HomeMy WebLinkAboutAgenda Packet - CC - 07/09/2018
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 should call
678.242.2500.
Joe Lockwood, Mayor
CITY COUNCIL
Peyton Jamison
Matt Kunz
Laura Bentley
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall
Monday, July 9, 2018 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Sarah LaDart
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. 18-194)
5) PUBLIC COMMENT (General)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 9, 2018
Page 2 of 3
6) CONSENT AGENDA
1. Approval of the Financial Statements and Investment Report for the
Period Ending May 2018.
(Agenda Item No. 18-195)
(Bernadette Harvill, Finance Director)
2. Approval of a Construction Services Agreement between the City of
Milton, Georgia and Superior Fence of Georgia, LLC for a City Hall Fence.
(Agenda Item No. 18-196)
(Carter Lucas, Assistant City Manager)
3. Approval of a Change Order #1 to the Professional Services Agreement
between the City of Milton and Barge Design Solutions, Inc., for an Update
to the City Wide Parks and Recreation Master Plan and the Master Plan for
Providence Park.
(Agenda Item No. 18-197)
(Jim Cregge, Parks and Recreation Director)
7) REPORTS AND PRESENTATIONS
1. Proclamation Recognizing MDA City of Milton Firefighter Appreciation.
(Mayor Joe Lockwood)
2. Discussion of the Capital Improvement Element (CIE) and the Draft
Transmittal Resolution.
(Michele McIntosh-Ross, Principal Planner and Bill Ross, Ross + Associates)
8) FIRST PRESENTATION
1. Consideration of an Ordinance to Revise the Alcohol Code to Allow
Sunday Sales by the Drink Between 11:00 A.M. and 12:30 P.M. Conditional
Upon Voter Approval, to Repeal Ordinances in Conflict, and Set an
Effective Date.
(Agenda Item No. 18-198)
(Ken Jarrard, City Attorney)
9) PUBLIC HEARING (None)
10) ZONING AGENDA (None)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 9, 2018
Page 3 of 3
11) UNFINISHED BUSINESS
1. Consideration of an Ordinance to Revise Noise Restrictions Impacting the
Use of Consumer Fireworks, to Repeal Ordinances in Conflict, and Set an
Effective Date.
(Agenda Item No. 18-190)
(First Presentation at June 18, 2018 Regular City Council Meeting)
(Rich Austin, Police Chief)
12) NEW BUSINESS
1. Consideration of a Resolution to Dissolve the Milton Cultural Arts
Committee (MCAC) and to Recognize the Work of Its Members
(Agenda Item No. 18-199)
(Sarah LaDart, Economic Development Manager)
13) MAYOR AND COUNCIL REPORTS
STAFF REPORTS
Department Updates
1. Public Works
2. Fire
3. Communications
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 18-200)
a
TO:
FROM:
AGENDA ITEM:
MEETING DATE:
LTONI�
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: June 27, 2018
Steven Krokoff, City Manager 9
Approval of the Financial Statements and Investment Report
for the Period Ending May 2018.
Monday, July 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: () YES (,ANO
CITY ATTORNEY REVIEW REQUIRED: () YES (^0
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: ('110" I lu'
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 June 15, 2018 for the July 9, 2018 Regular
Council Meeting
Agenda Item: Financial Statements for Period 8 – May 2018
Overview and Financial Highlights:
General Fund
Revenue collections for the General Fund are 3.90% over what is
anticipated for the eighth period of the fiscal year.
Total expenditures to-date are $14,944,141 and are 7.45% less than
expected for this period of the fiscal year.
Capital Project Fund
Expenditures within this fund continue to occur on a project-by-project
basis. With a total project expenditure budget of $10,986,357, capital
expenditures-to-date total $2,735,729.
Please note that beginning in January 2018 the financial statements for
capital related funds will now include current encumbrances. This will
provide a clear picture of future commitments of resources prior to an
actual payment being made.
1 of 15
City of Milton
STATEMENT OF REVENUES & EXPENDITURES
General Fund
For the Period Ending May 2018
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Property Tax 10,757,093 94,263 38,706 55,558 10,947,074 10,752,792 194,281
Motor Vehicle Tax 502,000 105,669 83,333 22,336 320,459 291,667 28,793
Intangible Tax 220,000 19,502 18,333 1,169 128,170 128,333 (164)
Real Estate Transfer Tax 95,000 8,915 7,917 998 51,361 55,417 (4,056)
Franchise Fees 1,972,840 166,714 - 166,714 1,210,307 1,123,793 86,514
Local Option Sales Tax 8,700,000 754,875 725,000 29,875 5,264,008 5,075,000 189,008
Alcohol Beverage Excise Tax 298,000 26,048 24,734 1,314 177,948 173,138 4,810
Business & Occupation Tax 675,000 17,263 - 17,263 761,565 675,000 86,565
Insurance Premium Tax 2,000,000 - - - - - -
Financial Institution Tax 43,387 - - - 43,387 43,387 -
Penalties & Interest 20,927 3,813 5,060 (1,247) 16,889 16,678 211
Alcohol Beverage Licenses 149,000 3,858 - 3,858 152,933 149,000 3,933
Other Non-Business Permits/Licenses 18,600 4,329 1,583 2,746 22,448 12,514 9,934
Zoning & Land Disturbance Permits 48,350 1,985 4,029 (2,044) 18,848 32,231 (13,383)
Building Permits 335,000 30,859 26,800 4,059 242,873 207,700 35,173
Intergovernmental Revenue - - - - - - -
Other Charges for Service 493,033 70,682 38,578 32,104 415,450 350,098 65,352
Municipal Court Fines 375,000 33,604 31,250 2,354 269,200 250,000 19,200
Interest Earnings 61,000 13,744 5,083 8,661 71,728 40,666 31,062
Contributions & Donations 12,959 - - - 19,048 12,959 6,089
Other Revenue 84,141 5,643 1,916 3,726 58,857 36,472 22,385
Other Financing Sources 326,636 - 1,250 (1,250) 298,796 294,636 4,160
Total Revenues 27,187,966 1,361,765 1,013,572 348,193 20,491,347 19,721,481 769,866
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Mayor and Council 168,869 8,169 11,082 (2,913) 93,199 110,028 (16,828)
City Clerk 353,535 10,707 17,140 (6,433) 182,046 283,812 (101,766)
City Manager 723,571 49,737 53,830 (4,094) 474,748 482,180 (7,432)
General Administration 60,374 3,535 4,230 (695) 36,757 43,654 (6,897)
Finance 512,668 26,591 33,875 (7,284) 331,508 372,590 (41,082)
Legal 275,000 - - - 176,083 160,417 15,667
Information Technology 804,167 61,783 59,556 2,227 547,315 561,712 (14,397)
Human Resources 333,864 26,735 24,178 2,557 194,989 227,941 (32,952)
Risk Management 258,600 23,505 21,541 1,964 171,594 172,331 (737)
General Government Buildings 197,970 14,890 16,188 (1,299) 101,083 133,138 (32,055)
Communications 198,926 9,754 15,329 (5,575) 91,735 133,452 (41,717)
Community Outreach & Engagement 119,746 8,344 8,962 (618) 78,213 83,855 (5,642)
Municipal Court 422,656 42,270 33,092 9,179 268,514 280,011 (11,496)
Police 4,751,019 322,115 360,301 (38,185) 2,973,924 3,239,209 (265,285)
Fire 6,954,455 473,280 548,380 (75,100) 4,516,939 4,782,089 (265,150)
Public Works 2,473,141 168,703 187,290 (18,587) 1,474,268 1,666,764 (192,496)
Parks & Recreation 1,397,613 64,680 76,628 (11,948) 859,420 995,950 (136,530)
Community Development 1,132,903 108,818 82,997 25,821 683,267 693,380 (10,112)
Economic Development 272,011 7,873 10,208 (2,336) 143,665 181,167 (37,503)
Debt Service - Capital Lease Payment 851,712 - - - 852,136 851,712 424
Operating Transfers to Other Funds 1,240,374 137,335 137,335 - 692,736 691,036 1,700
Operating Reserve 76,824 - - - - - -
Total expenditures 23,579,998 1,568,824 1,702,143 (133,321)14,944,141 16,146,426 (1,202,285)
Net Income/(Loss)3,607,968 (207,059)5,547,206
Fund Balance - Beginning 3,340,647 3,340,647
Fund Balance - Ending 6,948,615 8,887,853
Revenues Annual Budget
Current Month Year-to-Date
Operating Expenditures Annual Budget
Current Month Year-to-Date
2 of 15
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Summer Event Vendor Fee -$ 94$ 94$ 94$
Rock for Rescues Vendor Fee - - 300 300
Interest Revenues - 1 5 5
Crabapple Fest Sponsor 15,000 - - (15,000)
Earth Day Sponsor 1,000 - - (1,000)
Summer Event Sponsor 5,000 1,000 1,000 (4,000)
Mayor's Run Sponsor 1,000 - - (1,000)
Literary Festival Sponsor 500 - - (500)
Donations - - - -
Private Entity Contributions - - 6,100 6,100
Gas South Partnership - 89 1,380 1,380
Mayor's Run Reg. Fees - - - -
Holiday Card Sales 2,000 - - (2,000)
Literary Festival Food Sales - - 380 380
Literary Festival Book & Author Event - - 260 260
Total revenues 24,500$ 1,184$ 9,519$ (14,981)$
EXPENDITURES
Current:
Special Events 109,588$ 2,215$ 57,285$ 52,303$
Total Expenditures 109,588$ 2,215$ 57,285$ 52,303$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 17,450$ 1,454$ 11,633$ (5,817)$
Transfers in from Hotel/Motel Tax Fund 73,000 7,295$ 44,891 (28,109)
Total other financing sources and uses 90,450$ 8,749$ 56,524$ (33,926)$
Net change in fund balances 5,362$ 8,758$
Fund balances - beginning 28,708 28,708
Fund balances - ending 34,070$ 37,466$
City of Milton
Special Events Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2018
3 of 15
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Interest Revenue -$ -$ -$ -$ -$
Total revenues -$ -$ -$ -$ -$
EXPENDITURES
Current:
Economic Development -$ -$ -$ -$ -$
Total Expenditures -$ -$ -$ -$ -$
OTHER FINANCING SOURCES (USES)
Unallocated -$ -$ -$ -$ -$
Transfers in from General Fund 50,000 - - - -
Net change in fund balances (50,000)$ -$ -$
Fund balances - beginning - - -
Fund balances - ending (50,000)$ -$ -$
City of Milton
Economic Development Incentives Bank Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2018
4 of 15
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Cash Confiscations/State Funds -$ -$ -$ -$
Cash Confiscations/Fed Funds/US Marshal - 1,192 11,088 11,088
Interest Revenues/State Funds - 2 14 14
Interest Revenues/Federal Funds - 3 21 21
Realized Gain on Investments/State Funds - - - -
Budgeted Fund Balance - - - -
Total revenues -$ 1,196$ 11,123$ 11,123$
EXPENDITURES
Current:
Police -$ 8,918$ 25,787$ (25,787)$
Total Expenditures -$ 8,918$ 25,787$ (25,787)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ 1,700$ 1,700$
Total other financing sources and uses -$ -$ 1,700$ 1,700$
Net change in fund balances -$ (12,964)$
Fund balances - beginning 135,981 135,981
Fund balances - ending 135,981$ 123,018$
City of Milton
Confiscated Assets Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2018
5 of 15
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Wireless 911 Fees 930,000$ 30,671$ 485,160$ (444,840)$
Interest Revenue - - - -
Total revenues 930,000$ 30,671$ 485,160$ (444,840)$
EXPENDITURES
Current:
Public Safety 930,000$ -$ 295,900$ 634,100$
Total Expenditures 930,000$ -$ 295,900$ 634,100$
OTHER FINANCING SOURCES (USES)
Unallocated -$ -$ -$ -$
Transfers out to Capital Projects -$ -$ -$ -$
Net change in fund balances -$ 189,260$
Fund balances - beginning 0 0
Fund balances - ending 0$ 189,260$
City of Milton
E-911 Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2018
6 of 15
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
Firehouse Subs Grant - - 19,152 19,152 19,152
Interest Revenues - - 1 1 1
Total revenues -$ -$ 19,153$ 19,153$ 19,153$
EXPENDITURES
Current:
Police - - - - -
Fire - - 19,152 19,152 19,152
Parks & Recreation - - - - -
Total Expenditures -$ -$ 19,152$ 19,152$ 19,152$
Excess of revenues over expenditures - - 1 1 1
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$ -
Total other financing sources and uses -$ -$ -$ -$ -$
Net change in fund balances - 1 1
Fund balances - beginning - - -
Fund balances - ending -$ 1$ 1$
City of Milton
Operating Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2018
7 of 15
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Taxes
Hotel/Motel Taxes 73,000$ 7,295$ 44,891$ (28,109)$
Total revenues 73,000$ 7,295$ 44,891$ (28,109)$
OTHER FINANCING SOURCES (USES)
Transfers out to Special Events Fund 73,000 7,295 44,891 (28,109)
Total other financing sources and uses 73,000$ 7,295$ 44,891$ (28,109)$
Net change in fund balances -$ -$
Fund balances - beginning - -
Fund balances - ending -$ -$
City of Milton
Hotel/Motel Tax Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2018
8 of 15
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Charges for Service
Infrastructure Maintenance Fee 105,000$ 105,000$ 7,856$ 58,079$ 58,079$ (46,921)$
Infrastructure Maint Penalty & Interest - - - - - -
Sidewalk Replacement Account - - - - - -
Paving Fund - - - - - -
Traffic Calming - - - 2,000 2,000 2,000
Tree Recompense - - 500 1,000 1,000 1,000
Landfill Host Fees 130,000 130,000 - 57,208 57,208 (72,792)
HYA Fees - - - - -
Interest Revenue - - 16 378 378 378
Realized Gain or Loss on Investments - - - - - -
Cell Tower Lease 77,400 77,400 6,617 47,957 47,957 (29,443)
Insurance Proceeds/Public Safety - - - - - -
Insurance Proceeds/Parks & Rec - - - - - -
Insurance Proceeds/Public Works - - - - - -
Atlanta HIDTA Stipend - - - - - -
Capital Lease Proceeds - - - - - -
Total revenues 312,400$ 312,400 14,989$ 166,622$ 166,622$ (145,778)$
EXPENDITURES
Capital Outlay
City Council 841,348$ 913,348$ -$ 29,140$ 29,292$ 884,057$
General Admin 27,762 13,762 - - - 13,762
General Govt Bldg 2,351,074 724,771 8,459 45,660 441,092 283,679
Finance - - - - - -
IT 49,662 49,662 - 11,239 49,663 (0)
Court - - - - - -
Police 187,283 37,283 - 29,494 29,494 7,789
Fire 1,324,882 946,874 3,769 212,274 853,193 93,681
Public Works 6,912,477 5,670,959 295,150 1,550,355 2,107,257 3,563,702
Parks & Recreation 3,888,606 1,864,712 1,329 695,869 879,784 984,927
Community Development 782,148 764,986 3,209 161,698 358,561 406,425
Total Capital Outlay 16,365,243$ 10,986,357$ 311,916$ 2,735,729$ 4,748,335$ 6,238,022$
Excess of revenues over expenditures (16,052,843)$ (10,673,957) (296,927)$ (2,569,107)$ (4,581,713)$ (6,383,800)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 9,249,656$ 1,194,174$ 132,686.00$ 663,430.00$ 663,430.00$ (530,744)$
Transfers in from Capital Grant Fund - 838 - 838 838 -
Transfer out to General Fund - (272,636) - (272,636) (272,636) -
Transfer out to Impact Fee Fund - (1,752,155) - (1,752,155) (1,752,155) -
Total other financing sources and uses 9,249,656$ (829,779) 132,686$ (1,360,523)$ (1,360,523)$ (530,744)$
Net change in fund balances (6,803,187)$ (11,503,736) (3,929,630)$ (5,942,236)$
Fund balances - beginning 11,520,372 11,520,372 11,520,372 11,520,372
Fund balances - ending 4,717,185$ 16,636$ 7,590,743$ 5,578,136$
City of Milton
Capital Project Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2018
9 of 15
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Real Property Tax-Current Year 731,992$ 731,992$ 3,289$ 721,159$ 721,159$ (10,833)$
Personal Property Tax-Current Year - - 6 13,563 13,563 13,563
Public Utility Tax-Current Year - - 2,935 5,836 5,836 5,836
Penalties & Interest - Real Property - - 2,268 6,436 6,436 6,436
Penalties & Interest - Personal Property - - 1 12 12 12
Intergovernmental Revenues - - - - - -
Interest Revenue (Regions)120,000 120,000 25,399 181,176 181,176 61,176
Interest Revenue (SunTrust)- - 0 0 0 0
Bond Proceeds - - - - - -
Total revenues 851,992$ 851,992$ 33,898$ 928,182$ 928,182$ 76,190$
EXPENDITURES
Capital Outlay
Parks & Recreation 25,172,767$ 24,816,445$ -$ 4,521,836$ 4,571,836$ 20,244,609$
Fiscal Agent's Fees (95,541) (0) - - - (0)
Issuance Costs (260,781) (0) - - - (0)
Bond Principal - - - - - -
Bond Interest 731,992 731,992 - 731,991 731,991 1
Total Capital Outlay 25,548,437$ 25,548,437$ -$ 5,253,828$ 5,303,828$ 20,294,609$
Excess of revenues over expenditures (24,696,445)$ (24,696,445)$ 33,898$ (4,325,646)$ (4,375,646)$ 20,370,799$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$ -$ -$
Transfers out to General Fund - - - - - -
Revenue Bond Proceeds - - - - - -
Total other financing sources and uses -$ -$ -$ -$ -$ -$
Net change in fund balances (24,696,445)$ (24,696,445) (4,325,646)$ (4,375,646)$
Fund balances - beginning 25,067,864 25,067,864 25,067,864 25,067,864
Fund balances - ending 371,419$ 371,419$ 20,742,218$ 20,692,218$
City of Milton
Greenspace Bond Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2018
10 of 15
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Transportation Local Option Sales Tax 6,185,000$ 546,178$ 3,648,421$ 3,648,421$ (2,536,579)
Interest Revenues 202 1,128 1,128 1,128
Total revenues 6,185,000$ 546,380$ 3,649,549$ 3,649,549$ (2,535,451)$
EXPENDITURES
Capital Outlay
Public Works 6,299,071$ 38,052$ 231,063$ 459,249$ 5,839,822
Total Capital Outlay 6,299,071$ 38,052$ 231,063$ 459,249$ 5,839,822$
Excess of revenues over expenditures (114,071)$ 508,328$ 3,418,486$ 3,190,300$ 9,489,371$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$ -$
Transfers out to General Fund - - - - -
Total other financing sources and uses - - - - -
Net change in fund balances (114,071)$ 3,418,486$ 3,190,300$
Fund balances - beginning 2,960,061 2,960,061 2,960,061
Fund balances - ending 2,845,990$ 6,378,547$ 6,150,361$
City of Milton
Transportation Local Option Sales Tax (TSPLOST) Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2018
11 of 15
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
GDOT Crabapple Streetscape 500,000$ 500,000$ 118,762$ 337,650$ 337,650$ (162,350)$
GDOT TAP (Big Creek Greenway)- - - - - -
CDBG - - - - - -
LMIG Funds 397,791 397,791 - 397,791 397,791 (0)
GDOT HPP Funds 3,688,483 3,688,483 - - - (3,688,483)
MARTA Grant - - - - - -
SR 9 @ Bethany Bend Grant - - - - - -
GDOT-Signage/Landscaping 4,062 - - - - -
Trail Connection to Big Creek Greenway - - - - - -
Interest Revenues - 190 9 122 122 (68)
Total revenues 4,590,336$ 4,586,464$ 118,771$ 735,563$ 735,563$ (3,850,900)$
EXPENDITURES
Capital Outlay
Public Works 5,714,911$ 5,414,911$ 5,852$ 1,256,206$ 1,351,577$ 4,063,334$
Community Development 4,900 - - - - -
Total Capital Outlay 5,719,811$ 5,414,911$ 5,852$ 1,256,206$ 1,351,577$ 4,063,334$
Excess of revenues over expenditures (1,129,475)$ (828,447) 112,920$ (520,642)$ (616,014)$ 212,433$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 328,750$ 28,750$ 3,194$ 15,972$ 15,972$ (12,778)$
Transfer Out to Capital Projects Fund - (838) - (838) (838) -
Budgeted Fund Balance - - - - - -$
Total other financing sources and uses 328,750$ 27,912$ 3,194$ 15,134$ 15,134$ (12,778)$
Net change in fund balances (800,725)$ (800,535)$ (505,508)$ (600,880)$
Fund balances - beginning 800,535 800,535 800,535 800,535
Fund balances - ending (190)$ 0$ 295,028$ 199,656$
City of Milton
Capital Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2018
12 of 15
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Admin Fund 43,500$ 27,000$ 5,197$ 21,820$ (5,180)$
Law Enforcement Fund 23,000 13,000 2,182 10,101 (2,899)
Fire Fund 130,500 72,500 12,502 57,878 (14,622)
Road Fund 323,000 167,000 15,602 99,977 (67,023)
Park Fund 976,000 650,000 142,947 559,359 (90,641)
Interest Revenues/Admin Fund - - 2 5 5
Interest Revenues/Law Enforcement Fund - - 1 2 2
Interest Revenues/Fire Fund - - 4 13 13
Interest Revenues/Road Fund - - 5 22 22
Interest Revenues/Park Fund - - 47 129 129
Total revenues 1,496,000$ 929,500$ 178,489$ 749,305$ (180,195)$
EXPENDITURES
Admin -$ 44,967$ -$ -$ 44,967$
Police - - - - -
Fire - 165,426 - - 165,426
Public Works - 341,203 - - 341,203
Parks & Recreation - 2,103,059 2,746 672,447 1,430,612
Total Capital Outlay -$ 2,654,654$ 2,746$ 672,447$ 1,982,207$
Excess of revenues over expenditures 1,496,000$ (1,725,154) 175,743$ 76,858$ 1,802,012$
OTHER FINANCING SOURCES (USES)
Transfers in from Capital Projects Fund -$ 1,752,155$ -$ 1,752,155$ -$
Transfer Out to General Fund/Admin (43,500) (27,000) - - 27,000
Transfer Out to Capital Projects Fund/Law Enf (23,000) - - - -
Transfer Out to Capital Projects Fund/Fire (130,500) - - - -
Transfer Out to Capital Projects Fund/Road (323,000) - - - -
Transfer Out to Capital Projects Fund/Park (976,000) - -
Total other financing sources and uses (1,496,000)$ 1,725,154$ -$ 1,752,155$ 27,000$
Net change in fund balances -$ 0 1,829,013$
Fund balances - beginning (0) (0) (0)
Fund balances - ending (0)$ 0$ 1,829,013$
City of Milton
Capital Projects Fund - Impact Fees
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2018
13 of 15
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues -$ -$ -$ -$
Interest Revenues - - -
Contributions & Donations - - - - -
Total revenues -$ -$ -$ -$ -$
EXPENDITURES
Capital Outlay
General Government Buildings -$ 15,000,000$ -$ -$ 15,000,000$
Fire - 2,000,000 - - 2,000,000
Bond Principal - - - - -
Bond Interest - - - - -
Total Capital Outlay -$ 17,000,000$ -$ -$ 17,000,000$
Excess of revenues over expenditures -$ (17,000,000)$ -$ -$ 17,000,000$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$ -$
Transfers out to General Fund - - - - -
Revenue Bond Proceeds - 17,000,000 - - (17,000,000)
Total other financing sources and uses -$ 17,000,000$ -$ -$ (17,000,000)$
Net change in fund balances -$ - -$
Fund balances - beginning 0 0 0
Fund balances - ending 0$ 0$ 0$
City of Milton
Capital Projects Fund - Revenue Bond
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended May 31, 2018
14 of 15
Amount Percent Yield
Money Market - Quantum Bank 7,143,369 58%1.26%
Money Market - EastWest Bank 4,880,985 39%1.34%
GA Fund 1 333,076 3%1.72%
Grand Total Investment Portfolio 12,357,429 100%
Current
Month YTD
Interest earned 13,559 70,551
Budgeted interest 5,000 40,000
Variance over/(under)8,559 30,551
Month Ending May 31, 2018
Investment Portfolio
City of Milton
15 of 15
M1LT0t\z''1114*
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: June 29, 2018
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Construction Services Agreement between the
City of Milton, Georgia and Superior Fence of Georgia, LLC
for a City Hall Fence.
MEETING DATE: Monday, July 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: (OES () NO
CITY ATTORNEY REVIEW REQUIRED: (.U'S'ES () NO
APPROVAL BY CITY ATTORNEY: (,APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: c, 71 cg I" "'-
2006
�
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: Dennis Miller, Facilities Manger
Date: Submitted on June 29, 2018 for the July 9,2018 Regular City Council
Meeting
Agenda Item: Approval of a Construction Services Agreement between the City
of Milton, Georgia and Superior Fence of Georgia, LLC for a City
Hall Fence.
_____________________________________________________________________________________
Project Description: Install perimeter fencing on south property line. Fence to be six foot
high, black, four rail aluminum to match existing fence along western property line.
Procurement Summary:
Purchasing method used: 3 Written Quotes ($5,000-$49,999)
Account Number: 300-1565-541200001
Requisition Total: $4,473.00
Vendor DBA: Superior Fence of Georgia, Inc.
Other quotes or bids submitted (vendor/$):
Vendor/Firm Quote/Bid
Marietta Fence $5028.00
Mauldin & Cook Fence $4902.80
Financial Review: Bernadette Harvill, June 29, 2018
Legal Review: Sam VanVolkenburgh, June 15, 2018
Attachment(s): Superior Fence Submittal
M 13
LTON*t
MARUSIUD IMM
CONSTRUCTION SERVICES AGREEMENT — SHORT FORM
AGREEMENTS S 10,000.00 OR LESS
CITY HALL FENCE
This Construction Services Agreement (the "Agreement") is made and entered into this day of , 2018 (the
"Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia,
acting by and through its governing authority, the Mayor and Milton City Council, located at 2006 Heritage Walk
(hereinafter referred to as the "City"), and SUPERIOR FENCE OF GEORGIA, LLC, a domestic limited liability
company, having its principal place of business at 13964 Cumming Hwy, Cumming, GA 30040 (hereinafter referred to as
the "Contractor"), collectively referred to herein as the "Parties".
WITNESSETH THAT:
WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and
WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work. (defined below)
and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below).
NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and
agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged,
the Parties hereto do mutually agree as follows:
Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as
expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents:
A. Scope of Work, attached hereto as "Exhibit A";
B. Insurance Certificate, attached hereto as "Exhibit B";
C. Contractor Affidavit, attached hereto as "Exhibit C";
D. Subcontractor Affidavit, attached hereto as "Exhibit D"; and
E. City of Milton Code of Ethics (codified in the official Code of the City of Milton).
In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the
City, as determined by the City in its sole discretion, shall govern.
Section 2. The Work: A general description of the Project is as follows: Install one hundred and seventy-two
(172) feet of six (6) foot in height, four (4) rail metal fence, black in color, along property lines "A" and "B" as
indicated in "Exhibit A". The six (6) foot fence will tie in to an existing six (6) foot fence at one end and end at
approximately thirty-two feet west of the southeastern most property corner of the City of Milton City Hall campus
(the "Project"). The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the
work described in the Scope of Work provided in "Exhibit A", attached hereto and incorporated herein by reference. The
Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities,
services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term
"reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper
execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of
Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise
necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict
accordance with the Contract Documents.
C ern-,truction Services Agreement I Version 1.0
Section I Contract Term-, Termination: Contractor.understands that time is of the essence of this Agreement and
warrants and represents that it vvill perform the Work in a prompt and timely manner, which. shall not impose delays on the
progress of the Nkork. Contractor shall continence Work pursuant to this Agreement on or before the start date to be
specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within twenty- rive (25)
business days of the start date specified in the. "Notice to Proceed". The City may terminate this Agreement for
convenience :at any time upon providing written notice thereof to Contractor.. Provided.tbat.no damages are due.to the City
for Contractor's .breach of this Agreement, the City .shall pay Contractor for Work performed to date. in accordance with
Section 5 herein.
Section 4. Work.Changes: Any changes to the Work requiring an increase in the Contract Price (defined below) shall
require a written. change order executed by the City in accordance vvith. its purchasing. regulations.
Section. S: Compensation and Method of Pa-Nment: The total amount paid under this Agreement as coMpensation
for Work performed and reimbursement for costs incurred shah not, in any case, exceed $4,473.00 ("Contract Price"),
except as outlined in Section 4 above. The compensation for Work performed shall be based upon a Flat Fee and Contractor
represents that the Contract Price is sufficient..to perform all of the Work set .forth. in and contemplated by this Agreement.
Contractor shall take no calculated risk in the performance of the Work, Specifically, Contractor agrees that in the event it.
cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's
industry, Contractor will give written notice thereof inunediatehy to the City.
City agrees to pay Contractor for the. Work performed and. costs incurred .by Contractor upon. the City' S. Certification that
the Work -was actually performed and costs actually incurred in accordance with this Agreement, No.payments will be.
made for unauthorized work Compensation. for Work perfonnned.and, if applicable,. reimbursement for costs.incurred shall
be para to Contractor upon the Qty's and. approval of invoices setting forth in detail the. Wort; performed and costs
incurred, along with. all. supporting documents required by the Contract. Documents or requested by the City to process the
invoice. Invoices shall..be subimitted on a monthly basis; and such invoices shall. reflect costs incutTed versus costs.budgeted.
Each invoice shall be accompanied -by an Interim Waiver and Release upon Payment (or a VVaiver and Release upon Final
Payment, as appropriate) procured by the Contractor from all subcontractors in accordance With D,C.G.A. § 44-14366.
Section 6. Covenants of Contractor:
A. Ethics_ Code, Conflict of Interest. Contractor agrees that:it shall not engage in any activity or conduct that would
result in a violation of the City of Milton Code of Ethics or any .other similar law .or regulation. Contractor certifies that to
the best of its knowledge .no circumstances exist which.. will cause a. conflict of interest :in performing. the.. services required. by
this Agreement. Contractor and the City acknowledge that it prohibited for any person to offer,. give, or agree to give any
City employee or official, or for any City employee -or official to solicit, demand, accept, or agree to accept from another person,
a gratuity of more than notional value or rebate or an offer of employmentin connection with any decision, approval,
disapproval, recommendation, or preparation of any part tufa 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,: detemunation; claim or contro�versy,.;or other particular matter,pertaining to
any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City
further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made. by or on behalf of a sub -
consultant under a contract. to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an
inducement for the award of a.subcontract or order.
B. Expertise of Contracts,r� _Citx s Reliance on the Work The Contractor acknowledges and agrees that.the City docs
not undertake to approve or pass upon. matters of expertise of the Contractor and that, therefore; .the City Bears no
responsibility for Contractor's Work performed under this Agreement. The. City will not, and need not; inquire into
adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledgE sand agrees that the
acceptance or approval of any Work by the City is limited to the function of determining whether there has been compliance
with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for
adequacy, fitness, suitability, and.coxrrectness of Contractor's Work under professional and industry standards.
C. Contractor's Reliance on Submissions by. the Cid. Contractor must have timely information. and -input 6om the
City in order to perform the Work: required under this Agreement. Contractor is entitled to rely upon. information provided.
by the City, but Contractor shall be required to provide immediate written. notice to the City if Contractor knows or
reasonably should:know that any information provided by the City is erroneous, inconsistent, or otberwise.problematic:
D. Contractor's RpRia sentative; Meetings. Robert Seappatiecio shall :be authorized to act on Contractor's behalfNvith
respect to the. Work. as Contractor's designated representative. Contractor shall meet with City's personnel or designated
representatives to xesolve technical or contractual problems that may occur diking the terra of this Agreement at .no
additional cost to City.
E. Independent Contractor. Contractor hereby covenants and declares that it is engaged in.. an independent business
and.agrees. to perform the Work as an independent contractor. The Contractor agrees to he solely responsible far its: own
matters relating to the time and place the Work is performed and the method used to perform such Work, the
instrumentalities, tools, supplies, and,'or materials necessary to complete the Work; hiring and payment of subcontractors,
agents, or employees to complete the Work, including compliance .with Social Security, withholding, and. all other
regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise
a measure of control over such. serv=ices Will be deemed to mean that Contractor shall follow the directions of the City with
regard to the results of such services only. Inasmuch as the City and the Contractor are .independent of each other, neither
has the authority to bind the other to any third person or otherwise to act inany way as floe representative ofthe other, artless
otherwise expressly agreed.to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the
City's agent for anypurpose to any panty or to allow any employe..e of .the Contractor to do so, unless specifically authorized,
in advance and in writing, to do so, and then:only for the limited purpose stated in such authorization. The Contractor shall
assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express
knowledge and prior written consent of the City
F. Resnonsiblity_of Contractor and Indemnification of City. Contractor covenants.and agrees to .take and assume all
responsibility for the Work rendered in connection with this Agreement. Contractorshall bear all losses and::damages
directly or indircctly. resulting to it andlor the City on account of the performance or character ofthe Rork rendered pursuant
to this Agreement. Contractor shall defend, indemnify, and hold. harmless the City and the City's elected and appointed
officials officers, boards,. commissions, employees, representatives,consultants, servants, agents, attorneys and volunteers
(individually an "ludemni.fied.Party" and. collectively "indenutified Parties") from :and. against any and all claims, suits,
actions, judgements, injuries., damages, losses, costs, expenses and liability of any kind whatsoever, .including, but not limited
to,. attorney's fees. and costs of defense ("Liabilities"), which may arise from or be the result of.a: willful, negligent; or
tortious act or om.issi.on. arising out of the Work, performance of contracted services, or operations by the Contractor, any
subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the
Contractor or subcontractor may be liable, regardless of whether or notthe negligent act or omission is caused in part by a
party.indemnified hereunder. This indemnity obligation does not:include Liabilities caused by or resulting from the.: sole
negligence of an Indemnified"Party- Such obligation shall not be construed to negate, abridge,or otherwise reduce .any
other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision
This obligation to indemnify, defend, and hold harmless. the Indemnified Parry(ies) shall survive expiration or termination
of this Agreement, provided that. the claimsare based upon. or arise out of actions or omissions that occurred during the
performance of this Agreement.
G. Insurance. Contractor shall have: and maintain in full force and effect for the duration of this Agreement, insurance
of the. types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by
reference. Contractor shall also ensure that any subcontractors. are covered by .insurance policies meeting the requirements
specified Herein and provide proof of such .coverage. As it relates to any general liability, automobile liability or umbrella.
policies., and except where .such requirement is specifically waived in writing. by the City, .Contractor shall ensure that its
insurer waives all .rights of subrogation against the City for losses arising from Contractor's Work and that the City and. its
officials, employees or agents are named as additional insureds.
H. Assigninent of Aggeement. The Contractor Covenants and agrees not to. assign or transfer any interest in,: nor
delegate. any duties of, this Agreement, without the prior. express written consent of the City,
`°en
L Employment of Unauthorized Aliens Prohibited —E-Verift,Afdavit. Pursuant.to O.C.G.A..§ 13-10-91, the City
shall not enter into a contract for The physical performance of services artless:.
(1) the Contractor shall provide evidence on City -provided. forms, attached .hereto as "Exhibits "C" and "D"
(affidavits to be sworn. under oath. under criminal penalty of false swearing pursuant to O_C.G.A. §16-10-71), that
it and its subcontractors havexegistered 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. § 13.1.0-91,. and that they will continue to use the federal work.
authorizationprogram throughout the contract period, or
(2) the Contractor provides evidence that it. is. not required to provide an affidavit because it is an individual licensed
pursuant to Title 26 or Title 43 or by the: State Bar of Georgia and is in. good standing.
The Contractor hereby verifies that it has,. prior to executing this Agreement, executed a notarized affidavit, the form of
which is provided in "Exhibit C",.and. subrnitted such affidavit to City or provided the City with evidence.that it not
required to provide such an affidavit because itis -an individual licensed and in good standing as noted in subsection (2)
above. Further, Contractor hereby agrees to comply with the .requirements of the federal hninigration Reform and Control
Act of 1996 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91. and Georgia Department of Labor Rule 364-10-1-r02.
In the event the Contractor contracts with any subcontractors) in. connection with the covered contract, the Contractor
agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O:C.G.A. § 13-10-91 and
Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as
"E.xliibit D", which subcontractor affidavit shall become part of the contractor'subcontiactor :agreement, or evidence that
the subcontractor .is not required to provide..such an affidavit bec=w it. is ..licensed and in goodstanding as noted in
subsection. (2) above. If a. subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City
within. fire (5) business. days. of receipt. The Contractor and. Conix-actor's subcontractors shall :retain till .docuinents and
records of their respective: verification process for a period of five .(5) years following completion of the contract.
Contractor agrees that the employee -number category designated below is applicable to the Contractor. [luforrnation only
required if a contractor affidavit is required pursuant to O C..G.A..§ 13-10-9L]
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=1.0-91, the
Contractor- will secure from the subcontractors) such subcontractor(s) indication of the above employee -number category
that.is applicable to the subcontractor. The above requirements shall be. in addition to the requirements of State and .federal
law, and shall be construed to be in..conformity with those laws.
J. Confidentiality: Contractor acknowledges. that it.may receive confidential.iinforrnation of the City and that it will
protect the conf dentiality of any such confidential informationand will require -any of its subcontractors, contractors, and/or
staff to likewise protect such. confidential information.
.K. Licenses. Certifications and Permits. Contractor covenants and declares tbat it has obtained. and will maintain all
diplomas, certificates, licenses; permits, or the like required of the Contractor by any and all national, state,xegional, county
or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work. The.Contractor
shall secure and pay for the building permit and other. permits and governmental.fees, licenses and inspections necessary or
customarily secured for proper execution and completion of the Work.
L. Authority to -Contract. The individual executing this Agreement on behalf of Contractor covenants and declares.
that it has obtained all necessary approvals .of its board of directors, stockholders, general. partners, limited partners, .or
similar authorities to simultaneously execute and bind .Contractor to the terms of this Agreement, if applicable.
M. Ownership of Work. All reports, designs, drawings, plans, specifications,. schedules, work product, and other
materials; .including those in electronic form, prepared or inthe process of being prepared for the Work: ("Materials") shall
t i` -
?Ii . ,...:iii? w 4 r ?a".ti :`�t ..s .:.;:u 'i; T .``•. i
be the property of the City, and the City shalt be entitledto fill access artd.eopies of all such Materials in the .form prescribed
by..the City. Any and -all copyrightable subject matter in all.Materials is hereby assigned to. the: City, and the Contractor
agrees to execute any additional documents that may be necessary to evidence such assignment..
N. Nondiscrimination. In accordance,% th Title VI of the .Civil Rights Act of 1964, as amended, 42 U.S.C- § 2000d;
section 303 of the Age Discriiriinatiou Act of:.1975, as: amended, 42 U.S.C. 5 6.102, section. 202 of the Americans with
U
Disabilities .Act of 1990, 42 .S.C1 § 12132, and all other provisions of Federal. law, the Contractor agrees .that, during
performance of this Agreement, Contractor, for itself, its assignees and.successoas.in interest, will not discriminate against
any:employce. or applicant for cmployment,.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 iii every subcontract -for services.contemplated under this Agreement.
Section 7. Final Project Documents• Warranty: Prior to final payment, Contractor shall deliver to City copies of
any, as -built drawings; operations, and maintenance manuals; and any other pertinent documents relating to the construction
and operation of the N'4 ork that is not otherwise in the possession of the City. Contractor shalt repair or replace all defects
in materials, equipment, or workmanship :appearing wA itlrin one (1) year from the date of completion at no additionaf.cost.to
the City.
Section 8. Miscellaneous:
A. Com lete A eetnent;.Counterparts, Third Party Rights, This Agreement, including all of the Contract Documents,
constitutes the completeagreement between the Parties and supersedes any and all other agreements, either oral or in writing,
between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number
of counterparts; each of which shall be deemed to be an original, but all.of which together shall constitute one and the same
instrument. This Agreement shall be exclusively for the benefit of the Parties and small not.: provide any third partics witb
any remedy, claim, liability, .reimbursement,..cause. of action or other right.
a Go�� Lace;_ Business License; Proper Execution.. This Agreement shall be governed by and construed in
accordance with the laws of the Statc of Georgia without regard to choice of law principles. Any action. -or suit relaters to
this.Agreernent 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, arid. Contractor submits tothe jurisdiction and venue of such court. During the Terns,
of this. Agreement, Contractor shall maintain a Businesslicense vtrith the City, unless Contractor provides evidence that no
such license is required. Contractor agrees that..it will perform its services..in accordance with: the: usual and customary
standards of the Coutractoir':s profession or business and in compliance with all applicable federal, state, arid, local laws,
regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § .50-5-63, any
applicablerecords retention requireinon.ts, and Georgia's Dpen Records. Act (O.C:G.A. §' 50-18-70; et seq.).
C: Notices. All. notices, requests, demands, writings, or correspondence, as required by this Agreement,. spall be in
writing and shall be deemed received, and shall be effective, when. (1) personally delivered, or (2) .on the third .calendar day
after the.postmarlc date when mailed. bycerfified snail, postage prepaid, return receipt requested,. or (3).upon .actual delivery
when :sent via. national overnight commercial carrier to the Party at the addresses first given above or at a substitute address
previously furnished to the other Party by written notice in accordance herewith.
U. Waiver: So-ereign Immunity. No express or implied -waiver shall. affect any terra or conditionother than the .one
specified in such waiver. and that one only to the extent specifically stated.. Nothing contained iii this Agreement shall be
construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official. immunities.
E. A reernent Construction and Inte retation, Invalidity of Provisions, Severabilily. Contractor represents that it has
reviewed and becoine.famihar with the Contract Documents, the nature and extent of the Work., work site(s), locality,.and
all .local. conditions, laws and Tqg lations that in any manner may affect cost; progress, performance, or furnisliing of the
'York. Contractor represents that it has given .the. City written notice of all conflicts, errors, or discrepancies that the
Contractor has discovered.in the Contluct.Documents, and thc: written resolution thereof by the City is acceptable to the
Contractor. The. Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to
i,ennn "..,t .. s -. �. f. x�i :s .r?p .F,s y r 4t.~.l
be construed as if the Patties had drafted it jointly, as opposed to being construed against a Party because it was responsible
for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit
modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is
absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any
article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of
competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement
shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion
hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement
without including any such part, parts, or portions that may for any reason be hereafter declared invalid.
IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective
Date first above written.
CITY OF MILTON, GEORGIA
Signature:
Joe Lockwood, Mayor
[CITY SEAL]
Attest:
By.
Its: City Clerk
Approved as to form:
CONTRACTOR: Superior Fence of Gear is LLC
By: -
Its: [CIRCLE ONE]
Member/Manager (LLC}
[CORPORATE SEAL]
(required if corporation)
AttestlWitness:
By:Y)S
Its: gMc-y,
((Assistant) Corporate Secretary if c ion)
City Attorney
Construction Services ,At,reerncnt J Version 1.0
i6EYHIBIT A"
of signed wpy from Buyee, this Proposa:, when ac�;epsed by Superior Fence bfnea a Cergrad pehrean the two parties.
mrW
L�
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`EXHIBIT B"
CERTIFICATE OF LIABILITY INSURANCE
FDATE(MG,rooMml
0612112018
THIS, CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
.CERTIFICATE DOES NO.T AFFIRMATIVELY CR NEGATIVELY AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW THIS CERTIFICATE OF INSURANCE. DOES NOT CONSTITUTE A CONTRACT BETWEEN THE. ISSUING INSURERS), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE )HOLDER.
IMPORTANT: If the cwtificate holder ]San ADDITIONAL INSURED, the policy(iesj must.have.ADDITIONAL INSURED provisions or be endorsed:
If SUBROGATION IS WAIVED, subjeetto the terms and conditions: of the policy,. certain pollcles may require an endorsement. A statement.on
this certificate does riot Confer rights to the certificate holder..In lieu of such: endorsement(s).
PRODUCERAME:
A T Sandra. Miller
N
5T'ARR-MATHEWSAGENCY
PHONE(770).386-0468 Arx Nn: (770) 388-3.164
a Ext
No,
P 0_ BOX.: 1990.
E -MAIL s: smiller(3starrmathews.com
ADDINSURER(S)AFFORDING
COVERAGE NAIC 8
Cartersville GA 30120
INSURERA: Southern ins Co of VA 28867
INSURED
INSURER B; FFVA Mutual IRsumnee Co. 14385
Superior Fence of Georgia. LLC.
INSURERC :
13954 Cumming Hwy
INSURER D:
INSURER E.:.
Cumming GA 30040
INSURER r.,.
r nvF12Gr:FS. r:FRTIFIr.ATF Mf1II1fRFR• LUlti-lU RFVi CInM Id IFAQ= p -
THIS IS. TO CERTIFY THAT THE POLICIES OF INSURANCE.LISTED BELOW HAVE BEEN ISSUED:TO THE.[NSU RED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTVOTHSTANDINGANY REQUIREMENT; TERM OR CONDITION OFANY CONTRACTOR OTHER DO CUM ENT. WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I$ SUBJECT TO. ALL THE TERMS,
EXCLUSION5AND CCNQITI0NS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR
TYPE OF INSURANCE,
AUULhUdHj
INSD
WVD
POLICYNUMBER
MM1OD11'YYY
POLICY EXP
wmipq=
LIMITS
X COMMERCIAL GENERALLI.ABILITY
EACH OCCURRENCE. $ 1,000,000
CLAIMS -MADE 5� OCCURpREMISE5
Ea occurrertca $ 500'000
MED EXP (An one rscn) $ 10'000
PERSONAL'&ADV INJURY $ 1,000;000
A
Y
Y.
CPS8847596
03ID412018
..
03!041201.9
GEN'LAGGREGATE:LIMITAPPLIES PER:
G ENERAL AGGREGATE $ 21060;000
POLICY ^.PRO- JECT LOC
PRODUCTS -COMPIOPAGG $ 2,000000
$
OTHER:
AUTOMOBILE
LIAMLITY
.
COMBINED SINGLE LIMIT $ 1,060,600
Ea accident
60DILY INJURY (Per person). $
ANYAUTO
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SCHEQULED
AUTOS ONLY AUTOS
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CAS8847596
031D412018
03/04/2619
.
BODILY INJURY(Per aocident) $
PR0PER7Y 11AMAGE $.
PeIx r�Cldert
HIRED V NON -OWNED
AUTOS ONLY /� AUTCSONLY
UMBRELLALIAB
OCCUR
EACH OCCURRENCE S 1,606,000
AGGREGATE s 1.000,000
AEXCESS
LIA8
.CLAIMS -MADE
CXS8847696
0316412018:
03/0412019
pANb
DEB RETENTION S 0
s
B
KERS COMPENSATION
EMPLOYERS'LIABfLITYPROPRIETORIPARTNEWEXECUTIVE Y!N
CERWEMBER EXCLUDE �
jMandatory. In N H)
NIA
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.WC840-0025810-2616A
021021201.8.
02/02/2019
X STATUTE ERH
E.L EACHACCIBENT t 1,000,000
E.L DISEASE - EA EMPLOYEE g 1,000,000
I[yes,-de ch6'ar;dar
DESCRIPTION OF OPERATIONS below
E. L- DISEASE - POUCY LIMrr $ 1,060,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEH=129.(ACORD' 1 01,Additianal.Remarks Schedule, may ba attached if mora space is requlred)
Project; City Hall Fence
Additional Insured - Owners; Lessees. or Contractors - Automatic Status When Required in CoriWuction.Agreernent With. You -.Form CG 020.33 0912,
Additional Insured- Owne res, Lessees..or Contractors - Completed. Operations -Automatic Satus When Required in Written Construction Contract or
Ag reement:Wth You - form CGD9fl3E 0912.
8iIver Series Plus Preferred General Liability Coverage Enhancement Endorsement- form. CGD0906.07.16.
Silver Series Plus Business Auto Coverage Enhancement Endorsement - form CAD0904 0715,
UENTIFIUK[ E BOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATiON DATE THEREOF, NOTICE WILL e DELIVERED IN
Milton City Hall ACCORDANCE -WITH THE POLICY.PROVISIONS.
2606 Heritage Walk
AUTHORIZED REPRESENTATIVE
Milton GA 30004
ro 19R8.2ff'15 ArnRr) ChRPCjRATIO N. Ah Onhtc raaarvari:
ACORD 25.(201103) The.ACORD name and logo are registered ariarks of ACDRD
No Text
-EXHIBIT C"
CONTRACTOR AFFIDAVIT AND AGREEMENT
under O.C.G.A. § 13-10-91(6)(1)
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:
11 -5" C -I I hereby declare under penalty of perjury that the
Federal Work Authorization User Identification foregoing is true and correct.
Number
aa Executed on ck,, 241 in
J' (City), (state).
Date of Authorization
Superior Fence of Georgia LLC Are of AgRorized Officer or Agent
Name of Contractor
Milton City Hail Fence Printed a and Title of Authorized Officer or
Name of Project Agent
City of Milton, Georgia SUBSCRIBED AND SWORN BEFORE ME
Name of Public Employer ON THIS THE ,� 4o DAY OF
���safaf�■,� , 201
r= y
AkRy LLIO1
aRG
??4 My Commission Expires:
CQ
QU ale a �
o =,"
"EXMIT D"
SUBCONTRACTOR AFFIDAVIT AND AGREEMENT
under O.C.G.A. § 13-10-91(b)(3)
STATE OF
COUNTY OF
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 Superior Fence of Georgia, 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 authorization program throughout the contract period, and the undersigned subcontractor will contract for
the physical performance of services in satisfaction of such contract only with sub -subcontractors who present
an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the
undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the
contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -
subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned
subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor.
Subcontractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
Federal Work Authorization User Identification
Number
Date of Authorization
Name of Subcontractor
Milton City Hail Fence
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 _, 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
My Commission Expires:
TO:
FROM:
M 1 LTO
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: July 2, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Change Order #1 to the Professional Services
Agreement between the City of Milton and Barge Design
Solutions, Inc., for an Update to the City Wide Parks and
Recreation Master Plan and the Master Plan for Providence
Park.
MEETING DATE: Monday, July 9, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (�IAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (,,JJ%ES () NO
CITY ATTORNEY REVIEW REQUIRED: ( SES () NO
APPROVAL BY CITY ATTORNEY: (L APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: u 71 o`)I zo It
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cifyofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Jim Cregge
Date: Submitted July 2, 2018 for the July 9, 2018 Regular City Council
Meeting
Agenda Item: Approval of a Change Order #1 to the Professional Services
Agreement between the City of Milton and Barge Design Solutions,
Inc., for an Update to the City Wide Parks and Recreation Master
Plan and the Master Plan for Providence Park.
_____________________________________________________________________________________
Department Recommendation:
Staff is recommending the approval of Change Order #1 to the Professional Services
Agreement between the City of Milton and Barge Design Solutions, Inc., formerly doing
business as Barge, Waggoner, Sumner and Cannon, Inc., dated April 24, 2017,
regarding an update to the City Wide Parks and Recreation Master Plan and the
Master Plan for Providence Park.
Executive Summary:
On April 24, 2017, the City formally awarded a contract to Barge, Waggoner, Sumner &
Cannon, Inc. (now doing business as Barge Design Solutions, Inc.) to perform an update
to the City Wide Parks and Recreation Master Plan and to create a Master Plan for
Providence Park. The Master Plan for Providence Park has been completed and has
been accepted by the Mayor and Council. The City Wide Parks and Recreation Master
Plan update work is still in process. Both projects have required additional public input
meetings and study in order to produce plans that meet with the satisfaction of the
community.
In January 2018, Consultant filed an Application for and received an Amended
Certificate of Authority of a Foreign (Tennessee) Entity with the Georgia Secretary of
State’s Corporation Division to officially change its corporate name to “BARGE DESIGN
SOLUTIONS, INC.”
The contract had an original value of $132,340. This change order requests an
additional $19,150 to cover the cost of the additional Work, bringing the contract’s total
value to $151,490. This was planned for in the Mid-Year FY18 Capital Improvement
Program.
Procurement Summary:
Purchasing method used: Contract Addendum
Account Number: 300-6110-521200001
Requisition Total: $151,490
Vendor DBA: Barge Design Solutions
Financial Review: Bernadette Harvill, July 2, 2018
Legal Review: Jeff Strickland – Jarrard & Davis, July 2, 2018
Concurrent Review: Steven Krokoff, City Manager
Attachment:
1) Change Order #1 to the Professional Services Agreement with Barge
Design Solutions, Inc.
HQMEOP
NMM11T%O N'
ESTABLISHED ]004
PROFESSIONAL SERVICES AGREEMENT
CHANGE ORDER #1
WHEREAS, the CITY OF MILTON ("City") and BARGE, WAGGONER, SUMNER AND
CANNON, INC. ("Consultant"), entered into a Professional Services Agreement (the "Agreement") dated
April 24, 2017, regarding a city-wide master plan update for Parks and Recreation and the creation of a
conceptual/master plan for Providence Park; and
WHEREAS, in January 2018, Consultant filed an Application for and received an Amended Certificate of
Authority of a Foreign (Tennessee) Entity with the Georgia Secretary of State's Corporation Division to
officially change its corporate name to "BARGE DESIGN SOLUTIONS, INC."; and
WHEREAS, the City has requested that Consultant prepare for and participate in additional meetings and
studies to produce plans that best address community input; and
WHEREAS, in accordance with the Agreement at Article II (Work Changes), subparagraph B, the City
reserves the right to order changes in the Work to be performed by adding to the Work and all such change
orders shall be incorporated into a written Change Order and executed by Consultant and City; and
WHEREAS, Consultant has stated that the additional Work will increase the contract price by $19,150 and
all Work shall be completed by December 31, 2018.
NOW THEREFORE, the parties agree as follows:
1. Consultant's entity name is hereby recognized as Barge Design Solutions, Inc., a Tennessee
corporation.
2. Article I (Scope of Services and Termination Date), Subsection D (Schedule, Completion Date, and
Term of Agreement), second sentence, is amended to read as follows:
"The term of this Agreement ("Term") shall commence as of the Effective Date, and the Work shall
be completed, and the Agreement shall terminate, on or before December 31, 2018 (provided that
certain obligations will survive termination/expiration of this Agreement)."
3. Article III (Compensation and Method of Payment), Subsection B (Maximum Contract Price), of
the Agreement is amended to read as follows:
"The total amount paid under this Agreement as compensation for Work performed and
reimbursement for costs incurred shall not, in any case, exceed $151,490.00 (the "Maximum
Contract Price"), except as outlined in Section II(C) above, and Consultant represents that this
A`
amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement.
The compensation for Work performed shall be based upon flat fee: the sum of the component parts
(including survey) states in the letter dated May 30, 2017, to Jim Cregge, found in Exhibit °B,' and
in the letter dated June 29, 2018, to Jim Cregge, attached hereto marked Exhibit `C-2.' "
4. Consultant shall, contemporaneous with the execution of this Change Order, tender to the City an
updated Contractor Affidavit (Exhibit D) providing the federal work authorization user
identification number and date of authorization that corresponds to the new Consultant entity name.
5. Consultant shall, contemporaneous with the execution of this Change Order, tender to the City
updated certificates of insurance as required under Article IV (Covenants of Consultant), Subsection
I (Insurance) of the Agreement in the new Consultant entity name.
6. Article VII (Miscellaneous), Subsection F (Notices), is amended to update the notice to Consultant
as follows:
NOTICE TO CONSULTANT shall be sent to:
Barge Design Solutions, Inc.
2625 Cumberland Parkway, Suite 150
Atlanta, Georgia 30339
7. Exhibit "C" to the Agreement is hereby amended by adding the additional Work as described in the
letter from Barge Design Solutions, Inc, to Jim Cregge, Director of Parks and Recreation, dated June
29, 2018, attached hereto marked "Exhibit C-2" and by this reference incorporated herein.
8. Except as modified herein, the Agreement shall continue in full force and effect.
9. This Change Order may be executed in counterparts, and each counterpart shall constitute an
original and taken together shall constitute but one document.
10. Each of the individuals executing this Amendment on behalf of his or her respective Party agrees
and represents to the other Party that he or she is authorized to do so.
[SIGNATURES ON FOLLOWING PAGE]
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.
CONTRACTOR: BARGE DESIGN SOLUTIONS, INC.
By:
Print Name: 6,.,u —P, em 5
Its: PresidenfNice
Date:
0
0tj.rtraj�t gyp: Z`
Print Name: QrA03
Its: (Assistan ) Corporate Secretary ,
CITY: CITY OF MILTON, GEORGIA
By:
Joe Lockwood, Mayor
[CITY SEAL]
Date:
Attest:
Sudie Gordon, City Clerk
Approved as to form:
City Attorney
Exhibit C-2
19AI4Gc
June 29, 2018
Mr. Jim Cregge
Director, Parks and Recreation
City of Milton
2006 Heritage Walk
Milton, GA 30004
RE: Additional Services Proposal
Park System Master Plan / Providence Park Master Plan
Dear Jim:
As requested by the City of Milton, the following scope of work outlines services in addition to
those tasks outlined in our current contract for the Milton Park System Master Plan and
Providence Park Site Master Plan. The additional services include the following items:
• Presentations and Meetings
• Edits and adjustments to master plan document
The following work tasks below present a description of services for meetings and upcoming
document edits.
Additional Meetings -- $14.150
The original Scope of Work included the Draft Report Review Meeting and the Providence Park
Preliminary Master Plan to joint meetings to City Council, the Planning Commission and a Park
and Recreation Advisory Board in a public hearing setting. Instead the City has requested us to
provide the following separate presentations and meetings:
5 -Year Park System Master Plan Meetings
• Separate Public presentation of Park System Plan (Completed 2/13/2018)
• Separate PRAB presentation of Park System Plan (Completed 2/15/2018)
• Public Input client review meeting (Completed 2/21/2018)
• Additional Public Presentation of Park System Plan
• Additional Team Meeting to Review Public Input and Plan Direction
• Separate Council Workshop to present Park System Plan
Providence Park Site Master Plan Meetings
• Separate PRAB presentation of Providence Park Plan (Completed 1/18/2018)
• Separate Council workshop presentation of Providence Park Plan (Completed 2/12/2018)
• Phasing Plan / Cost Estimate review meeting (Completed 3/21/2018)
• Additional Public Input Meeting (Completed 4/26/2018)
• Separate Council Workshop to present Providence Park (Completed 5/14/2018)
�9
a
a
Ln
W
W
D
V)
OA/4Gc
Mr. Jim Cregge
June 28, 2018
Page - 2
• Separate City Council Meeting (Completed 6/18/2018)
Master Plan Document Recommendation Edits — $5,000
The outcome of an analysis of athletic fields level of service on school and adjacent city lands that
the City of Milton is undertaking will change portions of the Park System Master Plan text, charts,
and recommendations. The changes will likely impact the data and recommendations in several
areas of the document that will need to be edited from the agreed upon direction that had already
been taken. Our team will make the edits to the document following the completion of the City's
analysis and review with our team.
The total of the additional services outlined above is $19,150.00. Some of the tasks outlined above
have been completed as noted. The completion of the remaining tasks is dependent on the prior
completion of the City's field analysis process; however it is expected that all tasks to be complete
by December 31, 2018. We appreciate your consideration of this request and, as always, the
Barge Design Solution team appreciates the opportunity to continue to assist the City of Milton
with these important projects. Please feel free to contact me with any questions about this
request.
Sincerely,
Barge Design Solutions, Inc.
Steve Provost, PLA, LEEDBD.c
Vice President
Barge Project # 3805600
TO:
FROM:
AGENDA ITEM:
MEETING DATE
I
LTO N
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: June 27, 2018
Steven Krokoff, City Manager a
Proclamation Recognizing MDA City of Milton Firefighter
Appreciation.
Monday, July 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: () YES (- NO
CITY ATTORNEY REVIEW REQUIRED: () YES (VIVO
APPROVAL BY CITY ATTORNEY: (J APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: a -� ImIcuir,
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us
0000
MDA City of Milton Firefighter Appreciation
WHEREAS, dedicated and selfless firefighters in Milton provide vital and lifesaving
services to the citizens of their community; and
WHEREAS, at a moment’s notice, these men and women risk their lives subduing fires
and rescuing those trapped in infernos, as well as saving citizens from
emergencies that could have been deadly situations; and
WHEREAS, Georgia firefighters contribute significantly to the continued well-being of
Georgians through their outstanding commitment to community service.
Their sense of duty and responsibility is evidenced by their hundreds of
volunteer hours in annual boot drives to collect funds to fight Muscular
Dystrophy; and
WHEREAS, firefighters in the City of Milton unselfishly donate their time and energy
to supporting the Muscular Dystrophy Association, raising more than
$726,000 over our 12 year partnership; and
WHEREAS, many of Milton’s most deserving citizens have benefited from the funds
raised by firefighters in the “Fill-the-Boot” Campaign, and these public
servants make invaluable contributions to our community in all the tasks
they perform.
NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby proclaim
April through September, as “MDA Firefighter Appreciation” time in the City of Milton and
encourage all citizens of Milton, Georgia to recognize and support the efforts of these firefighters
on behalf of MDA.
Given under our hand and seal of the City of Milton, Georgia on this 9th day of July, 2018.
_________________________
Mayor Joe Lockwood
Mit-ToNit
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: 2 7, 2018
FROM: Steven Krokoff, City Manag
AGENDA ITEM: Consideration of the Capital Improvement Element (CIE) and
the Draft Transmittal Resolution.
MEETING DATE: Monday, July 9, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (�IAPPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (-4-1�0
CITY ATTORNEY REVIEW REQUIRED: () YES VNO
APPROVAL BY CITY ATTORNEY. () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: C? 1 09 bc, f
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
I
To: Honorable Mayor and City Council Members
From: Michele McIntosh-Ross, Principal Planner
Date: Submitted on July 2, 2018 for the July 9, 2018 Regular Council Meeting
Agenda Item: Discussion of the Draft Capital Improvements Element (CIE) 2018
Annual Update, Relating to the City’s Impact Fee Program to the
Atlanta Regional Commission for Regional and State Review.
______________________________________________________________________________
Department Recommendation:
Approval
Executive Summary:
As a municipality that collects Impact Fees, a Capital Improvements Element (CIE) Annual
Update was prepared by the city’s impact fee consultant and was reviewed by staff. The
2018 CIE update contains the five-year project lists for impact fee eligible items based on the
adopted 2015 CIE.
An annual update to the five-year project schedule is a requirement by the Georgia
Department of Community Affairs (DCA). Upon favorable review by the Regional and State
agencies, the City of Milton may adopt the CIE Annual Update by October 31, 2018.
Funding and Fiscal Impact:
None
Alternatives:
None
Legal Review:
None
Concurrent Review:
Steve Krokoff
Attachment(s):
Draft 2018 Capital Improvements Element (CIE)
Capital Improvements
Element
2018 Annual Update
Fiscal Year 2017 (10/1/16—9/30/17)
Financial Report &
Community Work Program
City of Milton, Georgia
DRAFT: July 9, 2018
Introduction
City of Milton 2018 CIE Annual Update ________________ DRAFT July 9, 2018 _________________________________________ page 1
This Capital Improvements Element Annual
Update has been prepared based on the
rules and regulations pertaining to impact
fees in Georgia, as specified by the Devel-
opment Impact Fee Act (DIFA) and the De-
partment of Community Affairs (DCA) docu-
ments Development Impact Fee Compliance
Requirements and Standards and Proce-
dures for Local Comprehensive Planning.
These three documents dictate the essential
elements of an Annual Update, specifically
the inclusion of a financial report and a
schedule of improvements.
According to DCA’s Compliance Require-
ments, the Annual Update:
“must include: 1) the Annual Report on
impact fees required under O.C.G.A. 36-
71-8; and 2) a new fifth year schedule of
improvements, and any changes to or re-
visions of previously listed CIE projects,
including alterations in project costs, pro-
posed changes in funding sources, con-
struction schedules, or project scope.”
(Chapter 110-12-2-.03(2)(c))
This Annual Update itself is based on the
City of Milton’s Capital Improvements Ele-
ment, as adopted by the City October 5,
2015.
1 Note that DCA’s Compliance Requirements specify
that the work program is to meet the requirements of
Chapter 110-12-1-.04(7)(a), which is a reference to
the work program requirements in a previous version
Financial Report
The Financial Report included in this
document is based on the require-
ments of DIFA, specifically:
“As part of its annual audit pro-
cess, a municipality or county shall
prepare an annual report describing
the amount of any development
impact fees collected, encumbered,
and used during the preceding year
by category of public facility and
service area.” (O.C.G.A. 36-71-
8(c))
The required financial information for
each public facility category appears in
the main financial table (page 2); each
of the public facility categories has a
single, city-wide service area. The sta-
tus of all impact fee projects, by public
facility category, is shown on the ta-
bles on pages 3, 4, 5 and 6.
The City’s fiscal year runs from Octo-
ber 1 to September 30.
of the Standards and Procedures for Local Com-
prehensive Planning. The correct current de-
scription is found at Chapter 110-12-1-
Schedule of Improvements
In addition to the financial report, the City
has prepared a five-year schedule of im-
provements—a community work program
(CWP)—as specified in DCA’s Compliance
Requirements (Chapter 110-12-2-
.03(2)(c)), which states that local govern-
ments that have a CIE must “update their
entire Short Term [i.e., Community] Work
Programs annually.”)1
According to DCA’s requirements,2 the CWP
must include:
A brief description of the activity;
Legal authorization, if applicable;
Timeframe for undertaking the activity;
Responsible party for implementing the
activity;
Estimated cost (if any) of implementing
the activity; and,
Funding source(s), if applicable.
All of this information appears in the Com-
munity Work Program portion of this docu-
ment, beginning on page 7.
.04(2)(b)1.
2 Chapter 110-12-1-.03(3).
Financial Report
City of Milton 2018 CIE Annual Update _______________ DRAFT July 9, 2018 ___________________________________________ page 2
City of Milton
Public Facility Parks &
Recreation
Fire
Protection
Law
Enforcement Roads Adminis-
tration TOTAL
Impact Fee Fund Balance
October 1, 2016 671,394.15$ 82,141.67$ 15,750.08$ 16,095.45$ -$ 785,381.35$
Impact Fees Collected (October 1,
2016 through September 30, 2017)991,308.45$ 93,438.47$ 16,307.79$ 118,507.19$ 36,596.64$ 1,256,158.54$
Subtotal: Fee Accounts 1,662,702.60$ 175,580.14$ 32,057.87$ 134,602.64$ 36,596.64$ 2,041,539.89$
Accrued Interest 231.83$ 21.66$ 3.77$ 26.75$ 33.46$ 317.47$
(Impact Fee Refunds)(3,107.55)$ (534.57)$ (94.86)$ (678.36)$ (141.73)$ (4,557.07)$
(Expenditures)(206,767.50)$ (41,890.00)$ -$ -$ (36,488.37)$ (285,145.87)$
Impact Fee Fund Balance
September 30, 2017 1,453,059.38$ 133,177.23$ 31,966.78$ 133,951.03$ -$ 1,752,154.42$
Impact Fees Encumbered 1,453,059.38$ 133,177.23$ 31,966.78$ 133,951.03$ -$ 1,752,154.42$
Annual Impact Fee Financial Report - Fiscal Year 2017
Financial Report
City of Milton 2018 CIE Annual Update _______________ DRAFT July 9, 2018 ___________________________________________ page 3
Public Facility:
Responsible Party:Parks and Recreation Department
Service Area:
Project Description
Project
Start
Date
Project
End
Date
Local Cost of
Project*
Maximum % of
Funding from
Impact Fees
Max Funding
from Impact Fees*
FY 2017
Impact Fees
Expended
Impact Fees
Expended
(Previous Years)
Total Impact
Fees Expended
to Date
Impact Fees
Encumbered Status/Remarks
Park Land (455 acres)2017 2035 68,665,646.59$ 67.39%46,275,786.85$ 185,322.50$ 185,322.50$ $ 1,453,059.38 Trailhead Park
Conservation Easements (2747 ac)2017 2035 37,687,219.02$ 41.44%15,616,326.67$ -$ -$
Land for Trails (110 acres)2017 2035 22,637,026.35$ 41.39%9,369,796.00$ -$ -$
Baseball Fields (8)2022 2035 2,416,978.76$ 63.80%1,541,931.23$ -$ -$
Football/Soccer/Lacrosse (2)2022 2035 277,625.94$ 89.85%249,433.52$ -$ -$
Basketball Courts (11)2022 2035 898,201.57$ 42.18%378,852.88$ -$ -$
Playgrounds (Structured) (34)2020 2035 1,665,755.63$ 42.89%714,408.29$ 21,445.00$ 21,445.00$ Broadwell Park
Picnic Shelters / Pavilions (34)2020 2035 4,997,266.90$ 42.89%2,143,224.88$ -$ -$
Community Centers (4)2020 2035 2,605,646.33$ 42.53%1,108,195.49$ -$ -$ Delayed
Multi-Use Trails (90.76 miles)2020 2035 62,195,885.85$ 42.48%26,419,298.43$ -$ -$
204,047,252.94$ 103,817,254.24$ 206,767.50$ -$ 206,767.50$ 1,453,059.38$
*All costs are Net Present Value per CIE adopted October 5, 2015. Maximum funding based on percent impact fee eligible.
When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based
on the Level of Service standards in the Capital improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop-
ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be
expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded.
NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as
determined during the annual budget adoption process.
Parks and Recreation
City-wide
Financial Report
City of Milton 2018 CIE Annual Update _______________ DRAFT July 9, 2018 ___________________________________________ page 4
Public Facility:
Responsible Party:Fire Department / Administration
Service Area:
Project Description
Project
Start
Date
Project
End
Date
Local Cost of
Project*
Maximum % of
Funding from
Impact Fees
Max Funding
from Impact Fees*
FY 2017
Impact Fees
Expended
Impact Fees
Expended
(Previous Years)
Total Impact
Fees Expended
to Date
Impact Fees
Encumbered Status/Remarks
Emergency Warning Sirens 2014 2014 216,329.00$ 41.44%89,646.74$ -$ -$ Completed
Storage Facility 2017 2020 267,096.40$ 100.00%267,096.40$ -$ -$ 40,251.67$
Fire Station 42 Replacement 2020 2022 1,389,243.43$ 40.00%555,697.37$ -$ -$ 92,925.56$
Training Facility 2017 2017 430,176.66$ 100.00%430,176.66$ 41,890.00$ 8,110.00$ 50,000.00$ Completed
Westside Fire Station **2024 2026 1,501,562.50$ 66.67%1,001,091.72$ -$ -$
Hwy 9 Fire Station **2017 2019 1,428,686.06$ 100.00%1,428,686.06$ -$ -$
General Vehicle 2015 2015 38,609.80$ 100.00%38,609.80$ -$ -$ Completed
Heavy Vehicle 2016 2016 453,066.46$ 100.00%453,066.46$ -$ -$ Completed
General Vehicle 2020 2020 39,442.62$ 100.00%39,442.62$ -$ -$
Heavy Vehicle 2018 2018 462,839.28$ 100.00%462,839.28$ -$ -$
General Vehicle 2022 2022 40,725.67$ 100.00%40,725.67$ -$ -$
Heavy Vehicle 2021 2021 477,895.17$ 100.00%477,895.17$ -$ -$
General Vehicle 2024 2024 42,050.45$ 100.00%42,050.45$ -$ -$
Heavy Vehicle 2024 2024 493,440.83$ 100.00%493,440.83$ -$ -$
Heavy Vehicle 2027 2027 509,492.17$ 100.00%509,492.17$ -$ -$
General Vehicle 2029 2029 43,884.11$ 100.00%43,884.11$ -$ -$
Heavy Vehicle 2030 2030 526,065.66$ 94.36%496,408.38$ -$ -$
General Vehicle 2033 2033 45,797.72$ 94.36%43,215.84$ -$ -$
Heavy Vehicle 2033 2033 543,178.27$ 0.00%-$ -$ -$
General Vehicle 2034 2034 47,287.49$ 0.00%-$ -$ -$
8,996,869.75$ 6,913,465.73$ 41,890.00$ 8,110.00$ 50,000.00$ 133,177.23$
*All costs are Net Present Value per CIE adopted October 5, 2015. Maximum funding based on percent impact fee eligible.
When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based
on the Level of Service standards in the Capital improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop-
ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be
expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded.
**Percent impact fee eligible revised due to change in anticipated year of expenditure.
NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as
determined during the annual budget adoption process.
NOTE: For projects that are not eligible for impact fee funding, the cells in the "FY2017 Impact Fees Expended" column are shaded out, indicated that no impact fees may be
expended on those projects.
Fire Protection
City-wide
Facilities
Vehicles
Financial Report
City of Milton 2018 CIE Annual Update _______________ DRAFT July 9, 2018 ___________________________________________ page 5
Public Facility:
Responsible Party:Police Department / Administration
Service Area:
Project Description
Project
Start
Date
Project
End
Date
Local Cost of
Project*
Maximum % of
Funding from
Impact Fees
Max Funding
from Impact Fees*
FY 2017
Impact Fees
Expended
Impact Fees
Expended
(Previous Years)
Total Impact
Fees Expended
to Date
Impact Fees
Encumbered Status/Remarks
Law Enforcement Center, Phase 1 2016 2017 30,947.62$ 41.44%12,825.42$ -$ - -$
Law Enforcement Center, Phase 2 2018 2018 1,729,358.54$ 41.44%716,686.51$ -$ - -$
Law Enforcement Center, Phase 3 2019 2019 2,738,978.49$ 41.44%1,135,096.56$ -$ - -$ 31,966.78$
4,499,284.65$ 1,864,608.49$ -$ -$ -$ 31,966.78$
*All costs are Net Present Value per CIE adopted October 5, 2015. Maximum funding based on percent impact fee eligible.
When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based
on the Level of Service standards in the Capital improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop-
ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be
expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded.
NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as
determined during the annual budget adoption process.
Law Enforcement
City-wide
Financial Report
City of Milton 2018 CIE Annual Update _______________ DRAFT July 9, 2018 ___________________________________________ page 6
Public Facility:
Responsible Party:Public Works
Service Area:
Project Description
Project
Start
Date
Project
End
Date
Local Cost of
Project*
Maximum % of
Funding from
Impact Fees
Max Funding
from Impact Fees*
FY 2017
Impact Fees
Expended
Impact Fees
Expended
(Previous Years)
Total Impact
Fees Expended
to Date
Impact Fees
Encumbered Status/Remarks
Intersection-Hopewell/Francis/Cogburn 2014 2014 992,103.00$ 40.1%397,918.39$ -$ -$
Intersection-Deerfield Pkwy @ Morris Rd 2014 2014 85,206.00$ 40.1%34,174.91$ -$ -$
Intersection-Bethany @ Cogburn 2014 2014 446,923.00$ 40.1%179,254.45$ -$ -$
Intersection-Arnold Mill @ New Providence 2014 2014 313,300.00$ 40.1%125,660.17$ -$ -$
Intersection-Birmingham @ Providence 2014 2014 852,581.00$ 40.1%341,958.10$ -$ -$
Intersection-Hopewell @ Birmingham 2015 2015 693,135.00$ 40.1%278,006.58$ -$ 96,000.00$ 96,000.00$
Intersection-Crabapple @ Birmingham 2014 2018 1,353,263.94$ 40.1%542,774.90$ -$ -$
Transportation Master Plan Update 2015 2016 231,044.84$ 40.1%92,668.80$ -$ -$
McGinnis Ferry Interchange 2015 2015 51,343.30$ 40.1%20,593.07$ -$ -$
Crabapple NE Connector Rd 2017 2019 2,581,434.50$ 40.1%1,035,376.64$ -$ -$
Bridge Replacement Program 2014 2021 2,445,358.07$ 40.1%980,798.32$ -$ -$
Intersection-Freemanville @ Providence/B'ham 2015 2019 2,409,375.80$ 40.1%966,366.34$ -$ 546.08$ 546.08$ 133,951.03$
Intersection-SR9 @ Bethany Bend 2014 2018 173,168.05$ 40.1%69,455.24$ -$ -$
Intersection-Webb Rd Turn Lanes 2015 2015 189,970.20$ 40.1%76,194.34$ -$ -$
Intersection-Bethany @ Providence 2016 2022 1,794,032.06$ 40.1%719,560.72$ -$ -$
Intersection-Hopewell @ Bethany Bnd/ Way 2025 2025 3,346,503.60$ 40.1%1,342,234.96$ -$ -$
Intersection-Hopewell @ Redd Road 2015 2017 123,223.91$ 40.1%49,423.36$ -$ -$
Intersection-Hopewell @ Hamby 2020 2022 1,412,239.23$ 40.1%566,429.05$ -$ -$
Intersection-Hopewell @ Thompson 2021 2021 1,439,668.46$ 40.1%577,430.53$ -$ -$
Crabapple SE Connector 2021 2025 180,587.44$ 40.1%72,431.05$ -$ -$
Hopewell/Hamby Road Widening 2030 2030 7,991,049.35$ 40.1%3,205,096.16$ -$ -$
Morris Road Widening 2024 2024 9,125,056.76$ 40.1%3,659,930.39$ -$ -$
38,230,567.52$ 15,333,736.48$ -$ 96,546.08$ 96,546.08$ 133,951.03$
*All costs are Net Present Value per CIE adopted October 5, 2015. Maximum funding based on percent impact fee eligible.
When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based
on the Level of Service standards in the Capital improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop-
ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be
expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded.
NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as
determined during the annual budget adoption process.
Roads
City-wide
Community Work Program
City of Milton 2018 CIE Annual Update ____________ DRAFT July 9, 2018 _____________________________________ page 7
The City adopted a Comprehensive Plan update which included a complete CWP covering the years 2017 to 2021 (including all
projects eligible for impact fee funding). The master Community Work Program within the Comprehensive Plan update includes all
project activities, including the specific impact fee eligible projects for the 2017-2012 time frame.
The following listing of impact fee projects is submitted as part of this CIE Annual Update report, updated to cover the 5-year period
2019-2023, and thereby amends the master CWP in the Comprehensive Plan.
2019-2023 Community Work Program – Impact Fee Eligible Projects
Project Description
20192020202120222023Responsible
Party
Cost
Estimate Funding Sources Notes/ Explanation
Parks & Recreation
Continue land acquisition
program for park lands x x x x x Parks and
Recreation
$3,614,000
estimated
annual average
67.39% Impact Fees;
Bond Issue
On-going debt service to
bonds
Continue acquisition program
for conservation easements
and multi-use trails
x x x x x Parks and
Recreation
$3,175,000
estimated
annual average
41.44% Impact Fees for
conservation
easements; 41.39%
Impact Fees for multi-
use trails; Bond issue
On-going debt service to
bonds
Construction of multi-use
trails x x x x x
Parks and
Recreation /
Public Works
$3,273,000
estimated
annual average
42.48% Impact Fees;
General Fund On-going annually
Design and improve
Providence Park:
1 Playground (structured)
1 Pavilion / Picnic Shelter
1 Multi-Use Trail (1 mi. est.)
x x x Parks and
Recreation $881,250
42.89% Impact Fees for
playground and
pavilion/picnic shelter;
42.48% Impact Fees for
trail; General Fund
Completion in 2022
Community Work Program
City of Milton 2018 CIE Annual Update ____________ DRAFT July 9, 2018 _____________________________________ page 8
Project Description
20192020202120222023Responsible
Party
Cost
Estimate Funding Sources Notes/ Explanation
Parks & Recreation con't
1 Baseball Field x x Parks and
Recreation $302,122 63.79% impact fees;
General Fund.
1 Football/Soccer/Lacrosse x x Parks and
Recreation $138,813 89.85% impact fees;
General Fund.
2 Basketball Courts x x Parks and
Recreation $163,309 42.18% impact fees;
General Fund.
1 Playground (Structured)x x Parks and
Recreation $21,012 42.89% impact fees;
General Fund.
1 Picnic Shelters / Pavilions x x Parks and
Recreation $63,036 42.89% impact fees;
General Fund.
Design and construct Arnold
Mill Park project:
1 Playground (structured)
1Pavilion / Picnic Shelter
1 Multi-Use Trail (1 mi. est.)
Design and construct
Chadwick Landfill park
project x x x x x Parks and
Recreation $350,000
Impact Fees (% varies
depending on the
facilities); General Fund
See the Parks and Recreation
table in the Financial Report
section for facilities' impact
fee eligibility
Design and construct a
community center x x x x Parks and
Recreation $651,412 42.53% Impact Fees;
General Fund
42.89% Impact Fees for
playground and
pavilion/picnic shelter;
42.48% Impact Fees for
trail; General Fund
Completion in 2022xxParks and
Recreation $881,250x
Community Work Program
City of Milton 2018 CIE Annual Update ____________ DRAFT July 9, 2018 _____________________________________ page 9
Project Description
20192020202120222023Responsible
Party
Cost
Estimate Funding Sources Notes/ Explanation
Fire
Construct Storage Facility x x Fire/
Administration $267,096 100% impact fees
Construct Hwy 9 Fire Station x Fire/
Administration $1,428,686 100% impact fees
Replace Fire Station 42 x x x Fire/
Administration $1,389,243 40% impact fees;
General Fund Completion in 2022
Construct Training Facility Fire/
Administration $430,177 100% impact fees Out to bid. Completion
during 2017
Purchase heavy vehicle (2)x Fire/
Administration $940,734 100% impact fees
Purchase general vehicle (2)x x Fire/
Administration $80,168 100% impact fees
Police
Design and construct Law
Enforcement Center x Police/
Administration $4,499,285 41.44% impact fees;
General Fund Underway - in final phases
Community Work Program
City of Milton 2018 CIE Annual Update ____________ DRAFT July 9, 2018 ____________________________________ page 10
Project Description
20192020202120222023Responsible
Party
Cost
Estimate Funding Sources Notes/ Explanation
Transportation
Complete Intersection-
Crabapple @ Birmingham Public Works $1,353,264 40.1% impact fees;
General Fund
Bridge Replacement Program x x x Public Works $2,445,358 40.1% impact fees;
General Fund
On-going annual
improvements
Intersection-Freemanville @
Providence & B'ham x Public Works $2,409,376 40.1% impact fees;
General Fund
To be completed in phases
(Freemanville@Providence
is Phase 1)
Intersection-SR9 @ Bethany
Bend Public Works $173,168 40.1% impact fees;
General Fund
Intersection-Bethany @
Providence x x x x Public Works $1,794,032 40.1% impact fees;
General Fund Completion in 2022
Intersection-Hopewell @
Hamby x x x Public Works $1,412,239 40.1% impact fees;
General Fund Completion in 2022
Intersection-Hopewell @
Thompson x Public Works $1,439,668 40.1% impact fees;
General Fund Completion in 2021
Crabapple SE Connector x x x Public Works $180,587 40.1% impact fees;
General Fund Completion in 2025
Crabapple NE Connector x Public Works $2,581,435 40.1% impact fees;
General Fund Completion in 2019
MILTON'lP
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: June 29, 2018
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Ordinance to Revise the Alcohol Code to
Allow Sunday Sales by the Drink Between 11:00 A.M. and
12:30 P.M. Conditional Upon Voter Approval, To Repeal
Ordinances in Conflict, and Set an Effective Date.
MEETING DATE: Monday, July 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: (-a YES () NO
CITY ATTORNEY REVIEW REQUIRED: (-KYES () NO
APPROVAL BY CITY ATTORNEY: (APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 0 -1 Ie'g I zc it,
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
1
ORDINANCE NO.
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO REVISE THE ALCOHOL CODE TO ALLOW SUNDAY SALES
BY THE DRINK BETWEEN 11:00 A.M. AND 12:30 P.M. CONDITIONAL UPON
VOTER APPROVAL, TO REPEAL ORDINANCES IN CONFLICT, AND SET AN
EFFECTIVE DATE
The Council of the City of Milton hereby ordains, while at a a regularly scheduled council
special called meeting on the 16th23rd day of July, 2018 at 6:00 p.m., as follows:
WHEREAS, pursuant to Section 1.12(b)(13) of the City Charter, the City is authorized to provide
for the general health, safety and welfare; and
WHEREAS, under Section 4-232 of the City of Milton Code of Ordinances, the City currently
allows the sale of alcoholic beverages for consumption on the premises on Sundays from 12:30
P.M. until 12:00 midnight in eating establishments (any licensed establishment that derives at least
50 percent of its total annual gross sales from the sale of prepared food or meals); and
WHEREAS, Senate Bill 17 became law on May 8, 2018, amending Title 3, Chapter 3, Article 1
of the Official Code of Georgia Annotated and authorizing cities to allow the sale of alcoholic
beverages for consumption on the premises on Sundays from 11:00 A.M. until 12:30 P.M. in any
licensed establishment which derives at least 50 percent of its total annual gross sales from the sale
of prepared meals or food in all of the combined retail outlets of the individual establishment where
food is served and in any licensed establishment which derives at least 50 percent of its total annual
gross income from the rental of rooms for overnight lodging if approved by a referendum election;
and
WHEREAS, the City Council of the City of Milton wishes to amend its alcohol code to expand
the hours for Sunday sales in eating establishments, conditioned on voter approval in a referendum;
and
NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS
as follows:
SECTION 1. That Chapter 4, Article V, Section 4-232(1)(b) of The Code of the City of
Milton, Georgia, is hereby amended by deleting the text “12:30 p.m.” and substituting in its place
the text “11:00 a.m.”
SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith
are hereby repealed.
2
SECTION 3. That, in a referendum election to be held on November 6, 2018, if City of
Milton voters approve the sale of alcohol by the drink on Sundays between 11:00 a.m. and 12:30
p.m., the ordinance revisions specified in Sections 1 and 2 above shall become effective upon
certification of the election result to the Secretary of State and recognition of the election result by
written resolution of the Milton City Council. If the question of expanded alcohol sales on Sundays
is rejected by the voters, the ordinance revisions specified above shall be null and void.
SO ORDAINED this 23rd16th day of July, 2018.
Approved:
_______________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
MILTON"IP
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: June 27, 2018
FROM: Steven Krokoff, City Manager(�=
AGENDA ITEM: Consideration of an Ordinance to Revise Noise Restrictions
Impacting the Use of Consumer Fireworks, to Repeal
Ordinances in Conflict, and Set an Effective Date.
MEETING DATE: Monday, July 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: (,41YES () NO
CITY ATTORNEY REVIEW REQUIRED: (YES () NO
APPROVAL BY CITY ATTORNEY: (,IVAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: c110°ri t"t
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: Rich Austin, Chief of Police
Date: Submitted on June 29, 2018 for the July 9, 2018 Regular City Council
Meeting
Agenda Item: Consideration of an Ordinance to Revise Noise Restrictions
Impacting the Use of Consumer Fireworks, to Repeal Ordinances in
Conflict, and Set an Effective Date.
Department Recommendation:
Approve the attached ordinance revision.
Executive Summary:
This is an update and revision to the Noise Ordinance to reflect changes in state law
related to consumer firework use.
Funding and Fiscal Impact:
None.
Alternatives:
Do not approve.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis (June 5, 2018)
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
Ordinance Revision
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
AN ORDINANCE TO REVISE NOISE RESTRICTIONS IMPACTING THE USE OF
CONSUMER FIREWORKS, TO REPEAL ORDINANCES IN CONFLICT, AND SET AN
EFFECTIVE DATE
The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the 9th
day of July, 2018 at 6:00 p.m., as follows:
WHEREAS, pursuant to Sections 1.12(b)(13) and (30) of the City Charter, the City is authorized
to provide for the general health, safety and welfare and the prevention of public disturbances;
WHEREAS, pursuant to recent legislation, HB 419, codified at O.C.G.A. § 25-10-2, the City may
regulate the use of consumer fireworks as part of any general noise ordinance concerning all
manner of sounds or noises;
WHEREAS, the City desires to update its noise ordinance to provide for the regulation of
consumer fireworks as permitted by law;
NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS
as follows:
SECTION 1. That Chapter 20, Article VII, Section 20-657 of The Code of the City of
Milton, Georgia, is hereby amended by placing the existing text in a new paragraph (a) and adding
a paragraph (b) containing the following text: “The general prohibition in paragraph (a) includes
the use of consumer fireworks that create loud and unreasonable noise, except during the following
dates and times: after the time of 10:00 A.M. and up to and including the time of 11:59 P.M. on
January 1, the last Saturday and Sunday in May, July 3, July 4, the first Monday in September, and
December 31 of each year; and beginning at the time of 12:00 Midnight and up to and including
the ending time of 1:00 A.M. on January 1 of each year.”
SECTION 2. That Chapter 20, Article VII, Section 20-664 of The Code of the City of
Milton, Georgia, is hereby amended by deleting the existing text and inserting in its place the
following text: “Reserved.”
SECTION 3. That all Ordinances, parts of Ordinances, or regulations in conflict herewith
are hereby repealed.
SECTION 4. That this Ordinance shall become effective upon a majority vote by the City
Council as ratified by the Mayor of the City of Milton, Georgia.
SO ORDAINED this 9th day of July, 2018.
Approved:
_______________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
ARTICLE VII. - NOISE CONTROL[3]
Footnotes:
--- (3) ---
Editor's note— Ord. No. 17-09-327, § 1, adopted Sept. 13, 2017, repealed art. VII in its entirety, and
enacted new provisions to read as herein set out. Former art. VII, §§ 20-657—20-660, 20-680, 20-681,
20-701, 20-702, 20-722, 20-723, pertained to similar subject matter, and derived from Ord. No. 06-11-16,
§ 1(ch. 12, art. 5, §§ 2, 4—6), adopted Nov. 21, 2006; Ord. No. 07-04-23, § 1(ch. 12, art. 5, §§ 2, 4—6),
adopted April 19, 2007; and Ord. No. 07-04-27, §§ 1—10, adopted April 19, 2007.
Sec. 20-656. - Definitions.
(a) Scope. Words not defined herein shall be construed to have the meaning given by Merriam -Webster's
Collegiate Dictionary, eleventh edition.
(b) Use and interpretation. The following shall apply to the use of all words in this ordinance:
(1) W ords used in the present tense shall include the future tense.
(2) Words used in the singular shall include the plural and vice versa.
(3) The word "shall" is mandatory.
(4) The word "may" is permissive.
(c) Terms.
Acoustic music means music produced by a musical instrument whose sound is not electronically
modified.
Amplified sound means sound that is increased in the strength.
Commercial establishment means a business located on property as defined in Commercial property.
Commercial property means property that is zoned and/or developed with nonresidential uses in T -6,
T-5, T-4, T-4 Open, T-4 Permissive, C-1, C-2, O-I, MIX, and M-1 zoning districts. It also includes uses
permitted with a use permit in other zoning districts listed in section 64 -1121, "allowed use chart" that are
in the following categories: Commercial, Agricultural, and Institutional Type Uses.
Commercial user means a business that is not an individual property owner or renter that receives
compensation for providing products or services.
Construction machinery means machines or tools powered by electricity, fuel, or by hand that is used
to construct buildings, roads, walls, and other accessory structures.
Consumer fireworks means any small fireworks devices containing restric ted amounts of pyrotechnic
composition, designed primarily to produce visible or audible effects by combustion, that comply with the
construction, chemical composition, and labeling regulations of the United States Consumer Product Safety
Commission as provided for in Parts 1500 and 1507 of Title 16 of the Code of Federal Regulations, the
United States Department of Transportation as provided for in Part 172 of Title 49 of the Code of Federal
Regulations, and the American Pyrotechnics Association as provided for in the 2001 American Pyrotechnics
Association Standard 87-1, and additionally shall mean Roman candles.
Garage machinery means machines or tools powered by electricity, fuel, or by hand that is used in
maintaining or building various types of automotive items such as engines of all types, car or truck chassis.
Lawn maintenance machinery means machines or tools powered by electricity, fuel, or by hand that
are used to mow, trim, fertilize, seed, till, or other associated actions to maintain lawns, go lf courses and
other types of landscapes.
Loud and unreasonable noise means any sound or noise, including, but not limited to, music or speech,
which is so loud in volume level and of such duration or character as to disturb the comfort, health, peace,
safety, quiet enjoyment or repose of one or more persons of ordinary sensibilities.
Mechanical noise means noise produced by lawn maintenance or garage machinery.
Mobile amplification means sound produced that is increased in the strength or amount which is
typically electronic, but not solely, and moves such as car stereos.
Outdoor amplification means sound which is typically electronic but not solely, such as a bull horn and
but the source is amplified sound located outside the confines of a building or structure.
Residentially used property means property that is zoned and or developed with residential uses in T -
6, T-5, T-4, T-4 Open, T-4 Permissive, MIX, AG-1, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, R-6,
TR, A, A-L, NUP, and CUP.
Sound amplification means sound that is artificially increased in strength, irrespective of the means.
Sound amplification equipment means equipment that artificially increases the strength or amount of
sound, typically electronic but not necessarily so.
Waste haulers means companies granted non-exclusive contracts to remove residential and
commercial refuse and waste which includes items to be recycled.
( Ord. No. 17-09-327 , § 1, 9-13-2017)
Sec. 20-657. - Loud, disturbing noises prohibited generally.
(a) It shall be unlawful for any person to create or assist in creating any loud and unreaso nable noise
in the city.
(b) The general prohibition in paragraph (a) includes the use of consumer fireworks that create loud
and unreasonable noise, except during the following dates and times: after the time of 10:00 A.M.
and up to and including the time of 11:59 P.M. on January 1, the last Saturday and Sunday in May,
July 3, July 4, the first Monday in September, and December 31 of each year; and beginning at
the time of 12:00 Midnight and up to and including the ending time of 1:00 A.M. on January 1 of
each year.
( Ord. No. 17-09-327 , § 1, 9-13-2017)
Sec. 20-658. - Measurement.
For the purpose of determining db(A)s as referred to in this article, the noise shall be measured on the
A-weighting scale on a sound level meter of standard design and quality having characteristics established
by the American National Standards Institute.
( Ord. No. 17-09-327 , § 1, 9-13-2017)
_____
Sec. 20-659. - Activities permitted that produce sound impacting residential life.
(a) The following activities are permitted in any residentially zoned area of the city or w ithin 300 feet of
any residentially occupied structure in any zone of the city:
ACTIVITIES PERMITTED THAT PRODUCE SOUND IMPACTING RESIDENTIAL LIFE
Monday
through
Friday
Saturday Sunday Federal
Holidays
Operation of construction machinery by
commercial users*
7:30 a.m.
to 7:30
p.m.
9:00 a.m. to
6:00 p.m.
Lawn maintenance and garage machinery by
commercial users*
7:30 a.m.
to sunset
9:00 a.m. to
sunset 9:00 a.m. to
sunset
Operation of construction machinery or
garage machinery by individuals on their
residential property which registers more
than 65 db(A) at the nearest complainant's
property line.
7:30 a.m.
to 7:30
p.m.
9:00 a.m. to
6:00 p.m.
9:00 a.m.
to 6:00
p.m.
9:00 a.m. to
6:00 p.m.
Operation of lawn maintenance machinery by
individuals on their residential property.
7:30 a.m.
to sunset
9:00 a.m. to
sunset
9:00 a.m.
to sunset
9:00 a.m. to
sunset
Operation of waste haulers
7:30 a.m.
to 7:30
p.m.
7:30 a.m. to
7:30 p.m.
7:30 a.m.
to 7:30
p.m.
7:30 a.m. to
7:30 p.m.
*The director shall have the discretion to authorize an administrative variance for golf and equestrian uses
to adjust the start and stop times, on a case by case basis, if the dire ctor believes that such variance is in
the best interest of the user and affected property owners and as otherwise authorized by section 20 -667.
(b) Any mechanical noise other than that regulated in subsection (a) which registers more than 65 db(A)
at the nearest complainant's property line is a violation.
(c) This section shall not apply to:
(1) Emergency operations designed to protect the public health and safety; or
(2) Work by city crews or city contractors in a right-of-way or utility easement when the department
responsible for the work has determined that it is necessary to undertake the work.
(3) Activities conducted on public playgrounds or private school gro unds, which are conducted in
accordance with the manner in which such spaces are generally used, including but not limited
to, school athletic and school entertainment events up to 12:00 midnight.
( Ord. No. 17-09-327 , § 1, 9-13-2017)
Sec. 20-660. - Amplified sound produced within all zoning districts.
(a) It shall be unlawful to operate or allow operation of any sound amplification to create sounds other
then as set forth in the following table:
Amplified Sound that Impacts Residential Life
Sunday—
Thursday
8:00 a.m.—
9:00 p.m.
Friday—
Saturday
8:00 a.m.—
11:00 p.m.
Any Other
Time
Registering up to 50 db(A)* Permitted Permitted Permitted
Registering 50 db(A) up to 55 db(A)* Permitted Permitted Not
permitted
Registering 55 db(A) or greater* Not
permitted
Not
permitted
Not
permitted
Registering up to 50 db(A) for multifamily uses or other
residential arrangements where boundary lines cannot
be readily determined.**
Permitted Permitted Permitted
Registering 50 db(A) up to 55 db(A) for multifamily uses
or other residential arrangements where boundary lines
cannot be readily determined.**
Permitted Permitted Not
permitted
Registering 55 db(A) or greater for multifamily uses or
other residential arrangements where boundary lines
cannot be readily determined.**
Not
permitted
Not
permitted
Not
permitted
In the public right-of-way, including streets or
sidewalks, or in city parks without having actual on-site
possession of a permit issued by the City of Milton
Police Department registering up to 65 db(A) ten feet or
more from any electromechanical speaker.***
Permitted Permitted Not
permitted
In the public right-of-way, including streets or
sidewalks, or in city parks without having actual on-site
possession of a permit issued by the City Milton Police
registering 65 db(A) or greater ten feet or more from any
electromechanical speaker.***
Not
permitted
Not
permitted
Not
permitted
The use of mobile amplification registering up to 60
db(A) ten feet or more from the equipment. Permitted Permitted Not
permitted
The use of mobile amplification registering 60 db(A) or
greater ten feet or more from the equipment.
Not
permitted
Not
permitted
Not
permitted
* As measured anywhere within the boundary line of the nearest residentially occupied property.
** As measured from any point within the interior of another residential unit in the same complex or within
the boundary line of the nearest residentially occupied property.
***Sound amplification equipment may not be operated more than ten feet off the ground. In addition to the
person operating or allowing the operation of sound amplification equipment in violation of this subsection,
the person to whom the permit was issued must be present at the location and during the times permitted
and shall be liable for any and all violations.
(b) The limitations on the operation of sound amplification equipment in [section] 20-660(a) shall not apply
to the operation of horns, sirens, or other emergency warning devices actually being used in
emergency circumstances, or to the operation of sound amplification equipment regulated pursuant to
section 20-661.1 or in accordance with a permit issued pursuant to section 20-661.
( Ord. No. 17-09-327 , § 1, 9-13-2017)
_____
Sec. 20-661. - Permits for additional amplification for residential or commercial uses.
(a) [Permit required.] In order to exceed the sound amplification on private property in section 20 -660, a
permit for additional amplification is required.
(b) Application. An application for a permit for additional amplification on private property under this
section shall be submitted to the City of Milton Police Department at least one business day but no
more than thirty calendar days in advance of the planned use. Specify the proposed location of the
sound amplification equipment and the date and time that the sound ampli fication will begin and end.
Permits shall be issued on a first come, first served basis. A permit shall not be issued for a location
that is within 100 feet of another location for which a permit has been issued for the same time. The
application shall designate and provide contact information for an individual person who shall be in
control of the sound amplification equipment and ensure that its use complies with the terms of the
permit. Activities regulated under section 20-660(a) and section 20-661.1 shall not be eligible for an
additional amplification permit under this section.
(c) Notice of tentative approval. When the application meets all necessary requirements, the City of Milton
Police Department shall notify applicant of tentative approval, the applicant for a permit shall be
responsible for giving written notice of the name, nature, date, and time period of the event, and the
name of and contact information for the permit holder to the occupants of each property within 1,000
feet of the property for which the permit has been granted. The notice shall be hand delivered to each
occupant or, if the occupant is unavailable, affixed to the front door of the building or business or
residential unit at least 72 hours in advance of the event. The permit shall not be actually granted and
issued until the applicant submits an affidavit to the City of Milton Police Department that such notices
have actually been so delivered.
(d) Limits on hours. Permits for additional amplification at a property, or adjacent properties under
common ownership, shall be limited to 15 hours in a calendar year. Permits issued pursuant to this
section may allow additional amplification only between 8:00 a.m. and 9:00 p.m. Sunday through
Thursday and between 8:00 a.m. and 11:00 p.m. on Friday or Saturday.
(e) Sound limits. In no event shall a permit be granted which allows the creation of sounds registering
more than 70 db(A) anywhere within the boundary line of residentially occupied property.
(f) Denial; issuance of exceptional permit. If an applicant has been denied a permit under this section and
believes the denial is illegal by virtue of applicable state or federal law, he shall promptly submit a copy
of the denied permit application together with a short statement of the reasons he believes he is entitled
to a permit to the city manager or his designee. The city manager or his designee shall have the
discretion to grant an exceptional permit waiving locational, time, and/or db(A) requirements, upon his
determination that the applicant has made a substantial showing of legal entitlement. Any such request
for exceptional permit shall be submitted within seven calendar days to the City of Milton Police
Department.
(g) Violation. It shall be unlawful to violate the restrictions or requirements of this section or the terms of
a permit issued pursuant to this section.
( Ord. No. 17-09-327 , § 1, 9-13-2017)
Sec. 20-661.1. - Outdoor amplification and music at commercial establishments.
(a) It shall be unlawful for any commercial establishment (including but not limited to a restaurant, bar, or
nightclub) to operate or allow the operation of sound amplification equipment o ut of doors or directed
out of doors or to allow live acoustic music out of doors or directed out of doors other than during the
times listed below or so as to create sounds registering in excess of:
(1) 85 db(A) Sunday through Thursday between 8:00 a.m. and 9:00 p.m.;
(2) 60 db(A) Sunday through Thursday between 9:00 p.m. and 2:00 a.m. the following day;
(3) 85 db(A) Friday or Saturday between 8:00 a.m. and 11:00 p.m.; or
(4) 60 db(A) between 11:00 p.m. and 2:00 a.m. the following day.
For purposes of this section, hotels, motels, other short-term accommodations shall be considered
residentially occupied property.
(b) The decibel limits prescribed in this section shall be measured at the property line of the commercial
property at which the sound is being generated.
(c) An establishment that has been determined to be non-cooperative pursuant to section 20-661.2(e)
shall be subject to enhanced civil penalties pursuant to section 20 -663 and, after two violations of this
section within one year after having been determined to be non-cooperative, shall not operate or allow
the operation of sound amplification equipment out of doors or directed out of doors or allow live
acoustic music out of doors or directed out of doors for a period of 18 months af ter the second violation.
The 18-month prohibition shall apply to the establishment and the property on which the establishment
is located.
( Ord. No. 17-09-327 , § 1, 9-13-2017)
Sec. 20-661.2. - Chronic commercial noise.
(a) The purpose of this section is to establish a collaborative process through which the city and a
business that has been identified as a chronic source of objectionable noise (i.e ., "chronic noise
producer") will develop and implement a noise mitigation plan intended to bring the noise to acceptable
levels. A chronic noise producer is an establishment that, because of the sound generated by or at the
business, is an annoyance to adjacent or nearby residences, lodgings, schools, businesses, or other
places where people may congregate with a reasonable expectation of undisturbed activity.
(b) The chief of police (or designee) shall determine a commercial business as a "chronic noise producer"
as described in subsection (a) above. In making such a designation, the chief of police shall take into
consideration the following factors:
(1) The number and frequency of valid noise complaints;
(2) The proximity and physical relationship between the business and complaining locations;
(3) The severity of sound events, both observed or measured;
(4) The times and days of the week of sound events;
(5) The business' history of cooperation and efforts to alleviate the problem; and
(6) The history and context of the location, including whether the sound producing activity predates
the occupation of the complaining locations and whether the sound producing location is located
in what is generally recognized as an entertainment area.
Upon designation, the chief of police shall inform the business in writing that it has been designated a
chronic noise producer and refer the business to the City of Milton Mayor and City Council along with the
information that established the basis for the designation.
(c) Upon receiving a chronic noise producer referral, the City of Milton Mayor and City Council shall
schedule a mandatory initial meeting based on its next regularly scheduled meeting with the business
that it has been designated a chronic noise producer. At the initial meeting, the City of Milton Mayor
and City Council and the business shall review the information that formed the basis for the designation
and any evidence or information concerning the complained of noise provided by the business.
Following the initial meeting, the City of Milton Mayor and City Council shall determine whether a
mitigation plan is warranted in order to protect public health, safety and welfare. If the City of Milton
Mayor and City Council determines that a mitigation plan is not warranted, it shall notify the business
and the City of Milton Police Department of that determination and no further action shall be taken
under this section.
(d) If the City of Milton Mayor and City Council determines that a mitigation plan is warranted, the City of
Milton Mayor and City Council and the business shall together develop and sign a noise mitigation
plan. The plan may include, among other things:
(1) Restrictions on days of week or hours of noise producing activity;
(2) Placement, orientation, and operation of sound producing activity or equipment;
(3) Structural changes including but not limited to sound attenuation and baffling;
(4) Self-monitoring and reporting requirements;
(5) A schedule for implementation; and
(6) A schedule for review for possible revision or termination of the plan.
(e) In the event that a business designated as a chronic noise producer: (i) fails or refuses to participate
in good faith in the development of a noise mitigation plan; (ii) refuses to agree to a noise mitigation
plan; or (iii) fails to implement or comply with an agreed to noise mitigation plan, the City of Milton
Mayor and City Council may designate the business as non-cooperative and shall notify the business
and City of Milton Police Department of that determination. Should a business designated as non-
cooperative cure the basis for the designation, the City of Milton Mayor and City Council shall remove
the designation and notify the business and City of Milton Police Department of that determination.
(f) In the event that a noise enforcement action is taken against a business that has been designated a
chronic noise producer, evidence regarding the business' participation in the development and
implementation of and compliance with the noise mitigation plan shall be relevant to any prosecution
or administrative or judicial review or appeal of the enforcement action. Specifically, the business'
participation and compliance shall be a mitigating factor and may, but is not required to be a justification
for dismissing the enforcement action. A business that has been designated by the City of Milton Mayor
and City Council as non-cooperative shall not be entitled to the benefits of this subsection unless the
designation has been removed.
(g) Appeals. A business that has been designated a chronic noise producer or non -cooperative may
appeal such designation within ten days after receiving notice of such designation. Appeals shall be
heard by the city manager or the city manager's designee who shall not be an employee of the City of
Milton Police Department or member of the City of Milton Mayor and City Council. The appellant shall
have the right to present evidence at said hearing. A ruling on appeal is subject to review in the superior
court of Fulton County by proceedings in the nature of certiorari. Any petition for writ of certiorari for
review shall be filed with the clerk of superior court within 30 days after notice of the decision has been
sent to the appellant.
( Ord. No. 17-09-327 , § 1, 9-13-2017)
Sec. 20-662. - Animals.
(a) It shall be unlawful for any person to own, keep or have in his possession, or harbor, any animal which
howls, yelps, barks or produces other similar noises uninterruptedly or almost uninterruptedly for more
than 15 minutes in duration.
(b) No person shall act in such a manner as to create noise or sounds that would knowingly cause anim als
significant distress. Such noise or sounds shall include, but not be limited to, shooting of firearms; use
of any combustible or explosive composition, substance or combination of substances; racing of
engines and blasting music.
( Ord. No. 17-09-327 , § 1, 9-13-2017)
Sec. 20-663. - Motor vehicles.
It shall be unlawful to operate or allow the operation of any motor vehicle in the city:
(1) Which has had its muffler-exhaust and/or other noise-control equipment removed, altered or
maintained in such disrepair as to create unreasonably loud and disturbing noises.
(2) By engaging in jackrabbit starts, spinning tires, racing engines, or other operati ons which create
unreasonably loud and disturbing noises.
(3) Off the boundaries of a public street for racing or other operations which create unreasonably
loud and disturbing noises.
( Ord. No. 17-09-327 , § 1, 9-13-2017)
Sec. 20-664. - Consumer fireworks.Reserved.
There shall be no use of consumer fireworks which creates unreasonably loud or disturbing noises
use between the hours of 9:01 p.m. and 9:59 a.m. except on January 1, the last Saturday and Sunday of
May, July 3 and July 4, the first Monday of September and December 31 until 11:59 p.m. and into January
1 ending at 1:00 a.m.
( Ord. No. 17-09-327 , § 1, 9-13-2017)
Sec. 20-665. - Penalty.
Any person found guilty of violating any provision of this article shall be punished in a mann er
consistent with the general penalty set forth in section 1 -5. A violation of a continuing nature, each day
during which it occurs, shall constitute an additional, separate and distinct offense.
( Ord. No. 17-09-327 , § 1, 9-13-2017)
Sec. 20-666. - Applicability.
In the event there is a conflict between this ordinance [from which this article derives] and any other
provision of the Milton Code, the m ore restrictive noise-based performance standard shall control; except,
in the event there is a special use permit containing a noise-based performance standard, the standard in
that special use permit shall control.
( Ord. No. 17-09-327 , § 1, 9-13-2017)
Sec. 20-667. - Variances.
(a) Variances to any numerical requirements of this article may be granted by the director of community
development to any person, upon application, if findings are made by the director that the immediate
compliance with such requirement cannot be achieved because of special circumstances rendering
immediate compliance unreasonable in light of economic or physical factors, encroachment upon an
existing noise source or because of the non-availability of feasible technology or control methods.
(b) Any such variance or renewal thereof shall be granted by the director of community development only
for the minimum time period found to be necessary under the facts and circumstances. The director of
community development shall provide in writing the reason for the variance, the starting and ending
time of the variance or other pertinent information as to enforce the approved variance.
( Ord. No. 17-09-327 , § 1, 9-13-2017)
Secs. 20-668-20-742. - Reserved
Mw
j V 'TONII�
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: July 5, 2018
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Resolution to Dissolve the Milton Cultural
Arts Committee (MCHC) and to Recognize the Work of Its
Members
MEETING DATE: Monday, July 9, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: („VAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (,�I'ES () NO
CITY ATTORNEY REVIEW REQUIRED: (4,"'ES () NO
APPROVAL BY CITY ATTORNEY: (,,/APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: o7l69I tut8
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: Sarah LaDart, Economic Development Manager
Date: Submitted on June 15, 2018 for the July 9, 2018 Regular City Council
Meeting.
Agenda Item: Consideration of a Resolution to Dissolve the Milton Cultural Arts
Committee (MCAC) and to Recognize the Work of Its Members
_____________________________________________________________________________________
Department Recommendation:
Approve.
Executive Summary:
In October 2016, City Council voted to form the Milton Cultural Arts Committee (MCAC)
with their purpose being to advocate for, promote, and participate in the selection and
interpretation of Cultural Art work and Cultural Arts events, to encourage local
exploration, generate civic pride, showcase local artists, and increase tourism for the City
of Milton.
In January Bill Purdie, the Chairman of MCAC, spoke to Council regarding their desire to
seek 501(c)3 status and asked for funding to do so; that request was not approved. Since
then, the seven committee members that were selected by Council independently
funded the creation of the Milton Arts Council (MAC), a 501(c)3. Their purpose is almost
identical to that of MCAC and the group is committed to maintaining a positive
relationship with the City and continuing to work to the betterment of the arts in the City
of Milton; they have gone so far as creating a non-voting seat on their board specifically
for a City of Milton staff representative. The main force behind becoming a 501(c)3, was
the more vast access to grants and funding opportunities as a non-profit than as a city
committee.
In the short time MCAC has been in existence, they produced a successful Milton’s Got
Talent competition that was the opening act for the Beach Bash at Bell. One of the
singers from that competition has performed for the City at a couple of events including
Memorial Day. They have also partnered with the Literary Festival committee and that
group has agreed to fall under MAC’s 501(c)3.
From the beginning, it was staff’s vision that our purpose would be to bring together a
group of local art enthusiast and present them with their mission and our vision. To us,
their commitment to Milton arts in the formation of this 501(c)3 is a complete success.
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Paul Frickey, Jarrard & Davis, LLC (July 3 , 2018)
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
Resolution.
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. ______
A RESOLUTION TO DISSOLVE THE
MILTON CULTURAL ARTS COMMITTEE (MCAC)
AND TO RECOGNIZE THE WORK OF ITS MEMBERS
THE COUNCIL OF THE CITY OF MILTON HEREBY RESOLVES while in regular
session on the ____ day of July, 2018 as follows:
WHEREAS, the Milton Cultural Arts Committee (“MCAC”) was formed in 2016
pursuant to authority contained in Section 2-156 of the City of Milton Code of
Ordinances (“Code”) with the stated mission being “to advocate for, promote, and
participate in the selection and interpretation of Cultural Art work and Cultural Arts
events, to encourage local exploration, generate civic pride, showcase local artists,
and increase tourism”; and
WHEREAS, the seven individuals that were selected by the City Council to serve
as MCAC Board members independently formed and funded the creation of the
Milton Arts Council, a 501(c)(3) qualified entity to serve virtually the same mission
as the MCAC; and
WHEREAS, the City Council finds that the mission of the MCAC will be served
by the Milton Arts Council without the need for the MCAC;
NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF
MILTON, GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY
COUNCIL as follows:
1. The City Council expresses its sincere appreciation to the current and former
members of the MCAC for their dedicated service to the City and the plans for its
future.
2. The City Council expresses its pleasure with and appreciation for the citizens that
appeared at MCAC meetings and provided input to the MCAC.
3. The City Council now, hereby, dissolves the MCAC and releases its members from
any further obligations with respect thereto.
RESOLVED this ___ day of July, 2018.
Approved:
_______________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk