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HomeMy WebLinkAboutAgenda Packet CC - 07/20/2015 - City Council Agenda Packet 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, July 20, 2015 Regular Council Meeting Agenda 6:00 PM INVOCATION - Councilmember Karen Thurman 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. 15-189) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 20, 2015 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 5) CONSENT AGENDA 1. Approval of the July 6, 2015 Regular City Council Meeting Minutes. (Agenda Item No. 15-190) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements for the Period Ending June, 2015. (Agenda Item No. 15-191) (Stacey Inglis, Assistant City Manager) 3. Approval of a Real Property Agreement with Georgia Department of Transportation for PI 0011675 Crabapple Streetscape Project. (Agenda Item No. 15-192) (Carter Lucas, Assistant City Manager) 4. Approval of a Construction Services Agreement between the City of Milton and Blount Construction Company, Inc. for the FY15 Road Resurfacing Projects. (Agenda Item No. 15-193) (Carter Lucas, Assistant City Manager) 5. Approval of a Construction Services Agreement between the City of Milton and Clayton Joseph Construction Services, LLC for the Demolition of structures at 12608 Crabapple Road. (Agenda Item No. 15-194) (Carter Lucas, Assistant City Manager) 6. Approval of a Professional Services Agreement with Cheryl A. Hilvert, Consultant, for Facilitation of the Strategic Planning Retreat. (Agenda Item No. 15-195) (Chris Lagerbloom, City Manager) 7. Approval of a Lease Agreement with MailFinance, Inc. for Mailing Equipment. (Agenda Item No. 15-196) (Stacey Inglis, Assistant City Manager) 6) REPORTS AND PRESENTATIONS 1. Presentation to Winners of the 2015 City of Milton Tree Photo Contest. (Mark Law, City Arborist) 7) FIRST PRESENTATION (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 20, 2015 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 8) PUBLIC HEARING 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2015; and for Other Purposes. (Agenda Item No. 15-184) (First Public Hearing and First Presentation at July 6, 2015 Regular City Council Meeting) (Stacey Inglis, Assistant City Manager) 2. Consideration of a Resolution Transmitting a Draft Capital Improvements Element, Relating to the City’s Consideration of an Impact Fee Program to the Atlanta Regional Commission for Regional and State Review. (Agenda Item No. 15-197) Kathleen Field, Community Development Director) ALCOHOL BEVERAGE APPLICATIONS 3. Consideration of the Issuance of a Brown Bagging Permit to Just for Giggles of Crabapple, LLC dba Just for Giggles, Located at 12635 Crabapple Road, Suite 250, Milton, Georgia 30004. (Agenda Item No. 15-198) (Stacey Inglis, Assistant City Manager) 4. Consideration of the Issuance of an Alcohol Beverage License to Sequoia Golf Manor, LLC dba The Manor Golf and Country Club, Located at 15951 Manor Club Drive, Milton, Georgia 30004. (Agenda Item No. 15-199) (Stacey Inglis, Assistant City Manager) 5. Consideration of the Issuance of an Alcohol Beverage License to Sequoia Golf Manor, LLC dba The Manor Golf and Country Club, Located at 15952 Manor Club Drive, Milton, Georgia 30004. (Agenda Item No. 15-200) (Stacey Inglis, Assistant City Manager) 6. Consideration of the Issuance of an Alcohol Beverage License to Sequoia Golf North Atlanta, LLC dba White Columns Country Club, Located at 300 Clubhouse Drive, Milton, Georgia 30004. (Agenda Item No. 15-201) (Stacey Inglis, Assistant City Manager) 7. Consideration of the Issuance of an Alcohol Beverage License to Sequoia Golf North Atlanta, LLC dba Atlanta National Golf Club, Located at 350 Tournament Players Drive, Milton, Georgia 30004. (Agenda Item No. 15-202) (Stacey Inglis, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 20, 2015 Page 4 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 RZ15-13 – 3225 Francis Road by Sexto Omar Martinez Rivera to Rezone from AG-1 (Agricultural) to R-3 (Residential) to Develop 2 Single Family Residences. (Agenda Item No. 15-182) (First Presentation at July 6, 2015 Regular Council Meeting) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Create a Conservation Subdivision – Chapter 50, Article V of the City Code of Milton. (Agenda Item No. 15-183) (First Presentation at July 6, 2015 Regular Council Meeting) (Discussed At July 13, 2015 City Council Work Session) (Kathleen Field, Community Development Director) 11) NEW BUSINESS 1. Consideration of a Resolution Transmitting a Draft Capital Improvements Element, Relating to the City’s Consideration of an Impact Fee Program to the Atlanta Regional Commission for Regional and State Review. (Agenda Item No. 15-197) (Public Hearing at July 20, 2015 Regular City Council) (Kathleen Field, Community Development Director) 2. Consideration of a Resolution Ratifying Confirmation of Transferable Development Rights Between Robert A. Brannon and the City of Milton, Georgia. (Agenda Item No. 15-203) (Ken Jarrard, City Attorney) 3. Consideration of a Resolution Regarding Milton Sign Code. (Agenda Item No. 15-204) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 20, 2015 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 13) STAFF REPORTS Department Updates 1. Fire 2. Finance 3. Information Technology 4. Innovation & Engagement 5. Human Resources 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 15-205) The minutes were provided electronically HOME OF 'T`�F BEST QJAL'JT GF LIFE IN GEORGIA' I LTO NIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 10, 2015 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending June, 2015. MEETING DATE: Monday, July 20, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. A APPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES �} NO CITY ATTORNEY REVIEW REQUIRED: (} YES NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS d ? Z 1S 11 *Y040 PHONE: 678.242.25001 FAX: 678.242.2499 G'een ' aniti�dt TopfpU info@cityofmiltonga.us i www.cityofmiltongo.us %� Iq Community i 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 %''a``� To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on July 13, 2015 for the July 20, 2015 Regular Council Meeting Agenda Item: Financial Statements for Period 9 – June 2015 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 4.10% over what is anticipated for the ninth period of the fiscal year. Total expenditures to-date are $20,352,854 and are 3.95% 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 $12,583,673, capital expenditures-to-date total $3,912,518. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending June 2015 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,992,500 32,740 - 32,740 464,517 402,123 62,393 Motor Vehicle Tax 995,000 84,897 82,917 1,980 658,127 663,333 (5,207) Intangible Tax 175,000 22,045 14,583 7,462 133,471 131,250 2,221 Real Estate Transfer Tax 75,000 7,175 6,250 925 56,489 50,000 6,489 Franchise Fees 1,850,000 69,034 69,034 - 1,089,876 1,045,000 44,876 Local Option Sales Tax 8,000,000 687,585 666,667 20,918 5,569,644 5,333,333 236,311 Alcohol Beverage Excise Tax 295,000 27,719 24,583 3,135 192,673 196,667 (3,994) Business & Occupation Tax 660,000 21,719 19,800 1,919 636,897 633,600 3,297 Insurance Premium Tax 1,680,000 - - - - - - Financial Institution Tax 39,673 - - - 39,673 39,673 - Penalties & Interest 34,600 5,818 3,042 2,776 32,480 27,635 4,845 Alcohol Beverage Licenses 147,400 - - - 147,400 147,400 - Other Non-Business Permits/Licenses 18,900 5,567 1,050 4,517 21,289 15,475 5,814 Zoning & Land Disturbance Permits 222,100 57,315 18,050 39,265 159,388 167,950 (8,562) Building Permits 470,000 68,084 39,167 28,917 360,914 352,500 8,414 Intergovernmental Revenue - - - - - - - Other Charges for Service 485,400 44,096 28,014 16,082 397,556 400,175 (2,619) Municipal Court Fines 551,000 58,121 45,917 12,205 416,872 413,250 3,622 Interest Earnings 22,500 157 1,875 (1,718) 21,341 16,875 4,466 Contributions & Donations - - - - 2,589 - 2,589 Other Revenue 46,660 46,895 2,799 44,096 85,598 38,263 47,335 Other Financing Sources 36,000 18,036 - 18,036 33,177 31,000 2,177 Total Revenues 24,796,733 1,257,003 1,023,748 233,255 10,519,971 10,105,502 414,469 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 172,810 8,003 8,801 (798) 110,473 121,469 (10,995) City Clerk 192,358 7,377 10,412 (3,034) 115,077 137,309 (22,232) City Manager 675,067 26,545 28,974 (2,429) 427,023 472,296 (45,273) General Administration 39,414 784 1,678 (894) 34,907 34,381 526 Finance 431,244 15,277 17,390 (2,113) 281,638 304,961 (23,323) Legal 230,000 - - - 129,525 134,167 (4,642) Information Technology 788,178 35,575 42,145 (6,570) 586,512 613,704 (27,192) Human Resources 323,149 8,997 15,915 (6,918) 177,396 218,464 (41,068) Risk Management 251,855 90,389 115,928 (25,539) 199,287 233,596 (34,309) General Government Buildings 386,485 31,269 31,686 (417) 290,023 291,428 (1,404) Public Information & Marketing 358,730 12,393 13,421 (1,027) 243,017 271,456 (28,439) Municipal Court 301,471 11,580 13,762 (2,182) 184,231 213,599 (29,368) Police 3,967,560 195,306 210,643 (15,337) 2,583,830 2,809,276 (225,446) Fire 5,566,535 246,829 250,024 (3,195) 3,884,466 3,876,227 8,239 Public Works 1,762,863 120,707 110,801 9,906 1,244,519 1,330,163 (85,644) Parks & Recreation 950,945 90,136 34,384 55,752 654,688 778,002 (123,314) Community Development 978,451 36,458 47,960 (11,503) 551,060 694,184 (143,124) Economic Development 79,941 1,827 1,525 302 29,428 29,026 402 Debt Service - Capital Lease Payment 179,117 - - - 179,117 179,117 - Operating Transfers to Other Funds 11,262,182 938,515 938,515 - 8,446,637 8,446,637 - Operating Reserve 177,068 - - - - - - Total expenditures 29,075,423 1,877,967 1,893,962 (15,996)20,352,854 21,189,460 (836,606) Net Income/(Loss)(4,278,690)(620,963)(9,832,883) Fund Balance - Beginning 10,798,747 10,798,747 Fund Balance - Ending 6,520,057 965,864 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 500$ 200$ 400$ (100)$ Artisan Farmer's Market Vendor -$ (150)$ 250$ 250$ Interest Revenues - 2 15 15 Crabapple Fest Sponsor 8,500 - 1,000 (7,500) Earth Day Sponsor 3,500 - 2,000 (1,500) Concert Sponsor 12,000 - - (12,000) Mayor's Run Sponsor 500 - 1,000 500 Artisan Farmer's Market Sponsor 18,300 - - (18,300) Craft Beer & Wine Festival Sponsor 35,000 - - (35,000) Donations/MGG - 250 1,068 1,068 T-shirt Sales - - - - Mayor's Run Reg. Fees 450 - 675 225 Roundup Food Sales - - - - Total revenues 78,750$ 302$ 6,408$ (72,342)$ EXPENDITURES Current: Special Events 123,825$ 1,333$ 54,741$ 69,084$ Total Expenditures 123,825$ 1,333$ 54,741$ 69,084$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 40,000$ 559$ 40,000$ -$ Total other financing sources and uses 40,000$ 559$ 40,000$ -$ Net change in fund balances (5,075)$ (8,333)$ Fund balances - beginning 43,287 43,287 Fund balances - ending 38,212$ 34,955$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2015 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 - 314 54,220 54,220 Interest Revenues/State Funds - - 18 18 Interest Revenues/Federal Funds - - 41 41 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 314$ 54,279$ 54,279$ EXPENDITURES Current: Police 33,000$ -$ 15,589$ 17,411$ Total Expenditures 33,000$ -$ 15,589$ 17,411$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (33,000)$ 38,690$ Fund balances - beginning 163,191 163,191 Fund balances - ending 130,191$ 201,881$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2015 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 800,000$ 34,676$ 495,783$ (304,217)$ Interest Revenue 175 20 223 48 Total revenues 800,175$ 34,696$ 496,006$ (304,169)$ EXPENDITURES Current: Public Safety 821,000$ 1,589$ 292,650$ 528,350$ Total Expenditures 821,000$ 1,589$ 292,650$ 528,350$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Transfers out to Capital Projects Fund 400,000$ 33,333$ 300,000$ (100,000)$ Total other financing sources and uses 400,000$ 33,333$ 300,000$ (100,000)$ Net change in fund balances (420,825)$ (96,645)$ Fund balances - beginning 479,271 479,271 Fund balances - ending 58,446$ 382,626$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2015 5 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 60,000$ 6,020$ 45,461$ (14,539)$ Total revenues 60,000$ 6,020$ 45,461$ (14,539)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ 5,461$ 5,461$ (14,539)$ Transfers out to Special Events Fund 40,000 559 40,000 - Total other financing sources and uses 60,000$ 6,020$ 45,461$ (14,539)$ 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 June 30, 2015 6 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 70,000$ 70,000$ 537$ 48,705$ (21,295)$ Sidewalk Replacement Account - - 22,500 44,726 44,726 Crabapple Paving Fee - - - - - Traffic Calming - - - 1,329 1,329 Tree Recompense - - - - - Landfill Host Fees 90,000 90,000 - 58,174 (31,826) HYA Fees - - - - Interest Revenue 1,700 1,700 32 371 (1,329) Realized Gain or Loss on Investments - - - - - Donation Revenue/Parks & Recration - 100,000 - 100,000 - Insurance Proceeds - - 10,225 10,225 Insurance Proceeds/Public Safety - - - - - Insurance Proceeds/Public Works - - - - - Miscellaneous Revenue - - 4,921 4,921 Atlanta HIDTA Stipend - - - - - Capital Lease Proceeds - - - - - Total revenues 161,700 261,700 23,069$ 268,451$ 6,751$ EXPENDITURES Capital Outlay City Council 300,000$ 585,227$ 7,950$ 366,458$ 218,769$ General Admin 50,000 23,176 - 19,414 3,762 Finance - - 3,875 6,094 (6,094) IT - - - - - Police 2,003,226 2,003,226 10,680 1,644,323 358,903 Fire 1,853,287 1,853,287 6,770 192,217 1,661,070 Public Works 6,628,260 6,639,260 1,966 577,007 6,062,253 Parks & Recreation 1,115,233 1,284,057 72,214 1,085,102 198,955 Community Development 195,440 195,440 1,565 21,904 173,536 Total Capital Outlay 12,145,446$ 12,583,673$ 105,020$ 3,912,518$ 8,671,155$ Excess of revenues over expenditures (11,983,746) (12,321,973) (81,950) (3,644,067) (8,664,404) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,065,206$ 4,403,433$ 366,953$ 3,302,575$ (1,100,858)$ Transfers in from E-911 Fund 400,000$ 400,000$ 33,333$ 300,000$ (100,000)$ Unallocated - - -$ -$ -$ Lease Proceeds - - -$ -$ - Proceeds of Sale of Assets - - -$ -$ - Budgeted Fund Balance - - - - - Total other financing sources and uses 4,465,206 4,803,433 400,286 3,602,575 (1,200,858) Net change in fund balances (7,518,540) (7,518,540) (41,492) Fund balances - beginning 7,875,774 7,875,774 7,875,774 Fund balances - ending 357,234$ 357,234$ 7,834,282$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2015 7 Original 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)$ GDOT TAP (Big Creek Greenway)188,623 - 41,891 (146,732) LMIG Funds 200,000 - 278,684 78,684 GDOT HPP Funds 5,514,052 - 622,373 (4,891,679) MARTA Grant 177,355 - 102,705 (74,650) SR 9 @ Bethany Bend Grant 17,726 - 16,232 (1,494) GDOT-Signage/Landscaping 4,062 - - (4,062) Trail Connection to Big Creek Greenway 15,000 - 15,000 - Interest Revenues - - 44 44 Total revenues 6,616,818$ -$ 1,076,929$ (5,539,889)$ EXPENDITURES Capital Outlay Unallocated -$ -$ -$ -$ Public Safety - - Public Works 7,261,981$ 71,846$ 2,423,261$ 4,838,720$ Community Development 4,900 - - 4,900 Total Capital Outlay 7,266,881$ 71,846$ 2,423,261$ 4,843,620$ Excess of revenues over expenditures (650,063) (71,846) (1,346,332) (696,269) OTHER FINANCING SOURCES (USES) Transfers in to General Fund 600,180$ 50,015$ 450,135$ 150,045$ Budgeted Fund Balance - - - - Total other financing sources and uses 600,180$ 50,015$ 450,135$ 150,045$ Net change in fund balances (49,883) (896,197) Fund balances - beginning 50,032 50,032 Fund balances - ending 149$ (846,165)$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2015 8 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Interest Revenues - - 91 91 Contributions & Donations 100,000 - - (100,000) Total revenues 100,000$ -$ 91$ (99,909)$ EXPENDITURES Capital Outlay General Government Buildings 7,412,301$ 6,950$ 116,935$ 7,295,366$ Parks & Recreation 9,131,258 1,167,472 4,673,487 4,457,771 Bond Principal 535,000 - - 535,000 Bond Interest 300,000 - 669 299,331 Total Capital Outlay 17,378,559$ 1,174,422$ 4,791,090$ 12,587,469$ Excess of revenues over expenditures (17,278,559) (1,174,422) (4,790,999) 12,487,560 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 6,258,569$ 521,547$ 4,693,927$ (1,564,642)$ Revenue Bond Proceeds 9,600,000 - - 9,600,000 Total other financing sources and uses 15,858,569$ 521,547$ 4,693,927$ 8,035,358$ Net change in fund balances (1,419,990) (97,072) Fund balances - beginning 1,419,989 1,419,989 Fund balances - ending (1)$ 1,322,917$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2015 9 a HOME OF ' EST B1,1SIIED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 10, 2015 FROM: City Manager AGENDA ITEM: Approval of a Real Property Agreement with Georgia Department of Transportation for PI 0011675 Crabapple Streetscape Project. MEETING DATE: Monday, July 20, 2015 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 ONO CITY ATTORNEY REVIEW REQUIRED: YES ONO APPROVAL BY CITY ATTORNEY (APPROVED O NOT APPROVED PLACED ON AGENDA FOR: 20 ! 5 REMARKS ©You *** Green PHONE: 678.242.25001 FAX: 678.2422499 Info@cityofmiltonga.us I www.cityofmiltonga.us naE Community �Ehics 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on July 10, 2015 for the July 20, 2015 Regular Council Meeting Agenda Item: Approval of a Real Property Agreement with Georgia Department of Transportation for PI 0011675 Crabapple Streetscape Project ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: As part of the Right of Way Certification, Georgia Department of Transportation (GDOT) requires that a real property agreement to be executed for each project. The purpose of the agreement is an acknowledgement that if federal funds are being used to acquire right of way or easements for a project, the sponsor must return proceeds from any future sale of the acquired property to GDOT. It also serves as an acknowledgement of whether or not acquisition is required, even if federal funds are not being used for acquisition. Funding and Fiscal Impact The budget for the acquisition services will be from Capital Grant Fund but are not reimbursable. This project only involves temporary driveway easements so there is no funding associated with the real property. Legal Review: Agreement – Paul Higbee, Jarrard & Davis on 7/8/15 Concurrent Review Chris Lagerbloom, City Manager Attachments: Real Property Agreement 1 REAL PROPERTY AGREEMENT STATE OF GEORGIA CITY OF MILTON THIS AGREEMENT, made and entered into on this the _____ day of __________________, by and between the GEORGIA DEPARTMENT OF TRANSPORTATION, and CITY OF MILTON, GEORGIA, a political subdivision of the State of Georgia. WITNESSETH: WHEREAS, the Department is authorized to receive federal funding for Transportation Enhancement Activities for Georgia pursuant to provisions of 23 U.S.C. Section 139(b)(8); and, WHEREAS, City of Milton, Georgia, has represented to the Department that it has the authority to receive and expend federal funds for the purpose of the project, is qualified to provide its services necessary for the implementation of the pr oject, and the Department has relied upon such representation; NOW, THEREFORE, it being duly considered and in recognition of the value and benefits accruing to the Local Government from said proposed Transportation Enhancement Project funding does promise and covenant as herein made; it agrees that: ARTICLE I Project: SR 372; Broadwell Road; Mayfield Road & Mid Broadwell Road @ 4 Locs P. I. Number: 0011675 Description of Real Estate: Temporary Driveway Easements from 10 parcels on Mayfield Road 2 ARTICLE II ____________________ City/County, Georgia, acknowledges that federal funds are being used to purchase the property designated in Article I, and, if this property ever changes ownership, the local government will reimburse the Georgia Department of Transportation the Fair Market Value of the property based on the Project’s actual share ratio. City of Milton, Georgia, acknowledges that federal funds are NOT being used to purchase the property designated in Article I, but if acquisition is needed, it will be acquired in accordance with Public Law 91-646, the Uniform Relocation Assistance and Real Properties Policies Act of 1970, as amended, and the rules and regulations of the FHWA including, but not limited to, Title 23, United States Code; 23 CFR 710, et. seq., and 49 CFR Part 24, and the rules and regulations of the Department. This work shall be coordinated with the Georgia Department of Transportation Office of Right of Way. ARTICLE III It is further agreed that this agreement will be referenced in the warranty deed for the above referenced property. IN WITNESS WHEREOF, the said parties have hereunto set their hands and affixed their seals, on this day and year first above written. CITY OF MILTON, GEORGIA (SEAL) BY: _________________________________________________ MAYOR, ___________________ (AFFIX CITY SEAL HERE) ATTEST: _____________________________________________ ITS CLERK (AFFIX NOTARY SEAL HERE) _______________________________________________ GEORGIA DEPARTMENT OF TRANSPORTATION BY: _________________________________________________ ITS: _________________________________________________ (AFFIX NOTARY SEAL HERE)  HOME OF ' a� ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 10, 2015 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Blount Construction Company, Inc. for the FY15 Road Resurfacing Projects. MEETING DATE: Monday, July 20, 2015 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: 0 YES ONO CITY ATTORNEY REVIEW REQUIRED: OYES O NO APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR: REMARKS KAPPROVED O NOT APPROVED a -7 2 01 ©'*YauEM *** PHONE: 678.242.25001 FAX: 67$.242.2499 Green 7 + CcalfleJ *� op tuu info@cityofmiltonga.us I www.cityofmNon ga.us""® Community ? Eh1C5t r 13000 Deerfield Parkway, Suite 107 J Milton GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Matthew Fallstrom, Public Works Capital Project Manager Date: Submitted on July10, 2015 for the July 20, 2015 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Blount Construction Company, Inc. for the FY15 Road Resurfacing Projects ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Following the city’s pavement management plan an Invitation to Bid (ITB) was issued for paving and sidewalk repair on the following roads:  Providence Rd from SR 372 to Bethany Road.  Broadwell Rd from the City Limits to SR 372.  Patching at various locations on Bethany Bend Road and Cogburn Road  Fire Station #43 Parking Lot. - Reconstruction and Restriping.  Stormwater - Repair 2 catch basins and road depression on Oakhurst Leaf Dr.  Resurfacing of Residential Streets - Longhollow Lane. - Blue Heron Way. - Wyndam Farms Dr. - Wyndam Farms Way. - Springfield Creek Rd. - Springfield Creek Way. - Pleasant Hollow Trail. - Old Saddle Ln. - Old Barn Ct. - Thomas Creek Ct. - Shade Crest Ct. - Plantation Trace. - Hallbrook Ln. - Galloway View. - Highlands Manor Trace. Page 2 of 2 - Highlands Manor Ct. - White Columns Dr. - Easy Goer Way. - Triple Crown Dr. The city received five bids for the proposed work which are summarized in Table 1. Table 1. Bid Summary In accordance with the city procurement procedures staff is recommending approval of a Construction Services Agreement with Blount Construction Company in an amount not to exceed $2,222,265.86. Funding and Fiscal Impact: Funding for this project is available in the Capital Projects fund Pavement Management and Sidewalks and the Capital Grant Fund LMIG budget in the Public Works Department. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee (July, 2015) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Construction Services Agreement Firm Bid Blount 2,222,265.86$ Bartow 2,572,981.92$ CW Matthews 2,590,822.57$ Baldwin 2,751,008.06$ Stewart Bros 2,838,822.50$ 1 CONSTRUCTION SERVICES AGREEMENT FOR FY15 Resurfacing Project This Agreement (the “Agreement”) to provide sidewalk improvements is made and entered into this ___ day of ____, 2015, 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”), Blount Construction Company, Inc., a Georgia corporation with its principal place of business located at 1730 Sands Place, Marietta, Georgia 30067 (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 FY15 Resurfacing 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 (24 Pages); B. Invitation to Bid ITB (61 Pages), attached hereto as Exhibit “A”; 2 C. Bid from Contractor dated June 15, 2015 (48 Pages), attached hereto as Exhibit “B”; D. Performance and Other 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 addition of new sidewalks and paving work in accordance with the specific scope of services provided in the ITB (Included as Exhibit A) and generally described as the following: Resurfacing, Patching, Drainage Repair, and Turn Radius Repair - Providence Rd starting at Bethany Rd. and ending at the asphalt joint at Freemanville Rd. Contractor will skip over the new pavement in front of the new development. o Edge mill when needed, patch 3” as directed, stripe to match with the exception of the outside white edge line this will be striped as directed, level .5” with 4.75mm, and overlay 1.5” with 9.5mm superpave.. o Sidewalk repair on marked locations, ADA ramp upgrade, and - Broadwell Rd. starting at Crabapple Rd and ending at the Milton City Limits. 3 o Profile mill 1.5”, patch 4” as directed, stripe as directed, level a .5” with 4.75mm superpave, and overlay 1.5” with 9.5mm superpave. Remove the curb and gutter and asphalt and base material to eliminate the on street parking from McCaus Lane south to the City limits. The curb will be replaced tying into the existing and the parking space area will be backfilled and sodded. - Oakhurst Leaf o Edge mill 1.5”, patching 4” with 19mm at marked locations, 1.5” overlay with 9.5mm. o Repair the two marked catch basins and sunken roadway section between these basins. Demo the catch basin lids and throats and replace. Fill in all voids around the box. Grout all joints and pipe connections in the box. All voids under the roadway will be excavated, compacted, and backfilled prior to overlay. The excavation and backfill as directed by the Engineer. o Sidewalk, curb and gutter repair, ADA ramp upgrade, and manhole and utility repair. Class B concrete for repair of any sunken utilities or broken manholes. - King Rd. starting at the City Limits and ending at Cox Rd o Profile Mill 1.5”, 2’ asphalt widening for both lanes, and patch as directed. The southwest corner of the intersection will be widened to improve the turn radius. This widening will be built according to the City’s road profile (6”,2”) A 1.5” overlay with 9.5mm superpave will be placed after all widening has been completed. - Bethany Bend along the Kings Ridge frontage. o Patch the eastbound lane along the school frontage milling 4.5” and filling back with 3” of 19mm and then topping the patch with 1.5” 9.5mm superpave. Replace any striping affected by this patch. - Bethany Bend and Hopewell Intersection o Profile mill both lanes of Bethany Bend 1.5” 100’ from the intersection. The southeast corner of the intersection will be widened to improve the turn radius. This widening will be built according to the City’s road profile (6”, 2”). A 1.5” overlay with 9.5mm superpave will be placed after all widening has been completed. - Bethany Church Rd and Bethany Bend Intersection o The southwest corner of the intersection will be widened to improve the turn radius. This widening will be built according to the City’s road profile (6”, 2”). Edge mill 1.5” along the curb and gutter back 160’ from the intersection, mill in a butt joint across Bethany Church road at the 160’ mark. 3” Patching at the intersection will be done as directed. A 1.5” overlay with 9.5mm superpave will be placed after all widening has been completed leaving a 4 smooth transition onto Bethany Bend. - Cogburn Road o Patch as directed milling 4.5” and filling back with 3” of 19mm and then topping the patch with 1.5” 9.5mm superpave. Replace any striping affected by this patch. LMIG Roads - Longhollow Lane starting at Dinsmore Rd. and ending at Blue Heron Way. o Patch 4” as directed overlay 1.5” with 9.5mm superpave and stripe to match. - Blue Heron Way starting at Longhollow Ln. and ending at the cul de sac. o Patch 4” as directed and overlay 1.5” with 9.5mm superpave. - Wyndam Farms Dr. starting at Cogburn Rd. and ending at the cul de sac. o Patch 3” as directed overlay 1.5” with 9.5mm superpave and stripe as directed. - Wyndam Farms Way starting at Wyndam Farms Dr. and ending at the cul de sac. o Patch 3” as directed, and overlay 1.5” with 9.5mm superpave and stripe as directed. - Pleasant Hollow Trail starting at Providence Rd. and ending at the cul de sac. o Patch 3” as directed, overlay 1.5” with 9.5mm superpave, and stripe to match. o The contractor will adjust the grade of the road to allow for the water to leave the road. This area is located around 900-925 Pleasant Hollow Trl, with the storm drain structure being in the yard of 905 Pleasant Hollow Trl. on the right - Old Barn Ln. starting at Francis Rd. and ending at the cul de sac. o Edge mill, patch 3” as directed, overlay 1.5” with 9.5mm superpave and stripe to match. - Old Barn Ct. starting at Old Barn Ln. and ending at in the cul de sac. o Edge mill, patch 3” as directed and overlay 1.5” with 9.5mm superpave. Resurfacing and Patching of Residential Streets - Thomas Creek Court cul de sac to cul de sac o Edge mill, 3”patch as directed and overlay 1.5” with 9.5mm. - Springfield Creek Rd. starting at Wyndam Farms Dr. and ending in the cul de sac. o Edge mill, 3”patch as directed, overlay 1.5” with 9.5mm and stripe as directed. 5 - Springfield Creek Way starting at Springfield Creek Rd. and ending in the cul de sac o Edge mill, patch as directed and overlay 1.5” with 9.5mm and stripe as directed. - Shade Crest Ct. starting at Oakhurst Leaf and ending in the cul de sac. o Edge mill, patch as directed and overlay 1.5” with 9.5mm and stripe as directed. o Sidewalk, curb and gutter repair, ADA ramp upgrade as directed. - Plantation Trace o Edge mill, patch as directed, and overlay with 1.5” of 9.5mm. o Curb and gutter repair, ADA ramp upgrade as directed. - Hallbrook Ln. o Edge mill, patch as directed, and overlay with 1.5” of 9.5mm. o Sidewalk, curb and gutter repair, ADA ramp upgrade as directed. - Galloway View. o Edge mill, patch as directed, and overlay with 1.5” of 9.5mm. o Sidewalk, curb and gutter repair, ADA ramp upgrade as directed. - Highlands Manor Trace. o Edge mill, patch as directed, and overlay with 1.5” of 9.5mm. o Sidewalk, curb and gutter repair, ADA ramp upgrade as directed. - Highlands Manor Ct. o Edge mill, patch as directed, and overlay with 1.5” of 9.5mm. o Sidewalk, curb and gutter repair, ADA ramp upgrade as directed. - White Columns Drive o Edge Mill, patch as directed, and overlay with 1.5” of 9.5mm. Start at Treyburn Manor Dr. and ending at the circle. o Deep patch the failure section in the eastbound lane across the dam 4.5” and filling back with 3” of 19mm and then topping the patch with 1.5” 9.5mm superpave. - Triple Crown Dr starting at the first marked location as you enter off of state route 372 ending at the first 4-way stop. o Edge mill, patch as directed, and overlay with 1.5” of 9.5mm. o Sidewalk, curb and gutter repair as directed. - Triple Crown Cir starting at Triple Crown Dr. and ending at Triple Crown Dr. o Edge mill, patch as directed, and overlay with 1.5” of 9.5mm. o Sidewalk, curb and gutter repair, as directed. - Triple Crown Ct. starting at Triple Crown Dr. and ending at the cul de sac. o Edge mill, patch as directed, and overlay with 1.5” of 9.5mm. o Sidewalk, curb and gutter repair, as directed. 6 - Easy Goer Way starting at Sea Biscuit and ending at the marked location at the new asphalt joint. o Edge mill, patch as directed, and overlay with 1.5” of 9.5mm. Hickory Flat Fire Station Asphalt Parking Lot Replacement - Fire Station is located at 750 Hickory Flat Rd. The contractor will remove the existing asphalt parking lot and drive lane located behind the fire station. o Remove existing asphalt section and base to a depth of 11”. o Replace the asphalt section with 4” of Certified Graded Aggregate Base and 7” of 4000 PSI concrete o Proof roll the sub grade before the placement of stone base and again before the placement of the concrete lift. Any undercutting of the subgrade will be replaced with GAB at a depth determined by the Engineer. All undercutting will be paid through the GAB line item. o Striping to match existing, refresh all striping in the parking lot and add a Handicap striped space in front of the existing ramp. All parking lot striping will be done with paint and be considered incidental. 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 90 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. Section 5 Contractor’s Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $2,222,265.86 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 7 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. 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 (10%) 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 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. 8 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. 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 9 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 ___________________________________ shall be authorized to act on 10 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 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, 11 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. 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 12 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) Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Contractor’s errors, omissions, or negligent acts. (d) 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, 13 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. (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. 14 (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(I) of this Agreement. (iv) 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(I) 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. (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 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. 15 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 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 16 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 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. 17 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. 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 18 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 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 19 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 Matt Fallstrom 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 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. 20 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. 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 21 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. Bob Cathcart, Blount Construction Company, Inc., 1730 Sands Place, Marietta, GA 30067 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, 22 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] 23 Blount Construction Company, Inc. ___________________________________ Signature _______________________________________________ Print Name _______________________________________________ Title [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: _____________________________ Witness (Corporate Secretary should attest) _______________________________________ 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] 24 My Commission Expires: __________________ a HOME OF' FSTABLISITYD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 15, 2015 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Clayton Joseph Construction Services, LLC for the Demolition of structures at 12608 Crabapple Road. MEETING DATE: Monday, July 20, 2015 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED CITY ATTORNEY APPROVAL REQUIRED: y YE.S- CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY �APPROVEJ PLACED ON AGENDA FOR 0 1 Z p f S XEN- (} NOT APPROVED () NO O NO APPROVED © 10 You PHONE: 678.242.25001 FAX: 678.242.2499 Green`.ty ;cehinif0 : T�iW ['try o ,, „i��k �� Eccsf info@cityofmiltonga.us I www.cityofmiltonga.us Community .�� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Matthew Fallstrom, Public Works Capital Project Manager Date: Submitted on July14, 2015 for the July 20, 2015 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Clayton Joseph Construction Services, LLC for the Demolition of structures at 12608 Crabapple Road. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The Demolition of the structures will certify to GDOT that all Right of way and easements are clear to begin construction. The city received three bids for the proposed work which are summarized in Table 1. Table 1. Bid Summary Firm Bid Clayton Joseph Construction Services LLC $40,375.00 Strickland Pipe $57,000.00 Brent Scarbrough & Company Inc. $87,600.00 In accordance with the city procurement procedures staff is recommending approval of a Construction Services Agreement with Blount Construction Company in an amount not to exceed $40,375.00. Funding and Fiscal Impact: Funding for this project is available in the Mayfield @ Mid Broadwell capital grant fund account and 80% of the demolition may be reimbursable. Alternatives: There are no alternatives to this project. Page 2 of 2 Legal Review: Jarrard & Davis, LLP – Paul Higbee (July, 2015) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Construction Services Agreement HOME OF 'SIF GEST G =Ai !'? OF I IFn IH G1r_'9Q€4' I LTON*t ESTABLISHM 2006 CONSTRUCTION SERVICES AGREEMENT FOR DEMOLITION OF STRUCTURES AT 12608 CRABAPPLE ROAD This Agreement (the "Agreement") to provide sidewalk improvements is made and entered into this _ day of , 2015, 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"), Clayton Joseph Construction Services, LLC. (hereinafter referred to as the "Contractor") having its principal place of business at 276 Arnold Mill Road Woodstock, Georgia 30188. WITNESSETH: WHEREAS, the City issued an Invitation to Bid for the Demolition of Structures at 12608 Crabapple Road; and WHEREAS, based upon Contractor's bid to complete these drainage improvement, 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 (18 Pages); B. Exhibit "A" ITB (25 Pages) C. Bid from Contractor dated July 6, 2015 (10 Pages), attached hereto as Exhibit "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. Exhibit `=G" [RESERVED], 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 Deserintion The scope of this project generally consists of the demolition of structures at 12608 Crabapple Rd. based on Exhibit A and the drawing and Scope of Work provided in Exhibit B. 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 consists of the removal of all asbestos material, the demolition of the existing house, the removal of all underground gas tanks and septic tanks, and all erosion and sediment control measures. 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 .2 Contractor agrees to complete the Project within 20 calendar days from the date of Notice to Proceed. Every effort will be made by 2 Contractor to shorten this period. Section a Contractor's Com ensation• Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $40,375.00 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. City and Contractor shall comply with the provisions of O.C.G.A. § 13-10-80. The Contractor through each invoice may request payment of no more than ninety percent (90%) of that portion of the Work completed during the term covered by such invoice until fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City. Payment for the remaining ten percent (10%) of Work completed and covered by such invoices shall be retained by the City until Final Completion. Once fifty percent (50%) of the Contract Price, as may be adjusted, is due and the manner of completion of the Work and its progress are reasonably satisfactory to the City, no additional retainage shall be withheld, except as provided below. At the discretion of the City and with the written approval of the Contractor, the retainage of each subcontractor may be released separately as the subcontractor completes his or her work. If, after discontinuing the retention, the City determines that the Work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level. If retention is resumed by the City, the Contractor and subcontractors shall be entitled to resume withholding retainage accordingly. At Final Completion of the Work and as the City determines the Work to be reasonably satisfactory, 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, 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 determined by the City shall be withheld until such item or items are completed. The reduced retainage shall be shared by the Contractor and subcontractors as their interests may appear. The Contractor shall, within ten (10) days from its receipt of retainage from the City, pass through payments to subcontractors and shall reduce each subcontractor's retainage in the same manner as the Contractor's retainage is reduced by the City; provided, however, that the value of each subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value, provided, further, that the work of the subcontractor is proceeding satisfactorily and the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the Contractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. The subcontractor shall, within ten (10) days from the subcontractor's receipt of retainage from the Contractor, pass through payments to lower tier subcontractors and shall reduce each lower tier subcontractor's retainage in the same manner as the subcontractor's retainage is reduced by the Contractor; provided, however, that the value of each lower tier subcontractor's work complete and in place equals fifty percent (50%) of his or her subcontract value, including approved change orders and other additions to the subcontract value; provided, further, that the work of the Iower tier subcontractor is proceeding satisfactorily and the lower tier subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work including any warranty work as the subcontractor in his or her reasonable discretion may require, including, but not limited to, a payment and performance bond. Neither final payment nor any retained percentage shall become due until the Contractor submits to the City: (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or City property might be responsible or encumbered (less amounts withheld by City) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance, required by the Contract Documents to remain in force after final payment, is currently in effect and will not be canceled or allowed to expire until at least 30 calendar days prior written notice has been given to the City; (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) consent of surety, if any, to final payment; (5) a release or waiver of liens, claims, security interests, and encumbrances by all subcontractors and material suppliers; and (b), if required by the City, other data establishing payment or satisfaction of obligations, such as receipts, to the extent and in such form as may be designated by the City. If a subcontractor or material supplier refuses to furnish a release or waiver as required by the City, the Contractor may furnish a bond satisfactory to the City to indemnify the City against such lien. If 4 such lien remains unsatisfied after payments are made, the Contractor shall refund to the City all money that the City may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. Acceptance of final payment by the Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee, except those claims previously made in writing and identified by that payee as unsettled at the time of final application for payment 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 the city budget and procurement coordinator, for approval. The City shall pay the Contractor within thirty (34) 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. 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 Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve 6 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 Cit 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. Responsibility of Contractor and Indemnification of Ci 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, Iosses, 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 7 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. 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, Iicenses, 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) Professional Liability of $1,000,000 Iimit for claims arising out of professional services caused by the Contractor's errors, omissions, or negligent acts. (d) 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 Liabilily and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are 9 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. (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 10 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. (iv) 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. (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 payment under the Agreement, whichever is later. (9) CitLas-Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this I1 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 "F -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 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. 12 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 0.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 0.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 Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in 13 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. O. Confzdentiali 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. 14 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. Authorit 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 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. 15 Section S Covenants of the CitE 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 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 Warrantv 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 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 16 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. Com lets A reement. 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. 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. H. 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: 17 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: Clayton Joseph Construction Services, LLC. 276 Arnold Mill Road Woodstock, Georgia 30188 F. Sovemi n 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, 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 case of reference and are not to be considered in the construction or interpretation of any Provision of this Agreement. 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 18 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 C toil os Cron ion Sen -ices, LLC. SIGNED. SEALED..LND DELnTERED Dennis Gimv Member aria r In the vresence of Jeanne Burke French Attest: tl - Public Q— cI [-VOTARY SEAL] MYC3mm- bsion Exire� Sept. 17. ?pi 7 SIGNED. SEALED. IND DELIVERED In the presence cc.. Witness i`Iotary Plbiic [NOTARY SEAL] My Commission Exires: MILTON CITY COUNCIL: Joe Lockwood. ,favor 20 [CITY SEAL] R EXHIBIT "A" ITB 21 SECTION 1: SCOPE OF PROJECT Bid Form Demolition of Structures at 12608 Crabapple Road and Shell Gas Station Sign at 12690 Crabapple Road General ❑eSCrigtlOtl Of PfOjeCt SCOP e: The City of Milton is soliciting quotes from qualified vendors to provide the following: Asbestos Abatement. Pre -demolition rodent eradication and letter; Demolition and removal of all structures septic tanks, gas tanks, and foundations at 126()8 Crabapple Road, and the Shell Gas Station Sign at 12690 Crabapple Road Milton, Georgia 30004; Disposal of ail trash and debris-, Grade and install erosion control measures (silt fence. straw and seed disturbed areas on site). 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 proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary andlor required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the city. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The base bid may not be withdrawn or modified, except at the request of the city, for a period of sixty (60) days following receipt of the bids, Bid due June 5th, 2015 Base Bid Amount 40,375.00 (Dollar Amount in Numbers) _ i 'arty Thousand Three Hundred Seventy Five Dollars and 00/100 (Company Name) ­_ ;layton Joseph Construction Service, LLC (Signaturf -. — -- - - - C__�e (Printed i\n - - - - -.. is Gim Bid due June 5th, 2015 crouse ivi ana Utillities Bid Amount 16,375.00 (Dollar Amount in Numbers) r Sixteen Thousand Three Hundred Seventy Five Dollars and 00 (Company Name) - - Clayton Joseph Construction Services, LLC (Signature: F -- (Printed M De�islirnys � House #2 and Utilities Bid Amount $ 24,000.00 -- (Dollar Amount in Numbars)- Twenty Four Thousand Dollars and 001100 (Company Name) - - -- Clayton Joseph Construction Service, LLC 1 (Signature) - - - �(PrintedN� Den is Girnys �T Shell Gas Station Sign and Utilities Bid Amount (Dollar Amount in Numbers) (Company Narne) (Signature) (Printed Name) 1.0 General Conditions a) Construction activity within 1000 feet on an occupied residence will be allowed Mon, -Fri. between the hours of 7:30 AM and 7:33 PM and Sat. between 8:30 AM and 5:00 PM. Construction activity more than 1000 feet from an occupied residence will be allowed Mon. - Fri. between the hours of 7:00 AM and 10:00 PM and Sat. between the hours of 8:36 AM and 6:00 PM. b) Contractor must notify the City of Milton (678) 242-2500, twenty-four (24) hours prior to beginning construction, c) Burial of construction materials is not permitted within the City of Milton. All construction materials and debris within the work area shall be properly disposed of by the contractor. d) The contractor is responsible for any damaged property which occurs as a result of this project The contractor shall replace any damaged property at his own expense_ e) Unless otherwise stated, the City shall provide all necessary permits and easements associated with this project prior to issuance of the Notice to Proceed. The city reserves the right to remove any materials from the project site prior to demolition activities. 1.0 Materials, Equipment and Employees a) The contractor shalt, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, fights, power, fuel, sanitary facilities and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the hest and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied there from, all in accordance with the contract documents, b) No changes shall be made in the Work except upon written approval and change order of the city. c) If at any time during the construction and completion of the work covered by these contract documents, the conduct of any workman of the various crafts be adjudged a nuisance to the Owner or if any workman be considered detrimental to the work, the Contractor shall order such parties removed immediately from the site. d) The contractor shall designate a foreman/superintendent who shall direct the work 2.0 Asbestos Abatement a) The contractor shall remove and dispose of all asbestos material. All waste material shall be transported to an approved EPA Certified Class I Landfill permitted to accept asbestos. The contractor shall also be responsible for preparing and submitting all necessary documents to the Georgia Environmental Protection Division for the 10 day demolition notice, 3.0 Rodent Eradication a) Pre -demolition, the selected contractor shall diligently eradicate all rodents and vermin before demolition and provide a rodent letter from a certified exterminator. 4.0 Demolition and Debris Removal a) Two structures remain on the property, a single story frame house and associated remains of a cinder block storage building. There are two marked trees one of which is laying on the structure that will need to be removed. The selected contractor shall be responsible for project area in accordance with local, state and federal regulations. demolishing the structures and foundations and removal of all trash and debris from the 5.0 Erosion and Sediment Control a) The contractor will provide suitable erosion and sediment control measures so as to prevent sediment from leaving the site. Maintenance of erosion and sediment control required at all times. The contractor shall have certified measures is erosion and sediment control personnel on site at all times. All NPDES, GSWCC and City of Milton guidelines should be followed. b) All erosion and sediment control work shall be performed in accordance with the standards provided in the Georgia Manual for Erosion and Sediment Control in Georgia, latest edition. c) Provide a single row of Type C silt fence along the down slope side of all disturbed areas. All barriers shall be in place prior to any land disturbing activities. d) Silt fences and hay bale barriers shalt be cleaned or replaced and maintained in functional condition until permanent erosion control measures are established. All silt fences and other temporary measures will be removed by the contractor/developer when the site is stabfe. e) Silt fence fabric shall be comprised of Ga. department of Transportation qualified products Section 171, type "A', for silt fence fabric Fj Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case shall a site be left bare for more than fourteen (14) days. g) No clearing beyond the limits of disturbance shown on the approved plans shall be allowed without approval. h) Provide a minimum of %z Inch of mulching, temporary and permanent seeding of all other disturbed areas. 6.0 Utilities a) The contractor shall be required to coordinate and manage any and all utility locates and/or disconnections within the scope of this project prior to any demolition activities. 7.0 Performance a) All work performed shall be in accordance City of Milton Construction Standards. The contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations The Contractor will conform to MIITCD and the State of Georgia Department of Transportation standards for traffic control, The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (ME)PW). 8.0 Safety Requirements a) The Contractor shall be responsible for the entire site and the construction of the same and Provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He shall be responsible for any damage to the Owners property or that of others on the job, by himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages, b) The Contractor shall provide all necessary safety measures for the protection of a#1 persons on the work. Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury res0ing from failing materials and he shall maintain all protective devices and signs throughout the progress of the work. 9.0 Codes, Permits and Inspections a) The Contractor shall obtain the required permits, if required, give all notices, and comply with alf laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the City in writing. If the Contractor perforins any work knowing it to be contrary to such laws, ordinances, codes, rales and regulations, and without such notice to the City, he shall bear all cost arising there from. b) The contractor shall obtain a building demolition permit from the city and provide all required documentation to obtain the permit but will not be charged the permit fee and shall not include that fee in the base bid. c) The contractor is responsible for obtaining all required inspections. 90.0 Clean Up a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do so by the City. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the site, and completely prepare the project and site for use by the City. 11.0 Schedule a) Project shall start within 10 Calendar of date of award and be completed in satisfactory manner, as deemed by MDPW, within 30 calendar days from date of award. 12.0 Detail/Drawings (See Attached) Property Management Pian 1 ` f • to be remove oad project ---- - - - -=lr_��'�� Ttj Exhibit B: Asbestos Stu& Pending Report UNIVERSAL ENGINEERING SCIENCES LIMITED ASBESTOS SURVEY Church Building and Residence 12608 Crabapple Road Alpharetta, Fulton County, Georgia UES Project No. 1640.1500032,0000 Report No. 1239573 June 17, 2015 Prepared For - City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 Prepared By: Universal Engineering Sciences, Inc 3040 Business Park Drive, Suite F Norcross, Georgia 30071 (770) 242-6438 Report Preparation: Jeffs R. oodyear P.E. CONSULTANTS: ProjWal engineering ■ Environmental Engineering ■ Construction Materials Testing GA EPA -Accredited InspeTe shold Inspection ■ Private Provider Insnpetinn OFFICES: Daytona Beach, FL • Fort Myers, FL ■ Fort Pierce, FL , Gainesville, FL - Jacksonville, FL , Leesburg, FL - Miami, FL v Norcross. GA + Ocala, FL ■ Orange City, FL Orlando, FL - Palm Coast, FL , Panama Cily, R - Pensacola, FL . Rocidedge, R • Sarasota, FL - St. Augustine, FL - Tampa, FL - West Palm Beach, FL TABLE )F CONTENTS 1.0 INTRODUCTION 1 1------'--------------^'' i r^unPUSEANDGC<JPE-----. ---^'---'--- 1.2 VVARR8NTY___________ —^`'—^'—^—`---'-^—~--~—'--'1 2.O --' 1 3.0 4.0 SUSPECTED ASBFSTOS CONTAINING BUILDING MATERIALS. 3 5.0 I-ABORATORY ANALYSIS. 5.1 BULKANALYSIS 6.0 EINDINGS ----- 5 7.0 --'---'----------'------^--..b 8.0 ----'--'—^-----''—'---'--'---'—'6 TION 0.0 ------------'--'-------'---^''6 LIST OF APPENDICES APPENDIX SITE LOCATION MAP APPENDIX LABORATORY DATA APPENDIX QUALIFICATIONS UES Project No. 1640.1500032.0000 Report No. 1239573 June 17, 2015 1.0 INTRODUCTION This report presents the results of asbestos containing building material (ACBM) evaluation survey performed on the church building and residence located at 12608 Crabapple Road in Alpharetta, Fulton County, Georgia. The work was conducted in accordance with the scope of work defined in Universal Engineering Sciences, Inc. (UES) Proposai No. 1640.0515.00003 dated May 22, 2015. 1.1 Purpose and Scope The purpose of this study was to perform an evaluation for the presence of ACBM within the office/retajl suites listed above. The activities and procedures used to accomplish this task were as follows: Walked -through and observed accessible areas of the structure to identify, locate and assess suspected ACBM. 2. Collected bulk samples of each suspect ACBM and analyzed the collected samples using Polarized Light Microscopy (PLM) for presence of asbestos fibers. 1.2 Warranty The field and laboratory results reported herein are considered sufficient in detail and scope to determine the presence of accessible andlor exposed suspect ACBMs in the structure. UES warrants that the findings contained herein have been prepared in general accordance with accepted practices as applied by similar professionals in the industry. Changes in the state of the art or in applicable regulations cannot be anticipated and have not been addressed in this report. The survey and analytical methods have been used to provide the client with information regarding the presence of accessible and/or exposed suspect ACBMs existing in the structure at the time of inspection. Test results are valid only for the materials tested. There is a distinct possibility that conditions may exist which could not be identified within the scope of the study or which were not apparent during the site visit. The inspection covered only those areas, which were exposed and/or physically accessible to the inspector. The study is also limited to the information available from the client at the time it was conducted. No other warranties are expressed or implied. Page 1 of 5 UES Project No. 1640.1500032.0000 Report No. 1239573 June 17, 2015 2.0 BUILDING CHARACTERISTICS AND INFORMATION The residence and church buildings at 12608 Crabappie Road are currently unoccupied. The interior walls and ceiiings are finished with wallboard. Floors consisted of vinyl sheet flooring and carpet. The roofs are sloped with asphalt shingles. 3.0 ASBESTOS INSPECTION PROCEDURES Three forms of ACBMs are typically found in buildings: (1) sprayed or troweled -on surfacing materials; (2) thermal systems insulation (insulation on pipes and boilers); and (3) miscellaneous materials such as wallboard, adhesives, ceiling tiles, and floor tiles, A walk-through inspection was conducted on June 5, 2015 to identify these and other materials present within the buildings. The field inspection was performed by Mr. Jeffery R. Goodyear; inspector accredited according to the Code of Federal Regulations Title 40, Part 763 (40 CFR 763-AHERA). Refer to Appendix 3 for qualifications of inspectors. After a preliminary walk-through of the building, a detailed observation was conducted to evaluate the location and extent of the suspected ACBMs. Once identified, these materials were categorized into homogeneous areas containing materials of the same type, age, visual appearance, texture, composition, etc. Random, and in some cases, judgmental samples of each homogeneous area material were then collected. The physical condition and potential for disturbance and damage of each material was assessed. In addition, a tactile inspection of the materials was performed to evaluate friability. If the material, when dry can be crumbled, pulverized or reduced to powder by hand pressure, it is considered friable. 4.0 SUSPECT ASBESTOS CONTAINING BUILDING MATERIALS Based on UES' visual survey of the structure, eighteen (18) building material samples sidence. were obtained from the church building and twelve (12) samples from the re Tables 1 and 2 present a summary of the materials suspected of containing asbestos. Homogeneous Suspect Homo enous ACBMs Table 1 Visuall Identified in Church Building Material No. Sample Numbers Material Description Sampling Location 1 WB -01 to WB -03 Wallboard Throughout 2 ACT -01 to ACT -03 Acoustic Ceiling Tile -------------- Throughout 3 RS -01 to RS -03 Roof Shingle Roof 4 JC -01 to JC -03 Joint Compound Throughout ---- 5 VS -01 to VS -06 Vinyl Sheet Flooring 9 ------- Kitchen/Bathrooms Page 2 of 5 LIES Project Nc. 1640.1500032.0000 Report No. 1238573 ,lune 17, 2015 Table 2 HSuspect Homo enous ACBMs VisuallyIdentified in Residence Materiomogeneous al No. Sample Numbers Material Description Sampling Location 1 WB -01 to WB -03 Waifboard Throughout 2 JC -01 to JC -03 Joint Compound p Throughout 3 RS -01 to RS -03 Asphalt Shingle Roof 4 VS -01 to VS -03 Vinyl Sheet Kitchen/Bathrooms 5.0 LABORATORY ANALYSIS 5.1 BULK ANALYSIS The samples of the suspected ACBM collected during the field inspection were transported with chain -of -custody documentation to CEI Labs (CEI) in Cary, North Carolina for laboratory analysis. AES is accredited by the National Voluntary Laboratory Accreditation Program (NVLAP), which is administered by the National Institute of Standards and Technology. These samples were analyzed for the presence of asbestos fibers using PLM. The analyses were performed according to EPA Method 600/R-931116, July 1993. 5.2 POINT COUNT Samples of the suspect ACMs collected during the field inspections were not point counted as part of this survey. 6.0 FINDINGS Laboratory analyses of the samples collected from the residences located on the subject property identified the following ACBMs detailed in Table 3: Table 3 Summa of Asbestos-Containin Materials at residences Building Material Location(s) NIESHAP Estimated Classification Quanti Throughout Church Building Joint Compound Throu hout the Walls of 9 f=riable ACM the 1,200 Square Foot Buiidina It is important to note that OSHA regulations are applicable to these samples. For a copy of the laboratory report, refer to Appendix 2. The above estimated quantities and are for reference only should not be relied on for bid purposes. Actual numbers used for bidding purposes should be calculated by asbestos abatement contractors using Page 3 of 5 UES Project No. 1640.1500032.0000 Report No. 1239573 June 17, 2015 field measurements. Should suspect ACBMs not identified in this report be encountered during demolition, an accredited inspector, according to Federal Regulation 40 CFR, 763 (AHERA) should be allowed to visually inspect these ACBMs and collect additional samples for analyses. 7.0 SUMMARY Based on the laboratory analysis report, the joint compound in the church building was identified to contain greater than one (>1 %) asbestos and needs to be removed prior to demolition. According to the National Emission Standard for Hazardous Airborne Pollutants (NESHAP), 40 CFR Part 61, Subpart M, these materials are considered to be ACBMs. 8.0 REGULATORY INFORMATION The demolition of buildings containing ACBMs is regulated under the NESHAP statute. The NESHAP regulations require notification to the controlling agency and removal of all regulated asbestos containing materials (RACM) prior to demolition. RACM is defined as (1) friable asbestos material, (2) Category i non-friable asbestos containing material that has become friable, (3) Category I non-friable asbestos containing materiai that will be or has been subjected to sanding, grinding, cutting, or abrading, or (4) Category II non-friable asbestos containing material that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition operations regulated by NESHAP, Renovation or demolition activities in a building that contains Asbestos Containing Material (ACM) or Presumed Asbestos Containing Material (PACM) are also regulated under the OSHA Asbestos Construction Standard (29 CFR 1926.1101). The OSHA standard requires the building owner to inform their employees who will work in or adjacent to areas containing ACM or PACM, perspective employers applying or bidding for work whose employees reasonably can be expected to work in or adjacent to areas containing ACM or PACM, all employers of employees on multi employer work sites who will be performing work with or adjacent to areas containing asbestos, and tenants who will occupy areas containing ACM or PACM, of the presence, location, and quantity of ACM or PACM at the work sites in their buildings and facilities. Further, the OSHA standard (29 CFR 1926.1101) requires employers who discover ACM or PACM to convey information concerning the presence, location and quantity of such newly discovered AGM or PACM to other employers or employees working at the work site within 24 hours of discovery. While OSHA says the notification can be written or personal communication, there are many advantages to written communication. The OSHA construction standard (29 CFR 1926.1101) also contains specific training, work practices, procedures, engineering controls, notifications, permissible exposure limits, personal protection, record keeping, and a multitude of other requirements for the Page 4 of 5 UES Project No. 1640.1500032.0000 Report No. 1238573 June 17, 2015 demolition, renovation, construction, alterations, repair, maintenance of structures, substrates or portions there of that contain asbestos. 9.0 CONTROLLING AGENCIES The controlling agency for the coordination of projects involving asbestos removal or demolition for the subject property is the Georgia Environmental Protection Division, Georgia Department of Natural Resources, Lead -Based Paint and Asbestos Program, 4244 International Parkway, Suite 104, Atlanta, Georgia 30354. The contact person is Mr. James .Jackson at (404) 363-7041 or Ms. Lisa Davidson at (404) 362-2585. Page 5 of 5 APPENDIX 1 u LIMITED ASBESTOS SURVEY Church Building and Residence 12608 Crabapple Road Alpharetta, Fulton County, Georgia UT ENGINEERING SITE LOCATION PLAN12014 AERIAL crrcnrcr PHOTOGRAPH FOR: City of Milton DRAWN BY: JG DATE: 6/17/15 CHECKED BY : TT DATE: 6117/15 SCALE: NTS APPENDIX: i PROD NO: 1640.1500032.0000 1 REPORT NO : 1239573 APPENDIX 2 CC June 15, 2015 Universal Engineering Sciences 3040 Business Park Drive - Suite F Norcross , GA 30071 CLIENT PROJECT: Korean Church; 1640.1500032.0000 CEI LAB CODE: B15-3389 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on June 9, 2015. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 500 Method. Sample results containing >1% asbestos are considered asbestos -containing materials (ACMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1 % asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. If you have any questions, please feel free to call our office at 919-481-1413. Kind Regards, , � Z� /""' � /_ � r- Tianbao Hai, Ph.D_, CIH Laboratory Director my"NVLAp 107 New Edition Court • Cary, NC 27511 • 919.481,1413 ter. ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Universal Engineering Sciences CLIENT PROJECT: Korean Church; 1640.1500032.0000 CEI LAB CODE: B15-3389 TEST METHOD: EPA 600 / R93 / 116 and EPA 6001 M4-82 / 020 REPORT DATE: 06/15/15 TOTAL SAMPLES ANALYZED: 18 # SAMPLES >1% ASBESTOS: 3 TEL: 866-481-1412 www.ceilabs.com Asbestos Report Summary L By: POLARIZING LIGHT MICROSCOPY E PROJECT: Korean Church; 1640.1500032.0000 CEI LAB CODE: B15-3389 METHOD: EPA 600 / R93 1 116 and EPA 600 I M4-82 1 020 ASBESTOS Client ID Layer Lab ID Color Sample Description % ::1 v i tj44y S i White Vinyl Sheet None Detected VS -2 B44918 White Vinyl Sheet None Detected VS -3 844919 White Vinyl Sheet None Detected VS -4 B44920 White Vinyl Sheet None Detected VS -5 B44921 White Vinyl Sheet Nere Detected VS -6 844922 White Vinyl Sheet Ncne Detected WS -1 B44923 White Wallboard None Detected WB -2 844924 White Wailboard None Detected WB -3 JC -1 B44925 844926 White White,Beige Wallboard Joint Compound None Detected JC -2 B44927 White,Beige Joint Compound MIMMUM JC -3 B44928 White,Beige Joint Compound ACT -1 844929 White Ceiling Tile None Detected ACT -2 844930 White Ceiling Tile None Detected ACT -3 B44931 White Ceiling Tile None Detected RS -1 844932 Black Raaf Shingle None Detected RS -2 844933 Black Roof Shingle None Detected RS -3 B44934 Black Roof Shingle None Detected Page 1 of 1 Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous % VZ) -_1 ASBESTOS BULK ANALYSIS C 25% I _ By: POLARIZING LIGHT MICROSCOPY LA.©5 None Detected 844917 Client: Universal Engineering Sciences CEI Lab Code: B15-3389 3040 Business Park Drive - Suite F Date Received; 06-09-15 Norcross , GA 30071 Date Analyzed: 06-15-15 Date Reported: 06-15-15 Project: Korean Church; 1640.1500032,0000 ASBESTOS P"! Le dl u GOA ann AACTuP1r% Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous % VZ) -_1 vinyi bneet Heterogeneous 25% Ceilulose 50% Vinyl None Detected 844917 White 25% Binder Fibrous Bound VS -2 Vinyl Sheet Heterogeneous 25% Cellulose 50% Vinyl Norte Detected 844918 White 25% Binder Fibrous Bound VS -3 Vinyl Sheet Heterogeneous 25% Cellulose 50°% Vinyl None Detected 844919 White 25% Binder Fibrous Bound VS -4 Vinyl Sheet Heterogeneous 25% Cellulose 50% Vinyl None Detected 844920 White <1% Fiberglass 25% Binder Fibrous <1% Mastic sound VS -5 Vinyl Sheet Heterogeneous 250/ Cellulose 50% Vinyl None Detected 844921 White <1% Fibergiass 25% Binder Fibrous <1% Mastic Bound VS -6 Vinyl Sheet heterogeneous 25% Cel{u#ose 50% Vinyl None Detected B44922 White <1% Fiberglass 25% Binder Fibrous <1% Mastic Bound WIS-1 Wallboard Heterogeneous 10% Cellulose 5% Paint None Detected 644923 White 95% Gypsum Fibrous Bound Page 1 of 4 ASBESTOS BULK ANALYSIS Il Mmaw By: POLARIZING LIGHT MICROSCOPY E -Ala Client: Universal Engineering Sciences CEI Lab Code: B15-3389 3040 Business Park Drive - Suite F Date Received: OM9-15 Norcross, GA 30071 Date Analyzed: 06-15-15 Date Reported: 06-15-15 Project: Korean Church; 1640.1500032.0000 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab ID Description Attributes Fibrous Non -Fibrous °% WB -2 Wallboard Heterogeneous 10% Cellulose 5% Paint None Detected 344924 White 85% Gypsum Fibrous Bound WS -3 Wallboard Heterogeneous 10% CeIILIOse 5% Paint None Detected B44925 White 85°% Gypsum Fibrous Bound JC -1 Joint Compound Heterogeneous 10°% Paint B44926 White,Beige 52% Binder Fibrous 35°/a Calc Carb Sound JC -2 Joint Compound Heterogeneous 10°% Paint B44927 White,Beige 52% Binder Fibrous 35% Calc Carb Bound JC -3 Joint Compound Heterogeneous 10°% Paint 844928 White,13eige 521/a Binder Fibrous 35°% Calc Carb Bound ACT -1 Ceiling Tile Heterogeneous 55°% Cellulose 5°% Paint None Detected 644929 White 15°% Fiberglass 25°% Periite Fibrous Loosely Bound ACT -2 Ceiling Tile B44930 Heterogeneous White Fibrous Loosely Bound 55% Cellulose 5% Paint None Detected 15% Fiberglass 25% Perllte Page 2 of 4 ASBESTOS BULK ANALYSIS C C LAE3S By: POLARIZING LIGHT MICROSCOPY Client: Universal Engineering Sciences CEI Lab Code: 815-3389 3040 Business Park Drive - Suite F Date Received: 06-09-15 Norcross, GA 30071 Date Analyzed: 06-15-15 Date Reported: 06-15-15 Project: Korean Church; 1640.1500032.000D ACR1-QTf1C M"! l! CI M FIIA ann Pui=Twt%r,, ..I Client ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS Lab lD Description Attributes Fibrous Non -Fibrous % ACT -3 Ceiling Tile Heterogeneous 55% Cellulose 511/0 Paint None Detected B44931 White 15% Fiberglass 25% Perlite Fibrous Loosely Bound RS -1 Roof Shingle Heterogeneous 20% Fiberglass 45% Tar None Detected 644932 Black 35% Silicates Fibrous Hound RS -2 Roof Shingle Heterogeneous 20% Fiberglass 45% Tar None Detected B44933 Black 35% Silicates Fibrous Bound RS -3 Roof Shingle Heterogeneous 20% Fiberglass 45% Tar None Detected B44934 Black 35% Silicates Fibrous Bound Page 3 of 4 CENSF5 LEGEND: Non-Anth = Non-Asbestiform Anthophyllite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 6001 R93 1116 and EPA 6001 M4-82 / 020 LIMIT OF DETECTION: ai % by visual estimation REGULATORY LIMIT: >1 % by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOBS) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBS analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation, This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by CEI Labs, Inc, CEI Labs makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client. This report may not be used by the client to claim product endorsement by NVL.AP or any other agency of the U.S. Government, ANALYST: A-4APPROVED BY: G% -R- U 14y"NVLAP Tianbao Bal, Ph.D., CIH Laboratory Director Page 4 of 4 C E IL 107 New Edition Court, Cary, NC 27511 Tel:8f8-481-1412; Fax. 919-481-1442 CHAIN OF CUSTODY I LAS USE ONLY: CEI Lab Code: lzd CEI lab I.D. Ranee: WI9I 1v d, COMPANY CONTACT INFORMATION ❑ Accept Samples ❑ Reject Samples ReUn ulshed By: DatefTime Recelved By: Daterfirne f Com an : Universal Engineering Sciences, Inc. Client #: Address: 3040 Business Park Drive Job Contact: Jeffery Goodyear Suite F Emali.jgoodyear@universalengineering.com Norcross, GA 30071 Tel: (770) 242-6438 ct Name: Q r- L.c ti-.. Fax: ID #: 1( `(c. 15aaU3Z. ac; Cgi fPZ--C-,, P-0. #: ASBESTOS METHOD 4 HR' B HR' TURN AROUND TIME 12 HR' 1 DAY 2 DAY 3 DAY 5 DAY PLM BULK EPA 600 ❑ ❑ ❑ ❑ ❑ ❑ Y PLM POINT COUNT {400; EPA 500 ❑ ❑ ❑ ❑ ❑ ❑ ❑ PLM POINT COUNT 1000y EPA 600 ❑ ❑ ❑ ❑ ❑ PLM GRAVIMETRIC EPA 500 - _ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ PLM GRAV w POINT COUNT EPA 600 s� PCM AIR NIOSH 7400 ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR AHERA I❑ L ❑ ❑ ❑ ❑ ❑ TEM AIR EPA Level 11 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEMAIR NIOSH 7402 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM BULK CHATF[ELD ❑ ❑ ❑ ❑ ❑ ❑ TEM DUST WIPE ASTM DE480-05 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM DUST MlCROVAC ASTM D5755-03 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM QUALITATIVE CEI LABS ❑ ❑ Cl ❑ ❑ OTHER: ❑ ❑ ❑ ❑ ❑ ❑ ❑ LEAD FAINT METHOD 4 HR* B HR' 12 FIR" 24 HR 2 DAY 3 DAY 5 DAY LEAD PAINT LEAD WIPE LEAD SOIL LEACAIFZ OTHER: EPA SW846 70008 EPA 5 WE46 70008 EPA 5VV546 7000EEl NICSH7082 c<9� ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ REMARKS: ❑ Accept Samples ❑ Reject Samples ReUn ulshed By: DatefTime Recelved By: Daterfirne f Call to Cohlirm RUSH analysis, Sampleswill be disposed of 30 days after analysis CEI FORM # VERSION SAMPLING FORM E I L AkEes COMPANY CONTACT INFORMATION Com an : Universa! Engineering Sciences l Job Contact: Jeffery Goodyear r -P Pro ect Name: 0 a,-\ C k � r"G � ) Project Id #: , 1 SOdd z. o OL)f7 Tel: 770-242-6438 SAMPLE ID# DESCRIPTION f L CATION VOLUMEIAREA COMMENTS 5-- I 1i -Z 11 f n c r. -3 [ L 4I 'u -2_ r< rr $•-3 rr !r TG- r pq � rr C44 11 If V -3 [ r L 1111 oa 57.dG+ Page —L—of CEI FORM # VERS[ON June 15, 2015 Universal Engineering Sciences 3040 Business Park Drive - Suite F Norcross, GA 30071 CLIENT PROJECT: Residence; 1640.1500032.0000 CEI LAB CODE: B15-3393 Dear Customer: Enclosed are asbestos analysis results for PLM Bulk samples received at our laboratory on June 9, 2015. The samples were analyzed for asbestos using polarizing light microscopy (PLM) per the EPA 600 Method. Sample results containing >1% asbestos are considered asbestos -containing materials (ACMs) per EPA regulatory requirements. The detection limit for the EPA 600 Method is <1 asbestos by weight as determined by visual estimation. Thank you for your business and we look forward to continuing good relations. If you have any questions, please feel free to call our office at 919-481-1413. Kind Regards, Tianbao Bai, Ph -D., CIH Laboratory Director 14Y4NVLAP1 107 New Edition Court • Cary, NC 27511 - 919.481.1413 _ CEIL-Alas ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Prepared for Universal Engineering Sciences CLIENT PROJECT: Residence; 1640.1500032.0000 CEI LAB CODE: B15-3393 TEST METHOD: EPA 6001 R931116 and EPA 600 1 M4-821020 REPORT DATE: 06115/15 TOTAL SAMPLES ANALYZED: 12 # SAMPLES >1% ASBESTOS: TEL: 866-481-1412 www.ceilabs.com Asbestos Report Summary EILJ,k[B5 By: POLARIZING LIGHT MICROSCOPY PROJECT: Residence; 1640.1500032.0000 CEI LAB CODE: BIS -3393 METHOD: EPA 6001 R93 1 116 and EPA 6001 M4-82 1 020 ASBESTOS Client IR Layer Lab 1D Calor Sample Description % WB -1 844941 White Wallboard None Detected WS -2 B44942 White Wallboard None Detected W13-3 B44943 White Wallboard None Detected JC -1 B44944 White Joint Compound None Detected JC -2 B44945 White Joint Compound None Detected JC -3 844946 White Joint Compound (None Detected RS -1 B44947 Black Roof Shingle None Detected RS -2 B44948 Black Roof Shingle None Detected RS -3 B44949 Black Roof Shing le None Detected VS -1 944950 Beige Vinyl Sheeting None Detected VS -2 844951 Beige Vinyl Sheeting None Detected VS -3 B44952 Beige Vinyl Sheeting None Detected Page 1 of 1 ASBESTOS BULK ANALYSIS _ By: POLARIZING LIGHT MICROSCOPY (:EILASSS Client: Universal Engineering Sciences CEI Lab Cade: B15-3393 3040 Business Park Drive - Suite F Date Received: 06-09-15 Norcross, GA 30071 Date Analyzed: 06-15-15 Date Reported: 06-15-15 Project: Residence; 1640.1500032.0000 ,SBF-STO5 BULK PLM, EPA 600 METHOD :Ifent ID Lab Lab NON -ASBESTOS COMPONENTS ASBESTOS .ab ID Description Attributes Fibrous Non -Fibrous % WI3-1 Wallboard Heterogeneous 101% Cellulose 5% Paint None Detected B44941 White 85% Gypsum Fibrous Bound W13-2 Wa#Iboard Heterogeneous 10% Cellulose 5% Paint None Detected B44942 White B5% Gypsum Fibrous Bound WB -3 Wallboard Heterogeneous 10% Cellulose 5% Paint None Detected B44943 White 85% Gypsum Fibrous Bound JC -1 Joint Compound Heterogeneous 5% Paint None Detected 844944 White 55% Binder Non-fibrous 40% Calc Carl? Bound JC -2 Joint Compound Heterogeneous 5% r 1 Paint None Detected B44945 White 55% Binder Non-fibrous 40% Calc Carb Bound JC -3 Joint Compound Heterogeneous 5% Paint None Detected 844946 White 55% Binder Non-fibrous 40% Calc Carb Bound RS -1 Roof Shingle Heterogeneous 20% Fiberglass 45% Tar None Detected 844947 Black 35% Silicates Fibrous Bound Page 1 of 3 ASBESTOS BULK ANALYSIS E By: POLARIZING LIGHT MICROSCOPY AC35 Client: Universal Engineering Sciences CEI Lab Code: B15-3393 3040 Business Park Drive - Suite F Date Received: 06-09-15 Norcross , GA 30071 Date Analyzed: 06-15-15 Date Reported: 06-15-15 Project: Residence; 164:0.1500032.0000 ASBESTOS BULK PLM, EPA 600 METHOD Client ID Lab Lab NON -ASBESTOS COMPONENTS 95% Lab IO Description Attributes Fibrous Non -Fibrous ASBESTOS % RS -2 Roof Shingle Heterogeneous 20% Fiberglass 45% Tar None Detected 844948 Black Bound 35% Silicates VS -2 Fibrous Heterogeneous 5% Fiberglass 95% Vinyl None Detected 844951 Bound Beige RS -3 Roof Shingle Heterogeneous 20% Fiberglass 45% Tar None Detected 844949 Black Bound 35% Silicates VS -3 Fibrous Heterogeneous 5% Fiberglass 95% Vinyl None Detected B44952 Bound Beige V5_1 Viryl Sheeting Heterogeneous 5% Fiberglass 95% Vinyl None Detected B44950 Beige Fibrous Bound VS -2 Vinyl Sheeting Heterogeneous 5% Fiberglass 95% Vinyl None Detected 844951 Beige Fibrous Bound VS -3 Vinyl Sheeting Heterogeneous 5% Fiberglass 95% Vinyl None Detected B44952 Beige Fibrous Bound Page 2 of 3 CEILAS!5 LEGEND: Non-Anth = Non-Asbestiform Anthophyllite Non-Trem = Non-Asbestiform Tremolite Calc Carb = Calcium Carbonate METHOD: EPA 600 / R93 1116 and EPA 600 I M4-82 1020 LIMIT OF DETECTION: <1 % by visual estimation REGULATORY LIMIT: X11% by weight Due to the limitations of the EPA 600 method, nonfriable organically bound materials (NOBs) such as vinyl floor tiles can be difficult to analyze via polarized light microscopy (PLM). EPA recommends that all NOBS analyzed by PLM, and found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestos is not covered under NVLAP accreditation. This report relates only to the samples tested or analyzed and may not be reproduced, except in full, without written approval by CEI Labs, Inc. CEI Labs makes no warranty representation regarding the accuracy of client submitted information in preparing and presenting analytical results. Interpretation of the analytical results is the sole responsibility of the client. This report may not be used by the client to claim product endorsement by NVLAP or any other agency of the U.S. Government. ANALYST: APPROVED BY: G eg u Tianbao Bai, Ph.D., CIH Laboratory Director my"NVLAP Page 3 of 3 107 New Edition Court, Cary, NO 27511 Tel: 866-481-1412; Fax: 9'9-481-1442 CHAIN OF CUSTODY LAB USB CNLY: CEI Lab Code: CEI Lab I.D. Ranna: 1A1 uwx) 1 /_i b 7w71 WIVIVANT (;UNIACT INFORMATION Company_; Universal Engineering Sciences, Inc. Client #: Address: 3040 Business Park Drive Job Contact Jeffery Goodyear Suite F Email:jgoodyear@universalenginecring.com Norcross, GA 30071 Tel (77 0) 242-6433 Pro ect Name: &e sfG Fax. Pro ect ID #: 161/6. 15c+w3Z, 6-� P.O. #: TURN AROUND TIME ASBESTOS METHOD 4 HR' SHR' 12 HR` 1 DAY 2 DAY 3 DAY 5 DAY PLM BULK EPA 600 ❑ ❑ ❑ ❑ ❑ ❑ Eir PLM POINT COUNT (400► EPA 600 ❑ ❑ ❑ ❑ ❑ ❑ ❑ PLM PC3NT COUNT {1 000) EPA 600 ❑ ❑ ❑ ❑ ❑ ❑ ❑ PLM GRAVIMETRIC EPA 600 !, _ .�; ❑ ❑ ❑ ❑ ❑ ❑ PLM GRAV -a POINT COUNT EPA 600 '-. ❑ ❑ El❑ ❑ ❑ PCM AIR NIOSH 7400 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM AER AHERA �I ❑ ❑ ❑ ❑ ❑ ❑ TEM AIR EPA Leel II ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM AiR NIOSH 7402 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM BULK CHATFIELD ❑ ❑ ❑ ❑ ❑ ❑ TEM nUSTWIPE ASTM DS480-05 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM DUST MICROVAC ASTM D5755-03 ❑ ❑ ❑ ❑ ❑ ❑ ❑ TEM QUALITATIVE CEI LABS Ei ❑ L71 ❑ OTHER: ❑ ❑ ❑ ❑ ❑ ❑ ❑ LEAD PAINT METHOD 4 HR" S HR' 12 HR' 24 HR 2 DAY 3 DAY 5 DAY LEAD PAINT EPA SW846 7Cfl06 ' a r- ❑ ❑ ❑ LEAD bVIP= EPA SW846 70008 LEAD SOIL EPA SW846 70008 LEAD AIR NIOSH 7082 ❑ ❑ ❑ OTHER:ED 'w 71❑ REMARKS: [tA' Accept Samples [71 Reject Samples In ulshed 8 : DatelTime Received BX: DatelTlms kr �-aii to yyIrn RUSH anatysis. Samples will be disposed of 30 days after analysis CEi FORM # VERSION Cdk� C I L/-koS COMPANY CONTACT INFORMATION Cam any: Universal Engineering Sciences 10 #: r � � SAMPLING FORM Job Contact: JefFe 770-242-6438 SAMPLE ID# DESCRIPTION ! LOCATION VOLUMF/AREA COMMENTS W —f 0. f ! f It [I i1 tr r1 ITC -3 It II F45-3 1c r rI Q. Page ----Lf CEI FORM # VERSION APPENDIX 3 U The Environmental Institute err Gooduear Social purity Number - XXX -XX -3N44' U.E.S. - 3544 Strathmore drive - Duluth, Georgia 30096 Has completed coursework and satisfactorily passed an examination that meets at/ criteria required for EPA/AHERA/ASHARA (TSCA Title 11) Approved Reaccreditation Asbestos in Buildings: Inspector Refresher July 15 2014 Course Date July 15, _2014_,_._ Examination Date July 14, 2015 Expiration Date 14466 Certificate Number (Approved by the ABIH Certification Maintenance Committee for 1/2 CM point - Approval 411-577) (Florida Provider Registration Number FL49-0001342 - Course #FL49-0002885) TEI -1841 West Oak Parkway, Suite F - Marietta, Georgia 30062 - (770) 427-3604 - www.tel-ati.com EXHIBIT "B" BID FROM CONTRACTOR SECTION 1: SCOPE OF PROJECT Bid Farm Demolition of Structures at 12608 Crabapple Road and Shell Gas Station Sign at 12690 Crabapple Road General Description of Project SCOPe: The City of Milton is soliciting quotes from qualified vendors to provide the following; Asbestos Abatement, Pre -demolition rodent eradication and letter; Demolition and removal of all structures septic tanks, gas tanks, and foundations at 12608 Crabapple Road, and the Shell Gas Station Sign at 12690 Crabapple Road Milton, Georgia 30004; Disposal of all trash and debris; Grade and install erosion control measures (silt fence, straw and seed disturbed areas on site). 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 proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the city_ THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER W1L BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The base bid may not be withdrawn or modified, except at the request of the city, for a period of sixty (60) days following receipt of the bids_ BEd due June 51h 2015 Sid due June 5t", 2015 $ 16,375.00 (Dollar Amount in Numbers) Sixteen Thousand Three Hundred Seventy Five Dollars and 001100 (Company Name} Clayton Joseph Construction Services, LLC (Signature: (Printed N-eGirn s y $ 24,000.00 (OollaI UU"t in Numbers) - Twenty Four Thousand Dollars and 001100 (Company Name) -- - Clayton Joseph Construction Service, LLC (Signature) (Printed NC Den is irn s i (Dollar Amount in Numbers} - --- I (Company Name) (Signature) (Printed Name) 2 1.0 Genera! Conditions a) Construction activity within 1000 feet on an occupied residence will be allowed Mon. -Fri. between the hours of 7:30 AM and 7:30 PM and Sat. between S:30 AM and 5:00 PM. Construction activity more than 1000 feet from an occupied residence will be allowed Mon. - Fri. between the hours of 7:00 AM and 10:D4 PM and Sat. between the hours of 8:30 AM and 6:00 PM. b) Contractor must notify the City of Milton (678) 242-2500, twenty-four (24) hours prior to beginning construction. c) Burial of construction materials is not permitted within the City of Milton. All construction materials and debris within the work area shall be properly disposed of by the contractor_ d) The contractor is responsible for any damaged property which occurs as a result of this project. The contractor shall replace any damaged property at his own expense. e) Unless otherwise stated, the City shall provide all necessary permits and easements associated with this project prior to issuance of the Notice to Proceed. f) The city reserves the right to remove any materials from the project site prior to demolition activities. 1.0 Materials, Equipment and Employees a) The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, fuel, sanitary facilities and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied there from, all in accordance with the contract documents. b) No changes shall be made in the Work except upon written approval and chance order of the city. c) If at any time during the construction and completion of the work covered by these contract documents, the conduct of any workman of the various crafts be adjudged a nuisance to the Owner or if any workman be considered detrimental to the work, the Contractor shall order such parties removed immediately from the site. d) The contractor shall designate a foreman/superintendent who shall direct the work 2.0 Asbestos Abatement a) The contractor shall remove and dispose of all asbestos material. All waste material shall be transported to an approved EPA Certified Class I Landfill permitted to accept asbestos. The contractor shall also be responsible for preparing and submitting all necessary documents to the Georgia Environmental Protection Division for the 10 day demolition notice. 3.0 Rodent Eradication a) Pre -demolition, the selected contractor shall diligently eradicate all rodents and vermin before demolition and provide a rodent letter from a certified exterminator. 4.0 Demolition and Debris Removal a) Two structures remain on the property, a single story frame house and associated remains of a cinder block storage building. There are two marked trees one of which is laying on the structure that will need to be removed. The selected contractor shall be responsible for demolishing the structures and foundations and removal of all trash and debris from the project area in accordance with local, state and federal regufations. 5.0 Erosion and Sediment Control a) The contractor will provide suitable erosion and sediment control measures so as to prevent sediment from leaving the site. Maintenance of erosion and sediment control measures is required at all times_ The contractor shall have certified erosion and sediment control personnel on site at all times. All NPDES, GSWCC and City of Milton guidelines should be followed. b) All erosion and sediment control work shall be performed in accordance with the standards provided in the Georgia Manual for Erosion and Sediment Control in Georgia, latest edition. c) Provide a single row of Type C silt fence along the down slope side of all disturbed areas. All barriers shall be in place prior to any land disturbing activities. d) Silt fences and hay bale barriers shall be cleaned or replaced and maintained in functional condition until permanent erosion control measures are established. All silt fences and other temporary measures will be removed by the contractor/developer when the site is stable_ e) Silt fence fabric shall be comprised of Ga. Department of Transportation qualified products Section 171, type "A", for silt fence fabric f) Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case shall a site be left bare for more than fourteen (14) days. g) No clearing beyond the limits of disturbance shown on the approved plans shall be allowed without approvak, h) Provide a minimum of/2 inch of mulching, temporary and permanent seeding of all other disturbed areas. 6.0 Utilities a) The contractor shall be required to coordinate and manage any and all utility locates and/or disconnections within the scope of this project prior to any demolition activities. 7.0 Performance a) All work performed shall be in accordance City of Milton Construction Standards. The contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations. The Contractor will conform to MUTCD and the State of Georgia Department of Transportation standards for traffic control. The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works (MDPW). 8.0 Safety Requirements a) The Contractor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He shall be responsible for any damage to the Owner's property or that of others on the job, by himself, his personnel or his subcontractors, and shall make good such damages. He shall be responsible for and pay for any claims against the Owner arising from such damages. b) The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. 9.0 Codes, Permits and Inspections a) The Contractor shall obtain the required permits, if required, give all notices, and comply with all lacus, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the City in writing. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the City, he shall bear all cosi arising there from. b) The contractor shall obtain a building demolition permit from the city and provide all required documentation to obtain the permit but will not be charged the permit fee and shall not include that fee in the base bid. c) The contractor is responsible for obtaining all required inspections_ 10.0 Clean Up a) The Contractor shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do so by the City. Before final inspection and acceptance of the project, the Contractor shall thoroughly clean the site, and completely prepare the project and site for use by the City. 11.0 Schedule a) Project shall start within 10 Calendar of date of award and be completed in satisfactory manner, as deemed by MDPVV, within 30 calendar days from date of award. 4 12.0 Detail/Drawings (See Attached) Property Management Plan GQOT road project {! new right of way 30 7� J rees to be removed by GDOT road project Proposed sift fence on downhill side of building 'roposed sift fence on_ o be demolished ` ree Save Area q lownhill side of building o be demolished {Fuel tank to be removed -+ " ♦fir ♦~�� .,+ F v �J /� "GYM OAK—w. �j.�f71 40 / 1 "` ♦, ``'. /aQAK-27-' House #Z W. i `� �♦+ /'�. � ,' ree Save Area 32 - Demolition Easement -`_ - "= o aux—as,MPP !/; ✓ r ' ` �' ' �'�. 0 OAK -% House #1 :� f r / ; /: i ��`.♦ " RJ, GDOT road project , construction easement AL ZI ■ --..----4r -----� _--top "S -_ ,1 EXHIBIT "A" 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 authorisation 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: NIA eVei4 Number mteauthor -ation - Clayton Joseph Construction Services, LLC Name of Contractor 12608 Crabapple Rd. Structures Demolition Name of Project City of Milton Name of Public Employer I hereby declare under penally of perjury that the foregoing is true and correct_ Executed on July 6 201 5 inWoodsto k, > GA (state). , > Si natueof uthorized O r or Agent Dennis Gimys _ Printed Name and "title of Authorized Officer or Agent SUBSCRIBLD AND SWORN BEFORE ME ON TIIIS TIIE 6th DAY OF July,.. !/ 17 r c*_2017*� PLE B,�t�``` [NOTARY SEAL] Jeanne Burke French My Commission Expires: Shpt. 17, 2017 EXHIBIT "B" BID FROM CONTRACTOR EXHIBIT "C" LRESERVEDI 24 EXHIBIT "D" RESERVED 25 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. § U -10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number 9th of July, 2015 Date of Authorization Cla on Joseph Construction Services LLC. Name of Contractor Crabb le House Demolition Name of Project City of Milton Name of Public Employer 28 I hereby declare under penalty of perjury that the foregoing is true and correct, in Woodstock Executed on 9 '2015 � ty�Ga te). — Sfgnatur of Autho 'z Officer or Agent Dennis Girnys. Panted Name and Title of Authorized Officer or Agent SUBSCRIBEDND SWORN BEFORE ME ON THIS THE _� DAY OF 201,5 TARY PUBLIC [NOTARY SEAL] My Commission Expires: � glfRl(E �i . •......•• •NSSsIO�y� l :AC'S 'F81�G nay :90 • BER ''`/11 ` i 4 i t { 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 Clayton Joseph Construction Services, LLC.. 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.O_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: 228857 eVerify Number 719/15 Date of Authorization Stone Enterprises Name of Subcontractor Crabapple House Demolition Name of Project City of Milton I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 9 SJL 1 5 in Woo+ k G a Signature ofAYhorized O tc r or Agent Dennis Girnys Printed Name and "title of Authorized Officer or Agent Name of Public Employer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 11'� DAY OF ,201 O Y PUBLIC ,,t1f11111f/��� ........• :c4F�i� [NOTARY SEAL] OTA Z'•`��q '�(113L1G Z MY Commission Expires: / 2a lrJ 9 �.r �• ��i3O�••�,413ER 1 z•�OQ: ,���` iO; N«,```�� EXHIBIT "G" [RESERVED] 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 Clayton Joseph Construction Services, LLC or any of its subcontractors in connection with the construction of the Demolition of all structures at 12608 Crabapple Road 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 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 HOME OF ' L­rON'tt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 10, 2015 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement with Cheryl A. Hilvert, Consultant, for Facilitation of the Strategic Planning Retreat. MEETING DATE: Monday, July 20, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES O NO CITY ATTORNEY REVIEW REQUIRED: { YES (} NO APPROVAL BY CITY ATTORNEY YAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS ®=' your PHONE: 678.242,25001 FAX: 678.242.2499® � Green-- v Cmifi�* info@cftyofmiltonga.us I www.cityofmlltonga.us VVILDLIF, Community i hs�sI�rt 13000 Deerfield Porkwoy, Suite 107 1 Miltor CA 30004 'a`` To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on July 8, 2015 for the July 20, 2015 Regular Meeting Agenda Item: Approval of a Professional Services Agreement with Cheryl A. Hilvert, Consultant, for Facilitation of the Strategic Planning Retreat ____________________________________________________________________________ Department Recommendation: Approve. Executive Summary: The Council/Staff Strategic Planning Retreat is scheduled for August 13, 14 and 17. Cheryl Hilvert, consultant, is a well-respected and experienced facilitator. She will assist Milton staff in the various components of a Strategic Planning Program, including solicitation of public input, data collection, preparation of materials for the Strategic Planning Retreat, completion of a draft report, community presentation/outreach on the draft report and final report preparation and presentation to the Milton Council. Funding and Fiscal Impact: The cost for the Facilitation of the Strategic Planning Retreat is not to exceed $9,000. The funding is budgeted. Alternatives: Do not approve. Legal Review: Ken Jarrard – July, 2015 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Contract Letter of Agreement Page 1 of 6 PROFESSIONAL SERVICES AGREEMENT This Agreement made and entered into this 21st day of July, in the year 2015, by and between The City of Milton, Georgia (sometimes referred to herein as the “City”), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Cheryl A. Hilvert (“Consultant”) having its principle place of business at 8750 Wellerstation Drive, Montgomery, Ohio 45249. WHEREAS, the City of Milton will require certain professional planning services; and WHEREAS, the City’s Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation The Consultant agrees to provide all Services specified in Exhibit “A,” attached hereto and incorporated herein by reference, for the compensation described therein and below. No payments will be made for unauthorized work. Invoices should be submitted to Assistant City Manager, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand-delivered. 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 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 a fee of $9,000 (which includes all related travel expenses of Consultant) (the “Contract Price”) without prior written approval from the City. 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. Page 2 of 6 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant’s expense, all permits, license or approvals that may be necessary for the performance of the services. The Consultant shall maintain her own health, automobile, and other insurance coverages. 2.2 Inasmuch as the City of Milton and the Consultant are entities 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 Consultant agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Consultant 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 Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant 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. 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, 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 Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub-consultant may be liable, regardless of whether or not the offending 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 Consultant, any sub-consultant, anyone directly or indirectly employed by the Consultant or sub-consultant or anyone for whose acts the Consultant or sub- consultant 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 Consultant or any sub-consultant 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. 4.0 Term; Termination Page 3 of 6 The term of this Agreement shall begin on July 21, 2015 and shall terminate absolutely and without further obligation on the part of the City upon Consultant’s completion of the services described herein, but no later than December 31, 2015 provided that this Agreement, absent written notice of non-renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2015, shall automatically renew on January 1, 2016 to December 31, 2016. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant’s subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 5.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 6.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton’s prior written consent. 7.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 8.0 Expertise of Consultant Consultant 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 Consultant under this Agreement. 9.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 10.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 11.0 Entire Agreement Page 4 of 6 This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 12.0 Waiver of Agreement The City’s failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 13.0 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. 14.0 Notices All other notices, writings or correspondence as required by this Agreement 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, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Cheryl A. Hilvert 8750 Wellerstation Dr. Montgomery, OH 45249 15.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant 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 Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’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 Page 5 of 6 asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 16.0 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 18.0 in every subcontract for services contemplated under this Agreement. 17.0 E-Verify Consultant acknowledges that she has no employees and will utilize the services of no subcontractors for the Work and thus is not subject to the requirements of O.C.G.A. § 13-10-91. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. Cheryl A. Hilvert Signature: __________________________________ Printed Name: _______________________________ SIGNED, SEALED, AND DELIVERED in the presence of: ___________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ CITY OF MILTON: By: _____________________________ Page 6 of 6 Its: _____________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ Cheryl A. Hilvert 8750 Wellerstation Drive Montgomery, Ohio 45249 513-442-9233 July 2, 2015 Mr. Chris Lagerbloom City of Milton 13000 Deerfield Parkway Suite 107 Milton, Georgia 30004 Re: City of Milton, GA Strategic Planning Program Dear Chris: Thank you for your interest in a facilitated strategic planning program for the City of Milton, GA. This letter of agreement outlines the scope of services for this program which includes preparation for, and facilitation of, a City Council/staff retreat on August 13-14 and August 17, 2015 and associated planning services for the City’s strategic planning program. Strategic Planning Process and Retreat The scope of services for the Strategic Planning Program shall be in accordance with the work included in Attachment “A,” which includes facilitation of the Strategic Planning Retreat as well as consultation and planning assistance to Milton city staff in the various components of a Strategic Planning Program, including solicitation of public input, data collection, preparation of materials for the Strategic Planning Retreat, completion of draft report, community presentation/outreach on draft report, and final report preparation for presentation to City Council. City of Milton, Georgia Hosting Responsibilities The City of Milton agrees to provide an appropriate room(s) for the retreat, supplies and any audiovisual equipment it may wish to use during the session. Additional supplies can include but are not limited to:  Flipcharts with markers  3” x 5” index cards for participant brainstorming  Pens/markers for participants  Other materials as needed The City also agrees to provide copies of prepared workshop materials (environmental scan, citizen input, National Citizen Survey summaries, etc.) for all participants. The City further agrees to make reservations and pay for lodging for the duration of Cheryl Hilvert’s stay for the Strategic Planning Retreat for the period of August 12-18, 2015. Facilitator Cheryl Hilvert agrees to facilitate the Strategic Planning Retreat and assist staff as needed in the related preparation and summary work associated with the Strategic Planning process. Strategic Planning Retreat Facilitation and Associated Services Fees The facilitation fee for the 3-day Strategic Planning Retreat is $4950, including facilitator preparation and delivery of facilitation services. This fee shall also include any work with city staff that may be necessary between retreat sessions during the weekend of August 15-16 to prepare for the joint session between city council and staff on Monday, August 17. Additionally, Cheryl Hilvert will be available for consultation and planning assistance to the City of Milton staff in the preparation of workshop materials (environmental scan, citizen input, National Citizen Survey summaries) as well as in the preparation of summary draft and final documents/presentations at an hourly rate of $95.00 per hour. These fees shall be payable at the conclusion of the strategic planning process and made payable to Cheryl Hilvert; 8750 Wellerstation Drive; Montgomery, Ohio 45249. The City further agrees to reimburse Cheryl Hilvert for costs associated with air travel to/from Atlanta, Georgia and for a rental car during the duration of her stay in Milton for the Strategic Planning Retreat, which is currently estimated to be August 12-18, 2015. Travel expenses shall be reimbursed upon presentation of receipts by Cheryl Hilvert to the City. Cancellation/Rescheduling Fee If, following approval of this letter of agreement, the City of Milton cancels or reschedules the Strategic Planning Retreat, it shall, upon receipt of billing and cost documentation, reimburse Cheryl Hilvert for such nonrefundable airline and other travel costs directly related to the retreat as he/she may have incurred. Additionally, any hourly rate fees associated with staff consultation/retreat preparation incurred and not previously paid will be due from the City upon receipt of an invoice from Cheryl Hilvert. Chris, I look forward to the opportunity to work with you and your City Council and staff on this important strategic planning program for the City of Milton, Georgia and sincerely appreciate this opportunity to work with you. Should you have any questions or concerns regarding this agreement, please do not hesitate to contact me at 513-442-9233 or at chilvert@zoomtown.com. Sincerely, Cheryl A. Hilvert For City of Milton, Georgia ___________________________________________________ Chris Lagerbloom, City Manager Date:_____________________________________________ For Cheryl A. Hilvert _____________________________________________________ Cheryl A. Hilvert Date: _______________________________________________ HOME OF' T ; -; I,Ty kLION ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 16, 2015 FROM: City Manager AGENDA ITEM: Approval of Lease Agreement with MailFinance, Inc. for Mailing Equipment MEETING DATE: Monday, July 20, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (I�IAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES O NO CITY ATTORNEY REVIEW REQUIRED. (-KES O NO APPROVAL BY CITY ATTORNEY �PPROVED () NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR: REMARKS -7`zot,s ® . You( PHONE: 678.242.25001 FAX: 678.242.2499 G1'e�n`fop T9U �,�.��,Communityc qty. infoC�cityofmiltonga.us I www.cityofmiitongc�.us „ 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'g` To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on July 16, 2015 for the July 20, 2015 Regular Council Meeting Agenda Item: Approval of Lease Agreement with MailFinance, Inc. for Mailing Equipment Department Recommendation: Approve the agreement as presented. Executive Summary: The current lease agreements with MailFinance, Inc. for a postage machine and a folder/inserter machine expired on June 30, 2015. The lease agreement being considered is for a term of 36 months and will result in upgraded equipment. It is based on state contract pricing. Funding and Fiscal Impact: Funding is budgeted and is less than the previous lease amounts. It will be $302.35 per month. Alternatives: Reject the agreement and request bids from other companies. Legal Review: Paul Higbee– Jarrard & Davis (7/15/15) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Statewide Contract No. SWC 90791, Mailing Equipment/Lease Agreement with MailFinance, Inc. STATE OF GEORGIA STATEWIDE CONTRACT NO. SWC 90791 MAILING EQUIPMENT STANDARD LEASE AGREEMENT Statewide Contract #: SWC 90791 Solicitation #: N/A Solicitation Title: Statewide Procurement of Mailing Equipment Contractor’s Full Legal Name: MailFinance, Inc. (Lessor) State Entity Name: City of Milton State Entity Billing Address: 13000 Deerfield Pkwy Milton, GA 30004 WHEREAS, the Georgia Department of Administrative Services (“DOAS”) on behalf of the State of Georgia (the “State”) established the above referenced Statewide Contract by and between DOAS and Contractor; WHEREAS, DOAS and Contractor amended the Statewide Contract to provide that all new leases entered into on or after the effective date of the amendment shall be on the Standard Lease Agreement agreed to by DOAS and Contractor; WHEREAS, the City of Milton (“State Entity”) desires to make use of the Statewide Contract and this Lease Agreement as a basis for leasing certain mailing equipment; WHEREAS, the State Entity desires to lease equipment from Contractor in accordance with the terms of the Statewide Contract and this Standard Lease Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. EQUIPMENT AND SERVICES. Pursuant to the terms and conditions of the Statewide Contract, Contractor agrees to lease to State Entity the Equipment identified in the Equipment Schedule attached hereto as Attachment 1 and incorporated herein by reference (collectively and individually, the “Equipment”). The Equipment Schedule may be amended to include any additional Equipment added hereto by written agreement of both parties. In addition, Contractor agrees to provide to the State Entity the installation and maintenance and other services described in the statewide contract. 2. ORDER OF PRECEDENCE. The contractual relationship between Contractor and the State Entity shall be governed by the following order of precedence: (i) the provisions of the Statewide Contract and (ii) the provisions of this Standard Lease Agreement, including all exhibits attached hereto and incorporated into this Standard Lease Agreement. 2 3. TERM AND RENEWAL. The initial term of this Standard Lease Agreement shall begin on the Effective Date and end on September 30 of the then-current fiscal year (October 1 – September 30). Thereafter, the Standard Lease Agreement may be renewed at the sole discretion of the State Entity on a year-to-year basis (one year at a time) for the period of time identified in Attachment 1. State Entity may, at its sole option, renew as to all of the Equipment and Services to be provided hereunder or as to only selected Equipment and Services. The terms and conditions of this Standard Lease Agreement shall apply during any and all renewals. 4. SHIPPING, DELIVERY AND RETURN. Contractor shall pay for packing, crating, and shipping of the Equipment to and from the State Entity and shall install the Equipment at the State Entity’s premises at no cost to the State Entity. Shipment/Delivery shall be FOB: Destination. Unless title to the Equipment is transferred to the State Entity as provided below, Equipment will be returned in the same mode of shipment unless otherwise mutually agreed upon. Equipment will be returned in the same condition as received, normal wear and tear excepted. 5. PAYMENT AND ACCEPTANCE. State Entity agrees to pay Contractor in arrears for all undisputed amounts within thirty (30) days of receipt of an undisputed invoice, provided that the Equipment and Services have been accepted by the State Entity as hereinafter provided. Contractor shall not invoice State Entity in advance of Contractor’s deliverance/performance of the items and/or services that are the subject of the invoice. Contractor shall deliver the Equipment and/or perform any Services in accordance with the schedule set forth in the Statewide Contract or the time specified in Attachment 1 (whichever is later). Unless otherwise agreed to by Contractor and the State Entity, Contractor shall provide written notification of completion of the delivery, or other performance of Services, to the State Entity (“Delivery Notice”). State Entity shall have thirty (30) days from the date of receipt of the Delivery Notice to provide Contractor with written notification of acceptance or rejection due to unsatisfactory performance (“Acceptance Period”), and in the event of acceptance by the State Entity, the obligation to pay shall be effective on the first (1st) day of the Acceptance Period. The failure of the State Entity to issue an acceptance or rejection notice on or before the end of the Acceptance Period shall be deemed an acceptance of the Equipment or Services. In the event State Entity issues a rejection notice, Supplier shall, as quickly as is practicable, correct at its expense all deficiencies caused by Contractor. State Entity shall not unreasonably withhold or delay such acceptance or rejection. 6. TERMINATION. Termination of this Standard Lease Agreement shall be governed by the following provisions: a. Each party has the right to terminate this Standard Lease Agreement if the other party breaches or is in default of any material obligation hereunder which default is incapable of cure, or which, being capable of cure, has not been cured within thirty (30) days after receipt of notice of such default (or such additional cure period as the non-defaulting party may authorize). b. Provided that Contractor is in default of this Standard Lease Agreement, State Entity may terminate this Standard Lease Agreement, in whole or in part, by written notice to Contractor if Contractor becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets, or becomes subject to any proceeding under any bankruptcy or insolvency law, whether domestic or foreign, or has wound up or liquidated, voluntarily or otherwise. 3 c. State Entity may terminate this Standard Lease Agreement, in whole or in part, immediately, without notice, if: (i) State Entity deems that such termination is necessary to prevent or protect against fraud or otherwise protect State Entity’s personnel, facilities or services; or (ii) Contractor is debarred or suspended from performing services on any public contract(s). d. Upon the termination or expiration of this Standard Lease Agreement, Contractor shall promptly return to State Entity all papers, materials and other property of State Entity then in its possession, including but not limited to all work in progress as is appropriate in its then-existing form (in object code and source code to the extent such work is composed of software, and in machine- readable and printed formats to the extent such work is composed of documentation). e. If State Entity terminates this Standard Lease Agreement for convenience prior to the expiration of the current fiscal year term, or if Contractor terminates this Standard Lease Agreement as set forth in subsection (a) above, then State Entity will be responsible for the payment of all amounts remaining in the unexpired portion of the current term, plus any unpaid invoices unless those invoices are in dispute. 7. FUNDING. The parties acknowledge that institutions of the State of Georgia are prohibited from pledging the credit of the State. If the source of payment for the charges payable hereunder no longer exists or is determined to be insufficient, this Standard Lease Agreement shall terminate without further obligation of the State Entity as of that moment. The determination of the State Entity as to the occurrence of the events stated herein shall be conclusive; State Entity represents, however, that it will use reasonable care that the termination of this Standard Lease Agreement will not be frivolous, but rather will result from a reduction of funding. 8. TAXES. All fees payable to Contractor hereunder shall be net of any and all taxes that the Contractor may be required by law to collect in connection with the provision of the Services hereunder. Contractor shall be solely responsible for the payment of any and all taxes lawfully imposed upon it, including but not limited to taxes on property owned, leased or used by Contractor; franchise or privilege taxes on Contractor’s business; gross receipts taxes to which Contractor is subject; and income taxes. By this paragraph, neither DOAS nor the State Entity makes any representation whatsoever as to the liability or exemption from liability of Contractor to any tax imposed by any governmental entity. Upon request, State Entity will provide a certificate of tax exemptions which apply to this Standard Lease Agreement. 9. ASSIGNMENT. Contractor shall not assign or subcontract the whole or any part of this Standard Lease Agreement. 10. WAIVER AND SEVERABILITY. The waiver by State Entity of any breach of any provision contained in this Standard Lease Agreement shall not be deemed to be a waiver of such provision on any subsequent breach of the same or any other provision contained in this Standard Lease Agreement. Any such waiver must be in writing in order to be effective, and no such waiver or waivers shall serve to establish a course of performance between the parties contradictory to the terms hereof. All provisions of this Standard Lease Agreement are severable, and the unenforceability or invalidity of any of the provisions will not affect the validity or enforceability of the remaining provisions. The remaining provisions will be construed in such a manner as to carry out the full intention of the parties. Section titles or references used in this Standard Lease Agreement have no substantive meaning or content and are not a part of this Standard Lease Agreement. 4 11. APPLICABLE LAW AND VENUE. This Standard Lease Agreement shall be governed by and interpreted in accordance with the laws of the State of Georgia, U.S.A., without regard to its conflict of laws principles. Any lawsuit or other action based on a claim arising from this Agreement shall be brought in a court or other forum of competent jurisdiction within Fulton County, Georgia. 12. NOTICES. All notices, requests, or other communications excluding invoices hereunder shall be in writing and either transmitted via overnight courier, electronic mail, hand delivery or certified or registered mail, postage prepaid and return receipt requested to the parties at the following addresses. Notices will be deemed to have been given when received. STATE ENTITY CONTRACTOR Name: City of Milton (Stacey Inglis) MailFinance, Inc. Title: Assistant City Manager Title: Lessor Address: 13000 Deerfield Pkwy, Suite 107F Milton, GA 30004 Address: 478 Wheelers Farm Road Milford, CT 06461 Email Address: stacey.inglis@cityofmiltonga.us Email Address: government@neopost.com 13. TIME IS OF THE ESSENCE. Time is of the essence with regard to performance of any services under this Standard Lease Agreement, unless the parties agree otherwise in writing. 14. TITLE AND RISK OF LOSS. Any leased Equipment is and shall at all times remain the sole property of the Contractor, and the State Entity shall have or acquire no right, title or interest therein. All risk of loss or damage to the Equipment, including risk of transit, shall remain with the Contractor until it is accepted by State Entity in accordance with Section 5 above. Insurance during shipment and until the Equipment is accepted by State Entity is the responsibility of the Contractor. 15. ENTIRE AGREEMENT. This Standard Lease Agreement, including all Exhibits and documents incorporated hereunder, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written. No amendment to this Agreement shall be valid unless made in a writing of equal dignity and signed by both parties. No representation, request, instruction, directive or order, made or given by any official of State Entity or of any agency of the State of Georgia, whether verbal or written, shall be effective to amend this Standard Lease Agreement or excuse or modify performance hereunder unless reduced to a formal amendment and executed as set forth above. Contractor shall not be entitled to rely on any such representation, request, instruction, directive or order and shall not, under any circumstances whatsoever, be entitled to additional compensation, delay in performance, or other benefit claimed for relying upon or responding to any such representation, request, instruction, directive or order. 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, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees 5 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 16 in every subcontract for services contemplated under this Agreement. 17. E-VERIFY. It is the policy of the State Entity that unauthorized aliens shall not be employed to perform work on State Entity contracts involving the physical performance of services. Therefore, the State Entity 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 State Entity-provided forms, attached hereto as Exhibits “A” and “B” (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 State Entity 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 “A”, and submitted such affidavit to State Entity or provided the State Entity 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 “B”, 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 State Entity 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 State Entity contracts. By entering into a contract with the State Entity, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable 6 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 State Entity 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 subcontractor. 18. 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. [SIGNATURE PAGE TO FOLLOW] 7 IN WITNESS WHEREOF the parties have executed this Standard Lease Agreement effective the date first written above. CONTRACTOR Contractor’s Full Legal Name: (PLEASE TYPE OR PRINT) MaiFinance, Inc (Lessor) Authorized Signature: Printed Name and Tile of Person Signing: Date: Company Address: 478 Wheelers Farm Road Milford, CT 06461 STATE ENTITY State Entity’s Full Legal Name: (PLEASE TYPE OR PRINT) City of Milton Authorized Signature: Printed Name and Tile of Person Signing: Joe Lockwood Mayor Date: Company Address: 13000 Deerfield Pkwy, Suite 107F Milton, GA 30004 8 Attachment 1 36 MONTH LEASE TERM/EQUIPMENT SCHEDULE EQUIPMENT/SERVICES DESCRIPTION Manufacturer & Model Name: IN600 AF + 5 lb. Scale, DS-35 2.5 Accessories: Services/Maintenance: Additional Description (if any): 36 MONTH LEASE TERM Total Lease Term: 36 MONTHS Initial Term: Date of State Entity Acceptance* through September 30, 2015 First Renewal: October 1, 2015 through September 30, 2016 Second Renewal: October 1, 2016 through September 30, 2017 Final Renewal: October 1, 2017 through end of lease term NOTE: The number of months in the final renewal should be calculated based on the number of months remaining to reach a total lease term of 36 months. Monthly Payment Amount: $302.35 *The Date of State Entity Acceptance shall be the date that the State Entity accepts delivery of a machine, which is operational and complies with the terms and conditions of this lease agreement and the Statewide Contract. DELIVERY ADDRESS & STATE ENTITY CONTACT State Entity Contact Name: Stacey Inglis Phone Number: 678-242-2508 Email: stacey.inglis@cityofmiltonga.us State Entity Delivery Address: 13000 Deerfield Pkwy, Suite 107F, Milton, GA 30004 Delivery Date: TBD 9 Attachment 1 48 MONTH LEASE TERM/EQUIPMENT SCHEDULE EQUIPMENT/SERVICES DESCRIPTION Manufacturer & Model Name: Accessories: Services/Maintenance: Additional Description (if any): 48 MONTH LEASE TERM Total Lease Term: 48 MONTHS Initial Term: Date of State Entity Acceptance* through June 30, [Insert Year for End of Current Fiscal Year] First Renewal: July 1, through June 30, Second Renewal: July 1, through June 30, Third Renewal: July 1, through June 30, Final Renewal: July 1, through NOTE: The number of months in the final renewal should be calculated based on the number of months remaining to reach a total lease term of 48 months. Monthly Payment Amount: *The Date of State Entity Acceptance shall be the date that the State Entity accepts delivery of a machine, which is operational and complies with the terms and conditions of this lease agreement and the Statewide Contract. DELIVERY ADDRESS & STATE ENTITY CONTACT State Entity Contact Name: Phone Number: Email: State Entity Delivery Address: Delivery Date: 10 Attachment 1 60 MONTH LEASE TERM/EQUIPMENT SCHEDULE EQUIPMENT/SERVICES DESCRIPTION Manufacturer & Model Name: Accessories: Services/Maintenance: Additional Description (if any): 60 MONTH LEASE TERM Total Lease Term: 60 MONTHS Initial Term: First Renewal: May 15, 2012 through May14, 2013 Second Renewal: May 15, 2013 through May 14, 2014 Third Renewal: May 15, 2014 through May 14, 2015 Fourth Renewal: May 15, 2015 through May 14, 2016 Final Renewal: NOTE: The number of months in the final renewal should be calculated based on the number of months remaining to reach a total lease term of 60 months. Monthly Payment Amount: First 12 Mos @ $ Next 48 Mos @ $ *The Date of State Entity Acceptance shall be the date that the State Entity accepts delivery of a machine, which is operational and complies with the terms and conditions of this lease agreement and the Statewide Contract. DELIVERY ADDRESS & STATE ENTITY CONTACT State Entity Contact Name: Phone Number: Email: State Entity Delivery Address: Delivery Date: 11 EXHIBIT “A” 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 MailFinance, Inc. Name of Contractor Mailing Equipment Lease 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 “B” 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 MailFinance, Inc. 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 Mailing Equipment Lease 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 ______________,2015. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires:___________________ 12 w HOME OF ` ESTABLISIiED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 10, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2015; and for Other Purposes. MEETING DATE: Monday, July 20, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. VAPPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES CITY ATTORNEY REVIEW REQUIRED: () YES () NOT APPROVED 9NO X NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 72 D t �r REMARKS 9110 #** PHONE: 678.242.25001 FAX: 678.242.2499 Greelr�' _ *ce`:'f * ,oP;oo „��.r,L�t�: Communit i ��y infoC�cityofmiltonga.us i www.cityofmiitonga.us ,�,, y 13000 Deerfield Parkway, Suite 137 � Milton GA 30004 "" a Page 1 of 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on June 26, 2015 for the July 6, July 20 and August 3, 2015 Regular Council Meetings Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2015; and for Other Purposes. ____________________________________________________________________________________ Department Recommendation: Adopt the ordinance as presented to establish the ad valorem tax rate of the City of Milton for the 2015 fiscal year. Executive Summary: The Taxpayers Bill of Rights, in effect since 2000, requires the City to advertise a property tax increase if the millage rate is not fully rolled back to offset inflationary reassessments to existing property values. The impact of the reassessments this past year resulted in a property tax increase of 5.48%. When coupled with the upsurge in the digest for newly improved properties, the overall taxes levied will be 6.5% higher than 2014. The FY2015 Budget anticipated a millage rate of 4.731 mills, which is the same millage rate the City of Milton Charter permits and is the same rate accessed in all eight years of the City’s incorporation. Three public hearings will be held to allow the public the opportunity to provide their input. The first public hearing will be held on July 6th, where the first presentation of the Ordinance to establish the millage rate will also be sounded. The second public hearing will be held on July 2 0th. The final public hearing will be held on August 3rd, where the Ordinance will also be considered for adoption. Funding and Fiscal Impact: The property tax revenues were estimated to be $8,670,500 in the fiscal year 2015 budget. The total amount of property taxes to be levied, excluding motor vehicle tax, is roughly $10.2 million. To meet the budget estimates, the collection rate will have to exceed 85%. Given that the collection rate over the past three years has been around 95%, we shouldn’t have a problem meeting the projected budget numbers. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Advertisement - Current 2015 Tax Digest and Five Year History of Levy Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ESTABLISH THE AD VALOREM TAX RATE OF THE CITY OF MILTON FOR FISCAL YEAR 2015; AND FOR OTHER PURPOSES WHEREAS, the Charter of the City of Milton, Georgia authorizes the City to levy and provide for the assessment of ad valorem property taxes on all property subject to taxation; and WHEREAS, the Charter of the City of Milton, Georgia provides that the valuation of all property subject to taxation by the City shall be determined according to the tax digest prepared by the Fulton County Board of Tax Assessors; and WHEREAS, the Mayor and City Council, after hearing and after duly considering all such relevant evidence, testimony and public comments, has determined that it is in the best interests of, and necessary to meet the expenses and obligations of, the City of Milton, Georgia to set a levy in the amount of $4.731 on each $1,000.00 of taxable value for all property subject to ad valorem taxation by the City; now BE IT ORDAINED by the Mayor and City Council of the City of Milton, Georgia as follows: SECTION I: The ad valorem tax rate for the City of Milton, Georgia for the 2015 fiscal year, on property subject to ad valorem taxation by the City is hereby fixed at $4.731 on forty percent (40%) of each $1,000.00 of property subject to ad valorem tax by the City. SECTION II: Said rate of $4.731 on forty percent (40%) of each $1,000.00 of taxable property is hereby levied for General Government purposes. SECTION III: All ordinances and parts of ordinances in conflict herewith are hereby repealed. Page 2 of 2 ORDAINED this the ____day of ________, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (SEAL) Incorporated City of Milton Real & Personal 2,053,385,022 1,976,153,262 2,002,141,290 1,991,826,430 2,156,608,276 2,332,989,792 Motor Vehicle 101,093,870 104,790,450 116,670,630 125,271,430 110,057,590 80,438,520 Mobile Homes 0 0 0 0 0 0 Timber – 100%0 0 0 0 0 0 Heavy Duty Equipment 6,584 6,584 0 0 0 0 Gross Digest 2,154,485,476 2,080,950,296 2,118,811,920 2,117,097,860 2,266,665,866 2,413,428,312 Less M & O Exemptions 158,169,430 163,889,783 161,283,460 162,615,270 154,175,700 174,457,350 Net M & O Digest 1,996,316,046 1,917,060,513 1,957,528,460 1,954,482,590 2,112,490,166 2,238,970,962 Gross M & O Millage Rate 4.731 4.731 4.731 4.731 4.731 4.731 Less Millage Rate Rollbacks 0 0 0 0 0 0 Net M & O Millage Rate 4.731 4.731 4.731 4.731 4.731 4.731 Net Taxes Levied 9,444,571 9,069,613 9,261,067 9,246,657 9,994,191 10,592,572 Net Taxes $ Increase (508,802)(374,958)191,454 (14,410)747,534 598,381 Net Taxes % Increase -5.1%-4.0%2.1%-0.2%8.1%6.5% CITY OF MILTON NOTICE The City of Milton does hereby announce that the millage rate will be set at a meeting to be held at City Hall Council Chambers, 13000 Deerfield Pkwy, Suite 107E, Milton, Georgia on August 3, 2015 at 6:00 PM and pursuant to the requirements of O.C.G.A § 48-5-32 does hereby publish the following presentation of the current year’s tax digest and levy, along with the history of the tax digest and levy for the past five years. Current 2015 Tax Digest and Five Year History of Levy 2010 2011 2012 2013 20152014 2015 Property Tax Public Hearing Public Notice •1st Public Hearing – July 6th 6:00 PM •2nd Public Hearing – July 20th 6:00 PM •3rd Public Hearing and Adoption of Millage Rate – August 3rd 6:00 PM •Tax bills projected to be mailed September 1st •Taxes due October 31st Public Notice •Total Tax Digest = $2,238,970,962 •Total Taxes Levied = $10,592,572 –Property Taxes = $10,212,017 –Motor Vehicle Taxes = $380,555 •Property Tax Increase –Increase of 5.48% Due to Reassessments –Millage Rate = 4.731 mills N DOME OF ' FSTAI�LISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 15, 2015 FROM: City Manager AGENDA ITEM: Consideration of Resolution Transmitting a Draft Capital Improvements Element, Relating to the City's Consideration of an Impact Fee Program to the Atlanta Regional Commission for Regional and State Review. MEETING DATE: Monday, July 20, 2015 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: k YES () NO CITY ATTORNEY REVIEW REQUIRED. P YES O NO APPROVAL BY CITY ATTORNEY {APPROVED () NOT APPROVED PLACED ON AGENDA FOR: (0 `7 2. I j REMARKS 9130Y©un *** PHONE: 678.2422500 j FAX: 678.242.2499 = Green v infoftityofmiltonga.us � www.cityofmiltonga.us WILDW I Community 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on July 14, 2015 for the July 20, 2015 Regular Council Meeting Agenda Item: Consideration of a Resolution Transmitting a Draft Capital Improvements Element, Relating to the City’s Consideration of an Impact Fee Program to the Atlanta Regional Commission for Regional and State Review. ______________________________________________________________________________ Department Recommendation: Approval Executive Summary: As part of conducting the Impact Fee Study, a Capital Improvements Element (CIE) was prepared by the city’s impact fee consultant and was reviewed by staff, the Impact Fee Study Advisory committee and the Planning Commission. The CIE contains projections for the community’s needs to 2035; lists the projects that would be eligible for impact fee funding and their schedule of improvements; establishes a of level of service; and includes a description of the funding sources. Upon favorable review by the Regional and State agencies, the City of Milton may proceed with the development of an impact fee ordinance. Funding and Fiscal Impact: None Alternatives: None Legal Review: Ken Jarrard – Jarrard & Davis 06-13-2015 Concurrent Review: Chris Lagerbloom Attachment(s): Capital Improvements Element (CIE) Resolution Capital Improvements Element City of Milton Impact Fee Program Including the following public facility categories: Parks and Recreation Fire Protection Law Enforcement Road Improvements DRAFT: July 20, 2015 ROSS+associates urban planning & plan implementation in association with Table of Contents DRAFT – July 20, 2015 i Capital Improvements Element Table of Contents Introduction ............................................................................................................................ 1  Impact Fees Authorized ...................................................................................... 1  Categories for Assessment of Impact Fees ................................................................ 1  Editorial Conventions ......................................................................................... 2 Forecasts ................................................................................................................................. 4  Regional Setting ............................................................................................... 4  Population and Housing Unit Forecasts .................................................................... 5 Table 1: Population, Housing and Employment Forecasts .......................................................... 5 Table 2: Service Area Forecasts......................................................................................... 6 Parks and Recreation ............................................................................................................ 7  Introduction .................................................................................................... 7  Service Area .................................................................................................... 7  Level of Service ................................................................................................ 7 Table 3: Current Inventory of Park Acres and Planned Trails ...................................................... 7 Table 4: Level of Service Conversion ................................................................................... 8  Forecasts for Service Area ................................................................................... 9 Table 5: Existing and Future Demand..................................................................................... 9 Table 6: Future Park Facility Impact Fee Eligibility ................................................................. 10 Table 7: Future Costs to Meet Future Demand ..................................................................... 11 Fire Protection ...................................................................................................................... 13  Introduction ................................................................................................... 13  Service Area ................................................................................................... 13 Table 8: Inventory of Fire Protection Facilities ...................................................................... 13  Level of Service ............................................................................................... 13 Table 9: Current Level of Service Calculation ....................................................................... 14  Forecasts for Service Area .................................................................................. 15 Table 10: Future Demand Calculation ................................................................................ 15 Table 11: Future Fire Protection Facility Projects ................................................................... 16 Table 12: Future Vehicles Proposed .................................................................................. 17 Table 13: Project Costs to Meet Future Demand ................................................................... 18 Table of Contents DRAFT – July 20, 2015 ii Capital Improvements Element Law Enforcement ................................................................................................................. 19  Introduction ................................................................................................... 19  Service Area ................................................................................................... 19  Level of Service ............................................................................................... 19 Table 14: Planned Law Enforcement Space ......................................................................... 19 Table 15: Current Level of Service Calculation ..................................................................... 19  Forecasts for Service Area .................................................................................. 20 Table 16: Future Demand Calculation ................................................................................ 20 Table 17: Law Enforcement Center Project Costs .................................................................. 20 Road Improvements ............................................................................................................ 22  Introduction ................................................................................................... 22  Service Area ................................................................................................... 22  Level of Service Standards .................................................................................. 22  Level of Service ............................................................................................... 22  Forecasts for Service Area .................................................................................. 23 Table 18: Road Projects and Estimated Costs – Current Dollars ................................................. 24 Table 19: Road Projects and Estimated Costs – Net Present Value .............................................. 25  Eligible Costs .................................................................................................. 26 Table 20: Eligible Cost Calculation .................................................................................... 26 Exemption Policy .................................................................................................................. 27 Glossary ................................................................................................................................. 28 Technical Appendix .............................................................................................................. 30  Methodology – Population Forecasts ...................................................................... 30  Methodology – Housing and Employment Forecasts .................................................... 30  Methodology – Trip Generation ............................................................................ 30 Introduction DRAFT – July 20, 2015 1 Capital Improvements Element Introduction The purpose of a Capital Improvements Element (CIE) is to establish where and when certain new capital facilities will be provided within a jurisdiction and the extent to which they may be financed through an impact fee program. This Capital Improvements Element addresses parks & recreation, fire protection, law enforcement and road improvements. As required by the Georgia Development Impact Fee Act (“State Act” of “DIFA”), and defined by the Department of Community Affairs in its Development Impact Fee Compliance Requirements, the CIE must include the following for each capital facility category for which an impact fee will be charged: • a projection of needs for the twenty-year planning period to 2035; • the designation of service areas—the geographic area in which a defined set of public facil- ities provide service to development within the area; • the designation of levels of service (LOS)—the service level that is being and will be pro- vided; • a schedule of improvements listing impact fee related projects and costs for the twenty- year planning period; • a description of funding sources for the twenty-year planning period. Additionally, in accordance with the State Act and DCA’s Development Impact Fee Compliance Re- quirements, a policy statement regarding potential impact fee exemptions is included in this CIE if the City wishes to adopt or apply such exemptions in the future.  Impact Fees Authorized Impact fees are authorized in Georgia pursuant to O.C.G.A. §36-71-1 et seq., the Georgia Devel- opment Impact Fee Act (DIFA), and are administered by the Georgia Department of Community Affairs pursuant to Chapter 110-12-2, Development Impact Fee Compliance Requirements, of the Georgia Administrative Code. Under DIFA, the City can collect money from new development based on that development’s proportionate share—the ‘fair share’—of the cost to provide the facilities needed specifically to serve new development. This includes the categories of roads, public safety and parks. Revenue for such facilities can be produced from new development in two ways: through future taxes paid by the homes and businesses that growth creates, and through an im- pact fee assessed as new development occurs.  Categories for Assessment of Impact Fees To assist in paying for the high costs of expanding public facilities and services to meet the needs of projected growth and to ensure that new development pays a reasonable share of the costs of public facilities, Milton is considering the establishment of impact fees for parks & recreation, fire protection, law enforcement and road improvements. The chapters in this Capital Improvements Element provide population and employment forecasts and detailed information regarding the in- ventory of current facilities, the level of service, and detailed calculations of project costs and the impact of new growth and development for the specific public facilities. The following table shows the facility categories being considered by the City that are eligible for impact fee funding under DIFA and that are considered in this report. The service area for each public facility category—that is, the geographical area served by the facility category—is also given, along with what the standard adopted as the level of service to be delivered for each facility cate- gory is based upon. Introduction DRAFT – July 20, 2015 2 Capital Improvements Element Terms used in the Overview Table: Eligible Facilities under the State Act are limited to capital items having a life expectancy of at least ten years, such as land, buildings and certain vehicles. Impact fees cannot be used for the maintenance, supplies, personnel salaries, or other operational costs, or for short-term capital items such as computers, furniture or most automobiles. None of these costs are included in the impact fee system. Service Areas are the geographic areas that the facilities serve, and the areas within which the impact fee can be collected. Monies collected in a service area for a particular category may only be spent for that purpose, and only for projects that serve that service area. Level of Service Standards are critical to determining new development’s fair share of the costs. The same standards must be applied to existing development as well as new to as- sure that each is paying only for the facilities that serve it. New development cannot be re- quired to pay for facilities at a higher standard than that available to existing residents and businesses, nor to subsidize existing facility deficiencies. Funding Sources for capital improvements have historically been General Fund tax collec- tions, net of any grants received (if any). Impact fees will be used to fund all or a portion of eligible impact fee costs. Tax collections include the City’s normal annual property tax levy and any special levies for debt instruments (such as bonds) that are intended to provide funding for impact fee projects in whole or in part.  Editorial Conventions This report observes the following conventions: The capitalized word ‘City’ applies to the government of Milton, the City Council or any of its de- partments or officials, as appropriate to the context. An example is “the City has adopted an im- pact fee ordinance”. The lower case word ‘city’ refers to the geographical area of Milton, as in “the population of the city has grown”. Overview of Impact Fee Program Facilities Parks and Recreation Fire Protection Law Enforcement Road Improvements Eligible Facilities Park acres, recreation components (ballfields, etc.) and trails Fire stations, fire trucks & general vehicles Administrative facility space Road projects serving Milton residents and workers Service Area Citywide Citywide Citywide Citywide Level of Service Standard Based on … Number of acres, components and trail miles per dwelling unit Square footage and number of vehicles per day/night population Square footage of facilities per day/night population LOS "D" for entire road network Historic Funding Source(s)General Fund General Fund General Fund General Fund Introduction DRAFT – July 20, 2015 3 Capital Improvements Element The same conventions are applied to the words ‘County’ and ‘county’, ‘State’ and ‘state’. Single quote marks (‘ and ’) are used to highlight a word or phrase that has a particular meaning or refers to a heading in a table. Double quote marks (“ and ”) are used to set off a word or phrase that is a direct quote taken from another source, such as a passage or requirement copied directly from a law or report. Numbers shown on tables are often rounded from the actual calculation of the figures for clarity, but the actual calculated number of decimal points is retained within the table for accuracy and fur- ther calculations. Forecasts DRAFT – July 20, 2015 4 Capital Improvements Element Forecasts In order to accurately calculate the demand for future services in Milton, new growth and develop- ment must be quantified in future projections. These projections include forecasts for population, households, housing units, and employment to the year 2035. These projections provide the base- line conditions from which the current Level of Service calculations are produced. Also, projections are combined to produce what is known as ‘day/night population.’ This is a method that combines resident population and employees in a service area to produce an accurate picture of the total number of persons that rely on certain 24-hour services, such as fire protection. The projections used for each public facility category are specified in each public facility chapter. This chapter presents a summary of the forecasts that have been identified as the most appropri- ate for Milton, based on a wide-ranging analysis of alternate approaches that were considered for their reasonableness and correlation to the City’s growth policies contained in its 2030 Comprehen- sive Plan, adopted in 2011.  Regional Setting Continuing past trends, Milton is expected to continue to grow at a faster pace than its immediate neighbors with regard to population, housing and jobs. Its neighbors—Alpharetta and John’s Creek— contain the preponderance of population and housing units in the 3-city N. Fulton Super- district, but are expected to grow collectively at a slower pace than Milton (increasing 49% to Mil- ton’s 71% in population and 54% to Milton’s 71% in housing between 2014 and 2035). Over the coming twenty years, the city is expected to increase its share of all residents among the three cit- ies from 20% to 22%, and grow from 18% to 20% of all housing units. Numerically, Alpharetta and Johns Creek will continue to dominate employment in the area, adding 21,704 new jobs by 2035 compared to Milton’s job increase of 5,500, although this ‘modest’ growth will increase Milton’s share of area employment from 7% to almost 10%. N Fulton Superdistrict Milton N Fulton Superdistrict Milton N Fulton Superdistrict Milton 2014 185,319 36,060 2014 75,027 13,611 2014 110,241 7,771 2035 284,151 61,580 2035 117,860 23,243 2035 137,445 13,271 Increase 53% 71% Increase 57% 71% Increase 25% 71% ARC's N Fulton Superdistrict includes Milton along with Alpharetta and John's Creek. Superdistrict projections interpolated by ROSS+associates. 0 50000 100000 150000 200000 250000 300000 Population N Fulton Superdistrict Milton 0 20000 40000 60000 80000 100000 120000 Housing N Fulton Superdistrict Milton 0 20000 40000 60000 80000 100000 120000 140000 Employment N Fulton Superdistrict Milton Forecasts DRAFT – July 20, 2015 5 Capital Improvements Element  Population and Housing Unit Forecasts Table 1 presents the forecasts for population for each year from 2014 to 2035 and provides the forecasts for households and housing units over the same period. The figures shown are, in es- sence, mid-year estimates reflecting Census Bureau practice. In other words, the increase in popu- lation between 2014 and 2035 would actually be from July 1, 2014 to June 30, 2035. The population forecasts represent a projection of the annual population figures reported by the Census Bureau through 2013. The number of households is calculated based on the most recently reported average household size in the city, and divided into the population forecasts. Since households are synonymous with ‘occupied housing units’, the total number of housing units is cal- culated by applying an occupancy rate to account for vacant units. In essence, the city will be ‘built-out’ as to its capacity to accommodate future residential development under current land use and conservation policies and zoning provisions. Table 1: Population, Housing and Employment Forecasts Employment Forecasts Table 1 also shows the forecasts for employment growth in Milton, from 2014 to 2035. The employment figures for Milton reflect an analysis of three approaches: One, a ‘percentage share’ approach in which the city’s number of employees is based on a constant share of all em- ployment in the immediate area (which includes Alpharetta and John’s Creek), that in 2010 was 4.56% of all jobs in the area. Another, the ‘averaged’ approach calcu- lates a middle ground between the low- er ‘percentage share’ forecast and the higher, recommended approach. The recommended approach assumes a correlation between employment and the number of households in the city. Although in 2010, 59% of all people working in Milton commuted in from outside the city, the ‘internal’ ratio can be a valuable guideline in making estimates. This forecast maintains the expectation that Milton will continue to increase its modest employment base, will benefit from the Transfer of Develop- ment Rights program generated by the Conservation Plan, and will actually increase its share of all employment among the three cities in the immediate N. Fulton Superdistrict by several percentage points into the future. Milton Population Households Housing Units Jobs 2014 36,060 12,872 13,611 7,771 2015 37,385 13,345 14,111 8,057 2016 38,710 13,818 14,611 8,342 2017 40,039 14,293 15,113 8,629 2018 41,353 14,762 15,609 8,912 2019 42,654 15,226 16,100 9,193 2020 43,941 15,686 16,586 9,470 2021 45,214 16,140 17,066 9,744 2022 46,473 16,589 17,541 10,015 2023 47,718 17,034 18,011 10,284 2024 48,950 17,474 18,477 10,550 2025 50,167 17,908 18,936 10,812 2026 51,371 18,338 19,390 11,071 2027 52,561 18,763 19,840 11,328 2028 53,737 19,183 20,284 11,582 2029 54,899 19,597 20,721 11,831 2030 56,047 20,007 21,155 12,079 2031 57,181 20,412 21,583 12,324 2032 58,302 20,812 22,006 12,565 2033 59,408 21,207 22,424 12,804 2034 60,501 21,597 22,836 13,039 2035 61,580 21,982 23,243 13,271 Source: ROSS+associates: Methodology-Population Forecasts (Appendix A). Methodology-Housing and Employment Forecasts (Appendix B). Forecasts DRAFT – July 20, 2015 6 Capital Improvements Element Service Area Projections In Table 2 the service area forecasts are presented for a single citywide service area measured in two ways: citywide housing units (which quantifies Parks and Recreation service demands), and citywide day/night population (for the public safety services categories, Fire Protection and Law En- forcement). The ‘day/night’ population calculation is a combination of the population and future employment projections. The use of day/night population in impact cost and impact fee calculations is based upon the clear rational nexus between persons and services demanded on a 24-hour basis. The day/night population is used to determine Level of Service standards for facilities that serve both the resident population and business employment. The fire department, for instance, protects one’s house from fire whether or not they are at home, and protects stores and offices whether or not they are open for business. Thus, this ‘day/night’ population is a measure of the total services demanded of a 24-hour service provider facility and a fair way to allocate the costs of such a facili- ty among all of the beneficiaries. Table 2: Service Area Forecasts The figures on Table 2 are the figures that will be used in subsequent public facility category chapters for Parks & Recreation, Fire Protection and Law Enforcement. Impact fees for the Road Improvements cate- gory are not population based, but based on vehicle trip generation data. As described in the Technical Appendix of this report, future growth and development in the city will account for about 40% of all city-generated traffic on Mil- ton’s roads by 2035. For a more detailed description of the methodologies considered in preparing the population, household, housing unit and employment forecasts, see the Technical Appendix to this report. For statistical reasons, the forecasts in the Appendix cover the 2010 to 2040 time frame, but the fig- ures used for impact fee purposes cover the 20-year period from the present to 2035. Year Housing Units (Recreation & Parks) Day/Night Population (Fire & Police) 2014 13,611 43,831 2015 14,111 45,442 2016 14,611 47,052 2017 15,113 48,668 2018 15,609 50,265 2019 16,100 51,847 2020 16,586 53,411 2021 17,066 54,958 2022 17,541 56,488 2023 18,011 58,002 2024 18,477 59,500 2025 18,936 60,979 2026 19,390 62,442 2027 19,840 63,889 2028 20,284 65,319 2029 20,721 66,730 2030 21,155 68,126 2031 21,583 69,505 2032 22,006 70,867 2033 22,424 72,212 2034 22,836 73,540 2035 23,243 74,851 Increase:9,632 31,020 Parks & Recreation DRAFT – July 20, 2015 7 Capital Improvements Element Parks and Recreation  Introduction Public recreational opportunities are available in Milton through a number of parks facilities operat- ed by the City of Milton Parks and Recreation Department. Demand for recreational facilities is al- most exclusively related to the city's resident population. Businesses make some incidental use of public parks for office events, company softball leagues, etc., but the use is minimal compared to that of the families and individuals who live in the city. Thus, the parks and recreation impact fee is limited to future residential growth.  Service Area The parks and recreation facilities are operated as a citywide system. Facilities are provided equally to all residents, and often used on the basis of the programs available, as opposed to proximity of the facility. For instance, children active in lacrosse play games at various locations, based on scheduling rather than geography. Other programs are located only at certain centralized facilities, to which any Milton resident can come. Thus, the entire city is considered a single service area for parks and recreation.  Level of Service Level of Service standards for park lands and for recreational components such as baseball fields, playgrounds, and recreation centers have been adopted by the City in the Parks and Recreation Master Plan (2012). Level of Service standards for preserved open space (conservation easements) and land for trails have been adopted by the City in the Conservation Plan (2013). Table 3 provides an inventory of the acreage under the control of the Parks and Recreation De- partment in 2014, or expected to come under its control when Providence Park is transferred. Table 3: Current Inventory of Park Acres and Planned Trails Park / Facility Name Number of Acres Trail Type Existing Miles Proposed Miles System Total Bell Memorial Park 32.50 Rural EOP**, Asphalt - 6.02 6.02 Bethwell Community Center 1.00 Rural EOP, Gravel 0.38 35.78 36.16 Birmingham Park 203.00 Modified Rural EOP, Asphalt 0.72 9.13 9.85 Broadwell Pavillion 0.75 Modified Rural EOP, Gravel - 3.66 3.66 Freedom Park 1.00 Urban EOP, Concrete 0.45 5.22 5.67 Friendship Community Park 1.81 Urban Bike EOP, Concrete 0.97 17.42 18.39 Hopewell House 2.50 Gravel Roads, Signage - 9.56 9.56 Providence Park* 42.00 Off Road, Asphalt - 1.91 1.91 Off Road, Gravel - 2.06 2.06 Total Park Acres: 284.56 Total Trail Miles: 2.52 90.76 93.28 * Currently under the control of Fulton County; expected to transfer to Milton in 2015. ** Edge of pavement. Existing Park Acres Planned Trail System Parks & Recreation DRAFT – July 20, 2015 8 Capital Improvements Element The total 284.56 acres of park land is equivalent to 1 acre for each 31.5 housing units in the city, as shown in Table 4. The Level of Service standards for land and recreation components are expressed in terms of the number of people each acre, component or mile is intended to serve, which can be re-calculated as the number of housing units served by each acre, component or mile. Multi-use trails follow the same calculation procedure as recreation components, but the LOS is based on the future system serving the 2035 population. Since impact fees are assessed at the time a building permit is issued (and the impact fee will be limited to residential uses), the LOS must be converted to a ‘per housing unit’ basis. Table 4 shows how the adopted level of service for each recreation component is converted from a ‘per population’ basis to a ‘per housing unit’ basis. First, the currently adopted LOS of 1 per ‘X’ number of people for each component is converted to one compo-nent per ‘X’ housing units using the city’s current average household size. This number is then divided into ‘1’ to produce the ‘per housing unit’ figure. Table 4: Level of Service Conversion By way of example, the current LOS for basket-ball courts is 1 court per 5,500 people. That number—5,500—is di-vided by the 2014 aver-age household size to convert ‘people’ into ‘housing units’. The re-sult is the converted standard of 1 field per 2,100 housing units. By dividing the component (1) by the number of housing units it serves results in the portion of a basketball court that serves 1 housing unit (0.0004761). [Reversing the calcula-tion, 0.0004761 times 2,100 housing units yields 1 basketball court.] Component TypePark Land (acres) 1 acre per83population = 1 acre per31.5 Housing Units = 0.0317919 for each Housing UnitConservation Easements (acres) 1 acre per 22 population = 1 acre per 8.5 Housing Units = 0.1181754 for each Housing UnitLand for Trails (acres) 1 acre per 560 population = 1 acre per 211.6 Housing Units = 0.0047270 for each Housing UnitBaseball Field 1 per 5,000population = 1 per 1,887.3 Housing Units = 0.0005299 for each Housing UnitFootball/Soccer/Lacrosse 1 per 7,000population = 1 per 2,642.2 Housing Units = 0.0003785 for each Housing UnitBasketball Court 1 per 5,500population = 1 per 2,076.0Housing Units = 0.0004817 for each Housing UnitPlayground (Structured) 1 per 1,750population = 1 per 660.5 Housing Units = 0.0015139 for each Housing UnitPicnic Shelter / Pavilion 1 per 1,750population = 1 per 660.5 Housing Units = 0.0015139 for each Housing UnitCommunity Center 1 per 15,000population = 1 per 5,661.8 Housing Units = 0.0001766 for each Housing UnitMulti-Use Trails 1 mile per 660.16 population = 1 mile per 249.2 Housing Units = 0.0040131 for each Housing UnitAdopted LOS**** "1" divided by the number of housing units for each component under "LOS per X Housing Units" column.LOS per Each Housing Unit**** Level of Service adopted in Parks and Recreation Master Plan: 1.2 Acres per 100 Population (park land) & 1 Component per population shown. Level of Service adopted in Conservation Plan: 2500 acres in 2030 for conservation easements, and 100 acres in 2030 in land for trails to be purchased. Multi-use Trail LOS based on system build-out in 2035 (93.28 miles serving 61, 580 people).LOS per X Housing Units**** Converted using average population per housing unit in 2014. (Exception: conservation easement and land for trails acreage converted using population per housing unit in 2030 due to LOS based on Conservation Plan recommendations for that year.) Parks & Recreation DRAFT – July 20, 2015 9 Capital Improvements Element Note that the categories of components shown in Table 4 are not necessarily the only component types that are or will be available to City residents in the future.  Forecasts for Service Area Existing and Future Demand Table 5 shows the current and future demand in land and recreation components based on the LOS standards adopted by the City and shown on Table 4. Existing demand is calculated in order to determine if there are currently more than enough facili- ties to serve the current (2014) population or if there is a shortfall requiring future facilities to be built to serve today’s population. For the number of acres and facilities to meet future population needs, the increase in housing units between now and 2035 is multiplied by each level of service standard to produce the future demand. The ‘new units’ figure on the Table is the citywide increase taken from Table 2. Table 5: Existing and Future Demand Note that ‘demand’ figures are ex- pressed in decimals rather than whole numbers. This allows a high level of accuracy when dealing with cost alloca- tions between existing residents and future growth. For instance, a particu- lar new facility may in part meet a cur- rent need and in part serve future growth; each would be responsible for their ‘fair share’ of the cost. As will be seen, however, ultimately recreation component needs are converted to whole numbers. Impact Fee Eligibility New parks and recreation components are eligible for impact fee funding only to the extent that the improvements are needed to specifically serve new growth and development, and only at the level of service applicable citywide. Table 6 shows the number of new park acres and recreation components that are needed to satisfy both current and future needs of the city’s residents, and the extent to which fulfillment of those needs will serve future growth demand. The table begins with the current inventory of park lands and components, and the ‘existing’ demand for those components to meet the needs of the current (2014) population based on the adopted level of ser- vice standards (from Table 5). The ‘excess or (shortfall)’ column compares the existing demand to the current supply of park acres and recreation components. Component Type Park Land 0.0317919 432.72 306.22 Conservation Easements 0.1181754 1,608.485 1,138.265 Land for Trails 0.0047270 64.339 45.531 Baseball Field 0.0005299 7.212 5.104 Football/Soccer/Lacrosse 0.0003785 5.151 3.645 Basketball Court 0.0004817 6.556 4.640 Playground (Structured) 0.0015139 20.606 14.582 Picnic Shelter / Pavilion 0.0015139 20.606 14.582 Community Center 0.0001766 2.404 1.701 Multi-Use Trails (miles) 0.0040131 54.623 38.655 * 2014 Housing Units = 13,611 ** New Units (2035) = 9,632 New Growth Demand (2015-35) ** Existing Demand (2014) * Adopted LOS per Housing Unit Parks & Recreation DRAFT – July 20, 2015 10 Capital Improvements Element Table 6: Future Park Facility Impact Fee Eligibility Where an ‘excess’ is identified, that means that more land or components (or portions of compo- nents) exist than are needed to meet the recreation needs of the current population, and those ‘excesses’ create capacity to meet the recreational needs of future growth. Conversely, a ‘shortfall’ indicates that there are not enough facilities and more components (or portions of components) are needed to meet the recreational needs of the current population based on the adopted LOS. The next column on Table 6 shows the total demand in land and components specifically to meet future growth needs, and the ‘net total needed’ to meet all existing and future needs combined. A current ‘excess’ in facilities reduces the need for new facilities because the ‘excess’ is already avail- able to serve new growth. A ‘shortfall’, however, adds to new growth’s needs with facilities to bring the current population up to the adopted level of service required to be available to all—both cur- rent and future residents. For example, the City has 7 football/soccer/lacrosse fields but the adopted level of service indicates that only 5 fields and a portion of a 6th (0.151 or 15.1%) are needed to serve the current popula- tion, leaving the remainder of the 6th field and all of the 7th field available to serve future growth. Future growth, however, will need a total of 3.645 fields to fully satisfy its needs, based on the adopted LOS. Since 1.849 existing fields are currently available, only 1.797 new field capacity will be needed to meet future demand. This figure is rounded up to 2 new fields (since the Parks and Recreation Department cannot construct only a portion of a new facility), of which the 1.797 por- tion needed for new growth represents 89.8% of the total to be built. On the other hand, the City has only 5 baseball fields where 7.212 in field capacity is needed to serve current needs, leaving a ‘shortfall’ in capacity of 2.212 fields. New growth will need 5.104 fields for itself, to which is added the current population’s shortfall for a total of 7.316 to provide for both current and future needs. Rounded to 8 new fields, new growth needs only 63.8% of the total to satisfy its own demand. Future Costs Table 7 on the next page presents the estimated cost calculations for both the land acquisition and recreation component projects proposed and the maximum extent to which the project costs are impact fee eligible. Park Land 284.560 432.720 (148.160) 306.220 454.380 455.000 67% Conservation Easements 0 1,608.485 (1,608.485) 1,138.265 2,746.750 2,747.000 41.4% Land for Trails 0 64.339 (64.339) 45.531 109.870 110.000 41.4% Baseball Field 5 7.212 (2.212) 5.104 7.316 8.000 63.8% Football/Soccer/Lacrosse 7 5.151 1.849 3.645 1.797 2.000 89.8% Basketball Court 0.5 6.556 (6.056) 4.640 10.696 11.000 42.2% Playground (Structured) 2 20.606 (18.606) 14.582 33.188 34.000 42.9% Picnic Shelter / Pavilion 2 20.606 (18.606) 14.582 33.188 34.000 42.9% Community Center 1 2.404 (1.404) 1.701 3.105 4.000 42.5% Multi-Use Trails (miles) 2.52 54.623 (52.103) 38.655 90.757 91.000 42.5% Net Total Needed Whole Total Needed Percent Impact Fee Eligible Facility Current Inventory Existing Demand Excess or (Shortfall) New Growth Demand Parks & Recreation DRAFT – July 20, 2015 11 Capital Improvements Element The figures in the ‘components proposed’ column are drawn from the ‘whole total needed’ column in Table 6. The ‘total cost figures’ on the Table are converted to ‘new growth share’ dollars based on the percentage that each improvement is impact fee eligible. Note that this affects most of the recreation components to the extent that partial components identified in the ‘net total needed’ column of Table 6 had to be rounded up to whole components, creating an ‘overage’ portion of each facility type. Table 7: Future Costs to Meet Future Demand To calculate the Net Present Value of the impact fee-eligible cost estimate for non-construction im- provements (the new park land), the currently estimated 2014 cost is inflated to the target year using the 10-year average CPI and then is reduced using the Net Discount Rate. For the construc- tion of the recreation components, the NPVs are calculated by increasing the current (2014) esti- Facility Components Proposed Net Cost per Unit* Gross Cost per Unit**Total Cost % Impact Fee Eligible New Growth Share Net Present Value*** Land: Park Land 455 110,000$ 134,200$ 61,061,000$ 67.39% 41,150,793$ 46,275,787$ Conservation Easements 2,747 10,000$ 12,200$ 33,513,400$ 41.44% 13,886,835$ 15,616,327$ Land for Trails 110 150,000$ 183,000$ 20,130,000$ 41.39% 8,332,101$ 9,369,796$ 114,704,400$ 63,369,730$ 71,261,910$ Facilities: Baseball Field 8 185,000$ 225,700$ 1,805,600$ 63.80% 1,151,897$ 1,541,931$ Football/Soccer/Lacrosse 2 85,000$ 103,700$ 207,400$ 89.85% 186,339$ 249,434$ Basketball Court 11 50,000$ 61,000$ 671,000$ 42.18% 283,021$ 378,853$ Playground (Structured) 34 30,000$ 36,600$ 1,244,400$ 42.89% 533,698$ 714,408$ Picnic Shelter / Pavilion 34 90,000$ 109,800$ 3,733,200$ 42.89% 1,601,093$ 2,143,225$ Community Center 4 450,000$ 549,000$ 2,196,000$ 42.53% 933,971$ 1,108,195$ 9,857,600$ 4,690,018$ 6,136,046$ Multi-Use Trails (miles): Rural EOP**, Asphalt 6.02 450,000$ 549,000$ 3,304,980$ 42.48% 1,403,875$ 1,879,229$ Rural EOP, Gravel 35.78 300,000$ 366,000$ 13,095,480$ 42.48% 5,562,641$ 7,446,159$ Modified Rural EOP, Asphalt 9.13 600,000$ 732,000$ 6,683,160$ 42.48% 2,838,844$ 3,800,080$ Modified Rural EOP, Gravel 3.66 450,000$ 549,000$ 2,009,340$ 42.48% 853,519$ 1,142,521$ Urban EOP, Concrete 5.22 700,000$ 854,000$ 4,457,880$ 42.48% 1,893,599$ 2,534,774$ Urban Bike EOP, Concrete 17.42 700,000$ 854,000$ 14,876,680$ 42.48% 6,319,252$ 8,458,959$ Gravel Roads, Signage 9.56 20,000$ 24,400$ 233,264$ 42.48% 99,085$ 132,635$ Off Road, Asphalt 1.91 450,000$ 549,000$ 1,048,590$ 42.48% 445,416$ 596,234$ Off Road, Gravel 2.06 300,000$ 366,000$ 753,960$ 42.48% 320,264$ 428,706$ Subtotal Trail Construction 46,463,334$ 19,736,493$ 26,419,298$ Totals: 171,025,334$ 87,796,241$ 103,817,254$ ** Includes contingency at 15% and architectural/engineering services at 7%. *** Construction dates vary. NPV based on CPI, BCI or CCI as appropriate, in an average construction year of 2025. Subtotal Facility Construction Subtotal Land Acquisition * Sources: Milton Parks and Recreation Master Plan (2012) and Conservation Plan (2014) for land and facilities; Milton Transportation Engineer for per mile trail construction costs. Parks & Recreation DRAFT – July 20, 2015 12 Capital Improvements Element mated construction costs using the Engineering News Record’s 10-year average building cost infla- tion (BCI) rate for buildings (community centers) and the average construction cost inflation (CCI) rate for all other projects. All project costs are then reduced to current dollars using the Net Dis- count Rate. Fire Protection DRAFT – July 20, 2015 13 Capital Improvements Element Fire Protection  Introduction Fire protection is provided by the City through its Fire Department. The capital value of fire protec- tion is based upon fire stations, land, and apparatus. Emergency medical services are administered by the Fire Department, but are provided under contract to a private vendor that provides and maintains the ambulances. The Department provides space to house one of the ambulances in Fire Station 43.  Service Area The Fire Department operates as a coordinated system, with each station backing up the other sta- tions in the system. The backing up of another station is not a rare event; it is the essence of good fire protection planning. All stations do not serve the same types of land uses, nor do they all have the same apparatus. It is the strategic placement of personnel and equipment that is the backbone of good fire protection. Any new station would relieve some of the demand on the other stations. Since the stations would continue to operate as ‘backups’ to the other stations, everyone in the city would benefit by the construction of a new station since it would reduce the ‘backup’ times the sta- tion nearest to them would be less available. For these reasons the entire city is considered a sin- gle service area for the provision of fire protection because all residents and employees within this area have equal access to the benefits of the program. Table 8: Inventory of Fire Protection Facilities Currently, fire protection is provided by fa- cilities with a combined square footage of 21,747, utilizing a total of 16 vehicles (that is, vehicles having a service life of 10 years or more). Eight of the vehicles are heavy vehicles providing fire and rescue services and 8 are general support vehicles. In addition, this year the City has installed 10 emergency warning sirens throughout the city. Since the coverage of each siren is related to geographical area (i.e., how far away can the siren be heard), it is estimat- ed that all 10 will serve the entire city to 2035 at an expected life of 20 years. Table 8 presents the current inventory of Fire Department facilities, vehicles and si- rens.  Level of Service The level of service for fire protection in Mil- ton is measured in terms of the number of heavy and general vehicles, the number of square feet of fire station space and the number of emergency warning sirens, per day/night population in the service area. Existing Square Feet Existing Number Fire Stations Fire Station 41 6,581 Fire Station 42 3,600 Fire Station 43 11,566 Total Square Feet 21,747 Heavy Vehicles* Fire Engines 4 Ladder Trucks 1 Air Trailer 1 Medical Rescue Unit 1 TLAER** Vehicle 1 Total Heavy Vehicles 8 General Vehicles* Battalion Incident Command Vehicle 1 Support Vehicle 1 Administration Vehicles 6 Total General Vehicles 8 Other Emergency Warning Sirens 10 * ** Description Vehicles having a service life of 10 years or more. Technical Large Animal Emergency Rescue Fire Protection DRAFT – July 20, 2015 14 Capital Improvements Element Day/night population is used as a measure in that fire protection is a 24-hour service provided con- tinuously to both residences and businesses in the service area. Table 9 presents the calculation of the current level of service. Table 9: Current Level of Service Calculation The level of service calculated for the Department’s occupied floor area and vehicles are based on the current day/night population. This level of ser- vice will be projected forward to 2035 to determine future improvements needed to serve new growth while maintaining the current level of service enjoyed citywide. The level of service for the sirens, how- ever, is different. Since the current complement of sirens is expected to serve the city for the next 20 years, the level of service is calculated based on the 2035 day/night population. In es- sence working backwards, new growth’s share of the total expense can be de- termined (as shown in the following Section). Facility Service Population* Level of Service 10 74,851 0.000134 43,831 Existing General Vehicles Existing Heavy Vehicles 2014 Day/Night Population General Vehicle per Day/Night Population 8 43,831 0.000183 Existing Square Feet 2014 Day/Night Population Square Feet per Day/Night Population 43,83121,747 2014 Day/Night Population Heavy Vehicle per Day/Night Population 8 0.4962 0.000183 Existing Emergency Warning Sirens 2035 Day/Night Population Emergency Warning Sirens per Day/Night Population * The current level of service for the emergency warning sirens is based on the total 2035 day/night population, as the existing sirens w ill serve the City for the next 20 years. Fire Protection DRAFT – July 20, 2015 15 Capital Improvements Element  Forecasts for Service Area Future Demand The Level of Service standards from Table 9 are multiplied by the forecasted day/night population increase to produce the expected future demand in Table 10. As discussed in the previous Section, the current level of service is used to calculate future demand for space expansion and new vehi- cles, while new growth’s share of the 10 emergency warning sirens is based on the level of service that will exist in 2035, covering both existing and future populations. The result, for the sirens, is that 41.44% of the sirens specifically serve future growth and development The ‘day/night population increase’ figures are taken from Table 2: Service Area Forecasts. Table 10: Future Demand Calculation Because only ‘whole’ vehicles can be purchased, ‘more’ new vehicles need to be added than are technically demand- ed by new growth. Thus, while 6 heavy vehicles and 6 general vehicles need to be acquired to cover expansion of the fleet to meet the needs of future growth and development, one of each type of vehicle will not be 100% eligible. In ad- dition, one more vehicle in each catego- ry is proposed to be acquired over the 20-year period, which would not be im- pact fee eligible at this time. The addi- tional vehicles and the portions of the 6th vehicles will, however, provide ser- vice to growth beyond 2035, if any, and can be funded through a future exten- sion of the City’s impact fee program at that time if warranted. Level of Service Future Population New Growth Demand *** New growth's 'share' of the 10 sirens is 4.144 (or 41.44% of the total 10). 4.144 Net New Heavy Vehicles Demanded* 0.000134 31,020 0.000183 31,020 Square Feet per Day/Night Population General Vehicle per Day/Night Population Day/Night Population Increase (2014-35) Net New Square Feet Demanded Heavy Vehicle per Day/Night Population Day/Night Population Increase (2014-35) Day/Night Population Increase (2014-35) Net New General Vehicles Demanded** 31,0200.4962 Number of Sirens for New Growth*** 5.66231,0200.000183 15,391 5.662 Emergency Warning Sirens per Day/Night Population Day/Night Population Increase (2014-35) * 6 heavy vehicles will have to be added to the inventory, one of which will only be 94.4% eligible for impact fee funding. (7 are proposed) ** 6 general vehicles will have to be added to the inventory, one of which will only be 94.4% eligible for impact fee funding. (7 are proposed) Fire Protection DRAFT – July 20, 2015 16 Capital Improvements Element Table 11 and Table 12 provide an annual breakdown of the future demand for stations and equip- ment following the adopted level of service standards. The facility projects shown in Table 11 are based on the City’s desire to increase the inventory of fire protection facilities in a balanced way; the final projects could be reconfigured, with 15,391 square feet ultimately being impact fee eligi- ble. Of the 10 emergency warning sirens recently installed, only the portion that is eligible for im- pact fee consideration is shown to serve new growth. Table 11: Future Fire Protection Facility Projects The total demand figures in Table 12 reflect the ‘overage’ between the vehicles to be acquired and the ‘technical’ demand created by new growth. Year Project Eligible Number 2014 0 0 0 Emergency Warning Sirens* 4.144 2015 1,848 917 917 Storage Facility 1,190 1,190 2016 1,848 917 1,834 2017 1,882 934 2,768 Fire Station 42 Replacement** 6,000 2,400 2018 1,880 933 3,700 2019 1,879 932 4,633 Training Facility (sf equivalent) 1,801 1,801 2020 1,877 931 5,564 2021 1,864 925 6,489 2022 1,860 923 7,412 Westside Fire Station 6,000 6,000 2023 1,859 922 8,334 2024 1,857 921 9,255 2025 1,854 920 10,175 2026 1,863 924 11,099 2027 1,861 923 12,023 2028 1,860 923 12,946 2029 1,859 922 13,868 2030 1,857 921 14,789 2031 1,859 922 15,712 Hwy 9 Fire Station 6,000 4,000 2032 1,859 922 16,634 2033 1,856 921 17,555 2034 1,858 922 18,477 2035 1,857 921 19,398 39,097 19,398 20,991 15,391 4.14 * Only the impact fee eligible sirens are shown, of the total 10 sirens installed. Day/Night Population Increase Running Total: Square Feet Needed Square Feet Demanded (annual) Eligible Square Footage Total Sq Feet Proposed ** 6000 sf fire station replaces an existing 3600 square foot station. Only the increase in floor area (2400 sf) is therefore i mpact fee eligible. Fire Protection DRAFT – July 20, 2015 17 Capital Improvements Element Table 12: Future Vehicles Proposed Future Costs The future facility floor area and the number of vehicles needed to meet the demand created by new growth and development in the future are transferred from Table 11 and Table 12 to Table 13, including the years in which the various improvements are anticipated to be needed. Estimated improvement costs (in 2014 dollars) are based on the following: For new facility space, prevailing construction costs averaging $210 per square foot are used, re- flecting cost estimates provided by the Fire Department. Note that a portion of the fire station pro- ject shown in the year 2017 is not impact fee eligible. The project—shown in Table 13 with its full square footage figure (compare to Table 11)—is a mixture of replacement space and new space. Only the net new space serves new growth and is thus impact fee eligible. For heavy vehicles, costs were averaged among the various vehicle categories to determine the average per vehicle cost for the fleet. The same methodology was used to determine general vehi- cle costs. These figures, rounded to $443,500 and $38,200 for heavy vehicles and general vehi- cles, respectively, were used in order to preserve flexibility in the determination of which specific vehicles to acquire in the future. For the emergency warning sirens, the actual 2014 cost of purchase and installation is shown. Year Day/Night Population Increase New Vehicles Demanded (annual) Running Total New Vehicles New Vehicles Demanded (annual) Running Total New Vehicles 2014 0 0.000 0.000 0.000 0.000 2015 1,611 0.294 0.294 0.294 0.294 1 2016 1,610 0.294 0.588 1 0.294 0.588 2017 1,616 0.295 0.883 0.295 0.883 1 2018 1,597 0.291 1.174 1 0.291 1.174 2019 1,582 0.289 1.463 0.289 1.463 2020 1,564 0.285 1.749 0.285 1.749 1 2021 1,547 0.282 2.031 1 0.282 2.031 2022 1,530 0.279 2.310 0.279 2.310 2023 1,514 0.276 2.586 0.276 2.586 1 2024 1,498 0.273 2.860 1 0.273 2.860 2025 1,479 0.270 3.130 0.270 3.130 2026 1,463 0.267 3.397 0.267 3.397 2027 1,447 0.264 3.661 1 0.264 3.661 1 2028 1,430 0.261 3.922 0.261 3.922 2029 1,411 0.258 4.180 0.258 4.180 2030 1,396 0.255 4.434 1 0.255 4.434 2031 1,379 0.252 4.686 0.252 4.686 1 2032 1,362 0.249 4.935 0.249 4.935 2033 1,345 0.245 5.180 1 0.245 5.180 2034 1,328 0.242 5.422 0.242 5.422 1 2035 1,311 0.239 5.662 0.239 5.662 31,020 5.662 7 5.662 7 Heavy Vehicles General Vehicles Fire Protection DRAFT – July 20, 2015 18 Capital Improvements Element The total cost figures are then converted to ‘impact fee cost (2014)’ dollars based on the percent- age that each improvement is impact fee eligible. Note that this affects the ‘overage’ portion of the vehicles that resulted from rounding up to whole numbers and the two additional vehicles that are not impact fee eligible, as well as new growth’s share of the sirens and the fire station expansion. Table 13: Project Costs to Meet Future Demand The Net Present Value of the cost estimates for new building construction are calculated by increas- ing the current (2014) estimated construction costs using the Engineering News Record’s 10-year average building cost inflation (BCI) rate, and then discounting this future amount back to 2014 dollars using the Net discount Rate. For non-construction improvements (all vehicles) the currently estimated costs are inflated to their target years using the 10-year average CPI and then reduced using the Net Discount Rate to produce the Net Present Value. Year Facilities (Sq Feet)* Warning Sirens** Heavy Vehicles General Vehicles Buildings Equipment Net Present Value 2014 - 10 - - -$ 216,329$ 41.44% 89,646.74$ 89,646.74$ 2015 1,190 - - 1 249,900$ 38,200$ 100.00% 100.00% 288,100.00$ 305,706.20$ 2016 - - 1 - -$ 443,500$ 100.00% 443,500.00$ 453,066.46$ 2017 6,000 - - 1 1,260,000$ 38,200$ 40.00% 100.00% 542,200.00$ 595,140.00$ 2018 - - 1 - -$ 443,500$ 100.00% 443,500.00$ 462,839.28$ 2019 1,801 - - - 378,210$ -$ 100.00% 378,210.00$ 430,176.66$ 2020 - - - 1 -$ 38,200$ 100.00% 38,200.00$ 40,725.67$ 2021 - - 1 - -$ 443,500$ 100.00% 443,500.00$ 477,895.17$ 2022 6,000 - - - 1,260,000$ -$ 100.00% 1,260,000.00$ 1,501,562.50$ 2023 - - - 1 -$ 38,200$ 100.00% 38,200.00$ 42,050.45$ 2024 - - 1 - -$ 443,500$ 100.00% 443,500.00$ 493,440.83$ 2025 - - - - -$ -$ -$ -$ 2026 - - - - -$ -$ -$ -$ 2027 - - 1 1 -$ 481,700$ 100.00% 481,700.00$ 553,376.28$ 2028 - - - - -$ -$ -$ -$ 2029 - - - - -$ -$ -$ -$ 2030 - - 1 - -$ 443,500$ 94.36% 418,497.41$ 496,408.38$ 2031 6,000 - - 1 1,260,000$ 38,200$ 66.67% 94.36% 876,046.45$ 1,194,623.89$ 2032 - - - - -$ -$ -$ -$ 2033 - - 1 - -$ 443,500$ 0.00% -$ -$ 2034 - - - 1 -$ 38,200$ 0.00% -$ -$ 2035 - - - - -$ -$ -$ -$ ** All 10 existing emergency warning sirens are shown, of which 4.144 (41.44%) are impact fee eligible. $21,633 Improvements Proposed $443,500 6,184,800.60$ 7,136,658.50$ * Total square footage is shown for the fire station replacement project in year 2017; the amount of facility space that replaces the previous facility (3600 sf) is not impact fee eligible (only net new square footage is eligible). $38,200$210Avg Cost per Unit % Impact Fee Eligible $7,996,339.00 Total Impact Fee Cost (2014) Total Equipment Cost in 2014 Dollars Total Building Cost in 2014 Dollars Law Enforcement DRAFT – July 20, 2015 19 Capital Improvements Element Law Enforcement  Introduction The Milton Police Department provides primary law enforcement throughout the city. Through a variety of active law enforcement, community outreach and educational programs, the Police De- partment serves all of the population and employees within the city.  Service Area The city is considered a single service area for the provision of primary law enforcement services because all residents and employees in the city have equal access to the benefits of the program.  Level of Service The Police Department currently occupies leased facility space, which includes square footage for administration, operations, evidence storage, and general storage. The Police Department has out- grown this space and is slated to relocate to a larger facility. Construction of the City of Milton Law Enforcement Center is proposed in the near future, and will accommodate all City law enforcement staff and functions. Statistics for the proposed facility are shown in Table 14. Table 14: Planned Law Enforcement Space Table 15: Current Level of Service Calculation Table 15 presents a calculation of the level of service, based on the planned, new facility space and the future (2035) day/night population. Day/night population is used as a measure in that law enforcement services are provided to both residences and businesses in the service area. The new Law Enforcement Center is ex- pected to serve the current and future population to 2035. Proposed Square Feet Law Enforcement Center 20,000 Description Facility Service Population Level of Service 2035 Day/Night Population Square Feet per Day/Night Population Proposed Square Feet 20,000 74,851 0.2672 Law Enforcement DRAFT – July 20, 2015 20 Capital Improvements Element  Forecasts for Service Area Future Demand Since the Law Enforcement Center is needed now to relieve overcrowded conditions and will serve future needs for years to come, the portion of the expansion that will specifically meet the needs of new growth and development must be determined. Table 16: Future Demand Calculation In Table 16, the facility space LOS standard from Table 15 is multiplied by the forecasted day/night population increase to produce the expected future demand in square feet. This is 41.44% of the total to be con- structed. Table 17: Law Enforcement Center Project Costs Future Costs Future cost to meet the im- provements demanded by new growth to 2035 is shown in Table 17, which also indicates the year in which system im- provement project phases are proposed. Estimated improvement costs (in 2014 dollars) are based on construction costs averaging $210 per square foot. The price per square foot reflects cost estimates provided by the City. The total cost figures are then converted to ‘impact fee cost (2014)’ dollars based on the percentage that each im- provement is impact fee eligi- ble. Note that a portion of project costs are not impact fee eligi- ble. Of the 20,000 square foot facility, 8,288 square feet is impact fee eligible as calculat- ed on Table 16 (which is 41.44 Level of Service Future Population New Growth Demand New Growth Share of Total Percent Impact Fee Eligible Day/Night Population Increase (2014-35) Net New Square Feet for New Growth Square Feet per Day/Night Population 0.2672 31,020 8,288 41.44% Year Total Cost in 2014 Dollars* Impact Fee Eligible Impact Fee Cost (2014) Net Present Value 2014 -$ -$ -$ 2015 -$ -$ -$ 2016 30,000.00$ 41.44% 12,432.70$ 12,825.42$ 2017 -$ -$ -$ 2018 -$ -$ -$ 2019 1,600,000.00$ 41.44% 663,077.31$ 716,686.51$ 2020 2,495,000.00$ 41.44% 1,033,986.19$ 1,135,096.56$ 2021 -$ -$ -$ 2022 -$ -$ -$ 2023 -$ -$ -$ 2024 -$ -$ -$ 2025 -$ -$ -$ 2026 -$ -$ -$ 2027 -$ -$ -$ 2028 -$ -$ -$ 2029 -$ -$ -$ 2030 -$ -$ -$ 2031 -$ -$ -$ 2032 -$ -$ -$ 2033 -$ -$ -$ 2034 -$ -$ -$ 2035 -$ -$ -$ * Source: City of Milton FY 2015 Budget, Capital Improvement Program 2015-2021. 1,864,608.49$ Cost Calculations 1,709,496.20$ 4,125,000.00$ Law Enforcement DRAFT – July 20, 2015 21 Capital Improvements Element percent of the total). This percentage is applied to the cost of the new facility on Table 17 to de- termine the amount that could be collected in an impact fee program. In turn, the amounts that are impact fee eligible (in 2014 dollars) are converted to Net Present Value. The Net Present Value of the cost estimate for the building expansion is calculated by increasing the current (2014) estimated construction costs using the Engineering News Record’s 10-year av- erage building cost inflation (BCI) rate, and then discounting this future amount back to 2014 dol- lars using the Net Discount Rate. For the communications equipment upgrade, the Consumer Price Index (CPI) is used. (The approaches to calculating NPV are explained in detail in the Cost Adjust- ments and Credits Section of this report.) Road Improvements DRAFT – July 20, 2015 22 Capital Improvements Element Road Improvements  Introduction The information in this chapter is derived from road project information contained in the Milton Capital Improvement Plan 2015—2021 (the “CIP”) and project data for future years based on the City’s Comprehensive Transportation Plan.  Service Area The service area for these road projects is defined as the entire city, in that these road projects are recognized as providing primary access to all properties within the city as part of the citywide net- work of principal streets and thoroughfares. All new development within the city will be served by this citywide network, such that improvements to any part of this network to relieve congestion or to otherwise improve capacity will positively affect capacity and reduce congestion throughout the city.  Level of Service Standards Level of Service for roadways and intersections is measured on a ‘letter grade’ system that rates a road within a range of service from A to F. Level of Service A is the best rating, representing unen- cumbered travel; Level of Service F is the worst rating, representing heavy congestion and long delays. This system is a means of relating the connection between speed and travel time, freedom to maneuver, traffic interruption, comfort, convenience and safety to the capacity that exists in a roadway. This refers to both a quantitative measure expressed as a service flow rate and an as- signed qualitative measure describing parameters. The Highway Capacity Manual, Special Report 209, Transportation Research Board (1985), defines Level of Service A through F as having the fol- lowing characteristics during peak hours at an intersection: 1. LOS A: free flow, excellent level of freedom and comfort; 2. LOS B: stable flow, decline in freedom to maneuver, desired speed is relatively unaffected; 3. LOS C: stable flow, but marks the beginning of users becoming affected by others, selection of speed and maneuvering becomes difficult, comfort declines at this level; 4. LOS D: high density, but stable flow, speed and freedom to maneuver are severely restrict- ed, poor level of comfort, small increases in traffic flow will cause operational problems; 5. LOS E: at or near capacity level, speeds reduced to low but uniform level, maneuvering is extremely difficult, comfort level poor, frustration high, level unstable; and 6. LOS F: forced/breakdown of flow. The amount of traffic approaching a point exceeds the amount that can transverse the point. Queues form, stop & go. Arrival flow exceeds dis- charge flow. The traffic volume that produces different Level of Service grades differs according to road type, size, signalization, topography, condition and access.  Level of Service The City has set its Level of Service for road improvements at LOS “D” for peak hour intersection operations, a level to which it will strive ultimately. However, interim road improvement projects that do not result in a LOS of “D” will still provide traffic relief to current and future traffic alike, and are thus eligible for impact fee funding. All road improvement projects benefit existing and future traffic proportionally to the extent that relief from over-capacity conditions eases traffic problems for everyone. For example, since new Road Improvements DRAFT – July 20, 2015 23 Capital Improvements Element growth by 2035 will represent a certain portion of all 2035 traffic, new growth would be responsible for that portions’ cost of the road improvements. It is noted that the cost-impact of non-Milton generated traffic on the roads traversing the city (cross commutes) is off-set by state and federal assistance. The net cost of the road projects that accrues to Milton reasonably represents (i.e., is ‘roughly proportional’ to) the impact on the roads by Milton residents and businesses. The basis for the road impact fee would therefore be Milton’s cost for the improvements divided by all traffic in 2035 (existing today plus new growth)—i.e., the cost per trip—times the traffic gener- ated by new growth alone. For an individual land use, the cost per trip (above) would be applied to the number of trips that will be generated by the new development when a building permit is is- sued, assuring that new growth would only pay its ‘fair share’ of the road improvements that serve it.  Forecasts for Service Area Projects that provide road capacity that will serve new growth are shown on Table 18. This is not a list of all City road projects in the CIP. These projects were selected for inclusion in the City’s im- pact fee program because the specific improvements proposed will increase traffic capacity and re- duce congestion to some extent, whether through road widening, improved intersection operations or upgraded signalization. The cost figures shown on Table 18 are in current dollars. These figures are calculated in Net Pre- sent Value and shown on Table 19. The Net Present Value of the cost estimates for road improve- ments are calculated by increasing the current (2014) estimated construction costs using the Engi- neering News Record’s 10-year average construction cost inflation (CCI) rate, and then discounting this future amount back to 2014 dollars using the Net discount Rate. (The approaches to calculat- ing NPV are explained in detail in the Cost Adjustments and Credits chapter of this report.) Road Improvements DRAFT – July 20, 2015 24 Capital Improvements Element Road Project NameEstimated Total CostCity Share*2014 2015 2016 2017 2018 2019 2020 2021 2022Future YearIntersection-Hopewell/Francis/Cogburn 992,103$ 992,103$ 992,103$ -$ -$ -$ -$ -$ -$ -$ -$ Intersection-Deerfield Pkwy @ Morris Rd 334,017$ 85,206$ 85,206 - - - - - - - - Intersection-Bethany @ Cogburn 446,923$ 446,923$ 446,923 - - - - - - - - Intersection-Arnold Mill @ New Providence 1,571,565$ 313,300$ 313,300 - - - - - - - - Intersection-Birmingham @ Providence 4,262,903$ 852,581$ 852,581 Intersection-Hopewell @ Birmingham 1,485,000$ 1,485,000$ 675,000 - - - - - - - Intersection-Crabapple @ Birmingham 5,853,464$ 1,333,464$ 596,474 736,990 - - - - - - - Transportation Master Plan Update 225,000$ 225,000$ 225,000 - - - - - - - McGinnis Ferry Interchange 50,000$ 50,000$ 50,000 - - - - - - - Crabapple NE Connector Rd 2,300,000$ 2,300,000$ 50,000 - - 1,300,000 950,000 - - - Bridge Replacement Program 2,211,172$ 2,211,172$ 261,172 150,000 300,000 300,000 300,000 300,000 300,000 300,000 - Intersection-Freemanville @ Providence & B'ham 2,300,000$ 2,300,000$ 75,000 975,000 75,000 1,100,000 - - - - Intersection-SR9 @ Bethany Bend 225,000$ 165,000$ 15,000 - 150,000 - - - - - - Intersection-Webb Rd Turn Lanes 185,000$ 185,000$ 185,000 - - - - - - - Intersection-Bethany @ Providence 1,460,000$ 1,460,000$ - 60,000 - - - - - 1,400,000 Intersection-Hopewell @ Bethany Bnd/Bethany Way 2,500,000$ 2,500,000$ - - - - - - - 2025Intersection-Hopewell @ Redd Road 120,000$ 120,000$ 120,000 Intersection-Hopewell @ Hamby 1,175,000$ 1,175,000$ - - - - - 75,000 1,100,000 - Intersection-Hopewell @ Thompson 1,175,000$ 1,175,000$ - - - - - - 400,000 775,000 Crabapple SE Connector 150,000$ 150,000$ - - - - - - 150,000 - Hopewell/Hamby Road Widening 26,142,900$ 5,228,580$ 2030Morris Road Widening 7,000,000$ 7,000,000$ 202462,165,047$ 31,753,329$ 3,562,759$ 2,266,990$ 1,485,000$ 375,000$ 2,700,000$ 1,250,000$ 375,000$ 1,950,000$ 2,175,000$ * Total cost minus funds from other sources. Table 18: Road Projects and Estimated Costs – Current Dollars Road Improvements DRAFT – July 20, 2015 25 Capital Improvements Element Road Project Name 2014 2015 2016 2017 2018 2019 2020 2021 2022Future YearIntersection-Hopewell/Francis/Cogburn 992,103$ -$ -$ -$ -$ -$ -$ -$ -$ 992,103$ Intersection-Deerfield Pkwy @ Morris Rd 85,206 - - - - - - - - 85,206 Intersection-Bethany @ Cogburn 446,923 - - - - - - - - 446,923 Intersection-Arnold Mill @ New Providence 313,300 - - - - - - - - 313,300 Intersection-Birmingham @ Providence 852,581 - - - - - - - - 852,581 Intersection-Hopewell @ Birmingham - 693,135 - - - - - - - 693,135 Intersection-Crabapple @ Birmingham 596,474 756,790 - - - - - - - 1,353,264 Transportation Master Plan Update - 231,045 - - - - - - - 231,045 McGinnis Ferry Interchange - 51,343 - - - - - - - 51,343 Bridge Replacement Program - 51,343 - - 1,445,434 1,084,657 - - - 2,581,435 Bridge Replacement Program 261,172 154,030 316,336 324,835 333,562 342,523 351,725 361,175 - 2,445,358 Intersection-Freemanville @ Providence & B'ham - 77,015 1,028,092 81,209 1,223,060 - - - - 2,409,376 Intersection-SR9 @ Bethany Bend 15,000 - 158,168 - - - - - - 173,168 Intersection-Webb Rd Turn Lanes - 189,970 - - - - - - - 189,970 Intersection-Bethany @ Providence - - 63,267 - - - - - 1,730,765 1,794,032 Intersection-Hopewell @ Bethany Bnd/Bethany Way - - - - - - - - - 3,346,504 3,346,504 Intersection-Hopewell @ Redd Road - 123,224 - - - - - - - 123,224 Intersection-Hopewell @ Hamby - - - - - - 87,931 1,324,308 - 1,412,239 Intersection-Hopewell @ Thompson - - - - - - - 481,566 958,102 1,439,668 Crabapple SE Connector - - - - - - - 180,587 - 180,587 Hopewell/Hamby Road Widening - - - - - - - - - 7,991,049 7,991,049 Morris Road Widening - - - - - - - - - 9,125,057 9,125,057 3,562,759$ 2,327,895$ 1,565,864$ 406,043$ 3,002,056$ 1,427,180$ 439,657$ 2,347,637$ 2,688,867$ 20,462,610$ 38,230,567$ * Net Present Value = 2014 cost estimate inflated to target year using the ENR Construction Cost Index, reduced to 2014 NPV using the Discount Rate.Planned Funding Estimates Future ExpendituresEstimated Total Cost NPV* Table 19: Road Projects and Estimated Costs – Net Present Value Road Improvements DRAFT – July 20, 2015 26 Capital Improvements Element Project Total Cost NPV % Impact Fee Eligible* New Growth Cost Intersection-Hopewell/Francis/Cogburn 992,103$ 40.1% 397,918.39$ Intersection-Deerfield Pkwy @ Morris Rd 85,206 40.1% 34,174.91$ Intersection-Bethany @ Cogburn 446,923 40.1% 179,254.45$ Intersection-Arnold Mill @ New Providence 313,300 40.1% 125,660.17$ Intersection-Birmingham @ Providence 852,581 40.1% 341,958.10$ Intersection-Hopewell @ Birmingham 693,135 40.1% 278,006.39$ Intersection-Crabapple @ Birmingham 1,353,264 40.1% 542,774.90$ Transportation Master Plan Update 231,045 40.1% 92,668.80$ McGinnis Ferry Interchange 51,343 40.1% 20,593.07$ Bridge Replacement Program 2,581,435 40.1% 1,035,376.64$ Bridge Replacement Program 2,445,358 40.1% 980,798.32$ Intersection-Freemanville @ Providence & B'ham 2,409,376 40.1% 966,366.34$ Intersection-SR9 @ Bethany Bend 173,168 40.1% 69,455.24$ Intersection-Webb Rd Turn Lanes 189,970 40.1% 76,194.34$ Intersection-Bethany @ Providence 1,794,032 40.1% 719,560.72$ Intersection-Hopewell @ Bethany Bnd/Bethany Way 3,346,504 40.1% 1,342,234.96$ Intersection-Hopewell @ Redd Road 123,224 40.1% 49,423.36$ Intersection-Hopewell @ Hamby 1,412,239 40.1% 566,429.05$ Intersection-Hopewell @ Thompson 1,439,668 40.1% 577,430.53$ Crabapple SE Connector 180,587 40.1% 72,431.05$ Hopewell/Hamby Road Widening 7,991,049 40.1% 3,205,096.16$ Morris Road Widening 9,125,057 40.1% 3,659,930.39$ 38,230,567$ 15,333,736$ * See the Methodology - Trip Generation section in the Technical Appendix.  Eligible Costs As discussed thoroughly in the Methodology—Trip Generation section of the Technical Appendix, new growth and development will represent 40.1% of the traffic on Milton’s road network in 2035. To that extent, new growth’s fair share of the road project costs that are attributed to new growth are shown on the following table. Table 20: Eligible Cost Calculation Exemption Policy DRAFT – July 20, 2015 27 Capital Improvements Element Exemption Policy The Georgia Development Impact Fee Act provides that the City’s “impact fee ordinance may ex- empt all or part of particular development projects from development impact fees if: (1) Such projects are determined to create extraordinary economic development and employ- ment growth or affordable housing; (2) The public policy which supports the exemption is contained in the [city's] comprehensive plan; and (3) The exempt development project's proportionate share of the system improvement is funded through a revenue source other than development impact fees.” The following Exemption Policy is included in this CIE and thus becomes part of the City’s Compre- hensive Plan: The City of Milton recognizes that certain office and retail trade development projects provide extraordinary benefit in support of the economic advancement of the city’s citi- zens over and above the access to jobs, goods and services that such uses offer in gen- eral. To encourage such development projects, the Mayor and City Council may consid- er granting a reduction in the impact fee for such a development project upon the de- termination and relative to the extent that the business or project represents extraordi- nary economic development and employment growth of public benefit to Milton, in ac- cordance with exemption criteria the City may adopt. It is also recognized that the cost of system improvements otherwise foregone through exemption of any impact fee must be funded through revenue sources other than impact fees. While this policy provides that exemption criteria may be approved by the City Council as part of its Impact Fee Ordinance, the adoption of such criteria is elective on the part of the City Council and may or may not be activated through inclusion in the Ordinance. Glossary DRAFT – July 20, 2015 28 Capital Improvements Element Glossary The following terms are used in the Impact Fee Methodology Report. Where possible, the defini- tions are taken directly from the Development Impact Fee Act. Capital improvement: an improvement with a useful life of ten years or more, by new construc- tion or other action, which increases the service capacity of a public facility. Capital improvements element: a component of a comprehensive plan adopted pursuant to Chapter 70 of the Development Impact Fee Act which sets out projected needs for system im- provements during a planning horizon established in the comprehensive plan, a schedule of capital improvements that will meet the anticipated need for system improvements, and a description of anticipated funding sources for each required improvement. Development: any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any change in the use of land, any of which creates additional demand and need for public facilities. Development impact fee: a payment of money imposed upon development as a condition of de- velopment approval to pay for a proportionate share of the cost of system improvements needed to serve new growth and development. Eligible facilities: capital improvements in one of the following categories: (A) Water supply production, treatment, and distribution facilities; (B) Waste-water collection, treatment, and disposal facilities; (C) Roads, streets, and bridges, including rights of way, traffic signals, landscaping, and any local components of state or federal highways; (D) Storm-water collection, retention, detention, treatment, and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements; (E) Parks, open space, and recreation areas and related facilities; (F) Public safety facilities, including police, fire, emergency medical, and rescue facilities; and (G) Libraries and related facilities. Impact Cost: the proportionate share of capital improvements costs to provide service to new growth, less any applicable credits. Impact Fee: the impact cost plus surcharges for program administration and recoupment of the cost to prepare the Capital Improvements Element. Level of service: a measure of the relationship between service capacity and service demand for public facilities in terms of demand to capacity ratios or the comfort and convenience of use or ser- vice of public facilities or both. Project improvements: site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project and are not system improvements. The character of the im- provement shall control a determination of whether an improvement is a project improvement or system improvement and the physical location of the improvement on site or off site shall not be considered determinative of whether an improvement is a project improvement or a system im- provement. If an improvement or facility provides or will provide more than incidental service or Glossary DRAFT – July 20, 2015 29 Capital Improvements Element facilities capacity to persons other than users or occupants of a particular project, the improvement or facility is a system improvement and shall not be considered a project improvement. No im- provement or facility included in a plan for public facilities approved by the governing body of the municipality or county shall be considered a project improvement. Proportionate share: means that portion of the cost of system improvements which is reasonably related to the service demands and needs of the project. Rational Nexus: the clear and fair relationship between fees charged and services provided. Service area: a geographic area defined by a municipality, county, or intergovernmental agree- ment in which a defined set of public facilities provide service to development within the area. Ser- vice areas shall be designated on the basis of sound planning or engineering principles or both. System improvement costs: costs incurred to provide additional public facilities capacity needed to serve new growth and development for planning, design and engineering related thereto, includ- ing the cost of constructing or reconstructing system improvements or facility expansions, including but not limited to the construction contract price, surveying and engineering fees, related land ac- quisition costs (including land purchases, court awards and costs, attorneys’ fees, and expert wit- ness fees), and expenses incurred for qualified staff or any qualified engineer, planner, architect, landscape architect, or financial consultant for preparing or updating the capital improvement ele- ment, and administrative costs, provided that such administrative costs shall not exceed 3 percent of the total amount of the costs. Projected interest charges and other finance costs may be includ- ed if the impact fees are to be used for the payment of principal and interest on bonds, notes, or other financial obligations issued by or on behalf of the municipality or county to finance the capital improvements element but such costs do not include routine and periodic maintenance expendi- tures, personnel training, and other operating costs. System improvements: capital improvements that are public facilities and are designed to pro- vide service to the community at large, in contrast to ‘project improvements.’ Technical Appendix DRAFT – July 20, 2015 30 Capital Improvements Element Technical Appendix The following pages contain:  Methodology – Population Forecasts  Methodology – Housing and Employment Forecasts  Methodology – Trip Generation Technical Appendix A-1 Population Forecasts: 2014 – 2035 Methodology—Population Forecasts The purpose of this analysis is to develop population forecasts for use in establishing Level of Ser- vice calculations for the City’s impact fee program. The population forecasts will subsequently in- fluence the housing unit and employment forecasts that will also be used in the Level of Service calculations. To accomplish this, a variety of projection approaches were prepared for consideration. Data from both the US Bureau of the Census and the Atlanta Regional Commission were considered, as well as countywide forecasts prepared by Woods & Poole Economics, Inc. The various approaches presented in the attached Analysis are: • 2000–2013 Census population data projected to 2040 on a “straight line” basis for each city in North Fulton County—called the Linear Trend approach. • 2000–2013 Census population data projected to 2040 for each North Fulton city assuming that the ARC Plan 2040 North Fulton projections are incorrect by the same increment as “straight line” determined for 2016 (ARC’s first “base” year)—called the Linear Shift ap- proach. • 2000–2013 Census population data projected to 2040 on a “curved line” basis for each city in North Fulton County as 2nd-order regression—called the Growth Trend. • 2000–2013 Census population data projected to 2040 assuming that the ARC Plan 2040 North Fulton projections are incorrect by the same increment as determined for 2016 using the growth trend figure—called the Growth Shift. • The percentage share of countywide population projected for each North Fulton city taken against the ARC Plan 2040 forecasts and those of Woods & Poole Economics, Inc. • Finally, the capacity of the city to accommodate future development was considered, based on policies in place regarding residential densities and land conservation initiatives. Note that, in order to maintain data consistency with available data sources, the period 2000-2040 is used in preparing the forecasts. However, for the impact fee program, the 20-year period 2014- 2035 will be used. Historic Trends Since 2000, the city’s popu- lation growth has far ex- ceeded its North Fulton neighbors. During these past 13 years, (if the Census Bu- reau’s 2000 estimate is ac- curate) Milton’s population has more than doubled (in- creasing 124%) at an aver- age annual rate of a little over 9.5%. During this same period, Alpharetta and John’s Creek kept pace with North Fulton as a whole with per- 2000 2013 Number Percent Avg/Year Percent Avg/Year Alpharetta 47,229 62,298 15,069 31.91% 2.45% -1.09% -0.08% Johns Creek 61,522 82,788 21,266 34.57% 2.66% 0.91% 0.07% Milton 16,035 35,907 19,872 123.93% 9.53% 67.92% 5.22% Mountain Park (pt.) 518 576 58 11.20% 0.86% -16.62% -1.28% Roswell 81,361 94,034 12,673 15.58% 1.20% -13.33% -1.03% Total - North Fulton 206,665 275,603 68,938 33.36% 2.57% 100.00% n/a Year 2000 population for Milton and Johns Creek estimated by US Bureau of the Census. Increase Share of North Fulton Comparative Growth Rates - North Fulton Cities Technical Appendix A-2 Population Forecasts: 2014 – 2035 centage increases in the low-mid 30s, while Roswell and Mt. Park notably lagged with 16% and 11% increases, respectively (yielding average annual growth rates around 1%). During this same period, Milton’s share of the North Fulton population grew almost 68%, from 7.76% in 2000 to 13.03% in 2013 (increasing its share at an average annual rate of a little over 5.2%). Two of its neighbors—Mt. Park and Roswell—saw their share of North Fulton notably re- duced, while Alpharetta and John’s Creek barely held their own. Given the limitations on developable land resources in its neighboring North Fulton cities, continu- ing market pressures for residential growth, quality public services both existing and planned, and the ambience clearly established in Milton’s many fine neighborhoods, growth—at least managed growth—is expected to continue throughout the projection period. Recommendation While there is considerable divergence among the various approaches considered in the attached Analysis, we have focused on the Build-out Capacity, the Linear Trend, and the County Share ap- proach using the Woods & Poole countywide figures, for further consideration. The table and graph below show these three scenarios, while the Analysis that follows provides a detailed description of the many and various approaches that were prepared and the methodologies and data used Bottom line: the Build-out Capacity approach is recommended as the basis for the City’s Impact Fee Program because it fully recognizes the limited amount of available land for development when the City’s land conservation policies are taken into consideration, as well as City policies regarding future development densities and the potential for TDRs. Approach 2014 2020 2025 2030 2035 Increase Percent Avg/Year City of Milton - 2014-2035 2014 36,060 38,508 39,180 2015 37,385 40,140 40,966 2016 38,710 41,773 42,783 2017 40,039 43,405 44,630 2018 41,353 45,038 46,507 2019 42,654 46,671 48,413 2020 43,941 48,303 50,345 2021 45,214 49,936 52,307 2022 46,473 51,568 54,295 2023 47,718 53,201 56,307 2024 48,950 54,834 58,346 2025 50,167 56,466 60,406 2026 51,371 58,099 62,490 2027 52,561 59,732 64,597 2028 53,737 61,364 66,724 2029 54,899 62,997 68,869 2030 56,047 64,629 71,034 2031 57,181 66,262 73,219 2032 58,302 67,895 75,421 2033 59,408 69,527 77,643 2034 60,501 71,160 79,882 2035 61,580 72,792 82,135 70.8% 3.54% Buildout Capacity 61,58056,04750,16743,94136,060Buildout Capacity 4.45% Percent of County (W&P) 42,95539,180 50,345 60,406 71,034 82,135 109.6% 89.0%34,28572,79264,62956,466 5.48% 25,520 Recommended Alternate Population Forecasts 2014 - 2035 Change Linear Trend % of County (W&P) Linear Trend 48,30338,508 35,000 40,000 45,000 50,000 55,000 60,000 65,000 70,000 75,000 80,000 85,000 Linear Trend % of County (W&P)Buildout Capacity Technical Appendix A-3 Population Forecasts: 2014 – 2035 The reasons for our recommendation are: The Linear Trend and the County Share approaches reflect residential growth potential that could only be achieved if City policies change in the future, and therefore should be viewed more as ‘market demand’ potential than most likely growth outcomes. Between the two, the Linear Trend forecast is more favored because it directly relies on historic city population data and trends (as estimated by the Census Bureau) and is somewhat more defensible than tying the city’s future growth to that of the whole county. The Linear Trend and the County Share approaches are both unconstrained by land availability and would rely on rezoning approvals not contemplated in the City’s Comprehensive Plan. In contrast, the Build-out Capacity approach recognizes the limited amount of available land for development when the City’s land conservation policies are taken into consideration, along with the potential for transfers of development rights recommended in the Conservation Plan, as well as the City’s poli- cies regarding future development densities within areas that are currently provided with sanitary sewer service and within areas that are not, and will not, be sewered. In our view, the Build-out Capacity forecasts are the most consistent with current planning policies incorporated into the City’s Comprehensive Plan, including development policies regarding future residential densities, which are summarized in the Plan’s vision statement: Milton is a distinctive community embracing small town life and heritage while preserving and enhancing our rural character. Further support for the Build-out Capacity approach is that it reflects the City’s emerging policies for land conservation embodied in the Conservation Plan, which limits the amount of land available for development, and further being considered in the creation of a conservation subdivision alter- native for residential development. Technical Appendix A-4 Population Forecasts: 2014 – 2035 An Analysis of Population ForecastsCity of Milton Historic Population Growth The lowest common geographic denominator with ARC’s Plan 2040 forecasts is all of Fulton County north of the Chattahoochee River (which consists of two ARC “superdistricts” – neither of which ac-tually coincides with city limit lines). Thus, fore-casts have to be made for each of the five cities that comprise North Fulton in order to compare growth in the area, overall, to ARC forecasts. Secondly, since ARC figures are not given for 2035, the forecasts have to extend to 2040 for comparability. Table 1 shows the latest population estimates for each year between 2000 and 2013, for each city in North Fulton County, prepared by the Census Bureau as part of their Annual Estimates pro-gram. These particular figures are from the Inter-censal Estimates for 2000-2009 (the Bureau re-vises its annual estimates for each decade after a Decennial Census to correct individual errors) and from the Census Bureau’s Annual Estimates Pro-gram for 2010, 2011, 2012 and 2013. (When the 2013 estimates were published, 2010 was slightly revised.) It is important to note that Census Bureau esti-mates are made as of July 1 of each year, so they differ slightly from the Decennial Census figures for 2000 and 2010, which were taken as of April 1.Also shown on Table 1 is each North Fulton city’s percentage of the total North Fulton population each year. Following that, the total population of Fulton County for each year is shown, followed by each city’s percentage of the total Fulton County population each year. These percentages are used later in different forecasting scenarios. Table 1: Population Estimates 2000 - 20132000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010** 2011 2012 2013Alpharetta 47,229 47,895 48,011 48,096 48,279 49,339 51,390 53,239 54,830 56,286 57,825 59,407 61,965 62,298 Johns Creek 61,522 62,566 62,891 63,163 63,562 65,116 67,978 70,580 72,844 74,929 77,199 79,501 82,278 82,788 Milton 16,035 17,592 18,913 20,170 21,432 23,064 25,183 27,246 29,210 31,119 32,908 33,902 35,001 35,907 Mountain Park (pt.) 518 514 505 497 489 490 502 510 516 521 550 563 575 576 Roswell 81,361 81,411 80,563 79,739 79,075 79,826 82,172 84,183 85,751 87,089 88,839 91,161 93,649 94,034 Total - North Fulton206,665 209,978 210,883 211,665 212,837 217,835 227,225 235,758 243,151 249,944 257,321 264,534 273,468 275,603 Percent of North FultonAlpharetta 22.85% 22.81% 22.77% 22.72% 22.68% 22.65% 22.62% 22.58% 22.55% 22.52% 22.47% 22.46% 22.66% 22.60%Johns Creek 29.77% 29.80% 29.82% 29.84% 29.86% 29.89% 29.92% 29.94% 29.96% 29.98% 30.00% 30.05% 30.09% 30.04%Milton 7.76% 8.38% 8.97% 9.53% 10.07% 10.59% 11.08% 11.56% 12.01% 12.45% 12.79% 12.82% 12.80% 13.03%Mountain Park (pt.) 0.25% 0.24% 0.24% 0.23% 0.23% 0.22% 0.22% 0.22% 0.21% 0.21% 0.21% 0.21% 0.21% 0.21%Roswell 39.37% 38.77% 38.20% 37.67% 37.15% 36.65% 36.16% 35.71% 35.27% 34.84% 34.52% 34.46% 34.24% 34.12%Total100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00%Fulton County Total 816,190 820,213 815,224 812,568 809,481 818,737 845,181 869,329 888,694 905,511 926,060 949,777 977,129 984,293 Percent of Fulton CountyAlpharetta 5.79% 5.84% 5.89% 5.92% 5.96% 6.03% 6.08% 6.12% 6.17% 6.22% 6.24% 6.25% 6.34% 6.33%Johns Creek 7.54% 7.63% 7.71% 7.77% 7.85% 7.95% 8.04% 8.12% 8.20% 8.27% 8.34% 8.37% 8.42% 8.41%Milton 1.96% 2.14% 2.32% 2.48% 2.65% 2.82% 2.98% 3.13% 3.29% 3.44% 3.55% 3.57% 3.58% 3.65%Mountain Park (pt.) 0.06% 0.06% 0.06% 0.06% 0.06% 0.06% 0.06% 0.06% 0.06% 0.06% 0.06% 0.06% 0.06% 0.06%Roswell 9.97% 9.93% 9.88% 9.81% 9.77% 9.75% 9.72% 9.68% 9.65% 9.62% 9.59% 9.60% 9.58% 9.55%Total25.32% 25.60% 25.87% 26.05% 26.29% 26.61% 26.88% 27.12% 27.36% 27.60% 27.79% 27.85% 27.99% 28.00%* As of July 1 of each year. 2000 and 2010 differ from Census counts, which are as of April 1.** Revised by Census Bureau in 2013.Sources: Census Estimates Program, 2011-2013, US Bureau of the Census.Intercensal Estimates 2000-2010, US Bureau of the Census.Population Estimates* - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000Population Trends 2000-2013Cities in North FultonAlpharettaJohns CreekMiltonMountain Park (pt.)Roswell0.00%5.00%10.00%15.00%20.00%25.00%30.00%35.00%40.00%45.00%City Percentage ofNorth FultonAlpharettaJohns CreekMiltonMountain Park (pt.)Roswell Technical Appendix A-5 Population Forecasts: 2014 – 2035 Regional Forecasts Next, a summary of the forecasts prepared by the Atlanta Regional Commission as part of their Plan 2040 is shown on Table 2, for North Fulton and the county as a whole. Two ARC Superdistricts comprise North Fulton County – the Roswell Superdistrict and the N Fulton Superdistrict. They are totaled to compare to the five cities collectively that make up North Fulton. Table 2 shows the figures for ARC’s benchmark years starting in 2016 and ending in 2040. (There are no figures for 2035.) Popula-tion, household and employment figures are shown. In addition, countywide data from Woods & Poole Economics are shown for comparison. Woods & Poole population forecasts are consistently lower than ARC’s for the county as a whole, as are their forecasts of the number of households, as would be expected. We note that ARC used a population for the county in 2010 of 965,593 while the Cen-sus Bureau’s 2010 Census count was considerably lower at 920,581.More notably, Woods & Poole countywide employment forecasts are much higher than the ARC figures. Working with the US Bureau of Economic Analysis, Woods & Poole counts jobs and includes sole proprietors and part-time jobs. Employment data from other sources often are counting the number of persons that work, so a person working at two or more jobs would be counted as only “one”. This difference will be important when the employment fore-casts are prepared for the impact fee program. Projecting Historic Trends into the Future In order to get a “handle” on population projections for North Ful-ton, the population figures from the Census Bureau (Table 1) are projected to the year 2040 using two types of regression analysis (often called “trend analysis”): •The “linear trend” regression assumes a straight line rela-tionship between the data for each year, and projects that line forward. •The “growth trend” regression assumes there may be some curve to the data, whether an acceleration or deceleration over time, that will continue into the future. Both of these are mathematical exercises, but valuable for comparison purposes. The results of the two projections for 2014-2040 for North Fulton are shown on Table 3. (ARC benchmark years are shown in bold.) Table 3: Historic Trend ProjectionsCensus Estimates Linear Trend Growth Trend2000 206,665 206,665 206,665 2001 209,978 209,978 209,978 2002 210,883 210,883 210,883 2003 211,665 211,665 211,665 2004 212,837 212,837 212,837 2005 217,835 217,835 217,835 2006 227,225 227,225 227,225 2007 235,758 235,758 235,758 2008 243,151 243,151 243,151 2009 249,944 249,944 249,944 2010 257,321 257,321 257,321 2011 264,534 264,534 264,534 2012 273,468 273,468 273,468 2013 275,603 275,603 275,603 2014 279,453 281,892 2015 285,315 288,933 2016 291,176 296,150 2017 297,038 303,548 2018 302,899 311,130 2019 308,761 318,902 2020 314,623 326,867 2021 320,484 335,032 2022 326,346 343,401 2023 332,208 351,978 2024 338,069 360,770 2025 343,931 369,782 2026 349,793 379,019 2027 355,654 388,486 2028 361,516 398,190 2029 367,378 408,136 2030 373,239 418,331 2031 379,101 428,780 2032 384,963 439,491 2033 390,824 450,469 2034 396,686 461,721 2035 402,548 473,254 2036 408,409 485,075 2037 414,271 497,192 2038 420,132 509,611 2039 425,994 522,340 2040 431,856 535,388 North FultonTable 2: Regional Forecasts 2016-20402016 2020 2025 2030 2040N Fulton Superdistrict 145,453 148,312 151,139 153,160 156,837 Roswell Superdistrict 101,857 103,479 104,925 105,943 109,129 Total - North Fulton 247,310 251,791 256,064 259,103 265,966 Fulton Co Total (ARC) 1,103,781 1,148,576 1,198,143 1,244,333 1,338,891 Woods & Poole 1,003,725 1,047,328 1,100,737 1,151,556 1,243,925 ARC minus W&P 100,056 101,248 97,406 92,777 94,966 2016 2020 2025 2030 2040N Fulton Superdistrict 53,839 55,050 56,497 57,588 60,295 Roswell Superdistrict 38,686 39,711 40,741 41,517 43,454 Total - North Fulton 92,525 94,761 97,238 99,105 103,749 Fulton Co Total (ARC) 423,617 445,446 472,306 495,818 547,594 Woods & Poole 419,931 443,688 468,614 489,663 526,369 ARC minus W&P 3,686 1,758 3,692 6,155 21,225 2016 2020 2025 2030 2040N Fulton Superdistrict 110,954 117,165 123,005 130,106 144,783 Roswell Superdistrict 45,252 48,458 51,579 55,357 63,610 Total - North Fulton 156,206 165,623 174,584 185,463 208,393 Fulton Co Total (ARC) 767,619 814,009 859,777 914,302 1,032,717 Woods & Poole 1,012,790 1,066,146 1,136,194 1,210,092 1,243,925 ARC minus W&P (245,171) (252,137) (276,417) (295,790) (211,208) Sources: Atlanta Regional Commission, Plan 2040 Forecasts.2014 Data Pamphlet, Fulton County, Woods & Poole Economics, Inc.,Washington DC.EmploymentPopulationHouseholds Technical Appendix A-6 Population Forecasts: 2014 – 2035 Adjusting the Regional Forecasts ARC’s Plan 2040 population forecasts for North Fulton are clearly inaccurate. The ARC population figure for 2016 (247,310) is far less than the projected population figures from Table 3, which range from 291,176 (linear trend) to 296,150 (growth trend), and is even less than the Census figure for 2012. According to the Census Bureau, ARCs 2016 figure for North Fulton was exceeded in 2009. Two approaches are used to address this problem with regard to population, and are shown on Table 4.•The first is to use the projections for the benchmark years taken from Table 3. When used on later tables, these projections are referred to as the “trend approach”. •The second is to assume that ARC’s figures are incrementally off, and to adjust each benchmark year by the 2016 multiplier; in essence, this shifts ARC’s line on a graph without changing its rate of increase (i.e., the “slope” of the graph line remains the same). The North Fulton Population section of Table 4 shows the two adjustment approaches indicated above. The Linear Trend and Growth Trend results from the regression analysis of the 2000-2013 Census Bu-reau estimates from Table 3 are inserted under their appropriate years. Below that on Table 4, the ratio between the linear trend figure and the ARC figure for 2016 is calcu-lated, and applied to the ARC figures in subsequent years as a multiplier. This is referred to as the “linear shift” approach. Similarly, the growth trend-to-ARC ratio is calculated and multiplied times sub-sequent years to produce the “growth shift” approach. For adjustments to the number of households, we fall back on average household size calculations. The average household size determined by dividing the ARC population by the ARC number of house-holds for North Fulton is divided into the linear trend and growth trend populations to produce the re-spective household projections for each year. Adjustments to employment utilized the ratio between the ARC employment figures and the number of households in the ARC projections. These employment-to-households ratios are then applied to the linear trend and growth trend number of households calculated above to produce new employment fig-ures for each benchmark year for each approach. (Though employment is not directly connected to the number of households because of cross-jurisdictional commuting, the point was to adjust the ARC fig-ures using their own data which had already taken commuting patterns into consideration.) Alternate Projections The tables on the next three pages present three alternate projections for the cities that comprise North Fulton. The first two alternates are the linear model approach (including the “trend” method and the “shift” method discussed above), and the growth model approach (“trend” and “shift”). In each case, the city percentages of North Fulton population are projected to 2040 using the linear regression and the growth regression methods, respectively. These percentages are multiplied times the North Fulton total population figures projected using the linear and growth regression methods, and the “shift” method discussed above. The third set of tables (on page 6) present the Fulton County Share approach. To accomplish this, the city percentages of the Fulton County population totals estimated by the Census Bureau for the 2000-2013 years (from Table 1) are projected to 2040 using a linear regression. These percentages are then multiplied against the ARC Plan 2040 county totals and the Woods & Poole county totals for compari-son. This approach, of course, assumes an evolving relationship between the population of the cities in North Fulton and the county as a whole. Table 4: Adjustments to Regional Forecasts 2016-20402016 2020 2025 2030 2040North Fulton - ARC 247,310 251,791 256,064 259,103 265,966 North Fulton - Linear Trend 291,176 314,623 343,931 373,239 431,856 North Fulton - Growth Trend 296,150 326,867 369,782 418,331 535,388 2016 Linear Trend:ARC Ratio 1.1774 Linear Shift Population 291,176 296,452 301,483 305,061 313,141 2016 Growth Trend:ARC Ratio 1.1975 Growth Shift Population 296,150 301,516 306,633 310,272 318,491 2016 2020 2025 2030 2040Number of Households - ARC 92,525 94,761 97,238 99,105 103,749 Avg Household Size - ARC 2.67 2.66 2.63 2.61 2.56 North Fulton - Linear Trend 108,936 118,408 130,605 142,761 168,460 North Fulton - Growth Trend 110,797 123,016 140,421 160,009 208,846 2016 2020 2025 2030 2040Employment - ARC 156,206 165,623 174,584 185,463 208,393 Emp:Household Ratio - ARC 1.69 1.75 1.80 1.87 2.01 North Fulton - Linear Trend 183,913 206,952 234,492 267,160 338,373 North Fulton - Growth Trend 187,055 215,007 252,117 299,437 419,494 North Fulton PopulationNorth Fulton HouseholdsNorth Fulton Employment Technical Appendix A-7 Population Forecasts: 2014 – 2035 Table 5: Population Projections, Linear Model Table 5A: Linear Trend Approach Table 5B: Linear Shift ApproachAlpharetta Johns Creek Milton Mtn Park (pt.) Roswell Alpharetta Johns Creek Milton Mtn Park (pt.) Roswell Alpharetta Johns Creek Milton Mtn Park (pt.) Roswell200022.79% 29.77% 8.26% 0.24% 38.94% 2000 206,665 45,011 58,728 15,651 487 77,514 2000 206,665 45,011 58,728 15,651 487 77,514 2001 22.77% 29.80% 8.68% 0.24% 38.52% 2001 209,978 46,285 60,538 17,284 492 78,653 2001 209,978 46,285 60,538 17,284 492 78,653 2002 22.74% 29.82% 9.10% 0.24% 38.10% 2002 210,883 47,559 62,348 18,916 498 79,792 2002 210,883 47,559 62,348 18,916 498 79,792 2003 22.72% 29.84% 9.52% 0.23% 37.69% 2003 211,665 48,833 64,158 20,549 504 80,931 2003 211,665 48,833 64,158 20,549 504 80,931 2004 22.70% 29.87% 9.94% 0.23% 37.27% 2004 212,837 50,107 65,969 22,181 509 82,070 2004 212,837 50,107 65,969 22,181 509 82,070 2005 22.67% 29.89% 10.36% 0.23% 36.85% 2005 217,835 51,381 67,779 23,814 515 83,209 2005 217,835 51,381 67,779 23,814 515 83,209 2006 22.65% 29.91% 10.78% 0.23% 36.43% 2006 227,225 52,655 69,589 25,447 520 84,349 2006 227,225 52,655 69,589 25,447 520 84,349 2007 22.63% 29.94% 11.20% 0.22% 36.02% 2007 235,758 53,929 71,399 27,079 526 85,488 2007 235,758 53,929 71,399 27,079 526 85,488 2008 22.60% 29.96% 11.62% 0.22% 35.60% 2008 243,151 55,203 73,209 28,712 532 86,627 2008 243,151 55,203 73,209 28,712 532 86,627 2009 22.58% 29.98% 12.04% 0.22% 35.18% 2009 249,944 56,477 75,020 30,345 537 87,766 2009 249,944 56,477 75,020 30,345 537 87,766 201022.56% 30.01% 12.46% 0.21% 34.76% 2010 257,321 57,751 76,830 31,977 543 88,905 2010 257,321 57,751 76,830 31,977 543 88,905 2011 22.53% 30.03% 12.88% 0.21% 34.35% 2011 264,534 59,025 78,640 33,610 549 90,044 2011 264,534 59,025 78,640 33,610 549 90,044 2012 22.51% 30.05% 13.30% 0.21% 33.93% 2012 273,468 60,299 80,450 35,242 554 91,183 2012 273,468 60,299 80,450 35,242 554 91,183 2013 22.49% 30.08% 13.72% 0.20% 33.51% 2013 275,603 61,573 82,261 36,875 560 92,322 2013 275,603 61,573 82,261 36,875 560 92,322 2014 22.46% 30.10% 14.14% 0.20% 33.09% 2014 279,453 62,847 84,071 38,508 566 93,462 2014 280,794 63,079 84,524 39,704 560 92,928 2015 22.44% 30.13% 14.56% 0.20% 32.68% 2015 285,315 64,121 85,881 40,140 571 94,601 2015 285,985 64,178 86,153 41,640 561 93,452 2016 22.42% 30.15% 14.98% 0.19% 32.26% 2016 291,176 65,396 87,691 41,773 577 95,740 2016 291,176 65,276 87,786 43,619 562 93,934 2017 22.39% 30.17% 15.40% 0.19% 31.84% 2017 297,038 66,670 89,501 43,405 582 96,879 2017 292,495 65,503 88,252 45,046 555 93,138 2018 22.37% 30.20% 15.82% 0.19% 31.43% 2018 302,899 67,944 91,312 45,038 588 98,018 2018 293,814 65,730 88,719 46,484 548 92,332 2019 22.35% 30.22% 16.24% 0.18% 31.01% 2019 308,761 69,218 93,122 46,671 594 99,157 2019 295,133 65,957 89,186 47,933 541 91,515 202022.32% 30.24% 16.66% 0.18% 30.59% 2020 314,623 70,492 94,932 48,303 599 100,296 2020 296,452 66,183 89,655 49,393 534 90,687 2021 22.30% 30.27% 17.08% 0.18% 30.17% 2021 320,484 71,766 96,742 49,936 605 101,435 2021 297,458 66,338 90,029 50,811 526 89,754 2022 22.28% 30.29% 17.50% 0.17% 29.76% 2022 326,346 73,040 98,553 51,568 611 102,575 2022 298,464 66,493 90,403 52,237 519 88,812 2023 22.26% 30.31% 17.92% 0.17% 29.34% 2023 332,208 74,314 100,363 53,201 616 103,714 2023 299,471 66,648 90,779 53,672 511 87,861 2024 22.23% 30.34% 18.34% 0.17% 28.92% 2024 338,069 75,588 102,173 54,834 622 104,853 2024 300,477 66,802 91,154 55,115 503 86,903 2025 22.21% 30.36% 18.76% 0.16% 28.50% 2025 343,931 76,862 103,983 56,466 628 105,992 2025 301,483 66,955 91,530 56,567 495 85,936 2026 22.19% 30.38% 19.18% 0.16% 28.09% 2026 349,793 78,136 105,793 58,099 633 107,131 2026 302,199 67,044 91,819 57,971 486 84,879 2027 22.16% 30.41% 19.60% 0.16% 27.67% 2027 355,654 79,410 107,604 59,732 639 108,270 2027 302,914 67,132 92,107 59,382 478 83,815 2028 22.14% 30.43% 20.02% 0.15% 27.25% 2028 361,516 80,684 109,414 61,364 644 109,409 2028 303,630 67,220 92,396 60,798 469 82,746 2029 22.12% 30.45% 20.44% 0.15% 26.84% 2029 367,378 81,958 111,224 62,997 650 110,549 2029 304,345 67,308 92,685 62,221 461 81,671 203022.09% 30.48% 20.86% 0.15% 26.42% 2030 373,239 83,232 113,034 64,629 656 111,688 2030 305,061 67,395 92,975 63,649 452 80,590 2031 22.07% 30.50% 21.28% 0.14% 26.00% 2031 379,101 84,506 114,845 66,262 661 112,827 2031 305,869 67,502 93,293 65,103 443 79,527 2032 22.05% 30.52% 21.70% 0.14% 25.58% 2032 384,963 85,780 116,655 67,895 667 113,966 2032 306,677 67,609 93,611 66,564 435 78,457 2033 22.02% 30.55% 22.13% 0.14% 25.17% 2033 390,824 87,054 118,465 69,527 673 115,105 2033 307,485 67,716 93,930 68,032 426 77,381 2034 22.00% 30.57% 22.55% 0.14% 24.75% 2034 396,686 88,328 120,275 71,160 678 116,244 2034 308,293 67,822 94,250 69,506 417 76,298 2035 21.98% 30.59% 22.97% 0.13% 24.33% 2035 402,548 89,602 122,086 72,792 684 117,383 2035 309,101 67,928 94,569 70,987 408 75,208 2036 21.95% 30.62% 23.39% 0.13% 23.91% 2036 408,409 90,876 123,896 74,425 690 118,522 2036 309,909 68,033 94,889 72,476 400 74,111 2037 21.93% 30.64% 23.81% 0.13% 23.50% 2037 414,271 92,150 125,706 76,058 695 119,662 2037 310,717 68,139 95,210 73,970 391 73,008 2038 21.91% 30.67% 24.23% 0.12% 23.08% 2038 420,132 93,425 127,516 77,690 701 120,801 2038 311,525 68,243 95,530 75,472 382 71,898 2039 21.88% 30.69% 24.65% 0.12% 22.66% 2039 425,994 94,699 129,326 79,323 706 121,940 2039 312,333 68,348 95,852 76,980 373 70,781 204021.86% 30.71% 25.07% 0.12% 22.24% 2040 431,856 95,973 131,137 80,955 712 123,079 2040 313,141 68,452 96,173 78,496 364 69,657 Linear Trend North FultonLinear Shift North FultonPercent of North Fulton0.00%5.00%10.00%15.00%20.00%25.00%30.00%35.00%40.00%45.00%Linear TrendsPercent of North FultonAlpharettaJohns CreekMiltonMtn Park (pt.)Roswell - 20,000 40,000 60,000 80,000 100,000 120,000 140,000Linear TrendPopulationAlpharettaJohns CreekMiltonMtn Park (pt.)Roswell - 20,000 40,000 60,000 80,000 100,000 120,000Linear ShiftPopulationAlpharettaJohns CreekMiltonMtn Park (pt.)Roswell Technical Appendix A-8 Population Forecasts: 2014 – 2035 Table 6: Population Projections, Growth Model Table 6A: Growth Trend Approach Table 6B: Growth Shift ApproachAlpharetta Johns Creek Milton Mtn Park (pt.) Roswell Alpharetta Johns Creek Milton Mtn Park (pt.) Roswell Alpharetta Johns Creek Milton Mtn Park (pt.) Roswell200022.79% 29.77% 8.37% 0.24% 38.98% 2000 206,665 47,099 61,530 17,288 505 80,563 2000 206,665 47,099 61,530 17,288 505 80,563 2001 22.77% 29.80% 8.71% 0.24% 38.54% 2001 209,978 47,805 62,566 18,280 506 80,922 2001 209,978 47,805 62,566 18,280 506 80,922 2002 22.74% 29.82% 9.06% 0.24% 38.10% 2002 210,883 47,962 62,885 19,106 501 80,345 2002 210,883 47,962 62,885 19,106 501 80,345 2003 22.72% 29.84% 9.43% 0.23% 37.67% 2003 211,665 48,091 63,168 19,958 496 79,724 2003 211,665 48,091 63,168 19,958 496 79,724 2004 22.70% 29.87% 9.81% 0.23% 37.24% 2004 212,837 48,307 63,567 20,885 492 79,252 2004 212,837 48,307 63,567 20,885 492 79,252 2005 22.67% 29.89% 10.21% 0.23% 36.81% 2005 217,835 49,391 65,111 22,246 496 80,189 2005 217,835 49,391 65,111 22,246 496 80,189 2006 22.65% 29.91% 10.63% 0.22% 36.39% 2006 227,225 51,467 67,971 24,149 510 82,693 2006 227,225 51,467 67,971 24,149 510 82,693 2007 22.63% 29.94% 11.06% 0.22% 35.98% 2007 235,758 53,345 70,579 26,076 522 84,821 2007 235,758 53,345 70,579 26,076 522 84,821 200822.60% 29.96% 11.51% 0.22% 35.57% 2008 243,151 54,961 72,849 27,988 531 86,484 2008 243,151 54,961 72,849 27,988 531 86,484 2009 22.58% 29.98% 11.98% 0.22% 35.16% 2009 249,944 56,439 74,943 29,941 538 87,888 2009 249,944 56,439 74,943 29,941 538 87,888 201022.56% 30.01% 12.47% 0.21% 34.76% 2010 257,321 58,045 77,216 32,079 546 89,451 2010 257,321 58,045 77,216 32,079 546 89,451 2011 22.53% 30.03% 12.97% 0.21% 34.37% 2011 264,534 59,611 79,443 34,321 554 90,911 2011 264,534 59,611 79,443 34,321 554 90,911 2012 22.51% 30.05% 13.50% 0.21% 33.97% 2012 273,468 61,561 82,190 36,924 564 92,911 2012 273,468 61,561 82,190 36,924 564 92,911 2013 22.49% 30.08% 14.05% 0.20% 33.59% 2013 275,603 61,978 82,897 38,727 561 92,569 2013 275,603 61,978 82,897 38,727 561 92,569 2014 22.47% 30.10% 14.62% 0.20% 33.21% 2014 281,892 63,327 84,855 41,223 565 93,603 2014 281,892 63,327 84,855 41,223 565 93,603 2015 22.44% 30.13% 15.22% 0.20% 32.83% 2015 288,933 64,842 87,043 43,973 571 94,848 2015 288,933 64,842 87,043 43,973 571 94,848 2016 22.42% 30.15% 15.84% 0.19% 32.45% 2016 296,150 66,394 89,287 46,906 577 96,110 2016 296,150 66,394 89,287 46,906 577 96,110 2017 22.40% 30.17% 16.48% 0.19% 32.08% 2017 303,548 67,982 91,589 50,034 584 97,388 2017 297,492 66,626 89,762 49,036 572 95,445 201822.37% 30.20% 17.15% 0.19% 31.72% 2018 311,130 69,609 93,951 53,371 590 98,684 2018 298,833 66,858 90,238 51,262 566 94,783 2019 22.35% 30.22% 17.85% 0.19% 31.36% 2019 318,902 71,275 96,373 56,931 596 99,997 2019 300,175 67,089 90,714 53,588 561 94,125 202022.33% 30.24% 18.58% 0.18% 31.00% 2020 326,867 72,980 98,858 60,728 602 101,327 2020 301,516 67,320 91,191 56,018 556 93,468 2021 22.30% 30.27% 19.34% 0.18% 30.65% 2021 335,032 74,726 101,407 64,779 609 102,675 2021 302,539 67,479 91,572 58,496 550 92,717 2022 22.28% 30.29% 20.12% 0.18% 30.30% 2022 343,401 76,514 104,022 69,100 615 104,041 2022 303,563 67,638 91,954 61,083 544 91,971 2023 22.26% 30.32% 20.94% 0.18% 29.95% 2023 351,978 78,345 106,704 73,709 622 105,425 2023 304,586 67,796 92,337 63,784 538 91,230 2024 22.24% 30.34% 21.79% 0.17% 29.61% 2024 360,770 80,220 109,455 78,625 628 106,827 2024 305,610 67,954 92,720 66,603 532 90,494 2025 22.21% 30.36% 22.68% 0.17% 29.27% 2025 369,782 82,139 112,277 83,869 635 108,248 2025 306,633 68,112 93,103 69,546 526 89,762 2026 22.19% 30.39% 23.60% 0.17% 28.94% 2026 379,019 84,104 115,172 89,463 642 109,688 2026 307,361 68,203 93,397 72,549 520 88,950 2027 22.17% 30.41% 24.56% 0.17% 28.61% 2027 388,486 86,117 118,142 95,430 648 111,147 2027 308,089 68,295 93,692 75,681 514 88,145 202822.14% 30.43% 25.56% 0.16% 28.28% 2028 398,190 88,177 121,188 101,795 655 112,626 2028 308,816 68,386 93,987 78,947 508 87,347 2029 22.12% 30.46% 26.60% 0.16% 27.96% 2029 408,136 90,287 124,312 108,585 662 114,124 2029 309,544 68,477 94,283 82,354 502 86,555 203022.10% 30.48% 27.69% 0.16% 27.64% 2030 418,331 92,447 127,518 115,827 669 115,642 2030 310,272 68,567 94,579 85,908 496 85,771 2031 22.08% 30.51% 28.81% 0.16% 27.33% 2031 428,780 94,659 130,805 123,553 676 117,180 2031 311,094 68,678 94,904 89,641 491 85,018 2032 22.05% 30.53% 29.99% 0.16% 27.02% 2032 439,491 96,924 134,178 131,793 683 118,739 2032 311,916 68,789 95,229 93,537 485 84,272 2033 22.03% 30.55% 31.21% 0.15% 26.71% 2033 450,469 99,243 137,638 140,584 691 120,319 2033 312,738 68,900 95,555 97,600 479 83,531 2034 22.01% 30.58% 32.48% 0.15% 26.41% 2034 461,721 101,618 141,186 149,961 698 121,919 2034 313,560 69,010 95,881 101,840 474 82,797 2035 21.99% 30.60% 33.80% 0.15% 26.10% 2035 473,254 104,050 144,827 159,963 705 123,541 2035 314,382 69,120 96,208 106,263 469 82,068 2036 21.96% 30.63% 35.18% 0.15% 25.81% 2036 485,075 106,539 148,561 170,632 713 125,184 2036 315,203 69,229 96,535 110,877 463 81,345 2037 21.94% 30.65% 36.61% 0.14% 25.51% 2037 497,192 109,088 152,391 182,013 720 126,850 2037 316,025 69,339 96,863 115,691 458 80,628 203821.92% 30.67% 38.10% 0.14% 25.22% 2038 509,611 111,699 156,321 194,153 728 128,537 2038 316,847 69,448 97,191 120,713 453 79,917 2039 21.90% 30.70% 39.65% 0.14% 24.94% 2039 522,340 114,371 160,351 207,103 736 130,247 2039 317,669 69,556 97,520 125,953 447 79,212 204021.87% 30.72% 41.26% 0.14% 24.65% 2040 535,388 117,108 164,486 220,916 743 131,980 2040 318,491 69,665 97,849 131,418 442 78,512 Growth Shift North FultonGrowth Trend North FultonPercent of North Fulton0.00%5.00%10.00%15.00%20.00%25.00%30.00%35.00%40.00%45.00%Growth TrendsPercent of North FultonAlpharettaJohns CreekMiltonMtn Park (pt.)Roswell - 50,000 100,000 150,000 200,000 250,000Growth TrendPopulationAlpharettaJohns CreekMiltonMtn Park (pt.)Roswell - 20,000 40,000 60,000 80,000 100,000 120,000 140,000Growth ShiftPopulationAlpharettaJohns CreekMiltonMtn Park (pt.)Roswell Technical Appendix A-9 Population Forecasts: 2014 – 2035 Table 7: Fulton County Share Approach Table 7A: Percentage Share of ARC Plan 2040 Forecasts Table 7B: Percentage Share of Woods & Poole ForecastsAlpharetta Johns Creek Milton Mtn Park (pt.) Roswell Alpharetta Johns Creek Milton Mtn Park (pt.) Roswell Alpharetta Johns Creek Milton Mtn Park (pt.) Roswell2000 5.80% 7.58% 2.08% 0.06% 9.93% 2000 47,229 61,522 16,035 518 81,361 2000 47,229 61,522 16,035 518 81,361 2001 5.84% 7.65% 2.22% 0.06% 9.90% 2001 47,895 62,566 17,592 514 81,411 2001 47,895 62,566 17,592 514 81,411 2002 5.89% 7.72% 2.36% 0.06% 9.86% 2002 48,011 62,891 18,913 505 80,563 2002 48,011 62,891 18,913 505 80,563 2003 5.93% 7.79% 2.49% 0.06% 9.83% 2003 48,096 63,163 20,170 497 79,739 2003 48,096 63,163 20,170 497 79,739 2004 5.98% 7.86% 2.63% 0.06% 9.80% 2004 48,279 63,562 21,432 489 79,075 2004 48,279 63,562 21,432 489 79,075 2005 6.02% 7.94% 2.76% 0.06% 9.77% 2005 49,339 65,116 23,064 490 79,826 2005 49,339 65,116 23,064 490 79,826 2006 6.06% 8.01% 2.90% 0.06% 9.74% 2006 51,390 67,978 25,183 502 82,172 2006 51,390 67,978 25,183 502 82,172 2007 6.11% 8.08% 3.04% 0.06% 9.71% 2007 53,239 70,580 27,246 510 84,183 2007 53,239 70,580 27,246 510 84,183 2008 6.15% 8.15% 3.17% 0.06% 9.67% 2008 54,830 72,844 29,210 516 85,751 2008 54,830 72,844 29,210 516 85,751 2009 6.19% 8.23% 3.31% 0.06% 9.64% 2009 56,286 74,929 31,119 521 87,089 2009 56,286 74,929 31,119 521 87,089 2010 6.24% 8.30% 3.45% 0.06% 9.61% 2010965,593 57,825 77,199 32,908 550 88,839 2010 925,920 57,825 77,199 32,908 550 88,839 2011 6.28% 8.37% 3.58% 0.06% 9.58% 2011 988,624 59,407 79,501 33,902 563 91,161 2011 949,599 59,407 79,501 33,902 563 91,161 2012 6.32% 8.44% 3.72% 0.06% 9.55% 2012 1,011,656 61,965 82,278 35,001 575 93,649 2012 960,237 61,965 82,278 35,001 575 93,649 2013 6.37% 8.51% 3.85% 0.06% 9.52% 2013 1,034,687 62,298 82,788 35,907 576 94,034 2013 971,019 62,298 82,788 35,907 576 94,034 20146.41% 8.59% 3.99% 0.06% 9.49% 2014 1,057,718 67,824 90,818 42,204 606 100,332 2014 981,910 62,963 84,309 39,180 562 93,141 2015 6.46% 8.66% 4.13% 0.06% 9.45% 2015 1,080,750 69,773 93,575 44,595 615 102,176 2015 992,816 64,096 85,962 40,966 565 93,862 2016 6.50% 8.73% 4.26% 0.06% 9.42% 2016 1,103,781 71,742 96,366 47,048 624 104,005 2016 1,003,725 65,239 87,630 42,783 567 94,577 2017 6.54% 8.80% 4.40% 0.06% 9.39% 2017 1,114,980 72,957 98,148 49,043 626 104,709 2017 1,014,641 66,391 89,316 44,630 570 95,286 2018 6.59% 8.87% 4.53% 0.06% 9.36% 2018 1,126,179 74,182 99,947 51,069 629 105,406 2018 1,025,565 67,554 91,017 46,507 572 95,989 2019 6.63% 8.95% 4.67% 0.06% 9.33% 2019 1,137,377 75,416 101,761 53,125 631 106,095 2019 1,036,476 68,726 92,734 48,413 575 96,683 20206.67% 9.02% 4.81% 0.06% 9.30% 2020 1,148,576 76,661 103,592 55,212 633 106,778 2020 1,047,328 69,903 94,460 50,345 577 97,365 2021 6.72% 9.09% 4.94% 0.05% 9.27% 2021 1,158,489 77,828 105,322 57,266 634 107,334 2021 1,058,168 71,089 96,201 52,307 579 98,039 2022 6.76% 9.16% 5.08% 0.05% 9.23% 2022 1,168,403 79,005 107,066 59,347 635 107,884 2022 1,068,934 72,279 97,951 54,295 581 98,700 2023 6.81% 9.24% 5.22% 0.05% 9.20% 2023 1,178,316 80,190 108,825 61,455 637 108,428 2023 1,079,612 73,473 99,709 56,307 583 99,346 20246.85% 9.31% 5.35% 0.05% 9.17% 2024 1,188,230 81,384 110,598 63,589 638 108,966 2024 1,090,242 74,672 101,477 58,346 585 99,980 2025 6.89% 9.38% 5.49% 0.05% 9.14% 2025 1,198,143 82,586 112,385 65,751 639 109,497 2025 1,100,737 75,872 103,249 60,406 587 100,595 2026 6.94% 9.45% 5.62% 0.05% 9.11% 2026 1,207,381 83,750 114,123 67,902 639 109,961 2026 1,111,158 77,076 105,028 62,490 588 101,198 2027 6.98% 9.52% 5.76% 0.05% 9.08% 2027 1,216,619 84,923 115,874 70,078 640 110,419 2027 1,121,459 78,280 106,811 64,597 590 101,782 2028 7.02% 9.60% 5.90% 0.05% 9.04% 2028 1,225,857 86,103 117,638 72,279 640 110,871 2028 1,131,640 79,485 108,597 66,724 591 102,349 2029 7.07% 9.67% 6.03% 0.05% 9.01% 2029 1,235,095 87,292 119,416 74,505 641 111,317 2029 1,141,665 80,688 110,383 68,869 592 102,896 20307.11% 9.74% 6.17% 0.05% 8.98% 2030 1,244,333 88,488 121,207 76,757 641 111,757 2030 1,151,556 81,891 112,170 71,034 593 103,425 2031 7.15% 9.81% 6.30% 0.05% 8.95% 2031 1,253,789 89,708 123,033 79,047 641 112,211 2031 1,161,350 83,094 113,962 73,219 594 103,938 2032 7.20% 9.89% 6.44% 0.05% 8.92% 2032 1,263,245 90,937 124,872 81,363 642 112,659 2032 1,170,998 84,296 115,754 75,421 595 104,432 2033 7.24% 9.96% 6.58% 0.05% 8.89% 2033 1,272,700 92,173 126,725 83,705 642 113,101 2033 1,180,531 85,498 117,548 77,643 595 104,910 20347.29% 10.03% 6.71% 0.05% 8.86% 2034 1,282,156 93,418 128,592 86,072 642 113,537 2034 1,189,938 86,699 119,343 79,882 596 105,371 2035 7.33% 10.10% 6.85% 0.05% 8.82% 2035 1,291,612 94,672 130,472 88,465 642 113,968 2035 1,199,189 87,897 121,136 82,135 596 105,812 2036 7.37% 10.17% 6.99% 0.05% 8.79% 2036 1,301,068 95,933 132,366 90,884 642 114,392 2036 1,208,329 89,095 122,931 84,406 596 106,238 2037 7.42% 10.25% 7.12% 0.05% 8.76% 2037 1,310,524 97,203 134,274 93,329 642 114,810 2037 1,217,399 90,296 124,733 86,697 597 106,652 2038 7.46% 10.32% 7.26% 0.05% 8.73% 2038 1,319,979 98,481 136,195 95,800 642 115,222 2038 1,226,370 91,497 126,537 89,006 597 107,051 2039 7.50% 10.39% 7.39% 0.05% 8.70% 2039 1,329,435 99,767 138,130 98,296 642 115,629 2039 1,235,222 92,697 128,341 91,330 596 107,434 20407.55% 10.46% 7.53% 0.05% 8.67% 2040 1,338,891 101,062 140,079 100,818 642 116,029 2040 1,243,925 93,894 130,143 93,667 596 107,799 ARC 2040 PlanPercentages Projected Using Linear Trend RegressionWoods & Poole0.00%2.00%4.00%6.00%8.00%10.00%12.00%Percent of Fulton CountyLinear Trend RegressionAlpharettaJohns CreekMiltonMtn Park (pt.)Roswell - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000Population Share ofARC Plan 2040 Fulton TotalAlpharettaJohns CreekMiltonMtn Park (pt.)Roswell - 20,000 40,000 60,000 80,000 100,000 120,000 140,000Population Share ofWoods & Poole Fulton TotalAlpharettaJohns CreekMiltonMtn Park (pt.)Roswell Technical Appendix A-10 Population Forecasts: 2014 – 2035 Comparison of Projections All of the various projections above for Milton are brought together on Table 8, along with a projection constrained by the amount of developable land available and the City’s policies on density. The two “growth” projections, the Growth Trend and the Growth Shift, are literally “off the charts”. The graph under Table 8 is capped at 105,000 to allow the lines for the other forecasts to be clearly seen. The 105,000 cap is close to the 106,000+ projected by the Growth Shift scenario (from Table 6B), but far less than the almost 160,000 generated by the Growth Trend scenario (from Table 6A). For com-parison, the Growth Trend scenario would result in a 2035 population a bit larger than today’s popula-tion of Roswell and Alpharetta combined. Both of these “growth” projections reflect a past trend of ev-er increasing growth rates in the city, which is consistent with past trends but inconsistent with current planning policies incorporated into the City’s Comprehensive Plan and summarized in its vision state-ment.The “linear” projections, the Linear Trend and the Linear Shift from Tables 5A and 5B, respectively, are very close to one another, with about 1,800 people separating them in 2035 (a 2.5% difference). Alt-hough the “growth” regressions detected a slight curve in the past population data, which those re-gression projected forward, the “linear” regressions substitute a straight line that averages the annual increases. Examining the Population Trends graph accompanying Table 1, a straight line appears more reasonable, particularly given the City’s policies that would rein in rampant development. The Linear Shift scenario has, in our view, two issues: 1) the projection line initially takes a bump up (faster growth rate) in the early years, with a slowing in the later years, and 2) it is based on the ARC region-al projections that, although adjusted on Table 4, are inherently suspect. Examining, again, the Popu-lation Trends graph accompanying Table 1, the data appear to take a slight drop in the 2010-2013 pe-riod instead of a bump up. The two “county share” approaches are interesting, particularly since the rationale suggesting that Mil-ton will maintain its ever-increasing share of Fulton’s countywide population growth based on past ex-perience is not immediately intuitive. But, if the past is prologue to the future, it makes some sense that a correlation exists. What doesn’t make sense is tying the relationship to ARC’s forecast, which we suspect is as inaccurate countywide (too high) as is the North Fulton forecast (too low). Tying the city’s population growth to the Woods & Poole forecast may be more realistic, given the company’s reputation, highly regarded data sources and the fact that their countywide forecasts are officially rec-ognized and accepted by the Ga Dept. of Community Affairs. Lastly, a Build-out Capacity scenario has been added to Table 8. This approach recognizes several key factors:•The number of developable acres in the city is limited due to its inability to grow through an-nexation; •The net acreage that will be available for development is further limited by the number of acres the City Council has set as a goal for land conservation through both direct purchase of conser-vation easements (2,500 acres) and transfers of development rights (500 acres); •The majority of future housing units will be located in low density, single-family residential are-as. Growth areas, where sanitary sewer is already available, will support higher densities and will benefit from development rights transferred through land conservation in lower density ar-eas. Geographically, these growth areas will not be expanded. The Build-out scenario is therefore constrained by current development and land conservation policies and the amount of land available for future development. Table 8: Summary of Milton Population Projections - 2014-20352014 38,508 36,060 39,704 41,223 41,223 42,204 39,180 2015 40,140 37,385 41,640 43,973 43,973 44,595 40,966 2016 41,773 38,710 43,619 46,906 46,906 47,048 42,783 2017 43,405 40,039 45,046 50,034 49,036 49,043 44,630 2018 45,038 41,353 46,484 53,371 51,262 51,069 46,507 2019 46,671 42,654 47,933 56,931 53,588 53,125 48,413 2020 48,303 43,941 49,393 60,728 56,018 55,212 50,345 2021 49,936 45,214 50,811 64,779 58,496 57,266 52,307 2022 51,568 46,473 52,237 69,100 61,083 59,347 54,295 2023 53,201 47,718 53,672 73,709 63,784 61,455 56,307 2024 54,834 48,950 55,115 78,625 66,603 63,589 58,346 2025 56,466 50,167 56,567 83,869 69,546 65,751 60,406 2026 58,099 51,371 57,971 89,463 72,549 67,902 62,490 2027 59,732 52,561 59,382 95,430 75,681 70,078 64,597 2028 61,364 53,737 60,798 101,795 78,947 72,279 66,724 2029 62,997 54,899 62,221 108,585 82,354 74,505 68,869 2030 64,629 56,047 63,649 115,827 85,908 76,757 71,034 2031 66,262 57,181 65,103 123,553 89,641 79,047 73,219 2032 67,895 58,302 66,564 131,793 93,537 81,363 75,421 2033 69,527 59,408 68,032 140,584 97,600 83,705 77,643 2034 71,160 60,501 69,506 149,961 101,840 86,072 79,882 2035 72,792 61,580 70,987 159,963 106,263 88,465 82,135 % of County (ARC)% of County (W&P)Linear TrendLinear ShiftGrowth TrendGrowth ShiftBuild-out Capacity 35,000 45,000 55,000 65,000 75,000 85,000 95,000 105,000Linear TrendLinear ShiftGrowth TrendGrowth Shift% of County (ARC)% of County (W&P)Build-out Capacity Technical Appendix A-11 Population Forecasts: 2014 – 2035 Discussion of Alternate Forecasts While there is considerable divergence among the various approaches considered in this Analysis, we have focused on the Build-out Capacity, the Linear Trend, and the County Share approach using the Woods & Poole countywide figures, for further dis-cussion.Compared to the 124% population increase experienced over the past 13 years, the Linear Trend approach results in a 2035 population increase of 89%, which averages out to a 4.45% increase per year (the 2000-2013 average annual increase was 9.53%). At the “high” end, the County Share approach results in a bit more than a doubling of today’s population, but still at an average annual growth rate of 5.45%, which is still much lower than experienced over the past 13 years.1 The Build-out Ca-pacity approach results in a more modest (but more realistic) 2035 population in-crease of almost 71%, which averages out to a 3.54% increase per year The Linear Trend and the County Share approaches reflect residential growth poten-tial that could only be achieved if City policies change in the future, and therefore should be viewed more as ‘market demand’ potential than most likely growth out-comes. Between the two, the Linear Trend forecast is more favored because it directly relies on historic city population data and trends (as estimated by the Census Bureau) and is somewhat more defensible than tying the city’s future growth to that of the whole county. The Linear Trend and the County Share approaches are both unconstrained by land availability and would rely on rezoning approvals not contemplated in the City’s Com-prehensive Plan. In contrast, the Build-out Capacity approach recognizes the limited amount of available land for development when the City’s land conservation policies are taken into consideration, along with the potential for transfers of development rights recommended in the Conservation Plan, as well as the City’s policies regarding future development densities within areas that are currently provided with sanitary sewer service and within areas that are not, and will not, be sewered. The table and graph to the right show the three scenarios given further consideration (and is also discussed at the beginning of this Appendix). 1 Calculations of growth since 2000 begin with an estimate by the Census Bureau of the population that occupied the area that subsequently became incorporated as the City of Milton. That figure, shown on Table 1 as 16,035, has been question by Plan-ning officials as being inaccurate and probably too low. Approach 2014 2020 2025 2030 2035IncreasePercent Avg/YearCity of Milton - 2014-20352014 36,060 38,508 39,180 2015 37,385 40,140 40,966 2016 38,710 41,773 42,783 2017 40,039 43,405 44,630 2018 41,353 45,038 46,507 2019 42,654 46,671 48,413 2020 43,941 48,303 50,345 2021 45,214 49,936 52,307 2022 46,473 51,568 54,295 2023 47,718 53,201 56,307 2024 48,950 54,834 58,346 2025 50,167 56,466 60,406 2026 51,371 58,099 62,490 2027 52,561 59,732 64,597 2028 53,737 61,364 66,724 2029 54,899 62,997 68,869 2030 56,047 64,629 71,034 2031 57,181 66,262 73,219 2032 58,302 67,895 75,421 2033 59,408 69,527 77,643 2034 60,501 71,160 79,882 2035 61,580 72,792 82,135 70.8% 3.54%Buildout Capacity61,58056,04750,16743,94136,060Buildout Capacity4.45%Percent of County (W&P) 42,95539,180 50,345 60,406 71,034 82,135 109.6%89.0%34,28572,79264,62956,4665.48%25,520Recommended Alternate Population Forecasts2014 - 2035 ChangeLinear Trend% of County (W&P)Linear Trend 48,30338,508 35,000 40,000 45,000 50,000 55,000 60,000 65,000 70,000 75,000 80,000 85,000Linear Trend% of County (W&P)Buildout Capacity Technical Appendix B-1 Housing and Employment Forecasts Methodology—Housing and Employment Forecasts Based on the “Build-out Capacity” population forecasts presented in the Population Methodology, this paper estimates the future number of households, housing units and employment in the city. Note that parks & recreation LOS standards will be based on the number of housing units, while fire and police will combine population and employment into a “day-night” population to reflect their 24-hour service demand. Housing Units The table on the next page shows how the housing projections were figured. The approach is to calculate the number of households (which equates to the number of occupied housing units) and then to expand that to the total number of housing units by adding in vacant units. Our assumption is that the average household size in Milton will “track” the average household size that was reported in the 2010 Census. This approach reflects Milton’s much higher proportion of single-family households and families with children compared to future, limited, multi-family devel- opment. The Milton 2010 Census average household size is divided into the projected Milton popu- lation each year to arrive at the household forecasts for the pro- ject period—2014-2035. Housing Units are calculated us- ing the city’s 2010 housing oc- cupancy rate of 94.6%. That as- sumes that the city’s occupancy rates in the future will be fairly consistent with the rate in 2010, and will remain relatively stable. For comparison, although no Census data is available for housing occupancy in Milton pri- or to its incorporation, neighbor- ing Alpharetta’s occupancy rate in 2010 approximated Milton’s at 94.4%, and in 2000 it was 94.8%, reflecting a reliably sta- ble level of housing occupancy over the decade that is indica- tive of Milton as well. To arrive at the housing unit es- timates each year, the number of households is divided by the occupancy rate. Housing Unit Forecasts: 2014-2035 Population Avg HH Size - Milton Households Occupancy Rate Total Housing Units 2010 32,661 2.80 11,659 94.6% 12,328 2014 36,060 2.80 12,872 94.6% 13,611 2015 37,385 2.80 13,345 94.6% 14,111 2016 38,710 2.80 13,818 94.6% 14,611 2017 40,039 2.80 14,293 94.6% 15,113 2018 41,353 2.80 14,762 94.6% 15,609 2019 42,654 2.80 15,226 94.6% 16,100 2020 43,941 2.80 15,686 94.6% 16,586 2021 45,214 2.80 16,140 94.6% 17,066 2022 46,473 2.80 16,589 94.6% 17,541 2023 47,718 2.80 17,034 94.6% 18,011 2024 48,950 2.80 17,474 94.6% 18,477 2025 50,167 2.80 17,908 94.6% 18,936 2026 51,371 2.80 18,338 94.6% 19,390 2027 52,561 2.80 18,763 94.6% 19,840 2028 53,737 2.80 19,183 94.6% 20,284 2029 54,899 2.80 19,597 94.6% 20,721 2030 56,047 2.80 20,007 94.6% 21,155 2031 57,181 2.80 20,412 94.6% 21,583 2032 58,302 2.80 20,812 94.6% 22,006 2033 59,408 2.80 21,207 94.6% 22,424 2034 60,501 2.80 21,597 94.6% 22,836 2035 61,580 2.80 21,982 94.6% 23,243 Source: 2010 City data - 2010 Decennial Census, US Bureau of the Census. 2014-2035 City Population - Build-out Capacity forecast, ROSS+associates. Technical Appendix B-2 Housing and Employment Forecasts Employment Employment projections begin with ARC’s Plan 2040 forecasts which are, of course, only taken down to the Superdistrict level. The following table shows the data from the 2010 Census and for the ARC benchmark years. Note that 2010 is the first and only year that the Census Bureau has published actual employment figures at the city level. Since these are derived from the “employed persons” data and commuting patterns, second jobs are not counted nor are some sole proprietors, so the real figure would be a bit higher. Note also that the following table goes out to 2040 because comparisons to the ARC projections are required, and ARC didn’t do a 2035 estimate. Forecasts in the final Methodology Report will only go out to 2035. Two ratios are derived from the 2010 Census data: the percentage of Milton employment in North Fulton County, and the employment-to-households ratio. • Milton’s employment ratio to North Fulton County is held constant and applied to the ARC forecasts for North Fulton in each of ARC’s benchmark years. • Alternately, Milton’s 2010 employment-to-household ratio is applied to the projected num- ber of households in Milton (taken from the preceding table). The Alternate Employment Forecasts table, below, takes the projections for the benchmark years and expands then to cover all years from 2014 to 2035. For the “percentage share” approach, the intervening years between the benchmarks are interpolated using a straight line methodology. Employment Forecasts: Benchmark Years 2010* 2016 2020 2025 2030 2040 2010-2040 % Increase Alpharetta 73,828 John's Creek 27,947 Milton 7,039 N. Fulton Superdistrict** 108,814 110,954 117,165 123,005 130,106 144,783 33.1% Roswell Superdistrict** 45,405 45,252 48,458 51,579 55,357 63,610 40.1% North Fulton County 154,219 156,206 165,623 174,584 185,463 208,393 35.1% Constant % of North Fulton 4.56% Milton Employment 7,039 7,130 7,560 7,969 8,465 9,512 35.1% Milton Households 11,659 13,818 15,686 17,908 20,007 21,982 Emp:Household Ratio 0.60 Milton Employment 7,039 8,342 9,470 10,812 12,079 13,271 88.5% * Source: 2010 Decennial Census, US Bureau of the Census. ** Source: 2016-2040, Atlanta Regional Commission, Plan 2040 Forecasts. Technical Appendix B-3 Housing and Employment Forecasts For the Employment-to-Households Ratio approach, the annual household figures are taken from the first table in this report, above. For the last column on the table, the two approaches are aver- aged to arrive at a “medium” forecast. Alternate Employment Forecasts: 2014-2035 North Fulton County Milton Employment Milton Households Milton Employment Averaged At:4.56% At:0.60 2010 154,219 7,039 11,659 7,039 2014 155,544 7,099 12,872 7,771 7,435 2015 155,875 7,115 13,345 8,057 7,586 2016 156,206 7,130 13,818 8,342 7,736 2017 158,560 7,237 14,293 8,629 7,933 2018 160,915 7,345 14,762 8,912 8,129 2019 163,269 7,452 15,226 9,193 8,323 2020 165,623 7,560 15,686 9,470 8,515 2021 167,415 7,641 16,140 9,744 8,693 2022 169,207 7,723 16,589 10,015 8,869 2023 171,000 7,805 17,034 10,284 9,045 2024 172,792 7,887 17,474 10,550 9,219 2025 174,584 7,969 17,908 10,812 9,391 2026 176,760 8,068 18,338 11,071 9,570 2027 178,936 8,167 18,763 11,328 9,748 2028 181,111 8,266 19,183 11,582 9,924 2029 183,287 8,366 19,597 11,831 10,099 2030 185,463 8,465 20,007 12,079 10,272 2031 187,756 8,570 20,412 12,324 10,447 2032 190,049 8,674 20,812 12,565 10,620 2033 192,342 8,779 21,207 12,804 10,792 2034 194,635 8,884 21,597 13,039 10,962 2035 196,928 8,988 21,982 13,271 11,130 Emp:HH RatioPercentage Share - 2,000 4,000 6,000 8,000 10,000 12,000 14,000 2014201520162017201820192020202120222023202420252026202720282029203020312032203320342035Alternate Employment Forecasts Percentage Share Emp:HH Ratio Averaged Technical Appendix B-4 Housing and Employment Forecasts Comparing projected employment growth to population growth, the 2014-2035 period anticipates a 70.8% increase in the number of residents (using the Build-out Capacity forecasts). The three al- ternate employment forecasts laid out on the table above result in the following increases over the 2014-2035 20-year projection period: The percentage share approach understates the city’s potential for two reasons: ARC anticipates a 40% employment increase by 2040 over 2010 in the Roswell Superdistrict, but only a 33% in- crease in the N Fulton Superdistrict (which also includes John’s Creek and Alpharetta). Given Mil- ton’s relatively superior availability of developable land in the Superdistrict and direct access from Ga 400, a higher percentage would be appropriate. Secondly, as noted in the Population Methodol- ogy Appendix, ARC’s forecasts are suspected of being inaccurate both countywide (too high) and for the North Fulton County area (too low) when compared to actual figures reported by the Census Bureau. While the Averaged approach would seem intuitively to be the best choice (threading between the high and the low estimates), the Employment-to-Households Ratio approach appears to be the more realistic for two reasons: it assumes the current ratio will remain in balance with the pace of residential development (i.e., managed growth), and the City’s proposed Transfer of Development Rights (TDR) program will allow the use of residential unit transfers to be redeemed as nonresiden- tial floor area instead. This latter factor is important considering the relative constraints on devel- opable land and allowed densities, and on the emphasis being placed by the City on land conserva- tion activities (including the donation of conservation easements that would generate TDRs). Further, a shift toward more local employment would also support the higher results of the Em- ployment-to-Households Ratio approach. In 2010, 80% of all Milton residents that held jobs com- muted out of the city to work, while almost 60% of all employees working in the city commuted in from elsewhere. Thus, in 2010, for each 100 workers in the city, 60 were not city residents. Future job growth would be expected to shift this ratio more toward local employment. Under continued concerns regarding nonresidential development in the city and to maintain a bal- anced development pattern, the Employment-to-Households projection is recommended for the impact fee calculations. Alternate Forecast Results Approach Number of New Employees Percent Increase over 2014 Avg Annual Growth Rate Percentage Share 1,889 26.6% 1.3% Emp:HH Ratio 5,500 70.8% 3.5% Averaged 3,695 49.7% 2.5% Employment Increase Technical Appendix C-1 Trip Generation Methodology—Trip Generation In order to calculate new growth and development’s fair share of the cost of road improvements, it is necessary to establish how much of the future traffic on Milton’s roads will be generated by new growth, over and above the traffic generated by the city’s residents and businesses today. This Methodology describes the process through which this determination is made. Summary A Level of Service must be established for road improvements in order to assure that, ultimately, existing development and new growth are served equally. This Section also presents the process through which new growth and development’s ‘fair share’ of road improvement costs is calculated, and a table summarizing the technical portions of this Methodology is included. Level of Service The City has set its Level of Service for road improvements at LOS “D”, a level to which it will strive ultimately. However, interim road improvement projects that do not result in a LOS of “D” will still provide traffic relief to current and future traffic alike, and are thus eligible for impact fee funding. All road improvement projects benefit existing and future traffic proportionally to the extent that relief from over-capacity conditions eases traffic problems for everyone. For example, since new growth by 2035 will represent a certain portion of all 2035 traffic, new growth would be responsible for that portions’ cost of the road improvements. It is noted that the cost-impact of non-Milton generated traffic on the roads traversing the city (cross commutes) is off-set by state and federal assistance. The net cost of the road projects that accrues to Milton reasonably represents (i.e., is ‘roughly proportional’ to) the impact on the roads by Milton residents and businesses. The basis for the road impact fee would therefore be Milton’s cost for the improvements divided by all traffic in 2035 (existing today plus new growth)—i.e., the cost per trip—times the traffic generated by new growth alone. For an individual land use, the cost per trip (above) would be applied to the number of trips that will be generated by the new development when a building permit is issued, assuring that new growth would only pay its ‘fair share’ of the road improvements that serve it. Approach This Methodology proceeds along the following lines: • Total traffic currently generated by Milton residents and businesses on the road system within the city is calculated from trip generation and commuting data for 2010, and extended to 2014. • Future Milton-generated traffic from new growth in the city is calculated from housing unit and employment forecasts to 2035. • The portion of total 2035 traffic that is generated by new housing units and employment in the city establishes the maximum percentage of Milton’s cost of the future road improvements that can be included in an impact fee. Technical Appendix C-2 Trip Generation • Lastly, ‘primary’ trip ends are calculated as the appropriate connection to actual impact on the city’s road network by its existing and future land uses. Summary Tables The first table below shows how the portion of total 2035 traffic generated by new growth (i.e., total trip ends) is calculated. The next table, below, calculates the Primary Trip Ends generated by existing and future traffic by deleting pass-by and diverted trips, as discussed below. Overall, new residents and businesses located within Milton in 2035 will generate 40.1% of all Milton traffic on its roads by 2035. Thus, new growth’s ‘fair share’ of the cost to the City to provide road improvements to serve current and future traffic cannot exceed 40.1%. Primary Daily Trip Ends Generated by New Growth 2014 2035 Increase Residential Trip Ends 81% 98,913 161,631 62,717 Commercial Trip Ends 51% 96,047 164,019 67,972 Industrial+Utility Trip Ends 92% 2,939 5,024 2,085 Less: Internal Commutes 100% (6,417) (10,958) (4,541) 191,482 319,716 128,233 40.1% * Percent Primary Trip Ends* Primary Trip Ends Percent New Growth Primary Trip Ends Derived from'Trip Generation Handbook' chapter, Trip Generation , 9th Edition, Institute of Transportation Engineers. Average Daily Trip Ends Generated by New Growth 2014 2035 Increase Percent New Growth Trip Ends Residential Trip Ends 122,642 200,405 77,763 Commercial Trip Ends 188,762 322,349 133,587 Industrial+Utility Trip Ends 3,195 5,461 2,266 Less: Internal Commutes* (6,417) (10,958) (4,541) 308,182 517,257 209,075 40.4% * Residents who work in Milton. These trips to and from work are included in the residential trips, above. Technical Appendix C-3 Trip Generation Pass-by and Diverted Trips The impact of new growth and development on Milton’s road network is the increased number of vehicles added to the system, expressed by transportation engineers as ‘trips’. Every ‘trip’ has two ends—a beginning at its origin and an end at its destination (known as ‘trip ends’). There are three types of trips, defined as: A Primary Trip (and its trip ends)—a vehicle travelling from its original beginning to its intended final destination. Driving from ones home to ones place of work is an example of a primary trip. A Pass-by Trip—a vehicle travelling along its usual route from its origin to its final destination, which stops off at an intermediate location for any reason. A trip from home to work that stops along the way for gas, dropping off a child at daycare, picking up coffee or dinner, or for any other reason, represents a ‘pass-by’ trip at the intermediate location. A Diverted Trip (previously called a diverted ‘link’ trip)—a vehicle that diverts from its normal primary trip route between its origin to its final destination, and takes a different route to stop off at an intermediate location for any reason. While a pass-by trip remains on its normal route, a diverted trip changes its route to other streets to arrive at the intermediate stop. New primary trips add vehicles to the road network. Pass-by and diverted trips involve the same vehicles stopping off between their original beginnings and their final destinations, and therefore do not add new vehicles to the road network—the vehicles were already there on their way to their destinations. These different types of trips result in different types of ‘trip ends’. On a home-to-daycare-to-work trip, for instance, there are two primary trip ends (home and work) and two pass-by or diverted trip ends: arriving at the daycare center and leaving from there to drive to work. The net impact on the road network, however, is created by the one vehicle and its two primary trip ends. Impact fee calculations take note of these pass-by and diverted trip ends as not adding to the overall traffic on the road network, and deletes them from the total trip ends reported in ITE’s Trip Generation manual. While the table above uses overall average percentages of primary trip ends derived from ITE for broad land use categories, the actual percentage for each land use listed on the impact fee schedule for roads is applied to the total trip ends to determine the primary trip ends attributed to that land use. The percentage of 2035 traffic that will be generated by new growth and the increase in primary trip ends from the second table will play an important role in calculating the impact fee eligible amount of road project costs and the per-trip road impact fee. Technical Appendix C-4 Trip Generation Residential Trip Generation Average trip generation rates published by the Institute of Transportation Engineers (ITE) differentiate between ‘single-family detached housing’ and ‘apartments’. The closest correlations with the US Census definitions are ‘single-family units’ and ‘multi-family units’, which are shown on the following table. The 2010 breakdown of housing units by type on the table above are taken from the 2010 Census. These numbers are extended to the number of housing units projected in 2014 (in a previous paper), combining the number of housing units authorized by building permits between 2010 and 2013 with adjustments to reach the 2014 projected total. The 9,133 new housing units forecast for the 2014-2035 period is taken from the Build-out Capacity population scenario. The next table, below, calculates the amount of traffic that is generated by the city’s housing stock today, and the amount that will be generated in 2035. The calculations are made on the basis of ‘average daily traffic’ on a normal weekday, using average trip generation rates derived through multiple traffic studies (350 for single-family and 86 Residential Units by Type: 2014 and 2035 2010 Additional Units*2014 Increase 2014-2035**Total in 2035 Single-Family Units 9,912 1,283 11,195 5,933 17,128 Multi-Family Units 2,416 - 2,416 3,200 5,616 Total 12,328 1,283 13,611 9,133 22,744 * Based on building permits issued 2010-2013, adjusted to 2014 total. ** From Build-out Capacity analysis of land availability and City policies on development density and land conservation initiatives. Residential Trip Generation: 2014-2035 New Growth Increase ADT* Trip Ends 2014 Units 2014 ADT Trip Ends 2035 Units 2035 ADT Trip Ends Increase 2014-2035 Percent New Growth Trip Ends Single-Family Units 9.52 11,195 106,576 17,128 163,059 56,483 Multi-Family Units 6.65 2,416 16,066 5,616 37,346 21,280 Total 13,611 122,642 22,744 200,405 77,763 38.8% * Average Daily Traffic (trip ends) on a weekday; Institute of Transportation Engineers Trip Generation , 9th Edition. Total includes trips to/from work. Technical Appendix C-5 Trip Generation for apartments) and published by ITE. The rates are expressed for ‘trip ends’—that is, traffic both leaving and coming to a housing unit. Comparing traffic in 2014 to 2035, the future increase in trips can be calculated, which will represent 38.8% of all residential trip ends generated in the city. It should be noted that the traffic generated by housing units includes trips to and from work and, more particularly, residents who work at a business within the city. Nonresidential Trip Generation Calculating traffic generated by businesses located in Milton is more problematical than residential trips because there is no breakdown of types of businesses in the city that is readily available. In addition, while employment forecasts have been made in terms of the number of jobs, there is no data available for floor areas, much less by detailed type of use. The alternate is to view nonresidential traffic generation on a broad ‘average’ basis. For this, there is data available from ITE for a number of individual uses relating to the total number of trips generated per employee. These trips, of course, include not only trips taken by the employee (to/from work, lunch, etc.) but also customers and others that are attracted to the use or serve it in some way. The following table shows the ‘trips per employee’ for those uses for which impact fees are commonly collected and for which the data is available. Technical Appendix C-6 Trip Generation ITE Trips-per-Employee Data ADT Average Average ITE CODE LAND USE Trip Ends per Employee by Category All Commercial Port and Terminal (000-099)30 Intermodal Truck Terminal 6.99 Industrial/Agricultural (100-199)110 General Light Industrial 3.02 120 General Heavy Industrial 0.82 140 Manufacturing 2.13 10.21 150 Warehousing 3.89 151 Mini-Warehouse 32.47 152 High-Cube Warehouse 22.13 Lodging (300-399)310 Hotel or Conference Motel 14.34 320 Motel 12.81 Recreational (400-499)430 Golf Course 20.52 443 Movie Theater 53.12 460 Arena 10.00 480 Amusement Park 8.33 490 Tennis Courts 66.67 491 Racquet/Tennis Club 45.71 492 Health/Fitness Center 46.71 495 Recreational Community Center 27.25 Institutional (500-599)520 Private Elementary School 15.71 530 Private High School 19.74 560 Church/Place of Worship 26.24 29.58 565 Day Care Center 28.13 566 Cemetery 58.09 Medical (600-699)610 Hospital 4.50 620 Nursing Home 3.26 5.26 630 Clinic 8.01 Office (700-799)710 General Office Building 3.32 714 Corporate Headquarters Building 2.33 715 Single-Tenant Office Building 3.70 720 Medical-Dental Office Building 8.91 760 Research and Development Center 2.77 770 Business Park 4.04 Retail (800-899)812 Building Materials and Lumber Store 32.12 814 Variety Store 66.70 815 Free-Standing Discount Store 28.84 816 Hardware/Paint Store 53.21 817 Nursery (Garden Center) 21.83 818 Nursery (Wholesale) 23.40 826 Specialty Retail Center 22.36 841 Automobile Sales 21.14 32.86 850 Supermarket 87.82 854 Discount Supermarket 40.36 860 Wholesale Market 8.21 861 Discount Club 32.21 875 Department Store 11.56 890 Furniture Store 12.19 Services (900-999)912 Drive-in Bank 30.94 OVERALL AVERAGE 23.01 Source: Trip Generation , 9th Edition, Institute of Transportation Engineers, where survey results given for key land uses. 4.18 25.31 13.58 34.79 Technical Appendix C-7 Trip Generation Overall, the average trip generation rate of all uses listed is 23.01 trips per employee. The table also shows average rates by category (truck terminals are included with ‘industrial’ and drive-in banks are included with ‘retail’ uses). The last column shows the average rate for all ‘commercial’ uses listed, as opposed to the ‘industrial’ uses shown in the column on its left. We know from the 2010 Census how many people work in Milton based on commuting patterns. The next table provides a breakdown between commercial and industrial employment in the city and calculates trip ends generated by each. Tax base valuations give us some clue as to the breakdown. When the City’s ‘industrial’ and ‘utility’ tax valuations are combined, the figures suggest that 96% of all uses are ‘commercial’ in nature, while the remaining 4% is industrial. These percentages, applied to total employment in Milton, give us the number of employees in 2010 in each category. The upper portion of the table calculates the total number of trips using the average rates for commercial and industrial from the previous table. From the total of all nonresidential trips is deducted the number of trips to/from work generated by city residents, since these trips have already been calculated as part of the residential trip generation rates. For comparison, the lower part of the table calculates all trips using the overall average for all uses, regardless of type. Lastly, the following table calculates the total number of trip ends that will be generated by new nonresidential growth in future traffic on Milton’s roads. Nonresidential Trip Generation: 2010 Census Tax Base Percent of Total 2010 Employees Avgerage ADT Total Nonres Trip Ends Commercial 824,023,125$ 824,023,125$ 96.0% 6,755 25.31 170,969 Industrial 2,778,300$ Utility 31,821,750$ Total Nonresidential 858,623,175$ 858,623,175$ 7,039 173,868 Less: Internal Commutes* 2,906 times 2 = 5,812 Net Nonres Trips 168,056 Alternate Using Overall Average 7,039 23.01 161,980 Internal Commutes* 2,906 times 2 = 5,812 Alternate Net Nonres Trips 156,168 * Residents who work in Milton. Trips are included in residential trip generation rate. 2,899 10.21 284 4.0%34,600,050$ Technical Appendix C-8 Trip Generation The table shows the number of trip ends currently generated by Milton businesses based on 2014 employment. The trip ends by use are distributed using the same percentages calculated on the previous table. The same calculations are made for the year 2035 based on projected employment in the city, and the difference between 2014 and 2035 represents trip ends generated by future growth and development. This totals 41.4% of all nonresidential 2035 trip ends. The results of the residential and nonresidential trip generation analyses are combined on the Summary table at the beginning of this Methodology for an overall calculation of new growth’s share of future traffic generated by Milton residents and businesses. From these figures, pass-by and diverted trip ends will be deleted to determine primary trip ends, which more closely relates to vehicles on the road and thus contribute to traffic congestion. Terminology This Methodology uses the term ‘average daily traffic’ (ADT) for a weekday, which is defined by ITE as the ‘average weekday vehicle trip ends’, which are “the average 24-hour total of all vehicle trips counted from a study site from Monday through Friday.” Additionally, ITE defines a ‘trip or trip end’ as “a single or one-direction vehicle movement with either the origin or the destination (exiting or entering) inside a study site. For trip generation purposes, the total trip ends for a land use over a given period of time are the total of all trips entering plus all trips exiting a site during a designated time period”. Lastly, ITE defines ‘average trip rate’ as “the weighted average of the number of vehicle trips or trip ends per unit of independent variable (for example, trip ends per occupied dwelling unit or employee) using a site’s driveway(s). The weighted average rate is calculated by dividing the sum of all independent variable units where paired data is available. The weighted average rate is used rather than the average of the individual rates because of the variance within each data set or generating unit. Data sets with a large variance will over-influence the average rate if they are not weighted”. Nonresidential Trip Generation: 2014-2035 New Growth Increase 2014 Employees 2014 Trip Ends 2035 Employees 2035 Trip Ends 2014-2035 Increase Percent New Growth Trip Ends Commercial 7,458 188,762 12,736 322,349 133,587 Industrial+Utility 313 3,195 535 5,461 2,266 Total 7,771 191,957 13,271 327,810 135,853 Internal Commutes at 3.34% 6,417 10,958 4,541 Net Nonres Trip Ends 185,540 316,852 131,312 41.4% STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION SUPPORTING THE TRANSMITTAL OF A DRAFT CAPITAL IMPROVEMENTS ELEMENT TO THE ATLANTA REGIONAL COMMISSION FOR REGIONAL AND STATE REVIEW AS REQUIRED FOR THE CONSIDERATION OF AN IMPACT FEE PROGRAM WHEREAS, the City of Milton has prepared a draft Capital Improvements Element to be incorporated into and update the Milton 2030 Comprehensive Plan (a copy of which is attached hereto as Exhibit “A”); and WHEREAS, the draft Capital Improvements Element was prepared in accordance with the “Development Impact Fee Compliance Requirements” and the “Minimum Standards and Procedures for Local Comprehensive Planning” adopted by the Department of Community Affairs pursuant to the Georgia Planning Act of 1989; and, WHEREAS, a duly advertised public hearing was held on May 4, 2015, at 6:00 P.M. in the Milton City Hall in accordance with Section (3)(a) of Chapter 110-12-2-.04 (Procedural Requirements) of the Development Impact Fee Compliance Requirements chapter of the Georgia Administrative Code; and WHEREAS, a second duly advertised public hearing was held on July 20, 2015, at 6:00 P.M. in the Milton City Hall in accordance with Section (3)(b) of Chapter 110-12-2-.04 (Procedural Requirements) of the Development Impact Fee Compliance Requirements chapter of the Georgia Administrative Code; NOW, THEREFORE BE IT RESOLVED, that the Mayor and City Council of the City of Milton do hereby approve transmission of the attached draft Capital Improvements Element to the Atlanta Regional Commission for Regional and State review, in accordance with the requirements of the Development Impact Fee Compliance Requirements chapter of the Georgia Administrative Code. RESOLVED this 20th day of July, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk M HOME OF ' M __LT0 N FSTABLISIIFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 10, 2015 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of a Brown Bagging Permit to Just for Giggles of Crabapple, LLC dba Just for Giggles, Located at 12635 Crabapple Road, Suite 250, Milton, Georgia 30004. MEETING DATE: Monday, July 20, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES �) NO CITY ATTORNEY REVIEW REQUIRED: O YES KNO APPROVAL BY CITY ATTORNEY () APPROVED (J NOTAPPROVED PLACED ON AGENDA FOR: REMARKS b7 zvis In v Youm 55ry * y PHONE: 678.242.2500 i FAX: 678.242.2499 Green .� *ccrnfi * op �� info@cityofmiltonga.us i www.cityofmiltonga.us WILOUR Community iryor t 13000 Deerfield Parkway, Suite 107 � Milton GA 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on June 29, 2015 for the July 20, 2015 Regular Council Meeting Agenda Item: Consideration of the Issuance of a Brown Bagging Permit to Just for Giggles of Crabapple, LLC dba Just for Giggles, Located at 12635 Crabapple Rd, Suite 250, Milton, GA 30004. ____________________________________________________________________________ Department Recommendation: Approve the issuance of Brown Bagging Permit to Just for Giggles of Crabapple, LLC dba Just for Giggles. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of Brown Bagging Permits to businesses that properly submit application for and meet all of the legal requirements to hold such permit. This application was submitted due to a change in ownership. Staff has processed the application and recommends issuance of the applicab le permit for: Business Name: Just for Giggles of Crabapple, LLC dba Just for Giggles Contact Name: Taya Sundling-Peek Business Address: 12635 Crabapple Rd, suite 250, Milton, GA 30004 Type of Permit: Brown Bagging Permit Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Steven Krokoff, Chief of Police Kathleen Field, Director of Community Development Attachment(s): None. F41 HOME OF `-lc BE=ST c_�'�A !TY OF I.I t 1 -' =la.` M : I " LT 0 N% FSTAhLIS1iFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 10, 2015 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Sequoia Golf Manor, LLC dba The Manor Golf and Country Club, Located at 15951 Manor Club Drive, Milton, Georgia 30004. MEETING DATE: Monday, July 20, 2015 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: APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR REMARKS () YES O NOT APPROVED kNO X NO () APPROVED () NOT APPROVED O"12ot s PHONE: 678.242.2500 I FAX: 578.242.2499 !tri Green lnfo@cityofmiltonga.us I www.cityofmiltonga.usCommunity R II ILIEI 13000 Deerfield Parkway, Suite 107 1 Milton, GA 30004 �'�`� To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on June 29, 2015 for the July 20, 2015 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Sequoia Golf Manor, LLC dba The Manor Golf and Country Club, Located at 15951 Manor Club Drive, Milton, GA 30004. ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to Sequoia Golf Manor, LLC dba The Manor Golf and Country Club for consumption on premises of wine, malt beverages, and distilled spirits. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application was submitted due to a change in ownership. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Sequoia Golf Manor, LLC dba The Manor Golf and Country Club Contact Name: Laine Schroeder Edwards Business Address: 15951 Manor Club Drive, Milton, GA 30004 Type of License: Consumption on Premises - Wine, Malt Beverages, and Distilled Spirits Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Steven Krokoff, Chief of Police Kathleen Field, Director of Community Development Attachment(s): None. �b HOME OF 'THE BEST QUAPTY OF LIFE IN GEORGIA' &.A—T LTON*k on ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 10, 2015 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Sequoia Golf Manor, LLC dba The Manor Golf and Country Club, Located at 15952 Manor Club Drive, Milton, Georgia 30004. MEETING DATE: Monday, July 20, 2015 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: O YES kNO CITY ATTORNEY REVIEW REQUIRED: O YES YNO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR. d 7 Z O i! REMARKS W4 YOUEM PHONE: 678.242.25001 FAX: 678.242.2499 -.Green v ; c,,,fim * °N 1O0 info@cityofmilfonga.us I www.cifyofmllfonga.us 11 1 Community 13000 Deerfield Parkwey, Suite 107 1 Milton GA 30004'�L``� To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on June 29, 2015 for the July 20, 2015 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Sequoia Golf Manor, LLC dba The Manor Golf and Country Club, Located at 15952 Manor Club Drive, Milton, GA 30004. ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to Sequoia Golf Manor, LLC dba The Manor Golf and Country Club for consumption on premises of wine, malt beverages, and distilled spirits. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application was submitted due to a change in ownership. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Sequoia Golf Manor, LLC dba The Manor Golf and Country Club Contact Name: Laine Schroeder Edwards Business Address: 15952 Manor Club Drive, Milton, GA 30004 Type of License: Consumption on Premises - Wine, Malt Beverages, and Distilled Spirits Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Steven Krokoff, Chief of Police Kathleen Field, Director of Community Development Attachment(s): None. HOME OF ' ESTAMISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 10, 2015 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Sequoia Golf North Atlanta, LLC dba White Columns Country Club, Located at 300 Clubhouse Drive, Milton, Georgia 30004. MEETING DATE: Monday, July 20, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES NO CITY ATTORNEY REVIEW REQUIRED: () YES ONO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR: _a1Z��s REMARKS 13,* Yo j PHONE: 678.242.2500 j FAX: 678.242.2499 0 Gfeen or *Cemfiai* lop,inu info@cRyofmiltonga.us 1 www,cifyofmiltonga.us �; �, Community , �Erh cs 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004 'a�` To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on June 29, 2015 for the July 20, 2015 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Sequoia Golf North Atlanta, LLC dba White Columns Country Club, Located at 300 Clubhouse Drive, Milton, GA 30004. ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to Sequoia Golf North Atlanta, LLC dba White Columns Country Club for consumption on premises of wine, malt beverages, and distilled spirits. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application was submitted due to a change in ownership. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Sequoia Golf North Atlanta, LLC dba White Columns Country Club Contact Name: Laine Schroeder Edwards Business Address: 300 Clubhouse Drive, Milton, GA 30004 Type of License: Consumption on Premises - Wine, Malt Beverages, and Distilled Spirits Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Steven Krokoff, Chief of Police Kathleen Field, Director of Community Development Attachment(s): None. E HOME OF ' E FSTAM,1,SHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 10, 2015 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Sequoia Golf North Atlanta, LLC dba Atlanta National Golf Club, Located at 350 Tournament Players Drive, Milton, Georgia 30004. MEETING DATE: Monday, July 20, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES CITY ATTORNEY REVIEW REQUIRED: () YES O NOT APPROVED �NO P NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR.REMARKS 9110Youn *** PHONE: 678.242,25001 FAX: 678.242.2499 Green *amfied* info@cltyofmiltonga.us I www.cityofmlltonga.us WILDLU, community qhs 5 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 MUPW To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on June 29, 2015 for the July 20, 2015 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Sequoia Golf North Atlanta, LLC dba Atlanta National Golf Club Located at 350 Tournament Players Drive, Milton, GA 30004. ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to Sequoia Golf North Atlanta, LLC dba Atlanta National Golf Club for consumption on premises of wine, malt beverages, and distilled spirits. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application was submitted due to a change in ownership. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Sequoia Golf North Atlanta, LLC dba Atlanta National Golf Club Contact Name: Laine Schroeder Edwards Business Address: 350 Tournament Players Drive, Milton, GA 30004 Type of License: Consumption on Premises - Wine, Malt Beverages, and Distilled Spirits Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager Steven Krokoff, Chief of Police Kathleen Field, Director of Community Development Attachment(s): None. R; HOME OF' IL,. FSTA 13l IS11FD 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 10, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-13 — 3225 Francis Road by Sexto Omar Martinez Rivera to Rezone from AG -1 (Agricultural) to R-3 (Residential) to Develop 2 Single Family Residences. MEETING DATE: Monday, July 20, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. MAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. O YES K NO CITY ATTORNEY REVIEW REQUIRED: () YES ONO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0-7 Z c t S REMARKS 10YouEM *** PHONE: 67$.242.2500 FAX: 578.242.2499 Gi`@eh ~ '� *(rresed* oP�ou 1nfo@cityofmiltonga.us I www.cityofmiltonga.us���f® Community �� Ehics 13000 Deerfield Parkway, Suite 107 1 Muton GA 30004 - b" 00, Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/16/2015 Page 1 of 17 RZ15-13 PETITION NO. RZ15-13 PROPERTY INFORMATION ADDRESS 3225 Francis Road DISTRICT, LAND LOT 2/2 611 OVERLAY DISTRICT Hwy 9 Overlay District EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING R-3 (Residential) ACRES 1.45 EXISTING USE One existing single family residence PROPOSED USE 2 Single Family Residential Units PETITIONER Sixto Omar Martinez Rivera ADDRESS 6465 Hwy 9 North Alpharetta, GA 30004 REPRESENTATIVE Scott Reece Brumbelow - Reese & Associates, Inc. 13685 Highway 9, Milton GA 30004 PHONE 770-475-6817 COMMUNITY DEVELOPMENT RECOMMENDATION – JUNE 24, 2015 RZ15-13 – APPROVAL CONDITIONAL INTENT To rezone from AG-1 (Agricultural) to R-3 (Residential) to develop 2 single family residences on 1.45 acres. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/16/2015 Page 2 of 17 RZ15-13 PLANNING COMMISSION RECOMMENDATION – JUNE 24, 2015 RZ15-13 APPROVAL CONDITIONAL – 6-0 The Planning Commission recommended Staff’s proposed conditions except for Condition 4.a.1.ii in which they recommended two (2) driveways on Francis Road in lieu of the recommended one driveway to be shared between the two lots. This is based on the appl icant’s response that requiring one driveway to serve both lots would decrease the future value of the properties. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/16/2015 Page 3 of 17 RZ15-13 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/16/2015 Page 4 of 17 RZ15-13 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/16/2015 Page 5 of 17 RZ15-13 CITY OF MILTON 2030 COMPREHENSIVE FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/16/2015 Page 6 of 17 RZ15-13 SITE PLAN SUBMITTED APRIL 30, 2015 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/16/2015 Page 7 of 17 RZ15-13 View from Francis Road of subject site View of rear of property looking toward Francis Road Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/16/2015 Page 8 of 17 RZ15-13 View of rear of property Typical Crooked Creek house located on Heron Run Court (to the east of site) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/16/2015 Page 9 of 17 RZ15-13 SUBJECT SITE AND BACKGROUND: The subject site contains 1.45 acres and is developed with one single family residence on the south side of Francis Road with Crooked Creek subdivision surrounding the parcel on three sides. The site is located within the Medium Density Residential (MDR) designation of the City of Milton 2030 Comprehensive Plan Map. Staff also notes that this property is within the Hwy 9 Overlay District which does not require the Rural View Shed. The applicant is requesting a rezoning to R-3 (Residential) to develop two single family residences on .7 acre lots at an overall density of 1.38 units per acre. The existing home will be torn down to allow the construction of two new homes. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on April 30, 2015, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-508 R-3 (Single Family Dwelling District) Development Standards Proposed Development No building shall exceed 40 feet in height None indicated Minimum front yard – 50 feet 50 feet Minimum side yard as follows: Adjacent to interior line: 10 feet 10 feet Minimum rear yard –35 feet 35 feet Minimum lot area – 18,000 sq.ft. 32,000 sq. ft. Minimum lot width shall be 100 ft. 100 feet Minimum lot frontage shall be 35 feet adjoining a street 35 feet Minimum heated floor area shall be as follows: For less than two-story dwelling: 1,200 sq. ft. For two-story dwelling: 1,320 sq.ft. Per the letter of intent – 2,400 sq.ft. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/16/2015 Page 10 of 17 RZ15-13 ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and sati sfies the requirement of Sec. 64-2126. The applicant has stated the following: “There is no jurisdictional Flood Plain per official FEMA maps. There are no wetlands, steams, or stream buffers contained on this site. There are no slopes exceeding 25% located on this property and our field inspection revealed no signs of erosion or destabilization. Our field inspection discovered no vegetation or historical sites located on this property. A tree survey was performed on this property and the specimen trees located on this property are shown on the site plan.” ARBORIST COMMENTS The proposed rezoning will be subject to the tree preservation ordinance including recompense and tree density requirements. CITY OF MILTON FIRE MARSHAL The Fire Marshal has no issues with the proposed site plan. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/16/2015 Page 11 of 17 RZ15-13 FULTON COUNTY BOARD OF EDUCATION Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/16/2015 Page 12 of 17 RZ15-13 FINANCIAL MODELING RESULTS Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/16/2015 Page 13 of 17 RZ15-13 PUBLIC INVOLVEMENT On May 26, 2015 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were four citizens in attendance for the subject site. They all were residents of Crooked Creek and voiced concern about the location, size, overall look of the homes, who would be living in the homes and if they would be operating businesses in the homes. Also, they asked Staff if a buffer would be required between Crooked Creek and the proposed lots. In response, Staff stated that no buffers are required between residential zoning districts. PUBLIC PARTICIPATION REPORT Staff received the report on June 12, 2015. The applicant’s Public Participation Meeting was held on June 9, 2015 between 5:00 pm and 8:00 pm at the Brumbelow-Reese offices located on Hwy 9. There was no one in attendance at the meeting. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – June 2, 2015  Provide barrier plantings between Crooked Creek and new structures on subject site.  Design homes to be consistent with architecture of Crooked Creek homes.  Require City Architect to review building plans. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 2 lots developed at a density of 1.38 units per acre is consistent with the adjacent Crooked Creek subdivision to the east, south and west developed at 2 units per acre. The minimum lot size is 12,000 square feet; front setback is 35 feet; side setback is 7.5 feet; rear setback is 35 feet and minimum heated floor area is 2,000 square feet pursuant to RZ93-08. To the north, it is zoned AG-1 with scattered single family lots and Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/16/2015 Page 14 of 17 RZ15-13 a Use Permit for Canine Assistants. It is Staff’s opinion that the proposed use and density is suitable with adjacent properties within the City. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal may not adversely affect existing use or usability of the adjacent properties if approved with the Recommended Conditions. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services or utilities. Comments from the Fulton County Board of Education are included in the report as it relates to the estimated number of new students for the proposed rezoning which will have an impact on the elementary and middle schools. It is Staff’s opinion that the proposal will not cause a burden on transportation facilities if approved with the Recommended Conditions. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? City of Milton 2030 Comprehensive Land Use Plan Map – Medium Density Residential (1 to 3 units per acre) Proposed use/density: Single Family Residential at 1.38 units per acre/CONSISTENT The proposed rezoning is consistent with the following land use plan policies: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/16/2015 Page 15 of 17 RZ15-13  We will accommodate our diverse population by encouraging a compatible mixture of housing types, densities and costs within the City.  We will encourage development of housing opportunities that enable residents to have easier access to commercial services and employment opportunities.  We will encourage development that is sensitive to the overall setting of the community and will contribute to our community’s character and sense of place. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed development is consistent with the adjacent development for lot size and density and consistent with the 2030 Future Land Use Plan’s suggestion of Medium Density Residential (1 to 3 units per acre). 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations for the subject site. CONCLUSION The proposed 2 lots are consistent with the City of Milton’s 2030 Comprehensive Land Use Plan and adjacent and nearby properties. Therefore, Staff recommends APPROVAL CONDITIONAL OF RZ15-13. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/16/2015 Page 16 of 17 RZ15-13 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 3225 Francis Road with approximately 211 feet of frontage on the south side, it should be approved for R-3 (Single Family Residential) 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 Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 2 total dwelling units at a maximum density of 1.38 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on April 30, 2015. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances 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) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on July 20, 2015 (First Presentation July 6, 2015) 7/16/2015 Page 17 of 17 RZ15-13 3) To the owner’s agreement to the following site development considerations: a) Minimum 32,000 square foot lots. b) Minimum heated floor area per unit – 2,400 square feet 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a right of way encroachment permit, sufficient land as necessary to provide the following: 1. Access to the site shall be subject to the approval of the City of Milton Public Works Department i. Access to the site shall meet City of Milton Code of Ordinances and AASHTO guidelines and subject to the approval of the City of Milton Public Works Department ii. Access shall be limited to one driveway within the Francis Road right of way 2. Provide bicycle and pedestrian improvements along entire property frontage of Francis Road according to Chapter 48 Streets, Sidewalks and Other Public Places and Chapter 50 Subdivisions of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. i. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, ditch drainage, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department. 3. Back of the sidewalk shall be no more than one foot inside the proposed right of way ORDINANCE NO._______ PETITION NO. RZ15-13 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO R3 (SINGLE FAMILY RESIDENTIAL) FOR 2 SINGLE FAMILY RESIDENCE LOTS PROPERTY LOCATED AT 3225 FRANCIS ROAD CONTAINING 1.45 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on July 20, 2015 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located Kings Close consisting of a total of approximately 1.45 acres as described in the attached legal description, be rezoned to the R-3 (Single Family Residential) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 611 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the R-3 (Single Family Residential) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 6 of the Zoning Ordinance of the City of Milton; and SECTION 3. 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 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Ma yor and City Council and the signature of approval of the Mayor. ORDAINED this 20th day of July, 2015. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 3225 Francis Road with approximately 211 feet of frontage on the south side, it should be approved for R-3 (Single Family Residential) 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 Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 2 total dwelling units at a maximum density of 1.38 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on April 30, 2015. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances 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) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) Minimum 32,000 square foot lots. b) Minimum heated floor area per unit – 2,400 square feet 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a right of way encroachment permit, sufficient land as necessary to provide the following: a. Access to the site shall be subject to the approval of the City of Milton Public Works Department i. Access to the site shall meet City of Milton Code of Ordinances and AASHTO guidelines and subject to the approval of the City of Milton Public Works Department ii. Access shall be limited to one driveway within the Francis Road right of way ii. Provide bicycle and pedestrian improvements along entire property frontage of Francis Road according to Chapter 48 Streets, Sidewalks and Other Public Places and Chapter 50 Subdivisions of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. i. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, ditch drainage, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department. iii. Back of the sidewalk shall be no more than one foot inside the proposed right of way SITE PLAN SUBMITTED ON APRIL 30, 2015 ME HOME OF ' FSTAM.IS1IFD2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 10, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Create a Conservation Subdivision - Chapter 50, Article V of the City Code of Milton. MEETING DATE: Monday, July 20, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (j� APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: K YES () NO CITY ATTORNEY REVIEW REQUIRED: )(YES (} NO APPROVAL BY CITY ATTORNEY ()APPROVED YNOTAPPROVED&%j irS C'ueRcwl- PLACED ON AGENDA FOR: p 7 FoRn� REMARKS V D e F- L'�o lz &'n L! N r -i c. /4 F rt -n 'Ory Fu ru ita w oirK S 0 r si b'i ©'*Yours PHONE: 678.242.25001 FAX: 678.242.2499 1nfo@6tyofm1ltonga.us I www.cityofmiltonga.us 13000 Deerfield Porkway, Suite 107 1 Milton GA 30004 OL c rr�rr„��rr.Ys a'�r y Green Community To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted June 29, 2015 for the July 20, 2015 Regular Meeting (July 6, 2015 First Presentation, July 13, 2015 for Work Session) Re: Consideration of an Ordinance to Create a Conservation Subdivision – Chapter 50, Article V of the City Code of Milton. Executive Summary: The Community Development Department initiated the creation of a Conservation Subdivision Ordinance (within Chapter 50, Subdivisions, of the City Code) to provide another tool within the “tool box” for development within the City. The Ordinance was recommended by Professor Tom Daniels of the University of Pennsylvania who authored the “City of Milton Conservation Plan” in September of 2014. The creation of a Conservation Subdivision Ordinance was recommended as one of many methods to conserve land within the City. The process began with Randall Arendt, an expert in conservation subdivision ordinances, conducting a Lecture and Design Workshop on October 13, 2014. Additional meetings and work sessions were held as listed below:  Town Hall Meeting – December 11, 2014  Community Zoning Information Meeting – January 27, and March 24, 2015  Planning Commission Work Session – April 22, 2015  Planning Commission sponsored Public Meetings – May 20, May 30, and June 10, 2015  Planning Commission Meeting with Public Hearing – June 24, 2015 These meetings were well attended by the public and other interested parties with between 50 and 75 people at each of the meetings. The proposed Conservation Subdivision Ordinance (CSO) was written by Mr. Don Broussard of Town Planning & Design, LLC based on staff input, community stakeholders, developers, builders, and other government agencies such as the Georgia Department of Natural Resources, Environmental Protection Division. 2 Staff has received a large amount of input from the community regarding the proposed CSO. Mr. Don Broussard presented the ordinance at the June 24, 2015 Planning Commission. There were approximately 13 speakers who voiced their opinions and concerns regarding the CSO. After hearing from the public and deliberating on the proposed ordinance, the Planning Commission stated unanimously that it was not the right time to recommend approval of a CSO. The Planning Commission further asked that Staff explore amending the AG-1 (Agricultural) district to further assist in the conservation of land within the City. Therefore, the Planning Commission recommended denial of the proposed CSO in a 6-0 vote. 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, deny, or withdraw it entirely. Legal Review: Paul Frickey - Jarrard & Davis (June, 2015) Concurrent Review: Community Development Department, Public Works Department, and Milton Grows Green Attachment(s): Text Amendment and Ordinance for Chapter 50, Article V of the City Code of Milton June 17, 2015 Town Planning & Design, LLC 1 ARTICLE V. – CONSERVATION SUBDIVISION 





 
Secs. 50-137—50-155. - Reserved. Sec. 50- 137. Purpose The purpose of this article is to provide additional flexibility in subdivision design to ensure preservation of green space and to promote and protect the rural character of Milton in those areas and districts so designated in the comprehensive plan and the zoning regulations. The purpose and intent of the Conservation Subdivision regulations also includes the following: a. To implement the Comprehensive Plan and the Conservation Plan (dated 2014) of the City of Milton as adopted and to maintain the low-density and rural character of those areas so designated in those policy documents. b. Prevent flooding, erosion, and water pollution, and protect the quality and quantity of drinking water by providing permanent green space as a measure for nonstructural control of stormwater runoff in the watershed of the Little River, a tributary of the Etowah River, and in the watersheds of other streams within the city by preventing over-development. c. To protect those areas of the municipality with prime agricultural soils for their continued or future agricultural use by conserving blocks of land large enough for efficient farm operations. d. To provide green space suitable for raising and keeping horses, for equestrian sports and training, and for riding trails. e. To conserve scenic terrain, natural beauty, and designated viewsheds; to create scenic views by reducing the perception of density and maximizing the number of dwellings with direct access to and views of green space. f. To reduce soil erosion and sedimentation by minimizing land disturbance and minimizing the removal of vegetation in residential development. g. To encourage street designs that promote public safety by reducing traffic speeds and promote construction of roads, walks, bike paths, and riding trails within the conservation subdivision and that connect to neighboring communities, schools, and businesses to reduce reliance on auto travel and major arterial roads. h. To preserve native vegetation, aquatic and terrestrial wildlife habitat by providing interconnected greenways contiguous to green space in adjacent areas and jurisdictions to enable the safe movement and migration of wildlife. i. Conserve sites of historic, cultural, architectural, or archeological value by placing those sites in protected green space. j. Promote a less sprawling form of development within the tract proposed for subdivision that encourages a sense of community by providing parks and community facilities that serve as focal points and public gathering places in the neighborhood. June 17, 2015 Town Planning & Design, LLC 2 Sec. 50- 138. Applicability of Regulations. Conservation subdivision may be applied in any zoning district designated for single-family dwellings and in the two-family dwelling zoning district. Within the AG-1 agricultural zone it shall be the preferred method of subdivision as provided below. Applicants for conservation subdivision shall comply with all other provisions of the zoning code and all other applicable ordinances and regulations except those in conflict with the provisions contained herein. (a) Major Subdivisions in AG-1 Agriculture Districts In all AG-1 zoning districts, conservation subdivision shall be the preferred method of subdivision for any tract of land proposed for subdivision meeting any of the following criteria: (1) Having a total area of 5 acres or greater; or (2) Proposes any new road or road extension, or (3) Proposes any lots less than 5 acres in lot area. The criteria above notwithstanding, any applicant for subdivision may apply for a use permit for a conventional subdivision and a public hearing before the mayor and council under Sec. 64-1546 et seq. The mayor and council may issue such a use permit if it can be shown that a conventional subdivision meets the standards of Sec. 64-1552 and that it will achieve the goals and policies of the comprehensive plan regarding open space and rural character within the AG-1 Agricultural zone. (b) Minimum area In all single family and two-family residential districts, minor subdivisions shall not be eligible for conservation subdivision. Only major subdivisions resulting in the creation of four or more lots and where the tract proposed for subdivision is a minimum of 5 acres in area are permissible to be developed according to the conservation subdivision regulations in this article. (c) Exemption for large tract subdivisions. Proposed subdivisions in which each lot proposed exceeds five acres in lot area and in which no new roads are proposed shall not be subject to conservation design requirements. (d) Ownership of Development Site. The tract of land proposed for development as a conservation subdivision may be held in single ownership or in multiple ownership. When held in multiple ownership, it shall be planned as a single subdivision and its development shall be governed by the certified conceptual plan. (e) Phased Development. Under a certified conceptual plan, each proposed phase of a conservation subdivision must meet the density criteria established herein and may not exceed the density for the zoning district except as otherwise provided in these regulations. June 17, 2015 Town Planning & Design, LLC 3 (f) Site Suitability. The tract incorporating the conservation subdivision shall be suitable for supporting development in terms of environmental conditions, size, and configuration as provided herein and based upon the site analysis map, the yield plan, and the proposed conceptual plan. (g) Sensitive Area Disturbance. The proposed design shall minimize disturbance of environmentally sensitive areas, as shown on the site analysis map. Lands within the 100-year floodplain, lands designated as wetlands, having slopes in excess of 25%, and riparian buffers adjacent to streams constitute such environmentally sensitive areas. Demonstration by the applicant that these features shall be protected by the proposed application shall be prerequisite to consideration and approval of the conservation subdivision conceptual plan and subsequent Final Plat. (h) Effect of Conceptual plan. Approval of the conceptual plat shall bind all land within the plat to the requirements and conditions of the conservation subdivision regulations and all conditions of approval. Should the developer or land owner subsequently sell or otherwise transfer their interest in the property, all heirs and assigns shall be bound to the approved conceptual plan, unless amended by or approved by the planning commission or until the plat approval expires as provided in Sec. 50-91 of the subdivision regulations. Sec. 50- 139. Submittal Requirements for Conservation Subdivisions (a) Application The application for conservation subdivision shall be executed by all property owners, including holders of deeds to secure debt, as recorded in the official records of the Superior Court of Fulton County, or by their authorized agents. Application forms shall be available at the offices of the director. (b) Ownership Documentation The application shall include all contiguous holdings of the owner including land in common ownership as defined in these regulations, with an indication of the portion proposed for subdivision accompanied by an affidavit of ownership which shall include the date the respective holdings of land were acquired, together with the book and page where each conveyance to the present owner is recorded in the office of the Clerk of Superior Court of Fulton County. (c) Context Map A map showing the location of the proposed subdivision within its neighborhood context shall be submitted. For sites under 100 acres, such maps shall be at a scale not less than 1 inch = 200 feet and shall show the relationship of the subject property to natural and man- made features existing within 1,000 feet of the site. For sites of 100 acres or more, the scale shall be 1 inch = 400 feet, and shall show the above relationships within 2,000 feet of the June 17, 2015 Town Planning & Design, LLC 4 site. The features shown on the context map shall include topography from USGS maps (or comparable sources), stream valleys, wetland areas, woodlands over one-half acre in area (obtained from aerial photos), ridge lines, public roads and trails, utility easements and rights-of-way, public land, and any land protected under conservation easements. (d) Site analysis map The purpose of the site analysis map is to a) familiarize City staff and officials with the existing resources and conditions found on and around the site; b) ensure that the important site features have been adequately identified prior to the creation of the subdivision design; and, c) ensure that the proposed green space will meet the requirements of this article. This map shall be submitted prior to the official site visit and shall form the basis for the development design shown on the conceptual plan. The site analysis map shall include the following features: (1) Property boundaries (2) All streams (perennial and intermittent), rivers, lakes, wetlands and other hydrologic features (3) Topographic contours of no greater than 10-foot intervals (4) All Primary and Secondary Conservation Areas labeled by type, as described in this Article (5) Vegetation characteristics (6) Groundwater recharge areas (7) Significant wildlife habitats, if known (8) Historic, archeological, and cultural features (9) Detailed Soil Investigation identifying all soils suitable and unsuitable for wastewater treatment (10) Planned location of protected green space (11) Existing roads and structures (12) Potential connections with existing green space and trails (13) Identification of surrounding property characteristics and land use (e) Yield Plan. The maximum number of lots in the Conservation Subdivision shall be based on a conventional subdivision design plan, prepared by the applicant, in which the tract of land is subdivided in a manner intended to yield the highest number of lots possible to be permitted by the underlying zoning classification subject to other regulations, particularly, those governing on-site sewage treatment systems. The yield plan is a sketch plan that is not required to meet the formal requirements for a subdivision concept plan, but it must be drawn to scale and be capable of being constructed given existing site features and all zoning regulations applicable to a conventional subdivision. The yield plan shall exhibit the following elements: (1) Rights-of-way of existing public streets and highways, of existing private streets, and rights-of-way of utility lines whether public or private. (2) 100-year floodplains (3) Wetlands that meet the definition of the Army Corps of Engineers: June 17, 2015 Town Planning & Design, LLC 5 (4) Steep slopes over 25% of at least 5000 square feet contiguous area; (5) bodies of open water over 5,000 square feet in contiguous area; (6) Extensive rock out-crops. (7) anticipated right-of-way needs for roads; (8) areas needed for on-site sewage treatment systems or community sewage treatment systems, and stormwater detention areas. (9) All proposed lots (10) Topographic contours at 20-foot intervals minimum (f) Sketch Plan A sketch plan of the proposed design may be submitted by the applicant as a diagrammatic basis for discussion and review to the staff, the planning commission, and city council. Applicants are strongly encouraged to submit a sketch plan. However, the sketch plan is not a formal filing for conceptual plan approval. The sketch plan may be prepared as a simple overlay sheet placed on top of the existing resources map. The sketch plan consists of the following information and elements: (1) Name and address of the legal owner, the equitable owner, and / or the applicant; (2) Name and address of the professional engineer, surveyor, planner, architect, landscape architect, or the site designer responsible for preparing the plan; (3) Graphic scale not greater than 1 inch = 200 feet, (however, dimensions on plan need not be exact) and north arrow; (4) Approximate tract boundaries, sufficient to locate the tract on a map of the community; (5) Location map (6) Zoning district (7) Streets existing and proposed both on-site and adjacent (8) 100-year floodplains; wetlands (9) topographic contours (10) Schematic layout (bubble format is acceptable) identifying areas for development and areas for conservation (11) Proposed general street and lot layout (12) General description of proposed method of water supply, waste water treatment, and storm water management. Schematic layout identifying any proposed drain field locations for wastewater treatment. Sec. 50- 140. Procedure for Review and Approval (a) Pre-Application Meeting A pre-application meeting is required between the applicant, the site designer and the planning staff. The purpose of the pre-application meeting is to review the City’s zoning and subdivision regulations and procedures, to discuss the applicant’s objectives for that site and to schedule site visits, additional meetings, and plan submissions. Applicants must present the context map at this meeting. June 17, 2015 Town Planning & Design, LLC 6 (b) Review of site analysis map. Prior to the site visit required in paragraph (c) below, the site analysis map shall be submitted for review to the Community Development Director and the Public Works Director. If found inadequate, the reviewer shall provide in writing the reasons for its inadequacy, and the site analysis map shall not be accepted until adequate changes are made. (c) Planning Site Visit The applicant shall schedule a planning site visit to the subject property to obtain advice and assistance prior to preparing a plan of the subdivision for submittal. This consultation shall occur at the site of the proposed subdivision, and shall be attended by applicant, applicant's designer, community development staff, public works staff, the city arborist, and at least two but no more than three members of the planning commission. The city council member representing the district in which the property is located shall also be notified of the date, time and location for the planning site visit. A representative from any qualified land trust of the applicant's choosing that is active in the protection of land in Fulton County shall also be invited to attend the planning site visit. Attendance by abutting residents is encouraged but is at the discretion and invitation of the applicant owner of the property. The applicant shall distribute copies of the context map and the site analysis map at this on-site meeting. One or more sketch plans, if prepared by the site designer, may also be discussed and reviewed. The purpose of the site visit is to familiarize local officials with the property’s existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of green space and potential locations for proposed buildings and street alignments. Comments at the site visit made by city officials or staff and consultants shall be interpreted as being only suggestions. It shall be understood by all parties that no formal recommendations can be offered. No official decisions can be made at the site visit. (d) Sketch Plan Submission A sketch plan may be submitted as a diagrammatic basis for informal discussion with the planning officials regarding the design of a proposed subdivision or land development. The purpose of a sketch plan submission is to provide a mechanism to help applicants and local officials develop a better understanding of the property and to help establish an overall design approach that respects its special or noteworthy features while providing for the density permitted under the zoning ordinance as determined by the yield plan. (e) Elevation drawings The director of community development may require submittal of architectural drawings depicting the view of the proposed conservation subdivision from any existing or proposed public right of way from which it may be seen. The elevation drawings shall be at an appropriate scale either from an oblique or “birds eye” perspective or from a view at eye- level. The drawings shall depict proposed dwellings and other structures, green space and June 17, 2015 Town Planning & Design, LLC 7 and the proposed landscape form so that the staff, the planning commission, and the public may evaluate the impact and appearance of the project from the public ways of the city. Sec. 50- 141. Four Step Design Process for Conservation Subdivision All Concept plans for Conservation Subdivision shall include documentation of a four step design process in determining the layout of proposed green space lands, house sites, streets, and lot lines as described below. (a) Step 1: Delineation of green space lands The minimum percentage and acreage of required green space lands shall be calculated by the applicant and submitted as part of the Sketch Plan or Conceptual Plan in accordance with this ordinance. Proposed green space lands shall be designated using the existing resources map as a base map. Green space shall include all Primary Conservation areas and those parts of the Secondary Conservation areas, as defined herein, and otherwise buildable lands if needed to meet the terms of this ordinance. In delineating Secondary Conservation Areas, the applicant shall consult with Community Development staff on the prioritization of natural and cultural resources on the tract in terms of their highest to lowest suitability for inclusion in the proposed green space. Using the priorities and practical considerations given to the tract’s configuration by planning staff, its context in relation to resource areas on adjoining and neighboring properties, and the applicant’s own subdivision objectives, Secondary Conservation Areas shall be delineated to meet at least the minimum area percentage requirements for green space lands and in a manner clearly indicating their boundaries as well as the types of resources included within them. (b) Step 2: Location of House Sites. Potential house sites shall be tentatively located using the proposed green space lands as a base map as well as other relevant data on the Existing resources map such as topography and soils. House sites should be located not closer than 100 feet from Primary Conservation Areas and 50 feet from Secondary Conservation Areas, taking into consideration the potential negative impacts of residential development on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences. (c) Step 3: Alignment of Streets and Trails. Upon designating the house sites, a street plan shall be designed to provide vehicular access to each house, complying with the standards for road design in Chapter 48 and in Chapter 50 of the City of Milton Code of Ordinances and bearing a logical relationship to topographic conditions. June 17, 2015 Town Planning & Design, LLC 8 (d) Step 4: Drawing in the Lot Lines. Upon completion of the preceding three steps, lot lines are drawn as required to delineate the boundaries of individual residential lots. Lot lines are drawn as the last step. Lots shall be regular in shape and have the minimum street frontage required by zoning. Flag lots shall be permitted subject to limitations in length and area. Sec. 50- 142. Conceptual Plan After competing the four-step design process, the design shall be consolidated into a proposed conceptual plan for the conservation subdivision. At least one copy of the proposed conceptual plan shall be reproduced at the same scale as the site analysis map and on transparent or translucent material so that it may be over-layed upon the site analysis map for accurate comparison. Additional digital copies of the overlay may be required for the planning commission members and shall be at a suitable scale and detail to be clearly read. The conceptual plan shall contain the following information, elements, and format: (1) Name and address of the legal owner, the equitable owner, and the developer applicant; (2) Name and address of the professional engineer, land surveyor, architect, landscape architect, or the site designer responsible for preparing the plan; (3) Graphic scale not greater than 1 inch = 200 feet, and north arrow; (4) Approximate tract boundaries, adequate benchmarks sufficient to locate the tract on a map of the community and on the state coordinate system; (5) Location map (6) Zoning district and district boundaries on the site; (7) Streets existing and proposed both on-site and adjacent; (8) Streams, stream buffers, and bodies of water; 100-year floodplains; wetlands meeting US Army Corps of Engineers definition; (9) topographic contours at minimum 5-foot intervals. (10) areas designated for conservation and any areas designated for phased development; (11) Proposed lot layout and lot areas (12) Location and description of all proposed structures within green space areas; (13) Description of proposed method of water supply, waste water treatment, and storm water management. Locations for proposed water wells, wastewater treatment facilities and drain field locations. (14) Locations of any required buffers and proposed tree-save areas. June 17, 2015 Town Planning & Design, LLC 9 Sec. 50- 143. Planning commission hearing and approval required. (a) Public Hearing. Official submittal of a proposed conceptual plan for approval shall include required accompanying material including all approved permits or permit applications for wastewater treatment. Upon a complete submittal the secretary to the planning commission shall call a public hearing for the next scheduled meeting of the planning commission to be held at least four weeks after the date of the application. The director of community development shall submit a notice for publication in one newspaper of general circulation to be published at least 15 days prior to the public hearing and mail notices to all property owners as specified in Sec. 64-___. The director shall maintain file copies of the conceptual plan and supporting plans and documents for public review prior to the hearing. The director of community development shall furnish four (4) posters to the applicant to be posted by the applicant on the four closest public roads in visible locations surrounding the proposed subdivision property at least 10 days prior to the public hearing. At the time of the public hearing, the applicant shall submit an affidavit stating that the applicant has placed four (4) poster signs provide to him by the director at the locations required above. (b) Approval of the Conceptual Plan. The planning commission shall review the conceptual plan and the supporting yield plan, site analysis map and other plans and documents, the report of the directors of community development and public works, any municipal recommendations, and the testimony and exhibits submitted at the public hearing. The applicant shall be advised of any required changes and /or additions to the proposed conceptual plan. The planning commission shall approve, conditionally approve, or disapprove the conceptual plan within 30 days from the official submission date of the conceptual plan for the conservation subdivision. One copy of the proposed conceptual plan shall be returned to the developer with the date of approval, conditional approval or disapproval and the reasons therefore accompanying the plan. Before the Commission approves a preliminary plat showing park reservation or land for other local government use that is proposed to be dedicated to the local government, the planning commission shall obtain approval of the park or land reservation from the mayor and council. If the planning commission disapproves the proposed subdivision, the applicant may initiate an appeal in the manner prescribed in Sec. ___. Sec. 50- 144. Lot Design Standards (a) Lot Sizes. Minimum. Once the number of allowed lots is determined, the smallest allowable lot size is 8,000 square feet consisting of no more than 33% of the allowable lots for the Conservation Subdivision. Maximum. There is no maximum lot size. June 17, 2015 Town Planning & Design, LLC 10 (b) Estate Lots Estate lots with a minimum area of 4 acres in area that are intended for one principal single-family detached dwelling and one accessory dwelling (maximum 800 sq. ft. floor area) in which a minimum of 50% of the lot area is protected by a permanent conservation easement under Sec. 50-148 and no further subdivision shall be permitted. The green space within such lots, though not owned in common, shall be counted toward satisfying the minimum green space requirement of the conservation subdivision. (c) Double Frontage Lots Prohibited Double frontage lots shall be prohibited except for lots greater than four (4) acres in area. On such lots, either a conservation easement covering 50% of the lot area or an easement prohibiting vehicular access to one of the frontages shall be placed on the conceptual plan and the final plat. (d) Area and Yard Requirements Placement. The placement of all principal buildings shall provide for safe, quiet, and harmonious grouping as well as adequate privacy by providing adequate front, side, and rear yards as shown in Table ___21-1. [Insert Table HERE] Lot Standards AG-1 in Conservation Subdivisions AG-1 Cottage Lots Traditional Lots Large Lots Estate Lots Lot Width - minimum 100 60 80 100 200 Lot Area – minimum 1 acre (43,560 s.f.) 8,000 s.f. to 16, 000 sf 16,001 to 22,000 22,001 to 3.99 acres 4 acres Setbacks Front 60 30 30 60 150 Side Side interior line 25 10 10 20 100 Adjacent to street 40 30 100 Rear 50 20 30 40 100 Lot Coverage (% impermeable) Minimum Public Road Frontage 35 25 35 35 50 Maximum Height 40 35 40 40 40 Minimum Heated Floor Area No minimum 800 sf There shall be a minimum building separation requirement of 20 ft. between all principal buildings. June 17, 2015 Town Planning & Design, LLC 11 Accessory buildings shall be placed in side or rear yards but shall not be placed within minimum required yards. Detached garage buildings shall be prohibited in front yards. Minimum alternative building setbacks or build-to lines may be proposed by the applicant of the Conservation Subdivision and may be adopted as a condition of approval if recommended by the director of community development. The final plat for a Conservation Subdivision shall display on each lot a building envelope sufficient to contain the proposed principal building and any customary accessory structures. (e) Locations of Lots and Structures House lots shall not include any Primary Conservation Areas. Lot layout shall respect Secondary Conservation Areas. For any Secondary Conservation Areas not included in green space, such areas shall not be included within the buildable area of any lot. The Conservation Subdivision shall have setbacks for all proposed dwellings along the exterior property boundary. The resulting setback yards shall serve as a buffer wherever their pre-development condition remains undisturbed by construction and development by the subdivider and subsequent homebuilders. Where existing vegetation or land disturbance takes place, the buffer shall be re-planted with such native vegetation to restore the original condition and meet the intent of this section. Views of house lots from exterior road and abutting properties shall be minimized by the use of existing topography, existing vegetation, or additional landscaping that meets landscaping requirements of the Zoning Ordinance or the City Arborist House lots shall generally be accessed from interior streets rather than from existing roads bordering the tract. At least three-quarters (3/4 or 75%) of the lots should directly face, abut or be across a street from Primary or Secondary Conservation areas. Sec. 50- 145. Discretionary Density Bonus The director may recommend and the planning commission may approve such bonus lots on the following basis: 1) as an incentive for the installation and maintenance of community wastewater systems; or 2) as an incentive for the maintenance of green space, or 3) to provide for public dedication of or public access to green space. Offers of dedication must receive approval by the mayor and council and such approval recorded on the final plat (see: Sec. 50-47). June 17, 2015 Town Planning & Design, LLC 12 The developer may seek approval of lots beyond those resulting from the yield plan according to the following table based upon a factor of 10 percent above the number of lots shown on the yield plan. Number of Lots in Yield Plan Maximum No. of Bonus Lots Permissible 5 – 14 lots 1 15 – 24 lots 2 25–34 3 35–44 4 45 lots 54 5 55 lots or more 10% x number of lots on yield plan. (Fractions ≥ 0.5 round up to next whole number) Sec. 50- 146. Green space standards. (a) Green space required. Within a conservation subdivision, the minimum required green space shall comprise at least 60% of the gross tract area of the proposed conservation subdivision. Green space shall consist of all primary conservation areas, if any; secondary conservation areas, or lands that are otherwise considered buildable in a sufficient amount to meet the 60% minimum requirement. To the extent practicable, green space shall be preserved in larger, contiguous, and connected tracts so as to provide uninterrupted habitat for plants wildlife. The green space should adjoin any neighboring areas of green space, other protected areas, and non- protected natural areas that would be candidates for inclusion as part of a future area of protected green space. (b) Primary Conservation areas. Primary Conservation areas are lands that serve important ecological purposes and possess beneficial environmental qualities contributing to the health of the local community. All land identified as Primary Conservation Areas shall be undisturbed, except as provided herein. Primary Conservation Areas shall include: (1) The 100-year floodplain. (2) Riparian zones of at least 75 ft width on either side along all perennial and intermittent streams. June 17, 2015 Town Planning & Design, LLC 13 (3) Riparian zones of at least 75 ft width on either side along the Little River Corridor (4) Slopes above 25% of at least 5000 square feet contiguous area (5) Wetlands as defined by state and/or federal regulations. (6) Populations of endangered or threatened species, or habitat for such species. (c) Secondary Conservation Areas. The following are considered Secondary Conservation Areas and should be protected to the maximum extent feasible in order to meet the minimum green space requirement. (1) Important historic sites subject to approval indicating that these structures are compatible with the City of Milton Zoning Ordinance. (2) Existing healthy, native forests of at least one acre contiguous area (3) Individual existing healthy trees greater than 6-14 inches diameter at breast height (DBH), depending on species (see notes). (4) Other significant natural features and scenic viewsheds such as ridge lines, peaks, and rock outcroppings, in particular those that can be seen from public roads. (5) Prime agricultural lands, and farmland of statewide importance, as defined by the Natural Resource Conservation Service, of at least five acres contiguous area. (6) Existing trails that connect the tract to neighboring areas. (7) Archaeological sites, cemeteries, and burial grounds subject to the requirements of Article XVII Division 4 of the City of Milton Zoning Ordinance. (8) Buffers required by the zoning ordinance. (d) Permitted Uses of Green space. Uses of green space may include the following: (1) Conservation of natural, archeological, or historical resources; (2) Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas; (3) Walking or bicycle trails, provided they are constructed of permeable materials; (4) Passive recreation areas, such as open fields; (5) Community gardens June 17, 2015 Town Planning & Design, LLC 14 (6) Active recreation areas, provided that they are limited to no more than 10 percent of the total green space and are not located within Primary Conservation Areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected green space. Active recreation areas may include small impervious areas. However, such impervious areas shall not count towards the minimum green space requirement. Active recreation areas shall not include large impervious areas in excess of 20,000 square feet in total area. (7) In AG-1 zoned green space: agriculture, horticulture, silviculture or pasture uses, provided: that all applicable best management practices are used to minimize environmental impacts; that such activities are not conducted within Primary Conservation Areas; and, no existing healthy, native forests of more than one contiguous acre in size are removed to allow for such activities. (8) In AG-1 zoned green space: Equestrian paddocks, corrals, horse stables and barns, practice show rings, outdoor riding arenas, courses for show jumping, for dressage, or for cross-country riding, and their customary accessory uses provided that buildings used for housing animals must be set back at least 100 feet from all property lines. (9) Landscaped stormwater management facilities, nonstructural stormwater management practices and structural stormwater management practices that allow for infiltration, such as bio-retention areas; (10) Individual and community wastewater treatment systems, and their associated drain fields when located on soils particularly suited to such uses provided that such facilities shall be located outside of any Primary Conservation Areas; (11) Easements for drainage, access, and underground utility lines; or (12) Other conservation-oriented uses compatible with the purposes of this ordinance. (e) Prohibited uses of green space. Uses of green space may not include the following: (1) Roads, parking lots, and impervious surfaces, except as specifically authorized in this article; (2) Agricultural and forestry activities not conducted according to accepted Best Management Practices; (3) Other activities as prohibited pursuant to a recorded legal instrument providing for permanent protection of the green space; and. (4) Golf Courses. June 17, 2015 Town Planning & Design, LLC 15 (5) Impoundments of water with a surface area in excess of of 10 percent of the green space, whichever is less. Sec. 50- 147. Ownership, preservation, and maintenance of green space. Green space land shall be preserved and maintained solely for the purposes specified in section _____. The method for effectuating such preservation and maintenance shall be one of the following: A. Establishment of a home owners association (HOA), to own and maintain the land in common for the green space purposes intended according to the following provisions: With their application for a permit to develop a Conservation Subdivision, developers will create and submit documentation detailing the minimum requirements and structure for the HOA The HOA will maintain, pay taxes, and own the green space. It shall also have the legal authority, under its bylaws, to place liens on properties when owners fail to pay their dues, after three notices have been sent to them Membership in the HOA is mandatory for all homeowners and dues shall be uniform. The HOA will execute legally enforceable permanent conservation easement as described in section _____. It is recommended that at least one member of the HOA should receive training in or be conversant in, wildlife habitat conservation, enhancement, and maintenance Each homeowner should be given site-specific information about indigenous habitat and diversity of species The HOA shall develop a long-term conservation plan for maintenance of common areas. This plan should include examples of environmentally friendly landscaping techniques for homeowners. B. Dedication of legally described and platted green space to the City of Milton Mayor and City Council shall be at the discretion of and approval by the City of Milton Mayor and City Council. C. Conveyance of legally described and platted green space to a land trust established in compliance with the requirements of Georgia law shall be for conservation purposes. June 17, 2015 Town Planning & Design, LLC 16 (a) Legal Instrument for Permanent Protection. Green space shall be protected in perpetuity by a binding legal instrument which shall be one of the following: A. A permanent conservation easement conforming to a form provided by the City, in favor of either: 1. A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for re-transfer in the event the organization becomes unable to carry out its functions; subject to the approval of the Mayor and City Council, or 2. A governmental entity with an interest in pursuing goals compatible with the purposes of this ordinance, subject to the approval of the Mayor and City Council. B. All legal instruments used to permanently protect conservation areas platted within the Conservation Subdivision shall be executed by the owner developer and approved by the City Attorney prior to approval of the final plat for the development. Upon approval of the final plat and the legal instruments for permanent protection of the conservation areas, the City will record said documents with the Clerk of the Superior Court’s office. All fees associated with the recordation of plats and legal instruments will be furnished by the developer of the Conservation Subdivision or his agent. Sec. 50- 148. Infrastructure standards in conservation subdivisions. (a) Roads and streets. Roads within Conservation Subdivisions shall in general comply with the standards in the subdivision regulations of the city of Milton (Chap. 50) and in particular, comply with “Design Standards For Streets in Conservation Subdivisions” set forth in the standard details for land development activity. The design of streets, within the Conservation Subdivision, shall be reviewed and be approved by the Public Works Director prior to approval of a conceptual plan. Cul-de-sac streets are generally prohibited and may be permitted only if no other feasible street design is possible. The placement of half cul-de-sacs to accommodate right angle changes in street alignment is expressly prohibited. Alternatives to the cul de sac are: loop streets, loop lanes, single loaded streets and crescents as shown in the “Design Standards For Streets in Conservation Subdivisions”. Turf, trees and other vegetation shall be used for the inner circle of turn-arounds, rather than paving the entire area. A note on the final plat and in the neighborhood bylaws shall declare the HOA responsible for the maintenance of such landscape areas Residential streets shall provide more than one entrance to the subdivision and interconnect with external or adjoining public streets where feasible. June 17, 2015 Town Planning & Design, LLC 17 Minor subdivision streets serving less than 50 dwelling units may omit curbs wherever total gross density of the conservation subdivision is less than 1.5 units per acre if approved by the director of public works. (b) Trails. Marked paths and trails shall be provided with improved surfaces for non-vehicular traffic within the development and connecting to neighboring residential and commercial areas where such opportunity exists. Where trails are planned, such trails may be constructed within the buffer area. The path through the buffer area containing such trail may be no wider than 8 feet. All clearing associated with the construction of such path shall be contained within 10 feet. If such trails are planned as a part of the development, the trails must be located within the first 25% of the buffer furthest from the exterior boundary line for the subdivision but in no event shall be within 30 ft. of said exterior boundary line. (c) Wastewater utility systems. Wastewater treatment systems and water wells may be placed in suitable locations within Secondary Conservation Areas. The locations shall be established in conformity with plans and permits from the Georgia Environmental Protection Division or the Fulton County Health Department as appropriate. Easements shall be placed on all wastewater treatment system facilities and components such as drain fields and drip lines; and water wells when such structures are placed within green space. The easements shall be for the purposes of maintenance access and for defining ownership. When located in green space conservation areas, the ownership and maintenance of the individual septic system drain fields shall be the responsibility of the owner of the lot served by that drain field. Ownership and maintenance of any community wastewater treatment system shall be the responsibility of the developer, a homeowners association or an owner/ operator licensed by the State of Georgia to operate such a system. Ownership and maintenance of individual septic tank systems or parts thereof, and parts of community wastewater treatment systems, and water wells located on lots shall be the responsibility of the individual lot owners. The city of Milton is authorized to serve as a trustee for a community wastewater system if approved by the director of public works and the city attorney and ratified by the mayor and council. The city of Milton may require appropriate and reasonable surety and guarantees, and specifications regarding the construction, operation, and maintenance of any community wastewater treatment system for which it agrees to serve as a trustee. Issuance of permits by other governmental authorities for construction of a community wastewater system does not obligate or bind the City of Milton planning commission to approve any proposed conservation subdivision. June 17, 2015 Town Planning & Design, LLC 18 (d) Stormwater structures. Conservation subdivisions shall comply with Sec. 50-185 Stormwater Provisions. Storm water management structures designed to promote on-site infiltration and/or treatment of runoff and that comply with the City of Milton’s adopted Stormwater Management Manual (chapter 20, article IV of the City Code) may be permitted in green space in suitable locations within Secondary Conservation Areas if approved by the Public Works Director. In general, storm water utility systems shall not be allowed to encroach into an exterior buffer as defined herein. Notwithstanding other provisions to the contrary, the City of Milton Public Works Director may permit stormwater control structures to be built within a required buffer if it is determined that this is the only practical location. The area devoted to the installation of the stormwater structure may not be used to satisfy the green space requirement for the development. Where stormwater structures are allowed within the buffer, the developer shall plant sufficient vegetative material to effectively screen the location of such structure and obscure such structure from view. All walls or other hard surfaces of such structure shall be painted a muted earth-tone color or shall be faced with other materials to further conceal such structure from view. Sec. 50- 149. Buffers. All buffers required by the applicable zoning district shall be shown on the conceptual plan and the final plat. All buffers and setbacks required by other ordinances and regulations, such as permits for wastewater systems, water wells, or for stormwater facilities shall be applicable and all such facilities and structures shall comply with those requirements. The placement of additional buffers under the conservation subdivision regulations shall be for the purpose of screening new house lots from view of existing adjoining house lots and for buffering impacts of new development (such as privacy and noise) upon existing residences. For proposed lots having less than 50% of the minimum lot area required by the zoning ordinance, the following buffers and designs shall be required: No such lots shall adjoin existing abutting dwellings on lots conforming to the zoning ordinance. A buffer, minimum 50-feet in width, shall be placed between the proposed lots and the perimeter boundary of the proposed subdivision that is shared with the existing dwellings. Buffers shall be required along the perimeter boundary of the conservation subdivision: a) where ever resources exist off-site on the abutting property which, if proposed for conservation subdivision, would qualify as primary or secondary conservation areas; or b) where ever the opportunity exists to match up and reinforce a similar buffer and green space that might be planned in the future on the abutting property. June 17, 2015 Town Planning & Design, LLC 19 In buffers placed along a perimeter boundary of the conservation subdivision, no fence or other structure shall be placed that would impede the free movement of wildlife within such a green space buffer. Estate lots may be placed fronting along existing roads adjoining the proposed conservation subdivision and no buffer shall be required. Upon recommendation of the director of community development, the planning commission may require buffers up to 150 feet in width along the subdivision perimeter where insufficient forest or terrain exists to provide visual screening and where added separation of the proposed lots achieves those purposes. However, if the community development director determines that the adjoining properties are in agricultural use or that they are undeveloped and suitable and likely candidates for conservation subdivision, then the director may waive such required buffer. All buffers 50-feet or greater in width may count toward the required green space of the conservation subdivision. Proposed DEFINITIONS. [new] Commentary: Users should review local, county and state definitions sections to ensure compatibility with the recommended definitions in this model. Build-Up Line. The height of a building’s cornice, which establishes the vertical visual dimension of a building and defines its proportion in relation to the street. Building-to-Building Distance. The horizontal distance between the facades of buildings on opposite sides of a street, excluding porches, stoops and projecting eaves. Cropland shall be defined as tracts of land of two (2) acres or greater, used for growing cultivated plants or agricultural produce, such as grain, vegetables, or fruit; or which could be fallow, if such inactivity is a part of the agricultural production process being exercised on the land and such inactivity has not existed for more than two years. Such use of land must be present and active. Potential use of land as cropland does not qualify under this definition Pasture land shall be defined as tracts of land of two (2) acres or greater, on which grass or other vegetation is grown and eaten as food, or is set aside for use by domestic grazing animals. Such use of land must be present and active. Potential use of land as pasture does not qualify under this definition Estate lot – a lot with a minimum area of 4 acres that is intended for one principal single- family detached dwelling and in which a minimum of 50% of the lot area is protected by a conservation easement and no further subdivision is permitted. Estates lots are a technique for owning and maintaining green space in non-common ownership. June 17, 2015 Town Planning & Design, LLC 20 Garage, front loaded. A garage having its vehicular entry door facing the street. Garage, side loaded. A garage having its vehicular entry door facing a side yard. Garage, rear loaded. A garage having its vehicular entry door facing an alley or rear lane. Prime farmland is the land best suited to producing food, feed, forage, fiber and oilseed crops as defined in the Soil Survey of Fulton County Georgia (published by the USDA and UGA College of Agriculture Agric. Experiment Station). Prime farmland can now be in cropland, pastureland, woodland or other land uses but not in urban land, built-up land, or in water areas. It is either currently used for producing food or fiber or is available for these uses. Primary Conservation Area. All floodplains, wetlands, and steep slopes greater than 25 percent on a development parcel. Secondary Conservation Area. Lands that are set aside as permanent Greenway Land on a development parcel, excluding Primary Conservation Areas. Terminal Vista. The building or landscape element that is visible at the end of a street, or along the outside edge of a curve, where the view is focused or ends. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO CREATE A CONSERVATION SUBDIVISION ORDINANCE IN CHAPTER 50, SUBDIVISIONS, ARTICLE V WITHIN 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 July 20, 2015 6:00 p.m. as follows: SECTION 1. That the creation of Article V, Conservation Subdivision Ordinance within Chapter 50, Subdivisions, of the City Code of Ordinances 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 20th day of July, 2015 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) !"AU HOME OF ' lip ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 13, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Ratifying Confirmation of Transferable Development Rights Between Robert A. Brannon and the City of Milton, Georgia. MEETING DATE: Monday, July 20, 2015 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: k YES () NO CITY ATTORNEY REVIEW REQUIRED: OYES ONO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: Q -7 REMARKS © _* Youm PHONE: 678.242.25001 FAX: 678.242.2499 ` Green`�.� infoftityofmiltonga.us 1 www.cityafmiltonga.us a[LouFi COmmunity 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION RATIFYING CONFIRMATION OF TRANSFERABLE DEVELOPMENT RIGHTS BETWEEN ROBERT A. BRANNON AND THE CITY OF MILTON, GEORGIA BE IT RESOLVED by the City Council of the City of Milton, Georgia, while in regular session on the 20th day of July, 2015 at 6:00 PM, as follows: WHEREAS, on June 25, 2015, the Mayor of the City of Milton executed a document entitled “Confirmation of Transferable Development Rights,” a copy of which is attached hereto as Exhibit “A”; and WHEREAS, the City Council of the City of Milton finds the Confirmation of Transferable Development Rights to be in the best interest of the public health, safety, and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MILTON, GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID COUNCIL: The City of Milton does hereby ratify the Confirmation of Transferable Development Rights attached hereto as Exhibit “A” and execution of the same by the Mayor of the City of Milton on June 25, 2015. RESOLVED this 20th day of July, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk CROSS REFERENCE TO: RETURN TO: Deed Book 50644, Page 97, Deed Book 51741, Page 294, and Deed Book 53269, Page 543. Fulton County, Georgia Records. STATE OF GEORGIA COUNTY OF FULTON AFTER RECORDING, Mr. Robert A. Brannon 15144 Taylor Road Milton, Georgia 30004 CONFIRMATION OF TRANSFERABLE DEVELOPMENT RIGHTS THIS CONFIRMATION OF TRANSFERABLEVELOPMENT RIGHTS (herein referred to as this "Confirmation") is made thisy of June, 2015, by and bctwcen ROBERT A. BRANNON, his personal representatives, beneficiaries, heirs, successors, and assigns, having an address at 15144 Taylor Road, Milton, Georgia 3(3004 ("Brannon") and THE CITY OF MILTON, GEORGIA, a political subdivision of the State of Georgia, its successors and assigns having an address at 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 ("Milton"). WITNESSETH: WHEREAS, in accordance with the City of Milton's Transferable Development Rights Program, Chapter 64, Article XIX, Section 1.7.1, et seq., of the City of Milton, CTeorgia Municipal Code (the "Milton Code"), Brannon has subjected 5.00 acres more or less to a conservation easement (the "Conservation Easement Property"); and WHEREAS, as material inducement for Brannon subjecting the Conservation Easement Property to the easement, Brannon has applied to Milton for, and Milton has granted to Brannon, five (5) transferable development rights (collectively, the "TDRs" and individually, a "TDR" ); and WHEREAS, Brannon is the owner of that certain improved real property as more particularly described on Exhibit "A," attached hereto and incorporated herein by this reference (the "Property"); and [CONFIRMATION OF TRANSFERABLE DEVELOPMENT RIGHTS CONTINUES ON FOLLOWING PAGE.] [CONFIRMATION OF TRANSFERABLE DEVELOPMENT RIGHTS CONTINUED FROM PREVIOUS PAGE.] WHEREAS, Brannon and Milton desire to confirm and evidence the creation of TDRs from the Conservation Easement Property through recording this Confirmation in the Real Estate Records of the Clerk of Superior Court of Fulton Count. Georgia. NOW, THEREFORE, for and in consideration of the sum of Ten and NoflOO dollars and/or other good and valuable consideration in hand paid, the receipt whereof is hereby acknowledged, the undersigned parties acknowledge, covenant and agree as follows: As of the date hereof, Milton has approved the Conservation Easement Property as an open space sending site pursuant to Chapter 64, Article XIX, Section 1.7.3, of the Milton Code, and any subsequent ordinance regulating TDRs (collectively, said code and all amendments, replacements or any subsequent ordinances are referred to as the "TDR Program") that Milton may adopt from tittle to tune. In accordance with the TDR Program. Milton acknowledges and agrees that Brannon has been issued five (5) TDRs. Milton further acknowledges and agrees that Brannon may at any time, and from time to time, for purposes of the TDR Program, transfer one or more TDRs (including partial TDRs comprising less than one (1) whole TDR) to a TDR receiving site in accordance with the TDR Program and without the necessity or requirement of Brannon making and rnt,-ri„o into anv recordable instruments with the purchaser(s) of the TDRs. The City makes no representations with respect to the notice of transfer of the TDRs other than program. legal requirements for documentation and with respect to compliance with the TDR IN WITNESS WHEREOF, Brannon and Milton have executed this Confirmation as of the day and year first above written_ BRANNON: Robbie A. Brannon Si ned, seated, and delivered in the presence of: \n Unofficial it ss -T- a rl Notary Publics „��,r,rrur+r,rrrrr,n,, STATE OF COUNTY OF vd, i b i'') E M,- Commission Expires:(V' (Notary Seal) [SIGNATURES CONTINUED ON FOLLOWING PAGE.] CITY OF MILTON: CITY OF MILTON, a political subdivision of the State of Georgia By. / Its: yVl d� d, sealed and delivered in the presence of: Unoflici itncss fi Notary Public STATE OF C-7 COUNTY OF Q ii @LCL Q My Commission Expires: �1 ( b -e - WA [SIGNATURES CONTINUED ON FOLLOWING PACE.] Branch Banking and Trust Company ("BB&T") joins this Confirmation for the sole purpose of acknowledging and consenting to the creation and recording of this Confirmation. . BRANCH BANKING AND TRUST COMPANY By r'°�c�C% s� tc��rn Vic Name:'C�� Title: 1`.ec -=, PIV V Signed, sealed and delivered in the presence of: Unofficial Witness Notary Public 11 k— k-) STATE OF aMM 'AW COUNTY OF°0j My Commission Expires: (Notary Seal) [SIGNATURES CONTINUED ON FOLLOWING PAGE.] Mortgage Electronic Registration Systems, Inc. as nominee for Branch Banking and Trust Company ("MERS") joins this Confirmation for the sole purpose of acknowledging and consenting to the creation and recording of this Confirmation. . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Branch Banking and Trust Company Name:. na! _c'; rj_ Title: tr ;�• _ W i w 1999 ua — i�j 'fid. ''•�.s�•w*� 3e �,` Signed, sealed and delivered in the presence of: ��f���taata► ��°�` & An Unofficial Witness P qa, H o_. STATE OFtA •"`"��`i`°' F0 COUNTY OF rte_ t "`4p`��`''•'� `4 I Ery`, aT M Commission Expires: ate , ao ! Gl uBoo (Notary Seal) [END OF SIGNATURE PAGES TO CONFIRMATION OF TRANSFERABLE DEVELOPMENT RIGHTS] (EXIHBIT BEGINS ON FOLLOWING PAGE.] EXHIBIT A DESCRIPTION OF BRANNON PROPERTY All that tract or parcel of land lying and being located in Land Lots 561 and 562,. District 2, Section 2. Fulton County, Georgia, within the City of Milton. and being more particularly described as follows: Beginning at an iron pin found (1" CJT) at the northwest corner of Land Lot 562, said corner being the common corner of Land Lots 518. 519. 562, and 563; THENCE South 88 degrees 30 minutes 50 seconds East for a distance of 568.65 feet along the north line of Land Lot 562 to a point; THENCE continuing. South 88 degrees 30 minutes 50 seconds East for a distance of 740.32 feet along the north line of Land Lot 562 to an iron pin found (1" O/T, tall) at the northeast corner of Land Lot 562, said corner being the common comer of Land Lots 519, 520. 561. and 562; THENCE leaving said north line of Land Lot 562. South 02 degrees 09 minutes 10 seconds West for a distance of 414.00 Leet along the east line of Land Lot 562 to an iron pin found (3/4" C/T); THENCE leaving said east line of Land Lot 562, South 87 degrees 09 minutes 31 seconds East for a distance of 686.52 feet to an iron pin found (2.5" pipe, tall); 'fHLNCE South 06 decrees 54 minutes 21 seconds East for a distance of 163.12 feet to an iron pin found (1/2" R/B); (HENCE South 86 degrees 02 minutes 50 seconds East for a distance of 385.52 feet to an iron pin found (1" C/T) on the west richt of way line of Old Taylor Road (a 30' R/W); THENCE South 13 degrees 38 minutes 44 seconds West for a distance of 66.70 feet along the west right of way line of Old Taylor Road (a 30' R/W) to an iron pin found (1/2" WB); THENCE leaving, said west right of way line of Old Taylor Road, North 27 degrees 56 minutes 44 seconds West for a distance of 49.57 feet to an iron pin found (1/2" RIB); THENCE North 86 degrees 07 minutes 39 seconds West for a distance of 336.69 feet to aii iron pin found (1/2" R/B); THENCE North 46 degrees 36 minutes 27 seconds West for a distance of 38.24 feet to an iron pin found (1/2" RJB); THENCE North 07 degrees 05 minutes 38 seconds West for a distance of 124.48 feet to an iron pin found (1/22" R,/B): THENCE North 47 degrees 08 minutes 54 seconds West for a distance of 19.29 feet to an iron pin found (1/2" RJB); THENCE North 87 degrees 08 minutes 50 seconds West for a distance of 655.65 feet to an iron pin found (1/2" RJB): THENCE North 80 degrees 39 minutes 25 seconds West for a distance of 400.03 feet to an iron pin found (1/2" RJB); THENCE North 68 degrees 29 minutes 18 seconds West for a distance of 413.97 feet to an iron pin found (1 /2" R/R); THENCE South 55 degrees 08 minutes 18 seconds West for a distance of 471.61 feet to an iron pin found (1/2" RB); THENCE North 52 degrees 49 minutes 59 seconds West for a distance of 173.97 feet to an iron pin found � 1/2" R/B) on the west line of Land Lot 562. THENCE North 01 degrees 18 minutes 40 seconds East for a distance of 420.78 feet along the west line of Land Lot 562 to an iron pin found (1 " C/T) at the northwest corner of Land Lot 562 and the point of beginning. Together with and subject to covenants, easements, and restrictions of record. Said property contains 12.090 acres and is more fully shown as Tract "A" and Tract "B" on a Suis ey for Robert A. Brannon, by Brumbelow-Reese and Associates, Inc., dated January 26. 2015, revised 3-27-2015. bearing their job number 2015-006, and being identified as drawing BRANNON-TDRL HOME OF ' MILTONft ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 16, 2015 FROM: City Manager AGENDA ITEM: Consideration of a Resolution Regarding Milton Sign Code. MEETING DATE: Monday, July 20, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: N-A'PPROVED CITY ATTORNEY APPROVAL REQUIRED: ff'YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY HPPROVED PLACED ON AGENDA FOR: 2al (1 - REMARKS 1 - REMARKS {) NOT APPROVED { J NO () NO O NOT APPROVED © Your -- PHONE: 678.242.25001 FAX: 678.242,2499 'Green op *L ww,, Top iW infoCgcityofmiltonga.us I www.cityofmiltonga.us ui�iFF Communityrh 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004 _"-" o STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 15-06-341 1 A RESOLUTION OF THE MILTON CITY COUNCIL ENACTING AN EMERGENCY 30-DAY MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR SIGN PERMITS AND OTHERWISE PROHIBITING THE ERECTION OF SIGNS THAT DO NOT REQUIRE A PERMIT, EXCEPT FOR TEMPORARY STANDARD INFORMATION SIGNS WHEREAS, the City of Milton Sign Code (“Sign Ordinance”) currently regulates the use of signage throughout Milton, Georgia (“City”); and WHEREAS, on June 18, 2015, the United States Supreme Court adopted sweeping restrictions on government regulation of signs in Reed v. Town of Gilbert, 2015 WL 2473374 (June 18, 2015) (“Reed decision”) in which one Justice noted “thousands of towns have such ordinances … and courts will have to invalidate one after the other”; and WHEREAS, the City Council for the City of Milton (“Milton”) has asked the City Attorney to evaluate the impact of the Reed decision and whether any revisions need to be made to the City’s Sign Ordinance in order to satisfy the requirements set forth in the Reed decision; and WHEREAS, the Council desires to continue to protect the interests of public health, safety and welfare (including, but not limited to, traffic safety and aesthetics) while the Council considers the impact of the Reed decision; and WHEREAS, the Georgia Supreme Court has held that a moratorium with respect to application of a zoning ordinance may be put in place for a reasonable period of time without the necessity of complying with the notice requirements of the Georgia Zoning Procedures Law; and WHEREAS, the Council finds it appropriate that a moratorium barring for 30 days the acceptance of applications for sign permits pursuant to the City’s Sign Ordinance and further barring for 30 days the erection of any signage that otherwise is exempt from permitting under the City’s Sign Ordinance, provided, however, that temporary standard informational signs under 64-2302(1)(a)(2) shall be allowed during the moratorium period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF MILTON, GEORGIA, AS FOLLOWS: 1. The Milton City Council does hereby enact a moratorium barring for 30 days the acceptance of applications for sign permits pursuant to the City’s Sign Ordinance and further barring for 30 days the erection of any signage that otherwise is exempt from permi tting under the City’s Sign Ordinance, provided, however, that temporary standard informational signs under 64-2302(1)(a)(2) shall be allowed during the moratorium period. STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 15-06-341 2 2. The moratorium imposed by this Resolution shall terminate on the earliest date of (1) 30 days from the date of adoption of this Resolution; (2) approval by the Milton City Council of an additional moratorium after a public hearing; (3) the adoption of an amendment of the current City Sign Ordinance; or (4) Council action terminating the moratorium within the 30 day period. 3. This Resolution shall be effective immediately upon a majority vote by the Milton City Council. 4. Any sign permit application that has been received prior to the moratorium may be processed and, if appropriate, a permit issued. Any sign permitted based upon an application having been tendered prior to the moratorium may be erected during the moratorium period. SO RESOLVED this 24th day of June, 2015, the public’s health, safety, and welfare demanding it. City of Milton, Georgia by and through its City Council Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk