HomeMy WebLinkAboutPacket-09-20-2007CITY 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 20, 2007 Regular Council Meeting Agenda 7:00 PM
INVOCATION - Jo Benson, Congregational Minister, Community of Christ Church
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Sons of the American Revolution)
(Agenda Item No. 07-367)
4) APPROVAL OF MEETING AGENDA (add or remove items from agenda)
5) PUBLIC COMMENT
6) REPORTS AND PRESENTATIONS
1. A Proclamation declaring September 17 through September 23, 2007 as Constitution
Week.
(Presented by the Sons of the American Revolution)
2. A Proclamation recognizing Councilmember Julie Zahner Bailey’s efforts on behalf of
Rivers Alive.
(Presented by Councilmember Tina D’Aversa)
7) CONSENT AGENDA
(Agenda Item No. 07-368)
1. Approval of the Financial Statements for the period ending August 2007.
(Carol Wolfe)
Page 1 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 20, 2007 - 7:00 PM
(Agenda Item No. 07-369)
2 Approval of the August 9, 2007 Work Session minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
8) ZONING AGENDA
(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)
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 (None at this time)
11) UNFINISHED BUSINESS
(Agenda Item No. 07-358)
1) 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)
(Agenda Item No. 07-359)
2) Approval of an Ordinance of the Mayor and Council to reaffirm the Emergency 911
Charge on Milton phone bills.
(Presented by Carol Wolfe)
Page 2 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA SEPTEMBER 20, 2007 - 7:00 PM
(Agenda Item No. 07-360)
3) 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)
12) NEW BUSINESS
(Agenda Item No. 07-370)
1) Approval of the July 2007 invoice for legal fees.
(Presented by Carol Wolfe)
(Agenda Item No. 07-371)
2) Approval of an agreement of Mutual Aid for Fire and Emergency Medical Services
between the City of Milton, GA and the City of Alpharetta, Georgia.
(Presented by Chris Lagerbloom, Acting City Manager and Public Safety Director)
(Agenda Item No. 07-372)
3) Approval of an agreement of Mutual Aid for Fire and Emergency Medical Services
between the City of Milton, GA and the City of Roswell, Georgia.
(Presented by Chris Lagerbloom, Acting City Manager and Public Safety Director)
(Agenda Item No. 07-373)
4) Approval of a Resolution Appointing a City Treasurer
(Presented by Chris Lagerbloom Acting City Manager and Public Safety Director)
13) MAYOR AND COUNCIL REPORTS
14) STAFF REPORTS
1) Update on Milton Roundup
(Agenda Item No. 07-374)
15) EXECUTIVE SESSION
To discuss personnel.
16) ADJOURNMENT
Page 3 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
_______________________
PROCLAMATION
WHEREAS, The Constitution of the United States, the guardian of our liberties, is a product of
reflection and choice, embodying the principles of limited government in a
Republic dedicated to rule by law, not by men and
WHEREAS, September 17, 2007 marks the two hundred and twentieth anniversary of the
drafting of the Constitution of the United States of America by the Constitution
Convention; and
WHEREAS, It is fitting and property to accord official recognition to this memorable
anniversary, and to patriotic exercises that will commemorate the occasion, and
WHEREAS, Public Law 915, guarantees the issue of a proclamation each year by the President
of the united States of America designating September 17th through September
23rd as Constitution Week.
NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby
dedicate and proclaim the week of September 17, 2007 through September 23, 2007 as
Constitution Week
And urge all citizens to study the Constitution and to
Express gratitude for the privilege of American citizenship
In our Republic, functioning under the superb body
of laws – The Constitution of the United States of America
Given under my hand and the Seal of the City of Milton, Georgia on this 20th day of
September, 2007
Joe Lockwood
Mayor
(Seal)
_______________________
PROCLAMATION
WHEREAS, The City of Milton, Georgia is a newly incorporated City in Fulton County, Georgia with
Rivers and tributaries running throughout the fifty square mile area that is the
incorporated City of Milton.
WHEREAS, Rivers Alive is Georgia's annual volunteer waterway cleanup event targeting waterways
in the State including streams, rivers, lakes, beaches, and wetlands. The Rivers Alive
mission is to create awareness and involvement in the preservation of Georgia's water
resources. This annual October event is sponsored by the Georgia Department of Natural
Resources.
WHEREAS, On October 27, 2007, 8:00 a.m. to 5:00, Council Member Julie Zahner Bailey of Bailey
Farm and Gardens will organize and host the Annual Rivers Alive Cleanup in the City of
Milton Riverways.
WHEREAS, The cleanup will include Little River and other waterways in Milton. Little River is a
threatened waterway in the Etowah Watershed and home to federally endangered
Cherokee Darter.
WHEREAS, This hands-on environmental education opportunity will teach young adults and older
citizens alike about the importance of taking care of local wetlands and waterways.
WHEREAS, Councilmember Julie Zahner Bailey has dedicated much of her adult life to the
preservation of our natural resources including the most precious waterways throughout
North Georgia.
NOW, THEREFORE, We, the Mayor and City Council of the City of Milton, hereby dedicate the
month of October officially as “Julie Zahner Bailey Rivers Alive Cleanup Month” for the City of Milton
Waterways.
Given under my hand and the Seal of the City of Milton, Georgia, on this 20th day of September,
2007,
Joe Lockwood
Mayor
(Seal)
City of Milton
13000 Deerfield %Way,Suite 107, Milton,Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: September 6,2007
FROM: Acting City Manager
AGENDA ITEM: Approval of the Financial Statements for the period ending August 2007
MEETING PATE: Thursday, September TO,2007 Regular Meeting
BACKGROUND INFORMA TION: (Attach addifionatpages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
/\
CITY ATTORNEY APPROVAL REQUIRED: o YES )(NO
CITY ATTORNEY REVIEW REQUIRED: () YES *NO
APPROVAL BY CITY ATTORNEY ()APPROVED (3 NOT APPROVED
FINANCIAL
STATEMENTS
Memo
Ta The Honorable Mayor and City Councilmembers
From: Carol Wolfe, Director of Operations
CG Chris Lagerbloom,Acting City Manager
Dan Drake, Public Works D i
Tami HanFin, Program Di-r
Staaq Inglis, Finance Manager
Jeanette Marchiafava, CiyrlCourt Clerk
Charles Millkn, Acting Public Safety Dimtor
Tom Wilson, Communty Development Dior
Date: 91512007
Re: Financial Status Report for Period I1 -August 2007
OVERVIEW and FINANCIAL HIGHLIGHTS:
The attached financial statements represent figures as of the close of period 11, August 2007. The
financial status report is indented to provide a current 'budget-to-actual revenue & expenditure status
each fund.
Genera!Fund
With 92% of the Cisten-rnonth fiscal year lapsed and operations in full swing, general fund
revenues have for the first time in the hcal year, begun to catch up to expenditures. Property
tax bills were mailed on August 3othand collection is well under way. Revenue sources that
are trending significantly higher than anticipated are local option sales tax, intangible tax,
alcohol beverage excise tax and investment earnings. Fine revenue 1s trending down due to
the time taken to move a fine through the court system. To date, add~tional court dates have
been added with the goal of a fine being processed through court within a 35 day perid.
Without consideration of property taxes, other revenue source collection is at 81.I%%.
Expenditures are tacking within anticipated levels, currently in total at 77% of budget.
Capital Pwct Fund
Expenditures within this fund continue to occur on a project-by-project basis. Whh a total
project expenditure budget of $3,540,657 and the last piece of fire apparatus received, capital
expenditures-to-date total $3,313,886.
FINANCIAL OPERATIONS:
free Replacement Fund: Balance: $0
Sidewalk Rewlacement Fund: Balance: $20,247
City d M[bn
General Fund
Statement of Rweaus. Expenditures, and Changes in Fud Balances -Budget and Actual
For the Period Ended August 3T, 2007
Original Variance with
Budgetd Flnal Final Budget -
Amounts Budgeted Amounts Actual Amounts Positive (Negative)
REVENUES
Taxes.
Property fax
Local Option Sales Tax
Bus~ness& Occ Tax
Motor Veh~cle Tax
Intangible Tax
Real Eszate Transfer Tax
Alcohol Beverage Excise Tax
HoteUMM Exclse Tax
Financial Institution Tax
Limses and Pennits
Intergovernmental
Charges for Sewice:
Franchise Fees
Other Charges for Service
FineslForfeihrres
lmestrnenl Earnings
Contributions and Donations
Mhar
Total revenues
EXPENDlTWRES
Current:
General government
Mayor and Cwncil
Clerk of the Council
City Manager
Legal Services
Municipal Court
Operations
Risk Management
Public Information
Opemfing Reserve
Total General Government
Pubic safety
Community Services
Economic and Community Development
Total expenditures
Excess of revenues over expenditures
WHER FINANCING SOURCES (USES)
Transfersout
Transfersin
Capital lease payment
TAN interest
COP principal
Sale of capiml asgets
Insurance proceeds
Total other financing sources and uses
Net change in fund balanms
Fund balances -beginning
Fund balances -ending
The accompanying notes to the financial statements are an integral part of this statement.
General Fund
Statement of Revenues, Expenditures, and Changes In Fund Balances -Budget and Actual
For the Period Ended August 37,ZOO?
Original
Budgeted Final
Varlance wRh
Final Budget -
Amounts Budgeted Amounts Actual Amounts Positive (Negative]
REVENUES
Taxes
Property Tax
Local Oplion Sales Tax
Business & Ow: Tax
Motor Vehicle Tax
IntangibleTax
Real Estate Transfer Tax
Alwhol Beverage Excise Tax
HoteVMotel Excrse Tax
Financ~al lnstitutton Tax
Llcenses and Penn~ts
Intergovernmental
Charges fw Semite:
Franchrse Fees
Other Charges for Senrrw
F~neslFarfe~tres
Investment Eam~ngs
Contributions and Donations
Other
Total revenues
EXPENDrnRES
Current
General government
Mayor and Cwncil
Clerlc of the Councrl
City Manager
Legal Services
Muniupal Court
Operanons
Risk Management
Public Informahon
Operating Reserve
Total General Government
Pubic safety
Community Services
Economlc and Communrty Development
Total expendires
Excess of revenues over expend~tures
OTHER FINANCING SOURCES (USES)
Transfers out
Transfers in
Capital lease payment
TAN interest
COP prinupal
Sale of mprtal assets
Insurance pmceeds
Total other linanclng sources and uses
Net change in fund balances
Fund balances -beginnrng
Fund balances -endbng
The accompanying notes to the financ~al statements are an integrat :part of this statement
City of Milton
Capital Project Fund
Statement of Revenues, Ependltures, and Changes in Fund Batances -Budget and Actual
For the Period Ended August 31,2007
Variance with
Final Final Budget -
Original Budgeted Amounts Actual Amounts Positive (Negative)
REVENUES
Charges for Service
Host Fees
Solid Waste Fees
Sidewalk Replacement Account
Total revenues
EXPENDITURES
Capital Outlay
Unalrocated:
Pubfic Safety
Comrnunrty Services -Public Works
Community S~N~C~S-Recreation & Parks
Total Capital Outlay
Excess of revenues over expenditures
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund
Lease Proceeds
Total other finanang sources and uses
Net change in fund balances
Fund balances -begfnning
Fund balances -ending
The accompanying notes to the financial statements are an Integral part of this statement.
City of MFlton
HotellMotel Tax Fund
Statement of Revenues, Ependitures,and Changes in Fund Balances -Budget and Actuar
As of August 31, 2007
Variance with
Original & Final Final Budget -
Budgeted Amounts Actual Amounts Positive (Negative)
REVENUES
Taxes
HotellMotel Taxes
Total revenues
OTHER FINANCING SOURCES (USES)
Transfers out to General Fund
Total other financing sources and uses
Net change in fund balances
$
5
S
25,497
(25,497)
(25,497)
$
S
S
30,248
(30,248)
(30,248)
$ 4.751
$ (4,7511
$ (4,751
Fund balances -beginning
Fund balances -ending
-- s -$ -$
The accompanying notes to the financial statements are an integral part of this statement.
City of Milton
Operating Grant Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances -Budget and Actual
As of August 31,2007
Variance with
Original & Final Final Budget -
Budgeted Amounts Actual Amounts Positive (Negative)
REVENUES
Intergovernmental Revenues
State Grant -Operating Cat-Indirect
Total revenues
EXPENDITURES
Capnal Outlay
Commune Development
Total Capital Outlay
Excess of revenues over expenditures
OTHER FINANCING SOURCES (USES)
Transfers in fram General Fund
Total other financing sources and uses
Net change in fund balances
Fund balances -beginning
Fund balances -ending
The accompanying notes ta the financtal statements are an ~ntegral part of this statement
City of Milton
Capital Grant Fund
Statement of Revenues,Ependitcrres,and Changes in Fund Balances -Budget and Actual
As of August 31, 2007
Variance with
Original 8 Final 'Final Budget -
Budgeted Amounts Actual Amounts Positive (Negative)
REVENUES
IntergovernmentalRevenues
State-Capital-Indirect Grant
State-Capital-D~rectGrant
Total revenues
EXPENDITURES
Capital Outlay
Public Safety
Community Services -Public Works
Community Sewices -Recreation & Parks
Total Capital Outlay
Excess of revenues over expenditures
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund
Total other financing sources and uses
Net change in fund balances
Fund balances -beginning
Fund balances -ending
The acwrnpanylng notes to the financial statements are an integral part of this statement.
The Minutes will be provided
electronically.
City of Milton
13000 M~eldParkway,Suite 107, Milton, Georgia 3M104
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: September 6,2007
FROM: Acting City Manager
AGENDA ITEM: Approval of RZO7-010-1394 1-13945 Highway 9 North, to develop the
(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.
MEETING DATE: Thursday, September 20,2007Regular Meeting
BACKGROUND INFORMATION: (Attach addit~onalpagesrf necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () NOT APPROVED
/
Cl TY ArrORNEY APPROVAL REQUIRED:
CITY ATTORNEY REVtEW REQUIRED: 0 YES
APPROVAL BY ClTY ATTORNEY ()APPROVED (1 NOTAPPROVED
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
A
CityofMilton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: September 6,2007
FROM: Acting City Manager
AGENDA ITEM: Approval of ZM07-003NCO7-009 -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 my residential
building, adjoining property line or street. (Article 19.3.12.B.3).
MEETING DATE: Thursday, September 20,2007Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
ClTY ATTORNEY APPROVAL REQUIRED: 0 YES #NO
CINATTORNEY REVIEW REQUIRED: () YES C NO
APPROVAL BY CITYATTORNEY ()APPROVED ($ NOT APPROVED
PLACED ON AGENDA FOR: 04 20 2007
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)
9/13/2007 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)
9/13/2007 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)
9/13/2007 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)
9/13/2007 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)
9/13/2007 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)
9/13/2007 Page 6 of 6
ZM07-003/VC07-009
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
ClN COUNCIL AGENDA ITEM
TO: CQ Council DATE: September 13,2007
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 severat items of revenue anticipations,
prohibiting expenditures to exceed appropriations, and prohibiting
expenditures to exceed actud funding available
MEETING DATE: Thursday, September 20,2007 Regular Meeting
BACKGROUND INFORMA TION: (Attach addrtronal pages if necessary)
See attached memorandum
I
APPROVAL BY CITY MANAGER: APPROVED
['
CEJYATTORNEY APPROVAL REQUIRED: OMS
CITY ATTORNEY REVlEW REQUlRED: ()YES
() NOT APPROVEDMNO
KNO
APPROVAL BY CITY ATTORNEY ($APPROVED () NOTAPPROVED
rn?2 I
City of Milton"? v-\
\ 8Per
City of Milton. Georgia
Fiscal Year 2007
Summary of Departmental 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 ate 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. Property Tax -$45,500
This increase is justified by having received
the actual tax digest figures.
Expenditure Increases/ Decreases:
I. Decrease in stipend accounts -
($4,000)
2. Legal Sewices -$60,000
3. Public Works -$3,000 for water
utility expense
4. Public Safety Admin -($36,000)to be
transferred to the Capitat Project
Fund for purchase of fire vehicle
5. Public Safety Fire -($40,000)transfer
out to Police division
6. Public Safety Police -$40,000
received from Fire division
Changes in Interfund Transfers:
1. Increase in Transfer to Capital 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 k $13,181,837.
Fiscal Year 2007 Budget Adjustment #2
Begmmng Fund Balance:
$ 6,913,642
Alcohol Beverage Tax
Business 8b Occupation Tax
Financial Institution Tax
Motor Vehicle Tax
Real Estate Transfer Tax
hcenses 8a Perrmts
Intergovernmental
Charges for Service -Franchise Fees
Charges for Service -Other
tlons & Donations
Community Development
Community Servlces -Public Wwks
Commun~tyServ~ces-Rec 8a Parks
Munic~palCourt
Operations -Finance
Operations -FIR
Operations -IT
hgram Manager
Public Infwmation
Publlc Safety
Non-Dewmental
Contribution to Operating Reserves
Subtotal: $
278,039
5,594,999
194,000
246,894
12,640,443
Other F~nancmgUses:
Cap~talLease Payment
TAR lnterest
9
150.000
I JFTransfer to Capital Project Fund
I/F Transfer to Capltal Grant Fund
I JFTransfer to Operating Grant find
Subtotal Other Financ~ngUses:
Total Expenditures
$
$
386,000
4,394
4,000
544,394
13,184,837
LFund Balance, September 30 $
Capital project funds are used to track
revenue and expenditure associated with
capital censtmction, 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:
Revenue Increases/Decreases:
1. Interest -$28,232 interest earned
on capital lease proceeds
Expenditure Encreaaes/Deereases:
2. Capital Outlay -$36,000 for
purchase of fire pick-up truck
Changes in Interfund Transfers:
1. Increase in Transfer in from
Fiscal Year 2007 Budget Adjustment #2
Capital Project Fund
Statement of Revenues and Expenditures
RECOMMENDED
2007
Beginning Fund Balance: $
Revenues:
Charges for Se~ces 250,000
Interest 28,232
Subtotal: $ 278,232
Other Financing Sources:
I/ F Transfer from General Fund 3 386,000
Capital Lease Proceeds $ 3,169,794
Total Other Fmancing Sources. S 3,555,794
Total Revenue: S 3,834,026
Expenditures:
Capital Outlay 3,s12,765
$3
General Fund -$36,000 Contingency for Projects 21,261
Total Expenditures: $ 3,834,026
New Capital Project Fund Revenue and
Expenditure Budget is $3,834,026. Fund Balance, June 30 $
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.
The financial statement to the right
represents the recommended
adjustments to the Operating grant
fund budget as follows:
Expenditure Increases/Decreases:
1. Increase in Crabapple update
using stipend transfer -$4,000
Changes in Interfund Transfers:
1. Addition of an interfund transfer
from the General Fund -$4,000
New Operating Grant Fund Revenue
and Expenditure Budget is $19,000.
Fiscal Year 2007 Budget Adjustment #2
Operating Grant Fund
Statement of Revenues and Expenditures
REVISED
BUDGET
FY 2007
Beginning Fund Balance: $
Revenues:
Intergovernmental -Crabapple Update
Contributions & Donations
Subtotal:
15,000
$ 15,000
Other Financing Sources:
I/F Transfer from General Fund
Subtotal Other Financing Sources:
Total Revenue:
$ 4,000
$ 4,000
$ 19,000
Expenditures;
Crabapple Update $ 19,000
Total Expenditures: $ 19,000
Fund Balance, September 30 $ --
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
capitaJ grant fund are an 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 grant fund
budget as follows:
Revenue Increases/Deereases:
1. Decrease in transportation
grant -($500,000)
2. Decrease in Fireman's Fund
grant match actual award -
$78,864)
3. Decrease in Assistance to
Firefighter's Grant based on
partial non-award -($350,000)
Expenditure Increases/Decreases:
I. Expenditure decrease of the
same amount as above in the
revenue section -($928,864)
Changes in Interfund Transfers:
Capital Grant Fund
Statement of Revenues and Expenditures
REVISED
BUDGET
FY 2007
Beginning Fund Balance; $
Revenues:
En tergovernmental
Contributions & Danations
Subtotal: $
198,498
10,000
208,498
Other Financing Sources:
I/F Transfer from General Fund
Subtotal Other Financing Source
Total Revenue:
$
s: $
S
4,394
4,394
212,892
Expenditures:
Capital Outlay $ 212,892
Contingency for BroJects
Total Expenditures: $ 212,892
Fund Balance, September 30 $
1. Decrease in Transfer from Genera1 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 is $212,892.
Fiscal Year 2007 Budget Adjustment #2
COMBmG FraANCW STATEMEMT OF REVENUE AND EXPEWOITURES
Capital Operating Capital HotelfMotel Total
General Fund Projects Fund Grants Fund Grants Fund Fund Government
Revenues:
Property Taxes
L.0.S.T
Alcohol Beverage Excise Tax
Business Ba Occupation Tax
Financral lnstltutlon Tax
HotelJMotel Tax
Intangble Tax
Motor Vehicle Tax
Real Estate Transfer Tax
Licenses & Permits
Intergovernmental
Charges for Semce -Franchise Fees
Charges for Service -Other
Flnes 86 Forfe~tures
Contnbutlons 86 Donahons
Miscellaneous
Interest 78,000 -$ 78,000
Subtotal: $ 13,159,340 $ 250,000 s 15,000 $ 208,498 $ 25,497 $ 13,658,335
Other Flnanang Sources:
Interfund Transfer In -General Fund $ -$ 386,000 $ 4,000 d 4,394 S -$ 394,394
Interfund Transfer In -Hotel/Motel Fund 25.497 25,497
ly --11111 -,--,---7-.--111 1
Total Other Financing Sources. $ 25,497 $ 3,526,657 $ 4,000 $ 4,394 $ -$ 3,560,548
Total Revenues. -$ 13,184,837 $ 3,776,657 $ 19,000 S 212,892 $ 25,497 $ 17,218,883
Expenditures-
Mayor and Council
City Manager
City Clerk
Community Developmen?
Community Services
Legal Services
Munlclpal Court
Optrabons
Pubhc Information
Public Safety
Non-Dewartmental
Conbngency 246,894 21,261 -$ 268,155
Subtotal $ 12,640,443 $ 3,776,657 $ 19,000 $ 212,892 $ -$ 16,648,992
Other Financ~ngUses:
tnterfund Transfer Out -General Fund $ -$ -$ -$ -$ 25,497 $ 25,497
Interfund Transfer Out -Capltal Project Fund 386,000 -$ 386,000
Interfund Transfer Out -Capltal Grants Fund 4,394 -$ 4,394
Interfund Transfer Out -Operating Grants Fund 4,000 -$ 4,000
Lease Payment -$
Tax Anticlpabon Note Interest 150,000 $ 150,000
Bond Principal Fire Station Debt -$
Total Other Financing Uses $ 544,394 $ -8 -$ -$ 25,497 $ 569,891
Total Expend~tures: -$ 13,184,837 $ 3,776,657 S 19,000 $ 212,842 $ 25,497 S 17.218,883
FUND BWCE $ -b -1 -$ -$ -$
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: September 13,2007
FROM: Acting City Manager
AGENDA ITEM: Approval of an Ordinance of the Mayor and Council to reaffirm the
Emergency 91 1 Charge on Milton phone bills.
MEETING DATE: Thursday, September 20,2007Regular Meeting
BACKGROUND INFORMA TION: (Attach addit~onalpages rf necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: I I YES q NO
ClNA770RNEY REVEW REQUIRED: ()YES RNO
APPROVAL BY CITY ATTORNEY (1APPROVED (1 NOTAPPROVED
PLACED ON AGENDA FOR: 0q 20 2-7
REMARKS:
_________________________ ________________________
_________________________ ________________________
_________________________ ________________________
_______________________________
STATE OF GEORGIA ORDINANCE NO. 07-09-43
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 20th day of September, 2007
CITY OF MILTON, GEORGIA
By: ________________________
Joe Lockwood, Mayor
Karen Thurman, Council Member Julie Zahner Bailey, Council Member
Bill Lusk, Council Member Neil O’Brien, Council Member
Tina D’Aversa, Council Member Rick Mohrig, Council Member
(SEAL)
Attest:
Jeanette Marchiafava, City Clerk
< -CityofMilton
13000 Dewfield Parkway,Suite 107, Milton, Gmrgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: September 6,2007
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 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
expenclitures to exceed actual Wing available.
MEETING DATE: Thursday, September 20,2007Regular Meeting
BACKGROUND lNFORMA TION: (Affach additional pages if necessarl)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: YES $&
CITY ATTORNEY REVIEW REQUIRED: fl YES pi0
APPROVAL BY ClJY ATTORNEY ()APPROVED (3 NOT APPROVED
City of Milton
13000 Deerfield Parkway, Suite 100, Alpharetta, Georgia 30004
September 20, 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 48.4% $8,600,544
Local Option Sales Tax 23.2% $4,123,154
Fines & Forfeitures 6.4% $1,130,559
Franchise Fees 6.2% $1,100,000
Business Occupation Tax 3.7% $ 650,000
Representing 65.1% of total general fund expenditures, the top five general fund expenditures by
department are:
Public Safety 42.4% $6,437,128
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
09/13/2007
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 $485,602. 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
09/13/2007
•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
09/13/2007
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 $6,437,128. 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
09/13/2007
•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 $27,345 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
09/13/2007
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
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
09/13/2007
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
09/13/2007
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
$
$
8,600,544
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
17,732,585
Other Financing Sources:
Hotel/Motel Tax
Subtotal Other Financing Sources:
Total Operating Revenue:
$
$
25,497
25,497
13,139,337
-
$
$
52,000
52,000
17,784,585
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
485,602
1,273,886
1,753,254
418,063
180,000
448,565
751,832
118,741
1,401,641
309,440
82,360
6,437,128
236,030
530,000
15,188,656
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
27,345
2,595,929
17,784,585
Fund Balance, September 30 $ -$ -
9
09/13/2007
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
09/13/2007
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
09/13/2007
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
09/13/2007
(Y City of Milton
23000 Deerfield Parkway,Suite 107, Milton, Georgia 30004
CIN COUNCIL AGENDA ITEM
TO: City Council DATE: September 6,2007
FROM: Acting City Manager
AGENDA ITEM: Approval of the July 2007 invoice for legal fees.
MEETING DATE: Thursday, September 20,2007Regular Meeting
BACKGROUND INFORMA JION: (Attach add~f~onalpages H necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED I)NOT APPROVED
ClTY ATTORNEY APPROVAL REQUIRED:
CIW ATTORNEY REVIEW REQUlREDr {]YES )(NO
APPROVAL BY ClTY A7TORNEY ()APPROVED 1).NOT APPROVED
PLACEDONAGENDAFOR: 04 20 2007
REMARKS:
A
p" City of Milton
-.LA
--.---'p@, -$ 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004
\-*
To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, Director of Operations
Date: Submitted on September 5, 2007 for September 20, 2007 City Council Meeting
Agenda Item: Approval of July 2007 Invoice for Legal Fees
CMO (City Manager" Oflice) Recommendation:
Approve the payment of legal fees per the attached invoice in the amount of $26,169.49.
Background:
The City receives a monthly invoice from Sarrard and Davis for legal services rendered to the
City by Mark Scott, the City's attorney. The invoice also includes other legal support services
rendered by Jarrard & Davis as well as fees incurred due to the use of external legal entities.
Discussion:
The legal invoice is detailed by project and where applicable by department. Each month, staff
will review legal fees associated with the respective projeddepartment and the department
director is responsible for approving the hours spent on the project or entering info a dialogue
with the City Attorney regarding dispute of the fees.
Once the legal invoice reaches the City Council on the third Thursday agenda of each month,
the staff-related projects will be approved or the invoice will have been adjusted. Council will
then be responsible for approving council-related legal fees.
The following list represents the billed hours needing council approval in order to remit payment
for the July 2007 invoice:
A
CityofMilton---" .-
'p3 ) 13CQ0 Deerfield Parkway Suite 107G Milton, Georgia 30004
* %-\
insurance premium tax; telephone conversation with Linda Brooks of
A
P/- tfi City of Milton-.-- --. --
130Nl kfield Parkway Suite 107G Milton, Georgia 30004
a&"
issues with Ethics ordinance; telephone conversation with Ethics Board
member Susan Campbell re: issue she spotted with Ethics Ordinance
which needs further amendment. Review correspondence fmm Attorney
ethics ordinance and board by-laws
711OQ007 Receipt and review of email from Commissioner Riley re,county
moratorium on sign permits and relationship to Fulton and Milton sign
litigation
711 112007 Draft letter to attorney Adam Webb in response to statements made in his
letter ta attorney Laurel Henderson re: settlement demand for Covenant
Media v. City of Milton case
7124102007 Receive and review email correspondence from Joan Wunderle re: slatus
of SIX Hills l~tigat~on, provide reply re: status of motion to dismiss and
answer
, 7/72/2007 'Meeting with Attorney Ken Jarrad re:city of Milton investigation Fssues
and researchlreview felony statue on fraudulent concealment in response
to Council Member O'Brien's request, telephone conversation re: same
with Council Member Q'Brien and ernail copy of statutory section
0.38 45.00 12
08.80 120.00 13
40.00 60.00 13
105.00 17
0.70 I
- - - - -- - - - f" City of Milton
'F--it
% 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004
>.
Through a second fiscal year 2007 budget adjustment, the amended budget for legal fees is
$230,000. Upon payment of this invoice, the total expenditures for legal fees will $153,374,
leaving a balance of $76,626. With 75% of the year billed for legal services, the expenditures
represent 66.7%of budget.
Alternatives:
None identified.
Concurrent Review:
Joe Lockwood, Mayor
Tami Hanlin, Community Services Director
Chris Lagerbloom, Public Safety Director
Jeanette Marchiafava, CitylCourt Clerk
Tom Wilson, Community Development Director
A Limited Liabifity Pamemhip
TELEPHONE:
678 455.7150Kna E.JARW 105 Pilgrim VillagenDrive, Suite 200
FACSIMILE: 678.455.3149ANGELA E,DAVIS Curnrning, Georgia 30040DALER."BUBBA"S m u WRITER'SE-MAIL:
JOSEPH C. PEAKE,nI ADAVIS@~DAVIS.COM
PAULN.HIGBEL JR. OFCOUNSEL:PAULJ. QZKOWSKI CHRISTOPHERD. BALCH MARK E. SCOT-
August 17,2007
PERSONAL AND CONFIDENTIAL
ATTORNEYJCLIENT PRIVILEGED COMMUNICATION
Mr. Kyle Jones
City of Milton
13000 Deefield Parkway
Building 100
Alpharetta, GA 30004
Re: City of Milton Invoice
Dear Mr. Jones:
Please find enclosed our fee statement for services performed in Jdy in connection with
representation for the City of Milton. I have also enclosed a spreadsheet detailing the charges by
Department. The total balance for these matters is $26,169.49. Please return your payment on or
before September.5,2007.
Thank you for the opportunity to be of sewice. Please do not hesitate to contact me if
you have any questions.
Sincerely,
JARRARD & DAVIS, LLP
Angela E. Davis
---
--
---
CITY OF MILTON -JULY 2007 INVOICE
MAlTER
City of M~lton -General
Clty Manager
Covenant Media
Ethics Board
Community Development Department
Community Sedces -General
Eng~neering& Puh11cWorks
Operations -General
JARRARD & DAVIS
A Limited Liability Partnership
105 Pilgrim Village Drive, Suite 200
Gumming, GA 30040
Phone: 678-455-7150
PAWWEKT DUE UPON RECEIPT-THANK YOU!
,
DEPARTMENT DEPT. FILE NO. AMOUNT DUE
Clty 1500 M-0003-1500 $10.875 67
cl@ 1500 MOO18-1 500 $7,425.00
city 1500 M-0007-1500 $800.01
City 1500 Ma017-1 500 $3.285.00
Balance for Department 1500 -Board $22,385.68
Community Development 1630 M-0015-1630 $1,638.22
Bafanoe for Depar!ment 1630 -Community Development $T ,638.22
Qrnmunfty Services 3150 M-00063150 , 5990.59
CommunA@Services 3150 M-0009-3150 3270.00
Balance for Uepahent 3150 -Community Services $1,260.59
M-0011-1000
BaFanea for Department ID00 -Operations
, .> . '
TOTAL DUE FOR PROFESSIONAL SERVICES RENDERED 126,169.49
Page lof 1
Tarrard & Davis
105 Pilgrim \Wage Dnve, Szllte 200
Cumming, Gh 30040
Phone 678-455-7150
Facslmde 678-455-7149
August 13,2007
City of Milton
Attn: Kyle Jones
13000 Deerfield Parkway
Building 100
Alpharem GA 30004
Re: Citv of Milton -General
Law Firm File # M-0003-1500
FOR PROFESSIONAL SERVICES RENDERED JULY 1,2007 THROUGH JULY 3 1,2007
SERVICES:
DATE NAME DESCRIPTION HOURS AMOUNT
--
7/2/2007 ME3 Receipt and review of multiple agenda items for 7/12 agenda for City @ 1.80 270.00
Attorney rwiew and approval.
MES Telephone conference with Council Member Thurman regarding question 0.20 30.00
on ehcs issue.
7/3/2007 MES Telephone conference with Richard Carothers regarding Ethlcs Board 1.50 225.00
issues; report on Cole Complain&scheduling and issues of conflicts in
by-laws and ordinance, evidence needed and progress in Moheb
Complaint;review multiple emails and multiple telephone conferences with
clerk and staff regarding scheduhg of ethics meeting and logistics thereof
MES Review mail from Aaron Bovos regardmg Etd gfts agreement; review,
analyze and revise agreement for fmal form and transmit back. k
0.40 60.00
MES Receipt and review of email from Attorney Amy Taipalus regardmg
consent to sign final judgment and reply with same.
7J5J2007 MES Receipt and review and reply to multiple emails &om Richard Carothers 2.50 375.00
regarding ethics hvestigations, provide dditiond factual information,
review multiple emds and multiple telephone conferences regatrlmg ethics
board scheduling is sues. Telephone call with City Clerk Matchiafava
regardmg notice of meeting and open meetings question regarding possible
executive session, legal research of statute regarhg same, prepare mail
2 City of Milton Page
City of Milton -General
message to mayor, manager and Carol \Volfe regarding same, telepho
conference with Carol Wolfe regarding same.
7/6/2007 MES Receipt and review of fmal judgment in Statham matter to be fled with
Court
7/9/2007 MES City Council Pre-Meetkg with City Staff and Councilwoman Zahner
MES Meeting with City Clerk Matchafava regarding worhg of pubEc notice
regarding council work session with organizational psychologist and related
courtJcityissues.
MES Telephone conference with Ethics Board Member Susan Campbell
regaiding scheduling and logistical issues.
ME City Council pre-Meeting with council members Thurman, D'Aversa wd
Owed
ME Meeting with Tom 1ViIson regarding Community DeveIopment issues.
7/f 0/2007 MES Multiple Telephone conferences with council members O'Brien,Lusk,
Thurman, Mohng and Mayor regarding missing document issue.
MES Receipt and review of emad correspondence from Council Member
O'Brien regarding executive session rationale, follow up telephone
conversauon with him regarding open meetings exceptions
hlES Legal Research regarding statutes implicated by possible missing document.
7/11 J2007 KEJ Lengthy Telephone conference with Councilman Neil O'Brien regarding
various City of Milton legal issues.
MES Receipt and review of request from city manager regarding opinion as to
ethical propriety of counul member asking executive aide to obtain copie
of campaign expense reports and provide response hb
7/12/2007 MES Legal Research and prepare opinion in response to email froin City
Manager regarding question on invocations and establishment clause is
prompted by news article on Cobb County case. 3-M
MES Prepate for and attend City Council work session and meeting. G.3
7/13/2007 KEJ Telephone call to Mayor Joe Lockwood regarding various City of Milton
legal matters. g7
MES Prepare for and attend meeting with City Manager re: review of
projects and work product
-
City of MiIton
City of MiIton -General
7/ 16/2007 MES Travel to/from and meeting with Lynne Riley and incoming County 1.70
Attorney Gerry CIark regarding introduction and discussion of billboard
and insurance premium tax/fund balance issues.
MES Draft emd correspondence/exchange with City Mmager Aaron 0.40
regasdmg scheddng of meeting with Insurance Commissioner on
Premium Tax issue, results of meeting with new county attorney.
-It.
MES Draft emad to mayor and all cound members regarding results of meeting 0.10
with incoming Fulton County Attorney Gerry Clark.
MES Receipt and seview of ABC news on he article about industria1
psychologists and report of City of Milton's use thereof.
7/18/2007 MES Numerous telephone conferences with Gty Councilmembers Thurman, 1.40
O'Brien, Lusk,Mohrig and Mayor regarding insurance premium tax issue
and related personnel issues.
7/19/2007 MES Telephone conference with cound members Mohrig, O'Brien and Lusk, 1.40
and Planning Commission member Fred Edwards regarding Skip Gray.
MES Receipt and review emails from City manager and respond regarhng
AT&T franchise agreement and effect of House BlEl227.
ME5 Receipt and review of draft Chapter 18, assemblage in public places 1.70
ordinance, review Bo Fancy v. Rabun County case regarding impact on text
of ordmance, prepare email to City Manager regardmg opinion that
ordinance must include granting of permit as default if there is no &
response; review additional emails regarding departmend approvals. h%
7/20/2007 MES Telephone conference with Council Member D'Aversa regarding meeting 0.30
with North Fulton Community Improvement District members and
discuss Insurance Premium Tax issue.
MES Travel to/from and meetingwith North Fdton Community Improvement 2.20
District representatives regatding resolution to join district, MiIton
properties contained in dismct and related issues.
ME3 Receipt and review and respond to emails from Gty manager regardmg 0.50
insurance premium tax issue and scheduling of meeting with Insurance
Commissioner.
7/23/2007 MES Review sole source letter from city derk regarding BTS digital procurement 0.50
issue and provide opinion
KEJ Telephoee conference with Mayor Joe Zockwood regarding various City of 0.30
Wton legal issues.
La
City of Milton Page 4
City of Milton -General
7/23/2007 KEJ Meeting with Attorney Mark Scott to discuss various ethics concerns and 0.70 105.00
ather City of Milton legal issues. Telephone conference with MayorJoe
Locbood regarding same.
3'6/
7/24/2007 MES CompIete legal reseatch and drafting of opinion letter and analysis of 3.80 570.00
insurance premium tax; follow up telephone conversation and emails with
Aaron Bovos regarkg same; telephone conversation with Linda Brooks
of Insurance Commissioner's office;telephone conversation with
RepresentativeJones regarding same.
J Revise lengthp correspondence to the City Cound re@g Insurance 0.30 45.00
Tax Premiums.
7/25/2007 MES Receipt and review emad from Legislative counsel regarding rwiew and 0.50 75.00
comments on opinion letter on insurance premium tax;revlse letter to
include comments and transmit to mayor, council and city manage.
MES Receipt and rwiew email from Council Member D'Aversa regarding legal 0.20 30.00
import of Crabapple master plan and draft response.
MES Receipt and review of AT&T side letter to franchise agreement and rep 45.00
to Aaron Bovos regarding approval.
1%
MES Legal restarch and draft outline for amendments to Chapter 8 regardin 1.20 180.00
firearms issue.
7/26/2007 MES Receipt and review of agenda items for August 2 council meeting, 0.80 120.00
attorney approval.
MES Telephone conferences with council members Lusk, Mohrig and OBrien 1.50 225.00
regarding response to possible loss of insurance premium tax revenues and
related issues.
MES Review and revise City Ethics ordinance with comments and suggestions 1.80 270.00
of ethics board members
7/27/2007 ME Receipt and review email correspondence from council members %urnan 0.80 120.00
and Zahner:Bailey regarding insutance premium tax questions; rwiw
statute for response, draft response.
7/28/2007 MES Telephone conference with Tom Wilson regardkg attendance at executive 0.50 75.00
session.
7/30/2007 KEJ Telephone conference with Julie Bailey and Tina D'Aversa regarding 1.00 150.00
various Milton City Council issues.
Total For Selvices 52:42:00 $7,905.00
City of Milton Page 5
City of Milton -General
DISBURSEMENTS:
QTY
7/2/2007 Postage 1 6.03
Postage 1 1.48
Westlaw Research
Wesdaw Research
Westlaw Research
Wes tlaw Research
\Vestlaw Research
7/5 /2007 Wesdaw Research
7/6/2007 Copying cost @ -10 per copy 4 0.40
Copying cost @ -10 per copy
7 /10/2007 Westlaw Research
7 /12/2007 Westtaw Research
7/19/2007 Postage
Copying cost @ -10 per copy 8 0.80
Legal semices June 2007 -Carothers & Mitchell, LLC, regarding ethics compht. 1 2,910.00
7 /23/2007 Westlaw Research 1 5.35
7/25/2007 Westlaw Research 1 2.6 1
7 /27/2003 Westlaw Research 1 2.69
Disbursements Total
Balance Dae
- -
- -
Tarrard & Davis
105 Pilgrim Village Drive, Suite 200
CYmming, GA 30040
Phone 638-455-7150
Facsimile 678-455-7349
August 13,2007
City of Milton
Attn: Kyle Jones
13000 Deerfield Parkway
Building 100
Alpharetta GA 30004
Re: Citv Manager
Law Firm Fife# M-0018-1500
FOR PROFESSIONAL SERVICES RENDERED JULY 1,2007 THROUGH JULY 3 I, 2007
SERVICES:
DATE NAME DESCRIPTION HOURS AMOUNT
7/27/2007 MES TeIephone conferences with Mayor and councl members Lusk, Mohrig
and OBrien re@ng city manager issues and call for meeting and
executive session.
2.90 435.00
MES Draft agenda and notice of special called meeting, draft resolution and
agreement regarding city manager issues, telephone conversations with City
Clerk regardmg logistics of special called meeting,conferences with
Attorney Ken Jarrard regardmg issues for executive session and city
manager issues.
3.20 480.00
7/28/2007 MES Telephone conferences with Council Members Mokng, O'Brien and Lusk
regardmg city manager issues,
2.20 330.00
AED Telephone conference with Attorney Ken Jarrard regarding executive
session regardmgiiaron Bovos and position of CouncilmembersJulie
Zahnes Badep and Tina D'A~ersa.Telephone conference with attorney
Mark Scott regarding circumstances and concerns regarding Mr. Bovos.
0.40 50.00
7/29/2007 MES Meeting with City Council members Mohrig, Thurman and Lusk regarding
preparation of questions for executive session on personnel issues;
multiple telephone conversations with Council Members Mohrig,
Thurman, Lusk and O'Brien regarding same
4.70 705.00
AED Review Aaron Bovos Employment Agreement. Emad correspondence
with attorney Mark Scott regarding same.
City of Mil ton
City Manager
Page 2
7/30/2007 MES Amend Clq Council executive session on personnel issues. 14.30 2,145.00
AED Review contract, applicable law, charter, and legal research. Attend
executive session meeting. Telephone conferences with attorney Mark
Scott regatding drafting Separation Agreement.
16.20 2,430.00
7/31/2007 MES Draft initial separation agreement for city manager and letter of transmittal. 2.20 330.00
hlES Multiple telephone conferences with council members Thurman, O'Brien,
Lusk and Mohrig regarding follow up questions on executive session and
personnel issues, email correspondence regadng same with mayor and
Council member D'Aversa.
1.70 255.00
ED Conference with attorney Mark Scott. Review and revise Separation
Agreement regarding Aaron Bovos. Receipt and review correspondence
from Aaron Bovos. Telephone conference with attorney Mark Scott
regarding developments.
Total For Services
Balance Due
Jarrard & Davis
il Limited Limbih~tPmcship
105 Pilgrim Trillage Drive, Suite 200
Cumrmng,GA 30040
Phone 678455-7150
Facside 678-455-7149
August 13,2007
City of Milton
Am: Kyle Jones
13000 Deerfield Parkway
Building 100
Alpharetta GA 30004
Re: Covenant Media
Law Firm File # M-0007-1500
FOR PROFESSIONAL SERVICES RENDERED JULY 1,2007 THROUGH JULY 3 I, 2007
SERVICES:
DATE NAME DESCRIPTION HOURS AMOUNT
7/20/2007 h4ES Meeting wih Attorney Laurel Henderson at City Hall, coordinate affidavits 2.40 360.00
of staff, obtain copies of documents for summary judgment motion,
discuss legal strategy, meet with Community Development Staff and City
Clerk regardmg issues for motion.
7/26/2007 MES Receipt and review of plaintiffs response to mo6on for judgment on the 0.70 105.00
pleadings, review and analyze merits of arguments, telephone conversation
with Kelly Mundley regarding the same.
3/3 1/2007 MES Telephone conference with attorney Laurel Henderson regarding calendar 2.20 330.06
call and appearance in front of fudge Manis, review summary judgment
motion and attachments; review multiple documents received re: pleadings
and submissions to court.
Totd For Services
DISBURSEMENTS
7/18/2007 Westlaw Research
Disbursements Total
City of Milton
Page 2
Covenant Media
Balance Due $800.01
- - Tarrard & Davis
A Limited L~nbiL? Pmncrsllip
105 Pilgrim Village Drive, Suite 200
Cdg, GL-k 30040
Phone 678-455-7150
Facsimile 678455-7149
August 13,2007
City of Milton
Am: Kyle Jones
13000 Deerfield Parkway
Building 100
Alpharetta GA 30004
Re: Ethics Board
Law Firm File # M-0017-1500
FOR PROFESSIONAL SERVICES RENDERED JULY I, 2007 THROUGH JULY 3 1,2007
SERVICES:
DATE NAME DESCRIPTION HOURS AMOUNT
7/2/2007 ME3 Receipt and rwiew of letter from Richard Carothers regarding trial 2.50 375.00
calendar for 7 J9,email exchange with him regarding same; emails and
telephone conferences with City Clerk regardmg ethics board scheduling
issues, multiple telephone conferences with ethlcs board Chair regarding
scheduhg, review emad from city clerk regarding ethics board agenda;
mail exchange with Richard Carothers regarding Ethics Board issues.
7/6/2007 MES Receipt and review of tmd correspondence regarding schedulkg of ethics 0.60 90.00
hearing on O'Brien and Lusk matter.
7 /10/2007 M'ES Telephone conference with Attorney fichard Carothers regarding ethics 0.50 75.00
board, hearing issues and missing document legalities.
\
MES Multiple telephone conferences and ernail exchanges with City Manage 1.20 180.00
and City Clerk regarding Illissing document.
7/13/2007 MES Receipt and review of multiple emd messages from Richard Carothers and 2.80 420.00
council members Thurman, O'Brien and Lusk regardmg issues of ethics
complaints,rwiew his ha1 report on Lusk/O*Brien complaint.
7/19/2007 MES Telephone conference with City Manager and City Clerk regardmg Skip 1.60 240.00
Gray incident; review documents received from Skip Gray, telephone
conference and email exchange with Mayor regarding Skip Gray; prepare
cease and desist letter to Skip Gray.
City of Milton
Ethics Board
Page 2
7/20/2007 MES Meeting with City Clerk, telephone conference with Mayor hckwood,
Telephone conference with Ehcs Board Chair regarhng Skip Gray,
meeting with Shp Gray, telephone conference with Ehcs Board member
Susan Campbell, regardmg incident: concerning Shp Gray on 7/19.
kJ
1.20 180.00
MES Telephone conferences with Council members O'Brien and Mohrig
regarding ethics board member Skip Gray.
7/23/2007 MES Receipt and review of multiple emails from ehcs board members
regasdhg complaint against mayor and house bdl8111, request for
additiond information.
MES Draft revisions to ethlcs board by-laws. 2.40 360.00
7/24/2007 MES Draft revised Ethics Board By-lams; review and analyze current by-laws for
conflicts and duplications with City Ehcs Ordinance, note further issues
with Ethics Ordinance; telephone conversation with Ethics Board member
Susan Campbell regarding issue she spotted with Ethcs Ordinance which
needs further amendment. Review correspondence from Attorney for
Ethics Board member Skip Gray regarding resignation, telephone
conversation with Aaron Bovos regarding resignation of Ehcs Board
member.
2.80 420.00
MES Telephone conference with Coun~ilMember Mohrig regarding resignation
of Shp Gray from ehcs board and need to fill vacancy; email to mayor
and counul informing of resignation and vacancy.
0.40 60.00
7/25/2007 MES Prepmation for and attendance at work session with ethics board regarding
city ethics ordinance and board by-laws.
4.60 690.00
Total For Services
Balance Due $3,285.00
- -
Jarrard & Davis
r\ L~rnttcdLabill,! I'artncrshrp
105 Pilgrim Village Drive, Suite 200
Cummirig, GA 30040
Phone 678-455-7150
Facsimile 678-455-72 49
August 13,2007
City of Milton
Attn: Kyle Jones
13000 Deerfield Parkway
Building 100
Alpharem GA 30004
Re: Community Development Department
Law Firm File # ha-0015-I630
FOR PROFESSTONAL SERVICES RIWQE'RED JULY 1,2007 THaOUGH JULY 3 1,2007
SERVICES:
DATE NAME DESCRIPTION HOURS AMOUNT
\
7/2/2007 MES Receipt and review multiple ernails rega&g scheduling of meeting with
Kelly Hundley and Chuck Pollack regarding possible resolution of Baker
mattm.
MES Receipt and miew of memo from Countp Attorney's office and Georgia
Supreme Court decision in Galberaith v.Fulton County;review and
analyze same.
7/5/2007 MES Telephone conversation with Robyn MacDonald regarding traffic controls
regulation under zoning ordinance and consequences of not filmg public
partidpation plan.
7/6/2007 MES Review news report regarhng adult entertainment ordinance and research
Focus Entertainment v. Partridge Green case on effect of restrictive
covenants on same.
7/9/2007 MES Meeting with Milie Tuller and Robyn MacDondd regarding upcoming
zoning issues.
7/10/2007 MES Receipt and review of emd from Commissioner Riley regarding county
moratorium on sign permits and relationship to Fulton and Milton sign
litigation.
MES Telephone conference and email communicati~nwith Attorney Kelly
Hundley regatdmg Baker litigation.
City of Milton
Community Development Department
Page 2
7/11/2007 MES Draft letter to attorney. Adam Webb in response to statements made in hts
Ietter to attorney Laurel Henderson regatchg settlement demand for
Covenant Media v. City of Milton case.
0.80 120.00
\
MES Meeting with Plaintiffs, counsel, KeUey Hundley, Esquire and Torn Wilson
regarding conference regarding possible settlement of lawsuit.
2.70 405.0
7/24/2007 MES Receie and review email correspondence from Joan Wunderle regarding
status of Six Hills litigation, provide reply regarchg status of motion to
chstniss and answer.
0.40 60.00
\
7/25/2007 MES Revim computer documents and locate memo on services delivery for
newly annexed areas, transmit to Angela Rambeau for forwarding to
annexed properties. \
7/31/2007 MES Receipt and rwiew of email from m e Tuller regarding resolution on
Crabapple district; revise resolution; telephone conference with Mike
Tulles regarding same.
0.70 105.00
\
MES TeIephone conference with Attorney Kelly Hundley regardmg Baker
litiga3on, review mail from Tom Wdson regardmg ha1 review of zoning
ordinance for issues related to zoning denial, review multiple emails from
Kelly Hundley regarding results of conversncion with Chuck Polla&,
remew draft of sw reply on Six Hills matter.
1.90 285.00
Total For Services
DISBURSEMENTS:
7/6/2007 \Vestlaw Research
Disbursements Total
Balance Dne
- -
Tarrard & Davis
A Lirnitcd L~abib~I'artncrship
105 Pilgrim Village Drive, Suite 200
CYmming, GA 30040
Phone 678-455-7150
Eacside 678-455-7149
August 13,2007
City of Milton
Am: Kyle Jones
13000 Deerfield Parkway
Building 100
Alpharetta GA 30004
Re : Community Services
Law Firm File # M-0004-3 I 50
FOR PROFESSIONAL SERVICES RENDERED JULY 1,2007 THROUGH JULY 3 1,2007
SERVICES:
DATE NAME DESCRIPTION HOURS AMOUNT
7/2/2007 MES Receipt and rwiew of emails and respond to request for meehg regarding 0.20 30.0,@&
sinkhole issues at 720 Greenview Terrace. L
1
MES Receipt and rwiew of multiple emails and review/andyze proposed gap 1.20 180.@)@
franchise agreement by AT&T for IF Video semice. i
7/9/2003 MES Meeting with Tami Hanh regarding new tort claim for pothole damage, 0.70 105-@#
discuss other pending daims and procedure for handhg claims, discuss
Community Services city issues. ,,I \
7/13/2007 MES Meeting with Community Services personnel and city manager regarding 3-80 570.0@$@
stormwater infrasmcture issues and view sites of concern in City. \
7/26/2007 MES Meeting with Tami Ha& regarding community services and related city 0.70 105.6&
issues.
Total For Services 6:36:00 5990.00
2 City of Milton Page
Community Services
DISBURSEMENTS:
7/26/2007 Westlaw Research
Disbursements Total
Balance Due
- -
Tarrard & Davis
105 P1g"" Village Drive, Suite 200
Cumming, GA 30040
Phone 678-455-7150
Facsimile 678-455-7149
August 13,2007
City of Milton
Am: KyIe Jones
13000 Deerfield Parkway
Building 100
Alpharetta GA 30004
Re: En6neering & Public Works
Law Firm File # M-0009-3 150
FOR PROFESSIONAL SERVICES RENDERED JULY 1,2007 THROUGH JULY 3 1,2007
. .
SERVICES:
DATE NAME DESCRIPTION HOURS AMOUNT
7/26/2007 MES Meeting with engineering staff and representative of Alpharetta re: water
runoff issues with new subdivision; meeting with Abbie Jones regatdmg
development of regional impact submission, right of way ordinance and
exactions.
Total Fot Services
Balance Due
- -
Tarrard & Davis
105 Pilgrim Village Drive, Suite 200
Cummifig, GA 30040
Phone 678-455-7150
EacsimiIe 678-455-7149
August 13,2007
City of Milton
Ath: Kyle Jones
13000 Deerfield Parkway
Building 100
Alpharem GA 30004
Re: Operations -General
Law Firm File # M-0011-1000
FOR PROFESSIONAL SERVICES RENDERED JULY I, 2007 THROUGH JULY 3 1,2007
SERVICES:
DATE NAME DESCRIPTION HOURS AMOUNT
7/3/2007 MES Receipt and review of email correspondence and documents from Carol
Walfe regarding Thelan Reid law firm invoice, telephone conversation wi
Carol Wolfe regarding same and follow up telephone call.
60.00
7/6/2007 MES Receipt and review of invoice from Thelan Reid, analyze rime spent, level
of detad and hourly billing rates. Legal research regarhng Georgia and
District of Columbia Rules of Professional Conduct regarding need to
inform client of bdhng rates and practices, telephone conversation with
accounting manager regarding bihg issue; follow up teIephone conference
with Carole Wolfe.
1.80 270.00
7/12/2007 MES Legal Research regarding possible exemptions to open records act for
business license information used for commercial solicitations in response
to email request from Carol IVolfe and prepate email response to request
that no =emption appears to exist. x
MES Draft letter to Thelan Reid law firm regarding objections to amount of @
invoice.
1.40
0.60
210.00
90.00
MES Meeting with Attorney Ken Jarrard regatdhg City of Mdton investigation
issues and researchlreview felony statute on fraudulent concealment in
respoqse to Council Member O'Brien's request, telephone conversation
regarding same with Council Member O'Brien and emd copy of statutory
section.
0.70 105.00
City of Milton
Operations -General
Page 2
7/13/2007 MES Receipt and review of email correspondence regarding current status of @
legal budget.
0.30 45.00
7/31 /2007 MES Telephone conference with Carol ZTolfe regarhg estoppel certificate
received from landlord and discuss lease issues, review emailed copy o
lease and estoppel certificate and advise her to have CH2M-Hdl
representative complete certificate.
0.70 105.00
Total For Services
BaIance Due $885.00
A
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30304
CIN COUNCIL AGENDA ITEM
TO: City Council DATE: September 6,2007
FROM: Acting City Manager
AGENDA ITEM: Approval of an agreement of Mutual Aid for Eire and Emergency Medical
Services between the City of Milton, GA and the City of Alpharetta, GA
MEETING DATE: Thursday, September 20,2007 Regular Meeting
BACKGROUND INFORMATION: (Attach add~f~onalpages ~fnecessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOTAPPROVED
/
CITYATTORNEY APPROVAL REQUXRED: YES
:!, 0 NO
CITY A770RNEY REVIEW REQUIRED: (1 NO
APPROVAL BY CITY ATTORNEY ()APPROVED (1 NOT APPROVED
PLACED ON AGENDA FOR: 09 20 2 7
REMARKS:
MAYOR
Arthur Letchm
COUNCIL
D.C. kiken
David Belle lsle
Douglas J. DeRito
Debbie Gibson
Joh Monson
Jim Paine
City Hall
Two South Main Street
Alpharetta. Georgia 30004
678 1 297-6000
Fax 678/297-6001
24-Hour Information
678 1 297-6015
**certified *,
City of
Ethics #
*%L>#&!-ff
August 29,2007
Chris Lagerbloom
Director of Public Safety
City of Milton
13000 Deerfield Parkway
Suite 107
Milton, GA 30004
Dear Chris.
Enclosed you will find a Mutual Aid Agreement between the City of Alpharetta and
City of Milton fire departments; Alpharettn Mayor Arthur Letchas has signed this
agreement, indicating Alpharem's acceptance.
Please review and have Mayor Lockwood sign the last sheet, if you wish to enter into
this agreement. The completed document may be returned to:
Keith Sanders
Fire Chief
Alpharetta Fire & Emergency Services
2970 Webb Bridge Road
Alpharetta, GA 30004
Please feel free to contact me at 678-297-6273, if you have any questions.
kith Sanders
Fire Chief
Enclosure
STATE OF GEORGIA
COUNTY OF FUCTON
AGREEMENT OF MUTUAL AID
FOR FIRE AND EMERGENCY MEDICAL SERVICES
This Agreement is made and entered into this day of
2007 between City of Alpharetta, a political subdivision of the State of Georgia,
acting by and through its Director of Public Safety with the authority of the duly
elected Mayor and City Council, and the City of Milton, acting by and through its
Fire Chief with the authority of the duly elected Mayor and City Council.
WiTNESSETM:
WHEREAS, City of Alpharetta and the City of Milton, Georgia are
contiguous;
WHEREAS, City of Alpharetta and the City of Milton each maintain and
staff a fire department for the purpose of providing fire suppression, protection,
prevention, and emergency medical services;
WHEREAS, City of Alpharetta and the City of Milton have determined that
it is to the mutual advantage and benefit of each of the parties hereto that they
render supplemental assistance in providing local emergency, fire suppression,
protection, prevention and emergency medical services to the other party in the
event of a fire or other local emergency, and to take part in joint training exercise;
and
WHEREAS, it is the desire of the signatories hereto to enter into this
agreement for mutual aid pursuant to the 1983 Constitution of the State of
Georgia Article IX, Section II, Paragraph 3 and Article IX, Section Ill, Paragraph
1.
I
NOW THEREFORE, in consideration of the mutual covenants contained
herein, and for other good and valuable consideration,the parties hereto agree to
follow:
ARTICLE 1 -TERM OF AGREEMENT
This agreement shall commence on the date of , 2007
and shall continue for a period of one year. This agreement shall automatically
be renewed by the parties each year thereafter unless and until such time as
written notice of intention not to renew or notice of modification is received by
either party within ninety (90) days prior to the expiration of the term of this
agreement.
ARTICLE 2 -TERMINATION
Either party to this agreement may terminate the agreement by giving not
less than ninety (90) days written notice to the other party. Upon the running of
ninety (90) days from such written notice, this agreement shall be terminated.
Notice to the City of Alpharetta should be mailed to:
Director of Public Safety
Alpharetta Department of Public Safety
2565 Old Milton Parkway
Alpharetta, GA 30004
Notice to the City of Milton should be mailed to:
Fire Chief
lM ilton Fire Department
13000 Deerfield Parkway
Suite I07
Milton, GA 30004
ARTICLE 3 -LIABILIN
There shall be no liability imposed on any party or its personnel for failure
to respond to requests for aid. Every employee shall be deemed to be the
employee and agent of hislher regular employer, and under no circumstance
shall any employee be deemed to be an employee or agent of any entity other
than hislher regular employer. All damages or repairs to any equipment or
apparatus that occur in the normal operation shall be the responsibility of the
owner jurisdiction.
ARTICLE 4 -COMPENSATION
No party under this agreement will be required to pay any compensation
to the other party under this agreement for services rendered pursuant to this
agreement. The mutual advantage and protection afforded by this agreement is
considered adequate compensation to both parties. Each party to this agreement
shall comply with workers' compensation laws of the State of Georgia without any
cost to the other party. Each party shall pay its own personnel without cost to the
other party.
ARTICLE 5 -RELEASE OF CLAIMS
Each of the parties agrees to release the other party from any and all
liabilities, claims, judgments, costs or demands for damage to that party's
property whether arising directly or indirectly out of the use of any vehicle,
equipment or apparatus by the other party during the provision of sewice
pursuant to this agreement.
ARTICLE 6 -INJURIES TO PERSONNEL
Any damage or other compensation which is required to be paid to any
employee by reason of an injury occurring while their services are being utilized
pursuant to this agreement shall be the sole liability and responsibility of the party
regularly employing such person.
ARTICLE 7 -REQUEST FOR ASSISTANCE
Each party agrees that the timing of the request for mutual aid is critical to
the effectiveness of the assistance being requested. Each party agrees that in
order to expedite the response to the request for mutual aid, field officers should
make the request for mutual aid as soon as possible and in the most direct
manner and that the requesting party*sdesignee may be the incident commander
or the officer (or acting officer} on apparatus responding to the incident. When
either party determines that it is necessary to request mutual aid, the requesting
party or its designee is authorized to make the request in these ways:
Via radio directly from the requesting jurisdiction's unit to the requested
jurisdiction's dispatch center, andlor
By telephone between dispatch centers
Both of these methods ensure that unit assignment and status is heard and
understood by the providing jurisdiction's dispatch center and that the request is
captured in audio documentation.
It is expressly acknowledged and agreed by both parties that any
obligations andlor request for mutual aid shall be secondary to the duties and
obligations of each respective department to its City and shall be provided only
on an "as available" basis.
ARTICLE 8 -ADMINISTRATION
It is agreed that for the purpose of liaison and administration, the Alpharetta
Director of Public Safety and the Milton Fire Chief shall be jointly responsible.
ARTICLE 9 -MISCELLANEOUS
This agreement shall not be construed as, or deemed to be, an agreement
for the benefit of any third party or parties, and no third party or parties shall have
any right of action hereunder for any cause whatsoever.
This agreement shall constitute the entire agreement between the parties,
and no modification shall be binding upon the parties unless evidenced in writing
and signed by both parties.
In the event any part or provision of this agreement is held to be invalid,
the remainder of this agreement shall not be aflected thereby and shall continue
in full force and effect.
This agreement shall govern in all respects as to the validity, construction,
capacity, performance, or othenvise by the laws of the State of Georgia.
IN WITNESS WHEREOF, the parties set their hands and seals this d?2%-
day of-
/A25 ,2007.
44'
CITY OF ALPHAREITA
Arthur Letchas, Mayor
ClN OF MILTON
Joe Lockwood, Mayor
CityofMilton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
ClTY COUNCIL AGENDA ITEM
TO: City Council PATE: September 6,2007
FROM: Acting City Manager
AGENDA ITEM: Approval of an agreement of Mutual Aid for Fire and Emergency Medical
Services between the City of Milton, GA and the City of Roswell, GA
MEETING DATE: Thursday, September 20, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages ,f necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED (1 NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: bQ YES I)NO
CITY ATTORNEY REVIEW REQUIRED: )( YES (1 NO
APPROVAL BY CITY ATTORNEY ()APPROVED (3 NOT APPROVED
STATE OF GEORGIA
COUNTY OF FULTON
AGREEMENT OF MUTUAL AID
FOR FIRE AND EMERGENCY MEDICAL SERVICES
This Agreement is made and entered into this day of ,
2007 between City of Milton, a political subdivision of the State of Georgia, acting
by and through its Director of Public Safety with the authority of the duly elected
Mayor and City Council, and the City of Roswell, acting by and through its Fire
Chief with the authority of the duly elected Mayor and City Council.
WITNESSETH:
WHEREAS, City of Milton and the City of Roswell, Georgia are
contiguous;
WHEREAS, City of Milton and the City of Roswell each maintain and
staff a fire department for the purpose of providing fire suppression, protection,
prevention, and emergency medical services;
WHEREAS, City of Milton and the City of Roswell have determined that it
is to the mutual advantage and benefit of each of the parties hereto that they
render supplemental assistance in providing local emergency, fire suppression,
protection, prevention and emergency medical services to the other party in the
event of a fire or other local emergency, and to take part in joint training exercise;
and
WHEREAS, it is the desire of the signatories hereto to enter into this
agreement for mutual aid pursuant to the 1983 Constitution of the State of
Georgia Article IX, Section II, Paragraph 3 and Article IX, Section III, Paragraph
1.
NOW THEREFORE, in consideration of the mutual covenants contained
herein, and for other good and valuable consideration, the parties hereto agree to
follow:
ARTICLE 1 - TERM OF AGREEMENT
This agreement shall commence on the date of , 2007
and shall continue for a period of one year. This agreement shall automatically
be renewed by the parties each year thereafter unless and until such time as
written notice of intention not to renew or notice of modification is received by
either party within ninety (90) days prior to the expiration of the term of this
agreement.
ARTICLE 2 – TERMINATION
Either party to this agreement may terminate the agreement by giving not
less than ninety (90) days written notice to the other party. Upon the running of
ninety (90) days from such written notice, this agreement shall be terminated.
Notice to the City of Milton should be mailed to:
Director of Public Safety
Milton Department of Public Safety
13000 Deerfield Parkway, Suite 107F
Milton, GA 30004
Notice to the City of Roswell should be mailed to:
Fire Chief
Roswell Fire Department
38 Hill Street
Suite 235
Roswell, GA 30075
ARTICLE 3 – LIABILITY
There shall be no liability imposed on any party or its personnel for failure
to respond to requests for aid. Every employee shall be deemed to be the
employee and agent of his/her regular employer, and under no circumstance
shall any employee be deemed to be an employee or agent of any entity other
than his/her regular employer. All damages or repairs to any equipment or
apparatus that occur in the normal operation shall be the responsibility of the
owner jurisdiction.
ARTICLE 4 – COMPENSATION
No party under this agreement will be required to pay any compensation
to the other party under this agreement for services rendered pursuant to this
agreement. The mutual advantage and protection afforded by this agreement is
considered adequate compensation to both parties. Each party to this agreement
shall comply with workers' compensation laws of the State of Georgia without any
cost to the other party. Each party shall pay its own personnel without cost to the
other party.
ARTICLE 5 - RELEASE OF CLAIMS
Each of the parties agrees to release the other party from any and all
liabilities, claims, judgments, costs or demands for damage to that party's
property whether arising directly or indirectly out of the use of any vehicle,
equipment or apparatus by the other party during the provision of service
pursuant to this agreement.
ARTICLE 6 - INJURIES TO PERSONNEL
Any damage or other compensation which is required to be paid to any
employee by reason of an injury occurring while their services are being utilized
pursuant to this agreement shall be the sole liability and responsibility of the party
regularly employing such person.
ARTICLE 7 - REQUEST FOR ASSISTANCE
Each party agrees that the timing of the request for mutual aid is critical to
the effectiveness of the assistance being requested. Each party agrees that in
order to expedite the response to the request for mutual aid, field officers should
make the request for mutual aid as soon as possible and in the most direct
manner and that the requesting party's designee may be the incident commander
or the officer (or acting officer) on apparatus responding to the incident. When
either party determines that it is necessary to request mutual aid, the requesting
party or its designee is authorized to make the request in these ways:
• Via radio directly from the requesting jurisdiction's unit to the requested
jurisdiction's dispatch center, and/or
• By telephone between dispatch centers
Both of these methods ensure that unit assignment and status is heard and
understood by the providing jurisdiction's dispatch center and that the request is
captured in audio documentation.
It is expressly acknowledged and agreed by both parties that any
obligations and/or request for mutual aid shall be secondary to the duties and
obligations of each respective department to its City and shall be provided only
on an "as available" basis.
ARTICLE 8 – ADMINISTRATION
It is agreed that for the purpose of liaison and administration, the Milton
Director of Public Safety and the Roswell Fire Chief shall be jointly responsible.
ARTICLE 9 – MISCELLANEOUS
This agreement shall not be construed as, or deemed to be, an agreement
for the benefit of any third party or parties, and no third party or parties shall have
any right of action hereunder for any cause whatsoever.
This agreement shall constitute the entire agreement between the parties,
and no modification shall be binding upon the parties unless evidenced in writing
and signed by both parties.
In the event any part or provision of this agreement is held to be invalid,
the remainder of this agreement shall not be affected thereby and shall continue
in full force and effect.
This agreement shall govern in all respects as to the validity, construction,
capacity, performance, or otherwise by the laws of the State of Georgia.
IN WITNESS WHEREOF, the parties set their hands and seals this day of
, 2007.
Attest: CITY OF MILTON
Joe Lockwood, Mayor
CITY OF ROSWELL
Jere Wood, Mayor
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO:City Council DATE: September 13, 2007
FROM: Acting City Manager
AGENDA ITEM:Approval of a Resolution Appointing a City Treasurer
MEETING DATE:Thursday, September 20, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ( ) APPROVED ( ) NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED:( ) YES ( ) NO
CITY ATTORNEY REVIEW REQUIRED:( ) YES ( ) NO
APPROVAL BY CITY ATTORNEY ( ) APPROVED ( ) NOT APPROVED
PLACED ON AGENDA FOR:
REMARKS:
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 07-09-61
A RESOLUTION APPOINTING CHRIS LAGERBLOOM AS CITY TREASURER
FOR THE CITY OF MILTON, GEORGIA EFFECTIVE SEPTEMBER 20, 2007
The Council of the City of Milton hereby resolves while in regular session on the 20th day of
September 20, 2007 at 7:00 pm.:
SECTION 1. That Chris Lagerbloom was appointed Acting City Manager by the Mayor
and Council on August 16, 2007;
SECTION 2. That Chris Lagerbloom shall serve as the City Treasurer of the City of
Milton as is hereby appointed with all the duties of the City Treasurer as set forth in Article
IV, Section 4.14 of the City Charter; and,
SECTION 3. That this appointment is effective September 20, 2007; and
SECTION 4. That this Resolution shall become effective upon its adoption.
RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this 20th day of September,
2007..
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
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