HomeMy WebLinkAboutAgenda Packet - CC - 03/02/20202006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US
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678.242.2500.
Joe Lockwood, Mayor
CITY COUNCIL
Peyton Jamison
Paul Moore
Laura Bentley
Carol Cookerly
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall
Monday, March 2, 2020 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Matt Marietta
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. 20-058)
5)PUBLIC COMMENT (General)
6)CONSENT AGENDA
MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 2, 2020
Page 2 of 5
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678.242.2500.
1. Approval of the January 6, 2020 Regular City Council Meeting
Minutes.
(Agenda Item No. 20-059)
(Sudie Gordon, City Clerk)
2. Approval of the January 22, 2020 Regular City Council Meeting
Minutes.
(Agenda Item No. 20-060)
(Sudie Gordon, City Clerk)
3. Approval of the February 3, 2020 Regular City Council Meeting
Minutes.
(Agenda Item No. 20-061)
(Sudie Gordon, City Clerk)
4. Approval of a Professional Services Agreement between the City of Milton
and CPS HR Consulting for an Employee Engagement Survey.
(Agenda Item No. 20-062)
(Sam Trager, Human Resources Director)
5. Approval of a Professional Services Agreement between the City of Milton
and All Termite and Pest Control, LLC (dba All Exterminating) to Provide
Pest, Termite and Rodent Control Services.
(Agenda Item No. 20-063)
(Jim Cregge, Parks & Recreation Director)
6. Approval of a Construction Services Agreement between the City of
Milton and American Property Restoration Inc. for the Demolition and
General Property Cleanup of Debris Left by Homeowner of the Structure
Located at 15270 Hopewell Road.
(Agenda Item No. 20-064)
(Robert Drewry, Public Works Director)
7. Approval of Subdivision Plats and Revisions:
Name of Development /
Location Action Comments /
# lots
Total
Acres Density
1. Louis Reynaud
LL 184
16530 Hopewell Road
Minor Plat Create 3
Lots 3.0 1 Lot / acre
(Agenda Item No. 20-065)
(Parag Agrawal, Community Development Director)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 2, 2020
Page 3 of 5
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7) REPORTS AND PRESENTATIONS
1. Recognition of Graduating CERT team.
(Robert Edgar, Fire Chief)
2. Discussion of Former Milton Country Club Property
Buffers.
(Parag Agrawal, Community Development Director)
8) FIRST PRESENTATION (None)
9) PUBLIC HEARING (None)
10) ZONING AGENDA
1. Consideration of ZM20-02/VC20-02 at 15260 Hopewell Road by Chris
Sedgwick to revise conditions 2a, 3a, 3g and to request to delete
conditions 3b and 3c [H (Historic) RZ12-15] to construct additional parking
on the site. Concurrent variance to Sec. 64-2455 – To allow application for
a Certificate of Appropriateness to be considered by the Design Review
Board instead of the Historic Preservation Commission.
(Agenda Item No. 20-043)
(First Presentation at February 19, 2020 City Council Meeting)
(Parag Agrawal, Community Development Director)
2. Consideration of RZ20-01 Definitions.
(Agenda Item No. 20-044)
(First Presentation at February 19, 2020 City Council Meeting)
(Sarah LaDart, Economic Development Manager)
3. Consideration of RZ20-02 Sec. 64-395, Uses Prohibited in All Districts.
(Agenda Item No. 20-045)
(Sarah LaDart, Economic Development Manager)
4. Consideration of RZ20-03 Sec. 64-752(1), Mixed Use District Permitted Uses.
(Agenda Item No. 20-046)
(First Presentation at February 19, 2020 City Council Meeting)
(Sarah LaDart, Economic Development Manager)
5. Consideration of RZ20-04 Sec. 64-775(1), Sec. 64-775(2), Permitted and
Accessory Uses in C-1 (Community Business) District.
(Agenda Item No. 20-047)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 2, 2020
Page 4 of 5
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678.242.2500.
(First Presentation at February 19, 2020 City Council Meeting)
(Sarah LaDart, Economic Development Manager)
6. Consideration of RZ20-05 Sec. 64-798(1), Sec. 64-798(2) Permitted and
Accessory Uses in C-2 (Commercial) District.
(Agenda Item No. 20-048)
(First Presentation at February 19, 2020 City Council Meeting)
(Sarah LaDart, Economic Development Manager)
7. Consideration of RZ20-06 Sec. 64-895(1), Sec. 64-895(2) Permitted and
Accessory Uses in Community Unit Plan (CUP) District.
(Agenda Item No. 20-049)
(First Presentation at February 19, 2020 City Council Meeting)
(Sarah LaDart, Economic Development Manager)
8. Consideration of RZ20-07 Sec. 64-1112, Allowed Use Chart.
(Agenda Item No. 20-050)
(First Presentation at February 19, 2020 City Council Meeting)
(Sarah LaDart, Economic Development Manager)
9. Consideration of RZ20-08 Sec. 64, Article XIX, Crabapple Form Based
Code, 6-1 Definitions, Table 9.
(Agenda Item No. 20-051)
(First Presentation at February 19, 2020 City Council Meeting)
(Sarah LaDart, Economic Development Manager)
10. Consideration of RZ20-09 Sec. 64, Article XX, Deerfield Form Based Code,
6-1 Definitions, Table 10.
(Agenda Item No. 20-052)
(First Presentation at February 19, 2020 City Council Meeting)
(Sarah LaDart, Economic Development Manager)
11) UNFINISHED BUSINESS
12) NEW BUSINESS
1. Consideration of a Resolution Approving the 2020 Update for the Milton
Local Emergency Operations Plan.
(Agenda Item No. 20-066)
(Matt Marietta, Emergency Manager & Deputy Fire Chief)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 2, 2020
Page 5 of 5
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678.242.2500.
2. Consideration of a Professional Services Agreement between the City of
Milton and CPL Architects, Engineers, Landscape Architect and Surveyor,
D.P.C. (P.C.) for Crabapple Streetscape Planning and Design.
(Agenda Item No. 20-067)
(Robert Drewry, Public Works Director)
3. Consideration of a Resolution of the City of Milton Opposing House Bill 523,
Restricting Local Governments From Prohibiting Short Term Rentals in
Residential Districts.
(Agenda Item No. 20-068)
(Ken Jarrard, City Attorney)
13) MAYOR AND COUNCIL REPORTS
STAFF REPORTS
Department Updates
1. Public Works
2. Fire
3. Economic Development
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 20-069)
MILTON*t
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: February 26, 2020
FROM: Steven Krokoff, City Managea
AGENDA ITEM: Approval of a Professional Services Agreement between the
City of Milton and CPS HR Consulting for an Employee
Engagement Survey.
MEETING DATE: Monday, March 2, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (.JVA'PPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (OYES () NO
CITY ATTORNEY REVIEW REQUIRED: (IVES () NO
APPROVAL BY CITY ATTORNEY: (,,;/APPROVED
PLACED ON AGENDA FOR: 0 3l6zI u u.
() NOT APPROVED
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us
0000
MILTON*
ESTABLISHED 2006
To: Honorable Mayor and City Council Members
From: Sam Trager, Director of Human Resources
Date: Submitted February 25, 2020 for the March 2, 2020 Regular City
Council Meeting
Agenda Item: Approval of a Professional Services Agreement between the City of
Milton and CPS HR Consulting for an Employee Engagement
Survey.
Project Description: CPS HR Consulting will coordinate an employee engagement
survey for all our employees. They will analyze responses and make recommendations
for changes to improve employee engagement.
Procurement Summary:
Purchasing method used: Professional Services
Account Number: 100-1540-521200000
Requisition Total: $10,500
Vendor DBA: CPS HR Consulting
Financial Review: Bernadette Harvill, February 25, 2020
Legal Review: Sam VanVolkenburgh, Jarrard & Davis, February 20, 2020
Concurrent Review: Steve Krokoff
Attachment: Professional Services Agreement
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 into@cityofmiltonga.us I www.cityofmiltonga.us
M I LT
FS A6LISIIED a06
PROFESSIONAL SERVICES AGREEMENT — SHORT FORM
Employee Engagement Survey
This Professional Services Agreement ("Agreement") is made and entered into thisday of 1 20
(the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of
Georgia, acting by and through its governing authority, the Mayor and City Council, located at 2006 Heritage Walk, Milton,
Georgia 30004 (hereinafter referred to as the "City"), and Cooperative Personnel Services dba CPS HR Consulting, a
California Joint Powers Authority, having its principal place of business at 2450 Del Paso Rd, Suite 220, Sacramento CA
95934 (herein after referred to as the "Consultant"), collectively referred to herein as the"Parties."
WITNESSETH:
WHEREAS, City desires to retain a consultant to provide services in the completion of a Project (defined below); and
WHEREAS, Consultant 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 this Agreement; and
NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements
and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby
acknowledged, the Parties do mutually agree as follows:
Section 1. Agrtcuupl, The Agreement shall consist of this Professional Services Agreement and each of the Exhibits
hereto, which are incorporated herein by reference, including:
Exhibit "A" — Scope of Work
Exhibit "B" — RESERVED
Exhibit "C" — Contractor Affidavit
Exhibit "D" — Subcontractor Affidavit
In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most
beneficial to the City, as determined by the City in its sole discretion, shall govern.
Section 2. The Work_ A general description of the Project is as follows: administration of an employment engagement
survey process (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. Unless otherwise stated in Exhibit "A", the Work includes all material, labor, insurance, tools, equipment,
machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary
to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically
described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of
the contemplated services or are otherwise necessary for proper completion of the Work.
Section 3. Contract Term., Termination. Consultant understands that time is of the essence of this Agreement and
warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the
progress of the Work. 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 September 30, 2020 (provided that certain obligations will
survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon
providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant's breach of this
Agreement, City shall pay Consultant for Work performed to date in accordance with Section 5 herein. The parties
acknowledge that because the Agreement will terminate within a year of the date of execution and can be terminated by the
City for convenience, it is not intended to be a "multi-year" purchase under O.C.G.A. § 36-60-13(a).
Section 4. Work Changes. Any changes to the Work requiring an increase in the Maximum Contract Price (defined
below) shall require a written change order executed by the City in accordance with its purchasing regulations.
Section 5. Comnensation and Method of Payment. The total amount paid under this Agreement as compensation
for Work performed and reimbursement for costs incurred shall not, in any case, exceed $16,000 (the "Maximum Contract
Price.") The Consultant shall be compensated the flat fee of $10,500.00 for the standard services as outlined in Exhibit
"A". Should budgetary funding allow, and the City so choose, the City's Human Resources Director will notify the
Consultant in writing to provide certain Optional Services for conducting action -planning workshops and this Agreement
authorizes the Human Resources Director to order Optional Services not to exceed $5,500.00 based on pricing as outlined
in Exhibit "A". The compensation for Work performed shall be based upon the flat fees quoted in Exhibit"A".
City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the
Work was actually performed and costs actually incurred in accordance with the Agreement. No payments will be made
for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be
paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed. Invoices shall
be submitted in accordance with the timeline set forth in the "Fees" Section of Exhibit "A".
Section 6. Covenants of Consultant.
A. Locenaes. Certification and Permits. Consultant covenants and declares that it has obtained all diplomas,
certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local
boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under
this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the
Work described in this Agreement.
B. F.xnertise of Consultant: City's Reliance on the Work. Consultant acknowledges and agrees that City does not
undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for
Consultant's Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability
or correctness of Consultant's performance. Consultant acknowledges and agrees that the acceptance or approval of Work
by 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 Consultant of the responsibility for adequacy, fitness, suitability, and correctness
of Consultant's Work under professional and industry standards.
C. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in
order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City,
but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any
information provided by City is erroneous, inconsistent, or otherwise problematic.
D. Consultant's RenresCntatiye: Meetings. Bob Lavigna shall be authorized to act on Consultant's behalf with
respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party
of any written notice requirements set forth elsewhere in this Agreement. Consultant shall meet with City's personnel or
designated representatives to resolve technical or contractual problems that may occur during the Term of this Agreement
at no additional cost to the City.
E. Assignment of Agreement Consultant covenants and agrees not to assign or transfer any interest in, or delegate
any duties of, this Agreement, without the prior express written consent of the City.
F. Regponsihility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume
all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages
directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant
to this Agreement. Consultant shall defend, indemnify and hold harmless City and City's elected and appointed officials,
officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers
(individually an `Indemnified Party" and collectively "Indemnified Parties'-') from and against any and all claims, suits,
actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited
to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent
or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any
subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions
Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party
indemnified hereunder, provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or
result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or
utilized by the Consultant in the performance of this Agreement. This obligation shall not be construed to negate, abridge,
or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person
described in this provision. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive
expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions
that occurred during the performance of this Agreement.
G. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business
and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Consultant agrees
to be solely, responsible for its own matters relating to the time and place the Work is performed and the method used to
perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and
payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security,
withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give
City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of
control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the
results of such services only. Inasmuch as City and Consultant are independent of each other, neither has the authority to
bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly
agreed to in writing signed by both Parties. Consultant agrees not to represent itself as City's agent for any purpose to any
party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so,
and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts
or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent ofCity.
IL Tncurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement,
commercially reasonable policies of insurance to cover liability associated with performing the Work.
I. Rpnlovment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City
shall not enter into a contract for the physical performance of services unless:
(1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits
regarding compliance with the &Verify program to be swom under oath under criminal penalty of false swearing
pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have registered with, are authorized to
use and use the federal work authorization program commonly known as P Verify, or any subsequent replacement
program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that
they will continue to use the federal work authorization program throughout the contract period, or
(2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a
company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing.
Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which
is provided in Exhibit "C", and submitted such affidavit to City or provided City with evidence that it is an individual not
required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above.
Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of
1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of labor Rale 300-10-1-.02.
In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant
agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and
Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as
Exhibit I'D", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that
the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as
noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy
to City within five (5) business days of receipt from any subcontractor. Consultant and Consultant's subcontractors shall
retain all documents and records of their respective verification process for a period of five (5) years following completion
of the contract.
Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only
required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.1
500 or more employees.
X 100 or more employees.
—Fewer than 100 employees.
Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with
this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant
will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is
applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law,
and shall be construed to be in conformity with those laws.
J. Ethics Code: Conflict of interest. Consultant 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. Consultant certifies that to
the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Consultant and
City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for
any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than
nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation,
or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or
procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or
application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program
requirement or a contractor subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge
that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under
a contract to the prime Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for
the award of a subcontract or order.
K. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will
protect the confidentiality ofany such confidential information and will require any of its subcontractors, consultants, and/or
staff to likewise protect such confidential information.
L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares
that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited
partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, ifapplirable.
M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other
materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work
to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies
of all Materials in the form prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned
to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment.
Notwithstanding the foregoing, Consultant retains ownership of any and all of its intellectual property rights that existed
prior to the Effective Date including, but not limited to, all methods, concepts, designs, reports, programs, and templates
as well as al training materials, testing or assessment products, survey products, survey tool, and copyright -able works.
N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during
performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against
any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief,
political affiliation, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable
implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated
under this Agreement.
0. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requites the
Consultant to prepare, develop, or draft specifications or requirements for a solicitation (including bids, requests for
proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or
negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict-
of-interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material
transaction or relationship, including, but not limited to, that of the Consultant, the Consultant's employees, or the
Consultant's agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not
limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships,
or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently
discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or
threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in
addition to all other legal remedies.
Section 7.
A. Entire AgreeMentl Counterparts: Third Party Rights. This Agreement, including any exhibits hereto,
constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral 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 an original, but all of which taken together shall constitute one and the same
instrument. This Agreement shall he exclusively for the benefit of the Parties and shall not provide any third parties with
any remedy, claim, liability, reimbursement, cause of action or other right.
B. Governing Law: Business License: Proper Execution. This Agreement shall be governed by and construed in
accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to
this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern
District of Georgia—Atlanta Division, and Consultant submits to the jurisdiction and venue of such court During the Tenn
of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no
such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality
ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes,
ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements
and Georgia's Open Records Act (O.C.G.A. § 50-18-71, el seg.).
C. Captions and Ceverabilitv..All headings herein are intended for convenience and ease of reference purposes only
and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement.
1
D. LNotoceS. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in
writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after
the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual deliverywhen
sent via national overnight commercial carrier to the Party at the address first given above or at a substitute address
previously furnished to the other Party by written notice in accordance herewith.
E. Waiver: Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one
specified in such waiver, and that one only for the time and manner specifically stated. Nothing contained in this Agreement
shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official
immunities.
F. Agreement Construction and Interpretation: Invalidity of Provisions: Severability. Consultant represents
that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors
herein. The Parties agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed
as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting
one or more provisions of the Agreement. In the interest of brevity, the Agreement 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. Ratification of this Agreement by a majority
of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City.
IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first
above written.
CONSULTANT: Cooperative Personnel Services dba CPS HR Consulting
Signature's i(aJ(llt ] O b)A)r .
t
Print Name: Sandy MacDonald -Hopp
Title: Chief Financial Officer
Attest/Witness:
•AMPT. � �,
Print Name: Dimple Patel
Title: Contracts Coordinator
(Assistant) Corporate Secretary (required if corporation)
CITY OF MILTON, GEORGIA RATIFIED BY COUNCIL
By: Steven Krokoff, City Manager
Attest:
Signature:
Print Name:
Title: City Clerk
Approved as to form:
City Attorney
ril
By: Joe Lockwood, Mayor
[CITY SEAL]
PROPOSAL
M I LTO N "4rr
EST 2006
City of Milton, Georgia
Employee Engagement Survey Services 2019
July 12, 2019
SUBMITTED BY
Robert J. Lavigna
Director
Institute for Public Sector
Employee Engagement
CPS HR Consulting
608-395-8472
rlavigna®cpshr.us
Tax ID: 68-0067209
Your Path to Performance
City of Milton, Georgia
Employee Engagement Survey Services 2019
July 12, 2019
Mr. Sam Trager
Director of Human Resources
City of Milton, Georgia
Dear Sam:
CPS HR Consulting is pleased to submit this proposal to work with the City of Milton to administer an
employee engagement survey process. This initial proposal is based on our recent discussion. If you
choose CPS HR, we will submit a final proposal with any options you select.
CPS HR is a self-supporting government agency that specializes in addressing the unique challenges faced
by other government agencies. We understand the context and environment of government and have
been a trusted advisor to our public -sector clients for more than 31 years. With more than 115 full-time
employees and 200 project consultants and technical experts nationwide, CPS HR delivers breakthrough
solutions to our 1,200 clients nationwide that dramatically transform public -sector organizations to
positively impact the communities they serve.
We have also worked with government agencies for more than ten years to design, administer, analyze
the results of— and take action on —employee surveys. This work will be performed by the CPS HR Institute
for Public Sector Employee Engagement", which is led by nationally recognized engagement experts.
CPS HR recognizes the importance of an employee survey process that will support the City's vision,
mission, values and strategic planning. Our process will create baseline and actionable data to enhance
your ability to deliver consistently high-quality services to your stakeholders and attract and retain talent.
CPS HR offers:
■ A singular focus on the public sector, including an understanding of how to drive change in the
unique environment of government;
■ Team members with deep expertise in employee engagement;
■ A proven model for measuring engagement and acting on the results;
■ An engagement survey specifically designed forgovernment; and
■ National benchmark data from our survey of public- and private -sector employees.
We look forward to working with the City of Milton on this important initiative. Please contact me (608-
395-8472 or rlaviRna@cpshr.us) with questions or for more information.
Sinncce`relly, -?y,
/� V• /ar).
Bob Lavigna
Director
� r,a,iK Sector
City of Milton, Georgia
Employee Engagement Survey Services 201.9
Project Understanding
CPS HR understands that the City of Milton wants to survey its approximately 170 employees. This will
be a new phase for the City's employee engagement efforts. The City expects a survey process that
incorporates leading employee survey practices. In addition to the standard survey questions, the City
also wants to include two open-ended questions allowing written responses.
Our understanding is that all City employees will be encouraged to participate, and will be able to
complete the survey online, delivered via email. Employees will complete the survey through their
computers, smart phones or other devices that provide access to employee email.
CPS HR is a self-supporting government agency that specializes in addressing the unique challenges faced
by other government agencies. We recognize the importance of an employee survey process that will
support the City's vision, mission, values, and strategic plans. Our process will create actionable data to
enhance the ability of the City to attract and retain the best talent and deliver consistently high-quality
services to its residents.
This project will be managed by the CPS HR Institute for Public Sector Employee Engagement. The
Institute is devoted to helping public -sector organizations measure and improve engagement and
conducting research to advance the state of knowledge about employee engagement, particularly in the
public sector.
CPS HR frequently works with government agencies to design and administer employee surveys on
engagement, strategic planning, performance management, training, and customer service.
Project Team
The project team members will include Project Director Bob Lavigna, Principal Consultant Janelle Callahan,
and Consultant Andrew Kern. If necessary, we will also assign additional consulting and administrative
support staff.
Bob Lavigna, the founding Director of the Institute, is a national authority on employee engagement. He
is the author of Engaging Government Employees: Motivate and Inspire Your People to Achieve Superior
Performance (American Management Association), the first book to focus exclusively on measuring and
improving engagement in the unique environment of government. Bob has spoken about engagement
throughout the U.S. and abroad.
He was selected as "Public Official of the Year" by Governing Magazine and is an elected Fellow of the
National Academy of Public Administration. In a previous position, as VP -Research for the nonprofit
Partnership for Public Service, he produced the annual "Best Places in the Federal Government" ratings
and rankings. Before joining CPS HR, he was Assistant Vice Chancellor and Director of HR atthe University
of Wisconsin, where he led a strategic initiative to design, administer and act on a series of campus -wide
employee engagement surveys.
Janelle Callahan also led the "Best Places to Work in the Federal Government" research and was a research
Fellow with The Engagement Institute'"', a community of practice that includes public- and private -sector
City of Milton, Georgia
Employee Engagement Survey Services 2019
organizations committed to exploring and improving engagement. She helped found the CPS HR Institute
for Public Sector Employee Engagement and has extensive experience working with local governments
to administer and report on employee surveys.
Andrew Kern has more than 10 years of experience in advanced statistical analyses, data management,
technical reporting, leadership consulting, employee coaching and development, organizational
surveying, strategic planning, focus groups, and assessment centers.
We can provide more detailed resumes separately if requested.
Methodology/Approach
The CPS HR Institute for Public Sector Employee Engagement'" will adapt our employee engagement
model, shown below, to meet the City of Milton's specific needs and requirements. Our approach/work
plan proceeds from our process model.
Employee Engagement Process Model:
Adapted from Engaging Government Employees (American Management Association)
by Bob Lawgna
We believe employee engagement can — and should — be measured. Government organizations should
survey their employees to measure engagement levels, and also understand what drives their employees'
engagement.
Surveying employees is only the start, however. The real payoff is identifying and taking action to improve
engagement. While there is no one -size -fits -all solution to building a high level of engagement, the CPS
HR Institute for Public Sector Employee Engagement'"' will leverage decades of research, experience, and
insights to help guide the City on a path to improved engagement, as described below.
Also, we will not simply apply our model as an off-the-shelf tool. Instead, we will adapt our model and
offer a comprehensive survey question bank to meet your specific needs and requirements. We strive to
forge a long-term partnership with Milton.
In each section below, we outline the steps the CPS HR Institute will take to work with you to plan and
conduct the survey and take action on the results. Because this will be a partnership with the City of
Milton, we also identify the City's role.
1. Finalize and Plan Engagement Survey
After we have a solid understanding of the City of Milton's goals and critical issues, we will work with you
to finalize the survey and the administration process. Our starting point will be the CPS HR Institute for
Public Sector Employee Engagement" Survey, carefully constructed to measure engagement specifically
in the unique environment of the public sector. We will work with you to customize and finalize the survey
City of Milton, Georgia
Employee Engagement Survey Services 2019
to meet your needs, including the demographic questions you select. We will also develop and include
two open-ended questions.
Below, as an illustration, are the questions in our survey that comprise our engagement index.
Employee Engagement Index (five -point response scale: "strongly disagree' to "strongly agree")
■ 1 would recommend my organization as a good place to work
■ I am proud when I tell others I am part of my organization
■ 1 feel a strong personal attachment to my organization
■ My organization inspires me to do the best in my job
■ 1 feel comfortable being myself at work
■ My organization motivates me to help achieve its mission.
We also provide a range of benchmarks, including from our online national survey of the U.S. workforce
that represents a wide range of industries/occupations and geographic locations. This dataset, available
exclusively to our clients, will allow the City of Milton to compare its survey results (overall levels of
engagement and question -by -question results) to the public sector as a whole; as well as to local
government employees, the state and federal government workforces, and private -sector employees.
To design the survey, the Institute will:
• Provide our engagement survey question bank as a starting point.
• Agree with the City on the questions to include in the survey, including up to 10 demographic
questions (e.g., gender, age categories).
• Agree on the two open-ended narrative questions to include in the survey.
• Provide our communication guide and template, which includes communication suggestions and
FAQs, to serve as a basis fora comprehensive communication strategy across the City's workforce.
• Provide instructions for ITto "whitelist" our email invitations to ensure ouremalls are notdiverted
due to SPAM filters or network firewalls.
The City will:
• Identify a single point -of -contact for the Institute who can make, or coordinate, decisions on this
project.
• Work collaboratively with the Institute to finalize the survey, Including deciding on the
demographic and open-ended questions to include.
• Decide on up to 15 breakout reports (e.g., divisions and locations). For smaller units, we will
incorporate their results into the City-wide report. We can also roll up small -unit responses into a
single separate category.
• Provide an Excel file with accurate employee contact information (name, email address and
department/division) for each employee. Any information necessary for the desired breakout
reports also must be included in the contact file or asked as a question in the survey. CPS HR needs
to receive the final contact file and approved survey template one month before the desired
5
City of Milton, Georgia
Employee Engagement Survey Services2oig
launch date. Any subsequent changes to this final contact list — such as additions, deletions or
other edits— may incur additional charges at the rate of $150/hour.
Communicate to employees the cut-off date and who will be included in the survey (e.g., new
employees who began working after the City submits the final contact file will not be included in
the survey).
• Communicate aboutthe upcoming survey by all -staff email and other approaches (e.g., meetings,
posters).
• Work with City IT to "whitelist" our email domain to ensure our email survey invitations with
survey links are not rejected/SPAM filtered.
Conduct the kick-off (pre -survey) meeting
We will conduct a webcast kickoff (pre -survey) meeting with stakeholders you designate. We have also
included pricing for an optional on-site, in-person kickoff meeting, at additional cost.
During the kickoff meeting, we will discuss the survey and survey process. In addition, we can coverwhat
engagement is, why it matters (the business case for engagement), and actions that other public -sector
organizations have taken to improve engagement. We will also emphasize that individual employee
survey responses will be confidential; and the importance of communicating across the entire the City
workforce to achieve a high response rate.
The material we cover will also focus on how improving engagement can help the City deliver the best
possible services to its constituents and stakeholders. Responsibilities to prepare for, and conduct, these
meetings are as follows:
The Institute:
• Review background information (e.g., strategic plan/goals) to inform the meeting agenda.
• Work collaboratively with the City to set the agenda.
• Conduct the kickoff meeting, which will focus on what engagement is, the business case for
improving engagement, examples of actions taken by other public -sector jurisdictions, and the
process the Institute and the City will use to conduct the survey and act on the results.
The City:
• Schedule the meeting, including inviting key leaders and other critical staff.
• Provide background information and feedback to help finalize the agenda.
2. Administer Employee Engagement Survey (Survey Employees)
To administer the survey, the institute will:
• Program and test the survey in SurveyGizmom, our online survey platform. We can provide
technical information/specifications on the survey platform on request.
• Send the online survey invitation and link to all the City of Milton employees. They will be able to
access the survey through desktop computers, mobile devices and smartphones. In the invitation,
City of Milton, Georgia
Employee Engagement Survey Services 2019
we will emphasize that each employee's responses will be confidential. CPS HR assumes all
employees will have access to email and be able to complete the survey online.
• Provide an email address for employees to contact CPS HR with technical problems.
• Monitor and report on response rates during the survey period, and answer employee technical
questions via email. The CPS HR Institute will provide two detailed response rate reports during
the survey administration period, and a final response rate report after the survey closes.
• Send three reminder emails to employees who have not yet responded during the surveyperiod.
The City will:
• Encourage employees to participate and, if necessary, answer any non-technical employee
questions.
• If necessary, make arrangements (e.g., laptops or kiosks) for employees to complete the survey
online.
3. Deliver Survey Results Reports and Provide Recommendations
Our analytical approach applies a range of methods to identify strengths, opportunities for improvement
and recommended actions. The CPS HR Institute will deliver a summary of findings report that includes
City-wide summary scores for level of engagement (i.e., percent of employees who are fully engaged,
somewhat engaged, and not engaged).
The Institute will provide our proprietary benchmarks for overall engagement levels as well as for the
individual questions in our survey. These benchmarks are for internal City use, to compare the views of
City employees to other public- and private -sector employees, including in local government.
Our benchmarks are different from many other engagement survey providers because our benchmarks
are not from our clients. We conduct an annual national poll to provide benchmarks that represent the
views of employees from across the U.S., including in local government.
We will also provide, through our online tool, more detailed question -by -question results (i.e., percent
positive, neutral and negative) for the City overall, and for up to 15 organizational breakouts (e.g.,
departments). To further preserve confidentiality, we will only report results in categories where we
receive at least 10 responses.
Breakout reports with ten or more responses
When we receive ten or more responses within an organizational breakout category (e.g., department),
our tool will allow you to sort and drill down for each report on 1) engagement level results (i.e.,
percentage of employees who are fully engaged, somewhat engaged or not engaged); 2) demographic
results; and 3) each survey question.
The online tool will also allow you to compare results with our benchmarks (including a benchmark for
the City's overall 2019 results that divisions will be able to use to compare their results to). The City will
be able to customize access to these reports by selecting exactly who (e.g., senior leaders, managers) will
have access to each report. The tool will also allow you to download the results to Excel or PDF.
City of Milton, Georgia
Employee Engagement SurveyServiceS2oig
Key drivers
The Institute will use regression analysis to identify the survey questions that have the largest impact (i.e.,
the key drivers) on the City engagement score, as long as there are at least 100 survey responses. We will
provide one key -driver analysis for the entire City of Milton workforce. The key driver results will be
summarized in the PowerPoint overview report and in our online tool, which will allow you to view and
drill down on the key driver questions.
Verbatim questions
In addition, we will compile and report on the responses from up to two open-ended (verbatim) survey
questions. We will report these open-ended responses un -edited with names redacted. Our report will
not include qualitative or content analysis of the written responses. Therefore, we recommend
aggregating comments at the City or department level. You can decide if we should report comments
eitherforthe City overall or by individual department. If the City wishes to conduct its own analysis of the
comments, you may convert our redacted PDF into an Excel file.
Sharing results
We also believe it is important to share results with employees as soon as possible afterthe survey closes.
Therefore, we will work with you to plan how and when to share overall results with employees. We
recommend sharing the City-wide results with employees within six weeks of the survey closingdate.
The Institute will:
• Produce a PowerPoint City-wide overview report.
• Provide access to our dynamic, web -based reporting tool that will allow the City to do deep
dives into question -level results for the City overall.
• Conduct one key -driver analysis to determine which factors and questions have the largest
impact on the City-wide employee engagement score.
v • Produce up to 15 question -level breakout reports, also through our online tool.
• Report the verbatim open-ended survey question responses with only names redacted.
The City will:
• Share the 2019 survey overall results and describe next steps to employees.
• Help protect the Institute's proprietary benchmarks.
4. Present Results
Our analysis and reporting will reveal potential areas for the City to focus on to improve employee
engagement. The Institute will also offer options from our recommendations and resources library,
ranging from no -cost quick wins to more comprehensive solutions. In addition, employees may offertheir
own ideas, through their survey responses.
The Institute will:
Recommend specific actions to improve City-wide employee engagement, from our
recommendations library, linked to the City's overall survey results.
• Present results in a webcast.
City of Milton, Georgia
Employee Engagement Survey Services 2019
• Optional: At additional cost, present results in person.
• Optional: At additional cost, provide recommendations for action for the divisions/work units
identified for breakout reports.
The City will:
• Decide on the actions to improve employee engagement.
5. Provide Follow-up and Ongoing Support to Sustain Engagement
The City may consider highlighting successes or lessons learned from the engagement initiative. The
Institute will support this strategy to sustain momentum and focus on improvement. Improving and
maintaining employee engagement requires a sustained commitment to identify, act on, and evaluate the
actions taken and understand what has, or has not, worked.
Due to the large amount of data and reports that we will deliver, this can seem overwhelming. To help
the City understand and take action on the survey results, we can help you drill down on the survey results
and identify strategies for taking action and improving engagement. Focus groups and action -planning
workshops, described below, can help you understand the results, and take action on them. These are
optional, at additional cost.
Focus Groups
These facilitated sessions allow small groups of employees to provide candid feedback on key areas
highlighted in the survey results as important to the employees' engagement. We will conduct the
sessions, sort the confidentiafresponses into categories and present the results to the City in a PowerPoint
slide deck.
Action -planning Workshops
These facilitated workshops will help City leaders (e.g., City-wide and from the departments) discuss key
survey results and begin to develop action plans. We will collect session worksheets and summarize for
the City's internal use.
The Institute will:
• Provide two hours of telephone consulting on proposed actions, within 60 days of the date we
submit the results reports.
• Optional: At additional cost, plan and conduct up to three onsite focus groups (two-hour sessions,
10-12 employees pergroup, on the same day) to drill down on the results; and submit a summary
PowerPoint report of the discussions.
• Optional: At additional cost, plan and conduct two onsite action -planning workshops (two hours
in length on the same day) with designated City executives and/or implementation teams to help
the City develop specific actions to address issues identified in the survey.
City of Milton, Georgia
Employee Engagement Survey Services 2019
The City will:
• Identify any implementation concerns and how the Institute may help.
• Designate the employees who will participate in the onsite focus groups, if held, and coordinate
scheduling and resources (e.g., participants, dates, locations, AV).
• Designate the employees who will participate in the onsite action -planning workshops, if held,
and coordinate scheduling and resources (e.g., participants, dates, locations, AV).
Qualifications
CPS HR frequently works with government organizations across the nation to design and administer
employee surveys on engagement, strategic planning, performance management, training needs, and
customer service. We have conducted engagement surveys of workforces with more than 10,000
employees. Some examples:
■ City of San Antonio, TX -2018,2019
■ City of Santa Maria, CA -2019
■ City of Riverside, CA -2019
■ City of Ventura, CA -2019
■ California State Controller's Office -2019
■ City and County of Montgomery, AL -2018
■ City of Memphis, TN — 2017, 2018
■ City of Henderson, NV -2018
■ Los Angeles County Department of Human Resources -2018
■ Alameda County, CA Water District -2018
■ State of California Department of Housing and Community Development -2018
■ State of California Department of Water Resources -2018
■ City of Menlo Park, CA -2017
■ City of American Canyon, CA -2017
■ City of Corvallis, OR -2017
■ City of Suffolk, VA -2017
■ Texas Municipal Retirement System -2017
■ Napa, CA Sanitation District -2010, 2011, 2014, 2017
We can provide contact information for our references on request.
10
City of Milton, Georgia
Employee Engagement Survey Services 2039
Project Schedule/Timelines
To deliver exceptional service and successfully conduct the engagement survey, we propose the timeline
of activities listed below. We will begin when we have a signed contract, agree on the survey questions,
and receive the City's list of employees with valid email addresses. The Institute must receive this contact
file one month before the desired launch date. We can launch the survey approximately four weeks after
we receive the file with the required employee contact information, and related planning information.
Our schedule will enable us to work with you to conduct the survey, deliver results reports, support you
to develop an action plan and implementation strategy, act on the plan, and evaluate progress. This
schedule will require close communication between the City and the CPS HR institute, as well as timely
City feedback and approval on survey stages and products. The timeline incorporates a three-week period
for employees to complete the survey, and four weeks to analyze the results and prepare reports.
11
Description
Week N
Phise
• Tailor and finalize survey (with narrative questions) and
1. Finalize and plan engagement
survey process
survey, conduct kick-off
• Develop survey plan and milestones
1-6
meeting
• Provide communication guide and FAQs
• Conduct kick-off webcast/meeting
• Launch survey by sending email invitationswith
individual survey links to all employees
2. Administer survey
• Monitor response rates and send 3 response rate reports
6-8
• Send reminder emails to employees
• Answer employee technical questions via email
• Provide results reports (PowerPoint summary of findings,
overall City report in our online tool, and up to 15
department/work unit question -level breakout reports
through our online tool
3. Deliver results reports and
• Provide 1 City-wide key driver analysis
9-14
recommendations
• Provide customized recommendations for action forthe
City overall
• Report the verbatim responses to theopen-ended
questions
4. Present results
• Present results via webcast (in-person results
is
presentation optional)
S. Provide follow-up and
• Provide 2 hours of telephone consulting onproposed
ongoing support to sustain
actions (within 60 days of when we submit results
16-24
engagement
reports)
• Conduct and report on up to 3 focus groups on same day
6. Optional: Conduct focus
and deliver summary PowerPoint report (optional
groups/action-planning
service)
16-24
workshops
• Conduct up to 2 action -planning workshops on same day
(optional service)
11
City of Milton, Georgia
Employee Engagement Survey Services 2019
Fees
CPS HR will complete this project for a fixed fee of $10,500 for the standard survey services package listed
below (columns in red). We also list costs for additional optional services (columns in green). Travel and
materials are included in all fixed fees. We will bill one-half of the standard services total ($5,250) after
the survey closes, and the remaining amount ($5,250) after we submit reports. We will bill any optional
services after we deliver them.
After the City decides on the services it wishes CPS HRto provide, we will provide a revised proposal that
includes a final list of all services and the total cost. This revised proposal will serve as the final scope of
work and budget to Include in the contract.
I2
City of Milton, Georgia
Employee Engagement Survey Services 1019
Phase
Optional
Standard Services Services
Optional
Services
. Tailor and finalize survey (with narrative
1. Finalize and plan
questions) and survey process
engagement
" Develop survey plan and milestones • Conduct In-person
DDD
survey, conduct
kickoff meeting
kick-off meeting
.provide communication guide and FAQs
a Conduct webcast kickoff meeting
• Launch survey by sending email
invitations with individual survey links to
2. Administer survey.
all employees
N/A
N/A
Monitor response rates and send 3
response rate reports
• Send 3 email reminders to employees
• Provide results reports (PowerPoint
• Deliver additional
• $250/each
summary of findings, overall City report in
breakout reports
our online tool, and up to 15
department/work unit question -level
• Conduct additional
• $600/driver
3. Deliver results
breakout reports through our online tool
key driver analyses
reports and
• Provide 1 City-wide key driver analysis
recommendations
• Provide recommendations for action for
• Provide
• $250/report
the City overall
recommendations
• Report the verbatim responses to the
for action for
open-ended questions
divisions/work units
Identified for
breakout reports
4. Present results
_
• Present results via webcast
• Presents results
on-site
$4,000
5. Provide follow-up
" Provide 2 hours of telephone consulting
and ongoing support
on proposed actions (within 60 days of
N/A
N/A
to sustain
when we submit results reports)
engagement
• Conduct and report
on up to 3 on-site
6. Optional: Conduct
N/A
focus groups per
$5,500
focus groups
day, and deliver
summary
PowerPoint report"
7. Optional; Conduct
• Conduct up to 2 on -
action -planning
N/A
site action -planning
$5,500
workshops
workshops on
same day**
Total
$10,500
TBD
"• If the City chooses to conduct more or fewer than 3 focus groups or 2 action -planning workshops, we will adjust
the price.
MAML =
RESERVED
STATE OF
�'ct.Grr\ el MINI=
COUNTY OF Y—i r 3
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:
i I -f I -10P I
Federal Work Authorization User Identification
Number
02/0512009
Date of Authorization
Cooperative Personnel Services dba CPS Human
Resource Services
Name of Contractor
Employee Engagement Survey
Name of Project
City of Milton. Georgia
Name of Public Employer
1 hereby declare under penalty of perjury that the
foregoing is true end correct.
Executed on 20in
t (city), (state).
SignatureuA Authorized Officer or nt
Printed) ame and Title of AutMAzed Officer or
Agent
SUBSCRIBED AND SV�ORN B
ON THIS THE JDAY OF
Commission E�res:
CALIFORNIA JURAT WITH AFFIANT STATEMENT
GOVERNMENT CODE § 8202
'%See Attached Document (Notary to cross out lines 1-6 below)
❑ See Statement Below (Lines 1-6 to b�pleted only by document signerfs], not Notary)
5
Signature of Document Signer No. t Signature of Document Signer No. 2 (if any)
A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
n
County of^
KATHY ITHU88URN
Notary Public - CtlitornM�dh
a Sacramamo County
= Commission >r 215222a
My Comm. E zm Ma B 2010
Place Notary Seal and/or Stamp Above
Subscribed and sworn to (or affirmed) before me
on this a� qday of , 20,x_,
by Date Month Year
(1) (5,4t , ky'bL� tojL
(and (2)
Nome(s) of Signer(s)
proved to me on the basis of satisfactory evidence to
be the person(�ss))) who appeared before me.
Signature 'g
nature of Notary Public
— - ----- OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
020117 National Notary Association
Number of Pages:
�\lio�'-
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 Cooperative Personnel Services dba CPS Human Resource
Services (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to
use and uses the federal work authorization program commonly known as E -Verify, or any subsequent
replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A.
§ 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization
program throughout the contract period, and the undersigned subcontractor will contract for the physical
performance of services in satisfaction of such contract only with sub -subcontractors who present an
affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the
undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the
contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a
sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned
subcontractor must forward, within five (5) business days of receipt, a copy of the notice to thecontractor.
Subcontractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
1 hereby declare under penalty of perjury that the
Federal Work Authorization User Identification foregoing is true and correct.
Number
Date of Authorization
Name of Subcontractor
Employee Engagement Survey
Name of Project
City of Milton. Georgia
Name of Public Employer
Executed on , 20—in
(city), (state).
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE DAY OF
,20—.
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
All Termite and Pest Control Agreement (dba All
Exterminating) Agreement
is located in a separate link next to
Packet – Agenda.
TO:
FROM:
MILTON*k
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: February 26, 2020
Steven Krokoff, City Manager a)
AGENDA ITEM: Approval of a Construction Services Agreement between the
City of Milton and American Property Restoration Inc. for the
Demolition and General Property Cleanup of Debris Left by
Homeowner of the Structure Located at 15270 Hopewell
Road.
MEETING DATE: Monday, March 2, 2020 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: (U'S'ES () NO
APPROVAL BY CITY ATTORNEY: (ZAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: d 6lu1)'" 2O
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: Matt Fallstrom, Capital Projects Manager
Date: Submitted on February 25, 2020 for the March 2, 2020 Regular City
Council Meeting
Agenda Item: Approval of a Construction Services Agreement between the City
of Milton and American Property Restoration Inc. for the Demolition
and General Property Cleanup of Debris Left by Homeowner of the
Structure Located at 15270 Hopewell Road
_____________________________________________________________________________________
Project Description:
The Contractor will be providing demolition and property cleanup services for the
property located at 15270 Hopewell Rd, Milton GA 30004. This also includes all materials,
labor, and equipment to complete this work.
Procurement Summary:
Purchasing method used: Bid Award-ITB (Over $50,000)
Account Number: 335-4101-541400006
Requisition Total: $21,450.00
Vendor DBA: American Property Restoration, Inc.
Other quotes or bids submitted (vendor/$)
Vendor/Firm Quote/Bid
TriScapes Inc. $22,500.00
Anderson Atlanta, Inc. $48,800.00
Financial Review: Bernadette Harvill, February 25, 2020
Legal Review: Sam VanVolkenburgh – Jarrard & Davis, February 13, 2020
Concurrent Review: Robert Drewry, Public Works Director
Attachment(s): Construction Services Agreement
HOME OF 'T-
MIL
T"
MILII1 0- N
*t
ESTABLISHED 20D6
CONSTRUCTION SERVICES AGREEMENT — SHORT FORM
Demolition Project 15270 Hopewell Road
This Construction Services Agreement (the "Agreement") is made and entered into this _ day of , 202_ (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, Milton,
Georgia 30004 (hereinafter referred to as the "City"), and American Property Restoration Inc, a Georgia corporation
having its principal place of business at 3440 Oakcliff Rd. Suite 124 Doraville, GA, 30340 (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. City Solicitation Documents, attached hereto as "Exhibit A";
B. Contractor Response and 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: The contractor work will consist of
demolition and removal of the house, and cleanup and removal of above ground pool and trash piles located at 15270
Hopewell Road, Milton GA 30004. (the "Project"). The Work to be completed under this Agreement (the "Work") includes,
but shall not be limited to, the work described in the Scope of Work provided in "Exhibit A", attached hereto and
incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water,
heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the
Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some
details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the
specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of
the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall
complete the Work in strict accordance with the Contract Documents.
Section 3. Contract Term; Termination: Contractor understands that time is of the essence of this Agreement and
warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the
progress of the Work. Contractor shall commence Work pursuant to this Agreement 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 ten (10) calendar
Construction Services Agreement I Version 1.0
days of the start date specified in the "Notice to Proceed" (subject to reasonable extension for weather-caused delay).
The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor.
Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for
Work performed to date in accordance with Section 5 herein.
Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price (defined below) shall
require a written change order executed by the City in accordance with its purchasing regulations.
Section 5. Compensation and Method of Payment: The total amount paid under this Agreement as compensation
for Work performed and reimbursement for costs incurred shall not, in any case, exceed $21,450.00 ("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 immediately to the City.
City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that
the Work was actually performed and costs actually incurred in accordance with this Agreement. No payments will be
made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall
Ce paid to Contrac or upon the City's receipt and approval of invoices settmg�ortl—m a ai a or pe Orme an costs
incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the
invoice. A single invoices shall be submitted on completion of the project. The invoice shall be accompanied by a Waiver
and Release upon Final Payment procured by the Contractor from all subcontractors (if any) in accordance with O.C.G.A.
§ 44-14-366.
Section 6. Covenants of Contractor:
A. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would
result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to
the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by
this Agreement. Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any
City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person,
a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval,
disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content
of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in
any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to
any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City
further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -
consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an
inducement for the award of a subcontract or order.
B. Expertise of Contractor; City's Reliance on the Work. The Contractor acknowledges and agrees that the City does
not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no
responsibility for Contractor's Work performed under this Agreement. The City will not, and need not, inquire into
adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the
acceptance or approval of any Work by the City is limited to the function of determining whether there has been compliance
with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for
adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards.
C. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the
City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided
by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or
reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic.
Construction Services Agreement I Version 1.0
D. Contractor's Representative; Meetings. ' : ? Q shall be authorized to act on Contractor's behalf
with respect to the Work as Contractor's designated representative. Contractor shall meet with City's personnel or
designated representatives to resolve technical or contractual problems that may occur during the term of this Agreement at
no additional cost to City.
E. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business
and agrees to perform the Work as an independent contractor. The Contractor agrees to be solely responsible for its own
matters relating to the time and place the Work is performed and the method used to perform such Work; the
instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring and payment of subcontractors,
agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other
regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise
a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with
regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither
has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless
otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the
City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized,
in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall
assume frill liability for any contracts or agreements the Contractor enters into on behalf of the City without the express
knowledge and prior written consent of the City.
F. Responsibility of Contractor and Indemnification of City,. Contractor covenants and agrees to take and assume all
responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages
directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant
to this Agreement. Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed
officials, officers, boards; commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers
(individually an "Indemnified Parry" and collectively "Indemnified Parties") from and against any and all claims; suits,
actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited
to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of a willful, negligent, or
tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any
subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the
Contractor or subcontractor may be liable, regardless of whether or not the negligent act or omission is caused in part by a
party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole
negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any
other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision.
This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination
of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred_ during the
performance of this Agreement.
G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance
of the types and amounts approved by the City, as shown on Exhibit "S", 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. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate
any duties of, this Agreement, without the prior express written consent of the City.
J. Employment of Unauthorized Aliens Prohibited — E- Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City
shall not enter into a contract for the physical performance of services unless:
Construction Services Aoreenient 1 Version 1.0
(1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits "D" and "E"
(affidavits to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that
it and its subcontractors have registered with, are authorized to use and use the federal work authorization program
commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable
provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work
authorization program throughout the contract period, or
(2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed
pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing.
The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of
which is provided in "Exhibit D", and submitted such affidavit to City or provided the City with evidence that it is not
required to provide such an affidavit because it is an individual licensed and in good standing as noted in subsection (2)
above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control
Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02.
In the event the Contractor contracts with any subcontractor(s) in connection with the covered contract, the Contractor
agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and
Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as
"Exhibit E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that
the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in
subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City
within five (5) business days of receipt. The Contractor and Contractor's subcontractors shall retain all documents and
records of their respective verification process for a period of five (5) years following completion of the contract.
Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only
required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [CHECK ONE]
500 or more employees.
100 or more employees.
v Fewer than 100 employees.
Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with
this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the
Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category
that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal
law, and shall be construed to be in conformity with those laws.
K. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will
protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or
staff to likewise protect such confidential information.
L. Licenses, Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all
diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county
or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work. The Contractor
shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or
customarily secured for proper execution and completion of the Work.
M. 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.
N. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other
materials, including those in electronic form, prepared or in the process of being prepared for the Work ("Materials") shall
be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed
by the City. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor
agrees to execute any additional documents that may be necessary to evidence such assignment.
Construction Services Agreement I Version 1.0
O. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d,
section 303 of the Age Discrimination Act of 1975,.as amended, 42 U.S.C. § 6102, section 202 of the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during
performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against
any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed or belief,
political affiliation, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable
implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated
under this Agreement.
P. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the
Consultant to prepare, develop, or draft specifications or requirements for a solicitation (including bids, requests for
proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or
negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict-
of-interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material
transaction or relationship, including, but not limited to, that of the Consultant, the Consultant's employees, or the
Consultant's agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not
limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships,
or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently
discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or
threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in
addition to all other legal remedies.
Section 7. Final Project Documents; Warranty: Prior to final payment, Contractor shall deliver to City copies of
any as -built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction
and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace all defects
in materials, equipment, or workmanship appearing within one (1) year from the date of completion at no additional cost to
the City.
Section 8. Miscellaneous:
A. Complete Agreement, Counterparts; Third Party Rights. This Agreement, including all of the Contract Documents,
constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing,
between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number
of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same
instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with
any remedy, claim, liability, reimbursement, cause of action or other right.
B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in
accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to
this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern
District of Georgia Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the Term
of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no
such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary
standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws,
regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any
applicable records retention requirements; and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.).
C. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in
writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day
after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery
when sent via national overnight commercial carrier to the Party at the addresses first given above or at a substitute address
previously furnished to the other Party by written notice in accordance herewith.
Construction Services Agreernent i Version 1.0
D. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one
specified in such waiver, and that one only to the extent specifically stated. Nothing contained in this Agreement shall be
construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities.
F. Agreement Construction and Interpretation, Invalidity of Provisions; Severability Contractor represents that
it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work
site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress,
performance, or furnishing of the Work. Contractor represents that it has given the City written notice of all
conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the 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 be construed as if the Parties had drafted it
jointly; as opposed to being construed against a Parry 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.
C"onstructiori Services Agreement I Version l.0
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:
Steven Krokoff, City Manager
Attest:
By:
Its:
[CITY SEAL]
City Clerk
Approved as to form:
CONTRACTOR: American Property Restoration, Inc.
By: 9(; I ss r Ma
I [CIRCLE ONE]
President ice President (Corporation)
[CORPORATE SEAL]
(required if corporation)
Attest/ i ess: .n
Its:��11'iJ
((Assistant) Corporate Secretary if co ration)
City Attorney
RATIFIED BY COUNCIL
Signature:
Joe Lockwood, Mayor
Construction Services Agreement I Version 1.0
No Text
'1�
MILTON
ESTABLISHED 2006
QR 20-PW04
Demolition Project
15270 Hopewell Road
General Description of Project Scope: The general scope of work will consist of
demolition and removal of the house, and cleanup and removal of above ground
pool and trash piles located at 15270 Hopewell Road. Potential bidders are required
to visit the site prior to submitting bid to confirm and verify scope.
Contractor is responsible for utility locates, property owner coordination, erosion and
sediment control, tree save fence, and any damages to any property. Contractor
will replace in kind all damages on impacted properties.
The undersigned, as bidder, declares and represents that it has examined the site of
the work and informed himself/herself fully in regard to all conditions pertaining to the
place where the work is to be performed, including those conditions affecting the
cost of the work and the delivery, handling and storage of materials and equipment.
The bidder has examined and read the Bidding Document and has satisfied
himself/herself that the Bidding Document is an adequate and acceptable reflection
of the work which is required to be performed and that the bidder is willing and able
to perform all the work necessary. The bidder further certifies that no additional
information is required to complete the work encompassed by this bid within the cost
and schedule established and agreed upon within this bidding document.
The bidder proposes and agrees that if this bid is accepted to contract with the City
of Milton to provide all construction labor, materials, equipment, products,
transportation, and other facilities and services as necessary and/or required to
execute and complete the work in full in accordance with the scope of work
provided to the full satisfaction of the city.
THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED
AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER.
The base bid may not be withdrawn or modified, except at the request of the City,
for a period of sixty (60) days following receipt of the bids. The City of Milton reserves
the right to modify the scope of this project at any time. Appropriate compensation
for scope changes will be based on a negotiated fee. Note: A separate signed bid
document is acceptable in lieu of the below form.
QR 20-PW04 1 I Page
The purpose of this solicitation is to enter into a lump sum price "purchasing contract"
with one firm to be the primary contractor of the Demolition Project at 15270 Hopewell
Road, Milton GA.
No specification expressed or implied shall be construed as any type of restrictive
specification that would limit competition.
Unless clearly shown as "no substitute" or any words to that effect, any items in these
contract documents which have been identified, described or referenced by a brand
name or trade name are for reference only. Such identification is intended to be
descriptive but not restrictive and is to indicate the general quality and characteristics of
products that may be offered. Each bid item for which an equivalent item is proposed
must be individually identified on the bid sheet with the following information: brand
name, model or manufacturer's number or identification regularly used in the trade.
Photographs, specifications and cut sheets shall be provided of the proposed alternative.
The City shall be the sole judge of the suitability of the proposed alternative and may
consider function, design, materials, construction, workmanship, finishes, operating
features, overall quality, local service facilities, warranty terms and service or other
relevant features.
The City reserves the right to cancel the contract at any time with thirty (30) days written
notice.
Title to any supplies, materials, equipment or other personal property shall remain the
Contractors' until fully paid for by the City.
All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged.
Any damage to any building or traffic control device, or equipment incurred during the
course of work shall be repaired at the contractor's expense to the complete satisfaction
of the City of Milton with no additional expense to the City.
The City intends to evaluate the Bid on the lowest responsible and responsive bidder.
QR 20-PW04 21 Page
Within ten (10) days of Notice of Award, and at all times that this Contract is in force,
the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from
licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6
or higher and acceptable to the City. Insurance requirements are provided below and
included in the CONTRACT AGREEMENT (Section 7.K).
(1) Requirements: The Contractor shall have and maintain in full force and effect for
the duration of this Agreement, insurance insuring against claims for injuries to
persons or damages to property which may arise from or in connection with the
performance of the Work by the Contractor, its agents, representatives,
employees or subcontractors. All policies shall be subject to approval by the City
Attorney as to form and content. These requirements are subject to amendment
or waiver if so approved in writing by the City.
(2) Minimum Limits of Insurance: Contractor shall maintain the following insurance
policies with limits no less than:
(a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per
single occurrence, $2,000,000 (two million dollars) umbrella, including
coverage for bodily and personal injury, sickness, disease or death, injury to
or destruction of property, including loss of use resulting therefrom,
vandalism, property loss and theft.
(b) Comprehensive Automobile Liability (owned, non -owned, hired) of
$1,000,000 (one million dollars) combined single limit per occurrence for
bodily and personal injury, sickness, disease or death, injury to or destruction
of property, including loss of use resulting therefrom.
(c) Workers' Compensation limits as required by the State of Georgia and
Employers Liability limits of $1,000,000 (one million dollars) per accident.
(3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions
must be declared to and approved by the City in writing.
(4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the
following provisions:
(a) General Liability and Automobile Liability Coverage.
(i) The City and City Parties are to be covered as insureds. The
coverage shall contain no special limitations on the scope of
protection afforded to the City or City Parties.
(ii) The Contractor's insurance coverage shall be primary
QR 20-PW04 3 1 Page
noncontributing insurance as respects to any other insurance or self-
insurance available to the City or City Parties. Any insurance or self-
insurance maintained by the City or City Parties shall be in excess of
the Contractor's insurance and shall not contribute with it.
(iii) Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City or City Parties.
(iv) Coverage shall state that the Contractor's insurance shall apply
separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
(v) Coverage shall be provided on a "pay on behalf" basis, with
defense costs payable in addition to policy limits. There shall be no
cross liability exclusion.
(vi) The insurer agrees to waive all rights of subrogation against the City
and City Parties for losses arising from Work performed by the
Contractor for the City for General Liability coverage only.
(b) Workers' Compensation Coverage: The insurer providing Workers'
Compensation Coverage will agree to waive all rights of subrogation
against the City and City Parties for losses arising from Work performed by
the Contractor for the City.
(c) All Coverages:
(i) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled,
reduced in coverage or in limits except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been
given to the City.
(ii) Policies shall have concurrent starting and ending dates.
(5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do
business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI.
(6) Verification of Coverage: Contractor shall furnish the City with certificates of
insurance and endorsements to the policies evidencing coverage required by this
clause prior to the start of Work. The certificate of insurance and endorsements
shall be on a form utilized by Contractor's insurer in its normal course of business
and shall be received and approved by the City within ten (10) days of the Notice
of Award. The City reserves the right to require complete, certified copies of all
required insurance policies, at any time. The Contractor shall provide proof that
any expiring coverage has been renewed or replaced at least two (2) weeks prior
to the expiration of the coverage.
QR 20-PW04 4 1 Page
(7) Subcontractors: Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverage for subcontractors shall be subject to all of the
requirements stated in this Agreement, including but not limited to naming the
Parties as additional insureds.
(8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy
for at least six (6) years after termination or final payment under the Agreement,
whichever is later.
(9) City as Additional Insured and Loss Payee: The City shall be named as an
additional insured and loss payee on all policies required by this Agreement, except the
City need not be named as an additional insured and loss payee on any Workers'
Compensation policy.
•
Each bid must be accompanied with a BID BOND (bond only: certified checks or other
forms are not acceptable) in an amount equal to five percent (5%) of the base bid,
payable to the City of Milton. Said bid bond guarantees the bidder will enter into a
contract to construct the project strictly within the terms and conditions stated in this
bid and in the bidding and contract documents, should the construction contract be
awarded.
The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS
for the faithful performance on the contract and a bond to secure payment of all
claims for materials furnished and/or labor performed in performance of the project,
both in amounts equal to one hundred percent (100%) of the contract price.
Bonds shall be issued by a corporate surety appearing on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to do business in the
State of Georgia. Bonds shall be on the forms provided by the City and subject to the
review and approval of the City Attorney.
Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all
partners shall execute Bond.
Prior to commencing the Work, the successful bidder shall execute a written oath as
required by O.C.G.A. §§ 32-4-122 and 36-91-21 (e).
QR 20-PW04 5 1 Page
M I LTO N"Ilk
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
BID FORM and ADDENDA ACKNOWLEDGEMENT
TO: PURCHASING OFFICE
CITY OF MILTON
MILTON, GEORGIA 30004
Ladies and Gentlemen:
In compliance with your Bid, the undersigned, hereinafter termed the Bidder,
proposes to enter into a Contract with the City of Milton, Georgia, to provide the
necessary machinery, tools, apparatus, other means of construction, and all
materials and labor specified in the Contract Documents or as necessary to
complete the Work in the manner therein specified within the time specified, as
therein set forth, for:
QR 20-PW04
Demolition Project
15270 Hopewell Road
The Bidder has carefully examined and fully understands the Contract,
Specifications, and other documents hereto attached, has made a personal
examination of the Site of the proposed Work, has satisfied himself as to the actual
conditions and requirements of the Work, and hereby proposes and agrees that
if his bid is accepted, he will contract with the City of Milton in full conformance
with the Contract Documents.
It is the intent of this Bid to include all items of construction and all Work called for
in the Specifications, or otherwise a part of the Contract Documents.
In accordance with the foregoing, the undersigned proposes to furnish and
construct the items listed in the attached Bid schedule for the unit prices stated.
The Bidder agrees that the cost of any work performed, materials furnished,
services provided or expenses incurred, which are not specifically delineated in
the Contract Documents but which are incidental to the scope, intent, and
completion of the Contract, shall be deemed to have been included in the prices
bid for the various items scheduled.
The Bidder further proposes and agrees hereby to promptly commence the Work
QR 20-PW04 6 1 Pa g e
with adequate forces and equipment within ten (10) calendar days from receipt
of Notice to Proceed and to complete all Work within twenty (20) calendar days
from the Notice to Proceed. If weather affects the required completion schedule,
The City and selected Bidder will negotiate a new completion date.
Attached hereto is an executed Bid Bond in the amount of
($ (Five Percent of Amount Bid).
Dollars
If this bid shall be accepted by the City of Milton and the undersigned shall fail to
execute a satisfactory contract in the form of said proposed Contract, and give
satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage
of the 'insurance required within ten days from the date of Notice of Award of the
Contract, then the City of Milton may, at its option, determine that the undersigned
abandoned the Contract and there upon this bid shall be null and void, and the sum
stipulated in the attached Bid Bond shall be forfeited to the City of Milton as
liquidated damages.
Bidder acknowledges receipt of the following addenda:
Addendum No.
Date viewed
Bidder further declares that the full name and resident address of Bidder's Principal is as
follows:
Signed, sealed, and dated this
Bidder
(Seal)
Bidder Mailing Address:
day of 20
Company Name
Signature:
Print Name:
Title:
QR 20-PW04 7 1 Page
M I LTO NI?6
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
BID BOND
CITY OF MILTON, GEORGIA
BIDDER (Name and Address):
SURETY (Name and Address of Principal Place of Business):
OWNER (hereinafter referred to as the "City" (Name and Address):
City of Milton, Georgia
ATTN: Purchasing Office
2006 Heritage Walk
Milton, Georgia 30004
BID
BID DUE DATE:
PROJECT (Brief Description Including Location):
BOND
BOND NUMBER:
DATE (Not later that Bid due date):
PENAL SUM:
(Words)
(Figures)
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City,
subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to
be duly executed on its behalf by its authorized officer, agent or representative.
BIDDER
(Seal)
Bidder's Name and Corporate Seal
By:
Signature and Title:
Attest:
Signature and Title:
SURETY
Surety's Name and Corporate Seal
By:
Signature and Title:
(Attach Power of Attorney)
Attest:
Signature and Title:
(Seal)
QR 20-PW04 8 1 Page
ote: (1) Above addresses are to be used for giving any notice required by the
terms of this Bid Bond.
(2) Any singular reference to Bidder, Surety, the City or any other party shall
be considered plural where applicable.
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to pay to the City upon Default of Bidder the
penal sum set forth on the face of this Bond.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time
required by the Bidding Documents (or any extension of that time agreed to in writing
by the City) the executed Agreement required by the Bidding Documents and any
performance and payment Bonds required by the Bidding Documents.
3. This obligation shall be null and void if:
3,1 The City accepts Bidder's Bid and Bidder delivers within the time required
by the Bidding Documents (or any extension of that time agreed to in
writing by the City) the executed Agreement required by the Bidding
Documents and any performance and payment Bonds required by the
Bidding Documents; or
3.2 All Bids are rejected by the City; or
3,3 The City fails to issue a Notice of Award to Bidder within the time specified
in the Bidding Documents (or any extension of that time agreed to in
writing by Bidder and, if applicable, consented to by Surety when
required by paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon Default by Bidder within 30
calendar days after receipt by Bidder and Surety of a written Notice of Default from the
City, which Notice will be given with reasonable promptness and will identify this Bond
and the Project and include a statement of the amount due.
5. Surety waives notice of, as well as any and all defenses based on or arising out of,
any time extension to issue a Notice of Award agreed to in writing by the City and
Bidder, provided that the total time, including extensions, for issuing a Notice of Award
shall not in the aggregate exceed 120 days from Bid due date without Surety's written
consent.
6. No suit or action shall be commenced under this Bond either prior to 30 calendar
days after the Notice of Default required in paragraph 4 above is received by Bidder
and Surety or later than one year after Bid due date.
7. Any suit or action under this Bond shall be commenced only in a court of
competent jurisdiction located in the State of Georgia.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their
QR 20-PW04 9 1 Page
respective addresses shown on the face of this Bond. Such notices may be sent by
personal delivery, commercial courier or by United States Registered or Certified Mail,
return receipt requested, postage pre -paid, and shall be deemed to be effective upon
receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of
Attorney evidencing the authority of the officer, agent or representative who executed
this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the
Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any
applicable requirement of any applicable statute that has been omitted from this Bond
shall be deemed to be included herein as if set forth at length. If any provision of this
Bond conflicts with any applicable statute, then the provision of said statute shall
govern and the remainder of this Bond that is not in conflict therewith shall continue in
full force and effect.
11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under
the particular circumstances.
12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia.
QR 20-PW04 10 1 Page
MILTONt
ESTABLISHED 2006
PROJECT SPECIFICATIONS
PROJECT DESCRIPTION
The City of Milton Public Works Department (City) requests for interested parties to submit
bids/proposals for the Demolition Project, 15270 Hopewell Rd. Dr, Milton GA 30004.
Scope
The Contractor will demolish and remove the house and carport structure, concrete slab
and or foundation. The Contractor will also remove the above ground pool and all debris
located behind the house. Once the structures and all associated debris have been
removed the Contractor will grade and add fill as needed, and the disturbed areas will
be stabilized with seed and straw or mulched.
QR 20-PW04 11 1 Page
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Contractor will adhere to all current State and Federal construction safety regulations,
including OSHA regulations. The Contractor must maintain a safe work zone for their
employees, pedestrians, and vehicular transportation. All work shall be inspected and
approved by the City of Milton Department of Public Works (MDPW).
All work associated with this contract shall meet the Georgia DOT standard specifications
for construction materials, methods and procedures not specifically listed in this
solicitation.
The following are special provisions prepared specifically for this contract and may be in
conflict with parts of the standard specifications. If conflicts are evident the special
provisions shall take precedence over the standard specifications.
The City desires to have all work completed by March 31, 2020. Please indicate on the
Bid Sheet your projected response time and calendar days to complete the project. This
information will be considered when awarding this contract.
b -am, PC; Mt F A 4, a W
available • • 'r days.
Normal workday for this project shall be 9:00 am to 4:00 pm and the normal workweek
shall be Monday through Friday. The City will consider extended workdays or workweeks
upon written request by the Contractor on a case by case basis. No work will be allowed
on City recognized holidays.
The work will require bidder to provide all labor, administrative forces, equipment,
materials and other incidental items to complete all required work. The City shall perform
a Final Inspection upon completion of all work. The contractor will be allowed to
participate in the Final Inspection. All repairs shall be completed by the contractor at his
expense prior to issuance of Final Acceptance. Except to the extent limited by law, 10%
retainage will be held from the total amount due the contractor until Final Acceptance
of work is issued by the City.
The Contractor shall provide all materials, labor, and equipment necessary to perform
the work without delay unto completion.
The Contractor shall procure all permits and licenses, pay all charges, taxes and fees,
and give all notices necessary and incidental to the due and lawful prosecution of the
QR 20-PW04 15 1 Page
work.
UTILITIES
Contractor shall be responsible for coordinating any utility relocation necessary to the
completion of the work.
The Contractor shall be responsible for the preservation of all public and private property,
crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and
sodded areas, etc. along and adjacent to the highway, road or street, and shall use
every precaution necessary to prevent damage or injury thereto, unless the removal,
alteration, or destruction of such property is provided for under the contract. No stone or
asphalt chunks shall be left in the right-of-way and screened topsoil shall be placed in all
disturbed areas before grassing. Contractor is responsible for ensuring that all permanent
grassing shall match the existing grassing.
When or where any direct or indirect damage or injury is done to public or private
property by or on account of any act, omission, neglect or misconduct in the execution
of the work, or in consequence of the non -execution thereof by the contractor, he shall
restore, at his/her own expense, such property to a condition similar or equal to that
existing before such damage or injury was done, by repairing, rebuilding or otherwise
restoring as may be directed, or she/he shall make good such damage or injury in an
acceptable manner. The contractor shall correct all disturbed areas before retainage
will be released.
G
An asbestos survey was completed by Universal Engineering Sciences and the property
showed no signs of asbestos. Report is available upon request.
Pre -demolition, the selected contractor shall diligently eradicate all rodents and vermin
before demolition and provide a rodent letter from a certified exterminator.
The Contractor will provide suitable erosion and sediment control measures so as to
prevent sediment from leaving the site. Maintenance of erosion and sediment control
measures are required at all times. The Contractor shall have certified erosion and
sediment control personnel on site at all times. All NPDES, GSWCC and City of Milton
guidelines should be followed. All erosion and sediment control work shall be performed
in accordance with the standards provided in the Georgia Manual for Erosion and
Sediment Control in Georgia, latest edition.
QR 20-PW04 16 1 Page
Provide a single row of Type C silt fence along the down slope side of all disturbed areas.
All barriers shall be in place prior to any land disturbing activities.
Silt fences and hay bale barriers shall be cleaned or replaced and maintained in
functional condition until permanent erosion control measures are established. All silt
fences and other temporary measures will be removed by the Contractor/ Developer
when the site is stable.
Silt fence fabric shall be comprised of Ga. Department of Transportation qualified
products Section 171, type "A", for silt fence fabric Temporary vegetation and/or heavy
mulch will be used to stabilize areas. In no case shall a site be left bare for more than
fourteen (14) days.
Provide a minimum of inch of mulching, temporary and permanent seeding of all other
disturbed areas.
Silt Fence is shown in blue.
SAFETY REQUIREMENTS
The Contractor shall be responsible for the entire site and the construction of the same
and provide all the necessary protections as required by laws or ordinances governing
such conditions and as required by the Owner or Designer. He/she shall be responsible
for any damage to the Owner's property or that of others on the job, by himself/herself,
his/her personnel or his/her subcontractors, and shall make good such damages. He/she
QR 20-PW04 17 1 Page
shall be responsible for and pay for any claims against the Owner arising from such
damages.
The Contractor shall provide all necessary safety measures for the protection of all
persons on the work. Contractor shall clearly mark or post signs warning of hazards
existing and shall barricade excavations and similar hazards. He/she shall protect against
damage or injury resulting from falling materials and he/she shall maintain all protective
devices and signs throughout the progress of the work.
CODES, PERMITS AND INSPECTIONS
The Contractor shall obtain the required permits, if required, give all notices, and comply
with all laws, ordinances, codes, rules and regulations bearing on the conduct of the
work under this contract. If the Contractor observes that the drawings and specifications
are at variance therewith, he shall promptly notify the City in writing. If the Contractor
performs any work knowing it to be contrary to such laws, ordinances, codes, rules and
regulations, and without such notice to the City, he shall bear all cost arising there from.
The Contractor shall obtain a building demolition permit from the City and provide all
required documentation to obtain the permit but will not be charged the permit fee and
shall not include that fee in the base bid.
The Contractor is responsible for obtaining all required inspections.
CLEANUP
All restoration and clean-up work shall be performed daily. Operations shall be
suspended if the contractor fails to accomplish restoration and clean-up within an
acceptable period of time.
QR 20-PW04 18 1 Page
MILTON�t
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
QUALIFICATIONS SIGNATURE AND CERTIFICATION
I certify that this offer is made without prior understanding, agreement, or connection
with any corporation, firm, or person submitting a proposal for the same materials,
supplies, equipment, or services and is in all respects fair and without collusion or fraud. I
understand collusive bidding is a violation of State and Federal Law and can result in
fines, prison sentences, and civil damage awards. I agree to abide by all conditions of
the proposal and certify that I am authorized to sign this proposal for the proposer. I
further certify that the provisions of the Official Code of Georgia Annotated, including
but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have
not been violated and will not be violated in any respect.
Authorized Signature.
Print/Type Name
Print/Type Company Name Here
Date
CORPORATE CERTIFICATE
I, , certify that I am the Secretary of the Corporation
named as Contractor in the foregoing bid; that
who signed said bid in behalf of the Contractor, was then (title)
of said Corporation; that said bid was duly signed for and in behalf of said Corporation
by authority of its Board of Directors, and is within the scope of its corporate powers; that
said Corporation is organized under the laws of the State of
This
(Signature)
day of 20
(Seal)
QR 20-PW04 19 1 Page
M I LTCB Ni
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
LIST OF SUBCONTRACTORS
I do , do not , propose to subcontract some of the work on this project.
I propose to Subcontract work to the following subcontractors:
Company Name:
QR 20-PW04 20 1 Page
MILTON*
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
STATE OF GEORGIA
CITY OF MILTON
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-
10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical
performance of services on behalf of the City of Milton 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:
eVerify Number
Date of Authorization
Name of Contractor
Demolition Proiect - 15270 Hopewell Rd
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
[NOTARY SEAL]
My Commission Expires:
QR 20-PW04 21 1 Page
MILTONt
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
BID SCHEDULE
15270 Hopewell Road Bid Amount
(Dollar Amount in Numbers)
(Company Name)
(Signature)
(Printed Name)
Total Bid Price $.
Print Total Bid Price
Number of days to fully complete project (exclude weather related days)
In compliance with the attached Specification, the undersigned offers and agrees that
if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days
of the date of Bid opening, that he will furnish any or all of the Items upon which Prices
are quoted, at the Price set opposite each Item, delivered to the designated point(s)
within the time specified in the Bid Schedule.
COMPANY
ADDRESS
AUTHORIZED SIGNA
PRINT / TYPE NAME _
TITLE
MILTON
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
DISCLOSURE FORM
This form is for disclosure of campaign contributions and family member relations with City
of Milton officials/employees.
Please complete this form and return as part of your bid package when it is submitted.
Name of Bidder
Name and the official position of the Milton Official to whom the campaign contribution
was made (Please use a separate form for each official to whom a contribution has been
made in the past two (2) years.)
List the dollar amount/value and description of each campaign contribution made over
the past two (2) years by the Applicant/Opponent to the named Milton Official.
Amount/Value Description
Please list any family member that is currently (or has been employed within the last 9
months) by the City of Milton and your relation:
SCHEDULE OF EVENTS
FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE
Event:
Release of Informal Bid
Pre -Bid Meeting on Location
15270 Hopewell Road, Milton GA 30004
Deadline for Written Questions
Date:
January 14, 2020
January 22, 2020 @ 9:00 AM
until 10:00 AM
January 23, 2020 @ 5:00 PM
*Questions must be submitted electronically via Milton's BidNet procurement
portal/platform at www.cityofmiltonga.us
City of Milton Addendum (on or about) January 24, 2020
(Official answers to questions and potential changes to ITB. Addendum will be
posted at the same web locations as the ITB)
Bids due
January 29, 2020 @ 5:OOPM
**Bids must be submitted electronically via Milton's BidNet procurement portal/platform
at www.cityofmiltonga.us
If you have registered with the City of Milton as a vendor via BidNet procurement
portal/platform, or are already a member of the Georgia Purchasing Group, you may
submit your questions and bid online at www.cityofmiltonga.us via the BidNet
procurement portal/platform
We encourage you to register with us as a vendor. There is no cost to join, and you will
be notified of any potential bid opportunities with the City of Milton as well as other
agencies who are part of the Georgia Purchasing Group.
Contract Award (On/about)
February 19, 2020
Notice to Proceed Issued (On/about) February 20, 2020
MILTON�t
ESTABLISHED 2006
ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #1
QR 20-PW04
Upon receipt of documents, please email, fax or mail this page to:
City of Milton
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, GA 30004
Phone: 678-242-2500
Fax: 678-242-2499
Email: honor.motes@cityofmiltongaus
I hereby acknowledge receipt of documents pertaining to the above referenced
RFP.
COMPANY NAME:
CONTACT PERSON:
ADDRESS:
CITY:
STATE: ZIP:
PHONE: FAX:
EMAIL ADDRESS:
Signature
ADDENDUM #1
Date
QR 20-PW04 Addendum #I 1 I Page
ADDENDUM #1
QR 20-PW04
This Addendum forms a part of the contract documents and modifies the original
RFP documents as noted below:
Questions below were submitted after the jobsite visit on January 23, 2020.
Questions and Answers:
1. What is the estimated start date? Estimated NTP issued on February 20th
2. Is there any liquidate damages? No, the bidder should not bid on this project
if they are unable to complete the project in the time required in the bid
documents.
3. What are the requirement of backfill soil? Backfill should be clean and free
from organics.
4. Who is responsible for the testing? No testing is required.
5. Is there any the permits? Contractor is responsible for pulling a demo permit
with the City.
6. How much are the permit fees? Demo Permit fee is waived.
7. Who is responsible for the permit fees? Demo Permit fee is waived.
8. What is the budget for this project? This project is funded by a larger
Ir�ter�,e tion budget.
9. In project's specification, under Permits and Licenses section, it states that
"Contractor shall procure all permits and licenses". Is there a General
Contractor License necessary to obtain these permits for this project? No
10. If not, does this meet the requirements of State of Georgia rules and
regulations? Yes
To help clarify demo limits of the concrete sidewalk and driveway on this project.
Everything behind the orange paint is to be removed.
See photos below....
QR 20-PW04 Addendum # 1 2 1 P ci ci
1Z f
QR 20-PW04 Addendum # 1 3 1
No Text
"EXHIBIT B"
3� ! as _..+ .,
ESTABLISIIrDI 'Wb
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
BID SCHEDULE
Total Bid Price $ 21,450.00
Print Total Bid Price $21,450.00
Number of days to fully complete project (exclude weather related days) 1
In compliance with the attached Specification, the undersigned offers and agrees that
if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days
of the date of Bid opening, that he will furnish any or all of the Items upon which Prices
are quoted, at the Price set opposite each Item, delivered to the designated point(s)
within the time specified in the Bid Schedule.
COMPANY American Property Restoration, Inc
ADDRESS
ALITHORI;
PRINT / TYPE NAME Alpha Diallo
TITLE Manager
ESTABLISHEI) 2%,16
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
QUALIFICATIONS SIGNATURE AND CERTIFICATION
I certify that this offer is made without prior understanding, agreement, or connection
with any corporation, firm, or person submitting a proposal for the same materials,
supplies, equipment, or services and is in all respects fair and without collusion or fraud. I
understand collusive bidding is a violation of State and Federal Law and can result in
fines, prison sentences, and civil damage awards. I agree to abide by all conditions of
the proposal and certify that I am authorized to sign this proposal for the proposer. I
further certify that the provisions of the Official Code of Georgia Annotated, including
but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have
not been violated and will not be violated in any respect.
r
Authorized Signature c� �� i_� &'��Date 1/29/2020
Print/Type Name Alpha Diallo
Print/Type Company Name Here American Property Restoration, Inc
CORPORATE CERTIFICATE
I, Alicia Williams , certify that I am the Secretary of the Corporation
named as Contractor in the foregoing bid; that Alpha Diallo
who signed said bid in behalf of the Contractor, was then (title) Manager
of said Corporation; that said bid was duly signed for and in behalf of said Corporation
by authority of its Board of Directors, and is within the scope of its corporate powers; that
said Corporation is organized under the laws of the State of
Georgia
This 29 day of January 2020
ature)
QR 20-PW04 19 1 Page
This form is for disclosure of campaign contributions and family member relations with City
of Milton officials/employees.
Please complete this form and return as part of your bid package when it is submitted.
Name of Bidder American Property Restoration, Inc
Name and the official position of the Milton Official to whom the campaign contribution
was made (Please use a separate form for each official to whom a contribution has been
made in the past two (2) years.)
Not Applicable
List the dollar amount/value and description of each campaign contribution made over
the past two (2) years by the Applicant/Opponent to the named Milton Official.
Amount/Value
None None
Description
Please list any family member that is currently (or has been employed within the last 9
months) by the City of Milton and your relation:
None
None
•_ • • ger,
In compliance with your Bid, the undersigned, hereinafter termed the Bidder,
proposes to enter into a Contract with the City of Million, Georgia, to provide the
necessary machinery, tools, apparatus, other means of construction, and all
materials and labor specified in the Contract Documents or as necessary to
complete the Work in the manner therein specified within the time specified, as
therein set forth, for:
OR r r, ,
Demolition Project
r Hopewell
The Bidder has carefully examined and fully understands the Contract,
Specifications, and other documents hereto attached, has made a personal
examination of the Site of the proposed Work, has satisfied himself as to the actual
conditions and requirements of the Work, and hereby proposes and agrees that
if his bid is accepted, he will contract with the City of Milton in full conformance
with the Contract Documents.
It is the intent of this Bid to include all items of construction and all Work called for
in the Specifications, or otherwise a part of the Contract Documents.
In accordance with the foregoing, the undersigned proposes to furnish and
construct the items listed in the attached Bid schedule for the unit prices stated.
The Bidder agrees that the cost of any work performed, materials furnished,
services provided or expenses incurred, which are not specifically delineated in
the Contract Documents but which are incidental to the scope, intent, and
completion of the Contract, shall be deemed to have been included in the prices
bid for the various items scheduled.
The Bidder further proposes and agrees hereby to promptly commence the Work
QR 20-PW04 6 1 Page
with adequate forces and equipment within ten (10) calendar days from receipt
of Notice to Proceed and to complete all Work within twenty (20) calendardays
from the Notice to Proceed. If weather affects the required completion schedule,
The City and selected Bidder will negotiate a new completion date.
Attached hereto is an executed Bid Bond in the amount of 5% Dollars
($ (Five Percent of Amount Bid).
If this bid shall be accepted by the City of Milton and the undersigned shall fail to
execute a satisfactory contract in the form of said proposed Contract, and give
satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage
of the insurance required within ten days from the date of Notice of Award of the
Contract, then the City of Milton may, at its option, determine that the undersigned
abandoned the Contract and there upon this bid shall be null and void, and the sum
stipulated in the attached Bid Bond shall be forfeited to the City of Milton as
liquidated damages.
Bidder acknowledges receipt of the following addenda:
Addendum No.
Date viewed
1/27/2020
Bidder further declares that the full name and resident address of Bidder's Principal is as
follows:
Signed, sealed, and dated this 29 day of January 2020
bidder= _ (Seal)
Bidder Mailing Address:
3440Gakcliff Rd Suite 124 Atlanta, GA 30340
Company Name: American Property Restoration, Inc
Signature:
Print Name: Alpha Diallo
Title: Manager
QR 20-PW04 7 1 F' .i g e
0 =w..
i Y F
E5Tl�flL1511EU 2tA6
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
BID BOND
CITY OF MILTON, GEORGIA
BIDDER (Name and Address): American Property Restoration, Inc.
3440 Oak -cliff Rd., STE 124, Atlanta, GA 30340
SURETY (Name and Address of Principal Place of Business): Capitol Indemnity Corporation
115 Glastonbury Blvd., Glastonbury, CT 06033
OWNER (hereinafter referred to as the "City" (Name and Address):
City of Milton, Georgia
ATTN: Purchasing Office
2006 Heritage Walk
Milton, Georgia 30004
BID
BID DUE DATE: January 29, 2020
PROJECT (Brief Description Including Location):
QR 20-PW04 - Demolition Project 15270 Hopewell Road
BOND
BOND NUMBER: 60138898
DATE (Not later that Bid due date): January 27, 2020
PENAL SUM: Five Percent of the Principals Bid Amount (5% of the Principals Bid Amount)
(Words) (Figures)
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City,
subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to
be duly executed on its behalf by its authorized officer, agent or representative.
BIDDER SURETY
American Property Restoration, Inc. (Seal)
Bidder's Name and Corporr9te Seal
By:
Signature and Title:
Capitol Indemnity Corporation ($8Ct!)
Surety's Name 9nd-Corporate Seal -
Signature and Title: Rachel Price, AttOrr.. y -Te •batt -
(Attach Power of Attomey) - '
Attest: 7 l'���(�� Q'��/l�Nxt�?cU�glAttest:4""�'"��'
u an e:
SignatSignature and Title: Jarret Packer, Bond Underwriter
QR 20-PW04 8 1 P 7 g e
ote: (1) Above addresses are to be used forgiving any notice required by the
terms of this Bid Bond.
(2) Any singular reference to Bidder, Surety, the City or any other partyshall
be considered plural where applicable.
1.. Bidder and Surety, jointly and severally, bind themselves, their heirs,. executors,
administrators, successors and assigns to pay to the City upon Default of Bidder the
penal sum set forth on the face of this Bond.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time
required by the Bidding Documents (or any extension of that time agreed to in writing
by the City) the executed Agreement required by the Bidding Documents and any
performance and payment Bonds required by the Bidding Documents.
3. This obligation shall be null and void if:
3.1 The City accepts Bidder's Bid and Bidder delivers within the time required
by the Bidding Documents (or any extension of that time agreed to in
writing by the City) the executed Agreement required by the Bidding
Documents and any performance and payment Bonds required by the
Bidding Documents; or
3.2 All Bids are rejected by the City; or
3.3 The City fails to issue a Notice of Award to Bidder within the time specified
in the Bidding Documents (or any extension of that time agreed to in
writing by Bidder and, if applicable, consented to by Surety when
required by paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon Default by Bidder within 30
calendar days after receipt by Bidder and Surety of a written Notice of Default from the
City, which Notice will be given with reasonable promptness and will identify this Bond
and the Project and include a statement of the amount due.
5. Surety waives notice of, as well as any and all defenses based on or arising out of;
any time extension to issue a Notice of Award agreed to in writing by the City and
Bidder, provided that the total time, including extensions, for issuing a Notice of Award
shall not in the aggregate exceed 120 days from Bid due date without Surety's written
consent.
6. No suit or action shall be commenced under this Bond either prior to 30 calendar
days after the Notice of Default required in paragraph 4 above is received by Bidder
and Surety or later than one year after Bid due date.
7. Any suit or action under this Bond shall be commenced only in a court of
competent jurisdiction located in the State of Georgia.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their
QR 20-PW04 9 1 Page
respective addresses shown on the face of this Bond. Such notices may be sent by
personal delivery, commercial courier or by United States Registered or Certified Mail,
return receipt requested, postage pre -paid, and shall be deemed to be effective upon
receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of
Attorney evidencing the authority of the officer, agent or representative who executed
this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the
Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any
applicable requirement of any applicable statute that has been omitted from this Bond
shall be deemed to be included herein as if set forth at length. If any provision of this
Bond conflicts with any applicable statute, then the provision of said statute shall
govern and the remainder of this Bond that is not in conflict therewith shall continue in
full force and effect.
11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under
the particular circumstances.
12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia.
QR 20-PW04 10 1 Page
. CIO
BID BOND Capitol Indemnity Corporation
115 Glastonbury Blvd., Glastonbury, CT 06033
KNOWN ALL BY THESE PRESENTS, That we, American Property Restoration, Inc.
as Principal, and Capitol Indemnity Corporation as Surety, are
held and firmly bound unto CitvofNiilton as
Obligee, in the sum of Five Percent of the Principals Bid Amount
Dollars( 5% of the Principals Bid Amount ) for the payment of which we bind ourselves, and our
successors and assigns, jointly and severally, as provided herein.
WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a
contract for OR 20-PWO4 - Demolition Project - 15270 flopewell Road
("Project").
NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid,
and Principal enters into a contract with Obligee in conformance with the terms of the
bid and provides such bond or bonds as may be specified in the bidding or contract
documents, then this obligation shall be void; otherwise Principal and Surety will pay to
Obligee the difference between the amount of Principal's bid and the amount for which
Obligee shall in good faith contract with another person or entity to perform the work
covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed
the penal sum of this bond.
Signed this 27th day of January , 2020
American Property Restoration, Inc.
(Principal)
By: ;'i'I :k4 '
7'apinemnity Corporation
By:
Rachel Price Attorney -in -Fact
6r 1oul q Gorull
�r.;i;,,•;t.rr;rcru iso' i}tTt�$�liS��O
Afl3tiiilbdl d'dC?lY.LEOEYEM: 91C
HIR
SY, 20
j
i ` AMWAY . etl SO
------------------------------------------------------------------------------------------------------------------
Finn Acknowledgment
State of New York I
) ss:
County of Nassau
WRLOn this 27'h day of JanJanuary9 2020, before me personally came m Sisjmpt, a,&(Lo to me known and who being by me duly sworn, did depose and
say thatheisthe PrELOLZIL of American Property Restoration, Inc.
the corporation described in and which executed the above instrument; that he knows the seal of
said corporation, that the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the Board of Directors of said corporation, and that he signed his/her name
thereto by like order.
JOSEPH L ZASO
My comms
sion 44UMWPT inije, sTAIE OF NEW YORK
Registration No. OIZA6012980
Surety Ac''e—YUP—mi—s-Ton Expires December 8, 20
State of New York
ss:
County of Nassau
On this 27h day of jgnijW , 2020, before me personally came
Rachel Price to me known, who, being by me duly sworn, did depose and say that
he/she is an attorney-in-fact of Capitol Indemnity Corporation the corporation described in and
which executed the within instrument; that he knows the corporate seal of said corporation; that the
seal affixed to the within instrument is such corporate seal, and that he signed the said instrument
and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said
corporation and by authority of this office under the Standing Resolutions thereof.
My commission expires
JOSEPH L ZASO
NOTARY PUBLIC, STATE OF NEW YORK
Registration No. OIZA6012980
Qualified in Nassau County
My Commission Expires Deoember 8,20�Z
jc! -r'._"
CAPITOL INDEMNITY CORPORATION
BALANCE SHEET
December 31, 2018
Admitted Assets
Cash and invested assets:
Bands S 271,421,755
Common stocks 254,301,991
Cash, cash equivalents and short-term Investments 49,881,477
Other Invested assets 185,468
Receivables for securities 426,740
Total cash and Invested assets 576,217,431
Investment income due and accrued
1,986,001
Uncollected premiums and agents' balances In course of collection
30,810,472
Deferred premiums, agents' balances and Installments booked but deferred and not yet due
9,976,610
Amounts recoverable from reinsurers
4,298,433
Current federal and foreign income tax recoverable and interest thereon
551,107
Net deferred tax asset
7,356,587
Electronic data processing equipment and software
777,127
Receivables from parent, subsidiaries and affiliates
782,109
Other admitted assets
157,948
Total admitted assets
$ 632,913,825
Liabilities and Surplus as Regards Policyholders
Liabilities:
Losses
$ 180,143,207
Reinsurance payable on paid losses and loss adjustment expenses
17,605,989
Loss adjustment expenses
36,843,741
Commissions payable, contingent commissions and other similar charges
606,760
Other expenses (excluding taxes, licenses and fees)
9,149,268
Taxes, licenses and fees (excluding federal and foreign Income taxes)
498,247
Unearned premiums
104,684,993
Ceded reinsurance premiums payable (net of ceding commissions)
2,614,399
Amounts withheld or retained by company for account of others
6,379,709
Payable to parent, subsidiaries and affiliates
5,253,893
Other liabilities
680,540
Total liabilities
364,510,746
Surplus as regards policyholders:
Common capital stock
4,201,416
Gross paid in and contributed surplus
103,923,753
Unassigned funds (surplus)
160,277,910
Surplus as regards policyholders
268,403,079
Total liabilities and capital and surplus
$ 632,913,825
1, Stephen J. Sills, CEO and President of Capitol Indemnity Corporation do hereby certify that to the best of my knowledge and belief, the foregoing Ls a full and true statutory
Statement of Admitted Assets and Liabilities, Capital and Surplus of the Operation at December 31, 2018, prepared in conformity with the accounting practices prescribed by
the Insurance Department of the State of Wisconsin. IN WITNESS WHEREOF, I have set my hand and affixed thesealof the Corporation at Middleton, Wisconsin.
Stephen J. Sills
CEO '& President
-'�
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1ii11F?Slllllll2?1I1111LLL+[n1LL1ILYl1llt111fM1uelutwf111t111L_.11111L.I2}�luSllll?lllllllllillW IIl'.>fllt u_I11Mll.Wl1►�i11+111u�r1+Illlll4nlltllttHlllllllL?lllll liltill11l11ttSfiLLllI1HJ/LLltitYlllulli➢�flwlul?fullllu'�.i1^ •: -_-.. ,
CAPITOL INDEMNITY CORPORIVI'ION 60138898
POWER OF ATTORNEY
KNOW AL1. HIEN BY I'HE.SE' PRESENTS.1lim the CAPITOL INDUMNITY C'ORPOIRA't ION•.1 el,rl„,;,w m „t tit.: "I"[, `, m• assn. ::• .''
I
it, principal office, in the City of Middleton. Wkconsin, due, 111.1ke. c+nl,linne and appoint
I.
IF `
JEFFREY W PRICE; MARY ANNA PRICE; RACHEL PRICE
its laic and Llwlid Atturney(s!
lit- fact. to make. CxCCnic, seal and deliver for and on it, behalf, a, surely. and a, It, act and decd. any amd all hond,. tnldc 1.11
and rontt ICis of sureiysitip, prrn idol that no hand + r unciertakinL til Contract of suretyship exrcutcd andel till, aulhot it% ,hail C\Cced m amowtl the "Im -d 1:
-------------------- ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: $20,000,000.00
This Power of Attorney is granted and IN signed and Scaled by lac,imile under and by the authority tit' (lie follcming Rcsoluu,rn adapted by the 11- 11-1 111
Directors of CAPITOL, lNDI{\INI'I'1' ('ORPOR.1'1'ION ala meelim- duty called and held on lite kth day of Januar\, 2002.
"RI?SOLYEI). that the President. Executive Vice Proidow \'ice President, S, eretary Air I ieasmrei, actin: indi%itlually of otherwise. tv .Ind IhC\ h: rch%
are granted the power and authorization to appoint by it Vouel of Atti,me\ fill the ptlrpl„cs onh of executing .lull atte,tine hood, and uudertalim-' altdl
other writing, ibliptlor\ in the nature theicol, one or more WSOCnt \'ice plCsidCIlb. a"i,Lmt >ecictarie, and auorncyf,t-it) laN, %,1,'II appllint,: it, har\c
the powers and duties usual to such offices to tilt- busines, of till, company: the ,ignalure of such olliccr, and ,Cad o) the ( ontp.ul� 111.1) he :all\.,l to am,
~[tell power of attorney or to any ccrtilicalte relating lheictn by facsimile. and any such ptmer til adtontey or cCIIlI I, ale b%'ariu , ,uCl1 1,1-jinile 11Lnanur,
or facsimile seal shall he valid and binding upon the C•omp.uly.and any sitll powel ,o e\CCmled and certified h, I:IC,n:111c ,i;_n.uurc, and LIC,inulc sca!
shall he valid and hinding upon the Colnpany lit Ilse fututc %%lilt respect to ant• handl or underuking or oillcl %mum_ I,h,ll_eldlrt 1u Ill" ualurr 111, tc1.1 I„
%\ hich it i, attached. Any such appointment may hC revoked!. for ca rise. or \%ifhout Cause. by aur of ,aid oil leri,. at am little.•.
In connection with obligations ill la%or oI the Honda Department of Tran.,portatliou Only. it I, :e•1CCd that the 110%dc1 iuldl authulu, hd:I'Al% _!iNCII i-, the
Atlorney-in-Fact includes any and ill] consents lit the release of relained percentage,, and,m lilml c,filnates till C11-inccuin_ anal rou,nuCnon counach
required by the State of Florida Department of transportation. It is full\ understood that Con,Cnun_ to the Static of l londa I ): p:,rtntCmt ,I 1 uut,porwtion
making paynient of the final estimate to the Contractor auldaur u, assignce. %hall not relieve thi, ,urn clamp.mn of :ml,, of it, 0111;_,iil,+n, under it, hoed.
In Connection %vith obligations in tadrn of the Ken4lcl.w I)cpaimient of Hi_'lmays onl%. it i, ,Bred that the I"Imer and .0 uloid\ hc1,•hy , r,t-n to file
Aiturney-in-Fact cannot be modified or rc%oked unless pilot arnica personal notice of such intent Iia, been 6%cn lit the (ontlni„iuncl I )cpatlntenl of
Flighwatys All' tile Commonwealth of Kcniticky til east thirty (30) dal}, prior to the modification or revocation.
IN WITNESS WHEREOF. the CAPITOL INDEMNITY CORPORNFION ha, caused 111"e present, to hC ,iened h} it, -Ill,c] uudel,i,_ned au,d 1t,
e(nporate seal to be hereto affixed duly auestcd. this 3rd day of :\lay. 2017.
idles.•
CAIIHOL INDFNINI'f1 CORPOR.\'I'IO\
lithe I: Rzepin,ki - • - -
Vice llre,idenl.Tiea,nrerdl'• CFO SEAL Stephetl J Sills
_ CEO & Pic,ident
Suzanne M. Broadbent
A„i,lant Secreta r\
STMT, OF WISCONSIN
S.S.
COCJNTI' Oh DANE
Cil the 3rd day of Nlay. 2017 before me personally cattle Stephen .1. Sills. to me known, who hcine by lite dilly ,%%ora. did dcpu,d and ,ay- Ihat ltd t••,IttC,
in the County of New Turk. State of NC%\ fork. that he i, President of CAPITOL INDF.NINITY CORPOR YI'ION. the toilim.mou desclih,d in and
which executed the above instrument: that It,: knodt, the ,Cad of the said corpoiatton. that the Nal allied it) ,a1tl In,trunlCnt i, ,tlCh cul porate ,:.IL 111:11 n
was so affixed by order of the Board of Directors tit' ,aid corporation and that he signed hl, name (hereto by like )urdcr.
4st� David J. Rcgcle
STATE OF WISCONSIN SS.. A, Notal\ Pubiit . I)an: Co.. \\'I
COUNTY OF DANE fly C'onlnli„ion I, I'milamcmt
I. the undersigned, duly elected to tide office ,talcdl helodw• no%% till incunth lit pr('Ai'iT(N,;NDEMNI'ITY CORPORATION. e \\'i,om,m Corporation.
authorized to make IN,, Certificate. DO HEREBY ('1:[t'I'IPY that litsof .\uontc\ milain, alt fait II11cc and l\,1, not hcen
re\oked: and furthermore. that the Resolution of the Board cif1)irect�>.r`I F Ijlt ^_, r!t L :'Cr, :'.uunlcy 1, li'm in lilt, c.
4�_ -F-
Signed and scaled at lite City of Middleton. State of 1\ i,tnn,in till, --`x ^da, i,
Antonio ( c lm
(iencral C'nun,cl. \tic I're,mklit ,\ SCC1eL1I'%
TIIIS INA NILN1' IS NoJ VALID ('\1 I -SS I'RIN11 D 1 r; 6RA) ',If \DI Ir �'.d�t ^w. r'\•'y. t 111 A kLD SFRI \t SI MBFR I\ Ilih. I PFI R RkillI If l\D
C(1RNE-R. II'1'(A IIA\I AN) 't,)t'ES"IIONS ('()\tTR\INti 1111 At III! \l It lI) (11 iimiiD()(I NIINI ( \11 `;a„1.t7, .ilio It NI\lit, , o. 'i
I do , do not X , propose to subcontract some of the work on this project.
I propose to Subcontract work to the following subcontractors:
Company Name: American Property Restoration, Inc
QR 20-PW04 20 Page
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
STATE OF GEORGIA
CITY OF MILTON
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-
10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical
performance of services on behalf of the City of Milton has registered with, is authorized to use
and uses the federal work authorization program commonly known as E -Verify, or any subsequent
replacement program, in accordance with the applicable provisions and deadlines established
in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal
work authorization program throughout the contract period and the undersigned contractor will
contract for the physical performance of services in satisfaction of such contract only with
subcontractors who present an affidavit to the contractor with the information required by
O.C.G.A. § 13-10-91(b).
Contractor hereby attests that its federal work authorization user identification number and date
of authorization are as follows:
587111
eVerify Number
Date of Authorization
American Property Restoration, Inc
Name of Contractor
Demolition Project - 15270 Hopewell Rd
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 , C, t , 2010n
A `t lam, r � C-- (city),L_ A (state).
f
Signature of Authorized Officer or Agent
Alpha Diallo, Manager
Printed Name and Title of Authorized Officer
or Agent
SUBS,CFIBInD AND SWO N BEFORE ME ON
THI' G DAY OF : 20B -
PUBLIC
[NOTARY SEAL]
My CommissiorVb
Notary POW
(Newton County, Georgie
My Comm.1xplree 01/2Bi2021
QR 20-PW04 21 int
' �6we4�eeo�
��� � _
. ` � r. 'Ply.
������ 'oma
Q �..�n P
� ��%� r
i
r-----; 1� � -� 1. 1, 1 r
ESTABLISHED 20G6
ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #1
QR 20-PW04
Upon receipt of documents, please email, fax or mail this page to:
City of Milton
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, GA 30004
Phone: 678-242-2500
Fax: 678-242-2499
Email: honor,motes@cityofmiltonaa.us
I hereby acknowledge receipt of documents pertaining to the above referenced
RFP.
COMPANY NAME: American Property Restoration, Inc
CONTACT PERSON: Alpha Diallo
ADDRESS: 3440 Oakcliff Rd Suite 124
CITY: Atlanta STATE: GA ZIP: 30340
PHONE: 770-733-3584 FAX: 678-387-2075
EMAIL ADDRESS: info@aprcat.com
Pk(c-_ --- 1/29/2020
Signature o Date
ADDENDUM #1
QR 20-PW04 Addendum #I l I P a g e
This Addendum forms a part of the contract documents and modifies the original
RFP documents as noted below:
Questions below were submitted after the jobsite visit on January 23, 2020.
Questions and Answers:
1. What is the estimated start date? Estimated NTP issued on February 20th
2. Is there any liquidate damages? No, the bidder should not bid on this project
if they are unable to complete the project in the time required in the bid
documents.
3. What are the requirement of backfill soil? Backfill should be clean and free
from organics.
4. Who is responsible for the testing? No testing is required.
S. Is there any the permits? Contractor is responsible for pulling a demo permit
with the City.
6. How much are the permit fees? Demo Permit fee is waived.
7. Who is responsible for the permit fees? Demo Permit fee is waived.
$. What is the budget for this project? This project is funded by a larger
Intersection budget.
9. In project's specification, under Permits and Licenses section, it states that
"Contractor shall procure all permits and licenses". Is there a General
Contractor License necessary to obtain these permits for this project? No
10. If not, does this meet the requirements of State of Georgia rules and
regulations? Yes
To help clarify demo limits of the concrete sidewalk and driveway on this project.
Everything behind the orange paint is to be removed.
See photos ,below....
QR 20-PW04 Addendum #1 2 1 Page
QR 20-PW04 Addendum # 1
QR 20-PW04 Addendum # 1 4 1 ",, ; I ,:
f® CERTIFICATE LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
02/10/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER.
CONTACT Gerald Allen
NAME:
Risk & Insurance Consultants, Inc
PHONE (404) 459-5975 FAX (404) 459-5976
LA/C,
/C No Ext): A/C, No):
An ISU Network Member
E-MAIL gallen@riskinsuranceco.com
ADDRESS:
5416 Glenridge Drive
EACH OCCURRENCE $ 1,000,000
INSURER(S) AFFORDING COVERAGE NAIC #
Atlanta GA 30342
INSURERA i GuideOne National Insurance Company 14167
INSURED
INSURER B: Travelers Casualty Insurance Company ofAmerica 19046
American Property Restoration; Inc
INSURERC: Technology Insurance Company, Inc. 42376
3440 Oakcliff Rd
INSURER D: Tokio Marine America Insurance Company 10945
Suite 124
INSURER E:
Atlanta GA 30340
INSURER F:
�.uv�eeiai�ra r:�w a o -u _® I i eu inn Fa W— UL [aa/n 14/zs oev���r,�r gnu mnoeo.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
MMIDD/YYYY
POLICY EXP
MM/DDIYYYY
LIMITS
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTEff PREMISES Ea. occurrence $ 50,000
MED EXP (Any one person) $ 5,000
PERSONAL &ADV INJURY $ 1,000,000
A
Y
Y
ENV562000545-01
09/24/2019
09/24/2020
GEN'LAGGREGATE LIMITAPPLIES PER:
X POLICY jE LOC
GENERAL AGGREGATE $ 2,000,000
PRODUCTS-COMP/OP AGG $ 2,000,000
Pollution Liability $ 1,000,000
OTHER:
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT $ 1,000,000
Ea accident
X
ANY AUTO
BODILY INJURY (Per person) $
B
OWNED SCHEDULED
AUTOS ONLY AUTOS
Y
Y
BA51\1659909
09/24/2019
09/24/2020
BODILY INJURY (Per accident) $
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
PROPERTY DAMAGE $
Per accident
Uninsured Motorist $ 300,000
X
UMBRELLA L
IX
OCCUR
EACH OCCURRENCE $ 2,000,000
A
EXCESS. LIAB
CLAIMS -MADE
Y
Y
ENV562000546-01
09/24/2019
09/24/2020
AGGREGATE $ .2,000,000
DED I X .RETENTION $ 10,000
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE YIN
OFFICER/MEMBER EXCLUDED? ❑Y
NIA
Y
TWC3812648
09/24/2019
09/24/2020
PER OTH-
X STATUTE ER
E. L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE -EA EMPLOYEE $ 1,000,000
(Mandatory in NH)
Ifves, dnscrihe undar
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT $ 1,000,000
D
Leased and Rented Equipment
Y
Y
CPP640864-02
09/24/2019
09/24/2020
Limit $50,000
Deductible $1,000
DESCRIPTION OF OPERATIONS I LOCATIONS./ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Demolition Project— 15270 Hopewell Rd, Milton GA
vr�� v rw�ucr\ I.ANL.CLLAI ILPN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Milton ACCORDANCE WITH THE POLICY PROVISIONS.
2006 Heritage Walk
Milton
GA 30004
AUTHORIZED REPRESENTATIVE
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
"EXHIBIT C"
CONTRACTOR AFFIDAVIT AND AGREEMENT
under O.C.G.A. § 13-10-91(b)(1)
STATE OF ' ; / [w
COUNTY OF
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of
services on behalf of the City of Milton, Georgia, has registered with, is authorized to use and uses the federal
work authorization program commonly known as E -Verify, or any subsequent replacement program, in
accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the
undersigned contractor will continue to use the federal work authorization program throughout the contract
period, and the undersigned contractor will contract for the physical performance of services in satisfaction of
such contract only with subcontractors who present an affidavit to the contractor with the information required
by O.C.G.A.§ 13-10-91(b).
Contractor hereby attests that its federal work authorization user identification number and date of authorization
are as follows:
6-6? rf- //
Federal Work Authorization User Identification
Number
Date of Atithorization
American Property Restoration Inc.
Contractor
Demolition Project — 15720 Hopewell Rd, Milton
GA
Name of Project
I hereby declare under penalty of perjury that the
foregoing is true and correct.
on
20490 in
_ (state).
Signature of Authorized Officer or Agent
AbA 6t :]�� lk do
Printed Nai6e and Title of Authorized Officer or
Agent
SUBSCRIBEDAl)I�SWORN BEFORE ME
City of Milton. Georgia ON T S THE �/ DAY OF
Name of Public Employer , 20,g C
[a
My Commission Expires:
Awn Be!
Notary PubAO
"EXHIBIT D"
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 American Property Restoration 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
Demolition Project — 15270 Hopewell Rd, Milton
GA
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:
MILTON*k
ESTABLISHED 2006
TO:
9ToTA
AGENDA ITEM:
CITY COUNCIL AGENDA ITEM
City Council
DATE: February 26, 2020
Steven Krokoff, City Manager
Approval of Subdivision Plats and Revisions
Name of Development / Location
Action
Comments /
# lots
Total
Acres
Density
1. Louis Reynaud
LL 184
Minor
Create 3
3.0
1 Lot/ acre
16530 Hopewell Road
Plat
Lots
MEETING DATE: Monday, March 2, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (41APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (kNO
CITY ATTORNEY REVIEW REQUIRED: () YES (�NO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 03(oZ/2o2u
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us
0000
To: Honorable Mayor and City Council Members
From: Parag Agrawal, Community Development Director
Date: Submitted on February 20, 2020 for the March 2, 2020
Regular Council Meeting
Agenda Item: Approval of Subdivision Plats and Revisions Approval
____________________________________________________________________________
Department Recommendation:
To approve the subdivision related plat as stated below.
Executive Summary:
The Milton Subdivision Regulations require that the Mayor and City Council approve all
Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been
reviewed and certified by the Community Development Director in accordance with
the Subdivision Regulations.
1. The Louis Reynaud minor plat described herein consists of a 3.0-acre parcel
located at 16530 Hopewell Road to be subdivided into three separate lots. The
size of all three lots is 1.0 acre.
Funding and Fiscal Impact:
None.
Alternatives:
Do not approve.
Legal Review:
None – not required.
Concurrent Review:
Steven Krokoff, City Manager
Attachment(s):
Consent Agenda Plats Staff Memo
Page 2 of 4
Plat List, Location Map, Plats
Name of Development / Location Action Comments /
# lots
Total
Acres Density
1. Louis Reynaud
LL 184
16530 Hopewell Road
Minor
Plat
Create 3
Lots 3.0 1 Lot / acre
Consent Agenda Plats Staff Memo
Page 3 of 4
Consent Agenda Plats Staff Memo
Page 4 of 4
TO:
FROM
MILTON'lt
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: February 26, 2020
Steven Krokoff, City Manager a)
AGENDA ITEM: Consideration of ZM20-02/VC20-02 at 15260 Hopewell Road
by Chris Sedgwick to revise conditions 2a, 3a, 3g and to
request to delete conditions 3b and 3c [H (Historic) RZ12-15] to
construct additional parking on the site. Concurrent variance
to Sec. 64-2455 - To allow application for a Certificate of
Appropriateness to be considered by the Design Review Board
instead of the Historic Preservation Commission.
MEETING DATE: Monday, March 2, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (1APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (t/NO
CITY ATTORNEY REVIEW REQUIRED: () YES (ANO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: o3/ot)tc26
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
0000
info®cityofmiltongo.us I www.cityofmiltonga.us
M I LTO NH4MTED 2
ZONING MODIFICATION STAFF REPORT
15260 Hopewell Road
CASE NUMBER:
CURRENT ZONING:
ACREAGE:
DISTRICT/SECTION/LAND
LOT(S):
OWNER:
APPLICANT:
APPLICANT'S REQUEST:
ZM20-02/VC20-02
H (Historic) RZ12-15
0.52 acres
2ND District, 2nd Section, Land Lot 534
Jeff Levitan
1865 Bethany Way
Milton, GA 30004
Chris Sedgwick
13050 Bethany Road
Milton, GA 30004
To modify conditions of rezoning application RZ12-15:
2) To the owner's agreement to abide by the following:
a) To the revised site plan received by the Community
Development Department on December 23, 2019 3eadery' 9,
204-3. Said site plan is site specific and must meet or exceed the
requirements of the Zoning Ordinance, all other applicable city
ordinances and these conditions prior to the approval of a Land
Disturbance Permit or Certificate of Occupancy. Unless
otherwise noted herein, compliance with all conditions shall be
in place prior to the issuance of the Certificate of Occupancy.
3) To the owner's agreement to the following site development
considerations:
a) Provide a 10 toot landscape strip along Thompson Road oRcl e
,. •.
E. -
To install an equestrian four -board style fence at a maximum
height of five (5) feet adjacent to property zoned AG -I
(Agricultural) along the south property lines of the subject site
zoned H (Historic) district.
k) To install wheel stops for all newly constructed perpendicular
parking spaces adjacent to the south property lines of the
subject site zoned H (Historic) district.
ZAA20-02/VC20-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 (First
Presentation on February 19, 2020)
Page 20 of 20 2/13/2020
g) All improvements to the site, structure and signs shall be
reviewed and granted a Certificate of Appropriateness by the
City of Milton
Design Review Board.
Concurrent Variance:
Sec. 64-2455 - To allow application for a Certificate of Appropriateness to
be considered by the Design Review Board instead of the Historic
Preservation Commission. (VC20-02)
LYM-02/VC20-02 - Prepared for the City of Milton Mayor ana City Council Meeting on March 2, 2020 Fist
Presentation on February 19, 2020
Page 2 of 20 2/13/2020
LOCATION MAP
IM20-02/VC20.02 - Prepared for the City of Milton Mayor ionic City Council Meeting on Mach 2, 2020 lFrst
Presentation on February 19, 2020)
Page 3 of 20 2/13/2020
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City of Milton
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IM20-02/VC20.02 - Prepared for the City of Milton Mayor ionic City Council Meeting on Mach 2, 2020 lFrst
Presentation on February 19, 2020)
Page 3 of 20 2/13/2020
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ZM20-02/VC20.02 - PreporeO for the City Of Milton Mayor and City Council Meeting on March 2, 2020 First
Presentation on February 19, 20201
Page 4 of 20 2/13/2020
r
REVISED SITE PIAN SUBMITTED - DECEMBER 23, 2019
ZM20-02/VC20-02 - Preporea for me Cry of Milton Maya and City Council Meeting on March 2, 2020 (First
Presentation on February 19. 2020)
Paye 5 c- 20 2/13/2020
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HISTORY AND BACKGROUND
The structure on the subject site was constructed in the early 1950's as a
general store with gas pumps serving the local community. Adjacent to
the south was a single-family residence on the same property which has
since been demolished. The store was known in the community as the
Hardeman Country Store. Prior to the incorporation of Milton in December
2006, the building (store) was not occupied. The owner at that time
renovated the store which included electrical, plumbing and septic
systems and pine flooring. The porch was also added during the
renovation. The gasoline tanks were removed in September 2006.
The owner applied for a business license from the City of Milton in March
2007 which was denied based on the lack of evidence that the last
business operation obtained a valid business license from Fulton County
and operated less than 6 months from the date of the City's
incorporation.
The property owner applied for a rezoning from AG -1 to C-1 in 2007 (RZ07-
03) to operate a general store, which was subsequently withdrawn at the
City Council meeting because of opposition to rezoning to C-1.
The City of Milton Historic Preservation Ordinance was adopted on June
21, 2010 by the Mayor and City Council. Subsequently, the Historic
Preservation Commission was created to fulfil the requirements of the
Ordinance.
ZM20-02/VC20.02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 )First
Presentation on February 19, 2020)
Page 7 of 20 2/13/2020
The H (Historic) District was created and adopted by the City Council on
December 19, 2011. In order to request a rezoning to H (Historic) District,
"The proposed historic use shall be limited to those historic structures
identified on the subject property and may not be expanded", pursuant
to Sec 64-953 (c). Another requirement for H (Historic) is "Any structure for
which a non -conforming historic use is proposed must first be designated
as historic by the City of Milton Historic Preservation Commission.",
pursuant to Sec. 64-953 (d).
The property owner applied once again for a rezoning from AG -1 to C-1
and AG -1 (there was a single-family home on the property) to operate
the general store (RZ11-19) in which the applicant requested withdrawal
at the January 2012 City Council Meefing in order to apply for the newly
created H (Historic) District mentioned above.
The subject property/structure was designated as historic on August 20,
2012. This was the next step prior to applying for the H (Historic) District.
RZ12-15—H (Historic) District
The property owner applied for the rezoning from AG -1 to H (Historic)
District to operate a general store in September 2012. Subsequently, the
Mayor and City Council approved the request on February 20, 2013 with
very specific conditions regarding the use of the property which is
provided below:
1) To the owner's agreement to restrict the use of the subject property as
follows:
a) Country store and associated accessory uses on a.5240 acre
including the existing 1,179 square foot structure and allowing only
those uses that are specific to the previous historic use: catering,
carryout and delivery, delicatessen, retail store orshop selling
groceries, hardware, seed and feed, sundry items, homemade
food, beverages. Also permitted are seasonal items such as
pumpkins, hay bales, pine straw, wreaths and Christmas trees so
long as they are sold and displayed within the building or on the
covered porch. The following uses shall be excluded, garage,
automobile repair or automotive specialty shop, gas station,
landscaping business or garden center, financial establishment,
drive through, commercial amusements, liquor sales and package
stores, motels, hotels, adult oriented entertainment businesses
including adult bookstores, adult entertainment or adult
entertainment establishments as defined in Article 3.3.3., check
cashing stores, coin operated laundries, video arcades, pool halls,
ZM20.02/VC20-02 -Prepared for the City of Milton Mayor and City Council Meeting on March 2 2020 (First
Presentation on February 19, 2020)
Page 8 of 20 2/13/2020
nail salons, beauty salons, barber shops, flea markets, secondhand
surplus retail shops, roadside vending, roadside produce stands,
precious metal sales, and billboards.
Since the time of the approval of RZ12-15, the applicant sold the property
to the current owner and Staff received many inquiries into potential new
business operations for the property, but none were initiated until early in
2019 when a general store was opened. Within a few months of the
opening, the business closed.
ZM20-02/VC20-02 - Current Reauest by Chris Sedgwick
The applicant, Mr. Sedgwick as proposed in his letter of intent, requested
the zoning modifications and concurrent variance in order to operate a
general store that serves gourmet coffee, doughnuts, and gelato with a
focus on all natural, local farm ingredients. The business will also offer a
selection of nostalgic goods and merchandise as would be found in a
traditional general store as well as handmade items such as pottery,
flower arrangements and, art and crafts produced by local artisans. Local
newspapers and magazines would be available as well as a community
bulletin board.
The exterior of the building will not be altered in any fashion as required by
the H (Historic) District. Also, no additional buildings are permitted to be
constructed on the site per the H (Historic) District.
There are currently five (5) parking space on the site of which one is a
handicapped space. The applicant is requesting the zoning modifications
and concurrent variance to construct 23 additional parking spaces
located on the site primarily to be located parallel to Thompson Road
located west of the building. The proposed parking area would be
constructed of gravel' If the request is approved, there will be a total of 28
parking spaces.
Public Involvement
Community Zonina Information Meetina
On January 28, 2020 the applicant was present at the Community Zoning
Information Meeting held at the Milton City Hall. There were
approximately five (5)' members of the community who signed the
attendance sheet. In general, the public wanted to gain a better
understanding of what was being proposed for the site. Once Mr.
ZM20.02/VC20.02 - Prepared for the City of Milton Mayor and City Council Meering on March 2, 2020 (First
' Presentatlon on February 19, 2020)
Page 9 of 20 2/13/2020
Sedgwick and Staff explained the request and the process, there was an
overall positive reaction to the project.
Analysis and Recommendation of Zonina Modifications and Concurrent
Vadance
Zonina Condition Modification Reauesf #1
2) To the owner's agreement to abide by the following:
a) To the revised site plan received by the Community
Development Department on December 23, 2019 J,—Rual:y 91
24 3. Said site plan is site specific and must meet or exceed the
requirements of the Zoning Ordinance, all other applicable city
ordinances and these conditions prior to the approval of a Lanc
Disturbance Permit or Certificate of Occupancy. Unless
otherwise noted herein, compliance with all conditions shall be
in place prior to the issuance of the Certificate of Occupancy.
Analysis of Reauest # 1
The applicant has requested that the current approved revised site plan
received on January 9, 2013 be replaced with a revised site plan that
shows 23 additional parking spaces of which 19 are located to the west of
the building and south of Thompson Road. An additional 10 -foot
landscape island will be required on the east end of the parking row.
There are four additional parking spaces along the south property line
near Hopewell Road. These proposed parking spaces will need to be
improved with gravel instead of grass.
In addition, the applicant is requesting to delete the 10 -foot landscape
strip along the south property line adjacent to the property zoned AG -1 as
well as the buffer where the proposed new 19 spaces are located. Lastly,
the applicant is requesting that parking be allowed along the south
property line deleting the required 10 -foot setback (which is in the same
location as the 10 -foot landscape strip). These specific changes will be
discussed in more detail below.
LJ20.02/VC20.02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 (First
Presentation on February 19, 20201
Page 10 of 20 2/17/2020
Recommendation of Request #1
As discussed above in the history and background, the property since its
rezoning to the H (Historic) District, has remained unoccupied except for a
few months. It is in the City's and the community's best interest to help
ensure the viability and physical condition of one of only two designated
historic buildings within the City. Although, the applicant is requesting the
deletion of the 10 -foot landscape strip and 10 -foot parking setback in
order to construct additional gravel parking, the property zoned AG -1 to
the south is owned by the same property owner and will be sold along
with the .52 -acre general store site. The applicant is preserving the 10 -foot
landscape strip along Thompson Road that will soften the view from
Thompson into the parking area. Staff notes that the 20 -foot drive.aisle
between the parking spaces and the landscape strip along Thompson
Road will only accommodate a one-way drive aisle with the 90 -degree
parking configuration. The City of Milton will be constructing a new round -
a -bout at the intersection of Hopewell and Thompson Roads that will be
more aligned with the eastern leg of Thompson Road. The design of the
round -a -bout will allow the easterly entrance/exit on Thompson Road to
access the round -a -bout. (See.rbund-a-bout exhibit below.)
Based on these issues relating to preserving the historic designated
building and applicant providing a sensible land plan to assist in the
successful operation of a new general store, Staff recommends that
Condition 2.a. be APPROVED CONDITIONAL as requested by the
applicant.
ZM20.02/VC20.02 - Preparedfor the City of Milton Mayor and City Council Meeting on March 2, 2020 (Fust
Presentation on February 19, 2020)
Pcge 11 of 20 2/13/2020
2M20.02/VC20-02 -Prepared for the City of Millon Mayor and City Council Meeting on March 2, 2020 (Fust
Presentation on February 19, 2020)
Page 12 of 20 2/13/2020
qn
2M20.02/VC20-02 -Prepared for the City of Millon Mayor and City Council Meeting on March 2, 2020 (Fust
Presentation on February 19, 2020)
Page 12 of 20 2/13/2020
MODIFICATION REQUESTS
2M20-02/VC20-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2. 2020 (First
Presentation on February 19. 20201
Page 13 of 20 2/13/2020
Zonina Condfflon Modification Reauest #2
3) To the owner's agreement to the following site development
considerations:
i) Provide a 10 foot landscape strip along Thompson Road cand o
Analysis of Reauest #2
In order to provide additional parking to serve the general store, the
applicant is requesting to delete the minimum 36 -foot buffer within the
western area down to 40 feet closer to the building to the east. As
discussed within the history and background, the store has been vacant
with one short-lived business. The applicant has proposed a new general
store that is in keeping with the zoning requirements for use, but with
additional parking to accommodate customers that will visit the store.
Recommendation of Reauest #2
As discussed above in the history and background, the property since its
rezoning to the H (Historic) District, has remained unoccupied except for a
few months. It is in the City's and the community's best interest to help
ensure the viability and physical condition of one of only two designated
historic buildings within the City. Although, the applicant is requesting the
deletion of the buffer located between Thompson Road and the south,
the property zoned AG -1 to the south is owned by the same property
owner and will be sold along with the .52 -acre general store site.
Based on these issues relating to preserving the historic designated
building and applicant providing a sensible land plan to assist in the
successful operation of a new general store, Staff recommends that
Condition 3.a. be APPROVED CONDITIONAL as requested by the
applicant.
ZM20-02/VC20.02 - Prepared for the City of Milton Maya and City Council Meeting on March 2, 2020 (First
Presentation on February 19, 2020)
Page 14 of 20 2/13/2020
Zonlna Condition Modftication Reauest #3
3) To the owner's agreement to the following site development
considerations:
Analysis of Reauest #3
The applicant is requesting to delete the 10 -foot landscape strip along the
south property line adjacent to the property zoned AG -1 where the
proposed new 19 spaces are located as well as the four additional
parking spaces shown in the grass. As discussed within the history and
background, the store has been vacant with one short-lived business. The
applicant has proposed a new general store that is in keeping with the
zoning requirements for use, but with additional parking to accommodate
customers that will visit the store.
Recommendation of Request #3
As discussed above in the history and background, the property since its
rezoning to the H (Historic) District, has remained unoccupied except for a
few months. It is in the City's and the community's best interest to help
ensure the viability and physical condition of one of only two designated
historic buildings within the City. Although, the applicant is requesting the
deletion of the 10 -foot landscape strip, the property zoned AG -1 to the
south is owned by the some property owner and will be sold along with
the .52 -acre general store site.
Based on these issues relating to preserving the historic designated
building and applicant providing a sensible land plan to assist in the
successful operation of a new general store, Staff recommends that
Condition 3.b. be APPROVED CONDITIONAL as requested by the
applicant.
ZM20-02/VC20.02 -Prepared for the City of Milton Mayor and City Council Meeting on March 2. 2020 First
Presentation on February 19, 20201
Page 15 of 20 2/13/2020
Zoning Condition Modification Request #4
3) To the owner's agreement to the following site development
considerations:
Analysis of Reauest #4
The applicant is requesting to delete the 10 -foot setback adjacent to
residentially used property along the south property line adjacent to the
property zoned AG -1 where the proposed new 19 gravel parking spaces
are located as well as the four additional parking spaces shown in the
grass. Staff notes that the residence that was located on the AG -1
property to the south in 2012 has since been demolished. The store has
been vacant with one short-lived business. The applicant has proposed a
new general store that is in keeping with the zoning requirements for use,
but with additional parking to accommodate customers that will visit the
store.
Recommendation of Reauest #4
As discussed above in the history and background, the property since its
rezoning to the H (Historic) District, has remained unoccupied except for a
few months. It is in the City's and the community's best interest to help
ensure the viability and physical condition of one of only two designated
historic buildings within the City. Although, the applicant is requesting the
deletion of the 10 -foot setback for gravel parking, the property zoned AG -
1 to the south no longer has a residence on the property.
Staff notes that it is necessary, if this request is approved, to install an
equestrian four board style fence at a maximum height of five feet
adjacent to the south property lines in order to keep parking and other
activities wholly within the H (Historic) District. In addition, wheel stops shall
be installed in front of the newly created perpendicular parking spaces.
These improvements will be included in the Conditions of Zoning.
Based on these issues relating to preserving the historic designated
building and applicant providing a sensible land plan to assist in the
successful operation of a new general store, Staff recommends that
CondWon 3.c. be APPROVED CONDITIONAL as requested by the
applicant.
2M20-02/VC20.02 - Prepared for the City of Miiton Mayor and City Council Meeting on March 2, 2020 (Fist
Presentation on February 19, 2020)
Page 16 of 20 2/13/2020
Zonina Condition Modification Reauest #5
3) To the owner's agreement to the following site development
considerations:
g) All improvements to the site, structure and signs shall be
reviewed and granted a Certificate of Appropriateness by the
City of Milton
Design Review Board.
Analysis of Request #5
The applicant is requesting this change in the review of the site, structure,
and signs from the Historic Preservation Commission (HPC) to the Design
Review Board (DRB). The reason for this request is that the HPC is no longer
active and is not able to conduct the required review. Although the
exterior of the building will not be altered, if approved, the site will be
reconfigured to provide additional parking and therefore, a Certificate of
Appropriateness will be required prior to construction of the site.
Recommendation of Request #5
Based on the fact that the HPC is no longer active, the proposed changes
will still need to be approved. Since the DRB's purpose is consistent with
the HPC's purpose to review the built environment, Staff recommends that
proposed modification be approved to require the DRB to review the
Certificate of Appropriateness. Staff recommends that Condition 3.g. be
APPROVED CONDITIONAL as requested by the applicant.
Concurrent Variance VC20-02
The applicant is requesting the following Concurrent Variance:
Sec. 64-2455 - To allow application for a Certificate of Appropriateness to
be considered by the Design Review Board (DRB) instead of the Historic
Preservation Commission (HPC).
A variance must be based upon credible evidence submitted at a public
hearing demonstrating compliance with items 1 through 4.
I l l Relief, if aranted would not offend the spirit or intent of this zoning
ordinance
ZM20-02/VC20-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 First
Presentation on February 19, 2020)
Page 17 of 20 2/13/2020
By allowing the DRB to consider a Certificate of Appropriateness instead
of the HPC would not offend the spirit or intent of this zoning ordinance
based on the fact that both bodies were established to review for
compliance of the zoning ordinance as it relates to buildings and
development plans as outlined in their respective codes.
application of this zoning ordinance would create an unnecessary
hardship due to size shape or t0000rophv or other extraordinary and
exceotional situations or conditions not caused by the variance
armlicont.
Since creation of the Historic Preservation Ordinance and HPC in 2010,
and the approval of RZ12-15, the HPC is no longer a working Commission.
By allowing the DRB to review the Certificate of Appropriateness, the
proposed changes to, the site can be achieved. With the abandonment
of the HPC, it has caused an exceptional situation not caused by the
applicant.
131 Relief, if granted would not cause a substantial detriment to the public
good and surrounding properties.
By allowing the DRB to review the Certificate of Appropriateness instead
of the HPC would not cause a substantial detriment to the public good
and surrounding properties.
By allowing the DRB to review the Certificate of Appropriateness instead
of the HPC the public safety, health and welfare are secured, and that
substantial justice is done. Therefore, Staff recommends APPROVAL
CONDITIONAL of VC20-02 by the applicant.
CONCLUSION
Based on: the evaluation of the requested Zoning Modifications and
Concurrent Variance, Staff recommends APPROVAL CONDITIONAL of
ZM20-02, requests 1 through 5 and VC20-02.
rM20.02/VC20.02 - Prepored1for the City of Milton Mayor and City Council Meeting on March 2, 2020 (First
Presentation on February 19, 2020)
Page 18 or 20 2/13/2020
RECOMMENDED CONDITIONS
Should the Mayor and City Council approve this petition ZM20-02 and
VC20-02, the recommended conditions and concurrent variance should
be read as follows:
3) To the owner's agreement to abide by the following:
a) To the revised site plan received by the Community
Development Department on December 23, 2019 3aauery 91
2413. Said site plan is site specific and must meet or exceed the
requirements of the Zoning Ordinance, all other applicable city
ordinances and these conditions prior to the approval of a Land
Disturbance Permit or Certificate of Occupancy. Unless
otherwise noted herein, compliance with all conditions shall be
in place prior to the issuance of the Certificate of Occupancy.
d) Provide a 10 foot landscape strip along Thompson Road eRd a
east8lfly
-_ 81 to
ThE)FnPSGR ROGd), FURR w tho -()rnoF of on existing•.
.42
g) All improvements to the site, structure and signs shall be
reviewed and granted a Certificate of Appropriateness by the
City of Milton 40of:ie Pr
Design Review Board.
To allow application for a Certificate of Appropriateness to be
considered by the Design Review Board instead of the Historic
Preservation Commission. (VC20-02)
ZAA20-02/VC20.02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 (First
Presentation on February 19, 2020)
Page 19 of 20 2/13/2020
To install an equestrian four -board style fence at a maximum
height of five (5) feet adjacent to property zoned AG -I
(Agricultural) along the south property lines of the subject site
zoned H (Historic) district.
k) To install wheel stops for all newly constructed perpendicular
parking spaces adjacent to the south property lines of the
subject site zoned H (Historic) district.
ZM20-02/VC20-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2. 2020 (First
Presentation on February 19, 2020
Page 20 cl 20 2/13/2020
• L�
To: Robyn MacDonald, Zoning Manager
From: Sara Leaders, PE, Transportation Engineer
Date: February 7, 2020
Zoning Item: ZM20-02/VC 20-02 12560 Hopewell Road
Departmental Recommendation:
Access to the site and frontage improvements shall be subject to the approval of City
of Milton Department of Public Works, prior to the issuance of a Land Disturbance
Permit or Certificate of Occupancy (whichever comes first). Entrance(s) and frontage
improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of
the City of Milton Code of Ordinances.
Departmental Comments:
Site improvements including driveway locations and pedestrian walkway are to be
coordinated with planned Hopewell Road at Thompson Road intersection
improvement project.
Proposed parking to be located a minimum of 40' from edge of travel lane
Attachment(s): Hopewell Road at Thompson Road Improvement Plan
2OD6 Heritage Walk Wton, GA P: 678.242.25001 F: 678.242.2499 infod0yofmPonga.us I www.0yotrritonga.us
0000
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To: Robyn MacDonald, Zoning Manager
From: Sandra DeWitt, City Arborist
Date: February 10, 2020
Zoning Item: ZM20-02 - Hopewell Road
Departmental Comments/Recommendation:
The site currently has no existing trees. The property will not be required to plant trees for
canopy coverage requirements, but should follow the parking lot requirements per
Section 64-1142 for the Rural Milton Overlay.
Attachment(&):
20061kri" Walk Miton. GA P: 678.242.25001 F: 678.242.2499 into0cityahrdtonga•us I www.chydrrilorga.rs
ORDINANCE NO.
PETITION NO. ZM20-02/VC20-02
STATE OF GEORGIA
COUNTY OF FULTON
APPROXIMATELY 0.52 ACRE.
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on March 2, 2020 at 6:00 p.m. as follows:
SECTION 1. That the condition of an Ordinance, approved on February 20,
2013, for petition RZ12-15 that approved a Rezoning to the H (Historic) District for a
general store, property located at 15260 Hopewell Road consisting of a total of
approximately 0.52 acre, attached hereto and made a part herein; -
SECTION 2. That the property shall be developed in compliance with the
conditions of approval as attached to this ordinance (ZM20-02/VC20-02). Any
conditions hereby approved (including any site plan) do not authorize the violation of
any district regulations; and
SECTION 3. That all ordinances or part of ordinances in conflict with the terms of
this ordinance are hereby repealed; and
SECTION 4. This Ordinance shall become effective upon adoption by the Mayor,
and City Council and the signature of approval of the Mayor.
ORDAINED this 2nd day of March 2020.
Approved:
Joe Lockwood, Mayor
Attest:
Sudie Gordon, City Clerk
(Seal)
RECOMMENDED CONDITIONS
Should the Mayor and City Council approve this petition ZM20-02 and VC20-02, the
recommended conditions and concurrent variance should be read as follows:
2) To the owner's agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on December 23, 2019 jGRUGF Y9, 2013. - Said site plan is site
specific and must meet or exceed the requirements of the Zoning
Ordinance, all other applicable city ordinances and these conditions prior to
the approval of a Land Disturbance Permit or Certificate of Occupancy.
Unless otherwise noted herein, compliance with all conditions shall be in
place prior to the issuance of the Certificate of Occupancy.
•) Provide • 10 foot landscape strip along • • • •••• and a miRimUm AR'
._
.0
••
g) All improvements to the site, structure and signs shall be
reviewed and granted a Certificate of Appropriateness by the
City of Milton
Design Review Board.
i) To allow application for a Certificate of Appropriateness to be
considered by the Design Review Board instead of the Historic Preservation
Commission. (VC20-02)
j) To install an equestrian four -board style fence at a maximum height of five (5)
feet adjacent to property zoned AG -1 (Agricultural) along the south property
lines of the subject site zoned H (Historic) district.
k) To construct the new parking area west of the building with gravel or other
pervious parking material approved by the Community Development
Director.
To install wheel stops for all newly constructed perpendicular parking spaces
adjacent to the south property lines of the subject site zoned H (Historic)
district.
Revised Site Plan received on December 2a 2019(z 2-02wc G)
All that tractor cannel of land lying and being in I and 4t 5.54 of the 2"d District, 2 Section of Fulton
County, Georgia anc being mare particulary described as follows:
Comm eice at the intersertinn of thn southerly right of way line of Thompson Road 160' R/WI and the
westerly 1ght of way line of F-cpcwcll Road j60' RJW) and run along the westerly right of way line ur
Hopewell Road 5o uth 24 degrees 16 minutes 09 serands wesc a distance of 10.5 feet buthe Point of
Beginning; thence continue along the westerly right of way IIne of Hopewell Road Seth 24 degrees 16
minums09 seconds West ad Isla lice or 94.53 feel lua point; ttuannecontinuine along the Westerly light
of way line of Hopewell Road South 25 degrees 28 minutes 18 seconds hest a distance of 10.5'eet to a
point; -.heroe North 68 degrees 10 minutes 12 seconds west 89.69 feet to a puint; Elicnce North 2:
degrees 34 minutes 48 secunds'drest a distanre of 35.46 feet to a point; thence North 61 degrees 23
minxes 23 seconds West a distance of 29.56 feel to a point; thence Norh 80 degrees 44 it 17
SFia11e5 %VeSI a distance of 190,43 feet; thence Narlh 09 degrees J 5 minutes 33 SeCOncs East a distance
of 46.00 teet to a point on the southerly right: of way line of-hotnpwit road; thence along the. southerly
right of way line of Thornpscn Road South 82 degrees o6 minutes 34 seconds East a distance of 135.30
feet to a point; thence continuing along said Southerly right of way line South 82 degrees OG minutes 35
words East a distance 0`138.48 feet to a point; thence South 80 degrees 11 minutes C5 seconds East
a distance of 69.97 reel to a point; thence South 27 degrees 57 minutes 211 seconds Fast a distance of
1286 feet to the Puint of 8egnming.
Said tract contains 0.522 Acres.
RECEIVED
ars 13 2020
city of fdifton
Q7mrnvnity Development
F�VISED
REVISED
zMZp- OZI VCzc>—o Z
TO:
FROM:
MILTON'k
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: February 26, 2020
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of Text Amendments- RZ20-01, RZ20-02, RZ20-03,
RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding
Chapter 64 Zoning of the Code of the City of Milton, Georgia.
MEETING DATE: Monday, March 2, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,KAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES ('4 -NO
CITY ATTORNEY REVIEW REQUIRED: () YES (^0
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: o�lotl �� J6Nt2
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
MILTON*t
ESTABLISHED 2006
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on February 13, 2020 for First Presentation on the
February 19, 2020 Regular City Council Meeting and March 2, 2020
under Zoning Agenda
Agenda Item: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03,
RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding
Chapter 64 Zoning of the Code of the City of Milton, Georgia.
Department Recommendation: Approval
Executive Summary: As part of the Chapter 4 - Alcoholic Beverages rewrite, we are
recommending text amendments to Chapter 64 - Zoning to allow usage of the
licenses/permits that are available through Chapter 4. These amendments were
unanimously approved at the January 29, 2020 Planning Commission meeting.
• August 2019 - Engaged Taylor English Duma, LLC for Phase I - Brainstorming
• August - Brainstorming Session with key City staff, developers, and leasing agents
• September 16 - Work Session
• September 26 - Article in Milton Herald
"Milton considers economic impact of updating alcohol ordinance"
• October 1 - Two public input sessions at City Hall
• October 1 - Engaged Taylor English Duma, LLC for Phase 11- Drafting
• October 8 - Article in Milton Herald
"Residents express support for Milton's alcohol ordinance updates"
• November 13- Work Session
• December 17 - CZIM
• January 29, 2020 - Planning Commission
RZ20-01
Sec. 64-1 Definitions
RZ20-02
Sec. 64-395 Uses Prohibited in All Districts
RZ20-03
Sec. 64-752 (1) Mixed Use District Permitted Uses
2006 Heritage walk Milton, GA P: 678.242.25001 F: 678.242.2499 infogcityofmiltonga.us Iwww.cityofmiltonga.us
0000
RZ20-04
Sec. 64-775 (1) Permitted Uses in C-1 Community Business District
Sec. 64-755 (2) Accessory Uses in C-1 Community Business District
RZ20-05
Sec. 64-798 (1) Permitted Uses in C-2 Community Business District
Sec. 64-798 (2) Accessory Uses in C-2 Community Business District
RZ20-06
Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District
Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District
RZ20-07
Sec. 64-1121 Allowed Use Chart
RZ20-08
Sec. 64 -Article XIX Crabapple Form Based Code
Table 9
Article 6-1 Definitions
RZ20-09
Sec. 64 -Article XX Deerfield Form Based Code
Table 10
Article 6-1 Definitions
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis — January 29, 2020
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
RZ20-01 Text Amendments
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE_
RZ20-01
AN ORDINANCE TO AMEND SEC. 64-1 OF CHAPTER 64 ZONING ORDINANCE —
DEFINITIONS
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on March 2, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64-1, provide for additional definitions
as they relate to Chapter 4 (Alcohol) of the City Code within the City of Milton
Zoning Ordinance is hereby adopted and approved; and is attached hereto as
if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 2nd day of March 2020.
Joe Lockwood, Mayor
Attest:
Sudie AM Gordon, City Clerk
STATE OF GEORGIA
COUNTY OF FULTON
RZ20-01
Sec. 64-1. Definitions.
ORDINANCE
RZ20-01
Bar shall have the same definition as set forth in Chapter 4 of the Milton Code of
Ordinances.
Brewery means a domestic manufacturing facility for malt beverages that is licensed by
the state.
Brewpub means any restaurant that also qualifies as an eating establishment in which
beer, wine and/or distilled spirits are licensed to be sold for consumption on the
premises and beer or malt beverages are manufactured or brewed, subject to the
barrel production limitation prescribed in O.C.G.A. § 3-5-36 for retail consumption in
draft form on the premises.
City Food Market shall have the same definition as set forth in Chapter 4 of the Milton
Code of Ordinances.
Courtyard Market shall have the some definition as set forth in Chapter 4 of the Milton
Code of Ordinances.
Craft Beer and/or Wine Market shall have the same definition as set forth in Chapter 4
of the Milton Code of Ordinances.
Distillery shall have the same definition as set forth in Chapter 4 of the Milton Code of
Ordinances.
Draft Form is beer served from a cask or pressurized keg rather than from a bottle or
can.
Eating Establishment shall have the same definition as set forth in Chapter 4 of the
Milton Code of Ordinances.
Farm Winery shall have the some definition as set forth in Chapter 4 of the Milton Code
of Ordinances.
Food Hall Cafe shall have the same definition as set forth in Chapter 4 of the Milton
Code of Ordinances.
Growler Shop shall have the same definition as set forth in Chapter 4 of the Milton Code
of Ordinances.
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE_
RZ20-01
Micro -Brewery shall have the same definition as set forth in Chapter 4 of the Milton
Code of Ordinances.
Micro -Distillery shall have the same definition as set forth in Chapter 4 of the Milton
Code of Ordinances.
Nightclub shall have the same definition as set forth in Chapter 4 of the Milton Code of
Ordinances.
Off -Premise Beer/Wine Retailer or Store means any person or entity that sells or provides
to the public unbroken packages or growlers, only to consumers and not for resell.
Off -Premise Distilled Spirits Retailer or Store means any person or entity that sells or
provides to the public distilled spirits and malt beverages and/or wine in unbroken
packages, not for consumption on the premises; and which derives from such retail sale
of alcoholic beverages in unbroken packages at least 75 percent of its total annual
gross sales from the sale of a combination of distilled spirits, malt beverages, and wine.
On -Premise Consumption Retailer or Store means any person or entity that sells or
provides to the public alcoholic beverages for consumption on the premises, only to
consumers and not for resale.
Private Club shall have the same definition as set forth in Chapter 4 of the Milton Code
of Ordinances.
Restaurant means any public place kept, used, maintained, advertised and held out to
the public as a place where meals are served and where meals are actually and
regularly served to patrons, without sleeping accommodations, such place being
provided with an adequate and sanitary full service kitchen and dining room
equipment, having employed therein a sufficient number and kind of employees to
prepare, cook and serve suitable food for its patrons. At least one meal per day shall be
served at least six days per week, with the exception of holidays, vacations and periods
of redecorating, and the serving of those meals shall be a principal portion of the
business conducted, with the serving of alcoholic beverages as only incidental thereto.
The restaurant seating area must be at least 40 percent of the gross square footage of
the restaurant facility. Seating space located outside of the main structure (i.e. patios,
decks, etc.) shall not be included in calculating seating space. The term "restaurant"
includes cafeteria.
Specialty Shop shall have the same definition as set forth in Chapter 4 of the Milton
Code of Ordinances.
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE_
RZ20-01
Sports Club shall have the same definition as set forth in Chapter 4 of the Milton Code of
Ordinances.
Tasting Room shall have the same definition as set forth in Chapter 4 of the Milton Code
of Ordinances.
TO:
FROM:
MILTON�
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: February 26, 2020
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of Text Amendments- RZ20-01, RZ20-02, RZ20-03,
RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding
Chapter 64 Zoning of the Code of the City of Milton, Georgia.
MEETING DATE: Monday, March 2, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,4 PPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES Q -NO
CITY ATTORNEY REVIEW REQUIRED: () YES (4 -NO
APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: 03loduz Dtf>,?-
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltongo.us
0000
MItTON*k
ESTABLISHED 2006
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on February 13, 2020 for First Presentation on the
February 19, 2020 Regular City Council Meeting and March 2, 2020
under Zoning Agenda
Agenda Item: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03,
RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding
Chapter 64 Zoning of the Code of the City of Milton, Georgia.
Department Recommendation: Approval
Executive Summary: As part of the Chapter 4 - Alcoholic Beverages rewrite, we are
recommending text amendments to Chapter 64 - Zoning to allow usage of the
licenses/permits that are available through Chapter 4. These amendments were
unanimously approved at the January 29, 2020 Planning Commission meeting.
• August 2019 - Engaged Taylor English Duma, LLC for Phase I - Brainstorming
• August - Brainstorming Session with key City staff, developers, and leasing agents
• September 16 - Work Session
• September 26 - Article in Milton Herald
"Milton considers economic impact of updating alcohol ordinance"
• October 1 - Two public input sessions at City Hall
• October 1 - Engaged Taylor English Duma, LLC for Phase II - Drafting
• October 8 - Article in Milton Herald
"Residents express support for Milton's alcohol ordinance updates"
• November 13 - Work Session
• December 17 - CZIM
• January 29, 2020 - Planning Commission
RZ20-01
Sec. 64-1 Definitions
RZ20-02
Sec. 64-395 Uses Prohibited in All Districts
RZ20-03
Sec. 64-752 (1) Mixed Use District Permitted Uses
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@dtyofmttonga.us I w .cityofmiltonga.us
0000
RZ20-04
Sec. 64-775 (1) Permitted Uses in C-1 Community Business District
Sec. 64-755 (2) Accessory Uses in C-1 Community Business District
RZ20-05
Sec. 64-798 (1) Permitted Uses in C-2 Community Business District
Sec. 64-798 (2) Accessory Uses in C-2 Community Business District
RZ20-06
Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District
Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District
RZ20-07
Sec. 64-1121 Allowed Use Chart
RZ20-08
Sec. 64 -Article XIX Crabapple Form Based Code
Table 9
Article 6-1 Definitions
RZ20-09
Sec. 64 -Article XX Deerfield Form Based Code
Table 10
Article 6-1 Definitions
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis - January 29, 2020
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
RZ20-02 Text Amendments
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE_
RZ20-02
AN ORDINANCE TO AMEND SEC. 64-395 OF THE ZONING ORDINANCE
(CHAPTER 64 OF THE CITY CODE) - USES PROHIBITED IN ALL DISTRICTS
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on March 2, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64-395, to add "bars and nightclubs"
as prohibited uses hereby adopted and approved; and is attached hereto as if
fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 2nd day of March 2020.
Joe Lockwood, Mayor
Attest:
Sudie AM Gordon, City Clerk
RZ20-02
Sec. 64395. - Uses prohibited in all zoning districts.
In all zoning districts the following uses are considered objectionable and are
prohibited: bars and nightclubs, fortune telling establishment, massage parlor, pool hall,
escort and dating services, vape shops, and tattoo and body art or piercing
establishment.
TO:
FROM:
MILTON'*
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: February 26, 2020
Steven Krokoff, City Manager )10
AGENDA ITEM: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03,
RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding
Chapter 64 Zoning of the Code of the City of Milton, Georgia.
MEETING DATE: Monday, March 2, 2020 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 (4*N0
CITY ATTORNEY REVIEW REQUIRED: () YES (�i0
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: L'3107/U'X D4fAII
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
MILTON*t
ESTABLISHED 2006
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on February 13, 2020 for First Presentation on the
February 19, 2020 Regular City Council Meeting and March 2, 2020
Zoning Agenda
Agenda Item: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03,
RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding
Chapter 64 Zoning of the Code of the City of Milton, Georgia.
Department Recommendation: Approval
Executive Summary: As part of the Chapter 4 - Alcoholic Beverages rewrite, we are
recommending text amendments to Chapter 64 - Zoning to allow usage of the
licenses/permits that are available through Chapter 4. These amendments were
unanimously approved at the January 29, 2020 Planning Commission meeting.
• August 2019 - Engaged Taylor English Duma, LLC for Phase I - Brainstorming
• August - Brainstorming Session with key City staff, developers, and leasing agents
• September 16 - Work Session
• September 26 - Article in Milton Herald
"Milton considers economic impact of updating alcohol ordinance"
• October 1 - Two public input sessions at City Hall
• October 1 - Engaged Taylor English Duma, LLC for Phase 11- Drafting
• October 8 - Article in Milton Herald
"Residents express support for Milton's alcohol ordinance updates"
• November 13 - Work Session
• December 17 - CZIM
• January 29, 2020 - Planning Commission
RZ20-01
Sec. 64-1 Definitions
RZ20-02
Sec. 64-395 Uses Prohibited in All Districts
RZ20-03
Sec. 64-752 (1) Mixed Use District Permitted Uses
2006 Heritage Walk Milton, GA P: 618.242.25001 F: 678.2422499 info@cityofmilfongo.us I www.cifyofmilfonga.us
} ■ ® # !J
RZ20-04
Sec. 64-775 (1) Permitted Uses in C-1 Community Business District
Sec. 64-755 (2) Accessory Uses in C-1 Community Business District
RZ20-05
Sec. 64-798 (1) Permitted Uses in C-2 Community Business District
Sec. 64-798 (2) Accessory Uses in C-2 Community Business District
RZ20-06
Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District
Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District
RZ20-07
Sec. 64-1121 Allowed Use Chart
RZ20-08
Sec. 64 -Article XIX Crabapple Form Based Code
Table 9
Article 6-1 Definitions
RZ20-09
Sec. 64 -Article XX Deerfield Form Based Code
Table 10
Article 6-1 Definitions
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis - January 29, 2020
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):•
RZ20-03 Text Amendments
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE_
RZ20-03
AN ORDINANCE TO AMEND SEC. 64-752 (1) OF THE ZONING ORDINANCE
(CHAPTER 64 OF THE CITY CODE) - MIXED USE DISTRICT PERMITTED USES
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on March 2, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64-752 (1), to include event facilities
and uses permitted in Chapter 4 (Alcohol) as permitted uses is hereby adopted
and approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 2nd day of March 2020.
Joe Lockwood, Mayor
Attest:
Sudie AM Gordon, City Clerk
RZ20-03
Sec. 64-752. - Use regulations.
(1) Permitted uses. Structures and land may be used for the following purposes:
i Assembly hall or event facility
kk. All uses licensed and/or permitted under Chapter 4.
TO:
FROM:
T N
1V� I L At
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: February 26, 2020
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03,
RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding
Chapter 64 Zoning of the Code of the City of Milton, Georgia.
MEETING DATE: Monday, March 2, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,K PPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES f6kNo
CITY ATTORNEY REVIEW REQUIRED: () YES (.VNO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: "3/°''l2 -OW 0 tb9z-
2006 Heritage Walk Milton, GA
0000
P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cifyofmiltongo.us
MILTON*
ESTABLISHED 2006
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on February 13, 2020 for First Presentation on the
February 19, 2020 Regular City Council Meeting and March 2, 2020
Zoning Agenda
Agenda Item: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03,
RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding
Chapter 64 Zoning of the Code of the City of Milton, Georgia.
Department Recommendation: Approval
Executive Summary: As part of the Chapter 4 - Alcoholic Beverages rewrite, we are
recommending text amendments to Chapter 64- Zoning to allow usage of the
licenses/permits that are available through Chapter 4. These amendments were
unanimously approved at the January 29, 2020 Planning Commission meeting.
• August 2019 - Engaged Taylor English Duma, LLC for Phase I - Brainstorming
• August - Brainstorming Session with key City staff, developers, and leasing agents
• September 16 - Work Session
• September 26 - Article in Milton Herald
"Milton considers economic impact of updating alcohol ordinance"
• October 1 - Two public input sessions at City Hall
• October 1 - Engaged Taylor English Duma, LLC for Phase II - Drafting
• October 8 - Article in Milton Herald
"Residents express support for Milton's alcohol ordinance updates"
• November 13 -Work Session
• December 17 - CZIM
• January 29, 2020 - Planning Commission
RZ20-01
Sec. 64-1 Definitions
RZ20-02
Sec. 64-395 Uses Prohibited in All Districts
RZ20-03
Sec. 64-752 (1) Mixed Use District Permitted Uses
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
RZ20-04
Sec. 64-775 (1) Permitted Uses in C-1 Community Business District
Sec. 64-755 (2) Accessory Uses in C-1 Community Business District
RZ20-05
Sec. 64-798 (1) Permitted Uses in C-2 Community Business District
Sec. 64-798 (2) Accessory Uses in C-2 Community Business District
RZ20.06
Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District
Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District
RZ20-07
Sec. 64-1121 Allowed Use Chart
RZ20-08
Sec. 64 -Article XIX Crabapple Form Based Code
Table 9
Article 6-1 Definitions
RZ20-09
Sec. 64 -Article XX Deerfield Form Based Code
Table 10
Article 6-1 Definitions
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis - January 29, 2020
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
RZ20-04 Text Amendments
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMEND SEC.
ORDINANCE (CHAPTER 64 OF THE
DISTRICT PERMITTED USES
ORDINANCE_
RZ20-04
64-775 (1) AND 64-775 (2) OF THE ZONING
CITY CODE) — C-1 (COMMUNITY BUSINESS)
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on March 2, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64-775 (1) and 64-775 (2), to include
event facilities and uses permitted in Chapter 4 (Alcohol) as permitted uses is
hereby adopted and approved; and is attached hereto as if fully set forth
herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 2nd day of March 2020.
Joe Lockwood, Mayor
Attest:
Sudie AM Gordon, City Clerk
RZ20-04
Sec. 64-775. (1), Sec. 64-775 (2), Permitted and Accessory Uses in C-1 (Community
Business) District
(1) Permitted uses. Structures and land may be used for only the following purposes:
c. Assembly hall or event facility
ss. All uses licensed and/or permitted under Chapter 4.
(2) Accessory uses. Structures and land may be used for uses customarily incidental
to any permitted use and a dwelling may be used for a home occupation.
Automobile and/or moving truck rental may be used in accessory to a permitted
use. All uses licensed and/or permitted under Chapter 4 are permitted accessory
uses. Not more than 45 percent of the floor area of a building or land may be
devoted to storage incidental to primary uses.
TO:
FROM:
MILTON'*
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: February 26, 2020
Steven Krokoff, City Manager 0
AGENDA ITEM: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03,
RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding
Chapter 64 Zoning of the Code of the City of Milton, Georgia.
MEETING DATE: Monday, March 2, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (P<PPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (4 -NO
CITY ATTORNEY REVIEW REQUIRED: () YES („yN0
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: cslctl u,u D kF(42-
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
MILTON*t
ESTABLISHED 2006
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on February 13, 2020 for First Presentation on the
February 19, 2020 Regular City Council Meeting and March 2, 2020
Zoning Agenda
Agenda Item: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03,
RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding
Chapter 64 Zoning of the Code of the City of Milton, Georgia.
Department Recommendation: Approval
Executive Summary: As part of the Chapter 4 - Alcoholic Beverages rewrite, we are
recommending text amendments to Chapter 64 - Zoning to allow usage of the
licenses/permits that are available through Chapter 4. These amendments were
unanimously approved at the January 29, 2020 Planning Commission meeting.
• August 2019 - Engaged Taylor English Duma, LLC for Phase I - Brainstorming
• August - Brainstorming Session with key City staff, developers, and leasing agents
• September 16 - Work Session
• September 26 - Article in Milton Herald
"Milton considers economic impact of updating alcohol ordinance"
• October 1 - Two public input sessions at City Hall
• October I - Engaged Taylor English Duma, LLC for Phase II - Drafting
• October 8 - Article in Milton Herald
"Residents express support for Milton's alcohol ordinance updates"
• November 13 - Work Session
• December 17 - CZIM
• January 29, 2020 - Planning Commission
RZ20-01
Sec. 64-1 Definitions
RZ20-02
Sec. 64-395 Uses Prohibited in All Districts
RZ20-03
Sec. 64-752 (1) Mixed Use District Permitted Uses
2006 Heritage walk Milton, GA P: 678.242.25001 F: 678.2422499 info@citydrniBorga.us I www.cifydrrillonga.us
0000
RZ20-04
Sec. 64-775 (1) Permitted Uses in C-1 Community Business District
Sec. 64-755 (2) Accessory Uses in C-1 Community Business District
RZ20-05
Sec. 64-798 (1) Permitted Uses in C-2 Community Business District
Sec. 64-798 (2) Accessory Uses in C-2 Community Business District
RZ20-06
Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District
Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District
RZ20-07
Sec. 64-1121 Allowed Use Chart
RZ20-08
Sec. 64 -Article XIX Crabapple Form Based Code
Table 9
Article 6-1 Definitions
RZ20-09
Sec. 64 -Article XX Deerfield Form Based Code
Table 10
Article 6-1 Definitions
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis - January 29, 2020
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
RZ20-05 Text Amendments
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE_
RZ20-05
AN ORDINANCE TO AMEND SEC. 64-798 (1) AND 64-798 (2) OF THE ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE) - C-2 (COMMUNITY BUSINESS)
DISTRICT PERMITTED USES
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on March 2, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64-798 (1) and 64-798 (2), to include
uses permitted in Chapter 4 (Alcohol) as permitted uses is hereby adopted and
approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 2nd day of March, 2020.
Joe Lockwood, Mayor
Attest:
Sudie AM Gordon, City Clerk
RZ20-05
Sec. 64-798. (1), Sec. 64-798 (2), Permitted and Accessory Uses in C-2 (Commercial)
District
(1) Permitted uses. Structures and land may be used for only the following purposes:
z. All uses licensed and/or permitted under Chapter 4.
(2) Accessory uses. Structures and land may be used for uses customarily incidental
to any permitted use and dwellings may be used for a home occupation. All uses
licensed and/or permitted under Chapter 4 are permitted accessory uses.
TO:
FROM:
MILTON
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: February 26, 2020
Steven Krokoff, City Manager 0
AGENDA ITEM: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03,
RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding
Chapter 64 Zoning of the Code of the City of Milton, Georgia.
MEETING DATE: Monday, March 2, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (kAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES P -NO
CITY ATTORNEY REVIEW REQUIRED: () YES (40N0
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 031U71 w2b Def -(L
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
MILTON'k
ESTABLISHED 2006
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on February 13, 2020 for First Presentation on the
February 19, 2020 Regular City Council Meeting and March 2, 2020
Zoning Agenda
Agenda Item: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03,
RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding
Chapter 64 Zoning of the Code of the City of Milton, Georgia.
Department Recommendation: Approval
Executive Summary: As part of the Chapter 4 - Alcoholic Beverages rewrite, we are
recommending text amendments to Chapter 64 - Zoning to allow usage of the
licenses/permits that are available through Chapter 4. These amendments were
unanimously approved at the January 29, 2020 Planning Commission meeting.
• August 2019 - Engaged Taylor English Duma, LLC for Phase I - Brainstorming
• August - Brainstorming Session with key City staff, developers, and leasing agents
• September 16 - Work Session
• September 26 - Article in Milton Herald
"Milton considers economic impact of updating alcohol ordinance"
• October 1 - Two public input sessions at City Hall
• October 1 - Engaged Taylor English Duma, LLC for Phase II - Drafting
• October 8 - Article in Milton Herald
"Residents express support for Milton's alcohol ordinance updates"
• November 13 -Work Session
• December 17 - CZIM
• January 29, 2020 - Planning Commission
RZ20-01
Sec. 64-1 Definitions
RZ20-02
Sec. 64-395 Uses Prohibited in All Districts
RZ20-03
Sec. 64-752 ( 1) Mixed Use District Permitted Uses
2006 Heritage Walk Won, GA P: 678.24225001 F: 67&242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
RZ20-04
Sec. 64-775 (1) Permitted Uses in C-1 Community Business District
Sec. 64-755 (2) Accessory Uses in C-1 Community Business District
RZ20-05
Sec. 64-798 (1) Permitted Uses in C-2 Community Business District
Sec. 64-798 (2) Accessory Uses in C-2 Community Business District
RZ20-06
Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District
Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District
RZ20-07
Sec. 64-1121 Allowed Use Chart
RZ20-08
Sec. 64 -Article XIX Crabapple Form Based Code
Table 9
Article 6-1 Definitions
RZ20-09
Sec. 64 -Article XX Deerfield Form Based Code
Table 10
Article 6-1 Definitions
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis - January 29, 2020
Concurrent Review:
Steve Krokoff, City Manager
Affachment(s):
RZ20-06 Text Amendments
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE_
RZ20-06
AN ORDINANCE TO AMEND SEC. 64-895 (1) AND 64-895 (2) OF THE ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE) — COMMUNITY UNIT PLAN
(CUP) DISTRICT PERMITTED USES
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on March 2, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64-895 (1) and 64-895 (2), to include
some uses permitted in Chapter 4 (Alcohol) as permitted uses is hereby adopted
and approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 2nd day of March 2020.
Joe Lockwood, Mayor
Attest:
Sudie AM Gordon, City Clerk
I.�k3oa�L•'
Sec. 64-895. (1), Sec. 64-895 (2), Permitted and Accessory Uses in Community Unit Plan
(CUP)
(1) Permitted uses. Structures and land may be used for only the following purposes:
a. Single-family dwelling.
b. Golf course, country club, pool and recreation court.
(2) Accessory uses. A structure or land may be used for uses customarily incidental to
any permitted use and a dwelling may be used for a home occupation. Retail
and service uses, and clubs accessory to recreation facilities are allowed subject
to the following conditions:
a. Accessory retail and service uses shall be located wholly within a building with
a majority of the floor area designed for recreation uses. No outdoor
advertising is allowed.
b. Retail and service uses shall be limited to convenience retail and service
establishments such as pro shops and personal services. Restaurants,
Specialty Shops, and Incidental Licenses accessory to a club are allowed.
TO:
FROM:
MILTON't
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: February 26, 2020
Steven Krokoff, City Manager 40)
AGENDA ITEM: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03,
RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding
Chapter 64 Zoning of the Code of the City of Milton, Georgia.
MEETING DATE: Monday, March 2, 2020 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 (JAC,
CITY ATTORNEY REVIEW REQUIRED: () YES (^0
APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: 05/02/u[o a/tfPL
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
MILTON*k
ESTABLISHED 2006
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on February 13, 2020 for First Presentation on the
February 19, 2020 Regular City Council Meeting and March 2, 2020
Zoning Agenda
Agenda Item: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03,
RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding
Chapter 64 Zoning of the Code of the City of Milton, Georgia.
Department Recommendation: Approval
Executive Summary: As part of the Chapter 4 - Alcoholic Beverages rewrite, we are
recommending text amendments to Chapter 64 - Zoning to allow usage of the
licenses/permits that are available through Chapter 4. These amendments were
unanimously approved at the January 29, 2020 Planning Commission meeting.
• August 2019 - Engaged Taylor English Duma, LLC for Phase I - Brainstorming
• August - Brainstorming Session with key City staff, developers, and leasing agents
• September 16 - Work Session
• September 26 - Article in Milton Herald
"Milton considers economic impact of updating alcohol ordinance"
• October 1 - Two public input sessions at City Hall
• October 1 - Engaged Taylor English Duma, LLC for Phase II - Drafting
• October 8 - Article in Milton Herald
"Residents express support for Milton's alcohol ordinance updates"
• November 13 -Work Session
• December 17 - CZIM
• January 29, 2020 - Planning Commission
RZ20-01
Sec. 64-1 Definitions
RZ20-02
Sec. 64-395 Uses Prohibited in All Districts
RZ20-03
Sec. 64-752 (1) Mixed Use District Permitted Uses
2006 Hentage Walk Milton, GA P: 678.242.25001 F: 67&242.2499 infora'cityofmiltonga.us I www.cityofmiltonga.us
0000
RZ20-04
Sec. 64-775 (1) Permitted Uses in C-1 Community Business District
Sec. 64-755 (2) Accessory Uses in C-1 Community Business District
RZ20-05
Sec. 64-798 (1) Permitted Uses in C-2 Community Business District
Sec. 64-798 (2) Accessory Uses in C-2 Community Business District
RZ20-06
Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District
Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District
RZ20-07
Sec. 64-1121 Allowed Use Chart
RZ20-08
Sec. 64 -Article XIX Crabapple Form Based Code
Table 9
Article 6-1 Definitions
RZ20-09
Sec. 64 -Article XX Deerfield Form Based Code
Table 10
Article 6-1 Definitions
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis - January 29, 2020
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
RZ20-07 Text Amendments
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE_
RZ20-07
AN ORDINANCE TO AMEND SEC. 64-1121 ALLOWED USE CHART OF THE RURAL
MILTON OVERLAY OF THE ZONING ORDINANCE (CHAPTER 64 OF THE CITY
CODE)
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on March 2, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64-1121 Use Chart for Rural Milton
Overlay, to include some uses permitted in Chapter 4 (Alcohol) as permitted
uses is hereby adopted and approved; and is attached hereto as if fully set forth
herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 2nd day of March 2020.
Joe Lockwood, Mayor
Attest:
Sudie AM Gordon, City Clerk
RZ20-07
Sec. 64-1121. - Allowed use chart.
The following chart identifies uses and their assigned categories. These uses are allowed
by right (with asterisks) or required by use permit. It is the intent that some types of uses
must comply with certain development standards outlined in the Rural Milton Overlay
District.
Commercial Type
Agricultural
Institutional
Non -Single -
Single -Family
Uses
Type
Type
Famil Y Uses
Uses
Uses
Uses
Aircraft landing
Agricultural
Assisted living,
Single-family
area
related
personal care
Apartments homes*
activities**
home
Accessory
Daycares
Amphitheatre**
Artist studio
related to
Country inn** structures to
church/school
the SFR*
Townhouses/two- Senior
Bed and
Barns or ridIng
Medical
lodging, group
breakfast**
areas*
residences
family housing (SFR)
Mobile
homes,
accessory
dwelling
Driving range**
Cemetery and
Museums**
Senior housing
(To be used
mausoleum
(MFR)
as temporary
dwelling
while
permanent
structure is
built)
Exotic or wild
Composting
Places of
Group
residence for
animals
worship
5-8 children
Festivals or events,
Equine
garment
Schools,
outdoor/indoor"
fabrication
private/special
Greenhouses—
Greenhouses*
Hydroponic, larger
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE
RZ20-07
than 5,000square
feet*
Group residence
Lodge, retreat,
for 9-15 children
or
campground**
Kennel*
Quarries and
surface mining
Landfill, inert
Roadside
waste disposal
stands*
Landfill, solid
Rural or
waste
Agricultural
event facility**
Landscape
business
Medical related
lodging
Race track**
Recreational fields
Self storage/multi
Sky walk
Stadium (off-site)
associated with
private school
Uses within the C-
1, C-2, 0-1 zoning
districts*, **
veterinary,
veterinary
hospital*
*Allowed by right within zoning district.
**Where qualified, all uses licensed and/or permitted under Chapter 4.
TO:
FROM:
MILTON*k
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: February 26, 2020
Steven Krokoff, City Manager v%
AGENDA ITEM: Consideration of Text Amendments- RZ20-01, RZ20-02, RZ20-03,
RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding
Chapter 64 Zoning of the Code of the City of Milton, Georgia.
MEETING DATE: Monday, March 2, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,KAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (LkNO
CITY ATTORNEY REVIEW REQUIRED: ( ) YES („y O
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: c'3(Vy11410 1iCWL
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltongo.us
0000
MILTON*t
ESTABLISHED 2006
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on February 13, 2020 for First Presentation on the
February 19, 2020 Regular City Council Meeting and Zoning on
March 2, 2020 and March 2, 2020 Zoning Agenda
Agenda Item: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03,
RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding
Chapter 64 Zoning of the Code of the City of Milton, Georgia.
Department Recommendation: Approval
Executive Summary: As part of the Chapter 4 - Alcoholic Beverages rewrite, we are
recommending text amendments to Chapter 64 - Zoning to allow usage of the
licenses/permits that are available through Chapter 4. These amendments were
unanimously approved at the January 29, 2020 Planning Commission meeting.
• August 2019 - Engaged Taylor English Duma, LLC for Phase I - Brainstorming
• August - Brainstorming Session with key City staff, developers, and leasing agents
• September 16 - Work Session
• September 26 - Article in Milton Herald
"Milton considers economic impact of updating alcohol ordinance"
• October 1 - Two public input sessions at City Hall
• October 1 - Engaged Taylor English Duma, LLC for Phase II - Drafting
• October 8 - Article in Milton Herald
"Residents express support for Milton's alcohol ordinance updates"
• November 13 - Work Session
• December 17 - CZIM
• January 29, 2020 - Planning Commission
RZ20-01
Sec. 64-1 Definitions
RZ20-02
Sec. 64-395 Uses Prohibited in All Districts
RZ20-03
Sec. 64752 (1) Mixed Use District Permitted Uses
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us
0000
RZ20-04
Sec. 64-775 (1) Permitted Uses in C-1 Community Business District
Sec. 64-755 (2) Accessory Uses in C-1 Community Business District
RZ20-05
Sec. 64-798 (1) Permitted Uses in C-2 Community Business District
Sec. 64-798 (2) Accessory Uses in C-2 Community Business District
RZ20-06
Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District
Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District
RZ20-07
Sec. 64-1121 Allowed Use Chart
RZ20-08
Sec. 64 -Article XIX Crabapple Form Based Code
Table 9
Article 6-1 Definitions
RZ20-09
Sec. 64 -Article XX Deerfield Form Based Code
Table 10
Article 6-1 Definitions
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis - January 29, 2020
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
RZ20-08 Text Amendments
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE_
RZ20-08
AN ORDINANCE TO AMEND SEC. 64 -ARTICLE XIX CRABAPPLE FORM BASED
CODE OF THE ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE)
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on March 2, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64 -Article XIX -Table 9, and 6-1
Definitions, to include uses permitted in Chapter 4 (Alcohol) as permitted uses is
hereby adopted and approved; and is attached hereto as if fully set forth
herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 2nd day of March 2020.
Joe Lockwood, Mayor
Attest:
Sudie AM Gordon, City Clerk
RZ20-08
Section 64 -Article XIX Crabapple Form Based Code, 6-1 Definitions, Table 9
TABLE 9: - Specific Function and Use.
This table expands the categories of Table 8 to delegate specific Functions and uses
within Transect Zones.
R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT
Id. RETAIL
T2
I T3 I
T4 -R
I T4 I
T4-0
I T5
Where qualified, all uses licensed and/or
permitted under Chapter 4
R
R
R
:�Q�1q�1►111L�7►E9
Any terms not specifically defined herein shall have the same definitions as otherwise
set forth in any other chapter of this ordinance.
TO:
FROM:
T N
_NSI L
'k
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: February 26, 2020
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03,
RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding
Chapter 64 Zoning of the Code of the City of Milton, Georgia.
MEETING DATE: Monday, March 2, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (PAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (J -`NO
CITY ATTORNEY REVIEW REQUIRED: () YES (-r'NO
APPROVAL BY CITY ATTORNEY. () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 051°Lt uw o&fA(L-
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
01000
info@cityofmiltonga.us I www.cityofmiltongo.us
MILTON*t
ESTABLISHED 2006
To: Honorable Mayor and City Council Members
From: Sarah LaDart, Economic Development Manager
Date: Submitted on February 13, 2020 for First Presentation on the
February 19, 2020 Regular City Council Meeting and March 2, 2020
Zoning Agenda
Agenda Item: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03,
RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding
Chapter 64 Zoning of the Code of the City of Milton, Georgia.
Department Recommendation: Approval
Executive Summary: As part of the Chapter 4 -Alcoholic Beverages rewrite, we are
recommending text amendments to Chapter 64 - Zoning to allow usage of the
licenses/permits that are available through Chapter 4. These amendments were
unanimously approved at the January 29, 2020 Planning Commission meeting.
• August 2019 - Engaged Taylor English Duma, LLC for Phase I - Brainstorming
• August - Brainstorming Session with key City staff, developers, and leasing agents
• September 16 - Work Session
• September 26 - Article in Milton Herald
"Milton considers economic impact of updating alcohol ordinance"
• October 1 - Two public input sessions at City Hall
• October 1 - Engaged Taylor English Duma, LLC for Phase II - Drafting
• October 8 - Article in Milton Herald
"Residents express support for Milton's alcohol ordinance updates"
• November 13 - Work Session
• December 17 - CZIM
• January 29, 2020 - Planning Commission
RZ20-01
Sec. 64-1 Definitions
RZ20-02
Sec. 64-395 Uses Prohibited in All Districts
RZ20-03
Sec. 64-752 (1) Mixed Use District Permitted Uses
2006 Hentoge Walk Milton, GA P: 678.242.25001 F: 67&242.2499 info@cityofmiltongo.us I w .cityofmiltongo.us
0000
RZ20-04
Sec. 64-775 (1) Permitted Uses in C-1 Community Business District
Sec. 64-755 (2) Accessory Uses in C-1 Community Business District
RZ20-05
Sec. 64-798 (1) Permitted Uses in C-2 Community Business District
Sec. 64-798 (2) Accessory Uses in C-2 Community Business District
RZ20-06
Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District
Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District
RZ20-07
Sec. 64-1121 Allowed Use Chart
RZ20-08
Sec. 64 -Article XIX Crabapple Form Based Code
Table 9
Article 6-1 Definitions
RZ20-09
Sec. 64 -Article XX Deerfield Form Based Code
Table 10
Article 6-1 Definitions
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis - January 29, 2020
Concurrent Review:
Steve Krokoff, City Manager
Affachment(s):
RZ20-09 Text Amendments
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE_
RZ20-09
AN ORDINANCE TO AMEND SEC. 64 -ARTICLE XX DEERFIELD FORM BASED
CODE OF THE ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE)
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on March 2, 2020 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Sec. 64 -Article XIX -Table 10 and 6-1
Definitions, to include uses permitted in Chapter 4 (Alcohol) as permitted uses is
hereby adopted and approved; and is attached hereto as if fully set forth
herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 2nd day of March 2020.
Joe Lockwood, Mayor
Attest:
Sudie AM Gordon, City Clerk
RZ20-09
Section 64 -Article XX Deerfield Form Based Code, 6-1 Definitions, Table 10
Table 10: - Specific Function and Use.
This table expands the categories of Table 9 to delegate specific Functions and uses
within Transect Zones.
R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT
d. RETAIL
T2
T3
T4
T4 -P
4-0
T5
T6
Where qualified, all uses licensed and/or
permitted under Chapter 4
R
R
R
R
R
6.1 - DEFINITIONS
Any terms not specifically defined herein shall have the same definitions as otherwise
set forth in any other chapter of this ordinance.
MILTON't
TO:
FROM:
AGENDA ITEM:
MEETING DATE:
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: February 26, 2020
Steven Krokoff, City Manager 40
Consideration of a Resolution Approving the 2020 Update for
the Milton Local Emergency Operations Plan (LEOP).
Monday, March 2, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (4-1APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (4"&0
CITY ATTORNEY REVIEW REQUIRED: () YES (AO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 0 3 tool zsu
2006 Heritage Walk Milton, GA
0000
P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us
To: Honorable Mayor and City Council Members
From: Matt Marietta, Emergency Manager & Deputy Fire Chief
Date: Submitted on January 23, 2020 for the March 2, 2020 Regular
Council Meeting
Agenda Item: Consideration of a Resolution Approving the 2020 Update for the
Milton Local Emergency Operations Plan
_____________________________________________________________________________________
Department Recommendation: Approve the Resolution adopting the 2020 update of
the Milton Local Emergency Operations Plan (LEOP).
Executive Summary: City Code Chapter 18, Section 24 requires that Milton maintain “a
comprehensive disaster basic plan which shall be adopted and maintained by city
council resolution upon the recommendations of the director” of emergency
management. The plan was initially drafted and approved in 2008, then updated in
2010 (following the City’s change in organizational structure). The current iteration
needs updating to reflect the evolution of the hazards facing Milton and changes to its
organizational structure.
The emergency management program is currently undergoing a comprehensive
update, and the new LEOP represents the cornerstone of that project. Primary changes
involve bringing each City department into the emergency management process—to
some degree—and simplifying the LEOP to make it a more usable document to
departments that are not front-line public safety providers.
Funding and Fiscal Impact: The update of the LEOP will not have a cost associated
with it, though indirect community costs of not improving our program and keeping it
current could be tremendous in the event of a major disaster.
Alternatives: While there are different avenues to developing a plan than was taken in
this project (e.g. it could be outsourced to a private 3rd party), by ordinance there is no
alternative to having a LEOP.
Legal Review:
NA
Page 2 of 2
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
Resolution
STATE OF GEORGIA RESOLUTION NO.
COUNTY OF FULTON
A RESOLUTION OF THE CITY OF MILTON ADOPTING THE 2020 UPDATE OF THE LOCAL
EMERGENCY OPERATIONS PLAN
WHEREAS, O.C.G.A. § 36-35-3 provides that the governing authority of a
municipality may adopt clearly reasonable ordinances, resolutions, and regulations; and
WHEREAS, City Code Chapter 18, Section 24 requires that the City maintain “a
comprehensive disaster basic plan which shall be adopted and maintained by city
council resolution; and
WHEREAS, the City’s Departments have worked together to update this plan in
order to maximize available resources to serve the Milton community in times of
emergency and/or disaster;
THEREFORE, IT IS HEREBY RESOLVED;
That the Mayor, or other City staff members as appropriate, are authorized and
directed to execute the Pre-Application and deliver it to the Georgia Department of
Natural Resources.
RESOLVED this 2nd day of March 2020.
_________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, City Clerk Seal
City of Milton
LOCAL EMERGENCY OPERATIONS
PLAN
February 2020 Revision
EXECUTIVE SUMMARY
This Emergency Operations Plan (EOP) describes the management and coordination of
resources and personnel during major emergencies. This plan was developed in
consultation with those various municipal departments that have key roles during
emergencies or disasters. It is incumbent that those departments named as having key
roles during emergencies properly plan for their individual responsibilities in the event of
an emergency.
This plan is meant to serve as a local guide to emergency operations, but it is not meant
to supersede the emergency operations plan generated collectively under the
auspices of the Atlanta Fulton County Emergency Management Agency (AFCEMA). In
keeping with State Law, the City of Milton recognizes that Fulton County serves as the
primary emergency management entity in the County and expects that the Milton
public safety staff will be incorporated in the development of the County Plan.
The Milton Emergency Operations Plan incorporates lessons from the Georgia
Emergency Management Agency’s (GEMA) EOP. The basic outline for these
documents is founded in the planning methodology developed by the Federal
Emergency Management Agency.
The Plan will be updated at least every five years and will be reviewed annually. The
individual municipal departments represented in each Emergency Support Function
(“ESF”) (such as Public Works) have been charged with the responsibility of reviewing
and implementing these changes. They are also responsible for advising the City
Manager (or his/her designee) of any substantive changes in planning for the ESF.
With this in mind, this plan will:
• Define emergency response needs and policies in the City of Milton;
• Establish the need for emergency response policies that provide Departments
and Agencies with guidance for the coordination and direction of municipal
plans and procedures; and
• Provide a basis for unified training and response exercises.
The plan consists of the following components:
• The Base Plan;
• Annex A—Emergency Operations Center Guidelines;
• Annex B—Public Warning Systems
• Annex C—Crisis Communications
• Annex D—Department Responsibilities (Emergency Support Functions); and
• Annex E—Legislative Annex.
Emergency Management staff will also produce and update as necessary:
• A Support Department Policy;
• A Continuity of Operations Plan (COOP) Policy;
• A Training Plan;
• A Point of Distribution (POD) Plan for
o Public Health Emergencies;
o Emergency Supply Distribution.
Finally, the Emergency Manager shall coordinate with the Atlanta Fulton County
Emergency Management Agency (AFCEMA), the Georgia Emergency Management
Agency (GEMA), and the Federal Emergency Management Agency (FEMA) on the
periodic Regional Hazard Mitigation Plan update and any other mandated planning.
Copies of this EOP and the associated annexes shall be placed on the City server in a
location accessible to City Departments responsible for portions of the plan.
Additionally, a hard copy of the plan shall be maintained by the Emergency Manager.
Emergency Support Functions Overview
The following pages contain a summary of the Emergency Support Functions (ESF) as
outlined by FEMA and the National Response Framework. Because of Milton’s
organizational structure, some departments will be responsible for multiple ESFs.
1. Transportation
Support and assist municipal, county, private sector, and volunteer
organizations requiring transportation for an actual or potential large-scale
emergency or disaster
2. Communications
Ensure effective communications support to municipal, county, and private-
sector response efforts during an actual or potential large-scale emergency
or disaster
3. Public Works and Engineering
Coordinate and organize the capabilities and resources of the municipal and
county governments to facilitate the delivery of services, technical
assistance, engineering expertise, construction management, and other
support to prevent, prepare for, respond to, and/or recover from an actual or
potential large-scale emergency or disaster
4. Firefighting
Enable the detection and suppression of structural, wildland, and rural fires
resulting from or occurring coincidentally with an actual or potential large-
scale emergency or disaster
5. Emergency Management
Support overall activities of the City of Milton, its Police and Fire departments,
and function as the coordinator among departments within the City and with
various other municipal, county, state, and federal agencies.
6. Mass Care, Housing and Human Services
Support municipal and non-governmental organization efforts to address
non-medical mass care, housing, and human services needs of individuals
and/or families impacted by an actual or potential large-scale emergency or
disaster.
7. Resource Supports
Support volunteer services and City Departments in tracking, providing,
and/or requiring resource supports before, during, and/or after an actual or
potential large-scale emergency or disaster
8. Public Health and Medical Services
Provide the mechanism for a coordinated City response to public health and
medical care needs (including veterinary and/or animal health issues, when
appropriate) for actual or potential large-scale emergencies, disasters,
and/or other developing health and medical situations
9. Search and Rescue
Rapidly deploy components of the City’s Search and Rescue function (and
those of surrounding municipal partners) to provide specialized life-saving
activities
10. Hazardous Materials
Coordinate the City response to an actual or potential discharge and/or
uncontrolled release of oil or hazardous materials during an actual or
potential large-scale emergency or disaster
11. Food and Water
Support City authorities and other agency efforts to address the provision of
nutrition assistance, control and eradication of an outbreak of a highly
contagious or economically devastating animal/zoonotic disease, assurance
of food safety and food defense, and protection of natural/cultural resources
and historic properties
12. Energy
Restore damaged energy systems and components during a potential or
actual large-scale emergency or disaster
13. Public Safety and Security
Provide primary law enforcement services and any needed security-related
support to other ESFs during potential or actual large-scale emergencies or
disasters
14. Long-Term Recovery and Mitigation
Establishes a framework for government to take a primary role through the
Building Department and Community Development Department to plan for
and guide the long-term recovery process through employing zoning
regulations, infrastructure improvement, code implementation, and
economic development activities to create a more hazard-resilient
community. This ESF will also support nongovernmental organizations and
the private sector in order to enable community recovery from the long-term
consequences of a large-scale emergency or disaster.
15. External Affairs
Ensure that sufficient assets are deployed to the field during a potential or
actual large-scale emergency or disaster. These assets will work to provide
accurate, coordinated, and timely information to affected audiences
including governments, media, the private sector, and especially the general
public.
BASIC PLAN
Introduction
The City of Milton Emergency Operations Plan (EOP) is intended to provide Milton a
City-specific guide for Emergency Management while following the basic outline and
requirements of the state and Fulton County Emergency Operations Plan. This is
intended to provide operational continuity between the various levels of government.
Yet this plan is intended to provide broad guidelines only, and the discipline-specific
development of Standard Operating Procedures (SOPs) in mitigation, preparedness,
response, and recovery from and emergency by the City and by the individual
departments are the responsibility of each of the detailed City Departments. These
should be developed in conjunction with each other with the goal of developing an
integrated plan under the auspices of this EOP in the interest of a comprehensive
emergency management system in the City of Milton.
The following document outlines the Plan and is organized into three main sections,
including:
• The Basic Plan—which outlines the legal basis for the Plan and the municipal
recognition thereof, situations and assumptions, responsibilities, concepts of
operations, direction, and coordination of emergency operations
• Annexes—which outline EOC operations, public warning systems, crisis
communications, department responsibilities, and enabling legislation
Unlike in the County and State plans, Emergency Support Functions are not the
organizational basis for this plan. Instead, it is organized by department (e.g.
Finance, Police, Fire, Public Works).
The section outlining department responsibilities establishes specific assistance
roles, describes each Primary Department’s responsibility and authority, each
support organization’s responsibilities, and indicates the direction and
coordination of each function.
• Any hazard-specific annexes developed by the City.
Given the limited nature of the City of Milton EOP, additional procedural guidelines shall
also be addressed in the policies and procedures of the individual agencies delineated
in the ESF Annexes.
Department Responsibility / ESF Reference Guide
Primary Departments
A. Emergency Manager Milton Emergency Operations Center
Emergency Management (ESF 5)
Mass Care (ESF 6)
Food / Water (ESF 11)
Support Departments: AFCEMA / ARC / Milton Fire-Rescue
B. Alpharetta E-911 Communications (ESF 2)
Support Department: Emergency Manager (EOC)
C. Community Development Long-Term Recovery & Mitigation (ESF 14)
Support Department: Emergency Manager
D. Communications External Affairs (ESF 15)
E. Milton Fire Firefighting (ESF 4)
Health and Medical (ESF 8)
Search and Rescue (ESF 9)
Hazardous Materials (ESF 10)
Resource Support (ESF 7)
Support Agencies: Georgia Mutual Aid Group (GMAG), Alpharetta Fire,
Contract EMS agencies, Georgia Power, Sawnee
EMC, Cobb EMC, and Georgia Natural Gas
F. Public Works Transportation (ESF 1)
Public Works (ESF 3)
Energy (ESF 12)
G. Milton Police Public Safety and Security (ESF 13)
Resource Support (ESF 7)
Support Departments
• Milton Finance Department
• Information Services
• Human Resources
• City Clerk
• Court
Acronyms
AFCEMA Atlanta Fulton County Emergency Management Agency
ARC American Red Cross
EMAG Emergency Management Assistance Group
EOC Emergency Operations Center
EOP Emergency Operations Plan
FCO Federal Coordinating Officer
FEMA Federal Emergency Management Agency
GAR Governor’s Authorized Representative
GCO Grant Coordinating Officer
GEMA Georgia Emergency Management Agency
HSPD Homeland Security Presidential Directive
LEOP Local Emergency Operations Plan
NIMS National Incident Management System
NRF National Response Framework
OCGA Official Code of Georgia, Annotated
SBA Small Business Administration
USDA US Department of Agriculture
I. Introduction
This plan establishes guidelines for emergency management preparedness and
response within the City of Milton to:
• Prevent emergency situations;
• Reduce vulnerability;
• Establish capabilities to protect residents from effects of crisis;
• Respond effectively and efficiently to emergencies; and
• Provide for rapid recovery from an emergency or disaster.
Emergency Support Functions (ESFs) and accompanying services will be maintained to
save lives, protect health, prevent or minimize property damage, and provide
assistance to people and communities threatened by an emergency or disaster.
When emergency or disaster response and recovery operations exceed local
government capabilities, assistance will be sought and coordinated with other local
governments, private agencies/organizations, other states, and the federal
government as needed and coordinated by the Emergency Manager under the
auspices of the Office of the City Manager.
The City Manager—in consultation with the Mayor and the Emergency Manager—will
determine the level and duration of resource commitment. The Mayor will declare a
State of Emergency and request a gubernatorial declaration when appropriate.
II. Purpose
The purpose of this plan is to prevent or minimize injury to people and damage to
property resulting from emergencies, disasters, or catastrophes of natural,
technological, or human origin. This plan is intended to detail responses to non-routine
emergencies, including but not limited to:
• Natural disasters;
• Incidents of terrorism/weapons of mass destruction;
• Violence at educational facilities;
• Civil disturbances; and
• Any other disasters or non-routine emergencies that require extended
deployment of Milton Police, Fire and other City resources, and extended
use of mutual aid resources (local-AFCEMA, state-GEMA, or federal-
FEMA).
III. Situations and Assumptions
A. Situations: The City of Milton identifies hazards that have the potential to disrupt
day-to-day activities and/or cause extensive property damage, personal injury,
and/or casualties. Priority for emergency management planning is based on the
Hazard Profile developed in concert with the various City Departments.
1. Vulnerability Analysis (Demographics)
The City of Milton’s Emergency Manager shall, in conjunction with all relevant
City Departments, conduct a regular Vulnerability Analysis of the City, to
include the identification and assessment of the vulnerability of any high-risk
targets within the jurisdiction.
The Police Department shall then develop and document special security
procedures for any identified high-risk targets in coordination with any other
relevant stakeholders or authorities (for example, with the Fulton County
School Police regarding school facilities). These plans shall be reviewed
concurrently with the annual threat assessment described above.
Milton has seen rapid growth in population and in its built environment, with
initial 2000 population estimates of 14,000 residents to 32,661 in the 2010
Census. Trends suggest a 2020 population will be closer to 40,000.
The following statistics provide a baseline from which to consider the primary
hazards facing the City of Milton’s population. Data was provided by the US
Census from its mid-decade estimates.
72% College Degree
69% at 300 percent poverty or greater
7% at 125 percent poverty or less
2.8 Average household size
3.28 Average family size
8784 Families
61% Percent with children under 18
3% Unemployed
82% Business, management, science or sales, office occupations
18% Speak a language other than English, 78% speak English "very well"
8.5% Over age of 65 (14.9% was national average in 2015 US Census)
5.2% Below the poverty level (12.7% national average in 2016 US Census)
$111,778 Median Household Income ($53,889 nat’l avg in 2015 US Census)
The above data yields important information for the vulnerability of the
citizenry in the City of Milton. High median household income (more than
twice the national average) demonstrates that we have a generally less
economically vulnerable population. Additionally, the number of families
below the poverty level is less than half the national average. The
percentage of disabled residents and elderly residents are also significantly
below the national average. As a result of this demographic information,
citizens that would be either economically or physically dependent upon
government resources for evacuation and other types of direct assistance
(beyond traditional public safety and municipal infrastructure lines) will be
lower than the national average.
The City has a relatively young population, with a median age of 37, and 61%
of the households have children under the age of 18. This makes outreach to
youth and families with children a concern in emergency preparedness and
response.
2. Risk Assessment
The City of Milton has no regionally critical public infrastructure. As a
consequence, emergency planning needs to focus on ensuring the safety of
its citizens, visitors, and personnel. Essential services such as water, electricity,
and gas are routed through surrounding jurisdictions.
Milton does have private businesses of regional and national significance,
including healthcare, networking/information technology, energy, and
communications. While these private enterprises do not fall within the
domain of the public sector, the potential impact of a disruption in these
services should be included in Emergency Management, Police, and Fire risk
assessments. Regular planning and coordination with the public sector for
emergency management shall be conducted by city public safety
personnel.
Most of the hazards faced by the City involve more routine emergencies such
as a fire in a multi-family dwelling or multi-story office complexes. These are
primarily concentrated in and around the Deerfield Parkway area and in the
Crabapple and Birmingham character areas.
These trends continue to indicate that the largest concentration of
vulnerable population in the City is in the schools within our borders. Most of
these fall under the auspices of the Fulton County school system. The system
has its own police and emergency management function and state-
mandated oversight for security at these facilities. However, the City will serve
a support role for any activity that takes place within the schools in
accordance with any Memorandums of Understanding or other such
agreements between the City and the Fulton County School System.
The areas of high-density population additionally may face the ubiquitous
threat of terrorism, but not to the extent of a jurisdiction with critical
infrastructure within its borders.
Finally, the City faces threats of weather emergencies including tornadoes,
ice storms, severe thunderstorms, and flooding. Such events represent the
most likely large-scale emergency we will face and may easily stretch our
response capacity beyond its limits. It is therefore important that potential
weather emergencies be discussed, and the responses planned as far ahead
of the event as possible. Current statistics prove that a weather emergency is
the most likely to occur of all potential risks faced by a community and should
therefore be given attention in the planning process.
B. Assumptions: City Departments (or private contractors serving in the function or
under the auspices of City Departments) and/or support organizations assume
responsibility for emergency management operations within their professional
scope. These Departments (or contract units) are to commit available resources
to save lives and to minimize personal injury and property damage. Assistance
from other local and state jurisdictions as well as the federal government may be
available when emergency or disaster response and recovery operations
exceed local government capabilities.
IV. Concept of Operations
The Plan encompasses three levels of government: local, state, and federal. The
private sector is also a part of this planning process. The private sector shall
include local businesses and community interests; it shall not necessarily be
limited to organizations serving as direct contractors for the routine provision of
municipal services (such as Public Works field contractors). For the purposes of
this Plan, all references to private sector involvement shall be construed to mean
those entities or commercial enterprises that are extra-municipal. As such,
private entities fulfilling daily municipal operations that are normally reserved to
the public sector are considered “public” for the purposes of this Plan.
All local and state operations will be in compliance with the National Response
Framework (NRF) and National Incident Management System (NIMS) legislation
promulgated through Homeland Security Presidential Directive 5 (HSPD 5), the
Stafford Act, and all other Federal and State homeland security mandates.
Emergency operations are initiated at the local jurisdiction and, as a routine
matter, will be handled at the local level. However, should local resources be
exhausted (or threaten to be exhausted by the scope of the emergency), then
AFCEMA is recognized by the State as the emergency management entity for all
of Fulton County, including the City of Milton. Therefore, any emergency that
exceeds the routine abilities of the Fire, Police, or Public Works Departments (or
their routine mutual aid partners) will be handled in coordination with AFCEMA.
At this point, Milton shall fall under the County EOP. At the request of AFCEMA
(with the advice and consent of the City of Milton) GEMA will process all requests
for state assistance. GEMA will also serve to request assistance from the Federal
Emergency Management Agency (FEMA) for disasters resulting in a Presidential
Declaration.
A. Phases of Emergency Management
1. Mitigation
This pertains to activities that may prevent an emergency or disaster, reduce
a community’s vulnerability, and/or minimize the adverse impact of disasters
and emergencies. This may include fire sprinkler ordinances or other building
codes that reduce the likelihood of the occurrence of an emergency.
2. Preparedness
This pertains to activities that occur prior to an emergency or disaster to
support and enhance response. Planning, training, exercises, community
awareness, and education are among such activities.
3. Response
This pertains to activities that address the immediate and short-term effects of
an emergency or disaster that has already occurred. These activities help to
reduce casualties and damage and to expedite recovery. Response includes
coordination and direction, communications and warning, evacuation, and
the application of specific ESF responsibilities. In terms of City of Milton
operations, this will be founded in police and fire activities, as well as public
works, information technology, and other City Departments upon the
occurrence of a large-scale incident.
4. Recovery
This pertains to activities that involve restoring the community to a day-to-day
operational state. Short-term recovery activities include damage assessment
and the return of vital functions to minimum operating standards. This may
include restoration of power to residential areas, the reopening of City Hall,
and the return of police and fire functions to relatively normal operating
capacity. Long-term recovery activities may continue for years. This may
include reconstruction and relocation of heavily damaged areas of the City
(such as impacted apartment residents), restoration of pre-event commercial
activity, and even re-evaluation of municipal planning priorities.
B. Responsibilities of the City of Milton
1. The City of Milton is responsible for all emergency management functions
necessary to save lives and protect property. Chapter 18 of the Milton Code
of Ordinances requires that the City Manager designate an Emergency
Manager as the primary emergency management official in the City due to
the need to coordinate all City Departments during a catastrophic incident.
The Emergency Manager shall consult with the City Manager in all aspects of
the management of an emergency. Refer to Section V. “Direction and
Coordination of the Emergency Management Function” for further
explanation of the relationship between the City’s emergency management
capacity and that of the Atlanta Fulton County Emergency Management
Agency (AFCEMA).
Chapter 18 Section 24 also directs the Emergency Manager to prepare and
maintain a disaster management plan (e.g. Local Emergency Operations
Plan).
2. The various City Departments are encouraged to establish mutual aid
agreements (within their area of operation) with other agencies and activate
bi-jurisdictional agreements with bordering jurisdictions for emergencies and
disasters.
3. The Milton Police and Fire Departments and the other applicable City
Departments will utilize all available resources from within the jurisdiction,
including voluntary and private assets, before requesting county/state
assistance during any natural disaster, incidents of terrorism, school or
workplace violence, civil disturbances, and other unusual disturbances that
exceed normal emergency response parameters. Under the auspices of the
Chiefs of the Fire and Police Departments, the Director of Public Works,
and/or the City Finance Department (depending upon the size of the event),
documentation of personnel, equipment, and resources will be maintained in
time of an emergency or disaster for local, state, and/or federal purposes.
The City of Milton shall endeavor to manage its relative responsibility by
acquiring the necessary equipment to efficiently carry out any potential
emergency response, including the pre-event procurement of:
• A Mobile Command Post (or some manner of portable Incident
Command Post);
• Basic command post accoutrements (including vests, command boards,
rehabilitation supplies, etc.); and
• Current lists typing all department resources, including personnel, vehicles,
and machinery/tools.
The respective City Departments shall maintain all resources required by their
respective disciplines and required by the emergency operations plan
prepared by each ESF. This shall be maintained by the Emergency Manager
as a part of the general resource/equipment list for the City.
4. For ease of communication and structure, all incidents involving multiple City
Departments or any activation of this plan will utilize the Incident Command
System (ICS) that follows the National Incident Management System (NIMS)
model. It shall also be employed on all multi-jurisdictional incidents. All
directors or managers of the designated City Departments (ESFs) shall ensure
that all potential emergency management personnel are familiar with this
system in accordance with current State and FEMA guidelines.
5. When a catastrophic incident exceeds the City of Milton’s capacity to
respond, and routine mutual aid partners are unavailable or unable to offer
sufficient support—and upon official request from the Mayor for
regional/state assistance—the City Manager (or designee) shall appoint a
municipal official to represent the City’s interests in any extra-municipal
Emergency Operations Center or similar emergency operations coordination
point.
6. When necessary, the Mayor may request military support in any incident of a
natural disaster, incident of terrorism, school-place violence, or civil
disturbance. This shall be done upon consultation with the City Manager and
the City’s Emergency Manager, the Director of Emergency Management for
AFCEMA, and all other relevant officials.
C. Responsibilities of the Atlanta Fulton County Emergency Management Agency
1. Any event that requires mutual aid beyond regular agreements with
surrounding jurisdictions shall be processed by the Emergency Manager (or
his/her designee) through the AFCEMA.
2. AFCEMA shall prepare and maintain an Emergency Operations Plan, a Local
Mitigation Plan, and any other necessary and prudent documents required
by GEMA and FEMA. The City of Milton shall be included in the development
of these plans, and a copy of any pertinent planning on the part of the City
shall be provided to AFCEMA.
3. Per state law and current accepted practice, AFCEMA shall serve as the
coordinating entity for the request and disbursement of all disaster-related
federal monies. It is therefore essential that Milton personnel maintain records
during any large-scale event and involve AFCEMA in any catastrophic
emergency that may require state or federal assistance.
D. Responsibilities of the Government of the State of Georgia
1. When mutual aid partners are overwhelmed with either their own emergency
response or are incapable of providing sufficient resources, the City, through
AFCEMA, may request assistance from GEMA. The Governor may declare a
State of Emergency to activate necessary state resources. If the emergency
or disaster exceeds the State’s capacity, assistance may be requested from
surrounding states through the Emergency Management Assistance Group
(EMAG). In this instance, the Governor may also request assistance from the
President of the United States. Upon a Presidential Declaration, assistance as
requested by the state will be provided through federal ESFs. This may
include military support in the event of a declaration of martial law in the
most extreme of circumstances.
2. State services and resources are supplements to local governments and
follow matching ESFs. State agencies and organizations serve as support
agencies/organizations for functional responsibilities primarily assumed by the
affected jurisdiction.
E. Responsibilities of the Federal Government
1. Federal assistance will supplement state and local governments’ response
capabilities and shall be provided under governing authorities. Examples of
agencies providing assistance are FEMA, the Small Business Administration
(SBA), and the United States Department of Agriculture (USDA). Assistance
from federal agencies is provided through public laws and regulations.
2. Federal assistance made available to relieve the effects of an emergency or
disaster will be coordinated by the Governor’s designated representative(s).
V. Direction and Coordination of the Emergency Management Function
A. Emergency Manager
In accordance with City Code, Chapter 18-23, the City Manager shall designate
a primary coordinator of emergency management services in the City of Milton.
This is to vest the authority necessary to command all City Departments in a time
of emergency in an optimal manner. This allows proper coordination through all
phases of emergency management. For instance, the Police or Fire Chief may
be the most knowledgeable asset during the emergency response phase, but
the Director of Community Development may be the most important official
during the recovery phase as that individual would understand the long-term
impact of zoning decisions. It is therefore appropriate to establish a single
coordinator over all disaster operations as the proper person to coordinate all
phases of emergency management, as different departments may move to the
forefront during mitigation, preparedness, response, and recovery.
In the interest of a concerted municipal vision and effort in combating the
emergency, the Emergency Manager shall include the City Manager and other
public officials in the emergency management process and shall work in
conjunction with the Mayor and City Manager in managing the event to the
optimal benefit of the citizens of Milton. This shall not preclude, however, the
ability of the Emergency Manager or the respective chiefs to make an
immediate decision should the emergency dictate to ensure the safety and well-
being of City employees, the City’s future, and its citizens.
However, the City of Milton also recognizes the authority of AFCEMA according
to OCGA 38-3-27. The City shall defer to AFCEMA in any large-scale emergency
that requires the sustained deployment of personnel, resources from sources
other than routine mutual aid partners, and potential federal and state funding.
In this situation, the Emergency Manager or his/her designee may serve as a
municipal representative in all deliberations and actions taken on behalf of the
City for the duration of the emergency.
B. Emergency Management Planning
The City Code establishes the appointed Emergency Manager as the primary
coordinator for emergency planning and preparation. Though this position does
not encompass all aspects of emergency planning and preparation, the
Emergency Manager has the capacity and resources to coordinate the
planning process by bringing together all municipal partners.
C. Emergency Support Functions
Emergency Support Functions (ESFs) are outlined in the Georgia Emergency
Operations Plan and the National Response Framework (NRF) to assure efficient
and effective response. Additional ESFs may be included to meet the City’s
needs. City departments with primary ESF responsibilities shall develop and
maintain, in coordination with support agencies and organizations, appropriate
standard operating procedures (SOPs) to maximize their preparedness to fill their
designated role.
For ease of use, the Milton EOP Annexes are arranged by department, with
reference to the corresponding ESFs in the state and federal plan. This is
because Milton has a limited number of departments who cover 15 ESFs, so
rather than make the responsible department official search through multiple
annexes, each department will have its own annex for quick reference. The ESF
terminology will be included parenthetically to align the plan to our county,
state, and federal partners’ plans.
D. Training
Disaster preparedness information, training, and exercises will be coordinated by
the Emergency Manager and the training officers of the Police and Fire
Departments as needed. Such training can be arranged through AFCEMA, the
Georgia Public Safety Training Center, or any other training forum meeting the
professional standards of current public safety practice.
E. Emergency Communications
The Emergency Manager shall ensure the proper function of all disaster
communications within the City in the event of a large-scale emergency. In
accordance with routine operations procedures, the primary means of
emergency communications will be Alpharetta 911 Dispatch. Dispatch will also
provide GIS-based situation maps through their dispatch/AVL public safety
resource management system. This will provide current mapping for planning,
operations, and logistical purposes during the duration of the response to any
natural disaster, incident of terrorism/weapons of mass destruction, violence at
educational facilities, civil disturbances, or other unusual disturbances.
Public information briefings, news releases, and all other emergency information
generated by City Departments and organizations associated with the
emergency/disaster response will be coordinated and/or released through the
designated department’s PIO. Should a broader event occur that incorporates
AFCEMA, the Emergency Manager (or designee) shall appoint an individual to
coordinate communications with the Joint Information Center established by
AFCEMA.
F. Incident Command Post
In any exercise or actual emergency that involves extended emergency
response and recovery operations in accordance with this policy, or in any
incident that requires multi-jurisdictional coordination on an extended basis, the
incident commander shall establish an Incident Command Post (or Field
Command Post). Circumstances that will demand the establishment of a
Command Post include, but are not limited to, natural disasters, incidents of
terrorism/weapons of mass destruction, violence at educational facilities, civil
disturbances and other unusual occurrences. This command post shall be
established in a location accessible to the scene and capable of supporting the
required coordination activities.
The Incident Command Post should be clearly established so that responding
units can identify where they should report for operational assignment and
should be the center of operations for the Incident Commander and General
Staff positions. It shall be clearly marked by a flag, activated emergency lights,
or a flashing/revolving green light if available.
The Incident Command Post shall be established close enough to properly
manage the incident, but far enough from the incident scene that operational
security and the safety of staging personnel and Command Staff is maintained.
For example, at a hazardous materials incident, the Incident Command Post
shall be staged (at a minimum) uphill and upwind from the incident location.
G. Emergency Operations Center
Upon escalation of an emergency or disaster beyond routine emergency
services delivery, the Emergency Manager may require partial or full activation
of an Emergency Operations Center (EOC) with representation of primary
and/or support agencies and organizations. The Emergency Manager or his/her
designee will perform EOC functional responsibilities. Briefings on the situation will
be provided in the EOC. Situation reports will be provided to all pertinent
departmental officials.
H. Mutual Aid in Expanding Incidents
As a standard practice, if the City needs additional assistance with a natural
disaster, incident of terrorism/weapons of mass destruction, violence at
educational facilities, civil disturbance, or other unusual occurrence, then the
Emergency Manager may seek additional assistance from other jurisdictions
through mutual aid agreements. However, as the event expands beyond
routine emergency management, the City shall seek management and
coordination assistance from AFCEMA.
The Emergency Manager will work with AFCEMA to coordinate the response. If
the situation appears to be approaching disaster status, AFCEMA will be
requested to send a liaison to the EOC (or the City will have a representative sent
to the AFCEMA EOC if it is activated). AFCEMA can then request assistance from
GEMA and/or FEMA. Upon a Presidential Declaration, federal assistance will be
provided as requested by the State. An FCO will be assigned to work with the
state upon Presidential Declaration.
I. Records Management
Expenditure reports that include personnel, travel, supplies, and equipment must
be in accordance with local, state, and federal laws and regulations. Strict
financial record keeping is essential in a disaster response for both planning
purposes and for application for financial relief when the expenditures exceed
the City’s financial resources.
Any reports generated by the individual departments involved in the emergency
response shall be kept in accordance with the current professional practices of
the organization.
All emergency planning and response forms prepared in accordance with NIMS
and FEMA standards (that is, those forms that are prepared which are beyond
the standard practice of the individual departments/agencies) shall be retained
as well.
Officers and firefighters shall keep strict track of time, tasks performed (when and
where) and what equipment was used for potential reimbursement purposes. It
is the responsibility of field supervisors to ensure that these documents are
accurate and complete.
For audit and financial purposes, all officer/firefighter activity logs and other
pertinent paperwork (including, but not limited to, receipts, activity logs,
equipment requisitions, NIMS forms, financial accounting statements, police and
run reports etc.) shall be retained for a minimum of three years (or in
accordance with the individual report’s legally mandated retention schedule,
whichever is greater). This retention is for audit purposes as well as for after-
incident reviews.
Where appropriate, Milton employees shall use the NIMS Forms (e.g. 201 Incident
Briefing Forms). This will ease coordination with State and federal resources for
any reimbursement, mutual aid, and other coordination issues that may arise
during the operational period. Otherwise, if there is not an appropriate form
available, then the routinely used City form may be used (e.g. a purchase
order).
J. Return to Normal Operations
The Emergency Manager, in coordination with the AFCEMA personnel, will
determine the proper time to reduce the Operating Conditions (OPCON) Level
and close the EOC, as appropriate. Emergency operations will cease when the
situation has decreased to a departmental level within the City.
K. Internal Audit
The City shall conduct an internal audit of the emergency response individually
and/or in conjunction with the AFCEMA after the City has returned to normal
operations. This audit shall encompass all aspects of the incident management
operations, including—but not necessarily limited to—Command, Operations,
Logistics, Planning, and Finance.
VI. Responsibilities of the Emergency Manager
A. Coordinate execution of all aspects of any emergency or disaster that require
extended deployment of personnel, extensive use of mutual aid partners, or
official activation of an EOC. Coordination may be among intercity
departments, local and state governments, and private agencies/organizations;
B. Ensure the preparation and dissemination of all emergency operations plans
generated both by the City and AFCEMA;
C. Amend the Annexes of the LEOP or promulgate other operational policies for
Milton Emergency Management as required by operational necessity or change
in circumstances in the City;
C. Initiate and/or encourage emergency management agreements with intercity
departments, private agencies/organizations, local and state governments;
D. Initiate and participate in periodic exercises to evaluate emergency plans in
order to maintain a high standard of preparedness; and
E. Advise the Mayor, City Manager, City Departments, private
agencies/organizations, local governments, and State agencies of the severity
and magnitude of an emergency situation as necessary.
VII. Responsibilities of the Public Safety Command Staff
A. Maintain surveillance of potentially threatening conditions and direct
appropriate communications, warning, and preparedness actions;
B. Provide training, technical assistance, and planning guidance to City
Departments;
C. Conduct and participate in periodic exercises to evaluate emergency plans in
order to maintain a high standard of preparedness;
D. Advise the Emergency Manager in the event of a disaster and in any areas of
emergency management planning or execution in order to ensure the safety of
the community and City employees; and
E. Coordinate (or appoint a designated coordinator) for all routine emergency
situations that do not require extended deployment of personnel, extensive use
of mutual aid partners, or official activation of an EOC. The Command Staff shall
notify the Emergency Manager and the City Manager when a routine
emergency exceeds the capacity of the standard operating capabilities of the
Police and Fire Departments and the various municipal support agencies.
VIII. Responsibilities of City Department Heads
A. Appoint a primary and alternate Emergency Coordinator with the authority to
commit department personnel and resources to expedite the provision of
services in emergencies and disasters;
B. Assume responsibility for preparing and maintaining planning and operational
responsibilities as designated by the LEOP and the professional responsibilities of
their discipline (with the advice and consent of the City Manager and
coordination of the Emergency Manager);
C. Prepare and maintain a SOP for ESF responsibilities;
D. Assign personnel to augment the EOC, in accordance with emergency and
disaster requirements, upon request by the Emergency Manager;
E. Mobilize and utilize department personnel and resources to meet emergency
and disaster requirements as necessary;
F. Support and/or conduct training and exercises for department personnel
assigned to execute respective ESF responsibilities and participate with other City
Departments in all training exercises as directed by the Emergency Manager;
G. Maintain a 24-hour response team and internal notification system for
emergency management;
H. Collaborate with state agency representatives on respective ESF responsibilities
and assist during a disaster; and
I. Review and update respective ESF responsibilities and SOPs on an annual basis
or as directed by the Emergency Manager.
IX. Funding and Accountability
A. Expenditure of City Funds
To ensure proper stewardship of public funds, to document expense for any
potential reimbursement, and to adequately allocate available financial
resources in the areas of most critical need during an emergency, careful
financial accounting practices shall be followed in any disaster or significant
emergency declared under the auspices of this EOP.
1. During Normal Business Hours
If an emergency occurs during normal business hours, the Budget
Coordinator is to be contacted regarding an emergency purchase order.
2. After Normal Business Hours (or when Conditions Warrant)
According to City purchasing policy, follow the procedures (below):
In the event of an emergency where immediate actions is required,
the Purchasing Agent (City Manager) has the authority to
“purchase commodities or services where there exists an
emergency constitution a threat to public health, safety or welfare
or to the soundness and integrity of public property or to the
delivery of essential services and where the adverse effect of such
emergency may worsen materially with the passage of time.” (City
of Milton Financial Management Program: Purchasing Polices, V.
E.)
In keeping with this policy, the public safety official making an
emergency purchasing request regarding a disaster response shall
attempt to fulfill all of the requirements enumerated by the City’s
purchasing policy. However, this does not prevent the City
Manager from making emergency purchases for the immediate
protection of the life and safety of the Milton community when all
of these requirements have not been met.
To this end, the following provisions shall be kept in mind in the
emergency procurement of commodities or services:
o Complete description and specifications of the items/services
to be purchased;
o Quantity/Duration of the items/services to be purchased;
o Date needed for the items/services;
o Estimated cost of the item/service;
o Associated freight/shipping requirements;
o Complete budget account number;
o Previous purchase information or quotation;
o Suggested vendors;
o Approval of department head and/or division director with
budgetary authority; and
o Approval from the Finance Department.
As a consequence, the City Manager (or designee) may make an
emergency purchase in the event of an emergency. However, it is
incumbent upon the Incident Commander—with the assistance of the
Finance, Logistics, Planning, and Operations section—to properly use,
document, and track the purchase in the most efficient and fiscally
responsible manner possible.
If the situation is evolving and the City Manager (or designee) is not yet on
scene, prior approval of emergency purchases should be obtained if at
all possible. This may be done through a City-issued purchase card or
other means in the most extreme circumstances.
B. Expenditure of State Funds
Expenditures of State funds will be in accordance with State laws and regulations
and subject to State and federal audits. Utilizing emergency powers, the
Governor may mobilize all available state resources as necessary to cope with an
emergency or disaster. State agencies, local governments and private
agencies/organizations are responsible for collecting, reporting and maintaining
records of expenditures, including costs for personnel, incurred as a result of an
emergency or disaster. These records shall serve as supporting data in order to
determine the need for and preparation of requests for federal assistance.
C. Expenditure of Federal Funds
Federal funds provided to the State as a result of a Presidential Declaration will
be coordinated through the Governor or his designee. Use of federal funds is
subject to verification and state and federal audit. State agencies, local
governments, and private agencies/organizations are responsible for establishing
reporting and accounting systems for emergency and disaster purposes.
Federal law prohibits the duplication of benefits. Individuals, businesses, or other
entities shall not receive federal disaster assistance when compensation for the
loss has been received from insurance or other sources.
Discrimination against persons on the basis of age, color, economic status,
nationality, race, religion, sex, or handicap in the administration of emergency
services or disaster relief is prohibited.
X. Development and Maintenance of the Plan
This Plan is the principal source of documentation for the City of Milton’s
emergency management responsibilities. Each primary City department has the
responsibility for developing and maintaining the respective ESF(s) for this Plan.
Overall coordination of the planning process resides with the Emergency
Manager. This responsibility extends to timely plan updates and revisions.
For the Plan to be effective, those who will implement it must understand its
contents. Thus, the Emergency Manager or designee will brief the appropriate
officials on their roles in emergency management. He or she (or a designee) will
also brief newly employed/elected officials as they assume their duties.
The Emergency Manager (or designee) will conduct an annual review of this
Plan by all agencies. Officials and Department heads can recommend changes
or provide information at any time. However, the Emergency Manager must
approve any changes, and in compliance with City Ordinances, revisions shall
be approved by the Mayor and Council.
This Plan or any portions thereof will be activated by the order of the Mayor
through the City Manager.
For training purposes and exercises, the Emergency Manager may activate this
Plan to ensure a continuous readiness posture.
This Plan will be undated as required based on deficiencies identified through
drills and exercises, changes in local government structure, technological
changes, etc. It will also undergo an annual review to ensure that it is still in
compliance with current law and professional practice, and that it corresponds
with the current capabilities of the City of Milton and its public safety partners.
This Plan will become effective upon the date it is approved and signed by the
Mayor and Council of the City of Milton.
Operational Annexes
Annex A – Emergency Operations Center
I. Purpose
The Milton Emergency Operations Center (EOC) is the multi-agency coordination
system for the City of Milton. It will serve “to support coordination for incident
prioritization, critical resource allocation, communications systems integration,
and information coordination” (NIMS, 2008) both with operational commanders
in the field (Police, Fire, and Public Works) and with regional, state, and federal
partners. It will also serve as a coordination point for policy makers and external
affairs/public information, if events warrant.
II. Overview
The Milton Emergency Manager (or designee) is responsible for monitoring events
and maintaining communication with the City’s Emergency Management Team.
When there is a potential or actual event that exceeds the routine operations of
the Police, Fire, Public Works, or other relevant Department, it will be the
Emergency Manager’s responsibility to prepare for opening of the MEOC.
The Emergency Manager is responsible for the operational readiness of the EOC
and ensuring that it is opened when it is needed and closed as appropriate.
Both primary and alternate sites should be maintained.
• Primary EOC: Public Safety Complex at 13690 Highway 9
• Alternate EOC: Fire Station 43 Training Room at 750 Hickory Flat Road
III. EOC Activation
A. Activation Benchmarks
The Milton EOC is not a continually staffed operations center due to the size and
scope of the homeland security and emergency management hazard in Milton
and our available personnel.
• The primary EOC will be kept in a state of readiness so that it can be opened
and functional in 15 minutes or less.
• The Alternate EOC will be available for activation within an hour of request.
The Milton EOC includes progressive stages of activation, mirroring AFCEMA and
GEMA levels of activation. Each of the following Protocols will include
responsibilities at each level of activation.
B. Activation Levels
There are three levels of activation beyond normal operations:
• Normal – Routine Day-to-Day Operations
In normal conditions, the EOC is “dark,” and incidents are handled by field
commanders as needed.
• Level 3 – Awareness/Monitoring Activation
This level includes notification via NOAA or AFCEMA of a potential weather
emergency, a potential incident that the city has advanced warning for, or a
special event that requires EOC coordination.
This level would include the initiation of a tornado watch, winter storm watch,
or another signification weather-related threat to the north Atlanta
metropolitan area; a pre-planned political demonstration; or another
significant threat.
Note: Level 3 activation in response to a Severe Thunderstorm Watch will
depend on the history and predicted level of threat associated with the
storm as determined by Command Staff.
• Level 2 – Partial Activation
This level involves an anticipated or planned event, emergency, or disaster
that has a high likelihood of exceeding daily operational capacity.
This will include Warnings for significant weather events or a Watch when
there is a distinct possibility severe weather will impact the City.
• Level 1 – Full Activation
Full activation is in response to a catastrophic event that goes beyond
normal operational capabilities of a department (or/and City) and requires
extra staffing both at the command and operational level or a significant
alteration of our normal operational parameters.
This level will include sudden, unanticipated events that can overtax the
City’s emergency response capabilities (including sudden weather events or
even multiple large-scale routine emergencies—such as more than one
structure fire at once—that would require additional command and field
staffing).
An increase from Level 2 to Level 1 Activation can happen in response to a
severe weather either prior to the event (if an impact on Milton is certain) or
based on overwhelmed resources should an event turn out to be worse than
expected.
For the majority of the time, the EOC is maintained at “Normal,” indicating
normal daily operations. This involves routing calls for service within our normal
staffing protocol.
If the situation warrants, the Emergency Manager may activate the EOC to Level
3 (Monitoring) or Level 2 (Partial). The decision to advance to Level 1 (Full
Activation) will rest with the Emergency Manager in consultation with or direction
of the City Manager.
IV. EOC Staffing
The Command level includes EOC staff and other administrative personnel
providing senior-level support and coordination of resources leading up to and
during an incident.
The Operations-level staff provides field-based response. In a multi-departmental
response, this likely will include Police, Fire and Public Works field personnel.
The Support staff provides non-emergency operations that are still essential to
the safety and security of Milton residents. This could include other City partners
outlined in the LEOP (IT, Finance, other Milton staff not assigned to primary field
response departments).
Level Command Operations Support
Level Three
Command Staff closely monitors
potential severe weather or other
type of event that may exceed
normal operational capacity. Operations Division staff notified
of the potential conditions,
special equipment/provisions are
reviewed and prepared for
deployment. Notification of
potential recall to duty status
given to the personnel from the
next shift.
Personnel thus notified of
potential recall should ensure
that they are capable of
responding to the city in a timely
fashion, bearing in mind the need
for equipment, access to reliable
transportation (e.g. gas the car),
arrangement of potential sources
of childcare, etc. are established
upon notification.
City’s Emergency Management
team briefed, and basic
preparations are begun.
Appropriate notifications will be
given. EM coordinates with
AFCEMA/GEMA.
Level Two
EM or designated chief
officer/police command
responds to EOC in anticipation
of an event. Oncoming police
and fire shift commanders put on
notice for potential call back
and, if directed, begins call-in
procedures for additional staff.
Public Works notifies potential
contractors. EM coordinates with
AFCEMA/GEMA.
On-duty units deploy special
equipment on apparatus.
Oncoming Police and fire shift
command may begin early
mandatory call-ins for the next
shift in accordance with city
policy.
Public Works and Police
command put on notice.
Contact with other ESFs
(Communications, City Manager)
made regarding preparations
and potential events.
Communications begins public
awareness messaging.
Level One
Full activation. Staffed EOC,
Administrative Command Staff
responds as needed.
Hazardous weather response
protocols in effect, additional
units deployed, possible
mandatory recall of public safety
personnel in accordance with
city policy.
Additional Public Works / City
support personnel deployed, City
Manager notified, External Affairs
ESF (Communications) begins full
operations. Other department
heads notified.
EM coordinates with
AFCEMA/GEMA.
Public works field crews deployed
as needed.
Potential suspension of normal
City operations.
V. EOC Organization
Organization of an Emergency Management structure is intended to be scalable
and flexible, depending on the incident. The size/complexity of the incident and
the departments involved will have an impact on what is needed in the EOC
and what is not.
Milton’s EOC will be organized by major management activities.
Annex B – Public Warning Systems
I. Purpose
The City of Milton utilizes outdoor warning sirens to alert citizens about the
existence of ongoing or approaching life-threatening natural and man-made
hazards. The establishment of this policy will define the standards for siren
activation during testing and actual emergency events. It is issued by the
Emergency Manager in concert with the Police Chief and Fire Chief.
II. Policy
The City of Milton will activate the warning sirens when one or more of the five
conditions listed below are met. For weather related emergencies, the sirens
will be activated for 3 minutes, followed by a 3-minute pause, then activated
an additional 3 minutes. This pattern will continue until the weather-related
threat has passed.
For National Security or local hazardous events, the sirens will be activated as
needed to ensure proper notification of the affected area.
This policy is designed to mirror Alpharetta’s. The activation criteria (Section III,
below) are the same for Milton as for Alpharetta. The siren activation
point/software/hardware is deployed in conjunction with the AFES system.
III. Procedure for Siren Activation
A. Conditions for activation:
1. The National Weather Service issues a THUNDERSTORM WARNING with
winds of 80 mph and hail of 2.5" that poses a threat to the health,
safety, and property of City residents.
2. The National Weather Service issues a TORNADO WARNING for the
North Fulton Area. Warnings from the National Weather Center should
be polygon specific to the City of Milton. Some interpretation is to be
expected.
3. When a funnel cloud, tornado, or dangerous and damaging winds are
spotted by a trained NOAA Storm Spotter
4. When a funnel cloud, tornado, or dangerous and damaging winds are
spotted by a Fire Department or Police Department member
5. When a situation occurs within the City of Milton that requires
immediate and city-wide notification of potential danger to life and/or
property
B. Authority to activate
The following positions will have the authority to request activation of the
weather sirens:
1. The Milton Emergency Manager
2. The Fire Chief or the Police Chief (or their respective designees)
3. The on-duty battalion chief
4. The on-duty police watch commander
5. Alpharetta’s Communications Supervisor or designee
IV. Outdoor Warning Siren Maintenance and Testing
A. According to contract, all weather sirens will be maintained and
electronically tested by a certified siren contractor. Notification to all
Milton residents will be made via social media, the City website, and press
notification before the sirens are put through their quarterly test.
B. All weather sirens will be activated and tested for one (1) minute the first
Wednesday of each month. Activation will occur through Alpharetta
Communications Center and in conjunction with Alpharetta’s siren test.
1. If conditions do not allow the monthly test to occur on the first
Wednesday of a particular month, the test will be conducted on the
second Wednesday of the month. If the test cannot be conducted on
the second Wednesday of the month, it will be conducted on the third
Wednesday of the month. If the first, second, and third Wednesdays
are unacceptable for conducting the monthly test, that particular
monthly test will be canceled, and testing will continue the following
month.
2. The monthly siren test will be a test of the electronic and
communications components only. According to the Milton system’s
programming, no sound will be emitted during this test.
Annex C – Crisis Communication
I. Purpose
The purpose of the Crisis Communications Plan is to ensure important information
is shared both internally and externally during a law-enforcement crisis, a severe
weather event, a public health emergency, or another community event that
creates significant public interest and requires a coordinated City public
information response. Clear and consistent information that takes into account
the City’s strategic objectives should be provided.
Since this function crosses several departments, a general outline of crisis
communications is presented in this plan. More detailed policies may be
developed by the City of Milton’s Communications Department.
II. Types of Crises
For the purposes of this plan, there are two types of crisis that may require a
specialized response.
1. Disaster/Major Disruptions – including natural disasters, widespread
technological disruptions, public health emergencies directly impacting
Milton, active assailant situations or terrorism threats, etc.
2. Public Relations Crisis – including activities or situations that may have a
negative impact on the City’s public relations, reputation, or the confidence
of its residents and business community
III. Responsibilities
A. The Crisis Communication Plan shall be managed and maintained by the
City’s Director of Communications. A designee to manage the plan should
also be named in the event that the director is not available.
B. The Director shall be responsible for coordinating crisis communications with
the Mayor, Council, and City manager, as well as any department
heads/representatives whose departments have a role in the specific
incident.
C. As the individual event dictates, the Crisis Communications team shall
include:
1. Program Manager (Director and/or designee)
2. Social/Electronic Media and Public Notification Coordinator
3. Volunteer Coordinator
4. Staff Liaison (HR Director or Designee)
5. Police and Fire Department PIOs
IV. Disaster Communication and Joint Information Centers
A. A Joint Information Center (JIC) may be formed in the response to a crisis
situation. This can be either virtual (e.g. via electronic communication, Web
EOC, Skype/Facetime, etc.), or at a physical location. This usually occurs in
response to a disaster or major crisis.
If the EOC is opened, the JIC may be located at or near the EOC or
courtroom facilities as appropriate (Police Headquarters on Highway 9). This
allows for a place where media can gather and where Communications staff
can coordinate closely with personnel in the EOC.
If the EOC is not open, the Crisis Communication team should make use of
available conference room facilities at City Hall.
Formal establishment of a JIC should involve the Emergency Manager for
appropriate facilities, IT, and inter-agency coordination.
B. If the Crisis Communications team is activated, public-facing personnel
(primarily those who answer the general outside phone lines and respond to
walk-ups at City Hall, the Police Department, Fire Department, and Court)
should be appropriately advised of the situation and directed to pass
inquiries related to the event to the JIC.
The Crisis Communications Team may opt to use the public-facing staff in its
communication plan. Specific talking points and the official press releases
should be shared with administrative staff in these cases so City employees
are able to communicate the most recent publicly available information.
V. Audience
The Communications Team should be aware that communication needs to be
coordinated. To assure this, both internal and external stakeholders should have
forums to offer feedback. Stakeholders include:
A. Victims/survivors impacted by the incident and their families
People who are directly impacted by the event need to understand the
City’s response to the event, its plans, and the expectations going forward.
The Crisis Communications Team should coordinate with the EOC or the
appropriate departments to ensure appropriate and timely messaging.
B. General citizens and businesses in the community
When a major incident besets the City, general community members (who
may not be directly impacted by the event) are often still engaged with their
community. Ensuring effective communication with the general community
helps keep them informed of their neighbors’ security and their government’s
capacities and professionalism.
A carefully crafted general education message during an event can also
have a positive mitigation/preparedness impact on the less-impacted
portions of the community. Understanding the hazards faced by Milton’s
residents and business as well as the local, state, and federal capabilities may
help these less-impacted portions of the City take preventative measures of
their own against future events.
C. Employees and their families
During a crisis—especially a major event—the Milton community may
depend on City staff to ensure continuity of government, emergency
response, and infrastructure maintenance. Employees may also be called
upon to be the conduit for basic provisions such as food and water or
medication distribution. As such, they need to be kept informed of
developments in times of crisis.
Timely information will help them understand their roles, as well as plan for
their own lives and families which may also be disrupted. Whenever time and
circumstances permit, department directors should be included in the
message development and distribution to their staff.
D. News media
While the news media may be the conduit for much of the information
released, they are also constituents of the Crisis Communication team.
Regular, accurate information (and even the communication of a lack of
new information) can provide media outlets with familiarity with what is going
on and limit unfounded speculation that could work against the City’s interest
as well as the safety of responders and citizens.
E. City management, EOC staff, elected officials
The communications team should stay in touch with local media outlets,
post to social media, and utilize other means of communication. During a
major event, Department directors, the City Manager, and elected officials
may lose touch with the rapid development of public information. It is part of
the City’s Communications team’s responsibility to make sure these parties
are properly informed.
The Crisis Communications Team should be the “eyes and ears” of the EOC
in the world of traditional and social media during an event. As such, they
should be in regular contact with the EOC and other decision-makers to
ensure that all necessarily information is available required to have an
effective response.
VI. Press Conferences and Spokespeople
Circumstances often dictate where members of the media gather. However,
safety of the public, first responders, and the media themselves should come first.
A. Location of media events
When a media event occurs in the field (rather than at a City facility),
Communication personnel should guide media to a location that is safe for
all involved, doesn’t interfere with the general public, and doesn’t
compromise any ongoing investigations, and safeguards victims’ privacy.
However, the Communications Team should also be mindful that media
outlets often look for images and human interest elements that will make their
stories more compelling; the Communications Team should understand that
value of a location and access to this purpose.
B. Personnel
While the Communications Director is the primary media relations person for
the City, Departments bring an additional level of expertise that will be
required in both preparing media communication and on-air dissemination.
Police and Fire have their own Public Information Officers who should be
involved in the presentation of information, and each Department should be
prepared to contribute to the development of effective, accurate, and
timely communication products during a crisis.
VII. Outreach and Notification Methods
A. Traditional Media: These include print publications, online publications, radio
stations, and television stations both in the Atlanta metropolitan area and
nationally.
B Social Media: Police and Fire have separate Twitter and Facebook accounts,
but these Departments should coordinate messaging with the City’s
Communications Department in order to ensure brand and information
consistency. Communications should provide support to each of these
Departments in order to maintain effective community relations. The City also
maintains its own Twitter, Facebook, and Instagram accounts that can be
utilized in an emergency.
C. Email: The City’s email list can be used as part of a comprehensive
communication strategy during crises. It can also provide targeted
messaging.
D. Emergency Alerting: In addition to outdoor warning sirens and traditional
communication methods, the City shall maintain an emergency public
communications system.
VIII. Emergency Notification System
The City shall maintain other methods of public communication to use for
emergency warnings and other non-routine events.
For severe weather emergencies, the emergency notification system will be
used in concert with and follow the same guidelines as the outdoor warning
siren system. Weather alerting may also be automated. Similar to
maintaining the other City communications systems, Communications should
coordinate testing, outreach, and maintenance of the system with the
provider.
In the event of a non-weather alert (which is generally automated), fire,
police and City Communications should work together to use the best means
of communication possible to distribute public warnings.
Annex D – Department Responsibilities
I. Purpose
The purpose of this policy is to provide a concise list of responsibilities for each
department that represents a primary function in the preparedness for, response
to, recovery from, and mitigation of disasters, large-scale planned events, and
human-caused events that involve multiple departments, agencies, or levels of
government in an extended response.
This policy is not meant to be exhaustive of tasks that a primary responder may
have to fulfill in a disaster situation, but instead provide a baseline for the
planning, training, and operational functions of the City Departments.
II. Background
The National and State Plans are broken into Emergency Support Functions (ESF)
with specific planning expectations for each function. During an emergency
incident, responsibility for each functional area will be routed to the specific ESF.
The State and County ESFs are:
• ESF-1 Transportation
• ESF-2 Communications
• ESF-3 Public Works
• ESF-4 Firefighting
• ESF-5 Emergency Mgmt.
• ESF-6 Mass Care
• ESF-7 Resource Support
• ESF-8 Public Health
• ESF-9 Search & Rescue
• ESF-10 HAZMAT
• ESF-11 Agriculture
• ESF-12 Energy
• ESF-13 Public Safety
• ESF-14 Recovery
• ESF-15 Public/External Affairs
Due to Milton’s size and department organization, the Local Emergency
Operations Plan (LEOP) and the Emergency Management system is broken
down by department rather than ESF.
This policy outlines the department-specific planning guidelines, and what each
department should be prepared to provide both in planning and contract
management, as well as tactical response capabilities to the Emergency
Operations Center in the event of an activation and their respective field-level
functions during both the response and recovery phases of an emergency.
I. Primary Department
The primary emergency management departments are those that have an
operational role in disaster response and recovery and correspond directly to
one of the ESFs listed above. Support departments (with expertise that enables
the primary departments to do their jobs) will be addressed in Appendix E.
The primary departments are:
• Milton Emergency Manager
• E-911 / PSAP (Public Safety Answering Point)
• Milton Community Development & Building
• Milton Economic Development
• Milton Communications
• Milton Fire
• Milton Public Works
• Milton Police
Each of these departments has an ESF or several ESFs in the county, state, and
federal plans that correspond to their scope of responsibility.
The following pages establish the general expectations of each department.
This policy is intended to be a quick reference guide for each department.
II. Organization of this Policy
This policy is broken down by expectations and deliverables in each phase of
emergency management: Preparedness, Response, Recovery, and Mitigation.
After outlining executive responsibilities, each successive section will therefore be
arranged as follows:
A. Department
1. Preparedness
2. Response
3. Recovery
4. Mitigation
III. City Executive Responsibilities
The elected officials and City Manager’s Office play a vital role in managing
large-scale incidents.
A. Elected Officials
Elected officials’ responsibility during all phases of emergency management
include providing policy guidance to City staff and forming an essential
liaison with their constituents. Additionally, they can be a connection to
elected officials of surrounding jurisdictions and other levels of government
when needed.
Additionally, City policy invests the Mayor with the ability to declare a State of
Emergency.
According to Milton Code (Sec. 18-25), the mayor may declare that a State
of Emergency exists by written proclamation setting out the circumstances of
the emergency. Thereafter the mayor—or in his or her absence the mayor
pro-tempore or city manager—shall have and may exercise for any period as
this State of Emergency exists, or continues, the following emergency powers:
1. To enforce all rules, laws, and regulations relating to emergency
management and to assume direct operational control over all
emergency management resources;
2. To seize, take for temporary use, or condemn any property for the
protection of the public;
3. To sell, lend, give, or distribute all or any property or supplies among the
inhabitants of the City; to maintain a strict accounting of property or
supplies distributed and for funds received for the property or supplies;
4. To declare a limited or general curfew as may be needed to restore
public order;
5. To order the closing of any business;
6. To close public access any public building, street, or other public place;
7. To prohibit or regulate the possession, sale, or use of explosives; gasoline or
other flammable liquids; or dangerous weapons of any kind, excluding
firearms or components of firearms; and
8. To perform and exercise any other functions and duties and take any
emergency actions as may be necessary to promote and secure the
safety, protection and well-being of the inhabitants of the city.
B. City Manager
During a disaster or emergency, the City Manager provides a critical link with
elected officials and staff. During a state of declared emergency, it is the
City Manager’s responsibility to ensure that the policy of the elected officials
is effectively and efficiently implemented.
He or she also is responsible for communicating closings, alternative work
schedules, continuity of government/operations plans, and other impacts of
the event to City staff and volunteers.
The City Manager is responsible for coordinating closings of City facilities in
consultation with the Mayor or Mayor Pro-Tem in accordance with the Milton
Code of Ordinances.
The City Manager may assist with managing the EOC or supervise/oversee
field operations as the specific incident requires.
The City Manager (or designee) will implement and oversee the proper
function of the City’s Continuity of Government program.
IV. Milton Emergency Manager
A. Preparedness
1. Emergency Management is responsible for coordinating all planning with
internal and external stakeholders, including Milton City Departments,
community groups, non-governmental support organizations, and county,
state, and federal partners.
This includes maintenance of the following policies:
• Local Emergency Operations Plan
• Milton Emergency Management Policies
• County-Wide Hazard Mitigation Plan
• POD Planning / Public Health
• Recovery Plan.
2. During the preparedness phase, the Emergency Manager is also
responsible for coordinating or providing guidance on training for
personnel, including:
• NIMS basic and advanced training
• Tabletop exercises
• Periodic full-scale exercises.
Specific training requirements are outlined in emergency management
policy.
3. The Emergency Manager maintains a budget and appropriates/assigns
equipment and facilities, in coordination with other Milton Departments,
where appropriate.
B. Response
1. Milton Emergency Operations Center (EOC)
The EOC is the City’s multi-department coordination center during a
catastrophic event. Operational levels are outlined in Annex A.
The Emergency Manager is responsible for the operational readiness of
the EOC and ensuring that it is opened when it is needed and closed as
appropriate. Both primary and alternate sites should be maintained.
• Primary EOC: Public Safety Complex at 13690 Highway 9
• Alternate EOC: Fire Station 43 Training Room at 750 Hickory
Flat Road
EOC Positions Staffed under the coordination of the Emergency Manager
(or may be managed by the Emergency Manager in smaller incidents)
include:
• EOC Watch Manager
• Logistics Coordinator
• Communications Coordinator
• POD Coordinator
• Operations Coordinators (Police, Fire, EMS, and Public Works,
depending on the specific event).
Departments should ensure that primary and alternate(s) are
appropriately trained for their respective positions so that an extended 24-
hour watch can be maintained.
The Emergency Manager is responsible for coordination with the Atlanta
Fulton County Emergency Management Agency (AFCEMA), Georgia
Emergency Management Agency (GEMA), Federal Emergency
Management Agency (FEMA), and any other appropriate external
agencies.
The Emergency Manager is responsible for requesting and coordinating
other appropriate departments’ representatives on an EOC as the
individual event requires.
2. Provide for a 24-hour watch in an EOC as appropriate, ensuring that EOC
manager, Planning, and Logistics are covered as appropriate
3. Maintain a detailed record of all expenses, personnel, and time spent on
disaster-related activities
4. Mass Care (ESF 6)
In the event that Milton residents are displaced by a disaster, Milton’s
Emergency Manager is responsible for coordinating with support partners
to provide mass care.
5. Food / Water (ESF 11)
The Emergency Manager is also responsible for initiating the Point of
Distribution contingency plan for food and water distribution operations.
A POD Coordinator shall be appointed and trained to set up and
manage this operation.
C. Recovery
Emergency management will guide the City through the recovery process,
serving as the primary point of contact with AFCEMA, GEMA, and FEMA. The
Emergency Manager will prepare and manage:
• Any post-incident surveys
• Applications for federal aid
• Grants for recovery or mitigation projects
• Memorandums, policies, and Council agenda items related to the
recovery process
• Post-incident cost estimates.
The Emergency Manager is also responsible for collecting and assembling:
• Staffing costs
• Activity reports
• FEMA Incident Command System (ICS) forms from the event
• Equipment utilization reports.
It is the individual department’s responsibility to assemble the data from their
own records management systems under the guidance of the Emergency
Manager and in accordance with the current FEMA and GEMA rules relating to
the incident.
The Emergency Manager is also the primary point of contact with county, state,
and federal partners during the recovery period. This is to ensure that recovery
funds are expended in accordance with federal requirements, the mitigation
procedures are implemented as required, and to support the development of a
more resilient community. Support will be provided to primary recovery functions
in the City, namely:
• Community Development
• Building
• Economic Development
• Public Works
• Fire Marshal.
The Emergency Manager will conduct internal post-incident analysis (PIA) of fire
operations to identify any strengths and weaknesses in the incident response. He
or she can then compile department PIAs and assess need for changes to plans,
equipment, or organization.
D. Mitigation
The Emergency Manager is responsible for coordinating the City’s participation
in the County Hazard Mitigation Plan.
Additionally, the Emergency Manager will support mitigation efforts in the City
and coordinate Hazard Mitigation Grants and other related resiliency projects as
appropriate with partner departments, including:
• Community Development
• Building
• Economic Development
• Public Works
• Fire Marshal.
V. E-911/PSAP and North Fulton Radio Authority (Incident Communications)
In the City of Milton, Incident Communications is coordinated by the Alpharetta
E-911 Dispatch Center (via a Memorandum of Understanding, or MOU). and
through the infrastructure of the North Fulton Radio Authority. Alpharetta
provides 24-hour radio, teletype, and telephonic capability; monitors weather
conditions as appropriate; activates tornado sirens; and communicates with
support partners as appropriate.
A. Preparedness
The E-911/PSAP should maintain their communications equipment in a state
of operational readiness. They should maintain contacts for various
emergency response support organizations and draft MOUs where
appropriate.
These support partners include, but are not limited to:
• Utilities
• Mutual aid partners beyond the immediate north metro Atlanta area
• Public Works personnel
• Alarm companies
• Community aid groups
• Towing services
The E-911/PSAP shall also develop a Continuity of Operations contingency
plan (COOP). If Incident Communications become overburdened,
disrupted, or destroyed, other resources shall be used to augment City
communication and warning systems and to disseminate instructions and
operational guidance. Appropriate mutual aid relationships to ensure
continuity of operations are the responsibility of the PSAP in the event of a
catastrophe.
B. Response
During the Response phase of a major event, the E-911/PSAP shall use
equipment and personnel to coordinate and disseminate information to
emergency responders and support agencies before, during, and after an
emergency or disaster. This shall be done via teletype, computer/electronic
means, radio, and telephone as appropriate.
Activation of the Outdoor Warning Siren System will be through Alpharetta’s
24-hour E-911 center.
The City of Milton and/or AFCEMA provides assistance for this ESF as needed.
Milton Emergency Management may opt to provide a Police or Fire
Department manager to support call triage operations in the PSAP during an
event.
C. Recovery
During recovery, it is the responsibility of the E-911/PSAP to ensure that it
returns to operational readiness. In the event of a significant interruption of
technical capabilities, they may need to partner with the North Fulton Radio
Authority, various cell and landline telephone providers, the Information
Services departments in Milton and Alpharetta, and third-party vendors
providing Records Management and dispatch capabilities.
Besides ensuring their own operational readiness, the E-911/PSAP has little
formal role in Milton during the Recovery phase.
D. Mitigation
Mitigation responsibilities for the E-911/PSAP include ensuring the resilience of
the facility and equipment, measures necessary to prevent interruption during
a crisis event.
Milton will cooperate with Alpharetta and with the North Fulton Radio
Authority on any mitigation projects as appropriate and financially feasible.
VI. Milton Community Development
A. Preparedness
Milton’s Community Development Department is responsible for ensuring
long-term resiliency and recovery. To this end, this Department’s primary
role in Preparedness includes:
1. Identify professional associations and private agencies/organizations
that support recovery and mitigation efforts, and develop mutual aid
agreements, MOUs, etc. as appropriate.
2. Identify key staff positions and ensure training for Milton’s emergency
assistance, COOP, and recovery efforts.
3. Coordinate hazard mitigation projects as appropriate.
4. Train staff in disaster communications, including appropriate FEMA
classes for operation in an EOC, and Incident Command environment.
5. Participate in exercises and tests.
B. Response
During the Response phase of an incident, Milton’s Community
Development Department has several responsibilities, such as to:
1. Provide building integrity assessment and engineering support in the
event of structural damage
2. Provide support to other emergency management operations as
needed, including staffing PODs, supporting Public Works field
operations, or aiding in Mass Care, Food/Water, and/or Logistics as
appropriate
3. Maintain situation awareness about how the event is impacting the
City and its built environment, while preparing to take a lead role in
the Recovery and Mitigation process at the conclusion of the event.
4. Maintain a detailed record of all expenses, personnel, and time spent
on disaster-related activities.
5. Support/provide post-incident public and private infrastructure
damage assessment and compile detailed reports for safety,
reimbursement, and recovery purposes.
6. Ensure that permitting, plan review, and post-incident damage
assessment programs are ready to begin as soon as the operations
phase begins winding down.
Milton Community Development staff should be familiar with structural
inspection, posting procedures, and the National Recovery Framework
process.
C. Recovery
With the support of the Emergency Manager, Public Works, and Economic
Development, Milton’s Community Development Department serves as the
lead department during the Recovery phase of a disaster.
The Federal National Disaster Recovery Framework outlines six foci (Recovery
Support Functions) of the community recovery process:
1. Community Planning and Capacity Building
2. Economic
3. Health/Social Services
4. Housing
5. Infrastructure
6. Natural and Cultural Resources.
Community Development is the lead agency in this portion of the disaster
recovery process. Whenever possible, preparation and planning for recovery
should begin while the event is still unfolding, especially during the demobilizing
phase of Response.
Familiarity with the NRDF or any related successor federal policies is essential for
the process, especially as it relates to funding.
Community Development is responsible for determining which other
departments or personnel need to be involved in these Recovery Support
Functions and ensure appropriate training and familiarity for the related City
representatives.
D. Mitigation
While the Emergency Manager is responsible for coordinating the City’s
participation in the County Hazard Mitigation Plan, several of the mitigation-
related activities will fall under the auspices of the Community Development
Department and may occur concurrent to the Recovery phase of an incident.
Community Development should be prepared to support mitigation efforts in the
City and coordinate other related resiliency projects as appropriate with partner
departments or sub-units, including:
• Building
• Economic Development
• Public Works
• Fire Marshal.
Mitigation is concurrent with routine planning practices and community resiliency
should be a part of all development considerations.
This Department should also participate in the Hazard Mitigation Plan.
VII. Milton Economic Development
A. Preparedness
The Economic Development Department is responsible for enhancing
Milton’s long-term resiliency and recovery. To this end, its primary role in
Preparedness includes:
1. Identifying professional associations and businesses development
groups that support recovery and mitigation efforts, as well as develop
agreements to support mitigation and recovery as appropriate
2. Supporting Community Development in mitigation and recovery
planning
3. Attending training related to incident management, recovery, and
mitigation
4. Participating in exercises and tests.
B. Response
During the Response phase of an incident, Economic Development has two
primary responsibilities:
1. Provide support to other emergency management operations as
needed, including staffing PODs, supporting Public Works field
operations, or aiding in Mass Care, Food/Water, and/or Logistics as
appropriate
2. Maintain situation awareness about how the event is impacting the
City and its business environment, as well as to prepare to support the
Recovery and Mitigation process at the conclusion of the event
3. Maintain a detailed record of all expenses, personnel and time spent
on disaster-related activities.
Economic Development personnel may also be called on to assist in disaster
operations, serve as a POD, or provide other mass care or support activities.
C. Recovery
Economic Development serves as a key driver in the recovery process. The
role of Economic Development is to work to ensure the City’s business
community is represented.
As one of the foci of the Federal National Disaster Recovery Framework’s
Recovery Support Functions, Economic Development will have input on the
recovery process through:
1. Representing the business community in redevelopment plan.
2. Highlighting business needs in the rebuilding process
3. Highlighting business needs in the repair and replacement of
infrastructure post-incident
4. Providing a point of contact with the Milton business community
during the recovery process, plus facilitating assistance of state and
federal support agencies, including the Small Business Administration
and FEMA as appropriate.
D. Mitigation
Economic Development is a critical piece of the community resiliency and
should be included in all phases of the Recovery Effort.
Economic Development should be prepared to support mitigation efforts in
the City and coordinate other related resiliency projects as appropriate with
partner departments or sub-units, including:
• Community Development
• Building
• Public Works
• Fire Marshal.
As with the recovery phase, Economic Development is responsible for
coordinating mitigation projects with the business community with the goal of
providing a resilient economic environment in the City of Milton. Thus, this
Department’s primary role is to serve as an advocate in the mitigation
process.
VIII. Milton Communications
The Milton Communication Department will provide External Affairs services in
emergency situations. This primarily involves the collection and dissemination of
information. All City departments with public information officers will coordinate
their media outreach through the City’s Communications Department. This
includes providing information to the public in a clear, concise, timely and
accurate manner; communicating warnings; identifying and managing rumors;
and relating updates on public incidents and actions taken by local and state
governments (in consultation with the relevant departments); and informing the
public on actions citizens should take. Social media, press releases, media
events, and coordination with county, state, and federal partners all fall within
the scope of this Department.
A. Preparedness
Preparedness for Communications is focused on ensuring that
communications personnel are available and prepared to respond to an
emergency. Among other actions, this Department may:
1. Develop procedures for the establishment of a physical or virtual Joint
Information Center (JIC) with Police and Fire (and other relevant
departments’) PIOs
2. Develop policies and coordinating with Department Public Information
Officers (PIO) on conducting briefings during events
3. Train staff in disaster communications, including appropriate FEMA
classes for operation in an EOC, and Incident Command environment.
4. Participate in exercises.
5. Work with the Emergency Manager to prepare and provide periodic
community preparedness information during non-emergency events.
B. Response
1. Serve as a conduit to outside entities in the EOC (or remotely
depending on the situation) during an event. This may include
coordinating “watches” with Communications personnel or
department PIOs as appropriate.
2. Establish JIC if required
3. Coordinate external affairs with AFCEMA, as well as state and federal
partners as appropriate
4. Assist Emergency Management with coordinating volunteers if
appropriate
5. Maintain a detailed record of all expenses, personnel, and time spent
on disaster-related activities.
C. Recovery
1. Provide the public with information about the recovery process and
the City’s steps to get the community back to its pre-incident state
2. Coordinate with FEMA, GEMA, and AFCEMA public information if
required.
3. Facilitate individual assistance and other federal assistance
communication as needed.
4. Conduct a Department post-incident analysis of communications to
identify any strengths and weaknesses in the incident response.
D. Mitigation
1. Provide public information on community safety, personal mitigation,
and business resiliency.
IX. Milton Fire
A. Preparedness
1. Train EOC and command staff in appropriate FEMA classes for operation
in an EOC, an Incident Command environment, and a disaster
environment, including disaster-specific training in:
• Firefighting
• Search and Rescue
• Public Health
• Hazardous Materials.
2. Maintain operational readiness in Firefighting, Search and Rescue, Public
Health, and Hazardous Materials
3. Establish and maintain mutual and automatic aid agreements with
surrounding jurisdictions, relevant state and county agencies (Fulton
County Public Health, state Department of Public Health, Environmental
Protection, etc.), as well as the Georgia Mutual Aid Group (GMAG)
4. Prepare, manage, participate in, and assess table-top and full-scale
exercises and drills
B. Response
1. Provide firefighting, search and rescue, public health and emergency
medical services, and coordination of hazardous materials response as
needed
2. Maintain a detailed record of all equipment used, expenses incurred,
personnel and time spent on disaster-related activities.
3. Provide firefighting, search and rescue, medical, and hazardous materials
representative in the EOC during the extent of the event; coordinate
“watches” with appropriately trained personnel if needed
4. Provide a PIO representative to the JIC if needed
5. Support EOC Operations by providing a qualified EOC Manager if needed
6. Provide real-time photographs, latitude and longitude, and other detailed
information about event-related calls whenever possible (this may be
needed for documentation to receive recovery funds)
C. Recovery
1. Prepare cost estimate reports for fire department activities and
coordinate data preparation with the Emergency Management
2. Assist in providing a formal preliminary data assessment (photographs,
locations, latitude/longitude)
3. Conduct department post-incident analysis of fire operations to identify
any strengths and weaknesses in the incident response
D. Mitigation
1. Participate in the Hazard Mitigation Plan
2. Proactively engage the built environment and community development
process to ensure fire and life safety concerns are represented in order to
maximize community resiliency
X. Milton Public Works
During an emergency, Milton’s Public Works Department has primary
responsibility for coordinating, managing, or overseeing the City transportation
infrastructure, engineering, utilities, right-of-way maintenance, waterways, dams
and bridges, and other infrastructure. This can be either directly through City
staff or contractors, or as a liaison to relevant utilities, federal or state agencies,
or private enterprises.
A. Preparedness
1. Train EOC and command staff in including appropriate FEMA classes for
operation in an EOC, and Incident Command environment, and disaster
environment, including disaster-specific training in:
• Transportation
• Utilities
• Engineering and critical infrastructure maintenance.
2. Maintain operational readiness of equipment and materials to the extent
feasible to maximize response capabilities
3. Establish and maintain aid agreements with surrounding jurisdictions,
relevant state and county agencies and establish contingency contracts
with private contractors for emergency service as appropriate
4. Establish contracts, contingency plans, and memorandums of
understanding for emergency infrastructure maintenance support when
local/routine resources are exhausted
5. Develop and maintain a debris management plan
6. Prepare, manage, participate in, and assess table-top and full-scale
exercises and drills
B. Response
1. Provide public works, utilities, transportation, or infrastructure services
and/or coordination during the emergency
2. Maintain a detailed record of all equipment used, expenses incurred,
personnel and time spent on disaster-related activities
3. Provide a transportation, public works, and/or engineering representative
in the EOC during the extent of the event; coordinate “watches” with
appropriately-trained personnel if needed
4. Manage resources through pre-existing contracts, emergency contracts,
and WebEOC/mutual aid as needed
5. Provide real-time photographs, latitude and longitude, and other detailed
information about event-related calls whenever possible. (This may be
needed for documentation to receive recovery funds.)
6. Track all costs and contracts (as well as work performed) by City staff,
contractors, and aid partners
C. Recovery
1. Prepare cost estimate reports for Public Works department activities and
coordinate data preparation with Emergency Management
2. Assist in providing a formal preliminary data assessment (photographs,
locations, latitude/longitude)
3. Conduct department post-incident analysis of public works operations to
identify any strengths and weaknesses in the incident response
4. While the Emergency Manager is responsible for coordinating the City’s
participation in the County Hazard Mitigation Plan, several of the
mitigation-related activities will fall under the auspices of the Public Works
department may occur concurrent to the Recovery phase of an incident
D. Mitigation
1. Public Works should be prepared to support mitigation efforts in the City
and coordinate other related resiliency projects as appropriate with
partner departments or sub-units, including:
• Building
• Economic Development
• Community Development
• Fire Marshal
2. Proactively engage the built environment and community development
process to ensure appropriate engineering and infrastructure to maximize
community resiliency.
XI. Milton Police
Milton Police will coordinate emergency operations during any natural disaster,
incident of terrorism/weapons of mass destruction, violence at educational
facilities, civil disturbances, and other unusual occurrences, necessary for
maintain public safety and the security of the public.
A. Preparedness
1. Train EOC and command staff in including appropriate FEMA classes for
operation in an EOC, and Incident Command environment, and disaster
environment, including disaster specific training in safety and security
operations
2. Maintain operational readiness in security, crowd control, terrorism
response, active shooter, and homeland security-related investigations
3. Establish and maintain mutual and automatic aid agreements with
surrounding jurisdictions, as well as relevant state and federal law
enforcement agencies
5. Conduct and maintain an overall vulnerability assessment of the Milton
community from a homeland security perspective, including identifying
high hazard events and locations and considering response options
based on available resources
6. Equip/train investigators to conduct homeland security related
investigations as appropriate
7. Develop, participate in, and assess table-top and full-scale exercises and
drills
B. Response
1. Provide safety and security for the duration of the emergency event,
including protective services, investigations, coordinating with Public
Works on traffic management, providing security to critical infrastructure
and target hazards as appropriate
2. Coordinate with mutual aid, federal, and state law enforcement as
needed
3. Provide a security/safety representative in the EOC during the extent of
the event; coordinate “watches” with appropriately-trained personnel if
needed
4. Maintain a detailed record of all equipment used, expenses incurred,
personnel and time spent on disaster-related activities
5. Provide a PIO representative to the JIC if needed
6. Support EOC Operations by providing a qualified EOC Manager if needed
7. Provide real-time photographs, latitude and longitude, and other detailed
information about event-related calls whenever possible (this may be
needed for documentation to receive recovery funds)
C. Recovery
1. Prepare cost estimate reports for Police Department activities and
coordinate data preparation with Emergency Management
2. Assist in providing a formal preliminary data assessment (photographs,
locations, latitude/longitude)
3. Conduct department post-incident analysis of Police operations to
identify any strengths and weaknesses in the incident response
4. Provide ongoing security, investigations, and scene management until the
City returns to a normal state of operation as required and appropriate
D. Mitigation
1. Participate in the Hazard Mitigation Plan as needed.
XII. Support Departments
All the front line-response departments are also critically dependent on the rest
of the staff in the City of Milton, both for City infrastructure and for personnel
support. These include departments that would have a direct role in any large-
scale event or in the EOC, though they may not need to staff a 24-hour “watch”
due to their function in the City.
These include:
• Information Services and GIS
• Finance
Additionally, Milton has other personnel that, because of the nature of their
discipline, are not directly involved in front-line service delivery during the phases
of an emergency, but support and supplement City staff in other ways, including:
▪ Parks
▪ Human Resources
▪ City Clerk
▪ Court
▪ Support personnel in other departments
The responsibilities of these departments and Milton staff are specifically
addressed in supplemental emergency management policy.
Annex E – Legislative Annex
Chapter 18 - EMERGENCY MANAGEMENT SERVICES[1]
Footnotes:
--- (1) ---
State Law reference— Municipal home rule, Ga. Const. art. IX, § II, O.C.G.A. § 36-35-1 et
seq.; Georgia Emergency Management Act of 1975, O.C.G.A. § 38-3-1 et seq.; local
organizations for emergency management, O.C.G.A. § 38-3-27; authority to
promulgate local rules and regulations, O.C.G.A. § 38-3-28; mutual aid, O.C.G.A. § 36-
69-1 et seq.; dispatch centers to have trained communications officers on staff,
O.C.G.A. § 36-60-19; war on terrorism local assistance, O.C.G.A. § 36-75-1 et seq.
ARTICLE I. - IN GENERAL
Secs. 18-1—18-19. - Reserved. ARTICLE II. - EMERGENCY MANAGEMENT AGENCY
Sec. 18-20. - Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Emergency.
(1) The term "emergency" means the actual or threatened existence of conditions
of disaster or of extreme peril to the safety of persons and property within the city
caused by such conditions as air pollution, disease, fire, flood, storm, epidemic,
riot, or earthquake, or other conditions, including conditions resulting from war or
the imminent threat of war.
(2) The term "emergency" does not include conditions resulting from a labor
controversy, which conditions are, or are likely to be, beyond the control of the
services, personnel, equipment, and facilities of the city, requiring the combined
forces of other political subdivisions to combat.
Emergency management means the preparation for the carrying out of all
emergency functions other than functions for which military forces are primarily
responsible to prevent, minimize, and repair injury and damage resulting from
emergencies, energy emergencies, disasters, or the imminent threat thereof, of
manmade or natural origin caused by enemy attack, sabotage, acts of domestic or
international terrorism, civil disturbance, fire, flood, earthquake, wind, storm, wave
action, oil spill or other water contamination requiring emergency action to avert
danger or damage, epidemic, air contamination, blight, drought, infestation, explosion,
riot or other hostile action, radiological action, or other causes. These emergency
services include, without limitation, firefighting services; police services; emergency
medical services; rescue; engineering; warning services; communications; defense from
radiological, chemical, biological, and other special weapons to include weapons of
mass destruction; evacuation of persons from stricken areas; emergency welfare
services; consequence management functions to include victim services; emergency
transportation; plant protection; temporary restoration of public utility services; and
other functions related to civilian protection, together with all other activities necessary
or incidental to the preparation for and carrying out of the foregoing functions.
(Ord. No. 06-11-60, § 1(ch. 15, art. 2, § 2), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 2,
§ 2), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 2, § 2), 6-2-2008; Ord. No. 08-08-19, §
1(ch. 15, art. 3, § 2), 8-18-2008)
State Law reference— Similar provisions, O.C.G.A. § 38-3-3. Sec. 18-21. - Purpose.
The purposes of this article are to:
(1) Reduce the vulnerability of people and the community to damage, injury and
loss of life and property resulting from:
a. Natural or manmade catastrophes;
b. Riots; or
c. Hostile military or paramilitary action.
(2) Prepare for the prompt and efficient rescue, care and treatment of persons
victimized or threatened by disaster.
(3) Provide a setting conducive to the rapid and orderly start of restoration and
rehabilitation of persons and property affected by disasters.
(4) Clarify and strengthen the roles of the mayor, city council, city administrator
and city departments in prevention of, preparation for, response to and recovery
from disasters.
(5) Authorize and provide for the cooperation of activities relating to disaster:
a. Prevention;
b. Preparedness; and
c. Response and recovery.
(6) Authorize and provide for the coordination of activities relating to disaster
prevention, preparedness, response and recovery by departments and officers
of the city, agencies of the private sector and similar activities in which the
federal government, the state and its political subdivisions may participate.
(7) Provide a disaster management system embodying all aspects of predisaster
preparedness and post-disaster response.
(Ord. No. 06-11-60, § 1(ch. 15, art. 2, § 1), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 2,
§ 1), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 2, § 1), 6-2-2008; Ord. No. 08-08-19, §
1(ch. 15, art. 3, § 1), 8-18-2008)
State Law reference— Authority for establishment of local emergency management
organization, O.C.G.A. § 38-3-27. Sec. 18-22. - Reserved.
Editor's note— Ord. No. 16-05-276 , §§ 1—5, adopted May 16, 2016, repealed former §
18-22 which pertained to Office of Director of Public Safety created; duties, and
derived from Ord. No. 08-08-19, § 1(ch. 15, art. 2), adopted Aug. 18, 2008. Sec. 18-23. -
Appointment of emergency manager.
(a) The city manager shall appoint an individual to serve as the director of emergency
management for the city. The duties of the director shall be as follows:
(1) To represent the city on all matters pertaining to emergency management;
(2) To coordinate the development of community-wide emergency preparedness;
(3) To develop an emergency and disaster operations plan for the effective
mobilization of all city resources, both private and public;
(4) To prepare and recommend for approval by the city council mutual aid
programs and agreements between other local governments and the city;
(5) To prepare and effectuate legal action for the continuity of government in the
event of an emergency;
(6) To coordinate and advise government departments in the development and
implementation of the emergency and disaster operations plan and other
required agencies or groups;
(7) During periods of emergency, to obtain vital supplies and equipment lacking,
needed for the protection of life and property of people and bind the city for
the value thereof and if required immediately, requisition same; and
(8) To procure federal and state assistance through emergency management
channels and through federal assistance programs in such areas as:
a. Law enforcement;
b. Highway safety;
c. Ambulance procurement; or
d. Emergency medical services and others.
(b) In addition to the above duties listed in subsections (a)(1) through (8) of this section,
the director of emergency management shall be responsible during an emergency
to:
(1) Advise the city manager in operational situations, public information and
privileged information implementation of the emergency plan;
(2) Direct and coordinate the activities of the emergency operation center staff;
and
(3) Assist the mayor in ensuring the execution of the operations plans and
procedures required by the emergency.
(Ord. No. 06-11-60, § 1(ch. 15, art. 2, § 3), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 2,
§ 3), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 2, § 3), 6-2-2008; Ord. No. 08-08-19, §
1(ch. 15, art. 3, § 3), 8-18-2008; Ord. No. 16-05-276 , §§ 1—5, 5-16-2016)
Editor's note— Ord. No. 16-05-276 , §§ 1—5, adopted May 16, 2016, changed the title of
§ 18-23 from "Director in charge of emergency management services" to read as herein
set out.
State Law reference— Local director required for state financial assistance, O.C.G.A. §
38-3-27; authority for nomination of local director of emergency management,
O.C.G.A. § 38-3-27. Sec. 18-24. - Disaster plan.
(a) The director shall prepare a comprehensive disaster basic plan which shall be
adopted and maintained by city council resolution upon the recommendations of
the director. Incorporated into such plan and expressly made a part thereof shall be
a crisis communications plan.
(b) In the preparation of this plan as it pertains to city organization, it is the intent that
the services, equipment, facilities and personnel of all existing departments and
agencies be used to the fullest extent.
(c) The disaster plan shall be considered supplementary to this article and have the
effect of law whenever emergencies have been proclaimed.
(Ord. No. 06-11-60, § 1(ch. 15, art. 2, § 4), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 2,
§ 4), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 2, § 4), 6-2-2008; Ord. No. 08-08-19, §
1(ch. 15, art. 3, § 4), 8-18-2008) Sec. 18-25. - State of emergency; special powers.
In the event of a manmade or natural disaster, mass electrical failure, rioting, actual
enemy attack upon the United States or any other emergency which may affect the
lives and property, the mayor may declare that a state of emergency exists by written
proclamation setting out the circumstances of the emergency and thereafter the
mayor, or in his or her absence the mayor pro tem or city manager, shall have and may
exercise for any period as this state of emergency exists, or continues, the following
emergency powers:
(1) To enforce all rules, laws and regulations relating to emergency management
and to assume direct operational control over all emergency management
resources;
(2) To seize, take for temporary use, or condemn any property for the protection of
the public;
(3) To sell, lend, give or distribute all or any property or supplies among the
inhabitants of the city; to maintain a strict accounting of property or supplies
distributed and for funds received for the property or supplies;
(4) To declare a limited or general curfew as may be needed to restore public
order;
(5) To order the closing of any business;
(6) To close to public access any public building, street or other public place;
(7) To prohibit or regulate the possession, sale or use of explosives, gasoline or other
flammable liquids, or dangerous weapons of any kind, excluding firearms or
components of firearms; and
(8) To perform and exercise any other functions and duties and take any
emergency actions as may be necessary to promote and secure the safety,
protection and well being of the inhabitants of the city.
(Ord. No. 06-11-60, § 1(ch. 15, art. 2, § 5), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 2,
§ 5), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 2, § 5), 6-2-2008; Ord. No. 08-08-19, §
1(ch. 15, art. 3, § 5), 8-18-2008; Ord. No. 16-05-276 , §§ 1—5, 5-16-2016)
State Law reference— Rules, etc., authorized, O.C.G.A. § 38-3-28; powers of local
governing bodies during state of emergency or disaster, O.C.G.A. § 38-3-54. Sec. 18-26.
- Mutual aid.
(a) Providing. In periods of local emergency, the city is granted full power to provide
mutual aid to any affected area in accordance with local laws, ordinances,
resolutions, emergency plans or agreements therefor.
(b) Requesting. The city may request from state agencies mutual aid, including
personnel, equipment and other available resources, to assist the city during the local
emergency plans or at the directions of the governor.
(Ord. No. 06-11-60, § 1(ch. 15, art. 2, § 6), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 2,
§ 6), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 2, § 6), 6-2-2008; Ord. No. 08-08-19, §
1(ch. 15, art. 3, § 6), 8-18-2008) Sec. 18-27. - Disclaimer against civil liability.
(a) The city shall not be liable for any claim based upon the exercise or performance,
or the failure to exercise or perform, a discretionary function or duty on the part of
the city or any employee of the city, excepting willful misconduct, gross negligence
or bad faith of any such employee, in carrying out emergency services as defined in
the term "emergency management" in section 18-20.
(b) The immunities from liability, exemptions from laws, ordinances and rules, all
pensions, relief, disability workers' compensation and other benefits which apply to
the activity of officers, agents or employees of the city when performing their
respective functions within the territorial city limits shall apply to them to the same
degree and extent while engaged in the performance of any of their functions and
duties extraterritorially under the provisions of this chapter, excepting willful
misconduct, gross negligence, or bad faith.
(c) Volunteers duly enrolled or registered with the city in a local emergency, a state of
emergency or a war emergency, or unregistered persons placed into service during
a state of war emergency, in carrying out, complying with, or attempting to comply
with any order or regulation issued pursuant to the provisions of this article, or
performing any of their authorized functions or duties or training for the performance
of their authorized functions or duties, shall have the same degree of responsibility for
their actions and enjoy the same immunities as officers and employees of the city
performing similar work.
(Ord. No. 06-11-60, § 1(ch. 15, art. 2, § 7), 11-21-2006; Ord. No. 08-03-05, § 1(ch. 15, art. 2,
§ 7), 3-17-2008; Ord. No. 08-06-08, § 1(ch. 15, art. 2, § 7), 6-2-2008; Ord. No. 08-08-19, §
1(ch. 15, art. 3, § 7), 8-18-2008) Sec. 18-28. - Adoption of National Incident Management
System.
It is the city's policy to adopt the National Incident Management System as
promulgated by the Federal Emergency Management Agency under the auspices of
the Department of Homeland Security. It is the city's policy to use the National Incident
Management System to organize all emergency management activities and to
encourage its use by community partners though training and mutual aid exercises that
employ this system.
(Ord. No. 08-08-19, § 1(ch. 15, art. 3, § 8), 8-18-2008)Secs. 18-29—18-47. - Reserved.
CPL Architects, Engineers, Landscape Architect and
Surveyor, D.P.C. (P.C.) Agreement
is located in a separate link next to
Packet – Agenda.
TO:
FROM:
MILTON'k
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: February 26, 2020
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Resolution of the City of Milton Opposing
House Bill 523, Restricting Local Governments from Prohibiting
Short Term Rentals in Residential Districts.
MEETING DATE: Monday, March 2, 2020 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,IAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (.�'NO
CITY ATTORNEY REVIEW REQUIRED: ( ) YES (AO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info®cityofmiltongo.us I www.cityofmiltongo.us
0000
MILTON'lt
ESTABLISHED 2006
To: Honorable Mayor and City Council Members
From: Ken Jarrard, City Attorney
Date: Submitted on February 27, 2020 for the March 2, 2020 City Council
Meeting
Agenda Item: Consideration of a Resolution of the City of Milton Opposing House
Bill 523, Restricting Local Governments from Prohibiting Short Term
Rentals in Residential Districts
Department Recommendation: Approval.
Executive Summary: This proposed Resolution would ask the City of Milton's local
delegation to the General Assembly to oppose HB523. HB5232, as currently drafted,
would prohibit local governments (municipalities and counties) from adopting
ordinances to prevent the use of residential dwellings for short term rentals. While
HB523 would allow the regulation of such short term rentals, the bill implies (if not directs)
that no local government can ban them entirely in any district. It is the position of the
City attorney that this prohibition is unconstitutional as the power to zone (which is
defined as the power to assign certain uses to certain designated zones in a jurisdiction;
and, conversely, to prevent certain uses in zones) is assigned by the Georgia
Constitution to cities and counties and that the General Assembly does not have the
power to repeal or restrict this power. This Resolution is aspirational; and, if approved,
will be delivered to each member of the local delegation.
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Ken Jarrard, Jarrard & Davis- February 27, 2020
Concurrent Review:
Steve Krokoff, City Manager
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@scifyofmiltongo.us I www atyofmilfonga.us
Attachment(s):
Resolution
STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF MILTON OPPOSING HOUSE BILL 523,
RESTRICTING LOCAL GOVERNMENTS FROM PROHIBITING SHORT TERM
RENTALS IN RESIDENTIAL DISTRICTS
WHEREAS, pursuant to O.C.G.A. § 36-35-3, municipal corporations have the legislative
power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property,
affairs, and local government; and
WHEREAS, pursuant to Art. 9, § 2, ¶ IV of the Georgia Constitution, municipalities and
counties have been given the exclusive power to adopt plans and may exercise the power of zoning;
WHEREAS, pursuant to the above constitutional provision, the Georgia General
Assembly does not have this power to zone power;
WHEREAS, the General Assembly only has the power to establish procedures regarding
the exercise of the zoning power;
WHEREAS, it has been the law in Georgia, via constitutional fiat, for at least a half -
century that only counties and cities have the zoning power (011ey Valley Estates. Inc. v. Fussell,
232 Ga. 779 (1974);
WHEREAS, as stated in Hunt v. McCollum. 214 Ga. 809 (Ga. 1959), "[t]he controlling
matter in this case is that only the authorities empowered by the Constitution to zone can zone,
and the legislature is powerless to provide otherwise;
WHEREAS, the unique power of (only) municipalities and counties to exercise the power
of zoning is not a delegated power from the General Assembly, but rather is a power conferred by
the citizens of the State of Georgia via the Constitution;
WHEREAS, the power of zoning has been long defined as the authority to restrict the
owner's use of his own property. Stone Mountain Industries. Inc. v. Wilhite, 221 Ga. 269 (Ga.
1965);
WHEREAS, a former version of the Georgia Constitution made clear that zoning was the
"authority to pass zoning and planning laws whereby such cities or counties may be zoned or
districted for various uses and other or different uses prohibited therein; and regulating the use for
which said zones or districts may be set apart, and regulating the plans for development and
improvements on real estate therein..."
WHEREAS, even under the current Zoning Procedures Law (O.C.G.A. 36-66-3), zoning
is defined as "the power of local governments to provide within their respective territorial
boundaries for the zoning or districting of property for various uses and the prohibition of other or
different uses within such zones or districts and for the regulation of development and the
improvement of real estate within such zones or districts;
WHEREAS, as such, it cannot be reasonably disputed that the power to zone is the power
to prohibit uses;
WHEREAS, HB 523 would restrict local governments from prohibiting Short -Term
rentals in zoning districts;
WHEREAS, based upon the authorities identified above, that would be improper;
WHEREAS, by restricting the local government's ability to regulate short-term rental
properties (to include forbidding municipalities from prohibiting Short -Term rental usage in
zoning districts), HB 523 is in contravention of those constitutional limitations on the power of the
General Assembly to affect a municipalities or counties zoning power;
WHEREAS, the Georgia Constitution vests the power of zoning in local cities and
counties; and the City of Milton believes it is self-evident that government that is closer to the
people is better suited to deal with local land use issues; and,
WHEREAS, HB523 is therefore both legally and practically improper and
unconstitutional.
THEREFORE, IT IS HEREBY RESOLVED by the Mayor and City Council that:
1. All of the statements and expressions of policy in the above preamble are hereby
restated and ratified;
2. The City asks that its local delegation to the General Assembly work to defeat 1-113523,
and thereby ensure that zoning decisions, to include the regulation and/or prohibition
of Short -Term Rentals, remain vested exclusively in the hands of local governing
zoning authorities, like municipalities and counties;
3. That City staff are directed to send a copy of this Resolution to the City of Milton's
local delegation to the General Assembly as soon as possible.
So approved this day of 2020.
Approved:
Joe Lockwood, Mayor
Attest:
[SEAL]
Sudie AM Gordon, City Clerk