HomeMy WebLinkAboutPacket-09-06-2007
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, September 6, 2007 Regular Council Meeting Agenda 7:00 PM
INVOCATION - Reverend John London, Pastor, New Millennium Church
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
(Agenda Item No. 07-364)
4) APPROVAL OF MEETING AGENDA (add or remove items from agenda)
5) PUBLIC COMMENT
6) REPORTS AND PRESENTATIONS
1. Milton Public Safety Fund.
(Presented by Joe Craemer)
2. Presentation of Public Safety Ladder Truck.
(Presented by Acting City Manager Chris Lagerbloom and Acting Public Safety Director Charles
Millican)
7) CONSENT AGENDA
(Agenda Item No. 07-329)
1. Approval of the April 26, 2007 Work Session Meeting Minutes. (Postponed August16, 2007)
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
Page 1 of 4
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 SEPTEMBER 6, 2007 - 7:00 PM
(Agenda Item No. 07-352)
2. Approval of the June 21, 2007 Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-353)
3. Approval of the July 12, 2007 Work Session Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-354)
4. Approval of the July 12, 2007 Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-355)
5. Approval of the August 2, 2007 Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
8) ZONING AGENDA (See First Presentation for 1st Readings)
(Agenda Item No. 07-292)
1) RZ07-006, Text Amendment to Article 33.25 of the City of Milton Zoning Ordinance -
flag pole height. (Second Reading)
(Presented by Tom Wilson, Community Development Director)
9) PUBLIC HEARINGS
1) Public Hearing on Ordinance to Adopt adjustments to the Fiscal 2007 Budget for each
fund of the City of Milton, Georgia.
2) Public Hearing on Ordinance to Adopt the Fiscal 2008 Budget for each fund of the City
of Milton, Georgia.
10) FIRST PRESENTATION
(Agenda Item No. 07-356)
1) RZ07-010 - 13941-13945 Highway 9 North, to develop three (3) office buildings with a
bank in one (1) 14,104 square-foot two-story building and two (2) 7,000 square-foot
buildings for a total of 28,104 square feet at a total density of 5,332 square feet per acre.
(Presented by Tom Wilson, Community Development Director)
(Agenda Item No. 07-357)
2) ZM07-003/VC07-009 - to modify Condition 2.a., to revise the approved site plan, dated
January 31, 2006 (ZM06-007) to add a swimming pool and small cabana with restrooms.
To request a concurrent variance to reduce the 100-foot setback to 15 feet from any
residential building, adjoining property line or street. (Article 19.3.12.B.3).
(Presented by Tom Wilson, Community Development Director)
Page 2 of 4
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 SEPTEMBER 6, 2007 - 7:00 PM
(Agenda Item No. 07-358)
3) Approval of 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
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. 07-359)
4) Approval of an Ordinance of the Mayor and Council to reaffirm the Emergency 911
Charge on Milton phone bills.
(Presented by Carol Wolfe, City Treasurer)
(Agenda Item No. 07-360)
5) Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to
adopt the fiscal 2008 Budget for each fund of the City of Milton, Georgia appropriating
the amounts shown in each budget as expenditures, adopting 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)
11) UNFINISHED BUSINESS
(Agenda Item No. 07-333)
1. Approval of an Ordinance Amending Chapter 6, Code of Ethics and Standards of
Conduct.
(Presented by Mark Scott, City Attorney)
12) NEW BUSINESS
(Agenda Item No. 07-361)
1. Approval of a Resolution indicating the desire to transfer the authority from the State of
Georgia and the responsibilities of the Office of the Insurance and Safety Fire
Commissioner to the City of Milton.
(Presented by Charles Millican, Acting Public Safety Director)
(Agenda Item No. 07-362)
2) Approval for City Clerk Jeanette Marchiafava to serve as Chief Municipal Registrar and
Absentee Ballot Clerk, and approval for Deputy City Clerk Evyonne Browning to serve
as Deputy Municipal Registrar.
(Presented by Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 07-363)
3) Approval of a grant application to the Department of Homeland Security for the Staffing
for Adequate Fire and Emergency Response (SAFER) grant program for funding of
three firefighters over a five year period.
Presented by Carol Wolfe, City Treasurer)
Page 3 of 4
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 SEPTEMBER 6, 2007 - 7:00 PM
13) MAYOR AND COUNCIL REPORTS
14) STAFF REPORTS
1. Health Insurance Update for City Employees.
(Presented by Carol Wolfe, City Treasurer)
(Agenda Item No. 07-365)
15) EXECUTIVE SESSION
The purpose of the Executive Session is to discuss personnel.
(Agenda Item No. 07-366)
16) ADJOURNMENT
Page 4 of 4
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.
The Minutes will be provided
electronically.
The Minutes will be provided
electronically.
The Minutes will be provided
electronically.
The Minutes will be provided
electronically.
The Minutes will be provided
electronically.
A(U City of Milton
,&$ 13000 Meld Parkway, Suite 107. Milton, Georgia 30004
ClTY COUNCIL AGENDA ITEM
TO: City Council DATE: August 24,2007
FROM: Acting City Manager
AGENDA ITEM: RZQ7-006,Text Amendment to Article 33.25 of the City of Milton
Zoning Ordinance -flag pole height.
MEETING DATE: Thursday, Septernber 6,2007Regular Meeting
BACKGROUND INFORMATION: (Attach additronal pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: NAPPROVED (3 NOT APPROVED
Cl7Y ATTORNEY APPROVAL REQUIRED: 34 YES 0 No
CITYATTORNEY REVIEW REQUIRED: ()YES )$NO
APPROVAL BY CITY ATTORNEY &I PPRO VED I} NOT APPROVED
PLACED ON AGENDA FOR: 0 q 0 (, 2 00 7
REMARKS:
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Honorable Mayor and City Council
From: Tom Wilson, Community Development Director
Date: August 24, 2007 for Submission onto the September 6, 2007 City Council
Meeting
Agenda Item: RZ07-006, Text Amendments to Article 33.25 of the City of Milton Zoning
Ordinance; Flag Pole Height
CMO (City Manager’s Office) Recommendation:
To approve the attached text amendment to increase the flag pole height from 20 feet to 25 feet.
Background:
After initial approval of the Sign Ordinance and subsequent amendment on April 19, 2007, it had
been discovered that typical flag poles are more than 20 feet in height. Therefore, Staff
recommends that the sign ordinance be amended to reflect a new height of 25 feet where it is
discussed.
Discussion:
Attached is the proposed text amendment changing the height of the flag pole to 25 feet.
City Council has reviewed and supported this proposed change. The Planning Commission
unanimously approved the proposed text amendments at their June 26, 2007 meeting.
Alternatives:
There are no reasonable alternatives to this resolution.
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006
AMENDED ON APRIL 19, 2007
ARTICLE 33 - SIGNS
Section 25: Restrictions Based on Location.
If not otherwise stated, any sign not specifically allowed in a zoning district as
provided under this Section shall be prohibited in that district, except as otherwise
provided for under this Article. The following standards govern signs within
specific zoning districts.
A. Permitted in all Zoning Districts
1. Signs during Construction. One (1) sign shall be allowed during construction. A
permit shall be required. The sign may be externally illuminated, shall not exceed
twelve (12) square feet in area and five (5) feet in height, and shall be allowed
beginning with the commencement of construction and ending with the issuance of
the last Certificate of Occupancy or two years, whichever one shall first occur.
Thereafter, the permitee may reapply for a renewal permit subject to same
termination conditions as set forth in this paragraph..
2. Temporary Standard Informational Sign. Each lot and or development may display
one (1) standard informational sign not exceeding (four) 4 square feet without a
permit except that during a political election or referendum, between the date of
qualification of the candidate or the referendum question and final determination on
each ballot issue or candidate, each lot may display an unlimited number of standard
informational signs.
3. Banners shall be allowed for a period not exceeding ten (10) consecutive days with
no more than four (4) such ten (10) consecutive day periods being permitted per
calendar year per lot. Banners shall not be more than twenty-four (24) square feet. A
permit shall be required. No banner shall be mounted so as to extend above the
horizontal plane of the roof where the building wall and roof meet or shall not
extend more than five (5) feet above grade when on the ground.
B. Agricultural District
1. Freestanding Signs.
a. One (1) maximum thirty-two (32) square foot, freestanding sign per business
or institutional lot shall be permitted for each street on which the lot has
frontage
.
b. One (1) maximum thirty-two (32) square foot, freestanding sign or two (2)
single-faced freestanding signs not to exceed sixteen (16) square feet each
for each side of a platted single family subdivision entrance. Freestanding
signs shall have a maximum height of six (6) feet from finished grade, and
may be externally illuminated, and the light shall be screened from view
Page 1 of 11
RZ07-006 – TEXT AMENDMENT
with evergreen plantings as approved by the Community Development
Director. Signs shall not have changeable copy
c. Flag. Each development may display no more than one (1) flag and/or
flagpole and, in addition, each single family detached residential lot within
each development may display not more than one (1) flag and/or flagpole..
The flagpole shall not exceed twenty-five ) feet in height. Flag size shall (25
not be more than twenty-four (24) square feet.
d. Each residence may display up to 12 (twelve) square feet of signage with no
single sign greater than 4 (four) square feet.
C. Single Family Residential, CUP and NUP Districts
1. Freestanding Signs
a. One (1) maximum thirty-two (32) square foot, freestanding sign per business
or institutional lot shall be permitted for each street on which the lot has
frontage.
b. One (1) maximum thirty-two (32) square foot, freestanding sign or two (2)
single-faced freestanding signs not to exceed sixteen (16) square feet each
for each side of a platted single family subdivision entrance. Freestanding
signs shall have a maximum height of six (6) feet from finished grade, and
may be externally illuminated, the light shall be screened from view with
evergreen plantings as approved by the Community Development Director
and shall not have changeable copy.
c. Flag. Each lot may display no more than one (1) flag and /or flagpole. The
flagpole shall not exceed twenty (20) feet in height. Flag size shall not be
more than twenty-four (24) square feet.
d. Each residence may display up to twelve (12) square feet of signage with no
single sign greater than four (4) square feet.
D. Apartment and Townhouse Residential Districts
1. Freestanding Signs
a. There shall be one freestanding sign per right-of-way frontage and it shall be
located at the project entrance.
b. Maximum height shall be six feet from finished grade.
c. The maximum size shall be 32 square feet.
Page 2 of 11
RZ07-006 – TEXT AMENDMENT
Deleted: twenty
Deleted: 20
Deleted:
d. Signs shall not have changeable copy.
e. Sign may be externally lighted. The light shall be screened from view with
evergreen plantings as approved by the Community Development
Director.
f. The freestanding sign structure shall be constructed of the same material as
the predominant material of the principal building.
g. Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved by the
Community Development Director.
h. Flags. Each development may display no more than one (1) flag and/or
) feet in height. Flag
Deleted: twenty
Deleted: 20
flagpole. The flagpole shall not exceed twenty-five (25
size shall not be more than twenty-four (24) square feet.
i. Each residence may display up to twelve (12) square feet of signage with no
single sign greater than four (4) square feet.
2. Wall Signs
a. Businesses may have no more than two wall signs. Corner buildings may
have an additional wall sign.
b. One sign shall be flush against the wall. The maximum size shall be 12
square feet.
c. A second sign, if used, shall be perpendicular or oblique to the wall. The
maximum size shall be 2 square feet.
d. Signs shall be one unit as opposed to individually mounted letters.
e. Wall signs shall not have changeable copy.
f. If illuminated, signs may be externally lighted and directed downward .
g. Wall sign shall not cover architectural features or details and not extend
beyond the roof line or outer edges of the building.
h. Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved by the
Community Development Director.
Page 3 of 11
RZ07-006 – TEXT AMENDMENT
Deleted:
3. Window Signs. Not more than three (3) window signs per development shall be
allowed and shall not be larger than four (4) square feet or cover more than five
percent ( 5%) of the area of each window in which a sign is placed, whichever is
less. Such signs shall not be illuminated.
E. O-I District
1. Billboards. Within Office-Institutional (O-I) districts, freestanding signs
shall not exceed one hundred twenty (120) square feet and shall be located
according to the following standards:
a. Along, and oriented toward, State numbered primary routes or national
highways only;
b. At least five hundred (500) feet from all residential or AG-1 zoning districts;
c. Minimum fifty (50) foot setback from right-of-way;
d. Minimum of one thousand five hundred (1500) feet from any other
Billboards or freestanding sign, except standard informational signs;
e. The lot on which the billboard is located shall have sufficient area to
accommodate the Fall Zone, and except for the sign, no parking areas,
pedestrian areas, roadways, buildings, structures, or appurtenances shall
be contained in the Fall Zone;
f. Maximum of twelve (12) feet in height; and
g. In compliance with applicable height standards for the district in which
located.
2. Freestanding Signs.
a. There shall be one freestanding sign per right-of-way frontage and it shall be
located at the project entrance.
b. Maximum height shall be six feet from finished grade.
c. The maximum size shall be 32 square feet.
d. Signs shall not have changeable copy.
e. Sign may be externally lighted. The light shall be screened from view with
.evergreen plantings as approved by the Community Development
Director.
Page 4 of 11
RZ07-006 – TEXT AMENDMENT
Deleted:
f. The freestanding sign structure shall be constructed of the same material as
the predominant material of the principal building.
g. Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved by the
Community Development Director.
h. Flag. Each development may display no more than one (1) flag and/or
) feet in height. Flag Deleted: twenty
Deleted: 20
flagpole. The flagpole shall not exceed twenty-five (25
size shall not be more than twenty-four (24) square feet.
3. Wall Signs
a. Businesses may have no more than two wall signs. Corner buildings may
have an additional wall sign.
b. One sign shall be flush against the wall. The maximum size shall be 12
square feet.
c. A second sign, if used, shall be perpendicular or oblique to the wall. The
maximum size shall be 2 square feet.
d. Signs shall be one unit as opposed to individually mounted letters.
e. Wall signs shall not have changeable copy.
f. If illuminated, signs may be externally lighted and directed downward.
g. Wall sign shall not cover architectural features or details and not extend
beyond the roof line or outer edges of the building.
h. Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved by the
Community Development Director.
F. Mixed Use District
1. Freestanding Signs.
a. There shall be one freestanding sign per right-of-way frontage and it shall be
located at the project entrance.
b. Maximum height shall be six feet.
Page 5 of 11
RZ07-006 – TEXT AMENDMENT
Deleted:
c. The maximum size shall be 32 square feet.
d. Signs shall not have changeable copy.
e. Sign may be externally lighted. The light shall be screened from view with
evergreen plantings as approved by the Community Development
Director.
f. The freestanding sign structure shall be constructed of the same material as
the predominant material of the principal building.
g. Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved by the
Community Development Director.
h. Flag. Each development may display no more than one (1) flag and/or
flagpole and, in addition, each single family detached residential lot within
each development may display not more than one (1) flag and/or flagpole.
) feet in height. Flag size shall
Deleted: twenty
Deleted: 20
The flagpole shall not exceed twenty-five (25
not be more than twenty-four (24) square feet.
i. Each residence may display up to twelve (12) square feet of signage with no
single sign greater than four (4) square feet.
2. Wall Signs.
a. Businesses may have no more than two wall signs. Corner buildings may
haven an additional wall sign.
b. One sign shall be flush against the wall. The maximum size shall be 12
square feet.
c. A second sign, if used, shall be perpendicular or oblique to the wall. The
maximum size shall be 2 square feet.
d. Signs shall be one unit as opposed to individually mounted letters.
e. Wall signs shall not have changeable copy
f. If illuminated, signs may be externally lighted and directed downward.
g. Wall signs shall not cover architectural features or details and not extend
beyond the roof line or outer edges of the building.
Page 6 of 11
RZ07-006 – TEXT AMENDMENT
Deleted:
h. Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved by the
Community Development Director.
G. Commercial and Industrial Park Districts (M-1A)
1. Billboards. Within Commercial (C-1) and Industrial Park (M-1A) districts,
freestanding signs shall not exceed one hundred twenty (120) square feet and shall
be located according to the following standards:
a. Along, and oriented toward, State numbered primary routes or national
highways only;
b. At least five hundred (500) feet from all residential or AG-1 zoning districts;
c. Minimum fifty (50) foot setback from right-of-way;
d. Minimum of one thousand five hundred (1500) feet from any other
Billboards or freestanding sign, except standard informational signs;
e. The lot on which the billboard is located shall have sufficient area to
accommodate the Fall Zone, and except for the sign, no parking areas,
pedestrian areas, roadways, buildings, roadways, structures, or
appurtenances shall be contained in the Fall Zone;
f. Maximum of twelve (12) feet in height; and
g. In compliance with applicable height standards for the district in which
located.
2.. Freestanding Signs.
a. There shall be one freestanding sign per right-of-way frontage and it shall be
located at the project entrance.
b. Maximum height shall be six feet from finished grade.
c. The maximum size shall be 32 square feet.
d. Signs shall not have changeable copy.
e. Sign may be externally lighted. The light shall be screened from view with
evergreen plantings as approved by the Community Development
Director.
Page 7 of 11
RZ07-006 – TEXT AMENDMENT
Deleted:
f. The freestanding sign structure shall be constructed of the same material as
the predominant material of the principal building.
g. Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved by the
Community Development Director.
h. Flag. Each development may display no more than one (1) flag and/or
) feet in height. Flag Deleted: twenty
Deleted: 20
flagpole. The flagpole shall not exceed twenty-five (25
size shall not be more than twenty-four (24) square feet.
3. Wall Signs.
a. Businesses may have no more than two wall signs. Corner buildings may
have an additional wall sign.
b. One sign shall be flush against the wall. The maximum size shall be 12
square feet or three (3) percent of the wall area.
c. A second sign, if used, shall be perpendicular or oblique to the wall. The
maximum size shall be 2 square feet.
d. Signs shall be one unit as opposed to individually mounted letters.
e. Wall signs shall not have changeable copy
f. If illuminated, signs may be externally lighted and directed downward.
g. Wall signs shall not cover architectural features or details and not extend
beyond the roof line or outer edges of the building.
h. Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved by the
Community Development Director.
H. Industrial Districts
1. Billboards. Within industrial districts (M-1 and M-2), freestanding signs shall not
exceed one hundred-twenty (120) square feet and shall be located according to the
following standards:
a. Along, and oriented toward, State numbered primary routes or national
highways only;
Page 8 of 11
RZ07-006 – TEXT AMENDMENT
Deleted:
b. At least five hundred (500) feet from all residential or AG-1 zoning districts;
c. Minimum fifty (50) foot setback from right-of-way;
d. Minimum of one thousand five hundred (1500) feet from any other
Billboards or freestanding sign, except standard informational signs;
e. The lot on which the billboard is located shall have sufficient area to
accommodate the Fall Zone, and except the sign, no parking areas,
pedestrian areas, roadways, buildings, structures, or appurtenances shall be
contained in the Fall Zone;
f. Maximum of twelve (12) feet in height; and
g. In compliance with applicable height standards for the district in which
located.
2. Freestanding Signs.
a. There shall be one freestanding sign per right-of-way frontage and it shall be
located at the project entrance.
b. Maximum height shall be six feet from finished grade.
c. The maximum size shall be 32 square feet.
d. Signs shall not have changeable copy.
e. Sign may be externally lighted. The light shall be screened from view with
evergreen planting as approved by the Community Development
Director.
f. The freestanding sign structure shall be constructed of the same material as
the predominant material of the principal building.
g. Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved by the
Community Development Director.
3. Wall Signs.
a. Businesses may have no more than two wall signs. Corner buildings may
have an additional wall sign.
b. One sign shall be flush against the wall. The maximum size shall
Page 9 of 11
RZ07-006 – TEXT AMENDMENT
Deleted:
be 12 square feet.
c. A second sign, if used, shall be perpendicular or oblique to the wall. The
maximum size shall be 2 square feet.
d. Signs shall be one unit as opposed to individually mounted letters.
e. Wall signs shall not have changeable copy
f. If illuminated, signs may be externally lighted and directed downward.
g. Wall signs shall not cover architectural features or details and not
extend beyond the roof line or outer edges of the building.
h. Sign faces shall be made out of wood or other material which has
the appearance of carved, distressed, or sandblasted wood as approved by the
Community Development Director.
I. Mobile Home Park District
1. Freestanding Signs
a. There shall be one freestanding sign per right-of-way
frontage and it shall be located at the project entrance.
b. Maximum height shall be six feet from finished grade.
c. The maximum size shall be 32 square feet.
d. Signs shall not have changeable copy.
e. Sign may be externally lighted. The light shall be
screened from view with evergreen plantings as approved by the
Community Development Director.
f. The freestanding sign structure shall be constructed
of the same material as the predominant material of the
principal building.
g. Sign faces shall be made out of wood or other material
which has the appearance of carved, distressed, or
sandblasted wood as approved by the Community Development Director.
h. Each residence may display up to twelve (12) square feet of signage with no
single sign greater than four (4) square feet.
Page 10 of 11
RZ07-006 – TEXT AMENDMENT
Deleted:
2. Wall Signs.
a. Businesses may have no more than two wall signs. Corner buildings may
have an additional wall sign.
b. One sign shall be flush against the wall. The maximum size shall be 12
square feet.
c. A second sign, if used, shall be perpendicular or oblique to the wall. The
maximum size shall be 2 square feet.
d. Signs shall be one unit as opposed to individually mounted letters.
e. Wall signs shall not have changeable copy
f. If illuminated, signs may be externally lighted and directed downward.
g. Wall signs shall not cover architectural features or details and not extend
beyond the roof line or outer edges of the building.
h. Sign faces shall be made out of wood or other material which has the
appearance of carved, distressed, or sandblasted wood as approved by the
Community Development Director.
Page 11 of 11
RZ07-006 – TEXT AMENDMENT
Deleted:
A(U City of Milton<D 13030 Meld Parkway, Suite 107. Milton. Georgia 30034
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: August 24,2007
FROM: Acting City Manager
AGENDA ITEM: Public Hearing on Ordinance to Adopt adjustments to the Fiscal 2007
Budget for each fund of the City of Milton, Georgia
MEETING DATE: Thursday, September 6,2007Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED I) NOTAPPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES @
CITY ATTORNEY REVIEW REQUIRED: ()YES %NO
APPROVAL BY CITY ATTORNEY ()APPROVED (3 NOT APPROVED
PLACED ON AGENDA FOR: 0 q 0 (, 2 0 07
REMARKS:
STATE OF GEORGIA ORDINANCE NO. 07-
COUNTY OF FULTON
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 _______________________
--- he,
6
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c ,"ne
3
X( -City of Milton
%
3 > * #*a, ):: @<-w %+@
City of Mitton, Georgia-A
Fiscal Year 2007
Summary of Departmental Budget Adjustment # 2
The goal of this second fie& year 22807
budget adjustment is to revise departmental
budgets and interfund transfers based upon
hctrvity-to-date. The intent of the
adjustmcnt is to cover unforcdeen and/or
anticipated expenditures as we approach the
end of the fiscal year.
General Fund
The General Fund is the principal operating
fund of the government and is used to
facilitate current year operations. Genera1
Fund revenues are revenues ~5th
unrestricted use. Expenditure requests are
categorized ~ntonro categories:
Salaql/Benefit s and Maintenance/ Operating.
The financial statement to the ri2ht
represents the recommended adjustments to
the general fund budget as foHows:
Revenue Increases:
1. Alcohol Beverage Excise Tax -
S 13,255
2. Intangible Tax -$25,843
3. Interest Earnings -$3,402
All ofthe increases in revenue represent
actual collection to date.
ExpendPture Increasee/Decreases:
1. Decrease m stipend accounts -
{$4,000)
2. Legal Scrrrlces -$60,000
3. Public Safety Admin -to be($36,080)
tmnsfemed to the Capital Project
Fund for purchase of lire vehicle
Changes in Interhnd Transfc-:
1. Increase in Transfer to Capital Project
Fund -$35,000
2. Add Transfer to Operating Grants
Fund -$4,000 (stipend)
3. Decrease in Transfer io Capital
Grants Fund due to partial non-
sward of grant resulting in a decrease
in match needed -$1 7,500
Hew General Fund Revenue and
EHpenditure Budget is $13,181,837.
Fiscal Year 2007 Budget Adjustment #2
General Fund
Statement of Rc~cnawand Expedturcs
REWSED
I3U UGET
r.71' 2007
prop^ LY Tdxes
L O.S.T.
AFcohol Beveragc Tax
Business & Qcclapatlon Tax
Finallcial Instltutlon Tax
Inmngble T&x
Motor VE~IC~E
TBX
Red Estate Transfer Tax
Iicensrs & Permits
ln~~rgovmmental
Charges ior Senwe -Franchise Fees
Charges for Smite -Other-
Rnes $6 Forfeitures
Other Revrnues
Subtol,d
~nditurec:
Ma~rMCouncil
Citv ,Mm=tr
Qt!: Clrrk
Community Drvellopment
Cummunitv S~rvicrs-I'uhlir: Works
Comtnumty Sere-~ccs -Rec & Parks
kg~1Senrims
Munrc~pdICuurr
Oprahons Finance
Ither Rnanc~ngUses:
Capital Lease Paynent
TA:i interesx
1IF 'lhnsler to Cap~talProject Fuzld
1!F Tr&nskrto Capital Grant Fund
1' F Tmnsfer to Operating Grant Rind
1 Suhtord Other Flnanc~nw Usrs.
Fund Balance, Seprernktr 30 S
2
I
Capital project furrds we used to u'ack
revenue and expenditure:associated with
capital constructinn, acquisition and
maintenance. Appropriations in capital
project funds are on a project-length basis
and do not expire until the project is
complete.
The financial statwent to the right
represents the recommended adjustments
to the capital project fund budget as
follows:
Ekpenditure Inczeases{Decreases:
4. Capital Outlay -$36,000 for
purchase of fire pick-up truck
Changes In Interfund Transfers:
4. Increase in Transfer in from
General Fund -$36,000
New Capital Project Fund Revenue and
Expenditure Budget is $3,776,659.
Fiscal Year 2007 Budget Adiustment #2
and Expenditures
RECOMhlEKDED
Rr~nningFund Ralanc~:
Charges lor Semccs
Other Financi118Sources
I!F Tr;msfcr From Gcneml Fund
Cap~talLease Proceeds
Tom1 Other Pinzlncln~Sn~lrces:
Total Rcvpnuc:
Capital Outl~v
Corttingcncy fbr kojccts
Tod Expenditures:
$ 3,755,39
Fiscal Year 2007 Budeet Adjustment #2
The Operating Grant Fund is uscd to
track revenue and expenditure
associated u-itfi grants used for
maintenance and operating activities.
.4ppropnations in the operating grant
fund are on a ptujcct-Sength basis md
do not expire writ11 the project is
complete. Beginning Fund Balance:
The financial statement to the right
represents the recommended
adjustments to the Operating grant
fund b udst es foIlou*s:
lntergov~rnrn~ntal-Crabapple Update
Contrrbutions & Donations
Expenditure Increases/Decreases:
1. Increase in Crabapple update Other Financln~Sources:
using stipend transfer -S4,000 IjF Transfer from General Fufid
Subtotal 0tlter Finalcirkg Sm~rcre.
Changes in Interfund Transfers: Tolal Revenue:
1, Addition of an interfund transfer
from the General Fund -$4,000
New Qperating Grant Fund Revenue Total Expenditures:
and Expenditure Budget is $19,000.
Fiscal Year 2007 Budget--Adjustment $2
Tfie Capital &ant Fund is used to
track revenue and expenditure
associated with grants used for capital
construction, acquisition and
maintenance. Appropriations in the
capital grant fund arc on a project-
length basis and do not expire until the
project is complete.
The financia1 statement to the right
represents the recommended
adjustments to the capital grant fund
budget as follows.
Revenue Increasea/Deerease#:
1. Decrease in transportahon
grant -(~500,000j
2. Decrease in Fireman's Fund
grant match actual award -
$78,8641
3. Decrease in Assistance to
Firefighter's Grant based on
partial nno-award -($350,000)
Expenditure IncreasesJ Decreases:
1. Expend ~turedecrease of the
same amount as above in the
xevenue section -($928,564)
Changes in Interfund Transfers:
Beginn~ngFund Balance:
Intergo~mmentd
Contributions lP, Donations
Other Financing Sou rcex
IIF Transfer from General hnd
Subtotal Other Financing Sources:
Total Rcsenue:
Contingeng for Pwjmts
Total Expenditures:
1, Decrease in Transfer ham General Fund due to partial non-a~vardof grant resulting in a decrease
in match needed -{$17,500)
Hew Capltilf Grant Fund Revenue and Expenditure Budget is $212,892.
Fiscal Year 2007 Budget Adjustment #2
Cap~tal O~ratlng Capjtat HotrlJMotrl Tot&
General Fund Pmj~tsFund Grants Fund Grants Fund Fund Gmernment
Rer~nuts:
hopem Pmes
t 0,sT
Alcohd Bwrra&c Escrsc Tu
Bursmess 86 0zcu:mtion Tax
Fjnancml InsututionTax
HOICIJMD~C~Tax
Intangible Tay
Motor Vehicle T~Y
Rrnl EsL-itr Trnnqfrr Tax
L~ccnsestk Pemta
Intcrgowmmntal
Ch-arges for SCWI~E-F~R~CRIPCFCFR
Charges for Service -Other
Ftlcs Forfei~ures
Conrnbutions 8B Donatione
h41sceilaneous
Ozher Financlnp,Sources:
Interfund Transfer In -General Fund $ -8 386,000 $ +,GOD $ 4.394 S -S 394.394
IIIZC~Iulid Tran&r 1x1 -I!otri/M<*l Fund 25,49? 25,497
K~pendibures
Yak-or and Councd
CIT IrIanapr
City Clerk
Cammunlry l3evelopmcnt
Cornrnunltj-Semce-;
Legal Semces
Munrcipal Court
O~~iptlom
Pubirc Inimuan
Public Szllety
Ron-UepdrtmenUi
-
Intrl-innd Tq:?fff*r#a* -G~nrralnand $ S -$ -$ -$ 25.497 $ 25,107
Inredulrri Transfer Out -Cap~tesProject Fund 386,000 -S 3Sh.ODO
Interrund Tranorcr Out -Caprtal Grants I:unrl 4,394 -S 4,394
lrareflund Ymnder Out -Clpcrat~ngCmt~Fu1r.l 4,M)I-l -S 41.000
bast Pfiyment -S
Tax Antrcioar~onNorc lnrcrrst 15D.OC)O $ lsn om
and I'nnctpal -F~reSration Debt -S
Total Other 1::nanr:n: Uses: $ 544,391 S -5 -$ -S 25.497 S 569 S91
'I'vaI Exp~ndirures.=-% 13.i81.537 S 3,776,557 $ 19,000 !S 212,892 5 25.1t97 $ 17.21 5 853
n< (U City of Milton<& 13000 DMeld Parkway, Suite 107. Milton. Georgia 30W4
CITY COUNCIL AGENDA ITEM
TO: City Council DAfE: August 24, 2007
FROM: Acting City Manager
AGENDA ITEM: Public Hearing on Ordinance to Adopt the Fiscal 2008 Budget for each
fund of the City of MiIton, Georgia.
MEEllNG DATE: Thursday, September 6,2007Regular Meeting
BACKGROUND INFORMA TION: (Attach additronal pages rf necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (I~APFROVED () NOT APPROVED
5
CITY ATTORNEY APPROVAL REQUIRED:
CITY ATTORNEY REVIEW REQUIRED: (]YES #NO
APPROVAL BY CITY ATTORNEY ()APPROVED (1 NOT APPROVED
PLACED ON AGENDA FOR: 0 4 Ob 7 oo 7
REMARKS:
STATE OF GEORGIA ORDINANCE NO. 07-
COUNTY OF FULTON
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON,
GEORGIA, TO ADOPT THE FISCAL 2008 BUDGET FOR EACH FUND OF
THE CITY OF MILTON, GEORGIA APPROPRIATING THE AMOUNTS SHOWN
IN EACH BUDGET AS EXPENDITURES, ADOPTING 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 a
proposed fiscal year 2008 Budget to the City Council on each of the various
funds of the City; and
WHEREAS, each of these budgets is a balanced budget, so that
anticipated revenues equal proposed expenditures for each fund; and
WHEREAS, the fiscal year 2008 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, “Exhibit A”
attached hereto and by this reference made a part hereof this ordinance shall be
the City of Milton’s fiscal year 2008 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
13000 Deerfield Parkway, Suite 100, Alpharetta, Georgia 30004
September 6, 2007
To the Mayor, City Council and the Citizens of Milton:
We are pleased to present the City of Milton’s Annual Budget for fiscal year 2008. The objective of the
City’s budget is to provide a management tool in which our local government can unite its budgeting
efforts to provide quality services while operating under available resources. The process results in the
updating of the City’s on-going financial plan and provides a vehicle in which management decisions can
be made as a result of the formulation of the respective data.
BUDGET PROCESS AND OVERVIEW
The fiscal year 2008 budget process began in June with distribution of historical data and forms to all the
department directors. Each department formulated budgets in three major areas; maintenance &
operating, operating initiatives, and capital project requests. Concurrent with departmental budgeting,
finance staff completed the first draft of a salary/benefits budget as well formulated initial revenue
estimates.
In late-July, each department director met with the City Manager to review the maintenance and operating
budget. The senior staff also met as a group to review and prioritize operating initiatives and capital
projects, with the goal being the development of a staff priority list to present to council for
recommendation and discussion. Departmental maintenance and operating requests and the staff priority
list was used to formulate the first draft of a balanced budget. This draft was presented to the City
Council during a workshop setting on August 9th. Subsequent to the first workshop, council members
submitted their input on operating initiatives and capital projects and the budget underwent several
additional drafts in preparation for the next workshop. The budget was again at the August 23rd council
workshop, where a list of project to be funded was finalized. This process has resulted in a balanced
budget for fiscal year 2008 as presented in this memo.
As required by Georgia law on local government budgets, citizen input will be solicited during the process
of adopting the budget through publicly advertised meetings. The legally required public hearings on the
budget will be held on September 6, 2007, with the first reading of the ordinance and the second
ordinance reading and final adoption occurring on September 20, 2007. As set forth in the City of Milton
Charter, the millage rate used in establishing the balanced budget for fiscal year 2007 is 4.731 mills.
On those same publicly advertised hearing dates, will also be the reading and adoption of an ordinance
reaffirming the City’s need to continue to collect the 911 surcharge on wired and wireless telephone
service. This ordinance is a state law requirement each year as it pertains to O.C.G.A. § 46-5-134(d)(3).
KEY BUDGET FACTORS, ISSUES, AND PRIORITIES
The foundation for the fiscal year 2008 budget is based on four key financial factors.
• Sustainability of existing services
• Enhancement to deployment-level services through operating initiatives
• Continued contribution to operating reserves
• Maintaining the quality of life for constituents, citizens, and businesses through capital
programming
Sustainability of Existing Services and Enhancements through Operating Initiatives
The fiscal year 2008 balanced budget is based on a millage rate of 4.731 mills, which is the same millage
rate applied in fiscal year 2007. This budget provides financial resources for the City of Milton to sustain
the current levels of service and includes areas of improved service via operating initiatives.
In appropriating the resources to sustain existing services, the following are the top five revenue and
expenditure sources:
Representing 87.7% of total general fund revenue, the top five areas of general fund revenue are as
follows:
Property Tax Revenue 48.5% $8,638,507
Local Option Sales Tax 23.1% $4,123,154
Fines & Forfeitures 6.3% $1,130,559
Franchise Fees 6.2% $1,100,000
Business Occupation Tax 3.6% $ 650,000
Representing 65.1% of total general fund expenditures, the top five general fund expenditures by
department are:
Public Safety 42.2% $6,428,122
Public Works 11.5% $1,753,254
Operations – Information Technology 9.2% $1,401,641
Community Development 8.4% $1,273,886
Operations – Finance 4.9% $ 751,832
The top five expenditures by category are as follows:
Contracted Service with CH2M Hill 38.0% $6,778,021
City Position Salary Costs 30.5% $5,440,604
Funding for Capital Projects 8.7% $1,556,762
Capital Lease Payment 4.0% $ 711,822
Facility Lease Payments 3.8% $ 671,769
Salary and Benefits Detail
The salary and benefit budget is based upon approved positions and the associated benefit program
costs. A benefit enhancement of a 1% maximum match to the employee voluntary deferred
compensation program is included in the salary and benefit budget.
For fiscal year 2008, direct City costs for salaries/benefits is $5,439,560, with $4,349,778 appropriated for
salaries and $1,089,778for benefits, making benefit costs 25.1% of the total salaries/benefit budget. The
total City salary/benefits budget is 30.5%of the total operating expenditures.
The budgeted components of salaries and benefits are as follows:
Regular Salaries - $4,088,954
Overtime - $111,865
Holiday Pay - $148,863
FICA – $233,674
Pension - $135,907
Match to Deferred Compensation - $36,420
Group Insurance - $519,880
State Unemployment Insurance - $22,540
Workers’ Compensation - $129,357
2
08/30/2007
Tuition Reimbursement - $12,000
These costs represent the following positions paid by the City:
Mayor & Council 1 Full-time; 7 Part-time positions
City Manager 1 Full-time position
City Treasurer/Operations 1 Full-time position
City Clerk & Municipal Court 1 Full-time position; 3 Part-time Positions
Public Safety 74 Full-time positions
Budget Summary by Department
Mayor and City Council
The fiscal year 2008 budget appropriation for the Mayor and Council is $396,330. This
department is comprised of a Mayor, six council members, and an Executive Aide to the Mayor.
Salaries of all of the positions in the Mayor/Council Department are set by City Charter. Each
elected official receives an annual stipend for expenditure reimbursement. For fiscal year 2008,
the Mayor’s stipend is $3,000 and each council member receives a stipend of $2,000 each.
City Manager
The fiscal year 2008 budget appropriation for the City Manager’s Department is $365,784. This
appropriation includes an operating initiative of $30,000 to fund four major special events
throughout the next fiscal year. The City Manager is responsible for the overall management of
all city functions and operations. The City Manager’s Department is comprised of the following
employees:
• City Manager
• Project Coordinator
The City Manager is a position established by the Charter and the remaining employees are
employed by CH2M Hill.
City Clerk
The fiscal year 2008 budget appropriation for the City Clerk’s Department is $522,571. The Clerk
is responsible for the compilation and publication of all council agendas. The City Clerk is holder
of all City records, therefore is responsible for the records management program. The City
Clerk’s Department is comprised of the following employees:
• City Clerk
• Deputy City Clerk
• Records Clerk
•Administrative Assistant
The City Clerk is a position established by the Charter. The remaining employees are employed
by CH2M Hill. The Clerk’s budget in fiscal year 2008 includes two initiatives; codification of
ordinances and the purchase and installation of a digital recording system.
Community Development
The fiscal year 2008 budget appropriation for the Community Development Department is
$1,273,886. Community Development is responsible for all planning and zoning activities, as well
as inspections and code enforcement. The Community Development Department is comprised of
the following employees:
3
08/30/2007
•Director of Community Development
•Assistant Manager of Planning and Zoning
• Two Planners
•Environment Engineer/Arborist
•Two Construction/Plans Review Inspectors
•Code Enforcement Officer
•Administrative Assistant
In addition to the above CH2M Hill employees, the management of building permit issuance and
inspections will be provided by a contracted service provider, who will provide the requisite staff
to effectively manage the function.
Community Services – Public Works
The fiscal year 2008 budget appropriation for public works is $1,753,254. Public Works is
responsible for transportation and road repair and maintenance activities. The public works
division of the Community Services Department is comprised of the following employees:
•Director of Public Works
• Transportation Engineer
•Field Services Manager
•Field Services Technician
• GIS Technician
Community Services – Recreation and Parks
Recreation and Parks is responsible for repair and maintenance of the City’s parks. These
activities are accomplished with the sharing of the public works field personnel. The total
appropriation budget for Recreation and Parks is $418,063.
Legal Services
Legal services are provided to the City through a contractual relationship with Jarrard and Davis,
LLP. The budget for legal services and consultation is $180,000.
Municipal Court
The fiscal year 2008 budget appropriation for Municipal Court is $448,565. The court staff is
responsible for the operation of the City’s municipal court system, scheduling, processing, and
tracking all violations issued by public safety and code enforcement personnel. The Court
Department is comprised of the following employees:
•Court Clerk (also serving as the City Clerk)
•Municipal Judge and Substitute Judge
• City Solicitor
•Deputy Court Clerk
•One full-time Court Clerk
•One part-time Court Clerk, a newly funded position in the fiscal year 2008 budget.
The Municipal Judge, Solicitor and Court Clerk are positions established by the Charter. The
remaining employees are employed by CH2M Hill.
4
08/30/2007
Operations Department
The Operations Department is responsible for financial management, grants program, human
resources management, and information technology. The Operations Department is comprised
of the following employees:
•Director of Operations/City Treasurer
• Administrative Assistant
• Finance Manager
• Accountant
• Budget/Procurement Coordinator
•Disbursements Coordinator (payroll and accounts payable)
• Revenue Specialist
• Revenue Technician
•Human Resources Manager
•Information Technology Manager
• Network/Systems Coordinator
• IT Technician
The City Treasurer is a position established by the Charter and the remaining employees are
employed by CH2M Hill. The total appropriation budget for Operations by department is as
follows:
•Finance - $ 751,832
•Human Resources - $118,741. The HR budget includes funds to implement a random
drug screening program for City employees
•Information Technology - $1,401,641
The Operations Department will also manage the property and casualty insurance program,
which is budgeted at $236,030.
Program Management
Program Management is responsible for the on-site management of the CH2M Hill contract as
well as overall customer service operations. The fiscal year 2008 budget for program
management is $309,440. Program Management staff consists of the following employees:
• Program Manager
• Office Manager
• Citizen Responder
• Receptionist
Public Information
Public information is responsible for all internal and external communication activities, including
media relations, website management and public interaction activates. These activities are
managed by a Communications Manager and the department budget is $82,360.
Public Safety Department
The fiscal year 2008 budget appropriation for the Public Safety Department is $6,426,978. Public
safety is responsible for all police, fire, and emergency management functions. The Public Safety
Department is comprised of the following employees, all of which are direct employees of the
City:
5
08/30/2007
•Public Safety Director
•Deputy Public Safety Director
•Support Services Chief
• Training Captain
• Administrative Assistant
•Four Police Patrol Lieutenants
•One Police Detective Lieutenants
•Fourteen Police Officers
• Three Fire Captains
•Twelve Fire Lieutenants
• Thirty-six Firefighters
Operating initiatives included in the public safety budget include:
•Three Fire Lieutenants and Six Firefighters
•Two Police Officers
•Radar units for patrol vehicles
•Shotgun weaponry for the police force
•A police canine program contingent upon a donation of funds to purchase the program
animal
•A records management server
The intergovernmental agreement with Fulton County to provide emergency 911 dispatch
services for the City of Milton will stay in place and the County will continue to collect the 911
surcharge revenue in order to provide payment for dispatch services.
Other Budgeted Expenditures – Non-departmental
Included in the expenditure appropriations are the following:
The first of five annual lease payments associated with the purchase of equipment, vehicles, and
fire apparatus in the amount of $711,822.
An estimated interest payment associated with the issuance of a Tax Anticipation Note in the
amount of $150,000.
An interfund transfer of $1,556,762 out of the General Fund and into the Capital Project Fund in
order to pay for the recommended capital projects for fiscal year 2008.
An interfund transfer of $150,000 out of the General Fund and into the Capital Grant Fund in
order to fund the match for the transportation master plan and a contingency account for potential
grant matching funds.
An interfund transfer of $37,345 out of the General Fund and into the Operating Grant Fund in
order to fund the match for the SAFER grant personnel.
Contribution to Reserves
The City’s Financial Management Plan budget policy requires an operating reserve equal to two months
expenditures which is approximately 16%. These funds are set aside as a reserve in case of economic
downfall or catastrophic emergency, as well as a float for cash flow purposes. The policy allows five
years for the City to build up to the 16% level and the fiscal year 2008 budget includes a contribution of
$530,000. Combined with the 2007 contribution of $246,894, the reserves will be funded at 5% of the
required 16%. The funding of the operating reserves is currently on track to be fully funded within the five
year requirement.
6
08/30/2007
Maintaining the Quality of Life for Constituents, Businesses, and Citizens through Capital
Programming
The City’s capital improvement program has the most visible and long-term effect on the quality of life for
residential and commercial citizens and Milton’s visitors. As part of the capital planning process for fiscal
year 2008, first priority was given to projects that would 1) maintain or repair the City’s current assets, 2)
alleviate or mitigate a health/safety hazard, and 3) provide external funding toward a capital project.
Secondary priority for funding considerations were projects that included long-term vision and planning for
the City of Milton.
The appropriation for the fiscal year 2008 capital program is $1,919,562 and is presented by the priority
categories explained above.
Current Asset Maintenance and Repair
Pavement Management $988,541
Stormwater Maintenance $100,000
Bridges and Dams Inventory and Maintenance $ 30,000
Traffic Signs and Signals Maintenance $ 50,000
Traffic Calming $ 35,000
Renovation of fire stations on Thompson Road and Arnold Mill Road $ 50,000
Apparatus and Vehicle Reserve $ 27,000
Heath and Safety Mitigation
Birmingham @ New Providence Intersection Improvement (second year funding) $170,800
External Funding Opportunity
Freemanville @ Providence Intersection Improvement (second year funding) $208,500
Transportation Master Plan $100,000
Long-term Vision and Planning
Park Development $ 90,434
Design Guidelines for Highway 9 $ 30,000
Recreation and Parks Master Plan $ 30,000
Historic Preservation Ordinance $ 20,000
Tree Preservation Ordinance $ 10,000
Update to Crabapple Master Plan $ 10,000
Other
Two Police Vehicles (new officer positions) $ 69,487
Project Contingency Account $ 10,000
BUDGET POLICY
Annual budgets are adopted on a basis consistent with accounting practices as defined by generally
accepted accounting principles for all funds. All annual appropriations lapse at year end except capital
project and grant funds, which adopt project-length budgets.
CLOSING
The budgetary appropriations for fiscal year 2008, as seen in the attached financial summaries represent
the balancing of service and infrastructure needs with available resources. We thank our City Council,
7
08/30/2007
citizens and staff for the input and effort that has resulted in a balanced budget and financial plan for
fiscal year 2008. We look forward to the upcoming year in providing the services outlined in this budget.
Respectfully Submitted,
Chris Lagerbloom Carol R. Wolfe
Acting City Manager City Treasurer/Director of Operations
8
08/30/2007
Fiscal Year 2007 Annual Budget Appropriation
General Fund Revenue and Ex penditure
REVISED RECOMMENDED
BUDGET BUDGET
FY 2007 FY 2008
Beginning Fund Balance: $ -$ -
Revenues:
Property Taxes
L.O.S.T.
Intangible Tax
Motor Vehicle Tax
Real Estate Transfer Tax
Business & Occupation Tax
Alcohol Beverage Tax
Financial Institution Tax
Franchise Fees
Licenses & Permits
Charges for Service
Fines & Forfeitures
Contributions & Donations
Interest
Other Revenues
Subtotal:
$
$
6,868,142
2,944,688
201,000
336,911
59,940
600,000
145,000
25,000
823,000
286,327
262,332
416,000
-
67,500
78,000
13,113,840
$
$
8,637,363
4,123,154
320,000
400,000
75,198
650,000
250,000
30,000
1,100,000
453,810
542,320
1,130,559
5,000
40,000
12,000
17,769,404
Other Financing Sources:
Hotel/Motel Tax
Subtotal Other Financing Sources:
Total Operating Revenue:
$
$
25,497
25,497
13,139,337
-
$
$
52,000
52,000
17,821,404
Expenditures:
Mayor and Council
City Manager
City Clerk
Community Development
Community Services - Public Works
Community Services - Rec & Parks
Legal Services
Municipal Court
Operations - Finance
Operations - HR
Operations - IT
Program Manager
Public Information
Public Safety
Non-Departmental
Contribution to Operating Reserves
Subtotal:
$
$
297,368
548,777
171,488
927,624
1,730,940
-
170,000
329,521
2,091,793
-
-
-
278,039
5,630,999
194,000
246,894
12,617,443
$
$
396,330
365,784
522,571
1,273,886
1,753,254
418,063
180,000
448,565
751,832
118,741
1,401,641
309,440
82,360
6,426,978
236,030
530,000
15,215,475
Other Financing Uses:
Capital Lease Payment
TAN Interest
I/F Transfer to Capital Project Fund
I/F Transfer to Capital Grant Fund
I/F Transfer to Operating Grant Fund
Subtotal Other Financing Uses:
Total Expenditures
$
$
$
-
150,000
350,000
21,894
-
521,894
13,139,337
$
$
$
711,822
150,000
1,556,762
150,000
37,345
2,605,929
17,821,404
Fund Balance, September 30 $ -$ -
9
08/30/2007
Fiscal Year 2008 Annual Budget Appropriation
Capital Project Fund Revenue and Expenditure by Class
EXPENDITURE
APPROPRIATIONS
REVENUE
ANTICIPATIONS
NET
EFFECT
Expenditure:
Capital Outlay:
Community Development
Public Works
Public Safety
Recreation & Parks
Contingency
Subtotal:
$
$
60,000
1,582,841
146,487
120,434
10,000
1,919,762
$
$
-
-
-
-
-
-
$
$
(60,000)
(1,582,841)
(146,487)
(120,434)
(10,000)
(1,919,762)
General Revenues:
Host Fees
Solid Waste Fees
Subtotal:
$
$
-
-
-
$
$
187,000
66,000
253,000
$
$
187,000
66,000
253,000
Other Financing Sources & Uses:
I/F Transfer from General Fund
Budgeted Fund Balance
Subtotal:
$
$
-
-
-
-
$ 1,556,762
110,000
$ 1,666,762
$
$
1,556,762
110,000
1,666,762
Grand Total $ 1,919,762 $ 1,919,762 $ -
10
08/30/2007
Fiscal Year 2008 Annual Budget Appropriation
Hotel/Motel Fund Revenue and Expenditure
REVISED RECOMMENDED
BUDGET BUDGET
FY 2007 2008
Beginning Fund Balance: $ -$ -
Revenues:
Hotel/Motel Excise Tax 25,497 52,000
Total Revenues: $ 25,497 $ 52,000
Expenditures:
I/F Transfer to General Fund $ 25,497 $ 52,000
Total Expenditures: $ 25,497 $ 52,000
Fund Balance, September 30 $ -$ -
Fiscal Year 2008 Annual Budget Appropriation
Capital Grant Fund Revenue and Expenditure
REVISED RECOMMENDED
BUDGET BUDGET
FY 2007 2008
Beginning Fund Balance: $ -$ -
Revenues:
Intergovernmental 1,030,998 -
Intergovernmental - Safe Routes Grant - 281,000
Intergovernmental - FN239 - 400,000
Contributions & Donations 88,964 -
Subtotal: $ 1,119,962 $ 681,000
Other Financing Sources:
I/F Transfer from General Fund $ 21,894 $ 150,000
Subtotal Other Financing Sources: $ 21,894 $ 150,000
Total Revenue: $ 1,141,856 $ 831,000
Expenditures:
Capital Outlay $ 1,141,856 $ -
Capital Outlay - Safe Routes Grant $ -$ 281,000
Capital Outlay - FN239 $ -$ 500,000
Contingency for Projects -50,000
Total Expenditures: $ 1,141,856 $ 831,000
Fund Balance, September 30 $ -$ -
11
08/30/2007
Fiscal Year 2008 Annual Budget Appropriation
Operating Grant Fund Revenue and Expenditure
REVISED RECOMMENDED
BUDGET BUDGET
FY 2007 2008
Beginning Fund Balance: $ -$ -
Revenues:
Intergovernmental - Crabapple Update 15,000 10,000
Intergovernmental - SAFER - 115,455
Contributions & Donations --
Subtotal: $ 15,000 $ 115,455
Other Financing Sources:
I/F Transfer from General Fund $ -$ 37,345
Subtotal Other Financing Sources: $ -$ 37,345
Total Revenue: $ 15,000 $ 152,800
Expenditures:
Crabapple Update $ 15,000 $ 10,000
SAFER Grant $ -$ 142,800
Total Expenditures: $ 15,000 $ 152,800
Fund Balance, September 30 $ -$ -
12
08/30/2007
CityofMilton
13000 Deerfield Pahay, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO : City Council DATE: August 24,2007
FROM: Acting City Manager
AGENDAITEM: RU)7-010-P3941-13945Wighway9North,todevelopthree(3)ofice
buildings with a bank in one (1) 14,104 square-foot two-story building and
two (2) 7,000 square-foot buildings for a total of 28,104 square feet at a
total density of 5,332 square feet per acre.
MEETING DATE: Thursday, September 6, 2007 Regular Meeting
BACKGROUND ENFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY C/TY MANAGER. () NOT APPROVED
ClW ATTORNEY APPROVAL REQUIRED: ()YES NO
CITY ATTORNEY REVlE W REQUIRED: ()YES ~QNO
APPROVAL BY ClTY ATTORNEY ()APPROVED (,I NOTAPPROVED
PLACEDONAGENDAFOR: Oq Od 2007
REMARKS:
PETITION NUMBER(S):
RZ07-010
PROJECT NAME
First Milton Bank
PROPERTY INFORMATION
ADDRESS 13941, 13943, 13945 N. Highway 9
DISTRICT, LAND LOT 2/2, 831
OVERLAY DISTRICT State Route 9 Overlay
EXISTING ZONING AG-1 (Agricultural)
PROPOSED ZONING O-I (Office Institutional)
ACRES 5.271
EXISTING USE Two (2) single family residences and out buildings
PROPOSED USE Three (3) office buildings with a bank
OWNER Milton Organizers LLC
ADDRESS 13941, 13943, 13945 N. Highway 9
PETITIONER/REPRESENTATIVE Milton Organizers LLC
ADDRESS 13920 North Cumming Highway, Suite 140
Milton, GA 30004
PHONE 706-429-7714
INTENT
To rezone from AG-1 (Agricultural) to O-I (Office Institutional) for three (3) office
buildings with a bank in one (1) 14,104 square-foot two-story building and two (2)
7,000 square-foot single-story buildings for a total of 28,104 square feet at a total
density of 5,332 square feet per acre.
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
APPROVAL CONDITIONAL – RZ07-010
PLANNING COMMISSION RECOMMENDATION - AUGUST 28, 2007
APPROVAL CONDITIONAL – RZ07-010 (6-0)
Prepared by the Community Development Department for the
Milton City Council Meeting on September 20, 2007
8/30/2007 Page 1 of 19
RZ07-010
LOCATION MAP
Prepared by the Community Development Department for the
Milton City Council Meeting on September 20, 2007
8/30/2007 Page 2 of 19
RZ07-010
CURRENT ZONING MAP
Prepared by the Community Development Department for the
Milton City Council Meeting on September 20, 2007
8/30/2007 Page 3 of 19
RZ07-010
SITE PLAN – July 3, 2007
Prepared by the Community Development Department for the
Milton City Council Meeting on September 20, 2007
8/30/2007 Page 4 of 19
RZ07-010
Existing house along State Route 9
View from State Route 9
Prepared by the Community Development Department for the
Milton City Council Meeting on September 20, 2007
8/30/2007 Page 5 of 19
RZ07-010
SUBJECT SITE:
The subject 5.27 acre site is zoned AG-1 (Agricultural) with two (2) existing single
family residences and accompanying out buildings. The site is located on the
east side of State Route 9, north of the State Route 9 and Bethany Bend
intersection. The site is located within the Neighborhood Living-Working Land
Use designation on the Focus Fulton 2025 Future Land Use Map.
Standards of Review
(Article 28.4.1) Planning Staff shall, with respect to each zoning application,
investigate and make a recommendation with respect to factors A. through G.,
below, as well as any other factors it may find relevant.
A. Whether or not the proposal will permit a use that is suitable in view of the
use and development of adjacent and nearby Property?
Staff is of the opinion that the proposed office use is suitable in view of the
use and development of adjacent and nearby property.
B. Whether or not the proposal will adversely affect the existing use or
usability of adjacent or nearby property?
In Staff’s opinion, the proposed bank and general offices will not
adversely affect the existing use or usability of adjacent or nearby
properties if developed with the Recommended Conditions.
C. Whether the property to be affected by the proposal has a reasonable
economic use as currently zoned?
The subject site appears to have a reasonable use as currently zoned with
the two (2) existing single family residences and out buildings within the
AG-1 (Agricultural) district.
D. Whether the proposal will result in a use which will or could cause an
excessive or burdensome use of existing streets, transportation facilities,
utilities or schools?
It is Staff’s opinion that the proposed use may cause increased burden on
the streets and transportation facilities and utilities but should be mitigated
with the attached conditions.
E. Whether the proposal is in conformity with the policies and intent of the
land use plan?
Prepared by the Community Development Department for the
Milton City Council Meeting on September 20, 2007
8/30/2007 Page 6 of 19
RZ07-010
The applicant’s request for general office and a bank is partially
consistent with the Future Land Use Map. The subject property is located
along State Route 9 north of Bethany Bend, which the Comprehensive
Plan discusses as being appropriate for Neighborhood Living-Working.
While the Plan calls for a mix of commercial, office and residential uses,
the proposal for the site is not of a mixed nature. It is the opinion of the
Staff that the proposed use and its proximity to residences lends to the
desired living working composition of the area and complies with the
policies of the Comprehensive Plan.
Focus Fulton 2025 Land Use Plan Map: Neighborhood Living-Working
Proposed use/density:
General Office / 5,332 square feet per acre
The Focus Fulton 2025 Land Use Plan Map suggests Neighborhood Living-
Working on the surrounding properties to the subject site.
The Milton City Council adopted the Focus Fulton 2025 Comprehensive
Plan as the City’s Comprehensive Plan on November 21, 2006. The
proposed development is consistent with the following Plan Policies:
• Live Work land uses should have a compatible mix of office,
commercial, services, institutional, civic and residential uses. To
the extent possible, these uses should be integrated both
vertically and horizontally.
• The uses within the live work areas should be in proximity to each
other in order to encourage walking and to increase mobility.
F. Whether there are other existing or changed conditions affecting the use
and development of the property which gives supporting grounds for
either approval or disapproval of the proposal?
Existing zonings of commercial and office in the area and adopted land
use policies support this request for Office Institutional to develop a bank
with general office.
G. Whether the zoning proposal will permit a use which can be considered
environmentally adverse to the natural resources, environment and
citizens of the City of Milton?
Staff notes that the proposed rezoning will have a minimal impact on the
environment and natural resources.
Prepared by the Community Development Department for the
Milton City Council Meeting on September 20, 2007
8/30/2007 Page 7 of 19
RZ07-010
Existing uses and zoning of nearby property (See Map following table)
Location Parcel / Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor Area
Northwest 1
(C-1)
C-1 (Community Business)
Daycare Center
N/A
Further
North
2
(C-2)
C-2 (Community Business)
Landscaping Business
N/A
North 3
(M-1)
M-1 (Light Industrial)
Air Conditioning Business
N/A
East 4
(AG-)
AG-1 (Agricultural)
Bellemeade Farms Subdivision
1 unit/acre
(Est. 3,000 sq.ft.)
South 5
(C-1)
C-1 (Community Business)
Undeveloped
N/A
Further
Southwest
6
(C-1)
C-1 (Community Business)
Bethany Village Center
N/A
Southwest 7
(C-1)
C-1 (Community Business)
Bethany Day Center
N/A
West 8
(C-1)
C-1 (Community Business)
Commercial Strip Center
N/A
West 9
(C-1)
C-1 (Community Business)
Undeveloped
N/A
North 10
(AG-1)
AG-1 (Agricultural)
Undeveloped
N/A
Prepared by the Community Development Department for the
Milton City Council Meeting on September 20, 2007
8/30/2007 Page 8 of 19
RZ07-010
EXISTING USES AND ZONING MAP
Prepared by the Community Development Department for the
Milton City Council Meeting on September 20, 2007
8/30/2007 Page 9 of 19
RZ07-010
H. Suitability of the subject property under the existing zoning district for the
proposed use?
The proposed use cannot be developed under the AG-1 (Agricultural)
district. The applicant is requesting office uses that are not permitted
under AG-1.
I. Suitability of the subject property under the proposed zoning district for the
proposed use?
The proposed use is suitable for the proposed zoning district of O-I (Office
Institutional). This zoning district allows for both the office and bank as
proposed.
J. The possible creation of an isolated zoning district unrelated to adjacent
and nearby districts.
The proposed rezoning to O-I (Office Institutional) would not create an
isolated district. There is currently C-1 (Community Business) in the
immediate vicinity of the proposed rezoning and the site is located along
the commercialized State Route 9 corridor.
K. Possible effects of the change of the zoning or change in use on the
character of a zoning district or overlay district?
Staff notes that the proposed change of zoning will not have a negative
impact on the character of the State Route 9 Overlay District.
L. Whether the proposed zoning will be a deterrent to the value or
improvement of development of adjacent property in accordance with
existing regulations?
Staff is of the opinion that the change in the zoning may not be a
deterrent to the value of adjacent properties developed or anticipated to
be developed under existing regulations.
M. The possible impact on the environment, including but not limited to,
drainage, soil erosion and sedimentation, flooding, air quality and water
quality?
Staff notes that the proposed rezoning may have an impact on the
environment because of the increased amount of impervious surface
over the site’s previous use as two (2) single family residences.
Prepared by the Community Development Department for the
Milton City Council Meeting on September 20, 2007
8/30/2007 Page 10 of 19
RZ07-010
N. The relation that the proposed zoning bears on the purpose of the overall
Land Use Plan with due consideration given to whether or not the
proposed change will carry out the purposes of this Land Use Plan.
The proposed rezoning as submitted is consistent with the overall Focus
Fulton 2025 Comprehensive Land Use Plan for the area because the
proposed land use does partially match the recommended
Neighborhood Living-Working designation.
O. The consideration of the preservation of the integrity of residential
neighborhoods shall be considered to carry great weight. In those
instances in which property fronts on a major thoroughfare and also
adjoins an established residential neighborhood, the factor of preservation
of the residential area shall be considered to carry great weight.
The proposed development has provided the necessary buffers to help
preserve the residential integrity of the Bellemeade Subdivision located to
the east and northeast.
P. The amount of undeveloped or zoned land in the general area affected
which has the same zoning or future land use classification as the
proposed rezoning.
There are currently multiple existing approved zonings of C-1 (Community
Business) and land use classifications surrounding the subject site that are
similar to the proposed rezoning.
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on July 3, 2007, Staff offers the following considerations:
BUILDING SETBACKS
Pursuant to Article 8.1.3., O-I (Office Institutional) the following building setbacks
are required:
Front – 40 feet along State Route 9
Rear – 25 feet along the east property line
Side – 20 feet along the north and south property lines
The site plan indicates conformance with the above specified building setbacks.
Prepared by the Community Development Department for the
Milton City Council Meeting on September 20, 2007
8/30/2007 Page 11 of 19
RZ07-010
BUILDING HEIGHT
The applicant has illustrated one building at two (2) stories in height, with the
other two (2) buildings being single story structures. It does not specify the exact
height but Staff notes that the O-I (Office Institutional) allows buildings to be a
maximum of 60 feet or 4 stories, whichever is higher. It appears that the
proposed buildings will be in conformance with the district standards for height.
PARKING REQUIREMENTS
The following chart illustrates the parking required by Article 18 of the City of
Milton Zoning Ordinance for the proposed uses:
Proposed Use Minimum Requirement Spaces Provided
• General Office • 3 spaces per 1,000 sq. ft. of • 71 spaces provided
(21,052 sq. ft.) building area (63 spaces)
• Financial Institutions • 5 spaces per 1,000 sq. ft. of • 44 spaces provided
(7,052 sq. ft.) building area (35 spaces)
Total 98 spaces required 115 spaces provided
Staff notes that the applicant is providing one-hundred fifteen (115) parking
spaces, which meets the required ninety-eight (98) parking spaces required per
Article 18 of the City of Milton Zoning Ordinance. The site plan is partially
compliant with the landscape and layout requirements of Article 12G.4. Section
F. It is required that the applicant provide a landscaped island after five (5)
continuous parking spaces. Staff notes that the applicant appears to have
enough room to make the appropriate changes and still meet the minimum
parking requirement per Article 18 of the City of Milton Zoning Ordinance.
State Route 9 Overlay District
LANDSCAPE STRIPS AND BUFFERS
Article 12G.4 Section A1 of the State Route 9 Overlay District requires a twenty
(20) foot-wide landscape strip adjacent to State Route 9. Article 12G.4 Section
A.3 further states that for every thirty (30) linear feet of landscape strip, a
minimum of one 3” caliper hardwood shade tree is required to be planted in the
center of the landscape strip or as approved by the Director. The applicant’s
site plan shows compliance with the requirement.
OTHER CONSIDERATIONS
The proposed development is in compliance with the State Route 9 Overlay
District Standards. Staff notes that prior to a Land Disturbance Permit and any
Prepared by the Community Development Department for the
Milton City Council Meeting on September 20, 2007
8/30/2007 Page 12 of 19
RZ07-010
Building Permits, the City of Milton Design Review Board will be required to
review it prior to these permits being issued.
PUBLIC INVOLVEMENT
On July 25th, 2007 the applicant was present at the Community Zoning
Information Meeting held at the Milton City Hall. There were twenty to twenty-
five (20-25) members of the community in attendance. Community members
had no comments for RZ07-010 from AG-1 (Agricultural) to O-I (Office
Institutional).
Public Comments – No Comments
City of Milton Design Review Board Meeting – August 7, 2007
The following comment was made by the DRB:
• The color of the building materials should blend in with what exists in the
surrounding area.
• Tone down color of roof.
• Add detail to elevator tower.
Public Notice Requirements
The rezoning petition was advertised in the Milton Herald on August 8th, 2007 and
the sign was installed before the required date of August 13th, 2007 along the
frontage of N. Highway 9. The notice of rezoning was sent, to adjacent property
owners on August 3rd, 2007.
Public Participation Plan and Report
The applicant has met the requirements of the Public Participation Plan. The
applicant will be required to submit the public participation report 7 days prior
to the Mayor and City Council meeting.
CONCLUSION
The proposed commercial O-I (Office Institutional) development is consistent
with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use
Plan and consistent with recent Board Policy; therefore, Staff recommends that
this request to O-I (Office Institutional) be APPROVED CONDITIONAL. A set of
Recommended Conditions are included if the Mayor and City Council chooses
to approve the proposed development as submitted.
Prepared by the Community Development Department for the
Milton City Council Meeting on September 20, 2007
8/30/2007 Page 13 of 19
RZ07-010
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be
APPROVED O-I (Office Institutional) CONDITIONAL subject to the owner’s
agreement to the following enumerated conditions. Where these conditions
conflict with the stipulations and offerings contained in the Letter of Intent, these
conditions shall supersede unless specifically stipulated by the Mayor and City
Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Restrict the use of the subject property to a bank and general office
at a maximum density of 5,332 square feet per acre zoned or a
total gross floor area of 28,104 square feet, whichever is less.
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Community Development
Department on July 3, 2007. Said site plan is conceptual only and
must meet or exceed the requirements of the Zoning Ordinance, all
other applicable city ordinances and these conditions prior to the
approval of a Land Disturbance Permit. In the event the
Recommended Conditions of Zoning cause the approved site plan
to be substantially different, the applicant shall be required to
complete the concept review procedure prior to application for a
Land Disturbance Permit. Unless otherwise noted herein,
compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy.
3) To the owner’s agreement to the following site development considerations:
a) Restrict the subject property to a total of three (3) buildings.
b) To meet and not exceed parking requirements, when calculated
using Article 18 Shared Parking; to utilize pervious materials for
overflow and perimeter parking spaces or as approved by the
Transportation Engineer.
4) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a) Reserve Right of Way to the City of Milton the necessary property
frontage of the following roadways, prior to the approval of a Land
Disturbance Permit, sufficient land as necessary to provide for
Prepared by the Community Development Department for the
Milton City Council Meeting on September 20, 2007
8/30/2007 Page 14 of 19
RZ07-010
compliance with the Transportation Master Plan and the adjacent
developments, according to the definitions in the newly established
Right of Way Ordinance.
b) Dedicate at no cost to the City of Milton prior to the approval of a
Land Disturbance Permit or Certificate of Occupancy (whichever
comes first), sufficient land as necessary to provide the following
rights-of-way, and dedicate at no cost to the City of Milton such
additional right-of-way and construction as may be required to:
i. Provide 55 feet of right-of-way from the centerline of
Cumming Highway (SR9)
ii. Bike Lane provided for limits of overlay as approved by the
Transportation Engineer for Milton and GDOT
iii. Overlay and striping of full width of Cumming Highway (SR9)
the length of property lines plus any additional taper lengths
necessary or as approved by the Transportation Engineer for
Milton and GDOT.
iv. Provide adequate right-of-way dedication for addition of the
following or as approved by the Transportation Engineer for
Milton and GDOT:
a. Symmetrical SB Left Turn Lane and tapers as necessary
on Cumming Highway (SR9) into site
b. Contiguous Right Turn Lane connection to right turn
lane to the north or as approved by Transportation
Engineer
c) Trails are required to be installed, fencing installed, trail easements
recorded, and an agreement signed for participation in the Adopt
A Trail program and shared use by the public of parking lot for trail
users. Interparcel trail access easements from site frontage to the
headwaters of Big Creek shall be recorded. Access points and trail
locations shall be along Cumming Hwy (SR9) as approved by the
Transportation Engineer for Milton and GDOT.
d) Driveway entrances shall meet the Community Service Policies and
AASHTO guidelines, or roads be reconstructed to meet such criteria,
at the approval of the Transportation Engineer for Milton and GDOT.
Driveway entrances shall provide for the 95% queue with
uninterrupted traffic flow onto the main line and/or a minimum
throat length of two hundred feet. Interparcel connections are
required to both the north and southern properties. Interparcel
southern connection from bank to O&I parking areas.
5) To the owner’s agreement to abide by the following:
Prepared by the Community Development Department for the
Milton City Council Meeting on September 20, 2007
8/30/2007 Page 15 of 19
RZ07-010
a) The developer’s Professional Engineer shall demonstrate to the City
by engineering analysis submitted with the LDP application, that the
discharge rate and velocity of the storm water runoff resulting from
the development is restricted to seventy-five percent (75%) of the
pre-development conditions. Locations shall be as approved by
the Stormwater Engineer.
b) Stormwater detention facility shall utilize vegetative measures for
water quality. Individual Land Disturbance Permits/building permits
are strongly encouraged to utilize GASWCC limited application
controls such as infiltration trenches, porous surfaces, rain gardens,
etc.
c) The site shall be limited to 75% impervious at maximum build-out.
d) The site shall have underground detention if an earthen detention
pond is not feasible (ie no concrete walled above ground “ponds”).
Prepared by the Community Development Department for the
Milton City Council Meeting on September 20, 2007
8/30/2007 Page 16 of 19
RZ07-010
APPENDIX A
Comments on Public Services and Utilities
Note: Various City and/or County departments that may or may not be affected by the
proposed development provide the following information. Comments herein are based on the
applicant’s conceptual site plan and are intended as general non-binding information and in
no manner suggest a final finding by the commenter. All projects, if approved are required to
complete the City of Milton Plan Review process prior to the commencement of any
construction activity.
Transportation:
Road Names: Cumming Hwy (SR9)
Classification: Arterial, urban 2 lane typical sections now. Long Range Plan calls for two lane
median divided highway.
Speed Limits: Cumming Hwy (SR9) 45mph
Anticipated Traffic Generation Rates: Not yet provided
Intersection Analysis by Applicant: Not yet provided by applicant. Staff reserves the right to
update all information to this application upon receipt of
Traffic Impact Study.
• Site driveway sight distance field measurements not included by the applicant.
• The proposed mitigation conditions of zoning are in accordance with the Right of Way
Ordinance Section 3.2.d.
• Staff notes that this project is within Atlanta Regional Commission’s (ARC) GA400 Mega
Corridor which promotes multi-story, high density projects to promote development that
reduces or does not add to commuter congestion on GA400. That means that large job
centers are highly encouraged by ARC along Cumming Hwy (SR9) and the surrounding
area. Staff notes that the number of jobs created by this development is not included in
the application but is likely not more than forty people depending upon O&I space use.
This likely does not meet the intent of the Mega Corridor land usage suggestions of ARC.
Fulton County Health Department:
Comments:
• The Fulton County Health Department recommends that the applicant be required to
connect the proposed development to public water and public sanitary sewer available
to the site.
• Since the proposed development constitutes a premise where people work, live, or
congregate, onsite sanitary facilities will be mandatory, prior to use or occupancy.
• This facility must comply with the Fulton County Clean Indoor Air Ordinance.
• This department is requiring that plans indicating the number and location of outside
refuse containers along with typical details of the pad and approach area for the refuse
containers be submitted for review and approval.
• This department is requiring that all existing structures to be demolished must be
inspected by a certified pest control operation to insure that the premise is rat free. If
evidence of rodent infestation is found, the property must be baited prior to demolition.
• If this proposed development includes an existing individual onsite sewage management
system(s), and the system(s) will be abandoned, it shall be abandoned in accordance
with Fulton County regulations.
• If this proposed development includes an existing individual onsite water supply
system(s), and the system(s) will be abandoned, it shall be abandoned in accordance
with Fulton County regulation.
Prepared by the Community Development Department for the
Milton City Council Meeting on September 20, 2007
8/30/2007 Page 17 of 19
RZ07-010
Fulton County Schools
Comments:
• Staff notes that the proposed rezoning will have no impact on the surrounding school
system.
Fulton County Tax Assessor:
Property Tax ID #: 22-5240-0881-009-8
22-5240-0831-037-0
22-5240-0831-053-7
22-5240-0881-013-0
Water and Wastewater (Sewer):
Water: Fulton County Public Works Department
Anticipated Water Demand: No data available at printing
This parcel is not on public sewer
Comments:
• This information does not guarantee that adequate water volume and pressure are
available at this time or will be adequate upon application of permits. Please contact
the Fulton County Department of Public Works for more information.
• This information does not guarantee that adequate sewer capacity is available at this
time or will be available upon application of permits. Please contact the Fulton County
Department of Public Works for more information.
Stormwater:
Disturbed Area: Not listed on application
Impervious Area: Not listed on application; letter of intent states 30% impervious for the design
• Site layout during LDP plan review will look for stream buffers that extend onsite. If such
stream determination by the City Arborist and Stormwater Engineer is made to the
northern property line, then the site plan will need much adjustment.
Flood Panel Number: Not listed on application
Flood Zone: Not listed on application
Structures in the flood plain: None according to proposed site plan and City GIS
Hydrology:
Percent Site Impervious: 30%
Type of Detention Proposed: Dry concrete wall detention pond is alluded to by map. City
Stormwater Manual and policies will require this level of urban
design to be underground if a dry earthen detention facility will
not fit on the footprint. This application is unclear in this regard.
• Also, it is not ideal to have the septic field located adjacent to the Stormwater facility
(underground or aboveground) due to leaching which enters the stream watersheds or
to be located at the low point of the site for infiltration. This is not acceptable. Staff
suggests that this site plan layout needs revising.
Prepared by the Community Development Department for the
Milton City Council Meeting on September 20, 2007
8/30/2007 Page 18 of 19
RZ07-010
• A concept Stormwater meeting with the Stormwater Engineer is required. The design and
layout shown with the rezoning site plan may or may not meet all minimums required by
the City and GASWMM state rules. Detailed design shall be shown on the LDP plans, after
said concept meeting. Staff notes that the submitted site plan needs revising for
Stormwater concept design. One item for consideration with this Stormwater layout to
the zoning process is the potential to divide the 7000SF building into two buildings. That
idea will be dependent upon revised site plan alternatives.
Comments:
• A concept Stormwater meeting with the Stormwater Engineer is required. The design and
layout shown with the rezoning site plan may or may not meet all minimums required by
the City and GASWMM state rules. Detailed design shall be shown on the LDP plans, after
said concept meeting. Staff notes that the submitted site plan shows likely inadequate
detention area locations.
City of Milton Fire Marshal:
Comments:
• No comment
Public Safety Department:
Comments:
• The proposal will have a minimal impact on police services.
Prepared by the Community Development Department for the
Milton City Council Meeting on September 20, 2007
8/30/2007 Page 19 of 19
RZ07-010
CfNCOUNCIL AGENDA ITEM
TO: City Council DATE: August 24,2007
FROM: Acting City Manager
AGENDA ITEM: ZM07-003NC07-009-to modify Condition 2.a., to revise the approved
site plan, dated January 3 1,2006 (ZM06-007) to add a swimming pool and
small cabana with restrooms. To request a concurrent variance to reduce
the 100-foot setback to 15 feet from any residential building, adjoining
property line or street. (Article 19.3.12.B.3).
MEETING DATE: Thursday, September 6,2007Regular Meeting
BACKGROUND INFORMA TION: (Attach add~tionalpages if necessaw
See attached memorandum
APPROVAL BY CITY MANAGER: (1 NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: YES $NO
CITY ATTORNEY REVIEW REQUIRED: (J YES @ NO
APPROVAL BY CITY ATTORNEY ()APPROVED (I NOTAPPROVED
PLACED ON AGENDA FOR: 0 q 0 I, 7
REMARKS:
PETITION NUMBER(S):
ZM07-003
VC07-009
PROPERTY INFORMATION
ADDRESS Northwest Corner of Webb and Morris Roads
DISTRICT, LAND LOT 2/2 1044, 1045, 1046
OVERLAY DISTRICT State Route 9
EXISTING ZONING MIX (Mixed Use) Z05-022 and ZM06-007
EXISTING USE Deerfield Green/Mixed use development under construction
PETITIONER Bowen Family Homes/Corbitt Woods
ADDRESS 6650 Sugarloaf Parkway, Suite 200, Duluth, GA 30096
PHONE 678-325-4500
APPLICANT’S REQUEST:
To modify Condition 2.a. to revise the approved site plan, dated January 31, 2006
(ZM06-007) to add a swimming pool and small cabana with restrooms and to request a
concurrent variance to reduce the 100-foot setback to 15 feet from residential
buildings, adjoining property lines and streets (Article 19.3.12.B.3).
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
ZM07-003 – APPROVAL W/ CONDITIONS
VC07-009 – APPROVAL W/CONDITIONS
Prepared by the Community Development Department for the
Mayor and City Council Meeting on September 20, 2007
(X:Boards of Commissions/modifications/ZM07-003)
8/30/2007 Page 1 of 6
ZM07-003/VC07-009
Condition to be Modified:
(ZM06-007)
2. To the owner’s agreement to abide by the following:
a. To the revised site plan received by the Department of
Environment and Community Development on January 31,
2006 (ZM06-007) July 2, 2007. Said site plan is not conceptual;
the developer must strictly adhere to the site plan as
submitted. Any changes to the site plan must be approved
by the Director of Environment and Community Development
and must meet or exceed the requirements of the Zoning
Resolution Ordinance and these conditions. Unless otherwise
noted herein, compliance with all conditions shall be in place
prior to the issuance of the first Certificate of Occupancy
3. To the owners’ agreement to the following site development
considerations:
s. Provide a 15-foot setback for the swimming pool from any
residential building, adjoining property line or street. (VC07-
009)
Analysis and Recommendation:
The subject site is currently under construction and has been approved for 256
town homes and 56,400 square feet retail/office zoned MIX (Mixed Use) pursuant
to Z05-22 and ZM06-007. The applicant is requesting to modify Condition 2.a. to
revise the site plan that was previously modified pursuant to ZM06-007 to allow
the addition of a community pool and cabana with restrooms within the
development.
The applicant states in the letter of intent that with this addition of a swimming
pool and small cabana with restrooms, that the 26.6 percent of open space
required (Condition 3.m.) for this project will still be met.
Staff notes that a request to provide a neighborhood swimming pool and
cabana is typical in this size residential development and it appears that this
change to the site plan will not have an adverse effect on any of the
surrounding uses in the area. Therefore, Staff recommends APPROVAL
CONDITIONAL of ZM07-003 to the request to modify Condition 2.a. to modify the
site plan to allow a neighborhood swimming pool and cabana.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on September 20, 2007
(X:Boards of Commissions/modifications/ZM07-003)
8/30/2007 Page 2 of 6
ZM07-003/VC07-009
Concurrently, the applicant has requested a variance to reduce the 100-foot
setback to 15 feet for pools from any residential building, adjoining property line
or street. This is a standard of the administrative use permit for a multi-family
swimming pool (Article 19.3.12.B.3).
The overall development is conditioned to provide a minimum of 26.6 percent of
open space. This condition, along with the existing stream and 75-foot
undisturbed buffer that bi-sects the property, prohibits the applicant from
meeting the requisite 100-foot setback from residential buildings, adjoining
property lines and streets (either private or public). Furthermore the proposed
pool is not visible from outside the development, or from any existing public
street. Therefore, staff recommends APPROVAL CONDITIONAL of VC07-009.
CONCLUSION:
Should the Mayor and City of Council approve this petition, the Recommended
Conditions (Z05-022, ZM06-007) should be revised to read as follows:
2. To the owner’s agreement to abide by the following:
a. To the revised site plan received by the Department of
Environment and Community Development on July 2, 2007
2006 (ZM07-003). Said site plan is not conceptual; the
developer must strictly adhere to the site plan as submitted.
Any changes to the site plan must be approved by the
Director of Community Development and must meet or
exceed the requirements of the Zoning Ordinance and these
conditions. Unless otherwise noted herein, compliance with all
conditions shall be in place prior to the issuance of the first
Certificate of Occupancy.
3. To the owners’ agreement to the following site development
considerations:
s. Provide a 15-foot setback for the swimming pool from any
residential building, adjoining property line or street. (VC07-
009)
Prepared by the Community Development Department for the
Mayor and City Council Meeting on September 20, 2007
(X:Boards of Commissions/modifications/ZM07-003)
8/30/2007 Page 3 of 6
ZM07-003/VC07-009
Prepared by the Community Development Department for the
Mayor and City Council Meeting on September 20, 2007
(X:Boards of Commissions/modifications/ZM07-003)
8/30/2007 Page 4 of 6
ZM07-003/VC07-009
REVISED SITE PLAN
Prepared by the Community Development Department for the
Mayor and City Council Meeting on September 20, 2007
(X:Boards of Commissions/modifications/ZM07-003)
8/30/2007 Page 5 of 6
ZM07-003/VC07-009
PROPOSED CABANA
Prepared by the Community Development Department for the
Mayor and City Council Meeting on September 20, 2007
(X:Boards of Commissions/modifications/ZM07-003)
8/30/2007 Page 6 of 6
ZM07-003/VC07-009
A
/U City of Milton
<J,13000 Meld Parkway*Suite 107.Milton. Georgia30004
ClTY COUNCIL AGENDA ITEM
TO: City Council PATE: August 24,2007
FROM: Acting City Manager
AGENDA ITEM: Approval of 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 several items of revenue anticipations,
pmhi biting expenditures to exceed appropriations, and prohi biting
expenditures to exceed actual funding available.
MEETING DATE: Thursday, September 6,2007Regular Meeting
BACKGROUND JNFORMATION: (Attach additfonalpages ~fnecessary)
See attached memorandum
APPROVAL BY CITY MANAGER. APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: fl YES )$NO
CITY ATTORNEY REVIEW REQUIRED: ()YES $(NO
APPROVAL BY CITY ATTORNEY 1)APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: Q q 0 I, 2 aa 7
REMARKS:
STATE OF GEORGIA ORDINANCE NO. 07-
COUNTY OF FULTON
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 _______________________
&'& r -/
I
City of Milton
r.\
City of Milton, Georgia
Fiscal Year 2007
Summary of Departmental Budget Adjustment # 2
Fiscal Year 2007 Budget Adjustment #2
The goal of this second fiscal year 2007
budget adjustment is to revise departmental
budgets and interfund transfers based upon
activity-to-date. The intent of the
adjustment is to cover unforeseen and/or
anticipated expenditures as we approach the
end of the fiscal year.
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.
The financial statement to the right
represents the recommended adjustments to
the general fund budget as follows:
Revenue Increases:
1. AlcohoI Beverage Excise Tax -
$13,255
2. Intangible Tax -$25,843
3. Interest Earnings -$3,402
All of the increases in revenue represent
actual collection to date.
Expenditure IncreasesJ Decreases:
1. Decrease in stipend accounts -
($4,000)
2. Legal Services -$60,000
3. Public Safety Admin -($36,000)to be
transferred to the Capital Project
Fund for purchase of fire vehicle
Changes in Interfund Transfers:
1. Increase in Transfer to Capita1 Project
Fund -$36,000
2. Add Transfer to Operating Grants
Fund -$4,000 (stipend)
3. Decrease in Transfer to Capital
Grants Fund due to partial non-
award of grant resulting in a decrease
in match needed -$17,500
New General Fund Revenue and
Expenditure Budget is $13,18 1,837.
General Fmmd
Statement of Revenues and Ekpenditares
REVISED
BUDGET
FY 2007
Beginning Fund Balance:
Revenues:
Property Taxes
L.O.S.T.
Alcohol Beverage Tax
Business & Occupation Tax
FinanciaI Institution Tax
Intangible Tax
Motor Vehcle Tax
Red Estate Transfer Tax
Licenses C% Pemts
Intergovernmental
Charges for Swvice -Franchise Fees
Charges for Service -Other
Fines & Forfeitures
Contributions & Donations
Interest
Other Revenues
Subtotal:
Other Financ~ngSources:
Hotel /Motel Tax 25,497
Subtotal Other F~nancingSources:
Total Revenue:
Expenditures:
Mayor and Council
City Manager
City Clerk
Commmly Development
Community Services -Public Works
Community Se~ces-Rec & Parks
Legal Services
Municipal Court
Operations -Finance
Operations -HR
Operations -IT
Program Manager
Public information
Public Safety
Non-Departmental
Contribution to Operating Reserves 244,894
Subtotal:
1 other Financing Uses:
Capital Lease Payment
TAN Interest
I/ F Transfer to Capital Project Fund 386,000
I/F Transfer to Capitat Grant FUnd 4,394
I/F Transfer to Operating Grant Fund 4,000
Subtotal Other Financing Uses: 544,394
Total Expenditures
Fund Balance,September 30
2
I
Capital project funds are used to track
revenue and expenditure associated with
capital construction, acquisition and
maintenance. Appropriations in capital
project funds are on a project-length basis
and do not expire until the project is
complete.
The financial statement to the right
represents the recommended adjustments
to the capital project fund budget as
follows:
Expenditure Increases/Decreases:
4. Capital Outlay -$36,000 for
purchase of fire pick-up truck
Changes in Interfund Transfers:
4. Increase in Transfer in from
General Fund -$36,000
New Capital Project Fund Revenue and
Expenditure Budget is $3,776,657.
Fiscd Year 2007 Budget Adjustment #2
Beginning Fund Balance:
Charges for Senices
Other Financing Sources:
I/F Transfer from General Fund
Capital Lease Proceeds
Total Other Financing Sources:
Total Revenue:
Contingency for hojects
Total Expenditures:
Fiscal Year 2007 Budget Adjustment #2
The Operating Grant Fund is used to
track revenue and expenditure
associated with grants used for
maintenance and operating activities.
Appropriations in the operating grant
fund are on a project-length basis and
do not expire until the project is
complete. Beginning Fund Balance:
The financial statement to the right
represents the recommended
adjustments to the Operating grant Intergovernmental -Crabapple Update
fund budget as follows: Contributions & Donations
Expendstwe Increases /Decreases:
1. Increase in Crabapple update Other Financing Sources:
using stipend transfer -$4,000 F JF Transfer from General Fund
Subtotal Other Financing Sources:
Changes in Interfund Transfers: Total Revenue:
1. Addition of an interfund transfer
from the General Fund -$4,000
CrabappIe Update
New Operating Grant Fund Revenue Total Expend~tuses:
and Expenditure Budget is $19,000.
Fiscal Year 2007 Budget Adjustment #2
The Capital Grant Fund is used to
track revenue and expenditure
associated with grants used for capital
construction, acquisition and
maintenance. Appropriations in the
capital grant fund are on a project-
length basis and da not expire until the
project is complete.
The financial statement to the right
represents the recommended
adjustments to the capital grant fund
budget as follows:
Revenue Increases/Decreases:
I. Decrease in transportation
grant -($500,000)
2. Decrease in Fireman's Fund
grant match actual award -
$78,864)
3. Decrease in Assistance to
Firefighter" Gmt based on
partial non-award -($35 0,000)
Expenditure Increases/Decreases:
1. Expenditure decrease of the
same amount as above in the
revenue section -($928,864)
Changes in lnterfund Transfers:
Capital Grant Fund
Statement of Revenues and Expenditures
REVISED
BUDGET
FY 2007
Beginning Fund Balance: $
Revenues:
Intergovernmental 198,498
Contributions & Donations 10,000
Subtotal: $ 208,498
Other hancing Sources:
I/F Transfer from General Fund $ 4,394
Subtotal Other Financing Sources: $ 4,394
Total Revenue: $ 212,892
Expenditures:
Capital Outlay $ 212,892
Contingency for Projects
Total Expenditures: $ 212,892
Fund Balance, September 30 $ -
1. Decrease in Transfer from General Fund due to partial non-award of grant resulting in a decrease
in match needed -($17,500)
New Capital Grant Fund Revenue and Expenditure Budget f $212,892.
I
Fiscal Year 2007 Budget Adjustment #2
Capital Operating Capital Hotel/Motel Total
Gend Fund Projects Fund Grants Fund Grants Fund Fund Government
Revenues:
hoperty Taxes
L 0.S.T
Alcohol Beverage Excise Tax
Buslness 86 Occupation Tax
Financial Institution Tax
Hotel/Motel Tax
Intangibk Tax
Motor Vehicle Tax
Real Estate Transfer Tax
Licenses & Perrmts
Intergmrnmenta!
Charges for Serwice -Franchise Fees
Charges for Service -Other
F~nes& Forfeitures
Contnbutions 86 Donations
Miscellaneous
Interest 78,000 -$ 78,000
Subtotal: $ 13,156,340 $ 250,000 S 15,000 $ 208,498 S 25,497 S 13,655,335
Other F~nanclngSources:
lnterfund Transfer In -General Fund
Interfund Transfer In -Hotel/Motel Fund
Cap~talLease Proceeds 3,140,657 3,140,657
Total 0ther F~nanmngSources: $ 25,497 $ 3,526,653 $ 4,000 3 4,394 $ -$ 3,560,548
Total Revenues: $ 13,181,837 S 3,776,657 $ 19,OOa S 212,892 $ 25,497 $ 17,215,883
Expenditures:
Mayor and Council
City Manager
Clty Clerk
Community Development
Community Services
Legal Services
Municipal Court
Operations
Public Information
Public Safety
Non-Depamnental
Interfund Transfer Out -General Fund $ -$ -$ -S -$ 25,497 $ 25,497
lnterfund Transfer Out -Capltal Project Fund 386,000 -$ 386,000
Interfund Transfer Out -Capital Grants Fund 4,394 -S 4,394
Interfund Transfer Out -Operating Grants Fund 4,000 -$ 4,000
Lease Payment
Tax Anticipation Note Interest
Bond Principal -FireBond Principal -Fire StationStatlon DebtDebt -$
Total OtherTotal Other FinancineF~nancingUses:Uses: $ 544,394 $ -$ -$ -$ 25,497 $ 569,891
TotalTotal Ex enditures. $ 13,181,837 S 3,776,657 $ 19,000 $ 212,892 $ 25,497 $ 17,215,883Ex~enditures:p
CITY COUNCIL AGENDA ITEM
f 0: City Council DATE: August 24,2007
FROM: Acting City Manager
AGENDA ITEM: Approval of an Ordinance of the Mayor and Council to reaff~mthe
Emergency 9 1 1 Charge on Milton phone bills.
MEETING PATE: Thursday, September 6,2007Regutar Meeting
BACKGROUND INFORMA TION: (Attach additional pages ,f necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: I) NOTAPPROVED
CITY ATTORNEY APPROVAL REQUIRED: ()YES MNO
CITY ATTORNEY REVIEW REQUIRED: I)YES
APPROVAL BY CITY ATTORNEY ()APPROVED (1 NOTAPPROVED
_________________________ ________________________
_________________________ ________________________
_________________________ ________________________
_______________________________
STATE OF GEORGIA ORDINANCE NO. 07
COUNTY OF FULTON
AN ORDINANCE OF THE MAYOR AND COUNCIL TO REAFFIRM THE
EMERGENCY 911 CHARGE ON MILTON PHONE BILLS.
WHEREAS, the Mayor and Council of the City of Milton in Fiscal Year 2007 enacted a
resolution establishing an Emergency Telephone System Fund; and
WHEREAS, O.C.G.A. § 46-5-134(d)(3) provides that a governing authority operating or
contracting for the operation of an Emergency 911 system shall reaffirm by resolution the
necessity for the 911 charge annually:
NOW, THEREFORE, the Mayor and Council of the City of Milton do hereby resolve
and reaffirm the necessity for the monthly 911 charge of $1.50 per telephone line and $1.50 per
wireless subscriber for the months of October 2007 – September 2008 imposed to establish and
maintain an Emergency 911 Fund.
ADOPTED AND APPROVED this _____ day of _______________ .
CITY OF ALPHARETTA, GEORGIA
By: ________________________
Mayor
Council Member Council Member
Council Member Council Member
Council Member Council Member
(SEAL)
Attest:
City Clerk
City of Milton
13000 Deerfield Parkway, Suite 100, Alpharetta, Georgia 30004
September 6, 2007
To the Mayor, City Council and the Citizens of Milton:
We are pleased to present the City of Milton’s Annual Budget for fiscal year 2008. The objective of the
City’s budget is to provide a management tool in which our local government can unite its budgeting
efforts to provide quality services while operating under available resources. The process results in the
updating of the City’s on-going financial plan and provides a vehicle in which management decisions can
be made as a result of the formulation of the respective data.
BUDGET PROCESS AND OVERVIEW
The fiscal year 2008 budget process began in June with distribution of historical data and forms to all the
department directors. Each department formulated budgets in three major areas; maintenance &
operating, operating initiatives, and capital project requests. Concurrent with departmental budgeting,
finance staff completed the first draft of a salary/benefits budget as well formulated initial revenue
estimates.
In late-July, each department director met with the City Manager to review the maintenance and operating
budget. The senior staff also met as a group to review and prioritize operating initiatives and capital
projects, with the goal being the development of a staff priority list to present to council for
recommendation and discussion. Departmental maintenance and operating requests and the staff priority
list was used to formulate the first draft of a balanced budget. This draft was presented to the City
Council during a workshop setting on August 9th. Subsequent to the first workshop, council members
submitted their input on operating initiatives and capital projects and the budget underwent several
additional drafts in preparation for the next workshop. The budget was again at the August 23rd council
workshop, where a list of project to be funded was finalized. This process has resulted in a balanced
budget for fiscal year 2008 as presented in this memo.
As required by Georgia law on local government budgets, citizen input will be solicited during the process
of adopting the budget through publicly advertised meetings. The legally required public hearings on the
budget will be held on September 6, 2007, with the first reading of the ordinance and the second
ordinance reading and final adoption occurring on September 20, 2007. As set forth in the City of Milton
Charter, the millage rate used in establishing the balanced budget for fiscal year 2007 is 4.731 mills.
On those same publicly advertised hearing dates, will also be the reading and adoption of an ordinance
reaffirming the City’s need to continue to collect the 911 surcharge on wired and wireless telephone
service. This ordinance is a state law requirement each year as it pertains to O.C.G.A. § 46-5-134(d)(3).
KEY BUDGET FACTORS, ISSUES, AND PRIORITIES
The foundation for the fiscal year 2008 budget is based on four key financial factors.
• Sustainability of existing services
• Enhancement to deployment-level services through operating initiatives
• Continued contribution to operating reserves
• Maintaining the quality of life for constituents, citizens, and businesses through capital
programming
Sustainability of Existing Services and Enhancements through Operating Initiatives
The fiscal year 2008 balanced budget is based on a millage rate of 4.731 mills, which is the same millage
rate applied in fiscal year 2007. This budget provides financial resources for the City of Milton to sustain
the current levels of service and includes areas of improved service via operating initiatives.
In appropriating the resources to sustain existing services, the following are the top five revenue and
expenditure sources:
Representing 87.7% of total general fund revenue, the top five areas of general fund revenue are as
follows:
Property Tax Revenue 48.5% $8,638,507
Local Option Sales Tax 23.1% $4,123,154
Fines & Forfeitures 6.3% $1,130,559
Franchise Fees 6.2% $1,100,000
Business Occupation Tax 3.6% $ 650,000
Representing 65.1% of total general fund expenditures, the top five general fund expenditures by
department are:
Public Safety 42.2% $6,428,122
Public Works 11.5% $1,753,254
Operations – Information Technology 9.2% $1,401,641
Community Development 8.4% $1,273,886
Operations – Finance 4.9% $ 751,832
The top five expenditures by category are as follows:
Contracted Service with CH2M Hill 38.0% $6,778,021
City Position Salary Costs 30.5% $5,440,604
Funding for Capital Projects 8.7% $1,556,762
Capital Lease Payment 4.0% $ 711,822
Facility Lease Payments 3.8% $ 671,769
Salary and Benefits Detail
The salary and benefit budget is based upon approved positions and the associated benefit program
costs. A benefit enhancement of a 1% maximum match to the employee voluntary deferred
compensation program is included in the salary and benefit budget.
For fiscal year 2008, direct City costs for salaries/benefits is $5,439,560, with $4,349,778 appropriated for
salaries and $1,089,778for benefits, making benefit costs 25.1% of the total salaries/benefit budget. The
total City salary/benefits budget is 30.5%of the total operating expenditures.
The budgeted components of salaries and benefits are as follows:
Regular Salaries - $4,088,954
Overtime - $111,865
Holiday Pay - $148,863
FICA – $233,674
Pension - $135,907
Match to Deferred Compensation - $36,420
Group Insurance - $519,880
State Unemployment Insurance - $22,540
Workers’ Compensation - $129,357
2
08/30/2007
Tuition Reimbursement - $12,000
These costs represent the following positions paid by the City:
Mayor & Council 1 Full-time; 7 Part-time positions
City Manager 1 Full-time position
City Treasurer/Operations 1 Full-time position
City Clerk & Municipal Court 1 Full-time position; 3 Part-time Positions
Public Safety 74 Full-time positions
Budget Summary by Department
Mayor and City Council
The fiscal year 2008 budget appropriation for the Mayor and Council is $396,330. This
department is comprised of a Mayor, six council members, and an Executive Aide to the Mayor.
Salaries of all of the positions in the Mayor/Council Department are set by City Charter. Each
elected official receives an annual stipend for expenditure reimbursement. For fiscal year 2008,
the Mayor’s stipend is $3,000 and each council member receives a stipend of $2,000 each.
City Manager
The fiscal year 2008 budget appropriation for the City Manager’s Department is $365,784. This
appropriation includes an operating initiative of $30,000 to fund four major special events
throughout the next fiscal year. The City Manager is responsible for the overall management of
all city functions and operations. The City Manager’s Department is comprised of the following
employees:
• City Manager
• Project Coordinator
The City Manager is a position established by the Charter and the remaining employees are
employed by CH2M Hill.
City Clerk
The fiscal year 2008 budget appropriation for the City Clerk’s Department is $522,571. The Clerk
is responsible for the compilation and publication of all council agendas. The City Clerk is holder
of all City records, therefore is responsible for the records management program. The City
Clerk’s Department is comprised of the following employees:
• City Clerk
• Deputy City Clerk
• Records Clerk
•Administrative Assistant
The City Clerk is a position established by the Charter. The remaining employees are employed
by CH2M Hill. The Clerk’s budget in fiscal year 2008 includes two initiatives; codification of
ordinances and the purchase and installation of a digital recording system.
Community Development
The fiscal year 2008 budget appropriation for the Community Development Department is
$1,273,886. Community Development is responsible for all planning and zoning activities, as well
as inspections and code enforcement. The Community Development Department is comprised of
the following employees:
3
08/30/2007
•Director of Community Development
•Assistant Manager of Planning and Zoning
• Two Planners
•Environment Engineer/Arborist
•Two Construction/Plans Review Inspectors
•Code Enforcement Officer
•Administrative Assistant
In addition to the above CH2M Hill employees, the management of building permit issuance and
inspections will be provided by a contracted service provider, who will provide the requisite staff
to effectively manage the function.
Community Services – Public Works
The fiscal year 2008 budget appropriation for public works is $1,753,254. Public Works is
responsible for transportation and road repair and maintenance activities. The public works
division of the Community Services Department is comprised of the following employees:
•Director of Public Works
• Transportation Engineer
•Field Services Manager
•Field Services Technician
• GIS Technician
Community Services – Recreation and Parks
Recreation and Parks is responsible for repair and maintenance of the City’s parks. These
activities are accomplished with the sharing of the public works field personnel. The total
appropriation budget for Recreation and Parks is $418,063.
Legal Services
Legal services are provided to the City through a contractual relationship with Jarrard and Davis,
LLP. The budget for legal services and consultation is $180,000.
Municipal Court
The fiscal year 2008 budget appropriation for Municipal Court is $448,565. The court staff is
responsible for the operation of the City’s municipal court system, scheduling, processing, and
tracking all violations issued by public safety and code enforcement personnel. The Court
Department is comprised of the following employees:
•Court Clerk (also serving as the City Clerk)
•Municipal Judge and Substitute Judge
• City Solicitor
•Deputy Court Clerk
•One full-time Court Clerk
•One part-time Court Clerk, a newly funded position in the fiscal year 2008 budget.
The Municipal Judge, Solicitor and Court Clerk are positions established by the Charter. The
remaining employees are employed by CH2M Hill.
4
08/30/2007
Operations Department
The Operations Department is responsible for financial management, grants program, human
resources management, and information technology. The Operations Department is comprised
of the following employees:
•Director of Operations/City Treasurer
• Administrative Assistant
• Finance Manager
• Accountant
• Budget/Procurement Coordinator
•Disbursements Coordinator (payroll and accounts payable)
• Revenue Specialist
• Revenue Technician
•Human Resources Manager
•Information Technology Manager
• Network/Systems Coordinator
• IT Technician
The City Treasurer is a position established by the Charter and the remaining employees are
employed by CH2M Hill. The total appropriation budget for Operations by department is as
follows:
•Finance - $ 751,832
•Human Resources - $118,741. The HR budget includes funds to implement a random
drug screening program for City employees
•Information Technology - $1,401,641
The Operations Department will also manage the property and casualty insurance program,
which is budgeted at $236,030.
Program Management
Program Management is responsible for the on-site management of the CH2M Hill contract as
well as overall customer service operations. The fiscal year 2008 budget for program
management is $309,440. Program Management staff consists of the following employees:
• Program Manager
• Office Manager
• Citizen Responder
• Receptionist
Public Information
Public information is responsible for all internal and external communication activities, including
media relations, website management and public interaction activates. These activities are
managed by a Communications Manager and the department budget is $82,360.
Public Safety Department
The fiscal year 2008 budget appropriation for the Public Safety Department is $6,426,978. Public
safety is responsible for all police, fire, and emergency management functions. The Public Safety
Department is comprised of the following employees, all of which are direct employees of the
City:
5
08/30/2007
•Public Safety Director
•Deputy Public Safety Director
•Support Services Chief
• Training Captain
• Administrative Assistant
•Four Police Patrol Lieutenants
•One Police Detective Lieutenants
•Fourteen Police Officers
• Three Fire Captains
•Twelve Fire Lieutenants
• Thirty-six Firefighters
Operating initiatives included in the public safety budget include:
•Three Fire Lieutenants and Six Firefighters
•Two Police Officers
•Radar units for patrol vehicles
•Shotgun weaponry for the police force
•A police canine program contingent upon a donation of funds to purchase the program
animal
•A records management server
The intergovernmental agreement with Fulton County to provide emergency 911 dispatch
services for the City of Milton will stay in place and the County will continue to collect the 911
surcharge revenue in order to provide payment for dispatch services.
Other Budgeted Expenditures – Non-departmental
Included in the expenditure appropriations are the following:
The first of five annual lease payments associated with the purchase of equipment, vehicles, and
fire apparatus in the amount of $711,822.
An estimated interest payment associated with the issuance of a Tax Anticipation Note in the
amount of $150,000.
An interfund transfer of $1,556,762 out of the General Fund and into the Capital Project Fund in
order to pay for the recommended capital projects for fiscal year 2008.
An interfund transfer of $150,000 out of the General Fund and into the Capital Grant Fund in
order to fund the match for the transportation master plan and a contingency account for potential
grant matching funds.
An interfund transfer of $37,345 out of the General Fund and into the Operating Grant Fund in
order to fund the match for the SAFER grant personnel.
Contribution to Reserves
The City’s Financial Management Plan budget policy requires an operating reserve equal to two months
expenditures which is approximately 16%. These funds are set aside as a reserve in case of economic
downfall or catastrophic emergency, as well as a float for cash flow purposes. The policy allows five
years for the City to build up to the 16% level and the fiscal year 2008 budget includes a contribution of
$530,000. Combined with the 2007 contribution of $246,894, the reserves will be funded at 5% of the
required 16%. The funding of the operating reserves is currently on track to be fully funded within the five
year requirement.
6
08/30/2007
Maintaining the Quality of Life for Constituents, Businesses, and Citizens through Capital
Programming
The City’s capital improvement program has the most visible and long-term effect on the quality of life for
residential and commercial citizens and Milton’s visitors. As part of the capital planning process for fiscal
year 2008, first priority was given to projects that would 1) maintain or repair the City’s current assets, 2)
alleviate or mitigate a health/safety hazard, and 3) provide external funding toward a capital project.
Secondary priority for funding considerations were projects that included long-term vision and planning for
the City of Milton.
The appropriation for the fiscal year 2008 capital program is $1,919,562 and is presented by the priority
categories explained above.
Current Asset Maintenance and Repair
Pavement Management $988,541
Stormwater Maintenance $100,000
Bridges and Dams Inventory and Maintenance $ 30,000
Traffic Signs and Signals Maintenance $ 50,000
Traffic Calming $ 35,000
Renovation of fire stations on Thompson Road and Arnold Mill Road $ 50,000
Apparatus and Vehicle Reserve $ 27,000
Heath and Safety Mitigation
Birmingham @ New Providence Intersection Improvement (second year funding) $170,800
External Funding Opportunity
Freemanville @ Providence Intersection Improvement (second year funding) $208,500
Transportation Master Plan $100,000
Long-term Vision and Planning
Park Development $ 90,434
Design Guidelines for Highway 9 $ 30,000
Recreation and Parks Master Plan $ 30,000
Historic Preservation Ordinance $ 20,000
Tree Preservation Ordinance $ 10,000
Update to Crabapple Master Plan $ 10,000
Other
Two Police Vehicles (new officer positions) $ 69,487
Project Contingency Account $ 10,000
BUDGET POLICY
Annual budgets are adopted on a basis consistent with accounting practices as defined by generally
accepted accounting principles for all funds. All annual appropriations lapse at year end except capital
project and grant funds, which adopt project-length budgets.
CLOSING
The budgetary appropriations for fiscal year 2008, as seen in the attached financial summaries represent
the balancing of service and infrastructure needs with available resources. We thank our City Council,
7
08/30/2007
citizens and staff for the input and effort that has resulted in a balanced budget and financial plan for
fiscal year 2008. We look forward to the upcoming year in providing the services outlined in this budget.
Respectfully Submitted,
Chris Lagerbloom Carol R. Wolfe
Acting City Manager City Treasurer/Director of Operations
8
08/30/2007
Fiscal Year 2007 Annual Budget Appropriation
General Fund Revenue and Ex penditure
REVISED RECOMMENDED
BUDGET BUDGET
FY 2007 FY 2008
Beginning Fund Balance: $ -$ -
Revenues:
Property Taxes
L.O.S.T.
Intangible Tax
Motor Vehicle Tax
Real Estate Transfer Tax
Business & Occupation Tax
Alcohol Beverage Tax
Financial Institution Tax
Franchise Fees
Licenses & Permits
Charges for Service
Fines & Forfeitures
Contributions & Donations
Interest
Other Revenues
Subtotal:
$
$
6,868,142
2,944,688
201,000
336,911
59,940
600,000
145,000
25,000
823,000
286,327
262,332
416,000
-
67,500
78,000
13,113,840
$
$
8,637,363
4,123,154
320,000
400,000
75,198
650,000
250,000
30,000
1,100,000
453,810
542,320
1,130,559
5,000
40,000
12,000
17,769,404
Other Financing Sources:
Hotel/Motel Tax
Subtotal Other Financing Sources:
Total Operating Revenue:
$
$
25,497
25,497
13,139,337
-
$
$
52,000
52,000
17,821,404
Expenditures:
Mayor and Council
City Manager
City Clerk
Community Development
Community Services - Public Works
Community Services - Rec & Parks
Legal Services
Municipal Court
Operations - Finance
Operations - HR
Operations - IT
Program Manager
Public Information
Public Safety
Non-Departmental
Contribution to Operating Reserves
Subtotal:
$
$
297,368
548,777
171,488
927,624
1,730,940
-
170,000
329,521
2,091,793
-
-
-
278,039
5,630,999
194,000
246,894
12,617,443
$
$
396,330
365,784
522,571
1,273,886
1,753,254
418,063
180,000
448,565
751,832
118,741
1,401,641
309,440
82,360
6,426,978
236,030
530,000
15,215,475
Other Financing Uses:
Capital Lease Payment
TAN Interest
I/F Transfer to Capital Project Fund
I/F Transfer to Capital Grant Fund
I/F Transfer to Operating Grant Fund
Subtotal Other Financing Uses:
Total Expenditures
$
$
$
-
150,000
350,000
21,894
-
521,894
13,139,337
$
$
$
711,822
150,000
1,556,762
150,000
37,345
2,605,929
17,821,404
Fund Balance, September 30 $ -$ -
9
08/30/2007
Fiscal Year 2008 Annual Budget Appropriation
Capital Project Fund Revenue and Expenditure by Class
EXPENDITURE
APPROPRIATIONS
REVENUE
ANTICIPATIONS
NET
EFFECT
Expenditure:
Capital Outlay:
Community Development
Public Works
Public Safety
Recreation & Parks
Contingency
Subtotal:
$
$
60,000
1,582,841
146,487
120,434
10,000
1,919,762
$
$
-
-
-
-
-
-
$
$
(60,000)
(1,582,841)
(146,487)
(120,434)
(10,000)
(1,919,762)
General Revenues:
Host Fees
Solid Waste Fees
Subtotal:
$
$
-
-
-
$
$
187,000
66,000
253,000
$
$
187,000
66,000
253,000
Other Financing Sources & Uses:
I/F Transfer from General Fund
Budgeted Fund Balance
Subtotal:
$
$
-
-
-
-
$ 1,556,762
110,000
$ 1,666,762
$
$
1,556,762
110,000
1,666,762
Grand Total $ 1,919,762 $ 1,919,762 $ -
10
08/30/2007
Fiscal Year 2008 Annual Budget Appropriation
Hotel/Motel Fund Revenue and Expenditure
REVISED RECOMMENDED
BUDGET BUDGET
FY 2007 2008
Beginning Fund Balance: $ -$ -
Revenues:
Hotel/Motel Excise Tax 25,497 52,000
Total Revenues: $ 25,497 $ 52,000
Expenditures:
I/F Transfer to General Fund $ 25,497 $ 52,000
Total Expenditures: $ 25,497 $ 52,000
Fund Balance, September 30 $ -$ -
Fiscal Year 2008 Annual Budget Appropriation
Capital Grant Fund Revenue and Expenditure
REVISED RECOMMENDED
BUDGET BUDGET
FY 2007 2008
Beginning Fund Balance: $ -$ -
Revenues:
Intergovernmental 1,030,998 -
Intergovernmental - Safe Routes Grant - 281,000
Intergovernmental - FN239 - 400,000
Contributions & Donations 88,964 -
Subtotal: $ 1,119,962 $ 681,000
Other Financing Sources:
I/F Transfer from General Fund $ 21,894 $ 150,000
Subtotal Other Financing Sources: $ 21,894 $ 150,000
Total Revenue: $ 1,141,856 $ 831,000
Expenditures:
Capital Outlay $ 1,141,856 $ -
Capital Outlay - Safe Routes Grant $ -$ 281,000
Capital Outlay - FN239 $ -$ 500,000
Contingency for Projects -50,000
Total Expenditures: $ 1,141,856 $ 831,000
Fund Balance, September 30 $ -$ -
11
08/30/2007
Fiscal Year 2008 Annual Budget Appropriation
Operating Grant Fund Revenue and Expenditure
REVISED RECOMMENDED
BUDGET BUDGET
FY 2007 2008
Beginning Fund Balance: $ -$ -
Revenues:
Intergovernmental - Crabapple Update 15,000 10,000
Intergovernmental - SAFER - 115,455
Contributions & Donations --
Subtotal: $ 15,000 $ 115,455
Other Financing Sources:
I/F Transfer from General Fund $ -$ 37,345
Subtotal Other Financing Sources: $ -$ 37,345
Total Revenue: $ 15,000 $ 152,800
Expenditures:
Crabapple Update $ 15,000 $ 10,000
SAFER Grant $ -$ 142,800
Total Expenditures: $ 15,000 $ 152,800
Fund Balance, September 30 $ -$ -
12
08/30/2007
4 -CityofMilton
<B 13WO Dexkld Pahay, Suite 107. Milton. Gewgia 30004
CIN COUNCIL AGENDA ITEM
TO: City Council DATE: August 24,2007
FROM: Acting City Manager
AGENDA ITEM: Approval of an Ordinance of the Mayor and Council of the City of Milton,
Georgia, to adopt the fiscal 2908 Budget for each fund of the City of
Milton, Georgia appropriating the amounts shown in each budget as
expenditures, adopting the several items of revenue anticipations,
prohibiting expenditures to exceed appropriations, and prohibiting
expenditures to exceed actual funding available.
MEETING DATE: Thursday, September 6,2007Regular Meeting
BACKGROUND INFORMA TION: (Atlach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: %APPROVED () NOT APPROVED
1
CITY ATTORNEY APPROVAL REQUlRED: ()YES NO
CITY ATTORNEY REVIEW REQUIRED: Yo
APPROVAL BY CITY ATTORNEY I)APPROVED (3 NOTAPPROVED
PLACED ON AGENDA FOR: ~q 0 1a 0 1 r
REMARKS:
STATE OF GEORGIA ORDINANCE NO. 07-
COUNTY OF FULTON
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON,
GEORGIA, TO ADOPT THE FISCAL 2008 BUDGET FOR EACH FUND OF
THE CITY OF MILTON, GEORGIA APPROPRIATING THE AMOUNTS SHOWN
IN EACH BUDGET AS EXPENDITURES, ADOPTING 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 a
proposed fiscal year 2008 Budget to the City Council on each of the various
funds of the City; and
WHEREAS, each of these budgets is a balanced budget, so that
anticipated revenues equal proposed expenditures for each fund; and
WHEREAS, the fiscal year 2008 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, “Exhibit A”
attached hereto and by this reference made a part hereof this ordinance shall be
the City of Milton’s fiscal year 2008 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
13000 Deerfield Parkway, Suite 100, Alpharetta, Georgia 30004
September 6, 2007
To the Mayor, City Council and the Citizens of Milton:
We are pleased to present the City of Milton’s Annual Budget for fiscal year 2008. The objective of the
City’s budget is to provide a management tool in which our local government can unite its budgeting
efforts to provide quality services while operating under available resources. The process results in the
updating of the City’s on-going financial plan and provides a vehicle in which management decisions can
be made as a result of the formulation of the respective data.
BUDGET PROCESS AND OVERVIEW
The fiscal year 2008 budget process began in June with distribution of historical data and forms to all the
department directors. Each department formulated budgets in three major areas; maintenance &
operating, operating initiatives, and capital project requests. Concurrent with departmental budgeting,
finance staff completed the first draft of a salary/benefits budget as well formulated initial revenue
estimates.
In late-July, each department director met with the City Manager to review the maintenance and operating
budget. The senior staff also met as a group to review and prioritize operating initiatives and capital
projects, with the goal being the development of a staff priority list to present to council for
recommendation and discussion. Departmental maintenance and operating requests and the staff priority
list was used to formulate the first draft of a balanced budget. This draft was presented to the City
Council during a workshop setting on August 9th. Subsequent to the first workshop, council members
submitted their input on operating initiatives and capital projects and the budget underwent several
additional drafts in preparation for the next workshop. The budget was again at the August 23rd council
workshop, where a list of project to be funded was finalized. This process has resulted in a balanced
budget for fiscal year 2008 as presented in this memo.
As required by Georgia law on local government budgets, citizen input will be solicited during the process
of adopting the budget through publicly advertised meetings. The legally required public hearings on the
budget will be held on September 6, 2007, with the first reading of the ordinance and the second
ordinance reading and final adoption occurring on September 20, 2007. As set forth in the City of Milton
Charter, the millage rate used in establishing the balanced budget for fiscal year 2007 is 4.731 mills.
On those same publicly advertised hearing dates, will also be the reading and adoption of an ordinance
reaffirming the City’s need to continue to collect the 911 surcharge on wired and wireless telephone
service. This ordinance is a state law requirement each year as it pertains to O.C.G.A. § 46-5-134(d)(3).
KEY BUDGET FACTORS, ISSUES, AND PRIORITIES
The foundation for the fiscal year 2008 budget is based on four key financial factors.
• Sustainability of existing services
• Enhancement to deployment-level services through operating initiatives
• Continued contribution to operating reserves
• Maintaining the quality of life for constituents, citizens, and businesses through capital
programming
Sustainability of Existing Services and Enhancements through Operating Initiatives
The fiscal year 2008 balanced budget is based on a millage rate of 4.731 mills, which is the same millage
rate applied in fiscal year 2007. This budget provides financial resources for the City of Milton to sustain
the current levels of service and includes areas of improved service via operating initiatives.
In appropriating the resources to sustain existing services, the following are the top five revenue and
expenditure sources:
Representing 87.7% of total general fund revenue, the top five areas of general fund revenue are as
follows:
Property Tax Revenue 48.5% $8,638,507
Local Option Sales Tax 23.1% $4,123,154
Fines & Forfeitures 6.3% $1,130,559
Franchise Fees 6.2% $1,100,000
Business Occupation Tax 3.6% $ 650,000
Representing 65.1% of total general fund expenditures, the top five general fund expenditures by
department are:
Public Safety 42.2% $6,428,122
Public Works 11.5% $1,753,254
Operations – Information Technology 9.2% $1,401,641
Community Development 8.4% $1,273,886
Operations – Finance 4.9% $ 751,832
The top five expenditures by category are as follows:
Contracted Service with CH2M Hill 38.0% $6,778,021
City Position Salary Costs 30.5% $5,440,604
Funding for Capital Projects 8.7% $1,556,762
Capital Lease Payment 4.0% $ 711,822
Facility Lease Payments 3.8% $ 671,769
Salary and Benefits Detail
The salary and benefit budget is based upon approved positions and the associated benefit program
costs. A benefit enhancement of a 1% maximum match to the employee voluntary deferred
compensation program is included in the salary and benefit budget.
For fiscal year 2008, direct City costs for salaries/benefits is $5,439,560, with $4,349,778 appropriated for
salaries and $1,089,778for benefits, making benefit costs 25.1% of the total salaries/benefit budget. The
total City salary/benefits budget is 30.5%of the total operating expenditures.
The budgeted components of salaries and benefits are as follows:
Regular Salaries - $4,088,954
Overtime - $111,865
Holiday Pay - $148,863
FICA – $233,674
Pension - $135,907
Match to Deferred Compensation - $36,420
Group Insurance - $519,880
State Unemployment Insurance - $22,540
Workers’ Compensation - $129,357
2
08/30/2007
Tuition Reimbursement - $12,000
These costs represent the following positions paid by the City:
Mayor & Council 1 Full-time; 7 Part-time positions
City Manager 1 Full-time position
City Treasurer/Operations 1 Full-time position
City Clerk & Municipal Court 1 Full-time position; 3 Part-time Positions
Public Safety 74 Full-time positions
Budget Summary by Department
Mayor and City Council
The fiscal year 2008 budget appropriation for the Mayor and Council is $396,330. This
department is comprised of a Mayor, six council members, and an Executive Aide to the Mayor.
Salaries of all of the positions in the Mayor/Council Department are set by City Charter. Each
elected official receives an annual stipend for expenditure reimbursement. For fiscal year 2008,
the Mayor’s stipend is $3,000 and each council member receives a stipend of $2,000 each.
City Manager
The fiscal year 2008 budget appropriation for the City Manager’s Department is $365,784. This
appropriation includes an operating initiative of $30,000 to fund four major special events
throughout the next fiscal year. The City Manager is responsible for the overall management of
all city functions and operations. The City Manager’s Department is comprised of the following
employees:
• City Manager
• Project Coordinator
The City Manager is a position established by the Charter and the remaining employees are
employed by CH2M Hill.
City Clerk
The fiscal year 2008 budget appropriation for the City Clerk’s Department is $522,571. The Clerk
is responsible for the compilation and publication of all council agendas. The City Clerk is holder
of all City records, therefore is responsible for the records management program. The City
Clerk’s Department is comprised of the following employees:
• City Clerk
• Deputy City Clerk
• Records Clerk
•Administrative Assistant
The City Clerk is a position established by the Charter. The remaining employees are employed
by CH2M Hill. The Clerk’s budget in fiscal year 2008 includes two initiatives; codification of
ordinances and the purchase and installation of a digital recording system.
Community Development
The fiscal year 2008 budget appropriation for the Community Development Department is
$1,273,886. Community Development is responsible for all planning and zoning activities, as well
as inspections and code enforcement. The Community Development Department is comprised of
the following employees:
3
08/30/2007
•Director of Community Development
•Assistant Manager of Planning and Zoning
• Two Planners
•Environment Engineer/Arborist
•Two Construction/Plans Review Inspectors
•Code Enforcement Officer
•Administrative Assistant
In addition to the above CH2M Hill employees, the management of building permit issuance and
inspections will be provided by a contracted service provider, who will provide the requisite staff
to effectively manage the function.
Community Services – Public Works
The fiscal year 2008 budget appropriation for public works is $1,753,254. Public Works is
responsible for transportation and road repair and maintenance activities. The public works
division of the Community Services Department is comprised of the following employees:
•Director of Public Works
• Transportation Engineer
•Field Services Manager
•Field Services Technician
• GIS Technician
Community Services – Recreation and Parks
Recreation and Parks is responsible for repair and maintenance of the City’s parks. These
activities are accomplished with the sharing of the public works field personnel. The total
appropriation budget for Recreation and Parks is $418,063.
Legal Services
Legal services are provided to the City through a contractual relationship with Jarrard and Davis,
LLP. The budget for legal services and consultation is $180,000.
Municipal Court
The fiscal year 2008 budget appropriation for Municipal Court is $448,565. The court staff is
responsible for the operation of the City’s municipal court system, scheduling, processing, and
tracking all violations issued by public safety and code enforcement personnel. The Court
Department is comprised of the following employees:
•Court Clerk (also serving as the City Clerk)
•Municipal Judge and Substitute Judge
• City Solicitor
•Deputy Court Clerk
•One full-time Court Clerk
•One part-time Court Clerk, a newly funded position in the fiscal year 2008 budget.
The Municipal Judge, Solicitor and Court Clerk are positions established by the Charter. The
remaining employees are employed by CH2M Hill.
4
08/30/2007
Operations Department
The Operations Department is responsible for financial management, grants program, human
resources management, and information technology. The Operations Department is comprised
of the following employees:
•Director of Operations/City Treasurer
• Administrative Assistant
• Finance Manager
• Accountant
• Budget/Procurement Coordinator
•Disbursements Coordinator (payroll and accounts payable)
• Revenue Specialist
• Revenue Technician
•Human Resources Manager
•Information Technology Manager
• Network/Systems Coordinator
• IT Technician
The City Treasurer is a position established by the Charter and the remaining employees are
employed by CH2M Hill. The total appropriation budget for Operations by department is as
follows:
•Finance - $ 751,832
•Human Resources - $118,741. The HR budget includes funds to implement a random
drug screening program for City employees
•Information Technology - $1,401,641
The Operations Department will also manage the property and casualty insurance program,
which is budgeted at $236,030.
Program Management
Program Management is responsible for the on-site management of the CH2M Hill contract as
well as overall customer service operations. The fiscal year 2008 budget for program
management is $309,440. Program Management staff consists of the following employees:
• Program Manager
• Office Manager
• Citizen Responder
• Receptionist
Public Information
Public information is responsible for all internal and external communication activities, including
media relations, website management and public interaction activates. These activities are
managed by a Communications Manager and the department budget is $82,360.
Public Safety Department
The fiscal year 2008 budget appropriation for the Public Safety Department is $6,426,978. Public
safety is responsible for all police, fire, and emergency management functions. The Public Safety
Department is comprised of the following employees, all of which are direct employees of the
City:
5
08/30/2007
•Public Safety Director
•Deputy Public Safety Director
•Support Services Chief
• Training Captain
• Administrative Assistant
•Four Police Patrol Lieutenants
•One Police Detective Lieutenants
•Fourteen Police Officers
• Three Fire Captains
•Twelve Fire Lieutenants
• Thirty-six Firefighters
Operating initiatives included in the public safety budget include:
•Three Fire Lieutenants and Six Firefighters
•Two Police Officers
•Radar units for patrol vehicles
•Shotgun weaponry for the police force
•A police canine program contingent upon a donation of funds to purchase the program
animal
•A records management server
The intergovernmental agreement with Fulton County to provide emergency 911 dispatch
services for the City of Milton will stay in place and the County will continue to collect the 911
surcharge revenue in order to provide payment for dispatch services.
Other Budgeted Expenditures – Non-departmental
Included in the expenditure appropriations are the following:
The first of five annual lease payments associated with the purchase of equipment, vehicles, and
fire apparatus in the amount of $711,822.
An estimated interest payment associated with the issuance of a Tax Anticipation Note in the
amount of $150,000.
An interfund transfer of $1,556,762 out of the General Fund and into the Capital Project Fund in
order to pay for the recommended capital projects for fiscal year 2008.
An interfund transfer of $150,000 out of the General Fund and into the Capital Grant Fund in
order to fund the match for the transportation master plan and a contingency account for potential
grant matching funds.
An interfund transfer of $37,345 out of the General Fund and into the Operating Grant Fund in
order to fund the match for the SAFER grant personnel.
Contribution to Reserves
The City’s Financial Management Plan budget policy requires an operating reserve equal to two months
expenditures which is approximately 16%. These funds are set aside as a reserve in case of economic
downfall or catastrophic emergency, as well as a float for cash flow purposes. The policy allows five
years for the City to build up to the 16% level and the fiscal year 2008 budget includes a contribution of
$530,000. Combined with the 2007 contribution of $246,894, the reserves will be funded at 5% of the
required 16%. The funding of the operating reserves is currently on track to be fully funded within the five
year requirement.
6
08/30/2007
Maintaining the Quality of Life for Constituents, Businesses, and Citizens through Capital
Programming
The City’s capital improvement program has the most visible and long-term effect on the quality of life for
residential and commercial citizens and Milton’s visitors. As part of the capital planning process for fiscal
year 2008, first priority was given to projects that would 1) maintain or repair the City’s current assets, 2)
alleviate or mitigate a health/safety hazard, and 3) provide external funding toward a capital project.
Secondary priority for funding considerations were projects that included long-term vision and planning for
the City of Milton.
The appropriation for the fiscal year 2008 capital program is $1,919,562 and is presented by the priority
categories explained above.
Current Asset Maintenance and Repair
Pavement Management $988,541
Stormwater Maintenance $100,000
Bridges and Dams Inventory and Maintenance $ 30,000
Traffic Signs and Signals Maintenance $ 50,000
Traffic Calming $ 35,000
Renovation of fire stations on Thompson Road and Arnold Mill Road $ 50,000
Apparatus and Vehicle Reserve $ 27,000
Heath and Safety Mitigation
Birmingham @ New Providence Intersection Improvement (second year funding) $170,800
External Funding Opportunity
Freemanville @ Providence Intersection Improvement (second year funding) $208,500
Transportation Master Plan $100,000
Long-term Vision and Planning
Park Development $ 90,434
Design Guidelines for Highway 9 $ 30,000
Recreation and Parks Master Plan $ 30,000
Historic Preservation Ordinance $ 20,000
Tree Preservation Ordinance $ 10,000
Update to Crabapple Master Plan $ 10,000
Other
Two Police Vehicles (new officer positions) $ 69,487
Project Contingency Account $ 10,000
BUDGET POLICY
Annual budgets are adopted on a basis consistent with accounting practices as defined by generally
accepted accounting principles for all funds. All annual appropriations lapse at year end except capital
project and grant funds, which adopt project-length budgets.
CLOSING
The budgetary appropriations for fiscal year 2008, as seen in the attached financial summaries represent
the balancing of service and infrastructure needs with available resources. We thank our City Council,
7
08/30/2007
citizens and staff for the input and effort that has resulted in a balanced budget and financial plan for
fiscal year 2008. We look forward to the upcoming year in providing the services outlined in this budget.
Respectfully Submitted,
Chris Lagerbloom Carol R. Wolfe
Acting City Manager City Treasurer/Director of Operations
8
08/30/2007
Fiscal Year 2007 Annual Budget Appropriation
General Fund Revenue and Ex penditure
REVISED RECOMMENDED
BUDGET BUDGET
FY 2007 FY 2008
Beginning Fund Balance: $ -$ -
Revenues:
Property Taxes
L.O.S.T.
Intangible Tax
Motor Vehicle Tax
Real Estate Transfer Tax
Business & Occupation Tax
Alcohol Beverage Tax
Financial Institution Tax
Franchise Fees
Licenses & Permits
Charges for Service
Fines & Forfeitures
Contributions & Donations
Interest
Other Revenues
Subtotal:
$
$
6,868,142
2,944,688
201,000
336,911
59,940
600,000
145,000
25,000
823,000
286,327
262,332
416,000
-
67,500
78,000
13,113,840
$
$
8,637,363
4,123,154
320,000
400,000
75,198
650,000
250,000
30,000
1,100,000
453,810
542,320
1,130,559
5,000
40,000
12,000
17,769,404
Other Financing Sources:
Hotel/Motel Tax
Subtotal Other Financing Sources:
Total Operating Revenue:
$
$
25,497
25,497
13,139,337
-
$
$
52,000
52,000
17,821,404
Expenditures:
Mayor and Council
City Manager
City Clerk
Community Development
Community Services - Public Works
Community Services - Rec & Parks
Legal Services
Municipal Court
Operations - Finance
Operations - HR
Operations - IT
Program Manager
Public Information
Public Safety
Non-Departmental
Contribution to Operating Reserves
Subtotal:
$
$
297,368
548,777
171,488
927,624
1,730,940
-
170,000
329,521
2,091,793
-
-
-
278,039
5,630,999
194,000
246,894
12,617,443
$
$
396,330
365,784
522,571
1,273,886
1,753,254
418,063
180,000
448,565
751,832
118,741
1,401,641
309,440
82,360
6,426,978
236,030
530,000
15,215,475
Other Financing Uses:
Capital Lease Payment
TAN Interest
I/F Transfer to Capital Project Fund
I/F Transfer to Capital Grant Fund
I/F Transfer to Operating Grant Fund
Subtotal Other Financing Uses:
Total Expenditures
$
$
$
-
150,000
350,000
21,894
-
521,894
13,139,337
$
$
$
711,822
150,000
1,556,762
150,000
37,345
2,605,929
17,821,404
Fund Balance, September 30 $ -$ -
9
08/30/2007
Fiscal Year 2008 Annual Budget Appropriation
Capital Project Fund Revenue and Expenditure by Class
EXPENDITURE
APPROPRIATIONS
REVENUE
ANTICIPATIONS
NET
EFFECT
Expenditure:
Capital Outlay:
Community Development
Public Works
Public Safety
Recreation & Parks
Contingency
Subtotal:
$
$
60,000
1,582,841
146,487
120,434
10,000
1,919,762
$
$
-
-
-
-
-
-
$
$
(60,000)
(1,582,841)
(146,487)
(120,434)
(10,000)
(1,919,762)
General Revenues:
Host Fees
Solid Waste Fees
Subtotal:
$
$
-
-
-
$
$
187,000
66,000
253,000
$
$
187,000
66,000
253,000
Other Financing Sources & Uses:
I/F Transfer from General Fund
Budgeted Fund Balance
Subtotal:
$
$
-
-
-
-
$ 1,556,762
110,000
$ 1,666,762
$
$
1,556,762
110,000
1,666,762
Grand Total $ 1,919,762 $ 1,919,762 $ -
10
08/30/2007
Fiscal Year 2008 Annual Budget Appropriation
Hotel/Motel Fund Revenue and Expenditure
REVISED RECOMMENDED
BUDGET BUDGET
FY 2007 2008
Beginning Fund Balance: $ -$ -
Revenues:
Hotel/Motel Excise Tax 25,497 52,000
Total Revenues: $ 25,497 $ 52,000
Expenditures:
I/F Transfer to General Fund $ 25,497 $ 52,000
Total Expenditures: $ 25,497 $ 52,000
Fund Balance, September 30 $ -$ -
Fiscal Year 2008 Annual Budget Appropriation
Capital Grant Fund Revenue and Expenditure
REVISED RECOMMENDED
BUDGET BUDGET
FY 2007 2008
Beginning Fund Balance: $ -$ -
Revenues:
Intergovernmental 1,030,998 -
Intergovernmental - Safe Routes Grant - 281,000
Intergovernmental - FN239 - 400,000
Contributions & Donations 88,964 -
Subtotal: $ 1,119,962 $ 681,000
Other Financing Sources:
I/F Transfer from General Fund $ 21,894 $ 150,000
Subtotal Other Financing Sources: $ 21,894 $ 150,000
Total Revenue: $ 1,141,856 $ 831,000
Expenditures:
Capital Outlay $ 1,141,856 $ -
Capital Outlay - Safe Routes Grant $ -$ 281,000
Capital Outlay - FN239 $ -$ 500,000
Contingency for Projects -50,000
Total Expenditures: $ 1,141,856 $ 831,000
Fund Balance, September 30 $ -$ -
11
08/30/2007
Fiscal Year 2008 Annual Budget Appropriation
Operating Grant Fund Revenue and Expenditure
REVISED RECOMMENDED
BUDGET BUDGET
FY 2007 2008
Beginning Fund Balance: $ -$ -
Revenues:
Intergovernmental - Crabapple Update 15,000 10,000
Intergovernmental - SAFER - 115,455
Contributions & Donations --
Subtotal: $ 15,000 $ 115,455
Other Financing Sources:
I/F Transfer from General Fund $ -$ 37,345
Subtotal Other Financing Sources: $ -$ 37,345
Total Revenue: $ 15,000 $ 152,800
Expenditures:
Crabapple Update $ 15,000 $ 10,000
SAFER Grant $ -$ 142,800
Total Expenditures: $ 15,000 $ 152,800
Fund Balance, September 30 $ -$ -
12
08/30/2007
-c City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
ClTY COUNCIL AGENDA ITEM
TO: City Council DATE: August 24,2007
FROM: Acting City Manager
AGENDA ITEM: AppmvaI of an Ordinance Amending Chapter 6, Code of Ethics and
Standards of Conduct.
MEETING DATE: Thursday, September 6,2007 Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
CITYATTORNEY APPROVAL REQUIRED: 36 Es (INO /\lo C{.(&^~$E<SIY=
CITY ATTORNEY REVIEW REQUIRED: YES 0 No fi~s'i-&GW~=TATIQ~ .
APPROVAL BY CITY ATTORNEY () NOT APPROVED
PLACED ON AGENDA FOR: q Ob 2 007
REMARKS:
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: August 2, 2007 for submission onto August 9, 2007 work session and August 16, 2007
meeting agenda and the September 6, 2007 regular meeting agenda
Agenda Item: Approval of amendments to Ethics Ordinance
City Attorney Recommendation:
Adopt the attached ordinance amending the Ethics Ordinance. Second reading will occur at the
at the September 6, 2007 council meeting.
Background:
As you are aware, we have previously discussed revisions to the Ethics Ordinance. These are
in part due to: 1) GMA comments provided pursuant to City of Ethics designation; 2) issues
identified in the course of ethics complaint investigations; 3) Ethics Board comments and input.
A draft of amendments was presented to the Council several months ago with recommended
changes. Further, the Ethics Board held a work session on July 16 and worked through the
entire ordinance with the City Attorney. The revisions have gone through three versions now,
and this is the draft version 1.3.
Discussion:
Draft version 1.3 incorporates all revisions proposed in prior versions 1.1 and 1.2 with some
further revisions. As before, it reconciles references to confidentiality with the Open Meetings
and Open Records Acts. It removes references to subpoena power which the board does not
have. It conforms the appointment of members to the City Ordinance on appointments to
boards and commissions. It tightens standards for complaints and requires a verification that
the complaint is well-founded. It takes into account the potential for city attorney conflict of
interest when a council member is the subject of a complaint by calling for the retainer of
outside counsel. It clarifies that all Ethics Board investigations must be undertaken pursuant to
a written, verified complaint. It adds sections titled “Wrongful Use of Ethics Board” and
“Wrongful Use of Code of Ethics.”
Based on the experiences of the Ethics Board in dealing with the initial Ethics Complaint, the
Board has recommended, and I have drafted, where appropriate, intent standards to be added
to the various types of prohibited conduct in Section 11. Also, we have amended Section 11(c)
pursuant to the recommendations of Mr. Carothers in his report on the Moheb Complaint.
Finally, we have added several definitions to the appendix to further clarify the meaning of
several terms.
City of Milton
13000 Deerfield Parkway Suite 107G Milton, GA 30004
Alternatives:
We cannot really keep the ordinance as it is. We could adopt some of these amendments and
not others. We could also repeal the Ethics Ordinance all together.
Concurrent Review:
City Manager
___________________________
STATE OF GEORGIA ORDINANCE NO. 07-08-35
COUNTY OF FULTON
AN ORDINANCE AMENDING CHAPTER 6, ETHICS AND STANDARDS OF CONDUCT,
AND PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA TO BE REFRENCED IN THE
FUTURE AS CHAPTER 6 (ETHICS AND STANDARDS OF CONDUCT) AS ATTACHED
HERETO AND INCORPORATED HEREIN
WHEREAS, it is in the best interest of the municipality to periodically update ordinances; and
WHEREAS, the Mayor and City Council deem it in the best interest to have operations match with
respective Ordinances.
THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS while in regular session on
the 6th day of September, 2007 at 7:00 p.m. as follows:
SECTION 1. That the Ordinance relating to Ethics and Standards of Conduct is hereby
adopted and approved; and is attached hereto as if fully set forth herein, amending the
Ordinance adopted on November 21, 2006; and
SECTION 2. That this ordinance shall be designated as Chapter 6 of the Code of Ordinances
of the City of Milton, Georgia; and
SECTION 3. That this Ordinance shall become effective upon its adoption; and
SECTION 4. That any Ordinances or parts of Ordinances in conflict herewith shall be
repealed.
ORDAINED this 6th day of September, 2007.
Approved:
_____________________________
Joe Lockwood, Mayor
Attest:
Jeanette R. Marchiafava, City Clerk
(Seal)
DRAFT AMENDMENTS VERSION 1.3.1
INCLUDING ETHICS BOARD AND
CITY COUNCIL REVIEW
8/1317
/07
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. Statute of Limitations
Section 24. Penalties
Section 25. Penalties Cumulative
Section 26. Liberal Construction of Ordinance
Section 27. Severability
Section 28. Effective Date
APPENDIX OF DEFINITIONS
Deleted: Waiver of Confidentiality
Deleted: Statute of Limitations
Deleted: Section 23.
Deleted: Penalties
Deleted: 4
Deleted: Penalties Cumulative
Deleted: 5
Deleted: Liberal Construction of
Ordinance
Deleted: 6
Deleted: Severability
Deleted: 7
Deleted: Effective Date
DRAFT VERSION 1.3.1 – 8/13/07
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:
2
DRAFT VERSION 1.3.1 – 8/13/07
(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
3
DRAFT VERSION 1.3.1 – 8/13/07
(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
4
DRAFT VERSION 1.3.1 – 8/13/07
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 oradvisoryopinion 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, outside counsel 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 City Attorneywho 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:
5
Deleted: a confidential
Deleted:
Deleted: Mayor,
Deleted:
DRAFT VERSION 1.3.1 – 8/13/07
(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
6
DRAFT VERSION 1.3.1 – 8/13/07
(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
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DRAFT VERSION 1.3.1 – 8/13/07
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
8
DRAFT VERSION 1.3.1 – 8/13/07
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 Attorney 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.
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DRAFT VERSION 1.3.1 – 8/13/07
(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) intentionally 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) intentionally 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) knowingly 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 public servant if the
individual were not a public servant, that would thereby cause the public servant
to place themself in a position in which the giver of the gift could expect special
consideration or in which the public could reasonably assume that special
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DRAFT VERSION 1.3.1 – 8/13/07
consideration is being given. Thus, the public servant should be firm in refusing
gifts, favors, or gratuities, large or small, which can, in the public mind, be
interpreted as capable of influencing his or her judgment in the discharge of his or
her duties.
(7) intentionally 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) intentionally 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) intentionally using 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.
(12) intentionally violating any provision of the City Charter which
prescribes the conduct of a public servant.
(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
11
Deleted: 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;
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DRAFT VERSION 1.3.1 – 8/13/07
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 staff. This subsection
shall not apply to:
(i) statements of elected officials made in the course of running for
election to office;
(ii) professional opinions of City officers or employees rendered in
the course 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
intentionally 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 intentionally 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 intentionally 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
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of their offices or in
Formatted: Bullets and Numbering
Deleted: , nor shall it apply to the
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DRAFT VERSION 1.3.1 – 8/13/07
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 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)
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 nominated by the Council Member in whose
district they reside and the Mayor, at large subject to approval by the Mayor and City
Council. . An appointment to fill a vacancy on the Board shall be made in the same
manner.
(d) The Board shall elect a chairperson and vice chairperson.
(e) Board members shall serve terms consistent with the term of the elected
official who nominated them to the board. A member shall hold office until a successor
is appointed by the Mayor and 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
13
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¶
¶
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¶
Deleted: appointed
Deleted: Mayor and approved by the
Deleted: Each member appointed to the
Board shall be a resident of the electoral¶
district for which they are nominated
Deleted: by the Mayor and approved
by the City Council
Deleted: one (1) of its members to
serve
Deleted: s
Deleted: of the¶
Board.
Deleted: staggered
Deleted: of no more than three (3)years
Deleted: member’s
Deleted: An appointment to fill a
vacancy on the Board shall be made by
the Mayor and approved by the City
Council.
DRAFT VERSION 1.3.1 – 8/13/07
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 Deleted: ¶
(a) The Board shall, in addition to its other duties:
(1) develop and adopt written by-laws and rules of procedure which
shall be filed with the City Clerk; and
(2) be authorized to administer oaths; and
Deleted: procedural rules
Deleted: ,
Deleted: rules
Deleted: subject to the approval of the
Mayor and City Council, 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 or outside counsel 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. Deleted: , whether such cases arise
from a complaint or are 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, 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
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outside counsel is caused by a conflict
involving the City Attorney’s Office)
DRAFT VERSION 1.3.1 – 8/13/07
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
(2) respond, as it deems appropriate, to requests for 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
Deleted: confidential
Deleted: ¶
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 an advisory opinion, regarding the propriety of any
matter or matters to which the person is or may become a party; and any decision maker,
15
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¶
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DRAFT VERSION 1.3.1 – 8/13/07
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.
(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 official 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 should 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 or outside counsel for review and
consideration for appropriate action. Upon completion of review and consideration, the
City Attorney’s Office or outside counsel 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, payment of costs associated with the
handling and processing of the complaint, and/or all other penalties applicable under the
law.”
(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 report of investigation is delivered to the Ethics Board for
16
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DRAFT VERSION 1.3.1 – 8/13/07
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
complainant(s), and forward the complaint simultaneously to the Board, the person who
is complained against, the City Attorney and the City Council. In the event that the
subject of the Complaint is a City Council member or the Mayor, the City Attorney shall
be recused and outside counsel will be retained for investigation of the Complaint.
Outside counsel shall be retained based on recommendation of the City Attorney subject
to approval by the Chairman of the Ethics Board and the City Manager
(f) The City Attorney or outside counsel 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.
Deleted: and
Deleted: d
Deleted: (e)
(g) 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.
(h) The following principles shall apply regarding evidence in connection
with hearings conducted by the Board:
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DRAFT VERSION 1.3.1 – 8/13/07
(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
(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.
(i) 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) request 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) request 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.
(j) 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.
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DRAFT VERSION 1.3.1 – 8/13/07
Deleted: i(k) 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.
(l) Upon request of the accused, on its own motion, or upon request of the
City Attorney, the Board shall be authorized to issue subpoenas to compel the attendance
of necessary witnesses.
(m) 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.
(n) 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
19
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Deleted: l
DRAFT VERSION 1.3.1 – 8/13/07
(ii) request the City Attorney or outside counsel 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
(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 reasonable notice of the hearing
date.
(2) The Board is not bound by the rules of evidence of the Official
20
Deleted: at least thirty (30) days
Deleted: T
DRAFT VERSION 1.3.1 – 8/13/07
Code of Georgia. 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
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 Deleted:
Deleted: (a)
Deleted: their
Deleted:
Deleted: (b)
Deleted: .
may discuss the complaint with 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; and
21
Deleted: shall apply to the hearing
Deleted: ¶
¶
DRAFT VERSION 1.3.1 – 8/13/07
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.
(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.
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
Deleted: I
Deleted: 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.¶
(a) A wrongful use of the Code of Ethics shall occur if and when a frivolous or Formatted: Bullets and Numbering
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;
22
DRAFT VERSION 1.3.1 – 8/13/07
(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. Deleted: Waiver of Confidentiality
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.
. 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. The discovery rule shall
apply. Section 24. Penalties
Deleted: 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 22
Deleted: ¶
¶
¶
Deleted: 3
Deleted: ¶
Section 25. Penalties Cumulative Deleted: 4
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 26. 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
23
Deleted: ¶
¶
¶
Deleted: 5
DRAFT VERSION 1.3.1 – 8/13/07
applicable federal and state laws and applicable provisions of the City Charter.
Section 27. Severability
If any provision of this Ordinance is deemed invalid by any court or by any
Deleted: ¶
¶
Deleted: 6
enforceability of this Ordinance, or any part other than the part declared to be
invalid.Section 28. Effective Date
This Ordinance shall be effective upon the approval and adoption by the
governing body of the City.
Deleted: ¶
¶
¶
Deleted: 7
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
24
DRAFT VERSION 1.3.1 – 8/13/07
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
25
DRAFT VERSION 1.3.1 – 8/13/07
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
26
DRAFT VERSION 1.3.1 – 8/13/07
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
27
DRAFT VERSION 1.3.1 – 8/13/07
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,
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.
to provide the City Clerk with written notice of a conflict of interest or a Formatted: Bullets and Numbering
Deleted: (15)
(16) Discovery rule means, the statute of limitations does not start to run until
the date of the discovery of the violation or wrongful act, or the date which, by the
exercise of reasonable care and diligence, the complaining party should have discovered
the violation or wrongful act
17 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.
(18) Frivolous means a claim or complaint which is clearly insufficient on its
face, does not controvert the material points of the opposing party and is presumably
interposed for mere purposes of delay or to embarrass the opponent. A claim or defense
is frivolous if a proponent can present no rational argument based upon the evidence or
law in support of that claim.
(19) 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,
28
Formatted: Bullets and Numbering
Deleted: (
Deleted: 1
Deleted: 6
Deleted: )
Deleted: 7
DRAFT VERSION 1.3.1 – 8/13/07
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.
(20) Governing body means the elected officials who comprise the legislative
body of the City, as defined by the City Charter.
(21) 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,
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.
(22) 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.
(23) 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.
(24) Materially adverse means an opposing or contrary position of substantial
or important a matter as to influence the party in question.
(25) 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
29
Deleted: 18
Deleted: 9
Deleted: 0
Deleted: 1
Deleted: 2
DRAFT VERSION 1.3.1 – 8/13/07
servant or a partner in interest.
(26) Ministerial action means a simple and definite action or function imposed
by law where no exercise of discretion or judgment is required.
(27) 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.
(28) 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
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.
(29) Officer means any person elected or appointed to hold an office, as
defined in the charter of the City.
(30) 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.
(31) 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.
(32) 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.
(32) Organization means, unless the context indicates otherwise, any non-profit
business other than an individual or governmental agency.
(33) 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:
30
Deleted: 3
Deleted: 4
Deleted: 5
Deleted: 6
Deleted: 27
Deleted: 28
Deleted: 29
Deleted: 0
Deleted: 1
DRAFT VERSION 1.3.1 – 8/13/07
(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.
(34) Reasonable means fair, proper, equitable and just under the circumstances.
(35) 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
31
Deleted: 2
Deleted: 3
DRAFT VERSION 1.3.1 – 8/13/07
(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
(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
32
DRAFT VERSION 1.3.1 – 8/13/07
(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.
(36) 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..
(37) 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.
(38) 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.
(39) 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.
(40) 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.
Deleted: 4
Deleted: 5
Deleted: 6
Deleted: 7
Deleted: 38
33
4 fi
City of Milton<B 1300 Deerfield Pahay, Suite 107,Milton, Georgia 3WM
---
CITY COUNCIL AGENDA ITEM
TO: Crty Council DATE: August 23,2007
FROM: Acting City Manager
AGENDA ITEM: Resolution indicating the desire to transfer authority from the State of
Georgia and the responsibilities of the Office of the Insurance and Safety
Fire Commissioner to the City of Milton
MEETING PATE: Thursday, September 6,2007Regular Meeting
BACKGROUND INFORMATION: (Attach addrtronal pages rf necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED (1 NOT APPROVED
CITY AVORNEY REVIEW REQUIRED: (1NO
APPROVAL BY CITY ATTORNEY ()APPROVED (1 NOT APPROVED
PLACED ON AGENDA FOR:
REMARKS:
City of Milton
13000 Deerfield Parkway, Building 100 Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Charles Millican, Director of Public Safety (Acting)
Date: August 21, 2007 for submission onto the September 6, 2007 City Council Meeting
Agenda Item: Resolution indicating the desire to transfer authority from the State of Georgia
and the responsibilities of the Office of the Insurance and Safety Fire Commissioner to the City
of Milton
CMO (City Manager’s Office) Recommendation:
Support the attached Resolution concerning the transfer of fire marshal authority from the State
of Georgia and the responsibilities of the Office of the Insurance and Safety Fire Commissioner
to the City of Milton, Georgia.
Background:
The City of Milton desires to adopt the state minimum fire safety standards adopted in the rules
and regulations promulgated pursuant to Chapter 2 of Title 25, including all subsequent
revisions thereof and will enforce the state minimum fire safety standards in order to work
directly with potential developers, as well as retain fees that are currently forwarded to the State
for such activities.
Discussion:
Along with Public Safety Staff obtaining inspector and investigator certifications, the passage of
the Resolution will afford the City of Milton to adopt and have the authority to enforce the state
minimum fire safety standards, and charge and retain appropriate fees. The City of Milton will
also continue to perform the following duties:
(A) Conduct fire safety inspections on existing buildings and structures;
(B) Review plans and specifications for proposed buildings and structures, issue
building permits when plans are approved, and conduct fire safety inspections of
such buildings and structures;
(C) Issue permanent and temporary certificates of occupancy; and
(D) Conduct arson investigations.
Alternatives: None identified
Concurrent Review: Chris Lagerbloom, Acting City Manager
Mark Scott, City Attorney
RESOLUTION NO. ______
COUNTY OF FULTON
STATE OF GEORGIA
RESOLUTION INDICATING THE DESIRE TO TRANSFER THE AUTHORITY FROM THE
STATE OF GEORGIA AND THE RESPONSIBILITIES OF THE OFFICE OF THE
INSURANCE AND SAFETY FIRE COMMISSIONER TO THE CITY OF MILTON
BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting
on September 6th, 2007 at 7:00 p.m. as follows:
WHEREAS, The City of Milton desires to transfer the authority from the State of Georgia and the
responsibilities of Office of the insurance and Safety Fire Commissioner to the City of Milton pursuant to
O.C.G.A. Code Section 25-2-12 subsection (b); and
WHEREAS, Municipalities having a population of less than 45,000 as determined by the most recent
decennial census published by the united States Bureau of the Census may adopt the state minimum fire
safety standards adopted in the rules and regulations promulgated pursuant to this chapter, including all
subsequent revisions thereof; and
WHEREAS, The City of Milton desires to adopt the state minimum fire safety standards adopted in the
rules and regulations promulgated pursuant to Chapter 2 of Title 25, including all subsequent revisions
thereof and will enforce the state minimum fire safety standards as set forth in subsection (a) of Code
Section 25-2-12 with respect to those buildings and structures which are owned and operated or occupied
by the State and shall:
(A) Conduct fire safety inspections on existing buildings and structures;
(B) Review plans and specifications for proposed buildings and structures, issue building
permits when plans are approved, and conduct fire safety inspections of such buildings
and structures;
(C) Issue permanent and temporary certificates of occupancy;
(D) Conduct arson investigations; and
WHEREAS, The City of Milton shall have the authority to charge and retain appropriate fees for
performing the duties required in subparagraphs (A) and (B) of paragraph (2) of Code Section 25-2-12;
and
WHEREAS, The City of Milton is indicating its intention to adopt and enforce the state minimum fire
safety standards by forwarding this resolution so indicating to the Safety Fire Commissioner.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Mayor and Council of the City of
Milton, Georgia, that:
1. The City of Milton adopts the state minimum fire safety standards adopted in the rules
and regulations promulgated pursuant to Chapter 2 of Title 25, including all subsequent
revisions thereof.
2. The City of Milton will enforce the state minimum fire safety standards as set forth in
subsection (a) of Code Section 25-2-12 with respect to those buildings and structures
listed in Code §25-2-13, except for hospitals, nursing homes, jails, ambulatory health
care centers, and penal institutions and except for buildings and structures which are
owned and operated or occupied by the State.
Page 1 of 2
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3. The Safety Fire Division of the Office of the Insurance and Safety Fire Commissioner
shall continue to perform those duties specified in O.C.G.A. §25-1-12(a)(2) with respect
to hospitals, nursing homes, jails, ambulatory health care centers, and penal institutions
and buildings owned and operated or occupied by the State.
4. The City of Milton will be responsible for enforcing such fire safety standards within its
jurisdiction and will:
a. Conduct fire safety inspections on existing buildings and structures;
b. Review plans and specifications for proposed buildings and structures, issue building
permits when plans are approved, and conduct fire safety inspections of such
buildings and structures;
c. Issue permanent and temporary certificates of occupancy;
d. Conduct arson investigations.
5. The City of Milton will charge and retain appropriate fees for performing the duties
required in subparagraphs (A) and (B) of paragraph (2) of Code Section 25-2-12.
BE IT FURTHER RESOLVED, that copies of this resolution be transmitted to the Honorable John W.
Oxendine, Insurance and Safety Fire Commissioner, State of Georgia.
As adopted by the City of Milton Council this ______ day of _______, 2007
IN WITNESS WHEREOF the parties hereto have set their hand and affixed their seals on the dates as
indicated.
Approved:
Joe Lockwood, Mayor
Attest:
Jeanette R. Marchiafava, City Clerk
(Seal)
Page 2 of 2
q&C City of Milton
13000 Deefield Pafiway, Suite 107. Milton. Georgia 30004
CIN COUNCIL AGENDA ITEM
TO: City Council DATE: August 2 1,2007
FROM: Acting City Manager
AGENDA ITEM: Approval for City Clerk Jeanette Mstrchiafava to seme as Chief Municipal
Registrar and Absentee Ballot Clerk, and approval for Deputy City Clerk
Evyonne Browning to serve as Deputy Municipal Registrar
MEETING DATE: Thursday, September 6,2007Regular Meeting
BACKGROUND INFORMATION: (Attach additronai pages rf necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED
CITY ATTORNEY APPROVAL REQUIRED:
CITY ATTORNEY REVIEW REQUIRED:
YES
YES
() NOT APPROVED
(1 NO
II NO
APPROVAL BY CITY ATTORNEY () APPROVED () NO J APPROVED
PLACED ON AGENDA FOR:
REMARKS:
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, GA 30004
To: Honorable Mayor and City Council
From: Jeanette Marchiafava, City Clerk and Clerk of the Court
Date: August 21, 2007 for Submission onto the September 6, 2007 City Council
Meeting
Agenda Item: Approval for City Clerk Jeanette Marchiafava to serve as Chief Municipal
Registrar and Absentee Ballot Clerk, and approval for Deputy City Clerk Evyonne
Browning to serve as Deputy Municipal Registrar
CMO (City Manager’s Office) Recommendation:
Approval for City Clerk Jeanette Marchiafava to serve as Chief Municipal Registrar and
Absentee Ballot Clerk,and approval for Deputy City Clerk Evyonne Browning to serve as
Deputy Municipal Registrar.
Background:
The Georgia Election Code requires that the appointment of the Registrar be verified in the
Mayor and Council minutes, Code Section 21-2-212.
Code Section 21-2-380.1 provides for the appointment of an Absentee Ballot Clerk.
Discussion:
The appointments of these positions will be necessary for the upcoming Municipal election.
Alternatives:
N/A
Concurrent Review:
Chris Lagerbloom, Acting City Manager
City of Milton
13MO Deerfield Paikway,Suite 107, Milton, Georgia 30004
ClTY COUNCIL AGENDA ITEM
TO: City Council DATE: August 28,2007
FROM: Acting City Manager
AGENDA ITEM: Approval of a grant application to the Department of Momeland Security
for the Staffingfor Adequate Fire and Emergency Response (SAFER)
grant program for funding of three firefighters over a five year period.
MEETING DATE: Thursday, September 6,2007Regular Meeting
BACKGROUND JNFORMA TION: (Attach add~tionaipages ~fnecessary)
See attached memorandum
I
APPROVAL BY CITY MANAGER: ()(,APPROVED () NOT APPROVED
CIW ATTORNEY APPROVAL REQUIRED: ()YES #NO
CITY ATTORNEY REVlEW REQUIRED: ()YES NO
APPROVAL BY CITYATTORNEY ()APPROVED (1 NOTAPPROVED
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, Director of Operations
Date: Submitted on August 21, 2007 for September 6, 2007 Council Meeting
Agenda Item: Approval of a grant application to the Department of Homeland Security for the
Staffing for Adequate Fire and Emergency Response (SAFER) grant program for
funding of three firefighters over a five year period.
CMO (City Manager’s Office) Recommendation:
Adopt the attached resolution approving the submission to the Department of Homeland
Security’s Staffing for Adequate Fire and Emergency Response (SAFER) grant program
authorizing the request for funding of three firefighters and authorizing the Mayor to execute all
required grant documents should the grant be awarded.
Background:
The purpose of the SAFER Program is to award grants directly to fire departments to enhance
their abilities to protect first responders and the public by funding front line firefighters. The
primary goal and the intent of the program is to assist local fire departments’ staffing and
deployment capabilities in order to respond to emergencies, assuring that departments have
adequate protection from fire and fire related hazards.
Discussion
The SAFER grant process is a very competitive process with limited funds available to be
awarded to many agencies. The funding priorities as outlined by the Department of Homeland
Security are programs that comply with staffing, response and operational standards
established by the National Fire Protection Association (NFPA) and the Occupational Safety
and Health Administration (OSHA). Grant funding will be awarded to agencies who
demonstrate best the following criteria:
•Reduction in response time per NFPA 1710
•Economically meeting the NFPA standard of four personnel per apparatus
•Efficient and safer response
•Policy and practice of training personnel to be Firefighter I level within 6 months of hire
and Firefighter II level within 2 years
•Extra consideration will be given to agencies meeting the following supplemental criteria:
o Agencies who train personnel to minimum EMS levels
o Entry level physicals and immunizations as part of the hiring process
o Formal mutual aid agreements
o Applicants meeting the four personnel standard with the fewest number of
additional personnel
1
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
o Support of local governing body via letter of support or resolution
The City has taken possession of the quint apparatus and meeting NFPA staffing standards
requires twelve personnel to operate the apparatus. The fiscal year 2008 budget currently
includes funding for nine of the twelve and the grant funding request is for the remaining three
positions. A grant award requires a five year commitment to funding the personnel at a
graduated scale of matching dollars, outlined in the fiscal impact below.
The total five year funding cap per position is $105,425. This cap will fund an entry level
firefighter at a salary in year 1 of $35,000. The federal share of position funding over the five-
year period is as follows:
Year One – 90% of the actual costs or a cap of $37,950 (lesser of the two amounts)
Year Two – 80% of the actual costs or $33,730 (lesser of the two amounts)
Year Three – 50% of the actual costs or $21,080 (lesser of the two amounts)
Year Four – 30% of the actual costs or $12,665 (lesser of the two amounts)
Year Five – No federal share. All costs borne by the grantee
Funding and Fiscal Impact:
The request for federal funds of $105,425 per position to supplement three firefighter salaries
over the five year grant period are as follows:
FY 08 FY 09 FY 10 FY 11 FY 12 Total
Salary $ 105,000 $108,150 $ 111,395 $ 114,736 $ 118,178 $ 557,459
Benefits $ 37,800 $ 39,288 $ 39,369 $ 39,453 $ 39,538 $ 195,449
Total Grant $ 142,800 $147,438 $ 150,764 $ 154,189 $ 157,717 $ 752,908
Federal Share $ 115,455 $104,809 $ 62,160 $ 32,951 $ - $ 315,375
Milton Share $ 27,345 $ 42,629 $ 88,604 $ 121,238 $ 157,717 $ 437,533
The grant revenue and expenditures will be reflected in the fiscal year 2008 budget under the
operating grants fund. The matching funds will be represented in the fiscal year 2008 budget as
an interfund transfer from the general fund to the operating grants fund.
Alternatives:
Without the supplemental funding from SAFER for additional firefighters, the alternatives would
be to delay hiring of additional personnel for added apparatus until later budget cycles.
Concurrent Review:
Chris Lagerbloom, Acting City Manager
Charles Millican, Acting Public Safety Director
2
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____________________________
RESOLUTION NO. ______
COUNTY OF FULTON
STATE OF GEORGIA
A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY COUNCIL TO
APPROVE THE SUBMISSION OF A GRANT APPLICATION TO THE DEPARTMENT
OF HOMELAND SECURITY STAFFING FOR ADEQUATE FIRE AND EMERGENCY
REPSPONSE (SAFER) GRANT PROGRAM
BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting
on September 6th, 2007 at 7:00 p.m. as follows:
WHEREAS, the Department of Homeland Security makes available funding under the SAFER
grant program; and
WHEREAS, such funds are awarded directly to fire departments to enhance their ability to
protect first responders and the public by funding front line firefighters; and
WHEREAS, the primary goal of the SAFER grant program is to assist local fire departments’
staffing and deployment capabilities in order to respond to emergencies, assuring that
departments have adequate protection from fire and fire related hazards; and
WHEREAS, the City of Milton has applied for funding through this program; and
WHEREAS, the funding, if awarded, shall be utilized to hire three entry level firefighters with a
five year employment commitment; and
WHEREAS, evidence authorizing the acceptance of said application must be provided.
NOW, THEREFORE BE IT SO RESOLVED, this 6th day of September, 2007, by the Mayor
and Council of the City of Milton that the submission of the Department of Homeland Security
Staffing for Adequate Fire and Emergency Response Grant application is hereby approved; and
if awarded the Mayor is hereby authorized to execute the award package with directives under
the Department of Homeland Security.
Approved:
Joe Lockwood, Mayor
Attest:
Jeanette R. Marchiafava, City Clerk
(Seal)