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HomeMy WebLinkAboutAgenda Packet - CC - 04/09/2018 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 shou ld call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Matt Kunz Laura Bentley Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, April 9, 2018 Regular Council Meeting Agenda 6:00 PM INVOCATION – Father Brian Bufford, St. Peter Chanel Catholic Church, Roswell, Georgia 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 18-101) 5) PUBLIC COMMENT (GENERAL) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 9, 2018 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 6) CONSENT AGENDA 1. Approval of Change Order #2 for a Construction Services Agreement for the Milton Downtown Wayfinding Signage Project. (Agenda Item No. 18-102) (Kathleen Field, Community Development Director) 2. Approval of a Purchase Contract between the City of Milton and Galls, LLC for Milton Police Uniforms. (Agenda Item No. 18-103) (Rich Austin, Police Chief) 3. Approval of a Memorandum of Understanding between the City of Milton, Georgia and Veterans’ Markers Related to Sharing of (limited) Personal Information. (Agenda Item No. 18-104) (Stacey Inglis, Assistant City Manager) 4. Approval of a Memorandum of Understanding between the City of Milton, Georgia and Crabapple Community Association, Inc. Related to Sharing of (limited) Personal Information. (Agenda Item No. 18-105) (Courtney Spriggs, Community Outreach Manager) 5. Approval of a Memorandum of Understanding between the City of Milton, Georgia and Vox Artium Foundation, Inc. Related to Sharing of (limited) Personal Information. (Agenda Item No. 18-106) (Courtney Spriggs, Community Outreach Manager) 6. Approval of Change Order #1 to an Agreement between the City of Milton and Tri Scapes, Inc. to Provide Facility Landscaping Services, Sport Field Maintenance and Maintenance of Bell Memorial and Providence Parks. (Agenda Item No. 18-107) (Jim Cregge, Parks and Recreation Director) 7. Approval of a Contract Agreement between the City of Milton and Dynamo Pool Management, Inc. for Pool Management Services at the Milton Country Club. (Agenda Item No. 18-108) (Jim Cregge, Parks and Recreation Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 9, 2018 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 8. Approval of the following Subdivision Plat: Name of Development / Location Action Comments / # lots Total Acres Density 1. 15133, 15135, & 15137 Freemanville Road LL 554 Freemanville Road Minor Plat Revision 3 Lots 5.18 .58 Lots / acre (Agenda Item No. 18-109) (Melissa Branen, Plan Review Manager) 7) REPORTS AND PRESENTATIONS 1. Presentation of a Check from Crabapple Community Association, Inc. (Courtney Spriggs, Community Outreach Manager) 2. Presentation of Streetscape and Pedestrian Improvement Proposal for Crabapple Road. (Sara Leaders, Transportation Engineer) 8) FIRST PRESENTATION 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2018 Budget for Each Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 18-110) (Bernadette Harvill, Finance Director) 2. Consideration of an Ordinance to Amend Chapter 60 “Tree Canopy Conservation Ordinance” of the City Code of Ordinances. (Agenda Item No. 18-111) (Kathleen Field, Community Development Director) 3. Consideration of RZ18-08 - to amend Article XIX Crabapple Form Based Code to amend Table 1 Transect Zone Descriptions. (Agenda Item No. 18-112) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 9, 2018 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 4. Consideration of Amendments to Chapter 2 – Administration, Article II, Division 2 – Meetings. (Agenda Item No. 18-113) (Ken Jarrard, City Attorney) 9) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION 1. Consideration of the Issuance of an Alcohol Beverage License to Barcelona Steakhouse and Grill LLC. 13075 Highway 9 North, Suite 120, Milton, Georgia 30004. (Agenda Item No. 18-114) (Bernadette Harvill, Finance Director) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS (None) 12) NEW BUSINESS 1. Consideration of the following Subdivision Plat and Revisions Approval: Name of Development / Location Action Comments / # lots Total Acres Density 1. Madison Hall Land Lot 379 Hickory Flat Road Final Plat 9 Lots 12.2 .73 Lots / Acre (Agenda Item No. 18-115) (Melissa Branen, Plan Review Manager) 13) MAYOR AND COUNCIL REPORTS 14) STAFF REPORTS Department Updates 1. Public Works 2. Human Resources MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 9, 2018 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 15) EXECUTIVE SESSION (if needed) 16) ADJOURNMENT (Agenda Item No. 18-116) TO: FROM: NI� I LTO ESTABLISHED 2OD6 CITY COUNCIL AGENDA ITEM City Council DATE: April 2, 2018 Steven Krokoff, City Manager AGENDA ITEM: Approval of Change Order #2 for a Construction Services Agreement for the Milton Downtown Wayfinding Signage Project. MEETING DATE: Monday, April 9, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (J'APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (-J'YES () NO CITY ATTORNEY REVIEW REQUIRED: (J -YES O NO APPROVAL BY CITY ATTORNEY: (K PPROVED () NOT APPROVED PLACED ON AGENDA FOR: � 1 41 (8 0 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Kathleen Field, Director Community Development Date: Submitted on March 14, 2018 for the April 9, 2018 Regular City Council Meeting Agenda Item: Approval of Change Order #2 for Construction Services Agreement for Milton Downtown Wayfinding Signage Project. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: This Construction Services agreement with CanAm Signs & Imaging is being extended to await the completion of the road construction work on Heritage Walk as well as the two roundabouts before the final signs are installed. The agreed upon deadline has expired, therefore, this change order #2 provides for an extension for the sign installations to August 1, 2018. Funding and Fiscal Impact: None. Alternatives: None. Legal Review: 03/14/2018, Sam VanVolkenburgh (Jarrard & Davis) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Change Order Agreement 1 CHANGE ORDER #2 FOR CONSTRUCTION SERVICES AGREEMENT Milton Downtown Wayfinding Signage Project WHEREAS, the City of Milton, Georgia and CIB International, Inc. d/b/a CanAm Signs & Imaging have entered into a Construction Services Agreement (the “Agreement”) dated May 15, 2017, and amended by Change Order #1 on January 29, 2018, incorporated herein by reference; and WHEREAS, the parties desire to change the completion date of the Project pursuant to Section 6 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 4(A) is amended by replacing the text “All Work shall be completed within fifteen (15) weeks from the date of the Notice to Proceed” with the text “All Work shall be completed by August 1, 2018”. 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. CITY OF MILTON CAN AM SIGNS & IMAGING: By: __________________________ By: ________________________________ Title:_________________________ Title:_______________________________ Name:________________________ Name:______________________________ Date: ________________________ Date: ______________________________ Approved by City Council _____________________________ Mayor _____________________________ _____________________________ Date City Attorney Approval as to Form TO: FROM: AGENDA ITEM: MEETING DATE: MILTON" ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 2, 2018 Steven Krokoff, City Manager Approval of a Purchase Contract between the City of Milton and Galls, LLC for Milton Police Uniforms. Monday, April 9, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES CITY ATTORNEY REVIEW REQUIRED: (J"YES APPROVAL BY CITY ATTORNEY: (J�APPROVED PLACED ON AGENDA FOR: q * `g (J NOT APPROVED (J NO (J NO (J NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on March 26, 2018 for the April 9, 2018 Regular City Council Meeting Agenda Item: Approval of a Purchase Contract between the City of Milton and Galls, LLC for Milton Police Uniforms. _____________________________________________________________________________________ Project Description: Approval of a purchasing contract with Galls, LLC for the purchase of police uniforms. The city solicited RFP’s for the purchasing and alteration of police department uniforms. Proposals were received from Galls, TNT Uniforms, and GT Distributors. Galls was selected, for both the price quote and the ability to supply all requested equipment and services. Funding for uniform purchases is already appropriated in the Fiscal Year 2018 Maintenance and Operating Budget (100-3210-531700000). The budget for Fiscal Year 2018 is $37,500. Procurement Summary: Purchasing method used: RFP Account Number: 100-3210-531700000 Requisition Total: $37,500 Vendor DBA: Galls, LLC Other quotes or bids submitted (vendor/$): NA Vendor/Firm Quote/Bid TNT Uniforms *See RFP (for Unit Price Bids) GT Distributors *See RFP (for Unit Price Bids) *RFP is available through Open Records Request Financial Review: Bernadette Harvill-March 26, 2018 Legal Review: Sam VanVolkenburgh, Jarrard and Davis-March 3, 2018 Attachment(s): Gall’s, LLC Purchase Contract 140KOPtF 9S QUALTOF LIFE IN r---Q T M71- ILTON FSTART-SI IEC11Of16 GOODS AND SERVICES PURCHASE CONTRACT MILTON POLICE DEPARTMENT UNIFORMS This Goods and Services Purchase 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 2406 Heritage Walk, Milton, GA 30004 (hereinafter referred to as the "City"), and Galls, LLC, a Delaware limited liability company, having its principal place of business at 1340 Russell Cave Road, Lexington, Kentucky 40505 (herein after referred to as the "Contractors'), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to obtain certain goods and related customization, tailoring and alteration services; and WHEREAS, Contractor has represented that it is capable of providing goods meeting the City's specifications, and is qualified by training and experience to perform the related services; NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: Section 1. Agreement. The Agreement shall consist of this Agreement, any Order sent by the City under this Agreement, and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — City's Request for Proposals Exhibit "B" — Contractor's Proposal Exhibit "C" — Insurance Certificate Exhibit "D" — Contractor Affidavit Exhibit "E" — Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. SuRply of Goods. The City has requested proposals for provision of police uniforms and related equipment, attached hereto as Exhibit "A", and the Contractor has submitted a proposal to supply these goods (the "Goods"), attached hereto as Exhibit "B". The Contractor agrees to supply the Goods to the City in accordance with Exhibits "A" and "B", and the following terms and conditions: A. Quantijy. The Contractor shall supply the Goods in such quantities as the City requires, with quantities to be specified in further purchase orders issued by the City. The City reserves the right to purchase like goods and services from other vendors. The City guarantees no maximum or minimum purchase. B. Timing. The Goods shall be delivered within the timeframe specified in Exhibit "B". C. Individual Purchase Orders. Each individual purchase of Goods shall begin with a written order ("Order") on a form provided by the City. Unless otherwise specified in the Order, the invoicing and shipping addresses will be Attn: Purchasing Department, 2006 Heritage Walk, Milton, GA 30004. The following terms and conditions will govern each Order: i. Acceptance of each Order shall occur upon Contractor's acknowledgment of the Order, shipment of any Goods, or commencement of any work on Goods described by the Order, The Order shall be void unless signed by the City in accordance with the City's purchasing policy. Acceptance of each Order and any attachments constitutes. a contract between Contractor and City;.and. this Agreement is. made a part and.a condition of the contract. ii, The. Contractor- shall affix the .Order number an all invoices,. packages. and. documents related to each Order.. iii. A shipping memo showing the. Order number must -accompany all. deliveries. IV. All :Goods .required .in a single Order shall shipped together unless partial sluptrients are. authorized in Gvritin&by the City. V. Acceptanee. of each .Order. is expressly .limited to the terms stated in the Order and in this Agreetment. If. the Contractor objects to any terms stated in the Order, it shall notify -City in writing within ten..days of the date of the Order, and withhold shipment of the Good(s) listed therein until the controversy.is: resolved. Any oral or written.acknowledgrncnt or contirmation.of any Order., any shipment.of the Goods ordered; or the furnishing or :any services pursuant to any Order shall, the terms of .such acknowledgment or confirmation, constitute acceptance by the Contractor of eachArid all of the terms and conditions: stated herein. D. Shipping and Delivery, Unless purchased directly from one.. of Contractor's retail locations, the. Goods shall be shipped as stated in Exhibit y'B". Packaging and packing .of Goods shall insure. safe arrival at their destination, secure: lowest transportation cost, and conform with .requirements of common carriers. The Contractor shall be responsible for any additional charges resulting from. deviation from City's routing. instructions, Contractor shall. bear risk :of loss or damage to Goods from shipment until delivery aninspection at the sbipping address, with inspectionto occur within seven business clays of delivery, Defective or inaccurate shipments will be. returned.at Contractor's expense. Notwithstanding Contractor's delivery -of any Goods, Contractor. shall also: bear risk of loss or damage to Goods -beginning from the time that Citygives notice. of rejection of Goods. pursuantto:the inspection provisions above. E. Compensation- The amount paid as compensation forairy Order shall be calculated Based on the number of units .ordered at the per-unit price set forth in Exhibit "B", plus Contractor's actual shipping costs (with shipping speed and cost:.to be approved .by the City at -the time of order).. The prices set forth in Exhibit "B" shall be valid -for at. least: one year frotrithe Effeetive Date.. A.2.5% annual increase. may be applied to the prices,. provided the. Contractor notifies the City in writing:at least 30 days prior to any increase in price. F. Terms Added by Contractor, The City will not be bound to any additional or different terms transmitted by Contractor or included in Contractor's .package, .invoices, .catalogs, brochures, technical data sheets, or other documents. The City will in no'event be.bound`by silence or. acceptance .of Goods to. any ton -as and conditions other than.those statedin this Agreement. G. Warranty. Contractor warrants.: that .any. Goods suppliedto City are of merchantable. quality, free. froin defect, conform.to all specifications set out in.any Order,. are fit for the purpose for which such goods are ordinarily employed and for the particular declared City purpose...IF the Goods contain any manufacturer warranties. not directed -to the City as consumer, Contractor shall. assign such warranties to the City. H. Compliance -with Lara. The Contractor specifically gsiarantees that: L The Goods will. be produced and shipped in compliance With the -Federal Fair Labor Standards Act, the Federal. Occupational Safety & Health. Act, and.DOT Hazardous Materials Regulations. ii. If the Goods. are "articles of wearing apparel" "fabrics" ``interior: furnisiiings", or ".related material"; covered by the Federal Flammable Fabrics Act, or .similar state laws, then unless the Goods are exempted:from the provisions of said laws. reasonable and representative tests. have been made according to the procedures prescribed in Section 4 of the Flammable Fabrics Act and..the Goods havebeenshown not to be so highly tlamnialble as to be dangerous. iii. All Goods and elements of Goods supplied to the City are free of any infringement of a US or international copyright, patent or other intellectual property right. Section 3: Supply of Services. The City has requested proposals for provision of ".full service" uniform tailoring, customization and alteration services, attached hereto as Exh.Wit ``A", and the.Contractor has submitted a proposal tosupply these services (the. "Services"), attached hereto as Exhibit "B". The Contractor agrees to: supply the Services to .the City in accordance with Exhibits "A.ll and i1911, and the. following terms .and conditions; 2 A. Scope of Services. Unless otherwise stated in Exhibits "A" or "B", the Services include .all :material. labor., insurance, tools, equipment, machinery, water, heat, utilities, transportation,: facilities. services and any other miscellaneous items. and work necessary to complete the.Services.. Some details necessary for proper execution and completion.of the Services .may not be specifically.:described in .the Scopc of Work, but. they are a requirement of the Services if they are .a.usuai and customary component. of the contemplated`services or are otherwise necessary for proper completion of the work. B. Tuning The Services shall be.provided within a time frame. to be quoted to the City at the time:of each Order. C. Compensation. The amount paid as compensation for Services under each Order shall be. calculated based on the units. of .service ordered. at the per-unit: price. set forth .in Exhibit "B"; with no additional compensation for Contractor's .costs: The:prices .set;forth in Exhibit"B" shall be valid for at least. one year from the Effective Date. A 2,5°.o annual increase may be applied.to the. prices, provided the Contractor notifies the. City in writing at least 3.0 days prior to any increase in price. D. Warranty- Contractor represents and warrants that it: has. the.necessary. knowledge; experience, abilities, skills and resources. to.perform the Services, and shall perform the Services in a w.orklpanlike .manner,. consistent with prevailing industry standards and practices.. E. Licenses, Certification and: Permits. Contractor covenants and declares that it has obtainedalldiplomas, certificates, licenses.,..permits,.or the like required of Contractor by any and all national, state; regional, county, or local boards, agencies, .cornmissions, committees or other regulatory bodies iii order to perform -the. Services contracted for under this Agreement..Contractor shall employ only persons duly qualified -in the appropriate.arca of expertise:to.perform the. Services :described in this Agreement. F. Consultant's Reliance on Sulinaissions b Cit Consultant must have timely information and :input from City in order to perform the: Services. required under this Agreement.. Consultant is: entitled to rely upon information provided by City,but Consultant shall provide.immediate. written notice to C:ityf Consultant knows or reasonably should. know that any infonnation provided by City is erroneous, inconsistent, or otherwise problematic. S:ection.4. Contract. Term; Termination: The term of this Agreement {'Term ') will commence as of the Effective Date; and terminate on September 30,. 2.021 (provided that certain obligations will survive termination/expirationof this Agreement). City .may .terminate this .Agreement for convenience at. any time upon providing written notice thereof to. Contractor.. Provided that.no damages are due to City for Contractor's breach of this. Agreement, .City shall pay Contractor any amounts owed. as of the date of termination. If the Term of this Agreement spans more than one fiscal year,, the: Parties agree that this Agreement, as required byO.C.G.A. § 36=60-13, shall terminate absolutely and:without further obligation on. the part.. of: City on .September 30: each fiscal. year of the Term, and further, that this. Agreement shall automatically renew on .October 1 of each subsequent fiscal year absent City's provision Of written noticeof non -renewal to Contractor at least five (5) days prior to the end of the then current fiscal year: Title to any supplies,materials, equipment,.or other .personal property shall remain in Contractor until fully paid for by City. Section S. Payment. There will:be.no,down-payment for any Goods.and Services. The City will pay Contractor upon receipt and. inspection.of the Goads :and Services and approval of invoices for the. same. No. payments will be rnade for unauthorized Goods or Services, Invoices shall set forth in detail the Goods. and Services provided, along with all supporting documents.required bythe Agreement.or.requested by City to: process. the inyoice. Invoices shall be paid within 30 days of receipt unless reasonably disputed by the: City.. in which case the City may retain any disputed amounts until resolution of the dispute. Section 6. ChangeOrders.. Any modification to this Agreement. shall require a written change order executed by the. City in accordance with its purchasingregulations.. Section 7. Covenants of Contractor. .3 A. Compliance with l-aw. Contractor shall provide the Goods acid perform all Services in.accordaned with. the standard of care. and. quality ordinarily expected in the industry grid in compliance: with all federal, state, and local laws, regulations, codcs, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records. Act (0. C.G.A. § 50-18-71, et serf.). B. Assignment of Agreement: Contractor covenants and agrees not to assign or transfer any interest in. or dclegate any duties of this Agreetrient without the prior expresswritten consent of the City. C. Insurance..Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance ❑fthc types and amounts approved by the City, as shown:on Exhibit -W', attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance .policies meeting the requircments specified herein and provide proof of such coverage. D. Employment of Unattthorizeti_Alicns Prohibited -- E -Verify Affidavit. Pursuatit to (3:C,G.A, § 13-10-91, City shall not enter. into a contract for the physical performance ofservice s util ess: (1) Contractor shall provide evidence on City -provided forms. attached hereto as Exhibits "W' and "E" (affidavits regarding compliance with the E -Versify program to be swarm under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-1,0-71), that it and Contractor's subcontractors have registered with, are authorized to. use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlinesestablished in Q.C. G.A. § 13-10- 91., and that they will continue to use the federal workauthorization program thrnnghcut the contract period, or (2) Contractor provides evidence that it is not required to provide an affidavit because it is an hz&vldual (not a company.) licensed pursuant to Title 26 or Title $3 or by the: State Sar of Georgia and is in good standing; or (3) If Contractor does not hire or intend to hire employees for purposes of satisfying or completing the -terms and conditions of this.Agreerrient, in accordance with O.C.G.A. § t3-10-9I(b)(5).Contractor shall provide a copy= of Contnactor's:.statc issued driver's license or state issued identification card and a copy of the state issueddriver's license or identification card of each independent contractor utilized in the satisfaction of part or all of this Agreement. Contractor hereby verifies that it has, prior to executing this Agreement, executed anotarized affidavit, the form: of which is provided in 1Exhibit "D", and submitted such affidavit to.City or.provided City with evidence that it is an individual not regiiired to provide such an affidavit because it is licensed and in good. standingas noted in sub -subsection (2) above, or provided City with the appropriate state issued identification as noted in sub=subsection (3) above. Further, Contractor hereby agrees. to comply with the requirements ofthe federal. Immigration Reform and Control Act of 19.56 (IRCA), P.L. 99603, O.C.G.A. § 13-10-9.1 and Georgia Department of Labor Rulc 300- 10-1-.0?. In thc. event Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor tiff davit,.the form of which is attached hereto as Exhibit ".E", which subcontractor affidavit shall become part of..the. ContractorlsubconEractor agreement, or evidence that.the subcontractor is not required: to provide:such an affidavit. because it is an individual licensed. and in. good standing -as noted in sub-subscctioa (2) above. if a. subcontractor affidavit is.obtained, Contractor agrees to provide: a. completed copy to City within five (S) business days of receipt from any subcontractor. Contractor and Contractor's subcontractors shall retain all documents and rceords.of their respective verification process for a period.of five (5) years following completion of the contract. Contractor agrees that the empluyee-number category designated below is applicable to Contractor_ 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the.event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91,. Contractor will secure frpm the subcontractors) such subcontractor(s'), indication of the above employee - 4 number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements -of state and federal law, and shall be construed to be in with those laws.. E. Ethics Code,_Conflict_ofInterest. Contractor agrees that it shall not engage in any activity .or conduct that would result in a violation of the City of Milton Code ofEthics or any other similar law or regulation. Contractor certifies that to the best of its knowledge.no-circumstances exist which will cause a conflict:of interest in. providing the Goods and perforining the Services. Contractor and City acknowledge that it is .prohibited for any person to -offer. give, or agree to give any City employee or dflicial,: or far any City employee or official to solicit, demand, accept, or agree to accept fiom..another person, a gratuity of more than. nominal. value or rebate or an offer of employment in.. Connection with any decision,. approval, disapproval, recommendation, or preparation of any part of :a program requirement or a.:purchase request, influencing the content -of any specification or procurement standard, rendering of advice, investigation,: auditing, or in.. any :other advisory capacity in: any proceeding or application, request for ruling, determination; claim or controversy, or other particular matter, pertaining to any program requirement or a. contract or subcontract, or:to any solicitation or proposal therefor. Contractor and City further acknowledge that: it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf -of a sub -consultant under a contract to. the prime contractor or higher tier sub -consultant;. or any person associated therewith,. as an inducement for the award of a:subcontract or order. F. Authority to Contract. The individual. executing this Agreement on behalf of Contractor covenants and declares. that it has,obtained all necessary approvals of Contractor's board of directors,stockholders, general partners,.limited. partners or similar authorities to simultaneously. execute. and bind Contractor to the terms of this Agreement, if applicable, G. Nondiscrimination. In accordance .with Title VI of the Civil Rights Act of 1961; as amended, 42 U.S.C. § .2000d, section 303 of the Age Discrimination -Act of 19.7.5, as amended, 42 U.S.C. § 6.1.02; section 202 of the Americans. with. Disabilities Act of 1990, 42 U.S. 12132, and all.ather provisions of Federal law, Contractor agrees that, during perforinance of this. Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee.or:applicant for employment, any subcontractor, or any supplier because of race, color,. creed, national origin, gender;.:age or disability. In addition, Contractor agrees to comply with .all applicable implementing regulations :and shall include the. provisions. of this .paragraph in. every subcontract for services contemplated under this Agreement. H:. Resoonsibility of Contractor and Indemnification of.City. Contractor covenants .and agrees to take. and assume all responsibility for defects in.the Goods sold; and Services provided in connection with..this Agreement. Contractor shall bear all losses and damages directly or indirectlyresulting to it :and/or City ou.account.of.the character. of the Goods and theperformance of the Services rendered; including without .limitation any actual or alleged patent infringement; domestic.or foreign, in the: use of the Goods. Contractor shall defend, indemnify and hold harmless City and :City's .elected and appointed. officials,; officers, boards, commissions, employees, representatives, consultants, servants; agents; attorneys. and volunteers (individually. an ".Indemnified Party" and collectively "Indemnified. Parties") from and against any and all .claims, suits, actions, judgments. injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including butriot limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of. an alleged willful, negligent or tortious act or omission arising out of the Services, supply of. the Goods, or operations by Consultant,.any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be. liable. The defense and.indernnity obligations above.shall applyregardless ofwhether or.not. the act or omission is caused. in.part by a party indemnified hereunder; provided that with respect to engineering, architectural, or land surveying services., there. shall only be an indemnity obligation to the extent Liabilities are caused by -or result from .tele negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the..perforntance of this Agreement. This obligation shall not be construed to negate, abridge; or otherwise reduce any other right or obligation of indemnity which would other -wise. exist as. to any party or person described in this provision. This obligation to. indemnify, defend, and.hold harmless the Indemnified Partyties.}..shall survive expiration or.tennination of this Agreement, provided that the.cla ms are based upon or arise out of actions or omissions that occurred during the performance of this.Agreement. 1. Independent. Contractor. Consultant hereby covenants and declares that it is .engaged.:in an independent business and agrees. to provide. the Goods and perform the Services as an. independent contractor and not as the agent or 5 employee of City. Consultant agrees to be. solely responsible for. its own matters relating.to the time and place the Services areperfomied.and the method used to perforin such Services, the instrumentalities, tools, supplies.and/or materials necessary to complete the Services; hiring and payment of consultants, agents or employees to complete the: Services, including benefits and.:compliance with Social Security,. withholding and All other regulations governing such matters. Any provisions of this.Agreement drat may appear to give City the rightto.dimet Consultant as to the details of the servires.to be: performed: by.Consultant or to exercise:a measure of control over such services will be deemed to. mean that Co.nsultant.shall follow the directions of City with regard to. the results of such services only. Inasmuch as City and Consultant are. independent. of each other. neither has the authority.to bind the other to any third person or.otherwise to actin any as the representative of the other,.unless otherwise expressly agreed to in writing signed. by both Parties. Consultant agrLes not to represent itself as City's agent for any purpose to any party:or to allow any employee.of:Consultant. to do so., unless. specifically authorized, in advance: and in writing,. to do so; and then only for the limited purpose :stated in such authorization. Consultant shall assume full liability for any contracts or .agreements Consultant enters into on behalf of City without the express knowledge and. prior written consent of City. I Confidentiality.. C.onsuitant:acknowledges that `.it may receive confidential information of City Arid that it will protect :.the confidentiality of any such confidential information and will require arty of its subcontractors; consultants,. and/orstaff to likewise protect such confidential information. Section 8. Miscellaneous. A, Entire Agreement; Counterparts, Third Party Rights. This. Agreement,.. including any exhibits hereto, constitutes the complete agreement.between the Parties and supersedes any and all. other Agreements, either oral of. in writing, between the .Parties. with respect to thc..subject matter of this Agreement. This Agreement maybe executed in any number of counterparts, each of which shall .be deemed an original, but all..of which.taken together shall constitute one and the same instrument, This. Agreemeht shall be exclusively for the benefit of the: Parties and shall not provide. any third parties with any remedy, claim, liability; reimbursement, cause. of action or other right. B. Governing Law. :This Agreenient shall be governed by and construed inaccordance with: the taws of the -State of Georgia without regard to choice-of=law principles. Any action or suit related to. this Agreement shall be brought in the Superior Court of Fulton County, Georgia; or the U.S. District Court for the Northern .District of Georgia --- Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. C. Captions and.Severabilitv.. All headings herein are.intended for convenience and ease of referextce purposes only and in no way define, limit or describe the scope or intent thereof,. or of this Agreement; or in. any way affect this Agreement. D. Notices, All notices, requests, demands, .writings, or correspondence, as required by this Agreeinent, shall be in writing and shall be deemed.received, and. shall -be. effective, when: (1) personally: delivered, or (2) :an thethird day after the postmark date. when.tnailedby certified Mail, postage prepaid; return receipt requested, or (3) upon actual delivery when. sent vianational 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; E. Waiver-Soverei Immuni No express .or implied waiver shall affect -any. term or condition other than the one: specified: in such waiver, and that one. only for the time and manner specifically stated. 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. F. Apreement Construction and Inte retation• Invalidit j of Provisions-, Severabilily. Contractor represents that it. has reviewed and become: familiar with this Agreement. The Parties agree that, if an ambiguity or question of intent or interpretation arises; this Agreement is to be construed as.if the Parties lead. drafted it jointly; as opposed to being construed against a Party because it was responsible for drafting. one or more: provisions of the Agreement.. In. the interest of brevity, the.Agreemcnt:may oirut modifying words such as "all" and""any" and articles such.as "the" and "an," but the fact that:a.modifer or an article is absent,from one statement and appears. in another is. not intended to. affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement„or any. part thereof, later be deemed illegal,.invalid or unenforceable by a court.of:competent jurisdiction, the offending:portion. C� of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the. extent possible as if this Agreement had been executed with the.invalid portion hereof eliminated, it. Eyeing the intention of the Parties that they wouldhave.executed the remaining portion of this Agreement without including any suchpart,.parts, or.portions that.inay for.anyreason.be hereafter declared invalid, Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on: behalf of City.. IN WITNESS WHEREOF, City and Contractor have executed this Agreement, effective as of the Effective Date first above: written, .[SIGNATURES ON FOLLON TNG. RAGE] V1 CONTRACTOR: Galls, LLC Signature: r r j Print Name: o') . 1�r- C tr: C.) Title: Attest[Witness: Signature; Print Name: Title: C i� 1 4 - 1 n r p cm fJ pc i— (Assistant) Corporate Secretary (required if corporation) Attest: Signature; Print Name: Title: City Clerk Approved as to form: City Attorney - CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] 0 EXHIBIT "A" MILTON ESTABLISHED 2M CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title. 18-PDO1 Uniforms -Milton Police Department Due Date and Time: January 11, 2018 Fax: 678-242-2499 Local Time: 2:80 p.m. Number of Pages: 50 ISSUING DEPARTMENT INFORMATION Issue Date: December 21, 2017 City of Milton Phone: 678-242-2500 2006 Heritage Walk Fax: 678-242-2499 Milton, Go. 30004 Website: www.cityofmiitonaa.us INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/ Package: Offeror Phone Number: RFP Number: 18-PDO1 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office Special Instructions: 2006 Heritage Walk Deadline for Written Questions Milton, Ga. 30004 January 2, 2018 at 5:00 pm Email questions to Honor Motes at honor.rnotesCc ityofm iltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: Please print name and sign in ink Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 j F: 678.242.2499 info@cityofm'illonga.uslwww.cityofmiltongo.us 0000 2.1 RFP 18 -PDO! TABLE OF CONTENTS Offeror's RFP Checklist Disclosure Form Schedule of Events Section 1: Project Overview and instructions Section 2: RFP Standard Information Section .3:. Scope of Project Section 4: Offeror Qualifications Section 5: Cost Proposal. Section.6: Evaluation Criteria Section 7: Standard Contract Information Standard Contract 3 1 PF?P 18-PDO1 OFFERQR'S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to .cin RFP for the City of Milton 1. Read the enfire document. dote Critical items such as; mandatory requirements; supplies/services required; submittal. dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance. requirements, performance and/or. reporting requirements, eic.j. 2. Note the procurement officers name, address, phone numbers and: e-mail address. This is. .the only person.you. are allowed f communicate with regarding the RFP and is an excellent source of information for any questions you may have. 3.. Attend the pre -qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of fhe project, or to. notify the City of any.ambiguities, inconsistencies, or errors. in the RFP. 4. Take advantage. of the: ".question and.answer" period. Submit your questions to the procurement officer by the due date listed in the 5chedule of Events and view the answers: given in the formal "addenda".issued for the RFP. All addenda issued for an RFP are. posted on the DOAS website at.htt ssl.doas.state. a.us PRSa PR index.'s and on the City's website at hffp:1Lwww.gity&ftnIHoncjams will inciucie all questions asked and answered concerning the RFP. 5. Follow the format required in the RFP when preparing your response. Provide poinf-by- point responses to all sections. in a clear and concise. manner. 6. Provide complete answers/descriptions. Read and answer all questions and requirements. Don't assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City, The subrnittais are: evaluated based solely:on the information and materials provided in your response. 7... Use the forms provided,i.e., cover page, somp[e budget form,: cerfificafion forrns; .etc.. 8: Check fhewebsife` or RFP addenda. Before submiffing your response, check the DOAS website. at htf ssi:docis.Maie. a:us PRSa PR Index.11sp and. the City website at hftp:llwww:city-ofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued.along with your RFP response.. 9:.. Review and. read the RFP document again to make sure that you have addressed all requirements: Your original response and the requested copies must be identical and be complete..The copies ore.provided fo the.evaluation committee members and will be used to score your response. .1 D. Submit your response ontime. Note: all the. dates and. times listed in .the Schedule. of Events and within the document, and. be sure to submit all required if ems on time. Late. submittal responses -are never.: accepted. This checklist is provided for assistance only and should not be submitted with Offeror response. 4 1 RFP 1 S-PD41 NA I I Tn NIP ESTAKISIILD 27 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when itis submitted. Name of Offeror Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: 5 1 RFP 18-PDa1 I TO Nil It ESTABLIS € IED 2M, MUST BE RETURNED WITH PROPOSAL RFP 18-PD01 PROPOSAL LETTER We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP), RFP 18 -PDO I, Uniforms - Milton Police Department. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. i agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name Print/Type Company Name Date b 1 RFP .18-PD41 MUST BE. RETURNED. WITH PROPOSAL CONTRACTOR AFFIDAVIT AND AGREEMENT STATE -OF GEORGIA CITY OF MILTON By executing this .affidavit, .the undersigned contractor verifies ifs compliance wifh .0-C.G.A. § 13- 10-91, stating affirmatively that the individual, firms, or corporation which is engaged in the: physical performance of services on behalf of the City of Milton has registered with, .is authorized to use and uses the federal work aufhorization program commonly known a5 E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G:A_ § 13-10.91. Furthermore, the undersigned .contractor will continue to use the federal work .authorizaton program .throughout the contract period and the undersigned contractor will contract for the physical performance of services `in satisfaction of such contract only with subcontractors who present an affidavit tothe contractor with. the information required by O.C. G.A. § 13--10 91 (b). Contractor hereby attests that its federal work authorization user identification number and date of authorization areas follows: eVerlfy Number Date of Authorization Name of Contractor Uniforms -- Milton Police ❑ebartment Name of Project City _of_ Milton Name .of Public Employer I hereby declare under penalty of perjury that the foregoing is true.and correct. Executed on , 201— in (city), -( state). Signature of Authorized Officer or Agent Printed Name and Title.of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE. DAY OF ;201 _ NOTARY PUBLIC [NOTARY'SEAL] My Commission Expires: 7 1 RFP 18 -PDO] SCHEDULE OF EVENTS Task Date Issue RFP December 21, 2017 Deadline for Questions January 2, 2018 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, January 5, 2018 Proposals Due By 2:00 p.m. EST on January 11, 2018 Award Contract February 5, 2018 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cifyofmittonga.us) OR THE DOAS WEBSITE (hffRi.LLss1.doas.state.ga.us/P SavK)/PR index 1sp] FOR ADDENDA AND SCHEDULE UPDATES. 8 ] RFP 8-PD01 SECTION 1: PROJECT OVERVIEW ANI] INSTRUCTIONS 1.0 BACKGROUND AND STATEMENT Of INTENT The City of Milton is requesting sealed proposals from qualified Offerors with demonstrated professional competence and experience to provide uniforms for the City of Milton Police Department, including embroidery and. alteration services. It is the intent of the City to award contract to a "Full Service Provider". The selection will be based on overall price, services, performance, reliability, and location convenience of the proposers. The City's needs are outlined in the following Request for Proposal (RFP). All offerors must comply with. all general and special requirements of the RFP information acid instructions enclosed herein. It the intent of the City to have a multi- year contract with the winning Offeror. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP)is issued until an Offeror is selected, Offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of. Honor Motes. Any unauthorized contact may disqualify the Offeror from. further consideration. Contact information for the single point of contact is. as follows: Procurement Office: Honor.Motes Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltongo.us 1.2 REOPIRED REVIEW A. Review RFP. Offerors. should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above vici e-mail of any ambiguity, inconsistency, unduly resf6cfive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to the procurement office referenced above on or before 5 PM (EST) on January 2, 2018. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City's Answers. The City will provide an official written answer to all questions on or about January 5, 2018. The City's. response w'ili be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the %posting of the RFP at htfp://www.gltyofmiltonga.us or http://ssi.doas.state.ga.us/PRSapp/PR_Index.Isp..Offerors must.sign and return 9 1 P, FP 18 -PD 1 any addendum with their.RFP response. D. Standard Contract. By submitting .a response to this RFP, Offeror agrees to acceptance of the City's standard contract. Much of the language included. in the standard contract reflects requirements of state law. Requests for exceptions to the standard. contract terms, or any added. provisions must be submitted to the procurement office referenced above by the dare for receipt of written/e- mailed questions. or with the Offeror's RFP response and must be accompanied by an explanation of why the exception is. being taken and what specific effect it will have on the Offerors ability to respond to the RFP or perform the contract. The City reserves the right to address non- materiai, minor, insubstantial requests for exceptions with the highest scoring Offeror during contract negotiation. Any material, substantive, important exceptions requested and grahted to the standard terms and conditions and standard contract language will be .addressed in any formal written. addendum issued .for this RFP and will apply to all Offerors submitting a response to this RFP. E.. Mandatory Reguirements. To be eligible for consideration, an Offeror must meet the intent of all mandatory requirements. The City will determine whether an Offeror's RFP response complies with the intent of the requirements: RFP responses that do not meet the fu 11 intent of.all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non- responsive:. 1.3 Reserved 1.4 SUBMITTING PROPOSALS Offerors must.argonize their proposals into sections that follow the fallowing format. A. Submittal Reguirements. Proposals..shall include the following. T. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City& Milton Proposal letter (information entered) 4: Technical Proposal: Each Technical Proposal Shall be: a. No more than six (6) single sided pages (three pages if double sided) 1. Cover page(s), table of contents, tabs, and required forms do not count toward the page limit b. Minimum of 11 point font c.. Stapled or spiral -bound, No binders Each Technical Propos.ai Shall Conta€n: a... Design Team (2 pages) —include project staffing, qualifications of the design team, and what sets the team 10 1 RFP 18-PD01 apart b. Work Plan {2 pages) -- provide an anticipated project schedule, any anticipated challenges, and any innovative approaches C. Related Projects and References (2 pages) 1. Describe at least 3 similar projects with references and the degree of involvement of the team d. Pricing (See Section 5.0) 5, Applicable Addenda Acknowledgement. Forms (if necessary) offerors must organize their proposal into.sections that follow the format of Section 1:4 .and Section 5.0.. B.. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also: choose to not evaluate, may deem non- responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, ore difficult to understand., are difficult to read, or are missing any requested information. C.. Copies Re uired and Deadline for Recell2t of Proposals- One ro osals..One original and three. (3) copies of each submittal (plus a CD or Flash Drive) should be provided to the City. Proposals must be received at the Finance department receptionist's desk in. City Ha 11 prior to 2:00 PM,..Iocal time, January 11,.2015. Emailed responses to Leg nests for proposals are not acceptable. Proposals will be opened. at approximately 2:05 pm and names of Offerors Will be announced. *Imi2octant to remember when submiffinQ diciltal files: 1.. Mark all CD's or Flash Drives with Offeror's name and RFP number and .title: 2. All digital files must be.. in either {unless otherwise specified .within this -document). a. Microsoff Office file format or .b. Portable Document Format (PDF). 3. Use caution in creating the electronic. files. If the Cities are unable to open files due to data-corruption..password or encryption error,.etc.,.the Offeror's proposal may be considered incomplete. 4. NOTFr All digital copies must include exactly the same information os provided in fine .hard copy "Original", D. Late_ Proposals. Regardless of cause; late proposals: will not be accepted and will automatically be disqualified from further consideration.. It shall be the Offeror's sole risk to assure delivery to the receptionist's desk. at the designated office by the designated time. Late proposals will not be opened and may be.returned to the Offeror at the expense of the Offeror or 11 1 RFP iii -PDLL i destroyed if requested. 1.5 OFEROR`S CERTIFICATION A. Understanding of Specifications and Requirements:. By sulornitting a response to this RFP, Offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the.proposal as requested by the City are entirely the responsibility of the.offeror. The City is not liabie for any expense incurred by the Offeror in the. preparation and presentation of their proposals. B. All Tim. ely Submitted Materials Become City Property.. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to. any formal documentation, which would further define or expand any contractual relationship between the City and Offeror resulting from this RFP process: 12 l 1 FF 18-PUC1. SECTION 2: RFP STANDARD INFORMATION. 2.0. AUTHORITY This RFP is issued under the authority of the City of Milton. The UP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation. criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The. City.encourages free and open competition among Offerors. Whenever possible, the City will design specifications, proposal requests, .anl conditions to accomplish this. objective, cons istent`with the necessity to satisfy the City's need to .procure technically sound; cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. Ail information received in response. to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has. passed, and the award has been made, with. the following four exceptions: ( 1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by thei City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility; unless prior wriffen consent has. been given by the Offeror; and (4) other constitutional protections. B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this. RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the foilowing conditions have been met: 1.. Confidential information is clearly marked and separated from the rest of the submittal. 2: An affidavit from an Offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal. containing trade secrets. Please contact. Honor Motes for additional information. Information. separated out under this process: will be available for review only by the procurement office; the..evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs. and fees associated with defending a claim for confidentiality in the event of a "right to. know" (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS. 13. l REP i 3_lsD J' A. initial Classification of Prop osals as Res pomive or N onresp onsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, :if any of the required information is not provided; the submitted price is. found. to be excessive or inadequate: as measured. by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be cons€tiere d further: B. Determination of Responsibility: The procurement office will determine if an Offeror has met the standards of responsibility. Such.a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive.. C.. Evaluation of Proposals: The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to. the highest scoring Offeror or, if necessary, to seek discussion/negotiation in .order to determine the highest scoring Offeror. All responsive proposals will be evaluated based on stated. evaluation criteria. In scoring against stated criteria,. the City. may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the Offeror's propo5'als and.other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. information or materials presented by Offerors. outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Offeror being disqualified from further consideration. E. Opportunity for DiscussionZNegotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the cleterminotion of the award, the City. may initiate discussions. with one or more Offerors should clarification or negotiation be necessary. Offerors may also be required to make .an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to .Milton,'Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the O€feror's expense. F. Best and Final Offer. The "Best and Final Offer" is an option available to the -City under the RFP 14 1 RFP 18 Pim:,0' process which permits the City to request a "best and. final offer" from one or more offerors if additional information is required.to make a final decision. Offerors may be contacted asking that they submit their "best and final offer," Which must include any and all discussed and/or negotiated changes. The Cityreserves the right to request a "best and final offer for this RFP, if any, based on price./cost alone. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. K Request for Documents Notice.. Upon concurrence: with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring Offeror to obtain the required insurance documents, contract performance security, and any other necessary doc.uments.. receipt of the "Request for Documents Nofice" does not constitute a contract and no work may.begin until a contract signed by all parties is in place.. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Offeror whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest5 coring Offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Offeror: J. Contract Award. Contract award, if any: will be made. to the highesf scoring Offeror who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP., issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best i.n.terest, the City, in its.sole discretion, reserves the right to:. 1. Modify, cancel or terminate this RFP, 2...Reject any:or all proposals received in response to this RFP, 3. Select an Offeror without holding interviews, 4: Waive any undesirob{e, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, S. To request further documentation or information, and to. dis a RFP submittal for any purpose in:order to answer questions .or to provide clarification, 6. Not award if it is in the best interest of the City. not to proceed with contract 15 1 RF"11118PDOII execution;. or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 16 1 RFP 18- 01 SECTION 3: SCOPE OF PROJECT 3.0 BACKGROUND The City.of Milton is located in the northern portion of Fulton County and has a. current population of approximately 35, 907 with a total land area of 39 square miles. The City is soliciting proposals from firmslindividuals interested in providing uniforms for its Police Department, including embroidery and alteration services. It is the. intent of the City to award contract to a. "Full Service Provider". The selected Vendor must be able to deliver within ten. (10) calendar days after award.. 3.1 UNIT PRICES.- Must:return completed spreadsheet (provided below) with Proposal The Offeror agrees to be reimbursed .on a price per unit.basis with the understanding that the City guarantees. no maximum or minimum purchase or work. Please filkin the "price per unit" column on the spreadsheet. The prices listed must. be valid for of Ieasf one year. A 2.5% inflation addition may be added after year one:. Offeror must notify the City of Milton in writing thirty (30) days prior of any increase in price. 3.2 REFERENCES/EXPERIENCE - Please supply two (2) references on your own form Full consideration will be given to the reputation of the submitter, City of Milton experience; financial responsibility,. and work of this type successfully completed. Regarding vendors who have performed services for the City previously,: this evaluation will include consideration of the quality of the work previously provided by any such vendor. In conducting.such evaluation, the City may also consider credible evidence provided to or obtained by the City from any source regarding any vendor's quality of performance on other projects for. entities other than the City.. 17 j RFP i 8-SPD0 i SECTION 4: OFFEROR PROPOSALS 4.0 CITY'S RIGHT TO. INVESTIGATE The City may make such. investigations as deemed necessary to determine the ability of the Offeror to provide the supplies and/or perform. the services. specified.. 4.1 OFFEROR INFORMATIONAL REQUIREMENTS Firms intereOed in providing the services described. in this RFP should be able to demonstrate experience in the areas .described in Section 3. 18 1 RFP 18-PD01 SECTION 5: COST PROPOSAL MIL -O E57ABUSHE❑ 2006 MUST BE RETURNED WITH BID RFP 18-PD01 One (1 ) original and two (2) copies shall be submitted in a separate sealed envelope before the required deadline. The offeror's cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work: Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder. The quantities listed below are estimates. The actual price will be the actual quantities multiplied by the "fixed cost per unit" listed below plus any applicable hourly service requirements. Please complete the "Fixed Cost Per Unit" column below and return with proposal. (See Attached Schedule) 19 1 RFP 18 -PDD] Milton order Farm Name Admin or Officer Order Date PO: QTY BRAND DESCRIPTION UNIT - PRICE Size LINE TOTAL ELBECO; SOUTHEASTERN Men's dress SHORT sleeve shirt is made of 100% COR COMPARABLE textured polyester - Navy ELBECO: SOUTHEASTERN Lady's dress SHORT sleeve shirt is made of 100% OR COMPARABLE textured polyester - Navy$ ELBECO: SOUTHEASTERN Men's dress LONG sleeve shirt is made of 100% textured RCOMPARABLE) polyester - Navy ELBECO: SOUTHEASTERN Lady's dress LONG sleeve shirt is made of 100% ❑R COMPARABLE textured polyester - Na $ SQUTH�ASTERN Men's dress Pants made of 100% textured polyester - OR COMPARABLE Na $ ELBECO: SOUTHEASTERN Lady's dress Pants made of 100% textured polyester - OR COMPARABLE Navy$ Unisex jersey turtleneck with ribbed cuffs and long FLBECO: SOUTHEASTERN sleeves 60% cotton / 40% polyester - (Embroidery MPD pR MPARABLE) in White $ Unisex jersey mock turtleneck with ribbed cuffs and ELBEC0: SOUTHEASTERN long sleeves 60% cotton 1 40% polyester (Embroidery OR COMPARABLE MPD in White) $ POLYESTER 3" CLIP ON TIE WIBUTTON HOLES - NAVY $ Reversible Jacket 31x1 Pol urethanelN Ion $ Reversible Coat with 3M Poi urethanelNylon $ MEN'S TACTICAL HEATGEARO COMPRESSION SHORT SLEEVE T-SHIRT - BLACK 511 5 IN 1 JACKET WILINER - BLACK - EMB B15, BADGE $ PATCH ABOVE POCKET - NOTHING ON LINER $ 511 • CHAMELEON SOFTSHELL JACKET - BLACK $ 24.7 SEWESO MENS TACTICAL PANTS - (color Men Tac Pants selection $ Men Tac Pants 24-7 SERIES MEN5 TACTICAL PANTS color selection $ 20 1 RFP 18-PD01 Women Tac Pants 24-7 SERIES® LADIES TACTICAL PANTS (color selection)$ Tru Spec Tac Polo Men's 24-7 SERiEST MENS SHORT SLEEVE PERFORMANCE POLO - wl Milton LOGO color selection S Tru Spec Tac Palo Women's 24.7 SERIES4D LADIES SHORT SLEEVE PERFORMANCE POLO - wl Milton LOGO color selection $ Cornerstone Tac Polo Corner$tone(D - Select Snag -Proof Tactical Polo. CS410 - wl Milton LOGO color selection] $ Men's Cornerstone Tac Palo Women's CornerStone(§ - Ladies Select Snag -Proof Tactical Polo wlMilton LOGO color selection) $ Vertex Tac Polo Men's VERTEX MEN'S COLDBLACK LONG SLEEVE POLO (color selection) $ Vertex Tac Polo Women's VERTEX WOMEN'S COLDBLACK LONG SLEEVE POLO (color selection) $ Other Items order below: - LAWPRO 48" DELUXE REVERSIBLE RAINCOAT WITH DETACHABLE HOOD/REFLECTIVE STRIPES/ PRINTING (or COMPARABLE) $ SPIEWAK ANSI VIZGUARD SHORT REVERSIBLE DUTY RAINCOATIREFLECTIVE STRIPESIPRINTING (or COMPARABLE) $ Winter toboggan hats - With embroidery MPD white letters $ - GOLD NAMEPLATE - LAST NAME ONLY SAFARILAND PLAIN DUTY BELT $ - $ BOOTS: DUTYMAN PLAIN VELCRO INNER BELT S I Bates 8" Tactical Sport Boot $ Thorogood Men's 8" Side Zip Jump Boot S 5.11 Tactical b" EVO Waterproof Boot $ Nike 8" SFB Field Duty Boot S Rock 8" AtphaForce Zipper Boot $ I This list would also include embroidery services and alteration services. 21 1 RFP 18-PDOI BID SCHEDULE MUST BE RETURNED WITH PROPOSAL RFP 18-PD01 Company Name Authorized Signature Print/Type Name Print/Type Title Date SUBTOTAL SALES TAX NIA - TOTAL 22 1 ,RF? 8-PD0 SECTION 6:. EVALUATION CRITERIA 6.0 EVALUATION. CRITERIA The evaluation committee will review and evaluate the proposals according to the criteria listed below. Proposals not meeting the minimum technical requirements and those who are non-responsive will not be considered. Positive or negative City of Milton experiences are part of the evaluation.. Lack of service experience with the City is not a detriment to the evaluation as long as positive references and experiences can: be produced. Location. evaluation is determined by .proximity to City Hail and Milton. Police Department. The City may request short-listed. proposers. to meet with. City 5ta€f for evaluation purposes. Proposal Evaluation Criteria: R eferences/Expe.riencel5ervicel Location 70% 8 Price 3097o 23 1 RFFD 18-17DO-1 SECTION 7: STANDARD CONTRACT. INFORMATION 7.0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Offeror should notify the City of any terms wifhin the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of.written/e-mailed questions or with the Offeror's RFP response. Any requests for material, substantive, important exceeptiohs to the standard contract will be addressed in any formal written. addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non -material, minor, insubstantial exceptions to the standard contract with the highest scaring Offeror at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the Offeror's RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations. shall be included in any resulting contract. The City's standard contract, attached as Appendix A, contains the contract terms. and conditions which will form the basis of any contract negotiated between the City and the highest scoring Offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and. responsibilities of the parties under this contract, the c0ntroct, along with any attachments prepared by the City, will govern in the same order of precedence as listed in fhe.contract. 7.2 SUEOFFEROR The highest scoring Offeror will be the prime Offeror if a contract is awarded and shall be responsible, in total, for all worse of any sub -contractors. All sub -contractor, if any,.. must be listed in the proposals. The City reserves the right to approve all sub- contractors. The Off:eror.shall be responsible to the City for the acts and omissions of all sub -contractors or agents and of persons directly or indirectly employed by such sub- contractors,. and: for the acts .and omissions of persons employed directly by the Offeror. Further, nothing. contained within this document or any contract documents created .as a result of any contract awards derived. from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT The Offeror is required to supply the City of Milton with proof. of compliance with the 24 l RFP 18-PD0l Workers' Compensation Act while performing work for the City. Neither the. Offeror not its employees are employees of the City.. The proof of insurance/exemption must be received by City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term: of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS'.WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Offeror must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities: Act of 1.990, and Section 504 of the Rehabilitation Act of 1973. Any subletting. or sub consulting by the Offeror subjects sub -contractors to the same provision. The Offeror agrees. that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race,. color, religion, creed, political ideas, sex, age, marital status; physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract.. Sample Contract.Intentionally Omitted ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 18-PDO1 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2507 Fax: 678-242-2499 Email: honor.motes@cityofmiltongo.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: PHONE: EMAIL ADDRESS: Signature ADDENDUM #1 STATE: II P: FAX: Date AFP 18-PD01 Addendum #1 Page 1 of 2 ADDENDUM 01 RFP 18-PDD1 Questions and Answers 1. On page 20 at the bottom, it states "This list would also include embroidery services and alteration services" Can you clarify what items would be getting embroidery other than what is listed per line item? - Polo shirts would need embroidery services as well as the hats and caps. Badgesipatches placement could be required on any shirt. z. is the embroidery text (MPD) for the Cornerstone Polos on page ao and turtlenecks on page 19 to be a specific font/size? All Caps or upperjlower case? Oris it a design? MPD is a specific font and size. Not a design. All uppercase. 3. Can you send the image and the dimensions of the agency embroidery logo for the Tru5pec and Cornerstone items? - The logo is currently under minor editing, but will be provided to the selected vendor. it is a landscape/ horizontal logo that is .84" x 3" long. 4. On page 19, do the reversible jacket and reversible coat need to include a hood or any other customization? - The five in one jacket does not include a hood, but will require a patch placement. No hood needed on the short jacket either, but the word POLICE must be on the back of both sides. The reversible coat will need a hood, and the word POLICE on the back of both sides. 5. On page 19, do the first 4 line items (shirts) require any patch applications or customizations? Yes, the shirts will need patch and possibly service stripe placements. b. On page 1g, the 5 in 1 jacket line item states "EMB BIS" Please advise what the embroidery is and what the Bf 5 means? - EMB BIS refers to embroidery, badge or symbol. At this point an embroidered badge is affixed to the jacket. RFP 18-PD01 Addendum #1 Page 2 of 2 "EXHIBIT B" M I " F fSTA$L!S FID 1006 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: 18-PD01 Uniforms - Milton Police Department Due Date and Time: January 11, 2018 Fax: 678-242-2499 Local Time: 2:00 p.m. Number of Pages: 50 ISSUING DEPARTMENT INFORMATION Issue Date: December 21, 2017 City of Milton Phone: 678-242-2500 2006 Heritage Walk Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/ Package: Galls, LLC RFP Number: 18-PD01 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office Special Instructions: 2006 Heritage Walk Deadline for Written Questions Milton, Ga. 30004 January 2, 2018 at 5:00 pm Offeror Federal J.D. Number: Email questions to Honor Motes at 20-3545989 honor.motes@cityofmiltoncga. us IMPORTANT: SEE STANDARD TERMS AND CONDMONS OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: fferor Signofory:Michoel Wessner Aut?erint Galls, LLC 1340 Russell Cove Roar! Lexington, KY 40505 Pie name and slcqln in ink Offeror Phone Number: OffEf9f FAX Number: 800 876-4242 (87K 914-2557 Offeror Federal J.D. Number: Offeror E-mail Address: 20-3545989 Pen man-Justin4Galls. corn OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2006 Heritage Walk Milton, GA 300104 P: 678.242.25001 F: 678.242.2499 inro.gcityofmillongo.us l www.cityofmillonga.us 0000 4 j RFP 18-PD.01 MUTu"NIP ESMLISHED 7Ap6 CITY OF MILTON. DISCLOSURE FORD MUST BE RETURNED WITH PROPOSAL NIA This form is for disclosure of campaign contributions an.d family member relations with. City of Milton officialsjemployees. Please complete this form and return as part of your RFP package when itis submitted. Name of Offeror Go lis. LLC Name and the official position of the Milton Official to whom the campaign Contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) NA List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the: named. Milton .Official Amount/value Description NIA NIA Please list any family member that is currently (.or has been employed within the last 12 monthly by the City of lviiltgn andyour relation: NIA 5 1 RFP 18-PD41 IMI LTO N'Irl MAWS] IED 10% MUST BE RETURNED WITH PROPOSAL REP 18-FDOI PROPOSAL LETTER We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP), RFP 18-PDO1, Uniforms - Milton Police Department. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a Contract, to deliver goads and services which meet or exceed fhe specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I arra authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Date 1/211a Print/Type Name Mi 4 essner Print/Type Company Name Gaits, LLC 6 1 RFP 18-PDOI MUST BE RETURNED WITH PROPOSAL CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91 (b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 450467 eVerify Number 9123111 Date of Authorization Galls, LLC Name of Contractor Uniforms-- Milton Police Department Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on gal 8 in (city), KY {state Lexington Sign rof Authorized Officer or Agent MicWessner CEO Printed Name and Title of Authorized Officer or Agent SUBSCRIB D SWOR BEFORE ME ON THIS THEY OF 201. NOTARY PUBVC [NOTARY SEAL] My Commis ion pires: 3I 1 " • S I 1 � I ! E' k I 1 vj' } • �i 1 LLS RFP- I8-PD01. - Galls, LLC Response Milton Police Uniforms —Technical Proposal Galls, LLC 1"Galls"j Offers the City of Milton Police 1"MPD"y a 360' Solution Pud Sp In-hw l MMI The following professionals from the Galls Team will be assigned to serve the MPD to meet your bid requirements, delivery service levels, and provide a dynamic working relationship. Ed Rumowica, Regional Account Executive — Ed is the RAE for North Georgia. He has over 30 years' experience in the law enforce mentlpublic safety market. Strong product knowledge in uniforms and textiles. Ed is based in Metro Atlanta and available for equipment sizing's, product demonstrations and available to meet on site to provide personal customer service. Contact information. 336-508-4754 rumawicz-ed@galls.com Rachel Hummel, Managed Account Representative — Rachel manages Georgia accounts from her home in Southeastern Virginia. Rachel has over 4 years of experience working with Law Enforcement and First Responder Uniforms. Rachel is available M -F 8am-5pm to assist MPD with any of their uniform/contract needs.. Contact Information: 1-276-791-1356 hummel-rachel&@galIs, corn LLS RFP- I8-PD01 - Galls, LLC Response Milton Police Uniforms — Technical Proposal Galls Sales Galls Operations Team Galls Senior Management Management Team Team Joe Clements, Sales Benny Belcher, VP Merchandising & Mike Wessner, CEL Team Leader Sourcing Chris Medley, Mark Wall, Senior Director Inventory Mike Andrews, CFO District Sales Management Manager Adam Hall, Senior Jim Azbill, VP Supply Chain & Distribution Chuck Moyer, Director of Safes CLL Customer Service Galls also has over 25 highfy trained support team representatives to assist MPD. Your agency will have the ability to live chat with us, call toll-free, or email for the information they need Monday through Friday from 8am-9pm ET. www.galls.com Toll Free: 1-888-831-9824 or 1-866-673-7643 help-desk@galls.com Broadest Product Selection: Galls is MPD's reliable source for quality, in -stock public safety equipment and apparel. Like you, we're quick, efficient, and effective. Galls understands that the demanding needs of your profession drive your purchasing decisions, so we demand the quality gear you require to do your job. As the public safety industry leader, we pride ourselves on having the largest inventory in the industry. However, your options do not end with our inventory: Galls will leverage our experience and knowledge to find the products you require in the rare event we do not inventory the item or brand. Full Spectrum In -House Uniform Services: No one can compare to our full spectrum of in-house customization options for apparel and gear, Huge In -Stock Inventory and Rapid Fulfillment: Galls has the largest on -hand inventory in the public safety industry — period! This means less backorders, faster service and faster delivery. Galls also has the right inventory to match the market trends, so you are always ordering the latest and best in the industry. Brands You Depend on: As a public safety professional, your gear must perform. After all, it may mean the difference between life and death. That's why MPD can count on Galls to offer only top-quality products. LLS Warranty and Replacement Policy RFP- I8-PD01- Calls, LLC Response Milton Police Uniforms — Technical Proposal All products will fall under the manufacturer's standard warranties. In addition, Galls offers a "no hassle guarantee" on returned merchandise. This means if MPD is unhappy forany reason with your purchase, you can return it to Galls for an exchange or refund. This does not apply to a non -Galls error on a personalized (embroidered, heat press, etc.) garment. Order Placement Process (eQuip) MPD will have the option to place orders via email or phone or through Galls Custom Equip agency specific website. At the discretion of MPD, Galls will provide a fully customized Oniine Ordering System ("eQuip"). eQuip is a real time, secure online ordering system which is fully integrated into the Galls ERP platform. eQuip will allow MPD to see inventory availability, reduce keying errors, and provide for a seamless flow of orders from the MPD customized site to the Galls warehouse management system. eQuip will notify MPD of any backordered items in real time during order p#acement. Galls will work closely with our manufacturers to obtain product quickly to maintain compliance with MPD delivery requirements. Galls will make no substitutions on any order unless orovided prior a2proval from MPD Galls currently operates more than 2,200 eQuip sites nationwide, covering departments and agencies of all sizes between 25 and 100,000 users. eQuip will be a powerfully effective tool in the management of the MPD uniform program. eQuip capabilities will include: ■ Secure online ordering system o Site only accessible by usernamelpassword as assigned by MPD ■ Mobile device capability MPD specific configuration ■ Product offering management o MPD products only o Products by employee group • Optional shop full catalog feature • Integrated with Galls ERP system • Flexible On -Demand Reporting 0TY of KNowLLE Delivery System RFP- I8-PD01- Galls, LLC Response Milton Police Uniforms — Technical Proposal Galls will ship all orders via UPS from our Lexington, ICY distribution center. Additional shipping options may be available upon request from MPD Galls will provide a tracking number with every shipment. Additionally, tracking options will be made available on eQuip. Delivery time varies nationwide depending on ship method selected when the order is placed. Next business day, 2 -day delivery, and 3 -day delivery are all options. Deliverytimes are generally guaranteed apart from extreme weather conditions, or carrier's service interruptions. UPS Transit Map: Accounting System Galls has a full service "in house" accounting and finance department, and will work closely with the MPD to meet specific needs and make your billing process with Galls seamless. Electronic Billing Options Bill trust can email, fax, or USPS invoices automatically and daily. Statements are generated once a month and go out the same way. Non -customized invoices can be emailed individually or strung together and sent in one email from Bill trust. Customized invoices are manually generated and can be emailed, faxed, or USPS bi-monthly or month3y. Statements can be generated mid -month or at requested intervals. This is essentially a download of current account balance information in excel format. Customized invoices are almost always strung together and manually emailed to customers. Non -customized invoices- the Bill trust Gateway can be activated so customers can print their own statements and invoices for up to two years. After two years, invoices/statements are not available on L RFP- 18-PD01- Galls, LLC Response Milton Police Uniforms — Technical Proposal Bill trust, but invoices can be requested from Galls, and Galls can provide this information. Statements older than two years are not retained by Bill trust or Galls. Customized Hilting Options • Can have electronic signature capture of orders picked up at the retail/service centers • Can have up to 3 customizable fields (15 characters) printed on invoice • Can have contract descriptions printed after our item description • Can have contract line numbers printed on invoice Invoice Options Regular invoicing = 1 order with multiple shipments will = multiple invoices Bill Complete invoices = 1 order with multiple shipments = 1 invoice Both of the above types are customizable Frequency Options Regular, non -customized invoices from Bill trust are held for 5 days or $500 (whichever comes first) and then sent automatically. Customized invoices are manually generated by Galls team and are generally done bi- monthly or monthly depending on volume Statements are once a month Ail can be sent per customer's choice of method to deliver Reporting Capabilities Galls has the capability to create a variety of custom reports that will meet the needs of MPD. eQuip gives MPD the agility to easily extract this data and run the reports On -Demand. Below is an example of several reports Galls runs regularly and consistently. • Allotment Activity Report • Order History Sales Report • Itemized Sales Report • Backorder Report ■ Open Direct Ship Report • Sales by Product Type LRFP- I8-PD81 - Galls, LLC Response Milton Police Uniforms — Technical Proposal Related Pro'ects and References Atlanta Public Schools Police This project has numerous similarities in the uniforms and decoration that is used. All orders are processed through our Lexington Corporate warehouse and shipped directly to the customer. This customer uses an eQuip and places orders directly through me. Main Contact: Meredith Littles College Park Police Dept. This project also has many similarities to MPD with all orders processing through the Lexington Corporate Warehouse. They also take advantage of the eQuip to track their allotment program and let their officers place their own orders. Department orders are also sent directly to me. Main Contact: Lt. Bruce Braxton City of Atlanta Corrections This project also utilizes the eQuip capabilities to track its officer's orders and their allotments_ These orders process through our Atlanta retail store location. Many of the same types of items and decoration are processed for this project. Main Contact' Vance Williams & Yolanda Paschall City of Sandy Springs This project has many items that are similar to MPD. Their quartermaster utilizes the eQuip to place all her orders as well as contacting me for questions, additions. changes, etc. The orders process through our Lexington corporate warehouse. Main Contact: Krichelle Smith Fulton County Schools Police This project also has numerous similarities to MPD in uniforms and decoration. They utilize the eQuip to place orders. but also work closely with me for some orders. Their orders process though our Lexington corporate warehouse. Main Contact: Mark Sulborski ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 18-PD01 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2507 Fax: 678-242-2499 Email: honor.motes@cityofmiitonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RPP. COMPANY NAME: Galls, LLC CONTACT PERSON: Rachel Hummel ADDRESS: 1340 Russell Cave Road CITY: _ Lexington STATE: Kentucky ZIP: 40505 PHONE: (800) 876-4242 Ext.2421FAX: (877) 914-2557 _ EMAIL ADDRESS:_ H Signature I I Date ADDENDU**' 1 RFP 18-PDOI Addendum 41 Page 1 of 2 ADDENDUM #1 RFP 18-PD0.1 Questions and Answers 1. On page 20 at the bottom, it states "This list would also include embroideryservices and alteration services" Can you clarify what items would be getting embroidery other than what is listed per line item? - Polo shirts would meed embroidery services as well as the hats. and caps. Badges/ patches placement could be required on any shirt. a. Is the embroidery text. (MPD) for the Cornerstone Polos on page zo and turtlenecks on page 19.to be a specific forit/size? All Caps. or upper/lower case? Or !sit a design? - MPD is a specific font and size. Not a design. Ali:upper case. 3. Can you send the image and the dimensions of the agency embroidery logo for the TruSpec. and Cornerstone items? —The logo is currently underminor editing,. but will be provided to the selected vendor. It is.a landscape f horizontal logo that is .8411 x 3" long. 4. On page 19, do the reversible jacket and reversible coat need to. include a hood or any other customization? - the five in one jacket does not include a hood,. but will require a patch placement. No hood needed on the short jacket either; but the word POLICE must be on the. back of both sides: The reversible. coat will. need a hood, and the. word POLICE on they back of both sides, 5. On page 1g, do the first 4 line items (shirts) require any patch applications or customizations? Yes, the shirts will need patch and possibly service. stripe placements: b. On page 19, the g in 1 jacket line item states "EMB Bj5" Please advise what the embroidery is and what.the BIS means? — EMB B/5 refers. to embroidery, badge or symbol. At this point an embroidered badge is affixed to the jacket RFP 18-PD01 Addendum #1 T page 2 of 2 19 1 RFP l8-PD0l - Milton Order Form NVRe :Galls; LiE• Admin'or officer Pfd& Nte :Po. Q.Tyl MARP DEsCRIPTIbN UNIT MICE, size LIME TOTAL ELSEQQ. SQUTHFAS'rr MR QOMPAR8fl_LEj Mc!fS d re ss SHORT deevLshirt isMade of 100% AoxtUred pot yester, - N avy 14-24- 5 35M El BQC0:5OU 71JEASTS RN QEL�PAR� Lado dre ss'SHORT sioev# shirt -is Madi 106% teturedpiYiLter N 35.00 j_..M J_Q _L (OR-C2MLA�R�AB -PoLyester 3.9150: 14-41 $39.5.0 ELEEQQ�_�T F8s7-F-R (OR rOP_g3LQ 5 ALONG sleeve shirt is made 6 r 70&° textured s: 39,50. .39.5 13Egj0_T SCJ • LMMPARABL ILMIMPARAEL Men's Mens d ress, Pants made of 100% te4uro polyester - N. .50. 38.5& ELBE�:SQURHEAS- Ladyi idr.ess Paras made Of•im teAu red P. otyesNer - Navy O MME.ARAALa U6isex jeiriey,turtLerredc with ribbed cuffs and long. sleeves 60 cotton / 40.% polyester - (EmbroWerypPID in Wh ite in ) . $ 20.0.0, 4.5757C. 5..20;00 .ELkEQQ�.S()LjTHEASTERN (ORCOMV ARA _ If.;) agECO: 906T J;ASTEW. Uniseoersey rn.ock.turtleneck With dh bed wfft and to ng.sleQV65.60% cottch I 4b.% -po t ro rr6nklery lyes e (E mpD In'Whi 6, 2RO (OR COMPARABLE) POLYESTER 3.' CLIP ON TW- W/SUTTON HbLES - NAVY s 4.00 x -tong S4.00 PL-VeTsfblo Jacket 3M Polyurethane/Won s-99.00 'SM -6x S99.66 Rey4irsiblLe Coat with -3m P6tgurethaneMylon i s 128,00', $128.00 MEMS TACTIAl, MATGEARO C0MPRtS10N.SHQRT SLEEVE_t;SHlu _. Bacx -5m:6x I 511 5 M i.JACKETWIUN�R -BLACK - FJAB B/S. BADGE PATCH.ABOVE POCKET NOTHING dM: QNg D SM -4x S 195M .5l I - CHAMELEONswT5HELL JACKET BLACK _t_lA!j. s sm-:3x. S.9.6.00 MMJ_T_20 Pants 24..7 SERIEStMEN.STACTjr-AL PANTS - (6tpr selection) s.3-7.00 1 29�54 I s 37;00 men Tac Pants j.2+_75ERlE5 MENSTACTJCAL IJANT$ --Atclar selection )_ S 3�_O_o .1 28,54 IS 57.00 24.7 SERIES0 LADIES TACT, iCAL.PaMTS. - �cotar Women Tac Pants setectivn} 5 37.0.0 044 .37.00 47-SERIES mEN5 5HDRT 5LEEVE P£R bWR NCE FOLD. Tru Spec Tac Polo M n' .. ivj mitton LOGO . lcolar:seiectlori S' 30,100 $30.00 Tru ancyac ;Polo 1475EWESV.LADIES.SIfOR�r:sl:EMPERFORMANCE il110rr18n' POLO-..-W7MAtontbb O- tcolarsetection} x5-4x 5.3.0.04 'Comerstme Tac'PQIo Cwe�Stone@ a Select Snag-Praof T..act{cat Pala. C5410 Nks• w/ Mitton LOGQ trolar se ecu X6.4.0 -xs-5x 5 26.00 GO3ft5 E'TaC Polo ComerStone�r' -i adfes,Setect.5na5-Ptonf iactfcal.Poty R Bri S vamiltan' LOGO (color selectfon} X - s-26-00.. VERTE7CAENs`.CiQLDBLACKLONG,5LEEVE POLO ([dor N"xTac Pola.Ni r s seiectionl S O:i74 xs�sx S.4D_0Q Vertex Tac Pain VERTEX W4rr WS:COLDOLACIC LONG SLEEVE POLO WR erntii (coiorsetectiorl) Outer items order below_-, LAWPRd 4F D]:LLIXE REVEPSIBLE M_ NCOAT WfTH DETACHA3LE.:H0O1)IREFLkTiVE 57RIP£51PRiNi1NG.{or COMPARABLE1 5 o.FiD. SPIEtiYAK.ANSI VI4GUARD 5HDPT REVERSIBLE DEITY RAI NC OAT IREFLECTIVESTRIPES/ PRI NTING :{ar COMPARABLE] F05:Qp S 305_[30 Wthier toboggan. hats . Wfth el'nhraidgryMP.B white 7S: letters S.£1(l . ]1 a, 8.00 - GOLD NAMEPLATE - LAST NAME-ONLY $.. ri,Ja - _ SAFARIS AN1191 Alit DUTY OLT 24-6Q $ 47:00 - DUTYMAN.FLAs'M.var- O,IhtNERBEi.T ? is-3x 522,00 1.1300TS-, BaWs.;8"Tactic al Sport:8bot _0 7-15 578.00 'horn ood Men's 8-,Side -Zip Jump Boat. < 10-&00 14iS=15 Tactka� a" EV6,fatetprooi. Boot - S. 107:40 S.107.60 Hike 8" SFB Fietd Du Boot 127.Da:.4-�� 527M Rdric 9- AIONWorce Zi er Borst 5:.95:90 4 16 $ x90, This list, would abb inclufle embroideryservice$ and alteration services. 21 j RFR 18-P'. 01- BICC SCHEDULE MUST BE RETURNED WITH PROPOSAL RFP 18-PD01 Company. Name Galls, LL .Authorized 5igriature_ P inf Type,Name Michael P(intQpe, Title CED 112118 S18Ts]TAL- 5ALU .TAX. TOTAL: Honor Motes From: Hummel, Rachel aHummei-Rachel@gal]s.com> Sent: Thursday, February 08, 2018 9:32 AM To: Honor Motes; Penman, Justin Subject: RE: RFP 18-PD01 clarification needed Attachments: SHOWROOM LABOR PRICING.PDF Follow Up Flag: Follow up Flag Status: Flagged Good morning, Attached is a list of pricing for alterations at our retail store location in Atlanta. Please let me know if you have any questions. Thank you! Rachel Hummel i Managed Accounts - GA Phone; 800-876-4242 ext. 2421 1 Cell; 276-791-1356 1 Hummel-Rachel(@,galls.com V4ALAE.150s; COUNTING From: Hummel, Rachel Sent: Friday, February 2, 2018 10:16 AM To: `Honor Motes'<Honor, Motes@cityofmiltonga.us>; Penman, Justin <Penman-Justin@gaIIs. com> Subject: RE: RFP 18-PDO1 clarification needed Good morning, The closest location to you is in Atlanta. The address is below. I have requested an alteration price fist from this location, so that if anyone would like to go here to have extended alterations done they will have the prices. Galls Atlanta Retail 1315 Chattahoochee Ave IOW Atlanta, GA 30318 Thank you! Rachel Hummel I Managed Accounts - GA Phone. 804-876-4242 ext. 2421 1 Cell_ 276-791-1356 1 Hummel-Rachelp_7 Lalls.com 1 V4LL.5 MID CDUMING From: Honor Motes ImaiIto: Hon or.Motes ci ofmiIton a.us] Sent: Friday, February 2, 2018 9:52 AM To: Hummel, Rachel <Hummel -Rachel@ alls.com>; Penman, Justin <Penman -Justin alls.com> Subject: RE: RFP 18-Pd01 clarification needed Good morning, Thank you for providing the additional information. Is there a Gail's store in Georgia? If so, please provide the address. Thanks, Honor Motes Procurement Manager 2006 Heritage Walk, Milton, GA 30004 678-242.2507 (0) www_cityofm i ltonga.us Important: The Milton police Deportment and Municipal Court remain located at 13000 Deerfield Parkway, Milton, GA 30004. -O E OF M I LTO N'Vk, LSIARL€S!Ili7!L�Oo ©� Y111 Want to stay on top of what's going on In the City? Sign up for our e -Newsletter! Have a problem, question, comment, complaint or compliment? We wont to hear about it? For prompt assistance, call 678.242.2500 or a -mail us at info@cityofmiltpnga.us. From: Hummel, Rachel [mailto:Hummel-Rachei@galls.com] Sent: Thursday, February 01, 2018 5:11 PM To: Honor Motes CHonor.Motes@cityofmiltonaa.us>; Penman, Justin EPenman-Justin@eaIIs.com5� Subject: RE: RFP 18-PD01 clarification needed Good afternoon Honor, Answers are below. Please let me know if you have any other questions. Thank you! Rachel Hummel j Managed Accounts - GA Phone: 800-876-4242 ext. 2421 1 Cell: 276-791-1356 1 Hummel -Rachel Q-galls.com V4LL11950 AND COUNTING From: Honor Motes fmailto:Honor. Motes@cityofmilta_us] Sent: Thursday, February 1, 2018 3:10 PM To: Penman, Justin Penman-Justin@gaIls.Com7; Hummer Rachel <Hurnmel-Rachel@galls.com> Subject: RFP 18-PD01 clarification needed Good afternoon, In regards to your submittal for this solicitation would you please confirm the following: 1. Do you provide alteration services? If so, Is this service provided In the price(s) submitted or are there additional charges? - Basic alterations are included in the prices) submitted. This includes: adding emblems, Namestrips, embroidery, & hemming pants. 2. Do you provide embroidery services? if so, is this service provided in the price(s) submitted or are there additional charges? - Yes, we do provide embroidery services. This will be provided in the prices submitted. Thank you, Honor Motes Procurement Manager 2006 Heritage Walk, Milton, GA 30004 678-242-2507 (0) www.cityofmilton cga.us Important., The Milton Police Department and Municipal Court remain located at 13000 Deerfield Parkway, Milton, GA 30004. HOME OF LTO I N l,IASt"Itt132 e• ©T WOUM Want to stay on fop of what's going on in the City? Sign up for our e -Newsletter! Have a problem, quesfion, comment, complaint or compliment? We want to hear about it! For prompt assistance, call 678.242.2500 or e-mail us at info4cifyofmiliongg.us. 6dift Tamermap AN�ration Chas EXHIBIT "C" Page 1 of 2 CERTIFICATE OF LIABILITY INSURANCE DATE(MM.16Dr" 03/0/20.18 THIS CERTIFICATE. IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES. NOT AFFIRMATIVELY 'OR NEGATIVELY AMEND, ExTEND OR ALTER THE .COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,. AND THE CERTIFICATE HOLDER. IMPORTANT: If,the. certificate holder Is an ADDITIONAL INSURED, .the. policy{ies) must,haVe ADDITIONAL. INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, suhject to the terms and Condit€ons of the policy, certain. policies. may require an endorsement: A statement on this certificate does not confer rights to the certificate holder in lieu of such endorse.ment(s), PRODUCER Willis of New York r Inc.. clo 26 Century Blvd P.O.. Soil .305191 O C NAME1 PHONE FAX' e..E 1-877-945-7378 1-888 467--2378 9Li I} ali. - _ __ INC. Hol:: ., E-MAIL ificates@willis,cam ADDRESS: certm, _ INSURER( LP� FFORDiNGROVERAGE NAIL# Nashville, TN .37230.5191 USA INSURER A:.QSg Insurance. Corporation 39217 _ INSURED. INSURER B.. General Casualty Company of Wisconsin :24414 Galls, LLC 1340 Russell Caw Rd. - .INSURER C; Praetorian Insurance Company 37257 INSURER 0:. NatiOrIaL Union Fire Insurance Company of P W 194¢5 Lexington, .KY 405053114. INSURER E -. i A INSURER F: � COVERAGES CERTIFICATE NUMBER' Wa46oaats RFVI1.RIr1N NIIURFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE. POLICY PERIOD INDICATED.. NOTWITHSTANDING ANY REQUIREMENT, TERM OR .CONDITION. OF. ANY CONTRACT OR OTHER DOCUMENT 1NITH RESPECT TO WHICH THIS CERTIFICATEmAY BE ISSUED OR MAY PERTAIN. THE INSURANCE.AFFORDEID BY THE POLICIES DESCRIBED HEREIN IS. SUBJECT TO ALL THE TERMS., EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES: LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE CP iNSURANC DL i &US i POLICY NUMBER POLICY EFF MWDDlYYYY POLICY ffX_ MMIDDIYY Yj LIMITS .x COMMERCIALGENERALLIABILITI' EAC HOCCUR RENCE $ 1,000;000 CLAIMS -MACE OCCUR' � � PREMISESEaoccuu ncej„ $ 1,x60,909 E_XP (Any oris person] $ 10 , oD D A - _ � CGA1331044 03/01/2018 D3I.903[0-1/203,9.03[0-1/203,9.MED_ 9: PER SONAL&ADV INJURY 5 1,900,00.0 GEN'i.AGGREGATE LIMIT__APLIEER: PSP - W GENERALAGCFREGATE S 2,.009, 000 I PRO - X POLICY EJECT =1 LOGI PRODUCTS - COM PIOP AGG 2,.000,000 OTHER, AUTOMOBILE LIABILITY CDh9EINEDSNGLELIMk 5 1:,900.,099 Baa^cid®nt 13PCIL f INJURY [Piss person] S 3C ANYAUT OWNED SCHEDULED ----------.----•- BODILY INJURY (Per acddent) S .p y AUTOS ONLY: F AUTOS y CBA1331D44 93/01 j2018 .03/01/2019 HIREDNON-OWNED. € AUTOS ONLY AUTOS ONLY E 4 PROPERTY DAMAGE (Per acmd3CGfdQnt S. ? � t i 8 }- I UMBRELLA L3ABx OCCUR EACH CCCURRE `1C.E 5,00 0,:000 EXCESS I" CLAIMS-MADEY Y. I CCU1331044 93/01/2018 03/01/2019 �5 .AGGREGATE $ 5,000,909 _ D>rn I RETENTION Z 10 , 000. �.� WORKERS COMPENSATION x PER OTH AND EMPLOYERS' LIABILITY YIIJ[1,90D,000 STATUTE E.L,.EACHACCiaENT 5 G' •ANYPROPRIETORIPARTNERlEXECUTIVE i IOFFiCERIMEMSEREHCtUDED7 iNIA ❑ Y CWC1331044 03/01/2018 93/01/2019------• (Mandatary in.NH) I 5,000.,900 ; t3i5EA5E-EA EMPLOYEE 5 If. 6s, QCSWIbe Under iC SCRIPTIONOFOPERP.T€ON54efaw I -ESL, Ww _ _ E.L. DISEASE -POLICY LIMIT S 11000,000 D jPro€assional Liability. D1-294-82-36 03/I3/2017 93/13/20113s 1,0001Q00.00 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES iACCRD 101, Additional Remafkc Schochi W, may be attached if more space Is required). This. Voids. and Replaces Previously Issued Certifa:cate Dated 03/05/2016 WITH ID: 9x5456279. Re: Uniforms -- Milton Police Department City Of Milton iS included as..an Additional Insured as respects to General Liability, Auto Liability and Umbrella. ULK 1 I17IUA 1 t i9ULtJ11:I1 4ANirtLLA I IV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE . EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Milton .AuTHORIZEDREP RES RNTATIVE 2006 Heritage Walk /yn Milton, GA 30004 �I ©1988-2015 ACORD CORPORATION. AEI dahts reserved. ACORD.:25. (2016103) The ACORD name and logo are registered marks -of ACORD sk ID: 15722909 BATCH, 626709 AGE=NCY CUSTOMER ID: LOC L� ADDITIONAL REMARKS SCHEDULE Page. 2: Of 2. AGENCY NAMED INSURED Willis of New York., Inc. Galls, :LLC .1340 Russell Cave Rd. Lexington, ICY 405053114 POUCYNUMBER See Page I CARRIER NASC'CODE. See. Page I See Page. Z EFFECTIVE DATE See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,. FORM NUMBEM. 25 FORM TITLE. Cartificato of Liability: rrinurance General Liability policy. shall be Primary and Non--Contributory:with any other insurance in force for or which may be purchased -by Additional Insured. Waiver of. Subrogation applies in favor -of Additional Insured with respects to. General.Liability. Auto Liability, umbrella/Excess Liabill.ty and Workers Compensation as. permitted. by law. I ACBRn 101 12009/011 & 2008 ACORD CORPORATION. All r1ahts reserved. TIie:AC.ORD name and lDgn.aT reglstered marks.of ACORD SR ID -...15722909 enscH. 6Z6709 CMRT= Wa465658 STATE OF Kentucky COUNTY OF Fayette EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A, § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 450457 Federal Work Authorization User identification Number 9123/2011 Date of Authorization Galls, LLC Name of Contractor Police Uniforms Full Service Sunnly Name of Project CRY of Milton Geor is Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Ex cutedon 3 , 20,Tin (city), � (state). f Signature of Authorized O Icer or Agent R. Michael Andrews, Jr. CFO Printed Name and Title of Authorized Officer or Agent SUBSCRIBED ANDWORN BEFORE ME ON THIS THE ;- Yx DAY OF M YM,200- . NOTARY P 1VW14ANI- CAIN SULLIVAN WARY PUBLIC STATE AT LARGE, KEMT11Ci{Y [ OTARYI0,]jp 512100 My COMMMMON EWEMa MAY JO,1WO My Commission Expires: 51'�L11�) EXHIBIT. "E„ N/A STATE OF COUNTY OiF SUBCONTRACTOR AFFEDAV1T By executing this affidavit, the undersigned subcontractor verities its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which .is engaged -in the physical performance of services under a. contract with Galls, LLC on behalf of the..City of Milton, Georgia. has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorizationprogram throughout the contract period, and the undersigned subcontractor will contract -for the physical performance of services in satisfaction of such. contract only with, sub -subcontractors who present an affidavit to the subcontractor with the .information . required by O.C.G.A. § 13-10-91(b). Additionally; the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received :an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a.copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authori2ation are as follows: Federal Work Authorization User Identification Number Date of Authorization. Name of Subcontractor Police TUf 2= Full.Serviceucinly Name. of Project City of Milton: Geor& Name.of Public Employer I hereby declare under penalty of perjury that the foregoing is trite and correct. Executed on 20. in (city), . (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED.AND SWORN BEFORE. ME ON THIS THE DAY OF ,2D NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: TO: FROM: I LTO N1,1t ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 5, 2018 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Memorandum of Understanding between the City of Milton, Georgia and Veterans' Markers Related to Sharing of (limited) Personal Information. MEETING DATE: Monday, April 9, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 'V APPROVED (J NOT APPROVF�D��''_ CITY ATTORNEY APPROVAL REQUIRED: (J YES (J NO CITY ATTORNEY REVIEW REQUIRED: () YES () NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 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: Stacey Inglis, Assistant City Manager Date: Submitted on April 5, 2018 for the April 9 , 2018 Regular City Council Meeting Agenda Item: Approval of a Memorandum of Understanding between Milton Veterans Memorial Markers, Inc. and the City of Milton, Georgia Related to Sharing of (Limited) Personal Information Department Recommendation: The recommendation is to approve the MOU as presented. Executive Summary: The City of Milton partners with Milton Veterans Memorial Marker s, Inc. for the construction and placement of the veterans memorial markers around the city for Memorial Day and Veterans Day. Applications are received from Milton residents that contain certain personal information, such as email address, phone number and physical address. The MOU presented to you for approval will allow the city to share the personal information, which is otherwise protected from the Open Records Act, with this community partner for the expressed purpose of constructing a memorial marker for our veterans. Funding and Fiscal Impact: None Alternatives: None identified Legal Review: Approved by Molly Esswein and Ken Jarrard on 3/30/18 Concurrent Review: Steven Krokoff, City Manager Attachment: MOU MEMORANDUM OF UNDER.STANDING.BETWEEN NIILTGN VETERANS MEMORIAL MARKERS,, INC. AND THE CITY OF MILTON, GEORGIA RELATED TO SHARING OF (LIMITED) PERSONAL INFORMATION WHEREAS, O.C.G.A. 50=18-71 provides that all public records shall be open for personal inspection :and copying, except those which by order of a court of this state or by law are specifically.exempt from disclosure; WHEREAS, O.C.G.A.. 5.0-18-72(a)(20)(A) provides that public disclosure shall not be required for records that reveal certain personal information, including personal e-mail addresses; WHEREAS;. O.C.G.A. 50-18-72(a)(20)(A) is mandatory in application, and prohibits the release of certain personal.information to. the general public; WHEREAS,. the Open Records Act, however, anticipates that private providers may providegovernmental (municipalized) services in lieu of such services being provided directly by the City of Milton WHEREAS, iii such situations; such private actors operate in association with (but not in partnership with) the City of Milton;: WHEREAS, to that end, the City of Milton partners. and coordinates with certain private entities ('`C.omrnunity Partners" or "Community Partner") in providing certain services to the City and its residents; WHEREAS, as: noted above, these Community Partners provide services. for or on behalf or in conjunction with the City of Milton; WHEREAS, a Community Partner; in providing services for or on behalf of the City of Milton, or in conjunction therewith, may require. access. to certain, limited in scope, personal information in order to provide such services; WHEREAS, pursuant to Resolution no. 18-03-468. ("Resolution") adopted on Marchi 5, 2018, it is theintent of the Milton City Council. for Community Partners. to receive certain (narrowly defined)personal information peitinent to any services providedfor or on behalf of, or in .conjunction with, the City of Milton, provided such personal information is. used only for authorized puiposes; WHEREAS, it is the policy of the City. of Milton that such Community Providers only have access to limited personal inforination, as defined herein, and in.accord with this policy and any associated Memorandum of Understanding that may be entered with such Community Partners; WHEREAS, Milton Veterans Mem.orial.Markers, Inc. is a Cominunity Partner that assists the City in placing markers throughout the City of Milton during Memorial Day and Veterans Day in Honor of fallen. veterans; WHEREAS,.the identification and recognition of veterans coordinated by Milton Veterans Memorial. Markers,.. Inc. directly. advances the,governmental objectives. of the City of Milton. and is a part of the City of Milton's delivery of certain community outreach.services to its citizens;. WHEREAS, Milton Veterans Memorial Markers,. Inc., in connection with its partnership with the City of Milton ..in identifying veterans to. be. honored, anticipates the receipt of...certain personal information.of individuals,. specifically the identity of veterans to be honored, including the branch of the military and conflict in which the individual served, as. well as the name and contact information for the individual requesting tine recognition of any veteran: and WHEREAS, Milton Veterans Memorial Markers,. Inc. agrees. to be responsible for its receipt of any personal information prov=ided by the City of Milton as set forth and anticipated in the Resolution. BASED UPON THE ABOVE PREAMBLE WHICH IS A MATERIAL PART OF THIS MEMORANDUMS. AND FOR: OTHER GOOD AND VALUABLE CONSIDERATION HAVING BEEN EXCHANGED, THE RECEIPT AND SUFFICIENCY OF WHICH ARE ACKNOWLEGED BY THE. SIGNATURES BELOW, MILTON VETERANS MEMORIAL MARKERS, INC. AND THE CITY OF MILTON AGREE TO THE FOLLOWING,. 1. The Resolution, Exhibit A; is hereby ratified and re -approved and the terms, language, duties and obligations thereunder are incorporated herein and made a binding part of this Memorandum. of Understanding;. ?. In connection. with its partnership with the City of. Milton, and because of the services provided by Milton Veterans Memorial Markers, Inc. related to the placing of veterans markers in the City of Milton, Milton Veterans Memorial Markers, Inc. is authorized to .receive from the City any paper or electronic application submitted for the purpose of identif�,ing a veteran for a memorial marker to be placed by.Milton Veterans Memorial. Markers, Inc. Information contained in such applications to be shared with Milton Veterans Memorial Markers, Inc. includes veteran names, the Branch of the military and conflict in which the veteran scr-vQd; as well as: the name and .contact information for the individual requesting the recognition of any veteran, including street and/or mailing addresses, phone numbers, and.exnail addresses; 3. Milton Veterans Memorial Markers, Inc. may use such personal information provided by the City of Milton only in connection with the identification and .recognition of veterans; M.. Milton Veterans:Memorial Markers, Inc. agrees that it shall. safeguard and protect the personal information and ensure no dissemination of same; S: Milton Veterans. Memorial Markers.. Inc. agrees that it shall use any personal information received from the City of Milton only for the above -stated authorized purpose and incompliance with:any and all applicable law; and 6. That if the Milton Veterans //Memorial Markers, Inc., or any officer, employee, or agent of Milton Veterans Memorial Markers, Inc.., uses such personal information in derogation of this Memorandum of Understanding, or allows the personal information to be released due to negligence or lack of adherence to approved protocols, that the City of Milton shall have the immediate right to. terminate the. Memorandum of Understanding, terminate: its relationship with the Milton Veterans Memorial Markers, Inc., and. othenvise take whatever civil of criminal action is warranted and justified under the facts leading to. such use or distribution. 7. Amendments: This Memorandum of Understanding. represents the entire agreement between. the parties, An amendment can be added to this agreement if itis presented in. writing and signed by both parties.. 8. Terni and Termination: This Memorandum .of Understanding is effective. as dated below and shall remain in effect unless terminated by one of the. parties. Either party may terniblate this. Memorandum of Understanding for convenience.. by providing written notice of such termination %to the . other party. Upon termination, Milton Veterans Memorial Markers; Inc. shall be required to return any personal information it has received to the City of Milton and will take any and all necessary steps to remove such personal information from. its records. r, 1 :SQ AGREED, this. ��` day of r s- 2018. City of Milton{ � irVete`rans Memorial Markers, Inc. Seal Seal EXHIBIT A THE RESOLUTION STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 18-03-468 RE' SO N AND. POLICY OF THE CITY OF MILTON AUTHORIZING CERTAIN CI:}MMt'Mj`Y PARTNERSTO O RECEIVE LIMITED PERSONAL INFORMATION FOR AUTHORIZED PURPOSES WHEREAS, (:).C.G.A. 541-18-71 provides that all public records shall lie open for personal i.n.spection and copying, except those, by order of a court of this state or by law are specifically exetript from disclosure; WHEREAS, O.C.G.A. 50-19-72(a)(20}(A) provides that public disclosure shall not be required for records tbat reveal cert,rirt personal information, including personal e-mail. addresses; WHEREAS, O.C.G.A. 50-18-72(a)(20)(A) is mandatory in application, rind prohibits the release ofcertain personal information to the general public:; WHEREAS. the Open Records Act, however, anticipates that. private providers may provide goverrunental (municipalized) services ire lieu of'such services being provided directly by the City of Milton, WHEREAS, in such situations., such private actors operate in association with the City of Miltolt WHEREAS', to that end, the. Citv of Milton. partners and coordinates. with certain private entities ("Community= Partners' or "Community 11artner") in providing certain services to the City and its residents: WIIEREAS, as noted above, these Community Partners provide services. for or on behalf sir in coni unction with the City oi,MiIton; WHEREAS, a Community Partner, in providing, services for or on behalf of the City of Milton. or in conjunction therewith, .may require access to .certain, limited in scope, personal. information in order to provide, such. seriices; WHEREAS, it is the. intent of the Milton City Council for Community Partners to receive certain. (narrowly defined) personal information pertinent to any services provided for or on behalf of, or in Conjunction. with,. the City of Milton, provided such personal information is used only for authorized purposes; and, WHEREAS, it is the policy of the City of Milton that such Community Providers only have access to limited personal infor- nation, as defined herein., and in accord with this policy and any associated Memorandum of Understanding that may he entered with such Community Partners. Page 1 of 3 NOVA THEREFCIRE; SE .[T RESOLVED AS FOLLOWS: 1. 'Phat the representations, statements, and policy objectives in the above preamble are hereby restated verbatirn and made a part of the approvals in this Resolution;. ?. It is the policy of the City oI' MiIton that Community Partners providing services for or on behalf of the City of Milton may receive certain (Iitriited) personal information, particularly contact. information, in the possession of the City of Milton; 3. Any such limited personal information to be made available to the Community Partner shall be determined by the City of Milton on a case .by Lase basis, and limited to there existing a bona fide, public service reason for such information to be pro idcd to a C.ommunit�v .Panner; 4.. As a condition of receiving any personal information. from the City of Milton, Community Partner shall be required to sign a memorandum ofd understanding that. shall provide; at a minimum: a. Anr, personal information the Cornmunity Partner is authorized to receive; b. The bona ride governmental reason _justifying access to the personal information; c, The authorized purpose for which the personal information may be used by the Community Partner; d. Conditions under which the Community Parwer shall safeguard and protect.the personal infonnation and ensure no dissemination of same;. e. That the Community Partner shall use any personal information received from the City of Milton .0 , for the stated .authorized purposes in the MOU and in compliance with any and a]1 applicable law;. and, f. That if the Community Partner, or any officer, employee, or agent of the Community Partner uses such personal information in derogation of the NMOU, or allows the personal iixf:orrnation to be. released due to negligence or `lack of adherence to approved protocols, that the City of Milton shall have the immediate right to terminate the M.OLJ,. terminate its. relationshil-i with the Community Partner, and otherwise take whatever civil or criminal action is warranted and Justified under the facts leading to. such use or distribution. S. That, notwithstanding the public policy objectives of This Resolution, the City of Milton shall not share with a Community Partner information consisting of, .but not limited to, citizen and resident social security numbers, medical information, financial information, account passwords., and (WIC information. Page 2 of 3 SO RESOLVED, this _ day of T�. 201 S: ". Joe 1-.6cky 69(�Nnyor City of .M.114il Attest: Sudic Gordon. City Clerk Page 3 of 3 TO: FROM: I L ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 5, 2018 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Memorandum of Understanding between the City of Milton, Georgia and Crabapple Community Association, Inc. Related to Sharing of (limited) Personal Information. MEETING DATE: Monday, April 9, 2018 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 () NO CITY ATTORNEY REVIEW REQUIRED: ( KS () NO APPROVAL BY CITY ATTORNEY: ()'-APPROVED () NOT APPROVED PLACED ON AGENDA FOR: ',/('5 Ax 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoOcityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Courtney Spriggs, Community Outreach Manager Date: Submitted on April 5, 2018 for the April 9, 2018 Regular Council Meeting Agenda Item: Consideration of the Approval of a Memorandum of Understanding between Crabapple Community Association, Inc. and the City of Milton, Georgia Related to Sharing of (Limited) Personal Information. ______________________________________________________________________________ Department Recommendation: The recommendation is to approve the MOU as presented. Executive Summary: The City of Milton partners with Crabapple Community Association, Inc. for a variety of community events and festivals. Applications for festival vendors and sponsors are received from Milton residents that contain certain personal information, such as email address, phone number and physical address. The MOU presented to you for approval will allow the city to share the personal information, which is otherwise protected from the Open Records Act, with this community partner for the expressed purpose of communications about events and festivals. Funding and Fiscal Impact: None Alternatives: None identified Legal Review: Approved by Molly Esswein and Ken Jarrard on 3/30/18 Concurrent Review: Steven Krokoff, City Manager Attachment: MOU MEMORANDUM OF UNDERSTANDING BETWEEN CRABAPPLE COMMUNITY ASSOCIATION, INC. AND THE CITY OF MILTON, GEORGIA RELATED TO SHARING OF (LIMITED) PERSONAL INFORMATION WHEREAS, O.C.G.A. 50-18-71 provides that all public records shall be open for personal inspection and copying, except those which by order of a court of this state or by law are specifically exempt from disclosure; WHEREAS, O.C.G.A. 50-18-72(a)(20)(A) provides that public disclosure shall not be required for records that reveal certain personal information, including personal e-mail addresses; WHEREAS, O.C.G.A. 50-18-72(a)(20)(A) is mandatory in application, and prohibits the release of certain personal information to the general public; WHEREAS, the Open Records Act, however, anticipates that private providers may provide governmental (municipalized) services in lieu of such services being provided directly by the City of Milton; WHEREAS, in such situations, such private actors operate in association with (but not in partnership with) the City of Milton; WHEREAS, to that end, the City of Milton partners and coordinates with certain private entities ("Community Partners" or "Community Partner") in providing certain services to the City and its residents; WHEREAS, as noted above, these Community Partners provide services for or on behalf or in conjunction with the City of Milton; WHEREAS, a Community Partner, in providing services for or on behalf of the City of Milton, or in conjunction therewith, may require access to certain, limited in scope, personal information in order to provide such services; WHEREAS, pursuant to Resolution no. / -D "Resolution") adopted on March 5, 2018, it is the intent of the Milton City Council for Community Partners to receive certain (narrowly defined) personal information pertinent to any services provided for or on behalf of, or in conjunction with, the City of Milton, provided such personal information is used only for authorized purposes; WHEREAS, it is the policy of the City of Milton that such Community Providers only have access to limited personal information, as defined herein, and in accord with this policy and any associated Memorandum of Understanding that may be entered with such Community Partners; WHEREAS, Crabapple Community Association, Inc. is a Community Partner that assists the City in coordinating special events in the City of Milton, including, but not limited to Rock for Rescues; WHEREAS, the special events coordinated by Crabapple Community Association, Inc. directly advances the governmental objectives of the City of Milton and is a part of the City of Milton's delivery of certain community outreach services to its citizens; WHEREAS, Crabapple Community Association, Inc., in connection with its partnership with the City of Milton in coordinating community events, anticipates the receipt of certain personal inforniation of individuals, specifically vendors and sponsors of such community events, from the City of Milton to assist in communicating with any vendors and sponsors and for the promotion of community events; and WHEREAS, Crabapple Community Association, Inc. agrees to be responsible for its receipt of any personal information provided by the City of Milton as set forth and anticipated in the Resolution. BASED UPON THE ABOVE PREAMBLE WHICH IS A MATERIAL PART 0 THIS MEMORANDUM, AND FOR OTHER GOOD AND VALUABL CONSIDERATION HAVING BEEN EXCHANGED, THE RECEIPT AN SUFFICIENCY OF WHICH ARE ,t BY THE SIGNATURES BELO CRABAPPLE COMMUNITY ASSOCIATION, INC. AND THE CITY OF MILTO', AGREE TO THE FOLLOWING; 1. The Resolution, Exhibit A, is hereby ratified and re -approved and the terms, language, duties and obligations thereunder are incorporated herein and made a binding part of this Memorandum of Understanding; 2. In connection with its partnership with the City of Milton, and because of the services provided by Crabapple Community Association, Inc. related to community events in the City of Milton, Crabapple Community Association, Inc. is authorized to receive from the City vendor and sponsor information related to any community events in which Crabapple Community Association, Inc. is acting for or on behalf of, or in conjunction with, the City of Milton. Vendor and sponsor information to be shared with Crabapple Community Association, Inc. includes company names, contact persons, street and/or mailing addresses, phone numbers, and email addresses; 3. Crabapple Community Association, Inc. may use such personal information provided by the City of Milton only in connection with its coordination of any community events in the City of Milton; 4. Crabapple Community Association, Inc. agrees that it shall safeguard and protect the personal information and ensure no dissemination of same; 5. Crabapple Community Association, Inc. agrees that it shall use any personal information received from the City of Milton only for the above -stated authorized purpose and in compliance with any and all applicable law; and 6. That if the Crabapple Community Association, Inc., or any officer, employee, or agent of Crabapple Community Association, Inc., uses such personal information in derogation of this Memorandum of Understanding, or allows the personal information to be released due to negligence or lack of adherence to approved protocols, that the City of Milton shall have the immediate right to terminate the Memorandum of Understanding, terminate its relationship with the Crabapple Community Association, Inc., and otherwise take whatever civil or criminal action is warranted and justified under the facts leading to such use or distribution. 7. Amendments: This Memorandum of Understanding represents the entire agreement between the parties. An amendment can be added to this agreement if it is presented in writing and signed by both parties. 8. Term and Termination: This Memorandum of Understanding is effective as dated below and shall remain in effect unless terminated by one of the parties. Either party may terminate this Memorandum of Understanding for convenience by providing written notice of such termination to the other party. Upon termination, Crabapple Community Association, Inc. shall be required to return any personal information it has received to the City of Milton and will take any and all necessary steps to remove such personal information from its records. SO AGREED, this • rctday of -Ay-, I , 2018. City of Milton nALInc, abappl Community Association, Inc. Seal C1` ii.1 Y II\ � STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 18-03-468 RESOLUTION AND POLICY OF THE CITY OF MILTON AUTHORIZING CERTAIN COMMUNITY PARTNERS TO RECEIVE (LIMITED) PERSONAL INFORMATION FOR AUTHORIZED PURPOSES WHEREAS, O.C.G.A. 50-18-71 provides that all public records shall be open for personal inspection and copying, except those which by order of a court of this state or by law are specifically exempt from disclosure; WHEREAS, O.C.G.A. 50-18-72(a)(20)(A) provides that public disclosure shall not be required for records that reveal certain personal information, including personal e-mail addresses; WHEREAS, O.C.G.A. 50-18-72(a)(20)(A) is mandatory in application, and prohibits the release of certain personal information to the general public; WHEREAS, the Open Records Act, however, anticipates that private providers may provide governmental (municipalized) services in lieu of such services being provided directly by the City of Milton; WHEREAS, in such situations, such private actors operate in association with the City of Milton; WHEREAS, to that end, the City of Milton partners and coordinates with certain private entities ("Community Partners" or "Community Partner") in providing certain services to the City and its residents; WHEREAS, as noted above, these Community Partners provide services for or on behalf or in conjunction with the City of Milton; WHEREAS, a Community Partner, in providing services for or on behalf of the City of Milton, or in conjunction therewith, may require access to certain, limited in scope, personal information in order to provide such services; WHEREAS, it is the intent of the Milton City Council for Community Partners to receive certain (narrowly defined) personal information pertinent to any services provided for or on behalf of, or in conjunction with, the City of Milton, provided such personal information is used only for authorized purposes; and, WHEREAS, it is the policy of the City of Milton that such Community Providers only have access to limited personal information, as defined herein, and in accord with this policy and any associated Memorandum of Understanding that may be entered with such Community Partners. Page 1 of 3 1 NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: I . That the representations, statements, and policy objectives in the above preamble are hereby restated verbatim and made a part of the approvals in this Resolution; 2. It is the policy of the City of Milton that Community Partners providing services for or on behalf of the City of Milton may receive certain (limited) personal information, particularly contact information, in the possession of the City of Milton; 3. Any such limited personal information to be made available to the Community Partner shall be determined by the City of Milton on a case by case basis, and limited to there existing a bona fide, public service reason for such information to be provided to a Community Partner; 4. As a condition of receiving any personal information from the City of Milton, Community Partner shall be required to sign a memorandum of understanding ("MOU") that shall provide, at a minimum: a. Any personal information the Community Partner is authorized to receive; b. The bona fide governmental reason justifying access to the personal information; c. The authorized purpose for which the personal information may be used by the Community Partner; d. Conditions under which the Community Partner shall safeguard and protect the personal information and ensure no dissemination of same; e. That the Community Partner shall use any personal information received from the City of Milton qnly for the stated authorized purposes in the MOU and in compliance with any and all applicable law; and, f. That if the Community Partner, or any officer, employee, or agent of the Community Partner uses such personal information in derogation of the MOU, or allows the personal information to be released due to negligence or lack of adherence to approved protocols, that the City of Milton shall have the immediate right to terminate the MOU, terminate its relationship with the Community Partner, and otherwise take whatever civil or criminal action is warranted and justified under the facts leading to such use or distribution. 5. That, notwithstanding the public policy objectives of this Resolution, the City of Milton shall not share with a Community Partner information consisting of, but not limited to, citizen and resident social security numbers, medical information, financial information, account passwords, and GCIC information. Page 2 of 3 1 1 1 SO RESOLVED, this 5 r day of vG' ` '2018. Attest: Sudie Gordon, City Clerk Joe L&46 ,Mayor City of Mil n Page 3 of 3 TO: FROM: MILTON"' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 2, 2018 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Memorandum of Understanding between the City of Milton, Georgia and Vox Artium Foundation, Inc. Related to Sharing of (limited) Personal Information. MEETING DATE: Monday, April 9, 2018 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: (q-'�E'S (J NO CITY ATTORNEY REVIEW REQUIRED: (,�-<ES (J NO APPROVAL BY CITY ATTORNEY: (J APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: q.q.IS 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: Courtney Spriggs, Community Outreach Manager Date: Submitted on April 5, 2018 for the April 9, 2018 Regular Council Meeting Agenda Item: Consideration of the Approval of a Memorandum of Understanding between Vox Artium Foundation, Inc. and the City of Milton, Georgia Related to Sharing of (Limited) Personal Information. ______________________________________________________________________________ Department Recommendation: The recommendation is to approve the MOU as presented. Executive Summary: The City of Milton partners with Vox Artium Foundation, Inc. for the Rock For Rescues festival. Applications for festival vendors and sponsors are received from Milton residents that contain certain personal information, such as email address, phone number and physical address. The MOU presented to you for approval will allow the city to share the personal information, which is otherwise protected from the Open Records Act, with this community partner for the expressed purpose of communications about events and festivals. Funding and Fiscal Impact: None Alternatives: None identified Legal Review: Approved by Molly Esswein and Ken Jarrard on 3/30/18 Concurrent Review: Steven Krokoff, City Manager Attachment: MOU MEMORANDUM OF UNDERSTANDING BETWEEN VOX ARTIUM FOUNDATION, INC. AND THE CITY OF MILTON, GEORGIA RELATED TO SHARING OF (LIMITED) PERSONAL INFORMATION WHEREAS, O.C.G.A. 50-18-71 provides that all public records shall be open for personal inspection and copying, except those which by order of a court of this state or by law are specifically exempt from disclosure; WHEREAS, O.C.G.A. 50-18-72(a)(20)(A) provides that public disclosure shall not be required for records that reveal certain personal information, including personal e-mail addresses; WHEREAS, O.C.G.A. 50-18-72(a)(20)(A) is mandatory in application, and prohibits the release of certain personal information to the general public; WHEREAS, the Open Records Act, however, anticipates that private providers may provide governmental (municipalized) services in lieu of such services being provided directly by the City of Milton; WHEREAS, in such situations, such private actors operate in association with (but not in partnership with) the City of Milton; WHEREAS, to that end, the City of Milton partners and coordinates with certain private entities (“Community Partners” or “Community Partner”) in providing certain services to the City and its residents; WHEREAS, as noted above, these Community Partners provide services for or on behalf or in conjunction with the City of Milton; WHEREAS, a Community Partner, in providing services for or on behalf of the City of Milton, or in conjunction therewith, may require access to certain, limited in scope, personal information in order to provide such services; WHEREAS, pursuant to Resolution No. 18-03-468 (“Resolution”) adopted on March 5, 2018, it is the intent of the Milton City Council for Community Partners to receive certain (narrowly defined) personal information pertinent to any services provided for or on behalf of, or in conjunction with, the City of Milton, provided such personal information is used only for authorized purposes; WHEREAS, it is the policy of the City of Milton that such Community Providers only have access to limited personal information, as defined herein, and in accord with this policy and any associated Memorandum of Understanding that may be entered with such Community Partners; WHEREAS, Vox Artium Foundation, Inc. is a Community Partner that assists the City in coordinating special events in the City of Milton, including, but not limited to Rock for Rescues; WHEREAS, the special events coordinated by Vox Artium Foundation, Inc. directly advances the governmental objectives of the City of Milton and is a part of the City of Milton’s delivery of certain community outreach services to its citizens; WHEREAS, Vox Artium Foundation, Inc., in connection with its partnership with the City of Milton in coordinating community events, anticipates the receipt of certain personal information of individuals, specifically vendors and sponsors of such community events, from the City of Milton to assist in communicating with any vendors and sponsors and for the promotion of community events; and WHEREAS, Vox Artium Foundation, Inc. agrees to be responsible for its receipt of any personal information provided by the City of Milton as set forth and anticipated in the Resolution. BASED UPON THE ABOVE PREAMBLE WHICH IS A MATERIAL PART OF THIS MEMORANDUM, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION HAVING BEEN EXCHANGED, THE RECEIPT AND SUFFICIENCY OF WHICH ARE ACKNOWLEGED BY THE SIGNATURES BELOW, VOX ARTIUM FOUNDATION, INC. AND THE CITY OF MILTON AGREE TO THE FOLLOWING; 1. The Resolution, Exhibit A, is hereby ratified and re-approved and the terms, language, duties and obligations thereunder are incorporated herein and made a binding part of this Memorandum of Understanding; 2. In connection with its partnership with the City of Milton, and because of the services provided by Vox Artium Foundation, Inc. related to community events in the City of Milton, Vox Artium Foundation, Inc. is authorized to receive from the City vendor and sponsor information related to any community events in which Vox Artium Foundation, Inc. is acting for or on behalf of, or in conjunction with, the City of Milton. Vendor and sponsor information to be shared with Vox Artium Foundation, Inc. includes company names, contact persons, street and/or mailing addresses, phone numbers, and email addresses; 3. Vox Artium Foundation, Inc. may use such personal information provided by the City of Milton only in connection with its coordination of any community events, including Rock for Rescues, in the City of Milton; 4. Vox Artium Foundation, Inc. agrees that it shall safeguard and protect the personal information and ensure no dissemination of same; 5. Vox Artium Foundation, Inc. agrees that it shall use any personal information received from the City of Milton only for the above-stated authorized purpose and in compliance with any and all applicable law; and 6. That if the Vox Artium Foundation, Inc., or any officer, employee, or agent of Vox Artium Foundation, Inc., uses such personal information in derogation of this Memorandum of Understanding, or allows the personal information to be released due to negligence or lack of adherence to approved protocols, that the City of Milton shall have the immediate right to terminate the Memorandum of Understanding, terminate its relationship with the Vox Artium Foundation, Inc., and otherwise take whatever civil or criminal action is warranted and justified under the facts leading to such use or distribution. 7. Amendments: This Memorandum of Understanding represents the entire agreement between the parties. An amendment can be added to this agreement if it is presented in writing and signed by both parties. 8. Term and Termination: This Memorandum of Understanding is effective as dated below and shall remain in effect unless terminated by one of the parties. Either party may terminate this Memorandum of Understanding for convenience by providing written notice of such termination to the other party. Upon termination, Vox Artium Foundation, Inc. shall be required to return any personal information it has received to the City of Milton and will take any and all necessary steps to remove such personal information from its records. SO AGREED, this 9th day of April, 2018. __________________________________ __________________________________ City of Milton Vox Artium Foundation, Inc. Seal Seal EXHIBIT A THE RESOLUTION STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 18-03-468 RESOLUTION AND POLICY OF THE CITY OF MILTON AUTHORIZING CERTAIN COMMUNITY PARTNERS TO RECEIVE (LIMITED) PERSONAL INFORMATION FOR AUTHORIZED PURPOSES WHEREAS, O.C.G.A. 50-18-71 provides that all public records shall be open for personal inspection and copying, except those which by order of a court of this state or by law are specifically exempt from disclosure; WHEREAS, O.C.G.A. 50-18-72(a)(20)(A) provides that public disclosure shall not be required for records that reveal certain personal information, including personal e-mail addresses; WHEREAS, O.C.G.A. 50-18-72(a)(20)(A) is mandatory in application, and prohibits the release of certain personal information to the general public; WHEREAS, the Open Records Act, however, anticipates that private providers may provide governmental (municipalized) services in lieu of such services being provided directly by the City of Milton; WHEREAS, in such situations, such private actors operate in association with the City of Milton; WHEREAS, to that end, the City of Milton partners and coordinates with certain private entities ("Community Partners" or "Community Partner") in providing certain services to the City and its residents; WHEREAS, as noted above, these Community Partners provide services for or on behalf or in conjunction with the City of Milton; WHEREAS, a Community Partner, in providing services for or on behalf of the City of Milton, or in conjunction therewith, may require access to certain, limited in scope, personal information in order to provide such services; WHEREAS, it is the intent of the Milton City Council for Community Partners to receive certain (narrowly defined) personal information pertinent to any services provided for or on behalf of, or in conjunction with, the City of Milton, provided such personal information is used only for authorized purposes; and, WHEREAS, it is the policy of the City of Milton that such Community Providers only have access to limited personal information, as defined herein, and in accord with this policy and any associated Memorandum of Understanding that may be entered with such Community Partners. Page 1 of 3 1 NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: I . That the representations, statements, and policy objectives in the above preamble are hereby restated verbatim and made a part of the approvals in this Resolution; 2. It is the policy of the City of Milton that Community Partners providing services for or on behalf of the City of Milton may receive certain (limited) personal information, particularly contact information, in the possession of the City of Milton; 3. Any such limited personal information to be made available to the Community Partner shall be determined by the City of Milton on a case by case basis, and limited to there existing a bona fide, public service reason for such information to be provided to a Community Partner; 4. As a condition of receiving any personal information from the City of Milton, Community Partner shall be required to sign a memorandum of understanding ("MOU") that shall provide, at a minimum: a. Any personal information the Community Partner is authorized to receive; b. The bona fide governmental reason justifying access to the personal information; c. The authorized purpose for which the personal information may be used by the Community Partner; d. Conditions under which the Community Partner shall safeguard and protect the personal information and ensure no dissemination of same; e. That the Community Partner shall use any personal information received from the City of Milton qnly for the stated authorized purposes in the MOU and in compliance with any and all applicable law; and, f. That if the Community Partner, or any officer, employee, or agent of the Community Partner uses such personal information in derogation of the MOU, or allows the personal information to be released due to negligence or lack of adherence to approved protocols, that the City of Milton shall have the immediate right to terminate the MOU, terminate its relationship with the Community Partner, and otherwise take whatever civil or criminal action is warranted and justified under the facts leading to such use or distribution. 5. That, notwithstanding the public policy objectives of this Resolution, the City of Milton shall not share with a Community Partner information consisting of, but not limited to, citizen and resident social security numbers, medical information, financial information, account passwords, and GCIC information. Page 2 of 3 1 1 1 SO RESOLVED, this 5 r day of vG' ` '2018. Attest: Sudie Gordon, City Clerk Joe L&46 ,Mayor City of Mil n Page 3 of 3 TO: FROM: MILTONt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 2, 2018 Steven Krokoff, City Manager AGENDA ITEM: Approval of Change Order # 1 to an Agreement between the City of Milton and Tri Scapes, Inc. to Provide Facility Landscaping Services, Sport Field Maintenance and Maintenance of Bell Memorial and Providence Parks. MEETING DATE: Monday, April 9, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 0 APPROVED () NOT APPRO CITY ATTORNEY APPROVAL REQUIRED: (J YES (J NO CITY ATTORNEY REVIEW REQUIRED: (J YES (J NO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 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: Jim Cregge, Director of Parks and Recreation Date: Submitted on 04/04/2018 for the 04/09/2018 Regular Council Meeting Agenda Item: Approval of Change Order #1 to an Agreement between the City of Milton and Tri Scapes, Inc. to Provide Facility Landscaping Services, Sport Field Maintenance and Maintenance of Bell Memorial and Providence Parks _____________________________________________________________________________________ Project Description: On December 19, 2016, the Mayor and Council approved a contract with Tri Scapes, Inc. for maintenance at our IGA fields and our parks as well as facility landscaping services. Since that date, we have acquired the Milton Country Club and we have seen the actual usage of trash and bathroom consumables. The additional services of landscaping of the Milton Country Club is exempted from competitive selection under the brand name purchases exception in Section 2-626(b)(6), by virtue of the operational effectiveness of having one vendor provide all of the City’s landscaping services. This change order will make three changes to the existing contract. The first change increases the contracted work by $72,000. This change provides for the maintenance of the 139+ acres at the Milton Country Club. The second change increases the contract cap from $300,000 to $550,000. This provides the ability to use Tri Scapes, Inc. for work related to the contract but not specifically identified in the scope of services provided that the work that has been budgeted and funded. The final change moves the costs for garbage bags and doggie pot stations, as well as the consumables for bathroom maintenance at Bell Memorial Park to a pass thru cost to the City. This change will result in a reduction of the total contract price of $3,200 as a credit for the supplies which Tri Scapes previously was providing under the contract. The net Page 2 of 2 difference in the contract is $68,800, moving the contact value from $238,615.77 to $307,415.77. Procurement Summary: Purchasing method used: Contract Addendum Account Number: 100-6110-522240003 Requisition Total: $68,800 Vendor DBA: Tri Scapes, Inc. Other quotes or bids submitted (vendor/$): NA Financial Review: Bernadette Harvill, April 4, 2018 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, April 4, 2018 Attachment(s): 1) Change Order #1 to an Agreement between the City of Milton and Tri Scapes, Inc. to Provide Facility Landscaping Services, Sport Field Maintenance and Maintenance of Bell Memorial and Providence Parks 1 CHANGE ORDER #1 FOR FACILITIES LANDSCAPING, SPORT FIELD MAINTENANCE AND PARK AND FIELD MAINTENANCE AGREEMENT WHEREAS, the City of Milton, Georgia and Tri Scapes, Inc., have entered into a Maintenance Agreement (the “Agreement”) dated December 19, 2016, incorporated herein by reference; and WHEREAS, the City desires to add landscaping for the Milton County Club as an additional service; and WHEREAS, pursuant to Section 2-626(b)(6) of the City’s Purchasing Policy, the City has selected Tri Scapes, Inc. as a “brand name” provider of this service due to the operational effectiveness of combining the additional service with Tri Scapes’ current landscaping services for the City; NOW THEREFORE, the parties agree to amend the Agreement as follows: 1. To reflect additional work at the Milton County Club and a $3,200 reduction in the existing lump sum price to reflect the City’s assumption of the cost of bathroom consumables, Section III.A is amended by replacing the first sentence with the following: “The total amount paid to Contractor in any Term shall be the lump sum price of $307,415.77 (comprising the lump sum price of $72,000 for work at the Milton County Club plus the adjusted lump sum price of $235,415.77 for sports field maintenance, park and field maintenance, and landscaping), the sum of all pass-through costs authorized in writing by City, and the sum of all hours worked, materials used, and supplemental costs incurred in performing all approved Supplemental Work Orders at the unit prices set forth in Exhibit “B”. The effective date of this price change will be the effective date of this Change Order, with pricing for the Term beginning October 1, 2017, prorated accordingly. 2. Section III.B is amended by replacing the text for Maximum Contract Price of “$300,000.00” with “$550,000.00”. 3. Exhibit A, Contract D Section A 5 to the Agreement is hereby amended by deleting the following “… plastic bags for the garbage cans and doggie pot stations, cleaning solvents …”. Also the following sentence is added to the same section: “Consumable materials required to maintain the bathrooms, all garbage cans, and the doggie pot stations will be billed to the City at the cost of the materials with costs included in monthly invoices submitted to the City, all subject to the limit of the Maximum Contract Price. This includes trash bags, toilet paper, hand towels, soap, air freshener, sun tan lotion, and cleaning solvents and products.” 4. Exhibit A, Contract B Section A is amended by adding the following Scope of Work: Table B.1 is amended by adding as Facility #15 the “Milton Country Club,” location 1785 Dinsmore Road, size 139 acres. 2 5. Exhibit A, Contract B is amended by adding a new Section M containing the following Scope of Work: Special Requirements for Milton Country Club: At the Milton Country Club, there will be three phases of service for three separate areas. Area 1 shall be the immediate area around the clubhouse, pool, tennis, entrance and including #18 green. These areas will be maintained as described in Sections A through I above. Weekly service. This area is part of Tract 1 on the map attached hereto as Exhibit “A-1”. Area 2 shall be the current golf course areas adjacent to residences and included on Tract 1 on the map attached hereto as Exhibit “A-1” and will be mowed on a "no more than", 10- day rotation. Includes trash removal and limb or debris removal. Area 3 will be golf course areas in Tract 2 and 3 on the map attached as Exhibit “A-1”. These Areas will be bush hogged at a height of 12" on an "every other month" basis. Limbs, trash and debris will be removed. 6. Exhibit A, Contract B is amended by adding as a new Exhibit “A-1” the map attached hereto as Exhibit “A-1”. 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] 3 CONTRACTOR: TRI SCAPES, INC. By: ________________________________________ Print Name: _________________________________ Its: President/Vice President (Corporation) Date: _________________________________ [CORPORATE SEAL] Attest/Witness: ____________________________________________ Print Name: ___________________________________ Its: ______________________________________ ((Assistant) Corporate Secretary if corporation) CITY OF MILTON, GEORGIA By: ___________________________________ Joe Lockwood, Mayor [CITY SEAL] Date: _________________________________ Attest: ____________________________________ Print Name: Sudie Gordon Its: City Clerk Approved as to form: ____________________________________ City Attorney 4 Exhibit A-1 TO: FROM: MILTON "it ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 3, 2018 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Contract Agreement between the City of Milton and Dynamo Pool Management, Inc. for Pool Management Services at the Milton Country Club MEETING DATE: Monday, April 9, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: K APPROVED (J NOT APPROVE CITY ATTORNEY APPROVAL REQUIRED: () YES () NO CITY ATTORNEY REVIEW REQUIRED: () YES () NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 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: Jim Cregge, Director Parks and Recreation Date: April 3. 2018 for the April 9, 2018 Regular City Council Meeting Agenda Item: Approval of a Contract Agreement between the City of Milton and Dynamo Pool Management, Inc. for Pool Management Services at the Milton Country Club _____________________________________________________________________________________ Project Description: Through competitive bidding of five different pool management companies, Dynamo Pool Management, Inc. has been selected to provide services at the Milton Country Club for one year. Those services include opening the pool, staffing the pool and winterizing the pool at the end of the season. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 100-6110-523850004 Requisition Total: $45,450 (FY18) & $2,600 (FY19) Vendor DBA: Dynamo Pool Management, Inc. Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Sweetwater Pool Mgmt $52,745.50 Swim Atlanta Pool Mgmt $54,592.50 Sears Pool Management (No Bid) AMS Pool Management (Unqualified Response) Financial Review: Bernadette Harvill, April 3, 2018 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, March 30, 2018 Attachment(s): Contract with Dynamo Pool Management 19 Shallowford Road, Chamblee, GA 30341 770.458.9422 #11 SWIMMING POOL MANAGEMENT AGREEMENT CITY OF MILTON April 15, 2018— April 14, 2019 This agreement by and between DYNAMO POOL MANAGEMENT, INC. (the "Company") and CITY OF MILTON (the "Customer") is to provide for the operation and management by the Company of the Customer's pool located at 1785 Dinsmore Road, Milton, Georgia in accordance with the specifications, conditions and terms set forth herein. EFFECTIVE DATE: This agreement, when executed by both parties hereto, shall become effective on the date both parties sign the contract, for the upcoming swim (summer) season and the following off season (fall — winter — spring). 2. PROPOSAL EXPIRATION OPTION: This contract is void able at the Company's; option if not executed by the Customer and returned to the Company by May 1, 2018. 3. ACCESS AND UTILITIES: The pool is described in Exhibit A, attached hereto and incorporated herein by reference. The Customer will permit and maintain free access to the pool site and, upon signing Agreement, Customer will provide (4) sets of keys to the Company to open any and all locks required to operate the pool. Company shall keep and safeguard keys and release keys only to authorized personnel. Keys shall be returned to Customer in the event of termination of this Agreement. Customer further agrees to furnish without cost to Company: 1'. Water 2. Electricity 3. 110 volt electrical outlet in pump room 4. Garbage pickup service 5. Appropriate number of lifeguard stands and umbrellas for the stands 6. Telephone (pay telephone acceptable) 7. Secured storage space for equipment and/or supplies TELEPHONE: Customer shall be responsible for providing an operational telephone accessible to the Company's lifeguards at the pool site. For safety reasons, the pool will only be open when the telephone is operational. OPENING: Company agrees to make both pools useable by completing the following services, where applicable: 1. The Company will remove and store the customer's pool cover 2 Vacuum pool 3. Inspect chemical feeders 4. Inspect all filter equipment 5. Inspect flow meters, pressure gauges and valves 6. Inspect diving boards, guard chairs and ladders 7. Inspect underwater lights 8. Set up and clean pool furniture 9. Clean bathrooms 10. Order, store and inject all necessary chemicals to establish proper levels for: • Free chlorine • Total alkalinity • pH • Calcium hardness • Cyanuric acid 11. Start up equipment 12. Perform prerequisite repair work as needed and authorized by Customer (see "Repair Work") 6. PERMIT: The Company will assist the Customer in obtaining a Swimming Pool Operating Permit from the local Health Department. The Company shall: • Clean and chemically balance pools according to Health Department standards • Make necessary repairs and provide parts under the terms of "repair work" section of this agreement. • Schedule pre -season Health Department inspection and meet the county Health Department inspector at Customer's pool to walk through the inspection with the Health Department inspector prior to scheduled pool opening. The Customer shall be responsible for: • Completing the operating permit application and returning it to the Health Department with the permit fee. The Company will obtain the application and advise and assist Customer regarding the application. 7. INITIAL OPENING: Customer agrees pool will be clean and free of algae on the day the contract is executed (or on the day the Company pulls the cover/takes over control of the pool) if the Company is not used for "off season service". If the pool is not free of algae, Customer agrees to pay reasonable additional charges for cleanup and chemical treatment of pool. 8. POOL OPERATION: Company agrees to furnish certified lifeguards to operate the pools on the following schedule: Dates of Operation: May 14, 2018 Pool will be swim ready. With the City's permission, swim teams will start practicing on this date but the pool will not be open to the general public. May 26, 2018 — Pool will open to the general public for the season September 4, 2018 — Pool will close for the season Hours of Operation: The pool will be open during the following hours: May 26 - August 5 Daily 11 am 8 pm (3 lifeguards on duty) August 6 — September 3 Monday — Friday 4 pm 8 pm (3 lifeguards on duty) Saturday & Sunday 11 am — 8 pm (3 lifeguards on duty) Monday, Sept. 3rd 11 am — 8 pm (31ifeguards on duty) 2 Customer may change the time of the overlap as needed. At Customer's request, or in the Company's reasonable discretion if conditions warrant, the number of lifeguards on duty may be reduced temporarily based on the number of members using the Customer's facility; but in no event may such reduction leave an insufficient number of lifeguards to safely supervise the facility. Customer shall receive an invoice credit for the worker hours saved due to temporary staffing reductions, based on the following hourly rates: trained, certified lifeguards: $16.50; desk attendants: $10.50. The lifeguard shifts may be split up differently (for scheduling purposes) but the coverage will remain the same (the times where multiple lifeguards are needed will not be affected). The Customer may change the hours of operation (with at least two weeks written notification to the Company) at no charge as long as the hours per week remains the same and the Company has lifeguards available for those hours. Company recommends that supervision by certified personnel be required for any use of the pool. 9. BREAK: If two life guards are on duty, the life guards will take breaks independently such that there is continuous guard coverage. If only one life guard is stationed at the facility, once every hour (15 minutes before the hour) the pool will be cleared of all swimmers (younger than 18 years old) for a period of fifteen minutes. During this break, the lifeguard will not be on duty and neither the lifeguard nor the Company shall be responsible for people using the pool during this break. 10. CLEANING: Lifeguards may work before and after regular pool hours on cleaning and maintenance if necessary. 11. VANDALISM: Additional reasonable charges for cleanup required as the result of vandalism shall be paid by the Customer to the Company. 12. SUPERVISION: Company Supervisors will inspect the pool at least three times a week (announced and unannounced visits) during the full-time operation of the pool. Additional inspections and/or visits to the pool will be made by Company's management personnel as needed. Company will maintain daily telephone contact with the lifeguards to ensure proper operations are being conducted. 13. ADDITIONAL LIFEGUARDS: The Company will provide lifeguards for special events, after-hours parties, and extra hours of operation at the request of the Customer and/or its members and subject to the following: • For parties or special events, the Customer and its members are not required to use Company lifeguards; however, Customer and its members assumes full responsibility and liability for the pool in the event any individuals are within the pool area when the Company lifeguards are not scheduled to work. • For parties or special events (during regular hours or after hours), for which the Company is to provide lifeguards, the Customer and/or its members are responsible for giving the Company fourteen (14) days prior written notice as to: • The time and date of the party • The number of people who are scheduled to attend • The general age group of the people scheduled to attend • Whether alcoholic beverages will be permitted at the party • Any special admission instructions * For a party that is scheduled during the regular pool hours and will have more than 15 swimmers attending an additional lifeguard must be scheduled. • One additional lifeguard shall be required for any teenage party, college age party or for any party involving alcoholic beverages. Customer agrees to provide one adult chaperone for each ten (10) people at a teenage or college age party. • Billing shall include any time spent cleaning up after use by any special group or party. • Customer's Members must complete Party Reservation Form via the Company website at www.dynamopoolmanagement.com. • If the Customer is the group requesting additional lifeguards, they need to notify the Company (14) days prior to the event via email: michelle(d)dynamopm.com and phone 770-458-9422 #11. The Customer does not have to complete the items "on line" as the Customer's members are required to. Life -guard requirements: - for 1-20 guests: 1 lifeguard - for 41-60 guests: 3 lifeguards - for 21-40 guests: 2 lifeguards - for 61-80 guests: 4 lifeguards $25.00/hour for each lifeguard required: — lifeguard hours x $25.00 = An additional lifeguard is required for any party involving teenagers, college-age individuals, or alcohol. No lifeguards will be scheduled past 12:00 midnight The charges are as follows: Full payment is payable to Dynamo Pool Management, Inc. and due at the time of reserving the event along with the reservation form and the indemnification form. Reservations and payment for extra lifeguards is completed via the web site: www.dynamopoolmanagement.com Once Dynamo receives this form, you will be notified with a confirmation (based on lifeguard availability). If the Customer is requesting lifeguards, the fee for the request will be added to the next scheduled invoice. If the party runs past the scheduled end time by more than a 1/2hour- you will be responsible for paying $50.00 due within two days after the party. • Cancellation Policy – If notification is received less than 48 hours prior to the event, then 20% of total fees will be refunded. Notification needs to be received by phone at 770-458-9422 ext. 11 and by email: michelle(a)dynamopm.com. • The Company will notify the Customer's contact when the Company receives a party request 14. RAIN DAYS: At times when weather is unsuitable for swimming and when lifeguards are scheduled, the Company will keep one (1) lifeguard at the pool until one hour before pool closing time. At this time, if the weather is still unsuitable for swimming, the pool will be closed for the day (once all of the daily responsibilities have been completed and a Customer representative has been notified). Company shall have the right to close the pool early in the event of severe weather with no refund due to the Customer. 11 15. MINIMUM SAFETY STANDARDS: Customer agrees and acknowledges that it is Customer's responsibility and duty to furnish Customer's pool within the established minimum safety standards. The National Spa and Pool Institute "Minimum Standards for Public Pools," the National Electric Code, and any and all local health and building codes shall be used as minimum standards for safety herein. The NSPI "Minimum Standards for Public Pools" may be obtained from NSPI, 2111 Eisenhower Avenue, Alexandria, Virginia 22314; the National Electric Code is available from the National Fire Protection Association, 1 Batterymarch Park, POB 9101, Quincy, Massachusetts 02269-9101; and local health codes are available from the county environmental health department. The Company may bring the Customer's pool into compliance with minimum standards in the following areas (at the Customer's request): • Tile depth markings at water line and safety warnings on pool deck • Safety equipment: ring buoy(s), shepherd's hook(s), first aid kit, safety rope, rescue tube, cervical collar, spine board • GFI circuit breakers for underwater pool lights Payment for work and equipment to bring Customer's pool within minimum standards on the above items shall be the responsibility of the Customer, payable to the Company. Company shall have the right to cancel this Agreement if Customer elects not to have pool brought up to minimum standards as defined above. 16, WADING POOL: The supervision and safeguarding of users of the wading pool shall be the responsibility of the parents of the children using the wading pool. Company agrees to maintain cleanliness of wading pool and wading pool area and where applicable, to maintain water chemistry. Company, however, shall not be responsible for any injury or loss resulting from use of the wading pool except to the extent such claims arise from the gross negligence of Company or failure by Company to perform its obligations under this agreement. The foregoing paragraph shall be deemed a release by the Customer as opposed to an agreement on the part of Customer to indemnify. 17. CLOSING: The pools will be considered closed to swimmers on September 4, 2018 and the Company will close the pools as soon after that date as Company deems possible. The Company will complete the following services, where applicable for both pools: a. Adjust pool water to correct level b. Drain pumps and hair/lint strainer c. Backwash and drain filter tanks d. Open all valves to appropriate settings e. Store Customer's deck furniture at Customer's pool f. Remove and store skimmer parts g. Remove and store all movable ladders, lifeguard chairs and diving boards when required for closing pool h. Clean chemical feeders i. Drain and store hoses j. Lubricate filter system valves k. Add winterization chemicals to pool (if Customer contracting for winter service) 1. Prepare pool and pool -plumbing lines for freeze protection; Company agrees to use common and accepted winterization techniques. m. The Company will install the Customer's pool cover when applicable 5 Additional costs may be incurred by the Customer for additional extreme, unexpected services with payment payable to the Company. If so, prior written approval from the Customer is needed before services will be completed. 18. PERSONNEL: All personnel who will work at the Customer's pool in fulfilling the terms of this Agreement, including all lifeguards, shall be employed solely by the Company and be employees of the Company. No lifeguard shall be engaged by the Company as an "Independent Contractor" to fulfill the terms of this Agreement. a. The Company agrees to pay the following for Company's employees, including all lifeguards: • Wages • income tax withholdings • Social Security withholdings • State unemployment insurance • Federal unemployment insurance • Workmen's compensation insurance b. Personnel will be trained by the Company. c. All lifeguards employed by the Company shall have American Red Cross Lifeguard Training Certificates, or the equivalent, as well as Infant/Child CPR and Adult CPR and first aid. d. Company will assign a head guard for the Customer's facility e. Personnel shall have the authority to discipline swimmers and any and all other persons within the pool facility within their best judgment and sole discretion consistent with the published and posted rules of the Customer and minimum safety standards as established herein. Acceptable discipline consists of respectful verbal reprimands and warnings, and if necessary, orders to leave the pool. f. Personnel will be supervised by Company management personnel. g. Whereas, Company will invest substantial resources to train and convey information concerning operational techniques and management procedures to its employees at Customer's facility and Customer acknowledges that such information and investment is a valuable asset of Company's business, Customer agrees not to hire or consult (without the prior written consent of Company) any employee or former employee of the Company for a period of one year from the date of expiration or cancellation of this agreement. h. Personnel will be responsible for the following duties: • Lifeguarding main pool (from the lifeguard stands) • Checking water chemistry and recording readings every two (2) hours • Maintaining chemical balance of pool water • Vacuuming pool (daily or as needed) • Cleaning tiles around pool edge (weekly) • Backwashing filter system • Cleaning bathhouse daily and throughout each day • Cleaning swimming pool area • Emptying trash, replacing liners and picking up trash on the pool deck (daily) • Straightening deck furniture (daily) • Replenishing janitorial supplies in bathhouse • Enforcing rules of the Customer for safety and convenience of Customer's members • Assisting Customer in collecting guest fees and monitoring membership • Maintain mechanical equipment in pump room • Lock and secure facility upon closing which includes turning off the bathroom lights • Report all disciplinary actions and medical incidents to the Customer 0 Maintaining chemical logbook, lifeguard checklist book, emergency action plan book (emergency policies, weather polices, incident report forms, etc) and general logbook. Customer will have access to these logbooks. Compile at the end of each month a monthly overview of operations for that month, which is to be discussed with Customer. The Customer may receive copies of all logbooks on a monthly basis (if so requested). Maintain facility according to local health department regulations. 19. WATER QUALITY: Company will be responsible for maintaining the condition of the swimming pool water within the tolerances of the American Public Health Association and the local health department while pool is open to swimmers. • Free Chlorine 3.0 to 10.0 ppm • pH 7.2 to 7.8 • Total Alkalinity 80 to 120 ppm • Calcium Hardness 200 to 300 ppm • Chlorine Stabilizer less than 100 ppm At no time will the water chemistry cause a failure of permission to operate the pool granted by local health departments. In the event the local health department revokes permission to operate the pool due to poor water chemistry, Customer shall be entitled to a partial refund of the contract price set forth herein computed by the following formula: Number of days (or hours) closed times the average daily portion of the contract price (total price divided by number of days (or hours) pool is to be in operation as determined by this Agreement). If, in the discretion of the Company, it is determined that the water quality is insufficient to properly operate the pool, the Company shall have the right to close the pool for such period of time as shall be necessary to correct the water quality. Any such closing shall entitle Customer to a refund in accordance with the formula stated above. All of the foregoing notwithstanding however, the Company shall be excused from maintaining water quality as established herein and the Customer shall be entitled to no refund in the event of any Act of God, mechanical/electrical equipment failure, repairs, interference by Customer, together with any and all other reasons beyond the control of Company (including fecal and vomit contamination); provided that Company shall make good faith efforts to promptly address such contamination and restore water quality as soon as reasonably possible. Any repair work performed by Company shall be subject to the conditions in the "Repair Work" provision of this Agreement. 7 20. REPAIR WORK: The Company shall stand ready to perform any repair work needed during the term of this Agreement; however, Customer shall have the option of using another contractor for repair work. Work will be billed as follows: a. Any repairs and/or parts required as the result of error by Company shall be paid for by Company with no cost to Customer. b. For authorized repair work or necessary equipment (parts) the Company shall bill Customer. For purposes hereof"authorized repair work" shall mean any work which a representative of Customer has consented to, either verbally or in writing. c. Any work or equipment (parts) to be provided by the Company or Company's subcontractors will be provided and billed to Customer. Such work or equipment shall be provided only upon the authorization of the designated representative of Customer, Jim Cregge (name) or Dennis Miller (name), or in the event the Customer elects not to have such work performed or equipment provided, Company may cancel this Agreement if said election interferes with the Company's ability to carry out its responsibilities under this Agreement. d. The Company will arrange for any repair or ordering of parts (as needed) or at the Customer's request. The cost of such materials to be billed to Customer by the Company. Repairs will be billed at the rate of $140,00/hour for labor, 21. CHEMICALS AND SUPPLIES: Company agrees to supply, at its expense: a. All chemicals for safe and clean pool water throughout the summer b. The following janitorial supplies: Soap Sponges & Brushes Disinfectant Mops & Brooms paper towels Toilet Tissue Buckets Trash can liners for the pool area and bathrooms c. Light bulbs for the bathrooms, pump room and lifeguard room. The Customer shall be responsible for the cost of replacing all other light bulbs d. Customer shall be responsible for providing, at no cost to Company, other equipment such as: Water hoses Pool poles Pool vacuum heads & hoses Life hooks & line Ring buoys with line Trash receptacles Pool rules signs & 911 signs First Aid kit Water test kit (specified by Company) Test kit reagents Leaf skimmers Algae brush Rescuetube(s) Spine board with straps Cervical Collar Pool brush e. Company agrees to re -supply the following first aid supplies: Band-Aids Hydrogen peroxide Gauze pads/first aid tape Antibacterial cream Bee sting swabs Alcohol f. Customer shall provide original first aid kit and any other first aid supplies. g. Additional chemicals or labor. If additional chemicals or labor are required to maintain or correct pool water chemistry due to a failure or breakdown of Customer's equipment or loss of water due to a defect in Customer's pool or recirculation system, fecal or vomit contamination, or to correct cases of algae or water staining not related to normal balanced water (mustard algae treatment, algaecide, etc.) Customer agrees to pay as an additional charge, the reasonable expense of all said additional chemicals and/or labor. OFFSEASON SERVICE: This agreement between DYNAMO POOL MANAGEMENT, INC., (the "Company") and CITY OF MILTON (the "Customer") requires off-season work/service to be performed at the Customer's pool starting April 2018 and then September - March 2019. All work will be completed in a professional manner and in accordance to standard procedures for a spring lock safety cover. The following services will be provided on a bi- monthly basis. Water Quality/Chemicals Free chlorine to be maintained between 0.4-0.8ppm pH to be maintained between 7.2-7.8 Combine chlorine to be less than 1.0ppm Cyanuric acid to be less than 100ppm Total alkalinity to be 80-140ppm Calcium hardness to be maintained at least 200ppm Application of winter algaecide and metal treatment (if necessary) General Maintenance Keep debris off of pool cover Remove debris from pool as needed Maintain water level below skimmers Blow pool deck twice a month Check for vandalism Check pool twice a month and log in on maintenance log service(s) performed Notify the Customer of any additional action that may need taken Equipment Winterize all lines not in use in pool and pump room Clean and lubricate all pumps Winterize filters if not operating Inspect equipment twice a month and notify Customer of any problems or repairs needed 22. COACHES: At the Customer's request, the Company will assist the Customer in locating and hiring swim coach(es). Unless noted otherwise in an attached Supplement to this Agreement, cost of any coaches will be borne by the Customer. 23. EMERGENCY CLOSING OF POOL: The Customer and/or Company may close the pool in an emergency situation, whether the emergency is caused by break -down of equipment, or by other causes outside of the Company's control (including fecal and/or vomit contamination); this shall not require any change or adjustment in any of the provisions of this Agreement. Should a time lapse of more than ten (10) days be necessary to perform repairs and/or restore pool to normal operations, the Company shall refund fifty percent (50%) of the daily operating cost from the tenth day on a pro -rated basis. This cost is to be computed at one percent (1 %) of the total contract cost until such time as the pool is reopened for normal operation. 1f the pool is not reopened for normal operation within thirty (30) days,, the Customer may cancel this Agreement by written notice to Company. 24, DROUGHT CLOSING OF POOL: The Customer and/or Company may close the pool in a drought situation, when dictated by governmental orders or decrees (not caused by the acts or omissions of either party). This shall not require any change or adjustment in any of the provisions of this Agreement. Should a time lapse of more than ten (10) days to restore pool to normal operations, the Company shall refund fifty percent (50%) of the daily operating cost from the tenth day on a pro -rated basis. This cost is to be computed at one percent (1 %) of the total contract cost until such time as the pool is reopened for normal operation. If the pool is not reopened for normal operation within thirty (30) days, the Customer may cancel this Agreement by written notice to Company. The Customer will be responsible for any additional associated expenses that the Company has incurred prior to and leading up to the actual "closing" of the pool If the Customer chooses to still maintain the pool after the closing (at a reduced level from normal operation), then the Company will submit a separate agreement for performing this service. 25. INSURANCE/LIABILITY: (i). The Company shall maintain and keep in full force the following coverage: a. Worker's Compensation insurance covering all persons engaged on behalf of the Company in the performance of the terms of this Agreement. b. General liability insurance including punitive damages in the amount of $10,000,000 per occurrence. c. Professional liability insurance on lifeguards in the amount of $1,000,000.00 (included under general Liability). Company shall have Customer named or covered by a blanket endorsement as an additional insured to Company's comprehensive general liability policy and have its insurers waive subrogation against Customer. Company agrees to supply copies of the certificates of insurance to the Customer verifying the above-mentioned insurance coverage.. It is the responsibility of the Customer to provide the insurance coverage stated below. Company shall only be liable hereunder for damage to property or injury to persons to the extent any such damage or injury arises from the negligence or intentional misconduct of Company or any of its employees and Company shall not be liable for all or part of such damage to property or injury to persons to the extent arising from the negligence or intentional misconduct of the Customer, Furthermore, the Company shall not be liable or responsible for any injuries or damages that arise at anytime that are not within the hours of operation, or extended hours, in which the Company does not have lifeguards working as stated in this Agreement except to the extent that such injuries or damages may be caused by the negligence of the Company or breach of this agreement, such as by the Company's neglect or failure to maintain water quality during the hours established or in the manner required by the agreement. The foregoing paragraph shall be deemed a release by the Customer as opposed to an agreement by the Customer to indemnify. (ii). The Customer shall maintain and keep in full force and effect the following coverage: a. Premises liability insurance; b. Comprehensive general liability insurance in the amount of $1,000,000 each occurrence. Upon Company's request, Customer shall provide Company with proof of insurance in the form of Certificates of Insurance verifying the above mentioned insurance coverage prior to the facility opening. ®i 26. CANCELLATION: The Customer shall have the right to cancel this Agreement based on Company's non-performance as detailed in this Agreement. Company shall have five (5) days following a receipt of notification to remedy stated violation of contract; provided that repeated violations shall be grounds for termination without further opportunity to remedy. 1. Customer shall notify Company by certified mail of any problem regarding performance as detailed in this Agreement. Company shall have five (5) days following notification to remedy stated violation of contract. 2. If Company fails to remedy violation and continues to not perform as detailed in this Agreement, Customer may terminate Agreement by providing five (5) days written notice to Company by certified mail. 3. in the event that Customer terminates contract by procedures stated above, the Customer shall be entitled to a refund for money paid in advance. Refund to be computed as follows: A daily portion of the contract price shall be computed by dividing the total contract price by the number of days pool was to be open to members as determined by this Agreement. This daily price shall be multiplied by the number of days pool was operated under this Agreement. That amount shall be subtracted from the total amount of contract price paid to Company by Customer as of termination date. The resulting figure shall be the refund to which the Customer is entitled. 4. Refund shall be paid within fourteen (14) days after termination. 27. MISCELLANEOUS; Customer agrees to allow Company to display a sign on the pool premises designating the responsibility to the Company for the quality of the pool and the performance of the pool staff. 28. PAYMENTS: The Company hereby proposes to perform the work and services set forth above for the price of $ 47,050 per swim year, upon specifications, conditions and terms as set forth herein. Payments by Customer to Company shall be made in accordance with the following schedule: Five (5%) percent upon execution of this Agreement or the annual renewal date of this Agreement, in the event of renewal due April 15 $ 2,272.50 Summer Pavment Schedule: Ten (10%) percent on or before May 1 of each year $ 4,545.00 Twenty-five (25%) percent on or before June 1 of each year $11,362.50 Twenty-five (25%) percent on or before July 1 of each year $11,362.50 Twenty-five (25%) percent on or before August 1 of each year $ 11,362.50 Ten (10%) percent on or before September 1 of each year 4,545.00 $ 43,177.50 Winter Payment Schedule: Eight (8) monthly payments of $200, due the first of each month $ 1,600,00 (April and September — December 2017 and Jan -Mar 2018) TOTAL: $ .47,050.00 Emergency Budget: $ 1,000.00 TOTAL with Emergency Budget: $ 48,050.00 Payments are due as indicated above. Any and all payments, including but not limited to payments as specified above, payments for repairs, equipment or labor, not made on or before thirty (30) days after the due date shall be subject to a delinquent payment of 10% of the amount due or any portion thereof. In the event payments are not received within 30 days from the due date, the Company shall have the 11 right, at its option, and within its sole discretion, to terminate its services under this Agreement and to withdraw and remove all personnel from Customer's pool facilities without any further or additional notice to Customer. Any such termination notwithstanding, Customer shall be fully responsible for all payment obligations accrued as of the date of termination. Emergency Budgeted Amounts: To the extent that this agreement permits Company to incur additional costs on behalf of the Customer (e.g., pre -season algae clean-up; vandalism clean-up; repair work; fecal matter/vomit remediation; etc.), Company shall not incur such any one-time cost exceeding $200 without first notifying Customer of the expected cost, and receiving approval in writing from Customer to incur the cost. With authorization from Company's contact person, Company is authorized to charge Customer a cumulative amount of up to $1000.00 in additional costs for repairs and clean-up during the term of this Agreement. The parties shall execute a written amendment to this agreement before Company exceeds this amount. Discount for Staff Reductions: Customer shall receive an invoice credit for the worker hours saved due to temporary staffing reductions as provided in Section 8, based on the following hourly rates: trained, certified lifeguards: $16.50; desk attendants: $10.50.. 29. CUSTOMER CONTACT PERSON: Please direct Company written and verbal communications to the following Customer representative: NAME: Mr. Jim Cregge, Director of Parks and Recreation STREET: 2006 Heritage Walk CITY: Milton STATE: GA ZIP: 30004 TELEPHONE: (678) 242.2489 EMAIL: iim.cregge@cityofmiltonga.us EMERGENCY NUMBER: #1 770-�3 `� f #2 30. COMPANY CONTACT PERSON: Please direct Customer written and verbal communications to the following Company representative: NAME: MIKE COTTER TELEPHONE: 770.458-9422 ext. 11 EMERGENCY NUMBER: cell 404-483-7418 12 31. NOTICE: Any written notice required or allowed by this Agreement to either Company or Customer shall be deemed delivered on the third (31d) calendar day from the date of mailing (whether or not received) when mailed by certified or registered mail postage prepaid and deposited in the United States mail properly addressed to the parties as follows: or at such other address as may be designated in writing by the party to be notified: Customer: CITY OF MILTON ATTN: Jim Cregge 2006 Heritage Walk Milton, GA 30004 With a copy to: Jim.Cregge ar cityofmiltonga.us Company: DYNAMO POOL MANAGEMENT, INC. 3119 Shallowford Road Chamblee, GA 30341 32. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Georgia. 33. STRICT COMPLIANCE: No failure of either party to exercise any power or right granted hereunder, or to insist upon strict compliance by the other party with its obligations and duty hereunder shall constitute a waiver of a party's right to demand strict compliance with the provisions hereof at any time. 34. TIME OF ESSENCE: Time is of the essence of this Agreement. 35. ENTIRE AGREEMENT, MODIFICATION, & BINDING EFFECT: This Agreement constitutes the entire agreement of the parties and supersedes any prior agreements, understandings or negotiations, written or oral. This Agreement may not be modified or amended except in writing, signed by both parties hereto. This Agreement shall be binding upon and endure to the benefit of the Customer and Company and to their respective heirs, successors and assigns. 36. RIGHTS CUMULATIVE: All rights and powers under this Agreement shall be cumulative and, except as otherwise provided herein, shall be in addition to any and all other provided at law or in equity. 37. EXTENSIONS: Unless otherwise agreed to by Customer and Company in writing, the terms of this Agreement shall apply to all extensions and renewals hereof. 38. SEVERABILITY: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 39. COMPANY'S OPTION IN THE EVENT OF INCREASE IN INSURANCE PREMIUMS: The parties agree as a result of the uncertain status within the liability insurance industry, should Company's insurance premiums increase unreasonably, Company may present a new Contract amount to Customer on or before January 1 of the current contract year, which new Contract shall supersede and replace this Agreement. Customer shall have 30 days from the date of receipt of the new contract in which to accept or reject the new contract. In the event Customer elects to reject the new contract, this contract shall be terminated at the sole option of the company. 13 40. RESERVED. 41. ACCEPTANCE: Acceptance of this Agreement by Customer through signatures below, and return of this Agreement along with any payments due hereunder, will constitute a contract entered into in accordance with the specifications, terms and conditions and addenda attached hereto. 42. ETHICS: Ethics Code; Conflict of Interest. Company agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Company certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Company become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Company shall immediately notify Customer. If Customer determines that conflict of interest exists, Customer may require that Company take action to remedy the conflict of interest or terminate the Agreement without liability. Customer shall have the right to recover any fees paid for services rendered by Company when such services were performed while a conflict of interest existed if Company had knowledge of the conflict of interest and did not notify Customer within five (5) business days of becoming aware of the existence of the conflict of interest. Company and Customer acknowledge that it is prohibited for any person to offer, give, or agree to give any Customer employee or official, or for any Customer employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Company and Customer further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of asub-consultant under contract to the prime Company or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 43. SOVEREIGN IMMUNITY: Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of Customer's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of Customer. 44. COMPLIANCE WITH LAWN The Company covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Company by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this agreement. Further, Company agrees that it will perform all services in accordance with the standard of care and quality ordinary in the industry and in compliance with all applicable federal, state, and local laws, including, but not limited to, any applicable records retention requirements, the Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.) and the requirements set forth in O..C.G.A. § 19-7-5, relating to the reporting of child abuse. 14 45. TERMINATION AND AUTOMATIC RENEWAL: Notwithstanding anything to the contrary in any other provision herein, this agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 of each year during the term of the agreement, and this agreement shall automatically renew on January 1, 2019 (for a term to expire March 31, 2019), absent Customer's provision of written notice of non -renewal to Company at least five (5) days prior to December 31, 2018. Title to any supplies, materials, equipment, or other personal property shall remain in Company until fully paid for by Customer. 46. INDEPENDENT CONTRACTOR: Company hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of Customer. Nothing in this Agreement shall be construed to make Company or any of its employees, servants, or subcontractors, an employee, servant or agent of Customer for any purpose. Company agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Company agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and Customer by virtue of this Agreement with Company. Any provisions of this Agreement that may appear to give Customer the right to direct Company as to the details of the services to be performed by Company or to exercise a measure of control over such services will be deemed to mean that Company shall follow the directions of Customer with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and Customer may hire additional entities to perform the Work related to this Agreement. 47. AUTHORITY TO CONTRACT: Authority to Contract. The individuals executing this Agreement each covenant and declare that he/she has obtained all necessary approvals of the necessary board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Company and Customer to the terms of this Agreement. 48. NONDISCRIMINATION: Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Company agrees that, during performance of this Agreement, Company, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Company agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. 15 49. E -VERIFY: Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, Customer shall not enter into a contract for the physical performance of services unless: (1) Company shall provide evidence on Customer -provided forms, attached hereto as Exhibits "B and "C" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Company's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Company provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing; or (3) In accordance with O.C.G.A. § 13-10-91(b)(5), if Company currently has no employees and does not intend to hire any employees for purposes of satisfying or completing the terms and conditions of this Agreement, Company shall provide a copy of Company's state issued driver's license or state issued identification card in lieu of providing an E -Verify affidavit. Company hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit °B", and submitted such affidavit to Customer, or provided Customer with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above, or provided Customer with the appropriate state issued identification as noted in sub -subsection (3) above. Further, Company hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Company employs or contracts with any subcontractor(s) in connection with the covered contract, Company agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit °C", which subcontractor affidavit shall become part of the Company/subcontractor agreement;, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above; or, in the case of a sole proprietor subcontractor, a copy of subcontractor's state issued driver's license or state issued identification card as noted in sub -subsection (3) above. If a subcontractor affidavit is obtained, Company agrees to provide a completed copy of the above -required materials to Customer within five (5) business days of receipt from any subcontractor. Where Company is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Company's and Company's subcontractors' verification process at any time to determine that the verification was correct and complete. Company and Company's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Company is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no Customer contractor or subcontractors employ unauthorized aliens on Customer contracts. By entering into a contract with Customer, Company and Company's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Company or Company's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Company's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Company shall be liable for all damages and delays occasioned by Customer thereby. IIG Company agrees that the employee -number category designated below is applicable to Company. [DESIGNATE/MARK APPROPRIATE CATEGORY] X 500 or more employees. 100 or more employees. Fewer than '100 employees. Company hereby agrees that, in the event Company employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Company will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. [SIGNATURES ON FOLLOWING PAGE] 17 I. DYNAOO POOL MANAGEMENT, INC. CITY OF MILTON (title) 3/3012018 I I ATTEST: Sudie Gordon, City Clerk APPROVED AS TO FORM: Ken Jarrard, City Attorney [CITY SEAL] EXHIBIT "A" EXHIBIT "B" STATE OFC— COUNTY F-COUNTY OF C IcTt� CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: NOTA L I NI Le sc e, �- Ern Irre, ® AVBL� ® e • a My Commission Expires: I hereby declare under penalty of perjury that the L� C�b oz. foregoing is true and correct. Federal Work Authorization User Identification Number Executed on Z , 20J&in (city), '-,A (state). Date of Authorization Signature of Authorized Officer or Agent Dynamo Pool Management, Inc. Cz—, Name of Contractor � L4 uc � «A (� U Printed Name and Title of Authorized Officer or Swimming Pool Management Agreement Agent Name of Project SUBSCRIBER+? MIQJ�N BEFORE ME City of Milton, Georgia ON THIS `�'.QF Name of Public Employer NOTA L I NI Le sc e, �- Ern Irre, ® AVBL� ® e • a My Commission Expires: EXHIBIT «C" STATE OF COUNTY SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Dynamo Pool Management, Inc. (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: ` `1 Z Federal Work Au horization User Identification Number Z t Z_ Date of Authorization E 6 �� � �1L Na e of Subcontractor Swimming Pool Management Agreement Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 3 Sd , 201 in 4 irk kl�7 (city), (state). Signature of Authorized Officer or Agent Vl �1t4 rra�t , r Printed Name and Title of horized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _;�d DAY OF 20) N.°•�%ssio$, NOTAR UBLIC Q ; c,°� F+;� »_ %V0 YU 1 ) }'lfiiLQS LS ` G11. � ®® cn in [NOTARY SEAL] �'• I/ *Us o 10 My Commission Expires: CO'd<',�� /ffOfi� TO: FROM: AGENDA ITEM: MEETING DATE: MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 3, 2018 Steven Krokoff, City Manager Approval of Subdivision Plats and Revisions Approval - Consent Monday, April 9, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 (J NOT APPROVED (J NO (J NO (J NOT APPROVED info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on April 3, 2018 for the April 9, 2018 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 4 Name of Development / Location Action Comments / # lots Total Acres Density 1. 15133, 15135, & 15137 Freemanville Road LL 554 Freemanville Road Minor Plat Revision 3 Lots 5.18 .58 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 4 Consent Agenda Plats Staff Memo Page 4 of 4 TO: FROM: MILTON't' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 5, 2018 Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2018 Budget for Each Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. MEETING DATE: Monday, April 9, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (PROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (JI -ES () NO CITY ATTORNEY REVIEW REQUIRED: (�ES () NO APPROVAL BY CITY ATTORNEY: (PROVED (J NOT APPROVED PLACED ON AGENDA FOR q m/18 "'9�7 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@Qcityofmiltonga.us I www.cityofmiltonga.us 0000 City of Milton, Georgia Fiscal Year 2018 Summary of Departmental Budget Amendments 1 of 41 The goal of the fiscal year 2018 budget amendment is to revise departmental budgets and interfund transfers based on activity-to-date and future projections. GENERAL FUND The General Fund is the principal operating fund of the government and is used to facilitate current year operations. General Fund revenues have unrestricted use. Expenditure requests are categorized into two categories: Salary and Benefits and Maintenance and Operating. Salary and benefits line items include salaries, overtime, vacation pay, retirement and other associated payroll expenditures. The maintenance and operating category includes expenditures related to operational line items such as supplies, professional fees, training, dues and fees, travel, utilities, communications, machinery & equipment, etc. GENERAL FUND SUMMARY: Revenue Appropriation Increase 396,096 Expenditure Appropriation Increase 396,096 Net Revenue/(Expenditure) Requests:- Revenue Amendments: The change in original revenue estimates for the following revenue sources is driven by an analysis of the activity-to-date. A projection was completed using available data indicating the fiscal year 2018 revenue estimates could be adjusted by the amounts indicated in the table starting on page 3. Some of the most significant changes are explained as follows: 1. Property taxes will now be accounted for in the subsequent fiscal year rather than the preceding fiscal year. As a result amendments to the current year and prior year tax line items are being requested. An overall decrease of $289,800 to the prior year line items will be partly offset by an increase of $146,893 to the current year property tax line items which have come in at higher rates than anticipated. 2. An agreement with the Georgia Municipal Association has recovered franchise fees owed to the city for prior year collections. An increase of $65,000 to the cable franchise fees account is being requested to account for these revenues. Additionally, the telephone franchise fees have been coming in lower than anticipated and a decrease of $79,630 is being requested for that revenue account. 3. Local option sales tax is trending higher than projected and is anticipated to be $200,000 more than projected. 4. Court fines and forfeitures are lower than anticipated and a decrease of $100,000 is being requested. 5. An increase of $272,636 in the operating transfer from the Capital Projects Fund will cover costs associated with the annual maintenance contract for the mass notification system ($1,800), the anticipated operating costs associated with the newly acquired property on Dinsmore Road ($155,400), and the expanded use of Alpharetta parks and recreation programming by Milton residents covered by the current IGA between Milton and Alpharetta ($115,436). Revenues Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Budget Remaining (after adj) TAXES Current Yr Property Taxes-Real 9,893,278 - 10,325,000 133,000 10,458,000 10,457,996 4 Current Yr Property Taxes-Utility 73,381 90,621 80,000 6,013 86,013 - 86,013 Prior Yr Property Taxes-Real 319,254 437,216 300,000 (288,000) 12,000 11,119 881 Current Yr Prop Taxes-Personal 193,676 - 190,000 7,880 197,880 197,874 6 Motor Vehicle Tax 203,625 138,022 100,000 - 100,000 37,596 62,404 Title Ad Valorem Tax 474,756 400,243 350,000 50,000 400,000 142,109 257,891 Alternative Ad Valorem Tax (AAVT) 2,482 4,493 2,000 - 2,000 - 2,000 Intangible Tax 265,700 251,957 265,000 (45,000) 220,000 75,282 144,718 Prior Yr Prop Taxes-Personal 4,672 4,863 5,000 (1,800) 3,200 3,136 64 Real Estate Transfer Tax 105,114 83,502 84,000 11,000 95,000 30,346 64,654 Franchise Fees 2,058,336 1,985,394 - - - - - Franchise Fees/Electric - - 1,160,000 - 1,160,000 464,468 695,532 Franchise Fees/Gas - - 288,000 25,600 313,600 78,412 235,188 Franchise Fees/Cable - - 395,000 65,000 460,000 134,255 325,745 Franchise Fees/Telephone - - 104,630 (79,630) 25,000 27,976 (2,976) Franchise Fees/Cell Tower - 4,576 3,240 11,000 14,240 5,416 8,824 Local Option Sales Tax 8,528,916 8,617,970 8,500,000 200,000 8,700,000 3,055,843 5,644,157 Alcohol Beverage Excise Tax 298,104 306,680 298,000 - 298,000 103,094 194,906 Fireworks Excise Tax - 47 - - - - - Business & Occupation Tax 649,271 711,817 675,000 - 675,000 283,449 391,551 Insurance Premium Tax 2,041,691 2,182,711 2,000,000 - 2,000,000 - 2,000,000 Financial Institution Tax 46,001 38,150 38,150 5,237 43,387 43,387 - Penalties & Interest on Delinquent Taxes - 613 - - - - - Penalties & Interest-Real Prop 26,394 19,677 15,000 (5,000) 10,000 3,138 6,862 Penalties & Interest-Pers Prop 214 733 200 500 700 630 70 Penalties & Interest-Alcoholic Bev Excise Tax 584 511 200 - 200 121 79 Penalties & Interest-Business Lic 6,661 9,298 6,000 - 6,000 1,476 4,524 Total: Taxes 25,192,111 15,289,093 25,184,420 95,800 25,280,220 15,157,123 10,123,097 LICENSES & PERMITS Alcohol Beverage Licenses 144,150 148,995 145,000 4,000 149,000 147,341 1,659 Advertising Fee 1,200 3,000 1,000 1,000 2,000 1,600 400 Pouring Permit 5,745 4,620 5,000 1,000 6,000 3,475 2,525 Public Facilities Alcohol Permit 300 320 300 - 300 250 50 Solicitation Permit 1,170 4,485 1,000 - 1,000 390 610 Zoning & Land Use Permits 6,950 4,300 4,000 - 4,000 1,950 2,050 Land Disturbance 161,493 58,498 39,000 - 39,000 8,252 30,748 Modification 350 1,400 350 - 350 350 - Variance 4,850 4,600 5,000 - 5,000 3,050 1,950 Seasonal & Special Events 710 900 800 - 800 560 240 Sign Permits 8,949 5,009 6,000 - 6,000 3,989 2,011 Film & Media Permit 1,200 1,200 1,000 - 1,000 300 700 Tree Removal Permit - - - - - 550 (550) Building Permits 438,913 371,808 335,000 - 335,000 146,060 188,940 NPDES Fees 4,898 1,673 3,000 (1,500) 1,500 52 1,448 Taxi & Driver Permitting Fees - - - - - - - Penalties & Interest-Alcohol Beverage Lic 1,761 2,541 500 1,527 2,027 2,027 0 Res/Comm Work Without a Permit Penalty 2,307 2,799 2,000 - 2,000 718 1,282 Total: Licenses & Permits 784,946 616,148 548,950 6,027 554,977 320,914 234,063 INTERGOVERNMENTAL REVENUES Bulletproof Vest Partnership 4,655 1,804 - - - - - Community Services Program (CSP) 12,000 11,640 - - - - - School Bus Stop Arm Violations - 8,160 9,000 - 9,000 3,300 5,700 Total: Intergovernmental Revenues 16,655 21,604 9,000 - 9,000 3,300 5,700 CHARGES FOR SERVICES Finance Admin Fee 70,039 73,925 70,000 - 70,000 36,389 33,611 Court Admin Fee 122,079 111,173 100,000 - 100,000 30,161 69,839 Maps & Cert Letters 390 390 250 - 250 60 190 Plan Review Fees 137,145 122,760 126,000 - 126,000 53,140 72,860 FY 2018 Account Name Actuals FY 2017 Actuals FY 2016 Revenues Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Budget Remaining (after adj) FY 2018 Account Name Actuals FY 2017 Actuals FY 2016 Open Records Fees 696 1,131 700 950 1,650 1,436 214 Online Payment Convenience Fee 4,100 4,161 4,500 15,000 19,500 17,204 2,296 Development Bond Fee 1,450 650 1,000 - 1,000 150 850 Development Bond Fee to Offset Legal Expense 7,250 3,250 5,000 - 5,000 750 4,250 Election Qualifying Fee - 2,940 - - - - - Expungement Fees - - - - - - - False Alarms 5,400 3,600 5,000 4,500 9,500 8,550 950 Fire Plan Review 3,226 2,320 900 1,000 1,900 633 1,267 Fire Inspection 8,800 10,000 8,000 2,000 10,000 8,950 1,050 Fingerprinting Fee 5,105 7,458 14,000 3,000 17,000 13,980 3,020 Medical Reimbursement 423 - - 1,583 1,583 1,583 0 CPR Classes 26 - - - - - - Self Defense Class 2,545 840 1,000 - 1,000 - 1,000 MPD Explorers Program 372 510 - - - - - Background Check Fees 14,900 14,750 5,000 5,000 10,000 7,060 2,940 Administrative Fees/COBRA - 432 - - - 2 (2) Activitiy Fees/Joyful Soles 28,098 36,277 25,000 5,000 30,000 8,078 21,923 Activity Commissions/ATPP 1,017 981 250 - 250 - 250 Activity Commissions/Core Physique - - - - - - - Activity Commissions/Eagle Stix Lacrosse 29,485 17,939 12,000 - 12,000 10,340 1,660 Activity Commissions/FITT2U 1,639 - - - - - - Activity Commissions/North GA Rec 32,663 12,810 12,000 - 12,000 5,476 6,524 Activity Commissions/Sperber Music 292 330 100 - 100 15 85 Activity Commissions/YMCA - - - - - - - Activity Commissions/Blaze Sports - - - - - - - Activity Commissions/Halftime Sports 3,680 4,600 2,500 15,000 17,500 15,834 1,666 Activity Commissions/HYA 33,230 36,627 40,000 (5,000) 35,000 14,230 20,771 Activity Commissions/NFL Youth Flag Football 21,231 483 9,000 - 9,000 9,188 (188) Activity Commissions/Wanna Play Baseball 1,735 2,557 1,800 700 2,500 753 1,747 Event Admission Fees - 5,105 - - - - - Business Symposium - 512 - - - - - Bad Check Fees 300 240 300 - 300 210 90 Total: Charges for Services 537,317 478,751 444,300 48,733 493,033 244,170 248,863 FINES & FORFEITURES Fines & Forfeitures 508,130 472,717 475,000 (100,000) 375,000 122,953 252,047 Total: Fines & Forfeitures 508,130 472,717 475,000 (100,000) 375,000 122,953 252,047 INVESTMENT INCOME Interest Revenue 508 1,370 1,000 - 1,000 385 615 Tan Proceeds Interest - - - - - - - Realized Gain/Loss on Investmt 44,825 77,978 60,000 - 60,000 37,651 22,349 Total: Investment Income 45,333 79,348 61,000 - 61,000 38,036 22,964 CONTRIBUTIONS & DONATIONS Donation Revenue - 22,500 - - - - - Donation Revenue-Village Volunteers 1,000 - - - - - - Donation Revenue-Milton CARES - 43 - - - - - Donation Revenue-Public Safety - - - - - 1 (1) Donation Revenue-Fire 889 600 - - - 500 (500) Donation Revenue-Milton First Reposnders Foundation 7,582 - - 11,959 11,959 11,959 - Donation Revenue-Community Development - - - - - - - Donation Revenue-Parks & Recreation 1,694 15 - - - - - Donation Revenue-Joyful Soles - 7,252 - - - 1,500 (1,500) Donation Revenue/Grant from Private Entity - - - 1,000 1,000 1,000 - Donation Revenue/Grant from Private Entity-Police - - - - - 2,088 (2,088) Total: Contributions & Donations 11,165 30,410 - 12,959 12,959 17,048 (4,089) MISCELLANEOUS REVENUE Cell Tower Lease 77,534 - - - - - - Facility Rental/Bethwell Community Center 2,010 3,295 2,000 500 2,500 2,200 300 Facility Rental/Friendship Park 240 220 200 - 200 130 70 Facility Rental/Bell Memorial Park 19,688 8,463 6,000 1,500 7,500 7,113 388 Revenues Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Budget Remaining (after adj) FY 2018 Account Name Actuals FY 2017 Actuals FY 2016 Facility Rental/Broadwell Pavilion 2,850 4,888 3,000 1,500 4,500 3,100 1,400 Facility Rental/City Hall/Community Place - 1,350 3,000 - 3,000 1,225 1,775 Facility Rental/Courtroom - - - - - 100 (100) Insurance Proceeds - 16 - - - - - Insurance Proceeds-Pub Sfty 6,025 36,031 - 17,440 17,440 17,440 - Insurance Proceeds-PW 6,509 2,520 - - - - - Damaged Property-Citizen Reimb - - - - - 875 (875) Other Misc Revenue (72) 7,930 40,000 - 40,000 103 39,897 Atlanta HIDTA Reimbursements 6,819 1,786 - - - - - Over/Short Cash Drawer 1 5 - - - 0 (0) Evidence Room Unclaimed Cash 182 10 - - - 37 (37) Total: Miscellaneous Revenue 121,786 66,514 54,200 20,940 75,140 32,323 42,818 OTHER FINANCING SOURCES Operating Transfers In-Htl/Mtl Fd 19,218 20,000 - - - - - Operating Transfers In-Capital Projects Fund - 243,000 - 272,636 272,636 - 272,636 Operating Transfers In-Revenue Bond Fund 9,935,171 712,604 - - - - - Operating Transfers In-Impact Fee Fund/Admin 26,701 36,488 - 27,000 27,000 - 27,000 Sale of Surplus Equipment 5,313 13,079 15,000 12,000 27,000 22,860 4,140 Total: Other Financing Sources 9,986,402 1,025,171 15,000 311,636 326,636 22,860 303,776 TOTAL 37,203,844 18,079,756 26,791,870 396,096 27,187,966 15,958,728 11,229,238 Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Revenues Taxes 25,192,111 15,289,093 25,184,420 95,800 25,280,220 Licenses & Permits 784,946 616,148 548,950 6,027 554,977 Intergovernmental Revenues 16,655 21,604 9,000 - 9,000 Charges for Services 537,317 478,751 444,300 48,733 493,033 Fines & Forfeitures 508,130 472,717 475,000 (100,000) 375,000 Investment Income 45,333 79,348 61,000 - 61,000 Contributions & Donations 11,165 30,410 - 12,959 12,959 Miscellaneous Revenue 121,786 66,514 54,200 20,940 75,140 Other Financing Sources 9,986,402 1,025,171 15,000 311,636 326,636 Total Revenues 37,203,844 18,079,756 26,791,870 396,096 27,187,966 Expenditures Mayor & Council 157,650 146,527 168,869 - 168,869 City Manager 652,158 687,710 743,146 2,685 723,571 City Clerk 169,046 163,966 353,535 - 353,535 General Administration 45,313 40,500 60,374 - 60,374 Finance 387,639 409,321 495,534 17,134 512,668 Legal 223,903 307,816 275,000 - 275,000 Information Technology 713,472 729,719 787,417 16,000 803,417 Human Resources 247,351 272,594 333,864 - 333,864 Risk Management 215,723 243,715 258,600 - 258,600 General Govt Buildings 385,455 386,420 197,970 - 197,970 Communications 276,876.66 166,604.02 198,926 - 198,926 Community Outreach & Engagemen - 160,638.38 118,746.00 1,000 119,746.00 Municipal Court 269,768 275,541 422,656 - 422,656 Police 3,686,436 3,915,311 4,731,094 19,925 4,751,019 Fire 5,343,279 5,693,645 6,941,347 13,108 6,954,455 EMS Operations - - - - - Public Works 1,866,809 1,971,467 2,405,438 67,703 2,473,141 Parks & Recreation 1,118,753.37 1,149,728.19 1,127,527 270,836 1,398,363 Community Development 736,902 638,599 1,127,903 5,000 1,132,903 Economic Development 50,288 74,653 272,011 - 272,011 Debt Service 254,622 - 851,712 - 851,712 Other Financing Uses 11,277,882 22,619,075 1,240,374 - 1,240,374 Contingency - - 94,119 (17,295) 76,824 Total Expenditures 28,079,325 40,053,547 23,206,162 396,096 23,579,998 Total Revenues Over/(Under) Expenditures 9,124,519 (21,973,792) 3,585,708 - Beginning Fund Balance 9,794,700 18,919,219 (3,054,573) Ending Fund Balance 18,919,219 (3,054,573) 531,135 Actuals FY 2017 Actuals FY 2016 General Fund Summary FY 2018 Expenditure Amendments: Explanations for each of the amendments to the expenditure accounts are provided within the departmental budget spreadsheets following. 6 of 41 Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Revenues Taxes 25,192,111 15,289,093 25,184,420 95,800 25,280,220 Licenses & Permits 784,946 616,148 548,950 6,027 554,977 Intergovernmental Revenues 16,655 21,604 9,000 - 9,000 Charges for Services 537,317 478,751 444,300 48,733 493,033 Fines & Forfeitures 508,130 472,717 475,000 (100,000) 375,000 Investment Income 45,333 79,348 61,000 - 61,000 Contributions & Donations 11,165 30,410 - 12,959 12,959 Miscellaneous Revenue 121,786 66,514 54,200 20,940 75,140 Other Financing Sources 9,986,402 1,025,171 15,000 311,636 326,636 Total Revenues 37,203,844 18,079,756 26,791,870 396,096 27,187,966 Expenditures Mayor & Council 146,527 137,387 168,869 - 168,869 City Manager 687,710 656,272 720,886 2,685 723,571 City Clerk 163,966 169,689 353,535 - 353,535 General Administration 40,500 80,156 60,374 - 60,374 Finance 409,321 431,203 495,534 17,134 512,668 Legal 307,816 261,278 275,000 - 275,000 Information Technology 729,719 994,762 787,417 16,000 803,417 Human Resources 272,594 272,595 333,864 - 333,864 Risk Management 243,715 242,644 258,600 - 258,600 General Govt Buildings 386,420 369,346 197,970 - 197,970 Communications 276,876.66 166,604.02 198,926 - 198,926 Community Outreach & Engagemen - 160,638 118,746 1,000 119,746.00 Municipal Court 275,541 279,811 422,656 - 422,656 Police 3,915,311 4,026,141 4,731,094 19,925 4,751,019 Fire 5,693,645 6,320,432 6,941,347 13,108 6,954,455 EMS Operations - - - - - Public Works 1,971,467 1,909,045 2,405,438 67,703 2,473,141 Parks & Recreation 1,118,753.37 1,149,728.19 1,127,527 270,836 1,398,363 Community Development 638,599 886,285 1,127,903 5,000 1,132,903 Economic Development 74,653 175,414 272,011 - 272,011 Debt Service - 852,512 851,712 - 851,712 Other Financing Uses 22,619,075 2,510,042 1,240,374 - 1,240,374 Contingency - - 94,119 (17,295) 76,824 Total Expenditures 39,972,207 22,051,983 23,183,902 396,096 23,579,998 Total Revenues Over/(Under) Expenditures (2,768,363) (3,972,227) 3,607,968 - Beginning Fund Balance 10,081,237 7,312,874 3,340,647 Reserve Fund Balance Ending Fund Balance 7,312,874 3,340,647 6,948,615 REVISED Actuals FY 2017 Actuals FY 2016 General Fund Summary FY 2018 City Manager Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 472,722 505,432 523,202 - 523,202 206,820 316,382 SALARIES AND WAGES / CAR ALLOWANCE 2,686 - - - - - - Total: Salaries & Wages 475,408 505,432 523,202 - 523,202 206,820 316,382 Employee Benefits GROUP INSURANCE 39,685 - - - - - - MEDICAL INSURANCE - 30,030 44,648 - 44,648 10,948 33,700 DENTAL INSURANCE - 3,887 3,568 - 3,568 1,170 2,398 VISION INSURANCE - 821 836 - 836 241 595 LIFE INSURANCE - 2,427 2,412 - 2,412 896 1,516 AD&D INSURANCE - 67 85 - 85 25 60 SHORT TERM DISABILITY - 259 264 - 264 65 199 LONG TERM DISABILITY - 1,317 1,328 - 1,328 547 781 401A (SS MATCH) 19,065 23,151 23,980 - 23,980 9,502 14,478 FICA MEDICARE 6,600 7,091 7,588 - 7,588 2,940 4,648 401A ER MATCH OF 457B CONTRIBUTIONS 10,242 23,700 24,804 - 24,804 9,801 15,003 PENSION (GMEBS) 64,502 29,697 31,079 - 31,079 12,001 19,078 UNEMPLOYMENT INSURANCE 198 152 200 - 200 152 48 WORKER'S COMPENSATION 4,772 3,484 3,500 - 3,500 3,243 257 FSA/HSA/HRA CONTRIBUTIONS 1,500 4,300 3,876 - 3,876 3,850 26 Total: Employee Benefits 146,564 130,383 148,168 - 148,168 55,379 92,789 Purchased Professional and Technical Services PROFESSIONAL FEES STAFF RETREAT 6,495 - 3,000 - 3,782 3,782 - ICMA LOCAL GOVT RESEARCH COLLABERATIVE 6,250 3,750 - - - - - OTHER 14,670 - 9,630 2,685 12,315 12,315 - Total: Professional Fees 27,415 3,750 12,630 2,685 16,097 16,097 - RENTAL EQUIPMENT & VEHICLES 165 - - - - - - Total: Rental Land & Buildings 165 - 22,260 - - - - Total: Purchased Professional and Technical Services 27,581 3,750 34,890 2,685 16,097 16,097 - Other Purchased Services COMMUNICATIONS 2,530 3,397 3,528 - 3,528 1,374 2,154 COMMUNICATIONS/POSTAGE 127 112 300 - 300 - 300 PRINTING: Business Cards 509 967 500 - 500 34 466 TRAVEL GMA CONFERENCE 1,339 182 1,800 - 1,800 - 1,800 ICMA CONFERENCE 1,995 - 7,677 - 7,677 2,559 5,118 LEADERSHIP ICMA - - - - - - - GCCMA CONFERENCE 327 217 1,371 - 1,151 - 1,151 ALLIANCE FOR INNOVATION/TLG 3,478 - - - - - - SEI LEADERSHIP INSTITUTE 2,158 - - - - - - OTHER - 80 - - 318 318 - Total: Travel 9,297 479 10,848 - 10,946 2,877 8,069 DUES AND FEES ICMA 2,920 2,498 2,600 - 2,600 2,129 471 GCCMA 646 450 375 - 375 - 375 CIVIC ORGANIZATION DUES 1,585 1,126 1,260 - 1,260 550 710 ALLIANCE FOR INNOVATION 5,100 - 2,550 - 2,550 2,550 - OTHER 2,857 4,897 - - 100 100 - Total: Dues and Fees 13,108 8,971 6,785 - 6,885 5,329 1,556 EDUCATION & TRAINING GMA CONFERENCE 1,035 1,923 2,000 - 2,000 - 2,000 ICMA CONFERENCE 1,495 - 4,500 - 4,500 3,385 1,115 LEADERSHIP ICMA - - - - - - - GCCMA CONFERENCE 2,975 100 1,275 - - - - TLG CONFERENCE 1,100 - - - - - - SEI LEADERSHIP INSTITUTE 3,850 - - - - - - OTHER - 49 - - 295 295 - Total: Education & Training 10,455 2,072 7,775 - 6,795 3,680 3,115 FY 2018 Actuals FY 2017 Actuals FY 2016 City Manager Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Budget Remaining (after adj) FY 2018 Actuals FY 2017 Actuals FY 2016 MAINTENANCE CONTRACTS CONTRACT LABOR - - - - - - - ECIVIS - - 4,900 - 4,900 2,040 2,860 Total: Maintenance Contracts - - 4,900 - 4,900 2,040 2,860 Total: Other Purchased Services 36,026 15,998 34,636 - 33,854 15,334 18,520 Supplies GENERAL SUPPLIES 733 192 750 - 750 390 360 FOOD/MEALS 1,324 482 1,500 - 1,500 573 927 Total: Supplies 2,057 674 2,250 - 2,250 963 1,287 Machinery & Equipment CELL PHONES 74 35 - - - - - Total: Machinery & Equipment 74 35 - - - - - Total: City Manager 687,710 656,272 743,146 2,685 723,571 294,593 428,978 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Professional Fees/Other 2,685 Total Increase 2,685$ 2,685$ Amendment Reason TOTAL BUDGET AMENDMENTS Increase to account fees related to the GMA franchise fee audit offset by prior year franchise fee revenues recovered Finance Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 236,182 246,689 257,178 - 257,178 99,340 - 157,838 Total: Salaries & Wages 236,182 246,689 257,178 - 257,178 99,340 - 157,838 Employee Benefits GROUP INSURANCE 30,013 - - - - - - - MEDICAL INSURANCE - 29,462 44,648 - 44,024 9,052 - 34,972 DENTAL INSURANCE - 2,252 3,568 - 3,568 725 - 2,843 VISION INSURANCE - 636 836 - 836 206 - 630 LIFE INSURANCE - 1,283 1,342 - 1,342 440 - 902 AD&D INSURANCE - 35 47 - 47 12 - 35 SHORT TERM DISABILITY - 259 264 - 264 65 - 199 LONG TERM DISABILITY - 983 1,029 - 1,029 337 - 692 401A (SS MATCH) 10,417 11,696 12,205 - 12,205 4,706 - 7,499 FICA MEDICARE 3,256 3,366 3,730 - 3,730 1,364 - 2,366 401A ER MATCH OF 457B CONTRIBUTIONS 7,141 13,437 14,063 - 14,063 5,394 - 8,669 PENSION (GMEBS) 13,559 13,134 13,746 - 13,746 5,899 - 7,847 UNEMPLOYMENT INSURANCE 247 152 200 - 200 143 - 57 WORKER'S COMPENSATION 535 494 550 - 550 429 - 121 FSA/HSA/HRA CONTRIBUTIONS 2,400 3,900 3,876 - 4,500 4,500 - - Total: Employee Benefits 67,568 81,090 100,104 - 100,104 33,274 - 66,830 Purchased Professional and Technical Services ADMINISTRATIVE FEES BANK FEES 0 20 - - - - - - CREDIT CARD FEES 46,596 55,633 30,000 15,134 45,134 20,895 - 24,239 PROPERTY TAX INSITE TRANSACTION FEES - - - 2,000 2,000 476 - 1,524 Total: Administrative Fees 46,597 55,653 30,000 17,134 47,134 21,371 - 25,763 PROFESSIONAL FEES AUDIT FEES 35,875 32,500 33,500 - 33,500 33,000 500 - OTHER 138 1,577 - - - - - - Total: Professional Fees 36,013 34,077 33,500 - 33,500 33,000 500 - Total: Purchased Professional and Technical Services 82,610 89,729 63,500 17,134 80,634 54,371 500 25,763 Other Purchased Services COMMUNICATIONS 711 720 720 - 720 360 - 360 POSTAGE 6,270 295 13,000 - 13,000 5,457 - 7,543 ADVERTISING: Public Hearings & Bids 4,785 6,103 4,500 - 4,500 2,371 - 2,129 PRINTING - - CITY CHECKS 945 1,229 1,200 - 1,200 754 - 446 PROPERTY TAX BILLS 3,308 176 8,000 - 8,000 3,288 - 4,712 BUSINESS CARDS 152 165 88 - 88 38 - 50 Total: Printing 4,404 1,571 9,288 - 9,288 4,080 - 5,208 TRAVEL GGFOA CONFERENCE 1,134 296 752 - 752 702 - 50 GNIGP CONFERENCE - - 1,288 - 1,288 - - 1,288 DOAS TRAINING - 1,105 500 - 450 - - 450 Total: Travel 1,134 1,401 2,540 - 2,490 702 - 1,788 DUES AND FEES GFOA MEMBERSHIP 300 225 225 - 225 225 - - GGFOA MEMBERSHIP 179 100 150 - 150 100 - 50 CAFR AWARD FEES 435 435 435 - 435 - - 435 GNIGP MEMBERSHIP - 40 40 - 40 - - 40 NIGP MEMBERSHIP - 190 190 - 190 - - 190 APA - - 254 - 254 - - 254 OTHER 177 73 - - - - - - Total: Dues & Fees 1,091 1,063 1,294 - 1,294 325 - 969 EDUCATION & TRAINING CARL VINSON TRAINING 637 448 358 - 358 - - 358 GGFOA CONFERENCE 325 350 395 - 395 395 - - GFOA CPFO CERTIFICATION - - 495 - 495 - - 495 GNIGP CONFERENCE - - 1,460 - 1,460 - - 1,460 DOAS TRAINING 50 250 250 - 300 300 - - ANNUAL FINANCE CONFERENCE - 125 125 - 125 - - 125 PAYROLL CERTIFICATION - - 1,695 - 1,695 - - 1,695 OTHER - - - - - - - - Total: Education & Training 1,012 1,173 4,778 - 4,828 695 - 4,133 MAINTENANCE CONTRACTS 368 1,095 1,245 - 1,245 245 - 1,000 FY 2018 Actuals FY 2016 Actuals FY 2017 Finance Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) FY 2018 Actuals FY 2016 Actuals FY 2017 INCODE - - 26,475 - 26,475 25,722 - 753 OPENGOV - - 8,000 - 8,000 8,000 - - Total: Other Purchased Services 19,775 13,421 71,840 - 71,840 47,956 - 23,884 Supplies GENERAL SUPPLIES 170 198 800 - 800 200 - 600 BOOKS & PERIODICALS - - 112 - 112 - - 112 Total: Supplies 170 198 912 - 912 200 - 712 Machinery & Equipment FURNITURE & FIXTURES 150 - 500 - 500 - - 500 COMPUTER/SOFTWARE - - 1,500 - 1,500 - - 1,500 Total: Machinery & Equipment 150 - 2,000 - 2,000 - - 2,000 Other Costs INTEREST DUE ON TAX REFUNDS 2,865 76 - - - - - - Total: Other Costs 2,865 76 - - - - - - Total: Finance 409,321 431,203 495,534 17,134 512,668 235,141 500 277,027 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Credit Card Fees 15,134 2. Property Tax Insite Transaction Fees 2,000 Total Increase 17,134 $ 17,134 Amendment Reason TOTAL BUDGET AMENDMENTS Inrease to account for credit card transaction fees offset by service fee collections Inrease to account for credit card transaction fees related to the online tax payment portal offset by service fee collections Information Technology Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 91,284 93,210 96,066 - 96,066 38,003 - 58,063 Total: Salaries & Wages 91,284 93,210 96,066 - 96,066 38,003 - 58,063 Employee Benefits GROUP INSURANCE 15,078 - - - - - - - MEDICAL INSURANCE - 14,866 11,162 - 10,631 5,579 - 5,052 DENTAL INSURANCE - 1,171 892 - 892 373 - 519 VISION INSURANCE - 234 209 - 209 74 - 135 LIFE INSURANCE - 479 501 - 501 165 - 336 AD&D INSURANCE - 13 16 - 16 5 - 11 SHORT TERM DISABILITY - 65 66 - 66 16 - 50 LONG TERM DISABILITY - 372 360 - 360 123 - 237 401A (SS MATCH) 3,423 3,495 3,603 - 3,603 1,425 - 2,178 FICA MEDICARE 1,247 1,278 1,393 - 1,393 530 - 863 401A ER MATCH OF 457B CONTRIBUTIONS - - 961 - 961 - - 961 PENSION (GMEBS) 9,846 8,262 8,646 - 8,646 2,204 - 6,443 TUITION REIMBURSEMENT 3,000 5,980 3,000 - 3,000 - - 3,000 UNEMPLOYMENT INSURANCE 49 38 50 - 50 38 - 12 WORKER'S COMPENSATION 255 215 250 - 250 165 - 85 FSA/HSA/HRA CONTRIBUTIONS 1,500 1,500 969 - 1,500 1,500 - - Total: Employee Benefits 34,398 37,968 32,078 - 32,078 12,195 - 19,883 Purchased Professional and Technical Services PROFESSIONAL FEES 175 10,735 2,000 16,000 18,000 - 14,500 3,500 Total: Purchased Professional and Technical Services 175 10,735 2,000 16,000 18,000 - 14,500 3,500 Other Purchased Services COMMUNICATIONS - - - - - - - - CELL PHONE & AIR CARD 1,216 2,182 2,009 - 2,009 989 - 1,020 FIRE DEPT POTS LINES 12,061 11,345 12,000 - 12,000 6,143 - 5,857 ATT - CITY HALL POTS LINES/BANDWIDTH 49,660 89,007 102,540 - 102,540 44,884 - 57,656 ATT - PUBLIC SAFETY BANDWIDTH 26,652 26,666 28,945 - 28,945 13,492 - 15,453 COMCAST-STATION 43/BANDWIDTH 10,732 11,273 11,700 - 11,700 4,800 - 6,900 E-911 - 18,205 19,800 - 19,800 5,787 - 14,013 POSTAGE - 576 250 - 250 42 - 208 Total: Communications 100,321 159,255 177,244 - 177,244 76,137 - 101,107 PRINTING: Business cards - 41 50 - 50 - - 50 TRAVEL - - - - - - - - GMIS CONFERENCE 33 971 2,692 - 2,692 884 - 1,808 GA RECORDS ASSOCIATION - - 849 - 849 - - 849 Total: Travel 33 971 3,541 - 3,541 884 - 2,657 DUES AND FEES 20 20 - - - - - - GA RECORDS ASSOCIATION - - 20 - 20 20 - - EDUCATION & TRAINING 40 - - - - - - - GMIS CONFERENCE - 325 650 - 650 325 - 325 GA RECORDS ASSOCIATION - - 400 - 400 - - 400 Total: Education & Training 40 325 1,050 - 1,050 325 - 725 CONTRACT LABOR - - - - - - - - MAINTENANCE CONTRACTS OPTIVIEW 10,064 10,010 30,502 - 30,502 4,502 - 26,000 GODADDY .COM 429 646 500 - 500 355 - 145 EXPERTS-EXCHANGE 200 - - - - - - - ARC GIS 7,700 7,700 - - - - - - SHORETEL 5,219 2,003 2,000 - 2,000 1,833 - 167 INCODE 25,521 25,370 - - - - - - GRANICUS - 26,990 27,840 - 27,840 9,222 18,618 - ALEN SIMS 1,800 900 - - - - - - OFFSITE BACKUP 4,632 12,679 13,620 - 15,240 15,240 - 0 FIREHOUSE 8,740 6,520 - - - - - - NETMOTION 4,001 4,027 - - - - - - GUARDIAN TRACKING 1,118 1,219 1,500 - 1,500 610 - 891 OSSI 34,691 36,131 - - - - - - DIGICERT - - 300 - 300 - - 300 IT IGA JOHNS CREEK 17,869 - - - - - - - BARRACUDA MESSAGE MAINT. 3,875 1,481 1,640 - 1,640 - - 1,640 L-3 COMMUNICATIONS 13,202 10,267 - - - - - - EMS TRAINING AIDS 4,070 4,793 - - - - - - FY 2018 Actuals FY 2016 Actuals FY 2017 11 of 41 Information Technology Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) FY 2018 Actuals FY 2016 Actuals FY 2017 2FA 483 - - - - - - - WORK ZONE 3,000 - - - - - - - VC3 284,474 388,346 354,566 - 330,040 144,521 185,519 - OPEN GOV 8,966 8,000 - - - - - - ICMA ANALYTICS TOOL 9,210 - - - - - - - REC1 500 - - - - - - - HIPERWEB - 3,333 - - - - - - Total: Maintenance Contracts 449,763 550,417 432,468 - 409,562 176,283 204,137 29,143 Total: Other Purchased Services 550,177 711,029 614,373 - 591,467 253,649 204,137 133,682 Supplies GENERAL SUPPLIES - - - - - - - - PRINTER MAINTENANCE KITS 806 3,027 1,500 - - - - - PLOTTER INK 69 483 - - - - - - PLOTTER PAPER 1,035 554 - - - - - - CABLE/DIRECT TV - 215 - - - - - - Total: General Supplies 1,911 4,280 1,500 - - - - - Total: Supplies 1,911 4,280 1,500 - - - - - Machinery & Equipment COMPUTER / SOFTWARE 1,392 32,866 3,000 - 2,516 50 - 2,466 COMPUTER / HARDWARE 35,204 71,971 22,200 - 52,499 48,499 - 4,000 COMPUTER EQUIP&SUPPLIES 7,575 8,632 7,500 - 4,550 3,406 - 1,144 DESKTOP PRINTERS 6,671 19,659 2,500 - 500 430 - 70 CITY PHONE SYSTEM - 994 1,200 - 2,150 2,149 - 1 SCANNERS 933 3,418 5,000 - 3,591 3,591 - (0) Total: Other Equipment 15,179 32,702 16,200 - 10,791 9,576 - 1,215 Total: Machinery & Equipment 51,774 137,540 41,400 - 65,806 58,124 - 7,682 Total: Information Technology 729,719 994,762 787,417 16,000 803,417 361,971 218,637 222,810 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Professional Fees 16,000 Total Increase 16,000 $ 16,000 Amendment Reason TOTAL BUDGET AMENDMENTS Inrease to account for IT assessment 12 of 41 Community Outreach & Engagement Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 75,551 78,604 - 78,604 30,666 - 47,938 SALARIES & WAGES/OVERTIME - - - - - - - Total: Salaries & Wages 75,551 78,604 - 78,604 30,666 - 47,938 Employee Benefits GROUP INSURANCE - - - - - - - MEDICAL INSURANCE 14,298 11,162 - 10,256 5,479 - 4,777 DENTAL INSURANCE 1,171 892 - 892 373 - 519 VISION INSURANCE 234 209 - 209 52 - 157 LIFE INSURANCE 301 315 - 315 103 - 212 AD&D INSURANCE 8 11 - 11 3 - 8 SHORT TERM DISABILITY 65 66 - 66 16 - 50 LONG TERM DISABILITY 231 242 - 242 79 - 163 401A (SS MATCH) 2,833 2,948 - 2,948 1,150 - 1,798 FICA MEDICARE 1,011 1,141 - 1,141 424 - 717 401A ER MATCH OF 457B CONTRIBUTIONS 577 604 - 604 237 - 367 PENSION (GMEBS) 8,788 5,436 - 5,436 1,803 - 3,633 TUITION REIMBURSEMENT 1,374 - - - - - - UNEMPLOYMENT INSURANCE 76 100 - 100 52 - 48 WORKER'S COMPENSATION - 157 - 157 22 - 135 FSA/HSA/HRA CONTRIBUTIONS 500 969 - 1,875 1,875 - - Total: Employee Benefits 31,468 24,252 - 24,252 11,668 - 12,584 Purchased Professional and Technical Services PROFESSIONAL FEES - - - - - - - PHOTOGRAPHY - 1,000 - 1,000 - - 1,000 MOBILE SITE - 1,500 - 1,500 113 - 1,388 Total: Professional Fees - 2,500 - 2,500 113 - 2,388 CONTRACTED - - - - - - - Total: Purchased Professional and Technical Services - 2,500 - 2,500 113 - 2,388 Other Purchased Services COMMUNICATIONS 1,137 1,440 - 1,440 550 - 890 POSTAGE - - - - - - - ADVERTISING - - - - - - - CITIZENS GOVERNMENT ACADEMY - 250 - 250 - - 250 Total: Advertising - 250 - 250 - - 250 PRINTING 174 150 - 150 - - 150 BETTER TOGETHER - 500 - 500 - - 500 MILTON CARES - 125 - 125 - - 125 CITIZENS GOVERNMENT ACADEMY - 500 - 500 - - 500 TRAVEL - - - 26 26 - 0 Total: Travel - - - 26 26 - 0 DUES & FEES BETTER TOGETHER 169 - - - - - - OTHER 342 - - - - - - Total: Dues & Fees 511 - - - - - - Total: Other Purchased Services 1,822 2,965 - 2,991 576 - 2,415 Supplies GENERAL SUPPLIES 47,398 - 1,000 1,760 1,474 - 286 GRAND OPENINGS SUPPLIES 49 2,000 - 1,214 - - 1,214 BETTER TOGETHER 193 250 - 250 50 - 200 CITIZENS GOVERNMENT ACADEMY - 500 - 500 - - 500 Total: General Supplies 47,639 2,750 1,000 3,724 1,524 - 2,200 FOOD/MEALS - - - - - - - GRAND OPENINGS FOOD 528 1,500 - 1,500 319 - 1,181 MILTON CARES - 500 - 500 - - 500 CITIZENS GOVERNMENT ACADEMY - 1,000 - 1,000 116 - 884 Total: Food/Meals 528 3,000 - 3,000 434 - 2,566 PROMOTIONAL ITEMS 3,398 4,000 - 4,000 807 - 3,193 Total: Supplies 51,565 9,750 1,000 10,724 2,765 - 7,959 FY 2018 Actuals FY 2017 Community Outreach & Engagement Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) FY 2018 Actuals FY 2017 Machinery & Equipment BETTER TOGETHER 233 300 - 300 - - 300 MILTON CARES - 125 - 125 - - 125 CITIZENS GOVERNMENT ACADEMY - 250 - 250 136 - 114 Total: Other Equipment - - - 675 - - - Total: Machinery & Equipment 233 675 - 675 136 - 539 Total: Innovation & Engagement 160,638 118,746 1,000 119,746 45,923 - 73,823 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. General Supplies 1,000 Total Increase 1,000 $ 1,000 Amendment Reason TOTAL BUDGET AMENDMENTS Increase to account for State of the City donations Police Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 2,094,939 2,168,720 2,443,218 - 2,443,218 893,774 - 1,549,444 SALARIES AND WAGES / OVERTIME 80,816 77,553 60,000 - 60,000 28,372 - 31,628 SALARIES AND WAGES / ON-CALL PAY 7,725 8,124 8,190 - 8,190 3,324 - 4,866 SALARIES AND WAGES / HOLIDAY PAY 119,804 105,556 81,025 - 81,025 51,557 - 29,468 Total: Salaries & Wages 2,303,284 2,359,953 2,592,433 - 2,592,433 977,028 - 1,615,405 Employee Benefits GROUP INSURANCE 403,431 - - - - - - - MEDICAL INSURANCE - 383,409 479,966 - 479,966 142,084 - 337,882 DENTAL INSURANCE - 32,997 38,356 - 38,356 9,991 - 28,365 VISION INSURANCE - 6,902 8,987 - 8,987 2,110 - 6,877 LIFE INSURANCE - 11,085 12,689 - 12,689 3,966 - 8,723 AD&D INSURANCE - 306 454 - 454 109 - 345 SHORT TERM DISABILITY - 2,673 2,838 - 2,838 690 - 2,148 LONG TERM DISABILITY - 8,381 9,540 - 9,540 3,019 - 6,521 401A (SS MATCH) 103,249 109,098 115,052 - 115,052 47,621 - 67,431 FICA MEDICARE 31,986 32,759 35,377 - 35,377 13,757 - 21,620 401A ER MATCH OF 457B CONTRIBUTIONS 57,825 57,132 130,351 - 130,351 32,190 - 98,161 PENSION (GMEBS) 136,852 131,079 132,767 - 132,767 55,927 - 76,840 TUITION REIMBURSEMENT 14,340 17,034 21,000 - 21,000 4,261 - 16,739 UNEMPLOYMENT INSURANCE 2,243 1,949 2,200 - 2,200 1,584 - 616 WORKER'S COMPENSATION 89,451 81,843 90,000 - 90,000 65,687 - 24,313 FSA/HSA/HRA CONTRIBUTIONS 14,775 38,825 41,667 - 41,667 39,425 - 2,242 OTHER EMPLOYEE BENEFITS - - - - - - - - Total: Employee Benefits 854,151 915,471 1,121,244 - 1,121,244 422,422 - 698,822 Purchased Professional and Technical Services PROFESSIONAL FEES 909 914 1,500 - 1,500 - - 1,500 LASER & RADAR RECERTIFICATION 1,100 770 1,500 - 1,500 720 - 780 K-9 2,558 1,229 2,500 - 2,500 1,070 - 1,430 FINGERPRINTING - 1,998 13,913 - 13,913 4,884 - 9,029 GRAPHICS FOR PATROL CARS 520 24,939 2,000 - 2,000 825 - 1,175 INMATE MEDICAL SERVICES 8,966 3,055 15,000 - 22,896 7,194 - 15,702 TAG & TITLE APPLICATIONS 392 376 600 - 400 242 - 158 RECRUITMENT TESTING-POLYGRAPH 400 925 2,700 - 1,700 250 - 1,450 RECRUITMENT TESTING - PYSCH 1,900 2,935 3,000 - 3,000 750 - 2,250 WRITTEN ENTRY LEVEL TEST 420 830 1,000 - 1,000 - - 1,000 PROMOTION EXAMINATIONS - 783 1,100 - 600 - - 600 EMPLOYMENT BACKGROUND CHECKS 564 2,123 1,898 - 1,898 555 - 1,343 IACP NET YEARLY FEES 875 875 1,000 - 1,000 875 - 125 HEALTH & WELLNESS PROGRAM 5,985 1,568 - - - - - - Total: Professional Fees 24,590 43,320 47,711 - 53,907 17,364 - 36,543 PROFESSIONAL FEES / INVESTIGATIONS INVESTIGATIVE DATABASE SUB 2,128 4,003 4,003 - 4,003 2,128 - 1,875 OTHER INVESTIGATIVE FEES 2,005 1,108 2,500 - 2,500 322 - 2,178 Total: Professional Fees/Investigations 4,133 5,111 6,503 - 6,503 2,450 - 4,053 EQUIPMENT REPAIR & MAINT 254 1,505 2,500 - 2,500 45 - 2,455 EQUIPMENT R&M/MOTOROLA RADIOS 58 - 1,000 - 1,000 - - 1,000 Total: Equipment Repair & Maintenance 312 1,505 3,500 - 3,500 45 - 3,455 FACILITIES REPAIR & MAINT 434 9,218 1,500 - 1,500 59 - 1,441 VEHICLE REPAIR & MAINT 79,953 93,921 80,000 7,966 87,966 49,486 2,930 35,550 RENTAL LAND & BUILDINGS - - 106,476 - 106,476 53,235 - 53,241 STORAGE UNIT 2,643 3,486 3,240 - 294 294 - - Total: Rental Land & Buildings 2,643 3,486 109,716 - 106,770 53,529 - 53,241 Total: Purchased Professional and Technical Services 112,064 156,559 248,930 7,966 260,146 122,934 2,930 134,282 Other Purchased Services COMMUNICATIONS 35,467 34,592 40,000 - 40,000 13,874 - 26,126 POSTAGE 308 1,175 2,400 - 2,400 350 - 2,050 PRINTING - - - - - - - - CITATIONS, FORMS & DOCUMENTS 800 2,669 3,000 - 3,000 447 - 2,553 BUSINESS CARDS 1,655 1,538 1,500 - 1,500 474 - 1,026 Total: Printing 2,455 4,206 4,500 - 4,500 921 - 3,579 TRAVEL 317 1,320 1,000 - 1,000 - - 1,000 OFFICE OF THE CHIEF - - 1,650 - 4,150 3,045 - 1,105 CALEA CONFERENCE - 6,725 - - - - - - UPD 8,550 1,740 5,000 - 5,000 1,782 - 3,218 FY 2018 Actuals FY 2016 Actuals FY 2017 Police Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) FY 2018 Actuals FY 2016 Actuals FY 2017 SWAT 1,061 1,074 - - - - - - GACP CONFERENCE 594 1,149 - - - - - - GPSTC 1,292 1,199 2,000 - 2,000 540 - 1,460 CID TRAVEL - 2,281 2,281 - 2,281 531 - 1,751 GPAC TRAVEL 1,209 542 - - - - - - AA/TAC CONFERENCE 346 - - - - - - - COMMAND COLLEGE 8,173 6,192 8,500 - 5,500 4,023 - 1,477 SSD 7,173 2,334 15,000 - 14,000 243 - 13,757 MPD EXPLORERS PROGRAM 562 5,568 6,000 - 6,000 2,583 - 3,417 CITIZENS POLICE ACADEMY 1,438 - - - - - - - Total: Travel 30,716 30,122 41,431 - 39,931 12,747 - 27,184 DUES AND FEES 1,805 1,757 1,000 - 1,000 - - 1,000 SSD 94 145 8,200 - 8,200 5,473 - 2,727 OFFICE OF THE CHIEF 650 200 1,000 - 1,000 500 - 500 INTERNATIONAL ASSN OF CHIEFS OF POLICE 475 475 - - - - - - POST FEES 585 574 2,000 - 1,000 195 - 805 ACCREDITATION FEES 4,315 3,890 - - - - - - CID CONFIDENTIAL FUNDS - 500 1,000 - 1,000 - - 1,000 RANGE FEES 8,400 5,100 10,000 - 10,000 1,110 - 8,890 MPD EXPLORERS PROGRAM - 2,231 1,000 - 1,000 921 - 79 Total: Dues and Fees 16,324 14,871 24,200 - 23,200 8,199 - 15,001 EDUCATION & TRAINING 290 365 1,500 - 1,500 50 - 1,450 UPD 10,098 2,587 10,500 - 10,500 10,257 - 243 OFFICE OF THE CHIEF 490 700 750 - 750 395 - 355 AA/TAC CONFERENCE 250 - - - - - - - CID 1,274 2,367 5,000 - 5,000 1,605 - 3,395 NCGLEA 2,438 1,800 - - - - - - SWAT 450 1,060 - - - - - - CALEA CONFERENCE - 2,185 - - - - - - R.A.D 2,940 - - - - - - - GPAC TRAINING 200 150 - - - - - - COMMAND COLLEGE 11,160 11,090 13,000 - 13,000 5,853 - 7,148 IACA 1,185 - - - - - - - MPD EXPLORERS PROGRAM 20 220 - - - - - - SSD - 3,179 15,300 - 15,300 9,115 - 6,186 Total: Education & Training 30,795 25,703 46,050 - 46,050 27,274 - 18,776 CONTRACT LABOR 9,991 - - - - - - - Total: Contract Labor 9,991 - - - - - - - MAINTENANCE CONTRACTS - 974 974 - 974 325 - 649 PROPERTY & EVIDENCE IGA 60,000 60,000 60,000 - 60,000 30,000 974 29,026 RADIO SYSTEM FEES 1,672 124,486 179,196 - 179,196 95,060 - 84,136 INNOVATIVE DATA SOLUTIONS 4,105 4,043 7,315 - 7,315 4,841 - 2,474 ANIMAL CONTROL - FULTON CO 24,991 27,211 30,000 - 30,000 6,575 - 23,425 CHOICEPOINT/CLEAR 5,245 5,505 5,683 - 5,683 2,137 - 3,546 CRIME REPORTING 4,776 8,105 13,465 - 13,465 9,272 - 4,193 CELLEBRITE SYS 1,550 3,099 3,250 - 3,250 1,549 - 1,701 AFIS CIRCUIT 9,477 8,579 9,874 - 9,874 3,575 - 6,299 RING CENTRAL 480 444 500 - - - - - ELECTRONIC WARRANT INTERCHANGE 1,295 1,320 1,500 - 1,500 1,046 - 454 VIGILANT SOLUTIONS 1,450 4,350 6,000 - 6,000 2,900 - 3,100 POWERDETAILS - - 2,374 - 2,374 1,780 - 594 PEN-LINK - 313 313 - 1,513 1,188 - 326 GOLDSHIELD TECHNOLOGIES - - 2,610 - 2,410 2,160 - 250 NETMOTION - - 5,000 - 5,000 2,371 - 2,629 OSSI - - 37,332 - 39,504 39,504 - 0 L3 COMMUNICATIONS - - 15,250 - 15,250 5,022 - 10,228 VEHICLE COMPUTER UPGRADE - - 1,500 - 1,500 - - 1,500 Total: Maintenance Contracts 115,040 248,429 382,136 - 384,808 209,305 974 174,529 Total: Other Purchased Services 241,095 359,098 540,717 - 540,889 272,670 974 267,245 Supplies GENERAL SUPPLIES 12,301 10,811 16,000 - 15,750 6,220 - 9,530 AMMUNITION 11,562 9,668 10,000 1,381 11,381 7,915 1,381 2,085 SSD 496 557 4,000 - 4,000 187 - 3,813 UPD 111 - - - - - - - RANGE SUPPLIES 278 867 - - - - - - Police Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) FY 2018 Actuals FY 2016 Actuals FY 2017 FIRST AID KITS - - 700 - 700 473 - 227 MEDICAL SUPPLIES - 5,068 - - - - - - ID CARDS AND SETUP FEE 214 1,003 - - - - - - JAIL SUPPLIES 1,260 1,521 2,000 - 500 204 - 296 CRIME SCENE SUPPLIES 1,353 1,416 1,500 - 1,500 438 - 1,062 CRIME PREVENTION 3,140 1,959 - - - - - - Total: General Supplies 30,715 32,871 34,200 1,381 33,831 15,437 1,381 17,013 GASOLINE/DIESEL 105,493 90,560 90,000 - 90,000 47,169 - 42,831 FOOD/MEALS 1,061 2,454 1,500 - 1,270 87 - 1,183 CRIME PREVENTION 175 109 750 - 980 980 - (0) BOOK & PERIODICALS 1,596 1,226 1,000 - 1,000 53 - 947 UNIFORMS 40,474 34,739 37,500 - 37,500 6,827 - 30,673 AWARDS AND RECOGNITION 313 2,561 2,000 - 2,000 50 - 1,950 BODY ARMOR 8,640 5,084 13,320 - 13,320 200 - 13,120 CRIME PREVENTION 1,136 1,318 1,000 - 1,000 408 - 592 Total: Supplies/Uniforms 50,563 43,702 53,820 - 53,820 7,485 - 46,335 Total: Supplies 189,602 170,922 181,270 1,381 180,901 71,211 1,381 108,309 Machinery & Equipment FURNITURE & FIXTURES 3,138 769 2,000 - 1,000 508 - 492 COMPUTER / SOFTWARE 8,495 4,797 - - - - - - OTHER EQUIPMENT - - - - - - - - CRIME PREVENTION MATERIALS 3,351 3,829 7,500 - 5,328 194 - 5,134 ICOP STORAGE 84 235 750 - 750 218 - 532 TRAINING AIDS 1,286 488 500 - 250 90 - 160 FIRE EXTINGUISHERS - - 250 - 500 205 - 295 TICKET PRINTERS 1,411 2,091 4,000 - 5,500 2,712 - 2,788 SWAT - 5,861 7,500 - 7,500 16 - 7,484 PATROL EQUIPMENT 10,370 6,963 6,500 8,204 14,704 3,212 8,204 3,288 VEHICLE EQUIPMENT 7,644 - - - - - - - CELL PHONES 873 465 500 - 500 159 - 341 WEAPONRY 13,199 28,806 8,000 2,375 10,375 7,192 2,375 808 MOTOROLA RADIOS 162,469 4,703 5,000 - 5,000 - - 5,000 Total: Other Equipment 200,686 53,440 40,500 10,579 50,407 13,999 10,579 25,829 OTHER EQUIPMENT/INVESTIGATIONS CRIME SCENE EQUIP -CID 2,796 5,132 4,000 - 4,000 - - 4,000 Total: Other Equipment/Investigations - - - - - - - - Total: Machinery & Equipment 215,115 64,137 46,500 10,579 55,407 14,507 10,579 30,321 Total: Police 3,915,311 4,026,141 4,731,094 19,925 4,751,019 1,880,771 15,863 2,854,384 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Vehicle Repair and Maintenance 7,966 2. Ammunition 1,381 3. Patrol Equipment 8,204 4. Weaponry 2,375 Total Increase 19,925 $ 19,925 Amendment Reason TOTAL BUDGET AMENDMENTS Increase to account for insurance proceeds received Increase to account for Milton First Repsonders donation Increase to account for Milton First Repsonders donation Increase to account for Milton First Repsonders donation Fire Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 3,290,686 3,542,210 3,870,680 - 3,870,680 1,467,268 - 2,403,412 SALARIES AND WAGES / OVERTIME 134,531 123,300 80,000 - 80,000 43,636 - 36,364 SALARIES AND WAGES / ON-CALL PAY 4,878 6,635 7,980 - 7,980 1,794 - 6,186 SALARIES AND WAGES / HOLIDAY PAY 191,286 184,377 156,176 - 156,176 93,806 - 62,370 Total: Salaries & Wages 3,621,381 3,856,522 4,114,836 - 4,114,836 1,606,505 - 2,508,331 Employee Benefits GROUP INSURANCE 615,414 - - - - - - - MEDICAL INSURANCE - 600,668 718,706 - 718,706 238,804 - 479,902 DENTAL INSURANCE - 52,977 56,196 - 56,196 18,084 - 38,112 VISION INSURANCE - 10,750 13,167 - 13,167 3,608 - 9,559 LIFE INSURANCE - 18,164 20,195 - 20,195 6,411 - 13,784 AD&D INSURANCE - 501 715 - 715 177 - 538 SHORT TERM DISABILITY - 3,805 4,158 - 4,158 992 - 3,166 LONG TERM DISABILITY - 13,806 15,317 - 15,317 4,890 - 10,427 401A (SS MATCH) 140,788 157,918 167,021 - 167,021 68,971 - 98,050 FICA MEDICARE 49,896 53,456 56,131 - 56,131 22,284 - 33,848 401A ER MATCH OF 457B CONTRIBUTIONS 48,435 72,842 137,092 - 137,092 37,789 - 99,303 PENSION (GMEBS) 325,188 291,334 267,716 - 267,716 88,737 - 178,979 TUITION REIMBURSEMENT 21,902 11,358 25,200 - 25,200 3,522 - 21,678 UNEMPLOYMENT INSURANCE 3,239 2,705 3,100 - 3,100 2,349 - 751 WORKER'S COMPENSATION 85,895 79,764 85,000 - 85,000 64,537 - 20,463 FSA/HSA/HRA CONTRIBUTIONS 13,125 55,025 60,078 - 60,078 44,955 - 15,123 Total: Employee Benefits 1,303,882 1,425,074 1,629,792 - 1,629,792 606,110 - 1,023,682 Purchased Professional and Technical Services PROFESSIONAL FEES 175 - - - - - - - HEALTH & WELLNESS PROGRAM 18,295 16,870 17,995 - 17,995 16,830 555 610 TLAER TRAINING INSTRUCTOR 1,500 1,500 5,044 - 4,404 - - 4,404 MEDICAL DIRECTION 20,000 20,731 20,750 - 20,750 - - 20,750 BIO HAZARD WASTE DISPOSAL 1,047 970 1,500 - 1,500 377 - 1,123 ARSON INVESTIGATION/LAB FEES 1,355 986 1,500 - 1,500 - - 1,500 EMPLOYMENT BACKGROUND CHECKS - 949 320 - 320 - - 320 Total: Professional Fees 42,372 42,005 47,109 - 46,469 17,207 555 28,707 GARBAGE PICKUP 8,921 9,260 10,320 - 10,320 5,625 - 4,695 EQUIPMENT REPAIR & MAINT STATION EQUIPMENT R & M 7,191 21,558 31,181 - 31,181 6,335 2,110 22,736 BREATHING APPARATUS TESTING/REPAIR 7,746 5,160 7,042 - 7,042 1,255 - 5,787 INSPECT/REPAIR HYD. RESCUE TOOLS - 806 7,600 - 7,600 - - 7,600 APPARATUS R&M INCLUDING PUMP TEST 56,302 77,562 121,190 4,589 125,779 27,783 15,912 82,084 GAS DETECTOR REPAIR - - 2,465 - 2,465 280 - 2,185 NOZZLES, VALVES, APPLIANCES, HOSE 8,797 12,234 7,058 - 7,058 - - 7,058 ANNUAL HYDRANT MAINTENANCE 2,580 3,011 3,388 - 3,388 216 2,484 688 LADDER TESTING 1,319 2,555 2,600 - 2,600 - - 2,600 THERMAL IMAGING CAMERA MAINTENANCE - - 1,000 - 1,000 - - 1,000 Total: Equipment Repair & Maintenance 83,935 122,886 183,524 4,589 188,113 35,868 20,506 131,739 FACILITY REPAIR & MAINT 9,926 1,561 13,480 - 13,480 - 1,050 12,430 GROUNDS REPAIR & MAINT 34,222 27,167 20,268 - 20,268 11,140 3,370 5,758 Total: Purchased Professional and Technical Services 179,376 202,879 274,701 4,589 278,650 69,840 25,481 183,329 Purchased-Property Services RENTAL LAND & BUILDINGS - - - - - - - - AWARDS BANQUET 4,015 4,787 1,800 1,833 3,633 3,316 - 317 Total: Rental Land & Buildings 4,015 4,787 1,800 1,833 3,633 3,316 - 317 RENTAL EQUIP & VEHICLES - - - - - - - - Total: Purchased-Property Services 4,015 4,787 1,800 1,833 3,633 3,316 - 317 Other Purchased Services COMMUNICATIONS 16,240 17,538 18,600 - 18,600 7,809 - 10,791 POSTAGE 155 83 500 - 500 86 - 414 PRINTING 320 366 800 - 800 279 - 521 TRAVEL 622 832 100 - 1,299 1,299 - (0) GA FIRE CHIEF'S CONFERENCE 498 707 1,660 - 1,458 - - 1,458 INTERNATIONAL ASSOC OF FIRE CHIEFS 440 1,503 3,993 - 3,993 - - 3,993 SOUTHEASTERN FIRE CHIEFS ASSOC - 5 2,301 - 2,301 - - 2,301 FDIC 5,553 - 5,700 - 5,700 736 - 4,964 GA EMS & EDUCATORS CONFERENCE 1,299 932 940 - 940 - - 940 ARSON SEMINAR 419 - 2,340 - 2,340 - - 2,340 FY 2018 Actuals FY 2016 Actuals FY 2017 Fire Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) FY 2018 Actuals FY 2016 Actuals FY 2017 FIRE INSPECTOR SYMPOSIUM 103 - 270 - 270 - - 270 NFA EXECUTIVE FIRE OFFICER PROGRAM 585 296 - - - - - - Total: Travel 9,518 4,274 17,304 - 18,301 2,035 - 16,266 DUES AND FEES 99 37 - - 99 99 - - SUBSCRIPTIONS 100 80 210 - 210 80 - 130 NATIONAL REGISTRY 145 20 440 - 440 30 - 410 GA STATE EMS RECERTIFICATION - 2,550 1,800 - 1,875 1,875 - - INTERNATIONAL ASSOC OF EMERG MGT 185 190 440 - 440 190 - 250 INTERNATIONAL ASSOC OF FIRE CHIEFS 1,448 1,026 2,065 - 2,065 260 - 1,805 NATIONAL FIRE PROTECTION AGENCY 1,583 1,521 1,600 - 1,600 1,521 - 80 GA ASSOC OF FIRE CHIEFS 413 735 700 - 700 - - 700 CPSE CFO RECERTIFICATION - - 750 - 750 - - 750 GEORGIA FIRE INVESTIGATOR ASSOCIATION 80 25 75 - 75 - - 75 ADVANCED CARDIOVASCULAR LIFE SUPPORT 216 282 366 - 366 - - 366 PEDIATRIC ADVANCED LIFE SUPPORT 300 252 366 - 366 30 - 336 PREHOSPITAL TRAMA LIFE SUPPORT 270 240 300 - 300 - - 300 ADVANCED MEDICAL LIFE SUPPORT 320 210 300 - 300 - - 300 EMERGENCY PEDIATRIC CARE - 210 300 - 300 - - 300 ALTERNATIVE FUEL HWY IMPACT FEE 667 650 900 - 900 750 - 150 Total: Dues & Fees 5,825 8,028 10,612 - 10,786 4,835 - 5,952 EDUCATION & TRAINING 1,090 1,853 - - - - - - PROFESSIONAL DEVELOPMENT 811 1,568 3,000 - 2,379 79 - 2,300 MGMT PROFESSIONAL DEV 1,154 - - - - - - - GA FIRE CHIEF'S CONFERENCE 225 250 300 - 300 - - 300 INTERNATIONAL ASSOC OF FIRE CHIEFS - 1,250 2,115 - 2,115 - - 2,115 SOUTHEASTERN FIRE CHIEFS ASSOC - - 300 - 300 - - 300 FDIC 2,180 - 1,635 - 1,725 1,725 - - GA EMS & EDUCATORS CONFERENCE 260 200 250 - 250 - - 250 ARSON SEMINAR - 125 150 - 150 - - 150 FIRE INSPECTOR SYMPOSIUM - - 300 - 300 - - 300 IN-HOUSE PARAMEDIC CLASS - 28,434 22,000 - 22,000 - - 22,000 Total: Education & Training 5,720 33,680 30,050 - 29,519 1,804 - 27,715 CONTRACT LABOR - 15,950 - - - - - - MAINTENANCE CONTRACTS - - - - - - - - RADIO SYSTEM FEES 804 62,209 83,489 - 83,489 47,459 - 36,030 PEST CONTROL - FIRE STATIONS 1,248 453 849 - 849 185 - 664 FIRE EXTINGUISHER INSPECT. 2,469 2,919 3,000 - 3,000 1,202 - 1,798 CODE RED MAINTENANCE 12,000 12,000 12,000 - 12,000 12,000 - - LIFEPAK MAINTENANCE 10,123 8,442 8,701 - 8,701 8,160 - 541 FUEL MASTER - 873 885 - 885 825 - 60 FIREHOUSE - - 9,620 - 9,620 5,780 - 3,840 EMS TRAINING AIDS/TARGET SOLUTIONS - - 6,665 - 6,665 5,609 - 1,056 MASS NOTIFICATION SIRENS - - - 1,800 1,800 1,800 - - Total: Maintenance Contracts 26,643 86,895 125,209 1,800 127,009 83,020 - 43,989 Total: Other Purchased Services 64,421 166,814 203,075 1,800 205,515 99,868 - 105,648 Supplies GENERAL SUPPLIES/SUPPRESSION 13,060 12,970 14,000 - 14,000 6,309 - 7,691 OXYGEN REFILLS 1,016 142 2,200 - 2,200 450 - 1,750 MEDICAL SUPPLIES 17,656 22,670 21,600 - 21,600 7,131 4,665 9,804 Total: General Supplies/Suppression 31,732 35,782 37,800 - 37,800 13,890 4,665 19,245 GENERAL SUPPLIES/PREVENTION - - - - - - - - PREVENT. & EDU MAT. 2,966 2,441 3,500 - 3,500 1,991 - 1,509 HEART READY CITY PGR 3,032 2,620 5,160 - 5,160 1,211 - 3,949 Total: General Supplies/Prevention 5,999 5,060 8,660 - 8,660 3,202 - 5,458 WATER / SEWAGE 4,151 4,152 4,000 - 4,000 1,176 - 2,824 NATURAL GAS 11,547 11,351 13,200 - 13,200 2,264 - 10,937 ELECTRICITY 22,315 25,468 22,800 - 22,800 8,957 - 13,843 GASOLINE/DIESEL 28,278 44,825 42,000 - 42,000 22,546 - 19,454 FOOD/MEALS 594 1,054 800 - 800 191 - 609 BOOKS & PERIODICALS/TRAINING MATERIALS 1,274 9,867 5,600 - 5,600 1,100 - 4,500 TELECOMMUNICATIONS 3,660 5,701 6,720 - 6,720 4,020 - 2,700 UNIFORMS - - - - - - - - FIRE STANDARD UNIFORMS 28,314 32,411 34,970 - 34,970 8,368 14,205 12,397 TURN OUT GEAR 11,075 65,774 85,831 4,886 90,717 33,390 41,893 15,434 CLASS A UNIFORMS 11,231 2,536 3,500 - 3,500 320 1,180 2,000 Fire Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) FY 2018 Actuals FY 2016 Actuals FY 2017 Total: Uniforms 50,621 100,721 124,301 4,886 129,187 42,078 57,278 29,831 Total: Supplies 160,169 243,981 265,881 4,886 270,767 99,423 61,943 109,401 Machinery & Equipment MACHINERY & EQUIPMENT / MACHINERY 49 185 - - - - - - FURNITURE & FIXTURES - - 5,315 - 5,315 887 - 4,428 FURNITURE & FIXTURES / PREVENTION 7,352 5,848 - - - - - - OTHER EQUIPMENT 5,578 - - - - - - - SMALL EQUIPMENT 15,836 17,585 25,519 - 25,519 19,612 - 5,907 EMS TRAINING AIDS 1,958 - 7,900 - 7,900 7,089 0 810 RADIO CHARGERS & SPARE BATTERIES 659 - 3,835 - 3,835 1,036 - 2,799 CELL PHONES 174 150 1,000 - 1,000 28 - 972 MOTOROLA RADIOS 107,849 34,629 46,080 - 46,080 58 37,628 8,394 Total: Other Equipment 132,054 52,364 84,334 - 84,334 27,823 37,628 18,882 Total: Machinery & Equipment 139,456 58,397 89,649 - 89,649 28,710 37,628 23,310 STATION 43 CAPITAL LEASE PRINCIPAL 152,767 305,038 320,010 - 320,010 320,010 - (0) STATION 43 CAPITAL LEASE INTEREST 68,177 56,942 41,603 - 41,603 41,603 - 0 Total: Capital Lease Payments 220,944 361,979 361,613 - 361,613 361,613 - 0 Total: Fire 5,693,645 6,320,432 6,941,347 13,108 6,954,455 2,875,384 125,052 3,954,018 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Apparatus Repair and Maintenance 4,589 2. Awards Banquet 1,833 3. Mass Notification Sirens 1,800 4. Turn Out Gear 4,886 Total Increase 13,108 $ 13,108 TOTAL BUDGET AMENDMENTS Amendment Reason Increase to account for insurance proceeds received Increase to account for prior year donations and city funding Increase to account for maintenance costs originally budgeted in the Capital Projects Fund Increase to account for insurance proceeds and deductible received Public Works Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 673,246 681,885 681,796 - 681,035 276,703 - 404,332 SALARIES & WAGES/OVERTIME 744 1,742 800 - 1,561 1,561 - (0) SALARIES & WAGES/ON-CALL PAY 7,211 4,033 7,800 - 7,800 2,671 - 5,129 Total: Salaries & Wages 681,201 687,660 690,396 - 690,396 280,936 - 409,460 Employee Benefits GROUP INSURANCE 101,694 - - - - - - - MEDICAL INSURANCE - 100,742 111,620 - 111,620 44,649 - 66,971 DENTAL INSURANCE - 8,468 8,920 - 8,920 3,196 - 5,724 VISION INSURANCE - 1,731 2,090 - 2,090 582 - 1,508 LIFE INSURANCE - 3,291 3,596 - 3,596 1,154 - 2,442 AD&D INSURANCE - 91 123 - 123 32 - 91 SHORT TERM DISABILITY - 609 660 - 660 162 - 498 LONG TERM DISABILITY - 2,510 2,724 - 2,724 881 - 1,843 401A (SS MATCH) 27,791 29,657 33,624 - 33,624 13,049 - 20,575 FICA MEDICARE 9,395 9,447 10,568 - 10,568 3,849 - 6,719 401A ER MATCH OF 457B CONTRIBUTIONS 12,121 19,764 35,189 - 35,189 11,857 - 23,332 PENSION (GMEBS) 59,984 44,110 38,848 - 38,848 16,707 - 22,141 TUITION REIMBURSEMENT - - - - - - - - UNEMPLOYMENT INSURANCE 602 584 700 - 700 422 - 278 WORKER'S COMPENSATION 13,307 15,942 16,764 - 16,764 12,573 - 4,191 FSA/HSA/HRA CONTRIBUTIONS 2,625 11,925 9,690 - 9,690 6,625 - 3,065 Total: Employee Benefits 227,519 248,871 275,116 - 275,116 115,738 - 159,378 Purchased Professional and Technical Services PROFESSIONAL FEES 30,793 16,173 - - - - - - ENGINEERING & SURVEYING SERVICES 3,911 3,000 76,140 50,000 60,000 14,203 5,798 40,000 CONSTRUCTION INSPECTION SERVICES - - 150,800 - 150,800 19,703 130,297 800 LIDAR DATA UPDATE - - 10,200 - 7,700 - - 7,700 Total: Professional Fees 34,704 19,173 237,140 50,000 218,500 33,906 136,095 48,500 CONTRACTED LOWE ENGINEERING - - - - 68,640 24,655 43,985 - DUMPSTER FEES - - 12,225 - 12,225 2,000 - 10,225 Total: Professional Fees/Contracted - - 12,225 - 80,865 26,655 43,985 10,225 EQUIPMENT REPAIR & MAINT - 1,373 3,150 - 11,670 11,670 - 0 VEHICLE REPAIR & MAINT 9,897 8,872 7,920 - 12,920 8,167 2,655 2,098 Total: Purchased Professional and Technical Services 44,601 29,418 260,435 50,000 323,955 80,397 182,735 60,823 Purchased-Property Services RENTAL EQUIPMENT & VEHICLES - - - - - - - - Total: Purchased-Property Services - - - - - - - - Other Purchased Services COMMUNICATIONS 4,591 6,062 7,020 - 7,020 2,388 - 4,632 POSTAGE - 109 50 - 50 - - 50 ADVERTISING - - - - 56 56 - (0) OTHER PURCHASED SERVICES: Guardrail Repair 2,612 9,934 - - - - - - PRINTING 487 619 200 - 144 144 - - TRAVEL 241 64 585 - 585 17 - 568 APWA CLASS 628 1,006 1,710 - 1,710 435 - 1,276 ITE SEMINAR 184 193 585 - 585 - - 585 GIS CONFERENCE 5,164 2,306 1,475 - 1,475 - - 1,475 ASHE TECHNICAL SEMINAR 50 90 - - - - - - NPPC - 1,203 1,216 - 1,216 - - 1,216 Total: Travel 6,267 4,862 5,571 - 5,571 452 - 5,120 DUES AND FEES - 110 224 - 224 - - 224 PE LICENSE - 100 - - - - - - APWA 363 374 570 - 570 - - 570 IMSA 170 190 300 - 300 - - 300 ASHE - 15 50 - 50 - - 50 ITE - - 225 - 225 - - 225 CFM 13 - - - - - - - IECA 510 - 155 - 155 154 - 1 SFPMA - 70 305 - 305 160 - 145 ISA - - 130 - 130 - - 130 GAA 150 - 150 - 150 - - 150 GUFC - - 175 - 175 - - 175 CPESC 250 - 135 - 135 - - 135 FY 2018 Actuals FY 2016 Actuals FY 2017 Public Works Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) FY 2018 Actuals FY 2016 Actuals FY 2017 CPSWQ 125 - 135 - 135 - - 135 ALTERNATE FUEL HWY IMPACT FEE 102 100 - - 100 100 - - Total: Dues & Fees 1,683 959 2,330 - 2,430 414 - 2,016 EDUCATION & TRAINING 70 873 450 - 214 15 - 199 APWA 435 490 400 - 460 460 - - LEVEL II SIGNING & MARKING - - 770 - 770 - - 770 CONTINUING EDUCATION 99 - 1,000 - 1,000 - - 1,000 ASHE TECHNICAL SEMINAR 110 - 50 - 50 - - 50 ITE TECHNICAL SEMINAR - - 130 - 130 - - 130 GA TRANSPORTATION SUMMIT 250 125 260 - 260 - - 260 IMSA 1,250 - 500 - 500 - - 500 GSWCC 180 - - - - - - - CPESC - - 100 - 276 276 - - CESSWI - - 125 - 125 - - 125 ARBORIST - - 70 - 70 - - 70 Total: Education & Training 2,394 1,488 3,855 - 3,855 751 - 3,104 CONTRACT LABOR - - 11,851 - 11,851 11,822 - 29 ROW MAINTENANCE - - 387,485 - 387,485 125,145 260,531 1,809 ROW MOWINGS - - 93,127 - 93,127 6,912 69,520 16,695 SIGNAL MAINTENANCE - - 16,045 - 16,045 4,080 6,150 5,815 TREE REMOVAL - - 12,500 - 7,500 - - 7,500 EMERGENCY SERVICES ALLOWANCE - - 16,700 16,243 32,943 32,943 - 1 Total: Contract Labor - - 537,708 16,243 548,951 180,901 336,201 31,849 MAINTENANCE CONTRACTS RADIO SYSTEM FEES 61 - 22,400 - 22,400 - - 22,400 ARC GIS - - 48,400 - 48,400 2,567 33,167 12,667 MICROPAVER - - 1,500 - 1,500 - - 1,500 HIPERWEB - - 15,540 - 15,540 6,667 - 8,873 Total: Maintenance Contracts - - 15,540 - 15,540 6,667 - 8,873 OTHER PURCHASED SERVICES - - - 1,460 1,460 1,460 - - GUARDRAIL REPAIR - - 7,500 - 7,500 - - 7,500 NPDES PERMIT COMPLIANCE - - 5,000 - 5,000 422 - 4,578 Total: Other Purchased Services 18,095 24,033 657,298 17,703 670,101 196,221 369,367 104,513 Supplies GENERAL SUPPLIES 846 378 1,000 - 1,000 44 - 956 MATERIALS ALLOWANCE - - 37,500 - 37,500 24,348 5,533 7,619 Total: General Supplies 846 378 38,500 - 38,500 24,393 5,533 8,574 ELECTRICITY 395,307 395,113 409,800 - 409,770 165,640 - 244,130 GASOLINE/DIESEL 6,241 13,051 12,543 - 12,543 6,878 - 5,665 FOOD/MEALS 68 208 400 - 430 430 - (0) UNIFORMS 1,929 2,808 2,150 - 2,050 388 - 1,662 Total: Supplies 404,391 411,558 463,393 - 463,293 197,729 5,533 260,031 Infrastructure ROW MAINTENANCE 488,996 300,030 - - - - - - SIGNAL MAINTENANCE 31,329 19,646 - - - - - - EMERGENCY SERVICES ALLOWANCE 5,050 5,810 - - - - - - MATERIALS ALLOWANCE 22,027 25,277 - - - - - - TREE REMOVAL 16,475 21,511 - - - - - - DUMPSTER FEES 7,007 11,250 - - - - - - SIGNAL MATERIALS 10,182 18,251 - - - - - - SIGN MATERIALS 6,415 11,389 - - - - - - ROW MOWINGS - 69,991 - - - - - - Total: Infrastructure 587,482 483,154 - - - - - - Machinery & Equipment COMPUTER / SOFTWARE - - 6,000 - 6,000 - - 6,000 OTHER EQUIPMENT 2,199 19,473 7,500 - 12,500 10,494 - 2,006 TOOLS/BATTERIES/CHEMICALS 5,345 4,703 - - - - - - SIGNAL MATERIALS - - 30,000 - 21,480 1,841 13,159 6,480 SIGN MATERIALS - - 15,000 - 10,000 5,034 - 4,966 CELL PHONES 633 175 300 - 300 - - 300 Total: Other Equipment 8,177 24,351 52,800 - 44,280 17,368 13,159 13,753 Total: Machinery & Equipment 8,177 24,351 58,800 - 50,280 17,368 13,159 19,753 Total: Public Works 1,971,467 1,909,045 2,405,438 67,703 2,473,141 888,389 570,794 1,013,958 Public Works Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) FY 2018 Actuals FY 2016 Actuals FY 2017 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Professional Fees 50,000 2. Emergency Services Allowance 16,243 3. Mass Notification Sirens 1,460 Total Increase 67,703 $ 67,703 TOTAL BUDGET AMENDMENTS Amendment Reason Increase to account for costs assocaited with hiring a third-party arborist Increase to account for costs assocaited with FY18 storm clean up Increase to account for insurance proceeds received Parks and Recreation Account Name Amended Budget (1/29/18) Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 166,360 154,480 162,906 - 162,906 61,422 - 101,484 SALARIES & WAGES/JOYFUL SOLES - 29,182 37,704 - 37,704 - - 37,704 SALARIES & WAGES/OVERTIME - 77 - - - - - - Total: Salaries & Wages 166,360 183,738 200,610 - 200,610 61,422 - 139,188 Employee Benefits GROUP INSURANCE 25,524 - - - - - - - MEDICAL INSURANCE - 29,027 22,324 - 22,324 9,054 - 13,270 DENTAL INSURANCE - 2,342 1,784 - 1,784 622 - 1,162 VISION INSURANCE - 468 418 - 418 126 - 292 LIFE INSURANCE - 801 838 - 838 275 - 563 AD&D INSURANCE - 22 28 - 28 8 - 20 SHORT TERM DISABILITY - 129 132 - 132 32 - 100 LONG TERM DISABILITY - 596 607 - 607 206 - 401 401A (SS MATCH) 7,409 8,339 9,374 - 9,374 2,888 - 6,486 FICA MEDICARE 2,197 2,449 2,792 - 2,792 834 - 1,958 401A ER MATCH OF 457B CONTRIBUTIONS 6,068 8,037 8,412 - 8,412 3,184 - 5,228 PENSION (GMEBS) 8,805 8,993 8,880 - 8,880 4,411 - 4,469 UNEMPLOYMENT INSURANCE 249 194 550 - 550 80 - 470 WORKER'S COMPENSATION 4,405 3,602 4,200 - 4,200 3,184 - 1,016 FSA/HSA/HRA CONTRIBUTIONS 1,125 2,000 1,938 - 1,938 2,000 - (62) Total: Employee Benefits 55,781 67,000 62,277 - 62,277 26,904 - 35,373 Purchased Professional and Technical Services PROFESSIONAL FEES 10,487 3,169 5,750 - 5,750 - - 5,750 Total: Professional Fees - - - - - - - - CONTRACTED - - - - - - - - PARK MOWING & LITTER PICKUP 264,181 271,008 - - - - - - Total: Professional Fees/Contracted 264,181 271,008 - - - - - - MCC CLEANING - - - 2,800 2,800 - - 2,800 MCC GARBAGE PICKUP - - - 1,500 1,500 - - 1,500 FACILITY REPAIR & MAINT 13,391 12,095 12,000 - 12,000 3,915 - 8,085 LIGHTING MAINTENANCE 497 1,584 1,000 - 1,000 1,404 - (404) MCC DINSMORE ROAD - - - 8,000 8,000 6,538 - 1,462 Total: Facility Repair & Maintenance 13,889 13,679 13,000 8,000 21,000 11,857 - 9,143 VEHICLE REPAIR & MAINT 1,520 1,231 2,105 - 2,105 57 - 2,048 GROUNDS REPAIR & MAINT 23,093 104,381 50,000 - 50,000 6,295 - 43,705 MCC GROUNDS REPAIR & MAINT - - - 30,000 30,000 567 - 29,433 Total: Purchased Professional and Technical Services 313,169 393,469 70,855 42,300 113,155 18,776 - 94,379 Purchased-Property Services RENTAL LAND & BUILDINGS - - - - - - - - FCBOE LEASE 26,006 21,583 21,000 - 21,000 4,713 - 16,287 JOYFUL SOLES - - 11,000 - 11,000 - - 11,000 Total: Rental Land & Buildings 26,006 21,583 32,000 - 32,000 4,713 - 27,287 RENTAL EQUIPMENT & VEHICLES 8,973 8,955 15,700 - 15,700 - 7,350 8,350 Total: Purchased-Property Services 34,978 30,538 47,700 - 47,700 4,713 7,350 35,637 Other Purchased Services COMMUNICATIONS 1,270 1,556 1,440 - 1,440 955 - 485 MCC PHONE SERVICE - - - 750 750 - - 750 Total: Communications 1,270 1,556 1,440 750 1,440 955 - 485 POSTAGE 6 69 50 - 50 - - 50 ADVERTISING - 436 - - - - - - PRINTING 65 561 300 - 300 195 - 105 TRAVEL: Nat'l GRPA, Meals & Mileage 658 582 2,000 - 2,000 738 - 1,262 DUES AND FEES: GRPA Dues 735 655 1,600 - 1,600 926 - 674 ADMISSION FEES 1,608 2,498 4,700 - 4,700 - - 4,700 EDUCATION & TRAINING: Nat'l RPA 400 2,200 1,500 - 1,500 60 - 1,440 CONTRACT LABOR: For programs & activities 4,940 360 - - - 250 - (250) JOYFUL SOLES - 4,665 8,100 - 8,100 - - 8,100 PARK MOWING & LITTER PICKUP - 4 260,000 - 260,000 74,430 110,009 75,562 MCC DINSMORE ROAD MOWING - - - 42,000 42,000 - - 42,000 MCC DINSMORE ROAD POOL - - - 45,450 45,450 - 110,009 (64,559) IGA-ALPHARETTA PARKS & REC 435,916 362,607 350,000 115,436 465,436 - - 465,436 PEST CONTROL-P&R FACILITIES 2,330 2,310 650 600 1,250 458 - 793 REC1 - 900 1,200 - 1,200 500 - 700 PORTABLE TOILET RENTAL 1,625 3,266 4,095 - 4,095 840 - 3,255 Actuals FY 2017 FY 2018 Actuals FY 2016 Parks and Recreation Account Name Amended Budget (1/29/18) Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) Actuals FY 2017 FY 2018 Actuals FY 2016 Total: Other Purchased Services 449,554 382,669 635,635 204,236 839,871 79,351 220,017 540,503 Supplies GENERAL SUPPLIES 21,357 23,131 13,000 - 13,000 1,263 - 11,737 JOYFUL SOLES - 2,543 4,000 - 4,000 - - 4,000 MCC SUPPLIES - - - 2,500 2,500 417 - 2,083 WATER/SEWERAGE 34,168 27,583 55,000 - 55,000 1,537 - 53,463 MCC WATER/SEWERAGE - - - 2,000 2,000 327 - 1,673 NATURAL GAS 1,406 1,242 500 - 500 248 - 252 MCC NATURAL GAS - - - 1,400 1,400 - - 1,400 ELECTRICITY 31,232 35,688 36,000 - 36,000 13,300 - 22,700 MCC ELECTRICITY - - - 18,400 18,400 96 - 18,304 GASOLINE 448 422 500 - 500 382 - 118 FOOD/MEALS 1,892 1,428 400 - 400 65 - 335 JOYFUL SOLES - - 300 - 300 - - 300 UNIFORMS 272 255 250 - 250 - - 250 Total: Supplies/Uniforms 90,776 92,293 109,950 24,300 134,250 17,636 - 116,614 Machinery & Equipment FURNITURE & FIXTURES 120 21 500 - 500 352 - 148 OTHER EQUIPMENT 8,015 - - - - 4,560 - (4,560) Total Machinery & Equipment 8,135 21 500 - 500 4,912 - (4,412) Total: Parks & Recreation 1,118,753 1,149,728 1,127,527 270,836 1,398,363 213,714 227,367 957,282 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Multiple Accounts 16,150 2. Grounds Repair and Maintenance 30,000 3. Park Mowing 42,000 4. MCC Pool Operations 45,450 5. Utilities 21,800 6. IGA-Alpharetta P&R 115,436 Total Increase 270,836 $ 270,836 TOTAL BUDGET AMENDMENTS Amendment Reason Increase to account for cleaning, supplies and other miscellaneous costs associated with operating the Milton County Club Property on Dinsmore Road Increase to account for grounds repair and maintenance costs associated with the Milton County Club property on Dinsmore Road Increase to account for park mowing costs associated with the Milton County Club property on Dinsmore Road Increase to account for pool operation costs associated with the Milton County Club property on Dinsmore Road Increase to account for utility costs associated with the Milton County Club property on Dinsmore Road Increase to account for expanded use of Alpharetta P&R programs by Milton resdients Community Development Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Budget Remaining (after adj) Salaries & Wages SALARIES & WAGES/REGULAR EMPLOYEES 463,528 637,682 721,195 - 721,195 275,485 445,710 SALARIES & WAGES/OVERTIME - 324 - - - 324 (324) Total: Salaries & Wages 463,528 638,005 721,195 - 721,195 275,808 445,387 Employee Benefits GROUP INSURANCE 64,996 - - - - - - MEDICAL INSURANCE - 85,878 111,620 - 111,620 33,013 78,607 DENTAL INSURANCE - 6,951 8,920 - 8,920 2,372 6,548 VISION INSURANCE - 1,345 2,090 - 2,090 476 1,614 LIFE INSURANCE - 2,696 3,627 - 3,627 1,170 2,457 AD&D INSURANCE - 74 124 - 124 32 92 SHORT TERM DISABILITY - 501 660 - 660 140 520 LONG TERM DISABILITY - 2,048 2,691 - 2,691 884 1,807 401A (SS MATCH) 17,398 26,332 34,050 - 34,050 12,339 21,711 FICA MEDICARE 6,464 8,837 10,363 - 10,363 3,804 6,559 401A ER MATCH OF 457B CONTRIBUTIONS 3,214 5,364 30,921 - 30,921 6,253 24,668 PENSION (GMEBS) 29,391 41,160 42,923 - 42,923 16,471 26,452 UNEMPLOYMENT INSURANCE 409 479 700 - 700 416 284 WORKER'S COMPENSATION 2,525 3,201 3,993 - 3,993 2,013 1,980 FSA/HSA/HRA CONTRIBUTIONS 1,500 5,000 9,690 - 9,690 7,700 1,990 Total: Employee Benefits 125,896 189,867 262,372 - 262,372 87,085 175,287 Purchased Professional and Technical Services PROFESSIONAL FEES 8,238 3,950 75,000 5,000 80,000 - 80,000 BULKY TRASH 1,500 1,042 2,300 - 2,300 500 1,800 HAZARDOUS WASTE COLLECTION 16,612 20,927 24,000 - 24,000 - 24,000 TDR EASEMENT RECORDING 78 - 500 - 500 - 500 Total: Professional Fees 26,428 25,918 101,800 5,000 106,800 500 106,300 CONTRACTED - - - - - - - VEHICLE REPAIR & MAINT 314 1,707 2,000 - 2,000 - 2,000 Total: Purchased Professional and Technical Services 26,742 27,626 103,800 5,000 108,800 500 108,300 Other Purchased Services COMMUNICATIONS 2,557 4,975 6,180 - 6,180 2,039 4,141 POSTAGE 716 179 300 - 300 - 300 ADVERTISING 4,989 5,026 5,000 - 5,000 1,907 3,093 PRINTING 3,472 2,872 4,300 - 4,300 885 3,415 TRAVEL 5 16 - - - 8 (8) GPA CONFERENCE 1,405 861 800 - 800 49 751 GAZA CONFERENCE 377 646 400 - 400 - 400 APA NATIONAL CONFERENCE - - 900 - 900 - 900 GACE CONFERENCE - 1,299 1,432 - 1,432 311 1,122 BOARDS & COMMISSIONS TRAINING - - 500 - 500 - 500 STORMWATER TRAINING (NPDES FUNDS) - 90 - - - - - GA URBAN FORESTRY COUNCIL CONFERENCE 800 456 800 - 800 165 635 SUSTAINABILITY COORDINATOR TRAVEL - 323 400 - 400 320 80 Total: Travel 2,587 3,690 5,232 - 5,232 853 4,379 DUES AND FEES 42 - - - - - - GACE MEMBERSHIP - 104 100 - 100 395 (295) GA URBAN FORESTRY COUNCIL 35 - 100 - 100 - 100 TREE CARE INDUSTRY ASSOC - 50 - - - - - GAZA MEMBERSHIP - - 50 - 50 - 50 APA MEMBERSHIP 1,441 1,345 1,200 - 1,200 - 1,200 AIA - - 90 - 90 - 90 U.S. GREEN BUILDING COUNCIL - - 65 - 65 - 65 ENVIRONMENTAL EDUCATION ALLIANCE - - 35 - 35 - 35 SUSTAINABILITY COORDINATOR DUES & FEES 25 35 400 - 400 125 275 INTERNATIONAL CODE COUNCIL (ICC) - - 210 - 210 - 210 LANDSCAPE ARCHITECT - - 325 - 325 155 170 Total: Dues and Fees 1,543 1,534 2,575 - 2,575 675 1,900 EDUCATION & TRAINING - - - - - - - GPA CONFERENCE 695 740 600 - 600 - 600 FY 2018 Actuals FY 2016 Actuals FY 2017 26 of 41 Community Development Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Budget Remaining (after adj) FY 2018 Actuals FY 2016 Actuals FY 2017 GAZA CONFERENCE 335 - 300 - 300 - 300 APA NATIONAL CONFERENCE 155 - 800 - 800 - 800 GACE CONFERENCE - 1,056 760 - 760 - 760 BOARDS & COMMISSIONS TRAINING 150 281 1,400 - 1,400 450 950 NPDES - 125 - - - - - CITY ARCHITECT - CON'T ED - 90 100 - 100 - 100 NATIONAL TRUST FOR HISTORIC PRESERVATION - - 50 - 50 - 50 GA URBAN FORESTRY COUNCIL - 420 500 - 500 195 305 SUSTAINABILITY COORDINATOR EDUCATION & TRAINING 297 195 400 - 400 225 175 INTERNATIONAL CODE COUNCIL COURSES - - 389 - 389 - 389 Total: Education & Training 1,632 2,906 5,299 - 5,299 870 4,429 MAINTENANCE CONTRACTS - - - - - - - Total: Other Purchased Services 17,496 21,183 28,886 - 28,886 7,228 21,658 Supplies GENERAL SUPPLIES 1,299 1,917 1,500 - 1,500 491 1,009 COMMUNITY WILDLIFE PROGRAM - 231 300 - 300 306 (6) ADOPT A ROAD/RIVERS ALIVE 400 1,092 2,400 - 2,400 831 1,569 SOLID WASTE 200 250 250 - 250 - 250 Total: General Supplies 1,899 3,490 4,450 - 4,450 1,627 2,823 GASOLINE/DIESEL 1,705 3,272 3,500 - 3,500 1,539 1,961 FOOD/MEALS 261 454 800 - 800 135 665 BOOKS & PERIDIOCALS - - 100 - 100 - 100 UNIFORMS - 1,258 1,100 - 1,100 270 830 Total: Supplies 3,865 8,474 9,950 - 9,950 3,571 6,379 Machinery & Equipment FURNITURE & FIXTURES - - 300 - 300 - 300 OTHER EQUIPMENT - - - - - - - CELL PHONES 47 30 200 - 200 - 200 NPDES EQUIPMENT - 350 - - - - - Total: Other Equipment 47 380 200 - 200 - 200 Total: Machinery & Equipment 47 380 500 - 500 - 500 Other Costs PAYMENTS TO OTHERS EVERGREEN SCHOOL GRANT PROGRAM 1,023 750 1,200 - 1,200 - 1,200 Total: Payments to Others 1,023 750 1,200 - 1,200 - 1,200 Total: Other Costs 1,023 750 1,200 - 1,200 - 1,200 Total: Community Development 638,599 886,285 1,127,903 5,000 1,132,903 374,192 758,711 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Professional Fees 5,000 Total Increase 5,000 $ 5,000 Amendment Reason TOTAL BUDGET AMENDMENTS Increase to account for annual Capital Improvements Element update offset by impact fee/admin collections 27 of 41 Other Costs Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Budget Remaining (after adj) Contingencies CONTINGENCY - - 94,119 (17,295) 76,824 - 76,824 Total: Contingencies - - 94,119 (17,295) 76,824 - 76,824 Total: Other Costs - - 94,119 (17,295) 76,824 - 76,824 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Contingency 64,948 Total Increase 64,948 DECREASE 1. Contingency (82,243) Total Decrease (82,243) $ (17,295) FY 2018 Actuals FY 2016 Actuals FY 2017 Amendment Reason TOTAL BUDGET AMENDMENTS Increase to account for the variance between revenue and expenditure adjustments Decrease accounts for the following transfers: $50,000 to Public Works for a third-party arborist, $16243 to Public Works for storm clean up costs, and $16,000 to IT for an IT assessment 28 of 41 CAPITAL PROJECTS FUND The Capital Projects Fund is used to track revenues and expenditures associated with capital construction, acquisition and maintenance. Appropriations in Capital Projects Fund are on a project- length basis and do not expire until the project is complete. According to the City’s budgetary policies, a major capital project generally is defined as an expenditure that has an expected useful life of more than 3 years with an estimated total cost of $50,000 or more, or an improvement/addition to an existing capital asset. (Refer to the following pages.) 29 of 41 Capital Projects Fund Revenues Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) INFRASTRUCTURE MAINTENANCE FEES 110,713 123,056 105,000 - 105,000 29,233 - 75,767 INFRASTRUCTURE MAINTENANCE PENALTIES & INT 1,397 198 - - - - - - SIDEWALK REPLACEMENT 10,488 - - - - - - - PAVING FUND - 12,000 - - - - - - TREE RECOMPENSE 94,000 17,000 - - - - - - LANDFILL USE FEES 106,274 163,873 130,000 - 130,000 28,498 - 101,502 INTEREST REVENUE 835 229 - - - 166 - (166) CELL TOWER LEASE - 81,327 77,400 - 77,400 34,722 - 42,678 INSURANCE PROCEEDS/PUBLIC SAFETY - 39,068 - - - - - - INSURANCE PROCEEDS/PARKS & REC 14,399 - - - - - - - OTHER MISC REV/ATLANTA HIDTA STIPEND 6,000 3,750 - - - - - - OPERATING TRANSFERS IN FROM GENERAL FUND 18,882,220 2,499,174 1,194,174 - 1,194,174 265,372 - 928,802 OPERATING TRANSFERS IN FROM CAPITAL GRANT FUND 48,666 100,000 - 838 838 - - 838 OPERATING TRANSFERS IN FROM REVENUE BOND FUND - 49,554 - - - - - - OPER TRFR IN FROM IMPACT FEE FUND/LAW ENFORCEMENT 15,750 16,217 - - - - - - OPER TRFR IN FROM IMPACT FEE FUND/FIRE 90,252 92,926 - - - - - - OPER TRFR IN FROM IMPACT FEE FUND/ROAD 112,632 117,856 - - - - - - OPER TRFR IN FROM IMPACT FEE FUND/PARK 671,394 988,432 - - - - - - Total Revenue 20,165,019 4,304,660 1,506,574 838 1,507,412 357,991 - 1,149,421 Expenditures Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) Mayor & Council LAND CONSERVATION 1,000 4,890 881,579 - 881,579 - - 881,579 GREEN SPACE BOND INITIATIVE 2,480 93,751 31,769 - 31,769 18,314 9,672 3,784 Mayor & Council Total 3,480 98,641 913,348 - 913,348 18,314 9,672 885,363 General Admin VEHICLES / REPLACEMENT RESERVE - - 13,762 - 13,762 - - 13,762 FY 2018 FY 2018 Actuals FY 2016 Actuals FY 2016 Actuals FY 2017 Actuals FY 2017 Capital Projects Fund General Admin Total - - 13,762 - 13,762 - - 13,762 Information Technology SOFTWARE - 179,566 49,662 - 49,662 - 49,663 (0) HARDWARE - 18,599 - - - - - - Information Technology Total - 198,165 49,662 - 49,662 - 49,663 (0) General Government Buildings CITY HALL 6,575,677 4,944,346 77,920 - 77,920 2,764 - 75,156 SR9 COURT/FIRE/POLICE COMPLEX - 32,890 678,818 (31,967) 646,851 84 9,526 637,241 General Government Buildings Total 6,575,677 4,977,236 756,738 (31,967) 724,771 2,848 9,526 712,397 Municipal Court FACILITY RENOVATIONS 1,700 - - - - - - - Municipal Court Total 1,700 - - - - - - - Police PUBLIC SAFETY COMMUNICATIONS 23,208 226,240 - - - - - - VEHICLES / REPLACEMENT RESERVE 144,055 210,577 37,283 - 37,283 28,394 - 8,889 AUTOMATED LICENSE PLATE READERS 20,000 - - - - - - - Police Total 187,263 436,817 37,283 - 37,283 28,394 - 8,889 Expenditures Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) Fire ADMINISTRATIVE FEES STATION REPAIR/ROOF REPLACEMENT STATION 42 - - 80,000 - 80,000 33,531 30,179 16,290 STATION 43 PARKING LOT REPAIR 74,853 - - - - - - - STATION 42 REPLACEMENT - - 92,926 (92,926) - - - - VEHICLE REPLACEMENT RESERVE 1,018,394 69,557 602,136 - 602,136 - 571,886 30,250 AED UNITS 1,650 3,415 13,718 - 13,718 - - 13,718 MASS NOTIFICATION SIRENS 3,515 1,800 73,005 (1,800) 71,205 - 5,400 65,805 MOBILE TRAINING UNIT 8,110 - 179,815 - 179,815 165,000 - 14,815 Fire Total 1,106,522 74,772 1,041,600 (94,726) 946,874 198,531 607,465 140,878 Public Works PROFESSIONAL FEES - - 65,000 - 65,000 2,060 38,625 24,315 FY 2018 Actuals FY 2016 Actuals FY 2017 Capital Projects Fund CONSTRUCTION INSPECTORS - - 78,688 - 78,688 47,059 2,941 28,688 TRANSPORTATION MASTER PLAN UPDATE 178,080 - - - - - - - FULTON COUNTY TRANSIT PLANNING STUDY - 12,980 - - - - - - GRAVEL ROADS MAINTENANCE 72,888 120,993 199,424 - 199,424 17,145 12,944 169,335 STORMWATER MAINTENANCE 296,663 76,057 247,808 - 247,808 11,349 26,963 209,497 NPDES PERMIT COMPLIANCE 350 1,714 - - - - - - PAVEMENT MANAGEMENT 2,016,431 115,923 1,357,576 - 1,357,576 511,788 715,263 130,525 STORAGE BUILDING & YARD CONSTRUCTION - 285 359,463 (40,252) 319,211 - - 319,211 INFRASTRUCTURE / TRAFFIC CALMING - - 100,904 - 100,904 - 34,062 66,842 INFRASTRUCTURE / RESTRIPING 70,940 48,695 49,337 - 49,337 38,792 10,545 (0) INFRASTRUCTURE / BRIDGE REPLACEMENT 10,840 - 500,643 - 500,643 - - 500,643 INFRASTRUCTURE / SIDEWALKS 418,801 3,562 1,064,856 - 1,064,856 39,840 155,256 869,761 HOPEWELL @ BIRMINGHAM INTERSECTION IMPROVMTS 1,135,336 150,528 50,625 - 50,625 (0) - 50,625 INTERSECTION/HOPEWELL @ REDD INTERSECTION IMP 22,731 213,766 15,586 - 15,586 0 15,586 - INTERSECTION/FREEMANVILLE @ PROVIDENCE & B'HAM 536 140,794 1,690,143 (133,952) 1,556,191 52,701 49,942 1,453,547 INTERSECTION/WEBB RD TURN LANES 172,500 - - - - - - - VEHICLES / NEW VEHICLES 4,684 29,234 30,309 - 30,309 - - 30,309 ASSET MANAGEMENT SOFTWARE 4,800 20,400 34,800 - 34,800 - 34,800 - OTHER EQUIPMENT 13,858 - - - - - - - NORTH FULTON TRANSPORTATION PLAN 24,000 - - - - - - - Public Works Total 4,443,437 934,931 5,845,162 (174,204) 5,670,959 720,734 1,096,927 3,853,298 Parks & Recreation PROF FEEES/PARKS & REC MASTER PLAN UPDATE - 62,772 30,318 - 69,568 51,139 18,429 - PROF FEES/STRUCTURE DEMOLITION 27,600 - - - - - - - NORTHWESTERN MIDDLE IGA IMPROVEMENTS 11,998 - - - - - - - PROVIDENCE PARK 3,500 49,235 260,875 - 221,625 - - 221,625 BYRD HOUSE RENOVATIONS 14,972 45,104 18,393 - 18,393 - - 18,393 BROADWELL PARK PAVILION - 51,945 - - - - - - PARK & TRAIL EXPANSION - 279,968 3,163,823 (1,723,895) 1,399,929 750,809 - 649,119 TRAIL PLAN UPDATE - - 50,000 - 50,000 - - 50,000 INFRASTRUCTURE / BELL PARK - 7,220 62,334 - 102,334 - - 102,334 UTILITY VEHICLE 12,140 - 2,862 - 2,862 - - 2,862 Parks & Recreation Total 70,210 496,243 3,588,606 (1,723,895) 1,864,712 801,948 18,429 1,044,335 Capital Projects Fund Expenditures Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) Community Development PROFESSIONAL FEES - 16,250 12,250 - 22,063 12,250 - 9,813 DOWNTOWN MILTON MASTER PLAN 63,792 23,495 - 838 4,162 - - 4,162 GATEWAY SIGNAGE & HISTORIC MARKERS 8,904 6,825 189,821 - 189,821 45,499 129,726 14,596 UNIFIED DEVELOPMENT CODE - 26,255 155,245 - 142,109 16,803 125,306 (0) SITE IMPROVEMENT/TREE RECOMPENSE 30,743 99,442 141,332 - 141,332 204 - 141,128 COMPUTER / SOFTWARE - - 265,500 - 265,500 - - 265,500 Community Development Total 103,439 172,267 764,148 838 764,986 74,755 255,033 435,198 Other Financing Uses TO THE GENERAL FUND - 243,000 - 272,636 272,636 - - 272,636 TO IMPACT FEE FUND - - - 1,752,155 1,752,155 - - 1,752,155 Operating Transfer Total - 243,000 - 2,024,791 2,024,791 - - 2,024,791 Total Expenditures 12,491,729 7,632,070 13,010,310 837 13,011,148 1,845,524 2,046,714 9,118,910 TOTAL REVENUES OVER/(UNDER) EXPENDITURES 7,673,289 (3,327,410) (11,503,736) 1 (11,503,736) (1,487,533) BEGINNING FUND BALANCE 7,224,493 14,897,782 11,570,372 11,570,372 11,570,372 ENDING FUND BALANCE 14,897,782 11,570,372 66,636 66,636 10,082,839 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Operating Transfers In from Capital Grant Fund 838 2. Operating Transfers Out to the General Fund 272,636 3. Operating Transfers Out to the Impact Fee Fund 1,752,155 FY 2018 Actuals FY 2016 Actuals FY 2017 Amendment Reason Increase to account for transfer in from the Capital Grant Fund Increase to account for transfer out to the General Fund Increase to account for transfer out to the Impact Fee Fund Capital Projects Fund 2. Downtown Milton Master Plan 838 Total Increase 2,026,467 DECREASE 1. SR9 Court/Fire/Police Complex (31,967) 2. Station 42 Replacement (92,926) 3. Mass Notification Sirens (1,800) 4. Storage Building & Yard Construction (40,252) 5. Intersection/Freemanville @ Providence & B'Ham (133,952) 6. Park & Trail Expansion (1,723,895) Total Decrease (2,024,791) $ 1 TOTAL BUDGET AMENDMENTS (Revenue Changes less Expenditure Changes) Increase to cover additional costs assocaited with the Downtown Milton Master Plan Decrease to move unspent impact fees received in FY16 & FY17 back to the Impact Fee Fund Decrease to move unspent impact fees received in FY16 & FY17 back to the Impact Fee Fund Decrease to transfer cost of maintenance contract to the General Fund Decrease to move unspent impact fees received in FY16 & FY17 back to the Impact Fee Fund Decrease to move unspent impact fees received in FY16 & FY17 back to the Impact Fee Fund Decrease to move unspent impact fees received in FY16 & FY17 back to the Impact Fee Fund and to transfer costs associated with operations at the Milton Country Club property and the increase in the Alpharetta IGA fees to the General Fund CAPITAL GRANT FUND The Capital Grant Fund is considered to be a capital project fund that accounts for capital grants used to finance major capital projects. 35 of 41 Capital Grant Fund Revenues Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) FED GOV GRANT/CAPITAL/IND/GDOT CRABAPPLE STREETSCAPE - - 500,000 - 500,000 134,904 - 365,096 FED GOV GRANT/CAPITAL/IND/GDOT TAP (BIG CREEK) 96,732 50,000 - - - - - - FED GOV GRANT/CDBG 32,619 - - - - - - - STATE GOV GRANT/LMIG FUNDS 280,076 369,450 397,791 - 397,791 397,791 - 0 STATE GOV GRANT/GDOT HPP FUNDS 2,201,468 48,457 3,688,483 - 3,688,483 - - 3,688,483 STATE GOV GRANT/MARTA GRANT 2,788 71,861 - - - - - - STATE GOV GRANT/GDOT LANDSCAPE - - 4,062 (4,062) - - - - INTEREST REVENUE 250 201 - 190 190 58 - 132 OPERATING TRANSFER IN FROM GENERAL FUND 911,202 318 28,750 - 28,750 6,389 - 22,361 Total Revenue 3,525,134 540,288 4,619,086 (3,872) 4,615,214 539,142 - 4,076,072 Expenditures Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Encumbrances as of 3/20/18 Budget Remaining (after adj) Public Works PAVEMENT MANAGEMENT 280,076 - 767,241 - 767,241 767,241 - - INFRASTRUCTURE/CRABAPPLE @ B'HAM 458,122 119,070 3,998,600 - 3,998,600 3,274 3,774 3,991,552 INFRASTRUCTURE/SIDEWALKS 16,419 - - - - - - - INFRASTRUCTURE/MARTA 71,862 - - - - - - - INFRASTRUCTURE/CRABAPPLE STREETSCAPE 17,433 5,678 649,071 - 649,071 315,407 261,881 71,783 INFRASTRUCTURE/SR 9@BETHANY BEND 2,000 - - - - - - - INFRASTRUCTURE/TRAIL CONN TO BIG CREEK GREENWAY 62,590 - - - - - - - Public Works Total 908,502 124,749 5,414,911 - 5,414,911 1,085,922 265,655 4,063,334 Community Development BRANDING & SIGNAGE - - 4,900 (4,900) - - - - Community Development Total - - 4,900 (4,900) - - - - Other Financing Uses OPERATING TRANSFER OUT TO CAPITAL PROJ FUND 48,666 100,000 - 838 838 - - 838 Other Financing Uses Total - - - 838 - - - - Expenditures Total 957,168 224,749 5,419,811 (4,062) 5,415,749 1,085,922 265,655 4,064,172 TOTAL REVENUES OVER/(UNDER) EXPENDITURES 2,567,966 315,539 (800,725) 190 (800,535) (546,780) BEGINNING FUND BALANCE (2,082,969) 484,997 800,535 800,535 800,535 ENDING FUND BALANCE 484,997 800,535 (190) 0 253,755 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Interest Revenue 190 2. Operating Transfer Out to Capital Projects 838 Total Increase 1,028 DECREASE 1. GDOT Landscape Grant Revenue (4,062) 2. Branding & Signage (4,900) Total Decrease (8,962) $ 190 Amendment Reason Increase to account for anticipated FY18 interest revenue Increase to allow for transfer out to Capital Projects Fund Decrease for grant revenue that was never recevied TOTAL BUDGET AMENDMENTS (Revenue Changes less Expenditure Changes) Decrease of budget assocaited with GDOT landscape grant that was never received FY 2018 FY 2018 Actuals FY 2016 Actuals FY 2016 Actuals FY 2017 Actuals FY 2017 36 of 41 IMPACT FEE FUND The Impact Fee Fund is considered to be a capital project fund that accounts for impact fees collected to fund future facility expansions or acquisitions of equipment necessary to serve our expanded population. The adjustments being requested will account for revenues received or anticipated to receive by the end of the fiscal year and operating transfers out to the corresponding projects. 37 of 41 Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Budget Remaining (after adj) IMPACT FEES/ADMIN FUND 26,695 36,455 43,500.00 (16,500) 27,000.00 10,741 16,259 IMPACT FEES/LAW ENFORCEMENT FUND 15,747 16,213 23,000.00 (10,000) 13,000.00 5,101 7,899 IMPACT FEES/FIRE FUND 90,233 92,904 130,500.00 (58,000) 72,500.00 29,230 43,270 IMPACT FEES/ROAD FUND 112,608 117,829 323,000.00 (156,000) 167,000.00 62,655 104,345 IMPACT FEES/PARK FUND 671,231 988,201 976,000.00 (326,000) 650,000.00 261,034 388,966 INTEREST REVENUE/ADMIN FEES 6 33 - - - 1 (1) INTEREST REVENUE/LAW ENFORCEMENT FEES 3 4 - - - 1 (1) INTEREST REVENUE/FIRE FEES 19 22 - - - 4 (4) INTEREST REVENUE/ROAD FEES 24 27 - - - 9 (9) INTEREST REVENUE/PARK FEES 163 232 - - - 28 (28) OPERATING TRANSFER IN FROM GENERAL FUND - - - - - - - OPERATING TRANSFER IN FROM CAPITAL PROJECTS FUND - - - 1,752,155 1,752,154.85 - 1,752,155 Total Revenue 916,728 1,251,919 1,496,000.00 1,185,655 2,681,654.85 368,804 2,312,851 Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Budget Remaining (after adj) General Government Buildings SR9 COURT/FIRE/POLICE COMPLEX - - - 44,967 44,966.78 - 44,967 General Admin Total - - - 44,967 44,966.78 - 44,967 Fire STATION 42 REPLACEMENT - - - 165,426 165,425.56 - 165,426 Fire Total - - - 165,426 165,425.56 - 165,426 Public Works STORAGE BUILDING & YARD CONSTRUCTION - - - 40,252 40,251.67 - 40,252 INTERSECTION/FREEMANVILLE @ PROVIDENCE & B'HAM - - - 300,951 300,951.03 - 300,951 Public Works Total - - - 341,203 341,202.70 - 341,203 Parks & Recreation PARK & TRAIL EXPANSION - - - 2,103,059 2,103,059.38 - 2,103,059 Parks & Recreation Total - - - 2,103,059 2,103,059.38 - 2,103,059 Other Financing Uses OPERATING TRANSFER OUT TO GENERAL FUND/ADMIN 26,701 36,488 43,500.00 (16,500) 27,000.37 - 27,000 OP TRFR OUT TO CAPITAL PROJ FUND/LAW ENFORCEMENT 15,750 16,217 23,000.00 (23,000) - - - OP TRFR OUT TO CAPITAL PROJ FUND/FIRE 90,252 92,926 130,500.00 (130,500) - - - OP TRFR OUT TO CAPITAL PROJ FUND/ROAD 112,632 117,856 323,000.00 (323,000) - - - OP TRFR OUT TO CAPITAL PROJ FUND/PARK 671,394 988,432 976,000.00 (976,000) - - - Other Financing Uses Total 916,728 1,251,919 1,496,000.00 (1,469,000) 27,000.37 - 27,000 Expenditures Total 916,728 1,251,919 1,496,000.00 1,185,655 2,681,654.79 - 2,681,655 TOTAL REVENUES OVER/(UNDER) EXPENDITURES - (0) - 0 0.06 368,804 BEGINNING FUND BALANCE - - (0.06) (0.06) (0) ENDING FUND BALANCE - (0) (0.06) - 368,804 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. SR9 Court/Fire/Police Complex 44,967 2. Station 42 Replacement 165,426 Increase to account for FY16 & FY17 impact fees transferred in from the Capital Projects Fund and projected FY18 impact fees Expenditures FY 2018 Actuals FY 2016 Amendment Reason Actuals FY 2017 Increase to account for FY16 & FY17 impact fees transferred in from the Capital Projects Fund and projected FY18 impact fees Impact Fees Revenues FY 2018 Actuals FY 2016 Actuals FY 2017 Impact Fees 4. Storage Building & Yard Construction 40,252 5. Intersection/Freemanville @ Providence & B'Ham 300,951 6. Park & Trail Expansion 2,103,059 7. Operating Transfer In from Capital Projects Fund 1,752,155 Total Increase 4,406,809 DECREASE 1. Impact Fee Admin Revenue (16,500) 2. Impact Fee Admin Transfer Out to General Fund (16,500) 3. Impact fee Law Enforcement Revenues (10,000) 4. Impact Fee Law Enforcement Transfer Out to Capital Projects Fund (23,000) 5. Impact Fee Fire Revnues (58,000) 6. Impact Fee Fire Transfer Out to Capital Projects Fund (130,500) 7. Impact Fee Road Revenues (156,000) 8. Impact Fee Road Transfer Out to Capital Projects Fund (323,000) 9. Impact Fee Park Revenues (326,000) 10. Impact Fee Park Transfer Out to Capital Projects Fund (976,000) Total Decrease (2,035,500) $ 0 Decrease to account for a more accurate projection of FY18 impact fee revenues Decrease to account for a more accurate projection of revneues and leaving the impact fee revenues in the Impact Fee Fund as opposed to transferring them to the Capital Projects Fund Decrease to account for a more accurate projection of FY18 impact fee revenues Decrease to account for a more accurate projection of revneues and leaving the impact fee revenues in the Impact Fee Fund as opposed to transferring them to the Capital Projects Fund Increase to account for transfer in from Capital Projects Fund Decrease to account for a more accurate projection of revneues and leaving the impact fee revenues in the Impact Fee Fund as opposed to transferring them to the Capital Projects Fund Increase to account for FY16 & FY17 impact fees transferred in from the Capital Projects Fund Increase to account for FY16 & FY17 impact fees transferred in from the Capital Projects Fund and projected FY18 impact fees Decrease to account for a more accurate projection of FY18 impact fee revenues Increase to account for FY16 & FY17 impact fees transferred in from the Capital Projects Fund and projected FY18 impact fees TOTAL BUDGET AMENDMENTS (Revenue Changes less Expenditure Changes) Decrease to account for a more accurate projection of FY18 impact fee revenues Decrease to account for a more accurate projection of revneues and leaving the impact fee revenues in the Impact Fee Fund as opposed to transferring them to the Capital Projects Fund Decrease to account for a more accurate projection of FY18 impact fee revenues Decrease to account for a more accurate projection of FY18 impact fee revenues REVENUE BOND FUND The Revenue Bond Fund is considered to be a capital project fund that accounts for revenues and expenditures related to the bond issuance. 40 of 41 Capital Project Fund - Revenue Bond Revenues Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Budget Remaining (after adj) INTEREST REVENUE 1,247 - - - - - - DONATION/HOPEWELL YOUTH ASSOCIATION - - - - - - - OPERATING TRANSFER IN FROM GENERAL FUND 2,825,653 - - - - - - REVENUE BOND PROCEEDS 689,868 - - 17,000,000 17,000,000 - 17,000,000 Total Revenue 3,516,768 - - 17,000,000 17,000,000 - 17,000,000 Expenditures Account Name Amended Budget 1/29/18 Requested Budget Amendment Amended Budget Actuals as of 3/20/18 Budget Remaining (after adj) General Government Buildings CITY HALL - - - - - - - SR9 COURT/FIRE/POLICE COMPLEX - - - 15,000,000 15,000,000 - 15,000,000 General Government Buildings Total - - - 15,000,000 15,000,000 - 15,000,000 Fire STATION 42 REPLACEMENT - - - 2,000,000 2,000,000 - 2,000,000 Fire Total - - - 2,000,000 2,000,000 - 2,000,000 Parks & Recreation BELL MEMORIAL PARK 774,914 - - - - - - Parks & Recreation Buildings Total 774,914 - - - - - - Debt Service BOND PRINCIPAL - - - - - - - BOND INTEREST 153,529 - - - - - - Debt Service Total 153,529 - - - - - - OPERATING TRANSFER TO THE CAPITAL PROJECTS FUND - 49,554 - - - - - OPERATING TRANSFER TO THE GENERAL FUND 9,935,171 712,604 - - - - - Expenditures Total 10,863,614 762,158 - 17,000,000 17,000,000 - 17,000,000 TOTAL REVENUES OVER/(UNDER) EXPENDITURES (7,346,847) (762,158) - - - BEGINNING FUND BALANCE 8,109,005 762,158 0 0 ENDING FUND BALANCE 762,158 0 0 0 BUDGET AMENDMENT NOTES Account Name Amount INCREASE 1. Revenue Bond Proceeds 17,000,000 2. SR9 Court/Fire/Police Complex 15,000,000 3. Station 42 Replacement 2,000,000 Total Increase 34,000,000 $ - FY 2018 FY 2018 Actuals FY 2016 Actuals FY 2016 Actuals FY 2017 Actuals FY 2017 TOTAL BUDGET AMENDMENTS (Revenue Changes less Expenditure Changes) Increase to account for proceeds from the upcoming revenue bond issuance Amendment Reason Increase to account for proceeds from the upcoming revenue bond issuance Increase to account for proceeds from the upcoming revenue bond issuance 41 of 41 Page 1 of 2 ORDINANCE NO. STATE OF GEORGIA FULTON COUNTY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2018 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on April 23, 2018 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2018 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2018 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2018 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. Page 2 of 2 ADOPTED AND APPROVED this 23rd day of April, 2018. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ ________________________ Councilmember Peyton Jamison Councilmember Burt Hewitt _________________________ ________________________ Councilmember Matt Kunz Councilmember Joe Longoria _________________________ ________________________ Councilmember Laura Bentley Councilmember Rick Mohrig Attest: _______________________________ Sudie AM Gordon, City Clerk (SEAL) TO: FROM: MILTONIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 5, 2018 Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 60 "Tree Canopy Conservation Ordinance" of the City Code of Ordinances. MEETING DATE: Monday, April 9, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: Yd APPROVED (J NOT APPRO CITY ATTORNEY APPROVAL REQUIRED: $ YES () NO CITY ATTORNEY REVIEW REQUIRED: N YES () NO APPROVAL BY CITY ATTORNEY. N APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on April 4, 2018 - First Presentation at the April 9, 2018 Regular City Council Meeting; April 16, 2018 Council Work Session and April 23, 2018 Unfinished Business Agenda Item: Consideration of an Ordinance to Amend Chapter 60 “Tree Canopy Conservation Ordinance” of the City Code of Ordinances. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The existing Chapter 60 - “Tree Canopy Conservation Ordinance”, was adopted by Council on February 5th, 2018. Subsequent to this time, further amendments have been incorporated. The amended Tree Canopy Conservation Ordinance has included these proposed revisions for councils’ consideration. The adoption of the Amended Milton Tree Canopy Conservation Ordinance will replace the existing Chapter 60 - “Tree Canopy Conservation Ordinance”, with the Amended “Tree Canopy Conservation Ordinance” of the City code of ordinances. Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Paul Frickey, Jarrard & Davis, LLP. (4-3-2018) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance to Amend the Previously Approved Tree Canopy Conservation Ordinance City of Milton, Georgia Chapter 60 – Tree Canopy Conservation Ordinance Adopted February 5, 2018 Draft 4.6e April 4, 2018 (Mark-up of proposed changes to adopted version dated February 5, 2018) City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Draft April 4, 2018 Page i Table of Contents ARTICLE I. IN GENERAL ............................................................. 1 1. Title ................................................................................................................................................... 1 2. Purpose and Intent ........................................................................................................................... 1 3. Administrator .................................................................................................................................. 21 4. Applicability and Exemptions ............................................................................................................ 2 5. Tree Conservation Manual ................................................................................................................ 3 6. Definitions ....................................................................................................................................... 43 7. Protected Trees ........................................................................................................................... 1211 8. Specimen Trees ........................................................................................................................... 1311 9. Heritage Trees ............................................................................................................................. 1412 10. City of Milton Tree Species List ............................................................................................... 1614 11. Hazardous Trees on Private Property ..................................................................................... 1715 12. Appeals and Variances ............................................................................................................ 1915 13. Inspections .............................................................................................................................. 1916 14. Enforcement ........................................................................................................................... 2117 15. Notice of Violation .................................................................................................................. 2117 16. Stop Work Order ..................................................................................................................... 2217 17. Fines and Penalties ................................................................................................................. 2418 ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY ...................................... 2419 18. Tree Canopy Management ..................................................................................................... 2419 19. Tree Canopy Priorities ............................................................................................................. 2419 20. Tree Canopy Cover Requirements .......................................................................................... 2520 21. Tree Removal Permit .............................................................................................................. 2520 22. Tree Canopy Replacement ...................................................................................................... 3023 ARTICLE III. TREE CANOPY ON UNDEVELOPED AND REDEVELOPED PROPERTY 3326 23. Tree Canopy Management ..................................................................................................... 3326 24. Tree Canopy Priorities ............................................................................................................. 3326 25. Preliminary Tree Canopy Plan ................................................................................................. 3426 26. Tree Canopy Plan .................................................................................................................... 3427 27. Tree Canopy Cover Requirements .......................................................................................... 3930 28. Required Tree Locations ......................................................................................................... 4635 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Draft April 4, 2018 Page ii 29. Topped Trees .......................................................................................................................... 5040 30. Minimum Landscape and Maintenance Requirements .......................................................... 5140 31. Landscape Performance Bond ................................................................................................ 5140 32. Certificate of Occupancy and Final Plat Approval ................................................................... 5241 33. Alternative Compliance ........................................................................................................... 5241 34. Tree Canopy Fund ................................................................................................................... 5443 35. Timber Harvesting ................................................................................................................... 5543 ARTICLE I. IN GENERAL .......................................................................................... 1 1. Title ................................................................................................................................................... 1 2. Community Forest Vision and Goals ................................................................................................. 1 3. Purpose and Intent ........................................................................................................................... 1 4. Administrator .................................................................................................................................... 2 5. Applicability and Exemptions ............................................................................................................ 2 6. Tree Conservation Manual ................................................................................................................ 2 7. Definitions ......................................................................................................................................... 3 8. Protected Trees ................................................................................................................................. 9 9. Specimen Trees ............................................................................................................................... 10 10. Heritage Trees ............................................................................................................................. 11 11. City of Milton Tree Species List ................................................................................................... 13 12. City Tree Management ............................................................................................................... 14 13. Hazardous Trees on Private Property ......................................................................................... 14 14. Variances ..................................................................................................................................... 14 15. Appeals ........................................................................................................................................ 15 16. Inspections .................................................................................................................................. 16 17. Enforcement ............................................................................................................................... 17 18. Notice of Violation ...................................................................................................................... 17 19. Stop Work Order ......................................................................................................................... 18 20. Fines and Penalties ..................................................................................................................... 19 ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY ..........................................19 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Draft April 4, 2018 Page iii 21. Tree Canopy Management ......................................................................................................... 19 22. Tree Canopy Priorities ................................................................................................................. 19 23. Tree Canopy Cover Requirements .............................................................................................. 20 24. Tree Removal Permit .................................................................................................................. 20 25. Tree Canopy Replacement .......................................................................................................... 23 ARTICLE III. TREE CANOPY ON UNDEVELOPED PROPERTY ....................................25 26. Tree Canopy Management ......................................................................................................... 25 27. Tree Canopy Priorities ................................................................................................................. 25 28. Tree Canopy Plan ........................................................................................................................ 25 29. Tree Canopy Cover Requirements .............................................................................................. 29 30. Required Tree Locations ............................................................................................................. 33 31. Topped Trees .............................................................................................................................. 37 32. Minimum Landscape and Maintenance Requirements .............................................................. 37 33. Landscape Performance Bond .................................................................................................... 38 34. Certificate of Occupancy and Final Plat Approval ....................................................................... 39 35. Alternative Compliance ............................................................................................................... 39 36. Tree Canopy Fund ....................................................................................................................... 41 37. Timber Harvesting ....................................................................................................................... 41 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 1 ARTICLE I. IN GENERAL 1. Title 1.1. This chapter shall be known as the Tree Conservation Ordinance of the City of Milton, Georgia or the “tree ordinance”. 2. Community Forest Vision and Goals 2.1. The City of Milton’s natural and extensive tree canopy provides significant benefits and irreplaceable value to our quality of life. 2.2. The city is committed to managing its community forest to continually improve the quantity and quality of its vital green infrastructure. 2.3. It is the goal of the city to maintain no net loss of tree canopy cover below the 57 percent existing as of March 2017, and to further achieve an average of 60 percent tree canopy cover across the city by 2033. 2.4. The city aims to measure average tree canopy cover across the city every 5 years using the latest GIS technology and use the results to evaluate the effectiveness of the tree ordinance and other tree management programs and policies in achieving the city’s tree canopy goals. 3.2. Purpose and Intent 3.1.2.1. The purposes of the tree ordinance are to: a. Create a living and working environment for Milton’s citizens and visitors that is attractive, healthy and safe; b. Manage and utilize trees for the economic, environmental, and social functions and benefits they provide; and, c. Provide a framework for accomplishing the goals and objectives in the City’s comprehensive plan and other community, environmental and conservation ordinances, plans and policies. 3.2.2.2. The intent of this ordinance is to: a. Promote human, environmental and economic health within the community; b. Promote shared responsibility by all property owners to contribute to tree canopy cover; and, c. Establish the minimum amount of regulations that will achieve the vision and goals of the city and produce the desired outcomes. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 2 4.3. Administrator 4.1.3.1. The director of the community development department or his/her designated agent(s) shall be the administrator of the tree ordinance. 3.2. The city arborist shall be the primary agent responsible for the administration of the tree ordinance for the administrator. 3.3. The administrator shall have the authority to waive any provision of this tree ordinance where such waiver is consistent with the purpose and intent of this ordinance and is in the best interest of the public health, safety and welfare. The following factors shall be considered in evaluating the waiver request: a. Whether a literal enforcement of the tree ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; b. Whether the situation causing the undue hardship or practical difficulty is unique to the affected lot and is not self-imposed; c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the variance will injure or be wholly compatible with the use and future or existing development of adjacent properties; e. Whether the increased development costs caused by conserving the tree create an undue hardship on the development of the lot; f. Whether there is any identified adverse effect of the alteration or conservation on erosion, soil moisture retention, flow of surface water, and drainage systems; g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non-residential uses. h. The costs versus the benefits of relocating required utility service infrastructure and easements based on the conservation or alteration of protected trees; i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects public health, safety and welfare; a.k. Whether the granting of the variance will be in harmony with the purpose and intent of the tree ordinance to the greatest degree reasonably possible. 5.4. Applicability and Exemptions City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 3 5.1.4.1. The terms and provision of the tree ordinance shall apply to: a. All real property within the City of Milton unless otherwise exempted herein; b. Any activity that requires the issuance of a land disturbance permit, grading permit, building permit, demolition permit, right-of-way encroachment permit or tree removal permit; c. Any activity that requires a certificate of occupancy, concept plan approval, preliminary plat approval, or minor plat approval, certificate of conceptual plan approval, or final plat approval; and, d. All protected trees. 5.2.4.2. The activities, properties and trees that are exempt from the requirements of the tree ordinance are: a. Removal of trees posing an imminent threat or under emergency conditions such as, but not limited to, fire or severe weather; b. Commercial tree nursery and tree farm operations; c. Trees directed to be removed by municipal, county, state or fede ral authorities pursuant to law; and, c.d. Any area designated as an Agricultural Operation; e. City tTrees removed or pruned by utility companies as part of routine vegetation management activities, except that all removal and pruning shall should be done in accordance with the arboricultural standards set forth in the tree conservation manual Tree Conservation Manual. d.f. Projects for which a concept plan, preliminary plat, minor plat, land disturbance permit, grading permit, demolition permit or building permit was approved prior to February 5, 2018. These project will be subject to the former Tree Preservation Ordinance (Ord. No. 10-07-67, § 6, 7-7-2010). 4.3. A summary of tree ordinance applicability and exemptions is included in Appendix A of the Tree Conservation Manual. 5.3.4.4. Either the previous Tree Preservation ordinance or the current Tree Canopy Conservation Ordinance may be utilized until August 5, 2018. 6.5. Tree Conservation Manual City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 4 6.1.5.1. There is hereby adopted a Tree Conservation Manual that sets forth the required standards and procedures for all activities required by the tree ordinance. 6.2. The administrator shall have the authority to waive any provision of the Tree Conservation Manual where such waiver is consistent with the purpose and intent of this ordinance and is in the best interest of the public health, safety and welfare. The tree conservation manual may be modified by the administrator as necessary to reduce outcomes contrary to the purpose and intent of the tree ordinance. 7.6. Definitions 7.1.6.1. All words used in the tree ordinance shall have their customary dictionary definitions except as specifically defined herein, or in the zoning regulations if not defined herein. 7.2.6.2. The words “shall” and “must” are mandatory, and the words “may” and “should” are permissive. a. Active tree protection. The active and ongoing planning, installation and monitoring of physical measures undertaken to protect a tree during land disturbance or alteration. b. Administrator. The Director of the City of Milton Community Development Department. c. Agent, designated or authorized. An individual or entity authorized by the administrator to assist in the administration and enforcement of the tree ordinance for the city; or, an individual or other entity authorized by a property owner to conduct development, construction, or arboricultural activities on their property. d. Agricultural land use. Use of a lot zoned AG-1 that is related to active farming, livestock, or ranching, including using land as pasture , an equestrian estate or horse farm, or in the production of crops, horticultural products, the keeping of livestock, including but not limited to poultry and hoofed animals such as cattle, horses, goats and sheep, for commercial purposes and the construction and maintenance of agricultural accessory buildings.Agricultural Operations. Activities with an agricultural purpose that include: raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 5 producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, dryin g, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry including using land as pasture. Agricultural operations do not include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. e. Applicant. A property owner or his/her authorized agent(s) applying for a tree removal, development permit, or right-of-way encroachment permit for a tree or property, or seeking approval for a tree canopy, tree protection, or tree planting and maintenance plan, or seeking approval for a minor subdivision plat, certificate of conceptual plan approval, final plat approval or certificate of occupancy.. f. Appraised tree value. The dollar value of a tree as determined by a certified arborist using methodology set forth in the latest edition of the Guide for Plant Appraisal developed by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture (www.isa- arbor.com). f.g. Boundary tree. A tree located such that its trunk spans at least two adjoining properties and the common boundary line, resulting in the tree being jointly owned by each property owner g.h. Buffer, state waters. An area along the course of any state waters required by city, state or federal regulations to be maintained in an undisturbed and natural condition. h.i. Buffer, zoning. As required by the zoning ordinance, a natural undisturbed portion of a lot, except for approved access and utility crossings, which is set aside to achieve a visual barrier between the use on the lot and adjacent City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 6 properties and/or uses with natural vegetation or replanting of trees and shrubs if sparsely vegetated. i.j. Caliper. The diameter of the trunk of tree nursery stock or a newly planted tree measured at 6 inches above the ground line for trees with calipers 4 inches and smaller, and at 12 inches above the ground line for trees with calipers greater than 4 inches. j.k. Certified arborist. Professional who possesses the technical competence gained through experience and related training to provide for or supervise the management of trees and other woody plants in residential, commercial and public landscapes and whose level of training is certified by the International Society of Arboriculture. k.l. City. The City of Milton, Georgia. l.m. City arborist. The agent of the City of Milton assigned by the director of the community development department with the primary responsibilities of administration and enforcement of the tree ordinance. m.n. Clearcutting. A method of harvesting timber that results in the removal of all trees from all or a portion of a property. n.o. Commercial tree nursery or commercial tree farm. A property on which trees are grown and sold as wholesale or retail nursery stock by a business licensed by the City of Milton. o.p. Construction zone. The first 30 feet of the improved area adjacent to and extending out from buildings and other major structures, and the first 15 feet adjacent to and extending out from a road, driveway, parking area, walkway, swimming pool, patio, and other allowable impervious surfaces, driveways, parking lots, other impervious surfaces and sanitary sewer systems (septic tanks, lines and primary drainfields) proposed on a lot as shown in the detail located in Appendix D in the Tree Conservation Manual. p.q. Critical root zone (CRZ), conserved tree. For a conserved tree, the ground and soil area to a depth of 24 inches within the larger of either the dripline or a circular area with a radius extending out from the trunk 1.5 feet for every 1 inch of DBH as shown in the detail located in Appendix D in the Tree Conservation Manual.; for a tree planted within the last 3 years, the ground and soil area to a depth of 24 inches within the larger of the open soil surface area required by the tree, 1.5 feet for every 1 inch in DBH, or the area within the dripline. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 7 r. Critical root zone (CRZ), newly planted tree. For a tree planted within the last 3 years the ground and soil area to a depth of 24 inches within the larger of the open soil surface area required for the tree or the area within the dripline or a circular area with a radius extending out from the trunk 1.5 feet for every 1 inch in DBH. q.s. Crown. The entirety of a tree’s scaffold limbs, branches and leaves. r.t. DBH. The diameter at breast height (4.5 feet above the ground line) of the trunk of an existing tree, calculated by dividing the circumference of the trunk by 3.14. s.u. Developed property. A lot property on which improvements currently exist and for which a certificate of occupancy has been issued. t.v. Development permit. A land disturbance permit, grading permit, building permit, demolition permit, concept plan approval, preliminary plat approval, minor plat approval, conceptual plan approval or other permit or approval issued by the community development department authorizing the commencement of the disturbance, alteration, improvement or development of a given tract of land. u.w. Dripline. The vertical line extending from the outermost edges of a tree’s branches to the ground, that forms, more or less, a circle on the ground centered on the tree’s trunk, as shown in the detail located in Appendix D in the Tree Conservation Manual. v.x. Establishment period. For a newly planted tree, the time from planting until the beginning of the fourth growing season on -site. w.y. Existing tree. An established tree growing on-site for at least 3 complete growing seasons. x.z. Forested area. An area at least 50 feet wide in any one dimension and at least 2,500 square feet in total area consisting of at least 5 trees with overlapping crowns. 75 percent tree canopy cover. y.aa. Growing season. March 1 to November 30. z.bb. Hazardous tree. A tree that is likely to fail wholly or in part, under normal environmental conditions as determined by a certified arborist. aa.cc. Healthy tree. A tree with a live crown ratio greater than 30 percent, less than 50 percent crown dieback, no major structural defects, a life expectancy of 15 years or greater, and free from signs or symptoms of irreversible City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 8 decline, severe insect or disease infestation, severe chlorosis, or other life- threatening conditions. bb.dd. Heritage tree(s). A tree or tree group that is designated by the administrator to be of notable community interest because of its outstanding age or size, landmark recognition or historical association. cc.ee. Improved area. The area within 60 feet of and including the footprint of a building, pool, or other major structure, within 30 feet of and including a road, driveway, parking area, walkway, swimming pool, patio and other allowable impervious surface, and sanitary sewer systems (septic tanks, lines and primary drainfields) , and within 15 feet of and including the footprint of the sanitary sewer system (septic lines, tank and primary drainfield) proposed for a lot .as shown in the detail located in Appendix D in the Tree Conservation Manual. dd.ff. Land disturbing activity. Any activity which may result in soil erosion from water or wind and movement of sediments into state water or onto lands within the state, including, but not limited to clearing, dredging, grading, excavating, transporting, and filling of land, and excluding those activities specifically exempted in the City of Milton Code of Ordinances. but not including agricultural practices as set forth in the City of Milton Soil Erosion and Sedimentation Control Ordinance. ee.gg. Landscape strip. An area required by the tree ordinance, the City of Milton zoning resolution or any condition of zoning, use permit or variance approval, which is reserved for the installation and/or maintenance of plant materials. ff.hh. Live crown ratio. The percentage of the total height of a tree that is occupied by the tree’s live crown. gg.ii. Lot. The basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. hh.jj. Open soil surface area. The square foot area of the ground surrounding a newly planted tree that is required to remain permeable and open, covered only by a layer of mulch; the size of the required open area required varies by the mature height class of the tree being planted. ii.kk. Passive tree protection. The ongoing avoidance of activities harmful to a tree, as further described in the tree ordinance, within the tree protection zone. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 9 jj.ll. Planted tree. A tree that has been planted within the last 3 years and has not yet completed 3 growing seasons on-site. kk.mm. Planting season. December 1 to March 1. ll.nn. Priority area. An area on a lot where tree canopy cover is considered a priority over other areas due to the functions and benefits tree cover provides in that location. mm.oo. Priority tree. A specimen or heritage tree. nn.pp. Property. An area of land composed of less than one lot, or of accumulations of one or more lots, or parts thereof. qq. Protected tree. Any tree growing on city property, any tree 6 inches DBH or greater growing on developed property, any tree conserved or planted to meet tree ordinance requirements, any tree 2 3 inches DBH or greater growing on undeveloped property, any specimen tree, and any heritage tree. oo.rr. Redevelopment. A land development project on a previously developed site, not including normal maintenance activities limited to the remodeling of existing buildings, resurfacing of paved areas, and exterior changes to improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution. pp.ss. Remediation plan. A plan that may be required by the city arborist from a property owner or his/her authorized agent after a written notice of violation or stop work order has been issued for the property describing how the conditions of violation of the tree ordinance shall be remedied in accordance with the city arborist’s requirements and the conditions stated on the notice, order, or other pertinent documentation. qq.tt. Scaffold limbs. The large limbs branching off from the main trunk that form the basic structure of the tree’s crown and support the remaining branches and leaves. rr.uu. Soil compaction. A change in soil physical properties which includes an increase in soil weight per unit volume and a decrease in soil pore space caused by repeated vibrations or frequent traffic and weight that can result in physical root damage, reduced root penetration, a decrease in soil oxygen levels and an increase in toxic gases. ss.vv. Specimen tree(s). A tree or contiguous stand of trees of special value to the community due to its quality, size, or species, and meeting general and City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 10 specific criteria as set forth in the tree ordinance, as determined by the city arborist. tt.ww. Standard tree canopy cover credit. The square feet of tree canopy cover assigned to each of the tree canopy size classes, as set forth herein and in the Tree Species List.tree species list. uu.xx. Street tree. A tree located within a road frontage that is conserved or planted for the purpose of providing tree canopy cover over the public street right-of-way. vv.yy. Thinning. Selective cutting of trees for timber products with the remaining trees more or less evenly distributed across a property. ww.zz. Timber harvesting. The felling of trees for timber products (pulpwood, sawtimber, etc.) as part of ongoing forest management practices, by thinning or clearcutting. xx.aaa. Topping. The improper practice of the severe cutting back of limbs to stubs larger than 2 inches in diameter within the tree’s crown to such a degree that the tree canopy is removed or the crown shape typical of the species is disfigured, resulting in decay of the scaffold limbs or trunk and/or decline in main branch and sprout production. yy.bbb. Tree. A self-supporting woody perennial plant with the potential to reach a minimum DBH of 3 inches and height of 15 feet at maturity under natural conditions. zz.ccc. Tree bank. A site registered with the city on city or private property with at least 8,000 square feet of open space where growing conditions are favorable for the establishment of trees, and on which trees may be planted to satisfy tree replacement or minimum tree canopy cover requirements for another property. aaa.ddd. Tree canopy cover. The cover provided by tree crowns over the ground surface, either individually or as a group; also, a measure of the percent of a lot covered by all tree canopy, calculated by dividing the total area of tree canopy cover by the total area of the lot, and multiplying by 100. bbb.eee. Tree canopy fund. A revenue account established by the city for receiving payments in lieu of meeting tree canopy cover requirements, donations, fees, and fines, and used by the city for the purchase, planting, and maintenance of trees on city property and community forest management activities. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 11 ccc.fff. Tree canopy plan. A site plan showing how tree canopy cover requirements will be met on a lot, which trees will be conserved, how they will be protected, which new trees will be planted and where, and how they will be maintained. ddd.ggg. Tree canopy size, tree canopy size class. The amount of tree canopy cover a tree can be expected to provide at maturity under urban conditions, as determined by the species and categorized in the Tree Species Listtree species list into four (4) size classes: very wide (1,600 square feet); wide (900 square feet); narrow (400 square feet); and, very narrow (150 square feet). eee.hhh. Tree canopy value. The dollar value of 100 square feet of tree canopy cover as set forth in the city’s fee schedule, and used for calculating payments into the tree canopy fund. iii. Tree conservation manual. A supplement to the tree ordinance containing standards, and procedures and construction details required for tree ordinance compliance. fff.jjj. Tree group. 4 or less trees with overlapping crowns. ggg.kkk. Tree height class. The typical total height of a tree at maturity under urban conditions, as determined by the species and categorized in the Tree Species List tree species list into three (3) classes: large (greater than 50 feet tall); medium (25 to 50 feet tall); and, small (less than 25 feet tall). hhh.lll. Tree ordinance. Chapter 60 – Vegetation of the City of Milton municipal code of ordinances. iii.mmm. Tree protection zone (TPZ). The tree protection zone includes the critical root zone of a tree, the tree’s trunk and the entirety of the tree’s crown, as shown in Appendix D in the Tree Conservation Manual. jjj.nnn. Tree removal permit. A permit required before a protected tree can be removed, destroyed or irreparably damaged. ooo. Tree species list. The City of Milton Tree Species List, which is located in Appendix C of the tree conservation manualTree Conservation Manual and contains the tree species approved, and not approved, for conservation and planting to satisfy tree replacement or tree canopy cover requirements. kkk.ppp. Tree Stand. A tree group of forested area including more than one (1) specimen or heritage tree. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 12 lll.qqq. Undeveloped property. A lot on which no improvements currently exist and for which no certificate of occupancy has been issued. mmm.rrr. Unhealthy tree. A tree with major structural defects, or a live crown ratio less than 30 percent, or 50 percent or more crown dieback, or a tree exhibiting signs or symptoms of irreversible decline, severe mistletoe infection, severe insect or disease infestation that cannot be practically controlled, or severe chlorosis, as determined by a certified arborist. 8.7. Protected Trees 8.1.7.1. There is hereby established a category of trees that shall be known as protected trees as defined herein. 8.2.7.2. Protected trees shall only be removed after the issuance of a tree removal permit or approval of a tree canopy plan. 8.3. Protected trees shall be passively protected throughout their lives as set forth in the Tree Conservation Manualtree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 13 9.8. Specimen Trees 9.1.8.1. A tree or tree stand shall be considered specimen if, as determined by the city arborist, it meets all the general criteria and at least one of the specific criteria as set forth herein. 9.2.8.2. An individual specimen tree must meet all the following general criteria: a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist; b. Crown size and shape typical of the species without significant dieback or disfiguration; c. Relatively sound and solid trunk and scaffold limbs, free from major structural defects;with no more than one-quarter of the trunk circumference affected by wounds, cankers, decay or cavities, and with a column of decay in the center of the trunk encompassing no more than two-thirds of the trunk area; d. No major insect or disease problems; and, e. Free from severe mistletoe infestation causing irreversible tree decline. 9.3.8.3. An individual specimen tree must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. Hardwood and softwood trees, except for pine species (Pinus spp.) with a minimum DBH of 24 inches for a tree in the large height class, 18 inches for a tree in the medium height class, and a minimum DBH of 8 inches for a tree in the small height class; b. Pine trees (Pinus spp.) with a minimum DBH of 27 inches; c. Rare or unusual species, shape or form; or, d. A tree specifically used by a builder, developer or design professional as a focal point in the landscape. 9.4.8.4. A specimen tree stand must be primarily composed of healthy specimen trees, with no major insect or disease problems within the stand and must meet at least one of the following specific criteria: a. A relatively mature, even-aged stand; b. A stand with purity of species composition or of a rare or unusual nature; c. A stand of historical significance; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 14 d. A stand with exceptional aesthetic quality; or, e. A stand on a lot which is otherwise devoid of trees. 9.5.8.5. The city arborist shall make the determination of whether a tree or tree stand meets the criteria for specimen tree designation. 9.6.8.6. If removal of a specimen tree is approved, replacement requirements shall be as set forth in Section 25 (developed properties) and Section 29 (undeveloped and redeveloped properties) of the tree ordinance. 9.7.8.7. When development or redevelopment is proposed for a lot, individual and stands of specimen trees shall be identified during the site tree survey process and documented on the tree canopy plan. 9.8. Special consideration shall be made to work around specimen trees and protect them. 9.9.8.8. Cost effectiveReasonable options for site, building, utility placement and hardscape and landscape designs that successfully conserve specimen trees are strongly encouraged. 9.10.8.9. All On undeveloped lots and lots undergoing redevelopment, all specimen trees successfully conserved and protected to meet tree canopy cover requirements shall be given 10 percent additional tree canopy cover credit over the actual or standard credit. 10.9. Heritage Trees 10.1.9.1. A tree or tree group shall be designated as heritage if it meets the criteria set forth herein, as determined by the administrator. 10.2. The administrator shall review heritage tree nominations and shall have the authority to designate trees as heritage. 10.3.9.2. Trees may be nominated for heritage tree status by either the tree owner or the city arborist by submitting a heritage tree nomination for m to the community development department. 9.3. Within 15 business days after the submittal of a completed nomination form by a property owner to the community development department, the city arborist shall provide the administrator with a recommendation on whether the nominated tree or tree group should be designated as heritage. 10.4.9.4. The administrator shall review heritage tree nominations and shall have the authority to designate trees as heritage. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 15 10.5.9.5. For a tree or tree group to be designated as heritage, it must meet all the general criteria and at least one of the specific criteria set forth herein and as determined by the administrator. 10.6.9.6. A heritage tree or tree group must meet all the following general criteria: a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist;. b. Crown size and shape typical of the species without significant defects, dieback or disfiguration;. c. Relatively sound and solid trunk and scaffold limbs, free from major structural defects; with no more than one-quarter of the trunk circumference affected by wounds, cankers, decay or cavities, and with a column of decay in the center of the trunk encompassing no more than two-thirds of the trunk area. d. No major insect or disease problems; and,. e. Free from severe mistletoe infestation causing irreversible tree decline. 10.7.9.7. A heritage tree or tree group must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. State or county champion tree, as determined by the Georgia Fo restry Commission (www.gfc.state.ga), or a tree that scores within 10 percent of the total score of a state or county champion tree of the same species using the scoring system described by the Georgia Forestry Commission;. b. Documented age greater than 75 years old;. c. An established and familiar feature or integral part of the community and its heritage and is recognized as such by the administrator;. d. Designated by the Georgia Urban Forest Council (www.gufc.org) as a Landmark or Historic Tree; or. e. Documented historical significance. 10.8.9.8. When a tree removal permit application is submitted for a potential heritage tree or tree group, the city arborist shall inform the tree owner that the tree or tree group meets the criteria and will be nominated for heritage tree status before the tree removal permit is issued, if not already nominated by the applicant and approved by the administrator. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 16 9.9. Only those trees listed on a tree removal permit application shall be eligible for heritage tree nomination by the city arborist. 10.9.9.10. When development or redevelopment is proposed for a lot, heritage trees shall be identified during the tree survey process and documented on the tree canopy plan. 10.10.9.11. Prior to the approval of a tree canopy plan for a lot that includes the proposed conservation or removal of a heritage tree or tree group, the city arborist shall inform the applicant that one or more trees on the lot meets heritage tree criteria and will be nominated for heritage tree status before the tree canopy plan is approved, if not already nominated by the applicant, approved by the administrator, and identified on the plan. 9.12. If removal of a heritage tree is approved, replacement requirements shall be as set forth in Section 25 (developed properties) and Section 29 (undeveloped and redeveloped properties) of the tree ordinance. 10.11. Special consideration shall be made to work around heritage trees and protect them. 10.12. When development is proposed for a lot, heritage trees shall be identified during the site survey process and documented on the tree canopy plan. 10.13.9.13. Cost effectiveReasonable options for building, site, hardscape and landscape designs and utility placement that successfully conserve heritage trees are strongly encouraged. 10.14.9.14. The city arborist shall maintain a current list of designated heritage trees. 10.15.9.15. Heritage tree locations shall be recorded on the city’s GIS system. 10.16.9.16. On undeveloped lots and lots undergoing redevelopment, all All heritage trees successfully conserved and protected to meet tree canopy cover requirements shall be given 20 percent additional tree canopy cover credit over the actual or standard credit. 11.10. City of Milton Tree Species List 11.1.10.1. There is hereby adopted a City of Milton Tree Species List as set forth in Appendix C of the Tree Conservation Manual the tree conservation manual that shall include species approved for conservation and planting to meet tree canopy cover requirements or replacement tree planting requirements. 11.2.10.2. The tree species list Tree Species List shall also include species not approved for tree conservation or planting to meet requirements that are City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 17 invasive, have brittle or weak wood, poor structure or large thorns, are pest susceptible or are not well-suited to regional growing conditions. 11.3.10.3. Trees planted to satisfy tree canopy cover and tree replacement requirements of the tree ordinance shall be selected from the Tree Species List. City of Milton Tree Species List. 11.4.10.4. A species of tree not on the City of Milton Tree Species List, or not approved for planting in a specific location, may be approved for planting by the city arborist if the species: a. Has a reasonable chance of success in the landscape; b. Is recommended by a certified arborist; c. Is not proposed for planting in large quantities; and, d. Has growth or habit characteristics that fit a specific need for the location. 11.5.10.5. Tree species not listed or approved by the city arborist for tree conservation or planting for the purpose of meeting tree canopy cover requirements shall not be eligible for tree canopy cover credit. 12. City Tree Management 12.1. The city shall have the right to manage city trees, including planting, maintaining, pruning and removing trees within the rights-of-way of all city streets, roads, and highways, in parks, around city facilities, and on other city property as may be deemed necessary or desirable to achieve community forest goals. 12.2. It shall be unlawful and a violation of the tree ordinance to damage, destroy or remove any city tree, or engage in any prohibited activity listed in the tree protection standards within the critical root zone of a city tree, without a tree removal permit, right-of-way encroachment permit, or prior approval of the city arborist. 12.3. A tree protection plan submitted by the applicant and approved by the city arborist and a right-of-way encroachment permit issued by the department of public works shall be required prior to the commencement of any activity that is proposed on city property within the critical root zone of a city trees. 13.11. Hazardous Trees on Private Property 13.1.11.1. Once aware, the The city shall provide a written notice to the owner of any tree on private property that is considered by the city arborist to be in a hazardous condition and threatens a threat to public health, safety and welfare and is adversely impacting city property. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 18 13.2.11.2. The written notice shall state the type of risk, the mitigation required and the time within which the mitigation shall occur. 11.3. In circumstances where protection of the public health, safety and welfare is served by doing so, the city may conduct emergency maintenance operations on private property with respect to hazardous trees identified in this section. Emergency maintenance may consist of the removal of trees and other debris necessary in the judgment of the director of community development to remedy a condition created by a hazardous tree. Such emergency maintenance operations conducted for the common good shall not be construed as constituting a continuing maintenance obligation on the part of the City of Milton nor abrogation of the City of Milton’s right to seek reimbursement for expenses from the owner(s) of the property(ies) on which the hazardous tree that created the condition necessitating the emergency maintenance operations was located. 13.3. Should the property owner fail to mitigate the risk within the stated time, the city may cause to have the risk mitigated and require the property owner to reimburse the city for the cost of such mitigation. 14. Variances 14.1. A person requesting a variance from the provisions of the tree ordinance shall do so in writing to the director of the community development department . 14.2. All variance requests shall be accompanied by a completed variance request application, a tree canopy plan or other documentation requested by the city arborist and a non-refundable filing fee in the amount set forth in the city’s current fee schedule. 14.3. The city arborist shall provide a recommendation on whether to approve the variance request to the board of zoning appeals. 14.4. The board of zoning appeals shall review the city arborist’s recommendation and decide on whether to approve the variance request. 14.5. The board of zoning appeals may approve a variance to any provision of the tree ordinance where the unique natural features of the lot are such that application of these regulations would create an undue hardship to the property owner, and in other instances where an undue hardship is created for the property owner . 14.6. The following factors shall be considered in evaluating the variance r equest: a. Whether a literal enforcement of the tree ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 19 b. Whether the situation causing the undue hardship or practical difficulty is unique to the affected lot and is not self-imposed; c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the variance will injure or be wholly compatible with the use and future or existing development of adjacent properties; e. Whether the increased development costs caused by conserving the tree create an undue hardship on the development of the lot; f. Whether there is any identified adverse effect of the alteration or conservation on erosion, soil moisture retention, flow of surface water, and drainage systems; g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non-residential uses. h. The costs versus the benefits of relocating required utility service infrastructure and easements based on the conservation or alteration of protected trees; i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects public health, safety and welfare; k. Whether the granting of the variance will be in harmony with the purpose and intent of the tree ordinance to the greatest degree reasonably possible. 15.12. Appeals and Variances 15.1.12.1. Any person aggrieved or adversely affected by any decision of the city arborist relating to the application of the tree ordinance may file an appeal in writing within 30 days of the decision with the director of the community development department for relief or reconsideration. 15.2.12.2. Any person aggrieved or adversely affected by any decision of the director of the community development department relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the board of zoning appeals through the director of the community development department. 15.3. Appeals shall only be granted for errors of interpretation. 16.13. Inspections City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 20 16.1.13.1. The administrator or his/her agent(s) shall have the authority to conduct inspections as required by the tree ordinance, and periodically or as deemed necessary to monitor land disturbing activities, tree removal activities, or other permitted or non-permitted activities for compliance with the tree ordinance. 16.2.13.2. No person shall refuse entry or access to any authorized agent(s) of the city who requests entry for the purpose of inspection and who presents appropriate identification, nor shall any person obstruct, hamper or interfere with any such agent while in the process of carrying out his/her official duties. 16.3.13.3. The city arborist and/or designated agent shall be the primary individual responsible for conducting site inspections and, at a minimum, shall make the following inspections: a. Prior to approval of a tree removal permit, right-of-way encroachment permit, tree canopy plan, tree protection plan, or tree planting and maintenance plan and prior to making a recommendation to the Planning Commission on a tree ordinance variance request for the purpose of assessing site and tree conditions; b. After permit or plan approval and afterFollowing the installation of required tree protection measures, required andbut before any land disturbance or right-of-way encroachment occurs, for the purpose of to assessassessing compliance with tree protection requirements; c. Prior to the issuance of a certificate of occupancy or final plat approval, for the purpose of assessing to assess compliance with the tree canopy plan and all tree ordinance requirements; and, d. One (1) and three (3) years after project completion andthe issuance of a certificate of occupancy or final plat approval, for the purpose of assessing to assess tree health and survival on properties with an approved tree canopy plan. 16.4.13.4. Additional site inspections may take place at any time before, during and/or after project completion to monitor compliance with applicable tree ordinance requirements. 16.5.13.5. The city arborist shall document each inspection on a site inspection form. 16.6.13.6. The city arborist may also monitor tree canopy cover on a lot using the city’s geographic information system and current aerial photography for City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 21 assessing ongoing compliance with tree canopy cover requirements, and shall maintain a record of such measurements. 17.14. Enforcement 17.1.14.1. It shall be the duty of the administrator and his/her agent(s) to enforce the tree ordinance. 17.2.14.2. The administrator or his/her agent(s) shall have the authority to modify, revoke, suspend, or void any development permit or, right-of-way encroachment permit or tree removal permit and suspend all work on a property or any portion thereof if a violation occurs until it is determined that the property is in full compliance with the tree ordinance. 18.15. Notice of Violation 18.1.15.1. If, through inspection, it is determined that an applicant , his/her authorized agent(s), or other person or companyindividual or entity has engaged in land disturbing or other prohibited activities which have resulted in the damage or removal of trees without a required permit or approval, or failed to comply with the terms and conditions of an approved tree removal permit or tree canopy plan, or is otherwise responsible for a violation of the tree ordinance, then a written notice of violation may be served upon the applicant, his/her authorized agent(s), and/or any other person or companyindividual or entity responsible for the land disturbance or prohibited activity. 18.2. The notice shall set forth the measures necessary to correct the violation and achieve compliance and shall state the time frame within which such measures must be completed. 15.2. The notice shall set forth the measures necessary to correct the violation and achieve compliance and shall state the time frame within which such measures must be completed. 18.3.15.3. If the applicant, his/her authorized agent(s), or the person or companyindividual or entity otherwise responsible for the violation fails to correct the violation or comply with tree ordinance requirements within the time frame specified on the notice of violation, he/she shall be subject to a citation and may be subject to a stop work order, fines, and penalties pursuant to sections 19 and 20 of the tree ordinance. 18.4. Reinspection to assess compliance after a violation shall require a separate re- inspection fee as set forth in the city’s fee schedule. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 22 19.16. Stop Work Order 19.1.16.1. The administrator may require that work on any project that is in violation of the tree ordinance be immediately stopped to avoid further damage and until such time that the violation has been remedied to the satisfaction of the city arborist. 19.2.16.2. The issuance of a written or verbal notice of violation is not required prior to or in conjunction with the stop work order if the city arborist or city inspector determines that work must be stopped immediately to avoid further damage. 19.3.16.3. The stop work order shall: a. Be in writing; b. State specific violations; c. Be given to the applicant, property owner, the authorized agent(s) of either, or the person individual or entity performing or responsible for the activity resulting in the violation; d. State the conditions under which work may be resumed; and, e. Allow only erosion control work to continue while the stop work order is in effect. 19.4.16.4. Where an emergency exists, a verbal order to stop work by the administrator or his/her agent(s) shall be given, with issuance of a written order required within 24 hours. 19.5.16.5. The city arborist may require that a revised tree canopy plan or separate remediation plan be submitted for approval before remediation or any other work commences on-site. 19.6.16.6. The following violations shall result in issuance of an emergency, verbal stop work order: a. Land disturbing or tree removal within state water buffer or zoning buffer; a. Non-permitted protected tree removal, land disturbance, or prohibited activities within the critical root zone of a specimen or heritage tree; or, b. Land disturbance within the critical root zone of protected trees or removal of trees designated for conservation on an approved tree canopy plan; b.c. Land disturbing or tree removal within state water buffer or zoning buffer; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 23 c. Non-permitted protected tree removal, land disturbance, or prohibited activities within the critical root zone of a specimen or heritage tree; or, d. Improper installation or maintenance of required tree protection measures. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 24 20.17. Fines and Penalties 20.1.17.1. Fines and penalties shall be assessed for citations, according to the following criteria: a. Any person individual or entity who violates any provisions of the tree ordinance may be fined up to $1,000 per tree; a.b. Any individual or entity who has had two or more violations of previous permits or this tree canopy conservation ordinance within three years prior to the date of filing of the application under consideration, the city shall deny the permit application. b.c. Each calendar day a violation exists shall be considered a separate offense; c.d. There are no maximum limitations to the accrual of fines; d.e. In the event a city tree is damaged or destroyed, the person individual or entity responsible may be required to reimburse the city for the appraised tree value; e.f. The replacement of trees and additional tree canopy cover may be required in addition to other fines or penalties imposed; f.g. Offenses shall be tried in Milton Municipal Court; g.h. Each owner of property wherein a violation exists, or each owner of a boundary tree, shall be jointly responsible for said violation; and, h.i. Fines received for violations to the tree ordinance shall be deposited into the tree canopy fund. ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY 21.18. Tree Canopy Management 21.1.18.1. On developed properties, tree canopy cover shall be managed through establishing established tree canopy priorities, tree canopy cover requirements and tree removal permitting and replacement requirements. 22.19. Tree Canopy Priorities 22.1.19.1. Priority areas on developed properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages; c. Turf areas; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 25 d. Required yards; e. Landscape strips and landscape islands; and, f. Buffers. 22.2.19.2. Priority trees for conservation shall be specimen and heritage trees. 23.20. Tree Canopy Cover Requirements 23.1. The minimum amount of tree canopy cover required on a developed lot, in the absence of further development, shall be the amount existing as of the date of adoption of the tree ordinance. 20.1. When an application for a land disturbance, building or demolition permit for additional improvements to a developed lot that will affect, in any way, the existing tree canopy cover on the lot, or when an application for minor plat approval or conceptual plan approval is submitted for a lot previously developed, the amount of tree canopy cover required shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance, and a tree canopy plan shall be required. 20.2. Tree canopy cover requirements pursuant to Article III of the tree ordinance and minimum requirements listed in Table 1 shall apply to developed lots as follows: a. When tree removal is approved; b. When an application is submitted for a land disturbance or building permit for the redevelopment of a lot when the redevelopment will affect, in any way, the existing tree canopy cover on the lot; c. When an application for the approval of a concept plan, preliminary plat, or minor plat is submitted for the lot; and, 20.3. The square foot area within detention ponds, lakes, infrastructure easements that must remain devoid of trees, and that portion of a lot on which agricultural operations are proposed and for which tree canopy cover requirements or replacement have been waived shall be subtracted from the total lot area for the purpose of calculating tree canopy cover percentages for a developed lot. 23.2.20.4. If pertinent, an application for a tree removal permit, a tree protection plan, and a tree planting and maintenance plan for replacement trees shall be submitted with an application for a demolition permit; no demolition permit shall be issued without an approved tree removal permit, tree protection plan, and tree planting and maintenance plan. 24.21. Tree Removal Permit City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 26 24.1.21.1. On a developed lot that is not undergoing further development or improvementredevelopment, a tree removal permit is required prior to the removal of any protected tree or before any protected tree is irreparably damaged or destroyed, resulting in the need for its removal. 24.2.21.2. The removal of a protected tree without a tree removal permit shall constitute a violation of the tree ordinance and may result in a citation and fine for the tree owner and any person individual or entity involved in cutting, removing or damaging the tree. 24.3.21.3. Application for a tree removal permit shall be made by the tree owner or his/her authorized agent, to the community development department. 24.4.21.4. A tree removal permit shall not be required for the removal of city trees by the city or its authorized agent(s). 24.5.21.5. A tree removal permit is not required to remove a tree causing imminent threat to people, property or public health, safety and welfare or under emergency conditions; however, the owner of such trees shall provide an oral or electronic notice to the city arborist via telephone, text or e-mail and written documentation and photographs of the tree and its condition, the threat it poses, or emergency conditions existing at the time of failure or removal prior to or within three (3) days of the removal. 24.6.21.6. A tree removal permit is required for the removal of a dead, unhealthy or invasive tree. 24.7.21.7. A tree removal permit application fee shall be required, except for an application for the removal of a dead, unhealthy or invasive tree. 24.8.21.8. The city arborist shall make a site visit or utilize other appropriate means to inspect the trees proposed for removal within 10 days of the date of application and prior to approving or denying the tree removal permit application to: a. Verify the information contained in the application; b. Verify the amount of tree canopy cover proposed for removal; c. Determine replacement requirements; and, d. Evaluate other conditions on the lot that may affect the city arborist’s decision to approve or deny the tree removal permit application. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 27 24.9.21.9. A tree removal permit shall be approved if one or more of the following conditions are met, as reasonably determined by the city arborist, or a written report from a certified arborist: a. Tree is dead, unhealthy, or invasive; b. Tree is in irreversible decline or at the end of its normal life span; c. Tree is infested with an insect or disease that has compromised the tree’s health and survival, or may harbor an insect or disease organism that threatens surrounding trees; d. Tree is at risk for whole or partial tree failure; e. An unresolvable conflict exists between the tree and overhead utility lines, underground utility lines, utility infrastructure, sidewalks, walkways, other paved surfaces, or an existing structure; f. Removal of the tree is necessary for sight, traffic, pedestrian, vehicle, traffic sign, or other safety-related clearance; g. Trunk A major trunk wounds, cavity or decay is present; with decay exist that cover greater than 25 percent of the circumference of the trunk; h.g. Trunk cavity or central column of decay exists that is greater than two- thirds the diameter of the trunk at the point of the cavity; i.h. Structural defects exist in the scaffold limbs, where defect correction through pruning will result in removal of 50 percent or greater of the tree’s crown; j.i. Litter originating from the tree creates an unsafe condition or poses a hazard to public health, safety and welfare; or, j. Tree is located such that a desired use on a lot (construction, installation, or expansion of a building, pool, garden, or other site amenitiesimprovements) is not possible without the removal of the tree, except that every effort shall be made to place such structures or amenities where tree removal will not be required. 24.10.21.10. A written report by a certified arborist or registered forester may be required by the city arborist with the application for the tree removal permit to verify tree or relevant site conditions. 24.11. A tree removal permit may be approved under other unique conditions or extenuating circumstances by the city arborist. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 28 24.12.21.11. Conditions under which protected tree removal is not permitted include but are not limited to: a. Removal of trees tree canopy cover in excess of the number of trees necessary for the reasons stated on the permit application; b. Removal of tree canopy cover in excess of 20 percent of the overall canopy cover;; a.c. Removal of priority trees and trees in priority areas for conservation; b.d. Tree health or structural issues have not been confirmed by the city arborist or a certified arborist; c.e. Tree removal is proposed for the purpose of sign installation, clearance or visibility, excluding traffic, directional, warning or information signs owned by any public or semi-public agency; d.f. For unwanted production of a normal amount of leaves, fruit, or other organic litter that does not create an unsafe condition or that is not a hazard to public health, safety and welfare; e. To reduce the amount of native tree canopy cover on the lot to install formal, non-native landscaping; f. To substantially increase the amount of turf on the lot without a specific purpose; and, g. To substantially increase the amount of impervious surface on the lot through paving, building construction, or other such impervious feature without an approved tree canopy plan. 21.12. In determining whether to approve an application for a tree removal permit, Tthe city arborist will also take into consideration the amount of tree canopy cover existing on the lot at the time of application for a tree removal permit, the total square feet of tree canopy cover proposed for removal, the amount of tree canopy cover replacement proposed by the applicant, and the number of tree removal permits approved for the lot within the last five (5) years. 24.13.21.13. A tree removal permit may be approved or denied by the city arborist under other unique conditions or extenuating circumstances. 24.14. When trees are removed on a lot without a tree removal permit under imminent threat or emergency conditions, the owner of such trees shall provide an oral or electronic notice via telephone, text or e-mail to the city arborist prior to or immediately after the removal. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 29 21.14. Should the city arborist determine that an imminent threat or emergency removal was not warranted, an after-the-fact permit and fee shall be required in addition to replacement tree planting pursuant to Section 25 of the tree ordinance. 24.15.21.15. Tree removal permits shall expire one (1) year after the date of issuance. 24.16. Replacement of the tree canopy removed, whether permitted or not permitted, shall be required pursuant to Section 25 by the expiration date of the tree removal permit. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 30 25.22. Tree Canopy Replacement 22.1. The square feet of tree canopy cover provided by a protected tree that is approved for removal on a lot shall be replaced as described herein, or in a greater amount as proposed by the applicant and approved by the city arborist. if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 22.2. Trees approved for removal because they have excessive or hazardous litter or noxious fruiting habits shall require replacement as follows: a. The actual tree canopy cover removed if the removal results in the lot having less than the minimum tree canopy cover required for the zoning district as listed in Table 1; or, b. One-half of the actual tree canopy cover removed if the lot meets the minimum tree canopy cover required for the zoning district as listed in Table 1. 22.3. Trees approved for removal for other reasons shall require replacement as follows: a. The actual tree canopy cover removed if less than 10 percent tree canopy cover is removed and if, after removal, the lot has less than the minimum tree canopy cover required for the zoning district as listed in Table 1; b. No replacement of tree canopy cover removed if less than 10 percent tree canopy cover is removed and if, after removal, the lot meets the minimum tree canopy cover required for the zoning district; c. The actual tree canopy cover removed if 10 to 20 percent of the tree canopy cover is removed, and if, after removal, the lot meets the minimum tree canopy cover required for the zoning district; or, a.d. One-and-one-half of the actual tree canopy cover removed if 10 to 20 percent of the tree canopy cover is removed, and if, after removal, the lot does not meet the minimum tree canopy cover required for the zoning district. 25.2.22.4. The square feet of tree canopy cover provided by a protected tree that is topped on a developed commercial or non-residential lot shall be replaced on the lot regardless of whether the lot has the minimum tree canopy cover listed in Table 1. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 31 25.3.22.5. Tree canopy replacement shall not be required after the approved removal of a dead, unhealthy, or invasive tree, after the removal of a tree posing an imminent threat, or after the removal of a tree removed under emergency conditions when verified by the city arborist through the documentation described in Section 24.5. 25.4.22.6. Tree canopy replacement requirements shall be waived not be required after with respect to the approved removal of trees on a developed AG-1 zoned lot greater than 3 1.5 acres that is intended for agricultural land use or use as an equestrian estate or horse farm as follows: in an area where agricultural operations will take place and tree removal is necessary to create open land for such operations under the conditions described below: a. A waiver of minimum tree canopy cover requirements shall be assigned to the lot if requested in writing by the property owner. a. Areas one-half acre or greater intended for the feeding, breeding, or managing of livestock, equine, or poultry shall be enclosed by a fence pursuant to Section 64-212 of the zoning ordinance, except that solid/opaque and chain link fences shall be prohibited. b. If agricultural operations do not begin the lot is not used for agricultural use, an equestrian estate, or horse farm within 2 years after the approved removal of trees for such use, or agricultural operations cease for a period of 2 years more, then the waiver shall become invalid and the minimum tree canopy cover listed in Table 1 replacement of the tree canopy originally approved for removal for the agricultural opearationsoperations shall be required as described in Section 24.3 on the lot within 1 year after the issuance of a written notice of non-compliance by the city. c. Upon redevelopment of a lot with a waiver of tree replacement requirements for the area used for agricultural operations, the waiver shall become invalid and tree canopy cover requirements shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance .application for a development permit on a lot with a waiver of minimum tree canopy cover requirements: 25.4.c.1. The waiver shall become invalid; 25.4.c.2. Tree canopy cover requirements shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance; 25.4.c.3. A tree canopy plan shall be required showing how tree canopy cover requirements will be met on the lot; and, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 32 25.4.c.4. No development permits shall be issued until a tree canopy plan is approved by the city arborist for the lot. 25.5.22.7. For specimen tree replacement, the square feet of tree canopy cover approved for removal, plus an additional 20 percent, to be replaced shall be calculated at 120 percent of the actual tree canopy removed. shall be replaced on the lot if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 25.6.22.8. For heritage tree replacement, the square feet of tree canopy cover approved for removal, plus an additional 40 percent, to be replaced shall be calculated at 140 percent of the actual tree canopy cover removed. replaced on the lot if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 25.7. Protected trees approved for removal because they have excessive or hazardous litter or noxious fruiting habits, including specimen or heritage trees, shall require replacement of no more than one-half of the tree canopy cover approved for removal. 25.8.22.9. Replacement trees shall be a minimum of 2-inch caliper for non-specimen and non-heritage protected trees and 4-inch caliper for specimen or heritage trees at the time of planting. 22.10. When a protected tree is removed without a tree removal permit, replacement of the greater of the actual tree canopy cover removed or the standard tree canopy cover credit for the species shall be required, regardless of whether the lot meets minimum tree canopy cover requirements. In addition, this required amount shall be multiplied by the factor as follows: a. Two (2) times for non-specimen and non-heritage protected trees; b. Four (4) times for specimen trees; c. Eight (8) times for heritage trees; and, Replacement trees shall be a minimum 4-inch caliper. 25.9. When a protected tree is removed without a tree removal permit, two (2) times the standard tree canopy cover credit for the species for non-specimen and non- heritage protected trees, and four (4) times the canopy removed or standard tree canopy cover credit, whichever is greater, for specimen trees and eight (8) times the canopy removed or standard tree canopy cover credit, whichever is greater, for heritage trees, shall be replaced on the lot with 4-inch caliper trees regardless of whether the lot meets minimum tree canopy cover requirements. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 33 25.10.22.11. For specimen and heritage protected tree removal and replacement on commercial and non-residential properties, an approved tree planting and maintenance plan as described in Section 27 shall be required prior to the approval of a tree removal permit. 25.11.22.12. A The tree planting and maintenance plan shall be required for replacement of specimen and heritage protected trees on developed commercial and non-residential properties; the plan shallproperties shall be drawn to scale and include the following: a. Location of lot boundaries; b. Trunk location, species, DBH, and actual tree canopy cover of specimen and heritage trees proposed for removal; c. Trunk location, species, caliper, and tree canopy cover credit for replacement trees proposed for planting; d. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of proposed pruning, timing of removal of staking, and timing of inspections; and, e. Contact information for the person responsible for monitoring compliance with the tree planting and maintenance plan. 25.12.22.13. All planting and maintenance activities for required replacement trees shall be completed in accordance with the standards set forth in the Ttree Cconservation Mmanual. 25.13.22.14. Alternative compliance for tree replacement, as further described herein, pursuant to Section 35, may be recommended by the city arborist and approvedfor approval by the administrator. 25.14. Replacement trees shall be passively protected throughout their lives. ARTICLE III. TREE CANOPY ON UNDEVELOPED AND REDEVELOPED PROPERTY 26.23. Tree Canopy Management 26.1.23.1. On undeveloped and redeveloped properties, tree canopy cover shall be managed through established tree canopy priorities, tree canopy cover requirements, and tree conservation and planting to meet those requirements. 27.24. Tree Canopy Priorities City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 34 27.1.24.1. Priority areas on undeveloped properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages: c. Parking lots; d. Landscape strips and landscape islands; and, e. Buffers. 27.2.24.2. Priority trees for conservation shall be specimen and heritage trees. 25. Preliminary Tree Canopy Plan 25.1. An approved preliminary tree canopy plan that meets the minimum standards set forth in Table 1 and Table 2 shall be required as a condition of approval of any concept plan approval, preliminary plat approval, and minor plat approval. No replanting or recompense will be required upon submittal of such plan, which shall include the following: a. Tree survey per requirements outlined in Section 26.4; b. Trunk location, species and DBH of individual trees proposed for conservation and delineation of each tree’s CRZ, including boundary trees; and, c. Trunk location, species, caliper and square feet of tree canopy cover credit of all trees proposed for planting on the lot to meet tree canopy cover requirements. 28.26. Tree Canopy Plan 26.1. An approved tree canopy plan shall be required as a condition of approval of any land disturbance permit, grading permit, building permit, or demolition permit. Replanting or recompense requirements must be met upon approval of such plan. 28.1. An approved tree canopy plan shall be required as a condition of approval of any land disturbance, building, or demolition permit, minor subdivision plat or conceptual subdivision plan. 28.2.26.2. An approved tree canopy plan shall serve as an approved tree removal permit for the purposes of land development. 28.3.26.3. The tree canopy plan shall be certified by a certified arborist, registered forester, or registered landscape architect. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 35 28.4.26.4. The tree canopy plan shall include a site tree survey, a tree protection plan for existing trees that will remain on a lot and a tree planting and maintenance plan for trees to be planted on the lot to meet tree canopy cover requirements, and shall include the following: a. A table summarizing how tree canopy requirements will be met with conserved and planted trees; b. Surveyed trunk location, DBH, species, DBH and square feet of tree canopy cover of all individually growing protected trees on the lot without overlapping canopies, including boundary trees, with specimen and heritage trees identified; c. Location of tree groups and forested areas with a general description of primary species and estimate of average DBH,; and square feet of tree canopy cover of each tree group and forested area; The square footage of ground area within the outer perimeter of the combined driplines of all trees within the group can be measured using one of the following methods: 26.4.c.1. On the ground by a surveyor, the city arborist, a certified arborist or other qualified individual 28.4.b.1.26.4.c.2. Online using the most current aerial photography and an area measuring tool on the Fulton County geographic information system c. Trunk location, species, DBH, location of the critical root zone and square feet of tree canopy cover of individual trees proposed for conservation; d. Trunk location, species, and caliper of all trees proposed for planting; e.d. Outline of the improved area and construction zone (see the detail in Appendix D of the Tree Conservation Manual);; f.e. Location of all existing and proposed improvements, including buildings, driveways, walkways, other structures and impervious surfaces, and sanitary sewer systems (septic tanks, lines and primary drain fields); g. planting, staking and mulching; h. Location and type of all existing and proposed utilities; i. Location of storage and parking areas for soil, construction materials, personal vehicles and construction equipment; j. Location of equipment washout rea and equipment maintenance area outside of all tree protection zones and tree planting areas. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 36 k.f. Location of ingress and egress points and access roads for vehicles and construction equipment; l.g. Grade changes, areas of excavation and fill, location of retaining walls, and other changes to the existing grade that may affect the critical root zones of trees proposed for conservation; and, m.h. Name and contact information of property owner and primary authorized agent(s) responsible for tree canopy plan compliance. 28.5.26.5. The site tree survey shall be certified by a registered surveyor, certified arborist, registered forester, or registered landscape architect.. 28.6.26.6. A tree protection plan shall be required as part of the tree canopy plan when trees are proposed for conservation to meet tree canopy cover requirements and may be a separate plan or a part of the tree canopy plan . 28.7. A tree protection plan shall be required with an application for a right-of-way encroachment permit either related, or unrelated, to development, for any activity on city or private property that will encroach on the critical root zone of a city tree. 28.8.26.7. The tree protection plan shall be certified by a registered forester, certified arborist or registered foresterlandscape architect. 28.9.26.8. The city arborist shall be responsible for reviewing all tree protection plans and shall determine whether the tree protection plan complies with all applicable tree ordinance requirements. 28.10. For tree protection plans required for right-of-way encroachment permit applications, a tree protection plan review fee shall be required at the time of application in an amount set forth in the city’s fee schedule. 28.11.26.9. The tree protection plan shall be drawn to scale and shall include the following: a. Map of the lot delineatingDelineation of the lot boundaries and limits of area where disturbance activity will occur; b. Location of storage and parking areas for soil, construction materials, personal vehicles and construction equipment; c. Location of equipment washout area and equipment maintenance area outside of all tree protection zones and tree planting areas; a.d. Location of ingress and egress points and access roads for vehicles and construction equipment; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 37 b. Trunk location, species, and DBH of trees to be protected; e. Trunk location, species and DBH of individual trees proposed for conservation and delineation of each tree’s CRZ, including boundary trees; c.f. Location of the limits of the critical root zones and tree protection fencing; d.g. Notations of all methods of tree protection to be used with descriptions of materials to be used; e.h. Illustrations and construction details for the tree protection zone and tree protection fencing, and tree protection zone signage located in Appendix D of the Tree Conservation Manual; and,; f. Sign and text size, color, composition, and text of signage to be used in identifying the area as a tree protection zone; and, g.i. Name and contact information for the person responsible for monitoring and maintaining tree protection measures during construction. 28.12.26.10. A tree planting and maintenance plan shall be required as part of the tree canopy plan when trees are proposed for planting on a lot to meet tree canopy cover requirements, and for the planting of replacement trees for specimen and heritageprotected trees approved for removal on developed commercial and non-residential properties. 28.13.26.11. The tree planting and maintenance plan shall be certified by a certified arborist, registered forester, certified arborist or registered landscape architect. 28.14.26.12. The city arborist shall be responsible for reviewing all tree planting and maintenance plans and shall determine whether the plan complies with all applicable tree ordinance requirements. 28.15.26.13. The tree planting and maintenance plan required with the tree canopy plan shall be drawn to scale and shall include the following: a. Location Delineation of lot the boundaries. b. Trunk location, species, caliper and square feet of tree canopy cover credit of all trees proposed for planting on the lot to meet tree canopy cover requirements; b.c. Construction details for planting, staking and mulching located in Appendix D of the Tree Conservation Manual; c.d. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 38 proposed pruning, timing of removal of staking, and timing of inspections; and, d.e. Contact information for person responsible for monitoring compliance with the tree planting and maintenance plan. 28.16.26.14. The tree canopy plan, site tree survey, tree protection plan, and tree planting and maintenance plan may be combined onto a single plan if all required information can be clearly depicted 28.17.26.15. The city arborist shall be responsible for reviewing all tree canopy plans and shall decide whether the tree canopy plan shall be approved, denied, or approved with changes. 28.18.26.16. A tree canopy plan review application fee shall be required at the time of plan submittal in an amount set forth in the city’s fee schedule. 26.17. No protected tree damage or removal, or land disturbance shall take place on an undeveloped lot or a developed lot proposed for redevelopment without an approved tree canopy plan showing how tree canopy cover requirements will be met. 28.19.26.18. A revised tree canopy plan must be approved before a certificate of occupancy is issued or a final plat is approved if substantial changes to the plan are proposed for the lot or have taken place on the lot. 28.20. Conformance with all aspects of an approved tree canopy plan, as determined by the city arborist, shall be required prior to the issuance of a certificate of occupancy or final plat approval. 28.21. All tree protection, planting and maintenance activities shall be completed in accordance with the standards set forth in the tTree Cconservation Mmanual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 39 29.27. Tree Canopy Cover Requirements 29.1.27.1. Tree canopy cover shall be required on all undeveloped properties as a condition of development except where otherwise exempted by provisions of this ordinance. 29.2.27.2. The amount of tree canopy cover required on a lot as a condition of development shall be the amount currently existing outside of the improved area and within the lot boundaries, or the minimum amount set forth in Table 1 and Table 2, whichever is greater, and shall include trees in required locations as described in Section 2930. 29.3.27.3. The minimum amount of tree canopy cover required shall be based on the zoning district, and lot size for residential properties, and shall be as set forth in Table 1. The square foot area within detention ponds, lakes, infrastructure easements that must remain devoid of trees, and that portion of a lot on which agricultural operations are proposed and for wh ich tree canopy cover requirements or replacement have been waived shall be subtracted from the total lot area for the purpose of calculating tree canopy cover percentages for the entire lot. Table 1. Minimum Tree Canopy Cover Required by Zoning District Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area AG-1 60% C-1 50%20% CBS 50% CS 50% CUP 60% H 30% MHP 60% MIX 40% NUP 60% City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 40 O-I 40% R-1 60% R-2 60% R-2A 60% R-3 50% R-3A 50% R-4 50% R-4A 50% R5 40% R-5A 40% R-6 40% Suburban A 50% T2 60% T3 50%40% T4 30% T4 - Open 30% T4P 30% T4R 30% T5 10% T5R 10% T6 10% TR 30% Table 2. Tree Canopy Cover for Undeveloped Residential Lots Residential Lot Size Canopy Cover Impervious Coverage Canopy Cover Requirement Less than 0.33 acre regardless of zoning district N/A N/A 20% max 0.33 – 0.99 acre regardless of zoning district N/A N/A 50% max City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 41 Table 2. Tree Canopy Cover for Undeveloped Residential Lots 1.0 – 1.49 acres N/A N/A Zoning district requirement per Table 1 1.5 acres or greater and not part of a common development 25% or less for at least 10 years prior to development N/A ½ zoning district requirement per Table 1 Greater than 25% or the canopy coverage has been 25% or less shorter than 10 years prior to development N/A Zoning district requirement per Table 1 3.0 - 4.99 acres Greater than 25% * 10% - 15% The zoning district requirement per Table 1 less 5 percent Greater than 25% * Less than 10% The zoning district requirement per Table 1 less 10 percent 5.0 acres or greater Greater than 25% * 10 - 15% The zoning district requirement per Table 1 less 10 percent Greater than 25% * Less than 10% The zoning district requirement per Table 1 less 15 percent 1.5 acres or greater with documented agricultural operations N/A N/A 0% *Residential lots with less than 25% existing canopy cover shall utilize the criteria as shown above for residential lots 1.5 acres or greater 27.4. In subdivision developments, tree canopy cover requirements shall apply to both either the entire development and or to each lot within the development. 27.5. Notwithstanding the minimum tree canopy cover requirements in Table 1 for the zoning district, the following exceptions are established: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 42 a. Residential lots less than one-third acre in size shall not be required to have greater than 20 percent tree canopy cover; and, b. Residential lots one-third acre and greater but less than 1 acre in size shall not be required to have greater than 50 percent tree canopy cover. c. The residential lot described herein shall be the total lot area minus the conditions of Section 27.3. 29.4.27.6. Residential lots that are equal to or greater than 1.5 acre and not part of a common development, and have had 25 percent tree canopy cover or less for at least 10 years prior to development as documented through historical aerial photography or other photographic evidence, shall have their minimum tree canopy cover requirement reduced by one-half, except that trees shall still be required in rural viewsheds, road frontages, parking lots, landscape strips and buffers as required by the tree ordinance and the zoning regulations. 29.5.27.7. Residential lots that are 53 acres or greater but less than 5 acres in size with greater than 25 percent tree canopy cover shall have their minimum tree canopy cover requirement reduced by 5 percent (for example, a requirement of 60 percent becomes 55 percent) if they also have less than10 to 15 percent total impervious surface on the lot, or by 10 percent (i.e.,for example, a requirement of 60 percent becomes 50 percent) if they also have less than 10 percent total impervious surface on the lot. 27.8. Residential lots that are 5 acres or greater in size with greater than 25 percent tree canopy cover shall have their minimum tree canopy cover requirement reduced by 10 percent (for example, a requirement of 60 percent becomes 50 percent) if they also have 10 to 15 percent total impervious surface on the lot, or by 15 percent (i.e. for example, a requirement of 60 percent becomes 45 percent) if they also have less than 10 percent total impervious surface on the lot. 27.9. Residential lots that are greater than 3 acre1.5 acres or greater shall be exempt from may request that minimum tree canopy cover requirements be waived on that area of the lot where agricultural operations that require open land without trees are proposed, under the conditions that follow. if the proposed use is for an equestrian estate, horse farm or other agricultural land use, except that trees shall still be required in rural viewsheds, road frontages, parking lots, landscape strips and buffers as required by the tree ordinance and the zoning regulations. In such cases, a waiver of minimum tree canopy cover requirements shall be assigned to the lot. If the property is not used for agricultural use, an equestrian City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 43 estate, or horse farm for any 2-year period after the issuance of a certificate of occupancy, then the waiver shall become invalid and the minimum tree canopy cover listed in Table 1 shall be established on the lot within 1 year after issuance of a written notice of non-compliance by the city. a. If the agricultural operations do not begin within 2 years or cease for any 2- year period after the issuance of a certificate of occupancy, then the waiver of minimum tree canopy cover requirements for the area shall become invalid and the minimum tree canopy cover requirement listed in Table 1 and Table 2 shall be established on the entire lot within 1 year after issuance of a written notice of non-compliance by the city. 29.6.27.10. Recompense for specimen trees approved for removal within the improved area shall be required at 120 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements before recompense. 29.7.27.11. Recompense for heritage trees approved for removal within the improved area shall be required at 140 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements before recompense. 29.8.27.12. Trees shall be conserved for tree canopy cover credit in accordance with the requirements that follow. a. All healthy trees outside of the improved area shall be conserved and protected from damage during construction. b. Trees outside of the construction zone, but within the remaining improved area, may be conserved for tree canopy cover credit if they can be successfully protected from damage during construction as determined by the city arborist. c. Trees shall be conserved to the greatest extent possible in priority areas to meet tree canopy cover requirements. d. Regardless of whether the lot meets minimum tree canopy cover requirements, trees shall be required, either conserved or planted, in rural viewsheds, road frontages, parking lots, landscape islands, landscape strips and buffers as set forth in the zoning regulations and Section 29 30 of the tree ordinance. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 44 e. Existing trees 2 inches DBH and greater, except for invasive species listed on the tree species list Tree Species List or otherwise known to be invasive, shall be eligible for tree canopy cover credit. f. Every effort should be made to conserve trees, especially pine trees, in groups or stands, especially pine trees, as the conservation of only a single or few trees previously growing within a stand will predispose such trees to windthrow. g. Individual trees without overlapping crowns shall be given their actual tree canopy cover or the standard tree canopy cover credit for the species. h. Groups of 4 or less trees with overlapping crowns and forested areas shall be given the actual tree canopy cover credit for the group or area as a whole. and less than 2,500 square feet of tree canopy cover shall be given the actual tree canopy cover credit for the group as a whole. Forested areas shall be given the actual tree canopy cover credit for the forested area as a whole. i.h. Individual trees within tree groups and forested areas shall not individually or separately be given tree canopy cover credit. j.i. Forested areas shall remain in an undisturbed condition and turf, mowing, removal of the natural leaf litter, and clearing of underbrush other than invasive plants are prohibited within the limits of the forested area. k.j. No tree maintenance shall be required in forested areas, except for that necessary to maintain a healthy stand of trees. l.k. Forested areas dominated by non-native, invasive, and/or exotic plant species (kudzu, for example) shall not be eligible for tree canopy cover credit. m. A tree removal permit is required to remove a protected tree within a forested area. n.l. Trees conserved to meet tree canopy cover requirements shall be actively protected during construction. and passively protected at all times. o. On commercial and other non-residential properties, specimen and heritage trees that have been conserved to satisfy tree canopy cover requirements shall be passively protected throughout their lives. p. Tree canopy cover credit shall be assigned to conserved individual trees and groups of trees as further set forth in the tree conservation manual.Tree Conservation Manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 45 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 46 29.9.27.13. Tree Planting for Canopy Credit a. When tree conservation alone cannot satisfy the tree canopy cover and location requirements, the planting of additional trees shall be required. b. A standard amount of tree canopy cover credit shall be assigned to a planted tree based on its species and tree canopy size class as set forth in the Tree Species List located in Appendix C of the Tree Conservation Manual.tree species list located in the tree conservation manual. c. Trees planted to meet tree canopy cover requirements shall be passively protected at all times. 30.28. Required Tree Locations 30.1.28.1. Rural Viewsheds a. Where rural viewsheds that must include trees are required in accordance with zoning regulations, the entire area encompassed by the rural viewshed shall be eligible for tree canopy cover credit. b. For minor subdivisions and individual undeveloped residential properties, the conservation of trees in a rural viewshed shall be eligible for a bonus of 20 percent additional square feet of tree canopy cover credit. For example, if the rural viewshed has encompasses 3,000 square feet of actual tree canopy cover, a bonus of 600 square feet will be added as a bonus for a total tree canopy cover credit of 3,600 square feet. c. Individual trees, conserved or planted, trees within rural viewsheds shall not be given tree canopy cover credit. individually or separately. d. No disturbance of the vegetation, including herbaceous plants, shrubs or vines, is allowed within forested areas conserved for rural viewsheds, except for the removal of Chinese privet (Ligustrum sinense), kudzu (Pueraria montana var. lobata), or English ivy (Hedera helix) and other invasive species with city arborist approval. e. Trees shall be planted at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, tree conservation manual, except that closer spacing or clumping may be approved by the city arborist if the design meets the purpose and intent of the tree ordinance. 30.2.28.2. Road Frontages a. In all new developments, a minimum of 1 street tree per 30 linear feet an average of 1 street tree per 50 linear feet shall be required along road City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 47 frontages on private property to provide tree canopy over paved streets, sidewalks, and trails. b. Street tree requirements may be met with either conserved or planted trees. c. For planted street trees, the amount of available growing space above and below ground shall dictate which tree species may be planted as set forth in the Tree Conservation Manual.tree conservation manual. c. Trees in the very narrow or narrow tree canopy size class in the Tree Species List shall not be used to satisfy Road Frontage requirements unless adequate growing space does not exist for trees in the wide or very wide tree canopy size classes. d. Trees of the largest mature height and widest tree canopy size classes that match the available growing space within the road frontage shall be planted. e. Street trees shall be planted at a spacing compatible with tree placement standards set forth in the tTree cConservation mManual, except that closer spacing or clumping may be approved by the city arborist if the design meets the purpose and intent of the tree ordinance. f. Street trees may be planted on the city street right-of-way if adequate growing space does not exist within the private property road frontage, but does exist within the city street right-of-way, if approved by both the city arborist and public works director. 30.3.28.3. Parking Lots a. Parking lot landscaping shall conform to requirements in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64- 238 – Parking lot landscaping, and to the requirements set forth herein. Where differences between the provisions exist, the more restrictive provisions shall prevail. b. All parking lots shall be required to have a minimum of 60 percent tree canopy cover. c.b. Trees shall be evenly distributed throughout the parking lot to maximize tree functions and benefits. d.c. There shall be a minimum of one (1) very wide or wide canopy tree for every 6 parking spaces. e.d. Trees in the very narrow tree canopy size class shall not be eligible for tree canopy cover credit in parking lots. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 48 f.e. At least 75 percent of the trees planted to meet parking lot tree canopy requirements shall be trees in the very wide or wide tree canopy size classes. g.f. No parking space shall be greater than 60 feet from the trunk of a tree. h.g. All trees planted within parking areas or otherwise surrounded by pavement shall have a minimum amount of open soil surface and rooting area in accordance with the standards set forth in the tree conservation in Table D of the Tree Conservation Manual.manual. i.h. In parking lots and other paved areas where expanded rooting and water infiltration areas are created with permeable pavement, structural soils or suspended pavement, the minimum open soil surface area may be reduced up to 50 percent if permeable pavement is used or up to 30 percent if structural soils or suspended pavement are used. j.i. Light poles and trees shall not share parking lot landscape islands to eliminate the need for severe pruning of tree crowns as they mature. k.j. Stormwater runoff into parking lot landscape islands may be permitted upon approval by the city arborist if the design meets the intent and purpose of the tree ordinance. 30.4.28.4. Landscape Strips a. Landscape strips shall be required as set forth in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64-237 – Minimum landscape strips and buffers, zoning regulations and the requirements set forth herein; where differences between the provisions exist, the more restrictive provisions shall prevail. b. Trees within required landscape strips shall be provided as follows: 30.4.b.1.28.4.b.1. In landscape strips 25 feet wide or less, a minimum an ofaverage of not less than one (1) tree for every 30 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the Ttree Cconservation mManual, except that closer spacing or clumping may be approved by the city arborist. 30.4.b.2.28.4.b.2. In landscape strips greater than 25 feet wide, a minimum of one (1) tree for every 20 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, tree conservation manual, except that closer spacing or clumping may be approved by the city arborist. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 49 30.4.b.3.28.4.b.3. Clumping is permitted to create a more natural-looking landscape. 30.4.b.4.28.4.b.4. All required landscape strips shall be designed with at least 60 percent tree canopy cover with no more than 40 percent cover in grass or ground cover. 30.4.b.5.28.4.b.5. All species within required landscape strips must be ecologically compatible with the growing site. 30.4.b.6.28.4.b.6. Trees in the very narrow or narrow tree canopy size class in the tree species listTree Species List shall not be used to satisfy landscape strip requirements unless adequate growing space does not exist for trees in the wide or very wide tree canopy size classes. 30.4.b.7.28.4.b.7. No permanent structures shall be permitted within landscape strips, including retaining walls, curbing, dumpsters, detention facilities, etc. 30.4.b.8.28.4.b.8. Monument signs, fences, drainage structures, knee walls, or sidewalks may be permitted within landscape strips if it is determined by the city arborist that their placement is consistent with the purpose and intent of this ordinance. 30.4.b.9.28.4.b.9. Curb stops shall be used to prevent vehicle overhang into require landscape strips and parking lot landscape islands, with one curb stop per parking stall required. 30.4.b.10.28.4.b.10. Signs within required landscape strips shall be subject to the approval of the department of community development and may only be located in areas of turf or groundcover, and shall not conflict with the growing space designated for trees and shrubs. 30.4.b.11. The deposition of stormwater runoff into drainage swales through landscape strips is not permitted. Exceptions will be considered by the city arborist only if this standard will create an undue hardship to the property owner. Unless approved by the city arborist, the width of a drainage easement through a landscape strip shall not exceed the width of the strip . 30.4.b.12.28.4.b.11. When fencing is required as a condition of rezoning, the finished surface of the fence must face externally to the project. The exact location for fence placement within the landscape strip will be determined on a case by case basis by the city arborist and may be approved if the design meets the intent and purpose of the tree ordinance. 30.5.28.5. Buffers City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 50 a. Buffers required pursuant to Chapter 64-237 – Zoning shall provide a visual and noise barrier and where sparsely vegetated or where disturbed for approved access and utility crossings, they must be replanted. b. Required buffers shall remain undisturbed and activelybe passively protected for the duration of the permitted use for the site. c. Buffers must be replanted where sparsely vegetated or where disturbed for approved access and utility crossings. d.c. Trees approved for planting in buffers shall be primarily slow growing evergreen trees selected from the tree species listTree Species List and shall be subject to the approval of the city arborist; up to 15 percent of the trees conserved or planted in buffers may be small height class hardwood trees approved for buffers as indicated on the Tree Species Listtree species list. e.d. Trees shall be a minimum of five (5) feet in height at time of planting, with branching all the way to the ground required for evergreen trees. f.e. The number of planting rows for trees in buffers shall be determined by the buffer width, as set forth in Table 2. Table 2. Minimum Rows for Buffers by Width Buffer Width Minimum Planting Rows Less than 20 feet 2 rows 20 feet to 30 feet 3 rows 31 feet to 50 feet 4 rows Greater than 50 feet 4 plus 1 row for each additional 15 feet g.f. Drainage through buffers is subject to the approval of the administrator. h.g. Encroachment into buffers for the construction of retaining walls, footings, or wall supports is not permitted unless otherwise specified in the conditions of rezoning. Encroachments into buffer shall require zoning modifications or variances as applicable. i.h. All buffers require a 10-foot improvement setback interior to the buffer. j.i. No grading is allowed in the improvement setback unless permission is obtained from the administrator. k.j. Signs are not permitted within required undisturbed buffers. 31.29. Topped Trees City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 51 31.1.29.1. Trees that have been topped shall not be eligible for tree canopy cover credit. 31.2.29.2. On developed commercial and non-residential properties, the credit previously given to a protected tree as shown on an approved tree canopy plan that is subsequently topped shall be revoked and replacement tree canopy shall be required in an amount equal to the tree canopy credit assigned to the topped tree. 32.30. Minimum Landscape and Maintenance Requirements 32.1.30.1. Prior to the issuance of a certificate of occupancy or final plat approval, minimum landscape requirements shall be met that include the following: a. All exposed ground on a lot shall be covered with either turf, herbaceous plants, shrubs or trees; b. The planting of English ivy, Chinese privet, kudzu or other invasive species as a ground cover shall be prohibited; c. The critical root zone of all individually growing trees shall be mulched; d.c. Tree groups not within a forested area shall be mulched as a group; e.d. Forested areas shall be left undisturbed with the natural leaf litter layer on the surface remaining intact; and, f.e. Mulching shall conform to the standards set forth in the tree conservation manualTree Conservation Manual. 32.2.30.2. After the issuance of a certificate of occupancy or final plat approval, minimum landscape maintenance shall include the requirements that follow. a. Protected trees that are approved for removal shall be replaced pursuant to Section 25. b. Trees required within rural viewsheds, road frontages, landscape islands, landscape strips and buffers shall be maintained in accordance with the standards set forth in the tree conservation manualTree Conservation Manual. c. Trees conserved and planted to meet tree ordinance requirements shall be passively protected at all times.throughout their lives. 33.31. Landscape Performance Bond City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 52 33.1.31.1. When the planting of trees and other required landscape plants cannot be completed during the planting season, a landscape performance bond shall be issued to the city. 33.2.31.2. The amount of the bond shall be equal to 125 percent of the total cost to purchase and install the trees and landscape plants based on the average of three (3) written estimates provided by the applicant.or as approved by the city arborist. 33.3.31.3. The planting of trees and landscape plants covered by a landscape performance bond shall be completed within 1 year of the issuance of the bond. 33.4.31.4. If tree planting is not completed within 1 year of the issuance of the bond, the city may use the bond to plant the required trees and landscape plants on the lot, or off-site in a registered tree bank. 33.5.31.5. Upon the successful planting of all required trees and landscape plants by the applicant, the landscape performance bond shall be returned. 34.32. Certificate of Occupancy and Final Plat Approval 34.1.32.1. A certificate of occupancy or final plat approval shall only be issued if all the following conditions have been met: a. Applicant meets all tree ordinance requirements. b. Lot conforms to all aspects of the tree canopy plan. c. All trees required to be planted by the tree canopy plan, tree planting and maintenance plan, remediation plan, City of Milton zoning ordinance, variance conditions or other conditions for a development permit or plan approval, have been installed on the lot or in a tree bank. d. Required payments have been made to the tree canopy fund. e. Any civil penalties or other monetary obligations assessed for violations of the tree ordinance have been paid. f. All replacement trees and tree canopy cover required due to violations of the tree ordinance have been installed. 34.2.32.2. A temporary certificate of occupancy may be granted by the administrator before all trees have been planted if a landscape performance bond has been issued to the city. 35.33. Alternative Compliance City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 53 35.1.33.1. Alternative compliance for a portion of the tree canopy cover required on a lot may be approved by the administrator pursuant to the provisions of this section. 35.2.33.2. Subdivision developments as a whole are not eligible to use alternative compliance; owners of individual properties within a subdivision development may be eligible to use alternative compliance. 35.3.33.3. Alternative compliance shall be either the planting of trees off-site in a registered tree bank in an amount equal to the proposed tree canopy cover deficit or replacement deficit, or a payment made by the applicant to the City of Milton Tree Canopy Fund for the tree canopy value of the deficit. 35.4.33.4. Planting trees off-site in a tree bank for a maximum of one-half (1/2) of the tree canopy cover requirement or tree replacement requirement may be approved. 35.5.33.5. The city shall maintain a list of registered tree bank sites, which may include open space on city property or on developed, private property. 35.6.33.6. Owners of developed properties with at least 8,000 square feet of open space may apply to the city to have their open space registered as a tree bank under the conditions set forth in the tree conservation manual. Tree Conservation Manual. 35.7.33.7. The use of the tree bank shall be approved by the administrator under the following conditions: a. The maximum amount of tree canopy cover possible on the lot is conserved and/or planted, as determined by the city arborist; and, b. A registered tree bank site is available with enough space to accommodate the trees and their required growing space. 35.8.33.8. Applicants wishing to plant trees off-site shall execute a letter of agreement directly with the registered tree bank owner that must include, at a minimum: a. Applicant’s name and contact information; b. Number of trees to be planted by species and caliper; c. Planting schedule including projected beginning date of planting and projected completion date of planting; d. Name and contact information for applicant’s agent who will be responsible for the planting of trees on the tree bank site; and, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 54 e. Commitment to maintain the property in the condition in which it was found prior to the planting operation. 35.9.33.9. Trees planted in tree banks shall meet all the same requirements as for trees planted on-site. 35.10.33.10. A tree planting and maintenance plan developed and submitted by the applicant shall be required. 35.11.33.11. The applicant shall be responsible for the planting of trees off -site in a tree bank. 35.12.33.12. The registered tree bank owner shall be responsible for the required maintenance and protection of tree bank trees. 35.13.33.13. The area planted or conserved as a tree bank shall remain covered by tree canopy in perpetuity, unless otherwise modified with the approval of the city arborist. 35.14. The removal of trees within a tree bank shall require a tree removal permit. 35.15.33.14. A payment to the tree canopy fund in lieu of the conservation or planting of tree canopy cover for a maximum of one-third (1/3) of the tree canopy cover requirement or tree replacement requirement shall be approved by the administrator under the following conditions: a. The conservation or planting of the required tree canopy cover or replacement trees will eliminate the owner’s ability to utilize their lot for a specific, permitted use as described in writing by the property owner; and, b. No tree bank location is available for the planting of trees off-site. 35.16.33.15. Payments into the tree fund for tree canopy cover requirement deficit shall be calculated using the tree canopy value set forth in the city’s current fee schedule. 36.34. Tree Canopy Fund 36.1.34.1. There is hereby adopted a City of Milton Tree Canopy Fund to be established for the deposit of payments required by the tree ordinance or donated for other community forest management activities. 36.2.34.2. In addition to receiving payments for tree canopy cover requirement deficit, the tree canopy fund shall also receive as revenue: a. Donations for tree program activities; and, b. Fees for tree-related permits and plans review; and, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 55 c.b. Fines for violation of the tree ordinance. 36.3.34.3. Tree canopy funds may be expended for: a. The purchase, planting and maintenance of trees on city property; and, b. Community forestry management activities conducted by the city to sustain, increase and improve tree canopy cover. 37.35. Timber Harvesting 37.1.35.1. For lots greater than 2 acres, a timber harvesting notification shall be required and shall be submitted to the community development department before any timber harvesting may commence. 37.2.35.2. A 50-foot undisturbed buffer around the perimeter of a lot where timber harvesting will occur shall be required in all zoning districts. 37.3.35.3. The clearcutting of timber shall be allowed on AG-1 zoned land only. 37.4.35.4. Thinning shall be allowed in all zoning districts and land uses. 37.5.35.5. Except for AG-1 zoned properties, an approved tree canopy plan shall be required before timber harvesting may commence. 37.6.35.6. No development permits shall be issued for a lot for a period of 5 years after the completion of timber harvesting operation s unless a tree canopy plan has been submitted for the lot concurrent with the submittal of the timber harvesting notification. 37.7.35.7. When a tree canopy plan is required or voluntarily submitted for a lot on which clearcutting or thinning will occur, the following requirements shall apply: a. The tree canopy plan shall show the location of the required 50-foot undisturbed buffer, any state water buffers, areas to be clearcut, areas to be thinned, and all specimen and heritage trees; b. The lot must meet the tree canopy cover requirements for the zoning district for the entire lot upon completion of timber harvesting; and, c. The conservation of specimen trees and heritage trees shall be required, and all specimen and heritage trees conserved shall be actively protected during timber harvesting operations in accordance with the standards set forth in the tree conservation manual.Tree Conservation Manual. 37.8.35.8. Stump removal or grading shall be prohibited as part of normal timber harvesting operations that are not related to development. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted February 5, 2018Adopted April 4, 2018 Page 56 37.9.35.9. Clearcutting, thinning or land disturbance shall not be allowed within state water or wetland buffers. 37.10.35.10. Compliance with the soil erosion and sedimentation control ordinance is required. 37.11.35.11. All timber harvesting operations shall comply with the most current Georgia’s Best Management Practices for Forestry available from the local office of the Georgia Forestry Commission. City of Milton, Georgia Chapter 60 – Tree Canopy Conservation Ordinance Draft 4.6e April 4, 2018 (Mark-up of proposed changes to adopted version dated February 5, 2018) City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page i Table of Contents ARTICLE I. IN GENERAL ............................................................. 1 1. Title ................................................................................................................................................... 1 2. Purpose and Intent ........................................................................................................................... 1 3. Administrator .................................................................................................................................... 1 4. Applicability and Exemptions ............................................................................................................ 2 5. Tree Conservation Manual ................................................................................................................ 3 6. Definitions ......................................................................................................................................... 3 7. Protected Trees ............................................................................................................................... 11 8. Specimen Trees ............................................................................................................................... 11 9. Heritage Trees ................................................................................................................................. 12 10. City of Milton Tree Species List ................................................................................................... 14 11. Hazardous Trees on Private Property ......................................................................................... 15 12. Appeals and Variances ................................................................................................................ 15 13. Inspections .................................................................................................................................. 16 14. Enforcement ............................................................................................................................... 17 15. Notice of Violation ...................................................................................................................... 17 16. Stop Work Order ......................................................................................................................... 17 17. Fines and Penalties ..................................................................................................................... 18 ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY ..........................................19 18. Tree Canopy Management ......................................................................................................... 19 19. Tree Canopy Priorities ................................................................................................................. 19 20. Tree Canopy Cover Requirements .............................................................................................. 20 21. Tree Removal Permit .................................................................................................................. 20 22. Tree Canopy Replacement .......................................................................................................... 23 ARTICLE III. TREE CANOPY ON UNDEVELOPED AND REDEVELOPED PROPERTY ....26 23. Tree Canopy Management ......................................................................................................... 26 24. Tree Canopy Priorities ................................................................................................................. 26 25. Preliminary Tree Canopy Plan ..................................................................................................... 26 26. Tree Canopy Plan ........................................................................................................................ 27 27. Tree Canopy Cover Requirements .............................................................................................. 30 28. Required Tree Locations ............................................................................................................. 35 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Draft April 4, 2018 Page ii 29. Topped Trees .............................................................................................................................. 40 30. Minimum Landscape and Maintenance Requirements .............................................................. 40 31. Landscape Performance Bond .................................................................................................... 40 32. Certificate of Occupancy and Final Plat Approval ....................................................................... 41 33. Alternative Compliance ............................................................................................................... 41 34. Tree Canopy Fund ....................................................................................................................... 43 35. Timber Harvesting ....................................................................................................................... 43 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 1 ARTICLE I. IN GENERAL 1. Title 1.1. This chapter shall be known as the Tree Conservation Ordinance of the City of Milton, Georgia or the “tree ordinance”. 2. Purpose and Intent 2.1. The purposes of the tree ordinance are to: a. Create a living and working environment for Milton’s citizens and visitors that is attractive, healthy and safe; b. Manage and utilize trees for the economic, environmental, and social functions and benefits they provide; and, c. Provide a framework for accomplishing the goals and objectives in the City’s comprehensive plan and other community, environmental and conservation ordinances, plans and policies. 2.2. The intent of this ordinance is to: a. Promote human, environmental and economic health within the community; b. Promote shared responsibility by all property owners to contribute to tree canopy cover; and, c. Establish the minimum amount of regulations that will achieve the vision and goals of the city and produce the desired outcomes. 3. Administrator 3.1. The director of the community development department or his/her designated agent(s) shall be the administrator of the tree ordinance. 3.2. The city arborist shall be the primary agent responsible for the administration of the tree ordinance for the administrator. 3.3. The administrator shall have the authority to waive any provision of this tree ordinance where such waiver is consistent with the purpose and intent of this ordinance and is in the best interest of the public health, safety and welfare. The following factors shall be considered in evaluating the waiver request: a. Whether a literal enforcement of the tree ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; b. Whether the situation causing the undue hardship or practical difficulty is unique to the affected lot and is not self-imposed; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 2 c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the variance will injure or be wholly compatible with the use and future or existing development of adjacent properties; e. Whether the increased development costs caused by conserving the tree create an undue hardship on the development of the lot; f. Whether there is any identified adverse effect of the alteration or conservation on erosion, soil moisture retention, flow of surface water, and drainage systems; g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non-residential uses. h. The costs versus the benefits of relocating required utility service infrastructure and easements based on the conservation or alteration of protected trees; i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects public health, safety and welfare; k. Whether the granting of the variance will be in harmony with the purpose and intent of the tree ordinance to the greatest degree reasonably possible. 4. Applicability and Exemptions 4.1. The terms and provision of the tree ordinance shall apply to: a. All real property within the City of Milton unless otherwise exempted herein; b. Any activity that requires the issuance of a land disturbance permit, grading permit, building permit, demolition permit, permit or tree removal permit; c. Any activity that requires a concept plan approval, preliminary plat approval, or minor plat approval, and, d. All protected trees. 4.2. The activities, properties and trees that are exempt from the requirements of the tree ordinance are: a. Removal of trees posing an imminent threat or under emergency conditions such as, but not limited to, fire or severe weather; b. Commercial tree nursery and tree farm operations; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 3 c. Trees directed to be removed by municipal, county, state or federal authorities pursuant to law; d. Any area designated as an Agricultural Operation; e. Trees removed or pruned by utility companies as part of routine vegetation management activities, except that all removal and pruning should be done in accordance with the arboricultural standards set forth in the Tree Conservation Manual. f. Projects for which a concept plan, preliminary plat, minor plat, land disturbance permit, grading permit, demolition permit or building permit was approved prior to February 5, 2018. These project will be subject to the former Tree Preservation Ordinance (Ord. No. 10-07-67, § 6, 7-7-2010). 4.3. A summary of tree ordinance applicability and exemptions is included in Appendix A of the Tree Conservation Manual. 4.4. Either the previous Tree Preservation ordinance or the current Tree Canopy Conservation Ordinance may be utilized until August 5, 2018. 5. Tree Conservation Manual 5.1. There is hereby adopted a Tree Conservation Manual that sets forth the required standards and procedures for all activities required by the tree ordinance. 6. The administrator shall have the authority to waive any provision of the Tree Conservation Manual where such waiver is consistent with the purpose and intent of this ordinance and is in the best interest of the public health, safety and welfare. Definitions 6.1. All words used in the tree ordinance shall have their customary dictionary definitions except as specifically defined herein, or in the zoning regulations if not defined herein. 6.2. The words “shall” and “must” are mandatory, and the words “may” and “should” are permissive. a. Active tree protection. The active and ongoing planning, installation and monitoring of physical measures undertaken to protect a tree during land disturbance or alteration. b. Administrator. The Director of the City of Milton Community Development Department. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 4 c. Agent, designated or authorized. An individual or entity authorized by the administrator to assist in the administration and enforcement of the tree ordinance for the city; or, an individual or other entity authorized by a property owner to conduct development, construction, or arboricultural activities on their property. d. Agricultural Operations. Activities with an agricultural purpose that include: raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post- harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry including using land as pasture. Agricultural operations do not include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. e. Applicant. A property owner or his/her authorized agent(s) applying for a tree removal, development permit, or seeking approval for a tree canopy, tree protection, or tree planting and maintenance plan. f. Appraised tree value. The dollar value of a tree as determined by a certified arborist using methodology set forth in the latest edition of the Guide for Plant Appraisal developed by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture (www.isa- arbor.com). g. Boundary tree. A tree located such that its trunk spans at least two adjoining properties and the common boundary line, resulting in the tree being jointly owned by each property owner City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 5 h. Buffer, state waters. An area along the course of any state waters required by city, state or federal regulations to be maintained in an undisturbed and natural condition. i. Buffer, zoning. As required by the zoning ordinance, a natural undisturbed portion of a lot, except for approved access and utility crossings, which is set aside to achieve a visual barrier between the use on the lot and adjacent properties and/or uses with natural vegetation or replanting of trees and shrubs if sparsely vegetated. j. Caliper. The diameter of the trunk of tree nursery stock or a newly planted tree measured at 6 inches above the ground line for trees with calipers 4 inches and smaller, and at 12 inches above the ground line for trees with calipers greater than 4 inches. k. Certified arborist. Professional who possesses the technical competence gained through experience and related training to provide for or supervise the management of trees and other woody plants in residential, commercial and public landscapes and whose level of training is certified by the International Society of Arboriculture. l. City. The City of Milton, Georgia. m. City arborist. The agent of the City of Milton assigned by the director of the community development department with the primary responsibilities of administration and enforcement of the tree ordinance. n. Clearcutting. A method of harvesting timber that results in the removal of all trees from all or a portion of a property. o. Commercial tree nursery or commercial tree farm. A property on which trees are grown and sold as wholesale or retail nursery stock by a business licensed by the City of Milton. p. Construction zone. The first 30 feet of the improved area adjacent to and extending out from buildings and other major structures, and the first 15 feet adjacent to and extending out from a road, driveway, parking area, walkway, swimming pool, patio, and other allowable impervious surfaces, and sanitary sewer systems (septic tanks, lines and primary drainfields) proposed on a lot as shown in the detail located in Appendix D in the Tree Conservation Manual. q. Critical root zone (CRZ), conserved tree. For a conserved tree, the ground and soil area to a depth of 24 inches within the larger of the dripline or a circular City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 6 area with a radius extending out from the trunk 1.5 feet for every 1 inch of DBH as shown in the detail located in Appendix D in the Tree Conservation Manual. r. Critical root zone (CRZ), newly planted tree. For a tree planted within the last 3 years the ground and soil area to a depth of 24 inches within the larger of the open soil surface area required for the tree or the area within the dripline or a circular area with a radius extending out from the trunk 1.5 feet for every 1 inch in DBH. s. Crown. The entirety of a tree’s scaffold limbs, branches and leaves. t. DBH. The diameter at breast height (4.5 feet above the ground line) of the trunk of an existing tree, calculated by dividing the circumference of the trunk by 3.14. u. Developed property. A lot for which a certificate of occupancy has been issued. v. Development permit. A land disturbance permit, grading permit, building permit, demolition permit, concept plan approval, preliminary plat approval, minor plat approval, or other permit or approval issued by the community development department authorizing the commencement of the disturbance, alteration, improvement or development of a given tract of land. w. Dripline. The vertical line extending from the outermost edges of a tree’s branches to the ground, that forms, more or less, a circle on the ground centered on the tree’s trunk, as shown in the detail located in Appendix D in the Tree Conservation Manual. x. Establishment period. For a newly planted tree, the time from planting until the beginning of the fourth growing season on-site. y. Existing tree. An established tree growing on-site for at least 3 complete growing seasons. z. Forested area. An area at least 50 feet wide in any one dimension and at least 2,500 square feet in total area consisting of at least 5 trees with overlapping crowns. aa. Growing season. March 1 to November 30. bb. Hazardous tree. A tree that is likely to fail wholly or in part, under normal environmental conditions as determined by a certified arborist. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 7 cc. Healthy tree. A tree with a live crown ratio greater than 30 percent, less than 50 percent crown dieback, no major structural defects, a life expectancy of 15 years or greater, and free from signs or symptoms of irreversible decline, severe insect or disease infestation, severe chlorosis, or other life- threatening conditions. dd. Heritage tree(s). A tree or tree group that is designated by the administrator to be of notable community interest because of its outstanding age or size, landmark recognition or historical association. ee. Improved area. The area within 60 feet of and including the footprint of a building, or other major structure, within 30 feet of and including a road, driveway, parking area, walkway, swimming pool, patio and other allowable impervious surface, and sanitary sewer systems (septic tanks, lines and primary drainfields) proposed for a lot as shown in the detail located in Appendix D in the Tree Conservation Manual. ff. Land disturbing activity. Any activity which may result in soil erosion from water or wind and movement of sediments into state water or onto lands within the state, including, but not limited to clearing, dredging, grading, excavating, transporting, and filling of land, and excluding those activities specifically exempted in the City of Milton Code of Ordinances. gg. Landscape strip. An area required by the tree ordinance, the City of Milton zoning resolution or any condition of zoning, use permit or variance approval, which is reserved for the installation and/or maintenance of plant materials. hh. Live crown ratio. The percentage of the total height of a tree that is occupied by the tree’s live crown. ii. Lot. The basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. jj. Open soil surface area. The square foot area of the ground surrounding a newly planted tree that is required to remain permeable and open, covered only by a layer of mulch; the size of the required open area varies by the mature height class of the tree being planted. kk. Passive tree protection. The ongoing avoidance of activities harmful to a tree, as further described in the tree ordinance, within the tree protection zone. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 8 ll. Planted tree. A tree that has been planted within the last 3 years and has not yet completed 3 growing seasons on-site. mm. Planting season. December 1 to March 1. nn. Priority area. An area on a lot where tree canopy cover is considered a priority over other areas due to the functions and benefits tree cover provides in that location. oo. Priority tree. A specimen or heritage tree. pp. Property. An area of land composed of less than one lot, or of accumulations of one or more lots, or parts thereof. qq. Protected tree. Any tree 6 inches DBH or greater growing on developed property, any tree conserved or planted to meet tree ordinance requirements, any tree 3 inches DBH or greater growing on undeveloped property, any specimen tree, and any heritage tree. rr. Redevelopment. A land development project on a previously developed site, not including normal maintenance activities limited to the remodeling of existing buildings, resurfacing of paved areas, and exterior changes to improvements which do not materially increase or concentrate stormwater runoff, or cause additional nonpoint source pollution. ss. Remediation plan. A plan that may be required by the city arborist from a property owner or his/her authorized agent after a written notice of violation or stop work order has been issued for the property describing how the conditions of violation of the tree ordinance shall be remedied in accordance with the city arborist’s requirements and the conditions stated on the notice, order, or other pertinent documentation. tt. Scaffold limbs. The large limbs branching off from the main trunk that form the basic structure of the tree’s crown and support the remaining branches and leaves. uu. Soil compaction. A change in soil physical properties which includes an increase in soil weight per unit volume and a decrease in soil pore space caused by repeated vibrations or frequent traffic and weight that can result in physical root damage, reduced root penetration, a decrease in soil oxygen levels and an increase in toxic gases. vv. Specimen tree(s). A tree or contiguous stand of trees of special value to the community due to its quality, size, or species, and meeting general and City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 9 specific criteria as set forth in the tree ordinance, as determined by the city arborist. ww. Standard tree canopy cover credit. The square feet of tree canopy cover assigned to each of the tree canopy size classes, as set forth herein and in the Tree Species List. xx. Street tree. A tree located within a road frontage that is conserved or planted for the purpose of providing tree canopy cover over the public street right-of-way. yy. Thinning. Selective cutting of trees for timber products with the remaining trees more or less evenly distributed across a property. zz. Timber harvesting. The felling of trees for timber products (pulpwood, sawtimber, etc.) as part of ongoing forest management practices, by thinning or clearcutting. aaa. Topping. The improper practice of the severe cutting back of limbs to stubs larger than 2 inches in diameter within the tree’s crown to such a degree that the tree canopy is removed or the crown shape typical of the species is disfigured, resulting in decay of the scaffold limbs or trunk and/or decline in main branch and sprout production. bbb. Tree. A self-supporting woody perennial plant with the potential to reach a minimum DBH of 3 inches and height of 15 feet at maturity under natural conditions. ccc. Tree bank. A site registered with the city on city or private property with at least 8,000 square feet of open space where growing conditions are favorable for the establishment of trees, and on which trees may be planted to satisfy tree replacement or minimum tree canopy cover requirements for another property. ddd. Tree canopy cover. The cover provided by tree crowns over the ground surface, either individually or as a group; also, a measure of the percent of a lot covered by all tree canopy, calculated by dividing the total area of tree canopy cover by the total area of the lot, and multiplying by 100. eee. Tree canopy fund. A revenue account established by the city for receiving payments in lieu of meeting tree canopy cover requirements, donations, fees, and fines, and used by the city for the purchase, planting, and maintenance of trees on city property and community forest management activities. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 10 fff. Tree canopy plan. A site plan showing how tree canopy cover requirements will be met on a lot, which trees will be conserved, how they will be protected, which new trees will be planted and where, and how they will be maintained. ggg. Tree canopy size, tree canopy size class. The amount of tree canopy cover a tree can be expected to provide at maturity under urban conditions, as determined by the species and categorized in the Tree Species List into four (4) size classes: very wide (1,600 square feet); wide (900 square feet); narrow (400 square feet); and, very narrow (150 square feet). hhh. Tree canopy value. The dollar value of 100 square feet of tree canopy cover as set forth in the city’s fee schedule, and used for calculating payments into the tree canopy fund. iii. Tree conservation manual. A supplement to the tree ordinance containing standards, procedures and construction details required for tree ordinance compliance. jjj. Tree group. 4 or less trees with overlapping crowns. kkk. Tree height class. The typical total height of a tree at maturity under urban conditions, as determined by the species and categorized in the Tree Species List into three (3) classes: large (greater than 50 feet tall); medium (25 to 50 feet tall); and, small (less than 25 feet tall). lll. Tree ordinance. Chapter 60 – Vegetation of the City of Milton municipal code of ordinances. mmm. Tree protection zone (TPZ). The tree protection zone includes the critical root zone of a tree, the tree’s trunk and the entirety of the tree’s crown, as shown in Appendix D in the Tree Conservation Manual. nnn. Tree removal permit. A permit required before a protected tree can be removed, destroyed or irreparably damaged. ooo. Tree species list. The City of Milton Tree Species List, which is located in Appendix C of the Tree Conservation Manual and contains the tree species approved, and not approved, for conservation and planting to satisfy tree replacement or tree canopy cover requirements. ppp. Tree Stand. A tree group of forested area including more than one (1) specimen or heritage tree. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 11 qqq. Undeveloped property. A lot for which no certificate of occupancy has been issued. rrr. Unhealthy tree. A tree with major structural defects, or a live crown ratio less than 30 percent, or 50 percent or more crown dieback, or a tree exhibiting signs or symptoms of irreversible decline, severe mistletoe infection, severe insect or disease infestation that cannot be practically controlled, or severe chlorosis, as determined by a certified arborist. 7. Protected Trees 7.1. There is hereby established a category of trees that shall be known as protected trees as defined herein. 7.2. Protected trees shall only be removed after the issuance of a tree removal permit or approval of a tree canopy plan. 7.3. Protected trees shall be passively protected throughout their lives as set forth in the Tree Conservation Manual. 8. Specimen Trees 8.1. A tree or tree stand shall be considered specimen if, as determined by the city arborist, it meets all the general criteria and at least one of the specific criteria as set forth herein. 8.2. An individual specimen tree must meet all the following general criteria: a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist; b. Crown size and shape typical of the species without significant dieback or disfiguration; c. Relatively sound and solid trunk and scaffold limbs, free from major structural defects; d. No major insect or disease problems; and, e. Free from severe mistletoe infestation causing irreversible tree decline. 8.3. An individual specimen tree must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. Hardwood and softwood trees, except for pine species (Pinus spp.) with a minimum DBH of 24 inches for a tree in the large height class, 18 inches for a tree in the medium height class, and a minimum DBH of 8 inches for a tree in the small height class; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 12 b. Pine trees (Pinus spp.) with a minimum DBH of 27 inches; c. Rare or unusual species, shape or form; or, d. A tree specifically used by a builder, developer or design professional as a focal point in the landscape. 8.4. A specimen tree stand must be primarily composed of healthy specimen trees, with no major insect or disease problems within the stand and must meet at least one of the following specific criteria: a. A relatively mature, even-aged stand; b. A stand with purity of species composition or of a rare or unusual nature; c. A stand of historical significance; d. A stand with exceptional aesthetic quality; or, e. A stand on a lot which is otherwise devoid of trees. 8.5. The city arborist shall make the determination of whether a tree or tree stand meets the criteria for specimen tree designation. 8.6. If removal of a specimen tree is approved, replacement requirements shall be as set forth in Section 25 (developed properties) and Section 29 (undeveloped and redeveloped properties) of the tree ordinance. 8.7. When development or redevelopment is proposed for a lot, individual and stands of specimen trees shall be identified during the tree survey process and documented on the tree canopy plan. 8.8. Reasonable options for site, building, utility placement and hardscape and landscape designs that successfully conserve specimen trees are strongly encouraged. 8.9. On undeveloped lots and lots undergoing redevelopment, all specimen trees successfully conserved and protected to meet tree canopy cover requirements shall be given 10 percent additional tree canopy cover credit over the actual or standard credit. 9. Heritage Trees 9.1. A tree or tree group shall be designated as heritage if it meets the criteria set forth herein, as determined by the administrator. 9.2. Trees may be nominated for heritage tree status by either the tree owner or the city arborist by submitting a heritage tree nomination form to the community development department. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 13 9.3. Within 15 business days after the submittal of a completed nomination form by a property owner to the community development department, the city arborist shall provide the administrator with a recommendation on whether the nominated tree or tree group should be designated as heritage. 9.4. The administrator shall review heritage tree nominations and shall have the authority to designate trees as heritage. 9.5. For a tree or tree group to be designated as heritage, it must meet all the general criteria and at least one of the specific criteria set forth herein and as determined by the administrator. 9.6. A heritage tree or tree group must meet all the following general criteria: a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist; b. Crown size and shape typical of the species without significant defects, dieback or disfiguration; c. Relatively sound and solid trunk and scaffold limbs, free from major structural defects; d. No major insect or disease problems; and, e. Free from severe mistletoe infestation causing irreversible tree decline. 9.7. A heritage tree or tree group must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. State or county champion tree, as determined by the Georgia Forestry Commission (www.gfc.state.ga), or a tree that scores within 10 percent of the total score of a state or county champion tree of the same species using the scoring system described by the Georgia Forestry Commission; b. Documented age greater than 75 years old; c. An established and familiar feature or integral part of the community and its heritage and is recognized as such by the administrator; d. Designated by the Georgia Urban Forest Council (www.gufc.org) as a Landmark or Historic Tree; or e. Documented historical significance. 9.8. When a tree removal permit application is submitted for a potential heritage tree or tree group, the city arborist shall inform the tree owner that the tree or tree group meets the criteria and will be nominated for heritage tree status City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 14 before the tree removal permit is issued, if not already nominated by the applicant and approved by the administrator. 9.9. Only those trees listed on a tree removal permit application shall be eligible for heritage tree nomination by the city arborist. 9.10. When development or redevelopment is proposed for a lot, heritage trees shall be identified during the tree survey process and documented on the tree canopy plan. 9.11. Prior to the approval of a tree canopy plan for a lot that includes the proposed conservation or removal of a heritage tree or tree group, the city arborist shall inform the applicant that one or more trees on the lot meets heritage tree criteria and will be nominated for heritage tree status before the tree canopy plan is approved, if not already nominated by the applicant, approved by the administrator, and identified on the plan. 9.12. If removal of a heritage tree is approved, replacement requirements shall be as set forth in Section 25 (developed properties) and Section 29 (undeveloped and redeveloped properties) of the tree ordinance. 9.13. Reasonable options for building, site, hardscape and landscape designs and utility placement that successfully conserve heritage trees are strongly encouraged. 9.14. The city arborist shall maintain a current list of designated heritage trees. 9.15. Heritage tree locations shall be recorded on the city’s GIS system. 9.16. On undeveloped lots and lots undergoing redevelopment, all heritage trees successfully conserved and protected to meet tree canopy cover requirements shall be given 20 percent additional tree canopy cover credit over the actual or standard credit. 10. City of Milton Tree Species List 10.1. There is hereby adopted a City of Milton Tree Species List as set forth in Appendix C of the Tree Conservation Manual that shall include species approved for conservation and planting to meet tree canopy cover requirements or replacement tree planting requirements. 10.2. The Tree Species List shall also include species not approved for tree conservation or planting to meet requirements that are invasive, have brittle or weak wood, poor structure or large thorns, are pest susceptible or are not well- suited to regional growing conditions. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 15 10.3. Trees planted to satisfy tree canopy cover and tree replacement requirements of the tree ordinance shall be selected from the Tree Species List. 10.4. A species of tree not on the Tree Species List, or not approved for planting in a specific location, may be approved for planting by the city arborist if the species: a. Has a reasonable chance of success in the landscape; b. Is recommended by a certified arborist; c. Is not proposed for planting in large quantities; and, d. Has growth or habit characteristics that fit a specific need for the location. 10.5. Tree species not listed or approved by the city arborist for tree conservation or planting for the purpose of meeting tree canopy cover requirements shall not be eligible for tree canopy cover credit. 11. Hazardous Trees on Private Property 11.1. Once aware, the city shall provide a written notice to the owner of any tree on private property considered by the city arborist to be in a hazardous condition and a threat to public health, safety and welfare and is adversely impacting city property. 11.2. The written notice shall state the type of risk, the mitigation required and the time within which the mitigation shall occur. 11.3. In circumstances where protection of the public health, safety and welfare is served by doing so, the city may conduct emergency maintenance operations on private property with respect to hazardous trees identified in this section. Emergency maintenance may consist of the removal of trees and other debris necessary in the judgment of the director of community development to remedy a condition created by a hazardous tree. Such emergency maintenance operations conducted for the common good shall not be construed as constituting a continuing maintenance obligation on the part of the City of Milton nor abrogation of the City of Milton’s right to seek reimbursement for expenses from the owner(s) of the property(ies) on which the hazardous tree that created the condition necessitating the emergency maintenance operations was located. 12. Appeals and Variances 12.1. Any person aggrieved or adversely affected by any decision of the city arborist relating to the application of the tree ordinance may file an appeal in writing City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 16 within 30 days of the decision with the director of the community development department for relief or reconsideration. 12.2. Any person aggrieved or adversely affected by any decision of the director of the community development department relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the board of zoning appeals through the director of the community development department. 13. Inspections 13.1. The administrator or his/her agent(s) shall have the authority to conduct inspections as required by the tree ordinance, and periodically or as deemed necessary to monitor land disturbing activities, tree removal activities, or other permitted or non-permitted activities for compliance with the tree ordinance. 13.2. No person shall refuse entry or access to any authorized agent(s) of the city who requests entry for the purpose of inspection and who presents appropriate identification, nor shall any person obstruct, hamper or interfere with any such agent while in the process of carrying out his/her official duties. 13.3. The city arborist and/or designated agent shall be the primary individual responsible for conducting site inspections and, at a minimum, shall make the following inspections: a. Prior to approval of a tree removal permit, tree canopy plan, tree protection plan, or tree planting and maintenance plan for the purpose of assessing site and tree conditions; b. Following the installation of required tree protection measures, but before any land disturbance, for the purpose of assessing compliance with tree protection requirements; c. Prior to the issuance of a certificate of occupancy or final plat approval, for the purpose of assessing compliance with the tree canopy plan and all tree ordinance requirements; and, d. One (1) and three (3) years the issuance of a certificate of occupancy or final plat approval, for the purpose of assessing tree health and survival on properties with an approved tree canopy plan. 13.4. Additional site inspections may take place at any time before, during and/or after project completion to monitor compliance with applicable tree ordinance requirements. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 17 13.5. The city arborist shall document each inspection on a site inspection form. 13.6. The city arborist may also monitor tree canopy cover on a lot using the city’s geographic information system and current aerial photography for assessing ongoing compliance with tree canopy cover requirements, and shall maintain a record of such measurements. 14. Enforcement 14.1. It shall be the duty of the administrator and his/her agent(s) to enforce the tree ordinance. 14.2. The administrator or his/her agent(s) shall have the authority to modify, revoke, suspend, or void any development permit or, r tree removal permit and suspend all work on a property or any portion thereof if a violation occurs until it is determined that the property is in full compliance with the tree ordinance. 15. Notice of Violation 15.1. If, through inspection, it is determined that an applicant, his/her authorized agent(s), or other individual or entity has engaged in prohibited activities which have resulted in the damage or removal of trees without a required permit or approval, or failed to comply with the terms and conditions of an approved tree removal permit or tree canopy plan, or is otherwise responsible for a violation of the tree ordinance, then a written notice of violation may be served upon the applicant, his/her authorized agent(s), and any other individual or entity responsible for the land disturbance or prohibited activity. 15.2. The notice shall set forth the measures necessary to correct the violation and achieve compliance and shall state the time frame within which such measures must be completed. 15.3. If the applicant, his/her authorized agent(s), or the individual or entity otherwise responsible for the violation fails to correct the violation or comply with tree ordinance requirements within the time frame specified on the notice of violation, he/she shall be subject to a citation and may be subject to a stop work order, fines, and penalties pursuant to sections 19 and 20 of the tree ordinance. 15.4. Reinspection to assess compliance after a violation shall require a separate re- inspection fee as set forth in the city’s fee schedule. 16. Stop Work Order City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 18 16.1. The administrator may require that work on any project that is in violation of the tree ordinance be immediately stopped to avoid further damage and until such time that the violation has been remedied to the satisfaction of the city arborist. 16.2. The issuance of a written or verbal notice of violation is not required prior to or in conjunction with the stop work order if the city arborist or city inspector determines that work must be stopped immediately to avoid further damage. 16.3. The stop work order shall: a. Be in writing; b. State specific violations; c. Be given to the applicant, property owner, the authorized agent(s) of either, or the individual or entity performing or responsible for the activity resulting in the violation; d. State the conditions under which work may be resumed; and, e. Allow only erosion control work to continue while the stop work order is in effect. 16.4. Where an emergency exists, a verbal order to stop work by the administrator or his/her agent(s) shall be given, with issuance of a written order required within 24 hours. 16.5. The city arborist may require that a revised tree canopy plan or separate remediation plan be submitted for approval before remediation or any other work commences on-site. 16.6. The following violations shall result in issuance of an emergency, verbal stop work order: a. Non-permitted protected tree removal, land disturbance, or prohibited activities within the critical root zone of a specimen or heritage tree; or, b. Land disturbance within the critical root zone of protected trees or removal of trees designated for conservation on an approved tree canopy plan; c. Land disturbing or tree removal within state water buffer or zoning buffer; d. Improper installation or maintenance of required tree protection measures. 17. Fines and Penalties 17.1. Fines and penalties shall be assessed for citations, according to the following criteria: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 19 a. Any individual or entity who violates any provisions of the tree ordinance may be fined up to $1,000 per tree; b. Any individual or entity who has had two or more violations of previous permits or this tree canopy conservation ordinance within three years prior to the date of filing of the application under consideration, the city shall deny the permit application. c. Each calendar day a violation exists shall be considered a separate offense; d. There are no maximum limitations to the accrual of fines; e. In the event a city tree is damaged or destroyed, the individual or entity responsible may be required to reimburse the city for the appraised tree value; f. The replacement of trees and additional tree canopy cover may be required in addition to other fines or penalties imposed; g. Offenses shall be tried in Milton Municipal Court; h. Each owner of property wherein a violation exists, or each owner of a boundary tree, shall be jointly responsible for said violation; and, i. Fines received for violations to the tree ordinance shall be deposited into the tree canopy fund. ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY 18. Tree Canopy Management 18.1. On developed properties, tree canopy cover shall be managed through established tree canopy priorities, tree canopy cover requirements and tree removal permitting and replacement requirements. 19. Tree Canopy Priorities 19.1. Priority areas on developed properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages; c. Turf areas; d. Required yards; e. Landscape strips and landscape islands; and, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 20 f. Buffers. 19.2. Priority trees for conservation shall be specimen and heritage trees. 20. Tree Canopy Cover Requirements 20.1. When an application for a land disturbance, building or demolition permit for additional improvements to a developed lot that will affect, in any way, the existing tree canopy cover on the lot, or when an application for minor plat approval or conceptual plan approval is submitted for a lot previously developed, the amount of tree canopy cover required shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance, and a tree canopy plan shall be required. 20.2. Tree canopy cover requirements pursuant to Article III of the tree ordinance and minimum requirements listed in Table 1 shall apply to developed lots as follows: a. When tree removal is approved; b. When an application is submitted for a land disturbance or building permit for the redevelopment of a lot when the redevelopment will affect, in any way, the existing tree canopy cover on the lot; c. When an application for the approval of a concept plan, preliminary plat, or minor plat is submitted for the lot; and, 20.3. The square foot area within detention ponds, lakes, infrastructure easements that must remain devoid of trees, and that portion of a lot on which agricultural operations are proposed and for which tree canopy cover requirements or replacement have been waived shall be subtracted from the total lot area for the purpose of calculating tree canopy cover percentages for a developed lot. 20.4. If pertinent, an application for a tree removal permit, a tree protection plan, and a tree planting and maintenance plan for replacement trees shall be submitted with an application for a demolition permit; no demolition permit shall be issued without an approved tree removal permit, tree protection plan, and tree planting and maintenance plan. 21. Tree Removal Permit 21.1. On a developed lot that is not undergoing redevelopment, a tree removal permit is required prior to the removal of any protected tree or before any protected tree is irreparably damaged or destroyed, resulting in the need for its removal. 21.2. The removal of a protected tree without a tree removal permit shall constitute a violation of the tree ordinance and may result in a citation and fine for the tree City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 21 owner and any individual or entity involved in cutting, removing or damaging the tree. 21.3. Application for a tree removal permit shall be made by the tree owner or his/her authorized agent, to the community development department. 21.4. A tree removal permit shall not be required for the removal of city trees by the city or its authorized agent(s). 21.5. A tree removal permit is not required to remove a tree causing imminent threat to people, property or public health, safety and welfare or under emergency conditions; however, the owner of such trees shall provide an oral or electronic notice to the city arborist via telephone, text or e-mail and written documentation and photographs of the tree and its condition, the threat it poses, or emergency conditions existing at the time of failure or removal prior to or within three (3) days of the removal. 21.6. A tree removal permit is required for the removal of a dead, unhealthy or invasive tree. 21.7. A tree removal permit application fee shall be required, except for an application for the removal of a dead, unhealthy or invasive tree. 21.8. The city arborist shall make a site visit or utilize other appropriate means to inspect the trees proposed for removal within 10 days of the date of application and prior to approving or denying the tree removal permit application to: a. Verify the information contained in the application; b. Verify the amount of tree canopy cover proposed for removal; c. Determine replacement requirements; and, d. Evaluate other conditions on the lot that may affect the city arborist’s decision to approve or deny the tree removal permit application. 21.9. A tree removal permit shall be approved if one or more of the following conditions are met, as reasonably determined by the city arborist: a. Tree is dead, unhealthy, or invasive; b. Tree is in irreversible decline or at the end of its normal life span; c. Tree is infested with an insect or disease that has compromised the tree’s health and survival, or may harbor an insect or disease organism that threatens surrounding trees; d. Tree is at risk for whole or partial tree failure; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 22 e. An unresolvable conflict exists between the tree and overhead utility lines, underground utility lines, utility infrastructure, sidewalks, walkways, other paved surfaces, or an existing structure; f. Removal of the tree is necessary for sight, traffic, pedestrian, vehicle, traffic sign, or other safety-related clearance; g. A major trunk wound, cavity or decay is present; h. Structural defects exist in the scaffold limbs, where defect correction through pruning will result in removal of 50 percent or greater of the tree’s crown; i. Litter originating from the tree creates an unsafe condition or poses a hazard to public health, safety and welfare; or, j. Tree is located such that a desired use on a lot (construction, installation, or expansion of a building, pool, garden, or other site improvements) is not possible without the removal of the tree, except that every effort shall be made to place such structures or amenities where tree removal will not be required. 21.10. A written report by a certified arborist or registered forester may be required by the city arborist with the application for the tree removal permit to verify tree or relevant site conditions. 21.11. Conditions under which protected tree removal is not permitted include but are not limited to: a. Removal of tree canopy cover in excess of the number of trees necessary for the reasons stated on the permit application; b. Removal of tree canopy cover in excess of 20 percent of the overall canopy cover;; c. Removal of priority trees and trees in priority areas for conservation; d. Tree health or structural issues have not been confirmed by the city arborist or a certified arborist; e. Tree removal is proposed for the purpose of sign installation, clearance or visibility, excluding traffic, directional, warning or information signs owned by any public or semi-public agency; f. For unwanted production of a normal amount of leaves, fruit, or other organic litter that does not create an unsafe condition or that is not a hazard to public health, safety and welfare; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 23 g. To substantially increase the amount of impervious surface on the lot through paving, building construction, or other such impervious feature without an approved tree canopy plan. 21.12. In determining whether to approve an application for a tree removal permit, the city arborist will also take into consideration the amount of tree canopy cover existing on the lot at the time of, the total square feet of tree canopy cover proposed for removal, the amount of tree canopy cover replacement proposed by the applicant, and the number of tree removal permits approved for the lot within the last five (5) years. 21.13. A tree removal permit may be approved or denied by the city arborist under other unique conditions or extenuating circumstances. 21.14. Should the city arborist determine that an imminent threat or emergency removal was not warranted, an after-the-fact permit and fee shall be required in addition to replacement tree planting pursuant to Section 25 of the tree ordinance. 21.15. Tree removal permits shall expire one (1) year after the date of issuance. 21.16. Replacement of the tree canopy removed, whether permitted or not permitted, shall be required pursuant to Section 25 by the expiration date of the tree removal permit. 22. Tree Canopy Replacement 22.1. The square feet of tree canopy cover provided by a protected tree that is approved for removal on a lot shall be replaced as described herein, or in a greater amount as proposed by the applicant and approved by the city arborist. 22.2. Trees approved for removal because they have excessive or hazardous litter or noxious fruiting habits shall require replacement as follows: a. The actual tree canopy cover removed if the removal results in the lot having less than the minimum tree canopy cover required for the zoning district as listed in Table 1; or, b. One-half of the actual tree canopy cover removed if the lot meets the minimum tree canopy cover required for the zoning district as listed in Table 1. 22.3. Trees approved for removal for other reasons shall require replacement as follows: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 24 a. The actual tree canopy cover removed if less than 10 percent tree canopy cover is removed and if, after removal, the lot has less than the minimum tree canopy cover required for the zoning district as listed in Table 1; b. No replacement of tree canopy cover removed if less than 10 percent tree canopy cover is removed and if, after removal, the lot meets the minimum tree canopy cover required for the zoning district; c. The actual tree canopy cover removed if 10 to 20 percent of the tree canopy cover is removed, and if, after removal, the lot meets the minimum tree canopy cover required for the zoning district; or, d. One-and-one-half of the actual tree canopy cover removed if 10 to 20 percent of the tree canopy cover is removed, and if, after removal, the lot does not meet the minimum tree canopy cover required for the zoning district. 22.4. The square feet of tree canopy cover provided by a protected tree that is topped on a developed commercial or non-residential lot shall be replaced on the lot regardless of whether the lot has the minimum tree canopy cover listed in Table 1. 22.5. Tree canopy replacement shall not be required after the approved removal of a dead, unhealthy, or invasive tree, after the removal of a tree posing an imminent threat, or after the removal of a tree under emergency conditions when verified by the city arborist through the documentation described in Section 24.5. 22.6. Tree canopy replacement requirements shall be waived with respect to the approved removal of trees on a developed AG-1 zoned lot greater than 1.5 acres in an area where agricultural operations will take place and tree removal is necessary to create open land for such operations under the conditions described below: a. Areas one-half acre or greater intended for the feeding, breeding, or managing of livestock, equine, or poultry shall be enclosed by a fence pursuant to Section 64-212 of the zoning ordinance, except that solid/opaque and chain link fences shall be prohibited. b. If agricultural operations do not begin within 2 years after the approved removal of trees for such use, or agricultural operations cease for a period of 2 years more, then the waiver shall become invalid and replacement of the tree canopy originally approved for removal for the agricultural operations shall be required as described in Section 24.3 on the lot within 1 year after the issuance of a written notice of non-compliance by the city. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 25 c. Upon redevelopment of a lot with a waiver of tree replacement requirements for the area used for agricultural operations, the waiver shall become invalid and tree canopy cover requirements shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance. 22.7. For specimen tree replacement, the square feet of tree canopy cover to be replaced shall be calculated at 120 percent of the actual tree canopy removed. 22.8. For heritage tree replacement, the square feet of tree canopy cover to be replaced shall be calculated at 140 percent of the actual tree canopy cover removed. 22.9. Replacement trees shall be a minimum of 2-inch caliper for non-specimen and non-heritage protected trees and 4-inch caliper for specimen or heritage trees at the time of planting. 22.10. When a protected tree is removed without a tree removal permit, replacement of the greater of the actual tree canopy cover removed or the standard tree canopy cover credit for the species shall be required, regardless of whether the lot meets minimum tree canopy cover requirements. In addition, this required amount shall be multiplied by the factor as follows: a. Two (2) times for non-specimen and non-heritage protected trees; b. Four (4) times for specimen trees; c. Eight (8) times for heritage trees; and, Replacement trees shall be a minimum 4-inch caliper. 22.11. For protected tree removal and replacement on commercial and non-residential properties, an approved tree planting and maintenance plan shall be required prior to the approval of a tree removal permit. 22.12. The tree planting and maintenance plan required for replacement of protected trees on developed commercial and non-residential properties shall be drawn to scale and include the following: a. Location of lot boundaries; b. Trunk location, species, DBH, and actual tree canopy cover of trees proposed for removal; c. Trunk location, species, caliper, and tree canopy cover credit for replacement trees proposed for planting; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 26 d. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of proposed pruning, timing of removal of staking, and timing of inspections; and, e. Contact information for the person responsible for monitoring compliance with the tree planting and maintenance plan. 22.13. All planting and maintenance activities for required replacement trees shall be completed in accordance with the standards set forth in the Tree Conservation Manual. 22.14. Alternative compliance for tree replacement, pursuant to Section 35, may be recommended by the city arborist for approval by the administrator. ARTICLE III. TREE CANOPY ON UNDEVELOPED AND REDEVELOPED PROPERTY 23. Tree Canopy Management 23.1. On undeveloped and redeveloped properties, tree canopy cover shall be managed through established tree canopy priorities, tree canopy cover requirements, and tree conservation and planting to meet those requirements. 24. Tree Canopy Priorities 24.1. Priority areas on undeveloped properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages: c. Parking lots; d. Landscape strips and landscape islands; and, e. Buffers. 24.2. Priority trees for conservation shall be specimen and heritage trees. 25. Preliminary Tree Canopy Plan 25.1. An approved preliminary tree canopy plan that meets the minimum standards set forth in Table 1 and Table 2 shall be required as a condition of approval of any concept plan approval, preliminary plat approval, and minor plat approval. No replanting or recompense will be required upon submittal of such plan, which shall include the following: a. Tree survey per requirements outlined in Section 26.4; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 27 b. Trunk location, species and DBH of individual trees proposed for conservation and delineation of each tree’s CRZ, including boundary trees; and, c. Trunk location, species, caliper and square feet of tree canopy cover credit of all trees proposed for planting on the lot to meet tree canopy cover requirements. 26. Tree Canopy Plan 26.1. An approved tree canopy plan shall be required as a condition of approval of any land disturbance permit, grading permit, building permit, or demolition permit. Replanting or recompense requirements must be met upon approval of such plan. 26.2. An approved tree canopy plan shall serve as an approved tree removal permit for the purposes of land development. 26.3. The tree canopy plan shall be certified by a certified arborist, registered forester, or registered landscape architect. 26.4. The tree canopy plan shall include a tree survey, a tree protection plan for existing trees that will remain on a lot and a tree planting and maintenance plan for trees to be planted on the lot to meet tree canopy cover requirements, and shall include the following: a. A table summarizing how tree canopy requirements will be met with conserved and planted trees; b. Surveyed trunk location, , species, DBH and square feet of tree canopy cover of all individually growing protected trees on the lot without overlapping canopies, including boundary trees, with specimen and heritage trees identified; c. Location of tree groups and forested areas with a general description of primary species and estimate of average DBH, and square feet of tree canopy cover of each tree group and forested area; The square footage of ground area within the outer perimeter of the combined driplines of all trees within the group can be measured using one of the following methods: 26.4.c.1. On the ground by a surveyor, the city arborist, a certified arborist or other qualified individual 26.4.c.2. Online using the most current aerial photography and an area measuring tool on the Fulton County geographic information system City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 28 d. Outline of the improved area and construction zone (see the detail in Appendix D of the Tree Conservation Manual);; e. Location of all existing and proposed improvements, including buildings, driveways, walkways, other structures and impervious surfaces, and sanitary sewer systems (septic tanks, lines and primary drain fields); f. Location and type of all existing and proposed utilities; g. Grade changes, areas of excavation and fill, location of retaining walls, and other changes to the existing grade that may affect the critical root zones of trees proposed for conservation; and, h. Name and contact information of property owner and primary authorized agent(s) responsible for tree canopy plan compliance. 26.5. The tree survey shall be certified by a registered surveyor, certified arborist, registered forester, or registered landscape architect. 26.6. A tree protection plan shall be required as part of the tree canopy plan when trees are proposed for conservation to meet tree canopy cover requirements and may be a separate plan or a part of the tree canopy plan. 26.7. The tree protection plan shall be certified by a registered forester, certified arborist or registered landscape architect. 26.8. The city arborist shall be responsible for reviewing all tree protection plans and shall determine whether the tree protection plan complies with all applicable tree ordinance requirements. 26.9. The tree protection plan shall be drawn to scale and shall include the following: a. Delineation of the lot boundaries and limits of area where disturbance activity will occur; b. Location of storage and parking areas for soil, construction materials, personal vehicles and construction equipment; c. Location of equipment washout area and equipment maintenance area outside of all tree protection zones and tree planting areas; d. Location of ingress and egress points and access roads for vehicles and construction equipment; e. Trunk location, species and DBH of individual trees proposed for conservation and delineation of each tree’s CRZ, including boundary trees; f. Location of the limits of tree protection fencing; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 29 g. Notations of all methods of tree protection to be used with descriptions of materials to be used; h. Illustrations and construction details for the tree protection zone tree protection fencing, and tree protection zone signage located in Appendix D of the Tree Conservation Manual; and, i. Name and contact information for the person responsible for monitoring and maintaining tree protection measures during construction. 26.10. A tree planting and maintenance plan shall be required as part of the tree canopy plan when trees are proposed for planting on a lot to meet tree canopy cover requirements, and for the planting of replacement trees for protected trees approved for removal on developed commercial and non-residential properties. 26.11. The tree planting and maintenance plan shall be certified by a registered forester, certified arborist or registered landscape architect. 26.12. The city arborist shall be responsible for reviewing all tree planting and maintenance plans and shall determine whether the plan complies with all applicable tree ordinance requirements. 26.13. The tree planting and maintenance plan required with the tree canopy plan shall be drawn to scale and shall include the following: a. Delineation of lot the boundaries. b. Trunk location, species, caliper and square feet of tree canopy cover credit of all trees proposed for planting on the lot to meet tree canopy cover requirements; c. Construction details for planting, staking and mulching located in Appendix D of the Tree Conservation Manual; d. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of proposed pruning, timing of removal of staking, and timing of inspections; and, e. Contact information for person responsible for monitoring compliance with the tree planting and maintenance plan. 26.14. The tree canopy plan, tree survey, tree protection plan, and tree planting and maintenance plan may be combined onto a single plan if all required information can be clearly depicted City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 30 26.15. The city arborist shall be responsible for reviewing all tree canopy plans and shall decide whether the tree canopy plan shall be approved, denied, or approved with changes. 26.16. A tree canopy plan review application fee shall be required at the time of plan submittal in an amount set forth in the city’s fee schedule. 26.17. No protected tree damage or removal, or land disturbance shall take place on an undeveloped lot or a developed lot proposed for redevelopment without an approved tree canopy plan showing how tree canopy cover requirements will be met. 26.18. A revised tree canopy plan must be approved before a certificate of occupancy is issued or a final plat is approved if substantial changes to the plan are proposed for the lot or have taken place on the lot. 26.19. All tree protection, planting and maintenance activities shall be completed in accordance with the standards set forth in the Tree Conservation Manual. 27. Tree Canopy Cover Requirements 27.1. Tree canopy cover shall be required on all undeveloped properties as a condition of development except where otherwise exempted by provisions of this ordinance. 27.2. The amount of tree canopy cover required on a lot as a condition of development shall be the minimum amount set forth in Table 1 and Table 2and shall include trees in required locations as described in Section 30. 27.3. The square foot area within detention ponds, lakes, infrastructure easements that must remain devoid of trees, and that portion of a lot on which agricultural operations are proposed and for which tree canopy cover requirements or replacement have been waived shall be subtracted from the total lot area for the purpose of calculating tree canopy cover percentages for the entire lot. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 31 Table 1. Minimum Tree Canopy Cover Required by Zoning District Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area AG-1 60% C-1 20% CBS 50% CS 50% CUP 60% H 30% MHP 60% MIX 40% NUP 60% O-I 40% R-1 60% R-2 60% R-2A 60% R-3 50% R-3A 50% R-4 50% R-4A 50% R5 40% R-5A 40% R-6 40% Suburban A 50% T2 60% T3 40% T4 30% T4 - Open 30% T4P 30% T4R 30% T5 10% T5R 10% T6 10% TR 30% City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 32 Table 2. Tree Canopy Cover for Undeveloped Residential Lots Residential Lot Size Canopy Cover Impervious Coverage Canopy Cover Requirement Less than 0.33 acre regardless of zoning district N/A N/A 20% max 0.33 – 0.99 acre regardless of zoning district N/A N/A 50% max 1.0 – 1.49 acres N/A N/A Zoning district requirement per Table 1 1.5 acres or greater and not part of a common development 25% or less for at least 10 years prior to development N/A ½ zoning district requirement per Table 1 Greater than 25% or the canopy coverage has been 25% or less shorter than 10 years prior to development N/A Zoning district requirement per Table 1 3.0 - 4.99 acres Greater than 25% * 10% - 15% The zoning district requirement per Table 1 less 5 percent Greater than 25% * Less than 10% The zoning district requirement per Table 1 less 10 percent 5.0 acres or greater Greater than 25% * 10 - 15% The zoning district requirement per Table 1 less 10 percent Greater than 25% * Less than 10% The zoning district requirement per Table 1 less 15 percent 1.5 acres or greater with documented agricultural operations N/A N/A 0% *Residential lots with less than 25% existing canopy cover shall utilize the criteria as shown above for residential lots 1.5 acres or greater City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 33 27.4. In subdivision developments, tree canopy cover requirements shall apply to either the entire development or to each lot within the development. 27.5. Notwithstanding the minimum tree canopy cover requirements in Table 1 for the zoning district, the following exceptions are established: a. Residential lots less than one-third acre in size shall not be required to have greater than 20 percent tree canopy cover; and, b. Residential lots one-third acre and greater but less than 1 acre in size shall not be required to have greater than 50 percent tree canopy cover. c. The residential lot described herein shall be the total lot area minus the conditions of Section 27.3. 27.6. Residential lots that are equal to or greater than 1.5 acre and not part of a common development, and have had 25 percent tree canopy cover or less for at least 10 years prior to development as documented through historical aerial photography or other photographic evidence, shall have their minimum tree canopy cover requirement reduced by one-half, except that trees shall still be required in rural viewsheds, road frontages, landscape strips and buffers as required by the tree ordinance and the zoning regulations. 27.7. Residential lots that are 3 acres or greater but less than 5 acres in size with greater than 25 percent tree canopy cover shall have their minimum tree canopy cover requirement reduced by 5 percent (for example, a requirement of 60 percent becomes 55 percent) if they also have 10 to 15 percent total impervious surface on the lot, or by 10 percent (for example, a requirement of 60 percent becomes 50 percent) if they also have less than 10 percent total impervious surface on the lot. 27.8. Residential lots that are 5 acres or greater in size with greater than 25 percent tree canopy cover shall have their minimum tree canopy cover requirement reduced by 10 percent (for example, a requirement of 60 percent becomes 50 percent) if they also have 10 to 15 percent total impervious surface on the lot, or by 15 percent (i.e. for example, a requirement of 60 percent becomes 45 percent) if they also have less than 10 percent total impervious surface on the lot. 27.9. Residential lots that are 1.5 acres or greater may request that minimum tree canopy cover requirements be waived on that area of the lot where agricultural operations that require open land without trees are proposed, under the conditions that follow. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 34 a. If the agricultural operations do not begin within 2 years or cease for any 2- year period after the issuance of a certificate of occupancy, then the waiver of minimum tree canopy cover requirements for the area shall become invalid and the minimum tree canopy cover requirement listed in Table 1 and Table 2 shall be established on the entire lot within 1 year after issuance of a written notice of non-compliance by the city. 27.10. Recompense for specimen trees approved for removal within the improved area shall be required at 120 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements before recompense. 27.11. Recompense for heritage trees approved for removal within the improved area shall be required at 140 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements before recompense. 27.12. Trees shall be conserved for tree canopy cover credit in accordance with the requirements that follow. a. All healthy trees outside of the improved area shall be conserved and protected from damage during construction. b. Trees outside of the construction zone, but within the remaining improved area, may be conserved for tree canopy cover credit if they can be successfully protected from damage during construction as determined by the city arborist. c. Trees shall be conserved to the greatest extent possible in priority areas to meet tree canopy cover requirements. d. Regardless of whether the lot meets minimum tree canopy cover requirements, trees shall be required, either conserved or planted, in rural viewsheds, road frontages, parking lots, landscape islands, landscape strips and buffers as set forth in the zoning regulations and Section 30 of the tree ordinance. e. Existing trees 2 inches DBH and greater, except for invasive species listed on the Tree Species List or otherwise known to be invasive, shall be eligible for tree canopy cover credit. f. Every effort should be made to conserve trees, in groups or stands, especially pine trees, as the conservation of only a single or few trees previously growing within a stand will predispose such trees to windthrow. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 35 g. Individual trees without overlapping crowns shall be given their actual tree canopy cover or the standard tree canopy cover credit for the species. Groups of trees with overlapping crowns and forested areas shall be given the actual tree canopy cover credit for the group or area as a whole. h. Individual trees within tree groups and forested areas shall not individually or separately be given tree canopy cover credit. i. Forested areas shall remain in an undisturbed condition and turf, mowing, removal of the natural leaf litter, and clearing of underbrush other than invasive plants are prohibited within the limits of the forested area. j. No tree maintenance shall be required in forested areas, except for that necessary to maintain a healthy stand of trees. k. Forested areas dominated by non-native, invasive, and/or exotic plant species (kudzu, for example) shall not be eligible for tree canopy cover credit. l. Trees conserved to meet tree canopy cover requirements shall be actively protected during construction. m. Tree canopy cover credit shall be assigned to conserved individual trees and groups of trees as further set forth in the Tree Conservation Manual. 27.13. Tree Planting for Canopy Credit a. When tree conservation alone cannot satisfy the tree canopy cover and location requirements, the planting of additional trees shall be required. b. A standard amount of tree canopy cover credit shall be assigned to a planted tree based on its species and tree canopy size class as set forth in the Tree Species List located in Appendix C of the Tree Conservation Manual. 28. Required Tree Locations 28.1. Rural Viewsheds a. Where rural viewsheds that must include trees are required in accordance with zoning regulations, the entire area encompassed by the rural viewshed shall be eligible for tree canopy cover credit. b. For minor subdivisions and individual undeveloped residential properties, the conservation of trees in a rural viewshed shall be eligible for a bonus of 20 percent additional square feet of tree canopy cover credit. For example, if the rural viewshed encompasses 3,000 square feet, a bonus of 600 square City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 36 feet will be added as a bonus for a total tree canopy cover credit of 3,600 square feet. c. Individual trees, conserved or planted, within rural viewsheds shall be given tree canopy cover credit. d. No disturbance of the vegetation, including herbaceous plants, shrubs or vines, is allowed within forested areas conserved for rural viewsheds, except for the removal of Chinese privet (Ligustrum sinense), kudzu (Pueraria montana var. lobata), or English ivy (Hedera helix) and other invasive species with city arborist approval. e. Trees shall be planted at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the city arborist if the design meets the purpose and intent of the tree ordinance. 28.2. Road Frontages a. In all new developments, an average of 1 street tree per 50 linear feet shall be required along road frontages on private property to provide tree canopy over paved streets, sidewalks, and trails. b. Street tree requirements may be met with either conserved or planted trees. c. For planted street trees, the amount of available growing space above and below ground shall dictate which tree species may be planted as set forth in the Tree Conservation Manual.. d. Trees in the very narrow or narrow tree canopy size class in the Tree Species List shall not be used to satisfy Road Frontage requirements unless adequate growing space does not exist for trees in the wide or very wide tree canopy size classes. e. Street trees shall be planted at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the city arborist if the design meets the purpose and intent of the tree ordinance. f. Street trees may be planted on the city street right-of-way if adequate growing space does not exist within the private property road frontage, but does exist within the city street right-of-way, if approved by both the city arborist and public works director. 28.3. Parking Lots City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 37 a. Parking lot landscaping shall conform to requirements in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64- 238 – Parking lot landscaping, and to the requirements set forth herein. Where differences between the provisions exist, the more restrictive provisions shall prevail. b. Trees shall be evenly distributed throughout the parking lot to maximize tree functions and benefits. c. There shall be a minimum of one (1) very wide or wide canopy tree for every 6 parking spaces. d. Trees in the very narrow tree canopy size class shall not be eligible for tree canopy cover credit in parking lots. e. At least 75 percent of the trees planted to meet parking lot tree canopy requirements shall be trees in the very wide or wide tree canopy size classes. f. No parking space shall be greater than 60 feet from the trunk of a tree. g. All trees planted within parking areas or otherwise surrounded by pavement shall have a minimum amount of open soil surface and rooting area in accordance with the standards set forth in in Table D of the Tree Conservation Manual. h. In parking lots and other paved areas where expanded rooting and water infiltration areas are created with permeable pavement, structural soils or suspended pavement, the minimum open soil surface area may be reduced up to 50 percent if permeable pavement is used or up to 30 percent if structural soils or suspended pavement are used. i. Light poles and trees shall not share parking lot landscape islands to eliminate the need for severe pruning of tree crowns as they mature. j. Stormwater runoff into parking lot landscape islands may be permitted upon approval by the city arborist if the design meets the intent and purpose of the tree ordinance. 28.4. Landscape Strips a. Landscape strips shall be required as set forth in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64-237 – Minimum landscape strips and buffers, zoning regulations and the requirements set forth herein; where differences between the provisions exist, the more restrictive provisions shall prevail. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 38 b. Trees within required landscape strips shall be provided as follows: 28.4.b.1. In landscape strips 25 feet wide or less, an average of not less than one (1) tree for every 30 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the city arborist. 28.4.b.2. In landscape strips greater than 25 feet wide, a minimum of one (1) tree for every 20 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the city arborist. 28.4.b.3. Clumping is permitted to create a more natural-looking landscape. 28.4.b.4. All required landscape strips shall be designed with at least 60 percent tree canopy cover with no more than 40 percent cover in grass or ground cover. 28.4.b.5. All species within required landscape strips must be ecologically compatible with the growing site. 28.4.b.6. Trees in the very narrow or narrow tree canopy size class in the Tree Species List shall not be used to satisfy landscape strip requirements unless adequate growing space does not exist for trees in the wide or very wide tree canopy size classes. 28.4.b.7. No permanent structures shall be permitted within landscape strips, including retaining walls, curbing, dumpsters, detention facilities, etc. 28.4.b.8. Monument signs, fences, drainage structures, knee walls, or sidewalks may be permitted within landscape strips if it is determined by the city arborist that their placement is consistent with the purpose and intent of this ordinance. 28.4.b.9. Curb stops shall be used to prevent vehicle overhang into require landscape strips and parking lot landscape islands, with one curb stop per parking stall required. 28.4.b.10. Signs within required landscape strips shall be subject to the approval of the department of community development and may only be located in areas of turf or groundcover, and shall not conflict with the growing space designated for trees and shrubs. 28.4.b.11. When fencing is required as a condition of rezoning, the finished surface of the fence must face externally to the project. The exact location for fence City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 39 placement within the landscape strip will be determined on a case by case basis by the city arborist and may be approved if the design meets the intent and purpose of the tree ordinance. 28.5. Buffers a. Buffers required pursuant to Chapter 64-237shall provide a visual and noise barrier and where sparsely vegetated or where disturbed for approved access and utility crossings, must be replanted. b. Required buffers shall be passively protected for the duration of the permitted use for the site. c. Trees approved for planting in buffers shall be primarily slow growing evergreen trees selected from the Tree Species List and shall be subject to the approval of the city arborist; up to 15 percent of the trees conserved or planted in buffers may be small height class hardwood trees approved for buffers as indicated on the Tree Species List. d. Trees shall be a minimum of five (5) feet in height at time of planting, with branching all the way to the ground required for evergreen trees. e. The number of planting rows for trees in buffers shall be determined by the buffer width, as set forth in Table 2. Table 2. Minimum Rows for Buffers by Width Buffer Width Minimum Planting Rows Less than 20 feet 2 rows 20 feet to 30 feet 3 rows 31 feet to 50 feet 4 rows Greater than 50 feet 4 plus 1 row for each additional 15 feet f. Drainage through buffers is subject to the approval of the administrator. g. Encroachment into buffers for the construction of retaining walls, footings, or wall supports is not permitted unless otherwise specified in the conditions of rezoning. Encroachments into buffer shall require zoning modifications or variances as applicable. h. All buffers require a 10-foot improvement setback interior to the buffer. i. No grading is allowed in the improvement setback unless permission is obtained from the administrator. j. Signs are not permitted within required undisturbed buffers. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 40 29. Topped Trees 29.1. Trees that have been topped shall not be eligible for tree canopy cover credit. 29.2. On developed commercial and non-residential properties, the credit previously given to a protected tree as shown on an approved tree canopy plan that is subsequently topped shall be revoked and replacement tree canopy shall be required in an amount equal to the tree canopy credit assigned to the topped tree. 30. Minimum Landscape and Maintenance Requirements 30.1. Prior to the issuance of a certificate of occupancy or final plat approval, minimum landscape requirements shall be met that include the following: a. All exposed ground on a lot shall be covered with either turf, herbaceous plants, shrubs or trees; b. The planting of English ivy, Chinese privet, kudzu or other invasive species as a ground cover shall be prohibited; c. Tree groups not within a forested area shall be mulched as a group; d. Forested areas shall be left undisturbed with the natural leaf litter layer on the surface remaining intact; and, e. Mulching shall conform to the standards set forth in the Tree Conservation Manual. 30.2. After the issuance of a certificate of occupancy or final plat approval, minimum landscape maintenance shall include the requirements that follow. a. Protected trees that are approved for removal shall be replaced pursuant to Section 25. b. Trees required within rural viewsheds, road frontages, landscape islands, landscape strips and buffers shall be maintained in accordance with the standards set forth in the Tree Conservation Manual. c. Trees conserved and planted to meet tree ordinance requirements shall be passively protected throughout their lives. 31. Landscape Performance Bond 31.1. When the planting of trees and other required landscape plants cannot be completed during the planting season, a landscape performance bond shall be issued to the city. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 41 31.2. The amount of the bond shall be equal to 125 percent of the total cost to purchase and install the trees and landscape plants based on the average of three (3) written estimates or as approved by the city arborist. 31.3. The planting of trees and landscape plants covered by a landscape performance bond shall be completed within 1 year of the issuance of the bond. 31.4. If tree planting is not completed within 1 year of the issuance of the bond, the city may use the bond to plant the required trees and landscape plants on the lot, or off-site in a registered tree bank. 31.5. Upon the successful planting of all required trees and landscape plants by the applicant, the landscape performance bond shall be returned. 32. Certificate of Occupancy and Final Plat Approval 32.1. A certificate of occupancy or final plat approval shall only be issued if all the following conditions have been met: a. Applicant meets all tree ordinance requirements. b. Lot conforms to all aspects of the tree canopy plan. c. All trees required to be planted by the tree canopy plan, tree planting and maintenance plan, remediation plan, City of Milton zoning ordinance, variance conditions or other conditions for a development permit or plan approval, have been installed on the lot or in a tree bank. d. Required payments have been made to the tree canopy fund. e. Any civil penalties or other monetary obligations assessed for violations of the tree ordinance have been paid. f. All replacement trees and tree canopy cover required due to violations of the tree ordinance have been installed. 32.2. A temporary certificate of occupancy may be granted by the administrator before all trees have been planted if a landscape performance bond has been issued to the city. 33. Alternative Compliance 33.1. Alternative compliance for a portion of the tree canopy cover required on a lot may be approved by the administrator pursuant to the provisions of this section. 33.2. Subdivision developments as a whole are not eligible to use alternative compliance; owners of individual properties within a subdivision development may be eligible to use alternative compliance. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 42 33.3. Alternative compliance shall be either the planting of trees off-site in a registered tree bank in an amount equal to the proposed tree canopy cover deficit or replacement deficit, or a payment made by the applicant to the City of Milton Tree Canopy Fund for the tree canopy value of the deficit. 33.4. Planting trees off-site in a tree bank for a maximum of one-half (1/2) of the tree canopy cover requirement or tree replacement requirement may be approved. 33.5. The city shall maintain a list of registered tree bank sites, which may include open space on city property or on developed, private property. 33.6. Owners of developed properties with at least 8,000 square feet of open space may apply to the city to have their open space registered as a tree bank under the conditions set forth in the Tree Conservation Manual. 33.7. The use of the tree bank shall be approved by the administrator under the following conditions: a. The maximum amount of tree canopy cover possible on the lot is conserved and/or planted, as determined by the city arborist; and, b. A registered tree bank site is available with enough space to accommodate the trees and their required growing space. 33.8. Applicants wishing to plant trees off-site shall execute a letter of agreement directly with the registered tree bank owner that must include, at a minimum: a. Applicant’s name and contact information; b. Number of trees to be planted by species and caliper; c. Planting schedule including projected beginning date of planting and projected completion date of planting; d. Name and contact information for applicant’s agent who will be responsible for the planting of trees on the tree bank site; and, e. Commitment to maintain the property in the condition in which it was found prior to the planting operation. 33.9. Trees planted in tree banks shall meet all the same requirements as for trees planted on-site. 33.10. A tree planting and maintenance plan developed and submitted by the applicant shall be required. 33.11. The applicant shall be responsible for the planting of trees off-site in a tree bank. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 43 33.12. The registered tree bank owner shall be responsible for the required maintenance and protection of tree bank trees. 33.13. The area planted or conserved as a tree bank shall remain covered by tree canopy in perpetuity, unless otherwise modified with the approval of the city arborist. 33.14. A payment to the tree canopy fund in lieu of the conservation or planting of tree canopy cover for a maximum of one-third (1/3) of the tree canopy cover requirement or tree replacement requirement shall be approved by the administrator under the following conditions: a. The conservation or planting of the required tree canopy cover or replacement trees will eliminate the owner’s ability to utilize their lot for a specific, permitted use as described in writing by the property owner; and, b. No tree bank location is available for the planting of trees off-site. 33.15. Payments into the tree fund for tree canopy cover requirement deficit shall be calculated using the tree canopy value set forth in the city’s current fee schedule. 34. Tree Canopy Fund 34.1. There is hereby adopted a City of Milton Tree Canopy Fund to be established for the deposit of payments required by the tree ordinance or donated for other community forest management activities. 34.2. In addition to receiving payments for tree canopy cover requirement deficit, the tree canopy fund shall also receive as revenue: a. Donations for tree program activities; and, b. Fines for violation of the tree ordinance. 34.3. Tree canopy funds may be expended for: a. The purchase, planting and maintenance of trees on city property; and, b. Community forestry management activities conducted by the city to sustain, increase and improve tree canopy cover. 35. Timber Harvesting 35.1. For lots greater than 2 acres, a timber harvesting notification shall be required and shall be submitted to the community development department before any timber harvesting may commence. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted April 4, 2018 Page 44 35.2. A 50-foot undisturbed buffer around the perimeter of a lot where timber harvesting will occur shall be required in all zoning districts. 35.3. The clearcutting of timber shall be allowed on AG-1 zoned land only. 35.4. Thinning shall be allowed in all zoning districts and land uses. 35.5. Except for AG-1 zoned properties, an approved tree canopy plan shall be required before timber harvesting may commence. 35.6. No development permits shall be issued for a lot for a period of 5 years after the completion of timber harvesting operations unless a tree canopy plan has been submitted for the lot concurrent with the submittal of the timber harvesting notification. 35.7. When a tree canopy plan is required or voluntarily submitted for a lot on which clearcutting or thinning will occur, the following requirements shall apply: a. The tree canopy plan shall show the location of the required 50-foot undisturbed buffer, any state water buffers, areas to be clearcut, areas to be thinned, and all specimen and heritage trees; b. The lot must meet the tree canopy cover requirements for the zoning district for the entire lot upon completion of timber harvesting; and, c. The conservation of specimen trees and heritage trees shall be required, and all specimen and heritage trees conserved shall be actively protected during timber harvesting operations in accordance with the standards set forth in the Tree Conservation Manual. 35.8. Stump removal or grading shall be prohibited as part of normal timber harvesting operations that are not related to development. 35.9. Clearcutting, thinning or land disturbance shall not be allowed within state water or wetland buffers. 35.10. Compliance with the soil erosion and sedimentation control ordinance is required. 35.11. All timber harvesting operations shall comply with the most current Georgia’s Best Management Practices for Forestry available from the local office of the Georgia Forestry Commission. STATE OF GEORGIA ORDINANCE ____ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 60 - “TREE CANOPY CONSERVATION ORDINANCE” TO DELETE THE EXCISTING - “TREE CANOPY CONSERVATION ORDINANCE” AND REPLACE WITH THE AMENDED - “TREE CANOPY CONSERVATION ORDINANCE” OF THE CITY CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 23, 2018 6:00 p.m. as follows: SECTION 1. That the amendment of Chapter 60 of the City of Milton Code of Ordinances is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 23th day of April, 2018. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk TO: FROM: MILTot\' 1116 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Counci DATE: April 3, 2018 Steven Krokoff, City Manager AGENDA ITEM: Text Amendment - RZ18-08 - To amend Article XIX Crabapple Form Based Code to amend Table 1 Transect Zone Descriptions MEETING DATE: Monday, April 9, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER:APPROVED ,pcJ (J NOT APPROV D CITY ATTORNEY APPROVAL REQUIRED: Qj YES () NO CITY ATTORNEY REVIEW REQUIRED: X YES () NO APPROVAL BY CITY ATTORNEY: N APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milfon, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council From: Kathleen Field, Community Development Director Re: Text Amendment – RZ18-08 – To amend Article XIX Crabapple Form Based Code to amend Table 1 Transect Zone Descriptions Date: April 1, 2018 for the April 23, 2018 Mayor and City Council Meeting (First Presentation on April 9, 2018, City Council Workshop on April 16, 2018) Department Recommendation: The Community Development Department recommends approval of the proposed text amendment. Executive Summary: The purpose of this text amendment is to amend the T-4 Transect Zone description in Table 1 within the Crabapple Form Based Code. This proposed amendment will more clearly describe that this transect zone is intended to be mixed use as per the list of allowed uses in Table 9: Specific Function and Use and to eliminate the “primarily” residential statement which creates an inconsistency in interpretation. The amendment also includes allowing office uses within T-4 within Table 1 descriptions. This proposed change will further solidify the idea that a mix of uses will serve to promote a live, work, play downtown village in Crabapple. Staff recommends the attached version of Table 1. Results of the March 28, 2018 Planning Commission Meeting The Planning Commission voted 6-0 recommending approval of the text amendment with the following recommendation instead of Staff’s recommendation under T-4 General Urban: “T-4 General Urban Zone consists of a mix of uses which may be primarily residential and may also include Office and Commercial.” Legal Review: Paul Frickey - Jarrard & Davis (March, 2018) Attachment(s): Text Amendment to Article XIX – Crabapple Form Based Code and ordinance. Text Amendment – RZ18-08 prepared for the Mayor and City Council Meeting on April 23, 2018 (First Presentation – April 9, 2018, Work Session – April 16, 2018) 4/5/2018 TABLE 1: - Transect Zone Descriptions. This table provides descriptions of the character of each Transect Zone. T-2 RURAL T-2 Rural Zone consists of sparsely settled lands in open or cultivated states. These include woodland, agricultural land, grassland, and irrigable desert. Typical buildings are farmhouses, agricultural buildings, and cabins. General Character: Primarily agricultural with woodland & wetland and scattered buildings Building Placement: Variable Setbacks Frontage Types: Not applicable Typical Building Height: 1- to 2-Story with some 3-Story Type of Civic Space: Parks, Greenways T-3 SUB-URBAN T-3 Sub-Urban Zone consists of low density residential areas, adjacent to higher zones that have some mixed use. Home occupations and outbuildings are allowed. Planting is naturalistic and setbacks are relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions. General Character: Lawns and landscaped yards surrounding detached single- family houses; pedestrians occasionally Building Placement: Large and variable front and side yard Setbacks Frontage Types: Porches, fences, naturalistic tree planting Text Amendment – RZ18-08 prepared for the Mayor and City Council Meeting on April 23, 2018 (First Presentation – April 9, 2018, Work Session – April 16, 2018) 4/5/2018 Typical Building Height: 1- to 2-Story with some 3-Story Type of Civic Space: Parks, Greenways T-4 GENERAL URBAN T-4 General Urban Zone consists of mixed uses including Residential, Office, and Commerical. Residential may have a wide range of building types: single, Sideyard, and Rowhouses. Setbacks and landscaping are variable. Streets with curbs and side-walks define medium- sized Blocks. General Character: Mix of Houses and Townhouses with Commercial and Office activity; balance between landscape and buildings; presence of pedestrians Building Placement: Shallow to medium front and side yard Setbacks Frontage Types: Porches, fences, Dooryards Typical Building Height: 1- to 3-Story Type of Civic Space: Squares, Greens T-5 URBAN CENTER Text Amendment – RZ18-08 prepared for the Mayor and City Council Meeting on April 23, 2018 (First Presentation – April 9, 2018, Work Session – April 16, 2018) 4/5/2018 T-5 Urban Center Zone consists of higher density mixed use building that accommodate Retail, Offices, Row- houses and Apartments. It has a tight network of streets, with wide sidewalks, steady street tree planting and buildings set close to the sidewalks. General Character: Shops mixed with Townhouses, larger Apartment houses, Offices, work place and Civic buildings; predominantly attached buildings; trees within the public right-of-way; substantial pedestrian activity Building Placement: Shallow Setbacks or none; buildings oriented to street defining a street wall Frontage Types: Stoops, Dooryards, Forecourts, Shopfronts, and Galleries Typical Building Height: 1- to 3-Story Type of Civic Space: Parks, Plazas, and Squares, median landscaping ( Ord. No. 15-04-242 , § 1, 4-27-2015) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ18-08 AN ORDINANCE TO AMEND ARTICLE XIX OF CHAPTER 64 – CRABAPPLE FORM BASED CODE TO AMEND TABLE 1 TRANSECT ZONE DESCRITIONS. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 23, 2018 6:00 p.m. as follows: SECTION 1. That the amendment of Article XIX, Table 1 Transect Zone Descriptions in 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 23RD day of April, 2018. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk TO: FROM: AGENDA ITEM: MEETING DATE: M�ILTO.N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 2, 2018 Steven Krokoff, City Manager Consideration of Amendments to Chapter 2 - Administration, Article II, Division 2 - Meetings. Monday, April 9, 2018 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: ( �ES () NO CITY ATTORNEY REVIEW REQUIRED: ( ES () NO APPROVAL BY CITY ATTORNEY: ( PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: /9 ? 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Sudie Gordon, City Clerk Date: Submitted on October 22, 2012 for First Presentation on the November 5, 2012 Regular Council Meeting and Unfinished Business at November 19, 2012 Regular Council Meeting Agenda Item: Consideration of the Approval of An Ordinance Amending Ordinance No. 09-09- 49 Adopting and Amending Rules and Procedures for the City Council Meetings and Public Hearings for the City of Milton, Georgia; and for Other Purposes ____________________________________________________________________________ Department Recommendation: Approve the attached ordinance to amend the Rules and Procedures of public meetings held by the City of Milton, providing for an orderly process of conducting business, and for other purposes. Executive Summary: Governments traditionally adopt Rules of Procedure, or operation standards and protocol which facilitate the orderly conduct of public meetings. Such documents outline how meetings will be conducted and stand as the backbone for staff and elected officials to refer to in one of the most critical functions of any government – soliciting public input and conducting public meetings. The rules and procedures were first adopted by the City of Milton on November 21, 2006 and amendments were adopted on January 18, 2007, June 21, 2007, January 10, 2008, September 15, 2008, and September 9, 2009. The Rules of Procedure were drafted in accordance with legislative changes to Title 50, Chapter 14, House Bill 397 (April 17, 2012). Amendments to the Rules and Procedures are recommended, annotated (redlined) and attached. Funding and Fiscal Impact: N/A Alternatives: N/A Legal Review: Ken Jarrard – Jarrard & Davis (October, 2012) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Rules and Procedures for the City Council Meetings and Public Hearings Page 1 of 12 DIVISION 2. - MEETINGS[3] Footnotes: --- (3) --- State Law reference— Open meetings and notice of meetings required, O.C.G.A. § 50 -14-1; meetings of governing bodies of counties and municipalities to be open, O.C.G.A. § 36 -80-1. Sec. 2-39. - Compliance with state law. (a) All meetings shall be held in accordance with the Georgia Open and Public Meetings Act, O.C.G.A. § 50-14-1 et seq. (b) All city records subject to the Georgia Open Records Act, O.C.G.A. § 50 -18-70 et seq., shall be available to the public. The city clerk shall comply with any valid requests under the Georgia Open Records Act, O.C.G.A. § 50-18-70 et seq., and prepare any materials requested. (Ord. No. 06-11-08, § 1(ch. 2, art. 1, § 2), 11-21-2006; Ord. No. 07-02-015, § 1(ch. 2, art. 1, § 2), 2-15-2007) State Law reference— Open meetings, O.C.G.A. § 50-14-1 et seq. Sec. 2-40. - Subpoenas. (a) The city council, when sitting as a judicial or quasi -judicial body pursuant to public law, its Charter, or its ordinances, shall compel the attendance of witnesses by subpoena under the same rules as prevail in the superior courts, and any witness wh o shall fail to respond to the subpoena, or who shall refuse to testify under oath, shall be guilty of contempt. (b) The subpoenas as authorized in subsection (a) of this section shall bear witness in the name of the mayor; shall be issued by the city clerk; and shall be served by the chief of police, any police officer, or by such other person as the mayor may designate. (c) Should any person fail to respond to a city council subpoena, after having been lawfully served, without good cause, or should the person refuse to testify under oath, then the city council shall hold the person in contempt, and, in their discretion, punish the person by the imposition of a fine according to the maximum allowed by state law. Each of the failures or refusals herein d escribed shall constitute a separate contempt. (Ord. No. 06-11-08, § 1(ch. 2, art. 1, § 5), 11-21-2006; Ord. No. 07-02-015, § 1(ch. 2, art. 1, § 5), 2-15-2007) Sec. 2-41. - Open meetings. All meetings of the mayor and city council shall be held in accor dance with the provisions of O.C.G.A. § 50-14-1 et seq. otherwise known as the Open Meetings Act (the "Act"). The public shall at all times be afforded access to all meetings other than executive sessions as defined at O.C.G.A. § 50 -14- 1(a)(2) and those assemblies exempt from the Act per O.C.G.A. § 50-14-3(a). Page 2 of 12 (Ord. No. 06-11-02, § 1(1), 11-21-2006; Ord. No. 07-01-04, § 1(1), 1-18-2007; Ord. No. 07-06- 33, § 1(1), 6-21-2007; Ord. No. 08-09-23, § 1, 9-15-2008; Ord. No. 09-09-49, § 1, 9-9-2009; Ord. No. 12-11-153, § 1, 11-19-2012) Sec. 2-42. - Executive sessions. Executive sessions of the council may be held for all purposes set forth in O.C.G.A. § 50 -14-3(b)(1), (2), and (4). Any portion of a meeting or assembly subject to the Act that does not fall within the purview of O.C.G.A. § 50-14-3(b)(1), (2) and (4) shall be open to the public. (1) Nonexempt topics. If an agency member initiates a discussion during executive session that falls outside the scope of those topics that may be discussed pursuant to O.C.G.A. § 50 -14- 3(b)(1), (2) and (4) the mayor must immediately rule the discussion o ut of order. If the impermissible discussion continues, the chairman must adjourn the meeting. (2) Procedure for entering into executive sessions. No executive session shall be held except pursuant to a majority affirmative vote of the city council taken in a public meeting. The minutes of the public meeting shall reflect the names of the councilmembers present, those voting for the executive session, and the specific reasons for the executive session. (3) Executive session minutes. Executive session minutes shall be kept in accord with O.C.G.A. § 50-14-1(e)(2)(c). Executive session minutes shall not be open to the public. (4) Mayor or presiding officer affidavit. The mayor or other presiding officer shall execute an affidavit stating, under oath, that the executive session was devoted to topics exempt from the public access requirements. The affidavit shall include the specific exemption to the open meetings law. The affidavit shall be notarized and filed with the minutes of the open meeting. (Ord. No. 06-11-02, § 1(2), 11-21-2006; Ord. No. 07-01-04, § 1(2), 1-18-2007; Ord. No. 07-06- 33, § 1(2), 6-21-2007; Ord. No. 08-09-23, § 2, 9-15-2008; Ord. No. 09-09-49, § 2, 9-9-2009; Ord. No. 12-11-153, § 2, 11-19-2012) State Law reference— Similar provisions, O.C.G.A. §§ 50-14-2, 5-14-3 and 50-14-4. Sec. 2-43. - Visual and sound recordings. Visual, and sound recordings shall be permitted for all public hearings. (Ord. No. 06-11-02, § 1(3), 11-21-2006; Ord. No. 07-01-04, § 1(3), 1-18-2007; Ord. No. 07-06- 33, § 1(3), 6-21-2007; Ord. No. 08-09-23, § 3, 9-15-2008; Ord. No. 09-09-49, § 3, 9-9-2009; Ord. No. 12-11-153, § 3, 11-19-2012) Editor's note— Section 3 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 43 from "Visual and sound recordings permitted," to "Visual and sound recordings." State Law reference— Similar provision, O.C.G.A. § 50-14-1(c). Sec. 2-44. - Quorum. A quorum must be present for conducting meetings of the city council. A quorum is four members of the city council, including the mayor. It is the duty of the mayor or presiding officer to enforce this rule. Any councilmember may raise a point of order directed to the mayor or presiding officer if he or she believes that a quorum is not present. If, during the course of a me eting, a councilmember or Page 3 of 12 councilmembers leave and a quorum no longer exists, the meeting may not continue. If a quorum is not attained within 30 minutes, the meeting may be rescheduled by the mayor or presiding officer with the approval of the councilmembers present. (Ord. No. 06-11-02, § 1(4), 11-21-2006; Ord. No. 07-01-04, § 1(4), 1-18-2007; Ord. No. 07-06- 33, § 1(4), 6-21-2007; Ord. No. 08-09-23, § 4, 9-15-2008; Ord. No. 09-09-49, § 4, 9-9-2009; Ord. No. 12-11-153, § 4, 11-19-2012) Editor's note— Section 4 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 44 from "Quorum required" to "Quorum." Sec. 2-44.5. - Telephonic participation. The city council is authorized to conduct meetings by teleconference so long as the notice require d by the Act is provided and means are afforded for the public to have simultaneous access to the teleconference meeting. On any other occasion of the meeting of council, and so long as a quorum is present in person, a councilmember may participate by tele conference if necessary due to reasons of health or absence from city limits so long as the other requirements of the Act are met. Absent emergency conditions or the written opinion of a physician or other health professional that reasons of health prevent a councilmember's physical presence, no member shall participate by teleconference more than twice in one calendar year. (Ord. No. 12-11-153, § 4.5, 11-19-2012) State Law reference— Similar provisions, O.C.G.A. § 50-14-1(g). Sec. 2-45. - Mayor. The presiding officer of the city council shall be the mayor. As presiding officer, he or she is responsible for the orderly conduct of the meeting. In order to fulfill this duty, the mayor shall enforce the rules of procedure that are adopted by the city counci l. The mayor shall be impartial and conduct the meetings in a fair manner. The mayor may introduce motions and second motions, including a motion or second to go into executive session. The mayor shall be a voting member of the elected body. (Ord. No. 06-11-02, § 1(5), 11-21-2006; Ord. No. 07-01-04, § 1(5), 1-18-2007; Ord. No. 07-06- 33, § 1(5), 6-21-2007; Ord. No. 08-09-23, § 5, 9-15-2008; Ord. No. 09-09-49, § 5, 9-9-2009; Ord. No. 12-11-153, § 5, 11-19-2012) Editor's note— Section 5 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 45 from "Mayor as presiding officer over city council" to "Mayor." Sec. 2-46. - Mayor pro tempore. The council shall select a mayor pro tempore from the councilmembers at the first meeting of the calendar year following each election, provided no runoff election is required. In the event a runoff election is required, a mayor pro tempore shall be selected at the first meeting after a full mayor and city council are seated. The mayor pro tem shall fulfill th e duties of the mayor if the mayor is not in attendance. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore of the city council, or in such person's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the official duties of the office of the mayor so long as such Page 4 of 12 absence or disability shall continue, except that t he mayor pro tempore shall not have the mayor's veto power except in the case of physical or mental disability of the mayor. A councilmember acting as mayor shall have only one vote. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest. The council shall select a mayor pro tempore consistent with the process outlined in the Cit y of Milton Charter, sections 3.29 and 3.30. (Ord. No. 06-11-02, § 1(6), 11-21-2006; Ord. No. 07-01-04, § 1(6), 1-18-2007; Ord. No. 07-06- 33, § 1(6), 6-21-2007; Ord. No. 08-09-23, § 6, 9-15-2008; Ord. No. 09-09-49, § 6, 9-9-2009; Ord. No. 12-11-153, § 6, 11-19-2012) Sec. 2-47. - Presiding officer. If the mayor and the mayor pro tem are absent or otherwise unable to serve as presiding officer at a meeting and a quorum of councilmembers are present, the remaining councilmembers shall select a councilmember to serve as presiding officer of the meeting until either the mayor or mayor pro tem is present at the meeting. (Ord. No. 06-11-02, § 1(7), 11-21-2006; Ord. No. 07-01-04, § 1(7), 1-18-2007; Ord. No. 07-06- 33, § 1(7), 6-21-2007; Ord. No. 08-09-23, § 7, 9-15-2008; Ord. No. 09-09-49, § 7, 9-9-2009; Ord. No. 12-11-153, § 7, 11-19-2012) Editor's note— Section 7 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 47 from "Presiding officer in absence of mayor and mayor pro tem" to "Presiding officer." Sec. 2-48. - Parliamentarian. The city attorney shall serve as the parliamentarian for city council meetings. (Ord. No. 06-11-02, § 1(8), 11-21-2006; Ord. No. 07-01-04, § 1(8), 1-18-2007; Ord. No. 07-06- 33, § 1(8), 6-21-2007; Ord. No. 08-09-23, § 8, 9-15-2008; Ord. No. 09-09-49, § 8, 9-9-2009; Ord. No. 12-11-153, § 8, 11-19-2012) Editor's note— Section 8 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 48 from "City attorney to serve as parliamentarian" to "Parliamentarian." Sec. 2-49. - Amendments to the rules. Any proposed amendments to the rules of order shall be submitted to the city manager three business days before a regular meeting of the city council. The proposed amendment shall be included in the agenda for that meeting and distributed to all councilmembers. All amendments require a majority vote of the council to be adopted. (Ord. No. 06-11-02, § 1(9), 11-21-2006; Ord. No. 07-01-04, § 1(9), 1-18-2007; Ord. No. 07-06- 33, § 1(9), 6-21-2007; Ord. No. 08-09-23, § 9, 9-15-2008; Ord. No. 09-09-49, § 9, 9-9-2009; Ord. No. 12-11-153, § 9, 11-19-2012) Page 5 of 12 Editor's note— Section 9 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 49 from "Amendments to the rules of order" to "Amendments to the rules." Sec. 2-50. - Suspending the rules of order. Rules of order may be suspended in the case of an emergency. A motion to suspend the rules requires a second, is debatable, and requires unanimous approval of the council. Rules governing quorums (section 2-44), voting methods and requirements (section 2 -57 and section 2-58), the notification to councilmembers of meetings (subsections 2-52(1) and (2)) and rules necessary for compliance with state law may not be suspended; provided, however, that, in the event that a state of emergency is declared by the governor or other authorized state official, the city council may waive time -consuming procedures and formalities imposed by state law. (Ord. No. 06-11-02, § 1(10), 11-21-2006; Ord. No. 07-01-04, § 1(10), 1-18-2007; Ord. No. 07- 06-33, § 1(10), 6-21-2007; Ord. No. 08-09-23, § 10, 9-15-2008; Ord. No. 09-09-49, § 10, 9-9- 2009; Ord. No. 12-11-153, § 10, 11-19-2012) State Law reference— Similar provisions, O.C.G.A. § 38-3-54. Sec. 2-51. - Regular meetings. Regular meetings of the city council shall be held at 6:00 p.m. on the first and third Monday of each month. All regular meetings shall be held at city hall in the mayor and council meeting room. A notice containing the foregoing information shall be posted and maint ained in a conspicuous place available to the general public at the regular meeting place of the city council. Notice of regular meetings must be so posted at least one week in advance and will also be posted on the city website. (Ord. No. 06-11-08, § 1(ch. 2, art. 1, § 1), 11-21-2006; Ord. No. 07-02-015, § 1(ch. 2, art. 1, § 1), 2-15-2007; Ord. No. 08-1-01, §§ 1, 2, 1-24-2008; Ord. No. 09-09-49, § 11, 9-9-2009; Ord. No. 12-11-153, § 11, 11-19-2012) Editor's note— Section 11 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2-51 from "Meeting times" to "Regular meetings." State Law reference— Similar provision, O.C.G.A. § 50-14-1(d)(1). Sec. 2-52. - Meetings other than regular meetings. The city council may meet at times and locations other than those regularly scheduled meetings. (1) Special meetings and rescheduled regular meetings. A regular meeting may be canceled, rescheduled, recessed or moved to a new location within the city site by the mayor and city council for any reason. Other special meetings may be scheduled by the mayor or at the request of at least three councilmembers. Whenever a rescheduled regular meeting or any other special meeting is to be held at a time or place other than the regularly scheduled time or place, written notice of the meeting shall be posted for at least 24 hours at the regular meeting place as well as the physical location where the meeting is to be held, if such location is different than the regular meeting place. In addition, written or oral not ice shall be given by the clerk at least 24 hours in advance of the meeting to the legal organ of the city. Specially called meetings and emergency meetings with less than 24 hours' notice are authorized and may be called in accord with O.C.G.A. § 50-14-1(d)(3). Page 6 of 12 State Law reference— Similar provisions, O.C.G.A. § 50-14-1(d). (2) Meetings with less than 24 hours' notice. When emergency circumstances occur, the city council may hold a meeting with less than 24 hours' notice to the public. When such meetings are to be held, the clerk shall provide notice to the legal organ of th e city and to each member of the city governing authority as soon as possible. The notice shall include the subjects expected to be considered at the meeting. In addition, the minutes shall reflect the reason for the emergency meeting and the nature of the notice given to the media. State Law reference— Similar provisions, O.C.G.A. § 50-14-1(d). (3) Meetings during a state of emergency. When it is imprudent, inexpedient or impossible to hold city council meetings at the regular meeting place due to emergency or disaster resulting from manmade or natural causes, as declared by the governor or othe r authorized state official, the city council may meet anywhere within or outside of the city. Such a meeting may be called by the mayor or by any three councilmembers. At the meeting, the councilmembers shall establish and designate emergency temporary meeting locations where public business may be transacted during the emergency. Any action taken in such meetings shall have the same effect as if performed at the regular meeting site. State Law reference— Similar provisions, O.C.G.A. §§ 50-14-1(d), 38-3-54, 38-3-55. (4) Work sessions. Meetings to discuss city business where no substantive votes are taken shall be scheduled in regular intervals to facilitate discussion on important topics. Work sessions shall be held at 6:00 p.m. on the second Monday of e ach month. All work session meetings shall be held at city hall in the mayor and council meeting room. A notice containing the foregoing information shall be posted and maintained in a conspicuous place available to the general public at the regular meeting place of the city council. Public input comment related to agenda items shall be allowed at work sessions will be allowed only for items germane to the agenda for ten minutes per agenda item,, ttwo minutes per person. These limits may be waived by a majority vote of the city council. with the mayor having flexibility to extend the time if needed. The council shall be authorized to conduct an executive session during a work session. (Ord. No. 06-11-02, § 1(12), 11-21-2006; Ord. No. 07-01-04, § 1(12), 1-18-2007; Ord. No. 07- 06-33, § 1(12), 6-21-2007; Ord. No. 08-1-01, § 2, 1-24-2008; Ord. No. 08-09-23, § 12, 9-15- 2008; Ord. No. 09-09-49, § 12, 9-9-2009; Ord. No. 12-11-153, § 12, 11-19-2012) Sec. 2-53. - Order of business. All regular city council meetings shall substantially follow an established order of business. The order shall be as follows: (1) Call to order. (2) Roll call. (3) Pledge of allegiance. (4) Approval of meeting agenda. (5) Public comment.(General) (6) Consent agenda. (7) Reports and presentations. Commented [KJ1]: Page 7 of 12 (8) First presentation. (9) Public hearing. (10) Zoning agenda. (11) Unfinished business. (12) New business. (13) Mayor and council reports. (14) Staff reports. (15) Executive session (if needed). (167) AdjournmentReconvene. (17) Adjournment. (Ord. No. 06-11-02, § 1(13), 11-21-2006; Ord. No. 07-01-04, § 1(13), 1-18-2007; Ord. No. 07- 06-33, § 1(13), 6-21-2007; Ord. No. 08-09-23, § 13, 9-15-2008; Ord. No. 09-09-49, § 13, 9-9- 2009; Ord. No. 12-11-153, § 13, 11-19-2012) Sec. 2-54. - Agenda. The city manager and city clerk shall prepare an agenda of subjects to be acted on for each meeting. Work session topics and cCouncil agenda items shall be submitted consistent with the agenda order of business in section 2-53. The agenda shall be made available to the city council at least one business day before every city council meeting. (1) Requests for agenda items. Members of the public may request that a particular subject be placed on the agenda for a meeting. To be considered, this request shall be submitted in writing to the city manager or city clerk . (21) Changing the agenda. The order of the agenda may be changed during a meeting by a majority vote of the city council. An item that was not on the published agenda new item may be added to the agenda by a majority vote of the city council only if itthe item becomes necessary to address the item during the meeting. An existing item may be removed from the agenda by the majority vote of the city council. Items for consideration by the city council must be placed on city council meeting or work session agendas on or before 5:00 p.m. no less than three working days prior to the scheduled meeting or work session . A late addition to the published agenda shall not be allowed except in the case of an emergency situation, which shall be defined as a sudden, unforeseen happening which requi res immediate action to correct or to protect lives and/or property. (32) Agenda must be made public. The agenda of all matters to come before the city council shall be made available to the public upon request and shall be posted at the meeting site as far in advance as reasonably possible, but shall not be required to be ava ilable more than two weeks prior to the meeting. Not less than 24 hours prior to the start of the meeting. (Ord. No. 06-11-02, § 1(14), 11-21-2006; Ord. No. 07-01-04, § 1(14), 1-18-2007; Ord. No. 07- 06-33, § 1(14), 6-21-2007; Ord. No. 08-1-01, § 3, 1-24-2008; Ord. No. 08-09-23, § 14, 9-15- 2008; Ord. No. 09-09-49, § 14, 9-9-2009; Ord. No. 12-11-153, § 14, 11-19-2012) State Law reference— Similar provisions, O.C.G.A. §§ 50-14-1(e)(1). Sec. 2-55. - Consent agenda. Page 8 of 12 A consent agenda may be prepared by the city manager for the city council to adopt motions on routine items. Any items of business that are expected to receive unanimous approval without debate may be placed on a consent agenda. At the appropriate time of the meeting, all of the items on the consent agenda shall be read into public record. If a councilmember objects to an item being on the consent agenda, the councilmember shall direct the move of that particular item to the regular agenda through a motion, second, and majority vote. Following the reading of the consent agenda, the mayor may ask for approval of the items on the consent agenda. If there are no objections, all the items on the consent agenda shall be approved by a majority vote of the city council. (Ord. No. 06-11-02, § 1(15), 11-21-2006; Ord. No. 07-01-04, § 1(15), 1-18-2007; Ord. No. 07- 06-33, § 1(15), 6-21-2007; Ord. No. 08-09-23, § 15, 9-15-2008; Ord. No. 09-09-49, § 15, 9-9- 2009; Ord. No. 12-11-153, § 15, 11-19-2012) Sec. 2-56. - Decorum. All councilmembers shall conduct themse lves in a professional and respectful manner. Personal remarks are inappropriate and may be ruled out of order. A councilmember may not speak at a meeting until he or she has been recognized by the mayor. All comments made by a councilmember shall address the motion that is being discussed. The mayor shall enforce these rules of decorum. If a councilmember believes that a rule has been broken, he or she may raise a point of order. A second is not required. The mayor may rule on the question or may allow the city council to debate the issue and decide by majority vote. (Ord. No. 06-11-02, § 1(17), 11-21-2006; Ord. No. 07-01-04, § 1(16), 1-18-2007; Ord. No. 07- 06-33, § 1(16), 6-21-2007; Ord. No. 08-09-23, § 16, 9-15-2008; Ord. No. 09-09-49, § 16, 9-9- 2009; Ord. No. 12-11-153, § 16, 11-19-2012) Sec. 2-57. - Voting. Passage of a motion shall require the affirmative vote of a majority of those voting at which a quorum is present, unless the number of votes for passage is otherwise altered by these rules. Unless otherwise specified in the charter as it pertains to voting by the mayor, a majority shall mean at least four of the councilmembers present (including mayor). (Ord. No. 06-11-02, § 1(18), 11-21-2006; Ord. No. 07-01-04, § 1(17), 1-18-2007; Ord. No. 07- 06-33, § 1(17), 6-21-2007; Ord. No. 08-09-23, § 17, 9-15-2008; Ord. No. 09-09-49, § 17, 9-9- 2009; Ord. No. 12-11-153, § 17, 11-19-2012) Sec. 2-58. - Abstentions. A councilmember shall vote on all motions unless he or she has a conflict of interest preventin g him or her from making a decision in a fair and legal manner. If a conflict of interest does exist, the councilmember shall explain for the record his or her decision to abstain on any vote. (Ord. No. 06-11-02, § 1(19), 11-21-2006; Ord. No. 07-01-04, § 1(18), 1-18-2007; Ord. No. 07- 06-33, § 1(18), 6-21-2007; Ord. No. 08-09-23, § 18, 9-15-2008; Ord. No. 09-09-49, § 18, 9-9- 2009; Ord. No. 12-11-153, § 18, 11-19-2012) Sec. 2-59. - Public participation. Page 9 of 12 Public participation in meetings of the city council shall be permitted in accordance with the provisions of this section. (1) Public comments. All members of the public wishing to address the city council shall submit their name and the topic of their comments to the city clerk prior to the start of any m eeting held by the city council; provided, however, that if the applicants of rezoning actions or individual who wish to oppose a rezoning action has contributed more than $250.00 to the campaign of a councilmember who will consider the application, the in dividual shall file a campaign disclosure form as required by O.C.G.A. § 36-67A-3(c) at least five calendar days prior to the first hearing by the city council. Individuals may be allotted five minutes to make their comments and those comments shall be lim ited to their chosen topic. These limits may be waived by a majority vote of the city council. (1) Public comments. All members of the public wishing to address the city council shall submit their name and the topic of their comments to the city clerk prior. If a member of the public wishes to address the Council regarding an agenda item, they must submit their public comment card to the clerk prior to the agenda item being called. Once the clerk has called the item, no further public comment cards will be accepted. to the related agenda item being calledstart of any meeting held by the city council. The following time limits may be waived by a majority vote of the city council . Anyone wishing to speak at any city council meeting must be recognized by the mayor before addressing the city council. There is no public comment allowed for Consent Agenda items (6) or items under First Presentation (8). (a) General Public Comment (5) is allowed only at regular meetings. The subject of the comment must be of a general nature and not an item on the agenda , except that members of the public may speak on items on the Consent Agenda (6) and items under First Presentation (8) at this timeMembers of the public are encouraged, but no rt required, to address the Council regarding matters of City business. Members of the public may speak for five minutes and may speak only once. General Public Comments may include astatements discussionregarding of items on the Consent Agenda and on First Presentation. Reports and Presentations Comments (7) – Members of the public may speak for five minutes and may speak only once. [purposefully blank] (b) Public Hearing Comments (9) (typically Alcohol Beverage License Application s, Budget, or Charter Revisions) - Members of the public may speak for five minutes and may speak only once. (c) Zoning Agenda – Public Comments on zoning decisions shall be governed by the State Zoning Procedures law. Each side in a zoning case shall in accordance with the zoning policies and procedures and require the opp ortunity for each side to have at least ten (10) minutes to discuss their position or offer comments. When any applicant for rezoning actions has contributed more than $250.00 to the campaign of a councilmember who will consider the application, the individual shall file a campaign disclosure form as required by O.C.G.A. § 36 - 67A-3(a) within ten days after the application is first filed. . When any opponent for rezoning actions has contributed more than $250.00 to the campaign of a councilmember who wil l consider the application, the individual shall file a campaign disclosure form as required by O.C.G.A. § 36-67A-3(c) within five (5) days prior to the first hearing by the local government or any of its agencies on the rezoning application. (d) Unfinished Business Comments - Each side must have the opportunity to speak at least ten (10) minutes to discuss their position or offer comments. (e) New Business Comments - Members of the public may speak for five minutes and may speak only once. Page 10 of 12 State Law reference— Similar provisions, O.C.G.A. § 36-67A-3. (2) Public participation on agenda items. The city council may allow public comment on an agenda item at the time the item is being considered by the city council. These comments shall be limited to the subject that is being debated. Members of the public may speak for five minutes and may speak only once. These limits may be waived by a majority vote of the city council. Anyone wishing to speak at any city council meeting must be recognized by the mayor before addressing the city council. (2) Public participation – Emails and Public Comment Cards. (a) (a) Public Comment Cards. – Must be turned into the City Clerk prior to the agenda item being called. YouTheAn individual submitting any written comments must be in attendance at the council meeting if you wish to havein order for the City Clerk to read saidread your written comments into the record. Written comments shall be limited to the space provided on the public comment cards and no content submitted to the City Clerk shall be read into t he record if it is not legibly written on the comment card. (Should we limit the number of words permitted?) (a) (b) (b) Emails – Emails sent to the elected officials, City Manager, City Clerk or Department Directors which state a position on an Aagenda matteritem will be handled as follows: the sender’s name, address and general position (i.e., in support or opposed to the agenda item) will be read by the City Clerk into the record during public comment for the respective agenda item. The substantive comments or narrative in the email will not be read into the record unless the author of the email is in attendance at the meeting (See, 2 -59(2)(a)). (3) Decorum. Members of the public shall not make inappropriate ordefamatory or obscene offensive comments at a city council meeting and are expected to comply with the rules of decorum that are established for councilmembers. Individuals violating any rules of the city council may be ruled out of order by the mayor or on a point of order made by a councilmembe r. A majority vote of the city council shall rule on the point of order. An individual violating the rules of decorum may be removed from the meeting at the direction of the mayor. (4) Public hearings. The city council may schedule public hearings for the purpose of soliciting public comment on any subject of interest to the city council. Hearings may be held immediately prior to, during or following a meeting of the city council or at such other places and times as the city council may determine. Hearings require at least ten minutes per side. These limits may be waived by a majority vote of the city council. No official action shall be taken at any such public hearing. Hearings on zoning decisions shall be governed in accordance with the zoning policies and procedures and require the opportunity for each side to have at least ten minutes to discuss their position or offer comments. State Law reference— Similar provisions, O.C.G.A. §§ 36-66-4 and 36-66-5. (5) Representation of civic associations, advocacy groups or homeowners' associations. The city council may allow public comment on either an agenda item or general public comment from a representative of such an organized group or association; provided, however, that such an individual shall file a notarized affidavit that they have the authority to speak on behalf of said organization on a form provided by the city clerk prior to the agenda item being called. Formatted: Font: (Default) Arial, 10 pt Page 11 of 12 (Ord. No. 06-11-02, § 1(20), 11-21-2006; Ord. No. 07-01-04, § 1(19), 1-18-2007; Ord. No. 07- 06-33, § 1(19), 6-21-2007; Ord. No. 08-09-23, § 19, 9-15-2008; Ord. No. 09-09-49, § 19, 9-9- 2009; Ord. No. 12-11-153, § 19, 11-19-2012) Sec. 2-60. - Meeting summary. A summary of the subjects acted upon in a meeting and the names of the councilmembers present at a meeting shall be written and made available to the public for inspection within two business days of the adjournment of the meeting. (Ord. No. 06-11-02, § 1(21), 11-21-2006; Ord. No. 07-01-04, § 1(20), 1-18-2007; Ord. No. 07- 06-33, § 1(20), 6-21-2007; Ord. No. 08-09-23, § 20, 9-15-2008; Ord. No. 09-09-49, § 20, 9-9- 2009; Ord. No. 12-11-153, § 20, 11-19-2012) State Law reference— Similar provision, O.C.G.A. § 56-14-1(e)(2). Sec. 2-61. - Minutes. The clerk of the city council shall promptly record the minutes for each city council meeting. The minutes shall specify the names of councilmembers present at the meeting, a description of each motion or other proposal made at the meeting, the name of the councilmember who proposed each motion, the name of the councilmember who seconded each motion, and a record of all votes (the name of each councilmember voting for or against a proposal shall be recorded). Minutes will be in summa ry form. Minutes for zoning agenda items will be verbatim. More detailed information may be included in the minutes at the request of the city council. The city council shall approve the minutes before they may be considered as an official record of the city council. The minutes shall be open for public inspection once approved as official by the city council but in no case later than immediately following the next regular meeting of the city council. A copy of the minutes from the previous meeting shall be distributed to the city council at least one business day before the following meeting. The minutes of the previous meeting shall be corrected, if necessary, and approved by the city council at the beginning of each meeting. A majority vote is required f or approval. Conflicts regarding the content of the minutes shall be decided by a majority vote. Upon being approved, the minutes shall be signed by the mayor and attested to by the clerk of the city council. (Ord. No. 06-11-02, § 1(22), 11-21-2006; Ord. No. 07-01-04, § 1(21), 1-18-2007; Ord. No. 07- 06-33, § 1(21), 6-21-2007; Ord. No. 08-09-23, § 21, 9-15-2008; Ord. No. 09-09-49, § 21, 9-9- 2009; Ord. No. 12-11-153, § 21, 11-19-2012) State Law reference— Similar provision, O.C.G.A. § 50-14-1(e)(2). Sec. 2-62. - Roberts Rules of Order. This document shall serve as the rules and procedures of the mayor and city council. In the absence of applicable rules and procedures which may from time to time be encountered during the public meetings, Roberts Rules of Order shall be followed. (Ord. No. 06-11-02, § 1(23), 11-21-2006; Ord. No. 07-01-04, § 1(22), 1-18-2007; Ord. No. 07- 06-33, § 1(22), 6-21-2007; Ord. No. 08-09-23, § 22, 9-15-2008; Ord. No. 09-09-49, § 22, 9-9- 2009; Ord. No. 12-11-153, § 22, 11-19-2012) Page 12 of 12 Sec. 2-63. - Duration of council meetings. City council meetings shall not extend beyond 12:00 midnight, and in the event that business is not concluded prior to that time, the remaining agenda, unless otherwise extended by a majority vote of the council, or unless an emergency exists, shall be deferred to "unfinished business" on the next scheduled meeting agenda. (Ord. No. 08-1-01, § 4(23), 1-24-2008; Ord. No. 08-09-23, § 23, 9-15-2008; Ord. No. 09-09-49, § 23, 9-9-2009; Ord. No. 12-11-153, § 23, 11-19-2012) Editor's note— Section 23 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2-63 from "Duration of meetings" to "Duration of council meetings." Secs. 2-64—2-82. - Reserved. Page 1 of 11 DIVISION 2. - MEETINGS[3] Footnotes: --- (3) --- State Law reference— Open meetings and notice of meetings required, O.C.G.A. § 50 -14-1; meetings of governing bodies of counties and municipalities to be open, O.C.G.A. § 36 -80-1. Sec. 2-39. - Compliance with state law. (a) All meetings shall be held in accordance with the Georgia Open and Public Meetings Act, O.C.G.A. § 50-14-1 et seq. (b) All city records subject to the Georgia Open Records Act, O.C.G.A. § 50 -18-70 et seq., shall be available to the public. The city clerk shall comply with any valid requests under the Georgia Open Records Act, O.C.G.A. § 50-18-70 et seq., and prepare any materials requested. (Ord. No. 06-11-08, § 1(ch. 2, art. 1, § 2), 11-21-2006; Ord. No. 07-02-015, § 1(ch. 2, art. 1, § 2), 2-15-2007) State Law reference— Open meetings, O.C.G.A. § 50-14-1 et seq. Sec. 2-40. - Subpoenas. (a) The city council, when sitting as a judicial or quasi -judicial body pursuant to public law, its Charter, or its ordinances, shall compel the attendance of witnesses by subpoena under the same rules as prevail in the superior courts, and any witness wh o shall fail to respond to the subpoena, or who shall refuse to testify under oath, shall be guilty of contempt. (b) The subpoenas as authorized in subsection (a) of this section shall bear witness in the name of the mayor; shall be issued by the city clerk; and shall be served by the chief of police, any police officer, or by such other person as the mayor may designate. (c) Should any person fail to respond to a city council subpoena, after having been lawfully served, without good cause, or should the person refuse to testify under oath, then the city council shall hold the person in contempt, and, in their discretion, punish the person by the imposition of a fine according to the maximum allowed by state law. Each of the failures or refusals herein d escribed shall constitute a separate contempt. (Ord. No. 06-11-08, § 1(ch. 2, art. 1, § 5), 11-21-2006; Ord. No. 07-02-015, § 1(ch. 2, art. 1, § 5), 2-15-2007) Sec. 2-41. - Open meetings. All meetings of the mayor and city council shall be held in accor dance with the provisions of O.C.G.A. § 50-14-1 et seq. otherwise known as the Open Meetings Act (the "Act"). The public shall at all times be afforded access to all meetings other than executive sessions as defined at O.C.G.A. § 50 -14- 1(a)(2) and those assemblies exempt from the Act per O.C.G.A. § 50-14-3(a). Page 2 of 11 (Ord. No. 06-11-02, § 1(1), 11-21-2006; Ord. No. 07-01-04, § 1(1), 1-18-2007; Ord. No. 07-06- 33, § 1(1), 6-21-2007; Ord. No. 08-09-23, § 1, 9-15-2008; Ord. No. 09-09-49, § 1, 9-9-2009; Ord. No. 12-11-153, § 1, 11-19-2012) Sec. 2-42. - Executive sessions. Executive sessions of the council may be held for all purposes set forth in O.C.G.A. § 50 -14-3(b)(1), (2), and (4). Any portion of a meeting or assembly subject to the Act that does not fall within the purview of O.C.G.A. § 50-14-3(b)(1), (2) and (4) shall be open to the public. (1) Nonexempt topics. If an agency member initiates a discussion during executive session that falls outside the scope of those topics that may be discussed pursuant to O.C.G.A. § 50 -14- 3(b)(1), (2) and (4) the mayor must immediately rule the discussion o ut of order. If the impermissible discussion continues, the chairman must adjourn the meeting. (2) Procedure for entering into executive sessions. No executive session shall be held except pursuant to a majority affirmative vote of the city council taken in a public meeting. The minutes of the public meeting shall reflect the names of the councilmembers present, those voting for the executive session, and the specific reasons for the executive session. (3) Executive session minutes. Executive session minutes shall be kept in accord with O.C.G.A. § 50-14-1(e)(2)(c). Executive session minutes shall not be open to the public. (4) Mayor or presiding officer affidavit. The mayor or other presiding officer shall execute an affidavit stating, under oath, that the executive session was devoted to topics exempt from the public access requirements. The affidavit shall include the specific exemption to the open meetings law. The affidavit shall be notarized and filed with the minutes of the open meeting. (Ord. No. 06-11-02, § 1(2), 11-21-2006; Ord. No. 07-01-04, § 1(2), 1-18-2007; Ord. No. 07-06- 33, § 1(2), 6-21-2007; Ord. No. 08-09-23, § 2, 9-15-2008; Ord. No. 09-09-49, § 2, 9-9-2009; Ord. No. 12-11-153, § 2, 11-19-2012) State Law reference— Similar provisions, O.C.G.A. §§ 50-14-2, 5-14-3 and 50-14-4. Sec. 2-43. - Visual and sound recordings. Visual, and sound recordings shall be permitted for all public hearings. (Ord. No. 06-11-02, § 1(3), 11-21-2006; Ord. No. 07-01-04, § 1(3), 1-18-2007; Ord. No. 07-06- 33, § 1(3), 6-21-2007; Ord. No. 08-09-23, § 3, 9-15-2008; Ord. No. 09-09-49, § 3, 9-9-2009; Ord. No. 12-11-153, § 3, 11-19-2012) Editor's note— Section 3 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 43 from "Visual and sound recordings permitted," to "Visual and sound recordings." State Law reference— Similar provision, O.C.G.A. § 50-14-1(c). Sec. 2-44. - Quorum. A quorum must be present for conducting meetings of the city council. A quorum is four members of the city council, including the mayor. It is the duty of the mayor or presiding officer to enforce this rule. Any councilmember may raise a point of order directed to the mayor or presiding officer if he or she believes that a quorum is not present. If, during the course of a me eting, a councilmember or Page 3 of 11 councilmembers leave and a quorum no longer exists, the meeting may not continue. If a quorum is not attained within 30 minutes, the meeting may be rescheduled by the mayor or presiding officer with the approval of the councilmembers present. (Ord. No. 06-11-02, § 1(4), 11-21-2006; Ord. No. 07-01-04, § 1(4), 1-18-2007; Ord. No. 07-06- 33, § 1(4), 6-21-2007; Ord. No. 08-09-23, § 4, 9-15-2008; Ord. No. 09-09-49, § 4, 9-9-2009; Ord. No. 12-11-153, § 4, 11-19-2012) Editor's note— Section 4 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 44 from "Quorum required" to "Quorum." Sec. 2-44.5. - Telephonic participation. The city council is authorized to conduct meetings by teleconference so long as the notice require d by the Act is provided and means are afforded for the public to have simultaneous access to the teleconference meeting. On any other occasion of the meeting of council, and so long as a quorum is present in person, a councilmember may participate by tele conference if necessary due to reasons of health or absence from city limits so long as the other requirements of the Act are met. Absent emergency conditions or the written opinion of a physician or other health professional that reasons of health prevent a councilmember's physical presence, no member shall participate by teleconference more than twice in one calendar year. (Ord. No. 12-11-153, § 4.5, 11-19-2012) State Law reference— Similar provisions, O.C.G.A. § 50-14-1(g). Sec. 2-45. - Mayor. The presiding officer of the city council shall be the mayor. As presiding officer, he or she is responsible for the orderly conduct of the meeting. In order to fulfill this duty, the mayor shall enforce the rules of procedure that are adopted by the city counci l. The mayor shall be impartial and conduct the meetings in a fair manner. The mayor may introduce motions and second motions, including a motion or second to go into executive session. The mayor shall be a voting member of the elected body. (Ord. No. 06-11-02, § 1(5), 11-21-2006; Ord. No. 07-01-04, § 1(5), 1-18-2007; Ord. No. 07-06- 33, § 1(5), 6-21-2007; Ord. No. 08-09-23, § 5, 9-15-2008; Ord. No. 09-09-49, § 5, 9-9-2009; Ord. No. 12-11-153, § 5, 11-19-2012) Editor's note— Section 5 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 45 from "Mayor as presiding officer over city council" to "Mayor." Sec. 2-46. - Mayor pro tempore. The council shall select a mayor pro tempore from the councilmembers at the first meeting of the calendar year following each election, provided no runoff election is required. In the event a runoff election is required, a mayor pro tempore shall be selected at the first meeting after a full mayor and city council are seated. The mayor pro tem shall fulfill th e duties of the mayor if the mayor is not in attendance. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore of the city council, or in such person's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the official duties of the office of the mayor so long as such Page 4 of 11 absence or disability shall continue, except that t he mayor pro tempore shall not have the mayor's veto power except in the case of physical or mental disability of the mayor. A councilmember acting as mayor shall have only one vote. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest. The council shall select a mayor pro tempore consistent with the process outlined in the Cit y of Milton Charter, sections 3.29 and 3.30. (Ord. No. 06-11-02, § 1(6), 11-21-2006; Ord. No. 07-01-04, § 1(6), 1-18-2007; Ord. No. 07-06- 33, § 1(6), 6-21-2007; Ord. No. 08-09-23, § 6, 9-15-2008; Ord. No. 09-09-49, § 6, 9-9-2009; Ord. No. 12-11-153, § 6, 11-19-2012) Sec. 2-47. - Presiding officer. If the mayor and the mayor pro tem are absent or otherwise unable to serve as presiding officer at a meeting and a quorum of councilmembers are present, the remaining councilmembers shall select a councilmember to serve as presiding officer of the meeting until either the mayor or mayor pro tem is present at the meeting. (Ord. No. 06-11-02, § 1(7), 11-21-2006; Ord. No. 07-01-04, § 1(7), 1-18-2007; Ord. No. 07-06- 33, § 1(7), 6-21-2007; Ord. No. 08-09-23, § 7, 9-15-2008; Ord. No. 09-09-49, § 7, 9-9-2009; Ord. No. 12-11-153, § 7, 11-19-2012) Editor's note— Section 7 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 47 from "Presiding officer in absence of mayor and mayor pro tem" to "Presiding officer." Sec. 2-48. - Parliamentarian. The city attorney shall serve as the parliamentarian for city council meetings. (Ord. No. 06-11-02, § 1(8), 11-21-2006; Ord. No. 07-01-04, § 1(8), 1-18-2007; Ord. No. 07-06- 33, § 1(8), 6-21-2007; Ord. No. 08-09-23, § 8, 9-15-2008; Ord. No. 09-09-49, § 8, 9-9-2009; Ord. No. 12-11-153, § 8, 11-19-2012) Editor's note— Section 8 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 48 from "City attorney to serve as parliamentarian" to "Parliamentarian." Sec. 2-49. - Amendments to the rules. Any proposed amendments to the rules of order shall be submitted to the city manager three business days before a regular meeting of the city council. The proposed amendment shall be included in the agenda for that meeting and distributed to all councilmembers. All amendments require a majority vote of the council to be adopted. (Ord. No. 06-11-02, § 1(9), 11-21-2006; Ord. No. 07-01-04, § 1(9), 1-18-2007; Ord. No. 07-06- 33, § 1(9), 6-21-2007; Ord. No. 08-09-23, § 9, 9-15-2008; Ord. No. 09-09-49, § 9, 9-9-2009; Ord. No. 12-11-153, § 9, 11-19-2012) Page 5 of 11 Editor's note— Section 9 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2- 49 from "Amendments to the rules of order" to "Amendments to the rules." Sec. 2-50. - Suspending the rules of order. Rules of order may be suspended in the case of an emergency. A motion to suspend the rules requires a second, is debatable, and requires unanimous approval of the council. Rules governing quorums (section 2-44), voting methods and requirements (section 2 -57 and section 2-58), the notification to councilmembers of meetings (subsections 2-52(1) and (2)) and rules necessary for compliance with state law may not be suspended; provided, however, that, in the event that a state of emergency is declared by the governor or other authorized state official, the city council may waive time -consuming procedures and formalities imposed by state law. (Ord. No. 06-11-02, § 1(10), 11-21-2006; Ord. No. 07-01-04, § 1(10), 1-18-2007; Ord. No. 07- 06-33, § 1(10), 6-21-2007; Ord. No. 08-09-23, § 10, 9-15-2008; Ord. No. 09-09-49, § 10, 9-9- 2009; Ord. No. 12-11-153, § 10, 11-19-2012) State Law reference— Similar provisions, O.C.G.A. § 38-3-54. Sec. 2-51. - Regular meetings. Regular meetings of the city council shall be held at 6:00 p.m. on the first and third Monday of each month. All regular meetings shall be held at city hall in the mayor and council meeting room. A notice containing the foregoing information shall be posted and maint ained in a conspicuous place available to the general public at the regular meeting place of the city council. Notice of regular meetings must be so posted at least one week in advance and will also be posted on the city website. (Ord. No. 06-11-08, § 1(ch. 2, art. 1, § 1), 11-21-2006; Ord. No. 07-02-015, § 1(ch. 2, art. 1, § 1), 2-15-2007; Ord. No. 08-1-01, §§ 1, 2, 1-24-2008; Ord. No. 09-09-49, § 11, 9-9-2009; Ord. No. 12-11-153, § 11, 11-19-2012) Editor's note— Section 11 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2-51 from "Meeting times" to "Regular meetings." State Law reference— Similar provision, O.C.G.A. § 50-14-1(d)(1). Sec. 2-52. - Meetings other than regular meetings. The city council may meet at times and locations other than those regularly scheduled meetings. (1) Special meetings and rescheduled regular meetings. A regular meeting may be canceled, rescheduled, recessed or moved to a new location within the city site by the mayor and city council for any reason. Other special meetings may be scheduled by the mayor or at the request of at least three councilmembers. Whenever a rescheduled regular meeting or any other special meeting is to be held at a time or place other than the regularly scheduled time or place, written notice of the meeting shall be posted for at least 24 hours at the regular meeting place as well as the physical location where the meeting is to be held, if such location is different than the regular meeting place. In addition, written or oral not ice shall be given by the clerk at least 24 hours in advance of the meeting to the legal organ of the city. Specially called meetings and emergency meetings with less than 24 hours' notice are authorized and may be called in accord with O.C.G.A. § 50-14-1(d)(3). Page 6 of 11 State Law reference— Similar provisions, O.C.G.A. § 50-14-1(d). (2) Meetings with less than 24 hours' notice. When emergency circumstances occur, the city council may hold a meeting with less than 24 hours' notice to the public. When such meetings are to be held, the clerk shall provide notice to the legal organ of th e city and to each member of the city governing authority as soon as possible. The notice shall include the subjects expected to be considered at the meeting. In addition, the minutes shall reflect the reason for the emergency meeting and the nature of the notice given to the media. State Law reference— Similar provisions, O.C.G.A. § 50-14-1(d). (3) Meetings during a state of emergency. When it is imprudent, inexpedient or impossible to hold city council meetings at the regular meeting place due to emergency or disaster resulting from manmade or natural causes, as declared by the governor or othe r authorized state official, the city council may meet anywhere within or outside of the city. Such a meeting may be called by the mayor or by any three councilmembers. At the meeting, the councilmembers shall establish and designate emergency temporary meeting locations where public business may be transacted during the emergency. Any action taken in such meetings shall have the same effect as if performed at the regular meeting site. State Law reference— Similar provisions, O.C.G.A. §§ 50-14-1(d), 38-3-54, 38-3-55. (4) Work sessions. Meetings to discuss city business shall be scheduled in regular intervals to facilitate discussion on important topics. Work sessions shall be held at 6:00 p.m. on the second Monday of each month. A notice containing the foregoing information shall be posted and maintained in a conspicuous place available to the general public at the regular meeting place of the city council. Public comment related to agenda items shall be allowed at work sessions for ten minutes per agenda item, two minutes per person. These limits may be waived by a majority vote of the city council. The council shall be authorized to conduct an executive session during a work session. (Ord. No. 06-11-02, § 1(12), 11-21-2006; Ord. No. 07-01-04, § 1(12), 1-18-2007; Ord. No. 07- 06-33, § 1(12), 6-21-2007; Ord. No. 08-1-01, § 2, 1-24-2008; Ord. No. 08-09-23, § 12, 9-15- 2008; Ord. No. 09-09-49, § 12, 9-9-2009; Ord. No. 12-11-153, § 12, 11-19-2012) Sec. 2-53. - Order of business. All regular city council meetings shall substantially follow an established order of business. The order shall be as follows: (1) Call to order. (2) Roll call. (3) Pledge of allegiance. (4) Approval of meeting agenda. (5) Public comment.(General) (6) Consent agenda. (7) Reports and presentations. (8) First presentation. (9) Public hearing. Commented [KJ1]: Page 7 of 11 (10) Zoning agenda. (11) Unfinished business. (12) New business. (13) Mayor and council reports. (14) Staff reports. (15) Executive session (if needed). (17) Adjournment (Ord. No. 06-11-02, § 1(13), 11-21-2006; Ord. No. 07-01-04, § 1(13), 1-18-2007; Ord. No. 07- 06-33, § 1(13), 6-21-2007; Ord. No. 08-09-23, § 13, 9-15-2008; Ord. No. 09-09-49, § 13, 9-9- 2009; Ord. No. 12-11-153, § 13, 11-19-2012) Sec. 2-54. - Agenda. The city manager and city clerk shall prepare an agenda of subjects to be acted on for each meet ing. Council agenda items shall be submitted consistent with the agenda order of business in section 2 -53. The agenda shall be made available to the city council at least one business day before every city council meeting. . (1) Changing the agenda. The order of the agenda may be changed during a meeting by a majority vote of the city council. An item that was not on the published agenda may be added to the agenda by a majority vote of the city council if the item becomes necessary to address during the meeting. An existing item may be removed from the agenda by the majority vote of the city council. Items for consideration by the city council must be placed on city council meeting or work session agendas on or before 5:00 p.m. no less than three working days prior to the scheduled meeting or work session. A late addition to the published agenda shall not be allowed except in the case of an emergency situation, which shall be defined as a sudden, unforeseen happening which requires immediate action to correct or to protect lives and/or property. (2) Agenda must be made public. The agenda of all matters to come before the city council shall be made available to the public upon request and shall be posted at the meeting site as f ar in advance as reasonably possible, but shall not be required to be available more than two weeks prior to the meeting. Not less than 24 hours prior to the start of the meeting. (Ord. No. 06-11-02, § 1(14), 11-21-2006; Ord. No. 07-01-04, § 1(14), 1-18-2007; Ord. No. 07- 06-33, § 1(14), 6-21-2007; Ord. No. 08-1-01, § 3, 1-24-2008; Ord. No. 08-09-23, § 14, 9-15- 2008; Ord. No. 09-09-49, § 14, 9-9-2009; Ord. No. 12-11-153, § 14, 11-19-2012) State Law reference— Similar provisions, O.C.G.A. §§ 50-14-1(e)(1). Sec. 2-55. - Consent agenda. A consent agenda may be prepared by the city manager for the city council to adopt motions on routine items. Any items of business that are expected to receive unanimous approval without debate may be placed on a consent agenda. At the appropriate time of the meeting, all of the items on the consent agenda shall be read into public record. If a councilmember objects to an item being on the consent agenda, the councilmember shall direct the move of that particular item to the r egular agenda Page 8 of 11 through a motion, second, and majority vote. Following the reading of the consent agenda, the mayor may ask for approval of the items on the consent agenda. If there are no objections, all the items on the consent agenda shall be approved by a majority vote of the city council. (Ord. No. 06-11-02, § 1(15), 11-21-2006; Ord. No. 07-01-04, § 1(15), 1-18-2007; Ord. No. 07- 06-33, § 1(15), 6-21-2007; Ord. No. 08-09-23, § 15, 9-15-2008; Ord. No. 09-09-49, § 15, 9-9- 2009; Ord. No. 12-11-153, § 15, 11-19-2012) Sec. 2-56. - Decorum. All councilmembers shall conduct themselves in a professional and respectful manner. Personal remarks are inappropriate and may be ruled out of order. A councilmember may not speak at a meeting until he or she has been recognized by the mayor. All comments made by a councilmember shall address the motion that is being discussed. The mayor shall enforce these rules of decorum. If a councilmember believes that a rule has been broken, he or she may raise a point of order. A se cond is not required. The mayor may rule on the question or may allow the city council to debate the issue and decide by majority vote. (Ord. No. 06-11-02, § 1(17), 11-21-2006; Ord. No. 07-01-04, § 1(16), 1-18-2007; Ord. No. 07- 06-33, § 1(16), 6-21-2007; Ord. No. 08-09-23, § 16, 9-15-2008; Ord. No. 09-09-49, § 16, 9-9- 2009; Ord. No. 12-11-153, § 16, 11-19-2012) Sec. 2-57. - Voting. Passage of a motion shall require the affirmative vote of a majority of those voting at which a quorum is present, unless the number of votes for passage is otherwise altered by these rules. Unless otherwise specified in the charter as it pertains to voting by the mayor, a majority shall mean at least four of the councilmembers present (including mayor). (Ord. No. 06-11-02, § 1(18), 11-21-2006; Ord. No. 07-01-04, § 1(17), 1-18-2007; Ord. No. 07- 06-33, § 1(17), 6-21-2007; Ord. No. 08-09-23, § 17, 9-15-2008; Ord. No. 09-09-49, § 17, 9-9- 2009; Ord. No. 12-11-153, § 17, 11-19-2012) Sec. 2-58. - Abstentions. A councilmember shall vote on all motions unless he or she has a conflict of interest preventing him or her from making a decision in a fair and legal manner. If a conflict of interest does exist, the councilmember shall explain for the record his or her decision to abstain on any vote. (Ord. No. 06-11-02, § 1(19), 11-21-2006; Ord. No. 07-01-04, § 1(18), 1-18-2007; Ord. No. 07- 06-33, § 1(18), 6-21-2007; Ord. No. 08-09-23, § 18, 9-15-2008; Ord. No. 09-09-49, § 18, 9-9- 2009; Ord. No. 12-11-153, § 18, 11-19-2012) Sec. 2-59. - Public participation. Public participation in meetings of the city council shall be permitted in accordance with the provisions of this section. (1) Public comments. Page 9 of 11 All members of the public wishing to address the city council shall submit their name and the topic of their comments to the city clerk. If a member of the public wishes to address the Council regarding an agenda item, they must submit their public comment card to the clerk prior to the agenda item being called. Once the clerk has called the i tem, no further public comment cards will be accepted.. Anyone wishing to speak at any city council meeting must be recognized by the mayor before addressing the city council. (a) General Public Comment is allowed only at regular meetings. Members of the public are encouraged, but not required, to address the Council regarding matters of City business . Members of the public may speak for five minutes and may speak only once. General Public Comments may include statementsregarding items on the Consent Agenda and on First Presentation. (b) [purposefully blank]Public Hearing Comments (typically Alcohol Beverage License Applications, Budget, or Charter Revisions) - Members of the public may speak for five minutes and may speak only once. (c) Zoning Agenda – Public Comments on zoning decisions shall be governed by the State Zoning Procedures law. Each side in a zoning case shall have at least ten (10) minutes to discuss their position or offer comments. When any applicant for rezoning actions has contributed more than $250.00 to the campaign of a councilmember who will consider the application, the individual shall file a campaign disclosure form as required by O.C.G.A. § 36 - 67A-3(a) within ten days after the application is first filed. When any opponent for rezoning actions has contributed more than $250.00 to the campaign of a councilmember who will consider the application, the individual shall file a campaign disclosure form as required by O.C.G.A. § 36-67A-3(c) within five (5) days prior to the first hearing by t he local government or any of its agencies on the rezoning application. (d) Unfinished Business Comments - Each side must have the opportunity to speak at least ten (10) minutes to discuss their position or offer comments. (e) New Business Comments - Members of the public may speak for five minutes and may speak only once. State Law reference— Similar provisions, O.C.G.A. § 36-67A-3. (2) Public participation – Emails and Public Comment Cards. (a) Public Comment Cards – Must be turned into the City Clerk prior to the agenda item being called. An individual submitting written comments must be in attendance at the council meeting in order for the City Clerk to read said written comments into the record. Written comments shall be limited to the space provided on the public comment cards and no content submitted to the City Clerk shall be read into the record if it is not legibly written on the comment card. (b) Emails – Emails sent to the elected officials, City Manager, City Clerk or Department Directors which state a position on an agenda item will be handled as follows: the sender’s name, address and general position (i.e., in support or opposed to the agenda item) will be read by the City Clerk into the record during public comment for the respective agenda item. The substantive comments or narrative in the email will not be read into the record unless the author of the email is in attendance at the meeting (See, 2 -59(2)(a)). (3) Decorum. Members of the public shall not make defamatory or obscene comments at a city council meeting and are expected to comply with the rules of decorum that are established for councilmembers. Individuals violating any rules of the city council ma y be ruled out of order by the mayor or on a point of order made by a councilmember. A majority vote of the city council shall rule on the point of order. An individual violating the rules of decorum may be removed from the meeting at the direction of the mayor. Page 10 of 11 (4) Public hearings. The city council may schedule public hearings for the purpose of soliciting public comment on any subject of interest to the city council. Hearings may be held immediately prior to, during or following a meeting of the city co uncil or at such other places and times as the city council may determine. Hearings require at least ten minutes per side. These limits may be waived by a majority vote of the city council. No official action shall be taken at any such public hearing. Hearings on zoning decisions shall be governed in accordance with the zoning policies and procedures and require the opportunity for each side to have at least ten minutes to discuss their position or offer comments. State Law reference— Similar provisions, O.C.G.A. §§ 36-66-4 and 36-66-5. (5) Representation of civic associations, advocacy groups or homeowners' associations. The city council may allow public comment on either an agenda item or general public comment from a representative of such an organized group or association; provided, however, that such an individual shall file a notarized affidavit that they have the authority to speak on behalf of said organization on a form provided by the city clerk prior to the agenda item being called. (Ord. No. 06-11-02, § 1(20), 11-21-2006; Ord. No. 07-01-04, § 1(19), 1-18-2007; Ord. No. 07- 06-33, § 1(19), 6-21-2007; Ord. No. 08-09-23, § 19, 9-15-2008; Ord. No. 09-09-49, § 19, 9-9- 2009; Ord. No. 12-11-153, § 19, 11-19-2012) Sec. 2-60. - Meeting summary. A summary of the subjects acted upon in a meeting and the names of the councilmembers present at a meeting shall be written and made available to the public for inspection within two business days of the adjournment of the meeting. (Ord. No. 06-11-02, § 1(21), 11-21-2006; Ord. No. 07-01-04, § 1(20), 1-18-2007; Ord. No. 07- 06-33, § 1(20), 6-21-2007; Ord. No. 08-09-23, § 20, 9-15-2008; Ord. No. 09-09-49, § 20, 9-9- 2009; Ord. No. 12-11-153, § 20, 11-19-2012) State Law reference— Similar provision, O.C.G.A. § 56-14-1(e)(2). Sec. 2-61. - Minutes. The clerk of the city council shall promptly record the minutes for each city council meeting. The minutes shall specify the names of councilmembers present at the meeting, a description of each motion or other proposal made at the meeting, the name of the councilmember who proposed each motion, the name of the councilmember who seconded each motion, and a record of all votes (the name of each councilmember voting for or against a proposal shall be recorded). Minutes will be in summary form. Minutes for zoning agenda items will be verbatim. More detailed information may be included in the minutes at the request of the city council. The city council shall approve the minutes before they may be considered as an official record of the city council. The minutes shall be open for public inspection once approved as official by the city council but in no case later than immediately following the next regular meeting of the city council. A copy of the minutes from the previous meeting shall be distributed to the city council at least one business day before the following meeting. The minutes of the previous meeting shall be corrected, if necessary, and approved by the city council at the beginning of each meeting. A majority vote is r equired for approval. Conflicts regarding the content of the minutes shall be decided by a majority vote. Upon being approved, the minutes shall be signed by the mayor and attested to by the clerk of the city council. Page 11 of 11 (Ord. No. 06-11-02, § 1(22), 11-21-2006; Ord. No. 07-01-04, § 1(21), 1-18-2007; Ord. No. 07- 06-33, § 1(21), 6-21-2007; Ord. No. 08-09-23, § 21, 9-15-2008; Ord. No. 09-09-49, § 21, 9-9- 2009; Ord. No. 12-11-153, § 21, 11-19-2012) State Law reference— Similar provision, O.C.G.A. § 50-14-1(e)(2). Sec. 2-62. - Roberts Rules of Order. This document shall serve as the rules and procedures of the mayor and city council. In the absence of applicable rules and procedures which may from time to time be encountered during the public meetings, Roberts Rules of Order shall be followed. (Ord. No. 06-11-02, § 1(23), 11-21-2006; Ord. No. 07-01-04, § 1(22), 1-18-2007; Ord. No. 07- 06-33, § 1(22), 6-21-2007; Ord. No. 08-09-23, § 22, 9-15-2008; Ord. No. 09-09-49, § 22, 9-9- 2009; Ord. No. 12-11-153, § 22, 11-19-2012) Sec. 2-63. - Duration of council meetings. City council meetings shall not extend beyond 12:00 midnight, and in the event that business is not concluded prior to that time, the remaining agenda, unless otherwise extended by a majority vote of the council, or unless an emergency exists, shall be deferred to "unfinished business" on the next scheduled meeting agenda. (Ord. No. 08-1-01, § 4(23), 1-24-2008; Ord. No. 08-09-23, § 23, 9-15-2008; Ord. No. 09-09-49, § 23, 9-9-2009; Ord. No. 12-11-153, § 23, 11-19-2012) Editor's note— Section 23 of Ord. No. 09-09-49, adopted Sept. 9, 2009, changed the title of § 2-63 from "Duration of meetings" to "Duration of council meetings." Secs. 2-64—2-82. - Reserved. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO AMEND DIVISION 2 – MEETINGS OF THE CITY CODE OF THE CITY OF MILTON The Council of the City of Milton hereby ordains while in regular session on the 23rd day of April at 6:00 p.m.: SECTION 1. That Division 2 – Meetings, Sections 2.52, 2.53, 2.54, 2.57 and 2.59 are hereby amended, adopted and approved; and are attached hereto as set forth herein; and, SECTION 2. All other ordinances in conflict are repealed; and SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this 23rd day of April 2018. Approved: _________________________________ Joe Lockwood, Mayor Attest: ___________________________________ Sudie AM Gordon, City Clerk TO: FROM: MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 2, 2018 Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Barcelona Steakhouse and Grill LLC. 13075 Highway 9 North, Suite 120, Milton, Georgia 30004. MEETING DATE: Monday, April 9, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (-f-APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (�' O CITY ATTORNEY REVIEW REQUIRED: () YES () NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: q' �1 /9 0 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on February 23, 2018 for the April 9, 2018 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Barcelona Steakhouse and Grill LLC. 13075 Highway 9 North, Suite 120, Milton, Georgia 30004 _____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Barcelona Steakhouse and Grill LLC., for consumption on premise s 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: Barcelona Steakhouse and Grill LLC. Contact Name: Bruno Mendoza Business Address: 13075 Highway 9 North, Suite 120, Milton, Georgia 30004 Type of License: Consumption on Premise s – 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 TO: FROM: AGENDA ITEM: MEETING DATE MILTON'Ir ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: April 3, 2018 Steven Krokoff, City Manager Consideration of Subdivision Plat Approval - New Business Monday, April 9, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum ,-I APPROVAL BY CITY MANAGER: JV) APPROVED (J NOT APPROVE CITY ATTORNEY APPROVAL REQUIRED: () YES () NO CITY ATTORNEY REVIEW REQUIRED: () YES kNO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242,2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on April 3, 2018 for the April 9, 2018 Regular Council Meeting Agenda Item: Consideration of Subdivision Plat Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, Final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats New Business Plats Staff Memo Page 2 of 7 Name of Development / Location Action Comments / # lots Total Acres Density 1. Madison Hall Land Lot 379 Hickory Flat Road Final Plat 9 Lots 12.2 .73 Lots / Acre New Business Plats Staff Memo Page 3 of 7 New Business Plats Staff Memo Page 4 of 7 New Business Plats Staff Memo Page 5 of 7 New Business Plats Staff Memo Page 6 of 7 New Business Plats Staff Memo Page 7 of 7