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Agenda Packet - CC - 08/03/2020
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, August 3, 2020 Regular Council Meeting Agenda 6:00 PM ZOOM Webinar Info: Go To: https://zoom.us/j/91635769487 Telephone: US: +1 301.715.8592 Webinar ID: 916 3576 9487 INVOCATION – Rich Austin 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. 20-203) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 3, 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 June 15, 2020 Regular City Council Meeting Minutes. (Agenda Item No. 20-204) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements and Investment Report for the Period Ending June 2020. (Agenda Item No. 20-205) (Bernadette Harvill, Finance Director) 3. Approval of Approval of a Task Order between the City of Milton and BM&K, PC for Asphalt Reconstruction & Resurfacing Project. (Agenda Item No. 20-206) (Robert Drewry, Public Works Director) 4. Approval of Change Order #4 to the Professional Services Agreement between the City of Milton and InterDev, LLC to Decrease vCIO/Project Manager Hours, Increase Technical Support and to Account for Annual Escalator. (Agenda Item No. 20-207) (Stacey Inglis, Assistant City Manager) 5. Approval of Change Order #1 to the Goods and Services Purchase Agreement between City of Milton and Utility Associates, Inc. for Interview Room Cameras in the New Public Safety Complex. (Agenda Item No. 20-208) (Rich Austin Police Chief) 6. Approval of a Professional Services Agreement between the City of Milton and Berry, Dunn, McNeil & Parker, LLC for Strategic Planning Services. (Agenda Item No. 20-209) (Stacey Inglis, Assistant City Manager) 7. Approval of a Change Order to Construction Management at Risk Agreement between the City of Milton and New South Construction Company, LLC for the New Public Safety Complex Project. (Agenda Item No. 20-210) (Parag Agrawal, Community Development Director) 8. Approval of Additional Boarding Documents for Invoice Cloud, Inc. Merchant Account. (Agenda Item No. 20-211) (Stacey Inglis, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 3, 2020 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 9. Approval of Plat Revision. Name of Development / Location Action Comments / # lots Total Acres Density 1. Commercial Parcel of Lakeside at Crabapple LL 1134 860 and 870 Mayfield Road Minor Plat Subdivided from 870 Mayfield Road into one lot 0.742 One (1) Commercial Lot (Agenda Item No. 20-212) (Parag Agrawal, Community Development Director) 7) REPORTS AND PRESENTATIONS 8) FIRST PRESENTATION 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2021; and for Other Purposes. (Agenda Item No. 20-213) (Bernadette Harvill, Finance Director) 9) PUBLIC HEARING (None) 10) ZONING AGENDA 1. Consideration of U20-01/VC20-01 located at 12900 Arnold Mill Road by Ebenezer United Methodist Church to request a Use Permit (Sec. 64-1804) to construct a 23,000 sq. ft. activity center on the existing church property (5,088 sq. ft.) for a total of 28,088 sq. ft. on 6.61 acres. To request a two- part concurrent variance to 1) to allow parking in front of a building (Sec. 64-1143(g)(5)(c)); and 2) to reduce the required parking (Sec. 64-1410). (Agenda Item No. 20-198) (First Presentation at July 20, 2020 Regular City Council Meeting) (Parag Agrawal, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 3, 2020 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 2. Consideration of ZM20-03 located at 13210 Bethany Road zoned R-2 (Single Family Residential) by Big Sky Stables LLC, Chris Hively requesting to modify condition 2 of RZ72-222 to reduce the front building setback from 150 feet to 100 feet from Bethany Road to conform to existing setbacks in this particular area of Bethany Road. (Agenda Item No. 20-199 (First Presentation at July 20, 2020 Regular City Council Meeting) (Parag Agrawal, Community Development Director) 11) UNFINISHED BUSINESS 1. Consideration to Adopt the Revised Milton Tree Canopy Conservation Ordinance and Tree Conservation Manual. (Agenda Item No. 20-157) (First Presentation at June 1, 2020 City Council Meeting) (Discussed at June 15, 2020 Council Meeting to defer) (Discussed at July 6, 2020 City Council Work Session) (Parag Agrawal, Community Development Director) 12) NEW BUSINESS 1. Consideration of a Proposed Consent Order in Connection with Condemnation Action Filed as Civil Action File No. 2091CV327435 (Hopewell Road at Thompson Road Roundabout). (Agenda Item No. 20-214) (Ken Jarrard, City Attorney) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Public Works 2. Parks & Recreation 3. Police 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 20-215) CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 29, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Financial Statements and Investment Report for the Period Ending June 2020 MEETING DATE: Monday, August 3, 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 August 3, 2020 X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on July 28, 2020 for the August 3, 2020 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 9 – June 2020 Overview: General Fund Revenue collections for the General Fund are 3.77% over what is anticipated for the ninth period of the fiscal year. Total expenditures to-date are $21,330,817 and are 4.62% 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 $13,968,570, capital expenditures-to-date total $2,152,742. 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 are reflected in the attached financial statements for June 2020 - Period 9. 1 of 13 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending June 2020 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 12,276,633 55,021 61,587 (6,566) 12,358,046 12,212,290 145,756 Motor Vehicle Tax 727,100 49,971 60,259 (10,288) 699,846 325,453 374,394 Intangible Tax 215,000 70,724 17,910 52,815 317,099 143,276 173,823 Real Estate Transfer Tax 100,000 11,537 8,330 3,207 80,398 66,640 13,758 Franchise Fees 2,105,800 89,745 - 89,745 1,260,541 1,201,700 58,841 Local Option Sales Tax 8,046,653 626,605 670,554 (43,949) 5,938,118 6,034,990 (96,871) Alcohol Beverage Excise Tax 186,000 26,882 15,500 11,382 215,727 139,500 76,227 Business & Occupation Tax 700,000 85,748 - 85,748 794,546 700,000 94,546 Insurance Premium Tax 2,500,000 - - - - - - Financial Institution Tax 52,187 - - - 52,187 52,187 - Penalties & Interest 47,946 4,735 5,304 (569) 46,852 37,735 9,118 Alcohol Beverage Licenses 155,000 3,383 2,625 758 155,758 155,000 758 Other Non-Business Permits/Licenses 33,100 3,939 2,732 1,207 28,032 24,491 3,541 Zoning & Land Disturbance Permits 59,050 1,125 4,919 (3,794) 56,315 44,270 12,045 Building Permits 285,000 28,412 23,750 4,662 218,632 213,750 4,882 Intergovernmental Revenue - - - - - - - Other Charges for Service 438,163 27,819 36,897 (9,078) 297,950 335,132 (37,182) Municipal Court Fines 250,000 20,590 20,833 (243) 179,643 187,500 (7,857) Interest Earnings 211,000 5,224 10,119 (4,895) 175,581 180,642 (5,060) Contributions & Donations 23,503 - - - 23,503 23,503 0 Other Revenue 109,325 14,961 8,601 6,360 98,180 82,867 15,313 Other Financing Sources 102,094 6,924 6,924 - 83,981 81,321 2,660 Total Revenues 28,623,554 1,133,345 956,845 176,501 23,080,938 22,242,245 838,693 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 154,101 8,304 9,742 (1,437) 94,885 121,052 (26,167) City Clerk 325,928 15,598 17,625 (2,027) 147,006 189,423 (42,418) City Manager 644,897 39,683 38,722 961 405,034 410,851 (5,817) General Administration 57,673 1,157 4,423 (3,266) 25,439 43,397 (17,959) Finance 636,442 29,772 44,645 (14,873) 411,747 477,849 (66,102) Legal 335,000 27,244 27,917 (673) 269,763 251,250 18,513 Information Technology 1,288,896 64,275 72,091 (7,816) 844,202 878,822 (34,620) Human Resources 349,281 25,848 23,879 1,969 212,245 237,515 (25,270) Risk Management 261,010 26,122 26,542 (420) 193,126 194,015 (889) General Government Buildings 265,066 14,353 15,560 (1,207) 152,766 191,375 (38,610) Communications 284,875 16,048 16,478 (430) 153,069 169,332 (16,263) Community Outreach & Engagement 167,867 11,815 12,405 (590) 114,292 124,460 (10,168) Municipal Court 482,448 31,242 34,515 (3,273) 309,307 332,155 (22,848) Police 5,464,977 344,083 356,802 (12,719) 3,712,635 3,895,325 (182,690) Fire 7,655,723 535,888 542,828 (6,940) 5,432,567 5,585,745 (153,178) Public Works 2,748,400 157,534 145,708 11,826 1,589,275 1,650,810 (61,535) Parks & Recreation (Active)1,644,100 56,911 286,669 (229,757) 1,089,983 1,308,358 (218,375) Passive Parks/Greenspace 187,256 9,169 6,428 2,741 100,897 117,460 (16,563) Community Development 1,721,891 100,761 99,132 1,629 1,099,250 1,192,512 (93,262) Economic Development 179,655 8,398 10,531 (2,133) 123,297 141,239 (17,942) Debt Service - - - - - - - Operating Transfers to Other Funds 6,135,563 1,587,020 1,587,020 - 4,850,032 4,850,032 - Operating Reserve 105,443 - - - - - - Total expenditures 31,096,492 3,111,224 3,379,660 (268,436)21,330,817 22,362,976 (1,032,159) Net Income/(Loss)(2,472,938)(1,977,879)1,750,120 Fund Balance - Beginning 10,495,407 10,495,407 Fund Balance - Ending 8,022,469 12,245,527 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 13 Original Budgeted Amounts Amended 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 - - 1 45 45 Crabapple Fest Sponsor 15,000 7,500 - 7,500 - Earth Day Sponsor - - - - - Summer Event Sponsor 2,000 2,000 - - (2,000) Private Entity Contributions - - - - - Gas South Partnership - 1,000 81 702 (298) Total revenues 17,000$ 11,600$ 82$ 9,347$ (2,253)$ EXPENDITURES Current: Special Events 120,688$ 120,688$ -$ 50,801$ 69,887$ Total Expenditures 120,688$ 120,688$ -$ 50,801$ 69,887$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 80,000 45,000 884$ 32,772 (12,228) Total other financing sources and uses 80,000$ 45,000$ 884$ 32,772$ (12,228)$ Net change in fund balances (23,688)$ (64,088)$ (8,682)$ Fund balance - beginning 71,176 71,176 71,176 Fund balance - ending 47,488$ 7,088$ 62,493$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 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 - 1 56 56 Realized Gain on Investments/State Funds - - - - Proceeds of Sale of Assets - - - - Total revenues -$ 1$ 1,578$ 1,578$ 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)$ (12,142)$ Fund balance - beginning 95,166 95,166 Fund balance - ending 88,450$ 83,024$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2020 4 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 980,000$ 1,060,000$ 90,783$ 818,007$ (241,993)$ Total revenues 980,000$ 1,060,000$ 90,783$ 818,007$ (241,993)$ EXPENDITURES Current: Public Safety 980,000$ 1,060,000$ 90,783$ 818,007$ 241,993$ Total Expenditures 980,000$ 1,060,000$ 90,783$ 818,007$ 241,993$ 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 June 30, 2020 5 of 13 Original Budgeted Amounts Final Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 80,000$ 45,000$ 884$ 32,772$ (12,228)$ Total revenues 80,000$ 45,000$ 884$ 32,772$ (12,228)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 80,000$ 45,000$ 884$ 32,772$ (12,228)$ Total other financing sources and uses 80,000$ 45,000$ 884$ 32,772$ (12,228)$ 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 June 30, 2020 6 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 110,000$ 110,000$ 565$ 63,539$ 63,539$ (46,461)$ Infrastructure Maint Penalty & Interest - - - 483 483 483 Tree Recompense - - - - - - Landfill Host Fees 48,000 42,000 - 23,158 23,158 (18,842) Interest Revenue - - 35 1,440 1,440 1,440 Total revenues 158,000$ 152,000$ 600$ 88,620$ 88,620$ (63,380)$ EXPENDITURES Capital Outlay City Council -$ -$ -$ -$ -$ -$ General Admin 13,762 13,762 - - - 13,762 Finance 162,315 162,315 - - - 162,315 Information Services 383,944 383,944 122,175 179,146 201,149 182,795 General Govt Bldg 46,266 46,266 - - - 46,266 Police 226,857 309,393 - 89,092 269,496 39,897 Fire 1,849,610 1,853,950 - 1,158,606 1,158,606 695,345 Public Works 5,698,404 6,261,436 36,234 427,531 563,803 5,697,633 Parks & Recreation (Active)3,287,597 3,304,597 - 283,280 342,595 2,962,002 Passive Parks/Greenspace 973,188 973,188 - - - 973,188 Community Development 659,626 659,719 289 15,088 259,436 400,283 Total Capital Outlay 13,301,568$ 13,968,570$ 158,697$ 2,152,742$ 2,795,086$ 11,173,485$ Excess of revenues over expenditures (13,143,568)$ (13,816,570)$ (158,097)$ (2,064,122)$ (2,706,466)$ (11,236,865)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 4,894,518$ 4,977,054$ 428,511$ 3,691,523$ 3,691,523$ (1,285,532)$ Transfers in from Capital Grant Fund - 169,938 42,485 42,485 42,485 (127,453) Transfer in from Impact Fee Fund/Roads - 234,135 58,534 58,534 58,534 (175,602) Transfer out to General Fund (83,093) (83,093) (6,924) (62,320) (62,320) 20,773 Contingencies (147,450) (10,398) - - - 10,398 Total other financing sources and uses 4,663,975$ 5,287,636$ 522,604$ 3,730,221$ 3,730,221$ (1,557,415)$ Net change in fund balances (8,479,593)$ (8,528,934) 1,666,099$ 1,023,755$ Fund balance - beginning 8,532,749 8,532,749 8,532,749 8,532,749 Fund balance - ending 53,155$ 3,815$ 10,198,847$ 9,556,504$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2020 7 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Real Property Tax-Current Year 1,683,096$ 1,697,096$ 6,652$ 1,709,561$ 1,709,561$ 12,465$ Real Property Tax-Prior Year - 13,100 970 14,764 14,764 1,664 Public Utility Tax-Current Year 13,220 13,220 - 12,604 12,604 (616) Personal Property Tax-Current Year 25,090 25,090 190 25,224 25,224 134 Personal Property Tax-Prior Year - - - 105 105 105 Motor Vehicle Tax 5,689 5,689 544 4,242 4,242 (1,447) Penalties & Interest - Real Property - 2,400 114 2,644 2,644 244 Penalties & Interest - Personal Property - 170 3 171 171 1 Other Miscellaneous Revenue - 37,350 - 37,350 37,350 - Interest Revenue (Regions)200,000 75,000 438 49,823 49,823 (25,177) Interest Revenue (SunTrust)- - 5 321 321 321 Total revenues 1,927,095$ 1,869,115$ 8,915$ 1,856,808$ 1,856,808$ (12,307)$ EXPENDITURES Capital Outlay Passive Parks/Greenspace 7,637,331$ 7,603,245$ -$ 2,416,657$ 2,464,252$ 5,138,993$ Bond Principal 855,000 855,000 - 855,000 855,000 - Bond Interest 858,875 858,875 - 858,875 858,875 - Total Capital Outlay 9,351,206$ 9,317,120$ -$ 4,130,532$ 4,178,127$ 5,186,588$ Excess of revenues over expenditures (7,424,111)$ (7,448,005)$ 8,915$ (2,273,724)$ (2,321,319)$ 5,174,281$ Net change in fund balances (7,424,111)$ (7,448,005) (2,273,724)$ (2,321,319)$ Fund balance - beginning 7,536,608 7,536,608 7,536,608 7,536,608 Fund balance - ending 112,497$ 88,602$ 5,262,883$ 5,215,288$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2020 8 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax 6,300,000$ 5,542,547$ 489,970$ 4,186,892$ 4,186,892$ (1,355,655) Interest Revenues - - 31 2,025 2,025 2,025 Realized Gain or Loss (GA Fund 1)200,000 150,000 2,855 114,535 114,535 (35,465) Total revenues 6,500,000$ 5,692,547$ 492,856$ 4,303,452$ 4,303,452$ (1,389,095)$ EXPENDITURES Capital Outlay Public Works 17,181,402$ 17,181,402$ 42,293$ 2,135,319$ 2,733,208$ 14,448,194 Total Capital Outlay 17,181,402$ 17,181,402$ 42,293$ 2,135,319$ 2,733,208$ 14,448,194$ Excess of revenues over expenditures (10,681,402)$ (11,488,855)$ 450,562$ 2,168,133$ 1,570,244$ 13,059,099$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ -$ -$ Net change in fund balances (10,681,402)$ (11,488,855)$ 2,168,133$ 1,570,244$ Fund balance - beginning 13,950,834 13,950,834 13,950,834 13,950,834 Fund balance - ending 3,269,433$ 2,461,980$ 16,118,967$ 15,521,078$ 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 June 30, 2020 9 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Recreation Trail Program 198,640$ 198,640$ -$ 6,412$ 6,412$ (192,228)$ Land & Water Conservation Grant 200,000 200,000 - - - (200,000) LMIG Funds 405,528 444,773 - 444,773 444,773 - Smart Communities 65,191 50,000 - - - (50,000) Trail Connection to Big Creek Greenway 400,000 400,000 6,120 7,200 7,200 (392,800) Interest Revenues - - 28 937 937 937 Contributions & Donations - - - - - - Total revenues 1,269,359$ 1,293,413$ 6,148$ 459,322$ 459,322$ (834,091)$ EXPENDITURES Fire -$ -$ -$ -$ 90,637$ (90,637)$ Public Works 1,383,489 1,252,796 - 10,350 45,000 1,207,796 Parks & Recreation 631,443 659,036 - 7,013 122,860 536,176 Community Development 104,793 62,102 10,000 15,000 34,350 27,752 Total Capital Outlay 2,119,725$ 1,973,934$ 10,000$ 32,363$ 292,847$ 1,681,087$ Excess of revenues over expenditures (850,366)$ (680,521) (3,852)$ 426,959$ 166,475$ 846,996$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ -$ Transfer Out to Capital Projects Fund - (169,938) (42,485) (42,485) (42,485) (127,453) Budgeted Fund Balance - - - - - - Total other financing sources and uses -$ (169,938)$ (42,485)$ (42,485)$ (42,485)$ (127,453)$ Net change in fund balances (850,366)$ (850,459)$ 384,475$ 123,990$ Fund balance - beginning 850,459 850,459 850,459 850,459 Fund balance - ending 93$ 0$ 1,234,934$ 974,450$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2020 10 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 30,000$ 22,000$ 1,808$ 18,767$ 18,767$ (3,233)$ Law Enforcement Fund 13,000 10,000 759 8,298 8,298 (1,702) Fire Fund 72,500 55,500 4,349 47,547 47,547 (7,953) Road Fund 110,000 69,000 5,427 60,074 60,074 (8,926) Park Fund 650,000 594,000 49,721 509,638 509,638 (84,362) Interest Revenues/Admin Fund - - 2 52 52 52 Interest Revenues/Law Enforcement Fund - - 1 22 22 22 Interest Revenues/Fire Fund - - 4 126 126 126 Interest Revenues/Road Fund - - 5 158 158 158 Interest Revenues/Park Fund - - 41 1,417 1,417 1,417 Total revenues 875,500$ 750,500$ 62,115$ 646,100$ 646,100$ (104,400)$ EXPENDITURES General Government Buildings 73,437$ 70,012$ -$ -$ -$ 70,012$ Fire 319,372 309,132 - - - 309,132 Public Works 266,709 - - - - - Parks & Recreation 3,063,327 3,086,084 - 1,351,331 1,351,331 1,734,753 Community Development 59,195 55,330 - - - 55,330 Total Capital Outlay 3,782,040$ 3,520,558$ -$ 1,351,331$ 1,351,331$ 2,169,228$ Excess of revenues over expenditures (2,906,540)$ (2,770,058) 62,115$ (705,231)$ (705,231)$ 2,064,827$ OTHER FINANCING SOURCES (USES) Transfer Out to General Fund/Admin -$ -$ -$ -$ -$ -$ Transfer Out to Capital Projects Fund/Road - (234,135) (58,534) (58,534) (58,534) 175,602 Total other financing sources and uses -$ (234,135)$ (58,534)$ (58,534)$ (58,534)$ 175,602$ Net change in fund balances (2,906,540)$ (3,004,194) (763,765)$ (763,765)$ Fund balance - beginning 3,004,194 3,004,194 3,004,194 3,004,194 Fund balance - ending 97,654$ 0$ 2,240,429$ 2,240,429$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2020 11 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ -$ Interest Revenues (Regions)- 170,338 1,626 115,166 115,166 (55,172) Contributions & Donations - - - - - - Total revenues -$ 170,338$ 1,626$ 115,166$ 115,166$ (55,172)$ EXPENDITURES Capital Outlay General Government Buildings 13,853,347$ 13,853,347$ 238,002$ 7,938,112$ 12,592,061$ 1,261,286$ Fire 3,706,563 3,706,563 120,000 120,000 393,987 3,312,576 Fiscal Agent's Fees - 114,971 - 114,971 114,971 - Issuance Costs - 387,932 - 387,932 387,932 - Bond Principal - 8,511,627 - 8,511,627 8,511,627 - Bond Interest - 528,509 528,509 528,509 528,509 - Total Capital Outlay 17,559,910$ 27,102,950$ 886,512$ 17,601,152$ 22,529,087$ 4,573,863$ Excess of revenues over expenditures (17,559,910)$ (26,932,612)$ (884,886)$ (17,485,986)$ (22,413,922)$ 4,518,690$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ 1,158,509$ 1,158,509$ 1,158,509$ 1,158,509$ -$ Transfers out to General Fund - - - - - - Revenue Bond Proceeds 19,106,563 27,493,663 - 27,493,663 27,493,663 - Total other financing sources and uses 19,106,563$ 28,652,172$ 1,158,509$ 28,652,172$ 28,652,172$ -$ Net change in fund balances 1,546,653$ 1,719,560 11,166,186$ 6,238,250$ Fund balance - beginning (1,546,653) (1,546,653) (1,546,653) (1,546,653) Fund balance - ending -$ 172,908$ 9,619,533$ 4,691,598$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended June 30, 2020 12 of 13 Amount Percent Yield Money Market - Quantum Bank 5,386,967 16%0.54% GA Fund 1 14,487,745 43%0.25% GA Fund 1 (TSPLOST)13,854,216 41%0.25% Grand Total Investment Portfolio 33,728,928 100% Current Month YTD Current Month YTD Interest earned 5,224 175,080 2,855 114,535 Budgeted interest 10,036 179,892 9,580 121,261 Variance over/(under)(4,812) (4,812) (6,725) (6,725) General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending June 30, 2020 13 of 13 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 27, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Task Order between the City of Milton and BM&K, PC for Asphalt Reconstruction & Resurfacing Project MEETING DATE: Monday, August 3, 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: __________ August 3, 2020 X X X X To: Honorable Mayor and City Council Members From: Robert Drewry, Public Works Director Date: Submitted on July 27, 2020 for the August 3, 2020 Regular City Council Meeting Agenda Item: Approval of a Task Order between the City of Milton and BM&K, PC for Asphalt Reconstruction & Resurfacing Project _____________________________________________________________________________________ Project Description: The City of Milton issued an RFP for City Program Management Services including inspection services for construction projects. This task order is for inspection services on the Asphalt Reconstruction and Resurfacing Project. The services to be provided under this task order shall ensure control of work on the project and shall provide for continuous project inspection, oversight, and administration of the construction. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 335-4101-521205000 Requisition Total: $20,250 Vendor: BM&K, PC Financial Review: Bernadette Harvill, July 23, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis LLP, July 18, 2020 Attachment(s): Task Order MI LTON*4 ES MUSHED] TASK ORDER TO PROVIDE CONSTRUCTION INSPECTION SERVICES FOR THE Asphalt Reconstruction & Resurfacing Project THIS TASK ORDER between the parties is entered into pursuant to the above -referenced Professional Services Agreement (RFQ #17-PW01), incorporated herein by reference, and shall serve as authorization by City of Milton to BM&K, P.C. (referred to herein alternately as "Consultant and 'BM&K") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the Professional Services Agreement, 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: Description of Services: The City is requesting construction inspection services for the Asphalt Reconstruction and Resurfacing Project. The services to be provided under this task order shall ensure control of work on the project according to GDOT Standard Specification Section 105 and shall provide for continuous project inspection, oversight, and administration of the construction. Included are performing materials testing and certifying that all material suppliers and materials conform to the requirements of the contract, plans, and specifications; support in review of invoices, contractor progress reports, billing documents, and any other backup information on a monthly basis; maintaining accurate and thorough project records; and keeping a daily project diary for the project. Timing: This task order will be completed when the construction project is fully complete, which is estimated to be in 30 days, unless sooner terminated in writing (for any reason) by the City. Compensation: This task order shall not exceed $20,250.00 Uased upon the rates that are part of the Agreement. Attachments: The following documents are incorporated by reference and compliance with these documents are a material term of tlus Task Order: GDOT Specification Section 105 - Control of Work and Asphalt Reconstruction and Resurfacing ITB dated April 21, 2020 Approved by City Mayor Date Council Approved as to form: City Attorney 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 � F: 678.242.2499 info@cityofmiltonga.us � www.cityofmiltonga.us © O © O MI LTON'� ERABlI5t1ED }pp5 CITY OF MILTON: si Date: Name: 7 nn! GL�2 t Date: %-7 7 -lam Zr� 2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 � F: 678.242.2499 infoCe?ciiyofmiltonga.us � www.cifyofmiltonga.us © O © O CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 27, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Change Order #4 to the Professional Services Agreement between the City of Milton and InterDev, LLC to Decrease vCIO/Project Manager Hours, Increase Technical Support and to Account for Annual Escalator MEETING DATE: Monday, August 3, 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 August 3, 2020 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted July 24, 2020 for the August 3, 2020 Regular City Council Meeting Agenda Item: Approval of Change Order #4 to the Professional Services Agreement between the City of Milton and InterDev, LLC to Decrease vCIO/Project Manager Hours, Increase Technical Support and to Account for Annual Escalator _____________________________________________________________________________________ Project Description: On October 22, 2018, the city of Milton entered into a professional services agreement with InterDev, LLC to provide comprehensive IT and GIS managed services. The initial contract provided 20 hours per month of vCIO and IT/Project Manager hours. After the first year of operations, a change order was approved that increased these hours to 96 hours per month based on an assessment of the actual hours needed to manage the services properly. This position provided both technical and administrative oversight of the Information Services Department. Since February of this year, the IT Manager position has been vacant, but is being back filled with Level 2 and 3 engineers and the vCIO. This has covered the technical oversight, but the administrative piece has been handled by City Manager Steve Krokoff and in-house IT Manager Dave Frizzell, whose focus has previously been managing high-level support tickets and special projects. We asked InterDev to press pause on filling the IT Manager position because we needed to re-evaluate the responsibilities of the position and the needs of the city. After many discussions with InterDev and Dave Frizzell, we’ve determined the administrative functions (contracts, purchasing, budget, etc.) should be managed in-house by Dave. Additional help desk support would be required to take on the support ticket load that was previously handled by Dave. In this change order you’ll see a decrease in the vCIO/Project Manager hours back to 20 hours per month and an offsetting increase in the Monthly Tech Support Fee from $124.80 per user to $150 per user. This will allow for the vCIO/Project Manager to still perform their responsibilities and will increase the help desk support function. An overall decrease in the monthly contract of $2,062 will be realized. Along with the personnel changes, we are also including the annual escalator in this change order. Our agreement allows for an increase up to 4% each year. InterDev has proposed a 3% increase starting on January 1, 2021. Coupled with the personnel changes, the escalator will increase the monthly contract by $1,222.50. Procurement Summary: Purchasing method used: Contract Addendum Account Number: 100-1535-523850127 Requisition Total: FY2020: Decrease PO20119 $(4,124) FY2021: $528,502 Vendor DBA: InterDev, LLC Financial Review: Bernadette Harvill, July 27, 2020 Legal Review: Sam VanVolkenburgh with Jarrard & Davis, LLP, July 16, 2020 Concurrent Review: Steven Krokoff, City Manager Attachment: Change Order #4 to InterDev, LLC Agreement 1 CHANGE ORDER #4 FOR PROFESSIONAL SERVICES AGREEMENT Comprehensive Managed IT and GIS Services WHEREAS, the City of Milton, Georgia and InterDev, LLC, have entered into a Professional Services Agreement (the “Agreement”) dated October 22, 2018, as subsequently amended by Change Orders #1, #2 and #3 (collectively the “Agreement”), incorporated herein by reference; and WHEREAS, the parties desire to change the Contract Price of the Agreement and add to the Agreement Scope of Work, it being to the mutual benefit of all parties to do so; NOW THEREFORE, the parties agree to amend the Agreement as follows: 1. The following amendments will be deemed effective August 1, 2020: a.Exhibit B Cost Proposal is amended by replacing “vCIO and Project Manager (96 hours per month)” with “vCIO and Project Manager (20 hours per month)” and replacing the Monthly Cost text of “$7,987.20” with “$1,664.00.” b.Exhibit B Cost Proposal is further amended by replacing “Monthly Tech Support Fee (per user fee $124.80 x 175 users)” with “Monthly Tech Support Fee (per user fee $150 x 175 users)” to provide for an increase in help desk support, with the monthly cost correspondingly increased from $21,840 to $26,250. The parties further agree that pursuant to Section III.B, any users subsequently added or subtracted will result in a $150 (rather than $124.80) adjustment in the monthly price (subject to further increase as described in Paragraph 2 below). c.Exhibit B Cost Proposal is further amended by replacing “Proactive Monitoring and Patching - $1,029” with “Remote Support Access and Patch Management - $880”. d. Section III.B is amended to update the cost for Standard IT services provided from $32,361/month to $30,299/month. e. InterDev agrees that the E-verify-related provisions (including affidavits) of the Agreement shall apply equally to the added services. 2. A 3% increase in the rate for vCIO, Monthly IT Tech Support Fee and GIS Analysts services will take effect January 1, 2021. An updated table of standard contract costs (not including add-on services) is as follows: Time Period Cost for Standard IT Services Provided Cost for Standard GIS Services Provided Total Monthly Cost August 1, 2020 – December 31, 2020 $30,299/month $12,826/month $43,125.00 2 January 1, 2021 – December 31, 2021 $31,136.50/month $13,211/month $44,347.50 Total Cost:$747,795.00 3. All other provisions of the Agreement not inconsistent with this Change Order #4 shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] 3 IN WITNESS WHEREOF, the parties have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. CONTRACTOR: INTERDEV, LLC By: Print Name: Its: Member/Manager Date: Attest/Witness: Print Name: Its: CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Date: Attest: Print Name: Sudie Gordon Its: City Clerk Approved as to form: City Attorney Attest/Witness: Gary Nichols, CEO 07/16/2020 Nathan Holder Account Manager CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 28, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Change Order #1 to the Goods and Services Purchase Agreement between City of Milton and Utility Associates, Inc. for Interview Room Cameras in the New Public Safety Complex MEETING DATE: Monday, August 3, 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 August 3, 2020 X X To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on July 15, 2020 for the August 3, 2020 Regular City Council Meeting Agenda Item: Approval of a Change Order to Goods and Services Purchase Contract between the City of Milton and Utility Associates Inc. for Interview Room Cameras in the New Public Safety Complex _____________________________________________________________________________________ Project Description: The City of Milton entered into goods and services purchasing contract with Utility Associates for the purchase of In-Car and Body Worn Camera System on March 4, 2019. The City solicited ITB’s for the purchasing and installation of In- Car and Body Worn Camera System. This change order is for the addition of three interview new cameras in the new police building that work on the same platform and program as the In-car systems. Procurement Summary: Purchasing method used: Contract Addendum Account Number: 360-1565-541300100 Requisition Total: $28,800 Vendor DBA: Utility Associates Financial Review: Bernadette Harvill, July 2, 2020 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, July 8, 2020 Attachment(s): Change Order HOME OF 'THE BEST GUAM OF LIFE IN GEORGIA' F 'Irk ✓ _� .� �% _.� ��'v ` ESTABLISHED 2006 CHANGE ORDER #1 FOR GOODS AND SERVICES PURCHASE CONTRACT MILTON POLICE DEPARTMENT WHEREAS, the City of Milton, Georgia ("City") and Utility Associates, Inc. ("Contractor") have entered into a Goods and Services Purchase Contract for an in -car and body worn camera system (the "Agreement") incorporated herein by reference; and WHEREAS, the parties desire to issue a change order pursuant to Section 6 of the Agreement, it being to the mutual benefit of all parties to do so; NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. Section 2 of the Agreement is amended to add additional Goods as follows: a. Contractor shall provide the following Goods for three police interview rooms. Each room will be provided with: i. One Overt Camera ii. One Wall Switch iii. One Wall Mounted Microphone iv. One RocketIoT DVR and Communications Hub b. The Goods shall be delivered promptly so as to allow the Parties to meet the deadline for complete installation and implementation set forth below. c. The Goods will become property of the City upon full payment to Contractor. 2. Section 3 of the Agreement is amended to add additional Services as follows: a. Contractor shall install the Goods as part of a fully functional interview room camera system. The installation shall take place in accordance with the timing elements discussed in the attached "Scope of Work Agreement" document, Exhibit B hereto. b. The AVail Web Software -as -a -Service provided pursuant to the original Agreement shall also be provided for the new interview room system. 3. Section 4 of the Agreement is amended to provide that $28,800.00 in additional compensation will be paid to Contractor. One single invoice for payment will be provided by Contractor upon completion of installation of the three interview room systems, and payment will be provided by the City within 30 days of receipt of the invoice. 4. All of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as expressly modified herein. Without limiting the foregoing, the parties specifically agree that the Goods and Services added by this Change Order shall have warranties equivalent to the warranties supplied for Goods and Services in the original Agreement and the Goods and Services shall in all other respects conform to the requirements for Goods and Services set forth in the Agreement. LT 5. The Contractor's "Sales Quote 11916" is attached hereto as Exhibit A and the Contractor's "Scope of Work Agreement" is attached hereto as Exhibit B, and both are included as part of this Change Order. The additional terms set forth therein will apply to the extent not inconsistent with the body of this Change Order. IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set fortis next to each signature. Inc. Signature: Print Name: J ol Its: Presi ent/Vice President (Corporation) Date: U 61 [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: Print Name: tUTC110 E W 4114 r Title: C, A, (D (Assistant) Corporate Secretary (required if corporation) CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor Date: [CITY SEAL] Attest: Signature: Sudie Gordon, City Clerk Approved as to form: City Attorney 2 MI LIONIP EXHIBIT "A" ni, UTILITY Utility Associates Inc 250 East Ponce De Leon Avenue Suite 700 Decatur GA 30030 (800) 597-4707 www.utility.com Bill To Milton GA Police 13000 Deerfield Parkway Milton GA 30004 Ship To Milton GA Police 13000 Deerfield Parkway Milton GA 30004 Sales Quote Customer Milton GA Police Date 03/20/2020 Sales Quote# 11916 Expires 04/30/2020 Sales Rep Chiera, Vincent PO# Terms Net 30 Item Description Quantity Price Each Amount IOTRM-H-4001-X Rocket IoT Interview Room -To Remain Active - 3 $9,600.00 $28,800.00 Concurrent with BodyCamera and In -Car AWL Web Subscriptions - Includes Standard Installation Description Interview Rooms Include the Following. 1. Unlimited AVaiLWeb Access and Storage with Existing BodyWorn Contract 2. One Overt Camera at $500 3. One Wall Switch 4. One Wall Mounted Microphone 5. RocketloT DVR and Communications Hub at $1200 6. Installation in a standard Interview Room Payment will be required within 30 Days of Job Completion. Customer owns all hardware upon receipt of full and timely payment to UA, Inc. Full warranty will apply, so long as the Milton Police Department maintains active AVaiL Web Services. Signature: _ Name: Title: Date: This transaction is subject to the terms and conditions laid forth in UA's Customer Service Agreement. See https://www.bodyworn.com/service-agreement for additional details. Please forward all inquiries ...... y.corr. 1 of 2 UTILITII Sales Quote Utility Associates Inc Customer Milton GA Police 250 East Ponce De Leon Avenue Date 03/20/2020 Suite 700 Sales Quote# 11916 Decatur GA 30030 Expires 04/30/2020 (800) 597-4707 www.utility.com Sales Rep Chiera, Vincent PO# Terms Net 30 Bill To Ship To Milton GA Police Milton GA Police 13000 Deerfield Parkway 13000 Deerfield Parkway Milton GA 30004 Milton GA 30004 Subtotal $28,800.00 Sales Tax (0%) $0.00 Total $28,800.00 This transaction is subject to the terms and conditions laid forth in UA's Customer Service Agreement. See https://www.bodywom.com/service-agreeme for additional details. Please forward all inquiries 2of2 EXHIBIT "B" 0 Utility Associates, Inc. 250 E. Ponce De Leon Ave STE700 Decatur, GA 30030 Scope of Work Agreement - City of Milton Police - UA Interview Rooms Vendor: Utility Associates, Inc. (UA herein) 250 E. Ponce De Leon Ave, STE700, Decatur, GA 30030 POC: Vincent Chiera, Jr. — Inside Sales Manager, p. 678-799-0640 or vchiera@utility.com Client: City of Milton (Police Department) 13000 Deerfield Parkway, STE 107F, Milton, GA 30004 POC: Sgt. Scott Mulvey — p. 678-242-2491 Proiect Summary — UA Deliverables: Successful Installation and Training of Three (3) Interview Room Systems (as priced; Attachment A — Quote #11916) 1. Schedule of Onsite Survey to Assess Current State of Proposed Installation Location(s) 2. Installation Date: Within 30-45 Calendar Days from Completion of UA Site Survey Assessment 3. All DVRs will be installed in a centralized location with cables for microphones and cameras run to rooms specified by the Client 4. Milton Leadership will have Ethernet cables run to the central location for DVR docking. This should be done when our Field Technicians arrive on site 5. The installation plan is to have all the wire run the first day onsite 6. On Day 2 and Day 3 the Utility team will install and configure the DVRs, cameras, etc., 7. The last day will be for overflow and training on the new system 8. All equipment should arrive within 30 days of PO issuance to UA 9. Every Interview Room System (Qty. of 3) will be Equipped with the following: a. One (1) Rocket IoT DVR Communications System b. One (1) Overt Camera c. One (1) Wall -Mounted Microphone d. One (1) Illuminated Wall -Mounted Activation Switch 10. Optional Items ($500 ea.) a. Covert Smoke Detector Camera b. Covert Yard Stick Camera 0 Utility Associates, Inc. 250 E. Ponce De Leon Ave STE70O Decatur, GA 30030 Scope of Work Agreement - City of Milton Police - UA Interview Rooms Client Responsibilities: 1. Milton PD will furnish a local project manager, on-site, and available during deployment to: o Coordinate access to all install locations for each interview room o Provide access to service equipment areas deemed necessary for installation 2. Milton IT support will be available during installation and training 3. Site access allowed for Utility Field Technicians from at least 8:00 am to 5:00 pm each day, as scheduled 4. Installations will require access between the interview rooms and location of the DVR's as well as ladders o UA requests that the Client provide our technicians with one or two ladders o (please advise if unable to accommodate) Timing: 1. Sales Order processed when PO is received 2. UA will Assign a PM 3 Welcome Letter/ Kickoff Call 4. Site Survey - Most Cases 2-4 weeks after kick-off call. This is a must on Interview Rooms: UA will have a clear understanding of Camera Placement and Material Rooms are made of 5. FSD Installation - Most Cases Minimum 2 weeks after Site Survey Out of Scope Changes/Charges (if required): 1. Any additions to the scope of work that is not listed above in the Project Summary should be escalated to UA POC for approval and are subject to a change order as well as possible re -pricing. 2. These changes to the agreed upon scope of work should be addressed with the UA Manager and with the customer POC before any work is conducted 3. Site delays due to facility availability, IT services and/ or activations, etc. are defined as customer responsibility action item(s). Such delays will be charged to the customer at a rate of $1,395 per engineer, per each additional day of on-site required, (outside of the SoW) to billed in half-day increments 4. If UA Field Engineer(s) experience any delays on-site related to the Vendor, UA will remain on-site to correct the issue(s) and the customer will not be billed for the resultant out -of -scope charges. 0 Utility Associates, Inc. 250 E. Ponce De Leon Ave STE700 Decatur, GA 30030 Scope of Work Agreement - City of Milton Police - UA Interview Rooms Client POC: UA POC: Vincent Chiera, Jr. — Inside Sales Manager (Print Name) Signature: Date: Date: April 10, 2020 Utility Associates, Inc. 250 E. Ponce De Leon Ave STE700 Decatur, GA 30030 Scope of Work Agreement - City of Milton Police - UA Interview Rooms Attachment —A nUTILITY Assadazes IrrC 250 PPonce Oe Leon AYerlae suile -M Decatur GA 30030 (MM 5N -4m a3N Ta Miton GA 1 OOM d3000 h11. GA3D004parkwaLy SALES QUOTE cuxbDaker MIM GA Pntke Data Sales Quote # Expires Sales 120 #P Terms Ship To Mime GA Powe 13000 Deeffield Mon GA 30004 MFUJ-144091 Rocket JOT Intentiew Room -To Remain Acme - GOWWrant widr Bo�tl and In -Car A{IUl Web Sri nc ipOans- Indudes laslaftwo Interview Roams Intlude the Foflowing. 1'_ unlimited AVaGWeb Access and Skx pe with Existing 2O ert Camera at $508 3.One wa Swkh 4.One W'ad M uniad Mimaphone 5_ RodM16T DVR and Canm miea000s Hub at $1200 fi_ IroteFlatim in a atandwd Interview Room 11916 4l3QF2= Ciders, Vmwnt Net 30 3 $800-00 28,800.OG Tote) $28,808.00 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 28, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Berry, Dunn, McNeil & Parker, LLC for Strategic Planning Services MEETING DATE: Monday, August 3, 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: __________ August 3, 2020 X X X X To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted July 27, 2020 for the August 3, 2020 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Berry, Dunn, McNeil & Parker, LLC for Strategic Planning Services _____________________________________________________________________________________ Project Description: As we near the completion of the 2016-2020 Strategic Plan, we have begun preparing for the planning process to develop our next five-year strategic plan. In May 2020, we issued a request for proposals for strategic planning services. We received ten bids. Our review team evaluated the bids and interviewed a shortlist of three firms. Berry, Dunn, McNeil & Parker, LLC (BerryDunn) stood out as the best fit for Milton and was unanimously chosen by the review team as the top pick. This planning process will incorporate a comprehensive engagement phase that includes feedback from citizens, business owners, councilmembers, other committee members, and employees. There will be an environmental scan phase that takes into consideration the city’s various other plans, documents and surveys, such as our Comprehensive Transportation Plan, Parks Master Plan, and National Citizen Survey results. Since the city is about to kick-off the planning process for our 2040 Comprehensive Plan, we intend to also include any relevant information gathered from those stakeholder meetings. This project will result in a Strategic Plan that will guide our operational plans and budget decisions for the next five years. Procurement Summary: Purchasing method used: RFP Account Number: 100-1320-521200000 Requisition Total: $ 53,400 Vendor DBA: Berry, Dunn, McNeil & Parker, LLC Financial Review: Bernadette Harvill, July 27, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis LLP, 7/18/20 Concurrent Review: Steven Krokoff, City Manager Attachment: Professional Services Agreement 1 dsd PROFESSIONAL SERVICES AGREEMENT THIS 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 (hereinafter referred to as the “City”), and Berry, Dunn, McNeil & Parker, LLC, a Maine limited liability company (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. 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: I. SCOPE OF SERVICES AND TERMINATION DATE A. 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” – City Solicitation Documents Exhibit “B” – Consultant Response/Proposal Exhibit “C” – Scope of Work 2 Exhibit “D” – Contractor Affidavit Exhibit “E” – Subcontractor Affidavit Exhibit “F” – Key Personnel B. Project Description. The “Project” at issue in this Agreement is generally described as: provide consulting services to assist in the development of the City’s 5-Year Strategic Plan. C. The Work. 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 “C”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit “C”, 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 or Work Order, 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. D. Schedule, Completion Date, and Term of Agreement. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner. All Work shall be performed in substantial accordance with the Consultant’s proposed schedule set forth in Exhibit “B”, provided that all date in that schedule will be adjusted to reflect the Effective Date of this Agreement as the schedule start date (rather than July 15, 2020). In any event, absent unreasonable delay on the part of the City all Work shall be completed by January 31, 2021. The term of this Agreement (“Term”) shall commence as of the Effective Date, and expire upon completion of and payment for all Work (provided that certain obligations will survive termination/expiration of this Agreement). If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60- 13, shall terminate absolutely and without further obligation on the part of City on September 30 each fiscal year (October 1 – September 30) of the Term, and further, that this Agreement shall automatically renew on October 1 of each subsequent fiscal year absent City’s provision of written notice of non-renewal to Consultant at least five (5) days prior to the end of the then current fiscal year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. II. WORK CHANGES A. Change Order Defined. A “Change Order” means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. A Work Order assigning Work under this Agreement for a price that is under the aggregate Maximum Contract Price and within the Scope of Work is not a “Change Order.” B. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Consultant. 3 C. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. 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. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City’s receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices for the fixed price of each phase of work shall be submitted at the completion of the applicable phase, as shown in Exhibit “B”. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $53,400.00 (the “Maximum Contract Price”), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon the flat fee (consisting of sub-elements for each phase of Work) as stated in the Cost Proposal listed in Exhibit “B”. C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: There shall be no separate reimbursement for costs. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant; Licenses, Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this 4 Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. 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. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant’s profession and industry. Consultant shall take no calculated risk in the performance of the Work. 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. C. 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. Consultant acknowledges and agrees that the acceptance 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. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant’s performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant’s Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant’s Representative. Seth Hedstrom 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. 5 F. 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 City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall indemnify and hold harmless City and City’s elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees and costs of defense (“Liabilities”), to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This 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. In any and all claims against an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. 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 actions or omissions that occurred during the performance of this Agreement. H. 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. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. 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 of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. 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. It is further 6 understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. 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 hereto. 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. I. Insurance. (1) Requirements: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non-owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by Consultant’s errors, omissions, or negligent acts. (d) Workers’ Compensation limits as required by the State of Georgia and Employers’ Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia’s Workers’ 7 Compensation Act, Consultant must secure Workers’ Compensation coverage approved by both the State Board of Workers’ Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers’ Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ ___N/A_______ per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers’ Liability, and Professional Liability. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City’s elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually “Insured Party” and collectively “Insured Parties”) shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to 8 the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Consultant’s insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (b) Workers’ Compensation Coverage. The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Consultant under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. 9 (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder’s rate of no less than “A-” and with a financial rating of Class VII or greater. The Consultant shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Consultant shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Consultant is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Consultant’s insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. City reserves the right to require complete, certified copies of all required insurance policies at any time. Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Consultant shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims-Made Policies: Consultant shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers’ Compensation policy. (10) Progress Payments: The making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in this Agreement. 10 J.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 “D” and “E” (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 “D”, 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 “E”, 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. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant’s and Consultant’s subcontractors’ verification process at any time to determine that the verification was correct and complete. Consultant and Consultant’s subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant’s 11 subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant’s failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. 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.] [DESIGNATE/MARK APPROPRIATE CATEGORY] _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. K.Records, Reports and Audits. (1)Records: (a)Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement (“Records”) shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b)All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety 12 of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City’s computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City’s representative(s) for examination all Records. Consultant will permit City or City’s representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City’s representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City’s office. Further, Consultant shall permit City or City’s representative(s) to observe and inspect any or all of Consultant’s facilities and activities during normal hours of business for the purpose of evaluating Consultant’s compliance with the terms of this Agreement. In such instances, City or City’s representative(s) shall not interfere with or disrupt such activities. L. 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. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. 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 13 order. M. 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. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City’s disclosure of documentation is governed by Georgia’s Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. N. Key Personnel. All of the individuals identified in Exhibit “F”, attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant’s Project Manager or members of the Project team, as listed in Exhibit “F”, without written approval of City. Consultant recognizes that the composition of this team was instrumental in City’s decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination. O. Meetings. Consultant is required to meet with City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant’s Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. 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. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, 14 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 Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. 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. R. 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. S. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Consultant to prepare, develop, or draft specifications or requirements for a solicitation (including bids, requests for proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict-of-interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Consultant, the Consultant’s employees, or the Consultant’s agents or subsidiari es, 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. V. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. 15 B. City’s Representative. __Stacey Inglis__ shall be authorized to act on City’s behalf with respect to the Work as City’s designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. VI. TERMINATION A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City’s failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant’s breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process, in the form specified by City. 16 G. Reservation of Rights and Remedies. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. MISCELLANEOUS A. Entire Agreement. 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. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. 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. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. 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. D. 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. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day-to-Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City’s Representative (named above) for City and 17 Consultant’s Representative (named above) for Consultant. (2) Official Notices. All other 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 given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NOTICE TO CITY shall be sent to: Procurement Manager City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: Berry Dunn McNeil & Parker, LLC Attn: Seth Hedstrom 100 Middle St Portland, ME 04101 G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City’s right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express 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. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights. 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. J. Sovereign Immunity; Ratification. 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. 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. 18 K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City’s elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant’s performance of services under this Agreement shall not subject Consultant’s individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. 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. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a 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. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Majeure. Neither City nor Consultant shall be liable for its respective non- negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Consultant; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Consultant’s breach of any term of this Agreement shall be considered a material breach of the entire Agreement 19 and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONSULTANT: Berry Dunn McNeil & Parker, LLC Signature: Print Name: � Title: [CIRCLE ONE] Member anager (Limited Liability Company) [CORPORATE SEAL] (required if corporation) Attest/Witness; Signature: Print Name: - 4 Title: r4ii o. SZ ) -7 (Assistant) Corporate Secretary (required if corporation) Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor Im [CITY SEAL] EXHIBIT “A” CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 20-CM01 RFP Title: Strategic Planning Services Due Date and Time: June 16, 2020 @ 2:00 PM EST **Pending updates relating to COVID-19 the City may conduct the bid opening via a virtual meeting. Responding offerors will be emailed a meeting link should the need to hold this type meeting arise. Number of Pages: 47 ISSUING DEPARTMENT INFORMATION Issue Date: May 21, 2020 City of Milton Finance Department 2006 Heritage Walk Milton, Ga. 30004 Phone: 678-242-2500 Website: www.cityofmiltonga.us INSTRUCTIONS TO CONSULTANTS Electronic Submittal: **Bids must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us If you have not registered as a vendor via BidNet we encourage you to register. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasing Group. Mark Face of Envelope/Package: RFP Number: 20-CM01 Name of Company or Firm Special Instructions: Deadline for Written Questions June 5, 2020 at 5:00 p.m. EST Email questions online via the BidNet Direct procurement portal at www.cityofmiltonga.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS CONSULTANTS MUST COMPLETE THE FOLLOWING Consultant Name/Address: Authorized Consultant Signatory: (Please print name and sign in ink) Consultant Phone Number: Consultant FAX Number: Consultant Federal I.D. Number: Consultant E-mail Address: CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE Table of Contents Topic Page 2 | RFP 20-CM01 TABLE OF CONTENTS Description Page Number Firm’s RFP Checklist ......................................................................................................... 3 Disclosure Form ............................................................................................................... 4 Proposal Letter ................................................................................................................ 5 Contractor Affidavit and Agreement (eVerify) ........................................................... 6 Schedule of Events ......................................................................................................... 7 Section 1: Project Overview and Instructions ............................................................. 8 1.0 Statement of Intent.................................................................................................... 8 1.1 Single Point of Contact ............................................................................................. 8 1.2 Required Review ........................................................................................................ 8 1.3 Submitting Proposals ................................................................................................. 9 1.4 Firm’s Certification ................................................................................................... 11 1.5 Cost of Preparing Proposals ................................................................................... 12 Section 2: RFP Standard Information ......................................................................... 12 2.0 Authority .................................................................................................................... 12 2.1 Firm Competition ..................................................................................................... 12 2.2 Receipt of Proposals and Public Inspection ......................................................... 12 2.3 Classification and Evaluation of Proposals ........................................................... 13 2.4 Rights Reserved ........................................................................................................ 15 Section 3: Scope of Project ........................................................................................ 15 3.0 Background .............................................................................................................. 15 3.1 Scope of Work .......................................................................................................... 17 3.2 Minimum Qualifications .......................................................................................... 18 Section 4: Firm’s Proposals .......................................................................................... 19 4.0 City’s Right to Investigate ....................................................................................... 19 4.1 Firm Informational Requirements ........................................................................... 19 Section 5: Cost Proposal ............................................................................................. 19 Section 6: Evaluation Criteria ..................................................................................... 19 Section 7: Standard Contract Information ............................................................... 21 7.0 Standard Contract .................................................................................................. 21 7.1 Additional Contract Provisions and Terms ............................................................ 21 7.2 Subconsultant .......................................................................................................... 21 7.3 General Insurance Requirements .......................................................................... 21 7.4 Compliance with Worker’s Compensation Acts ................................................. 21 7.5 Compliance with Laws ............................................................................................ 22 7.6 Contract Termination .............................................................................................. 22 Sample Standard Contract ......................................................................................... 23 3 | RFP 20-CM01 CONSULTANT’S RFP CHECKLIST The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton 1._______Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; funding amount and source; contract requirements (i.e., contract performance security, insurance requirements, performance and/or reporting requirements, etc.). 2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is the only person you are allowed to communicate with regarding the RFP and is an excellent source of information for any questions you may have. *Please note that attempts to contact anyone other than Honor Motes, Procurement Manager during the open solicitation period can result in disqualification. 3._______Attend the pre-qualifications conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the City of any ambiguities, inconsistencies, or errors in the RFP. 4._______Take advantage of the “question and answer” period. Submit your questions to the procurement officer by the due date listed in the Schedule of Events and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the City’s website at http://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP. 5._______Follow the format required in the RFP when preparing your response. Provide point-by- point responses to all sections in a clear and concise manner. 6._______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the City or evaluation committee will know what your company capabilities are or what items/services you can provide, even if you have previously contracted with the City. The submittals are evaluated based solely on the information and materials provided in your response. 7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc. 8. _______Check the website for RFP addenda. Before submitting your response, check the City website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. _______Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. _______Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Consultant response. 4 | RFP 20-CM01 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Consultant __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 5 | RFP 20-CM01 City of Milton RFP# 20-CM01 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal #20-CM01 – City of Milton Strategic Planning Services. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name_________________________________ Print/Type Company Name Here_______________________________________________ 6 | RFP 20-CM01 CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization _________________________________ Name of Contractor Strategic Planning Services 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: _________________________________ SCHEDULE OF EVENTS Task Date Issue RFP May 21, 2020 Deadline for Questions June 5, 2020 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, June 10, 2020 Proposals Due By 2:00 p.m. EST on June 16, 2020 Award Contract July 20, 2020 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 8 | RFP 20-CM01 SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS 1.0 STATEMENT OF INTENT The City of Milton (City) is seeking proposals from highly qualified consulting firms (Firms) to assist in the development of a citywide 5-year strategic plan (the Plan). The successful Firm must have extensive strategic planning experience, including the ability to conduct all required research, coordinate and facilitate a community visioning process, and create a Plan document suitable for public review and presentation. 1.1 SINGLE POINT OF CONTACT From the date this Request for Proposals (RFP) is issued until a Firm is selected, Firms are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes, Procurement Manager. Any unauthorized contact can disqualify the Firm from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 2006 Heritage Walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cityofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Firms should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Firms with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to the procurement office referenced above on or before 5 PM (EST) on June 5, 2020. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. C. City’s Answers. The City will provide an official written answer to all questions on or about June 10, 2020. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to 9 | RFP 20-CM01 this RFP will not be binding upon the City. Any formal written addendum will be posted alongside the posting of the RFP at http://www.cityofmiltonga.us . Firms must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, the Firm agrees to acceptance of the City’s standard contract. Much of the language included in the standard contract reflects requirements of State law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the Firm’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Firm’s ability to respond to the RFP or perform the contract. The City reserves the right to address non-material, minor, insubstantial requests for exceptions with the highest scoring Firm during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Firms submitting a response to this RFP. E. Mandatory Requirements. To be eligible for consideration, a Firm must meet the intent of all mandatory requirements. The City will determine whether a Firm’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.3 SUBMITTING PROPOSALS Firms must organize their proposal into sections that follow the following format. This RFP is for one proposal that includes all potential phases of this project. A. Submittal Requirements. Proposals should be as thorough and as detailed as possible, so the City may properly evaluate the Firm’s capabilities to provide the required services. The total submittal length should not exceed fifty (50) pages with a minimum font size of 11. The cover page, table of contents, tabs and required forms do not count toward the page limit. Firms are required to submit the following information/items as a complete proposal: 1. Cover Page: City of Milton request for proposal cover page 10 | RFP 20-CM01 (information entered and signed: first page of this document) 2. Table of Contents 3. Letter of Transmittal (in no particular order): a. Brief history of the Firm, including date founded, corporate structure, and type of ownership; b. A summary of qualifications and related experience; c. Statement of understanding of the work to be done; and d. Explanation of why the Firm believes itself to be the best qualified to perform the work. 4. Technical Proposal: a. Methodology. Provide a clear articulation of the Firm’s proposed methodology in managing and implementing this project as specified in the Scope of Work. b. Project Management. Identify who will serve as the City’s project representative and the contact information for whom all contract related correspondence shall be forwarded. For each key team member that will be dedicated to the contract, provide a brief resume that indicates how long they have been with the Firm, their current position, and a brief summary of their job description and relevant experience. c. Schedule. Include an implementation schedule with a final report delivery date and note key project milestones and timelines for deliverables. Identify any assumptions used in developing the schedule. d. Expertise. Include a list of three (3)examples of relevant written work related to strategic planning, with no less than one example prepared on behalf of a local government organization or comparable entity. e. References. List five (5) of the most recent relevant professional references and include their contact information. 5. Required Documents: a. City of Milton request for proposal cover page (information entered and signed: first page of this document) b. City of Milton Disclosure form (signed) c. City of Milton Proposal letter (information entered) d. Contractor Affidavit and Agreement (eVerify) e. Applicable Addenda Acknowledgement Forms, if necessary 6. Pricing (See Section 5.0) Firms must organize their proposal into sections that follow the format of Section 1.3 and Section 5.0. 11 | RFP 20-CM01 B. Failure to Comply with Instructions. Firms failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. Proposals must be submitted electronically via Milton’s BidNet procurement portal/platform at www.cityofmiltonga.us . Proposals will be opened at approximately 2:30 p.m. and names of Firms will be announced. **Pending updates relating to COVID-19, the City may conduct the bid opening via a virtual meeting. Responding offerors will be emailed a meeting link should the need to hold this type meeting arise. D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Firm’s sole risk to assure proposals are submitted via the BidNet Direct procurement portal by the designated time. Late proposals will not be accepted. 1.4 FIRM'S CERTIFICATION By submitting a response to this RFP, the Firm agrees to an understanding of and compliance with the specifications and requirements described in this RFP. 1.5 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Firm. The City is not liable for any expense incurred by the Firm in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and the Firm resulting from this RFP process. 12 | RFP 20-CM01 SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 FIRM COMPETITION The City encourages free and open competition among Firms. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: 1. Bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; 2. Matters involving individual safety as determined by the City of Milton; 3. Any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the Firm; and 4. Other constitutional protections. B. Procurement Manager Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from the Firm’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes for additional information. 13 | RFP 20-CM01 Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Firms must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS A. Initial Classification of Proposals as Responsive or Nonresponsive. Proposals may be found nonresponsive at any time during the evaluation process or contract negotiation, if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the qualification is not within the specifications described and required in the RFP. If a qualification is found to be nonresponsive, it will not be considered further. B. Determination of Responsibility. The procurement office will determine if the Firm has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Firm or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Firm. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the Firm’s proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Firms outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Firm being disqualified from further consideration. 14 | RFP 20-CM01 E. Opportunity for Discussion/Negotiation and/or Oral Presentation/ Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Firms should clarification or negotiation be necessary. Firms may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Firms should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Firm’s expense. F. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. G. Request for Documents Notice. Upon concurrence with the evaluation committee’s recommendation for contract award, the procurement manager may issue a “Request for Documents Notice” to the highest scoring Firm to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the “Request for Documents Notice” does not constitute a contract and no work may begin until a contract signed by all parties is in place. H. Contract Negotiation. The procurement manager and/or city department representatives may begin contract negotiation with the responsive and responsible Firm whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Firm fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Firm. I. Contract Award. Contract award, if any, will be made to the highest scoring Firm who provides all required documents and successfully completes contract negotiation. 15 | RFP 20-CM01 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: A. Modify, cancel or terminate this RFP, B. Reject any or all proposals received in response to this RFP, C. Select a Firm without holding interviews, D. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, E. To request further documentation or information, and to discuss an RFP submittal for any purpose in order to answer questions or to provide clarification, F. Award a portion of this RFP or not award any portion of this RFP if it is in the best interest of the City not to proceed with contract execution; or G. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. SECTION 3: SCOPE OF PROJECT 3.0 BACKGROUND Incorporated in 2006, the City of Milton has established itself as a successful, vibrant community that values citizen engagement, protection of our rural character, and, above all else, providing the best quality of life to those we serve. Located at the northernmost tip of Fulton County, the City occupies over 39 square miles and serves an estimated population of around 40,000. Following are charts demonstrating the demographic makeup of our City. 16 | RFP 20-CM01 The City operates under a Council-Manager form of government. Policy-making and legislative authority are vested in a governing City Council consisting of the Mayor and six Councilmembers, all elected on a non-partisan basis. The City Manager has the authority and responsibility to carry out the policies set forth by the Council; provide for the effective and efficient delivery of municipal services; and direct and supervise the administration of all departments. The City provides a full range of services, including police and fire protection, economic development, planning and zoning, the construction and maintenance of streets and other infrastructure, and parks and recreational programs and activities. 17 | RFP 20-CM01 The City’s first strategic plan was adopted in 2012. This plan covered a 3-year period from 2012 to 2015 and can be viewed at https://www.cityofmiltonga.us/government/city-manager/strategic-plan/ . The second strategic plan covered the 5-year period from 2016 to 2020 and is what currently shapes our budgetary decisions and operational strategies for delivering services. It can be viewed at https://www.cityofmiltonga.us/lib/file/manager/2016- 2020%20Milton%20Strategic%20Plan.pdf . Most of the goals, objectives and initiatives have been successfully completed, achieved or engaged in some phase of implementation. Of those objectives that have not been fully realized or initiated, a small portion could be considered no longer valid or relevant; however, consideration should be given to those elements to determine if they are carried forward into the new Plan or omitted altogether. In 2019, the City conducted a community survey in partnership with National Community Survey and the International City-County Managers Association. Almost all residents (95%) rated the quality of life in Milton as excellent or good. The City scored either higher than or similar to national averages for overall livability, except specific to mobility. The survey results can be viewed at https://www.cityofmiltonga.us/news/135/2019-national-citizen-survey-results/ The City is aware that there are a variety of perspectives, models and approaches available to develop a strategic planning document; therefore, the successful Firm should be able to discern which model(s) will best enable the City to complete its organizational and programmatic goals listed in the Scope of Work. 3.1 SCOPE OF WORK As envisioned, the scope of work for this proposal will primarily consist of, but not necessarily be limited to, the following tasks: A. Conduct a needs assessment/environmental scan. This should include evaluating existing planning documents, the City’s organizational information, budget information, and other related documents available on the City’s website (www.cityofmiltonga.us) to understand current strategies and assess how they should be included in the Plan. Here is a non-exhaustive list with hyperlinks to several of our documents for review: a. Milton’s Comprehensive Plan (Note: development of a new plan is currently underway); b. Milton’s Comprehensive Transportation Plan (CTP); c. North Fulton Comprehensive Transportation Plan; d. Downtown Milton/Crabapple Placemaking Plan; e. Milton’s Comprehensive Parks and Recreation Master Plan; and f. Milton’s Trail Plan – to be adopted in June 2020 18 | RFP 20-CM01 g. Fiscal Year 2020 Budget h. Popular Annual Financial Report (PAFR) FY 2019 i. Comprehensive Annual Financial Report (CAFR) FY 2019 B. Facilitate a visioning process that includes engagement with and input from citizens, businesses, elected officials and City staff. It is important to note that we have three distinct commercial nodes within the City: Crabapple, Birmingham Crossroads and Highway 9/Deerfield. It is imperative that each node is included in the Plan. The visioning process should include a public education component and allow for both active and passive involvement. Meetings should be conducted in a way that ensures conversations are forward-looking, action-oriented and encourages the participants to move towards creating a shared future. The City is open to consideration of any techniques used to encourage engagement in the Plan. C. Facilitate the revision or affirmation of the vision, values and mission statements of the City based on the analysis of the community visioning process. D. Identify any conflicting values or visions and facilitate a way to balance the conflict. E. Develop a clear set of goals and objectives that support the values and visions articulated in the visioning process and clarify how these goals will be achieved with action steps and target completion dates. F. Facilitate the development of performance metrics – key indicators and outcomes that can serve as a basis for performance measures for the City. G. Produce a workable planning document that has broad community support, clearly outlines the community vision and identifies distinct goals, objectives and action steps to achieve the community’s vision. The selected Firm shall provide regular progress reporting and will closely coordinate its planning services schedule with the City and its designated project management team. The Firm shall be required to provide a primary point of contact to the City for the duration of the project and shall be expected to attend regular project status and management meetings. The Firm shall provide monthly progress reporting and forecasting of future phases of the project. 19 | RFP 20-CM01 3.2 MINIMUM QUALIFICATIONS The Firm must satisfy all the minimum qualifications. Failure to satisfy them at the time the proposal is submitted may result in the immediate rejection of the proposal. The Firm must continue to satisfy the minimum qualifications throughout the term of the contract. The minimum qualifications are: A. Professional experience and educational background in facilitating strategic plans, marketing plans or similar endeavors; B. Experience in organizing and facilitating projects, working with multiple citizen focus groups, and managing task forces or working committees; C. Experience with municipal clients; D. Have been in existence as a business entity for a minimum of five years performing services similar in nature to the services required in this RFP. SECTION 4: FIRM’S PROPOSALS 4.0 CITY’S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the consultant to provide the supplies and/or perform the services specified. 4.1 FIRM INFORMATIONAL REQUIREMENTS Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. SECTION 5: COST PROPOSAL Cost Proposal shall be submitted on the Firm’s own form in a separate file with the Firm’s name and RFP 20-CM01– Strategic Planning Services Cost Proposal clearly identified on the file by the required deadline. Feel free to provide as much detail as necessary. There is no maximum page limit to section 5. 20 | RFP 20-CM01 SECTION 6: EVALUATION CRITERIA 6.0 EVALUATION CRITERIA The evaluation committee will review and evaluate the quality and completeness of each proposal as it addresses the requirements of the RFP. The committee will select one or more Firms based on (1) technical merit, as demonstrated in the proposal and oral presentations, if any, and (2) reasonableness of proposed compensation structure. Technical merit will be given more weight than compensation structure, and will take into account the following items regarding the Firm’s capabilities to perform the required scope of services: A. Firm’s background and history and overall ability to provide required services (20 pts) B. Experience of the Firm in providing formal strategic planning services to current and prior clients, particularly to those in the State of Georgia (20 pts) C. Qualifications of the Firm (25 pts), including: a. Organization, size and structure of the Firm; b. Qualifications of the assigned staff (education, position in the Firm, and years and types of experience will be considered); and c. Location and accessibility of the Firm and of the staff to be assigned. D. General understanding of the project and the Firm’s proposed approach or methodology for rendering the required services. (30 pts) E. References (5 pts) Total Possible Technical Points Available are 100 points. 1. Interviews and Demonstration If applicable, short-listed Firms will be invited to make a presentation to the City of Milton. At this time, they can provide live demonstrations and discuss the benefits with the City. Questions and answers will follow the presentation. 2. Final Ranking Upon completion of the interviews and demonstrations, the evaluation committee will rank the short-listed proposals based on a combination of the evaluation scores and presentation scores. The Cost Proposals will only be considered for the Firms in the short-listed proposals. The top-ranked proposal will be recommended for contract award, pending successful negotiations. There will be a maximum of 10 points awarded for Cost. 21 | RFP 20-CM01 SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix A. The Firm should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the Firm’s RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation. The City reserves the right to address any non- material, minor, insubstantial exceptions to the standard contract with the highest scoring Firm at the time of contract negotiation. 7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS This RFP and any addenda, the Firm’s RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City’s standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring Firm. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 SUBCONSULTANT The highest scoring Firm will be the prime Firm if a contract is awarded and shall be responsible, in total, for all work of any sub-consultants. All sub-consultants, if any, must be listed in the proposals. The City reserves the right to approve all sub- consultants. The Firm shall be responsible to the City for the acts and omissions of all sub-consultants or agents and of persons directly or indirectly employed by such sub-consultants, and for the acts and omissions of persons employed directly by the Firm. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City. 7.3 GENERAL INSURANCE REQUIREMENTS See sample contract. 7.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT The Firm is required to supply the City of Milton with proof of compliance with the Workers’ Compensation Act while performing work for the City. Neither the Firm nor its employees are employees of the City. The proof of insurance/ 22 | RFP 20-CM01 exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE WITH LAWS The Firm must, in performance of work under this contract, fully comply with all applicable federal, state, or local laws, rules and regulations, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub-consulting by the Firm subjects sub-consultants to the same provision. The Firm agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. ~ SAMPLE CONTRACT INTENTIONALLY OMITTED ~ RFP 20-CM01 Addendum #1 1 | P a g e ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 20-CM01 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 RFP 20-CM01 Addendum #1 2 | P a g e ADDENDUM #1 RFP 20-CM01 This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: Questions and Answers: 1) What parts of previous strategic planning processes do you wish to retain, and which parts do you wish to improve or discard? We would like a more robust engagement process with our citizens, businesses, council and staff. It is imperative that the chosen consultant have strong facilitation skills to guide us through this process and to keep the participants on task. Other than that, we do not have a strong desire to retain or discard any other parts of our previous planning processes. We are relying heavily on the expertise of the chosen consultant to come up with a process that has proven success. 2) Do you have an incumbent who provides similar services to those described in the RFP? If yes, what advantage, if any, would such a vendor have in competing for the current project? What was most and least useful about the experiences? No, we do not have an incumbent. This is an open solicitation. If a previous consultant submits a proposal, it will be considered along with the other proposals. Their previous work with us does not automatically put them above others. 3) What is your budget or budget range or how much have you spent on similar work in the past? We have budgeted between $30k-$60k for this strategic plan. 4) What is your preferred modality for meetings (in-person, virtual)? We’re open to incorporating a mix of in-person and virtual meetings/outreach. 5) If there is a face-to-face facilitator, can there also be a virtual facilitator? We don’t see this as a problem as long as the process isn’t hindered in any way. 6) Do you have a preference for local consultants or any other preferences? Our purchasing policy allows for non-qualifications based evaluation criteria such as a consultant having a local presence. This can be used when a local presence will add value to the quality and efficiency of the project. For this RFP, we did not include this requirement in our criteria; however, if the proposals score the same, preference will be given to the local consultant. Please note, it is rare for proposals to score the same. 7) What staff resources will be devoted to provide support to the consultant in this engagement? RFP 20-CM01 Addendum #1 3 | P a g e The city manager and assistant city manager will be the main points of contact for this project. We expect the consultant to provide a project manager that will manage the progress of the project and report back to the city manager and assistant city manager. Other resources will be devoted, as necessary. 8) Is there an expectation for ongoing support in implementing the Strategic Plan, once adopted? If so, should we be including that in the bid and the estimation of costs? At this time, we do not have an expectation for ongoing support, but we would be interested in what that looks like. If you would like to include this service as an optional additional service (quoted separately), we would consider it. 9) Why are you choosing to outsource this project rather than staffing it internally? We do not have the resources or the capacity to handle this project internally. We also understand that consultants bring a certain expertise that we aren’t able to duplicate internally. 10) Will answers to questions from all potential vendors be shared among them? Yes, they will be published in a formal addendum to the RFP. 11) Will we be able to learn who the other bidders are? After the specified due date/time in the RFP, any interested parties may email their request for Record of Offerors to: honor.motes@cityofmiltonga.us 12) In our proposal, may we include references and hyperlinks to electronic resources, e.g, to web pages? Yes, as long as it adds value to the proposal. 13) What opportunities/pain-points have you identified with existing strategic plans that we should account for in our RFP? What, if anything, has been implemented to address these opportunities/pain-points; and what have been the results? Our current strategic plan lacks vision—literally. Our vision statement is in the present tense. It lacks strategic focus with clearly identifiable metrics. The York Region in Canada has developed a strategic plan (2019-2023) that incorporates all of the critical aspects of an effective plan including the integration and direction from longer-term plans (Vision 2051). It clearly illustrates where the region will be going during the 5-year period, how it will get there, when, and how to determine success (metrics). You can view that plan HERE. 14) What prior planning development approaches have been used, and how did they work out? The current strategic plan included input from the elected officials and the city’s management team during a two-day retreat. It also took into consideration the results of the statistically valid community survey. While this approach took less time to create a plan, we felt like the process was completed in a vacuum. As mentioned in the answer for question #1, we would like a more robust engagement piece to be included in our next strategic planning process. 15) Should we account for a detailed assessment and strategy deliverable and a higher- level consumer formatted deliverable like the most recent strategic plan? RFP 20-CM01 Addendum #1 4 | P a g e We would like for the consultant to account for the processes and produce an end-product that addresses the scope of work outlined in the RFP. The finished product should be in an easily digestible format that we can present to the community. This should be a turn-key document. 16) Other than the city survey, what metrics/measurements are currently utilized that identifies the result of programs already implemented and managed? Do these current metrics/measurements need to be revised/enhanced/maintained? We have been working on internal departmental metrics, but we are struggling with determining if they are the right metrics and what they are indicators of. Our desire for the consultant is to focus on helping the staff develop the performance metrics that will measure the success of implementing the goals and objectives identified in the strategic plan. 17) Are there any new metrics/measurements that the city identified as needed to track program results? Are new metrics/measurements expected to be included in the RFP? Our current strategic plan lacks the performance measures and metrics. The desire is for the consultant to help us develop these for the new goals and objectives identified in the plan. 18) Once the business is awarded, what is the desired timeline for completing the deliverables in the winning organization's RFP? We would like for everything to be wrapped up in 4-5 months. 19) What city resources will be made available to help implement, manage and track this effort? Please refer to the answer for question #7. 20) To assist our firm with planning a properly scaled project, is there a budget or budget range for this project? Thank you. Please refer to the answer for question #3. 21) On Page 10, Section 4d, you ask for “Expertise. Include a list of three (3) examples of relevant written work related to strategic planning, with no less than one example prepared on behalf of a local government organization or comparable entity.” Do you want three strategic plans? Or different kinds of written work related to strategic planning, such as one strategic plan, one environmental scan, and one implementation action plan or agenda from a strategic planning workshop? Our initial expectation was for the consultant to provide 3 examples of strategic plans. If you would like to also provide different kinds of written work, that would be welcomed. 22) Has the City identified a budget for this project? Please refer the answer to question #3. 23) Are there incumbent(s) that you have used for your past Strategic Planning Initiatives that will be in consideration for this opportunity? If so, could you please disclose? Please refer to the answer to question #2. EXHIBIT “B” 1. CITY OF MILTON REQUEST FOR PROPOSAL COVER PAGE A PROPOSAL TO PROVIDE STRATEGIC PLANNING SERVICES TO BENEFIT THE CITY OF MILTON BerryDunn 100 Middle Street Portland, ME 04101 207-541-2200 Seth Hedstrom, Principal shedstrom@berrydunn.com Michelle Kennedy, Project Manager mkennedy@berrydunn.com Proposal Submitted On: June 16, 2020 before 2:00 PM in response to RFP #20-CM01 2. TABLE OF CONTENTS | i 2. TABLE OF CONTENTS 1. CITY OF MILTON REQUEST FOR PROPOSAL COVER PAGE .............................................. 2. TABLE OF CONTENTS ............................................................................................................ i 3. LETTER OF TRANSMITTAL ................................................................................................... 1 3.1 Introduction to BerryDunn.................................................................................................... 1 3.2 Statement of Understanding ................................................................................................ 2 4. TECHNICAL PROPOSAL ........................................................................................................ 3 4.1 Methodology ........................................................................................................................ 3 4.2 Project Management ........................................................................................................... 9 4.3 Schedule ........................................................................................................................... 14 4.4 Expertise ........................................................................................................................... 14 4.5 References ........................................................................................................................ 16 5. REQUIRED DOCUMENTS ..................................................................................................... 19 APPENDIX A: EXPANDED RESUMES ..................................................................................... 23 APPENDIX B. SAMPLE STRATEGIC PLANS .......................................................................... 35 3. LETTER OF TRANSMITTAL | 1 3. LETTER OF TRANSMITTAL June 16, 2020 City of Milton Ms. Honor Motes, Procurement Manager Finance Department 2006 Heritage Walk Milton, Georgia 30004 Dear Ms. Motes: Berry Dunn McNeil & Parker, LLC (BerryDunn) is pleased to submit this proposal in response to the City of Milton’s (the City’s) Request for Proposals (RFP) #20-CM01 to provide Strategic Planning Services. We have read the RFP, understand its contents, and agree to the terms and conditions therein. Our proposal is a firm and irrevocable offer valid for 90 days from the proposal due date of June 16, 2020. 3.1 Introduction to BerryDunn BerryDunn is a consulting firm with a Government Consulting Group dedicated to serving state, local, and quasi-governmental agencies. We are a Limited Liability Company (LLC) formed in 1974 with 48 principals and 21 owners, each holding an equal share of the firm’s ownership. We are a stable and well-established firm that has preserved our core values and reputation for excellence throughout our longstanding history. We have provide a full range of professional services, including IT and management consulting; tax, audit, and accounting services; and wealth management services. BerryDunn employs more than 500 staff members (including over 200 in our Government Consulting Group), and has a long and successful history of working with state and local agencies across the country in support of management, organizational development and IT initiatives. BerryDunn is headquartered in Portland, Maine, and serves our more than 300 clients nationally through our seven office locations. Our team members have decades of years of experience conducting similar projects. Each team member has served in various roles in the process, including as project managers, facilitators, research analysts, and subject matter experts. Through this experience, our team members have become experts in all facets of facilitating, communicating, visioning, and organizational and strategic planning in the public sector. As a result of lessons learned and gained perspective, we understand and recognize the value in establishing trust and credibility with stakeholders. To effectively and efficiently do so by engaging them throughout the planning process to help ensure that all voices are heard, opinions are considered, and buy-in for change is built early on. Our proactive approach and meticulous attention for detail makes us successful in what we do and the best support system to help the City achieve its goals and objectives for its upcoming strategic planning project. 3. LETTER OF TRANSMITTAL | 2 3.2 Statement of Understanding The City of Milton is dedicated to providing high-quality of life to its community. With its values rooted in citizen engagement and preservation of its rural character, it is critical that the City establishes a strategic plan that reflects the City’s goals as well as those of the community. The previous strategic plans, developed by the City, did not include a community vision. However, the fact the City’s plans from 2012 and 2016 were both actionable was the reason most of its goals, objectives, and initiatives were achieved. We want to continue that trend and help the City assess its current environment by way of community engagement, visioning, and strategic planning to develop a plan with a clear community vision for Milton that promotes buy-in from the community and supports its desire to provide an excellent quality of life. A main goal for the plans we create is that the plans are actionable and accurately depicts what is unique and the shared vision of the community. As a reflection of our understanding of the City’s needs, we have outlined our key attributes that we think will be most valuable in the success of this project in the infographic to the right. As a principal in our Local Government Consulting Group, I am authorized to bind BerryDunn to the commitments made herein. Should you have any questions regarding our proposal or updates on the evaluation process, please do not hesitate to contact me directly. Sincerely, Seth Hedstrom, PMP®, LSSGB | Principal 100 Middle Street, Portland, Maine 04101 207-541-2212 | shedstrom@berrydunn.com 4. TECHNICAL PROPOSAL | 3 4. TECHNICAL PROPOSAL 4.1 Methodology Our Approach to the City's Project Our team will engage City staff and stakeholders in ways that will maximize creativity and innovation and inspire collaboration and consensus for a future vision. We will help to develop a plan that you can reasonably implement. The results of this plan will help the City to achieve subsequent adoption and implementation. A quality strategic plan defines the organization’s reason for being, establishes a compelling vision, sets measurable objectives, and, most importantly, establishes the vision for the impact on the community and the value-add to residents. Our success in designing and facilitating an effective process for developing strategic plans comes from adhering to key principles and using an approach that applies best practices, lessons learned, and facilitation and planning tools tested over time with success. Our strategic planning approach includes: 1.Achieving consensus and quickly moving groups to action. We will design and conduct a well-facilitated process that uses data and personal knowledge to assess the City’s environment. Our team uses the ICA ToP® facilitation methodology to help ensure planning sessions are highly collaborative and inclusive of all stakeholders. ToP® emphasizes structured participation that pulls information into the group’s thinking process and creates a clear intention, helping members of the group align with one another and form consensus. Structured participation encourages the values shown in Figure 1. Figure 1. Values Encouraged by Structured Participation 2.Facilitating high participant engagement. We understand that the City is seeking a highly interactive strategic planning process that engages participants to provide a shared sense of responsibility for what the group decides together. To achieve optimal engagement, we will use visual presentations of trend data and issues analysis, combined with participatory activities that are part of the ToP® methodology, to inspire creative ideas from those in the process. 3.Utilizing the ToP® methodology. The ToP® methodology is designed to help ensure all voices are heard and consensus is gained quickly. We augment our facilitation with various applications that further facilitate group participation. For example, we use UMU and Everywhere Polling to allow participants to rank their ideas in-the-moment, tele-town 4. TECHNICAL PROPOSAL | 4 halls for quick topic-specific input, and Social Pinpoint to allow residents to effortlessly join discussions virtually and share what matters most to them. 4.Encouraging crossing boundaries and strengthening interdependencies. Strategies are broad themes for action, and successful strategies will often cross organizational and community boundaries and appeal to several environmental factors. We will help stakeholders recognize these interrelationships and critical interdependencies, identifying how these align with overall strategic goals. 5.Applying effective tools for choosing and prioritizing strategies and investments. Another key to success is aligning financial resources of the organization with strategic priorities. When groups have difficulty agreeing on priorities or selecting just a few to focus on, we use a cost-benefit scoring sheet that helps the group score the impacts, risks, level of difficulty, and effort for each strategy to determine the ones to prioritize. We can customize this tool for use with the City if the group is having difficulty achieving consensus. 6.Developing clear and compelling plans that articulate a business case with a shared vision for strategic direction, goals, objectives, and investments. We will write strategic goals, initiatives, and actions in a common language and evoke a clear picture of success to serve as a useful tool for the City’s decision-making. Our team has facilitated strategic planning retreats and written clear, compelling strategic plans for more than 30 public sector entities and system-level plans involving multiple levels of government, jurisdictions, and agencies. Our clients use these plans to drive budget decisions, execute strategies, and publish the results to communicate with stakeholders and the public. Overview of Our Proposed Project Work Plan Below and on the following pages we provide a proposed project work plan to engage a broad and comprehensive group of the City’s stakeholders in developing a unified vision by way of a strategic plan. The strategic plan will set realistic achievable targets for the City’s ongoing evolution for the next several years. Our overall project approach and proposed work plan is focused on engaging a broad range of stakeholders including residents, business and property owners, city officials, administration, staff, and all others that will take part in the City’s future potential. The community visioning methods we will use received a national award for public engagement from the National Association of Counties. Our proposed project work plan consists of a four-phase approach and is as outlined in Figure 2 on the following page. 4. TECHNICAL PROPOSAL | 5 Figure 2. Proposed Project Work Plan Overview Details of Our Proposed Project Work Plan PHASE 1: PROJECT INITIATION AND PLANNING 1.1 Facilitate teleconference to conduct project planning and discovery session with the City project team. BerryDunn will conduct an initial project planning and discovery session with the City’s executive committee to identify project milestones and expectations for stakeholder and public engagement in the community visioning and strategic planning processes. We will introduce key team members, clarify project goals and objectives, identify known project constraints, and refine dates and/or tasks, as appropriate. We will discuss our approach for managing communications between BerryDunn and the City, as well as our approach to scope, risk, and resource management. As part of this meeting, we will identify stakeholder individuals and groups to include in the community engagement process. These discussions will inform the development of the draft Project Work Plan and Schedule. 1.2 Develop draft Project Work Plan and Schedule. Based on the information gathered from our project planning and discovery session, we will develop the Project Work Plan and Schedule, which will outline the tasks and timelines for each phase of the strategic planning process. The Project Work Plan and Schedule will also address the stakeholders to include, and agreed-upon procedures between BerryDunn and the City related to project control, including quality management and deliverable submission/acceptance management. 1.3 Facilitate teleconference with the City’s project team to review draft Project Work Plan and Schedule and update to final. After providing draft versions of these materials in advance, BerryDunn will facilitate a teleconference to review the drafts and solicit feedback. This teleconference will introduce the project team to our document review process and provide an opportunity for the City to share input on a critical step in the project. We will incorporate the City’s feedback and finalize the documentation which we will then distribute to the City in final form. Deliverable 1 – Project Work Plan and Schedule 1.4 Develop Biweekly Status Updates. Our project manager, Michelle Kennedy, will provide Biweekly Status Updates to the City’s project manager on an ongoing basis throughout the City’s project. These updates, conducted via teleconference, will describe the activities and accomplishments for the reporting period, plans for the upcoming month, risks or issues encountered during the reporting period, and anticipated problems that might impact project deliverables. We will also use these status updates to review any work products and 4. TECHNICAL PROPOSAL | 6 PHASE 1: PROJECT INITIATION AND PLANNING approaches that will contribute to development of deliverables. Deliverable 2 – Biweekly Status Updates PHASE 2: ENVIRONMENTAL SCAN 2.1 Review City documentation and data. BerryDunn will request and review documents and data that will help us produce an environmental scan that will inform community and stakeholder engagement activities. These documents and data might include, but not be limited to: •Strategic Plans: 2012-2015 and 2016-2020 •Strategic initiatives/key project descriptions •Milton Comprehensive Plan •Milton Comprehensive Transportation Plan •North Fulton Comprehensive Transportation Plan •Fiscal Year 2020 Budget •Popular Annual Financial Report Fiscal Year 2019 •National Citizen Survey results •Performance measures’ data •Economic, workforce, and population trends •Downtown Milton/Crabapple Placemaking Plan •Milton Comprehensive Parks and Recreation Plan •Milton Trail Plan •Comprehensive Annual Financial Report FY 2019 2.2 Develop and distribute communications to inform its stakeholders and the public of community visioning forums. BerryDunn will assist the City in developing communications to inform its stakeholders and the public of the opportunity to participate in community visioning forums. This will include messaging sent through a variety of channels, including social media, email, the City’s website, news articles, public announcements, and promotional materials for distribution by community-based organizations and stakeholder groups. 2.3 Develop questions for surveys, interviews, and focus groups. In order to further understand how staff stakeholders view the environment and issues of strategic importance and to gather additional information for the environmental scan, our team will develop staff and stakeholder surveys and questions to help guide one-on-one interviews and focus groups. We will review the surveys and questions with the project team to build consensus and solicit feedback. Some of the topics we will address in the interviews and surveys are: •What current and/or emerging trends have the biggest influence on where the City’s efforts and resources should be focused? •What are the potential scenarios that should be prepared for in the coming two to five years? •What is the most pressing problem or concern facing the City? •What is the City’s long-term vision for the lives of its residents? •What are the most important/critical community needs the City can address in the near future? 4. TECHNICAL PROPOSAL | 7 PHASE 2: ENVIRONMENTAL SCAN •What opportunities could more effectively leverage the City’s existing resources and capacity to achieve better outcomes for residents and businesses in terms of the City’s programming, service delivery, and investments across the community? •What does the City desire to address or accomplish on behalf of its residents and community businesses? 2.4 Conduct internal and external web-based surveys and analyze results. Prior to issuing surveys, we will upload survey questions using an online survey too, such as Survey Monkey, to customize its presentation to reflect the project and the survey audience, conduct a quality assurance review, and pilot the survey prior to issuing to internal and external stakeholders. As part of the process, our team will also develop a distribution email which will share the survey link with participants, monitor results and participation levels, and provide support for any questions survey participants might have about the process or the survey tool. The surveys’ layout will include an introduction to explain the project background, goals, and objectives, and a set of survey questions to help assess the City’s current environment. While the survey remains active and open for participation, we will provide the project team with updates on the number and percentage of participants that have responded to the survey and, if necessary, prepare a follow-up email reminding participants of the importance of completing the survey to encourage increased involvement. 2.5 Conduct internal and external stakeholder interviews and focus groups. During on-site visit #1, the BerryDunn team will conduct stakeholder interviews in both one-on-one and group settings to inform the development of the Environmental Scan. We expect these interviews and focus groups to include the Mayor and City Council members, other elected officials, department directors, and key community stakeholders, among any other groups the City deems important to this process. During these interviews, we will address topics to help us understand the environment, unaddressed or unmet needs of the community, strategic opportunities to carry out its mission, and improvements to programming and service delivery. 2.6 Develop environmental scan presentation based on the qualitative and quantitative data gathered. We will synthesize our findings and analysis from the document and data review into a highly-visual and compelling slide deck to present at the beginning of the community visioning sessions and to inform the strategic planning process. The presentation will present the current state of the City, as well as emerging community trends and opportunities for future focus and investment. The community forum agenda design described in Task 3.1 will also be incorporated into the presentation. By utilizing this presentation will provide participants with the instructions and visual cues necessary to fully engage in the facilitated discussions. 2.7 Facilitate meeting with project leadership to review environmental scan and community vision presentation and update to final. We will facilitate a teleconference with the City’s project leadership to review the draft presentation and solicit feedback. We will then incorporate the input gathered to create a final draft of the presentation. Deliverable 3: Environmental Scan and Community Vision Presentation 4. TECHNICAL PROPOSAL | 8 PHASE 3: COMMUNITY VISIONING 3.1 Develop the meeting design and agenda for the community visioning forums. We will use the data from the Environmental Scan and ICA ToP® facilitation methodology to design a community forum format that is informative, highly-interactive, and engaging for all participants in developing a vision for the City. As described 4.1 - Methodology, Our Approach to the City’s Project, we will make creative use of digital applications such as UMU, Poll Everywhere, and Social Pinpoint’s community engagement portal. We will set the context for visioning using the Environmental Scan, which provides all participants with a shared understanding of the current state of the community, the trends that are affecting the City and its opportunities for the future. Then we will pose a focused question to the group to help them envision the future they want for the City of Milton, “It’s 2025 and Milton is exactly where you want to be, with all of what you most desire in a community, how is the City different than it is now? What has changed?” Typically we have small groups brainstorm the focused question, then expand it to a large group discussion and make use of polling to help the group narrow their ideas to a short, focused list of priorities. Deliverable 4: Community Visioning Forum Design/Agenda 3.2 Facilitate community forums and department visioning sessions. During on-site trip #2, we will have two team members on-site for one-and-a-half days to facilitate the community visioning forums. We have found community forums are most successful when held in the evening, followed by morning or midday forums for non-working participants. We will conduct a forum in each of the City’s three commercial districts in locations and facilities that are on public transit routes and will accommodate displays and small-group break-out discussions. 3.3 Synthesize community visioning forum input and prepare a Community Vision Report. The BerryDunn team will document the results of each community visioning forum and develop a report that will inform the strategic planning process. The results of these forums and meetings will include ideas for the City’s future vision, and a list of rank-ordered strategic priorities and opportunities for future focus and investment. 3.4 Facilitate meeting with project leadership to review the draft Community Vision Report and update to final. We will facilitate a teleconference with the City’s project leadership to review the draft report, solicit feedback, promote buy-in, and build consensus for the report. We will then incorporate the input gathered to create a final draft. Deliverable 5: Community Vision Report PHASE 4: STRATEGIC PLAN DEVELOPMENT 4.1 Develop a meeting agenda and design for mission, vision, values, goals and objective planning session and facilitate a meeting with City project leadership to review and finalize. We will develop an agenda for conducting a planning session with City leadership to revise and affirm the mission, vision, and values for the City and identify strategic goals, objectives, and actions for making progress towards the City’s goal, based on community input. The meeting design will focus on building consensus and further refining the strategic priorities identified during the environmental scan and community visioning process. We will then facilitate a teleconference with City project leadership to solicit feedback and update the meeting agenda and design to final. 4. TECHNICAL PROPOSAL | 9 PHASE 4: STRATEGIC PLAN DEVELOPMENT Deliverable 6: Mission, Vision, Values, Goals and Objective Planning Session Design/Agenda 4.2 Facilitate a strategic statement planning session with City leadership. Using the environmental scan and input from the community visioning forums as a foundation, the BerryDunn team will facilitate a planning session with the City Mayor, Council members, and other elected officials to reach consensus on a shared mission, vision, and values to guide the City’s strategic focus and the goals, objectives and actions that will move the City forward in achieving the its community vision. We will set initial target completion dates in this meeting and work with department leaders and their respective staff to refine these dates. We will then document the planning session outcomes to incorporate into the final strategic plan document. The same BerryDunn team members who facilitated the community visioning forums will facilitate the strategic planning session with City leadership for consistency and lessons learned carryover. 4.3 Facilitate the development of performance metrics with department managers and staff. Following the strategic planning meeting with City leadership, the BerryDunn team will design and conduct workshops with selected department managers and staff to develop key performance indicators and desired outcomes. We will organize a combination of department-specific and cross-department workshops, based on the strategic goals and objectives that are developed in the planning session with leadership. We will conduct these workshops virtually via a virtual meeting platform, such as Zoom or Microsoft Teams. 4.4 Develop the City’s 2021–2025 Strategic Plan. BerryDunn will draft the City’s five-year strategic plan in an agreed upon format for the final document. The document will include the City and community’s vision; mission and values; strategic goals, objectives, and actions to support the vision and values; and performance metrics for measuring progress. Once drafted, we will facilitate a teleconference with City leadership to gather input and suggestions for revisions. We will incorporate the input and provide a final draft of the strategic plan to City leadership for distribution. Deliverable 7: 2021-2025 Strategic Plan 4.2 Project Management In Figure 3 on the following page, we outline our proposed project team’s organizational structure. To best serve the City, we have carefully assembled a comprehensive team with the necessary expertise to best accommodate the goals and objectives for this project. 4. TECHNICAL PROPOSAL | 10 Figure 3. Proposed Project Team Organizational Structure Client Testimonial On the following page, we provide a testimonial from Cheryl Twete, Community Development Director for the City of Beaverton, OR who speaks to the value we provide our clients in projects such as the one requested by the City. “BerryDunn consults with an incredible amount of energy and enthusiasm for the work. They are excellent facilitators and strategically work to achieve the best outcomes possible. They are system thinkers about how to approach a given topic, so that the final products are well-constructed, realistic and viable.” Cheryl Twete, Community Development Director City of Beaverton, Oregon Our Government Consulting Group also includes more than 200 consultants who can help support the project team with efforts relating to fact-finding, research, and deliverable development, as needed. We anticipate drawing upon these resources when it will benefit the City’s project. 4. TECHNICAL PROPOSAL | 11 Seth Hedstrom, PMP®, LSSGB Project Principal Seth is a principal in BerryDunn’s Local Government Consulting Practice Area and brings extensive experience in project management. He has managed more than 50 enterprise process and technology planning projects over the course of 12 years with BerryDunn. Seth has led our clients through many of the complex decision points and issue-resolution processes typical of business process analysis and system selection projects, and facilitated focused review of business processes needing change. Through this work, Seth has provided business process improvement services for many clients, either as a stand-alone engagement or as part of an enterprise system selection. His experience includes documenting as-is business processes, benchmarking processes with similar organizations, introducing industry-best practices, developing to-be business process recommendations, strategic planning, and organizational assessments. As project principal, Seth will: •Build and maintain a productive relationship with the City •Participate in meetings with project leadership •Be actively engaged in all phases of our work •Provide oversight of our team •Maintain overall responsibility for the services provided to the City •Help ensure the commitment of our firm and that appropriate resources are allocated to the engagement •Review and approve deliverables • Michelle Kennedy, Prosci® CCP Project Manager and Lead Facilitator Michelle is a senior consultant in our Government Consulting Group and has more than 30 years of government sector management and consulting experience in organizational development, including strategic and business planning, leadership development and executive coaching, organizational assessments, organizational change management, program evaluation, business process improvement, and performance measurement. Michelle has provided consulting services and project leadership for state and local government agencies throughout the United States. She is a strong facilitator and is certified in several related areas including in the ICA ToP® facilitation methodology. Michelle has facilitated the development and writing of strategic plans for 30 public-sector organizations. As project manager, Michelle will: •Build and maintain a productive relationship with the City •Participate in meetings with project leadership •Serve as primary point of contact with the •Lead the analysis and development of project deliverables •Design the facilitation approach to the strategic planning process •Conduct on-site interviews and focus 4. TECHNICAL PROPOSAL | 12 City •Lead our work and perform day-to-day project management and staff oversight •Develop and maintain the Project Work Plan and Schedule •Provide subject matter expertise groups •Co-facilitate the strategic planning sessions •Oversee the development of deliverables •Present findings and recommendations to the City Michele Dotson, MPA, PMP®, CCMP™, Prosci® CCP Facilitator Michele is a manager in BerryDunn’s Local Government Consulting Practice Area and has been with BerryDunn for six years. She also has five years of prior municipal government experience. Her well-rounded perspective on local government operations informs her holistic approach to client engagements, balancing the business objectives of each project with strategies for gaining stakeholder buy-in for organizational changes. A Prosci® CCP and a Certified Change Management Professional, Michele contributes her expertise in managing change and shaping vision in the public sector for over 30 local government organizations. As facilitator, Michele will: •Build and maintain a productive relationship with the City •Participate in meetings with project leadership •Provide subject matter expertise •Conduct benchmark and best practices research •Conduct interviews and focus groups •Assist in the development of surveys •Assist in the design and facilitation approach to the strategic planning process •Co-facilitate the strategic planning sessions •Assist in the development of project deliverables •Present findings and recommendations Daryl Dixon Facilitator Daryl is an expert in strategic planning and community engagement initiatives, and policies and programs development that advances the organizations he serves. He is focused on developing and retaining a highly productive, diverse workforce. In these initiatives, Daryl develops long-term strategic goals while implementing short-term programs to meet these goals systematically. Daryl’s experience includes equity policy development and implementation, cross-cultural communications, cultural competency and diversity training, anti-bias training, leadership development, community engagement, team building and conflict resolution, and EEO investigation and mediation. Daryl has a strong presence in the organizational development industry and nationwide both as a consultant and as a public and on-site leadership seminar trainer and speaker. Some of Daryl’s key engagements include work with the Oregon Center for Educational Equity and Multnomah County, and the North Clackamas School District, OR. 4. TECHNICAL PROPOSAL | 13 As a facilitator, Daryl will: •Be actively engaged and support the project team throughout the project •Participate in data and document review and analysis •Help review and evaluate the City’s existing strategic planning work to date •Help facilitate community engagement efforts •Provide subject matter expertise •Support the facilitators in documenting and reporting the artifacts, work products, and outcomes of planning meetings •Help to develop strategic initiatives and recommendations Charline Kirongozi, MPA Research Analyst Charline is a consultant in our Local Government Consulting Practice Area and focuses on assisting public sector clients with implementation support. She joins BerryDunn with two years of prior public-sector experience and several years of field experience supporting and conducting field research, data collection, organizational reporting, and gap analysis and recommendations. Her experience also includes organizing and leading groups through the adoption of new ideas, concepts and promoting buy- in. She brings in-depth knowledge and involvement with strategic planning, change management, and relationship building through her strong communication, leadership, and project management skills. As research analyst, Charline will: •Be actively engaged and support the project team throughout the project •Participate in data and document review and analysis •Review and evaluate the City’s existing strategic planning work to date •Assist with community engagement activities •Support the facilitators in documenting and reporting the artifacts, work products, and outcomes of strategic planning meetings Lisa Paradis, MBA, CPRP Research Analyst Lisa is a senior consultant in our Local Government Consulting Practice Area’s Parks and Recreation Practice. She has more than 25 years’ experience as a public Park and Recreation Director, most recently in Brookline, MA. Lisa has helped many organizations and communities to embrace systemic challenges through action- oriented strategic planning and financial and organizational management. Her approach involves creating and implementing cost recovery plans, feasibility studies, strategic plans, and organizational assessments and understands the importance of a thoughtful, mission driven, community-centric, and implementable approach. As a research analyst, Lisa will: 4. TECHNICAL PROPOSAL | 14 •Be actively engaged and support the project team throughout the project •Participate in data and document review and analysis •Review and evaluate the City’s existing strategic planning work to date •Assist with community engagement activities •Support the facilitators in documenting and reporting the artifacts, work products, and outcomes of strategic planning meetings 4.3 Schedule Below in Figure 4, we outline our proposed project schedule as well as key delivery dates for our deliverables. We are happy to discuss this timeline in more detail with the City should any changes be desired and would expect to update and confirm key milestone dates as part of our initial project planning in Phase 1. Figure 4. Proposed Project Timeline 4.4 Expertise BerryDunn has been providing services similar to those requested by the City for more than 30 years. Through this experience, we have assisted public-sector clients with a variety of organizational development services, including: 4. TECHNICAL PROPOSAL | 15 •Strategic and business planning •Community engagement •Leadership development •Executive coaching •Organizational change management •Program evaluation •Business process improvement •Performance measurement In Table 1 below, we provide a representative list of clients that we have performed similar services for. We will leverage our experience and lessons learned from this background in our work with the City. Table 1: Representative List of Clients for Similar Services Representative Client List •Americorps of the Northwest •Association of Oregon Counties •City of Woodinville, WA •City of Beaverton, OR Community Development Department •City of Beaverton, OR Office of Neighborhood Involvement •City of Beaverton, OR Communications and Public Engagement •City of Tacoma, WA Human Services Division •Columbia River Land Trust •Lake County, Illinois •Local Government Personnel Institute •Marion County, OR •McHenry County, IL •Oregon Department of Community Colleges and Workforce Development •Oregon Cultural Trust •Oregon Department of Education •Oregon Department of Human Services (DHS) Aging and People with Disabilities Division •DHS Development Disabilities Services Division •Vocational Rehabilitation Division •Oregon Employment Department •Oregon Harbor of Hope Vision for Addressing the Needs of Portland’s Chronically Homeless •Oregon Governor’s Office •Oregon Youth Council •Oregon Secretary of State •Portland Development Commission •Portland State University •Providence Health System •Tualatin Hills Parks and Recreation District, OR •Washington State Traffic Safety Commission Strategic Plan for “Target Zero” •Willamette Valley Health Partnership •Worksystems, Inc. In Appendix B, we provide strategic plan samples of those clients bolded in the Table 1 above. Should the City require additional samples or project descriptions, we would happy to provide those upon request. 4. TECHNICAL PROPOSAL | 16 4.5 References Below we have highlighted project references that are representative of the level of service and satisfaction the City can expect if we are selected to partner on its upcoming initiative. City of Beaverton Oregon Organizational Development: Strategic Plan Development Ms. Cheryl Twete, Community Development Department ctwete@beavertonoregon.gov 503-246-2422 Provided coaching, leadership development and strategic planning facilitation to executive managers and teams within the City’s Community Development Department (CDD). Our project manager, Michelle Kennedy, is currently facilitating an update of the CDD’s strategic plan, performance measures, and progress reporting tools. The CDD’s strategic plan will align with the City’s Community Vision, Civic Plan, Urban Redevelopment Plan, and Mayor and Council priorities. The original plan was written by Michelle Kennedy, and includes the vision, mission, values, description of the current state, long-term goals, two years actions, performance measures, and a matrix that cross-walks CDD strategic goals with Community Vision goals and Civic Plan strategies. Michelle has also provided strategic planning facilitation for the Mayor’s Office programs. Lake County, Illinois Strategic Planning Ms. Jennie Vana, (former) Chief Communications Officer communications@lakecountyil.gov 847-377-2550 Designed and facilitated a comprehensive strategic planning process that included conducting a series of community forums to gain citizen views on the vision for the County and the most important priorities for townships, municipalities, and residents; facilitating the 21-member county board in a cost-benefit analysis of strategy alternatives; facilitating department-level meetings to identify new trends, challenges, and recommended areas of focus for the Board to consider in its deliberations; leading the Board and County Administrator in drafting a vision, mission, values, and strategic goals; and assisting staff in designing an on-line 4. TECHNICAL PROPOSAL | 17 survey to obtain public feedback on the proposed vision and goals. Ms. Kennedy wrote the original plan and has facilitated updates to the plan in 2009, 2011, 2013, 2015 and 2017. Oregon Department of Human Services (DHS) Strategic Planning Ms. Lilia Teninty, Director lilia.teninty@dhsoha.state.or.us 503-945-6918 Conducted a statewide process to develop a strategic plan for State’s system for serving people with intellectual and developmental disabilities. This project involved facilitating the input of an advisory group of more than 35 stakeholders to create of a shared vision and common strategic direction. At the beginning of this project, stakeholders were not aligned in their philosophy and approach to creating a system that was both fiscally sustainable and capable of adhering to the values of self- determination and person-centered services. By the time the engagement was complete, stakeholders were in agreement with the vision, goals, and priorities set forth in the strategic plan. Metropolitan Parks Tacoma, Washington Organizational Assessment and Leadership Development Mr. Shon Sylvia, Executive Director shons@tacomaparks.com 253-305-1072 Assessed the organizational structure and culture of the MPT as it relates to delivery of agency programs and services, including a review of senior leadership structures, roles, and styles, methods of knowledge and skill preservation within the organization, and current succession strategies and plans. Our designated team member assigned lead trainer, coach, and senior organizational development consultant for the MPT’s project previously developed and delivered a seven-course leadership academy for the district’s senior leadership team. 4. TECHNICAL PROPOSAL | 18 Dekalb County, Georgia Parks and Recreation Master Plan Mr. Will Hager, Senior Planner for Lose Design whager@lose.design 615-242-0040 Hired for a variety of tasks involved in the County’s Parks and Recreation Master Plan initiative, including program analysis; partnering analysis and public/private system considerations; changing and emerging role; budget analysis, fees, and charges; and staffing assessment and operational budget. The project is currently in progress with the following outcomes anticipated respectively: •Develop a strategic vision for the recreation program delivery process, identify any program gaps, and make recommendations for strengthening program and service offerings •Determine what agreements might be enacted to improve overall recreation delivery system and make optimal use of facilities •Support the County’s changing and emerging role as the key provider of leisure services (i.e. assist in the community engagement process and gain statistically valid survey results focused on brand, image, and level of trust) •Assess the parks budget to determine the current level of per capita spending and compare to the full County budget and those similar surrounding communities •Work with County staff and elected officials to evaluate and make recommendations for the future department staff structure 4 | RFP 20-CM01 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Consultant __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 5. REQUIRED DOCUMENTS | 19 5.REQUIRED DOCUMENTS 5 | RFP 20-CM01 City of Milton RFP# 20-CM01 PROPOSAL LETTER MUST BE RETURNED WITH PROPOSAL We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal #20-CM01 – City of Milton Strategic Planning Services. It is understood and agreed that we have read the City’s specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name_________________________________ Print/Type Company Name Here_______________________________________________ b 1 RFP 20-CMOI j+VMtOF'THF R�S7 �JAWY OF LIFE IN CiFaRGI<: MILTON,*: CONTRACTOR AFFIDAVIT AND AGREEMENT MUST BE RETURNED WITH PROPOSAL STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 166359 eVerify Number June 16, 2020 Date of Authorization Berry Dunn McNeil & Darker, LLC Name of Contractor Strategic Planning Services 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 Jarle, -L, 202 inrqtW(city), (state). Seth Hedstrom oi0iteoysl0nedbySethHedst— oate� 2620,V6 S 14:50:52 -04.00' Signature of Authorized Officer or Agent Seth D. Hedstrom, Principal Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE._JLt DAY OF,JJr7P_ —,20-4-- NOTARY 20-4-.NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: 12-, THERESA H SEEKAMP Notary Public -Maine My Commission Expires I * February 12, 2020 RFP 20-CM01 Addenda #1 & #2 1 | P a g e ACKNOWLEDGEMENT RECEIPT OF ADDENDA #1 & #2 RFP 20-CM01 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ______________________ Date ____________________________________ Signature ADDENDA #1 & #2 APPENDIX A: EXPANDED RESUMES | 23 APPENDIX A: EXPANDED RESUMES Seth Hedstrom, PMP®, LSSGB Principal Public-Sector Experience: 12 years Seth focuses on assisting public-sector clients with organizational needs assessments and process improvement services, which includes analysis of the current state, recommendations for the future state, and planning the actions required to make the recommended improvements. Key Qualifications Leads the Finance and Administration Practice within BerryDunn’s Local Government Consulting Practice Area Project management for organizational assessments and process improvement services Extensive experience in full life cycle of organizational need assessments and process improvement services Relevant Experience Project Management: Seth has managed organizational needs assessment and process improvement projects for some of BerryDunn’s largest local government clients, including the City of Cambridge, Massachusetts. Organizational Assessments: Seth has been involved in numerous organizational assessment projects, which involve current environment analysis, future state planning, and the development of an implementation plan for incremental improvements over a multi-year planning horizon to align with the resources of the clients. Business Process Improvement: Seth has provided business process improvement services for many BerryDunn clients, either as a stand-alone engagement or as part of an enterprise system selection. His experience includes documenting as-is business processes, benchmarking processes with similar organizations, introducing industry best practices, and developing to-be business process recommendations. Key Clients: • Arlington County and Public Schools, VA • City of Cambridge, MA • City of Harrisburg, VA • City of Winchester, VA • Glynn County, GA • Louisville Jefferson County Metro Gov’t, KY • New Kent County, VA • Powhatan, VA • Town of Christiansburg, VA • Town of Herndon, VA • Collier County, FL • Monroe County, FL Education and Memberships BS, Business Management, Babson College Project Management Professional® (PMP®), Project Management Institute® Lean Six Sigma Green Belt Certified (LSSGB) Associate Member, Government Finance Officers Association (GFOA) APPENDIX A: EXPANDED RESUMES | 24 Michelle Kennedy, Prosci® CCP Senior Consultant Public-Sector Experience: 30 years Michelle brings 30 years of government sector experience in strategic and business planning, leadership development and executive coaching, organizational assessment, organizational change management, program evaluation, business process improvement, and performance measurement. For 20 years she has provided consulting services and project leadership with state and local government agencies in Oregon, Washington, Illinois, Texas, Nevada, California, West Virginia, Oklahoma, Washington, Wyoming, and Hawaii. Prior to becoming a consultant, Michelle served as a senior-level executive two higher education institutions and three government agencies. Key Qualifications Organizational development consulting with more than 60 public sector organizations Development of strategic plans for 30 government agencies and nonprofit organizations Institute of Cultural Affairs Technology of Participation® Facilitation Methodology Certified Facilitator and Prosci® Certified Change Management Practitioner Relevant Experience City of Beaverton, Oregon – Executive Coaching, Leadership Development and Strategic Planning: Michelle is providing coaching, leadership development and strategic planning facilitation to executive managers and teams within the city’s Community Development Department (CDD). This work involves: administering the Hogan Leadership Assessment and providing interpretive feedback to each member of the executive management team, facilitating the Gallup Employee Engagement survey and assisting CDD in developing action plans to address the results, providing on-going coaching to the CDD Development Division team, providing coaching and training to the teams and individuals responsible for the department’s continuous improvement effort and facilitating the development of the department’s strategic plan, performance measures, and progress reporting tools. Michelle has also provided strategic planning facilitation for the Mayor’s Office. Washington State Traffic Safety Commission – Strategic Planning: Michelle facilitated the Commission in the development of two plans: 1) a long-term vision and strategic plan for expanding and integrating the traffic safety data and records that support the statewide strategic goal of zero deaths and injuries on Washington roadways. The plan is central to the state’s approach to “Target Zero” because it improves the quality of data decision-makers use to diagnose the contributing factors to crashes and assess the effectiveness of countermeasures that are implemented; and 2) a plan for expanding and sustaining the applications and information technology architecture that support traffic safety data collection, integration, analysis, and reporting. APPENDIX A: EXPANDED RESUMES | 25 Oregon Department of Human Services (DHS) • Strategic Plan for Aging and People with Disabilities (APD) Division: Michelle facilitated the process to develop a strategic plan for Oregon’s system for serving Oregon’s aging population and adults with disabilities. This project involved facilitating input from system stakeholders and division leadership, crafting the vision, strategic goals, short-term and long-term actions, and accountability framework, and aligning the plan with APD’s fundamentals map, key performance measures, and quarterly business review process. • System-wide Strategic Plan for Developmental Disabilities Services: Michelle facilitated a statewide process to develop a strategic plan for Oregon’s system for serving people with intellectual and developmental disabilities. This project involved facilitating the input of an advisory group of more than 35 stakeholders, including advocates, people with I/DD and their families, service providers, county-level case management entities, brokerages, mental health agencies, senior leadership in ODDS, and public employee labor unions. Michelle conducted: 1) analysis of more than 20 data sources, 2) national research into best practices in delivery of I/DD services and measuring the performance of I/DD service delivery systems, 3) the group to consensus on a shared vision for the system, strategic goals, short-term and long-term actions, measures of success, and an accountability structure for plan implementation, and 4) wrote the final draft of the plan. Oregon Harbor of Hope – Vision for Addressing the Needs of Portland’s Chronically Homeless: Michelle facilitated a team of business leaders, homeless advocates, health care providers, funders, shelter directors, law enforcement professionals, elected officials’ real estate developers and leaders of community-based organizations to develop a vision for a new approach to sheltering homeless people in the Portland Metropolitan Area. She led the team through a series of decisions on the best way to design the space and services for low barrier “safe harbors” that will serve the multi-dimensional needs of the chronically homeless, wrote the team’s white paper, and presented the vision to Portland Mayor Ted Wheeler. Then she conducted a survey of homeless people in relief shelters and encampments throughout Portland to gain input on the design of “safe harbors” for those who will be served. She also researched and documenting the benefits and capabilities of a newly-created unique software application, called NoAppFee.com, in expanding city and county housing agencies’ ability to assist homeless and low-income people in finding housing and in identifying and meeting rental or placement requirements. Lake County, Illinois – Strategic Planning: Michelle designed and facilitated a series of community forums to gain citizen views on their vision for Lake County and the most important priorities for townships, municipalities, and residents. The community involvement process received a national award from the National Association of Counties (NACo). She facilitated the 21-member county board in a cost-benefit analysis of strategy alternatives, as well as department-level meetings to identify new trends, challenges, and recommended areas of focus for the Board to consider in its deliberations. Michelle led the Board in drafting a vision, mission, values, and strategic goals for the County. Michelle wrote the original plan and has facilitated updates to the plan for the County in 2007, 2008, 2011, 2013, 2015 and 2017. APPENDIX A: EXPANDED RESUMES | 26 McHenry County, Illinois – Strategic Planning: Michelle conducted a review and evaluation of the existing strategic plan and made recommendations for structure a new planning process. She led county leadership in updating the plan, which included facilitating sessions with the board to identify strategic goals and priorities, soliciting input from county department heads to inform the board’s decision-making, training county staff in the development of performance measures, completing a comprehensive set of performance measures and dashboard for reporting progress on the strategic plan, and drafting the final plan. City of Tacoma, Washington Human Services Department – Community Needs Assessment and Four-Year Human Services Strategic Plan: Michelle conducted an environmental scan, needs assessment and geographical mapping of the community’s demographics and socio- economic conditions to support the development of a strategic plan to address the City’s human services’ needs. The environmental scan involved interviews with 23 key informants, focus groups with three broad groups of community stakeholders, nine focus groups with consumers, analysis of more than 40 data sources, and development of detailed maps of needs vs. resources using the Opportunity Index. With the scan as the foundation, she led the City Council, the Mayor, the City’s Human Services division and the Human Services Commission through a visioning and goal setting process. The resulting plan, written by Ms. Kennedy, is the policy guide for the City’s investment strategy and human services funding decisions for 2015- 2019. Oregon Workforce Investment Board/Governor’s Office – Strategic Planning: Michelle led an evaluation of the five-year strategic plan and business case for change for Oregon’s workforce development system (originally developed and written by Michelle in 2005). The project included an evaluation of the implementation and impact of the plan, evaluation of actual performance against the desired results, a comparative analysis of other state workforce development plans and best practices, a gap analysis documenting the differences between the current state and the desired state, and recommendations for updating and improving the plan. This work involved coordinating the input of the state OWIB and seven local workforce investment boards, workforce system stakeholders, and the Governor’s Office. Also led Phase 2 of the project, which was the actual update of the plan and implementation of the recommendations identified in Phase 1. Oregon Secretary of State • Leadership Coaching and Strategic Planning: Michelle led strategic planning activities, including facilitating the agency’s executive management team in setting short-term and long-term goals, developing a comprehensive agency-wide strategic plan, and preparing strategies in preparation for budget development and legislative requests. This work also included facilitating planning sessions with each of the divisions to identify division-level goals, objectives and tactics. Michelle provided leadership coaching to members of the executive management team, which included an assessment of leadership strengths and competencies, 360-degree feedback, and creation of leadership development plans. • Implementation Planning for the Help America Vote Act: Michelle facilitated a statewide steering committee and numerous public meetings to develop a consensus-driven plan for how Oregon should implement the federal Help America Vote Act. This involved managing APPENDIX A: EXPANDED RESUMES | 27 the involvement and input of 36 independently elected county elections officials, legislators, state elections officials, and various interest and advocacy groups. A major component of this engagement was facilitating through competing state and county interests and creating a consensus recommendation to the Secretary of State on how Oregon should implement the Act and spend federal funds to make the needed improvements. The final product was a detailed plan outlining the State’s strategy, which had the support of all 36 county clerks, the State Elections Division, voter interest groups, advocacy groups representing people with disabilities and citizens with language barriers, the legislature, Governor, and the Secretary of State. Oregon was the first state in the nation to submit its plan to the federal government Washington Department of Transportation – Team Development: Michelle provided organizational and team alignment services to the project teams of the SR 520 Bridge Replacement and HOV Program, one of most complex public infrastructure projects in the nation. The work included: conducting a rapid assessment to determine the overall effectiveness of organizational alignment and determine possible areas of improvement; conducting alignment orientation sessions for new project employees; facilitating alignment work sessions for different work teams within the SR 520 program, assisting in the review of the program charter and recasting of operating principles. Portland State University – Urban University Planning: Michelle led a diverse group of stakeholders in creating a vision and specific action steps for advancing PSU as a premiere urban university. The participants included the PSU president, vice presidents, deans, student body leaders, and community members with a significant stake in the university’s success. The process included a survey of the strategic planning participants to identify key issues, meeting design, facilitation of a retreat to identify key objectives and set priorities for the upcoming budget cycle, and development of an action plan. Marion County, Oregon – Strategic Planning: Led a countywide planning process and creation of a five-year strategic plan. The project involved a broad public input process, including focus groups, surveys, and interviews with county employees, county communities, business organizations, the general public, and various community organizations and constituent groups. The final product was a new county mission and statement of values, identification of strategic issues the county will need to address in the short- and long-term; a goal-setting process with the county’s executive leadership; and final goals and tactics addressing each five strategic initiatives. Washington-Oregon Americorps – Organizational Assessment and Strategic Planning: Conducted an organizational assessment and planning process to create a four-year sustainability and strategic action plan for the Northwest’s premier AmeriCorps program. The assessment process included development of a survey, facilitation of focus groups and conducting key informant interviews with Academy members, sponsors, Advisory Council members, Education Service District staff, Academy staff, other Americorps programs, and State Commission members. This work also included preparation of a comprehensive report on the findings from the assessment process; facilitation of the planning process, creation of a long-term vision and specific achievable goals for the organization, completion of a four-year plan, a sustainability component, and a first-year action plan. APPENDIX A: EXPANDED RESUMES | 28 State and Local Strategic Planning Engagements • Americorps of Oregon and Washington • Association of Oregon Counties • City of Beaverton OR • City of Tacoma, WA • City of SeaTac, WA • City of Woodinville, WA • Columbia River Land Trust • McHenry County, IL • Lake County, IL • Leadership Oregon • Local Government Personnel Institute • Marion County, OR Oregon Alzheimer’s Association • Oregon Cultural Trust • Oregon Department of Administrative Services • Oregon Department of Human Services • Oregon Employment Department • Oregon Harbor of Hope • Oregon MS Society • Oregon Secretary of State • Oregon Department of Community Colleges and Workforce Development • Portland Development Commission • Portland State University • Providence Health System – Center on Aging • Tualatin Hills Parks and Recreation District • Worksystems, Inc. Education and Certifications BA, Journalism/Mass Communication, Iowa State University Hogan® Leadership Assessment System Certified Practitioner Myers Briggs® Type Indicator Certified Practitioner Institute of Cultural Affairs ToP® Methodology Facilitator Prosci® Certified Change Practitioner (CCP) Publications and Presentations Presentation at the American Public Human Services Association (APHSA) Annual Conference, 2015: Developing Future Health and Human Services Leaders Presentation at the Oregon Recreation and Parks Association (ORPA) Annual Conference, 2019: Rivers of Change Oceans of Opportunity: Planning Your Strategy during Turbulent Times APPENDIX A: EXPANDED RESUMES | 29 Michele Dotson, MPA, CCMP™, PMP®, Prosci® CCP Manager Total Public-Sector Experience: 10 years Michele is a manager in BerryDunn’s Government Consulting Group with five years of prior municipal government experience. While her experience has given Michele insight into various local government operations, her greatest strengths are in the areas of city administration, community engagement, and finance. Key Qualifications Experienced manager within BerryDunn’s Government Consulting Group Well-rounded perspective with strengths in city administration, budget, finance, communications, marketing, and citizen engagement Led numerous change management efforts for system selection and implementation projects Relevant Experience Local Government Experience: As a management and budget analyst for several municipalities, Michele’s primary responsibilities included acting as a liaison to community organizations on behalf of the Mayor and City Manager; leading community engagement events with local business owners, volunteers, and citizens; and advising on process review and policy development. Change Management: As a Prosci® Certified Change Practitioner who has led change management efforts for system selection and implementation projects alike, Michele brings an understanding to each project of how change management can enhance an organization’s ability to achieve project goals. Michele’s knowledge of current change management research and lessons learned from previous engagements allows her to assist BerryDunn clients in preparing for, managing, and reinforcing change related to enterprise system projects. Project Management: Michele has served in the project manager and/or engagement manager capacity for a number of local government clients in California, Arizona, New Mexico, Colorado, and Texas. In these roles, Michele had primary responsibility for engagement success, tracking project milestones; monitoring open risks and issues; developing project deliverables and associated communications; and providing oversight of change management, testing, and training. Key Clients: • City of Allen, TX • City of Arlington, TX • City of Boulder, CO • City of Brighton, CO • City of College Station, TX • City of DeSoto, TX • City of Glendale, AZ • City of Independence, MO • City of Long Beach, CA • City of McKinney, TX • City of Sugar Land, TX • City of Surprise, AZ • Coconino County, AZ • Louisville/Jefferson County Metro Government, KY • Pitkin County, CO • Round Rock Independent School District, TX Education and Memberships APPENDIX A: EXPANDED RESUMES | 30 Master of Public Administration (MPA), University of Kansas BA, Communications, International Relations, Texas Christian University Project Management Professional® (PMP®), Project Management Institute® Prosci® Certified Change Practitioner Certified Change Management Practitioner, Association of Change Management Professionals (ACMP) Member, Association of Change Management Professionals (ACMP) Member, Government Finance Officers Association of Texas (GFOAT) APPENDIX A: EXPANDED RESUMES | 31 Daryl Dixon Senior Consultant Public-Sector Experience: 26 years Daryl is an expert in implementing DEI initiatives, policies, programs, and training that advances diversity, engagement, and strategic strategies throughout the organizations he serves. He is focused on developing and retaining a highly productive, diverse workforce through strong leadership and solid communication strategies. In these initiatives, Daryl develops long-term strategic equity goals while implementing short-term programs to meet these goals systematically. Through Daryl’s excellent relationship and engagement skills, he is able to effectively connect with all types of internal and external stakeholders. Key Qualifications • DEI and organizational development industry expert with 15 years of consulting experience and firsthand experience as a public-sector employee • Strong facilitator in engaging diverse stakeholder groups to help achieve a shared vision • National speaker and trainer for DEI programs and leadership development Relevant Experience Training and Coaching: Daryl is an expert coaching and training facilitator. He motivates his participants to speak authentically and work towards achieving what is deserved. He also helps organizations to implement DEI initiatives with a focus on policy analysis and development, cultural competency, and leadership development. Project/Program Management: Organizations engage Daryl to lead and develop organization- wide programs, initiatives, and plans. His programs and strategies promote and increase levels of engagement from diverse communities, community partnership in supporting organizational goals, and organizational culture of awareness, inclusion, respect, and accountability. Policy and Program Management: Daryl is well-versed in the importance strategic development, decision making, priority setting, and policy development and implementation plays in organizational improvement initiatives. He acts as a catalyst for organization change by promoting and implementing organization-wide initiatives. He looks for opportunities to create and coordinate cultural competence models and develop models, policies, and organization- wide structures to best incorporate best practices and future business trends. As a result, Daryl delivers meaningful results to key stakeholders. Key Clients: • Oregon Center for Educational Equity, OR • Diversity Resource Group, GA • Multnomah County, OR • North Clackamas School District, OR • Gladstone School District, OR • DePaul Treatment Center, OR Education, Memberships, and Awards Master of Divinity, George Fox University, Portland, Oregon BA, Morehouse College, Atlanta, GA APPENDIX A: EXPANDED RESUMES | 32 Certified Equal Employment Opportunity (EEO) Investigator Diversity Spirit Achievement Award Former EEO Officer, US Army Former Board Member, Regional Arts and Cultural Commission APPENDIX A: EXPANDED RESUMES | 33 Charline Kirongozi, MPA Business Analyst Public-Sector Experience: 2 years Charline is a consultant in BerryDunn’s Local Government Practice Area focused on assisting public-sector clients with research and current environment analysis support. She joins BerryDunn with experience supporting and conducting field research, data collection, organizational reporting, and gap analysis and recommendations. Key Qualifications Extensive experience organizing and leading groups through adopting new ideas and concepts, and promoting buy-in amongst the group In-depth knowledge and involvement with strategic planning, change management, and relationship building Strong communication skills both through experience translating foreign languages and through data collection, issue correspondence, and relaying project updates Experience Project Management and Support: Charline has experience as an immigration paralegal, which heavily involved preparing, reviewing, and filing visa petitions, advocating and communicating on behalf of her clients, and overseeing the flow of information, processes of the cases, and adhering to the policies set forth by immigration officials. Business Process Improvement: Charline has in-depth experience with an international perspective conducting field research. This involved collecting data and developing reports, as well as identifying gaps in policies and processes. These gaps translated into developing ways to streamline processes and increase efficiencies. Public-Sector Research and Analysis: Charline worked on the behalf of the City of Worcester, MA to establish best practices for sustainability of the Worcester/Green Worcester Working Group (Group). Through this work, she led her team through the research of over 30 cities. She reported biweekly status reports/updates, presented findings, identified risks, and made recommendations to the Group. Because of her efforts, Charline received an award from the Massachusetts Chapter of the American Society for Public Administration for best Capstone Project Presentation. Key Clients: • City of Brighton, CO • City of DeSoto, TX • Monroe County, FL • City of Worcester, MA Education and Memberships BA, Political Science, Clark University Master’s, Public Administration, Clark University APPENDIX A: EXPANDED RESUMES | 34 Lisa Paradis, MBA, CPRP Senior Consultant Public-Sector Experience: 25 years Lisa has more than 25 years’ experience as a public Park and Recreation Director, most recently in Brookline, MA. Lisa has helped many organizations and communities to embrace systemic challenges through action-oriented strategic planning and financial and organizational management. Her approach involves creating and implementing cost recovery plans, feasibility studies, strategic plans, and organizational assessments and understands the importance of a thoughtful, mission driven, community-centric, and implementable approach. Key Qualifications • Experience as a Public Park and Recreation Director for 25 years • Extensive experience creating and implementing solutions for systemic challenges in government work, both as an agency director and as a consultant, to park and recreation agencies across the country Relevant Experience Strategic planning and organizational development: As a leader, mentor, and often provocateur, she helps organizations and communities to achieve unimagined greatness by embracing systemic challenges through bold, action-oriented strategic planning, financial and organizational management. Lisa is steadfast in her pursuit to challenge professionals to think beyond the obvious and tackle challenges from a variety of perspectives to find the best possible solution for their communities. Speaking and training engagements in the State: Lisa is an expert in parks and recreation and organizational development. She has been a featured speaker at five annual Georgia Recreation and Parks Association (GRPA) conferences between 2015 and 2019 and annually teaches a 3-day Leadership Training course for GRPA. She also was a keynote speaker for GRPA’s Women in Parks and Recreation conference in February 2020. Key Clients (both with and prior to joining BerryDunn): • City of Atlanta, GA • City of Grapevine, TX • City of Parkland, FL • DeKalb County, GA • Gwinnett County Parks, GA • Maryland National Capital Park and Planning Commission • Mecklenburg County, NC • Town of Arlington, MA • Washington Township Recreation Department, OH Education and Memberships University of Massachusetts, Amherst, MA – B.A, Political Science University of Massachusetts, Boston, MA – M.B.A. Certified Park and Recreation Professional, National Recreation and Park Association American Academy of Park and Recreation Administration (AAPRA), 2018 Massachusetts Recreation and Park Association Professional of the Year, 2017 APPENDIX B. SAMPLE STRATEGIC PLANS | 35 APPENDIX B. SAMPLE STRATEGIC PLANS The images below and on the following pages are linked to the strategic plans for each respective client. Please click on the image of your choice to review its associated strategic plan. APPENDIX B. SAMPLE STRATEGIC PLANS | 36 APPENDIX B. SAMPLE STRATEGIC PLANS | 37 RFP 20-CM01 – Strategic Planning Services Cost Proposal Submitted by: BerryDunn PRICING | 1 PRICING In Table 1 below, we have provided a breakdown of our all-inclusive, fixed-price cost by phase. We recognize that the City might be contemplating the need to conduct some meetings virtually, while also weighing the benefits of in-person facilitation. As described in our work plan, we have assumed on-site participation, but do understand some adjustments might be needed. To eliminate the budget impact of these considerations, and to demonstrate our strong desire to work with the City, we have chosen to fully absorb the travel expenses for our planning trips as part of this cost proposal. In addition, BerryDunn will not charge for time spent traveling, so these costs reflect only the time BerryDunn team members will be working on the City’s project. We developed our costs based on the following factors: • Our detailed work plan narrative presented in our proposal • Our staffing plan and resource allocation, which provides the City with the appropriate number of resources and a level of expertise to complete the tasks defined in the RFP • Our experience conducting projects of similar scope and size Table 1: Proposed Budget and Hours Phase Cost Phase 1: Project Initiation and Planning $9,800 Phase 2: Environmental Scan $13,200 Phase 3: Community Visioning $10,800 Phase 4: Strategic Plan Development $19,600 Travel Expense Estimate Absorbed Total $53,400 EXHIBIT “C” See Exhibits “A and B” Maine Cumberland EXHIBIT "E" STATEOF_G_'_A_.........,. __COUNTY OF Fu(f-oo) SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affmnatively that the individual, firm or corporation which is engaged in the physical perfonnance of services under a contract with Berry Dunn McNeil & Parker. LLC (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. Furthennore, 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 insatisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-l 0-91(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 -Daryl O,xot11IDR6, Name of Subcontractor Strategic Planning Services Name of Project I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 7 / i,S , 20.,loin (city), 6 fJ (state). of Authorized Officer or Agent Oat:{/ 0,Jr-oNPrinted ame and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON�STHE .2,5 DAYOF -�·� ?;IC NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: . 1 J / tlq I !M !13) Scanned with CamScanner Sole Proprietor - Exempt EXHIBIT “F” The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: See Exhibit “B” CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 28, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Change Order to Construction Management at Risk Agreement between the City of Milton and New South Construction Company, LLC for the New Public Safety Complex Project MEETING DATE: Monday, August 3, 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 August 3, 2020 X To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Department Date: Submitted July 21, 2020 for the August 3, 2020 Regular City Council Meeting Agenda Item: Approval of a Change Order to Construction Management at Risk Agreement between the City of Milton and New South Construction Company, LLC for the New Public safety Complex Project Department Recommendation: Approval Executive Summary: Construction Manager is requesting a time extension of ten (10) calendar days for material completion. The previous material complete date was July 23, 2020 and with this extension the new material completion date would be August 6, 2020. This time extension is due to delays encountered from Atlanta Gas Light (AGL) installation of gas utility hookup. There is no additional cost or increase to the GMP as a result of this time extension. There will be no change to the overall Project Budget or Project Schedule. The scheduled move in date of August 24, 2020 has remained unchanged. Procurement Summary: Purchasing method used: Contract Addendum Account Number: 360-1565-541300100. Adds $ 0.00 Requisition Total: $ 0.00 Financial Review: Bernadette Harvill, July 24, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis LLP, July 24, 2020 Concurrent Review: Steve Krokoff Attachment: Change Order EXHIBIT I CHANGE ORDER FORMAT (Lump Sum) CHANGE ORDER No. __009___ Project Name: __Milton Public Safety Complex __ Project Number: ___18-PW04 _______________ City of Milton, Georgia, Owner 1. Submission of this Change Order for consideration was authorized by letter from the Owner, dated N/A,_Incumbrance Record No. N/A . 2. The changes hereinafter described are applicable to the Contract for the construction of the above- referenced Project and amend the Contract Documents. 3. Description of Change: OCO 113 – Material Completion Extension – AGL Gas Service Delay 4. This Change Order is deemed necessary and originated with the (Owner). (Indicate applicable entity.) 5. This Change Order is necessary to: Fulfill project changes related to the above OCO’s. 6. The amount of the Change Order was determined by: A. Estimate and acceptance in lump sum. 7. A memorandum is attached showing cost breakdown of labor and materials by unit and quantities as prepared by the CM/GC and checked by the Owner. N/A 8. We have verified the quantity and quality of all materials shown on the memorandum. We have verified that all prices are reasonable and do not exceed current costs for like services or materials, and we have verified that the quality of the materials meets the requirements of the Contract Documents. 9. The CM/GC shall be allowed 10 additional calendar days for completion. The Material Completion Date is: 08/06/2020 and the Final Completion Date is the thirtieth (30th) calendar day thereafter. 10. The Guaranteed Maximum Price shall be increased by $ ___0.00___________ on account of this change. The CM/GC’s Fee shall be increased by $ __0.00 . The Maximum Amount Allowable for CM/GC’s Overhead Costs and Expenses shall be (increased) (decreased) by $ ___0.00______ . 11. The payment and extension of time, if any, provided by this Change Order constitutes compensation in full to the CM/GC and its Subcontractors, Suppliers, and Trade Contractors for all costs and markups, directly and indirectly attributable to the changes ordered herein, and for all delays or time related costs thereto and for any acceleration costs for performance of changes within the time stated and to be completed by the Material or Final Completion Date and for any claims related thereto against the Owner and the Design Professional, and design consultants. APPROVED AND AGREED BY CM/GC: By: ______________________________________ ______________________________________ (Print Name/Title) Date Approved by CM/GC: ____________________ RECOMMENDED FOR OWNER'S APPROVED AND AGREED BY OWNER: ACCEPTANCE: DESIGN PROFESSIONAL OWNER By: ______________________________________ By: ___________________________________ _______________________________________ ___________________________________ (Print Name/Title) (Print Name/Title) Date approved by Architect: ______________ Date approved by Owner: ______________ 07/06/2020 Owner Change Order Milton Public Safety Complex , New South Construction Co. Contract # 19.575. To Owner: Change Order #:9 Material Completion Extension - AGL Gas Service Delay Change Order Date:07/06/20 MILTON, GA 30004 CITY OF MILTON 2006 HERITAGE WALK Number Description You are directed to make the following changes in this Contract: Amount Material Completion Extension - AGL Gas Service DelayOCO 113 0.00 186,445.00 Total For Change Order: 9 0.00 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates the Contractor's agreement herewith, including any adjustment in the Contract Sum or Contract Time. 12,950,000.00The original Contract Sum was . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The net change by previously authorized Change Orders was . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13,136,445.00The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.00The Contract Sum will be increased by this Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13,136,445.00The new Contract Sum will be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The contract Time will be increased by 10 days Accepted By Contractor:Architect/Engineer:Authorized By Owner: New South Construction Co.CITY OF MILTON 1180 West Peachtree St, Suite 7002006 HERITAGE WALK MILTON, GA 30004 Atlanta, GA 30309 By: _______________________ Date: _____________________ By: _______________________By: _______________________ Date: _____________________Date: _____________________ COOPER CARRY INC 191 PEACHTREE STREET, NE SUITE 240 ATLANTA, GA 303031770 186,445.00 Change Order Request New South Construction Co. Project # 19.575. Milton Public Safety Complex , OCO #: 113 6/19/2020 Material Completion Extension - AGL Gas Service Delay Category Reason Reference Change Order Notes Unforeseen Condition Please accept this OCO #113 for extending the Material Completion date by 10 business days due to delays in gas service by AGL to the project. As of 6/19/20, gas service is still not available to the project from AGL. Assuming the service is active by 6/26/20, it will take almost 4 weeks to complete connections, schedule start up and testing of emergency generators, and then schedule start up and testing of emergency lighting systems. Final inspections and Certificate of Occupancy of the buildings will be delayed until approximately 7/31/20 based on the service date above. Due to the uknown schedule of AGL providing the gas service, we request to move the Material Completion to 8/6/20. Previous Material Completion date: 7/23/2020 New Material Completon date: 8/6/2020 As agreed upon between the City of Milton and New South, additional costs for general conditions of $1,980 per day will not be applied to this change. Total Cost Change: 10Total Additional Days Requested: The date of substantial completion will be extended by the number of additional requested days. Description of Cost Itemized Cost Breakdown $0.00 Material Completion Extension - AGL Gas Service Delay $0.00 $0.00 Total Authorized Owner's Representative Signature Date Approved Rejected 1180 West Peachtree Street, Suite 700 -Atlanta, GA 30309 -Telephone 404.443.4000 -Fax 404.443.4100 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 28, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Additional Boarding Documents for Invoice Cloud, Inc. Merchant Account MEETING DATE: Monday, August 3, 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 August 3, 2020 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on July 27, 2020 for the August 3, 2020 Regular City Council Meeting Agenda Item: Approval of Additional Boarding Documents for Invoice Cloud, Inc. Merchant Account _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Invoice Cloud is a secure web-based electronic payment processing solution that fully integrates with our new permitting software, CityView. The initial agreement with Invoice Cloud was approved by council on June 1, 2020. Once the account moved into their Boarding Department for setup, we were notified that additional documents were required to be executed. Since some of these documents were agreements with terms and conditions, they had to go through the same process as a contract where there’s a legal review and council approval before the mayor can sign them. Funding and Fiscal Impact: None Alternatives: None. Legal Review: Jeff Strickland, Jarrard & Davis (7/15/20) Concurrent Review: Steve Krokoff, City Manager Attachment(s): • Annex to Biller Terms and Conditions for American Express Processing • Convenience Fee Transaction Amendment to Full Liability Submitter Payment Instrument Processing Agreement and Payment Processing Instructions and Guidelines • Chase/J.P. Morgan U.S. and Canadian New Division Boarding Form • Chase/J.P. Morgan Additional Company Application • Chase/J.P. Morgan Submitter Merchant Payment Processing Instructions and Guidelines CHASE! i JT Morgan SUBMITTERMERCHANT PAYMENT PROCESSING INSTRUCTIONS AND GUIDELINES Paymentech, LLC, also known as Chase Merchant Services ("CMS", "we", or "us"), for itself and on behalf of JPMorgan Chase Bank, N.A. ("Chase"), is excited about the opportunity to join Invoice Cloud, Inc. (referred to herein as "Submitter") in providing you, the Merchant signing below (hereinafter referred to as "you" or "Merchant") with state-of-the-art payment processing services. When you use the services of Submitter to receive payments for Transactions initiated by Card or by ECP, those Transactions are processed by us through systems and networks owned by the Networks, each of which maintains its own set of Network Rules governing Transactions processed over such Network. The Network Rules, generally require that we have a direct contract with each merchant for which we process payment transactions through the Network, and this agreement (this "Agreement") contains certain contractual commitments required by the Network Rules to be contained in each such contract. 1. Compliance with Network Rules, Applicable Law and User Guide; Network Liabilities. You agree to comply with the Network Rules (including the Security Standards) of each Network, as they pertain to the Transactions you submit to us (directly or via Submitter) for processing through Submitter. You shall not, through act or omission, cause CMS or Chase to violate any Network Rules. You shall perform your obligations under this Agreement in compliance with all applicable federal, state and local laws and regulations and shall not submit any Transaction that it knows to be illegal. CMS reserves the right to temporarily suspend funding or refuse to process any Transaction if we reasonably suspect that it was prepared in violation of any provision of this Agreement, applicable law, or the Network Rules. You agree to pay any and all fines, fees, penalties, liabilities, charges and other amounts which may be imposed or assessed by the Networks on you, Chase or CMS as a result of your actions, omissions, Transactions, Chargebacks or Returns, including without limitation, your failure to comply with the Network Rules, this Agreement or any Security Standards (the "Network Liabilities"). 2. Your Transactions; Chargebacks and Returns. You represent and warrant that you will only use our services and submit Transactions for processing which represent the sale or lease of goods or the provision of services by you to a Customer and not on behalf of any third -party seller. You shall have full liability for all Chargebacks (with respect to Card Transactions) and all Returns (with respect to ECP Transactions), as may be assessed in accordance with the applicable Network Rules, provided, however, that in the event that any Chargeback or Return is ultimately reversed by the applicable Network in your favor, CMS shall refund you for the amount thereof. 3. Settlement and Funding. (a) CMS will submit your Transactions to the applicable Network for processing, and thereafter will provisionally fund the Settlement Account (as defined below). (b) You must designate at least one bank account for the deposit and settlement of funds and the debit of any fees and costs associated with CMS's processing of the Transactions (all such designated bank accounts shall be collectively referred to herein as the "Settlement Account"). You authorize CMS to initiate electronic credit entries, debit entries, and adjustments to your Settlement Account for amounts due to or from you in 1 connection with this Agreement. CMS will not be liable for any delays in receipt of funds or errors in Settlement Account entries caused by third parties, including but not limited to delays or errors by Submitter, the Networks, or your bank. (c) Unless otherwise agreed, the dollar amount payable to you for your Transactions will be equal to the amount submitted by you in connection with your sale Transactions, minus the sum of amounts due from you, including Refunds, Chargebacks, Returns, Network Liabilities, and all applicable charges and adjustments; provided, however, that in the event we fail to withhold any such amounts from your Transaction proceeds, we may debit your Settlement Account for such amounts ; (d) If we fail to withhold any Refunds, Returns, Chargebacks, Network Liabilities or other charges or amounts due from the proceeds payable to the Settlement Account (including where such proceeds are insufficient to cover such obligations), or if the Settlement Account does not have a sufficient balance to pay amounts due from you under these guidelines, we may pursue one or more of the following options: (i) demand and receive immediate payment for such amounts; (ii) debit the Settlement Account for the amount of the negative balance; (iii) withhold settlement payments to the Settlement Account until all amounts are paid, (iv) delay March 19, presentation of refunds until a payment is made to us of a sufficient amount to cover the negative balance; and (v) pursue any remedies we may have at law or inequity. (e) To the extent you or Submitter elect to assess a Convenience Fee for eligible Transactions, and unless otherwise agreed to in writing, you hereby acknowledge and agree that such Convenience(i) all Convenience Fee Transactions will be submitted by Submitter to. CMS under the terms of the separate agreement in place between CMS and Submitter, (ii) all CMS processing fees, interchange and assessment fees, or other fees that may apply associated with the Convenience Fee Transaction shall be paid by Submitter, (iii) all Chargebacks, Chargeback fees, funds transfer fees, returns and similar charges related to Convenience Fee Transactions shall be paid by Submitter, and (iv) settlement funding for Convenience Fee transactions will be paid directly to a bank account designated by Submitter. 4. Specific Requirements, Representations and Warranties Relating to ACH Transactions. (a) The NACHA Operating Rules ("NACHA Rules") are the applicable Network Rules governing your ECP Transactions that utilize the ACH network, including, without limitation, ACH, ARC, TEL and WEB Transactions ("ACH Transactions"). You are responsible for complying with the NACHA Rules as set forth in Section 1 of this Agreement. The originating depository financial institution which CMS uses (currently Chase) to originate and process your ACH Transactions (the "ODFI", as that term is further defined in the NACHA Rules) retains the right to reject or delay any ACH Transaction, to execute an ACH Transaction through any clearing house or channel it deems appropriate, to terminate or suspend your right to originate ACH Transactions, or to audit your compliance with the NACHA Rules. (b) Any credit made to your Customer's account as a result of an ACH Transaction originated by you (e.g., an issuance of a refund) is provisional until your Customer's receiving depository financial institution (the "RDFI", as further defined in the NACHA Rules) receives final settlement for such entry through a Federal Reserve Bank. If final settlement is not received by the RDFI, the RDFI will receive a refund from your Customer, and your Customer will not be deemed to have been paid by you. (c) You represent and warrant that: (i) each ACH Transaction you originate will comply with all applicable laws and NACHA Rules; (ii) you will not originate any ACH Transaction as a Third Party Sender (as that term is defined in the NACHA Rules) and will not allow any third parry to originate an ACH Transaction through your account under this Agreement; (iii) all ACH Transactions resulting in a debit to the Customer will be authorized by the Customer in writing and signed or similarly authenticated in a manner that complies with the NACHA Rules; (iv) you will obtain and retain proper authorization, in accordance with all applicable laws and the NACHA Rules, for each initiation of an ACH debit or credit to a Customer's account, and will make copies thereof available to us upon request; and (v) you hereby make to us, and certify compliance with, all warranties that we or the ODFI make, or are deemed to make, under the NACHA Rules, in connection with any ACH Transaction you originate. 5. Safeguarding Account Information; Security Standards. (a) By accepting Card and ECP payments from your Customers, you acknowledge and understand the importance of protecting Transactions and Account Information and complying with the applicable Network Rules, Security Standards, and applicable law. You also acknowledges the heightened risk associated with access to Transactions and Account Information, and, to the extent you do have access to Transactions and Account Information, you must establish policies and procedures to protect such information in conformity withthe Network Rules, Security Standards, and applicable law, including the storage and disclosure of such information. You shall exercise reasonable care to prevent use or disclosure of Transactions, Account Information, other than as necessary to complete a Transaction or as otherwise specifically permitted by the Network Rules or required by applicable law. If at any time you determine or suspect that Transactions or Account Information have been compromised, you must notify CMS immediately and assist in providing notification to such parties as may be required by law or Network Rules, or as CMS otherwise reasonably deems necessary. You further agree to provide CMS, upon its request, with information related to your compliance with the Network Rules and Security Standards as may from time to time be required by the Networks or reasonably requested by us. (b) You acknowledge that failure to comply with the Network Rules, including the Security Standards, or the occurrence of a Data Compromise Event, may result in assessments, fines and/or penalties by the Networks. In the event CMS or Chase incurs any damage, loss, liability or expense as a result of any such failure or occurrence, including, without limitation, any Network Liability, you shall reimburse CMS and Chase, as applicable, immediately for all such amounts. Furthermore, if any Network requires a forensic examination of you or any of your agents, business partners, contractors, or subcontractors due to a Data Compromise Event, you agree to cooperate with such forensic examination until it is completed, including, without limitation, the engagement of an examiner acceptable to the relevant Network. Notwithstanding the foregoing, the Networks may directly, or demand that CMS, engage an examiner on your behalf in order to expedite the investigation of the Data Compromise Event. Submitter Merchant Payment Processing Infractions and Guidelines —CR419 Nov Rev. November 2019 INTERNAL PAY ENTECH USE Merchant Name: City of Milton, GA Page 2 of4 Date Printed Much 19, 2020 6. Merchant Taxpayer Certification and CMS Reporting Obligations. Upon request from time to time, Merchant shall provide CMS with the appropriate taxpayer certification documentation, via Internal Revenue Service (IRS) Form W-9 (or the appropriate versions of Form W-8, if applicable). Merchant shall promptly notify CMS if there are any changes in this information. CMS may deduct withholding taxes, if any, from proceeds payable to Merchant or any entity that is a party to this agreement where required under applicable law. CMS may, in accordance with applicable law and from time to time during the term of this Agreement, request Merchant to recertify its taxpayer certification hereunder. Furthermore, Merchant shall be responsible for any penalties related to the reporting obligations of CMS hereunder to the extent such penalties accrue based on the actions or inactions of Merchant despite reasonable notice from CMS. 7. Amendments and Updates. We reserve the right to update or amend this Agreement from time to time, including as may be required to ensure compliance with the Network Rules, applicable law, or the policies, procedures or requirements of the ODFI. In such event, we will provide you with the changes, or with an updated copy of this Agreement, and your continued use of our processing services after your receipt of such changes shall constitute your agreement to comply with the Agreement as so amended. 8. Definitions. (a) "Card' means a physical or virtual credit, debit card, pre -paid card, or stored value card, or any evidence thereof (e.g. account number, access number, token, code, payment credential, or other form factor or access device), or any device, mobile application, digital wallet or other technology, medium or method (regardless of form) used to access an account or account number associated therewith and through which Network payment services are delivered, authorized and established between a Customer and a Network, or representatives or members of a Card .Network that Merchant accepts from Customers as payment for goods or services. (b) "Account Information" is information related to a Customer or the Customer's Card or any bank account, depository account, or other account maintained by the Customer, and that is obtained by you or Submitter from the Customer's Card or any check provided by the Customer, or that is otherwise obtained by you from the Customer in connection with a Transaction (for example, an account number, a security code, a PIN number, or the customer's zip code when provided as part of an address verification system). Without limiting the foregoing, such information may include a the Card account number, a bank account number, a card expiration date, the Customer's name or date of birth, PIN data, security code data (such as CV V2 and CV C2) and any data read, scanned, imprinted, or otherwise obtained from the Card or any check printed thereon, or magnetically, electronically or otherwise stored thereon. (c) "ACA" means Automated Clearing House. (d) "Chargeback" is a rejection, reversal or return of a Transaction you previously presented to CMS, as permitted and governed by the applicable Network Rules. The term Chargeback shall include any Return of an ECP Transaction. (e) "Convenience Fee" is a charge to a Customer's for the convenience of using the payment channel offered by Merchant through Submitter. (t) "Customer" is the person or entity to whom a Card is issued or who is otherwise authorized to use a Card and who initiates a payment with you relating to a Transaction. (g) "Data Compromise Event" means an occurrence that results, or could result, directly or indirectly, in the unauthorized access to or disclosure of Transactions and/or Account Information. (h) "ECF' means electronic check processing as a means of receiving or making payment in connection with a Transaction or Refund. ECP includes various products of a type supported by CMS, including, without limitation, ACH, ARC, CCD, EFT, POP, PPD, TEL, WEB and Facsimile Draft. (i) "Chase" is JPMorgan Chase Bank, N.A. or other entity providing sponsorship to CMS as required by all applicable Networks. Your acceptance of Network products is extended by the Chase. (j) "Network" is any payment method provider whose payment method is accepted by you from your Customers and which is accepted by CMS for processing, including, but not limited to, Visa, Inc., MasterCard International, Inc., Discover Financial Services, LLC and other credit and debit card providers, debit network providers. Network also includes the National Automated Clearing House Association ("NACHA"), with respect to Transactions involving any credit or debit entry processed over the ACH network, and any other network or clearing house over which any ECP Transactions may be processed. (k) "Network Rules" are the standards, bylaws, rules, and operating regulations, as they exist from time to time, of the various Networks, and includes the Security Standards. (1) "CMS', "we", "our", and "us" is Paymentech, LLC, a Delaware limited liability company, having its principal office at 8181 Communications Parkway,. Plano, Texas 75024. (m) "Refund' means any refund or credit issued for any reason, including, without limitation, for a return of merchandise or cancellation of services, and any adjustment of a Transaction. Date (n) "Return" means any rejection, reversal or return of an ECP Transaction or ACH debit entry you previously presented to CMS, as permitted and governed by the applicable Network Rules. (o) "Security Standards" are all rules, regulations, standards or guidelines adopted or required by the Networks or the Payment Card Industry Security Standards Council relating to privacy, data security and the safeguarding, disclosure and handling of Account Information, including but not limited to the Payment Card Industry Data Security Standards ("PCI DSS"), Visa's Cardholder Information Security Program, Discover's Information Security & Compliance Program, American Express's Data Security Operating Policy, MasterCard's Site Data Protection Program, MasterCard's POS Terminal Security program and the Payment Card Industry PIN Entry Device Standard, in each case as they may be amended from time to time. (p) "Transaction" is a transaction conducted between a Customer and you utilizing a Card or ECP for payment in connection with the sale of goods or the lease or provision of services by you (either directly or through Submitter). Transaction may also be used to refer to the written or electronic record of such a transaction, including, without limitation, an authorization code, settlement record, ECP file, or a credit or debit entry pursuant to and consistent with NACHA Rules which is submitted to CMS to initiate or evidence a Transaction. (c) "Transaction Receipt" means an electronic or paper record of a Transaction generated upon completion of a sale or Refund, a copy of which is presented to the Customer. By signing below you agree to comply with the foregoing terms. Agreed and Accepted by: Invoice Cloud, Inc. SUBMITTER LEGAL NAME (Print or Type) 35 Braintree Hill Office Pk Ste 100, Braintree, MA 02184 Legal Address (PP�rin1t or Type) / By (authorized signature) Robert Lapides, President By, Name, Title (Print or Type) 07-13-2020 Date Agreed and Accepted by: City of Milton, GA MERCHANT LEGAL NAME (Print or Type) 2006 Heritage Walk, Milton GA 30004 Legal Address (Print or Type) By (authorized signature) Joe Lockwood, Mayor By, Name, Tide (Print or Type) 07-13-2020 Date INTERNAL PAY NTECH USE Merchant Name: Citv of Milton, GA Agreed and Accepted by: PAYMENTECH, LLC, for itself and on behalf of JPMORGAN CHASE BANK, N.A. By, Print Name: Title: Address: 8181 Communications Pkwv. Plano. TX 75024 Additional Company Application Please print clearly. If you make any corrections to your information in the Application, you MUST initial each change. Application ID: Submitted by: CHASE OF J.P. Morgan ECID: Model from March #: Company #: What is this form? A Customer (you, your) can use this forth to apply to add a location to receive services from Paymentech, LLC and JPMorgan Chase Bank, N.A. ("us", "we", or "our"). How do you Complete all 3 parts, then print and sign the final version. Keep a copy for your records. complete the form? S The Customer section verifies your identity, which is necessary to comply with our policies designed to prevent money laundering and the funding of terrorism. Federal law requires us to obtain, verify and record certain information that identifies each person who opens an account with us. V The Ownership section identifies the type of ownership for your business. J* The Certification section confirms that the Authorized Representative(s) has read and agreed to this document. If you make any corrections to your information in the Application, you MUST initial each change. A Part 1: Customer Complete all fields below Legal Name of City of Milton, GA Company to be Amended to the Agreement Physical Address 2006 Heritage Walk (No PO Box or Paid Mail Box) city Milton Taxpayer ID /EIN 51-0608862 Primary Contact Stacey Inglis Name Ownership Type ❑Public " Ticker Symbol Business Start / Date of Incorporation 01/01/2006 (MM/DD/YYYY) State GA zip Code 30004 Registered Trade Name (DBA Phone 678-242-2508 ❑ Private ❑ Not - For - Profit Stock Exchange Q Other: Government Municipality Entity Type: ❑ Individual / Sole Proprietor ❑ Corporation ❑ Partnership ® Government - Gov. website URL http://cityofmiltonga.us ❑ LLC - If LLC, Taxed As: Business Municipal Government (taxes) Description (Primary source of revenue for legal entity) Do you permit or have you issued Bearer Shares? RX No ❑Yes State of Formation Date of Formation Trading Symbol GA 01/01/2006 Has Merchant Ever Filed For If, Yes, What Chapter? Filing Date Bankruptcy? No ❑Subsidiary of Public Company Fiscal Year End (MM/DD/YYYY) 12/31/2020 Emergence Date Are the Financials of the Additional Company Stand Alone or If, Consolidated, indicate name of the company the financials are Consolidated? included in Stand Alone What is the relationship between the additional company and the company which entered the agreement? Other Relationship Biller of Invoice Cloud, INC Additional Company Application-GBL-US_CR319_Sep Rev. 2019 -SEP Page 2 of 5 If you make any corrections to your information in the Application, you MUST initial each change. *Part 2: Ownership Each owner signing authorizes JPMorgan Chase Bank N.A. And Paymentech, LLC as part of this investigation, to obtain and review Third Party Credit Bureau Reports on Such Owner. Ownership details must be provided for each Individual or Legal Entity Owner with a 10% or greater ownership interest. Name (IndividuallSole Proprietor or Entity or Parent Company) Corporate Title Is the Owner listed ❑ No ❑ Yes Stock Exchange above publicly traded? Street Address (Individual/Sole Provider use home address) (No PO Box or Paid Mail Box) SSN/EIN' or ❑ Non- US Person Percent of Ownership % Ticker Symbol City State ZIP Code Country of Date of Phone Domicile Birth 'For Non -US Persons: Social Security Number, Passport Government Issued ID # Number and Country of Issuance (or other similar identification number) may be substituted Type of ID (ex. Passport) Name (Individual/Sole Proprietor or Entity or Parent Company) Corporate Title Is the Owner listed above ❑ No Cyes Stock Exchange publicly traded? Country of Issuance SSN/EIN' or ❑ Non- US Person Percent of Ownership % Ticker Symbol Street Address X No (Individual/Sole Provider use ❑Yes home address) `' Owner/Officer Addendum required (Sales Representative will (No PO Box or Paid Mail provide) Box) City State ZIP Code Country of Date of Phone Domicile Birth 'For Non -US Persons: Social Security Number, Passport Government Issued ID # Number and Country of Issuance (or other similar identification number) may be substituted Type of ID (ex. Passport) Country of Issuance Do you have any additional Owners (not listed above) that X No have 10% or greater ownership, either directly or indirectly? ❑Yes (If an entity/parent company is listed in section 2 above that has 10% or greater ownership of the applicant, identify any owners `' Owner/Officer Addendum required (Sales Representative will (individuals and/or entities) of the entity/parent company that provide) ultimately have 10% or greater ownership in the applicant on the additional ownerlofficer addendum (sales representative will provide) Additional Company Application_GBL_US_CR319_Sep Rev. 2019 -SEP Page 3 of 5 if you make any corrections to your information in the Application, you MUST initial each change. Name Joe Lockwood SSN/EIN* Date of Birth What is this officers []Key Decision Maker (i.e. Senior Mgr.) ❑Chief Executive Officer ❑Chief Executive Officer role? ❑Chief Operations Officer ❑Chairman ❑President ❑X Other (specify): Mayor ' Sections above require a Date of Birth and SSN/EIN* (or if you selected "Not — For -Profit" in section 1.2) ❑Board of Directors ' Select one:❑Voting ❑Non-voting Street Address 2006 Heritage Walk (Provide home address) (No PO Box or Paid Mail Box) City Milton State GA Country USA ZIP Code 30004 *For Non -US Persons: Social Security Number, Passport Government Issued ID # Number and Country of Issuance (or other similar identification number) may be substituted Type of ID (ex. Passport) Country of Issuance Name Joe Lockwood Street 2006 Heritage Walk Address (if individual use home address) (No PO Box or Paid Mail Box) City Milton state GA Country USA ZIP Code 30004 Additional Company Application_G81-_US_CR319_Sep Rev. 2019 -SEP Page 4 of 5 If you make any corrections to your information in the Application, you MUST initial each change. ,#%Part 3: Certification Authorized Administrator for purposes of account boarding and implementation means an owner, partner, officer, employee or other agent of the merchant that has been appointed by an executive of merchant and who is duly authorized to provide information and execute documentation on behalf of and related to merchant in order to facilitate the initial set up of merchant's account with Chase Paymentech. Per Chase Paymentech policy, authorized administrators are not permitted to modify the merchant's account with Chase Paymentech after completion of the initial set up of merchant's account. Such changes must be made, by an executive or financial contact, as applicable and as those roles are defined by merchant. (Photocopy of signature below is valid for the release of information requested and will remain valid until the termination or expiration of the Merchant Agreement) Merchant Joe Lockwood Name (Printed) Merchant Title Mayor (Printed) Telephone 678-242-2500 Number Merchant Signature Date Email Address joe.lockwood@cityofmiltonga.us I, the undersigned, being an officer/principal of City of Milton, GA represent and warrant that the statements made on this document are correct and factual. JPMorgan Chase Bank, N.A. ("Member") and Paymentech, LLC ("Paymentech" or "Chase Paymentech") are authorized to conduct any necessary investigation, including without limitation, authorization for bank to release standard banking information. (Photocopy of signature below is valid for the release of information requested and will remain valid until the termination or expiration of the Merchant Agreement) Merchant Joe Lockwood Merchant Name Signature (Printed) Merchant Title Mayor Date (Printed) If the signer has not already provided it above, a residential address is preferred if available (No PO Box or Paid Mailbox). If not available, business address is acceptable. Street Address City State Zip Note: Each Merchant is required to submit a W9 with this application. Additional Company Application_ GBL_US_CR319_Sep Rev. 2019 -SEP Page 5 of 5 CHASE Q JYMorgan Merchant Services 18181 Communications Pkwy, Buildi,. Floor 03 Plano TX 75024 1 Chase Merchant Services Toll Free Phone (866) 428-4962 1 e, PS -Merchant Sery ossOchase.com U.S. and Canadian New Division Boarding Form 1 63576 1 Invoice Cloud Inc 1 07/31/2020 1. Company Information © Merchant whose company legal name is represented above X Additional Company whose legal name is City of Milton, GA and is a affiliate of the merchant above. 1 b. Taxpayer ID (W-9 required if new U.S. entity and/or taxpayer ID. W-8 required for Canadian entities) Transaction Division's Taxpayer ID Legal Entity Name 51-0608862 City of Milton, GA 1 c. 1099K Contact Information (Required for new U.S. Taxpayer ID's) 1099K Contact Name E-mail Address Stacey Inglis stacey.inglis@cityofmiltonga.us 1 2. Reporting Center and Transaction History Contacts C Contact #1 User exists...1 will provide ID Name E-mail Address Robert Lapides blapides@invoicecloud.com Physical Street Address Telephone # 30 Braintree Hill, Suite 303 (781) 848-3733 c1tv State/Province Zi /Postal Country Braintree MA 02184 USA Select Access M Transaction History [:] Report Center MX Both Existing User ID. I n Contact #2 n User exists ... I will provide to I Name E-mail Address Martha Greer mgreer@invoicecloud.com Physical Street Address Telephone # 30 Braintree Hill, Suite 303 (781) 848-3733 City State/Province Zip/Postal Country Braintree MA 1 1 02184 USA © Transaction History ® Report Center Ex Both Existing User ID: For additional Users, please request an additional Report Center and Transaction History form IQA / MRQA (Manager/Supervisor— one who assigns work to MCA/MRA) Note: This is the contact that will receive any documents that need to be mailed and/or faxed. Name E-mail Address Barbara Chestna Bchestna@invoicecloud.com Physical Street Address Telephone # 30 Braintree Hill, Suite 303 EFT Branch Transit # (781) 428-4174 city State/Province ZIP/Postal Country Braintree MA I 02184 USA Does this User require access to Report Center? x❑ Yes ❑ No MCA / MRA (Merchant Chargeback / Retrival Analyst — one who works the chargebacks / retrievals) Name E-mail Address Barbara Chestna Bchestna@invoicecloud.com Physical Street Address Telephone # 30 Braintree Hill, Suite 303 (781) 428-4174 city State/Province Zi /Postal Country Braintree MA 02184 USA Does this User require access to Report Center? ❑X Yes Q No ❑You will be depositing funds into an existing Funds Transfer Instruction (FTI) ❑This is a bank account we are currently funding (Bank Account #) Settlement Currency USD (US Dollar) Country Where Bank Account Resides United States DACH ©Wire Transfer ABA # 061000104 Fedwire # ❑ (Division is located outside of the U.S. or Canada, settling funds In USD and will be the method of transfer as a default) Institution # EFT Branch Transit # Bank Account Information BIC / Swift Code Sort Code IBAN / Bank Account # 1000137235791 Page 2 of 8 Company Name as it appears on Bank Account Financial Institution Name City of Milton Sun Trust Bank city State/Province Zi /Postal Country Atlanta GA 30309 USA Checking Savings ACH Debit Allowed - Your bank account must support ACH debit. If not,You must provide this Chase ACH debit block # to our bank - 1020401225 Corresponding/Clearing Account Information BIC I Swift Code Sort Code Fedwire # Financial Institution Name city State/Province � Zi /� Count Parent Business Unit Name Parent Business Unit # Business Unit Name Business Unit # City of Milton, GA I have a "Business Unit" Financial Contact (D that is not an existing "Company" Financial Contact Business Unit Financial Contact (The person whom we can obtain financial information and who is authorized to request and sign for all banking changes for a single business unit) Contact Name E-mail Address Address Phone # F - city State/ Zi /= Count6. Transaction Division Information Transaction Division Name 2220 Milton GA - Permits Division Location Street Address 2006 Heritage Walk city State/Province Milton GA Page 3 of 8 Settlement Current USD (US Dollar) Presentment Current USD Zi /Postal Country 30004 USA How will you process? ❑ Retail ❑ MOTO (Mail/Telephone) ❑x InterneVeCommerce The following field appears on the customers statement and identifies the merchant name for the consumer and credit card organization. To further aid consumer recognition, Visa has sanctioned that the full merchant legal name or the abbreviation of the merchant name be utilized, The abbreviation must be separated form product information by an asterisk ('), which must appear in the 41h, 8th or 13th position. Where would you like the asterisk placed? ❑ 41h Position ❑ 8' Position ❑ 13' Position None Cardholder Descriptor (For all card types with the exception of American Express) C i t y o f M i l t o n G A Customer Service Phone # T URL T (678)242-2500 Product/Service Description Yes ❑ No FPermits Do you provide customer orders at time sale? (Default $25,000 USD or equivalent "international" currency per transaction) If >$25,000 please provide an invoice. Maximum Sales Transaction Amount $ Maximum Refund Transaction Amount $ $ 125,000 $ 25,000 Average Transaction Price $ Average # Trans. Per Year $ 833.00 360 Projected Refund % Customer Payment Option 5% Single Payment A Bill Payment transaction is for an outgoing servicebilling Bill Payment cycle that is known and agreed upon in advance by the merchant and cardholder. (i.e. membership, insurance, etc.) Internet Transactions T Full Processing Website Address Encryption www.invoicecioud.com/cityotmiltonga QX SSL ❑ SET ❑ No encryption Can an order be placed and cardholder info given via this website? ® Yes ❑ No Is this website secure so not to be read or intercepted by others?X❑ Yes ❑ No Profile — billing & delivery of goods and services Do you stock products? ❑ Yes No Do you own product at time of sale?X❑ Yes ❑ No Do you provide customer orders at time sale? ❑ Yes ❑K No Do you drop ship the product? ❑ Yes No What % When will you charge for an order? Bill after Shipment XQ Yes ❑ No Do you fill your own orders? Fulfillment Service Bureau Fulfillment Contact Phone # Page 4 of 8 7. Products and Services (7) ❑ Account Updater Submitting Extracting (Days) ❑ MC SecureCode ❑ MCID ❑ Authorization Recycling 8. Methods of Payment Please indicated you will be using any of the following card types/methods of payment. Note that some of these services may require an additional contract amendment, pricing and/or information if you currently do not have the service. Q Visa M MasterCard ❑ Discover (conveyed) ❑ American Express Opt Blue ❑X Discover (settled) 0 Discover Diners [g] JCB Enabled for merchants who have Opted in and meet qualifications Q ❑ American Express (conveyed) O Complete section below ❑X PlNless Debit (non -Retail) ❑ PIN Based Debit (Retail) X NYCE X STAR X Pulse X Accel Division will be setup with the following network vendors (Pulse, NYCE, STAR, Intenink, Maestro, ACCEL, Jeanie, AFFN and CU24) Q Electronic Check Processing Complete section below American Express (Conveyed) Amex Service Establishment# Q Amex Cardholder Descriptor TAA #1 TAA #2 TAA #3 Do you support American Express Partial Authorization? How have you been classified as a merchant by American Page 5 of 8 Electronic Check Processing Company Name Item Description City of Milton Permits Preferred Delivery How do you obtain authorization? Best Possible (U.S. Only) Internet (U.S. Only) ECP Maximum Sale Amount USD ECP Maximum Refund Amount USD $ 125,000 $ 25,000 Number of Attempts default is 1 Smart ECP Redeposit Opt In # of days between attempts Day of week to perform Twice per month Insufficent Funds R01 Uncollected Funds Insufricent Funds R01 Uncollected Funds 2X per month 2X per month If not selected, no redeposit event will be attempted. If Smart ECP Redeposit Opt In is selected and the above values are not filled in, the re -deposit option will default to V of days" using 1 day as the # of days between attempts for both R01 and R09. 9. Processing Methods Who will be submitting transactions to J.P. Morgan and what product will they be using? Presenter Submitter Name ® Submitter # (SU) Presenter ID X (PID) I Invoice Cloud Inc 1 411744 1 1 I El NetConnect Using NetConnect Batch for connectivity Using NetConnect Online Authorization for connectivity Orbital Payment Gateway ❑X Orbital Payment Gateway Primary Contact must be company comact E-mail Address Tony Cordova tcordova@invoicecloud.com Physical Street Address Telephone # 624 E Washington St (956) 542-6825 c1tv State/Province Z! Postal Country Brownsville TX 78520 USA Page 6 of 8 Primary Contact level of access Auto -Settle Information (If blank, default will be no auto -settle) Profile Management required? Merchant Q ❑X Chain O Auto -Settle Time AM/PM 4:30 PM ❑X None ❑ Merchant T ❑ Hosted PayPage (HPP) Note: Profile Management required to use HPP ❑ Use Orbital Contact Time Zone Eastern ❑ Chain Q HPP Contact Name E-mail Address F 77 - Physical Street Address Telephone # Ci State/Province � ZI / Count Online POS Terminal (OPT) ❑ Online POS Terminal (OPT) Primary Contact must be company contact E-mail Address Physical Street Address Telephone # city State/Province � ZiZi l� Country Primary Contact level of access Auto -Settle Information (If blank. default will be no auto -settle) OPT ONLY — Is iPP320 needed? Merchant ® Chain Auto -Settle Time AM/PM Yes No Time Zone 1Q Point -of -Sale Software (VAR)Point-of-Sale Software (VAR) I Software Name Comm. Method Caoture Tvoe Software Hosted ❑ EquipmenttTerminal Page 7 of 8 10 PIN Pad (Retail Only) Kits and Imprinters Overlay. QRG. etc. CD Sales/Credit Draft etc CD Imorinter Plate Imprinter (def. none) Shipping Details Note: Please ensure a ship to contact will be available to accept shipment (default will be store manager) Primary Contact E-mail Address Bernadette Harvill F bernadette.harvill@cityofmiltonga.us Street Address Telephone # 2006 Heritage Walk (678) 242-2510 city State/Province z'/postai Country Milton I GA 30004 USA 11. Signature Print Name Joe Lockwood Title Mayor I represent and warrant: (a) I am duly authorized by Merchant to submit the information provided herein and execute this document on behalf of Merchant; (b) I am duly authorized to provide the banking information set forth herein for the purposes outlined, including the transfer of funds; (c) I am duly authorized to grant access to the information contained and outlined herein to all contacts listed throughout the document; and (d) all information provided herein on behalf of Merchant is true and accurate. Signature Date Signer's name must appear as ASUFinancial Contact outlined herein. Digital and Electronic Signatures not Acceptable "In order for us to settle funds in accordance with the banking details supplied herein, you are responsible for providing true, accurate, current and complete information regarding your banking details, and we are not responsible for errors or omissions in the information that you provide. In the event that any banking details provided by you are incomplete, not current, or inaccurate, you agree that we may request, obtain and use credit or any other reports/information from third party sources to complete such banking details necessary for us to settle funds with you. You further agree that we are not responsible and shall not be liable in any way for any delay or failure to settle funds with you or for any error in your settlement account if the banking details/information provided by you or by third party sources is false, incomplete, not current or inaccurate. Page 8 of 8 CONVENIENCE FEE TRANSACTION AMENDMENT TO FULL LIABILITY SUBMITTER PAYMENT INSTRUMENT PROCESSING AGREEMENT AND PAYMENT PROCESSING INSTRUCTIONS AND GUIDELINES MERCHANT NAME: City of Milton, GA SUBMITTER NAME: Invoice Cloud, Inc. This Convenience Fee Transaction Amendment shall, upon full execution by all parties hereto, modify (i) that certain Submitter Merchant Payment Processing Instructions and Guidelines (the "Processing Guidelines' between Paymentech, LLC (hereinafter referred to as "Paymentech", "we", "our" or "us"), JPMorgan Chase Bank, N.A., a national banking association ("Member"), and City ofMiltov GA (hereinafter referred to as the "Merchanf� dated as of the date last signed below (the "Effective Date'l and (ii) that certain Full Liability Submitter Payment Instrument Processing Agreement (the "Submitter Agreement") between Paymentech and Invoice Cloud, Inc. (hereinafter referred to as the "Submitter"), dated as of June 11, 2010, as amended. 1. APPLICABILITY OF AGREEMENT. Unless otherwise indicated in this Amendment, capitalized terms in this Amendment have the meanings set forth in the Processing Guidelines. The terms and conditions of this Amendment apply to all Convenience Fee Transactions processed pursuant to this Amendment. Unless expressly contradicted by this Amendment, all terms of the Processing Guidelines and the Submitter Agreement shall apply to the processing of Convenience Fee Transactions as defined herein. 2. DEFINITIONS. Convenience Fee Transaction is a transaction representing a charge to a Customer's Card for the convenience of using the payment channel offered by Merchant and Submitter. 3. PROCESSING AND PAYMENT. Merchant and Submitter hereby agree that (i) all Convenience Fee Transactions will be submitted by Submitter to Paymentech under the Submitter Agreement, (ii) all Transactions will be submitted by Submitter on behalf of Merchant to Paymentech under the Processing Guidelines, (iii) all Paymentech processing fees, interchange and assessment fees, or other fees that may apply associated with the Convenience Fee Transaction shall be paid by Submitter, (iv) all Paymentech processing fees, interchange and assessment fees, or other fees that may apply associated with Transactions shall be paid by Submitter, (v) all Chargebacks (but not chargeback fees), returns and similar charges related to Transactions shall be paid by Merchant, (vi) all Cbargebacks, Chargeback fees, funds transfer fees, returns and similar charges related to Convenience Fee Transactions shall be paid by Submitter, (vii) all funds transfer fees, Chargeback fees and similar charges related to Transactions shall be paid by Submitter (viii) settlement funding for Convenience Fee Transactions will be paid directly to a bank account designated by Submitter, and (ix) settlement funding for Transactions will be paid directly to a bank account designated by Merchant. Your signature on this Amendment that you return to us indicates your understanding and acceptance of its terms and incorporation by reference in the Processing Guidelines and the Submitter Agreement. Agreed and Accepted by: City of Milton, GA MERCHANT LEGAL NAME (Print or Type) 2006 Heritage Walk Milton GA 30004 Address (Print or Type) By (authorized signature) Joe Lockwood, Mayor By, Name, Title (Print or Type) Date Agreed and Accepted by: Invoice Cloud, Inc. SUBMITTER LEGAL NAME (Print or Type) 35 Braintree Hill Office Pk Ste 100, Braintree, MA 02154 Address (Print or Type) :gd�A± "- By (authorized signature) Robert Lapides, President By, Name, Title (Print or Type) 07-13-2020 Date Aight/RPreble/040210 Agreed and Accepted by: PAYMENTECH, LLC for itself and on behalf of JPMORGAN CHASE BANK, N.A. Print Name: Address: 4 Northeastem Boulevard, Salem, NH 03079 INTERNAL PAYMENTECH USE pdf Merchant Name: City of Milton, GA Page 1 of 1 Paymentecb Contract No.: 063576 Date Printed c -- InvoiceCloud" Annex to Biller Terms and Conditions for American Express Processing ("AMEX") (Annex") By executing this Annex, Biller (the "Biller"), is agreeing to comply with the AMEX Rules as they pertain to Transactions you submit for processing through the Invoice Cloud Services. The Biller has contracted with Invoice Cloud, to obtain AMEX card processing services on the Biller's behalf. This Annex supplements the Biller Agreement Terms and Conditions. All capitalized terms used in this Annex have the same meaning as ascribed in the Biller Agreement Terms and Conditions, unless otherwise defined herein. 1) Settlement a. Upon receipt of the Biller's Transactions,AMEX will process the Transactions and facilitate the funds transfer between American Express, the Biller, and Invoice Cloud. b. AMEX will provide provisional credit to the Bank Accountyou designate hereunder under the Funding Schedule. 2) Processing and Payment. The Biller and Invoice Cloud agree that all Convenience Fee Transactions will be submitted to AMEX under the Biller Agreement, all Transactions will be submitted by Invoice Cloud, Inc. on behalf of the Biller to AMEX, all AMEX processing fees that may apply associated with Transaction shall be paid by Invoice Cloud, all Chargebacks, returns and similar charges will be paid by the Biller, and all fees, for the Convenience Fee Transactions shall be paid by Invoice Cloud. Convenience Fee Transactions will be transferred directly to the bank account designated by Invoice Cloud and settlement funding for Transactions will be transferred to the bank account designated by the biller. 3) Reduction of Payments to Biller Unless otherwise agreed to by the parties, the proceeds payable to the Biller shall be reduced by all Chargebacks, customer refunds and other applicable charges. Invoice Cloud is hereby authorized to draw from Biller's account for this purpose. If the proceeds payable to the Biller do not represent sufficient credits, or the those proceeds or such account does not have a sufficient balance to pay amounts due from you under these guidelines, Invoice Cloud may pursue one or more of the following options: (1) demand and receive immediate payment for such amounts; (li) debit a Biller bank account for the amount of the negative balance; (iii) withhold settlement payments to the Biller until all amounts are paid, (iv) delay presentation of refunds until a payment is made to us of a sufficient amount to cover the negative balance; and (v) pursue any remedies we may have at law or In equity. 4) Chamebacks The Biller may receive a chargeback for a number of reasons. The following are some of the most common reasons for chargebacks, 1. you do not issue a refund to a customer upon return or non-delivery of service ii. An authorization/approval code was required and not obtained Ill. The transaction was fraudulent iv. The customer disputes the card sale v. The customer refuses to make payment for a card sale because in the customers good faith opinion, a claim or complaint has not been resolved or has been resolved by you but in an unsatisfactory manner. b. Chargebacks and the Billets Responsibility 1. The Biller is fully responsible for any and all chargebacks related to their AMEX account($). 11. Upon a Chargeback, AMEX will automatically deduct the amount of the chargeback from the Invoice Cloud, Inc's bank account. Ill. The Biller hereby gives permission for Invoice Cloud to withdraw the chargeback amount from the biller's bank account, described in section 6 of this Annex, within 24 hours of the chargeback being deducted from Invoice Cloud's bank account by AMEX. 5) Data Security and Privacy By signing below, the Biller represents that they do not have access to any Card Information data and you as the Biller will not request such Card Annex to Biller Agreement Terms and Conditions IAnnex") Version 1.01 I I P a g e Information from Invoice Cloud. In the event Card Information in connection with the processing services provided by Invoice Cloud or AMEX under these guidelines, Biller agrees not use it for any fraudulent purpose or in violation of any AMEX or applicable law and the Biller will comply with all applicable AMEX Rules. If at any time you the Biller believe that Card Information has been compromised, you the Biller must notify AMEX and Invoice Cloud promptly and assist in providing notification to the proper parties. You as the Biller must ensure your Compliance. You as the Biller may not use any Card Information other than for the sole purpose of completing the Transaction authorized by the payer for which the Information was provided to you. 6) Funding Schedule In order to receive funds from AMEX you must maintain a bank account that is a member of the Automated Clearing House System and the Federal Reserve wire system. You must designate a bank account for the deposit and settlement of funds and the debit of any fees and costs associated with processing of Transactions. The deposits will come from AMEX and any fess and chargebacks drafted by Invoice Cloud. Biller is hereby authorizing AMEX to Initiate electronic credit entries to your bank account. The biller is also authorizing Invoice Cloud, to make initiate any necessary debits and adjustments to the said Biller's bank account. In the event of the said Biller's failure you shall not sell, transfer or disclose any transactional or credit card information to third parties. a. If otherwise agreed to by Amex, the said Biller and Invoice Cloud, the proceeds payable to the bank account shall he equal to the amounts received by AMEX in respect of your Card transactions. It. Invoice Cloud shall use the bank account listed below to draft account when and if required as outlined in this Annex. Sun Trust Bank Name of Bank: ARA NO: 061000104 1) Definitions Account Name: City of Milton Account NO: 1000137235791 "Card" is an account, or evidence of an account, authorized and established between a customer and AMEX payment for a good or service. "Chargeback is a reversal of a Transaction you previously presented to Amex and/or Invoice Cloud pursuant to Payment Brand Rules. "Transaction" is a transaction conducted between a customer and Biller and/or Invoice Cloud utilizing a Card in which consideration is exchanged between the customer and Biller and/or Invoice Cloud. hereunder. "Convenience Fee Transaction" Is transactions representing a charge to a Customer's Card for the convenience of using the payment channel offered by Biller and Invoice Cloud. "Card Information" is Information related to a Customer or a Customer's Card that Is obtained by the Biller or Invoice Cloud from the Customers Card or from the Customer in connection with his or her use of a card. The card Information could Include, the Card account number, the Card expiration date, the customer's name or date of birth, the PIN data, the security code data and any other data read, scanned Imprinted or otherwise obtained from the payment Instrument. Agreed and Accepted by: BY: Joe Lockwood Printed Name: 2006 Heritage Walk ADDRESS: Milton GA30004 Title: Mayor Email: joe.lockwood@cityofmiltonga.us Phone: 678-242-2500 Date: Annex to Biller Agreement Terms and Conditions (Annex') Version 1.01 2 1 P a e e Invoice Cloud, Inc. Bw -R,lwt " Printed Name: Robert Lapides Title: President, GUB Division 07-13-2020 Date: Address: 30 Braintree Hill Office Park, Suite 303, Braintree, MA 02184 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 29, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Minor Plat Name of Development / Location Action Comments / # lots Total Acres Density 1. Commercial Parcel of Lakeside at Crabapple LL 1134 860 and 870 Mayfield Road Minor Plat Subdivided from 870 Mayfield Road into one lot 0.742 One (1) Commercial Lot MEETING DATE: Monday, August 3, 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 August 3, 2020 To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on July 28, 2020 for the August 3, 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 Commercial Parcel of Lakeside at Crabapple minor plat described herein consists of a .742-acre parcel located at 860 Mayfield Road on the Northwest corner of Charlotte Drive and Mayfield Road zoned T-4 Open within the Crabapple Form Based Code. This parcel was a result of the newly dedicated Charlotte Drive Right of Way by Taylor Morrison. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Consent Agenda Plats Staff Memo Page 2 of 5 Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Commercial Parcel of Lakeside at Crabapple LL 1134 860 and 870 Mayfield Road Minor Plat Subdivided from 870 Mayfield Road into one lot 0.742 One (1) Commercial Lot 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: July 29, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2021; and for Other Purposes MEETING DATE: Monday, August 3, 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: __________ August 3, 2020 X X X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on July 28, 2020 for the August 3, 2020 Regular City Council Meeting (First Presentation) and August 10, 2020 Special Called City Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2021; and for Other Purposes. Executive Summary: The City has advertised and enclosed an ordinance based on a Maintenance and Operating (M&O) millage rate of 4.731 mills, which maintains the same millage rate used to calculate Milton property tax bills for each tax year from 2007 to 2017 and 2019. We are also proposing a bond millage rate of 0.538 mills for the General Obligation Bond, Series 2017 (i.e. greenspace bond) that was approved through referendum on the November 2016 ballot. This will cover the fourth year of debt service payments totaling $1,711,125. The Fulton County consolidation and evaluation of digest for tax year 2020 reflects taxable assessments for real and personal property and heavy duty equipment at $3,197,995,956 net of exemptions (please note HB710 passed in 2018 created a new floating exemption based on the consumer price index for properties with a current homestead exemption including the primary residence and five (5) contiguous acres of land which has more than doubled the City’s exemptions). The State of Georgia requires two calculations when comparing year over year tax collection rates. The calculation of percentage increase/decrease in property taxes involves the calculation of a rollback rate. The rollback rate takes reassessments of existing real property and other net changes to the digest, such as new construction, into consideration. According to this calculation, maintaining a 4.731 M&O millage rate represents a decrease of 10.04% from the 2019 digest figures. The main factor causing this decrease is the reassessment of existing real property and the related impact of the floating exemption calculation related these reassessments. The second calculation is represented in the enclosed five-year history of levy advertisement. This formula compares taxes levied year over year without consideration of the impacts related directly to reassessments of existing real property. The result is a net neutral year over year levy anticipation (based on a 100% collection rate) for the 2020 tax year when compared to 2019. Motor vehicle assessed values in 2020 are $14,490,680 and have decreased by 25% since 2019. This decline is a result of HB386, which is phasing out motor vehicle taxes (or the “birthday tax”) and replacing it with the title ad valorem tax (TAVT). The TAVT is a one-time title fee that is paid on all vehicle sales. It is not a property tax and is, therefore, not included in the tax digest. Funding and Fiscal Impact: The total amount of property taxes to be levied for M&O purposes, excluding motor vehicle tax, is roughly $12.7 million (this amount is based on a 100% collection rate). The FY 2021 budget anticipates year one collections totaling $11,730,384, or 95%, for real property and $204,641, or 65%, for personal property. Historically, Milton has experienced a collection rate of 90–94% of real property by the due date. Alternatives: Other Council directed action. Legal Review: Not required. Concurrent Review: Steve Krokoff, City Manager Incorporated City of Milton 2015 2016 2017 2018 2019 2020 Real & Personal 2,332,989,792 2,435,683,451 2,522,451,452 3,002,308,260 3,164,882,867 3,197,841,549 Motor Vehicle 80,438,520 55,613,700 38,158,500 26,535,480 19,364,570 14,490,680 Mobile Homes 0 0 0 0 0 0 Timber – 100%0 0 0 0 0 0 Heavy Duty Equipment 0 0 104,009 61,463 76,149 154,407 Gross Digest 2,413,428,312 2,491,297,151 2,560,713,961 3,028,905,203 3,184,323,586 3,212,486,636 Less M&O Exemptions 174,457,350 163,773,480 169,616,430 196,963,090 493,828,424 521,478,223 Net M&O Digest 2,238,970,962 2,327,523,671 2,391,097,531 2,831,942,113 2,690,495,162 2,691,008,413 Gross M&O Millage Rate 8.374 8.342 8.244 7.417 8.171 8.343 Less Millage Rate Rollbacks (LOST)3.643 3.611 3.513 3.027 3.440 3.612 Net M&O Millage Rate 4.731 4.731 4.731 4.39 4.731 4.731 Bond Millage Rate 0 0 0.321 0.671 0.588 0.538 Total City Millage Rate 4.731 4.731 5.052 5.061 5.319 5.269 M&O Taxes Levied 10,592,572 11,011,514 11,312,282 12,432,226 12,728,733 12,731,161 Bond Taxes Levied 0 0 767,542 1,900,233 1,821,658 1,655,748 Total City Taxes Levied 10,592,572 11,011,514 12,079,825 14,332,459 14,550,391 14,386,909 Net M&O Taxes $ Increase 598,381 418,943 300,768 1,119,943 296,507 2,428 Net M&O Taxes % Increase 6.0%4.0%2.7%9.9%2.4%0.0% CITY OF MILTON NOTICE The City of Milton does hereby announce that the millage rate will be set at a meeting to be held at City Hall Council Chambers, 2006 Heritage Walk, Milton, Georgia on August 10, 2020 immediately following the Work Session at 6:00 PM and pursuant to the requirements of O.C.G.A § 48-5-32 does hereby publish the following presentation of the current year’s tax digest and levy, along with the history of the tax digest and levy for the past five years. Current 2020 Tax Digest and Five Year History of Levy All figures are based upon a 100% collection rate and have been derived from the original consolidation and evaluation of digest provided by Fulton County each year. Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ESTABLISH THE AD VALOREM TAX RATE OF THE CITY OF MILTON FOR FISCAL YEAR 2021; AND FOR OTHER PURPOSES WHEREAS, the Charter of the City of Milton, Georgia authorizes the City to levy and provide for the assessment of ad valorem property taxes on all property subject to taxation; and WHEREAS, the Charter of the City of Milton, Georgia provides that the valuation of all property subject to taxation by the City shall be determined according to the tax digest prepared by the Fulton County Board of Tax Assessors; and WHEREAS, the Mayor and City Council, after hearing and after duly considering all such relevant evidence, testimony and public comments, has determined that it is in the best interests of, and necessary to meet the expenses and obligations of, the City of Milton, Georgia to set a levy in the amount of $5.269 on each $1,000.00 of taxable value for all property subject to ad valorem taxation by the City; now BE IT ORDAINED by the Mayor and City Council of the City of Milton, Georgia as follows: SECTION I: The ad valorem tax rate for the City of Milton, Georgia for the 2021 fiscal year, on property subject to ad valorem taxation by the City is hereby fixed at $5.269 on forty percent (40%) of each $1,000.00 of property subject to ad valorem tax by the City. SECTION II: Said rate of $5.269 on forty percent (40%) of each $1,000.00 of taxable property is hereby levied as follows: (a) For General Government purposes $4.731 on forty percent (40%) of each $1,000.00 of taxable property. (b) For the purpose of retiring outstanding General Obligation bonds, $0.538 on forty percent (40%) of each $1,000.00 of taxable property. SECTION III: All ordinances and parts of ordinances in conflict herewith are hereby repealed. Page 2 of 2 ORDAINED this the ____day of ________, 2020. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (SEAL) Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ESTABLISH THE AD VALOREM TAX RATE OF THE CITY OF MILTON FOR FISCAL YEAR 2021; AND FOR OTHER PURPOSES WHEREAS, the Charter of the City of Milton, Georgia authorizes the City to levy and provide for the assessment of ad valorem property taxes on all property subject to taxation; and WHEREAS, the Charter of the City of Milton, Georgia provides that the valuation of all property subject to taxation by the City shall be determined according to the tax digest prepared by the Fulton County Board of Tax Assessors; and WHEREAS, the Mayor and City Council, after hearing and after duly considering all such relevant evidence, testimony and public comments, has determined that it is in the best interests of, and necessary to meet the expenses and obligations of, the City of Milton, Georgia to set a levy in the amount of $5.269 on each $1,000.00 of taxable value for all property subject to ad valorem taxation by the City; now BE IT ORDAINED by the Mayor and City Council of the City of Milton, Georgia as follows: SECTION I: The ad valorem tax rate for the City of Milton, Georgia for the 2021 fiscal year, on property subject to ad valorem taxation by the City is hereby fixed at $5.269 on forty percent (40%) of each $1,000.00 of property subject to ad valorem tax by the City. SECTION II: Said rate of $5.269 on forty percent (40%) of each $1,000.00 of taxable property is hereby levied as follows: (a) For General Government purposes $4.731 on forty percent (40%) of each $1,000.00 of taxable property. (b) For the purpose of retiring outstanding General Obligation bonds, $0.538 on forty percent (40%) of each $1,000.00 of taxable property. SECTION III: All ordinances and parts of ordinances in conflict herewith are hereby repealed. Page 2 of 2 ORDAINED this the ____day of ________, 2020. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (SEAL) CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 29, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of U20-01/VC20-01 located at 12900 Arnold Mill Road by Ebenezer United Methodist Church to request a Use Permit (Sec. 64-1804) to construct a 23,000 sq. ft. activity center on the existing church property 5,088 sq. ft.) for a total of 28,088 sq. ft. on 6.61 acres. To request a two-part concurrent variance to 1) to allow parking in front of a building (Sec. 64-1143(g)(5)(c)); and 2) to reduce the required parking (Sec. 64-1410). MEETING DATE: Monday, August 3, 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 August 3, 2020 U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020). *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. USE PERMIT STAFF REPORT 12900 Arnold Mill Road CASE NUMBER: U20-01/VC20-01 CURRENT ZONING: AG-1 (Agricultural) CURRENT USE: Church – 5,088 sq. ft. PROPOSED USE PERMIT: Church (Sec. 64-1804) PROPOSED USE: Church Activity Center – 23,000 sq. ft. ACREAGE: 6.61 acres COMPREHENSIVE PLAN CHARACTER AREA: Arnold Mill DISTRICT/SECTION/LAND 2ND District, 2nd Section, LL 1092 LOT(S): APPLICANT/OWNER: Gene Jernigan Ebenezer United Methodist Church 12900 Arnold Mill Road Milton, GA 30075 REPRESENTATIVE: Regie Elkins 3605 Sandy Plains Road Suite 240-427 Marietta, GA 30066 APPLICANT’S REQUEST: A Use Permit to construct a 23,000 sq. ft. activity center on the existing church property (5,088 sq. ft.) for a total of 28,088 sq. ft. on 6.61 acres. To request the following two-part concurrent variance*: Concurrent Variance to Off-Street Parking: (Part 1) Sec. 64-1410 Part 1: To reduce the required parking. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 2 of 36 7/29/2020 Concurrent Variance to Use Permit (Part 2): Sec. 64-1804(b)(1) Part 2: To reduce the use area/structure setback from 100 feet to 25 feet from any adjoining residential district or AG-1 used for single family dwellings (This request is no longer required and has been withdrawn.) Concurrent Variances to Rural Milton Overlay District (Parts 3 and 4) Sec. 64-1143 (3)(B) Part 3: To delete the 75-foot undisturbed buffer and 10-foot improvement setback adjacent to the north property lines and the property line labeled N10° 22’ 54“East (This request is no longer required and has been withdrawn.) Sec. 64-1143(g)(5)(c) Part 4: To allow parking in front of a building. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 3 of 36 7/29/2020 PLANNING COMMISSION – FEBRUARY 26, 2020 Voted to defer this item to the March 25, 2020 meeting as requested by the applicant to allow additional time to revise the site plan. PLANNING COMMISSION – MARCH 25, 2020, APRIL 22, 2020, & MAY 27, 2020 These meetings were canceled due to the emergency resolution in response to the Covid-19 epidemic. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – JUNE 24, 2020 U20-01 – APPROVAL CONDITIONAL VC20-01 – PARTS 1 & 4 – APPROVAL CONDITIONAL (PARTS 2 & 3 PREVIOUSLY WITHDRAWN) PLANNING COMMISSION RECOMMENDATION – JUNE 24, 2020 U20-01 – APPROVAL CONDITIONAL – 7-0 VC20-01 – PARTS 1 & 4 – APPROVAL CONDITIONAL 7-0 The Commission recommended that the days and times of deliveries be the following and are reflected in the Recommended Conditions: Condition 2) b. Days and Times of Operation Monday through Saturday - 8:00 a.m. to 10:00 p.m. Sundays - 8:00 a.m. to 9:30 p.m. Deliveries: Sunday through Saturday – 8:00 a.m. to 8:00 p.m. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 4 of 36 7/29/2020 Subject Site – Existing building looking north on Arnold Mill Road Subject Site – Existing building looking south toward Cox Road U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 5 of 36 7/29/2020 LOCATION MAP U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 6 of 36 7/29/2020 EXISTING ZONING MAP U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 7 of 36 7/29/2020 2035 FUTURE LAND USE MAP U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 8 of 36 7/29/2020 SITE PLAN SUBMITTED – December 2, 2019 U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 9 of 36 7/29/2020 REVISED SITE PLAN SUBMITTED – MARCH 16, 2020 U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 10 of 36 7/29/2020 SUBJECT SITE AND BACKGROUND: The subject site is zoned AG-1 (Agricultural) developed with the Ebenezer United Methodist Church with 5,088 square feet that includes the sanctuary and a small outbuilding. Since the last Use Permit approved by Fulton County pursuant to U93-024, the church has acquired approximately 2.47 additional acres for a total of 6.61 acres. The approved Use Permit in 1993 allowed for an addition to the existing church up to 5,000 square feet. The church is now requesting permission to develop a 23,000 square foot activity center. In their letter of intent, they state: “It would be to serve the neighborhood as well as congregational use; such as weddings, retreats, funerals, youth activities, and Easter and Christmas services special events.” Staff notes that at the December 17, 2019 CZIM Meeting it was discovered that there was a single-family house located on the Georgia Golf Center’s property to the north. Therefore, an additional concurrent variance was added to the request and a need to re-advertise for the use permit and concurrent variance. Staff met with representatives of the church, their architect and engineer and discussed the possibility of revising the site plan in order to move the proposed activity center away from the north property line and no longer require the concurrent variance related to the original location. Included below are preliminary elevations of the proposed activity center and proposed pavilion for the site. Please note that all structures will be required to be reviewed and approved by the City of Milton Design Review Board. The applicant’s architect has been working closely with the City Architect on the design of the buildings to ensure compliance with Rural Milton Overlay District. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 11 of 36 7/29/2020 Activity Center Elevations (Looking West and North) U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 12 of 36 7/29/2020 Activity Center Elevations (Looking East and South) U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 13 of 36 7/29/2020 U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 14 of 36 7/29/2020 Example of the type of pavilion In addition, during that time, it was discovered that a 34” DBH located in the center of the site was determined to be significantly in decline and a possible hazard to the area. The City Arborist approved the request to remove the subject tree. A revised site plan was received by the Community Development Department on March 16, 2020 that reflects the proposed current location and orientation of the activity center. Public Involvement Community Zoning Information Meeting There were two CZIM meetings held. The first was held on December 17, 2019. The applicant was there as well as the project architect from the church. There were six members of the community who signed the attendance sheet. The following issues/concerns were discussed during the meeting: • Property owners in the Etris Walk Subdivision (within the City of Roswell) on the south side of Cox Road were concerned about lighting and traffic produced by the additional parking lot and building. • The owner/operator of the Georgia Golf Center which abuts the site to the north did not approve of the new building so close to their property line without some type of buffer. • Everyone expressed concern over the congested intersection at Cox and Arnold Mill as well as Cox and Etris Roads (City of Roswell). The second CZIM meeting was held on January 28, 2020 which included an additional concurrent variance required at the time based on the original site plan. The applicant and the architect were present at the meeting. There was no one from the community in attendance. City of Milton Design Review Board Meeting Courtesy Review – February 4, 2020 The following comments were made at the meeting: U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 15 of 36 7/29/2020 • Support the use permit. Need to work on architecture if approved and would like to see the paint color if approved. • Wise to reduce the parking. Public Participation Meetings and Report The first meeting was held December 16, 2019 with four attendees present. The major points of discussion/questions concerned the parking lot lighting and existing traffic at the Arnold Mill Rd/Cox Rd intersection. It was pointed out the parking lighting would be per the City of Milton Night Sky Ordinance. According to the applicant, the attendees all seemed to like the project and willing to support it. The second meeting was scheduled for February 17, 2020 to include the proposed additional concurrent variance that was subsequently no longer required. No one showed up for this meeting. Both meetings were held at the church’s fellowship hall at 6:00 p.m. City of Roswell Staff informed the City of Roswell Community Development Department about the requested Use Permit and Concurrent Variances for the proposed activity center. The Roswell Community Development Department informed Milton Staff that they were not opposed to the request or required any special conditions for the site. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on March 16, 2020, Staff offers the following considerations: Parking VC20-01 - Part 1: To reduce the required parking (Sec. 64-1410). The applicant is requesting to reduce the number of required parking spaces from 220 spaces to 144 spaces of which 27 currently exist. The parking standards for an assembly area without fixed seating is one space per 35 square feet in the largest assembly area. The proposed new activity building will have 7,700 square feet for the largest assembly area U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 16 of 36 7/29/2020 which requires 220 spaces. The request is to reduce the number to 144 spaces. The number of parking spaces for the main sanctuary is more than sufficient and the two buildings would not be utilized simultaneously therefore, the 144 parking spaces would accommodate the needs of the congregation. The applicant states the following in the revised Letter of Intent* regarding the parking reduction: “The new 117 spaces in addition to the existing 27 spaces totals 144 spaces. An additional 25 spaces are available by permission at the Porter School across Cox Road. This totals 169 spaces. The maximum event totals for Ebenezer’s largest event is for their Christmas Eve services. They have two services averaging 110 people at each service. Realistically there would be only 2-4 annual events that might have the need for the available reduced parking…Additionally, Ebenezer UMC’s intent is to use porous, grass pavers or crushed gravel on the southwest parking area in lieu of asphalt.” (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance The proposed and existing 144 parking spaces is sufficient parking for the site based on the infrequency of special services and the historical attendance in the main church building and the availability of 25 additional parking spaces across the street at the Porter School for when the new activity center is used. In addition, the applicant will be constructing the new parking area with porous, grass pavers or crushed gravel in lieu of asphalt which will improve the hydrology of the site. Therefore, relief, if granted, would not offend the spirit or intent of this zoning ordinance. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. The required 220 parking spaces required is excessive based on the infrequency of special services in the main church building and available off-site parking at the Porter School. In addition, the site has a stream which requires a 75-foot buffer from its wrested vegetation, as well as the U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 17 of 36 7/29/2020 requirement for the 75-foot buffer and 10-foot improvement setback along the west property line adjacent to an existing single-family residence. These exceptional situations or conditions create an unnecessary hardship not caused by the applicant. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. Based on the infrequency of special services and the historical attendance in the main church building and the availability of 25 additional parking spaces across the street at the Porter School for the new activity center when it is in use, relief, if granted would not cause a substantial detriment to the public good and surrounding properties. (4) That the public safety, health and welfare are secured, and that substantial justice is done. In providing the requested 144 parking spaces, the public safety, health and welfare are secured, and that substantial justice is done. Church Use Permit Standards Below is a table that shows the development standards that indicate compliance with these standards for a church. The applicant originally requested one (1) concurrent variance as it relates to the development standards of the Church Use Permit. Based on the revised site plan and revised Letter of Intent* which relocated the activity center 100 feet from the north property line adjacent to a single-family residence, VC20-01, Part 2 is no longer required and has been withdrawn from the request. Church (Section 64-1804) Required Standard Meets the Standard Required districts – AG-1 (Agricultural) Yes Standards. (1) All buildings and use areas/structures other than parking and pedestrian walkways shall be located at least 100 feet from any adjoining residential district or AG-1 district used for single-family dwellings. Yes (2) No parking shall be located within the minimum front yard setback. Yes U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 18 of 36 7/29/2020 (3) Any associated day care centers, private schools, recreational fields or other uses requiring a use permit or administrative permit shall be allowed only under a separate approved use permit or administrative permit for each use. Not Applicable/ No day care, private schools, etc. (4) The minimum buffers and landscape strips required for the O-I zoning district as specified in article III of this zoning ordinance shall be required. Not Applicable/ Rural Milton Overlay Requirements supersede these requirements Rural Milton Overlay District The proposed site plan meets the requirements of the Rural Milton Overlay District as required pursuant to Sec. 64-1142 except for one (1) development standard and the applicant is requesting concurrent variances which will be discussed below. Staff notes that VC20-01, Part 3 has been withdrawn from this request based on the relocation of the proposed activity center and therefore will meet the requirement for a 75-foot undisturbed buffer and 10-foot improvement setback along the north property line. Northern property lines (75-foot buffer and 10-foot improvement setback) U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 19 of 36 7/29/2020 Western property lines (75-foot buffer and 10-foot improvement setback) VC20-01, Part 4: To allow parking in front of a building (Sec. 64- 1143(g)(5)(c)). The Rural Milton Overlay does not permit parking in front of a building or between a building and the street. The applicant is requesting that the existing parking in front of the existing building as well as parking in front of the proposed building be permitted. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance The applicant will be installing the required 15-foot landscape strip planted to buffer standards in front of the existing and proposed parking along the Cox Road frontage. The existing parking has existed since prior to the adoption of the Rural Milton Overlay District (previously known as the Northwest Fulton Overlay District) based upon the approved Use Permit U93-24 (Fulton County). The location for the proposed parking is the only area that can accommodate the number of parking spaces needed for the site. By providing vegetation to help ameliorate the impact of the parking, relief, if granted does not offend the spirit or intent of this ordinance. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 20 of 36 7/29/2020 (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. The site plan indicates compliance with all the required setbacks and buffers. In addition, there is a state water that requires a 75-foot stream buffer and 10-foot improvement setback on either side of the stream. Lastly, the site is located on a corner and therefore, it is difficult to place parking behind the building and not between the street and the buildings. Based on these issues, these are exceptional conditions that are not caused by the applicant. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. Based on the above discussed issues, relief of providing parking behind buildings, will not cause a substantial detriment to the public good and surrounding properties. (4) That the public safety, health and welfare are secured, and that substantial justice is done. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 21 of 36 7/29/2020 Existing Parking Lot in front of church building (Looking towards Cox Rd) By approving this request, the public safety, health and welfare are secured, and that substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL of Part 4 of VC20-01. Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed as required by the Zoning Ordinance. The site plan indicates there are no wetlands or floodplain on the property. There is a stream located on the property and has been identified with the appropriate buffers. There are not presently or in the future any buildings or activity within this sensitive area. There are no steep slopes, archeological/historical sites, endangered vegetation or wildlife on the site. The applicant has submitted the appropriate tree survey and shall comply with the City of Milton Tree Ordinance. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The existing church is in the Agricultural, Equestrian, Estate Residential (AEE) land use category on the City of Milton 2016 Comprehensive Plan Update Plan Map. A church or place of worship is an allowed use if a Use Permit is approved by the Mayor and City Council. Therefore, it is the opinion of Staff that the proposed use is consistent with the current Comprehensive Land Use Plan. 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 22 of 36 7/29/2020 Based on the adjacent and nearby land uses and zoning districts indicated below in the table and corresponding map, the proposed expansion is compatible with the land uses and zoning districts in the vicinity of the subject site. Number Direction Description Zoning District/ Use Permit 1 North/NW Georgia Golf Driving Range AG-1(Agricultural) U89-31 2 North/East Scattered single family residences on various size parcels AG-1(Agricultural) 3 Southeast Ebenezer Cemetery AG-1(Agricultural) 4 Southeast City of Milton Soccer Complex AG-1(Agricultural) 5 South The Porter School (City of Roswell) Civic & Institution 6 South/SW Etris Walk Subdivision (City of Roswell) RS-30 (Single Family Estate) 7 Further West Union Primitive Baptist Church AG-1(Agricultural) U11-01 8 West Single Family Residence AG-1 (Agricultural) U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 23 of 36 7/29/2020 U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 24 of 36 7/29/2020 Looking Southwest towards Etris Walk Subdivision Looking south toward Etris Walk Subdivision across Cox Rd U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 25 of 36 7/29/2020 Looking south toward the Porter School across Cox Rd City’s soccer fields across Cox Rd U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 26 of 36 7/29/2020 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use currently violates regulations governing land development, but if the requested use permit and associated concurrent variances are approved it would not violate local, state and/or federal statutes, ordinances or regulations governing land development. 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: Based on the fact that the church and the proposed new activity center will have limited use during the week and the type of activities that should not increase the amount of traffic accessing the property, the proposed use will not have a negative impact on the traffic flow, vehicular and pedestrian, along adjoining streets. Sidewalk along frontages will be required due to site being within ½ mile of an active park. 5. The location and number of off-street parking spaces; The location of the existing parking is at the corner of Cox and Arnold Mill Roads in front of the existing sanctuary. The proposed new parking is located behind the existing sanctuary and to the west along Cox Road. The concurrent variance to allow parking at its proposed location is discussed above. The site will accommodate the Rural Milton Overlay District requirement of a 15-foot wide landscape strip planted to buffer standards pursuant to Sec. 64-1143(b)(3) which will ameliorate the view of the parking from the road. In addition, the applicant is requesting to reduce the number of required parking spaces from 220 spaces to 144 spaces that include 27 existing spaces. The parking standards for an assembly area without fixed seating is one space per 35 square feet in the largest assembly area. The proposed new activity building will have 7,700 square feet for the largest assembly area which requires 220 spaces. The request is to reduce the number to 144 spaces. The number of parking spaces for the main sanctuary is more than sufficient and the two buildings would not be utilized simultaneously therefore, the 144 parking spaces would accommodate the needs of the congregation. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 27 of 36 7/29/2020 6. The amount and location of open space: The site contains 6.61 acres and there is a stream located on the northwestern portion of the property and a 75-foot undisturbed buffer and 10-foot improvement setback adjacent to the west and northern property lines. 7. Protective screening: The Rural Milton Overlay requires a 75-foot undisturbed buffer and 10-foot improvement setback adjacent to all interior property lines. The applicant has provided the required 75-foot undisturbed buffer and 10-foot improvement setback adjacent to all the required property lines. In addition, a required 15-foot landscape strip planted to buffer standards will be required along Cox Road where the new parking area is proposed. In addition, a 10-foot landscape strip is required along other frontages where there is no parking viewed from the right-of-way (Arnold Mill Road). 8. Hours and manner of operation: The applicant has submitted a very detailed schedule for both the existing sanctuary as well as the proposed activity center. The activity center will include the following: 1) Weekly 9:45 a.m. Sunday service for everyone; 2) Weekly Wednesday night youth activities; 3) Christmas Eve Services and Easter Services; and 4) Weddings and special events such as dinners, entertainment, and community events. The existing sanctuary and building will include the following: 1) Weekly 8:30 a.m. and 11:00 a.m. Sunday traditional services, Ash Wednesday services; 2) Various groups such as Sunday School (9:45 a.m.) bible studies, support groups, choir practice, committee meetings, game nights; and 3) Occasional memorial/funeral services, weddings/receptions, St. Valentines and Christmas Banquets and related holiday events, and quarterly craft day. Based on the above information, the days of operation would be Monday through Saturday, 8:00 a.m. to 10:00 p.m.; Sundays - 8:00 a.m. to 9:30 p.m. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 28 of 36 7/29/2020 9. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Night Sky Ordinance. 10. Ingress and egress to the property. The site plan indicates there are three curb cuts along Cox Road. The applicant has stated that the curb cut closest to the intersection of Cox and Arnold Mill Road will be eliminated. CONCLUSION If approved with the Recommended Conditions, the existing church facility and proposed activity center is consistent with the City of Milton Comprehensive Land Use Plan Update 2016. Therefore, Staff recommends U20-01 be APPROVED CONDITIONAL. Additionally, Staff recommends VC20-01, Parts 1 and 4 be APPROVED CONDITIONAL. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 29 of 36 7/29/2020 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for a Church (Sec. 64-1804) subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Assembly building with a maximum of 5,088 sq. ft. and a 23,000 sq. ft. activity center for a total of 28,088 sq. ft. located on 6.61acres. b) Accessory structures to include a pavilion with outdoor fireplace. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the revised site plan received by the Community Development Department on March 16, 2020 whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) Days and Hours of operation: Monday through Saturday - 8:00 a.m. to 10:00 p.m. Sundays - 8:00 a.m. to 9:30 p.m. Deliveries: Sunday through Saturday – 8:00 a.m. to 8:00 p.m. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 30 of 36 7/29/2020 3) To the owner’s agreement to the following site development considerations: a) To construct new parking areas with porous, grass pavers or crushed gravel on the southwest parking area. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works and Georgia Department of Transportation, prior to the issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. b) If at such time the Director of Public Works determines that the traffic generated by the activity center site impacts the operations of Cox Road and/or SR 140, he/she may require the owner to conduct a traffic study to determine if the activity center warrants any additional improvements at no cost to the City. If improvements are determined to be warranted, owner shall install those at no cost to the City. 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application if required. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 31 of 36 7/29/2020 REVISED SITE PLAN RECEIVED ON MARCH 16, 2020 U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 32 of 36 7/29/2020 RECOMMENDED CONCURRENT VARIANCES (VC20-01) 1) Sec. 64-1410 - To reduce the required number of parking spaces to 144 parking spaces. (VC20-01, Part 1) 2) Sec. 64-1143(g)(5)(c) - To allow parking in front of a building. (VC20-01, Part 4) U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 33 of 36 7/29/2020 U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 34 of 36 7/29/2020 U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 35 of 36 7/29/2020 U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 36 of 36 7/29/2020 U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020). *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. USE PERMIT STAFF REPORT 12900 Arnold Mill Road CASE NUMBER: U20-01/VC20-01 CURRENT ZONING: AG-1 (Agricultural) CURRENT USE: Church – 5,088 sq. ft. PROPOSED USE PERMIT: Church (Sec. 64-1804) PROPOSED USE: Church Activity Center – 23,000 sq. ft. ACREAGE: 6.61 acres COMPREHENSIVE PLAN CHARACTER AREA: Arnold Mill DISTRICT/SECTION/LAND 2ND District, 2nd Section, LL 1092 LOT(S): APPLICANT/OWNER: Gene Jernigan Ebenezer United Methodist Church 12900 Arnold Mill Road Milton, GA 30075 REPRESENTATIVE: Regie Elkins 3605 Sandy Plains Road Suite 240-427 Marietta, GA 30066 APPLICANT’S REQUEST: A Use Permit to construct a 23,000 sq. ft. activity center on the existing church property (5,088 sq. ft.) for a total of 28,088 sq. ft. on 6.61 acres. To request the following two-part concurrent variance*: Concurrent Variance to Off-Street Parking: (Part 1) Sec. 64-1410 Part 1: To reduce the required parking. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 2 of 36 7/29/2020 Concurrent Variance to Use Permit (Part 2): Sec. 64-1804(b)(1) Part 2: To reduce the use area/structure setback from 100 feet to 25 feet from any adjoining residential district or AG-1 used for single family dwellings (This request is no longer required and has been withdrawn.) Concurrent Variances to Rural Milton Overlay District (Parts 3 and 4) Sec. 64-1143 (3)(B) Part 3: To delete the 75-foot undisturbed buffer and 10-foot improvement setback adjacent to the north property lines and the property line labeled N10° 22’ 54“East (This request is no longer required and has been withdrawn.) Sec. 64-1143(g)(5)(c) Part 4: To allow parking in front of a building. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 3 of 36 7/29/2020 PLANNING COMMISSION – FEBRUARY 26, 2020 Voted to defer this item to the March 25, 2020 meeting as requested by the applicant to allow additional time to revise the site plan. PLANNING COMMISSION – MARCH 25, 2020, APRIL 22, 2020, & MAY 27, 2020 These meetings were canceled due to the emergency resolution in response to the Covid-19 epidemic. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – JUNE 24, 2020 U20-01 – APPROVAL CONDITIONAL VC20-01 – PARTS 1 & 4 – APPROVAL CONDITIONAL (PARTS 2 & 3 PREVIOUSLY WITHDRAWN) PLANNING COMMISSION RECOMMENDATION – JUNE 24, 2020 U20-01 – APPROVAL CONDITIONAL – 7-0 VC20-01 – PARTS 1 & 4 – APPROVAL CONDITIONAL 7-0 The Commission recommended that the days and times of deliveries be the following and are reflected in the Recommended Conditions: Condition 2) b. Days and Times of Operation Monday through Saturday - 8:00 a.m. to 10:00 p.m. Sundays - 8:00 a.m. to 9:30 p.m. Deliveries: Sunday through Saturday – 8:00 a.m. to 8:00 p.m. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 4 of 36 7/29/2020 Subject Site – Existing building looking north on Arnold Mill Road Subject Site – Existing building looking south toward Cox Road U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 5 of 36 7/29/2020 LOCATION MAP U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 6 of 36 7/29/2020 EXISTING ZONING MAP U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 7 of 36 7/29/2020 2035 FUTURE LAND USE MAP U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 8 of 36 7/29/2020 SITE PLAN SUBMITTED – December 2, 2019 U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 9 of 36 7/29/2020 REVISED SITE PLAN SUBMITTED – MARCH 16, 2020 U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 10 of 36 7/29/2020 SUBJECT SITE AND BACKGROUND: The subject site is zoned AG-1 (Agricultural) developed with the Ebenezer United Methodist Church with 5,088 square feet that includes the sanctuary and a small outbuilding. Since the last Use Permit approved by Fulton County pursuant to U93-024, the church has acquired approximately 2.47 additional acres for a total of 6.61 acres. The approved Use Permit in 1993 allowed for an addition to the existing church up to 5,000 square feet. The church is now requesting permission to develop a 23,000 square foot activity center. In their letter of intent, they state: “It would be to serve the neighborhood as well as congregational use; such as weddings, retreats, funerals, youth activities, and Easter and Christmas services special events.” Staff notes that at the December 17, 2019 CZIM Meeting it was discovered that there was a single-family house located on the Georgia Golf Center’s property to the north. Therefore, an additional concurrent variance was added to the request and a need to re-advertise for the use permit and concurrent variance. Staff met with representatives of the church, their architect and engineer and discussed the possibility of revising the site plan in order to move the proposed activity center away from the north property line and no longer require the concurrent variance related to the original location. Included below are preliminary elevations of the proposed activity center and proposed pavilion for the site. Please note that all structures will be required to be reviewed and approved by the City of Milton Design Review Board. The applicant’s architect has been working closely with the City Architect on the design of the buildings to ensure compliance with Rural Milton Overlay District. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 11 of 36 7/29/2020 Activity Center Elevations (Looking West and North) U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 12 of 36 7/29/2020 Activity Center Elevations (Looking East and South) U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 13 of 36 7/29/2020 U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 14 of 36 7/29/2020 Example of the type of pavilion In addition, during that time, it was discovered that a 34” DBH located in the center of the site was determined to be significantly in decline and a possible hazard to the area. The City Arborist approved the request to remove the subject tree. A revised site plan was received by the Community Development Department on March 16, 2020 that reflects the proposed current location and orientation of the activity center. Public Involvement Community Zoning Information Meeting There were two CZIM meetings held. The first was held on December 17, 2019. The applicant was there as well as the project architect from the church. There were six members of the community who signed the attendance sheet. The following issues/concerns were discussed during the meeting: • Property owners in the Etris Walk Subdivision (within the City of Roswell) on the south side of Cox Road were concerned about lighting and traffic produced by the additional parking lot and building. • The owner/operator of the Georgia Golf Center which abuts the site to the north did not approve of the new building so close to their property line without some type of buffer. • Everyone expressed concern over the congested intersection at Cox and Arnold Mill as well as Cox and Etris Roads (City of Roswell). The second CZIM meeting was held on January 28, 2020 which included an additional concurrent variance required at the time based on the original site plan. The applicant and the architect were present at the meeting. There was no one from the community in attendance. City of Milton Design Review Board Meeting Courtesy Review – February 4, 2020 The following comments were made at the meeting: U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 15 of 36 7/29/2020 • Support the use permit. Need to work on architecture if approved and would like to see the paint color if approved. • Wise to reduce the parking. Public Participation Meetings and Report The first meeting was held December 16, 2019 with four attendees present. The major points of discussion/questions concerned the parking lot lighting and existing traffic at the Arnold Mill Rd/Cox Rd intersection. It was pointed out the parking lighting would be per the City of Milton Night Sky Ordinance. According to the applicant, the attendees all seemed to like the project and willing to support it. The second meeting was scheduled for February 17, 2020 to include the proposed additional concurrent variance that was subsequently no longer required. No one showed up for this meeting. Both meetings were held at the church’s fellowship hall at 6:00 p.m. City of Roswell Staff informed the City of Roswell Community Development Department about the requested Use Permit and Concurrent Variances for the proposed activity center. The Roswell Community Development Department informed Milton Staff that they were not opposed to the request or required any special conditions for the site. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on March 16, 2020, Staff offers the following considerations: Parking VC20-01 - Part 1: To reduce the required parking (Sec. 64-1410). The applicant is requesting to reduce the number of required parking spaces from 220 spaces to 144 spaces of which 27 currently exist. The parking standards for an assembly area without fixed seating is one space per 35 square feet in the largest assembly area. The proposed new activity building will have 7,700 square feet for the largest assembly area U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 16 of 36 7/29/2020 which requires 220 spaces. The request is to reduce the number to 144 spaces. The number of parking spaces for the main sanctuary is more than sufficient and the two buildings would not be utilized simultaneously therefore, the 144 parking spaces would accommodate the needs of the congregation. The applicant states the following in the revised Letter of Intent* regarding the parking reduction: “The new 117 spaces in addition to the existing 27 spaces totals 144 spaces. An additional 25 spaces are available by permission at the Porter School across Cox Road. This totals 169 spaces. The maximum event totals for Ebenezer’s largest event is for their Christmas Eve services. They have two services averaging 110 people at each service. Realistically there would be only 2-4 annual events that might have the need for the available reduced parking…Additionally, Ebenezer UMC’s intent is to use porous, grass pavers or crushed gravel on the southwest parking area in lieu of asphalt.” (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance The proposed and existing 144 parking spaces is sufficient parking for the site based on the infrequency of special services and the historical attendance in the main church building and the availability of 25 additional parking spaces across the street at the Porter School for when the new activity center is used. In addition, the applicant will be constructing the new parking area with porous, grass pavers or crushed gravel in lieu of asphalt which will improve the hydrology of the site. Therefore, relief, if granted, would not offend the spirit or intent of this zoning ordinance. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. The required 220 parking spaces required is excessive based on the infrequency of special services in the main church building and available off-site parking at the Porter School. In addition, the site has a stream which requires a 75-foot buffer from its wrested vegetation, as well as the U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 17 of 36 7/29/2020 requirement for the 75-foot buffer and 10-foot improvement setback along the west property line adjacent to an existing single-family residence. These exceptional situations or conditions create an unnecessary hardship not caused by the applicant. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. Based on the infrequency of special services and the historical attendance in the main church building and the availability of 25 additional parking spaces across the street at the Porter School for the new activity center when it is in use, relief, if granted would not cause a substantial detriment to the public good and surrounding properties. (4) That the public safety, health and welfare are secured, and that substantial justice is done. In providing the requested 144 parking spaces, the public safety, health and welfare are secured, and that substantial justice is done. Church Use Permit Standards Below is a table that shows the development standards that indicate compliance with these standards for a church. The applicant originally requested one (1) concurrent variance as it relates to the development standards of the Church Use Permit. Based on the revised site plan and revised Letter of Intent* which relocated the activity center 100 feet from the north property line adjacent to a single-family residence, VC20-01, Part 2 is no longer required and has been withdrawn from the request. Church (Section 64-1804) Required Standard Meets the Standard Required districts – AG-1 (Agricultural) Yes Standards. (1) All buildings and use areas/structures other than parking and pedestrian walkways shall be located at least 100 feet from any adjoining residential district or AG-1 district used for single-family dwellings. Yes (2) No parking shall be located within the minimum front yard setback. Yes U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 18 of 36 7/29/2020 (3) Any associated day care centers, private schools, recreational fields or other uses requiring a use permit or administrative permit shall be allowed only under a separate approved use permit or administrative permit for each use. Not Applicable/ No day care, private schools, etc. (4) The minimum buffers and landscape strips required for the O-I zoning district as specified in article III of this zoning ordinance shall be required. Not Applicable/ Rural Milton Overlay Requirements supersede these requirements Rural Milton Overlay District The proposed site plan meets the requirements of the Rural Milton Overlay District as required pursuant to Sec. 64-1142 except for one (1) development standard and the applicant is requesting concurrent variances which will be discussed below. Staff notes that VC20-01, Part 3 has been withdrawn from this request based on the relocation of the proposed activity center and therefore will meet the requirement for a 75-foot undisturbed buffer and 10-foot improvement setback along the north property line. Northern property lines (75-foot buffer and 10-foot improvement setback) U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 19 of 36 7/29/2020 Western property lines (75-foot buffer and 10-foot improvement setback) VC20-01, Part 4: To allow parking in front of a building (Sec. 64- 1143(g)(5)(c)). The Rural Milton Overlay does not permit parking in front of a building or between a building and the street. The applicant is requesting that the existing parking in front of the existing building as well as parking in front of the proposed building be permitted. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance The applicant will be installing the required 15-foot landscape strip planted to buffer standards in front of the existing and proposed parking along the Cox Road frontage. The existing parking has existed since prior to the adoption of the Rural Milton Overlay District (previously known as the Northwest Fulton Overlay District) based upon the approved Use Permit U93-24 (Fulton County). The location for the proposed parking is the only area that can accommodate the number of parking spaces needed for the site. By providing vegetation to help ameliorate the impact of the parking, relief, if granted does not offend the spirit or intent of this ordinance. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 20 of 36 7/29/2020 (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. The site plan indicates compliance with all the required setbacks and buffers. In addition, there is a state water that requires a 75-foot stream buffer and 10-foot improvement setback on either side of the stream. Lastly, the site is located on a corner and therefore, it is difficult to place parking behind the building and not between the street and the buildings. Based on these issues, these are exceptional conditions that are not caused by the applicant. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. Based on the above discussed issues, relief of providing parking behind buildings, will not cause a substantial detriment to the public good and surrounding properties. (4) That the public safety, health and welfare are secured, and that substantial justice is done. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 21 of 36 7/29/2020 Existing Parking Lot in front of church building (Looking towards Cox Rd) By approving this request, the public safety, health and welfare are secured, and that substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL of Part 4 of VC20-01. Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed as required by the Zoning Ordinance. The site plan indicates there are no wetlands or floodplain on the property. There is a stream located on the property and has been identified with the appropriate buffers. There are not presently or in the future any buildings or activity within this sensitive area. There are no steep slopes, archeological/historical sites, endangered vegetation or wildlife on the site. The applicant has submitted the appropriate tree survey and shall comply with the City of Milton Tree Ordinance. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The existing church is in the Agricultural, Equestrian, Estate Residential (AEE) land use category on the City of Milton 2016 Comprehensive Plan Update Plan Map. A church or place of worship is an allowed use if a Use Permit is approved by the Mayor and City Council. Therefore, it is the opinion of Staff that the proposed use is consistent with the current Comprehensive Land Use Plan. 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 22 of 36 7/29/2020 Based on the adjacent and nearby land uses and zoning districts indicated below in the table and corresponding map, the proposed expansion is compatible with the land uses and zoning districts in the vicinity of the subject site. Number Direction Description Zoning District/ Use Permit 1 North/NW Georgia Golf Driving Range AG-1(Agricultural) U89-31 2 North/East Scattered single family residences on various size parcels AG-1(Agricultural) 3 Southeast Ebenezer Cemetery AG-1(Agricultural) 4 Southeast City of Milton Soccer Complex AG-1(Agricultural) 5 South The Porter School (City of Roswell) Civic & Institution 6 South/SW Etris Walk Subdivision (City of Roswell) RS-30 (Single Family Estate) 7 Further West Union Primitive Baptist Church AG-1(Agricultural) U11-01 8 West Single Family Residence AG-1 (Agricultural) U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 23 of 36 7/29/2020 U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 24 of 36 7/29/2020 Looking Southwest towards Etris Walk Subdivision Looking south toward Etris Walk Subdivision across Cox Rd U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 25 of 36 7/29/2020 Looking south toward the Porter School across Cox Rd City’s soccer fields across Cox Rd U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 26 of 36 7/29/2020 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use currently violates regulations governing land development, but if the requested use permit and associated concurrent variances are approved it would not violate local, state and/or federal statutes, ordinances or regulations governing land development. 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: Based on the fact that the church and the proposed new activity center will have limited use during the week and the type of activities that should not increase the amount of traffic accessing the property, the proposed use will not have a negative impact on the traffic flow, vehicular and pedestrian, along adjoining streets. Sidewalk along frontages will be required due to site being within ½ mile of an active park. 5. The location and number of off-street parking spaces; The location of the existing parking is at the corner of Cox and Arnold Mill Roads in front of the existing sanctuary. The proposed new parking is located behind the existing sanctuary and to the west along Cox Road. The concurrent variance to allow parking at its proposed location is discussed above. The site will accommodate the Rural Milton Overlay District requirement of a 15-foot wide landscape strip planted to buffer standards pursuant to Sec. 64-1143(b)(3) which will ameliorate the view of the parking from the road. In addition, the applicant is requesting to reduce the number of required parking spaces from 220 spaces to 144 spaces that include 27 existing spaces. The parking standards for an assembly area without fixed seating is one space per 35 square feet in the largest assembly area. The proposed new activity building will have 7,700 square feet for the largest assembly area which requires 220 spaces. The request is to reduce the number to 144 spaces. The number of parking spaces for the main sanctuary is more than sufficient and the two buildings would not be utilized simultaneously therefore, the 144 parking spaces would accommodate the needs of the congregation. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 27 of 36 7/29/2020 6. The amount and location of open space: The site contains 6.61 acres and there is a stream located on the northwestern portion of the property and a 75-foot undisturbed buffer and 10-foot improvement setback adjacent to the west and northern property lines. 7. Protective screening: The Rural Milton Overlay requires a 75-foot undisturbed buffer and 10-foot improvement setback adjacent to all interior property lines. The applicant has provided the required 75-foot undisturbed buffer and 10-foot improvement setback adjacent to all the required property lines. In addition, a required 15-foot landscape strip planted to buffer standards will be required along Cox Road where the new parking area is proposed. In addition, a 10-foot landscape strip is required along other frontages where there is no parking viewed from the right-of-way (Arnold Mill Road). 8. Hours and manner of operation: The applicant has submitted a very detailed schedule for both the existing sanctuary as well as the proposed activity center. The activity center will include the following: 1) Weekly 9:45 a.m. Sunday service for everyone; 2) Weekly Wednesday night youth activities; 3) Christmas Eve Services and Easter Services; and 4) Weddings and special events such as dinners, entertainment, and community events. The existing sanctuary and building will include the following: 1) Weekly 8:30 a.m. and 11:00 a.m. Sunday traditional services, Ash Wednesday services; 2) Various groups such as Sunday School (9:45 a.m.) bible studies, support groups, choir practice, committee meetings, game nights; and 3) Occasional memorial/funeral services, weddings/receptions, St. Valentines and Christmas Banquets and related holiday events, and quarterly craft day. Based on the above information, the days of operation would be Monday through Saturday, 8:00 a.m. to 10:00 p.m.; Sundays - 8:00 a.m. to 9:30 p.m. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 28 of 36 7/29/2020 9. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Night Sky Ordinance. 10. Ingress and egress to the property. The site plan indicates there are three curb cuts along Cox Road. The applicant has stated that the curb cut closest to the intersection of Cox and Arnold Mill Road will be eliminated. CONCLUSION If approved with the Recommended Conditions, the existing church facility and proposed activity center is consistent with the City of Milton Comprehensive Land Use Plan Update 2016. Therefore, Staff recommends U20-01 be APPROVED CONDITIONAL. Additionally, Staff recommends VC20-01, Parts 1 and 4 be APPROVED CONDITIONAL. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 29 of 36 7/29/2020 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for a Church (Sec. 64-1804) subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Assembly building with a maximum of 5,088 sq. ft. and a 23,000 sq. ft. activity center for a total of 28,088 sq. ft. located on 6.61acres. b) Accessory structures to include a pavilion with outdoor fireplace. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the revised site plan received by the Community Development Department on March 16, 2020 whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) Days and Hours of operation: Monday through Saturday - 8:00 a.m. to 10:00 p.m. Sundays - 8:00 a.m. to 9:30 p.m. Deliveries: Sunday through Saturday – 8:00 a.m. to 8:00 p.m. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 30 of 36 7/29/2020 3) To the owner’s agreement to the following site development considerations: a) To construct new parking areas with porous, grass pavers or crushed gravel on the southwest parking area. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works and Georgia Department of Transportation, prior to the issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. b) If at such time the Director of Public Works determines that the traffic generated by the activity center site impacts the operations of Cox Road and/or SR 140, he/she may require the owner to conduct a traffic study to determine if the activity center warrants any additional improvements at no cost to the City. If improvements are determined to be warranted, owner shall install those at no cost to the City. 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application if required. U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 31 of 36 7/29/2020 REVISED SITE PLAN RECEIVED ON MARCH 16, 2020 U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 32 of 36 7/29/2020 RECOMMENDED CONCURRENT VARIANCES (VC20-01) 1) Sec. 64-1410 - To reduce the required number of parking spaces to 144 parking spaces. (VC20-01, Part 1) 2) Sec. 64-1143(g)(5)(c) - To allow parking in front of a building. (VC20-01, Part 4) U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 33 of 36 7/29/2020 U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 34 of 36 7/29/2020 U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 35 of 36 7/29/2020 U20-01/VC20-01 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020. *Based on a revised Letter of Intent received on March 5, 2020 and a revised Site Plan received on March 16, 2020. Page 36 of 36 7/29/2020 Page 1 of 7 U20-01/VC20-01 ORDINANCE NO._______ PETITION NO. U20-01/VC20-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT FOR A CHURCH (SEC. 64-1804) ON 6.61 ACRES LOCATED AT 12900 ARNOLD MILL ROAD (SR 140) AND A 2-PART CONCURRENT VARIANCE BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on August 3, 2020 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the property located at 12900 Arnold Mill Road (SR 140) consisting of a total of approximately 6.61 acres, as described in the legal description attached hereto as Exhibit “A”, be approved for a Use Permit for a Church subject to the Conditions of Approval described in Exhibit “B”; and SECTION 2. That the Church Use Permit approved hereby is subject to the provisions of Sec. 64-1804, of the Zoning Ordinance of the City of Milton; and SECTION 3. That the 2-Part Concurrent Variance (VC20-01) be approved as described in Exhibit “C”; and SECTION 4. That the property shall be developed in compliance with the Conditions of Approval as described as attached; provided that no uses or conditions hereby approved (including any site plan) shall authorize the violation of any district regulations other than as authorized by the 2-Part Concurrent Variance as described in Exhibit “C” approved hereby; and SECTION 5. That all ordinances or parts of ordinances otherwise in conflict with the terms of this Ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 3rd day of August, 2020. Page 2 of 7 U20-01/VC20-01 Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) Page 3 of 7 U20-01/VC20-01 EXHIBIT “A” Page 4 of 7 U20-01/VC20-01 EXHIBIT “B” CONDITIONS OF APPROVAL For a Use Permit for a Church (Sec. 64-1804) subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Assembly building with a maximum of 5,088 sq. ft. and a 23,000 sq. ft. activity center for a total of 28,088 sq. ft. located on 6.61acres. b) Accessory structures to include a pavilion with outdoor fireplace. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the revised site plan received by the Community Development Department on March 16, 2020 whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) Days and Hours of operation: Monday through Saturday - 8:00 a.m. to 10:00 p.m. Sundays - 8:00 a.m. to 9:30 p.m. Deliveries: Sunday through Saturday – 8:00 a.m. to 8:00 p.m. 3) To the owner’s agreement to the following site development considerations: a) To construct new parking areas with porous, grass pavers or crushed gravel on the southwest parking area. Page 5 of 7 U20-01/VC20-01 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works and Georgia Department of Transportation, prior to the issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. b) If at such time the Director of Public Works determines that the traffic generated by the activity center site impacts the operations of Cox Road and/or SR 140, he/she may require the owner to conduct a traffic study to determine if the activity center warrants any additional improvements at no cost to the City. If improvements are determined to be warranted, owner shall install those at no cost to the City. 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application if required. Page 6 of 7 U20-01/VC20-01 REVISED SITE PLAN SUBMITTED – MARCH 16, 2020 Page 7 of 7 U20-01/VC20-01 Exhibit “C” APPROVED 2-PART CONCURRENT VARIANCE (VC20-01) 1) Sec. 64-1410 - To reduce the required number of parking spaces to 144 parking spaces. (VC20-01, Part 1) 2) Sec. 64-1143(g)(5)(c) - To allow parking in front of a building. (VC20-01, Part 4) Page is too large to OCR. CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 29, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of ZM20-03 located at 13210 Bethany Road zoned R-2 (Single Family Residential) by Big Sky Stables LLC, Chris Hively requesting to modify condition 2 of RZ72-222 to reduce the front building setback from 150 feet to 100 feet from Bethany Road to conform to existing setbacks in this particular area of Bethany Road MEETING DATE: Monday, August 3, 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 August 3, 2020 X ZONING MODIFICATION STAFF REPORT 13210 Bethany Road CASE NUMBER: ZM20-03 CURRENT ZONING: R-2 (Single Family Residential) ACREAGE: 1 acre DISTRICT/SECTION/LAND 2ND / 2nd / 987 and 1030 LOT(S): OWNER/APPLICANT: Big Sky Stables, LLC, Chris Hively 2090 Dunwoody Club Drive Suite 106-248 Dunwoody, GA 30350 APPLICANT’S REQUEST: To modify Condition 2 of rezoning RZ72-222 for 13210 Bethany Road: Condition 2 - To reduce the front building setback from 150 feet to 100 feet from Bethany Road to conform to existing setbacks in this particular area of Bethany Road. ZM20-03 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020) Page 2 of 7 7/29/2020 LOCATION MAP ZM20-03 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020) Page 3 of 7 7/29/2020 EXISTING ZONING MAP ZM20-03 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020) Page 4 of 7 7/29/2020 SITE PLAN SUBMITTED – FEBRUARY 24, 2020 ZM20-03 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020) Page 5 of 7 7/29/2020 HISTORY AND BACKGROUND The subject site was within a rezoning from AG-1 (Agricultural) to R-2 (Single Family Residential) approved by the Fulton County Board of Commissioners in 1972, pursuant to RZ72-222. At the time of the approval, Condition 2 required that buildings be a minimum of 150 feet from Bethany Road instead of the minimum required front setback of 60 feet. A three-lot minor plat subdivision was approved in early 2018. Later in 2018, the applicant Big Sky Stables, LLC amended the same three lot minor plat to adjust property lines. Again, in late 2019 the applicant submitted a revision to the same three lots. The subject site, 13210 Bethany Road, a new single-family residence was under construction. During the review of the latest minor plat revision, Staff discovered this very unusual condition within the 1972 rezoning to require a 150-foot front setback from Bethany Road. The house under construction is located at its closest point 100 feet from Bethany Road and therefore the need for the requested Zoning Modification. Public Involvement Community Zoning Information Meeting On June 23, 2020 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. This meeting was also held virtually via Zoom. There were no participants or attendees for this request. Analysis and Recommendation of Zoning Modification Analysis The R-2 (Single Family Residential) Zoning District requires the following minimum development standards: • Front Building Setback – 60 feet • Side – 15 feet • Side Corner – 30 feet • Rear – 40 feet • Lot Width (At Building Line) -150 feet • Lot Frontage adjoining a street – 35 feet • Lot size - 1 acre ZM20-03 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020) Page 6 of 7 7/29/2020 Staff notes that minor plats (3 lots or less) do not require to provide the Rural Viewshed. The R-2 zoning district is not very common within the City of Milton. The condition from 1972 required the front building setback to be increased from 60 feet to 150 feet is also unique, almost as though the Commissioners predicted the need to preserve the “rural viewshed” within the City almost fifty years ago. Staff Recommendation The applicant requests that Condition 2 be reduced from 150 feet to 100 feet for 13210 Bethany Road. It is Staff’s opinion that this reduction of the front building setback is in keeping with the policy of preserving the rural viewshed along this corridor and the intent of the original zoning condition approved in 1972. Therefore, Staff recommends that Condition 2 of RZ72-222, 13210 Bethany Road be APPROVED CONDITIONAL as requested by the applicant. ZM20-03 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020) Page 7 of 7 7/29/2020 RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition ZM20-03, the recommended condition should read as follows: Condition 2 – That petitioner be required to observe a 150-foot setback from Bethany Road to conform to the existing setbacks in this particular area of Bethany Road except for 13210 Bethany Road which shall observe a 100-foot setback from Bethany Road. (RZ72-222) ZONING MODIFICATION STAFF REPORT 13210 Bethany Road CASE NUMBER: ZM20-03 CURRENT ZONING: R-2 (Single Family Residential) ACREAGE: 1 acre DISTRICT/SECTION/LAND 2ND / 2nd / 987 and 1030 LOT(S): OWNER/APPLICANT: Big Sky Stables, LLC, Chris Hively 2090 Dunwoody Club Drive Suite 106-248 Dunwoody, GA 30350 APPLICANT’S REQUEST: To modify Condition 2 of rezoning RZ72-222 for 13210 Bethany Road: Condition 2 - To reduce the front building setback from 150 feet to 100 feet from Bethany Road to conform to existing setbacks in this particular area of Bethany Road. ZM20-03 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020) Page 2 of 7 7/29/2020 LOCATION MAP ZM20-03 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020) Page 3 of 7 7/29/2020 EXISTING ZONING MAP ZM20-03 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020) Page 4 of 7 7/29/2020 SITE PLAN SUBMITTED – FEBRUARY 24, 2020 ZM20-03 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020) Page 5 of 7 7/29/2020 HISTORY AND BACKGROUND The subject site was within a rezoning from AG-1 (Agricultural) to R-2 (Single Family Residential) approved by the Fulton County Board of Commissioners in 1972, pursuant to RZ72-222. At the time of the approval, Condition 2 required that buildings be a minimum of 150 feet from Bethany Road instead of the minimum required front setback of 60 feet. A three-lot minor plat subdivision was approved in early 2018. Later in 2018, the applicant Big Sky Stables, LLC amended the same three lot minor plat to adjust property lines. Again, in late 2019 the applicant submitted a revision to the same three lots. The subject site, 13210 Bethany Road, a new single-family residence was under construction. During the review of the latest minor plat revision, Staff discovered this very unusual condition within the 1972 rezoning to require a 150-foot front setback from Bethany Road. The house under construction is located at its closest point 100 feet from Bethany Road and therefore the need for the requested Zoning Modification. Public Involvement Community Zoning Information Meeting On June 23, 2020 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. This meeting was also held virtually via Zoom. There were no participants or attendees for this request. Analysis and Recommendation of Zoning Modification Analysis The R-2 (Single Family Residential) Zoning District requires the following minimum development standards: • Front Building Setback – 60 feet • Side – 15 feet • Side Corner – 30 feet • Rear – 40 feet • Lot Width (At Building Line) -150 feet • Lot Frontage adjoining a street – 35 feet • Lot size - 1 acre ZM20-03 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020) Page 6 of 7 7/29/2020 Staff notes that minor plats (3 lots or less) do not require to provide the Rural Viewshed. The R-2 zoning district is not very common within the City of Milton. The condition from 1972 required the front building setback to be increased from 60 feet to 150 feet is also unique, almost as though the Commissioners predicted the need to preserve the “rural viewshed” within the City almost fifty years ago. Staff Recommendation The applicant requests that Condition 2 be reduced from 150 feet to 100 feet for 13210 Bethany Road. It is Staff’s opinion that this reduction of the front building setback is in keeping with the policy of preserving the rural viewshed along this corridor and the intent of the original zoning condition approved in 1972. Therefore, Staff recommends that Condition 2 of RZ72-222, 13210 Bethany Road be APPROVED CONDITIONAL as requested by the applicant. ZM20-03 - Prepared for the City of Milton Mayor and City Council Meeting on August 3, 2020 (First Presentation on July 20, 2020) Page 7 of 7 7/29/2020 RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition ZM20-03, the recommended condition should read as follows: Condition 2 – That petitioner be required to observe a 150-foot setback from Bethany Road to conform to the existing setbacks in this particular area of Bethany Road except for 13210 Bethany Road which shall observe a 100-foot setback from Bethany Road. (RZ72-222) ORDINANCE NO. PETITION NO. ZM20-03 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION 2 OF AN ORDINANCE OF THE FULTON COUNTY COMMISSION, RZ72-222 PROPERTY LOCATED ON BETHANY ROAD WITHIN LAND LOTS 987, 988, 1029, AND 1030 OF THE 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 79.69 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on August 3, 2020 at 6:00 p.m. as follows: SECTION 1. That the condition of an Ordinance, approved on January 4, 1972, for petition RZ72-222 that approved a Rezoning to the R-2 (Single Family Residential) District, property located at 13210 Road consisting of a total of approximately 1.0 acre, attached hereto and made a part herein; SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance (ZM20-03). Any conditions hereby approved do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 3rd day of August, 2020. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition ZM20-03, the recommended condition should be read as follows: Condition 2 – That petitioner be required to observe a 150-foot setback from Bethany Road to conform to the existing setbacks in this particular area of Bethany Road except for 13210 Bethany Road which shall observe a 100-foot setback from Bethany Road. (RZ72-222) Site Plan received on February 24, 2020 (ZM20-03) CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 29, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration to Adopt the Revised Milton Tree Canopy Conservation Ordinance and Tree Conservation Manual MEETING DATE: Monday, August 3, 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 August 3, 2020 X To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on July 23, 2020 for the August 3, 2020 Regular City Council Meeting (Unfinished Business) Agenda Item: Consideration to Adopt the Revised Milton Tree Canopy Conservation Ordinance and Tree Conservation Manual. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: June 15, 2020, Staff presented the Revised Milton Tree Canopy Conservation Ordinance for the second reading to the Mayor and City Council. After Staff presentation, there was a discussion with City Council and it was decided to defer consideration of adoption of the Milton Tree Canopy Conservation Ordinance until July 20, 2020. July 20, 2020 consideration to Adopt the Revised Milton Tree Canopy Conservation Ordinance and Tree Conservation Manual was deferred to August 3, 2020 to allow staff to work on additional revisions and have a legal review of the changes. Changes to Tree Canopy Conservation Ordinance/Tree Conservation Manual following June 15 Meeting: • Added agricultural exemptions to Section 5.2 of the ordinance and Appendix A to the manual • Protected Tree and small tree height class Specimen Tree size changed from 8” DBH to 12” DBH in definitions and Section 9.1; to make size requirements consistent for enforcement. • Updated Table 1. Minimum Tree Canopy Cover Required in Section 27 to include AG-1 up to 1.49 acres to be 57%, AG-1 at 1.5 - 2.99 acres to be 40%, and AG-1 at 3 acres or more to be 25%. • Changed Section 2.2.d to say a tree canopy study will be conducted in the fall of 2022 and not to exceed 5 years thereafter. Process In April 2018, Mayor and City Council adopted the Tree Canopy Conservation Ordinance to replace the original tree density ordinance. Then, based on feedback from the community and City Council, staff began revising the Tree Canopy Conservation Ordinance. • Stakeholder Committee o In March 2019, current staff began conducting regular meetings with the Stakeholder Committee in March 2019. Staff had a total of six meetings to discuss major policies in the Tree Canopy Conservation Ordinance including canopy coverage, protected and specimen tree sizes, critical root zone, tree banks, tree fund, and parking lot requirements. o In June 2019, a draft of the revised Tree Canopy Conservation Ordinance was presented to the Stakeholder Committee where consensus was received to move forward. • Planning Commission o In July 2019, staff presented the revised Tree Canopy Conservation Ordinance recommended by the Stakeholder Committee to the Planning Commission. Staff met with the Planning Commission at three different work sessions and received valuable input on the tree ordinance including waiver transparency, ensuring the manual was incorporated with the ordinance, increased recompense for Heritage Trees and language consistency. o In November 2019, staff had a joint work session with the Planning Commission and the Stakeholder Committee to gain consensus on policies in the tree ordinance, such as, Specimen Tree Size and canopy coverage requirements. o In December 2019, the Planning Commission recommended going forward with the revisions to the tree ordinance. • City Council o In January 2020 there was a joint work session with Planning Commission and City Council. The focus of the work session was to introduce the revised tree ordinance to City Council and allow the Planning Commission to discuss policies including Heritage Trees, tree conservation manual, and the frequency of measure the City’s own tree canopy coverage. o In March 2020, there was a second work session with the City Council to discuss Protected Tree size, tree removal permit application fees, and incentivizing large lots 3 acres or more. o Per recommendation of the City Council, the tree ordinance was revised to change the minimum canopy coverage requirement for residential lots 3 acres or larger to 25% or existing, whichever is less, instead of 57%. Key Changes from the 2018 Tree Canopy Conservation Ordinance • Protected Tree size changed from 2” and 6” diameter at breast height to 12” diameter at breast height. • The definition of a Specimen Tree was changed to remove medium height trees and include Tulip-Poplars and Sweetgums in the same category as pines. • Minimum tree canopy coverage requirement for AG1 went from 60% to 57%. • Existing trees must make up one-third of the required canopy coverage during development to prevent clearcutting. • Removed Construction Zone and Improvement Area which restricted the creation of yards and pastural look. • Allow for reasonable discretion for tree removal on existing developed properties. • Approved waivers for the tree ordinance will be presented quarterly to the Planning Commission for public transparency. • Residential lots 3 acres or larger have a minimum canopy coverage requirement of 25% or existing, whichever is less, to incentivize large lots. • Streamlined the tree ordinance to remove redundancy and keep wording consistent. Moving Forward • This revised tree ordinance will become effective December 1, 2020 because currently the tree ordinance allows an applicant to use the tree-density based ordinance or the canopy-based ordinance until November 30, 2020. • Before the effective date, staff will roll out the new ordinance by hosting educational events for the community, posting information on our website/social media, and making flyers available in the permit lobby to inform the community of the new tree ordinance. • Staff will start up a tree planting initiative, Plant Milton!, to enhance tree planting in the City. The planting initiative will include: o Finding priority areas on public property to plant trees with the Tree Fund. o Encourage tree planting on private property by partnering with local nurseries and landscape businesses to offer trees to citizens. o Promote trees through social media and at City events. Funding and Fiscal Impact: Additional arborist services will be required because of the proposed changes to the regulations: • The new tree ordinance could cause an increase in tree removal permit requests due to the permit requirements changing. The previous tree ordinance required a tree removal permit for trees starting at 15” DBH and new tree ordinance requires a tree removal permit for trees starting at 12” DBH, therefore, more trees will now require a tree removal permit. • The new tree ordinance requires additional information and details for a site plan included on a tree survey, tree protection plan, and tree replacement plan. This will cause for an increase in time needed for plan reviews. • There will be an increase in the number of inspections that are required with the new tree ordinance. • The new tree ordinance will create a transition period involving a significant portion of time spent on educating the public and applicants about new regulations. This will result in an increase in the volume of phone calls, emails, and meetings with applicants. There will also be workshops that will be scheduled. Alternatives: Continued Refinement Legal Review: Paul Frickey, Jarrard & Davis - 7/23/2020 Concurrent Review: Steve Krokoff, City Manager Attachment(s): 1. Redlined text of revised Tree Canopy Conservation Ordinance and Tree Conservation Manual from June 15 City Council Regular Meeting and Legal Review 2. Final copy of the revised Tree Canopy Conservation Ordinance and Tree Conservation Manual City of Milton, Georgia Chapter 60 – Tree Canopy Conservation Ordinance Revised August 3, 2020 City Council Meeting and Legal Review City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page i Table of Contents ARTICLE I. IN GENERAL ......................................................................................... 1 1. Title ................................................................................................................................................... 1 2. Purpose and Intent ........................................................................................................................... 1 3. Administrator .................................................................................................................................... 1 4. Waivers ............................................................................................................................................. 1 5. Applicability and Exemptions ............................................................................................................ 2 6. Tree Conservation Manual ................................................................................................................ 3 7. Definitions ......................................................................................................................................... 3 8. Protected Trees ................................................................................................................................. 9 9. Specimen Trees ............................................................................................................................... 10 10. Specimen Tree Stand .................................................................................................................. 10 11. Heritage Trees ............................................................................................................................. 10 12. City of Milton Tree Species List ................................................................................................... 12 13. Appeals ........................................................................................................................................ 12 14. Inspections .................................................................................................................................. 12 15. Enforcement ............................................................................................................................... 13 16. Notice of Violation ...................................................................................................................... 13 17. Stop Work Order ......................................................................................................................... 14 18. Citations ...................................................................................................................................... 15 ARTICLE II. TREE CANOPY ON PROPERTY ABSENT DEVELOPMENT ACTIVITY ........15 19. Tree Canopy Management ......................................................................................................... 15 20. Tree Canopy Priorities ................................................................................................................. 15 21. Tree Canopy Cover Requirements .............................................................................................. 15 22. Tree Removal Permit .................................................................................................................. 16 23. Tree Canopy Replacement .......................................................................................................... 18 ARTICLE III. TREE CANOPY IN CONNECTION WITH DEVELOPMENT ACTIVITY……..19 24. Tree Canopy Management ......................................................................................................... 18 25. Tree Canopy Priorities ................................................................................................................. 18 26. Tree Canopy Plan ........................................................................................................................ 19 27. Tree Canopy Cover Requirements .............................................................................................. 21 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page ii 28. Required Tree Locations ............................................................................................................. 23 29. Landscape Performance Bond .................................................................................................... 27 30. Certificate of Occupancy and Final Plat Approval ....................................................................... 27 31. Alternative Compliance ............................................................................................................... 28 32. Tree Canopy Fund ....................................................................................................................... 29 33. Timber Harvesting ....................................................................................................................... 30 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 1 ARTICLE I. IN GENERAL 1. Title 1.1. This chapter shall be known as the Tree Canopy Conservation Ordinance of the City of Milton, Georgia or the “tree ordinance”. 2. Purpose and Intent 2.1. The purposes of the tree ordinance are to: a. Create a living and working environment for Milton’s citizens and visitors that is attractive, healthy and safe; b. Manage and utilize trees for the economic, environmental, and social functions and benefits they provide; and, c. Provide a framework for accomplishing the goals and objectives in the City’s comprehensive plan and other community, environmental and conservation ordinances, plans and policies. 2.2. The intent of this ordinance is to: a. Promote human, environmental and economic health within the community; b. Promote shared responsibility by all property owners to contribute to tree canopy cover; and, c. Establish the minimum amount of regulations that will achieve the vision and goals of the city and produce the desired outcomes. d. Maintain no net loss of tree canopy cover below the 57 percent existing as of March 2017. The City will measure the tree canopy in the fall of 2022, and not to exceed a five year period between measurements thereafter, using the latest technology and use the results to evaluate the effectiveness of this ordinance in achieving the city’s tree canopy goals. 3. Administrator 3.1. The Director of the Community Development Department shall be the Administrator of the tree ordinance. 3.2. Reference to the Administrator shall include the Administrator and/or their designee. 4. Waivers City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 2 4.1. The Administrator shall have the authority to waive any provision of the tree ordinance where such waiver is consistent with the purpose and intent of the tree ordinance and where literal enforcement of the tree ordinance will create an undue hardship or unreasonable practical difficulty on the Applicant. 4.2. The Administrator shall determine if a waiver is justified. A waiver must be based upon credible evidence submitted to the Administrator demonstrating that: a. Approval, if granted, would not offend the purpose and intent of the tree ordinance; b. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that literal or strict application of the tree ordinance would create an unnecessary hardship due to size, shape, or topography or other extraordinary and exceptional situations or conditions not caused by the applicant; c. Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; d. That the public safety, health and welfare are secured, and that substantial justice is done. 4.3. The Administrator shall keep record of all approved waivers. Every quarter, any waivers that have been approved will be presented to the Planning Commission by the Administrator. 4.4. Planning Commission may recommend amendments to the provisions of the tree ordinance to the Administrator at this time. 5. Applicability and Exemptions 5.1. The terms and provisions 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 development permit; c. The removal of or disturbance to the Critical Root Zone or Structural Root Plate of any Protected tree including Specimen and Heritage 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; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 3 b. Commercial tree nursery and tree farm operations; c. Trees removed or pruned by any utility company as part of routine vegetation management activities or utility maintenance/repair within the utility right-of-way or existing easements. d. Tree removal for ongoing forest management practices, including, timber management and agricultural operations as defined in O.C.G.A. § 1-3-3(4.1). 5.3 The applicant may apply the density-based Tree Conservation Ordinance or the canopy-based Tree Conservation Ordinance until November 30, 2020. 6. Tree Conservation Manual 6.1. There is hereby adopted and incorporated by reference, as if fully set forth herein, a Tree Conservation Manual (version revised October 23,2019) that supplements the tree ordinance and sets forth standards and procedures for activities required by the tree ordinance. A copy of this manual will be available online and in the office of Community Development. 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; provided that revised versions of the manual shall become part of the tree ordinance only after adoption by the City Council as an amendment to the tree ordinance. Should any standard of the Tree Conservation Manual conflict with the tree ordinance, the tree ordinance shall govern. 7. Definitions 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. 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 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 4 plat, certificate of conceptual plan approval, final plat approval or certificate of occupancy. c. 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). d. 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. e. 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. f. 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. g. 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. h. City arborist. The designee 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. i. City tree. Any tree which is located within any city park, city easement, city right-of-way, or on any other city owned property. j. Clearcutting. A method of harvesting timber that results in the removal of all trees from all or a portion of a property. k. 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. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 5 l. Conserved Tree. Any tree where encroachment into the Critical Root Zone does not exceed 25%. m. 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; Encroachment into the critical root zone must not exceed 25% for the tree to be considered conserved. n. Crown. The entirety of a tree’s scaffold limbs, branches and leaves. o. 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. p. Development activity. Any activity on real property which requires a development permit. q. Development permit. A land disturbance permit, grading permit, building permit, demolition permit, minor plat approval, preliminary plat approval, concept plan approval or other permit or approval issued by the City Community Development Department authorizing the commencement of the disturbance, alteration, improvement or development of a given tract of land. r. 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. s. Establishment period. For a newly planted tree, the time from planting until the beginning of the fourth growing season on-site. t. Existing tree. An established tree growing on-site for at least 3 complete growing seasons. u. 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. v. Growing season. March 1 to November 30. w. Hazardous tree. A tree that is likely to fail wholly or in part, under normal environmental conditions as determined by a certified arborist. x. 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 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 6 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. y. Heritage tree(s). A tree that is designated by the administrator to be of notable community interest because of its outstanding age or size, landmark recognition or historical association. z. Land disturbing activity. Any activity which may result in soil erosion from water or wind and movement of sediments into state water or onto lands within the state, including, but not limited to clearing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural practices as set forth in the City of Milton Soil Erosion and Sedimentation Control Ordinance. aa. 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. bb. Limits of disturbance. The boundary within which all construction, materials storage, grading, landscaping and related activities shall occur. cc. Live crown ratio. The percentage of the total height of a tree that is occupied by the tree’s live crown. dd. 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. ee. Passive tree protection. The ongoing avoidance of activities harmful to a tree, as further described in the tree ordinance, within the tree protection zone. ff. Planted tree. A tree that has been planted within the last 3 years and has not yet completed 3 growing seasons on-site. gg. Planting season. November 15 to March 15. hh. 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. ii. Priority tree. A specimen or heritage tree. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 7 jj. Property. An area of land composed of less than one lot, or of accumulations of one or more lots, or parts thereof. kk. Protected tree. Any tree 12 inches DBH or greater, any tree conserved or planted to meet tree ordinance requirements, any City Tree, any Specimen Tree, and/or any Heritage Tree. ll. 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. mm. 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. nn. 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. oo. 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. pp. 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 City of Milton Tree Species List. qq. 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. rr. Structural Root Plate. For a conserved tree, the ground and soil area to a depth of 30 inches with a radius extending out from the trunk 0.5 feet for every inch of DBH. ss. Thinning. Selective cutting of trees for timber products with the remaining trees more or less evenly distributed across a property. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 8 tt. Timber harvesting. The felling of trees for timber products (pulpwood, sawtimber, etc.) as part of ongoing forest management practices, by thinning or clearcutting. uu. Topping. The improper practice of the severe cutting back of limbs to stubs larger than 2 inches in diameter within the tree’s crown to such a degree that the tree canopy is removed or the crown shape typical of the species is disfigured, resulting in decay of the scaffold limbs or trunk and/or decline in main branch and sprout production. vv. 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. ww. Tree bank. A site registered with the city where growing conditions are favorable for the establishment of trees per the tree placement standards set forth in the Tree Conservation Manual, and on which trees may be planted to satisfy tree replacement or minimum tree canopy cover requirements for another property. xx. 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. yy. 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. zz. 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. aaa. 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). City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 9 bbb. 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. ccc. Tree conservation manual. A supplement to the tree ordinance containing standards and procedures required for tree ordinance compliance. ddd. 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). eee. Tree ordinance. Chapter 60 – Vegetation of the City of Milton municipal code of ordinances. fff. 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. ggg. Tree removal permit. A permit required before a protected tree can be removed, destroyed or irreparably damaged. hhh. 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. iii. 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 documented by a certified arborist with final approval by the City Arborist. 8. Protected Trees 8.1. A tree removal permit shall be required for any Protected tree being removed or having disturbance to the critical root zone and/or structural root plate. 8.2. The removal of or disturbance to the Critical Root Zone or Structural Root Plate of any Protected tree without a tree removal permit shall be considered a violation of the tree ordinance. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 10 9. Specimen Trees 9.1. A Specimen Tree is any healthy tree, documented by a certified arborist and verified by the City Arborist, which meets at least one of the following criteria for size: a. Hardwood trees with a minimum DBH of 24 inches for a tree in the large or medium mature tree height class (very wide or wide canopy); or b. Any tree with a minimum DBH of 12 inches for a tree in the small mature tree height class (narrow or very narrow canopy); or c. Pine trees (Pinus spp.), Sweetgums (Liquidambar styraciflua), and Tulip- Poplars (Liriodendron tulipifera) with a minimum DBH of 27 inches regardless of mature tree height class. 9.2. If removal of a Specimen Tree is approved, replacement requirements shall be 150 percent of the square feet of tree canopy cover removed. 9.3. All Specimen Trees successfully conserved and protected to meet tree canopy cover requirements shall be given 25 percent additional tree canopy cover credit over the actual measured canopy square footage or the standard credit as assigned by the Tree Species List. 10. Specimen Tree Stand 10.1. A stand of trees may be considered a Specimen Tree Stand if primarily composed of healthy trees, with no major insect or disease problems within the stand and meets at least one of the following specific criteria as documented by a certified arborist and verified by the Administrator: a. A mature, even-aged stand; b. A stand with purity of species composition or of a rare or unusual nature; c. A stand of historical significance; d. A stand with exceptional aesthetic quality; or, e. A stand on a lot which is otherwise devoid of trees. 11. Heritage Trees 11.1. A tree shall be designated as Heritage if it meets the criteria set forth herein. 11.2. Trees may be nominated for Heritage Tree status by the tree owner by submitting a Heritage Tree Nomination Form to the Administrator. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 11 11.3. Within 15 business days after the submittal of a completed nomination form by a tree owner to the Administrator, the City Arborist shall provide a recommendation on whether the nominated tree(s) should be designated as Heritage. 11.4. The Administrator shall present the recommendation to City Council who shall review heritage tree nominations and shall have the authority to designate trees as Heritage. 11.5. For a tree to be designated as heritage, it must be a healthy tree as documented by aa certified arborist and verified by the Administrator and meet at least one of the following specific criteria as determined by the Administrator: a. State or county champion tree, as determined by the Georgia Forestry Commission (www.gfc.state.ga.us), 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; or b. Documented age greater than 75 years old; or c. An established and familiar feature or integral part of the community and its heritage and is recognized as such by the administrator; or d. Designated by the Georgia Tree Council (www. gatreecouncil.org) as a Landmark or Historic Tree; or e. Documented historical significance. 11.1. Prior to the approval of a tree canopy plan for a lot that includes the proposed conservation or removal of a Heritage Tree, the City Arborist shall inform the applicant that one or more trees on the lot has been designated as a Heritage Tree before the tree canopy plan is approved. 11.2. The City Arborist shall maintain a current list of designated Heritage Trees and their locations shall be recorded on the City’s GIS (Geographic Information System). 11.3. All Heritage Trees successfully conserved and protected to meet tree canopy cover requirements shall be given 40 percent additional tree canopy cover credit over the actual or standard credit. All Heritage Trees approved for removal must have their canopy replaced at 200 percent and payment must be made into the Tree Canopy Fund at the rate listed in the City’s fee schedule located in Appendix A of the City Code. Canopy replacement shall be based on the actual measurement of the tree canopy. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 12 12. City of Milton Tree Species List 12.1. There is hereby 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. 12.2. 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. 12.3. 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. 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 Administrator. 13. Appeals 13.1. 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 Administrator for relief or reconsideration. 13.2. Any person aggrieved or adversely affected by any decision of the Administrator relating to the application of the tree ordinance may file an appeal within 30 days of the Administrator’s decision with the Board of Zoning Appeals through the Administrator. 13.3. Decisions shall only be reversed on appeal for clearly erroneous interpretation of the tree ordinance. 14. Inspections 14.1. The Administrator or his/her designee shall have the authority to conduct inspections 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. 14.2. 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. a. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 13 14.3. The Administrator 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. 15. Enforcement 15.1. It shall be the duty of the Administrator to enforce the tree ordinance. 15.2. The Administrator shall have the authority to modify, revoke, suspend, or void any development permit, or tree removal permit and suspend all work on a property or any portion thereof if a violation of the tree ordinance occurs until it is determined that the property is in full compliance with the tree ordinance. 15.3. The Administrator shall have the authority to issue a Notice of Violation, Stop Work Order, and Citation to enforce the provisions of the tree ordinance. 16. Notice of Violation 16.1. 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. 16.2. 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. 16.3. 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 an immediate citation and/or stop work order. 16.4. 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 3, 2020 Page 14 17. Stop Work Order 17.1. 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 as the violation has been remedied to the satisfaction of the Administrator. 17.2. 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 Administrator determines that work must be stopped immediately to avoid further damage. 17.3. The stop work order shall: a. Be in writing and posted on site; 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. 17.4. 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. 17.5. The Administrator 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. 17.6. 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 3, 2020 Page 15 18. Citations 18.1. 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 violation; 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 PROPERTY ABSENT DEVELOPMENT ACTIVITY 19. Tree Canopy Management 19.1. On properties absent development activity, tree canopy cover shall be managed through establishing tree canopy priorities, tree canopy cover requirements, tree removal permitting and replacement requirements. 20. Tree Canopy Priorities 20.1. Priority areas on properties absent development activity for tree conservation and planting shall be rural viewsheds, road frontages, required setbacks, landscape strips or islands, and state waters or zoning buffers. 20.2. Priority trees for conservation shall be Specimen Trees, Specimen Tree Stands, and Heritage Trees. 21. Tree Canopy Cover Requirements 21.1. The minimum amount of tree canopy cover required on a lot, in the absence of further development, shall be the amount existing as of the date of application for tree removal permit or the minimum canopy coverage requirement per Table 1, whichever is less. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 16 21.2. If the lot is over the minimum canopy coverage requirement per Table 1, any proposed tree removal must not bring the lot below the minimum canopy coverage requirement without recompense. 22. Tree Removal Permit 22.1. On a 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 encroachment into the Critical Root Zone or Structural Root Plate of a Protected Tree. 22.2. The removal of a Protected Tree or encroachment into the Critical Root Zone or Structural Root Plate without a tree removal permit shall constitute a violation of the tree ordinance and may result in an immediate Stop Work Order, Notice of Violation or Citation for the tree owner and/or any person or company involved in cutting, removing or damaging the tree. 22.3. Application for a tree removal permit shall be made by the tree owner or his/her authorized agent, to the Administrator. 22.4. A tree removal permit is required for the removal of a dead, unhealthy or invasive tree. 22.5. A tree removal permit application fee shall be required, except for an application for the removal of a dead, unhealthy or invasive tree. 22.6. The Administrator shall make a site visit or utilize other appropriate means to inspect the trees proposed for removal within 10 days of the date of application. 22.7. If canopy replacement is required, the applicant or property owner must provide an agreement to the canopy replacement, such as, but not limited to, , a signed contract with a landscape company stating the quantity, size, and species of trees to be planted, or a written statement from the property owner specifying the quantity, size, and species of trees to be planted along with a proposed planting schedule before the permit may be issued. 22.8. The Administrator 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. 22.9. When trees are removed on a lot without a tree removal permit due to imminent threat or emergency conditions, the owner of such trees shall provide an oral or electronic notice via telephone or e-mail to the Administrator prior to or immediately after the removal. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 17 22.10. Should the Administrator 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 24 of the tree ordinance. 22.11. Replacement of the tree canopy removed, whether permitted or not permitted, shall be required pursuant to Section 23. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 18 23. Tree Canopy Replacement 23.1. The square feet of tree canopy cover provided by a Protected Tree that is approved for removal or lost due to disturbance within the Critical Root Zone or Structural Root Plate on a lot shall be replaced if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 23.2. Tree canopy replacement shall not be required for a tree removed under emergency conditions or after the approved removal of a dead, unhealthy, or invasive tree. 23.3. 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. 23.4. 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. 23.5. All planting and maintenance activities for required replacement trees shall be completed in accordance with the standards set forth in the Tree Conservation Manual. 23.6. Recompense tree planting may be satisfied by alternative compliance pursuant to Section 31. ARTICLE III. TREE CANOPY IN CONNECTION WITH DEVELOPMENT ACTIVITY 24. Tree Canopy Management 24.1. On properties in connection with development activity, tree canopy cover shall be managed through tree canopy cover requirements and tree conservation and planting to meet those requirements. 25. Tree Canopy Priorities 25.1. Priority areas on properties with development activity for tree conservation and planting shall be rural viewsheds, road frontages, parking lots, landscape strips and landscape islands, and state waters and zoning buffers. 25.2. Regardless of whether the lot meets minimum tree canopy cover requirements, trees shall be required, either conserved or planted, in rural viewsheds, road City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 19 frontages, parking lots, landscape islands, landscape strips and buffers as set forth in the zoning regulations. 25.3. Priority trees for conservation shall be Specimen and Heritage Trees. 26. Tree Canopy Plan 26.1. An approved tree canopy plan may be required as a condition of approval of any development permit if necessary to implement the purposes and intent of the tree ordinance as determined by the Administrator. 26.2. An approved tree canopy plan shall serve as an approved tree removal permit for the purposes of land development. 26.3. The tree canopy plan shall be prepared by a licensed professional, such as, a certified arborist, registered forester, registered landscape architect, professional engineer or registered land surveyor. 26.4. The tree canopy plan shall be drawn to scale and include a tree survey, a tree protection plan, a tree planting plan, and shall, at a minimum, 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 Protected Trees, including Specimen and Heritage Trees, on the lot, with Critical Root Zones, and Structural Root Plates identified on all Protected Trees, including Specimen and Heritage Trees, proposed for conservation. Location of tree groups and forested areas with description of primary species and average DBH; c. All Protected Trees, including Specimen and Heritage Trees, proposed to be removed; d. Location of all tree save areas and notations of all tree protection methods to be used with details on materials and installation methods; e. Trunk location, species, and caliper of all trees proposed for planting with planting details and maintenance schedule for the first three years; f. Location of all existing and proposed improvements, including, but not limited to, buildings, driveways, walkways, retaining walls, other structures and impervious surfaces, and all existing and new utilities; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 20 g. Arborist Note: “Any unapproved encroachment into a designated tree save area shall result in an immediate Stop Work Order, Notice of Violation, and/or Citation for the responsible party.” h. Location of ingress and egress points and access roads for vehicles and construction equipment; i. All proposed grading and the limits of disturbance; and, j. Name and contact information of property owner and primary authorized agent(s) responsible for tree canopy plan compliance. 26.5. Guidelines on calculating tree canopy coverage included in the Tree Conservation Manual are incorporated herein by reference. 26.6. The tree canopy plan, tree survey, tree protection plan, and tree planting and maintenance plan may be combined onto a single plan if all required information can be clearly depicted. 26.7. The Administrator shall be responsible for reviewing all tree canopy plans and shall decide whether the tree canopy plan is consistent with the requirements of the tree ordinance. A tree canopy plan review application fee shall be required at the time of plan submittal in an amount set forth in the city’s fee schedule. 26.8. No tree damage or removal, or land disturbance shall take place on any lot in connection with development activity without an approved tree canopy plan as required by the Administrator showing how tree canopy cover requirements will be met. 26.9. 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. 26.10. 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 3, 2020 Page 21 27. Tree Canopy Cover Requirements 27.1. Tree canopy cover shall be required on all properties in connection with development activity as a condition of development. 27.2. The amount of tree canopy cover required on a lot as a condition of development shall be the amount currently existing or the minimum amount set forth in Table 1, whichever is less. Canopy coverage shall be met with existing trees to remain on site or a combination of existing trees and newly planted trees. Existing trees must make up at least one-third of the required canopy coverage. Table 1. Minimum Tree Canopy Cover Required Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area AG-1 up to 1.49 acres 57% AG-1 at 1.5 – 2.99 acres 40% AG-1 at 3 or more acres 25% CUP, MHP, NUP 57% C-1, C-2 30% CBS, CS 50% H 30% MIX, O-I 40% R-1, R-2, R-2A 57% R-3, R-3A, R-4, R-4A 50% R5, R-5A, R-6 40% Suburban A 50% T2 57% T3 40% T4, T4-Open, T4P, T4R, TR 30% T5, T5R, T6 10% 27.3. In subdivision developments, tree canopy cover requirements shall apply to both the entire development and to each lot within the development. 27.4. Trees shall be conserved for tree canopy cover credit in accordance with the requirements that follow: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 22 a. Trees shall be conserved to the greatest extent possible in priority areas to meet tree canopy cover requirements. b. Existing trees 2 inches DBH and greater, except for invasive species listed on the tree species list or otherwise known to be invasive, may be eligible for tree canopy cover credit if the trees meet the minimum quality standards as established in the most current ANSI Z60.1 American Standard for Nursery Stock. c. Forested areas dominated by non-native, invasive, and/or exotic plant species (kudzu, for example) shall not be eligible for tree canopy cover credit. Trees conserved to meet tree canopy cover requirements shall be actively protected during construction and passively protected at all times. d. 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. e. Since the Structural Root Plate is the area of rapid tapering roots supporting the vertical weight of the tree, any damage to the Structural Root Plate will put the tree at high risk for failure and may require the tree to be removed as determined by the Administrator. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 23 27.5. 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. 28. Required Tree Locations 28.1. Rural Viewsheds a. Where rural viewsheds are required in accordance with zoning regulations, the entire area encompassed by the rural viewshed shall be eligible for tree canopy cover credit. b. For minor subdivisions and individual undeveloped residential properties, the conservation of trees within the first 60 feet of road frontage from an exterior street shall be eligible for a bonus of 20 percent additional square feet of tree canopy cover credit. Disturbance within the rural viewshed, shall follow the requirements set forth in the Zoning Ordinance. c. 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 Administrator if the design meets the purpose and intent of the tree ordinance. 28.2. Road Frontages a. In all new developments, street trees shall be required along road frontages on private property 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. 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. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 24 e. 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 Administrator and Public Works Director. 28.3. Parking Lots a. Parking lot landscaping shall conform to requirements in the Zoning Ordinance and to the requirements set forth in the Tree Conservation Manual. Where differences between the provisions exist, the more restrictive provisions shall prevail. b. Trees shall be evenly distributed throughout the parking lot to maximize tree functions and benefits. c. There shall be a minimum of one (1) very wide or wide canopy tree for every sixth parking space. No parking space shall be greater than 60 feet from the trunk of a tree. d. Trees in the very narrow tree canopy size class shall not be eligible for tree canopy cover credit in parking lots. 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. e. All trees planted within parking areas or otherwise surrounded by pavement shall have a minimum amount of open soil surface in accordance with the standards set forth in the Tree Conservation Manual. f. 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. g. Light poles and trees shall not share parking lot landscape islands to eliminate the need for severe pruning of tree crowns as they mature. h. Stormwater runoff into parking lot landscape islands may be permitted upon approval by the City Arborist if the design meets the intent and purpose of the tree ordinance. 28.4. Landscape Strips City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 25 a. Landscape strips shall be required as set forth in the Zoning Ordinance 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: 28.4.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. 28.4.b.2. In landscape strips greater than 25 feet wide, a minimum of one (1) tree for every 20 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the city arborist. 28.4.b.3. Clumping is permitted to create a more natural-looking landscape. 28.4.b.4. All required landscape strips shall be designed with at least 60 percent tree canopy cover with no more than 40 percent cover in grass or ground cover. 28.4.b.5. All species within required landscape strips must be ecologically compatible with the growing site. 28.4.b.6. Trees in the very narrow or narrow tree canopy size class in the tree species list shall not be used to satisfy landscape strip requirements unless adequate growing space does not exist for trees in the wide or very wide tree canopy size classes. 28.4.b.7. No permanent structures shall be permitted within landscape strips, including retaining walls, curbing, dumpsters, detention facilities, etc. 28.4.b.8. Monument signs, fences, drainage structures, or sidewalks may be permitted within landscape strips if it is determined by the city arborist that their placement is consistent with the purpose and intent of this ordinance. 28.4.b.9. Curb stops shall be used to prevent vehicle overhang into require landscape strips and parking lot landscape islands, with one curb stop per parking stall required. 28.4.b.10. Signs within required landscape strips shall be subject to the approval of the Administrator and may only be located in areas of turf or groundcover and shall not conflict with the growing space designated for trees and shrubs. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 26 28.4.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. 28.4.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 determined on a case by case basis by the city arborist and may be approved if the design meets the intent and purpose of the tree ordinance. 28.5. Buffers a. Buffers required pursuant to the Zoning Ordinance 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 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. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 27 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. 29. Landscape Performance Bond 29.1. 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. 29.2. 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. 29.3. 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. 29.4. 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. 29.5. Upon the successful planting of all required trees and landscape plants by the applicant, the landscape performance bond shall be returned. 30. Certificate of Occupancy and Final Plat Approval 30.1. 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. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 28 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. 30.2. 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. 31. Alternative Compliance 31.1. 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. 31.2. 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. 31.3. 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. 31.4. 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. 31.5. The city shall maintain a list of registered tree bank sites, which may include open space on city property or on developed, private property. 31.6. 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. 31.7. 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. 31.8. 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; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 29 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. 31.9. Trees planted in tree banks shall meet all the same requirements as for trees planted on-site. 31.10. A tree planting and maintenance plan developed and submitted by the applicant shall be required. 31.11. The applicant shall be responsible for the planting of trees off-site in a tree bank. 31.12. The registered tree bank owner shall be responsible for the required maintenance and protection of tree bank trees. 31.13. 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. 31.14. The removal of trees within a tree bank shall require a tree removal permit. 31.15. 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 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. 31.16. 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. 32. Tree Canopy Fund 32.1. 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. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 30 32.2. 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 collected for alternative compliance to the tree ordinance; and, c. Fees for violations of the tree ordinance. 32.3. 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. 33. Timber Harvesting 33.1. For lots greater than 2 acres, a timber harvesting notification shall be required and shall be submitted to the Administrator before any timber harvesting may commence. 33.2. A 50-foot undisturbed buffer around the perimeter of a lot where timber harvesting will occur shall be required in all zoning districts. 33.3. The clearcutting of timber shall be allowed on AG-1 zoned land only. 33.4. Thinning shall be allowed in all zoning districts and land uses. 33.5. Except for AG-1 zoned properties, an approved tree canopy plan shall be required before timber harvesting may commence. 33.6. 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. 33.7. 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 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 31 during timber harvesting operations in accordance with the standards set forth in the Tree Conservation Manual. 33.8. Stump removal or grading shall be prohibited as part of normal timber harvesting operations that are not related to development. 33.9. Clearcutting, thinning or land disturbance shall not be allowed within state water or wetland buffers. 33.10. Compliance with the soil erosion and sedimentation control ordinance is required. 33.11. All timber harvesting operations shall comply with the most current Georgia’s Best Management Practices for Forestry available from the local office of the Georgia Forestry Commission. City of Milton, Georgia Chapter 60 – Tree Canopy Conservation Ordinance Revised August 3, 2020 City Council Meeting and Legal Review City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page i Table of Contents ARTICLE I. IN GENERAL ......................................................................................... 1 1. Title ................................................................................................................................................... 1 2. Purpose and Intent ........................................................................................................................... 1 3. Administrator .................................................................................................................................... 1 4. Waivers ............................................................................................................................................. 1 5. Applicability and Exemptions ............................................................................................................ 2 6. Tree Conservation Manual ................................................................................................................ 3 7. Definitions ......................................................................................................................................... 3 8. Protected Trees ................................................................................................................................. 9 9. Specimen Trees ............................................................................................................................... 10 10. Specimen Tree Stand .................................................................................................................. 10 11. Heritage Trees ............................................................................................................................. 10 12. City of Milton Tree Species List ................................................................................................... 12 13. Appeals ........................................................................................................................................ 12 14. Inspections .................................................................................................................................. 12 15. Enforcement ............................................................................................................................... 13 16. Notice of Violation ...................................................................................................................... 13 17. Stop Work Order ......................................................................................................................... 14 18. Citations ...................................................................................................................................... 15 ARTICLE II. TREE CANOPY ON PROPERTY ABSENT DEVELOPMENT ACTIVITY ........15 19. Tree Canopy Management ......................................................................................................... 15 20. Tree Canopy Priorities ................................................................................................................. 15 21. Tree Canopy Cover Requirements .............................................................................................. 15 22. Tree Removal Permit .................................................................................................................. 16 23. Tree Canopy Replacement .......................................................................................................... 18 ARTICLE III. TREE CANOPY IN CONNECTION WITH DEVELOPMENT ACTIVITY……..19 24. Tree Canopy Management ......................................................................................................... 18 25. Tree Canopy Priorities ................................................................................................................. 18 26. Tree Canopy Plan ........................................................................................................................ 19 27. Tree Canopy Cover Requirements .............................................................................................. 21 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page ii 28. Required Tree Locations ............................................................................................................. 23 29. Landscape Performance Bond .................................................................................................... 27 30. Certificate of Occupancy and Final Plat Approval ....................................................................... 27 31. Alternative Compliance ............................................................................................................... 28 32. Tree Canopy Fund ....................................................................................................................... 29 33. Timber Harvesting ....................................................................................................................... 30 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 1 ARTICLE I. IN GENERAL 1. Title 1.1. This chapter shall be known as the Tree Canopy Conservation Ordinance of the City of Milton, Georgia or the “tree ordinance”. 2. Purpose and Intent 2.1. The purposes of the tree ordinance are to: a. Create a living and working environment for Milton’s citizens and visitors that is attractive, healthy and safe; b. Manage and utilize trees for the economic, environmental, and social functions and benefits they provide; and, c. Provide a framework for accomplishing the goals and objectives in the City’s comprehensive plan and other community, environmental and conservation ordinances, plans and policies. 2.2. The intent of this ordinance is to: a. Promote human, environmental and economic health within the community; b. Promote shared responsibility by all property owners to contribute to tree canopy cover; and, c. Establish the minimum amount of regulations that will achieve the vision and goals of the city and produce the desired outcomes. d. Maintain no net loss of tree canopy cover below the 57 percent existing as of March 2017. The City will measure the tree canopy in the fall of 2022, and not to exceed a five year period between measurements thereafter, using the latest technology and use the results to evaluate the effectiveness of this ordinance in achieving the city’s tree canopy goals. 3. Administrator 3.1. The Director of the Community Development Department shall be the Administrator of the tree ordinance. 3.2. Reference to the Administrator shall include the Administrator and/or their designee. 4. Waivers City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 2 4.1. The Administrator shall have the authority to waive any provision of the tree ordinance where such waiver is consistent with the purpose and intent of the tree ordinance and where literal enforcement of the tree ordinance will create an undue hardship or unreasonable practical difficulty on the Applicant. 4.2. The Administrator shall determine if a waiver is justified. A waiver must be based upon credible evidence submitted to the Administrator demonstrating that: a. Approval, if granted, would not offend the purpose and intent of the tree ordinance; b. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that literal or strict application of the tree ordinance would create an unnecessary hardship due to size, shape, or topography or other extraordinary and exceptional situations or conditions not caused by the applicant; c. Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; d. That the public safety, health and welfare are secured, and that substantial justice is done. 4.3. The Administrator shall keep record of all approved waivers. Every quarter, any waivers that have been approved will be presented to the Planning Commission by the Administrator. 4.4. Planning Commission may recommend amendments to the provisions of the tree ordinance to the Administrator at this time. 5. Applicability and Exemptions 5.1. The terms and provisions 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 development permit; c. The removal of or disturbance to the Critical Root Zone or Structural Root Plate of any Protected tree including Specimen and Heritage 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; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 3 b. Commercial tree nursery and tree farm operations; c. Trees removed or pruned by any utility company as part of routine vegetation management activities or utility maintenance/repair within the utility right-of-way or existing easements. d. Tree removal for ongoing forest management practices, including, timber management and agricultural operations as defined in O.C.G.A. § 1-3-3(4.1). 5.3 The applicant may apply the density-based Tree Conservation Ordinance or the canopy-based Tree Conservation Ordinance until November 30, 2020. 6. Tree Conservation Manual 6.1. There is hereby adopted and incorporated by reference, as if fully set forth herein, a Tree Conservation Manual (version revised October 23,2019) that supplements the tree ordinance and sets forth standards and procedures for activities required by the tree ordinance. A copy of this manual will be available online and in the office of Community Development. 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; provided that revised versions of the manual shall become part of the tree ordinance only after adoption by the City Council as an amendment to the tree ordinance. Should any standard of the Tree Conservation Manual conflict with the tree ordinance, the tree ordinance shall govern. 7. Definitions 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. 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 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 4 plat, certificate of conceptual plan approval, final plat approval or certificate of occupancy. c. 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). d. 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. e. 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. f. 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. g. 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. h. City arborist. The designee 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. i. City tree. Any tree which is located within any city park, city easement, city right-of-way, or on any other city owned property. j. Clearcutting. A method of harvesting timber that results in the removal of all trees from all or a portion of a property. k. 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. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 5 l. Conserved Tree. Any tree where encroachment into the Critical Root Zone does not exceed 25%. m. 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; Encroachment into the critical root zone must not exceed 25% for the tree to be considered conserved. n. Crown. The entirety of a tree’s scaffold limbs, branches and leaves. o. 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. p. Development activity. Any activity on real property which requires a development permit. q. Development permit. A land disturbance permit, grading permit, building permit, demolition permit, minor plat approval, preliminary plat approval, concept plan approval or other permit or approval issued by the City Community Development Department authorizing the commencement of the disturbance, alteration, improvement or development of a given tract of land. r. 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. s. Establishment period. For a newly planted tree, the time from planting until the beginning of the fourth growing season on-site. t. Existing tree. An established tree growing on-site for at least 3 complete growing seasons. u. 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. v. Growing season. March 1 to November 30. w. Hazardous tree. A tree that is likely to fail wholly or in part, under normal environmental conditions as determined by a certified arborist. x. 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 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 6 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. y. Heritage tree(s). A tree that is designated by the administrator to be of notable community interest because of its outstanding age or size, landmark recognition or historical association. z. Land disturbing activity. Any activity which may result in soil erosion from water or wind and movement of sediments into state water or onto lands within the state, including, but not limited to clearing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural practices as set forth in the City of Milton Soil Erosion and Sedimentation Control Ordinance. aa. 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. bb. Limits of disturbance. The boundary within which all construction, materials storage, grading, landscaping and related activities shall occur. cc. Live crown ratio. The percentage of the total height of a tree that is occupied by the tree’s live crown. dd. 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. ee. Passive tree protection. The ongoing avoidance of activities harmful to a tree, as further described in the tree ordinance, within the tree protection zone. ff. Planted tree. A tree that has been planted within the last 3 years and has not yet completed 3 growing seasons on-site. gg. Planting season. November 15 to March 15. hh. 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. ii. Priority tree. A specimen or heritage tree. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 7 jj. Property. An area of land composed of less than one lot, or of accumulations of one or more lots, or parts thereof. kk. Protected tree. Any tree 12 inches DBH or greater, any tree conserved or planted to meet tree ordinance requirements, any City Tree, any Specimen Tree, and/or any Heritage Tree. ll. 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. mm. 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. nn. 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. oo. 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. pp. 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 City of Milton Tree Species List. qq. 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. rr. Structural Root Plate. For a conserved tree, the ground and soil area to a depth of 30 inches with a radius extending out from the trunk 0.5 feet for every inch of DBH. ss. Thinning. Selective cutting of trees for timber products with the remaining trees more or less evenly distributed across a property. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 8 tt. Timber harvesting. The felling of trees for timber products (pulpwood, sawtimber, etc.) as part of ongoing forest management practices, by thinning or clearcutting. uu. Topping. The improper practice of the severe cutting back of limbs to stubs larger than 2 inches in diameter within the tree’s crown to such a degree that the tree canopy is removed or the crown shape typical of the species is disfigured, resulting in decay of the scaffold limbs or trunk and/or decline in main branch and sprout production. vv. 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. ww. Tree bank. A site registered with the city where growing conditions are favorable for the establishment of trees per the tree placement standards set forth in the Tree Conservation Manual, and on which trees may be planted to satisfy tree replacement or minimum tree canopy cover requirements for another property. xx. 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. yy. 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. zz. 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. aaa. 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). City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 9 bbb. 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. ccc. Tree conservation manual. A supplement to the tree ordinance containing standards and procedures required for tree ordinance compliance. ddd. 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). eee. Tree ordinance. Chapter 60 – Vegetation of the City of Milton municipal code of ordinances. fff. 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. ggg. Tree removal permit. A permit required before a protected tree can be removed, destroyed or irreparably damaged. hhh. 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. iii. 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 documented by a certified arborist with final approval by the City Arborist. 8. Protected Trees 8.1. A tree removal permit shall be required for any Protected tree being removed or having disturbance to the critical root zone and/or structural root plate. 8.2. The removal of or disturbance to the Critical Root Zone or Structural Root Plate of any Protected tree without a tree removal permit shall be considered a violation of the tree ordinance. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 10 9. Specimen Trees 9.1. A Specimen Tree is any healthy tree, documented by a certified arborist and verified by the City Arborist, which meets at least one of the following criteria for size: a. Hardwood trees with a minimum DBH of 24 inches for a tree in the large or medium mature tree height class (very wide or wide canopy); or b. Any tree with a minimum DBH of 12 inches for a tree in the small mature tree height class (narrow or very narrow canopy); or c. Pine trees (Pinus spp.), Sweetgums (Liquidambar styraciflua), and Tulip- Poplars (Liriodendron tulipifera) with a minimum DBH of 27 inches regardless of mature tree height class. 9.2. If removal of a Specimen Tree is approved, replacement requirements shall be 150 percent of the square feet of tree canopy cover removed. 9.3. All Specimen Trees successfully conserved and protected to meet tree canopy cover requirements shall be given 25 percent additional tree canopy cover credit over the actual measured canopy square footage or the standard credit as assigned by the Tree Species List. 10. Specimen Tree Stand 10.1. A stand of trees may be considered a Specimen Tree Stand if primarily composed of healthy trees, with no major insect or disease problems within the stand and meets at least one of the following specific criteria as documented by a certified arborist and verified by the Administrator: a. A mature, even-aged stand; b. A stand with purity of species composition or of a rare or unusual nature; c. A stand of historical significance; d. A stand with exceptional aesthetic quality; or, e. A stand on a lot which is otherwise devoid of trees. 11. Heritage Trees 11.1. A tree shall be designated as Heritage if it meets the criteria set forth herein. 11.2. Trees may be nominated for Heritage Tree status by the tree owner by submitting a Heritage Tree Nomination Form to the Administrator. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 11 11.3. Within 15 business days after the submittal of a completed nomination form by a tree owner to the Administrator, the City Arborist shall provide a recommendation on whether the nominated tree(s) should be designated as Heritage. 11.4. The Administrator shall present the recommendation to City Council who shall review heritage tree nominations and shall have the authority to designate trees as Heritage. 11.5. For a tree to be designated as heritage, it must be a healthy tree as documented by aa certified arborist and verified by the Administrator and meet at least one of the following specific criteria as determined by the Administrator: a. State or county champion tree, as determined by the Georgia Forestry Commission (www.gfc.state.ga.us), 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; or b. Documented age greater than 75 years old; or c. An established and familiar feature or integral part of the community and its heritage and is recognized as such by the administrator; or d. Designated by the Georgia Tree Council (www. gatreecouncil.org) as a Landmark or Historic Tree; or e. Documented historical significance. 11.1. Prior to the approval of a tree canopy plan for a lot that includes the proposed conservation or removal of a Heritage Tree, the City Arborist shall inform the applicant that one or more trees on the lot has been designated as a Heritage Tree before the tree canopy plan is approved. 11.2. The City Arborist shall maintain a current list of designated Heritage Trees and their locations shall be recorded on the City’s GIS (Geographic Information System). 11.3. All Heritage Trees successfully conserved and protected to meet tree canopy cover requirements shall be given 40 percent additional tree canopy cover credit over the actual or standard credit. All Heritage Trees approved for removal must have their canopy replaced at 200 percent and payment must be made into the Tree Canopy Fund at the rate listed in the City’s fee schedule located in Appendix A of the City Code. Canopy replacement shall be based on the actual measurement of the tree canopy. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 12 12. City of Milton Tree Species List 12.1. There is hereby 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. 12.2. 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. 12.3. 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. 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 Administrator. 13. Appeals 13.1. 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 Administrator for relief or reconsideration. 13.2. Any person aggrieved or adversely affected by any decision of the Administrator relating to the application of the tree ordinance may file an appeal within 30 days of the Administrator’s decision with the Board of Zoning Appeals through the Administrator. 13.3. Decisions shall only be reversed on appeal for clearly erroneous interpretation of the tree ordinance. 14. Inspections 14.1. The Administrator or his/her designee shall have the authority to conduct inspections 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. 14.2. 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. a. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 13 14.3. The Administrator 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. 15. Enforcement 15.1. It shall be the duty of the Administrator to enforce the tree ordinance. 15.2. The Administrator shall have the authority to modify, revoke, suspend, or void any development permit, or tree removal permit and suspend all work on a property or any portion thereof if a violation of the tree ordinance occurs until it is determined that the property is in full compliance with the tree ordinance. 15.3. The Administrator shall have the authority to issue a Notice of Violation, Stop Work Order, and Citation to enforce the provisions of the tree ordinance. 16. Notice of Violation 16.1. 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. 16.2. 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. 16.3. 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 an immediate citation and/or stop work order. 16.4. 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 3, 2020 Page 14 17. Stop Work Order 17.1. 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 as the violation has been remedied to the satisfaction of the Administrator. 17.2. 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 Administrator determines that work must be stopped immediately to avoid further damage. 17.3. The stop work order shall: a. Be in writing and posted on site; 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. 17.4. 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. 17.5. The Administrator 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. 17.6. 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 3, 2020 Page 15 18. Citations 18.1. 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 violation; 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 PROPERTY ABSENT DEVELOPMENT ACTIVITY 19. Tree Canopy Management 19.1. On properties absent development activity, tree canopy cover shall be managed through establishing tree canopy priorities, tree canopy cover requirements, tree removal permitting and replacement requirements. 20. Tree Canopy Priorities 20.1. Priority areas on properties absent development activity for tree conservation and planting shall be rural viewsheds, road frontages, required setbacks, landscape strips or islands, and state waters or zoning buffers. 20.2. Priority trees for conservation shall be Specimen Trees, Specimen Tree Stands, and Heritage Trees. 21. Tree Canopy Cover Requirements 21.1. The minimum amount of tree canopy cover required on a lot, in the absence of further development, shall be the amount existing as of the date of application for tree removal permit or the minimum canopy coverage requirement per Table 1, whichever is less. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 16 21.2. If the lot is over the minimum canopy coverage requirement per Table 1, any proposed tree removal must not bring the lot below the minimum canopy coverage requirement without recompense. 22. Tree Removal Permit 22.1. On a 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 encroachment into the Critical Root Zone or Structural Root Plate of a Protected Tree. 22.2. The removal of a Protected Tree or encroachment into the Critical Root Zone or Structural Root Plate without a tree removal permit shall constitute a violation of the tree ordinance and may result in an immediate Stop Work Order, Notice of Violation or Citation for the tree owner and/or any person or company involved in cutting, removing or damaging the tree. 22.3. Application for a tree removal permit shall be made by the tree owner or his/her authorized agent, to the Administrator. 22.4. A tree removal permit is required for the removal of a dead, unhealthy or invasive tree. 22.5. A tree removal permit application fee shall be required, except for an application for the removal of a dead, unhealthy or invasive tree. 22.6. The Administrator shall make a site visit or utilize other appropriate means to inspect the trees proposed for removal within 10 days of the date of application. 22.7. If canopy replacement is required, the applicant or property owner must provide an agreement to the canopy replacement, such as, but not limited to, , a signed contract with a landscape company stating the quantity, size, and species of trees to be planted, or a written statement from the property owner specifying the quantity, size, and species of trees to be planted along with a proposed planting schedule before the permit may be issued. 22.8. The Administrator 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. 22.9. When trees are removed on a lot without a tree removal permit due to imminent threat or emergency conditions, the owner of such trees shall provide an oral or electronic notice via telephone or e-mail to the Administrator prior to or immediately after the removal. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 17 22.10. Should the Administrator 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 24 of the tree ordinance. 22.11. Replacement of the tree canopy removed, whether permitted or not permitted, shall be required pursuant to Section 23. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 18 23. Tree Canopy Replacement 23.1. The square feet of tree canopy cover provided by a Protected Tree that is approved for removal or lost due to disturbance within the Critical Root Zone or Structural Root Plate on a lot shall be replaced if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 23.2. Tree canopy replacement shall not be required for a tree removed under emergency conditions or after the approved removal of a dead, unhealthy, or invasive tree. 23.3. 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. 23.4. 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. 23.5. All planting and maintenance activities for required replacement trees shall be completed in accordance with the standards set forth in the Tree Conservation Manual. 23.6. Recompense tree planting may be satisfied by alternative compliance pursuant to Section 31. ARTICLE III. TREE CANOPY IN CONNECTION WITH DEVELOPMENT ACTIVITY 24. Tree Canopy Management 24.1. On properties in connection with development activity, tree canopy cover shall be managed through tree canopy cover requirements and tree conservation and planting to meet those requirements. 25. Tree Canopy Priorities 25.1. Priority areas on properties with development activity for tree conservation and planting shall be rural viewsheds, road frontages, parking lots, landscape strips and landscape islands, and state waters and zoning buffers. 25.2. Regardless of whether the lot meets minimum tree canopy cover requirements, trees shall be required, either conserved or planted, in rural viewsheds, road City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 19 frontages, parking lots, landscape islands, landscape strips and buffers as set forth in the zoning regulations. 25.3. Priority trees for conservation shall be Specimen and Heritage Trees. 26. Tree Canopy Plan 26.1. An approved tree canopy plan may be required as a condition of approval of any development permit if necessary to implement the purposes and intent of the tree ordinance as determined by the Administrator. 26.2. An approved tree canopy plan shall serve as an approved tree removal permit for the purposes of land development. 26.3. The tree canopy plan shall be prepared by a licensed professional, such as, a certified arborist, registered forester, registered landscape architect, professional engineer or registered land surveyor. 26.4. The tree canopy plan shall be drawn to scale and include a tree survey, a tree protection plan, a tree planting plan, and shall, at a minimum, 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 Protected Trees, including Specimen and Heritage Trees, on the lot, with Critical Root Zones, and Structural Root Plates identified on all Protected Trees, including Specimen and Heritage Trees, proposed for conservation. Location of tree groups and forested areas with description of primary species and average DBH; c. All Protected Trees, including Specimen and Heritage Trees, proposed to be removed; d. Location of all tree save areas and notations of all tree protection methods to be used with details on materials and installation methods; e. Trunk location, species, and caliper of all trees proposed for planting with planting details and maintenance schedule for the first three years; f. Location of all existing and proposed improvements, including, but not limited to, buildings, driveways, walkways, retaining walls, other structures and impervious surfaces, and all existing and new utilities; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 20 g. Arborist Note: “Any unapproved encroachment into a designated tree save area shall result in an immediate Stop Work Order, Notice of Violation, and/or Citation for the responsible party.” h. Location of ingress and egress points and access roads for vehicles and construction equipment; i. All proposed grading and the limits of disturbance; and, j. Name and contact information of property owner and primary authorized agent(s) responsible for tree canopy plan compliance. 26.5. Guidelines on calculating tree canopy coverage included in the Tree Conservation Manual are incorporated herein by reference. 26.6. The tree canopy plan, tree survey, tree protection plan, and tree planting and maintenance plan may be combined onto a single plan if all required information can be clearly depicted. 26.7. The Administrator shall be responsible for reviewing all tree canopy plans and shall decide whether the tree canopy plan is consistent with the requirements of the tree ordinance. A tree canopy plan review application fee shall be required at the time of plan submittal in an amount set forth in the city’s fee schedule. 26.8. No tree damage or removal, or land disturbance shall take place on any lot in connection with development activity without an approved tree canopy plan as required by the Administrator showing how tree canopy cover requirements will be met. 26.9. 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. 26.10. 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 3, 2020 Page 21 27. Tree Canopy Cover Requirements 27.1. Tree canopy cover shall be required on all properties in connection with development activity as a condition of development. 27.2. The amount of tree canopy cover required on a lot as a condition of development shall be the amount currently existing or the minimum amount set forth in Table 1, whichever is less. Canopy coverage shall be met with existing trees to remain on site or a combination of existing trees and newly planted trees. Existing trees must make up at least one-third of the required canopy coverage. Table 1. Minimum Tree Canopy Cover Required Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area AG-1 up to 1.49 acres 57% AG-1 at 1.5 – 2.99 acres 40% AG-1 at 3 or more acres 25% CUP, MHP, NUP 57% C-1, C-2 30% CBS, CS 50% H 30% MIX, O-I 40% R-1, R-2, R-2A 57% R-3, R-3A, R-4, R-4A 50% R5, R-5A, R-6 40% Suburban A 50% T2 57% T3 40% T4, T4-Open, T4P, T4R, TR 30% T5, T5R, T6 10% 27.3. In subdivision developments, tree canopy cover requirements shall apply to both the entire development and to each lot within the development. 27.4. Trees shall be conserved for tree canopy cover credit in accordance with the requirements that follow: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 22 a. Trees shall be conserved to the greatest extent possible in priority areas to meet tree canopy cover requirements. b. Existing trees 2 inches DBH and greater, except for invasive species listed on the tree species list or otherwise known to be invasive, may be eligible for tree canopy cover credit if the trees meet the minimum quality standards as established in the most current ANSI Z60.1 American Standard for Nursery Stock. c. Forested areas dominated by non-native, invasive, and/or exotic plant species (kudzu, for example) shall not be eligible for tree canopy cover credit. Trees conserved to meet tree canopy cover requirements shall be actively protected during construction and passively protected at all times. d. 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. e. Since the Structural Root Plate is the area of rapid tapering roots supporting the vertical weight of the tree, any damage to the Structural Root Plate will put the tree at high risk for failure and may require the tree to be removed as determined by the Administrator. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 23 27.5. 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. 28. Required Tree Locations 28.1. Rural Viewsheds a. Where rural viewsheds are required in accordance with zoning regulations, the entire area encompassed by the rural viewshed shall be eligible for tree canopy cover credit. b. For minor subdivisions and individual undeveloped residential properties, the conservation of trees within the first 60 feet of road frontage from an exterior street shall be eligible for a bonus of 20 percent additional square feet of tree canopy cover credit. Disturbance within the rural viewshed, shall follow the requirements set forth in the Zoning Ordinance. c. 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 Administrator if the design meets the purpose and intent of the tree ordinance. 28.2. Road Frontages a. In all new developments, street trees shall be required along road frontages on private property 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. 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. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 24 e. 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 Administrator and Public Works Director. 28.3. Parking Lots a. Parking lot landscaping shall conform to requirements in the Zoning Ordinance and to the requirements set forth in the Tree Conservation Manual. Where differences between the provisions exist, the more restrictive provisions shall prevail. b. Trees shall be evenly distributed throughout the parking lot to maximize tree functions and benefits. c. There shall be a minimum of one (1) very wide or wide canopy tree for every sixth parking space. No parking space shall be greater than 60 feet from the trunk of a tree. d. Trees in the very narrow tree canopy size class shall not be eligible for tree canopy cover credit in parking lots. 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. e. All trees planted within parking areas or otherwise surrounded by pavement shall have a minimum amount of open soil surface in accordance with the standards set forth in the Tree Conservation Manual. f. 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. g. Light poles and trees shall not share parking lot landscape islands to eliminate the need for severe pruning of tree crowns as they mature. h. Stormwater runoff into parking lot landscape islands may be permitted upon approval by the City Arborist if the design meets the intent and purpose of the tree ordinance. 28.4. Landscape Strips City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 25 a. Landscape strips shall be required as set forth in the Zoning Ordinance 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: 28.4.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. 28.4.b.2. In landscape strips greater than 25 feet wide, a minimum of one (1) tree for every 20 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the Tree Conservation Manual, except that closer spacing or clumping may be approved by the city arborist. 28.4.b.3. Clumping is permitted to create a more natural-looking landscape. 28.4.b.4. All required landscape strips shall be designed with at least 60 percent tree canopy cover with no more than 40 percent cover in grass or ground cover. 28.4.b.5. All species within required landscape strips must be ecologically compatible with the growing site. 28.4.b.6. Trees in the very narrow or narrow tree canopy size class in the tree species list shall not be used to satisfy landscape strip requirements unless adequate growing space does not exist for trees in the wide or very wide tree canopy size classes. 28.4.b.7. No permanent structures shall be permitted within landscape strips, including retaining walls, curbing, dumpsters, detention facilities, etc. 28.4.b.8. Monument signs, fences, drainage structures, or sidewalks may be permitted within landscape strips if it is determined by the city arborist that their placement is consistent with the purpose and intent of this ordinance. 28.4.b.9. Curb stops shall be used to prevent vehicle overhang into require landscape strips and parking lot landscape islands, with one curb stop per parking stall required. 28.4.b.10. Signs within required landscape strips shall be subject to the approval of the Administrator and may only be located in areas of turf or groundcover and shall not conflict with the growing space designated for trees and shrubs. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 26 28.4.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. 28.4.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 determined on a case by case basis by the city arborist and may be approved if the design meets the intent and purpose of the tree ordinance. 28.5. Buffers a. Buffers required pursuant to the Zoning Ordinance 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 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. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 27 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. 29. Landscape Performance Bond 29.1. 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. 29.2. 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. 29.3. 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. 29.4. 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. 29.5. Upon the successful planting of all required trees and landscape plants by the applicant, the landscape performance bond shall be returned. 30. Certificate of Occupancy and Final Plat Approval 30.1. 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. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 28 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. 30.2. 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. 31. Alternative Compliance 31.1. 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. 31.2. 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. 31.3. 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. 31.4. 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. 31.5. The city shall maintain a list of registered tree bank sites, which may include open space on city property or on developed, private property. 31.6. 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. 31.7. 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. 31.8. 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; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 29 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. 31.9. Trees planted in tree banks shall meet all the same requirements as for trees planted on-site. 31.10. A tree planting and maintenance plan developed and submitted by the applicant shall be required. 31.11. The applicant shall be responsible for the planting of trees off-site in a tree bank. 31.12. The registered tree bank owner shall be responsible for the required maintenance and protection of tree bank trees. 31.13. 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. 31.14. The removal of trees within a tree bank shall require a tree removal permit. 31.15. 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 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. 31.16. 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. 32. Tree Canopy Fund 32.1. 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. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 30 32.2. 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 collected for alternative compliance to the tree ordinance; and, c. Fees for violations of the tree ordinance. 32.3. 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. 33. Timber Harvesting 33.1. For lots greater than 2 acres, a timber harvesting notification shall be required and shall be submitted to the Administrator before any timber harvesting may commence. 33.2. A 50-foot undisturbed buffer around the perimeter of a lot where timber harvesting will occur shall be required in all zoning districts. 33.3. The clearcutting of timber shall be allowed on AG-1 zoned land only. 33.4. Thinning shall be allowed in all zoning districts and land uses. 33.5. Except for AG-1 zoned properties, an approved tree canopy plan shall be required before timber harvesting may commence. 33.6. 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. 33.7. 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 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 3, 2020 Page 31 during timber harvesting operations in accordance with the standards set forth in the Tree Conservation Manual. 33.8. Stump removal or grading shall be prohibited as part of normal timber harvesting operations that are not related to development. 33.9. Clearcutting, thinning or land disturbance shall not be allowed within state water or wetland buffers. 33.10. Compliance with the soil erosion and sedimentation control ordinance is required. 33.11. All timber harvesting operations shall comply with the most current Georgia’s Best Management Practices for Forestry available from the local office of the Georgia Forestry Commission. STATE OF GEORGIA ORDINANCE ____ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 60 - “TREE CANOPY CONSERVATION ORDINANCE” OF THE CODE OF ORDINANCES 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 August 3, 2020 6:00 p.m. as follows: SECTION 1. That the amendment of Chapter 60 of the City of Milton Code of Ordinances is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 3rd day of August 2020. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 29, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Proposed Consent Order in Connection with Condemnation Action Filed as Civil Action File No. 2091CV327435 (Hopewell Road at Thompson Road Roundabout) MEETING DATE: Monday, August 3, 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: __________ August 3, 2020 X X X X To: Honorable Mayor and City Council Members From: Sarah VanVolkenburgh, City Attorney Robert W. Drewry, Public Works Director Date: Submitted on July 27, 2020 for the August 3, 2020 Regular City Council Meeting Agenda Item: Consideration of a Proposed Consent Order in Connection with Condemnation Action Filed as Civil Action File No. 2091CV327435 (Hopewell Road at Thompson Road Roundabout) _____________________________________________________________________________________ Executive Summary: To construct a roundabout at the intersection of Hopewell Road and Thompson Road, the City required 1.04 acres of fee simple right of way from property owned by 158 Creamer Road, LLC, (Parcel 5) which property included a residence. After the parties were unable to reach agreement on compensation, the City instituted eminent domain proceedings in Fulton County Superior Court to obtain the rights needed. As part of the eminent domain proceedings, the City deposited $132,600.00 into the court registry as its estimate of just and adequate compensation. The parties have subsequently reached agreement to settle in the amount of $185,000.00, as previously authorized by City Council. The proposed consent order, which would have the City remit the balance of $52,400.00 to the owner, is before the Council to allow its terms to be approved in an open meeting before the order is submitted to the Superior Court. Procurement Summary: Purchasing method used: Other (See Comment Above) Account Number: 335-4101-541400006 Requisition Total: $52,400.00 (Fee Simple/Right of Way) Financial Review: Bernadette Harvill, July 27, 2020 Legal Review: Sarah VanVolkenburgh, Jarrard & Davis LLP, July 24, 2020 Attachment(s): Consent Order City of Milton v. 1.04 Acres of Fee Simple Right of Way, et al.; 2019CV327435 Hopewell Rd at Thompson Rd, Parcel 5 Consent Order and Judgment; Page 1 of 5 IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA CITY OF MILTON, GEORGIA, ) ) Condemnor, ) v. ) CIVIL ACTION FILE ) NO.:2019CV327435 1.04 ACRES OF FEE SIMPLE RIGHT OF WAY; ) 158 CREAMER ROAD, LLC; JESUS RIOS ) CRUZ; and ANA RODRIGUEZ; ) ) Condemnees. ) PROPOSED CONSENT ORDER AND JUDGMENT The above-styled case is before the Court pursuant to the consent of Condemnee 158 Creamer Road, LLC (“Condemnee”) and Condemnor City of Milton, Georgia (“Condemnor”). WHEREAS, Condemnor condemned 1.04 acres of fee simple right of way in the above- styled case; and WHEREAS, Condemnor previously deposited One Hundred Thirty-Two Thousand Six Hundred and No/100 Dollars ($132,600.00) into the registry of Fulton County Superior Court as estimated total just and adequate compensation for all property rights acquired in the instant action (the “Estimated Compensation”); and WHEREAS, Condemnee made a claim to the Estimated Compensation and filed a Notice of Appeal making claims for additional compensation; and WHEREAS, all named parties appear to be served; and WHEREAS, no other party has made a claim for or appealed the estimate of just and adequate compensation or has otherwise challenged Condemnor’s right to acquire the property rights acquired in the instant action; and WHEREAS, the undersigned parties desire to reach a full and final settlement of the City of Milton v. 1.04 Acres of Fee Simple Right of Way, et al.; 2019CV327435 Hopewell Rd at Thompson Rd, Parcel 5 Consent Order and Judgment; Page 2 of 5 instant action, including a final determination of all issues raised or which could have been raised in the case; and WHEREAS, the parties hereto are in agreement that the total sum of One Hundred Eighty- Five Thousand and No/100 Dollars ($185,000.00) constitutes total just and adequate compensation for all property rights acquired in this action; and WHEREAS, Condemnee, by the signature of its counsel below, wishes to accept the total amount of One Hundred Eight-Five Thousand and No/100 Dollars ($185,000.00) in full settlement of the property rights condemned in this matter and forever waives any and all further compensation, claims, and damages that may have been brought by Condemnees in this proceeding. IT IS HEREBY ORDERED AND ADJUDGED that $185,000.00 constitutes just and adequate compensation for the property rights condemned in this matter, including any claims for damages or business loss arising out of, resulting from, or related to the subject condemnation. In light of the Court’s prior order disbursing the $132,600.00 originally deposited in the registry, Condemnor is hereby ORDERED to pay, within thirty (30) days of the date of entry of this order, the remaining balance of One Hundred Eighty-Five Thousand and No/100 Dollars ($52,400.00) to the order of Smith Gilliam Williams and Miles, P.A. , on behalf of 158 Creamer Road, LLC, and mail to: Steven P. Gilliam Smith, Gilliam, Williams & Miles, PA 301 Green Street Suite 200 Gainesville, GA 30501 IT IS FURTHER ORDERED that all issues that could have been raised in this action, including the amount and description of the property rights and interests acquired by virtue of this City of Milton v. 1.04 Acres of Fee Simple Right of Way, et al.; 2019CV327435 Hopewell Rd at Thompson Rd, Parcel 5 Consent Order and Judgment; Page 3 of 5 action and the width of the existing right of way as depicted in the Decl aration of Taking and Appendices attached thereto, those of just and adequate compensation for the property rights and interests acquired, consequential damages, business damages, relocation expenses, and other damages which could have been sought in this action are concluded, and all Condemnees named in this action shall have no further claim against Condemnor with respect to this in rem condemnation action. Each party shall bear its own attorneys’ fees and costs. Upon payment of the funds as set forth above, the matter shall be concluded, and the file shall be closed. SO ORDERED and ADJUDGED, this ____ day of ______________ 2020. __________________________________ The Honorable Robert C.I. McBurney Fulton County Superior Court Atlanta Judicial Circuit City of Milton v. 1.04 Acres of Fee Simple Right of Way, et al.; 2019CV327435 Hopewell Rd at Thompson Rd, Parcel 5 Consent Order and Judgment; Page 4 of 5 Prepared and consented to by: JARRARD & DAVIS, LLP ______________________________ Christopher Hamilton Georgia Bar No. 320853 Sarah VanVolkenburgh Georgia Bar No. 481771 222 Webb Street Cumming, GA 30040 (678) 455-7150 (telephone) (678) 455-7149 (facsimile) chamilton@jarrard-davis.com sarahv@jarrard-davis.com Attorneys for Condemnor City of Milton, Georgia Consented to by: SMITH, GILLIAM, WILLIAMS & MILES, P.A. ______________________________ Steven P. Gilliam Georgia Bar No. 294950 M. Tyler Smith Georgia Bar No. 661685 (by Sarah VanVolkenburgh, with express permission) PO Box 1098 Gainesville, GA 30503 (770) 536-3381 Attorneys for 158 Creamer Road, LLC City of Milton v. 1.04 Acres of Fee Simple Right of Way, et al.; 2019CV327435 Hopewell Rd at Thompson Rd, Parcel 5 Consent Order and Judgment; Page 5 of 5 IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA CITY OF MILTON, GEORGIA, ) ) Condemnor, ) v. ) CIVIL ACTION FILE ) NO.:2019CV327435 1.04 ACRES OF FEE SIMPLE RIGHT OF WAY; ) 158 CREAMER ROAD, LLC; JESUS RIOS ) CRUZ; and ANA RODRIGUEZ; ) ) Condemnees. ) RULE 23 CERTIFICATE I hereby certify in accordance with Uniform Rule of Superior Court 23 that the order presented in the above-captioned case to draw down funds from the registry of court is done with written consent of all parties, or their counsel, who have filed claims of record in this case, and whose interest has not previously been foreclosed by judicial decree or by failure to timely file a notice of appeal within thirty (30) days of service as required by O.C.G.A. § 32-3-14. I further certify that provision is made in this order for the payment of all local, state, and federal government taxes, or assessments of record. I understand that the truth of the statements contained in this certificate is a condition precedent to the issuance of a valid order to pay the funds from the registry of the court. This ___ date of ______________ 2020. JARRARD & DAVIS, LLP _________________________ Sarah VanVolkenburgh Georgia Bar No. 481771