HomeMy WebLinkAboutAgenda Packet CC - 12/18/2017 - 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, December 18, 2017 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Octavia Sargeant, St. James United Methodist Church,
Alpharetta, 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. 17-313)
4) PUBLIC COMMENT
MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 18, 2017
Page 2 of 4
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678.242.2500.
5) CONSENT AGENDA
1. Approval of the December 4, 2017 Regular City Council Meeting Minutes.
(Agenda Item No. 17-314)
(Sudie Gordon, City Clerk)
2. Approval of a Professional Probation Services Agreement Between Chief
Judge Brian Hansford, in his Official Capacity as the Chief Judge of the
Milton Municipal Court and Integrity Supervision Services, LLC as a
Private Probation Provider by the City of Milton as the Governing
Authority.
(Agenda Item No. 17-315)
(Ken Jarrard, City Attorney)
3. Approval of the Second Extension of the Intergovernmental Agreement
for the Provision of Animal Control Services Between Fulton County,
Georgia and Milton, Georgia.
(Agenda Item No. 17-316)
(Ken Jarrard, City Attorney)
4. Approval of a GIS Data License Agreement with TomTom North America,
Inc. for Geographic Information Systems Data.
(Agenda Item No. 17-317)
(Alicia Newberry, GIS Manager)
5. Approval of Change Order #1 to Professional Services Agreement for
Freemanville at Providence Design.
(Agenda Item No. 17-318)
(Carter Lucas, Assistant City Manager)
6. Approval of Change Order #1 to Professional Services Agreement for
Northeast Crabapple Connector Road Design.
(Agenda Item No. 17-319)
(Carter Lucas, Assistant City Manager)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 18, 2017
Page 3 of 4
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678.242.2500.
7. Approval of the following Subdivision Plats:
Name of Development /
Location Action Comments /
# lots
Total
Acres Density
1. 16410 Waxmyrtle Rd.
LL 237
Waxmyyrtle Road
Combo Plat 1 Lot 1.462 .68 Lots / acre
2. Gates at the Manor
LL 328
Hopewell Road
Minor Plat 2 Lots 2.506 .79 Lots / acre
(Agenda Item No. 17-320)
(Melissa Branen, Plan Review Manager)
6) REPORTS AND PRESENTATIONS
1. Proclamation Recognizing Milton High School Coed Competition
Cheer State Champions.
(Presented by Mayor Joe Lockwood)
2. Proclamation Recognizing Cambridge High School and Milton High
School Cross Country Teams.
(Presented by Councilmember Karen Thurman)
3. Recognition of Councilmember Bill Lusk and Councilmember Karen
Thurman.
(Presented by Mayor Joe Lockwood)
7) FIRST PRESENTATION
1. Consideration of Amendments to Chapter 20, Soil Erosion, Sedimentation
and Pollution Control, Article VI, Soil Erosion within the City of Milton Code of
Ordinances.
(Agenda Item No. 17-321)
(Carter Lucas, Assistant City Manager)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 18, 2017
Page 4 of 4
Persons needing special accommodations in order to participate in any City meeting should call
678.242.2500.
8) PUBLIC HEARING
ALCOHOL BEVERAGE LICENSE APPLICATION
1. Consideration of the Issuance of an Alcohol Beverage License to
Tambareni Hotels Group, LLC., d/b/a Paradise Biryani Point, 5310
Windward Pkwy, Suite D, Milton, Georgia 30004.
(Agenda Item No. 17-322)
(Bernadette Harvill, Finance Director)
9) ZONING AGENDA
1. Consideration of RZ17-11 Text Amendment to Article XX – Deerfield Form
Based Code, Table 10: Specific Function and Use Regarding the T-6
Transect Zone.
(Agenda Item No. 17-323)
(First Presentation at City Council Meeting on December 4, 2017)
(Kathleen Field, Community Development Director)
10) UNFINISHED BUSINESS (none)
11) NEW BUSINESS (none)
12) MAYOR AND COUNCIL REPORTS
STAFF REPORTS
Department Updates
1. Communications
2. Community Development
3. Information Technology
13) EXECUTIVE SESSION (if needed)
14) ADJOURNMENT
(Agenda Item No. 17-324)
I LTO N1 It
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: December 13, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Professional Probation Services Agreement
Between Chief Judge Brian Hansford, in his Official Capacity
as the Chief Judge of the Milton Municipal Court and Integrity
Supervision Services, LLC as a Private Probation Provider by
the City of Milton as the Governing Authority.
MEETING DATE: Monday, December 18, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,�,CPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (,JXES () NO
CITY ATTORNEY REVIEW REQUIRED: (,y ES () NO
APPROVAL BY CITY ATTORNEY: (PROVED () NOT APPROVED
PLACED ON AGENDA FOR: /,z %i8 iL°l
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info4cityofmiltonga.us I www.cityofmiltonga.us
0000
Page 1
This Agreement is made as of the _________ , (hereinafter referred to as the “execution
date”), by and between the City of Milton, Georgia Governing Authority, Brian Hansford, in his
official capacity as the Chief Judge of the Milton Municipal Court, with an address of 13000
Deerfield Parkway, Suite 107E, Milton, GA 30004, (hereinafter called “Court”); and
INTEGRITY SUPERVISION SERVICES, LLC., located at 7740 Roswell Road, Suite 100,
Sandy Springs, GA 30350, organized and existing under the laws of the State of Georgia
(hereinafter called “Contractor”). Subject to the provisions of O.C.G.A. § 42-8-100, et seq., the
Court with the approval of the City of Milton Governing Authority is authorized to enter into this
agreement to provide comprehensive professional probation services for the Court. The term
“approval of the City of Milton Governing Authority” means official action taken by the City of
Milton Governing Authority.
WITNESSETH: That for and in consideration of the mutual covenants and agreements herein set
forth, the parties hereby agree as follows:
ARTICLE I. AGREEMENT TIME
The term of this Agreement is to commence upon_________________. This Agreement shall: (I)
terminate without further obligation on the part of the Court or the City of Milton Governing
Authority, each and every December 31st, as required by O.C.G.A. § 36-60-13, as amended, unless
terminated earlier in accordance with the termination provisions of this Agreement; (II)
automatically renew on each January 1st, unless terminated in accordance with the termination
provisions of this Agreement. This Agreement is not to exceed five (5) years.
ARTICLE II. RESPONSIBILITIES OF CONTRACTOR
1. Responsibilities of Probation Services Contractor.
1.1. Compliance with Statutes and Rules. Contractor shall comply with all applicable federal
and state law, including but not limited to O.C.G.A. § 42-8-100 et seq. and Ga. Comp. R.
& Regs. 503-1-.01 et seq. and all standards, rules and regulations promulgated by the
Court and the Georgia Department of Community Supervision.
1.2. Records and Confidentiality. Contractor shall create and maintain individual files for each
probationer receiving services from Contractor in accordance with this Agreement.
Contractor shall maintain the security and confidentiality of all files, records and papers
relative to supervision of probationers under this Agreement. These records, files and
papers shall be available only to the judge of the court handling the case, officers or
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employees of City of Milton Georgia, if approved by the Chief Judge, the Department of
Audits and Accounts, the Municipal Probation Advisory Council, and upon transfer of
probation supervision to the State, to the Georgia Department of Corrections.
1.3. Officer Qualifications and Training. Contractor shall employ competent and able
personnel to provide the services to be rendered hereunder and to appropriately administer
assigned caseloads. All probation officers shall be a least twenty-one (21) years of age and
have the educational qualifications as required by O.C.G.A. § 42-8-102. All administrative
staff shall be at least eighteen (18) years of age and have the educational qualifications in
accordance with the Georgia Department of Community Supervision rule 105-2-09. All
probation officers, (#4) administrative staff, interns or volunteers shall comply with the
orientation and continuing education training required per annum per DCS rule 105-2-.09
and DCS rule 105-2-.12. No person who has been convicted of a felony will be employed
by Contractor as a probation officer.
1.4. Criminal History Check. Contractor shall have a criminal history records check made of
all probation officers and certify the results with the Department of Community
Supervision.
1.5. Officer per Probationer Ratio. Contractor shall manage caseload limits so as not to exceed
300 active probationers per probation officer.
2. Reports to Court. Contractor shall provide written monthly reports listing the services
rendered and provide such other reports as may be requested by the Court. These shall include:
statistical reports, caseload data, and other records documenting the identity of each
probationer, the status of each probationer's case, the services provided, the monies collected,
and all data required by O.C.G.A. 42-8-103. Monthly reports will be delivered to the Court on
or before the 3rd day of the following month. Contractor shall provide personal history,
employment data, and location information to the Court and law enforcement as necessary to
track probation violators.
The original financial reports must be submitted to:
City of Milton Municipal Court
13000 Deerfield Dr. Suite 107E
Milton, GA 30004
3. Tender of Collections. Contractor shall tender to the Clerk of the Court a report on collections
and all fines, fees, and costs collected during the month from probationers by the 3rd day of
the following month. Restitution shall be paid to the victim by the 7th day of the month
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following collection unless the Court orders payment to the Clerk of Court, and then it shall be
paid as such other collections are paid to the Clerk. In the event Contractor cannot locate the
victim, payment shall be made to the Clerk of Court. Contractor shall credit payments of funds
in the following order of priority: 1) funds paid by the probationer for restitution; 2) courts
costs and surcharges; 3) fines; 4) program costs; 5) drug and alcohol screening test fees; and
6) probation fees. Contractor shall not retain or profit from any fines, restitution, fees or costs
collected from probationers except Contractor shall be entitled to keep the probation fees
authorized by this Agreement.
4. Access to Contractor Records.
4.1. Access to Records. Upon twenty-four (24) hours written notice Contractor shall provide
to the Court access to all books, records, correspondences, receipts, vouchers, memoranda,
and financial information pertaining to the services rendered under this Agreement for any
purpose including but not limited to conducting or reviewing a complete fiscal or program
audit for any fiscal or calendar year.
4.2. Fiscal Audit. Contractor shall employ an independent auditor to annually audit its records
and books pertaining to the services rendered to the Court. A written copy of this audit
shall be provided to the Court within two (2) months of the close of the year audited.
4.3. Good Business Practices. Contractor shall not engage in any other employment, business
or activity that interferes or conflicts with the duties and responsibilities under this
Agreement and shall not allow its employees to do so. Furthermore, neither Contractor
nor any of its officers, employees or agents shall lend any monies nor have personal
business dealings with a probationer under the supervision of Contractor.
Additionally, Contractor will abide by O.G.C.A. 42-8-104(c)(1) which states: No private
corporation, private enterprise, or private agency contracting to provide probation services
under the provisions of this article nor any employees of such entities, shall own, operate,
have any financial interest in, be an instructor at, or be employed by any private entity
which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use
Risk Reduction Program certified by the Department of Driver Services.
4.4. Financial Records. Contractor shall maintain financial records according to generally
accepted accounting practices.
5. Scope of Services to Probationers by Contractor
5.1. In this Section 5, the term "Court" shall include the Chief Judge and all other appointed or
assigned Judges presiding over matters in the Milton Municipal Court.
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5.2. Court Attendance and Probationer Case History. As required by the Court, the Contractor
shall have a probation officer attend and interview each probationer to complete a case
and personal history and to provide orientation and instruction regarding compliance with
the Court's ordered conditions of probation. At orientation, the probation officer shall
provide a list of all service fees to the probationer as described in the Service Cost
Description, Attachment 1, attached hereto and incorporated by reference.
5.3. Supervision. Contractor shall monitor and supervise offenders to ensure compliance with
the Court’s Sentence Form. Contractor shall provide comprehensive probation and
supervision management for Court offenders through supervision by certified probation
officers and aides as mandated by the Sentencing Form. These services will include
maintaining case files that record each offender’s case management, fine, fee and civil
payment collections as well as referral to local facilities for any Court Ordered Programs.
5.4. Indigent Probationers. Probationers determined by federal guidelines to be indigent shall
be supervised at no cost to the probationer, the Court, or City of Milton, Georgia.
Indigence is to be determined by the Court and is subject to periodic review.
5.5. Alternative sentencing programs. Contractor shall assist with the Pre-Trial Diversion
Program, Code Enforcement Compliance Cases, and any Civil Payment Arrangement
Plans that are administered through the Court. Additionally, Contractor shall engage in
future participation in other alternative court as requested from the Court. Contractor shall
design sentencing forms for the Court’s approval. The information on the Sentencing
Form shall include but not be limited to the offender’s name, address, charge, conviction
date, payment schedule and any of terms, conditions and length of the sentence.
5.6. Restitution, Fine and Fee Collection. Contractor shall collect restitution, fines, court costs
and fees, program fees, and probation fees as ordered by the Court. Contractor shall
provide an itemized bill, prepared in accordance with accepted accounting practices, for
each month for each probationer.
5.7. Handling pay only cases. When pay-only probation is imposed, the probation supervision
fees shall be capped so as not to exceed three months of ordinary probation supervision
fees notwithstanding the number of cases for which a fine and statutory surcharge were
imposed or that the defendant was sentenced to serve consecutive sentences.
5.8. Procedures for Handling Consecutive cases. Per O.C.G.A.42-8-103.1. When a defendant is
serving consecutive misdemeanor sentences, whether as a result of one case from one jurisdiction
or multiple cases from multiple jurisdictions, upon motion by the defendant, the court may
discharge such defendant from further supervision or otherwise terminate probation when it is
Page 5
satisfied that its action would be in the best interest of justice and the welfare of society. Such
motion shall not be ripe until 12 months after the sentence was entered and every four months
thereafter. The defendant shall serve the applicable entity or governing authority that is providing
his or her probation services with a copy of such motion.
When a defendant is serving consecutive misdemeanor sentences, his or her probation
officer or private probation officer, as the case may be, shall review such case after 12
consecutive months of probation supervision wherein the defendant has paid in full all
court imposed fines, statutory surcharges, and restitution and has otherwise completed all
testing, evaluations, and rehabilitative treatment programs ordered by the court to
determine if such officer recommends early termination of probation. Each such case
shall be reviewed every four months thereafter for the same determination until the
termination, expiration, or other disposition of the case. If such officer recommends early
termination, he or she shall immediately submit an order to the court to effectuate such
purpose.
5.9. Reporting Options and Frequency of Reporting. Contractor will allow for offenders to
report in person, through mail, email, by phone or via video conferencing as accepted by
the Court.
Contractor shall have offenders report at least once per month while they are under active
reporting status. Offenders who are not in compliance may be required to report more than
once per month. Reporting will not be required for cases that are in non-reporting status.
5.10. Payment Options. Contractor shall allow offenders to make fine and fee payments
in person, mail or through an online payment system as available. Cash, money order,
debit card and credit card payments will be accepted. Contractor shall be able to interface
with the Court’s payment provider, at no cost to the City or Court.
5.11. Community Service. As ordered by the Court, Contractor shall coordinate, monitor,
and ensure compliance with community service by each probationer. Contractor will
maintain records of community service participation.
5.12. Court Ordered Programs. Contractor shall provide referral to any Court Ordered
Programs as ordered by the Court and develop time based deadlines based on the length
of the sentence with the Court. Contractor will abide by O.C.G.A 42-8-104(c)(1) which
states: No private corporation, private enterprise, or private agency contracting to provide
probation services under the provisions of this article nor any employees of such entities,
shall own, operate, have any financial interest in, be an instructor at, or be employed by
Page 6
any private entity which provides drug or alcohol education services or offers a DUI
Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver
Services.
5.13. Compliant vs. Non-Compliant Procedures. Contractor shall work with Court to
develop written supervision standards that explain reporting requirements for compliant
and non-compliant probationers. Standards will detail the violations that will results in
increased reporting requirements and the compliance that will result in decreased
reporting. Standards will detail the type of actions that will be taken for probationers who
fail to report, are under financial non-compliance, test positive on a drug screen or are
non-compliant with completing any court ordered programs.
5.14. Employment Assistance. Contractor shall prepare referrals and lend reasonable
assistance to probationers either to the extent ordered by the Court, or to the extent
available for probationers desiring employment assistance, or counseling.
5.15. Drug/Alcohol Screening. Contractor shall coordinate with local authorities and
facilities, for evaluation and assessment of probationers for drug/alcohol rehabilitation,
mental health or psychological counseling, or educational programs mandated by the
Court and shall require probationer's compliance. As determined necessary by the Court,
Contractor shall conduct drug and alcohol screens. The probationer shall be responsible
for the costs of all drug or alcohol screens and testing. Contractor will consult with the
Court and establishing guidelines for proceeding with administrative actions.
5.16. Electronic Monitoring. Contractor, when so ordered by the Court, shall provide and
operate a system of electronic home detention monitoring for probationers.
5.17. Probation Revocations Reports. Contractor shall provide timely implementation of
revocation proceedings whenever the probationer has failed to substantially comply with
the terms and conditions of probation. The Court shall provide the Contractor with
direction concerning what constitutes a substantial failure to comply with probation terms
and conditions. Contractor shall prepare probation violation on warrants and orders for
submission to the Court. Contractor shall have probation officers available to testify at
probation revocation hearings, sentencing hearings and such other hearings as deemed
reasonable and necessary by the Court. Minor violations of probation, although not cause
for revocation, shall be included in the regul ar reports made to the Court under this
Agreement. The Court shall provide Contractor direction as to what curative measures
should be taken in the case of minor violations.
Page 7
5.18. Pre-sentence Investigations. When directed by the Court, Contractor shall conduct
pre-sentence investigations. A written report shall be prepared and delivered to the Court.
A pre-sentence investigation shall include: 1) a report on the circumstances of the offense;
2) a social and family background examination; 3) a criminal history check through
Georgia Crime Information Center and the National Crime Information Center, and 4) a
report of current circumstances and conditions of the probationer.
ARTICLE III. OBLIGATIONS OF THE COURT OR THE CITY
1. Payment for Contractor Services.
1.1. Basic Services. For the basic services performed, no payment will be made to the
Contractor by the Court or the City. At no charge to the Court or the City, the Contractor
will collect a probation fee, in addition to the court-ordered fines, court costs and
restitution from all probationers who enter into the Court's probationary and alternative
sentencing programs. The Contractor will remit to the Court all monies collected from
probationers for court-ordered fines, court costs and restitution. The Contractor will retain
only the probation and alternative sentencing fees as indicated in Attachment 1. In
addition, Contractor agrees to never collect monthly probation fees in advance.
1.2. Priority of Payment. Payments on account of said fee for basic services shall be made
payable as follows: all court-ordered fines and court costs, probation fees and restitution
shall be collected from probationers in accordance with orders issued by the Court. All
funds will be collected from probationers on a monthly payment schedule. A monthly
report shall be provided to the Court that itemizes all fines according to case.
1.3. Division of Fees. When probationers pay their fines, costs and/or restitution and fees in
full, an individual status report will be provided to the Court enabling the Court to remit
surcharge amounts to other authorities for amounts collected. Any payments that are less
than the amount due are divided in half between the monies due to the court-ordered
obligation, including court-ordered-fine, court costs and/or restitution and the other half
due to probation fees. If at such time an account is determined to be uncollectible, in whole
or in part, the Contractor will disburse all collected funds as ordered by the Court. To
ensure that the Court receives the monies due, at no time shall less than fifty percent (50%)
of any payment go towards the court-ordered fines, court costs and/or restitution.
1.4. Victims Compensation Fund (VCF) Payments. Contractor shall remit all payments for the
VCF, on a monthly basis, directly to the Criminal Justice Coordinating Council.
1.5. Fee Schedule. The Contractor's proposed fee schedule is described in Attachment 1. In
case of termination of the Agreement before the completion of all work, the Contractor
will retain only monies for probation fees collected as of the effective date of termination.
Page 8
2. Access to Criminal Histories. The Court shall assist Contractor in obtaining access to criminal
histories in the Georgia Crime Information Center and National Crime Information Center
through local law enforcement in order for Contractor to conduct pre-sentence or probationer
investigations, as may be requested by the Court.
3. Notice of Court Sessions. The Court shall provide Contractor three (3) days advance notice
of all court sessions that Contractor is required to attend. Notice for purposes of this provision
may be given by mail, email, fax or telephone. It is currently understood court sessions are
every Thursday night throughout unless otherwise noted. Moreover, the Court may require the
provider attend any emergency session without three (3) day advanced notice.
4. Court Facilities. The Court shall provide to Contractor an area, as available, to conduct initial
interviews and orientation with the probationer on the day of sentencing.
ARTICLE IV. GENERAL CONDITIONS
1. Accuracy of Work. The Contractor shall be responsible for the accuracy of the work and any
error and/or omission made by the Contractor in any phase of the work under this Agreement.
2. Additional Work. If the Contractor is asked by the Court to perform services beyond the scope
of this Agreement for which payment is desired, it shall notify the Court in writing, state that
the service is considered outside the basic scope of work of this Agreement, give a proposed
cost for the additional services, and obtain the approval in writing from the Court prior to
performing the additional service for which it is to be paid. The Court shall in no way be held
liable for any work performed under this section which has not been pre-approved in writing.
3. Ownership of Documents. All documents and data are and remain the property of the Court.
The Contractor agrees that the Court may reuse any and all data or documents described herein
in its sole discretion without first obtaining permission of the Contractor and without any
payment of any monies to the Contractor therefore.
4. Termination.
4.1. The Court may terminate this Agreement with or without cause at any time by delivering
to the Contractor with at least sixty (60) days’ notice, a written Notice of Termination
specifying the nature, extent, and effective date of termination, at the addresses indicated
herein.
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4.2. The Court may terminate this Agreement immediately for cause, including without
limitation a material breach of this Agreement, insolvency of Contractor, or Contractor's
filing of a voluntary or involuntary case in bankruptcy.
4.3. If the Contractor can establish or it is otherwise determined that the Contractor was not in
default or that the failure to perform is excusable, a termination for cause will be
considered to have been a termination for the convenience and the rights and obligations
of the parties will be governed accordingly.
4.4. At the end of business day of the last working day of the contract, the Contractor shall
peacefully surrender to the Court all records and documents, and any equipment, or
supplies assigned to Contractor by the Court. Contractor shall turn over to the Clerk of
Court any moneys collected or received less supervision fees validly incurred and duly
owing to Contractor through the effective date of termination. Any fines, costs, fees or
restitution received by Contractor from probationers of the Court after termination of this
Agreement shall be forwarded to the Clerk of Court, other than probation fees earned by
Contractor prior to the effective date of termination. The Court shall provide Contractor a
receipt for all property surrendered under this provision.
4.5. Contractor may terminate this Agreement by delivering to the court with at least ninety
(90) days’ notice, a written Notice of Termination, specifying the nature, extent and
effective date of termination at the address indicated herein.
4.6. This Agreement is not exceed five (5) years
5. 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 shall be sent by (a) registered of certified United States mail,
return receipt requested, postage prepaid; (b) personal delivery to the Court, (c) overnight
courier service, or (d) delivered in person to the Contractor or its authorized representative. All
notices sent to the addresses listed below shall be binding unless said address is changed in
writing no less than two weeks before such notice is sent. Future changes in address shall be
effective upon written notice given by the Contractor to the Court via certified first class U.S.
mail, return receipt requested. Such notices will be addressed as follows:
Contractor: Court:
Attn: Mario Gonzales, President Attn: Brian Hansford, Chief Judge
Integrity Supervision Services, LLC Milton Municipal Court
7740 Roswell Road 13000 Deerfield Parkway
Suite 100 Suite 107E
Page 10
Sandy Springs, GA 30350 Milton, GA 30004
Phone: 404-723-8146 Phone:
Email: mgonzales@integritysupervision.com Fax:
Email:
6. Corporate Authority. Contractor agrees to execute the Certificate of Corporate Authority
attached hereto as Attachment 2, and incorporated by reference, to certify that the officials of
the Contractor executing this Agreement are duly and properly in office and are fully
authorized and empowered to execute the same for and on behalf of the Contractor. (1)
Contractor has all requisite power and authority to enter into and perform its obligations under
this Agreement. (2) The execution and delivery by the Contractor of this Agreement and the
compliance by the Contractor with all of the provisions of this Agreement: (i) is within the
purposes, powers, and authority of the Contractor, (ii) has been done in full compliance with
applicable law and has been approved by the governing body of the Contractor and is legal and
will not conflict with or constitute on the part of the Contractor a violation of or a breach of or
a default under any indenture, mortgage, security deed, pledge, note, lease, loan, or installment
sale agreement, contract, or other agreement or instrument to which the Contractor is a party
or by which the Contractor is otherwise subject or bound, or any license, judgment, decree,
law, statute, order, writ, injunction, demand, rule, or regulation of any court or governmental
agency or body having jurisdiction over the Contractor, and (iii) has been duly authorized by
all necessary action on the part of the Contractor. (3) This Agreement is the valid, legal, binding
and enforceable obligation of the Contractor.
7. Independent Contractor Status and Contractor's Personnel. The Contractor will supervise
and direct the services required by this agreement. The Contractor shall, at all times, maintain
discipline and good order among its employees, and shall not employ any unskilled or unfit
person or persons. The Contractor is an independent contractor. Other than the consideration
set forth herein, the Contractor, its officers, agents, servants, employees and any
Subcontractors shall not be entitled to any Court or City employee benefits including, but not
limited to social security, insurance, paid annual leave, sick leave, worker's compensation, free
parking or retirement benefits. All services provided by Contractor shall be by employees of
Contractor and subject to supervision by Contractor and not as officers or employees of the
Court or the City. Personnel policies, tax responsibilities, social security payments, health
insurance, employee benefits and other administrative policies, procedures or requirements
applicable to services rendered under this Agreement shall be those of the Contractor, and not
the Court, nor the City.
The Court reserves the right, at its sole discretion and for its convenience, to refuse the
admissions of any individual assigned to the Court by the Contractor. Further, the Court shall
be informed of the identity of the staff assigned by Contractor and any subsequent changes to
Page 11
the personnel and/or assignments, including but not limited to confirming the completion of or
allowing the City to conduct background checks, notifying the City of any employee’s
suspension, demotion and/or termination.
8. Indemnification and Hold Harmless.
8.1. The Contractor shall be responsible from the time of signing the Agreement, or from the
time of the beginning of the first work, whichever shall be the earlier, for all injury or
damage of any kind resulting from the Contractor's services provided pursuant to this
Agreement, to persons or property, including employees and property of the Court and the
City. The Contractor shall exonerate, indemnify, and save harmless the Court, the City, its
elected officials, appointed officials, officers, employees, agents, and servants, including
the Municipal Court Judges, and any officials, officers, employees, agents or servants
assigned to or employed by the Milton Municipal Court, collectively referred to in this
section of this Agreement as "the City and its employees and officers," from and against
all claims or actions, and all expenses incidental to the defense of any such claims,
litigation, and actions, based upon or arising out of damage or injury (including death) to
persons or property caused by or sustained in connection with the performance of this
Agreement or by conditions created thereby or arising out of or any way connected with
the Contractor's services performed under this Agreement and shall assume and pay for,
without cost to the City and its employees and officers, the defense of any and all claims,
litigation, and actions suffered through any act or omission of the Contractor, or any
subcontractor, or anyone directly or indirectly employed by or under the supervision of
any of them.
8.2. The Contractor shall assume responsibility and liability fo r any damage, loss, or injury,
including death, of any kind or nature whatever to person or property, resulting from any
kind of claim made by Contractor's employees, agents, vendors, suppliers or
subcontractors caused by or resulting from the performance of services under this
Agreement, or caused by or resulting from any error, omission, or the negligent or
intentional act of the Contractor, vendors, suppliers, or subcontractors, or any of their
officers, agents, servants, or employees. The Contractor shall defend, indemnify, and hold
harmless the City and its employees and officers from and against any and all claims, loss,
damage, charge, or expense to which they or any of them may be put or subjected by
reason of any such damage, loss, or injury.
8.3. The Contractor expressly agrees to provide a full and complete defense against any claims
brought or actions filed against the City and its employees and officers, where such claim
or action involves, in whole or in part, the subject of the indemnity contained in this
Agreement, whether such claims or actions are rightfully or wrongfully brought or filed.
Page 12
The City and its employees and officers have the sole discretion to choose the counsel
who will provide the defense.
8.4. No provision of this Agreement and nothing herein shall be construed as creating any
individual or personal liability on the part of any Judge of the Milton Municipal Court,
any elected official, appointed official, officer, employee, agent or servant of the Milton
Municipal Court or the City, nor shall the Agreement be construed as giving any rights or
benefits hereunder to anyone other than the parties to this Agreement.
8.5. The parties agree that Contractor shall be liable for all fines or civil penalties, which may
be imposed by any local, federal or state department or regulatory agency that are a result
of Contractor's performance of the services under this Agreement. Contractor shall pay
the costs of contesting any such fines.
9. Laws and Regulations. The Contractor's attention is directed to the fact that all applicable
federal and state laws, county and municipal ordinances, and, the rules and regulations of all
authorities having jurisdiction over the services provided by the Contractor shall apply to the
Agreement throughout, and they will be deemed to be included in the Agreement the same as
though herein written out in full. The Contractor shall keep itself fully informed of all laws,
ordinances, and regulations in any manner affecting these services to be provided by the
Contractor and of all order and decrees of the Court or other bodies or tribunals having any
jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered
in this Agreement in relation to any such law, regulation, ordinance, order, or decree, it shall
herewith report the same, and it shall at all times observe and comply with all such laws,
ordinances, and regulations. Contractor shall not discriminate against person in its operations,
activities or performance of services under this Agreement. Contractor shall affirmatively
comply with all applicable provisions of federal, state and local equal employment laws and
shall not engage in or commit any discriminatory practice against any person based on race,
age, religion, color, gender, national origin, physical or mental disability, or political
affiliation. Contractor shall maintain a Drug Free Workplace.
10. Permits and Licenses. Prior to execution of this Agreement, Contractor shall provide the
Court with copies of all required licenses, certifications and permits for the Contractor and/or
all of Contractor's employees, personnel, agents or subcontractors performing services that
require licensure by the federal government, the State of Georgia, or the City. Contractor
hereby warrants and represents that at all times during the contract term it shall maintain in
good standing all required licenses, certifications, and permits required under federal, state and
local laws necessary to perform the services required by this Agreement.
Page 13
11. Foreign Corporations. In the event the Contractor is a foreign corporation, partnership, or
sole proprietorship, the Contractor hereby irrevocably appoints the Georgia Secretary of State
as its agent for service of all legal process for the purposes of this Agreement only.
12. Insurance and Bonding. The Contractor shall furnish the following along with this
Agreement:
12.1. Certificates of Insurance in companies doing business in Georgia and acceptable to the
Court covering:
12.1.1. Statutory Workers' Compensation Insurance, or proof that Contractor is not
required to provide such coverage under State law;
12.1.2. Professional Liability Insurance on the Contractor's services in this Agreement with
limit of $1,000,000.00;
12.1.3. Comprehensive General Liability Insurance covering all operations with combined
single limit of $1,000,000.00.
12.1.4. Fidelity Bond coverage on the Contractor's services in this Agreement with limits
of $25,000.00.
12.1.5. Umbrella or Excess Insurance is acceptable to meet the minimum limits whenever
there is an insurer licensed to do business in Georgia which is providing at least the
first $100,000.00 or primary coverage
12.2. Certificates of insurance must be executed in accordance with the following provisions:
12.2.1. Certificates to contain policy number, policy limits, and policy expiration date of
all policies issued in accordance with this Agreement;
12.2.2. Certificates to contain the location and operations to which the insurance applies;
12.2.3. Certificates to contain Contractor's protective coverage for any subcontractor's
operations;
12.2.4. Certificates to contain Contractor's contractual liability insurance coverage;
12.2.5. Certificates are to be issued to:
City of Milton Municipal Court
1300 Deerfield Parkway, Suite107E
Milton, GA 30004
12.3. The Contractor shall be wholly responsible for securing certificates of insurance
coverage as set forth above from all subcontractors who are engaged in providing
services pursuant to this Agreement.
12.4. The Contractor agrees to carry statutory Workers' Compensation insurance and to have
all subcontractors likewise carry statutory Workers' Compensation insurance.
Page 14
13. Georgia Laws Govern. This Agreement shall be governed by and construed and enforced in
accordance with the laws of Georgia.
14. Time is of the Essence of this Agreement. Time is of the essence with respect to all provisions
within this Agreement. Any delay in performance by Contractor shall constitute a material
breach of this Agreement.
15. Federal Work Authorization.
15.1. Pursuant to O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-
.02, the Contractor and its subcontractors shall register and participate in the Federal
Work Authorization Program to verify the information of all new employees.
15.2. Contractor certifies that it has complied and will continue to comply with O.C.G.A. §13-
l 0-91 and Georgia Department of Labor Rule 300-10-1-.02.
15.3. Contractor agrees to sign an affidavit evidencing its compliance with O.C.G.A. §13-10-
91 and Georgia Department of Labor Rule 300-10-1-.02.
15.4. Subject to written approval to subcontract theses services, the Contractor agrees that in
the event that it employs or contracts with any subcontractor(s) in connection with this
Agreement, Contractor will secure an affidavit that certifies the subcontractor's current
and continuing compliance with O.C.G.A. §13-10-91 and Georgia Department of Labor
Rule 300-1 0-1-.02. All the relevant contractor, subcontractor, and affidavit forms are
included as Attachments 3 and 4 attached hereto and incorporated herein by reference.
16. Venue. The law of the State of Georgia shall govern the construction of this Agreement. The
Superior Court of Fulton County, Georgia shall have exclusive jurisdiction to try disputes
arising under or by virtue of this Agreement.
17. Assignment. The Court has entered into this Agreement in part on the basis of personal
reliance in the integrity and qualifications of the staff of Contractor. Contractor may not
delegate, assign or subcontract any obligation of the Contractor's performance under the
Agreement and may not assign any right under this Agreement, in either case without the
Court's written approval. The Court's discretion in this regard will not be unreasonably
withheld.
18. Severability. If any provision of this Agreement or the application thereof to any person or
circumstance shall to any extent be held invalid, then the remainder of this Agreement or the
application of such provision to persons or circumstances other than those as to which it is held
Page 15
invalid shall not be affected thereby, and each provision of this Agreement shall be valid and
enforced to the fullest extent permitted by law.
19. Judicial Interpretation. Should any provision of this Agreement require judicial
interpretation, it is agreed that the court interpreting or construing the same shall not apply a
presumption that the terms hereof shall be more strictly construed against one party by reason
of the rule of construction that a document is to be construed more strictly against the party
who itself or through its agent prepared same, it being agreed that the agents of all parties have
participated in the preparation hereof and all parties have had an adequate opportunity to
consult with legal counsel.
20. Headings, Captions, and References. The section captions contained in this Agreement are
for convenience only and do not in any way limit or amplify any term or provision hereof. The
use of the terms "hereof," "hereunder" and "herein" shall refer to this Agreement as a whole,
inclusive of the Attachments, except when noted otherwise. The use of the masculine or neuter
genders herein shall include the masculine, feminine and neuter genders and the singular form
shall include the plural when the context so requires.
21. Entire Agreement. This Agreement constitutes the sole Agreement between the Court and the
Contractor. No representations oral or written not incorporated herein shall be binding on the
parties. No amendment or modification of this Agreement shall be enforceable unless approved
by the Court, with the approval of the City of Milton Governing Authority, if such approval is
required by applicable law.
IN WITNESS WHEREOF, the parties here to have executed this Agreement in four counterparts,
each of which shall be deemed an original, and all such counterparts together shall constitute one
and the same agreement.
INTEGRITY SUPERVISION SERVICES, LLC MILTON MUNICIPAL COURT
By: By:
Mario L. Gonzales Honorable Brian Hansford, Chief Judge
President
Date: _____________________________ Date: __________________________
Page 16
ATTEST: APPROVED AS TO FORM:
City Clerk Signature City Attorney Signature
Date: _______________________________ Date: _______________________________
ADOPTED by the Mayor of Milton, Georgia, this ____ day of ______________________,
2017.
Mayor Joe Lockwood
Milton, Georgia
APPROVED by the City Manager of the City of Milton, Georgia, this ____ day of ______
_, 2017.
Steve Krokoff, City Manager
Milton, Georgia
Page 17
ATTACHMENT 1
Service Cost Description
Services Fees Activities
Pay Only Supervision $35.00 per month Minimum one per month visit with
probationer accomplished by phone,
mail, or in person.
Supervision Contract $35.00 per month Supervise all conditions of probation,
collection of fines, court cost, and
restitution.
Civil Payment Supervision $ 10.00 per month Minimum supervision accomplished by
phone, mail with no office visits
required.
Case Initiation Fee $10.00 one-time fee Fee is for input of data into online
system, digital photo, address and
phone verification.
Electronic Monitoring - Voice
Tracking
$4.00 per day Monitors curfew via voice recognition
technology.
Electronic Monitoring - Home
Confinement (RF)
$7.00 per day Monitors curfew only via Radio
Frequency Technology.
Electronic Monitoring- Remote
Alcohol Testing
$10.00 per day Monitors alcohol content via remote
testing unit at probationer's home.
Electronic Monitoring- Remote
Alcohol and Home Confinement
$10.00 per day Monitors alcohol content via remote
testing unit at probationer's home and
curfew
Electronic Monitoring - Active
GPS Tracking
$12.00 per day Monitors curfew and allows instant
position of probationer. Inclusion zones,
exclusion zones, and victim
notification.
Substance Abuse Monitoring $15.00 per Drug Screen
Community Service Work
Coordination
Included No Charge
Page 18
Community Service Work
Coordination & Supervision
Included No Charge
Community Service Liability
Insurance(optional)
$20.00 for every 40
hours assigned
Community service insurance is paid
for by the probationer. If probationer
gets hurt while performing community
service, the policy covers up to
$10,000.00 medical bills.
No Supervision fees shall be charged on Pay-Only cases if all conditions of the sentence are
completed within the first two weeks of the sentence order.
Page 19
Services Fees Activities
My Values Workshop
or
Youthful Offenders Workshop
or
Shoplifting Workshop
$65.00 One day (7 hour) program that focuses
on the choices made by the probationer.
Challenges beliefs and looks at the role
of facts vs. opinions in relation to their
beliefs. The probationers identify their
strengths and their weaknesses, set
realistic goals and develop a plan to
achieve these goals.
Families Making Families
Program
$25.00 per module
Twelve (12) module program designed
to teach positive parenting skill.
Exercises include having probationers
identify their values as parents and
identifying the traits of a healthy family.
Analyzing Anger Program $25.00 per module
Eight (8) module program dealing with
the issue of anger and probationer's
inappropriate responses to anger.
Requires the probationers to examine
their beliefs as they relate to anger.
Triggers are identified. Probationer
practices relaxation and time outs.
Family Support /Life
Obligations Program
$25.00 per module Twelve (12) module program designed
to teach positive parenting skills.
Exercises include having probationers
identify their values as parents and
identifying the traits of a healthy family.
Life Skills/Financial
Management Workshop
$65.00
One day (7 hour) program focusing on
probationer's wants versus their needs.
Takes a look at where their money goes,
discusses beliefs they have about money
and has the participants set one year
financial goals and a plan for achieving
these goals
“Behind The Wheel” Safe
Driving Course
$65.00 One day (6 hour) program designed to
assist offenders identify their dangerous
driving habits. Focus of the course is to
assist offenders with developing safe
and more thoughtful driving habits
through an interactive format.
Page 20
ATTACHMENT 2
CERTIFICATE OF CORPORATE RESOLUTION
I, , certify the following:
That I am the President of Integrity Supervision Services, LLC (hereinafter referred to as the
"corporation"), a corporation organized and incorporated to do business under the laws of the State of
Georgia:
That said corporation has authorized and directed , in his or her
official capacity as of the corporation, to enter into and execute the:
Professional probation services contract between the City of Milton Municipal Court and Integrity
Supervision Services, LLC.
IN WITNESS WHEREOF, I have set my hand and corporate seal;
This the day of , 2017.
Signature
Title
TO:
FROM:
MIL TCS N,
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: December 11, 2017
Steven Krokoff, City Manager 6
AGENDA ITEM: Approval of the Second Extension of the Intergovernmental
Agreement for the Provision of Animal Control Services
Between Fulton County, Georgia and Milton, Georgia.
MEETING DATE: Monday, December 18, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,Je-56PROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (yPES (J NO
CITY ATTORNEY REVIEW REQUIRED: (, ES () NO
APPROVAL BY CITY ATTORNEY: (J, -APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: aft sizoo
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
Todd Long
OFFICE OF THE FULTON COUNTY MANAGER Chief Operating Officer
Fulton County Government Center
Anna Roach
Dick Anderson
Chief Strategy Officer
Count Manager
County er 9
Sharon Whitmore
Chief Financial Officer
November 15, 2017
Steven Krokoff
City Manager Milton
13000 Deerfield Parkway, Suite 107G
Milton, GA 30004
Dear City Manager:
The current Intergovernmental Agreement (IGA) for providing Animal Services by Fulton County for your
City ends on December 31, 2017. In an effort to continue to provide your City with uninterrupted
animal services, we have attached an IGA that temporarily extends the service until April 30, 2018. This
extension will provide us the opportunity to negotiate a new contract with the selected vendor and
discuss any changes in service and cost with your chief elected official. It is our desire to have a new
contract completed and activated no later than May 1, 2018.
The Original Agreement, as modified by the First Extension, shall be governed in all respects as to the
validity, construction, capacity performance, or otherwise by the laws of the State of Georgia.
During the extended period of the IGA, the estimated share of the total cost to your City will be
increased by 12 percent. This cost was based on the classification (rabies related or not) and location of
calls received by the animal control services vendor during the previous year. As a point of reference,
the cost calculation was based on the same formula which was used in the original IGA between Fulton
County and your City. However, the five year capital improvement investment, as well as the vehicle
lease investment have been removed from the cost model.
We are requesting that you sign and return three (3) original copies by December 27, 2017 to the
following address:
Fulton County Animal Services
Attn: Matthew Kallmyer
130 Peachtree Street SW
Suite G-157
Atlanta, Georgia 30303
If you have any questions or concerns regarding this matter, please feel free to contact me at 404-612-
8763 or todd.long@fultoncountyga.gov.
Sincerely,
dd I. Lon E.
Chief Operating Officer
Office of the County Manager
Attachments: Milton IGA
141 Pryor Street • Suite 10061 • Atlanta, GA 30303 • Office 404.612.8320 • Fax 404.893.651 1 • www.fultoncountyga.gov
4 month contract amount (including 12% increase) ($224,000.00 per month)$896,000.00
4 month maintenance cost ($25,000 per month) $100,000.00
Total Cost for 4 months $996,000.00
Monthly Cost $249,000.00
OLD MONTHLY COST PROPOSED 4 MONTH EXTENSION COST
(Based on a monthly average from the
previous 12 month bill)
(Estimates are based on average monthly
costs at 12% increase)
1 Alpharetta 21 $3,548.76 $3,029.55 -519.21
2 Atlanta 1008 $165,878.70 $145,418.31 -20,460.39
3 *College Park 22 $457.27 $3,173.81 2,716.54
4 East Point 95 $16,619.31 $13,705.10 -2,914.21
5 Fairburn 56 $6,922.10 $8,078.79 1,156.69
6 *Hapeville 11 $898.77 $1,586.91 688.14
7 Mountain Park 1 $63.10 $144.26 81.16
8 Palmetto 17 $2,317.87 $2,452.49 134.62
9 Sandy Springs 37 $6,023.32 $5,337.78 -685.54
10 Roswell 42 $6,922.10 $6,059.10 -863.00
11 Union City 57 $9,397.63 $8,223.06 -1,174.57
12 Johns Creek 26 $4,761.89 $3,750.87 -1,011.02
13 Milton 14 $2,223.27 $2,019.70 -203.57
14 Renaissance 308 $50,189.00 $44,433.37 -5,755.63
15 Chattahoochee Hills 11 $1,056.45 $1,586.91 530.46
Total 1726 $277,279.54 $249,000.00
*Animals dropped off at the shelter were added to the response numbers.
Difference in cost from original contract
and the new 4 month extension
GREEN= savings RED=increase in cost
CITY AVERAGE NUMBER OF CALLS PER
MONTH FOR EACH JURISDICTION
Estimated Payment Amounts For The Four Month Extension (Animal Services)
(Based on data from 08/01/2016 to 08/30/2017)
JC= A(CC/TC)
A = Monthly Animal Services Cost (Contract Amount + Maintenance)
TC= Total Calls per month for the Animal Services program
CC= Total Calls per month for a specific municipality
JC= Jurisdiction’s cost per month
SECOND EXTENSION OF THE INTERGOVERNMENTAL AGREEMENT FOR
THE PROVISION OF ANIMAL CONTROL SERVICES BETWEEN FULTON
COUNTY, GEORGIA AND MILTON, GEORGIA
This Second Extension to the Intergovernmental Agreement (“Second Extension”) is
made and entered into this ___ day of _________, 2017, by and between the City of
Milton, Georgia (“Milton”), a municipal corporation, and Fulton County, Georgia
(“County”), hereinafter collectively referred to as the “Parties”.
WHEREAS, pursuant to the Georgia Constitution, Article IX, Section II, Paragraph III,
cities and counties are prohibited from exercising governmental authority within each
other’s boundaries except by Intergovernmental Agreement, or as otherwise provided by
law; and
WHEREAS, Milton and the County entered into that certain Intergovernmental
Agreement on or about July 1, 2014, as approved by the Fulton County Board of
Commissioners, Agenda Item #14-0641 (“Original Agreement”), for the purpose of
authorizing Fulton County to provide animal control services to the City, by way of a
contract with an animal control services vendor; and
WHEREAS, the term of the First Extension is set to expire on December 31, 2017 and
the County and Milton desire to maintain the same level of services for an additional
period beyond this set date so that the Parties can evaluate the scope and manner of
delivery of these services moving forward; and
WHEREAS, the Parties desire, through this Second Extension, to extend the Term
(Article 2) of the Original Agreement under the terms and conditions set forth in the
Original Agreement as modified by this Second Extension, for an additional period of
one hundred twenty (120) days, up to and including April 30, 2018.
NOW THEREFORE, Milton and the County, for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, do hereby agree as follows:
Section 1. Milton and Fulton County do hereby agree that Article 2 (Term of Agreement)
of the Original Agreement is hereby amended by this Second Extension for an additional
period of one hundred twenty (120) days, commencing on January 1, 2018 and up to and
including April 30, 2018.
Section 2. The Parties further agree to the following amendment of Article 3
(Compensation and Consideration):
The payment amount for each jurisdiction will be based on its monthly calls for service.
An example calculation is included with this document (Attachment 1). The cost to
Milton will be based on classification and location of calls received by the animal control
services vendor during the month of service with the payment amount determined by the
following formula.
JC= A(CC/TC)
2
A= Monthly Animal Services Cost (Contract Amount + Maintenance)
TC= Total Calls per month for the Animal Services program
CC= Total Calls per month for a specific jurisdiction
JC= Jurisdiction’s cost per month
The new payment amount will be enforceable during the Second Extension and all
payments will be due within sixty (60) days of the invoice date and should be sent to the
Fulton County Finance Department, Treasury Division, Suite 7001, 141 Pryor Street SW,
Atlanta GA, 30303. Failure to remit payment to Fulton County within sixty (60) days of
the invoice date may result in the suspension of services to Milton until such time as the
payment is received or termination of the agreement.
Section 3. The Original Agreement, as modified by the Second Extension, contains the
entire agreement between the Parties, and no modification shall be binding upon the
Parties unless evidenced by a subsequent written agreement signed by Fulton County,
acting by and through the Fulton County Board of Commissioners, and Milton, acting by
and through its duly authorized officers.
Section 4. In the event any one or more of the provisions contained herein shall, for any
reason, be held invalid, illegal or unenforceable in any respect, such invalidity, illegality
or unenforceability shall not affect any other provision of the Original Agreement, as
modified by the Second Extension.
Section 5. The Original Agreement, as modified by the Second Extension, shall be
governed in all respects as to the validity, construction, capacity performance, or
otherwise by the laws of the State of Georgia.
Section 6. Nothing contained in the Original Agreement, as modified by the Second
Extension, shall be constructed to be a waiver of any of the Parties’ sovereign immunity,
any individual’s qualified immunity, or any other immunity or exemption from liability
provided for by law.
Section 7. The Original Agreement, as modified by the Second Extension, shall not be
construed as, or deemed to be, an agreement for the benefit of any third party or parties,
and no third party or parties shall have any right of action hereunder for any cause
whatsoever.
Section 8. Except as modified by this Second Extension, all terms and conditions of the
Original Agreement remain in full force and effect.
(SIGNATURES ON NEXT PAGE)
3
IN WITNESS WHEREOF, the Parties have hereunto set their hands and affixed their
seals the day and year first above written.
MILTON, GEORGIA
_____________________ Date: _________________
Joe Lockwood
Mayor
(SEAL)
Attest:_________________ Date: __________________
Clerk
APPROVED AS TO FORM:
_____________________________ Date:__________________
City Attorney’s Office
FULTON COUNTY, GEORGIA
______________________ Date: _________________
By: Bob Ellis, Vice-Chair
Board of Commissioners
Attest: __________________ Date: __________________
By: Tonya R. Grier
Interim Clerk to the Commission
APPROVED AS TO FORM:
_______________________ Date: ___________________
By: Patrise Perkins-Hooker
Fulton County Attorney
P:\CAContracts\Animal\Extensions of IGA\12.4.17.Second Extension of the Animal Control Services Agreement
(Milton).doc
*t
MILTO N
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: December 11, 2017
FROM: Steven Krokoff, City Manager er 0
AGENDA ITEM: Approval of a GIS Data License Agreement with TomTom
North America, Inc. for Geographic Information Systems
Data.
MEETING DATE: Monday, December 18, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (1 PPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: („KYES () NO
CITY ATTORNEY REVIEW REQUIRED: VIES () NO
APPROVAL BY CITY ATTORNEY: (,�-<PPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: lLrlglZor'j
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Alicia Newberry, GISP, GIS Manager
Date: Submitted on December 8, 2017 for the December 18, 2017
Regular City Council Meeting
Agenda Item: Approval of a GIS Data License Agreement with TomTom North
America, Inc. for Geographic Information Systems Data.
_____________________________________________________________________________________
Department Recommendation:
Approval
Executive Summary:
TomTom North America, Inc., a company that produces traffic, navigation, and
mapping products, has requested the City of Milton’s Geographic Information System
(GIS) data to update the street network and attributes of the company’s nationwide
proprietary database. The City of Milton provided an approved standard GIS data
license agreement, however it was not acceptable to TomTom, as it did not grant
access for TomTom to use the City’s GIS data for its general commercial purposes
unrelated to the City. The GIS Department proposes to provide the requested data at
no charge to TomTom along with the attached revised signed agreement which does
allow this use.
Legal Review: Sam VanVolkenburgh – Jarrard & Davis (November 13, 2017)
Attachment(s): GIS Data License Agreement
1
GIS DATA LICENSE AGREEMENT
This Professional Services Agreement (“Agreement”) is made and entered into this_____ day of _____________, 20___
(the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of
Georgia, acting by and through its governing authority, the Mayor and City Council, located at 2006 Heritage Walk,
Milton, GA 30004 (hereinafter referred to as the “City”), and TOMTOM NORTH AMERICA, INC. (hereinafter
referred to as “Licensee”) 11 Lafayette Street Lebanon, NH 03766 (herein after referred to as the “Consultant”),
collectively referred to herein as the “Parties.”
WITNESSETH:
WHEREAS, the City has developed a geographic information system (hereinafter referred to as “GIS”), which is
composed of hardware, operating systems, application software, a proprietary mapping database, and other miscellaneous
derived databases; and
WHEREAS, Licensee wishes to obtain access to GIS Data, as defined herein, or portions thereof for its own use; and
WHEREAS, O.C.G.A. § 50-29-2 authorizes the City to enter into agreements to license its GIS information, provided
such agreements protect the security and integrity of its system, limit the City’s liability for providing the services and
products, restrict the duplication and resale of the services and products provided, and ensure that the public is fairly and
reasonably compensated for the records or information or access provided; and
WHEREAS, the City is willing to make its GIS Data available to Licensee subject to the terms and conditions of
O.C.G.A. § 50-29-2, as well as those terms and conditions set forth herein;
NOW THEREFORE, for and in consideration of the mutual covenants contained herein, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Licensee agrees to accept and City agrees to
grant a license to use GIS Data, as defined herein, in accordance with the following terms and conditions:
1.0 Definitions
1.1 “GIS Data” is defined as the electronic database used to produce City maps, the related attribute data for the maps, and
any digital aerial imagery.
2.0 Grant of License
2.1 City grants Licensee, subject to the provisions of this Agreement, a nonexclusive license to use its GIS Data solely for
the purposes detailed in this Agreement. This is a limited use license, which may not be transferred, sold, assigned, leased,
or sub-licensed; provided that this license will transfer to any legitimate successor of Licensee due to merger or corporate
acquisition. The license granted herein shall not extend to any future corrections, updates, editions, supplements, or other
iterations of the GIS Data, but is limited to the GIS Data as it exists and is delivered by City to Licensee.
2.2 This Agreement does not constitute a sale of any title or interest in any GIS Data. City reserves all rights to the GIS
Data not expressly granted to Licensee by this Agreement.
2.3 Licensee expressly acknowledges that City is the sole owner of all intellectual property rights and all proprietary
interests in the GIS Data. This includes, but is not limited to, all written materials, logos, trademarks, trade names,
copyrights, patent applications, patents and/or trade secrets.
2.4 GIS Data will be provided to Licensee through an electronic download. The GIS Data will be in the following format:
shapefile, unless otherwise requested.
2
3.0 Licensee Responsibilities
3.1 Licensee, at its own expense, shall provide all necessary hardware, software and equipment needed to use the GIS
Data.
3.2 Pursuant to O.C.G.A. § 50-29-2(c)(1), Licensee shall take reasonable precautions to protect the security and integrity
of the GIS Data and to prevent unauthorized access, use, or duplication of the GIS Data or any part thereof by third
parties. Reasonable precautions include those Licensee takes to protect its own proprietary software, hardware, or
information.
3.3 Licensee acknowledges and agrees that GIS Data is developed and maintained solely for City government functions.
Licensee bears sole responsibility for use and interpretation of the GIS Data. City does not provide GIS Data
interpretation services or application software support.
4.0 Permitted Uses
4.1 Licensee shall not use the GIS Data in any manner or for any purpose not expressly and specifically authorized by this
Agreement.
4.2 Licensee may use the GIS Data to update the street network and attributes of Licensee’s nationwide proprietary
database from which commercial data products are produced. City acknowledges that Licensee intends to use the GID
Data to update Licensee’s proprietary database with information in the GIS Data that is missing from or more accurate
than Licensee’s existing database, and that once incorporated into Licensee’s database such information cannot be
removed. Apart from the GIS Data incorporated into Licensee’s database, the GIS Data will not be resold or redistributed
to third parties.
4.3 Licensee may use, reformat and copy the GIS Data on Licensee’s, or an authorized Licensee subcontractor’s, local
network systems and free-standing workstations, provided that adequate security precautions are applied and all use,
reformatting and copying of the Data is limited to the authorized purposes described above. In addition, the GIS Data may
be copied for purposes of back-up and/or recovery, and may be retained by Licensee as a reference resource in Licensee’s
map library.
5.0 Prohibited Uses
5.1 Licensee shall not disclose, publish, sell, assign, lease, sublicense, market, distribute, loan, offer, or transfer the “raw”
or unaltered GIS Data, or any portion thereof, to third parties except as may be specifically authorized in a written
addendum to this Agreement. Licensee shall not use the GIS Data to operate a service bureau, nor shall Licensee engage
in any processing of the GIS Data for other persons or entities. Licensee shall not use the GIS Data in any manner or for
any purpose not expressly authorized by this Agreement. City reserves the right to seek any remedies available at law for
violation of this Agreement or its exclusive rights as copyright owner.
5.2 Licensee shall not alter, augment, or remove any copyright notice contained in or on the GIS Data.
5.3 Pursuant to O.C.G.A. § 50-29-2(c)(3), Licensee shall not duplicate, in whole or in part, raw, unaltered GIS Data
purposes of resale.
6.0 Acknowledgments and Data Quality
6.1 Licensee acknowledges that the GIS Data is complex and that it may contain some nonconformities, defects, or errors.
The GIS Data is dynamic, and the data elements are periodically updated to represent best available information. Work
derived from outdated GIS databases could be incomplete and contain errors. The GIS Data is complete only in the sense
that it compiles best available information, and is not the result of comprehensive site specific field surveys. City does not
warrant that the GIS Data will meet Licensee’s needs or expectations, or that all nonconformities can or will be corrected.
Licensee accepts the GIS Data “as is.”
6.2 CITY GIVES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS,
3
INDEMNITIES OF ANY KIND, STATUTORY OR OTHERWISE, WITH RESPECT TO GIS DATA CONTENT,
ACCURACY, CURRENCY OR COMPLETENESS, OR ANY WARRANTIES CONCERNING THE RESULTS TO BE
OBTAINED FROM QUERIES OR USE OF GIS DATA. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR
THOSE IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR TRADE USAGE. ALL GIS
DATA IS EXPRESSLY PROVIDED “AS IS” AND WITH ALL FAULTS.
6.3 Licensee is responsible for ensuring the accuracy, currency and other qualities of all products (including maps, reports,
displays and analysis) produced from or in connection with the GIS Data.
6.4 LICENSEE ACKNOWLEDGES AND AGREES THAT IT SHALL HAVE NO REMEDY AT LAW OR IN
EQUITY AGAINST CITY FOR PROVIDING INACCURATE, INCOMPLETE OR OTHERWISE DEFECTIVE DATA.
6.5 No employee or agent of City is authorized to waive or modify this section.
6.6 The provisions of this section shall indefinitely survive the termination of this Agreement.
7.0 Limitation of City’s Liability; Indemnity
7.1 City shall bear no liability to Licensee or any third party arising out of Licensee’s use of the GIS Data.
7.2 Licensee shall indemnify and hold harmless City against all losses, damages, claims, liabilities or expenses (including
attorneys’ fees) which may be sustained or asserted against City arising from or connected with any breach by Licensee of
any provision of this Agreement.
8.0 Term and Termination
8.1 The term of the license granted by this Agreement is perpetual and does not expire unless this Agreement is
affirmatively terminated. However, the license applies only to the GIS Data as it exists when provided to Licensee on or
around the Effective Date. The execution and delivery of this Agreement does not entitle Licensee to updates of the GIS
Data. The parties may execute addenda to this Agreement that establish licenses to subsequent versions of the GIS Data
subject to all other terms of this Agreement.
8.2 Without limiting other remedies available in law or equity, in the event Licensee breaches its obligations under this
Agreement (as determined by the City Manager or his/her designee), City shall have the right to terminate this Agreement
and any licenses granted pursuant to this Agreement, effective immediately, by furnishing Licensee written notice of the
breach and notice of its intent to terminate and the reasons therefor. Notwithstanding the termination of this Agreement
for any reason, those provisions that are specifically intended to survive the termination of this Agreement shall survive
the termination of this Agreement and remain fully effective in accordance with their terms.
8.3 Immediately upon termination of the license granted by this Agreement, Licensee shall delete from its computers,
workstations, and other storage devices all copies of all or any portions of the GIS Data which are in its possession,
custody, or control (but not including data as it has been incorporated into Licensee’s own proprietary database).
9.0 Payment by Licensee
9.1 Licensee shall pay a one-time license fee in the amount of Zero Dollars ($0).
10.0 Delivery
10.1 City shall make Licensee’s copy of the GIS Data available to the Licensee as soon as reasonably practicable given its
other operational demands, and generally not later than fifteen (15) working days following the Effective Date.
10.2 City shall in no event be liable for any damages or penalty for delay in delivery.
10.3 City shall be excused from performance hereunder during the time and to the extent it is prevented from obtaining or
4
performing by reason of act of God, fire, reduction or failure of power source, failure of the GIS environment,
commandeering of materials, products, plants or facilities by the state or federal government, or for any other reason
outside of City’s control.
11.0 Independent Contractor
11.1 City is authorized by O.C.G.A. § 50-29-2 to enter into contracts for the distribution and sale of GIS Data, which Data
is generally public record. Accordingly, this Agreement in no way establishes or evidences a partnership or joint venture
between the parties. Further, this Agreement shall not be construed or interpreted as making Licensee, its agents and/or
employees, the agents, employees or representatives of City and vice versa.
12.0 Miscellaneous
12.1 This Agreement and any attachments constitute the complete and exclusive agreement between City and Licensee
relating to its subject matter. This Agreement supersedes all prior and contemporaneous representations, correspondence,
proposals, or agreements relating to its subject matter, whether oral or written.
12.2 Except as provided in Section 2.1, neither this Agreement nor any of the rights granted by it may be assigned or
transferred by Licensee. Any attempted assignment or transfer in derogation of this prohibition is void.
12.3 This Agreement shall be governed by the laws of the State of Georgia. The parties agree that the Superior Court of
Fulton County shall be the proper forum for resolving any dispute that may arise under this Agreement. If, however, the
parties dispute the substantive or procedural rights of City under the copyright laws of the United States, the parties agree
that the United States District Court for the Northern District of Georgia shall be the proper forum for resolving any
copyright dispute that may arise under this Agreement.
12.4 If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions of this
Agreement shall continue to be valid and enforceable.
12.5 Licensee shall be responsible for payment of all taxes, fees, assessments, or levies on the items covered by this
Agreement or arising out of or imposed by reason of the transactions contemplated by this Agreement.
12.6 This Agreement shall be effective and binding as of the “Effective Date”, which will be date all of the parties have
approved and executed the Agreement.
12.7 The individual executing this Agreement on behalf of Licensee covenants and declares that it has obtained all
necessary approvals of Licensee’s board of directors, stockholders, general partners, limited partners or similar authorities
to simultaneously execute and bind Licensee to the terms of this Agreement.
12.8 All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and
shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark
date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via
national overnight commercial carrier to the party at the address first given above or at a substitute address previously
furnished to the other party by written notice in accordance herewith.
12.9 Nothing contained in this Agreement shall be construed to be a waiver of City’s sovereign immunity or any
individual’s qualified, good faith or official immunities.
[SIGNATURES ON FOLLOWING PAGE]
LICENSEE: TomT96m North America, Inc.
Signature:
Print Name:
Title: [CIRCLE, ON ]
PresidentI ' President (Corporation)
General Partner (Partnership/Limited Partnership)
Member/Manager (LLC)
Owner (Sole Proprietorship/Individual)
[CORPORATE SEAL]
(required if corporation)
Attest/Witness:
Signature: C►o .10,r,e�--•
Print Name:Civ%
Title: Le 5o � d � : n . S{ �-G'C.O ✓
(Assistant) Corporate Secretary (required if corporation)
Attest:
Signature:
Print Name:
Title: City Clerk
Approved as to form:
City
CITY OF MILTON, GEORGIA
By: Joe Lockwood, Mayor
[CITY SEAL]
5
Ww rvanHupsteen
Business Com�pptroller
Date: - Ur c ewi b -e e- loll
Attorney
MILTON71P
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: December 12, 2017
FROM: Steven Krokoff, City Manager 9
AGENDA ITEM: Approval of Change Order # 1 to Professional Services
Agreement for Freemanville at Providence Design
MEETING DATE: Monday, December 18, 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: (4S'ES () NO
CITY ATTORNEY REVIEW REQUIRED: (41YES () NO
APPROVAL BY CITY ATTORNEY: (APPROVED NOT APPROVED
PLACED ON AGENDA FOR: 10161-2011
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us 1 www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Sara Leaders, PE, Transportation Engineer
Date: December 11, 2017 for the December 18, 2017 Regular City Council
Meeting
Agenda Item: Approval of Change Order #1 to Professional Services Agreement
for Freemanville at Providence Design
_____________________________________________________________________________________
Project Description: Pond & Company is providing final engineering plans for the City of
Milton on the Freemanville at Providence Roundabout project. In the design phase, the
project required additional traffic modeling due to a change in traffic patterns
compared to the original traffic study of 2014. The design phase also involved preparing
a future year design and coordinating with the opening year plans.
Procurement Summary:
Purchasing method used: Professional Services
Account Number: 300-4101-541401703
Requisition Total: Increase PO18064 by $20,200
Vendor DBA: Pond & Company
Other quotes or bids submitted (vendor/$): NA
Financial Review: Bernadette Harvill (12/12/17)
Legal Review: Sam VanVolkenburgh, Jarrard & Davis (11/6/17)
Attachment(s): Change Order #1
HOME OF '
M I I TONI
ESTABLISIIED 7Z
CHANGE ORDER #1 FOR PROFESSIONAL SERVICES AGREEMENT
Freemanville Rd at Providence Rd Roundabout Design and Construction Administration
WHEREAS, the City of Milton, Georgia and Pond & Company, have entered into a Professional Services
Agreement (the "Agreement") dated August 1, 2016, incorporated herein by reference; and
WHEREAS, the parties desire to change the Maximum Contract Price of the Agreement and add to the
Agreement Scope of Work pursuant to Section 2 of the Agreement, it being to the mutual benefit of all
parties to do so;
NOW THEREFORE, the parties agree to amend the Agreement as follows:
Section 3 is amended by replacing the text for Maximum Contract Price of "$125,035.00" with
"$145,235.00", and replacing the text for roundabout design cost of "$114,195.00" with
"134,395.00".
2. Exhibit "C" to the Agreement is hereby amended by adding the letter from Pond & Company dated
October 31, 2017, attached hereto as Exhibit A.
IN WITNESS WHEREOF, the parties have caused this Change Order to be duly executed by their duly
authorized officers as of the day and year set forth next to each signature.
[SIGNATURES ON FOLLOWING PAGE]
CONTRACTOR: POND OMPANY
By:
Print Name: c s T C z �+
Its: PresidentNice President (Corporation)
Date: t ' I 1 5 (1 %
[CORPORATE SEAL]
Attest/Witness:
Print Name: J of 4 ti L�i
Lo r rc
((Assistant) Corporate Secretary if corporation)
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
[CITY SEAL]
Date:
Attest:
Print Name: Sudie Gordon
Its: City Clerk
Approved as to form:
City Attorney
October 31, 2017
Mrs. Sara Leaders, PE
City of Milton
2006 Heritage Walk
Milton, GA 30004
Re: Freemanville at Providence Road Intersection Improvements
Additional Design Services Fee Proposal
Pond & Company (Pond) is pleased to assist the City in the delivery of this project to its citizens and the traveling
public. As Pond worked through the initial efforts of validating the concept we encountered changes in traffic
patterns as compared to those from the original traffic study of 2014. These findings were presented to the City.
Consequently, Pond was requested to participate in a peer review, and to prepare additional design options that
would be coordinated with the final design. The original scope of the project did not account for the additional
task necessary to complete the roundabout design, which are detailed in the following paragraphs.
Pond identified the peer review coordination and the design of the additional designs options of opening year
and ultimate design. In the interest of keeping the project on schedule, this additional scope was performed in
the Preliminary, ROW, and Final phases of the original contract.
Scope of Work
1. Peer Review
a. Prepare traffic documents for peer review
b. Prepare concept update for peer review
c. Respond to and address peer review comments
2. Coordination of Opening year design and Ultimate design
a. Design of Ultimate Roundabout configuration to be
b. Design of ultimate drainage
c. Cross sections
d. Right-of-Way
PROFESSIONAL FEES:
Pond has determined that the additional out of scope work totals to a fee of $20,200.
If you need any additional information, please feel free to contact me at (678)336-7740.
Sincerely,
POND & COMPANY
Peter Hortman
Transportation Program Manager
MILTON�t
ESTABLISHED ]A06
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: December 12, 2017
FROM: Steven Krokoff, City Manager lam'
AGENDA ITEM: Approval of Change Order #I to Professional Services
Agreement for Northeast Crabapple Connector Road Design
MEETING DATE: Monday, December 18, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (1APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (,IES () NO
CITY ATTORNEY REVIEW REQUIRED: (DIES () NO
APPROVAL BY CITY ATTORNEY: (1PPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 12I i6 I10111
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltongo.us
To: Honorable Mayor and City Council Members
From: Sara Leaders, PE, Transportation Engineer
Date: December 11, 2017 for the December 18, 2017 Regular City Council
Meeting
Agenda Item: Approval of Change Order #1 to Professional Services Agreement
for Northeast Crabapple Connector Road Design
_____________________________________________________________________________________
Project Description: A professional services agreement was executed with Pond &
Company on July 24, 2017 to provide concept plans for the City of Milton on the
TSPLOST Batch 1 projects. The concept plan has been completed for the Northeast
Crabapple Connector road with intersection improvements at Mayfield Road and
Charlotte Drive. The agreement included the option for adding the scope and fee for
construction documents once a concept has been developed. This change order is for
construction documents and final design of the Northeast Crabapple project.
Procurement Summary:
Purchasing method used: Professional Services
Account Number: 335-4101-541400003
Requisition Total: Increase PO18063 by $155,560
Vendor DBA: Pond & Company
Other quotes or bids submitted (vendor/$): NA
Financial Review: Bernadette Harvill (12/12/17)
Legal Review: Sam VanVolkenburgh, Jarrard & Davis (12/11/17)
Attachment(s): Change Order #1
HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA'
1V TI LTON*
L STAG LIST ICD 2006
CHANGE ORDER #1 FOR PROFESSIONAL SERVICES AGREEMENT
City TSPLOST Batch 1 Design Services
WHEREAS, the City of Milton, Georgia and Pond & Company, have entered into a Professional Services
Agreement (the "Agreement") dated July 24, 2017, incorporated herein by reference; and
WI�REAS, the paries desire to change the Maxirmim Contract Price of the Agreement and add to the
Agreement Scope of Work pursuant to Section 2 of the Agreement, it being to the mutual benefit of all
parties to do so;
NOW THEREFORE, the parties agree to amend the Agreement as follows:
1. Section 3 is amended by replacing the text of Subsection B with the following:
B. `The total amount paid under this Agreement as compensation for Work performed and
reimbursement for costs incurred shall be $210,560.00 (the "Maximum Contract Price"),
except as outlined in Section H(C) above, and Consultant represents that this amount is
sufficient to perform all of the Work set forth in and contemplated by this Agreement. The
compensation for tasks 1-8 shall be the hunp sum of $55,000. The compensation for task 9
Work related to Northeast Crabapple Design Phases 1-3 shall be the lump sum of
$149,560.00. The compensation for task 9 Work related to Phase 4 bid support and
construction administration shall be based on the hourly rates of $150 for project manager,
$82.50 for landscape architect, $76 for unlicensed landscape architect, $127 for senior
engineer, $87 for engineer and $53 for clerical and in total shall not exceed $6,000.00."
2. Exhrbit "C" to the Agreement is hereby amended by adding the letter from Pond &Company dated
November 28, 2017, attached hereto as Exhrbit A.
IN WITNESS WHEREOF, the parties have caused this Change Order to be duly executed by their duly
authorized officers as of the day and year set forth next to each signature.
[SIGNATURES NF LLOWING
PAGE]
CONTRACTOR: PO COMPANY
i
By:
Print Name: Ronald W. Osterloh, PE
Its: President/Vice President (Corporation)
Date: December 12, 2017
[CORPORATE SEAL]
Name: John W. Cassidy, PE, PMP
Its: Executive Vice President, Corporate Secretary
((Assistant) Corporate Secretary if corporation)
CITY OF MILTON, GEORGIA
By:
Joe Lockwood, Mayor
[CITY SEAL]
Date:
Attest:
Print Name: Sadie Gordon
Its: City Clerk
Approved as to form:
Ciry Attorney
M I L f O N'ih
2
Exhibit A
3
-
November 28, 2017
Mrs. Sara Leaders, PE
Transportation Engineer
City of Milton
2006 Heritage Walk
Milton, GA 30004
Re: Northeast Crabapple Connector and Roundabout at Mayfield Road and Charlotte Drive
Professional Design Services Fee Proposal
Pond & Company (Pond) is pleased to submit this proposal for landscape, lighting, transportation and engineering
design services for the above project. The paragraphs below describe the professional services and fees to
accomplish this work.
PROJECT UNDERSTANDING:
This project is a continuation of our initial efforts supporting the City in preliminary traffic review and validating
the concept. This project will apply the concept which was presented to the public and council (see Figure 1).
This project will provide a new road connection that would serve as a bypass to the congested intersection of
Mayfield Road and Crabapple Road. We understand the importance of this project for the City as being a key
component to redeveloping the north eastern quadrant of the Downtown Crabapple area. The roadway,
landscape, hardscape, and lighting designs should complement the surrounding historic architecture and on-going
redevelopments.
Pond will coordinate the design efforts with the City of Milton, adjacent property owners, and stakeholders, as
appropriate. Additional coordination with on-going projects such as the federally funded TE sidewalks along
Mayfield Road, the roundabout being completed by GDOT at SR 372/Birmingham Highway and McFarlin Lane, and
future land developers adjacent to the project will be key to the overall success of the project. Since this project
will connect to the on-going construction of the GDOT roundabout at the intersection of SR 372/Birmingham
Highway and McFarlin Lane a GDOT encroachment permit will be obtained.
Our understanding is the City of Milton will locally fund the design and construction of the roadway improvement
through City’s T-SPLOST program.
PROFESSIONAL SERVICES:
The work will consist of preparing construction plans for the concept described above. Pond will provide all labor,
materials and equipment necessary to assist the City of Milton Public Works in completing the tasks as described
herein.
Scope of Work
Phase 1: Preliminary
Task 1A. Project Management and Coordination Plan - Pond proposes to prepare a draft preliminary plan
of the project which will outline the limits of project disturbance and provide further details of the refined
concept. Once this draft preliminary plan set has been developed a stakeholder meeting is proposed to
obtain buy-in from the City and private developers.
Task 1B. Preliminary Design Plans and Cost Estimate – The preliminary design will address comments
received on the draft preliminary design and will establish a draft final version of the plans. The design
of will include the design of a single lane roundabout at the intersection of Mayfield Road and Charlotte
Drive and design of a new location road that would tie into the GDOT roundabout at the intersection of
SR 372/Birmingham Hwy and McFarlin Lane.
Task 1C. Utility Plans and Coordination – Early coordination with the utility owners is critical to the
success of any project. Once the conceptual layout has been approved, we will have defined the
impacted area. We will prepare utility plans and submit to all utility owners for markups. We will
incorporate the markups into the utility adjustment plans.
Task 1D. Preliminary Landscape –Pond will develop a schematic plan, digitally rendered in color, to
represent the proposed landscape and hardscape enhancements for review by the City. The schematic
plan will include the proposed sizes, locations and palette of proposed plant materials and paver
materials and colors. The plan will also include proposed types and locations of directional and
informational signs per the City’s standard wayfinding signage. The plan will be a 2-dimensional color
rendering with images representative of the proposed plant material/hardscape finishes/materials.
Task 1E. Preliminary Lighting - The lighting design will include roadway & pedestrian lighting for the new
location road and proposed roundabout. Photometric calculations and coordination of power
requirements with electrical utility company will be performed as part of the lighting plan design. A new
utility service will be designed as part of the scope to provide power to the new light poles, including
coordination with local power utility.
Task 1F. City of Milton– We will submit for comment/approval preliminary plans to the City. We will
attend one preliminary field plan review to go over preliminary comments. We will respond to one
round of plan review comments and incorporate appropriate comments into the plans.
Phase 2:Right of Way
Task 2A. Right of Way Plans – After preliminary plan approval, we will prepare Right of Way plans per
GDOT design guidelines. The Right of Way plans will include all required permanent Right of Way takes
and all temporary construction easements.
Task 2B. City of Milton – We will submit Right of Way plans to the City for comments. We will incorporate
comments from the City and request originating from the right of way procurement phase into the plans
as necessary.
Phase 3: Final
Task 3A. Final Design Plans and Cost Estimate – After preliminary plans approval, we will develop final
plans that will be suitable for construction. We will also update the construction cost estimate.
Task 3B. Final Landscape Design – The final landscape plans will be prepared which will incorporate the
comments received during the preliminary phase.
Task 3C. Final Lighting Design – Final construction plans and specifications for lighting will be prepared to
include the roadway and pedestrian lighting for the new road and roundabout.
Task 3D. City of Milton – We will submit for comment/approval final plans to the City. We will respond to
one round of comments and incorporate changes as necessary into the plans. We will also meet with
the City to review final plan comments. We will submit all electronic document files.
Phase 4: Bid Support and Construction Administration
Task 4A. Assist in Bid Phase - Pond will assist the City during the Bid phase by preparing all necessary
special provisions, opinion of probable cost, attend pre-bid phase meeting.
Task 4B. Cost Estimate – POND will prepare an opinion of probable cost for the construction.
Task 4C. Respond to RFIs – During the bidding and construction process, we will respond in writing to the
contractors request for information.
Task 4D. Pre-Construction Meeting – we will prepare for and attend the pre-construction meeting to
answer questions and to make sure that the contractor fully understands the scope and nature of this
project.
Task 4E. Construction Observation/Punch List – We will assist the City during the construction phase by
periodically visiting the site during construction to observe that the design intent is being executed.
Schedule
Pond has estimated that all tasks above will be completed within 9 months from notice to proceed
(See attached schedule).
ASSUMPTIONS
Services or tasks not specifically outlined above are excluded. Right-of-way acquisition, right-of-way staking, MS4
design, and SUE services. Depending on the final limits of the project, additional survey may be required.
PROFESSIONAL FEES:
Pond proposes to accomplish the Work of Phases 1 through 3 for a lump sum fee of $149,560.00 and Phase 4 at
an hourly rate not exceed $6,000.
If this fee and scope is acceptable, Pond & Company is available to begin work immediately. If you would like us
to discuss or modify the scope please contact us. If you need any additional information, please feel free to contact
me at (678)336-7740.
Sincerely,
POND & COMPANY
Peter Hortman
Transportation Program Manager
Attachments:
Figure 1. Concept
Figure 2. Schedule
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REOUIRED R/W LINE
NEW ASPHALT CURB & GUTTER
NEW SIDEWALK AND CONCRETE MEDIAN
NEW GRASSED MEDIAN AND SODING
ROUNDABOUT TRUCK APRON
SCALE IN FEET
05o
I00 200
R!?ME yr. IE BEST �L'. Of IP[ ['1-GEORCaA•
I LTORJ�4
ESfn6uSRED moe
i PCOM
ID Task Name Duration Start Finish
1 NTP 0 days Mon 12/11/17Mon 12/11/17
2 Preliminary Layout 2.5 wks Wed 1/3/18 Fri 1/19/18
3 Stakeholder Meeting 1 day Fri 1/19/18 Mon 1/22/18
4 Preliminary 70 days Mon 1/22/18Mon 4/30/18
5 Preliminary
Design
45 days Mon
1/22/18
Mon 3/26/18
13 Preliminary Plans
submittal
0 days Mon
3/26/18
Mon 3/26/18
14 Preliminary Plans
Review
3 wks Mon
3/26/18
Mon 4/16/18
15 Address Prelim.
Comments
2 wks Mon
4/16/18
Mon 4/30/18
16 Engage GDOT
Encroachment
Permit
4 wks Mon
3/12/18
Mon 4/9/18
17 Right of Way 26 days Mon 4/30/18Tue 6/5/18
18 ROW Plans
Development
16 days Mon
4/30/18
Tue 5/22/18
23 Submit R/W Plans 0 days Tue 5/22/18 Tue 5/22/18
24 ROW Plans Review 1 wk Tue 5/22/18 Tue 5/29/18
25 Address ROW
Comments
1 wk Tue 5/29/18 Tue 6/5/18
26 Approved ROW
Plans
0 days Tue 6/5/18 Tue 6/5/18
27 Final 45 days Tue 6/5/18 Tue 8/7/18
28 Final Plans
Development
30 days Tue 6/5/18 Tue 7/17/18
33 Finalize GDOT
Encroachment
Permit
4 wks Tue 6/5/18 Tue 7/3/18
34 Submit Final Plans 0 days Tue 7/17/18 Tue 7/17/18
35 Final Plans Review 3 wks Tue 7/17/18 Tue 8/7/18
36 Submit Final Bid
Plans
0 days Tue 8/7/18 Tue 8/7/18
12/11
3/26
City of Milton
GDOT ENCROACHMENT PERMIT
5/22
City of Milton
6/5
GDOT ENCROACHMENT PERMIT
7/17
City of Milton
8/7
M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M
Nov 12, '17 Dec 3, '17 Dec 24, '17 Jan 14, '18 Feb 4, '18 Feb 25, '18 Mar 18, '18 Apr 8, '18 Apr 29, '18 May 20, '18 Jun 10, '18 Jul 1, '18 Jul 22, '18 Aug 12, '18 Sep 2, '18
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
Page 1
Project: Crabapple Schedule
Date: Wed 11/15/17
TO:
FROM:
AGENDA ITEM:
MEETING DATE:
MILTON
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: December 12, 2017
Steven Krokoff, City Manager 0
Approval of Subdivision Plats and Revisions Approval
Monday, December 18, 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: (SES (.KN0
CITY ATTORNEY REVIEW REQUIRED: () YES w<o
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: / LII.-I?a,,
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: Kathleen Field, Community Development Director
Date: Submitted on December 12, 2017 for the December 18, 2017
Regular Council Meeting
Agenda Item: Approval of Subdivision Plats and Revisions Approval
____________________________________________________________________________
Department Recommendation:
To approve the subdivision related plats and revisions as stated below.
Executive Summary:
The Milton Subdivision Regulations require that the Mayor and City Council approve all
Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been
reviewed and certified by the Community Development Director in accordance with
the Subdivision Regulations.
Funding and Fiscal Impact:
None.
Alternatives:
Do not approve.
Legal Review:
None – not required.
Concurrent Review:
Steven Krokoff, City Manager
Attachment(s):
Plat List, Location Map, Plats
Consent Agenda Plats Staff Memo
Page 2 of 7
Name of Development /
Location Action Comments /
# lots
Total
Acres Density
1. 16410 Waxmyrtle Rd.
LL 237
Waxmyyrtle Road
Combo Plat 1 Lot 1.462 .68 Lots / acre
2. Gates at the Manor
LL 328
Hopewell Road
Minor Plat 2 Lots 2.506 .79 Lots / acre
Consent Agenda Plats Staff Memo
Page 3 of 7
Consent Agenda Plats Staff Memo
Page 4 of 7
Consent Agenda Plats Staff Memo
Page 5 of 7
Consent Agenda Plats Staff Memo
Page 6 of 7
Consent Agenda Plats Staff Memo
Page 7 of 7
M 1 tT0 N ip
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: ecember 11, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Proclamation Recognizing Milton High School Coed
Competition Cheer State Champions.
MEETING DATE: Monday, December 18, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (J YES (,,INO
CITY ATTORNEY REVIEW REQUIRED: (J YES (I O
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 1 L l bl Z61 I
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
Recognizing the Milton High School Coed
Competition Cheer State Champions
WHEREAS, the Georgia High School Association State Championship Finals for
the Coed Division were held on November 10, 2017 in Columbus,
GA; and
WHEREAS, the Milton High School Competition Cheer Team has competed in
the Coed Division for the last four years; and
WHEREAS, during that time, the team has finished in the top ten twice and
placed third in 2016; and
WHEREAS, this is the first state championship win for the Milton High School
cheerleading program; and
WHEREAS, the team has been coached by Melissa Marsh for four years and
Alex Marsh for two years; and
WHEREAS, the team consists of 18 students, ten of whom are seniors who
started with Coach Melissa Marsh; and
WHEREAS, the students on the squad are Avery Burchfield, Gracie Boggus,
Gianna Candelmo, Camryn Centrachio, Zach Colazzo, Christina
Draughon, Brad Eden, Sydney Forrest, Haley Garrett, Geovany
Grant, Raven Hammett, Ben Hutkoff, Erica Korowitz, Libby Lausier,
Jordan Leet, Cara Meitin, Grayson Shank, and Layne Yancey.
NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby
recognize the hard work, dedication and perseverance of the
Milton High School Coed Cheerleaders and their coaches and
congratulate them on their first place state championship.
Given under our hand and seal of the City of Milton, Georgia on this 18th Day of
December, 2017.
______________________
Mayor Joe Lockwood
MILTON
ESTABLISHED 2106
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: December 11, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Proclamation Recognizing Cambridge High School and
Milton High School Cross Country Teams.
MEETING DATE: Monday, December 18, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (�IAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES („ kN0
CITY ATTORNEY REVIEW REQUIRED: () YES (•r 'NO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: IL��fl�2o�'1
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us 1 www.cityofmiltonga.us
0000
Cambridge and Milton Cross Country Appreciation Day
WHEREAS, The Cambridge Girls and Boys Cross Country teams both won
their first ever state championships in Class 6A; and
WHEREAS, The Milton Boys Cross Country team won their first ever state
championship and the Milton Girls Cross Country matched their
best ever performance finishing in third place in Class 7A; and
WHEREAS, The Milton Girls and Boys Cross Country teams are the only
program in Georgia’s largest classification to have both teams
finish in the top 4 in the State Championships for four consecutive
years; and
WHEREAS, The Cambridge Boys and Girls Cross Country teams have finished
in the top 4 in the State Championships for the second
consecutive year; and
WHEREAS, The Cambridge Girls and Boys Cross Country teams each earned
their first individual region championships; and
WHEREAS, The Milton Boys and Girls Cross Country teams earned the title of
Best Overall Program among Fulton County Schools for the 11th
time in the last 14 years; and
WHEREAS, These young people are champions not only on the field, but
also in the classroom, in the community and in life; we are proud
of the Milton and Cambridge Cross Country Teams and their
contributions to our community.
Now, therefore, we, the Mayor and City Council of the City of Milton, hereby
dictate and proclaim Monday, December 18th as “Cambridge and Milton Cross
Country Appreciation Day” in the City of Milton, Georgia.
Given under our hand and seal of the City of Milton, Georgia on this 18th day of
December, 2017.
_________________________________
Joe Lockwood, Mayor
MILTONft
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: December 12, 2017
FROM: Steven Krokoff, City Manager e
AGENDA ITEM: Consideration of Amendments to Chapter 20, Soil Erosion,
Sedimentation and Pollution Control, Article Vl, Soil Erosion
within the City of Milton Code of Ordinances
MEETING DATE: Monday, December 18, 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 () NO
CITY ATTORNEY REVIEW REQUIRED: (YES () NO
APPROVAL BY CITY ATTORNEY: (4,APPROVED () NOT APPROVED
PLACED ON AGENDA FOR:
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 Members
From: Carter Lucas, Assistant City Manager
Date: Submitted on December 11, 2017 for the December 18, 2017
Regular Council Meeting
Agenda Item: Consideration of Amendments to Chapter 20, Soil Erosion,
Sedimentation and Pollution Control, Article VI, Soil Erosion
within the City of Milton Code of Ordinances
____________________________________________________________________________
Department Recommendation: Approval.
Executive Summary:
As per the Georgia Erosion and Sedimentation Act (O.C.G.A. 12-7-8(a)(2)), Local
Issuing Authorities must amend their ordinances within 12 months of any
amendment of the Act. The city has been notified of a required amendment to
our erosion and sediment control ordinance by Georgia EPD. This amendment
updates the definition of the “Final Stabilization” as follows:
Final stabilization means all soil-disturbing activities at the site have been
completed, and that for unpaved areas and areas not covered by permanent
structures and areas located outside the waste disposal limits of a landfill cell that has
been certified by EPD for waste disposal, 100 percent of the soil surface is uniformly
covered in permanent vegetation with a density of 70 percent or greater, or
landscaped according to the Plan (uniformly covered with landscaping materials in
planned landscape areas) or equivalent permanent stabilization measures as defined
in the Manual (excluding a crop of annual vegetation and seeding of target crop
perennials appropriate for the region) permanent stabilization measures (such as the
use of rip rap, gabions, permanent mulches or geotextiles) have been used. Permanent
vegetation shall consist of: Planted trees, shrubs, perennial vines; a crop of perennial
vegetation appropriate for the time of year and region; or a crop of annual vegetation
and a seeding of target crop perennials appropriate for the region. Final stabilization
applies to each phase of construction.
Funding and Fiscal Impact:
There will be no additional budgetary considerations in the adoption of this
ordinance.
Legal Review:
Paul Frickey, City Attorney (December 12, 2017)
Attachment(s):
Revised Erosion and Sedimentation Ordinance
Page 1
ARTICLE VI. - SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROL[2]
DIVISION 1. - GENERALLY
Sec. 20-490. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
100-year floodplain means land in the floodplain subject to a one percent or greater statistical
occurrence probability of flooding in any given year.
Best management practices (BMPs) means sound conservation and engineering practices to prevent
and minimize erosion and resultant sedimentation, which are consistent with , and no less stringent than,
those practices contained in the "Manual for Erosion and Sediment Control in Georgia" published by the
commission as of January 1 of the year in which the land-disturbing activity was permitted.
Board means the Georgia Board of Natural Resources.
Buffer means the area of land immediately adjacent to the banks of state waters in its natural state of
vegetation that facilitates the protection of water quality and aquatic habitat.
Certified personnel means a person who has successfully completed the appropriate certification
course approved by the Georgia Soil and Water Conservation Commission.
Commission means the Georgia Soil and Water Conservation Commission (GSWCC).
Construction board of appeals means the board appointed by the city council that hears appeals of
stop work orders.
CPESC means certified professional in erosion and sediment control with current certification by
EnviroCert, Inc., which is also referred to as CPESC or CPESC, Inc.
Cut means a portion of land surface or area from which earth has been removed or will be removed
by excavation (the depth below the original ground surface to the excavated surface also known as
excavation).
Department means the Georgia Department of Natural Resources (DNR).
Design professional means a professional licensed by the State of Georgia in the field of: Engineering,
architecture, landscape architecture, forestry, geology or land surveying; or a person that is a certified
professional in erosion and sediment control (CPESC) with a current certification by EnvirocCert Inc. Design
Professionals shall practice in a manner that complies with applicable Georgia law governing professional
licensure.
Director means the director of the environmental protection division or his or her d esignee.
Director DPW means the director of the department of public works or his or her designee.
District means the Fulton County Soil and Water Conservation District.
Division means the environmental protection division (EPD) of the department of nat ural resources.
Drainage structure means a device composed of a virtually nonerodible material such as concrete,
steel, plastic, or other such material that conveys water from one place to another by intercepting the flow
and carrying it to a release point for stormwater management, drainage control, or flood control purposes.
Page 2
Erosion means the process by which land surface is worn away by the action of wind, water, ice or
gravity.
Erosion, sedimentation and pollution control plan means a plan required by the Erosion and
Sedimentation Act, O.C.G.A. ch. 12-7, that includes, as a minimum, protections at least as stringent as the
state general permit, best management practices, and requirements in sections 20-567 and 20-568 of this
article.
Erosion and sedimentation control manual means a field manual produced by the Georgia Soil and
Water Conservation Commission that illustrates vegetative and structural best management practices
(BMPs), and their use for land-disturbing activities.
Fill means a portion of land surface to which soil or other solid material has been added; the depth
above the original ground surface or an excavation.
Final Stabilization: All soil disturbing activities at the site have been completed, and that for
unpaved areas and areas not covered by permanent structures and areas located outside the waste
disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100% of the soil surface
is uniformly covered in permanent vegetation with a density of 70% or greater, or landscaped according
to the Plan (uniformly covered with landscaping materials in planned landscape areas), or equivalent
permanent stabilization measures as defined in the Manual (excluding a crop of annual vegetation and
seeding of target crop perennials appropriate for the region). Final stabilization applies to each phase of
construction.
Final stabilization means all soil-disturbing activities at the site have been completed, and that for
unpaved areas and areas not covered by permanent structures and areas located outside the waste
disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100 percent of the soil
surface is uniformly covered in permanent vegetation with a density of 70 percent or greater, or equivalent
permanent stabilization measures (such as the use of rip rap, gabions, permanent mulches or geotextiles)
have been used. Permanent vegetation shall consist of: Planted trees, shrubs, perennial vines; a crop of
perennial vegetation appropriate for the time of year and region; or a crop of annual vegetation and a
seeding of target crop perennials appropriate for the region. Final stabilization applies to e ach phase of
construction.
Finished grade means the final elevation and contour of the ground after cutting or filling and
conforming to the proposed design.
Grading means altering the shape of ground surfaces. The term "grading" includes:
(1) Stripping;
(2) Cutting;
(3) Filling;
(4) Stockpiling;
(5) Shaping or any combination thereof; and
(6) The land in its cut or filled condition.
Ground elevation means the original elevation of the ground surface prior to cutting or filling.
Land-disturbing activity means any activity which may result in soil erosion from water or wind and the
movement of sediments into state waters or onto lands within the state;
(1) The term "land-disturbing activity" includes, but is not limited to:
a. Clearing, dredging or grading; and
b. Excavating, transporting or the filling of land.
(2) The term "land-disturbing activity" does not include agricultural practices as described in
subsection 20-493(5).
Page 3
Larger common plan of development or sale means a contiguous area where multiple separate and
distinct construction activities are occurring under one plan of development or sale. For the purpose of this
definition, the term "plan" means:
(1) An announcement;
(2) Piece of documentation such as a sign, public notice or he aring, sales pitch, advertisement,
drawing, permit application, zoning request, or computer design; or
(3) Physical demarcation such as boundary signs, lot stakes, or survey marking, indicating that
construction activities will occur on a specific plot.
Local issuing authority means the governing authority of any county or municipality which is certified
pursuant to O.C.G.A. § 12-7-8(a).
Metropolitan River Protection Act (MRPA) means a state law referenced as O.C.G.A. § 12-5-440 et
seq., which addresses environmental and developmental matters in certain metropolitan river corridors and
their drainage basins.
Natural ground surface means the ground surface in its original state before any grading, excavation
or filling.
Nephelometric turbidity units (NTU) means numerical units of measure based upon photometric
analytical techniques for measuring the light scattered by finely divided particles of a substance in
suspension. This technique is used to estimate the extent of turbidity in water in which colloid ally dispersed
or suspended particles are present.
NOI means a notice of intent form provided by EPD for coverage under the state general permit.
NOT means a notice of termination form provided by EPD to terminate coverage under the state
general permit.
Notice to comply means enforcement action based on noncompliance through failure to either properly
install or maintain BMPs, where sediments remain within the boundaries of the property. This enforcement
action provides the violator five days to achieve compliance.
Official notice means a posting of a notice to comply or stop work order on a property that is
noncompliant or in violation.
Operator means the party or parties that have:
(1) Operational control of construction project plans and specifications, including th e ability to make
modifications to those plans and specifications; or
(2) Day-to-day operational control of those activities that there are necessary to ensure compliance
with a stormwater pollution prevention plan for the site or other permit conditions, such as a
person authorized to direct workers at a site to carry out activities required by the stormwater
pollution prevention plan or to comply with other permit conditions.
Outfall means the location where storm water in a discernible, confined and discrete conveyance,
leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that
receiving water.
Permit means the authorization necessary to conduct a land-disturbing activity under the provisions of
this article.
Person means any individual, partnership, firm, association, joint venture, public or private corporation,
trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality
or other political subdivision of the State of Georgia, any interstate body or any other legal entity.
Phase or phased means sub-parts or segments of construction projects where the sub-part or segment
is constructed and stabilized prior to completing construction activities o n the entire construction site.
Project means the entire proposed development project, regardless of the size of the area of land to
be disturbed.
Page 4
Properly designed means designed in accordance with the design requirements and specifications
contained in the "Manual for Erosion and Sediment Control in Georgia" (manual) published by the Georgia
Soil and Water Conservation Commission as of January 1 of the year in which the land -disturbing activity
was permitted and amendments to the manual as approved by t he commission up until the date of NOI
submittal.
Reinspection fee means a fee assessed to the developer/owner/operator or responsible party for
reinspecting the project if requested by the developer/owner/operator or responsible party prior to the end
of the compliance period; provided that upon that reinspection the project remains out of compliance.
Roadway drainage structure means a device such as a bridge, catch basin, culvert, or ditch, composed
of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water
under a roadway by intercepting the flow on one side of a traveled way (public or private) consisting of one
or more defined lanes, with or without shoulder areas, and carrying water to a release po int on the other
side.
Sediment means solid material, both organic and inorganic, that is in suspension, is being transported,
or has been moved from its site of origin by air, water, ice, or gravity as a product of erosion.
Sedimentation means the process by which eroded material is transported and deposited by the action
of water, wind, ice, or gravity.
Soil and water conservation district approved plan means an erosion and sedimentation control plan
approved in writing by the Fulton County Soil and Water Conservation District.
Stabilization means the process of establishing an enduring soil cover by the installation of temporary
or permanent structures or vegetation for the purpose of reducing to a minimum the erosion process and
the resultant transport of sediment by wind, water, ice, or gravity.
State general permit means the National Pollution Discharge Elimination System (NPDES) general
permit for stormwater runoff from construction activities as is now in effect or as may be amended or
reissued in the future pursuant to the state's authority to implement the same through federal delegation
under the Federal Water Pollution Control Act, 33 USC 1251 et seq., and O.C.G.A. § 12-5-30(f).
State waters means any and all rivers, streams, creeks, branches , lakes, ditches, reservoirs, ponds,
drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying
within or forming a part of the boundaries of the state which are not entirely confined and retained
completely upon the property of a single individual, partnership, or corporation.
Stop work order means enforcement action that ceases all work on-site or a portion of the site.
Structural erosion and sedimentation control measures means practices for the stabilizing of erodible
or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either
changing the surface of the land or storing, regulating, or disposing of runoff to prevent sediment loss.
Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level
spreaders, waterways, outlets, diversions, grade stabilization structures, sediment traps, and sediment
barriers, and land grading. Such practices can be found in the publication "Manual for Erosion and Sediment
Control in Georgia."
Trout streams means all streams or portions of streams within the watershed as designated by the
Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the
Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq., in the rules and regulations for Water Quality
Control, Chapter 391-3-6 at www.gaepd.org. Streams designated as primary trout waters are defined as
water supporting a self-sustaining population of rainbow, brown, or brook trout. Streams designated as
secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable
of supporting trout throughout the year. First order trout waters are streams into which no other streams
flow except springs.
Vegetative erosion and sedimentation control measures means measures for the stabilization of
erodible or sediment-producing areas by covering the soil with:
(1) Permanent seeding, sprigging, or planting, producing long-term vegetative cover;
Page 5
(2) Temporary seeding, producing short-term vegetative cover; or
(3) Sodding, covering areas with a turf of perennial sod-forming grass.
Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia.
Watercourse means any natural or artificial watercourse, stream, river, creek, channel, ditch, canal,
conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or
intermittently and which has a definite channel, bed, and banks, and including any area adjacent thereto
subject to inundation by reason of overflow or floodwater.
Wetlands means those areas that are inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil conditions. The term "wetlands" includes:
(1) Swamps;
(2) Marshes;
(3) Bogs; and
(4) Similar areas.
Sec. 20-491. - Authority and title.
This article is adopted pursuant to the authority and mandate of the Georgia Erosion and
Sedimentation Act of 1975 (O.C.G.A. § 12-7-1 et seq.), as amended. Certification by EPD authorizes the
city as a local issuing authority. As a local issuing authority, the city is certified to provide and maintain an
erosion control program which includes, but is not limited to, development plan review, permitting and
erosion control enforcement. This article will be known as "The Milton Soil Erosion, Sedimentation and
Pollution Control Ordinance of 2006."
Sec. 20-492. - Intent.
It is the intent of this article to establish soil erosion, sedimentation and pollution control minimum
requirements, standards, and enforcement procedures for land-disturbance activities in order to conserve
and protect the environment, public health, and the general welfare of the city's citizens.
Sec. 20-493. - Exemptions.
This article shall apply to any land-disturbing activity undertaken by any person on any land except for
the following:
(1) Surface mining, as the same is defined in O.C.G.A. § 12-4-72, "The Georgia Surface Mining Act
of 1968."
(2) Granite quarrying and land clearing for such quarrying;
(3) Such minor land-disturbing activities as home gardens and individual home landscaping, repairs,
maintenance work, fences and other related activities which result in minor soil erosion;
(4) The construction of single-family residences when such construction disturbs less than one acre
and is not a part of a larger common plan of development or sale with a planned disturbance of
equal to or greater than one acre and not otherwise exempted under this section; provided,
however, that construction of any such residence shall conform to the minimum requirements as
set forth in O.C.G.A. § 12-7-6 and this subsection and division 3 of this article. For single -family
residence construction covered by provisions of this subsection, there shall be a buffer zone
between the residence and any state waters class ified as trout streams pursuant to Article 2 of
Page 6
Chapter 5 of the Georgia Water Quality Control Act (O.C.G.A. § 12 -5-20 et seq.). In any such
buffer, no land-disturbing activity shall be constructed between the residence and the point where
vegetation has been wrested by normal stream flow or wave action from the banks of the following
trout waters:
a. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a
smaller buffer shall be granted;
b. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the EPD
director may grant variances to no less than 25 feet;
c. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which
are streams into which no other streams flow except for springs, the buffer shall be at least 25
horizontal feet, and no variance to smaller buffer shall be granted. The minimum requirements of
of O.C.G.A. § 12-7-6(b), division 3 of this article and the buffer zones provided by this section
shall be enforced by the issuing authority.
(5) Agricultural operations, as defined in O.C.G.A. § 1-3-3, "definitions" include:
a. The raising, harvesting, or storing of products of the field or orchard;
b. Feeding, breeding, or managing livestock or poultry;
c. Producing or storing feed for use in the production of livestock including, but not limited to,
cattle, calves, swine, hogs, goats, sheep, and rabbits;
d. The production of poultry including, but not limited to, chickens, hens and turkeys;
e. Producing plants, trees, fowl, or animals;
f. The production of aquaculture, horticultural, dairy, livestock, poultry, eggs, and apiarian
products; and farm buildings and farm ponds.
(6) Forestry land management practices, including harvesting; provided, however, that when such
exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited
in a buffer, as established in subsections 20-568(a)(16) and (17), no other land-disturbing
activities, except for normal forest management practices, shall be allowed on the entire property
upon which the forestry practices were conducted for a period of three years after completion of
such forestry practices;
(7) Any project carried out under the technical supervision of the Natural Resource Conservation
Service of the United States Department of Agriculture;
(8) Any project involving disturbance of 5,000 square feet or less; provided, however, that this
exemption shall not apply to any land-disturbing activity within a larger common plan of
development or sale with a planned disturbance equal to or greater than one acre or within 200
feet of the bank of any state waters, and for purposes of this subsection, state waters exclude
channels and drainageways which have water in them only during and immediately after rainfall
events and intermittent streams which do not have water in them year round; provided, however,
that any person responsible for a project which involves 5,000 square feet or less, which involves
land-disturbing activity, and which is within 200 feet of any such excluded channel or
drainageway, must prevent sediment from moving beyond the boundaries of the property on
which such project is located and provided, further, that nothing herein shall prevent the local
issuing authority from regulating any such project which is not specifically exempted by
subsections (1) through (7), (9), or (10) of this section;
(9) Construction or maintenance projects, or both, undertaken or financed, in whole or in part, or
both, by the department of transportation, the Georgia Highway Authority, or the state road and
tollway authority; or any road construction or maintenance project, or both, undertaken by any
county or municipality; provided, however, that construction or maintenance projects of the
department of transportation or state road and tollway authority which disturb one or more
contiguous acres of land shall be subject to the provisions of O.C.G.A. § 12 -7-7.1; except where
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the department of transportation, the Georgia Highway Authority, or the state road and tollway
authority is a secondary permittee for a project located within a larger common plan of
development or sale under the state general permit, in which case a copy of a notice of intent
under the state general permit shall be submitted to the City of Milton. The City of Milton shall
enforce compliance with the minimum requirements set forth in O.C.G.A. § 12 -7-6, and division
3 of this article as if a permit had been issued, and violations shall be subject to the same penalties
as violations by permit holders;
(10) Any land-disturbing activities conducted by any electric membership corporation or municipal
electrical system or any public utility under the regulatory jurisdiction of the public service
commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory
Commission, any cable television system as defined in O.C.G.A. § 36 -18-1, or any agency or
instrumentality of the United States engaged in the generation, transmission, or distribution of
power, except where an electric membership corporation or municipal electric system or any
public utility under the regulatory jurisdiction of the public service commission, any utility under
the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television
system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States
engaged in the generation, transmission, or distribution of power is a secondary permittee for a
project located within a larger common plan of development or sale under the state general
permit, in which case the city shall enforce compliance with the minimum requirements set forth
in O.C.G.A. § 12-7-6 and division 3 of this article as if a permit had been issued and violations
shall be subject to the same penalties as violations by permit holders; and
(11) Any public water system reservoir.
Secs. 20-494—20-512. - Reserved.
DIVISION 2. - INSPECTION AND ENFORCEMENT
Subdivision I. - In General
Sec. 20-513. - Authority.
(a) Community development director. The community development director or designee will periodically
inspect the sites of land-disturbing activities for which permits have been issued to determine if the
activities are being conducted in accordance with the approved plan, permit and this article and to
determine if the measures required in the plan are effective in controlling soil erosion and
sedimentation.
(b) Primary, secondary and tertiary permittees regulated. The city shall regulate both primary, secondary
and tertiary permittees as such terms are defined in the state general permit.
(1) Primary permittees shall be responsible for the installation and maintenance of best management
practices where the primary permittee is conducting land-disturbing activities.
(2) Secondary permittees shall be responsible for the installation and maintenance of best
management practices where the secondary permittee is conducting land-disturbing activities.
(3) Tertiary permittees shall be responsible for installation and maintenance where the tertiary
permittee is conducting land-disturbing activities.
(c) Notice; contents. If, through inspection, it is deemed that a person engaged in land-disturbing activities
as defined herein has failed to comply with the approved plan, with permit conditions, or with the
provisions of this article, a written notice to comply shall be served upon that person, except for working
without a permit, disturbing a stream buffer, allowing sediment to enter state waters by failure to
properly design, install or maintain best management practices, or working under a stop work order,
Page 8
which conditions warrant immediate citation. The notice shall set forth the measures necessary to
achieve compliance and shall state the time within which such measures must be completed.
(d) Noncompliance. If the person engaged in the land-disturbing activity fails to comply with the corrective
measures specified in the official notice within the time specified, he or she shall be deemed in violation
of this article, and the community development director m ay take such additional enforcement actions
as he or she deems appropriate.
Sec. 20-514. - Authority to investigate; right of entry.
The community development director shall have the power to conduct such investigation as the
community development director may deem reasonably necessary to carry out the duties prescribed in this
article, and for this purpose shall have the power to enter at reasonable times upon any property, public or
private, for the purposes of investigation and inspection of the sites of land-disturbance or building activities.
Sec. 20-515. - Unlawful to refuse entry or obstruct, hamper or interfere with inspection.
No person shall refuse entry or access to any authorized representative or agent of the city, the
commission, the district, or division who requests entry for the purposes of inspection, and who presents
appropriate credentials. Nor shall any person obstruct, hamper, or interfere with any such representative
while in the process of carrying out his or her official duties.
Sec. 20-516. - Display of plan on site required.
A copy of a current approved plan shall be kept on site until project completion or issuance of certificate
of occupancy.
Sec. 20-517. - Periodic review by district or commission.
(a) The district or the commission, or both, shall semi-annually review the actions of counties and
municipalities which have been certified as local issuing authorities pursuant to O.C.G.A. § 12 -7-8(a).
(b) The district or the commission, or both, may provide technical assistance to any county or municipality
for the purpose of improving the effectiveness of the counties or municipality's erosion, sedimentation
and pollution control program.
(c) The district or the commission shall notify the division and request an investigation by the division if
any deficient or ineffective legal program is found.
(d) The local issuing authority must amend its ordinances to the extent appropriate within 12 months of
any amendments to the Erosion and Sediment Act of 1975.
Sec. 20-518. - Divisional review for compliance with state regulations.
(a) The division may periodically review the actions of counties and municipalities which have been
certified as local issuing authorities pursuant to O.C.G.A. § 12-7-8(a).
Page 9
(b) Such review may include, but not be limited to, review of the administration and enforcement of a
governing authority's ordinance and review of conformance with an agreement, if any, between the
district and the governing authority.
(c) If such review indicates that the governing authority of any county or municipality certified pursuant to
O.C.G.A. § 12-7-8(a) has not administered or enforced its ordinances or has not conducted the
program in accordance with any agreement entered into pursuant to O.C.G.A. § 12-7-7(e), the division
shall notify the governing authority of the county or municipality in writing.
(d) The governing authority of any county or municipality so notified shall have 90 days within which to
take the necessary corrective action to retain certification as a local issuing authority.
(e) If the county or municipality does not take the necessary corrective action within 90 days after
notification by the division, the division may revoke the certification of the county or municipality as a
local issuing authority.
Secs. 20-519—20-537. - Reserved.
Subdivision II. - Penalties and Incentives
Sec. 20-538. - Failure to obtain a permit for land-disturbing activity; citation.
If any person commences any land-disturbing activity requiring a land-disturbing permit, as prescribed
in this article, without first obtaining said permit, the person shall be subject to the revocation of his or her
business license, work permit, or other authorization to conduct any business and associated work activities
within the city's jurisdictional boundaries. The failure to comply may result in a citation being issued to
appear in municipal court which may result in monetary fines.
Sec. 20-539. - Stop work orders; notice to comply.
(a) First and second violations; notice. For the first and second violations of the provisions of this article,
the community development director or designee shall issue a written warning to the violator. The
violator shall have five days to correct the violation. If the violation is not corrected within five days, the
community development director or designee shall issue a stop work order requiring the land -
disturbance activity to be stopped until necessary corrective action or mitigation has occurred;
provided, however, that, if the violation presents an imminent threat to public health or waters of the
state or if the land-disturbing activities are conducted without obtaining the necessary permit, the
community development director or designee shall issue an immediate stop work order i n lieu of a
warning.
(b) Three or more violations. For the third and each subsequent violation, the community development
director or designee shall issue an immediate stop work order.
(c) Stop work orders remain in effect until violation cured. All stop work orders shall be in effect
immediately upon issuance and shall remain in effect until the necessary corrective action or mitigation
has occurred.
(d) Posted notices; removal prohibited. It shall be unlawful for any representative of the owner to remove
an official notice to comply or stop work posting.
(1) Upon the issuance of a stop work order, the community development director or his or her
representative shall post official notices at such locations on the project site as deemed
appropriate.
Page 10
(2) Such posted official notices shall be prominently displayed on the owner's property until the stop
work order is rescinded by the community development director or designee, at which time said
posted notices will be removed by the community development director or designee or his or her
representative.
(3) When a violation in the form of taking action without a permit, failure to maintain a stream buffer,
or significant amounts of sediment, as determined by the community development director or his
or her designee, have been or are being discharged into state waters and where best
management practices have not been properly designed, installed, and maintained, a stop work
order shall be issued by the community development director or his or her designee.
(4) All such stop work orders shall be effective immediately upon issuance and shall be in effect until
the necessary corrective action or mitigation has occurred.
(5) Such stop work orders shall apply to all land-disturbing activity on the site with the exception of
the installation and maintenance of temporary or permanent erosion, sediment and pollution
controls.
Sec. 20-540. - Reinspection fee.
The community development director shall assess a minimum $50.00 reinspection fee to a project if a
reinspection is requested prior to the end of a compliance period and the site is found to remain out of
compliance upon that inspection. Such fees to cover administrative, field inspections, and transportation
costs must be satisfied prior to the issuance of a final erosion inspection or a certificate of occupancy.
Sec. 20-541. - Bond forfeiture.
(a) Posting; notice; contents. If, through inspection, it is determined that a person engaged in land -
disturbing activities has failed to comply with the appro ved plan and permit, written notice to comply
shall be served upon that person. The notice shall set forth the measures necessary to achieve
compliance with the plan and shall state the time within which such measures must be completed.
(b) Failure to comply. If the person engaged in the land-disturbing activity fails to comply within the time
specified, he or she shall be deemed in violation of this article and, in addition to other penalties, shall
be deemed to have forfeited his or her performance bond, if required to post one under the provisions
of subsection 20-591(g). The city may call the bond or any part thereof to be forfeited and may use the
proceeds to hire a contractor to stabilize the site and bring it into compliance.
Sec. 20-542. - Reserved.
Sec. 20-543. - monetary penalties.
(a) Any person who violates any provision of this article, or any permit condition or limitation established
pursuant to this article or who negligently or intentionally fails or refuses to comply with any final or
emergency order of the city director of community development issued as provided in this article shall
be liable for a civil penalty not to exceed $2,500.00 per day for each violation. For the purpose of
enforcing the provisions of this article, notwithstanding any provisions in the City Charter to the
contrary, municipal courts shall be authorized to impose penalty not to exceed $2,500.00 for each
violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of
city ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought
as violations of this article under city ordinance approved under this article shall be authorized to
Page 11
impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which
a violation or failure or refusal to comply continues shall be a separate violation.
(b) Upon violation of the provisions of this article, the city shall be entitled to take such remedial action as
the community development director deems necessary to ensure compliance, and the violator shall
reimburse the city for any cost or expense associated with such compliance efforts and the city shall
be entitled to place a lien on the property to secure payment and re imbursement for these expenses.
(c) The city community development director has the primary responsibility for the enforcement of this
article.
(d) Persons designated by the community development director are hereby authorized to issue official
notices, citations, and summons charging violations under this article, returnable to the state or city
municipal court, or any other court of competent jurisdiction.
Sec. 20-544. - Education and certification.
(a) Persons involved in land development design, review, permitting, construction, monitoring, or
inspection or any land-disturbing activity shall meet the education and training certification
requirements, dependent on their level of involvement with the process, as developed by the
commission in consultation with the division and the stakeholder advisory board created pursuant to
O.C.G.A. § 12-7-20.
(b) For each site on which land-disturbing activity occurs, each entity or person acting as either a primary,
secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one
person who is in responsible charge of erosion and sedimentation control activities on behalf of said
entity or person and meets the applicable education or training certification requirements develope d
by the Commission present on site whenever land-disturbing activities are conducted on that site. A
project site shall herein be defined as any land-disturbance site or multiple sites within a larger common
plan of development or sale permitted by an own er or operator for compliance with the state general
permit.
(c) Persons or entities involved in projects not requiring a state general permit but otherwise requiring
certified personnel on site may contract with certified persons to meet the requirements of this article.
(d) If a state general permittee who has operational control of land -disturbing activities for a site has met
the certification requirements of O.C.G.A. § 12-7-19(b)(1), then any person or entity involved in land-
disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet
those educational requirements specified in O.C.G.A § 12-7-19(b)(4) and shall not be required to meet
any educational requirements that exceed those specified in said paragrap h.
Sec. 20-545. - Appeals.
(a) Construction board of appeals; hearing. The suspension, revocation, modification, or grant with
condition of a permit by the city upon finding that the holder is not in compliance with the approved
erosion sediment and pollution control plan; or that the holder is in violation of permit conditions; or
that the holder is in violation of any provision of this article shall entitle the person submitting the plan
or holding the permit to a hearing before the city construction b oard of appeals within 45 days after
receipt by the city director of community development of written request for appeal.
(b) Fulton County Superior Court. Any person aggrieved by a decision or order of the city, after exhausting
his or her administrative remedies, shall have the right to appeal de novo to the Superior Court of
Fulton County.
Page 12
Sec. 20-546. - Liability.
(a) Neither the approval of a plan under the provisions of this article, nor the compliance with provisions
of this article, shall relieve any person from responsibility for damage to any person or property
otherwise imposed by law nor impose any liability upon the city, the district or their officers, employees
or agents for damage to any person or property.
(b) The fact that a land-disturbing activity for which a permit has been issued results in injury to the
property of another shall neither constitute proof of nor create a presumption of a violation of the
standards provided for in this article or the terms of the permit.
(c) No provision of this article shall permit any person to violate the Georgia Erosion and Sedimentation
Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and
approved thereunder or pollute any state waters as defined thereby.
Secs. 20-547—20-565. - Reserved.
DIVISION 3. - MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POLLUTION CONTROL
USING BEST MANAGEMENT PRACTICES (BMP)
Sec. 20-566. - General provisions.
(a) Excessive soil erosion and resulting sedimentation can take place during land -disturbing activities if
the requirements of the article and the NPDES general permit are not met. Therefore, plans for those
land-disturbing activities which are not exempted by this article shall contain provisions for an
application of soil erosion, sedimentation and pollution control measures and practices. The provisions
shall be incorporated into the erosion, sedimentation and pollution control plans.
(b) Soil erosion and sedimentation control measures and practices shall conform to the minimum
requirements of sections 20-567 and 20-568.
(c) The application of measures and practices shall apply to all features of the site, including street and
utility installations, drainage facilities and other temporary and permanent improvements.
(d) Measures shall be installed to prevent or control erosion sedimentation and pollution during all stages
of any land-disturbing activity in accordance with requirements of this article and th e NPDES general
permit.
Sec. 20-567. - Minimum requirements (BMP).
(a) Properly designed defined. Best management practices as set forth in this section and section 20 -568
shall be required for all land-disturbing activities. Proper design, installation, and maintenance of BMPs
shall constitute a complete defense to any action by the director or to any other allegation of
noncompliance with subsection (b) of this section or any substantially similar terms contained in a
permit for the discharge of stormwater issued pursuant to O.C.G.A. § 12-5-30(f) of the "Georgia Water
Quality Control Act." As used in this subsection, the terms "proper design" and "properly designed"
mean designed in accordance with the hydraulic design specifications contained in the "M anual for
Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b).
(b) Violations. Each discharge of stormwater runoff from disturbed areas where BMPs have not been
properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing
Page 13
permit issued by the City of Milton or of any state general permit issued by the division, pursuant to
O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act," for each day on which such discharge
results and the turbidity of receiving waters being increased by more than 25 nephelometric turbidity
units for waters supporting warm water fisheries. or by more than ten nephelometric turbidity units for
waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance
with guidelines issued by the director. This subsection shall not apply to any land -disturbance
associated with the construction of single-family homes which are not part of a larger common plan of
development or sale unless the planned disturbance for such construction is equal to or greater than
five acres.
(c) Failure to properly design, install, or maintain BMPs shall constitute a violation of any land -disturbing
permit issued by the City of Milton or of any state general permit issued by the division pursuant to
O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act," for each day on which such failure
occurs.
(d) The director may require, in accordance with regulations adopted by the board, reasonable and
prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing
activities occur.
(e) The City of Milton may set more stringent buffer requirements than stated in subsections 20 -568(a)(16)
and (17) in light of O.C.G.A. § 12-7-6(c).
Sec. 20-568. - To comply with state general permit.
(a) The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. § 12 -7-1 et seq.
for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least
as stringent as the state general permit; and best management practices (BMPs), including sound
conservation and engineering practices to prevent and minimize erosion and resultant sedimentation,
which are consistent with, and no less stringent than, those practices contained in the "Manual for
Erosion and Sediment Control in Georgia," published by the Georgia Soil and Water Conservation
Commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as
the following:
(1) Proper erosion control measures must be installed along site boundaries prior to the stripping of
vegetation, re-grading, and other development activities as deemed by the community
development director to minimize erosion.
(2) Cut-fill operations must be kept to a minimum.
(3) Development plans must conform to the topography and soil type so as to minimize erosion
potential.
(4) Whenever feasible, natural vegetation shall be retained, protected and supplemented.
(5) The disturbed area and duration of exposure to erosive elements shall be kept to a practicable
minimum.
(6) Disturbed soil shall be stabilized as quickly as practicable.
(7) Temporary vegetation or mulching shall be employed to p rotect all exposed areas during
development.
(8) Permanent vegetation and structural erosion control measures shall be installed as soon as
practicable.
(9) Sediment in runoff water must be trapped by the use of debris basins, sediment basins, sediment
barriers, construction exits or similar BMPs as outlined in the erosion and sediment control
manual until the disturbed area is stabilized. As used in this subsection (a), a disturbed area is
Page 14
stabilized when it is brought to a condition of continuous compliance with the requirements of this
section and O.C.G.A. § 12-7-1 et seq.
(10) Adequate provisions must be provided to minimize damage from surface water to the cut face of
excavations or the sloping surface of fills. Cuts and fills must not endanger adjoi ning properties.
(11) Sound engineering practices or methods shall be employed to protect (i.e., cuts and fills may not
endanger) adjoining properties.
(12) Fills may not encroach upon natural watercourses or constructed channels in a manner so as to
adversely affect other property owners.
(13) Migrated soil materials or soil materials displaced by mechanical means from land-disturbing sites
to adjacent watercourses, such as lakes, ponds, streams and creeks etc., must be remediated
The remedial work shall be conducted as per a remedial plan approved by the City of Milton.
(14) Grading equipment must cross flowing streams by means of temporary or permanent bri dges or
culverts except when such methods are not feasible; provided, in any case, that such crossings
are kept to a minimum.
(15) Land-disturbing activity plans for erosion sedimentation and pollution control shall include
provisions for treatment or control of any source of sediments and adequate sedimentation control
facilities to retain sediments on site or preclude sedimentation of adjacent waters beyond the
levels specified in subsection 20-567(b).
(16) Except as provided in subsection (a)(17) of this section, there is established a 25-foot buffer along
the banks of all state waters, as measured horizontally from the point where vegetation has been
wrested by normal stream flow or wave action, except where the director determines to allow a
variance that is at least as protective of natural resources and the environment where otherwise
allowed by the director, pursuant to O.C.G.A. § 12-2-8, or where a drainage structure or a roadway
drainage structure must be constructed; provided that adequate erosion control measures are
incorporated in the project plans and specifications are implemented; or along any ephemeral
stream. As used in this provision, the term 'ephemeral stream' means a stream: that under normal
circumstances has water flowing only during and for a short duration after precipitation events;
that has the channel located above the groundwater table year round; for which ground water is
not a source of water; and for which runoff from precipitation is the primary source of water flow,
unless exempted as along on ephemeral stream, the buffers of at least 25 feet established
pursuant to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act," shall
remain in force unless a variance is granted by the director as provid ed in this paragraph. The
following requirements shall apply to any such buffer:
a. No land-disturbance activities shall be conducted within a buffer and a buffer shall remain in
its natural, undisturbed state of vegetation until all land-disturbing activities on the
construction site are completed, except as otherwise provided by this subsection.
b. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of
vegetation as long as a protective vegetative cover remains to pr otect water quality and
aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream
bed; provided, however, that any person constructing a single -family residence, when such
residence is constructed by or under contract with the owner for his or her own occupancy,
may thin or trim underbrush in a buffer at any time as long as protective vegetative cover
remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient
quantity to keep shade on the stream bed; and
c. The buffer shall not apply to the following land-disturbing activities; provided that they occur
at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to
the stream; cause a width of disturbance of not more than 50 feet within the buffer; and
adequate erosion control measures are incorporated into the project plans and specifications
and are implemented:
1. Stream crossings for water lines; or
Page 15
2. Stream crossings for sewer lines.
(17) There is established a 50-foot buffer as measured horizontally from the point where vegetation
has been wrested by normal stream flow or wave action, along the banks of any state waters
classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, o f the "Georgia Water
Quality Control Act," except where a roadway drainage structure must be constructed; provided,
however, that small springs and streams classified as trout streams which discharge an average
annual flow of 25 gallons per minute or less shall have a 25-foot buffer or they may be piped, at
the discretion of the landowner, pursuant to the terms of a rule providing for a general variance
promulgated by the board, so long as any such pipe stops short of the downstream landowner's
property and the landowner complies with the buffer requirement for any adjacent trout streams.
The director may grant a variance from such buffer to land -disturbing activity, provided that
adequate erosion control measures are incorporated in the project plans and sp ecifications and
are implemented. The following requirements shall apply to such buffer;
a. No land-disturbance activities shall be conducted within a buffer and a buffer shall remain in
its natural, undisturbed state of vegetation until all land-disturbing activities on the
construction site are completed. Once the final stabilization of the site is achieved, a buffer
may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to
protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to
keep shade on the stream bed; provided, however, that any person constructing a single -
family residence, when such residence is constructed by or under contract with the owner
for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as
protective vegetation cover remains to protect water quality and aquatic habitat and natural
canopy is left in sufficient quality to keep shade on the stream bed; and
b. The buffer shall not apply to the following land-disturbing activities; provided that they occur
at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to
the stream; cause a width of disturbance of not more than 50 feet within the buffer; and
adequate erosion control measures are incorporated into the project plans and specifications
and are implemented:
1. Stream crossings for water lines; or
2. Stream crossings for sewer lines.
c. Nothing contained in O.C.G.A. § 12-7-1 et seq. shall prevent any local issuing authority from
adopting rules and regulations, ordinances, or resolutions which contain stream buffer
requirements that exceed the minimum requirements in section 20-567 and this section.
Sec. 20-569. - No presumption of violation.
The fact that land-disturbing activity for which a permit has been issued results in injury to the property
of another shall neither constitute proof of nor create a presumption of a violation of the standards provided
in this article or the terms of the permit.
Sec. 20-570. - Additional requirements.
Where the director or the city director of community development finds, through inspection, that
property owners have been adversely affected due to violations clearly identified by the director or the city
director of community development, or that the approved current plans do not adequately address the
features of the site, the director or the city director of community development can require additional bmps,
drawings, and revisions to comply with the minimum requirements as outlined in this division.
Page 16
Secs. 20-571—20-589. - Reserved.
DIVISION 4. - APPLICATION/PERMIT PROCESS
Sec. 20-590. - General provisions.
(a) The property owner, developer, and designated planners and engineers shall design and review the
general development plans before submittal:
(1) The city shall review the tract to be developed and the area surrounding it.
(2) The city shall consult the zoning ordinance, stormwater management ordinance, subdivision
ordinance, flood damage prevention resolution, this article, and other ordinances which regulate
the development of land within the jurisdictional boundaries of the c ity.
(b) However, the property owner and/or operator are the only parties who may obtain a permit.
Sec. 20-591. - Application requirements.
(a) Prior to any land-disturbing activity, the property in question must be part of an approved and recorded
legal lot of record (including, but not limited to, exemption plat, minor plat, or final plat). Additionally,
no land-disturbing activity, including grading, excavating, filling, and foundation work, shall be
conducted within the city, until a land-disturbance permit or a building permit (for those projects not
requiring a land-disturbance permit under this article) shall have been issued by the community
development director allowing such activity, pursuant to the provisions herein provided. If a project is
to be developed in phases, then a separate land-disturbance permit or building permit is required for
each phase not to exceed 25-acre increments and the development sequence should be followed on
all projects issued a land-disturbance permit.
(b) No person shall conduct any land-disturbing activity within the city's jurisdictional boundaries without
first obtaining a permit from the city community development department or its successor to perform
such activity and provide a copy of notice of intent submitted to EPD if applicable.
(c) All developments, construction, improvements, utilities, and demolitions that occur within the
boundaries of the incorporated city limits that disturb more than 5,000 square feet of land shall be
required to submit an application for a land-disturbance permit.
(d) The application for a permit shall be submitted to the community development department and must
include the applicant's erosion and sedimentation control plan with supporting data, as necessary.
Said plans shall include, as a minimum, the data specified in section 20-592. Soil erosion
sedimentation and pollution control plans, together with supporting data must demonstrate
affirmatively that the land-disturbing activity proposed shall conform to the provisions of this section
and section 20-592. Applications for a permit will not be accepted unless accompanied by three copies
of the applicant's soil erosion, sedimentation and pollution control plans and a physical address of the
property owner (post office box not acceptable). All applications shall contain a certification stating that
the plan preparer or the designee thereof visited the site prior to the creation of the plan in accordance
with EPD Rule 391-3-7-10.
(e) A minimum fee, as set by the city council, shal l be charged for each acre, or fraction thereof, of the
project area.
(f) In addition to the city's permitting fees, fees also will be assessed pursuant to O.C.G.A. § 12 -5-23(a)(5);
provided that such fees shall not exceed $80.00 per acre of land -disturbing activity and these fees
shall be calculated and paid by the primary permittee as defined in the state general permit for each
acre of land-disturbing activity included in the planned development or each phase of development.
All applicable fees shall be paid prior to issuance of the land-disturbance permit. Half of such fees
levied shall be submitted to the division; except that any and all fees due from an entity which is
Page 17
required to give notice pursuant to O.C.G.A. § 12-7-17(9) or (10) shall be submitted in full to the
division, regardless of the existence of a local issuing authority in the jurisdiction.
(g) The permit applicant shall be required to post a bond (surety) in the form of cash prior to issuing the
permit. The bond amount shall be determined as established by the community development
department, but not exceeding $3,000.00 per acre or fraction thereof of the proposed land -disturbing
activity. Surety bonds shall be: 1) on the bond form provided by the City; 2) properly executed by the
permit applicant and surety; and 3) issued by a surety company determined to be: a) in good standing
with the office of the Georgia Insurance and Fire Safety Commissioner; and b) listed in Circular 570
(Federal Register Vol. 62, No. 126) among companies holding certificates of authority as acceptable
sureties on Federal bonds and as acceptable reinsuring companies.
(1) If the applicant does not comply with this article or with the conditions of the permit after issuance,
the city may call the bond or any part thereof to be forfeited and may use the proceeds to hire a
contractor to stabilize the site of the land-disturbing activity and bring it into compliance.
(2) If a permit applicant has had two or more outstanding violations of previous permits, this article ,
or the Erosion and Sedimentation Act of 1975 (O.C.G.A. § 12-7-1 et seq.), as amended, within
three years prior to the date of filing of the application under consideration, the city may deny the
permit application.
(3) These provisions shall not apply unless there is in effect an ordinance or statute specifically
providing for hearing and judicial review of any determination or order of the Local Issuing
Authority with respect to alleged permit violations.
(h) If applicable, immediately upon receipt of an application and plan for a permit, the city shall refer the
application and plan to the, district for its review and approval or disapproval concerning the adequacy
of the erosion sedimentation and pollution control plan. The district shall approve or d isapprove a plan
within 35 days of receipt. Failure of the district to act within 35 days shall be considered an approval
of the pending plan. The results of the district review shall be forwarded to the city. No permit will be
issued unless the plan has been approved by the district, and any variances required by subsections
20-568(a)(16) and (17), and bonding, if required as per subsection (g) of this section, have been
obtained. Such review will not be required if the city and the district have entered i nto an agreement
which allows the city to conduct such review and approval of the plan without referring the application
and plan to the district. The local issuing authority with plan review authority shall approve or
disapprove a revised plan submittal within 35 days of receipt. Failure of the local issuing authority with
plan review authority to act within 35 days shall be considered an approval of the revised plan
submittal.
Sec. 20-592. - Plan requirements.
(a) Plans must be prepared to meet the minimum requirements as contained in sections 20-567 and 20-
568 of this article or through the use of more stringent, alternate design criteria which conform to sound
conservation and engineering practices. The Manual for Erosion and Sedimentation Control in Georgia
is hereby incorporated by reference into this article. The plan for the land -disturbing activity shall
consider:
(1) The interrelationship of the soil types;
(2) Geological and hydrological characteristics;
(3) Topography;
(4) Watershed;
(5) Vegetation;
Page 18
(6) Proposed permanent structures including roadways, constructed waterways, sediment control
and stormwater management facilities; and
(7) Local ordinances and state laws.
(b) Data required for site plan.
(1) All the information required from the appropriate erosion, sedimentation and pollution control plan
review checklist established by the commission as of January 1 of the year in which the land -
disturbing activity was permitted.
(c) Maps, drawings, and supportive computations shall bear the signature/seal of a registered or certified
design After December 31, 2006, all persons involved in land development design, review, permitting,
construction, monitoring, or inspection or any land-disturbing activity shall meet the education and
training certification requirements, dependent on his or her level of involvement with the process, as
developed by the commission and in consultation with the division and the stakeholder advisory board
created pursuant to O.C.G.A. § 12-7-20.
Sec. 20-593. - Permits.
(a) Permits shall be issued or denied as soon as practicable but, in any event, not later than 45 days after
receipt by the city of a completed application; providing variances and bonding are obtained, where
necessary, and all applicable fees have been paid prior to permit issuance. The permit shall include
any conditions under which the activity may be undertaken.
(b) No permit shall be issued by the city unless the erosion sedimentation and pollution control plan has
been approved by the district or by the city, and unless the city has affirmatively determined that the
plan is in compliance with this article, any variances required by subsections 20 -568(a)(16) and (17)
are obtained, bonding requirements, if necessary, as per subsection 20-591(g), are met and all
ordinances and rules and regulations in effect within the jurisdictional boundaries of the unincorporated
city are met. If the permit is denied, the reason for denial shall be furnished to the applicant.
(c) If the tract is to be developed in phases, then a separate permit shall be required for each phase to
include the development sequence.
(d) The permit may be suspended, revoked, or modified by the city, as to all or any portion o f the land
affected by the plan, upon finding that the holder or his or her successor in title is not in compliance
with the approved erosion and sedimentation control plan or that the holder or his or her successor in
title is in violation of this article. A holder of a permit shall notify any successor in title to him or her of
the conditions contained in the permit as to all or any portion of the land affected by the approved plan.
(e) The city may reject a permit application if the applicant has had two or more violations of previous
permits or the Erosion and Sedimentation Act permit requirements within three years prior to the date
of the application, in light of O.C.G.A. § 12-7-7(f)(1).
(f) It shall constitute noncompliance with this article to enga ge in land-disturbance activity involving
clearing, grading, timber harvesting, or grubbing without a permit, which activity may immediately
warrant citation.
Sec. 20-594. - City or county construction; compliance with article.
All engineering and construction involving land disturbance performed by or on behalf of the city and
under the direction of the public works department or any other city entity, whether such engineering or
construction is being accomplished on existing and proposed public land or on public easement, shall
comply with the requirements of this article and any other ordinances relating to land disturbance, as are
applied to private persons and the division shall enforce such requirements upon the city.
Page 19
Secs. 20-595—20-635. - Reserved.
DIVISION 5. - DESIGN PROFESSIONAL INSPECTION
Sec. 20-636. - Required; exception.
The design professional referenced in the state general permit (except when the primary permittee
has requested in writing and EPD has agreed to an alternative design professional) must inspect the
installation of BMPs which the design professional designed within seven days after the initial construction
activities commenced. The design professional shall determine if these BMPs have been insta lled and are
being maintained as designed. The design professional shall report the results of the inspection to the
primary permittee within seven days and the primary permittee must correct all deficiencies within two
business days of receipt of the inspection report from the design professional unless weather related site
conditions are such that additional time is required. The community development director shall withhold the
occupancy permit until full compliance has been achieved.
Sec. 20-637. - Additional reporting requirements.
Applicants/owners/operators shall provide the community development director with a copy of any
monitoring results submitted to EPD regarding the National Pollutant Discharge Elimination System
(NPDES). Reports shall be in a format as prescribed by EPD. A copy of the notice of intent which has been
sent to EPD in compliance with the permit requirements must be presented to the community development
director prior to the issuance of any land-disturbance permit.
Secs. 20-638—20-656. - Reserved.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON
AN ORDINANCE TO ADOPT THE SOIL EROSION, SEDIMENTATION AND POLLUTION
CONTROL, ARTICLE VI, CHAPTER 20 SOIL EROSION ORDINANCE WITHIN THE CITY OF
MILTON CODE OF ORDINANCES
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on January 8, 2018 6:00 p.m. as follows:
SECTION 1. That the amendment of the soil erosion ordinance, Article VI,
Chapter 20, is hereby adopted and approved; and is attached hereto as if fully
set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 8th day of January, 2018.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
TO:
TO7,TI
MIST N] )�
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: December 11, 2017
Steven Krokoff, City Manager 9)
AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage
License to Tambareni Hotels Group, LLC., d/b/a Paradise
Biryani Point, 5310 Windward Pkwy, Suite D, Milton, Georgia
30004.
MEETING DATE: Monday, December 18, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,4APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (.^O
CITY ATTORNEY REVIEW REQUIRED: () YES (,ANO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: I Ll l$I 21>11
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Bernadette Harvill, Finance Director
Date: Submitted on November 20, 2017, for the December 18, 2017 Regular
Council Meeting
Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to
Tambareni Hotels Group, LLC., d/b/a Paradise Biryani Point, 5310
Windward Pkwy, Suite D, Milton, Georgia 30004
_____________________________________________________________________________________________
Department Recommendation:
Approve the issuance of an alcohol beverage license for Tambareni Hotels Group LLC.,
d/b/a Paradise Biryani Point for consumption on premise of Wine and Malt Beverages.
Executive Summary:
City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage
licenses to businesses that properly submit application for and meet all of the legal
requirements to hold such license. This application was submitted due to change in
ownership.
Staff has processed the application and recommends issuance of the applicable license
for:
Business Name: Tambareni Hotels Group, LLC., d/b/a Paradise Biryani Point
Contact Name: Narasimha Rao Tambareni
Business Address: 5310 Windward Parkway, Suite D, Milton, Georgia 30004
Type of License: Consumption on Premise – Wine and Malt Beverages
Funding and Fiscal Impact:
There is a positive fiscal impact of license fees and/or monthly excise taxes.
Alternatives:
None.
Legal Review:
Not required.
Concurrent Review:
Steven Krokoff, City Manager
Kathleen Field, Director of Community Development
MILTONIt
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: December 12, 2017
FROM: Steven Krokoff, City Manager 0
AGENDA ITEM: Text Amendment - RZ17-11- Specific Function and Use in
Table 10 of the Deerfield Form Based Code in regards to
Residential uses in the T-6 Transect Zone.
MEETING DATE: Monday, December 18, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (Z PPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (4y%ES () NO
CITY ATTORNEY REVIEW REQUIRED: (,IVYES () NO
APPROVAL BY CITY ATTORNEY: Q4PPROVED () NOT APPROVED
PLACED ON.AGENDA FOR: 12
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info4cityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council
From: Kathleen Field, Community Development Director
Re: Text Amendment – RZ17-11– Specific Function and Use in Table 10 of
the Deerfield Form Based Code in regards to Residential uses in the
T-6 Transect Zone.
Date: December 12, 2017 for the December 18, 2017 Mayor and City
Council Meeting (First Presentation on December 4, 2017 – Work
Session on December 11, 2017)
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendment.
Executive Summary:
The City has a limited amount of land that is available for commercial and office
uses located within the Deerfield Form Based Code. Since the adoption of the
code, there has been interest in by the development community to utilize the T -
6 transect zone for single family residential uses without any mixed use
component. This transect zone allows for high density and height up to 16 stories.
The T-6 transect zone is located along Deerfield Parkway, Webb Road and
Morris Road adjacent to GA 400. It is Staff’s opinion that this area should be
developed with primarily non-residential uses so as to increase the City’s tax
base which will support the City’s financial health in the future.
Results of the November 29, 2017 Planning Commission Meeting
The Planning Commission voted unanimously 6-0 to approve the proposed text
amendment.
Results of the December 11, 2017 Council Work Session
Staff presented the proposed text amendment with one suggestion to allow
apartments within the T-6 Transect Zone. Apartments are required to have 50
percent non-residential uses for the overall development or the first floor of every
building contain non-residential uses. The Staff had received this suggestion to
include apartments with mixed use from local developers and Staff agrees. This
change has been included in the attached Use Table of the Deerfield Form
Based Code.
Legal Review:
Paul Frickey - Jarrard & Davis (November, 2017)
Attachment(s): RZ17-11 text amendment and ordinance.
RZ17-11 – Text Amendment to the Deerfield Form Based prepared for the Mayor and City Council
Meeting on December 18, 2017 (First Presentation December 4, 2017, Work Session December 11,
2017)
12/13/201712/12/2017
Page 1
Table 10: - Specific Function and Use.
This table expands the categories of Table 9 to delegate specific Functions and uses within
Transect Zones.
R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT
a. RESIDENTIAL 1, 12 T2 T3 T4 T4-P
9
T4-O
2
T5
3 T6
Apartment U U U U
Live/Work Unit R R R R R R
Rowhouse R R U U U
Duplex R R R R R
Courtyard House R R R R R R
Sideyard House R R R R R R
Cottage R R R R
House R R R R R
Accessory Unit R R R R R R R
b. LODGING
Motel, Hotel R R R
Bed & Breakfast
Inn U U R R R R
c. OFFICE
Office R R R R
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
RZ17-11 – Text Amendment to the Deerfield Form Based prepared for the Mayor and City Council
Meeting on December 18, 2017 (First Presentation December 4, 2017, Work Session December 11,
2017)
12/13/201712/12/2017
Page 2
Radio and Television Station U U U
Live/Work Unit R R R R R R
d. RETAIL
Open-Market
Structure R R R R R R R
General Retail R R R R R
Pawn Shop W W
General Service R R R R R
Artist Studio U U U U U
Restaurant R R R R R
Freestanding Fast Food Restaurant R R R R
Kiosk R R R R R
Drive-Through
Facility 6 R 10 R R R
Push Cart W W W
Liquor Selling
Establishment W W W
Self Service
Laundromat W W W
Laundry and Dry Cleaning Shop R R R
Bank/Financial
Institution R 11 R R R
RZ17-11 – Text Amendment to the Deerfield Form Based prepared for the Mayor and City Council
Meeting on December 18, 2017 (First Presentation December 4, 2017, Work Session December 11,
2017)
12/13/201712/12/2017
Page 3
Bail Bondsmen
Check Cashing
Establishment W W W
Adult Entertainment
Fortune Telling
Establishment
Massage Parlor, Pool Hall, Escort and Dating Services, Tattoo and
Body Piercing Establishment
e. CIVIC
Bus Shelter R R R R R R R
Convention Center R
Conference Center W W R
Fountain or Public Art R R R R R R R
Library R R R R
Theater R R R
Indoor Commercial Amusement R R R
Outdoor Commercial Amusement W W W
T2 T3 T4 T4-P 9 T4-O 2 T5 3 T6
Museum R R R
RZ17-11 – Text Amendment to the Deerfield Form Based prepared for the Mayor and City Council
Meeting on December 18, 2017 (First Presentation December 4, 2017, Work Session December 11,
2017)
12/13/201712/12/2017
Page 4
Assembly Hall,
Indoor Auditorium R R R
Gymnasium R R R
Outdoor Auditorium W R R R R R R
Parking Structure R R R
Passenger Terminal R
Sports Stadium
Surface Parking Lot W W W W W
Places of Worship U U U R R R R
f. OTHER: AGRICULTURAL
Grain Storage R
Livestock Pen W
Greenhouse R W
Stable R W
Veterinary Clinic/Hospital, Kennel (with inside pens) W W W
Kennel with Outside Pens
Pet Grooming 8 R R R
f. OTHER: AUTOMOTIVE
Gasoline Station 4 R R R
Automobile Specialty Shop R R R
RZ17-11 – Text Amendment to the Deerfield Form Based prepared for the Mayor and City Council
Meeting on December 18, 2017 (First Presentation December 4, 2017, Work Session December 11,
2017)
12/13/201712/12/2017
Page 5
Service Station
Automotive Garage, Repair Garage
Automobile and Light Truck Sales/Leasing W W
Car Wash 5 W W W
Drive-Through
Facility 6 R R R
f. OTHER: CIVIL SUPPORT
Fire Station R R R R R R R
Police Station R R R R R
Cemetery U U U
Funeral Home R R R
Hospital R R
Medical Office, Clinic R R R R
Assisted Living,
Convalescent Home,
Personal Care Home,
Nursing Home,
Hospice
R R R R
f. OTHER: EDUCATION
RZ17-11 – Text Amendment to the Deerfield Form Based prepared for the Mayor and City Council
Meeting on December 18, 2017 (First Presentation December 4, 2017, Work Session December 11,
2017)
12/13/201712/12/2017
Page 6
School of Business, Dance, Music or
Similar W W W
College U U U U U U U
High School U U U U U U U
Trade School U U U U U U U
Elementary School U U U U U U U
Childcare Center 7 U U R R R
f. OTHER: INDUSTRIAL
Heavy Industrial
Facility
Light Industrial
Facility
Manufacturing
Catering R R R
Laundry and Dry Cleaning Distribution Center
Research Laboratory W W
Water Supply
Facility W W W W W W W
Sewer and Waste
Facility
Electric Substation W W W W W W W
Telecommunications See Section 54 of the Code of the City of Milton
RZ17-11 – Text Amendment to the Deerfield Form Based prepared for the Mayor and City Council
Meeting on December 18, 2017 (First Presentation December 4, 2017, Work Session December 11,
2017)
12/13/201712/12/2017
Page 7
Cremation Facility
Warehouse
Landscaping, Lawn Service R R R
Produce Storage
Recycling Center
Mini-Storage R R R
1. This table notwithstanding, all senior housing shall comply with Section 64-1834(a).
2. T4-Open.
3. Includes T5-Limited subject to Table 9.
4. See Section 4.14 for additional requirements.
5. Includes both principal and accessory car washes.
6. Drive-through facilities are considered accessory to a Retail or Automotive Function.
7. See Sec. 64-1809 for additional requirements.
8. No overnight stay allowed.
9. T4-Permissive. See Sec. 4.6.1(e) for additional restrictions in the Five Acre Road Zone.
10. Only allowed in the Five Acre Road Zone and when accessory to a bank/financial institution.
11. Only allowed in the Five Acre Road Zone.
RZ17-11 – Text Amendment to the Deerfield Form Based prepared for the Mayor and City Council
Meeting on December 18, 2017 (First Presentation December 4, 2017, Work Session December 11,
2017)
12/13/201712/12/2017
Page 8
12. Residential functions are prohibited on any parcel abutting Highway 9, excluding the Five Acre
Road Zone (as shown on the adopted April 27, 2015, Regulating Plan), except when located in a
vertically mixed-use building.
( Ord. No. 15-04-240 , § 1, 4-27-2015; Ord. No. 16-12-293 , § 1, 12-19-2016)
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ17-11
AN ORDINANCE TO AMEND ARTICLE XX OF CHAPTER 64 – DEERFIELD FORM
BASED CODE, TABLE 10: SPECIFIC FUNCTION AND USE REGARDING THE T-6
TRANSECT ZONE.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on December 18, 2017 6:00 p.m. as follows:
SECTION 1. That the amendment of Article XX regarding the T-6 Transect Zone
regarding residential uses within the City of Milton Zoning Ordinance is hereby
adopted and approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 18th day of December, 2017.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk