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Home My WebLink AboutAgenda Packet CC - 08/21/2017 - City Council Meeting Agenda Packet 2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, August 21, 2017 Regular Council Meeting Agenda 6:00 PM INVOCATION – Pastor Jerry Dockery Crabapple First Baptist Church, Milton , Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 17-208) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 21, 2017 Page 2 of 4 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 August 2, 2017 Special Called City Council Meeting Minutes. (Agenda Item No. 17-209) (Sudie Gordon, City Clerk) 2. Approval of the August 7, 2017 Regular City Council Meeting Minutes. (Agenda Item No. 17-210) (Sudie Gordon, City Clerk) 3. Approval of the Financial Statements and Investment Report for the Period Ending July 2017. (Agenda Item No. 17-211) (Bernadette Harvill, Finance Director) 4. Approval of an Intergovernmental Agreement between the Fulton County Board of Education (FCBE) and the City of Milton for a Five Year Agreement to use Birmingham Falls Elementary School for Recreational Purposes. (Agenda Item No. 17-212) (Jim Cregge, Parks and Recreation Director) 5. Approval of an Intergovernmental Agreement between the Fulton County Board of Education (FCBE) and the City of Milton for a Five Year Agreement to use Cogburn Woods Elementary School for Recreational Purposes. (Agenda Item No. 17-213) (Jim Cregge, Parks and Recreation Director) 6. Approval of an Intergovernmental Agreement between the Fulton County Board of Education (FCBE) and the City of Milton for a Five Year Agreement to use Hopewell Middle School for Recreational Purposes. (Agenda Item No. 17-214) (Jim Cregge, Parks and Recreation Director) 7. Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for the Renovation of the Police and Court Facilities. (Agenda Item No. 17-215) (Carter Lucas, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 21, 2017 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Chapter 50, Subdivisions of the City Code, Section 50-186(f), Construction Activities Restricted to Certain Hours. (Agenda Item No. 17-216) (Kathleen Field, Community Development Director) 2. Consideration of an Ordinance to Amend Chapter 10, Buildings and Building Regulations of the City Code, Section 10-97, Construction Activities Restricted to Certain Hours. (Agenda Item No. 17-217) (Kathleen Field, Community Development Director) 8) PUBLIC HEARING 1. Consideration of a Resolution Transmitting a Draft Capital Improvements Element, Relating to the City’s Impact Fee Program to the Atlanta Regional Commission for Regional and State Review. (Agenda Item No. 17-218) (Discussed at August 14, 2017 City Council Work Session Meeting) (Michele McIntosh Ross, Principal Planner) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of a Resolution Transmitting a Draft Capital Improvements Element, Relating to the City’s Impact Fee Program to the Atlanta Regional Commission for Regional and State Review. (Agenda Item No. 17-218) (Discussed at August 14, 2017 City Council Work Session Meeting) (Public Hearing on August 21, 2017 Regular City Council Meeting) (Michele McIntosh Ross, Principal Planner) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 21, 2017 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 2. Consideration of Lifting the Moratorium on the Acceptance of Applications for Concept Plan Approval and Applications and Issuance of Land Disturbance Permits for Property Located in the Crabapple Form Based Code that is Adjacent to the Boundaries of the Crabapple Form Based Code District. (Agenda Item No. 17-219) (Ken Jarrard, City Attorney) 3. Consideration of the following Subdivision Plat Approval: Name of Development / Location Action Comments / # lots Total Acres Density 1. Sweet Apple LL 1016 & 1073 Ebenezer Road Final Plat 21 Lots 38.25 .55 Lots / acre (Agenda Item No. 17-220) (Kathleen Field, Community Development Director) 12) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 2. Police 13) EXECUTIVE SESSION (if needed) 14) ADJOURNMENT (Agenda Item No. 17-221) TO: FROM: AGENDA ITEM: MEETING DATE: MILTON'1� ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: August 17, 2017 Steven Krokoff, City Manag¢r �) Approval of the Financial Statements and Investment Report for the Period Ending July 2017. Monday, August 21, 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 (.?'N0 CITY ATTORNEY REVIEW REQUIRED: () YES (,ANO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: X4 Z`' I 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cifyofmiltongo.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on August 16, 2017 for the August 21, 2017 Regular Council Meeting Agenda Item: Financial Statements and Investment Report for Period 10 – July 2017 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are .15% over what is anticipated for the tenth period of the fiscal year. Total expenditures to-date are $20,686,010 and are 10.75% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $21,324,687, capital expenditures-to-date total $6,477,075. 1 of 13 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending July 2017 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 10,668,000 11,716 - 11,716 483,241 362,350 120,891 Motor Vehicle Tax 542,000 40,892 44,820 (3,928) 406,984 403,380 3,604 Intangible Tax 250,000 37,565 20,750 16,815 181,812 186,750 (4,938) Real Estate Transfer Tax 115,000 16,762 9,545 7,217 59,596 85,905 (26,309) Franchise Fees 1,915,900 321,841 321,031 810 1,423,181 1,436,925 (13,744) Local Option Sales Tax 8,400,000 695,899 697,200 (1,301) 6,372,481 6,274,800 97,681 Alcohol Beverage Excise Tax 295,000 31,196 24,485 6,711 229,720 220,365 9,355 Business & Occupation Tax 650,000 2,111 - 2,111 705,656 650,000 55,656 Insurance Premium Tax 2,000,000 - - - - - - Financial Institution Tax 38,150 - - - 38,150 38,150 - Penalties & Interest 33,400 1,589 432 1,156 28,923 32,187 (3,263) Alcohol Beverage Licenses 140,000 135 - 135 146,262 140,000 6,262 Other Non-Business Permits/Licenses 19,485 904 1,400 (496) 18,331 15,788 2,543 Zoning & Land Disturbance Permits 217,200 850 18,093 (17,243) 58,425 180,928 (122,503) Building Permits 480,000 27,123 48,000 (20,877) 314,019 393,600 (79,581) Intergovernmental Revenue - - - - - - - Other Charges for Service 519,700 32,594 33,409 (814) 429,344 454,378 (25,035) Municipal Court Fines 560,000 52,344 52,663 (319) 399,973 466,364 (66,391) Interest Earnings 30,420 8,117 2,535 5,582 64,366 25,350 39,016 Contributions & Donations 23,000 5,000 - 5,000 30,557 23,000 7,557 Other Revenue 82,230 3,350 5,324 (1,973) 88,586 71,667 16,919 Other Financing Sources 1,017,126 88,083 89,332 (1,249) 841,283 840,695 587 Total Revenues 27,996,611 1,378,073 1,369,019 9,054 12,320,891 12,302,582 18,309 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,759 9,139 11,906 (2,767) 116,520 133,124 (16,604) City Clerk 181,077 10,848 14,670 (3,822) 127,534 151,332 (23,797) City Manager 691,336 48,372 50,718 (2,346) 530,408 565,384 (34,975) General Administration 72,818 2,225 3,949 (1,724) 66,011 64,903 1,108 Finance 452,793 28,804 28,987 (183) 360,308 384,624 (24,316) Legal 290,000 - - - 193,125 217,500 (24,375) Information Technology 948,414 55,688 62,262 (6,574) 819,782 798,692 21,091 Human Resources 334,445 18,849 26,045 (7,195) 220,168 276,012 (55,844) Risk Management 283,300 - - - 232,644 225,038 7,605 General Government Buildings 474,354 28,466 30,907 (2,440) 313,974 412,475 (98,501) Communications 205,479 12,233 17,862 (5,629) 134,228 171,733 (37,506) Community Outreach & Engagement 172,443 7,911 9,855 (1,944) 135,069 152,727 (17,659) Municipal Court 298,347 22,723 22,835 (112) 220,715 243,847 (23,132) Police 4,392,507 334,508 362,543 (28,035) 3,192,652 3,669,663 (477,011) Fire 6,680,719 490,048 502,779 (12,731) 5,085,567 5,700,677 (615,110) Public Works 2,427,495 143,291 197,390 (54,099) 1,425,277 2,010,164 (584,886) Parks & Recreation 1,432,760 59,022 83,740 (24,719) 982,850 1,230,737 (247,887) Community Development 952,840 64,413 78,825 (14,412) 691,552 795,147 (103,596) Economic Development 179,869 12,509 14,652 (2,142) 154,398 153,865 533 Debt Service - Capital Lease Payment 852,512 - - - 726,400 852,512 (126,112) Operating Transfers to Other Funds 5,926,518 484,845 500,127 (15,282) 4,956,828 4,923,862 32,966 Operating Reserve 77,828 - 17,679 (17,679) - 42,386 (42,386) Total expenditures 27,494,613 1,833,894 2,037,730 (203,836)20,686,010 23,176,404 (2,490,393) Net Income/(Loss)501,998 (455,822)(8,365,120) Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 305$ -$ -$ (305)$ Hometown Jubilee Vendor Fee - - - - Interest Revenues - 1 11 11 Crabapple Fest Sponsor 8,000 1,000 9,000 1,000 Earth Day Sponsor 2,550 - 500 (2,050) Concert Sponsor - - - - Mayor's Run Sponsor 1,000 - - (1,000) Donations - - 371 371 T-shirt Sales - - - - Mayor's Run Reg. Fees - - 30 30 Roundup Food Sales - - - - Total revenues 11,855$ 1,001$ 9,912$ (1,943)$ EXPENDITURES Current: Special Events 75,065$ 35$ 63,680$ 11,385$ Total Expenditures 75,065$ 35$ 63,680$ 11,385$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 10,550$ 879$ 8,792$ (1,758)$ Transfers in from Hotel/Motel Tax Fund 47,000 - 47,000 - Total other financing sources and uses 57,550$ 879$ 55,792$ (1,758)$ Net change in fund balances (5,660)$ 2,024$ Fund balances - beginning 20,961 20,961 Fund balances - ending 15,301$ 22,985$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2017 3 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ 1,413$ 1,413$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/Federal Funds - 612 19,421 19,421 Interest Revenues/State Funds - 2 18 18 Interest Revenues/Federal Funds - 3 24 24 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 616$ 20,876$ 20,876$ EXPENDITURES Current: Police -$ -$ 758$ (758)$ Total Expenditures -$ -$ 758$ (758)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 20,118$ Fund balances - beginning 114,515 114,515 Fund balances - ending 114,515$ 134,633$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2017 4 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 890,000$ 150,398$ 656,759$ (233,241)$ Interest Revenue - - - - Total revenues 890,000$ 150,398$ 656,759$ (233,241)$ EXPENDITURES Current: Public Safety 890,000$ 221,217$ 506,361$ 383,639$ Total Expenditures 890,000$ 221,217$ 506,361$ 383,639$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Operating Transfer Out to Capital Projects -$ -$ -$ -$ Net change in fund balances -$ 150,398$ Fund balances - beginning 3 3 Fund balances - ending 3$ 150,401$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2017 5 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 67,000$ 6,240$ 56,766$ (10,234)$ Total revenues 67,000$ 6,240$ 56,766$ (10,234)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ 6,240$ 9,766$ (10,234)$ Transfers out to Special Events Fund 47,000 - 47,000 - Total other financing sources and uses 67,000$ 6,240$ 56,766$ (10,234)$ Net change in fund balances -$ -$ Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2017 6 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 95,000$ 95,000$ 856$ 59,676$ (35,324)$ Infrastructure Maint Penalty & Interest - - - 152 152 Sidewalk Replacement Account - - - - - Paving Fund - - 12,000 12,000 12,000 Traffic Calming - - - - - Tree Recompense - 17,000 - 17,000 - Landfill Host Fees 140,000 140,000 - 62,120 (77,880) HYA Fees - - - - Interest Revenue - - 2 114 114 Realized Gain or Loss on Investments - - - - - Cell Tower Lease - 77,412 1,719 63,447 (13,965) Insurance Proceeds/Public Safety - - - - - Insurance Proceeds/Parks & Rec - - - - - Insurance Proceeds/Public Works - - - - - Atlanta HIDTA Stipend - 3,000 - 3,750 750 Capital Lease Proceeds - - - - - Total revenues 235,000$ 332,412 14,577$ 218,259$ (114,153)$ EXPENDITURES Capital Outlay City Council 1,006,589$ 1,006,589$ -$ 47,876$ 958,713$ General Admin 13,762 13,762 - - 13,762 General Govt Bldg 5,021,494 5,851,494 - 4,764,455 1,087,039 Finance - - - - - IT 218,600 218,600 - 130,643 87,958 Court (1,700) - - - - Police 1,278,339 481,339 25,528 436,317 45,022 Fire 1,675,415 1,675,415 - 74,772 1,600,643 Public Works 7,803,020 7,803,020 131,288 538,537 7,264,483 Parks & Recreation 3,662,715 3,662,715 3,922 434,398 3,228,317 Community Development 624,753 611,753 9,251 50,077 561,676 Total Capital Outlay 21,302,987$ 21,324,687$ 169,988$ 6,477,075$ 14,847,612$ Excess of revenues over expenditures (21,067,987)$ (20,992,275) (155,412)$ (6,258,816)$ (14,961,765)$ OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 5,993,380$ 5,915,968$ 483,966$ 4,948,036$ (967,932)$ Transfers in from Capital Grant Fund 100,000 100,000 8,333 83,333 (16,667) Transfers in from E-911 Fund - - - - - Impact Fees/Law Enforcement Fund 15,557 15,557 - - (15,557) Impact Fees/Fire 89,145 89,145 - - (89,145) Impact Fees/Road 111,251 111,251 - - (111,251) Impact Fees/Park 668,123 668,123 - - (668,123) Transfer to the General Fund (243,000) (243,000) (20,250) (202,500) (40,500) Unallocated - - - - - Lease Proceeds - - - - - Proceeds of Sale of Assets - - - - Budgeted Fund Balance - - - - - Total other financing sources and uses 6,734,456$ 6,657,044 472,049$ 4,828,869$ (1,909,175)$ Net change in fund balances (14,333,531)$ (14,335,231) (1,429,947)$ Fund balances - beginning 14,897,782 14,897,782 14,897,782 Fund balances - ending 564,251$ 562,551$ 13,467,835$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2017 7 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ - Realized Gain 11,652 11,652 11,652 Bond Proceeds - - 25,021,104 25,021,104 Total revenues -$ 11,652$ 25,032,757$ 25,032,757$ EXPENDITURES Capital Outlay Bond Principal - - - - Bond Interest - - - - Total Capital Outlay -$ -$ -$ -$ Excess of revenues over expenditures -$ 11,652$ 25,032,757$ 25,032,757$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers out to General Fund - - - - Revenue Bond Proceeds - - - - Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 25,032,757$ Fund balances - beginning - - Fund balances - ending -$ 25,032,757$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2017 8 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax -$ 498,917$ 1,453,937$ 1,453,937 Interest Revenues 48 75 75 Total revenues -$ 498,965$ 1,454,012$ 75$ EXPENDITURES Capital Outlay Public Works - - 12,170 (12,170) Total Capital Outlay -$ -$ 12,170$ (12,170)$ Excess of revenues over expenditures -$ 498,965$ 1,441,842$ 1,441,842$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers out to General Fund - - - - Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 1,441,842$ Fund balances - beginning - - Fund balances - ending -$ 1,441,842$ City of Milton Transportation Local Option Sales Tax (TSPLOST) Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2017 9 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ 500,000$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)50,000 50,000 - 50,000 - CDBG 9,340 9,340 - - (9,340) LMIG Funds 200,000 369,450 - 369,450 0 GDOT HPP Funds 3,736,940 3,736,940 484,557 48,457 (3,688,483) MARTA Grant 71,863 71,863 - 71,861 (2) SR 9 @ Bethany Bend Grant 872 872 - - (872) GDOT-Signage/Landscaping 4,062 4,062 - - (4,062) Trail Connection to Big Creek Greenway - - - - - Interest Revenues - - 27 178 178 Total revenues 4,573,077$ 4,742,527$ 484,585$ 539,947$ (4,202,580)$ EXPENDITURES Capital Outlay Unallocated -$ Public Safety - Public Works 4,953,009$ 5,122,459$ 5,452$ 124,749$ 4,997,710$ Community Development 4,900 4,900 - - 4,900 Total Capital Outlay 4,957,909$ 5,127,359$ 5,452$ 124,749$ 5,002,610$ Excess of revenues over expenditures (384,832)$ (384,832) 479,133$ 415,198$ 800,030$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers in to General Fund - - -$ -$ -$ Transfer Out to Capital Projects Fund (100,000) (100,000) (8,333) (83,333) (16,667) Budgeted Fund Balance - - - - - Total other financing sources and uses (100,000)$ (100,000)$ (8,333)$ (83,333)$ (16,667)$ Net change in fund balances (484,832)$ (484,832)$ 331,865$ Fund balances - beginning 484,997 484,997 484,997 Fund balances - ending 165$ 165$ 816,861$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2017 10 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 26,522$ 3,390$ 32,388$ 5,866$ Law Enforcement Fund 15,557 1,961 14,505 (1,052) Fire Fund 89,145 11,236 83,120 (6,025) Road Fund 111,251 12,806 105,618 (5,633) Park Fund 668,123 87,011 876,329 208,206 Interest Revenues/Admin Fund - 1 7 7 Interest Revenues/Law Enforcement Fund - 1 3 3 Interest Revenues/Fire Fund - 4 17 17 Interest Revenues/Road Fund - 4 21 21 Interest Revenues/Park Fund - 28 179 179 Total revenues 910,598$ 116,442$ 1,112,186$ 201,588$ EXPENDITURES Admin Police Fire Public Works Parks & Recreation Total Capital Outlay -$ -$ -$ -$ Excess of revenues over expenditures 910,598$ 116,442$ 1,112,186$ 201,588$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfer Out to General Fund/Admin (26,522) 26,522 Transfer Out to Capital Projects Fund/Law Enf (15,557) 15,557 Transfer Out to Capital Projects Fund/Fire (89,145) 89,145 Transfer Out to Capital Projects Fund/Road (111,251) 111,251 Transfer Out to Capital Projects Fund/Park (668,123) 668,123 Total other financing sources and uses (910,598)$ -$ -$ 910,598$ Net change in fund balances -$ 1,112,186$ Fund balances - beginning - - Fund balances - ending -$ 1,112,186$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2017 11 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ Interest Revenues 5 115 115 Contributions & Donations - - - - Total revenues -$ 5$ 115$ 115$ EXPENDITURES Capital Outlay General Government Buildings -$ -$ -$ -$ Parks & Recreation 48,059 - 7,220 40,839 Bond Principal - - - - Bond Interest - - - - Total Capital Outlay 48,059$ -$ 7,220$ 40,839$ Excess of revenues over expenditures (48,059)$ 5$ (7,105)$ 40,954$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Transfers out to General Fund (712,604) (59,384) (593,837) (118,767) Revenue Bond Proceeds - - - - Total other financing sources and uses (712,604)$ (59,384)$ (593,837)$ (118,767)$ Net change in fund balances (760,663)$ (600,942)$ Fund balances - beginning 762,158 762,158 Fund balances - ending 1,495$ 161,217$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2017 12 of 13 Amount Percent Yield Money Market - Quantum Bank 7,212,836 51%0.55% Money Market - EastWest Bank 4,836,940 34%0.70% GA Fund 1 2,145,343 15%1.03% Grand Total Investment Portfolio 14,195,119 100% Interest earned to-date 63,090 Budgeted interest 30,000 Variance over/(under)33,090 Month Ending July 31, 2017 Investment Portfolio City of Milton 13 of 13 ,► M I IP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 15, 2017 _N FROM: Steven Krokoff, City Manag r fl AGENDA ITEM: Consideration of an Intergovernmental Agreement between the Fulton County Board of Education (FCBE) and the City of Milton for a five Year Agreement to use Birmingham Falls Elementary School for Recreational Purposes. MEETING DATE: Monday, August 21, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�XPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (-IYES () NO CITY ATTORNEY REVIEW REQUIRED: (.rIES (J NO APPROVAL BY CITY ATTORNEY: (.APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: l J 7c 1 2006 Heritage Walk Milton, GA P: 678.242.2500 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on August 8, 2017 for the August 21, 2017 Regular Council Meeting Agenda Item: Approval of an Intergovernmental Agreement between the Fulton County Board of Education (FCBE) and the City of Milton for a Five Year Agreement to use Birmingham Falls Elementary School for Recreational Purposes ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of an Intergovernmental Agreement between the Fulton County Board of Education (FCBE) and the City of Milton for a Five Year Agreement to use Birmingham Falls Elementary School for Recreational Purposes Executive Summary: In 2011, the City entered into an agreement with FCBE to develop and use the outdoor recreational space at Birmingham Falls Elementary School. The agreement also provides the City first priority access to rent indoor facilities for basketball programming and other activities. That agreement expired in 2016. This is a new agreement for an additional five years. Funding and Fiscal Impact: The City has agreed to continue to provide the maintenance of the outdoor facilities for all five years of this agreement. In addition, the City will make a onetime purchase of additional fencing to help secure the school. This fencing cost, along with the maintenance expenses were anticipated in the FY17 budget. Over the cost of the five years of this agreement, there will be an anticipated average annual cost of $26,740.00. Alternatives: The facilities at Birmingham Falls Elementary School are vital to supporting the Girls Lacrosse programming offered by the Parks and Recreation Department and the projected growth over the next five years. We currently do not have any other options if these facilities are not available to the City. Legal Review: Jeff Strickland – Jarrard & Davis (March 13, 2017) Concurrent Review: Steve Krokoff, City Manager Attachment(s): 1) IGA Agreement with Fulton County Board of Education Birmingham Falls Elementary School INTERGOVERNMENTAL AGREEMENT THIS LEASE AGREEMENT (the "Agreement"), made and entered into as of this day of , 2017, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia acting by and through its authorized officials signing below (hereinafter referred to as "City") and the FULTON COUNTY BOARD OF EDUCATION, a political subdivision of the State of Georgia acting by and through its authorized officials signing below (hereinafter referred to as "FCBE"). Background Information A. FCBE owns certain real property located at 14865 Birmingham Highway, Milton, GA (the "Elementary School Property"), on which Birmingham Falls Elementary School (the "Elementary School") is located. The Elementary School Property is hereinafter referred to as the "School Property." The Elementary School is also referred to herein as a "School." B. The Playing Field (exterior School Facilities) and Gymnasium and Cafeteria (interior School Facilities) (the "Elementary School Facilities") are located on the Elementary School Property. The Elementary School Facilities hereinafter referred to as the "School Facilities" are more particularly identified and described on Exhibit A.1 and A.2, attached hereto and by this reference incorporated herein. C. Pursuant to the Georgia Constitution, Article 9, § 3, t 1, both the City and FCBE are authorized to enter into an Intergovernmental Agreement for the joint use of facilities for recreation. D. FCBE and City desire to enter into this Agreement to provide for the joint use of the School Facilities by FCBE and City. Agreement Now, therefore, in consideration of the premises and mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and FCBE hereby agree as follows: Birmingham Falls Elementary School IGA - 2017 Use of School Facilities by City. FCBE hereby grants the City the right to use the School Facilities on the following terms and conditions: (a.) FCBE expressly reserves priority to use the School Facilities for school activities, including extracurricular activities, from 7:00 a.m. until 5:30 p.m., Monday through Friday, during each Academic Year during the Term of the Agreement. FCBE and City expressly agree that during such times, the School Facilities may be used for the activities of any Fulton County School. As used herein, the term "Academic Year" shall be defined by FCBE on an annual basis. (b.) City shall have no right to use the School Facilities during Regular School Hours unless the principal (the "Principal") of the School on which such School Facilities are located or his or her designee consents to such use in such Principal's sole and absolute discretion. As used herein, the term "Regular School Hours" shall mean the periods from 7:00 a.m. through 3:00 p.m., Monday through Friday throughout each Academic Year during the Term of the Agreement. (c.) City may request the use of the School Facilities after Regular School Hours when FCBE has priority to use such School Facilities (i.e., from 3:00 p.m. until 5:30 p.m., Monday through Friday, throughout each Academic Year during the Term of the Agreement) by notifying the Principal of the School on which such Facilities are located in writing not less than one week prior to the date City desires to use such Facilities. Such Principal shall use reasonable efforts to accommodate such request. (d.) During each Academic Year, City shall have first priority use of the exterior School Facilities Monday through Friday from 5:30 p.m. until dark. City shall have first priority use of the interior facilities Tuesday through Friday from 5:30 pm until 9:00 pm. The City shall have first priority use of the interior and exterior School Facilities Saturdays from 9:00 a.m. until 5:00 p.m., and exterior School Facilities on Sundays from 12:00 p.m. until 5:00 p.m. City shall also have first priority use of the interior and exterior School Facilities during the Non -Academic Year, defined as the time between the end of each Academic Year and the beginning of the next Academic Year. The dates and times for use of the School Facilities during the Non -Academic Year shall be Monday through Saturday 8:00 am until 9:00 pm and on Sundays from 12:00 p.m. until 5:00 p.m. The City may request additional time for the use of the School Facilities during the Non -Academic Year through the School's Principal. The Principal shall use reasonable efforts to accommodate such request. Notwithstanding, City acknowledges that the Principal may schedule special events to be held during the Academic Year and Non -Academic Year while City has first priority use, whereas City will accommodate such scheduled events as long as proper notice of at least thirty (30) days is given by the Principal to the City. FCBE and the City shall determine a mutually agreed upon period of rest for the multi- purpose field for a period of no less than thirty (30) days during the Non -Academic Year in order to maintain the quality of the turf. Birmingham Falls Elementary School IGA - 2017 (e.) Notwithstanding subsection 1(d.) above, FCBE may request the use of the School Facilities during times when City has first priority to use such School Facilities as described above by notifying City in writing not less than one week prior to the date FCBE desires such Facilities. City shall use reasonable efforts to accommodate such requests. FCBE and City expressly agree that during such times, the School facilities may be used for the activities of any Fulton County School. (f) City and FCBE acknowledge that non -City sponsored groups may, from time to time, request the use of the School Facilities or have the right to request the use of the School Facilities. Such groups may be permitted to use the School Facilities provided that (1.) such groups qualify, in FCBE's or its representative's sole discretion, to use the School Facilities under FCBE's policy governing use of school facilities; (2.) both FCBE and City deem the proposed activity to be an appropriate use of the School Facilities; (3.) the use does not interfere in any way with the conduct of school activities, including but not limited to, after-school athletic and other extracurricular activities of whatever nature of any Fulton County School; (4.) the use does not interfere in any way with the conduct of City's recreational activities or policies; (5.) the activity does not conflict with any previously scheduled activities of City or FCBE; (6.) reasonable periods of rest are observed in order to maintain the quality of any turf located on any of the School Facilities, and (7) such non -City sponsored groups agree in writing to the following: (7.1) provide supervisory and security personnel to properly maintain the order and discipline when the School Facilities are being used by such groups; (7.2) vacate the School Facilities and remove refuse promptly after each practice, game or other activity thereon; (7.3) if applicable, secure and lock the School Facilities upon the completion of each practice, game or other activity thereon; (7.4) maintain the exterior or interior School Facilities during the period of use; and (7.5) pay the required "usage" fees, if any, as referenced in Exhibit C, attached hereto and by this reference incorporated herein. When non -City sponsored groups request the use of the School Facilities during the times when City has the priority to use the School Facilities, City will use reasonable efforts to accommodate such requests and will be responsible for scheduling such activities, and City will promptly notify the Principal of the School on which such activities will occur of each such request. The Principal will coordinate such scheduling when non -City sponsored groups request to use the School Facilities during all times when City does not have the exclusive right to use the School Facilities. The Principal shall use reasonable efforts to accommodate such request. (g.) City shall (1.) provide supervisory and security personnel to properly maintain order and discipline when the School Facilities are being used by City; (2.) vacate the School Facilities and remove refuse promptly after each practice, game or other activity thereon; and (3.) if applicable, secure and lock the School Facilities upon completion of each practice, game or other activity thereon. (h.) City and FCBE shall keep all motorized vehicles off grassed areas at subject schools and parking shall be limited to designated areas only. (i.) City's use of the School Facilities is expressly subject to and conditional upon City's compliance with FCBE Policy KG and Procedure KG, which Policy and Procedure are hereby incorporated into this Agreement as referenced in Exhibit D, attached hereto and by this reference incorporated herein. In the event of any conflict between the terms of this Agreement and Policy KG and Procedure KG, the Policy and Procedure shall control. Birmingham Falls Elementary School IGA - 2017 0.) No food or drink with the exception of water shall be allowed in the interior School Facilities. 2. Term of Agreement. This Agreement shall be for a term commencing on the 1St day of August, 2017, and ending on the 31St day of July, 2022, provided that FCBE may cancel this Agreement if City fails to timely remedy any non-compliance with this Agreement within thirty (30) days of written notice of FCBE's intention to cancel the Agreement, notwithstanding the terms of Sections 9, 11 and 14(b.) of this Agreement. 3. Consideration and Expenses. The parties agree that the mutual use of the School Facilities by the parties is the consideration for the entry into this Agreement by both parties and that no rent shall be payable for the use of the exterior School Facilities by either FCBE or City; however, rent shall be payable by the City for the use of the interior School Facilities. Notwithstanding the foregoing, the City agrees that it shall make the initial improvements as described in Exhibit B. The said initial improvements shall be made by the City within the first year of the Term, more specifically during the period recognized as the Non -Academic Year and the said initial improvements shall be completed prior to the next Academic Year. The City shall pay for all usage fees associated for the use of any interior and exterior School Facilities. The applicable usage fees shall be assessed on the basis of the Facility Use fee schedule, as referenced in Exhibit C. The City acknowledges from time to time on a periodic basis FCBE may change the Facility Use fee schedule which the City will abide to such changes. In addition, if FCBE incurs direct costs or expenses (other than maintenance costs, which shall be governed by Section 4 below) solely as a result of the use of FCBE's School Facilities by the City (not including maintenance or utility expenses resulting from the reasonable use of such School Facilities) upon FCBE being made aware of such costs or expenses, FCBE shall notify the City of such costs or expense prior to the City's continued use of such School Facilities, and the City shall be required to reimburse FCBE for such costs or expenses within thirty (30) days of the request. 4. Maintenance of Facilities. (a.) In addition to the obligations contained in subsection 1(g.) above, during the Academic Year, each party shall, at such party's expense, maintain the School Facilities in good condition and repair in relation to each party's use of the Facilities, including without limitation the provision of routine custodial services and landscape maintenance services and the repair and replacement of all equipment and improvements located on the Facilities. City agrees that it will maintain and repair the irrigation systems for the Playing Field at its own cost, which repairs and maintenance shall conform to FCBE's specifications for such irrigation systems, and agrees to keep them in good working order and in compliance with all local codes. In addition, City shall pay for all water used for the irrigation systems for the Playing Field during the term of this Agreement and any renewal terms. Such payment shall be due within sixty (60) days of City's receipt of an invoice based upon an estimate of annual water usage to be provided by FCBE or its designee with a final accounting (and payment or refund) once the actual usage has been determined. Birmingham Falls Elementary School IGA - 2017 Periodic inspections may be performed of the field improvement by FCBE or its agents or employees with any problems (and origin thereof, if identifiable) to be reported to the offices of the FCBE. City shall maintain, at City's sole expense, the Playing Field in a good and safe condition. Maintenance shall include, but not be limited to, mowing the field on a routine basis, fertilizing, re -seeding, and making such improvements as may be necessary or reasonably requested by FCBE subject to those conditions noted in Exhibit B. As used herein, the term "routine custodial services" shall include without limitation, the collection of litter and debris from the School Facilities; weekly removal of the contents of trash receptacles and weekly removal of hazardous items from areas utilized or accessible to staff, students, or visitors. The City shall maintain an adequate level of sanitary supplies as mutually agreed upon by the City and Principal. (b.) During the Term of the Agreement, the City shall maintain the exterior School Facilities during the period of the Non -Academic Year in accordance with the applicable requirements of subsection 4(a.) above. The City shall also maintain the interior School Facilities, in relation to its use of such Facilities, during the Non -Academic Year. (c.) Neither party shall have the right to construct any improvements on the property owned by the other party without such other party's consent, which may be withheld in such other party's sole discretion. During the Term, neither party shall demolish any of the facilities located on such party's property without the consent of the other party hereto, which consent shall not be unreasonably withheld, conditioned or delayed. 5. Utilities. The City shall pay all water for the irrigation of the athletic fields of the exterior School Facilities. FCBE shall pay all other water and electricity charges for the School Facilities. 6. Insurance. The City shall maintain $1 million general liability and property damage insurance covering the School Facilities owned by FCBE and shall maintain $1 million automobile general liability insurance. Each party shall have the right to self -insure. Any third party using the School Facilities or performing work on the School Facilities shall be required to maintain $1 million general liability and property damage insurance covering the Facilities and shall maintain $500,000 automobile general liability insurance, naming both FCBE and City as additional insureds. The types and amounts of coverage required of such third parties shall be reasonably acceptable to FCBE and City. 7. Liability. City shall be responsible for the acts and omissions of City and its agents, contractors or employees. FCBE shall be responsible for the acts and omissions of FCBE and its agents, contractors, or employees. Any third party using the Facilities shall be required to defend, indemnify and hold harmless FCBE and City and their agents and employees against all costs, damages, or claims, whether for personal injury or property damage, arising out of any act or omission of such third party in connection with its use of the School Facilities. Birmingham Falls Elementary School IGA - 2017 8. Casualty. If any of the School Facilities are damaged or destroyed during the Term of the Agreement by a casualty loss, FCBE may elect to rebuild or restore same. If such damage or destruction is due to the acts or omission of the City, then FCBE may elect to rebuild or restore the damaged or destroyed Facilities subject to reimbursement by the City pursuant to the terms of Section 7 above. 9. Condemnation. In the event all or any portion of the School Property is condemned by any legally constituted authority for any public use or purpose, or sold under threat of condemnation, then all condemnation awards or sales proceeds shall belong to the owner of such condemned or sold property, and this Agreement shall terminate as to such property on the date of such condemnation or sale. If a portion of the School Property that contains all of the School Facilities is so condemned or sold then this Agreement shall terminate on the date of such condemnation or sale. 10. Liens. No encumbrances, charges or liens against the School Facilities shall exist because of any action or inaction by either party or such party's independent contractors. Each party shall discharge by bond or otherwise within ten (10) days of notice of existence of any lien, encumbrance or other charge arising because of the actions of such party. 11. Termination. (a.) Either party shall have the right to terminate this Agreement without cause upon ninety (90) days prior written notice. In the event of termination, FCBE shall have no obligation to compensate City, including any compensation for any remaining value of any improvements, and all improvements made by City or on City's behalf shall remain with the School Facilities. (b.) In the event either party defaults in the performance of any of its obligations under this Agreement, the non -defaulting party shall, in addition to all other rights and remedies available to such non -defaulting party at law or in equity, have the right to (1.) provide written notice to the defaulting party of the intention to terminate this Agreement within (30) days of the written notice if such default is not remedied within the 30 days, or (2.) cure such default at the expense of the defaulting party. (c.) The defaulting party, within ten (10) days of the receipt of a statement for reimbursement, shall reimburse the other party for any amount paid and any expense or contractual liability so incurred. Notwithstanding the foregoing, if (1.) such default is of such nature that it cannot reasonably be remedied within such thirty (30) day period, (2.) the defaulting party has commenced its efforts to remedy such default within such thirty (30) day period and is diligently and in good faith pursuing such efforts, and (3.) actually remedies such breach within sixty (60) days from the date it first receives notice of default from the non -defaulting party, the non -defaulting party shall not have the right to terminate this Agreement. 12. Expiration of Term. (a.) Upon the expiration of the Term of the Agreement, all fixed and permanent improvements upon the School Property shall remain the property of FCBE, free and clear of all liens and encumbrances. Either party may remove portable improvements made by such party. A listing of all portable improvements shall be prepared by such party and approved by the other party prior to the removal of said improvements. Except in Birmingham Falls Elementary School IGA - 2017 connection with repairs or replacements, each party covenants not to destroy or remove any improvements constructed (other than portable improvements) or equipment placed upon the other party's property, pursuant to this Agreement or otherwise, without the written consent of the other party, which written consent may not be unreasonably withheld, conditioned, or delayed. (b.) Upon the expiration of the Term, each party agrees to promptly vacate all parts of the other party's Property. All keys held by the City for the School Facilities shall be returned to FCBE within a reasonable time. 13. Notice. Any notice or consent required to be given by or on behalf of any party hereto to any other party shall be in writing and sent by either certified mail (return receipt required) or delivered personally (including by courier or expedited mail service) addressed as follows (or at such address as may be specified from time to time in writing): If to FCBE: Superintendent Fulton County Board of Education 6201 Powers Ferry Road, NW Atlanta, Georgia 30339 With a copy to: Director of Land Management Fulton County Board of Education 6201 Powers Ferry Road, NW Atlanta, Georgia 30339 If to City: Mr. Steve Krokoff, City Manager City of Milton 2006 Heritage Walk Milton, Georgia 30004 With a copy to: Mr. Jim Cregge, Director of Parks and Recreation City of Milton 2006 Heritage Walk Milton, Georgia 30004 All such notices hereunder shall be deemed to have been given on the date of delivery or the date marked on the return receipt unless delivery is refused or cannot be made because of any incorrect address provided by the addressee, in which case the date of postmark shall be deemed notice has been given. Birmingham Falls Elementary School IGA - 2017 14. Miscellaneous. (a.) This Agreement shall be construed as an intergovernmental contract, and no estate shall pass out of FCBE or City. Neither party shall assign its interest in this Agreement or any interest hereunder. (b.) If either party is delayed, hindered or prevented from performing any act or thing required hereunder by reason of strikes, lock -outs, labor troubles, casualties, inability to procure labor, materials or financing, failure or lack of utilities, governmental laws and regulations, riots, insurrection, war, acts of God, inclement weather, or other causes beyond the reasonable control of either party ("Force Majeure"), the delayed party shall not be liable, and the period of performance of any such act shall be extended for a period equivalent to the period of such delay, provided such party provides written notice of such occurrence to the other party within ten (10) days of such occurrence. The foregoing is inapplicable to the payment of money unless such delay is due to an act arising after a party's mailing which affects the physical delivery of the payment. (c) NEITHER PARTY WILL ALLOW THE POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES OR THE USE OF TOBACCO PRODUCTS ON THE SCHOOL FACILITIES AT ANY TIME DURING ITS USE OF THE SCHOOL FACILITIES. (d.) This Agreement constitutes the sole and entire agreement between the parties hereto as of the date hereof, and no modification of this Agreement shall be binding unless attached hereto and signed by City and FCBE. No representation, promise, or inducement not included in this Agreement shall be binding upon any party hereto. (e.) Time is of the essence for each and every provision and stipulation of this Agreement. (f.) Each party acknowledges that this Agreement has been freely negotiated by both parties, and that, in any controversy, dispute or contest over the meaning, interpretation, validity or enforceability of this Agreement or any of its terms or conditions, there shall be no inference, presumption, or conclusion drawn whatsoever against either party by virtue of that party having drafted this Agreement or any portion thereof. (g.) No action or failure to act by any party hereto shall constitute a waiver of any right or duty afforded, to such party under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach of this Agreement except as may be specifically agreed in writing. (h.)This Agreement may be executed in any number of counterparts, each of which shall be an original, but such counterparts shall together constitute one and the same instrument. 15. E -Verify Compliance. Both Parties hereto agree to comply with all obligations and requirements of O.C.G.A. § 13-10-91 as it pertains to securing necessary E -Verify certifications, affidavits and compliance, and shall ensure that affidavits shall be executed for any contractor or subcontractor providing services under or associated with this Agreement. s Birmingham Falls Elementary School IGA - 2017 16. Title VI Compliance. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Parties agree that, during performance of this Agreement, the Parties, for themselves, their assignees and successors in interest, will not discriminate against any employee or applicant for employment, any contractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, the Parties agree to comply with all applicable implementing regulations and shall include the substance of this Section in every contract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal the day and year first above written. CITY OF MILTON By: Name: Title: FULTON COUNTY BOARD OF EDUCATION By:_ Name Title: Patrick Burke Chief of Operations By: Name: Dr. Jeff Rose, Ed.D. Title: Superintendent Birmingham Falls Elementary School IGA - 2017 Witness Notary Public Witness Notary Public Exhibit A.1 (Inventory Drawing of Interior School Facilities -Site Plan) 10 Birmingham Falls Elementary School IGA - 2017 G:Or 4trtitnr Rtaisa km �P=f ^ifaw .,:s r7sf g K•S 'S1 •'S r!S 4-1 69 •ii S►i Aft I ma •1GC Mia &mk I me •1Gt ►7C R 33M -SW 4 Sia Sp Ed TSS'. •-S L!S SI la ■ U; flf 2a m IW OCIVL AwdoCor%v I:r&. r'fi ■ 1 akw Cm,ww4o Ik] r•rP.]f S, ■ :'Yt DOD r" Urknns Ca% RwAwr -h 24 ■ 15 roti wkCLr#1 12 ' MC mr, ■ {.'Sd '.�a Oc"v ■ 2 iXd Exhibit A.1 Exhibit A.2 (Site Plan of Exterior School Facilities) 11 Birmingham Falls Elementary School IGA - 2017 'i 1 5 `.__1111~. 11. i . - -f -�--�--••-i�-- � __� < :.v. �^_S:l t. � ---- i . - - J �' Exhibit B The City shall make the following improvements: The City shall furnish and install additional fencing along the playing fields as agreed to by the principal and shown on Exhibit A.2 The City shall provide the following on-going services to FCBE throughout the term of this agreement: • Irrigating the playing fields • Cutting the grass • Fertilizing the playing fields • Treating fields for insects and disease • Re -sod as needed • Provide portable toilets • Trash removal 12 Birmingham Falls Elementary School IGA - 2017 No Text Exhibit C (Facility Use Fee Schedule) 13 Birmingham Falls Elementary School IGA - 2017 �� ulton Count.v Schools Y Pee Schedule BOARD OF EDUCATION Linda McCain, President Linda P. Bryant, Vice President Julia C. Bernath - Gail Dean ^ Catherine Maddox Katie Reeves ^ Katha Stuart Jeff Rose, Ed.D., Superintendent Leased Area Other Non-profit Youth Pro rams Min Fee (2 HR) Hourly Rate Min Fee (2 HR) Hourly Rate Gymnasium, Elementary School $52.00 $26.00 $26.00 $13.00 Gymnasium, Middle School $74.00 $37.00 $38.00 $19.00 Gymnasium, High School Auxiliary 52.00 $26.00 $26.00 513.00 Gymnasium, High School Main $100.00 $50.00 $52.00 $26.00 PE Multi -Purpose Room $52.00 $26.00 $26.00 13.00 Cafeteria, Elem. School * Room use Does NOT Include "Serving Line" or "Temperature Holding Equipment." $74.00 $37.00 $26.00 $13.00 Cafeteria, Middle School * Room use Does NOT Include "Serving Line" or "Temperature Holding Equipment." $74.00 $37.00 $38.00 $19.00 Cafeteria, High School * Room use Does NOT Include "Serving Line" or "Temperature Holding Equipment." $74.00 $37.00 $38.00 $19.00 Kitchen (Kitchen Staff Fee Req.) $74.00 $37.00 $38.00 $19.00 Serving Line $74.00 $37.00 $38.00 $19.00 Temperature Holding Equipment $74.00 $37.00 $38.00 $19.00 Theater Auditorium $100.00 $50.00 $52.00 $26.00 Media Center Elementary School $52.00 $26.00 $26.00 $13.00 Media Center MS or HS $74.00 $37.00 $38.00 $19.00 Classroom $26.00 $13.00 $12.00 $6.00 Concession Stands $26.00 $13.00 $12.00 $6.00 Non -Stadium Field $38.00 $19.00 $20.00 $10.00 Stadium Field $52.00 $26.00 $26.00 $13.00 Track Asphalt MS ES $26.00 $13.00 $12.00 $6.00 Track High School $52.00 $26.00 $26.00 $13.00 Tennis Court(per Court 14.00 $7.00 $8.00 54.00 Parkin Lot $26.00 $13.00 $12.00 $6.00 Teaching Museum $100.00 $50.00 $52.00 $26.00 Additional Fees Field Lights $26.00 1$13.00 1$26.00 1$13.00 Stadium Lights $84.00 1$42.00 1$42.00 1$21.00 At the Discretion of the Principal Restroom Supplies -Fee Personnel Fees Staff - Custodian $35.00 Staff - Coach $28.00 Staff - Food Service $40.00 Staff - Teacher $28.00 Staff - Technician $28.00 Staff - Resource Officer 1$40.00 Revised by Valerie Epps 06/16/2016 Exhibit D (Policy KG and Procedure KG) 14 Birmingham Falls Elementary School IGA - 2017 12/30/2016 Book Operating Guidelines Section K - General Public Relations Title Use of School Facilities Number KG Status Active Adopted July 1, 1986 Last Revised August 22, 2014 Last Reviewed August 22, 2014 BoardDocs® Policy: KG Use of School Facilities `J lton County Schools Where Students Come First School facilities that are available for use by outside organizations are: gymnasiums, cafeterias/cafetoriums, classrooms, kitchens (provided District cafeteria staff is used with the approved use of kitchen equipment), playing fields and athletic fields, auditoriums, theaters, concession facilities, media centers, conference rooms and common areas. The principal may approve at his/her discretion if an outside organization may use the school facilities during normal school hours. I. Priority for use of Fulton County School District Facilities The primary purpose of the District's school facilities is to provide a suitable setting in which to educate Fulton County students. Therefore, school - sponsored activities shall always take priority over any other use of school facilities. Other groups may be denied use of school facilities or have their permission for use revoked if the principal concludes that the group's use would interfere with school -sponsored activities. The priority for use of District facilities shall be as follows: First priority: School and District -sponsored activities School -Sponsored Activities School -sponsored activities are defined as a school's curricular and extracurricular programs and any other activity undertaken by and in the name of the school. Individual schools may request use of another school's facilities for school -sponsored activities. The principal is responsible for approving and scheduling school -sponsored activities. While facility use fees do not apply for school -sponsored activities, any fees incurred as a result of necessary personnel services, such as custodial or school resource officer, must be paid. District -sponsored Activities In order to be accessible to all areas of the community, schools are occasionally requested to host District events. Schools will be reimbursed by the District for expenses associated with such events. Second priority: School -related support groups and employee organizations School -Related Support Groups School -related support groups are defined as organizations devoted exclusively to the support of the school and school -sponsored activities, such as PTAs, school and District foundations, and booster clubs. Employee Organizations Employee organizations are defined as recognized professional or employee organizations whose membership is limited to Fulton County School District personnel. All meetings or other activities of school -related support groups and employee organizations must be approved in advance by the principal and the facilities department. School -related support groups and employee organizations are not required to pay facility use fees for meetings and activities that directly benefit Fulton County Schools and that have the principal's advance approval. In the event facility use fees are waived by the principal, any fees incurred as a result of necessary personnel services, such as custodial or school resource officer, must be paid. Third priority: Outside youth organizations comprised mainly of students who reside in the District Outside youth organizations or groups whose members are mostly students who reside in the District shall have priority fover other outside organizations for use of school facilities. Outside youth organizations should must apply through the facilities services department. Fourth priority: Other outside organizations The following outside organizations shall be eligible to apply for use of Fulton County School District facilities: (1) organizations with whom District schools have entered into formal partnerships per Policy LEI - Partnerships in Education; (2) non-profit organizations (serving District residents]; (3) public government agencies serving District residents; (4) for-profit businesses , on a case-by-case basis when there is judged to be a substantial benefit to the District; and (S) organizations that are currently approved by the Georgia State Board of Education to serve as Supplemental Educational Services providers, and are currently under contract with the District for the purpose of providing Supplemental Educational Services to eligible District students. For requests for the use of facilities by production companies, including movie, television, theatrical, and/or commercial, the District will retain the right to review artistic content, including script and production schedule for appropriate use in a school setting. http.,//www.boarddocs.com/ga/fessBoard.nsf/goto?open&id=gNCH92469D85# 1/4 12/30/2016 BoardDocs(D Policy: KG Use of School Facilities Outside organizations are welcome to use school facilities when such use is consistent with the Board's policies and does not interfere with the activities of schools or school -related support groups, as determined by the principal and/or the facilities services department. Outside organizations must apply through the facilities services department. II. Lease Agreements for Fulton County School District Facilities Outside organizations including public government agencies requesting to establish an inter -governmental or lease agreement of one year or more involving shared resources which will be of benefit to Fulton County Schools and community should submit a proposal to the principal for consideration and approval by the facilities services department. Proposals approved by the principal and facilities services department will be recommended to the Superintendent and Board with a summary of the proposed terms for approval. Examples of programs that would benefit schools and the community include sports and recreational activities, senior citizen activities and educational programs. In reviewing proposals, priority will be given to programs for youth. If the outside organization provides goods, services, facilities, and equipment that are beneficial to Fulton County Schools, the organization may be exempt from payment of some or all of the customary fees See Section III (D) (8). III. Applvina for Use of School Facilities All facilities use requests must be made to the principal at least 15 district operational days prior to the requested use date. Upon initial approval, the principal will relay the facilities use request to the facilities services department for final approval. The average approval time is 15 days from the time of initial request by an outside organization. Application forms are available on the facilities services department website. The application must be signed by the representative of the outside organization who will be responsible for the activity or event. Please see the Facilities Rental Process Flow Chart below for additional detail. Fulton County Schools Facilities Rental Process Flow Chart April 1, 2014 Reservation Request: Facilities Activation: If 'School Designee" issues Once approval is granted by •te "Principal,' an email is approval, an email is automatically sent to the IF, Pies services Controller' aulomatically sunt to the who reviews and eortf ms the application for insurance, -principes for *w lova payment method, nouns of use, etc. at school IEYEI. STEP 4 STEP • Payrner►t and the Ce ificois of Insurance are to be sem • lo FataTillin Rental OMce at least ten (1D) business 'Requester' completes ord ine days prior to event. facility use application and an L STEP 5 email is automaHcaNy sent to the 'School Designee' for confirmation of facility Ifapproved by'Facilides Services Controller', an availability, payment. hours automatic email is simultaneously sent to all of the of use, etc. 'Schad following parties. An invoice is also generated. Designee' reviews and STEP a .. issues preliminary approval or declines request. STEP 2 'Requester' (external organRations, entitles, etc.) reviews community schod calendar webeite for availability_ STEP 1 Start Legend: = Outside Requestor t1Cihon O = School Personnel Countv School; Facdibes Services Personnel Service Reservation Providers: Confirmation: • 1. LOW ities Services to 1.Oripinal Requestor schedule HVAC for 2. School Pnncipal activation. 3. School Designee • Z custodian(sl 3 Resource Orrrcer(s) ' STEP 7.2 4 School Nutrition STEP L1 NOTE: Average approval time is IS days from the time of initial request by outside organization (contingent on Facilities Services receiving all the necessary information). After event has taken place, outside organization will be notified if additional fees are necessary. Send checks and certificate of insurance to Facilities Rental Office at 5270 Northfield Blvd. College Park, 30349. Pint Transaction: Pa"erd transaction is said to the bank for processing STEP 7.3 Finish Requests to use teaching museums, professional learning centers or other District facilities will be considered on a case by case basis by the facilities services department, in consultation with the building supervisor. A. Facilities Use Application Review http://www.boarddocs.com/gatfossBoard.nsf/goto?open&id=9NCH92469D85# 214 12/30/2016 BoardDocs® Policy: KG Use of School Facilities The following factors will be considered in reviewing an application for facilities use: 1. the type of activity or event; 2. its potential impact on the facility; 3. the duration and frequency of the activity or event; 4, the availability of adequate District personnel to oversee the facility during the activity or event; 5. the number of participants expected; 6. safety and security concerns; 7. previous experience with the organization; 8. potential interference with other activities at the facility; 9. the need for a rest period for the facility or grounds; and 10. other needs or interests of the school or the District. If an outside organization wants to charge an admission fee, it must state the amount of the fee in the application and obtain prior approval, which will be reflected in the facility use agreement. B Facility Use Agreement The facility use agreement must state that at least one authorized representative of the organization shall be present during the activity or event. The organization must agree to indemnify the District for any claim of loss, injury or damage resulting from the organization's use of the school facility. Except for use agreements involving substantial improvements to school property, the maximum term of a use agreement is one year. C. Cancellation of Facility Use Agreement The District reserves the right to deny an outside organization's application or cancel the organization's use agreement when it deems such action to be in the best interest of the District or a school. The outside organization is responsible for providing timely notification to its members or other participants of a cancellation. When schools are closed because of hazardous weather or other emergencies, all use of school facilities is canceled. D. Fees for Outside Organizations 1. To comply with Georgia law, outside organizations must pay certain recovery fees resulting from their use of school facilities, including utilities, security, supervision, clean-up, maintenance, depreciation, overtime and any other costs to the District. Anticipated excessive demands on utilities must be disclosed on the application so that an appropriate fee can be charged. The fee schedule can be obtained from the facilities services department website. Fees may be changed from time to time to reflect current costs. 2. If fees are not paid in full at least five (5) district operational days in advance of the activity or event, permission to use the school facility may be withdrawn or a ten (10) percent penalty fee may be added. 3. Payment should be made to the Fulton County Board of Education and mailed to the facilities services department. At the discretion of the facilities department, payment may be requested in the form of a cashier's check or money order. 4. A custodial fee for clean-up will be assessed if the organization does not leave the facility and grounds clean. 5. The facilities department, in consultation with the principal may require the organization to pay for or to provide police protection or security personnel. 6. Fees paid for the use of school facilities must be posted to a District account, not an individual school account. Schools will be reimbursed for associated personnel and material costs paid from the local school budget. Schools may receive a reimbursement from the District equaling 25% of the facility use fees collected. 7. If an activity is canceled at least two business days in advance of the activity or event, any prepaid user fee will be refunded, less any costs the District has incurred. 8. In -Kind Contributions for Maintenance of Certain School Facilities In certain circumstances, in-kind contributions may be considered as an offset to the hourly facility use rental fee paid by outside organizations. Information regarding acceptable in-kind contributions is distributed annually to principals by the facilities services department. Principals must submit requests for approval of in-kind contributions with the corresponding approved facility use agreement to the facilities services department. Any personnel fees for custodial, resource officer and food services are required to be paid by the outside organization and may not be replaced by in- kind contributions or waived by the principal. E.Insurance In order to protect the School District, outside organizations are required to obtain liability insurance covering the event or activity as referenced on the rental application, lease agreement, and contract. The organization's insurance certificate must be provided to the facilities services department prior to the date of the facility rental. F. Deoosits 1. At the discretion of the facilities services department, outside organizations may be required to pay a deposit for activities involving large groups or activities that may result in damage to school property. Failure to pay a required deposit may result in the cancellation of the use agreement. 2. If school facilities are used on an ongoing basis (monthly, weekly, etc.), a deposit of not less than one month's fee may be required in advance along with the fee for the first month. The deposit will be held by the facilities department and will be returned at the end of the approved use period, less any deductions for damage, unpaid fees or other costs resulting from the use, or may be applied to the facilities use fees incurred by the organization. http://www.boarddocs.com/ga/fessBoard.nsf/goto?open&jd=gNCH92469D85# 3/4 12/30/2016 G. Fundraisina by Outside Oroanizations BoardDocs® Policy: KG Use of School Facilities 1. Fundraising by outside organization must meet the requirements outlined in Policy KEB - Fundraising. 2. Tax-exempt organizations must provide a copy of their IRS determination letter and establish their legitimacy to the satisfaction of the facilities services department before any fundraiser will be allowed. 3. Outside organizations may not use school facilities for any fund-raiser that includes gambling or games of chance. Please see Policy KEB - Fundraisina for additional information. H. Concessions Arrangements for the sale of concessions by outside organizations must be made through the local school principal. I. Political Meetinas Political forums held on school property must comply with Policy K1A - Political Campaign Activities . J. Additional Rules Governing Use of School Facilities by Outside Organizations 1. An outside organization shall not restrict participation in an activity or event taking place at a school facility because of an individual's race, religion, creed, sex, national origin or disability. 2. A school custodian and/or other District employee, as designated by the principal, must be present during interior events or activities, and may be waived by the principal and facilities service department for exterior activities or events. School employees are not permitted to give their building keys to an outside organization. 3. Signs, banners, pennants, etc. may be erected on school property during the facility rental period only if the permission of the principal or designee is obtained in advance and only if such displays do not deface school property. 4. Adequate supervision, as approved by the facilities department in consultation with the principal, must be present for activities involving children. All members of an outside organization participating in an activity involving Fulton County students must complete the Volunteer Safety Information Form available on the District website. 5. Parking is permitted only in designated parking areas. 6. The number of attendees may not exceed the number authorized and must be in compliance with local fire codes. 7. Approved users and their participants must stay in their assigned area at all times. Entry into other areas of the facility will be considered trespassing. 8. Any use of a facility beyond the time specified in their use agreement is subject to additional fees charged in quarter hour increments. 9. All activities must be orderly and lawful and must comply with all federal, state and local laws. 10. Use of lighted athletic fields must end by 10:30 p.m. Lights may remain on until all participants and attendees have safely left the fields. 11. Overnight use of school facilities is permitted only with the explicit written permission of the principal, approval by the facilities services department, and if it is allowable under local fire codes. School buildings are not designed to meet the codes of or permitted for residential occupancy so activities with planned sleep periods (e.g., sleepovers) are not allowed, except as necessitated by emergency. 12. Food and beverages are allowed inside school buildings [and on the school grounds] only if approved by the principal 13. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or on school property. 14. The use of tobacco products is prohibited in school facilities and on school property. 15. Outside organizations may use tables and chairs if requested in advance. A set-up fee will be charged. Requests to use public address systems or audio visual equipment will be considered on a case by case basis by the principal and the facilities services department. A fee will be charged and District personnel must be used to operate such equipment. The following types of District equipment may not be used by outside organizations: musical instruments, athletic equipment, computers, and technical or laboratory equipment. 16. Outside organizations may not make any unapproved modifications to school facilities in order to accommodate their use of the facility. This includes modifications to the electrical, heating, cooling, ventilation or plumbing systems or to the structure or grounds of the facility. 17. Outside organizations may not sublease school facilities to other organizations or individuals or transfer or assign their use agreement to anyone. 18. Individuals are not eligible to apply for use of school facilities. 19. School facilities shall not be used for anything other than the use(s) approved in the use agreement. Cross References: KG - Use Of School Facilities Policy hftp://www.boarddocs.com/ga/fcssBoard.nsf/goto?open&id=gNCH92469D85# 4/4 V I M LTO ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 15, 2017 FROM: Steven Krokoff, City Manager 0 AGENDA ITEM: Consideration of an Intergovernmental Agreement between the Fulton County Board of Education (FCBE) and the City of Milton for a Five Year Agreement to use Cogburn Woods Elementary School for Recreational Purposes. MEETING DATE: Monday, August 21, 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 () NO CITY ATTORNEY REVIEW REQUIRED: (.4"'YES () NO APPROVAL BY CITY ATTORNEY: (4�-APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: e ` /I0 u"1 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on August 8, 2017 for the August 21, 2017 Regular Council Meeting Agenda Item: Approval of an Intergovernmental Agreement between the Fulton County Board of Education (FCBE) and the City of Milton for a Five Year Agreement to use Cogburn Woods Elementary School for Recreational Purposes ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of an Intergovernmental Agreement between the Fulton County Board of Education (FCBE) and the City of Milton for a Five Year Agreement to use Cogburn Woods Elementary School for Recreational Purposes Executive Summary: In 2011, the City entered into an agreement with FCBE to develop and use the outdoor recreational space at Cogburn Woods Elementary School. The agreement also provides the City first priority access to rent indoor facilities for basketball programming and other activities. That agreement expired in 2016. This is a new agreement for an additional five years. Funding and Fiscal Impact: The City has agreed to continue to provide the maintenance of the outdoor facilities for all five years of this agreement. In addition, the City will make a onetime purchase of additional fencing to help secure the school. This fencing cost, along with the maintenance expenses were anticipated in the FY17 budget. Over the cost of the five years of this agreement, there will be an anticipated average annual cost of $24,465.00. Alternatives: The facilities at Cogburn Woods Elementary School are vital to supporting the Boys Lacrosse programming offered by the Parks and Recreation Department and the projected growth over the next five years. We currently do not have any other options if these facilities are not available to the City. Legal Review: Jeff Strickland – Jarrard & Davis (March 13, 2017) Concurrent Review: Steve Krokoff, City Manager Attachment(s): 1) IGA Agreement with Fulton County Board of Education Cogburn Woods Elementary School INTERGOVERNMENTAL AGREEMENT THIS LEASE AGREEMENT (the "Agreement"), made and entered into as of this day of , 2017, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia acting by and through its authorized officials signing below (hereinafter referred to as "City") and the FULTON COUNTY BOARD OF EDUCATION, a political subdivision of the State of Georgia acting by and through its authorized officials signing below (hereinafter referred to as "FCBE"). Background Information A. FCBE owns certain real property located at 13080 Cogburn Road, Milton, GA (the "Elementary School Property"), on which Cogburn Woods Elementary School (the "Elementary School") is located. The Elementary School Property is hereinafter referred to as the "School Property." The Elementary School is also referred to herein as a "School." B. The Playing Field (exterior School Facilities) and Gymnasium and Cafeteria (interior School Facilities) (the "Elementary School Facilities") are located on the Elementary School Property. The Elementary School Facilities hereinafter referred to as the "School Facilities," are more particularly identified and described on Exhibit A.1 and A.2, attached hereto and by this reference incorporated herein. C. Pursuant to the Georgia Constitution, Article 9, § 3, % 1, both the City and FCBE are authorized to enter into an Intergovernmental Agreement for the joint use of facilities for recreation. D. FCBE and City desire to enter into this Agreement to provide for the joint use of the School Facilities by FCBE and City. Agreement Now, therefore, in consideration of the premises and mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and FCBE hereby agree as follows: Cogburn Woods Elementary School IGA - 2017 Use of School Facilities by City. FCBE hereby grants the City the right to use the School Facilities on the following terms and conditions: (a.) FCBE expressly reserves priority to use the School Facilities for school activities, including extracurricular activities, from 7:00 a.m. until 5:30 p.m., Monday through Friday, during each Academic Year during the Term of the Agreement. FCBE and City expressly agree that during such times, the School Facilities may be used for the activities of any Fulton County School. As used herein, the term "Academic Year" shall be defined by FCBE on an annual basis. (b.) City shall have no right to use the School Facilities during Regular School Hours unless the principal (the "Principal") of the School on which such School Facilities are located or his or her designee consents to such use in such Principal's sole and absolute discretion. As used herein, the term "Regular School Hours" shall mean the periods from 7:00 a.m. through 3:00 p.m., Monday through Friday throughout each Academic Year during the Term of the Agreement. (c.) City may request the use of the School Facilities after Regular School Hours when FCBE has priority to use such School Facilities (i.e., from 3:00 p.m. until 5:30 p.m., Monday through Friday, throughout each Academic Year during the Term of the Agreement) by notifying the Principal of the School on which such Facilities are located in writing not less than one week prior to the date City desires to use such Facilities. Such Principal shall use reasonable efforts to accommodate such request. (d.) During each Academic Year, City shall have first priority use of the exterior School Facilities Monday through Friday from 5:30 p.m. until dark. City shall have first priority use of the interior facilities Tuesday through Friday from 5:30 pm until 9:00 pm. The City shall have first priority use of the interior and exterior School Facilities Saturdays from 9:00 a.m. until 5:00 p.m., and exterior School Facilities on Sundays from 12:00 p.m. until 5:00 p.m. City shall also have first priority use of the interior and exterior School Facilities during the Non -Academic Year, defined as the time between the end of each Academic Year and the beginning of the next Academic Year. The dates and times for use of the School Facilities during the Non -Academic Year shall be Monday through Saturday 8:00 am until 9:00 pm and on Sundays from 12:00 p.m. until 5:00 p.m. The City may request additional time for the use of the School Facilities during the Non -Academic Year through the School's Principal. The Principal shall use reasonable efforts to accommodate such request. Notwithstanding, City acknowledges that the Principal may schedule special events to be held during the Academic Year and Non -Academic Year while City has first priority use, whereas City will accommodate such scheduled events as long as proper notice of at least thirty (30) days is given by the Principal to the City. FCBE and the City shall determine a mutually agreed upon period of rest for the multi- purpose field for a period of no less than thirty (30) days during the Non -Academic Year in order to maintain the quality of the turf. Cogburn Woods Elementary School IGA - 2017 (e.) Notwithstanding subsection 1(d.) above, FCBE may request the use of the School Facilities during times when City has first priority to use such School Facilities as described above by notifying City in writing not less than one week prior to the date FCBE desires such Facilities. City shall use reasonable efforts to accommodate such requests. FCBE and City expressly agree that during such times, the School facilities may be used for the activities of any Fulton County School. (f.) City and FCBE acknowledge that non -City sponsored groups may, from time to time, request the use of the School Facilities or have the right to request the use of the School Facilities. Such groups may be permitted to use the School Facilities provided that (1.) such groups qualify, in FCBE's or its representative's sole discretion, to use the School Facilities under FCBE's policy governing use of school facilities; (2.) both FCBE and City deem the proposed activity to be an appropriate use of the School Facilities; (3.) the use does not interfere in any way with the conduct of school activities, including but not limited to, after-school athletic and other extracurricular activities of whatever nature of any Fulton County School; (4.) the use does not interfere in any way with the conduct of City's recreational activities or policies; (5.) the activity does not conflict with any previously scheduled activities of City or FCBE; (6.) reasonable periods of rest are observed in order to maintain the quality of any turf located on any of the School Facilities, and (7.) such non -City sponsored groups agree in writing to the following: (7.1) provide supervisory and security personnel to properly maintain the order and discipline when the School Facilities are being used by such groups; (7.2) vacate the School Facilities and remove refuse promptly after each practice, game or other activity thereon; (7.3) if applicable, secure and lock the School Facilities upon the completion of each practice, game or other activity thereon; (7.4) maintain the exterior or interior School Facilities during the period of use; and (7.5) pay the required "usage" fees, if any, as referenced in Exhibit C, attached hereto and by this reference incorporated herein. When non -City sponsored groups request the use of the School Facilities during the times when City has the priority to use the School Facilities, City will use reasonable efforts to accommodate such requests and will be responsible for scheduling such activities, and City will promptly notify the Principal of the School on which such activities will occur of each such request. The Principal will coordinate such scheduling when non -City sponsored groups request to use the School Facilities during all times when City does not have the exclusive right to use the School Facilities. The Principal shall use reasonable efforts to accommodate such request. (g.) City shall (1.) provide supervisory and security personnel to properly maintain order and discipline when the School Facilities are being used by City; (2.) vacate the School Facilities and remove refuse promptly after each practice, game or other activity thereon; and (3.) if applicable, secure and lock the School Facilities upon completion of each practice, game or other activity thereon. (h.) City and FCBE shall keep all motorized vehicles off grassed areas at subject schools and parking shall be limited to designated areas only. (i.) City's use of the School Facilities is expressly subject to and conditional upon City's compliance with FCBE Policy KG and Procedure KG, which Policy and Procedure are hereby incorporated into this Agreement as referenced in Exhibit D, attached hereto and by this reference incorporated herein. In the event of any conflict between the terms of this Agreement and Policy KG and Procedure KG, the Policy and Procedure shall control. Cogburn Woods Elementary School IGA - 2017 0.) No food or drink with the exception of water shall be allowed in the interior School Facilities. 2. Term of Agreement. This Agreement shall be for a term commencing on the 1St day of August, 2017, and ending on the 3111 day of July, 2022, provided that FCBE may cancel this Agreement if City fails to timely remedy any non-compliance with this Agreement within thirty (30) days of written notice of FCBE's intention to cancel the Agreement, notwithstanding the terms of Sections 9, 11 and 14(b.) of this Agreement. 3. Consideration and Expenses. The parties agree that the mutual use of the School Facilities by the parties is the consideration for the entry into this Agreement by both parties and that no rent shall be payable for the use of the exterior School Facilities by either FCBE or City; however, rent shall be payable by the City for the use of the interior School Facilities. Notwithstanding the foregoing, the City agrees that it shall make the initial improvements as described in Exhibit B. The said initial improvements shall be made by the City within the first year of the Term, more specifically during the period recognized as the Non -Academic Year and the said initial improvements shall be completed prior to the next Academic Year. The City shall pay for all usage fees associated for the use of any interior and exterior School Facilities. The applicable usage fees shall be assessed on the basis of the Facility Use fee schedule, as referenced in Exhibit C. The City acknowledges from time to time on a periodic basis FCBE may change the Facility Use fee schedule which the City will abide to such changes. In addition, if FCBE incurs direct costs or expenses (other than maintenance costs, which shall be governed by Section 4 below) solely as a result of the use of FCBE's School Facilities by the City (not including maintenance or utility expenses resulting from the reasonable use of such School Facilities) upon FCBE being made aware of such costs or expenses, FCBE shall notify the City of such costs or expense prior to the City's continued use of such School Facilities, and the City shall be required to reimburse FCBE for such costs or expenses within thirty (30) days of the request. 4. Maintenance of Facilities. (a.) In addition to the obligations contained in subsection 1(g.) above, during the Academic Year, each party shall, at such party's expense, maintain the School Facilities in good condition and repair in relation to each party's use of the Facilities, including without limitation the provision of routine custodial services and landscape maintenance services and the repair and replacement of all equipment and improvements located on the Facilities. City agrees that it will maintain and repair the irrigation systems for the Playing Field at its own cost, which repairs and maintenance shall conform to FCBE's specifications for such irrigation systems, and agrees to keep them in good working order and in compliance with all local codes. In addition, City shall pay for all water used for the irrigation systems for the Playing Field during the term of this Agreement and any renewal terms. Such payment shall be due within sixty (60) days of City's receipt of an invoice based upon an estimate of annual water usage to be provided by FCBE or its designee with a final accounting (and payment or refund) once the actual usage has been determined. Cogburn Woods Elementary School IGA - 2017 Periodic inspections may be performed of the field improvement by FCBE or its agents or employees with any problems (and origin thereof, if identifiable) to be reported to the offices of the FCBE. City shall maintain, at City's sole expense, the Playing Field in a good and safe condition. Maintenance shall include, but not be limited to, mowing the field on a routine basis, fertilizing, re -seeding, and making such improvements as may be necessary or reasonably requested by FCBE subject to those conditions noted in Exhibit B. As used herein, the term "routine custodial services" shall include without limitation, the collection of litter and debris from the School Facilities; weekly removal of the contents of trash receptacles and weekly removal of hazardous items from areas utilized or accessible to staff, students, or visitors. The City shall maintain an adequate level of sanitary supplies as mutually agreed upon by the City and Principal. (b.) During the Term of the Agreement, the City shall maintain the exterior School Facilities during the period of the Non -Academic Year in accordance with the applicable requirements of subsection 4(a.) above. The City shall also maintain the interior School Facilities, in relation to its use of such Facilities, during the Non -Academic Year. (c.) Neither party shall have the right to construct any improvements on the property owned by the other party without such other party's consent, which may be withheld in such other party's sole discretion. During the Term, neither party shall demolish any of the facilities located on such party's property without the consent of the other party hereto, which consent shall not be unreasonably withheld, conditioned or delayed. 5. Utilities. The City shall pay all water for the irrigation of the athletic fields of the exterior School Facilities. FCBE shall pay all other water and electricity charges for the School Facilities. 6. Insurance. The City shall maintain $1 million general liability and property damage insurance covering the School Facilities owned by FCBE and shall maintain $1 million automobile general liability insurance. Each party shall have the right to self -insure. Any third party using the School Facilities or performing work on the School Facilities shall be required to maintain $1 million general liability and property damage insurance covering the Facilities and shall maintain $500,000 automobile general liability insurance, naming both FCBE and City as additional insureds. The types and amounts of coverage required of such third parties shall be reasonably acceptable to FCBE and City. 7. LiabilitV. City shall be responsible for the acts and omissions of City and its agents, contractors or employees. FCBE shall be responsible for the acts and omissions of FCBE and its agents, contractors, or employees. Any third party using the Facilities shall be required to defend, indemnify and hold harmless FCBE and City and their agents and employees against all costs, damages, or claims, whether for personal injury or property damage, arising out of any act or omission of such third party in connection with its use of the School Facilities. Cogburn Woods Elementary School IGA - 2017 8. Casualty. If any of the School Facilities are damaged or destroyed during the Term of the Agreement by a casualty loss, FCBE may elect to rebuild or restore same. If such damage or destruction is due to the acts or omission of the City, then FCBE may elect to rebuild or restore the damaged or destroyed Facilities subject to reimbursement by the City pursuant to the terms of Section 7 above. 9. Condemnation. In the event all or any portion of the School Property is condemned by any legally constituted authority for any public use or purpose, or sold under threat of condemnation, then all condemnation awards or sales proceeds shall belong to the owner of such condemned or sold property, and this Agreement shall terminate as to such property on the date of such condemnation or sale. If a portion of the School Property that contains all of the School Facilities is so condemned or sold then this Agreement shall terminate on the date of such condemnation or sale. 10. Liens. No encumbrances, charges or liens against the School Facilities shall exist because of any action or inaction by either party or such party's independent contractors. Each party shall discharge by bond or otherwise within ten (10) days of notice of existence of any lien, encumbrance or other charge arising because of the actions of such party. 11. Termination. (a.) Either party shall have the right to terminate this Agreement without cause upon ninety (90) days prior written notice. In the event of termination, FCBE shall have no obligation to compensate City, including any compensation for any remaining value of any improvements, and all improvements made by City or on City's behalf shall remain with the School Facilities. (b) In the event either party defaults in the performance of any of its obligations under this Agreement, the non -defaulting party shall, in addition to all other rights and remedies available to such non -defaulting party at law or in equity, have the right to (1) provide written notice to the defaulting party of the intention to terminate this Agreement within (30) days of the written notice if such default is not remedied within the 30 days, or (2.) cure such default at the expense of the defaulting party. (c) The defaulting party, within ten (10) days of the receipt of a statement for reimbursement, shall reimburse the other party for any amount paid and any expense or contractual liability so incurred. Notwithstanding the foregoing, if (1.) such default is of such nature that it cannot reasonably be remedied within such thirty (30) day period, (2.) the defaulting party has commenced its efforts to remedy such default within such thirty (30) day period and is diligently and in good faith pursuing such efforts, and (3.) actually remedies such breach within sixty (60) days from the date it first receives notice of default from the non -defaulting party, the non -defaulting party shall not have the right to terminate this Agreement. 12. Expiration of Term. (a.) Upon the expiration of the Term of the Agreement, all fixed and permanent improvements upon the School Property shall remain the property of FCBE, free and clear of all liens and encumbrances. Either party may remove portable improvements made by such party. A listing of all portable improvements shall be prepared by such party and approved by the other party prior to the removal of said improvements. Except in Cogburn Woods Elementary School IGA - 2017 connection with repairs or replacements, each party covenants not to destroy or remove any improvements constructed (other than portable improvements) or equipment placed upon the other party's property, pursuant to this Agreement or otherwise, without the written consent of the other party, which written consent may not be unreasonably withheld, conditioned, or delayed. (b.) Upon the expiration of the Term, each party agrees to promptly vacate all parts of the other party's Property. All keys held by the City for the School Facilities shall be returned to FCBE within a reasonable time. 13. Notice. Any notice or consent required to be given by or on behalf of any party hereto to any other party shall be in writing and sent by either certified mail (return receipt required) or delivered personally (including by courier or expedited mail service) addressed as follows (or at such address as may be specified from time to time in writing): If to FCBE: Superintendent Fulton County Board of Education 6201 Powers Ferry Road, NW Atlanta, Georgia 30339 With a copy to: Director of Land Management Fulton County Board of Education 6201 Powers Ferry Road, NW Atlanta, Georgia 30339 If to City: Mr. Steve Krokoff, City Manager City of Milton 2006 Heritage Walk Milton, Georgia 30004 With a copy to: Mr. Jim Cregge, Director of Parks and Recreation City of Milton 2006 Heritage Walk Milton, Georgia 30004 All such notices hereunder shall be deemed to have been given on the date of delivery or the date marked on the return receipt unless delivery is refused or cannot be made because of any incorrect address provided by the addressee, in which case the date of postmark shall be deemed notice has been given. 7 Cogburn Woods Elementary School IGA - 2017 14. Miscellaneous. (a.) This Agreement shall be construed as an intergovernmental contract, and no estate shall pass out of FCBE or City. Neither party shall assign its interest in this Agreement or any interest hereunder. (b.) If either party is delayed, hindered or prevented from performing any act or thing required hereunder by reason of strikes, lock -outs, labor troubles, casualties, inability to procure labor, materials or financing, failure or lack of utilities, governmental laws and regulations, riots, insurrection, war, acts of God, inclement weather, or other causes beyond the reasonable control of either party ("Force Majeure"), the delayed party shall not be liable, and the period of performance of any such act shall be extended for a period equivalent to the period of such delay, provided such party provides written notice of such occurrence to the other party within ten (10) days of such occurrence. The foregoing is inapplicable to the payment of money unless such delay is due to an act arising after a party's mailing which affects the physical delivery of the payment. (c.) NEITHER PARTY WILL ALLOW THE POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES OR THE USE OF TOBACCO PRODUCTS ON THE SCHOOL FACILITIES AT ANY TIME DURING ITS USE OF THE SCHOOL FACILITIES. (d) This Agreement constitutes the sole and entire agreement between the parties hereto as of the date hereof, and no modification of this Agreement shall be binding unless attached hereto and signed by City and FCBE. No representation, promise, or inducement not included in this Agreement shall be binding upon any party hereto. (e)Time is of the essence for each and every provision and stipulation of this Agreement. (f.) Each party acknowledges that this Agreement has been freely negotiated by both parties, and that, in any controversy, dispute or contest over the meaning, interpretation, validity or enforceability of this Agreement or any of its terms or conditions, there shall be no inference, presumption, or conclusion drawn whatsoever against either party by virtue of that party having drafted this Agreement or any portion thereof. (g) No action or failure to act by any party hereto shall constitute a waiver of any right or duty afforded, to such party under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach of this Agreement except as may be specifically agreed in writing. (h.) This Agreement may be executed in any number of counterparts, each of which shall be an original, but such counterparts shall together constitute one and the same instrument. 15. E -Verify Compliance. Both Parties hereto agree to comply with all obligations and requirements of O.C.G.A. § 13-10-91 as it pertains to securing necessary E -Verify certifications, affidavits and compliance, and shall ensure that affidavits shall be executed for any contractor or subcontractor providing services under or associated with this Agreement. Cogburn Woods Elementary School IGA - 2017 16. Title VI Compliance. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Parties agree that, during performance of this Agreement, the Parties, for themselves, their assignees and successors in interest, will not discriminate against any employee or applicant for employment, any contractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, the Parties agree to comply with all applicable implementing regulations and shall include the substance of this Section in every contract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal the day and year first above written. CITY OF MILTON Name: Title: FULTON COUNTY BOARD OF EDUCATION By: Name: Patrick Burke Title: Chief of Operations By:_ Name: Title: Dr. Jeff Rose, Ed. D. Superintendent Cogburn Woods Elementary School IGA - 2017 Witness Notary Public Witness Notary Public Exhibit A.1 (Inventory Drawing of Interior School Facilities -Site Plan) 10 Cogburn Woods Elementary School IGA - 2017 Exhibit A. 1 4 156 56 (:(%r frcl SIcrcti�r r ::t%cw 51. LL!L� Ln ' 51 Cceloc,, 55S.0 171 11711 142. rof 21 fisr 27311 Vj- -.-Pr Deer. 1.1940 14:1' F LY 2.9844 -�id .111crAnD 7770 4,06051 131:'3' Cofetorium 6,536iff 54 135 PI:31-*:)r-1 116 1 rr i A! r-w-mul N 5 l -A 147 cXY slcec.ima 4aSst 1`2 W;)Sn n L 36351' *% 10- km;—� b A% I I R, n BOO T 1 1 L�3 119' 430st 02 C-rm—usi.r— 4.459sf ?1 PE INSTRUCTION Tolal 5,284sf C:kl" .1 CL:J:�%' - 173 LnIr. 12 23551 I +.1 25051 U 162 501ri 25W 16C '141:31.1 Slreesl T635t I BC- • 9.51 1,1355if total c AI 7 1E3 91 "84 B65 Ire u-4 Exhibit A.2 (Site Plan of Exterior School Facilities) 11 Cogburn Woods Elementary School IGA - 2017 Cogburn Woods Elementary School AN M , k - IL k. . . 1, 1Qr Exhibit B The City shall make the following improvements: The City shall furnish and install additional fencing along the playing fields as agreed to by the principal and shown on Exhibit A.2 The City shall provide the following on-going services to FCBE throughout the term of this agreement: • Irrigating the playing fields • Cutting the grass • Fertilizing the playing fields • Treating fields for insects and disease • Re -sod as needed • Provide portable toilets • Trash removal 12 Cogburn Woods Elementary School IGA - 2017 a h0 > Ul cu z cu OJ E ju. 17 Exhibit C (Facility Use Fee Schedule) 13 Cogburn Woods Elementary School IGA - 2017 �Z4iulton Count- Schools Fee Schedule BOARD OF EDUCATION Linda McCain, President Linda P. Bryant, Vice President Julia C. Bernath - Gail Dean - Catherine Maddox Katie Reeves - Katha Stuart Jeff Rose, Ed.D., Superintendent Leased Area Other Non-profit Youth Pro rams Min Fee (2 HR) Hourly Rate Min Fee (2 HR) Hourly Rate Gymnasium, Elementary School $52.00 $26.00 $26.00 $13.00 Gymnasium, Middle School $74.00 $37.00 $38.00 $19.00 Gymnasium, High School Auxiliary 52.00 $26.00 $26.00 $13.00 Gymnasium, High School Main 100.00 $50.00 $52.00 $26.00 PE Multi -Purpose Room $52.00 $26.00 $26.00 13.00 Cafeteria, Elem. School * Room use Does NOT Include "Serving Line" or "Temperature Holding Equipment." $74.00 $37.00 $26.00 $13.00 Cafeteria, Middle School *Room use Does NOT Include "Serving Line" or "Temperature Holding Equipment." $74.00 $37.00 $38.00 $19.00 Cafeteria, High School * Room use Does NOT Include "Serving Line" or "Temperature Holding Equipment." $74.DD $37.00 $38.00 $19.00 Kitchen (Kitchen Staff Fee Req.) $74.00 $37.00 $38.00 $19.00 Serving Line $74.00 $37.00 $38.00 $19.00 Temperature Holding Equipment $74.00 $37.00 $38.00 $19.00 Theater Auditorium $100.00 $50.00 $52.00 $26.00 Media Center Elementary School $52.00 $26.00 $26.00 $13.00 Media Center MS or HS $74.00 $37.00 $38.00 $19.00 Classroom $26.00 $13.00 $12.00 6.00 Concession Stands $26.00 $13.00 $12.00 $6.00 Non -Stadium Field $38.00 $19.00 $20.00 $10.00 Stadium Field $52.00 $26.00 $26.00 $13.00 Track Asphalt MS ES $26.00 $13.00 $12.00 $6.00 Track High School $52.00 $26.00 $26.00 $13.00 Tennis Court(per Court 14.00 $7.00 $8.00 $4.00 Parkin Lot $26.00 $13.00 $6.00 Teaching Museum $100.00 $50.00 $52.00 $26.00 Additional Fees Field Lights $26.00 1$13.00 1$26.00 1$13.00 Stadium Lights $84.00 1$42.00 1$42.00 1$21.00 At the Discretion of the Principal Restroom Su lies Fee Personnel Fees Staff - Custodian $35.00 Staff - Coach $28.00 Staff - Food Service $40.00 Staff - Teacher $28.00 Staff - Technician $28.00 Staff - Resource Officer 1$40.00 Revised by Valerie Epps 06/16/2016 Exhibit D (Policy KG and Procedure KG) 14 Cogburn Woods Elementary School IGA - 2017 12/30/2016 Book Operating Guidelines Section K - General Public Relations Title Use of School Facilities Number KG Status Active Adopted July 1, 1986 Last Revised August 22, 2014 Last Reviewed August 22, 2014 BoardDocs® Policy: KG Use of School Facilities `J lton County Schools Where Students Come first School facilities that are available for use by outside organizations are: gymnasiums, cafeterias/cafetoriums, classrooms, kitchens (provided District cafeteria staff is used with the approved use of kitchen equipment), playing fields and athletic fields, auditoriums, theaters, concession facilities, media centers, conference rooms and common areas. The principal may approve at his/her discretion if an outside organization may use the school facilities during normal school hours. I. Priority for use of Fulton County School District Facilities The primary purpose of the District's school facilities is to provide a suitable setting in which to educate Fulton County students. Therefore, school - sponsored activities shall always take priority over any other use of school facilities. Other groups may be denied use of school facilities or have their permission for use revoked if the principal concludes that the group's use would interfere with school -sponsored activities. The priority for use of District facilities shall be as follows: First priority: School and District -sponsored activities School -Sponsored Activities School -sponsored activities are defined as a school's curricular and extracurricular programs and any other activity undertaken by and in the name of the school. Individual schools may request use of another school's facilities for school -sponsored activities. The principal is responsible for approving and scheduling school -sponsored activities. While facility use fees do not apply for school -sponsored activities, any fees incurred as a result of necessary personnel services, such as custodial or school resource officer, must be paid. District -sponsored Activities In order to be accessible to all areas of the community, schools are occasionally requested to host District events. Schools will be reimbursed by the District for expenses associated with such events. Second priority: School -related support groups and employee organizations School -Related Support Groups School -related support groups are defined as organizations devoted exclusively to the support of the school and school -sponsored activities, such as PTAs, school and District foundations, and booster clubs. Employee Oroanizations Employee organizations are defined as recognized professional or employee organizations whose membership is limited to Fulton County School District personnel. All meetings or other activities of school -related support groups and employee organizations must be approved in advance by the principal and the facilities department. School -related support groups and employee organizations are not required to pay facility use fees for meetings and activities that directly benefit Fulton County Schools and that have the principal's advance approval. In the event facility use fees are waived by the principal, any fees incurred as a result of necessary personnel services, such as custodial or school resource officer, must be paid. Third priority: Outside youth organizations comprised mainly of students who reside in the District Outside youth organizations or groups whose members are mostly students who reside in the District shall have priority ,;over other outside organizations for use of school facilities. Outside youth organizations should must apply through the facilities services department. Fourth priority: Other outside organizations The following outside organizations shall be eligible to apply for use of Fulton County School District facilities: (1) organizations with whom District schools have entered into formal partnerships per Policy LEI - Partnerships in Education; (2) non-profit organizations [serving District residents]; (3) public government agencies serving District residents; (4) for-profit businesses , on a case-by-case basis when there is judged to be a substantial benefit to the District; and (5) organizations that are currently approved by the Georgia State Board of Education to serve as Supplemental Educational Services providers, and are currently under contract with the District for the purpose of providing Supplemental Educational Services to eligible District students. For requests for the use of facilities by production companies, including movie, television, theatrical, and/or commercial, the District will retain the right to review artistic content, including script and production schedule for appropriate use in a school setting. http:/ANww.boarddocs.com/galfcssBoard.nsf/goto?open&id=9NCH92469D85# 1/4 12/30/2016 BoardDocs® Policy: KG Use of School Facilities Outside organizations are welcome to use school facilities when such use is consistent with the Board's policies and does not interfere with the activities of schools or school -related support groups, as determined by the principal and/or the facilities services department. Outside organizations must apply through the facilities services department. II. Lease Agreements for Fulton County School District Facilities Outside organizations including public government agencies requesting to establish an inter -governmental or lease agreement of one year or more involving shared resources which will be of benefit to Fulton County Schools and community should submit a proposal to the principal for consideration and approval by the facilities services department. Proposals approved by the principal and facilities services department will be recommended to the Superintendent and Board with a summary of the proposed terms for approval. Examples of programs that would benefit schools and the community include sports and recreational activities, senior citizen activities and educational programs. In reviewing proposals, priority will be given to programs for youth. If the outside organization provides goods, services, facilities, and equipment that are beneficial to Fulton County Schools, the organization may be exempt from payment of some or all of the customary fees See Section III (D) (8). III. AwAyina for Use of School Facilities All facilities use requests must be made to the principal at least 15 district operational days prior to the requested use date. Upon initial approval, the principal will relay the facilities use request to the facilities services department for final approval. The average approval time is 15 days from the time of initial request by an outside organization. Application forms are available on the facilities services department website. The application must be signed by the representative of the outside organization who will be responsible for the activity or event. Please see the Facilities Rental Process Flow Chart below for additional detail. Fulton County Schools Facilities Rental Process Flow Chart April 1, 2014 Reservation Request: Facilities Activation: If "School De!pgree' issues Orce approval is granted by the "Principal,' an email is approval, an entail is autynatical'y sent to the "Fncitles Services Controller' auiomaticafty sent b the who rev ews and confirms the application for insurance, prncipar for final approval payment method, hours of use, etc - at school level- STEP4 STEP 3 Payment and the Ceriictle d kisurarce are to be seri to Facilities Rental 05ce at least len (10) business Requester' completes onlin days prior to evert facility use application and an "TEP 5 .... . email is automatically sent to the 'School Designee' for confirrnation of facility availability, payment. hours of use, etc. "School Designee` reviews and issues prehirnmry approval or declines request. STEP 2 'Requester• (extemal organizations, entities, etc.) reviews community school calendar wefisite for availability_ STEP 1 Start Leoend: = Outside Requestor on C� ]tho Schools" = School Personnel r71 = Facilities Services Personnel If approved by 'Facilities Services Controller', an automatic email s simultaneously sent to all of the fol;owiig parties- An invoice is also generated. STEP e r-_ Service Reservation Payment Providers: Confirmation: Transaction: • t. Utilities Services to t. Onpinal Regrxs0or Payrwgv transaction sdhedule WAC for 2 Seh Principal is sent to the bank for activation. 3. school Desiree Processing. 2- Custodran(sl STEP 7.2 STEP 7.3 3 Resouroe serfs) All. School Rutrition STEP 7.1 NOTE: Average approval time is 15 days from the time of initial request by outside organization (contingent on Facilities Services receiving all the necessary information). After event has taken place. outside organization will be notified if additional fees are necessary. Send checks and certificate of insurance to Facilities Rental Office at 5270 Northfield Blvd. College Park. 30349. Requests to use teaching museums, professional learning centers or other District facilities will be considered on a case by case basis by the facilities services department, in consultation with the building supervisor. A. Facilities Use Application Review http:/ANww.boarddoes.com/gaffess/Board.nsf/goto?open&id=9NCH92469D85# 214 12130/2016 BoardDocs® Policy: KG Use of School Facilities The following factors will be considered in reviewing an application for facilities use: 1. the type of activity or event; 2. its potential impact on the facility; 3. the duration and frequency of the activity or event; 4. the availability of adequate District personnel to oversee the facility during the activity or event; 5. the number of participants expected; 6. safety and security concerns; 7. previous experience with the organization; 8. potential interference with other activities at the facility; 9. the need for a rest period for the facility or grounds; and 10. other needs or interests of the school or the District. If an outside organization wants to charge an admission fee, it must state the amount of the fee in the application and obtain prior approval, which will be reflected in the facility use agreement. B Facility Use Agreement The facility use agreement must state that at least one authorized representative of the organization shall be present during the activity or event. The organization must agree to indemnify the District for any claim of loss, injury or damage resulting from the organization's use of the school facility. Except for use agreements involving substantial improvements to school property, the maximum term of a use agreement is one year. C. Cancellation of Facility Use Agreement The District reserves the right to deny an outside organization's application or cancel the organization's use agreement when it deems such action to be in the best interest of the District or a school. The outside organization is responsible for providing timely notification to its members or other participants of a cancellation. When schools are closed because of hazardous weather or other emergencies, all use of school facilities is canceled. D. Fees for Outside Organizations 1. To comply with Georgia law, outside organizations must pay certain recovery fees resulting from their use of school facilities, including utilities, security, supervision, clean-up, maintenance, depreciation, overtime and any other costs to the District. Anticipated excessive demands on utilities must be disclosed on the application so that an appropriate fee can be charged. The fee schedule can be obtained from the facilities services department website. Fees may be changed from time to time to reflect current costs. 2. If fees are -not paid in full at least five (5) district operational days in advance of the activity or event, permission to use the school facility may be withdrawn or a ten (10) percent penalty fee may be added. 3. Payment should be made to the Fulton County Board of Education and mailed to the facilities services department. At the discretion of the facilities department, payment may be requested in the form of a cashier's check or money order. 4. A custodial fee for clean-up will be assessed if the organization does not leave the facility and grounds clean. 5. The facilities department, in consultation with the principal may require the organization to pay for or to provide police protection or security personnel. 6. Fees paid for the use of school facilities must be posted to a District account, not an individual school account. Schools will be reimbursed for associated personnel and material costs paid from the local school budget. Schools may receive a reimbursement from the District equaling 25% of the facility use fees collected. 7. If an activity is canceled at least two business days in advance of the activity or event, any prepaid user fee will be refunded, less any costs the District has incurred. 8. In -Kind Contributions for Maintenance of Certain School Facilities In certain circumstances, in-kind contributions may be considered as an offset to the hourly facility use rental fee paid by outside organizations. Information regarding acceptable in-kind contributions is distributed annually to principals by the facilities services department. Principals must submit requests for approval of in-kind contributions with the corresponding approved facility use agreement to the facilities services department. Any personnel fees for custodial, resource officer and food services are required to be paid by the outside organization and may not be replaced by in- kind contributions or waived by the principal. E.Insurance In order to protect the School District, outside organizations are required to obtain liability insurance covering the event or activity as referenced on the rental application, lease agreement, and contract. The organization's insurance certificate must be provided to the facilities services department prior to the date of the facility rental. F. Deoosits 1. At the discretion of the facilities services department, outside organizations may be required to pay a deposit for activities involving large groups or activities that may result in damage to school property. Failure to pay a required deposit may result in the cancellation of the use agreement. 2. If school facilities are used on an ongoing basis (monthly, weekly, etc.), a deposit of not less than one month's fee may be required in advance along with the fee for the first month. The deposit will be held by the facilities department and will be returned at the end of the approved use period, less any deductions for damage, unpaid fees or other costs resulting from the use, or may be applied to the facilities use fees incurred by the organization. hftp://www.boarddocs.com/galfcss/Board.nsf/goto?open&id=9NCH92469D85# 3/4 12/30/2016 G. Fundraising by Outside Organizations BoardDocs® Policy: KG Use of School Facilities 1. Fundraising by outside organization must meet the requirements outlined in Policy KEB - Fundraising. 2. Tax-exempt organizations must provide a copy of their IRS determination letter and establish their legitimacy to the satisfaction of the facilities services department before any fundraiser will be allowed. 3. Outside organizations may not use school facilities for any fund-raiser that includes gambling or games of chance. Please see Policy KEB - Fundraisino for additional information. H. Concessions Arrangements for the sale of concessions by outside organizations must be made through the local school principal. L Political Meetinas Political forums held on school property must comply with Policy KIA - Political Camoaian Activities . 1. Additional Rules Governing Use of School Facilities by Outside Oroanizations 1. An outside organization shall not restrict participation in an activity or event taking place at a school facility because of an individual's race, religion, creed, sex, national origin or disability. 2. A school custodian and/or other District employee, as designated by the principal, must be present during interior events or activities, and may be waived by the principal and facilities service department for exterior activities or events. School employees are not permitted to give their building keys to an outside organization. 3. Signs, banners, pennants, etc. may be erected on school property during the facility rental period only if the permission of the principal or designee is obtained in advance and only if such displays do not deface school property. 4. Adequate supervision, as approved by the facilities department in consultation with the principal, must be present for activities involving children. All members of an outside organization participating in an activity involving Fulton County students must complete the Volunteer Safety Information Form available on the District website. 5. Parking is permitted only in designated parking areas. 6. The number of attendees may not exceed the number authorized and must be in compliance with local fire codes. 7. Approved users and their participants must stay in their assigned area at all times. Entry into other areas of the facility will be considered trespassing. 8. Any use of a facility beyond the time specified in their use agreement is subject to additional fees charged in quarter hour increments. 9. All activities must be orderly and lawful and must comply with all federal, state and local laws. 10. Use of lighted athletic fields must end by 10:30 p.m. Lights may remain on until all participants and attendees have safely left the fields. 11. Overnight use of school facilities is permitted only with the explicit written permission of the principal, approval by the facilities services department, and if it is allowable under local fire codes. School buildings are not designed to meet the codes of or permitted for residential occupancy so activities with planned sleep periods (e.g., sleepovers) are not allowed, except as necessitated by emergency. 12. Food and beverages are allowed inside school buildings [and on the school grounds) only if approved by the principal 13. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or on school property. 14. The use of tobacco products is prohibited in school facilities and on school property. 15. Outside organizations may use tables and chairs if requested in advance. A set-up fee will be charged. Requests to use public address systems or audio visual equipment will be considered on a case by case basis by the principal and the facilities services department. A fee will be charged and District personnel must be used to operate such equipment. The following types of District equipment may not be used by outside organizations: musical instruments, athletic equipment, computers, and technical or laboratory equipment. 16. Outside organizations may not make any unapproved modifications to school facilities in order to accommodate their use of the facility. This includes modifications to the electrical, heating, cooling, ventilation or plumbing systems or to the structure or grounds of the facility. 17. Outside organizations may not sublease school facilities to other organizations or individuals or transfer or assign their use agreement to anyone. 18. Individuals are not eligible to apply for use of school facilities. 19. School facilities shall not be used for anything other than the use(s) approved in the use agreement. Cross References: KG - Use Of School Facilities Policy http-//www.boarddocs.com/ga/fcssBoard.nsf/goto?open&id=9NCH92469D85# 4/4 P I LTO P �! M 11r6 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 15, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Intergovernmental Agreement between the Fulton County Board of Education (FCBE) and the City of Milton for a Five Year Agreement to use Hopewell Middle School for Recreational Purposes. MEETING DATE: Monday, August 21, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�4PROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,J tES () NO CITY ATTORNEY REVIEW REQUIRED: (,KES () NO APPROVAL BY CITY ATTORNEY: (_J4PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.2500 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0O00 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on August 8, 2017 for the August 21, 2017 Regular Council Meeting Agenda Item: Approval of an Intergovernmental Agreement between the Fulton County Board of Education (FCBE) and the City of Milton for a Five Year Agreement to use Hopewell Middle School for Recreational Purposes ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of an Intergovernmental Agreement between the Fulton County Board of Education (FCBE) and the City of Milton for a Five Year Agreement to use Hopewell Middle School for Recreational Purposes Executive Summary: In 2011, the City entered into an agreement with FCBE to develop and use the outdoor recreational space at Hopewell Middle School. The agreement also provides the City first priority access to rent indoor facilities for basketball programming, Camp Joyful Soles and other activities. That agreement expired in 2016. This is a new agreement for an additional five years. Funding and Fiscal Impact: The City has agreed to continue to provide the maintenance of the outdoor facilities for all five years of this agreement. In addition, the City will has agreed to perform an annual re-surfacing of the gymnasium floor at an estimated cost of $2,000.00. This cost, along with the maintenance expenses were anticipated in the FY17 budget. Over the cost of the five years of this agreement, there will be an anticipated average annual cost of $27,462.00. Alternatives: The facilities at Hopewell Middle School are vital to supporting the programming offered by the Parks and Recreation Department and the projected growth over the next five years. We currently do not have any other options if these facilities are not available to the City. Legal Review: Jeff Strickland – Jarrard & Davis (March 13, 2017) Concurrent Review: Steve Krokoff, City Manager Attachment(s): 1) IGA Agreement with Fulton County Board of Education Hopewell Middle School INTERGOVERNMENTAL AGREEMENT THIS LEASE AGREEMENT (the "Agreement"), made and entered into as of this day of , 2017, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia acting by and through its authorized officials signing below (hereinafter referred to as "City") and the FULTON COUNTY BOARD OF EDUCATION, a political subdivision of the State of Georgia acting by and through its authorized officials signing below (hereinafter referred to as "FCBE"). Background Information A. FCBE owns certain real property located at 13060 Cogburn Road, Milton, GA (the "Middle School Property"), on which Hopewell Middle School (the "Middle School") is located. The Middle School Property is hereinafter referred to as the "School Property." The Middle School is also referred to herein as a "School." B. A multi-purpose field, baseball/softball field, track, outside basketball courts and tennis courts (exterior School Facilities), gymnasium and cafeteria -(interior School Facilities) (the "Middle School Facilities") are located on the School Property. The Middle School Facilities hereinafter referred to as the "School Facilities," are more particularly identified and described on Exhibit A.1 and A.2, attached hereto and by this reference incorporated herein. C. Pursuant to the Georgia Constitution, Article 9, § 3, % 1, both the City and FCBE are authorized to enter into an Intergovernmental Agreement for the joint use of facilities for recreation. D. FCBE and City desire to enter into this Agreement to provide for the joint use of the School Facilities by FCBE and City. Agreement Now, therefore, in consideration of the premises and mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and FCBE hereby agree as follows: Hopewell Middle School IGA - 2017 Use of School Facilities by City. FCBE hereby grants the City the right to use the School Facilities on the following terms and conditions: (a.) FCBE expressly reserves priority to use the School Facilities for school activities, including extracurricular activities, from 7:00 a.m. until 5:30 p.m., Monday through Friday, during each Academic Year during the Term of the Agreement. FCBE and City expressly agree that during such times, the School Facilities may be used for the activities of any Fulton County School. As used herein, the term "Academic Year" shall be defined by FCBE on an annual basis. (b.) City shall have no right to use the School Facilities during Regular School Hours unless the principal (the "Principal") of the School on which such School Facilities are located or his or her designee consents to such use in such Principal's sole and absolute discretion. As used herein, the term "Regular School Hours" shall mean the periods from 7:00 a.m. through 3:00 p.m., Monday through Friday throughout each Academic Year during the Term of the Agreement. (c.) City may request the use of the School Facilities after Regular School Hours when FCBE has priority to use such School Facilities (i.e., from 3:00 p.m. until 5:30 p.m., Monday through Friday, throughout each Academic Year during the Term of the Agreement) by notifying the Principal of the School on which such Facilities are located in writing not less than one week prior to the date City desires to use such Facilities. Such Principal shall use reasonable efforts to accommodate such request. (d.) During each Academic Year, City shall have first priority use of the exterior School Facilities Monday through Friday from 5:30 p.m. until dark. City shall have first priority use of the interior facilities Tuesday through Friday from 5:30 pm until 9:00 pm. The City shall have first priority use of the interior and exterior School Facilities Saturdays from 9:00 a.m. until 5:00 p.m., and exterior School Facilities on Sundays from 12:00 p.m. until 5:00 p.m. City shall also have first priority use of the interior and exterior School Facilities during the Non -Academic Year, defined as the time between the end of each Academic Year and the beginning of the next Academic Year. The dates and times for use of the School Facilities during the Non -Academic Year shall be Monday through Saturday 8:00 am until 9:00 pm and on Sundays from 12:00 p.m. until 5:00 p.m. The City may request additional time for the use of the School Facilities during the Non -Academic Year through the School's Principal. The Principal shall use reasonable efforts to accommodate such request. Notwithstanding, City acknowledges that the Principal may schedule special events to be held during the Academic Year and Non -Academic Year while City has first priority use, whereas City will accommodate such scheduled events as long as proper notice of at least thirty (30) days is given by the Principal to the City. FCBE and the City shall determine a mutually agreed upon period of rest for the multi- purpose field for a period of no less than thirty (30) days during the Non -Academic Year in order to maintain the quality of the turf. Hopewell Middle School IGA - 2017 (e) Notwithstanding subsection 1(d.) above, FCBE may request the use of the School Facilities during times when City has first priority to use such School Facilities as described above by notifying City in writing not less than one week prior to the date FCBE desires such Facilities. City shall use reasonable efforts to accommodate such requests. FCBE and City expressly agree that during such times, the School facilities may be used for the activities of any Fulton County School. (f.) City and FCBE acknowledge that non -City sponsored groups may, from time to time, request the use of the School Facilities or have the right to request the use of the School Facilities. Such groups may be permitted to use the School Facilities provided that (1.) such groups qualify, in FCBE's or its representative's sole discretion, to use the School Facilities under FCBE's policy governing use of school facilities; (2.) both FCBE and City deem the proposed activity to be an appropriate use of the School Facilities; (3.) the use does not interfere in any way with the conduct of school activities, including but not limited to, after-school athletic and other extracurricular activities of whatever nature of any Fulton County School; (4.) the use does not interfere in any way with the conduct of City's recreational activities or policies; (5.) the activity does not conflict with any previously scheduled activities of City or FCBE; (6.) reasonable periods of rest are observed in order to maintain the quality of any turf located on any of the School Facilities, and (7.) such non -City sponsored groups agree in writing to the following: (7.1) provide supervisory and security personnel to properly maintain the order and discipline when the School Facilities are being used by such groups; (7.2) vacate the School Facilities and remove refuse promptly after each practice, game or other activity thereon; (7.3) if applicable, secure and lock the School Facilities upon the completion of each practice, game or other activity thereon; (7.4) maintain the exterior or interior School Facilities during the period of use; and (7.5) pay the required "usage" fees, if any, as referenced in Exhibit C, attached hereto and by this reference incorporated herein. When non -City sponsored groups request the use of the School Facilities during the times when City has the priority to use the School Facilities, City will use reasonable efforts to accommodate such requests and will be responsible for scheduling such activities, and City will promptly notify the Principal of the School on which such activities will occur of each such request. The Principal will coordinate such scheduling when non -City sponsored groups request to use the School Facilities during all times when City does not have the exclusive right to use the School Facilities. The Principal shall use reasonable efforts to accommodate such request. (g.)City shall (1.) provide supervisory and security personnel to properly maintain order and discipline when the School Facilities are being used by City; (2.) vacate the School Facilities and remove refuse promptly after each practice, game or other activity thereon; and (3.) if applicable, secure and lock the School Facilities upon completion of each practice, game or other activity thereon. (h) City and FCBE shall keep all motorized vehicles off grassed areas at subject schools and parking shall be limited to designated areas only. (i.) City's use of the School Facilities is expressly subject to and conditional upon City's compliance with FCBE Policy KG and Procedure KG, which Policy and Procedure are hereby incorporated into this Agreement as referenced in Exhibit D, attached hereto and by this reference incorporated herein. In the event of any conflict between the terms of this Agreement and Policy KG and Procedure KG, the Policy and Procedure shall control. Hopewell Middle School IGA - 2017 Q.) No food or drink with the exception of water shall be allowed in the interior School Facilities. 2. Term of Agreement. This Agreement shall be for a term commencing on the 11 day of August, 2017, and ending on the 31s' day of July, 2022, provided that FCBE may cancel this Agreement if City fails to timely remedy any non-compliance with this Agreement within thirty (30) days of written notice of FCBE's intention to cancel the Agreement, notwithstanding the terms of Sections 9, 11 and 14(b.) of this Agreement. 3. Consideration and Expenses. The parties agree that the mutual use of the School Facilities by the parties is the consideration for the entry into this Agreement by both parties and that no rent shall be payable for the use of the exterior School Facilities by either FCBE or City; however, rent shall be payable by the City for the use of the interior School Facilities. Notwithstanding the foregoing, the City agrees that it shall make the initial improvements as described in Exhibit B. The said initial improvements shall be made by the City within the first year of the Term, more specifically during the period recognized as the Non -Academic Year and the said initial improvements shall be completed prior to the next Academic Year. The City shall pay for all usage fees associated for the use of any interior and exterior School Facilities. The applicable usage fees shall be assessed on the basis of the Facility Use fee schedule, as referenced in Exhibit C. The City acknowledges from time to time on a periodic basis FCBE may change the Facility Use fee schedule which the City will abide to such changes. In addition, if FCBE incurs direct costs or expenses (other than maintenance costs, which shall be governed by Section 4 below) solely as a result of the use of FCBE's School Facilities by the City (not including maintenance or utility expenses resulting from the reasonable use of such School Facilities) upon FCBE being made aware of such costs or expenses, FCBE shall notify the City of such costs or expense prior to the City's continued use of such School Facilities, and the City shall be required to reimburse FCBE for such costs or expenses within thirty (30) days of the request. 4. Maintenance of Facilities. (a.) In addition to the obligations contained in subsection 1(g.) above, during the Academic Year, each party shall, at such party's expense, maintain the School Facilities in good condition and repair in relation to each party's use of the Facilities, including without limitation the provision of routine custodial services and landscape maintenance services and the repair and replacement of all equipment and improvements located on the Facilities. City agrees that it will maintain and repair the irrigation systems for the Playing Field at its own cost, which repairs and maintenance shall conform to FCBE's specifications for such irrigation systems, and agrees to keep them in good working order and in compliance with all local codes. In addition, City shall pay for all water used for the irrigation systems for the Playing Field during the term of this Agreement and any renewal terms. Such payment shall be due within sixty (60) days of City's receipt of an invoice based upon an estimate of annual water usage to be provided by FCBE or its designee with a final accounting (and payment or refund) once the actual usage has been determined. Hopewell Middle School IGA - 2017 Periodic inspections may be performed of the field improvement by FCBE or its agents or employees with any problems (and origin thereof, if identifiable) to be reported to the offices of the FCBE. City shall maintain, at City's sole expense, the Playing Field in a good and safe condition. Maintenance shall include, but not be limited to, mowing the field on a routine basis, fertilizing, re -seeding, and making such improvements as may be necessary or reasonably requested by FCBE subject to those conditions noted in Exhibit B. As used herein, the term "routine custodial services" shall include without limitation, the collection of litter and debris from the School Facilities; weekly removal of the contents of trash receptacles and weekly removal of hazardous items from areas utilized or accessible to staff, students, or visitors. The City shall maintain an adequate level of sanitary supplies as mutually agreed upon by the City and Principal. (b.) During the Term of the Agreement, the City shall maintain the exterior School Facilities during the period of the Non -Academic Year in accordance with the applicable requirements of subsection 4(a.) above. The City shall also maintain the interior School Facilities, in relation to its use of such Facilities, during the Non -Academic Year. (c.) Neither party shall have the right to construct any improvements on the property owned by the other party without such other party's consent, which may be withheld in such other party's sole discretion. During the Term, neither party shall demolish any of the facilities located on such party's property without the consent of the other party hereto, which consent shall not be unreasonably withheld, conditioned or delayed. 5. Utilities. The City shall pay all water for the irrigation of the athletic fields of the exterior School Facilities. FCBE shall pay all other water and electricity charges for the School Facilities. 6. Insurance. The City shall maintain $1 million general liability and property damage insurance covering the School Facilities owned by FCBE and shall maintain $1 million automobile general liability insurance. Each party shall have the right to self -insure. Any third party using the School Facilities or performing work on the School Facilities shall be required to maintain $1 million general liability and property damage insurance covering the Facilities and shall maintain $500,000 automobile general liability insurance, naming both FCBE and City as additional insureds. The types and amounts of coverage required of such third parties shall be reasonably acceptable to FCBE and City. 7. Liability. City shall be responsible for the acts and omissions of City and its agents, contractors or employees. FCBE shall be responsible for the acts and omissions of FCBE and its agents, contractors, or employees. Any third party using the Facilities shall be required to defend, indemnify and hold harmless FCBE and City and their agents and employees against all costs, damages, or claims, whether for personal injury or property damage, arising out of any act or omission of such third party in connection with its use of the School Facilities. Hopewell Middle School IGA - 2017 8. Casualty. If any of the School Facilities are damaged or destroyed during the Term of the Agreement by a casualty loss, FCBE may elect to rebuild or restore same. If such damage or destruction is due to the acts or omission of the City, then FCBE may elect to rebuild or restore the damaged or destroyed Facilities subject to reimbursement by the City pursuant to the terms of Section 7 above. 9. Condemnation. In the event all or any portion of the School Property is condemned by any legally constituted authority for any public use or purpose, or sold under threat of condemnation, then all condemnation awards or sales proceeds shall belong to the owner of such condemned or sold property, and this Agreement shall terminate as to such property on the date of such condemnation or sale. If a portion of the School Property that contains all of the School Facilities is so condemned or sold then this Agreement shall terminate on the date of such condemnation or sale. 10. Liens. No encumbrances, charges or liens against the School Facilities shall exist because of any action or inaction by either party or such party's independent contractors. Each party shall discharge by bond or otherwise within ten (10) days of notice of existence of any lien, encumbrance or other charge arising because of the actions of such party. 11. Termination. (a.) Either party shall have the right to terminate this Agreement without cause upon ninety (90) days prior written notice. In the event of termination, FCBE shall have no obligation to compensate City, including any compensation for any remaining value of any improvements, and all improvements made by City or on City's behalf shall remain with the School Facilities. (b.) In the event either party defaults in the performance of any of its obligations under this Agreement, the non -defaulting party shall, in addition to all other rights and remedies available to such non -defaulting party at law or in equity, have the right to (1) provide written notice to the defaulting party of the intention to terminate this Agreement within (30) days of the written notice if such default is not remedied within the 30 days, or (2.) cure such default at the expense of the defaulting party. (c.) The defaulting party, within ten (10) days of the receipt of a statement for reimbursement, shall reimburse the other party for any amount paid and any expense or contractual liability so incurred. Notwithstanding the foregoing, if (1) such default is of such nature that it cannot reasonably be remedied within such thirty (30) day period, (2.) the defaulting party has commenced its efforts to remedy such default within such thirty (30) day period and is diligently and in good faith pursuing such efforts, and (3.) actually remedies such breach within sixty (60) days from the date it first receives notice of default from the non -defaulting party, the non -defaulting party shall not have the right to terminate this Agreement. 12. Expiration of Term. (a.) Upon the expiration of the Term of the Agreement, all fixed and permanent improvements upon the School Property shall remain the property of FCBE, free and clear of all liens and encumbrances. Either party may remove portable improvements made by such party. A listing of all portable improvements shall be prepared by such party and approved by the other party prior to the removal of said improvements. Except in 6 Hopewell Middle School IGA - 2017 connection with repairs or replacements, each party covenants not to destroy or remove any improvements constructed (other than portable improvements) or equipment placed upon the other party's property, pursuant to this Agreement or otherwise, without the written consent of the other party, which written consent may not be unreasonably withheld, conditioned, or delayed. (b.) Upon the expiration of the Term, each party agrees to promptly vacate all parts of the other party's Property. All keys held by the City for the School Facilities shall be returned to FCBE within a reasonable time. 13. Notice. Any notice or consent required to be given by or on behalf of any party hereto to any other party shall be in writing and sent by either certified mail (return receipt required) or delivered personally (including by courier or expedited mail service) addressed as follows (or at such address as may be specified from time to time in writing): If to FCBE: Superintendent Fulton County Board of Education 6201 Powers Ferry Road, NW Atlanta, Georgia 30339 With a copy to: Director of Land Management Fulton County Board of Education 6201 Powers Ferry Road, NW Atlanta, Georgia 30339 If to City: Mr. Steve Krokoff, City Manager City of Milton 2006 Heritage Walk Milton, Georgia 30004 With a copy to: Mr. Jim Cregge, Director of Parks and Recreation City of Milton 2006 Heritage Walk Milton, Georgia 30004 All such notices hereunder shall be deemed to have been given on the date of delivery or the date marked on the return receipt unless delivery is refused or cannot be made because of any incorrect address provided by the addressee, in which case the date of postmark shall be deemed notice has been given. Hopewell Middle School IGA - 2017 14. Miscellaneous. (a.) This Agreement shall be construed as an intergovernmental contract, and no estate shall pass out of FCBE or City. Neither party shall assign its interest in this Agreement or any interest hereunder. (b) If either party is delayed, hindered or prevented from performing any act or thing required hereunder by reason of strikes, lock -outs, labor troubles, casualties, inability to procure labor, materials or financing, failure or lack of utilities, governmental laws and regulations, riots, insurrection, war, acts of God, inclement weather, or other causes beyond the reasonable control of either party ("Force Majeure"), the delayed party shall not be liable, and the period of performance of any such act shall be extended for a period equivalent to the period of such delay, provided such party provides written notice of such occurrence to the other party within ten (10) days of such occurrence. The foregoing is inapplicable to the payment of money unless such delay is due to an act arising after a party's mailing which affects the physical delivery of the payment. (c.) NEITHER PARTY WILL ALLOW THE POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES OR THE USE OF TOBACCO PRODUCTS ON THE SCHOOL FACILITIES AT ANY TIME DURING ITS USE OF THE SCHOOL FACILITIES. (d.) This Agreement constitutes the sole and entire agreement between the parties hereto as of the date hereof, and no modification of this Agreement shall be binding unless attached hereto and signed by City and FCBE. No representation, promise, or inducement not included in this Agreement shall be binding upon any party hereto. (e.) Time is of the essence for each and every provision and stipulation of this Agreement. (f) Each party acknowledges that this Agreement has been freely negotiated by both parties, and that, in any controversy, dispute or contest over the meaning, interpretation, validity or enforceability of this Agreement or any of its terms or conditions, there shall be no inference, presumption, or conclusion drawn whatsoever against either party by virtue of that party having drafted this Agreement or any portion thereof. (g.) No action or failure to act by any party hereto shall constitute a waiver of any right or duty afforded, to such party under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach of this Agreement except as may be specifically agreed in writing. (h.)This Agreement may be executed in any number of counterparts, each of which shall be an original, but such counterparts shall together constitute one and the same instrument. 15. E -Verify Compliance. Both Parties hereto agree to comply with all obligations and requirements of O.C.G.A. § 13-10-91 as it pertains to securing necessary E -Verify certifications, affidavits and compliance, and shall ensure that affidavits shall be executed for any contractor or subcontractor providing services under or associated with this Agreement. 8 Hopewell Middle School IGA - 2017 16. Title VI Compliance. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Parties agree that, during performance of this Agreement, the Parties, for themselves, their assignees and successors in interest, will not discriminate against any employee or applicant for employment, any contractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, the Parties agree to comply with all applicable implementing regulations and shall include the substance of this Section in every contract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal the day and year first above written. CITY OF MILTON By: Name: Title: FULTON COUNTY BOARD OF EDUCATION By: Name: Patrick Burke Title: Chief of Operations By:_ Name Title: Dr. Jeff Rose, Ed. D. Superintendent Hopewell Middle School IGA - 2017 Witness Notary Public Witness Notary Public Exhibit A.1 (Inventory Drawing of Interior School Facilities -Site Plan) 10 Hopewell Middle School IGA - 2017 Exhibit A.1 2 -1 2 -1 1045 F 7 1 3 2D 7 ' 'C!r r eS�rwr 2' 0 F- 1 05 Pr�p�r�otian� _ 200 r - �J Cv'`�t�riv �d_ 330sf ' 1 Krtc#ien. Ser.fing $c All st,ioport Areas ' 4. b02sf L7T7L-3 .' 72 �SI�I I -b 0sf J L. 112 6,1 ;Ao 2BSsf A 1 05 G T � Adm suet4c> 3 S u_ T 27 Ta ico 1 3. BOOsf '100 A 1 01 Pring_ S 720 Rotax�dc� i�e+c, r'{iArcaifi � a.,l 86 s>F PClTpT„� J 7 43 sfACP iDBAB. 02� G. Con S T g 3C72 OCTA s sf 305 B 1 9 300 31 01 Ews _ G1/mcressium - 9.321 sf 2' 307 B ' G8 PstiXsac-. aM Stcag� Educ ofiion z 3J2 3C10-31 T. 320:325 -1 �f^S 118-811 11 Sr roea Qwoma 6+ bwrbo� .�+.� ono w: f.1 Svpporl Spocr■ SE"1 .� 61 07105 E 1 1 BlC LXB S 04 `� Exhibit A.2 (Site Plan of Exterior School Facilities) 11 Hopewell Middle School IGA - 2017 No Text Exhibit B The parties agree and consent to the following improvements to take place during the term of this Agreement: The City shall supplement FCBE's annual resurfacing of the gymnasium floor by providing a second resurfacing each year. The City shall provide the following on-going services to FCBE throughout the term of this agreement: • Irrigating the playing fields • Cutting the grass • Fertilizing the playing fields • Treating fields for insects and disease • Re -sod as needed • Provide portable toilets • Trash removal 12 Hopewell Middle School IGA - 2017 Exhibit C (Facility Use Fee Schedule) 13 Hopewell Middle School IGA - 2017 4lton Count.v Schools Fee Schedule BOARD OF EDUCATION Linda McCain, President Linda P. Bryant, Vice President Julia C. Bernath ^ Gail Dean - Catherine Maddox Katie Reeves ^ Katha Stuart Jeff Rose, Ed.D., Superintendent Leased Area Other Non-profit Youth Pro rams Min Fee (2 HR) Hourly Rate Min Fee (2 HR) Hourly Rate Gymnasium, Elementary School $52.00 $26.00 $26.00 $13.00 Gymnasium, Middle School $74.00 $37.00 $38.00 $19.00 Gymnasium, High School Auxiliary 52.00 $26.00 $26.00 $13.00 G mnasium High School Main $100.00 $50.00 $52.00 $26.00 PE Multi -Purpose Room $52.00 $26.00 $26.00 13.00 Cafeteria, Elem. School * Room use Does NOT Include "Serving Line" or "Temperature Holding Equipment." $74.00 $37.00 $26.00 $13.00 Cafeteria, Middle School * Room use Does NOT Include "Serving Line" or "Temperature Holding Equipment." $74.00 $37.00 $38.00 $19.00 Cafeteria, High School * Room use Does NOT Include "Serving Line" or "Temperature Holding Equipment." $74.00 $37.00 $38.00 $19.00 Kitchen (Kitchen Staff Fee Req.) $74.00 $37.00 $38.00 $19.00 Serving Line $74.00 $37.00 $38.00 $19.00 Temperature Holding Equipment $74.00 $37.00 $38.00 $19.00 Theater Auditorium $100.00 $50.00 $52.00 $26.00 Media Center Elements School $52.00 $26.00 $26.00 $13.00 Media Center MS or HS $74.00 $37.00 $38.00 $19.00 Classroom $26.00 $13.00 $12.00 $6.00 Concession Stands $26.00 $13.00 $12.00 $6.00 Non -Stadium Field $38.00 $19.00 $20.00 $10.00 Stadium Field $52.00 $26.00 $26.00 $13.00 Track Asphalt MS ES $26.00 $13.00 $12.00 $6.00 Track High School $52.00 $26.00 $26.00 $13.00 Tennis Court(per Court 14.00 $7.00 $8.00 $4.00 Parkin Lot $26.00 $13.00 $12.00 $6.00 Teaching Museum $100.00 $50.00 $52.00 $26.00 Additional Fees Field Lights $26.00 1$13.00 1$26.00 1$13.00 Stadium Lights $84.00 1$42.00 1$42.00 1$21.00 At the Discretion of the Principal Restroom Supplies Fee Personnel Fees Staff - Custodian $3S.00 Staff - Coach $28.00 Staff - Food Service $40.00 Staff -Teacher $28.00 Staff -Technician 1$28.00 Staff - Resource Officer 1$40.00 Revised by Valerie Epps 06/16/2016 Exhibit D (Policy KG and Procedure KG) 14 Hopewell Middle School IGA - 2017 12/30/2016 Book Operating Guidelines Section K - General Public Relations Title Use of School Facilities Number KG Status Active Adopted July 1, 1986 Last Revised August 22, 2014 Last Reviewed August 22, 2014 BoardDocs® Policy: KG Use of School Facilities lton County Schools Where Students Come first School facilities that are available for use by outside organizations are: gymnasiums, cafeterias/cafetoriums, classrooms, kitchens (provided District cafeteria staff is used with the approved use of kitchen equipment), playing fields and athletic fields, auditoriums, theaters, concession facilities, media centers, conference rooms and common areas. The principal may approve at his/her discretion if an outside organization may use the school facilities during normal school hours. I. Priority for use of Fulton County School District Facilities The primary purpose of the District's school facilities is to provide a suitable setting in which to educate Fulton County students. Therefore, school - sponsored activities shall always take priority over any other use of school facilities. Other groups may be denied use of school facilities or have their permission for use revoked if the principal concludes that the group's use would interfere with school -sponsored activities. The priority for use of District facilities shall be as follows: First priority: School and District -sponsored activities School -Sponsored Activities School -sponsored activities are defined as a school's curricular and extracurricular programs and any other activity undertaken by and in the name of the school. Individual schools may request use of another school's facilities for school -sponsored activities. The principal is responsible for approving and scheduling school -sponsored activities. While facility use fees do not apply for school -sponsored activities, any fees incurred as a result of necessary personnel services, such as custodial or school resource officer, must be paid. District -sponsored Activities In order to be accessible to all areas of the community, schools are occasionally requested to host District events. Schools will be reimbursed by the District for expenses associated with such events. Second priority: School -related support groups and employee organizations School -Related Support Groups School -related support groups are defined as organizations devoted exclusively to the support of the school and school -sponsored activities, such as PTAs, school and District foundations, and booster clubs. Employee Oraanizations Employee organizations are defined as recognized professional or employee organizations whose membership is limited to Fulton County School District personnel. All meetings or other activities of school -related support groups and employee organizations must be approved in advance by the principal and the facilities department. School -related support groups and employee organizations are not required to pay facility use fees for meetings and activities that directly benefit Fulton County Schools and that have the principal's advance approval. In the event facility use fees are waived by the principal, any fees incurred as a result of necessary personnel services, such as custodial or school resource officer, must be paid. Third priority: Outside youth organizations comprised mainly of students who reside in the District Outside youth organizations or groups whose members are mostly students who reside in the District shall have priority (over other outside organizations; for use of school facilities. Outside youth organizations should must apply through the facilities services department. Fourth priority: Other outside organizations The following outside organizations shall be eligible to apply for use of Fulton County School District facilities: (1) organizations with whom District schools have entered into formal partnerships per Policy LEI - Partnerships in Education; (2) non-profit organizations [serving District residents]; (3) public government agencies serving District residents; (4) for-profit businesses , on a case-by-case basis when there is judged to be a substantial benefit to the District; and (5) organizations that are currently approved by the Georgia State Board of Education to serve as Supplemental Educational Services providers, and are currently under contract with the District for the purpose of providing Supplemental Educational Services to eligible District students. For requests for the use of facilities by production companies, including movie, television, theatrical, and/or commercial, the District will retain the right to review artistic content, including script and production schedule for appropriate use in a school setting. http:/www.boarddocs.com/gatfcssBoard.nsf/goto?open&jd=9NCH92469D85# 1/4 12/30/2016 BoardDocs® Policy: KG Use of School Facilities Outside organizations are welcome to use school facilities when such use is consistent with the Board's policies and does not interfere with the activities of schools or school -related support groups, as determined by the principal and/or the facilities services department. Outside organizations must apply through the facilities services department. II. Lease Agreements for Fulton County School District Facilities Outside organizations including public government agencies requesting to establish an inter -governmental or lease agreement of one year or more involving shared resources which will be of benefit to Fulton County Schools and community should submit a proposal to the principal for consideration and approval by the facilities services department. Proposals approved by the principal and facilities services department will be recommended to the Superintendent and Board with a summary of the proposed terms for approval. Examples of programs that would benefit schools and the community include sports and recreational activities, senior citizen activities and educational programs. In reviewing proposals, priority will be given to programs for youth. If the outside organization provides goods, services, facilities, and equipment that are beneficial to Fulton County Schools, the organization may be exempt from payment of some or all of the customary fees See Section III (D) (8). III. Applvina for Use of School Facilities All facilities use requests must be made to the principal at least 15 district operational days prior to the requested use date. Upon initial approval, the principal will relay the facilities use request to the facilities services department for final approval. The average approval time is 15 days from the time of initial request by an outside organization. Application forms are available on the facilities services department website. The application must be signed by the representative of the outside organization who will be responsible for the activity or event. Please see the Facilities Rental Process Flow Chart below for additional detail. Fulton County Schools Facilities Rental Process Flow Chart April 1, 2014 Reservation Request: tf `School Designee" issues approval, an an is a dorneicaly sent to the VMcipsl' for final approval at school level. STEP 3 'Requestor' oompletes online facility use application and a!r email is automatically sent to tfhe'School Designee' for confirmation of facility avallabdity, p3y^nent, hours of use, etc- "Schooy Designee` reviews and issues preliminary approval or declines request. STEP 2 'Requester' (external organizations, entities, etc.l reviews community school calendar webeite for avaitnbiity- STEP 1 Start Leaerld: = n OtAside Requestor Milto I`-� Gou tl School; D ` School Personnel ri = Fm3ties Services Pe-sonne. Facilities Activation: Orce app oval is granted by the "Pnncipal,' ar email is automaticaNy sent to the "Facil ties Services Controller' who reviews and htsthe application for insurance, paymentt metmethod, hours of use, etc. STEP 4 l Naymerht and the Certi` tate of nsurance are b be sent to Faeik6es Renta. Office at least ten (10) business days prior to event. STEP 5 If approved by'FacWhes Services Contr W, an automatic email is simultaneously seat to all of the Mowing parties- An invoice is also genanded- STEP 5 --------------- T -------- - _ Service Reservation Payment Providers: Confirmation: Transaction: 1- tkilkits Services to 1. original Requesow Paynheni transaction schedule HVAC for 122. School Pnna W ? is sent to the bank for activation. 3. School Designee processing. 2 custodun(s) STEP 7.2 STEP 7.3 3. Resource Officer(s) Schooi Nutrition STEP 7.1 NOTE: Average approval time is 15 days from the time of initial request by outside organization (contingent on Facilities Services receiving all the necessary information). After event has taken place, outside organization will be notified if additional fees are necessary. Send checks and certificate of insurance to Facilities Rental Office at 5270 Northfield Blvd, College Park, 30349. Requests to use teaching museums, professional learning centers or other District facilities will be considered on a case by case basis by the facilities services department, in consultation with the building supervisor. A. Facilities Use Application Review httpJM,ww.boarddocs.com/ga/fcssBoard.nsf/goto?open&id=9NCH92469D85# 214 12/30/2016 BoardDocs® Policy: KG Use of School Facilities The following factors will be considered in reviewing an application for facilities use: 1. the type of activity or event; 2. its potential impact on the facility; 3. the duration and frequency of the activity or event; 4. the availability of adequate District personnel to oversee the facility during the activity or event; 5. the number of participants expected; 6. safety and security concerns; 7. previous experience with the organization; 8. potential interference with other activities at the facility; 9. the need for a rest period for the facility or grounds; and 10. other needs or interests of the school or the District. If an outside organization wants to charge an admission fee, it must state the amount of the fee in the application and obtain prior approval, which will be reflected in the facility use agreement. B Facility Use Agreement The facility use agreement must state that at least one authorized representative of the organization shall be present during the activity or event. The organization must agree to indemnify the District for any claim of loss, injury or damage resulting from the organization's use of the school facility. Except for use agreements involving substantial improvements to school property, the maximum term of a use agreement is one year. C. Cancellation of Facility Use Agreement The District reserves the right to deny an outside organization's application or cancel the organization's use agreement when it deems such action to be in the best interest of the District or a school. The outside organization is responsible for providing timely notification to its members or other participants of a cancellation. When schools are closed because of hazardous weather or other emergencies, all use of school facilities is canceled. D. Fees for Outside Organizations 1. To comply with Georgia law, outside organizations must pay certain recovery fees resulting from their use of school facilities, including utilities, security, supervision, clean-up, maintenance, depreciation, overtime and any other costs to the District. Anticipated excessive demands on utilities must be disclosed on the application so that an appropriate fee can be charged. The fee schedule can be obtained from the facilities services department website. Fees may be changed from time to time to reflect current costs. 2. If fees are not paid in full at least five (5) district operational days in advance of the activity or event, permission to use the school facility may be withdrawn or a ten (10) percent penalty fee may be added. 3. Payment should be made to the Fulton County Board of Education and mailed to the facilities services department. At the discretion of the facilities department, payment may be requested in the form of a cashier's check or money order. 4. A custodial fee for clean-up will be assessed if the organization does not leave the facility and grounds clean. 5. The facilities department, in consultation with the principal may require the organization to pay for or to provide police protection or security personnel. 6. Fees paid for the use of school facilities must be posted to a District account, not an individual school account. Schools will be reimbursed for associated personnel and material costs paid from the local school budget. Schools may receive a reimbursement from the District equaling 25% of the facility use fees collected. 7. If an activity is canceled at least two business days in advance of the activity or event, any prepaid user fee will be refunded, less any costs the District has incurred. 8. In -Kind Contributions for Maintenance of Certain School Facilities In certain circumstances, in-kind contributions may be considered as an offset to the hourly facility use rental fee paid by outside organizations. Information regarding acceptable in-kind contributions is distributed annually to principals by the facilities services department. Principals must submit requests for approval of in-kind contributions with the corresponding approved facility use agreement to the facilities services department. Any personnel fees for custodial, resource officer and food services are required to be paid by the outside organization and may not be replaced by in- kind contributions or waived by the principal. E.Insurance In order to protect the School District, outside organizations are required to obtain liability insurance covering the event or activity as referenced on the rental application, lease agreement, and contract. The organization's insurance certificate must be provided to the facilities services department prior to the date of the facility rental. F. Deoosits 1. At the discretion of the facilities services department, outside organizations may be required to pay a deposit for activities involving large groups or activities that may result in damage to school property. Failure to pay a required deposit may result in the cancellation of the use agreement. 2. If school facilities are used on an ongoing basis (monthly, weekly, etc.), a deposit of not less than one month's fee may be required in advance along with the fee for the first month. The deposit will be held by the facilities department and will be returned at the end of the approved use period, less any deductions for damage, unpaid fees or other costs resulting from the use, or may be applied to the facilities use fees incurred by the organization. hftp:/Mrww.boarddoGs.corn/galfcssBoard.nsf/goto?open&jd=9NCH92469D85# 3/4 12/30/2016 G. Fundraising by Outside Organizations BoardDocs® Policy: KG Use of School Facilities 1. Fundraising by outside organization must meet the requirements outlined in Policy KEB - Fundraising. 2. Tax-exempt organizations must provide a copy of their IRS determination letter and establish their legitimacy to the satisfaction of the facilities services department before any fundraiser will be allowed. 3. Outside organizations may not use school facilities for any fund-raiser that includes gambling or games of chance. Please see Policy KEB - Fundraising for additional information. H. Concessions Arrangements for the sale of concessions by outside organizations must be made through the local school principal. I. Political Meetings Political forums held on school property must comply with Policy KIA - Political Campaign Activities . ]. Additional Rules Governing Use of School Facilities by Outside Organizations 1. An outside organization shall not restrict participation in an activity or event taking place at a school facility because of an individual's race, religion, creed, sex, national origin or disability. 2. A school custodian and/or other District employee, as designated by the principal, must be present during interior events or activities, and may be waived by the principal and facilities service department for exterior activities or events. School employees are not permitted to give their building keys to an outside organization. 3. Signs, banners, pennants, etc. may be erected on school property during the facility rental period only if the permission of the principal or designee is obtained in advance and only if such displays do not deface school property. 4. Adequate supervision, as approved by the facilities department in consultation with the principal, must be present for activities involving children. All members of an outside organization participating in an activity involving Fulton County students must complete the Volunteer Safety Information Form available on the District website. 5. Parking is permitted only in designated parking areas. 6. The number of attendees may not exceed the number authorized and must be in compliance with local fire codes. 7. Approved users and their participants must stay in their assigned area at all times. Entry into other areas of the facility will be considered trespassing. 8. Any use of a facility beyond the time specified in their use agreement is subject to additional fees charged in quarter hour increments. 9. All activities must be orderly and lawful and must comply with all federal, state and local laws. 10. Use of lighted athletic fields must end by 10:30 p.m. Lights may remain on until all participants and attendees have safely left the fields. 11. Overnight use of school facilities is permitted only with the explicit written permission of the principal, approval by the facilities services department, and if it is allowable under local fire codes. School buildings are not designed to meet the codes of or permitted for residential occupancy so activities with planned sleep periods (e.g., sleepovers) are not allowed, except as necessitated by emergency. 12. Food and beverages are allowed inside school buildings [and on the school grounds] only if approved by the principal 13. Alcohol, illegal drugs, weapons or explosives are not allowed in school facilities or on school property. 14. The use of tobacco products is prohibited in school facilities and on school property. 15. Outside organizations may use tables and chairs if requested in advance. A set-up fee will be charged. Requests to use public address systems or audio visual equipment will be considered on a case by case basis by the principal and the facilities services department. A fee will be charged and District personnel must be used to operate such equipment. The following types of District equipment may not be used by outside organizations: musical instruments, athletic equipment, computers, and technical or laboratory equipment. 16. Outside organizations may not make any unapproved modifications to school facilities in order to accommodate their use of the facility. This includes modifications to the electrical, heating, cooling, ventilation or plumbing systems or to the structure or grounds of the facility. 17. Outside organizations may not sublease school facilities to other organizations or individuals or transfer or assign their use agreement to anyone. 18. Individuals are not eligible to apply for use of school facilities. 19. School facilities shall not be used for anything other than the use(s) approved in the use agreement. Cross References: KG - Use Of School Facilities Policy http:dwww.boarddocs.con/gatfcssBoard.nsf/goto?open&id=9NCH92469D85# 4/4 TO: MILI-ONNIr FSTABL[SHLD 2006 CITY COUNCIL AGENDA ITEM City Council DATE: August 16, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for the Renovation of the Police and Court Facilities. MEETING DATE: Monday, August 21, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4 -"("ES () NO CITY ATTORNEY REVIEW REQUIRED: (4'01( 'E () NO APPROVAL BY CITY ATTORNEY: (,)1 PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: x; f i 20' 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Dennis Miller, Facilities Manager Date: Submitted on August 14, 2017 for the August 21, 2017 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for the Renovation of the Police and Court Facilities. _____________________________________________________________________________________ Project Description: Since moving various Departments and staff into our new City Hall, the City has reduced the rented space at the Deerfield property by approximately 50%. The remaining space is now occupied by the Milton Police Department and the Court Department. This renovation project will provide space that is slightly larger and more suitable for the two departments to function efficiently. Once construction begins, the project should take 2-3 weeks to complete. Procurement Summary: Purchasing method used: State Contract Account Number: 100-4101-542500000 Requisition Total: $11,266.71 Vendor DBA: Prime Contractors, Inc. Financial Review: Bernadette Harvill – August 14, 2017 Legal Review: July 27, 2017, by Sam VanVolkenburgh Attachment(s): Construction Services Agreement, Prime Contractors, Inc. No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text TO: FROM: MILTON'IP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: August 16, 2017 a Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 50, Subdivisions of the City Code, Section 50-186(f), Construction Activities Restricted to Certain Hours. MEETING DATE: Monday, August 21, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,V'APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES () NO CITY ATTORNEY REVIEW REQUIRED: OYES () NO APPROVAL BY CITY ATTORNEY: VAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: !4.1 Zz 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: August 16, 2017 prepared for the September 11, 2017 City Council Meeting. (First Presentation – August 21, 2017) Re: Text Amendment – Chapter 10 Buildings and Building Regulations of the City Code and Chapter 50 - Subdivisions – Construction Activities Restricted to Certain Hours. ____________________________________________________________________________ Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Staff has proposed a new noise ordinance to replace the existing one. This proposed ordinance has been presented to the Planning Commission and most recently to the Mayor and City Council. At the July 24th City Council meeting, the issue of not just construction noise, but all construction activities that are permitted to occur, was discussed. Based on the Council’s opinion, that not only should construction noise be regulated, but all building activity should be regulated, staff has proposed a new ordinance to be located in both Chapter 10 – Buildings and Building Regulations and Chapter 50 – Subdivisions. The limitation of construction activity would apply to both buildings and land disturbance but would exclude construction and land disturbance by individual property owners. As with the noise ordinance, if a circumstance occurred where the contractor needed to perform construction activities outside of the allowed days and times, a permit may be requested from the Community Development Director. Funding and Fiscal Impact: There will be no impact if this text amendment is 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 (August 2017) Attachment(s): Proposed Ordinance. Section 50-186 (f) - Construction Activities Restricted to Certain Hours. It shall be unlawful for any person to engage in or conduct any activity in the construction of any building or structure, the moving of earth, or the laying of any pavement, including, but not limited to, the making of any excavation, clearing or grading of surface land, and loading or unloading material, equipment, or supplies, except between the hours of 7:30 a.m. and 7:30 p.m., Monday through Friday, and 9:00 a.m. to 6:00 p.m. on Saturday unless a permit for each work at different hours or days has first been issued by the Community Development Director. Applications for such permits shall be made in writing to the Community Development Director and shall state the name of the applicant, business address, the location of the proposed work, the reason for seeking a permit to do such work outside of the above stated days and times including Sunday and the estimated time of the proposed operation. No such special permit shall be issued except where the public peace, health, or welfare will not be adversely affected by such issuance or will be harmed by failure to perform the work at the times indicated. The foregoing provisions shall not apply to any person performing construction activity at his or her residence, but such persons are subject to the noise control ordinance set out in Sec. 20-659 of this Code. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 50, SUBDIVISIONS OF THE CITY CODE – SEC. 50-186 (f) – CONSTRUCTION ACTIVITIES RESTRICTED TO CERTAIN HOURS BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on September 11, 2017 at 6:00 p.m. as follows: SECTION 1. That the amendment of Chapter 50, Sec. 50-186 (f) 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 11th day of September, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk It ► MltTON" ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 16, 2017 FROM: Steven Krokoff, City Manag 1 AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 10, Buildings and Building Regulations of the City Code, Section 10-97, Construction Activities Restricted to Certain Hours. MEETING DATE: Monday, August 21, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,KAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (."YES (J NO CITY ATTORNEY REVIEW REQUIRED: (,"YES (J NO APPROVAL BY CITY ATTORNEY: (1APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: Cz j v! kc 1 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: August 16, 2017 prepared for the September 11, 2017 City Council Meeting. (First Presentation – August 21, 2017) Re: Text Amendment – Chapter 10 Buildings and Building Regulations of the City Code and Chapter 50 - Subdivisions – Construction Activities Restricted to Certain Hours. ____________________________________________________________________________ Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: Staff has proposed a new noise ordinance to replace the existing one. This proposed ordinance has been presented to the Planning Commission and most recently to the Mayor and City Council. At the July 24th City Council meeting, the issue of not just construction noise, but all construction activities that are permitted to occur, was discussed. Based on the Council’s opinion, that not only should construction noise be regulated, but all building activity should be regulated, staff has proposed a new ordinance to be located in both Chapter 10 – Buildings and Building Regulations and Chapter 50 – Subdivisions. The limitation of construction activity would apply to both buildings and land disturbance but would exclude construction and land disturbance by individual property owners. As with the noise ordinance, if a circumstance occurred where the contractor needed to perform construction activities outside of the allowed days and times, a permit may be requested from the Community Development Director. Funding and Fiscal Impact: There will be no impact if this text amendment is 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 (August 2017) Attachment(s): Proposed Ordinance. Section 10-97 - Construction Activities Restricted to Certain Hours. It shall be unlawful for any person to engage in or conduct any activity in the construction of any building or structure, the moving of earth, or the laying of any pavement, including, but not limited to, the making of any excavation, clearing or grading of surface land, and loading or unloading material, equipment, or supplies, except between the hours of 7:30 a.m. and 7:30 p.m., Monday through Friday, and 9:00 a.m. to 6:00 p.m. on Saturday unless a permit for each work at different hours or days has first been issued by the Community Development Director. Applications for such permits shall be made in writing to the Community Development Director and shall state the name of the applicant, business address, the location of the proposed work, the reason for seeking a permit to do such work outside of the above stated days and times including Sunday and the estimated time of the proposed operation. No such special permit shall be issued except where the public peace, health, or welfare will not be adversely affected by such issuance or will be harmed by failure to perform the work at the times indicated. The foregoing provisions shall not apply to any person performing construction activity at his or her residence, but such persons are subject to the noise control ordinance set out in Sec. 20-659 of this Code. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 10 BUILDINGS AND BUILDING REGULATIONS OF THE CITY CODE – SEC. 10-97 – CONSTRUCTION ACTIVITIES RESTRICTED TO CERTAIN HOURS BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on September 11, 2017 at 6:00 p.m. as follows: SECTION 1. That the amendment of Chapter 20, Sec. 10-97 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 11th day of September, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk P! MI LT(l N 111,4 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: ust 15, 2017 FROM: Steven Krokoff, City Manag r r7� AGENDA ITEM: Consideration of a Resolution Transmitting a Draft Capital Improvements Element 2017 Annual Update, Relating to the City's Impact Fee Program to the Atlanta Regional Commission for Regional and State Review MEETING DATE: Monday, August 21, 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 () NO CITY ATTORNEY REVIEW REQUIRED: („YES () NO APPROVAL BY CITY ATTORNEY: (1APPROVED () NOT APPROVED PLACED ON AGENDA FOR: c lL,r 2.) 2c 7 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on August 07, 2017 for the August 21, 2017 Regular Council Meeting Agenda Item: Consideration of a Resolution Transmitting a Draft Capital Improvements Element 2017 Annual Update, Relating to the City’s Impact Fee Program to the Atlanta Regional Commission for Regional and State Review. ______________________________________________________________________________ Department Recommendation: Approval Executive Summary: As a municipality that collects Impact Fees, a Capital Improvements Element (CIE) Annual Update was prepared by the city’s impact fee consultant and was reviewed by staff, and discussed at the August 14 council work session. The 2017 CIE update contains the five-year project lists for impact fee eligible items based on the adopted 2015 CIE. An annual update to the five-year project schedule is a requirement by the Georgia Department of Community Affairs (DCA). Upon favorable review by the Regional and State agencies, the City of Milton may adopt the CIE Annual Update by October 31, 2017. Funding and Fiscal Impact: None Alternatives: None Legal Review: Ken Jarrard – Jarrard & Davis 08-14-2017 Concurrent Review: Steve Krokoff Attachment(s): Capital Improvements Element (CIE) Resolution to Transmit Draft CIE STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 17- A RESOLUTION AUTHORIZING THE TRANSMITTAL OF A DRAFT CAPITAL IMPROVEMENTS ELEMENT 2017 ANNUAL UPDATE TO THE ATLANTA REGIONAL COMMISSION FOR REGIONAL AND STATE REVIEW WHEREAS, on October 17, 2016, the City of Milton adopted the Capital Improvements Element 2016 Annual Update as an amendment to the Milton Comprehensive Plan; and WHEREAS, the City of Milton has drafted a Capital Improvements Element 2017 Annual Update (“2017 CIE Update”), which incorporates an impact fee financial report for FY 2016 (as applicable); and WHEREAS, the 2017 CIE Update was prepared in accordance with the “Development Impact Fee Compliance Requirements” and the “Minimum Planning Standards and Procedures for Local Comprehensive Planning” adopted by the Department of Community Affairs pursuant to the Georgia Planning Act of 1989, and WHEREAS, a duly advertised Public Hearing with respect to the 2017 CIE Update was held on August 21, 2017, at 6:00 p.m. in the City of Milton City Hall, 2006 Heritage Walk; BE IT THEREFORE RESOLVED that the City Council does hereby authorize the transmittal of the draft Capital Improvements Element 2017 Annual Update (attached hereto as Exhibit “A”) to the Atlanta Regional Commission for Regional and State review, as per the requirements of the Development Impact Fee Compliance Requirements adopted pursuant to the Georgia Planning Act of 1989. RESOLVED this 21th day of August, 2017 _________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie Gordon, City Clerk Capital Improvements Element 2017 Annual Update Fiscal Year 2016 (10/1/15—9/30/16) Financial Report & Community Work Program City of Milton, Georgia Draft: August 21, 2017 Introduction City of Milton 2017 CIE Annual Update ___________ Draft August 21, 2017 ___________________________________ page 1 This Capital Improvements Element Annual Update has been prepared based on the rules and regulations pertaining to impact fees in Georgia, as specified by the Development Im- pact Fee Act (DIFA) and the Depart- ment of Community Affairs (DCA) documents Development Impact Fee Compliance Requirements and Standards and Procedures for Local Comprehensive Planning. These three documents dictate the essential el e- ments of an Annual Update, specifi- cally the inclusion of a financial report and a schedule of improvements. According to DCA’s Compliance Re- quirements, the Annual Update: “must include: 1) the Annual Re- port on impact fees required under O.C.G.A. 36-71-8; and 2) a new fifth year schedule of improve- ments, and any changes to or re- visions of previously listed CIE projects, including alterations in project costs, proposed changes in funding sources, construction schedules, or project scope.” (Chapter 110-12-2-.03(2)(c)) This Annual Update itself is based on the City of Milton’s Capital Improve- ments Element, as adopted by the City October 5, 2015. Financial Report The Financial Report included in this document is based on the require- ments of DIFA, specifically: “As part of its annual audit pro- cess, a municipality or county shall prepare an annual report describ- ing the amount of any develop- ment impact fees collected, en- cumbered, and used during the preceding year by category of pub- lic facility and service area.” (O.C.G.A. 36-71-8(c)) The required financial information for each public facility category appears in the main financial table (page 2); each of the public facility categories has a single, city-wide service area. The status of all impact fee projects, by public facility category, is shown on the tables on pages 3, 4, 5 and 6. The City’s fiscal year runs from Octo- ber 1 to September 30. Schedule of Improvements In addition to the financial report, the City has prepared a five-year sched- ule of improvements—a community work program (CWP)—as specified in DCA’s Compliance Requirements (Chapter 110-12-2-.03(2)(c)), which states that local governments that have a CIE must “update their entire Short Term [i.e., Community] Work Programs annually.”)1 According to DCA’s requirements,2 the CWP must include:  A brief description of the activity;  Legal authorization, if applicable;  Timeframe for undertaking the ac- tivity;  Responsible party for implement- ing the activity;  Estimated cost (if any) of impl e- menting the activity; and,  Funding source(s), if applicable. All of this information appears in the Community Work Program portion of this document, beginning on page 7. 1 Note that DCA’s Compliance Requirements specify that the work program is to meet the requirements of Chapter 110-12-1-.04(7)(a), which is a reference to the work program re- quirements in a previous version of the Stand- ards and Procedures for Local Comprehensive Planning. The correct current description is found at Chapter 110-12-1-.04(2)(b)1. 2 Chapter 110-12-1-.03(3). Financial Report City of Milton 2017 CIE Annual Update ______________ Draft August 21, 2017__________________________________________ page 2 City of Milton Public Facility Parks & Recreation Fire Protection Law Enforcement Roads Adminis- tration TOTAL Impact Fee Fund Balance October 1, 2015 -$ -$ -$ -$ -$ -$ Impact Fees Collected (October 1, 2015 through September 30, 2016)671,230.80$ 90,232.62$ 15,746.76$ 112,607.76$ 26,694.68$ 916,512.62$ Subtotal: Fee Accounts 671,230.80$ 90,232.62$ 15,746.76$ 112,607.76$ 26,694.68$ 916,512.62$ Accrued Interest 163.35 19.05$ 3.32$ 23.77$ 6.28$ 215.77$ (Impact Fee Refunds)-$ -$ -$ -$ -$ -$ (Expenditures)-$ (8,110.00)$ -$ (96,536.08)$ (26,700.96)$ (131,347.04)$ Impact Fee Fund Balance September 30, 2016 671,394.15$ 82,141.67$ 15,750.08$ 16,095.45$ -$ 785,381.35$ Impact Fees Encumbered 671,394.15$ 82,141.67$ 15,750.08$ 16,095.45$ -$ 785,381.35$ Note: Impact Fee collections initiated October 5, 2015 (FY 2016) Annual Impact Fee Financial Report - Fiscal Year 2016 Financial Report City of Milton 2017 CIE Annual Update ______________ Draft August 21, 2017__________________________________________ page 3 Public Facility: Responsible Party:Parks and Recreation Department Service Area: Project Description Project Start Date Project End Date Local Cost of Project* Maximum % of Funding from Impact Fees Max Funding from Impact Fees* FY 2016 Impact Fees Expended Impact Fees Expended (Previous Years) Total Impact Fees Expended to Date Impact Fees Encumbered Status/Remarks Park Land (455 acres)2017 2035 68,665,646.59$ 67.39%46,275,786.85$ -$ -$ $ 649,949.15 Conservation Easements (2747 ac)2017 2035 37,687,219.02$ 41.44%15,616,326.67$ -$ -$ Land for Trails (110 acres)2017 2035 22,637,026.35$ 41.39%9,369,796.00$ -$ -$ Baseball Fields (8)2022 2035 2,416,978.76$ 63.80%1,541,931.23$ -$ -$ Football/Soccer/Lacrosse (2)2022 2035 277,625.94$ 89.85%249,433.52$ -$ -$ Basketball Courts (11)2022 2035 898,201.57$ 42.18%378,852.88$ -$ -$ Playgrounds (Structured) (34)2020 2035 1,665,755.63$ 42.89%714,408.29$ -$ -$ Picnic Shelters / Pavilions (34)2020 2035 4,997,266.90$ 42.89%2,143,224.88$ -$ -$ 21,445.00$ Broadwell PK Community Centers (4)2018 2035 2,605,646.33$ 42.53%1,108,195.49$ -$ -$ Multi-Use Trails (90.76 miles)2020 2035 62,195,885.85$ 42.48%26,419,298.43$ -$ -$ 204,047,252.94$ 103,817,254.24$ -$ -$ -$ 671,394.15$ *All costs are Net Present Value per CIE adopted October 5, 2015. Maximum funding based on percent impact fee eligible. When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based on the Level of Service standards in the Capital improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop- ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded. NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process. Parks and Recreation City-wide Financial Report City of Milton 2017 CIE Annual Update ______________ Draft August 21, 2017__________________________________________ page 4 Public Facility: Responsible Party:Fire Department / Administration Service Area: Project Description Project Start Date Project End Date Local Cost of Project* Maximum % of Funding from Impact Fees Max Funding from Impact Fees* FY 2016 Impact Fees Expended Impact Fees Expended (Previous Years) Total Impact Fees Expended to Date Impact Fees Encumbered Status/Remarks Emergency Warning Sirens 2014 2014 216,329.00$ 41.44%89,646.74$ -$ -$ -$ Completed Storage Facility 2017 2018 267,096.40$ 100.00%267,096.40$ -$ -$ 40,251.67$ Fire Station 42 Replacement 2020 2022 1,389,243.43$ 40.00%555,697.37$ -$ -$ Training Facility 2017 2017 430,176.66$ 100.00%430,176.66$ 8,110.00$ 8,110.00$ 41,890.00$ Underway Westside Fire Station **2024 2026 1,501,562.50$ 66.67%1,001,091.72$ -$ -$ Hwy 9 Fire Station **2017 2019 1,428,686.06$ 100.00%1,428,686.06$ -$ -$ General Vehicle 2015 2015 38,609.80$ 100.00%38,609.80$ -$ -$ Completed Heavy Vehicle 2016 2016 453,066.46$ 100.00%453,066.46$ -$ -$ Completed General Vehicle 2020 2020 39,442.62$ 100.00%39,442.62$ -$ -$ Heavy Vehicle 2018 2018 462,839.28$ 100.00%462,839.28$ -$ -$ General Vehicle 2022 2022 40,725.67$ 100.00%40,725.67$ -$ -$ Heavy Vehicle 2021 2021 477,895.17$ 100.00%477,895.17$ -$ -$ General Vehicle 2024 2024 42,050.45$ 100.00%42,050.45$ -$ -$ Heavy Vehicle 2024 2024 493,440.83$ 100.00%493,440.83$ -$ -$ Heavy Vehicle 2027 2027 509,492.17$ 100.00%509,492.17$ -$ -$ General Vehicle 2029 2029 43,884.11$ 100.00%43,884.11$ -$ -$ Heavy Vehicle 2030 2030 526,065.66$ 94.36%496,408.38$ -$ -$ General Vehicle 2033 2033 45,797.72$ 94.36%43,215.84$ -$ -$ Heavy Vehicle 2033 2033 543,178.27$ 0.00%-$ -$ -$ General Vehicle 2034 2034 47,287.49$ 0.00%-$ -$ -$ 8,996,869.75$ 6,913,465.73$ 8,110.00$ -$ 8,110.00$ 82,141.67$ *All costs are Net Present Value per CIE adopted October 5, 2015. Maximum funding based on percent impact fee eligible. When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based on the Level of Service standards in the Capital improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop- ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded. **Percent impact fee eligible revised due to change in anticipated year of expenditure. NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process. NOTE: For projects that are not eligible for impact fee funding, the cells in the "FY2016 Impact Fees Expended" column are shaded out, indicated that no impact fees may be expended on those projects. Fire Protection City-wide Facilities Vehicles Financial Report City of Milton 2017 CIE Annual Update ______________ Draft August 21, 2017__________________________________________ page 5 Public Facility: Responsible Party:Police Department / Administration Service Area: Project Description Project Start Date Project End Date Local Cost of Project* Maximum % of Funding from Impact Fees Max Funding from Impact Fees* FY 2016 Impact Fees Expended Impact Fees Expended (Previous Years) Total Impact Fees Expended to Date Impact Fees Encumbered Status/Remarks Law Enforcement Center, Phase 1 2016 2017 30,947.62$ 41.44%12,825.42$ -$ - -$ 12,825.42$ Law Enforcement Center, Phase 2 2018 2018 1,729,358.54$ 41.44%716,686.51$ -$ - -$ 2,924.66$ Law Enforcement Center, Phase 3 2019 2019 2,738,978.49$ 41.44%1,135,096.56$ -$ - -$ 4,499,284.65$ 1,864,608.49$ -$ -$ -$ 15,750.08$ *All costs are Net Present Value per CIE adopted October 5, 2015. Maximum funding based on percent impact fee eligible. When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based on the Level of Service standards in the Capital improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop- ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded. NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process. Law Enforcement City-wide Financial Report City of Milton 2017 CIE Annual Update ______________ Draft August 21, 2017__________________________________________ page 6 Public Facility: Responsible Party:Public Works Service Area: Project Description Project Start Date Project End Date Local Cost of Project* Maximum % of Funding from Impact Fees Max Funding from Impact Fees* FY 2016 Impact Fees Expended Impact Fees Expended (Previous Years) Total Impact Fees Expended to Date Impact Fees Encumbered Status/Remarks Intersection-Hopewell/Francis/Cogburn 2014 2014 992,103.00$ 40.1%397,918.39$ -$ -$ Intersection-Deerfield Pkwy @ Morris Rd 2014 2014 85,206.00$ 40.1%34,174.91$ -$ -$ Intersection-Bethany @ Cogburn 2014 2014 446,923.00$ 40.1%179,254.45$ -$ -$ Intersection-Arnold Mill @ New Providence 2014 2014 313,300.00$ 40.1%125,660.17$ -$ -$ Intersection-Birmingham @ Providence 2014 2014 852,581.00$ 40.1%341,958.10$ -$ -$ Intersection-Hopewell @ Birmingham 2015 2015 693,135.00$ 40.1%278,006.58$ 96,000.00$ 96,000.00$ Intersection-Crabapple @ Birmingham 2014 2018 1,353,263.94$ 40.1%542,774.90$ -$ -$ Transportation Master Plan Update 2015 2016 231,044.84$ 40.1%92,668.80$ -$ -$ McGinnis Ferry Interchange 2015 2015 51,343.30$ 40.1%20,593.07$ -$ -$ Crabapple NE Connector Rd 2017 2019 2,581,434.50$ 40.1%1,035,376.64$ -$ -$ Bridge Replacement Program 2014 2021 2,445,358.07$ 40.1%980,798.32$ -$ -$ Intersection-Freemanville @ Providence/B'ham 2015 2019 2,409,375.80$ 40.1%966,366.34$ 546.08$ 546.08$ $16,095.45 Intersection-SR9 @ Bethany Bend 2014 2018 173,168.05$ 40.1%69,455.24$ -$ -$ Intersection-Webb Rd Turn Lanes 2015 2015 189,970.20$ 40.1%76,194.34$ -$ -$ Intersection-Bethany @ Providence 2016 2022 1,794,032.06$ 40.1%719,560.72$ -$ -$ Intersection-Hopewell @ Bethany Bnd/ Way 2025 2025 3,346,503.60$ 40.1%1,342,234.96$ -$ -$ Intersection-Hopewell @ Redd Road 2015 2017 123,223.91$ 40.1%49,423.36$ -$ -$ Intersection-Hopewell @ Hamby 2020 2022 1,412,239.23$ 40.1%566,429.05$ -$ -$ Intersection-Hopewell @ Thompson 2021 2021 1,439,668.46$ 40.1%577,430.53$ -$ -$ Crabapple SE Connector 2021 2025 180,587.44$ 40.1%72,431.05$ -$ -$ Hopewell/Hamby Road Widening 2030 2030 7,991,049.35$ 40.1%3,205,096.16$ -$ -$ Morris Road Widening 2024 2024 9,125,056.76$ 40.1%3,659,930.39$ -$ -$ 38,230,567.52$ 15,333,736.48$ 96,546.08$ -$ 96,546.08$ 16,095.45$ *All costs are Net Present Value per CIE adopted October 5, 2015. Maximum funding based on percent impact fee eligible. When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based on the Level of Service standards in the Capital improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop- ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded. NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process. City-wide Roads Community Work Program City of Milton 2017 CIE Annual Update ___________ Draft August 21, 2017 ___________________________________ page 7 The City adopted a Comprehensive Plan update which included a complete CWP covering the years 2017 to 2021 (including all projects eligible for impact fee funding). The master Community Work Program within the Comprehensive Plan update includes all project activities, including the specific impact fee eligible projects for the 2017-2012 time frame. The following listing of impact fee projects is submitted as part of this CIE Annual Update report, updated to cover the 5-year period 2018-2022, and thereby amends the master CWP in the Comprehensive Plan. 2018-2022 Community Work Program – Impact Fee Eligible Projects Project Description 20182019202020212022Responsible Party Cost Estimate Funding Sources Notes/ Explanation Parks and Recreation Continue land acquisition program for park lands x x x x x Parks and Recreation $3,614,000 estimated annual average 67.39% Impact Fees; Bond Issue On-going debt service to bonds Continue acquisition program for conservation easements and multi-use trails x x x x x Parks and Recreation $3,175,000 estimated annual average 41.44% Impact Fees for conservation easements; 41.39% Impact Fees for multi- use trails; Bond issue On-going debt service to bonds Construction of multi-use trails x x x x Parks and Recreation / Public Works $3,273,000 estimated annual average 42.48% Impact Fees; General Fund On-going annually Design and improve Providence Park: 1 Playground (structured) 1 Pavilion / Picnic Shelter 1 Multi-Use Trail (1 mi. est.) Completion in 2022 42.89% Impact Fees for playground and pavilion/picnic shelter; 42.48% Impact Fees for trail; General Fund $881,250Parks and Recreationxxxxx Community Work Program City of Milton 2017 CIE Annual Update ___________ Draft August 21, 2017 ___________________________________ page 8 Project Description 20182019202020212022Responsible Party Cost Estimate Funding Sources Notes/ Explanation Design and construct Arnold Mill Park project: 1 Playground (structured) 1Pavilion / Picnic Shelter 1 Multi-Use Trail (1 mi. est.) Design and construct Chadwick Landfill park project x x x x x Parks and Recreation $350,000 Impact Fees (% varies depending on the facilities); General Fund See the Parks and Recreation table in the Financial Report section for facilities' impact fee eligibility Design and construct a community center x x x x x Parks and Recreation $651,412 42.53% Impact Fees; General Fund Fire Construct Storage Facility x Fire/ Administration $267,096 100% impact fees Construct Hwy 9 Fire Station x x Fire/ Administration $1,428,686 100% impact fees Replace Fire Station 42 x x x Fire/ Administration $1,389,243 40% impact fees; General Fund Completion in 2022 Construct Training Facility Fire/ Administration $430,177 100% impact fees Out to bid. Completion during 2017 Purchase heavy vehicle (2)x x Fire/ Administration $940,734 100% impact fees Purchase general vehicle (2)x x Fire/ Administration $80,168 100% impact fees Parks and Recreation $881,250 42.89% Impact Fees for playground and pavilion/picnic shelter; 42.48% Impact Fees for trail; General Fund Completion in 2022xxx Community Work Program City of Milton 2017 CIE Annual Update ___________ Draft August 21, 2017 ___________________________________ page 9 Project Description 20182019202020212022Responsible Party Cost Estimate Funding Sources Notes/ Explanation Police Design and construct Law Enforcement Center x x Police/ Administration $4,499,285 41.44% impact fees; General Fund Underway - in final phases Transportation Complete Intersection- Crabapple @ Birmingham x Public Works $1,353,264 40.1% impact fees; General Fund Bridge Replacement Program x x x x Public Works $2,445,358 40.1% impact fees; General Fund On-going annual improvements Intersection-Freemanville @ Providence & B'ham x x Public Works $2,409,376 40.1% impact fees; General Fund To be completed in phases (Freemanville@Providence is Phase 1) Intersection-SR9 @ Bethany Bend x Public Works $173,168 40.1% impact fees; General Fund Intersection-Bethany @ Providence x x x x x Public Works $1,794,032 40.1% impact fees; General Fund Completion in 2022 Intersection-Hopewell @ Hamby x x x Public Works $1,412,239 40.1% impact fees; General Fund Completion in 2022 Intersection-Hopewell @ Thompson x Public Works $1,439,668 40.1% impact fees; General Fund Completion in 2021 Crabapple SE Connector x x Public Works $180,587 40.1% impact fees; General Fund Completion in 2025 Crabapple NE Connector x x Public Works $2,581,435 40.1% impact fees; General Fund Completion in 2019 QO o D� Ds��i 1 I y O.0 O w d m C) (D 1...� p :E aIDD ap 3y Z N y d N ». m Q d S (N y y (D G M o n n 0 d � j d Q. c➢ p `� N R O L)d3 o sa �m o N d N O O'o tl i a C d�D'o_oow a c c m CML - f9 v N d`.3oo° o O e 3 w a p_ D m w N -moo w o a w o w o y AN tD T y o -u off. °> ID ° 1 ° » y tD w O y it / UT y C � � O � co 3 j;, D CL Sao -0 `L d w w w w =c QMA Om-� � » w C 0 O , AU2C o O j (D p i (Nn N o ( w _ o Q y K d D 63 a s 3 m m°o d y N y N , o _a, y K 6 Q w 0 F d � N O¢ a O ° d m 3 » � O. d N N p o -o a m uD w y m s CD, s ° O O N c _ o ° ° o CL - N n a Cn Nv s w (D d m C' m L w CD ° a M r - C 7 w O a <- ? 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C VV 7 C a Q - N `D � X - O V W 00 O Q n m o _., O O o Q NO 3 O V* MIL ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 16, 2017 FROM: Steven Krokoff, City Manag r AGENDA ITEM: Consideration of Lifting the Moratorium on the Acceptance of Applications for Concept Plan Approval and Applications and Issuance of Land Disturbance Permits for Property Located in the Crabapple Form Based Code that is Adjacent to the Boundaries of the Crabapple Form Based Code District. MEETING DATE: Monday, August 21, 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: OYES () NO CITY ATTORNEY REVIEW REQUIRED: V YES () NO APPROVAL BY CITY ATTORNEY: (v�APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: i Z'l 2` I 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us 0000 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 17-07-437 A RESOLUTION OF THE CITY OF MILTON, GEORGIA EXTENDING UNTIL NOVEMBER 21, 2017, AN EXISTING MORATORIUM TO BAR THE ACCEPTANCE OF APPLICATIONS FOR CONCEPT PLAN APPROVAL AND APPLICATIONS FOR ISSUANCE OF LAND DISTURBANCE PERMITS FOR PROPERTY LOCATED WITHIN THE CRABAPPLE FORM BASED CODE DISTRICT THAT IS ADJACENT TO THE BOUNDARIES OF THE CRABAPPLE FORM BASED CODE DISTRICT WHEREAS, Section 1.12(b)(26) of the Charter of the City of Milton, Georgia ("City") empowers the City to regulate development within the City limits through zoning; and WHEREAS, Chapter 64 of the current Code of the City of Milton, Georgia ("zoning ordinance") divides property within the City into various districts, and regulates the use and development of property based on the district to which the property is designated; and WHEREAS, the City Council has asked the Community Development department to consider changes to the development standards and requirements for the Crabapple Form Based Code District ("Crabapple District"); and WHEREAS, the City Council intends to consider amendments to the zoning ordinance with respect to possible changes to the standards and requirements for the Crabapple District; and WHEREAS, on June 21, 2017, City Council adopted an emergency, temporary moratorium barring until July 25, 2017, the acceptance of applications for concept plan approval and applications for issuance of land disturbance permits for property located within the Crabapple District (the "Crabapple LDP Moratorium"); and WHEREAS, the City Council conducted a properly noticed public hearing on July 24, 2017, to consider the possible extension of the Crabapple LDP Moratorium; and WHEREAS, the City finds extending the Crabapple LDP Moratorium, barring until November 21, 2017, the acceptance of applications for concept plan approval and applications for issuance of land disturbance permits for property located within the Crabapple District that is adjacent to the boundaries of the Crabapple District, to be reasonably necessary, the least restrictive means available, a reasonable exercise of the City's police power, and in the best interests of the public health, safety, and welfare; NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA that: 1. The City does hereby extend until November 21, 2017, the existing Crabapple LDP Moratorium barring the acceptance of applications for concept plan approval and applications for issuance of land disturbance permits for property located within the Crabapple District that is adjacent to the boundaries of the Crabapple District, in order to consider amendment of the zoning ordinance with respect to standards and requirements for the Crabapple District. 2. The moratorium imposed by this Resolution shall terminate on the earliest date of (1) November 21, 2017; (2) approval by the City Council of an additional moratorium after a public hearing; or (3) the adoption of an amendment to the zoning ordinance with respect to the standards and requirements for the Crabapple District. 3. The moratorium imposed herein does not limit the ability to submit applications for concept plan approval or for issuance of land disturbance permits for property located outside of the Crabapple District or to property located within the Crabapple District that is not adjacent to the boundary of the Crabapple District. 4. The moratorium imposed herein does not limit the ability of any property owner to develop their land in accordance with previously submitted applications or approvals so long as the application was then -proper when filed. This Resolution shall be effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO RESOLVED, the public's health, safety, and welfare demanding it, this 24th day of July, 2017. Attest: ��v 6 Sudie Gordon, City Clerk Joe,Liockwoc , Mayor To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on August 17, 2017 for the August 21, 2017 Regular Council Meeting Agenda Item: Consideration of Subdivision Plat 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, Location Map, Plat New Business Agenda Plats Staff Memo Page 2 of 4 Name of Development / Location Action Comments / # lots Total Acres Density 1. Sweet Apple LL 1016 & 1073 Ebenezer Road Final Plat 21 Lots 38.25 .55 Lots / acre New Business Agenda Plats Staff Memo Page 3 of 4 New Business Agenda Plats Staff Memo Page 4 of 4