HomeMy WebLinkAboutPacket-03-15-2007
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Neal O’Brien
Tina D’Aversa-Williams
Rick Mohrig
Thursday, March 15, 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. 07-194)
4) APPROVAL OF MEETING AGENDA (add or remove items from agenda)
5) PUBLIC COMMENT
6) REPORTS AND PRESENTATIONS
7) CONSENT AGENDA
(Agenda Item No. 07-176)
1. Approval of the January 11, 2007 Special Called Meeting Minutes.
(Agenda Item No. 07-195)
2. Approval of the January 18, 2007 Regular Meeting Minutes.
(Agenda Item No. 07-196)
3. Approval of the January 25, 2007 Work Session Minutes.
(Agenda Item No. 07-197)
4. Approval of the February 1, 2007 Regular Meeting Minutes.
(Agenda Item No. 07-198)
5. Approval of Financial Statements for the period ending February 2007.
8) ZONING AGENDA (none at this time)
Page 1 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
MILTON CITY COUNCIL REGULAR MEETING AGENDA MARCH 15, 2007 - 7:00 PM
Page 2 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
9) FIRST PRESENTATION
(Agenda Item No. 07-199)
1. Approval of an Ordinance to Adopt the Bond Schedule for Municipal Code and State
Law Violations.
(Presented by Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-200)
2. Approval of an Ordinance to adopt the Uniform Rules of the City of Milton
Municipal Court, Code of Conduct for Non-Judicial Court Employees, and Indigent
Defense Plan.
(Presented by Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-201)
3. Approval of an Ordinance to Amend Chapter 4, Municipal Court of the City of Milton
Code of Ordinances.
(Presented by Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-202)
4. Approval of an Ordinance Amending Chapter 11, Business Licensing of the Code of
Ordinances to Adopt Regulations for Licensing of Bail Bondsmen.
(Presented by Jeanette Marchiafava, City Clerk and Clerk of the Court)
10) UNFINISHED BUSINESS
(Agenda Item No. 07-187)
1. Approval of an Ordinance Accepting the Georgia Municipal Employee Benefit System
Official Plan Document for Retirement Program. (Second Reading)
(Presented by Carol Wolfe, City Treasurer)
11) NEW BUSINESS
PUBLIC HEARINGS
ALCOHOL BEVERAGE LICENSE APPLICATIONS
(Agenda Item No. 07-203)
1 Approval of Alcoholic Beverage License Applications for Lotty & Lotta Market, LLC,
D/B/A Nahm Thai Cuisine located at 5310 Windward Parkway, Suite C, Alpharetta, GA
30004. Applicant is Ngamta Thong Young for Consumption on the Premises -Wine/Malt
Beverage.
(Presented by Carol Wolfe, City Treasurer)
(Invitation for Public Comment)
(Agenda Item No. 07-204)
2. Approval of Alcoholic Beverage License Applications for The Barn Bottle Shoppe, LLC
located at 980 Birmingham Road, Suite 304, Alpharetta, GA 30004. Applicant is
Timothy Lee Allen for Package -Wine/Malt Beverage.
(Presented by Carol Wolfe, City Treasurer)
(Invitation for Public Comment)
MILTON CITY COUNCIL REGULAR MEETING AGENDA MARCH 15, 2007 - 7:00 PM
Page 3 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
(Agenda Item No. 07-205)
3. Approval of Alcoholic Beverage License Applications for Rohrig-Ellis, Inc., D/B/A
Little Azio located at 12635 Crabapple Road, Suite 310, Alpharetta, GA 30004.
Applicant is Dan Schoolfield, for Consumption on the Premises -Wine & Malt Beverage.
(Presented by Carol Wolfe, City Treasurer)
(Invitation for Public Comment)
(Agenda Item No. 07-206)
4 Approval of Alcoholic Beverage License Applications for Catina Del Mar located at
12365 Crabapple Road, Suite 310, Alpharetta, GA 30004. Applicant is Elizabeth D.
Riordan for Consumption on the Premises – Wine & Malt Beverage/Distilled Spirits.
(Presented by Carol Wolfe, City Treasurer)
(Invitation for Public Comment)
(Agenda Item No. 07-207)
5. Approval of Alcoholic Beverage License Applications for God Bless NNK D/B/A
Package Store located at 13020 Morris Road, Suite E, Alpharetta, GA 30004. Applicant
is Norruislam Kapadia for Package – Wine & Malt Beverage/Distilled Spirits.
(Presented by Carol Wolfe, City Treasurer)
(Invitation for Public Comment)
END OF PUBLIC HEARINGS
(Agenda Item No. 07-208)
6. Approval of a Resolution to serve as official notification of the City of Milton’s intent to
start a fire rescue department on or before September 30, 2007 and to terminate fire
rescue services currently being provided by Fulton County.
(Presented by Charles Millican, Deputy Director of Public Safety)
(Agenda Item No. 07-209)
7. Approval of a Resolution Amending Agenda Item No. 06-147, Approval of Nominations
to the City of Milton Bike and Pedestrian Path Committee.
(Presented by Aaron Bovos, City Manager)
(Agenda Item No. 07-210)
8. Approval of Compensation for Municipal Court Judge and Solicitor.
(Presented by Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-211)
9. Approval of a Resolution Establishing the Five Ethics Principals for the Conduct of City
Officials for the City of Milton, Georgia
(Presented by Aaron Bovos, City Manager)
(Agenda Item No. 07-212)
10. Approval of Monthly Invoice for Legal Fees.
(Presented by Carol Wolfe, City Treasurer)
MILTON CITY COUNCIL REGULAR MEETING AGENDA MARCH 15, 2007 - 7:00 PM
Page 4 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
(Agenda Item No. 07-213)
14) ADJOURNMENT
The Minutes will be provided
electronically.
The Minutes will be provided
electronically.
The Minutes will be provided
electronically.
The Minutes will be provided
electronically.
City of Milton
13000 Deerfield Parkway, Building 100, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: March 5, 2007
FROM: City Manager �f
AGENDA ITEM: Approve the Financial Status Report, November 2005 -February 2007
MEETING DATE: Thursday, March 15, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED (j NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES N NO
PLACED ON AGENDA FOR:
REMARKS: ittl 1 r r, �W-7
Memo
To: The Honorable Mayor and City Counciimembers
F. Carol Wolfe, Director of Operations
CC: Aaron Bovos, City Manager
Bill Doughty, Communications Manager
Carol Haag, Executive Aide
Rick Hirsekom, CH2M Hili
Jeanette Marchiafava, City/Court Clerk
Chris Lagerbloom, Public Safety Director
Charles Miilican, Deputy Public Safety Director
Mike Tuller, Deputy Community Development Director
Greg Wilson, Community Services Director
Tom Wilson, Community Development Director
Date: 31612007
Re: Financial Status Report November 2006 — February 2007
OVERVIEW and FINANCIAL HIGHLIGHTS:
The attached financial statements represent figures as of the close of period 5, February 2007. While
this initial financial status report is cumulative for several months, the typical report will be based on a
monthly update. The financial status report includes Budget -to -Actual Revenue & Expenditure Reports
for each fund, a Cash Flow Actual & Projected Report and a status on procurement activities, capital
projects, and grants.
General Fund
With 33.3% of the City's ten-month fiscal year lapsed and operations in full swing, general fund
revenues are substantially lower than expenditures, which is to be expected given the
schedule of property tax collection. Two revenue sources are trending higher than anticipated,
real estate transfer at 73.3% of projections and alcohol beverage excise tax at 173% of
projections.
Business & occupational tax collection is expected to be heavy in March due to the March 31
renewal date for all businesses. In addition, financial institution tax is an annual remittance
taking place solely in March of each year. We have received our first local option sales tax
remittance in the amount of $377,548, which represents December sales tax collection.
Licenses & permits revenue reflects current collection at 78.2%; however, this revenue is offset
by an expenditure in the amount of 80% of revenue collection per contractual obligation to
CH2M Hill and Safe Built.
A tax anticipation note was issued in January and is currently providing the working capital
needed to fund daily operations. Expenditures are tracking within anticipated levels, currently
at 26.8% of budget.
Capital Project Fund
Expenditures within this fund continue to occur on a project -by -project basis. With a total
project expenditure budget of $450,000, capital expenditures -to -date total $317,598. The City
has acquired parkland as anticipated. The purchase of public safety equipment continues and
is funded by a capital lease agreement. During the mid -year budget appropriation, staff will
recommend the addition of revenue in the amount of $3,169,794 to represent the proceeds of
the lease and a corresponding expenditure budget for the purchase of equipment. These
appropriations will not have a fiscal impact as the revenue will equal the expenditure, but will
provide the legal appropriation to accompany the lease agreement.
Tree Replacement Fund: Balance: $
Sidewalk Replacement Fund: Balance: $
FINANCIAL
STATEMENTS
City of Milton
Statement of Revenues, Expenditures, and Changes in Fund Balances
Governmental Funds
For the Period Ended February 28, 2007
EXPENDITURES
Current:
Unallocated
$ - $
Total
$ -
Capital
Governmental
General Project
Funds
REVENUES
264,258
1,618,680
Taxes:
356,868
-
Properly Tax
$ - $
$ -
Local Option Sales Tax
377,548
377,548
Other Taxes
240,264
240,264
Licenses and permits
135,955
135,955
Intergovernmental
-
-
Charges for services
91,403
91,403
Fines/Forfeitures
-
-
Investment earnings
28,394
28,394
Contributions and Donations
1a50
1,650
Other
-
-
Total revenues
5 875,214 $
$ $75,214
EXPENDITURES
Current:
Unallocated
$ - $
$ -
General government
871,860
871,860
Public safety
1,354,421
264,258
1,618,680
Community Services
356,868
-
356,868
Economic and community development
551,505
-
551,505
Culture and recreation
1,078
34,546
35,622
Capital outlay
Total expenditures
$ 3,135,730 $
298,805
$ 3,434,535
Excess (deficiency) of revenues
over (under) expenditures
(2.260 516)
(298,805)
(2,559,321)
OTHER FINANCING SOURCES (USES)
Transfers in
45,000
45,004
Transfers out
(45,000)
-
(45,000)
Sale of capital assets
-
Insurance Proceeds
-
-
Capital lease proceeds
-
264,259
264,259
Note interest payment
-
-
-
Bond principal
-
-
-
Total other financing sources and (uses)
(45,000)
309,259
264,259
Net change In fund balances
(2,305,516)
10,454
(2,295,062)
Fund balances - beginning
Fundbalances- ending $ [2,305,516} $ 10,454 $ (2,295.062)
The accompanying notes to the financial statements are an integral part of this statement.
City of Milton
General Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2007
The socompanying notes to the financial statements are an integral part of this statement
Variance with
Original & Final
Final Budget -
Budgeted Amounts
Actual Amounts
Positive (Negative)
REVENUES
Taxes:
Property Tax
$
6,868,142
$
-
$
(6,868,142)
Local Option Sales Tax
2,496,629
377,548
(2,119,081)
Business & Occ Tax
600,000
111,067
(488,933)
Motor Vehicie Tax
345,911
36,296
(309,615)
Intangible Tax
201,000
-
(201,000)
Real Estate Transfer Tax
59,940
43,95$
(15,984)
Alcohol Beverage Excise Tax
15,000
25,957
10,957
Hotel/Motel Excise Tax
25,497
7,927
(17,570)
Finandal Institution Tax
25,000
15,061
(9,939)
Licenses and Permits
181,727
135,955
(45,772)
Intergovernmental
-
-
Charges for Service:
Franchise Fees
823,000
84,238
(738,762)
Other Charges for Service
284,332
7,165
(277,167)
Fines/Forfeitures
416,000
-
(416,000)
Investment Earnings
2,500
28,394
25,894
Contributions and Donations
-
1,650
1,650
Other
-
-
Total revenues
5
12,344,678
$
875,214
$
(11,469,4")
EXPENDITURES
Current:
General government
Mayor and Council
$
297,368
$
56,471
$
240,897
Clerk of the Council
171,488
54,521
116,967
City Manager
795,816
273,381
523,435
Legal Services
110,000
21,355
88,645
Municipal Court
329,521
91,270
238,251
Operations
2,060,543
325,037
1,735,506
Risk Management
389,000
49,826
339,174
Operating Reserve
246,894
246,894
Total General Government
$
4,401,630
$
871,860
$
3,529,770
Pubic safety
41721,935
1,354,421
3,367,514
Community Services
1,448,440
357,944
1,090,496
Economic and Community Development
1,123,388
551,505
571,883
Total expenditures
$
11,695,393
$
3,135,730
$
8,559,663
Excess of revenues over expenditures
$
649,285
$
(2,260,516)
$
(2,909,801)
OTHER FINANCING SOURCES (USES)
Transfers out
(150,000)
(45,000)
105,000
Capital lease payment
(262,785)
262,785
Bond interest
(150,000)
150,000
Bond principal
(86,500)
86,500
Total other financing sources and us"
$
(649,285)
$
(45,000)
$
(604,285)
Net change in fund balances
(2,305,516)
2,305,516
Fund balances - beginning
-
Fundbalances-ending
$
$ 2,305,516)
$
2,305,516
The socompanying notes to the financial statements are an integral part of this statement
City of Milton
Capital Project Fund
Statement of Revenues, Ependitures, and Changes In Fund Balances • Budget and Actual
For the Period Ended February 28, 2007
Fund balances - beginning - -
Fund balances - ending $ (150.mo) $ 10,454 $ 160,454
The accompanying notes to the financial statements are an integral part of this statement_
Variance with
Original & Final
Final Budget.
Budgeted Amounts
Actual Amounts
Positive (Negative)
REVENUES
Charges for Service
Host Fees
$ 254,000
$
$ (250,000)
Solid Waste Fees
50,000
(50,000)
Investment Earnings
-
Other
Total revenues
300.000
(300,000)
EXPENDITURES
Capital Outlay
Unallocated-
71,474
Public Safety
94,000
264,259
Community Services - Public Works
280,000
-
260,000
Community Services- Recreation & Parks
24,526
34,548
(10,020)
Total Capital Outlay
450,000
298,805
151,195
Excess of revenues over expenditures
(150,000)
(298,805)
(148,805)
OTHER FINANCING SOURCES (USES)
Transfers in tram General Fund
150,000
45,000
(105,0DD)
Lease Proceeds
-
264,259
264,259
Total other financing sources and uses
309,259
264,259
Net change in fund balances
(150,000)
10,454
160,454
Fund balances - beginning - -
Fund balances - ending $ (150.mo) $ 10,454 $ 160,454
The accompanying notes to the financial statements are an integral part of this statement_
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PROCUREMENT
STATUS
Memo
To., The Honorable Mayor and City Councilmembers
From: Carol Wolfe, Director of Operations
CC: Aaron Bovos, City Manager
Date: 316/2007
Re: Procurement Status
Attached are two lists, one indicating purchase orders issued for the months of November 2006
through February 2007 and the other intended to provide information regarding all bids and requests for
proposal/quote. If you have any questions regarding the procurement status updates or would like
additional information, please do not hesitate to contact either myself or Kyle Jones, Budget
Coordinator. Thank you.
Attachment
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CAPITAL PROJECT
REPORT
Memo
Tae The Honorable Mayor and City Council members
From: Carol Wolfe, Director of Operations
CC: Aaron Bovos, City Manager
Date: 3/612047
Ra: Capital Project Status
Attached is a status report for each active capital project funded by a City of Milton appropriation. The
report includes the project description, project budget, encumbrances and actual expenditures -to -date.
If you have any financial questions regarding these projects, please do not hesitate to contact either
myself or !tyle Jones, Budget Coordinator. Thank you.
Attachment
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GRANT
STATUS
Memo
To: The Honorable Mayor and City Council members
lFrorm Carol Wolfe, Director of Operations
CC: Aaron Bovos, City Manager
Data M/2007
Re: Grant Application and Award Status
Attached is a status report for all grants that have been applied for as well as a list of grants in the
research state and pending application. if you have any financial questions regarding these grant
projects, please do not hesitate to contact me. Thank you.
Attachment
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City of Milton
> 13000 Deerfield Parkway, Building 100, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: March 5, 2007
FROM: City Manager
AGENDA ITEM: An Ordinance o Adopt the Band Schedule for Municipal Code and State
Law Violations
MEETING DATE: Thursday, March 15, 2007 Regular Meeting
BACKGROUND INFORMA TION: {Attach additional pages if necessary}
See attached memorandum
APPROVAL BY CITY MANAGER: ( APPROVED {} NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES N NO
PLACED ON AGENDA FOR:
REMARKS:
City of Milton
To: Honorable Mayor and City Council Members
From: Jeanette R. Marchiafava, City Clerk and Clerk of the Court
Date: February 27, 2007 for Submission onto the March 15, 2007 City Council
Meeting
Agenda Item: Ordinance to adopt the bond schedule for municipal code and state law violations
CMO (City Manager’s Office) Recommendation:
To approve the attached ordinance to adopt the bond schedule.
Background:
Section 5.13(d) of the City charter provides that “The municipal court shall have the authority to
establish a schedule of fees to defray the cost of operation” and 5.13(e) provides that “The
municipal court shall have authority to establish bail and recognizances to ensure the presence
of those charged with violations before said court”. Chapter 4, article 1, section 6(b) of the City
Code of Ordinances states that “The Council shall set City fines for violations of City
ordinances”.
Discussion:
The bond schedule has been developed by court staff within the parameters of State law and
the Charter and Code of Ordinances of the City of Milton, and has met the approval of the Chief
Judge.
Alternatives:
N/A
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
ORDINANCE NO. 07-____
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT THE BOND AND FINE SCHEDULE FOR THE CITY OF
MILTON MUNICIPAL COURT
BE IT ORDAINED by the City Council of the City of Milton, GA while in regular session on March
_____ 2007 at 7:00 p.m. as follows:
SECTION 1. That the bond schedule of fines and fees for the Municipal Court of Milton is
hereby adopted and approved and is attached hereto as if fully set forth herein; and
SECTION 2. That this Ordinance shall become effective upon its adoption.
ORDAINED this the _____day of March, 2007.
_______________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette Marchiafava, City Clerk
(Seal)
MILTON MUNICIPAL COURT
CASH-BOND LISTING
CODE SECTION VIOLATIONS DESCRIPTION FINE AMOUNT
3-3-23 POSSESSION OF ALCOHOL BY MINOR $408.00
3-3-23A1 FURNISH/SELL ALCOHOL TO PERSON UNDER 21 $408.00
3-3-23A2 ATTEMPT TO PURCHASE ALCOHOL UNDER 21 $408.00
3-3-23A3 MISREPRESENT AGE TO OBTAIN ALCOHOL $408.00
3-3-23A5 MISREPRESENT ID TO OBTIAN ALCOHOL $408.00
3-3-23A6 NO PROVISION FOR UNDER 21 POSSES/DRINIK $408.00
16-7-43 DUMP/DEPOSIT/LITTER PUB/PRI PROPERTY/WAT $415.00
16-8-14 SHOPLIFTING LESS THAN 300.00 (1ST)$415.00
16-8-14 SHOPLIFTING LESS THAN 300.00 (2ND)$664.00
16-8-14 SHOPLIFTING LESS THAN 300.00 (3RD)$1,233.00
16-13-2B VGCSA LESS THAN 1 OZ. (3RD)$1,758.00
40-1-3 PERMITTING UNLAWFUL OPERATION OF VEHICLE $388.00
40-1-4 OBSCENE OR PROFANE SIGNS ON VEHICLE $388.00
40-2-5 TAGS: USE OF TAG TO CONCEAL IDENTITY $689.00
40-2-6 TAGS: ALTERATION/IMPROPER PLATES $163.00
40-2-8 TAGS: OPERATING W/OUT PROPER DECAL $163.00
40-2-8 TAGS: NEW RESIDENT HAS 30 DAYS TO REG $163.00
40-2-8B2 FAIL TO REG NEW/USED VEH W/IN 30 DAYS $163.00
40-2-20 DRIVING WITHOUT A TAG $163.00
40-2-31 NO COUNTY DECAL (1ST)$66.00
40-2-31 NO COUNTY DECAL (2ND)$163.00
40-2-38 IMPROPER USE OF DEALER TAG $318.00
40-2-41 DISPLAY OF LICENSE PLATES $163.00
40-2-41 DRIVING W/OBSTRUCTED LICENSE PLATE $163.00
40-2-42 IMPROPER TRANSFER OF LICENSE PLATE/DECAL $163.00
40-5-4 FAIL TO DISPLAY EMBLEM/SLOW MOVING VEH $131.00
40-5-20 LICENSE: DRIVING WHILE INV, UNLIC, EXP (1ST)$433.00
40-5-20 LICENSE: DRIVING WHILE INV, UNLIC, EXP (2ND)$738.00
40-5-20 NEW RESIDENT-30 DAYS TO OBTAIN LICENSE $157.00
40-5-20A OPERATING VEH W/OUT PROPER CLASS OF LIC $157.00
40-5-20B OPERATING VEH W/OUT LIC WHILE BEING TOWED $170.00
40-5-20C POSSESSION OF MORE THAN 1 VALID LICENSE $403.00
40-5-23 WRONG CLASS OF DRIVERS LICENSE $170.00
40-5-24B2A VIOLATION OF CLASS D LIC RESTRICTION $170.00
40-5-29A NO LICENSE ON PERSON $16.00
40-5-32 EXPIRED DRIVER'S LICENSE $17.00
40-5-32A EXPIRED LICENSE W/PROFF OF RENEWAL $17.00
40-5-33 LICENSE: 60 DAYS TO CHANGE NAME/ADDRESS $105.00
40-5-64 LICENSE: VIOLATION OF COND. OF PERMIT $809.00
40-5-65 OTHER LICENSE W/REVOCATION (1ST)$689.00
40-5-65 OTHER LICENSE W/REVOCATION (2ND)$1,283.00
40-5-75F SUSPENDED LIC/CONTROLLED SUBSTANCE (1ST)$989.00
40-5-75F SUSPENDED LIC/CONTROLLED SUBSTANCE (2ND)$1,889.00
40-5-75F SUSPENDED LIC/CONTROLLED SUBSTANCE (3RD)$3,089.00
40-5-120 LICENSE: UNLAWFUL USE OF LICENSE (1ST)$689.00
40-5-120 LICENSE: UNLAWFUL USE OF LICENSE (2ND)$1,283.00
40-5-121 LICENSE: DRIVING WHILE LIC. SUSP/REVOKED (1ST)$689.00
40-5-121 LICENSE: DRIVING WHILE LIC SUSP/REVOKED (2ND)$1,283.00
40-5-121 LICENSE: DRIVING WHILE LIC SUSP/REVOFED (3RD)$3,083.00
40-5-122 LICENSE: PERMIT UNLIC PERSON TO DRIVE $318.00
40-5-123 LICENSE: PERMIT UNAUTH MINOR TO DRIVE $318.00
40-5-125 LICENSE: POSSESSION OF FRAUDULANT LIC $689.00
40-5-125 IMPROPER USE OF LICENSE $689.00
40-6-10 NO INSURANCE (1ST)$689.00
40-6-10 NO INSURANCE (2ND)$1,049.00
40-6-10 NO INSURANCE (3RD)$1,283.00
40-6-10(B)PERMITTING ANOTHER TO OPER. W/O INS. (1ST)$689.00
40-6-10(B)PERMITTING ANOTHER TO OPER. W/O INS. (2ND)$1,049.00
40-6-10(B)PERMITTING ANOTHER TO OPER. W/O INS (3RD)$1,283.00
40-6-10A4 NO PROOF OF INSURANCE $32.50
40-6-10C FALSIFYING PROOF OF INSURANCE (1ST)$689.00
40-6-10C FALSIFYING PROOF OF INSURANCE (2ND)$1,283.00
40-6-11 MOTORCYCLE: NO INSURANCE (1ST)$689.00
40-6-11 MOTORCYCLE: NO INSURANCE (2ND)$1,049.00
40-6-11 MOTORCYCLE: NO INSURANCE (3RD)$1,283.00
40-6-120 IMPROPER LEFT OR RIGHT TURN $178.00
40-6-120B FAIL TO OBEY TEMP TRF CONTROL DEVICE $178.00
40-6-121 IMPROPER U-TURN $178.00
40-6-121(4)MAKING PROHIBITED U-TURN(POSTED/MARKED)$178.00
40-6-122 IMPROPER STARTING OF PARKED VEHICLE $178.00
40-6-123 IMPROPER LANE CHANGE/USAGE $178.00
40-6-123BCD IMPROPER USE OF SIGNAL LIGHTS $178.00
40-6-123C IMPROPER STOPPING ON ROADWAY $178.00
40-6-124 FAIL TO USE SIGNAL $178.00
40-6-125 IMPROPER USE OF HAND SIGNALS $131.00
40-6-126 IMPROPER USE OF CENTRAL TURN LANE $228.00
40-6-14 NOISE VIOLATION (LOUD MUSIC FR. VEHICLE)$248.00
40-6-140A FAIL TO STOP FOR APPROACHING TRAIN $196.00
40-6-140B DISREGARDING RR CROSSING BARRIER $196.00
40-6-140F IMPROPER STOP ON RR TRACKS (>10 WHEELS)$1,283.00
40-6-140F IMPROPER STOP ON RR TRACKS (<10 WHEELS)$196.00
40-6-141 FAILURE TO STOP AT STOP SIGN AT RR ZING $196.00
40-6-142 CERTAIN VEH MUST STOP AT RR CROSSING(NO PASS)$196.00
40-6-142 CFERTAIN VEH MUST STOP AT RR CROSSING (PASS)$300.00
40-6-144 DRIVER/YIELD/SIDEWALK $157.00
40-6-15 DRIVING WITH SUSPENDED TAG (1ST)$809.00
40-6-15 DRIVING WITH SUSPENDED TAG (2ND)$1,889.00
40-6-16 MUST MOVE OVER FOR EMERGENCY VEHICLES $683.00
40-6-163 FAIL STOP FOR SCHOOL BUS LOADING/UNLOAD $430.00
40-6-180 BASIC RULES/TOO FAST FOR CONDITIONS $178.00
40-6-181 SPEEDING 11-14 OVER (1ST)$143.00
40-6-181 SPEEDING 11-14 OVER (2ND)$163.00
40-6-181 SPEEDING 11-14 OVER (3RD)$183.00
40-6-181 SPEEDING 11-14 OVER (4TH)$203.00
40-6-181 SPEEDING 11-14 OVER (5TH)$223.00
40-6-181 SPEEDING 11-14 OVER (6TH)$243.00
40-6-181 SPEEDING 11-14 OVER (7TH)$263.00
40-6-181 SPEEDING 11-14 OVER (8TH)$283.00
40-6-181 SPEEDING 11-14 OVER (9TH)$303.00
40-6-181 SPEEDING 11-14 OVER (10TH)$323.00
40-6-181 SPEEDING 15-18 OVER (1ST)$196.00
40-6-181 SPEEDING 15-18 OVER (2ND)$213.00
40-6-181 SPEEDING 15-18 OVER (3RD)$243.00
40-6-181 SPEEDING 15-18 OVER (4TH)$263.00
40-6-181 SPEEDING 15-18 OVER (5TH)$284.00
40-6-181 SPEEDING 15-18 OVER (6TH)$303.00
40-6-181 SPEEDING 15-18 OVER (7TH)$323.00
40-6-181 SPEEDING 15-18 OVER (8TH)$343.00
40-6-181 SPEEDING 15-18 OVER (9TH)$363.00
40-6-181 SPEEDING 15-18 OVER (10TH)$383.00
40-6-181 SPEEDING 19-23 OVER (1ST)$228.00
40-6-181 SPEEDING 19-23 OVER (2ND)$318.00
40-6-181 SPEEDING 19-23 OVER (3RD)$338.00
40-6-181 SPEEDING 19-23 OVER (4TH)$358.00
40-6-181 SPEEDING 19-23 OVER (5TH)$378.00
40-6-181 SPEEDING 19-23 OVER (6TH)$398.00
40-6-181 SPEEDING 19-23 OVER (7TH)$418.00
40-6-181 SPEEDING 19-23 OVER (8TH)$438.00
40-6-181 SPEEDING 19-23 OVER (9TH)$458.00
40-6-181 SPEEDING 19-23 OVER (10TH)$478.00
40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (1ST)$388.00
40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (2ND)$408.00
40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (3RD)$428.00
40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (4TH)$448.00
40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (5TH)$468.00
40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (6TH)$488.00
40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (7TH)$508.00
40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (8TH)$528.00
40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (9TH)$548.00
40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (10TH)$568.00
40-6-181 SPEEDING 34-99 OVER-MUST APPEAR N/A
40-6-181 SPEEDING 11-14 OVER SCHOOLZONE (1ST)$283.00
40-6-181 SPEEDING 11-14 OVER SCHOOLZONE (2ND)$303.00
40-6-181 SPEEDING 11-14 OVER SCHOOLZONE (3RD)$323.00
40-6-181 SPEEDING 11-14 OVER SCHOOLZONE (4TH)$343.00
40-6-181 SPEEDING 11-14 OVER SCHOOLZONE (5TH)$363.00
40-6-181 SPEEDING 11-14 OVER SCHOOLZONE (6TH)$383.00
40-6-181 SPEEDING 11-14 OVER SCHOOLZONE (7TH)$403.00
40-6-181 SPEEDING 11-14 OVER SCHOOLZONE (8TH)$423.00
40-6-181 SPEEDING 11-14 OVER SCHOOLZONE (9TH)$443.00
40-6-181 SPEEDING 11-14 OVER SCHOOLZONE (10TH)$463.00
40-6-181 SPEEDING 15-18 OVER SCHOOLZONE (1ST)$336.00
40-6-181 SPEEDING 15-18 OVER SCHOOLZONE (2ND)$353.00
40-6-181 SPEEDING 15-18 OVER SCHOOLZONE (3RD)$383.00
40-6-181 SPEEDING 15-18 OVER SCHOOLZONE (4TH)$403.00
40-6-181 SPEEDING 15-18 OVER SCHOOLZONE (5TH)$423.00
40-6-181 SPEEDING 15-18 OVER SCHOOLZONE (6TH)$443.00
40-6-181 SPEEDING 15-18 OVER SCHOOLZONE (7TH)$463.00
40-6-181 SPEEDING 15-18 OVER SCHOOLZONE (8TH)$483.00
40-6-181 SPEEDING 15-18 OVER SCHOOLZONE (9TH)$503.00
40-6-181 SPEEDING 15-18 OVER SCHOOLZONE (10TH)$523.00
40-6-181 SPEEDING 19-23 OVER SCHOOLZONE (1ST)$368.00
40-6-181 SPEEDING 19-23 OVER SCHOOLZONE (2ND)$458.00
40-6-181 SPEEDING 19-23 OVER SCHOOLZONE (3RD)$478.00
40-6-181 SPEEDING 19-23 OVER SCHOOLZONE (4TH)$498.00
40-6-181 SPEEDING 19-23 OVER SCHOOLZONE (5TH)$518.00
40-6-181 SPEEDING 19-23 OVER SCHOOLZONE (6TH)$538.00
40-6-181 SPEEDING 19-23 OVER SCHOOLZONE (7TH)$558.00
40-6-181 SPEEDING 19-23 OVER SCHOOLZONE (8TH)$578.00
40-6-181 SPEEDING 19-23 OVER SCHOOLZONE (9TH)$598.00
40-6-181 SPEEDING 19-23 OVER SCHOOLZONE (10TH)$618.00
40-6-181 SPEEDING 24-33 OVER SCHOOLZONE (1ST)$528.00
40-6-181 SPEEDING 24-33 OVER SCHOOLZONE (2ND)$548.00
40-6-181 SPEEDING 24-33 OVER SCHOOLZONE (3RD)$568.00
40-6-181 SPEEDING 24-33 OVER SCHOOLZONE (4TH)$588.00
40-6-181 SPEEDING 24-33 OVER SCHOOLZONE (5TH)$608.00
40-6-181 SPEEDING 24-33 OVER SCHOOLZONE (6TH)$628.00
40-6-181 SPEEDING 24-33 OVER SCHOOLZONE (7TH)$648.00
40-6-181 SPEEDING 24-33 OVER SCHOOLZONE (8TH)$668.00
40-6-181 SPEEDING 24-33 OVER SCHOOLZONE (9TH)$688.00
40-6-181 SPEEDING 24-33 OVER SCHOOLZONE (10TH)$708.00
40-6-181 SPEEDING 34-99 OVER SCHOOLZONE-MUST APPEAR N/A
40-6-184 IMPEDING THE FREE FLOW OF TRAFFIC $178.00
40-6-186 RACING ON HIGHWAYS OR STREETS-ACCIDENT $983.00
40-6-186 RACING ON HIGHWAYS OR STREETS-STANDARD $683.00
40-6-186 SPEEDING 11-14 OVER CONSTRUCTION ZONE (1ST)$243.00
40-6-188 SPEEDING 11-14 OVER CONSTRUCTION ZONE (2ND)$263.00
40-6-188 SPEEDING 11-14 OVER CONSTRUCTION ZONE (3RD)$283.00
40-6-188 SPEEDING 11-14 OVER CONSTRUCTION ZONE (4TH)$303.00
40-6-188 SPEEDING 11-14 OVER CONSTRUCTION ZONE (5TH)$323.00
40-6-188 SPEEDING 11-14 OVER CONSTRUCTION ZONE (6TH)$343.00
40-6-188 SPEEDING 11-14 OVER CONSTRUCTION ZONE (7TH)$363.00
40-6-188 SPEEDING 11-14 OVER CONSTRUCTION ZONE (8TH)$383.00
40-6-188 SPEEDING 11-14 OVER CONSTRUCTION ZONE (9TH)$403.00
40-6-188 SPEEDING 11-14 OVER CONSTRUCTION ZONE (10TH)$423.00
40-6-188 SPEEDING 15-18 OVER CONSTRUCTION ZONE (1ST)$346.00
40-6-188 SPEEDING 15-18 OVER CONSTRUCTION ZONE (2ND)$363.00
40-6-188 SPEEDING 15-18 OVER CONSTRUCTION ZONE (3RD)$393.00
40-6-188 SPEEDING 15-18 OVER CONSTRUCTION ZONE (4TH)$413.00
40-6-188 SPEEDING 15-18 OVER CONSTRUCTION ZONE (5TH)$434.00
40-6-188 SPEEDING 15-18 OVER CONSTRUCTION ZONE (6TH)$453.00
40-6-188 SPEEDING 15-18 OVER CONSTRUCTION ZONE (7TH)$473.00
40-6-188 SPEEDING 15-18 OVER CONSTRUCTION ZONE (8TH)$493.00
40-6-188 SPEEDING 15-18 OVER CONSTRUCTION ZONE (9TH)$513.00
40-6-188 SPEEDING 15-18 OVER CONSTRUCTION ZONE (10TH)$533.00
40-6-188 SPEEDING 19-23 OVER CONSTRUCTION ZONE (1ST)$428.00
40-6-188 SPEEDING 19-23 OVER CONSTRUCTION ZONE (2ND)$518.00
40-6-188 SPEEDING 19-23 OVER CONSTRUCTION ZONE (3RD)$538.00
40-6-188 SPEEDING 19-23 OVER CONSTRUCTION ZONE (4TH)$558.00
40-6-188 SPEEDING 19-23 OVER CONSTRUCTION ZONE (5TH)$578.00
40-6-188 SPEEDING 19-23 OVER CONSTRUCTION ZONE (6TH)$598.00
40-6-188 SPEEDING 19-23 OVER CONSTRUCTION ZONE (7TH)$618.00
40-6-188 SPEEDING 19-23 OVER CONSTRUCTION ZONE (8TH)$638.00
40-6-188 SPEEDING 19-23 OVER CONSTRUCTION ZONE (9TH)$658.00
40-6-188 SPEEDING 19-23 OVER CONSTRUCTION ZONE (10TH)$678.00
40-6-188 SPEEDING 23-33 OVER CONSTRUCTION ZONE (1ST)$688.00
40-6-188 SPEEDING 23-33 OVER CONSTRUCTION ZONE (2ND)$708.00
40-6-188 SPEEDING 23-33 OVER CONSTRUCTION ZONE (3RD)$728.00
40-6-188 SPEEDING 23-33 OVER CONSTRUCTION ZONE (4TH)$748.00
40-6-188 SPEEDING 23-33 OVER CONSTRUCTION ZONE (5TH)$768.00
40-6-188 SPEEDING 23-33 OVER CONSTRUCTION ZONE (6TH)$788.00
40-6-188 SPEEDING 23-33 OVER CONSTRUCTION ZONE (7TH)$788.00
40-6-188 SPEEDING 23-33 OVER CONSTRUCTION ZONE (8TH)$828.00
40-6-188 SPEEDING 23-33 OVER CONSTRUCTION ZONE (9TH)$848.00
40-6-188 SPEEDING 23-33 OVER CONSTRUCTION ZONE (10TH)$868.00
40-6-188 SPEEDING 34-99 OVER CONSTRUCTION ZONE-MUST APPEAR N/A
40-6-188 FAILURE TO OBEY PERSON DIRECTING TRAFFIC $248.00
40-6-20 RUNNING RED LIGHT $178.00
40-6-200 IMPROPER PARKING $178.00
40-6-201 LEAVING MOTOR VEHICLE UNATTENDED $131.00
40-6-202 STOP/STAND/PARK OUTSIDE BUS/RES DISTRICT $178.00
40-6-203 IMPROPER STOPPING/PARKING ON ROADWAY $178.00
40-6-203 PARKING IN FIRE LANE $178.00
40-6-205 OBSTRUCTING AN INTERSECTION $248.00
40-6-20A VIOLATION OF TRAFFIC-CONTROL DEVICE $178.00
40-6-226 VIOLATION OF HANDICAPPED PARKING (1ST)$358.00
40-6-226 VIOLATION OF HANDICAPPED PARKING (2ND)$683.00
40-6-23.1 VIOLATION OF FLASHING RED SIGNAL $157.00
40-6-23.2 VIOLATION OF FLASHING YELLOW SIGNAL $157.00
40-6-24 LANE DIRECTIONS $157.00
40-6-240 IMPROPER BACKING $178.00
40-6-240B IMPROPER BACKING SHOULDER/CNTRLD ADD RDW $178.00
40-6-241 DRIVER EXERCISE DUE CARE $157.00
40-6-242 OBSTUCTION/INTERFERENCE WITH DRIVER $157.00
40-6-242B PASSENGER INTERFERE W/ DRIVER $388.00
40-6-243 OPENNING DOORS TO MOVING TRAFFIC $178.00
40-6-244 RIDING IN HOUSE TRAILER $248.00
40-6-246 COASTING PROHIBITED $178.00
40-6-247 FOLLOWING EMERG. VEH W/IN 200 FT $196.00
40-6-248 DRIVING OVER A FIREHOSE $388.00
40-6-249 LITTERING HIGHWAY $458.00
40-6-250 DEVICE WORN THAT IMPAIRES HEARING/VISION $248.00
40-6-251 LAYING DRAGS-ACCIDENT $683.00
40-6-251 LAYING DRAGS-STANDARD $423.00
40-6-252 PARKING/DRIVING THRU NO THRU ZONE (1ST)$98.00
40-6-252 PARKING/DRIVING THRU NO THRU ZONE (2ND)$163.00
40-6-252 PARKING/DRIVING THRU NO THRU ZONE (3RD)$228.00
40-6-253 OPEN CONTAINER VIOLATION $293.00
40-6-254 FAILURE TO SECURE LOAD-ACCIDENT $689.00
40-6-254 FAILURE TO SECURE LOAD-STANDARD $170.00
40-6-255 GASOLINE DRIVE-OFF $225.00
40-6-26 INTERFERE WITH TRAFFIC CONTROL DEVICES $300.00
40-6-26 ALTER/DAMAGE ANY OFFICIAL TRAF-CONTROL DEVICE $683.00
40-6-270 FAIL TO STOP @ACCIDENT W/INJURY, DAMAGE (1ST)$809.00
40-6-270 FAIL TO STOP @ACCIDENT W/INJURY, DAMAGE (2ND)$1,283.00
40-6-270A1 FAIL /GIVE INFO AND RENDER AID ACC/SCENE $809.00
40-6-271 DUTY UPON STRIKING UNATTENDED VEHICLE $458.00
40-6-272 STRIKING FIXED OBJECT-NO RESTITUTION $683.00
40-6-272 STRIKING FIXED OBJECT-RESTITUTION $318.00
40-6-273 FAIL TO REPORT ACCIDENT W/INJURY, DEATH $458.00
40-6-275 REMOVAL OF VEHICLE FRO ROADWAY $248.00
40-6-291 TRAFFIC LAWS APPLY TO BICYCLES ON ROAD $178.00
40-6-292 NO RIDING ON HANDLEBARS OF BICYCLE $178.00
40-6-293 PERSON ON BIKE/SKATES/WAGON CLING TO VEH $248.00
40-6-294 BICYCLE MUST BE ON RIGHT SIDE OF ROADWAY $143.00
40-6-294B BICYCLE: MORE THAN 2 ABREAST ON ROAD $178.00
40-6-296 BICYCLE: EQUIPMENT REQUIREMENT $178.00
40-6-310 TRAFFIC LAWS APPLICABLE TO MOTORCYCLES $248.00
40-6-311C CARRYING ARTICLE, HANDS NOT ON HANDLEBAR $248.00
40-6-311D PASSENGER NOT TO INTERFERE WITH OPERATOR $248.00
40-6-311E OPERATOR AND PASSENGER MUST WEAR SHOES $248.00
40-6-312 OTHER VEHICLES MUST GIVE MOTORCYCLE LANE $248.00
40-6-312B MOTORCYCLE: PASSING IN SAME LANE AS VEH $318.00
40-6-312C MOTORCYCLE: OPERATING BETWEEN LANES $423.00
40-6-312D MOTORCYCLE: MORE THAN 2 ABREAST $178.00
40-6-312E MOTORCYCLE: MUST HAVE LIGHTS ON $248.00
City of Milton
13000 Deerfield Parkway, Building 100, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: March 5, 2007
FROM: City Manager
AGENDA ITEM: Approval of an Ordinance to adopt the Uniform Rules of the City
of Milton Municipal Court, Code of Conduct for Non -Judicial Court
Employees, and Indigent Defense Plan.
MEETING DATE: Thursday, March 15, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED
CITY ATTORNEY APPROVAL REQUIRED: O YES
PLACED ON AGENDA FOR:
REMARKS: M*0 15
() NOT APPROVED
0 NO
City of Milton
To: Honorable Mayor and City Council Members
From: Jeanette R, Marchiafava, City Clerk and Clerk of the Court
Date: February 27, 2007 for Submission onto the March 15, 2007 City Council
Meeting
Agenda Item: Ordinance to adopt the Uniform Rules of the City of Milton Municipal Court ,
Code of Conduct for Non-Judicial Court Employees, and Indigent Defense Plan
CMO (City Manager’s Office) Recommendation:
To approve the attached ordinance to adopt the Uniform rules of Court.
Background:
Section 5.15 of the City charter provides that “the judge shall have full power and authority to
make reasonable rules and regulations necessary and proper to secure the efficient and
successful administration of the municipal court”. Chapter 4, article 2, section 1 states that “The
Municipal Court Judges shall adopt specific rules of procedure which must be approved by the
Mayor and City Council”.
Discussion:
The rules of operation have been developed by court staff following the guidelines of the rules of
Superior Court, and have met the approval of the Chief Judge.
Alternatives:
N/A
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
ORDINANCE NO. 07-_____
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT UNIFORM RULES OF COURT FOR THE
MUNICIPAL COURT OF MILTON
BE IT ORDAINED by the City Council of the City of Milton, GA while in regular session on March
____, 2007 at 7:00 p.m. as follows:
SECTION 1. That the Uniform Rules of Court, Code of Conduct for Non-Judicial Court
Employees, and Indigent Defense Plan is hereby adopted and approved and is attached hereto
as if fully set forth herein; and
SECTION 2. That this Ordinance shall become effective upon its adoption.
ORDAINED this the ____ day of March, 2007
_______________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette Marchiafava, City Clerk
(Seal)
UNIFORM RULES OF THE MILTON MUNICIPAL COURT
RULE 1. DEFINITIONS
1.1 Attorney. The word "attorney" as used in these rules refers to any person admitted to
practice in the courts of Georgia, and to any person who is permitted, in accordance with law, to
represent a party in an action pending in a court of the State of Georgia, and to any person
proceeding pro se in an action pending in a court of this state. The word "attorney" is
synonymous with "counsel" in these rules.
1.2 Judge. The word "judge" as used in these rules refers to the judge duly appointed by
the Mayor and Council of the City of Milton, or the associate judge, also duly appointed, and
authorized to serve as judge of the Municipal Court of Milton, or any judge sitting pro hac vice.
1.3 Clerk. The word "clerk" as used in the rules refers to the clerk of the Milton
Municipal Court and to staff serving as deputy clerks under the direction of the clerk of the court.
1.4 Court. The word "court" as used in the rules refers to the Municipal Court of the City
of Milton.
1.5 Solicitor. The word "solicitor" as used in the rules refers to the prosecutor duly
appointed by the Mayor and Council of the City of Milton, or an associate of the prosecutor who
may be acting in his absence.
RULE 2. ATTORNEYS - APPEARANCE, WITHDRA WL & DUTIES
2.1 Prohibition on Ex Parte Communications. Except as authorized by law or by rule,
judges shall neither initiate not consider ex parte communications by interested parties or their
attorneys concerning a pending or impending proceeding.
2.2 Entry of Appearance and Pleadings. No attorney shall appear in that capacity
before the court until the attorney has entered an appearance by filing a signed entry of
appearance form or by filing a signed pleading in a pending action. An entry of appearance
and all pleadings shall state:
1) The style and number of the case;
2) The identity of the party for whom the appearance is made; and
3) The name, assigned state bar number, and current office address and telephone number
of the attorney.
The filing of any pleading shall contain the information required by this paragraph. The
filing of a signed entry of appearance alone shall not be a substitute for the filing of any other
required pleading. The filing of the citation or accusation shall constitute an entry of appearance
by the solicitor.
Any attorney who has been admitted to practice in this state but who fails to maintain
active membership in good standing in the State Bar of Georgia and who makes or files any
appearance or pleading in court while not in good standing shall be subject to the contempt
powers of the court.
Within 48 hours after being retained, an attorney shall mail to the court and solicitor or
file with the court the entry of appearance in the pending matter. Failure to timely file shall not
prohibit the appearance and representation by said counsel.
2.3 Withdrawal. An attorney appearing of record in any case pending before the court
who wishes to withdraw as counsel, shall submit a written request to the judge of the court for an
order of court permitting such withdrawal. Such request shall state that the attorney has given
due written notice to the affected client respecting such intention to withdraw 10 days prior to
submitting the request to the court or that such withdrawal is with the client's consent. Such
request will be granted unless in the judge's discretion to do so would delay the arraignment or
trial or otherwise interrupt the orderly operation of the court or be manifestly unfair to the client.
The attorney requesting an order permitting withdrawal shall give notice to the solicitor and shall
file with the clerk and serve upon the client, personally or at the client's last known address, a
notice which shall contain at least the following information:
1) That the attorney wishes to withdraw;
2) That the court retains jurisdiction of the case;
3) That the client has the burden of keeping the court informed respecting where notices
or other papers may be served;
4) That the client has the obligation to prepare for trial or hire other counsel to
prepare for trial when the trial date has been set;
5) That if the client fails or refuses to meet these burdens, the client may suffer
adverse consequences, including bond forfeiture and arrest;
6) The dates of any scheduled proceedings, including trial, and that holding of
such proceedings will not be affected by the withdrawal of counsel;
7) That service of notices may be made upon the client at the client's last known
address.
**Unless the withdrawal is with the client's consent, the client has the right to object within 10
days of the date of the notice.
2.4 Special Admission of Attorneys From Other States. When permitted by law or
rules, any attorney admitted to practice in the courts of record of another state who desires to be
specifically admitted to practice in a specific case pending in the court shall make application for
such special admission to the judge. Such application shall contain the following information:
1) Name, current address and telephone number of the attorney making such application;
2) A listing of the state or states in which such attorney is duly licensed to practice;
3) That the attorney seeking admission has associated in the case an attorney who is a
resident of Georgia, and who is duly and regularly admitted to practice in the courts of
this state; and,
4) The name and current office address and telephone number maintained by the
associated attorney.
Service may be had upon the associated attorney in all matters connected with said action
with the same effect as though personally made upon the out of state attorney specially admitted
to practice in the case. The out of state attorney so admitted to practice in such case shall be
subject to the orders of the court and amenable to disciplinary action as though that attorney were
regularly admitted to practice in the State of Georgia.
2.5 To Attend and Remain. Subject to the provisions of Rule 3, attorneys having
matters on calendars, or who are otherwise directed to do so, unless excused by the court, are
required to be in court at the call of the matter and to remain until otherwise directed by the
court. Should the judge excuse counsel from the courtroom before the matter is concluded such
attorney(s) shall return as directed. Failure of any attorney in this respect shall subject that
attorney to the contempt powers of the court.
RULE 3. LEAVES OF ABSENCE
3.1 Leaves for Thirty (30) Calendar Days or Less. An attorney of record shall be
entitled to a leave of absence for thirty days or less from court appearance in pending matters by
submitting to the clerk at least thirty days prior to the effective date for the proposed leave, a
written notice containing:
1) A list of the cases to be protected, including case numbers;
2) The reason for the leave of absence; and
3) The duration of the requested leave of absence.
Unless the solicitor files a written objection within 10 days, or the court responds denying the
leave, such leave will stand granted without entry of an order. If objection is filed, the court will
conduct a conference with all counsel to determine whether the court will, by order, grant the
requested leave of absence.
The clerk will retain leave of absence notices in the affected case file.
3.2 Leaves for More Than Thirty (30) Calendar Days. Application for leaves of
absence for more than thirty days must be in writing, filed with the clerk of the court, and served
upon the solicitor. The solicitor must consent to or object to the request before granting of leave
by the judge. The written application must contain all information required for 3.1 above.
3.3 Granted Leave. A 3.1 or 3.2 leave when granted shall relieve any attorney from all
trials, hearings, and other legal proceedings in that matter. This rule shall not extend any deadline
set by law or the court.
3.4 Denial of Application for Leave. Any application for leave not filed in conformance
with this rule will be denied. The clerk shall provide notice of any denial of leave to the
requesting attorney.
RULE 4. CONFLICTS OF SCHEDULE WITH OTHER COURTS
4.1 Method of Resolution. An attorney shall not be deemed to have a conflict unless:
1) The attorney is lead counsel in two or more of the actions affected; and,
2) The attorney certifies that the matters cannot be adequately handled, and the client's
interest adequately protected, by other counsel for the party or by other attorneys in
lead counsel's firm; certifies that in spite of compliance with this rule, the attorney has
been unable to resolve these conflicts; and certifies in the notice a proposed resolution
by list of such cases in the order of priority specified by this rule.
When an attorney is scheduled for a day certain by trial calendar, special setting or court
order to appear in two or more courts (trial or appellate; municipal, state, superior, or federal),
the attorney shall give prompt written notice as specified above of the conflict to opposing
counsel, to the clerk of each court and to the judge before whom each action is set for hearing.
The written notice shall contain the attorney's proposed resolution of the appearance conflicts in
accordance with the priorities established by rule of the Superior Courts of the State of Georgia,
and shall set forth the order of cases to be tried with a listing of the date and data required by
Uniform Superior Court Rules as to each case arranged in the order in which the cases should
prevail under Uniform Superior Court Rules. In the absence of objection from opposing
counselor the courts affected, the proposed order of conflict resolution shall stand as offered.
Should a judge wish to change the order of cases to be tried, such notice shall be given promptly
after agreement is reached between the affected judges. Attorneys confronted by such conflicts
are expected to give written notice such that it will be received at least seven (7) days prior to the
date of conflict. Absent agreement, conflicts shall be promptly resolved by the judge or the clerk
of the courts in accordance with the order of priorities set forth in the Uniform Superior Court
Rules.
4.2 Attorneys Serving as Part-Time Judges. The judge shall give prompt consideration
to resolving scheduling conflicts resulting from an attorney's serving as a part-time judge of a
court of record.
RULE 5. JURISDICTION AND TRANSFER OF CASES TO STATE COURT.
5.1 Jurisdiction. This court shall have jurisdiction over misdemeanor violations of the
uniform traffic laws of the State of Georgia and over misdemeanor violations of the code of
ordinances for the City of Milton, which occur within the city limits of Milton. This court shall
also have jurisdiction to hear cases involving misdemeanor violations of state laws in which the
state has granted jurisdiction to the municipal courts of this state, which occur within the city
limits of Milton.
5.2 Transfer of Cases to State Court. If it is the determination of the court that a charge
is not within the jurisdiction of the court, or if a defendant, an attorney of record for a defendant,
or the solicitor requests that a jury trial be provided on a case, the case may be bound over to the
State Court of Fulton County for trial. The court may also decide sua sponte that a case be bound
over to State Court for trial. Any request for the binding over of a case to State Court must be
written, filed with the clerk, and formally presented to the judge, on the record at arraignment, by
the solicitor, the defendant or, when there is one, the attorney of record on the case. If the request
is granted by the judge, the clerk will transfer the file to the State Court of Fulton County along
with any bond posted in the case.
RULE 6. LIMITATION OF ACCESS TO COURT FILES
All court records of disposed cases are public and are to be available for public inspection
unless public access is limited by law or by the order of the judge. The judge may order
limitation of access to files, as authorized by OCGA 17-8-6 (amended), or if motion is made to
the court with compelling reasons why harm to the privacy of an individual involved would
clearly outweigh the public interest in the case.
RULE 7. NEWS COVERAGE OF JUDICIAL PROCEEDINGS
Unless otherwise ordered by the judge after appropriate hearing (conducted after notice to all
parties and counsel of record) and findings, representatives of the print and electronic public
media may be present at and unobtrusively make written notes and sketches pertaining to any
judicial proceedings in the court. However, due to the distractive nature of electronic or
photographic equipment, representatives of the public media utilizing such equipment are subject
to the following restrictions and conditions:
(A) Persons desiring to broadcast/record/photograph official court proceedings must file a
timely written request with the court prior to the hearing or trial, specifying the particular
case or proceedings for which such coverage is intended; the type of equipment to be
used in the courtroom; the trial, hearing or proceeding to be covered; and the person
responsible for installation and operation of such equipment.
(B) Approval of the judge to broadcast/record/photograph a proceeding, if granted, shall be
granted without partiality or preference to any person, news agency, or type of electronic
or photographic coverage, who agrees to abide by and conform to these rules, up to the
capacity of the space designated therefore in the courtroom. Violation of these rules will
be grounds for a reporter/technician to be removed or excluded from the courtroom and
held in contempt.
(C) The judge may exercise discretion and require pooled coverage, which would allow only
one still photographer, one television camera and attendant, and one radio or tape
recorder outlet and attendant. Photographers, electronic reporters and technicians shall be
expected to arrange among themselves pooled coverage if so directed by the judge and to
present the judge with a schedule and description of the pooled coverage. If the covering
persons cannot agree on such a schedule or arrangement, the schedule and arrangements
for pooled coverage may be designated at the judge's discretion,
(D) The positioning and removal of cameras and electronic devices shall be done quietly
and, if possible, before or after the court session or during recesses; in no event shall such
disturb the proceedings of the court, In every such case, equipment should be in place
and ready to operate before the time court is scheduled to be called to order.
(E) Overhead lights in the courtroom shall be switched on and off only by court personnel.
No other lights, flashbulbs, flashes or sudden light changes may be used unless the judge
approves beforehand,
(F) No adjustment of central audio system shall be made except by persons authorized by the
judge. Audio recordings of the court proceedings will be from one source, normally by
connection to the court's central audio system. Upon prior approval of the court, other
microphones may be added in an unobtrusive manner.
(G) All television cameras, still cameras and tape recorders shall be assigned to a specific
portion of the public area of the courtroom or specially designed access areas, and such
equipment will not be permitted to be removed or relocated during the court proceedings.
(H) Still cameras must have quiet functioning shutters and advancers. Movie and television
cameras and broadcasting and recording devices must be quiet running. If any equipment
is determined by the judge to be of such noise as to be distractive to the court
proceedings, then such equipment can be excluded from the courtroom by the judge.
(I) Reporters, photographers, and technicians must have and produce upon request of court
officials credentials identifying them and the media company for which they work.
(J) Court proceedings shall not be interrupted by a reporter or technician with a technical or
equipment problem.
(K) Reporters, photographers, and technicians should do everything possible to avoid
attracting attention to themselves. Reporters, photographers, and technicians will be
accorded full right of access to court proceedings for obtaining public information within
the requirements of due process of law, so long as it is done without detracting from the
dignity and decorum of the court.
(L) Other than as permitted by these rules and guidelines, there will be no photographing,
radio or television broadcasting, including videotaping pertaining to any judicial
proceedings within the courtroom, whether or not the court is actually in session.
(M) No interviews pertaining to a particular judicial proceeding will be conducted in the
courtroom except with the permission of the judge.
(N) A request for installation and use of electronic recording, transmission, videotaping or
motion picture or still photography of any judicial proceeding shall be evaluated pursuant
to the standards set forth in OCOA 15-1-10.1.
RULE 8. RECUSAL
8.1 Motions. All motions to recuse or disqualify the presiding judge, with the exception
of the judge's own motion when he so chooses to recuse himself, shall be timely filed in writing
and all evidence thereon shall be presented by accompanying affidavit(s), which shall fully assert
the facts upon which the motion is founded. Filing and presentation to the judge shall be not later
than five (5) days after the affiant first learned of the alleged grounds for disqualification, and
not later than ten (10) days prior to the hearing or trial which is the subject of recusal or
disqualification, unless good cause be shown for failure to meet such time requirements. In no
event shall the motion be allowed to delay the trial or proceeding.
8.2 Affidavit. The affidavit shall clearly state the facts and reasons for the belief that bias
or prejudice exists, being definite and specific as to time, place, persons and circumstances of
extra-judicial conduct or statements, which demonstrate either bias in favor of any adverse party,
or prejudice toward the moving party in particular, or a systematic pattern of prejudicial conduct
toward the persons similarly situated to the moving party, which would influence the judge and
impede or prevent impartiality in that action. Allegations consisting of bare conclusions and
opinions shall not be legally sufficient to support the motion or warrant further proceedings.
8.3 Procedure Upon a Motion for Disqualification. Any motion for disqualification of
the presiding judge shall be assigned for hearing to another judge. If the motion is sustained, the
selection of another judge to hear the case shall be made. Otherwise the case may be bound over
to Fulton County State Court at the discretion of the solicitor and the hearing judge.
8.4 Voluntary Recusal. If the judge, either on the motion of the defendant or the judge's
own motion, voluntarily disqua1ifies, the associate judge or another judge shall be assigned to
hear the case. A voluntary recusal shall not be construed as either an admission or denial to any
allegations that have been set out in the motion.
RULE 9. POST -ARREST PROCEEDINGS
9.1 Bonds and First Appearances. Immediately following any arrest but not later than
48 hours, unless the accused has made bond in the meantime, the arresting officer or the
detention officer having custody of the accused shall present the accused in person before the
judge on-call for first appearance.
At the first appearance, the judge shall:
1) Inform the accused of the charges;
2) Inform the accused of the right to remain silent, that any statement made may
be used against the accused, and of the right to the presence and advice of an
attorney;
3) Make a fair and reliable determination of the probable cause for the arrest; and
4) Inform the accused of the amount of bail required on the charges, and the
methods that may be used to post a bond.
RULE 10. ARRAIGNMENT
10.1 Arraignment Calendar. Notice of the arraignment date and time shall be given to
defendants. It will be the responsibility of the clerk for collection and entry of citations and
summons to the arraignment calendar. The clerk will keep the schedule of arraignment dates and
notify the police department of dates and changes to dates for assignment of cases.
10.2 Call for Arraignment. At the call of the calendar on arraignment dates the court
will advise the defendant of the charge(s) against him/her and inquire whether the accused is
represented by counsel.
Unless the case is continued for good cause, the accused or the attorney of record shall
answer whether the accused pleads guilty, not guilty, or wishes to speak to the solicitor for the
purpose of negotiating a plea pursuant to section 12.3 of these rules. Those who plead not guilty
will be given the choice of a bench trial to be set in front of the judge on a trial calendar, or if
eligible, have the case bound over to State Court in Fulton County for a jury trial.
The judge, at his discretion, may specially set a case for a trial.
RULE 11. TRIALS
11.1 Trial Calendar. Trial dates shall be set periodically as necessary determined by the
number of trial requests. Continuance notices for trial dates shall be issued by the clerk on
arraignment dates, in open court, and shall be signed by the defendant or attorney of record, and
the clerk. The signed continuance will constitute notice of trial date.
11.2 Trial Procedure. The court will follow the conduct of proceedings for trials laid out
in Title 17, Chapter 8, Article 3 of the Official Code of Georgia (amended). The court will also
follow the conduct and argument of counsel as laid out in Title 17, Chapter 8, Article 4 of the
Official Code of Georgia (amended).
RULE 12. PLEADING BY DEFENDANT
12.1 Alternatives. A defendant may plead guilty, not guilty, or in the discretion of the
judge, nolo contendere. A plea of guilty or nolo contendere should be received only from the
defendant personally in open court. The only exception will be at the judge's discretion to accept
a plea from the attorney of record in absentia.
A defendant may plead nolo contendere only with the consent of the judge. Such a plea
should be accepted by the judge only after due consideration of the interest of the public in the
effective administration of justice. Procedurally, a plea of nolo contendere should be handled
under these rules in a manner similar to a plea of guilty.
12.2 Aid of Counsel - Time for deliberation. A defendant shall not be called upon to
plead before having an opportunity to retain counsel. A defendant with counsel shall not be
required to enter a plea if counsel makes a reasonable request for additional time to represent the
defendant's interest, or if the defendant has not had a reasonable time to consult with counsel.
A defendant without counsel should not be called upon to plead to any offense without
having had a reasonable time to consider this decision. When a defendant without counsel
tenders a plea of guilty or nolo contendere to an offense, the court should not accept the plea
unless it is reaffirmed by the defendant after a reasonable time for deliberation, following the
advice from the court required in section 12.8.
12.3 Propriety of Plea Discussions and Plea Agreements. In cases in which it appears
that the interests of the public in the effective administration of criminal justice would thereby be
served, the solicitor may engage in plea discussions for the purpose of reaching a plea
agreement. The solicitor should engage in plea discussions or reach a plea agreement with the
defendant only through defense counsel, except when the defendant does not desire and has not
retained counsel.
The solicitor, in reaching a plea agreement, may agree to one or more of the following, as
dictated by circumstances of the individual case:
1) To make or not to oppose favorable recommendations as to the sentence which
should be imposed if the defendant enters a plea of guilty or nolo contendere;
2) To seek or not to oppose dismissal of the offense charged if the defendant enters a plea
of guilty or nolo contendere to another offense reasonably related to the defendant's
conduct; or,
3) To seek or not to oppose dismissal of other charges or potential charges against the
defendant if the defendant enters a plea of guilty or nolo contendere.
12.4 Relationship Between Defense Counsel and Client. Defense counsel should
conclude a plea agreement only with the consent of the defendant, and should ensure that the
decision to enter or not enter a plea of guilty or nolo contendere is ultimately made by the
defendant.
To aid the defendant in reaching a decision, defense counsel, after appropriate
investigation, should advise the defendant of the alternatives available and of considerations
deemed important by him in reaching a decision.
12.5 Responsibilities of the Judge. The judge should not participate in plea discussions.
If a tentative agreement has been reached, upon request of the parties, the judge may permit the
parties to disclose the tentative agreement and the reasons therefore in advance of the time for
the tendering of the plea. The judge may then indicate to the solicitor and defense counsel
whether the judge will likely concur in the proposed disposition if the information developed in
the plea hearing or presented in the pre-sentence report is consistent with the representations
made by the parties. If the judge concurs but the final disposition differs from that contemplated
by the plea agreement, then the judge shall state for the record what information in the pre-
sentence report or hearing contributed to the decision not to sentence in accordance with the plea
agreement.
When a plea of guilty or nolo contendere is tendered or received as a result of a plea
agreement, the judge should give the agreement due consideration, but notwithstanding its
existence, must reach an independent decision on whether to grant charge or sentence leniency
under the principles set forth in section 12.6 of these rules.
12.6 Consideration of Plea in Final Disposition. It is proper for the judge to grant
charge and sentence leniency to defendants who enter pleas of guilty or nolo contendere where
the interests of the public in the effective administration of criminal justice are thereby served.
Among the considerations which are appropriate in determining this question are:
1) That the defendant by entering a plea has aided in ensuring the prompt and certain
application of correctional measures;
2) That the defendant has acknowledged guilt and shown a willingness to assume
responsibility for conduct;
3) That the leniency will make possible alternative correctional measures which are
better adapted to achieving rehabilitative, protective, deterrent or other purposes of
correctional treatment, or will prevent undue harm to the defendant from the form of
conviction;
4) That the defendant has made public trial unnecessary when there are good
reasons for not having the case dealt with in a public trial;
5) That the defendant has given or offered cooperation when such cooperation has
resulted or may result in the successful prosecution of other offenders engaged
in equally serious or more serious criminal conduct;
6) That the defendant by entering a plea has aided in avoiding delay (including delay due
to crowded dockets) in the disposition of other cases and thereby has increased the
probability of prompt and certain application of correctional measures to other
offenders.
The judge should not impose upon a defendant any sentence in excess of that which
would be justified by any of the rehabilitative, protective, deterrent or other purposes of the
criminal law merely because the defendant has chosen to require the prosecution to prove the
defendant's guilt at trial rather than to enter a plea of guilty or nolo contendere.
12.7 Determining Voluntariness of Plea. The judge shall not accept a plea of guilty or
nolo contendere without first determining, on the record, that the plea is voluntary. By inquiry of
the prosecuting attorney and defense counsel, the judge should determine whether the tendered
plea is the result of prior plea discussions and a plea agreement, and if it is, what agreement has
been reached. If the prosecuting attorney has agreed to seek charge or sentence leniency which
must be approved by the judge, the judge must advise the defendant personally that the
recommendations of the prosecuting attorney are not binding on the judge. The judge should
then address the defendant personally and determine whether any other promises or any force or
threats were used to obtain the plea.
12.8 Defendant to be Informed. The judged should not accept a plea of guilty or nolo
contendere from a defendant without first:
1) Determining on the record that the defendant understands the nature of the charge(s);
2) Informing the defendant on the record that by entering a plea of guilty or nolo
contendere one waives:
a) the right to trial by jury;
b) the presumption of innocence;
c) the right to confront witnesses against oneself;
d) the right to subpoena witnesses;
e) the right to testify and to offer other evidence;
f) the right to assistance of counsel during trial;
g) the right not to incriminate oneself; and
3) Informing the defendant on the record:
a) of the terms of any negotiated plea;
b) the maximum possible sentence on the charge(s), including that possible from
consecutive sentences;
c) of the mandatory minimum sentence, if any on the charge(s). this
information may be developed by questions from the judge, the solicitor or
the defense attorney, or a combination of any of these.
12.9 Determining accuracy of Plea. Notwithstanding the acceptance of a plea of guilty,
judgment should not be entered upon such plea without such inquiry on the record as may satisfy
the judge that there is a factual basis for the plea.
12.10 Stating Intention to Reject the Plea Agreement. If the court intends to reject the
plea agreement, the judge shall, on the record, inform the defendant personally that 1) the court
is not bound by any plea agreement; 2) the court intends to reject the plea agreement presently
before it; 3) the disposition of the present case may be less favorable to the defendant than that
contemplated by the plea agreement; and 4) that the defendant may then withdraw his or her
guilty plea as a matter of right. If the plea is not then withdrawn, sentence may be pronounced.
12.11 Record of Proceedings. A verbatim record of the proceedings at which a
defendant enters a plea of guilty or nolo contendere shall be made and preserved. The record
should include:
1) the inquiry into the voluntariness of the plea (as required in section 12.7);
2) the advice to the defendant (as required in section 12.8);
3) the inquiry into the accuracy of the pleas (as required in section 12.9); and, if
applicable,
4) the notice to the defendant that the court intends to reject the plea agreement and the
defendant's right to withdraw the guilty plea before sentence is pronounced.
12.12 Plea Withdrawal. After sentence is pronounced, the judge should allow the
defendant to withdraw a plea of guilty or nolo contendere whenever the defendant, upon a timely
motion for withdrawal, proves that withdrawal is necessary to correct a manifest injustice.
In the absence of a showing that withdrawal is necessary to correct a manifest injustice, a
defendant may not withdraw a plea of guilty or nolo contendere as a matter of right once
sentence has been pronounced by the judge.
RULE 13. APPEALS
All appeals of trial cases must be made by certiorari to the Superior Court of Fulton
County in the manner set forth in Title 5 Chapter 4 of the Official Code of Georgia, amended.
All certiorari appeals must be applied for no more than 30 days from the date of disposition.
RULE 14. POST-SENTENCE INFORMATION
The clerk shall forward all pertinent disposition information that is required by law to the
Department of Motor Vehicle Safety.
All disposition information on reported arrests shall be forwarded by the clerk to the
Georgia Crime Information Center after disposition of the charges.
RULE 15. FILING AND MOTIONS
15.1 Preparation of Documents. To the extent practical, all materials presented for
filing in this court shall be typed, legibly written or printed in black ink suitable for reproduction,
on opaque white paper measuring 8 1\2” X 11" of a good quality, grade and weight. Manuscript
covers and backings shall be omitted wherever practical.
15.2 Timely Filing of Motions. All motions should be filed with the clerk and copied to
the solicitor no less than 10 days before scheduled trial dates.
15.3 Location of Originals. All original documents, motions and pleadings shall remain
in the custody of the clerk except as provided by the judge, these rules, or as otherwise provided
by law.
15.4 Maintenance of Files. All files of court cases shall be maintained by the clerk as
required by the record retention schedules for the State of Georgia.
RULE 16. BONDS AND RECOGNIZANCES
This court shall follow rules and procedure pertaining to bonds, bondsmen, judgments
absolute, and bond forfeitures as set forth in Title 17, Chapter 6 of the Official Code of Georgia,
amended.
** Any other rules not herein enumerated shall be referred to the Uniform Superior Court Rules
of Georgia. **
APPENDIX A
Code of Conduct for NonJudicial Court Employees
Introduction
The holding of public employment in the court system is a public trust justified by the
confidence that the citizenry reposes in the integrity of officers and employees of the judicial
branch. A court employee, faithful to that trust, therefore shall observe high standards of conduct
so that the integrity and independence of the courts may be preserved. Court employees shall
carry out all duties assigned by law and shall put loyalty to the principles embodied in this Code
above loyalty to persons or parties. A court employee shall uphold the Constitution, laws and
legal regulations of the United States, the State of Georgia and the City of Smyrna, and never be
a party to their evasion. A court employee shall abide by the standards set out in this Code and
shall endeavor to expose violations of this Code wherever they may appear to exist.
Scope
1) The Code shall apply to all employees who directly or indirectly affect the court’s
operation. A suggested listing of such employees would include: court clerks, docket
clerks, data processing personnel, bailiffs and judicial secretaries, as well as court
managers and their staffs. This list is intended to be illustrative and does not imply that
other employees should be omitted. For example, if janitors in the court building have
contact with the public or have the authority to purchase supplies for the court, then the
Code should apply to these employees as well.
2) This Code is not intended to apply to law clerks, who should be held to a higher standard
of conduct, nor to court reporters, who are bound by the “Code of Professional Conduct
of the National Shorthand Reporters Association”.
3) The term “court employee” includes within its scope those court employees who are also
court managers.
4) The term “court clerk” includes within its scope all court employees who have important
supervisory responsibilities. Each jurisdiction must identify the particular court
employees who function as managers within that court system.
Section One: Abuse of Position
A) No employee shall use or attempt to use his or her official position to secure unwarranted
privileges or exemptions for the employee or others.
B) No employee shall accept, solicit, or agree to accept any gift, favor or anything of value based
upon any understanding, either explicit or implicit, that the official actions, decisions or
judgment of any employee would be influenced thereby. Gifts that do not violate this prohibition
against abuse of position are further regulated in Section Three, Subsection B.6.
C) No employee shall request or accept any fee or compensation, beyond that received by the
employee in his or her official capacity, for advice or assistance given in the course of his or her
public employment.
D) No employee shall discriminate by dispensing special favors to anyone, whether or not for
remuneration, nor shall any employee so act that the employee is unduly affected or appears to
be affected by kinship, rank, position or influence of any party or person.
E) Each employee shall use the resources, property and funds under the employee’s official
control judiciously and solely in accordance with prescribed statutory and regulatory procedures.
F) Each employee shall immediately report to the appropriate authority any attempt to induce
him or her to violate any of the standards set out above.
Section Two: Confidentiality
A) No court employee shall disclose to any unauthorized person for any purpose any confidential
information acquired in the course of employment, or acquired through unauthorized disclosure
by another.
B) Confidential information includes, but is not limited to, information on pending cases that is
not already a matter of public record and information concerning the work product of any judge,
law clerk, staff attorney or other employee including, but not limited to, notes, papers,
discussions and memoranda.
C) Confidential information that is available to specific individuals by reason of statute, court
rule or administrative policy shall be provided only by persons authorized to do so.
D) Every court employee shall report confidential information to the appropriate authority when
the employee reasonable believes this information is or may be evidence of a violation of law or
unethical conduct. No court employee shall be disciplined for disclosing such confidential
information to an appropriate authority.
E) The Court Clerk should educate court employees about what information is confidential and,
where appropriate, should designate materials as confidential.
F) Court employees are not precluded from responding to inquiries concerning court procedures,
but a court employee shall not give legal advice. Standard court procedures, such as the method
for filing an appeal or starting a small claims action, should be summarized in writing and made
available to litigants. All media requests for information should be referred to the court employee
designated for that purpose.
G) No court employee shall either initiate or repeat ex parte communications from litigants,
witnesses or attorneys to judges, or any other person.
H) A former court employee should not disclose confidential information when disclosure by a
current court employee would be a breach of confidentiality.
Section Three: Conflict of Interest
A) Every court employee shall avoid conflicts of interest, as defined below, in the performance
of professional duties. Even though no misuse of office is involved, such a conflict of interest
involving a court employee can seriously undermine the community’s confidence and trust in the
court system. Therefore, every court employee is required to exercise diligence in becoming
aware of conflicts of interest, disclosing conflicts to the designated authority and ending them
when they arise.
1) A conflict of interest exists when the court employee’s objective ability or independence
of judgment in the performance of his or her job is impaired or may reasonably appear to
be impaired or when the court employee, or the employee’s immediate family, as defined
below, or business would derive financial gain as a result of the employee’s position
within the court system.
2) No conflict of interest exists if any benefit or detriment accrues to the employee as a
member of a profession, business or group to the same extent as any other member of the
profession, business or group who does not hold a position within the court system
3) For the purposes of this Code, “immediate family” shall include the following, whether
related by marriage, blood or adoption: spouse; dependent children; brother; sister;
parent; grandparent; grandchildren; father-in-law; mother-in-law; sister-in-law; brother-
in-law; son-in-law; daughter-in-law; stepfather; stepmother; stepson; stepdaughter;
stepbrother; stepsister; half-brother; half-sister.
B) Prohibited Activities:
1) No court employee shall enter into any contract with the court system for services,
supplies, equipment, leases or realty, apart from the employment contract relating to the
employee’s position, nor use that position to assist any member of his or her immediate
family in securing a contract with the court system in a manner not available to any other
interested party.
2) No court employee shall receive tips or other compensation for representing, or assisting
or consulting with parties engaged in transactions or involved in proceedings with the
court system.
3) No court employee shall participate in any business decision involving a party with
whom either the court employee or any member of the employee’s immediate family is
negotiating for future employment.
4) No former court employee shall engage in transactions or represent others in transactions
or proceedings with the court system for one year after termination of employment in any
matter on which the former employee was substantially involved or in any dealings with
offices or positions that the former employee once held.
5) No court employee shall knowingly employ, advocate or recommend for employment
any member of his or her immediate family.
6) No court employee shall solicit, accept or agree to accept any gifts, loans, gratuities,
discounts, favors, hospitality or services under circumstances from which it could
reasonably be inferred that a major purpose of the donor is to influence the court
employee in the performance of official duties.
a) Nothing in this section shall prohibit an employee from accepting a public award
presented in recognition of public service.
b) Nothing in this section shall prohibit an employee from receiving a commercially
reasonable loan made as part of the ordinary transaction of the lender’s business.
c) Nothing in this section shall prohibit any person from donating a gift to a group of
employees, e.g. all the employees of an office or unit of the court system,
provided that the value and circumstances of the gift are such that it could not be
reasonably inferred that the gift would influence the employees in the
performance of their official duties or that such influence was the purpose of the
donor, and provided that any employee accepting such a gift promptly report the
gift to the supervisor, who shall be responsible for its proper distribution. Gifts
received with the understanding that they will influence employees’ official
actions, decisions or judgments are prohibited as abuse of office in Section One,
Subsection B.
d) Nothing in this section shall prohibit any person or group from donating a gift of
historical or other significant value that is given for the benefit of the court
system, provided that such a gift is received on behalf of the court system by the
appropriate designated authority.
C) To secure conformity to the above standards, every court employee who has authority to enter
into or to approve contracts in the name of the court system shall file a financial disclosure
statement with the appropriate designated authority upon beginning employment in such
position, at termination of employment, and annually while so employed. Such disclosure shall
include all sources of and contractual arrangements for personal income, including investments
and real property, business entity income and business position income held or received by
themselves, their spouses or their dependent children, and shall follow the guidelines established
by the appropriate designated authority.
D) Each full-time court employee’s position with the court system must be the employee’s
primary employment. Outside employment is permissible only if it complies with all the
following criteria:
1) The outside employment is not with an entity that regularly appears in court or
conducts business with the court system. And it does not require the court employee
to have frequent contact with attorneys who regularly appear in the court system; and
2) The outside employment is capable of being fulfilled outside of normal working
hours and is not incompatible with the performance of the court employee’s duties
and responsibilities; and
3) The outside employment does not require the practice of law; and
4) The outside employment does not require or induce the court employee to disclose
confidential information acquired in the course of and by reason of official duties;
and
5) The outside employment shall not be within the judicial, executive or legislative
branch of government without written consent of both employers; and
6) Where a conflict of interest exists or may reasonably appear to exist or where the
outside employment reflects adversely on the integrity of the court, the employee
shall inform the appropriate designated authority proper to accepting the other
employment.
Section Four: Political Activity
A) Each employee retains the right to vote as the employee chooses and is free to participate
actively in political campaigns during non-working hours. Such activity includes, but is not
limited to, membership and holding office in a political party, campaigning for a candidate in a
partisan election by making speeches and making contributions of time or money to individual
candidates, political parties or other groups engaged in political activity. An employee who
chooses to participate in political activity during off-duty hours shall not use his or her position
or title within the court system in connection with such political activities.
B) With the exception of officers of the court who obtain their position by means of election, no
employee shall be a candidate for or hold partisan elective office. With the same exception, and
employee who declares an intention to run for partisan elective office shall take an unpaid leave
of absence upon the filing of nomination papers. If elected, he or she shall resign. An employee
may be a candidate for non-partisan office without separating from employment, provided that
the employee complies with the requirements of this Code concerning performance of duties,
conflicts of interest, etc.
C) No employee shall engage in any political activity during scheduled work hours, or when
using government vehicles or equipment, or on court property. Political activity includes, but is
not limited to:
1) Displaying campaign literature, badges, stickers, signs or other items of political
advertising on behalf of any party, committee, agency or candidate for political
office;
2) Using official authority or position, directly or indirectly, to influence or attempt to
influence any other employee in the court system to become a member of any
political organization or to take part in any political activity;
3) Soliciting signatures for political candidacy;
4) Soliciting or receiving funds for political purposes.
D) No employee shall discriminate in favor of or against any employee or applicant for
employment on account of political contributions or permitted political activities.
Section Five: Performance of Duties
A) Every court employee shall endeavor at all times to perform official duties properly and with
diligence. Every court employee shall apply full-time energy to the business and responsibilities
of the employee’s office during working hours.
B) Every court employee shall carry out responsibilities as a servant of the public in as courteous
a manner as possible.
C) Every court employee shall maintain or obtain current licenses or certificates as a condition of
employment as required by law or court rule.
D) No court employee shall alter, falsify, destroy, mutilate, backdate or fail to make required
entries on any records within the employee’s control. This provision does not prohibit alteration
or expungement of records or documents pursuant to a court order.
E) No court employee shall discriminate on the basis of nor manifest, by words or conduct, bias
or prejudice based on race, religion, national origin, gender, sexual orientation or political
affiliation in the conduct of service to the court.
F) No court employee shall give legal advice or recommend the names of private attorneys.
G) No court employee shall refuse to enforce or otherwise carry out any properly issued rule or
order of court, nor shall court employees exceed that authority. No court employee shall be
required to perform any duties outside the scope of the assigned job description.
H) Every court employee shall immediately report violations of this Code to the appropriate
designated authority.
I) Court employees who are law students, attorneys or members of other professional groups are
also bound by the appropriate professional duties of those roles.
Section Six: Court Clerk
A) The Court Clerk regularly shall update their education.
B) The Court Clerk shall require employees subject to their direction and control to observe the
ethical standards set out in this Code.
C) The Court Clerk shall diligently discharge their administrative responsibilities, maintain
professional competence in judicial administration and facilitate the performance of other court
employees.
D) The Court Clerk shall take action regarding any unethical conduct of which they may become
aware, initiating appropriate disciplinary measures against an employee for any such conduct and
reporting to the appropriate authorities evidence of any unethical conduct by judges or lawyers.
E) The Court Clerk shall not act as a leader in or hold office in any political organization, make
speeches for any political organization or publicly endorse a candidate for political office.
APPENDIX B
INDIGENT DEFENSE PLAN
CITY OF MILTON, GEORGIA
1. CREATION OF PLAN:
There is hereby created and approved by the City Council of the City of Milton, Georgia, as the
governing authority of Milton, a plan for the representation of indigent defendants in criminal
cases.
2. DECLARATION OF POLICY:
It is the policy of the governing authority to provide the constitutional guarantees of the right to
the effective assistance of counsel and equal access to the courts to all citizens in criminal cases
and to provide:
(a) Adequate defense services for indigent persons accused of crimes;
(b) Adequate compensation for counsel of indigent persons accused of crimes;
(c) Guidelines to insure that indigent persons receive a fair trial;
(d) A system to insure that the responsibility to provide fair and adequate defense to indigent
persons is met;
(e) That independence of counsel is insured;
(f) For defense counsel training to promote economy and competent representation; and
(g) Reasonably early entry into indigent cases by counsel so that the indigent accused shall
be represented prior to any critical stage of the prosecution.
3. THE ADMINISTRATOR FOR THE PLAN:
(a) The administration of the system for providing legal representation for indigent
defendants in criminal cases shall be the responsibility of the administrator of the
Indigent Defense Plan, hereinafter referred to as the Administrator. The Administrator
shall be an employee of the City of Milton, and appointed by the Chief Judge of the
Milton Municipal Court. The Administrator shall perform such duties and assignments as
are prescribed by the City of Milton in addition to those specified herein:
a. The Administrator shall within a reasonable period of time following the arrest
and detention of any person, appoint counsel for those who are indigent and
without counsel and who wish to have council appointed for them;
b. Clearly advise the detained person of his or her right to have counsel and that if he
or she cannot afford a lawyer, one will be appointed to represent him or her; and
c. Allow or assist a person claiming to be indigent and without counsel immediately
to complete an application for appointment of an attorney and a certificate of
financial resources for a determination of indigency.
(b) The financial eligibility of a person applying for an appointed lawyer shall be determined
by the administrator of the Indigent Defense Plan.
(c) Upon a determination of indigency, the administrator shall immediately appoint an
attorney to represent that defendant and shall notify the attorney, the indigent defendant,
the Solicitor, and the Custodian of the jail if defendant is still in custody, of the
appointment. The original authorization of appointment shall be filed with the clerk’s
office file along with the original accusation or warrant; a copy of the authorization shall
be forwarded to the lawyer appointed to represent the defendant, the indigent defendant
himself, and the Solicitor.
(d) A defendant who is brought before a judicial officer within forty-eight (48) hours of his
arrest, if he is advised of his right to appointed counsel, is permitted orally to request the
appointment of counsel, and be questioned as to his financial eligibility, and upon
determination made by the judicial officer of the eligibility of the defendant, a lawyer
may be appointed immediately for that defendant without the requirement of a written
application. In such case, notice shall be given as specified above.
4. POWERS AND DUTIES OF THE INDIGENT DEFENSE PLAN ADMINISTRATOR:
COUNSEL:
(a) The Administrator shall create and maintain a list or roster of private attorneys who shall
be qualified to represent defendants in criminal cases and who shall be appointed to do so
according to the following criteria:
(1) Appointment of private attorneys shall be made on an impartial and equitable
basis;
(2) The cases shall be distributed among the attorneys to insure balanced work loads
through a strict rotation system;
(3) More difficult or complex cases shall be assigned to attorneys with sufficient
levels of experience and competence to afford adequate representation;
(4) Less experienced attorneys should be assigned cases which are within their
capabilities, but should be given the opportunity to expand their experience under
supervision; and
(b) All members of the State of Georgia Bar Association who desire to practice in the City of
Milton are subject to being included on the list or roster of attorneys to whom indigent
criminal defense cases can be appointed.
(c) The Administrator shall operate the plan so as to insure that the counsel appointed for
indigent defendants shall be politically autonomous and free from influence, guidance, or
control from any other authority in the discharge of his or her professional duties within
the bounds of the law and the code of professional responsibility.
(d) The Administrator shall select only competent lawyers to represent criminal defendants
and their competence and effectiveness on the job shall be monitored and assessed.
Indicators of performance are:
(1) Early entry into representation of the client;
(2) Vigorous and independent representation of the client;
(3) Participation in training activities and continuing legal education; and
(4) Effective and reasonable use of time and resources.
(e) In selecting lawyers to participate in the Indigent Defense Plan, the Administrator shall
satisfy her/himself that the lawyer selected is competent, meaning:
(1) Has adequate educational background;
(2) Has demonstrated ability to perform competent trial work;
(3) The lawyer conducts his professional work in an ethical manner; and
(4) Is a member in good standing of the State Bar of Georgia.
5. THE ROLE OF LAW ENFORCEMENT:
Any law enforcement authority having custody of any person shall:
(a) Allow a person claiming to be indigent and without counsel to complete an application
for an attorney and certificate of financial resources and forward that application to the
administrator of the Indigent Defense Plan for a determination of indigency or not;
(b) Advise detained persons of their right to have counsel and if they cannot afford a lawyer
that one will he appointed to assist them;
(c) Accomplish these procedures within a reasonable time after arrest and detention; and
(d) Attempt to contact the Administrator for the completion of an application for an attorney
and certificate of financial resources.
6. FINANCIAL ELIGIBILITY:
(a) Eligible accused persons include all applicants for an attorney with net income below a
level set by the Georgia Indigency Defense Council according to Federal Health and
Human Services guidelines and revised periodically.
(b) The following special needs of a family unit may be deducted from net income in
determining eligibility:
(1) Child care expenses for working custodial parent;
(2) Legally required support payments to dependents, including child support;
(3) Unusual, excessive, or extraordinary medical or other expenses.
(c) Definitions:
(1) "Net income" shall include only a client's take home pay, which is the gross
income minus those deductions required by law or as a condition of employment;
(2) "Family unit" includes the defendant, spouse (if living together), any minor
children who are unemployed and living at home, and any infirm or permanently
disabled person living with the defendant for whom the defendant has assumed
financial responsibility. The income of a minor child who is attending school full
time, but has after school employment or does odd jobs, shall not be attributed to
or included in the income of the family unit. Other persons, if living in the same
household, with the defendant, may be deemed a member of the family unit.
(d) Regardless of prima facie eligibility on the basis of income, a person who has sufficient
assets that are easily converted to cash by sale or mortgage may not be qualified for
representation if it would not impose a substantial financial hardship to convert those
assets to cash.
(e) Counsel may be appointed for any accused who is unable to obtain counsel due to special
circumstances such as emergency, hardship, or a documented refusal of the case by
members of the private bar because of financial inability to pay legal fees.
7. APPOINTMENT OF COUNSEL:
(a) Counsel shall be appointed for every eligible person in custody within a reasonable
period of time of arrest or detention.
(b) A person released from custody requesting an attorney, who has not been appointed a
lawyer, shall be notified before arraignment of the right to receive Court appointed
counsel and the procedure to be followed to have eligibility determined and counsel
appointed.
(c) A determination of indigent status of a criminal defendant will be made within a
reasonable period of time of arrest for all defendants who have not made bond, and
immediately following request for application for all other defendants. This
determination will be made by the Administrator using the form set out in USCR 29.3
and the standard of eligibility set out in O.C.G.A. §17-12-10 and USCR 29.6 Uniform
Eligibility Guidelines. An attorney appointed shall be notified by telephone or in writing
within a reasonable period of time of the appointment.
8. RESPONSIBILITIES OF COUNSEL:
(a) An attorney appointed to represent an indigent defendant shall contact the defendant
within a reasonable period of time after receipt of the appointment, especially if the
defendant is in custody.
(b) Counsel shall actively represent his client at every stage of the criminal proceeding.
(c) Counsel shall represent his client vigorously within the bounds of the law and ethical
conduct.
(d) Counsel shall at all times perform his role as counsel independently.
(e) Counsel shall responsibly manage and account for his time in rendering services under
the plan.
9. RATES OF COMPENSATION:
(a) Hourly rates: Lawyers will be paid $45.00 per hour for out-of-court time reasonably spent
in the investigation and preparation of the case; and will be paid $65.00 per hour for in-
court time, including, but not necessarily limited to, time reasonably expended at
calendar calls, arraignments, motion hearings, and actual trial time.
(b) The Administrator will review and authorize for payment of the vouchers submitted by
appointed attorneys for amounts not to exceed $300.00.
(c) In the event of a voucher which exceeds the guideline maximum set forth above, the
Administrator may call on the attorney submitting that voucher to justify that portion of
the voucher in excess of the proposed fee guideline.
(d) In the event that the attorney is unable to justify the voucher to the satisfaction of the
Indigent Defense Administrator, then the Administrator shall seek to find a compromise
figure acceptable to the City and the attorney.
(e) In the event that the Indigent Defense Plan Administrator and the attorney submitting the
voucher cannot resolve or compromise their differences regarding the payment of the fee,
then the voucher will be submitted to the trial judge, or in the case of a guilty plea to the
sentencing judge, who shall review the voucher for payment and resolve the fee dispute,
taking into account, among other things, the nature and complexity of the case and the
legal and factual issues involved. The decision of the trial judge shall be final and not
subject to review in any other place.
10. REIMBURSEMENT OF ATTORNEY'S FEES BY DEFENDANT:
(a) All attorneys appointed under this plan to represent criminal defendants shall be paid
from City funds under the provisions of this plan.
(b) When the sentencing judge deems it appropriate under O.C.G.A. §17-12-10 and 11 or
§17-12-40 that a defendant should reimburse the city for the attorney's fees and expenses
incurred under this plan, the Court may order that reimbursement to the City as part of
the judgment of conviction and sentence in the case.
IN THE MUNICIPAL COURT OF THE CITY OF MILTON
STATE OF GEORGIA
ORDER
WHEREAS, pursuant to The Code of Milton, State of Georgia, Section 5.13 of the
Charter, the Judge shall have full power and authority to make reasonable rules and regulations
necessary and property to secure the efficient and successful administration of the municipal
court.
IT IS THEREFORE THE ORDER of this Honorable Court that the Uniform Rules of the Milton
Municipal Court be adopted this day of ,20 nunc pro tunc to
the day of ,20_______.
Municipal Court Judge
City of Milton
.......... _ —
13000 Deerfield Parkway, Building 100, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: March 5, 2007
FROM: City Manager
AGENDA ITEM: An Ordinance to Amend Chapter 4, Municipal Court of the City of Milton
Code of Ordinances
MEETING DATE: Thursday, March 15, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: M APPROVED
CITY ATTORNEY APPROVAL REQUIRED: {) YES
PLACED ON AGENDA FO�,R�:n�
REMARKS: { vim` ,
() NOT APPROVED
City of Milton
To: Honorable Mayor and City Council Members
From: Jeanette Marchiafava, City Clerk and Clerk of the Court
Date: March 1, 2007 for Submission onto the March 15, 2007 City Council
Meeting
Agenda Item: Ordinance to amend Chapter 4, Municipal Court, of the City of Milton Code of
Ordinances
CMO (City Manager’s Office) Recommendation:
To approve the attached ordinance to amend the City of Milton Code of Ordinances . Chapter 4
Municipal Court.
Background:
There are statements in Chapter 4 that could be construed to be conflicting with regulations for
municipal courts set forth in the Official Code of Georgia Annotated (Title 36, Chapter 32).
Discussion:
The attached ordinance amends Chapter 4, in various sections to correct spelling and so that
the wording does not appear to be in conflict with State regulations for municipal courts.
Alternatives:
N/A
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
ORDINANCE NO. 07-
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 4 MUNICIPAL COURT OF THE CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA
AS ATTACHED HERETO AND INCORPORATED HEREIN
BE IT ORDAINED by the City Council of the City of Milton, GA while in regular session on March
____, 2007 at 7:00 p.m. as follows:
SECTION 1. That the ordinance relating to the Municipal Court shall reflect the changes
included in the attachment hereto as if fully set forth herein;
SECTION 2. That this ordinance is hereby adopted and approved; and
SECTION 3. This ordinance shall become effective upon signing.
ORDAINED this the ______ day of March, 2007
_______________________________
Joe Lockwood, Mayor
Attest:
______________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
Page 1 of 5
Chapter 4: Municipal Court
Article 1: General Provisions
Section 1: Creation of the Court
In accordance with Article V, Judicial Branch, Section 5.10, Municipal Court of the
Charter, the City hereby creates the Municipal Court of the City of Milton. The powers and
jurisdiction of said Court are described in Article V, Judicial Branch of the Charter.
Section 2: Judges
(a) In accordance with Article V, Judicial Branch, Section 5.11, Judges, the Council shall
appoint a chief judge and such part-time, full-time, or stand-by judges as needed by ordinance.
Compensation shall be fixed by the Council.
(b) The Municipal Court Chief Judge shall serve a term of four (4) years, coincident with the
term of the mayor and may be reappointed to consecutive terms thereafter.
(d) Judges appointed for the Municipal Court may be removed from office in accordance with
Article V, Judicial Branch, Section 5.11, Judges by a vote of five members of the city council or
upon action taken by the Judicial Qualification Commission.
(e) Municipal Court Judges, in addition to the powers conferred upon them by the Charter, shall
have the powers as conferred upon Magistrates by O.C.G.A. 15-10-2 and O.C.G.A.36-32-3.
Section 3: Additional Personnel
(a) Clerk of the Court. The City Manager shall appoint the Municipal Court Clerk, who shall
serve at the pleasure of the City Manager. The Clerk of the Court shall also serve as
Administrator of the Court.
(b) Police Officers of the City of Milton Police Department, the Fulton County Police
Department, or the Fulton County Sheriff’s Department or any other law enforcement officer
may execute warrants and other writs in furtherance of the Court’s jurisdiction and orders.
(c) Bailiff. At least one Police Department Officer or Officer from the Fulton County Sheriff’s
Department {or other qualified security personnel} will serve as a Bailiff whenever the
Municipal Court is in session.
(d) Solicitor. In accordance with Section 4.12 of the Charter, the City Attorney may be the
prosecuting officer or solicitor in the Municipal Court. The City Council may also, from time to
time, appoint and contract with other attorneys who are members of the State Bar of Georgia to
serve as a prosecuting attorney in Municipal Court. The compensation of said attorney or
attorneys shall be determined by the Council.
Page 2 of 5
Section 4: Additional support
(a) Indigent Defense. The City of Milton shall provide indigent defendants with counsel as
provided by state law. The City’s indigent defense plan is set forth in the Rules of Court as
approved by the Mayor and Council.
(b) Translator. The City of Milton may provide translation services as required by state law.
Section 5: Court Sessions
The Court shall be in session at such times and dates as determined by the Clerk of the
Court, as court administrator, to keep the dockets current.
Section 6: Court Fees
(a) In accordance with Article V, Judicial Branch, of the Charter, the council has authority to
establish a schedule of reasonable fees to defray the cost of operation of the municipal court.
(b) The Council shall set City fines for violations of City ordinances.
Article 2: Trials and Judgments
Section 1: Rules
The Municipal Court Judges shall adopt specific rules of procedure which must be
approved by the Mayor and City Council. No rules shall be inconsistent with the laws of Georgia
or the Constitution of the United States. Such rules shall be made available on the City website
or by other means determined by the Council.
Section 2: Contempt of Court
The Court may find persons in contempt of court and punish said persons in accordance
with Section 5.13 of the Charter.
Section 3: Fines
(a) For fines that may be due by any defendant, execution may be issued by the Court Clerk and
collected as provided by law. The Municipal Court shall have the discretion to enter fines
consistent with this Code of Ordinances, Georgia and federal law.
(b) Persons charged with traffic violations or other offenses as specified by the judge may, prior
to the time for their court appearance, plead guilty in writing and pay to the City as their fine the
amount set as the appearance bond for the offense charged. These fines will be forfeited as
provided by State Law. Those persons charged with driving under the influence of alcohol or
Page 3 of 5
drugs and other serious offenses, as determined by the Municipal Court Judge, shall be required
in all cases to appear before the court for disposition of the case.
Section 4: Sentences
In addition to any applicable fines, and upon a judgment or plea of guilty or pre-trial
diversion, the Municipal Court Judge may impose sentence of confinement, compulsory work, or
both; commit the defendant to confinement, compulsory work or both; suspend the execution of
the sentence in whole or in part; place the defendant on probation; or defer the execution of the
sentence or any portion or portions thereof to one or more fixed dates in the future. The court
may punish for violations within its jurisdiction not exceeding a fine allowable by state law or
imprisonment for not exceeding state law, or both; except as otherwise provided by this Code of
Ordinances or State Law.
Section 5: Appeals
Unless specified elsewhere in the Code or Charter, all appeals from decisions of the
Municipal Court shall be appealable, by right of certiorari, to the Superior Court of Fulton
County under the laws of Georgia regulating the granting and issuance of writs of certiorari.
Article 3: Bail
Section 1: General Provisions
Bail and bond considerations must be consistent with Article V, Judicial Branch, of the
Charter and laws of the State of Georgia.
Section 2: Minor Traffic Offenses
(a) Pursuant to O.C.G.A. § 17-6-11 any person cited for a traffic offense shall be released in
lieu of bail upon showing his or her drivers license. This provision does not apply to any charge
of driving under the influence or other serious offenses designated by the municipal judge.
(b) All persons arrested or notified by citation or ticket of parking violations shall be released
on their own recognizance.
Section 3: Professional Bondsmen
No professional bondsman shall be accepted as surety on a bail bond unless he
holds a current business license in the City, is approved by the Chief of Police, and has fully
complied with all other City requirements for bonding companies.
Section 4: Failure or Refusal to Give Bond
Page 4 of 5
If the accused or a witness shall fail or refuse to give the bond and security as
required under this Article, the person so failing or refusing may be confined or kept under
guard, so as to be present to abide the trial or to testify as the case may be.
Article 4: Court Procedures
Section 1: Issuance of summons
Any member of the department of police, the solicitor or assistant solicitor of the municipal
court, in all cases where a complaint is made or information is obtained of any violation of any
provision of this Code or other laws or ordinances of the city, shall issue a summons, directed to the
accused, requiring the accused to appear before the municipal court to answer this charge. The
summons shall designate the time and place of trial the required appearance and shall be signed by
the member of the department of police, solicitor, or assistant solicitor issuing it, and a copy thereof
shall be served upon the accused either personally or by leaving the copy at the accused's place of
residence.
Section 2: Failing to appear to answer summons
It shall be unlawful for any defendant lawfully summoned to answer charges in the municipal
court to either fail, neglect, or refuse to appear at the time and place specified in the summons or fail
to provide a satisfactory explanation for this absence. The trial may be continued to such time as the
municipal court may direct, and the court shall issue an order requiring the police chief or other
members of the department of police to arrest the defendant and bring the defendant before the court
to answer both the initial charges and the charge for failing to appear at trial. The chief of
corrections shall keep the defendant in custody until the defendant is brought before the court, unless
the defendant posts bond for appearance, as provided by law.
Section 3: Issuance of subpoenas
Whenever the attendance of any witness may be required before the municipal court to
establish any fact, the clerk of the municipal court shall issue a subpoena directed to the witness,
stating the time and place of trial and the parties to the case, which shall be served as other process
by the police chief or other police officers.
Section 4: Witness failing or refusing to obey subpoena.
If any person lawfully summoned as a witness before the municipal court shall fail, neglect,
or refuse to attend the trial for which the person has been summoned or fail to provide a satisfactory
explanation for this absence, the person may be cited for contempt and be fined in a sum not to
exceed the maximum amount allowed by state law. If the cause is continued because of the absence
of this person, the court may issue attachment against the person requiring the person to show cause
on the day appointed for trial why the person should not be cited for contempt. The police chief or
other police officer shall, by virtue of the attachment, arrest the person and keep the person in
Page 5 of 5
custody until the person is brought before the court, unless the person posts bond for appearance, as
provided by law.
Section 5: Contempt
Any person who, during a sitting of the municipal court, shall be guilty of contempt of court
or who refuses to abide by an order of the court or sentence may be punished as provided in Article
V, Judicial Branch, Section 5.13, Powers of the Charter.
awe
City of Milton _
13000 Deerfield Parkway, Building 100, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: March 5, 2007
FROM: City Manager
AGENDA ITEM: Approve an Ordinance Amending Chapter 11, Business Licensing of
the Code of Ordinances to adopt regulations for licensing of ball
bondsmen
MEETING DATE: Thursday, March 15, 2007 Regular Meeting
BACKGROUND INFORMATION. (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: 0 APPROVED () NOT APPROVED
CI TY A TTORNE Y APPRO VAL REQUIRED: { } YES NO
PLACED ON AGENDA FOR:
NW)m 6 -9 nol
REMARKS: -1
City of Milton
To: Mayor and City Council Members
From: Jeanette Marchiafava, City Clerk and Clerk of the Court
Date: February 27, 2007 for Submission onto the March 15, 2007 City Council
Meeting
Agenda Item: Ordinance to adopt regulations for licensing of bail bondsmen
CMO (City Manager’s Office) Recommendation:
To approve the attached ordinance to adopt regulations for licensing of bail bondsmen.
Background:
Chapter 4, article 3, section 3 of the City Code of Ordinances states that “ no professional
bondsman shall be accepted as surety on a bail bond unless he holds a current business
license in the City, is approved by the Chief of Police, and has fully complied with all other City
requirements for bonding companies”. Chapter 11 of the City Code of Ordinances provides
regulations for licensing of businesses in the City of Milton, and currently includes no regulations
for bail bondsmen.
Discussion:
Chapter 11 of the City Code of Ordinance is to be amended to include regulations for the
licensing of bail bondsmen. The regulations for licensing of bail bondsmen have been
developed using state law and the City of Milton regulations for businesses, in a manner
comparable to regulations of other local cities.
Alternatives:
N/A
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
Page 1 of 2
ORDINANCE NO. 07-___
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 11 BUSINESS LICENSING OF THE CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA
AS ATTACHED HERETO AND INCORPORATED HEREIN
BE IT ORDAINED by the City Council of the City of Milton, GA while in regular session on
March____, 2007 at 7:00 p.m. as follows:
SECTION 1. Professional Bondsman means all persons who hold themselves out as signers
or sureties of bail bonds for compensation, and who are licensed as provided in this article.
SECTION 2. All professional bondsmen licensed through the City of Milton must comply
with the requirements of O.C.G.A. 17-6-50 and all related and pertinent sections of the
Official Code of Georgia Annotated at all times when acting as bonding agents in the City of
Milton.
SECTION 3. Prior to the issuance of a license, professional bondsmen shall post a surety or
property bond with the city clerk in an amount of at least $50,000.00, and such bond shall be
kept current at all times; or the professional bondsman may sign an agreement with the city
providing for an escrow account in a financial institution designated as a city depository. Any
such escrow account shall be not less than $5000.00, and shall be 10% of that company’s
capacity for posting bonds.
SECTION 4. In the event of the nonappearance of the principal in the municipal court on the
appointed date and time, the judge shall at the end of the court day, forfeit the bond and order
an execution hearing. Procedures for forfeiture of bonds and judgment absolute set forth in
O.C.G.A. 17-6-70 through 17-6-72 shall be followed. In addition to the penalties set forth in
state law, if the judgment absolute is entered, and payment is not made promptly to the city,
the license of the bail bondsman shall be suspended until such time as the judgment absolute
is satisfied, or the defendant is returned to the custody of the court.
SECTION 5. When the condition of the bond is satisfied or the forfeiture of the bond has
been discharged or remitted, the judge shall make an order canceling the bond. Conviction or
acquittal of the defendant shall satisfy the terms of the bond written by a bail bondsman.
SECTION 6. The City may deny, suspend, revoke or refuse to renew any bail bondsman’s
business license for any of the following causes:
1) For any violation of State statutes or City code.
2) Material misstatement, misrepresentation or fraud in obtaining the license.
3) Misappropriation, conversion or unlawful withholding of money belonging to
others and received in the conduct of business under this license.
4) Fraudulent or dishonest practices in the conduct of business under this license.
5) Failure to comply with the provisions of this article.
6) Failure to return collateral security to the principal is entitled thereto.
7) Failure to meet the obligations or standards set forth by the State of Georgia or
the City of Milton.
SECTION 7. Any professional bondsman who discontinues writing bail bonds during the
period for which he/she is licensed shall notify the city clerk and immediately return his/her
license certificate.
SECTION 8. All bondsmen licensed to do business in the City of Milton shall provide the
city clerk with a list of all outstanding bonds posted with the city on a monthly basis.
SECTION 9. This ordinance shall become effective upon signing.
ORDAINED this the ____ day of March, 2007
_______________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
City of Milton
13400 Deerfield Parkway, Building 140, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: March 5, 2007
FROM: City Manager
AGENDA ITEM: Approval of an Ordinance Accepting the Georgia Municipal
Employee Benefit System Official Plan Document for Retirement
Program.
MEETING DATE: Thursday, March 15, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: N APPROVED () NOTAPPROVED
CITY ATTORNEY APPROVAL REQUIRED: (j YES NO
PLACED ON AGENDA FOR:
REMARKS: �f
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
X:\City Clerk\Master Agendas 2007\March 15\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 and
the March 15, 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
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
X:\City Clerk\Master Agendas 2007\March 15\Memo Pension Plan Document Agenda.doc 2
• Deputy Public Safety Director
• 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 -
J'\
-`` City of Milton
N 13000 Deerfield Parkway, Building 100, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: March 5, 2007
FROM: City Manager
AGENDA ITEM: Approval of the Issuance of an Alcohol Beverage License to Lofty & Latta
Market d/b/a Nahm Thai Cuisine
MEETING DATE: Thursday, March 15, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED. () YES AOF NO
VV
PLACED ON AGENDA FOR.
Wad
REMARKS: -Q-d 6, 2oo-7
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, CGFM, SPHR, Director of Operations
Date: Submitted on February 15 for March 15, 2006 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Lotty & Lotta Market,
LLC, d/b/a Nahm Thai Cuisine
CMO (City Manager’s Office) Recommendation:
Approve the issuance of an Alcohol Beverage License to Nahm Thai Cuisine for consumption on
the premises for wine and malt beverages.
Background:
City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
Discussion:
Staff has processed the application for the following business. All ordinance conditions have
been met and staff recommends issuance of the applicable license:
Business Name: Lotty & Lotta Market, LLC,
D/B/A Nahm Thai Cuisine
Owner(s) Name: Ngamta Thong Young
Business Address: 5310 Windward Parkway, Suite C, Alpharetta, GA 30004
Type of License to be Issued: Consumption on the Premises - Wine/Malt Beverage
Concurrent Review:
Aaron Bovos, City Manager
Tom Wilson, Director of Community Development
Chris Lagerbloom, Public Safety Director
City of Milton
13000 Deerfield Parkway, Building 100, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: March 5, 2007
FROM: City Manager
AGENDA ITEM: Approve the Issuance of an Alcohol Beverage License to the Barn
Bottle Shoppe, LLC
MEETING DATE: Thursday, March 15, 2007 Regular Meeting
BACKGROUND 1NFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: AA APPROVED (} NOT APPROVED
vy
CITY ATTORNEY APPROVAL REQUIRED: { } YES } NO
PLACED ON AGENDA FOR:
REMARKS: " 15, WO -7
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, CGFM, SPHR, Director of Operations
Date: Submitted on February 15 for March 15, 2006 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to the Barn Bottle
Shoppe, LLC
CMO (City Manager’s Office) Recommendation:
Approve the issuance of an Alcohol Beverage License to The Barn Bottle Shoppe, LLC for package
sales for wine and malt beverages.
Background:
City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
Discussion:
Staff has processed the application for the following business. All ordinance conditions have
been met and staff recommends issuance of the applicable license:
Business Name: The Barn Bottle Shoppe, LLC
Owner(s) Name: Timothy Lee Allen
Business Address: 980 Birmingham Road Suite 304, Alpharetta, GA 30004
Type of License to be Issued: Package - Wine/Malt Beverage
Concurrent Review:
Aaron Bovos, City Manager
Tom Wilson, Director of Community Development
Chris Lagerbloom, Public Safety Director
k
City of Milton
13000 Deerfield Parkway, Building 100, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: March 5, 2007
FROM: City Manager
AGENDA ITEM: Approval of the Issuance of an Alcohol Beverage License to Rohrig Ellis,
Inc. d/b/a Little Azio
MEETING DATE: Thursday, March 15, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED ()NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: { } YES N' NO
PLACED ON AGENDA FOR:
REMARKS: MtH [512,00-7
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, CGFM, SPHR, Director of Operations
Date: Submitted on February 15 for March 15, 2006 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Rohrig Ellis, Inc.
d/b/a Little Azio.
CMO (City Manager’s Office) Recommendation:
Approve the issuance of an Alcohol Beverage License to Little Azio for consumption on the
premises for wine and malt beverage.
Background:
City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
Discussion:
Staff has processed the application for the following business. All ordinance conditions have
been met and staff recommends issuance of the applicable license:
Business Name: Rohrig-Ellis, Inc. , D/B/A Little Azio
Owner(s) Name: Dan Schoolfield
Business Address: 12635 Crabapple Road, Suite 310, Alpharetta, GA 30004
Type of License to be Issued: Consumption on the Premises - Wine & Malt Beverage
Concurrent Review:
Aaron Bovos, City Manager
Tom Wilson, Director of Community Development
Chris Lagerbloom, Public Safety Director
�4-
ry City of Milton
13000 Deerfield Parkway, Building 100, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: March 5, 2007
FROM: City Manager
AGENDA ITEM: Approval of the Issuance of an Alcohol Beverage License to Cantina Del
Mar
MEETING DATE: Thursday, March 15, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additionalpages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: 00 APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES 0 NO
PLACED ON AGENDA FOR:
REMARKS: �*" C) wo�
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, CGFM, SPHR, Director of Operations
Date: Submitted on February 15 for March 15, 2006 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Cantina Del Mar
CMO (City Manager’s Office) Recommendation:
Approve the issuance of an Alcohol Beverage License to Cantina Del Mar for consumption on the
premises for wine, malt beverages and distilled spirits.
Background:
City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
Discussion:
Staff has processed the application for the following business. All ordinance conditions have
been met and staff recommends issuance of the applicable license:
Business Name: Cantina Del Mar
Owner(s) Name: Elizabeth D. Riordan
Business Address: 12365 Crabapple Road, Suite 310, Alpharetta, GA 30004
Type of License to be Issued: Consumption on the Premises - Wine & Malt
Beverage/Distilled Spirits
Concurrent Review:
Aaron Bovos, City Manager
Tom Wilson, Director of Community Development
Chris Lagerbloom, Public Safety Director
City of Milton
13000 Deerfield Parkway, Building 100, Milton, Georgia 30004
:W
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: March 5, 2007
FROM: City Manager
AGENDA ITEM: Approval of the Issuance of an Alcohol Beverage License to God Bless
NNK d/b/a The Package Store
MEETING DATE: Thursday, March 15, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additionalpages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: PAPPROVED () NOTAPPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES �} NO
PLACED ON AGENDA FOR:
REMARKS: N" 1� 1zx-1
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, CGFM, SPHR, Director of Operations
Date: Submitted on February 15 for March 15, 2006 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to God Bless NNK,
d/b/a The Package Store
CMO (City Manager’s Office) Recommendation:
Approve the issuance of an Alcohol Beverage License to The Package Store for package sales of
wine, malt beverages and distilled spirits.
Background:
City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
Discussion:
Staff has processed the application for the following business. All ordinance conditions have
been met and staff recommends issuance of the applicable license:
Business Name: God Bless NNK, D/B/A Package Store
Owner(s) Name: Norruislam Kapadia
Business Address: 13020 Morris Road Suite E, Alpharetta, GA 30004
Type of License to be Issued: Package - Wine & Malt Beverage/Distilled Spirits
Concurrent Review:
Aaron Bovos, City Manager
Tom Wilson, Director of Community Development
Chris Lagerbloom, Public Safety Director
City of Milton
13000 Deerrieid Parkway, Building 100, Milton, Georgia 30004
'7
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: March 5, 2007
FROM: City Manager
AGENDA ITEM: A Resol ion to serve as official notification of the City of Milton's
intent to start a fire -rescue department on or before September 30,
2007, and to terminate fire -rescue services currently being provided
by Fulton County
MEETING DATE: Thursday, March 15, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: A4APPROVED {) NOTAPPROVED
yy
CITY ATTORNEY APPROVAL REQUIRED: () YES } NO
PLACED ON AGENDA FOR: I 1
REMARKS: r' k lA (5, � D�
City of Milton
13000 Deerfield Parkway Suite 107F Milton, GA 30004
Page 1 of 1
To: Honorable Mayor and City Council Members
From: Chris Lagerbloom, Public Safety Director
Date: February 27, 2007 for Submission onto the March 15, 2007 City Council Meeting
Agenda Item: A resolution to serve as official notification of the City of Milton’s intent to start
a fire rescue department on or before November 30, 2008 and to terminate fire rescue services
currently being provided by Fulton County
CMO (City Manager’s Office) Recommendation:
Approve the attached resolution which will serve as official notification of the City of Milton’s
intent to start a fire rescue department on or before November 30, 2008; and to terminate fire
rescue services currently being provided by Fulton County.
Background:
The City’s Code of Ordinances, specifically Chapters 2 and 15, combined with the City’s Charter
(House Bill 1470) become the backbone of policy for the City of Milton and its establishment of
a fire rescue department. This resolution further codifies Milton’s desire to deliver fire rescue
services by stating the intent to start a fire rescue department.
Discussion:
This resolution will allow the City of Milton to continue its planning for deployment of a fire-
rescue department on or before September 30, 2007 and will allow staff to procure items and
functions which otherwise would not be authorized. This resolution in no way hinders the City
of Milton from providing fire-rescue services sooner than September 30, 2007 and is defined in
the City’s Charter.
Alternatives: N/A
Concurrent Review: N/A
STATE OF GEORGIA RESOLUTION NO. ____
COUNTY OF FULTON
A RESOLUTION TO SERVE AS OFFICIAL NOTIFICATION OF THE CITY OF MILTON’S
INTENT TO START A FIRE-RESCUE DEPARTMENT ON OR BEFORE SEPTEMBER 30,
2007; AND TO TERMINATE FIRE-RESCUE SERVICES CURRENTLY BEING
PROVIDED BY FULTON COUNTY
WHEREAS, the Mayor and Council are the governing authority of the City of Milton; and
WHEREAS, the City of Milton was incorporated on December 1, 2006; and
WHEREAS, the Mayor and Council are charged with the protection of the health, safety, and welfare of
the citizens of Milton; and
WHEREAS, an agreement in accordance with the City Charter for the provision of fire-rescue services
between Fulton County, Georgia, and the City of Milton, Georgia was approved by the Mayor and City
Council; and
WHEREAS, this agreement expires on September 30, 2007 and this resolution shall serve as official
notification of the City of Milton’s intent to start a Fire-Rescue Department on or about May 15, 2007
and to terminate fire-rescue services currently being provided by Fulton County; and
WHEREAS, the Mayor and Council have budgeted the funds to establish the City of Milton Fire-Rescue
Department.
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 to provide official notification
of the City of Milton’s intent to start a Fire-Rescue Department on or before and to terminate fire-rescue
services currently being provided by Fulton County through the Intergovernmental Agreement for the
Provision of Fire-Rescue Services between Fulton County, Georgia and the City of Milton.
RESOLVED this 15th day of March, 2007.
Approved:
__________________________________
Joe Lockwood, Mayor
Attest:
__________________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
City of Milton
rW ..........
_ .... _.... _ ..
13000 Deerfield Parkway, Building 100, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: March 5, 2007
FROM: City Manager
AGENDA ITEM: A Resolution Amending Agenda Item Number 06-147, Approval of
Nominations to the City of Milton Bike and Pedestrian Path Committee
MEETING DATE: Thursday, March 15, 2007 Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (VAPPROVED {} NOT APPROVED
CITY ATTORNEY APPROVAL. REQUIRED: () YES (V NO
PLACED ON AGENDA FOR:
REMARKS:
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 27, 2007 For Submission onto the March 15, 2007 City Council Agenda
Agenda Item: A Resolution Amending Agenda Item Number 06-147, Approval of Nominations to the
City of Milton Bike and Pedestrian Path Committee
CMO (City Manager’s Office) Recommendation:
Approve the attached resolution amending the approval of the nominations to the City of Milton Bike and
Pedestrian Path Committee.
Background:
On January 11, 2007, during a special called City Council Meeting, nominations to the above subject
committee were read into the record. In total, nine nominees were accepted by the elected officials and
the vote confirming the nominations was unanimous. Nominees to this and all City of Milton
boards/commissions/committees are to reside in the district in which they are nominated from.
Upon review of the nominees subsequent to January 11, 2007, it came to staff’s attention that the nominee
from District 2 lived just outside the district, in district 3.
Discussion:
The attached resolution amends the approval of the nominations by moving the nominee from District 2
to the Mayor’s nominee, and vice-versa. Thus the committee stays intact and continues with it’s purpose
and intent with the originally nominated members.
Alternatives: N/A
Concurrent Review: N/A
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. ______
A RESOLUTION AMENDING AGENDA ITEM NO. 06-147, A MOTION APPOINTING
MEMBERS TO THE CITY OF MILTON BIKE AND PEDESTRIAN PATH COMMITTEE
BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on
March 15, 2007 at 7:00 p.m. as follows:
SECTION 1. That the Mayor, City Council, and Georgia State Representative Jan Jones
nominated individuals to serve on the Bike and Pedestrian Path Committee; and
SECTION 2. That the nominees for the committee are as follows: Brian Maloney and Craig
Warner shall be appointed by Georgia State Representative Jan Jones, Bill Shellhorn shall be
appointed by Mayor Joe Lockwood, Mike Moss shall be appointed by Councilmember Karen
Thurman, David Deutsch shall be nominated by Councilmember Julie Zahner Bailey,
Suzanne Cassada shall be nominated by Councilmember Bill Lusk, David Chatham shall be
appointed by Councilmember Neil O’Brien, Travis Allen shall be appointed by
Councilmember D’Aversa Williams, and Heidi Sowder shall be appointed by
Councilmember Rick Mohrig; and
SECTION 3. That all nominees shall serve a term commensurate with the need of the
committee; and
SECTION 4. That this Resolution shall become effective upon its adoption;
SECTION 5. That resolutions in conflict with this resolution are hereby repealed.
RESOLVED this the _____ day of March, 2007
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
December 21, 2006
Appointments and Confirmation of the Bike and Pedestrian Path Committee.
City Manager Bovos stated that nominations to serve on the bike and pedestrian path committee
are the result of a grant that the City of Milton and Johns Creek received for the study of
expanding interconnectivity of bike and pedestrian paths. The resolution was voted on to create
the committee at the last meeting. Each Councilmember has one nomination and the nominee
must reside within the Councilmember’s district. They must be 21 years of age or older and must
agree to serve on the committee with no compensation. Total committee members are nine;
seven from the Councilmembers, the Mayor’s nominations are at large, and two from State
Representative Jan Jones, in which he would read into the record now. Her first nomination is
Brian Maloney. He resides at 14430 Wood Road. That is in District 1. Mr. Maloney is currently
a plastic surgeon, a parent of three daughters who attend Summit Hill Elementary and Milton
High School. Her second nomination is Craig Warner. He resides at 16080 Henderson Heights
Drive. That is in District 2. Mr. Warner is a track-and-field, cross country coach for Milton High
School, both boys and girls. He is the parent of three children; one who is on a scholarship at
Furman University and two at Milton High School. He asked the Clerk to please accept each of
the nominees by District at this time.
Craig Warner and Brian Maloney were recognized in the audience.
Mayor Lockwood stated that he would entertain additional nominations. He nominated David
Deutsch. He lived at 615 Athlone Court, Milton, Georgia. He has known Mr. Deutsch for at
least 10 to 12 years. He has been a resident of Milton for 20 years. He is married and has three
children; two at Milton and one at Northwestern. He has been an entrepreneur for the past 12
years; an avid mountain and road biker. He has been a Peachtree Road racer since 1984 and has
also been responsible for community partner programs that funded the Milton High School cross
country trail system.
Councilmember Thurman nominated Mike Moss to the committee. He lives in the Kensington
Farm Subdivision at 210 Burkshire Lane. Mr. Moss is an investor and entrepreneur and has lived
in the area for at least 10 years. He is the parent of four children; two at Milton High School, one
at Northwestern Middle School, and one at Crabapple Crossing Elementary School.
Councilmember Zahner Bailey nominated Bill Shellhorn to the committee. He lives at 225
Orchid Bend Trail. He is a senior sales consultant with UCN, Inc. He has been in software sales
and telecommunication industry for the last 23 years. Bill and his wife Tracy has lived in this
community for over 14 years; initially on Freemanville and now on Thompson Road. They have
three children; all of whom have gone through the local elementary schools. Two are now at
Milton and the older child is at Perimeter College. Bill is a long time marathon runner and has
done a tremendous amount of training and running throughout Northwest Milton, now Milton.
She thinks Bill prides himself on finding every unique place to run as he trains for marathons
throughout Milton. He brings a tremendous amount of energy and community involvement. He
is interested in bringing connectivity for both pedestrian as well as walking and bicycle pathways.
His family is involved in the equestrian community as well. He brings that unique component of
looking at the trail way and greenway system from all perspectives.
Councilmember Lusk nominated Suzanne Cassada to the committee. She lives at 902 Post Oak
Close in the City of Milton. She is a long time resident of the area and a full time mother of
three, a part-time teacher, and has been a dedicated marathon runner for over twenty years. She is
currently training for the ING Georgia Marathon which takes place on March 25, 2007. When
she spoke to him on Monday, she had just completed her daily eighteen mile workout. She loves
the area and the potential that is has for recreation. She knows the area at the grass roots level.
No one that he can think of has a higher level of interest to promote the implementation of the
Milton Bicycle and Pedestrian Pathway System than Suzanne Cassada.
Councilmember O’Brien stated that his nominee is a fifth generation of this area with an
extraordinary record of accomplishments, a longtime advocate of paths and similar community
amenities. He has the where with all to implement the vision of the provider of this opportunity.
Most relevantly, his nominee has a peerless record of selfless philanthropic and benevolent
participation in Milton. He stated that his nominee is a board member of the local YMCA, as
well as the North Fulton and Metro Atlanta YMCA Board, the Leadership of Atlanta alumnus,
several fortune 500 and Aztec corporate boards, the University of Georgia Arts Foundation Board
of Trustees, and is the Chair of the Board of Deacons of Northside Baptist Church, President and
CEO of one of the most admired, respected and well-known real estate companies in the State of
Georgia, a parent, neighbor and tremendous advocate of Milton and our future. He nominated
David Chatham. Mr. Chatham’s expertise, integrity, success and vision will be an invaluable
addition to the group dedicated to the implementation of the bicycle and pathway system in
Milton. He is personally grateful for the opportunity to serve and looks forward to his superb
leadership. He is pleased to have Mr. Chatham and others like him in the Milton community ably
and enthusiastically volunteering their time and talents. Thank you all and Mr. Chatham.
Councilmember D’Aversa-Williams nominated Travis Allen to the committee. He and his wife
live at the preserve off of Cogbourn Road across from Hopewell Middle School. Mr. Allen came
to her several months ago when we first started down the path of developing a greenway space.
Now it has developed into more of a bike and pedestrian path committee. He has stayed in
constant contact and is passionate about hiking. He was here earlier this evening, but left for a
weekend of hiking with his wife.
Councilmember Mohrig nominated Heidi Sowder to the committee. She is a mother two
children; one currently at Alpharetta High School, the other high school that some of our City of
Milton residents attend. She resides at 525 Sunflower Court, Milton, Georgia. She is a full time
mother and a very active walker and hiker. She has been committed to the formation of the City
of Milton. She served on the Highway 9 Overlay committee. She has been active on a couple of
committees on the formation of the City. She also is an officer on BARA, Bethany Area
Residents Association.
Motion: Councilmember Thurman moved to approve the following nominees to the Bike and
Pedestrian Committee:
1) David Deutsch
2) Mike Moss
3) Bill Shellhorn
4) Suzanne Cassada
5) David Chatham
6) Travis Allen
7) Heidi Sowder
8) Brian Maloney
9) Craig Warner
Second and Vote: Councilmember Mohrig seconded the motion. There was no Council
discussion. The motion passed unanimously.
Mayor Lockwood asked all nominees present to stand so that they may be acknowledged.
City of Milton
13000 Deerfield Parkway, Building 100, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: March 5, 2007
FROM: City Manager
AGENDA ITEM: Approve ompensation of .fudges and Solicitor
MEETING DATE: Thursday, March 15, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: OAPPROVED ()NOTAPPROVED
CITY ATTORNEY APPROVAL REQUIRED: { } YES AA NO
PLACED ON AGENDA FOR: NAIW
REMARKS:
City of Milton
To: Honorable Mayor and City Council Members
From: Jeanette Marchiafava, City Clerk and Clerk of the Court
Date: March 5, 2007 for Submission onto the March 15, 2007 City Council
Meeting
Agenda Item: Approve compensation of Judges and Solicitor
CMO (City Manager’s Office) Recommendation:
To approve compensation rates for the Judge and Solicitor of the Municipal Court.
Background:
Chapter 4 article 1 of the City Code of Ordinances states that compensation for judges and the
solicitor shall be fixed by the Council. A comprehensive study of the compensation for judges
and solicitors of 10 comparable local court systems was completed. The following compensation
recommendations are the result of the study.
Discussion:
Compensation for judges is set at $475.00 per court session. Jail hearings will be compensated
at $118.75 per hour. The on-call judge (for emergency hearings and issue of warrants) will be
compensated at $100.00 per week.
Compensation for the solicitor will be set at $400.00 per court session.
Alternatives:
N/A
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
City # of trials/mon. #of arraignmts mo.Aver. arraignmt time# of first appeara mo?Held at jail? Judge Sal.mo. Solicitor Sal. Mo. Jud/yrlySol./yrlyDone by Judge Smyrna3 (2 reg. + Enviro.) 6 4 hours approx. 3 days wk. = 12 times always yes $3,037.13 $2,249.73 $36,446.00 $26,997.00Acworth quarterly only 4 6-7 hours 10 a month $2881.00 av. $5333.00 av. $34,580.00 $64,000.00Marietta Monthly 8 8 $4604.00.00 av. $4841.00 av. $55,249.00 $58,092.00Woodstock 2 6 3 hours 720 month (?) no $2,800.00 $2,400.00 $33,600.00 $28,800.00Sandy Sp. 2 8 4-8 hours 16 apprx. ? $100/hr. $100/hr.Suwanee 2 (1red lt._1traf.) 4 4 hours approx. 6-8 month $400 per session $300 per sessionDuluth 1 16 4 hours approx. n/a n/a $83,053.00 $125./hour FULLTIME PARTTIMEMoultrie 20 2 1/2 hour 1 yes $26,000.00 N/ASnellville 9$425/session $375/sessionCobb County 10 to 15 21 5 hours 280 $145,000.00 $130,235.00Paying the judge and solicitor by the session is probably the most cost effective. Paying by the hour becomes burdensome on the budget. A ten city average shows judges at $475.00 per session (most court sessions average 4 hours) and solicitors at $400.00 per session Hourly average breaks down to $118.75 - recommended for compensation for jail hearingsOn-call rates are anywhere from $35.00 per day (if called in) to $500.00 per month. Recommendation is for compensation at $100.00 per week. *Those surveyed - performance evaluations for judge and solicitor are currently not given. Duluth and Sandy Springs intend to have performance evaluations.
y City of Milton
�k
13000 Deerfield Parkway, Building 100, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: March 5, 2007
FROM: City ManagerIV
AGENDA ITEM: Approve a Resolution Establishing the Five Ethics Principals for the
Conduct of City Officials for the City of Milton, Georgia
MEETING DATE: Thursday, March 15, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED {) NOT APPROVED
Cl TY ATTORNEY APPROVAL REQUIRED: { } YES {4 NO
PLACED ON AGENDA FOR:
REMARKS: Ngtp 1,5r -�00-7
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: March 5, 2007 For Submission onto the March 15, 2007 City Council Agenda
Agenda Item: A Resolution Establishing the Five Ethics Principals for the Conduct of City Officials for
the City of Milton, Georgia
CMO (City Manager’s Office) Recommendation:
Approve the attached resolution adopting and establishing the five ethics principals for the conduct of city
officials for the City of Milton, Georgia.
Background:
On January 11, 2007, during a special called City Council Meeting, a resolution was passed indicating the
City’s desire to participate in the Georgia Municipal Associations Certified City of Ethics Program.
Subsequent to that resolution being passed, the Mayor and City Council approved this program as one of
the items within the fiscal year 2007 work plan, which was adopted at the March 1, 2007 regularly
scheduled City Council Meeting.
Discussion:
Upon review of the program guidelines, governments must take several actions to earn the “Certified City
of Ethics” designation. They are:
1. Adopt a resolution establishing the five ethics principles for the conduct
of city officials for the City (attached); and
2. Adopt an ethics ordinance that meets minimum standards approved by
the GMA board.
The elected officials adopted the ethics ordinance on November 21, 2006, at a special called meeting.
Subsequent to the adoption of the resolution and ordinance, staff will submit the same to the Georgia
Municipal Association for consideration in the program. A panel of attorney’s will review the City’s
ordinance to determine if it qualifies under the program guidelines and notify us of our receipt of
designation or deficiencies within the ordinance.
Once the designation is received, the City can utilize the designation seal on our letterhead, website, and
other publications.
Alternatives: N/A
Concurrent Review: N/A
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. ______
A RESOLUTION ESTABLISHING THE FIVE ETHICS PRINCIPLES FOR THE CONDUCT
OF CITY OFFICIALS OF THE CITY OF MILTON, GEORGIA
WHEREAS, the Board of Directors of the Georgia Municipal Association have established a
Certified City of Ethics program; and,
WHEREAS, the City of Milton, Georgia, wishes to be certified as a Certified City of Ethics under
the GMA Program; and,
WHEREAS, part of the certification process requires the Mayor and Council to subscribe to the
ethics principles approved by the GMA Board;
BE IT RESOLVED by the City Council of the City of Milton, GA while in a regular called meeting
on March 15, 2007 at 7:00 p.m. that
SECTION 1. As a group and as individuals, the governing authority subscribes to the
following ethics principles and pledges to conduct its affairs accordingly:
Serve Others, Not Ourselves;
Use Resources With Efficiency and Economy;
Treat All People Fairly;
Use The Power of Our Position For The Well Being Of Our Constituents; and
Create An Environment Of Honesty, Openness And Integrity.
SECTION 2. That this Resolution shall become effective upon its adoption;
SECTION 3. That resolutions in conflict with this resolution are hereby repealed.
RESOLVED this the _____ day of March, 2007
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
SIGNATURES CONTINUED ON NEXT PAGE
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. ______
CONTINUED
___________________________
Karen Thurman, City Council
District 1
___________________________
Julie Zahner Bailey, City Council
District 2
___________________________
William Lusk, City Council
District 3
___________________________
Neal O’Brien, City Council
District 4
___________________________
Tina D’Aversa Williams, City Council
District 5
___________________________
Rick Mohrig, City Council
District 6
City of Milton
13000 Deerrield Parkway, Building 100, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: March 5, 2007
FROM: City Manager
AGENDA ITEM: Approval of Monthly Invoice for Legal Fees
MEETING DATE: Thursday, March 15, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (P APPROVED (} NOTAPPROVED
CI TY A TTORNEY APPROVAL REQUIRED: () YES (� NO
PLACED ON AGENDA FOR:
REMARKS:
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
X:\City Clerk\Master Agendas 2007\March 15\Memo Legal Services approval.doc 1
To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, CGFM, SPHR, Director of Operations
Date: Submitted on February 27 for March 15, 2007 City Council Meeting
Agenda Item: Approval of Monthly Invoice for Legal Fees
CMO (City Manager’s Office) Recommendation:
Approve the payment of legal fees per the attached invoice in the amount of $11,975.
Background:
The City receives a monthly invoice from Riley, Lewis and McClendon for legal services
rendered to the City by Mark Scott, the City Attorney and all other support services rendered by
the law firm. Payment is due 30 days from the invoice date.
Discussion:
Staff requests review and approval of the legal services rendered prior to payment being issued.
The invoice for legal services will be a regular agenda item on the third Thursday Council
meeting in order to process payment to Riley, Lewis and McClendon approval by the end of the
applicable month, subsequent to Council.
Alternatives:
None identified.
Concurrent Review:
Aaron Bovos, CGFM, CTP, City Manager
RILEY LEWIS & MUENDON
ATTORNEYS AT LAW
315 WASHINaroNAvENut TELEPiioiVE: 770-590-5900
MARIETTA, GEORGIA 30060 FACSIMILE: 770-590-0400
Page: 1
City of Milton February 22, 2007
13x00 Deerfield Parkway Account No: 3008 -OM
Building 100 Statement No: 53981
Alpharetta GA 30004
Attn: Kyle Jones
General City Work
LEGAL FEES
Hours
01102!2007 [DRH] Preparation of documents for filing and recording in Fulton County
for parks;
1.50
[WFR] Housing
Meeting with City Attorney Re: housing inspections;
0.20
[WFR] Parks and Recreation
Attended Milton Parks and Recreation closing;
0.80
[MRS] Property Acquisition
Attend closing on Fulton county park and community properties; follow
up emails and coordination Re: check for proper amount;
3.40
[MRS] Sign Ordinance
Meeting and follow up emails with County Attorney S. Rosenberg Re:
sign litigation;
0.80
[MES] Annexations
Multiple email~ and teieahor:e calls with L. Riley and staff Ise: annexation
issues, new map, contact with Suntrust Re: G. Parker fields;
2.20
01/03/2007 [WFR] Sign Ordinance
Meeting with City Attorney Re: City intervening in Fulton County sign
case;
040
[WFR] Parks and Recreation
Transfer funds for Milton Parks and Recreation closing;
0.80
[MRS] Sign Ordinance
Review email from Country Attorney and prepare emails to council and
staff Re: locations of sign applications with city which are subject of
county sign litigation; review emails and conference with T. Wilson Re:
further amendments to sign ordinance;
1.50
[MES] Annexations
Multiple telephone calls and emails with council members, staff and L_
Riley Re: annexation issues and possible scheduling of summit meeting;
1.50
City of Milton
General City Work
rayG. e
February 22, 2007
Account No: 3008 -OM
Statement No: 53981
Hours
01/04/2007 [MES] Resolutions
Review email from council member O'Brien Re: proposed resolutions;
emails with A. Buros Re: possible effects of name change; legal research
Re; effect of name change; telephone call with Rep. Jones Re; name
change and resolutions; 3.20
IMES] Annexations
Email with B. Daughty Re: questions on annexations from J. Durton and
telephone call to J. Durton Re: answers; review email Re: revised map;
emails with Mayor's aid council Re: current status and contact with
Suntrust Re: field complex; 0.80
[MES] Ordinances
Final review of draft of noise ordinance for agenda; review emails Re:
same; 0.80
[MES] Admin.
Email exchange with staff Re: state tax ID number issue; 0.20
01/05/2007 [MES] Annexations
Email correspondence with Mayor and Council Re: annexations and
status of soccer fields; emails Re: meeting with Roswell; emails with L.
Riley Re: impasse with Roswell and County notification of annexations;
follow-up with staff; 0.80
[MES] Ordinances
Email correspondence with city clerk and mayor Re: scheduling sexually
oriented businesses ordinance for presentation; telephone call with J.
Friedwaid Re: schedule presentation; 0.70
01/09/2007 [MES] Annexations
Multiple emails and telephone calls Re: annexation ordinances and
updating/correcting annexation map; 0.20
[MES] Franchise Agreements
Attend meeting with city engineering staff Re: effect of franchise
agreements on future road projects; review subsequent emails Re:
same; 1.50
01/10/2007 [MES] Franchise Fees/Utilities
Review email from A. Jones with attachments indicating projects to be
affected by utility issues; telephone call with Georgia Power
representative Re: side agreement to franchise fee agreement; 1.00
01/11/2007 [WFR] Misc.
Phone meeting with City Attorney; 0.40
[MES] TAN
Reivew tax anticipation note documents and draft supply review letter for
counsel; 1.10
[MES] Resolutions
Review multiple emails and telephone calls from council members Re:
proposed resolutions for addition to agenda; 2.20
[MES] Council Meeting
Attend city council meeting; 5.80
raye..3
City of Milton February 22, 2007
Account No: 3008 -OM
Statement No: 53981
General City Work
Hours
[MES] Charter
Legal research and draft memo on extent of home responses to amend
charter under GA statute; 3.80
01/15/2007 [LMF] Research on process of road abandonment by a municipality;
1.50
[MES] Sign Ordinance
Review emails from community development Re: billboard applications;
0.20
01/16/2007 [MES] Ordinances
Prepare and reivew sexually oriented 'businesses ordinance emails and
telephone calls with J. Friedwald Re: coordinating presentation; emails
with A. Burns Re: presentation and memo; prepare memo to council Re:
ordinance; telephone call and emails with A. Burns Re: press inquiries in
noise ordinance; review emails Re: noise ordinance;
2.80
[MES] Procedure/Training
Research Robert's Rules of Order and prepare memo to council Re: use
of rules, mechanics of motions, etc.;
4.80
[MES] Community Development
Emails and telephone calls with community development staff Re: sign
applications and zoning review sign and zoning ordinance; prepare draft
of letters Re: applications for billboards;
1.80
01/17/2007 [MES] Procedure
Continue reivewlresearch of Robert's Rules of Order and preparation of
memo to council members; 4.80
[MES] Community Development
Review emails Re: scheduling of boards and commissions training for
2-17 and confirmation of assistance; 0.20
01/1812007 [CGM] Sign Ordinance
Conference with city attorney Re: sign ordinance issue; 0.20
[MES] Council Meeting
Attend city council meeting; 2.20
01/19/2007 MFR] Misc.
Meeting with City Attorney; 1.10
[MES] Annexation
Email exchange with city manager Re: letters to be written to Roswell
and T. Turner Re: annexations; 0.20
[MES] Boards and Commissions
Review multiple email exchange with staff and council members Re.-
training
e:training for board and commissions and appointments thereto; 0.30
01/22/2007 [WFR] Misc.
Meeting with City Attorney; 0.60
[MES] Ordinances
Meeting with J. Friedwald Re: zoning issues for sexually oriented
businesses ordinances; 1.80
[MES] Annexation
Draft letter to mayor Re: proposal on annexations; multiple telephone
calls and emails with mayor and council members Re: revisions to letter; 1.80
F ayG- -
City of Milton February 22, 2007
Account No: 3008 -OM
Statement No: 53981
General City Work
Hours
[MES] Ordinances
Email Re: scheduling meeting with Milton H.S. principal in noise
ordinance; follow-up telephone call Re: same; 0.40
01/24/2007 [AAL] Sign Ordinance
Conference with co -counsel Re: sign ordinance and revisions Re:
billboards; 0.20
[MES] Ordinances
Meeting with Milton HS principal and public safety director; 2.40
[MES] Ordinances
Legal research on 1 s amendment cases Re: sexually oriented
businesses and billboards Re: need to allow somewhere in municipality; 5.10
01/25/2007 [MES] Ordinances
Continue legal research on cases necessitating provision for billboards or
sexually oriented businesses; prepare amendments to zoning ordinance
to ease restrictions on houses; prepare memo to council Re:
recommendations on zoning ordinance amendments; email exchange
with staff Re: facilitate placing on agenda; 4.20
[MES] Council Meeting
Attend city council work session; 1.50
01/26/2007 [AAL] Phone conference with co -counsel Re: bond work; 0.50
[WFR] Misc.
Meeting with City Attorney; 0.80
[MES] Admin.
Meeting with city manager Re: current projects; 1.10
01/3012007 [MES] Community Development
Legal research and draft memo to CD Director Re: permit issued by
Fulton County re: Publix water tower sign and vested rights; 3.40
01/31/2007 [MES] Community Development
Review proposed demand letters to be sent to billboard applicant; email
exchange with R. MacDonald Re: revisions to same; 0.30
For Current Services Rendered 79.90 11,975.00
TOTAL CURRENT FEES AND COSTS 11,975.00
Previous Balance $14,365.50
BALANCE DUE...... $26,340.50
Aged Due Amounts
Stmt Date Stmt # Billed Due
01/31/2007 53785 14,365.50 14,365.50
14,365.50
Please Remit $26,340.50