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HomeMy WebLinkAboutAgenda Packet CC - 01/09/2017 - City Council Meeting 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, January 9, 2017 Regular Council Meeting Agenda 6:00 PM INVOCATION - Remco Brommet, Chaplain for the City of Milton Police and Fire CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) ELECTION OF MAYOR PRO TEM (Mayor Joe Lockwood) ADMINISTER OATH OF OFFICE TO MAYOR PRO TEM (Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 17-001) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 9, 2017 Page 2 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the November 21, 2016 Regular City Council Meeting Minutes. (Agenda Item No. 17-002) (Sudie Gordon, City Clerk) 2. Approval of the December 5, 2016 Regular City Council Meeting Minutes. (Agenda Item No. 17-003) (Sudie Gordon, City Clerk) 3. Approval of a Memorandum of Understanding between the City of Milton and Lionheart School, Inc. (Agenda Item No. 17-004) (Jim Cregge, Parks & Recreation Director) 4. Approval of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City’s Financial Statements for the Fiscal Year Ending September 30, 2016. (Agenda Item No. 17-005) (Stacey Inglis, Assistant City Manager) 5. Approval of a Construction Services Agreement between the City of Milton and Mobile Joe’s Professional s, Inc. for Landscape Improvements for the Broadwell Pavilion. (Agenda Item No. 17-006) (Carter Lucas, Assistant City Manager ) 6. Approval of a Construction Services Agreement between the City of Milton and Ed Castro Landscape, Inc. for Warning Track Stabilization at Bell Park. (Agenda Item No. 17-007) (Carter Lucas, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 9, 2017 Page 3 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 7. Approval of the following Subdivision Plats: Name of Development/ Location Action Comments / # lots Total Acres Density 1. Vicki Hyatt, LL 296, Hopewell Rd. Minor Plat Create 2 Lots 4.071 .49 Lots / acre 2. Meckers Falls, LL 989 and 990 Freemanville Road Minor Plat Create 3 Lots 9.076 .33 Lots/ acre 3. Sharon Danville, LL 668 Wood Road Minor Plat Revision, Move property line lots 2 and 3 , 3 Lots 12.34 .24 Lots/ acre Agenda Item No. 17-008) (Kathleen Field, Community Development Director) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION 1. Consideration of RZ16-05 – To Create Steep Slope Standards in Chapter 64, Article XVII, Division 3, Site Improvement Standards. (Agenda Item No. 17-009) (Kathleen Field, Community Development Director) 2. Consideration of RZ16-10 – To Amend the Rural Milton Overlay Single Family Uses, Height – Section 64-1141(c). (Agenda Item No. 17-010) (Kathleen Field, Community Development Director) 3. Consideration of RZ16-11 – To Amend the Crabapple Form Based Code as it Relates to Building Units Allowed for Parking Structures – Article XIX of the Zoning Ordinance. (Agenda Item No. 17-011) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 9, 2017 Page 4 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 4. Consideration of U16-01/VC16-03 – 2785 Francis Road by Chrysalis Experimental Academy to Consider a Use Permit for a Private School (Section 64-1831) with a Maximum of 25 Students within the Existing Structure and a Concurrent Variance to Reduce the Undisturbed Buffer [64-1143(a)(3)(b)]. (Agenda Item No. 17-012) (Kathleen Field, Community Development Director) 5. Consideration of an Ordinance of the City of Milton, Georgia to Amend Chapter 2 of the Code of the City of Milton, Georgia to provide for Compensation for the Planning Commission, Board of Zoning Appeals, and Design Review Board; to Provide for the Repeal of Conflicting Ordinances; to Provide and Effective Date; and for Other Lawful Purposes. (Agenda Item No. 17-013) (Ken Jarrard, City Attorney) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Consideration of Amendments to Chapter 20, Soil Erosion, Sedimentation and Pollution Control, Article VI, Soil Erosion within the City of Milton Code of Ordinances. (Agenda Item No. 16-270) (First Presentation at November 21, 2016 Regular City Council Meeting) (Second First Presentation on December 19, 2016 Regular City Council Meeting) (Carter Lucas, Assistant City Manager) 11) NEW BUSINESS 1. Consideration of a Resolution of the City of Milton, Georgia to Set Qualifying Fees for Municipal Elections. (Agenda Item No. 17-014) (Ken Jarrard, City Attorney) 2. Consideration of a Resolution Establishing Issues to be Reviewed by the City of Milton Charter Commission. (Agenda Item No. 17-015) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 9, 2017 Page 5 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. Consideration of a Resolution of the Milton City Council to Re-Adopt the Five GMA Ethics Principles for Recertification to be a Georgia Certified City of Ethics. (Agenda Item No. 17-016) (Ken Jarrard, City Attorney) 4. Consideration of a Resolution and Ordinance Amending Resolution No. 08- 11-54 of the City of Milton, Georgia to Provide for Compensation for the Members of the Milton Parks and Recreation Advisory Board; to Provide for the Repeal of Conflicting Provisions; to Provide an Effective Date; and for other Lawful Purposes. (Agenda Item No. 17-017) (Ken Jarrard, City Attorney) 5. Consideration of the following Subdivision Plats: Name of Development/ Location Action Comments/ # lots Total Acres Density 1. Glenview at Arnold Mill, LL 1139,1166 Final Plat Create 41 lots 8.187 5 Lots / acre Agenda Item No. 17-018) (Kathleen Field, Community Development Director) 6. Consideration of a Resolution Appointing Members to the City of Milton Equestrian Committee for District 1/Post 1 and District 3/Post1. (Agenda Item No. 17-019) (Mayor Joe Lockwood) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Public Works 2. Fire 3. Communication MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 9, 2017 Page 6 of 6 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 17-020) The minutes were provided electronically 0. HOME OF' HE BEST QUALITY OF LIFE IN GEORGIA' M T I LTON*k' ESTABLI SH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 29, 2016 FROM: Steven Krokoff, City Manage AGENDA ITEM: Approval of a Memorandum of Understanding between the City of Milton and Lionheart School, Inc. MEETING DATE: Monday, January 9, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.?APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (eES () NO CITY ATTORNEY REVIEW REQUIRED: (eES () NO APPROVAL BY CITY ATTORNEY: (,}IAPPROVED NOT APPROVED PLACED ON AGENDA FOR: 0//09/701'7 REMARKS: ©y YouE PHONE: 678.242.25001 FAX: 678.242.2499 ®'�G"reen`� `�` ,w.roo IMoocltyofminanga.us l www.cltyofmlRonga.us wi Communit caw d, /' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 -- - _ 111 t� ���-' Qt*- Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on December 29, 2016 for the January 9, 2017 Regular Council Meeting Agenda Item: Approval of a Memorandum of Understanding between the City of Milton and the Lionheart School, Inc. ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of a Memorandum of Understanding between the City of Milton and the Lionheart School, Inc. Executive Summary: The Lionheart School, Inc. is a federally certified 501(c)3 not for profit tax exempt organization which provides, among other things, a developmentally appropriate education for children with special needs. As a tax exempt organization, the Lionheart School, Inc. has acted as the fiscal agent for the City of Milton in our efforts to receive grant money towards the operation of Camp Joyful Soles. Camp Joyful Soles is our summer camp for teenagers with developmental disabilities and special needs. The Lionheart School, Inc. acted as our fiscal agent last year when the City was awarded a $12,000 grant and they have offered to do so again this year and on an ongoing basis. The MOU presented here is nearly identical to the MOU that was approved last year. The only difference is a slight language change recommended by the City Attorney that would permit this agreement to be automatically renewed on an annual basis. Page 2 of 2 Funding and Fiscal Impact: The agreement itself has no financial impact on either party. It does permit the Lionheart School to act as our fiscal agent in being able to receive grant money. Alternatives: The grant money that is available cannot be awarded directly to a municipal government. The terms of the grant require a not for profit organization involved with serving the needs of the special needs population to be involved. If this agreement is not approved, then we will have to seek a different fiscal agent. Legal Review: Sam VanVolkenburgh – Jarrard & Davis (December 15, 2016) Concurrent Review: Steve Krokoff, City Manager Attachment(s): 1) Memorandum of Understanding between the City of Milton and the Lionheart School, Inc. 1 MEMORANDUM OF UNDERSTANDING – FISCAL SPONSORSHIP This memorandum of Understanding (the “MOU”) is made this ____ day of ____________________, 20____, by and between The Lionheart School, Inc., a Georgia nonprofit corporation (“Sponsor”) and the City of Milton, Georgia, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton Mayor and City Council (“City”). WHEREAS, Sponsor is a not-for-profit corporation exempt from federal taxation and under Section 501 (c) (3) of the Internal Revenue Code of 1954, as amended, that provides, among other things, a developmentally appropriate education for children who need a specialized learning environment, therapeutic interventions, supported social interactions, and strategies to accommodate their individual profiles; and WHEREAS, the City operates a recreational summer camp program for children with disabilities and special needs, which program is known as “Camp Joyful Soles”, the program activities of which are more specifically described in the attached Exhibit “A” (The “Program”); and WHEREAS, the Program is consistent with organizational purposes of Sponsor; and WHEREAS, the City has requested that Sponsor act as City’s fiscal sponsor in conjunction with the application for a Community Services Program (CSP) to partially fund the Program; and WHEREAS, Sponsor has agreed to act as City’s fiscal sponsor, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Application. City shall prepare the CSP application on behalf of the Sponsor, and Sponsor, subject to review and approval of the application, shall submit the grant application to the granting authority. In the event that the grant application is approved and funds are provided to Sponsor, Sponsor shall immediately make the grant funds available to the City for funding of the Program. 2. Use of Funds. City agrees to use any and all funds received from the Sponsor solely for legitimate expenses of the Program and to fully account to the Sponsor for the disbursement of these funds. City agrees to maintain books and financial records for the Program in accordance with generally accepted accounting principles and to prepare on behalf of Sponsor, subject to Sponsor’s review and approval, all interim and final reports required to be submitted to the grant authority. 3. Payment. Other than dispersing of grant funds, as described herein, neither party shall owe anything to the other for any services provided herein. 4. Protection of Tax Exempt Status. City agrees not to use any funds received from the Sponsor in any way which would jeopardize the tax exempt status of Sponsor. City agrees to comply with any reasonable written request by Sponsor that it cease activities which might jeopardize the Sponsor’s tax exempt status. Any changes in the purpose for 2 which grant funds are spent must be approved in writing by Sponsor before implementation. Sponsor retains the right, if the City breaches this MOU, or if the Program jeopardizes Sponsor’s legal or tax status, to withhold, withdraw, or demand immediate return of grant funds. 5. Indemnification. City hereby agrees, to the extent, if any, permitted by law, to defend, indemnify and hold harmless Sponsor, its officers, directors, trustees, employees, and agents from and against any and all claims, liabilities, losses and expenses (including reasonable attorney’s fees), directly or indirectly, wholly and partially arising from or in connection with any act or omission of the City or the City’s employees or agents in implementing and operating the Program, except to the extent that such claims, liabilities, losses or expenses arise from or in connection with any act or omission of Sponsor, its officers, directors, trustees, employees or agents. Further, Sponsor hereby agrees, to the extent, if any, permitted by law, to defend, indemnify and hold harmless City, its officers, directors, trustees, employees, and agents from and against any and all claims, liabilities, losses and expenses (including reasonable attorney’s fees), directly or indirectly, wholly and partially arising from or in connection with any act or omission of the Sponsor or the Sponsor’s employees or agents, except to the extent that such claims, liabilities, losses or expenses arise from or in connection with any act or omission of City, its officers, directors, trustees, employees or agents. 6. Term. The term of this MOU shall commence on the date of execution and shall terminate after 365 days; provided that this MOU shall then automatically renew for another year term on the anniversary of the date of execution, unless either party provides notice of non-renewal at least 30 days before the anniversary date. If the yearly term of this MOU spans more than one calendar year, the parties agree that this MOU, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the term, and further, that this MOU shall automatically renew on January 1 of each subsequent calendar year absent the City’s provision of written notice of non-renewal to Sponsor at least five (5) days prior to the end of the then current calendar year. In the event that this MOU is terminated prior to completion of the then-current term, the City shall repay all grant funds provided to it in that term prior to the date of termination. Title to any supplies, materials, equipment, or other personal property shall remain in Sponsor until fully paid for by the City. 7. Miscellaneous. a) Insurance. Each party shall have and maintain in full force and effect for the duration of this MOU commercially reasonable levels of insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with that party’s performance of this MOU. All policies are subject to approval by the other party as to form and content. b) Entire Agreement. This MOU constitutes the complete agreement between the parties and supersedes any prior oral and written understanding between the parties with respect to the subject matter of this MOU. No other agreement, statute or promise relating to the subject matter of this MOU not 3 contained in this MOU shall be valid or binding. This MOU may not be amended or modified except in writing signed by both parties. c) Governing Law. This MOU shall be governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be performed entirely within such state. Any action or suit related to this MOU shall be brought in the Superior Court of Fulton County, Georgia, and the parties submit to the jurisdiction and venue of such court. d) Captions and Severability. The caption or headnote on articles or sections of this MOU are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this MOU, nor in any way affect this MOU. Should any article(s) or section(s), or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the MOU should be severed, and the remainder of this MOU shall remain in full force and effect to the extent possible, as the parties declare they would have agreed to the remaining parts of this MOU if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable. e) Assignment. The parties covenant and agree not to assign or transfer any interest in, or delegate any duties of this MOU, without the prior express written consent of the other party. f) Independent Contractor. Sponsor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services described herein as an independent contractor and not as the agent or employee of the City. Nothing in this MOU shall be construed to make the Sponsor or any of its employees, servants, or subcontractors an employee, servant or agent of the City for any purpose. Sponsor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this MOU. g) Records. Books, records, documents, account legers, data bases, and similar materials relating to the services performed for the City under this MOU (“Records”) shall be established and maintained by the Sponsor in accordance with requirements prescribed by the City or applicable law with respect to all matters covered by this MOU, but at least for three (3) years from expiration/termination of this MOU. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. Upon request, the Sponsor shall furnish to the City any and all Records related to matters covered by this MOU. h) Authority to Contract. Sponsor 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 Sponsor to the terms of this MOU, if applicable. 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 4 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 Sponsor agrees that, during performance of this MOU, Sponsor, 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, Sponsor agrees to comply with all applicable implementing regulations and shall include the provisions of paragraph in every subcontract for services contemplated under this MOU. j) Successors and Assigns. Subject to the provision of this MOU regarding assignment, this MOU shall be binding on the heirs, executors, administrators, successors and assigns of the respective parties, provided that no party may assign this MOU without prior written approval of the other party. k) Notice. All notices, requests, demands, writings, or correspondence, as required by this MOU, 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 party at the addresses given below, or at a substitute address previously furnished to the other party by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Attn: Mr. Jim Cregge Director, Parks and Recreation City of Milton, Georgia 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 NOTICE TO THE SPONSOR shall be sent to: Attn: Mrs. Mary Ulich The Lionheart School 225 Roswell Street Alpharetta, GA 30009 l) No Third Party Rights. This MOU shall be exclusively for the benefit of the parties hereto and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. m) Sovereign Immunity. Nothing contained in this MOU shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. 5 n) Agreement Construction and Interpretation. Each party represents that it has reviewed and become familiar with this MOU and has notified the other party of any discrepancies, conflicts or errors herein. The parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this MOU is to be construed as if the parties had drafted it jointly, as opposed to being construed against a party because it was responsible for drafting one or more provisions of the MOU. o) Force Majeure. Neither the City nor Sponsor 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 MOU or for any delay in such performance due to: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this MOU legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute; (f) delay or failure to act by any governmental or military authority; or (g) 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. p) Survival. The City’s obligation to provide required reports and indemnifications shall survive the termination of this MOU. IN WITNESS WHEREOF, the parties have hereunto executed this Memorandum of Understanding on the day and year first above written. [SIGNATURES ON FOLLOWING PAGE] 6 Sponsor: The Lionheart School, Inc. Signature:_____________________________ By:___________________________________ Its:___________________________________ President/Vice President [CORPORATE SEAL] Attest: ____________________________ By: _____________________________ Its: ______________________________ (Assistant) Corporate Secretary City: City of Milton, Georgia By:___________________________________ Joe Lockwood, Mayor [CITY SEAL] Attest: _________________________ By: ____________________________ Its: City Clerk APPROVED AS TO FORM: By:__________________________________ City Attorney 7 EXHIBIT A Camp Joyful Soles is a 7 week summer camp for teens/young adults with mild disabilities. The camp serves young men and women between 13 and 21 years of age. The focus is to get these teenagers active, engaged and motivated. Activities include swimming, arts & crafts, music, games, field trips, special guest performances, and more. 8 EXHIBIT “B” STATE OF GEORGIA COUNTY OF ___________ CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 - 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milt on, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned 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 contra ct 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 fol lows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ 9 EXHIBIT “C” STATE OF GEORGIA COUNTY OF ___________ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with _______________________ (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned 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 cont racted 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 an d date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: __________________________ ap HOME OF' HE BEST QUALITY OF LIFE IN GEORIA M T I LTO,NI ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 21, 2016 FROM: Steven Krokoff, City Manages AGENDA ITEM: Approval of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City's Financial Statements for the Fiscal Year Ending September 30, 2016. MEETING DATE: Monday, January 9, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (r) PES () NO CITY ATTORNEY REVIEW REQUIRED: (4'YES () NO APPROVAL BY CITY ATTORNEY: ("APPROVED (/ NOT APPROVED PLACED ON AGENDA FOR: 0I/691mo REMARKS: ©y YauE PHONE: 678.242.25001 PAX: 678.242.2499 JGreen'�;* infofcllyofmlllonga.us l www.cityo6nlllongu.us n.ouee C irgieI ' a"r°I' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 un ty �aa To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on December 21, 2016 for the January 9, 2017 Regular City Council Meeting Agenda Item: Consideration of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City’s Financial Statements for the Fiscal Year Ending September 30, 2016 Department Recommendation: The recommendation is to approve the attached engagement letter with Mauldin & Jenkins, LLC to audit the City’s financial statements for the fiscal year ending September 30, 2016. Executive Summary: According to O.C.G.A. § 36-81-7, we are required to have an annual audit of the financial affairs and transactions of all funds and activities of the city. The audit engagement letter before you details the scope of services Mauldin & Jenkins, LLC will provide the city. As part of the engagement, they will audit the financial statements of the governmental activities, each major fund, and the required supplementary information. They will also provide a report on internal controls related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements. Funding and Fiscal Impact: This is the final year of the five-year contract with Mauldin & Jenkins, LLC; however, an optional two-year extension was included in the contract and will be contemplated as we move forward. The cost of the audit is $32,500 and has been included in the FY17 Budget. Alternatives: You can choose to not approve the agreement, but it will delay the audit beyond the six-month timeframe we our legally bound by. Legal Review: Approved by Sam Vanvolkenburgh (attorney in Ken Jarrard’s office) on 12/9/16 Concurrent Review: Steven Krokoff, City Manager Attachment: Audit Engagement Letter December 14, 2016 Honorable Mayor and Members of the City Council and City Manager City of Milton, Georgia 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 Attn: Stacey Inglis, Assistant City Manager We are pleased to confirm our understanding of the services we are to provide the City of Milton, Georgia (the City) for the year ended September 30, 2016. These services will be provided pursuant to and in accordance with the terms provided in the Professional Services Agreement, dated November 5, 2012. We will audit the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the basic financial statements, of the City of Milton, Georgia as of and for the year then ended. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis (MD&A). 2. Schedule of Changes in the City's Net Pension Liability and Related Ratios. 3. Schedule of City Contributions — Pension Plan. 4. Budgetary comparisons for the General Fund and Major Special Revenue Funds. 200 GALLERIA PARKWAY S.E., SUITE 1700 • ATLANTA, GA 30339-5946 • 770-955-8600 • 800-277-0080 • FAX 770-980-4489 • www.mjcpa.com Members of The American Institute of Certified Public Accountants • RSM International We have also been engaged to report on supplementary information other than RSI that accompanies the City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole: 1. Schedule of expenditures of federal awards. 2. Combining and individual fund statements. The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, we have no responsibility for determining whether such other information is properly stated, and our auditor's report will not provide an opinion or any assurance on that other information: 1. Introductory section 2. Statistical section Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. The objective also includes reporting on - • Internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. Internal control over compliance related to major programs and an opinion (or disclaimer of opinion) on compliance with federal statutes, regulations, and the terms and conditions of federal awards that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will include a paragraph that states (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance, and (2) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. The Uniform Guidance report on internal control over compliance will include a paragraph that states 9AULDIN & ENKINS that the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Both reports will state that the report is not suitable for any other purpose. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of the Uniform Guidance, and will include tests of accounting records, a determination of major program(s) in accordance with the Uniform Guidance, and other procedures we consider necessary to enable us to express such opinions. We will issue written reports upon completion of our Single Audit. Our reports will be addressed to the Members of the City Council for the City of Milton, Georgia. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis -of -matter or other -matter paragraphs. If our opinions on the financial statements or the Single Audit compliance opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue reports, or may withdraw from this engagement. Management Responsibilities Management is responsible for the financial statements, schedule of expenditures of federal awards, and all accompanying information as well as all representations contained therein. Management is responsible for (1) establishing and maintaining effective internal controls, including internal controls over federal awards, and for evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; (2) following laws and regulations; (3) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements; and (4) ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation of the financial statements, schedule of expenditures of federal awards, and all accompanying information in conformity with U.S. generally accepted accounting principles; and for compliance with applicable laws and regulations (including federal statutes) and the provisions of contracts and grant agreements (including award agreements). Your responsibilities also include identifying significant contractor relationships in which the contractor has responsibility for program compliance and for the accuracy and completeness of that information. Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) access to personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance, (3) additional information that we may request for the purpose of 9AULDIN & ENKINS the audit, and (4) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants. Management is also responsible for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements, or abuse that we report. Additionally, as required by the Uniform Guidance, it is management's responsibility to evaluate and monitor noncompliance with federal statutes, regulations, and the terms and conditions of federal awards; take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; promptly follow up and take corrective action on reported audit findings; and to prepare a summary schedule of prior audit findings and a separate corrective action plan. The summary schedule of prior audit findings should be available for our review subsequent to the start of fieldwork. You are responsible for identifying all federal awards received and understanding and complying with the compliance requirements and for the preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received) in conformity with the Uniform Guidance. You agree to include our report on the schedule of expenditures of federal awards in any document that contains and indicates that we have reported on the schedule of expenditures of federal awards. You also agree to include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon or make the audited financial statements readily available to intended users of the schedule of expenditures of federal awards no later than the date the schedule of expenditures of federal awards is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance; (2) you believe the schedule of expenditures of federal awards, including its form and content, is stated fairly in accordance with the Uniform Guidance; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes): and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards. 9AULDIN & ENKINS You are also responsible for the preparation of the other supplementary information, which we have been engaged to report on, in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon or make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes): and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. You agree to assume all management responsibilities relating to the financial statements, schedule of expenditures of federal awards, related notes, and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements, schedule of expenditures of federal awards, and related notes and that you have reviewed and approved the financial statements, schedule of expenditures of federal awards, and related notes prior to their issuance and have accepted responsibility for them. You agree to oversee the nonaudit services by designating an individual, preferably from senior management, who possesses suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting 89AULDIN -1 GNKINS estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; schedule of expenditures of federal awards; federal award programs; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards. Audit Procedures—Internal Control Our audit will include obtaining an understanding of the government and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. al& ENKINS As required by the Uniform Guidance, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and the Uniform Guidance. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Milton, Georgia's compliance with provisions of applicable laws, regulations, contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with federal statutes, regulations, and the terms and conditions of federal awards applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City of Milton's major programs. The purpose of these procedures will be to express an opinion on the City of Milton's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance. Other Services We will also assist in preparing the financial statements, schedule of expenditures of federal awards, and related notes of the City in conformity with U.S. generally accepted accounting principles and the Uniform Guidance based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. Audit Administration, Fees, and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management's responsibility to electronically submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. We 1AULDIN & ENKINS will coordinate with you the electronic submission and certification. The Data Collection Form and the reporting package must be submitted within the earlier of 30 calendar days after receipt of the auditors' reports or nine months after the end of the audit period. We will provide copies of our reports to the City of Milton, Georgia; however, management is responsible for distribution of the reports and financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Mauldin & Jenkins and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Mauldin & Jenkins personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by a regulatory body. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party (ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit on approximately January 23, 2017 and to issue our reports no later than March 31, 2017. Adam Fraley is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our fee for these services will be $32,500 for the year ended September 30, 2016. This fee includes consideration for the performance of a Single Audit of one major program. If additional major programs are required, additional fees will apply. Our hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered as work progresses and are payable upon presentation. The above fees are based on anticipated cooperation from your personnel (including complete and timely receipt by us of the information on the respective client participation listings to be prepared annually) and the assumption that unexpected circumstances (including scope changes) will not be encountered during the audit. If significant additional time is necessary, we will discuss it with management and arrive at a new fee estimate confirmed in a change order duly executed pursuant to Section 2 of the Professional Services Agreement. As a result of our prior or future services to you, we might be requested or required to provide information or documents to you or a third party in a legal, administrative, arbitration, or similar proceeding in which we are not a party. If this occurs, our efforts in complying with such requests will be deemed billable to you as a separate engagement. We shall be entitled to compensation for our time and reasonable reimbursement for our expenses (including legal fees) in complying with 9AULDIN & ENKINS the request. For all requests we will observe the confidentiality requirements of our profession and will notify you promptly of the request. The City may publish or otherwise reproduce the financial statements or include our report on the financial statements in an official statement or other document involved with the sale of debt instruments without our consent, provided that our report and the financial statements will be included in their entirety without modification and the following language will be included in the official statement or other document: Mauldin & Jenkins, LLC, our independent auditor, has not been engaged to perform and has not performed, since the date of its report included herein, any procedures on the financial statements addressed in that report. Mauldin & Jenkins, LLC also has not performed any procedures relating to this official statement. Both we and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. No subcontractor or subconsultant arrangement is permitted by this agreement, and both we and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order (if any). 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, we agree that, during performance of this agreement, we will not discriminate against any employee or applicant for employment or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, we agree to comply with all applicable implementing regulations. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless we have provided evidence on City -provided forms, attached hereto as Exhibits "A" (affidavit 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 we have registered with, are authorized to use and use 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, and that we will continue to use the federal work authorization program throughout the contract period. We hereby verify that we have, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "A", and submitted such affidavit to you. Further, we 81AULDIN -1 ENKINS hereby agree 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 Georgia Department of Labor Rule 300- 10-1-.02. The City Manager or his/her designee shall be authorized to conduct an inspection of our verification process at any time to determine that the verification was correct and complete. We shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, the City Manager or his/her designee shall be authorized to conduct periodic inspections to ensure that no City contractor employs unauthorized aliens on your contracts. By entering into a contract with you, we agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where we are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Our failure to cooperate with the investigation may be sanctioned by termination of the contract, and we shall be liable for all damages and delays occasioned by you thereby. We agree that the employee -number category designated below is applicable to us. 500 or more employees. _X_ 100 or more employees. Fewer than 100 employees. We warrant that we will utilize no subcontractors in doing the work. 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. This agreement is entered into as of the date both parties have signed below. The individual executing this agreement on behalf of Mauldin & Jenkins, LLC covenants and declares that it has obtained all necessary approvals of Mauldin & Jenkins, LLC's members, to simultaneously execute and bind Mauldin & Jenkins, LLC to the terms of this agreement, if applicable. 89AULDIN -1 ENKINS We appreciate the opportunity to be of service to the City of Milton, Georgia and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, MAULDIN & JENKINS, LLC Adam M. Fraley RESPONSE: This letter correctly sets forth the understanding of the City of Milton, Georgia. LIM Title: LI -A Title: Title: 9AULDIN & ENKINS STATE OF COUNTY OF EXHIBIT "A" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned 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: 1OSH10 Federal Work Authorization User Identification Number Vt 01y6A (-P , 2wb Date of Authorization Mauldin & Jenkins, LLC Name of Contractor City Audit Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ptceM Y?201� in (city), Cj'� (state). AL (A /1f Signatu re of Authorized Officer or Agent LWXuc� OCd . Vkt \\A aC� f Printed Name and Title o Authorized Office or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 2 DAY OF Is-te . , 20/6. NOTARY PUBLIC [NOTARY SEq? LIND,q .0.44`1 coy • 4f' :S • My Commission ExF1 R CliftonLarsonAllen System Review Report To the Partners of Mauldin & Jenkins, LLC and the National Peer Review Committee Clifton LarsonAllen LLP 20 East Thomas Road, Suite 2300 Phoenix, AZ 85012-3111 602-266-22481 fax 602-266-2907 CLAconnect.com We have reviewed the system of quality control for the accounting and auditing practice of Mauldin & Jenkins, LLC (the firm) applicable to engagements not subject to PCAOB permanent inspection in effect for the year ended May 31, 2014. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants. As a part of our peer review, we considered reviews by regulatory entities, if applicable, in determining the nature and extent of our procedures. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. The nature, objectives, scope, limitations of, and the procedures performed in a System Review are described in the standards at www.aicpa.org/prsummary. As required by the standards, engagements selected for review included (engagements performed under Government Auditing Standards; audits of employee benefit plans, audits performed under FDICIA, and examinations of service organizations [Service Organizations Control (SOC) 1 engagements].) In our opinion, the system of quality control for the accounting and auditing practice of Mauldin & Jenkins, LLC applicable to engagements not subject to PCAOB permanent inspection in effect for the year ended May 31, 2014, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. Mauldin & Jenkins, LLC has received a peer review rating of pass. CliftonLarsonAllen LLP October 3, 2014 Phoenix, Arizona I R 'W®IAni Hier dNadalntareiad INTERNATIONAL N HOME OF' HE BEST OUALII`! OF LIFE W GEORGIA' M I LTON ESTABLI S H ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 4, 2016 FROM: Steven Krokoff, City ManagEo AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Mobile Joe's Professionals, Inc. for Landscape Improvements for the Broadwell Pavilion. MEETING DATE: Monday, January 9, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,J/APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: U YES () NO CITY ATTORNEY REVIEW REQUIRED: (,fYES () NO APPROVAL BY CITY ATTORNEY: (�`A PPRO VED (J NOT APPROVED PLACED ON AGENDA FOR: 6009/1"r'7 REMARKS: PHONE: 678.242.25001 FAX: 678.242.2499 'Green- Commum 'c.mn.a• ' InfoHeilyofmllbwww nga.usl.cgyolmlllonsimus 4_M LCE° 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 _cpr r,( a To: Honorable Mayor and City Council Members From: Matthew Fallstrom- Capital Projects Manager Date: Submitted on January 4, 2017 for the January 9, 2017 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Mobile Joe’s Professionals, Inc. for Landscape Improvements for the Broadwell Pavilion. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This construction Services agreement is for the construction of a boulder wall and landscape improvements for the Broadwell Pavilion Building. This wall will give the city the proper grade and space to plant the City’s Christmas tree. Staff is recommending approval of the Construction Services Agreement in the amount of $22,000.00 with Mobile Joe’s Professionals. Funding and Fiscal Impact: Funding for this work is available in the Parks M&O account. Alternatives: N/A Legal Review: Jarrard & Davis, LLP – Sam Van Volkenburgh, 1/3/2017 Concurrent Review: Steve Krokoff –City Manager Attachment(s): Construction Services Agreement ttOaAFOF' -- M 1--1:F0 ESTABUJI iCp 2000 CONSTRUCTION SERVICES AGREEMENT Broadwell Pavilion Landscape Improvements This Construction Services Agreement (the "Agreement") is made and entered into this —day of , 201_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council, located at 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 (hereinafter referred to as the "City"), and Mobile Joe's Professionals, Inc., a Georgia corporation having its principal place of business at 12460 Crabapple Rd, Ste. 202-407, Alpharetta, GA. 30004 (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below). NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents: A. Scope of Work, attached hereto as "Exhibit A"; B. Insurance Certificate, attached hereto as "Exhibit B"; C. Contractor Affidavit, attached hereto as "Exhibit C": D. Subcontractor Affidavit, attached hereto as "Exhibit D"; and E. City of Milton Code of Ethics (codified in the official Code of the City of Milton). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work: A general description of the Project is as follows: warning track stabilization and storm drain repair (the "Project"). The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit A", attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 3. Contract Term, Termination: Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor shall commence Work pursuant to this Agreement within five (5) business days of the Effective Date and shall fully complete the Work on or before January 201h, 2017. The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. If the term of this Agreement is Ionger than one calendar year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent City's provision of written notice of non -renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $22,000,00 ("Contract Price"), except as outlined in Section 4 above. The compensation for Work performed shall be based upon a flat fee $10,810.00 for task #1, the construction of a boulder wall and fence installation. Task 42 shall be used with written authorization only from of the City for the installation of Bermuda Sod and the installation of an irrigation system, and Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. 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 principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that the Work was actually performed and costs actually incurred in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment, as appropriate) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. Section 6. Covenants of Contractor: A. Ethics Code: Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by this Agreement. Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub - consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Expertise of Contractor 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 Work performed under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the acceptance or approval of any 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 and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards. C. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. M D. Contractor's Representative; Meetings. ����,,,[INSERT NAME] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of this Agreement at no additional cost to City. E. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring and payment of subcontractors, agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. F. Responsibility of Contractor and Indemnification of Cid. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of a willful, negligent, or tortious act or omission 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 or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. 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. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Insurance. Contractor shal l have and maintain in full force and effect for the duration of this Agreement, insurance meeting the requirements shown on Exhibit "B", attached hereto and incorporated herein by reference. H. Assignment of A 7rg eeinciit. 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. Employment of Unauthorized Aliens Prohibited — E- Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits "C" and "D" (affidavits to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use 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, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is an individual 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 Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. 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.] [CHECK ONE] 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. J. 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, contractors, and/or staff to likewise protect such confidential information. K. Licenses, Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, comm issions, committees or other regulatory bodies in order to perform the Work. The Contractor shall secure and pay for the building pen -nit and other permits and governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L. Authority to Contract. The individual executing this Agreement on behalf of 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. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work ("Materials") shall be the property of the City; and the City shall be entitled to full access and copies of all such Materials in the form prescribed by the City. 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. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, 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 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 paragraph in every subcontract for services contemplated under this Agreement. Section 7. Final Project Documents; Warranty: Prior to final payment, Contractor shall deliver to City copies of any as -built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within one (1) year from the date of completion at no additional cost to the City. Section 8. Miscellaneous: A. Complete Agreement; Counterparts Third Party Rights. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. 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. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law: Business License.• Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of Iaw principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Conti -actor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et sect.). C. Notices. All notices, requests, demands, 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 calendar day after the postmark date when mai led by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D. Waiver: Sovereign lnnnLlq ty. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only to the extent specifically stated. 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. E. Agreement Construction and Interpretation• Invalidity of Provisions; Severability. Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible 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 that may for any reason be hereafter declared invalid. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. CITY OF MILTON, GEORGIA Signature: Joe Lockwood, Mayor [CITY SEAL] Attest: By: Its: City Clerk Approved as to form: City Attorney CONTRACTOR: Mobile Joe's Professionals, Inc. - C_6t�,, l� B. Its: ` � (���j f President/Vice President [CORPORATE SEAL] Attest/Witness: By: 4 L Its: �� ✓✓ 1' �(-� C l i G 4" L/ (Assistant) Corporate ecretary) J C "EXHIBIT A" Yri MOBILE JOE's L NDSCAA P1 INC, t elebraling 2, gears V titre QllalltV L7rU5VS. December- 1, 2016 Mr. Fallstrom Re: The Pavillion at Crabapple Milton, Georgia 30004 Mr. Fallstrom: Scope of Work will include. • Building a natural boulder wall from corner of building to new fence line as discussed. • Boulder wall will be approximately 2 Y2'tall at corner of building to go approximately 45' long to a height of 0. • We will breach wall with 12' wide stone steps to get from upper level to lower level. • We will backfill with soil to get to desired grade. • We will also remove small asphalt slab. - 4 2(-)o , '�o • We will seed over soil to temporarily stabilize site. This Scope of Work will be $ 7 8O0VO Fencing work will include. • Move fence by double gate to include 4 sections to change corner and open up the space. • Install small gate at the ADA entrance • Close off 1 section of Broadwell Road. • Install 2 double gates on Broadwell Road • Fence around AT& T equipment to keep separate from park users. Fence Scope of Work will be $ 4,110.00 • Bermuda sod per ft installed will be $1.10 per foot or $ 550.00 per pallet • Irrigation installed will be $ 650.00 per zone • 1 Clock installed is $ 250.00 • Tie into main water source is $ 400.00 Corporate Office ° 12460 Crabapple Rd. • Ste 202-407 • Alpharetta, GA 30004 • 770.360.5604 nm,w.mobilejoeslanclscaping.com "EXHIBIT B" (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 as 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 the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad -from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on "an occurrence" basis ("claims made" coverage is not acceptable). If a general aggregate limit applies, the general aggregate limit shall apply separately to this project/location, and the general aggregate limit shall be twice the required occurrence limit. (b) Commercial Automobile Liability (owned, non -owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non -owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers ' Compensation and Employers' Liability: Workers' Compensation policy with limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coveraue under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liabili and Cif applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. The City and City's elected and appointed officials, officers. boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds 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 Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. 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 limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis, Witli defense costs payable in addition to policy limits. There shall be no cross liability excIusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (c) All C ov_cragcs: (i) ,Votice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be reduced, suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to the City. The City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurer(s) with an A.M. Best Policyholder's rating of no less than "A-" and with a financial rate of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the prescribed form. (6) Verification of Covera e: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. The City reser\°es 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 prior to the expiration of the coverage. (7) Contractor's Dut` _to Provide Notice of Deduction in Coverage: Contractor shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. Contractor shall require the same notice to the City in all subcontractor contracts. (8) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (9) 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, and have an effective date which is on or prior to the Effective Date. (10) Progress Pa rnents: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. "EXHIBIT C" CONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(1) STATE OF0-9— COUNTY OF 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, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned 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 (h ). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor S3chd1-JL-1\ Ny.I %Jn Name of Project City of Milton. Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. i ,201-7in _6�L— (state). si-gnAU(of Authod Office or Agent Y�-- Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE.... / '-'- DAY OF J a. u , 201'7. NOTARY PUBLIC My Commission Expires: AUG 20 STATE OF _ COUNTY OF "EXHIBIT D" SUBCONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(3) t� By executing this afldavit, 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 Mobile Joe's Professionals, Inc. on behalf of the City of Milton, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E - Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned 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: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Name of Project City of Milton, Georgia Name of Public Eniployer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 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 , 20 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: W HOME OF'THE BE STOLIALITY OF LIFE EO M I LTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 4, 2016 FROM: Steven Krokoff, City Manage AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Ed Castro Landscape, Inc. for Warning Track Stabilization at Bell Park MEETING DATE: Monday, January 9, 2017 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: Q -YES () NO CITY ATTORNEY REVIEW REQUIRED: („ V(ES () NO APPROVAL BY CITY ATTORNEY. (,.WAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0440/10" REMARKS: © y Taum r*♦ PHONE: 678.242.25001 FAX: 678.242.2499 tffl '61reen_,4 �"c�wem' m InfofcityofmiilontI l w .cltycfmiltonI W? CommunityCOnity *,��� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - `°"^^•° °"°^*` - o To: Honorable Mayor and City Council Members From: Matthew Fallstrom- Capital Projects Manager Date: Submitted on January 4, 2017 for the January 9, 2017 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Ed Castro Landscape, Inc. for Warning Track Stabilization at Bell Park ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This Construction Services Agreement is for the reconstruction and stabilization of the field 5 warning track and the repair of the storm drain behind the centerfield fence. Staff is recommending approval of the Construction Services Agreement in the amount of $6,956.13 with Ed Castro Landscape, Inc. Funding and Fiscal Impact: Funding for this work is available in the Parks M&O account. Alternatives: N/A Legal Review: Jarrard & Davis, LLP – Sam Van Volkenburgh, 12/20/2016 Concurrent Review: Steve Krokoff –City Manager Attachment(s): Construction Services Agreement HOME OF "9F NEST OUALCY OE [;PE IN GFORGIA M 1jN* ESTABLISHED?OOG CONSTRUCTION SERVICES AGREEMENT Bell Memorial Park Warning Track Stabilization and Storm Drain Repair This Construction Services Agreement (the "Agreement") is made and entered into this _ day of 201_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council, located at 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 (hereinafter referred to as the "City"), and Ed Castro Landscape, Inc., a Georgia corporation having its principal place of business at 1125 Old Ellis Rd., Roswell, GA. 30076 (hereinafter referred to as the "Contractor"), coIlectively referred to herein as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below). NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents: A. Scope of Work, attached hereto as "Exhibit A"; B. Insurance Certificate, attached hereto as "Exhibit B"; C. Contractor Affidavit, attached hereto as "Exhibit C"; D. Subcontractor Affidavit, attached hereto as "Exhibit D"; and E. City of Milton Code of Ethics (codified in the official Code of the City of Milton). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work: A general description of the Project is as follows: warning track stabilization and storm drain repair (the "Project"). The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit A", attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 3. Contract Term; Termination: Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor shall commence Work pursuant to this Agreement within five (5) business days of the Effective Date and shall fully complete the Work on or before January 20`'', 2017. The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. If the term of this Agreement is longer than one calendar year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 3 I each calendar year of the term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendaryear absent City's provision of written notice of non -renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. Section 4. Work Chances: Any changes to the Work requiring an increase in the Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $6,956.13 ("Contract Price") except as outlined in Section 4 above. The compensation for Work performed shall be based upon a flat fee, and Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. 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 principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that the Work was actually performed and costs actually incurred in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment, as appropriate) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. Section 6. Covenants of Contractor: A. Ethics Code: Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by this Agreement. Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub - consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Expertise of Contractor; 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 Work performed under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the acceptance or approval of any 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 and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards. C. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. 2 D. Contractor's Representative Meetings. `,tom (JAd,W1 [1NSERT NAME] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designat representative. Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of this n Agreement at no additional cost to City. E. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring and payment of subcontractors, agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. F. Responsibility of Contractor and Indemnification of Citv. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities'), which may arise from or be the result of a willful, negligent, or tortious act or omission 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 or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. 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. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance meeting the requirements shown on Exhibit "B", attached hereto and incorporated herein by reference. H. Assienment 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. 1. Employment of Unauthorized Aliens Prohibited — E- Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract Cr the physical performance of services unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as "Exhibits "C" and `ID" (affidavits to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use 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, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit C", and submitted such affidavit to City or provided the City with evidence that it is not 3 required to provide such an affidavit because it is an individaral licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor 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-A2 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. 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.] [CHECK ONE] 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. J. 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, contractors, and/or staff to likewise protect such confidential information. K. Licenses Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L. Authority to Contract. The individual executing this Agreement on behalf of 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. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work ("Materials") shall be the property of the City, and the City shall be entitled to frill access and copies of all such Materials in the form prescribed by the City. 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. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, 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 , its assignees and successors in interest, will not discriminate against performance of this Agreement, Contractor, for itself 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 paragraph in every subcontract for services contemplated under this Agreement. Section 7. Final Proiect Documents- Warranty: Prior to final payment, Contractor shall deliver to City copies of any as -built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within one (1) year from the date of completion at no additional cost to 4 the City. Section 8. Miscellaneous: A. Complete Agreement Counterparts Third Party Rights. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. 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. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of Iaw principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). C. Notices. All notices, requests, demands, 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 calendar 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 Party at the addresses first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one specified in such waiver, and that one only to the extent specifically stated. 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. E. Aizreement Construction and Inte retation• Invalidily of Provisions- Severabili.Contractor represthat it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), all local conditions, laws and regulations that in any manner may affect cost, progress, performance,isi tes furnishing of the locality, and _vents Work. The Parties hereto agree that, if an ambiguity or question of intent or interpretaton arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible 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 that may for any reason be hereafter declared invalid. 5 IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. CITY OF MILTON, GEORGIA Signature: Joe Lockwood, Mayor [CITY SEAL] Attest: By: Its: City Clerk Approved as to form: City Attorney Its: 'f �d- President/Vice President [CORPORATE SEAL] nc. Attest/Witness: L Its: (Assistant) Corporate Secretary) 9 "EXHIBIT A" Bell Park Warning Track Rehabilitation and Storm Drain Repair Bell Memorial Park 15245 Bell Park Rd. BIDS DUE November 18th, 2015 BY 3.00 PM _J General Description of Project Scope: Contractor to bid on the following scope. Contractor is required to visit the site prior to submitting bid to confirm and verify scope. Contractor is responsible for utility locates and coordination of all work. The general scope of work will consist of the rehabilitation and restoration of the warning track on field 5. The warning track is washing away because the weir opening is too far below the grade of the warning track. By raising the grade of the drainage swale and the weir this will in tum control the washout of the warning track. This work will involve light grading, storm system adjustment, raising irrigation valve boxes, and erosion and sediment control. Scope and Descriptions; The contractor will need to insert a 12" riser to the weir behind the cent effeld fence of field 5. After the weir top has been reinstalled the contractor will seal off the back with brick and mortar. The contractor will need to backfill the swale and raise the irrigation boxes so they are at grade when backfill is complete. The contractor will need to adjust the slope behind the box and place fabric and rip -rap at the foe of the slope by the box. The warning track will need to be regraded along the center field fence and then capped off with M-10 stone and compacted. There will be a Pre -Bid meeting at 9:00 AM on November 8th at the park to walk through the job Contractor is responsible for utility locates, property owner coordination, erosion and sediment control, and any damages to any property. Contractor will replace in kind all damages on impacted properties. 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 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. The City of Milton reserves the right to modify the scope of this project at anytime. Appropriate compensation for scope changes will be based on a negotiated fee. Note: A separate signed bid document is acceptable in lieu of the below form. Page 2 of 8 Landscape Installation Proposal November 18, 2016 Submitted To: Project Name: Bells Park Warning Track Matthew Fallstrom Rehabilitation and Storm Drain Repair City of Milton Address: 15245 Bell Park Road Milton, Ga. 30044 SCOPE Ed Castro Landscape propose to provide labor and materials necessary to complete the following work. If additional labor and/ or materials are required or requested, additional fees will apply. Strom Drain Repair • Insert 12" riser to the weir behind the behind the center field fence of field 5. • Seal backside of weir with brick and mortar once top has been reinstalled. • Raise (3) irrigation boxes to new grade. • Backfill Swale, NOTE: Price of the weir riser is significantly lower if work is to be done on multiple weirs. Description Quantity Units Unit Price 12" Weir Riser Extended Price 1 each 533.33 Irrigation Box Adjustments 533.33 3 each 40.00 Backfill Soil 120.00 2 cu yds 68.00 Weir Seal Off with Brick 136.00 1 each 200.00 Price 200.00 $989.33 Dry Creek Sed • Install filter fabric and stone to allow for more control of the washout from the warning track. NOTE: Dry Creek Bed- Alt. #1 Option • Proposes to use an aggregate base and crushed stone which will result in a $2,606.99 price deduct. Description Quantity Units Unit Price River Rounds Extended Price 18 ton 265.00 Filter Fabric 4,770.00 4 SY 2.30 Price �•-0 $4,779.20 Warning Track Repair • Regrade warning track adjacent to the adjusted weir. • cap off and compact track with M-10 stone, Description Quantity Units Unit Price Extended Price Grading 1 L5 972.00 M-10 Stone 972.00 Price 1 ton 183.10 183.10 Mulch • Install fresh mulch in around current plant landscaoinq, Description Pine Straw Mulch Quantity Units bale Price 5 Landscape ServicesTotal: TERNIS & CONDITIONS Swati Srinath Date Ed Castro Landscape Matthew Fallstrom $1,155.10 Unit Price Extended Price 6.50 32.50 $32.50 $6,956,13 Date "EXHIBIT B" (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 as 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 the following insurance policies with coverage and limits no less than: (a) Commercial General Liability: $1,000,000 (one million dollars) combined single limit per occurrence aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad -from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on "an occurrence" basis ("claims made" coverage is not acceptable). If a general aggregate limit applies, the general aggregate limit shall apply separately to this project/location, and the general aggregate limit shall be twice the required occurrence limit. (b) Commercial Automobile Liability (owned, non -owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non -owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation and Employers' Liability: Workers' Compensation policy with limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability. Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. The City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds 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 Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. 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 limits of insurance provided. (v) Defense Costs/Cross Liability. 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) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be reduced, suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to the City. The City reserves the right to accept alternate notice terms and Provisions, provided they meet the minimum requirements under Georgia law. Starting and Ending Dates. Policies shall have concurrent starting and ending dates. Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance shall be placed with insurer(s) with an A.M. Best Policyholder's rating of no less than "A-" and with a financial rate of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the prescribed form. (6) Verification of Coverage: Contractor shall furnish to the City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming the City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. 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 prior to the expiration of the coverage. (7) Contractor's Duty to Provide Notice of Reduction in Coverage: Contractor shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. Contractor shall require the same notice to the City in all subcontractor contracts. (8) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (9) 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, and have an effective date which is on or prior to the Effective Date. (10) Progress Payments: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. Client#: 16135 EDCAS ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) TYPE OF INSURANCE 12/12/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Regions insurance Inc -Atlanta PHONE 770-663-8606 AIC, No, E.,):770274-2910A1C, No 12725 Morris Road Extension E-MAIL Bldg 100, Suite 200 ADDRESS: Alpharetta, GA 30004 INSURER(S) AFFORDING COVERAGE NAIC k INSURER A: Selective Insurance Company of 12572 PRODUCTS - COMP/OP AGG $2,000,000 INSURED INSURER B: Technology Insurance Company 42376 Ed Castro Landscape Inc. LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS Venn Land &Creek LLC INSURER C: INSURER D: 1125 Old Ellis Road INSURER E: Roswell, GA 30076-3820 INSURER F: BODILY INJURY Per accident $ ( ) t,UVr.MAIOCJ CtR i IFICATF NI IMRFR• cc 11Q1r%K1 Ku Ieeoco. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DDNYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X PD Ded:1,000 S2174014 7/17/2016 07/17/2017 EACH OCCURRENCE $1,000,000 pAMA�ET RENTED PREMISES Ea occurrence $100,000 MED EXP (Any one person) $10,000 PERSONAL BADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY ECT I_J LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS S2174014 07/17/2016 07/17/201 (CEO MBINED acc.id.n SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY Per accident $ ( ) PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE S2174014 7/17/2016 07/17/201 EACH OCCURRENCE $5,000,000 AGGREGATE s5.000.000 DED X RETENTION $O $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N OFFICERANY /MEMBER EXCLUDED? ECUTIVE5y] (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA TWC356354 7/01/2016 07/01/201 X PER OTH- T= E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT 1 $1,000,000 A Leased/Rented Equipment S2174014 7/17/2016 07/17/201 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Milton and all affiliates are listed as additional insured with regards to general liability. Waiver of subrogation applies with regards to workers compensation. City of MiltonI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 14 &..(t t- @ 1988-2014 - ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2236141/M2101396 CROUS "EXHIBIT C" CONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(1) STATE OF G COUNTY OF I lel 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, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned 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: 10 -7 Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Name of Project IZhaL 2) �'� ! on GU E�i S fir.)m7 DrcU'o Fe�' f City of Milton. Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. 2016 in _ (state). Signature of Authorized Officer Printed Name and Title of Authorized Officer or Agent SUBSCRIBED ANDSWORN BEFORE ME ON THIS THE 14; +', ��7 DAY OF „�. ,201_1- %% Kp No T 2 : O NOTARY PU LIC _ ; ? w� Yp m ., : r - /C �� My Commission Expires: C- 5. 2020 ..•' P ��� "EARIBIT' ll" SL BCONTR.ACI'OR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(3) STATE Or' �. COUNTY OF �� a,-�— By executing this affidavit, the undersigned subcontractor verities its compliance with O,C,G.A. § 13-!0- 91, stating affirmatively that the individual, firm or corporation which is engaged' ngaged in the physical performance of se vices under a contract with Ed Castro Landscaping, Inc. on behalf' of the City of Milton, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance ofserviees fn 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 wi?1 forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within Live (5) business days of receipt. If the undersigned subcontractor receives novice that a sub - subcontractor has received ar affidavit from any usher contracted sub -subcontractor, the undershmed five subcontractor must forward, tiNithin (5) business days of receipt, a copy of the notice to the contractor. Subcontractor aereby attests :hat its federal work authorization user identifcatic» number and date of authorization are as follows: Federal Work Aut orization User Identification Nurnber - -- l�ate of Aut7ori�atton Name of Contractor - 1 hereby declare :ender penalty of perjury that the foregoing is true and correct. Executed ori 4 t''. 20 II, -in (pity), -J�h . estate) Signature o Autht�rized Officer or Agent Ali 4� L-1., � ' l ai Printed Name and "f hiC ltd; r orized Offi. er or :Ngert 'arae of Projec �/t(* ` 1"G7t / 61 I t ��� � 'GU) ��`�� �- SUBSCRIBED.AND WORN BEFORk; .ME Cit.- of Nti1 lten e+ir is �' �� Nance of Public l'mployer ON THIS THSr � DAY OF .0 \OTARY PUBt ` �oMrniss�o O [NOI'ARY SLAT_, NOT Z0 gtyCorlrni�„ouLtipire,:= �� o�e�1C -y : { f •� , ') �� C %Fq Vie; N 20?° •' ���: —' �f--'CsrO �� 1111�%% O �``� HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' N*k' MILTOESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 30, 2016 FROM: Steven Krokoff, City Manager a) AGENDA ITEM: Approval of Subdivision Plats and Revisions Approval MEETING DATE: Monday, January 9, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,J�APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES (4410 CITY ATTORNEY REVIEW REQUIRED: (J YES (^0 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: yr/09/tun REMARKS: ©* Yauo PHONE: 678.242.25001 FAX: 678.242.2499 r en Inlo®cifyollmlltonga.us l w .cRyofmlRonga.us wrw ComMunl'h/ !� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - °E^T ^E� ^^�+__ - .eV To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on December 28, 2016 for the January 9, 2019 Regular Council Meeting Agenda Item: Consideration of Subdivision Plats and Revisions Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, map, Plats Plat Revision Staff Memo Page 2 of 7 Name of Development/ Location Action Comments/ # lots Total Acres Density 1. Vicki Hyatt, LL 296, Hopewell Rd. Minor Plat Create 2 Lots 4.071 .49 Lots / acre 2. Meckers Falls, LL 989 and 990 Freemanville Road Minor Plat Create 3 Lots 9.076 .33 Lots/ acre 3. Sharon Danville, LL 668 Wood Road Minor Plat Revision, Move property line lots 2 and 3 , 3 Lots 12.34 .24 Lots/ acre Plat Revision Staff Memo Page 3 of 7 Plat Revision Staff Memo Page 4 of 7 Plat Revision Staff Memo Page 5 of 7 Plat Revision Staff Memo Page 6 of 7 Plat Revision Staff Memo Page 7 of 7 F HOME OF' HE BEST QUALITY OF LIEO M T I LTO N*k ESTABLI S H ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 29, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of RZ16-05 -To Create Steep Slope Standards in Chapter 64, Article XVII, Division 3, Site Improvement Standards. MEETING DATE: Monday, January 9, 2017 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: (eES () NO CITY ATTORNEY REVIEW REQUIRED: OYES () NO APPROVAL BY CITY ATTORNEY. (APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS: ©y Youl * PRONE: 678.242.25001 FAX: 678.242.2499Greelri • .�,„�, rw1 inioocgyofmlltonga.us l www.altyofmiRonga.us ° a Community o'r°r & 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a � - __^*�.,Eo ewo+*= - ��` Page 1 of 2 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: January 5, 2017, prepared for the January 30, 2017 City Council Meeting, (First Presentation – January 9, 2017, Work Session – January 18, 2017) Re: RZ16-05 – Consideration to create steep slope standards in Chapter 64, Article XVII, Division 3. Site Improvement Standards Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Background The purpose of this text amendment is to propose a steep slope ordinance in order to assist in preserving and protecting slopes that are 25% or greater. This would be applicable to development with 5,000 square feet or more in area. This item was presented at the October 26, 2016 Planning Commission Meeting. After deliberation and consideration of comments from the public, the proposed text amendment was deferred to allow Staff to provide the following information: 1) A streamlined version of the proposed steep slope ordinance (model ordinance); 2) The Fulton County Steep Slope Ordinance that was recently approved by the Fulton County Board of Commissioners; 3) Analysis of nearby jurisdictions’ steep slope ordinances. At the November 15, 2016 Planning Commission Meeting, the Commission asked Staff to further streamline the model ordinance and keep the 25% steep slope threshold and present it at the December Planning Commission meeting. Page 2 of 2 Results of the December 28, 2016 Planning Commission Meeting There was no one in attendance from the public to speak about this item. The Planning Commission recommended to approve the proposed text amendment as proposed by Staff, including edits by the Planning Commission. The motion passed unanimously 7-0. Staff has included a redlined version as well as an “accepted” version for easier review. The recommendations of the Planning Commission are highlighted in yellow for review. Funding and Fiscal Impact: There will be no impact if these text amendments are approved. Alternatives: The Mayor and City Council may approve or deny the amendment as proposed and/or recommend further amendments to the text amendment discussed. Legal Review: Paul Frickey - Jarrard & Davis (January 2017) Concurrent Review: Public Works Attachment(s): RZ16-05 Text Amendment and Ordinance RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/2017 Page 1 Chapter 64, Article XVII, Division 3. Site Improvement Standards 64-2404 – Steep Slopes a. Purpose It is the purpose of this ordinance to provide development regulations applicable to steep slopes to ensure that such development occurs in a manner that: 1. Protects the natural and topographic character of hillsides; 2. Prevents inappropriate development on steeply sloping sites and in geologically hazardous areas; 3. Protects fragile steep slopes and other environmental resources; 4. Preserves the aesthetic and scenic qualities of steep slopes; 5. Ensures the public health, safety, and general welfare. The provisions of this ordinance are intended to prevent developments that will erode steep slopes, result in sedimentation of lower slopes, cause damage from landslides or create potential for damage from landslides, flood downhill properties or result in the severe cutting of trees or the scarring of the landscape. b. Compliance No land to which this ordinance applies shall hereafter be subdivided, cleared, developed or used, and no building or structure shall be constructed, placed, extended, converted or structurally altered, except in full compliance with the regulations of this ordinance. c. Definitions Buildable area means a contiguous area, excluding septic drain fields and driveways, for the placement of a building or structure and which meets the requirements of this ordinance and zoning/land use, subdivision and land development regulations of the city. Ridgeline means the line formed by the meeting of the tops of sloping surfaces of land. Steep slope means any slope equal to or greater than 25 percent as measured over any minimum run of 10 feet. Steep slopes are determined based on contour intervals of two feet or less. Table land means a land area having a relatively level surface considerably raised above adjoining land on at least one side. d. Applicability RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/2017 Page 2 1. This ordinance shall apply to any development proposal for property with a natural slope of twenty-five percent (25%) or more with a minimum of 5,000 square feet or more of contiguous area, and including the crests, summits and ridge tops which lie at elevations higher than any such areas even though the slopes of such crests, summits and ridge tops have a slope of less than 25 percent. For purposes of determining whether this ordinance applies, the natural slope of a given property shall be calculated perpendicular to topographic contours from property line to property line, prior to grading, using quadrangle maps of the United States Geological Survey, other reputable topographic maps of the subject area or, if available, a topographic survey of the subject property. (Planning Commission Recommends this to remain.) 2. This ordinance shall apply, and the Community Development Department and the Public Works Department shall apply and enforce the provisions of this ordinance, to the earliest application for development or building approval required of the applicant, whether that is an application for a land use petition, building permit, application for preliminary plat, or application for land disturbance permit. e. Calculation of Slope 1. For the purposes of determining whether the natural slope is 25 percent or more, and hence whether this article applies, the natural slope of a given property shall be calculated perpendicular to topographic contours from property line to property line, prior to grading, using reputable topographic maps of the subject area or, if available, a topographic survey of the subject property. f. Dispute of Slope Calculation Whenever an applicant disputes a determination by the Public Works Director as to the slope of the property, the applicant shall be entitled to submit a determination of the slope prepared by a registered land surveyor using standard surveying practices. Submission of the slope determination by a registered land surveyor shall be determinative and binding on the Public Works Director and applicant. g. Exemptions 1. The following land uses or activities are exempt from the requirements of this ordinance: (a) Agriculture and forestry. Agriculture and forestry, provided that they are consistent with the best management practices established by the Georgia Forestry Commission or the Georgia Soil and Water Conservation Commission, consistent with all state and federal laws, and all applicable regulations promulgated by the Georgia Department of Agriculture. RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/2017 Page 3 (b) Landscape maintenance. Landscape maintenance activities, including the removal of diseased, dead or damaged trees; provided, however, that such activities shall be carried out in conformance with applicable regulations (c) Prior development plan approval. Any land, or part of any land, which was contained in or subject to any development plan, and which was filed with the Community Development Director and approved by the City prior to the effective date of this ordinance. (d) Additions to single-family residences. On legal lots of record with existing residences that were approved prior to the effective date of this ordinance, said existing residences may be expanded without demonstrating compliance with this ordinance, provided that the height of the building addition does not exceed the existing height of the building, no land disturbance is required to accomplish the building addition in excess of 5,000 square feet in area, and the building addition is in conformity with the purposes and intent and consistent with regulations and guidelines of this ordinance as determined by the Community Development Director. h. Grading and Land Disturbance 1. General grading provisions (a) All grading, retaining wall design, drainage and erosion control plans for development subject to this ordinance shall be designed by a design professional of record. (b) No grading, filling, clearing or excavation of any kind in excess of 5,000 square feet in area shall be initiated until a grading plan is approved and a land disturbance permit is obtained from the Community Development Director. (c) Projects involving more than one use or phase should be phased into workable units in a way that minimizes the amount of soil disturbance at any given point in time. i. Cut slopes No cuts shall be permitted solely for the purpose of obtaining fill. unless specifically approved in the grading plan. j. Fill slopes RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/2017 Page 4 Fill slopes should not exceed a total vertical height of twenty (20) feet, as measured on a vertical plane from the high point of the cut or fill to the bottom-most point. The toe of any fill slope area not utilizing an engineered retaining structure should be a minimum of six (6) feet from any property line. k. Retaining walls 1. Retaining walls and other structures that are necessary for slope stabilization may be constructed within the area required for stabilization within the development if approved by the Community Development Director with the following standards: (a) Retaining walls shall not be used to increase table land. (b) Retaining walls shall comply with Section 64-2403 of this ordinance. l. Clearing and Improvement Limits on Steep Slopes All new lots created by subdivision shall contain a building envelope with a natural slope of 25 percent or less and shall meet the lot size minimum based on slope as provided in this subsection below. Existing parcels without adequate buildable area less than or equal to 25 percent cannot be subdivided but shall be considered buildable for one unit. Subdivision of land, land disturbance, and development of lands that are subject to this ordinance shall meet the requirements shown below: Average Slope of Lot To Be Developed (%) Minimum Lot Size of Any New Lot Created (acres) Minimum Percent of Lot that Must Remain Undisturbed (%) Maximum Percent of Lot That May Be Disturbed (%) Maximum Percent of Lot That May Be Impervious Surface (%) 25-29% 1.5 50% 50% 25% 30-34% 2.0 60% 40% 20% 35-39% 2.5 70% 30% 15% 40% or more 3.0 80% 20% 10% m. Revegetation 1. Plan required. Revegetation according to a planting plan approved by the Community Development Director shall be required for all disturbed areas outside of roadways, driveways, building sites and minimal yard areas. RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/2017 Page 5 2. Installation. When revegetation is required, all required revegetation shall be installed prior to approval by the Community Development Director to occupy the activity, development or building. n. Drainage Stormwater facilities are not permitted in areas with slopes exceeding 50%. o. Roads No new street shall be constructed on lands equal to or greater than 35 percent slope; provided, however, that a portion of a street on land equal to or greater than 35 percent slope may be constructed if it does not exceed a length of 100 feet. p. Building Requirements and Guidelines 1. Building pads. Building pads should be of minimum size to accommodate the structure and a minimal amount of yard space. Large pads such as but not limited for the development of tennis courts, swimming pools and large lawns are prohibited. 2. Foundations. All buildings and structures on lands with slopes of 25 percent or greater shall have foundations which have been designed by a design professional of record. 3. Roofs. Buildings and structures with roofs must be designed such that the roofline of the building does not project above a ridgeline more than two (2) feet. Roof forms and roof lines for new structures should be broken into a series of smaller building components to reflect the irregular forms of the surround hillside. Long, linear unbroken roof lines are discouraged. Flat roofs are discouraged. The slope angle of roof pitch should be at or below the angle of the natural hillside slope. (Planning Commission recommends keeping this section.) q. Variance If an applicant asserts that application of this ordinance would deny the reasonable use of property, the applicant may apply for a variance. A variance is intended to provide a remedy to address those cases in which the application of this ordinance unreasonably restricts all economic use of a parcel of land and the restriction cannot be remedied by other authorized techniques or conditions. A variance to the provisions of this ordinance may be considered in accordance with Article X of Chapter 64 of the City Code. RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/20171/5/20171/5/20171/4/2017 Page 1 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt Chapter 64, Article XVII, Division 3. Site Improvement Standards 64-2404 – Steep Slopes a. Findings Steep slopes are inherently unstable. Changes to slopes — through undermining by humans, flowing rivers, heavy rains or the focusing of stormwater runoff by human-built channels or storm drain outlets — can cause erosion or landsliding. Soil slips, which cause avalanche-type failures and slower-moving earthflows can occur on slopes of 30-33 percent and more. Serious erosion can occur on much shallower slopes. Steep slopes are less forgiving of construction errors than are shallow slopes. When steep slopes fail, such failures can have disastrous consequences. Disturbed surfaces create loose materials which tend to move downhill. The steeper the natural slope, the greater the area is that must be disturbed. Development can result in alteration of land surfaces that can contribute to slope destabilization. Alterations that have the potential for creating unstable slopes include placing fills on top of marginally stable slopes, cutting slopes at too steep an angle or undermining the toe of a slope, redirecting storm runoff in a way that artificially concentrates flows onto portions of the landscape not prepared to receive such flows, removing woody vegetation and adding water by means of hillside septic systems. These factors work together and can cumulatively decrease the stability of slopes and eventually lead to disaster. Landslides and slope failures pose a variety of hazards to human settlements. Development of steep slopes, if unregulated, can take place at the expense of environmental concerns. Stormwater runoff from slopes is greater in both quantity and velocity than it would be from level ground. Preserving existing vegetation reduces erosion by maintaining roots which increase infiltration and bind soils. Vegetation also reduces the velocity of raindrops and slows the velocity of surface water flow by increasing the roughness of the ground. Constructing hillside roads involves cuts in the upslope side and fills on the down slope side. Such cuts and fills are often much wider than the normal city road right-of-way and can be more susceptible to failure. Land with steep slopes are unique vegetation communities and wildlife habitats. Steep slopes in developing areas are often the last remaining natural areas and are the final refuges for many animal species. Development needs to be sensitive to the hillside’s function of providing biodiversity. Steep slopes have general aesthetic value to the community and contribute to the community’s sense of identity. Prominent peaks and ridges can have significance as identifiable landmarks to area residents. Development of steep slopes, if unregulated, can take place at the expense of aesthetic concerns. Hills are highly visible from surrounding areas. Vegetation clearance and landform grading practices, if unregulated, can upset the natural shape of hills. The bulk, shape, height and color of buildings can contrast with the natural landscape if unregulated and thus intrude on RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/20171/5/20171/5/20171/4/2017 Page 2 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt the natural character of the landform. Regulations are needed to ensure that buildings and structures blend in with the natural environment through their shape, materials and colors. ba. Purpose It is the purpose of this ordinance to provide development regulations applicable to hillsides and ridgelinessteep slopes to ensure that such development occurs in a manner that: 1. Protects the natural and topographic character of hillsides; 2. Prevents inappropriate development on hillsides, steeply sloping sites and in geologically hazardous areas; 3. Protects fragile steep slopes and other environmental resources; 4. Preserves the aesthetic and scenic qualities of hillsides and steep slopes; 5. Ensures the public health, safety, and general welfare. The provisions of this ordinance are intended to prevent developments that will erode hillsidessteep slopes, result in sedimentation of lower slopes, cause damage from landslides or create potential for damage from landslides, flood downhill properties or result in the severe cutting of trees or the scarring of the landscape. b. Compliance No land to which this ordinance applies shall hereafter be subdivided, cleared, developed or used, and no building or structure shall be constructed, placed, extended, converted or structurally altered, except in full compliance with the regulations of this ordinance. It is the intent of these development standards to encourage a sensitive form of development and to allow for a reasonable use that complements the natural and visual character of the community. These purposes cannot be met fully with existing development codes, such as soil erosion, grading, tree protection and flood damage prevention. This ordinance is considered the minimum necessary to attain these purposes. These regulations are also intended to encourage the application of principles of civic design, landscape architecture, architecture, planning and civil engineering to preserve the appearance and protect the resources of hillside areas and ridgelines. Guidelines are also provided to encourage imaginative and innovative building techniques and to encourage building designs compatible with natural hillside surroundings. c. Definitions Buildable area means a contiguous area, excluding septic drain fields and driveways, for the placement of a building or structure and which meets the requirements of this RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/20171/5/20171/5/20171/4/2017 Page 3 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt ordinance and zoning/land use, subdivision and land development regulations of the localitycity. Landslide means an abrupt downslope movement of a mass of soil or rock. Liquefaction means a process in which soil loses strength and behaves like a liquid. Quadrangle map means a 1:24,000, 7.5 minute topographic map published by the United States Geological Survey. Slope means an inclined earth surface, the inclination of which is expressed as the ratio of horizontal distance to vertical distance. In these regulations, slopes are generally expressed as a percentage; percentage of slope refers to a given rise in elevation over a given run in distance. A fifty (50) percent slope, for example, refers to a 100-foot rise in elevation over a distance of 200 feet. A fifty (50) percent slope is expressed in engineering terms as a 2:1 slope. Ridgeline means the line formed by the meeting of the tops of sloping surfaces of land. Steep slope means any slope equal to or greater than 25 percent as measured over any minimum run of 10 feet. Steep slopes are determined based on contour intervals of two feet or less. SLOPE Table land means a land area having a relatively level surface considerably raised above adjoining land on at least one side. d. Applicability 1. This ordinance shall apply to any development proposal for property with a natural slope of twenty-five percent (25%) or more with a minimum of Formatted: Font: Italic, Highlight Formatted: Highlight Formatted: Font: Italic RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/20171/5/20171/5/20171/4/2017 Page 4 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt 5,000 square feet or more of contiguous area, and including the crests, summits, and ridge tops which lie at elevations higher than any such areas even though the slopes of such crests, summits and ridge tops have a slope of less than 25 percent. For purposes of determining whether this ordinance applies, the natural slope of a given property shall be calculated perpendicular to topographic contours from property line to property line, prior to grading, using quadrangle maps of the United States Geological Survey, other reputable topographic maps of the subject area or, if available, a topographic survey of the subject property. Planning Commission Recommends this to remain. 2. This ordinance shall apply, and the Community Development Department and the Public Works Department shall apply and enforce the provisions of this ordinance, to the earliest application for development or building approval required of the applicant, whether that is an application for a land use petition, building permit, application for preliminary plat, or application for land disturbance permit. e. Calculation of Slope 1. For the purposes of determining whether the natural slope is 25 percent or more, and hence whether this article applies, the natural slope of a given property shall be calculated perpendicular to topographic contours from property line to property line, prior to grading, using quadrangle maps of the United States Geological Survey, other reputable topographic maps of the subject area showing slopes of 25% or more, or, if available, a topographic survey of the subject property. f. Dispute of Slope Calculation 1. Whenever an applicant disputes a determination by the Community DevelopmentPublic Works Director as to the slope of the property, the applicant shall be entitled to submit a determination of the slope prepared by a registered land surveyor using standard surveying practices. Submission of the slope determination by a registered land surveyor shall be determinative and binding on the Public Works Director and applicant. g. Exemptions 1. The following land uses or activities are exempt from the requirements of this ordinance: (a) Agriculture and forestry. Agriculture and forestry, provided that they are consistent with the best management practices established by the Georgia Forestry Commission or the Georgia Soil and Water Conservation Formatted: Highlight Formatted: Indent: Left: 0.34", Hanging: 0.66" Formatted: Indent: Left: 0", First line: 0" Formatted: Not Highlight Formatted: Not Highlight Formatted: Indent: Left: 0.25", Hanging: 0.25" RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/20171/5/20171/5/20171/4/2017 Page 5 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt Commission, consistent with all state and federal laws, and all applicable regulations promulgated by the Georgia Department of Agriculture. (a) (b) Mining. Mining activity existing on the effective date of this ordinance, if such activity has been lawfully permitted by the Georgia Department of Natural Resources. (b) Landscape maintenance. Landscape maintenance activities, including the removal of diseased, dead or damaged trees; provided, however, that such activities shall be carried out in conformance with applicable regulations (c) of this ordinance. (d)(c) Prior development plan approval. Any land, or part of any land, which was contained in or subject to any development plan, and which was filed with the Community Development Director and approved by the City prior to the effective date of this ordinance. (e)(d) Additions to single-family residences. On legal lots of record with existing residences that were approved prior to the effective date of this ordinance, said existing residences may be expanded without demonstrating compliance with this ordinance, provided that the height of the building addition does not exceed the existing height of the building, no land disturbance is required to accomplish the building addition in excess of 5,000 square feet in area, and the building addition is in conformity with the purposes and intent and consistent with regulations and guidelines of this ordinance as determined by the Community Development Director. h. General Provisions 4. Compliance. No land to which this ordinance applies shall hereafter be subdivided, cleared, developed or used, and no building or structure shall be constructed, placed, extended, converted or structurally altered, except in full compliance with the regulations of this ordinance. Regulations versus guidelines. This ordinance provides both regulations and guidelines. Regulations are identified by use of the term “shall” and compliance is mandatory. Guidelines are identified by use of the term “should” and compliance is not mandatory but is strongly recommended. Substantial inconsistencies with one or more guidelines in a manner that is clearly counter to the purposes of this ordinance may provide the basis for denial of a development by the Community Development Director. Formatted: Not Highlight Formatted: No bullets or numbering Formatted: Not Highlight Formatted: No bullets or numbering RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/20171/5/20171/5/20171/4/2017 Page 6 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt 5. Topographic data. Where the Community Development Director does not have reliable data on existing topography, or when a quadrangle map of the U.S. Geological Survey or other topographic maps which may be available does not provide sufficient detail to administer the requirements of this ordinance, the Community Development Director may require, and the development applicant shall provide, a topographic survey of the property proposed to be developed. Said topographic survey, if required, may exclude areas not proposed for development. The topographic survey shall provide contour intervals of no more than five (5) feet unless otherwise approved by the Community Development Director. i. General Development Requirements 0. All development proposals subject to the requirements of this ordinance shall be designed to meet generally accepted principles of land use planning, soil mechanics, engineering geology, civil engineering, environmental management, architecture, landscape architecture, landscape ecology and related disciplines. Planning of the development shall take into account the topography, soils, geology, hydrology, vegetation and other features of the proposed site. 0. Areas not well suited for development due to soil characteristics, geology, vegetation, existing plant and animal life or hydrology limitations, should not be developed. 0. Site designers are encouraged to propose and apply innovative concepts for slope and soil stabilization, grading, landscaping and building placement and design to meet the purposes and objectives of this ordinance. jh. Grading and Land Disturbance 1. General grading provisions (a) All grading, retaining wall design, drainage and erosion control plans for development subject to this ordinance shall be designed by a civil engineerregistered professionaldesign professional of record. (a) In cases where geologically hazardous areas exist, such plans shall RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/20171/5/20171/5/20171/4/2017 Page 7 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt (b) No grading, filling, clearing or excavation of any kind in excess of fifty (50) square feet in area shall be initiated until a grading plan is approved and a land disturbance permit is obtained from the Community Development Director. (b) Borrowing for fill shall be prohibited unless the material is obtained from a cut permitted under an approved grading plan or imported from outside the hillside area. (b) Any approved cut or fill slopes shall be no steeper than two (2) horizontal to one (1) vertical unless it can be shown by the project engineer that steeper slopes are feasible and such showing is accepted by the Community Development Director. (b) Development on the site should be located, designed and oriented so that grading and other site preparation are kept to the minimum needed to serve the intended building or use. (b) When grading must occur, it should blend with the natural landform as much as possible. Grading to form level pads and building sites is strongly discouraged and when required such grading should be minimized. RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/20171/5/20171/5/20171/4/2017 Page 8 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt (c) Projects involving more than one use or phase should be phased into workable units in a way that minimizes the amount of soil disturbance at any given point in time. ik. Cut slopes . 1. No cuts shall be permitted solely for the purpose of obtaining fill., unless specifically approved in the grading plan. 2. Cut slope angles shall be determined in relationship to the type of materials of which they are composed. Steep-cut slopes shall be retained with stacked rock, engineered retaining walls or a functional equivalent, to control erosion and stabilize the slope. 3. Cut faces on a terraced section should not exceed a maximum height of five (5) feet, as measured on a vertical plane from the high point of the cut or fill to the bottom-most point. 4. Terrace widths should be a minimum of three (3) feet to allow for the introduction of vegetation for erosion control. The total height of a cut slope should not exceed fifteen (15) feet. Formatted: Left, Indent: Left: 0" Formatted: No bullets or numbering Formatted: No bullets or numbering Formatted: Highlight RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/20171/5/20171/5/20171/4/2017 Page 9 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt jl. Fill slopes 1. Fill slopes should not exceed a total vertical height of twenty (20) feet, as measured on a vertical plane from the high point of the cut or fill to the bottom-most point. The toe of any fill slope area not utilizing an engineered retaining structure should be a minimum of six (6) feet from any property line. km. Retaining walls 1. Retaining walls and other structures that are necessary for slope stabilization may be constructed within the area required for stabilization within the development if approved by the Community Development Director with the following standards: (a) Retaining walls shall not be used to increase table land. (b) Retaining walls shall not be used to create a shelf or other table area within the steep slope. (c) Backfilling of a retaining wall is allowed only as necessary for slope stabilization. (db) Retaining walls shall comply with Section 64-2403 of this ordinance. ln. Clearing and Improvement Limits on Steep Slopes All new lots created by subdivision shall contain a building envelope with a natural slope of 35 25 percent or less and shall meet the lot size minimum based on slope as Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: Left: 0.5" RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/20171/5/20171/5/20171/4/2017 Page 10 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt provided in this subsection below. Existing parcels without adequate buildable area less than or equal to 35 25 percent cannot be subdivided but shall be considered buildable for one unit. Subdivision of land, land disturbance, and development of lands that are subject to this ordinance shall meet the requirements shown below: Average Slope of Lot To Be Developed (%) Minimum Lot Size of Any New Lot Created (acres) Minimum Percent of Lot that Must Remain Undisturbed (%) Maximum Percent of Lot That May Be Disturbed (%) Maximum Percent of Lot That May Be Impervious Surface (%) 25-29% 1.5 50% 50% 25% 30-34% 2.0 60% 40% 20% 35-39% 2.5 70% 30% 15% 40% or more 3.0 80% 20% 10% o. Trees 1. Removal. Existing deep-rooted vegetation, including trees, bushes and ground covers, should be removed only in cases where necessary for buildings, roads, driveways, parking and minimum required yards. View corridors from the proposed development to surrounding areas may be provided, but the thinning of limbs of individual trees is preferred over tree removal as a means to provide a view corridor. 2. Tree protection areas. All areas required by this ordinance to be maintained in their natural state shall be designated as tree protection areas on the site plan. Development shall avoid disturbing designated tree protection areas. Construction site activities, including material storage, shall be located and arranged so as to prevent disturbances of designated tree protection areas. 3. Tree replacement. No trees, other than those located within a building envelope, within a proposed street, driveway or parking area, or within a utility easement, shall be removed except by permit issued by the City Arborist. A replacement plan for such trees shall be required to be approved by the City Arborist. 4. Tree survey required. When grading or land disturbance is proposed to occur outside of roadways, utility areas, building pads and minimum required yard areas, a tree survey at the same scale as the project site plan shall be required. Portions of the lot or project area not proposed to be disturbed by development shall not be required to be included in the tree survey. All tree surveys required by this subsection shall show all trees greater than six (6) inches diameter at breast height (dbh), along with their dbh and species. Groups of trees in close proximity (i.e., those within five feet of each other) may be designated and shown as a stand of trees, provided that the predominant species, estimated number and average diameter of trees are indicated on the tree survey. The tree survey shall RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/20171/5/20171/5/20171/4/2017 Page 11 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt include the name, address and signature of the professional conducting the tree survey. mp. Revegetation 1. Plan required. Revegetation according to a planting plan approved by the Community Development Director shall be required for all disturbed areas outside of roadways, driveways, building sites and minimal yard areas. 2. Species selection. Vegetation used to revegetate disturbed areas shall be native species or species similar in resource value as the vegetation removed. Vegetation shall be chosen after consideration of its ability to survive the conditions of soils, climate, temperature, elevation and other natural conditions. Use plant materials that blend with the ridgeline or hillside. Landscape schemes that are rough, natural and/or subdued in character are encouraged. Use of exotic plants and sod are strongly discouraged. 3. Slope stability. When revegetation is required, it should be installed to assist in providing long-term slope stabilization and help reduce the visual impact of any cut slopes. 4.2. Installation. When revegetation is required, all required revegetation shall be installed prior to approval by the Community Development Director to occupy the activity, development or building. nq. Drainage Formatted: Indent: Left: 0" Formatted: Not Highlight Formatted: Indent: Left: 0.5", Hanging: 0.5" Formatted: Indent: Left: 0" Formatted: No bullets or numbering RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/20171/5/20171/5/20171/4/2017 Page 12 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt 1. Stormwater management facilities shall be provided for all developments subject to this ordinance. Storm drain systems shall be designed to capture stormwater from streets, driveways, parking areas, building roofs and other impervious surfaces. Unless otherwise required by the Community Development Director, the drainage for the site shall be directed to flow to streets or other approved collector systems. 2. The overall drainage system shall be completed and made operational at the earliest possible time during construction. 3. Stormwater facilities shall be designed to divert surface water away from cut faces or sloping surfaces of a fill. When this is not possible, interceptor ditches shall be installed above all cut/fill slopes and the intercepted water conveyed to a stable channel or natural drainage way with adequate capacity. Alternatively, berms at the top of slopes may be used to screen developments, vary the profile and ensure drainage will be directed away from slopes. 4. Existing natural drainage systems should be utilized, as much as possible, in their natural state. Alterations of major natural drainageways shall be prohibited except for approved road crossings and drainage structures. Natural drainageways shall be riprapped or otherwise stabilized below drainage and culvert discharge points for a distance sufficient to convey the discharge without channel erosion. Flow-retarding devices and detention ponds shall be used where required to minimize increases in runoff volume and peak flow rate due to development.Stormwater facilities are not permitted in areas with slopes exceeding 50%. 5. or. Roads , Driveways and Parking Areas 1. No new street shall be constructed on lands equal to or greater than 35 percent slope; provided, however, that a portion of a street on land equal to or greater than 35 percent slope may be constructed if it does not exceed a length of 100 feet. 2. Streets, driveways, buildings, utilities, parking areas and other site disturbances shall be located such that the maximum number of existing trees on the site is preserved. 3. Roads, driveways and parking areas shall be designed to create the minimum feasible amounts of land coverage and the minimum feasible disturbance of the soil. Variations in road design and road construction specified by the City [city] in its subdivision and land development regulations shall be permitted, as may be approved by the Community Development Director, to prevent the dedication of unnecessarily large amounts of land. 4. Road alignments should follow the natural terrain unless the project engineer can justify additional cuts or fills. Roads, walkways and parking areas should be designed to parallel the natural contours of the site. Formatted: No bullets or numbering Formatted: Indent: Left: 0.75", No bullets or numbering Formatted: No bullets or numbering Formatted: No bullets or numbering Formatted: Not Highlight Formatted: Indent: Left: 0.75", No bullets or numbering RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/20171/5/20171/5/20171/4/2017 Page 13 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt 5. One-way streets shall be permitted and encouraged where appropriate for the terrain and where public safety would not be jeopardized. For instance, a two-way street may have the directions of flow split into one-way pairs that differ in elevation, circumnavigate difficult terrain or avoid tree clearance. 6. Combinations of collective private driveways, shared parking areas and on- street parallel parking bays should be used where possible to minimize land and soil disturbance, minimize impervious surface coverage and achieve excellence of design and aesthetic sensitivity. sp. Building Requirements and Guidelines 1. Building pads. Building pads should be of minimum size to accommodate the structure and a minimal amount of yard space. Large Ppads such as but not limited for the development of tennis courts, swimming pools and large lawns are discouraged prohibited. Building envelopes should be located and sized to preserve the maximum number of trees on site. Building pads should be varied in elevation above street level to avoid the appearance of monotonous, flat, level pads. Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Highlight Formatted: Highlight Formatted: Left, Indent: Left: 0.5", Hanging: 0.5" Formatted: Indent: Left: 0.5", Hanging: 0.5", Right: 0" Formatted: Indent: Left: 0.5", Hanging: 0.5" RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/20171/5/20171/5/20171/4/2017 Page 14 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt 2. Foundations. All buildings and structures on lands with slopes of 25 percent or greater shall have foundations which have been designed by a civil engineer or other qualified professionaldesign professional of record.. Large building pads and footings should be split into more than one (i.e., split-level homes that step down the hillside), where possible, to allow the building pad and structure to more closely follow the existing slope of the land. Building footprint coverage should be minimized where possible by using multiple-level (two or more story) buildings. Residence that “Steps Down” the Hillside Reproduced with permission from Donald Brandes and Michael Luzier. Developing Difficult Sites: Solutions for Developers and Builders, p. 48. © 1991 by BuilderBooks, National Association of Home Builders, Washington DC. Please visit www.builderbooks.com for books, booklets, brochures and other products of interest to the building industry. 3. Roofs. Buildings and structures with roofs must be designed such that the roofline of the building does not project above a ridgeline more than two (2) feet. Roof forms and roof lines for new structures should be broken into a series of smaller building components to reflect the irregular forms of the surrounding hillside. Long, linear unbroken roof lines are discouraged. Flat roofs are discouraged. The slope angle of roof pitch should be at or below the angle of the natural hillside slope. Planning Commission recommends keeping this section. Formatted: Not Highlight Formatted: Not Highlight Formatted: Indent: Left: 0.5", Hanging: 0.5" Formatted: Left, Indent: Left: 0.5", Hanging: 0.5", Line spacing: single Formatted: Indent: Left: 0.5", Hanging: 0.5" Formatted: Indent: Left: 0.5", Hanging: 0.5", Right: 0" Formatted: Highlight RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/20171/5/20171/5/20171/4/2017 Page 15 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt 4. Height. The height of all buildings and structures shall not exceed the zoning district height or Rural Milton Overlay height, which ever applies, measured vertically from the highest point of the natural grade. 5. Setbacks. When appropriate, buildings and structures should be located as close to the street as possible to preserve the natural terrain and to minimize disturbance and the length of driveways. 6. Mass. The visible mass of larger buildings and structures should be reduced by utilizing below-grade rooms cut into the natural slope. 7. Location. Buildings and structures should be clustered where possible to reduce disturbance and removal of vegetation. 8. Designs that reduce clearing and impervious surfaces. Wooden deck areas either on the roof of a garage, or roof of the house, or extending from the house or garage, may be used to reduce the amount of grading and need for yard areas and provide private outdoor spaces. Wooden decks that allow infiltration of stormwater into the ground may be used instead of concrete slabs for patios and, in some cases if structurally sufficient, parking, in order to reduce the amount of impervious surface. 9. Architectural requirements. An elevation drawing of all principal buildings shall be submitted to the City Architect for review and approval. The architectural drawing shall provide sufficient detail to show the proposed building materials, colors of exterior materials, and roof pitch. Exterior windows, trim, and other exterior building materials shall be non -reflective. 10. Partial screening. A portion of natural on-site vegetation shall be retained sufficient to partially screen (along fifty percent of the building face, or that achieves fifty percent opacity or more along the building face) the building, structure, use, or activity from views from public roads not serving the building, or landscaping shall be installed and designed to partially screen the building, structure, use, or activity from views from public roads, or other measures shall be included in the project and approved by the Community Development Director to reduce the visual impacts of such development from views from public roads. Formatted: Indent: Left: 0.5", Hanging: 0.5" RZ16-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) Planning Commission Comments highlighted in yellow. 1/5/20171/5/20171/5/20171/4/2017 Page 16 Formatted: Font: Century Gothic, 9 pt Formatted: Font: Century Gothic, 9 pt Formatted: Highlight Formatted: Font: Century Gothic, 9 pt qt. Variance. If an applicant asserts that application of this ordinance would deny the reasonable use of property, the applicant may apply for a variance. A variance is intended to provide a remedy to address those cases in which the application of this ordinance unreasonably restricts all economic use of a parcel of land and the restriction cannot be remedied by other authorized techniques or conditions. A variance to the provisions of this ordinance may be considered in accordance with Article X of Chapter 64 of the City Code. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ16-05 AN ORDINANCE TO CREATE STEEP SLOPE STANDARDS IN CHAPTER 64, ARTICLE XVII, DIVISION 3, SITE IMPROVEMENT STANDARDS. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on November 21, 2016 6:00 p.m. as follows: SECTION 1. That the amendment of the Site Improvement Standards, Article XVII, Division 3 of the City of Milton Zoning Ordinance to create Steep Slope Standards 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 30th day of January, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk I HOME OF' HE BEST QUALITY Of LIFE IN GEORGIA' MILTOESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 29, 2016 FROM: Steven Krokoff, City Manage(9 AGENDA ITEM: Consideration of RZ16-10-To Amend the Rural Milton Overlay Single Family Uses, Height - Section 64-1141)c). MEETING DATE: Monday, January 9, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,,J�PPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,JXES () NO CITY ATTORNEY REVIEW REQUIRED: krYES (/ NO APPROVAL BY CITY ATTORNEY: (APPROVED (/ NOT APPROVED PLACED ON AGENDA FOR: 6465/200 REMARKS: ©» Tsslm PHONE: 678.242.25001 FAX: 678.242.2499 ® GTeen`s �� wnnuet i ` Info�dtyolmiHonga.uaw�•cItyolmlMonga.us Communt O1'd 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Page 1 of 2 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: January 4, 2017, prepared for the January 30, 2017 City Council Meeting, (First Presentation – January 9, 2017, Work Session – January 18, 2017) Re: RZ16-10 – Consideration to amend the Rural Milton Overlay, Single Family Uses, Height – Sec. 64-1141(c). ______________________________________________________________________________ Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Background The City Council approved a retaining wall ordinance on November 21, 2016 within the Zoning Ordinance (Sec. 64-2403) limiting the height of retaining walls, including those attached to single family homes. There is now a potential for new homes to exceed the building height to compensate for the required maximum six foot high retaining walls. Therefore, Staff has proposed an amendment to the required height for single family uses within the Rural Milton Overlay to provide the applicant with a small amount of additional height, depending on each individual lot. Staff has included a series of graphics to illustrate possible building height scenarios and how the height credit is applied. Results of the December 28, 2016 Planning Commission Meeting There was no one in attendance from the public to speak about this item. The Planning Commission recommended to approve the proposed text amendment as proposed by Staff unanimously 7-0. Funding and Fiscal Impact: There will be no impact if these text amendments are approved. Page 2 of 2 Alternatives: The Mayor and City Council may approve or deny the amendment as proposed and/or recommend further amendments to the text amendment discussed. Legal Review: Paul Frickey - Jarrard & Davis (January 2017) Concurrent Review: Public Works Attachment(s): Graphics to explain height credit and possible height scenarios, RZ16-10 text amendment and ordinance. RZ16-10 - Explanation of Height Credit and Possible Building Height Scenarios Maximum Height = 28’ From Average Grade I. Slab House Average Grade = 0 (No Credit) Maximum Wall Height = 28’ (Grade to Soffit) II. Basement House: 50% Exposed 10’ Drop in Grade Credit = 5’-0” 28’ + 5’ = 33’ Maximum Wall Height III. Basement House 25% Exposed 10’ Drop in Grade Credit = 7.5’ 28’ + 7.5’ = 35.5’ Maximum Wall Height IV. Basement House 50% Exposed 15’ Drop in Grade Credit = 7.5’ 28’ + 7.5’ = 35.5’ Maximum Wall Height Average Grade % Exposed (Assume Grade Change at 10’-0”) 50% Exposed Credit = 5’ Same Credit (50%) 25% Exposed Credit = 7.5’ Example 31’-0” OK Example 35.5’ OK Grade Depth = 10’-0” Maximum Credit = 8’-0” Maximum Wall Height = 36’-0” Example 36’-0” OK RZ16-10 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) 1/5/20171/4/2017 Page 1 Formatted: Centered Sec. 64-1141. - Single-family type uses. (a) Landscaping. (1) Clear cutting is prohibited, however, land clearing, timber harvesting, tree farming and agricultural clearing may be allowed within the context of a development clearing permit. (2) No removal of protected trees (chapter 60, article II) is permitted on t he site prior to the issuance of a land disturbance permit, building permit, development clearing permit, or tree removal permit. (b) Stormwater management facilities. (1) All facilities shall be in compliance with the Stormwater Management Manual (chapt er 20, article IV of the City Code). (2) All facilities shall be designed to create a natural look. (3) Stormwater better site designs and nonstructural stormwater management practices shall be required unless allowed by the director of public works . (4) All detention facilities shall have a minimum ten -foot-wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and/or required access area. (5) Detention facilities shall be located in the least conspicuou s area of the site as engineering standards will allow. (6) The creation of shared stormwater management facilities are encouraged. (c) Height. (1) There shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. (2) Utilizing the above formula, in no case can the height credit exceed eight (8) feet. The height credit is defined as the additional height allowed per average grade. (d) Lot coverage. (1) Lot coverage for each individual lot zoned AG-1, R-1, R-2 and CUP shall not exceed: a. 25 percent for lots that front on private streets; and b. 20 percent for lots that front on public streets. (2) Lots that are both (a) located within the Birmingham Crossroads Overlay District and (b) not zoned AG-1 are exempt from the lot coverage requirements of subsection (d)(1) above. (e) Prohibited building components. (1) The following building components shall be prohibited: metal gates, burglar bars, chain link fence, metal roll down curtains. (f) Retaining walls. (1) Retaining walls shall be constructed of block or poured concrete with natural stone veneer or solid stucco and brick only. If viewed from the street, walls shall provide a 360 -degree veneer as described above. Retaining walls above three feet high shall ha ve a continuous planting of evergreens or as approved by the city arborist. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ16-10 AN ORDINANCE TO AMEND THE RURAL MILTON OVERLAY, SINGLE FAMILY TYPE USES, HEIGHT (SECTION 64-1141(c)) IN THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on January 30, 2017 6:00 p.m. as follows: SECTION 1. That the amendment of Section 64-1141(c) of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 30th day of January, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MI LTON'�l` ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE:CZecember 29, 2016 FROM: Steven Krokoff, City Manager /0 AGENDA ITEM: Consideration of RZ16-11 -To Amend the Crabapple Form Based Code as it Relates to Building Units Allowed for Parking Structures - Article XIX of the Zoning Ordinance. MEETING DATE: Monday, January 9, 2017 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: (eES () NO CITY ATTORNEY REVIEW REQUIRED: („ VYES () NO APPROVAL BY CITY ATTORNEY: (,a'APPROVED () NOT APPROVED PLACED ON AGENDA FOR: "r(o5/tail REMARKS: PHONE: 678.242.25001 FAX: 678.242.2499,+: Info®cityafmiHonga.us I w .cityofmftnga.us w COFIIIIIYIII Y ili&' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - - Page 1 of 2 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: January 4, 2017, prepared for the January 30, 2017 City Council Meeting, First Presentation – January 9, 2017, Work Session – January 18, 2017) Re: RZ16-11 – Consideration to amend the Crabapple Form Based Code as it relates to Building Units allowed for Parking Structures. – Article XIX of the Zoning Ordinance. Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Background Within the Crabapple Form Based Code, when a parking structure is constructed the ordinance allows for a density bonus of two building units per one parking space created within a parking structure. One building unit equals either: one residential unit (no matter what the size) or 2,250 square feet of non- residential space. As the ordinance reads currently, there is no maximum cap on the number of density bonus units one can utilize. Staff has encountered developers wanting to take advantage of this “loophole”. In order to eliminate unappealing high density development that does not meet the vision for the Crabapple area, staff has proposed: a density cap that is the same as the density cap indicated for Transfer of Development Rights (TDR) as shown on Table 10 of the Crabapple Form Based Code. For instance, in the T-5 zone, the allowed density is 9 units per acre and the density allowed with the use of TDR credits is 14 units per acre. Should this text amendment be approved, density bonuses when a parking structure is included will be capped at 14 units per acre as well. Results of the December 28, 2016 Planning Commission Meeting There was no one in attendance from the public to speak about this item. Page 2 of 2 The Planning Commission recommended to approve the proposed text amendment as proposed by Staff unanimously 7-0. Funding and Fiscal Impact: There will be no impact if these text amendments are approved. Alternatives: The Mayor and City Council may approve or deny the amendment as proposed and/or recommend further amendments to the text amendment discussed. Legal Review: Paul Frickey - Jarrard & Davis (January 2017) Concurrent Review: None Attachment(s): Crabapple Form Based Code Table 10, RZ16-11 text amendment and ordinance. CRABAPPLE FORM -BASED CODE City of Milton TABLE 10: Code 1. Minimum setbacks and building separations shall be subject to fire and building code restrictions. 2. Greater setback shall apply except for projects utilizing TDR, in which case the lesser setback shall apply. 3. Greater setback shall apply at a comer; lesser shall apply in all other situations 4. Within T4 -Restricted and 774-0pen different Building Function requirements apply 40 April 27, 2015 RZ16-11 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017, Work Session on January 16, 2017) 1/5/20171/4/2017 Page 1 Formatted: Centered 1.6 - DENSITY CALCULATIONS 1.6.1 Density shall be expressed in building units per acre as specified for each Transect Zone by Table 10 section a. 1.6.2 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density identified in Table 10 section a by the Gross Site Area. Where a site includes multiple Transect Zones, each shall be calculated independently. The area of new Th oroughfares and Civic Spaces on the site shall be allocated to the closest Transect Zone(s) on the site. Where a Thoroughfare or Civic Space adjoins multiple Transect Zones, their area shall be proportionally allocated to the adjoining zones. 1.6.3 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone within which it lies, provided that the maximum Density of the Transect Zone for the site as whole as established in Section 1.6.2 is not exceeded. 1.6.4 Building units shall be exchanged for Functions at the following rates as established in Table 8B: a. Residential: 1 dwelling unit for each building unit. b. Lodging: 2 guest rooms for each building unit. c. Office: 2,250 square feet for each building unit. d. Retail: 2,250 square feet for each building unit. e. Other: 2,250 square feet for each building unit. 1.6.5 Where the exchange of building units for Functions results in a fraction, the fraction shall be rounded down to the nearest whole number of dwelling units, guest rooms, or square feet as established in Section 1.6.4. 1.6.6 Accessory Units do not count toward Density calculations. 1.6.7 Civic Buildings do not count towards Density calculations. 1.6.8 Senior housing units do not count toward Densi ty calculations, but are subject to Density limitations established in Section 64-1834. 1.6.9 Contributing historic structures in a historic district or property do not count towards Density calculations. 1.6.10 The number of Building Units allowed on a site may be increased by two Building Units for every one parking space, but not to exceed the number of Building Units specified under Transfer of Development Rights (TDR) as specified for each zone in Table 10, that meets one of the following conditions: a. Is located within a Parking Structure having two or more above -ground stories, including the ground level. b. Is located within a Parking Structure having one or more below-ground stories. c. Is available for exclusive use by off-site Retail, Restaurant, Civic, or Office Functions within a straight-line radius of 600 horizontal feet from the parking space to the public entrance of the establishment. Parking spaces meeting two or more of the above conditions shall only be considered as meeting one condition for the purpose of the Building Unit bonus. 1.6.11 The Base Density of a site may be increased by the Transfer of Development Rights (TDR) up to the amount specified for each zone by Table 10 section a subject to the provisions of Section 1.7 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ16-11 AN ORDINANCE TO AMEND THE CRABAPPLE FORM BASED CODE AS IT RELATES TO BUILDING UNITS ALLOWED FOR PARKING STRUCTURES – ARTICLE XIX IN THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on January 30, 2017 6:00 p.m. as follows: SECTION 1. That the amendment of Article XIX as it relates to Building Units Allowed for Parking Structures of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 30th day of January, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk 92 - HOME pF'THE BEST QUALItt Of LIFE IN GEORGIA' MILTONv- ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 29, 2016 FROM: Steven Krokoff, City Manager 6) AGENDA ITEM: Consideration of U16-01/VC16-03-2785 Francis Road by Chrysalis Experimental Academy to Consider a Use Permit for a Private School (Section 64-1831) with a Maximum of 25 Students within the Existing Structure and a Concurrent Variance to Reduce the Undisturbed Buffer [64-1143(a)(3)(b)]. MEETING DATE: Monday, January 9, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4 -APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.yYES () NO CITY ATTORNEY REVIEW REQUIRED: VYES () NO APPROVAL BY CITY ATTORNEY. (.WPROVED (/ NOT APPROVED PLACED ON AGENDA FOR: or(avltm� REMARKS: ©y youl PHONE: 678.242.25001 FAX: 678.242.2499_ ' green :s •� > In(oftilyolmiltonga.us ww w.eNyofmilfonga.ua W. Wrg ve mun,l + F."m'411111111116 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 S� =•a*••o ••o+. �+a U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 1 of 19 1/5/2017 PETITION NUMBERS U16-01/VC16-03 ADDRESS 2785 Francis Road DISTRICT, LAND LOT 2/2, 680, 617 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) PROPOSED USE PERMITS Private School (Sec. 64-1831) ACRES 10.21 EXISTING USE Single Family Residence and Detached Garage PROPOSED USE Private School for a maximum of 25 students OWNER Neil Bates ADDRESS 20 Lambets Way Alpharetta, GA 30005 APPLICANT Chrysalis Experimental Academy, Roy Alexander ADDRESS 10 Mansell Court E Suite 500 Roswell, GA 30076 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – DECEMBER 28, 2016 U16-01 – APPROVAL CONDITIONAL VC16-03 – APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION- DECEMBER 28, 2016 U16-01 – WITHDRAWAL – 7-0 VC16-03 – WITHDRAWAL – 7-0 The applicant requested to withdraw based on the large amount of opposition from adjacent and nearby property owners. Use Permit for a Private School (Sec. 64-1831) with a maximum of 25 students within the existing structure at 2785 Francis Road and a Concurrent Variance (64-1143 (a)(3)(b.) U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 2 of 19 1/5/2017 U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 3 of 19 1/5/2017 LOCATION MAP U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 4 of 19 1/5/2017 EXISTING ZONING MAP U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 5 of 19 1/5/2017 2030 FUTURE LAND USE MAP U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 6 of 19 1/5/2017 Front entrance of site (western portion) Front of site (eastern portion) U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 7 of 19 1/5/2017 Entrance of Roxbury Estates (to the north) U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 8 of 19 1/5/2017 SITE PLAN SUBMITTED – OCTOBER 28, 2016 U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 9 of 19 1/5/2017 REVISED SITE PLAN SUBMITTED – DECEMBER 16, 2016 U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 10 of 19 1/5/2017 SURVEY U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 11 of 19 1/5/2017 SUBJECT SITE AND BACKGROUND: The subject site is zoned AG-1 (Agricultural) and developed with a single family residence and detached garage on 10.21 acres. The applicant is requesting to operate a private school with a maximum of 25 students, grades 5 through 12, utilizing the existing two story garage for five classrooms. There will be a total of six staff persons, and there will be no recreational fields proposed on the site. In addition, the headmaster will reside on the premises in the existing single family home as well as use it as administrative space for the school. The school proposes to operate between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. Lastly, the school will utilize individual on-site septic system to be approved by the Fulton County Health Department. SITE PLAN ANALYSIS Based on the applicant’s revised site plan to the Community Development Department on December 13, 2016, Staff offers the following considerations: Private School (Section 64-1831) Required Standard Meets the Standard (a) Required districts. All. Yes (b) Standards. 1. Minimum lot area shall be one acre. Yes If 2. If located within a form based code overlay, adjacent to a single- family dwelling district or AG-1 district used for single-family dwellings, the minimum landscape strips, buffers, and improvement setbacks required for the O-I district as specified in article III of this zoning ordinance shall be required. (Staff notes that Sec. 64-1143(a.)3, Rural Milton Overlay District requires a larger undisturbed buffer, and per the Zoning Ordinance shall supersede this requirement.) No, See VC16-03 discussed under the Rural Milton Overlay 3. Buildings, and refuse areas shall not be located within 100 feet of a residential district or AG-1 district used for single-family dwellings. Yes 4. Active outdoor recreation areas shall not be located within 100 feet of an adjoining residential district or use. Recreational fields, such as playing fields, that are accessory to the school do not require a separate use permit. Yes, There are none proposed for this site. 5. Day care facilities in association with the school do not require a separate use permit. Yes, Applicant is not requesting a day care facility. 6. Parking areas shall not be located within 50 feet of any residential district or AG-1 district used for single-family dwellings. Yes 7. Student dropoff and vehicular turnaround facilities shall be provided on the site so that vehicles may re-enter the public street in a forward manner. Yes 8. Permitted curb cut access shall not be from a local street. Yes U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 12 of 19 1/5/2017 9. In accordance with section 64-2131, submit a noise study report as required. (not required for this location) Not Applicable Discussion of Use Permit Standards The applicant meets the standards for the private school with the exception of the 75 foot undisturbed buffer and 10 foot improvement setback adjacent to the west property line where the parking lot encroaches. This issue will be discussed below in the Rural Milton Overlay requirements. Rural Milton Overlay District The proposed site plan meets the requirements of the Rural Milton Overlay District as required pursuant to Sec. 64-1143 except for the following requested concurrent variance. VC16-03 – 64-1143(a)(3)b. The applicant is requesting a concurrent variance to reduce the 75 foot undisturbed buffer and 10 foot improvement setback to allow the existing pavement to encroach into the buffer and improvement setback for approximately 160 feet adjacent to the west property line. The applicant’s original site plan indicated all 12 parking spaces within the buffer but after discussions with the Design Review Board, 11 spaces are now located outside the buffer but a portion of the pavement remains. The applicant is working with the City Arborist and Transportation Engineer to minimize the encroachment of the driveway and existing asphalt. Staff notes that the 75 foot undisturbed buffer, where sparsely vegetated will need to be planted as required by the City Arborist. Based on the fact that the encroachment has been minimized and there is approximately between 30 and 50 feet of vegetation along the west property line the concurrent variance meets the following considerations: (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance; (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant; (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and (4) That the public safety, health and welfare are secured, and that substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL of VC15-03. U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 13 of 19 1/5/2017 Staff notes that although the existing house along the east property line encroaches into the buffer and improvement setback, pursuant to Sec. 64- 237(h), when minimum landscape areas or zoning buffers for uses in existing structures do not meet the requirements herein, conditions of zoning shall apply. Therefore, Staff will include a condition in the Recommended Conditions to allow the existing house to encroach into the buffer and improvement setback. City Arborist The proposed use within the existing structures will not have any impact on the existing trees on the site with exception to the elimination of one specimen dogwood tree in order to align the driveway with Roxbury Estates. Fire Marshal Existing buildings will be required to meet the appropriate fire and accessibility codes for the proposed use. Transportation  Existing driveway has been adjusted to align with Roxbury Row per the site plan.  Average Daily Traffic volumes for 2016 on Francis Rd is 6472 vehicles per day.  Intersection sight distance looking both east and west is over 500 feet per the site plan.  Trip generation and distribution ITE Trip Generations Private School (K- 12) Daily AM In AM Out PM In PM Out 25 Students 62 12 8 2 2 Proposed distribution percentages are assumed to be 50% to/from east and 50% to/from west. The school may present actual attendance/carpool/driving information. There are assumed to be no students within walking distance to the school. The school is assumed to be dismissed prior to the roadway system PM peak hour. U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 14 of 19 1/5/2017 Francis Rd EB Roxbury Row Francis Rd WB PM 2 1 AM 3 2 3 1 1 3 328 194 352 238 1 6 6 1 4 4 1 1 Chrysalis  Turn lanes are not warranted based on City of Milton Code of Ordinances Chapter 48  Driveway lane configuration, throat length and channelization are shown on the site plan. Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed as required by the Zoning Ordinance. On the site, there are no wetlands, floodplain, steep slopes or archeological/historical sites. There is a small pond on the site. There is no endangered vegetation or wildlife on the site. The applicant has submitted the appropriate tree survey and shall comply with the City of Milton Tree Ordinance. Public Involvement Community Zoning Information Meeting On November 15, 2016 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were approximately 20 members of the community in attendance at the meeting. The following issues were brought up at the meeting:  Did not want a school in the middle of a residential area.  Concerned with increased traffic because of the school and difficulty getting out of Roxbury Subdivision on the north side of Francis Road. U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 15 of 19 1/5/2017  Concerned about the days and hours of operation. City of Milton Design Review Board Meeting Courtesy Review – December 6, 2016 The following comments were made at the meeting:  Some members not in support of the school next to a residential use.  The 75 foot buffer is there for a reason.  Work with Staff so that there is no reason for a variance.  The impact of the school should be minimal .  A school is a good use; can be a good neighbor.  Mitigate the issues that the community may have against it.  Center the driveway with Roxbury. Remove the parking in the buffer and replant. Public Participation Plan and Report The applicant held the Public Participation Meeting on December 20, 2016 at the school’s Roswell location. There were two citizens in attendance. They were concerned with increased traffic on Francis Road and that Francis Road should remain strictly residential. Lastly they were concerned for the future use and growth of the school. The applicant also had met with the Clearbrooke Subdivision on October 29, 2016 at the subdivision. There were nine residents of the subdivision in attendance and they indicated support of the school. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The proposed development is located in the Agricultural, Equestrian, Estate Residential (AEE) land use category on the City of Milton Comprehensive Plan Update 2016 Plan Map. The proposed use of a private school is categorized as a Community Facility. A Community Facility is compatible with the AG-1 (Agricultural) district within the plan. Therefore, it is the opinion of Staff that the proposed use is consistent with the current Comprehensive Land Use Plan. U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 16 of 19 1/5/2017 In addition, the site is located within the “Central Milton” character area. In the Plan, it states the following; “In addition, many of the roads provide scenic and linear green space corridors such as Birmingham Highway, Freemanville Road, Thompson Road and Hopewell Road. Most of these scenic corridors include rural home sites, horse farms, wetland crossings and access to country clubs, equestrian facilities and more open space.” It is Staff’s opinion that the proposed school, with the limited use and no additional structures on the 10.2 acre site is consistent with preserving the scenic corridor within the character area. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is located on the north side of Francis Road. To the north is Roxbury Subdivision zoned AG-1 (Agricultural). Further to the northeast and east are scattered single family residences on varying lot sizes zoned AG-1 (Agricultural) and Shadowood Farms Subdivision zoned AG-1 (Agricultural). To the south and west is Clearbrooke subdivision zoned AG- 1 (Agricultural). It is Staff’s opinion that the proposed private school is compatible with adjacent and nearby properties and consistent with land use plans adopted by the Mayor and City Council. Therefore, Staff recommends APPROVAL CONDITIONAL of U16-01. 2. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development if the concurrent variance is approved. 3. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: Based on the daily trips produced by the proposed use for 25 students, the effect on the traffic flow, vehicular and pedestrian, along adjoining streets should be mitigated with the recommended location of the entrance on the site. 4. The location and number of off-street parking spaces; The private school requires two parking spaces per classroom. There will be five classrooms which require a total of ten parking spaces. The site plan indicates 11 parking spaces which meet the required ten parking spaces. The location of the parking spaces are outside the required 50 foot setback per the Use Permit as well as outside of the 75 undisturbed buffer and 10 foot improvement setback. U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 17 of 19 1/5/2017 5. The amount and location of open space: The site is 10.2 acres in size. The applicant will not be constructing any more structures but utilizing the existing garage and house (for administrative offices). The proposed site provides adequate open space. In addition, except for one specimen dogwood tree at the entrance, no other trees will be impacted by the use. 6. Protective screening: The Rural Milton Overlay requires a larger buffer than the Use Permits for the private school. Therefore, a 75 foot undisturbed buffer and 10 foot improvement setback adjacent to all interior property lines are required. The applicant’s parking is located outside of this buffer and improvement setback but there is a portion of the entrance driveway that encroaches into the buffer. 7. Hours and manner of operation: School: Monday –Friday 8:00 am – 3:00 pm It is Staff’s opinion that the above mentioned hours of operation are reasonable for the proposed uses. 8. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Night Sky Ordinance. 9. Ingress and egress to the property. The location of the entrance is located across from Roxbury Estates Subdivision. The number of trips produced by the private school does not warrant a deceleration or left turn lane at this time. Based on the size of the school and assumption that there will be no students walking to school, a sidewalk is not required. CONCLUSION If approved with the Recommended Conditions, the proposed private school for 25 students is consistent with the City of Milton Comprehensive Land Use Plan Update 2016. Therefore, Staff recommends U16-01 be APPROVED CONDITIONAL. Additionally, Staff recommends VC16-03 be APPROVED CONDITIONAL. U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 18 of 19 1/5/2017 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for A Private School (Sec. 64-1831) 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) An existing 2,300 square foot two story garage (classrooms) and an existing 2,864 square foot single family residence (Residence and administrative office)(U16-01) b) A maximum of 25 students. b) The hours of operation shall be the following: Monday –Friday 8:00 am – 3:30 pm 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on December 16, 2016. 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. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To allow the existing driveway/parking area to encroach into the 75 foot undisturbed buffer and 10 foot improvement setback along the west property line as shown on the revised site plan received by the City of Milton on December 16, 2016. (VC16-03) b) To allow the existing single family residence to encroach into the 75 foot undisturbed buffer and 10 foot improvement setback along the east property line as shown on the revised site plan received by the City of Milton on December 16, 2016. U16-01/VC16-03 - Prepared for the City of Milton Mayor and City Council Meeting on January 30, 2017 (First Presentation on January 9, 2017). Page 19 of 19 1/5/2017 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. Driveway(s) shall provide a minimum uninterrupted ingress/egress distance of 50 feet measured from the right-of- way line to the nearest edge of drive or parking space ii. Driveway(s) site distance shall be certified by professional engineer b) Dedicate at no cost to the City of Milton prior to the approval of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights-of-way: i. Provide at least 45 feet of right-of-way from the centerline of Francis Road along the entire property frontage 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. 2 | Traffic Count Data Page is too large to OCR. LEGEND: 8c =hack of ouch [&G =cwbandgurter 01 =catch basin Co =check dam CL = centerkne LMF= wncrete menumern Found LMP = corrugated metal Pipe CO clean out Cr =comp top Ptn 01 =drop "elOWCB ? ... l = dial, vdng catch resin EV =edge of pavement FC =face of orb FE5 =Rained end 5ecHon FH = fire hydrant CA= gme inlet GLV =guy We Gp =guy pole HW • head wall IPF = ironpin Sound IPS • imn pin set fB =Junctlun box IHV = Invem L- Lk = land lot line LP = light We MH = manhole lsanitary sewer) OT =open tap pipe PL =property 5n2 pp =power pole Ra = re,10orcing bar RCP = MWorrxd ""rete pipe BIW =right -o -way TSP = traffic signaE pole, TSa = traffic signal box TP • telephone pole Tsp =irok signal pole SYICBOL 1EGEND: =existing tanerete • existing asphalt = existing grave{7riprap = lire hydrant =guv dfe . light pde =power pole = sanitary sewer manhole - =clean out l� �iransldrmer Q • water meter Ca = single wing catch basin N =grate Inlet 0 • junction box d =head wail Existing Driveway to be Reconfigured FLOOD HAZARD NOTE: No portion of this property is contained within the limits of a Special Flood Hazard Zone as defined by the federal Emergency Management Agency Flood insurance Rate Map No. 131ZI00019F of Fulton County, GA. (C€ty of Milton Community Panel No.130673 0019 F), most recently revised September 18, 2013. 10 PO SH01NN =ROPA FULION COUNTY G15 ^ This drawing is the properly of Eny ir—insa703, L.L.C. and is not to be mpoduood a oopiad in whole or in part or used far ktAi$hing COPYRIGHT V 8018 I*rrnegoa to othew, or for any other purpcae dabknantal to the Werest W Englneering303. L.L.C. and Is io be retumed upon requasi. PARCEL INFORMATION: Parcel ld No.: 22 506005200270 2785 Francis Road Milton, GA PARCEL ZONED AG -1 Development Standards Maximum Building Height: 40 feet Minimum front yard: 60 feet Minimum side yard: Adjacent to interior, line: 25 feet Adjacent to street: 40 feet Minimum rear yard: 50 feet. Minimum lot area: One acre if frontage on paved road. Minimum lot width: 100feet. Minimum lot frontage shall be 35 feet adjoining a street. Minimum heated floor area: No minimum ENVIRONMENTAt NOTES 1. NWI Map consulted Online For location of Jurisdictiona€ Wetland areas and jurisdictional waters on October 24, 2016, Map did not indicate wetlands in the areas of improvements. There is a small pond indicated near the 5W corner of site. 2. No attempt was made by this firm to determine presence of wetlands in the field 3. No attempt was made by this firm to determine the presence of specimen trees, except as indicated on the northem portion of the property. 4. Trees Identified as Hardwood, Softwood, or UInd erstory species only. Trees were measured for size, but no viability information available at this time. No arborist or forester consulted. 5. Tree size indicated is DBH (diameter breast height) in inches. 6. Certif"tion applies to the locations of trees, but does not extend to the identification of species. 7. Sufveyor is not aware of historically significant or archeologically significant areas within the area of the improvements shown. op -0- _-- LOCATION MAP 1 nel Vlosca 16wool vc, 16-0 3 � RECEIVED i -;a x& -��--� OCT 2 S RECO O } -�» a _ USE INFORMATIO ; I 0 of !!!liter Oor-%StRe{.11 _-� Current Use.' Residential C::, r lupine t 6� R rr °tp Residential and Accesory Uses Gam 1 44" Hit Wboi� � I �v3rWs-AOMPH _n 4'icfe"rc�r— P phi _ l Proposed Use: �.._; 8113 , Dwelling to continue as residentlaI use Accessory building to be used as a srhool, r y� yApd esttuR j Use Permit Requested: 5 Classroom School I Retrofit existing bui€dine 1 _ I 42"\, 1 UTILITY INFORMATION Hardwood() ' l _ + Water Service: Public Sewage: Septic System m Site has Electric and Gas Service ! 1 1 1 ❑Gazabvh'�ell r �. i I i PROPOSED IMPROVEMENTS COMPRISE LESS I ,�_ � - •� Hardwo8d `f" •' ! , l j THAN 5,0005E OF NEW IMPERVIOUS ARfJ+. appox LLL ----- 4 F• C-rF U ! i �xrei 10 wMe stone wag I ' tTYp.i � i ? ... l m `h: a µ t{ 61" a ' g ITgS l LL 617 `' 42 - ,Hardwood - __�__�___— NT � LL sl rn„ottiysvrfdereE<8 -.. 686 ; Roxanne B. Swiderek M 1G" - 14699 Timber Point z 29.q 1 Parcel 22 506006800957 liarowoo ZONED AG -1 111:- { . Area area I l'r1 ` 'rte a•sTDRy 3Car Garage -1150SF ! 34 �7 '3 l . I� I f t � � � ��55J i NNlh co IpEPL'l.lEffE1 ] 1 Robin L O'aW�y & P 5TIC5YMM- t2O.n ...... 4 •.1 •. [ER CL3EHTj.'I L COL Bill M. OWft d1 14695 Thber Punt r ; Dog Kennel Parcel: 22 506000494f1 r I t PROPOSED rC0i ZONED AG -1 I \ 5 CLASSROOM t ;^ I 3 l EDUCATIONAL Q Lu i Ell 4l 0 r r 1 It I H' . r'ri. i i �HardwCod i ' I tIr` l NiF 1 Roben'J, Haefinq 8 Sandra Wasauich 14691 Timber PohTt - i � Shed 1% Parcel: 22 50cAM800932 ! s 20NED AG•1 40 FLOOD HAZARD NOTE: No portion of this property is contained within the limits of a Special Flood Hazard Zone as defined by the federal Emergency Management Agency Flood insurance Rate Map No. 131ZI00019F of Fulton County, GA. (C€ty of Milton Community Panel No.130673 0019 F), most recently revised September 18, 2013. 10 PO SH01NN =ROPA FULION COUNTY G15 ^ This drawing is the properly of Eny ir—insa703, L.L.C. and is not to be mpoduood a oopiad in whole or in part or used far ktAi$hing COPYRIGHT V 8018 I*rrnegoa to othew, or for any other purpcae dabknantal to the Werest W Englneering303. L.L.C. and Is io be retumed upon requasi. PARCEL INFORMATION: Parcel ld No.: 22 506005200270 2785 Francis Road Milton, GA PARCEL ZONED AG -1 Development Standards Maximum Building Height: 40 feet Minimum front yard: 60 feet Minimum side yard: Adjacent to interior, line: 25 feet Adjacent to street: 40 feet Minimum rear yard: 50 feet. Minimum lot area: One acre if frontage on paved road. Minimum lot width: 100feet. Minimum lot frontage shall be 35 feet adjoining a street. Minimum heated floor area: No minimum ENVIRONMENTAt NOTES 1. NWI Map consulted Online For location of Jurisdictiona€ Wetland areas and jurisdictional waters on October 24, 2016, Map did not indicate wetlands in the areas of improvements. There is a small pond indicated near the 5W corner of site. 2. No attempt was made by this firm to determine presence of wetlands in the field 3. No attempt was made by this firm to determine the presence of specimen trees, except as indicated on the northem portion of the property. 4. Trees Identified as Hardwood, Softwood, or UInd erstory species only. Trees were measured for size, but no viability information available at this time. No arborist or forester consulted. 5. Tree size indicated is DBH (diameter breast height) in inches. 6. Certif"tion applies to the locations of trees, but does not extend to the identification of species. 7. Sufveyor is not aware of historically significant or archeologically significant areas within the area of the improvements shown. op -0- _-- LOCATION MAP 1 nel Vlosca 16wool vc, 16-0 3 � RECEIVED i -;a x& -��--� OCT 2 S RECO O } -�» a _ USE INFORMATIO ; I 0 of !!!liter Oor-%StRe{.11 _-� Current Use.' Residential C::, r lupine t 6� R rr °tp Residential and Accesory Uses Gam 1 44" Hit Wboi� � I �v3rWs-AOMPH _n 4'icfe"rc�r— P phi _ l Proposed Use: �.._; 8113 , Dwelling to continue as residentlaI use Accessory building to be used as a srhool, r y� yApd esttuR j Use Permit Requested: 5 Classroom School I Retrofit existing bui€dine 1 _ I 42"\, 1 UTILITY INFORMATION Hardwood() ' l _ + Water Service: Public Sewage: Septic System m Site has Electric and Gas Service ! 1 1 1 ❑Gazabvh'�ell r �. i I i PROPOSED IMPROVEMENTS COMPRISE LESS I ,�_ � - •� Hardwo8d `f" •' ! , l j THAN 5,0005E OF NEW IMPERVIOUS ARfJ+. appox LLL ----- 01 30' 60' 60' 90' SCALE: t"=3(y (22"x34" Prints} 1"=60' {ll' li7" Prints) SURVEY NOTES: 1. Certain interior Improvements may not be shown hereon. ti.e. fence lines, guy wires, etc.} 2. Matters of record not shown hereon are excepted. 3. Rearing based on reference 2. Record line as shown. 4. Measurements shown are US Survey Feet (ground). S. Field angles and linear distances measured using a Leica IS 12P Robotic Total Station. 6. See sheet 2 of 2 for a copy of the record boundary 7, improvements shown were field located on October 3, 2016. 8. These drawings are prepared to accompany a Special Use Permit application and are not to be used for recording or to convey title. NiF John .1.1 odor y Frands Road Parcel: 22 5t3f>08&800528 ZONED AG -1 NtF Momingstart Luxury Homes. LLC 2793 Frands Road Parcel• 22 506MO1013 ZONED AG -1 PROPOSED NEW SITE FOR: CIs,br,,,%,wi,,,tia, a.lIs acaelerrty OF Use Permit Exhibit n 'leering 4 1 Civil Engineering, Land Surveying, 2785 Francis Road - Parcel 22 505006800270 Sly a.: F•a Stream and Wetland Restoration Chrysalis Experiential AcademyI E, $ 118 Norah Main Street, Suite B, CurhnriN, Ga. 30040 my of Mlhon Strea. iT' h3,pn PhOW 770-W-0500 741N4.BngIn6BI111 3.GOD1 1L 8178aa� Dlahl ct 2, Sepiorl2 "LToN co., GA. HestOratit ml I I ! i �xrei 10 wMe stone wag I ' tTYp.i � {i{ '; i ? ... l m I t{ 61" a ' g ITgS l `' - ,Hardwood 1 z slut Era"ie 1 j I 1 1 111 sl P k° se 1 TO 9 �- --- 1 50-0 - 1G" - } ��USE }NUE I 29.q 1 I + liarowoo e n { . Area area I l'r1 ` Goigerc'[I�Walk a•sTDRy 3Car Garage -1150SF ! 34 1 I i I APP1[LOC• I l . I� I 1 IrtyP•1 r i iAPPx ,+ ' JAG. .. .. lExrERI0R1 l Kardwoud $EpT%Csy1TEM 1 i ��55J i .. IpEPL'l.lEffE1 ] 1 1=, ¢ l ._7......_ P 5TIC5YMM- t2O.n ...... 4 •.1 •. [ER CL3EHTj.'I 1 1 r ; Dog Kennel w r I t PROPOSED I \ 5 CLASSROOM t ;^ I 3 l EDUCATIONAL I Ell 4l 38' a, 38" r r 1 It I H' . r'ri. i i �HardwCod i ' I l 1 I i � Shed 1% I ! s 1 l � I i I 4 1 € i 1 i I l TRACT ARES- _ I ' 1 10.2141 ACRES.. Due to shape of I l I ; property, see l sheet 2 for i HouAdary and Description) I ' I I i l I I I I 1 1 01 30' 60' 60' 90' SCALE: t"=3(y (22"x34" Prints} 1"=60' {ll' li7" Prints) SURVEY NOTES: 1. Certain interior Improvements may not be shown hereon. ti.e. fence lines, guy wires, etc.} 2. Matters of record not shown hereon are excepted. 3. Rearing based on reference 2. Record line as shown. 4. Measurements shown are US Survey Feet (ground). S. Field angles and linear distances measured using a Leica IS 12P Robotic Total Station. 6. See sheet 2 of 2 for a copy of the record boundary 7, improvements shown were field located on October 3, 2016. 8. These drawings are prepared to accompany a Special Use Permit application and are not to be used for recording or to convey title. NiF John .1.1 odor y Frands Road Parcel: 22 5t3f>08&800528 ZONED AG -1 NtF Momingstart Luxury Homes. LLC 2793 Frands Road Parcel• 22 506MO1013 ZONED AG -1 PROPOSED NEW SITE FOR: CIs,br,,,%,wi,,,tia, a.lIs acaelerrty OF Use Permit Exhibit n 'leering 4 1 Civil Engineering, Land Surveying, 2785 Francis Road - Parcel 22 505006800270 Sly a.: F•a Stream and Wetland Restoration Chrysalis Experiential AcademyI E, $ 118 Norah Main Street, Suite B, CurhnriN, Ga. 30040 my of Mlhon Strea. iT' h3,pn PhOW 770-W-0500 741N4.BngIn6BI111 3.GOD1 1L 8178aa� Dlahl ct 2, Sepiorl2 "LToN co., GA. HestOratit Applicant: Roy Alexander PUBLIC PARTICIPATION PLAN REPORT FORM E RECEIVED Petition No. CITY OF MIL' COMMUNITY DEVELOPMENT 1. The following parties were notified of the requested rezoning/use permit: RM 3• 11 Residents of Ciearbrooke for October 29th meeting Developer next to property, owner of 10 acres adjacent to property, HDA Pres. of Roxbury 136 Residents located 114 mile from boundary of 2785 Francis Rd (December 20th meeting) The following meetings were held regarding this petition: (Include the date, time and meeting location) October 29, 2016, 6:00pm, 14627 Timber Point, Milton, GA 30004 (Clearbrooke Subdivision) December 15, 2016, 2785 Francis Rd., Milton, GA 30004 2Pal December 20, 2016, 10 Mansell Ct E Ste 500, Roswell, GA 30076 fv RW The following issues and concerns were expressed: Increased traffic on Francis Rd. (Francis Rd being used more by residents of Forsyth Co. Francis Rd, in Fulton Co., should remain strictly residential Concern for future use and growth of school The applicant's response to issues and concerns was as follows: School currently has approximately 20 vehicles entering/leaving property twice per day. Francis Rd. is a main road, the Use Permit is under AG1, and a private school for learning differences is needed in the City of Milton. Growth will remain low due to nature of school. b. Applicants are required to attach copies of sign -in sheets from meetings as well as meeting announcements, i.e., notices, flyers, letters, and any other documentation which supports the opportunity for public input. Attach additional sheets as needed. RECEIVED CITY OF MILTON COMMUNITY DEVELOPMENT City of Milton Community Development -- 13000 Deerfield Parkway, suite 147F — Milton, GA 30004 — 678-242-2504 Rezoning Application Page 15 December 15, 2016 r alis e.vperieratial aradetiq Public Information Meeting Request For Private School Use Permit For AG -1 Zoned Property Property Location: 2785 Francis Rd. Milton GA 30004 Meeting Date: Tuesday, December 20, 2016 Time: 6:00pm Location: Chrysalis Experiential Academy 10 Mansell Ct E Ste 500 Roswell, GA 30076 Dr. Roy Alexander, Head of School at Chrysalis Experiential Academy, 10 Mansell Ct. E Ste 500 Roswell, GA 30076, respectfully invites all interested parties to a public information meeting regarding the applicant's request for a Use Permit submitted to the City of Milton. The applicant requests the granting of a Use Permit to allow a private school for 25 students to be located at 2785 Francis Rd Milton GA 30004 (hereto referred to as "the property"), which is currently zoned AG -1. It is the intent of the applicant to utilize the existing facilities for the school, with no additional structures or modifications to the land (unless required by the City of Milton or Fulton County). Please join us for a question and answer session regarding the requested Special Use Permit. With kind regards, Dr. Roy Alexander Roy. alexander@a chrysalis-academy.org Cell 404-513-9914 Main 770-649-7077 Fax 675-942-1056 10 Mansell Ct East Suite 500 Roswell GA 30076 W21120 16 image i JPCj -, HUIC INFORMATION MEETING Lamm ACADEMY 10 ffitIl tl E SIE 500 ROSWELL 30076 4. IAU . WESM 12- 20 6 PM M ROY OR ,w MU 404-513-9914 Ac d i r. i''�-■■� �?.- .fir F•Se ,-�� N� •� As ani ' "i ft, �.,s r 'y►. Yet' . htlps:llmail.google.oomlmaillulDi7zx=bopvohf7jj59#inhox115917eOl67f] hce2?projector=l I I l CtfrY-all's ricotial academy Public Information Meeting Request For Private School Use Permit For AG -1 .Zoned Property Property Location: 2755 Francis Rd. Milton GA 30004 Meeting Date: Tuesday, December 20, 2016 Time: 6:00pm Location: Chrysalis Experiential Academy 14 Mansell Ct E Ste 500 Roswell, GA 30076 SIGHT IN SHEET ]) NAME kn � • � J ee Ff C, ADDRESS R � -? 0 $ CZ s PHONE/EMAIL 770 2) NAME '50-4S� ADDRESS4 PHDNEIEMAILL - R 2/— 3) NAME ADDRESS PHQNEIEMAIL 4) NAME ADDRESS PHONE/EMAIL 5) NAME ADDRESS PHGNEIEMAIL Main 770-649-7677 Fax 578-942-1056 10 Mansell Ct East Suite 500 Roswell GA 30076 October 20, 2016 li C�Sa s r• c.\;periential academy Public Information Meeting Request For Private School Use Permit For AG -1 Zoned Property Property Location: 2785 Francis Rd. Milton GA 30004 Meeting Date: Saturday, October 29, 2016 Time: 6:00pm Location: Clearbrooke Subdivision At The Home Of: Ken and Stacy Sullender 14627 Timber Point Rd. Milton GA 30004 Dr. Roy Alexander, Head of School at Chrysalis Experiential Academy, 10 Mansell Ct. E Ste 500 Roswell, GA 30076, respectfully invites all interested parties to a public information meeting regarding the applicant's request for a Use Permit submitted to the City of Milton. The applicant requests the granting of a Use Permit to allow a private school for 25 students to be located at 2785 Francis Rd Milton GA 30004 (hereto referred to as "the property"'), which is currently zoned AGA. It is the intent of the applicant to utilize the existing facilities for the school, with no additional structures or modifications to the land (unless required by the City of Milton or Fulton County). Please join us for a question and answer session regarding the requested Special Use Permit. With kind regards, Dr. Roy Alexander Roy.alexander@chrysalis-academy.org Cell 404-513-9914 Main 770-649-7077 Fox 678-942-1056 10 Mansell Ct East Suite 500 Roswell GA 30076 Meeting With Clearbrooke Residents October 29, 2916 Kenneth & Stacy Sullender 954-494-8997 14627 Timber Point Milton GA 39094 Anthony & Attie Marie Sullivan 14623 Timber Point Milton GA 39094 Pati Sachidananda & Acharya Sthitaprajna 14615 Timber Point Milton GA 30094 Mehmedbasic Bemir 14648 Timber Point Milton GA 30004 James & Lisa Martin 14620 Timber Pt Milton GA 30004 Kim Jin & Kimberly Ho 14636 Timber Pt Milton GA 39094 Len & Michelle Lamkin 14631 Timber Pt Milton GA 30004 Michael Sofia 14639 Timber Pt Milton GA 39004 Sanjay Sadalge 14608 Timber Pt Milton GA 30004 .L,�.� I* 12,+2f ,201(+ Chrysalis Experiential Acadentv Mail - Francis road' From: cjrittmueller aQgmail.corrl Date: December 19, 2016 at 7:20:13 PM EST To: Roy.alexander@chrysaIIs-academy.org Subject: Francis road? [Quoted text hidden] cjrittmueller@gmaii.com <cjrittmuellera@gmail.com> To: Roy Alexander <roy.alexander@chrysalis-academy.org> Good Morning Roy, 1�D�lG 1'1%A-3 ,4-- Tue, Dec 20, 2016 at 9:36 AM Thank you kindly for the wealth of information. I'm currently processing my son's registration into living science program on Fridays, it's in Woodstock. I have to do some elf duties for my 4 children and won't be able to attend the meeting, however after you settle in, I very much welcome the opportunity to visit! My children take piano, my other 2 use to take guitar and violin, which I loved their teacher. My husband plays the drums, so music definitely is a wonderful enhancement! I wish the best success for you and your school! And yes, just because a school is Christian, doesn`t mean the people are Christian. Thank you again for your time and information. Merry Christmas, Carolyn Sent from my Phone [Quoted text hidden] https:llmail.googie.comlmailluldl?ui=2&ik--035bb6486L,&view=pt&search=i nbox&th=1591999a_3e5c8I St&sim1=159I999a_3e-5c818f&sim1=159 I9dd5fe8f7d2O&siml... 212 17J2012016 • �iis ter,, M.: Chrysalis 5xperiential.Academy Mail - Francis road? Francis road? 4 messages cirittmueller@gmail.com <cjrittmuelier@gmail. cam> To: Roy.alexander@chrysalis-academy.org Roy Alexander <roy.alexandera@chrysalis-academy.org> _ 1 Mon, Dec 19, 2016 at 7:20 PM Good Evening, I'm right around the corner from where you would build. t looked on the website. Would the middle and high school be in this building or just one? 1s this a religious school? And are any of the class periods art or music electives, or is that what students leave school early to pursue on there own? My husband is a home builder and I home schooled my older children and am currently homeschooling my younger ones - My questions are of self interest into my future homeschooling choices, along with my husband's curiosity. Thank you for your time, Carolyn Rittmuelier Sent from my iPhone Roy Alexander <roy.alexander@chrysalis-academy.orga Mon, Dec 19, 2016 at 8:34 PM To: cjrittmueller@gmail.com HI Carolyn, Thank you for your inquiry! Both MS and US students would be on the Francis Rd campus. Our school is very small, specializing in small classes that are, basically, tutoring and individual learning plans. Perfect for homeschooled students - Only a few of our students leave for the afternoon to attend specialized academies. Most of them are there Mon -Fri, 8- 3pm. The Arts have always been a highlight for us- I'm planning on adding music next year. Our Science teacher has his Masters in Physics from Ga Tech, and his specialty is hands-on learning (we'll create a garden, build a solar car, lots of outside and lab experimentsllabs). Spanish is lots of experientiallconversational.Lots of project -based learning, quite frankly, in all our classes. This is why I'm so excited for the Francis Rd property. We will have 10 acres of land for the kids to explore and use! If you can't come tomorrow night just call me (that's my cell phone). You can visit the school at any time. By the way, we are not a 'religious' school in name (we welcome all students), but my theological studies were at Asbury Seminary (Methodist). We are huge into teaching high standards for morals and values! Hope this helps:) Roy Sent from my iPhone {Quoted text hidden] ............_..... - - Roy Alexander <roy.alexander@chrysalis-academy.org> Mon, Dec 19, 2016 at 8:35 PM To: Brandon Alexander - son<brandon.alexander@chrysalis-academy.org> Sent from my iPhone Begin forwarded message: https:llinail.google.conVmMiulDi?ui=2&ik--035bb6486c&view=pt&search=inbox&th=159["9a3e5c818f&siml=1591999&.3e5c8i8f&siml=15919dd6feSf7d2iD&siml-.. 1/2 12/20/2016 Chrysalis Experiential Academy Malt - Chrysalis Experiential Academy - Site Plan and Letter of latent r:,3.1 Roy Alexander Croy.alexander@chrysalls-academy.org> ir,ist a� Chrysalis Experiential Academy - Site Plan and Letter of Intent 1 message .. _...........................--.......... . _..... ....................................... Roy Alexander <roy.alexander@chrysalis-academy.org> Mon, Oct 31, 2016 at 2:45 PM To: "Michael Dewberry (MDEWB427@Yahoo.Com)" <MDEWB427@yahoo-comms Cc, "Alexander, Roy" <roy.alexander@chrysalis-academy.org> Good afternoon, Michael It was a pleasure meeting you this afternoon. I appreciate you stopping in to visit our school and learn a little more about Chrysalis and our desire to become your neighbor. I am attaching several documents for you to share with your neighbors (Site Plan, Survey, Topography, and Letter of Intent to the City of Milton). As I shared in my response to Peter's email, my wife, Shari, and me are personally buying the property, and will be making the current residence our permanent home. We feel this property is one of the most beautiful pieces of land we could find, and it is our intent to keep its natural beauty and peacefulness intact. Just let me know if you would like Shari and me to come share our plans with Roxbury Row's residents. With kind regards, Roy ffd r Dr. Ray Alexander Head of School Chrysalis Experiential Academy Cell 404-51.3-9914 2 attachments 16-4162 Submittal REV.pdf 4972K Letter of Intent - Special Use Permit 2785 Francis Rd Milton GA 30004.docx 142K ]Sups://mad geogle.cam/maillu/0l?ui=2&ik=035bb6486c&.view=pt&q-francis%20rd&qs=true&search=query&tb=1581OM748f_i3 b7&siml=1.581OM74853b7 l!I 12/20/2016 cl-b•Sa .is Chrysalis Experiential Academy Mail - Roy Alexander- 2787 Francis Rd Special Use Application Roy Alexander <roy.alexander@chrysalis-academy.org> Roy Alexander - 2785 Francis Rd Special Use Application 1 message _................. -.............. Roy Alexander <roy.alexander@a chrysalis-academy.orga Mon, Oct 31, 2016 at 5:25 PM To: larryliebross@netzero-net Cc: "Alexander, Roy" <roy.alexander@7a chrysalis-academy.org> �R_� Good afternoon, Larry. 0.6 &&-r-Ty Byway of introduction, I am Dr. Roy Alexander, head of School at Chrysalis Experiential Academy in Roswell. GA. 1 had the pleasure of meeting Gianna Whisler-Amnetag at your Francis Fid. Open House yesterday. I do not know if Gianna had a chance to share with you the reason for my visit, but I wanted to introduce myself and share with you what my wife, Shari, and me would like to do with the {property next door to your new home, at 2785 Francis Rd. Let me first say that we are extremely sensitive to your needs as a developer who just built a gorgeous $1.2M home to sell to an upscale family, and want to protect your investment. As I shared above, I am the Head of School at Chrysalis Experiential Academy in Roswell. We serve 25 students in grades 6-12 who need highly individualized academic programs to understand how they learn best. Our students are excellent students, well-mannered and behaved, and academically above average with learning differences. Most of our students just don't perform well in large classes or schools, but excel when provided individualized instruction. We are SACSISAIS accredited, strictly a college preparatory school. and all of our students matriculate to college. We are currently leasing space in a commercial facility in Roswell (for the past 9 years), and have been searching for property for my wife and me to buy, live on, and have space for our students in a separate building. The Francis Rd property is perfect for our goals. With this brief introduction to our school, it is imperative I share with you our desire to keep the property as it is in its natural beauty and state. We would live in the current home, and have classes in the 2 - story garage structure. We want to be open and transparent with our intentions, with the hope that all of our neighbors would be {Teased to have us as a vital part of the community. The Site Plans submitted to the City of Milton call for no changes to the property, but would require a variance because the current house sits inside the 75" buffer zone. This, in a quick nutshell, is what we would like to do (obviously, with the blessings of the community). I am attaching the Site Plan, Survey, and Letter of Intent so you can have a better understanding of our intentions. I would welcome the opportunity to meet with you to share our plans and answer any questions or concerns you may have (I've already met with several neighbors to share our plans, and hopefully, put their minds at ease). I will make myself available by phone or in person at your convenience. With kind regards, Roy Chrysalis Experiential Academy Cell 404-513-9914 2 attachments 16-4162 Submittal REV.pdf https:llmail.gpogle_cnmlmaillu101?ui=2&ik=035bb6486c&view=pt&.q=irancis%20rd&gs=true&search=query&th=1581ca1 cdabW65&sim1=158Ica 1 cdabM65 I12 12120/2016 Chrysalis Experiential Academy Mail - Zoning & Variance - Francis Road. Milton. GA Roy Alexander <roy.alexander@chrysalis-academy.org> Zoning &. Variance - Francis Road, Milton, GA 5 messages Peter Battisti <PBattisti@chemence.com> Sat, Oct 29, 2016 at 10:40 AM To: "roy.alexander@chrysalis-academy.org" Croy.alexander@chrysalis-academy.org> Cc: "Michael Dewberry (MDEWB427@Yahoo, Corn)" <MDEWB427@yahoo.com> �Z2'D �.W•hf__ 101 11e - Dear Dr. Alexander, �o6� 607- �� N��� 5i� I am a resident of the property directly across from your proposed school (Roxbury Row). Michael Dewberry is the HCA President and is copied in this communication. I live in the end unit and I am one of the closet to your planned development. Superficially I do not have a problem with your proposed use but I am interested in why you need to reduce the buffer, and in what direction? Are there plans and descriptions you can share with us ... prior to the November 15tt zoning meeting? We would rather support your efforts than show up with pitch forks and torches as a result of aur collective ignorance. I suspect the buiIders/deveiopers surrounding your lot will have the greatest interest and most to lase or gain. We look forward to hearing for you. Regards, Peter Battisti M: 678-429-0681 From: Peter Battisti Sent: Saturday, October 29, 2015 10:27 AM To: 'Aaron Todd' catoddtribe@aol.com>; 'mdewb427a@7yahoo.corn' <mdewb427a@yahoo.corn>; 'hmfareed@yahoo.com' <hmfareed @yahoo.corn>;'bighoward@sbcgIobal. net' <bighoward[7a sbcgIoba1.net>; 'johnangelaspears@bel lsouth.net' rjohnangelaspears[3a belIsouth. ne5; 'mtwlor@yahoo.corn' <mtwlor@yahoo. corn>;'toddjoyd@aol.com' <toddjoyd@aol.com>;'armoldl@bellsouth.net' carrnoldt beiisouth.net>;'juankatiesalas@gmail.com' <juankatiesalas@gmail.com>;'ytaylor42@yahoo.corn <ytaylor02@yahoo.com>;'tndaley@yahoo.com' <tndaleya@yahoo,coM>; Helena Battisti <heienabattisti@a msn.com> Subject: Annual Meeting haps:Nmaii.google.eomlmaillu1017ui=2&ik=035bb6486c&view=pt&q=Francis%20rd&gs=true&search-query&th= i 58l Oe2e4d757d46&siml= 158 i Oe2e4d757d46&si... 115 2/2012016 C hrysalis F..xperiential Academy Maii - Zoning & Variance - Francis Road. Milton, GA Perhaps we have a reason to meet after all? The xoning_rev iew dates are - 1: CZIM: Tuesday Nov 15th @ 7 PM to school use — also to reduce the buffer] 2: DRB: Tuesday Dec 6th @ 6 PM 3: Planning Committee: Wednesday Dec 28th @ 7 PM 4: Mayor/City Council: January 30th, 2017 {This appears to be the change in zoning from agriculture (Design Review Board??) (Planning Committee — Review) (Mayor/Miiton CityCounciI— Approvals) In reading about the school (they have one in Roswell) it does not appear to be particularly disturbing and appear to operate to their web site descriptions. 5:1 to 7:1 student to teacher ratios. 49 students. In Roswell they are in a commercial building on Mansell Road. It may well be better use for this property than other more dense housing use. The people most concerned and impacted by this will be the developers building around this school as they are high- end houses. They will have their lawyers on speed dial for sure. Even with 10 acers (and only 25 students) the school is requesting a variance to reduce the buffer (why...,.a 1/3rd of an acre per student isn't exactly packing them in?) and this more likely impacts the property on the sides and rear of the lot (the builder sites), The school is hardly asking to be evert closer to the main Francis Road as the property naw sits. I will write to the Director and ask him for the plan and plan outlines. Peter httpJ1www.privateschoolreview.com/chrysalis-experiential-academy-profile http://private-schools.startclass.com/l/l4l643/Chrysalis-Experiential-academy (Roswell School—Overview) https://www.google.com/mapsluv?hl=en&pb=!l sOx88f574cOd999f879:Ox2bb5O23dd83f3482!2m 13!2m2! 1 i80!2i80!3m1 !2i2O! 16m7! 1 b 1 !2m2! 1 m 1! 1 e1 !2m2! 1 m 1! 1 e3l3m 1 !lel l 514shttps:1lpicasaweb. hapsArnail.google­TV mal llul0/?ui=2&ik=035hh6486c&view= pt&g4rancis%2Ord &qs=true&search=query&th=I5810e2e4d757d46&simk=15830e2e4d757d46&si... 215 12120/2016 Chtysalis Experii in ial Academy Mail - Zoning & Variance - Francis Road, Milton. GA google.com/lh/sredir?uname%3Dl 1 3343037121780489249%26id%3D6285655986254571602% 26target%3DPHOTO!5schrysalis+experiential+academy+-+Google+Search&imagekey=! 1 e3!2s- iKGDwP_9LgglVzsipREC6FIfAAAAAAAAj1412ljCBpLZYLEzBXJRSgkZ6hcb-M7zYMfOQCLIB&sa=X&ved= OahUKEwiY7siSIYDQAhUKRiYKHdMdA9EQoioicjAK (Current Location in Roswell) http://www.chrysalis-academy,org/-history.htmi 10 Mansell Ct E #590 10 Mansell Ct E #500, Roswell, GA 30076 Email: ray.alexander@chrysalis-academy.vrcg EL: 404-513-9914 FAX: 678-942-1056 Doctor Roy Alexander — Director School Variance_JPG 1535K Roy Alexander Croy.aiexander@chrysalis-academy.org> Sat, Oct 29, 2018 at 1:15 PM To: Peter Battisti <PBattisti@chemence.com> https://mail.google.comlmaillu101?ui=2&ik=035bb6486c&view-pt&q=franeis%20rd&qs=true&search=query&th=15810e2eU757d46&sim1=15810e2e4d757d46&si . 315 12/2012016 Chrysalis Experiential Academy Mail - Loniug & Variance - Francis Road, Milton. GA Cc: "Michael Dewberry (MDEVVB427@Yahoo.Com)" <MDEWB4279yahoo.com> Good afternoon, Peter_ Thank you for reaching out to me regarding our proposed use of the Francis Rd property. I would love to meet with the residents of Roxbury Row, or even individually, at any time. It would be wonderful if my wife, Shari, and myself could share our plans at one of your HOA meetings, if that would be acceptable. I am also arranging two pre -planned meetings at our current leased facility (on Mansell Ct in Roswell) in late November in order to share our plans for the property with all community members. 1 will share those dates as soon as they're firmed up. First, let me say that Shari and me are purchasing the property personally for the school- We will live in the home and use the two story garage for the school. I want to be as open as possible with information so everyone feels as comfortable as possible. With that being said, we will be using the current structures for our residence and the school. We are not building any additional structures for the foreseeable future (but, of course, modifying the current structures to be conducive for our use). The variance is necessary because the current house sits within the 75' buffer zone normally required at the side of the house. There will be no changes to the land, except for perhaps widening the driveway as the City of Milton sees necessary. Our school helps students with learning differences understand how they learn best. We do not have any sports, so we are not looking to have any sporting fields on the property. On the other hand, having the land and woods available for the students to have hands-on learning opportunities and experiences would be wonderful. As you have probably gathered, this property will be our permanent home, and we want to make sure we are considerate of all our neighbors. it's also a vital part of our mission that our students are community -service oriented, respectful, and helpful to all others. Please feel free to have anyone calf my cell phone (404-513-9994), which is also the number listed on Chrysalis' website, check out Chrysalis' website, or visit our school. Please consider this an open invitation to anyone. As Shari and me continue to clean up the property (kind of a major undertaking) please feel free to stop over when you see us there, or perhaps we could walk across the street sometime and introduce ourselves. i hope this helps answer some of your questions. Please feel free to call or email me anytime! With kind regards, Roy Cell 404-513-9914 Roy.alexander@chrysalis-academy.org Chrysalis Experiential Academy www. ch ry salis-academy. org 10 Mansell Ct E Ste 500 Roswell, GA 30076 Sent from my iPhone [Quoted text hidden] [Quoted text hidden] <mage001.1pg> Doctor Roy Alexander— Director <School Variance.JPG> rndewh427@yaho0.c0rn <mdewb427@yahoo.com> To: Roy Alexander <roy.alexander@chrysalis-academy.org> Sat, Oct 29, 2016 at 2:06 PM Thanks Peter; my office directly across the street fro their current location. I will Gall you to discuss . Mike Sent from my iPhone {quoted text hidden] _._..._. _ __._._..........._. ............... _. �............................................... .... ........................ . .................................................... Peter Battisti <PBattisti@chemence.com> Sat, Oct 29, 2016 at 2:13 PM To: Roy Alexander<roy.alexander@chrysalis-academy.arg> haps:llmail.goo gle-cc mlmai ll OM,i=2&ik_-035bb6486c&view=pt&q--franci&%20rd&gsArue&searc h=q u ery &th=1581 Oe2e4d757d46&siml=15810e2e4d757d46&si... 415 12/2W20 16 Chrysalis Experiential Academy MaiI - Zoning & Variance - Francis Road, Milton, GA Thank you Roy. My wife and I have a special needs adult that attends 'Just People", i also have a down syndrome brother so we are predisposed to be supportive and sympathetic towards your plans. I wanted to communicate quickly as the first reaction appears to be grab the pitch forks. I look forward to seeing you soon. Kind Regards, Peter From: Roy Alexander [maiIto:roy.aiexanderi@.chrysalis-academy.org] Sent: Saturday, October 29, 20161:16 PM To: Peter Battisti <PBattisti@chernence.com> Cc: Michael Dewberry (MDEWB427@Yahoo.Com) <MDEWB427@Yahoo.Com7 Subject: Re: Zoning & Variance - Francis Road, Milton, GA [Quoted text hidden] Roy Alexander <roy.alexander@chrysalis-academy.org> To: Peter Battisti <PBattisti@chemence.com> Thank you for your support, Peter! See you soon. Roy Sent from my iPhone [Quoted text hidden] Sat, Oct 29, 2016 at 3:15 PM https:limail.google.com/maii/ulO/?ui=2&ik=035bb648&&view-pt&q=francis%20rd& gs=true&search=query&Lh=158 3 Oe2e4d757d46&sim1=1581 Oe2e4d757d46&si - .. 515 Robyn Macdonald From: Peter Battisti <PBattisti@chemence.com> Sent: Thursday, December 22, 2016 11:29 AM To: Robyn Macdonald Cc: Michael Dewberry (MDEWB427@Yahoo.Com) Subject: Objection to Rezoning at 2785 Francis Road, Milton, GA 30404. Attachments: Milton City Doc.pdf Importance: High Dear Ms. MacDonald, Please see the attached letter regarding our opposition to the application for a school use permit for the property at 2785 Francis Road, Milton, GA 30004. In summary the current rezoning request is deceptive on its face and incomplete. Since the current property cannot accommodate, in its current state 25 students it certainly cannot accommodate 50 to 75 students which is the stated goal of Dr. Roy Alexander and is the actual intended use and purpose. Furthermore to support this contention Dr. Roy Alexander has stated he will never agree to a deed restriction of only 25 students. Therefore it is abundantly clear a fully disclosed plan is required to consider in detail the impact of parking lot surface run off, parking lot lighting and noise abatement (in a residential area), traffic flow etc. Regards, Peter Battisti 100 Roxbury Row Milton, GA 30004 December 22, 2016 rob n.macdonald cit ofmilton a.us Re: Application to the City of Milton by Chrysalis Experimental Academy for a Use Permit for a Private School for a Maximum of 25 Students located at 2785 Francis Road (10.2 acresy To: Robyn MacDonald City of Milton Zoning Dear Robyn, I live with my wife and our special needs daughter at 100 Roxbury Row, Milton, GA 30004. This property is within the Roxbury Row HOA, abuts Francis Road and is directly across from the proposed school. I also have a special needs brother (with down syndrome) so my wife and I appreciate more than most the peculiar requirements of special needs education, we are sympathetic towards it and we of course have availed of it. If you wish to check out a special needs facility go to Just People, 1412 Oakbrook Dr, Norcross, GA 30093 and Just People Village, 2101 Dowling Dr, Roswell, GA 30075. You will then appreciate the scope and scale of a facility that is capable of dealing with 75 to 100 special needs children (or adults). As a result, and not acting out of ignorance I have no plans to turn my residence into a special needs school. My concern is that Dr. Roy Alexander has publically stated he will not agree to a deed restriction of 25 students. That his intent is to grow the school to no less than 50 and up to 100 students (in fact no upper limit). This is not a residence with a school on the side, it is a school with a residence on the side and the application on its face is deceptive and misleading. Even with 25 students, four residential occupants and up to 5 staff it is the equivalent of allowing the current structure (and sceptic system) to facilitate a 17 -bedroom house (assuming two per bedroom) which appears ludicrous and absurd on its face. Nor can I imagine 34 vehicles (4 residents, 5 staff and 25 parents dropping off, or student drivers) converging on one residential driveway for a defined school opening and closing time. If the zoning modification is approved the very nature of the logistics involved, and the disclosed need and desire for future growth would necessitate substantial building modifications and structural changes to the land and topography to accommodate a school that is smack in the middle of high value residential property paying a substantial tax burden. Therefore, the rezoning should not be considered in piecemeal and a full and detailed plan for the future (school) should be part of the process and part of the public comment. Is this not a fair and reasonable request to make? What disturbs me is that the process appears to be moving forward in "rubber stamp" type haste. Had we wanted (as residents and voters) to be ignored we would never have voted to carve out Milton from Fulton County in the first place and the purpose of doing so was to allow "our" elected representatives to represent "our" interests and to listen to us at a local level. As it stands this development is charging full steam towards community discord and the Courts. I have attended public hearings on minor house modifications, pool installations and commercial property. Comments included arborists reports, the size of parking lots and how it impacted water run-off, retention ponds, parking lot lighting and how it impacted residential property, noise abatement, the impact on traffic flow. Since there is a public statement from Dr Roy Alexander that the school cannot survive with 25 students, and will quickly grow to 75 students where is the plan for this? To approve this piecemeal rezoning request is shortsighted. Very simply.... what happens next? This is a question that needs to be fully explained (with plans) before not after rezoning is allowed. Currently there is residential property for sale on Cogburn Road of similar size, 9.3 acres. It is already within a 25 mile per hour school zone district and within eyesight of several schools. It would have minimal impact on traffic flow as a result of the impact of schools in the immediate area. There are other (and if I may so) better alternatives. Respectfully yours, _e Peter D Battisti 678-429-0681 PeterB99@MSN.Com December 19, 2016 To: Robyn MacDonald, City of Milton Zoning robvn.macdonald@citvofmiltonga.us From: Gregg & Sarah Bundschuh 14690 Glencreek Way (Shadowood Farms subdivision) Gregg.bundschuh@greyling.com Re: Application to the City of Milton by Chrysalis Experimental Academy for a Use Permit for a Private School for a Maximum of 25 Students located at 2785 Francis Road (10.2 acres) Dear Ms. MacDonald: understand from Larry Liebross of Morningstar Luxury Homes, LLC, the builder of the new home at 2793 Francis Road, that he spoke to you this week and that the Community Development staff intends to make a recommendation on the school Use Permit application for 2785 Francis Road by this Thursday for the Planning Commission meeting on December 28th. The purpose of this letter is to register the opposition of concerned residents of my neighborhood, Shadowood Farms, to the application and to state the basis of our opposition. Our neighborhood includes residents who own property adjacent to the subject site and our street entrance (Glencreek Way/Francis Road) is located less than a quarter mile from the subject property. We have attended both public meetings about this Use Permit application (Community Meeting and Design Review). Last Thursday, several of us from Shadowood Farms, Roxbury Estates, and owners of the surrounding properties arranged a private meeting with the Applicant. Last night, we attended the Applicant's open house at his current school location. After speaking with the following HOA or property representatives, we believe that the surrounding community is firmly against approval of the Use Permit. Those representatives are copied on my email to you and they are: Concerned Residents of Shadowood Farms; The Homeowners' Association Presidents for Clearbrooke and Roxbury Estates; Morningstar Luxury Homes, LLC, the builder of the new home at 2793 Francis Road; and John Morley, a resident of Shadowood Farms who owns the 10 undeveloped acres adjacent to 2785 Francis Rd. After listening to the Applicant's proposed plans for the site, our opposition to the Use Permit is based on the following considerations: • The primary use of this site is for a school (the residence is incidental) and the application should be reviewed in that light; ■ Approval of the requested Use Permit would create uncertainty about the future development of the site (expansion to 100 or more students); • Approval of the requested Use Permit would create increased traffic on Francis Road from the roundabout to the Forsyth/Fulton line (without any modifications for turn lanes or curb cuts at the subject property); • Approval of the requested Use Permit would create precedent which allows future rezoning requests and Use Permits that are inconsistent with the current residential use in the area. • Approval of the requested Use Permit would have a negative impact on residential property values. Much of the basis of our opposition is from statements made by the Applicant himself during the several meetings. Below is a summary of what we know about the sale of the property and the intended use. If our information is not accurate, we would appreciate your correction so that we are not relying on inaccurate information: • According to Fulton County records, the owners of the 10.2 acre property (zoned AG -1) are Neil & Dorothy Bates (Seller). They acquired the property in 1985 and lived there until several years ago. The residence was built in ■ The property is adjacent to at least 8 single family residential homes in the Clearbrooke subdivision and is directly opposite the entrance to the Roxbury Estates subdivision. . Zillow indicates that the property has the following sale activity: DATE EVENT PRICE 01/04/16 Price change $1,150,000-8.0% 12/30/14 Price change $1,250,004-16.7% 01/25/14 Back on market $1,500,000 11/18/13 Pending sale $1,500,000 10/14/13 Listed for sale $1,500,000 05/24/85 Sold $321,000 • Real estate agents for the Seller have indicated that residential developers have expressed interest in the past and the site is suitable for up to eight (8) one acre single family residences. • The buyer of the property, ❑r. Roy Alexander of Chrysalis Academy (Buyer), told us that he and his wife have closed on the sale of the property but that the sale is conditional on obtaining the Use Permit for the school. We cannot confirm that the sale has closed and websites still list the property for sale. The seller of the property, Neil Bates, would be financing the property for Dr. Alexander. The public advertisement for the Use Permit states that the application is for "a maximum of 25 students within the existing structure." However, Dr. Alexander told us that he would not close on the property if the Use was limited to 25 students. He stated that school would only be financially viable if 50-100 children were enrolled. He said that the school and the property represent their livelihood and retirement. It seems clear that increasing the size of the school achieves both of those goals to the detriment of the surrounding community. • The school is currently located in an office area off of Mansell Road but the lease is expiring and rent is increasing. It is a 501(c) (3) non-profit and Dr. Alexander indicated that the school has had financial difficulties in the past and considered closing. • Dr. Alexander says that he and his wife will live in the residence and use it as an administration building. The garage structure would house 5 classrooms. Initially, parking would be in front of the house but Dr. Alexander said that additional parking would have to be in the rear of the house (confirming future expansion). • There is no proposal for a turning lane or sidewalk and Dr. Alexander is not proposing any material upgrades in the structures themselves. ■ Dr. Alexander confirmed that there has been no change to the existing septic system or application for upgrade. • We believe that unless Dr. Alexander agrees to a deed restriction to limit the school to 25 students, once a Use Permit is issued, the school can be expanded without further public input and the City has no way to confirm the number of students actually enrolled, considering that there will likely be full-time, part-time, and tutored students. • On the Chrysalis website, Dr. Alexander states that the school is currently in a 15,925 sq. ft. facility with labs, library, and cafeteria. Also says he is "searching for a permanent facility.... for future growth of the school" yet his application says that he intends to use the existing facilities with no additional structures or modifications. Other websites which describe and rate similar private schools show Chrysalis as having 49, 51 and 52 students. The Chrysalis website itself states that it had 25 students when the school was founded in 2002. • To the best of our knowledge, there are no other private schools or special uses inconsistent with the residential uses, on Francis Road. . We believe that a private school will have a Negative Impact on surrounding home values due to the inconsistent use (with residential) and additional traffic. As you know, Section 64-1552 of the City of Milton Zoning Code sets out considerations for the grant of a Use permit. I have replicated that section below and notated our comments or questions in red which we hope you can address at the Planning Commission Meeting. Sec. 64-1552. - Considerations. (a) In the interest of the public health, safety and welfare, the city council may exercise limited discretion in evaluating the site proposed for a use which requires a use permit. In exercising such discretion pertaining to the subject use, the city council shall consider each of the following: (1) Whether the proposed use is consistent with the comprehensive land use plan or economic development revitalization plans adopted by the city council; The land use plan designates the area as AG-1/Residential. A large number of public and private schools are located on Cogburn Road and during school opening and closing hours they cause traffic to be backed up nearly to the Francis/Hopewell roundabout. (2) (3) (4) (5) Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; There are no other Use permits for schools on Francis Road. Whether the proposed use may violate local, state and federal statutes, ordinances or regulations governing land development, We believe the current septic tanks are not adequate for the intended use. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; School use would create backups on Francis Road around school start and finish hours: unlike residential use. The location and number of off-street parking spaces; We understand that only 10 parking spaces are required (2 per classroom) and that is the Applicant's plan. We believe that 10 spaces are inadequate for the requested use. (1) Many of the students are of driving age: (2) The school promotes a student teacher ratio of 5:1 suggesting at least 5 teacher vehicles; (3) The school owns at least one large van: and (4) the residents have personal vehicles; The amount and location of open space; Protective screening; The Applicant proposes no new screening or fencing to shield the parking lot from Francis Road. Hours and manner of operation; The Chrysalis website lists both ordinary school hours as well as special hours. Outdoor lighting; and Ingress and egress to the property. No turn lane or curb cuts or sidewalks are being offered to mitigate concerns. In granting such permits, conditions may be attached as are deemed necessary in the particular case for the protection or benefit of neighbors to ameliorate the effects of the proposed development/use. Neither the Applicant nor the Design Review Committee imposed ANY conditions to protect or benefit the neighbors. Page 20 of the City of Milton Comprehensive Plan (10117/16) states that non-residential in -fill development should meet appropriate design standards on local streets. In conclusion, The Use Permit should not be approved for the following reasons: 1. The Applicant's intent is to exceed the requested 25 student maximum and the City of Milton can only reasonably enforce the Use Permit if there is a deed restriction on the property. 2. This private school should be subject to the same scrutiny that the City requires in its dealings with public schools. Specifically, with regard to Community Facilities and Services, the Comprehensive Plan (page 22) states: Objective 6: We will work with the Fulton County Public Schools to encourage school location decisions that support overall growth and development plans of the community. Strategy: Encourage the Fulton County Public Schools to improve access and egress into existing school properties to minimize traffic disruption and congestion. Strategy: Encourage Fulton County Public Schools to locate future facilities that are consistent with the Milton Future Land Use Plan. 5tr� ateeg : Encourage Fulton County Public Schools to design new schools consistent with the design standards unique to Milton including site planning, building design, the utilization of green standards, access/ egress, parking configuration, tree preservation1 replacement review, appropriate buffers and the integration of trailways where possible. Thank you for your consideration and assistance. We look forward to see you at the Planning Commission Meeting on December 28th Gregg & Sarah Bundschuh ORDINANCE NO._______ PETITION NO. U16-01/VC16-03 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT FOR A PRIVATE SCHOOL (SEC. 64-1831) ON 26.65 ACRES LOCATED AT 13650 BETHANY ROAD. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on January 30, 2017 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the following property located at 2785 Francis Road consisting of a total of approximately 10.21 acres as described in the attached legal description , be approved for a Use Permit for a Private School with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 680 and 617 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Retreat listed in the attached conditions of approval, be approved under the provisions Sec. 64-1831 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 all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 30th day of January, 2017. ORDINANCE NO._______ PETITION NO. U16-01/VC16-03 Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) ORDINANCE NO._______ PETITION NO. U16-01/VC16-03 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for A Private School (Sec. 64-1831) 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) An existing 2,300 square foot two story garage (classrooms) and an existing 2,864 square foot single family residence (Residence and administrative office)(U16-01) b) A maximum of 25 students. b) The hours of operation shall be the following: Monday –Friday 8:00 am – 3:30 pm 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on December 16, 2016. 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. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To allow the existing driveway/parking area to encroach into the 75 foot undisturbed buffer and 10 foot improvement setback along the west property line as shown on the revised site plan received by the City of Milton on December 16, 2016. (VC16-03) ORDINANCE NO._______ PETITION NO. U16-01/VC16-03 b) To allow the existing single family residence to encroach into the 75 foot undisturbed buffer and 10 foot improvement setback along the east property line as shown on the revised site plan received by the City of Milton on December 16, 2016. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. Driveway(s) shall provide a minimum uninterrupted ingress/egress distance of 50 feet measured from the right-of-way line to the nearest edge of drive or parking space ii. Driveway(s) site distance shall be certified by professional engineer b) Dedicate at no cost to the City of Milton prior to the approval of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights-of-way: i. Provide at least 45 feet of right-of-way from the centerline of Francis Road along the entire property frontage 5) To the owner’s agreement to abide by the following: a. A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. ORDINANCE NO._______ PETITION NO. U16-01/VC16-03 U16-01/VC16-03 REVISED SITE PLAN SUBMITTED DECEMBER 16, 2016 ORDINANCE NO._______ PETITION NO. U16-01/VC16-03 ORDINANCE NO._______ PETITION NO. U16-01/VC16-03 M HOME OF "Ht rF:l UUALITY OF LIFE IN G[-GRGiq- MILTONV' ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 3, 2017 FROM: Steven Krokoff, City Managd �1 AGENDA ITEM: Consideration of An Ordinance of the City of Milton, Georgia to Amend Chapter 2 of the Code of the City of Milton, Georgia to Provide for Compensation for the Planning Commission, Board of Zoning Appeals, and Design Review Board; to Provide for the Repeal of Conflicting Ordinances; to Provide an Effective Date; and for Other Lawful Purposes. MEETING DATE: Monday, January 9, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (XPPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: r/ YES () NO CITY ATTORNEY REVIEW REQUIRED: (4ES () NO APPROVAL BY CITY ATTORNEY: V4PPROVED (( NOT APPROVED PLACED ON AGENDA FOR: er/e�/tern REMARKS: i Youn PHONE: 678.242.25001 FAX: 678.242.2499 GIr.0 info�eHyolmilfonga.us www.cllyofmiHonga.us wwniee C0111mY111s E"�!� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 1"-1!!1_� ^ I, �. -1 '0 Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE CITY OF MILTON, GEORGIA TO AMEND CHAPTER 2 OF THE CODE OF THE CITY OF MILTON, GEORGIA TO PROVIDE FOR COMPENSATION FOR THE PLANNING COMMISSION, BOARD OF ZONING APPEALS, AND DESIGN REVIEW BOARD; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES. BE IT ORDAINED by the City Council of the City of Milton, Georgia while in a regular Council meeting on January 30, 2017, at 6:00 PM as follows: WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and regulations for the protection and preservation of the public health, safety and welfare of its citizens; and WHEREAS, the Milton Charter, at Section 4.11, provides: The city council, by ordinance, may prov ide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. and WHEREAS, Chapter 2 of the City of Milton Code of Ordinances regulates the governance and administration of the business of the City of Milton, to include those regulations regarding the Planning Commission, Board of Zoning Appeals and Design Review Board; and WHEREAS, the Mayor and Council have determined that it is in the best interest of the City’s residents to provide compensation for the members of certain boards and commissions of the City of Milton; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, as follows: SECTION 1. That Section 2-209 of the City of Milton Code of Ordinances, with respect to the Planning Commission, shall be stricken it its entirety and replaced with the following: “The city council may provide for the reimbursement of the actual and necessary expenses of the planning commission, and shall compensate each member of the planning commission in the amount of $50.00 for each meeting of the planning commission the member attends. For purposes of this section, the term “meeting” shall have the same meaning as set forth in O.C.G.A. 50-14-1(a)(3)(A).” Page 2 of 2 SECTION 2. That Section 2-234 of the City of Milton Code of Ordinances, with respect to the Design Review Board, shall be stricken it its entirety and replaced with the following: “The city council may provide for the reimbursement of the actual and necessary expenses of the board, and shall compensate each member of the board in the amount of $50.00 for each meeting of the board the member attends. For purposes of this section, the term “meeting” shall have the same meaning as set forth in O.C.G.A. 50-14-1(a)(3)(A).” SECTION 3. That Section 2-258 of the City of Milton Code of Ordinances, with respect to the Board of Zoning Appeals, shall be stricken it its entirety and replaced with the following: “The city council may provide for the reimbursement of the actual and necessary expenses of the board, and shall compensate each member of the board in the amount of $50.00 for each meeting of the board the member attends. For purposes of this section, the term “meeting” shall have the same meaning as set forth in O.C.G.A. 50-14-1(a)(3)(A).” SECTION 4. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. SECTION 5. This Ordinance shall become effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO ORDAINED this the 30th day of January, 2017, the public’s health, safety, and welfare demanding it. Approved: ______________________________ Joe Lockwood, Mayor Attest: __________________________ Sudie AM Gordon, City Clerk 0 HOME OF'THE BEST QUALITY OF LIFE IN GEO MILTONk OTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: :December 29, 2016 FROM: Steven Krokoff, City Manage q �y AGENDA ITEM: Consideration of Amendments to Chapter 20, Soil Erosion, Sedimentation and Pollution Control, Article VI, Soil Erosion within the City of Milton Code of Ordinances. MEETING DATE: Monday, January 9, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4k<PPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (eES () NO CITY ATTORNEY REVIEW REQUIRED: (,}'YES 0 NO APPROVAL BY CITY ATTORNEY. (,�`AAPPROVED (/ NOT APPROVED PLACED ON AGENDA FOR: 6/e9/za1 REMARKS: 0,* Your PHONE: 678.242.25001 FAX: 678.242.2499 ® *'t* G're`en • inlo@elfyofmlltongc.uslwww.cityofrnlHongo.us wnnurE Co..q-i 1a',a 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 � - =Ea. �o I-- - `—, To: Honorable Mayor and City Council Members From: Carter Lucas, Assistant City Manager Date: Submitted on December 13, 2016 for the January 9, 2017 Regular Council Meeting (First Reading on November 21, 2016 and December 19, 2016) Agenda Item: Consideration of Amendments to Chapter 20, Soil Erosion, Sedimentation and Pollution Control, Article VI, Soil Erosion within the City of Milton Code of Ordinances ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: As per the Georgia Erosion and Sedimentation Act (O.C.G.A. 12-7-8(a)(2)), Local Issuing Authorities must amend their ordinances within 12 months of any amendment of the Act. Therefore, the deadline for Local Issuing Authorities to amend their local erosion and sedimentation ordinances to reflect the 2015 and earlier amendments to the Georgia Erosion and Sedimentation Act is December 31, 2016. The attached updated ordinance will replace the existing ordinance in its entirety. Funding and Fiscal Impact: There will be no additional budgetary considerations in the adoption of this ordinance. Legal Review: Paul Frickey, City Attorney (November 16, 2016) Attachment(s): Revised Erosion and Sedimentation Ordinance STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO ADOPT THE SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROL, ARTICLE VI, CHAPTER 20 SOIL EROSION ORDINANCE WITHIN THE CITY OF MILTON CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on January 9, 2017 6:00 p.m. as follows: SECTION 1. That the amendment of the soil erosion ordinance, Article VI, Chapter 20, 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 9th day of January, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk Page 1 ARTICLE VI. - SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROL[2] Footnotes: --- (2) --- Editor's note— Section 1 of Ord. No. 10-06-66, adopted June 21, 2010, repealed the former art. VI, §§ 20-490—20-493, 20-513—20-518, 20-538—20-546, 20-566—20-570, 20-590—20-594, 20-614—20-616, 20-636—20-637, and enacted a new art. VI as set out herein. The former art. VI pertained to similar subject matter and derived from Ord. No. 06-12-72, adopted Dec. 7, 2006; and Ord. No. 08-11-29, adopted Nov. 17, 2008. DIVISION 1. - GENERALLY Sec. 20-490. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 100-year floodplain means land in the floodplain subject to a one percent or greater statistical occurrence probability of flooding in any given year. Best management practices (BMPs) means sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the "Manual for Erosion and Sediment Control in Georgia" published by the commission as of January 1 of the year in which the land-disturbing activity was permitted. Board means the Georgia Board of Natural Resources. Buffer means the area of land immediately adjacent to the banks of state waters in its natural state of vegetation that facilitates the protection of water quality and aquatic habitat. Certified personnel means a person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission. Commission means the Georgia Soil and Water Conservation Commission (GSWCC). Construction board of appeals means the board appointed by the city council that hears appeals of stop work orders. CPESC means certified professional in erosion and sediment control with current certification by certified professional in Erosion and Sediment Control Inc.EnviroCert, Inc., a corporation registered in North Carolina which is also referred to as CPESC or CPESC, Inc. which is also referred to as CPESC or CPESC, Inc. Cut means a portion of land surface or area from which earth has been removed or will be removed by excavation (the depth below the original ground surface to the excavated surface also known as excavation). Department means the Georgia Department of Natural Resources (DNR). Design professional means a professional licensed by the State of Georgia in the field of: Engineering, architecture, landscape architecture, forestry, geology or land surveying; or a person that is a certified professional in erosion and sediment control (CPESC) with a current certification by certified professional in Erosion and Sediment ControlEnvirocCert Inc. Design Professionals shall practice in a manner that complies with applicable Georgia law governing professional licensure. Page 2 Director means the director of the environmental protection division or his or her designee. Director DPW means the director of the department of public works or his or her designee. District means the Fulton County Soil and Water Conservation District. Division means the environmental protection division (EPD) of the department of natural resources. Drainage structure means a device composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for stormwater management, drainage control, or flood control purposes. Erosion means the process by which land surface is worn away by the action of wind, water, ice or gravity. Erosion, sedimentation and pollution control plan means a plan required by the Erosion and Sedimentation Act, O.C.G.A. ch. 12-7, that includes, as a minimum, protections at least as stringent as the state general permit, best management practices, and requirements in sections 20-567 and 20-568 of this article. Erosion and sedimentation control manual means a field manual produced by the Georgia Soil and Water Conservation Commission that illustrates vegetative and structural best management practices (BMPs), and their use for land-disturbing activities. Fill means a portion of land surface to which soil or other solid material has been added; the depth above the original ground surface or an excavation. Final stabilization means all soil-disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100 percent of the soil surface is uniformly covered in permanent vegetation with a density of 70 percent or greater, or equivalent permanent stabilization measures (such as the use of rip rap, gabions, permanent mulches or geotextiles) have been used. Permanent vegetation shall consist of: Planted trees, shrubs, perennial vin es; a crop of perennial vegetation appropriate for the time of year and region; or a crop of annual vegetation and a seeding of target crop perennials appropriate for the region. Final stabilization applies to each phase of construction. Finished grade means the final elevation and contour of the ground after cutting or filling and conforming to the proposed design. Grading means altering the shape of ground surfaces. The term "grading" includes: (1) Stripping; (2) Cutting; (3) Filling; (4) Stockpiling; (5) Shaping or any combination thereof; and (6) The land in its cut or filled condition. Ground elevation means the original elevation of the ground surface prior to cutting or filling. Land-disturbing activity means any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state; (1) The term "land-disturbing activity" includes, but is not limited to: a. Clearing, dredging or grading; and b. Excavating, transporting or the filling of land. Page 3 (2) The term "land-disturbing activity" does not include agricultural practices as described in subsection 20-493(5). Larger common plan of development or sale means a contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purpose of this definition, the term "plan" means: (1) An announcement; (2) Piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or (3) Physical demarcation such as boundary signs, lot stakes, or survey marking, indicating that construction activities will occur on a specific plot. Local issuing authority means the governing authority of any county or municipality which is certified pursuant to O.C.G.A. § 12-7-8(a). Metropolitan River Protection Act (MRPA) means a state law referenced as O.C.G.A. § 12-5-440 et seq., which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins. Natural ground surface means the ground surface in its original state before any grading, excavation or filling. Nephelometric turbidity units (NTU) means numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed or suspended particles are present. NOI means a notice of intent form provided by EPD for coverage under the state general permit. NOT means a notice of termination form provided by EPD to terminate coverage unde r the state general permit. Notice to comply means enforcement action based on noncompliance through failure to either properly install or maintain BMPs, where sediments remain within the boundaries of the property. This enforcement action provides the violator five days to achieve compliance. Official notice means a posting of a notice to comply or stop work order on a property that is noncompliant or in violation. Operator means the party or parties that have: (1) Operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or (2) Day-to-day operational control of those activities that there are necessary to ensure compliance with a stormwater pollution prevention plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the stormwater pollution prevention plan or to comply with other permit conditions. Outfall means the location where storm water in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water. Permit means the authorization necessary to conduct a land-disturbing activity under the provisions of this article. Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the State of Georgia, any interstate body or any other legal entity. Phase or phased means sub-parts or segments of construction projects where the sub-part or segment is constructed and stabilized prior to completing construction activities on the entire construction site. Page 4 Project means the entire proposed development project, regardless of the size of the area of land to be disturbed. Properly designed means designed in accordance with the design requirements and specifications contained in the "Manual for Erosion and Sediment Control in Georgia" (manual) published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the la nd-disturbing activity was permitted and amendments to the manual as approved by the commission up until the date of NOI submittal. Reinspection fee means a fee assessed to the developer/owner/operator or responsible party for reinspecting the project if requested by the developer/owner/operator or responsible party prior to the end of the compliance period; provided that upon that reinspection the project remains out of compliance. Roadway drainage structure means a device such as a bridge, catch basin, culvert, or ditch, composed of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled way (public or private) consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. Sediment means solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, ice, or gravity as a product of erosion. Sedimentation means the process by which eroded material is transported and deposited by the action of water, wind, ice, or gravity. Soil and water conservation district approved plan means an erosion and sedimentation control plan approved in writing by the Fulton County Soil and Water Conservation District. Stabilization means the process of establishing an enduring soil cover by the installation of temporary or permanent structures or vegetation for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice, or gravity. State general permit means the National Pollution Discharge Elimination System (NPDES) general permit for stormwater runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state's authority to implement the same through federal delegation under the Federal Water Pollution Control Act, 33 USC 1251 et seq., and O.C.G.A. § 12-5-30(f). State waters means any and all rivers, streams, creeks, branches, lakes, ditches, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. Stop work order means enforcement action that ceases all work on-site or a portion of the site. Structural erosion and sedimentation control measures means practices for the stabilizing of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating, or disposing of runoff to prevent sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways, outlets, diversions, grade stabilization structures, sediment traps, and se diment barriers, and land grading. Such practices can be found in the publication "Manual for Erosion and Sediment Control in Georgia." Trout streams means all streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq., in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.gaepd.org. Streams designated as primary trout waters are defined as water supporting a self-sustaining population of rainbow, brown, or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs. Page 5 Vegetative erosion and sedimentation control measures means measures for the stabilization of erodible or sediment-producing areas by covering the soil with: (1) Permanent seeding, sprigging, or planting, producing long-term vegetative cover; (2) Temporary seeding, producing short-term vegetative cover; or (3) Sodding, covering areas with a turf of perennial sod-forming grass. Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia. Watercourse means any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed, and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater. Wetlands means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typicall y adapted for life in saturated soil conditions. The term "wetlands" includes: (1) Swamps; (2) Marshes; (3) Bogs; and (4) Similar areas. (Ord. No. 10-06-66, § 1, 6-21-2010) State Law reference— Similar provisions, O.C.G.A. § 12-7-3. Sec. 20-491. - Authority and title. This article is adopted pursuant to the authority and mandate of the Georgia Erosion and Sedimentation Act of 1975 (O.C.G.A. § 12-7-1 et seq.), as amended. Certification by EPD authorizes the city as a local issuing authority. As a local issuing authority, the city is certified to provide and maintain an erosion control program which includes, but is not limited to, development plan review, permitting and erosion control enforcement. This article will be known as "The Milton Soil Erosion, Sedimentation and Pollution Control Ordinance of 2006." (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-492. - Intent. It is the intent of this article to establish soil erosion, sedimentation and pollution control minimum requirements, standards, and enforcement procedures for land-disturbance activities in order to conserve and protect the environment, public health, and the general welfare of the city's citizens. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-493. - Exemptions. This article shall apply to any land-disturbing activity undertaken by any person on any land except for the following: (1) Surface mining, as the same is defined in O.C.G.A. § 12-4-72, "The Georgia Surface Mining Act of 1968." Page 6 (2) Granite quarrying and land clearing for such quarrying; (3) Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences and other related activities which result in minor soil erosion; (4) The construction of single-family residences when such construction disturbs less than one acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre and not otherwise exempted under this section; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in O.C.G.A. § 12-7-6 and this subsection and division 3 of this article. For single -family residence construction covered by provisions of this subsection, ther e shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act (O.C.G.A. § 12 -5-20 et seq.). In any such buffer, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the following trout waters: a. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted; b. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the EPD director may grant variances to no less than 25 feet; c. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to smaller buffer shall be granted. The minimum requirements of of O.C.G.A. § 12-7-6(b), division 3 of this article and the buffer zones provided by this section shall be enforced by the issuing authority. (5) Agricultural operations, as defined in O.C.G.A. § 1-3-3, "definitions" include: a. The raising, harvesting, or storing of products of the field or orchard; b. Feeding, breeding, or managing livestock or poultry; c. Producing or storing feed for use in the production of livestock including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits; d. The production of poultry including, but not limited to, chickens, hens and turkeys; e. Producing plants, trees, fowl, or animals; f. The production of aquaculture, horticultural, dairy, livestock, poultry, eggs, and apiarian products; and farm buildings and farm ponds. (6) Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer, as established in subsections 20-568(a)(16) and (17), no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three years after completion of such forestry practices; (7) Any project carried out under the technical supervision of the Natural Resource Conservation Service of the United States Department of Agriculture; (8) Any project involving disturbance of 5,000 square feet or less; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance equal to or greater than on e acre or within 200 feet of the bank of any state waters, and for purposes of this subsection, state waters exclude channels and drainageways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year round; provided, however, that any person responsible for a project which involves 5,000 square feet or less, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or Page 7 drainageway, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing herein shall prevent the local issuing authority from regulating any such project which is not specifically exempted by subsections (1) through (7), (9), or (10) of this section; (9) Construction or maintenance projects, or both, undertaken or financed, in whole or in part, or both, by the department of transportation, the Georgia Highway Authority, or the state road and tollway authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the department of transportation or state road and tollway authority which d isturb one or more contiguous acres of land shall be subject to the provisions of O.C.G.A. § 12 -7-7.1; except where the department of transportation, the Georgia Highway Authority, or the state road and tollway authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the City of Milton. The City of Milton shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6, and division 3 of this article as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; (10) Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the public service commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power, except where an electric membership corporation or municipal electric system or any public utility under the regulatory jurisdiction of the public service commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the city shall enforce compliance with the minimum requirements set forth in O.C.G.A. § 12-7-6 and division 3 of this article as if a permit had been issued and violations shall be subject to the same penalties as violations by permit holders; and (11) Any public water system reservoir. (Ord. No. 10-06-66, § 1, 6-21-2010) State Constitution reference— Exemptions, O.C.G.A. § 12-7-17. Secs. 20-494—20-512. - Reserved. DIVISION 2. - INSPECTION AND ENFORCEMENT Subdivision I. - In General Sec. 20-513. - Authority. (a) Community development director. The community development director or designee will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the approved plan, permit and this article and to determine if the measures required in the plan are effective in controlling soil erosion and sedimentation. Page 8 (b) Primary, secondary and tertiary permittees regulated. The city shall regulate both primary, secondary and tertiary permittees as such terms are defined in the state general permit. (1) Primary permittees shall be responsible for the installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. (2) Secondary permittees shall be responsible for the installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. (3) Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities. (c) Notice; contents. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this article, a written notice to comply shall be served upon that person, except for working without a permit, disturbing a stream buffer, allowing sediment to enter sta te waters by failure to properly design, install or maintain best management practices, or working under a stop work order, which conditions warrant immediate citation. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. (d) Noncompliance. If the person engaged in the land-disturbing activity fails to comply with the corrective measures specified in the official notice within the time specified, he or she shall be deemed in violation of this article, and the community development director may take such additional enforcement actions as he or she deems appropriate. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-514. - Authority to investigate; right of entry. The community development director shall have the power to conduct such investigation as the community development director may deem reasonably necessary to carry out the duties prescribed in this article, and for this purpose shall have the power to enter at reasonable times upon any property, public or private, for the purposes of investigation and inspection of the sites of land-disturbance or building activities. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-515. - Unlawful to refuse entry or obstruct, hamper or interfere with inspection. No person shall refuse entry or access to any authorized representative or agent of the city, the commission, the district, or division who requests entry for the purposes of inspection, and who presents appropriate credentials. Nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out his or her official duties. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-516. - Display of plan on site required. A copy of a current approved plan shall be kept on site until project completion or issuance of certificate of occupancy. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-517. - Periodic review by district or commission. Page 9 (a) The district or the commission, or both, shall semi-annually review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to O.C.G.A. § 12 -7-8(a). (b) The district or the commission, or both, may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the counties or municipality's erosion, sedimentation and pollution control program. (c) The district or the commission shall notify the division and request an investigation by the division if any deficient or ineffective legal program is found. (d) The local issuing authority must amend its ordinances to the extent appropriate within 12 months of any amendments to the Erosion and Sediment Act of 1975. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-518. - Divisional review for compliance with state regulations. (a) The division may periodically review the actions of counties and municipalities which have been certified as local issuing authorities pursuant to O.C.G.A. § 12-7-8(a). (b) Such review may include, but not be limited to, review of the administration and enforcement of a governing authority's ordinance and review of conformance with an agreement, if any, between the district and the governing authority. (c) If such review indicates that the governing authority of any county or municipality certified pursuant to O.C.G.A. § 12-7-8(a) has not administered or enforced its ordinances or has not conducted the program in accordance with any agreement entered into pursuant to O.C.G.A. § 12-7-7(e), the division shall notify the governing authority of the county or municipality in writing. (d) The governing authority of any county or municipality so notified shall have 90 days within which to take the necessary corrective action to retain certification as a local issuing authority. (e) If the county or municipality does not take the necessary corrective action within 90 days after notification by the division, the division may revoke the certification of the county or municipality as a local issuing authority. (Ord. No. 10-06-66, § 1, 6-21-2010) Secs. 20-519—20-537. - Reserved. Subdivision II. - Penalties and Incentives Sec. 20-538. - Failure to obtain a permit for land-disturbing activity; citation. If any person commences any land-disturbing activity requiring a land-disturbing permit, as prescribed in this article, without first obtaining said permit, the person shall be subject to the revocation of his or her business license, work permit, or other authorization to conduct any business and associated work activities within the city's jurisdictional boundaries. The failure to comply may result in a citation being issue d to appear in municipal court which may result in monetary fines. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-539. - Stop work orders; notice to comply. Page 10 (a) First and second violations; notice. For the first and second violations of the provisions of this article, the community development director or designee shall issue a written warning to the violator. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the community development director or designee shall issue a stop work order requiring the land- disturbance activity to be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land-disturbing activities are conducted without obtaining the necessary permit, the community development director or designee shall issue an immediate stop work order in lieu of a warning. (b) Three or more violations. For the third and each subsequent violation, the community development director or designee shall issue an immediate stop work order. (c) Stop work orders remain in effect until violation cured. All stop work orders shall be in effect immediately upon issuance and shall remain in effect until the necessary corrective action or mitigation has occurred. (d) Posted notices; removal prohibited. It shall be unlawful for any representative of the owner to remove an official notice to comply or stop work posting. (1) Upon the issuance of a stop work order, the community development director or his or her representative shall post official notices at such locations on the project site as deemed appropriate. (2) Such posted official notices shall be prominently displayed on th e owner's property until the stop work order is rescinded by the community development director or designee, at which time said posted notices will be removed by the community development director or designee or his or her representative. (3) When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the community development director or his or her designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the community development director or his or her designee. (4) All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. (5) Such stop work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion, sediment and pollution controls. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-540. - Reinspection fee. The community development director shall assess a minimum $50.00 reinspect ion fee to a project if a reinspection is requested prior to the end of a compliance period and the site is found to remain out of compliance upon that inspection. Such fees to cover administrative, field inspections, and transportation costs must be satisfied prior to the issuance of a final erosion inspection or a certificate of occupancy. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-541. - Bond forfeiture. (a) Posting; notice; contents. If, through inspection, it is determined that a person engaged in land- disturbing activities has failed to comply with the approved plan and permit, written notice to comply Page 11 shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. (b) Failure to comply. If the person engaged in the land-disturbing activity fails to comply within the time specified, he or she shall be deemed in violation of this article and, in addition to other penalties, shall be deemed to have forfeited his or her performance bond, if required to post one under the provisions of subsection 20-591(g). The city may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site and bring it into compliance. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-542. - Reserved. Sec. 20-543. - monetary penalties. (a) Any person who violates any provision of this article, or any permit condition or limitation established pursuant to this article or who negligently or intentionally fails or refuses to comply with any final or emergency order of the city director of community development issued as provided in this article shall be liable for a civil penalty not to exceed $2,500.00 per day for each violation. For the purpose of enforcing the provisions of this article, notwithstanding any provisions in the City Charter to the contrary, municipal courts shall be authorized to impose penalty not to exceed $2,500.00 for each violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of city ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought as violations of this article under city ordinance approved under this article shall be authorized to impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which a violation or failure or refusal to comply continues shall be a separate violation. (b) Upon violation of the provisions of this article, the city shall be entitled to take such remedial action as the community development director deems necessary to ensure compliance, and the violator shall reimburse the city for any cost or expense associated with such complian ce efforts and the city shall be entitled to place a lien on the property to secure payment and reimbursement for these expenses. (c) The city community development director has the primary responsibility for the enforcement of this article. (d) Persons designated by the community development director are hereby authorized to issue official notices, citations, and summons charging violations under this article, returnable to the state or city municipal court, or any other court of competent jurisdiction. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-544. - Education and certification. (a) Persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the commission in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. § 12-7-20. (b) For each site on which land-disturbing activity occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one person who is in responsible charge of erosion and sedimentation co ntrol activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the Commission present on site whenever land-disturbing activities are conducted on that site. A project site shall herein be defined as any land-disturbance site or multiple sites within a larger common Page 12 plan of development or sale permitted by an owner or operator for compliance with the state general permit. (c) Persons or entities involved in projects not requiring a state general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of this article. (d) If a state general permittee who has operational control of land -disturbing activities for a site has met the certification requirements of O.C.G.A. § 12-7-19(b)(1), then any person or entity involved in land- disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in O.C.G.A § 12-7-19(b)(4) and shall not be required to meet any educational requirements that exceed those specified in said paragraph. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-545. - Appeals. (a) Construction board of appeals; hearing. The suspension, revocation, modification, or grant with condition of a permit by the city upon finding that the holder is not in compliance with the approved erosion sediment and pollution control plan; or that the holder is in violation of permit conditi ons; or that the holder is in violation of any provision of this article shall entitle the person submitting the plan or holding the permit to a hearing before the city construction board of appeals within 45 days after receipt by the city director of comm unity development of written request for appeal. (b) Fulton County Superior Court. Any person aggrieved by a decision or order of the city, after exhausting his or her administrative remedies, shall have the right to appeal de novo to the Superior Court o f Fulton County. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-546. - Liability. (a) Neither the approval of a plan under the provisions of this article, nor the compliance with provisions of this article, shall relieve any person from responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the city, the district or their officers, employees or agents for damage to any person or property. (b) The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this article or the terms of the permit. (c) No provision of this article shall permit any person to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder or pollute any state waters as defined thereby. (Ord. No. 10-06-66, § 1, 6-21-2010) Secs. 20-547—20-565. - Reserved. DIVISION 3. - MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POLLUTION CONTROL USING BEST MANAGEMENT PRACTICES (BMP) Sec. 20-566. - General provisions. Page 13 (a) Excessive soil erosion and resulting sedimentation can take place during land -disturbing activities if the requirements of the article and the NPDES general permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this article shall contain provisions for an application of soil erosion, sedimentation and pollution control measures and practices. The pr ovisions shall be incorporated into the erosion, sedimentation and pollution control plans. (b) Soil erosion and sedimentation control measures and practices shall conform to the minimum requirements of sections 20-567 and 20-568. (c) The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. (d) Measures shall be installed to prevent or control erosion sedimentation and pollution during all stages of any land-disturbing activity in accordance with requirements of this article and the NPDES general permit. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-567. - Minimum requirements (BMP). (a) Properly designed defined. Best management practices as set forth in this section and section 20-568 shall be required for all land-disturbing activities. Proper design, installation, and maintenance of BMPs shall constitute a complete defense to any action by the director or to any oth er allegation of noncompliance with subsection (b) of this section or any substantially similar terms contained in a permit for the discharge of stormwater issued pursuant to O.C.G.A. § 12-5-30(f) of the "Georgia Water Quality Control Act." As used in this subsection, the terms "proper design" and "properly designed" mean designed in accordance with the hydraulic design specifications contained in the "Manual for Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b). (b) Violations. Each discharge of stormwater runoff from disturbed areas where BMPs have not been properly designed, installed, and maintained shall constitute a separate violation of any land -disturbing permit issued by the City of Milton or of any state general permit iss ued by the division, pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act," for each day on which such discharge results and the turbidity of receiving waters being increased by more than 25 nephelometric turbidity units for waters supporting warm water fisheries or by more than ten nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines issued by the director. This subsection shall not ap ply to any land-disturbance associated with the construction of single-family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five acres. (c) Failure to properly design, install, or maintain BMPs shall constitute a violation of any land -disturbing permit issued by the City of Milton or of any state general permit issued by the division pursuant to O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act," for each day on which such failure occurs. (d) The director may require, in accordance with regulations adopted by the board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing activities occur. (e) The City of Milton may set more stringent buffer requirements than stated in subsections 20 -568(a)(16) and (17) in light of O.C.G.A. § 12-7-6(c). (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-568. - To comply with state general permit. Page 14 (a) The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. § 12 -7-1 et seq. for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit; and best management practices (BMPs), including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the "Manual for Erosion and Sediment Control in Georgia," published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following: (1) Proper erosion control measures must be installed along site boundaries prior to the stripping of vegetation, re-grading, and other development activities as deemed by the community development director to minimize erosion. (2) Cut-fill operations must be kept to a minimum. (3) Development plans must conform to the topography and soil type so as to minimize erosion potential. (4) Whenever feasible, natural vegetation shall be retained, protected and supplemented. (5) The disturbed area and duration of exposure to erosive elements shall be kept to a practicable minimum. (6) Disturbed soil shall be stabilized as quickly as practicable. (7) Temporary vegetation or mulching shall be employed to protect all exposed areas during development. (8) Permanent vegetation and structural erosion control measures shall be installed as soon as practicable. (9) Sediment in runoff water must be trapped by the use of debris basins, sediment basins, sediment barriers, construction exits or similar BMPs as outlined in the erosion and sediment control manual until the disturbed area is stabilized. As used in this subsection (a), a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of this section and O.C.G.A. § 12-7-1 et seq. (10) Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surface of fills. Cuts and fills must not endanger adjoining properties. (11) Sound engineering practices or methods shall be employed to protect (i.e., cuts and fills may not endanger) adjoining properties. (12) Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners. (13) Migrated soil materials or soil materials displaced by mechanical means from land-disturbing sites to adjacent watercourses, such as lakes, ponds, streams and creeks etc., must be remediated The remedial work shall be conducted as per a remedial plan approved by the City of Milton. (14) Grading equipment must cross flowing streams by means of temporary or permanent bridges or culverts except when such methods are not feasible; provided, in any case, that such crossings are kept to a minimum. (15) Land-disturbing activity plans for erosion sedimentation and pollution control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on site or preclude sedimentation of adjacent waters beyond the levels specified in subsection 20-567(b). (16) Except as provided in subsection (a)(17) of this section, there is established a 25-foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except where the director determines to allow a variance that is at least as protective of natural resources and the environment where otherwise Page 15 allowed by the director, pursuant to O.C.G.A. § 12-2-8, or where a drainage structure or a roadway drainage structure must be constructed; provided that adequate erosion control measures are incorporated in the project plans and specifications are implemented; or along any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a stream: that under normal circumstances has water flowing only during and for a short duration after precipitation events; that has the channel located above the groundwater table year round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow, unless exempted as along on ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act," shall remain in force unless a variance is granted by the director as provided in this paragraph. The following requirements shall apply to any such buffer: a. No land-disturbance activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed, except as otherwise provided by this subsection. b. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single -family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim underbrush in a buffer at any time as long as protective vegetative co ver remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and c. The buffer shall not apply to the following land-disturbing activities; provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: 1. Stream crossings for water lines; or 2. Stream crossings for sewer lines. (17) There is established a 50-foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, of the "Georgia Water Quality Control Act," except where a roadway drainage structure must be constructed; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25-foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the board, so long as any such pipe stops short of the downstream landowner's property and the landowner complies with the buffer requirement for any adjacent trout streams. The director may grant a variance from such buffer to land-disturbing activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer; a. No land-disturbance activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a sin gle- family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetation cover remains to protect water quality and aquat ic habitat and natural canopy is left in sufficient quality to keep shade on the stream bed; and Page 16 b. The buffer shall not apply to the following land-disturbing activities; provided that they occur at an angle, as measured from the point of crossing, withi n 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: 1. Stream crossings for water lines; or 2. Stream crossings for sewer lines. c. Nothing contained in O.C.G.A. § 12-7-1 et seq. shall prevent any local issuing authority from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in section 20-567 and this section. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-569. - No presumption of violation. The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided in this article or the terms of the permit. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-570. - Additional requirements. Where the director or the city director of community development finds, through inspection, that property owners have been adversely affected due to violations clearly identified by the director or the city director of community development, or that the approved current plans do not adequately address the features of the site, the director or the city director of community development can require additional bmps, drawings, and revisions to comply with the minimum requirements as outlined in this division. (Ord. No. 10-06-66, § 1, 6-21-2010) Secs. 20-571—20-589. - Reserved. DIVISION 4. - APPLICATION/PERMIT PROCESS Sec. 20-590. - General provisions. (a) The property owner, developer, and designated planners and engineers shall design and review the general development plans before submittal: (1) The city shall review the tract to be developed and the area surrounding it. (2) The city shall consult the zoning ordinance, stormwater management ordinance, subdivision ordinance, flood damage prevention resolution, this article, and other ordinances which regulate the development of land within the jurisdictional boundaries of the city. (b) However, the property owner and/or operator are the only parties who may obtain a permit. (Ord. No. 10-06-66, § 1, 6-21-2010) Page 17 Sec. 20-591. - Application requirements. (a) Prior to any land-disturbing activity, the property in question must be part of an approved and reco rded legal lot of record (including, but not limited to, exemption plat, minor plat, or final plat). Additionally, no land-disturbing activity, including grading, excavating, filling, and foundation work, shall be conducted within the city, until a land-disturbance permit or a building permit (for those projects not requiring a land-disturbance permit under this article) shall have been issued by the community development director allowing such activity, pursuant to the provisions herein provided. If a proj ect is to be developed in phases, then a separate land-disturbance permit or building permit is required for each phase not to exceed 25-acre increments and the development sequence should be followed on all projects issued a land-disturbance permit. (b) No person shall conduct any land-disturbing activity within the city's jurisdictional boundaries without first obtaining a permit from the city community development department or its successor to perform such activity and provide a copy of notice of intent submitted to EPD if applicable. (c) All developments, construction, improvements, utilities, and demolitions that occur within the boundaries of the incorporated city limits that disturb more than 5,000 square feet of land shall be required to submit an application for a land-disturbance permit. (d) The application for a permit shall be submitted to the community development department and must include the applicant's erosion and sedimentation control plan with supporting data, as necessary. Said plans shall include, as a minimum, the data specified in section 20 -592. Soil erosion sedimentation and pollution control plans, together with supporting data must demonstrate affirmatively that the land-disturbing activity proposed shall conform to the provisions of this section and section 20-592. Applications for a permit will not be accepted unless accompanied by three copies of the applicant's soil erosion, sedimentation and pollution control plans and a physical address of the property owner (post office box not acceptable). All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to the creation of the plan in accordance with EPD Rule 391-3-7-10. (e) A minimum fee, as set by the city council, shall be charged for each acre, or fraction thereof, of the project area. (f) In addition to the city's permitting fees, fees also will be assessed pursuant to O.C.G.A. § 12 -5-23(a)(5); provided that such fees shall not exceed $80.00 per acre of land -disturbing activity and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land-disturbance permit. Half of such fees levied shall be submitted to the division; except that any and all fees due from an entity which is required to give notice pursuant to O.C.G.A. § 12-7-17(9) or (10) shall be submitted in full to the division, regardless of the existence of a local issuing authority in the jurisdiction. (g) The permit applicant shall be required to post a bond (surety) in the form of cash prior to issuing the permit. The bond amount shall be determined as established by the community development department, but not exceeding $3,000.00 per acre or fraction thereof of the proposed land -disturbing activity. Surety bonds shall be: 1) on the bond form provided by the City; 2) properly executed by t he permit applicant and surety; and 3) issued by a surety company determined to be: a) in good standing with the office of the Georgia Insurance and Fire Safety Commissioner; and b) listed in Circular 570 (Federal Register Vol. 62, No. 126) among companies holding certificates of authority as acceptable sureties on Federal bonds and as acceptable reinsuring companies. (1) If the applicant does not comply with this article or with the conditions of the permit after issuance, the city may call the bond or an y part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. (2) If a permit applicant has had two or more outstanding violations of previous permits, this article, or the Erosion and Sedimentation Act of 1975 (O.C.G.A. § 12-7-1 et seq.), as amended, within Page 18 three years prior to the date of filing of the application under consideration, the city may deny the permit application. (3) These provisions shall not apply unless there is in effect an ordinance or statute specifically providing for hearing and judicial review of any determination or order of the Local Issuing Authority with respect to alleged permit violations. (h) If applicable, immediately upon receipt of an application and plan for a permit, the city shall refer the application and plan to the, district for its review and approval or disapproval concerning the adequacy of the erosion sedimentation and pollution control plan. The district shall appr ove or disapprove a plan within 35 days of receipt. Failure of the district to act within 35 days shall be considered an approval of the pending plan. The results of the district review shall be forwarded to the city. No permit will be issued unless the plan has been approved by the district, and any variances required by subsections 20-568(a)(16) and (17), and bonding, if required as per subsection (g) of this section, have been obtained. Such review will not be required if the city and the district have e ntered into an agreement which allows the city to conduct such review and approval of the plan without referring the application and plan to the district. The local issuing authority with plan review authority shall approve or disapprove a revised plan submittal within 35 days of receipt. Failure of the local issuing authority with plan review authority to act within 35 days shall be considered an approval of the revised plan submittal. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-592. - Plan requirements. (a) Plans must be prepared to meet the minimum requirements as contained in sections 20 -567 and 20- 568 of this article or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sedimentation Control in Georgia is hereby incorporated by reference into this article. The plan for the land -disturbing activity shall consider: (1) The interrelationship of the soil types; (2) Geological and hydrological characteristics; (3) Topography; (4) Watershed; (5) Vegetation; (6) Proposed permanent structures including roadways, constructed waterways, sediment control and stormwater management facilities; and (7) Local ordinances and state laws. (b) Data required for site plan. (1) All the information required from the appropriate erosion, sedimentation and pollution control plan review checklist established by the commission as of January 1 of the year in which the land - disturbing activity was permitted. (c) Maps, drawings, and supportive computations shall bear the signature/seal of a registered or certified design After December 31, 2006, all persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the commission and in consultation with the division and the stakeholder advisor y board created pursuant to O.C.G.A. § 12-7-20. Page 19 (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-593. - Permits. (a) Permits shall be issued or denied as soon as practicable but, in any event, not later than 45 days after receipt by the city of a completed application; providing variances and bonding are obtained, where necessary, and all applicable fees have been paid prior to permit issuance. The permit shall include any conditions under which the activity may be undertaken. (b) No permit shall be issued by the city unless the erosion sedimentation and pollution control plan has been approved by the district or by the city, and unless the city has affirmatively determined that the plan is in compliance with this article, any variances required by subsection s 20-568(a)(16) and (17) are obtained, bonding requirements, if necessary, as per subsection 20-591(g), are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the unincorporated city are met. If the permit is denied, the reason for denial shall be furnished to the applicant. (c) If the tract is to be developed in phases, then a separate permit shall be required for each phase to include the development sequence. (d) The permit may be suspended, revoked, or m odified by the city, as to all or any portion of the land affected by the plan, upon finding that the holder or his or her successor in title is not in compliance with the approved erosion and sedimentation control plan or that the holder or his or her successor in title is in violation of this article. A holder of a permit shall notify any successor in title to him or her of the conditions contained in the permit as to all or any portion of the land affected by the approved plan. (e) The city may reject a permit application if the applicant has had two or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within three years prior to the date of the application, in light of O.C.G.A. § 12-7-7(f)(1). (f) It shall constitute noncompliance with this article to engage in land-disturbance activity involving clearing, grading, timber harvesting, or grubbing without a permit, which activity may immediately warrant citation. (Ord. No. 10-06-66, § 1, 6-21-2010) State Constitution reference— Permits for land-disturbing activities, O.C.G.A. §§ 12-7-7, 12- 7-9. Sec. 20-594. - City or county construction; compliance with article. All engineering and construction involving land disturbance performed by or on behalf of the city a nd under the direction of the public works department or any other city entity, whether such engineering or construction is being accomplished on existing and proposed public land or on public easement, shall comply with the requirements of this article and any other ordinances relating to land disturbance, as are applied to private persons and the division shall enforce such requirements upon the city. (Ord. No. 10-06-66, § 1, 6-21-2010) Secs. 20-595—20-635. - Reserved. DIVISION 5. - DESIGN PROFESSIONAL INSPECTION Page 20 Sec. 20-636. - Required; exception. The design professional referenced in the state general permit (except when the primary permittee has requested in writing and EPD has agreed to an alternative design professional) must inspect the installation of BMPs which the design professional designed within seven days after the initial construction activities commenced. The design professional shall determine if these BMPs have been installed and are being maintained as designed. The design professional shall report the results of the inspection to the primary permittee within seven days and the primary permittee must correct all deficiencies within two business days of receipt of the inspection report from the design professional unless weather relat ed site conditions are such that additional time is required. The community development director shall withhold the occupancy permit until full compliance has been achieved. (Ord. No. 10-06-66, § 1, 6-21-2010) Sec. 20-637. - Additional reporting requirements. Applicants/owners/operators shall provide the community development director with a copy of any monitoring results submitted to EPD regarding the National Pollutant Discharge Elimination System (NPDES). Reports shall be in a format as prescribed by EPD. A copy of the notice of intent which has been sent to EPD in compliance with the permit requirements must be presented to the community development director prior to the issuance of any land-disturbance permit. (Ord. No. 10-06-66, § 1, 6-21-2010) Secs. 20-638—20-656. - Reserved. HOME OF'THE BEST QUALITY OF LIEO� *k M ILTO ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE:ember 29, 2016 FROM: Steven Krokoff, City Managy/\ AGENDA ITEM: Consideration of a Resolution of the City of Milton, Georgia to Set Qualifying Fees for Municipal Elections. MEETING DATE: Monday, January 9, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,KAPPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (OYES NO CITY ATTORNEY REVIEW REQUIRED: (YES NO APPROVAL BY CITY ATTORNEY. (JAPPROVED NOT APPROVED PLACED ON AGENDA FOR: w10913a)l REMARKS: ©i Your PHONE: 678.242.25001 FAX: 678.242.2499 'Greeri~s'� aN��'Po IMoftityofmiNonga.us l w .altyofmlltonga.us Community * -- 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - a To: Honorable Mayor and City Council Members From: Sudie Gordon, City Clerk Date: Submitted on December 28, 2016 for the January 9, 2017 Regular Council Meeting Agenda Item: Consideration of the Approval of A Resolution to Set Qualifying Fees for the 2017 Municipal Elections ___________________________________________________________________________ Department Recommendation: Approve the Resolution to Set Qualifying Fees for the 2017 Municipal Elections. Executive Summary: The City of Milton is committed to conducting City business in a manner that complies with all legal requirements, fosters citizen confidence in City government, and promotes efficient and effective government operations. Funding and Fiscal Impact: In compliance with House Bill 1470, the City of Milton will be holding elections for Council Seats for the Mayor, District 1/Post 1, District 2/Post 1, and District 3/Post 1 in 2017. Georgia Election Code Section 21-2-131(a)(1)(A) provides that qualifying fees shall be fixed not later than February 1st of any year in which a general election is to be held, and State law provides that such fees shall be three percent of the total gross salary o f the office paid in the preceding year if a salaried office. The following qualifying fees shall apply to candidates seeking municipal office in the election to be held on November 7, 2017: Mayor $690.00 and City Councilmember $390.00. A copy of the Resolution shall be published in the newspaper of general circulation following its adoption. Alternatives: N/A Legal Review: Molly Esswein, Jarrard & Davis (December 30, 2017) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Resolution of the City of Milton, Georgia to Set Qualifying Fees for Municipal Elections Page 1 of 2 STATE OF GEORGIA RESOLUTION NO. FULTON COUNTY RESOLUTION OF THE CITY OF MILTON, GEORGIA TO SET QUALIFYING FEES FOR MUNICIPAL ELECTIONS WHEREAS, effective January 1, 1999, the Georgia Municipal and Georgia Election Codes were combined into one known as the Georgia Election Code; and WHEREAS, such Code provides at § 21-2-131(a)(1)(A) that qualifying fees shall be fixed no later than February 1 of any year in which a general election is to be held; and WHEREAS, State law provides that such fees shall be three percent (3%) of the total gross salary of the office paid in the preceding year of a salaried office; and WHEREAS, in compliance with House Bill 1470, the City of Milton will be holding elections for Council Seats for Mayor and District 1/Post 1, District 2/Post 1, and District 3/Post 1 in 2017; and WHEREAS, the Internal Revenue Service has held that Councilmembers hold salaried positions; NOW, THEREFORE, the Mayor and Council of the City of Milton, Georgia, pursuant to their authority do hereby adopt a Resolution as follows: 1. The following qualifying fees shall apply to candidates seeking municipal office in the election to be held November 7, 2017: Mayor - $690.00 City Councilmember - $390.00 2. Let a copy of this Resolution be published in a newspaper of general circulation following its adoption. Page 2 of 2 The above Resolution was read and approved by the Mayor and Council of the City of Milton on the 9th day of January, 2017. ______________________________ Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk (Seal) MR HOME pF'THE BEST QUALITY OF LffE W MIGEORGIA' LTOESTAB2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 29, 2016 FROM: Steven Krokoff, City Manage AGENDA ITEM: Consideration of a Resolution Establishing Issues to be Reviewed by the City of Milton Charter Commission. MEETING DATE: Monday, January 9, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: („yAPPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.AYES () NO CITY ATTORNEY REVIEW REQUIRED: (,"(ES () NO APPROVAL BY CITY ATTORNEY: APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 01/59/xr7 REMARKS: © i You= PHONE: 678.242.25001 FAX: 678.242.2499 ® Info4cl arnitton a G'reeri s . C.'a N ga•osl w.cHyolmllron a.�: wit oirpen' y m� } 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "-- C=�N � < « <�..� - a� Page 1 of 7 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. ______ A RESOLUTION ESTABLISHING ISSUES TO BE REVIEWED BY THE CITY OF MILTON CHARTER COMMISSION THE COUNCIL OF THE CITY OF MILTON HEREBY RESOLVES while in regular session on the 9th day of January, 2017 as follows: WHEREAS, pursuant to Section 7.18 of the Charter for the City of Milton, Georgia, five years after the inception of the City of Milton, the mayor and city council shall call for a Charter Commission to review the city's experience and recommend to the General Assembly any changes to the City Charter; and WHEREAS, in accord with Section 7.18 of the Charter, the Milton Charter Commission was established on Monday, December 5, 2011; and WHEREAS, pursuant to the Resolution establishing the Charter Commission, the Milton City Council is required to provide the Charter Commission with a list of those Charter-related issues for which it would request the Commission pay particular attention; and WHEREAS, at the Milton City Council December 12, 2016 work session, the City Manager presented to the City Council a comprehensive list of Charter -related items proposed for the Charter Commission to review (List attached hereto as Exhibit A). WHEREAS, at that the December 12 meeting, the City Council indicated being comfortable with all of the presented items; and, NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, as follows: 1. That the list of Charter issues presented at the December 12, 2016 work session, Exhibit A, is hereby approved by the City Council as the list of items to be tendered to the Charter Commission, with the exception of item “Ordinance Adoption,” on said list. 2. That Exhibit A, less item “Ordinance Adoption”, be forwarded to the Charter Commission as the approved City Council list of Charter-related issues for consideration and review. Page 2 of 7 RESOLVED this 9th day of January, 2017. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) Page 3 of 7 EXHIBIT A Suggested Charter Changes 2016-2017 Section 1.12(b)(9) Municipal powers. Environmental protection and conservation. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm water and establishment of a storm water utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment to include the acquisition and holding of conservation land and conservation easements; Section 6.30 – Procurement and property management. Except as otherwise authorized in this section, no contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city atto rney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to section 3.14 of this Charter. The Council shall be authorized to delegate by Ordinance contract signing authority to the City Manager for contracts with a maximum amount of $50,000 with a term of no more than a single fiscal year, upon the requirement that such c ontracts be subsequently ratified by Council. The Ordinance authorizing such delegation may be repealed at any time by majority approval of the Council. Section 3.15(a) Voting. Except as otherwise provided in subsection (c) of this section, four councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. For voting and quorum purposes, the mayor shall be counted as one of the cou ncilmembers. Voting on the adoption of ordinances shall be by electronic or voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll -call vote and such vote shall be recorded in the journal. No councilmember shall abstain from voting except in the case of a conflict of interest or if absent when a motion being voted upon was made. The councilmember shall provide a specific explanation of the conflict, and the explanation shall be recorded in the journal. Page 4 of 7 Comment - 3.15(a) - This section calls for a voice vote on issues before the council. This should be amended to allow for electronic voting or roll call voting (it currently allows for roll call votes only when requested). We are planning on a system at the new city hall that would automatically display and record their votes. 3.20(a) - Codification of Ordinances. The clerk shall authenticate by the clerk's signature and record in full in a properly indexed digital version or book kept for that purpose all ordinances adopted by the council. Comment – 3.20(a) - This section appears to require the Clerk to maintain a properly indexed book of all ordinances. We should make sure that this would include and allow for digital records of the same thing. Comment - 3.25. We’ve talked about including language in the City Manager’s duties to allow him to execute contracts. There is language in the mayor’s section (3.22(4)) that allows the delegation of that authority but Ken thought it would be cleaner if we put it in the city managers section. 3.22(4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing. The City Council may delegate contract signing authority to the City Manager to the extent allowed by law; Comment - As a possible option for Section 3.25, Johns Creek includes this verbiage in their Charter under city manager’s powers and duties: “Make and execute all lawful contracts on behalf of the city as to matters within said officer's jurisdiction to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the council.” Page 5 of 7 Sec. 3.22(b)(8) – Powers and Duties of Mayor. Have the authority to appoint city council committees and appoint councilmembers to oversee and report on the functions of the various departments of the city, subject to confirmation by the city council. Comment – 3.22(b)(8) – Remove Section 3.22(b)(8) Section 3.28 - Council’s Interference with administration] is in direct conflict with Section 3.22(b)(8) and states: Except for the purpose of inquiries and investigations under section 3.12 of this Charter, the city council and its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. Sec. 1.12-Municipal Powers (b) (40) (C) Remove subsection (C): “For all years, the billing date or dates and due date or dates for municipal ad valorem taxes shall be the same as for Fulton County ad valorem taxes”. (Comment 1.12(b)(40)(C) - Explanation: I believe the initial intent was Milton would contract with Fulton County to include our property taxes on their tax bills. Since we decided to do our own property tax billing, meeting this requirement is impossible due to the fact that the tax files aren’t released to us until after Fulton County has sent their bills. I’ve looked at Dunwoody’s Charter and their subsections (A) and (B) language was identical to ours; however, (C) was left out. Since we have an ordinance that speaks to when taxes should be billed and become due, I think we should remove this language from our Charter.) Section 3.20(b). - Codification of ordinances. (b)The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly togeth er with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Milton, Georgia." Copies of the Code shall be available to all officers, departments, and agencies of the city and shall be made available to the public online free of charge. Page 6 of 7 Comment – 3.20(b) Current charter language reads “Copies of the Code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council.” – MuniCode (Our Code of Ordinances) is on line and “free of charge”). Article II, Section 2.14 – Compensation and Expenses. “The annual salary of the mayor shall be $23,000.00 and the annual salary for each councilmember shall be $13,000.00. Such salary shall be paid from municipal funds in monthly installments. The city council may provide for the reimbursement of expenses actually and necessarily incurred by the mayor and members of the city council in carrying out their official duties.” Comment – 2.14 - Change it from “monthly installments” to “bi-weekly installments”. The current practice is to pay the mayor and council on the same schedule as the rest of the employees, which is bi-weekly.) Article III, Section 3.18 – Emergencies. “To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not… authorize the borrowing of money except for loan to be repair within 30 days.” Comment – 3.18 - Change “repair” to “repaid” Article VI, Section 6.28 (b) – Capital Improvements. “…No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by any recommendations.” Comment – 6.28(b) Change “the mayor” to “the city manager”. The powers and duties of the city manager, as spelled out in section 3.25 of the Charter, includes the preparation and submission of the annual operating budget and capital budget to the city council. It seems as though the responsibility for presenting amendments to the budget would also fall to the city manager.) Page 7 of 7 Article VI, Section 6.31-Purchasing “The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.” Comment – 6.31 – Remove this section. Other municipal Charters do not have a reference to the setup of the purchasing function. The setup should have the ability to fluctuate and grow with the needs of the city. Add to the Charter that the City can be involved in Public Art. HOME OF'THE BEST QUALITY Of LIFE IN GEORGIA' MILTON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 29, 2016 FROM: Steven Krokoff, City Manage(� AGENDA ITEM: Consideration of a Resolution of the Milton City Council to Re - Adopt the Five GMA Ethics Principles for Recertification to be a Georgia Certified City of Ethics. MEETING DATE: Monday, January 9, 2017 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: („ eES () NO CITY ATTORNEY REVIEW REQUIRED: (4*YES () NO APPROVAL BY CITY ATTORNEY. (,,WPPROVED PLACED ON AGENDA FOR: od04I201 REMARKS: () NOT APPROVED I" y Your PHONE: 678.242.25001 FAX: 678.242.2499 3Gre`eri •r.�,w,.a* b:Iz� infofciyofmlMonga.us l www.cByofmlRon a.us CommuniTy O'd ` 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 W - =E^�_� sao... -ate w Page 1 of 2 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION OF THE MILTON CITY COUNCIL TO RE-ADOPT THE FIVE GMA ETHICS PRINCIPLES FOR RECERTIFICATION TO BE A GEORGIA CERTIFIED CITY OF ETHICS WHEREAS, the Board of Directors of the Georgia Municipal Association has established a Certified City of Ethics program; and WHEREAS, the City of Milton, wishes to be certified as a Certified City of Ethics under the GMA Program; and WHEREAS, part of the certification process requires the Mayor and Council to subscribe to the ethics principles approved by the GMA Board; NOW THEREFORE BE IT RESOLVED by the governing authority of the City of Milton, Georgia, that as a group and as individuals, the governing authority subscribes to the following ethics principles and pledges to conduct its affairs accordingly: 1. Serve Others, Not Ourselves 2. Use Resources With Efficiency and Economy 3. Treat All People Fairly 4. Use The Power of Our Position For The Well Being Of Our Constituents 5. Create An Environment Of Honesty, Openness And Integrity; BE IT FURTHER RESOLVED that any resolutions in conflict with this resolution are hereby repealed. Page 2 of 2 SO RESOLVED, this 9th Day of January, 2017. Approved: _____________________________ Joe Lockwood, Mayor _____________________________________ ______________________________ Karen Thurman Bill Lusk _____________________________________ ______________________________ Matt Kunz Burt Hewitt _____________________________________ ______________________________ Joe Longoria Rick Mohrig Attest: _______________________________ Sudie AM Gordon, City Clerk (Seal) HOME QF'THE BEST QUALITY OF LIFE IN GEORGIA' M I LTO-N*k ESTABLISHIED27 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 3, 2017 FROM: Steven Krokoff, City Manager® AGENDA ITEM: Consideration of a Resolution and Ordinance Amending Resolution No. 08-11-54 of the City of Milton, Georgia to Provide for Compensation for the Members of the Milton Parks and Recreation Advisory Board; to Provide for the Repeal of Conflicting Provisions; to Provide an Effective Date; and for Other Lawful Purposes. MEETING DATE: Monday, January 9, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: QVAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ('GES () NO CITY ATTORNEY REVIEW REQUIRED: (,/ rES () NO APPROVAL BY CITY ATTORNEY. (1APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 60/01' /701-7 REMARKS: © * yofilm PHONE: 678.242.25001 FAX: 678.242.2499�. Gmmu t � cz; t i1 iMo�dfyolmllfonga.ua 1 www.ellyofmlMonga.us wnn re Community {, °amu /�►®F 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 <<• � _ x.o... nV 61 Page 1 of 2 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION AND ORDINANCE AMENDING RESOLUTION NO. 08- 11-54 OF THE CITY OF MILTON, GEORGIA TO PROVIDE FOR COMPENSATION FOR THE MEMBERS OF THE MILTON PARKS AND RECREATION ADVISORY BOARD; TO PROVIDE FOR THE REPEAL OF CONFLICTING PROVISIONS; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES. WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and regulations with respect to the protection and preservation of the public health, safety and welfare of its citizens; and WHEREAS, on December 1, 2008, the Mayor and City Council of the City of Milton, Georgia adopted Resolution No. 08-11-54 creating the Milton Parks and Recreation Advisory Board, but did not authorize compensation for the members of the Milton Parks and Recreation Advisory Board; and WHEREAS, the Milton Charter, at Section 4.11, provides: The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. and WHEREAS, the Mayor and City Council have determined that it is in the best interest of the City’s residents to provide compensation for the members of the Milton Parks and Recreation Advisory Board; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY RESOLVES AND ORDAINS as follows: SECTION 1. That Resolution No. 08-11-54 of the City of Milton, GA is amended to add the following sentence to the end of Section 3 Membership: “Each member of the Board shall be compensated in the amount of $50.00 for each meeting of the Board the member attends. For purposes of this section, the term “meeting” shall have the same meaning as set forth in O.C.G.A. 50-14-1(a)(3)(A).” SECTION 2. That all provisions of Resolution No. 08-11-54 in conflict herewith are hereby repealed. SECTION 3. This Resolution shall become effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. Page 2 of 2 SO RESOLVED AND ORDAINED this the 9th day of January. 2017, the public’s health, safety, and welfare demanding it. Approved: ______________________________ Joe Lockwood, Mayor Attest: __________________________ Sudie AM Gordon, City Clerk I HOME OF'r�F 3FST Q ?i.i" Or FE Ird ve`JkGIP' MILT", ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 30, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of Subdivision Plat Approval MEETING DATE: Monday, January 9, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (.j -NO CITY ATTORNEY REVIEW REQUIRED: () YES (,yAO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: al/e9/7641 REMARKS: ©� TNI. Y. PHONE: 678.242.25001 FAX: 678.242.2499 Green .w •�an,�; � n , m ommut IMfcH oyolmlltonga.us I www.clMotmiltonga.us ` 13000 Deerfield Parkway, Suite 107 1 Milton GA 3DD04 c To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on December 28, 2016 for the January 9, 2019 Regular Council Meeting Agenda Item: Consideration of Subdivision Plat Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision plat as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat list, Map, Plats Plat Revision Staff Memo Page 2 of 7 Name of Development/ Location Action Comments/ # lots Total Acres Density 1. Glenview At Arnold Mill, LL 1139,1166 Final Plat Create 41 lots 8.187 5 Lots / acre Plat Revision Staff Memo Page 3 of 7 Plat Revision Staff Memo Page 4 of 7 Plat Revision Staff Memo Page 5 of 7 Plat Revision Staff Memo Page 6 of 7 Plat Revision Staff Memo Page 7 of 7 Ea HOME OF'THE BFST QUALITY OF LIFE IN GEO MILTON*k 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: December 29, 2016 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Appointing Members to the City of Milton Equestrian Committee for District 1 /Post 1 and District 3/Postl . MEETING DATE: Monday, January 9, 2017 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 (-rNO CITY ATTORNEY REVIEW REQUIRED: () YES `y -NO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 6,/61/I01 REMARKS: i Youl PHONE: 678.242.25001 FAX: 678.242.2499 �mg s R� O IMoBcHyoimllfonga.ualwww.cHyofmlNongc.us wnn Comlln L a''d!' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - _•^�••_ •a=+:ate✓ STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING MEMBERS TO THE CITY OF MILTON EQUESTRIAN COMMITTEE FOR DISTRICT 1/POST 1 AND DISTRICT 3/POST 1. BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on the 9th day of January 2017 as follows: SECTION 1. That _______________ (District 1/Post 1) is hereby appointed for a term commencing January 9, 2017 and ending on December 31, 2017 and, SECTION 2. That _______________ (District 3/Post 1) is hereby appointed for a term commencing January 9, 2017 and ending on December 31, 2017 and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this 9th day of January 2017. . Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk