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Packet-05-17-2007
CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Neal O’Brien Tina D’Aversa Rick Mohrig Thursday, May 17, 2007 Regular Council Meeting Agenda 7:00 PM INVOCATION - Reverend Jack Pilger, Ebenezer United Methodist Church 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) (Agenda Item No. 07-260) 4) APPROVAL OF MEETING AGENDA (add or remove items from agenda) 5) PUBLIC COMMENT 6) REPORTS AND PRESENTATIONS 1) Proclamation for Fulton County Police and Fire. (Presented by Joe Lockwood, Mayor) 2) Special Recognition to Cathy Haire and Gary and Earlaine Webb. (Presented by Joe Lockwood, Mayor, and Karen Thurman, Councilmember) 7) CONSENT AGENDA (Agenda Item No. 07-182) 1. Approval of Financial Statements for the period ending April, 2007. (Carol Wolfe, City Treasurer) Page 1 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Building 100 Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting, should call 678-242-2500. MILTON CITY COUNCIL REGULAR MEETING AGENDA MAY 17, 2007 - 7:00 PM Page 2 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Building 100 Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting, should call 678-242-2500. 8) ZONING AGENDA (none at this time) 9) PUBLIC HEARING 1) Public Hearing on FY 2007 Budget as Amended. 10) FIRST PRESENTATION (Agenda Item No. 07-261) 1. Approval of an Ordinance to Adopt Adjustments to the Fiscal 2007 Budget for each fund of the City of Milton, Georgia amending the amounts shown in each budget as expenditures, amending the several items of revenue anticipations, prohibiting expenditures to exceed appropriations, and prohibiting expenditures to exceed actual funding available. (Presented by Carol Wolfe, City Treasurer) (Agenda Item No. 07-262) 2. Approval of a Right-of-Way Ordinance for the City of Milton. (Presented by Greg Wilson, Community Services Director) (Agenda Item No. 07-263) 3. Approval of an Ordinance Adopting Community Services Policies for the City of Milton. (Presented by Greg Wilson, Community Services Director) (Agenda Item No. 07-264) 4) Approval of an Ordinance Amending Chapter 6, Code of Ethics, Standards of Conduct. (Presented by Mark Scott, City Attorney) 11) UNFINISHED BUSINESS (none at this time) 12) NEW BUSINESS (Agenda Item No. 07-265) 1. Approval of Monthly Invoice for Legal Fees for April (Jarrard & Davis) (Presented by Carol Wolfe, City Treasurer) (Agenda Item No. 07-183) 2. Approval of Monthly Invoice for Legal Fees for February (Riley, Lewis & McClendon) (Presented by Carol Wolfe, City Treasurer) 13) MAYOR AND COUNCIL REPORTS (none at this time) 14) STAFF REPORTS 1) Update on Fire Deployment. (Chris Lagerbloom) MILTON CITY COUNCIL REGULAR MEETING AGENDA MAY 17, 2007 - 7:00 PM Page 3 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Building 100 Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting, should call 678-242-2500. (Agenda Item No. 07-266) 15) EXECUTIVE SESSION The purpose of the Executive Session is to discuss personnel. (Agenda Item No. 07-267) 16) ADJOURNMENT PROCLAMATION WHEREAS, the Fulton County Police and Fire Departments have served the City of Milton for more than 70 years; and WHEREAS, over that time countless members of these departments have put their lives on the line to protect the citizens of Milton; and WHEREAS, we owe Fulton County police and firefighters our heartfelt thanks and our utmost respect, and WHEREAS, the City of Milton has established its own Public Safety Department as is assuming responsibility for police and fire operations; NOW THEREFORE, we, the Mayor and City Council do hereby proclaim our gratitude and urge all citizens to salute and thank the Fulton County police and firefighters for their spirit of courage, service, and sacrifice in all they do for each of us. Given under my hand and the Seal of the City of Milton, Georgia on this 17th day of May 2007. ____________________________ Joe Lockwood, Mayor (Seal) City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 9, 2007 FROM: City Manager AGENDA ITEM: FINANCIA STATUS REPORT FOR PERIOD 7 — APRIL 2007 MEETING DATE: Thursday, May 17, 2007 Work Session BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY Cl TY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: REMARKS: (} NOTAPPROVED x) NO NO () NOTAPPROVED FINANCIAL STATEMENTS Memo To: The Honorable Mayor and City Councilmembers From: Carol Wolfe, Director of Operations CC: Aaron Bovos, City Manager Bill Doughty, Communications Manager Carol Haag, Executive Aide Rick Hirsekorn, CH2M Hill Stacey Inglis, Finance Manager Jeanette Marchiafava, City/Court Clerk Chris Lagerbloom, Public Safety Director Charles Millican, Deputy Public Safety Director Mike Tuller, Deputy Community Development Director Greg Wilson, Community Services Director Tom Wilson, Community Development Director Date: 5/8/2007 Re: Financial Status Report for Period 7 — April 2007 OVERVIEW and FINANCIAL HIGHLIGHTS: The attached financial statements represent figures as of the close of period 7, April 2007. 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 50% 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. Revenue sources that are trending significantly higher than anticipated are local option sales tax, alcohol beverage excise tax, alcohol beverage licenses and investment earnings. Motor vehicle tax, intangible tax and real estate transfer tax are trending slightly lower than anticipated and an adjustment will be recommended during a council meeting in May. Expenditures are tracking within anticipated levels, currently in total at 47.4 % of budget. Capital Project Fund The purchase of public safety equipment continues and is funded by a capital lease agreement. During the May budget adjustment, 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. 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 $2,594,40$. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $ Sidewalk Replacement Fund: Balance: $15,000 City of Milton Statement of Revenues, Expenditures, and Changes in Fund Balances Governmental Funds For the Period Ended April 30, 2007 Total Capital Governmental REVENUES Taxes: Property Tax $ - $ - $ Local Option Sales Tax 1,043,009 - 1,043,009 Other Taxes 819,219 - 819,219 Licenses and permits 147,299 - 147,299 Intergovernmental - - - Charges for services 466,472 91,237 557,709 Fines/Forfeitures - - - Investment earnings 52,545 - 52,545 Contributions and Donations 3,270 15,000 18.270 Other - - - Total revenues $ 2,531,814 $ 106,237 $ 2,638,050 EXPENDITURES Current: Unallocated $ - S - $ - General government 1,831,968 - 1,831,968 Public safety 2,418,484 2,574,857 4,993,141 Community Services 817,511 - 817,511 Economic and community development 469,223 - 469,223 Culture and recreation 1,076 19,751 20,826 Capital outlay - - - Total expenditures $ 5,538,262 $ 2,594,408 $ 8:132,670 Excess (deficiencv) of revenues over(under)expenditures (3,006,448) (2,488,171) (5,494,619) OTHER FINANCING SOURCES (USES) Transfers in $ - $ 90,000 $ 90,000 Transfers out (90,000) - (90,000) Sale of capital assets - - Insurance Proceeds - - - Capital lease proceeds - 2,433,061 2,433,061 Note interest (63,418) - (63,418) Bond principal - - - Total other financing sources (uses) $ (153,418) $ 2,523,061 $ 2,369,643 Net change in fund balances (3,159,866) 34,890 (3,124,976) Fund balances - beginning - - Fund balances - ending S (3,159.866) $ 34,890 $ (3,124,976) 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 As of April 30, 2007 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 Taxes: Property Tax $ 6,868,142 $ $ (6,868,142) Local Option Sales Tax 2,496,629 1,043,009 (1,453,620) Business & Occ Tax 600,000 445,730 (154,270) Motor Vehicle Tax 345,911 135,754 [210,157] Intangible Tax 201,000 110,643 (90,357) Real Estate Transfer Tax 59,949 21,709 (38,231) Alcohol Beverage Excise Tax 15,000 70,1044 55,104 HotellMotel Excise Tax 25,497 15,047 (10,450) Financial Institution Tax 25,000 20,233 (4,768) Licenses and Permits 181,727 147,299 (34,428) Intergovemmental - - Charges for Service: Franchise Fees 823,000 383,080 (438,920) Other Charges for Service 284,332 83,392 (200,940) Fines/Forfeitures 416,000 - (416,000) Investment Earnings 2,500 52,545 50,045 Contributions and Donations - 3,270 3,274 Other - - - Total revenues $ 12,344,678 $ 2,531,814 $ (9,812,864) EXPENDITURES Current: General government Mayor and Council $ 297,368 $ 107,925 $ 189,443 Clerk of the Council 171,488 74,648 96,840 City Manager 796,816 380,994 415,822 Legal Services 110,000 66,279 43,721 Municipal Court 329,521 134,555 194,966 Operations 2,D50.543 1,017,741 1,042,802 Risk Management 389,000 49,826 339,174 Operating Reserve 246,894 - 246.894 Total General Government $ 4,401,630 $ 1,831,968 $ 2,569,662 Pubic safety 4,721,935 2,418,484 2,303,451 Community Services 1,448,440 818,587 629,853 Economic and Community Development 1,123,388 469,223 654,165 Total expenditures $ 11,695,393 $ 5,538,262 $ 6,157,131 Excess of revenues over expenditures $ 649,285 $ (3,006,448) $ (3,655,733) OTHER FINANCING SOURCES (USES) Transfers out (150,000) (90,000) 60,000 Capital lease payment (262,785) - 262,785 TAN interest (150,000) (63,418) 86,582 COP principal (86,500) - 86,500 Total other financing sources and uses $ (649,285) $ (153,418) $ (495,867) Net change in fund balances (3,159,866) 3.159,866 Fund balances - beginning - - Fundbalances- ending $ $ (3,159,866) $ 3,159,866 The accompanying 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 As of April 30, 2007 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 $ 250,000 5 90,507 $ (159,493) Solid Waste Fees 50,000 729 (49,271) Sidewalk Replacement Account - 15,090 15,000 Tree Replacement Account - - - Investment Earnings - Other - - Total revenues S 300,000 $ 106,237 5 (193,763) EXPENDITURES Capital Outlay Unallocated: S 71,261 $ - S 71,261 Public Safety 94,000 2,574,557 (2,480,657) Community Services - Public Works 265,000 - 265,000 Community Services - Recreation & Parks 19,739 19,751 (12) Total Capital Outlay S 450,000 $ 2,594,408 5 (2,144,408) Excess of revenues over expenditures (150,000) (2,488,171) (2,338,171) OTHER FINANCING SOURCES (USES) Transfers in from General Fund 5 150,000 S 90,000 $ (60,000) Lease Proceeds - 2,433,061 2,433,061 Total other financing sources and uses $ - $ 2,523,061 $ 2,433,061 Net change in fund balances (150,000) 34,890 184,890 Fund balances - beginning - - Fund balances - ending 5 (150,000) $ 34,890 $ 184,890 The accompanying notes to the financial statements are an integral part of this statement. N ~ -0 v = N G1 LL CL L _ d Q Q L7 c cr) R1 ._ _ E A aQ+ +m- W �(na 0 0 L y LL lU 1--.s 0 o p co 4 o to o c La 0 o w N N of v o o ao O O C O Ln O O O P7 d b 4 C Co n N N � C7 p Ln CD C3 C Q 4 O O O s� G CN N N 0 o C N C C 4 C7 0 o O Pr Lr"] M D N M N r r O O pl N O O O M C 4 4 La O O C7 Lo CD d M 07 N r N] M C G b o rn O 00 C3 M M ca N N z a M. n LL e +e} IN IN n c C m O m m V [9 G C e 16 CI � L6 F C w m Z � c n W N m rn C O c%� o ao C ti C OSCE C. 7 Ll9 u7 d C I- Lc ti lc lc (p p Lf') [D OO M (D 4 C LD c+s 0 LD co C\ N N M N 00 (D in O O 4 rn 00 M N G M b7 O r V` v Ln O N C: Lp C. f-- N C V LA rD N 7 M Ln N N N cl O Qv i? d m00 f� I"m C LL y Ln IX] v Q M M C G C f- cO C N C C4 N I• L[7 o Cl) LD n s - Lfl C N r C O W Ln co Ln Q P7 CL M N Ln O ❑i nN a O q7 LO N T7 4 LL7 N t• M N � � p Liz Il- C LO cp 00 C N Ln UJ N �`7 LD 3 M rn o o � 7 r to 0 NN O • M1 m Ln o N C (D f- O _ M Q in f� N C C 4 L- L1] LO Lo C7 N OCD N u 0 o p co 4 o to o c La 0 o w N N of v o o ao O O C O Ln O O O P7 d b 4 C Co n N N � C7 p Ln CD C3 C Q 4 O O O s� G CN N N 0 o C N C C 4 C7 0 o O Pr Lr"] M D N M N r r O O pl N O O O M C 4 4 La O O C7 Lo CD d M 07 N r N] M C G b o rn O 00 C3 M M ca N N z a M. n LL e +e} IN IN n c C m O m m V [9 G C e 16 CI � L6 F C w m Z � c n W N co O C O N C � C n 4 OSCE C. 7 Ll9 u7 d C I- Lc ti Lo Lfl (p L{7 Lfl Ln LD co N C N 00 (D in O O 4 rn 00 Ln (D " Ln v_ (D O m CO en � O r V` v Ln co N 00 N co f• C Lp C N cl O i? d m00 f� I"m C LL y v M M C G C f- cO C N C C4 N I• L[7 o Cl) LD n s - Lfl C N r C O W Ln co Ln Q P7 M N Ln O ❑i a N Lp LO LO a I-- clm C) cO o 00 m o rn LD M rn o o � cD r to 0 z C 61 C Ltl E N � V OCD m 0 C ..�- 3 w m G C C O G Q t E C w F C m~~ to 03 L] u W 0 o p co 4 o to o c La 0 o w N N of v o o ao O O C O Ln O O O P7 d b 4 C Co n N N � C7 p Ln CD C3 C Q 4 O O O s� G CN N N 0 o C N C C 4 C7 0 o O Pr Lr"] M D N M N r r O O pl N O O O M C 4 4 La O O C7 Lo CD d M 07 N r N] M C G b o rn O 00 C3 M M ca N N z a M. n LL e +e} IN IN n c C m O m m V [9 G C e 16 CI � L6 F C w m Z � c n W PROCUREMENT STATUS Memo To: The Honorable Mayor and City Councilmembers From: Carol Wolfe, Director of Operations CC: Aaron Bovos, City Manager nate: 5/8/2007 Re: Procurement Status Attached are two lists, one indicating purchase orders issued for the months of November 2006 through April 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 16 r t; U `2 O w c c ❑ gc p n ❑ W N N m N (] m U N N N y W = chicatsaCJ 3= 0V �a-acioa J3 U U U U❑❑ a ro UU�m •��Cl v �-m �as (D 'C:aamaa'r .2 a�> B7aamm53��oaro7m 0)co b)bLL 0 0 W MC) M = V) W CO CO M C7 CO W QMV)W C7 M Cn C7 d N d d d d O o d d O N C7 0 o O r- W d d o d o o G O O M O O M d r d d d CA d o Ir d� Cp d o oro O O O O 0! o [7 C� O O O O R . . N d w N 4 M1 d d CA M Q M1 M1 O w v Cn d N d CI d cc d d z co mw N u7 u7 N M W W c O7 C7 O M CO M1 d lC} d d u7 d d O N C'! Cp � ti ca d [A d N d M1 co r� O, N O 63 6+ M1 d M1 cD M1 d rD m 1[7 d 6� u7 u7 t` CO C;) M1 CO M r r= M T T M MC7 M CL] N 4] N Q! N (0 N Cfl N r N o 0 d LO N 00 N M N cc Cl) N IT C[3 N d Q N Ff] uj [I] 6g W4 f9 E9 E9 64 E9 EA d3 E9 EA U'3 E9 69 64 69 b3 69 H! 69 69 EN H3 43 Eq &'4 FA ff} O T T T T T _T T T T T T T T T T T T T C T T T N T 7 Z. o W �' w ,0 ,N .N C ,d ,0 r m N d d N m o d 71-22 N� Q1 Y a N 2 d m m m m a m o m m m N m m m m m C4 m m a m m b f6 m CO m H L!] N rn N u] 0 U co •� UJ f17 C!] m co LO [] U -V U U [] oti U o,2.2 V o.2 .2 ,2 y .2 .2 U U 06 U V V 2 [] U U V ❑a Q az�:5:5- caaUcazaaa.Qa o�aa CLaaaaa F d d d 3>>> 3 3 a a U=== m m m= m= a s a p b b p 3 a b a �ppN w aaaaaama aaa aaaa aaa ag a as aaaaC- LU 'C7 o N (] JC Cb vi 4 = N N 07 (D 07 vi D y O y L1 f4 QI V pU Cc ` m q w N 2w L :� =o v a o3 Q c m a m v D q p ❑ 2 m m c 7 d � = a q? N N U] tl! C C C C m .2 .2 ,@ 9- 19 R TL 0000 m 2 m OLLI 7)a In a a H d a Q G �amwm 0 0'5 o 0 C C C C a C O a P h O a a� Lf) �o co a 6p,W,69)� W co m h P- F- Q 000 Q N N N N ❑ r➢ O r r Q LU p rp h ~ O O O C. rn _ rrr N N U] tl! C C C C m .2 .2 ,@ 9- 19 R TL 0000 CAPITAL PROJECT REPORT Memo To: The Honorable Mayor and City Council members From: Carol Wolfe, Director of Operations CC: Aaron Bovos, City Manager Date: 5!8!2007 Re: 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 Kyle Jones, Budget Coordinator. Thank you. Attachment LU H a cl 0- Z) U W 0 [}• a - J Q H Ll. a 6' -C ti C1O to N 9 co d 0 X17 O 6 9 C a w 00 R cp M ;,M w?_ r, O O 4 O O D ' p O O ry N N Q c N (J N M u7 t� co Ip Ln z [a n7 0 M N O O O 6 0 C� O Cl U O (0 T LIJ '— O N C T 4 m 0 O W N ❑p N �, [o r z z QQ g J LU m e9 u), s» V E19 B9 ua w .L n N �7 u co m V a, m O 0, rn r>s n O Q v> © e9 rrr en ti ti W �2 no0o N m ta o p �? U co un LO L Ln z coN c.9 Q m U z LU b9 69 V9 69 69 in 0I M Vn N9 69 69 FR arr ip y9 O C Oi Ol .D N W LO Q W 1 O In O O O Q �Ll N to co r" N M � G n co r N W co N N m ui o w Yr O v ne u] m cp o l }. r- ai 0 M C] 0 W r CL K U W J m N 0 a Q G Old 0 4 P O 4 a] C1 ami (J] D 0 F- U 0 N O 0 al L6 O(� 0 l Z 9 0 4 O 0 9 O 0 C 0 o P a N Y r r - C3 7. U i, T6'+ W r N N d N M ap�p77 CIO IL N O z W SC U W W C] C] LL CL (/? W 69 w Fy 69 IR FA 69 V), W w FR U, by w LU M),[A V U] W W O N LL a oyi g c LL Q L H Q N O t] w H m v7 R p V UJ W W W m J m ?i :° c� ¢ E W v J m a N v m `G = a m c m c °° W U J Q Q d : 0 D a L� _ c6 '� ,c !? ❑ E r 2 c , g ❑ ❑ w M FL 0 a ❑ m E m m a ( 7 0. CL @0 S m ¢ a G a o w c m w D C a l a F J Z F 1 C3 w c ua a ii o co LL Q ❑ 0 F n ❑ r F 4 � 4 C7 O Q 4 � LO w go z z a� �a w ,pa w U z a m U z w "4 U) w z (L x w 69. V" 0 v 0 C a CD C? U) Li LfiLe)z Y 0 r w a 0 z w � a a ❑ J LU �v bH w � H a � w w a c E 0 z iU ❑ �a CL v�CD `° o o N Q N 0 LU 2 V Z Z 4 i J E Q W R' m rii u3 c�7 w rfi arr to W U z m U z LU LU ❑ H z W a- x w u► cA sfa sv arr y� CD d a d o d Cs O 0 d � o Q O Z vLa cc o � m w to H a o 0. IL L a E Q C LLl 0 1�o ro C pT _ . c' Z � p c 4 H LL Na - o a 0 3: of W U d N U l w °o Q ) a Z m U In w > ; W ULLJ _ m a ¢ 0 o CD J ate+ CD J , [ Q ❑ a H i m F GRANT STATUS Memo To: The Honorable Mayor and City Council members From: Carol Wolfe, Director of Operations CC: Aaron Bovos, City Manager Cate: 5/8/2007 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 X U F Q LU �❑ J w aw U � J J ry1 W a❑� LL W w a 'S µV 2 ❑ LLJ z li ¢ w x.i W U LLI W a O z .$ a z ❑ 2 ¢ L) J 1 xt V)i to U a U C E 8 [q w Q � •Q F ca ❑ [u [ I U U U C I L] lLI U [ 1�C7�L' O v M W yr 0 r- 0 0 M 1�1 O 0 0 ❑ tm m ami m a . a a vGi n m ti V » ro w a � v m M W co M f9 f9 w o m (D m o cc m co ri M CS 0 M of N v � � U_ U_ 2.2 Q m 4 M a s Ua Ud 0a- 5 Q c E ID F 0 R N C $ 0 a M m n CJ OO O C, O 0 j 0 E 0 k2 H m m m= m= m I • N a�1 [` N G1 ` �I � i Q LL L7 Q IL L7 LL D -j (0 W ¢ ❑ > Z ui LL W w LU F ❑ a Lu ❑ F W U N LU z 0. ❑ x a w N W J a N 7 ❑ I ¢ IL V) OL rn a p Q Z ❑ N F Ur x a � s w o � J Z a c] r W :,as 1 U d U [ O 5ai ❑ m Fm - 0 F ro 1 City of Milton 13000 Deerfield Parkway, Suite 101', Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 8, 2007 FROM: City Manager AGENDA ITEM: Approval of Recommended Budget Adjustment to the Fiscal Year 2007 Annual Budget MEETING DATE: Thursday, May 17, 2007 Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: KAPPROVED {} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: { } YES NO CI TY A TTORNEY REVIEW REQ U1RED: {) YES , NO APPROVAL BY CITY ATTORNEY ()APPROVED { } NOT APPROVED PLACED ON AGENDA FOR: 1'p'�� A Al � REMARKS: F�`� City of Milton 13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Carol R. Wolfe, CGFM, SPHR, Director of Operations Date: Submitted May 8, 2007 for May 17, 2007 Council Meeting Agenda Item: Presentation of Recommended Budget Adjustments to the Fiscal Year 2007 Annual Budget Attached to this memo are the details comprising a budget adjustment to the fiscal year 2007 annual budget, originally approved by Council on November 30, 2006. Georgia state law requires a balance budget by fund for the general fund and all special revenue funds. Council adopted a balanced budget for the general fund and capital project fund in November of 2006. During the adoption of the FY07 budget, there was discussion on the probable need for a budget adjustment during the fiscal year to address shortfalls and unanticipated expenditures as well as to adjust revenues as current collection trends would suggest. Staff has identified areas where additional funding is required as well as new appropriations needed resulting from grant applications and auditor recommendations. The budget adjustment will involve appropriations in the following funds: General Fund: The recommendations for budget adjustments in the general fund include revenue adjustments to local option sales tax, alcohol beverage license fees, alcohol beverage excise tax, false alarm registration, interest earnings, and miscellaneous revenue. Expenditure adjustments are detailed by department in the attachment to this memo and will be presented in detail by staff during the advertised public hearing period. The adjustment to both revenue and expenditures is $733,159. Capital Project Fund: The capital project fund includes the revenue and expenditure appropriation for the capital lease, executed in January to facilitate the purchase of public safety equipment. The comprehensive land use plan is being moved into the capital project fund from the general fund in order for funding to continue on a project length basis. The landfill host fees are reduced to match the anticipated collection. The adjustment to both revenues and expenditures is $3,290,657. Hotel/Motel Fund: The hotel/motel fund increase in both revenue and expenditures is $25,497 and is a result of moving the revenue collected for hotel/motel occupancy tax to a special revenue fund and transferring the revenue back into the general fund. The methodology of funding revenues and expenditures in the following grant funds include the proactive increase to both revenue and expenditure appropriations for all grants applied for and not necessarily awarded. These appropriations are made in anticipation of a grant award so as to allow grant expenditures to begin immediately upon that award. In the event a grant is not awarded, the funding will not be renewed during the next budget cycle. City of Milton 13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004 2 Operating Grant Fund: The operating grant fund increase in both revenue and expenditures is $15,000 and is a result of the legislative grant provided for the update to the Crabapple Master Plan. Capital Grant Fund: The capital grant fund increase in both revenue and expenditures is $1,151,856 and is a result of the following grants, either awarded or pending: Legislative grant provided for the restroom renovation at Bell Memorial Park - $80,000 Legislative grant provided for re-paving - $500,000 Legislative grant provided for the purchase of AED units - $45,000 Fireman’s Fund Heritage Grant - $88,964 Assistance to Firefighter’s Grant - $437,892 Concurrent Review: Aaron Bovos, CGFM, CTP, City Manager AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT ADJUSTMENTS TO THE FISCAL 2007 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. WHEREAS, the City Manager of the City of Milton has presented adjustments to the fiscal year 2007 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget adjustments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the adjusted fiscal year 2007 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget adjustment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2007 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. ADOPTED AND APPROVED this _____ day of _______________ . CITY OF MILTON, GEORGIA By: ________________________ Mayor _________________________ ________________________ Council Member Council Member _________________________ ________________________ Council Member Council Member _________________________ ________________________ Council Member Council Member (SEAL) Attest: _______________________________ City Clerk First Reading ________________________ Second Reading _______________________ City of Milton, Georgia Fiscal Year 2007 Summary of Departmental Budget Adjustments Fiscal Year 2007 Budget Adjustment 2 The goal of the fiscal year 2007 budget adjustment is to provide an opportunity for each department to request funding to cover expenditures incurred as either unforeseen or omitted from the original budget passed by the City Council on November 30, 2006. General Fund The General Fund is the principal operating fund of the government and is used to facilitate current year operations. General Fund revenues are revenues with unrestricted use. Expenditure requests are categorized into two categories: Salary/Benefits and Maintenance/Operating. Salary / benefits line items include salaries, overtime, vacation pay, retirement and other associated payroll expenditures. The maintenance / operating category includes expenditures related to operational line items such as, supplies, professional fees, training, dues/fees, travel, utilities, communications, machinery & equipment, etc. During the year, expenditures are monitored and the savings realized from the difference between actual expenditures and budgeted expenditures are transferred to a departmental unallocated account. With the city manager and operations director approvals, the unallocated account is used throughout the year to fund unanticipated expenditures within a department. Where available, unallocated account balances have been used to fund these budget adjustments. GENERAL FUND SUMMARY: Revenue Appropriation Increase: $ 733,159 Expenditure Appropriation Increase: $ 733,159 Net Revenue (Expenditure) Requests: $ - Revenue Adjustments: The change in original revenue estimates for the following revenue sources is driven by analysis of activity for the months of December – April. A projection was completed using available data indicating the fiscal year 2007 revenue estimates could be adjusted by the amounts indicated in the following accounts: Revenue Source Estimate YTD Receipts Mid-Year Revision Proposed Final Budget Local Option Sales Tax $ 2,496,629 $ 1,043,008 $ 386,559 $ 2,883,188 Alcohol Beverage Excise Tax $ 15,000 $ 70,104 $ 130,000 $ 145,000 Motor Vehicle Tax $ 345,900 $ 143,606 $ (9,000) $ 336,900 Alcohol Beverage Licenses $ 5,333 $ 109,935 $ 104,600 $ 109,933 False Alarm Registration $ 29,167 $ 875 $ (22,000) $ 7,167 Hotel/Motel Tax $ 25,497 $ 15,046 $ (25,497) $ - Interest Earnings $ 2,500 $ 52,545 $ 65,000 $ 67,500 Miscellaneous Revenue $ - $ - $ 78,000 $ 78,000 Other Financing Sources Interfund Transfer In - Hotel/Motel Fund $ - $ - $ 25,497 $ 25,497 TOTAL $ 2,920,026 $ 1,435,119 $ 733,159 $ 3,653,185 Fiscal Year 2007 Budget Adjustment 3 Expenditure Adjustments: The recommended expenditure adjustments are presented below by department. CITY MANAGER ACCOUNT DESCRIPTION APPROVED BUDGET DEPARTMENT AMENDED BUDGET YEAR TO DATE ACTUAL ENCUMBERED AMOUNT REMAINING BALANCE RECOMMENDED BUDGET ADJUSTMENT FINAL BUDGET Salary & Benefits $ 186,316 $ 188,678 $ 94,603 $ - $ 94,075 $ - $ 188,678 Professional Fees $ - $ - $ - $ - $ - $ 30,000 $ 30,000 Professional Fees-CH2M Hill $ 556,078 $ 556,078 $ 280,325 $ - $ 275,753 $ (278,039) $ 278,039 Communications $ 1,000 $ 1,000 $ 474 $ - $ 526 $ - $ 1,000 Travel $ 12,500 $ 9,138 $ 414 $ - $ 8,724 $ - $ 9,138 Dues & Fees $ 2,000 $ 11,000 $ 4,421 $ - $ 6,579 $ - $ 11,000 Education & Training $ 2,000 $ 4,000 $ - $ - $ 4,000 $ - $ 4,000 General Supplies $ 36,922 $ 14,422 $ 48 $ - $ 14,374 $ - $ 14,422 Utilities $ - $ - $ 379 $ - $ (379) $ - $ - Food/Meals $ - $ 1,000 $ 218 $ - $ 782 $ - $ 1,000 Unallocated $ - $ 11,500 $ - $ - $ 11,500 $ - $ 11,500 TOTAL $ 796,816 $ 796,816 $ 380,882 $ - $ 415,934 $ (248,039) $ 548,777 Salary/Benefits 186,316$ 188,678$ 94,603$ -$ 94,075$ -$ 188,678$ M & O 610,500$ 608,138$ 286,279$ -$ 321,859$ (248,039)$ 360,099$ Budget Adjustment Notes: $ (278,039) $ 30,000 $ (248,039) 2. Increase in professional fees to fund special events program RECOMMENDED BUDGET BY ACCOUNT 1. Decrease in professional fees - CH2M due to moving the funding for communications to a separate cost center ACCOUNT DESCRIPTION APPROVED BUDGET DEPARTMENT AMENDED BUDGET YEAR TO DATE ACTUAL ENCUMBERED AMOUNT REMAINING BALANCE RECOMMENDED BUDGET ADJUSTMENT FINAL BUDGET Professional Fees - CH2M Hill $ - $ - $ - $ - $ - $ 278,039 $ 278,039 TOTAL $ - $ - $ - $ - $ - $ 278,039 $ 278,039 Salary/Benefits -$ -$ -$ -$ -$ -$ -$ M & O -$ -$ -$ -$ -$ 278,039$ 278,039$ Budget Adjustment Notes: 278,039$ 278,039$ RECOMMENDED BUDGET BY ACCOUNT Increase in professional fees to cover CH2M Hill contract. This amount was previously budgeted in City Manager cost center and is now to be shown as a separate cost center PUBLIC INFORMATION Fiscal Year 2007 Budget Adjustment 4 OPERATIONS - Finance ACCOUNT DESCRIPTION APPROVED BUDGET DEPARTMENT AMENDED BUDGET YEAR TO DATE ACTUAL ENCUMBERED AMOUNT REMAINING BALANCE RECOMMENDED BUDGET ADJUSTMENT FINAL BUDGET Salary $ 147,988 149,050$ 43,307$ -$ 105,743$ -$ 149,050$ Professional Fees $ 47,000 45,867$ 13,867$ 32,000$ -$ -$ 45,867$ Professional Fees - CH2M Hill (Finance) $ 794,461 794,461$ 400,498$ -$ 393,963$ -$ 794,461$ Communications $ 1,000 1,700$ 1,044$ -$ 656$ -$ 1,700$ Printing $ - 500$ 179$ -$ 321$ -$ 500$ Travel $ 4,000 2,051$ -$ -$ 2,051$ -$ 2,051$ Dues & Fees $ 1,000 $ 1,000 $ 645 $ - $ 355 $ - 1,000$ Education & Training $ 3,500 $ 3,500 $ - $ - $ 3,500 $ (500)3,000$ Supplies $ - $ 12 $ 12 $ - $ - $ - 12$ Food/Meals $ - $ 596 $ 295 $ - $ 301 $ - 596$ Machinery & Equipment $ - $ 212 $ 229 $ - $ (17) $ - 212$ Unallocated $ - -$ -$ -$ -$ -$ -$ TOTAL $ 998,949 998,949$ 460,076$ 32,000$ 506,873$ (500)$ 998,449$ Salary/Benefits 147,988$ 149,050$ 43,307$ -$ 105,743$ -$ 149,050$ M & O 850,961$ 849,899$ 416,769$ 32,000$ 401,130$ (500)$ 849,399$ Budget Adjustment Notes: (500)$ $ (500) RECOMMENDED BUDGET BY ACCOUNT Decrease Dues and Fees for professional organization membership. Dues/fees money for Operations was originally budgeted entirely in Finance Department and should be split between the two departments. ACCOUNT DESCRIPTION APPROVED BUDGET DEPARTMENT AMENDED BUDGET YEAR TO DATE ACTUAL ENCUMBERED AMOUNT REMAINING BALANCE RECOMMENDED BUDGET ADJUSTMENT FINAL BUDGET Professional Fees - CH2M Hill (H.R.) $ 59,000 59,000$ 29,743$ -$ 29,257$ 26,250$ 85,250$ Dues & Fees $ - $ - $ 330 $ - $ (330) $ 500 $ 500 Education & Training $ - $ - $ - $ - $ - $ - $ - TOTAL $ 59,000 $ 59,000 $ 30,073 $ - $ 28,927 $ 26,750 $ 85,750 Salary/Benefits -$ M & O 59,000$ 59,000$ 30,073$ -$ 28,927$ 26,750$ 85,750$ Budget Adjustment Notes: 500$ 26,250$ 26,750$ RECOMMENDED BUDGET BY ACCOUNT Increase Dues and Fees for professional organization membership. Dues/fees money for Operations was originally budgeted entirely in Finance Department and should be split between the two departments. Increase Professional Fees - CH2M Hill due to change order for public safety services OPERATIONS – Human Resources Fiscal Year 2007 Budget Adjustment 5 ACCOUNT DESCRIPTION APPROVED BUDGET DEPARTMENT AMENDED BUDGET YEAR TO DATE ACTUAL ENCUMBERED AMOUNT REMAINING BALANCE RECOMMENDED BUDGET ADJUSTMENT FINAL BUDGET Salary $ - $ - $ - $ - $ - $ - $ - Professional Development $ - $ - $ - $ - $ - $ - $ - Professional Fees $ 200,000 $ 200,000 $ 1,736 $ - $ 198,264 $ (198,264) $ 1,736 Professional Fees - CH2M Hill $ 923,388 $ 923,388 $ 465,493 $ - $ 457,895 $ - $ 923,388 Dues & Fees $ - $ - $ - $ - $ - $ 500 $ 500 Education & Training $ - $ - $ 1,950 $ - $ (1,950) $ 2,000 $ 2,000 Equipment R & M $ - $ - $ - $ - $ - $ - $ - Vehicle R & M $ - $ - $ - $ - $ - $ - $ - Machinery $ - $ - $ - $ - $ - $ - $ - TOTAL $ 1,123,388 $ 1,123,388 $ 469,178 $ - $ 654,210 $ (195,764) $ 927,624 Salary/Benefits -$ -$ -$ -$ -$ -$ -$ M & O 1,123,388$ 1,123,388$ 469,178$ -$ 654,210$ (195,764)$ 927,624$ Budget Adjustment Notes: $ (200,000) $ 1,736 $ 500 $ 2,000 $ (195,764) 3. Increase dues/fees to cover American Planning Association memberships for the Planning Commission 4. Increase education/training to cover Boards/Commissions training session RECOMMENDED BUDGET BY ACCOUNT 1. Decrease professional fees in order to re-classify the comprehensive plan update to the capital project fund 2. Increase in professional fees to cover cost of City Hall building permit and Certificate of Occupancy ACCOUNT DESCRIPTION APPROVED BUDGET DEPARTMENT AMENDED BUDGET YEAR TO DATE ACTUAL ENCUMBERED AMOUNT REMAINING BALANCE RECOMMENDED BUDGET ADJUSTMENT FINAL BUDGET Salary $ - $ - $ - $ - $ - $ - $ - Professional Fees $ - $ - $ 1,134 $ - $ (1,134) $ 1,200 $ 1,200 Professional Fees - CH2M Hill $ 1,423,440 $ 1,410,940 $ 717,574 $ - $ 693,366 $ 12,500 $ 1,423,440 Maintenance Contracts $ - $ 12,500 $ 8,063 $ - $ 4,438 $ - $ 12,500 Utilities $ 25,000 $ 25,000 $ 67,144 $ - $ (42,144) $ 252,000 $ 277,000 Machinery $ - $ - $ - $ - $ - $ 15,300 $ 15,300 TOTAL $ 1,448,440 $ 1,448,440 $ 793,914 $ - $ 654,526 $ 281,000 $ 1,729,440 Salary/Benefits -$ -$ -$ -$ -$ -$ -$ M & O 1,448,440$ 1,448,440$ 793,914$ -$ 654,526$ 281,000$ 1,729,440$ Budget Adjustment Notes:1. Increase in professional fees to cover cost of participation in Bulky Trash Day 1,200$ 2. Increase in professional fees to cover animal control contract with Fulton County 12,500$ $ 252,000 $ 15,300 $ 281,000 4. Increase in machinery/equipment to cover signage costs for Adopt-a-Road program RECOMMENDED BUDGET BY ACCOUNT 3. Increase in utility costs to cover street lighting expenditures and utilities costs in parks COMMUNITY DEVELOPMENT COMMUNITY SERVICES Fiscal Year 2007 Budget Adjustment 6 PUBLIC SAFETY - ADMINISTRATION ACCOUNT DESCRIPTION APPROVED BUDGET DEPARTMENT AMENDED BUDGET YEAR TO DATE ACTUAL ENCUMBERED AMOUNT REMAINING BALANCE RECOMMENDED BUDGET ADJUSTMENT FINAL BUDGET Salary & Benefits - Admin 229,742$ 229,742$ $ 83,987 $ - $ 145,755 $ - $ 229,742 Professional Fees 13,300$ 39,300$ $ 34,794 $ - $ 4,506 $ - $ 39,300 Professional Fees - CH2M -$ -$ $ - $ - $ - $ 74,265 $ 74,265 Equipment R & M 4,500$ 4,500$ $ - $ - $ 4,500 $ - $ 4,500 Vehicles R & M 80,000$ 79,000$ $ 6,765 $ - $ 72,235 $ - $ 79,000 Facilities R & M -$ -$ $ - $ - $ - $ - $ - Communications 17,465$ 2,465$ $ 2,258 $ - $ 207 $ - $ 2,465 Advertising 8,500$ 5,500$ $ 2,018 $ - $ 3,482 $ - $ 5,500 Printing 8,100$ 8,100$ $ 2,012 $ - $ 6,088 $ - $ 8,100 Facility Rental -$ -$ $ - $ - $ - $ 86,500 $ 86,500 Travel 4,250$ 4,250$ $ 1,450 $ - $ 2,800 $ - $ 4,250 Dues & Fees $ 2,500 2,500$ $ 755 $ - $ 1,745 $ - $ 2,500 Education & Training $ 2,500 2,500$ $ 175 $ - $ 2,325 $ - $ 2,500 Maintenance Contracts 119,440$ 84,295$ $ 7,335 $ - $ 76,960 $ - $ 84,295 General Supplies 3,675$ 3,675$ $ 270 $ - $ 3,405 $ - $ 3,675 Utilities 11,850$ 11,850$ $ - $ - $ 11,850 $ - $ 11,850 Food/Meals 1,125$ 1,125$ $ 96 $ - $ 1,029 $ - $ 1,125 Uniforms 5,830$ 5,830$ $ 5,000 $ - $ 830 $ - $ 5,830 Machinery 40,000$ 41,800$ $ 41,755 $ - $ 45 $ - $ 41,800 Non-recurring -$ -$ $ - $ - $ - $ - $ - Unallocated -$ -$ $ - $ - $ - $ - $ - TOTAL $ 552,777 $ 526,432 $ 188,669 $ - $ 337,763 $ 160,765 $ 687,197 Salary/Benefits 229,742$ 229,742$ 83,987$ -$ 145,755$ -$ 229,742$ M & O 323,035$ 296,690$ 104,682$ -$ 192,008$ 160,765$ 457,455$ Budget Adjustment Notes: $ 74,265 $ 86,500 160,765$ RECOMMENDED BUDGET BY ACCOUNT Increase professional fees to cover CH2M change order for IT and HR services Reclassify note payment to facility rental expenditure account PUBLIC SAFETY – POLICE SERVICES ACCOUNT DESCRIPTION APPROVED BUDGET DEPARTMENT AMENDED BUDGET YEAR TO DATE ACTUAL ENCUMBERED AMOUNT REMAINING BALANCE RECOMMENDED BUDGET ADJUSTMENT FINAL BUDGET Salary & Benefits - Police 525,612$ 525,612$ $ 12,290 $ - $ 513,322 $ 17,495 $ 543,107 Professional Fees 1,640$ 1,640$ $ 30 $ - $ 1,610 $ - $ 1,640 Equipment R & M 200$ 200$ $ - $ - $ 200 $ - $ 200 Vehicles R & M -$ -$ $ - $ - $ - $ - $ - Facilities R & M -$ -$ $ - $ - $ - $ - $ - Communications 12,000$ 12,000$ $ 5,221 $ - $ 6,779 $ - $ 12,000 Advertising -$ -$ $ - $ - $ - $ - $ - Printing -$ -$ $ - $ - $ - $ - $ - Travel 3,500$ 3,500$ $ - $ - $ 3,500 $ - $ 3,500 Dues & Fees $ 500 500$ $ - $ - $ 500 $ - $ 500 Education & Training $ 4,200 4,200$ $ - $ - $ 4,200 $ - $ 4,200 Maintenance Contracts 840,000$ 840,000$ $ 874,986 $ - $ (34,986) $ 249,887 $ 1,089,887 General Supplies 8,740$ 8,740$ $ 2,890 $ - $ 5,850 $ - $ 8,740 Uniforms 35,600$ 35,600$ $ 30,931 $ - $ 4,669 $ - $ 35,600 Utilities -$ -$ $ - $ - $ - $ - $ - Food/Meals -$ -$ $ - $ - $ - $ - $ - Machinery 9,800$ 26,800$ $ 15,592 $ - $ 11,208 $ - $ 26,800 Non-recurring -$ -$ $ - $ - $ - $ - $ - Unallocated -$ -$ $ - $ - $ - $ - $ - TOTAL $ 1,441,792 $ 1,458,792 $ 941,939 $ - $ 516,853 $ 267,382 $ 1,726,174 Salary/Benefits 525,612$ 525,612$ 12,290$ -$ 513,322$ 17,495$ 543,107$ M & O 916,180$ 933,180$ 929,650$ -$ 3,530$ 249,887$ 1,014,716$ Budget Adjustment Notes: $ 249,887 $ 17,495 $ 267,382 RECOMMENDED BUDGET BY ACCOUNT Increase maintenance contracts to cover remainder of Fulton County police services IGA. Increase in workers compensation budget Fiscal Year 2007 Budget Adjustment 7 PUBLIC SAFETY – FIRE & EMERGENCY SERVICES ACCOUNT DESCRIPTION APPROVED BUDGET DEPARTMENT AMENDED BUDGET YEAR TO DATE ACTUAL ENCUMBERED AMOUNT REMAINING BALANCE RECOMMENDED BUDGET ADJUSTMENT FINAL BUDGET Salary & Benefits - Fire 1,357,606$ 1,357,606$ $ 22,914 $ - $ 1,334,692 $ 6,840 $ 1,364,446 Professional Fees 500$ 500$ $ - $ - $ 500 $ - $ 500 Equipment R & M 2,500$ 2,500$ $ - $ - $ 2,500 $ - $ 2,500 Vehicles R & M -$ -$ $ - $ - $ - $ - $ - Facilities R & M 5,000$ 5,000$ $ - $ - $ 5,000 $ - $ 5,000 Communications 5,760$ 5,760$ $ 172 $ - $ 5,588 $ - $ 5,760 Advertising -$ -$ $ - $ - $ - $ - $ - Printing -$ -$ $ - $ - $ - $ - $ - Travel 2,250$ 2,250$ $ - $ - $ 2,250 $ - $ 2,250 Dues & Fees $ 3,350 3,350$ $ 1,150 $ - $ 2,200 $ - $ 3,350 Education & Training $ 4,000 4,000$ $ 1,651 $ - $ 2,349 $ - $ 4,000 Maintenance Contracts 1,188,000$ 1,188,000$ $ 1,130,715 $ - $ 57,285 $ 444,077 $ 1,632,077 General Supplies 18,500$ 18,500$ $ - $ - $ 18,500 $ - $ 18,500 Uniforms 120,400$ 127,745$ $ 127,745 $ - $ 0 $ - $ 127,745 Utilities -$ -$ $ - $ - $ - $ - $ - Food/Meals -$ -$ $ - $ - $ - $ - $ - Machinery 19,500$ 21,500$ $ - $ - $ 21,500 $ - $ 21,500 Non-recurring -$ -$ $ - $ - $ - $ - $ - Unallocated -$ -$ $ - $ - $ - $ - $ - TOTAL $ 2,727,366 $ 2,736,711 $ 1,284,347 $ - $ 1,452,364 $ 450,917 $ 3,187,628 Salary/Benefits 1,357,606$ 1,357,606$ 22,914$ -$ 1,334,692$ 6,840$ 1,364,446$ M & O 1,369,760$ 1,379,105$ 1,261,433$ -$ 117,672$ 444,077$ 1,823,182$ Budget Adjustment Notes: $ 444,077 $ (21,894) $ 28,734 $ 450,917 Increase in workers compensation budget RECOMMENDED BUDGET BY ACCOUNT Increase maintenance contracts to cover remainder of Fulton County fire services IGA. Decrease in sal/benefit account in order to fund grant match ACCOUNT DESCRIPTION APPROVED BUDGET DEPARTMENT AMENDED BUDGET YEAR TO DATE ACTUAL ENCUMBERED AMOUNT REMAINING BALANCE RECOMMENDED BUDGET ADJUSTMENT FINAL BUDGET Professional Fees $ 110,000 $ 110,000 $ 71,105 $ - $ 38,895 $ 40,000 $ 150,000 TOTAL $ 110,000 $ 110,000 $ 71,105 $ - $ 38,895 $ 40,000 $ 150,000 Budget Adjustment Notes: 40,000$ 40,000$ RECOMMENDED BUDGET BY ACCOUNT Increase in professional fees in order to pay estimated legal costs through the end of the fiscal year LEGAL Fiscal Year 2007 Budget Adjustment 8 ACCOUNT DESCRIPTION APPROVED BUDGET DEPARTMENT AMENDED BUDGET YEAR TO DATE ACTUAL ENCUMBERED AMOUNT REMAINING BALANCE RECOMMENDED BUDGET ADJUSTMENT FINAL BUDGET Liability - Umbrella $ 250,000 $ 50,000 $ - $ - $ 50,000 $ - $ 50,000 Liability - General $ 70,102 $ 70,102 $ 15,688 $ - $ 54,414 $ - $ 70,102 Liability - Law Enforcement $ 6,168 $ 6,168 $ 1,438 $ - $ 4,730 $ - $ 6,168 Liability - Public Officials $ 30,565 $ 30,565 $ 24,107 $ - $ 6,458 $ - $ 30,565 Liability - Automobile $ 29,700 $ 29,700 $ 8,209 $ - $ 21,491 $ - $ 29,700 Liability - Property and Equipment $ 2,105 $ 2,105 $ 384 $ - $ 1,721 $ - $ 2,105 Liability - Bond $ 360 $ 360 $ - $ - $ 360 $ - $ 360 Unallocated $ - $ 200,000 $ - $ - $ 200,000 $ (200,000) $ - TOTAL $ 389,000 $ 389,000 $ 49,826 $ - $ 339,174 $ (200,000) $ 189,000 Budget Adjustment Notes: $ (200,000) (200,000)$ RECOMMENDED BUDGET BY ACCOUNT Decrease unallocated account due to reduction in umbrella liability requirements in CH2M Hill Other Financing Uses Estimate Mid-Year Revision Proposed Final Budget Interfund Transfer Out - Capital Project Fund $ 150,000 $ 200,000 $ 350,000 Interfund Transfer Out - Capital Grants Fund $ - $ 21,894 $ 21,894 COPS Note Payment $ 86,500 $ (86,500) $ - Capital Lease Payment $ 262,785 $ (262,785) $ - TOTAL $ 499,285 $ (127,391) $ 371,894 RISK MANAGEMENT Other Financing Sources: Fiscal Year 2007 Budget Adjustment 9 Special Revenue Funds Special revenue funds are funds used to account for the collection and expenditure of revenue that is legally mandated for a specific purpose. This budget adjustment appropriates revenue and expenditure in special revenue funds as follows: CAPITAL PROJECT FUND SUMMARY: Revenue Appropriation: $ 3,290,657 Expenditure Appropriation: $ 3,290,657 Net Revenue (Expenditure) Requests: $ - The revenue decrease is a a reduction in the appropriation for landfill use fees based on the current collection trend. As an offset, the contingency appropration is decreased by the same amount. The revenue and expenditure increase are due to the re-classificaiton of the Compreshensive Land Use Plan project from the General Fund to the Capital Project Fund and the appropriation of both revenue proceeds and payments made from the capital lease for public safety equipment. Fiscal Year 2007 Budget Adjustment 10 CAPITAL GRANT FUND SUMMARY: Revenue Appropriation: $ 1,151,856 Expenditure Appropriation: $ 1,151,856 Net Revenue (Expenditure) Requests: $ - OPERATING GRANT FUND SUMMARY: Revenue Appropriation: $ 15,000 Expenditure Appropriation: $ 15,000 Net Revenue (Expenditure) Requests: $ - HOTEL/MOTEL FUND SUMMARY: Revenue Appropriation: $ 25,297 Expenditure Appropriation: $ 25,297 Net Revenue (Expenditure) Requests: $ - The revenue and expenditure increase are appropriations for the following grants: Assistance to Firefighters Grant - $437,892 Fireman's Fund Grant - $88,964 Legislative Grant - AED units - $45,000 Legislative Grant - Paving - $500,000 Legislative Grant - Restroom Renovation - $80,000 The revenue and expenditure increase are approprations for the following grants: Legislative Grant - Crabapple Master Plan Update - $15,000 The revenue and expenditure increase are approprations are the result of the re-classification of hotel/motel tax revenue into a special revenue fund and an interfund transfer of the revenue into the General Fund. The hotel/motel collection estimate has been increased based on current payment trends. Fiscal Year 2007 Budget Adjustment 11 General Fund Capital Projects Fund Operating Grants Fund Capital Grants Fund Hotel/Motel Fund Total Government Revenues: Property Taxes 6,868,142$ -$ -$ -$ -$ 6,868,142$ L.O.S.T 2,883,188 - - - - 2,883,188$ Alcohol Beverage Excise Tax 145,000 - - - - 145,000$ Business & Occupation Tax 600,000 - - - - 600,000$ Financial Institution Tax 25,000 - - - - 25,000$ Franchise Fees 823,000 50,000 - - - 873,000$ Hotel/Motel Tax - - - - 25,497 25,497$ Intangible Tax 201,000 - - - - 201,000$ Motor Vehicle Tax 336,911 - - - - 336,911$ Real Estate Transfer Tax 59,940 - - - - 59,940$ Licenses & Permits 286,327 - - - - 286,327$ Intergovernmental - - 15,000 1,040,998 - 1,055,998$ Charges for Service 262,332 200,000 - - - 462,332$ Fines & Forfeitures 416,000 - - - - 416,000$ Contributions & Donations - - - 88,964 - 88,964$ Miscellaneous 78,000 - - - - 78,000$ Interest 67,500 - - - - 67,500$ Subtotal: 13,052,340$ 250,000$ 15,000$ 1,129,962$ 25,497$ 14,472,799$ Other Financing Sources: Interfund Transfer In - General Fund -$ 350,000$ -$ 21,894$ -$ 371,894$ Interfund Transfer In - Hotel/Motel Fund 25,497 - - - - 25,497 Capital Lease Proceeds - 3,140,657 - - - 3,140,657 Total Other Financing Sources: 25,497$ 3,490,657$ -$ 21,894$ -$ 3,538,048$ Total Revenues: 13,077,837$ 3,740,657$ 15,000$ 1,151,856$ 25,497$ 18,010,847$ Expenditures: City Manager 548,777$ -$ -$ -$ -$ 548,777$ City Clerk 171,488 - - - - 171,488$ Community Development 927,624 200,000 15,000 - 1,142,624$ Community Services 1,729,440 284,739 580,000 - 2,594,179$ Legal Services 150,000 - - - - 150,000$ Mayor and Council 297,368 - - - - 297,368$ Municipal Court 329,521 - - - - 329,521$ Operations 2,086,793 - - - - 2,086,793$ Public Information 278,039 - - - - 278,039$ Public Safety 5,600,999 3,234,657 - 571,856 - 9,407,512$ Non-Departmental 189,000 - - - - 189,000$ Contingency 246,894 21,261 - - - 268,155$ Subtotal: 12,555,943$ 3,740,657$ 15,000$ 1,151,856$ -$ 17,463,456$ Other Financing Uses: Interfund Transfer Out - General Fund -$ -$ -$ -$ 25,497$ 25,497$ Interfund Transfer Out - Capital Project Fund 350,000 - - - - 350,000$ Interfund Transfer Out - Capital Grants Fund 21,894 - - - - 21,894$ Lease Payment - - - - - -$ Tax Anticipation Note Interest 150,000 150,000$ Bond Principal - Fire Station Debt - - - - - -$ Total Other Financing Uses: 521,894$ -$ -$ -$ 25,497$ 547,391$ Total Expenditures: 13,077,837$ 3,740,657$ 15,000$ 1,151,856$ 25,497$ 18,010,847$ FUND BALANCE -$ -$ -$ -$ -$ -$ City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 3DOD4 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 8, 2007 FROM: City Manager AGENDA ITEM: Approval a Right -of -Way Ordinance for the City of Milton MEETING DATE: Thursday, May 17, 2007 Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOTAPPROVED t CITY ATTORNEY APPROVAL REQUIRED,: YES (j NO CITY ATTORNEY REVIEW REQUIRED: YES { j NO APPROVAL B Y CITY ATTORNEY ()APPROVED {) NOT APPROVED PLACED ON AGENDA FOR: REMARKS: L City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 Page 1 of 1 To: Greg Wilson, Community Services Director From: Abbie Jones, PE Date: March 26, 2007 for submission onto the May 17, 2007 City Council meeting and the June 7, 2007 City Council Meeting. Agenda Item: Right-of-Way Ordinance Engineer Recommendation: The Staff recommends approval of the Right-of-Way Ordinance. We currently do not have one adopted. Background: A right-of-way ordinance is needed. Most cities have one and it makes it easier for staff to make uniform decisions over time. Discussion: The summary high points are as follows: • Definitions-several new ones were written for clarification • Construction Standards and Specifications-clarifies existing language • Prohibitions and uses-Updates Bicycle information to be correct with state laws • Traffic Impact Studies-New. Very few of these in the state. • Construction Details and Standards-References to the Online GDOT details plus updated listing of which details will be drawn with Milton logos. Alternatives: 1. Use this as a policy instead of an ordinance 2. Expand it further in the future Concurrent Review: City of Milton Tom Wilson, Community Development Mike Tuller, Community Development Chris Lagerbloom, Public Safety-Police Charles Millican, Public Safety-Fire Roddy Motes, Field Services Mark Scott, City Attorney ORDINANCE# _____ STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO ADOPT THE CITY OF MILTON RIGHT-OF-WAY ORDINANCE AS ATTACHED HERETO AND INCORPORATED HEREIN BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on __________________ at 7 p.m. as follows: SECTION 1. That the Ordinance to relating to right-of-way construction standards and specifications, prohibitions and uses, traffic impact studies, and construction standards and details is needed and benefits the safety and welfare of the general public; SECTION 2. This Ordinance is effective upon its adoption. SECTION 3. All other ordinances in conflict are repealed. ORDAINED this the ______of _____________, 2007 Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) Right-of-Way Ordinance Draft April 30, 2007 Community Services Department Table of Contents Table of Contents.........................................................................................................................0 Article 1: Definitions of Terms..................................................................................................1 Article 2: Traffic Control.............................................................................................................8 Article 3: Speed Limits..............................................................................................................10 Article 4: Truck Routes..............................................................................................................14 Article 5: Construction Standards and Specifications ........................................................17 Article 6: Prohibitions and Uses..............................................................................................24 Article 7: Street Numbers and Road Names .........................................................................29 Article 8: Traffic Impact Studies.............................................................................................30 Article 9: Construction Standards and Details.....................................................................35 Page 1 of 39 Article 1: Definitions of Terms ARC-Atlanta Regional Commission. This is the MPO for the City of Milton and the official holder of TIP monies given by the state. Alley: Narrow public or private street; More commonly, a way through the middle of a block giving access to the rear or properties. Bicycle Facilities: Bike lanes, Multi-Use Paths, trails, bike racks, and other related improvements. These are defined further in the Bike and Pedestrian Master Plan. Bimodal semitrailer means a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck by which it is partially supported during movement over the highway and designed either with retractable flanged wheels or to attach to a detachable flanged wheel assembly for movement on the rails. Capital Improvements: any work or materials applied to an existing asset that restores that asset or infrastructure to a “like new” condition, and/or improves the performance and/or reliability levels of the asset beyond the capabilities of the original installation, or performs a duty or service that was not previously. A capital improvement plan is commonly known as a CIP. CDBG-Community Development Block Grant Citation: ticket for infraction within City Codes and Ordinances. City Engineer: Transportation Engineer, or his or her designee. Commercial driveway: As used in this part, the term "commercial driveway" means any private entrance, exit, ramp, tunnel, bridge, side road, or other vehicular passageway to any property used for commercial purposes, except a farm or a dwelling house not exceeding a four-family capacity, and leading to or from any public road on the state highway system. Destinations: Stores, Restaurants, Schools, Banks, Offices, Other places of employment, Daycares, Residential Community Facilities(i.e. pools, tennis courts, club house), Hospitals or Health Facilities, Churches and other places of Worship, Recreation and Parks Facilities, privately owned recreation facilities, Entertainment Venues, Transit Facilities and other related locations. Driver means every person who drives or is in actual physical control of a vehicle. FHWA-Federal Highway Administration Functional Classification: a listing and map which identifies which roads are major arterial, minor arterial, and collector. GAB: Graded aggregate base (ie “Gravel”) GDOT-Georgia Dept. of Transportation GIS-Geographic Information System Governing authority means the Mayor and City Council of Milton, Georgia, and where delegated by the Mayor and Council, the City of Milton Police Department and/or any other city personnel. Page 2 of 39 GRTA-Greater Regional Transportation Authority Gross weight means the weight of a vehicle without load plus the weight of any load thereon. Motor vehicle means every vehicle that is self propelled. HOA-Homeowner’s Association IGA-Intergovernmental Agreement. Usually between two or more municipalities Inter-Connectivity: Ability to easily move between locations because of planning along designated routes. These alternative routes assist the transportation system in lessening the effects of “point loading.” Often private property development connections between adjacent properties may not occur concurrently because the parcels likely have different ownership (ie pieces to an overall puzzle may be built separately). City projects are required to have logical termini as that type of development will cross multiple parcels and be funded publicly. Reference City maps and reports: Transportation Master Plan and Bike and Pedestrian Master Plan. Internal Capture: Internal trips which are expressed as a rate of capture (percentage of trips that occurs within the site). Internal trips: Trips that are made within a multi-use or mixed-use development, by vehicle or by an alternate mode, such as walking. LARP-Local Assistance Resurfacing Program Level of Service (LOS): A quantitative and qualitative measure of how well traffic flows on a given street or highway. Level of Service relates to such factors as highway width, number of lanes, percentage of trucks, total traffic volume, turning movements, lateral clearances, grades, sight distance, capacity in relation to volume, travel speed and other factors which affect the quality of flow. Level of Service is typically summarized by letter grades described as follows: Highway Levels of Service per 15minute flow period and intended for application to segments of significant length per direction per Highway Capacity Manual 2000 Level "A" is nearly free flow conditions with low traffic volumes, high speeds and free-flow conditions. Passing demand is well below capacity. Drivers are delayed no more than 40 percent of their travel time by slow-moving vehicles. A maximum flow rate of 490 pc/h total in both directions may be achieved with base conditions. Speeds are at or above the posted speed limit may require strict enforcement. Level "B" is nearly free flow conditions with light traffic volumes, minor speed restrictions and stable flow. The demand for passing to maintain desired speeds becomes significant and approximates the lower boundary of the LOS B. Drivers are delayed in platoons up to 55 percent of the time. Service flow rates of 780pc/h total in both directions can be achieved under base conditions. Above this flow rate, the number of platoons increase dramatically. Speeds are still very near the posted speed limit. Level "C" is nearly free flow conditions, moderate traffic volumes, where speed and maneuvering are restricted to a limited degree by the amount of traffic. This results in noticeable increases in platoon formation, platoon size, and frequency of passing impediments. Although the flow is stable, it is susceptible to congestion due to turning traffic and slow-moving vehicles. Percent time-following may reach 70 percent. A service flow rate of up to 1190pc/h total in both directions can be accommodated under base conditions. Speeds are still near the posted speed limit. Page 3 of 39 Level "D" is a condition with heavy traffic operating at tolerable speeds and restricted maneuverability, although temporary slowdowns in flow may occur. The two opposing traffic streams befin to operate separately at higher volume levels, as passing becomes extremely difficult. Passing demand is high, but passing capacity approaches zero. Mean platoon sizes of 5 to 10 vehicles are common, although speeds of 40mph can still be maintained under bse conditions. Turning vehicles and roadside distractions cause major shock waves in the traffic stream. Motorists are delayed in platoons for nearly 85 percent of their travel time. Maximum service flow rates of 1830pc/h total in both directions can be maintained under base conditions. Level "E" is considered at capacity, a condition of very heavy flow, very little if any freedom to maneuver, and reasonably low speeds. Under Level "E" the traffic is unstable and short stoppage may occur. Traffic flow conditions have a percent time-spent following greater than 85 percent. Even under base flow conditions, speeds may drop below 40mph. Average travel speeds on highways with less than base conditions will be slower, even down to 25mph on sustained upgrades. Passing is virtually impossible at LOS E and platooning becomes intense, as slower vehicles or other interruptions are encountered. The higheste volume attainable under LOS E defines the capacity of the highway, generally 3200pc/h total in both directions. Operating conditions at capacity are unstable and difficult to predict. Traffic operations seldom reach near capacity on rural highways, primarily because of lack of demand. Level "F" is a condition of extremely heavy flow, with frequent stoppage, significant queuing at constricted points and very slow speeds. It is an unstable traffic condition under which traffic often comes to a complete halt. Volumes are lower than capacity and speeds are highly variable. Stop Controlled Intersection Levels of Service, per approach per Highway Capacity Manual 2000 Level "A" is average control delay of 0-10 seconds per vehicle (s/veh) Level "B" is average control delay of 10-15 seconds per vehicle (s/veh) Level "C" is average control delay of 15-25 seconds per vehicle (s/veh) Level "D" is average control delay of 25-35 seconds per vehicle (s/veh) Level "E" is average control delay of 35-50 seconds per vehicle (s/veh) Level "F" is average control delay of greater than 50 seconds per vehicle (s/veh) Signalized Intersection Levels of Service, per lane per approach per Highway Capacity Manual 2000 Level "A" is average control delay of 0-10 seconds per vehicle (s/veh) Level "B" is average control delay of 10-20 seconds per vehicle (s/veh) Level "C" is average control delay of 20-35 seconds per vehicle (s/veh) Level "D" is average control delay of 35-55 seconds per vehicle (s/veh) Level "E" is average control delay of 55-80 seconds per vehicle (s/veh) Level "F" is average control delay of greater than 80 seconds per vehicle (s/veh) LOU-Letter of Understanding Maintenance-work that is done regularly to keep equipment functioning properly or a neat, orderly appearance. Examples: potholes, resurfacing*, roadside trash pickup, signal /sign/striping repairs, parks, community buildings, grass cutting, shoulder repair, streetlight bulb replacement. Does NOT include: major damage due to auto crashes, natural disasters, equipment damaged during construction projects, private roads, or private entrance gates Mitigation: to cause to become less severe, to alleviate congestion. The LOS standards below shall be used for impact assessment and mitigation analysis. (Reference GRTA DRI Technical Guidelines) Major Arterials-LOS C Minor Arterials- LOS C Collectors and others-LOS C Page 4 of 39 MPO-Metropolitan Planning Organization (ARC is the ATL MPO) MOU-Memorandum of Understanding New trips: Total vehicle trips, minus pass-by trips, minus internal trips, if applicable. NOV: Notice of Violation Operator means any person who drives or is in actual physical control of a motor vehicle. Owner means a person, other than a lienholder or security interest holder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in or lien by another person but excludes a lessee under a lease not intended as security except as otherwise specifically provided in this title. Pass-by trips: Vehicle trips which are made by traffic already using the adjacent roadway and entering the site as an intermediate stop on the way to another destination. Peak hour: 7:00 a.m. to 8:00 a.m., or 8:00 a.m. to 9:00 a.m. or the highest four fifteen minute increments within such time period for the a.m. peak hour; 4:00 p.m. to 5:00 p.m., 5:00 p.m. to 6:00 p.m. or the highest four fifteen-minute increments within such a time period for the p.m. peak hour. Peak-hour trip generation study: A study by a qualified professional of one or more actual developments of similar land use and development characteristics which provides empirical data on the actual number of trips entering and exiting said development(s) during the a.m. and p.m. peak hour. A peak-hour trip generation study shall consist of a.m. and p.m. peak hour traffic counts by direction (entering and exiting) on at least three separate weekdays if the study is based on only one similar development, or at least one a.m. and p.m. traffic count for three different actual developments. The results of actual traffic counts from peak-hour trip generation studies may be adjusted to discount pass-by trips as provided in this Ordinance. Pedestrian Facilities: Sidewalk, Path, Multi-Use Path, Trail, benches, pedestrian only bridges, public right- of-way for walking, roller-blading, etc or other related improvements. These are further defined within the [future] Bike and Pedestrian Master Plan. Person means every natural person, firm, copartnership, association, or corporation. Pneumatic tire means every tire in which compressed air is designed to support the load. A vehicle shall be considered equipped with pneumatic tires when pneumatic tires are used on all wheels. Pole trailer means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. Police officer means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. Page 5 of 39 Private Streets are roadways constructed to Fulton County or City standards but owned and maintained by a private entity (typically a Homeowners Association). Necessary easements for ingress and egress for police, fire, emergency vehicles, and all operating utilities shall be provided. Should the City of Milton, ever be petitioned to assume ownership and maintenance of the private streets prior to formal dedication of their streets as public, they must be brought to acceptable City standards subject to the approval of the Director of Community Services. Private road or driveway means every way or place in private ownership and used for vehicular traffic by the owner and those having express or implied permission from the owner, but not by other persons. Public or private property means the right-of-way of any road or highway; any body of water or watercourse or the shores thereof; any park, playground, building, refuge or conservation or recreation area, and residential or farm properties, timberland or forest. Public Streets are rights-of-way used for access owned and maintained by the federal, state, or local government. Professionally accepted: Published by the Institute of Transportation Engineers, or prepared by a qualified professional under work supervised by the City, or prepared by a qualified professional; and accepted by the City Engineer. Qualified professional: For purposes of conducting traffic impact studies as may be required by this Ordinance, a qualified professional shall mean a registered professional engineer with experience in Traffic Engineering. For purposes of conducting peak hour trip generation studies, a qualified professional shall mean a registered professional engineer with experience in Traffic Engineering, or another professional approved by the City Engineer based on education and experience to conduct such trip generation studies. Qualified signal contractor: GDOT prequalified signal contractor who is familiar with our brands of cabinet equipment Qualified sign contractor: Determined by application. Applicant to submit resume or job experience and photos of past installations. Reserved Rights-of-Way: Potential right-of-way reserved for expansion or new right-of-way including but not limited to the calculation of total allowable density and the determination of building setbacks and buffers. In conjunction with the conveyance of any parcel affected by reserved right-of-way, the Developer shall retain the right to require the parcel owner to dedicate the reserved right of way to the City of Milton (at no cost or expense to the City of Milton) in the event that traffic demand warrants an expansion, the Transportation Master Plan shows such new location roadway, or is required as a condition of rezoning. Right-of-Way: the right to pass through property owned by another, as with a highway; to take precedence in traffic Roadway means that portion of a street, road, or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway" shall refer to any such roadway separately, but not to all such roadways collectively. School: an institution of learning for children or specialized higher education; land set apart to establish a school. Page 6 of 39 Semi-trailer means a detachable load-carrying unit designed to be attached to a coupling on the rear of a truck by which it is partially supported. Sidewalk means that portion of a street between the curb lines, or the lateral lines of a railway, and the adjacent property lines, intended for use by pedestrians. Stand or standing means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. STIP-State Transportation Improvement Plan Street Lights: Lights along a right-of-way. These may be public or private; however both are subject to City standards. Stop or stopping: (1) When required, means complete cessation from movement; or (2) When prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal. Subdivision: As used in this part, the term "subdivision" means all divisions of a tract or parcel of land into two or more lots, buildings, sites, or other divisions for the purpose, whether immediate or future, of sale, legacy, or building development; includes all division of land involving a new public road or a change in existing public roads or new drives, driveways, access ways, or changes that require access to the state right of way; includes resubdivision; and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, however, that the following are not included within this definition: a) The combination or recombination of portions of previsously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the municipality; and b) The division of land into parcels of five acres or more where no new street is involved. Tractor means any self-propelled vehicle designed for use as a traveling power plant or for drawing other vehicles but having no provision for carrying loads independently. Traffic Calming Policy: A Community Services Department policy and procedure for responding to citizen concerns regarding speed reduction. The policy discusses the required application, site visit by staff, technical assessment by staff, and response letters from staff. Traffic impact study: An analysis and assessment, conducted by a qualified professional, that assesses the effects that a discretionary development proposal’s traffic will have on the transportation network in a community or portion thereof. Traffic impact studies vary in their range of detail and complexity depending on the type, size and location of the proposed development. Trailer means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Transit Facilities: Bus stops, bus shelters, bus stations, park and ride parking lots, carpool and vanpool parking spaces, school bus stops, school bus parking yards, bus parking yards, bus only lanes, high occupancy vehicle lanes, commuter rail lines, rail stations, taxi waiting areas, airport shuttle waiting Page 7 of 39 areas, and other related improvements. These will be further described in the [future] Transportation Master Plan. Transportation Conformity: Transportation conformity is a way to ensure that Federal funding and approval goes to those transportation activities that are consistent with the air quality goals: to eliminate violations, reduce the frequency and severity of violations and reach attainment in a timely manner. Conformity applies to long-range transportation plans, shorter-term transportation improvement programs (TIPs) and transportation projects funded or approved by the Federal Highway Administration (FHWA) or the Federal Transit Administration (FTA). Conformity requirements apply in areas that either do not meet or previously have not met certain air quality standards. Trip: A single or one-directional travel movement with either the origin or destination of the trip inside the study site. (Institute of Transportation (ITE): Trip Generation). Since person-trips are sometimes used within an analysis, all “trips” in this Ordinance will be assumed to be vehicle movements and the phrase “person trips” will be used to differentiate between those two measures. Trip generation: An estimate of the number of vehicle trips that will be generated due to the new development, which is calculated based on the type and amount of land uses in the proposed development and professionally accepted trip generation rates for each such land use. Trip generation may be expressed on an average daily basis or average peak hour (a.m., p.m. or both). Truck means any motor vehicle having a gross weight of 18,000 pounds or over which is designed and used for the transportation of merchandise or freight. Truck camper means any structure designed, used or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office or commercial space. State law references: Definitions, motor vehicles and traffic, O.C.G.A. § 40-1-1. Page 8 of 39 Article 2: Traffic Control Section 1: Adoption of State and Federal Laws (a) For the purpose of regulating vehicles and traffic in the City, there is hereby adopted the following Federal regulations: (i) Parts 382, 383, 390, 391, 392, 393, 395, 396, and 397 of Title 49 of the U.S. Code of Federal Regulations, “The Commercial Motor Vehicle Safety Act of 1986;” and (ii) The Federal “Out of Service” Criteria as amended from time to time. These provisions are adopted as fully as if set out at length herein. (b) Adoption of state law by reference. (i) Pursuant to Chapter 6 of Title 40 of the Official Code of Georgia Annotated, Code Sections 40-6-372 through 40-6-376, Code Sections 40-6-1 through 40-6-395, known as the “Uniform Rules of the Road” and the definitions contained in Code Section 40-1-1 are hereby adopted as and for the traffic regulations of this Municipality with like effect as if recited herein. (ii) Penalties. Unless another penalty is expressly provided for by law, ever person convicted of any provision of this ordinance shall be punished as provided by Chapter One, Article 3, Section 1 of this Code of Ordinances. (iii) Effective date. This ordinance shall take effect from and after the 1st day of December, 2006. (c) Any ordinance and/or part of this Chapter of the Code of Milton, which specifically designates the speed limits on the public streets of the City and/or which designates one way streets, are not affected by the adoption of the “Uniform Rules of the Road.” (d) City streets shall be divided into at least three categories. Speed limits for those designated categories shall be set forth in an appendix to this Code of Ordinances. (e) The Police Department is hereby empowered and authorized to enforce all provisions of this Chapter upon all roads the City of Milton. Section 2: Temporary Traffic Regulations In cases where traffic upon the streets of the City may become congested upon occasions of parades, at theaters, and other public assemblages where large numbers of vehicles are assembled, the police may make temporary rules directing and regulating the traffic in these congested districts, and any person, who, after being warned of the temporary traffic regulations, shall violate them shall be liable for that violation as for other violations of this code. Section 3: Funeral Processions (a) A “Funeral Procession” is a group of vehicles traveling from a funeral home or similar business to a cemetery or other proper burial site. Funeral processions shall be lead by a funeral vehicle such as a hearse, and all cars in the procession shall burn regular headlights and stay in close formation. Page 9 of 39 (b) Vehicles of a funeral procession shall have the right-of-way over all vehicles, except authorized emergency vehicles, provided such vehicles shall identify themselves by burning regular headlights and shall keep in close formation. When the lead vehicle in a funeral procession has entered an intersection on a green light, all other cars in the procession may proceed through the intersection, even though such signal may change to red. Section 4: Speed Limits on Certain Streets and Approved Detection Devices Speed limits enumerated. The maximum speed limit on the public streets or parts of the public streets are set forth in an appendix to this Chapter and incorporated herein. Speed detection devices are authorized to be used on the streets listed in appendix A of this section. Exhibit A: (a) All law enforcement personnel of the City of Milton who are certified in the use of speed detection devices are authorized to use such devices, in accordance with all applicable laws and regulations, in the following locations as approved by the Georgia Department of Transportation and the Georgia Department of Public Safety: The locations on the list attached hereto as Exhibit “A” and incorporated by reference as if set forth here in full. (b) The City of Milton may add to or amend the list of locations as outlined in Section 4 from time to time pursuant to the statutes and regulations governing applications for permits to use speed detection devices in Georgia. Page 10 of 39 Article 3: Speed Limits (a) The following speed limits and zones shall apply to the streets, roads, and public thoroughfares within the City of Milton, in accordance with all applicable laws and regulations: The locations on the list attached hereto as Exhibit “A” and incorporated by reference as if set forth here in full. (b) The City of Milton may add to or amend the list of locations as outlined in Article 5 from time to time pursuant to the statutes and regulations governing the establishment or alteration of speed limits and zones in Georgia. EXHIBIT “A” OFF SYSTEM ROAD NAME FROM TO LENGTH IN MI. SPEED LIMIT Alpha Woods Drive Thompson Road Thomas Creek Court 0.28 25 Arabian Avenue New Providence Road Dead end 0.66 25 Avensong Crossing Deerfield Parkway Dead end 0.29 25 Avensong Ives Way Serenade Court Avensong Village Circle 0.27 25 Avensong Village Circle Avensong Ives Way Dead end 0.63 25 Batesville Road Birmingham Highway Cherokee County Line 1.3 45 Bay Colt Road Dead end Dead end 0.61 25 Belleterre Drive Bethany Road Dead end 0.64 35 Bethany Bend Hopewell Road Morris Road 2.97 45 Bethany Church Road Bethany Road Dead end 0.53 25 Bethany Road Mayfield Road Haygood Road 1.5 45 Bethany Way Haygood Road Hopewell Road 0.7 45 Birmingham Road Birmingham Highway Hopewell Road 2.7 45 Broadwell Road Crabapple Road Rucker Road 0.7 35 Brookshade Parkway Hopewell Road Oakhurst Leaf Drive 0.42 25 Cogburn Road Cumming Highway Hopewell Road 3.7 45 Cowart Road Summit Road Providence Road 0.45 25 Creek Club Drive S.R. 9 (Cumming Highway) Francis Road 1.35 25 Deerfield Parkway Cumming Highway Windward Parkway 1.65 35 Dinsmore Road Freemanville Road Thompson Road 1.6 35 Dorris Road Providence Road Birmingham Highway 1.4 35 Page 11 of 39 Double Springs Way Thompson Springs Drive Dead end 0.34 25 Drummond Pond Road North Valleyfield Road Dead end 0.38 25 East Bluff Road Thompson Road Dead end 1.12 25 Francis Road Cogburn Road Forsyth County Line 1.6 45 Freemanville Road Mayfield Road Mountain Road 6.7 45 Freemanwood Lane Freemanwood Road Dead end 0.4 25 Glen Hampton Drive White Columns Drive Dead end 0.36 25 Green Road Arnold Mill Road Crabapple Road 0.5 45 Hamby Road Hopewell Road Forsyth County Line 1.3 45 Hampton Bluff Drive White Columns Drive Dead end 0.39 25 Henderson Heights Drive Henderson Road Dead end 0.36 25 Henderson Road Freemanville Road Birmingham Road 1.4 35 Hickory Flat Road Birmingham Highway Cherokee County Line 1.7 45 Holly Road (SR 140) Arnold Mill Road Dead end 0.3 25 Hopewell Plantation Drive Hopewell Road Cogburn Road 1.5 25 Hopewell Road Francis Road Phillips Drive 7.7 45 Landrum Road Senoia Road Bohannon Road 0.5 35 Laurel Grove Drive Dinsmore Road Dead end 0.41 25 Longstreet Road Hopewell Road Longstreet Church Road 1.1 35 Mayfield Road Mid-Broadwell Road Freemanville Road 0.7 45 McGinnis Ferry Road Morris Road Georgia 400 0.6 45 Mid-Broadwell Road Crabapple Road Charlotte Drive 0.35 40 Morris Road Deerfield Parkway McGinnis Ferry Road 1.38 35 Mountain Road Hopewell Road Freemanville Road 1.7 35 New Bullpen Road Birmingham Highway Cherokee County Line 0.82 35 New Providence Road Birmingham Highway Arnold Mill Road 3.5 45 New Providence Road ***School Zone*** for Mill Springs Academy 1035 feet east of Providence Lake Point Providence Lake Point 0.2 25 North Brookshade Parkway Brookshade Parkway Dead end 0.32 25 North Valley Trail Dinsmore Road Dead end 0.85 25 North Valleyfield Road Dinsmore Road East Bluff Road 0.3 25 Page 12 of 39 Northwood Avenue Henderson Road Dead end 0.62 25 Oakhurst Leaf Drive Dead end Dead end 0.69 25 Oakstone Glen Cogburn Road Dead end 0.31 25 Owens Farm Road Birmingham Highway Old Cedar Lane 0.41 25 Phillips Road Hopewell Road Mountain Road 0.6 35 Pony Tail Road Five Acre Road Dead end 0.3 25 Providence Lake Drive New Providence Road Dead end 0.98 25 Providence Oaks Street Providence Road Dead end 0.45 25 Providence Park Drive Providence Road Dead end 0.41 25 Providence Place Drive Providence Road Dead end 0.45 25 Providence Road 1000 feet north of Lantern Ridge Drive S.R. 372 (Birmingham Road) 2.8 45 Providence Road ***School Zone*** for Summit Hill Elementary School 2000 feet west of Cowart Road 175 feet east of Cowart Road 0.47 25 Ranchette Road Arnold Mill Road Providence Road 0.62 40 Redd Road Hopewell Road Freemanville Road 1.2 45 Sable Point Drive Henderson Road Dead end 0.26 25 Stonebrook Farms Drive Thompson Road Dead end 0.33 25 Sweetbrier Drive Belleterre Drive Belleterre Drive 0.25 25 Taylor Road Batesville Road Birmingham Highway 1.4 45 Thompson Road Hopewell Road Redd Road 2.4 45 Thompson Road Hopewell Road Francis Road 1.7 45 Thompson Springs Drive Thompson Road Dead end 0.36 25 Webb Road Windward Parkway Dead end 1.32 35 Wyndham Farms Drive Cogburn Road Dead end 0.47 25 Page 13 of 39 ON-SYSTEM STATE ROUTE WITHIN THE CITY/ TOWN and/or School Name FROM MILE POINT TO MILE POINT LENGTH IN MI. SPEED LIMIT S.R. 9 Windward Parkway (N. Alpharetta city limits) 27.04 Forsyth County line 30.1 3.06 45 S.R. 140 Cherokee County line 0 0.15 mi. south of Green Road 3.01 3.01 45 S.R. 140 0.15 mi. south of Green Road 3.01 A point 0.22 mi. north of Saddle Creek Drive (W. Roswell city limits) 4.06 1.05 35 S.R. 372 S.R. 140 0 0.03 mi. north of Green Road 0.57 0.57 35 S.R. 372 0.03 mi. north of Green Road 0.57 Cherokee County line 8.89 8.32 45 S.R. 372 **** School Zone **** Crabapple Crossing Elementary School and Northwestern Middle School A point 0.39 mi. south of Kensington Farms Drive 1.33 A point 0.18 mi. north of Kensington Farms Drive 1.9 0.57 25 Page 14 of 39 Article 4: Truck Routes Section 1: Enactment authority The Mayor and City Council of Milton, Georgia, under the authority of Article 9, Section 2, Paragraph II (Home Rule For Municipalities) and Article 9, Section 2, paragraph III (Supplementary Powers) of the 1983 Constitution of the State of Georgia, as amended, hereby ordain and enact into law this article. State law references: Powers of cities over street systems, O.C.G.A. § 32-4-90 et seq.; dimensions and weight of vehicles and loads, O.C.G.A. § 32-6-20 et seq.; ordinances for governing and policing municipalities, O.C.G.A. § 36-35-3; police powers of local authorities over streets, O.C.G.A. § 40-6-371(1) and (13). Section 2: Purpose The Governing Authority of the City of Milton, Georgia, is authorized to adopt ordinances for the governing and policing of areas within the city limits for the purpose of protecting the public health safety and welfare. Specifically, the governing authority may provide for the regulation and control of motorized vehicles on the streets of the city; plan, designate, improve, manage, control and maintain an adequate city roadway system; and determine the maximum load, weight and vehicle dimensions which can be safely transported over each bridge on the city roadway system. Accordingly, the Mayor and City Council hereby enact the following provisions in an effort to regulate and control motorized vehicles within the city limits for the purpose of protecting and preserving the public health, safety, and welfare of the citizens; to thereby curb the usage of certain residential streets in the city by trucks as cut through routes, and to discourage the parking of such vehicles on these streets and public right of ways. Section 3: Restrictive vehicles required to use truck routes; exceptions All trucks are prohibited from using roadways within the city limits of Milton, except those roadways authorized by this article as truck routes, including any amendments hereof, or as may be further designated by the governing authority as truck routes, except when: (1) The terminal, parking lot, repair garage, or headquarters of the restricted motor vehicle is not a designated truck route, ingress to and egress from those places shall be made by the most direct route available between the terminal, parking lot, repair garage or headquarters and nearest designated truck route; (2) A delivery or pickup is to be made at a location which is not on a designated truck route; ingress to and egress from that location shall be made by the most direct route available between that location and the nearest designated truck route; (3) A delivery or pickup is to be made by a truck, road tractor, combination road tractor-trailer within any area which is not on a designated truck route; such delivery or pickup shall only be made between the hours of 7:00 a.m. and 7:00 p.m. Section 4: Truck routes; posted regulatory signs A list and map of approved truck routes shall be kept on file with the Milton Public Safety Department and the City Clerk. The list of truck routes may be revised as deemed necessary by the Milton Public Safety Department with the approval of the governing authority, with the entire list requiring renewal by the governing authority biannually. All listed routes will be further identified by posted regulatory signs. State law references: No violation of ordinance unless regulatory sign is posted on roadway, O.C.G.A. § 40-6-371(c). Page 15 of 39 Section 5: Use of temporary truck routes by restricted vehicles If a designated truck route, or any portion thereof, shall be under repair or otherwise temporary out of use, restricted vehicles, as defined in this article, shall use other temporary truck routes as may be designated by the governing authority and further identified by the posting of the regulatory traffic control sign. Section 6: Evidence required for restricted vehicle to be off truck route When upon roadways other than those designated as truck routes, any person driving or in charge or control of any of the motor vehicles restricted by this Article shall be prepared to present for inspection of police officers his log book, weight slips, delivery slips or other written evidence of his or her destination and point of origin to justify the presence of the restricted vehicle on a roadway other than a designated truck route. Section 7: Weight of vehicle and loads No vehicle shall be operated on any roadway within the city limits of Milton, Georgia, designated as a truck route, with a total gross weight in excess of 56,000 pounds unless the vehicle is making a pickup or delivery on such road. The maximum gross weight of any vehicle operating on any roadway within the city limits of Milton, Georgia, shall not exceed 80,000 pounds. State law references: Weight of vehicles and loads on county roadways, O.C.G.A. § 32-6-26(f). Section 8: Weight limitations on streets, bridges and culverts (a) It shall be unlawful to operate any motor vehicle on any street within the city limits of Milton, Georgia, where the weight of such motor vehicle, with or without load, is in excess of the weight as limited by this Article and where signs indicating such limitations are posted. Further, it shall be unlawful to drive any motor vehicle over a bridge or culvert within the city limits of Milton, Georgia, over the weight capacity shown on said bridge and/or culvert. (b) The driver and/or owner shall be liable to the city for any and all damages caused by driving an overweight motor vehicle over any street, bridge and/or culvert with a posted sign. These damages are in addition to any fine or punishment that may be assessed for violation of this article. State law references: Enforcement of load limits, O.C.G.A. § 32-6-27. Section 9: Enforcement of weight and load limitations (a) Any person who violates the load limitations provisions of this article shall be conclusively presumed to have damaged the public roads, including bridges within the city limits by reason of such overloading and shall, in addition to any other penalty at law, recompensed the city for such damages in accordance with O.C.G.A. § 32-6-27, as same may be amended. (b) Any owner or operator of a vehicle which is operated on the public roads within the city limits of Milton, Georgia, in violation of the weight limits provided in this article shall be required, in addition to paying the monies provided in subsection (a) of this section, to unload all gross weight in excess of 6000 pounds over the legal weight limit before being allowed to move the vehicle. (c) Any person authorized by state law and this Article to enforce this Article may seize the offending vehicle of an owner who fails or whose operator has failed to pay the monies proscribed in subsection (a) of O.C.G.A. § 32-6-27 and hold such vehicle until the proscribed moneys are paid. Any authorized person Page 16 of 39 seizing such vehicle under this subsection or subsection (b) of this section may, when necessary, store the vehicle, and the owner thereof shall be responsible for all reasonable storage charges thereon. When any vehicle is seized, held, unloaded or partially unloaded under this section, the load or any part thereof shall be removed or cared for by the owner or operator of the vehicle without any liability on the part of the authorized person or the city because of damage to or loss of such load or any part thereof. State law references: Enforcement of city ordinances, O.C.G.A. § 36-35-3; enforcement of load limits, O.C.G.A. § 32-6-27. Section 13: Penalties; enforcement generally (a) Any person who violates this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not more than $1,000.00 or no more than 60 days in jail or both for each occurrence; and each occurrence shall be deemed a separate offense. (b) Unless otherwise specifically provided by resolution of the Mayor and City Council, the enforcement of this article shall be within the jurisdiction of the city's police department and any other city officer authorized by the State of Georgia to make misdemeanor criminal arrests. Persons designated by the governing authority are hereby authorized to issue citations or summons or both, charging violations under this article, returnable to a court or courts having jurisdiction over state traffic offenses or other courts having jurisdiction over violations of city ordinances. (c) For purposes of enforcing the provisions of this article, any City of Milton, Georgia, court or courts having jurisdiction over state traffic offenses or other courts having jurisdiction over violations of city ordinances shall be entitled to take such action to ensure compliance, and the person convicted shall reimburse the city for any cost or expense associated with such compliance efforts, and the city shall be entitled to place a lien on the property or require a bond from the person to secure payment and reimbursement for these expenses. State law references: Court with jurisdiction for violating city ordinances dealing with traffic offenses, O.C.G.A. § 36-32-1. Page 17 of 39 Article 5: Construction Standards and Specifications Where differences appear between this Ordinance and the Subdivision Ordinance, adopted on December 21, 2006 this document shall take precedence. It is intended that the Subdivision Ordinance will be updated in the near future. Section 1: Repairs and Maintenance The City of Milton Community Services Department shall be authorized to repair or maintain or contract with third parties for the repair or maintenance of all public rights-of-way within the City. Repair and maintenance includes the removal of foliage, debris, or any other obstruction that blocks clear vision or obstructs pedestrian traffic. The City may delegate by contract the duties of the Community Services Department to a third party. (a) Public rights-of-way and private rights-of-way shall be held to the same standards though responsibility and ownership is private. (b) Maintenance of rights-of-way shall be described in a Right-of-Way Maintenance Schedule maintained and overseen by the Community Services Department. (c) Median maintenance- a. Standard: Grass shall be mowed and trees trimmed on an annual basis. b. Requests: HOA’s or businesses, or other entities may request permission and permit to beautify median or other designated limits within rights-of-way. The group’s plant selection and planting must be presented during application to Community Services and Community Development for approval. Next, the group members or their landscape contractors must participate in a safety training session at the City. Finally, the median areas may be given additional landscaping installation and maintenance. Such installations will not become regular maintenance items of the City should the group disband or discontinue participation in this annual program. Section 2: Permit Required. (a) City permits shall be in accordance to Georgia state law, Chapter 32. (b) No person or company shall perform construction work in the street right-of-way without a Right-of-Way Encroachment permit issued by the City and, if necessary the Georgia Department of Transportation. Such permit shall be posted at the construction site at all times. Such construction must conform to the construction/ maintenance guidelines and specifications of the City of Milton and/or the Georgia Department of Transportation. The Community Services Department shall be authorized to oversee and manage the Right-of Way Encroachment Permit. (c) No person or company shall construct a drive or entrance to any public road without a permit from the City, and if necessary the Georgia Department of Transportation. (d) It shall be unlawful for any person to construct any permanent feature such as an irrigation system, sign or fence in the public right-of-way without a permit from the City, and if necessary from the Georgia Department of Transportation. Section 3: Permit Procedure. Page 18 of 39 (a) Any permit to the City shall indicate in writing the following: (i) All proposed repair, work, maintenance, or alteration to existing City sidewalks or streets, including when possible, proposed measurements and plats of any repair, alteration, or maintenance. This shall include but is not limited to: tree trimming in the right-of-way, utility work in the right-of-way, open street cuts, shoulder construction, street bores, road closures, new development roads or driveways, or new lanes. (ii) Compliance with applicable local, state, and federal laws. (b) Permits for work within the rights-of-way established as State Routes shall be also to the Georgia Department of Transportation, District Seven. (c) The City is authorized to establish additional guidelines and policy for applying for permits. Said guidelines shall be consistent with this Code and must be approved by the City Manager. Section 4: Construction Road Signage and Warnings. (a) Each person or company to whom a permit has been issued to perform construction work in rights-of-way shall place appropriate traffic devices and signage as dictated by the current edition of the Manual on Uniform Traffic Control Devices. (b) It is unlawful for any person, firm, or corporation who obtains a permit under this Chapter to do any excavation of any kind which may create or cause a dangerous condition in or near any street (public or private), alley (public or private), sidewalk, or public place of the City without placing and maintaining proper guard rails and signal lights or other warnings at, in or around the same, sufficient to warn the public of the excavation or work, and to protect all persons using reasonable care from injuries. All work in rights-of-way must be conducted in a manner that is consistent with the Manual on Uniform Traffic Control Devices (MUTCD), latest edition, the City of Milton Right-of-Way Encroachment Permit, and Occupational Safety and Health Administration (OSHA) standards including trenching. (c) Road signage within rights-of-way shall be decided by Policy within the Community Services Department, except where the jurisdiction along State Routes shall be the Georgia Department of Transportation is required by state law. (d) Detours and road closures shall have Georgia Department of Transportation certified Flaggers or off-duty police officers. Section 5: Repair after Excavation. (a) When any part of any street, alley, or other property of the City shall be torn or dug up for any purpose, the person or company performing such construction work shall promptly restore the street, sidewalk, and landscaping to a condition as good as or better condition than before the construction commenced. (b) The City will conduct a final inspection known as a Punchlist to insure that the street, sidewalk, or public way is restored to a condition as good in all respects as before the excavation or work was made or done, and that all debris, materials, tools, and equipment are removed. Page 19 of 39 (c) Steel plates are not an acceptable method of temporary restoration of lanes during roadwork unless specifically permitted. Only if the open cut can not be restored prior to weekend or holiday, shall steel plates be installed with pegs and coldpatch for no longer than 72 hours at the discretion of Community Services, until work resumes. Though covered by a plate, each open cut must be completely filled with #57 stone. Violators will be subject to a $1000 fine per instance and location. Fines shall be calculated by calendar day and each calendar day shall receive such fine. In this way, bores under roadways are strongly encouraged. Section 6: Creation of Roads. The City Engineer or his designate shall approve the design and construction for any new roads within the City of Milton. a) Creation of new roads shall conform to all rules set in Georgia state law, Chapter 32. b) Functional classifications as defined in the “Definitions of Terms” c) The standard construction specifications shall be the online document, The GDOT Source: http://tomcat2.dot.state.ga.us/thesource/specs/index.html . The English system of measurement shall be used. d) Enforcement shall be by engineering testing on all new public or private rights-of-way prior to Final Plat approval or Certificate of Occupancy whichever is appropriate. e) Engineering Testing Guidelines (i) Road Cores and reports are required per GDOT Specifications. Asphalt or concrete design mix will be verified by this. Field engineer with testing company shall choose locations in cooperation with City Construction Inspector. 1. A minimum of one road core per turn lane installation 2. A minimum of one road core per 250 linear feet of new road or road that is being overlaid. 3. Additional locations may be required as necessary (ii) Compaction Testing per GDOT Specifications (density and proctor) on GAB. This will also include the proof roll with the City Construction Inspector on site. 1. A minimum of one test per turn lane installation 2. A minimum of one test per 250 linear feet of new road (iii) Subbase Compaction Testing per GDOT Specifications (density and proctor). This will occur just prior to GAB installation. 3. A minimum of one test per turn lane installation 4. A minimum of one test per 250 linear feet of new road Section 7: Creation of Sidewalks, Paths, and Trails Sidewalks, paths, and trails shall be installed as follows: (a) All owners, developers, or occupiers of parcels of land where a development permit or building permit is issued shall be required to provide a sidewalk, path, or trail consistent with the Bike and Pedestrian Master Plan. 1) Urban typical sections are determined by the existence of curb identifying Urban. Urban areas shall have sidewalks, multiuse paths, and possibly bike lanes. These routes are generally parallel to the rights-of-way. Page 20 of 39 2) Rural areas shall have multiuse paths or trails and will generally be constructed of materials such as gravel, wood chips, or similar items. These routes are not required to be parallel to the rights-of-way. 3) Such sidewalk, path, or trails shall conform to the AASHTO and applicable ADA requirements and to all applicable overlay district guidelines and standards. 4) The Bike and Pedestrian Master Plan and report will provide further explanation on these routes and their design. (b) In cases where a development permit or building permit is sought on tract(s) of land proposed for single family development: (i) Less than 100 lots, the City shall authorize pedestrian facility installation along one side of proposed public or private rights-of-way except where the City determines pedestrian facilities are necessary for safety or public convenience on both sides of the road. The City may allow pedestrian facilities to be developed on both sides of the road where the developer or property owner requests pedestrian facilities to be constructed on both sides of the road. The City may also allow alternative routes connecting many adjacent destinations in coordination with the future Bike and Pedestrian Master Plan. (ii) Over 100 lots, the City shall require pedestrian facilities on both sides of any public or private right-of-way. Subsequently, the development permit shall indicate proposed construction of pedestrian facilities along the entire road frontage on the designated sides of all proposed streets or along alternative routes connecting many adjacent destinations in coordination with the [future] Bike and Pedestrian Master Plan. (iii) The sidewalk shall be installed and the construction accepted by the City prior to a Certificate of Occupancy being issued for any building or structure for any lot or project on the designated sidewalk side of the roadway. (c) In the case of non-single family development, sidewalks shall be required to be represented on design plans and development plans and installed in accordance with such plans along the total property frontage on public streets as required by the City. (d) In the event of private roadways in non-single family developments, sidewalks shall be installed as required by the Design Review Board and approved by the City. (e) Where the City determines the topography of the road frontage is such that a special hardship exists on the property, they may authorize a payment to the City of Milton in lieu of the required installation of the sidewalk. Criteria shall be established for all such approved hardships by the City to determine how the amount of payment will be calculated. Such criteria to determine the method of calculating such payment shall be approved by the Community Development Director and/or City Engineer. (f) Where trees exist or other conditions exist, the City may require the sidewalks to meander in the right of way or into the lot where the permit is being sought. The City encourages all sidewalks to meander where conditions allow such to occur. Should the sidewalk meander out of the right-of- way, a sidewalk easement will be required. (g) The City shall require the sidewalk to be installed at least 2 feet from the back of curb along the road unless the City determines a practical difficulty exists or an Overlay District requires an additional setback. Where the City has determined a practical difficulty exists, the sidewalk shall be installed no closer than the back of the curb. Rural paths and trails shall be located outside of the clear zone and not immediately adjacent to the edge of pavement. Paths and trails outside of the right-of-way will require a bike and pedestrian easement. Page 21 of 39 (h) Exceptions. This section shall not apply to any lot or parcel for which a development permit or building permit is issued but where the City determines that the permit is for an accessory use or structure to the principal use or structure or for minor repairs or additions to the principal building or structure in existence. Such determination will be made by the Community Development department. (i) Sidewalk Bank. Along public roads where a project was permitted prior to the creation of Milton, and the location is determined to be a rural typical section area, the City may accept payment in lieu of the actual installation of the required sidewalk where the acceptance of funds would be appropriate. Any payment in lieu of the installation of the required sidewalk shall be in an amount determined by the Community Development department. The funds received shall be deposited in an account of the City and restricted to use for the installation of sidewalks. As part of this substitution, a two (2) foot paved rural shoulder is required in place of sidewalk, curb, and gutter. (j) The installation of required sidewalk, paths, or trails shall be completed prior to a Certificate of Occupancy being issued for the building or structure on the affected parcel. Section 8: Existing Sidewalks. (a) For any land or building development where sidewalks are required as outlined in Section 7 of this Article, and there is an existing sidewalk along the road or street frontage, an inspection of the sidewalk shall be made by the City. If the inspection shows the sidewalk is deficient or does not exist along the entire frontage, the owner must construct or repair the sidewalk to current design specifications including material revisions, such as concrete to brick, as required by the City. (b) The property owner shall be required to maintain the sidewalk along the entire lot frontage by maintaining the grass or landscaping installed between the sidewalk and the edge or curb of the roadway. (c) No person shall be permitted to erect any drain, gutter, downspout, valley, flat, or sloping roof of any character that will in any manner drain or shed water on any sidewalk of this City. Section 9: Regulatory, Warning, and Guide Signs. (a) Pole Mounted Regulatory, Warning, and Guide Signs (i) Standards a. Public-Signs shall be mounted on a standard galvanized breakaway square pole type by the Community Services Department. All street name sign (sns) blades must be 0.080 gauge aluminum and 6 inches high by 36 inches wide with 4 inch letters. The name of the road will determine the necessary width of the blade. All street name signs (sns) shall be mounted on the same pole as stop sign where practical. All public street name signs shall have white high intensity (HI) 4 inch or 6 inch letters with green high intensity backgrounds. Dead end roads shall have end marks in high intensity (HI) yellow. This section shall also apply to Overlay Districts. A single installation by the property owner of all required signs is required prior to final plat. b. Private-Signs shall be mounted on a standard galvanized breakaway square pole type by a contractor qualified to perform this work and permitted for this project Page 22 of 39 using the Right-of-Way Permit. All external street name signs must be 0.080 gauge aluminum and whereas the speed limits is greater than 25mph, must be 9inches high by 36 inches wide. (The 36 inch dimension is flexible however, to include 24, 30, 42, or 48 inch widths). All street name signs shall be mounted on the same pole as stop sign where practical. All private street name signs shall high white high intensity (HI) 4inch or 6inch letters with blue (HI) backgrounds. Dead end roads shall have end marks in high intensity (HI) yellow. (ii) Requests-If a request is made for decorative sign poles, the neighborhood must submit a formal traffic control signage plan showing the recommended placement, size, type of pole, and type of sign to be installed. This is more than a sign shop detail page. City Engineer or his/her designee will evaluate the request with final comments. All signs and poles must meet the requirements set forth in the Manual on Uniform Traffic Control Devices (MUTCD). www.mutcd.fhwa.dot.gov. If decorative sign poles are approved, only a qualified sign contractor is allowed to install the devices, not the homeowners. If decorative sign poles are used, there must be a signed and recorded agreement from the homeowners association stating that they will be responsible for maintaining the decorative poles. If a decorative pole is damaged, the Community Services Department will install a standard pole and standard sign if located on a public street. If the decorative pole is replaced, the contractor must contact the Community Services Department for the City to retrieve the standard pole if located on a public street. The length of the sign pole must be high enough to allow for vertical clearance of the signs mounted. If only one sign is used then the vertical clearance must be 7feet to the bottom of the sign to the grade. If two signs are mounted to the pole, there must be 6feet to the bottom of the sign to the grade. There will be no cost to the City associated with the installation or maintenance of decorative poles. (b) Overhead Warning, Regulatory, and Guide Signs (i) Standards-Overhead signage is required at all signalized intersections. Signage shall comply with current MUTCD and GDOT standards. Signage must have brown high intensity (HI) sheeting with the official Milton horse logo in white high intensity located on the left edge of the sign. City Communications Director shall approve the first such logo. Signs will be exchanged to new City standards from Fulton County standards when a Capital Improvement project occurs at that location, and as new traffic signals come online. (ii) Requests-Requests for lighting at intersections to better see overhead signs or for other related overhead signage concerns shall be to the Community Services Department. (c) Mast Arms for Traffic Signals (i) Standards-Mast arms when used shall be GDOT standard galvanized steel not of a decorative nature. Decorative mast arms will be reserved for Overlay Districts and consistent with design standards as outlined in the Overlay Districts. Mast arms placement and maximum size will be determined by appropriate codes. The Community Services Department shall select a readily available and cost effective uniform decorative mast arm design that will be approved for each special overlay district by the Design Review Board with guidance from the Community Development Department. Page 23 of 39 (ii) Requests-Requests for decorative mast arms by citizens, businesses, and City Boards and Commissions shall be directed to the Community Services Department. If decorative mast arms are approved, only a qualified signal contractor is allowed to install the devices, not the homeowners, businesses or other contactors and the City Field Supervisor must be present during installation. If decorative mast arms are used, there must be a signed and recorded agreement from the homeowners association or other entity stating that they will be responsible for maintaining the decorative mast arms (i.e. by having a qualified signal contractor paint the mast arm approximately every 5 years). If a decorative mast arm is damaged, the Community Services Department will install a decorative mast and bill the responsible party when the cost estimate is prepared. (d) City Street Lights (i) Standards-City street lights, decorative, period lighting, and parkway lighting shall be products readily available through the local power service providers. The Community Services Department shall select a readily available and cost effective uniform city standard for each listed type of street lighting that will be approved by the Design Review Board with guidance from the Community Development Department. The City shall repair, maintain, and pay utility bills for street lights on public rights-of-way. The Homeowners Association or private business shall repair, maintain, and pay utility bills for street lights on their respective private rights-of-way. Other types of landowners with private lighting are likewise required to pay for utility bills on their respective properties. (ii) Requests-Requests for street lighting by citizens or businesses, City Boards and Commissions shall be directed to the Community Services Department. Should such application show that street lighting would provide a marked traffic safety difference, such request will be added to the Capital Improvement Plan at either the annual or midyear listing. Should such application show that street lighting be a non- transportation safety project, the application will be denied and placed on the Long Range list for Capital Improvement Projects. Should the denied applicant desire to move this forward more quickly, the applicant can pay 100 percent of the cost of materials and installations by a qualified utility contractor or the electrical utility company directly, the City would accept the street lights as a gift in kind and thus repair, maintain, and pay utility bills for such street lights on public rights-of-way. (iii) Removal-Requests for removal of street lighting by citizens within a Subdivision considered Rural on the City of Milton Future Land Use Plan may be considered through an application for removal of streetlights as defined in the Community Service Policies. Page 24 of 39 Article 6: Prohibitions and Uses Section 1: Obstruction of Right-of-Way (a) No person shall place or cause to place in any right-of-way: debris, rubbish, irrigation water, boxes, displays, signs, poles, goods, merchandise, or any other object so as to impede and/or endanger traffic on streets and/or sidewalks. (b) No person or company shall construct or maintain a drive, yard, or lot constructed of gravel, pebbles, or stone in such a manner that vehicles cause loose stones, pebbles or gravel to be thrown on to the adjacent street and/or sidewalk. (c) Any personal property placed on the right-of-way following an eviction notice shall be removed within twenty-four (24) hours of physical eviction unless an extension of time is requested on behalf of the evicted tenant. For purposes of this ordinance such property is deemed abandoned property twenty-four (24) hours following eviction unless the landlord by contract specifies a shorter time. If the property is not removed within twenty-four (24) hours, the City may commence removal and cite the property owner. The penalty assessed shall be one hundred twenty-five percent (125%) of the cost the City incurs in removing the property. Section 2: Location within the Right-of-Way (a) A Right-of-Way and Utility Encroachment Permit is required for all activities within the right-of- way including but not limited to: construction, installing, repair or replacing pipe, conduit, cable or other facilities vital to the function of the utility or construction site referenced for the flow of traffic (vehicles and pedestrians) (i.e. a driveway, shoulder, or road construction) at the referenced location. Such permit shall be managed by the Community Services department. (b) Irrigation systems, landscaping, fences, walls,non-driveable vehicles, trailers, boats, dumpsters and other fixed objects within the Right-of-Way are safety hazards and not allowed within the right-of-way. i. New unpermitted installations of such encroachments shall be removed and shoulders dressed at the cost of the property owner within 30 calendar days of citation plus a fine of one-half (1/2) the cost of the largest permit fee for the site. Should such installations be on an active construction site, all CO’s, LDP’s, final plats, or other pressing applications to the City will be held until such fine is paid by the property owner. ii. Existing installations shall be subject to safety evaluations and must be relocated outside of the right-of-way when major repairs or replacement occurs. Safety evaluations by Community Services may result in an eviction notice and subsequent removal of such installation. Such removal shall occur within thirty (30) calendar days; however, no fine shall be assessed for existing installations. The burden of proof for date of existing installations shall be by Fulton County permit date, dated construction drawings, or receipts. Without these, a fine shall be assessed as if it was a new unpermitted installation. iii. Temporary items such as dumpsters, parked moving semi-trucks, and other related items as determined by the Community Services department shall be given a citation and will be towed from the right-of-way immediately to the Page 25 of 39 subject parcel. The cost to the City will be reimbursed at a rate of one-hundred- twenty-five (125) percent plus a $500 fine awarded to the property owner. Exception: moving to or from a house: a semi without a tractor is allowed to park on a neighborhood street when a right-of-way encroachment permit is approved and proper advance warning signage is used. The maximum length of time this permit for this application will be valid shall be 48hours. (c) Mailboxes. Mailboxes are subject to all regulations of the United States Postal Services (USPS). In addition: i. Single breakaway post mailboxes shall be the standard installation, placed five (5) feet from the edge of pavement. This installation shall not require a permit. ii. Fixed object mailboxes (ie brick, stone, concrete, stucco, anything other than a standard mailbox) are not allowed within five (five) feet of the edge of pavement and require a permit with the City. Installations of such mailboxes shall also be subject to other requirements of this Ordinance. (d) Trees. Trees within the Right-of-Way shall be classified as follows: i. Shoulders. Street trees are required to be planted behind the sidewalk for urban sections or outside of the AASHTO defined clear zone for on-system roadways. (Note: This may extend outside of the right-of-way onto personal property for on-system roadways) The Right-of-Way Encroachment permit is required for plantings inside the right-of-way but outside of the clear zone. Any tree within the right-of-way is subject to removal for safety reasons upon coordination of Community Services and the City Arborist. Street trees planted in the beauty strip are subject to removal by the City for safety reasons. When the beauty strip is the only area available for planting, as determined by the City Arborist, Georgia Department of Transportation (GDOT) category breakaway trees such as Crepe Myrtles, Hollies, etc shall be planted there and must be maintained by trimming appropriately by the property owner through a Right-of-Way Landscaping Agreement. ii. Medians. Only Georgia Department of Transportation (GDOT) category breakway trees shall be acceptable within planted medians, Additional landscaping maintained below eighteen (18) inches is also acceptable. When medianstreet trees are impacted, show signs of decline, or have a safety concern, as determined by the City Arborist, the replacement trees in the median shall meet this updated requirement. (e) On Street Parking. i. Vehicles may park on roads of subsequent width unless specifically prohibited by signage. The City may regulate and prohibit parking of any type of vehicle on any public road It shall be unlawful to park any truck or any trailer which is designated by the department of public safety for a license tag in a weight category heavier than 6,000 pounds on the right-of-way of any residential street or upon residential zoned property, unless said vehicle is making a delivery to said residential property. School buses shall not fall under this section. This section shall not apply to construction vehicles, trailers, or equipment temporarily located (maximum 6 hours) within a construction area, provided Page 26 of 39 such vehicles, trailers or equipment are used in connection with dwelling units under construction within such construction area. Such officer is authorized to move such vehicle or require the driver or other person to move the same. If the vehicle is unattended, such officer is authorized to remove or provide for the removal of such vehicle to the nearest garage or other place of safety at the owner's expense. State or local law enforcement officers and the department are further authorized, with or without the consent of the owner, to remove or have removed any obstruction, cargo, or personal property which is abandoned, unattended, or damaged as a result of a vehicle accident which the department determines to be a threat to public health or safety or to mitigate traffic congestion; State law references: Authority of city to regulate parking, O.C.G.A. § 32-6-2(3); O.C.G.A. § 40-6-200 et seq.; § 40-6-371. ii. Vehicles and trailers of any kind without current license plates, or vehicles, trailers or equipment permitted to remain in an inoperable condition for more than 30 days shall not be parked or stored on or about any property within a residential zoned district. Provided, however, this section shall not apply to vehicles, trailers or equipment stored in an enclosed structure or appropriately covered and located in the rear yard area. iii. Exception: moving to or from a house: a semi with attached tractor is allowed to park on a neighborhood street when a right-of-way encroachment permit is approved and proper advance warning signage is used. The maximum length of time this permit for this application will be valid shall be 24 hours. MUTCD acceptable cones, barricades, and other appropriate warning devices shall be placed to provide advance warning to motorists. iv. The City may place parking meters on or immediately adjacent to any or all of such roads for the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A municipality also may place such parking meters on or adjacent to any public road on the state highway system located within the corporate limits of the municipality when authorized by GDOT Section 3: Skateboard and Bicycle Use. (a) No person shall propel skateboards, or other similar devices upon a public street, highway, or sidewalk in a manner which would constitute an unreasonable danger to the public or which would disrupt the public’s ordinary and customary use of such street, highway or sidewalk. (b) No person shall ride a bicycle, or propel roller-skates, roller-blades, skateboards, or other similar devices on sidewalks, paths or trails which are properly designated for pedestrians only. The City may erect or have erected signs on any sidewalk or roadway prohibiting the riding of bicycles or propelling of roller-skates, roller-blades, skateboards, or other similar devices. When such signs are in place, no person shall disobey the signs. (c) Whenever any person is riding a bicycle or skating upon a sidewalk, path or trail that person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing the pedestrian. Page 27 of 39 (d) Any person violating any provision of this section shall be subject to the penalties provided in Section 1-3-1 of this Code. Provided, however, that any offender under the age of seventeen (17) years shall be treated as provided by State law as contained in the Official Code of Georgia Annotated, Title 15. The parent of any child and the guardian of the person of any ward shall not authorize or knowingly permit that child or ward to violate any provision of this section. (e) Bicycle Riders are entitled to use every road in Georgia except interstate highways. State law also requires that helmets be worn by all bicyclists under the age of 16. More detailed information on bicycle riding can be found in the Georgia Driver’s Manual and Georgia Bike Sense guide. Section 4: Assemblies, Demonstrations, and Parades. Regulation of assemblies, demonstrations, and parades are governed by Chapter 18, Assemblages in Public Places, of this Code. Section 5: Agricultural Uses a) Agricultural equipment (such as tractors, combines, etc) shall be allowed to travel during daylight short distances (of approximately one mile) along the right-of-way without being transported by a trailer for the purposes of traveling between utilized agricultural lands. i) A penalty of $100 per incident shall be the fine for violators of this rule. Law enforcement responsibility for enforcement of this article shall be in the Department of Public Safety except b) Just as construction equipment within LDP permits has limitations, so too does agricultural equipment. This includes but is not limited to: removal of mud from the roadway, removal of gravel from the roadway, and repair to the roadway from track equipment, oversize equipment, etc. i) A penalty of $100 per incident plus the cost of repairs to the road, plus cost of certified traffic control by the person who caused the damages. Enforcement responsibility for enforcement of this article shall be in the Community Development and Community Services department by sworn code enforcement officers. The traffic control shall be placed within 24hrs a NOV or Citation was given. The road repair shall begin within 3 business days of date of NOV or Citation. c) The following vehicles may exceed such limitation without a permit: farming or agricultural equipment, horses, or forest management equipment, whether self-propelled or being hauled, when such vehicle or equipment is being operated during daylight hours upon a public road c) Horses will ideally be ridden on gravel roads and other marked paths, marked trails, or rights-of- way during daylight hours. Section 6: Construction and Oversize Vehicle Uses (f) Haul permits are required from the Community Services Department when more than 30 truck trips per day for 2 weeks or 10,000CY of material will be hauled on a right-of-way. Such application shall be concurrent with right-of-way permit with a site map and calculation of earthworks and trips needed. (g) Oversize vehicles and equipment that is not street legal are required to be conveyed from location to location using a trailer, subject to all applicable state and GDOT rules and permits. Page 28 of 39 Section 7: Rules of the Road The rules of the road shall include but are not limited to the Georgia Department of Driver Services Georgia Driver’s Manual, current edition and Georgia Bike Sense guide. Section 8: Penalties; enforcement generally (a) Any person who violates this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not more than $1,000.00 or no more than 60 days in jail or both for each occurrence; and each occurrence shall be deemed a separate offense. (b) Unless otherwise specifically provided by resolution of the Mayor and City Council, the enforcement of this article shall be within the jurisdiction of the city's police department and any other city officer authorized by the State of Georgia to make misdemeanor criminal arrests. Persons designated by the governing authority are hereby authorized to issue citations or summons or both, charging violations under this article, returnable to a court or courts having jurisdiction over state traffic offenses or other courts having jurisdiction over violations of city ordinances. (c) For purposes of enforcing the provisions of this article, any City of Milton, Georgia, court or courts having jurisdiction over state traffic offenses or other courts having jurisdiction over violations of city ordinances shall be entitled to take such action to ensure compliance, and the person convicted shall reimburse the city for any cost or expense associated with such compliance efforts, and the city shall be entitled to place a lien on the property or require a bond from the person to secure payment and reimbursement for these expenses. State law references: Court with jurisdiction for violating city ordinances dealing with traffic offenses, O.C.G.A. § 36-32-1. Page 29 of 39 Article 7: Street Numbers and Road Names Section 1: Assignment. a) All houses and buildings fronting the various streets and alleys in the City shall be numbered under the City’s uniform addressing system. b) All new roads and alley names in the city shall be approved by the Community Development Department according to the approved names list. Section 2: Application. Each owner of a house or building, or part thereof, shall apply to the City Manager or his/her designee for the proper number of the house or building, or part thereof. Section 3: Record Log. The City shall keep a chart showing the proper street number of every lot, house, and building in the City. Such chart shall be open to inspection by anyone interested. Section 4: Visibility. It shall be the duty of the owner(s) of every house or building in the City to have placed thereon or in a place where the house or building can be specifically identified, the street number of the house or building. The street number shall be clearly visible from the street to pedestrians and vehicles going in either direction. Page 30 of 39 Article 8: Traffic Impact Studies Section 1: Thresholds and Applicability a) Traffic Studies shall be submitted with all Rezoning Applications. It is difficult to address potential impacts of traffic and frontage-access issues during rezoning without data and thus it is required. b) Projects that qualify as an Atlanta Regional Commission (ARC) development of regional impact (DRI) are required to meet the impact study requirements of the City of Milton. Note that the DRI Study will be required at the time of rezoning. c) The thresholds for determining the requirement of a Traffic Impact Study were developed as follows: DRI - non-metropolitan threshold or 50% of DRI - metropolitan threshold, whichever is smaller except as noted by *** Use DRI - Metropolitan Regions DRI - Metropolitan Regions (50%) DRI - Non- metropolitan Regions Milton Threshold 1. Office >400,000 SF >200,000 SF >125,000 SF >125,000 SF 2. Commercial >300,000 SF >150,000 SF >175,000 SF *** >100,000 SF or >20,000 SF w/ drive- thru 3. Wholesale & Dist. >500,000 SF >250,000 SF >175,000 SF >175,000 SF 4. Hospitals and Health Care Facilities >300 new beds; or generating > 375 peak hour vehicle trips per day >150 new beds; or >187 peak hour trips per day >200 new beds; or generating > 250 peak hour vehicle trips per day >150 new beds; or >187 peak hour trips per day 5. Housing >400 new lots or units >200 new lots or units >125 new lots or units ***>100 new lots or units 6. Industrial >500,000 SF; or employing > 1,600 workers; or covering > 400 acres >250,000 SF; or employing > 800 workers; or covering > 200 acres >175,000 SF; or employing > 500 workers; or covering > 125 acres >175,000 SF; or employing > 500 workers; or covering > 125 acres 7. Hotels >400 rooms >200 rooms >250 rooms >200 rooms 8. Mixed Use >400,000 SF or >120 acres; or if any of the individual uses meets or exceeds a threshold as identified herein >200,000 SF or >60 acres; or if any of the individual uses meets or exceeds a threshold as identified herein SF >125,000 SF or >40 acres; or if any of the individual uses meets or exceeds a threshold as identified herein SF >125,000 SF or >40 acres; or if any of the individual uses meets or exceeds a threshold as identified herein 9. Airports All new airports, runways and runway extensions All new airports, runways and runway extensions Any new airport with a paved runway; or runway additions of > 25% of existing runway length Any new airport with a paved runway; or runway additions of > 25% of existing runway length 10. Attractions & Recreational Facilities >1,500 parking spaces or a seating capacity of > 6,000 >750 parking spaces or a seating capacity of > 3,000 >1,500 parking spaces or a seating capacity of > 6,000 *** >100 spaces 11. School New school with a New school with a New school with a ** New school with a Page 31 of 39 capacity of > 2,400 students, or expansion by at least 25 % of capacity capacity of > 1,200 students, or expansion by at least 12.5 % of capacity capacity of > 750 students, or expansion by at least 25 % of capacity capacity of > 100 students, or expansion by at least 25 % of capacity 12. Waste Handling Facilities New facility or expansion of use of an existing facility by 50 % or more New facility or expansion of use of an existing facility by 25 % or more New facility or expansion of use of an existing facility by 50 % or more New facility or expansion of use of an existing facility by 50 % or more 13. Quarries, Asphalt & Cement Plants New facility or expansion of existing facility by > 50 % New facility or expansion of existing facility by > 25 % New facility or expansion of existing facility by > 50 % *** any new 14. Wastewater Treatment Facilities New facility or expansion of existing facility by > 50 % New facility or expansion of existing facility by > 25 % New facility or expansion of existing facility by > 50 % New facility or expansion of existing facility by > 50 % 15. Petroleum Storage Facilities Storage >50,000 barrels if within 1,000 feet of any water supply; otherwise, storage capacity >200,000 barrels Storage >25,000 barrels if within 500 feet of any water supply; otherwise, storage capacity >100,000 barrels Storage >50,000 barrels if within 1,000 feet of any water supply; otherwise, storage capacity >200,000 barrels Storage >50,000 barrels if within 1,000 feet of any water supply; otherwise, storage capacity >200,000 barrels 16. Water Supply Intakes/Rese rvoirs New Facilities New Facilities New Facilities New Facilities 17. Intermodal Terminals New Facilities New Facilities New Facilities New Facilities 18. Truck Stops A new facility with > three diesel fuel pumps; or containing a half acre of truck parking or 10 truck parking spaces. A new facility with > 2 diesel fuel pumps; or containing a quarter acre of truck parking or 5 truck parking spaces. A new facility with > three diesel fuel pumps; or containing a half acre of truck parking or 10 truck parking spaces. *** any 19. Any other development types 1000 parking spaces 500 parking spaces 1000 parking spaces 500 parking spaces New 20. Churches n/a n/a n/a >500 seats 21. Crabapple Overlay District n/a n/a n/a Any commercial or >10 lots or units of residential 22. Areas of Special Traffic Concern n/a n/a n/a As required by the City Engineer 23. Daycare n/a n/a n/a Any new or expansion by at least 25% capacity Section 2: Objectives The City finds that requiring a traffic impact study for proposed developments that meet certain thresholds will help to achieve the following objectives: Page 32 of 39 (a) Forecast additional traffic associated with new development, based on accepted practices. (b) Determine the improvements that are necessary to accommodate the new development. (c) Allow the local government to assess the impacts that a proposed development may have and assist the local government in making decisions regarding development proposals. (d) Help to ensure safe and reasonable traffic conditions on streets after the development is complete. (e) Reduce the negative impacts created by developments by helping to ensure that the transportation network can accommodate the development. (f) Protect the substantial public investment in the street system. (g) Provide information relevant to comprehensive planning, transportation planning, transit planning and the provision of programs and facilities for traffic safety, road improvements, transportation demand management, pedestrian access and other transportation system considerations. Section 3: Analysis The source for trip generation rates for the purposes of this Ordinance shall be "Trip Generation" and “Handbook” published by the Institute of Transportation Engineers (ITE), most recent edition. Determinations of whether this ordinance applies shall be made based on application of data from ITE Trip Generation, which may change from time to time, or as otherwise approved by the City Engineer. 1. Discussion of Assumptions a) Distributions. Default value is to assume site distribution will be the same split as existing conditions. Call out any exceptions to this used. For developments expected to generate more than thirty (30) truck trips per day, the study shall include separate trip distribution figures for trucks. b) Total combined trip reduction (passby and internal capture) shall be calculated for both a cap of 10% maximum and also the recommended ITE value. c) Growth factors- provide analysis of both 0% growth rate and calculated growth rate. Cap of 10% growth rate without prior City Engineer approval for areas within the City of Milton. For areas of impact outside city or county limits, higher growth rates are acceptable. d) Any caps that desire hardship must submit information calculated within the set requirements above to prove hardship with the City Engineer 2. Technical Analysis a) A Scoping meeting with the applicant’s traffic engineer and City Engineer is required prior to submittal of a Traffic Impact Study. Failure by an applicant to not have a scoping meeting prior to conducting their traffic counts will not constitute a hardship for an exception to be approved by the City Engineer. b) A Preliminary Site Access, Site Circulation, and Parking Plan will be prepared by the applicant early in the project. The plan is considered in the trip generation, trip distribution and assignment steps. c) Existing traffic volumes (measured within the previous six months and adjusted to reflect current conditions. Tube counts shall be a minimum of 48 hours) and performance operation analysis for all study intersections including all arterial, collector and local roads within the study area, in the year that the proposed development is planned to commence, and in five years. If phased development is proposed, the traffic impact study shall include projections for the year that each phase of the development is planned to be complete. Page 33 of 39 d) Level of Service. All signalized and all-way stop controlled intersections shall operate at a Level of Service “D” or better. Other unsignalized intersections (including unsignalized private accesses) shall operate at LOS “E” or better for major left turns and side street approaches, although LOS “F” may be allowed if the movement has a relatively low volume –to-capacity ratio and there are no known safety problems at the intersection. e) Volume/Capacity ratios. All signalized and all-way stop controlled intersections shall operate at a V/C ratio or 0.95 or Less f) Pass-by trips are external to the development but are already on the transportation system (not new trips on the roadway). These trips enter the site as an intermediate stop, or are incepted by the proposed development. The pass-by rate (or percentage of total site trip generation that are pass-by trips) is discussed in the Scoping Meeting. Trip reduction for pass-by trips shall be as follows: i. Calculate passby trips as provided for in the ITE Trip Generation Handbook ii. Perform a limits test, limiting the total pass-by trips associated with a site to 10% of the adjacent roadway’s project traffic capacity. g) Mode Split analysis is currently required only along state routes. Typically 3 to 5 percent is considered a maximum realistic share of travel for modes other than automobiles. h) Acceptable analysis methods include the most recent Highway Capacity Manual or Synchro. i) Signal timing used in capacity or progression analysis shall use same cycle length as it is currently using at the intersection, unless specifically noted otherwise and shall not exceed 120 seconds. Signal timing shall provide adequate and reasonable green time for pedestrian crossings. j) Peak Hour Factors less than 0.75 or greater than 0.90 shall not be used unless justified by specific counts at that location. k) The applicant shall forecast estimated traffic volumes and performance operation analysis with the development, on all arterial, collector and local roads within the study area, in the year that the proposed development is planned to commence, and in five years. If phased development is proposed, the traffic impact study shall include projections for the year that each phase of the development is planned to be complete. Section 4: Mitigation (a) Description and analysis of mitigation measures necessary to bring the identified intersections and locations into compliance with applicable standards. Include analysis showing that these measures will bring these locations into compliance and include signal, turn lane, or other warrant analyses as appropriate. (b) Often mitigation measures will be involved in rezoning applications. However, should a project already be zoned commercial or other intense land use, and the Traffic Impact Study deems mitigation measures are necessary, such mitigation measures deemed necessary by the City Engineer Page 34 of 39 and affirmed by the applicant’s data shall be deemed necessary improvements a the cost of the proposed private development. (c) The proposed development for which a Traffic Impact Study is submitted and mitigation measures are deemed necessary by the City Engineer and affirmed by the applicant’s data shall be deemed necessary improvements at the cost of the proposed private development. This would occur regardless of whether or not rezoning occurred in this transaction. (d) Should the proposed development for which a Traffic Impact Study is submitted not be deemed necessary immediately (i.e. be warranted immediately) the installation of such signal, etc shall not occur until such is warranted. Page 35 of 39 Article 9: Construction Standards and Details Section 1: Source of Reference Details a) The City utilizes GDOT Construction Standards and Details (online current edition), supplemented by the following Milton Construction Details, AASHTO guidelines, and MUTCD guidelines i. Where differences between the Subdivision Ordinance and this Ordinance exist, the more stringent design standard shall be used. ii. Precast manholes are required in lieu of brick manholes. iii. The English system of measurement is used. b) Forest Service Standard Details for Construction of Roads and Bridges, current edition. c) The City recognizes the 2006 International Fire Code, and calls attention to Appendix D, “Fire Apparatus Access Roads,” for the purposes of this Ordinance. i. Where differences exist between the Subdivision Ordinance, this Ordinance, and the Fire Apparatus Code, the City Engineer and Fire Marshal shall be responsible for determinations of which is the controlling requirement. Section 2: Index of City of Milton Details List of City of Milton Details 100 Series: General 101 Underground Utility Cross Sections 102 Conduit Location for Underground Utilities 103 Allowable Trench Widths 104 Reinforced Plastic Step 105 Structure Adjustment 106 Dead End Fire Apparatus Access Road Turnaround 107 Roadway Crossing Bore and Case Detail 110 Pavement Cut Repairs Type A, B, and C 111 Concrete Encasement 113 Safety Platform for Deep Manholes 200 Series: Landscaping 201A, B Bioswale Landscaping Detail 210 Tree Save Sign 211 Tree Planting and Watering Detail 300 Series: Transportation Page 36 of 39 301A, B Typical Sections: Rural Road, Access Easement, Industrial, Subdivision Streets, Side Roads, Gravel 302 Driveway Cut Repairs Concrete, Gravel, and Asphalt 303 Cul-de-sac 304 Roll-Back Curb 305 Divided Entrance Details 306 Miscellaneous Details 309 Deceleration Lane 310 Left Turn Lane Widening on Both Sides 311 Left Turn Lane Widening on One Side 312 Mini Roundabout 314 Chicanes 315 Speed Table 316 Raised Intersection 317 One Lane Choker 318 Entrance Treatment 319 Center Island 350 Street 351 Gated Entrance Detail 400 Series: Erosion Reserved 500 Series: Stormwater 501 Catch Basin, 1ft Offset Singlewing 502 Catch Basin, 1 ft Offset Doublewing 510 Drop Inlet Tops 511 Drop Inlet Dimensions 512 Drop Inlet Weir Type 516 Energy Dissipator Alternate 519 Structural Plate Pipe Arch Culvert and Structural Plate Pipe Culvert 520 Pipe Culverts 521 Pipe Culvert Tables 522 Pipe Culvert Table (ctd) 523 Perforated Underdrain 524 Pipe Gauge and Class 525 Earthfill Dam for Detention Ponds Page 37 of 39 526 Fence Detail for Detention Ponds –Equestrian Board with Mesh 527 Fence Detail for Detention Ponds-Chainlink 528 Outlet Control Structure with Trashrack . City of Milton 13400 Deerfield Parkway, Suite 167, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 8, 2007 FROM: City Manager OP AGENDA ITEM: Approval f an Ordinance to Adopt Community Services Policies for the City of Milton MEETING DATE: Thursday, May 17, 2007 Regular Meeting BACKGROUND INFORMATION-, (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED r� CITY ATTORNEY APPROVAL REQUIRED:} YES CI TY A TTORNEY RE VIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY ()APPROVED PLACED ON AGENDA FOR: AAq ]r 2MI REMARKS: [ (} NOTAPPROVED {) NO {) NO () NOT APPROVED City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 Page 1 of 1 To: Greg Wilson, Community Services Director From: Abbie Jones, PE Date: March 26, 2007 for submission onto the May 17, 2007 City Council meeting and the June 7, 2007 City Council Meeting. Agenda Item: Community Services Policies Engineer Recommendation: The Staff recommends approval of Community Services Policies. They compliment our Right- of-way Ordinance Background: The processes by which Crabapple Circle was removed from public use led up to the drafting of this document. Discussion: The main policy questions that need review by council for each of the list below are as follows: • Road Abandonment-Should the City require payment or auctioning of land? Or, should no relocation of roads needing abandonment and dedication be allowed in the future? • Privitization-Should HOA’s be able to speak for each resident legally? • Reserved Right-of-Way-May staff require reserved right-of-way on plan review not just at rezoning? • Interconnectivity-Should we update our codes to where our Zoning and fire standards match? • Traffic Calming-What percent cost share does council desire? Alternatives: 1. Create ordinances of these policies 2. Do not have council approve these staff policies. Concurrent Review: City of Milton Tom Wilson, Community Development Mike Tuller, Community Development Chris Lagerbloom, Public Safety-Police Charles Millican, Public Safety-Fire Roddy Motes, Field Services Mark Scott, City Attorney Community Service Policies Draft April 10, 2007 Community Services Department 2 Table of Contents Road Abandonment Policy.........................................................................................................3 Privatization Policy ......................................................................................................................5 Reserved Right-of-Way Policy ...................................................................................................6 Gates Policy ...................................................................................................................................7 Interconnectivity Policy ..............................................................................................................8 Traffic Calming Policy ................................................................................................................9 Driveway Manual Policy ..........................................................................................................13 Related OCGA Codes ................................................................................................................32 3 Right-of-Way Acceptance and Abandonment Policy 1. Methods Abandonment • Community Services and Community Development Director discussion with applicant prior to LDP drawings or final TIP plans. • Two public notices in the official City Register • creation of legal property descriptions and exhibits for the affected property (by the applicant) • Punchlist by Community Services to ensure road abandonment meets safety and construction standards • Modifications, additional construction as required by Punchlist of applicant must be finished prior to City Council meeting. • Presentation of resolution to City Council by Community Services • Quitclaim deeds signed and recorded at the courthouse for the minimum fee of ten dollars per quitclaim deed. Acceptance • Punchlist by Community Development and Community Services • Modifications, additional construction as required by Punchlist of applicant must be finished prior to signing of final plat. • Asbuilts must be submitted and meet the permitted drawings design • Final plats must meet all checklist standards • Appropriate bond must be posted • Final plats would be signed by the Community Development Director and accept rights-of-way 3. Construction Reference Right-of-Way Ordinance, GDOT details and specifications, MUTCD guidelines, AASHTO guidelines, and MUTCD guidelines. • Permitted drawings must be approved first • Site initiation meeting with City Inspectors • Right-of-Way Encroachment Permit within 5 days of ROW work, including road closure 4. Value Staff believes that the rights-of-way owned by the City have value. The flexibility allowed in a developer’s design due to demolition and relocation of an existing public road has value to the developer. State Law also has references to bidding for property. Thus, Staff believes that it has value to the City. Example: An entire residential street is purchased lot by lot for a new school. Then the development plan is created that needs the existing right of way to be abandoned so that the school can be placed on the property. As a trade, the school development must improve an adjacent intersection, include signalization. Example. A stub-out street is determined not able to connect with any adjacent properties because all neighbor subdivisions are built out and do not have interparcel connectivity. The subdivision may or may not have an HOA. The two parcel owners adjacent to the stub out may purchase and split the land area of the stub-out road, at appraised cost, payable to the City. The pavement must be removed prior to this exchange by the purchaser. Another option, when HOA’s are in existence in this case, is to allow the HOA to be the purchaser for creation of a neighborhood pocket park at the cost of the HOA. It is possible that the City may determine it is in the best interest of the City not to sell the stub-out road for purposes of a public pocket park. 4 5. Exchanges Where existing poor alignments are replaced with new, safer roadways, the values shall be set by GDOT appraisal methods. Should the land accepted by the city be of more value than the land the city gives to the developer, a development or impact fee credit will be given to the developer in that dollar amount. Footnote: 1. Fulton County utilized a standard procedure in Road Abandonment cases. This method consisted of: • Director discussion with applicant • Two public notices in the official County Register • creation of legal property descriptions and exhibits for the affected property (by the applicant) • Quitclaim deeds signed and recorded at the courthouse for the minimum fee of ten dollars per quitclaim deed. 5 Privatization Policy 1. Formal application for transferring a public right-of-way to a private right-of way or a private right- of-way to a public right-of-way shall be made to the Community Services Department 2. The submitted application shall include petition signatures of all land owners (not renters) and their respective addresses for the 100 percent of all land owners affected. The Community Services Department shall make determinations upon area of impact. 3. Representatives of a Homeowner’s Association are not allowed to submit and application on behalf of the HOA, but may coordinate such efforts. Each individual land owner must sign the petition as defined in the procedures for the application. 4. Becoming public: a. Upon verification of such petition, the applicant shall submit Engineering Testing results and submit a revision to the Final Plat for such neighborhood to the Community Development Department, just as a new road dedication would be processed. b. Upon punch list items found acceptable, the City Engineer will prepare an agenda item for a City Council resolution with the assistance of the applicant’s attorney’s in preparing the legal descriptions and exhibits. c. Such action will be result in a recorded official document and a newly recorded Final Plat revision 5. Becoming private: a. Upon verification of petition, the applicant shall submit a revision to the Final Plat for such neighborhood to the Community Development Department, just as a new road dedication would be processed. b. Upon punch list items found acceptable, the City Engineer will prepare an agenda item for a City Council resolution with the assistance of the applicant’s attorney in preparing the legal descriptions and exhibits. The applicant shall also file financial statements of assets similar to what is required for an HOA or condo association to finance a line of credit for capital assets. This will not be made public and is only to ensure solvency by fully understanding the future costs associated with this decision. c. Upon becoming private, an HOA or other applicant must remain private for a minimum of five years before being eligible to submit for public status again. 6 Reserved Right-of-Way Policy 1. The Comprehensive Land Use Plan, Transportation Master Plan, Capital Improvement Plan, and Bike and Pedestrian Master Plans detail locations where project improvements are planned or programmed. 2. When these projects are planned for programmed, information shall be entered into the City Geographic Information Systems. This information shall include widths of anticipated right-of-way. 3. As private developers submit plans in these corridors, the City shall require either a) fee simple right- of-way if at rezoning or ab) reserved right-of-way on the plans and recorded or fee simple free to the City at LDP permitting. Such benefit will result in credits to the developer from the Community Development Department. 7 Gates Policy Reference standard City details and Gates Ordinance. 8 Interconnectivity Policy 1. Within residential or commercial applications, all possible interparcel connections (separate from the main entrance) must be considered during preliminary planning. A high preference is given to any new east-west connection roads that can be formed due to limitations of the current City street network. 2. Within subdivisions, if the total number of units exceeds 30, a separate and approved fire apparatus access road (24ft wide) is required and no exceptions will be made. 3. On Final Plats, interparcel access must clearly be dedicated as right of way and may at times be required to be paved prior to Final Plat due to drainage concerns. 9 Traffic Calming Policy I. Introduction Citizens are often concerned about excessive traffic speed through their residential neighborhoods. The primary function of local residential streets in neighborhoods is to allow direct access to the properties and connections to higher order systems. When neighborhood streets are being used with excessive speed, the quality of life and the safety of residents is diminished. In order to enhance the quality of neighborhood life and the safety of the residents of Milton, the Transportation Division is establishing this Traffic Calming Program. The goals of this program are: • Reduction of traffic speed to a safe and appropriate limit • Encourage community participation • Encouragement and enhancement of pedestrian, bicycle, and transit systems • Discourage traffic from using local residential streets to bypass collectors • Limit traffic calming to local residential streets • Ensure emergency vehicle access • Use effective, efficient, economical, and environmentally sound traffic calming solutions • Multi-discipline input from engineers, planners, police, and fire • Continued monitoring of speeds, traffic volumes, and accidents It is extremely important to realize that the approach taken by the Traffic Calming Program is a systematic one. While each situation may be somewhat unique, the same definitions and criteria, as outlined in this guide, are applied. Also, the transportation system of the City should be considered as a whole. Solving one local problem should not cause another problem to appear somewhere else. The Traffic Calming Program is to be used only for local residential streets, as defined in Section IV. It is also a goal of the program to have the speed limit of all local residential streets posted and enforceable at 25-mph. Keeping with the general guidelines and recommendations as set forth in the Manual on Uniform Traffic Control Devices and Institute of Transportation Engineers aids in the recognition and understanding of traffic control devices. Standardization of these devices will help ensure that any given traffic calming measures including the use of speed humps will be equally recognizable and require the same action on the part of the motorist regardless of where they are encountered. II. Traffic Calming Process 1. Homeowners’ Association, neighborhood group, or individual reports a speeding problem in their neighborhood 2. Transportation Division will make a field review of the area to determine what studies should be conducted 3. Transportation Division will conduct appropriate studies, as approved by City Manager, to determine the existence and extent of the problem • If the results of the study indicate there is no traffic problem, the neighborhood will be informed in writing • If the results of the study indicate there is a traffic problem, Transportation staff will develop a traffic calming report, including suggested solutions 10 4. Transportation staff schedules a public neighborhood meeting to discuss study findings, suggested solutions, and traffic calming process 5. The neighborhood must show support for proposed solution by submitting a petition showing 75% support to the Transportation Division for verification (see Section VII for details and Appendix B for example petition forms). The service area necessary for the petition will be determined by the City Engineer or his/her designee. 6. Once the petition is verified, Community Services staff will develop a final project design and cost, based on the suggested solution, which will be presented to the neighborhood 7. Passive measures and/or any needed modifications or temporary measures may be implemented and studies for effectiveness before active measures are installed 8. Final design and cost will be presented to the Mayor and City Council for funding and approval 9. Upon City Council approval, the traffic calming project will be implemented at the direction of the City Manager. 10. Within 6 months of project installation, Transportation staff will conduct follow-up studies to measure project effectiveness III. Traffic Problem Definition For the purposes of the traffic calming program, a traffic problem on a residential street exists if any of the following are found during a traffic study: • The 85th percentile speed in a local residential street is greater than 10 miles over the posted speed limit • For pedestrian and other safety related problems, confirmation will be made based on crash reports, inadequate roadway geometry (poor sight distance, etc.), school locations, and other safety parameters If the results of any traffic study show that a residential traffic problem exists, based upon the above criteria, the Transportation Division will produce a traffic calming report, as explained in Section V. IV. Local Residential Street Definition The City of Milton should only support the installation traffic calming devices on local residential streets, located within the City of Milton: • Local streets are those classified by City of Milton as primarily used for direct access to property and connections to higher order systems • Residential streets are those where the adjacent land use is deemed primarily residential in nature • Only 25 mph and 30 mph roads qualify for traffic calming, as O.C.G.A §40-14-8(b) states “thoroughfares with speed limits of 35 mph or more shall not be considered residential streets” • Only roads with an average daily traffic of 400 to 4,000 vehicles per day (VPD) should be considered for traffic calming device installation. Volumes above 4,000 VPD would be considered a major road per the MUTCD for traffic control purposes, and volumes below 400 VPD would not typically provide enough benefit to warrant the expenditure of public funds for installation and the increased maintenance costs. 11 V. Traffic Calming Report A. Request for Traffic Study A Homeowners’ Association, neighborhood group, or individual requesting a traffic study in their neighborhood must submit a written request clearly stating their concerns. B. Traffic Calming Report Transportation staff will analyze the results of the traffic study for a neighborhood and determine if a problem, as defined in Section III, exists. If there is no problem, a letter is sent to the requestor informing them of such, and the Transportation Division will archive the traffic study results for comparison to future studies. If a traffic problem, as defined in Section III, does exist, then the Community Services staff will analyze the data to determine: • Severity of the problem • Causes of the problem • Determine whether the traffic problem is local or systemic • Determine what feasible traffic calming solutions may solve the problem Transportation staff will develop a traffic calming report giving the results of the traffic study, identification of the problem, and the proposed traffic calming solutions, in a prioritized list with anticipated effectiveness and cost. Copies of the study will be given to the Fire Department, Police Department, and any other appropriate agency, organization, or individual as determined by the Transportation Director. VI. Feasible Alternative Solutions The feasible alternative solutions are classified into two categories. The first is passive traffic calming measures and the second is active traffic calming measures. In general, passive measures are quicker to implement, easier to undo, cost less, and should be considered prior to the implementation of active measures. Appendix A presents many of the possible traffic calming solutions that are used by the Transportation Division. Transportation staff will continue to monitor other agencies’ results in their traffic calming programs and will have staff attend seminars pertaining to traffic calming. Therefore, solutions presented here may be altered, removed, or expanded as experience in this field grows. VII. Neighborhood Petitions The City of Milton requires that there be wide support from the community for implementing traffic calming measures in its neighborhood. All of the property owners in the impacted area should be contacted and given an opportunity to sign this petition, indicating their opinion concerning the installation of the traffic calming device. Any abstention or indication other than a “yes” will be considered a “no.” Impacted Area is defined as all property owners along the roadway or street segment where a Traffic Calming Device is to be installed or a roadway or street segment that would cause vehicles to be diverted to another roadway or street segment as to avoid such devices. In addition, the impacted area will include all cul-de-sac’s that obtain access from the roadway or street segment where a traffic calming device is to be installed. 12 A spouse’s signature will not be acceptable if he/she is not the legal owner. If both husband and wife are joint legal owners, both signatures are required. A “Mr. and Mrs.” signature is not acceptable. All owners must sign individually, including owners of undeveloped lots. Renting tenants are not an acceptable substitute for the legal homeowner. The percentages will be calculated, based on individual lots where the owners sign affirmatively, divided by the total number of lots in the neighborhood. Each lot counts as only one lot regardless of the number of owners signing. At least 65% of the homeowners in the neighborhood must vote in favor of installing the traffic calming device, before the petition will be accepted. Where a neighborhood has a homeowners’ association or other legal mechanism allowing a group less than the previously stated required percentages to represent their position on matters such as these, this mechanism may replace the petition process as approved by the City Manager after consultation with the City Attorney. The completed petition must be returned to Community Services where it will be checked against tax records and land lot maps to ensure that it meets all requirements. The petition will be presented to the City Council for action. The City reserves the right to set a reasonable expiration date on petition signatures. See Appendix B for example petition letter and forms. VIII. Neighborhood Cost Share Basic installation of Traffic Calming Devices will be paid by the City 75% and Community 25%. If the Community chooses upgrades or enhanced versions of a Traffic Calming Device, the Community will pay the entire cost above the basic device. In addition, any landscaping including maintenance will be paid entirely by the community. Installation costs include but are not limited to the demolition and removal of existing pavement, construction of the devices, sign and pavement marking modifications, landscaping, necessary easements, and right-of-way acquisition. Repair and routine maintenance of all traffic calming devices will be the responsibility of the City. If the City receives more requests than can be accommodated by the budget in a fiscal year, the Transportation Division will develop a recommended priority list based on measurable criteria, such as volumes, 85th percentile speeds, and crash experience. IX. Review and Analysis of Applied Solution Within 6 months after a traffic calming project has been implemented, the Community Services will conduct another traffic study to determine the effectiveness of the solution. This traffic study will encompass surrounded streets that may also have been affected by the solution implementation. The Transportation Division will place its findings in a report as to the effectiveness of the solution, citing before and after data. Of particular importance will be whether the stated goals have been accomplished and to what degree. Copies of the final report will be made available to all interested parties. X. Removal of Traffic Calming Devices If the neighborhood decides that they no longer want previously installed traffic calming devices, they must follow the same procedure to obtain 65% support by petition as listed above for installation. Active traffic calming devices should remain in place at least 12 months before removal. If devices are removed, the road must also be brought back to City standards. Removal should be done by a qualified contractor at no cost to the City of Milton, where the community assumes all related cost in 13 the removal of traffic calming devices The City of Milton reserves the right to remove speed humps for any reason. 14 Appendix A – Example Traffic Calming Measures Passive Measures The primary use of passive measures is to reduce the speed of traffic while raising awareness of the traffic problems in residential areas. These methods are less costly than active devices, as they do not affect the geometry of the roadway or require extensive construction. Passive traffic calming measures include radar trailers, re-striping, and installing signs. General advantages of passive geometry traffic calming measures: • Pose no restrictions for bicycles or pedestrian traffic • Does not affect intersection capacity or operation • Cheaper than active traffic calming devices • Raise awareness of drivers to speeding problems • No impacts to transit or emergency services • Can be done regardless of the grade of the road General disadvantages of passive traffic calming measures: • Not necessarily enforceable • Not always effective over time Radar Trailer Description: The City of Milton is considering the operation of a number of portable radar speed meters capable of measuring vehicle speed and graphically displaying the speed of the motorist. Primary Purpose: Reduce vehicle speeds by raising the awareness of the driver to their speed Advantages: • Possible speed reduction for short intervals at the radar trailer location • Opportunity to collect volume and speed data, dependant upon equipment Disadvantages: • Not an enforcement tool • Minimal effectiveness on reducing traffic speeds over time Narrowing lanes Description: Striping is used to narrow travel lanes to 10-foot widths. Primary Purpose: Reduce vehicle speed by creating the perception of a narrower road. Generally, speeds are lower in 10- foot wide lanes than in 12-foot wide lanes. Advantages: 15 • Re-striping can include bike lanes or bike-friendly shoulders. This reduces the vehicular lane width while also providing a safe place for bikes to travel. Striping to include bike lanes also reduces the potential for driver to drive outside the lane. • Striping is easily modified when done with a concurrent asphalt resurfacing program Disadvantages: • Citizens do not always perceive striping to be an effective traffic calming technique Signs and Signals Advisory and regulatory signs and signals can assist with many problems addressed by traffic calming. Installation of any signs and signals should conform to the standards set forth in the Manual on Uniform Traffic Control Devices (MUTCD), as established by the Federal Highway Administration One Way Treatment Description: One-way treatment involves having streets or roadways upon which vehicular traffic is allowed to travel in one direction only. Primary Purpose: Increase the safety of a roadway by reducing the number of conflicting movements. One-way treatment is not a traffic calming method, but can be used to manage traffic flow in an area. Advantages: • Increases the safety of the roadway by reducing the number of conflicting movements • One way treatment of a roadway is enforceable Disadvantages: • Changing a street from a two-way operation to a one-way operation takes a lengthy implementation process • Changing a street from a two-way operation to a one-way operation may impact emergency services or transit systems • Changing a street from a two-way operation to a one-way operation requires the consideration of the impact on the local system. Steps should be taken to ensure that making a roadway one way will not move the problem elsewhere or create new problems. • Works best in a system comprised of parallel roads • Residents may be inconvenienced changing traveling behaviors within the subdivision Other Considerations: Emergency services and transit routes should be considered when changing from two-way operation to one-way operation. Their opinions will be solicited and weighed appropriately. On-street Parking Description: On street parking provides designated parking spots on the sides of roadways. Primary Purpose: On-street vehicular spaces provide both additional parking and traffic calming benefits. Drivers tend to travel more slowly when driving past a lane of parked cars due to a reduction in the perceived travel way. 16 Advantages: • May reduce the speeds of the through traffic • Increase pedestrian safety – on-street parking provides a greater buffer between the sidewalk and the traveling vehicular lanes Disadvantages: • Common perception that on-street parking is not aesthetically pleasing • Possible difficulty seeing pedestrians crossing at mid-block locations Other Considerations: • Parking spaces should be prohibited at least 100’ from an intersection and at least 10’ on both sides of a fire hydrant. • Create a wide single lane where on-street parking would be promoted Gateway and Pavement Treatments Description: Gateway treatments are decorative entrances indicating transition from one area to another. Pavement treatments involve decorative pavement in the form of different colors and textures. Primary Purpose: Visually alert the driver that they are entering a new area, such as a residential area from an arterial road. Gateway treatments can include signs, decorative walls, arches, pillars, hedgerows, etc. Pavement treatments can include colored concrete, stamped concrete, or bricks. Advantages: • Versatile and easily individualized for each specific neighborhood 17 • Aesthetically pleasing • Easy to implement with active traffic calming devices Disadvantages: • Limited utility in speed reduction • Maintenance and replacement costs can be costly and difficult to address Other Considerations: Gateway treatments should not obscure proper sight distance, therefore making the intersection less safe. Structures are not permitted in the public right-of-way. Increased Patrolling and Target Enforcement Description: Police can intensify coverage for an area of concern, most commonly to enforce speed limits and stop signs. Primary Purpose: Increase the awareness to the traveling public of law enforcement and to encourage them to obey traffic laws. Advantages: • Citizens perceive as achieving results with an increased police presence • Decrease in traffic violations in the general area Disadvantages: • Police generally do not have the staff to regularly patrol most residential areas • Time that police officers spend patrolling for traffic violators is not directly spent in reducing violent crime • Many residential roads have insufficient geometric alignment for radar enforcement • Increasing patrols and enforcement only reduces speeds in the general area during the period of intensified attention. Once the intensity subsides, the traffic violators typically return to their previous habits. • Enforcement applies to all residents in violation Other Considerations: If heavy truck traffic is an issue, citizens can request that the road be added to the truck route prohibition list. Neighborhood Safety and Awareness Program (Neighborhood Watch) Description: Teach techniques motorists, pedestrians, and parents can use to help address speeding issues, and increase awareness of their driving habits. Unique programs can be developed for specific cases, such as crime awareness or parking enforcement. Primary Purpose: Increase the awareness and activity of the neighborhood. Frequently, it is members of the neighborhood who are the most flagrantly violating traffic ordinances (i.e. stops signs or the speed limit). 18 Advantages: • Involves the neighborhood actively and regularly in the solution • Easily combines with other traffic calming techniques Disadvantages: • Citizens do not always perceive neighborhood watch programs as effective traffic calming techniques • Program effectiveness is proportional to the level of neighborhood association involvement Right-of-Way Clearing Description: Clearing of brush, limbing trees, trimming shrubs or other objects in the right-of-way that obscure signs or sight distance either along roadways or at intersections can improve safety. Primary Purpose: Maintain minimum sight distances along roadways. Sight distances over a certain length may increase the traveling speed of along a roadway, but sight distances below the minimum may adversely affect safety. Clearing the right-of-way does not assist in traffic calming, but does assist in improving safety. Advantages: • Potential quick turn-around on a request for the clearing of the right-of-way • City program is already in place to trim trees and clear the right-of-way • Improve safety of intersections and roadways by providing ample view of signs and improving sight distances Other Considerations: The City of Milton encourages Homeowners Associations to keep the right of ways clear. Right of way clearing performed by City work crews is done without regard for existing landscaping or vegetation. Active Measures The primary purposes of active traffic calming devices are to reduce the speed of traffic, improve bike and pedestrian safety, and raise awareness of traffic problems in a residential area. These methods are more expensive than passive devices because they often affect the geometry of the roadway, which requires extensive construction and maintenance. Active traffic calming devices include speed humps, traffic circles, and splitters. General advantages of active traffic calming devices: • Effective at solving specific traffic issues, especially speeding • Raises awareness of drivers to speeding problems General disadvantages of active traffic calming devices: • May pose restrictions for bicycle traffic • May negatively impact transit or emergency services • Higher cost than passive traffic calming measures Standard Speed Humps Description: 19 The standard speed hump is a 22-foot long, four to six inch high, and constructed of asphalt or concrete, extending the entire width of the roadway which causes vertical displacement of the vehicle. The hump consists of two 6 foot long ramps flanking a 10 foot flat section. Humps can be colored and/or textured to add aesthetic appeal. Primary Purpose: Reduce vehicle speeds by providing vertical displacement of the vehicle that result in a jolt if the vehicle’s speed is too high. Advantages: • Reduces vehicle speeds – encouraging 25 mph vehicle speeds • Pose no restrictions for bicycles • Do not affect intersection capacity or operation Disadvantages: • Potentially increase traffic noise from braking and acceleration of vehicles, particularly buses and trucks Transit Service Impacts: 22-foot speed humps create a minor impact to transit scheduling. Emergency Services Impacts: When speed hump designs are selected for any street, one should consider whether it is used as a primary response route. Minor impacts to response time may occur. Other Considerations: Speed humps should not be considered on grades of eight percent or greater. Intersection Humps Description: 20 Similar to the speed hump, the intersection hump slopes are all straight lines and are typically constructed out of concrete with a surface treatment or patterning. The top of the intersection hump is flat, and the one pictured above extends beyond the boundary of the intersection providing a spot close to the curb for pedestrians to safely cross. The structure does not extend into the gutter areas for necessary drainage concerns. Primary Purpose: Reduce vehicle speeds at intersections by providing vertical displacement of the vehicle that result in a jolt if the vehicle’s speed is too high. They may also provide a place for pedestrians to safely navigate the intersection. At an intersection where an all-way stop is unwarranted, an intersection hump forces motorists to navigate the intersection more slowly, making them more likely to yield the right-of-way to other motorists and pedestrians. Advantages: • Reduce vehicle speeds – encourage 25 mph vehicle speeds • Pose no restrictions for bicycles • Increase pedestrian safety by providing a distinct location for drivers to yield right-of-way • Increase intersection safety by providing a distinct location for drivers to yield right-of-way to other legs of the intersection Disadvantages: • Potentially increase traffic noise from braking and acceleration of vehicles particularly buses and trucks • Noise from tires hitting the structure • Perception from real estate industry that speed tables affect property values negatively. Advertises “a speeding problem.” Transit Service Impacts: Intersection humps do not significantly impede transit services. Emergency Services Impacts: When intersection hump designs are selected for any street, one should consider whether it is used as a primary response route. Intersection humps may cause difficulty with the turning radii of large vehicles. Other Considerations: Intersection humps should not be considered on grades of eight percent or greater. Intersection hump may also pose challenges with surface water management. 21 Neighborhood Traffic Circles (Roundabouts) Description: Traffic circles or roundabouts consist of a landscaped island in the center of the intersection with appropriate signage and marking. A driver enters a traffic circle by turning right, after yielding to any traffic coming from the left. All turns from a roadway intersection that has a traffic circle are right in, right-out. Primary Purpose: Reduce speeds through intersections and assist drivers in proper yielding. Advantages: • Increase operational safety by reducing the number of conflicting movements • Reduce speeds in the intersection • Cannot be ignored like an intersection controlled by stop signs • May improve intersection capacity and operation • Accommodates intersections with a wide range of access points (i.e. three to five way intersections) and can include driveways in the intersection Disadvantages: • Provides a potential obstruction for collision • Maintenance costs increase over all-way stop due to increased landscaping and/or pavement Transit Service Impacts: Traffic circles can be designed such that buses can navigate left turns by going the wrong way through a traffic circle. On roads with high average daily traffic that would make such maneuvers infeasible, traffic circles should be designed large enough for buses to navigate. 22 Emergency Services Impacts: Traffic circles can be designed such that emergency service vehicles can navigate left turns by going the wrong way through a traffic circle. On roads with high average daily traffic that would make such maneuvers infeasible, traffic circles should be designed large enough for emergency service vehicles to navigate. Other Considerations: • Driveways can directly access the traffic circle. • Installation of a traffic circle typically requires modifying the existing corners. While this work can typically be done within the right of way, it impacts perceived property. • Visibility of the device should be optimized through the use of raised pavement markers, striping, and signs. Op timized through the use of raised pavement markers, striping, Splitters (short median) Description: Splitter islands divert traffic laterally, often narrowing the roadway, while providing one-way flow for short intervals. Splitters are frequently landscaped for aesthetic appeal. Splitters must maintain a 20ft wide lane for emergency services Primary Purpose: Reduce though traffic speeds. Advantages: • Reduce speeds on roadways through lateral deflection and roadway narrowing • Provide areas for landscaping and improving the aesthetic value of the neighborhood • Provide locations for safer mid-block pedestrian crossings • Allowable on grades of eight percent or higher 23 Disadvantages: • Create obstructions for potential collision • Expensive design that may require right-of-way to be acquired to promote the concept • Maintenance costs increase due to increased landscaping and/or pavement Transit Service Impacts: There is no significant impact to transit services. Emergency Services Impacts: There is no significant impact to emergency services. Other Considerations: • Driveways with access directly to the splitter are not allowable. If there is hardship in the placement of splitters due to driveway locations, chicanes could be considered instead. • Installation of a splitter island requires modifying the adjacent property. While this work can usually be done within the right of way, it impacts perceived property. • Visibility of the device should be optimized through the use of raised pavement markers, striping, and signs. Chicanes (deflectors) Description: Chicanes change the physical characteristics of a roadway section from an existing straight alignment to a series of horizontal curves, causing horizontal displacement of the vehicle. Primary Purpose: Reduce vehicle speeds by providing horizontal deflection and a narrowed vehicle travel path, as well as potentially reducing sight distance that is too great for desired speed. Advantages: • Reduce vehicle speeds with less impact on emergency service vehicles 24 • Pose no restrictions for bicycle • Allowable on grades of eight percent or higher Disadvantages: • Existing driveways can limit placement • Create obstructions for potential collision • Maintenance costs increase due to increased landscaping and pavement • May pose challenges with surface water management Transit Service Impacts: There is no significant impact to transit services. Emergency Services Impacts: There is no significant impact to emergency services. Other Considerations: Visibility of the device should be optimized through the use of raised pavement markers, striping, and signs. Chokers (neck-downs) Description: Chokers narrow a street at an intersection or mid-block by construction of a wider sidewalk, landscape strip, or gateway treatment. Alternatively, lanes can be reduced to 10’ by moving the curb lines. Primary Purpose: Reduce vehicle speeds by providing horizontal deflection and a narrowed vehicle travel path, as well as potentially reducing sight distance that is too great for desired speed. Advantages: • Reduce vehicle speeds with less impact on emergency service vehicles • Provide shorter pedestrian crossing distances and better motorist-pedestrian visibility 25 • Discourage truck traffic • Allowable on grades of eight percent or higher Disadvantages: • Existing driveways can limit placement • Create obstruction for potential collision • Potentially impede bicycle safety and mobility • Maintenance costs increase due to increased landscaping and pavement • May pose challenges with surface water management • May result in the loss of curbside parking Transit Service Impacts: There is no significant impact to transit services. Emergency Services Impacts: There is no significant impact to emergency services. Other Considerations: Visibility of the device should be optimized through the use of raised pavement markers, striping, and signs Exit-only/one way entry treatment Description: Similar to a choker, this treatment restricts the intersection such that either entry or exit movements are allowed, but not both. Primary Purpose: 26 More effectively manage traffic patterns within a neighborhood. Advantages: • Reduce the number of conflicting movements in that intersection • Reduce the need for future installation of traffic signals • Restrict vehicular access while retaining bicycle and pedestrian access • Provide safer areas for pedestrians to cross the intersection • Do not create dead-end streets, making routes more direct, compared to road closures • Reduce motorist speeds • Alternative to a one-way street designation that allows residents within the block to continue to use the street for two-way travel Disadvantages: • May relocate traffic to other locations where the desired movement opportunities exist • May inconvenience local residents who may be forced to drive longer, more circuitous routes to reach their destination • Maintenance costs increase due to increased landscaping and/or pavement • Easy to violate because they only block half the intersection Transit Service Impacts: To minimize the negative effect transit routes should be planned to accommodate barriers. However, they should not be placed at any location where transit service performs a relevant turning movement. Emergency Services Impacts: There is no significant impact to emergency services. Other Considerations: These treatments should be planned considering the impact on overall traffic patterns in the area. Storm water drainage can be a significant consideration. Curb extensions 27 Description: Curb extensions narrow the roadway to make pedestrian crossing faster and safer. They can be installed either at intersections or mid-block. Primary Purpose: Improve pedestrian safety by reducing the street crossing distance and increasing sight distance. Curb extensions are similar to chokers (neck-downs) and chicanes, but their primary purposes differ. Advantages: • Reduce pedestrian crossing distance and time • Make pedestrian crossing points more visible to drivers • Prevent vehicles from passing other vehicles that are turning at an intersection • Provide transition from a through lane to on street parking, dependant upon road width • Visually enhance the street through landscaping or textured treatment Disadvantages: • May reduce the amount of on-street parking • Makes accommodating full bicycle lanes difficult Transit Service Impacts: Enhance service by moving the curb so riders step directly between the sidewalk and bus door. Emergency Services Impacts: There is no significant impact to emergency services. Modified intersections Description: Barriers that restrict movement may be located at problem intersections. Pictured above is a right-in, right-out intersection that restricts all left turn movements to and from the minor road. Other 28 possibilities include increasing or decreasing the curb radii to encourage different turning speeds at the intersection. Primary Purpose: Control traffic flow though neighborhoods. Advantages: • Improve safety by reducing the number of conflicting movements in that intersection • Reduce local street volumes • Reduce the need for future traffic control • Restrict vehicular access while retaining bicycle and pedestrian access • Provide safer areas for pedestrians to cross the intersection • Reduce the speeds at intersections Disadvantages: • May relocate traffic to other locations where turning opportunities exist • May inconvenience local residents who are forced to drive longer, more circuitous routes to reach their destination • Maintenance costs increase due to increased landscaping and/or pavement Transit Service Impacts: To minimize the negative effect, transit routes should be planned to accommodate modified intersections. They should not be placed at any location where transit service performs a relevant turning movement. Emergency Services Impacts: Even though these barriers would restrict turns for emergency vehicles, they can be designed and installed to provide for emergency access. If desired, the modification can be constructed with breakaway posts and striping, which would allow emergency services while strongly discouraging the target movements. Other Considerations: Striping is easliy violated. 29 Median Barriers Description: Provide a physical barrier on the major street at an intersection that can effectively eliminate left turns from the major street onto the minor street as well as eliminate minor street straight-through traffic and left turn traffic across the major street. Median barriers usually consist of a concrete curbed island with a decorative landscaping and/or surface treatment. Primary Purpose: Restrict traffic flow Advantages: • Improve safety by reducing the number of conflicting movements in that intersection • Reduce local street volumes • Negate the need for future traffic signals • Restrict vehicular access while retaining bicycle and pedestrian access • Provide safer areas for pedestrians to cross the intersection Disadvantages: • May relocate traffic to other locations where left-turn opportunities exist • May inconvenience local residents who may be forced to drive longer, more circuitous routes to reach their destination • Maintenance costs increase due to increased landscaping and/or pavement Transit Service Impacts: To minimize the negative effect, transit routes should be planned to accommodate median barriers. They should not be placed at any location where transit service performs a relevant turning movement. Emergency Services Impacts: Even though median barriers would restrict turns for emergency vehicles, they can be designed and installed to provide for emergency access. If desired, the median can be constructed with breakaway 30 posts and striping or roll back/mountable curbing, which would allow emergency services while strongly discouraging left turns. Other Considerations: A full median with no breaks can also be used to prohibit all left turns. 31 Appendix B – Sample Petition Letter and Forms Two sample petitions follow. The first is an example of a single sheet per property design which could be included in a Home Owner’s Association newsletter or passed out by volunteers. The second is a petition form that includes multiple signatures and could be carried around by volunteers or kept in a central location. Either form, or reasonable variations of either, is acceptable. Neighborhoods have had success with multiple distribution methods, and Community Services staff is available to offer advice and suggestions. Regardless of exact format, all petitions must have certain features. Most importantly, the property owner(s) must clearly indicate they are in favor of traffic calming devices on the neighborhood streets. The street address of the property should be indicated, along with printed name(s) of the owner. Please note that all listed property owners must sign the petition or a ‘no’ vote will be recorded for the property. Submitted petitions should include a cover letter from the HOA Board, neighborhood president, or other responsible party attesting that all signatures are correct and valid to the best of their knowledge. The letter should also specify that the petition supports the type of and number of traffic calming devices proposed by Community Services staff as the suggested solutions. City of Milton Department of Community Services C/o Traffic Calming Program 13000 Deerfield Parkway, Suite 107C Milton, Georgia 3004 678.242.2500 PETITION FOR TRAFFIC CALMING I, the undersigned, being the owner of real property located at _____________________________________________________________________________________ in the City of Milton, in the _____________________________________________________________________________________ neighborhood, do hereby petition for the installation of _____________________________________________________________________________________ for purposes of improving the safety of the neighborhood streets for all users of the roadways. I do hereby pledge and consent to the installation of traffic calming devices on the roadways adjacent to my property and in the neighborhood that are constructed within the public right-of-way and conform to the design and safety standards for such devices as determined by City of Milton Community Services Department. ___________________________________ Print Name (First, Last) ___________________________________ __________________________ Signature Date ___________________________________ Print Name (First, Last) ___________________________________ __________________________ Signature Date PETITION FOR TRAFFIC CALMING We, the undersigned, do hereby record our preference on the installation of _______________________________ traffic calming devices adjacent to our property and in our neighborhood, which would be constructed within the public right- of-way and conform to the design and safety standards for such devices as determined by City of Milton Community Services Department. Printed Name Signature Property Street Address Write Yes/No Date Neighborhood: _____________________________________________ Page _________ of __________ 1 Related OCGA code sections: 1. Acquisition of rights of way (a) Acquisition of rights of way for public roads on the state highway system located within the corporate limits of a municipality shall be made in compliance with subsection (e) of Code Section 32-3-3 and Code Section 32-5-25. 2. New streets and abandoned streets (a) A municipality shall plan, designate, improve, manage, control, construct, and maintain an adequate municipal street system and shall have control of and responsibility for all construction, maintenance, or other work related to the municipal street system. Such work may be accomplished through the use of municipal forces, including inmate labor, by contract as authorized in paragraph (1) of subsection (a) of Code Section 32-4-92, or otherwise as permitted by law. (b) A municipality shall notify the department within three months after a municipal street is added to the municipal street system and shall further notify the department within three months after a municipal street is abandoned. This notification shall be accompanied by a map or plat depicting the location of the new or abandoned street. 3. Rights and Responsibilities of a Municipality as a Property Owner (a) The powers of a municipality with respect to its municipal street system, unless otherwise expressly limited by law, shall include but not be limited to the following: (1) Subject to the limitations of subparagraph (d)(1)(A) of Code Section 32-2-61, a municipality has the authority to contract with any person, the federal government or its agencies, the state or its agencies, other municipalities, a county in which the municipality lies, or any combination of the foregoing entities for the construction, reconstruction, or maintenance of any public road located within the municipality; (2) A municipality may accept and use federal and state funds for municipal street purposes and do all things necessary, proper, or expedient to achieve compliance with the provisions and requirements of all applicable federal-aid acts and programs. Nothing in this title is intended to conflict with any such federal-aid law and, in case of such conflict, such portion as may be in conflict with such federal law is declared of no effect to the extent of the conflict; (3) A municipality may acquire, manage, and dispose of real property or any interests therein for public roads on its municipal street system under the procedures provided in Article 1 of Chapter 3 of this title and in Chapter 7 of this title. In acquiring property for rights of way for federal-aid highway projects on its system, the municipality shall comply with the requirements of the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended by the Uniform Relocation Act Amendments of 1987, Title IV of Public Law 100-17, and in general be guided by the policies applicable to the department as set forth in Code Section 32-8-1. For good cause shown, a municipality, at any time after commencement of condemnation proceedings and prior to final judgment therein, may dismiss its condemnation action, provided that (A) the condemnation proceedings have not been instituted under Article 1 of Chapter 3 of this title and (B) the condemnor has first paid to the condemnee all expenses and damages accrued to the condemnee up to the date of the filing of the motion for dismissal of the condemnation action; (4) Subject to the requirements of Part 2 of this article, a municipality may purchase, borrow, rent, lease, control, manage, receive, and make payment for all personal property such as equipment, machinery, vehicles, supplies, material, and furniture which may be needed in the operation of the municipal street system and may sell or otherwise dispose of all personal property owned by the municipality and used in the operation of said municipal street system which is no longer necessary or useful in connection with the operation of said system; and it may execute such instruments as may be necessary in connection with the exercise of the foregoing powers in this paragraph; (5) A municipality and its authorized agents and employees shall have the authority to enter upon any lands in the 2 municipality for the purpose of making such surveys, soundings, drillings, and examinations as the municipality may deem necessary or desirable to accomplish the purposes of this title; and such entry shall not be deemed a trespass, nor shall it be deemed an entry which would constitute a taking in a condemnation proceeding. However, reasonable notice shall be given the owner or occupant of the property to be entered; such entry shall be done in a reasonable manner with as little inconvenience as possible to the owner or occupant of the property; and the municipality shall make reimbursement for any actual damages resulting from such entry; (6) A municipality may employ, discharge, promote, set and pay the salaries and compensation of its personnel, and determine the duties, qualifications, and working conditions for all persons whose services are needed in the construction, maintenance, administration, operation, and development of its municipal street system; and may employ or contract as independent contractors with such engineers, surveyors, attorneys, consultants, and all other employees whose services may be required, subject to the limitations of existing law; (7) Except as otherwise provided by Code Section 12-6-24, a municipality may regulate and control the use of the public roads on its municipal street system and on portions of the county road systems extending within the corporate limits of the municipality. Any municipality may regulate the parking of vehicles on any such roads in order to facilitate the flow of traffic and to this end may require and place parking meters on or immediately adjacent to any or all of such roads for the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A municipality also may place such parking meters on or adjacent to any public road on the state highway system located within the corporate limits of the municipality when authorized by the department pursuant to Code Section 32-6-2; (8) A municipality may purchase supplies for municipal street system purposes through the state, as authorized by Code Sections 50-5-100 through 50-5-102; (9) A municipality may provide lighting and maintenance thereof on any public road located within its limits; (10) A municipality may grant permits and establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, facilities, or appliances of any utility in, on, along, over, or under any part of its municipal street system and of a county road system lying within its municipal limits. However, such regulations shall not be more restrictive with respect to utilities affected thereby than are equivalent regulations promulgated by the department with respect to utilities on the state highway system under authority of Code Section 32-6-174. As a condition precedent to the granting of such permits, the municipality may require application in writing specifically describing the nature, extent, and location of the portion of the utility affected. The municipality may also require the applicant to furnish an indemnity bond or other acceptable security conditioned to pay for any damage to any part of a public road or to any member of the public caused by the work of the utility performed under authority of such permit. However, it shall be the duty of the municipality to ensure that the normal operation of the utility does not interfere with the use of any portion of the municipal street system or of a municipal extension of a county public road. The municipality may also order the removal and relocation of the utility, equipment, facilities, or appliances where such removal and relocation is made necessary by the construction and maintenance of any part of the municipal street system or municipal extension of a county public road. In so ordering the removal and relocation of a utility or in performing such work itself, the municipality shall conform to the procedure set forth for the department in Code Sections 32-6-171 and 32-6-173, except that when the removal and relocation have been performed by the municipality, it shall certify the expenses thereof for collection to its city attorney; and (a) A municipality may provide for surveys, maps, specifications, and other things necessary in supervising, locating, abandoning, relocating, improving, constructing, or maintaining the municipal street system, or any part thereof, or any activities incident thereto or necessary in doing such other work on public roads as the municipality may be given responsibility for or control of by law. (b) In addition to the powers specifically delegated to it in this title, a municipality shall have the authority to perform all acts which are necessary, proper, or incidental to the efficient operation and development of the municipal street system; and this title shall be liberally construed to that end. Any such power vested by law in a municipality, but not implemented by specific provisions for the exercise thereof, may be executed and carried out by a municipality in a reasonable manner pursuant to such rules, regulations, and procedures as a municipality may adopt and subject to such limitations as may be provided by law. 3 4. Liability of municipalities for defects in public roads (a) A municipality is relieved of any and all liability resulting from or occasioned by defects in the public roads of its municipal street system when it has not been negligent in constructing or maintaining the same or when it has no actual notice thereof or when such defect has not existed for a sufficient length of time for notice thereof to be inferred. (b) A municipality is relieved of any and all liability resulting from or occasioned by defective construction of those portions of the state highway system or county road system lying within its corporate limits or resulting from the failure of the department or the county to maintain such roads as required by law unless the municipality constructed or agreed to perform the necessary maintenance of such road. 5. Obstructing, encroaching on, or injuring public roads; leasing of property by department (a) It shall be unlawful for any person to obstruct, encroach upon, solicit the sale of any merchandise on, or injure materially any part of any public road. For purposes of this Code section, the term "obstruct" shall include without limitation the causing of any buildup of rock, gravel, mud, dirt, chemicals, or other materials by continued ingress or egress of vehicles or of any natural waters dammed or redirected by diversion to an extent which presents a hazard to the traveling public. (b) Any person who unlawfully obstructs, encroaches upon, or injures said public road shall be responsible for reimbursing the Department of Transportation or the applicable local governing authority in the case of a road which is part of a county road system or municipal street system for the costs of removal of said obstructions or encroachments and the costs of repairs to the public road incurred by such department or local governing authority, including any costs associated with traffic management; provided, however, that such costs shall be limited to those costs which are directly incurred from such damages. Costs incurred for traffic management may include, but not be limited to, costs incurred for flagging, signing, or provision of detours, provided that these activities are directly caused by the obstruction, encroachment, or injury to the public road system. The court may, in addition to any other sentence authorized by law, order a person convicted of violating this Code section to make such restitution for the offense. (c) Nothing in this Code section shall abridge or limit any authority provided by law for the installation and operation of vending machines at welcome centers, tourist centers, and safety rest areas. Nothing in this Code section shall limit in any way the department's authority to lease property to state or federal agencies, counties, or municipalities as provided for in Code Section 32-7-5, or limit the Department of Transportation's ability to grant a license to any utility or railroad corporation as defined in Code Section 46-1-1. 6. Authority of department, counties, and municipalities to regulate parking; parking vehicles or leaving vehicles unattended on right of way of public road on state highway system. Notwithstanding Code Section 40-6-200 and Code Sections 40-6-202 through 40-6-204: (1) The department may regulate and prohibit the parking of any type of vehicle on any public road on the state highway system, including extensions thereof into or through municipalities. Whenever any state or local law enforcement officer finds a vehicle parked in violation of law or the department's regulations, such officer or employee is authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same. If the vehicle is unattended, such officer is authorized to remove or provide for the removal of such vehicle to the nearest garage or other place of safety at the owner's expense. State or local law enforcement officers and the department are further authorized, with or without the consent of the owner, to remove or have removed any obstruction, cargo, or personal property which is abandoned, unattended, or damaged as a result of a vehicle accident which the department determines to be a threat to public health or safety or to mitigate traffic congestion; (2) A county may regulate and control the parking of vehicles on the county road system and to this end the county may place parking meters on or immediately adjacent to any or all such roads, except extensions into a municipality, for the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A county may also place such parking meters on or adjacent to any public road on the state highway system located within the county and outside the corporate limits of a municipality when authorized by the department pursuant to paragraph (1) of this Code section; 4 (3) A municipality may regulate and control the parking of vehicles on its municipal street system and on extensions of a county road system within its corporate limits and to this end may place parking meters on or immediately adjacent to any or all of such roads for the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A municipality also may place such parking meters on or adjacent to any public road on the state highway system located within the corporate limits of the municipality when authorized by the department pursuant to paragraph (1) of this Code section; and (4) It shall be unlawful for any person to park or leave unattended any vehicle upon the right of way of any public road on the state highway system for over 48 hours. 7. Uniform regulations governing erection and maintenance of traffic-control devices; placement, removal, defacement, damaging, or sale of devices (a) The department shall promulgate uniform regulations governing the erection and maintenance on the public roads of Georgia of signs, signals, markings, or other traffic-control devices, such uniform regulations to supplement and be consistent with the laws of this state. Insofar as practical, with due regard to the needs of the public roads of Georgia, such uniform regulations shall conform to the recommended regulations as approved by the American Association of State Highway and Transportation Officials. (b) In conformity with its uniform regulations, the department shall place and maintain, or cause to be placed and maintained, such traffic-control devices upon the public roads of the state highway system as it shall deem necessary to regulate, warn, or guide traffic, except that the department shall place and maintain a sign for each railroad crossing at grade on the state highway system, warning motorists of such crossing, provided that each railroad company shall also erect and maintain a railroad cross buck sign on its right of way at every such crossing. The department may remove or direct removal of all traffic-control devices and signs which are erected on the state highway system by any governing authority without the permission of the department. (c) In conformity with the uniform regulations of the department: (1) Counties and municipalities shall place and maintain upon the public roads of their respective public road systems such traffic-control devices as are necessary to regulate, warn, or guide traffic except that counties and municipalities also shall erect and maintain a sign for each railroad crossing at grade on their respective county road or municipal street systems, warning motorists of such crossing. Furthermore, each railroad company shall erect and maintain a railroad cross buck sign on its right of way at all such crossings; and (2) Counties, on their respective road systems, shall place and maintain on each county road which is authorized as a designated local truck route, pursuant to official resolution of the county and approval of the commissioner, at each intersection of such road with a state highway signs identifying such county road as a designated local truck route and giving notice of the maximum weight limits for such designated local truck route in accordance with subsection (f) of Code Section 32-6-26. (d) It shall be unlawful for any person to remove, deface, or damage in any way any official traffic-control device lawfully erected or maintained pursuant to this Code section or any other law. (e) No person, firm, corporation, or other entity shall offer for sale any sign, signal, marking, or other device intended to regulate, warn, or guide traffic upon the public roads of this state, unless it conforms with the uniform regulations promulgated under subsection (a) of this Code section. Any person, firm, corporation, or other entity who sells any sign, signal, marking, or other device intended to regulate, warn, or guide traffic upon the public roads of this state in violation of this Code section shall make restitution to the purchaser in an amount equal to the entire sum, plus interest, originally paid for the sign, signal, marking, or other device. Any person, firm, corporation, or other entity who knowingly sells any sign, signal, marking, or other device intended to regulate, warn, or guide traffic upon the public roads of this state in violation of subsection (a) of this Code section shall be guilty of a misdemeanor. 7. Erection, placement, or maintenance of unlawful or unauthorized structure; removal thereof; penalty for violation 5 (a) (1) It shall be unlawful for any person to erect, place, or maintain within the dedicated right of way of any public road any sign, signal, or other device except as authorized by this subsection or subsection (d) of this Code section or as required or authorized by Code Section 32-6-50 or any other law. (2) The erection, placement, and maintenance of signs within the dedicated rights of way of county roads or municipal streets may be authorized and governed by ordinances adopted by governing authorities of counties and municipalities having jurisdiction over such roads or streets, which ordinances as to such dedicated rights of way of county roads or municipal streets may be as or less restrictive than the provisions of paragraph (1) of this subsection. (b) It shall be unlawful for any person to erect, place, or maintain in a place or position visible from any public road any unauthorized sign, signal, device, or other structure which: (1) Imitates, resembles, or purports to be an official traffic-control device; (2) Hides from view or interferes with the effectiveness of any official traffic-control device; (3) Obstructs a clear view from any public road to any other portion of such public road, to intersecting or adjoining public roads, or to property abutting such public road in such a manner as to constitute a hazard to traffic on such roads; or (4) Because of its nature, construction, or operation, constitutes a dangerous distraction to or interferes with the vision of drivers of motor vehicles. (c) Any sign, signal, device, or other structure erected, placed, or maintained on the dedicated right of way of any public road in violation of subsection (a) or (b) of this Code section or in violation of any ordinance adopted pursuant to subsection (a) of this Code section is declared to be a public nuisance, and the officials having jurisdiction of the public road affected may remove or direct the removal of the same. Where any sign, signal, device, or other structure is erected, placed, or maintained in violation of subsection (b) of this Code section, but not on the dedicated right of way of any public road, the officials having jurisdiction of the public road affected may order the removal of such structure by written notice to the owner of the structure or the owner of the land on which the structure is located. If such structure is not removed within 30 days after the giving of such order of removal, such officials are authorized to remove or cause to be removed such structure and to submit a statement of expenses incurred in the removal to the owner of the structure or to the owner of the land on which the structure is located. If payment or arrangement to make payment is not made within 60 days after the receipt of said statement, the department shall certify the amount thereof for collection to the Attorney General. (d) (1) As used in this subsection, the term: (A) "Bus shelter" means a shelter or bench located at bus stops for the convenience of passengers of public transportation systems owned and operated by governmental units or public authorities or located on county or municipality rights of way for the convenience of residents. (B) "Commercial advertisements" means any printed or painted signs on a bus shelter for which space has been rented or leased from the owner of such shelter. (2) Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained on the rights of way of public roads subject to the following conditions and requirements: (A) Any public transit system wishing to erect and maintain a bus shelter on the right of way of a state road shall apply to the department for a permit, and as a condition of the issuance of the permit, the department must approve the bus shelter building plans and the location of the bus shelter on the right of way; provided, however, that such approval is subject to any and all restrictions imposed by Title 23, U.S.C., and Title 23, Code of Federal Regulations relating to the federal-aid system. This paragraph shall entitle only public transit systems or their designated agents the right to be issued permits under this paragraph; (B) If the bus shelter is to be located on the right of way of a public road other than a state road within a county or 6 municipality, application for permission to erect and maintain such shelter shall be made to the respective county or municipality. Such application shall conform to the county's and municipality's regulations governing the erection and maintenance of such structures. When the county or municipality is served by a public transit agency or authority, the applications for all bus shelters on routes of such agency or authority shall also be forwarded by the applicant to such transit agency or authority and subject to the approval of such agency or authority; and (C) As a condition of issuing a permit for the erection of a bus shelter on the right of way of a state road, the department shall require that the bus shelter shall be properly maintained and that its location shall meet minimum setback requirements as follows: (i) Where a curb and gutter are present, there shall be a minimum of four feet clearance from the face of the curb to any portion of the bus shelter or the bus shelter shall be placed at the back of the existing concrete sidewalk; or (ii) Where no curb or gutter is present, the front of the bus shelter shall be at least ten feet from the edge of the main traveled roadway. (3) Any bus shelter erected and maintained on the right of way of a public road in violation of paragraph (2) of this subsection or in violation of the conditions of the permit issued by the department or in violation of the conditions of the consent of the county or municipality is declared to be a public nuisance and if it is determined to be a hazard to public safety by the department, county, or municipality, it may be removed or its removal may be ordered by the department or the governing authority of the respective county or municipality. In every case of removal of a bus shelter as a hazard to public safety by the department, a county, or a municipality, a good faith attempt shall be made to notify the owner of its removal. In such cases where the department, county, or municipality orders the removal of the bus shelter as a public nuisance, if such a bus shelter is not removed by its owner within 30 days after its owner has been issued a written order of removal by the department or the governing authority of the respective county or municipality, the department or the governing authority of the respective county or municipality may cause the bus shelter to be removed and submit a statement of expenses incurred in the removal to the owner of the bus shelter. In the case of a statement of expenses for removal of a shelter on a state road, if payment or arrangement to make payment is not made within 60 days after the receipt of such statement, the department shall certify the amount thereof to the Attorney General for collection. (4) The person to whom a permit has been issued for the erection and maintenance of a bus shelter on the right of way of a public road or who places such shelter on a public road other than a state road shall at all times assume all risks for the bus shelter and shall indemnify and hold harmless the State of Georgia, the department, and any county or municipality against all losses or damages resulting solely from the existence of the bus shelter. (5) Permits for shelters on state roads shall be issued under this subsection only to cities, counties, or public transportation authorities owning or operating public transportation systems or their designated agents. (e) Each sign erected, placed, or maintained in violation of paragraph (1) of subsection (a) of this Code section shall constitute a separate offense. (f) Any person who violates paragraph (1) of subsection (a) of this Code section shall be punished the same as for littering under Code Section 16-7-43. Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor. 8 Department recommendation as to approval or rejection of plat submitted by planning commission A planning commission shall submit two copies of the proposed subdivision plat to the department if such proposed subdivision includes or abuts on any part of the state highway system or where the proposed subdivision requires access to the state highway system. The department, within 30 days of receipt of the plat, shall recommend approval and note its recommendation on the copy to be returned to the planning commission or recommend rejection. Failure of the department to act within this 30 day period shall constitute approval. If the plat is recommended for rejection, the reasons for rejection and requirements for approval shall be given the commission in writing; such rejection shall be binding on the planning commission unless the planning commission, by official action recorded in its minutes, overrules such department action. 7 Where the department is required to make recommendations to a planning commission under Code Section 32-6-151 or to approve a proposed plat under Code Section 32-6-152, the department, in addition to considering other factors, shall base its recommendation or approval on the following being provided for in the plat: (1) Dedication to the department in fee simple of any portion of the subdivision which includes any part of the state highway system, such dedication to include land necessary for future widening of the state highway system; and (2) An adequate provision for traffic safety in laying out public roads, drives, driveways, or access ways which enter the state highway system. 9. Payment by Department of Transportation of costs of removal and relocation of utility facilities necessitated by construction of public roads (a) The department is authorized to pay or participate in the payment of the costs of removing and relocating any of the following facilities or any component part thereof if they are owned by a municipal corporation, county, state agency, or by an authority created under the laws of Georgia pertaining to public utilities, without regard to whether such facilities were originally installed upon rights of way of the state highway system or a county road system or a municipal street system, where such removal and relocation is made necessary by the construction or maintenance of any public road by the department: water distribution and sanitary sewer facilities and systems for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, steam, waste, and storm water not connected with highway drainage, including fire and police signals, traffic-control devices, and street lighting systems. (b) As to municipal corporations, counties, state agencies, and authorities controlled by such municipal corporations, counties, or other state agencies, the department is authorized to waive provisions in existing permits and agreements in conflict with this article. (c) The costs of removing and relocating the facilities listed in subsection (a) of this Code section, which costs the department is authorized to pay or participate in by this Code section, shall be limited to the costs of removing and relocating those facilities which are physically in place and in conflict with proposed construction and, where replacement is necessary, to the costs of replacement in kind. That proportion of the costs representing improvement or betterment in a facility shall be excluded from the costs eligible for payment or participation by the department under this Code section, except to the extent that such improvement or betterment is made necessary by the public road construction or maintenance. (d) All costs incurred by the department under this Code section shall be deemed to be a part of the costs of the project requiring removal and relocation of any of the facilities listed in subsection (a) of this Code section. 10.. Authority of department to order removal and relocation of utility facilities; giving notice to utility; procedure by department upon failure of utility to remove facility (a) Any utility using or occupying any part of a public road which the department has undertaken to improve or intends to improve shall remove and relocate its facility when, in the reasonable opinion of the department, the facility constitutes an obstruction or interference with the use or safe operation of such road by the traveling public or when, in the reasonable opinion of the department, the facility will interfere with such contemplated construction or maintenance. (b) Whenever the department reasonably determines it necessary to have a utility facility removed and relocated, the department shall give to the utility at least 60 days' written notice directing the removal and relocation of such utility obstruction. If the utility does not thereafter begin removal within a reasonable time sufficient to allow for engineering and other procedures reasonably necessary to the removal and relocation of the utility facility, the department may give the utility a final notice directing that such removal shall commence not later than ten days from the receipt of such final notice. If such utility does not, within ten days from receipt of such final notice, begin to remove or relocate the facility or, having so begun removal or relocation, thereafter fails to complete the removal or relocation within a reasonable time, the 8 department may remove or relocate the same with its own employees or by employing or contracting for the necessary engineering, labor, tools, equipment, supervision, or other necessary services or materials and whatever else is necessary to accomplish the removal or relocation; and the expenses of such removal or relocation may be paid and collected as provided in Code Section 32-6-173. 11. Authority of department to obtain replacement right of way for relocated utility (a) Whenever a public road improvement necessitates the acquisition by the department of a utility's privately owned rights of way and the relocation of such utility's facilities, the department may, with the written consent of the utility, provide a replacement right of way. (b) Whenever a public road improvement requires the relocation of a utility occupying public road rights of way, the department may, at the written request of such utility, provide to the utility a right of way which is not on a public road right of way. In this event, the utility shall reimburse the department for the acquisition costs. (c) Title to property acquired for utility relocations under subsection (a) or (b) of this Code section and as authorized by Code Section 32-3-1 may be transferred to such utility as authorized in Code Section 32-7-3. However, the procedures for sale of property as set forth in Code Section 32-7-4 shall not be applicable to the transfer of property acquired for utility relocation. Any such property transfer to the utility shall be conveyed by the execution of a quitclaim deed by the commissioner. 12. Payment of expenses of removal and relocation of utility facilities The expenses incurred by the department as a result of utility removal and relocation pursuant to subsection (b) of Code Section 32-6-171, including the cost of acquiring new land or interests therein pursuant to subsection (b) of Code Section 32-6-172, shall be paid out of the available appropriations of the department for the construction or maintenance of public roads. A statement of such expenses shall be submitted to the utility, which shall make payment to the department. In the event the utility does not make payment or arrange to make payment to the department within 60 days after the receipt of said statement, the department shall certify the amount for collection to the Attorney General. However, nothing in this Code section shall restrict the authority of the department pursuant to Code Section 32-6-170 to pay any or all of the expenses of removal and relocation of government owned utilities; and, furthermore, nothing in this article shall be construed so as to deprive any utility, relocated from a location in which it owned a property interest, of compensation for such property interest. 13. Authority of department, counties, and municipalities to substitute for, relocate, or abandon public roads Whenever deemed in the public interest, the department or a county or a municipality may substitute for, relocate, or abandon any public road that is under its respective jurisdiction, provided that a county or municipality shall first obtain the approval of the department if any expenditure of federal or state funds is required. 14. Procedure for abandonment (a) (1) Before abandoning any public road on the state highway system, the department shall confer with the governing authority of the counties or municipalities concerned and give due consideration to their wishes in such abandonment; but in case of disagreement the judgment of the department shall prevail. (2) When it is determined that a section of the state highway system has for any reason ceased to be used by the public to the extent that no substantial public purpose is served by it and after having conferred with the counties and municipalities, the department, by certification signed by the commissioner and accompanied by a plat or sketch, may declare that section of the state highway system abandoned. Thereafter, that section of road shall no longer be a part of 9 the state highway system and the rights of the public in and to the section of road as a public road shall cease. (3) Prior to certifying the abandonment of a road or section thereof, the department shall give notice of its intentions to the counties or municipalities through which such road passes. (4) If such county or municipality, by proper resolution, indicates its willingness and desire to take over the road that is proposed to be abandoned and to maintain such road, the certificate of abandonment shall so state; and thereafter the abandoned road shall form part of the county road or municipal street system of the particular county or municipality. Whenever the department abandons a road and a county or a municipality takes over the road, the department shall convey, by quitclaim deed executed by the commissioner, such road to the county or municipality. If the appropriate county or municipality is unwilling to take over the road and maintain it, the property may be disposed of by the department as provided in Code Section 32-7-4, provided that, if the county or municipality has not indicated its desire to take over the road within 30 days after receiving notice, it shall be conclusively presumed that the county or municipality is unwilling to take over the road; and provided, further, that before the department disposes of the abandoned road it shall give 15 days' notice to the county or municipality, during which time such county or municipality may reconsider its decision and take over the road. (b) (1) When it is determined that a section of the county road system has for any reason ceased to be used by the public to the extent that no substantial public purpose is served by it, the county, by certification recorded in its minutes, accompanied by a plat or sketch, and, after notice to property owners located thereon, after notice of such determination is published in the newspaper in which the sheriff's advertisements for the county are published once a week for a period of two weeks, and after a public hearing on such issue, may declare that section of the county road system abandoned. Thereafter, that section of road shall no longer be part of the county road system and the rights of the public in and to the section of road as a public road shall cease. (2) Prior to certifying the abandonment of a road or section thereof, the county shall give notice of its intention to the municipality into which or through which any part of such road passes. (3) If such municipality, by proper resolution, indicates its willingness and desire to take over the road that is proposed to be abandoned and to maintain such road, the certification of abandonment shall so state; and thereafter that part of the abandoned road within the municipality shall form part of the municipal street system of the particular municipality. Whenever a county abandons a road and a municipality takes over the road, the county, by quitclaim deed executed by the chairman or presiding officer, shall convey such road to the municipality. If such municipality is unwilling to take over the road and maintain it, the property may be disposed of by the county as provided for in Code Section 32-7-4, provided that, if the municipality has not indicated its desire to take over the road within 30 days after receiving notice, it shall be conclusively presumed the municipality is unwilling to take over the road; and provided, further, that before the county disposes of the abandoned road it shall give 15 days' notice to the municipality during which time such municipality may reconsider its decision and take over the road. (c) When it is determined that a section of the municipal street system has for any reason ceased to be used by the public to the extent that no substantial public purpose is served by it, the municipality, by certification recorded in its minutes, accompanied by a plat or sketch, and after notice to property owners located thereon, may declare that section of the municipal street system abandoned. Thereafter, that section of road shall no longer be a part of the municipal street system and the rights of the public in and to that section of street as a public road shall cease. The property may be disposed of by the municipality as provided in Code Section 32-7-4. 15. Authority of department, counties, and municipalities to dispose of property no longer needed for public road purposes Whenever any property has been acquired in any manner by the department, a county, or a municipality for public road purposes and thereafter the department, county, or municipality determines that all or any part of the property or any interest therein is no longer needed for such purposes because of changed conditions, the department or the county or municipality is authorized to dispose of such property or such interest therein in accordance with Code Section 32-7-4. Any disposition of property acquired for utility relocation, as provided for in Code Section 32-6-172, or on which utilities are located shall not be subject to Code Section 32-7-4; and no provision of this title shall be construed to prevent the 10 department from conveying to the federal government land or interests in land acquired for federal parkways in Georgia, as provided in Article 2 of Chapter 3 of this title. 16. Procedure for disposition of property (a) (1) In disposing of property, as authorized under Code Section 32-7-3, the department, a county, or a municipality shall notify the owner of such property at the time of its acquisition or, if the tract from which the department, a county, or a municipality acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from whom the department, a county, or a municipality acquired its property. The notice shall be in writing delivered to the appropriate owner or by publication if his address is unknown; and he shall have the right to acquire, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the county where the property is located. (2) When an entire parcel acquired by the department, a county, or a municipality, or any interest therein is being disposed of, it may be acquired under the right created in paragraph (1) of this subsection at such price as may be agreed upon, but in no event less than the price paid for its acquisition. When only remnants or portions of the original acquisition are being disposed of, they may be acquired for the market value thereof at the time the department, county, or municipality decides the property is no longer needed. (3) If the right of acquisition is not exercised within 60 days after due notice, the department, county, or municipality may proceed to sell such property as provided in subsection (b) of this Code section. (b) (1) (A) Unless a sale of the property is made pursuant to paragraph (2) or (3) of this subsection, such sale shall be made to the bidder submitting the highest of the sealed bids received after public advertisement for such bids for two weeks. The department or the county or municipality shall have the right to reject any and all bids, in its discretion, to re- advertise, or to abandon the sale. (B) Such public advertisement shall be inserted once a week in such newspapers or other publication, or both, as will ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one week after the first publication. Such advertisement shall include but not be limited to the following items: (i) A description sufficient to enable the public to identify the property; (ii) The time and place for submission and opening of sealed bids; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. (2) (A) Such sale of property may be made by a county or municipality by listing the property through a real estate broker licensed under Chapter 40 of Title 43 who has a place of business located in the county where the property is located or outside the county if no such business is located in the county where the property is located. Property shall be listed for a period of at least three months. Such property shall not be sold at less than its fair market value. All sales shall be approved by the governing authority of the county at a regular meeting and shall be open to the public at which meeting public comments shall be allowed regarding such sale. (B) Commencing at the time of the listing of the property as provided in subparagraph (A) of this paragraph, the county or municipality shall provide for a notice to be inserted once a week for two weeks in the legal organ of the county indicating the names of real estate brokers listing the property for the political subdivision. The county or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such 11 property pursuant to the provisions of paragraph (1) of this subsection. (3) (A) Such sale of property may be made by a county or municipality to the highest bidder at a public auction conducted by an auctioneer licensed under Chapter 6 of Title 43. Such property shall not be sold at less than its fair market value. (B) The county or municipality shall provide for a notice to be inserted once a week for the two weeks immediately preceding the auction in the legal organ of the county including, at a minimum, the following items: (i) A description sufficient to enable the public to identify the property; (ii) The time and place of the public auction; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. The county or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) of this subsection. (c) Any conveyance of property shall require the approval of the department, county, or municipality, by order of the commissioner on behalf of the department and, in the case of a county or municipality, by resolution, to be recorded in the minutes of its meeting. If the department or the county or municipality approves a sale of property, the commissioner, chairman, or presiding officer may execute a quitclaim deed conveying such property to the purchaser. All proceeds arising from such sales shall be paid into and constitute a part of the funds of the seller. 17. . Leasing property not needed for public road purposes (a) In order that any interest in real property acquired for public road or other transportation purposes may be used most economically, the department, counties, or municipalities, in addition to the authority granted in Code Section 32-7- 3 to dispose of property no longer needed and in subsection (b) of Code Section 32-3-3 to exchange property, may, notwithstanding Article 2 of Chapter 16 of Title 50, the "State Properties Code," improve, use, maintain, or lease any interest in property acquired for public road or other transportation purposes that is not presently needed for such purposes. (b) If the department, a county, or municipality decides to lease any such property or interest therein, the owner of such property at the time of its acquisition or his successor in interest shall have the right to lease such property at an appraised fair market value to be determined by the department, county, or municipality for such period of time until the property is needed for public road or other transportation purposes. However, if at the time of acquisition such property was leased to a tenant, the tenant, instead of the owner or his successor in interest, shall have the first right to lease such property at the appraised fair market value. If the owner, his successor in interest, or the tenant of the property does not lease such property, the department, county, or municipality shall have the right to lease such property at a price equal to the highest sealed public bid, if the bid is acceptable to the department, county, or municipality, for such period of time until the property is needed for public road or other transportation purposes. If no bids or bids which are insufficient are received, the department, county, or municipality may readvertise for new public bids. The department, county, or municipality may negotiate a lease with any state or federal agency, county, or municipality without the aforesaid requirement of sealed bids or leasing to the former owner. The department, county, or municipality shall have the right to impose reasonable restrictions, terms, or conditions on the use of such leased property. 12 (c) Separate and distinct from the department's authority to lease property in subsection (b) of this Code section, the department has the authority to negotiate a lease of any property contained within the rights of way of any nonlimited- access public road and not presently needed for public road purposes or rights of way under bridges or viaducts on limited-access public roads and not presently needed for public road purposes. If the department decides to lease any such property, the property shall be leased, at an appraised fair market value to be determined by the department, to the owner or the lessee of the property adjacent to the department's rights of way for the purposes of parking. Such property shall only be used for the purposes of providing parking and shall not be subleased without the department's prior approval. Plans for the use of said property must be submitted to and approved by the department prior to any construction. Regardless of any financial expenditures by the lessee, no lease granted under this subsection shall merge into and become a property interest of the lessee or a sublessee. The department shall reserve the right to terminate any lease without cause upon 30 days' written notice to the lessee. Notwithstanding any provisions of Code Section 48-2-17, all net revenues derived from the lease of any of the department's property used for the purposes of providing parking shall be utilized by the department to offset the cost of maintaining the public roads of the state. (d) Unless said property or interest therein is leased to a tax-exempt person or body, it shall be subject to all applicable taxes, both real and personal. (e) The department or any county or municipality may negotiate a lease with any state or federal agency, county, or municipality for the use of the property for any purpose for which the agency, county, or municipality may put property it owns in fee and without complying with the requirement for sealed bids or leasing to the former owner contained in this Code section. 13 Driveway Manual 1. PURPOSE This document is intended to clearly define the process of constructing a legal access point or any other work in the right of way of County Roads in unincorporated Fulton County. To accomplish this we are modifying sections three through five of the Georgia Department of Transportation document “Regulations for Driveway and Encroachment Control” and adopting this modified version. Any variance to the standards set forth in this manual must be in the form of a written appeal to the Director of Public Works, along with the appropriate studies to support the variance request. 2. DRIVEWAY SPACING As drivers approach each intersection along a roadway, they are often presented with decisions and may be required to stop or make various maneuvers. When exiting the roadway, it is necessary to decelerate and in some cases, to change lanes. It may also be necessary to adjust speeds in reaction to other vehicles entering into the arterial traffic stream. Driveways should be spaced so that drivers can perceive and react to the conditions at each intersection in succession. Spacing between driveways should be at least equal to the distance traveled, at the posted speed limit, during the normal perception and reaction time plus the distance traveled as the vehicle decelerates to a stop. Each intersection also requires a certain amount of storage space for vehicles waiting to enter. The distance between intersections should be great enough to provide this storage, allowing each intersection to have its functional boundary separated from those of the next intersection. Crash data also indicates that as the number of driveways along a roadway increases so do accident rates. Meeting the spacing criteria is not, in itself an indication that driveways will be allowed. Guidelines for driveway spacing, associated with the construction of new driveways, are provided in Table 3-1. Driveways should be separated from any other facility, which accesses a County roadway, whether it is another driveway or a public street. Minimum spacing requirements also apply to driveways on the opposite side of undivided roadways. Requirements for the length of right and left turn lanes, as shown in Table 11 and Table 13, may increase the minimum allowable spacing shown in Table 1. 14 Table 1: Driveway Spacing Criteria Spacing of One-Way Driveways Figure 1 shows a typical layout of one-way driveways. The spacing criteria presented in Table 1 does not apply to the distance between the two one-way driveways (driveway pair). A driveway pair must be separated from another driveway pair by the distance as shown in Table 1. A driveway pair must also be separated from an adjacent two-way driveway in accordance with the spacing criteria in Table 1. Figure 1: Spacing Criteria for One-Way Driveways Placement of Driveways Not only must driveways be spaced from other driveways as provided above, they must also be located a minimum distance from the property line. The radius return must be a minimum of 5’ from the property line. When driveways are to be jointly used by two or more property owners, the property line separation requirements given in the above paragraph can be waived. However, a joint use agreement signed by the affected property owners must be provided to the Access Management Engineer. Either property owner may apply for the driveway permit. Driveway Spacing Driveways should align with other driveways located on the opposite side of the roadway. If offset driveways cannot be avoided, the same driveway spacing criteria as given in Table 1 should be provided, to provide space for left turns. Figure 2 shows how the spacing is measured for locating offset driveways on undivided roadways. Spacing is from Center to Center. POSTED SPEED, MPH DRIVEWAY SPACING MINIMUM FT 25 200 30 250 35 300 40 300 45 300 50 300 55 350 15 Figure 2: Spacing of Offset Driveways If the County roadway involved is a divided facility and the driveways do not align with a median crossover, the driveway spacing would only apply to the adjacent driveway located on the same side of the roadway as shown above in Figure 2. Residential Driveways Driveways serving single family residential homes or townhouses do not have to adhere to the standards set forth in the previous sections, as they have a less significant impact than a new street or commercial driveway. Not more than two private curb cuts may be located on any one street frontage for any one dwelling. When there are two curb cuts on any one street frontage, there shall be a safety zone between the cuts not less than ten feet, as measured along the curbline. In no case shall the curb cut be less than five feet from the side property line as measured along the right-of-way line. The curb cut shall not encroach upon the radius of the curb at a street corner. Not more than one private curb cut may be located on any one street frontage for any one dwelling where the street is classified as a Collector or higher order street. If a lot has access to more than one frontage, it may not have any private curb cuts on a street that is classified as a Collector or higher order street. If both frontages are classified as Collector or higher order streets, then the curb cut may be on the frontage with the lowest classification, or as designated by the Public Works Department. 16 Spacing of Median Crossovers When the applicant is requesting a median crossover on a divided roadway, the spacing standards shown in Table 2 apply. CROSSOVER SPACING IN FEET CONDITION Desirable Minimum RURAL 2640 1320 URBAN 1320 660 Table 2: Spacing of Median Crossovers Other factors will also be considered, such as distance to other median openings, adjacent land use, expected traffic volumes, and the resulting volume of U-turns that are likely to occur without the median opening. Meeting the spacing criteria is not, in itself, an indication that median openings will be allowed. Spacing of Signalized Intersections This section is provided to assist the applicant’s engineer in designing sites that may need signalized points of access to the County roadway. Table 3 contains guidelines for the spacing that should be provided between signalized intersections. SIGNAL SPACING IN FEET CONDITION Desirable Minimum RURAL 2640 1320 17 URBAN 1320 1000 Table 3: Spacing of Signalized Intersections The spacing guidelines provided above are indicative of conditions that normally offer better signal progression for arterial traffic flow. It is recognized that under certain conditions, better operation may result from the introduction of signals with less spacing if the alternative forces high volumes of traffic to an adjacent intersection. When the applicant can show, through an alternatives analysis, that better operations can be achieved with less spacing, the Department of Public Works will consider an exception to the provisions of Table 3. 3. DESIGN CRITERIA The design of driveways shall comply with the guidelines of AASHTO’s A Policy on Geometric Design of Highways and Bridges, current edition. However, this manual provides a summary of the minimum design constraints that will be checked during the plan review process. The geometric design of an intersection is a collection of various elements such as radius, width, grade, angle of intersection, etc. that, in combination, provide for satisfactory operation of the vehicles that will use the intersection. Since the operating characteristics vary dramatically for different types of vehicles, the designer must first establish the design vehicle on which to base the driveway design. The designer should also check the final design to ensure the design vehicles can operate satisfactorily. Design for Trucks The design criteria given in this chapter has more stringent requirements for trucks. Even though the general use of such guidance would result in more desirable operations for all vehicles, it is neither practical nor necessary to design all facilities to accommodate trucks. The designer must use judgment in selecting the proper design vehicle. When semi trailer combination trucks are expected to use the intersection on a regular basis and in numbers more than just an occasional vehicle, then the intersection should be designed to accommodate the truck movements. This includes most driveways designed for industrial use and many commercial driveways. For commercial uses such as shopping centers, the preliminary site plan should indicate where heavy duty pavement would be provided to accommodate truck access to loading docks. Any driveway associated with access/egress for the loading docks should use the truck radii. Minor movement driveways, particularly those that allow only right turns will generally only be used by passenger cars. Driveway Width When traffic impact studies are required, the driveway shall be designed to provide the number of lanes recommended in the study. The findings within the study supersede the standards set forth in Table 4. Standard lane widths are 12’. When the need for multiple lanes is not established from a traffic impact study, the minimum and maximum driveway widths are as set forth in Table 4. Table 4: Driveway Widths DRIVEWAY USE WIDTH IN FT. MINIMUM MAXIMUM Current Residential GA Std. 14 18 Current Commercial (One Way) GA Std 16 20 Current Commercial (Two Way) GA Std 24 40 18 Corner Radii Corner radii are generally established by the minimum path of the inside wheels of the design vehicle when making a right turn. The minimum corner radii to be used for driveways are given in Table 5. DRIVEWAY USE MINIMUM RADIUS IN FEET Residential 30 Commercial 35 When Designed For Trucks 75 Table 5: Minimum Corner Radii Left Turning Control Radii The path of the inside wheels during left turns is also important for the design of median openings and intersections with dual left turn lanes. Table 6 contains guidelines for minimum left turning radii. Driveway Use Control Radius in Feet Residential 40 Commercial 50 Table 6: Left Turning Control Radius Median Crossover Design Driveways onto divided County roadways where full access is to be provided shall be designed in accordance with Georgia DOT Construction Details for Median Crossovers. The detail has two types of designs (See Figure 3) that are applicable in different situations in unincorporated Fulton County. Type A median crossovers will not be permitted. Type B Median Crossover Type B median crossovers are required when the projected volume of the left turn movement exceeds 50 vehicles per hour per direction and/or when the median width is sufficient to offset the left turn lane from the adjacent through lane. This design provides better sight distance for vehicles in the left turn lane. This is important for unsignalized intersections and when unprotected turns are allowed at signalized intersections. Type C Median Crossover Type C median crossovers are typically used in urban areas where the median width is limited to approximately 24’ or less. With this type of crossover, it may be necessary to add pavement to the opposite edge in order to accommodate u- turns. Table 7 illustrates the minimum pavement width that is required for vehicles to make u-turns. The required width is given for passenger cars and for WB-50 trucks. However, provisions for u-turns at median openings are normally based on passenger cars. 19 Figure 3: Median Crossover Design Driveway Use Minimum Width in Feet Passenger Car 48 WB - 50 Truck 90 Table 7: Minimum Road Width for U-Turns 20 Sight Distance Driveways should be located to provide adequate sight distance. Minimum intersection sight distance criteria are provided in Table 8. The line of sight establishes the boundary of a sight triangle, within which there should be no sight obstruction. Any location where the sight line leaves the right-of-way, a permanent maintenance easement must be filed, and the area must be graded, landscaped, and kept free of objects such that sight distance is not compromised. The driver’s eye should be located four feet off the centerline of the side street in the outbound lane. The object should be located at the center of the closest oncoming travel lane. Table 8: Intersection Sight Distance Requirements The sight distance criteria are based on the time required for a vehicle to make a left turn from a stop- controlled approach to the County roadway (AASHTO Case B1). The time to execute the maneuver is based on recommendations contained in NCHRP Report 383, Intersection Sight Distance. The sight distances, for a two-lane road, are the distances traveled at the arterial speed during 7.5 seconds. The time is increased by 0.5 seconds for each additional lane to be crossed. The sight distances given in Table 8 are for undivided roadways. If the roadway is divided, the effect of the median should be considered in determining the required sight distance. Based on the conditions, it may be feasible for the crossing maneuver to be done in two stages with a stop in the median. However, the intersection should only be treated in this manner if the signing and marking is accordingly provided. Otherwise, the sight distance requirements should be increased to account for the additional width that must be crossed. See AASHTO Green Book, Chapter 9 Intersections, for adjustments due to grades greater then 3% and design vehicles other than passenger cars. Horizontal Alignment In general, the horizontal alignment of driveways should be designed using a tangent section from the centerline of the County roadway and extending to the property line. Horizontal curves should be sufficient to provide safe operations at speeds that would normally occur in the areas where they are constructed. Angle of Intersection Intersecting driveways and roads should generally meet at or nearly at right angles. Driveways and roads intersecting at acute angles create sight limitations that should be avoided. In some cases, a more suitable overall design can be achieved by allowing intersecting angles other than 90 degrees. Table SIGHT DISTANCE IN FEET ARTERIAL SPEED (MPH) 2 Lane 3 and 4 Lanes 5 and 6 Lanes SDL=SDR SDL SDR SDL SDR 30 335 350 375 400 420 35 390 410 440 465 490 40 445 470 500 530 560 45 500 530 560 595 630 50 555 590 625 660 700 55 610 650 685 730 770 21 9 gives the minimum angle of intersection that will generally be allowed for driveways designed to accommodate two- way traffic flow. Table 9: Minimum Angle of Intersection for Two- Way Driveways Alignment of Approach and Departure Lanes Driveways should be designed and constructed so as to align with driveways or streets on the opposite side of the roadway. The alignment of through movements crossing the roadway should be such that abrupt shifts in the travel pattern are not required. Auxiliary Turn Lanes When any auxiliary turn lane that extends beyond the applicant property frontage, the applicant will be responsible for acquiring the necessary rights of way and easements in order to accomplish the necessary frontage improvements. Minimum Requirements for Deceleration Lanes The provisions of this section shall generally apply to auxiliary lanes installed on the approach to an intersection that provide for deceleration and storage of vehicles waiting to turn right or left. Such lanes are always beneficial and will be required in conjunction with commercial driveway permits when projected traffic volumes exceed minimum levels as provided in the sections below. Right turn deceleration lanes must be constructed at no cost to the County if either the Average Daily Traffic (ADT) or right turning volumes shown in Table 10 are met. Passing lane sections fall under the criteria for two or more lanes. 35-40 mph > 40 mph 35-40 mph > 40 mph Main Roadway ADT 8,000 4,000 12,000 10,000 Daily Right Turning Volume 150 75 150 75 Peak Hour Right Turning Volume 15 7 15 7 Two lanes on main road More than two lanes on main road Table 10: Minimum Volumes Requiring Deceleration Lanes In the event the Fulton County Traffic Engineer feels that field conditions or other factors indicate that it would be in the best interest of the County to waive the decel lane requirement, the County Traffic Engineer must document the recommendations. The recommendations shall be approved by the Director of Public Works and be attached to the Permit. The County Traffic Engineer may also require the addition of a right turn lane, even when the conditions in Table 10 are not met, if roadway geometry or field conditions indicate that the safety of the traveling public would be improved. The recommendation must be documented and approved by the Director of Public Works for inclusion with the Permit. Driveway Use Minimum Angle of Intersection (A) in Degrees Residential 80 Commercial 85 When Designed for Trucks 88 22 The right of way for deceleration lanes may be dedicated in fee simple to the County for the County to maintain or the applicant must sign an agreement with the County to maintain the lane to the County’s standards and to hold harmless the County in the event that section of roadway is identified in any liability action. A Limited Warranty Deed is not acceptable when right of way is donated to the County. The pavement specifications for deceleration lanes must be Georgia DOT Standard Specifications for Construction of Roads and Bridges, except as approved by the Director of Public Works in cases where a lesser design may be acceptable or where a proposed project is expected to tie in. Deceleration Lane Design This section provides the design guidelines that should be used to establish the lengths of turn lanes if they are required. Turn lanes should provide a full-width lane that is long enough to allow for vehicles to decelerate from the operating speed to a full stop in addition to the length of full-width lane that is needed to store vehicles waiting to turn. Table 11 contains guidelines for lengths of tapers and full-width turn lanes for deceleration right turn lanes. Table 11: Minimum Deceleration Lane Lengths When traffic studies are conducted, the length of full-width lane needed for storage should be determined. If the length of full-width storage is greater than the length of full-width storage shown in Table 11, the longer length should be provided. At signalized intersections, the amount of storage for both right and left turns can be based on the number of vehicles arriving during 1.5 signal cycles. For unsignalized intersections, a commonly used rule of thumb is that left turn storage should accommodate vehicles arriving during a two-minute period. Minimal storage is required for right turn lanes at unsignalized intersections. Minimum Requirements for Left Turn Lanes Left turn lanes must be constructed at no cost to the County if either the ADT or left turning volumes shown in Table 12 are met. Passing lane sections fall under the criteria for two or more lanes. 35-40 mph > 40 mph 35-40 mph > 40 mph Main Roadway ADT 6,000 4,000 10,000 8,000 Daily Left Turning Volume 300 200 300 200 Peak Hour Left Turning Volume 30 20 30 20 Two lanes on main road More than two lanes on main road Table 12: Minimum Volumes Requiring Left Turn Lanes In the event the Fulton County Traffic Engineer feels that field conditions or other factors indicate that it would be in the best interest of the County to waive the left turn lane requirement, the County Traffic Engineer must document the recommendations. The recommendations shall be approved by the Director of Public Works and be attached to the Permit. The County Traffic Engineer may also require the addition of a left turn lane, even when the conditions in Table 12 are not met, if roadway geometry or field conditions indicate that the safety of the traveling public would be improved. The recommendation must be documented and approved by the Director of Public Works for inclusion with the Permit. Speed, mph Full Width Storage, ft Taper, ft 35 100 50 40 150 50 45 175 100 50 225 100 55 250 100 23 Left Turn Lane Design The design of left turn lanes should consider the intended function and the characteristics of the roadway. In many cases, it is necessary to widen the existing roadway to introduce the left turn lane. All vehicles approaching the turn lane are shifted to the right. The left turning traffic is then shifted back into the lane. Through traffic is returned to its original lane beyond the intersection. When the roadway has a median that is at least 20 feet wide, the left turn lane can be developed out of the median, avoiding the need for transitions. If a proposed driveway aligns across the main street with another driveway, and the proposed driveway must provide a left turn lane and left turn storage, then adequate storage and tapers must also be provided for the driveway across the main street. The basic design elements of left turn lanes are illustrated in Table 13. This example shows symmetrical widening, which basically requires the through traffic on each side to shift by one half of the lane width. Some circumstances may dictate that all widening be achieved on one side, which requires a full lane shift for through traffic on the side where the additional width is developed. Table 13 provides guidelines for selecting the proper length of approach taper. Approach Taper in Feet Posted Speed Limit (MPH) 6’ Shift 12’ Shift Bay Taper in Feet Full Width Storage 35 125 250 50 See Table 14 40 160 320 50 See Table 14 45 270 540 100 See Table 14 50 300 600 100 See Table 14 55 330 660 100 See Table 14 Table 13: Minimum Design Elements of Left Turn Lanes The example shown in Table 13 has straight-line tapers. These are acceptable but other designs may also be used, including the following: partial tangent tapers, symmetrical reverse curve, and asymmetrical reverse curve. See latest edition of AASHTO green book for details. The required length of full-width storage is based on the peak hour traffic volumes. This should be determined in the traffic study. The amount of storage is dependent on the type of traffic control in effect. For signalized intersections, the storage should be sufficient to accommodate the 95th percentile peak hour queue. At yield-controlled intersections, the storage is based on the number of vehicles as designated in Table 14. 24 Speed Limit of Road Peak Hour Equivalent 35 mph 40 mph 45 mph 55 mph Left Turn Nieghborhood Queue Queue Queue Queue Volume Size (# of lots) Feet Feet Feet Feet 30 to 36 80 to 104 95 95 95 95 37 to 84 to 268 115 115 115 115 85 to 100 to 325 135 135 135 135 101 to 125 to 417 135 135 155 175 126 to 150 to 511 155 155 175 190 151 to 175 to 607 175 175 190 210 176 to 200 to 704 190 190 210 210 Table 14: Left Turn Storage Requirements Raised Islands Islands are an important form of intersection channelization that is often needed to prohibit undesirable movements, define the paths of allowed movements, and provide a refuge area for pedestrians. Any location where two outbound lanes are proposed for a driveway at an unsignalized location, the right line must be for right-out only movement, and separated from the other lane by a raised island. Painted lines are an effective means to direct the paths of vehicular movement. However, raised islands are more effective during times when visibility is reduced. When islands are to serve as pedestrian refuge areas, they should be constructed as raised islands. All sign posts to be placed within concrete area must have hole through pavement structure. The hole may be either formed, drilled or sawed. Raised islands should be large enough to command attention and accommodate wheelchairs. The smallest raised island should have an area of 50 square feet in urban areas and 75 square feet in rural areas. However, 100 square feet is desirable in both cases. (Refer to revised ADA standards) When multiple crosswalks are required to pass through islands, the required size may exceed the 100 square feet mentioned above. The additional area may be required to install wheelchair ramps. As an alternate to ramps, the pedestrian travel way can be “slotted” through the island, remaining on the grade of the roadway. Figure 4 shows a typical design for a raised corner island at a two-lane driveway. This design uses a radius of 65’ and provides an island of sufficient size for wheelchair ramps and level landings. Figure 4 also contains a median island along the driveway. This drawing does not imply that median islands or corner islands are required for all driveways. However, large painted islands may not serve the intended channelization purpose and the type island to be used should be based on the actual circumstances of the site. Raised islands should be offset from the edge of the adjacent travel lane on all sides. The amount of offset shall be a minimum of 18” as measured from the edge of the travel lane to the face of the curb. When raised islands are adjacent to roadways with posted speed limits of 50 MPH or greater, the island shall be offset from the edge of the roadway by a minimum distance of 10’. 25 Figure 4: Design of Raised Islands Right-In, Right-Out Driveways Raised islands are also typically used to channelize the movements at a driveway where only right turns are allowed. The raised island is an effective means of preventing left turns. All right-in, right-out islands must have a radius that is 70’, or 26 a compound curve that approximates 70’. Right-in, right-out driveways are not intended for truck traffic, so the exit and entrance lanes must be 12’ in width as measured from face of curb to face of curb. The island must be constructed from mountable curb (3” vertical, 45 degree face, 3” flat) to accommodate emergency vehicles. The edge of the island should be offset 18” to 24” from the edge of the travel lane. Pavement Design All construction, within the right of way, of surfaces intended for travel by motorized vehicles shall be paved. The pavement specification of auxiliary lanes on County roadways shall be the Georgia DOT Standard Specifications for Construction of Roads and Bridges, or as designated in Fulton County Standards, whichever is more restrictive. New developments are required to widen the road along their frontage to a uniform lane width of twelve feet. If the widened area is two feet or less in width, a concrete sub-base should be provided per the current standards. The developer must then either pave the entire width of the road, or mill to the centerline and pave to match the existing road. Any deviation from this standard requires a waiver from the Director of Public Works or his designee. Pedestrian Considerations When driveways are constructed in areas where pedestrian activity is not prohibited, the design should adequately provide for pedestrian movement and interaction with vehicular traffic. Pedestrian features that should be considered include sidewalks, crosswalks, traffic control features, and curb ramps are required. The Americans With Disabilities Act Accessibility Guidelines must be utilized where pedestrian traffic is expected. Figure 5 contains typical locations for curb cut ramps. Ramps are required at all pedestrian crosswalks where curb is constructed or replaced. The required crosswalk detail is also shown in Figure 5. See current GDOT Construction Details for the appropriate treatment. 27 Figure 5: Typical Crosswalk Details Clear Zone Requirements 28 Experience has shown that motorists occasionally run off the roadway and providing a traversable recovery area can lesson serious injury. AASHTO publishes a Roadside Design Guide that should be used as a reference when designing driveways. Table 15 provides the clear zone distances as contained in the Roadside Design Guide. Driveways must be designed so that all areas within the roadway right of way have clear zones as defined in Table 15. Table 15: Clear Zone Distances (in Feet from Edge of Traveled Way) Notes: * Clear zones may be limited to 30’ ** Fixed objects should not be present in the vicinity of the toe of these slopes. The width of the recovery zones should consider a number of factors including right of way availability, economic factors, safety needs, and accident history. All areas located within the clear zones should remain clear of obstructions such as bridge abutments, poles, trees, etc. If obstructions are unavoidable, the design should include appropriate protection such as break-away design, guardrail installation, safety end treatments on culverts, etc. The Roadway Design Guide includes a table for horizontal curve adjustments, where the clear zone correction factor is applied to the outside of curves only. Curves flatter than a 2860 foot radius do not require an adjusted clear zone. Right of Way Requirements In order to construct driveways, it is often necessary to construct improvements to the County roadway. These improvements typically include the addition of lanes along the County roadway such as a deceleration lane. If sufficient right of way exists, improvements to the County roadway may be permitted without the requirement of additional right of way. In urban sections, the right of way should be no closer than 14’ from the face of curb along State Routes and 11’ from the face of curb along all County roads. In rural sections, the point located one-half way up the back 29 slope should be on or within the right of way line. Sufficient right of way should be donated to the County for the deceleration lane/commercial driveway. Paving specifications to match existing pavement or better should be full-depth to the right of way line. Depths may be reduced, if field conditions warrant, as approved by the Director of Public Works and as recommended by the County Traffic Engineer. If additional right of way is required in order to construct the required improvements, the applicant must dedicate the right of way. The applicant must follow the procedures established in the Department of Environment and Community Development. 4. SIGNING AND MARKING All signing and pavement marking must be designed and installed in conformance with the latest edition of the Manual on Uniform Traffic Control Devices. Signing All sign posts to be placed within concrete area must have 6” wide diameter space through substructure. The traffic control signs must be installed per the most recent edition of the Manual on Uniform Traffic Control Devices (MUTCD) with relation to the installation height, size, distance from curb, etc. In general, signs should be installed at least seven feet but no more than ten feet from the ground to the bottom of the sign, and at least two feet from the face of curb to the closest edge of the sign, or as required by the MUTCD. The signs shall be new die cut anodized aluminum (at least .080 inches thick) and installed on a single square post with standard hardware. This post should be installed to break-away standards with a slip base. The back of the installation bolts should be bent to discourage theft. The face of the sign shall be Type III (High-Intensity) sheeting or better. If the road intersects a state route, all warning signs, red series regulatory signs, including Stop, Yield, and Do Not Enter signs shall be fabricated from Type VI (Wide Angle Prismatic) reflective sheeting. No two signs shall be mounted on the same post. Should the applicant wish to use decorative poles, a custom sign permit will need to be applied for in the Department of Public Works. As part of the Land Disturbance Permit Process, the Department of Environment and Community Development will identify the number and location of signs. The minimum sign installation shall conform to the standards established below. The applicant will be responsible for maintaining the signs from installation to final inspection. The County reserves the right to replace stop or yield signs if they have been down for more that 12 hours, to replace any regulatory signs if they have been down for more than 7 days, and to replace any other signs if they have been down for more than 14 days. This will be done at the cost to the applicant of two hundred and fifty dollars ($250.00) per sign. The sign inspection shall be done by the Department of Environment and Community Development prior to acceptance of the final plat or as established by the Director of Environment & Community Development. The signs should be performance bonded at the same time as the pavement at a cost of one hundred dollars ($100.00) per sign or as established by the Director of Environment & Community Development. If the County needs to replace any signs at the time of the final inspection, the value would be forfeited. The following signs shall be installed in all new subdivisions as applicable: STOP Signs (R1-1) The STOP sign shall be installed on the right side of the approach to which it applies. Stop lines, when used to supplement a STOP sign, should be located at the point where the road user should stop. Where there is a marked crosswalk at the intersection, the STOP sign should be installed in advance of the crosswalk line nearest to the approaching traffic. 30 STOP signs should be installed in a manner that minimizes the numbers of vehicles having to stop. In most cases, the street carrying the lowest volume of traffic should be stopped. A STOP sign should not be installed on the major street unless justified by a traffic engineering study as recommended by the MUTCD. If two streets with relatively equal volumes and/or characteristics intersect, typically the direction that conflicts the most with established pedestrian crossing activity or school walking routes or the direction that has the longest distance of uninterrupted flow approaching the intersection should be stopped. No all-way stops may be installed in a new subdivision without the permission of the Director of the Department of Public Works. Yield Sign (R1-2) Yield signs shall be installed when there are right turns at an intersection that are channelized apart from the through and/or left turn movements with a striped or raised island. In addition, yield signs should be installed on each approach of a roundabout. Right Lane Must Turn Right Sign (R3-7R) Right Lane Must Turn Right signs shall be installed 25 feet from the back of the full width storage in the deceleration lane for the development, if applicable. Speed Limit Sign (R2-1) Speed Limit signs shall indicate a 25 mph speed limit for streets internal to residential subdivisions, unless it is a local collector road for the development, and then it should be no higher than 35 mph. For neighborhood settings, only one speed limit sign shall be installed at each project entrance or at the points of change from one speed limit to another. This sign should be installed no less than 100 feet from the entrance of the subdivision, but no greater than 500 feet from the entrance. Street Name Sign (D3-1) Ground-mounted street name signs shall be installed at every intersection and shall conform to Fulton County Ordinance 01-0582 (§62 of the Fulton County Code of Law). Instead of ground-mounted signs, however, overhead street name signs shall be installed where a subdivision street intersects at any traffic signal. Overhead street name signs shall include the Fulton County “oak” logo. Street name signs for public roads shall be green and street name signs for private roads shall be blue. The letter height must have at least 7-inch upper-case letters and at least 5-inch lower-case letters. The Letters should be in “Avantage Medium” font or as approved by the Department of Public Works. The street name sign shall be a combination of lower- case letters with initial uppercase letters. If the street has no outlet, a “No Outlet” legend should be put on the end of the street name sign blade closest to the main road. The “No Outlet” legend should have at least 3 inch high all-capital black letters on a yellow field that is no more than eight inches wide. The street name sign should be constructed on flat blades and not extruded blades. They may be either riveted back-to- back or two-sided at the applicant’s preference. The street name sign cannot be posted on the same post as the stop sign. Roundabout Sign Roundabouts must be signed and marked per Fulton County standards. This includes yield signs for every approach, as well as an advance roundabout sign as established by the Department of Public Works. The pavement marking shall include yield lines and channelization islands for each approach. Stop Ahead Sign (W3-1) & Yield Ahead Sign (W3-2) The Stop Ahead and Yield Ahead signs shall be installed on an approach to a primary traffic control device that is not visible for at least 250 feet. Please refer to Section Tables 2C.29 in the MUTCD for additional information. 31 Playground Sign (W15-1) Playground signs shall be installed on any vehicular approach to an amenities area. Additional Signs Additional signs may be required as appropriate by the Department of Public Works or the field inspector. Sign Information and Sizes All signs shall be of the sizes as designated in Table 16. This table also included the appropriate reference sections of the MUTCD which explain the proper use and installation of each of the signs previously designated. Sign MUTCD Sections (2003 Ed.) Size Stop (R1-1) 2B.04 to 2B.07 30” x 30” Yield (R1-2) 2B.08 to 2B.10 36” x 36” x 36” Speed Limit (R2-1) 2B.13; 2B.18 24” x 30” Right Lane Must Turn Right (R3-7R) 2B.21 30” x 30” Roundabout and simple alignment warning signs Review section 2C 30” x 30” Stop Ahead (W3-1a) and Yield Ahead (W3-2a) 2C.29 36” x 36” Playground Ahead (W15-1) 2C.42 30” x 30” Street Name (D3-1) 2D.38 varies Table 16: Sign Information and Sizes Pavement Marking Pavement markings are required to separate lanes of travel and should be used along all edges of pavement. The following guidelines are provided for designing and installing pavement markings for driveways: • All pavement markings installed within the public right-of-way shall be thermoplastic material • Lane lines are generally 5” (white); lane lines are not required where curb and gutter has been provided • Stop lines should be 24” (white) • Center lines should be 5” double yellow • Deceleration and left turn lanes should have turn arrows (Type 2) spaced every 100’ and “ONLY” legends between every pair of Type 2 Arrows • Crosswalks should use the current Georgia DOT standard (see Figure 5) 32 Related OCGA code sections: 1. Acquisition of rights of way (a) Acquisition of rights of way for public roads on the state highway system located within the corporate limits of a municipality shall be made in compliance with subsection (e) of Code Section 32-3-3 and Code Section 32-5-25. 2. New streets and abandoned streets (a) A municipality shall plan, designate, improve, manage, control, construct, and maintain an adequate municipal street system and shall have control of and responsibility for all construction, maintenance, or other work related to the municipal street system. Such work may be accomplished through the use of municipal forces, including inmate labor, by contract as authorized in paragraph (1) of subsection (a) of Code Section 32-4-92, or otherwise as permitted by law. (b) A municipality shall notify the department within three months after a municipal street is added to the municipal street system and shall further notify the department within three months after a municipal street is abandoned. This notification shall be accompanied by a map or plat depicting the location of the new or abandoned street. 3. Rights and Responsibilities of a Municipality as a Property Owner (a) The powers of a municipality with respect to its municipal street system, unless otherwise expressly limited by law, shall include but not be limited to the following: (1) Subject to the limitations of subparagraph (d)(1)(A) of Code Section 32-2-61, a municipality has the authority to contract with any person, the federal government or its agencies, the state or its agencies, other municipalities, a county in which the municipality lies, or any combination of the foregoing entities for the construction, reconstruction, or maintenance of any public road located within the municipality; (2) A municipality may accept and use federal and state funds for municipal street purposes and do all things necessary, proper, or expedient to achieve compliance with the provisions and requirements of all applicable federal-aid acts and programs. Nothing in this title is intended to conflict with any such federal-aid law and, in case of such conflict, such portion as may be in conflict with such federal law is declared of no effect to the extent of the conflict; (3) A municipality may acquire, manage, and dispose of real property or any interests therein for public roads on its municipal street system under the procedures provided in Article 1 of Chapter 3 of this title and in Chapter 7 of this title. In acquiring property for rights of way for federal-aid highway projects on its system, the municipality shall comply with the requirements of the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended by the Uniform Relocation Act Amendments of 1987, Title IV of Public Law 100-17, and in general be guided by the policies applicable to the department as set forth in Code Section 32-8-1. For good cause shown, a municipality, at any time after commencement of condemnation proceedings and prior to final judgment therein, may dismiss its condemnation action, provided that (A) the condemnation proceedings have not been instituted under Article 1 of Chapter 3 of this title and (B) the condemnor has first paid to the condemnee all expenses and damages accrued to the condemnee up to the date of the filing of the motion for dismissal of the condemnation action; (4) Subject to the requirements of Part 2 of this article, a municipality may purchase, borrow, rent, lease, control, manage, receive, and make payment for all personal property such as equipment, machinery, vehicles, supplies, material, and furniture which may be needed in the operation of the municipal street system and may sell or otherwise dispose of all personal property owned by the municipality and used in the operation of said municipal street system which is no longer necessary or useful in connection with the operation of said system; and it may execute such instruments as may be necessary in connection with the exercise of the foregoing powers in this paragraph; (5) A municipality and its authorized agents and employees shall have the authority to enter upon any lands in the 33 municipality for the purpose of making such surveys, soundings, drillings, and examinations as the municipality may deem necessary or desirable to accomplish the purposes of this title; and such entry shall not be deemed a trespass, nor shall it be deemed an entry which would constitute a taking in a condemnation proceeding. However, reasonable notice shall be given the owner or occupant of the property to be entered; such entry shall be done in a reasonable manner with as little inconvenience as possible to the owner or occupant of the property; and the municipality shall make reimbursement for any actual damages resulting from such entry; (6) A municipality may employ, discharge, promote, set and pay the salaries and compensation of its personnel, and determine the duties, qualifications, and working conditions for all persons whose services are needed in the construction, maintenance, administration, operation, and development of its municipal street system; and may employ or contract as independent contractors with such engineers, surveyors, attorneys, consultants, and all other employees whose services may be required, subject to the limitations of existing law; (7) Except as otherwise provided by Code Section 12-6-24, a municipality may regulate and control the use of the public roads on its municipal street system and on portions of the county road systems extending within the corporate limits of the municipality. Any municipality may regulate the parking of vehicles on any such roads in order to facilitate the flow of traffic and to this end may require and place parking meters on or immediately adjacent to any or all of such roads for the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A municipality also may place such parking meters on or adjacent to any public road on the state highway system located within the corporate limits of the municipality when authorized by the department pursuant to Code Section 32-6-2; (8) A municipality may purchase supplies for municipal street system purposes through the state, as authorized by Code Sections 50-5-100 through 50-5-102; (9) A municipality may provide lighting and maintenance thereof on any public road located within its limits; (10) A municipality may grant permits and establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, facilities, or appliances of any utility in, on, along, over, or under any part of its municipal street system and of a county road system lying within its municipal limits. However, such regulations shall not be more restrictive with respect to utilities affected thereby than are equivalent regulations promulgated by the department with respect to utilities on the state highway system under authority of Code Section 32-6-174. As a condition precedent to the granting of such permits, the municipality may require application in writing specifically describing the nature, extent, and location of the portion of the utility affected. The municipality may also require the applicant to furnish an indemnity bond or other acceptable security conditioned to pay for any damage to any part of a public road or to any member of the public caused by the work of the utility performed under authority of such permit. However, it shall be the duty of the municipality to ensure that the normal operation of the utility does not interfere with the use of any portion of the municipal street system or of a municipal extension of a county public road. The municipality may also order the removal and relocation of the utility, equipment, facilities, or appliances where such removal and relocation is made necessary by the construction and maintenance of any part of the municipal street system or municipal extension of a county public road. In so ordering the removal and relocation of a utility or in performing such work itself, the municipality shall conform to the procedure set forth for the department in Code Sections 32-6-171 and 32-6-173, except that when the removal and relocation have been performed by the municipality, it shall certify the expenses thereof for collection to its city attorney; and (a) A municipality may provide for surveys, maps, specifications, and other things necessary in supervising, locating, abandoning, relocating, improving, constructing, or maintaining the municipal street system, or any part thereof, or any activities incident thereto or necessary in doing such other work on public roads as the municipality may be given responsibility for or control of by law. (b) In addition to the powers specifically delegated to it in this title, a municipality shall have the authority to perform all acts which are necessary, proper, or incidental to the efficient operation and development of the municipal street system; and this title shall be liberally construed to that end. Any such power vested by law in a municipality, but not implemented by specific provisions for the exercise thereof, may be executed and carried out by a municipality in a reasonable manner pursuant to such rules, regulations, and procedures as a municipality may adopt and subject to such limitations as may be provided by law. 34 4. Liability of municipalities for defects in public roads (a) A municipality is relieved of any and all liability resulting from or occasioned by defects in the public roads of its municipal street system when it has not been negligent in constructing or maintaining the same or when it has no actual notice thereof or when such defect has not existed for a sufficient length of time for notice thereof to be inferred. (b) A municipality is relieved of any and all liability resulting from or occasioned by defective construction of those portions of the state highway system or county road system lying within its corporate limits or resulting from the failure of the department or the county to maintain such roads as required by law unless the municipality constructed or agreed to perform the necessary maintenance of such road. 5. Obstructing, encroaching on, or injuring public roads; leasing of property by department (a) It shall be unlawful for any person to obstruct, encroach upon, solicit the sale of any merchandise on, or injure materially any part of any public road. For purposes of this Code section, the term "obstruct" shall include without limitation the causing of any buildup of rock, gravel, mud, dirt, chemicals, or other materials by continued ingress or egress of vehicles or of any natural waters dammed or redirected by diversion to an extent which presents a hazard to the traveling public. (b) Any person who unlawfully obstructs, encroaches upon, or injures said public road shall be responsible for reimbursing the Department of Transportation or the applicable local governing authority in the case of a road which is part of a county road system or municipal street system for the costs of removal of said obstructions or encroachments and the costs of repairs to the public road incurred by such department or local governing authority, including any costs associated with traffic management; provided, however, that such costs shall be limited to those costs which are directly incurred from such damages. Costs incurred for traffic management may include, but not be limited to, costs incurred for flagging, signing, or provision of detours, provided that these activities are directly caused by the obstruction, encroachment, or injury to the public road system. The court may, in addition to any other sentence authorized by law, order a person convicted of violating this Code section to make such restitution for the offense. (c) Nothing in this Code section shall abridge or limit any authority provided by law for the installation and operation of vending machines at welcome centers, tourist centers, and safety rest areas. Nothing in this Code section shall limit in any way the department's authority to lease property to state or federal agencies, counties, or municipalities as provided for in Code Section 32-7-5, or limit the Department of Transportation's ability to grant a license to any utility or railroad corporation as defined in Code Section 46-1-1. 6. Authority of department, counties, and municipalities to regulate parking; parking vehicles or leaving vehicles unattended on right of way of public road on state highway system . Notwithstanding Code Section 40-6-200 and Code Sections 40-6-202 through 40-6-204: (1) The department may regulate and prohibit the parking of any type of vehicle on any public road on the state highway system, including extensions thereof into or through municipalities. Whenever any state or local law enforcement officer finds a vehicle parked in violation of law or the department's regulations, such officer or employee is authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same. If the vehicle is unattended, such officer is authorized to remove or provide for the removal of such vehicle to the nearest garage or other place of safety at the owner's expense. State or local law enforcement officers and the department are further authorized, with or without the consent of the owner, to remove or have removed any obstruction, cargo, or personal property which is abandoned, unattended, or damaged as a result of a vehicle accident which the department determines to be a threat to public health or safety or to mitigate traffic congestion; (2) A county may regulate and control the parking of vehicles on the county road system and to this end the county may place parking meters on or immediately adjacent to any or all such roads, except extensions into a municipality, for the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A county may also place such parking meters on or adjacent to any public road on the state highway system located within the county and outside the corporate limits of a municipality when authorized by the department pursuant to paragraph (1) of this Code section; 35 (3) A municipality may regulate and control the parking of vehicles on its municipal street system and on extensions of a county road system within its corporate limits and to this end may place parking meters on or immediately adjacent to any or all of such roads for the purpose of authorizing timed parking in designated spaces upon the payment of a charge for such privilege. A municipality also may place such parking meters on or adjacent to any public road on the state highway system located within the corporate limits of the municipality when authorized by the department pursuant to paragraph (1) of this Code section; and (4) It shall be unlawful for any person to park or leave unattended any vehicle upon the right of way of any public road on the state highway system for over 48 hours. 7. Uniform regulations governing erection and maintenance of traffic-control devices; placement, removal, defacement, damaging, or sale of devices (a) The department shall promulgate uniform regulations governing the erection and maintenance on the public roads of Georgia of signs, signals, markings, or other traffic-control devices, such uniform regulations to supplement and be consistent with the laws of this state. Insofar as practical, with due regard to the needs of the public roads of Georgia, such uniform regulations shall conform to the recommended regulations as approved by the American Association of State Highway and Transportation Officials. (b) In conformity with its uniform regulations, the department shall place and maintain, or cause to be placed and maintained, such traffic-control devices upon the public roads of the state highway system as it shall deem necessary to regulate, warn, or guide traffic, except that the department shall place and maintain a sign for each railroad crossing at grade on the state highway system, warning motorists of such crossing, provided that each railroad company shall also erect and maintain a railroad crossbuck sign on its right of way at every such crossing. The department may remove or direct removal of all traffic-control devices and signs which are erected on the state highway system by any governing authority without the permission of the department. (c) In conformity with the uniform regulations of the department: (1) Counties and municipalities shall place and maintain upon the public roads of their respective public road systems such traffic-control devices as are necessary to regulate, warn, or guide traffic except that counties and municipalities also shall erect and maintain a sign for each railroad crossing at grade on their respective county road or municipal street systems, warning motorists of such crossing. Furthermore, each railroad company shall erect and maintain a railroad crossbuck sign on its right of way at all such crossings; and (2) Counties, on their respective road systems, shall place and maintain on each county road which is authorized as a designated local truck route, pursuant to official resolution of the county and approval of the commissioner, at each intersection of such road with a state highway signs identifying such county road as a designated local truck route and giving notice of the maximum weight limits for such designated local truck route in accordance with subsection (f) of Code Section 32-6-26. (d) It shall be unlawful for any person to remove, deface, or damage in any way any official traffic-control device lawfully erected or maintained pursuant to this Code section or any other law. (e) No person, firm, corporation, or other entity shall offer for sale any sign, signal, marking, or other device intended to regulate, warn, or guide traffic upon the public roads of this state, unless it conforms with the uniform regulations promulgated under subsection (a) of this Code section. Any person, firm, corporation, or other entity who sells any sign, signal, marking, or other device intended to regulate, warn, or guide traffic upon the public roads of this state in violation of this Code section shall make restitution to the purchaser in an amount equal to the entire sum, plus interest, originally paid for the sign, signal, marking, or other device. Any person, firm, corporation, or other entity who knowingly sells any sign, signal, marking, or other device intended to regulate, warn, or guide traffic upon the public roads of this state in violation of subsection (a) of this Code section shall be guilty of a misdemeanor. 7. Erection, placement, or maintenance of unlawful or unauthorized structure; removal thereof; penalty for violation 36 (a) (1) It shall be unlawful for any person to erect, place, or maintain within the dedicated right of way of any public road any sign, signal, or other device except as authorized by this subsection or subsection (d) of this Code section or as required or authorized by Code Section 32-6-50 or any other law. (2) The erection, placement, and maintenance of signs within the dedicated rights of way of county roads or municipal streets may be authorized and governed by ordinances adopted by governing authorities of counties and municipalities having jurisdiction over such roads or streets, which ordinances as to such dedicated rights of way of county roads or municipal streets may be as or less restrictive than the provisions of paragraph (1) of this subsection. (b) It shall be unlawful for any person to erect, place, or maintain in a place or position visible from any public road any unauthorized sign, signal, device, or other structure which: (1) Imitates, resembles, or purports to be an official traffic-control device; (2) Hides from view or interferes with the effectiveness of any official traffic-control device; (3) Obstructs a clear view from any public road to any other portion of such public road, to intersecting or adjoining public roads, or to property abutting such public road in such a manner as to constitute a hazard to traffic on such roads; or (4) Because of its nature, construction, or operation, constitutes a dangerous distraction to or interferes with the vision of drivers of motor vehicles. (c) Any sign, signal, device, or other structure erected, placed, or maintained on the dedicated right of way of any public road in violation of subsection (a) or (b) of this Code section or in violation of any ordinance adopted pursuant to subsection (a) of this Code section is declared to be a public nuisance, and the officials having jurisdiction of the public road affected may remove or direct the removal of the same. Where any sign, signal, device, or other structure is erected, placed, or maintained in violation of subsection (b) of this Code section, but not on the dedicated right of way of any public road, the officials having jurisdiction of the public road affected may order the removal of such structure by written notice to the owner of the structure or the owner of the land on which the structure is located. If such structure is not removed within 30 days after the giving of such order of removal, such officials are authorized to remove or cause to be removed such structure and to submit a statement of expenses incurred in the removal to the owner of the structure or to the owner of the land on which the structure is located. If payment or arrangement to make payment is not made within 60 days after the receipt of said statement, the department shall certify the amount thereof for collection to the Attorney General. (d) (1) As used in this subsection, the term: (A) "Bus shelter" means a shelter or bench located at bus stops for the convenience of passengers of public transportation systems owned and operated by governmental units or public authorities or located on county or municipality rights of way for the convenience of residents. (B) "Commercial advertisements" means any printed or painted signs on a bus shelter for which space has been rented or leased from the owner of such shelter. (2) Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained on the rights of way of public roads subject to the following conditions and requirements: (A) Any public transit system wishing to erect and maintain a bus shelter on the right of way of a state road shall apply to the department for a permit, and as a condition of the issuance of the permit, the department must approve the bus shelter building plans and the location of the bus shelter on the right of way; provided, however, that such approval is subject to any and all restrictions imposed by Title 23, U.S.C., and Title 23, Code of Federal Regulations relating to the federal-aid system. This paragraph shall entitle only public transit systems or their designated agents the right to be issued permits under this paragraph; (B) If the bus shelter is to be located on the right of way of a public road other than a state road within a county or 37 municipality, application for permission to erect and maintain such shelter shall be made to the respective county or municipality. Such application shall conform to the county's and municipality's regulations governing the erection and maintenance of such structures. When the county or municipality is served by a public transit agency or authority, the applications for all bus shelters on routes of such agency or authority shall also be forwarded by the applicant to such transit agency or authority and subject to the approval of such agency or authority; and (C) As a condition of issuing a permit for the erection of a bus shelter on the right of way of a state road, the department shall require that the bus shelter shall be properly maintained and that its location shall meet minimum setback requirements as follows: (i) Where a curb and gutter are present, there shall be a minimum of four feet clearance from the face of the curb to any portion of the bus shelter or the bus shelter shall be placed at the back of the existing concrete sidewalk; or (ii) Where no curb or gutter is present, the front of the bus shelter shall be at least ten feet from the edge of the main traveled roadway. (3) Any bus shelter erected and maintained on the right of way of a public road in violation of paragraph (2) of this subsection or in violation of the conditions of the permit issued by the department or in violation of the conditions of the consent of the county or municipality is declared to be a public nuisance and if it is determined to be a hazard to public safety by the department, county, or municipality, it may be removed or its removal may be ordered by the department or the governing authority of the respective county or municipality. In every case of removal of a bus shelter as a hazard to public safety by the department, a county, or a municipality, a good faith attempt shall be made to notify the owner of its removal. In such cases where the department, county, or municipality orders the removal of the bus shelter as a public nuisance, if such a bus shelter is not removed by its owner within 30 days after its owner has been issued a written order of removal by the department or the governing authority of the respective county or municipality, the department or the governing authority of the respective county or municipality may cause the bus shelter to be removed and submit a statement of expenses incurred in the removal to the owner of the bus shelter. In the case of a statement of expenses for removal of a shelter on a state road, if payment or arrangement to make payment is not made within 60 days after the receipt of such statement, the department shall certify the amount thereof to the Attorney General for collection. (4) The person to whom a permit has been issued for the erection and maintenance of a bus shelter on the right of way of a public road or who places such shelter on a public road other than a state road shall at all times assume all risks for the bus shelter and shall indemnify and hold harmless the State of Georgia, the department, and any county or municipality against all losses or damages resulting solely from the existence of the bus shelter. (5) Permits for shelters on state roads shall be issued under this subsection only to cities, counties, or public transportation authorities owning or operating public transportation systems or their designated agents. (e) Each sign erected, placed, or maintained in violation of paragraph (1) of subsection (a) of this Code section shall constitute a separate offense. (f) Any person who violates paragraph (1) of subsection (a) of this Code section shall be punished the same as for littering under Code Section 16-7-43. Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor. 8 Department recommendation as to approval or rejection of plat submitted by planning commission A planning commission shall submit two copies of the proposed subdivision plat to the department if such proposed subdivision includes or abuts on any part of the state highway system or where the proposed subdivision requires access to the state highway system. The department, within 30 days of receipt of the plat, shall recommend approval and note its recommendation on the copy to be returned to the planning commission or recommend rejection. Failure of the department to act within this 30 day period shall constitute approval. If the plat is recommended for rejection, the reasons for rejection and requirements for approval shall be given the commission in writing; such rejection shall be binding on the planning commission unless the planning commission, by official action recorded in its minutes, overrules such department action. 38 Where the department is required to make recommendations to a planning commission under Code Section 32-6-151 or to approve a proposed plat under Code Section 32-6-152, the department, in addition to considering other factors, shall base its recommendation or approval on the following being provided for in the plat: (1) Dedication to the department in fee simple of any portion of the subdivision which includes any part of the state highway system, such dedication to include land necessary for future widening of the state highway system; and (2) An adequate provision for traffic safety in laying out public roads, drives, driveways, or access ways which enter the state highway system. 9. Payment by Department of Transportation of costs of removal and relocation of utility facilities necessitated by construction of public roads (a) The department is authorized to pay or participate in the payment of the costs of removing and relocating any of the following facilities or any component part thereof if they are owned by a municipal corporation, county, state agency, or by an authority created under the laws of Georgia pertaining to public utilities, without regard to whether such facilities were originally installed upon rights of way of the state highway system or a county road system or a municipal street system, where such removal and relocation is made necessary by the construction or maintenance of any public road by the department: water distribution and sanitary sewer facilities and systems for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, steam, waste, and storm water not connected with highway drainage, including fire and police signals, traffic-control devices, and street lighting systems. (b) As to municipal corporations, counties, state agencies, and authorities controlled by such municipal corporations, counties, or other state agencies, the department is authorized to waive provisions in existing permits and agreements in conflict with this article. (c) The costs of removing and relocating the facilities listed in subsection (a) of this Code section, which costs the department is authorized to pay or participate in by this Code section, shall be limited to the costs of removing and relocating those facilities which are physically in place and in conflict with proposed construction and, where replacement is necessary, to the costs of replacement in kind. That proportion of the costs representing improvement or betterment in a facility shall be excluded from the costs eligible for payment or participation by the department under this Code section, except to the extent that such improvement or betterment is made necessary by the public road construction or maintenance. (d) All costs incurred by the department under this Code section shall be deemed to be a part of the costs of the project requiring removal and relocation of any of the facilities listed in subsection (a) of this Code section. 10.. Authority of department to order removal and relocation of utility facilities; giving notice to utility; procedure by department upon failure of utility to remove facility (a) Any utility using or occupying any part of a public road which the department has undertaken to improve or intends to improve shall remove and relocate its facility when, in the reasonable opinion of the department, the facility constitutes an obstruction or interference with the use or safe operation of such road by the traveling public or when, in the reasonable opinion of the department, the facility will interfere with such contemplated construction or maintenance. (b) Whenever the department reasonably determines it necessary to have a utility facility removed and relocated, the department shall give to the utility at least 60 days' written notice directing the removal and relocation of such utility obstruction. If the utility does not thereafter begin removal within a reasonable time sufficient to allow for engineering and other procedures reasonably necessary to the removal and relocation of the utility facility, the department may give the utility a final notice directing that such removal shall commence not later than ten days from the receipt of such final notice. If such utility does not, within ten days from receipt of such final notice, begin to remove or relocate the facility or, having so begun removal or relocation, thereafter fails to complete the removal or relocation within a reasonable time, the 39 department may remove or relocate the same with its own employees or by employing or contracting for the necessary engineering, labor, tools, equipment, supervision, or other necessary services or materials and whatever else is necessary to accomplish the removal or relocation; and the expenses of such removal or relocation may be paid and collected as provided in Code Section 32-6-173. 11. Authority of department to obtain replacement right of way for relocated utility (a) Whenever a public road improvement necessitates the acquisition by the department of a utility's privately owned rights of way and the relocation of such utility's facilities, the department may, with the written consent of the utility, provide a replacement right of way. (b) Whenever a public road improvement requires the relocation of a utility occupying public road rights of way, the department may, at the written request of such utility, provide to the utility a right of way which is not on a public road right of way. In this event, the utility shall reimburse the department for the acquisition costs. (c) Title to property acquired for utility relocations under subsection (a) or (b) of this Code section and as authorized by Code Section 32-3-1 may be transferred to such utility as authorized in Code Section 32-7-3. However, the procedures for sale of property as set forth in Code Section 32-7-4 shall not be applicable to the transfer of property acquired for utility relocation. Any such property transfer to the utility shall be conveyed by the execution of a quitclaim deed by the commissioner. 12. Payment of expenses of removal and relocation of utility facilities The expenses incurred by the department as a result of utility removal and relocation pursuant to subsection (b) of Code Section 32-6-171, including the cost of acquiring new land or interests therein pursuant to subsection (b) of Code Section 32-6-172, shall be paid out of the available appropriations of the department for the construction or maintenance of public roads. A statement of such expenses shall be submitted to the utility, which shall make payment to the department. In the event the utility does not make payment or arrange to make payment to the department within 60 days after the receipt of said statement, the department shall certify the amount for collection to the Attorney General. However, nothing in this Code section shall restrict the authority of the department pursuant to Code Section 32-6-170 to pay any or all of the expenses of removal and relocation of government owned utilities; and, furthermore, nothing in this article shall be construed so as to deprive any utility, relocated from a location in which it owned a property interest, of compensation for such property interest. 13. Authority of department, counties, and municipalities to substitute for, relocate, or abandon public roads Whenever deemed in the public interest, the department or a county or a municipality may substitute for, relocate, or abandon any public road that is under its respective jurisdiction, provided that a county or municipality shall first obtain the approval of the department if any expenditure of federal or state funds is required. 14. Procedure for abandonment (a) (1) Before abandoning any public road on the state highway system, the department shall confer with the governing authority of the counties or municipalities concerned and give due consideration to their wishes in such abandonment; but in case of disagreement the judgment of the department shall prevail. (2) When it is determined that a section of the state highway system has for any reason ceased to be used by the public to the extent that no substantial public purpose is served by it and after having conferred with the counties and municipalities, the department, by certification signed by the commissioner and accompanied by a plat or sketch, may declare that section of the state highway system abandoned. Thereafter, that section of road shall no longer be a part of 40 the state highway system and the rights of the public in and to the section of road as a public road shall cease. (3) Prior to certifying the abandonment of a road or section thereof, the department shall give notice of its intentions to the counties or municipalities through which such road passes. (4) If such county or municipality, by proper resolution, indicates its willingness and desire to take over the road that is proposed to be abandoned and to maintain such road, the certificate of abandonment shall so state; and thereafter the abandoned road shall form part of the county road or municipal street system of the particular county or municipality. Whenever the department abandons a road and a county or a municipality takes over the road, the department shall convey, by quitclaim deed executed by the commissioner, such road to the county or municipality. If the appropriate county or municipality is unwilling to take over the road and maintain it, the property may be disposed of by the department as provided in Code Section 32-7-4, provided that, if the county or municipality has not indicated its desire to take over the road within 30 days after receiving notice, it shall be conclusively presumed that the county or municipality is unwilling to take over the road; and provided, further, that before the department disposes of the abandoned road it shall give 15 days' notice to the county or municipality, during which time such county or municipality may reconsider its decision and take over the road. (b) (1) When it is determined that a section of the county road system has for any reason ceased to be used by the public to the extent that no substantial public purpose is served by it, the county, by certification recorded in its minutes, accompanied by a plat or sketch, and, after notice to property owners located thereon, after notice of such determination is published in the newspaper in which the sheriff's advertisements for the county are published once a week for a period of two weeks, and after a public hearing on such issue, may declare that section of the county road system abandoned. Thereafter, that section of road shall no longer be part of the county road system and the rights of the public in and to the section of road as a public road shall cease. (2) Prior to certifying the abandonment of a road or section thereof, the county shall give notice of its intention to the municipality into which or through which any part of such road passes. (3) If such municipality, by proper resolution, indicates its willingness and desire to take over the road that is proposed to be abandoned and to maintain such road, the certification of abandonment shall so state; and thereafter that part of the abandoned road within the municipality shall form part of the municipal street system of the particular municipality. Whenever a county abandons a road and a municipality takes over the road, the county, by quitclaim deed executed by the chairman or presiding officer, shall convey such road to the municipality. If such municipality is unwilling to take over the road and maintain it, the property may be disposed of by the county as provided for in Code Section 32-7-4, provided that, if the municipality has not indicated its desire to take over the road within 30 days after receiving notice, it shall be conclusively presumed the municipality is unwilling to take over the road; and provided, further, that before the county disposes of the abandoned road it shall give 15 days' notice to the municipality during which time such municipality may reconsider its decision and take over the road. (c) When it is determined that a section of the municipal street system has for any reason ceased to be used by the public to the extent that no substantial public purpose is served by it, the municipality, by certification recorded in its minutes, accompanied by a plat or sketch, and after notice to property owners located thereon, may declare that section of the municipal street system abandoned. Thereafter, that section of road shall no longer be a part of the municipal street system and the rights of the public in and to that section of street as a public road shall cease. The property may be disposed of by the municipality as provided in Code Section 32-7-4. 15. Authority of department, counties, and municipalities to dispose of property no longer needed for public road purposes Whenever any property has been acquired in any manner by the department, a county, or a municipality for public road purposes and thereafter the department, county, or municipality determines that all or any part of the property or any interest therein is no longer needed for such purposes because of changed conditions, the department or the county or municipality is authorized to dispose of such property or such interest therein in accordance with Code Section 32-7-4. Any disposition of property acquired for utility relocation, as provided for in Code Section 32-6-172, or on which utilities are located shall not be subject to Code Section 32-7-4; and no provision of this title shall be construed to prevent the 41 department from conveying to the federal government land or interests in land acquired for federal parkways in Georgia, as provided in Article 2 of Chapter 3 of this title. 16. Procedure for disposition of property (a) (1) In disposing of property, as authorized under Code Section 32-7-3, the department, a county, or a municipality shall notify the owner of such property at the time of its acquisition or, if the tract from which the department, a county, or a municipality acquired its property has been subsequently sold, shall notify the owner of abutting land holding title through the owner from whom the department, a county, or a municipality acquired its property. The notice shall be in writing delivered to the appropriate owner or by publication if his address is unknown; and he shall have the right to acquire, as provided in this subsection, the property with respect to which the notice is given. Publication, if necessary, shall be in a newspaper of general circulation in the county where the property is located. (2) When an entire parcel acquired by the department, a county, or a municipality, or any interest therein is being disposed of, it may be acquired under the right created in paragraph (1) of this subsection at such price as may be agreed upon, but in no event less than the price paid for its acquisition. When only remnants or portions of the original acquisition are being disposed of, they may be acquired for the market value thereof at the time the department, county, or municipality decides the property is no longer needed. (3) If the right of acquisition is not exercised within 60 days after due notice, the department, county, or municipality may proceed to sell such property as provided in subsection (b) of this Code section. (b) (1) (A) Unless a sale of the property is made pursuant to paragraph (2) or (3) of this subsection, such sale shall be made to the bidder submitting the highest of the sealed bids received after public advertisement for such bids for two weeks. The department or the county or municipality shall have the right to reject any and all bids, in its discretion, to readvertise, or to abandon the sale. (B) Such public advertisement shall be inserted once a week in such newspapers or other publication, or both, as will ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one week after the first publication. Such advertisement shall include but not be limited to the following items: (i) A description sufficient to enable the public to identify the property; (ii) The time and place for submission and opening of sealed bids; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. (2) (A) Such sale of property may be made by a county or municipality by listing the property through a real estate broker licensed under Chapter 40 of Title 43 who has a place of business located in the county where the property is located or outside the county if no such business is located in the county where the property is located. Property shall be listed for a period of at least three months. Such property shall not be sold at less than its fair market value. All sales shall be approved by the governing authority of the county at a regular meeting and shall be open to the public at which meeting public comments shall be allowed regarding such sale. (B) Commencing at the time of the listing of the property as provided in subparagraph (A) of this paragraph, the county or municipality shall provide for a notice to be inserted once a week for two weeks in the legal organ of the county indicating the names of real estate brokers listing the property for the political subdivision. The county or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such 42 property pursuant to the provisions of paragraph (1) of this subsection. (3) (A) Such sale of property may be made by a county or municipality to the highest bidder at a public auction conducted by an auctioneer licensed under Chapter 6 of Title 43. Such property shall not be sold at less than its fair market value. (B) The county or municipality shall provide for a notice to be inserted once a week for the two weeks immediately preceding the auction in the legal organ of the county including, at a minimum, the following items: (i) A description sufficient to enable the public to identify the property; (ii) The time and place of the public auction; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. The county or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) of this subsection. (c) Any conveyance of property shall require the approval of the department, county, or municipality, by order of the commissioner on behalf of the department and, in the case of a county or municipality, by resolution, to be recorded in the minutes of its meeting. If the department or the county or municipality approves a sale of property, the commissioner, chairman, or presiding officer may execute a quitclaim deed conveying such property to the purchaser. All proceeds arising from such sales shall be paid into and constitute a part of the funds of the seller. 17. . Leasing property not needed for public road purposes (a) In order that any interest in real property acquired for public road or other transportation purposes may be used most economically, the department, counties, or municipalities, in addition to the authority granted in Code Section 32-7- 3 to dispose of property no longer needed and in subsection (b) of Code Section 32-3-3 to exchange property, may, notwithstanding Article 2 of Chapter 16 of Title 50, the "State Properties Code," improve, use, maintain, or lease any interest in property acquired for public road or other transportation purposes that is not presently needed for such purposes. (b) If the department, a county, or municipality decides to lease any such property or interest therein, the owner of such property at the time of its acquisition or his successor in interest shall have the right to lease such property at an appraised fair market value to be determined by the department, county, or municipality for such period of time until the property is needed for public road or other transportation purposes. However, if at the time of acquisition such property was leased to a tenant, the tenant, instead of the owner or his successor in interest, shall have the first right to lease such property at the appraised fair market value. If the owner, his successor in interest, or the tenant of the property does not lease such property, the department, county, or municipality shall have the right to lease such property at a price equal to the highest sealed public bid, if the bid is acceptable to the department, county, or municipality, for such period of time until the property is needed for public road or other transportation purposes. If no bids or bids which are insufficient are received, the department, county, or municipality may readvertise for new public bids. The department, county, or municipality may negotiate a lease with any state or federal agency, county, or municipality without the aforesaid requirement of sealed bids or leasing to the former owner. The department, county, or municipality shall have the right to impose reasonable restrictions, terms, or conditions on the use of such leased property. 43 (c) Separate and distinct from the department's authority to lease property in subsection (b) of this Code section, the department has the authority to negotiate a lease of any property contained within the rights of way of any nonlimited- access public road and not presently needed for public road purposes or rights of way under bridges or viaducts on limited-access public roads and not presently needed for public road purposes. If the department decides to lease any such property, the property shall be leased, at an appraised fair market value to be determined by the department, to the owner or the lessee of the property adjacent to the department's rights of way for the purposes of parking. Such property shall only be used for the purposes of providing parking and shall not be subleased without the department's prior approval. Plans for the use of said property must be submitted to and approved by the department prior to any construction. Regardless of any financial expenditures by the lessee, no lease granted under this subsection shall merge into and become a property interest of the lessee or a sublessee. The department shall reserve the right to terminate any lease without cause upon 30 days' written notice to the lessee. Notwithstanding any provisions of Code Section 48-2-17, all net revenues derived from the lease of any of the department's property used for the purposes of providing parking shall be utilized by the department to offset the cost of maintaining the public roads of the state. (d) Unless said property or interest therein is leased to a tax-exempt person or body, it shall be subject to all applicable taxes, both real and personal. (e) The department or any county or municipality may negotiate a lease with any state or federal agency, county, or municipality for the use of the property for any purpose for which the agency, county, or municipality may put property it owns in fee and without complying with the requirement for sealed bids or leasing to the former owner contained in this Code section. City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 TO: City Council CITY COUNCIL AGENDA ITEM DATE: May 8, 2007 FROM: City Manager AGENDA ITEM: Approva of an Ordinance Amending Chapter 6, Code of Ethics, Standards of Conduct MEETING DATE: Thursday, May 17, 2007 Regular Meeting BACKGROUND INFORMATION: (Attach additional mages if necessary) See attached memorandum APPROVAL BY CITY MANAGER:APPROVED .� CITY ATTORNEY APPROVAL REQUIRED: ,} YES CITY ATTORNEY REVIEW REQUIRED: YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: REMARKS: j�lV'C j j (} NOTAPPROVED {) NO { } NO { j NOT APPROVED City of Milton 13000 Deerfield Parkway Suite 107G Milton, GA 30004 To: Honorable Mayor and City Council Members From: Mark E. Scott, City Attorney Date: May 1, 2007 for submission onto May 10, 2007 Work Session agenda and the May 17, 2007 Regular Meeting agenda for First Presentation Agenda Item: Approval of a Amendments to Ethics Ordinance City Attorney Recommendation: Adopt the attached ordinance providing for the amendments to the Ethics Ordinance. Second reading will occur at the at the June 7, 2007 council meeting. Background: In practice, we have found several holes in the Ethics Ordinance. As the first complaint was recently filed and as several other allegations have been made without the filing of a complaint, the City Attorney and staff have determined that there is too much potential for abuse of the ordinance as it is currently written, and after some consultation with Jim Langlais, Esquire, have proposed the attached amendments. We have also consulted with Public Safety Director Lagerbloom and discovered some minor issues with regard to police officers, which have been addressed as well. Discussion: The ordinance amendments include several new sections titled “Misuse of the Ethics Board” and “Misuse of the Ethics Ordinance.” There is also the new requirement that ethics allegations which involve an individual, in order to be considered by the Ethics Board, must result from a formal written complaint. Further, a complaint must contain a statement that it is well-founded and that the complaint is being filed with knowledge that frivolous complaints can be met with sanctions. The amendments also strengthen the ordinance by requiring that the investigation and consideration of ethics complaints not be a topic of outside discussion and will be kept confidential. Alternatives: Keep the ordinance as it currently exists. Concurrent Review: Aaron J. Bovos, City Manager Chris Lagerbloom, Public Safety Director Chapter 6: Code of Ethics and Standards of Conduct Section 1. Declaration of Policy Section 2. Purposes of Ordinance Section 3. Exemptions Section 4. Who is Covered Section 5. Duties Section 6. Conflict of Interests and Personal Benefits Prohibited Section 7. Duty to Leave Meeting Section 8. Public Contracts Section 9. Disclosure of Conflict of Interest or Potential Conflict of Interest Section 10. Unauthorized Outside Employment Section 11. Prohibited Conduct, and Other Abuses or Misuses of Position Section 12. Board of Ethics Section 13. Duties and Powers of the Board Section 14. Custodian of Records Section 15. Who May Request Board Action Section 16. Limitations on Board’s Power Section 17. Procedures for Hearing Complaints Section 18. Those Subject to Removal Only by the Governing Body Section 19. Ex Parte Communications Section 20. Confidentiality of Board Information Section 21. Wrongful Use of Ethics Board Section 22. Wrongful Use of the Code of Ethics Section 23. Waiver of Confidentiality Section 24. Statute of Limitations Section 25. Penalties Section 26. Penalties Cumulative Section 27. Liberal Construction of Ordinance Section 28. Severability Section 29. Effective Date APPENDIX OF DEFINITIONS Deleted: Waiver of Confidentiality Deleted: Statute of Limitations Deleted: Penalties Deleted: Penalties Cumulative Deleted: Liberal Construction of Ordinance Deleted: Severability Deleted: Effective Date 2 Section 1. Declaration of Policy (a) The City of Milton government is a representative democracy. Those who are elected, appointed, hired, volunteer or campaign to serve the public as representatives accept a public trust, which they share with those whom they elect, appoint, hire or otherwise enlist to help them serve the public. Public trust requires that acts which are contrary to the public interest be defined and prohibited; that there be an orderly procedure for raising and addressing ethical questions; that ethical behavior be encouraged and suitably rewarded; and that unethical behavior be discouraged and suitably disciplined through a process which is fundamentally fair. (b) It is the responsibility of each public servant to act in a manner which contributes to cultivating public trust in the integrity of government and avoiding even lawful activity when the appearance of impropriety would lessen the public’s confidence. (c) In adopting this Ordinance, the City recognizes that: (1) public servants are also members of society and, therefore, share the same general personal and economic interests in the decisions and policies of government as all members of the community; and (2) public servants retain their rights to publicly express their views on matters of general public interest, and to express their opinions on the effect of public actions on their personal or economic interests or rights; and (3) it is sound public policy for standards of ethical conduct for public servants to distinguish between those minor and inconsequential conflicts that are unavoidable in a free society, and those conflicts which are personal, material and avoidable; and (4) public servants are entitled to engage in employment, professional or business activities, other than official duties, in order to support themselves and their families and to maintain a continuity of professional or business activity, and are entitled to maintain investments; and (5) in the City it is possible and reasonable to require public servants to engage in employment, professional or business activities and to maintain investments which do not impede or undermine the integrity of their service to the City. (d) This Ordinance provides the minimum standards below which a public servant’s conduct cannot fall without the risk of penalty. The principal policy which forms the foundation of this Ordinance is to encourage internal commitment by establishing and maintaining a work environment which supports integrity with pride and enthusiasm. A work environment which supports integrity includes public servants who: 3 (1) recognize with gratitude that the primary reason they hold a public position is to serve the public; and (2) are motivated and committed to pursue ethical ideals which always exceed minimum standards and often achieve the highest standards; and (3) encourage ethical practices which protect, advance and promote the public interest; and (4) recognize that the most effective way to eradicate unethical practices is to consistently act ethically themselves, and to consistently react appropriately with respect to the ethical decisions of others; and (5) when they observe serious unethical practices, there is a responsibility to promptly disclose them to appropriate authorities, and encourage others to do the same; and (6) insure that those for whom they are responsible are aware of minimum standards of ethics below which their conduct cannot fall without the risk of disciplinary consequences; and (7) when circumstances warrant, appropriately discipline those who are proven to have engaged in unethical behavior. Section 2. Purposes of Ordinance This Ordinance, along with the attached Appendix of Definitions incorporated herein by reference, is adopted to: (a) identify the minimum standards of ethical conduct which public servants must meet; and (b) adequately educate public servants, and any subordinates, in the principles of ethics, (c) encourage public servants to pursue the highest ethical ideals which they can achieve; and (d) provide a process by which public servants may identify and resolve ethical issues; and (e) provide a process to ensure the prompt disclosure by public servants of serious unethical practices, and encourage others to do the same; and 4 (f) provide a fair and impartial process by which alleged violations of this Ordinance may be heard; and (g) provide for a just and reasonable balance among the rights of all individuals who are directly affected by the operation of this Ordinance; and (h) establish penalties, as appropriate, for public servants who violate the public trust. Section 3. Exemptions (a) This Ordinance does not prevent any public servant from accepting other employment or following any pursuit which in no way interferes with the full and faithful discharge of his or her public duties, provided that the public servant complies with all applicable City requirements, including any requirements imposed by this Ordinance. (b) No public servant shall be deemed to have a conflict of interest by virtue of carrying out any contract pursuant to which the public servant directly or indirectly received income or benefits in the form of compensation for the performance of official duties. (c) A former public servant is not prohibited from entering into a contract to represent the City in any matter. (d) No public servant shall be deemed to have a conflict of interest by virtue of sharing, directly or indirectly, in the benefit of a lawful City action when the benefit to the public servant is substantially the same as the benefit to the public at large or to a segment of the public to whom the benefit is provided in a nondiscriminatory manner. (e) This Ordinance does not prohibit any public servant from taking any action to approve the lawful payment of salaries, employee benefits, reimbursements of actual and necessary expenses, or other lawful payments which are authorized in accordance with City policies. (f) This Ordinance does not prohibit public servants from taking any official action properly within the scope of their duties with respect to any proposal to enact or modify law or public policy. (g) This Ordinance does not prohibit an elected official or other public servants from raising campaign contributions in any manner which is otherwise permitted by law. (h) This Ordinance does not prohibit communication between an individual or organization and a candidate regarding the candidate’s views, record or plans for future action regarding an issue or measure in an attempt to determine a candidate’s viewpoints 5 or how the candidate plans to act in the future, if such communication results in an endorsement of the candidate, a decision not to endorse the candidate, or a contribution or expenditure required to be recorded or reported under a state statute. (i) Actions which might otherwise be alleged to constitute a conflict of interest shall be deemed to comply with this Ordinance and not to be a conflict of interest if: (1) before acting, the public servant requested and received a written opinion from the City Attorney or a formal ethics opinion or a confidential advisory opinion from the Board in accordance with the procedures established in this Ordinance; and (2) the material facts, as stated in the request for an opinion, are true and complete; and (3) the actions taken were consistent with the opinion. Section 4. Who is Covered This Ordinance applies to all public servants, as the term is defined in this Ordinance, except that it shall not apply to a municipal judge when the judge is acting in a judicial capacity. Section 5. Duties (a) No public servant or former public servant shall divulge any confidential information to any person who is not authorized to have it nor divulge to any unauthorized person confidential information acquired in the course of holding his or her position in advance of the time prescribed by the governing body, administrators, or other applicable law for its release to the public. (b) All public servants shall respond fully and truthfully to any inquiries by the City Attorney or the Board in connection with the investigation of an alleged or potential violation of this Ordinance. All public servants shall cooperate fully in any investigation by the City Attorney or the Board, and shall locate, compile and produce for them such information as they may request, unless the information requested is exempt from disclosure under this Ordinance or other applicable law. (c) All public servants must report a violation of this Ordinance of which they have knowledge to the City Clerk or the Mayor, who shall forward such report to the Board. (d) In addition to being a violation of other laws, it is also a violation of this Ordinance for any public servant to: 6 (1) be convicted of any felony or misdemeanor involving moral turpitude; or (2) be found liable of violating any federal, state or city law prohibiting discrimination or sexual harassment; or (3) be found liable of violating any federal, state or city laws prohibiting retaliation against public servants who assert a lawful claim of any nature or otherwise engage in lawfully protected activity; or (4) be found liable of violating any state laws governing lobbying activities or regulating political activity. Section 6. Conflict of Interests and Personal Benefits Prohibited (a) Except as otherwise permitted under applicable federal, state and city laws and policies, including the City’s procurement policies, no public servant shall have a personal interest in any official action. (b) No public servant shall accept or receive, directly or indirectly, from any person, including one whose identity is unknown to the public servant, any personal benefit under circumstances in which it can reasonably be inferred that the benefit is intended to influence the public servant or as a reward for any official action of the public servant. (c) No person, including any vendor, contractor, business, or board of the City, shall offer or give any personal benefit to any public servant or any partner-in- interest of the public servant. (d) No public servant nor partner in interest of that public servant shall solicit from any person, directly or indirectly, any personal benefit, regardless of value, or the promise of receiving a personal benefit in the future, for the public servant. (e) No current or former public servant shall intentionally use or disclose information gained in the course of, or by reason of, his or her official position or activities in any way that could result in the receipt of any personal benefit for the public servant, for a partner in interest of that public servant, or for any other person. This provision shall not: (1) prohibit the disclosure of public information; or (2) prohibit the disclosure of information the public servant has been authorized to disclose; or 7 (3) prohibit the disclosure of any such information to incumbent public servants to whom the information may be pertinent; or (4) prevent the disclosure of violations of this Ordinance or other illegal acts to the proper authorities; or (5) prohibit the disclosure of any such information the disclosure of which is required by law. Section 7. Duty to Leave Meeting To avoid the appearance of impropriety, after any public servant or a partner in interest is determined to have a conflict of interest or a potential conflict of interest in any matter, and once all questions relating to the conflict of interest have been answered to the satisfaction of the decision maker, the public servant shall immediately leave the meeting room, except that if the matter is being considered at a public meeting, the public servant may remain in the area of the room occupied by the general public. Nothing herein shall require members of voting bodies to leave their seats while action is taken regarding any item contained on a “consent agenda” on which there is no deliberation, the public servant’s conflict has been disclosed, and the public servant abstains from voting on the item. Section 8. Public Contracts (a) The City is prohibited from entering into any contract with a business in which a public servant or a public servant’s partner in interest has a controlling interest involving services or property of a value in excess of $2,500. (b) Any public servant who has or may have a personal interest in any contract shall disclose such interest prior to the first of any of the following events: the solicitation of a contract; the bidding of a contract; the negotiation of a contract; or the approval of a contract by the governing body. (c) Any contract entered into in violation of this Section may be voided by the City in an action commenced within three (3) years of the date on which the Board, or the department or officer acting for the City in regard to the allocation of funds from which such payment is derived, knew or should have known that a violation of this section occurred. This section does not affect the application of any state statute. (d) Mandatory Provision in Volunteer Agreements. Volunteers share in receiving the public’s trust and in the responsibility to contribute to creating and maintaining an ethical work environment. Volunteers serve 8 without the expectation of receiving any compensation from the City, and it is improper for any Volunteer to seek any compensation. Volunteers, unless expressly authorized by a public servant empowered to grant such authorization, are prohibited from acting as Volunteers in any matter in which they have a conflict of interest or a potential or alleged conflict of interest; or in any matter in which they hope to receive any personal benefit. Section 9. Disclosure of Conflict of Interest or Potential Conflict of Interest (a) A governing body member who has or may have, a conflict of interest in a matter which requires an official action by any decision maker, shall, before the matter is decided, disclose the conflict of interest or the potential or alleged conflict of interest; if the member of the governing body believes that no conflict of interest exists, or that despite any alleged or potential special interest, such governing body member is nevertheless able to vote and otherwise participate fairly, objectively and in a manner consistent with the public interest, then the member shall so state in the written disclosure. (b) If any member of the Board has or may have a conflict of interest in any matter before the Board, such member shall not appear before the Board, discuss, debate, deliberate about, act upon, vote upon or otherwise participate in or influence the decision-making process pertaining to the matter in which the member has a conflict of interest. (c) If the City Attorney or any Assistant City Attorney has or may have a conflict of interest in any matter before the Board, or if any attorney who is responsible for performing any functions on behalf of the Board is precluded from doing so because of a legal conflict of interest which cannot be resolved by the City Attorney’s Office internally by screening or some other method, the City Attorney shall disclose the personal interest, or the nature of the conflict, to the Board. If the Board determines that the City Attorney has a personal interest in the matter, or if the City Attorney determines that the City Attorney’s Office cannot resolve the conflict in a manner which will allow the City Attorney’s Office to perform its duties properly, then the Board may engage outside counsel upon terms and conditions approved by the governing body. (d) Any public servant who has or may have a conflict of interest shall disclose it. After receiving a disclosure, the City Clerk shall: (1) maintain a record of such disclosure; and (2) promptly forward copies of the disclosure to any person named in the disclosure, the Board and the City Attorney. (e) Any public servant who believes that any other public servant has a conflict of interest in any agenda item before a governmental body shall disclose such interest to the City Clerk, and the City Clerk shall forward copies of such disclosure to 9 the person alleged to have a conflict of interest, the Board and the City Attorney. (f) A public servant, in addition to disqualifying himself or herself from participation in any decision regarding the pecuniary or employment interest of a partner in interest, shall make known the existence of the relationship and the interest by filing, with the City Clerk a written disclosure of the relationship and the nature and extent of the conflict of interest involved. Section 10. Unauthorized Outside Employment (a) The purposes of the policies governing unauthorized outside employment are to prevent conflicts of interest and conflicts of loyalty; to prevent abuses regarding dual compensation, payment for work not done, or unlawful gifts of public funds; and to prevent excessive loss of efficiency in the performance of public service. (b) A public servant shall not accept any employment, nor enter into any contract, nor perform any service for compensation that results in a financial conflict of interest or a conflict of loyalties which would affect the performance of the public servant’ s official duties. (c) Employees. (1) An employee of the City may be self-employed or may take occasional or part-time jobs if, in the opinion of his or her department head, there is no conflict with working hours, the employee's efficiency in his or her City work, or other interests of the City. (2) Before engaging in outside employment, employees shall have the written approval of their department heads or designee in emergency situations. (3) Public servants who hold management level positions shall notify the City Manager prior to creating, contracting with, or being employed by any business other than the City. The City Manager shall provide written approval or disapproval of the notification within a reasonable time. Any action undertaken by the City Manager shall require prior approval by the City Council. (4) All requests for approval of outside employment shall state the type and place of employment, the hours of work and the employer's name and address. (5) City employment shall remain the employee’s first priority, and if at any time the outside employment interferes with an employee's job requirements or performance for the City, the employee shall be required to modify the conditions of the outside employment or terminate either the outside employment or the City employment. 10 (d) City Attorney and Assistants. Neither the City Attorney nor any Assistant City Attorney shall engage in any unauthorized private practice of law for compensation during the period in which they hold office. To the extent they may be authorized to engage in the private practice of law, they shall comply with the state laws governing the professional conduct of lawyers, and any violation of those laws while they are acting as attorneys for the City shall also be deemed to be a violation of this Ordinance. Section 11. Prohibited Conduct, and Other Abuses or Misuses of Position (a) Public servants of the City shall treat all citizens with courtesy, impartiality, fairness, and equality under the law, and shall avoid both actual and potential conflicts between their private self-interest and the public interest. Prohibited conduct of each such public servant shall include, but not be limited to, the following: (1) granting or making available to any person any special consideration, treatment, advantage, or favor beyond that which it is the general practice to grant or make available to the public at large; (2) requesting, using or permitting the use of any publicly-owned or publicly-supported property, vehicle, equipment, labor, or service for the personal convenience or the private advantage of oneself or any other person, except as otherwise allowed by law or as authorized by the City Manager; (3) participating in the deliberation of or voting on any matter involving personal financial or personal interest, or where the public servant has an interest which is materially adverse to the applicant or persons affected by the outcome of the matter; (4) engaging in private employment with, or rendering services for, any private person who has business transactions with the City, unless employee has made full public disclosure of such employment or services and received approval of their supervisor or the City Manager; (5) appearing on behalf of any private person, other than oneself, before any public body in the City; (6) accepting any gift, whether in the form of money, thing, favor, loan, or promise, that would not be offered or given to the employee if the individual were not an official or employee, with the exception of minor tokens of less than $25.00 in value such as food or beverages; 11 (7) disclosing any confidential information concerning any official or employee, or any other person, or any property or governmental affairs of the City, without prior formal authorization of the governing body; (8) using or permitting the use of confidential information to advance the financial or personal interest of the individual or any other person; (9) ordering any goods and services for the City without official authorization for such an expenditure. (10) use his or her superior position to request or require an employee to: (i) do clerical work on behalf of the member's family, business, social, church or fraternal interest when such work is not furthering a City interest; or (ii) perform any work outside the employee's normal course of municipal employment; or (iii) purchase goods and services for personal, business, or political purposes; or (iv) work for him or her personally without offering just compensation. (11) A public servant shall not draw per diem or expense monies from the City to attend a seminar, convention, or conference and then fail to attend the seminar, convention, or conference without refunding the pro-rata unused per diem or expense monies to the City. (b) No public servant shall hold any other office, elected or appointed, in any other governmental entity, when the duties of such office are incompatible with the proper discharge of the public servant’s duties with the City. For purposes of this Ordinance, the holding of any office, elective or appointive, with any other governmental entity by any member of the governing body or of a board is hereby prohibited in any one of the following circumstances: where one office is subordinate to the other; where one office carries the power of removal of the other; or where the occupancy of both offices is prohibited by the City Charter or other law. (c) No public servant shall falsely represent his or her personal opinion to be the official position of the City, and no public servant shall falsely represent his or her personal opinion to be the official position of any board or City administrators. This subsection shall not apply to statements of elected officials made in the course of fulfilling the responsibilities of their offices or in running for election to office, nor shall it apply to the professional opinions of City officers or employees rendered in the course Deleted: prior Deleted: City Council Member 12 of performing their duties, provided that such opinions are clearly identified as professional opinions. (d) All public servants have a fiduciary duty to use City fiscal and human resources in a manner which advances the public interest, and to refrain from using City resources for their personal benefit; therefore, public servants are prohibited from using City resources in any manner which violates any applicable law or policy, and are expressly prohibited from using any City resource to obtain any personal benefit. (e) No public servant shall use his or her official authority or position to influence or interfere with or affect the results of any election, nor to solicit or receive contributions from City employees in connection with any City election. (f) No public servant shall suppress any public document, record, report or any other public information available to the general public because it might tend to unfavorably affect their private financial, personal, or political interest. (g) When a public servant, in the course of carrying out his or her duties, has been offered or is discussing future employment with a business that is presently dealing with the City concerning matters within the public servant's current official duties, that person shall disclose such possible future employment to the City Manager. The City Manager shall disclose such possible future employment to the City Council. (h) No member of the governing body having a personal interest in a matter shall represent himself or herself or any other person before the governing body in connection with that matter, nor in connection with any matter in which a partner in interest has a personal interest, except in cases where a legal right to self-representation exists. (i) No member of a board having a conflict of interest shall represent himself or herself or any other person before that board in connection with that matter, nor in connection with any matter in which a member of his or her immediate family or a business with which he or she, or a member of his or her immediate family, is associated has a prohibited interest, except in cases where a legal right to self-representation exists. (j) No member of a board who is prohibited by this provision from representing himself or herself before that board shall represent himself or herself in the appeal of any decision of that board to any decision maker. (k) No public servant shall, while in the course and scope of their duties, engage in any kind of behavior towards another public servant or member of the public that, as perceived by the recipient, is threatening or abusive in nature. Section 12. Board of Ethics (a) There is created a Board of Ethics consisting of seven members. Each member of the Board of Ethics shall have been a resident of the City for at least one (1) Deleted: ¶ ¶ 13 year immediately preceding the date of taking office and shall remain a resident of the City while serving as a member of the Board of Ethics. (b) Members of the Board shall not be elected officials, persons appointed to elective office, full-time appointed officials (whether exempt or nonexempt), or City employees, and shall hold no elected public office nor any other City office or employment. (c) Members of the Board shall be appointed by the Mayor and approved by the City Council. Each member appointed to the Board shall be a resident of the electoral district for which they are nominated. An appointment to fill a vacancy on the Board shall be made by the Mayor and approved by the City Council. (d) The Board shall elect one (1) of its members to serve as chairperson of the Board. (e) Board members shall serve staggered terms consistent with the term of the elected official who nominated them to the board. A member shall hold office until a member’s successor is appointed by the City Council. An appointment to fill a vacancy on the Board shall be made by the Mayor and approved by the City Council. (f) No person may serve more than two (2) consecutive terms as a Board member. (g) The Board's deliberations and actions upon requests shall be open to the public. (h) Members of the Board are Volunteers and shall serve without compensation. The governing body shall provide meeting space for the Board of Ethics. Subject to budgetary procedures and requirements of the City, the City shall provide the Board of Ethics with such supplies and equipment as may be reasonably necessary to perform its duties and responsibilities. (i) The governing body shall provide such staff support for the Board as the governing body determines to be necessary for the Board to fulfill its duties and responsibilities. The City Attorney is designated to be the legal advisor for the Board, except that the City Attorney is not authorized to represent the Board in any legal action if doing so would create a conflict which would prevent the City Attorney from also representing the Mayor, the City Manager, or City Council. The City Clerk shall serve as Recording Secretary to the Board. Section 13. Duties and Powers of the Board (a) The Board shall, in addition to its other duties: (1) develop and adopt written procedural rules, which rules shall be Deleted: of no more than three (3)years 14 subject to the approval of the Mayor and City Council, and filed with the City Clerk; and (2) be authorized to administer oaths; and (3) conduct hearings as needed to hear and decide specific cases in which a violation of this Ordinance is alleged. All cases to be investigated by the City Attorney and heard by the Ethics Board regarding alleged violations of this Ordinance as a result of the conduct of individuals must be initiated by the filing of a written complaint in accordance with the procedure as set forth in Section 17 below. Other actions relating to issues of policy such as questions as to whether this Ordinance is being violated by City action may be brought by the request of anyone or on the Board’s own motion; and (4) no later than December 1st of each year, submit an annual report to the Mayor and City Council concerning its action, if any, in the preceding year, which shall contain a summary of its decisions and opinions; the Board shall make any alterations in the summaries necessary to prevent disclosure of any confidential information pertaining to any individual or organization; and (5) establish a process for evaluating all significant aspects of the administration and implementation of this Ordinance; and (6) prescribe and make available necessary forms for use under this Ordinance; and (7) when necessary, request assistance from the City Attorney in compelling the production of documents and witnesses to assist in any investigation; and (8) when necessary, retain outside legal counsel and other experts as needed after solicitation of recommendations from the City Attorney (unless the need to retain outside counsel is caused by a conflict involving the City Attorney’s Office), and upon approval by the governing body of a contract for services approved as to form by the City Attorney. (b) The Board may: (1) conduct meetings and hearings as the Board determines necessary or appropriate: (i) to ascertain public opinions and to gather information from the general public, employees, or others regarding any aspect of the City’s ethics policies or practices; and (ii) for any other purpose for which the Board is authorized to conduct hearings; and Deleted: , whether such cases arise from a complaint or are 15 (2) respond, as it deems appropriate, to requests for confidential advisory opinions; the Board may decline to render an opinion in response to any request for an advisory opinion; and (3) render and publish written formal opinions on any matter within the scope of the Board’s authority; the Board may initiate opinions on its own motion or upon request; and (4) at the request of a person, the City Attorney may render an informal opinion with respect to the prospective conduct of such person. Nothing in this Ordinance shall be construed to prohibit a request for an informal opinion by any public servant from the City Attorney regarding a potential conflict of interest. If the City Attorney elects to render an informal opinion, the City Attorney shall, within a reasonable time, submit a written summary of the opinion to the Board for the Board’s information; if the City Attorney declines to render an informal opinion, nothing shall preclude the person requesting the opinion from requesting the Board for an opinion; and (5) prepare and publish special reports, technical studies, and recommendations to further the purposes of this Ordinance; and (6) make recommendations to the Mayor and City Council of legislative or administrative actions regarding the City’s policies and practices which the Board believes could enhance the ethical environment in which public servants work; and (7) make recommendations to the City Manager and City Attorney with respect to the development of an educational program for public servants subject to this Ordinance, new Board members, and the public about their rights, duties and responsibilities hereunder. Section 14. Custodian of Records The City Clerk shall serve as legal custodian of the Board’s records, and accept, file, maintain and administer, in accordance with allapplicable laws, any information related to the purposes of this Ordinance. Section 15. Who May Request Board Action (a) Any person may file a request for Board action with the City Clerk, either personally or on behalf of a governmental body, and may request of the Board an ethics opinion, whether a formal opinion or a confidential advisory opinion, regarding the propriety of any matter or matters to which the person is or may become a party; and any decision maker, with the consent of a prospective appointee, may request of the Board an ethics opinion regarding the propriety of any matter to which the public servant, prospective public servant or former public servant is or may become a party. Deleted: ¶ Deleted: n Deleted: organization or 16 (b) Any request for Board action shall be in writing, shall be signed by the person making the request, and shall comply with Section 17 below. Section 16. Limitations on Board’s Power The Board does not have the authority to reverse or otherwise modify a prior action of the Mayor, governing body, or an officer or employee of the City. If the Board finds a prior action of the Mayor, the governing body, officer or employee to have been ethically improper, the Board may advise the appropriate party or parties that the action should be reconsidered. Upon such advice by the Board, the action shall be reconsidered by the appropriate person or public body. If the Board determines an existing City contract to be ethically improper, after such determination and advice from the Board, the City may void or seek termination of the contract if legally permissible. The Board may refer a matter to the City Attorney for review and consideration for appropriate action. Upon completion of review and consideration, the City Attorney’s Office shall report its findings to the Board. Section 17. Procedures for Hearing Complaints (a) Any person may file a written complaint, signed and sworn in the presence of a notary, with the City Clerk alleging a violation of this Ordinance. (b) A complaint shall specify the provisions of this Ordinance alleged to have been violated and facts alleged to constitute the violation. (c) Every ethics complaint filed shall contain the following statement: “I have read the complaint and aver that the facts contained therein are true to the best of my knowledge and belief and I am aware that the Ethics Ordinance that created the Ethics Board authorizes the Board to impose penalties for filing a frivolous complaint including without limitation, dismissal of the complaint, criminal prosecution for perjury, and/or payment of costs associated with the handling and processing of the complaint.” (d) Upon receipt of such a complaint, and until an investigation of the complaint is concluded, all matters regarding the investigation, facts of the matter giving rise to the complaint and status of the investigation shall not be disclosed and shall be kept in confidence. Neither the Ethics Board, City Council or any other Board or Commission shall entertain public comment, place the matter on its agenda, or entertain discussion of the issue until the City Attorney delivers his or her report to the Ethics Board for its consideration and the Ethics Board makes a final determination or forwards its report to the City Council for a final determination. (e) Upon receipt of such a complaint, but in any event not later than five (5) working days after receipt, the City Clerk shall acknowledge receipt to the Deleted: and Deleted: . Deleted: c 17 complainant(s), and forward the complaint simultaneously to the Board, the person who is complained against and the City Attorney. (f) The City Attorney shall provide the Board with a preliminary written analysis of the complaint no later than thirty (30) days from the date the complaint is filed with the City Clerk. (g) In the event that the author of a complaint submitted to the Board fails to cooperate with any investigation undertaken, the complaint shall be deemed dismissed. (h) During any investigation and during any hearing which is conducted to determine whether a violation of this Ordinance has occurred (1) the person under investigation or the accused may be represented by counsel of his or her own choosing; and (2) the accused or his or her representative, if any, shall have an opportunity to (i) challenge the sufficiency of any complaint which has been filed against him or her; and (ii) examine all documents and records obtained or prepared by the Board in connection with the matter heard; and (iii) bring witnesses; and (iv) establish all pertinent facts and circumstances; and (v) question or refute testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses; and (vi) exercise, to the extent the Board, in its discretion, determines to be just and reasonable, any pretrial discovery procedure usually available in civil actions. (i) The following principles shall apply regarding evidence in connection with hearings conducted by the Board: (1) The Board shall not be bound to adhere to statutory Rules of Evidence, but shall be fundamentally fair and reasonable in its administration of evidence; and (2) All evidence including certified copies of records which the Board considers shall be fully offered and made a part of the record in the proceedings; and Deleted: d Deleted: e Deleted: f 18 (3) The accused or any other person under investigation shall be afforded adequate opportunity to rebut or offer countervailing evidence; and (4) The Board shall inform the accused or his or her counsel of exculpatory evidence in its possession; and (5) The standard of evidence sufficient to prove a violation in hearings conducted under this Ordinance shall be by a preponderance of the evidence admitted at the hearing. (j) The Board, in addition to its other duties and powers, may: (1) appoint a hearing officer to conduct hearings under this Ordinance; and (2) with the approval of the governing body, retain outside legal counsel and other experts as needed with respect to hearings in accordance with its policies. The selection of a hearing officer and outside counsel and other experts and any contract for such persons shall be made after solicitation of recommendations from the City Attorney and upon approval by the governing body of a contract for services approved as to form by the City Attorney; and (3) order testimony to be taken by deposition before any individual who is designated by the Board and, in such instances, to compel testimony and the production of evidence to the extent it is otherwise lawfully authorized to do so; and (4) require any person to submit in writing such reports and answers to questions relevant to the proceedings as the Board may prescribe, such submission to be made within such period and under oath or otherwise as the Board may determine; and (5) request and obtain copies of state income tax returns and access to other appropriate information as permitted under state law regarding all persons who are the subject of such investigation. (k) The person complained against shall have thirty (30) days from the date of receipt of the complaint from the City Clerk to submit a written response prior to the Board deciding whether to hold a hearing. (l) Any person whose name is mentioned or who is otherwise identified during a hearing and who, in the opinion of the Board, may be adversely affected thereby, may, upon request of the person or a representative of the person, or upon the request of any member of the Board, appear at the hearing to testify on his or her own behalf or have a representative appear to so testify, and the Board may permit any other person to appear and to testify at a hearing. (m) Upon request of the accused, on its own motion, or upon request of the Deleted: g Deleted: h Deleted: i Deleted: j 19 City Attorney, the Board shall be authorized to issue subpoenas to compel the attendance of necessary witnesses. (n) Within thirty (30) days, following receipt of the City Attorney’s analysis, the Board shall review and consider the complaint and the City Attorney’s analysis, and, if a hearing is to be held, shall set a date certain for the hearing to take place within thirty (30) days of said review by the Board, unless the accused petitions for and the Board consents to a later date. (o) As soon as practicable after giving due consideration to a complaint, or, if a hearing was held, after the hearing, the Board shall take any action or combination of actions which it deems appropriate and which it is lawfully empowered to take, including, but not limited to the following: (1) dismiss the complaint based on any of the following grounds: (i) the complaint does not allege facts sufficient to constitute a violation of this Ordinance; or (ii) the Board has no jurisdiction over the matter; or (iii) failure of the complainant to cooperate in the Board’s review and consideration of the complaint; or (iv) the complaint is defective in a manner which results in the Board being unable to make any sound determination; and (2) determine that no violation of this Ordinance has occurred; or (3) determine that the complaint alleges facts sufficient to constitute a violation of this Ordinance and that the Board will conduct a hearing, in which case the Board shall promptly send written notice of such determination to the accused and to the complainant; or (4) determine that further information is required to determine whether the complaint alleges facts sufficient to constitute a violation of the Ordinance; and (i) conduct its own investigation of any alleged violation; or (ii) request the City Attorney to investigate the complaint and report all findings back to the Board; or (iii) schedule the complaint for further review and consideration at a future time certain, in which case the Board shall promptly send written notice of such determination to the accused and to the party who made the complaint; or Deleted: k Deleted: l 20 (iv) refer the complaint for criminal investigation or prosecution; or (v) refer the complaint, along with the Board’s findings and conclusions, to any appropriate administrative authority for disciplinary action or other suitable remedial action; the Board, although it has no independent administrative authority, may make any recommendation to any City administrator at any level of supervision, if the Board finds that the recommendation will advance the objectives of this Ordinance. (5) After it has made its final determination, the Board shall issue its written findings of fact and conclusions, and may issue any additional reports, opinions and recommendations as it deems necessary. All such reports shall be in compliance with all state and city laws governing confidentiality, open government, and torts. All such reports shall be reviewed by the City Attorney prior to issuance. Section 18. Those Subject to Removal Only by the Governing Body (a) If findings relative to an elected or appointed official are filed by the Board with the governing body, the matter shall be referred to the appropriate standing committee of the governing body for a report, or the governing body may appoint a special committee and proceed in accordance with any other applicable state or local laws. (b) The committee, in reporting the matter to the governing body, may recommend a dismissal of the charges, a reprimand, or a hearing before the governing body to determine whether removal from office is warranted under the applicable provisions of the state and local laws. Failure of an official to file the required financial disclosure statement may constitute grounds for removal from office. (c) Any hearing by the governing body or by a special or standing committee as designated by the governing body, shall be conducted in accordance with the following provisions: (1) The accused official must be given at least thirty (30) days notice of the hearing date. (2) The rules of evidence of the Official Code of Georgia shall apply to the hearing. All evidence, including certified copies of records and documents which the governing body considers shall be fully offered and made part of the record in the case. (3) Each party shall be afforded adequate opportunity to rebut or offer countervailing evidence, and to examine and cross-examine witnesses. (4) During the entire hearing conducted under the provisions of this 21 Ordinance, the official or any person whose activities are under investigation shall be entitled to be represented by counsel of his or her choosing. The governing body shall immediately disclose and forward to the official or his or her counsel any and all exculpatory evidence. (5) The accused official or his or her representative shall have an adequate opportunity to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing, to bring witnesses, and to question or refute any testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses. (6) The governing body shall have the power to compel the attendance of witnesses and to issue subpoenas for books, records, documents or papers therein to be designated under the authority granted to it by state law. (7) The governing body may request income tax returns of the official whose conduct or activities are under consideration by the governing body. The examination of the official’s income tax returns shall be in accordance with state law. (d) Governing body action. The governing body shall make a determination in regard to the recommendation of the committee. Dismissal of the findings of the Board as referred to the governing body, or reprimand by the governing body shall be by a majority vote. Removal from office shall be in accordance with all applicable state and local laws. Section 19. Ex Parte Communications (a) After a complaint has been filed and during the pendency of a complaint before the Board, no member of the Board may communicate directly or indirectly with any party or other person about any issue of fact or law regarding the complaint, except that 1.the members of the Board may obtain legal advice from the City Attorney and may discuss the complaint with and anystaff provided to the Board by the governing authority; and 2.the members of the Board may discuss the complaint at a lawfully conducted meeting only. 3. If any person attempts to communicate with a Board member regarding the pending complaint, the Board member shall report the substance of the communication to the Board on the public record at the next meeting or hearing of the Board. Deleted: Deleted: (a) Deleted: their Deleted: Deleted: (b) 22 (b) No Board member shall undertake an independent investigation of any complaint or matter before the Board. Section 20. Confidentiality of Board Information No member of the Board nor any public servant who has access to any confidential information related to the functions or activities of the Board shall divulge that information to any person not authorized to have it. The identity of a person who requests a confidential advisory ethics opinion is confidential, as is information describing or pertaining to any organization mentioned if the disclosure of the information could lead to the disclosure of the identity of the person requesting the confidential advisory opinion. Section 21. Wrongful Use of Ethics Board The purpose of the Board of Ethics is to endeavor to maintain a high standard of ethical behavior by City officials, employees and other public servants. This will be most effective when city officials, employees and other public servants and citizens work together to set and maintain high ethical standards. Complaints directed to the Board must be based on fact and have the intent to improve the ethical climate of the City. Individuals directing unfounded, frivolous, false or politically motivated Complaints to the Board of Ethics may be subject to penalties including but not limited to dismissal of the Complaint, public reprimand, criminal prosecution for perjury, and/or payment of costs associated with the handling and processing of the Complaint. Other penalties may be imposed by the Ethics Board for the wrongful use of the Code of Ethics. Section 22. Wrongful Use of the Code of Ethics (a) A wrongful use of the Code of Ethics shall occur if and when a frivolous or false complaint is filed in a negligent, reckless or purposeful manner without a basis in law or fact and for a purpose other than reporting a violation of this Code. A person has not filed a frivolous complaint if he/she reasonably believes that facts exist to support the claim and either reasonably believes that under those facts the complaint is valid under this Code or acts upon the advice of counsel sought in good faith and given after full disclosure of all relevant facts within his/her knowledge and information. (b) In deciding if a complaint is a "Wrongful use of the Code of Ethics", the Ethics Board may also consider: (1) the timing of the complaint with respect to when the facts supporting the alleged violation became known or should have become known to the complainant, and with respect to the date of any pending election in which the respondent is a candidate or is involved with a candidacy, if any; Formatted: Indent: Left: 0", First line: 0.5", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" 23 (2) the nature and type of any publicity surrounding the filing of the complaint, and the degree of participation by the complainant in publicizing the fact that a complaint was filed with the Ethics Board; (3) the existence and nature of any relationship between the respondent and the complainant before the complaint was filed; (4) if respondent is a candidate for election to office, the existence and nature of any relationship between the complainant and any candidate or group opposing the respondent; (5) any evidence that the complainant knew or reasonably should have known that the allegations in the complaint were groundless; and (6) any evidence of the complainant’s motives in filing the complaint. Section 23. Waiver of Confidentiality A person who makes or purports to make public the substance of or any portion of an advisory opinion requested by or on behalf of that person is deemed to have waived the confidentiality of the request for an advisory opinion and of any records obtained or prepared by the Board in connection with the request. Section 24. Statute of Limitations No action may be taken on any complaint which is filed later than one (1) year after a violation of this Ordinance is alleged to have occurred, and a complaint alleging a violation must be filed within six (6) months from the date the complainant(s) knew or should have known of the action alleged to be a violation. Section 25. Penalties Any violations of this Ordinance shall be punishable to the maximum extent permitted by law. Any disciplinary action shall be carried out in accordance with the provisions of this Ordinance, as well as any other applicable laws, policies and procedures applicable to the position of the offender and the gravity of the offense. The Board is permitted to take any action which it is otherwise lawfully permitted to take, including, but not limited to, any one or combination of the following which the Board deems appropriate under the circumstances: public admonition by the Board; public reprimand by the Board; and recommendation to the City Council for suspension, demotion, forfeiture of office or removal from office, and/or termination from employment, as allowed by applicable law. Deleted: 2 Deleted: 3 24 Section 26. Penalties Cumulative The penalties prescribed in this Ordinance shall be cumulative and not exclusive of each other or of any other penalties which may be imposed pursuant to any other laws or policies.Section 27. Liberal Construction of Ordinance The provisions of this Ordinance are to be construed liberally, to the end that the public interest be fully protected, and shall be construed in a manner consistent with all applicable federal and state laws and applicable provisions of the City Charter. Section 28. Severability If any provision of this Ordinance is deemed invalid by any court or by any federal or state agency of competent jurisdiction, or is held by such court or agency to be modified in any way in order to conform to the requirements of any such provision, the conflicting provision of this Ordinance shall be considered a separate, distinct and independent part of this Ordinance, and such holding shall not affect the validity and enforceability of this Ordinance, or any part other than the part declared to be invalid. Section 29. Effective Date This Ordinance shall be effective upon the approval and adoption by the governing body of the City. Deleted: 4 Deleted: ¶ ¶ ¶ Deleted: 5 Deleted: ¶ ¶ Deleted: 6 Deleted: ¶ ¶ Deleted: 7 25 APPENDIX OF DEFINITIONS For purposes of this Ordinance, the following terms, phrases, words and their derivatives shall have the meanings given herein. (1) Appointing authority means the Mayor, City Council, City Manager or any other person who appoints a person to a public position. (2) Associated, when used with reference to a business or an organization, includes any business or organization in which a public servant or a public servant’s partner in interest is a director, officer or trustee, or owns or controls, directly or indirectly, and severally or in the aggregate, at least 5% of the outstanding equity, or any business or organization in which a public servant or a partner in interest has a personal interest. (3) Benefit means (a) anything having a monetary value in excess of $100; or (b) anything, regardless of its monetary value, perceived or intended by either the one who offers it or the one to whom it is offered to be sufficient in value to influence a public servant in the performance or non-performance of an official action; or (c) anything, regardless of its monetary value, which, under the circumstances, a reasonably prudent person in the position of the public servant to whom the thing is or may be offered, would recognize as being likely to be intended to influence the public servant in the performance or non-performance of an official action; and (d) the term “benefit” includes, but is not limited to, a valuable act, advance, award, contract, compensation, contribution, deposit, emolument, employment, favor, fee, forbearance, fringe benefit, gift, gratuity, honorarium, loan, offer, payment, perquisite, privilege, promise, reward, remuneration, service, subscription, or the promise that any of these things will be conferred in the future. (4) Board means the Board of Ethics established by the City to operate under the provisions of this Ordinance, unless the context clearly indicates otherwise; used generically, “board” may mean any voting body (a) which is established to participate as a body in some manner in the conduct of the City government, including participation which is merely advisory, whether established by state law, city charter, ordinance, contract, executive action or any other lawful means; and (b) any part of whose membership is appointed by the Mayor, City Council or governing body acting on behalf of the City; but the term “board” does not include a board, commission or committee which is the governing body of a separate 26 political subdivision of the State, or whose membership, after appointment, is not subject to any regulation by the governing body; nor does it include any City administrative agency, bureau, department, division or office which is administered by individuals rather than by a body. (5) Business means an activity, association, commercial entity, corporation, enterprise, firm, franchise, holding company, joint stock company, organization, partnership, receivership, self-employed individual, sole proprietorship, trust or other legal entity established to earn or otherwise obtain money, whether for profit or non- profit, excluding a municipal corporation or governmental entity. (6) Business with which a public servant is associated means a business in which any of the following applies: (a) The public servant is an owner, partner, director, officer, employee or independent contractor in relation to the business; or (b) A public servant’s partner in interest is an owner, partner, director or officer; or (c) The public servant or a partner in interest is a stockholder of close corporation stock which is worth at least $1,000 dollars at fair market value or which represents more than a 5% percent equity interest; or (d) The public servant or a partner in interest is a stockholder of publicly traded stock which is worth at least $5,000 at fair market value or which represents more than 5% percent equity interest, other than publicly traded stock under a trading account if the public servant reports the name and address of the stockholder; or (e) Any business, regardless of ownership or value, by whom or for whose benefit a decision maker is influenced to act in the hope or expectation of obtaining a personal benefit for the public servant or for a partner in interest of the public servant. (7) Candidate means an individual who is a candidate for an elective office in the City, as defined in the City Charter, or an applicant for City employment or for an appointive City position. (8) Child means a son or daughter, whether or not the son or daughter is the biological offspring of the legal parent or parents and whether or not the son or daughter is financially dependent on the parent or parents. (9) Confidential information means information which has been obtained in the course of holding public office, employment, an independent contract or otherwise acting as a public servant, and which information is not available to members of the public under The Georgia Open Records Act or other law or regulation and which the 27 public servant is not authorized to disclose, including: (a) any written information that could lawfully be excepted from disclosure pursuant to state law, unless the public servant disclosing it is authorized to do so by state law, or pursuant to some other pertinent law, policy or procedure; and (b) any non-written information which, if it were written, could be excepted from disclosure under state law, unless the public servant disclosing it is authorized to do so by the state law, or pursuant to some other pertinent law, policy or procedure; and (c) information which was obtained in the course of or by means of a record or oral report of a lawful executive or closed session, whether or not the disclosure of the information would violate state law, unless the public servant disclosing it is authorized by state law to do so, or unless the public servant disclosing it has been properly authorized to disclose it pursuant to an applicable law, policy or procedure; however, when such information is also available through channels which are open to the public, this provision does not prohibit public servants from disclosing the availability of those channels. (10) Compensation means any benefit conferred upon or received by any person in return for services rendered or to be rendered. (11) Conflict of interest means not only a personal interest, as defined in this Ordinance, but also a professional or non-pecuniary interest, such as arises when the City Attorney is precluded from representing one public servant because of the City Attorney’s preexisting attorney-client relationship with another public servant. (12) Controlled or illegal substance means any drug or other substance, the use of which is regulated by federal or state law, except that within the meaning of this Ordinance the term does not include any drug or substance which has been lawfully prescribed by an authorized person for the use of a public servant, and which is used by the public servant in accordance with the prescription. (13) Decision maker means any public servant or group of public servants empowered to act in a discretionary manner on behalf of the City in any capacity whatsoever, including the making of recommendations. Decision maker includes, but is not limited to, any City agency, bureau, department, division, office, administrator or person who is charged with implementing and administering particular legislation or executive or administrative decisions, and, to the extent this Ordinance is applicable to them, any volunteer or independent contractor who is empowered to exercise any discretionary power which could influence a public servant in the performance or nonperformance of an official action. In this Ordinance, the term “decision maker” is used to represent any and every public servant who could take any discretionary action regarding a matter in which a public servant or a partner in interest has or may have a conflict of interest, or as a result of which a public servant might receive a personal 28 benefit. (14) Decision making means the exercise of any discretionary public power in any capacity whatsoever, including the making of recommendations, by any public servant whose action pertains to a matter in which a public servant or a public servant’s partner in interest has or may have a conflict of interest, or as a result of which a public servant might receive a personal benefit. (15) Disclose means, unless the context of this Ordinance indicates otherwise, to provide the City Clerk with written notice of a conflict of interest or a potential conflict of interest, and any other pertinent information, including the nature and extent of the public servant’s conflict of interest, the decision maker(s) who may act on the matter, and the name and address of any person alleged to have a conflict of interest or a potential conflict of interest. Unless this Ordinance or a law which supersedes it requires or permits another procedure, information shall be deemed disclosed if any public servant within a reasonable time before any official action is to be taken by the decision maker, provides the City Clerk with written notice disclosing the conflict or potential conflict. For purposes of this provision, “within a reasonable time” means within adequate time to allow the City Clerk, acting within the City’s normal schedule and procedures for transmitting written documents, to forward the disclosure to the decision maker(s) before whom the matter is pending or may be brought, and within adequate time to allow the decision maker(s) to review the disclosure before taking any official action. (16) Employee means a person, other than an elected public officer, employed and paid a salary to work for the City, whether under civil service or not, whether full- time, part-time, or on a contract basis, and including those officially selected but not yet serving; and, for purposes of establishing ethical obligations under this Ordinance and for no other purpose, the term “employee” includes volunteers, notwithstanding the fact that they are unpaid. (17) Gift means any benefit or thing or act of monetary value which is conveyed to or performed for the benefit of a public servant or a partner in interest, including any advance, award, contract, contribution, deposit, employment, favor, forbearance, gift, gratuity, honorarium, loan, payment, service, subscription, or the promise that any of these things or acts of value will be conferred in the future, if such thing or act of value is conferred or performed without the lawful exchange of consideration which is at least equal in value to the thing or act conferred or performed. (18) Governing body means the elected officials who comprise the legislative body of the City, as defined by the City Charter. (19) Immediate family means: (a) a public servant's spouse, children, grandchildren, parents, parents- in-law, grandparent, grandparents-in-law, sisters, sisters-in-law, brothers, brothers-in-law, sons-in-law, daughters-in-law, nieces, nephews, aunts, uncles (whether by marriage, 29 lineal descent or adoption ); and (b) a public servant's relative by marriage, lineal descent or adoption who receives, directly or indirectly, more than one-half of his or her support from the public servant or from whom the public servant receives, directly or indirectly, more than one-half of his or her support; and (c) an individual claimed by the public servant or the public servant’s spouse as a dependent under the United States Internal Revenue Code. (20) Interest means any personal benefit accruing to a public servant or the public servant’s partner in interest, whether in the public servant's own name or the name of any person or business from which the public servant is entitled to receive any personal benefit, as a result of a matter which is or which is expected to become the subject of an official action by or with the City. (21) Loan means a transfer of money, property or anything else of ascertainable monetary value in exchange for an obligation, conditional or not, to repay in whole or in part. (22) Matter means, unless the context of this Ordinance indicates otherwise, any act, action, agenda item, allegation, application, amendment, auction, bill, business, case, charge, claim, consideration, contract, controversy, decree, deed, deliberation, discussion, hearing, issue, lease, license, measure, offer, order, ordinance, permit, personnel action, petition, policy, presentation, procedure, privilege, proceeding, project, proposal, proposition, purchase, recommendation, regulation, rental, request, resolution, sale, subject, transaction, use, variance or other discretionary choice pending before a City decision maker when a public servant or a partner in interest has a personal interest in the outcome of the decision, or the decision may result in a personal benefit to a public servant or a partner in interest. (23) Ministerial action means a simple and definite action or function imposed by law where no exercise of discretion or judgment is required. (24) Negotiating concerning prospective employment means one or more discussions between a public servant and a potential employer other than the City concerning the possibility of the public servant or a partner in interest considering or accepting employment with the employer, in which discussion(s) the public servant responds in a positive way. (25) Office means any of the following: (a) An elective position within the government of the City; or (b) A City Attorney; or (c) An appointive City position in which a public servant serves for a 30 specified term, except a position limited to the exercise of ministerial functions or a position filled by an independent contractor; or (d) An appointive City position which is filled by the governing body or the executive or administrative head of the City, and in which the incumbent serves at the pleasure of the appointing authority, except a clerical position, a position limited to the exercise of ministerial functions or a position filled by an independent contractor. (26) Officer means any person elected or appointed to hold an office, as defined in the charter of the City. (27) Official action means any act, action, approval, decision, denial, directive, disapproval, inaction, order, performance, nonperformance, recommendation, vote, or other direct result of a public servant’s exercise of discretionary authority in connection with the public servant’s public position. (28) Official duty means any official action or ministerial action which a public servant is obligated or authorized to perform by virtue of being a public servant. (29) Official records means any minutes, papers, documents, completed forms, or other records maintained by a public agent for the purpose of fulfilling the disclosure requirements of this Ordinance. (30) Organization means, unless the context indicates otherwise, any non-profit business other than an individual or governmental agency. (31) Partner in interest means, when used in this Ordinance in connection with a public servant, as in the phrase “a public servant or a partner in interest” any and all of the following: (a) a member of the public servant's immediate family; or (b) a business with which the public servant or a member of the public servant’s immediate family is associated; or (c) any other person with whom the public servant or a member of his immediate family is in business, or is negotiating or has an agreement concerning future employment or the future conferring of any personal benefit, whether in the public servant's own name or the name of any business or person from whom the public servant is entitled, or expects to become entitled, to receive any personal benefit, as a result of a contract or trans-action which is, or which is expected to become, the subject of an official action by or with the City. The term partner in interest does not imply or require any form of legal partnership or formal agreement. (d) When used in the phrase “a public servant or a partner in interest,” the term “partner in interest” refers only to a partner in interest of the public servant to whom reference is being made, and not to any other person’s partner in interest. 31 (32) Reasonable means fair, proper, equitable and just under the circumstances. (33) Personal benefit means any benefit which is offered or received, or perceived to be offered or received, primarily for the purpose of influencing the manner in which a public servant performs or refrains from performing an official action, so that an attempt is made to induce the public servant, or the public servant is induced, to act in favor of some interest other than the public interest on the basis of an expectation or hope that the public servant or a partner in interest of the public servant will obtain some private gain by acting against the public interest; provided, however, that the term “personal benefit” within the meaning of this Ordinance does not include any of the following, which, although they may benefit individual public servants, are deemed to be primarily public benefits rather than personal benefits: (a) payment by the City of salaries, compensation or employee benefits; or payment by an employer or business other than the City of salaries, compensation, employee benefits or pursuant to a contract, when the payment is unrelated to a public servant’s status as a public servant and is not made for the purpose of influencing, directly or indirectly, the vote, official action or decision of a public servant; or (b) fees, expenses, or income, including those resulting from outside employment, which are permitted and reported in accordance with the policies of the City; or (c) authorized reimbursement of actual and necessary expenses; or (d) admission, regardless of value, to events to which public servants are invited in their official, representative capacity as public servants; or (e) campaign or political contributions which are made and reported in accordance with state law; or (f) reasonable hosting, including travel and expenses, entertainment, meals or refreshments furnished in connection with public events, appearances or ceremonies related to official City business, if furnished by the sponsor of such public event; or in connection with speaking engagements, teaching or rendering other public assistance to an organization or another governmental entity; this provision applies only if the City does not also pay the person for the same activity; or (g) awards publicly presented in recognition of public service, acts of heroism or for solving crimes; or (h) anything of value, regardless of the value, when the thing of value is offered to the City, is accepted on behalf of the City, and is to remain the property of the City; or 32 (i) commercially reasonable loans made in the ordinary course of the lender's business in accordance with prevailing rates and terms, and which do not discriminate against or in favor of an individual who is a public servant because of such individual’s status as a public servant; or (j) complimentary copies of trade publications; or (k) any unsolicited benefit conferred by any one person or business if the economic value totals less than $250.00 per calendar year, and if there is no express or implied understanding or agreement that a vote, official action or decision of a public servant will be influenced; or (l) reasonable compensation for a published work which did not involve the use of the City’s time, equipment, facilities, supplies, staff or other resources, if the payment is arranged or paid by the publisher of the work; or (m) reasonable compensation for a published work which did involve the use of the City’s time, equipment, facilities, supplies, staff or other resources, if the payment of the compensation to the public servant is lawfully authorized by a representative of the City who is empowered to authorize such compensation; or (n) anything of value, if the payment, gift, or other transfer of value is unrelated to and does not arise from the recipient's holding or having held a public position, and if the activity or occasion for which it is given does not involve the use of the City’s time, equipment, facilities, supplies, staff or other resources which is not available to the general public; or (o) anything of value received as a devise, bequest or inheritance; or (p) a gift received from a relative within the third degree of consanguinity, under the civil law computation method, to the public servant, or the spouse of such a relative; or (q) a gift received from a spouse of a public servant, or a spouse’s relative within the third degree of consanguinity to the spouse, under the civil law computation method. (34) Personal interest means a direct or indirect interest having value peculiar to a particular individual or group, whether the value is pecuniary or non-pecuniary, which value may accrue to such individual or group or result in such individual or group deriving or potentially deriving a personal benefit as a result of the approval or denial of any ordinance, resolution, order or other official action, or the performance or nonperformance thereof, by a public servant, and which interest is not shared by the general public.. 33 (35) Public servant means any member of the governing body or of any City agency, board, commission, committee, or other voting body, and any agent, department head, employee, official, supervisor, volunteer, or other person, whether elected or appointed, or legally authorized by contract or in any other manner to act in any capacity under the authority of the City. (36) Relative means a person who is related to an official or employee (whether by marriage, lineal descent or adoption) as spouse, parent, child, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, parents-in-law, son-in-law, daughter-in-law, , brother-in-law or sister-in-law. (37) Volunteer means an individual who is permitted by the City, or by a person authorized to act on behalf of the City, to assist public servants in performing any kind of official duty or action without any expectation of receiving compensation. (38) Voting body means the governing body and any other City authority, board, commission, committee, council or group, regardless of whether its function is legislative, administrative, quasi-administrative or quasi-judicial or any combination thereof, which must act as a body on the basis of a vote of some or all of its members. City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 TO: City Council CITY COUNCIL AGENDA ITEM DATE: May 8, 2007 FROM: City Manager AGENDA ITEM: Approval f April 2007 legal Fees from Jarrard & Davis MEETING DATE: Thursday, May 17, 2007 Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: fiAPPROVED () NOTAPPROVED CITY ATTORNEYAPPROVAL REQUIRED: {} YES �NO CITY A TTORNEY REVIEW REQUIRED: {) YES /k NO APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED PLACED ON AGENDA FOR: MM t 7,2,� REMARKS: - City of Milton `. 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 ... �- To: Honorable Mayor and City Council Members From: Carol R. Wolfe, CGFM, SPHR, Director of Operations Date: Submitted on May 9, 2007 for May 17, 2007 City Council Meeting Agenda Item: Approval of April 2007 Invoice for Legal Fees to Jarrard and Davis CMO (City Manager's Office) Recommendation: Approve the payment of legal fees per the attached invoice in the amount of $16,208.47. Background: The City receives a monthly invoice from Jarrard and Davis for legal services rendered to the City by Mark Scott, the City's attorney. The invoice also includes other legal support services rendered by Jarrard & Davis as well as fees incurred due to the use of external legal entities. Discussion: The legal invoice is detailed by project and where applicable by department. Each month, staff will review legal fees associated with the respective project/department and the department director is responsible for approving the hours spent on the project or entering into a dialogue with the City Attorney regarding dispute of the fees. Once the legal invoice reaches the City Council on the third Thursday agenda of each month, the staff -related projects will be approved or the invoice will have been adjusted. Council will then be responsible for approving council -related legal fees. The following list represents the billed hours needing council approval in order to remit payment for the March 2007 invoice: DATE DESCRIPTION HOURS AMOUNT INVOICE PAGE # 03/01/2007 Telephone w/Lusk regarding telecommunications ordinance proposal 4.70 705.00 2 03!0$12007 Prepare for and attend City Council Work Sessions 6.30 945.00 3 03/13/2007 Attend GIS training 70 105.00 3 03/14/2007 Tele hone wlLusk pending resolution and posture following session .10 15.00 3 0312012007 Tele hone w/Thurman advice on meeting zoning applicant 20 30.00 3 03/16/2007 Telephone wMenderson regarding billboard lawsuit 60 90.00 5 03130!2007 Email/Zahner Bailey on sexual!y oriented businesses .10 15.00 7 03/02/2007 Review City Manager email for property descriptions, legislature follow u .80 120.00 12 0310512007 Review email Rep. Jones regarding what is needed for local legislation 2.40 360.00 12 03/1212007 Telephone wlRe ..tones regarding ro ert description for annexations .30 45.00 13 03/20/2007 Finail Roswell City attorney regarding ro ert lbounda descriptions .70 105.00 13 03/2112007 Meeting wlScott regarding legal descri tion drafting exercise 1.$0 270.00 13 03/21/2007 Receipt/Review Roswell City attorney roe descriptions 2.40 360.00 13 0312$12007 Draft legal description for Milton/Roswell boundary line 4.80 1 720.00 13 03/29/2007 Draft legal description of boundary line between Milton and Roswell 4.40 1 660.00 13 City of Milton _._ ............... .... ...... ....... ... ............. ......... .... ......... .......... ... 1 �q 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 DATE DESCRIPTION HOURS AMOUNT INVOICE PAGE # 03/29/2007 Draft Roswell/Milton legal descriptions 8-80 1320.00 13 03/29/2007 Conference w/attof ney Samuels regarding legal descri tions .60 99.00 13 03/30/2007 Meeting w/attarney Scott regarding finalization of legal description .20 30.00 13 03/30/2007 Review of legal description of Roswell/Milton border by attorney Samuels .80 120.00 13 03/27/2097 Telephone conference wldevelo ers regarding road abandonment issue .50 75.00 16 Alternatives: None identified. Concurrent Review: Aaron Bovos, City Manager Carol Wolfe, Operations Director Mike Tuller, Deputy Community Development Director Chris Lagerbloom, Public Safety Director Jeanette Marchiafava, City Clerk Bill Doughty, Communications Manager Greg Wilson, Community Services Director AR ARD D Avi f A Limited Liability Partnership KEN E. IARRARD 105 Pilgrim Village Drive, Suite 200 TELEPHONE: 679-455.7150 AIiGELAE. DAVISV Cumming, Georgia 30040 FACSIMILE: $78.455,7]49 DALE R. " BLIBBA" SA EL5 WF TEWS E-MAIL: ADAV,s IARRAKD-QAVIS-COM losEPilc. PEAKE.III PAUL RI. HIGBEE, 1R. OF COUNSEL: PAUL J. DZIKOWSKI CHRISTOPHER D. BALCH MARK E. SCOTT April 27, 2007 PERSONAL AND CONFIDENTIAL ATTORNEYfCLIENT PRIVILEGED COMMUNICATION Mr. Kyle Jones City of Milton. ` 13000 Deerfield Parkway Building 100 - Alpharetta, GA 30.004 Re: Cily of Milton Invoice Dear Mr. Jones: Please find enclosed our fee statement for -services performed in March in connection with representation for the City of Milton. I have also enclosed a spreadsheet detailing the charges by Department. The total balance for these matters is $16,208.47. Please return your payment on or before May 15, 2007. Thank you for the opportunity to be of service. Please do not -hesitate. to contact me if you have any questions. Sincerely, JARRARD & DAVIS, LLP c Angela . Davis AED:ct Enclosures JARRARD & DAVIS A Limited Liability Partnership 105 Pilgrim Village Drive, Suite 200 Cumming, GA 30040 Phone: 678-455-7150 PAYMENT DUE UPON RECEIPT - THANK YOUi ni-ry r%c noir Tnki _ r1AADrU 'if1f17 Sh111flIC`_F April 23, 2007 MATTER _ City of Milton - General Covenant Media - DEPARTMENT City City DEPT. FILE NO. 1500 M-0003-1500 1500 M-0007-1500 AMOUNT DUE $4.380.11 $90.00 Noise Ordinance City 1500 M-0006-1500 $330.00 Sexually Oriented Business Ordinance City 1500 M-00113-1500 $15.00 Sign Ordinance City 1500 M-0001-1500 $30.40 Balance for Department 1500 - Board $4,845:'17 Community Development Department Annexations Community Development 4449 M-0015-4449 Community Development 4449 M-0005-4449 Balance for Department 4449 - Community Developn $1.995.00 $4,684.67 $6,679.57 Community Services - General Community Services 1 3150 1 M-0004-3150 1$1,530.00 Balance for Department 3150 - Community Services .. . $1,536.00 Operations - General Operations 1000 1 M-0011-1000 $990.00 Balance for Department 1000 - Operations .$990. . 00 public Safety General Public Safety 2410 M-0010-2410 $1,863.6! 'ublic Safety - Intergovernmental Agreement Public Safety 2410 M-0002-2410 $300.91 Balance for Department 1000 -Operations $2,163.61 TOTAL DUE FOR PROFESSIONAL SERVICES RENDERED $16,208.47 Page 1 of 1 jarrard & Davis, L.L.P. A Limited Liability Partnership 105 Pilgrim Village Drive, Suite 200 Cumming, GA 30040 Phone 678-455-7150 Facsimile 678-455-7149 April 16, 2047 March Statement City of Milton Attn: Kyle .tones 13000 Deerfield Parkway Building 100 Alpharetta GA 30004 Re: City of Milton - General Law Firm File # M-003-1500 FOR PROFESSIONAL SERVICES RENDERED MARCH 1, 2007 THROUGH MARCH 31, 2007 SERVICES: DATE NAME DESCRIPTION 3/1/2007 MES Telephone conference with Councilman Lusk regarding telecommunications ordinance proposal. Draft addition to priority list regarding same. Attend pre -meeting and Council meeting. Attend executive session. Meeting with Jeanette Marchiafava regarding initial coordination of Court start-up and schedule meeting with Judge and staff. 315/2007 MES Receipt and review work session agenda. 3/6/2007 MES Review email from City Manager to Council regarding work plan items. Review Franchise Fee Agreement with Community baste Services and execute sarne. 3/7/2007 MES Review Probation Services Agreement. MES Conference with Judges and City Manager regarding Solicitor 1 City Attorney issue. MES Legal research regarding City attorney serving as municipal solicitor 3/8/2007 MES Legal research on Separation of Powers issue in municipal government; preparation of opinion letter regarding no conflict of interest for city attorney to serve as solicitor. 121 HOURS AMOUNT 4.70 705.00 4.14 15.00 0.30 45.0Qf 0.60 90.40 Q� 0.50 NO CHARGE 0.80 NO CHARGE 1.40 NO CHARGE City of Milton Page 2 City of Milton. - General 3/812007 MES Prepare for and attend City Council Work Session. 6.30 945.00 MES Prepare initial draft of telecommunications ordinance. 1.10 165.00 jr 3/9/2007 MES Attended media training at staff retrreat. 4.60 690.0 3/12/2007 MES Telephone conference with Jeanette Machiafava regarding request 0.40 60.00 by N. O'Brien for summary of Executive Sessions; email correspondence with A. Bonos regarding response. 3/13/2007 MES Attend GIS training. 0.70 105.00 MES Email correspondence with City Clerk regarding probation contract; 0.70 105.00 J)� complete review of same; email correspondence with City Clerk i regarding review. MES Telephone conference with counsel for Chatham Properties 0.24 30.00 regarding prior non -conforming use issue for County Store. MES Email correspondence with C. Wolfe and revise letter to Alitei_ 0.40 60.00_,x,, Finalize draft of letter. 3/1412007 MES Email correspondence with C. Wolfe and D. Abercrombie regarding 0.10 15.00* legal assistance with GIS data. ((��``�� MES Telephone conference with Councilman Lusk regarding questions of 0.10 15.00 pending resolution and posture following work session. 3/15/2007 MES Attend pre -meeting and City Council meeting. 5.20 780.00 3/20/2007 MES Telephone conference with Council Member Thurman regarding 0.20 30.00 advice on request for meeting by zoning applicant. Receipt and review of email correspondence with City Manager regarding same. 3/23/2007 MES Review and revise complete draft of Volunteer Waiver of Liability 0.20 30.00 Agreement. MES Prepare for and attend bi-weekly progress meeting with City 1.10 165.00 Manager. MES Final review of draft volunteer waiver agreement and transmittal of 0.30 45.00 same to City. MES Receipt and review of email correspondence from City Manager to 0.10 15.00 all officials regarding streamiining agenda process. City of Milton Page 3 City of Milton _ General 3/26/2007 MES Multiple email correspondence with Jeanette Machiafava regarding 4.60 90.00 review of court security contract. Review latest draft. Telephone Westlaw Research 1 conferences with Jeanette Machiafava regarding language of 3/7/2007 Westlaw Research provision regarding additional insured status. 2.44 3/28/2007 KEJ Telephone call to Mayor Lockwood regarding various issues 0.10 NO CHARGE 0.40 regarding the City of Milton. Postage 3/29/2007 MES Review new draft of court security contact. Email correspondence 0.20 NO CHARGE Westlaw Research with Clerk regarding same. 4.13 3/30/2007 KEJ Telephone conference with Mayor Joe Lockwood regarding City of 0.10 NO CHARGE 54.00 Milton issues. Disbursements Total MES Email correspondence with Bill Doughty regarding trademark issue. 0.70 105.00 Balance Due Telephone conference with intellectual property attorney Tom $4,380.11 Hodge regarding trademarking city logo. Review Secretary of State website regarding trademark application. Total For Services 31.80 $4,305.00 DISBURSEMENTS: Cf QTY 3/1/2007 Westlaw Research 1 9.26 3/7/2007 Westlaw Research 1 2.44 3/14/2007 Copying cost @ .10 per copy 4 0.40 Postage 1 4.88 3/21/2007 Westlaw Research 1 4.13 3/28/2007 Research 1 54.00 Disbursements Total $75.11 Balance Due $4,380.11 Cf jarrard & Davis, L.L.P. A Limited Liability Partnership 105 Pilgrim Vfflage Drive, Suite 200 Cumming, GA 30040 Phone 678-455-7150 Facsimile 678-455-7149 April 16, 2007 March Statement City of Milton Attn: Kyle Jones 13000 Deerfield Parkway Building 100 Alpharetta GA 30004 Re: Covenant Media Law Firm File # M-0007-1500 FOR PROFESSIONAL SERVICES RENDERED MARCH 1, 2007 THROUGH MARCH 31, 2007 SERVICES: DATE NAME DESCRIPTION 3/1612007 MES Telephone conference with Laurel Henderson regarding receipt of documents from the City regarding billboard lawsuit. Transmittal of draft Answer for review. Review of Answer and draft corrections with reply. Total For Services Balance Due HOURS AMOUNT 0.60 90.00 0.60 $90.00 $90.00 jarrard & Davis, L.L.P. A Limited Liability Partnership 105 Pilgrim Village Drive, Suite 200 Cumming, GA 30040 Phone 678-455-7150 Facsimile 678-455-7149 April 16, 2007 March Statement City of Milton Attn: Kyle Jones 13000 Deerfield Parkway Building 100 Alpharetta GA 30004 Re; Noise Ordinance Law Firm File # M-0006-1500 FOR PROFESSIONAL SERVICES RENDERED MARCH 1, 2007 THROUGH MARCH 31, 2007 SERVICES - DATE NAME DESCRIPTION HOURS AMOUNT 3/6/2007 MES Meeting with Tom Wilson and C. Lagerbloom regarding review of 1.10 165.00 draft noise ordinance. 3/7/2007 MES Revise noise ordinance draft in line with comments from meeting with 1.10 165.00 T. Wilson and C. Lagerbloom. email correspondence and telephone conference regarding same. Total For Services 2.20 $330.00 Balance Due $330.00 jarrard & Davis, L.L.P. A Linv ted LiabiUty Parrnenship 105 Pilgrim Village Drive, Suite 2.00 Camming, GA 30040 Phone 678-455-7150 Facsimile 678-455-7149 April 16, 2007 March Statement City of Milton Attn: Kyle .Tones 13000 Deerfield Parkway Building 100 Alpharetta GA 30004 Re. Sexually Oriented Business Ordinance Law Firm pile # M-0012-1500 FOR PROFESSIONAL SERVICES RENDERED MARCH 1, 2007 THROUGH MARCH 31, 2007 SERVICES: DATE NAME DESCRIPTION HOURS AMOUNT 3/30/2007 MES Email correspondence with Councilwoman Zahner Bailey regarding 0.10 15.00 questions on sexually -oriented businesses ordinance. Total For Services Balance Due 0.10 315.00 $15.00 jarrard & Davis, L.L.P. A Limited Liability Partnership 105 Pilgi in VMage Drive, Suite 200 Cumming, GA 30040 Phone 678-455-7150 Facsimile 678-455-7149 April 16, 2007 March Statement City of Milton Attn: Kyle Jones 13000 Deerfield Parkway Building 100 Alpharetta GA 30004 e Re: Sign Ordinance Law Firm File # M-0001-1500 FOR PROFESSIONAL SERVICES RENDERED MARCH 1, 2007 THROUGH MARCH 31, 2007 SERVICES: DATE NAME DESCRIPTION 3/28/2007 MES Receipt and review correspondence from and telephone conference with Robyn McDonald regarding text of ordinance to be reviewed by council. Total For Services Balance Due in HOURS AMOUNT 0.20 30.00 0.20 $30.00 $30.00 jarrard &Davis, L.L.P. A Limited Liability Partnership 105 Pilgrim Village Drive, Suite 200 Cumming, GA 30040 Phone 678-455-7150 FacsLux c 678-455-7149 April 16, 2007 March Statement City of Milton Attn: Kyle .cones 13000 Deerfield Parkway Building 100 Alpharetta GA 30004x,.• Re. Community Development Department Law Firm File # M-0015-4449 FOR PROFESSIONAL SERVICES RENDERED MARCH 1, 2007 THROUGH MARCH 31, 2007 SERVICES: DATE NAME DESCRIPTION 3/1/2007 PNH Prepare development bond documents for subdivisions. MES Telephone conference with Tom Wilson regarding sign ordinance, adult entertainment zoning amendment, and noise ordinance. Legal research regarding cases on whether design review boards can apply to sign ordinance/resolution. Meeting with Tom Wilson regarding design review board caselaw and sign ordinances. Meeting with attorney L. Henderson, counsel for City in billboard case, regarding needed documents and legal positive in light of review of ordinances and resolutions. 3/2/2007 PNH Prepare development bond documents for subdivisions. MES Draft email correspondence to Laurel Henderson regarding transmission of charter, sign ordinance, and exchange regarding additional documents needed. Telephone conference and emails with Jeanette Machiafava regarding copies of ordinance and minutes for Laurel Henderson. 3/5/2007 MES Telephone conference with Tom Wilson regarding precedential values, if any, of decision to allow sewer hook-up on west side of Highway 9. Review email from Tom Wilson regarding response to development bond documents. a HOURS AMOUNT 0.30 NO CHARGE 2.00 300.00 0.10 NO CHARGE 1.20 180.00 0.30 45.00 City of Milton Page Z Community Development Department 3/6/2007 MES Email to and from City Manager and Operations Director regarding 0.70 105.00 transmission of bond procedures program. Meeting with Tom Wilson regarding development bond program. Meeting with Tom Wilson regarding zoning ordinance amendments for adult businesses. 3/7/2007 MES Email correspondence with Mark Law regarding legal description of 0.60 90.00 City boundaries for grant application; email correspondence with GIS personnel regarding City geographical area. PNH Prepare subdivision bonds. 0.40 NO CHARGE 3/8/2007 MES Receipt and review of email correspondence; forwarded documents 0.50 75.00 from D. Chatham regarding country store. MES Telephone conference with counsel for Six Hills Developer 0.30 45.00 regarding legal issues for Zoning Board to decide. MES Review email request regarding ethics issue from resident in Six 0.10 15.00 Hills Development; response to same. 3/12/2007 PNH Telephone conference with Tom Wilson regarding development bonds. Prepare same for landscaping and trees. 3113/2007 PNH Prepare development bonds for landscaping, trees, and erosion PNH Telephone conference with Torn Wilson regarding bonds. MES Meeting with Tom Wilson regarding results of council work session on Noise Ordinance and Zoning Amendments. 3/14/2007 PNH Prepare development bonds for commercial development and erosion control. MES Multiple receipts and reviews of email correspondence from developer, opposing counsel, and City staff regarding road dedication and right-of-way abandonment issues regarding Longstreet Road. Telephone conference with Tone Wilson regarding same. MES Receipt and review of email correspondence from counsel for affected neighbors. Telephone conference with Tom Wilson regarding submission of briefs. Email correspondence with counsel for both parties regarding request of briefs on their legal arguments. MES Telephone conference with Tom Wilson regarding spa visit at Birmingham and interpretation of accessory use. 0.90 NO CHARGE 1.40 NO CHARGE 0.10 NO CHARGE 0.50 75.00 1.20 180.00 0.60 90.00 0.40 60.00 0.10 15.00 City of Milton Community Development Department 3/14/2007 MES Telephone conference with attorney Beryl Werner regarding Fulton 0.90 County vs. Statham, sewer easement, mediation and request for non-involvement. Email correspondence with City Manager regarding same. MES Telephone conference with Robyn McDonald regarding draft of 0.20 amendments to zoning ordinance; email review and transmission of same. 3115/2007 MES Legal research on interbasin transfer of sewer. Receipt and review 1.20 of multiple email correspondence from council and staff regarding same. 3/20/2007 MES Email correspondence with City Manager A. Bovos regarding status 0.20 of Adult Entertainment and zoning amendments and telecommunications ordinance. MES Draft revision of telecommunications ordinance. 4.70 3/21/2007 MES Email correspondence with City Manager regarding 1.20 telecommunications ordinance. Completion of draft and formatting of ordinance. Telephone conference and email correspondence with T. Wilson regarding Community Development Department involvement in execution of ordinance and request for review. 3/23/2007 MES Conference with T. Wilson and R. McDonald regarding planning 0.44 issues, pending actions, and next steps. Total For Services 16.50 Page 3 135.00 30.00 180.00 30.00 105.00 180.00 3=111 $1,995.00 Balance Due $1,995.00 jarrard &Davis, L.L.P. A Limited Liability Partnership 105 Pilgrim Village Drive, Suite 200 Cumming, Grp 30040 Phone 678-455-7150 Facsimile 678-455-7149 April 16, 2007 March Statement City of Milton Attn: Kyle Jones 13000 Deerfield Parkway Building 100 Alpharetta GA 30004 Re; Annexations Law Firm File # M-0005-1630 FOR PROFESSIONAL SERVICES RENDERED MARCH 1, 2007 THROUGH MARCH 31, 2007 SERVICES: DATE NAME DESCRIPTION HOURS AMOUNT 3/2/2007 MES Review email from City Manager regarding request for property 0.80 120.00 descriptions to submit to legislature and follow-up. Telephone conference with Representative Jones regarding property description detail needed. Discuss resolution of annexation dispute with the City of Roswell. Telephone conference with Councilman Thunnan regarding resolution of the City of Roswell annexation dispute. Draft email to attorney Don Hicks regarding copies of deeds previously pulled. 3/5/2007 MES Review emails from Representative .Tan Jones regarding what she needs 2.40 360.00 for local legislation. Review ordinances and maps regarding property descriptions for border description. Legal research regarding parcel numbers and deeds. 31612.007 MES Multiple emails and telephone calls with Phil Ulbrich at CH2MHill I.10 165.00 GIS Department regarding final annexation snap with Roswell/Milton borders. Review multiple draft of maps. 3/8/2007 MES Receipt and review of email correspondence between A. Bovos and J. 0.10 15,0 Jones regarding providing property description for legislation, /d- City of Milton page 2 Annexations 3/12/2007 MES Telephone conference with Jan Jones regarding status of property 0.30 45.00 descriptions for annexation; email correspondence transmitting map of final borders; email correspondence with J. Jones regarding property 3/2912007 DRS descriptions and maps of Highway 9 annexation. 4.40 660.00 3/13/2007 MES Email correspondence with Aaron Bovos. Schedule meeting with City 0.10 15.00 of Roswell regarding City borders. 3/19/2007 MES Round-trip travel; Attended meeting with Aaron Bovos, Roswell City 1.80 270.40 Administrator, and City attorney regarding final borders. 3/20/2007 MES Email correspondence with Roswell City Attorney David Davidson 0.70 105.00 regarding legal descriptions/component of new City borders; review of proposed legal descriptions and plats. 3/21/2007 DRS Meeting with attorney Mark Scott regarding legal description drafting 1.80 270.00 3/3012007 DRS exercise. Review documentation regarding same. Review mapping 0.20 30.00 issues. Telephone call with Cindy Tanner regarding same. MES Receipt and review from Roswell City attorney David Davidson 2.40 360.00 regarding additional property/boundary descriptions; review descriptions and plats; telephone conference with State Representative Jan Jones regarding requirements for local legislation defining boundary; conference with attorney Bubba Samuels regarding drafting of boundary description; email correspondence with GIS and A. Bovos regarding City border. 3/28/2007 DRS Draft legal description for Milton 1 Roswell boundary line. Legal 4.80 720.00 research regarding same. Telephone call to Attorney Mark Scott regarding same. 3/2912007 DRS Draft legal description of boundary line between Milton and Roswell. 4.40 660.00 Legal research regarding same. Meeting with attorney Mark Scott regarding same. DRS Draft Roswell 1 Milton boundary legal descriptions. Legal research 8.80 1,320.00 regarding same. Review and revise same. MES Conference with attorney Bubba Samuels regarding legal descriptions. 0.60 90.00 Telephone conference with D. Davidson regarding title to Arnold Mill Road. Telephone conference with GIS personnel regarding land lot map. Email correspondence transmitting same. 3/3012007 DRS Meeting with Attorney Mark Scott regarding finalization of legal 0.20 30.00 description. MES Review legal description of RoswelllMilton order proposed by attorney 0.80 120.00 Bubba Samuels. Prepare email correspondence transmitting same to Jan Jones. Forward same to legislative counsel. Telephone conference City of Milton. Annexations with legislative counsel regarding indicate where description fits into existing city boundary as described in city charter bill. Total For Services DISBURSEMENTS: Page 31.10 $4,665.00 QTY 3/6/2007 Research with Georgia Superior Court Clerks' Cooperative Authority, l 9.95 Statewide Indexes System. 3/28/2007 Research Disbursements Total Balance Due 1� 9.72 $19.67 $4,684.67 jarrard & Davis, L.L.P. A Liavted Liability Partnenlxip 105 Pilgrim Village Diive, Suite 200 Cumm ng, GA 30040 Phone 678-455-7150 Pacsurule 678-455-7149 April 16, 2007 March Statement City of Milton Attn: Kyle Jones 13000 Deerfield Parkway Building 100 Alpharetta GA 30004 Re: Community Services Law Firm File # M-0004-3150 FOR PROFESSIONAL SERVICES RENDERED MARCH 1, 2407 THROUGH MARCH 31, 2007 SERVICES: DATE NAME DESCRIPTION 3/1/2007 MES Telephone conference with attorney for the Manor Subdivision regarding dedication of Long Street and abandonment of right-of-way. Multiple telephone conferences and emails with City staff regarding same. Meeting with G. Wilson and A. Jones regarding procedural posture for putting issues on the agenda. 3/7/2007 MES Crooked Creek Subdivision. Review draft correspondence from Abbie Jones to subdivisions regarding recommended improvements. 3/15/2007 MES Email correspondence and telephone conference with Phil Ulbrich regarding GIS information on exact boundaries with Roswell for fire hydrant issue. MES Conference with Dawn Abercrombie regarding GIS contractor and Open Records issues. MES Meeting with T. Wilson regarding current issues, including ordinance amendments, bonding program, sign issues, adult entertainment, noise ordinance and sewer issue. MES Meeting with Abbie Jones regarding road dedication and abandonment process in light of The Manor plans for future procedures. HOURS AMOUNT 0.80 120.00 '4 r r 0.20 30.00 0.20 3Q.Q0 w 1.00 150.6q'D 0.50 75.0�'Z`'J� /' 0.20 30. 0 City of Milton Page 2 Community Services 3/16/2007 MES Email correspondence with Rick Hirsekorn regarding TANA contract 0.40 60.00 issue; receipt and review of email correspondence from D. Abercrombie with contract; follow-up email correspondence. 3/20/2007 MES Long Street Abandonment/Dedications. Receipt and review of email 0.80 120.00 correspondence from counsel for property owner transmitting deeds and legal descriptions; email correspondence with A. Jones and T. Wilson regarding suggestion of maintenance bond. Review of deeds and descriptions. Telephone conference with Abbie Jones regarding no legal requirement to accept dedication of abandonment right-of-way. Multiple email correspondences regarding same. 3/21/2007 MES Multiple email correspondence and telephone calls with Abbie Jones 0.40 60.00 regarding the Manor Road abandonment -and dedication. 3/22/2007 PNH Legal research regarding Manor golf tunnel dedication issues. 0.50 75.00 30.00'47v-,,/ PNH Legal research regarding Manor Intergovernmental Agreement conflict 0.20 of interest. MES Telephone conference with attorney for developer of the Manor 2.80 420.00 Subdivision, Lex Watson. Telephone conference with G. Wilson and A. Jones regarding status and situation. Follow-up telephone conference with A. Jones. Conference with attorney Paul Higbee regarding same and regarding gratuity issue. Review of Georgia Constitutional provision and case law on gratuities. MES Email correspondence and telephone conference with Aaron Bovos 0.50 75.00 regarding Intergovernmental Agreement with Forsyth County on Manor Sewer plat and conflict of interest. Conference with attorney Ken Jarrard regarding same. 3/26/2007 MES Email correspondence with Greg Wilson regarding GTS maps and 0.20 30.00 details of annexed areas. "• 3/27/2007 PNH Legal research regarding overpass at the Manor and gratuities issues. 0.20 30.00 MES Telephone conference with developer's counsel regarding dedication 0.50 75.00 and road abandonment issue. Telephone conference with City Manager regarding status. Telephone conference with Mayor to discuss issue. 3/29/2007 MES Telephone conference with A. Bovos regarding confirm staff position 0.60 90.00 on Longstreet dedication. Telephone conference with A. Jones to discuss status and package for agenda. Telephone conference with Lex Watson, attorney for developer, regarding item will be on agenda and staff position. �r City of Milton Community Services 3/30/2007 MES Receipt and review email correspondence from Alahie Jones regarding easements and right-of-way. Total For Services Balance Due Page 3 0.20 30.0Q f• 10.20 $1.,530.00 $1,530.00 jarrard & Davis, L.L.P. A Lnyi ted Liability Partnerslup 105 Pilgrim ViJlage Drive, Suite 200 Cumming, GA 30040 Phone 678-455-7150 Facsimile 678-455-7149 April 16, 2007 March Statement City of Milton Attn: Kyle .tones 13000 Deerfield Parkway Building 100 Alpharetta GA 30004 Re: Operations - General Law Firm File 4 M-0011-1000 FOR PROFESSIONAL SERVICES RENDERED MARCH 1, 2007 THROUGH MARCH 31, 2007 SERVICES: DATE NAME DESCRIPTION HOURS AMOUNT 3/9/2007 MES Conference with C. Wolfe; review of email correspondence from C. 0.20 30.00 Nations regarding Alltel's refusal to pay for business license. 3/12/2007 MES Draft correspondeiice to Alltell regarding business license. 0.70 105.00 3/13/2007 MES Receipt and review of email correspondence from C. Wolfe regarding 0.10 15.00 fire station acquisitions and title issues. 3/14/2007 MES Email correspondence with Carol Wolfe regarding follow-up on GIS 0.40 60.alL� request regarding legality of mapping service fees; email correspondence with Dawn Abercombie regarding same; follow-up Telephone conference with Ms. Abercombie. MES Review of Chapter 111Article 7 regarding question from C. Wolfe 0.80 120.00 regarding taxi cab regulation; draft email response regarding ordinance interpretation. MES Receipt and review of email correspondence regarding Comcast 0.40 60.00 _ 1 Service issues and request to review franchise agreements; Telephone conference with City staff regarding obtaining a copy of agreement; email correspondence regarding same. 3' City of Milton Page 2 Operations - General 3/14/2007 MES Preparation of of final draft of correspondence to Alltell regarding 4.10 15.00 business tax. 3/15/2007 MES Review Franchise Agreement with Comcast; draft reply to Carol Wolfe 0.80 120.0 regarding what response we can give to citizens with complaints about high speed internet service; review and revise draft correspondence regarding same. MES Email correspondence with Carol Wolfe regarding further discussion 0.10 15.00 of taxis and permits. MES Meeting with Carole Wolfe and T. Wilson regarding development 0.50 75.00 bonding program. 3/19/2007 MES Review of Georgia Municipal Employees Benefit System Adoption 0.30 45.00 Agreement. Meeting with J. Machiafava regarding same. 3/20/2007 MES email correspondence with Clerk regarding final review and approval 0.20 30.00 - of probation contract. 3/22/2007 MES Telephone conference with Alltel representative Cassie Patrom 0.80 120.0 regarding business license tax issues; Telephone conference with Carol Wolfe regarding their response to phone conversation and possible alternate methods of tax calculation; email correspondence transmitting original letter to Alltell. 3/27/2007 MES Receipt and review correspondence from attorney for Georgia World 0.70 105.0 Congress Center to C. Wolfe. Email correspondence with C. Wolfe regarding schedule meeting to discuss. 3/28/2007 MES Review emails regarding scheduling meeting on hotel tax issue. Email 0.50 75.0 b`` correspondence with Stacey Inglis regarding same. Total For Services Balance Due 6.60 $990.00 $990.00 City of Milton Attn: Kyle .cones 13000 Deerfield Parkway Building 100 Alpharetta GA 30004 Re: jarrard & Davis, L.L.P. A Limited Liability Partnership 105 Pilgrim Village Drive, Suite 200 Cumming, GA 30040 Phone 678-455-7150 Facsimile 678-455-7149 Law Finn File # M-0010-2.410 April 16, 2007 March Statement FOR PROFESSIONAL SERVICES RENDERED MARCH 1, 2007 THROUGH MARCH 31, 2007 SERVICES: DATE NAME DESCRIPTION 3/13/2007 MES Telephone conference with Jeanett Citta at Public Safety office regarding claim letter. Receipt and review of claire letter. Facsimile transmission to Gallagher Bassett for denial letter. 3/14/2007 MES Receipt and review of email correspondence/requests from C. Millican and C. Lagerbloom regarding request for indemnification letter to Fulton County Police Department. Preparation of draft indemnification letter to Fulton County Police Department. Email correspondence to Chief of same. 3/19/2007 MES Telephone conference with Mr. Barrett regarding firearms issue and bow hunting in City. 3/21/2007 MES Receipt and review of email correspondence from community member regarding ordinance precluding firearms from parks. Review of cited statute; email correspondence and telephone conference with City manager A. Bovos regarding merits of Complaint and response. Telephone conference with Mayor to inform. Conference with attorneys Ken Jarrard and Tripp Peake regarding background to Forsyth ordinance and review of research. ?G HOURS AMOUNT 0.30 45.00 0.40 60.00 0.10 15.00 1.80 270.00 City of Milton Public Safety - General 3/26/2007 MES Meeting with communications directors and Public Safety staff regarding posture on Milton blogs. Review multiple email correspondence from Bill Doughty forwarding feedback on forum issues. 3/29/2007 MES Telephone conference with C. Lagerbloom, C. Wolfe, and S. Tolbert to discuss communication from unsuccessful fire department candidate, ADA/EEOC issues, factual background. Receipt and review email correspondence regarding background. Review psychological report. MES Prepare letter to Fulton County terminating police services. Email correspondence to C. Lagerbloom transmitting same. MES Legal research regarding Americans with Disabilities. Act and application to candidate. 3/30/2007 MES Continue legal research of ADA and related issues regarding firefighter hiring issue. Review Georgia statute on firefighter hiring. Prepare correspondence to firefighter candidate. Multiple Telephone call to and email correspondence with Chris Lagerbloom and Carol Wolfe regarding same. Total For Services DISBURSEMENTS: 3/29/2007 Westlaw Research 3/30/2007 Copying cost @ .10 per copy Postage Disbursements Total Balance Due KI Page 2 2.70 405.00 1.80 270.00L494�� 0.30 45.00 1.80 270.00 3.20 480.00 12.40 $1,860.00 �QTY 1 2.90 4 0.40 1 0.39 $3.69 $1,863.69 City of Milton Attn: Kyle ]ones 13000 Deerfield Parkway Building 100 Alpharetta C Re: jarrard & Davis, L.L.P. A Limited Liability Partnership 105 Pilgciin Village Drive, Suite 200 Cumming, GA 30040 Phone 678-455-7150 Facsimile 678-455-7149 April 16, 2007 March Statement Law 1711111 1711G tY Sri-vvvr.-.c.� A V FOR PROFESSIONAL SERVICES RENDERED MARCH 1, 2007 THROUGH MARCH 31, 2007 SERVICES: DATE NAME DESCRIPTION 3/7/2007 MES Review new draft of evidence Intergovernmental Agreement after Alpharetta's amendments, Telephone conference and email correspondence with C. Lagerhloom. 3/22/2007 MES Final review of Alpharetta Intergovernmental Agreements. Telephone conference with C. Lagerbloom regarding Alpharetta Intergovernmental Agreements and firearins in parks issue. 3128/2007 MES Review and revise latest draft of evidence Intergovernmental Agreement upon receipt from Public Safety Director. Email correspondence regarding same. Total For Services Balance Due M HOURS AMOUNT 0.40 60.00 1.10 155.00 0.50 75.00 2.00 3300.00 $300.00 City of Milton 41 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 TO: City Council CITY COUNCIL AGENDA ITEM DATE: May 9, 2007 FROM: City Manager AGENDA ITEM: APPROVA OF FEBRUARY 2007 INVOICE FOR LEGAL FEES TO RILEY LEWIS & MCCLENDON MEETING DATE: Thursday, May 17, 2007 Work Session BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CI TY A TTORNEY APPROVAL REQUIRED: () YES CI TY A TTORNEY RE VIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY ()APPRO VED PLACED ON AGENDA FOR: REMARKS. ()NOTAPPROVED ' l NO ( NO () NOTAPPROVED rwP" City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 �y To: Honorable Mayor and City Council Members From: Carol R. Wolfe, CGFM, SPHR, Director of Operations Date: Submitted on May 8 for May 17, 2667 City Council Meeting Agenda Item: Approval of February 2607 Invoice for Legal Fees to Riley Lewis & McClendon CMO (City Manager's Office) Recommendation: Approve the partial payment of legal fees per the attached invoice in the amount of $16,801.45 Background: The City received invoices from Riley Lewis & McClendon for February/March 2067 services rendered by City Attorney Mark Scott. The invoices included charges for service that are not detailed enough for payment approval. Since the receipt of the invoice, correspondence has been sent to Riley Lewis & McClendon requesting the detail associated with those charges areas. The total amount associated with the items lacking detail is $660 and those items are marked on the attached invoice. The recommendation of staff is to remit payment to Riley Lewis & McClendon for the remainder of the invoice, a total of $16,201.45. Alternatives: The alternative to partial payment is to continue to carry the invoice as outstanding. However, as good business practice, the city has an obligation to pay the portions of the invoice that are not in question and continue to work on resolution with the vendor regarding the outstanding amount. Concurrent Review: Aaron Bovos, City Manager RILEY LEw7S & MCLENDON ATTORNEY S AT LAW 315 WAsiIwcrroN AVLNuE TELEV110NE: 770-590-5900 MARIETTA, GIORGIA 30060 FACSIMILE: 770-590-0400 Page: 1 City of Milton February 22, 2007 13000 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 [MES] Property Acquisition Attend closing on Fulton county park and community properties; follow up emails and coordination Re: check for proper amount; 3.40 [MES] Sign Ordinance Meeting and follow up emails with County Attorney S. Rosenberg Re: sign litigation; 0.80 [MES] Annexations IVfl..l[Jple en iailt: and t :lepiior:•e vviih L. R,icy and start ire: annexation issues, new map, contact with Suntrust Re: G. Parker fields; 2.20 0110312007.. [WFR] Sign Ordinance Meeting with City Attorney Re: City intervening in Fulton County sign case; 0.40 [WFR] Parks and Recreation Transfer funds for Milton Parks and Recreation closing; 0.80 [MES] 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 Page: 2 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. Burns Re: possible effects of name change; legal research Re; effect of name change; telephone tail with Rep. Jones Re: name change and resolutions; 3.20 [MES] 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; urnaiis vv'Wi Msyo 's aid ::ouncii ;fie: current status Arid 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; email$ 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. Friedwald 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 tuture road proje4ra; review subsequent emails Re: same; 1.fi0 01/10/2007 [MES1 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 Page: 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 01115/2007 [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 reivevv sexually ufianted businesses ordi i -ance emaiis a n a 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 01118/2007 [CGM] Sign Ordinance Conference with city attorney Re: sign ordinance issue; 0.20 [MES] Council Meeting Attend city council meeting; 2.20 01119/2007 [WFR] 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 for board and commissions and appointments thereto; 0.30 01122/2007 [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 Page: 4 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 Legal research on 1 sr amendment cases Re: sexually oriented businesses and billboards Re: need to allow somewhere in municipality; 5.10 OV2512007 [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 01/30/2007 [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 TDTAL 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 $26,340.50 315 WASHINGTON AVENUE. MARIETTA, GEORGIA 30060 City of Milton 13000 Deerfield Parkway Building 100 Alpharetta GA 30004 Attn: Kyle Jones General City Work 02/01/2007 02102!2007 RILEY LEWIS & MCLENDON ATTORNEYS A T L A W [MES] Retreat Attend City Council retreat; [MES] Retreat Attend city council retreat; LEGAL FEES 02/05/2007 [MES] Noise Ordinance Attend meeting with Mayor, council and school principal at Milton H.S. Re: noise ordinance issues; [MES] Facilities Prepare rental agreement for city facilities; [MES] Franchise Fee Agreement Review and sign franchise fee agreement with additional solid waste hauiers, 02/06/2007 [MES] Ordinances Research noise ordinance law and alternatives; telephone call with R. Wallace Re: factual background and current situation; legal research of recent cases on billboards and constitutional challenges to ordinances; 02/07/2007 [MI S] Ordinances Meeting with C. Lagerb'loom and G. Milliten Re: noise ordinance; 02/08/2007 [MES] Resolutions Review resolution authorizing 401 K participation; [MES] Property Issues Review email exchange Re: issues regarding Hopewell Association possession of property used to formalize relationship, conversation with G. Wilson Re: same; [MES] Council Meetings Attend work session; /,0733 'T FLE 1'E -IONS : 770-590-5904 FACSIMILE: 770-590-0400 Page: 1 March 16, 2007 Account No: 3008 -OM Invoice No: 54213 Hours 7.20 0.80 2.80 1.10 0.80 3.80 1.60 0.80 0.40 3.80 City of Milton General City Work [MES] Ordinances Review/revise billboard and adult entertainment zoning ordinances meeting with community development Re: same; For Current Services Rendered Photocopy charges Postage TOTAL EXPENSES Thru 02/28/2007 TOTAL CURRENT FEES AND COSTS Previous Balance 03105/2007 Payment - Thank you. Check Number 1055 BALANCE DUE Aged Due Amounts Stmt Date Stmt # Billed 02/22/2007 53989 11,975.00 Page: 2 March 16, 2007 Account No: 3008 -OM Invoice No: 54213 Hours 2.20 31.30 4,695.00 124.60 6.85 131.45 Due 11,975,00 11,975.00 4,826.45 $26,340.50 -14,365,50 $16,801.45 Please Remit $16,801.45