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HomeMy WebLinkAboutPacket-03-01-2007Page 1 of 2 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Building 100 Milton, GA 30004 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, March 1, 2007 Regular Council Meeting Agenda 7:00 PM 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) (Agenda Item No. 07-186) 4) APPROVAL OF MEETING AGENDA (add or remove items from agenda) 5) PUBLIC COMMENT 6) REPORTS AND PRESENTATIONS 1) A proclamation recognizing the Milton High School Commercial Design Students. (Presented by Mayor Joe Lockwood and Chris Lagerbloom, Public Safety Director) 2) Administration of Oath of Office: (Administered by the Mayor) a) Boards and Commission Members (Agenda Item No. 07-176) 7) CONSENT AGENDA 1. Approval of the January 11, 2007 Regular Meeting Minutes. 8) ZONING AGENDA (none at this time) 9) FIRST PRESENTATION (Agenda Item No. 07-187) 1. Approval of an Ordinance Accepting the Georgia Municipal Employee Benefit System Official Plan Document for Retirement Program. (Presented by Carol Wolfe, City Treasurer) MILTON CITY COUNCIL REGULAR MEETING AGENDA MARCH 1, 2007 - 7:00 PM Page 2 of 2 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Building 100 Milton, GA 30004 (Agenda Item No. 07-188) 2. Approval of an Ordinance Adopting Rules and Procedures for the Engagement of Legal Services for the City of Milton, Georgia. (Presented by Aaron Bovos, City Manager) 10) UNFINISHED BUSINESS (none at this time) 11) NEW BUSINESS (Agenda Item No. 07-189) 1. Approval of a Resolution to Approve the Use of Speed Detection Devices by its Law Enforcement Officials. (Presented by Chris Lagerbloom, Public Safety Director) (Agenda Item No. 07-190) 2. Approval of a Resolution in Support of Extending the Special One Percent Sales Tax for Education Purposes. (Presented by Bill Doughty, Communication Manager) (Agenda Item No. 07-191) 3. Approval of a Resolution Approving the Fiscal Year 2007 Work Plan for the City of Milton, Georgia. (Presented by Aaron Bovos, City Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS (Agenda Item No. 07-192) 14) EXECUTIVE SESSION The purpose of the Executive Session is to discuss a litigation matter. (Agenda Item No. 07-193) 15) ADJOURNMENT PROCLAMATION WHEREAS, The City of Milton, Georgia is a newly incorporated City in Fulton County, Georgia and is home to Milton High School, Principal Ronald Tesch and Assistant Principal Gene Dunn, and WHEREAS, The Mayor and City Council has taken an aggressive stance on crime prevention and public safety by announcing a rapid police department deployment timeline, and WHEREAS, The Director of Public Safety solicited the assistance of Heather Meyer’s Commercial Design class at Milton High School to design the inaugural police car graphics package, and, WHEREAS, Evan Bourff, Richelle Gross, Liza Gurley, Jordan Johnson, Phillip Jones, Tori Kennedy, Jean Lu, Brendon Medlin, Maria Palumbo, Juan Ramirez and Whitney Vaught, all commercial design students accepted the challenge of this inaugural design, and WHEREAS, The City of Milton wishes to honor these students with our heartfelt thanks for their hard work, and WHEREAS, The inaugural police fleet, along with future police cars will serve as a constant reminder of our commitment to community interaction and the hard work of our students. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby recognize and thank by proclamation Milton High School, and its Commercial Design students for their hard work and dedication to the Milton Department of Public Safety. Given under my hand and the Seal of the City of Milton, Georgia on this 1st day of March, 2007. _______________________ Joe Lockwood Mayor (Seal) City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 X:\City Clerk\Master Agendas 2007\March 1\Memo Pension Plan Document Agenda.doc 1 To: Honorable Mayor and City Council Members From: Carol R. Wolfe, CGFM, SPHR, Director of Operations Date: Submitted on February 13, 2007 for March 1, 2007 City Council Meeting Agenda Item: Approval of a Georgia Municipal Employee Benefit System Official Plan Document for Retirement Program CMO (City Manager’s Office) Recommendation: Adopt the attached ordinance accepting the Retirement Plan Document outlining the details of the Georgia Municipal Employee Benefit System retirement plan for City of Milton employees and authorizing staff to execute all necessary documents required by the plan administrator. Background: As part of the City’s employee benefit program, the City Council approved a retirement package for employees as part of the annual budget ordinance. At that time, Georgia Municipal Employee Benefit System (GMEBS) was identified as the recommended vendor for pension program services. Since that time, both City and GMEBS staff have been working out the details of the official plan document. The GMEBS-enabling statute requires that member cities adopt the plan via ordinance. The plan document has been finalized and before you tonight for approval. Discussion: The plan document outlines items such as • Employee eligibility requirements, • Credit for past service, • Normal and early retirement eligibility, • Retirement formulas, • Employee contributions, • Distribution options, and • Vesting requirements. The plan document also requires the City to name, by position, a six-member pension board. The pension board is the liaison between GMEBS as the provider of pension administrative services and the employer. So as to give covered employees adequate representation, the pension committee recommendation is as follows: • City Manager • City Treasurer • City Clerk • City Attorney • Deputy Public Safety Director City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 X:\City Clerk\Master Agendas 2007\March 1\Memo Pension Plan Document Agenda.doc 2 • A Police Officer to be appointed by the Public Safety Director • A Firefighter to be appointed by the Public Safety Director Once approved, the retirement plan will be effective April 1, 2007. Concurrent Review: Aaron Bovos, CGFM, CTP, City Manager GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT PLAN ADOPTION AGREEMENT for City of Milton GMEBS - Defined Benefit Plan Adoption Agreement (Effective April 1, 2007) TABLE OF CONTENTS PAGE AN ORDINANCE .......................................................................................................................... 1 ADMINISTRATOR ....................................................................................................................... 2 ADOPTING EMPLOYER.............................................................................................................. 2 GOVERNING AUTHORITY ........................................................................................................ 2 PLAN REPRESENTATIVE........................................................................................................... 2 PENSION COMMITTEE ............................................................................................................... 3 TYPE OF ADOPTION................................................................................................................... 3 EFFECTIVE DATE ........................................................................................................................ 4 PLAN YEAR .................................................................................................................................. 4 CLASSES OF ELIGIBLE EMPLOYEES ...................................................................................... 5 ELIGIBILITY CONDITIONS........................................................................................................ 6 HOURS PER WEEK (REGULAR EMPLOYEES)................................................................... 6 MONTHS PER YEAR (REGULAR EMPLOYEES)................................................................ 7 WAITING PERIOD........................................................................................................................ 7 ESTABLISHING PARTICIPATION IN THE PLAN ................................................................... 7 CREDITED SERVICE ................................................................................................................... 8 CREDITED PAST SERVICE .................................................................................................... 8 PRIOR MILITARY SERVICE................................................................................................... 9 PRIOR GOVERNMENTAL SERVICE ................................................................................... 11 UNUSED SICK/VACATION/PERSONAL LEAVE .............................................................. 12 RETIREMENT ELIGIBILITY..................................................................................................... 13 EARLY RETIREMENT QUALIFICATIONS......................................................................... 13 NORMAL RETIREMENT QUALIFICATIONS..................................................................... 14 ALTERNATIVE NORMAL RETIREMENT QUALIFICATIONS ........................................ 15 DISABILITY BENEFIT QUALIFICATIONS ........................................................................ 16 RETIREMENT BENEFIT COMPUTATION.............................................................................. 17 MAXIMUM TOTAL CREDITED SERVICE ......................................................................... 17 MONTHLY NORMAL RETIREMENT BENEFIT AMOUNT .............................................. 17 MONTHLY EARLY RETIREMENT BENEFIT AMOUNT .................................................. 19 - i - MONTHLY LATE RETIREMENT BENEFIT AMOUNT ..................................................... 20 MONTHLY DISABILITY BENEFIT AMOUNT ................................................................... 20 BENEFIT CAP FOR ELECTED OFFICIALS ........................................................................ 21 DISTRIBUTIONS FOR THOSE WHO REMAIN IN SERVICE AFTER NORMAL RETIREMENT ......................................................................................................................... 21 COST OF LIVING ADJUSTMENT ........................................................................................ 22 RE-EMPLOYMENT AFTER RETIREMENT ........................................................................ 22 TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING .......................... 23 PRE-RETIREMENT DEATH BENEFITS .................................................................................. 24 IN-SERVICE DEATH BENEFIT ............................................................................................ 24 TERMINATED VESTED DEATH BENEFIT ........................................................................ 25 EMPLOYEE CONTRIBUTIONS ................................................................................................ 26 EMPLOYER ADOPTION............................................................................................................ 27 - ii - AN ORDINANCE An Ordinance to establish a retirement plan for the Employees of the City of Milton, Georgia in accordance with and subject to the terms and conditions set forth in the attached Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. When accepted by the authorized officers of the City and GMEBS, the foregoing shall constitute a Contract between the City and GMEBS, all as authorized and provided by O.C.G.A. § 47-5-1 et seq. BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia, and it is hereby ordained by the authority thereof: Section 1. The retirement plan for the Employees of the City of Milton, Georgia is hereby established as set forth in and subject to the terms and conditions stated in the following Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. [Ordinance continued on page 28] GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) GMEBS DEFINED BENEFIT PLAN ADOPTION AGREEMENT ADMINISTRATOR Georgia Municipal Employees Benefit System 201 Pryor Street, SW Atlanta, Georgia 30303 Telephone: 404-688-0472 Facsimile: 404-577-6663 ADOPTING EMPLOYER Name: City of Milton, Georgia GOVERNING AUTHORITY Name: Mayor and Council Address: 13000 Deerfield Parkway, Building 100, Alpharetta, GA 30004 Phone: (678) 242-2525 Facsimile: (678) 242-2499 PLAN REPRESENTATIVE [To represent Governing Authority in all communications with GMEBS and Employees] (See Article II, Section 44 of Master Plan) Name: Director of Operations Address: 13000 Deerfield Parkway, Building 100, Alpharetta, GA 30004 Phone: (678) 242-2525 Facsimile: (678) 242-2499 E-mail: carol.wolfe@cityofmiltonga.us GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 2 - PENSION COMMITTEE [Please designate members by position. If not, members of Pension Committee shall be determined in accordance with Article XIV of Master Plan] Position: Position: Position: Position: Position: Position: Position: Pension Committee Secretary: City Clerk Address: 13000 Deerfield Parkway, Building 100, Alpharetta, GA 30004 Phone: (678) 242-2525 Facsimile: (678) 242-2499 E-mail: jeanette.marchiafava@cityofmiltonga.us TYPE OF ADOPTION This Adoption Agreement is for the following purpose (check one): This is a new defined benefit plan adopted by the Adopting Employer for its Employees. This plan does not replace or restate an existing defined benefit plan. This is an amendment and restatement of the current GMEBS defined benefit plan or other defined benefit plan of the Adopting Employer. This is an amendment of the Adoption Agreement previously adopted by the Employer (please specify type below): This is an amendment to change one or more of the Adopting Employer's benefit design elections in the Adoption Agreement. This is an amendment to add a new Department or a new class of Eligible Employees (If this box is checked, special addendum must be requested from GMEBS to be completed as part of amendment). This is an amendment to discontinue participation in the Plan by one or more Departments or classes of Employees (If this box is checked, special addendum must be requested from GMEBS to be completed as part of amendment). Other (please specify): __________________________________________________________________ GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 3 - EFFECTIVE DATE (1) Complete this item (1) only if this is a new defined benefit plan which does not replace or restate an existing defined benefit plan. The effective date of this Plan is April 1, 2007. (insert effective date of this Adoption Agreement not earlier than January 1, 1997). (2) Complete this item (2) only if this is an amendment and complete restatement of the Adopting Employer's existing GMEBS defined benefit plan. Except as otherwise specifically provided in the Master Document or in this Adoption Agreement, the effective date of this restatement shall be _________________ (insert effective date of this Adoption Agreement not earlier than January 1, 1997). This Plan is adopted as an amendment and restatement of the Employer's preexisting GMEBS plan, which became effective on ____________________ (insert original effective date of preexisting GMEBS plan). (3) Complete this item (3) only if this Plan is being adopted to replace a non-GMEBS defined benefit plan. Except as otherwise specifically provided in the Master Document or in this Adoption Agreement, the effective date of this restatement shall be _________________ (insert effective date of this Adoption Agreement not earlier than January 1, 1997). This Plan is intended to replace and serve as an amendment and restatement of the Employer’s preexisting plan, which became effective on __________________ (insert original effective date of preexisting plan). (4) Complete this item (4) only if this is an amendment of the Adoption Agreement previously adopted by the Employer. The effective date of this amendment shall be . PLAN YEAR Plan Year means (check one): Calendar Year Employer Fiscal Year commencing __________________________________________. Other (must specify): January 1 – December 31. GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 4 - CLASSES OF ELIGIBLE EMPLOYEES Only Employees of the Adopting Employer who meet the Master Plan's definition of "Employee" may be covered under the Adoption Agreement. Independent contractors, leased employees, and nonresident aliens may not participate in the Plan. Eligible Regular Employees Regular Employees include Employees, other than elected or appointed members of the Governing Authority or Municipal Legal Officers, who are regularly employed in the services of the Adopting Employer. Subject to the other conditions of the Master Plan and the Adoption Agreement, the following Regular Employees are eligible to participate in the Plan (check one): ALL - All Regular Employees, provided they satisfy the minimum hour and other requirements specified under "Eligibility Conditions" below. ALL REGULAR EMPLOYEES EXCEPT for the following employees (must specify): _________________________________________________________________________ _________________________________________________________________________ Elected or Appointed Members of the Governing Authority An Adopting Employer may elect to permit participation in the Plan by elected or appointed members of the Governing Authority and/or Municipal Legal Officers, provided they otherwise meet the Master Plan's definition of "Employee" and provided they satisfy any other requirements specified by the Adopting Employer. Municipal Legal Officers to be covered must be specifically identified by position. Subject to the above conditions, the Employer hereby elects the following treatment for elected and appointed officials: Elected or Appointed Members of the Governing Authority (check one): ARE NOT eligible to participate in the Plan. ARE eligible to participate in the Plan. Please specify any limitations on eligibility to participate here (e.g., service on or after certain date): ______________________________________________________________________________ ______________________________________________________________________________ __________________________________________________________________________. GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 5 - Municipal Legal Officers (check one): ARE NOT eligible to participate in the Plan. ARE eligible to participate in the Plan. The term "Municipal Legal Officer" shall include only the following positions (must specify): ___________________________________________________________________________ Please specify any limitations on eligibility to participate here (e.g., service on or after certain date): ______________________________________________________________________________ ______________________________________________________________________________ ___________________________________________________________________________. ELIGIBILITY CONDITIONS HOURS PER WEEK (REGULAR EMPLOYEES) The Adopting Employer may specify a minimum number of hours per week which are required to be scheduled and worked by Regular Employees in order for them to become and remain "Eligible Regular Employees" under the Plan. It is the responsibility of the Adopting Employer to determine whether these requirements are and continue to be satisfied. The Employer hereby elects the following minimum hour requirement for Regular Employees: No minimum 20 hours/week (regularly scheduled) 30 hours/week (regularly scheduled) Other: 35 hours/week (must not exceed 40 hours/week regularly scheduled) Exceptions: If a different minimum hour requirement applies to a particular class or classes of Regular Employees, please specify below the classes to whom the different requirement applies and indicate the minimum hour requirement applicable to them. Class(es) of Regular Employees to whom exception applies (must specify): ________________ ______________________________________________________________________________ ______________________________________________________________________________ Minimum hour requirement applicable to excepted Regular Employees: No minimum 20 hours/week (regularly scheduled) 30 hours/week (regularly scheduled) Other: _________________ (must not exceed 40 hours/week regularly scheduled) GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 6 - MONTHS PER YEAR (REGULAR EMPLOYEES) The Adopting Employer may specify a minimum number of months per year which are required to be scheduled and worked by Regular Employees in order for them to become and remain "Eligible Employees" under the Plan. It is the responsibility of the Adopting Employer to determine whether these requirements are and continue to be satisfied. The Employer hereby elects the following minimum requirement for Regular Employees: No minimum At least 6 months per year (regularly scheduled) WAITING PERIOD Regular Employees Unless otherwise specified by the Adopting Employer in an addendum to this Adoption Agreement, Regular Employees shall be required to complete one (1) year of continuous, uninterrupted Service with the Adopting Employer before they qualify for participation in the Plan. The determination as to whether the waiting period has been satisfied shall be made in accordance with provisions of the Master Plan. ESTABLISHING PARTICIPATION IN THE PLAN Participation in the Plan is considered mandatory for all Eligible Employees who satisfy the eligibility conditions specified in the Adoption Agreement. However, the Employer may specify below that participation is optional for certain classes of Eligible Employees, including elected or appointed members of the Governing Authority, Municipal Legal Officers, City Managers, and/or Department Heads. If participation is optional for an Eligible Employee, then in order to become a Participant, he must make an election to participate within 120 days after employment, election or appointment to office, or if later, the date he first becomes eligible to participate in the Plan. The election is irrevocable, and the failure to make the election within the 120-day time limit shall be deemed an irrevocable election not to participate in the Plan. Classes for whom participation is optional: Elected or appointed members of the Governing Authority Municipal Legal Officers City Manager Department Heads Other (must specify): ___________________________________________________ GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 7 - CREDITED SERVICE In addition to Current Credited Service the Adopting Employer may include as Credited Service the following types of service: CREDITED PAST SERVICE Credited Past Service means the number of years and complete months of Service with the Adopting Employer prior to the date an Eligible Employee becomes a Participant which are treated as credited service under the Plan. Eligible Employees Employed on Effective Date of GMEBS Plan. With respect to Eligible Employees who are employed by the Adopting Employer on the original Effective Date of the Employer's GMEBS Plan, Service with the Adopting Employer prior to the date the Eligible Employee becomes a Participant (including any Service prior to the Effective Date of the Plan) shall be treated as follows (check one): All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), except for Service rendered prior to ____________________________ (insert date). All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), except for (must specify other limitation):_______________________ __________________________________________________________________ Previously Employed, Returning to Service after Effective Date. If an Eligible Employee is not employed on the original Effective Date of the Employer's GMEBS Plan, but he returns to Service with the Adopting Employer sometime after the Effective Date, his Service prior to the date he becomes a Participant (including any Service prior the Effective Date) shall be treated as follows (check one): All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), subject to any limitations imposed above with respect to Eligible Employees employed on the Effective Date. All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), provided that after his return to employment, the Eligible Employee performs Service equal to the period of the break in Service or one (1) year, whichever is less. Any limitations imposed above with respect to Eligible Employees employed on the Effective Date shall also apply. Other limitation(s) (must specify):______________________________________ __________________________________________________________________ GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 8 - Eligible Employees Initially Employed After Effective Date. If an Eligible Employee's initial employment date is after the original Effective Date of the Employer's GMEBS Plan, his Credited Past Service shall include only the number of years and complete months of Service from his initial employment date to the date he becomes a Participant in the Plan. Newly Eligible Classes of Employees. If a previously ineligible class of Employees becomes eligible to participate in the Plan, the Employer must specify in an addendum to this Adoption Agreement whether and to what extent said Employees' prior service with the Employer shall be treated as Credited Past Service under the Plan. PRIOR MILITARY SERVICE Note: This section does not concern military service required to be credited under USERRA – See Article III, Section 2 of the Master Plan for rules on the crediting of USERRA Military Service. The Adopting Employer may elect to treat military service rendered prior to a Participant's initial employment date or reemployment date as Credited Service under the Plan. Unless otherwise specified by the Employer under "Other Conditions" below, the term "Military Service" shall be as defined in the Master Plan. Except as otherwise required by federal or state law or under “Other Conditions” below, Military Service shall not include service which is credited under any other local, state, or federal retirement or pension plan. Military Service credited under this section shall not include any service which is otherwise required to be credited under the Plan by federal or state law. Prior Military Service shall be treated as follows (check one): Prior Military Service is not creditable under the Plan (if checked, skip to next section – Prior Governmental Service). Prior Military Service shall be counted as Credited Service for the following purposes (check one or more as applicable): Computing amount of benefits payable . Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. Maximum Credit for Prior Military Service. Credit for Prior Military Service shall be limited to a maximum of _____ years (insert number). GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 9 - Rate of Accrual for Prior Military Service. Credit for Prior Military Service shall accrue at the following rate (check one): One month of military service credit for every _______ month(s) (insert number) of Credited Service with the Adopting Employer. One year of military service credit for every _____ year(s) (insert number) of Credited Service with the Adopting Employer. All military service shall be creditable (subject to any caps imposed above) after the Participant has completed _______ years (insert number) of Credited Service with the Employer. Other requirement (must specify): _____________________________________ _________________________________________________________________ Payment for Prior Military Service Credit (check one): Participants shall not be required to pay for military service credit. Participants shall be required to pay for military service credit as follows: The Participant must pay ____% of the actuarial cost of the service credit (as defined below). The Participant must pay an amount equal to (must specify): __________ ____________________________________________________________ Other Conditions for Award of Prior Military Service Credit (must specify): ______________________________________________________________________________ Limitations on Service Credit Purchases. For purposes of this section and the following section concerning prior governmental service credit, the term "actuarial cost of the service credit" means the present value of the Accrued Benefit relating to such additional service credit determined as of the payment date and calculated based upon the assumptions specified in Article XII, Section 7 of the Master Plan. In the case of a service credit purchase, the Participant shall be required to comply with any rules and regulations established by the GMEBS Board of Trustees concerning said purchases. The Employer may elect to allow Employees to make the purchase through payroll deduction and the Employer may pick-up the amount to be contributed by the Employee in accordance with Internal Revenue Code Section 414(h) and the Plan, subject to any conditions contained in GMEBS' rules and regulations concerning service credit purchases. GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 10 - PRIOR GOVERNMENTAL SERVICE Note: Prior service with other GMEBS employers shall be credited as provided under the Master Plan. The Adopting Employer may elect to treat governmental service rendered prior to a Participant's initial employment date or reemployment date as creditable service under the Plan. Subject to any limitations imposed by law, the term "prior governmental service" shall be as defined by the Adopting Employer below. The Employer elects to treat prior governmental service as follows (check one): Prior governmental service is not creditable under the Plan (if checked, skip to next section – Unused Sick/Vacation/Personal Leave). Prior governmental service shall be counted as Credited Service for the following purposes under the Plan (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. Definition of Prior Governmental Service. Prior governmental service shall be defined as follows: (must specify): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Unless otherwise specified above, prior governmental service shall include only full-time service (minimum hour requirement same as that applicable to Eligible Regular Employees). Maximum Credit for Prior Governmental Service. Credit for prior governmental service shall be limited to a maximum of ________ years (insert number). Rate of Accrual for Prior Governmental Service Credit. Credit for prior governmental service shall accrue at the following rate (check one): One month of prior governmental service credit for every _____ month(s) (insert number) of Credited Service with the Adopting Employer. One year of prior governmental service credit for every _____ year(s) (insert number) of Credited Service with the Adopting Employer. GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 11 - All prior governmental service shall be creditable (subject to any caps imposed above) after the Participant has completed _____ years (insert number) of Credited Service with the Adopting Employer. Other requirement (must specify): _____________________________________ Payment for Prior Governmental Service Credit. Participants shall not be required to pay for governmental service credit. Participants shall be required to pay for governmental service credit as follows: The Participant must pay ____% of the actuarial cost of the service credit. The Participant must pay an amount equal to (must specify): __________ ____________________________________________________________ UNUSED SICK/VACATION/PERSONAL LEAVE An Adopting Employer may elect to treat accumulated days of unused leave for which a terminated Participant is not paid as Credited Service. The Pension Committee shall be responsible to certify to GMEBS the total amount of unused leave which is creditable hereunder. The Employer elects the following treatment of unused leave: Unused leave shall not be treated as Credited Service (if checked, skip to next section – Retirement Eligibility). The following types of unused leave for which the Participant is not paid shall be treated as Credited Service under the Plan (check one or more as applicable): Unused sick leave Unused vacation leave Unused personal leave Other (must specify): _____________________________________________ Minimum Service Requirement. In order to receive credit for unused leave, a Participant must meet the following requirement at termination (check one): The Participant must be 100% vested in a normal retirement benefit. The Participant must have at least _______ years (insert number) of Total Credited Service (not including leave otherwise creditable under this section). Other (must specify): _______________________________________________ GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 12 - Use of Unused Leave Credit. Unused leave shall count as Credited Service for the following purposes under the Plan (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. Maximum Credit for Unused Leave. Credit for unused leave shall be limited to a maximum of _____ months (insert number). Computation of Unused Leave. Unless otherwise specified by the Adopting Employer under "Other Conditions" below, each twenty (20) days of creditable unused leave shall constitute one (1) complete month of Credited Service under the Plan. Partial months shall not be credited. Other Conditions (please specify): ________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ RETIREMENT ELIGIBILITY EARLY RETIREMENT QUALIFICATIONS Early retirement qualifications are (check one or more as applicable): Attainment of age 55 (insert number) Completion of 10 years (insert number) of Total Credited Service Exceptions: If different early retirement eligibility requirements apply to a particular class or classes of Eligible Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Eligible Employees to whom exception applies (must specify): ______________________________________________________________________________ GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 13 - Early retirement qualifications for excepted class(es) are (check one or more as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service NORMAL RETIREMENT QUALIFICATIONS Note: Please complete this section and also list "Alternative" Normal Retirement Qualifications, if any, in next section. Regular Employees Normal retirement qualifications for Regular Employees are (check one or more as applicable): Attainment of age 65 (insert number) Completion of 7 years (insert number) of Total Credited Service Exceptions: If different normal retirement qualifications apply to a particular class or classes of Regular Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Class(es) of Regular Employees to whom exception applies (must specify): ________________ ______________________________________________________________________________ Normal retirement qualifications for excepted class(es) are (check one or more as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service Elected or Appointed Members of Governing Authority Complete this section only if elected or appointed members of the Governing Authority or Municipal Legal Officers are permitted to participate in the Plan. Normal retirement qualifications for this class are (check one or more as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 14 - ALTERNATIVE NORMAL RETIREMENT QUALIFICATIONS Please skip to the next section (Disability Benefit Qualifications) if the Adopting Employer does not offer alternative normal retirement benefits under the Plan. The Employer may elect to permit Participants to retire with unreduced benefits after they satisfy service and/or age requirements other than the regular normal retirement qualifications specified above. The Employer hereby adopts the following alternative normal retirement qualifications: Alternative Normal Retirement Qualifications (check one or more, as applicable): Alternative Minimum Age & Service Qualifications. (if checked, please complete one or more items below, as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): ____________________________________________________________ A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the above qualifications in order to qualify for this alternative normal retirement benefit. Rule of _______ (insert number). The Participant's combined Total Credited Service and age must equal or exceed this number. Please complete additional items below: To qualify for this alternative normal retirement benefit, the Participant (check one): must have attained at least age ______ (insert number) must not satisfy any minimum age requirement. This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): ____________________________________________________________ A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the Rule in order to qualify for this alternative normal retirement benefit. GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 15 - Alternative Minimum Service. A Participant is eligible for an alternative normal retirement benefit if he has at least ________ years (insert number) of Total Credited Service, regardless of the Participant's age. This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): ____________________________________________________________ Other Alternative Normal Retirement Benefit. Must specify qualifications: _________________________________________ __________________________________________________________________ __________________________________________________________________ This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): ____________________________________________________________ DISABILITY BENEFIT QUALIFICATIONS Please skip to the next section (Retirement Benefit Computation) if the Adopting Employer does not offer disability retirement benefits under the Plan. Subject to the other terms and conditions of the Master Plan, disability retirement qualifications are based upon Social Security Administration award criteria or as otherwise provided under Article II, Section 19 of the Master Plan. To qualify for a disability benefit, a Participant must have the following minimum number of years of Total Credited Service: No minimum. _______ years (insert number) of Total Credited Service. Other requirement (must specify): _____________________________________ GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 16 - RETIREMENT BENEFIT COMPUTATION MAXIMUM TOTAL CREDITED SERVICE The number of years of Total Credited Service which may be used to calculate a benefit is (check one): not limited. limited to _________ years. limited to ________ years as an elected or appointed member of the Governing Authority or Municipal Legal Officer. MONTHLY NORMAL RETIREMENT BENEFIT AMOUNT Regular Employees The monthly normal retirement benefit for Eligible Regular Employees shall be 1/12 of (check one): Flat Percentage Formula. 2.75% (insert percentage) of Final Average Earnings multiplied by years of Total Credited Service as an Eligible Regular Employee. Split Formula (Dynamic Break Point). _____ % (insert percentage) of Final Average Earnings up to the amount of Covered Compensation as defined in Article II, Section 15 of the Master Plan (Dynamic Break Point), plus ______% (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. Split Formula (Table Break Point). ______% (insert percentage) of Final Average Earnings up to the amount of Covered Compensation as defined in Article II, Section 16 of the Master Plan (Table Break Point), plus ______% (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. Grandfathered Split Formula. For Eligible Regular Employees employed on or after _______________________, (insert date) and for Eligible Regular Employees employed prior to said date only when application of this formula would result in a higher benefit than the benefit as determined under the following sentence, __________ % (insert percentage) of Final Average Earnings up to the amount of Covered Compensation as defined in Article II, Section 15 of the GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 17 - Master Plan (Dynamic Break Point), plus __________% (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. For Regular Employees employed prior to ___________________________, (insert date) only when application of this formula would result in a higher benefit than the benefit as determined under the preceding sentence,_____________% (insert percentage) of Final Average Earnings up to the amount of Covered Compensation as defined in Article II, Section 16 of the Master Plan (Table Break Point), plus _________% (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. Other Formula (must specify): _______________________________________ Exceptions: If a formula other than that specified above applies to a special class(es) of Eligible Regular Employees, the Employer must specify below the class(es) to whom the different formula applies and indicate below the formula applicable to them. Class(es) of Regular Employees to whom exception applies (must specify): ________________ ______________________________________________________________________________ Benefit formula for excepted class (must specify):_____________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Final Average Earnings Final Average Earnings is defined as (check one): The annual average of Earnings paid to a Participant by the Adopting Employer for the 5 (insert number not to exceed 5) consecutive years (12 month periods) of Credited Service preceding the Participant's most recent Termination in which the Participant's Earnings were the highest. Note: GMEBS has prescribed forms for calculation of Final Average Earnings that must be used for this purpose. Other method of calculation (must specify): GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 18 - Elected or Appointed Members of the Governing Authority Complete this section only if elected or appointed members of the Governing Authority or Municipal Legal Officers are permitted to participate in the Plan. The monthly normal retirement benefit for members of this class shall be as follows (check one): $_________ (insert dollar amount) per month for each year of Total Credited Service as an elected or appointed member of the Governing Authority or Municipal Legal Officer or major fraction thereof (6 months and 1 day). Other formula (must specify): _________________________________________ __________________________________________________________________ Exceptions: If a different formula from that specified above applies to a particular class of elected or appointed members of the Governing Authority or Municipal Legal Officers, the Employer must specify below the class to whom the different formula applies and indicate below the formula applicable to them. Those to whom exception applies (must specify): _____________________________________ ______________________________________________________________________________ Benefit formula for excepted class (must specify): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ MONTHLY EARLY RETIREMENT BENEFIT AMOUNT (check one): The monthly Early Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced on an Actuarially Equivalent basis in accordance with Article XII, Section 1 of the Master Plan to account for early commencement of benefits. The monthly Early Retirement benefit shall be computed as follows (must specify): GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 19 - MONTHLY LATE RETIREMENT BENEFIT AMOUNT (check one): The monthly Late Retirement benefit shall be computed in the same manner as the Normal Retirement Benefit, based upon the Participant's Accrued Benefit as of his Late Retirement Date. The monthly Late Retirement benefit shall be the greater of: (1) the monthly retirement benefit accrued as of the Participant's Normal Retirement Date, actuarially increased in accordance with the actuarial table contained in Article XII, Section 6 of the Master Plan; or (2) the monthly retirement benefit accrued as of the Participant's Late Retirement Date, without further actuarial adjustment under Article XII, Section 6 of the Master Plan. MONTHLY DISABILITY BENEFIT AMOUNT Complete this section only if the Adopting Employer elects to provide Disability retirement benefits. The amount of the monthly Disability Benefit shall be computed as follows (check one): The monthly Disability benefit shall be computed in the same manner as the Normal Retirement benefit, based upon the Participant's Accrued Benefit as of his Disability Retirement Date. Other method (must specify): _________________________________________ Minimum Disability Benefit. The Adopting Employer may set a minimum Disability Benefit. The Employer elects the following minimum Disability benefit (check one): No minimum is established. No less than (check one): 20% 10% ____% (if other than 20% or 10% insert percentage amount) of the Participant's average monthly Earnings for the 12 calendar month period immediately preceding his Termination of Employment as a result of a Disability. No less than (check one): 66 2/3 % ______% (if other than 66 2/3%, insert percentage amount) of the Participant's average monthly Earnings for the 12 calendar month period immediately preceding his Termination of Employment as a result of a Disability, less any benefits paid from Workers Compensation, federal Social Security benefits as a result of disability, any state compulsory disability plan, and any disability income plan paid by the Employer. Other Minimum (must specify): _______________________________________ __________________________________________________________________ GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 20 - BENEFIT CAP FOR ELECTED OFFICIALS Complete this section only if elected or appointed members of the Governing Authority participate in the Plan. In addition to any other limitations imposed by federal or state law, the Employer may impose a cap on the monthly benefit amount that may be received by elected or appointed members of the Governing Authority. The Employer elects (check one): No cap. Monthly benefit for Service as an elected or appointed member of the Governing Authority may not exceed 100% of the Participant's final salary as an elected or appointed member of the Governing Authority. Other cap (must specify): ____________________________________________ DISTRIBUTIONS FOR THOSE WHO REMAIN IN SERVICE AFTER NORMAL RETIREMENT The Employer may elect to permit active Participants who have satisfied the Employer's qualifications for Normal Retirement or Alternative Normal Retirement to begin drawing their retirement benefit even though they have not yet terminated employment with Employer, subject to the terms of the Master Plan. The Employer makes the following election in this regard (check one): Distribution of retirement benefits is not permitted until the Participant has terminated employment and otherwise qualifies for receipt of benefits. Participants who have satisfied the qualifications for Normal Retirement or Alternative Normal Retirement may begin drawing their Normal Retirement benefit even though they remain in the service of the Employer. This provision applies to (check one): All Participants Only Participants in the following classes (in-service distributions not permitted for any others) (must specify): GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 21 - COST OF LIVING ADJUSTMENT The Employer may elect to provide for a cost-of-living adjustment (COLA) in the amount of benefits being received by Retired Participants and Beneficiaries, which shall be calculated and paid in accordance with the terms of the Master Plan. The Employer hereby elects the following (check one): No cost-of-living adjustment. Variable Annual cost-of-living adjustment not to exceed ______% (insert percentage). Fixed annual cost-of-living adjustment equal to ______% (insert percentage). The above cost-of-living adjustment shall apply with respect to Participants (and their Beneficiaries) who terminate employment on or after _________________ (insert date). RE-EMPLOYMENT AFTER RETIREMENT Reemployment After Normal Retirement. In the event a Retired Participant is reemployed with the Employer as an Eligible Employee after his Normal Retirement Date, the following rule shall apply (check one): The Participant's benefit shall be suspended in accordance with Article VI, Section 6(a) of the Master Plan for as long as the Participant remains employed. The Participant may continue to receive his retirement benefit in accordance with Article VI, Section 6(c) of the Master Plan. This rule shall apply to (check one): all Retired Participants only the following classes of Retired Participants (must specify - benefits of those Retired Participants not listed shall be suspended in accordance with Article VI, Section 6(a) of the Master Plan if they return to work with the Employer): __________________________________________________________________ Reemployment After Early Retirement. In the event a Participant retires with an Early Retirement benefit and is reemployed with the Employer as an Eligible Employee before his Normal Retirement Date, the following rule shall apply (check one): The Participant's Early Retirement benefit shall be suspended in accordance with Article VI, Section 6(a) of the Master Plan for as long as the Participant remains employed. The Participant's eligibility to continue receiving Early Retirement benefits shall be subject to the following limitations (if this item is checked, check one of the following): GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 22 - The Participant's Early Retirement benefit shall be suspended. However, the Participant may again begin receiving benefits after he satisfies the qualifications for Normal Retirement or alternative Normal Retirement in accordance with Article VI, Section 6(d) of the Master Plan. The Participant may continue receiving his Early Retirement benefit in accordance with Article VI, Section 6(e) of the Master Plan, provided his initial retirement was in good faith and he does not return to employment with the Employer for a minimum of _____ months (insert number no less than 6) following his effective Retirement date. If this requirement is not met, the Participant's benefit shall be suspended until he satisfies the qualifications for Normal Retirement or alternative Normal Retirement in accordance with Article VI, Section 6(d) of the Master Plan. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING Eligible Regular Employees Subject to the terms and conditions of the Master Plan, a Participant who is an Eligible Regular Employee and whose employment is terminated for any reason other than death or retirement shall earn a vested right in his accrued retirement benefit in accordance with the following schedule (check one): No vesting schedule (immediate vesting). Cliff Vesting Schedule. Benefits shall be 100% vested after the Participant has a minimum of 7 years (insert number not to exceed 10) of Total Credited Service. Benefits remain 0% vested until the Participant satisfies this minimum. Graduated Vesting Schedule. Benefits shall become vested in accordance with the following schedule (insert percentages): COMPLETED YEARS OF TOTAL CREDITED SERVICE VESTED PERCENTAGE 1 % 2 % 3 % 4 % 5 % 6 % 7 % 8 % 9 % 10 % GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 23 - Exceptions: If a vesting schedule other than that specified above applies to a special class(es) of Regular Employees, the Employer must specify the different vesting schedule below and the class(es) to whom the different vesting schedule applies. Regular Employees to whom exception applies (must specify): ______________________________________________________________________________ Vesting Schedule for excepted class (must specify):____________________________________ ______________________________________________________________________________ Elected or Appointed Members of the Governing Authority Complete this Section only if Elected or Appointed Members of the Governing Authority are permitted to participate in the Plan. Subject to the terms and conditions of the Master Plan, a Participant who is an elected or appointed member of the Governing Authority or a Municipal Legal Officer shall earn a vested right in his accrued retirement benefit for Credited Service in such capacity in accordance with the following schedule (check one): No vesting schedule (immediate vesting). Other vesting schedule (must specify): __________________________________________________________________ PRE-RETIREMENT DEATH BENEFITS IN-SERVICE DEATH BENEFIT Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following in-service death benefit, to be payable in the event that an eligible Participant's employment with the Employer is terminated by reason of death prior to Retirement (check and complete one): Auto A Death Benefit. A monthly benefit payable to the Participant's Pre- Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant, had he elected a 100% joint and survivor benefit under Article VII, Section 3 of the Master Plan. In order to be eligible for this benefit, a Participant must meet the following requirements (check one): The Participant must be vested in a normal retirement benefit. The Participant must have ______ years (insert number) of Total Credited Service. The Participant must be eligible for Early or Normal Retirement. GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 24 - Other eligibility requirement (must specify): ____________________________________________________________ Actuarial Reserve Death Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary, actuarially equivalent to the reserve required for the Participant's anticipated Normal Retirement benefit, provided the Participant meets the following eligibility conditions (check one): The Participant shall be eligible immediately upon becoming a Participant. The Participant must have _____ years (insert number) of Total Credited Service. Other eligibility requirement (must specify): ____________________________________________________________ Imputed Service. For purposes of computing the actuarial reserve death benefit, the Participant's Total Credited Service shall include (check one): Total Credited Service accrued prior to the date of the Participant's death. Total Credited Service accrued prior to the date of the Participant's death, plus (check one): one-half (½) ___________ (insert other fraction) of the Service between such date of death and what would otherwise have been the Participant's Normal Retirement Date. Exceptions: If an in-service death benefit other than that specified above applies to one or more classes of Participants, the Employer must specify below the death benefit payable, the class(es) to whom the different death benefit applies, and the eligibility conditions for said death benefit. Alternative Death Benefit (must specify): ___________________________________________ Participants to whom alternative death benefit applies (must specify): _______________ ______________________________________________________________________________ Eligibility conditions for alternative death benefit (must specify):_________________________ TERMINATED VESTED DEATH BENEFIT Complete this Section only if the Employer offers a terminated vested death benefit. The Employer may elect to provide a terminated vested death benefit, to be payable in the event that a Participant who is vested dies after termination of employment but before Retirement benefits commence. Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following terminated vested death benefit (check one): GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 25 - Auto A Death Benefit. A monthly benefit payable to the Participant's Pre- Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant had he elected a 100% joint and survivor benefit under Article VII, Section 3 of the Master Plan. Accrued Retirement Benefit. A monthly benefit payable to the Participant's Pre- Retirement Beneficiary which shall be actuarially equivalent to the Participant's Accrued Normal Retirement Benefit determined as of the date of death. Exceptions: If a terminated vested death benefit other than that specified above applies to one or more classes of Participants, the Employer must specify below the death benefit payable, the class(es) to whom the different death benefit applies, and the eligibility conditions for said death benefit. Alternative Death Benefit (must specify): ___________________________________________ Participants to whom alternative death benefit applies (must specify): ____________________ _____________________________________________________________________________. Eligibility conditions for alternative death benefit (must specify): _______________________ _____________________________________________________________________________. EMPLOYEE CONTRIBUTIONS Employee contributions (check one): Are not required. Are required in the amount of 3.0 % (insert percentage) of Earnings for all Eligible Employees. Employee contributions shall commence as of the first payroll period beginning on or after April 1, 2007. Are required in the amount of _____ % (insert percentage) of Earnings for Participants in the following classes (must specify): _______________________ __________________________________________________________________ Pre-Tax Treatment of Employee Contributions. If employee contributions are required, an Adopting Employer may elect to "pick-up" employee contributions to the Plan in accordance with IRC Section 414(h). In such case employee contributions shall be made on a pre-tax rather than a post-tax basis, provided the requirements of Section 414(h) are met. If the Employer elects to pick-up employee contributions, it is the Employer's responsibility to ensure that employee contributions are paid and reported in accordance with Section 414(h). The Employer hereby elects (check one): To pick-up employee contributions. GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 26 - Not to pick-up employee contributions. Interest on Employee Contributions. The Adopting Employer may elect to pay interest on any refund of Employee Contributions. Interest shall not be paid. Interest shall be paid on a refund of Employee Contributions at a rate established by GMEBS from time to time. EMPLOYER ADOPTION The Adopting Employer hereby agrees to abide by the Master Plan, Trust Agreement, bylaws, and rules and regulations adopted by the Board of Trustees of GMEBS, as each may be amended from time to time, in all matters pertaining to the operation and administration of the Plan. It is intended that the Act creating the Board of Trustees of GMEBS, the bylaws of the Board, the rules and regulations of the Board, and this Plan are to be construed in harmony with each other. In the event of a conflict between the provisions of any of the foregoing, they shall govern in the following order: (1) The Act creating the Board of Trustees of the Georgia Municipal Employees Benefit System, O.C.G.A. Section 47-5-1 et seq. and any other applicable provisions of O.C.G.A. Title 47; (2) The bylaws of the Board; (3) The rules and regulations of the Board; (4) This Ordinance and Adoption Agreement. In the event that any section, subsection, sentence, clause or phrase of this Plan shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions or the other section or sections, subsections, sentences, clauses or phrases of this Plan, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not originally a part hereof. The Governing Authority hereby declares that it would have passed the remaining parts of this Plan or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. The Adopting Employer understands that failure to properly complete this Adoption Agreement may result in the Adopting Employer's plan not being qualified under the Internal Revenue Code. The Adopting Employer also agrees it will inform the Board of any amendments to this Adoption Agreement, its Plan, or the discontinuance, abandonment or termination of its Plan. GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 27 - AN ORDINANCE (continued from page 1) Section 2. Except as otherwise specifically required by law or by the terms of the Master Plan or Adoption Agreement, the rights and obligations under the Plan with respect to persons whose employment or term of office with the City was terminated for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, if any, as it existed and was in effect at the time of such termination. Section 3. The effective date of this Ordinance shall be April 1, 2007. Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly repealed. Approved by the Mayor and Council of the City of Milton, Georgia this _______ day of _____________________, 2007. Attest: CITY OF MILTON, GEORGIA _______________________ ____________________________________ City Clerk Mayor (SEAL) Approved: __________________________ City Attorney The terms of the foregoing Adoption Agreement are approved by the Board of Trustees of the Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of the Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed this ______ day of __________________________, 20____. Board of Trustees Georgia Municipal Employees Benefit System (SEAL) ____________________________________ Secretary GMEBS - Defined Benefit Plan Adoption Agreement (City of Milton – Effective April 1, 2007) - 28 - 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: February 12, 2007 For Submission onto the March 1, 2007 City Council Agenda – First Reading and March 15, 2007 City Council Agenda – Second Reading Agenda Item: An Ordinance Adopting Rules and Procedures for the Engagement of Legal Services for the City of Milton, Georgia CMO (City Manager’s Office) Recommendation: Approve the attached ordinance adopting the Rules and Procedures of Engagement of Legal Services for 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 operations. Such documents outline how staff will utilize resources to maximize the ability to meet the goals of the mayor and city council. These policies stand as the backbone for staff and elected officials to refer to in one of the many critical functions of any government, in this case, the engagement of legal services. The attached Rules of Procedure were drafted after conversations on this topic occurred with several elected officials and the city attorney. Further, during the retreat on February 8-9, 2007, further discussions occurred. In addition, when reviewing the current financial position of the organization and the roles and responsibilities of the city manager, it became evident that by defining the engagement process for legal services, the City could ensure the management of resources in the most efficient and effective means possible. Discussion: The attached ordinance and Rules of Procedure establishes a protocol in which Council members engage the city attorney for legal services. The policy recommends the process should originate with the city manager, except when cases arise which prevent this occurrence, i.e. ethical or performance issues wit the city manager. Further, it defines the method in which expenses will be paid to the outside law firm employing the city attorney, and the annual appropriation process. The various other sections of the Rules and Procedures include information contained in the city’s charter, House Bill 1470. Alternatives: N/A Concurrent Review: N/A ORDINANCE NO. 2007-______ STATE OF GEORGIA COUNTY OF FULTON A ORDINANCE ADOPTING RULES AND PROCEDURES FOR THE ENGAGEMENT OF LEGAL SERVICES FOR THE CITY OF MILTON, GEORGIA WHEREAS, well-organized operations allow for staff to maximize resources while responding to City Council initiatives and priorities in a fair and consistent manner; and WHEREAS, efficiency is served when the process of engaging staff and expending resources of the organization is clearly stated and understood by public officials and staff; and WHEREAS, accountability for public resources expended and utilized in the operation of the government is a key element to financial stewardship in the City of Milton. NOW, THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS that the Rules and Procedures for the Engagement of Legal Services shall be used when legal services are necessary and shall be conducted in accordance with the provisions of this ordinance. SECTION 1. That the Rules of Procedures for the Engagement of Legal Services are adopted and attached hereto as if fully set forth herein; and SECTION 2. That the first reading of this Ordinance was held on March 1, 2007; and SECTION 3. That this Ordinance shall become effective upon its adoption. SECTION 4. That all ordinances or sections of ordinances in conflict with this ordinance are hereby repealed. ORDAINED while in regular session on the ______ day of ___________, 2007 at _____ pm. Approved: _____________________________ Mayor Attest: ___________________________ City Clerk (Seal) City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 X:\City Clerk\Master Agendas 2007\March 1\Rules of Engagement for City Attorney.doc RULES AND PROCEDURES FOR THE ENGAGEMENT OF LEGAL SERVICES Section 1. Selection. Pursuant to House Bill 1470, the city’s charter, the mayor shall nominate and the city council shall confirm by a majority vote a city attorney who shall be a member of the State Bar of Georgia and who shall have actively practiced law for at least one year. Any such nomination shall occur in the form of a resolution at a regularly scheduled city council meeting. Section 2. Duties. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city’s affairs, and shall perform such other duties as may be required by virtue of the position of city attorney. Section 3. Compensation. The city council shall provide for the compensation of the city attorney. Section 4. Appropriation. An annual appropriation shall be made for legal services in the City’s financial plan (annual budget). Such appropriation shall be made in conjunction with the city attorney’s input and review. Once the appropriation is finalized, the city manager and city attorney shall utilize these resources and allocate funds to maximize staff’s ability to meet the annual prioritized work plan of the government. Section 5. Engagement for Services. Pursuant to Section 3.25 of the city’s charter, the city manager is responsible to direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law. Because legal services are not specifically exempted, the rules of engagement for legal services to be rendered by the city attorney shall be consistent with the engagement of all city employees, department heads, contractors, service providers, or agencies working for the benefit of the government. (a) The city manager shall manage the projects and work product of the city attorney through the annual work plan adopted by the mayor and city council; (b) A legal opinion and position shall be researched and presented on all business items in which the mayor and council consider; (c) The mayor and city council shall, consistent with all matters and Section 3.28 of the city’s charter (Council’s interference with administration), direct questions regarding business items through the city manager who will facilitate a response, including when necessary the engagement of the city attorney. City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 X:\City Clerk\Master Agendas 2007\March 1\Rules of Engagement for City Attorney.doc (d) Should a perceived ethical, moral, or business conflict exist with first engaging the city manager, elected officials shall direct questions to the mayor, who will determine if the perceived conflict actually exists. Should the mayor perceive a conflict exists, the mayor shall engage the city attorney for legal advice on behalf of the council. Should the mayor perceive no conflict exists, the mayor shall direct the elected official to engage the city manager pursuant to operating protocols contained within this policy. Section 6. Bill for services. The city attorney shall submit a monthly bill to the government. Such invoice/bill shall detail the work performed as initiated by the city manager, in a format specified by the city manager which facilitates the accurate tracking of legal costs associated by each project assigned to the city attorney. City of Milton 13000 Deerfield Parkway, Building 100, Milton, Georgia 30004 Page 1 of 1 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, Public Safety Director Date: February 5, 2007 for submission onto the March 1, 2007 Council Meeting Agenda Agenda Item: A resolution to approve the use of speed detection devices by its law enforcement officials CMO (City Manager’s Office) Recommendation: Approve the attached resolution which will approve and allow the use of speed detection devices by Milton Police officers. Background: Speeding vehicles in or through the City of Milton pose a serious threat to the public health, safety and welfare of the citizens of Milton and enforcement with speed detection devices is one way to address this safety issue. Discussion: This resolution approves the use of speed detection devices by police officers in Milton and will allow the procurement of lawful speed detection devices. Alternatives: N/A Concurrent Review: N/A RESOLUTION NO. ______ STATE OF GEORGIA COUNTY OF FULTON A RESOLUTION TO APPROVE THE USE OF SPEED DETECTION DEVICES BY ITS LAW ENFORCEMENT OFFICIALS BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on March 1, 2007 at 7:00 p.m. as follows: WHEREAS, speeding vehicles in or through the City of Milton pose a serious threat to the public health, safety and welfare of the citizens of Milton. WHEREAS, the City of Milton’s Law Enforcement Department is lawfully authorized to exercise the powers of arrest and to enforce the traffic laws of this state. WHEREAS, the Milton City Council has determined that it is in the best interest of the citizens of this City to authorize the City of Milton’s Law Enforcement Department to utilize speed detection devices within their lawful jurisdiction. 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. That the City of Milton hereby desires and approves the use of speed detection devices by its law enforcement officials consistent with the laws and regulations of the State of Georgia. RESOLVED this 1st day of March, 2007. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Suite 107, Milton, GA 30004 To: Honorable Mayor and City Council Members From: Bill Doughty, APR, Communication Manager Date: February 12, 2007 for Submission onto the March 1, 2007 City Council Meeting Agenda Item: Resolution in Support of Extending the Special One Percent Sales Tax for Education Purposes CMO (City Manager’s Office) Recommendation: To approve the attached resolution supporting renewal of the Special Purpose Local Option Sales Tax (SPLOST) going before voters in a March 20, 2007 referendum. Background: The one penny sales tax, first approved by voters in March 1997 and renewed in March 2002. has raised almost $1 billion in revenue, with an estimated 40 percent of those funds coming from people who live outside of Fulton County. The school system used that SPLOST revenue to build 29 new schools including four inside the City of Milton – Cogburn Woods and Summit Hill elementary schools, Hopewell Middle School and Milton High School – and additions at 18 other schools, including a science addition at Crabapple Middle School. Discussion: The Fulton County School System continues to experience unprecedented enrollment growth which, combined with anticipated additional growth, class-size reductions and program-driven instructional needs, requires additional classrooms, equipment, instructional materials and facilities including technology upgrades and safety and security enhancements. This resolution places the Mayor and City Council on record as supporting the extension of the one-cent sales tax to provide financial resources to address the needs articulated above while also reducing the tax burden for all Fulton County residents. Alternatives: The Fulton County School System’s only alternative in meeting these needs is through bond issues, which increase the tax burden on all Fulton County property owners. Concurrent Review: Aaron J. Bovos, CGFM, CTP, City Manager Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION IN SUPPORT OF EXTENDING THE SPECIAL ONE PERCENT SALES TAX FOR EDUCATIONAL PURPOSES BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on March 1, 2007 at 7:00 p.m. as follows: Whereas, Education is essential for the well-being and development of the children of Fulton County including those residing in the City of Milton; and Whereas, A well-educated population benefits all citizens and contributes to their economic prosperity and cultural and social betterment; and Whereas, Such benefits can be realized only by providing an adequate system of funding for the educational needs of Fulton County; and Whereas, The growing population of Fulton County has caused overcrowding of many students; and Whereas, Aging school facilities in Fulton County are in need of renovation and modification to meet the instructional needs of today’s students; and Whereas, In order to overcome these problems, the Fulton County Board of Education has developed capital programs for the expansion and renovation of existing schools, and construction of new schools; and Whereas, The Fulton County Board of Education has identified needs in other areas, such as technology, furnishings, buses, equipment, debt relief and land purchases; and Whereas, Funding of the respective capital programs will greatly improve the educational environment of students throughout Fulton County schools including those in the City of Milton; and Whereas, Pursuant to article VIII, Section VI, Paragraph IV of the Constitution of the State of Georgia, there is currently in effect in Fulton County a special 1% sales tax for educational purposes; and Whereas, The existing 1% sales tax for educational purposes has benefited all Fulton County residents by reducing property taxes, improving instructional services, and meeting capital needs; and Page 2 of 2 Whereas, An extension of the special 1% sales tax for educational purposes is essential to raising the funds necessary to address capital needs in Fulton County, including the City of Milton; and Whereas, The Fulton County Board of Education intends to ask the voters of Fulton County to extend the special 1% sales tax, at an election to be held on March 20, 2007; and Whereas, If approved, the extension of the special 1% sales tax would be used to continue needed capital improvements and provide debt relief; and Whereas, The Milton City Council recognizes the need for and benefits to be gained by completion of the programs planned by the Fulton County Board of Education; and Whereas, The Milton City Council believes that extension of the sales tax for educational purposes is essential to achieving the goals of the respective Boards of Education and will be beneficial to the well-being of all the citizens of Fulton County. Now, therefore, be it resolved, that the Milton City Council hereby expresses its support for extension of the special 1% sales tax for educational purposes in Fulton County; and Be it further resolved, that the Milton City Council extends its best wishes to the administrators, faculty and students and the Fulton County school system as they embark on a program of improvement and expansion of their facilities. RESOLVED this the 1st day of March, 2007. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) 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: February 12, 2007 For Submission onto the March 1, 2007 City Council Agenda Agenda Item: A Resolution Approving the Fiscal Year 2007 Work Plan for the City of Milton, Georgia CMO (City Manager’s Office) Recommendation: Approve the attached resolution adopting the Fiscal Year 2007 Work Plan for the City of Milton thereby providing a prioritized list of projects for city staff. Background: On an annual basis, the City of Milton will adopt a work plan providing the upcoming year’s priorities. Traditionally this activity will be done during the annual budget process so that the appropriation process can be tied to the work being performed; however, for our first fiscal year these activities are being completed independently of each other. The goal of approving the work plan and accomplishing the list of projects is to best represent the goals of the Mayor and City Council on an annual on-going basis in a dynamic environment. Because not all activities can be foreseen, the attached resolution outlines those projects which are larger in scope and require substantial staff effort and/or resources. Priorities listed on the attached documents represent those items represented by the community to the elected officials to be the most critical and substantial for the welfare and promotion of our community. Discussion: During the February 8 and 9, 2007 retreat, the Mayor and Council brainstormed a list of potential projects they would like to see completed. The list was then prioritized through a non-binding voting process and formulated as attached. Once the list is approved, staff will begin to formulate a detailed project worksheet which will provide the roadmap to completion for each of the projects. Each of the project worksheets will be reviewed to insure citizen participation and an aggressive schedule which promotes prompt action without being unduly burdensome to staff. Routine updates will be provided to the elected officials and staff on the specific projects within the annual work plan. Alternatives: N/A Concurrent Review: N/A RESOLUTION NO. _______________ STATE OF GEORGIA COUNTY OF FULTON A RESOLUTION ESTABLISHING THE FISCAL YEAR 2007 WORK PLAN FOR ALL DEPARTMENTS AND SERVICES OF THE CITY OF MILTON, GEORGIA AND DIRECTING THE CITY MANAGER TO FORMALLY MANAGE SUCH PRIORITY PROJECTS; AND FOR OTHER PURPOSES WHEREAS, the City of Milton will adopt an annual work plan distinguishing the priority projects of the Mayor and City Council; WHEREAS, such work plan will traditionally be a part of the annual financial planning process and be adopted when the annual budget is approved to insure sufficient resources are dedicated to the necessary projects; and WHEREAS, City staff will prepare documents on each project providing details on the appropriate actions to complete the projects in an aggressive manner without being unduly burdensome to staff; and WHEREAS, the Mayor and City Council prioritized the following list of projects during the February 8 and 9, 2007 retreat: Legacy Projects 1. Update or Amend the Comprehensive Land Use Plan; 2. Advance Overlays in Key Commercial Corridors as soon as Practical; 3. Adopt a Tree Ordinance; Non-Legacy Projects 4. Annexation Dispute Resolution; 5. Adoption of a Noise Ordinance; 6. Closing of Sewer Ordinance Loopholes; 7. Develop a plan for alleviating safety and congestion problems at three key interestctions: Crabapple, Bethany Bend, and Birmingham/Providence; 8. Adopt a new Sign Ordinance; 9. Certified City of Ethics Designation; 10. Capital Improvement Program and LARP Funding; and 11. Milton Volunteer Pacers – recruit more people to work on city projects and programs. 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 approve the attached list of projects as the annual work plan for the City of Milton. Further, the Mayor and City Council authorize the City Manager to manage these projects in the most effective and efficient manner possible to accomplish these goals and to utilize the necessary government resources in a respectful manner to supplement staff. This resolution shall be effective immediately upon its adoption. RESOLVED this 1st day of March, 2007. Approved: ____________________________ Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) 1 Milton City Council Planning Retreat February 1 & 2, 2007 Report & Summary Prepared by: Scot Wrighton Carl Vinson Institute of Government The University of Georgia (706) 542-9528 wrighton@cviog.uga.edu 2 CITY OF MILTON MAYOR & COUNCIL RETREAT FEBRUARY 1 & 2, 2007 HILTON GARDEN INN – ALPHARETTA AGENDA February 1: 9:00 am – Breakfast 9:30 am - Welcome, Introductions, Retreat Objectives, exercise on "looking at things differently" 9:45 am – Milton Values, Mission Statement, and Branding of Core Values; Clarifying the distinctions between, & distinctives of, Milton's mission, vision and values 11:30 am – Lunch on site 12:15 pm – Milton Values, Mission Statement, and Branding (cont’d) - Mission Statement Development - Branding, Public Perceptions 1:45 pm What are the "legacy projects" that fit and exemplify the tentative mission, vision and values statements developed by the council earlier in the morning? 3:00 pm – Headline Exercise, and Closing Remarks/Statements February 2: 3 9:30 am – Roles & Responsibilities of Municipal Leaders in the Council-Manger form of Government - Mayor and City Council - City Manager - Key Staff - Committees February 2 (cont’d): - City Attorney - CH2M Hill - Others 11:30 am – Lunch on Site 12:15 – Goals, Priorities and Defining Work Plan for Upcoming Year: - Headlines for tomorrow - Develop initial project, program and priority list - City Achievements for 2007-08 - City Achievements for 2008-09 - Score and update prioritization of objectives - Staff reports related to council priorities 3:15 – Topics for Future Retreat 3:45 – Closing Remarks/Statements 4 After an opening exercise to reinforce the need to think about the future of Milton with fewer restraints, and free of the assumptions that sometimes limit the options of local government leaders, the Milton City Council set about drafting a vision statement that (when finished) would capture the essential nature of what made the new city unique and distinctive. This statement could then be used to communicate community vision to residents, guide public policy-making, and the land use decisions that were at the heart of why the city of Milton was created in the first place. After discussing the fundamental differences between mission statements, vision statements and organizational values, each city council member was asked to write what they thought of as the Milton Vision (i.e., where the city was going in the next 25 years and what governing body members wanted their community to look like). This exercise was called “The Vision Thing,” and produced the following first drafts: THE VISION THING FOR MILTON: A warm connected community that reflects and respects its history, in its architecture, social fabric and modern infrastructure. Distinctive community of businesses and residents maintaining the rural character of the area while providing essential services. Community where Georgia’s character is preserved in a unique rural equestrian oasis amidst a megalopolis by embracing history, human values and Mother Earth. Preserve and brand the unique characteristics of the Milton community for future generations including rural, agricultural, low density, equestrian area with a commitment to preserving trees, green spaces, water quality, historic assets and distinctive architecture design. Be an equestrian-centric green community focusing on historic preservation in a slower paced town-like atmosphere of limited government. Bridging the past and the future by incorporating historic properties and a pastoral farm setting; living in a community without fear and balancing community heritage with sustainable development. After a great deal more “word-smithing” the council consolidated their vision statements by crafting two versions of a statement (each essentially saying the same thing, but with difference emphasis points), and deferred final editing to a different time and place: (1)“Uniquely rural, slower paced, low density equestrian oasis in the midst of a sprawling and congested urban area.” (2)“Milton is a distinctive, equestrian-centric, deliberately rural, wooded community preserving an oasis of small town life and heritage.” 5 In the development of a vision statement for Milton, the city council identified the town’s characteristics which most guided their understanding of the community’s unique aspects. These included the following words: rural, equestrian, preservation, natural history, agricultural history, small settlements, limited government, trees and pastoral. During a subsequent discussion about the meaning of “limited government,” council members decided that they wanted Milton’s municipal organization to be less about “limited government” and more about: efficiency, public involvement and being comparatively unobtrusive. LEGACY PROJECTS: With their vision statements in mind, council members were then asked to list the ‘legacy projects’ that fit and exemplify it. The City Council settled on the following 13 projects, which were scored based on the importance attached to each (scores in parenthesis): (33) Update the 2005 Comp. Plan; this effort can include an inventory of existing resources and assets (24) Sewer/no sewer policy (25) Develop an architectural vision for the city, which could be incorporated in overlays, form-based zoning, etc. (26) Park development plan, with Birmingham Park as the first big project (17) Adopt a residential development ordinance (28) Develop & adopt a master plan for commercial corridors (20) Agree and adopt incentives that will retain existing equestrian farms (26) Green space plan which includes strategies for protection, purchase, & set aside of green space, conservation areas, and a trail network (15) Build a city hall consistent with the vision (26) Adopt a traffic management plan that discourages cross-county vehicular travel while incorporating context sensitive design that fits the city’s vision (16) Project to document Milton’s history, to preserve the heritage of crossroad and settlement areas (30) Adopt a tree ordinance (26) Adopt a historic preservation ordinance 6 RE-CAP OF TOP LEGACY PROJECTS (meaning those projects that the council said should proceed first) 1. Update or amend the Comp. Plan 2. Advance overlays of key commercial corridors as soon as practical 3. Adopt a tree ordinance Discussion followed about the balance that needs to be maintained in the creation of a new city between making measurable progress on new projects and initiatives (on the one hand), and making sure that the apparatus of basic municipal service delivery is functioning (on the other hand). With this in mind, staff and the City Council developed a list of what became known as “non-legacy projects.” These were less long term, and in many cases less glamorous programs, projects and initiatives of the local government, but which nonetheless needed to be accomplished for the city to begin to meet the expecta- tions of the citizens that approved the creation of the city by a wide electoral margin. After listing their “non-legacy projects”, the City Council took some off the list (shown with strike outs), and then assigned values to all of them, with the bold italicized items receiving the most votes). The “non-legacy projects” included: 1. Website development 2. Performance Measures 3. Implement a plan and process for public relations and other external communications 4. Adopt-a-Street/highway program 5. Certified City of Ethics designation 6. Adopt a new sign ordinance 7. Implement master scheduling for meetings, public appearances, training, etc. (schedule management) 8. Create and foster uniquely Milton events, such as the Crabapple Antiques Festival, Milton Family Day, etc. 9. Develop a plan for alleviating safety and congestion problems at 3 key intersections: Crabapple, Bethany Bend, and Birmingham/Providence. 10. Branding activities; including Milton post office designation, unique signage, appearance on DOT’s map, etc. 11. Annexation dispute resolution 12. Coordinate with schools and other governmental jurisdictions to partner with site developments, land use issues, service delivery, etc 13. Implement and update city processes and procedures so that Milton’s administrative “house” is in order 14. Citizen Deputy Program 15. Update the sidewalk policy 16. Enact Impact Fees 7 17. Recycling at parks and public facilities 18. Capital Improvement Program & LARP funding 19. Traffic Calming measures 20. Milton Volunteer Pacers; recruit more people to work on city projects and programs 21. Red Light camera use and enforcement 22. Adopt a noise ordinance 23. Closing of sewer ordinance loopholes RE-CAP OF THE TOP EIGHT NON-LEGACY PROJECTS: •1. Annexation dispute resolution •2. Adopt a noise ordinance •3. Closing of sewer ordinance loopholes •4. Develop a plan for alleviating safety and congestion problems at 3 key intersections: Crabapple, Bethany Bend, and Birmingham/Providence •5. Adopt a new sign ordinance •6. Certified City of Ethics designation •7. Capital Improvement Program & LARP funding • 8. Milton Volunteer Pacers; recruit more people to work on city projects and programs On the second day of the Milton Retreat, council members devoted a significant amount of time to discussing how the intricacies and nuances of the council-manager form of government can be effectively implemented in their new city. The council reached some conclusions, but none were finalized; these included: 1. The city’s comprehensive plan (current or subsequently amended versions) should be a guiding policy document in making land use decisions. Council members should feel free to impress upon their appointees to the Planning Commission that the implementation of this plan should be their primary focus. 2. The city council will not appoint standing committees of the governing body to oversee the operations of city government; this would undermine the city manager. 8 3. The members of the city council should limit their direct contacts to the city attorney to questions of conflict of interest, which they may individually have, in their capacity as a member of the Milton City Council. Requests for legal opinions from the city attorney may be made by the city manager, or by direction given by a majority of the city council following a discussion of an issue by the council. 4. The city council should update their adopted rules of procedure and process for running public meetings. This may include discouragement of the use of emails as a tool for deliberating on public policy questions, as this may appear to keep part of the council discussion out of the public’s view. 5. The mayor is the official spokesperson for the city. While this does not mean that other members of the council are prohibited from publicly stating their policy views, it does mean that the mayor should be accorded the respect and recognition as the spokesperson for Milton government. 6. Council members will refrain from talking with staff members other than the city manager in a manner that might (even indirectly) state or imply that they are giving instructions or orders. While contact with staff members by council members is not prohibited for purposes of passing on routine information, it is best to run as much as possible through the city manager’s office. 7. The guiding principle in the council’s deliberations about public policy, as well as their involvement in the apparatus of city government and community decision- making in general, is this: it is a group process. Consequently, the role that each member of the council has in the group process should be honored and respected. This extends to the sharing of information, and the manner in which potentially controversial items are brought up and disseminated to everyone in the group. 8. When the City Council meets again in a future retreat, topics which will need to be discussed include (but not necessarily limited to): a) provide more detailed work plans for 2007-2008 and 2008-2009, b) finalization of the vision statement, mission statement, and organizational values, c) determine whether a council code of conduct will be necessary, d) discuss the city’s sewer extension/hook-up policy, e) develop a policy for improvement (or non-improvement) of existing gravel roads, f) discuss the city’s “good government” goals (efficiency, effectiveness, participative, etc.), and g) discuss methods for conflict resolution in the council’s public/group process environment, and strategies for interacting with the different styles of council members. The Carl Vinson Institute of Government appreciates the opportunity to partner with the city of Milton at this exciting time in its early development and history, and looks forward to additional opportunities to be of service.