HomeMy WebLinkAboutAgenda Packet CC - 01/11/2007 - Packet-01-11-2007 (Migrated from Optiview)
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman - District 1
Julie Zahner Bailey - District 2
Bill Lusk - District 3
Neal O’Brien - District 4
Tina D’Aversa-Williams - District 5
Rick Mohrig - District 6
Thursday, January 11, 2007 Regular Council Meeting Agenda 5:30 PM
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
(Agenda Item No. 06-137)
4) APPROVAL OF MEETING AGENDA (add or remove items from agenda)
5) PUBLIC COMMENT
6) REPORTS AND PRESENTATIONS
1. Legislative Update by Representative Jan Jones.
(Agenda Item No. 06-138)
7) CONSENT AGENDA
1. Approval of the November 30, 2006 Special Called meeting minutes.
2. Approval of the December 1, 2006 Special Called meeting minutes.
3. Approval of the December 7, 2006 Regular Meeting minutes.
4. Approval of the December 13, 2006 Work Session minutes.
8) ZONING AGENDA (none at this time)
9) FIRST PRESENTATION
(Agenda Item No. 06-139)
1. Approval of an Ordinance Establishing Noise Control within the City of Milton, Georgia.
(Presented by Aaron Bovos, City Manager)
AN ORDINANCE ESTABLISHING NOISE CONTROL WITHIN THE CITY OF MILTON, GEORGIA
Page 1 of 3
Milton City Hall
13000 Deerfield Parkway, Building 100
Alpharetta, GA 30004
MILTON CITY COUNCIL SPECIAL CALLED MEETING AGENDA JANUARY 11, 2007 – 5:30 PM
Page 2 of 3
Milton City Hall
13000 Deerfield Parkway, Building 100
Alpharetta, GA 30004
(Agenda Item No. 06-140)
2. Approval of an Ordinance to Adopt and Approve Chapter 8, Parks and Recreation, and
providing for inclusion and identification in the future developed Code of Ordinances for
the City of Milton, Georgia.
(Presented by Greg Wilson, Community Services Manager)
AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 8, RECREATION AND PARKS, AND PROVIDING
FOR INCLUSION AND IDENTIFICATION IN THE CODE OF ORDINANCES FOR THE CITY OF MILTON,
GEORGIA TO BE REFERENCED IN THE FUTURE AS CHAPTER 8 (RECREATION AND PARKS) AS
ATTACHED HERETO AND INCORPORATED HEREIN; AND FOR OTHER PURPOSES
(Agenda Item No. 06-141)
3. Approval of an Ordinance Adopting Amended Rules and Procedures for the City Council
Meetings and Public Hearings for the City of Milton, Georgia.
(Presented by Aaron Bovos, City Manager)
A ORDINANCE ADOPTING AND AMENDING RULES AND PROCEDURES FOR THE CITY COUNCIL
MEETINGS AND PUBLIC HEARINGS FOR THE CITY OF MILTON, GEORGIA
10) UNFINISHED BUSINESS
(Agenda Item No. 06-129)
1. Approval of an Ordinance Adopting an Open Records Policy. (Second Reading)
(Presented by Jeanette Marchiafava, City Clerk/Clerk of Court)
AN ORDINANCE TO ADOPT AND APPROVE THE OPEN RECORDS POLICY FOR THE CITY OF
MILTON, GEORGIA; TO PROVIDE FOR GUIDANCE IN ADMINISTERING SUCH POLICY;
AND FOR OTHER PURPOSES
(Agenda Item No. 06-130)
2. Approval of an Ordinance Granting a Franchise Agreement with Georgia Power.
(Presented by Aaron Bovos, City Manager) (Second Reading)
AN ORDINANCE GRANTING A FRANCHISE AGREEMENT WITH GEORGIA POWER
BY THE CITY OF MILTON, GEORGIA
11) NEW BUSINESS
(Agenda Item No. 06-142)
1. Approval of a Resolution Supporting the 2007 Legislative Agenda.
(Presented by Aaron Bovos, City Manager)
(Agenda Item No. 06-143)
2. Approval of a Tax Anticipation Note (TAN).
(Presented by Carol Wolfe, City Treasurer)
(Agenda Item No. 06-144)
3. Approval of an Intergovernmental Agreement with Fulton County for the provision of
800MHz radio system access.
(Presented by Chris Lagerbloom, Public Safety Director)
MILTON CITY COUNCIL SPECIAL CALLED MEETING AGENDA JANUARY 11, 2007 – 5:30 PM
Page 3 of 3
Milton City Hall
13000 Deerfield Parkway, Building 100
Alpharetta, GA 30004
(Agenda Item No. 06-145)
4. Approval of an Intergovernmental Agreement with Fulton County for the provision of
fire and rescue services.
(Presented by Chris Lagerbloom, Public Safety Director)
(Agenda Item No. 06-146)
5. Approval of an Intergovernmental Agreement with Fulton County for the provision of
police services.
(Presented by Chris Lagerbloom, Public Safety Director)
(Agenda Item No. 06-147)
6. Appointments and Confirmation of the Bike and Pedestrian Path Committee.
(Presented by Aaron Bovos, City Manager)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
1. City Manager Report – Aaron J. Bovos
2. Staff Report on City Council appointing Boards and Commissions – Tom Wilson
3. Sign Ordinance Update – Tom Wilson
4. Discussion on streetlight expenses – Carol Wolfe
(Agenda Item No. 06-148)
14) ADJOURNMENT
THE UNAPPROVED DRAFT OF THE MINUTES
WILL BE DISTRIBUTED ELECTRONICALLY
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Aaron J. Bovos, City Manager
Date: December 28, 2006 for January 11, 2007 City Council Meeting - First Reading and
January 18, 2007 City Council Meeting - Second Reading
Agenda Item: An Ordinance Establishing Noise Control within the City of Milton, Georgia
CMO (City Manager’s Office) Recommendation:
Approve the attached ordinance establishing noise control within the City of Milton, providing for
enforcement, and for other purposes.
Background:
The attached ordinance establishes noise control within the corporate city limits of Milton, and is intended
to regulate, control and abate noises which unreasonably annoy, disturb, injure or endanger the company,
repose, health, peace, safety and welfare of the residents of our community. Absent this ordinance,
Milton officials have a difficult time responding to noise complaints and holding responsible the parties
creating such disturbances.
Municipalities have two methodologies which can be utilized in establishing noise ordinances – the
measurement of noise by decibels and a perceived perception of a noise violation. The City Attorney
recommended the latter approach in the development of the attached document due to enforcement and
potential legal issues with decibel related ordinances. Staff concurred with this recommendation and the
attached ordinance represents this approach.
Discussion:
The ordinance itself has several sections which provide the foundation for establishing and regulating
noise control. Specifically, the sections are as follows:
• Section 1 – Definitions;
• Section 2 – Unreasonable Noises Prohibited;
• Section 3 – Specific Noises Prohibited;
• Section 4 – General Exceptions;
• Section 5 – Application for Variance;
• Section 6 – Article Provisions not Exclusive; and
• Section 7 – Each Incident Deemed Separate Violation.
Once drafted, the ordinance was circulated to the departments which must administer the legislation,
including the City Attorney’s Office, Public Safety (Police), Community Development (Code
Enforcement), and the Municipal Court.
Alternatives: N/A
Concurrent Review: Chris Lagerbloom, Director of Public Safety
Mark Scott, City Attorney
Page 1 of 6
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO. 07-01-_____
AN ORDINANCE ESTABLISHING NOISE CONTROL
WITHIN THE CITY OF MILTON, GEORGIA.
WHEREAS, it is in the interest of the City and its’ citizens to regulate, control and abate
noises which unreasonably annoy, disturb, injure or endanger the company, repose,
health, peace, safety and welfare of the people of the city. This ordinance shall be
construed to effectuate that purpose.
NOW, THEREFORE, COUNCIL OF THE CITY OF MILTON HEREBY
ORDAINS:
Section 1. Definitions
1.0 For the purpose of this ordinance, whenever inconsistent with context,
words used in the present tense include the future tense, words in the
plural include the singular, words in the singular include the plural, and
the use of any gender shall be applicable to all genders whenever the sense
requires. The words “shall” and “will” are mandatory and the word “may”
is permissive. Words not defined in this Section 1 or otherwise in this
ordinance shall be given their common and ordinary meaning.
The following words, term, phrases and their derivations shall, in this
ordinance, have the meaning given in this section.
1.1 “City” means the City of Milton, Georgia, an incorporated municipal
government in Fulton County, State of Georgia. Boundaries defining the
City limits may be changed via ordinances approved by the City Council,
for which any new boundary created shall be subject to this contract.
1.2 “Chief of Police” means the City of Milton Director of Public Safety or
their designee.
1.3 “Community Event” means any event the City of Milton has approved
prior to its occurrence and that is sponsored or attended by a local
organization or group of people.
1.4 “Domestic Power Tool” means a mechanically powered saw, sander, drill,
grinder, pneumatic nail gun, lawn mower, weed eater or edger, lawn or
garden tool, snow blower, leaf blower and all other similar devices that are
used in residential areas for work that is typically done by or for
residential occupants.
Deleted: CITY OF MILTON¶
Deleted: STATE OF GEORGIA¶
Page 2 of 6
1.5 “Construction”, “Street Work”, “Street Repair”, “Drilling” or “Demolition
Tools” or “Equipment” means machine or mechanically powered items
that are typically used on commercial construction projects and involve
more than routine repairs or work on residential property for residential
occupants.
1.6 “Noise-sensitive Unit” means any building, structure, or portion thereof
that has the doors and windows closed and that is used as a church, day
care center, hospital, nursing care center or school, or place of overnight
accommodation, including, but not limited to, individual homes, apartment
and mobile homes.
1.7 “Outdoor activity” means an athletic, entertainment or similar activity.
1.8 “Permit”, “Permitting” or “Permission” means to allow, consent to, or
expressly assent or agree to the doing of an act.
1.9 “Person” means an individual person, association, trust, partnership, firm
or corporation.
1.10 “Plainly Audible” means any sound, the content of which can be clearly
heard by a listener of ordinary hearing capabilities.
Section 2. Unreasonable Noises Prohibited.
No person shall make, assist in making, permit or allow to continue any unreasonable
noise in the City of Milton. A noise is unreasonable when three or more of the following
circumstances exist:
2.1 The noise is made between the hours of 10:00 p.m. and 7:00 a.m.
2.2 The noise is plainly audible within a noise-sensitive unit that is not the
source of the noise.
2.3 The noise is amplified by a machine or object.
2.4 The tone of the noise is abnormally high or low according to the
perception of a listener with normal hearing capabilities.
2.5 The noise remains constant for at least five minutes, or the noise is
repeated at least three times during a thirty minute period.
Section 3. Specific Noises Prohibited
The following acts are presumed unreasonable noises in violation of this article.
Page 3 of 6
3.1 The use, operation or playing or any radio, television, phonograph,
compact disc player, tape player, loudspeaker, musical instrument, or
other similar machine or device that is used for the production of noise
between the hours of 10:00 p.m. and 7:00 a.m. when the noise is plainly
audible within a noise-sensitive unit that is not the source of the noise.
3.2 The loading, unloading, opening, closing or other handling of boxes,
crates, containers, building materials or similar objects between the hours
of 10:00 p.m. and 7:00 a.m. when the noise is plainly audible within a
noise-sensitive unit that is not the source of the noise
3.3 The sounding of any horn or signaling device on any automobile,
motorcycle or other kind of vehicle, except as a sign of danger.
3.4 The use of any automobile, motorcycle or other kind of vehicle in a
manner that creates loud grating, grinding, revving, rattling or other
similar noise.
3.5 The use of exhaust breaks, except when used in an emergency to stop or
slow a vehicle so as to avoid a collision.
3.6 The discharging of exhaust from any steam engine, stationary internal
combustion engine, motor boat, motorcycle or motor vehicle except
through a muffler of other device which will effectively prevent loud or
explosive noises.
3.7 The making of, or assisting with the making of noise in a public park
when the noise is plainly audible within a noise-sensitive unit that is not
the source of the noise.
3.8 The use of construction, street work, street repair, drilling or demolition
tools or equipment during the follow hours: Monday through Friday
before 7:00 a.m. or after 10:00 p.m., Saturdays before 8:00 a.m. or after
7:00 p.m. and Sunday before 10:00 a.m. or after 7:00 p.m.
3.9 The use of domestic power tools during the hours of 10:00 p.m. and 7:00
a.m.
3.10 Noise created by animals when it violates the standards adopted in the
Fulton County animal control ordinance. Enforcement of this subsection
shall be the responsibility of the Milton Police department and the Fulton
County Animal Control, unless otherwise designated by the council.
Section 4. General Exceptions.
The following acts are exceptions to the prohibition in this chapter.
Page 4 of 6
4.1 Noise emanating from aircraft and aircraft operations, railway locomotives
and nonstationary farming equipment.
4.2 Noise created by the normal operation of construction, street work, street
repair, drilling or demolition tools or equipment, provided the
construction, street work, street repair, drilling or demotion work occurs
during the following hours: Monday through Friday 7:00 a.m. to 10:00
p.m., Saturday 8:00 a.m. to 7:00 p.m. or Sunday 10:00 a.m. to 7:00 p.m.
4.3 Noise created by the operation of any domestic power tool, provided that
operation of the domestic power tool occurs during the hours of 7:00 a.m.
and 10:00 p.m.
4.4 Noise created by an animal that does not violate this article.
4.5 Noise that constitutes constitutionally protected speech when the noise
occurs during the hours of 7:00 a.m. and 10:00 p.m. and is not so loud that
it is plainly audible within a noise sensitive unit that is not the source of
the sound.
4.6 It shall be a defense to violation of this article that at the time of the
violation there exists an emergency that compels the person to cause
the noise of sound in question.
Section 5. Application for Variance
Provisions of this article are subject to a variance in accordance with the following:
5.1 The City Manager, or his/her designee, shall decide whether to approve,
approve with conditions, or deny an application for a variance.
5.2 The application for a variance shall be in writing on a form provided by
the city and shall include an application fee in the amount determined by
the City Manager. The applicant shall submit information regarding the
date, time and location of the activity or event that will generate the noise
for which a variance is being sought, the reason the variance is being
requested and any other information requested by the City Manager, or
his/her designee. The application shall not be received until all the
requested information and application fee has been submitted.
5.3 No more than five (5) business days after the date of the application, the
City Manager shall make a decision to approve or deny the application.
The decision shall be based on the information provided in the application
and the results of the City Manager’s investigation, if any. If no decision
shall be made on the application within the five (5) day period, the
variance shall be deemed to be approved. The variance application shall
be approved if the City Manager finds that the following standards are
met:
Page 5 of 6
5.3.1 The benefits of allowing activity or event that will cause
unreasonable noise outweigh the disruption or harm caused
by the unreasonable noise.
5.3.2 The duration and volume of the noise is the minimum
amount necessary to achieve the purpose of engaging the
activity or event that will cause the noise.
5.3.3 The application will minimize the noise that is produced
between the hours of 10:00 p.m. and 7:00 a.m.
5.4 The City Manager shall mail a copy of the decision to the applicant.
5.5 An applicant, or any other individual affected by the proposed
variance, may appeal the City Manager’s decision to the city council.
The appeal must be in writing and filed with the City Manager no
more than three (3) business days after the date the decision was
mailed. Any party filing a writing appeal shall:
5.5.1 Identify themselves as the applicant or interested person.
5.5.2 Include a copy of the decision that is being appealed and
the application or written comments they submitted.
5.5.3 State with specificity the reasons why the decision is being
appealed.
5.5.4 Explain why they believe the decision is inconsistent with
the standards in this section.
5.6 Upon receipt of a timely and complete appeal, the City Manager
shall place the appeal on the next possible city council meeting
agenda and shall mail written notice to appellant, informing them
of the date the city council will consider the appeal.
5.7 At the appeal hearing, the city council shall review the application,
written comments, and written appeal and decide whether to
affirm, reverse or modify the City Manager’s decision. The city
council’s decision shall be reduced to writing and mailing to the
appellant.
Section 6. Article Provisions not exclusive.
This article shall not affect the validity or enforceability of any other state law or city of
Milton ordinance, which is or may in the future be in effect and which related to the
activities regulated by this article.
Page 6 of 6
Section 7. Each Incident Deemed Separate Violation.
Upon citation for violation of this article, the failure of the person to abate the noise shall
result in the issuance of further citation.
Section 8. Ordinances in Conflict.
Any ordinance, policy, or part of an ordinance in conflict with this ordinance shall be
hereby repealed.
THIS ORDINANCE PASSED AND APPROVED on the ___________ day of
__________________________, 2007.
Approved:
______________________________
Joe Lockwood, Mayor
Attest:
_________________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
Approved as to Form and Content:
_____________________________
Mark E. Scott, City Attorney
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Victor C. Jones, PE, Acting Community Services Manager
Date: December 27, 2006 for Submission onto the January 11, 2007 City Council
Meeting
Agenda Item: Approval of Ordinance Regulating Processes associated with Recreation and
Parks, Chapter 8, Recreation and Parks
City Attorney Recommendation:
Adopt the attached ordinance providing for regulation of processes associated with recreation
and parks.
Background:
The City must adopt an ordinance regulating the allowable uses of public parks and the
definition of the roles and responsibilities of the Recreation and Parks Director and the City
Manager with respect to items associated with the allowable uses of public parks.
Discussion:
The Ordinance deals with the roles and responsibilities of the Recreation and Parks Director,
allowable and prohibited activities for public parks, violations and enforcement, and the
processes associated with Special Events.
Alternatives:
There are no reasonable alternatives to adoption of this ordinance.
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
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Comment [CH1]: Has this been
presented previously?
Deleted: This item was presented
during the November 2, 2006
candidates’ forum. ¶
ORDINANCE NO. 07______
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 8, RECREATION AND PARKS,
AND PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA TO BE REFERENCED IN THE
FUTURE AS CHAPTER 8 (RECREATION AND PARKS) AS ATTACHED HERETO AND
INCORPORATED HEREIN; AND FOR OTHER PURPOSES
The Council of the City of Milton hereby ordains while in regular session on the 11th day of January,
2007 at 5:30 pm as follows:
SECTION 1. That the Ordinance relating to Recreation and Parks is hereby adopted and approved; and is
attached hereto as if fully set forth herein; and,
SECTION 2. That this Ordinance shall be designated as Chapter 8 of the Code of Ordinances of the City
of Milton, Georgia; and,
SECTION 3. That this Ordinance shall become effective on ______________.
ORDAINED on this _____ day of January, 2007.
Approved:
______________________________________
Joe Lockwood, Mayor
Attest:
____________________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
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Comment [CH2]: Please confirm time
and date
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Chapter 8: Recreation and Parks
Article 1: Regulation of Public Parks.
Section 1: Applicability.
This section shall apply to all designated municipal public parks, which are defined for
purposes of this article as any park, playground, green space, or place limits of the City to
which the general public has access and a right to frequent, for business, entertainment, or for
other lawful purposes, and which has been either deeded to or dedicated to public use or
ownership. Municipal public parks shall also include the sidewalks abutting any park,
playground, or place above described.
Section 2: Recreation and Parks Director.
(a) The City Manager may appoint a Recreation and Parks Director, or the City may
contract with a third party to perform the duties of a Recreation and Parks Director.
(b) Recreation and Parks Director’s Duties. The Recreation and Parks Director shall:
(i) Implement and support the policies of the Mayor, City Council, and City
Manager;
(ii) Develop, direct, and implement the Recreation and Parks Master Plan at the
direction of the City;
(iii) Determine, prioritize, establish, conduct, construct, and maintain a recreation
and parks system for the City that meets the leisure needs of the citizens,
including but not limited to parks, playgrounds, trails, indoor recreation
centers, programs, activities, and the maintenance and repair of such facilities
and grounds as required
(iv) Recommend the setting aside, leasing, or acquisition of land, buildings and
facilities within the City limits for use as parks, playgrounds, recreation
centers, or for other recreational purposes, and to provide for the maintenance
and improvement of these areas;
(v) Otherwise assist in the operation and enforcement of this Chapter
Section 3: Permitted Park Activities.
(a) The City Manager may recommend a permit application policy and procedure to the
Mayor and Council for non city-sponsored events.
(b) The City Manager shall establish guidelines regarding permitted uses of municipal
parks and related facilities for city-sponsored activities and private events.
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(c) The Recreation and Parks Director shall implement those guidelines.
(d) The Milton Recreation and Parks Department shall schedule the use of all city parks
and facilities for organized activities, programs, assemblages, gatherings, games and
similar activities. No individual or group shall erect any booth or stand or sell any
article or services within the limits of any city park without the written consent of the
director of recreation and parks or his authorized representative. Such consent may
also be given by the City Manager, provided the Recreation and Parks Department is
made aware of the proposed use and it does not conflict with other scheduled
activities.
Section 4: Prohibited Acts in Public Parks.
(a) Alcoholic beverages. It shall be unlawful for any person to possess and/or consume
any alcoholic beverage, or be under the influence of alcoholic, malt and/or vinous
beverage, within any public park and/or within any building or facility under the
supervision of the Milton Recreation and Parks Department unless such usage is
expressly permitted by signage or published rules of the particular park or recreation
building.
(b) Firearms. It shall be unlawful for any person to possess any firearm, air gun or any
explosive substance (including fireworks) in any of the City parks, unless written
permission for such has been authorized by the Mayor and City Council.
(c) Injuring public property. It shall be unlawful for any person to cut, break, mutilate,
deface, or in any other manner destroy or injure any public property, real or personal,
belonging to, owned by, or leased or used by the City.
(d) Killing wildlife. It shall be unlawful for any person to hunt, trap, shoot, maim or kill
any animal or wildlife, or attempt to do any of the above to any animal or wildlife
within any of the City parks without the written permission of the City Manager.
(e) Motor vehicles. It shall be unlawful for any person to drive, operate, and/or park any
motor vehicle, mini-bike, or motorcycle within any City park, except in areas
designated for such use. This section does not apply to City employees or agents of
the city when municipal duties require them to drive over said park and/or to park
their vehicles or equipment at such locations in order to perform City business.
(f) Noises. It shall be unlawful for any person to make any unnecessary, loud noises,
engage in noisy disputes or conversation, engage in any indecent or loud acts of
behavior, or in any other manner disturb the public peace, quiet, and order in any of
the City parks, according to the City’s Noise Ordinance.
(g) Park hours. All City parks shall be closed, and no person shall be authorized to be on
the premises or property of any City park, between the hours of 12:00 midnight and
Comment [CH1]: ewd??
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6:00 a.m., except authorized City employees or persons engaged in activities
authorized by the Recreation and Parks Director, or the City Manager.
(h) Pets. All pets must be on a leash and the owner is responsible for disposal of pet
waste. All pets are prohibited on athletic fields, unless written permission for such has
been authorized by the City Manager or the Recreation and Parks Director.
(i) Permit required. It shall be unlawful for any person to engage in any activity in City
parks which requires a permit and/or a ticket without first obtaining such permit
and/or ticket.
(j) Polluting water in parks. It shall be unlawful for any person to pollute or disturb any
spring, branch, pond, fountain, or other water owned by or leased to the City.
(k) Posting signs. It shall be unlawful for any person to affix any bill, sign, or notice on
any tree, building, or fixture in any of the parks. It shall be unlawful for any person to
place any paper, books, refuse, or trash of any kind in any of the public parks, except
in containers provided for such.
(l) Skateboards. It shall be unlawful for any person to operate a skateboard on any street,
lane, way, road, and/or any parking lot in any park in the City unless otherwise
designated by signage or published rules.
(m) Smoking. It shall be unlawful for a minor to smoke in the park.
(n) Speed limit. It shall be unlawful for any person to operate a motorized vehicle upon
any road within a park in the City at a greater speed than fifteen (15) miles per hour.
(o) Swimming in lakes. It shall be unlawful for any person to swim in or enter any lake at
any park in the City for the purpose of swimming or wading unless a permit for such
has been issued by the Milton Recreation and Parks Department or an authorized
representative, or such person or persons are conducting Recreation Department
business.
(p) Urban camping. It shall be unlawful to reside or to store personal property in any
park owned by the City. Furthermore, it shall be unlawful to use any public place,
including City parks, for permanent living accommodations purposes or camping,
except in areas specifically designated for such use or specifically authorized by
permit.
Section 5: Enforcement.
(a) The Milton Police Department shall have jurisdiction to enforce municipal and state
laws in
City parks.
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Comment [CH2]: Provisions for
special permits?
Page 4 of 7
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Section 6: Violations.
Any person violating any provision of this section and/or concealing a violation of, or
harboring, assisting or protecting a person charged with or convicted of a violation of this
section shall be punished by a fine not to exceed the maximum allowed by State law, either
or both of such fines and imprisonment, or work on the streets, parks, or public works, in the
discretion of the Municipal Court Judge.
Article 2: Special Events.
Section 1: Special Events Defined.
“Special event”, as used in this Article, means:
(a) Any activity which occurs upon private or public property that will significantly
affect the ordinary use of parks, or sidewalks, or access roads.
(b) Special events include, but are not limited to fairs, tours, grand opening celebrations,
arts festivals, concerts and holiday celebrations.
(c) Private social gatherings which will make no use of City streets other than for lawful
access and parking are not included. “Garage sales,” “lawn sales,” “rummage sales,”
or any similar casual sale of tangible personal property are not included.
Section 2: Permit Required.
No person or organization shall conduct a special event without first having obtained a
special event permit from the City of Milton. The Mayor and City Council may issue permits
for special events, which events would otherwise constitute a public nuisance without such
permit.
Section 3: Zoning Compliance
Permits shall be issued in compliance with the Zoning Ordinances and Standards of the City
of Milton.
Section 4: Permit Application.
(a) An application for a special event permit shall be submitted to the Recreation and
Parks Director with a nonrefundable payment of Two-Hundred Fifty Dollars
($250.00) no later than sixty (60) days prior to the proposed event.
(b) Upon written request and submittal of appropriate documentation, the City Manager
may waive or reduce the permit application fee for fundraising for charitable events if
Deleted: $1000.00, by sentence of
imprisonment not exceeding twelve (12)
months, and to community service for a
period not exceeding ninety (90) days
Comment [CH3]: Punctuation
Deleted: ;
Deleted: ,
Deleted: ,
Comment [CH4]: Punctuation
Deleted: s, .
Deleted:
Deleted: Recreation and Parks Director
Deleted: $100.00
Deleted: $100.00 payment
Page 5 of 7
Formatted: Font: 12 pt
he or/she determines that such fee is overly burdensome to the requestor or does not
promote the general welfare of the City.
(c) The following information shall be provided on any permit:
(i) Purpose of the special event;
(ii) Name, address, and telephone number of sponsoring organization and the
individual who is responsible for supervising and directing their proposed
event;
(iii) Proposed date, location, and hours of operation;
(iv) Schedule of proposed events;
(v) Projected attendance at the event, plan for parking, plan for restroom facilities
and sanitation concerns; and
(vi) Any other such information as the Community Services Department or
another City department deems reasonably necessary to determine that the
permit meets the requirements of this Article.
(d) The permit shall not waive the requirements of complying with other sections of this
Code, including, but not limited to, regulations on alcoholic beverages, business
licenses, fire safety, zoning, and signs.
(e) Waiver of Time Limit.
(i) The sixty (60) day time requirement of subsection (a) of this section may be
waived by the City Manager upon written request and submittal of appropriate
documentation that shows clear and compelling need of immediate action.
Among other reasons, ignorance of the permit requirement shall not establish
clear and convincing need.
(ii) Unless expressly provided elsewhere in this Article, no permit shall be issued
for applications submitted less than three (3) days before an event.
Section 5: Denying and Revoking Permits.
(a) Reasons for denial of a special event permit include, but are not limited to the
following:
(i) The event will require the diversion of so many public employees that
allowing the event would unreasonably deny service to the remainder of the
City;
Deleted: thirty
Deleted: 3
Page 6 of 7
Formatted: Font: 12 pt
(ii) The application contains incomplete or false information;
(iii) The applicant fails to comply with all terms of this Article including failure to
remit all fees and deposits or failure to provide proof of insurance, bonds, and
a save harmless agreement to the City;
(iv) The event will last longer than three (3) days.
(v) All permits issued pursuant to this Article shall be temporary and do not vest
any permanent rights. Reasons for revocation of a special events permit
include:
(A) Application contained incomplete or false information;
(B) Applicant does not comply with all terms and conditions of permit;
(C) Applicant fails to arrange for or adequately remit all fees, deposits,
insurance, or bonds to the City;
(D) Disaster, public calamity, change in applicable law, riot, or other
emergency exists.
(b) Revocation and denial of permits may be appealed as provided in this Article.
Section 6: Cost Assessments.
The Recreation and Parks Director shall send copies of special event applications to affected
departments. Each departmental activity required for the special event shall be itemized,
showing hourly rate and total cost. The Operations Department shall determine and calculate
the fee. All costs shall be assessed to the permit applicant in addition to the permit fee.
Section 7: Costs.
(a) Performance Bond.
(i) A performance deposit of One-Hundred Fifty Percent (150%) of the total
estimated costs of the special event to the City shall be remitted to the City
before the special event permit is issued.
(ii) The requirement in subsection (a)(i) above may be waived by the City
Manager, based on specific factual findings, that the performance deposit
would be unduly burdensome or unnecessary given the size of the event or
past history.
(b) Insurance. At the City’s request, the applicant may be required to obtain and present
evidence of a surety indemnity bond or comprehensive liability insurance naming the
Deleted: Unless a permit is issued
pursuant to Section 4(e), t
Deleted: Community Services
Deleted: percent
Page 7 of 7
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City as an additional insured. The insurance requirement is a minimum of
$300,000.00 personal injury per occurrence, and $100,000.00 property damage per
occurrence against all claims arising from permits issued pursuant to this Article. If
the event poses higher risks than covered by such insurance, the applicant shall be
responsible for assessing the risks of the event and obtaining additional insurance
coverage.
(c) Save Harmless Agreement. The applicant is required to provide a save harmless
agreement in which the applicant agrees to defend, pay, and save harmless the City,
its officers, and employees, from any and all claims or lawsuits for personal injury or
property damage arising from or in any way connected to the special event; excepting
any claims arising solely out of the negligent acts of the City, its officers, and
employees.
(d) Cleanup. A special event permit may be issued only after adequate waste disposal
facilities, including, where necessary, portable toilets, have been identified and
obtained by the applicant. The applicant will clean public property of rubbish and
debris, returning it to its pre-event condition, within twenty-four (24) hours of the
conclusion of the event. If the applicant fails to clean up such refuse, such clean up
shall be arranged by the City and the costs charged to the applicant.
(e) Waivers. Upon written request and submittal of appropriate documentation, the City
Manager may waive the bond requirement if he or she determines that such fee is
overly burdensome, unlawfully burdens speech, or does not promote the general
welfare of the City.
(f) Immunities.
(i) This section shall not be construed as a waiver of any immunity to which the
City is entitled.
(ii) This Article shall not be construed as imposing upon the City or its officials or
employees or agents any liability or responsibility for any injury or damage to
any person in any way connected to the use for which permit has been issued.
The City and its officials and employees and agents shall not be deemed to
have assumed any liability or responsibility by reasons of inspections
performed, the issuance of any permit, or the approval of any use of public
property.
Section 9: Violations.
Violations of this Article shall be punishable in accordance with Chapter 1, Article 3, Section
1 of this Article.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Aaron J. Bovos, City Manager
Date: December 27, 2006 for January 11, 2007 City Council Meeting
Agenda Item: An Ordinance Adopting Amended Rules and Procedures for the City Council Meetings
and Public Hearings for the City of Milton, Georgia
CMO (City Manager’s Office) Recommendation:
Approve the attached ordinance adopting the Rules and Procedures of public meetings held by the City of
Milton, providing for an orderly process of conducting business, and for other purposes.
Background:
Governments traditionally adopt Rules of Procedure, or operation standards and protocol which facilitate
the orderly conduct of public meetings. Such documents outline how meetings will be conducted and
stand as the backbone for staff and elected officials to refer to in one of the most critical functions of any
government – soliciting public input and conducting public meetings.
The attached Rules of Procedure were drafted after consulting with Title 50, Chapter 14 of the Official
Code of Georgia Annotated as well as the City’s Charter – House Bill 1470. The rules and procedures
were first adopted and put into place by Milton on November 21, 2006, after the second reading of the
ordinance occurred.
Discussion:
Amendments to the originally approved rules and procedures are recommended and annotated in Section
12, Meetings Other Than Regular Meetings. Specifically, sub paragraph (d), Work Sessions, was added,
which reads as follows:
(d) Work Sessions. Meetings to discuss City business where no formal votes are taken
shall be scheduled in regular intervals to facilitate discussion on important topics. Work
Sessions shall be held at 5:30 p.m. on the second Thursday of each month. All work
session meetings shall be held at City Hall in the Mayor and Council meeting room. A
notice containing the foregoing information shall be posted and maintained in a
conspicuous place available to the general public at the regular meeting place of the city
council. Public input at work sessions will not be allowed unless specifically requested
by the Mayor.
The addition of sub paragraph (d) will facilitate the scheduling of monthly work sessions. At these work
sessions elected officials and staff will have the ability to have interactions on items of interest or high
priority for the government. These items will not require a vote and therefore no public input will be
taken, unless specifically requested by the Mayor. Such items include discussions on comprehensive
plans, goals and objectives for specific city activities, updates on functional areas of the organization, etc.
If approved, staff will begin to formulate a comprehensive list of topics which need to be scheduled for
upcoming work sessions. Such list will be prioritized and meetings will be scheduled accordingly.
Alternatives: N/A
Concurrent Review: N/A
STATE OF GEORGIA ORDINANCE NO. 07-______
COUNTY OF FULTON
A ORDINANCE ADOPTING AND AMENDING RULES AND PROCEDURES FOR THE
CITY COUNCIL MEETINGS AND PUBLIC HEARINGS FOR THE
CITY OF MILTON, GEORGIA; AND FOR OTHER PURPOSES
The Council of the City of Milton hereby ordains while in regular session on the ______day of
January, 2007 at 5:30 p.m.:
SECTION 1. That the Rules of Procedures for the City Council Meetings and Public
Hearings adopted on November 21, 2006 are amended and attached hereto as if fully set
forth herein; and,
SECTION 2. That the first presentation of this Ordinance was on January 11, 2007; and
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the ____ day of January, 2006.
Approved:
_________________________________
Joe Lockwood, Mayor
Attest:
___________________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
RULES AND PROCEDURES FOR THE
CITY COUNCIL MEETINGS AND
PUBLIC HEARINGS
Section 1. Open Meetings. All meetings of the Mayor and City Council shall be held in
accordance with the provisions of Title 50, Chapter 14 of the Official Code of Georgia
Annotated. The public shall at all times be afforded access to all meetings other than executive
sessions.
Section 2. Executive Sessions. Executive sessions of the council may be held for the purpose
of discussing topics exempted from public access requirements by Title 50, Chapter 14 of the
Official Code of Georgia Annotated. Any portion of the meeting not subject to any such
exemptions shall be open to the public.
(a) Non-Exempt Topics. If a council member attempts to discuss a non-exempt topic
during an executive session, the mayor, city manager, or city clerk shall immediately rule
that council member out of order and such discussion shall cease. If the council member
persists in discussing the non-exempt topic, the mayor shall adjourn the meeting
immediately.
(b) Procedure For Entering Into Executive Sessions. No executive session shall be
held except pursuant to a majority affirmative vote of the city council taken in a public
meeting. The minutes of the public meeting shall reflect the names of the council
members present, those voting for the executive session, and the specific reasons for the
executive session. All votes taken on items discussed in executive session shall be taken
in an open meeting.
(c) Executive Session Minutes.
(1) Executive Sessions Discussing Real Estate Acquisition. Minutes of an
executive session in which the acquisition of real estate is discussed shall be taken
in the same manner as minutes of an open meeting (Section 21 of this document)
and available for public inspection except that any portion of the minutes
identifying the real estate shall be redacted until such time as the action for
acquisition of the real estate is taken, or decision is reached that the proposed
acquisition is to be terminated, abandoned or until court actions are to be initiated
through the use of condemnation proceedings.
(2) Other Executive Sessions. Minutes of executive sessions devoted to any topic
other than land acquisition may be maintained by the clerk at the direction of the
mayor. Any such minutes shall be maintained in a confidential file and shall not be
subject to disclosure, except that disclosure of such portions of minutes identifying
real estate to be acquired by the city council may only be delayed until such time as
Page 1 of 7
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
the acquisition of the real estate has been completed, terminated, or abandoned or
court proceedings have been initiated.
(d) Mayor or Presiding Officer Affidavit. The mayor or other presiding officer shall
execute an affidavit stating, under oath, that the executive session was devoted to topics
exempt from the public access requirements. The affidavit shall include the specific
exemption to the open meetings law. The affidavit shall be notarized and filed with the
minutes of the open meeting.
[Cross Reference: O.C.G.A. §§ 50-14-2, 5-14-3 and 50-14-4]
Section 3. Visual and Sound Recordings. Visual, sound, and visual and sound recordings
shall be permitted for all public hearings.
[Cross-reference: O.C.G.A. § 50-14-1(c)]
Section 4. Quorum. A quorum must be present for conducting meetings of the city council. A
quorum is four (4) members of the city council, including the Mayor. It is the duty of the mayor
or presiding officer to enforce this rule. Any council member may raise a point of order directed
to the mayor or presiding officer if he or she believes that a quorum is not present. If, during the
course of a meeting, a council member or council members leave and a quorum no longer exists,
the meeting may not continue. If a quorum is not attained within thirty minutes, the meeting
may be rescheduled by the mayor or presiding officer with the approval of the council members
present.
Section 5. Mayor. The presiding officer of the city council shall be the mayor. As presiding
officer, he or she is responsible for the orderly conduct of the meeting. In order to fulfill this
duty, the mayor shall enforce the rules of procedure that are adopted by the city council. The
mayor shall be impartial and conduct the meetings in a fair manner. The mayor may introduce
motions and second motions, including a motion or second to go into executive session as
authorized by Section 2 of this ordinance. The mayor shall be a voting member of the elected
body.
Section 6. Mayor Pro-Tempore. The council shall select a mayor pro-tempore from the
council members at the first meeting of the calendar year following each election, provided no
runoff election is required. In the event a runoff election is required, a mayor pro-tempore shall
be selected at the first meeting after a full mayor and city council are seated. The mayor pro-tem
shall fulfill the duties of the mayor if the mayor is not in attendance.
Section 7. Presiding Officer. If the mayor and the mayor pro-tem are absent or otherwise
unable to serve as presiding officer at a meeting and a quorum of council members are present,
the remaining council members shall select a council member to serve as presiding officer of the
meeting until either the mayor or mayor pro-tem is present at the meeting.
Section 8. Parliamentarian. The city attorney shall serve as the parliamentarian for city
council meetings.
Page 2 of 7
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Section 9. Amendments to the Rules. Any amendments to the rules of order shall be
submitted by a council member in writing to the city manager three business days before a
regular meeting of the city council. The proposed amendment shall be included in the agenda for
that meeting and distributed to all council members. All amendments require a majority vote of
the council to be adopted.
Section 10. Suspending the Rules of Order. Rules of order may be suspended in the case of
an emergency. A motion to suspend the rules requires a second, is debatable, and requires
unanimous approval of the council. Rules governing quorums (Section 4), voting methods and
requirements (Section 17 and Section 18), the notification to council members of meetings
(Section 12(a) and (b)) and rules necessary for compliance with state law may not be suspended;
provided, however, that, in the event that a state of emergency is declared by the Governor or
other authorized state official, the city council may waive time-consuming procedures and
formalities imposed by state law.
[Cross-reference: O.C.G.A. § 38-3-54]
Section 11. Regular Meetings. Regular meetings of the city council shall be held at 5:30 p.m.
on the first and third Thursday of each month. All regular meetings shall be held at City Hall in
the Mayor and Council meeting room. A notice containing the foregoing information shall be
posted and maintained in a conspicuous place available to the general public at the regular
meeting place of the city council.
[Cross-reference: O.C.G. A. § 50-14-1(d)]
Section 12. Meetings Other Than Regular Meetings. The city council may meet at times and
locations other than those regularly scheduled meetings.
(a) Special Meetings and Rescheduled Regular Meetings. A regular meeting may be
canceled, rescheduled, recessed or moved to a new location within the city site by the
mayor and city council for any reason. Other special meetings may be scheduled by the
mayor or at the request of at least three (4) council members. Whenever a rescheduled
regular meeting or any other special meeting is to be held at a time or place other than the
regularly scheduled time or place, written notice of the change shall be posted for at least
24 hours at the regular meeting place. In addition, written or oral notice shall be given by
the clerk at least 24 hours in advance of the meeting to the legal organ of the city, as well
as to each member of the city governing authority.
[Cross-reference: O.C.G.A. § 50-14-1(d)]
(b) Meetings With Less Than 24 Hours Notice. When emergency circumstances occur,
the city council may hold a meeting with less than 24 hours notice to the public. When
such meetings are to be held, the clerk shall provide notice to the legal organ of the city
and to each member of the city governing authority as soon as possible. The notice shall
include the subjects expected to be considered at the meeting. In addition, the minutes
Page 3 of 7
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
shall reflect the reason for the emergency meeting and the nature of the notice given to
the media.
[Cross-reference: O.C.G.A. § 50-14-1-(d)]
(c) Meetings During a State of Emergency. When it is imprudent, inexpedient or
impossible to hold city council meetings at the regular meeting place due to emergency or
disaster resulting from manmade or natural causes, as declared by the Governor or other
authorized state official, the city council may meet anywhere within or outside of the city.
Such a meeting may be called by the mayor or by any three (3) council members. At the
meeting, the council members shall establish and designate emergency temporary
meeting locations where public business may be transacted during the emergency. Any
action taken in such meetings shall have the same effect as if performed at the regular
meeting site.
[Cross reference: O.C.G.A. §§ 50-14-1(d), 38-3-54, 38-3-55]
(d) Work Sessions. Meetings to discuss City business where no formal votes are taken
shall be scheduled in regular intervals to facilitate discussion on important topics. Work
Sessions shall be held at 5:30 p.m. on the second Thursday of each month. All work
session meetings shall be held at City Hall in the Mayor and Council meeting room. A
notice containing the foregoing information shall be posted and maintained in a
conspicuous place available to the general public at the regular meeting place of the city
council. Public input at work sessions will not be allowed unless specifically requested
by the Mayor.
Section 13. Order of Business. All regular city council meetings shall substantially follow an
established order of business. The order shall be as follows:
1. Call to Order
2. Roll Call
4. Pledge of Allegiance
5. Approval of Meeting Agenda
6. Consent Agenda
7. Reports and Presentations
8. Zoning Agenda
9. First Presentation
10. Unfinished Business
11. New Business
12. Mayor and Council Reports
13. Staff Reports
14. Public Comment
15. Adjournment
Section 14. Agenda. The city manager and city clerk shall prepare an agenda of subjects to be
acted on for each meeting. Work session topics and council agenda items shall be submitted
Page 4 of 7
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
consistent with the attached process. The agenda shall be made available to the city council at
least one business day before every city council meeting.
(a) Requests For Agenda Items. Members of the public may request that a particular
subject be placed on the agenda for a meeting. To be considered, this request shall be
submitted in writing to the city manager or city clerk.
(b) Changing The Agenda. The order of the agenda may be changed during a meeting
by a majority vote of the city council. A new item may be added to the agenda by a
majority vote of the city council only if it becomes necessary to address the item during
the meeting. An existing item may be removed from the agenda by the majority vote of
the city council.
(c) Agenda Must Be Made Public. The agenda of all matters to come before the city
council shall be made available to the public upon request and shall be posted at the
meeting site as far in advance as reasonably possible, but not more than two weeks prior
to the meeting. Not less than 24 hours prior to the start of the meeting.
[Cross-reference: O.C.G.A. §§ 50-14-1(e)(1) and 36-66-4]
Section 15. Consent Agenda. A consent agenda may be prepared by the city manager for the
city council to adopt motions on routine items. Any items of business that are expected to
receive unanimous approval without debate may be placed on a consent agenda. At the
appropriate time of the meeting, all of the items on the consent agenda shall be read into public
record. If a council member objects to an item being on the consent agenda, the council member
shall direct the move of that particular item to the regular agenda through a motion, second, and
majority vote. Following the reading of the consent agenda, the mayor may ask for approval of
the items on the consent agenda. If there are no objections, all the items on the consent agenda
shall be approved by a majority vote of the city council.
Section 16. Decorum. All council members shall conduct themselves in a professional and
respectful manner. Personal remarks are inappropriate and may be ruled out of order. A council
member may not speak at a meeting until he or she has been recognized by the mayor. All
comments made by a council member shall address the motion that is being discussed. The
mayor shall enforce these rules of decorum. If a council member believes that a rule has been
broken, he or she may raise a point of order. A second is not required. The mayor may rule on
the question or may allow the city council to debate the issue and decide by majority vote.
Section 17. Voting. Passage of a motion shall require the affirmative vote of a majority of those
voting at which a quorum is present. Unless otherwise specified in the charter as it pertains to
voting by the Mayor, a majority shall mean at least four of the council members present
(including mayor).
Section 18. Abstentions. A council member shall vote on all motions unless he or she has a
conflict of interest preventing him or her from making a decision in a fair and legal manner. If a
Page 5 of 7
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
conflict of interest does exist, the council member shall explain for the record his or her decision
to abstain on any vote.
Section 19. Public Participation. Public participation in meetings of the city council shall be
permitted in accordance with the provisions of this section.
(a) Public Comments. The final agenda item of the meeting shall be reserved for
comments from the public. All members of the public wishing to address the city council
shall submit their name and the topic of their comments to the city clerk prior to the start
of any meeting held by the city council; provided, however, that if the applicants of
rezoning actions or individual who wish to oppose a rezoning action has contributed
more than $250 to the campaign of a council member who will consider the application,
the individual shall file a campaign disclosure form as required by O.C.G.A. § 36-67A-
3(c) at least five calendar days prior to the first hearing by the city council. Individuals
may be allotted five minutes to make their comments and those comments shall be
limited to their chosen topic. These limits may be waived by a majority vote of the city
council.
[Cross-reference: O.C.G.A. § 36-67A-3]
(b) Public Participation on Agenda Items. The city council may allow public comment
on an agenda item at the time the item is being considered by the city council. These
comments shall be limited to the subject that is being debated. Members of the public
may speak for five minutes and may speak only once. These limits may be waived by a
majority vote of the city council. Anyone wishing to speak at any city council meeting
must be recognized by the mayor before addressing the city council.
(c) Decorum. Members of the public shall not make inappropriate or offensive
comments at a city council meeting and are expected to comply with the rules of decorum
that are established for council members. Individuals violating any rules of the city
council may be ruled out of order by the mayor or on a point of order made by a council
member. A majority vote of the city council shall rule on the point of order. An
individual violating the rules of decorum may be removed from the meeting at the
direction of the mayor.
(d) Public Hearings. The city council may schedule public hearings for the purpose of
soliciting public comment on any subject of interest to the city council. Hearings may be
held immediately prior to, during or following a meeting of the city council or at such
other places and times as the city council may determine. Hearings require at least 10
minutes per side. These limits may be waived by a majority vote of the City Council. No
official action shall be taken at any such public hearing. Hearings on zoning decisions
shall be governed in accordance with the zoning policies and procedures.
[Cross-reference: O.C.G.A. §§ 36-66-4 and 36-66-5]
Page 6 of 7
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Section 20. Meeting Summary. A summary of the subjects acted upon in a meeting and the
names of the council members present at a meeting shall be written and made available to the
public for inspection within two business days of the adjournment of the meeting.
[Cross-reference: O.C.G.A. § 50-14-1(e)(2)]
Section 21. Minutes. The clerk of the city council shall promptly record the minutes for each
city council meeting. The minutes shall specify the names of council members present at the
meeting, a description of each motion or other proposal made at the meeting, the name of the
council member who proposed each motion, the name of the council member who seconded each
motion, and a record of all votes (the name of each council member voting for or against a
proposal shall be recorded). More detailed information may be included in the minutes at the
request of the city council.
The city council shall approve the minutes before they may be considered as an official record of
the city council. The minutes shall be open for public inspection once approved as official by the
city council but in no case later than immediately following the next regular meeting of the city
council. A copy of the minutes from the previous meeting shall be distributed to the city council
at least one business day before the following meeting. The minutes of the previous meeting
shall be corrected, if necessary, and approved by the city council at the beginning of each
meeting. A majority vote is required for approval. Conflicts regarding the content of the
minutes shall be decided by a majority vote. Upon being approved, the minutes shall be signed
by the mayor and attested to by the clerk of the city council.
[Cross-reference: O.C.G.A. § 50-14-1(e)(2)]
Section 22. Roberts Rules of Order. This document shall serve as the rules and procedures of
the Mayor and City Council. In the absence of applicable rules and procedures which may from
time to time be encountered during the public meetings, Roberts Rules of Order shall be
followed.
Page 7 of 7
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Jeanette Marchiafava, City Clerk/Clerk of Court
Date: December 12, 2006 for Submission onto the December 21, 2006 Regular City Council Meeting
for First Presentation and Second Reading onto the January 11, 2007 Regular City Council
Meeting
Agenda Item: An Ordinance Adopting an Open Records Policy
CMO (City Manager’s Office) Recommendation:
Approve the Ordinance adopting an Open Records Policy for the City of Milton, Georgia.
Background:
The City of Milton is committed to conducting City business in a manner that complies with all legal
requirements, fosters citizen confidence in City government, and promotes efficient and effective
government operations.
Discussion:
Requests for public records is defined in O.C.G.A. 50-18-70 through 77 called the Georgia Open Records
Act that establishes the right of every citizen to inspect and take a copy of all records except those
specifically exempt from being open. This policy outlines guidelines for those requests to include
ownership of public records, which are records created and acquired by an employee of the City of Milton
in the course of conducting government business and are the property of the City of Milton and of the
State of Georgia.
This policy addresses the release of information procedures. Formal requests for information should be
made in writing to the City Clerk. Pursuant to O.C.G.A. 50-18-70, if an individual has the right to
inspect a record, he/she also has the right to make extracts or to make copies of the records under the
supervision of the custodian of the records. Mayor and Council approved the retrieval fees for these
requests in the recently adopted budget.
There are several types of exempted documents that are not subject to disclosure that are defined in
O.C.G.A. 50-18-72 and the exempted documents are listed in the attached policy.
Alternatives: N/A
Concurrent Review:
Aaron J. Bovos, City Manager
Page 1 of 1
Page 1 of 1
ORDINANCE NO. ______
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT AND APPROVE THE OPEN RECORDS POLICY FOR THE CITY
OF MILTON, GEORGIA; TO PROVIDE FOR GUIDANCE IN ADMINISTERING SUCH POLICY;
AND FOR OTHER PURPOSES
The Council of the City of Milton hereby ordains while in regular session on the 11th day of January, 2007
at 5:30 p.m.:
WHEREAS, it is necessary, from time to time, to establish policies and procedures consistent with the
administration of a municipal government in alignment with federal, state, and local regulations; and
WHEREAS, the City Clerk’s office has comprehensively developed the Open Records Policy to provide
guidance and direction to City officials and City employees, to establish standard policies for recurring
matters, to establish strong internal controls and legal compliance, and to provide for an efficient and effective
means to serve constituents; and
WHEREAS, upon adoption, staff will incorporate the Open Records Policy into the City’s management
program and effectuate the management of documents; and
WHEREAS, the City intends to utilize these policies and procedures in all open records requests.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS:
SECTION 1. That the Ordinance relating to the Open Records Policy is hereby adopted and
approved; and is attached hereto as if fully set forth herein; and,
SECTION 2. That this Ordinance shall be designated as the Open Records Policy of the City of
Milton, Georgia; and,
SECTION 3. That staff is hereby directed to develop operating procedures and practices consistent
with the nature and scope of the policy attached hereto; and
SECTION 4. This Ordinance shall be effective immediately after adoption.
ORDAINED this ______day of ________________, 2007.
Approved:
________________________________
Joe Lockwood, Mayor
Attest:
_________________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
CITY OF MILTON OPEN RECORDS POLICY
Purpose I
Policy II
Public Records III
Ownership of Public Records IV
Release of Information Procedures V
Inspection of Records; fees; costs VI
Exemptions VII
I. PURPOSE - The purpose of this policy is to provide procedures for open records
requests.
II. POLICY - The City of Milton is committed to conducting City business in a
manner that complies with all legal requirements, fosters citizen confidence in City
government, and promotes efficient and effective governmental operations. The
City recognizes the importance of communicating information to citizens and other
interested parties and will cooperate in supplying requested information which is
considered a matter of public record.
III. PUBLIC RECORDS - O.C.G.A. 50-18-70 (a) defines a public record as all
documents, papers, letters, maps, books, tapes, photographs, computer based or
generated information, or similar material prepared and maintained or received in
the course of the operation of a public office or agency. Public records shall also
mean such items received or maintained by a private person or entity on behalf of a
public office or agency that are not otherwise subject to protection for disclosure.
O.C.G.A. 50-18-70 through 77, called the Georgia Open Records Act, establishes
the right of every citizen to inspect and take a copy of all records except those
specifically exempt from being open. When an agency receives a record request
under the Open Records Act, it must comply with guidelines established in the
law:
• The agency has three business days from the date of the request to
determine if the requested records are open or closed.
• If the records are closed, the agency must respond in writing specifying
the legal authority for restricting access to the records.
• Otherwise, the records are to be provided within the three-day period or a
plan for providing access to the records provided to the requester.
IV. OWNERSHIP OF PUBLIC RECORDS – Records created and acquired by an
employee of the City of Milton in the course of conducting government business are
the property of the City of Milton and of the State of Georgia. Persons who create
or acquire custody or possession of official records by virtue of their positions do
not necessarily attain a proprietary interest in these records. City of Milton records
are public records under the law and belong to the government rather than the
employee. All City employees are responsible for reporting any actual or
Open Records Policy Page 1 of 5 Office of City Clerk
threatened loss or removal of records to the City Clerk, City Attorney, City
Manager, or Department Head.
V. RELEASE OF INFORMATION PROCEDURES - Formal requests for
information under the Public Records Act pursuant to O.C.G.A. § 50-18-70 should
be made in writing to the City Clerk. The City Clerk may accept requester’s formal
written request or shall provide an Open Records Request Form to the person
making the request, which must be completed and returned to the City Clerk for
further action. Informal requests may be made verbally. The public will not need to
make a formal request for copies or viewing of routine ordinances, resolutions,
agendas, maps, and minutes. Upon receipt of request, the City Clerk will notify the
appropriate Department Head/Director by Form ORR-1 for retrieval of information.
When the requested information is compiled, all information along with Form
ORR-1, reflecting attorney review and approval, approval by Department
Head/Director and an estimate of costs and time, will be submitted to the City
Clerk. (See Form ORR-1) The City Clerk will certify information, issue invoice,
and notify requester to make arrangements for submittal of information.
Exception: Standardized and routine open records requests such as accident,
incident, and miscellaneous reports and general research and analysis requests
from the Police and Fire Departments will be received and handled by the
Police and Fire Departments. Also, open record requests pertaining to municipal
court dispositions will be handled by the Clerk of Court.
Whenever either type of request is received, the Department Head/Director or
designated person responsible for control of that information should ensure that
the information is provided as quickly as possible. Within 48 hours the City
Clerk will be advised of requests, which cannot be available to the requester
within three (3) business days from the date of receipt. The advisory will
include a description of the records requested and a timetable for availability.
The City Clerk will provide a written notification of this information to the
requester within 24 hours. In no event shall more than three (3) business days
lapse before a written timetable of inspection is provided to the requester from
the City Clerk or the information is provided to the requester by the appropriate
Department Head/Director.
Exceptions to the Open Records law are provided below. If there is a question
as to whether or not information requested is subject to the Open Records law,
the Department Head/Director shall immediately contact the City Clerk. In all
cases, the City Attorney shall make the final decision if information is to be
withheld and will provide a written response citing the appropriate code
section, which exempts the records from being released.
VI. INSPECTION OF RECORDS; FEES, COSTS – Pursuant to O.C.G.A. § 50-18-
70, if an individual has the right to inspect a record, he/she also has the right to
make extracts or to make copies of the records under the supervision of the
Open Records Policy Page 2 of 5 Office of City Clerk
custodian of the records. If information is to be released, the requester will be
allowed access, during normal business hours, to the documents containing the
requested information. Departments should decide what hours to make documents
available and monitor and supervise the inspection of approved records.
City of Milton employees do not have to prepare reports, summaries or
compilations of public records not in existence at the time of the request.
Copies must be furnished, if requested, at a charge of $.25 cents per page. A
written response to all formal requests must be prepared indicating the time and
place the records may be inspected and the approximate cost involved. A fee
may be charged for research, retrieval, monitoring, and other direct
administrative costs involved with the request, after the first fifteen (15) minutes
of employee time expended. This fee should represent the salary of the lowest
paid full-time employee who possesses the necessary skill and training to
perform the request.
Additional fees may be charged for other relevant information (e.g.
comprehensive plans, manuals, zoning and municipal ordinances, CDs) in
accordance to the adopted citywide fee schedules.
Redaction of Information: Many documents/materials are exempted from
release in their entirety and these items may be completely removed from the
record. Other documents/materials contain only specific information, which is
exempted from release. In these instances, a photocopy of the document will be
made and the specific exempted information will be blacked out with a heavy
ink marker or through electronic means. The document photocopy will then be
recopied to insure it cannot be read.
VII. EXEMPTIONS
Types of exempted documents that are not subject to disclosure are defined in
O.C.G.A. 50-18-72. (In all cases, the City Attorney shall make the final decision
if information is to be withheld and will provide a written response citing the
appropriate code section, which exempts the records from being released)
These are a few types of exempted documents:
1. Any record required by the federal government to be kept confidential.
2. An individual’s social security number and insurance or medical information in
personnel records, which may be redacted from such records (Pursuant to
O.C.G.A. 50-18-72, 11.1)
3. Medical files
Open Records Policy Page 3 of 5 Office of City Clerk
4. Records compiled for law enforcement or prosecution purposes to the extent that
production of such records would disclose the identity of a confidential source,
disclose confidential investigative or prosecution material, which would
endanger the life or physical safety of any person or persons, or disclose the
existence of a confidential surveillance or investigation.
5. Records of law enforcement prosecution, or regulatory agencies in any pending
investigation or prosecution of criminal or unlawful activity, other than initial
police arrest reports, accident reports, and incident reports; provided, however,
that an investigation or prosecution shall no longer be deemed to be pending
when all direct litigation involving said investigation and prosecution has
become final or otherwise terminated.
6. Records that consist of confidential evaluations submitted to, or examinations
prepared by, a governmental agency and prepared in connection with the
appointment or hiring of a public officer or employee, and records consisting of
material obtained in investigations related to the suspension, firing, or
investigation of complaints against public officers or employees until ten days
after the same has been presented to the agency or an officer for action or the
investigation is otherwise concluded or terminated, provided that this paragraph
shall not be interpreted to make such investigatory records privileged.
6. Real estate appraisals, engineering or feasibility estimates, or other records made
relative to the acquisition of real property until such time as the property has
been acquired or the proposed transition has been terminated or abandoned.
7. Those portions of records which would identify persons applying for or under
consideration for employment or appointment as executive head of an agency
(“agency” is defined as a department, commission, board or authority, not just
the city government); provided, however, that at least 14 calendar days prior to
the meeting at which final action or vote is to be taken on the position, the
agency shall release all documents which came into its possession with respect
to as many as three persons under consideration whom the agency has
determined to be the best qualified for the position and from among whom the
agency intends to fill the position. Prior to the release of these documents, an
agency may allow such a person to decline from being considered further for the
position rather than have the documents pertaining to the person released. If the
agency has conducted its hiring or appointment process open to the public, it
shall not be required to delay 14 days prior to taking final action. The agency
shall not be required to release such records with respect to other applicants or
persons under consideration. Upon request, the agency shall furnish the number
of applicants and the composition of the list by such factors as race and sex.
8. Records that would reveal the home address or telephone number, social security
number, or insurance or medical information of law enforcement officers, or
judges or identification of immediate family members or dependents thereof.
Open Records Policy Page 4 of 5 Office of City Clerk
9. Portions of personnel files that include medical records, evaluations and exams,
and materials obtained to investigate disciplinary action until 10 days after issue
is resolved.
10. Documents concerning ongoing criminal investigations, the informants and, in
exceptional cases, names of complainants other than the initial arrest reports,
accident reports and incident reports.
11. Names or addresses of juvenile offenders.
12. Real Estate documents pending acquisition.
Open Records Policy Page 5 of 5 Office of City Clerk
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Aaron J. Bovos, City Manager
Date: December 13, 2006 for December 21, 2006 Regular City Council Meeting and onto the
January 11, 2007 Special Meeting
Agenda Item: An Ordinance Granting a Franchise Agreement with Georgia Power for Utility
Services
CMO (City Manager’s Office) Recommendation:
Approve the attached ordinance granting a franchise agreement to Georgia Power for a period
of thirty five (35) years; and for other purposes.
Background:
House bill 1470 outlines the City’s Charter, and provides in Section 1.12, Municipal Powers,
paragraph (b), subsection (23) the following:
Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of
public utilities, including, but not limited to, a system of waterworks, sewers, and drains,
sewage disposal, gas works, electric plants, transportation facilities, public airports, and
any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments,
regulations, and penalties therefore; and to provide for the withdrawal of service for
refusal or failure to pay the same; and to authorize the extension of water, sewerage,
and electrical distribution systems, and all necessary appurtenances by which said
utilities are distributed, inside and outside the corporate limits of the city; and to provide
utility services to persons, firms, and corporations inside and outside the corporate limits
of the city as provided by ordinance;
Because the City of Milton has existing infrastructure from utility companies already in place, the
service delivery strategy for such utilities and staff’s recommendation is to maintain the ability of
the utility systems to operate within the corporate city limits. As a result, an ordinance granting
Georgia Power the ability to use and occupy the City’s right of way has been placed on the
agenda and is recommended for approval. As detailed below, this ordinance will provide the
ability for the City to be reimbursed for the use of such right of way and maintenance.
On average, franchise revenues comprise 8.51% of revenues for Georgia cities. Milton’s
dependence upon this revenue source is somewhat higher, at 10.27%. Based upon case law,
these fees, if passed onto the customer, are not deemed a tax, but rather a charge for service
based upon the nature of the agreement.
Discussion:
Franchise agreements provide a method in which the City can recuperate expenses associated
with providing and maintaining infrastructure and rights of way for utility providers to deliver
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
services. These agreements are negotiated on an industry type basis and require continuity
across the specific utility sector, i.e. all electric providers must have similar agreements.
Specific details on the Georgia Power agreement are as follows:
• Term: thirty-five (35) years;
• Payment frequency: annually;
• Fee: 4% on gross sales of electric energy;
• Status: Not shown on customer bill
• Effective Date: December 1, 2006
The Mayor and City Council adopted a franchise agreement for Georgia Power on November
21, 2006. This agreement contained language which provided Georgia Power to remit quarterly
payments to the City. Georgia Power has denied that agreement. Their organization does not
provide any means or mechanisms to provide quarterly payments to any government and
despite our cash flow challenges in our first years of incorporation, they are unwilling to accept a
quarterly fee arrangement. As a result, we have scheduled this agenda item with a revised
document providing for annual payments. Georgia Power has agreed to pay all fees collected
during the month of December 2006 in January 2007, along with a second payment in March for
an estimated 25% of the annual fees in advance.
Alternatives: N/A
Concurrent Review:
Carol Wolfe, SPHR, CGFM, City Treasurer and Director of Operations
ORDINANCE GRANTING FRANCHISE
To
GEORGIA POWER COMPANY
By
CITY OF MILTON
On
______________________________, 20____
The within franchise accepted on
__________________________, 20____.
GEORGIA POWER COMPANY
By:_______________________________
President
1678675.01
ORDINANCE GRANTING PERMISSION AND CONSENT to Georgia Power Company, a
Georgia corporation, to occupy the streets and public places of the City of Milton, Georgia, a municipality
and political subdivision of the State of Georgia, in constructing, maintaining, operating, and extending
poles, lines, cables, equipment, and other apparatus for transmitting and distributing electricity and for
other purposes.
SECTION I. The Council of the City of Milton (hereinafter referred to as the "City") hereby
ordains that the authority, right, permission, and consent are hereby granted to Georgia Power Company
and its successors, lessees, and assigns (hereinafter referred to collectively as the "Company"), for a
period of thirty-five (35) years from the date of the Company's acceptance hereof, to occupy and use the
streets, alleys, and public places of the City within the present and future corporate limits of the City as
from time to time the Company may deem proper or necessary for the overhead or underground
construction, maintenance, operation, and extension of poles, towers, lines, wires, cables, conduits,
insulators, transformers, appliances, equipment, connections, and other apparatus (hereinafter referred to
collectively as the "Company's Facilities") for the business and purpose of transmitting, conveying,
conducting, using, supplying, and distributing electricity for light, heat, power, and other purposes for
which electric current may be or become useful or practicable for public or private use, and to re-enter
upon such streets, alleys, and public places from time to time as the Company may deem proper or
necessary to perform these functions, and to cut and trim trees and shrubbery when and where necessary,
in the judgment of the Company, to insure safe and efficient service.
SECTION II. Be it further ordained that the rights, permission, and consent herein contained are
granted for the following considerations and upon the following terms and conditions:
1. The Company shall pay into the treasury of the City (a) on or before the first day of
March in each year following the granting of this franchise, a sum of money equal to four percent (4%) of
the gross sales of electric energy to customers served under residential and commercial rate schedules (as
prescribed by the Georgia Public Service Commission) within the corporate limits of the City during the
preceding calendar year and four percent (4%) of the gross sales of electric energy to customers served
under industrial rate schedules (as so prescribed) within the corporate limits of the City during the period
beginning on the first day of the month following the granting of this franchise and ending on December
31 thereafter and (b) on or before the first day of March of each year thereafter during the term of this
franchise, a sum of money equal to four percent (4%) of the gross sales of electric energy to customers
served under residential, commercial, and industrial rate schedules (as so prescribed) within the corporate
limits of the City during the preceding calendar year, on condition that in the event the City hereafter shall
grant to any other entity the right to use and occupy the City's streets for like purposes, such use and
occupancy shall be upon the same terms and conditions as those herein contained, including the payment
provisions hereof.
2. The amount, if any, of any tax, fee, charge, or imposition of any kind required, demanded,
or exacted by the City on any account, other than ad valorem taxes on property, shall operate to reduce to
that extent the amount due from the percentage of gross sales provided for in paragraph 1 of this Section
II.
3. The Company shall fully protect, indemnify, and save harmless the City from all damages
to persons or property caused by the construction, maintenance, operation, or extension of the Company's
Facilities, or conditions of streets, alleys, or public places resulting therefrom, for which the City would
otherwise be liable.
-1-
4. The Company shall, in constructing, maintaining, operating, and extending the Company's
Facilities, submit and be subject to all reasonable exercises of the police power by the City. Nothing
contained herein, however, shall require the Company to surrender or limit its property rights created
hereby without due process of law, including adequate compensation, for any other purpose at the
instance of the City or for any purpose at the instance of any other entity, private or governmental.
5. For purposes of paragraph 6 of this Section II, the term "Distribution Facilities" means
poles, lines, wires, cables, conductors, insulators, transformers, appliances, equipment, connections, and
other apparatus installed by or on behalf of the Company (whether before or after the adoption of this
ordinance) in the streets, alleys, or public places of the City for the purpose of distributing electricity
within the present and future corporate limits of the City. Distribution Facilities do not include any of the
following: (i) electric transmission lines with a design operating voltage of 46 kilovolts or greater
(hereinafter referred to as "Transmission Lines"); (ii) poles, towers, frames, or other supporting structures
for Transmission Lines (hereinafter referred to as "Transmission Structures"); (iii) Transmission Lines
and related wires, cables, conductors, insulators, or other apparatus attached to Transmission Structures;
(iv) lines, wires, cables, or conductors installed in concrete-encased ductwork; or (v) network
underground facilities.
6. In the event that the City or any other entity acting on behalf of the City requests or
demands that the Company relocate any Distribution Facilities from their then-current locations within
the streets, alleys, and public places of the City in connection with a public project or improvement, then
the Company shall relocate, at its expense, the Distribution Facilities affected by such project or
improvement. The Company's obligations under this paragraph 6 shall apply without regard to whether
the Company has acquired, or claims to have acquired, an easement or other property right with respect to
such Distribution Facilities and shall not affect the amounts paid or to be paid to the City under the
provisions of paragraph 1 of this Section II. Notwithstanding the foregoing provisions of this paragraph
6, the Company shall not be obligated to relocate, at its expense, any of the following: (i) Distribution
Facilities that are located on private property at the time relocation is requested or demanded; (ii)
Distribution Facilities that are relocated in connection with sidewalk improvements (unless such sidewalk
improvements are related to or associated with road widenings, the creation of new turn lanes, or the
addition of acceleration/deceleration lanes); (iii) Distribution Facilities that are relocated in connection
with streetscape projects or other projects undertaken primarily for aesthetic purposes; or (iv) Distribution
Facilities that are converted from an overhead configuration or installation to an underground
configuration or installation.
7. The City and the Company recognize that both parties benefit from economic development
within the City. Accordingly, when it is necessary to relocate any of the Company's Facilities (whether
Distribution Facilities, Transmission Lines, Transmission Structures, or other facilities) within the City,
the City and the Company shall work cooperatively to minimize costs, delays, and inconvenience to both
parties while ensuring compliance with applicable laws and regulations. In addition, the City and the
Company shall communicate in a timely fashion to coordinate projects included in the City's five-year
capital improvement plan, the City's short-term work program, or the City's annual budget in an effort to
minimize relocation of the Company's Facilities. Such communication may include, but is not limited to,
(i) both parties' participation in the Georgia Utilities Coordinating Council, Inc. (or any successor
organization) or a local utilities coordinating council (or any successor organization) and (ii) both parties'
use of the National Joint Utility Notification System (or any successor to such system mutually acceptable
to both parties).
8. With regard to each streetscape project undertaken by or on behalf of the City, the City shall
pay the Company in advance for the Company's estimated cost to relocate any of the Company's Facilities
-2-
(whether Distribution Facilities, Transmission Lines, Transmission Structures, or other facilities) in
connection with such project. For each streetscape project, the Company shall estimate in good faith the
amount of incremental base revenue, if any, that the Company will realize as a result of new customer
load or expansion of existing customer load attributable to such project; and such estimate shall be based
on tariffs in effect at the time that construction of such project begins and shall not include fuel recovery
charges, non-electric service billings, or taxes. If such estimate indicates that the Company will realize
incremental base revenue, the Company shall do one of the following, whichever results in greater cost
savings to the City: (i) reduce the City's advance payment to the Company for relocation costs by ten
percent (10%); or (ii) where the City has developed a bona fide marketing plan within twelve (12) months
after construction of such project begins, either refund the amount of the Company's incremental base
revenue during such twelve-month period to the City or credit such amount against any future payment
due from the City to the Company. The City and the Company acknowledge and agree that the amount of
any refund or credit calculated pursuant to clause (ii) of the foregoing sentence of this paragraph 8 shall
not exceed the amount of the City's advance payment to the Company for relocation costs associated with
such project.
SECTION III. Be it further ordained that nothing contained in this ordinance shall limit or
restrict the right of customers within the corporate limits of the City to select an electric supplier as may
hereafter be provided by law.
SECTION IV. Be it further ordained that the Company shall, within ninety (90) days from the
approval of this ordinance, file the Company's written acceptance of the franchise granted in this
ordinance with the Clerk of the City, so as to form a contract between the Company and the City.
SECTION V. Be it further ordained that upon such acceptance all laws and ordinances, and all
agreements between the Company and the City with respect to the Company's use of the City's streets,
alleys, and public places, in actual conflict herewith be and the same shall thereupon stand repealed and
terminated, respectively.
Adopted by the City Council of the City of Milton, Georgia, at a meeting held on
_________________________, 20____.
Approved:_________________________, 20____.
__________________________________________
Mayor
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I, ______________________________, Clerk of the City of Milton, Georgia, hereby certify that I was
present at the meeting of the City Council of the City of Milton, Georgia, held on ___________________,
20____, which meeting was duly and legally called and held, and at which a quorum was present, and that
an ordinance, a true and correct copy of which I hereby certify the foregoing to be, was duly passed and
adopted by the City Council of the City of Milton, Georgia, at said meeting.
IN WITNESS WHEREOF, I hereunto set my hand and the corporate seal of the City of Milton,
County of Fulton, State of Georgia, this _______ day of _______________________, 20____.
_____________________________________
Clerk
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City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Aaron J. Bovos, City Manager
Date: December 27, 2006 for January 11, 2007 City Council Meeting
Agenda Item: A Resolution Supporting Legislation in the 2007 Session of the Georgia General
Assembly and Directing the City manager to Formally Notify the Legislative Delegation of the City of
Milton’s Support for Such Legislation
CMO (City Manager’s Office) Recommendation:
Approve the attached resolution supporting legislation in the 2007 session of the Georgia General
Assembly.
Background:
On an annual basis, municipalities across Georgia have the ability to support delegates from the state
level on legislative agendas. These legislative agendas allow municipalities to express both support and
opposition of legislation proposed at the state level which will affect the operation of the municipality.
Discussion:
The attached resolution outlines four different legislative areas Milton is supporting and requests that our
legislative delegation also support. Specifically, the areas outlined are as follows:
1. A clarification and expansion of House Bill 36 from the 2005 legislative session providing for the
distribution of funds from a county Special Service District Fund when the previously
unincorporated areas are now incorporated. This specifically pertains to the “Shafer
Amendment” and the intent thereof. The City’s desire would be to require distribution from any
county to the respective municipalities and remaining money held in a Special Service District
when the fund is closed due to no longer having unincorporated areas.
2. O.C.G.A. 15-21-90, the Jail Construction and Staffing Act does not allow for cities contracting
with counties to collect funds to be used as outlined in this section. Milton supports changing this
code section to include municipalities that contract with other municipalities or municipalities
contracting with other counties, thereby allowing funds to be collected for the purpose of
supporting jail construction and staffing through the Municipal Courts.
3. Support of House Bill 719 introduced in the 2006 legislative session raising the maximum fines
and fees which may be imposed by municipal courts. By raising the maximum fine from $1,000
to $2,500 as requested in this legislation, two important actions are accomplished: a.) the fines
reflect the inflation which has occurred over the past several years; and b.) municipal courts can
use the fine as a greater deterrent against crimes committed warranting such fines.
4. O.C.G.A. 36-74-40, the Local government Codes Enforcement Boards Act does not allow boards
created after January 1, 2003 to enjoy the same authority and oversight as boards created prior to
January 1, 2003. Milton supports allowing newly created municipalities the ability to establish
code enforcement boards with the same authority and oversight as those boards created prior to
January 1, 2003 as outlined in O.C.G.A. 36-74-40.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
If approved, staff will distribute signed certified copies of the resolutions to the local legislative
delegation to show our support for these items.
Alternatives: N/A
Concurrent Review: N/A
RESOLUTION NO. _______________
STATE OF GEORGIA
COUNTY OF FULTON
A RESOLUTION SUPPORTING LEGISLATION IN THE 2007 SESSION OF THE GEORGIA
GENERAL ASSEMBLY AND DIRECTING THE CITY MANAGER TO FORMALLY NOTIFY
THE LEGISLATIVE DELEGATION OF THE CITY OF MILTON’S SUPPORT FOR SUCH
LEGISLATION; AND FOR OTHER PURPOSES
WHEREAS, the Mayor and City Council are the governing authority of the City of Milton; and
WHEREAS, the City is committed to providing services to its constituents and maintaining the quality of
life in our City; and
WHEREAS, the Mayor and City Council are charged with the protection of the health, safety, and
welfare of the citizens of Milton; and
WHEREAS, the Mayor and City Council believe that participation in an annual legislative program
provides support to the state delegation on items of municipal interest.
NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON,
GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY COUNCIL.
By passage of this resolution, the City of Milton Mayor and City Council hereby show formal support for
the following legislative items:
1. A clarification and expansion of House Bill 36 from the 2005 legislative session providing for the
distribution of funds from a county Special Service District Fund when the previously
unincorporated areas are now incorporated. This specifically pertains to the “Shafer
Amendment” and the intent thereof. The City’s desire would be to require distribution from any
county to the respective municipalities and remaining money held in a Special Service District
when the fund is closed due to no longer having unincorporated areas.
2. O.C.G.A. 15-21-90, the Jail Construction and Staffing Act does not allow for cities contracting
with counties to collect funds to be used as outlined in this section. Milton supports changing this
code section to include municipalities that contract with other municipalities or municipalities
contracting with other counties, thereby allowing funds to be collected for the purpose of
supporting jail construction and staffing through the Municipal Courts.
3. Support of House Bill 719 introduced in the 2006 legislative session raising the maximum fines
and fees which may be imposed by municipal courts. By raising the maximum fine from $1,000
to $2,500 as requested in this legislation, two important actions are accomplished: a.) the fines
reflect the inflation which has occurred over the past several years; and b.) municipal courts can
use the fine as a greater deterrent against crimes committed warranting such fines.
4. O.C.G.A. 36-74-40, the Local government Codes Enforcement Boards Act does not allow boards
created after January 1, 2003 to enjoy the same authority and oversight as boards created prior to
January 1, 2003. Milton supports allowing newly created municipalities the ability to establish
code enforcement boards with the same authority and oversight as those boards created prior to
January 1, 2003 as outlined in O.C.G.A. 36-74-40.
The Mayor and City Council further request that the City Manager mail this resolution, after adoption and
once signatures are obtained, to the local legislative delegation.
This resolution shall be effective immediately upon its adoption.
RESOLVED this ____th day of _____________________, 2007.
Approved:
____________________________
Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
THE TAX ANTICIPATION NOTE DOCUMENTS (TAN) WILL
BE DISTRIBUTED ELECTRONICALLY
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Chris Lagerbloom, Public Safety Director
Date: December 26, 2006 For Submission onto the January 11, 2007 City Council Meeting
Agenda Item: An intergovernmental agreement for the provision of 800 MHz radio system access
between Fulton County, Georgia and the City of Milton, Georgia.
CMO (City Manager’s Office) Recommendation:
Approve the attached intergovernmental agreement for the provision of 800 MHz radio system access
between Fulton County, Georgia and the City of Milton, Georgia.
Background:
The City of Milton has announced and is progressing toward establishment and deployment of police and
fire services on or around May 1, 2007. The City of Milton purchased from Motorola as a part of this
deployment plan, thirty-four (34) portable and twenty-four (24) mobile radios; both of which are 700 and
800 MHz compliant. Presently, the Fulton County Emergency Services Department, which is under the
direction of Director Alfred “Rocky” Moore, provides the vital and necessary communications link
between citizens and public safety professionals through a consolidated 911 call reception point and
appropriate radio dispatching.
Discussion:
The attached intergovernmental agreement provides the City of Milton, Georgia access to the Fulton
County, Georgia 800 MHz radio infrastructure. This system is already present in Milton and this
intergovernmental agreement will allow the City of Milton, Georgia, if approved as written, 150 user
licenses to access the system; while actually only funding those in use. It is desirable to have this unified
system to further our goal of protecting the citizens of Milton.
Our initial deployment suggests we actually have 58 radios which will be active on the system. The
initial funding for this item, which is budgeted, is $172.58 per radio, times 58 radios equaling an annual
cost of $10,009.64. In year one, however, the pro rata share for the eight months which fall within the
term of the agreement equals $6,673.10
Alternatives: N/A
Concurrent Review: N/A
Page 1 of 1
INTERGOVERNMENTAL AGREEMENT
FOR THE PROVISION OF 800 MHz RADIO SYSTEM ACCESS
BETWEEN
FULTON COUNTY, GEORGIA and
THE CITY OF MILTON, GEORGIA
THIS INTERGOVERNMENTAL AGREEMENT, is made and entered into on this
_____ day of ______, 2007, by and between Fulton County, Georgia, a political subdivision of
the state of Georgia (hereinafter the "County"), and the City of Milton, a governmental
authority authorized to do business in the State of Georgia, (hereinafter "User");
RECITALS
WHEREAS, the County is the sole owner and operator of an 800 MHz radio system
(hereinafter "the County System"); and
WHEREAS, numerous County departments, including the Police, Sheriff, Marshal, Fire
Department, Public Works, General Services Administration, and School Board are presently users
on the System; and
WHEREAS, it is desirable to have a unified system to include entities on the System who
affect and further the goal of protecting the citizens of Fulton County's health, safety, and welfare;
and
WHEREAS, User is a governmental authority located within Fulton County and provides
public safety services to the citizens of the City of Milton in Fulton County; and
WHEREAS, User therefore affects and furthers the goal of protecting the health, safety, and
welfare of the citizens of the County;
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the County and the User agree as follows:
ARTICLE 1
PURPOSE OF AGREEMENT
The purpose of this Agreement is to provide the City with access to the County’s 800 MHz
Radio System. The County therefore grants to User a ten (10) year revocable license to use 150
radio units on the County's System, subject to the terms and conditions of this Agreement.
ARTICLE 2
TERM OF AGREEMENT
The term of this Agreement is for ten (10) years, beginning _________, 2007 at 0000 hours
Page 2 of 9
and ending at 2400 hours on __________, 2017. User's license may be revoked only for good cause
and only after User has had an opportunity to show cause why its license should not be revoked
before the Board constituted for such purpose as set forth in Article 9 of this Agreement. Such
license is not intended to and does not grant to User any property interest in the County System.
ARTICLE 3
LICENSE USE
The User shall limit the number of all subscriber units, including but not limited to mobile,
portable, and radio data modems, to 150. User may request additional units by making formal
application with supporting documentation of need to the Director of the County’s Emergency
Services Department (“Director”) or his designee. The application for additional units shall be
reviewed and approved or denied by the Director or his designee. The Director or his designee, in
reviewing an application, will take into account system loading, air time usage, number of system
busies, and will make a decision based on maintaining the efficiency of the County's System for all
users. All requests for additional units shall be made at least thirty (30) days prior to the beginning
of the County's fiscal year (January 1). In extraordinary cases, additional units may be requested and
added after such time and the cost of those additions shall be calculated on a pro rata basis of the
original fiscal year contribution. Any application denied may be appealed to the Board constituted
for such purposes as set forth in Article 9 of this Agreement. User is absolutely prohibited from
selling, assigning or otherwise transferring its license to use the County System, in whole or in part,
to any other person or entity.
ARTICLE 4
LICENSE FEES
The User shall remit to the County in a timely fashion its pro rata share of the estimated cost
of replacement of the core system and actual annual maintenance cost. The amount to be paid by
User will be calculated based on the number of units accessible to User and the lump sum
depreciated value of the core system over ten (10) years. If additional units are added within a fiscal
year, the cost of the use of those units shall be calculated on a pro rata basis of the original fiscal year
contribution. The County Finance Department will invoice the User at least thirty (30) days before
due date.
The first payment under this contract, which shall be for the remaining months within this
calendar year, shall be due and payable within 30 days of the execution of this Agreement.
Payments for the remaining period of this Agreement shall be due annually on January 1st of each
year. A late payment penalty of ten percent (10%) will apply on all payments not received by the
due date. Interest will also accrue at the rate of one percent (1%) per month or part thereof for any
payment that is delinquent. The monies received will be placed in a restricted designated fund and
managed by the County Finance Department. All monies in the account will be expended
exclusively for replacement and/or upgrade of the County System. The Board of Commissioners of
Page 3 of 9
Fulton County shall have the sole authority to authorize any expenditure from the account. In the
event the County System is replaced during the term of this Agreement and in the event the cost of
such replacement is less than the amount contained in the designated fund, User's pro rata portion of
the amount remaining in the fund will be reimbursed. If the County System is replaced during the
term of this Agreement and the cost of replacement exceeds the amount contained in the fund, User
agrees to pay its pro rata share to supplement the fund to reach that amount. If there is no
replacement of the County System during the term of this agreement, User shall receive no
reimbursement or pay any additional assessment.
The pro rata share for 2007 is $172.58 times the number of radio units, (24 mobile radios, 34
portable radios, and 0 radio data modems), equals annual cost of $10,009.64, or a total of $6673.10
due from User for the 8 months of 2007 that falls within the term of this agreement. For 2008,
User’s pro rata payment shall be based upon the number of User’s times $172.58 or such other per-
unit cost as determined by the County following selection of a vendor to perform system
maintenance during 2008.
ARTICLE 5
EQUIPMENT
The User shall be solely responsible for purchasing and maintaining all equipment necessary
to be a user on the County System. All subscriber units must be approved by type by the County. A
conforming products list is available from the Department of Emergency Services and will be
updated from time to time. Products not listed will not be accepted. All maintenance performed on
User's units must be certified by a Motorola certified technician, or otherwise consented to in writing
by the Director of Emergency Services.
The County shall maintain and support the core of the County System.
ARTICLE 6
SECURITY CONSTRAINTS/DEFECTIVE EQUIPMENT
The User shall comply with Motorola Software security constraints.
The User shall have any of its devices, equipment, or subscriber units, which cause any
problems on the System immediately taken out of service and repaired by User. User shall be
responsible for all repair costs and for any damages or consequences arising out of such problematic
device, equipment, or unit.
Page 4 of 9
ARTICLE 7
TRAINING
The User shall guarantee that all persons who will be operating subscriber units are
adequately trained. Proof of training will be required within three (3) months of being on the
County System. The County will provide training to a User representative who will in turn be
responsible for training all persons authorized to operate a unit on the County System.
ARTICLE 8
LEGAL COMPLIANCE
The County shall comply with federal, state, and county rules.
The User shall guarantee that its employees who are trained and authorized to use the
System do so in compliance with federal, state, and county laws, codes, regulations and ordinances,
as well as this Agreement. Alleged violations of any applicable law, code, regulation, ordinance, or
this agreement will be reviewed by the Director or his designee.
Upon finding a violation has occurred, the Director or his designee, in his/her discretion may
require the User to remove a unit(s) from the System, place the User on probation for a certain
period of time not to exceed six (6) months, and/or take other reasonable action. Persistent
violations or misuse of the County System may result in User being removed entirely from the
County System after User has had an opportunity to show cause why its license should not be
revoked before the Board as set forth in Article 9.
All direct and indirect expenses arising out of violations or misuse by User and its employees
and agents shall be borne by User. Additionally, User shall be responsible, at the request of the
County, for responding to or assisting the County in responding to any correspondence or complaint
received by the County from state or federal regulatory agencies involving User's units. User shall
execute any releases which may be deemed legal or hold harmless agreements in favor of the County
as requested by the County.
ARTICLE 9
REVIEW BOARD
Any action taken by the Director or his designee may be appealed to the Review Board. The
Review Board shall be comprised of the Director of the Emergency Services Department, the Chief
of the Fulton County Police Department, the Chief of the Fulton County Fire Department, the Fulton
County Sheriff, and Fulton County Marshal. Any adverse decision of this Board shall be appealable
to the Fulton County Board of Commissioners, and their decision shall be final.
Page 5 of 9
ARTICLE 10
USE OF COUNTY SYSTEM
The User shall restrict its use of the County System to legitimate business-related purposes
of the User. The County System shall not be used to conduct personal or unrelated business, except
that which is incidental and occasional.
The User shall abide by any rules and regulations promulgated by the County regarding the
use of the County System. The User shall have the right to review the rules and regulations prior to
their adoption and to make suggested changes if any rules or regulations present a conflict with the
reasonable operation of the User System. Changes or exceptions to the rules or regulations will
voluntarily be made by the County upon a showing by the User of such a conflict.
The County shall give adequate notification to User of violations, service interruption, and to
remove units from operation on the County System. The County shall use best efforts to answer
questions and facilitate use of the County System by User.
ARTICLE 11
REGULATORY MANDATES
The User shall comply with any and all mandate(s) issued by authorized regulatory agencies.
If, subsequent to this agreement being entered into, technical or other changes are mandated by a
regulatory agency, User will have the opportunity to remain on the System if User is able to timely
comply with the mandate(s).
The County will in no way be responsible for bringing User into compliance with the
mandate(s) or be responsible for any direct or indirect, tangible or intangible costs, damages, or
losses incurred due to the mandates. Notwithstanding the foregoing, User agrees that should the
County decide to comply with the mandate(s) in a time period that is shorter than required by the
regulatory agency, User agrees to comply within that shorter time period so long as the County
provides User at least three (3) years prior notice. If User is unable to comply with the mandate(s)
within the applicable time allowed (either by a regulatory agency or the County), User agrees it shall
be removed in whole or in part from the County System.
ARTICLE 12
UPGRADES
The County shall provide User three (3) years prior notice to any voluntary upgrades or early
compliance with mandates to the County System that will affect User.
Page 6 of 9
The User shall comply within three (3) years of receipt of notice from the County with any
voluntary upgrades or any other changes to the County System, including a change in vendor. The
County will have the sole discretion to update or change the System. The County will not be
responsible for any expenditure, losses, or other claims caused by or attributable to such voluntary
upgrades and/or changes to the County System.
ARTICLE 13
TERMINATION AND DEFAULT REMEDIES
In the event that either party shall default on its obligation under this Agreement, failure
to remit payment for license use or failure to provide access to the 800 MHz system, the other
party may provide the breaching party with a written notice of default specifying the basis for the
default and advising the defaulting party of the time frame to cure the default. All defaults shall
be cured within a 30 day time period. The non-defaulting party may grant the defaulting party
additional time to cure the default. Subject to the provision of Article 9 of this Agreement, the
non-defaulting party may elect to terminate the Agreement if the default is not remedied in the
agreed upon cure period. All notices under this provision shall be administered in accordance
with Article 16 of this Agreement. The County and User reserve all available remedies afforded
by law to enforce any term or condition of this Agreement.
ARTICLE 14
AMENDMENTS
This Agreement may be modified at any time during the term by mutual written consent of
both parties.
ARTICLE 15
NOTICES
All notices shall be given by first class mail, except that any notice of termination shall
be mailed via U.S. Mail, return receipt requested. Notices shall be addressed to the parties at the
following addresses:
If to the County:
Thomas Andrews, County Manager
141 Pryor Street, SW, Suite 10000
Atlanta, Georgia 30303
Page 7 of 9
404-730- 8335
404-730- Facsimile
With a copy to:
Overtis Hicks Brantley, County Attorney
141 Pryor Street, SW, Suite 400
Atlanta, Georgia 30303
404-730-7750
404-730-6324 Facsimile
If to the City:
Aaron Bovos, City Manager
City of Milton
13000 Deerfield Parkway, Suite 100
Alpharetta, GA 30004
770-730-6383
770-730-1759 Facsimile
With a copy to:
Mark Scott, City Attorney
13000 Deerfield Parkway, Suite 100
Alpharetta, GA 30004
ARTICLE 17
TRANSFERS AND ASSIGNMENTS
User is absolutely prohibited from selling, assigning or otherwise transferring its license to
use the County System, in whole or in part, to any other person or entity.
Fulton County may assign or transfer its obligations under this Agreement to another
governmental provider (city, county, or governmental authority) of such services upon at least
six (6) months notice to the City.
ARTICLE 18
Page 8 of 9
RENEWAL
This Agreement may be renewed by mutual agreement approved by both governing bodies.
The parties will meet on or before March 1, 2017 to review service under this Agreement and
consider proposed modifications of the term. Any such proposed change is subject to consideration
and approval of the Board of Commissioners and City Council.
ARTICLE 19
ENTIRE AGREEMENT
The County and User acknowledge, one to the other, that the terms of this Agreement
constitute the entire understanding and Agreement of the parties regarding the subject matter of
the Agreement.
ARTICLE 20
SEVERABILITY
If any provision of this Agreement is held as a matter of law to be unenforceable or
unconscionable, the remainder of this Agreement shall be enforceable without such provision.
ARTICLE 21
GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the state of Georgia. The obligations of the
parties to this Agreement are performable in Fulton County, Georgia and, if legal action is necessary
to enforce same, the parties agree exclusive venue shall lie in Fulton County, Georgia.
IN WITNESS WHEREOF, the County and User have executed this Agreement
through their duly authorized officers on the day and year first above written.
SIGNATURES APPEAR ON THE FOLLOWING PAGE
Page 9 of 9
FULTON COUNTY, GEORGIA
ATTEST:
_______________________________ _________________________________
John H. Eaves Mark Massey
Chair Clerk (SEAL)
Fulton County Board of Commissioners Fulton County Board of Commissioners
Approved as to Form:
_____________________________ _________________________________
Allison James Tom Andrews
Fulton County Attorney Fulton County Manager
MILTON, GEORGIA
_____________________________ ________________________________
Joe Lockwood Jeanette Marchifava
Mayor Municipal Clerk (SEAL)
Approved as to Form:
_____________________________ ________________________________
Mark Scott Aaron J. Bovos
City Attorney City Manager
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Chris Lagerbloom, Director of Public Safety
Date: January 04, 2007 for Submission onto the January 11, 2007 City Council Meeting
Agenda Item: An intergovernmental agreement for the provision of fire and rescue services between
Fulton County, Georgia and the City of Milton, Georgia
CMO (City Manager’s Office) Recommendation:
Approve the attached intergovernmental agreement for the provision of fire and rescue services between
Fulton County, Georgia and the City of Milton, Georgia.
Background:
By approving this intergovernmental agreement with Fulton County, Georgia, fire and rescue services
will be provided during the transition period which commences on January 1, 2007 and terminates on or
before September 30, 2007. The purpose of this agreement is to provide fire suppression, fire protection,
and first responder non-transport emergency medical services, hazardous materials and technical rescue
within the City.
The term of the agreement is nine months. At the conclusion of this term, the City will be solely
responsible for providing all fire and rescue services within its boundaries unless this is extended by
mutual agreement. The earliest termination date for this agreement would be May 1, 2007; provided a 30
day notice is given to the County on or before April 1, 2007.
For fire and rescue services to be rendered pursuant to this agreement, the City shall pay to the County
$347,423 per month.
Discussion:
The intergovernmental agreement itself has several articles which provide the foundation for fire and
rescue services, methods of evaluating performance, and reporting requirements. Specifically, the articles
are as follows:
• Article 1 – Purpose and Intent
• Article 2 – Definitions
• Article 3 – Term of Agreement
• Article 4 – Compensation and Consideration
• Article 5 – Deputy Fire Chief or Fire/EMS
• Article 6 – Fire Department Services
• Article 7 – Equipment
• Article 8 – Personnel Assigned to the City
• Article 9 – Overtime Details and Special Assignments
• Article 10 – Recordkeeping and Reporting
• Article 11 – Ancillary Services
• Article 12 – Milton Fire Stations
Page 1 of 2
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
• Article 13 – City-County Relations
• Article 14 – Transition
• Article 15 – Indemnification
• Article 16 – Event of Default
• Article 17 – Termination and Remedies
• Article 18 – Amendments
• Article 19 – Notices
• Article 20 – Non-Assignability
• Article 21 – Entire Agreement
• Article 22 – Severability
• Article 23 – Binding Effect
• Article 24 – Counterparts
• Exhibit A – Staffing Schedules
• Exhibit B – Total Cost Estimate
Once drafted, the intergovernmental agreement was circulated through the City Manager’s Office, the
City Attorney’s Office and the Department of Public Safety.
Alternatives: N/A
Concurrent Review: Aaron Bovos, City Manager
Mark Scott, City Attorney
Page 2 of 2
INTERGOVERNMENTAL AGREEMENT
FOR THE PROVISION OF FIRE AND RESCUE SERVICES
BETWEEN
FULTON COUNTY, GEORGIA and
THE CITY OF MILTON, GEORGIA
THIS INTERGOVERNMENTAL AGREEMENT, by and between Fulton County,
Georgia (“County”) and the City of Milton, Georgia (“City”) entered into this _____ day of
__________, 2007.
WHEREAS, Fulton County, Georgia is a constitutionally created political subdivision of the
State of Georgia; and
WHEREAS, the City of Milton is a municipality created by the 2006 Georgia General Assembly
pursuant to House Bill 1470; and
WHEREAS, H.B. 1470 provides Milton with a twenty-four (24) month transition period before it
must assume and exercise all powers of a municipality, commencing on December 1, 2006 and
ending on November 30, 2008; and
WHEREAS, Section 7.16 of H.B. 1470 provides that “[d]uring such transition period, Fulton
County shall continue to provide within the territorial limits of Milton all governmental services
and functions which Fulton County provided in that area during 2005 and at the same actual cost,
except to the extent otherwise provided in this section; provided, however, that upon at least 30
days’ prior written notice to Fulton County by the City of Milton, responsibility for any such
service or function shall transfer to the City of Milton”; and
WHEREAS, the Georgia Constitution, ARTICLE IX, § 2, ¶ 3, except as otherwise provided by
law, prohibits cities and counties from exercising governmental authority within each other’s
boundaries except by Intergovernmental Agreement; and
WHEREAS, the County and City desire to enter into an Intergovernmental Agreement to provide
fire and rescue services within the boundaries of Milton for up to nine (9) months, rather than the
full transition period as provided by Section 7.16 of H.B.1470; and
WHEREAS, the County and the City wish to establish the cost of fire and rescue services to be
provided by the County to the City pursuant to this Agreement; and
WHEREAS, the County and the City desire to maintain a mutually beneficial, efficient and
cooperative relationship that will promote the interests of the citizens of both jurisdictions; and
WHEREAS, the County and the City have authorized the execution of this Intergovernmental
Agreement through appropriate Resolutions adopted by their respective governing bodies.
NOW THEREFORE, in consideration of the following mutual obligations, the County and
City agree as follows:
ARTICLE 1
PURPOSE AND INTENT
1.1 The purpose of this Agreement is to provide fire suppression, fire protection, and
first responder non-transport emergency medical services, hazardous materials and technical
rescue within the City for a period of nine (9) months, commencing January 1, 2007 at 0000
hours and concluding at 2400 hours on September 30, 2007.
1.2 The County therefore agrees to provide the City of Milton with service consistent
with the overall quality of services provided throughout the County.
1.3 The City will pay for services delivered under this Agreement as provided by the
County in 2005, as agreed upon within this Agreement, and will cooperate with the County in the
provision of those fire and rescue services.
ARTICLE 2
DEFINITIONS
For the purposes of this Agreement, the following terms shall be defined as:
2.1 Call-For-Service means a request received from the public through the 911
system requiring a Fire Department Services response or assistance.
2.2 Direct Costs means the cost of services provided by the County Fire Department
directly to the City to include salaries and benefits of personnel assigned, maintenance and
operational costs of vehicles assigned, operational costs of fire stations assigned and
consumables utilized by resources assigned to the City.
2.3 Fire Department Services means fire suppression, community risk reduction, fire
protection, disaster mitigation, rescue, hazardous material response and first response non-
transport emergency medical services provided by County Fire Department members.
2.4 Fleet Maintenance means the preventative maintenance, safety inspections and
comprehensive repairs for County fire trucks and other motor vehicles operated for the purpose
of fulfilling obligations under this Agreement.
2.5 Indirect Costs (Fire Department) means a percentage of the costs associated with
the administration of the County Fire Department (16%).
2.6 Indirect Costs (County) mean a percentage of the costs associated with the
administration of the County and is a fixed amount (13%).
Page 2 of 16
2.7 Staffing Levels means the number of County Fire Department employees and
units assigned to the City as they are listed in Exhibit A of this Agreement, which is
contemplated to be at that same level being provided to the area of the City during 2005.
2.8 Staff Schedules means those schedules prepared by the Fulton County Fire Chief
to appropriately deploy personnel to ensure appropriate fire and rescue resources are maintained
on each shift. Such staffing schedule shall be consistent with the level of service delivered by
the County during the 2005 fiscal year.
ARTICLE 3
TERM OF AGREEMENT
The term of this Agreement is for nine (9) months, commencing January 1, 2007 at 0000
hours and concluding at 2400 hours on September 30, 2007. At the conclusion of this term, the
City will be solely responsible for providing all fire and rescue services within its boundaries,
unless extended by mutual written Agreement approved by the governing bodies of both parties.
The parties agree that, as of that date, the County’s obligation (pursuant to House Bill 1470) to
provide the services covered by this Agreement will terminate, and that this provision constitutes
the notice of the assumption of these services by the City as contemplated by Section 7.16 of
House Bill 1470.
The parties agree that, no earlier than four (4) months from the commencement of this
Agreement, the City may terminate this Agreement upon thirty (30) days’ notice to the County.
Accordingly, the earliest termination date would be May 1, 2007, provided notification is
provided to the County on or before April 1, 2007. The parties agree that, in the event of such
termination by the City, the County’s obligation (pursuant to House Bill 1470) to provide the
services covered by this Agreement will terminate and further that such early termination shall
constitute the notice of the assumption of these services by the City as contemplated by Section
7.16 of House Bill 1470.
ARTICLE 4
COMPENSATION AND CONSIDERATION
4.1 For fire and rescue services to be rendered pursuant to this Agreement, the City
shall pay to the County $ 347,423.00 per month, which sum shall be remitted to the County on or
before the 25th (twenty-fifth) calendar day of each month of the term. This amount is due in full
each month and represents the direct and indirect costs of all services provided by the County
Fire Department directly to the City as indicated in Exhibit B.
4.2 The County shall make available to the City a detailed monthly accounting of the
expenses associated with the operation of the fire department as it pertains to the services
provided under this Agreement to the City.
4.3 The County shall make available to the City a detailed reconciliation of all costs
for the Agreement within 30 days of the last day of the Agreement in the form of correspondence
from the County Manager to the City Manager indicating the appropriate adjustment.
Page 3 of 16
4.4 If the actual costs are less than the total amount of payments made by the City to
the County, the County shall reimburse the City the adjusted amount within 60 days of the
reconciliation. If the actual costs are greater than the total amount of payments made by the City
to the County, the City shall pay the County the additional amount within 60 days of the
reconciliation.
ARTICLE 5
DEPUTY FIRE CHIEF OF FIRE/EMS
5.1 The County’s Deputy Fire Chief of Fire/EMS will direct the daily fire department
operations in the City, effectuate the City’s fire prevention priorities, manage the delivery of fire
department services, and ensure that the comprehensive fire and emergency medical needs of the
City are adequately met. The Deputy Fire Chief of Fire/EMS is also responsible for overseeing
compliance with the County’s obligations pursuant to this Agreement and maintenance of quality
fire service delivery.
5.2 The Deputy Fire Chief of Fire/EMS will promptly address concerns expressed by
the City Manager regarding performance of fire department personnel pursuant to the County’s
written personnel policies and procedures.
ARTICLE 6
FIRE DEPARTMENT SERVICES
6.1 The County shall provide fire and rescue services on a continual 24-hour per day
basis within the jurisdictional boundaries of the City in accordance with Georgia law, County
Ordinances, and City Ordinances.
6.2 Provision of fire department services shall be as deployed from the staffing
structure described in Exhibit A. Fire Department services shall operate in the traditional
County shift structure.
6.3 Fire Department units will respond to all calls-for-service within the City as
dispatched through the 911 system.
6.4 Fire Department units shall make every reasonable effort to maintain an average
emergency response time goal of 8 minutes or less, 90% of the time while maintaining safe
operations, consistent with the departmental average. The County shall have the opportunity to
provide exceptions to response time issues in the same manner that contracted EMS transport
services do with respect to unusual circumstances, i.e. natural and man-made disasters,
interruption of voice or data transmission, storms and road closures. If the County consistently
fails to meet the levels of service outlined herein, which failure has been communicated in
writing by the City to the County on more than one occasion, the Fire Chief, County Manager
and City Manager will meet to address the causes and remedies for the response time issues.
Page 4 of 16
6.5 During the term of this Agreement, the services shall be the same as that provided
to the area during 2005. In order to maintain services pursuant to the 2005, the Fire Department
will respond with a sufficient number and type of apparatus from the City of Milton and the City
of Johns Creek to incidents whether occurring in the City of Milton or the City of Johns Creek.
The combined resources will operate under the direction of a Battalion Chief of the Fulton
County Fire Department.
6.6 Fire Department will respond to and render aid in emergency, life-saving and in-
progress fire incidents occurring inside the boundaries of the City, and to locations covered by
existing county mutual aid agreements. In the event fire department personnel must respond to
incidents occurring outside the boundaries of the City, the Fire Chief or the Fire Chief’s designee
shall ensure sufficient personnel remain in the City to continue routine and emergency fire
suppression and emergency medical activities.
6.7 Staffing levels are listed in Exhibit A of this Agreement, and may be modified by
the Fulton County Fire Chief through the Deputy Fire Chief of Fire/EMS, with the approval of
the City Manager, from time to time as needs arise. The rank, type of firefighter and number of
positions assigned to each service shall be determined by the County in consultation with the
City Manager. However, at no time shall the staffing level be less than the determined minimum
number of requisite positions mutually agreed upon and reflected in Exhibit A. To the greatest
extent possible, the County agrees to maintain the positions currently allocated to the Milton
District within the Milton District. Any time the personnel assigned to Milton, as described on
Exhibit A, drops below 33 uniformed firefighters, the Fire Chief, the County Manager and the
City Manager shall meet within 20 days thereof to address the causes and remedies for the
staffing issue.
6.8 The Deputy Fire Chief of Fire/EMS may utilize overtime to fill temporary
vacancies in the positions assigned to Milton caused by but not limited to: authorized use of sick
or annual leave, temporary disability, relief of duty, and Family Medical Leave Act absences.
The financial costs associated with overtime utilized to fill such vacancies will be the sole
responsibility of the City. The County shall make available to the City a detailed accounting of
the overtime expenses associated with the operation. The City shall pay to the County the full
amount of the invoice which shall be remitted to the County within 60 days of the invoice.
ARTICLE 7
EQUIPMENT
7.1 The County shall provide each uniformed firefighter, of any rank, with the
County’s own standard support equipment necessary to carry out the fire suppression, fire
protection and emergency medical services functions contemplated by this Agreement.
7.2 The County shall furnish and maintain in good working condition for the benefit
of the City, all necessary emergency communication facilities and equipment necessary and
proper for the purpose of performing the services, duties and responsibilities described in this
Agreement.
Page 5 of 16
7.3 Each County fire engine, ladder truck and battalion vehicle shall be furnished
with standard support equipment as appropriate to carry out services contemplated by this
Agreement.
7.4 Any time the equipment assigned to Milton, as described on Exhibit A, drops
below the minimum amount of equipment required to provide service, the County Manager and
the City Manager shall meet within 20 days thereof to address the causes and remedies for the
failure to provide sufficient equipment.
ARTICLE 8
PERSONNEL ASSIGNED TO THE CITY
8.1 All Fire Department personnel assigned to the City, as well as any other County
personnel assigned under this Agreement are and will continue to be employees of the County
for all purposes, including but not limited to duties and responsibilities, employee benefits,
grievance, payroll, pension, promotion, annual or sick leave, standards of performance, training,
workers compensation and disciplinary functions.
8.2 All County Fire Department personnel assigned to the City as well as any other
sworn personnel assigned under this Agreement are and will continue to be part of the Fulton
County Fire Department Command Structure. Firefighting personnel are under the supervision
of the Fulton County Fire Chief, Deputy Fire Chief of Fire/EMS Operations, Battalion Chief and
Fire Captain.
8.3 In the event the City Manager becomes dissatisfied with the performance of any
sworn or civilian personnel assigned to the City, the City Manager shall discuss the concerns
with the Deputy Fire Chief of Fire/EMS, or the Fire Chief, as appropriate. Upon the request of
the City Manager, the Deputy Fire Chief of Fire/EMS may request that the County Fire Chief
transfer or reassign personnel out of the City. Deputy Fire Chief of Fire/EMS shall provide the
City Manager with a prompt written notice of any resignation, termination, transfer, other change
in status or reassignment of Fire personnel assigned to the City initiated by the County or the
employee.
8.4 Any discretionary transfer or reassignment of firefighters away from the City to
other assignments within the County shall not occur without first filling the vacated position.
ARTICLE 9
OVERTIME DETAILS AND SPECIAL ASSIGNMENTS
9.1 The City Manager may request additional County Fire Department services or fire
personnel to work within the City to provide additional fire or rescue presence at certain
activities, or for special initiatives, City sponsored activities and events.
Page 6 of 16
9.2 These additional County Fire Department activities shall be provided on an
overtime basis. The financial costs associated with overtime utilized to provide additional
County Fire Department activities will be the sole responsibility of the City and will be paid
directly to the Fire Department personnel by the City.
ARTICLE 10
RECORDKEEPING AND REPORTING
10.1 The County Fire Department is the central repository for all departmental records
and makes available public records as defined by the Georgia Open Records Act, O.C.G.A.
§ 50-18-70, et seq. During the term of this Agreement, the County will continue to maintain all
reports relating to Fire Department activity within the City. At the conclusion of services being
performed by Fulton County under this Agreement and subject to all applicable state document-
retention statutes and regulations, the County agrees to transfer all departmental records related
to activities and operations in the City of Milton to the City of Milton. In the event that
applicable state document-retention statutes and regulations require retention of original
documents by the County, the County agrees to provide copies of the above-described
departmental records to the City.
10.2 The County shall prepare and deliver monthly reports to the City Manager. The
reports shall describe the type and number of calls for fire and first responder non-transport
emergency medical services.
10.3 Except as limited by any provision of state or federal law, the City may request,
review and access data and County records to ensure compliance with this Agreement.
ARTICLE 11
ANCILLARY SERVICES
11.1 The County must provide a variety of ancillary services incumbent on a large
metropolitan fire and rescue agency. These services will be provided to the City pursuant to this
Agreement, the consideration for which has been calculated as part of the payment provided in
Article 4 and Exhibit B.
11.2 In addition to fire suppression and rescue service, the Fire Department’s
operations include arson investigation; public education and community risk reduction; safety
and member services including training; advanced life support services; hazardous materials
amelioration; technical rescue services; homeland security efforts; and other services targeted to
prevent accident and injury by raising public awareness of potential fire hazards and by
identifying non-compliant situations. Staffing levels for these fire department activities are listed
in Exhibit A of this Agreement, and may be modified by the Fire Chief through the Deputy Fire
Chief of Fire/EMS, with the approval of the City Manager, from time to time as needs arise.
11.3 Fire Safety Inspections and Fire Code Enforcement. The County will provide
fire safety inspections and fire code enforcement within the City limits during this Agreement.
Staffing levels for these fire department activities are listed in Exhibit A of this Agreement, and
Page 7 of 16
may be modified by the Fire Chief through the Deputy Fire Chief of Fire/EMS with the approval
of the City Manager, from time to time as needs arise.
11.4 Additional Ancillary Services. During the operation of this Agreement, the
County will continue to provide the same administrative and support services provided to other
areas of the County, including but not limited to administrative services, facilities maintenance,
fiscal management, human resources, information systems, internal affairs, public information,
purchasing and other critical services attendant to the operation of a Fire Department.
11.5 Fleet Maintenance. The County shall furnish and maintain in good working
condition for the benefit of the City all necessary labor, maintenance, supervision, equipment,
fuel, parts for County fire engines, ladder trucks and other vehicles for the purpose of performing
the services, duties and responsibilities described in this Agreement.
11.6 In the event any vehicle is out of service for more than 24 hours, the County
agrees to provide a replacement if one is available within the county reserve fleet. However, no
other first line unit outside the City will be placed out of service to cover a unit in the City.
ARTICLE 12
MILTON FIRE STATIONS
12.1 Fire Department personnel assigned to the City will continue to utilize the
following Fire Stations located within Milton while this Agreement is in effect:
Station # 10 – 15260 Thompson Road, Alpharetta Georgia 30004; and
Station # 14 – 12670 Arnold Mill Road, Alpharetta Georgia 30004; and
Station # 18- 750 Hickory Flat Road, Alpharetta Georgia 30004
12.2 The expenses associated with the Fire Stations include cost allocation, utilities,
general operating supplies, and maintenance and are included as part of the payment provided in
Articles 1 and 4. Debt-service costs associated with the Certificates of Participation (COPs)
funding of Station 18 is not included in this Agreement and will not be charged to the City 1)
until termination or expiration of this Agreement or 2) until the City takes ownership of Station
18, whichever event occurs first. Upon occurrence of either event, the COPs debt-service costs
associated with Station 18 for that year shall be pro-rated between the County and City.
ARTICLE 13
CITY-COUNTY RELATIONS
13.1 The Deputy Fire Chief of Fire/EMS or designee will notify the City Manager, or
that official’s designee, and appropriate County chain-of-command personnel, in the event of a
significant fire or rescue occurrence or emergency situation within the City. The County Fire
Chief and City Manager shall designate the kinds of incidents that are to be considered
“significant” by a memorandum. In the event no memorandum is executed, the City Manager
shall be notified consistent with the notification provided by the Fire/EMS personnel to the
County Manager.
Page 8 of 16
13.2 At the request of the City Manager, the Deputy Fire Chief of Fire/EMS or that
official’s designee shall be available to each regular and special City Council meeting.
13.3 The County shall be the sole provider of services within the City that require
sworn fire department personnel during the term of this Agreement.
ARTICLE 14
TRANSITION
14.1 In the event of the termination for default or expiration of this Agreement, the
County and the City shall cooperate in good faith in order to effectuate a smooth and harmonious
transition from the County to a municipal fire department and to maintain the same high quality
of fire protection and emergency medical response prescribed by this Agreement for the
residents, businesses and visitors of the City.
14.2 The Fire Chief or his designee shall present a monthly report to the City Council
throughout the term of this Agreement to facilitate the review of services being performed under
this agreement. At the conclusion of this Agreement, a final report will be presented to the City
Council to facilitate the transition to the City’s own firefighting services.
14.3 The County and City agree that during the period of this Agreement, the City will
evaluate County personnel currently serving the City as Firefighters for retention as City
Firefighters. County personnel desiring employment with the City will submit to the
employment evaluation process required by the City. County personnel that are offered
employment with the City shall separate from the County in accordance with County regulations
and requirements, and follow the hiring requirements and regulations as set forth by the City.
14.4 Notwithstanding the good faith intent of paragraph 14.3, nothing contained in this
Agreement binds the City to hire County personnel for the City’s own Fire Department or to
maintain the salary, pay structure, benefit suite, or rank structure upon hiring.
14.5 The County and City agree that 60 days prior to the end date of this Agreement,
the City Manager and County Manager will meet and confer to effect a smooth transition. All
sale, disposal or transfer of county buildings and equipment will be in accordance with the
process agreed to in the future between the City and the County for County resources located in
Milton.
ARTICLE 15
INDEMNIFICATION
15.1 To the extent permitted by law, the City shall defend, indemnify and hold
harmless the County and its officers, employees, or agents from any and all liability, losses or
damages, including attorneys’ fees and costs of defense, which the County or its officers,
employees, or agents may incur as a result of any claim, demand, suit, or cause of action or
proceeding of any kind or nature arising out of, relating to, or resulting from the negligent
performance of this Agreement by the City, its employees, officers and agents. The County shall
Page 9 of 16
promptly notify the City of each claim, cooperate with the City in the defense and resolution of
each claim and not settle or otherwise dispose of the claim without the City’s participation.
15.2 To the extent permitted by law, the County shall defend, indemnify and hold
harmless the City and its officers, employees, or agents from any and all liability, losses or
damages, including attorneys’ fees and costs of defense, which the City or its officers,
employees, or agents may incur as a result of any claim, demand, suit, or cause of action or
proceeding of any kind or nature arising out of, relating to, or resulting from the negligent
performance of this Agreement by the County, its employees, officers, and agents. The City
shall promptly notify the County of each claim, cooperate with the County in the defense and
resolution of each claim and not settle or otherwise dispose of the claim without the County
participation.
15.3 The indemnification provisions of this Agreement shall survive termination of this
Agreement for any claims that may be filed after the termination date of the Agreement provided
the claims are based upon actions that occurred during the term of this Agreement.
ARTICLE 16
EVENT OF DEFAULT
16.1 An event of default shall mean a material breach of this Agreement by the County
as follows:
16.1.1 County repeatedly disregards local priorities established by the City
Manager which the County is required to observe by this Agreement and which
have been communicated in writing from the City to the County on more than one
occasion.
16.1.2 The County does not maintain sufficient personnel in the City to handle
fire department activities as required by Exhibit A.
16.1.3 The County does not maintain sufficient equipment in the City to handle
fire department activities as required by Exhibit A.
16.1.4 The County consistently fails to meet the levels of service outlined in
Article 6, which failure has been communicated in writing by action of the City
Council to the County on more than one occasion.
16.2 An event of default shall mean a material breach of this Agreement by the City as
follows:
16.2.1 Failure of the City to make prompt payment as stipulated in Article 4.
16.2.2 Failure of the City to fund the minimum staffing level as indicated in
Exhibit A.
Page 10 of 16
ARTICLE 17
TERMINATION AND REMEDIES
17.1 Except as provided in Article 3 concerning termination by the City following 30-
days’ notice, the City or County may terminate this Agreement only for an event of default,
unless the default is cured as provided in this article. In the event of a default, no withdrawal of
service will be undertaken during the term of this Agreement or as provided in Section 7.16 of
H.B. 1470. The remedies will be those listed below in paragraph 17.4.
17.2 If an event of default occurs, in the determination of the City, the City shall notify
the County in writing, specify the basis for the default and advise the County that the default
must be cured to the City’s reasonable satisfaction within a 60-day period. The City may grant
additional time to cure the default, as the City may deem appropriate, without waiver of any of
the City’s rights, so long as the County has commenced curing the default and is effectuating a
cure with diligence and continuity during the 60-day period, or any longer period which the City
prescribes.
17.3 If an event of default occurs, in the determination of the County, the County may
notify the City in writing, specify the basis for the default and advise the City that the default
must be cured to the County’s reasonable satisfaction within a 60-day period; except that for
events of default related to the payment of fees, the cure period is reduced to 30 days. The
County may grant additional time to cure the default, as the County may deem appropriate,
without waiver of any of the County’s rights, so long as the City has commenced curing the
default and is effectuating a cure with diligence and continuity during the 60-day period (30 days
for payments) or any longer period which the County prescribes.
17.4 In the event that either party breaches a material term or condition of this
Agreement, other than an event of default, the party in breach, upon receipt of a written request
from the non-breaching party, shall remedy the breach within 30 days of receipt of the request.
If the breach is not cured within the specified time period, the non-breaching party may utilize
the remedies of declaratory judgment, specific performance, mandamus or injunctive relief to
compel the breaching party to remedy the breach.
17.5 The parties reserve all available remedies afforded by law to enforce any term of
condition of this Agreement.
ARTICLE 18
AMENDMENTS
This Agreement may be modified at any time during the term by mutual written consent
of both parties, as approved by the parties’ governing authorities.
Page 11 of 16
ARTICLE 19
NOTICES
All required notices shall be given by first class mail, except that any notice of
termination shall be mailed via U.S. Mail, return receipt requested. Notices shall be addressed to
the parties at the following addresses:
If to the County:
Thomas Andrews, County Manager
141 Pryor Street, SW, Suite 10000
Atlanta, Georgia 30303
404-730-4500
404-893-6705 Facsimile
With a copy to:
Overtis Hicks Brantley, County Attorney
141 Pryor Street, SW, Suite 4038
Atlanta, Georgia 30303
404-730-7750
404-730-6324 Facsimile
If to the City:
Aaron J. Bovos, City Manager
City of Milton
13000 Deerfield Parkway, Building 100
Alpharetta, Georgia 30004
770-730.6359
770-730-1759 Facsimile
Page 12 of 16
ARTICLE 20
NON-ASSIGNABILITY
Neither party shall assign any of the obligations or benefits of this Agreement.
ARTICLE 21
ENTIRE AGREEMENT
21.1 The parties acknowledge, one to the other, that the terms of this Agreement
constitute the entire understanding and Agreement of the parties regarding the subject matter of
the Agreement.
21.2 The exhibits referred to and annexed to this Agreement are made a part of this
Agreement.
ARTICLE 22
SEVERABILITY
If a court of competent jurisdiction renders any provision of this Agreement (or portion of
a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision
will be severed and the remainder of this Agreement will continue in full force and effect as if
the invalid provision or portion of the provision were not part of this Agreement.
ARTICLE 23
BINDING EFFECT
This Agreement shall inure to the benefit of, and be binding upon, the respective parties’
successors.
ARTICLE 24
COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall be an
original, and all of which shall constitute but one and the same instrument.
Page 13 of 16
IN WITNESS WHEREOF, the City and County have executed this Agreement
through their duly authorized officers on the day and year first above written.
FULTON COUNTY, GEORGIA
ATTEST:
_______________________________ _________________________________
John Eaves Mark Massey
Chair Clerk SEAL
Fulton County Board of Commissioners Fulton County Board of Commissioners
Approved as to Form:
_____________________________ _________________________________
Overtis Hicks Brantley Tom Andrews
Fulton County Attorney Fulton County Manager
CITY OF MILTON, GEORGIA
_____________________________ ________________________________
Joe Lockwood \Jeanette Marchiafava
Mayor Municipal Clerk (SEAL)
Approved as to Form:
_____________________________ ________________________________
Mark Scott Aaron J. Bovos
City Attorney City Manager
Page 14 of 16
EXHIBIT “A”
STAFFING SCHEDULE
Stations 10, 14, & 18 On-Duty Daily Staffing
Total
Assigned Per Shift Minimum
Engine 10 12 4 3
Engine 14 12 4 3
Engine 18 12 4 3
Battalion Chief* 1
Total 36 12 10
*Battalion Chief position is shared between the City of Milton and the City of Johns Creek.
Page 15 of 16
EXHIBIT “B”
TOTAL COST ESTIMATE
FOR FIRE AND RESCUE SERVICES
Salary & Benefits 2,907,024
Fire Department Indirect Costs (16%) 366,904
Operational Costs 469,538
County Indirect Costs (13%) 425,610
Total (Annualized) 4,169,076
Monthly Payment 347,423
Total Amount of IGA (9 months) 3,126,807
Page 16 of 16
THE INTERGOVERNMENTAL AGREEMENT (IGA) FOR
POLICE SERVICES WILL BE DISTRIBUTED
ELECTRONICALLY
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Tom Wilson, Community Development Manager
Date: January 5, 2007 for Submission onto the January 11, 2007 City Council
Meeting
Agenda Item: Staff Report on City Council Appointed Boards and Commissions
Authorization
The Milton City Charter (House Bill 1470 as passed by the House and Senate) shall create by
ordinance any such boards, commissions, and authorities to fulfill any investigative, quasi-
judicial, or quasi-legislative function the City Council deems necessary and shall, by ordinance,
establish the composition, period of existence, duties and powers thereof. The City Manager or
a designee shall oversee the meetings of each board, commission, or authority and is an ex-
officio, non-voting, member of each. These guidelines are also codified in Chapter 2, Article 3 of
the Milton City Code.
Appointment
Per HB 1470 all members of boards, commissions, and authorities of the city shall be appointed
by a majority vote of the city council for such terms of office and in such manner as shall be
provided by ordinance, except where other appointing authority, terms of office, or manner of
appointment is prescribed by this charter or by law. Except as otherwise provided by law, no
member of any board may hold elective office within the city. Any vacancy on a board shall be
filled for the unexpired term in the manner prescribed for the original appointment, except as
otherwise provided by this charter or by law.
Any member of a board may be removed from office for cause by a vote of the city council.
The Mayor and City Council will each nominate a member for each of the Boards and
Commissions listed on the matrix below except for the Alcohol License Review Board. Each
Councilperson’s nominee shall come from his or hers respective Council District and the
Mayor’s nominees shall reside anywhere within the City.
The City Operations Director recommends that the Mayor appoint the 5 members of the Alcohol
License Review Board from City Staff consisting of the City Attorney, Operations Director, City
Clerk, Public Safety Director, Community Development Director and/or their designees.
Procedures
Except as otherwise provided by this charter (HB 1470) or by law, each board of the city shall
elect one of its members as chairperson and one member as vice-chairperson, and may elect
as its secretary one of its members or may appoint as secretary an employee of the city. Each
board may establish such bylaws, rules, and regulations, not inconsistent with this charter, an
ordinance of the city or law, as it deems appropriate and necessary for the fulfillment of its
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed
with the Clerk of the city.
Compensation
The City Council, by ordinance, may provide for the compensation and/or reimbursement for
actual and necessary expenses of the members of any board, commission, or authority. The
Ethics Board per the City Code, Chapter 11 may not receive any compensation.
Boards and Commissions to be Appointed by Council
Below is a matrix with each Board or Commission listed with pertinent information. Staff notes
that the meeting time will be determined by each Board or Commission once it is formed. The
Mayor and City Council will need to nominate and vote to approve the following members of the
following Boards or Commissions.
Board or
Commission
Authority
Mandating
Board or
Commission
Frequency
of meeting
and day
Number of
members
and
qualifications
for
appointment
Terms
Types of Actions
to be taken
Board of
Zoning
Appeals
Milton
Zoning
Ordinance
(Z.O.)
Article
22.14.1
3rd
Tuesday of
the month
7 members
Residents of
the City of
Milton
Serve
concurrent
with the
terms of the
Planning
Commission
1) Primary
Variances to the
Z.O.
2) Appeals from
the interpretation
of this Resolution
by the Manager
3) Appeals in error
in enforcement of
Z.O.
Design
Review
Board
Milton
Zoning
Ordinance
(Z.O.)
Article 12H.2
Once a
month or
as-needed
basis
5 members
Residents,
business
owners and
property
owners within
the City of
Milton
To be
determined
by the DRB.
Provides
recommendation to
the Community
Development
Manager prior to
the issuance of the
following permits:
Land Disturbance
(non residential),
Building Permits
and Primary
Variances.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Planning
Commission
Zoning
Procedures
Act of the
State of
Georgia
2nd
Tuesday of
the month
7 members
To be
determined
Makes
recommendations
to the City Council
for rezonings,
concurrent
variances, use
permits, and other
planning
documents that are
presented for their
recommendation.
Board of
Ethics
Milton City
Code
Chapter 6
To be
determined
5 members
and 2
alternate
members
Residents of
the City for at
least one year
Staggered
terms of 3
years.
Develop and write
procedural rules;
administer oaths;
conduct hearings
in which a violation
of the Ethics Code
is alleged.
Construction
Board of
Adjustment
and Appeals
Milton City
Code,
Chapter 9
Section 9
Meet within
30
calendar
days after
notice of
appeal has
been
received
Comprised of
not less than
3 and not
more than 5
persons
One term of
4 years and
may serve
consecutive
terms.
To hear appeals of
decisions and
interpretations of
the Building Official
and consider
variances of the
construction
codes.
Alcohol
License
Review
Board
Milton City
Code,
Chapter 7;
Section 19
To be
determined
Consists of 5
members
City Attorney,
Operations
Director, City
Clerk, Public
Safety
Director,
Community
Development
Director
1 Term of 4
years.
To hear appeals of
administrative
decisions by the
City Manager with
regard to issuance
of licenses,
transfers, renewals
and change of
ownership