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Agenda Packet - CC - 07/06/2020
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Paul Moore Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, July 6, 2020 Regular Council Meeting Agenda 6:00 PM INVOCATION – Rabbi Hirshy Minkowicz, Chabad of North Fulton 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. 20-175) 5) PUBLIC COMMENT (General) ZOOM Webinar Info: Go To: https://zoom.us/j/93403981521 Telephone: US: +1 301.715.8592 Webinar ID: 934 0398 1521 MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 6, 2020 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 6) CONSENT AGENDA 1. Approval of the May 18, 2020 Regular City Council Meeting Minutes. (Agenda Item No. 20-176) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements and Investment Report for the Period Ending May 2020. (Agenda Item No. 20-177) (Bernadette Harvill, Finance Director) 3. Approval of a Change Order between the City of Milton and Purvis Systems, Inc. for the Fire Station Alerting. (Agenda Item No. 20-178) (Robert Edgar, Fire Chief) 4. Approval of a Contract between BIS Digital, Inc. and the City of Milton, Georgia for the Installation of an ADA Compliant Listening Assist for the Milton Courtroom. (Agenda Item No. 20-179) (Brooke Lappin, Clerk of Court) 5. Approval of a Professional Services Agreement between the City of Milton and CHA Consulting, Inc. for Cogburn Road Sidewalk. (Agenda Item No. 20-180) (Robert Drewry, Public Works Director) 6. Approval of Subdivision Plats and Revisions. Name of Development / Location Action Comments / # lots Total Acres Density 1. Eric Mondi LL 833 2770 and 2780 Bethany Bend Minor Plat Recombine 3 lots into 2 Lots 8.136 0.24 / acre (Agenda Item No. 20-181) (Parag Agrawal, Community Development Director) 7) REPORTS AND PRESENTATIONS 1. Discussion of the Trail Master Plan. (Parag Agrawal, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 6, 2020 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 8) FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Chapter 4 – Section 85. – Farm Wineries, of the Alcoholic Beverages of the Code of the City of Milton, Georgia. (Agenda Item No. 20-182) (Sarah LaDart, Economic Development Manager) 2. Consideration of an Ordinance to Amend the Milton Tree Canopy Conservation Ordinance to Provide a Time Extension on the Ability to Use the Density-based Tree Conservation Ordinance or the Canopy-based Tree Conservation Ordinance in the City Code. (Agenda Item No. 20-183) (Parag Agrawal, Community Development Director) 9) PUBLIC HEARING (None) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS (None) 12) NEW BUSINESS 1. Consideration of an Agreement and Certification Statement with Fulton County for Coronavirus Aid, Relief, and Economic Security (CARES) Act Funding. (Agenda Item No. 20-184) (Matt Marietta, Deputy Fire Chief) 2. Council consideration of Proposed Consent Order in Connection with Quiet Title Action Filed by NR Deed, LLC (Civil Action File No. 2019CV- 323925). (Agenda Item No. 20-185) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 6, 2020 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Fire 2. Communications 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 20-186) CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 30, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Financial Statements and Investment Report for the Period Ending May 2020 MEETING DATE: Monday, July 6, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ July 6, 2020 X X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on June 29, 2020 for the July 6, 2020 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 8 – May 2020 Overview: General Fund Revenue collections for the General Fund are 1.04% over what is anticipated for the eighth period of the fiscal year. Total expenditures to-date are $18,760,188 and are 10.42% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $13,301,568, capital expenditures-to-date total $1,977,546. Please note that the financial statements for capital related funds include current encumbrances. This will provide a clear picture of future commitments of resources prior to an actual payment being made. Budget amendments approved by Mayor and Council on June 15, 2020 will appear on the financial statements for June 2020 - Period 9. 1 of 13 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending May 2020 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 12,025,225 21,690 16,673 5,017 12,303,025 12,011,223 291,802 Motor Vehicle Tax 452,100 42,667 41,142 1,525 649,876 265,196 384,680 Intangible Tax 215,000 56,621 17,910 38,711 246,375 125,367 121,009 Real Estate Transfer Tax 100,000 9,093 8,330 763 68,861 58,310 10,551 Franchise Fees 2,105,800 151,865 125,000 26,865 1,170,796 1,201,700 (30,904) Local Option Sales Tax 9,400,000 564,491 783,020 (218,529) 5,311,513 5,638,120 (326,607) Alcohol Beverage Excise Tax 310,000 28,030 25,730 2,300 188,845 180,110 8,735 Business & Occupation Tax 800,000 86,981 - 86,981 708,798 800,000 (91,202) Insurance Premium Tax 2,500,000 - - - - - - Financial Institution Tax 45,000 - - - 52,187 45,000 7,187 Penalties & Interest 22,200 4,032 4,975 (943) 42,117 16,000 26,118 Alcohol Beverage Licenses 170,000 - 3,400 (3,400) 152,375 159,800 (7,425) Other Non-Business Permits/Licenses 33,100 2,284 2,782 (499) 24,093 21,758 2,334 Zoning & Land Disturbance Permits 58,350 6,025 4,861 1,164 55,190 38,884 16,306 Building Permits 350,000 27,947 28,000 (53) 190,220 217,000 (26,780) Intergovernmental Revenue - - - - - - - Other Charges for Service 517,420 27,269 55,903 (28,634) 275,182 380,108 (104,926) Municipal Court Fines 380,000 8,624 31,654 (23,030) 179,643 253,232 (73,589) Interest Earnings 301,000 9,310 25,073 (15,764) 170,358 200,586 (30,229) Contributions & Donations - - - - 23,503 - 23,503 Other Revenue 108,726 11,851 9,849 2,002 83,220 70,715 12,505 Other Financing Sources 93,093 8,684 6,924 1,760 77,056 62,895 14,161 Total Revenues 29,987,014 1,067,463 1,191,226 (123,763)21,973,234 21,746,004 227,230 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 196,111 8,268 9,679 (1,411) 89,529 108,376 (18,848) City Clerk 390,928 10,070 18,890 (8,821) 131,185 307,193 (176,007) City Manager 644,897 39,411 44,568 (5,157) 365,352 367,201 (1,850) General Administration 58,673 25 4,887 (4,862) 21,999 39,322 (17,323) Finance 646,442 29,426 43,146 (13,720) 381,200 455,990 (74,790) Legal 295,000 41,577 24,583 16,994 242,520 196,667 45,853 Information Technology 1,362,876 58,897 93,897 (35,001) 739,716 873,591 (133,876) Human Resources 349,281 19,134 25,727 (6,593) 182,204 237,937 (55,733) Risk Management 266,706 24,897 26,130 (1,233) 165,004 187,227 (22,223) General Government Buildings 259,502 9,057 17,407 (8,350) 131,695 154,020 (22,325) Communications 292,875 18,752 21,372 (2,620) 136,615 189,596 (52,980) Community Outreach & Engagement 164,367 11,009 12,328 (1,320) 102,477 110,863 (8,386) Municipal Court 470,202 34,277 34,116 161 278,431 289,030 (10,600) Police 5,629,833 340,150 390,001 (49,851) 3,351,756 3,718,107 (366,350) Fire 7,722,910 485,824 535,672 (49,848) 4,885,026 5,272,314 (387,287) Public Works 2,979,237 211,470 213,276 (1,806) 1,431,264 1,692,777 (261,513) Parks & Recreation (Active)1,518,414 143,725 110,256 33,468 1,026,794 1,030,619 (3,824) Passive Parks/Greenspace 137,789 32,499 12,020 20,479 91,396 91,659 (263) Community Development 1,701,891 132,463 106,391 26,071 998,114 1,142,611 (144,497) Economic Development 179,655 8,197 11,637 (3,440) 114,899 137,967 (23,068) Debt Service 1,177,201 - - - 630,000 1,076,257 (446,257) Operating Transfers to Other Funds 4,894,518 407,877 407,877 - 3,263,012 3,263,012 - Operating Reserve 264,448 - - - - - - Total expenditures 31,603,756 2,067,004 2,163,863 (96,859)18,760,188 20,942,335 (2,182,147) Net Income/(Loss)(1,616,742)(999,541)3,213,045 Fund Balance - Beginning 10,495,407 10,495,407 Fund Balance - Ending 8,878,665 13,708,452 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Crabapple Fest Vendor Fee -$ -$ 1,100$ 1,100$ Rock for Rescues Vendor Fee - - - - Summer Event Vendor Fee - - - - Interest Revenues - 8 44 44 Crabapple Fest Sponsor 15,000 - 7,500 (7,500) Earth Day Sponsor - - - - Summer Event Sponsor 2,000 - - (2,000) Private Entity Contributions - - - - Gas South Partnership - 83 621 621 Total revenues 17,000$ 91$ 9,265$ (7,735)$ EXPENDITURES Current: Special Events 120,688$ -$ 50,792$ 69,896$ Total Expenditures 120,688$ -$ 50,792$ 69,896$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 80,000 553$ 31,889 (48,112) Total other financing sources and uses 80,000$ 553$ 31,889$ (48,112)$ Net change in fund balances (23,688)$ (9,639)$ Fund balance - beginning 71,176 71,176 Fund balance - ending 47,488$ 61,536$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2020 3 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ 1,521$ 1,521$ Cash Confiscations/Fed Funds - - - - Interest Revenues/State Funds - 0 0 0 Interest Revenues/Federal Funds - 14 55 55 Realized Gain on Investments/State Funds - - - - Proceeds of Sale of Assets - - - - Total revenues -$ 14$ 1,576$ 1,576$ EXPENDITURES Current: Police 6,716$ -$ 13,720$ (7,004)$ Total Expenditures 6,716$ -$ 13,720$ (7,004)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (6,716)$ (12,143)$ Fund balance - beginning 95,166 95,166 Fund balance - ending 88,450$ 83,023$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2020 4 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 980,000$ 91,613$ 727,224$ (252,776)$ Total revenues 980,000$ 91,613$ 727,224$ (252,776)$ EXPENDITURES Current: Public Safety 980,000$ 91,613$ 727,224$ 252,776$ Total Expenditures 980,000$ 91,613$ 727,224$ 252,776$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ Transfers out to Capital Projects - - - - Net change in fund balances -$ -$ Fund balance - beginning - - Fund balance - ending -$ -$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2020 5 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 80,000$ 553$ 31,889$ (48,112)$ Total revenues 80,000$ 553$ 31,889$ (48,112)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 80,000$ 553$ 31,889$ (48,112)$ Total other financing sources and uses 80,000$ 553$ 31,889$ (48,112)$ Net change in fund balances -$ -$ Fund balance - beginning - - Fund balance - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2020 6 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 110,000$ 13,103$ 62,974$ 62,974$ (47,026)$ Infrastructure Maint Penalty & Interest - - 483 483 483 Tree Recompense - - - - - Landfill Host Fees 48,000 10,453 23,158 23,158 (24,842) Interest Revenue - 634 1,405 1,405 1,405 Total revenues 158,000$ 24,189$ 88,020$ 88,020$ (69,980)$ EXPENDITURES Capital Outlay City Council -$ -$ -$ -$ -$ General Admin 13,762 - - - 13,762 Finance 162,315 - - - 162,315 Information Services 383,944 - 56,971 179,146 204,798 General Govt Bldg 46,266 - - - 46,266 Police 226,857 1,990 88,976 269,380 (42,523) Fire 1,849,610 - 1,158,606 1,158,606 691,005 Public Works 5,698,404 63,207 386,247 613,341 5,085,063 Parks & Recreation (Active)3,287,597 88,563 271,947 342,595 2,945,002 Passive Parks/Greenspace 973,188 - - - 973,188 Community Development 659,626 - 14,800 259,436 400,190 Total Capital Outlay 13,301,568$ 153,760$ 1,977,546$ 2,822,504$ 10,479,064$ Excess of revenues over expenditures (13,143,568)$ (129,571)$ (1,889,526)$ (2,734,484)$ (10,549,044)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 4,894,518$ 407,877$ 3,263,012$ 3,263,012$ (1,631,506)$ Transfer out to General Fund (83,093) (6,924) (55,395) (55,395) 27,698 Contingencies (147,450) - - - 147,450 Total other financing sources and uses 4,663,975$ 400,952$ 3,207,617$ 3,207,617$ (1,456,358)$ Net change in fund balances (8,479,593)$ 1,318,091$ 473,132$ Fund balance - beginning 8,532,749 8,532,749 8,532,749 Fund balance - ending 53,155$ 9,850,839$ 9,005,881$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2020 7 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Real Property Tax-Current Year 1,683,096$ 2,821$ 1,702,909$ 1,702,909$ 19,813$ Real Property Tax-Prior Year - 272 13,794 13,794 13,794 Public Utility Tax-Current Year 13,220 - 12,604 12,604 (616) Personal Property Tax-Current Year 25,090 57 25,034 25,034 (56) Personal Property Tax-Prior Year - 49 105 105 105 Motor Vehicle Tax 5,689 477 3,698 3,698 (1,991) Penalties & Interest - Real Property - 100 2,530 2,530 2,530 Penalties & Interest - Personal Property - 0 169 169 169 Other Miscellaneous Revenue - - 37,350 37,350 37,350 Interest Revenue (Regions)200,000 1,372 49,385 49,385 (150,615) Interest Revenue (SunTrust)- 29 316 316 316 Total revenues 1,927,095$ 5,177$ 1,847,892$ 1,847,892$ (79,203)$ EXPENDITURES Capital Outlay Passive Parks/Greenspace 7,637,331$ 1,092,407$ 2,414,251$ 2,464,252$ 5,173,079$ Bond Principal 855,000 - 855,000 855,000 - Bond Interest 858,875 - 858,875 858,875 - Total Capital Outlay 9,351,206$ 1,092,407$ 4,128,126$ 4,178,127$ 5,223,079$ Excess of revenues over expenditures (7,424,111)$ (1,087,230)$ (2,280,234)$ (2,330,235)$ 5,143,877$ Net change in fund balances (7,424,111)$ (2,280,234)$ (2,330,235)$ Fund balance - beginning 7,536,608 7,536,608 7,536,608 Fund balance - ending 112,497$ 5,256,374$ 5,206,373$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2020 8 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax 6,300,000$ 445,003$ 3,696,922$ 3,696,922$ (2,603,078) Interest Revenues - 521 1,994 1,994 1,994 Realized Gain or Loss (GA Fund 1)200,000 5,472 111,681 111,681 (88,319) Total revenues 6,500,000$ 450,996$ 3,810,596$ 3,810,596$ (2,689,404)$ EXPENDITURES Capital Outlay Public Works 17,181,402$ 190,221$ 2,068,171$ 2,723,274$ 14,458,128 Total Capital Outlay 17,181,402$ 190,221$ 2,068,171$ 2,723,274$ 14,458,128$ Excess of revenues over expenditures (10,681,402)$ 260,775$ 1,742,426$ 1,087,323$ 11,768,724$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (10,681,402)$ 1,742,426$ 1,087,323$ Fund balance - beginning 13,950,834 13,950,834 13,950,834 Fund balance - ending 3,269,433$ 15,693,260$ 15,038,157$ City of Milton Transportation Local Option Sales Tax (TSPLOST) Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2020 9 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Recreation Trail Program 198,640$ -$ 6,412$ 6,412$ (192,228)$ Land & Water Conservation Grant 200,000 - - - (200,000) LMIG Funds 405,528 - 444,773 444,773 39,245 Smart Communities 65,191 - - - (65,191) Trail Connection to Big Creek Greenway 400,000 - 1,080 1,080 (398,920) Interest Revenues - 174 909 909 909 Contributions & Donations - - - - - Total revenues 1,269,359$ 174$ 453,173$ 453,173$ (816,186)$ EXPENDITURES Capital Outlay Public Works 1,383,489$ 9,000$ 10,350$ 45,000$ 1,338,489$ Parks & Recreation 631,443 - 4,015 11,300 620,143 Community Development 104,793 - 5,000 34,350 70,443 Total Capital Outlay 2,119,725$ 9,000$ 19,365$ 90,650$ 2,029,075$ Excess of revenues over expenditures (850,366)$ (8,826)$ 433,808$ 362,523$ 1,212,890$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfer Out to Capital Projects Fund - - - - - Budgeted Fund Balance - - - - -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (850,366)$ 433,808$ 362,523$ Fund balance - beginning 850,459 850,459 850,459 Fund balance - ending 93$ 1,284,268$ 1,212,983$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2020 10 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 30,000$ 678$ 16,959$ 16,959$ (13,041)$ Law Enforcement Fund 13,000 285 7,539 7,539 (5,461) Fire Fund 72,500 1,631 43,199 43,199 (29,301) Road Fund 110,000 2,035 54,647 54,647 (55,353) Park Fund 650,000 18,645 459,917 459,917 (190,083) Interest Revenues/Admin Fund - 9 50 50 50 Interest Revenues/Law Enforcement Fund - 4 21 21 21 Interest Revenues/Fire Fund - 21 123 123 123 Interest Revenues/Road Fund - 26 154 154 154 Interest Revenues/Park Fund - 242 1,375 1,375 1,375 Total revenues 875,500$ 23,575$ 583,985$ 583,985$ (291,515)$ EXPENDITURES General Government Buildings 73,437$ -$ -$ -$ 73,437$ Fire 319,372 - - - 319,372 Public Works 266,709 - - 152,967 113,742 Parks & Recreation 3,063,327 - 1,351,331 1,351,331 1,711,997 Community Development 59,195 - - - 59,195 Total Capital Outlay 3,782,040$ -$ 1,351,331$ 1,504,298$ 2,277,742$ Excess of revenues over expenditures (2,906,540)$ 23,575$ (767,346)$ (920,313)$ 1,986,227$ OTHER FINANCING SOURCES (USES) Transfer Out to General Fund/Admin -$ -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ -$ Net change in fund balances (2,906,540)$ (767,346)$ (920,313)$ Fund balance - beginning 3,004,194 3,004,194 3,004,194 Fund balance - ending 97,654$ 2,236,848$ 2,083,881$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2020 11 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ -$ Interest Revenues - 3,202 113,540 113,540 113,540 Contributions & Donations - - - - - Total revenues -$ 3,202$ 113,540$ 113,540$ 113,540$ EXPENDITURES Capital Outlay General Government Buildings 13,853,347$ 21,492$ 6,672,902$ 12,541,946$ 1,311,402$ Fire 3,706,563 - - 393,987 3,312,576 Fiscal Agent's Fees - - 114,971 114,971 (114,971) Issuance Costs - - 387,932 387,932 (387,932) Bond Principal - - 7,881,627 7,881,627 (7,881,627) Total Capital Outlay 17,559,910$ 21,492$ 15,057,432$ 21,320,462$ (3,760,552)$ Excess of revenues over expenditures (17,559,910)$ (18,290)$ (14,943,892)$ (21,206,922)$ (3,647,012)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Revenue Bond Proceeds 19,106,563 - 27,493,663 27,493,663 8,387,100 Total other financing sources and uses 19,106,563$ -$ 27,493,663$ 27,493,663$ 8,387,100$ Net change in fund balances 1,546,653$ 12,549,771$ 6,286,741$ Fund balance - beginning (1,546,653) (1,546,653) (1,546,653) Fund balance - ending -$ 11,003,119$ 4,740,088$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2020 12 of 13 Amount Percent Yield Money Market - Quantum Bank 5,384,577 17%0.85% GA Fund 1 12,484,911 39%0.50% GA Fund 1 (TSPLOST)13,851,361 44%0.50% Grand Total Investment Portfolio 31,720,850 100% Current Month YTD Current Month YTD Interest earned 9,168 169,856 5,472 111,681 Budgeted interest 25,000 200,000 16,667 133,333 Variance over/(under)(15,832) (30,144) (11,194) (21,652) General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending May 31, 2020 13 of 13 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 1, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Change Order between the City of Milton and Purvis Systems, Inc. for the Fire Station Alerting MEETING DATE: Monday, July 6, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ July 6, 2020 X X X X To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted June 18, 2020 for the July 6, 2020 Regular City Council Meeting Agenda Item: Approval of a Change Order between the City of Milton and Purvis Systems, Inc. for the Fire Station Alerting _____________________________________________________________________________________ Project Description: This project will add a PURVIS FSAS interface to the City’s MCC7500 radio console. The MCC7500 interface allows the PURVIS FSAS to generate Motorola Call Alerts and automated voice announcements over the existing radio system. The PURVIS FSAS Radio Interface Unit (RIU), which was included as part of the base PURVIS FSAS solution purchased by the City, will be deployed by PURVIS along with PURVIS FSAS software v4.7.8 as part of the initial PURVIS FSAS implementation and cutover in the City. Using the RIU we can play wave file(s) and/or generate simple band tones. These tones can be configured in many ways based on the dispatch information by department, station, unit, unit type or by specific event code (incident codes). PURVIS FSAS software version 4.9, which contains the PURVIS FSAS MCC7500 interface needed, is expected to be available to the City in the November 2020 timeframe. PURVIS will implement PURVIS FSAS software v4.9 once it is available. At that time, the PURVIS FSAS MCC7500 interface will be also implemented in the City and the PURVIS FSAS RIU interface will be decommissioned. A request was also made for the following hardware changes in each fire station: Stations 41, 42, 43 and 44, the PURVIS FSAS Audio Relay Expansion Module (ARXM) will be eliminated from each station. Removing the ARXM eliminates dedicated audio zones in each station. All PURVIS FSAS alerts will play over all speakers within each alerted station. In Station 43, we are requesting that PURVIS eliminate 9 ceiling speakers and add 2 wall speakers and 4 red LEDs. In Station 44, we are requesting that PURVIS eliminate 4 ceiling speakers and add 4 wall speakers. After deleting several speakers and the addition of the MCC7500 radio console, the total change order comes to $4,930.00. Procurement Summary: Purchasing method used: Contract Addendum Account Number: 360-3510-542500001 Requisition Total: $ 398,916.68 Vendor DBA: Purvis Systems Financial Review: Bernadette Harvill, June 18, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis LLP, June 16, 2020 Concurrent Review: Steve Krokoff Attachment: Goods and Services Agreement Change Order C•ST'A6LISI IED 200E CHANGE ORDER #1 FOR GOODS AND SERVICES PURCHASE CONTRACT Fire Station Alerting System WHEREAS, the City of Milton, Georgia and Purvis Systems, Inc. have entered into a Goods and Services Purchase Contract (the "Agreement") dated April 15, 2020, incorporated herein by reference, for the installation and software for a fire station alerting system, and WHEREAS, the Parties desire to add and subtract certain good and services as described in Exhibit "A" hereto, and to change the Not to Exceed amount of the "Agreement" pursuant to Section 2 of the Agreement, it being to the mutual benefit of all parties to do so; NOW THEREFORE, the Parties agree to amend the Purchase Contract as follows: 1. Sections 2 and 3 and Exhibit "B" of the Agreement are hereby amended to modify the goods and services as shown in Exhibit "A" hereto. Except as otherwise stated in Exhibit "A" the goods and services will be provided in accordance with the timeline shown in the existing Agreement. 2. Section 5.A of the Agreement is amended by striking the phrase "The amount paid as compensation for supply of the Goods and the Set -Up Services shall be the fixed price of $393,986.68," and replacing it with the phrase "The amount paid as compensation for supply of Goods and the Set - Up Services shall be a fixed price of $398,916.68." A payment milestone 6a for PURVIS FSAS MCC7500 Interface Upgrade with a payment amount of $4,930 is also added to Exhibit "B" of the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their dU ly authorized officers as of the day and year set forth next to each signature. CONTRACTOR: Purvis Systems, Inc. Print e: Joseph ago III . Chief Executive Officer President/Vice President (Corporation) 9 1h Print Name: Its: Sr. Susan Correia Vice President ((Assistant) Corporate Secretary if corporation) 1 2 CITY OF MILTON, GEORGIA By: ___________________________________ Joe Lockwood, Mayor [CITY SEAL] Attest: ____________________________________ Print Name:__________________________ Its: City Clerk Approved as to form: ____________________________________ City Attorney 3 Exhibit A 88 Silva Lane, Middletown, RI 02842 (401) 849-4750 Contact Information: Contracts: M. Craft, 401-845-8401 PURVIS FSAS Change Order Request For The City of Milton, GA RFP 20-FD02 (Goods and Services Purchase Contract, Fire Station Alerting System) May 27, 2020 Change Item: The City of Milton has requested to add a PURVIS FSAS interface to the City’s MCC7500 radio console. The MCC7500 interface allows the PURVIS FSAS to generate Motorola Call Alerts and automated voice announcements over the existing radio system. The PURVIS FSAS Radio Interface Unit (RIU), which was included as part of the base PURVIS FSAS solution purchased by the City, will be deployed by PURVIS along with PURVIS FSAS software v4.7.8 as part of the initial PURVIS FSAS implementation and cutover in the City. PURVIS FSAS software version 4.9, which contains the PURVIS FSAS MCC7500 interface needed, is expected to be available to the City in the November 2020 timeframe. PURVIS will implement PURVIS FSAS software v4.9 in the City of Milton once it is available. At that time, the PURVIS FSAS MCC7500 interface will be also implemented in the City and the PURVIS FSAS RIU interface will be decommissioned. The City has also requested the following PURVIS FSAS hardware changes in each fire station: In stations 41, 42, 43 and 44, the PURVIS FSAS Audio Relay Expansion Module (ARXM) will be eliminated from each station. Removing the ARXM eliminates dedicated audio zones in each station. All PURVIS FSAS alerts will play over all speakers within each alerted station. In station 43, the City has requested that PURVIS eliminate 9 Ceiling Speakers and add 2 Wall Speakers and 4 Red LEDs. In Station 44, the City has requested that PURVIS eliminate 4 Ceiling Speakers and add 4 Wall Speakers. Scope of Change: Dispatch Center PURVIS Part # Description List Price Qty Total 315-320005-131 PURVIS FSAS Motorola MCC 7500 Interface Kit (Includes 3 PURVIS FSAS Radio Interface Software Licenses & 3 PURVIS FSAS Radio Interface Hardware Kits) $ 7,500.00 1 $ 7,500.00 Implementation Services - PURVIS FSAS Motorola MCC 7500 Interface $ 9,100.00 1 $ 9,100.00 Total $ 16,600.00 Fire Station 41 PURVIS Part # Description List Price Qty Total 315-442000-131- 4/0 Audio/Relay Expansion Module (ARXM) 25/70v, 4 Zone/0 Relay $ 2,860.00 -1 $ (2,860.00) Total $ (2,860.00) 88 Silva Lane, Middletown, RI 02842 (401) 849-4750 Contact Information: Contracts: M. Craft, 401-845-8401 Fire Station 42 PURVIS Part # Description List Price Qty Total 315-442000-131- 4/0 Audio/Relay Expansion Module (ARXM) 25/70v, 4 Zone/0 Relay $ 2,860.00 -1 $ (2,860.00) Total $ (2,860.00) Fire Station 43 PURVIS Part # Description List Price Qty Total 315-442000-131- 4/0 Audio/Relay Expansion Module (ARXM) 25/70v, 4 Zone/0 Relay $ 2,860.00 -1 $ (2,860.00) 315-130401-131-SO Ceiling Speaker, 8" (70v) $ 60.00 -9 $ (540.00) 315-130351-131 Ceiling Speaker Bridge Tile Mount $ 10.00 -9 $ (90.00) 315-120-401-131 Wall Speaker, 8" (70v) $ 60.00 2 $ 120.00 315-220001-131 Red LED Light, 3" $ 80.00 4 $ 320.00 Total $ (3,050.00) Fire Station 44 PURVIS Part # Description List Price Qty Total 315-442000-131- 4/0 Audio/Relay Expansion Module (ARXM) 25/70v, 4 Zone/0 Relay $ 2,860.00 -1 $ (2,860.00) 315-130401-131-SO Ceiling Speaker, 8" (70v) $ 60.00 -4 $ (240.00) 315-130351-131 Ceiling Speaker Bridge Tile Mount $ 10.00 -4 $ (40.00) 315-120-401-131 Wall Speaker, 8" (70v) $ 60.00 4 $ 240.00 Total $ (2,900.00) Grand Total $ 4,930.00 Cost Summary: Total City of Milton Cost Impact: Change Order cost increase of $4,930 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 30, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Contract between BIS Digital, Inc. and the City of Milton, Georgia for the Installation of an ADA Compliant Listening Assist for the Milton Courtroom MEETING DATE: Monday, July 6, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X July 6, 2020 X X X To: Honorable Mayor and City Council Members From: Brooke Lappin, Clerk of Court Date: Submitted June 17, 2020 for the July 6, 2020 Regular City Council Meeting Agenda Item: Approval of a Contract between BIS Digital, Inc. and the City of Milton, Georgia for the Installation of an ADA Compliant Listening Assist for the Milton Courtroom _____________________________________________________________________________________ Project Description: In 2010 The Department of Justice revised regulations for Titles II and III of the Americans with Disabilities Act of 1990. These regulations set minimum requirements for newly designed and constructed State and local government facilities to be readily accessible to and usable by individuals with disabilities. The Municipal Court currently utilizes BIS digital to record all court sessions. BIS digital will be installing an ADA hearing assist system in the new Public Safety Complex in order to adhere to the 2010 Standards. This system will provide the court with the ability to dispense headphones to the public that will relay any audio from the AV system in the courtroom. The system will also allow individuals to utilize their personal iPhone and/or Android device to amplify that audio. BIS digital will also upgrade our current software in order to capture audio from a ZOOM meeting recording in order to hold virtual court sessions in the future. Procurement Summary: Purchasing method used: Other (See Comment Above) Account Number: 360-1565-541300100 Requisition Total: $4,275.00 Vendor DBA: BIS Digital Financial Review: Bernadette Harvill, June 24, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis LLP, June 16, 2020 Concurrent Review: Steven Krokoff Attachment: Goods and Services Agreement No Text Item Product Code Qty Unit Price Total Price ADA Compliant Listening Assist Assisted Listening Transmitter (Wi-Fi) BIS-ALT-WiFi-S2 1 $1,195.00 $1,195.00 Assisted Listening Receiver (Wi-Fi) BIS-ALR-WiFi-S2 2 $279.00 $558.00 DCR recording equipment upgrade DANTE Virtual Sound Card (up to 64th) BIS-DANTE-V64 1 $120.00 $120.00 USB Gigabit NIC (10/100/1000) BIS -NIC -GB 1 $60.00 $60.00 Live Stream Capture License for DCR BIS- DCR-SCL 1 $700.00 $700.00 Networking/Cabling LAN Kit 12/25 TK-CON-CAT6-Kitt 1 $90.00 $90.00 CAT6 Patch Cable (5ft.) BIS-CAT6-PC5 2 $10.50 $21.00 CAT6 Cable BK (Plenum) BIS-W-CAT6 0.25 $600.00 $150.00 Dual Cat5E Configured Wall Plate BIS-CAT-WP2 1 $11.00 $11.00 Installation Supplies BIS-INST-SUP 1 $50.00 $50.00 Implementation Services Shipping/Handling S/H 1 $55.00 $55.00 On-site Setup, Installation and Training SIT 1 1 $1,050.00 $1,050.00 Annual DCR REMOTE Support NMNT-DCR-R 1 1 $215.00 $215.00 Sales Tax Rate Total (Excluding Sales Tax) $4,275.00 we�r� •d;e„a E.asm� cyuiponarc• Wiring Diagram City of Milton Municipal Court (GA) Q 8015554 Judge r---- -- 1 Padi— r--------- 1 Court Reporter DCR nesAtop video 1�h 'Eris[ing DC R N[ense' W�Danie'.a w/ �33Gigabit N iC wl5veen Capture (Client Ro+ntletl PCj cno�nrri tw�mpfnne Rack eatp Terra Sgvtt-lo .Exp. eW5 a..ivw tivenmg W+� xww.RewbgRal.mm Cap/rgh[ 613 Digital. For ln[ema ase Only. External D'uVihutlon Regrres Wrlten Nrtho.hakian. BIS Digital, Inc. 1350 NE 56' Street, Suite 300 Fort Lauderdale, FL 33334 P: 800.834.7674 F: 877.858.5611 Page 2 No Text Cynthia Earp 678-242-2568 ap@cityofmiltonga.us 678-242-2499 Agreement Supplement 1. Priori - of Supplement: This Supplement is attached to and applies to the equipment purchase and installation agreement represented by Quote Number Q-8015554-6.9.2020 (the "Agreement") between BIS Digital, Inc. ("BIS") and the City of Milton, Georgia ("City"). The provisions of the Supplement control over any contrary provisions found in the Agreements. 2. Statutory Auto -Termination and Renewal: As required by O.C.G.A. § 36-60-13, the Agreements shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the term of the Agreements, and the Agreements shall automatically renew on January 1 of each subsequent calendar year of the Term, absent City's provision of written notice of non -renewal to BIS at least thirty days prior to the end of the then -current calendar year. Title to any supplies, materials, equipment, or other personal property (to the extent any title transfers pursuant to the Agreement) shall remain in BIS until fully paid for by City. 3. Governing Law: The laws of the State of Georgia shall govern the Agreements. 4. E -Verify: Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless BIS shall provide evidence on the forms, attached hereto as Exhibits "A" and "B" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and 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. BIS hereby verifies that it has, prior to executing this Agreements, executed a notarized affidavit, the form of which is provided in Exhibit "A", and submitted such affidavit to City. Further, BIS hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event BIS employs or contracts with any subcontractor(s) in connection with the Agreements, BIS 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 "B", which subcontractor affidavit shall become part of the BIS/subcontractor agreement. If a subcontractor affidavit is obtained, BIS agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. BIS and BIS'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. BIS agrees that the employee -number category designated below is applicable to it: 500 or more employees 100 or more employees x Fewer than 100 employees BIS hereby agrees that, in the event BIS employs or contracts with any subcontractor(s) in connection with the Agreements and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, BIS 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. 5. 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, BIS agrees that, during performance of the Agreements, BIS, 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, BIS agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under the Agreements. 6. Compliance with Law and Best Practices: BIS 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, et seq.), to the extent applicable. 7. Insurance: BIS and any subcontractors retained shall maintain commercially reasonable insurance, including commercial general liability insurance suitable for the work to be performed and all legally -required workers' compensation insurance. 8. Independent Contractor: The parties acknowledge that BIS is an independent contractor of the City and not an agent or employee of the City. 9. Ethics: BIS 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. BIS certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. BIS 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 contract or subcontract, or to any solicitation or proposal therefor. BIS 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. 10. Sovereign Immunity; Indemnification: Nothing contained in the Agreements shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. [SIGNATURES ON FOLLOWING PAGE] Attest: BIS Digital, Inc.: Signature: Print Name: Kirk Ambrose - Vice President Title: President [CORPORATE SEAL] CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Signature: Print Name: Title: City Clerk Approved as to form: City Attorney FloridaBroward CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 30, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and CHA Consulting, Inc. for Cogburn Road Sidewalk MEETING DATE: Monday, July 6, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X X July 6, 2020 To: Honorable Mayor and City Council Members From: Robert Drewry, Public Works Director Date: Submitted on June 24, 2020 for the July 6, 2020 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and CHA Consulting, Inc. for Cogburn Road Sidewalk Design _____________________________________________________________________________________ Project Description: The City of Milton identified a priority sidewalk connection project along Cogburn Road connecting Cambridge High School to neighborhoods to the north. The project includes approximately 1,200 feet along Cogburn Road, which begins at the existing sidewalk/trail just north of Bethany Bend on both sides of Cogburn Road and extends to Oakstone Glen and Devonshire Farms Way. CHA previously provided design services including a concept layout and development of construction plans with typical section, plan view, drainage, grading, cross sections, driveway profiles, and temporary easements needed to construct the sidewalk. The scope for this agreement is for additional drainage modifications to the plans. Procurement Summary: Purchasing method used: Professional Services Account Number: 335-4101-541400007 Requisition Total: $3,500 Vendor: CHA Consulting, Inc. Financial Review: Bernadette Harvill, June 24, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis LLP, June 19, 2020 Attachment(s): Professional Services Agreement 1 PROFESSIONAL SERVICES AGREEMENT – SHORT FORM Cogburn Road Sidewalk Design Modifications This Professional Services Agreement (“Agreement”) is made and entered into this_____ day of _____________, 20___ (the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council, located at 2006 Heritage Walk, Milton, Georgia 30004 (hereinafter referred to as the “City”), and CHA Consulting, Inc.., a Corporation having its principal place of business in Georgia at 6745 Sugarloaf Parkway, Suite 100, Duluth, Georgia 30097 (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. Agreement. 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 (revised to correct typo in time for completion) Exhibit “B” – Insurance Certificate Exhibit “C” – Contractor Affidavit Exhibit “D” – Subcontractor Affidavit Section 2. The Work. A general description of the Project is as follows: provide drainage design modifications for Cogburn Road sidewalk project in Milton, Georgia, (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 shall 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, within three weeks from the Notice to Proceed (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. 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. 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 $3,500.00 (the “Maximum Contract 2 Price”), except as outlined in Section 4 above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon a flat fee per project as set forth in Exhibit “A”. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s profession and industry, Consultant will give written notice immediately to City. 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 within thirty (30) days of City’s receipt of an invoice, setting forth in detail the services performed and costs incurred, along with all supporting documents required by the Agreement or requested by City to process the invoice. A single invoices shall be submitted at completion of the Work. Section 6. Covenants of Consultant. A. Licenses, 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. Expertise 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, or for performing Work in accordance with sound and accepted professional and industry principles. 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 that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Consultant’s Representative; Meetings. Brad Robinson 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. Responsibility of Consultant and Indemnification of City. Consultant shall be responsible for the Work rendered in connection with this Agreement and any direct damages directly resulting to it and/or City on account of the negligent performance of the Work rendered pursuant to this Agreement. Consultant shall indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against judgments, injuries, damages, losses, costs, expenses and liability, including but not limited to reasonable attorney’s fees and costs of defense arising out of the legal liability to a third party for bodily injury or property damage (“Liabilities”), to the extent caused by a intentionally wrongful or negligent act or omission arising out of the Work, performance of contracted services, or operations by Consultant, its subcontractor, or anyone directly or indirectly employed by Consultant or its subcontractor. This indemnity 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 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 3 actions or omissions that occurred during the performance of this Agreement, but in no event shall this obligation extent beyond any application statute(s) of limitation or repose. In no event shall Consultant be liable to City or City to Consultant for consequential or indirect damages, including but not limited to, loss of profits or revenue, loss of use of equipment, loss of production, additional expenses incurred in the use of the equipment and facilities and claims of customers of City. This disclaimer shall apply to consequential damages based upon any cause of action whatsoever asserted including ones arising out of any breach of contract, warranty, guarantee, products liability, negligence, tort, strict liability, or any other cause pertaining to the performance or non-performance of the contract by Consultant/City. 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 of City. H. Insurance. Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit “B”, attached hereto and incorporated herein by reference. Consultant 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, Consultant’s insurer shall waive all rights of subrogation against the City for losses arising from Consultant’s Work and that the City and its officials and employees are named as additional insureds. I. Employment 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 E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) 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 Rule 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 “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 4 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.] _X___ 500 or more employees. ____ 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 contract or 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 of any 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, if applicable. M. Ownership of Work. Upon receipt of payment in accordance with Section 5 of this Agreement, 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. 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. O. 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 5 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. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral 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 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 Consultant submits to the jurisdiction and venue of such court. During the Term 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 in Consultant’s industry practicing at the same time and in a similar locality, 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, et seq.). C. Captions and Severability. 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. D. 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 day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. 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 6 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. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONSULTANT: CHA C g, ne. Signature: Print Name: Michael A. Platt Executive Title: "OVice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: Print Name: Thomas D. Titsworth Title: Assistant Secretary (Assistant) Corporate Secretary (required if corporation) CITY OF MILTON, GEORGIA By: Steven Krokoff, City Manager Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney 7 00IIII n►►grrrr 1N G, /4/ 0:Q �Qo �Pti NO RATIFIED BY COUNCIL By: Joe Lockwood, Mayor [CITY SEAL] EXHIBIT “A” WOLVERTON 6745 Sugarloaf Pkwy, Suite 100 | Duluth, Georgia 30097 | 770.447.8999 | wolvertoninc.com April 15, 2020 Mrs. Sara Leaders, PE, LSIT Transportation Engineer Milton City Hall 2006 Heritage Walk Milton, GA 30004 RE: Engineering Services Proposal Letter Cogburn Road Sidewalk Drainage Revision Dear Mrs. Leaders: Wolverton & Associates, Inc. (Wolverton) is pleased to submit this proposal to revise the drainage design for the sidewalk design project along Cogburn Road from Bethany Bend to Oakstone Glen/Devonshire Farms Way. Wolverton reserves the right to review and subsequently revise this proposal in the event of any changes to the scope of services proposed below. The services are based on the following: I. Project Description: The Cogburn Road sidewalk project includes approximately 1,200 feet along Cogburn Road, which ties into the existing sidewalk/trail just north of Bethany Bend on both sides of Cogburn Road and terminates at the existing sidewalk just south of Oakstone Glen/Devonshire Farms Way. The typical section w as determined by the width of the existing right of way. The proposed shoulder was designed within the existing right of way and only easements were to be acquired under this project. The services of this proposal include revisions to the drainage design as further described below. II. Scope of Services: Revise Drainage Design – Wolverton will develop a drainage design revision as suggested by the City and attached to this document. a. Drainage revisions: · Revise Plans Sheets and Inlet locations · Revise Drainage Profile Sheets · Revise and Check Drainage Analysis · One (1) plan review meetings with the city III. Deliverables: The following items will be completed by Wolverton and delivered during the term of this project as specified by the Project Manager: A. Revised Construction Plans B. Revised Opinion of Probable Cost COST AMOUNT OF PROPOSAL PHASE DESCRIPTION COST Drainage Revisions ...............................................................................................$3,500.00 Total Cost ............................................................................................. $3,500.00 Assumptions: 1. Drainage design will consist of curb inlets spaced adequately to control 10-yr spread. The storm drain system will drain to one low point along Cogburn Road and tie to the existing cross-drain. No storm water maintenance of quality or quantity will be required. 2. Environmental Special Studies and Permitting are not required. Any required permitting may be completed under a separate agreement. 3. Additional Services not specified in this proposal are excluded (survey database, subsurface utility engineer, geotechnical, structural engineering, environmental/permitting, hydraulics, etc.) Any of the above items can be performed by Wolverton under a separate proposal. Wolverton will begin immediately upon receipt of a signed proposal. The work will be completed within ten (3) weeks of Notice to Proceed (NTP). This proposal was prepared with the intent of addressing your specific needs and concerns thus far identified and under the terms and conditions attached. Wolverton sincerely appreciates this opportunity and looks forward to serving your needs! Sincerely, Wolverton & Associates, Inc. ____________________________________ Joe Macrina, P.E. Vice President EXHIBIT “B” ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/24/2020 (617) 328-6555 (617) 328-6888 20443 CHA Consulting, Inc. 575 Broadway Albany, NY 12207 33600 35289 33588 23841 A 1,000,000 X X 6014087067 8/1/2019 8/1/2020 500,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000B X X AS5-Z11-260446-019 8/1/2019 8/1/2020 15,000,000C X 6014087053 8/1/2019 8/1/2020 15,000,000 10,000 D X WC6-Z11-260446-029 8/1/2019 8/1/2020 1,000,000 N 1,000,000 1,000,000 E Professional Liab X 002910563 8/1/2019 Per Claim 6,000,000 E 002910563 8/1/2019 8/1/2020 Aggregate 10,000,000 If AI box is checked, GL Endorsement Form #CNA75079XX, Auto AI #CA20481013 to the extent provided therein applies and all coverages are in accordance with the policy terms and conditions. RE: Cogburn Road Sidewalk Design Modifications City of Milton and its officials and employees shall be included as additional insured with respects to General and Auto Liability where required by written contract. A Waiver of Subrogation is provided in accordance with the policy terms and conditions. City of Milton 2006 Heritage Walk Alpharetta, GA 30004 CHAHOLDING MDONOVAN Ames & Gough 859 Willard Street Suite 320 Quincy, MA 02169 boston@amesgough.com Continental Casualty Company (CNA) A, XV LM Insurance Corporation Continental Insurance Company A(XV) The First Liberty Insurance Corporation New Hampshire Insurance Company X 8/1/2020 X X X X X X X X X X STATE OF New York COUNTY OF Albany EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 130989 I hereby declare under penalty of perjury that the Federal Work Authorization User Identification foregoing is true and correct. Number Executed on June 25 , 2020 in Al n NY (state). .Bine 24, 2008 —72� Date of Authorization Signature off Authorized Officer or Agent CHA Consulting, Inc. Name of Contractor Michael A. Platt, General Counsel & Exec. VP Printed Name and Title of Authorized Officer or Cog_burn Road Sidewalks Design Modifications Agent Name of Project City of Milton, Georgia SUBSCRIBED AND SWORN BEFORE ME Name of Public Employer ON THIS THE ZSR"- DAY OF xjuyu '' nn, 200 �� . NOTARY PUBLIC NI'KKI C. DAMES [NOTARY Sli&A�y PUBLIC -STATE OF NEW YORK No.02DA6253381 Qualified in Schenectady County My Commission Expires 12-21-2023 My Commission Expires: a73 'L022 EXHIBIT “D” STATE OF _____________ COUNTY OF ___________ SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with CHA Consulting, Inc. (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Subcontractor Cogburn Road Sidewalk Design Modifications 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 _________, 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: _________________________________ "N/A" CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 1, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Subdivision Plats and Revisions Name of Development / Location Action Comments / # lots Total Acres Density 1. Eric Mondi LL 833 2770 and 2780 Bethany Bend Minor Plat Recombine 3 lots into 2 Lots 8.136 0.24 / acre MEETING DATE: Monday, July 6, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ July 6, 2020 X X X To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on June 30, 2020 for the July 6, 2020 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions ____________________________________________________________________________ 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 Eric Mondi minor plat described herein consists of an 8.136-acre parcel located at 2770 and 2780 Bethany Bend zoned AG-1 (Agricultural) to be recombined from three parcels into two parcels. Parcel 1 is now 6.535 acres and Parcel 2 is now 1.601 acres in size. 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 5 Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Eric Mondi LL 833 2770 and 2780 Bethany Bend Minor Plat Recombine 3 lots into 2 Lots 8.136 0.24 / acre Consent Agenda Plats Staff Memo Page 3 of 5 Consent Agenda Plats Staff Memo Page 4 of 5 Consent Agenda Plats Staff Memo Page 5 of 5 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 30, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 4 – Section 85. – Farm Wineries, of the Alcoholic Beverages of the Code of the City of Milton, Georgia MEETING DATE: Monday, July 6, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X July 6, 2020 X X X To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on June 17, 2020 for First Presentation on the July 6, 2020 Regular City Council Meeting and Unfinished Business on the July 20, 2020 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Amend Chapter 4 – Section 85. – Farm Wineries, of the Alcoholic Beverages of the Code of the City of Milton, Georgia. ___________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: At the root of our Chapter 4 – Alcoholic Beverages rewrite was the desire to create opportunities for businesses in Milton to be successful while clearly stating that bars are strictly prohibited. With direction from Council at both the June 1, 2020 and June 15, 2020 Council meetings, I have edited Section 85 – Farm Wineries to allow the retail sale and consumption on premise of wine produced from outside of Georgia. Previously only wines produced in Georgia were eligible. This revision also includes language that allows for additional permits, should Council approve Use Permits for additional beer/liquor allowances in the future. Funding and Fiscal Impact: Potential increase in revenue as we create new opportunities for businesses in Milton. Alternatives: None. Legal Review: Deborah Dance, Jarrard & Davis – June 17, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment(s): 4-85 Farm Wineries Ordinance STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 4 – ALCOHOLIC BEVERAGES, OF THE CODE OF THE CITY OF MILTON, GEORGIA BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on July 20, 2020 at 6:00 p.m. as follows: SECTION 1. That the amendment of Chapter 4 - Alcoholic Beverages, of the Code of the City of Milton, Georgia 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 20th day of July 2020. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk Sec. 4-85. – Farm wineries. Any duly licensed Farm Winery may offer wine samples and make retail sales of its wine, and other Georgia wines, and wines produced or shipped from out of state as permitted under State law in a tasting room on the premises of the Farm Winery without additional license requirements. Nothing in this Section shall be deemed to prohibit a Farm Winery from obtaining appropriate licenses or permits to allow special eve nts on its premises and provide alcohol in conjunction with such licenses or permits as permitted by state law and City Ordinances. (a) Permitted sales. A Farm Winery may sell its wine, and other Georgia wines, and wines produced or shipped from out of state as permitted under State law at retail in a tasting room or other facility on the premises of the winery for consumption on-premises and in closed packages for consumption off- premises. Other sales of alcohol may be as permitted by state law and City Ordinances. (b) Licensee qualifications. The qualifications for the license for sale by Farm Winery tasting room shall be the same as set forth in this Section. (c) Licenses issued. The alcoholic beverage licenses which may be issued to Farm Wineries under this Chapters are: 1) Wholesaler of Farm Winery production. A Farm Winery shall be granted a wholesale license for sale and distribution as provided by O.C.G.A. § 3-6-21.1. Such license shall be issued upon application and payment of established fees and upon presentation of a receipt for payment of the state annual license tax as provided by the referenced code provisions in this Section. 2) Retail package sales of wine. Each retail package sales license shall require that all sales shall be by and through the Farm Winery tasting room at the site which said license is issued. 3) Farm Winery tasting room for consumption on-premises sales of wine. Each license for the sale of wine for consumption on -premises shall require that all consumption shall be at the Farm Winery site for which said license is issued. This site shall include any wedding or dining facilities associated with the Farm Winery. Except as specifically set forth in this Article, all such licenses remain subject to all other provisions of this Chapter that govern on-premise consumption. 4) Multiple Farms Winery licenses. A Farm Winery may apply for and, if approved, may be issued multiple Farm Winery licenses as provided in this Section for any single site. At the primary Farm Winery facility where the wine is produced, such site may be licensed for wholesale, retail package sales and consumption on-premises sales. For any site other than the primary Farm Winery facility where the wine is produced, up to the maximum number of such sites as may be permitted by state statute, such site may be licensed for retail package wine sales and consumption on-premise. 5) Special Event Alcohol License or Events Facility License. Nothing in this Section shall be deemed to prohibit a Farm Winery from obtaining appropriate licenses or permits to allow special events on its premises and provide alcohol in conjunction with such licenses as permitted by state law and City Ordinances. (d) Ratio of sales. There shall be no specified or required ratio of alcohol sales to any other income for Farm Winery operations. (e) Hours and days of sale. Farm Wineries shall be permitted to operate only during the following hours and days of the week, as indicated: 1) Monday through Saturday, from 9:00 a.m. until 10:00 p.m. 2) Sunday from 12:30 p.m. until 10:00 p.m. 3) The licensed business shall open its business each day it is open by not later than 5:00 p.m. (f) Applicable provisions. The provisions of this Chapter regarding qualifications of the licensee and other matters shall apply to the issuance of the license for sale by a Farm Winery tasting room and the operation thereof. (c) Licensing limitations. The license created in accord with this Article shall be limited to Farm Winery tasting rooms licensed by the State of Georgia in accord with O.C.G.A. § 3-6-21.1 et seq., and the licensee shall be permitted to perform only acts allowed in accord with such statutes. No license is hereby created authorizing any other use. (d) Renewals. All applications for renewal of a Farm Winery license or licenses shall be accompanied by a copy of the current state license. Failure to present a valid copy of a current and valid state license may result in a refusal to renew the license. CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 2, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend the Milton Tree Canopy Conservation Ordinance to Provide a Time Extension on the Ability to Use the Density-based Tree Conservation Ordinance or the Canopy-based Tree Conservation O Ordinance in the City Code MEETING DATE: Monday, July 6, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X X July 6, 2020 To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on June 30, 2020 for the July 6, 2020 Regular City Council Meeting (First Presentation) and July 20, 2020 Regular City Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance to Amend the Milton Tree Canopy Conservation Ordinance to Provide a Time Extension on the Ability to Use the Density-based Tree Conservation Ordinance or the Canopy-based Tree Canopy Conservation Ordinance in the City Code. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The proposed edit to section 5.4 of the “Tree Canopy Conservation Ordinance” will extend the time that applicants may apply either the density-based Tree Conservation Ordinance or the canopy-based Tree Conservation Ordinance from July 31, 2020 to November 30, 2020. This extension will allow sufficient time for staff to offer educational outreach to the community of users in order to facilitate the transition to mandatory use of the Tree Canopy Conservation Ordinance. Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Sam VanVolkenburgh, Jarrard & Davis – 6/23/2020 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance to Amend the Tree Canopy Conservation Ordinance Redlined text of amended Tree Canopy Conservation Ordinance STATE OF GEORGIA ORDINANCE NO._____________ COUNTY OF FULTON AN ORDINANCE TO AMEND ARTICLE I, SECTION 5.4 OF THE MILTON TREE CANOPY CONSERVATION ORDINANCE TO EXTEND THE DATE FOR MANDATORY COMPLIANCE The Council of the City of Milton hereby ordains, while in a regularly called council meeting on July 20, 2020 at 6:00 p.m., as follows: WHEREAS, the City has adopted a new “Tree Canopy Conservation Ordinance” (Ordinance No. 18-04-348, as amended by Ordinance No. 18-12-386), which has not yet been codified into the Milton Code; WHEREAS, the new Tree Canopy Conservation Ordinance currently serves as an optional alternative to the existing “Tree Conservation Ordinance” found at Chapter 60, Article II, Division 1 of the Milton Code; WHEREAS, compliance with the new Tree Canopy Conservation Ordinance is set to become mandatory on July 31, 2020, superseding the Tree Conservation Ordinance on that date; WHEREAS, the City Council desires to extend the deadline for mandatory compliance with the new Tree Canopy Conservation Ordinance and to extend the time allowed for optional compliance with the Tree Conservation Ordinance; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: SECTION 1. Article I, Section 5.4 of the Tree Canopy Conservation Ordinance of the City of Milton, Georgia (Ordinance No. 18-04-348, as amended by Ordinance No. 18-12-386), is hereby amended by deleting the text “July 31, 2020” and replacing it with “November 30, 2020”. SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. This Ordinance shall become effective upon its adoption. ORDAINED this the 20th day of July, 2020. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk City of Milton, Georgia Chapter 60 – Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 July 22, 2019-January 6, 2020July 20, 2020 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17 July 22, 20189January 6, 2020July 20, 2020 Page i Table of Contents ARTICLE I. IN GENERAL .......................................................................................... 1 1. Title ................................................................................................................................................... 1 2. Community Forest Vision and Goals ................................................................................................. 1 3. Purpose and Intent ........................................................................................................................... 1 4. Administrator .................................................................................................................................... 2 5. Applicability and Exemptions ............................................................................................................ 2 6. Tree Conservation Manual ................................................................................................................ 3 7. Definitions ......................................................................................................................................... 3 8. Protected Trees ............................................................................................................................... 10 9. Specimen Trees ............................................................................................................................... 11 10. Heritage Trees ............................................................................................................................. 12 11. City of Milton Tree Species List ................................................................................................... 14 12. City Tree Management ............................................................................................................... 15 13. Hazardous Trees on Private Property ......................................................................................... 15 14. Variances ..................................................................................................................................... 15 15. Appeals ........................................................................................................................................ 16 16. Inspections .................................................................................................................................. 17 17. Enforcement ............................................................................................................................... 18 18. Notice of Violation ...................................................................................................................... 18 19. Stop Work Order ......................................................................................................................... 19 20. Fines and Penalties ..................................................................................................................... 20 ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY ..........................................20 21. Tree Canopy Management ......................................................................................................... 20 22. Tree Canopy Priorities ................................................................................................................. 20 23. Tree Canopy Cover Requirements .............................................................................................. 21 24. Tree Removal Permit .................................................................................................................. 21 25. Tree Canopy Replacement .......................................................................................................... 24 ARTICLE III. TREE CANOPY ON UNDEVELOPED PROPERTY ....................................26 26. Tree Canopy Management ......................................................................................................... 26 27. Tree Canopy Priorities ................................................................................................................. 26 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17 July 22, 20189January 6, 2020July 20, 2020 Page ii 28. Tree Canopy Plan ........................................................................................................................ 26 29. Tree Canopy Cover Requirements .............................................................................................. 30 30. Required Tree Locations ............................................................................................................. 34 31. Topped Trees .............................................................................................................................. 38 32. Minimum Landscape and Maintenance Requirements .............................................................. 38 33. Landscape Performance Bond .................................................................................................... 39 34. Certificate of Occupancy and Final Plat Approval ....................................................................... 40 35. Alternative Compliance ............................................................................................................... 40 36. Tree Canopy Fund ....................................................................................................................... 42 37. Timber Harvesting ....................................................................................................................... 42 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 1 ARTICLE I. IN GENERAL 1. Title 1.1. This chapter shall be known as the Tree Conservation Ordinance of the City of Milton, Georgia or the “tree ordinance”. 2. Community Forest Vision and Goals 2.1. The City of Milton’s natural and extensive tree canopy provides significant benefits and irreplaceable value to our quality of life. 2.2. The city is committed to managing its community forest to continually improve the quantity and quality of its vital green infrastructure. 2.3. It is the goal of the city to maintain no net loss of tree canopy cover below the 57 percent existing as of March 2017, and to further achieve an average of 60 percent tree canopy cover across the city by 2033. 2.4. The city aims to measure average tree canopy cover across the city every 5 years using the latest GIS technology and use the results to evaluate the effectiveness of the tree ordinance and other tree management programs and policies in achieving the city’s tree canopy goals. 3. Purpose and Intent 3.1. The purposes of the tree ordinance are to: a. Create a living and working environment for Milton’s citizens and visitors that is attractive, healthy and safe; b. Manage and utilize trees for the economic, environmental, and social functions and benefits they provide; and, c. Provide a framework for accomplishing the goals and objectives in the City’s comprehensive plan and other community, environmental and conservation ordinances, plans and policies. 3.2. The intent of this ordinance is to: a. Promote human, environmental and economic health within the community; b. Promote shared responsibility by all property owners to contribute to tree canopy cover; and, c. Establish the minimum amount of regulations that will achieve the vision and goals of the city and produce the desired outcomes. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 2 4. Administrator 4.1. The director of the community development department or his/her designated agent(s) shall be the administrator of the tree ordinance. 4.2. The city arborist shall be the primary agent responsible for the administration of the tree ordinance for the administrator. 4.3. The administrator shall have the authority to waive any provision of this tree ordinance where such waiver is consistent with the purpose and intent of this ordinance and is in the best interest of the public health, safety and welfare. The following factors shall be considered in evaluating the waiver request: a. Whether a literal enforcement of the tree ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; b. Whether the situation causing the undue hardship or practical difficulty is unique to the affected lot and is not self-imposed; c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the waiver will injure or be wholly compatible with the use and future or existing development of adjacent properties; e. Whether the increased development costs caused by conserving the tree create an undue hardship on the development of the lot; f. Whether there is any identified adverse effect of the alteration or conservation on erosion, soil moisture retention, flow of surface water, and drainage systems; g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non-residential uses. h. The costs versus the benefits of relocating required utility service infrastructure and easements based on the conservation or alteration of protected trees; i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects public health, safety and welfare; k. Whether the granting of the waiver will be in harmony with the purpose and intent of the tree ordinance to the greatest degree reasonably possible. 5. Applicability and Exemptions City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 3 5.1. The terms and provision of the tree ordinance shall apply to: a. All real property within the City of Milton unless otherwise exempted herein; b. Any activity that requires the issuance of a land disturbance permit, building permit, demolition permit, right-of-way encroachment permit or tree removal permit; c. Any activity that requires a certificate of occupancy, minor plat approval, certificate of conceptual plan approval, or final plat approval; and, d. All protected trees. 5.2. The activities, properties and trees that are exempt from the requirements of the tree ordinance are: a. Removal of trees posing an imminent threat or under emergency conditions; b. Commercial tree nursery and tree farm operations; c. Trees directed to be removed by municipal, county, state or fede ral authorities pursuant to law; and, d. City trees removed or pruned by utility companies as part of routine vegetation management activities, except that all removal and pruning shall be done in accordance with the arboricultural standards set forth in the tree conservation manual. 5.3. A summary of tree ordinance applicability and exemptions is included in the Tree Conservation Manual. 5.4. The applicant may apply the density-based Tree Conservation Ordinance or the canopy-based Tree Conservation Ordinance until December 3July 2July 31November 30, 202018. 6. Tree Conservation Manual 6.1. There is hereby adopted a Tree Conservation Manual that sets forth the required standards and procedures for all activities required by the tree ordinance. 6.2. The tree conservation manual may be modified by the administrator as necessary to reduce outcomes contrary to the purpose and intent of the tree ordinance. 7. Definitions City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 4 7.1. All words used in the tree ordinance shall have their customary dictionary definitions except as specifically defined herein, or in the zoning regulations if not defined herein. 7.2. The words “shall” and “must” are mandatory, and the words “may” and “should” are permissive. a. Active tree protection. The active and ongoing planning, installation and monitoring of physical measures undertaken to protect a tree during land disturbance or alteration. b. Administrator. The Director of the City of Milton Community Development Department. c. Agent, designated or authorized. An individual or entity authorized by the administrator to assist in the administration and enforcement of the tree ordinance for the city; or, an individual or other entity authorized by a property owner to conduct development, construction, or arboricultural activities on their property. d. Agricultural land use. Use of a lot zoned AG-1 that is related to active farming, livestock, or ranching, including using land as pasture , an equestrian estate or horse farm, or in the production of crops, horticultural products, the keeping of livestock, including but not limited to poultry and hoofed animals such as cattle, horses, goats and sheep, for commercial purposes and the construction and maintenance of agricultural accessory buildings. e. Applicant. A property owner or his/her authorized agent(s) applying for a tree removal, development, or right-of-way encroachment permit for a tree or property, or seeking approval for a tree canopy, tree protection, or tree planting and maintenance plan, or seeking approval for a minor subdivision plat, certificate of conceptual plan approval, final plat approval or certificate of occupancy. f. Appraised tree value. The dollar value of a tree as determined by a certified arborist using methodology set forth in the latest edition of the Guide for Plant Appraisal developed by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture (www.isa- arbor.com). g. Buffer, state waters. An area along the course of any state waters required by city, state or federal regulations to be maintained in an undisturbed and natural condition. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 5 h. Buffer, zoning. As required by the zoning ordinance, a natural undisturbed portion of a lot, except for approved access and utility crossings, which is set aside to achieve a visual barrier between the use on the lot and adjacent properties and/or uses with natural vegetation or replanting of trees and shrubs if sparsely vegetated. i. Caliper. The diameter of the trunk of tree nursery stock or a newly planted tree measured at 6 inches above the ground line for trees with calipers 4 inches and smaller, and at 12 inches above the ground line for trees with calipers greater than 4 inches. j. Certified arborist. Professional who possesses the technical competence gained through experience and related training to provide for or supervise the management of trees and other woody plants in residential, commercial and public landscapes and whose level of training is certified by the International Society of Arboriculture. k. City. The City of Milton, Georgia. l. City arborist. The agent of the City of Milton assigned by the director of the community development department with the primary responsibilities of administration and enforcement of the tree ordinance. m. Clearcutting. A method of harvesting timber that results in the removal of all trees from all or a portion of a property. n. Commercial tree nursery or commercial tree farm. A property on which trees are grown and sold as wholesale or retail nursery stock by a business licensed by the City of Milton. o. Construction zone. The first 30 feet of the improved area adjacent to and extending out from buildings and other major structures, and the first 15 feet adjacent to and extending out from driveways, parking lots, other impervious surfaces and sanitary sewer systems (septic tanks and primary drainfields). p. Critical root zone (CRZ). For a conserved tree, the ground and soil area to a depth of 24 inches within the larger of either the dripline or a circular area with a radius extending out from the trunk 1.5 feet for every 1 inch of DBH; for a tree planted within the last 3 years, the ground and soil area to a depth of 24 inches within the larger of the open soil surface area required by the tree, 1.5 feet for every 1 inch in DBH, or the area within the dripline. q. Crown. The entirety of a tree’s scaffold limbs, branches and leaves. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 6 r. DBH. The diameter at breast height (4.5 feet above the ground line) of the trunk of an existing tree, calculated by dividing the circumference of the trunk by 3.14. s. Developed property. A property on which improvements currently exist and for which a certificate of occupancy has been issued. t. Development permit. A land disturbance permit, building permit, demolition permit, minor plat approval, conceptual plan approval or other permit or approval issued by the community development department authorizing the commencement of the disturbance, alteration, improvement or development of a given tract of land. u. Dripline. The vertical line extending from the outermost edges of a tree’s branches to the ground, that forms, more or less, a circle on the ground centered on the tree’s trunk. v. Establishment period. For a newly planted tree, the time from planting until the beginning of the fourth growing season on -site. w. Existing tree. An established tree growing on-site for at least 3 complete growing seasons. x. Forested area. An area at least 50 feet wide in any one dimension and at least 2,500 square feet in total area consisting of at least 5 trees with 75 percent tree canopy cover. y. Growing season. March 1 to November 30. z. Hazardous tree. A tree that is likely to fail wholly or in part, under normal environmental conditions as determined by a certified arborist. aa. Healthy tree. A tree with a live crown ratio greater than 30 percent, less than 50 percent crown dieback, no major structural defects, a life expectancy of 15 years or greater, and free from signs or symptoms of irreversible decline, severe insect or disease infestation, severe chlorosis, or other life- threatening conditions. bb. Heritage tree(s). A tree or tree group that is designated by the administrator to be of notable community interest because of its outstanding age or size, landmark recognition or historical association. cc. Improved area. The area within 60 feet of and including the footprint of a building, pool, or other major structure, within 30 feet of and including a road, driveway, parking area, walkway, patio and other allowable impervious City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 7 surface, and within 15 feet of and including the footprint of the sanitary sewer system (septic lines, tank and primary drainfield) proposed for a lot. dd. Land disturbing activity. Any activity which may result in soil erosion from water or wind and movement of sediments into state water or onto land s within the state, including, but not limited to clearing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural practices as set forth in the City of Milton Soil Erosion and Sedimentation Control Ordinance. ee. Landscape strip. An area required by the tree ordinance, the City of Milton zoning resolution or any condition of zoning, use permit or variance approval, which is reserved for the installation and/or maintenance of plant materials. ff. Live crown ratio. The percentage of the total height of a tree that is occupied by the tree’s live crown. gg. Lot. The basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. hh. Open soil surface area. The square foot area of the ground surrounding a planted tree that is required to remain permeable and open, covered only by a layer of mulch; the size of the area required varies by the mature height class of the tree being planted. ii. Passive tree protection. The ongoing avoidance of activities harmful to a tree, as further described in the tree ordinance, within the tree protection zone. jj. Planted tree. A tree that has been planted within the last 3 years and has not yet completed 3 growing seasons on-site. kk. Planting season. December 1 to March 1. ll. Priority area. An area on a lot where tree canopy cover is considered a priority over other areas due to the functions and benefits tree cover provides in that location. mm. Priority tree. A specimen or heritage tree. nn. Property. An area of land composed of less than one lot, or of accumulations of one or more lots, or parts thereof. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 8 oo. Protected tree. Any tree growing on city property, any tree 6 inches DBH or greater growing on developed property, any tree conserved or planted to meet tree ordinance requirements, any tree 2 inches DBH or greater growing on undeveloped property, any specimen tree, and any heritage tree. pp. Remediation plan. A plan that may be required by the city arborist from a property owner or his/her authorized agent after a written notice of violation or stop work order has been issued for the property describing how the conditions of violation of the tree ordinance shall be remedied in accordance with the city arborist’s requirements and the conditions stated on the notice, order, or other pertinent documentation. qq. Scaffold limbs. The large limbs branching off from the main trunk that form the basic structure of the tree’s crown and support the remaining branches and leaves. rr. Soil compaction. A change in soil physical properties which includes an increase in soil weight per unit volume and a decrease in soil pore space caused by repeated vibrations or frequent traffic and weight that can result in physical root damage, reduced root penetration, a decrease in soil oxygen levels and an increase in toxic gases. ss. Specimen tree(s). A tree or contiguous stand of trees of special value to the community due to its quality, size, or species, and meeting general and specific criteria as set forth in the tree ordinance, as determined by the city arborist. tt. Standard tree canopy cover credit. The square feet of tree canopy cover assigned to each of the tree canopy size classes, as set forth herein and in the tree species list. uu. Street tree. A tree located within a road frontage that is conserved or planted for the purpose of providing tree canopy cover over the public street right-of-way. vv. Thinning. Selective cutting of trees for timber products with the remaining trees more or less evenly distributed across a property. ww. Timber harvesting. The felling of trees for timber products (pulpwood, sawtimber, etc.) as part of ongoing forest management practices, by thinning or clearcutting. xx. Topping. The improper practice of the severe cutting back of limbs to stubs larger than 2 inches in diameter within the tree’s crown to such a degree that City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 9 the tree canopy is removed or the crown shape typical of the species is disfigured, resulting in decay of the scaffold limbs or trunk and/or decline in main branch and sprout production. yy. Tree. A self-supporting woody perennial plant with the potential to reach a minimum DBH of 3 inches and height of 15 feet at maturity under natural conditions. zz. Tree bank. A site registered with the city on city or private property with at least 8,000 square feet of open space where growing conditions are favorable for the establishment of trees, and on which trees may be planted to satisfy tree replacement or minimum tree canopy cover requirements for another property. aaa. Tree canopy cover. The cover provided by tree crowns over the ground surface, either individually or as a group; also, a measure of the percent of a lot covered by all tree canopy, calculated by dividing the total area of tree canopy cover by the total area of the lot, and multiplying by 100. bbb. Tree canopy fund. A revenue account established by the city for receiving payments in lieu of meeting tree canopy cover requirements, donations, fees, and fines, and used by the city for the purchase, planting, and maintenance of trees on city property and community forest management activities. ccc. Tree canopy plan. A site plan showing how tree canopy cover requirements will be met on a lot, which trees will be conserved, how they will be protected, which new trees will be planted and where, and how they will be maintained. ddd. Tree canopy size, tree canopy size class. The amount of tree canopy cover a tree can be expected to provide at maturity under urban conditions, as determined by the species and categorized in the tree species list into four (4) size classes: very wide (1,600 square feet); wide (900 square feet); narrow (400 square feet); and, very narrow (150 square feet). eee. Tree canopy value. The dollar value of 100 square feet of tree canopy cover as set forth in the city’s fee schedule, and used for calculating payments into the tree canopy fund. fff. Tree conservation manual. A supplement to the tree ordinance containing standards and procedures required for tree ordinance compliance. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 10 ggg. Tree height class. The typical total height of a tree at maturity under urban conditions, as determined by the species and categorized in the tree species list into three (3) classes: large (greater than 50 feet tall); medium (25 to 50 feet tall); and, small (less than 25 feet tall). hhh. Tree ordinance. Chapter 60 – Vegetation of the City of Milton municipal code of ordinances. iii. Tree protection zone (TPZ). The tree protection zone includes the critical root zone of a tree, the tree’s trunk and the entirety of the tree’s crown. jjj. Tree removal permit. A permit required before a protected tree can be removed, destroyed or irreparably damaged. kkk. Tree species list. The City of Milton Tree Species List, which is located in the tree conservation manual and contains the tree species approved, and not approved, for conservation and planting to satisfy tree replacement or tree canopy cover requirements. lll. Undeveloped property. A lot on which no improvements currently exist and for which no certificate of occupancy has been issued. mmm. Unhealthy tree. A tree with major structural defects, a live crown ratio less than 30 percent or 50 percent or more crown dieback, or a tree exhibiting signs or symptoms of irreversible decline, severe mistletoe infection, severe insect or disease infestation that cannot be practically controlled, or severe chlorosis, as determined by a certified arborist. 8. Protected Trees 8.1. There is hereby established a category of trees that shall be known as protected trees as defined herein. 8.2. Protected trees shall only be removed after the issuance of a tree removal permit or approval of a tree canopy plan. 8.3. Protected trees shall be passively protected throughout their lives as set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 11 9. Specimen Trees 9.1. A tree or tree stand shall be considered specimen if, as determined by the city arborist, it meets all the general criteria and at least one of the specific criteria as set forth herein. 9.2. An individual specimen tree must meet all the following general criteria: a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist; b. Crown size and shape typical of the species without significant dieback or disfiguration; c. Relatively sound and solid trunk with no more than one-quarter of the trunk circumference affected by wounds, cankers, decay or cavities, and with a column of decay in the center of the trunk encompassing no more than two - thirds of the trunk area; d. No major insect or disease problems; and, e. Free from severe mistletoe infestation causing irreversible tree decline. 9.3. An individual specimen tree must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. Hardwood and softwood trees, except for pine species (Pinus spp.) with a minimum DBH of 24 inches for a tree in the large height class, 18 inches for a tree in the medium height class, and a minimum DBH of 8 inches for a tree in the small height class; b. Pine trees (Pinus spp.) with a minimum DBH of 27 inches; c. Rare or unusual species, shape or form; or, d. A tree specifically used by a builder, developer or design professional as a focal point in the landscape. 9.4. A specimen tree stand must be primarily composed of healthy trees, with no major insect or disease problems within the stand and must meet at least one of the following specific criteria: a. A relatively mature, even-aged stand; b. A stand with purity of species composition or of a rare or unusual nature; c. A stand of historical significance; d. A stand with exceptional aesthetic quality; or, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 12 e. A stand on a lot which is otherwise devoid of trees. 9.5. The city arborist shall make the determination of whether a tree or tree stand meets the criteria for specimen tree designation. 9.6. If removal of a specimen tree is approved, replacement requirements shall be as set forth in Section 25 of the tree ordinance. 9.7. When development is proposed for a lot, individual and stands of specimen trees shall be identified during the site survey process and documented on the tree canopy plan. 9.8. Special consideration shall be made to work around specimen trees and protect them. 9.9. Cost effective options for site, building, utility placement and hardscape and landscape designs that successfully conserve specimen trees are strongly encouraged. 9.10. All specimen trees successfully conserved and protected to meet tree canopy cover requirements shall be given 10 percent additional tree canopy cover credit over the actual or standard credit. 10. Heritage Trees 10.1. A tree or tree group shall be designated as heritage if it meets the criteria set forth herein, as determined by the administrator. 10.2. The administrator shall review heritage tree nominations and shall have the authority to designate trees as heritage. 10.3. Trees may be nominated for heritage tree status by either the tree owner or the city arborist by submitting a heritage tree nomination form to the community development department. 10.4. Within 15 business days after the submittal of a completed nomination form by a property owner to the community development department, the city arborist shall provide the administrator with a recommendation on whether the nominated tree or tree group should be designated as heritage. 10.5. For a tree or tree group to be designated as heritage, it must meet all the general criteria and at least one of the specific criteria set forth herein and as determined by the administrator. 10.6. A heritage tree or tree group must meet all the following general criteria: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 13 a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist. b. Crown size and shape typical of the species without significant defects, dieback or disfiguration. c. Relatively sound and solid trunk with no more than one-quarter of the trunk circumference affected by wounds, cankers, decay or cavities, and with a column of decay in the center of the trunk encompassing no more than two- thirds of the trunk area. d. No major insect or disease problems. e. Free from severe mistletoe infestation causing irreversible tree decline. 10.7. A heritage tree or tree group must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. State or county champion tree, as determined by the Georgia Forestry Commission (www.gfc.state.ga), or a tree that scores within 10 percent of the total score of a state or county champion tree of the same species using the scoring system described by the Georgia Forestry Commission. b. Documented age greater than 75 years old. c. An established and familiar feature or integral part of the community and its heritage and is recognized as such by the administrator. d. Designated by the Georgia Urban Forest Council (www.gufc.org) as a Landmark or Historic Tree. e. Documented historical significance. 10.8. When a tree removal permit application is submitted for a potential heritage tree or tree group, the city arborist shall inform the tree owner that the tree or tree group meets the criteria and will be nominated for heritage tree status before the tree removal permit is issued. 10.9. Only those trees listed on a tree removal permit application shall be eligible for heritage tree nomination by the city arborist. 10.1. Prior to the approval of a tree canopy plan for a lot that includes the proposed conservation or removal of a heritage tree or tree group, the city arborist shall inform the applicant that one or more trees on the lot meets heritage tree criteria and will be nominated for heritage tree status before the tree canopy plan is approved. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 14 10.2. Special consideration shall be made to work around heritage trees and protect them. 10.3. When development is proposed for a lot, heritage trees shall be identified during the site survey process and documented on the tree canopy plan. 10.4. Cost effective options for building, site, hardscape and landscape designs and utility placement that successfully conserve heritage trees are strongly encouraged. 10.5. The city arborist shall maintain a current list of designated heritage trees. 10.6. Heritage tree locations shall be recorded on the city’s GIS system. 10.7. All heritage trees successfully conserved and protected to meet tree canopy cover requirements shall be given 20 percent additional tree canopy cover credit over the actual or standard credit. 11. City of Milton Tree Species List 11.1. There is hereby adopted a City of Milton Tree Species List as set forth in the tree conservation manual that shall include species approved for conservation and planting to meet tree canopy cover requirements or replacement tree planting requirements. 11.2. The tree species list shall also include species not approved for tree conservation or planting to meet requirements that are invasive, have brittle or weak wood, poor structure or large thorns, are pest susceptible or are not well -suited to regional growing conditions. 11.3. Trees planted to satisfy tree canopy cover and tree replacement requirements of the tree ordinance shall be selected from the City of Milton Tree Species List. 11.4. A species of tree not on the City of Milton Tree Species List, or not approved for planting in a specific location, may be approved for planting by the city arborist if the species: a. Has a reasonable chance of success in the landscape; b. Is recommended by a certified arborist; c. Is not proposed for planting in large quantities; and, d. Has growth or habit characteristics that fit a specific need for the location. 11.5. Tree species not listed or approved by the city arborist for tree conservation or planting for the purpose of meeting tree canopy cover requirements shall not be eligible for tree canopy cover credit. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 15 12. City Tree Management 12.1. The city shall have the right to manage city trees, including planting, maintaining, pruning and removing trees within the rights-of-way of all city streets, roads, and highways, in parks, around city facilities, and on other city property as may be deemed necessary or desirable to achieve community forest goals. 12.2. It shall be unlawful and a violation of the tree ordinance to damage, destroy or remove any city tree, or engage in any prohibited activity listed in the tree protection standards within the critical root zone of a city tree, without a tree removal permit, right-of-way encroachment permit, or prior approval of the city arborist. 12.3. A tree protection plan submitted by the applicant and approved by the city arborist and a right-of-way encroachment permit issued by the department of public works shall be required prior to the commencement of any activity that is proposed on city property within the critical root zone of a city trees. 13. Hazardous Trees on Private Property 13.1. The city shall provide a written notice to the owner of any tree on private property that is in a hazardous condition and threatens public health, safety and welfare. 13.2. The written notice shall state the type of risk, the mitigation required and the time within which the mitigation shall occur. 13.3. Should the property owner fail to mitigate the risk within the stated time, the city may cause to have the risk mitigated and require the property owner to reimburse the city for the cost of such mitigation. 14. Variances 14.1. A person requesting a variance from the provisions of the tree ordinance shall do so in writing to the director of the community development department . 14.2. All variance requests shall be accompanied by a completed variance request application, a tree canopy plan or other documentation requested by the city arborist and a non-refundable filing fee in the amount set forth in the city’s current fee schedule. 14.3. The city arborist shall provide a recommendation on whether to approve the variance request to the board of zoning appeals. 14.4. The board of zoning appeals shall review the city arborist’s recommendation and decide on whether to approve the variance request. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 16 14.5. The board of zoning appeals may approve a variance to any provision of the tree ordinance where the unique natural features of the lot are such that application of these regulations would create an undue hardship to the property owner, and in other instances where an undue hardship is created for the property owner . 14.6. The following factors shall be considered in evaluating the variance request: a. Whether a literal enforcement of the tree ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; b. Whether the situation causing the undue hardship or practical difficulty is unique to the affected lot and is not self-imposed; c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the variance will injure or be wholly compatible with the use and future or existing development of adjacent properties; e. Whether the increased development costs caused by conserving the tree create an undue hardship on the development of the lot; f. Whether there is any identified adverse effect of the alteration or conservation on erosion, soil moisture retention, flow of surface water, and drainage systems; g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non-residential uses. h. The costs versus the benefits of relocating required utility service infrastructure and easements based on the conservation or alteration of protected trees; i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects public health, safety and welfare; k. Whether the granting of the variance will be in harmony with the purpose and intent of the tree ordinance to the greatest degree reasonably possible. 15. Appeals 15.1. Any person aggrieved or adversely affected by any decision of the city arborist relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the director of the community development department for relief or reconsideration. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 17 15.2. Any person aggrieved or adversely affected by any decision of the director of the community development department relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the board of zoning appeals through the director of the community development department. 15.3. Appeals shall only be granted for errors of interpretation. 16. Inspections 16.1. The administrator or his/her agent(s) shall have the authority to conduct inspections as required by the tree ordinance, and periodically or as deemed necessary to monitor land disturbing activities, tree removal activities, or other permitted or non-permitted activities for compliance with the tree ordinance. 16.2. No person shall refuse entry or access to any authorized agent(s) of the city who requests entry for the purpose of inspection and who presents appropriate identification, nor shall any person obstruct, hamper or interfere with any such agent while in the process of carrying out his/her official duties. 16.3. The city arborist shall be the primary individual responsible for conducting site inspections and, at a minimum, shall make the following inspections: a. Prior to approval of a tree removal permit, right-of-way encroachment permit, tree canopy plan, tree protection plan, or tree planting and maintenance plan and prior to making a recommendation to the Planning Commission on a tree ordinance variance request for the purpose of assessing site and tree conditions; b. After permit or plan approval and after installation of tree protection measures required and before any land disturbance or right-of-way encroachment occurs to assess compliance with tree protection requirements; c. Prior to the issuance of a certificate of occupancy or final plat approval to assess compliance with the tree canopy plan and all tree ordinance requirements; and, d. One (1) and three (3) years after project completion and issuance of a certificate of occupancy or final plat approval to assess tree health and survival on properties with an approved tree canopy plan. 16.4. Additional site inspections may take place at any time before, during and/or after project completion to monitor compliance with applicable tree ordinance requirements. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 18 16.5. The city arborist shall document each inspection on a site inspection form. 16.6. The city arborist may also monitor tree canopy cover on a lot using the city’s geographic information system and current aerial photography for assessing ongoing compliance with tree canopy cover requirements, and shall maintain a record of such measurements. 17. Enforcement 17.1. It shall be the duty of the administrator and his/her agent(s) to enforce the tree ordinance. 17.2. The administrator or his/her agent(s) shall have the authority to modify, revoke, suspend, or void any development permit, right-of-way encroachment permit or tree removal permit and suspend all work on a property or any portion thereof if a violation occurs until it is determined that the property is in full compliance with the tree ordinance. 18. Notice of Violation 18.1. If, through inspection, it is determined that an applicant , his/her authorized agent(s), or other person or company has engaged in land disturbing or other prohibited activities which have resulted in the damage or removal of trees without a required permit or approval, or failed to comply with the terms and conditions of an approved tree removal permit or tree canopy plan, or is otherwise responsible for a violation of the tree ordinance, then a written notice of violation may be served upon the applicant, his/her authorized agent(s), and/or other person or company responsible for the land disturbance or prohibited activity. 18.2. The notice shall set forth the measures necessary to correct the violation and achieve compliance and shall state the time frame within which such measures must be completed. 18.3. If the applicant, his/her authorized agent(s), or the person or company otherwise responsible for the violation fails to correct the violation or comply with tree ordinance requirements within the time frame specified on the notice of violation, he/she shall be subject to a citation and may be subject to a stop work order, fines, and penalties pursuant to sections 19 and 20 of the tree ordinance. 18.4. Reinspection to assess compliance after a violation shall require a separate re- inspection fee as set forth in the city’s fee schedule. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 19 19. Stop Work Order 19.1. The administrator may require that work on any project that is in violation of the tree ordinance be immediately stopped to avoid further damage and until such time that the violation has been remedied to the satisfaction of the city arborist. 19.2. The issuance of a written or verbal notice of violation is not required prior to or in conjunction with the stop work order if the city arborist or city inspector determines that work must be stopped immediately to avoid further damage. 19.3. The stop work order shall: a. Be in writing; b. State specific violations; c. Be given to the applicant, property owner, the authorized agent(s) of either, or the person performing or responsible for the activity resulting in the violation; d. State the conditions under which work may be resumed; and, e. Allow only erosion control work to continue while the stop work order is in effect. 19.4. Where an emergency exists, a verbal order to stop work by the administrator or his/her agent(s) shall be given, with issuance of a written order required within 24 hours. 19.5. The city arborist may require that a revised tree canopy plan or separate remediation plan be submitted for approval before remediation or any other work commences on-site. 19.6. The following violations shall result in issuance of an emergency, verbal stop work order: a. Land disturbing or tree removal within state water buffer or zoning buffer; b. Land disturbance within the critical root zone of protected trees or removal of trees designated for conservation on an approved tree canopy plan; c. Non-permitted protected tree removal, land disturbance, or prohibited activities within the critical root zone of a specimen or heritage tree; or, d. Improper installation or maintenance of required tree protection measures. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 20 20. Fines and Penalties 20.1. Fines and penalties shall be assessed for citations, according to the following criteria: a. Any person who violates any provisions of the tree ordinance may be fined up to $1,000 per tree; b. Each calendar day a violation exists shall be considered a separate offense; c. There are no maximum limitations to the accrual of fines; d. In the event a city tree is damaged or destroyed, the person responsible may be required to reimburse the city for the appraised tree value; e. The replacement of trees and additional tree canopy cover may be required in addition to other fines or penalties imposed; f. Offenses shall be tried in Milton Municipal Court; g. Each owner of property wherein a violation exists, or each owner of a boundary tree, shall be jointly responsible for said violation; and, h. Fines received for violations to the tree ordinance shall be deposited into the tree canopy fund. ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY 21. Tree Canopy Management 21.1. On developed properties, tree canopy cover shall be managed through establishing tree canopy priorities, tree canopy cover requirements and tree removal permitting and replacement requirements. 22. Tree Canopy Priorities 22.1. Priority areas on developed properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages; c. Turf areas; d. Required yards; e. Landscape strips and landscape islands; and, f. Buffers. 22.2. Priority trees for conservation shall be specimen and heritage trees. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 21 23. Tree Canopy Cover Requirements 23.1. The minimum amount of tree canopy cover required on a developed lot, in the absence of further development, shall be the amount existing as of the date of adoption of the tree ordinance. 23.2. When an application for a land disturbance, building or demolition permit for additional improvements to a developed lot that will affect, in any way, the existing tree canopy cover on the lot, or when an application for minor plat approval or conceptual plan approval is submitted for a lot previously developed, the amount of tree canopy cover required shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance, and a tree canopy plan shall be required. 24. Tree Removal Permit 24.1. On a developed lot that is not undergoing further development or improvement, a tree removal permit is required prior to the removal of any protected tree or before any protected tree is irreparably damaged or destroyed, resulting in the need for its removal. 24.2. The removal of a protected tree without a tree removal permit shall constitute a violation of the tree ordinance and may result in a citation and fine for the tree owner and any person involved in cutting, removing or damaging the tree. 24.3. Application for a tree removal permit shall be made by the tree owner or his/her authorized agent, to the community development department. 24.4. A tree removal permit shall not be required for the removal of city trees by the city or its authorized agent(s). 24.5. A tree removal permit is not required to remove a tree causing imminent threat to people, property or public health, safety and welfare or under emergency conditions. 24.6. A tree removal permit is required for the removal of a dead, unhealthy or invasive tree. 24.7. A tree removal permit application fee shall be required, except for an application for the removal of a dead, unhealthy or invasive tree. 24.8. The city arborist shall make a site visit to inspect the trees proposed for removal within 10 days of the date of application and prior to approving or denying the tree removal permit application to: a. Verify the information contained in the application; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 22 b. Verify the amount of tree canopy cover proposed for removal; c. Determine replacement requirements; and, d. Evaluate other conditions on the lot that may affect the city arborist’s decision to approve or deny the tree removal permit application. 24.9. A tree removal permit shall be approved if one or more of the following conditions are met, as determined by the city arborist, or a written report from a certified arborist: a. Tree is dead, unhealthy, or invasive; b. Tree is in irreversible decline or at the end of its normal life span; c. Tree is infested with an insect or disease that has compromised the tree’s health and survival, or may harbor an insect or disease organism that threatens surrounding trees; d. Tree is at risk for whole or partial tree failure; e. An unresolvable conflict exists between the tree and overhead utility lines, underground utility lines, utility infrastructure, sidewalks, walkways, other paved surfaces, or an existing structure; f. Removal of the tree is necessary for sight, traffic, pedestrian, vehicle, traffic sign, or other safety-related clearance; g. Trunk wounds with decay exist that cover greater than 25 percent of the circumference of the trunk; h. Trunk cavity or central column of decay exists that is greater than two-thirds the diameter of the trunk at the point of the cavity; i. Structural defects exist in the scaffold limbs, where defect correction through pruning will result in removal of 50 percent or greater of the tree’s crown; j. Litter originating from the tree creates an unsafe condition or poses a hazard to public health, safety and welfare; or, k. Tree is located such that a desired use on a lot (construction, installation, or expansion of a building, pool, garden, or other site amenities) is not possible without the removal of the tree, except that every effort shall be made to place such structures or amenities where tree removal will not be required. 24.10. A tree removal permit may be approved under other unique conditions or extenuating circumstances by the city arborist. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 23 24.11. Conditions under which protected tree removal is not permitted include but are not limited to: a. Removal of trees in excess of the number of trees necessary for the reasons stated on the permit application; b. Tree health or structural issues have not been confirmed by the city arborist or a certified arborist; c. Tree removal is proposed for the purpose of sign installation, clearance or visibility, excluding traffic, directional, warning or information signs owned by any public or semi-public agency; d. For unwanted production of a normal amount of leaves, fruit, or other organic litter that does not create an unsafe condition or that is not a hazard to public health, safety and welfare; e. To reduce the amount of native tree canopy cover on the lot to install formal, non-native landscaping; f. To substantially increase the amount of turf on the lot without a specific purpose; and, g. To substantially increase the amount of impervious surface on the lot through paving, building construction, or other such impervious feature without an approved tree canopy plan. 24.12. The city arborist will take into consideration the amount of tree canopy cover existing on the lot at the time of application for a tree removal permit, the total square feet of tree canopy cover proposed for removal, and the number of tree removal permits approved for the lot within the last five (5) years. 24.13. When trees are removed on a lot without a tree removal permit under imminent threat or emergency conditions, the owner of such trees shall provide an oral or electronic notice via telephone, text or e-mail to the city arborist prior to or immediately after the removal. 24.14. Should the city arborist determine that an imminent threat or emergency removal was not warranted, an after-the-fact permit and fee shall be required in addition to replacement tree planting pursuant to Section 25 of the tree ordinance. 24.15. Replacement of the tree canopy removed, whether permitted or not permitted, shall be required pursuant to Section 25. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 24 25. Tree Canopy Replacement 25.1. The square feet of tree canopy cover provided by a protected tree that is approved for removal on a lot shall be replaced if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 25.2. The square feet of tree canopy cover provided by a protected tree that is topped on a developed commercial or non-residential lot shall be replaced on the lot regardless of whether the lot has the minimum tree canopy cover listed in Table 1. 25.3. Tree canopy replacement shall not be required after the approved removal of a dead, unhealthy, or invasive tree, a tree posing an imminent threat, or a tree removed under emergency conditions. 25.4. Tree canopy replacement shall not be required after the approved removal of trees on a AG-1 zoned lot greater than 3 acres that is intended for agricultural land use or use as an equestrian estate or horse farm as follows: a. A waiver of minimum tree canopy cover requirements shall be assigned to the lot if requested in writing by the property owner. b. If the lot is not used for agricultural use, an equestrian estate, or horse farm within 2 years after the approved removal of trees for such use then the waiver shall become invalid and the minimum tree canopy cover listed in Table 1 shall be required on the lot within 1 year after the issuance of a written notice of non-compliance by the city. c. Upon application for a development permit on a lot with a waiver of minimum tree canopy cover requirements: 25.4.c.1. The waiver shall become invalid; 25.4.c.2. Tree canopy cover requirements shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance; 25.4.c.3. A tree canopy plan shall be required showing how tree canopy cover requirements will be met on the lot; and, 25.4.c.4. No development permits shall be issued until a tree canopy plan is approved by the city arborist for the lot. 25.5. For specimen tree replacement, the square feet of tree canopy cover approved for removal, plus an additional 20 percent, shall be replaced on the lot if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 25 25.6. For heritage tree replacement, the square feet of tree canopy cover approved for removal, plus an additional 40 percent, shall be replaced on the lot if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 25.7. Protected trees approved for removal because they have excessive or hazardous litter or noxious fruiting habits, including specimen or heritage trees, shall require replacement of no more than one-half of the tree canopy cover approved for removal. 25.8. Replacement trees shall be a minimum of 2-inch caliper for non-specimen and non-heritage protected trees and 4-inch caliper for specimen or heritage trees at the time of planting. 25.9. When a protected tree is removed without a tree removal permit, two (2) times the standard tree canopy cover credit for the species for non-specimen and non- heritage protected trees, and four (4) times the canopy removed or standard tree canopy cover credit, whichever is greater, for specimen trees and eight (8) times the canopy removed or standard tree canopy cover credit, whichever is greater, for heritage trees, shall be replaced on the lot with 4-inch caliper trees regardless of whether the lot meets minimum tree canopy cover requirements. 25.10. For specimen and heritage tree removal and replacement on commercial and non-residential properties, an approved tree planting and maintenance plan as described in Section 27 shall be required prior to the approval of a tree removal permit. 25.11. A tree planting and maintenance plan shall be required for replacement of specimen and heritage trees on developed commercial and non-residential properties; the plan shall be drawn to scale and include the following: a. Location of lot boundaries; b. Trunk location, species, DBH, and actual tree canopy cover of specimen and heritage trees proposed for removal; c. Trunk location, species, caliper, and tree canopy cover credit for replacement trees proposed for planting; d. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of proposed pruning, timing of removal of staking, and timing of inspections; and, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 26 e. Contact information for the person responsible for monitoring compliance with the tree planting and maintenance plan. 25.12. All planting and maintenance activities for required replacement trees shall be completed in accordance with the standards set forth in the tree conservation manual. 25.13. Alternative compliance for tree replacement, as further described herein, may be recommended by the city arborist and approved by the administrator. 25.14. Replacement trees shall be passively protected throughout their lives. ARTICLE III. TREE CANOPY ON UNDEVELOPED PROPERTY 26. Tree Canopy Management 26.1. On undeveloped properties, tree canopy cover shall be managed through tree canopy cover requirements, and tree conservation and planting to meet those requirements. 27. Tree Canopy Priorities 27.1. Priority areas on undeveloped properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages: c. Parking lots; d. Landscape strips and landscape islands; and, e. Buffers. 27.2. Priority trees for conservation shall be specimen and heritage trees. 28. Tree Canopy Plan 28.1. An approved tree canopy plan shall be required as a condition of approval of any land disturbance, building, or demolition permit, minor subdivision plat or conceptual subdivision plan. 28.2. An approved tree canopy plan shall serve as an approved tree removal permit for the purposes of land development. 28.3. The tree canopy plan shall be certified by a certified arborist, registered forester or registered landscape architect. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 27 28.4. The tree canopy plan shall include a site survey, a tree protection plan for existing trees that will remain on a lot and a tree planting and maintenance plan for trees to be planted on the lot to meet tree canopy cover requirements, and shall include the following: a. A table summarizing how tree canopy requirements will be met with conserved and planted trees; b. Surveyed trunk location, DBH, species of all individually growing trees on the lot, with specimen and heritage trees identified; c. Location of tree groups and forested areas with description of primary species and average DBH; d. Trunk location, species, DBH, location of the critical root zone and square feet of tree canopy cover of individual trees proposed for conservation; e. Trunk location, species, and caliper of all trees proposed for planting; f. Outline of the improved area and construction zone; g. Location of all existing and proposed improvements, including buildings, driveways, walkways, other structures and impervious surfaces, and sanitary sewer systems; h. planting, staking and mulching; i. Location and type of all existing and proposed utilities; j. Location of storage and parking areas for soil, construction materials, personal vehicles and construction equipment; k. Location of equipment washout rea and equipment maintenance area outside of all tree protection zones and tree planting areas. l. Location of ingress and egress points and access roads for vehicles and construction equipment; m. Grade changes, areas of excavation and fill, location of retaining walls, and other changes to the existing grade that may affect the critical root zones of trees proposed for conservation; and, n. Name and contact information of property owner and primary authorized agent(s) responsible for tree canopy plan compliance. 28.5. The site survey shall be certified by a registered surveyor. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 28 28.6. A tree protection plan shall be required as part of the tree canopy plan when trees are proposed for conservation to meet tree canopy cover requirements and may be a separate plan or a part of the tree canopy plan. 28.7. A tree protection plan shall be required with an application for a right-of-way encroachment permit either related, or unrelated, to development, for any activity on city or private property that will encroach on the critical root zone of a city tree. 28.8. The tree protection plan shall be certified by a certified arborist or registered forester. 28.9. The city arborist shall be responsible for reviewing all tree protection plans and shall determine whether the tree protection plan complies with all applicable tree ordinance requirements. 28.10. For tree protection plans required for right-of-way encroachment permit applications, a tree protection plan review fee shall be required at the time of application in an amount set forth in the city’s fee schedule. 28.11. The tree protection plan shall include the following: a. Map of the lot delineating where disturbance activity will occur; b. Trunk location, species, and DBH of trees to be protected; c. Location of the limits of the critical root zones and tree protection fencing; d. Notations of all methods of tree protection to be used with descriptions of materials to be used; e. Illustrations and construction details for tree protection zone and tree protection fencing; f. Sign and text size, color, composition, and text of signage to be used in identifying the area as a tree protection zone; and, g. Name and contact information for the person responsible for monitoring and maintaining tree protection measures during construction. 28.12. A tree planting and maintenance plan shall be required as part of the tree canopy plan when trees are proposed for planting on a lot to meet tree canopy cover requirements, and for the planting of replacement trees for specimen and heritage trees approved for removal on developed commercial and non- residential properties. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 29 28.13. The tree planting and maintenance plan shall be certified by a certified arborist, registered forester, or registered landscape architect. 28.14. The city arborist shall be responsible for reviewing all tree planting and maintenance plans and shall determine whether the plan complies with all applicable tree ordinance requirements. 28.15. The tree planting and maintenance plan required with the tree canopy plan shall be drawn to scale and shall include the following: a. Location of lot boundaries. b. Trunk location, species, caliper of all trees proposed for planting on the lot to meet tree canopy cover requirements; c. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of proposed pruning, timing of removal of staking, and timing of inspections; and, d. Contact information for person responsible for monitoring compliance with the tree planting and maintenance plan. 28.16. The tree canopy plan, site survey, tree protection plan, and tree planting and maintenance plan may be combined onto a single plan if all required information can be clearly depicted 28.17. The city arborist shall be responsible for reviewing all tree canopy plans and shall decide whether the tree canopy plan shall be approved, denied, or approved with changes. 28.18. A tree canopy plan review application fee shall be required at the time of plan submittal in an amount set forth in the city’s fee schedule. 28.19. No tree damage or removal, or land disturbance shall take place on an undeveloped lot without an approved tree canopy plan showing how tree canopy cover requirements will be met. 28.20. Conformance with all aspects of an approved tree canopy plan, as determined by the city arborist, shall be required prior to the issuance of a certificate of occupancy or final plat approval. 28.21. All tree protection, planting and maintenance activities shall be completed in accordance with the standards set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 30 29. Tree Canopy Cover Requirements 29.1. Tree canopy cover shall be required on all undeveloped properties as a condition of development. 29.2. The amount of tree canopy cover required on a lot as a condition of development shall be the amount currently existing outside of the improved area and within the lot boundaries, or the minimum amount set forth in Table 1, whichever is greater, and shall include trees in required locations as described in Section 29. 29.3. The minimum amount of tree canopy cover required shall be based on the zoning district, and lot size for residential properties, and shall be as set forth in Table 1. Table 1. Minimum Tree Canopy Cover Required Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area AG-1 60% C-1 50% CBS 50% CS 50% CUP 60% H 30% MHP 60% MIX 40% NUP 60% O-I 40% R-1 60% R-2 60% R-2A 60% R-3 50% R-3A 50% R-4 50% R-4A 50% R5 40% R-5A 40% R-6 40% Suburban A 50% T2 60% T3 50% T4 30% City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 31 Table 1. Minimum Tree Canopy Cover Required Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area T4 - Open 30% T4P 30% T4R 30% T5 10% T5R 10% T6 10% TR 30% Residential lots less than 1 acre, regardless of zoning district 40% Residential lots less than 1/3 acre, regardless of zoning district 20% Residential lots greater than 1.5 acres with documented agricultural land use 0% Residential lots greater than 1.5 acres with 25 percent or less tree canopy cover for 10 years prior to development ½ tree canopy cover requirement for the zoning district Residential lots 5 acres and greater with greater than 25 percent tree canopy cover and less than 15 percent impervious surface cover The requirement for the zoning district less 5 percent Residential lots 5 acres and greater with greater than 25 percent tree canopy cover and less than 10 percent impervious surface cover The requirement for the zoning district less 10 percent 29.4. In subdivision developments, tree canopy cover requirements shall apply to both the entire development and to each lot within the development. 29.5. Residential lots that are greater than 1.5 acre and have had 25 percent tree canopy cover or less for at least 10 years prior to development shall have their minimum tree canopy cover requirement reduced by one-half, except that trees shall still be required in rural viewsheds, road frontages, parking lots, landscape strips and buffers as required by the tree ordinance and the zoning regulations. 29.6. Residential lots that are 5 acres or greater in size with greater than 25 percent tree canopy cover shall have their minimum tree canopy cover requirement reduced by 5 percent (for example, a requirement of 60 percent becomes 55 percent) if they also have less than 15 percent total impervious surface on the City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 32 lot, or by 10 percent (i.e., a requirement of 60 percent becomes 50 percent) if they also have less than 10 percent total impervious surface on the lot. 29.7. Residential lots that are greater than 3 acre shall be exempt from minimum tree canopy cover requirements if the proposed use is for an equestrian estate, horse farm or other agricultural land use, except that trees shall still be required in rural viewsheds, road frontages, parking lots, landscape strips and buffers as required by the tree ordinance and the zoning regulations. In such cases, a waiver of minimum tree canopy cover requirements shall be assigned to the lot. If the property is not used for agricultural use, an equestrian estate, or horse farm for any 2-year period after the issuance of a certificate of occupancy, then the waiver shall become invalid and the minimum tree canopy cover listed in Table 1 shall be established on the lot within 1 year after issuance of a written notice of non-compliance by the city. 29.8. Recompense for specimen trees approved for removal within the improved area shall be required at 120 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements. 29.9. Recompense for heritage trees approved for removal within the improved area shall be required at 140 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements. 29.10. Trees shall be conserved for tree canopy cover credit in accordance with the requirements that follow. a. All healthy trees outside of the improved area shall be conserved and protected from damage during construction. b. Trees outside of the construction zone, but within the remaining improved area, may be conserved for tree canopy cover credit if they can be successfully protected from damage during construction as determined by the city arborist. c. Trees shall be conserved to the greatest extent possible in priority areas to meet tree canopy cover requirements. d. Regardless of whether the lot meets minimum tree canopy cover requirements, trees shall be required, either conserved or planted, in rural viewsheds, road frontages, parking lots, landscape islands, landscape strips and buffers as set forth in the zoning regulations and Section 29 of the tree ordinance. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 33 e. Existing trees 2 inches DBH and greater, except for invasive species listed on the tree species list or otherwise known to be invasive, shall be eligible for tree canopy cover credit. f. Every effort should be made to conserve trees, especially pine trees, in groups or stands as the conservation of a single or few t rees previously growing within a stand will predispose such trees to windthrow. g. Individual trees without overlapping crowns shall be given their actual tree canopy cover or the standard tree canopy cover credit for the species. h. Groups of 4 or less trees with overlapping crowns and less than 2,500 square feet of tree canopy cover shall be given the actual tree canopy cover credit for the group as a whole. i. Forested areas shall be given the actual tree canopy cover credit for the forested area as a whole. j. Individual trees within forested areas shall not individually or separately be given tree canopy cover credit. k. Forested areas shall remain in an undisturbed condition and turf, mowing, removal of the natural leaf litter, and clearing of underbrush other than invasive plants are prohibited within the limits of the forested area. l. No tree maintenance shall be required in forested areas, except for that necessary to maintain a healthy stand of trees. m. Forested areas dominated by non-native, invasive, and/or exotic plant species (kudzu, for example) shall not be eligible for tree canopy cover credit. n. A tree removal permit is required to remove a protected tree within a forested area. o. Trees conserved to meet tree canopy cover requirements shall be actively protected during construction and passively protected at all times. p. On commercial and other non-residential properties, specimen and heritage trees that have been conserved to satisfy tree canopy cover requirements shall be passively protected throughout their lives. q. Tree canopy cover credit shall be assigned to conserved individual trees and groups of trees as further set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 34 29.11. Tree Planting for Canopy Credit a. When tree conservation alone cannot satisfy the tree canopy cover and location requirements, the planting of additional trees shall be required. b. A standard amount of tree canopy cover credit shall be assigned to a planted tree based on its species and tree canopy size class as set forth in the tree species list located in the tree conservation manual. c. Trees planted to meet tree canopy cover requirements shall be passively protected at all times. 30. Required Tree Locations 30.1. Rural Viewsheds a. Where rural viewsheds are required in accordance with zoning regulations, the entire area encompassed by the rural viewshed shall be eligibl e for tree canopy cover credit. b. For minor subdivisions and individual undeveloped residential properties, the conservation of trees in a rural viewshed shall be eligible for a bonus of 20 percent additional square feet of tree canopy cover credit. For example, if the rural viewshed has 3,000 square feet of actual tree canopy cover, a bonus of 600 square feet will be added as a bonus for a total credit of 3,600 square feet. c. Individual conserved or planted trees within rural viewsheds shall not be given tree canopy cover credit individually or separately. d. No disturbance of the vegetation, including herbaceous plants, shrubs or vines, is allowed within forested areas conserved for rural viewsheds, except for the removal of Chinese privet (Ligustrum sinense), kudzu (Pueraria montana var. lobata), or English ivy (Hedera helix) and other invasive species with city arborist approval. e. Trees shall be planted at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist if the design meets the purpose and intent of the tree ordinance. 30.2. Road Frontages a. In all new developments, a minimum of 1 street tree per 30 linear feet shall be required along road frontages on private property to provide tree canopy over paved streets, sidewalks, and trails. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 35 b. Street tree requirements may be met with either conserved or planted trees. c. For planted street trees, the amount of available growing space above and below ground shall dictate which tree species may be planted as set forth in the tree conservation manual. d. Trees of the largest mature height and widest tree canopy size classes that match the available growing space within the road frontage shall be planted. e. Street trees shall be planted at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist if the design meets the purpose and intent of the tree ordinance. f. Street trees may be planted on the city street right-of-way if adequate growing space does not exist within the private property road frontage, but does exist within the city street right-of-way, if approved by both the city arborist and public works director. 30.3. Parking Lots a. Parking lot landscaping shall conform to requirements in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64- 238 – Parking lot landscaping, and to the requirements set forth herein. Where differences between the provisions exist, the more restrictive provisions shall prevail. b. All parking lots shall be required to have a minimum of 60 percent tree canopy cover. c. Trees shall be evenly distributed throughout the parking lot to maximize tree functions and benefits. d. There shall be a minimum of one (1) very wide or wide canopy tree for every 6 parking spaces. e. Trees in the very narrow tree canopy size class shall not be eligible for tree canopy cover credit in parking lots. f. At least 75 percent of the trees planted to meet parking lot tree canopy requirements shall be trees in the very wide or wide tree canopy size classes. g. No parking space shall be greater than 60 feet from the trunk of a tree. h. All trees planted within parking areas or otherwise surrounded by pavement shall have a minimum amount of open soil surface and rooting area in accordance with the standards set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 36 i. In parking lots and other paved areas where expanded rooting and water infiltration areas are created with permeable pavement, structural soils or suspended pavement, the minimum open soil surface area may be reduced up to 50 percent if permeable pavement is used or up to 30 percent if structural soils or suspended pavement are used. j. Light poles and trees shall not share parking lot landscape islands to eliminate the need for severe pruning of tree crowns as they mature. k. Stormwater runoff into parking lot landscape islands may be permitted upon approval by the city arborist if the design meets the intent and purpose of the tree ordinance. 30.4. Landscape Strips a. Landscape strips shall be required as set forth in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64-237 – Minimum landscape strips and buffers, zoning regulations and the requirements set forth herein; where differences between the provisions exist, the more restrictive provisions shall prevail. b. Trees within required landscape strips shall be provided as follows: 30.4.b.1. In landscape strips 25 feet wide or less, a minimum of one (1) tree for every 30 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist. 30.4.b.2. In landscape strips greater than 25 feet wide, a minimum of one (1) tree for every 20 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the tree conservation manual , except that closer spacing or clumping may be approved by the city arborist. 30.4.b.3. Clumping is permitted to create a more natural-looking landscape. 30.4.b.4. All required landscape strips shall be designed with at least 60 percent tree canopy cover with no more than 40 percent cover in grass or ground cover. 30.4.b.5. All species within required landscape strips must be ecologically compatible with the growing site. 30.4.b.6. Trees in the very narrow or narrow tree canopy size class in the tree species list shall not be used to satisfy landscape strip requirements unless City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 37 adequate growing space does not exist for trees in the wide or very wide tree canopy size classes. 30.4.b.7. No permanent structures shall be permitted within landscape strips, including retaining walls, curbing, dumpsters, detention facilities, etc. 30.4.b.8. Monument signs, fences, drainage structures, or sidewalks may be permitted within landscape strips if it is determined by the city arborist that their placement is consistent with the purpose and intent of this ordinance. 30.4.b.9. Curb stops shall be used to prevent vehicle overhang into require landscape strips and parking lot landscape islands, with one curb stop per parking stall required. 30.4.b.10. Signs within required landscape strips shall be subject to the approval of the department of community development and may only be located in areas of turf or groundcover, and shall not conflict with the growing space designated for trees and shrubs. 30.4.b.11. The deposition of stormwater runoff into drainage swales through landscape strips is not permitted. Exceptions will be considered by the city arborist only if this standard will create an undue hardship to the property owner. Unless approved by the city arborist, the width of a drainage easement through a landscape strip shall not exceed the width of the strip. 30.4.b.12. When fencing is required as a condition of rezoning, the finished surface of the fence must face externally to the project. The exact location for fence placement within the landscape strip will be d etermined on a case by case basis by the city arborist and may be approved if the design meets the intent and purpose of the tree ordinance. 30.5. Buffers a. Buffers required pursuant to Chapter 64 – Zoning shall provide a visual and noise barrier and where sparsely vegetated or where disturbed for approved access and utility crossings, they must be replanted. b. Required buffers shall remain undisturbed and actively protected for the duration of the permitted use for the site. c. Buffers must be replanted where sparsely vegetated or where disturbed for approved access and utility crossings. d. Trees approved for planting in buffers shall be primarily slow growing evergreen trees selected from the tree species list and shall be subject to the City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 38 approval of the city arborist; up to 15 percent of the trees conserved or planted in buffers may be small height class hardwood trees approved for buffers as indicated on the tree species list. e. Trees shall be a minimum of five (5) feet in height at time of planting, with branching all the way to the ground required for evergreen trees. f. The number of planting rows for trees in buffers shall be determined by the buffer width, as set forth in Table 2. Table 2. Minimum Rows for Buffers by Width Buffer Width Minimum Planting Rows Less than 20 feet 2 rows 20 feet to 30 feet 3 rows 31 feet to 50 feet 4 rows Greater than 50 feet 4 plus 1 row for each additional 15 feet g. Drainage through buffers is subject to the approval of the administrator. h. Encroachment into buffers for the construction of retaining walls, footings, or wall supports is not permitted unless otherwise specified in the conditions of rezoning. Encroachments into buffer shall require zoning modifications or variances as applicable. i. All buffers require a 10-foot improvement setback interior to the buffer. j. No grading is allowed in the improvement setback unless permission is obtained from the administrator. k. Signs are not permitted within required undisturbed buffers. 31. Topped Trees 31.1. Trees that have been topped shall not be eligible for tree canopy cover credit. 31.2. On developed commercial and non-residential properties, the credit previously given to a protected tree as shown on an approved tree canopy plan that is subsequently topped shall be revoked and replacement tree canopy shall be required in an amount equal to the tree canopy credit assigned to the topped tree. 32. Minimum Landscape and Maintenance Requirements 32.1. Prior to the issuance of a certificate of occupancy or final plat approval, minimum landscape requirements shall be met that include the following: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 39 a. All exposed ground on a lot shall be covered with either turf, herbaceous plants, shrubs or trees; b. The planting of English ivy, Chinese privet, kudzu or other invasive species as a ground cover shall be prohibited; c. The critical root zone of all individually growing trees shall be mulched; d. Tree groups not within a forested area shall be mulched as a group; e. Forested areas shall be left undisturbed with the natural leaf litter layer on the surface remaining intact; and, f. Mulching shall conform to the standards set forth in the tree conservation manual. 32.2. After the issuance of a certificate of occupancy or final plat approval, minimum landscape maintenance shall include the requirements that follow. a. Protected trees that are approved for removal shall be replaced pursuant to Section 25. b. Trees required within rural viewsheds, road frontages, landscape islands, landscape strips and buffers shall be maintained in accordance with the standards set forth in the tree conservation manual. c. Trees planted to meet tree ordinance requirements shall be passively protected at all times. 33. Landscape Performance Bond 33.1. When the planting of trees and other required landscape plants cannot be completed during the planting season, a landscape performance bond shall be issued to the city. 33.2. The amount of the bond shall be equal to 125 percent of the total cost to purchase and install the trees and landscape plants based on the average of three (3) written estimates provided by the applicant. 33.3. The planting of trees and landscape plants covered by a landscape performance bond shall be completed within 1 year of the issuance of the bond. 33.4. If tree planting is not completed within 1 year of the issuance of the bond, the city may use the bond to plant the required trees and landscape plants on the lot, or off-site in a registered tree bank. 33.5. Upon the successful planting of all required trees and landscape plants by the applicant, the landscape performance bond shall be returned. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 40 34. Certificate of Occupancy and Final Plat Approval 34.1. A certificate of occupancy or final plat approval shall only be issued if all the following conditions have been met: a. Applicant meets all tree ordinance requirements. b. Lot conforms to all aspects of the tree canopy plan. c. All trees required to be planted by the tree canopy plan, tree planting and maintenance plan, remediation plan, City of Milton zoning ordinance, variance conditions or other conditions for a development permit or plan approval, have been installed on the lot or in a tree bank. d. Required payments have been made to the tree canopy fund. e. Any civil penalties or other monetary obligations assessed for violations of the tree ordinance have been paid. f. All replacement trees and tree canopy cover required due to violations of the tree ordinance have been installed. 34.2. A temporary certificate of occupancy may be granted by the administrator before all trees have been planted if a landscape performance bond has been issued to the city. 35. Alternative Compliance 35.1. Alternative compliance for a portion of the tree canopy cover required on a lot may be approved by the administrator pursuant to the provisions of this section. 35.2. Subdivision developments as a whole are not eligible to use alternative compliance; owners of individual properties within a subdivision development may be eligible to use alternative compliance. 35.3. Alternative compliance shall be either the planting of trees off-site in a registered tree bank in an amount equal to the proposed tree canopy cover deficit or replacement deficit, or a payment made by the applicant to the City of Milton Tree Canopy Fund for the tree canopy value of the deficit. 35.4. Planting trees off-site in a tree bank for a maximum of one-half (1/2) of the tree canopy cover requirement or tree replacement requirement may be approved. 35.5. The city shall maintain a list of registered tree bank sites, which may include open space on city property or on developed, private property. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 41 35.6. Owners of developed properties with at least 8,000 square feet of open space may apply to the city to have their open space registered as a tree bank under the conditions set forth in the tree conservation manual. 35.7. The use of the tree bank shall be approved by the administrator under the following conditions: a. The maximum amount of tree canopy cover possible on the lot is conserved and/or planted, as determined by the city arborist; and, b. A registered tree bank site is available with enough space to accommodate the trees and their required growing space. 35.8. Applicants wishing to plant trees off-site shall execute a letter of agreement directly with the registered tree bank owner that must include, at a minimum: a. Applicant’s name and contact information; b. Number of trees to be planted by species and caliper; c. Planting schedule including projected beginning date of planting and projected completion date of planting; d. Name and contact information for applicant’s agent who will be responsible for the planting of trees on the tree bank site; and, e. Commitment to maintain the property in the condition in which it was found prior to the planting operation. 35.9. Trees planted in tree banks shall meet all the same requirements as for trees planted on-site. 35.10. A tree planting and maintenance plan developed and submitted by the applicant shall be required. 35.11. The applicant shall be responsible for the planting of trees off -site in a tree bank. 35.12. The registered tree bank owner shall be responsible for the required maintenance and protection of tree bank trees. 35.13. The area planted or conserved as a tree bank shall remain covered by tree canopy in perpetuity, unless otherwise modified with the approval of the city arborist. 35.14. The removal of trees within a tree bank shall require a tree removal permit. 35.15. A payment to the tree canopy fund in lieu of the conservation or planting of tree canopy cover for a maximum of one-third (1/3) of the tree canopy cover City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 42 requirement or tree replacement requirement shall be approved by the administrator under the following conditions: a. The conservation or planting of the required tree canopy cover or replacement trees will eliminate the owner’s ability to utilize their lot for a specific, permitted use as described in writing by the property owner; and, b. No tree bank location is available for the planting of trees off-site. 35.16. Payments into the tree fund for tree canopy cover requirement deficit shall be calculated using the tree canopy value set forth in the city’s current fee schedule. 36. Tree Canopy Fund 36.1. There is hereby adopted a City of Milton Tree Canopy Fund to be established for the deposit of payments required by the tree ordinance or donated for other community forest management activities. 36.2. In addition to receiving payments for tree canopy cover requirement deficit, the tree canopy fund shall also receive as revenue: a. Donations for tree program activities; b. Fees for tree-related permits and plans review; and, c. Fines for violation of the tree ordinance. 36.3. Tree canopy funds may be expended for: a. The purchase, planting and maintenance of trees on city property; and, b. Community forestry management activities conducted by the city to sustain, increase and improve tree canopy cover. 37. Timber Harvesting 37.1. For lots greater than 2 acres, a timber harvesting notification shall be required and shall be submitted to the community development department before any timber harvesting may commence. 37.2. A 50-foot undisturbed buffer around the perimeter of a lot where timber harvesting will occur shall be required in all zoning districts. 37.3. The clearcutting of timber shall be allowed on AG-1 zoned land only. 37.4. Thinning shall be allowed in all zoning districts and land uses. 37.5. Except for AG-1 zoned properties, an approved tree canopy plan shall be required before timber harvesting may commence. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189January 6July 20, 2020 Page 43 37.6. No development permits shall be issued for a lot for a period of 5 years after the completion of timber harvesting operations unless a tree canopy plan has been submitted for the lot concurrent with the submittal of the timber harvesting notification. 37.7. When a tree canopy plan is required or voluntarily submitted for a lot on which clearcutting or thinning will occur, the following requirements shall apply: a. The tree canopy plan shall show the location of the required 50-foot undisturbed buffer, any state water buffers, areas to be clearcut, areas to be thinned, and all specimen and heritage trees; b. The lot must meet the tree canopy cover requirements for the zoning district for the entire lot upon completion of timber harvesting; and, c. The conservation of specimen trees and heritage trees shall be required, and all specimen and heritage trees conserved shall be actively protected during timber harvesting operations in accordance with the standards set forth in the tree conservation manual. 37.8. Stump removal or grading shall be prohibited as part of normal timber harvesting operations that are not related to development. 37.9. Clearcutting, thinning or land disturbance shall not be allowed within state water or wetland buffers. 37.10. Compliance with the soil erosion and sedimentation control ordinance is required. 37.11. All timber harvesting operations shall comply with the most current Georgia’s Best Management Practices for Forestry available from the local office of the Georgia Forestry Commission. CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 1, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Agreement and Certification Statement with Fulton County for Coronavirus Aid, Relief, and Economic Security (CARES) Act Funding MEETING DATE: Monday, July 6, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ X X X July 6, 2020 X To: Honorable Mayor and City Council Members From: Matt Marietta, Emergency Manager Date: Submitted on June 25, 2020, for the July 6, 2020 Regular Council Meeting Agenda Item: Consideration of an Agreement and Certification Statement with Fulton County for Coronavirus Aid, Relief, and Economic Security (CARES) Act Funding _____________________________________________________________________________________ Department Recommendation: Approve the Agreement and Certification Statement with Fulton County for Coronavirus Aid, Relief, and Economic Security (CARES) Act funding. Executive Summary: The Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress and signed into law on March 27th, 2020. Among other things, this program provided funds to certain local governments to support their response to and recovery from the disaster. Fulton County received an allocation from this program. At their June 3rd, 2020 regular meeting, the County Commission voted to allocate $2,500,000 to cities within their boundaries for assistance with COVID-19 related expenses (except Atlanta, which got its own funds directly from the Federal Government). The allocation will be coordinated by Fulton County’s Finance Department and will cover expenses incurred between March 1st, 2020 and May 15th, 2020. Our requests need to align with the requirements of the CARES Act and we cannot accept funds from two sources for the same expenses, so any funding obtained in this process will not be duplicated with any of the other available FEMA grants. The City is gathering their expense reports and receipts for immediate submission to the County in the event that Council approves this contract. This agenda item contains two documents: • Municipal Reimbursement Agreement for CARES Act Funding This is the formal agreement for the funding. Supporting this agreement, there is also a spreadsheet and receipt/justification data that needs to be provided to Page 2 of 2 the County Finance Department to ensure that the requests align with the CARES Act Requirements (this will be completed by staff). • CARES Act Municipal Reimbursement Program Certification In accordance with CARES Act requirements, this document certifies that the City will only submit actual, unplanned and unbudgeted expenses due to the COVID-19 pandemic, are not duplicative of other grant requests, and will not be used to offset revenue shortfalls. Both the agreement and certification are included in this packet. The City Attorney’s Office has reviewed the contracts and recommends passing both at the same meeting. Funding and Fiscal Impact: This is a reimbursement program for the City due to the pandemic and will not cost us any money. Alternatives: There are several additional recovery grants out there that we are pursuing, including the US Fire Administration’s AFG grant and FEMA’s disaster grant. Legal Review: Sam P. VanVolkenburgh, Jarrard & Davis, LLP (06-22-20) Concurrent Review: Steve Krokoff, City Manager Attachment(s): CARES Act Certification Document CARES Act Agreement 1 C.A.R.E.S. ACT MUNICIPAL REIMBURSEMENT PROGRAM CERTIFICATION I hereby certify: (1) That I am the Mayor of the City of __________ (“Subrecipient”) which is a municipality that is not eligible to receive Coronavirus Aid, Relief, and Economic Security (C.A.R.E.S) Act funding directly from the U.S. Federal Government. (2) That the costs for which Subrecipient is seeking reimbursement are: A. Costs that are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19); B. Costs that were not accounted for in the Subrecipient’s budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act); C. Costs that were incurred during the period that begins on March 1, 2020, and ends on May 15, 2020. (3) That the reimbursements issued pursuant to this Agreement will not be used to offset any revenue shortfalls of the Subrecipient. (4) That the reimbursed costs have not been included in an application for any other grant funds. (5) That the reimbursed costs were incurred by utiliziing the Subrecipient’s internal purchasing policies and protocols. (6) Further, Subrecipient certifies that it will not seek reimbursement from the State of Georgia or any federal source for the same expenses for which they are being reimbursed pursuant to the Fulton County C.A.R.E.S. Act Municipal Reimbursement Program. This __________day of ____________, 2020. SUBRECIPIENT: _______________________________ [Name] [Title] ATTEST: 2 ________________________________ [Name] _______________________________ [Title] P:\CAAdminMatters\Finance\6.04.20 C.A.R.E.S. Act Municipal Reimbursement Program Certification with pph edits.docx - 1 - AN AGREEMENT BETWEEN FULTON COUNTY AND ADD MUNICIPALITY C.A.R.E.S. ACT MUNICIPAL REIMBURSEMENT PROGRAM : Total Reimbursement: $ ADD AMOUNT (to be completed by the County at the time of reimbursement) THIS AGREEMENT, between Fulton County, Georgia, acting through its County Manager (hereinafter referred to as “the County”), a political subdivision of the State of Georgia, and ___________ hereinafter referred to as “the Municipality”), a non-profit corporation organized and existing in Fulton County under the laws of the State of Georgia. WITNESSETH THAT: WHEREAS, on ___________, 2020, the Board of Commissioners created, a program through which Fulton County municipalities that are not eligible for C.A.R.E.S. Act funding may be able to a one time reimbursement for some of their eligible expenditures incurred during the emergency created by COVID-19 to purchase goods, supplies and equipment; and WHEREAS, this funding mechanism, to be called the “C.A.R.E.S. Act Municipal Reimbursement Program” will provide up to $2,500,000 in reimbursement from Fulton County C.A.R.E.S. Act funds to support the aforementioned cities for the C.A.R.E.S. Act eligible services, projects and programs; and WHEREAS, the Municipality has been selected to be reimbursed for some of its expenditures during the emergency created by COVID-19 to purchase goods, supplies and equipment; and NOW THEREFORE, for and in consideration of the mutual covenants contained herein, the parties hereby agree as follows: SECTION 1.0 – ELIGIBLE SERVICES, PROJECTS AND PROGRAMS The C.A.R.E.S. Act Municipal Reimbursement Program is designed to support cities located within Fulton County that are not eligible to receive Coronavirus Aid, Relief, and Economic Security (C.A.R.E.S) Act funding directly from the U.S. Federal Government to mitigate the financial impact of COVID -19 on their cities.: The only costs that will be eligible for consideration for reimbursement are: 1. Costs that are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID –19); 2. Costs that were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; 3. Costs that were incurred during the period that begins on March 1, 2020, and ends on May 15 2020. SECTION 2.0 – REIMBURSEMENT FOR COSTS AND SERVICES 1. The County shall make reimbursement for the eligible approved costs described in Section 1.0 herein based upon the review and approval of the same by the Finance Department and the County Manager . The amount of any reimbursement shall be limited by the request from the Municipality submitted to the Chairman of the Fulton County Board of Commissioners on May 15, 2020. - 2 - 2. The County agrees to review and consider for reimbursement to the Municipality previously incurred costs upon presentation of invoices and other supporting documentation demonstrating payment for goods or services that have been previously paid for by the Municipality. 3. Such documentation shall include, but not be limited to copies of checks issued for payment, time sheets, vendors’ and suppliers’ invoices or vouchers, a description of the purpose of the expenditure, etc. 4. This documentation, along with a written request for reimbursement and a statement of costs incurred and a certification statement that all of the requested expenses qualify as eligible COVID -19 expenses under the C.A.R.E.S. Act shall be submitted to the attention of the Director of Finance. A minimum of two copies of the request and the statement shall be included with the submission along with accompanying documentation supporting the eligible costs 5. To be eligible for reimbursement, all invoices and supporting documentation must be presented by August 1, 2020. SECTION 3.0 – TERM OF AGREEMENT 1. The term of this Agreement shall be from the date the reimbursement package is submitted to the County through October 1, 2020. 2. The completion date of this Agreement shall not exceed October 1, 2020, unless otherwise extended in writing, terminated by mutual agreement, or by the County, or in accordance with other terms and provisions contained herein. Any modifications to the term of the Agreement shall be documented through an amendment process. 3. Any eligible and accepted expense shall be paid by the County on or before October 1, 2020. SECTION 4.0 - MODIFICATIONS TO AGREEMENT 1. This Agreement constitutes the entire contractual arrangement between the County and the Municipality, and there are no further written or oral agreements with respect thereto. No variation or modification of this Agreement and no waiver of its provisions shall be valid unless in writing and signed by the County's and the Municipality’s’ duly authorized representatives. 2. Further, in the event of any material change or modification in the Municipality's Agreement or agreement with any other COVID-19 funding source during the course of this Agreement, the Municipality shall immediately notify the County of such change. In such event, the County shall have the right to terminate its obligations under this Agreement, discontinue future funding hereunder, and demand the refund or return of funds previously advanced. SECTION 5.0 – TERMINATION OF AGREEMENT 1. Termination for Cause Time is of the essence and if, through any cause, the Municipality shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or in the event that any of the provisions or stipulations of this Agreement are violated by the Municipality, the County shall thereupon have the right to terminate this Agreement by providing written notice to the Municipality of the County’s intent to terminate the Agreement, specifying the reasons for such intention for termination. Unless within three (3) calendar days after serving of such notice (by hand delivery or posting in the U.S. Mail) to the Municipality such violation or delay shall cease or arrangements for correction satisfactory to the County be made, the Agreement shall, upon expiration of said three (3) calendar days, be terminated without further notice. Upon such termination, the Municipality will be compensated by the County for expenses accepted by the County as eligible. - 3 - 2. Termination for Convenience of the County In the event the County determines that it is no longer feasible or in its best interest to continue with the funding program covered by this Agreement, the County may terminate this Agreement immediately and notify the Municipality of the termination by e mail and by U.S. mail. SECTION 6.0 – INDEPENDENT SUBRECIPIENT STATUS Nothing herein contained shall be deemed to create a relationship other than that of independent subrecipient between the County and the Municipality. Under no circumstances shall the Municipality, its principals, employees, subcontractors, associates, or agents be deemed employees, agents, partners, successors, assigns, or legal representatives of the County except as specifically required herein. SECTION 7.0 – ASSIGNMENT OF AGREEMENT The Municipality shall not make any purported assignment of this Agreement or any part thereof, or delegate the duties herewith without prior written consent of the County. Any attempted assignment or delegation of duties by the Municipality without prior expressed written consent of the County shall at the County’s sole option terminate this Agreement without any notice to the Municipality of such termination. The Municipality binds itself, its successors, assigns, and legal representatives of such other party in respect to all covenants, agreements and obligations contained herein. SECTION 8.0 – RECORDS AND REPORTS 1. Records The Municipality shall maintain accounts and records, (including an annual Audit) personal property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be requested by the County to assure proper accounting for all funds. Said records shall be made available for audit purposes to the County or any authorized representative thereof, upon reasonable request and within three (3) days of said request. 2. Retention The Municipality's records and accounts shall at all times meet or exceed the applicable requirements of federal, state, and local laws, rules, and regulations. The Municipality’s duty to retain records and permit inspections and copying shall remain in force and effect even after the expiration or termination of this Agreement. SECTION 9.0 – INSPECTION OF FILES AND RECORDS The County shall at all reasonable times have access to the pertinent offices and books and records (including an annual Balance Sheet or Independent Audit) of the Municipality for inspection of the activities performed and expenses incurred under this Agreement. The County may perform and the Municipality shall be prepared to meet the requirements of, at least, one (1) audit per year. SECTION 10.0 – CONFLICT OF INTEREST No member, officer, or employee of the County or its designee or agents, no member of the governing body of the County, and no other official of the County who exercises or has exercised any functions or responsibilities with respect to the C.A.R.E.S. Act funding program or who is in a position to participate - 4 - in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit in any Agreement, subcontract or agreement with respect thereto, or the proceeds there under, either for themselves or for those with whom they have family or business ties, during their tenure or for one (1) year thereafter. SECTION 11.0 – INDEMNIFICATION AND HOLD HARMLESS The Municipality, to the extent legally possible, hereby warrants, represents, covenants and agrees to release, indemnify, defend and hold harmless the County, its commissioners, officers, and employees, from any and all claims, losses, liabilities, damages, deficiencies, penalties, fines or costs (including without limitation, reasonable attorney's fees and legal expenses) suffered or incurred by such parties, whether arising in tort, contract, strict liability or otherwise, and includin g without limitation, personal injury, wrongful death or property damage, arising in any way from the actions or omissions of the Municipality, its agents, employees, officers, or directors. This indemnification shall also cover any adjustments that may be required from an audit by the federal government of the use of the C.A.R.E.S. Act funds provided by the County due to the fact that the expenses for which reimbursement was made were deemed ineligible. The language of this indemnification clause shall survive termination of this Agreement, even if the County terminates the Agreement for its convenience. SECTION 15.0 – GOVERNING LAW 1. This Agreement shall be governed in all respects, as to validity, construction, capacity, and performance or otherwise, by the laws of the State of Georgia. 2. A waiver by either party of any breach or any provision, term, covenant or condition of this Agreement shall not be deemed a waiver of any subsequent breach of the same or any other provision, term, covenant or condition. 3. The parties agree that each of the provisions included in this Agreement is separate, distinct and severable from the other remaining provisions of this Agreement, and that the invalidity of any agreement provision shall not affect the validity of any other provision of this agreement. 4. The parties agree that the terms of this Agreement include the entire Agreement between the parties and as such, shall exclusively bind the parties. No other representations, either oral or written, may be used to contradict the terms of this Agreement. 5. Any notices or communications required or permitted herein shall be sufficiently given if sent by Registered or certified mail, return receipt request, postage prepaid, addressed as follows: As to the County: _____________________ _____________________ _____________________ _____________________ As to the Municipality: Add contact person, name and address of agency Alternatively, such other addressed as shall be furnished by such notice of the other party. 5 IN WITNESS HEREOF, the parties hereunto have set their hands and seal. Municipality ____________________________________ FULTON COUNTY ____________________________________ Robert L. Pitts, Chairman Fulton County Board of Commissioners ATTEST ____________________________________ DATE: ____________________________________ ATTEST ____________________________________ Tanya Grier, Interim Clerk to the Commission DATE: ____________________________________ APPROVED AS TO FORM APPROVED AS TO FORM: ___________________________________ City Attorney ____________________________________ Office of the County Attorney P:\CALegislation\BOC\Resolutions\2020 Resolutions\Pitts\6.24.20 Municipal Reimbursement Agreement for CARES Act Funding redline with pph edits.docx CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 2, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Council consideration of Proposed Consent Order in Connection with Quiet Title Action Filed by NR Deed, LLC (Civil Action File No. 2019CV- 323925) MEETING DATE: Monday, July 6, 2020 City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED PLACED ON AGENDA FOR: __________ July 6, 2020 X X X X IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA NR DEED, LLC, Petitioner, v. FIRST CITIZENS BANK and TRUST COMPANY, INC.; CC MANOR, LLC; CLUB CORP.; THE MANOR GOLF AND COUNTRY CLUB; CITY OF MILTON; and FULTON COUNTY, GEORGIA, Respondents. CIVIL ACTION FILE NO. 2019CV323925 Hamby Road 22 -5180-0399-011-1 CONSENT ORDER AS TO CITY OF MILTON This matter is before the Court upon consent of Petitioner NR Deed, LLC (“Petitioner”) and Respondent City of Milton, Georgia (the “City”). Petitioner filed this action in order to quiet title against property located at Hamby Road, Fulton County, Tax Parcel Identification No. 22 -5180-0399-011-1 (hereinafter the “Subject Property”). A legal description of the Subject Property is attached as “Exhibit A” to Petitioner’s Petition. Petitioner named the City in the event the City may hold outstanding taxes or other recorded or unrecorded liens against the Subject Property. After reviewing the Petition, the City determined it does hold outstanding tax liens against the Subject Property. The City acknowledges, however, that Petitioner seeks only to clear the adverse claims of the City for its tax liens, whether filed of record or inchoate, arising before February 6, 2018 (the date of Petitioner’s Tax Deed). The City does not oppose the relief sought by Petitioner in Petitioner’s Petition and legally permitted under Georgia law. Further, Petitioner hereby agrees that the City NR Deed, LLC v. First Citizens Bank and Trust Company, Inc., et al. Civil Action File No. 2019CV323925 Consent Order as to City of Milton Page 2 of 3 and Fulton County shall have the right to collect taxes for the tax year of the tax sale, which in this case is the year 2018, and beyond, and that Petitioner’s title shall be subject to such right. By virtue of the agreement of the parties, Petitioner’s title shall not be encumbered by City delinquent taxes accruing against the Subject Property for tax year 2017 and prior years. Nothing contained herein shall adversely affect the City's ability to (i) enforce the personal oblig ation of any owner of title to the Subject Property, as of January 1 of any given tax year, to pay property taxes or other liens; or (ii) file a claim against any surplus funds held by the Sheriff after the tax sale. Furthermore, nothing contained in the immediately preceding sentence shall be interpreted to alter or change the agreement reached with the Petitioner outlined above. Accordingly, each party will bear its own attorneys’ fees and Petitioner will bear the costs of this action. The City is now dismissed from this matter, and the Court orders the relief stated above. This ___ day of _____________________, 2020. ___________________________________ Judge Shukura I. Millender Fulton County Superior Court [SIGNATURES OF ATTORNEY CONSENT ON FOLLOWING PAGE] NR Deed, LLC v. First Citizens Bank and Trust Company, Inc., et al. Civil Action File No. 2019CV323925 Consent Order as to City of Milton Page 3 of 3 Consented to: ___________________________________ Alice S. McQuade Georgia Bar No. 495871 The McDeer Firm 4355 Cobb Parkway, Suite J-505 Atlanta, GA 30339 P: (404) 781-2275 alicemcquade@investaservices.com Attorney for NR Deed, LLC ___________________________________ Christopher J. Hamilton (by ___ w/ express permission) Georgia Bar No. 320853 Jarrard & Davis, LLP 222 Webb Street Cumming, Georgia 30040 (678) 455-7150 Attorney for City of Milton