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Home My WebLink AboutPacket-10-18-2007CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Neal O’Brien Tina D’Aversa Rick Mohrig Thursday, October 18, 2007 Regular Council Meeting Agenda 7:00 PM INVOCATION - Charles Browning, Seminary Student 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) (Agenda Item No. 07-396) 4) APPROVAL OF MEETING AGENDA (add or remove items from agenda) 5) PUBLIC COMMENT 6) REPORTS AND PRESENTATIONS 7) CONSENT AGENDA (Agenda Item No. 07-397) 1. Approval of the Financial Statements for the period ending September 2007. (Carol Wolfe – CH2M Hill-OMI)) (Agenda Item No. 07-398) 2. Approval of the August 16, 2007 Regular Meeting Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 07-399) 3. Approval of the September 6, 2007 Regular Meeting Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) Page 1 of 2 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 OCTOBER 18, 2007 - 7:00 PM (Agenda Item No. 07-400) 4. Approval of the September 13, 2007 Special Called Meeting Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) 8) ZONING AGENDA (Agenda Item No. 07-388) 1. RZ07-012 - 980 Birmingham Road - To rezone from C-1 to C-1 to allow the existing wine store to sell liquor/spirits not to exceed 30% of its total inventory. (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 07-389) 2. RZ07-016 -Text Amendment to the City of Milton Zoning Ordinance, Article 12G, State Route 9 Overlay District. (Presented by Tom Wilson, Community Development Director) 9) FIRST PRESENTATION (Agenda Item No. 07-401) 1. Approval of an Ordinance Amending Chapter 11, Article 2, Business and Occupational Licenses, of the Code of Ordinances of the City of Milton, Georgia. (Presented by Carol Wolfe– CH2M Hill-OMI) 10) UNFINISHED BUSINESS (Agenda Item No. 07-390) 1 Approval of an Ordinance to Adopt Revisions to the City of Milton Personnel Policy Handbook. (Second Reading) (Presented by Carol Wolfe – CH2M Hill-OMI) (Agenda Item No. 07-391) 2. Approval of a Telecommunications Ordinance. (Second Reading) (Presented by Tom Wilson, Community Development Director) 11) NEW BUSINESS (Agenda Item No. 07-402) 1. Approval of the August 2007 invoice for legal fees. (Presented by Stacey Ingles, Finance Manager) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) (Agenda Item No. 07-403 15) ADJOURNMENT Page 2 of 2 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. A City of Milton %(U 13WO Dewfield Parkway, Suite 107, Milton. Georgia 30004 v- ClTY COUNCIL AGENDA ITEM TO: City Council DATE: October 1 1,2007 FROM: Interim City Manager AGENDA ITEM: Approval of the Financial Statements for the period ending September 2007. MEETING DATE: Thursday, October 18,2007 Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ($ APPROVED () NOT APPROVED / CITY ATTORNEY APPROVAL REQUIRED: u YES )(NO CITY ATTORNEY REVIEW REQUIRED: 0 YES dNo APPROVAL BY CITY ATTORNEY ()APPROVED (1 NOTAPPROVED r FINANCIAL STATEMENTS Memo To: The Honorable Mayor and City Councilmembers Fmm: Carol WMe, CH2M HILL Director of Operations CC: Chris Lagerbfmrn, Interim City Manager Dan Drake,PuMi Wwks 'Director Tami Hanlin,OperationsPrcgrarn Director Stacey Inglis, Finance Manager Jmtte Marchiava, CiilCourt Clerk Charles Millican, lntetim PuMii Safety Director Tom Wilson. Cornmunily Development Directw Dakx 10/3i2007 Re: Financial Status Report for Perid 12 -September 2007 OVERVIEW and FINANCIAL HIGHLIGHTS: The attached financial statements represent figures as of the close of period 12. September 2007.The financial status report is intend4 to provide a current budget-tc-actual revenue & expenditure status each fund. These financial statements represent the Fast month of the fiscal year; however, revenue collected in arrears and received in the next sixty days will be reflected in fiscal year 2007. Invoices paid for gds and services seceivd in fiscal year 2007 will also be reflected in the 2007 financial statements. Once the surty day accrual penod is closed, a final fiscal year 2007 financial statement wfl be presented to the C-Vy Council and Senior Staff. General Fund With lQO% of the City's tewrnonth fiscal year lapsed, the City has ended fiscal year 2007 in a strang financial condition. The majority of revenues and all expenditures are in line with budgeted amounts. Without consideration of property taxes,other revenue source collection is at 90.3%. The financial statements show eight revenue sources at below budgeted levds. Of those eight, local option sales tax, motor vehicle tax and franchise fees are collected in arrears; therefore, the revenue rwxivd in these three areas in October and November will reflected in 2007. Given the collection trend, it is anticipated that all three of these revenue sources will be over budget at the end of the accrual period. Property tax bills were mailed on August 30'~and collection is wdl under way, with $739,664 collected to date. The majority of revenue is anticipated to be received in October from the major mortgage companies. In Georgia, the property tax collmtion trend is 98% and there are strong statues supporting the collection of property tax. The final collection of property tax is anticipatd to be well over the budgeted amount of 36,868,342. Again, the revenue received from property tax in Odober and November will be reflected in fiscal year 2007, The final four revenue sources that are under budget are Businessl~upationaITax, which will end the year -4% under budget; Financial Institution Tax, ending the year at 10.1% under budget; and fines and forfeiture and cwrt admin fees revenue. Combindl, fines and forfeiture and court admin fees \nrill end the year at 44.7% under budget. An analysis of Municipal Court operations, scheduling, and fee sbucture is currently underway to address the timing of payment for fines and fwfeitures. Expenditures by department are 89% of budget, with the expectation of invoices paid in !he next sixty days to be reflected in the final expenditure totals. CapHal Project Fund Expenditures vvithin this fund cuntinue to occur on a project-by-project basis. With a total project expenditure budget of 53,540,657 and the last piece of fire apparatus received, capital expenditures-to-date total $3,313,886. FlNANCllAL OPERATIONS: Tree Replacement Fund: Balance: $t 74,935 Sidewalk Replacement Fund: Balance: $23,547 City of MMiIton General Fund Statement d Revenues. Expendim, and Changes in Fund Balances -Budget and Actual For the Periud Ended September 30,2007 Original Variance with Budgeted Final Flnal Budget - Amounts Budgeted Amounts. Actualhunts Positive (Negathrs) REVEHUES Tm: Pmperiy Tax Local Opkn Sales Tax Business & Occ Tax h!or Vehicte fax lnlanglbk Tax Rea!Estata Transfer Tax Akohol Beverage Excise Tax HoteVMotel Excise Tax Financial Instnuton Tan Llcensas and Permk lntsrgavemmeml Charges ior Servce. franchi Fees Other Charges for Servee FlnedForledures Inueshem Earnings Conajbms and Donations Other Total revenues EXPENDITURES Current General government Maw and Councl Chrk of the Counc~l Cv Manager Legal Semes Municipal Court Operatons R~skManagement Public InformatJon Operabng Reserve Total General Government Publc safety Commun'ny Swces Economic and Cornmunily Development Total expend- Excess of revenues ovw wpendmres OTHER FMANClNG SOWlCES (USES) Transfers OUI Transfers in Capital kpayment TAN mterest COP principal Sale of capital assets Insurance proceeds Total olha financrng sources and uses Net change m fund balances Fund balances -beginning Fund balances -ending The accompanying mtes lo the financial slatemerits are an integral parl of this statement City of Milton Capital Project Fund Statement of Revenues, Ependituws, and Changes in Fund Batances -Budget and Actual For the Period Ended September 30,2007 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 Unallocated: Public Safety Community Services -Publ~cW~rks Community Services -Recreation B Parks Total Capital Outlay Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers In from General Fund Lease Interest Lease Proceds Total other financing sources and uses Net change in fund balances Fund balances -beginning Fund balances -ending The accompanying notes to the financial statements are an integral part of this staternenl. PROCUREMENT STATUS Memo To: The Honorable Mayor and City Councilmembers From Carol Wok, CH2M HlLL Director of Operations Date: 16132007 Rw Procurement Status Attached are two lists, one indicating purchase orders issued for the months d ofwernkr 2006 through September 2007 and the other intended to provide information regarding all bids and requests for proposallquote. tf you have any questions regarding the procurement status updates or would like additional information, please do not hesitate to contact Tami Hanlin or Kyle Jones, Budget Coordinator. Thank you. Attachment ,w *I-..---r--.--XA -- y...-71...&-al'r^-ia hmPURega3 EC)RtiERs,mg --- ----~-,r-n-.h-rt'rt'd~+ aW- lurchase Orden Issued $5.000 -$50,000 November 2006 -September 2007 " A + ,- METHOD OF P.O.# Vendor DESCR~PTION DEPARTMENT AMOUNT PROCUREMENT STATUS 07-001 Brannen Motor Company Police Cruisers Public Safety S 557.362.00 State Contract Completed 07-002 Motorola Communication Equipment Public Safety S 208.690.12 State Contract Completed 07-003 Plerce Manufacturing F~reApparatus Public Safely S 2,059,884.00 Sandy Springs Contract Completed 07-004 Ed's Publlc Safety Weapons Publ~cSafety S 7,722 00 State Conlracl Completed 07-005 Brannen Motor Company Cages for Pof~ceCruisers Publ~cSafety S 28.640 00 Quote Completed 07-008 ICOP Olgital. Inc In-car V~deo Cameras Public Safety $ 88-917.90 Floyd County Contract Completed 07-010 Dekafb Office Environments City Hall Furn~ture Operattons $ 20,269.40 Sole Source Completed 07-01 2 Marln's Service Uniforms Fire Department Unlforms Publlc Safety $ 39,780.40 3 Written Quotes Completed 07-013 Dell Corpnratfon Laptops for Police Veh~cles Publ~cSafety S 29,881.62 State Contract Completed 07-015 MES -Southeast Turnout Gear Publlc Safety S 88,964 40 Independence, MO Contract Completed 07-01 7 GT Dlstributore Bullet Proof Vests Public Safety $ 13,000.00 State Contract Completed 07-078 07-01 9 GT Distr~butors Motorola Police Duty Gear Radios Public Safety Publlc Safety $ 5 13.931.17 41 986.09 State Contract State Contract Completed Completed 07-020 CDW-G F~reTruck taptops Public Safety $ 15 744.00 3 Written Quotes Completed 07-021 07-022 Kustom Signals Allan Vigil Ford Laser Spd Detection Devices Pickup Truck Publtc Safety Publtc Safety $ $ 12 044 00 35 778.00 3 Wr~ltenQuotes State Contracl Completed Completed 07-024 CDW-G Laptop Mounts for Pollce Vehicles Publlc Safety 5 9 752 90 3 Wntten Quotes Completed 07-025 Red The Uniform Tailor Pollce Uniforms Publtc Safety $ 21 000,OO Alpharetta, Gd Contract Completed 07-027 The Valuation Advisory Group Capital Asset Evaluation Operat~ons 5 6 950 00 Sole Source 07-028 Management Data Syslsms Records Management Software Publlc Safety S 42,500 00 Statesborn, GA Contract Completed 07-029 Southern Lighting B. Traffbc Sys Mast Arm Decoralive Bases Public Works S 5,000,OO 3 Wntten Quotes Completed 07-038 Great Amer~can Spec~alty Publlc Safety Badgas Publlc Safety S 8,840 00 3 Wntten Quotes Completed 07-043 Mauldm & Jenkins FY 2007 Audfl Operations $ 5 00000 RFQ Completed 07-047 Boundtree Medlcal Fire Stallon Medical Supplies Publ~cSafety 3 6,000,OO Chemkee County Contracl Compleled 07-05? Fullon Counly 2007 Election Crty Clerk S 63.297.00 Sole Source 07-059 Service Ftrst HCV Station 41 HVAC Units Repairs Publ~cSafety 5 5.200.00 3 Wntten Quotes Completed 107-063 Dekak Off~ce Environments Partrtms-PS area at City Hall Publ~cSafety $ 5,142.58 Sole Source > .-%-?=a +-<*m"d. November 2008 -July 2007 BID # RFP# RFQ# DEPARTMENT DESCRIPTION CLOSING DATE AWARD DATE AWARD AMOUNT P.0, ISSUED 07-001 07-002 07-003 07-004 07-001 07-002 Operat~ons Operations Operatrons Operalrons Comm Development Publ~cSafety Bank~ngServ~ces External Audlt Servrces Cap~talLease for Publlc Safety Equlp Tax Anticrpatlon Note Carnorehans~vePlan Update Gated Access Control Un~ts lOf3112006 1013112006 1112912006 11512007 711 012007 8130'2007 111612006 1 1110J2006 21112007 111 112007 8/2/2007 912012007 nla $ 32,000 $ 3,169,794 5 5,155,000 $ 200.000 NA NA 070043 NA NA NA N A CAPITAL PRWECT REPORT Memo To: The Honorable Mayor and City Council members Cmm: Carol Wok. CH2M HILL Director of Operations Date: 10/312007 Re: Capital Projcxt Status Attached is a status report for each active capital project funded by a City of Milton appropriation. The report includes the project description, project budget, encumbrances and actual expenditures-fedate. If yw have any financial questions regarding these projects, please do not hesitate to contact either Tami Hanlin or Kyle Jones, Budget Cowdinator. Thank you. Attachment CITY Of MILTON CAPITAL PROJECT UPDATE As Of 913012007 APPROPRIATION EXPENDITURES 'NCUM BRANCES BALANC ES -ENG TOTAL CAPITAL OUTLAY $ 3,825,077 $ 5,340,372 $ The Minutes will be provided electronically. The Minutes will be provided electronically. The Minutes will be provided electronically. < A City of Milton<B I3000 Ddeld Parkway, Suite 107. Milton,Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 10, 2007 FROM: Interim City Manager AGENDA ITEM: RZ07412 -980 Birmingham Road -To rezone from C-1 to C-1 to allow the existing wine store to sefl liquorlspirits not to exceed 30% of its total inventory. MEETING DATE: Thursday, October 18,2007Regular Meeting BACKGROUND lNFORMATlON: (Attach additional pages if necessary) See attached memorandum I APPROVAL BY CITY MANAGER: r,') APPROVED () NOT APPROVED CIW ATTORNEY APPROVAL REQUIRED: (1 Yl.3 d NO CITY ArrORNEY REVJEW REQUIRED: (1 YES I NO APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED PETITION NUMBER: RZ07-012 PROJECT NAME Barn Bottle Shop PROPERTY INFORMATION ADDRESS 980 Birmingham Road, Suite 304 DISTRICT, LAND LOT 2/2, 380 OVERLAY DISTRICT Birmingham Crossroads Overlay EXISTING ZONING C-1 (Community Business) Z04Z-043 PROPOSED ZONING C-1 (Community Business) ACRES 8.5 EXISTING USE Retail Shopping Center PROPOSED USE To allow existing wine store to sell liquor/spirits not to exceed 30% of its total inventory OWNER A.G. Armstrong ADDRESS 13801 N. Dale Mabry Hwy Suite 200 Tampa, FL 33618 PETITIONER/REPRESENTATIVE Timothy Allen ADDRESS 904 Ravenwood Way Canton, GA 30015 PHONE 404-925-9158 INTENT To rezone from C-1 (Community Business) to C-1 (Community Business) to modify Condition 1.a. of zoning petition Z04-043 to allow the existing wine store to sell liquor/spirits not to exceed 30% of its total inventory. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION DENIAL - RZ07-012 PLANNING COMMISSION RECOMMENDATION WILL BE HEARD AT THE SEPTEMBER 28, 2007 MEETING Prepared by the Community Development Department for the Milton City Council Meeting on October 18, 2007 10/11/2007 Page 1 of 16 RZ07-012 R/P Z04-043 LOCATION MAP Prepared by the Community Development Department for the Milton City Council Meeting on October 18, 2007 10/11/2007 Page 2 of 16 RZ07-012 R/P Z04-043 CURRENT ZONING MAP Prepared by the Community Development Department for the Milton City Council Meeting on October 18, 2007 10/11/2007 Page 3 of 16 RZ07-012 R/P Z04-043 SITE PLAN – July 9, 2007 Prepared by the Community Development Department for the Milton City Council Meeting on October 18, 2007 10/11/2007 Page 4 of 16 RZ07-012 R/P Z04-043 PICTURE OF SUBJECT SITE Prepared by the Community Development Department for the Milton City Council Meeting on October 18, 2007 10/11/2007 Page 5 of 16 RZ07-012 R/P Z04-043 SUBJECT SITE: The 8.5 acre site is located at the northeast intersection of Birmingham Highway (Ga. Hwy. 372) and Birmingham Road. Zoned C-1 (Community Business) and AG-1 (Agricultural) pursuant to Z04-43 and the site is currently developed with as a retail/office shopping center that includes a Publix grocery store and other smaller retail and service uses within the C-1 district. 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? Based on existing policy not to allow liquor package stores on the subject site pursuant to Z04-043 and Z04 -116 located on the southwest corner of Birmingham Hwy and Hickory Flat Road and east of Birmingham Hwy, south of the corner, it is Staff’s opinion that the proposed change in use is not suitable for the subject site. 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 development will not have an adverse effect on the use or usability of adjacent and nearby properties if developed in accordance 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 has a reasonable use as currently zoned. 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? Staff anticipates some impact on public services and facilities. 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 October 18, 2007 10/11/2007 Page 6 of 16 RZ07-012 R/P Z04-043 The proposed request is consistent with the policies and intent of the 2025 Focus Fulton Comprehensive Plan which incorporates the Birmingham Crossroads of the Northwest Overlay District. LAND USE PLAN MAP: Retail/Service Proposed use/density: Retail/Office 9,753.53 square feet per acre The adoption of the Birmingham Crossroads Plan on March 3, 2004 to indicates a total of 27.1 acres of retail and service uses within the four quadrants at the intersection of Birmingham Highway and Birmingham Road. Parks, Recreation & Conservation uses are recommended beyond the commercial node in the northwest quadrant of the intersection. The remaining areas beyond the commercial nodes are designated for agricultural, forestry and mining uses. PLAN POLICIES: • Encourage a broad range of business types and an even distribution of employment centers among the major divisions of the City. • The Birmingham Crossroads will develop in village type pattern. • The Birmingham Crossroads will be pedestrian oriented. • Development at the Birmingham Crossroads will be contained. 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? The Fulton County Board of Commissioners approved the existing C-1 (Community Business) zoning pursuant to Z04-043 which did not allow liquor package stores on the subject site. In addition, the Board of Commissioners approved a mixed use development pursuant to Z04-116 located to the south and south west of the subject property which also does not allow liquor package stores. Staff notes that during the public hearing for Z04-043, explanation of the subject site to the Board of Commissioners on November 3, 2004, it was stated that within Condition 1.a. that liquor stores except for wine stores were to be excluded. Although this exact condition to allow wine stores was not reflected in the approved zoning conditions, it is Staff’s opinion that a wine store is permitted for the site but without any liquor sales. The applicable license to sell liquor must meet different standards than the license to sell beer and wine and therefore liquor cannot be sold under the same type of license as beer and wine. Prepared by the Community Development Department for the Milton City Council Meeting on October 18, 2007 10/11/2007 Page 7 of 16 RZ07-012 R/P Z04-043 Based on the existing policy on the subject site as well as approved zonings to the south and southwest not to allow liquor package stores, Staff recommends that the request to allow 30 percent of the wine store’s inventory to be liquor/spirits be DENIED. 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. Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Minimum 1,100 square feet) Northeast and further East 1 AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) East 2 AG-1 (Agricultural) – Z04-115 Sanitary Sewer Station and Park Area N/A Southeast 3 AG-1 (Agricultural) Electrical Substation N/A South 4 Z85-171 M-1 (Light Industrial) Grading Company and South 5 U92-002 C-1 Unconditional (Undeveloped) Use Permit for a Cellular Tower N/A Further South and Southwest 6 Z04-116 MIX (Mixed Use) Undeveloped residential to the south and developed office/retail to the southwest 1,266.97 sq.ft/acre for retail 5,671.2 sq.ft./acre for office 4.98 units per acre for townhomes 10,000 sq.ft day care center West 7 C-1 Unconditional Texaco Gas Station and Retail N/A Prepared by the Community Development Department for the Milton City Council Meeting on October 18, 2007 10/11/2007 Page 8 of 16 RZ07-012 R/P Z04-043 EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the Milton City Council Meeting on October 18, 2007 10/11/2007 Page 9 of 16 RZ07-012 R/P Z04-043 SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on August 9, Staff offers the following considerations: The applicant is not requesting any changes to the site plan but only to the use; therefore Staff does not have any considerations regarding the site plan. PUBLIC INVOLVEMENT On August 22nd, 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were two members of the community in attendance. Those individuals did not express any specific concerns with the proposed project. Public Comments – Staff has received one e-mail in opposition to the proposed sale of liquor within the wine store. City of Milton Design Review Board Meeting – September 4, 2007 Staff did not request that the applicant appear before the DRB based on the proposed change in use. Public Notice Requirement The use permit petition was advertised in the Milton Herald on September 5, 2007 and the sign was installed before the required date of September 5, 2007 along the frontage of Birmingham Highway and Birmingham Road. The notice of rezoning was sent, to adjacent property owners, on July 31, 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 Staff recommends that the requested rezoning to allow the sale of liquor/spirits not to exceed 30% its inventory within the Barn Bottle Shop be DENIED based on current policy on the subject site as well as in the immediate area not to permit the sale of liquor/spirits. Prepared by the Community Development Department for the Milton City Council Meeting on October 18, 2007 10/11/2007 Page 10 of 16 RZ07-012 R/P Z04-043 CONDITIONS OF ZONING If this petition is approved by the Mayor and City Council, it should be approved C-1 (Community Business) 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. Retail, service commercial and accessory uses, including all exterior food and beverage service areas, at a maximum density of 8,103.6 gross square feet per acre zoned or a total of 68,880 square feet, whichever is less, but excluding convenience stores with gas pumps, freestanding fast food restaurants, commercial amusements (cinemas not included), billboards, gas and service stations, liquor package stores but excluding wine shops with no more than 30% of its inventory being liquor/spirits, motels, hotels, adult entertainment establishments, check cashing stores, pawn shops, coin operated laundries, convenience stores, video arcades, pool halls, massage parlors, nail salons,beauty salons, barber shops, flea markets, discount retail shops, roadside vending, roadside produce stands or seasonal vending. b. Office/institutional and accessory uses at a maximum density of 1,650 square feet of gross floor area per acre zoned or a total gross floor area of 14,025 square feet, whichever is less, but excluding hotels. 2. To the owner's agreement to abide by the following: a. To the site plan received by the Community Development Department on July 9, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of 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. b. Limit development to a maximum of 33,000 square feet of retail/commercial and 35,000 square foot of office uses until such time a LDP (Land Disturbance Permit) is issued on property pursuant to zoning petition 2004Z-0116 NFC. 3. To the owner's agreement to the following site development considerations: Prepared by the Community Development Department for the Milton City Council Meeting on October 18, 2007 10/11/2007 Page 11 of 16 RZ07-012 R/P Z04-043 a. No more than two (2) exit/entrances on Birmingham Highway (SR 372). Curb cut location and alignment are subject to the approval of the City Traffic Engineer. b. No more than three (3) exits/entrances on Birmingham Road. Curb cut location and alignment are subject to the approval of the City Traffic Engineer. c. Increase the maximum building size from 25,000 square feet to 28,800 square feet. (2004VC-0040 NFC) d. To allow shared parking. 4. To the owner's agreement to abide by the following requirements, dedication and improvements: a. Reserve for the City along the necessary property frontage of the following roadways, prior to the approval of a Land Disturbance permit, sufficient land as necessary to provide for compliance with the Comprehensive Plan. All building setback lines shall be measured from the dedication but at no time shall a building be allowed inside the area of reservation. All required landscape strips and buffers shall straddle the reservation line so that the reservation line bisects the required landscape strip or buffer. At a minimum, 10 feet of the required landscape strip or buffer shall be located outside the area of reservation. All required tree plantings per Article 4.23 shall be placed within the portion of the landscape strip or buffer that lies outside the area of reservation. • 55 feet from centerline of Birmingham Highway (SR 372) or as may be required by the Georgia Department of Transportation. • 45 feet from the centerline of Birmingham Road b. Dedicate at no cost to the City along the entire property frontage, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to Fulton County such additional right-of-way as may be required to provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, as well as allow the necessary construction easements while the rights-of-way are being improved: • 30 feet from centerline of Birmingham Road. Prepared by the Community Development Department for the Milton City Council Meeting on October 18, 2007 10/11/2007 Page 12 of 16 RZ07-012 R/P Z04-043 • 30 feet from centerline of Birmingham Highway (SR 372) or as may be required by the Georgia Department of Transportation. c. Provide roundabouts on Birmingham Road at the project entrances to eliminate the requirement for additional turn lanes or as may be approved by the City Traffic Engineer. d. Provide a deceleration lane for each project entrance or as may be required by the City Traffic Engineer. e. Provide a left turn lane for each project entrance or as may be required by the City Traffic Engineer. f. Provide signalization at the intersection of Birmingham Highway and Birmingham Road or as required by the City Traffic Engineer. g. Provide a traffic impact study to the City Traffic Engineer at the time of conceptual review. h. Provide intersection improvements at Birmingham Highway (SR 372) and Hickory Flat Road/ Birmingham Road as required by the City Traffic Engineer. i. Provide a traffic impact mitigation plan to reduce the number of vehicular trips generated by the development to the City Traffic Engineer at the concept review phase. j. Investigate the option of providing on street parking along Birmingham Highway and Birmingham Road with the Georgia Department of Transportation. 5. To the owner's agreement to abide by the following: a. Prior to submitting the application for a (LDP) with the Community Development Department, arrange to meet with the City Traffic Engineer. A signed copy of the results of these meetings will be required to be submitted along with the application for a Land Disturbance Permit. b. Prior to submitting the application for an LDP, arrange an on-site evaluation of existing specimen trees/stands, buffers, and tree protection zones within the property boundaries with the City Arborist. A signed copy of the results of these meetings will be required to be submitted along with the application for an LDP. Prepared by the Community Development Department for the Milton City Council Meeting on October 18, 2007 10/11/2007 Page 13 of 16 RZ07-012 R/P Z04-043 c. Prior to submitting the application for an LDP, the developer/engineer shall contact the Public Works Department, Water Services Division, and arrange to meet on-site with an engineer from the Surface Water Management Program (SWMP), who is responsible for review of Storm Water Concept Plan submittals. d. Prior to submitting the application for an LDP, the developer and/or engineer shall submit to the SWMP, through the Community Development Department, a project Storm Water Concept Plan. This concept plan shall indicate the preliminary location of the storm water management facilities intended to manage the quality and quantity of storm water. The concept plan shall specifically address the existing downstream off-site drainage conveyance system(s) that the proposed development surface runoff will impact, and the discharge path(s) from the outlet of the storm water management facilities to the off-site drainage system(s) and/or appropriate receiving waters. As part of the Storm Water Concept Plan submittal, a preliminary capacity analysis shall be performed by the engineer on the off-site drainage system(s) points of constraint. The capacity analysis shall determine the capacity of all existing constraint points, such as pipes, culverts, etc. from the point of storm water discharge at the proposed development site boundary downstream to the confluence of the receiving drainage course at a point where the drainage area is at least ten times the proposed development site area and the next downstream drainage area having a drainage area of fifty acres or more. The critical capacity points shall be selected based upon the engineer’s field observation, professional judgment and limited field survey data. The analysis shall identify the downstream properties pre and post-development 100-year water surface elevations, and for any post-development water surface elevation increase exceeding 0.05 feet, the developer shall acquire the applicable offsite drainage easement to accommodate the 100-year storm flow through impacted properties where Fulton County has completed a model of the basin, it shall be used by the developer in the analyses. e. Where storm water currently drains by sheet flow and it is proposed to be collected to and/or discharged at a point, such that the discharge from the storm water management facility outlet crosses a property line, such discharge shall mimic pre-development sheet flow conditions. A description of the method proposed to achieve post-development sheet flow conditions shall be provided as part of the Storm Water Concept Plan. Should the method to achieve sheet flow across an external property line be unsuccessful, the developer shall acquire an easement(s) from the point of discharge to a point down gradient at a live dry weather stream sufficient to contain the 25 year storm flow or Prepared by the Community Development Department for the Milton City Council Meeting on October 18, 2007 10/11/2007 Page 14 of 16 RZ07-012 R/P Z04-043 other location as approved by the Director of Public Works. This condition will not apply when the storm water management facility is designed and approved to discharge directly to a stream or watercourse. f. A draft of the Inspection and Maintenance Agreement required by Fulton County Code Section 26-278 shall be submitted to the Department of Public Works with the Storm Water Concept Plan. g. The Inspection and Maintenance Agreement shall provide that all storm water management/detention facility outlet control structures shall be inspected, photographed and cleaned, if necessary, on a monthly basis, by the owner. The Inspection and Maintenance Agreement shall require that the design engineer shall prepare an operation and maintenance guidance document, for use by the owner and/or any professionals retained by the owner, to plainly describe the basic operational function of the facility(ies), including a description of a permanent marker post(s) which shall indicate that the level of sediment which, if exceeded, requires sediment removal. The Inspection and Maintenance Agreement shall require an annual operation and maintenance report for all storm water management/detention facilities be prepared by a licensed design professional and submitted to the SWMP. The annual report shall include monthly inspections, photographs, and documentation of the cleaning of storm water management/detention facilities outlet control structure(s) as well as an operational assessment of the facilities indicating that they do, or do not, function as described in the design guidance document (described above), and if they do not, a description of the specific actions to be taken to allow the facilities to function as intended. h. The required Inspection and Maintenance Agreement shall be recorded with the Clerk of Superior Court prior to issuance of an LDP, Grading Permit or Building Permit associated with the development. i. The engineer/developer is required to submit, along with the application for an LDP, signed documentation verifying approval of the Storm Water Concept Plan. j. Where paved parking areas (including access aisles) are proposed to exceed 5,000 square feet, the storm water management facilities shall be designed to reduce pollutants such as oil, grease and other automobile fluids that may leak from vehicles. A general description, or concept, of the storm water management facilities proposed to achieve the removal of such pollutants shall be submitted with the Storm Prepared by the Community Development Department for the Milton City Council Meeting on October 18, 2007 10/11/2007 Page 15 of 16 RZ07-012 R/P Z04-043 Water Concept Plan. A detailed design of such facilities shall be included in applicable documents for a land disturbance permit. k. With the application for an LDP, provide documentation (such as channel cross-sections, centerline profile, etc.) describing the geometry of those existing natural streams, creeks, or draws within the proposed development boundary which in the design engineer’s judgment are at risk of erosion due to increased flow, provide a description of the basis utilized in judging areas to be at risk, and provide details on the Storm Water Management Plan of the post-development channel bank protection measures. l. The developer/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 for the 1-year frequency storm event, up to and including the ten (10)-year frequency storm event. m. Drainage from all disturbed areas shall be collected and conveyed to a storm water management facility provided as part of the development. The Storm Water Concept Plan shall identify any proposed areas with incidental and minor release of water not conveyed to such facilities, subject to the approval of the Director of Public Works. Plans for any land disturbance permit shall show all proposed drainage patterns for the proposed development after its completion. Any incidental release of unmanaged or untreated storm flows from any disturbed portion of the developed property shall be allowed only with the approval of the Director of Public Works. Other minimal incidental flows specifically approved by the Director of Public Works, bypass flows will not be permitted except from undisturbed areas within a buffer or other protected easement. Final plans shall provide for collection, conveyance and treatment of all but approved incidental flows from developed lots or parcels, individual residences or building structures. n. Storm water management facility(ies) volumes shall be designed to achieve water quality treatment, channel protection, over bank flood protection and extreme flood protection in accordance with the Georgia State Storm water Manual, except that the duration of release for water quality treatment should be 48 hours. Prepared by the Community Development Department for the Milton City Council Meeting on October 18, 2007 10/11/2007 Page 16 of 16 RZ07-012 R/P Z04-043 -c City of Milton&" 13000 Deertield Parkway.Suite 107. Milton, Geargia 30004 CIIY COUNCIL AGENDA ITEM TO: City Council DATE: October 10,2007 FROM: Interim City Manager AGENDA ITEM: RZ07-016 -Text Amendment to the City of Milton Zoning Ordinance, Article 12G, State Route 9 Overlay District. MEETING DATE: Thursday, October 18,2007Regular Meeting BACKGROUND INFORMA TION: (Attach additional pages rf necessary) See attached memorandum I APPROVAL BY CITY MANAGER: (d APPROVED (J NOT APPROVED GINATTORNEY APPROVAL REQUIRED: (I YES M.0 /! CITY ATTORNEY REVIEW REQUIRED: (1 YES ny NoI APPROVAL BY CE TY ATTORNEY ()APPROVED ($ NOT APPROVED PLACED ON AGENDA FOR: REMARKS: \Q I C7 City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council Members From: Tom Wilson, Community Development Director Date: October 10, 2007 Re: RZ07-16 Article 12G Text Amendment to the City of Milton Zoning Ordinance Listed below is the item within the Zoning Ordinance to be amended. This item has been initiated by the Community Development Staff to help clarify and better enforce the Zoning Ordinance. The following item was presented at the September Planning Commission. Text amendments to the SR 9 Overlay District (RZ07-016) were initiated by the Planning Commission earlier this year. Some of the members of the Planning Commission met as a sub- committee to compile the changes. The Design Review Board was given an opportunity to review the proposed changes. The Planning commission discussed the changes at their meeting on August 28, 2007. This item went back before the Planning Commission on September 25 and will go to the City Council work session on October 18. RZ07-16 – Article 12G – State Route 9 Overlay District •12G.4.B. Undisturbed Buffers, page 2 This item was added to increase the amount of buffering required for non-residential uses adjacent to AG-1 or residentially zoned, used or developed property. •12G.4.F Building Materials and Architectural Treatments, pages 7-10 #7 Exhibit differentiated exterior wall materials on the vertical wall faces within each block of units. #8 Rooflines should exhibit differentiated architectural features. #13 Maximum of 2 stories with maximum height of 30 feet from average finished grade to bottom of the roof eave, excluding Morris road and Deerfield parkway. #16 Exterior wall materials of all non-residential building and townhouse, duplex and multifamily buildings consist of a minimum of 75% (per vertical wall plane) of the following: brick or natural stone. Staff notes it was originally 70%. #17 Accent building materials for all non residential buildings and multifamily units are limited to a maximum of 25% brick, tile, non-reflective glass, natural stone, etc. Staff notes that it had been 30% and deleted man-made stone. Table 12G-1 Deleted Pantone color #675C which was pink. 1 ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 AMENDED APRIL 19, 2007 ARTICLE XII-G State Route 9 Overlay District 12G.1. PURPOSE AND INTENT. The Mayor and City Council of the City of Milton, Georgia hereby declares it to be the purpose and intent of this Ordinance to establish a uniform procedure for providing for the protection, enhancement, preservation, unity of design, and use of places, sites, buildings, structures, streets, neighborhoods, and landscape features in the State Route 9 Overlay District in accordance with the provisions herein. This Ordinance is adopted as part of a strategy designed to promote the health, safety, order, prosperity, and general welfare of the citizens of Milton through the regulation of design, aesthetics, location, bulk, size of buildings and structures, and the density and distribution of population. This Ordinance also seeks to reduce congestion on the streets; to provide safety from fire, flood and other dangers; provide adequate light and open space; protect the natural environment and address other public requirements, in order to provide sustainable development that involves the simultaneous pursuit of economic prosperity, environmental protection and social quality. This Ordinance also seeks, among other things, to promote accepted design principles in areas of new development and redevelopment, to raise the level of community understanding and expectation for quality in the built environment, to protect and enhance local aesthetic and functional qualities, and to stimulate business and promote economic development. In consideration of the character of the State Route 9 District, these regulations are to monitor the suitability for certain uses, construction and design, prevent functional and visual disunity, promote desirable conditions for community and commerce and protect property against blight and depreciation. 12G.2. STATE ROUTE 9 OVERLAY DISTRICT REGULATIONS, The State Route 9 Overlay District applies to all properties (except single family detached dwelling units) within the area delineated on the attached map: State Route 9 Zoning Overlay District, September 4, 2003. The State Route 9 Overlay District also applies to those properties annexed into the City of Milton within the area delineated on the attached map. Within the State Route 9 Overlay District, land and structures shall be used in accordance with the standards of the underlying district. Whenever provisions of this Article conflict with any other Article in the Zoning Ordinance of the City of Milton or any other City ordinances, regulations, or Ordinances, the standards set forth in this Article XII-G shall prevail. Page 1 of 13 TEXT AMENDMENT RZ07-016 Recommended amendments by PC at 9/25/07 meeting in Yellow Highlights Deleted: zoned or developed for¶ nonresidential and residential uses 12G.3. DESIGN REVIEW BOARD The City of Milton Design Review Board (Article XII-H) as set forth in Section 12.H.2 of the Ordinance, shall review all plans for development (except for single family detached dwelling units) in the State Route 9 Overlay District for compliance with the standards herein and shall make recommendations to the Community Development Department prior to the approval of a Land Disturbance Permit, Building Permit, Demolition Permit or Primary Variance. 12G.4. DEVELOPMENT STANDARDS. 12G.4. A. Landscaping 1. A minimum 20-foot wide landscape strip along the following roads when Article 4 of the Zoning Ordinance specifies a smaller landscape strip: State Route 9, Windward Parkway, Deerfield Parkway, Cogburn Road, Webb Road, Morris Road, and Bethany Bend Road 2. A minimum 10-foot wide landscape strip along any interior property line adjacent to a nonresidential zoning and/or use. 3. For each 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. 12G.4. B. Undisturbed Buffers 1. For sites on four acres or less, a fifty (50) foot-wide undisturbed buffer, with a 10-foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used or developed for residential uses. 2. For sites on more than four acres, a seventy-five (75) foot-wide undisturbed buffer, with a 10-foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. 3. To make buffers seem natural, an equal mix of three species from the “Acceptable Evergreen Plan Material for City of Milton Undisturbed Buffers” shall be used. Page 2 of 13 TEXT AMENDMENT RZ07-016 Recommended amendments by PC at 9/25/07 meeting in Yellow Highlights C.. Screening and Fencing 1. If visible from a public right-of-way or adjacent residential use, rear or side parking and loading areas shall be screened from view by one of the following methods: placement behind the building, 100% opaque fencing, a berm, or vegetative screen planted to buffer standards. Side parking on a corner lot facing a side street does not need to be screened. 2. Where a parking lot, parking structure or gas fueling bay fronts directly on a public street, a continuous screen of evergreen plantings shall be provided. Said screen shall be 3 feet in height at planting and 4 feet minimum height at maturity and 3 feet to 8 feet in width at maturity. 3. Retaining walls shall be faced with or constructed of stone, brick, or decorative concrete modular block only. If any retaining wall equals or exceeds three feet in height, a continuous evergreen planting shall be required adjacent to it. 4. Refuse areas and receptacles shall be placed in the least visible location from public streets and shall be enclosed on 3 sides with opaque walls. The 4th side shall be a self-closing gate made from non-combustible materials. Opaque walls shall be a minimum of 12 inches higher than the receptacle. Wall materials shall be noncombustible brick or stone. Refuse receptacles shall not be placed within 50 feet of an existing residential or AG-1 (Agricultural) property line. 5. Accessory site features located on the ground shall be screened from view from any public right-of-way or any residential use by one or a combination of the following: placement behind the building, 100% opaque fencing, a berm, or vegetative screen planted to buffer standards. Where walls or fences are used in lieu of planted screens, landscape materials shall be incorporated into the screening scheme. 6. Accessory site features are prohibited in the front yard or in any yard adjacent to a street. 7. Accessory site features on a roof shall be screened from the view of public and private streets by a parapet or other architectural feature or as approved by the Community Development Director. No parapet shall be required to be greater than 4 feet above roof. Page 3 of 13 TEXT AMENDMENT RZ07-016 Recommended amendments by PC at 9/25/07 meeting in Yellow Highlights Deleted: B 8. Flat roofs shall be screened from the view of public and private streets by a parapet. No parapet shall be required to be greater than 4 feet above roof. 9. Along public streets, fencing materials shall be natural or manmade stone, brick, aluminum, ornamental or decorative wrought iron, architectural concrete, or wood. Unpainted pressure treated wood is prohibited. 10. Fences adjacent to a public street shall not exceed 55 inches in height measured from finished grade. 11. Chain link fencing may be used along golf courses, play fields, and other recreational areas. All chain link fencing shall be black or hunter green vinyl coated. Exception: Chain link fencing shall not be allowed if fencing can be seen during any month of the year from the following streets: Windward Parkway, Deerfield Parkway, Cogburn Road, State Route 9, Webb Road, Morris Road, and Bethany Bend Road. 12. When required, fencing material around detention/retention facilities shall be black or hunter green vinyl coated chain link fence or as approved by the Director. 13. Painted chain link fences are prohibited. 12G.4. D. Pedestrian Paths Deleted: C 1. Sidewalks are required along all public and private road frontages and shall be a minimum of 6 feet wide. 2. Sidewalks, multi-use paths and other pedestrian paths shall be illustrated on the site plan submitted at the time of application for a Land Disturbance Permit 3. Sidewalks shall be allowed to meander as topography permits subject to the approval of the Director of the Community Development Department. Deleted: Manager of Environment and 4. Multi-use paths for bicycles and pedestrians may be substituted for the required sidewalks as approved by the Director of Community Development and the Manager of Community Services when the path is part of the Milton Bicycle and Pedestrian Plan. 5. Multi-use paths designed for use by bicyclists and pedestrians shall be 12 feet wide. Page 4 of 13 TEXT AMENDMENT RZ07-016 Recommended amendments by PC at 9/25/07 meeting in Yellow Highlights 6. Multi-use paths designed with separate paths for bicyclists and pedestrians shall be 15 feet wide, 10 feet for bicycles and 5 feet for pedestrians. 7. Sidewalk connector paths shall be constructed across the entire length of all concrete aprons and shall be textured to match the appearance of sidewalk materials, in color, texture and design. Sidewalk connector paths shall comply with all applicable standards of the Americans with Disabilities Act (ADA). 8. Internal walkways (paths) are required from the public sidewalk to the main entrance of the principle use of the property and shall meet applicable Americans with Disabilities Act (ADA) standards. 9. If provided, street furniture shall be located outside the specified width of any pedestrian path. 10. Paths shall be designed to minimize direct auto-pedestrian interaction. 11. Intra-parcel walkways crossing parking lots shall be distinguished from parking lots by the use of colors, texture (use of different materials), difference in rise above the parking lot or a combination of these methods, to minimize auto-pedestrian conflict. 12. Sidewalks shall be connected to applicable signalized crosswalks and with bus stops. 13. Paths shall be direct and convenient routes between points of origin (such as a bus stop) and destination (such as a shop, bank, etc). 14. The lighting plan for pedestrian paths shall be included on the site plan submitted at the time of application for a Land Disturbance Permit. Pedestrian lighting shall also be shown on the landscaping plan so that future mature growth vegetation does not conflict with proposed lighting. 15. Pedestrian connectivity between residential and nonresidential developments is required. 12G.4. E. Lighting 1. A lighting plan for open parking lots and pedestrian paths shall be submitted for approval prior to the issuance of a Land Disturbance Permit. Page 5 of 13 TEXT AMENDMENT RZ07-016 Recommended amendments by PC at 9/25/07 meeting in Yellow Highlights Deleted: D 2. Any lighting fixture shall be a cutoff luminary whose source is completely concealed with an opaque housing. Fixtures shall be recessed in the opaque housing. Drop dish refractors are prohibited. The wattage shall not exceed 420 watts/480 V per light fixture. This provision includes lights on mounted poles as well as architectural display and decorative lighting visible from a street or highway. Wall pack lighting shall be cut-off down directional a maximum of 250 watts. Canopy lighting shall be cut-off down directional a maximum of 250 watts. Canopy lighting shall be cut-off luminaries with a maximum lamp wattage of 400 watts. 3. Light sources (lamps) shall be incandescent, fluorescent, metal halide, mercury vapor, natural gas, or color corrected high pressure sodium (CRI of 60 or better). The same type must be used for the same or similar type of lighting on any one site. 4. Mounting fixtures must be modified in such a manner that the cone of the light is not directed at any property line. The minimum mounting height for a pole is 12 feet. The maximum mounting for a pole is 28 feet. Any fixture and pole located within 20 feet of a residential zoning shall be a type four or forward throw distribution. 5. All site lighting shall be designed so that the illumination as measured in foot-candles at any one point meets the following standards: Minimum and maximum levels are measured at any one point. Average level is not to exceed the calculated value and is derived using only the area of the site included to receive illumination. Points of measure shall not include the area of the building or areas which do not lend themselves to pedestrian traffic. Also, if the major portion of the lighting design is to be in the front of a building, the average level should not be affected by adding a light or two in the back of the same building, which would raise the average of the intended area for lighting. 6. Future renovations, upgrades, or additions to existing facilities prior to the effective date of this ordinance shall not exceed existing illumination levels below. The entire site must be bought into conformance with this article should a renovation, upgrade, or addition occur that would require a land disturbance permit. Location or Type of Lighting Minimu m Level Average Level Maximum Level Area for display of Outdoor 1.0 5.0 15.0 Page 6 of 13 TEXT AMENDMENT RZ07-016 Recommended amendments by PC at 9/25/07 meeting in Yellow Highlights Merchandise Commercial, Office, and Public/Semi-Public Parking Areas 0.6 2.40 10.0 Multi-Family Residential Parking Areas 0.2 1.50 10.0 Walkways and Streets 0.2 2.00 10.0 Landscape and Decorative 0.0 0.50 5.0 7. Historic period lighting shall be used. 8. Lights shall be architecturally decorative with a historic style (includes shepherds crook, pole top, and bollard). The same type of design must be used along pedestrian pathways and/or common areas. 9. Shoe box, cobra lighting fixtures, and neon lighting are prohibited. 12G.4. F. Building Materials and Architectural Treatments 1. Developments shall include architecture elements such as columns, arcades, covered entry-walkways, arches, facade offsets, windows, balconies, offset walls, clock towers, cupolas and/or courtyards. 2. The principle entry area of a building shall be articulated and express greater architectural detail than other portions of the building. 3. To the extent any rear or side of any building is visible from any public street or single family residence, architectural treatment shall continue through the rear or side. 4. All buildings shall be oriented to face a street or courtyard 5. Any nonresidential building façade shall have a minimum of 25% fenestration or as may be approved by the Director of Community Development. 6. Front yard fences shall be non-opaque. Opaque fences are permitted in side and rear yards. Page 7 of 13 TEXT AMENDMENT RZ07-016 Recommended amendments by PC at 9/25/07 meeting in Yellow Highlights Deleted: E 7. Building plans for townhouse and duplex developments shall exhibit differentiated exterior wall materials on the vertical wall faces within each block of units and architectural features such as porches, balconies, bay windows, stoops, which are consistent with one overall architectural theme. 13. The massing of buildings with ground floor areas greater than 10,000 square feet is subject to the approval of the Director of Community Development prior to the issuance of a Building Permit. Deleted: ¶ 8. Townhouse and Duplex development rooflines should exhibit differentiated architectural features such as gables, pyramidal, and hip. Rooflines should be varied. Mansard roofs are not permitted. 9. Alleys shall only be allowed if the alley is located between two rows of townhouses or duplex developments. If constructed, alleys shall exhibit a continuous network with other streets and or alleys at the rear of each building lot. Deleted: 8 10. Exterior buildings shall demonstrate a variety of appearances which are all compatible with one selected architectural theme. 11. Buildings shall not end abruptly at a corner. Corner buildings shall demonstrate focal points which anchor the corner. Corner buildings should have functional extensions around any corner. 12. The scale of buildings with ground floor areas greater than 10,000 square feet is subject to the approval of the Director of Community Development prior to the issuance of a Building Permit. Deleted: Deleted: 9 Deleted: 10 Deleted: 1 Deleted: ¶ 13. There shall be a maximum of 2 stories with a maximum height of 30 feet from average finished grade to bottom of the roof eave.¶ Deleted: 2 Deleted: 4 14. Building entrances and front exteriors shall be articulated and designed to create additional visual interest by varying architectural details, building materials, and by varying the roof line and building offsets. 15. The exterior wall materials of all non-residential buildings and townhouse, duplex, and multifamily buildings consist of a minimum of 75% (per vertical wall plane) of the following: brick or natural stone. Deleted: Example of Corner Building¶ 1 Deleted: 30 Deleted: 6 Accent building materials for all non-residential buildings, and also Deleted: 0 townhouse, duplex and multifamily units are limited to a maximum of 25% brick, tile, non-reflective glass, natural stone with weathered, polished or fluted face, textured traditional cement stucco, architectural Page 8 of 13 Deleted: or man-made Deleted: ¶ TEXT AMENDMENT RZ07-016 Recommended amendments by PC at 9/25/07 meeting in Yellow Highlights concrete masonry with fluted, split-face, or broken-face finish, Portland cement plaster and lath systems, architectural (either precast or tilt-up) concrete (fluted or with exposed aggregate finish), or Hardi-plank. 17. Exposed concrete masonry unit (CMU) block, corrugated steel, aluminum siding, vinyl siding, prefabricated metal, exposed plywood, and exposed pressboard are prohibited as exterior finishes. 18. Exterior finishes for accessory structures shall be consistent with the principle structure. 19. Permitted colors for exterior walls, building components, sign structures, accent and decorative elements shall be as specified by Table 12G-1 or as approved by the Director of Community Development. Table 12G-1 Permitted Colors for Exterior Walls, Building Components, Sign Structure, Accent and Decorative Elements The following numbers refer to the Pantone Matching System, an international color matching system Exterior Building Walls, Building Components, Sign Structure, Accent and Decorative Elements Accent and Decorative Elements Only White Black White Browns, Beiges and Tans 462 C to 468 C 4625 C to 4685 C 469 C, 474C, 475 C 4695 C to 4755 C 478 C, 719 C to 724 C 725 C to 731 C 476U to 482U 719U to 725U 726U to 732U Greens 553 C to 554 C 560 C to 561 C 614 C to 616 C 3302 C to 3305 C 3295 C 342C, 343 C 3435 C 356 C, 357 C 5467 C to 5527 C 3305U, 3308U, 335U 336U, 341U-343 U 3415 U to 3435 U 349 U 356 U to 357 U 5535U to 5595U 553U to 559U Page 9 of 13 TEXT AMENDMENT RZ07-016 Recommended amendments by PC at 9/25/07 meeting in Yellow Highlights Deleted: 675C Reds 168 C, 181 C 483 C, 484 C , 1685C, 4975 C Grey 429 U to 433 U 443 U to 447 U Warm Grey 6U-11U Cool Grey 6U-11U 5467U to 5527U Red-Browns 154 U, 1395 U 1405 U Grey-Blue 5395U to 5455U 621U to 627U 642U to 644U 647U to 650U 654U to 656U 662U Green-Grey 5605U to 5665U 20. Permitted sloped roof materials are asphalt shingles, composition shingles, wood shingle, tin, standing seam metal, and wood shake. Sloped roofs are encouraged wherever feasible. 21. Roof colors shall be black, gray, dark gray, brown, red or green. Reflective and metallic colors are prohibited unless described above. 22. Building components such as burglar bars, steel gates, metal awnings and steel roll-down curtains are prohibited if visible from a public street. 23. Neon lights outlining and/or detailing building features are prohibited. 12G.4. G. Parking 1. On-street surface parking spaces located adjacent to the front property line shall be counted toward the minimum number of parking spaces required for that lot. 2. Access lanes and additional curb cuts (other than the primary access drive) shall be located to the side or rear of the property. The maximum width of the access lane and/or driveway is 18 feet. 3. Decks shall be constructed to conceal vehicles. 4. Decks shall include architectural detailing and finish compatible with surrounding buildings. Page 10 of 13 TEXT AMENDMENT RZ07-016 Recommended amendments by PC at 9/25/07 meeting in Yellow Highlights Deleted: F 5. At least one bicycle parking area shall be provided for each nonresidential development. 6. Loading areas shall be located in the rear or side yards. 12G.4. H. Miscellaneous Provisions Deleted: G 1. Telecommunications switchboards, power generators, and other telecommunication relay equipment rooms or floors housing such uses are limited to the following areas of a building: (a) subterranean levels, (b) first and second floors which are set back a minimum of 50 feet from the street, or (c) third and fourth floors. 2. Stealth design is required for all cell towers. 3. Height of cell towers shall not exceed 199 feet. 4. The wireless communications facility shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications is discontinued. 5. Neither parking lots nor areas immediately adjacent to a building shall be used for storage or sale of goods. 6. Storage of shopping carts is allowed without a permit. 7. Displaying or sale of goods outside the interior permanent and sheltered portions of a building is prohibited. Exceptions: seasonal holiday trees, pumpkins, and open air fairs provided an administrative permit is obtained, pursuant to Article 19. 8. Vending machines, paper stands, and other similar devices must be located interior to the building structure. 12G.6. SEVERABILITY. In the event that any section, subsection, sentence, clause or phrase of this Article shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Article, which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. 12G.7. APPEALS. Any persons aggrieved by a final decision of the Department of Community Development relating to this article may appeal such final decision to the Board of Zoning Appeals by filing in writing setting forth plainly, fully and distinctly why the final decision is contrary to law per the Milton Zoning Ordinance. Such appeal shall be filed within 30 days after the final decision of the department is rendered. Page 11 of 13 TEXT AMENDMENT RZ07-016 Recommended amendments by PC at 9/25/07 meeting in Yellow Highlights 12G.8. ADOPTION AND EFFECTIVE DATE. NOW, THEREFORE BE IT RESOLVED, the Mayor and City Council does hereby ordain, resolve and enact the foregoing Article XIIG to the Zoning Ordinance of City of Milton, Georgia. Page 12 of 13 TEXT AMENDMENT RZ07-016 Recommended amendments by PC at 9/25/07 meeting in Yellow Highlights STATE ROUTE 9 OVERLAY DISTRICT MAP Page 13 of 13 TEXT AMENDMENT RZ07-016 Recommended amendments by PC at 9/25/07 meeting in Yellow Highlights "7-City of Milton 13660 Deerfield Parkway, Suite 107,Milton, Georgia 30304 ClTY COUNCIL AGENDA ITEM TO: City Council DATE: October 11,2007 FROM: Interim City Manager AGENDA ITEM: Approval of Revisions to Chapter I 1, Article 2 Code of Ordinances - Business and Occupational Licenses. MEETING DATE: Thursday, October 7 8, 2007 Regular Meeting BACKGROUND INFORMA TION: (Attach additional pages [f necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1) APPROVED () NOTAPPROVED CiN ATTORNEY APPROVAL REQUTRED: YES 0 No CITY ATTORNEY REVIEW REQUIRED: $YES 0 I APPROVAL BY ClTY ATORNEY ()APPROVED () NOT APPROVED City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carol R. Wolfe, CH2M HILL Director of Operations Date: October 18, 2007 City Council Meeting for First Presentation and the November 1, 2007 City Council meeting for Second Reading Agenda Item: Approval of Revisions to Chapter 11, Article 2 Code of Ordinances – Business and Occupational Licenses CMO (City Manager’s Office) Recommendation: Approve the recommended revisions to the ordinance governing the issuance of business and occupational licenses. Discussion: Subsequent to a revision to Chapter 11 in May 2007, the chapter was submitted to the State Department of Insurance for review regarding compliance specifically in the area of collecting insurer’s license fees. The Department of Insurance has requested two changes to the ordinance, 1) correction of state statute references in Article 2, Section 3, and 2) correction to Sections 5 and 6 regarding the calendar year in which the City will collect insurance premium tax. These changes are on pages 12-13 of the chapter. There are no other changes to the remainder of the chapter. The City Attorney has reviewed the proposed changes and made further revisions, which have been approved by Linda Brooks of the Insurance Commissioner’s Office, to make it clear that the City is not waiving any claims to levying the insurance premium tax for 2007, but also noting that to the extent that the City is unable to levy for 2007, it is our intent that the City levy the tax in 2008. Concurrent Review: Chris Lagerbloom, Interim City Manager Mark E. Scott, City Attorney 1 ____________________________ _____________________________ ORDINANCE NO. STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 11, ARTICLE 2,BUSINESS AND OCCUPATIONAL LICENSES, OF THE CITY OF MILTON CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Milton, Georgia while in a Regular called Council meeting on the ____ day of _______________, 2007 at 7:00 p.m. as follows: SECTION 1. That the Ordinance relating to amending Chapter 11, Article 2, Business and Occupational Licenses, of the City of Milton Code of Ordinances, is hereby adopted and approved; and is attached hereto as if fully set forth herein; and, SECTION 2. All Ordinances, parts of ordinances, or regulations in conflict herewith are hereby repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the _____ day of ______________, 2007. Approved: Joe Lockwood, Mayor Attest: Jeanette R. Marchiafava, City Clerk (Seal) 1 OF 31 Chapter 11: Business Occupation Tax, Licenses, and Regulation Article 1: Business and Occupation Taxes. *State law reference(s) Business and occupation taxes, O.C.G.A. §48-13-5 et seq. Section 1: Definitions Unless specifically defined elsewhere, as used in this Article, the term: (a) “Administrative fee” means a component of an occupation tax that approximates the reasonable cost of handling and processing the occupation tax. (b) Except as otherwise provided in subparagraph (i) of this paragraph, “Employee” means an individual whose work is performed under the direction and supervision of the employer and whose employer withholds FICA, federal income tax, or state income tax from such individual’s compensation or whose employer issues to such individual for purposes of documenting compensation a form W-2, but not a form I.R.S. 1099. (c) “Gross receipts” (i) “Gross receipts” means total revenue of the business or practitioner for the period, including without being limited to the following: (A) Total income without deduction for the cost of goods sold or expenses incurred; (B) Gain from trading in stocks, bonds, capital assets, or instruments of indebtedness; (C) Proceeds from commissions on the sale of property, goods, or services; (D) Proceeds from fees charged for services rendered; and (E) Proceeds from rent, interest, royalty, or dividend income. (ii) Gross receipts shall not include the following: (A) Sales, use, or excise taxes; (B) Sales returns, allowances, and discounts: (C) Inter-organizational sales or transfers between or among the units of a parent subsidiary controlled group of corporations, as defined by 26 U.S.C. Section § 1563(a)(2), or between or among wholly owned partnerships or other wholly owned entities; Page 1 of 31 2 OF 31 (D) Payments made to a subcontractor or an independent agent for services which contributed to the gross receipts in issue; (E) Governmental and foundation grants, charitable contributions or the interest income derived from such funds, received by a nonprofit organization which employs salaried practitioners otherwise covered by this chapter, if such funds constitute eighty percent (80%)or more of the organization’s receipts and (F) Proceeds from sales of goods or services which are delivered to or received by customers who are outside the state at the time of delivery or receipt. (d) “License” shall mean a permit or certificate issued by the City Treasurer that allows an entity to operate lawfully in the City of Milton. A license does not create any rights to operate in violation of any provision of this Code of Ordinances and it may be revoked by the Mayor and City Council at any time. This definition applies to any license issued pursuant to this Chapter. (e) “Location or office” shall include any structure or vehicle where a business, profession, or occupation is conducted, but shall not include a temporary or construction work site which serves a single customer or project or a vehicle used for sales or delivery by a business or practitioner of a profession or occupation which has a location or office. The renter’s or lessee’s location which is the site of personal property which is rented or leased from another does not constitute a location or office for the personal property’s owner, lessor, or the agent of the owner or lessor. The site of real property which is rented or leased to another does not constitute a location or office for the real property’s owner, lessor, or the agent of the owner or lessor unless the real property’s owner, lessor, or the agent of the owner or lessor, in addition to showing the property to prospective lessees or tenants and performing maintenance or repair of the property, otherwise conducts the business of renting or leasing the real property at such site or otherwise conducts any other business, profession, or occupation at such site. (f) “Occupational tax” means a tax levied on persons, partnerships, corporations, or other entities for engaging in an occupation, profession, or business. (g) “Practitioner of professions and occupants” shall not include a practitioner who is an employee of a business, if the business pays an occupation tax. (h) “Regulatory fees” means payments, whether designated as license fees, permit fees, or by another name, which are required by the City of Milton as an exercise of its municipal power and as a part of or as an aid to regulation of an occupation, profession, or business. The amount of a regulatory fee shall approximate the reasonable cost of the actual regulatory activity performed by the City of Milton. A regulatory fee does not include an Page 2 of 31 3 OF 31 administrative or registration fee. Regulatory fees do not include required occupation taxes for businesses and professions located in the City of Milton. State law reference(s) - Define generally, O.C.G.A. §48-13-5 Section 2: Business License Required. (a) All persons, firms, companies, or corporations, including limited liability companies and professional corporations, now or hereafter operating a business in the City of Milton, are hereby required to register their business or office, obtain an occupation tax certificate for their business or office, and pay the amount now or hereafter fixed as taxes and fees thereon as authorized under the provisions of Chapter 13 of Title 48 of the Official Code of Georgia, Annotated, as amended by Ga. L. 1993, p. 1292. (b) The occupation tax certificate shall serve as a business license. Additional business licenses may be required as established in this Chapter. (c) Stock or manufacturing companies or other companies, subsidiaries, agencies, district offices, branch offices, corporations or individuals, having either their business proper or their general branch offices located within the City of Milton, and either represented by the officers of the company, or any agent, for the purpose of soliciting patronage for the same, or for the transaction of any business pertaining thereto, shall be required to obtain an occupation tax certificate. (d) All licenses granted under this Article shall expire on December 31 of each year. Licensee(s) shall be required to file an application in each ensuing year. The applicant shall be required to comply with all rules and regulations for the issuance of license(s) as if no previous license(s) had been held. State law reference(s) - Levy of occupation tax, O.C.G.A. § 48-13-6. Section 3: Fee; basis. (a) Except as otherwise provided in this Article, every business and practitioner subject to this Article shall pay a tax based on the gross receipts of such business (the “occupation tax”). (b) The gross receipts fee schedule (see Exhibit A-Fee Schedule) shall be followed in the calculation of the occupational tax. The fees shall be based on the North American Industry Classification System (NAICS) code of the business. (c) Home based business (limit of one employee) shall pay a flat rate fee (see Exhibit A-Fee Schedule). (d) Businesses not generating gross receipts at the business location in the City of Milton, such as but not limited to call centers and warranty service centers, shall pay shall pay a Page 3 of 31 4 OF 31 rate based on the number of employees performing work at the business location(s) in the City. (see Exhibit A-Fee Schedule). The number of employees shall be computed on a full-time position basis and a full-time position equivalent basis. For the purpose of the calculation an employee who works forty (40) hours or more weekly shall be considered a full-time employee and the average weekly hours of employees who work less than forty (40) hours weekly shall be added and such sum shall be divided by forty (40) to produce full-time position equivalents. (e) The fees described in this section are adopted for the calendar year 2007 and shall continue in full force and effect until modified by action of the Mayor and City Council. (f) All businesses and occupations, other than those practitioners, listed in Section 9 of this Article shall be assessed a nonrefundable administrative fee for handling and processing business occupation tax registrations, which is a component of the occupation tax for new and existing businesses and is separately identified in the registration process. Section 4: Application for Registration (a) It shall be the duty of each person, firm or corporation subject to this Article, to file with the City of Milton Treasurer’s Office on or before January 31 March 31 of each calendar year an application for registration under this Article setting forth all activities of each business, its NAICS code and/or its revenue code, its estimated gross receipts (or per employee tax if applicable) for the calendar year of the registration, computation of the amount of tax due including the administrative fee and per employee tax, a copy of the profit and loss statement, a copy of its Georgia Income Tax Return, and such other information as may be required by the City of Milton Treasurer’s Office to properly administer this Article, including the information specified in Section 6 of this Article. For businesses or practitioners with more than one type of service or product, including businesses or practitioners listed under and subject to O.C.G.A. 48-13-1 et seq., the entire gross receipts shall be classified according to the dominant service or product based upon the information provided under subsection (a) hereof. (b) Each business or practitioner with a location or office situated in more than one jurisdiction, including businesses or practitioners with one or more location or office in Georgia and one or more location outside the state, the City of Milton shall allocate the gross receipts as follows for occupation tax purposes in accordance with the following: (i) Where the business or practitioner can reasonably allocate the dollar amount of gross receipts of the business or practitioner to one or more of the locations or offices on the basis of product manufactured in that location or office or the sales or other serviced provided in that location or office, the City of Milton shall tax the gross receipts generated by the location or office within the State of Georgia; or Page 4 of 31 5 OF 31 (ii) Where the business or practitioner cannot reasonably allocate the dollar amount of gross receipts among multiple locations or offices, the business or practitioner shall divide the gross receipts reported to all local governments in this state by the number of locations or offices of the business or practitioner which contributed to the gross receipts reported to any local government in this state, and shall allocate an equal percentage of such gross receipts of the business or practitioner to each location or office. (iii) In no instance shall the sum of the portions of the total gross receipts of a business or practitioner taxed by all local governments exceed 100 percent of the total gross receipts of the business or practitioner. (iv) In the event of a dispute between the business or practitioner and Milton as to the allocation under this code section, the business or practitioner shall have the burden of proof as to the reasonableness of this allocation. (v) Upon request, businesses or practitioners with a location or office situated in more than one jurisdiction shall provide to the City of Milton the following: (A) Financial information necessary to allocate the gross receipts of the business or practitioner, and (B) Information relating to the allocation of the business’s or practitioner’s gross receipts by other local governments. (C) When the City of Milton levies an occupation tax on a business or practitioner which has locations encompassed by other jurisdictions and the other jurisdictions use different criteria for taxation, the City of Milton shall not tax any greater proportion of the gross receipts than authorized by the law. (D) For each business and practitioner with no location or office within the State of Georgia, but which: (1) Has one or more employees or agents who exert substantial efforts within the City of Milton for the purpose of soliciting business or serving customers or clients; or (2) Owns personal or real property which generates income and which is located in the City of Milton, gross receipts of such business or practitioner for purposes of this section shall include only those gross receipts reasonably attributable to sales or services in the State of Georgia. If such business or practitioner provides to the City of Milton Treasurer’s Office proof of payment of a local business or occupation tax in another state which purports to tax the business’s or practitioner’s sales or services in the State of Page 5 of 31 6 OF 31 Georgia, the business or practitioner shall be exempt from this Article. (c) Real estate brokers transacting business within the corporate boundaries of the City of Milton are subject to this article. Real estate brokers shall be liable for tax only on gross receipts arising from transactions involving real estate located within the corporate boundaries of the City of Milton. Real estate brokers shall be liable for such taxes without regard to their having a location or office in the City. (d) The provisions of this section may be amended from time to time by ordinance of the Mayor and City Council for the purpose of providing for exceptions to business and occupation taxes as provided under O.C.G.A. §48-13-10(f). State law reference(s) - Code 1981, § 4843-14, enacted by Ga. L. 1993, p. 1292, § 7; Ga. L. 1995, p. 419, § 1; Ga. L. 1999, o. 749, § 5. Section 5: Payment of fee; separate locations; refunds. (a) Following the filing of the application as provided for in Section 4 of this Article, each business or professional practitioner subject to this code shall remit payment in full for all taxes and fees due not later than January 31 March 31 of the year in which the application is filed. Each person, firm or corporation operating under various trade names must secure a separate occupation tax certificate for each trade name issued. In addition, a separate occupation tax certificate must be secured for each business location. (b) Certificate applicants for trade names and for separate business locations shall pay the nonrefundable administrative fee imposed hereby, in addition to the tax imposed by Section 3 of this Article. In the event a business ceases to operate after the issuance of an occupation tax certificate, no refund of the fee or tax shall be granted. (c) Except as provided in subsection (b), the refund of the occupation tax levied herein is governed by O.C.G.A. § 48-5-380. State law reference(s) - O.C.G.A. § 48-5-380. Section 6: Inspection of Records. (a) It shall be the duty of all businesses subject to the tax and administrative fee imposed by Section 3 of this Article with the exception of those businesses and practitioners electing to proceed under Section 9 of this Article, to maintain and to provide as a part of their business occupation tax registration such records as will establish gross receipts as herein defined, including but not limited to, profit and loss statements prepared on a calendar year basis, and method of allocation of revenue for businesses and practitioners maintaining locations in other counties and municipalities, if applicable. Such businesses and practitioners shall also make available for inspection by representatives of the City of Milton Treasurers’ Office all reports Page 6 of 31 7 OF 31 submitted to the sales tax unit of the Georgia Department of Revenue showing sales taking place in Georgia and other tax returns showing gross receipts. (b) Lending institutions and any other organization engaged in the lending of money at interest and/or for a fee or commission and otherwise subject to the requirements of this Article shall provide, for each lending transaction, a loan term sheet or other summary showing the amount of such loan, the interest rate thereon, and total fees, interest and/or commissions to be charged on such loan, assuming payment in the normal course of business. Section 7: Termination of Business. It shall be the duty of each business and practitioner subject to fees and occupation taxes under this Article when it shall cease to do business or practice to return its current occupation tax certificate, together with a statement as to the date of termination of doing business or practice to the City of Milton Treasurer’s Office. Section 8: Commencement of business after January 1 Businesses and practitioners which do not commence operation by January 1, of any year, shall pay the amount of administrative fees and occupation taxes set forth in this Article based on anticipated revenue for the balance of the calendar year as provided in Section 4 of this Article. Such payments shall be due and payable thirty (30) days following the commencement of the business. Section 9: Professional occupation tax. Notwithstanding any other provision of this Article there is hereby imposed upon practitioners of law, medicine, osteopathy, chiropractic, podiatry dentistry, optometry, applied psychology, veterinary, landscape architecture, land surveying, massage therapy and physiotherapy, public accounting, embalming, funeral directing, civil mechanical, hydraulic and electrical engineering, architecture, marriage and family therapists, social workers, and professional counselors, as their entire occupation tax one of the following, at the practitioner’s election: (a) The occupation tax resulting from application of the other provisions of this Article; or (b) The practitioner shall elect to pay a flat fee for each year for the year 2006 and subsequent years, but a practitioner paying according to this shall not be required to provide information relating to the gross receipts of such practitioner. For the purposes of this section, a “practitioner” shall include any individual holding license to practice any of the professions specified herein regardless of whether such individual shall practice as a professional corporation or professional association. Section 10: Transfer, suspension, revocation. (a) Transfer. Page 7 of 31 8 OF 31 No certificate issued hereunder may be transferred. Any new business or practitioner shall apply and register for a new certificate within thirty (30) days after the commencement of business. (b) Revocation. (i) Each certificate granted hereunder shall be subject to suspension or revocation for violation of any current or future rule or regulation of this Code, the Code of Ordinances for Fulton County, or state or federal law. (ii) Notice (A) Whenever, in the opinion of the City of Milton, there is cause to suspend or revoke this certificate, a written notice of intention to suspend or revoke the certificate shall be furnished to the holder thereof. A hearing will be scheduled wherein the certificate holder may present his/her case before the Mayor and City Council or such board as the Mayor and City Council may designate. (B) After the hearing the Mayor and City Council or its designate may suspend or revoke this certificate if the grounds set forth below in subsection (C) exist or in the Mayor and City Council’s discretion if the establishment is a threat or nuisance to public health, safety or welfare. (C) The decision to suspend or revoke a certificate issued under this Article shall be solely within the discretion of the Mayor and City Council or such board as the Mayor and City Council may designate. An occupation tax certificate may be suspended or revoked upon one or more of the following grounds, but is not limited to: (1) The certificate holder is guilty of fraud in the business or occupation he/she practices, or fraud or deceit in being licensed to practice in that area; (2) The certificate holder is engaged in his/her business or occupation under a false or assumed name, or is impersonating another practitioner of a like or different name; (3) The certificate holder is addicted to the habitual use of intoxicating liquors, narcotics, or stimulants to such an extent as to incapacitate such person to the extent that he/she is unable to perform his/her duties; (4) The certificate holder is guilty of fraudulent, false, misleading, or deceptive advertising or practices; Page 8 of 31 9 OF 31 (5) The certificate holder has been convicted of or has pled guilty or nolo contendere to any sexual offense as set out in Title 16, Chapter 6 of the Official Code of Georgia Annotated, or to any offense involving the lottery, illegal possession or sale of narcotics or alcoholic beverages or possession or receiving of stolen property, for a period of five (5) years immediately prior to the filing of the application. If after having been granted a certificate, the applicant is found not to be of good moral character, or pleads guilty or enters a plea of nolo contendere to any of the above offenses, said certificate shall be subject to suspension and/or revocation; (6) The application contains materially false information, or the applicant has deliberately sought to falsify information contained therein; or (7) The establishment is a threat or nuisance to public health, safety or welfare; or (8) any other violation of this Ordinance. Section 11: Payment; penalty for late payment; issuance of executions against delinquent taxpayers (a) Any occupation tax with its associated administrative fees hereunder, shall be due and payable by than January 31 March 31 of each calendar year. If the business or practice was not in operation on January 1, the occupation tax with its associated administrative fees shall be due and payable 30 days following the commencement of business pursuant to Section 8 of this Article. The City shall assess a penalty in the amount of ten percent (10%) of the amount owed for each calendar year or portion thereof for: (i) Failure to pay occupation taxes and administrative fees when due; (ii) Failure to file an application by than January 31 March 31 of any calendar year, when the business or practitioner was in operation the preceding calendar year, and/or (iii) Failure to register and obtain an occupation tax certificate within thirty (30) ninety (90) days of the commencement of business. (b) Delinquent taxes and fees are subject to interest at a rate of one and one-half percent (1.5%) per month. Payments required by the Article herein may be collected in any suit at law or in equity, or the City may cause executions to issue against the person, firm or corporation liable for the payment. Executions shall be levied and sold together with all costs thereof, by the City, or City’s designee, as ex-officio sheriff of the county. In addition, any person whose duty it is to register any business or practice and obtain any Page 9 of 31 10 OF 31 occupation tax certificate and fails to do so, or who fails to pay the occupation tax or administrative fee required by this Article, or who makes any deliberate or substantial and material false statement on an application or provides materially false information in support of an application, shall be denied an occupation tax certificate, shall be required to surrender any existing such occupation tax certificate and be deemed to have no such occupation tax certificate for purposes hereof, and shall be subject to a civil fine according to the maximum amount allowable under state law. (c) No business and/or practitioner subject to this Article shall collect any gross receipts as defined herein unless such business and/or practitioner shall have applied for a business tax certificate and/or license as required hereunder. Upon application for a business tax certificate, any such business and/or practitioner may thereupon collect gross receipts, including those incurred but not collected during the period prior to the application, but such business and/or practitioner shall be subject to the penalties of subsection (a) of this section. If the taxes and fees remain unpaid after the due date, the business and/or practitioner shall not collect any gross receipts as defined herein. The provisions of this subsection (c) may be enforced by appropriate injunctive or other relief upon the application of the City to the Superior Court of Fulton County. (d) Practitioners of law may collect gross receipts as defined herein without applying for and obtaining a business tax certificate. However, practitioners of law must pay the occupation tax levied herein. Delinquent taxes and fees are subject to interest at a rate of one and one-half percent (1.5%) per month. Any occupation tax with its associated administrative fees hereunder, shall be due and payable by than January 31 March 31 of each calendar year. If the business or practice was not in operation on January l, the occupation tax with its associated administrative fees shall be due and payable thirty (30) days following the commencement of business pursuant to Section 8. Upon ninety (90) days delinquency, the City shall assess a penalty in the amount of ten percent (10%) of the amount owed for each calendar year or portion thereof for failure to pay the occupation tax required by the Article herein may be collected in any suit at law or in equity, or the City may cause executions to issue against the person, firm or corporation liable for the payment. Executions shall be levied and sold together with all costs thereof, by the City or its designee, as ex-officio sheriff of the county. In addition, failure to pay the occupation tax required by this Article shall subject the person, firm, or corporation to a civil fine of five hundred dollars ($500.00) as provided by law of this state. State law reference(s) - Time for payment of occupation tax, O.C.G.A. § 48-13-20; penalty for late payment, O.C.G.A. § 48-13-21; issuance of executions against delinquent taxpayers, O.C.G.A. § 48-13-26; Sexton v. Johnson, 267 Ga.571 (1997). Section 12: Effective Date. (a) This Article shall become effective December 1, 2006. (b) Annual registration and payment shall be conducted in accordance with the terms of this Article. Page 10 of 31 11 OF 31 Section 13: Proration of fee. No license fee shall be prorated. State law reference(s) O.C.G.A. § 48-13-22. Section 14: Repealer, exceptions All ordinances providing for occupation taxes and administrative fees in conflict with this Article are hereby repealed, provided, however, that nothing herein shall affect with any ordinance providing for regulation of taxicabs or shall affect any resolution providing for the regulation of the sale of any forth of alcoholic beverages and taxes imposed thereon, or any mixed drink tax or any hotel-motel tax, such taxes being due and payable in addition to the taxes and fees imposed hereby. Section 15: Intent of Article. It is the intent of the Article to impose the taxes set forth in this Article upon all businesses and practitioners operating in the City of Milton consistent with the requirements of the Constitution and laws of the State of Georgia. In the event that the fees imposed hereby shall not be authorized on any business and practitioner or taxes and fees shall be in excess of the maximum amount authorized by law, such taxes and fees shall be imposed only to the extent authorized by law. Section 16: Severability. The invalidity of any part of this Article shall not affect the validity of the remaining portion hereof. In the event that this Article may not be enforced against any class of business mentioned herein, such inability to enforce the same shall not affect its validity against the other business specified herein. Section 17: Amendment of article. This Article may be amended so as to increase the occupation tax on any business or practitioner only after the conduct of at least one public hearing pertaining thereto, but this provision shall not be applicable to the repeal of any resolution promulgated pursuant to Section 4 of this Article. Article 2: License Fees on Insurers. Section 1: Intent The Mayor and City Council hereby expresses its intent to impose license fees on insurers conducting business in the City of Milton, to impose a gross premium tax on insurers operating within the State of Georgia, to provide an effective date, and for other purposes related to this Article. Page 11 of 31 12 OF 31 Section 2: Definitions For the purposes of this Article, the following definitions apply. (a) “Gross Direct Premiums” shall mean gross direct premiums as used in O.C.G.A. § 33-8-4, which provides: “(i) All foreign, alien, and domestic insurance companies doing business in this state shall pay a tax of 2 ¼ percent upon the gross direct premiums received by them on and after July 1, 1955. The tax shall be levied upon persons, property, or risks in Georgia, from January 1 to December 31, both inclusive, of each year without regard to business ceded to or assumed from other companies. The tax shall be imposed upon gross premiums received from direct writings without any deductions allowed for premium abatements of any kind or character or for reinsurance or for cash surrender values paid, or for losses or expenses of any kind; provided, however, deductions shall be allowed for premiums returned on change of rate or canceled policies; provided, further, that deductions may be permitted for return premiums or assessments, including all policy dividends, refunds, or other similar returns paid or credited to policyholders and not reapplied as premium for additional or extended life insurance. The term ‘gross direct premiums’ shall not include annuity considerations. (ii) For purposes of this Chapter, annuity considerations received by nonprofit corporations licensed to do business in this state issuing annuities to fund retirement benefits for teachers and staff personnel of private secondary schools and colleges and universities shall not be considered gross direct premium.” (b) “Insurer” means a company which is authorized to transact business in any classes of insurance designated in O.C.G.A. § 33-3-5. Section 3: Insurers License Fees Pursuant to O.C.G.A. 33-8-8-6b1, there is hereby levied for the year 2006 and for each year thereafter an annual license fee based upon a City of Milton population of 15,382, of seventy five dollars ($75.00) upon each insurer doing business within the City of Milton. For each separate business location in excess of one not covered by Section 4 of this Article, which is operating on behalf of such insurers within the City of Milton, there is hereby levied an additional seventy five dollars ($75.00) license fee per location. Section 4: License Fees for Insurers Insuring Certain Risks at Additional Business Locations. Pursuant to O.C.G.A. 33-8-8-6b2 for each separate business location, not otherwise subject to a license fee hereunder, operated and maintained by a business organization which is engaged in the business of lending money or transacting sales involving term financing and in connection with such loans or sales offers, solicits or takes application for insurance through a licensed agent Page 12 of 31 13 OF 31 of an insurer for insurance said insurer shall pay an additional twenty six dollars and twenty five cents ($26.25) license fee per location for the year 2006 and for each year thereafter. Section 5: Gross Premiums Tax Imposed on Life Insurers. (a) As originally enacted in 2006, this ordinance called for the levying of a tax for the year 2007 and for each year thereafter an annual tax based solely upon gross direct premiums upon each insurer writing life, accident and sickness insurance within the State of Georgia in an amount equal to one percent (1%) of the gross direct premiums received during the preceding calendar year in accordance with O.C.G.A. § 33-8-8.1. (b) Subsequent to the original enactment of this ordinance, the City was notified by the insurance commissioner’s office that it had not administratively complied with O.C.G.A. § 33-8-8.1 in order to qualify for the receipt of revenues collected by the insurance commissioner’s office. (c) For this reason, and without waiving any rights to levy or receive revenue from gross premiums tax on life insurers for the year 2007, and otherwise without waiving and legal argument or claims to which the City is or may be entitled regarding the 2007 gross premium tax, there is hereby levied for the year 2008 and for each year thereafter an annual tax based solely upon gross direct premiums upon each insurer writing life, accident and sickness insurance within the State of Georgia in an amount equal to one percent (1%) of the gross direct premiums received during the preceding calendar year in accordance with O.C.G.A. § 33-8-8.1. (d) The premium tax levied by this section is in addition to the license fees imposed by Section 3 of this Article. Section 6: Gross Premiums Tax, All Other Insurers. Deleted: (a) There is hereby levied for the year 2007 2008 and for each year thereafter an annual tax based solely upon gross direct premiums upon each insurer writing life, accident and sickness insurance within the State of Georgia in an amount equal to one percent (1%) of the gross direct premiums received during the preceding calendar year in accordance with O.C.G.A. § 33-8-8.1. ¶ (b) The premium tax levied by this section is in addition to the license fees imposed by Section 3 of this Article.¶ (a) As originally enacted in 2006, this ordinance called for the levying of a tax for the year 2007 and for each year thereafter an annual tax based solely upon gross direct premiums upon each insurer, other than an insurer transacting business in the class of insurance designated in subsection 1 of O.C.G.A. § 33-3-5, doing business within the State of Georgia in an amount equal to two and one-half percent (2.5%) of the gross direct premium received during the preceding calendar year in accordance with O.C.G.A. § 33 8-8.2. –see note above (b) Subsequent to the original enactment of this ordinance, the City was notified by the insurance commissioner’s office that it had not administratively complied with O.C.G.A. § 33-8-8.2 in order to qualify for the receipt of revenues collected by the insurance commissioner’s office. (c) For this reason, and without waiving any rights to levy or receive revenue from gross premiums tax on upon each insurer, other than an insurer transacting business in the class of insurance designated in subsection 1 of O.C.G.A. § 33-3-5, doing business within the Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Deleted: (a) There is hereby levied for the year 2007 2008 and for each year thereafter an annual tax based solely upon gross direct premiums upon each insurer, other than an insurer transacting business in the class of insurance designated in subsection 1 of O.C.G.A. § 33-3-5, doing business within the State of Georgia in an amount equal to two and one-half percent (2.5%) of the gross direct premium received during the preceding calendar year in accordance with O.C.G.A. § 33-8- 8.2. –see note above¶ ¶ (b) The premium tax levied by this section is in addition to the license fees imposed by Section 3 of this Article. ¶ Page 13 of 31 14 OF 31 State of Georgia for the year 2007, and otherwise without waiving and legal argument or claims to which the City is or may be entitled regarding the 2007 gross premium tax, there is hereby levied for the year 2008 and for each year thereafter an annual tax based solely upon gross direct premiums upon each insurer, other than an insurer transacting business in the class of insurance designated in subsection 1 of O.C.G.A. § 33-3-5, doing business within the State of Georgia in an amount equal to two and one-half percent (2.5%) of the gross direct premium received during the preceding calendar year in accordance with O.C.G.A. § 33-8-8.2. –see note above (d) The premium tax levied by this section is in addition to the license fees imposed by Formatted: Indent: Hanging: 18 pt Section 3 of this Article. Section 7: Due Date for License Fees License Fees imposed by Sections 3 and 4 of this Article shall be due and payable on the first day of January and on the first date of each subsequent year. Section 8: Administrative Proceedings. The City Clerk is hereby directed to forward a duly certified copy of this Article to the Insurance Commissioner of the State of Georgia within forty-five (45) days of its enactment. Section 9: Effective Date. This Article shall become effective on December 1, 2006. Section 10: Severability. In the event that any portion of this Article shall be declared or adjudged invalid or unconstitutional, it is the intention of the Mayor and City Council that such adjudication shall in no manner affect the other sections, sentences, clauses or phrases of this Article which shall remain in full force and effect, as if the invalid or unconstitutional section, sentence, clause, or phrase were not originally part of the ordinance. Article 3: Pawn Shops, Pawn Brokers Section 1: Applicability of article provisions. Every person, whether a licensed junk dealer or pawnbroker, or any other secondhand dealer, who, exclusively or as incidental to or in connection with other business, purchases, sells or acquires in trade used or secondhand jewelry, flat silver, gold, and silver objects of every kind and description, including watches and clocks, any of which is made in whole or in part of gold, silver, platinum, or other precious metals; diamonds, emeralds, rubies, or other precious stones; pistols or guns; musical instruments, bicycles or accessories shall, for the purpose of this Article, be a secondhand dealer. Any person who shall purchase any Article of the kinds herein described from any person other than a bona fide dealer in those Articles shall, for the purpose of making Page 14 of 31 15 OF 31 the reports required herein, also be a secondhand dealer and subject to all the provisions of this Article relating to those records and reports. Section 2: Recordkeeping. (a) Contents of record book. All secondhand dealers shall keep a book wherein shall be entered an accurate description of all property of the kinds specified in Section 1 of this Article which they acquire by purchase of trade, and the name, address, estimated age, weight, and height of the person from whom purchased or acquired and the date and hour of the purchase. These entries shall be made as soon as possible after the transaction is had, in no case more than one (1) hour thereafter. (b) Inspection. This record shall at all times be subject to inspection and examination by the Police Department. Section 3: Entries in Record Book to be Numbered Serially; Property to be Tagged with Corresponding Number. Every entry required to be made in the secondhand dealer’s book required by Section 2 of this Article shall be numbered serially, and the property described in the entry shall have attached to it a tag bearing the same serial number. Section 4: Acquiring Articles With Serial Number Mutilated or Altered. It shall be unlawful for any secondhand dealer to purchase or acquire in trade any watch, clock, pistol, gun, automobile tire, or battery, or any other Article commonly branded with a serial number, upon which the number has been mutilated or altered. Section 5: Daily Reports to Police; Form and Contents. Every secondhand dealer identified in Section 1 of this Article shall make a daily report in writing to the Chief of Police in such form as may be prescribed by him, of all property purchased or acquired by him during the twenty-four (24) hours ending at 12:00 midnight on the date of the report. Section 6: Examination and Inspection of Articles by Police; Segregation of Suspicious Articles. All property purchased or acquired by a secondhand dealer shall at all times be subject to examination and inspection by the Police Department. If, upon the inspection, a police officer shall have reasonable cause to believe that any of the property is stolen, he shall segregate it. It shall thereafter be unlawful for the person in possession of the property to dispose of it, or in any manner mutilate, melt, or disfigure it, until fifteen (15) days have elapsed from the date of the inspection. Section 7: Property Not to be Disposed of for Fifteen (15) Days After Acquisition. Page 15 of 31 16 OF 31 All property purchased or acquired by a secondhand dealer shall be held for not less than fifteen (15) days. Section 8: Dealing with Minors. It shall be unlawful for any secondhand dealer to buy or receive any property of the kinds described in Section 1 of this Article from any person under the age of eighteen (18) years, provided that any secondhand dealer taking from the seller a statement in writing that the seller is of age will not be held subject to the provisions of this section, if the appearance of the seller is such as to make it uncertain that he is not eighteen (18) years of age. Article 4: Financial Institutions. Section 1: Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) “Bank” means any financial institution chartered under the laws of any state or under the laws of the United States which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stock. (b) “Depository Financial Institution” means a bank or a savings and loan association. (c) “Gross Receipts” shall mean gross receipts as defined in O.C.G.A. § 48-6-93. (d) “Savings and Loan Association” means any financial institution, other than a credit union, chartered under the laws of any state or under the laws of the United States which is authorized to receive deposits in this state and which has a mutual corporate form. Cross references: Definitions generally, § 1-2. Section 2: Tax levied; Rate. In accordance with O.C.G.A. § 48-6-93, there is hereby levied for the year 2006 and for each year thereafter an annual business license tax upon all depository financial institutions located within the City of Milton at a rate of one-quarter percent (1/4%) of the gross receipts of said depository financial institutions. Section 3. Minimum Business License Tax. The minimum annual amount of business license tax due from any depository financial institution pursuant to O.C.G.A. § 48-6-93(a) shall be one thousand dollars ($1,000.00). Section 4: Filing of Return. Page 16 of 31 17 OF 31 Pursuant to O.C.G.A. § 48-6-93(a), each depository financial institution subject to the tax levied by this Article shall file a return of the gross receipts with the City of Milton Treasurer’s Office on or before March 1 of the year following the year in which such gross receipts are measured. Said return shall be in the manner and the form prescribed by the commissioner of the Georgia Department of Revenue, based on the allocation method set forth in O.C.G.A. § 48-6-93(d). The return shall provide the information necessary to determine the portion of the taxpayer’s Georgia gross receipts to be allocated to each taxing jurisdiction in which such institution has an office. The City of Milton Treasurer’s Office shall assess and collect the tax levied pursuant to this Article based upon the information provided in said return. Section 5: Due Date of Taxes. Taxes levied pursuant to this Article shall be paid to the City of Milton Treasurer’s Office at the time of filing the return. Section 6: Administrative Provisions. The Milton Treasurer’s Office is hereby authorized and directed to forward a copy of this Article to each depository financial institution located in the City of Milton and to the home office of each such depository financial institution that does business in the City if located outside the county. Section 7: Relation of Tax to Other Business Licenses. The tax imposed by this Article shall be in lieu of any other business license upon depository financial institutions. Article 5: Door to Door Salesmen. Section 1: Definitions. For the purpose of this Chapter, the following words as used herein shall be considered to have the meaning herein ascribed thereto: (a) “Soliciting” shall mean and include any one or more of the following activities: (i) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services, of any kind, character or description whatever, for any kind of consideration whatever; or (ii) Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or publication; or (iii) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication. Page 17 of 31 18 OF 31 (b) “Residence” shall mean and include every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure. (c) “Licensed solicitor” shall mean and include any person who has obtained a valid permit as hereinafter provided, which permit is in the possession of the solicitor on his or her person while engaged in soliciting. Section 2: Permit Required. (a) It shall be unlawful for any person, firm or corporation to engage in the business of soliciting, calling on residences door-to-door without first having obtained a permit in accordance with the provisions contained in this chapter. (b) The requirement of Subsection (a) above is meant to apply to door-to-door solicitations for commercial transactions for profit only. (i) It is not meant to regulate solicitation for charitable, political, or other nonprofit purposes provided that all sales proceeds are the property of and used by the nonprofit organization. (ii) It does not apply to officers or employees of the city, county, state, or federal government, or any subdivision thereof, when on official business. (c) Each person shall at all times while soliciting in the City of Milton carry upon his or her person the permit so issued and the same shall be exhibited by such solicitor whenever he is requested to do so by any police officer or by any person solicited. (d) Each permit issued shall contain the name of the solicitor, the name and address of the person, firm or corporation or association whom the solicitor is employed by or represents, a photograph of the solicitor, and physical description. Such photograph shall be provided by the solicitor and shall be at least two (2) inches by two (2) inches in size. (e) The permit shall state the expiration date thereof. In no event shall a permit be valid for more than six (6) months. Section 3: Permit Applications. (a) Application for a permit shall be made upon a form provided by the City. The City of Milton Treasurer’s Office shall have applications available on request. The applicant shall truthfully state in full the information requested on the application, to wit: (i) Name and address of present place of residence and length of residence at such address; also business address if other than present address; (ii) Address of place of residence during the past three (3) years if other than present address; Page 18 of 31 19 OF 31 (iii) Age of applicant; (iv) Physical description of the applicant; (v) Name and address of the person, firm, or corporation or association whom the applicant is employed by or represents; and the length of time of such employment or representation; (vi) Name and address of employer during the past three (3) years if other than the present employer; (vii) Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage; (viii) Period of time for which the certificate is applied; (ix) Proposed route, including streets to be included on each day, which applicant intends to follow; (x) The date, or approximate date, of the latest previous application for permit under this chapter, if any; (xi) Whether the applicant has ever been convicted of a felony, a crime of moral turpitude, or any other violation of any state or federal law; (xii) Names of magazines, books, or journals to be sold; (xiii) Names of the three (3) most recent communities where the applicant has solicited house to house; (xiv) Proposed method of operation; (xv) Description and license plate number of vehicle(s) intended to be operated by applicant; (xvi) Signature of applicant; and (xvii) Social security number of applicant. (b) All statements made by the applicant upon the application or in connection therewith shall be under oath. (c) The applicant shall submit to fingerprinting a background investigation by the City Public Safety Department in connection with the application for the permit. Page 19 of 31 20 OF 31 (d) The City Manager shall cause to be kept in his/her office an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all permits issued under the provisions of this chapter, and of the denial of applications. Applications for permits shall be numbered in consecutive order as filed, and every permit issued shall be identified with the duplicate number of the application upon which it was issued. (e) No permit shall be issued to any person who has been convicted of a felony or crime of moral turpitude within five (5) years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this chapter; nor to any person whose permit issued hereunder has previously been revoked as herein provided. (f) The fee for a permit shall be valid for a six (6) month period. Section 4: Permit Revocation (a) Any permit issued hereunder shall be revoked by the City Manager if the holder of the permit is convicted of a violation of any of the provisions of this chapter or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a permit under the terms of this chapter. (b) Immediately upon such revocation, written notice thereof shall be given to the holder of the permit in person or by certified United States mail addressed to his or her residence address set forth in the application. (c) Immediately upon the giving of such notice the permit shall become null and void and must be turned in to the City Manager’s office. Section 5: Routes. To the extent practical, each solicitor shall identify the streets and routes which he will follow on each day he is engaged in the business of soliciting. If changes in routes are made, then such changes must be immediately reported to the City Manager’s office. Section 6: Prohibitions (a) Any licensed solicitor who shall be guilty of any fraud, cheating, or misrepresentation, whether himself or through an employee, while acting as a solicitor in the City, shall be deemed guilty of a violation of this chapter. (b) It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined if the occupant of said residence has made it clear, by written sign or otherwise, that solicitors are not invited. Page 20 of 31 21 OF 31 (c) Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant. (d) Times Allowed. (i) It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether licensed under this chapter or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock upon any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, prior to 10:00 a.m. or after 6:30 p.m., Eastern Standard Time, or before 10:00 a.m. or after 7:00 p.m. Eastern Daylight Saving Time, Monday through Saturday, or at any time on Sunday, or on a state or national holiday. (ii) Solicitations for political purposes shall not occur prior to 10:00 a.m. or after 7:00 p.m., Eastern Standard Time, or before 10:00 a.m. or after 7:00 p.m. Eastern Daylight Saving Time. Section 7: Penalties. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed the maximum fine allowed by state law for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Article 6: Charitable Solicitation. Section 1: Definitions. As used in this Article: Solicit shall mean to request an immediate donation of money or other thing of value from another person including employment, business or contributions or to request the sale of goods or services. Public area shall mean an area to which the public or a substantial group of persons has access, including but not limited to alleys, bridges, buildings, driveways, parking lots, parks, play grounds, plazas, sidewalks, and streets that are open to the general public. Charitable Organization shall mean those entities defined and registered as provided in O.C.G.A. § 43-17 et seq. Section 2: Permit Required. Page 21 of 31 22 OF 31 It shall be unlawful for any person, firm, organization or corporation to solicit within any public right-of-way in the City of Milton, provided, however, recognized charitable organizations as defined herein and governmental entities may solicit within the public right-of way provided they first obtain a permit in accordance with Article 5, Sections 3 and 4 of this Chapter. . Permitted charitable solicitation shall not take place within the public right-of-way between the hours of 7:00 a.m. – 9:00 a.m. and 5:00 p.m. – 7:00 p.m. Section 3: Applicability. This chapter regulates the time, place and manner of solicitations and shall not apply to any persons exercising their clearly established constitutional right to picket, protest or engage in other constitutionally protected activity. Article 7: Panhandling. Section 1: Definitions As used in this Article: (a) “Solicit” shall mean to request an immediate donation of money or other thing of value from another person, regardless of the solicitor’s purpose or intended use of the money or other thing of value, including employment, business or contributions or to request the sale of goods or services. The solicitation may be, without limitation, by the spoken, written, or printed word, or by other means of communication. (b) “Public area” shall mean an area to which the public or a substantial group of persons has access, including but not limited to alleys, bridges, buildings, driveways, parking lots, parks, play grounds, plazas, sidewalks, and streets that are open to the general public. (c) “Aggressive Panhandling” shall mean and include: (i) Intentionally or recklessly making any physical contact with or touching another person or his vehicle in the course of the solicitation without the person’s consent; (ii) Following the person being solicited, if that conduct is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession, or is intended to, or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; (iii) Continuing to solicit within five (5) feet of the person being solicited after the person has made a negative response, if continuing the solicitation is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession, or is Page 22 of 31 23 OF 31 intended to, or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; (iv) Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation. Acts authorized as an exercise of one’s constitutional right to picket or legally protest, and acts authorized by a permit issued pursuant to Article 5, Sections 5 of this Chapter shall not constitute obstruction of pedestrian or vehicular traffic; (v) Intentionally or recklessly using obscene or abusive language or gestures intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession, or words intended to, or reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; (vi) Approaching the person being solicited in a manner that is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession, or is intended to, or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation. Section 2: Prohibitions. (a) It shall be unlawful for any person, firm, organization, or corporation to aggressively panhandle or solicit funds for the sole benefit of the solicitor within any public area in the City of Milton or: (i) In any public transportation vehicle, or public transportation station or stop; (ii) Within fifteen (15) feet of any entrance or exit of any bank or check cashing business or within fifteen (15) feet of any automated teller machine during the hours of operation of such bank, automated teller machine or check cashing business without the consent of the owner or other person legally in possession of such facilities. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility; (iii) On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property; or (iv) From any operator of a motor vehicle that is in traffic on a public street, whether in exchange for cleaning the vehicle’s windows, or for blocking, occupying, or reserving a public parking space; provided, however, that this paragraph shall not Page 23 of 31 24 OF 31 apply to services rendered in connection with emergency repairs requested by the operator or passengers of such vehicle. (b) Unauthorized solicitation shall constitute a misdemeanor. (c) Aggressive panhandling shall constitute an aggravated misdemeanor. Section 3: Applicability This chapter regulates the time, place and manner of solicitations and shall not apply to any persons exercising their clearly established constitutional right to picket, protest or engage in other constitutionally protected activity. Article 8: Taxicabs. Section 1: Operation of taxicab to be in compliance with article. No person, firm, or corporation shall operate a taxicab in the City except in accordance with the terms and provisions of this Article. Section 2: Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) “Operator” means any person, firm, or corporation in the business of transporting passengers in taxicabs. (b) “Taxicab” means any passenger-carrying vehicle used in the business of transporting passengers for hire which does not have fixed termini, including but not limited to, any unmarked automobiles used in the business of transporting passengers for hire by contract or requested special services that do not have fixed termini. (c) “Taximeter” means a device that automatically calculates, at a predetermined rate, and indicates the charge for hire of a vehicle. Taxicabs operating with non-electronic taximeters shall be furnished with a sign, approved by the City of Milton Code Enforcement Division, immediately adjacent to the taximeter which explains the way the fare shall be calculated if the taximeter reaches its highest fare before the passengers destination is reached. This sign shall be pointed out to the passenger by the driver at the beginning of the trip. (d) “Line Jumping” Taxicabs shall be placed on stands only from the rear and shall be moved forward and to the front of the stand immediately as space becomes available by the departure or movement of preceding taxicabs. Violations of this rule constitutes line jumping and shall be grounds for suspension of a taxi drivers permit. Page 24 of 31 25 OF 31 Section 3: Operations deemed to be doing business in the City. A taxicab shall be deemed to be doing business in the county when its original terminus, that is to say, the place from which it operated and is subject to calls, shall be located in the City. Section 4: License fees for annual operation and driver’s permit. License fees are hereby levied per annum for each taxicab maintained or operated, and per annum for each driver’s permit. The license fees are established from time to time by Resolution of the Mayor and City Council. The business occupation tax shall be in accordance with the current business occupation tax ordinance. The following criteria must be met to maintain a taxi cab license: 1. Establishment and maintenance of an office in a commercially zoned area of the corporate boundaries of the City of Milton. 2. Submission of a copy of current lease or proof of ownership of office space. 3. Establishment and maintenance of a publicly listed telephone number. 4. Maintain the name and home address of each driver affiliated with the company. 5. Maintain off-street parking lot capable of accommodating all company vehicles. 6. Maintain a file for each vehicle containing proof of current instruments. 7. Possess a valid six (6) month auto insurance policy. Section 5: Permits for operation. (a) Required. No person, firm, or corporation shall operate a taxicab or conduct the business of operating taxicabs in the City of Milton until the person, firm, or corporation has first applied for and obtained an occupation tax certificate and a taxicab license. The applications for the occupation tax certificate and license shall be made to the City of Milton Treasurer’s Office upon forms provided for that purpose. The license for vehicles shall be issued by the City of Milton Treasurer’s Office. Permits for drivers will be issued by the City of Milton Police Department. No person shall operate a taxicab in the corporate boundaries of the City of Milton until the person has first applied for and obtained a driver’s permit. Permits for drivers will be issued by the City of Milton Police Department. (b) Description of business. The application shall contain, among other things, a detailed description of the equipment to be used in the business and the name of the operators thereof, the point of original terminus of the business, and the address and telephone number of the office or call station from which the business is operated. (c) Indemnity insurance. No taxicab license to operate taxicabs shall be issued or continued in operation unless the holder thereof shall file with the business tax division a policy of indemnity insurance in some indemnity insurance company authorized to do business in this state, which policy shall have limits equal to or in excess of the following sums for each taxicab operated: Page 25 of 31 26 OF 31 (i) For bodily injury to each person, fifty thousand dollars ($50,000.00); (ii) For bodily injury to all persons sustained in any one accident, fifty thousand dollars ($50,000.00); and (iii) For property damage and liability for baggage of passengers, twenty-five thousand dollars ($25,000.00). The policy shall be conditioned to protect the public against injury or damage proximately caused by the negligence of the holder of such permit. Additional drivers or new drivers hired after issuance of the occupation tax certificate shall be covered by a rider to the policy prior to the issuance of a driver’s permit. (d) Ages of Vehicles. The operator is responsible for ensuring that each taxicab used in active business is no more than six (6) years old. By December of each year, automobiles of a model year seven (7) years prior to that year must be replaced. (e) Annual renewal. All fees for taxicab licenses and taxi drivers’ permits are due no later than June 30 of each year. Section 6: Certificate of inspection. (a) A certificate of inspection completed on forms provided by the City of Milton Treasurer’s Office and issued by an ASE Certified mechanic and shall be located inside the taxicab at all times certifying that the taxicab and equipment therein are safe and in compliance with applicable law. This certificate must be renewed every ninety (90) days, and the operator of any taxicab business shall be required to keep his/her taxicab and equipment therein in safe condition conforming to all laws under penalty of having his/her permit to conduct a taxicab business suspended or revoked. (b) Each taxicab must produce proof of taximeter inspection and calibration for issuance and renewal of taxi decal. (c) The City of Milton Police Department may conduct random inspections to ensure the safety and welfare of the public. Section 7: Additional Equipment. The operator of a taxi business shall register with the City of Milton Treasurer’s Office each additional piece of equipment put in use, and same shall be subject to inspection and registration as herein provided. Section 8: Drivers; Qualifications. It shall be the duty of all operators to file with the City of Milton Treasurer’s Office the names and addresses, age and physical description of the persons employed as drivers. All drivers shall hold licenses from the State Department of Public Safety as drivers of vehicles for hire, and drivers’ permits issued by the county Police Department. No person shall be employed or shall drive a taxicab who has, within the past five (5) years, been convicted of or has pled guilty or Page 26 of 31 27 OF 31 nolo contendere to any sexual offense as set out in Title 16, Chapter 6 of the Official Code of Georgia Annotated, or to the offense of driving under the influence of drugs and/or alcohol, or to any open container violations, or to any offense involving the lottery, illegal possession or sale of narcotics or alcoholic beverages or possession or receiving of stolen property, violence, or the violation of a spirituous, vinous, or malt beverage statute or if the driver has been convicted of an offense of causing death by vehicle. No driver can be issued a taxi driver’s permit if the driver has received three (3) or more moving violations in the preceding twelve (12) month period. Section 9: Taxi Stands; Parking. Operators and drivers of taxicabs shall not park taxicabs in any congested area as defined by the regulations of the county commissioners at any place other than the place or places designated as “taxi stand”. The parking of taxicabs shall be subject at all times to the direction of police officers should such direction be necessary or desirable for the relief of an emergency traffic condition. Section 10: Information to be displayed. (a) Information to be displayed inside the taxicab at all times: The operator is responsible for ensuring that each taxicab used in active business shall have posted in a conspicuous place, on the inside thereof, a map or street guide of the City of Milton, the name and photograph of the driver of the taxicab, and a schedule of fares. Each taxicab used in active business shall also bear on the outside thereof a numbered decal to be furnished by the business tax division of the office of the City of Milton Treasurer’s Office. (b) Information to be displayed outside the taxicab at all times: The operator is responsible for ensuring that each taxicab used in active business bears on the outside thereof a numbered decal to be furnished by the Treasurer’s Office, the name of the company and business telephone number which must be permanently affixed to the taxicab, a dome light on the roof which must be at least six (6) inches in height permanently affixed to the roof and bear the term “taxi” or the company name. Section 11: Operators responsible for violations by drivers. To the extent provided by law, operators are responsible for violations of this Article by their taxicab drivers whether such drivers are direct employees or independent contractors. Section 12: Notice of denial of license. In the event that an application is denied, the City of Milton Treasurer’s Office shall provide the applicant with written notice of the denial of the taxicab license. The notice of denial shall include the grounds for denial. Section 13: Suspension or revocation of license. Page 27 of 31 28 OF 31 (a) No license issued hereunder may be transferred. (b) Each license granted hereunder shall be subject to suspension or revocation for violation of any rule or regulation of the county now in force or hereafter adopted. (c) Whenever the City of Milton Treasurer’s Office determines there is cause to suspend or revoke the license issued hereunder, the City of Milton Treasurer’s Office shall give the licensee ten (10) day written notice of intention to suspend or revoke the license. A hearing will be scheduled wherein the licensee may present a defense to the suspension or revocation before the Milton City Council or such board as the Milton City Council may designate. The ten (10) day written notice shall include the time, place, and purpose of such hearing, and a statement of the charges upon which such hearing will be held. After the hearing, the Council or designated Board may suspend or revoke the license issued hereunder if any of the grounds set forth below exist. A license issued under this Article may be suspended or revoked by the City Council or their designee and a driver’s permit may be suspended or revoked by the City of Milton Police Department upon one or more of the following grounds: (i) The original application contains materially false information, or the applicant has deliberately sought to falsify information contained therein; (ii) For failure to pay all fees, taxes or other charges imposed by the provisions of this Article; (iii) For failure to maintain all of the general qualifications applicable to the initial issuance of a license or permit under this Article; (iv) Having four or more moving traffic violations in any twelve (12) month period; (v) Refusing to accept a client solely on the basis of race, color, national origin, religious belief, or sex. Operators and drivers shall not refuse to accept a client unless the client is obviously intoxicated or dangerous; (vi) Allowing the required insurance coverage to lapse or allowing a driver to operate in the City in violation of the provisions of this Article; (vii) The establishment or driver is a threat or nuisance to public health, safety or welfare; or (viii) Not taking the most direct route. (ix) For violation of any part of this Article. (d) After the City Manager makes a recommendation to the Mayor and City Council to suspend or revoke a license issued hereunder, the Mayor and City Council, or such board Page 28 of 31 29 OF 31 as the Mayor and City Council may designate, will conduct a hearing to hear evidence relevant to the alleged violation. (i) At the hearing, the City Manager or his designate proceeds first and presents all evidence and argument in support of the recommendation to suspend or revoke the license issued hereunder. (ii) The Mayor and the City Council members or their designates will have the right to ask questions at any time. (iii) After the City Manager makes his presentation, the licensee or the licensee’s legal counsel, will present evidence and argument as to why the license issued hereunder should not be suspended or revoked. The Mayor and City Council members or their designates will have the right to ask questions at any time. (iv) After hearing all of the evidence and arguments of the parties, the Mayor and City Council will render a decision. The suspension or revocation of a taxicab license is final unless the licensee files a petition for writ of certiorari to the Superior Court of Fulton County within thirty (30) days of the date of the decision. Section 14: No proration of license fee. No license fees shall be prorated. Taxi driver’s permit fees shall not be prorated. (Res. No. 01-0373, § 1, 3-21-01) Section 15: Repealer; exceptions. All resolutions providing for taxicab license fees and drivers permits in conflict with this Article are hereby repealed, provided, however, that nothing herein shall affect any resolution providing for occupation or business taxes. Section 16: Intent of Article; severability. It is the intent of this Article to regulate the operation of taxicab businesses as set forth in this Article upon all businesses operating in the corporate boundaries of the City of Milton consistent with the requirements of the Constitution and laws of the State of Georgia. In the event that the regulations and/or fees imposed hereby shall not be authorized on any business and practitioner or regulation and/or fee shall be in excess of the maximum amount authorized by law, such regulation and/or fee shall be imposed only to the extent authorized by law. The invalidity of any part of this Article shall not affect the validity of the remaining portion hereof. In the event that this Article may not be enforced against any class of business mentioned herein, such inability to enforce the same shall not affect its validity against the other business specified herein. Section 17: Effective date. Page 29 of 31 30 OF 31 This Article shall become effective December 1, 2006. Annual registration and payment shall be conducted in accordance with the terms of this Article. Article 8: Professional Bondsmen. Section 1: Definition – Professional Bondsman. Professional Bondsman means all persons who hold themselves out as signers or sureties of bail bonds for compensation, and who are licensed as provided in this article. Section 2: Compliance. All professional bondsmen licensed through the City of Milton must comply with the requirements of O.C.G.A. 17-6-50 and all related and pertinent sections of the Official Code of Georgia Annotated at all times when acting as bonding agents in the City of Milton. Section 3: Surety Requirement. Prior to the issuance of a license, professional bondsmen shall post a surety or property bond with the city clerk in an amount of at least $50,000.00, and such bond shall be kept current at all times; or the professional bondsman may sign an agreement with the city providing for an escrow account in a financial institution designated as a city depository. Any such escrow account shall be not less than $5000.00, and shall be 10% of that company’s capacity for posting bonds. Upon acceptance of either the surety bond or the escrow account and payment of the administrative fee set forth form time to time by the City Council, the City shall issue a business license to the bonding company. Section 4: Nonappearance of principal. In the event of the nonappearance of the principal in the municipal court on the appointed date and time, the judge shall at the end of the court day, forfeit the bond and order an execution hearing. Procedures for forfeiture of bonds and judgment absolute set forth in O.C.G.A. 17-6-70 through 17-6-72 shall be followed. In addition to the penalties set forth in state law, if the judgment absolute is entered, and payment is not made promptly to the city, the license of the bail bondsman shall be suspended until such time as the judgment absolute is satisfied, or the defendant is returned to the custody of the court. Section 5: Cancellation of Bond. When the condition of the bond is satisfied or the forfeiture of the bond has been discharged or remitted, the judge shall make an order canceling the bond. Conviction or acquittal of the defendant shall satisfy the terms of the bond written by a bail bondsman. Section 6: Suspension of bail bond license. The City may deny, suspend, revoke or refuse to renew any bail bondsman’s business license for any of the following causes: (i) For any violation of State statutes or City code. (ii) Material misstatement, misrepresentation or fraud in obtaining the license. Page 30 of 31 31 OF 31 (iii) Misappropriation, conversion or unlawful withholding of money belonging to others and received in the conduct of business under this license. (iv) Fraudulent or dishonest practices in the conduct of business under this license. (v) Failure to comply with the provisions of this article. (vi) Failure to return collateral security to the principal is entitled thereto. (vii) Failure to meet the obligations or standards set forth by the State of Georgia or the City of Milton. Section 7: Return of license. Any professional bondsman who discontinues writing bail bonds during the period for which he/she is licensed shall notify the city clerk and immediately return his/her license certificate. Section 8: Monthly reporting. All bondsmen licensed to do business in the City of Milton shall provide the city clerk with a list of all outstanding bonds posted with the city on a monthly basis. Section 9: Effective Date. This ordinance shall become effective upon signing. Page 31 of 31 A City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council PATE: October 10, 2007 FROM: Interim City Manager AGENDA ITEM: Approval of an Ordinance to Adopt Revisions to the City of Milton Personnel PoIicy Handbook. MEETING DATE: Thursday, October 18,2007 Regular Meeting BACKGROUND INFORMA TION: (Attach addrtional pages if necessary) See attached memorandum APPROVAL BY ClTY MANAGER: () NOT APPROVEDK"""" ClNATTORNEY APPROVAL REQUIRED: () YES $$(No CITY ATTORNEY REVIEW REQUIRED: APPROVAL BY CITY ATTORNEY ()APPROVED ()NOT APPROVED City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 To: Honorable Mayor and City Council Members From: Carol Wolfe, CH2M Hill OMI Director of City Operations Date: Submitted September 20, 2007 for October 18, 2008 Council Meeting Agenda Item: Approval of an Ordinance Adopting Revisions to the Personnel Policy Handbook CMO (City Manager’s Office) Recommendation: Adopt the attached ordinance providing for city wide policies on personnel management procedures and practices. Background: The City currently manages personnel through an approved Personnel Policy Handbook. These policies are intended to provide city management, supervisors and employees a consistent framework in addressing personnel related matters. The policies serve as the backbone of the Operations Department/Human Resources Division and allow staff to develop specific operating guidelines relating to personnel. Discussion: Having been a city for a year, there are additions, corrections, and revisions needed in the handbook to continue to stay current with best practices in personnel management. Those changes are as follows: 1) Additional language regarding vacation/sick leave donations and a catastrophic sick leave bank to the already existing Employee Benefits Leave Policy (Chapter 2, Page 9) 2) Expansion of language included in the Worker’s Compensation Policy (Chapter 2, Page 17) 3) Addition of random substance abuse testing language to the already existing Substance Abuse and Alcohol and Drug Testing policy (Chapter 3, Page 12). 4) Various clerical corrections and clarifications throughout the document, none of which change the intention of the applicable policy. The substantive changes in the document are highlighted for quick reference. Alternatives: None identified. Concurrent Review: Chris Lagerbloom, Acting City Manager Connie Jacobs, Human Resources Manager X:\City Clerk\Master Agendas 2007\October 18\Memo Personnel Policies.doc City of Milton georgia Personnel Policy Handbook Developed under the Authority of the City Council by the City Manager’s Office and approved by ordinance on October 18, 2007. City of Milton 13000 Deerfield Parkway, Ste. 100 Milton Georgia 30004 Dear Employee, Welcome to the City of Milton. We are excited to have you as a part of our innovative and diverse team of employees. The City of Milton is a unique and ground breaking municipality, requiring input and contribution from every team member. This employee handbook contains key policies and expectations of the City of Milton as your employer. You will find the information both necessary and informative and are encouraged to use the handbook as the vital resource it is intended to be. The City of Milton is committed to outstanding service to our citizens and visitors. Providing an outstanding quality of life to our community is our top priority. As a part of our team, you will discover that your involvement will not only benefit the City, but be a rewarding experience to you on both a professional and personal level. We expect you to own the results of your innovation and productivity and be an active participant in the growth and development of your career and of the City of Milton’s future. Welcome aboard and I look forward to working with you. Sincerely, Mayor Joe Lockwood City of Milton 13000 Deerfield Parkway, Ste. 100 Milton Georgia 30004 Employee Acknowledgment Form This Personnel Handbook describes the policies and procedures at the City of Milton, Georgia and I understand that I should consult the Department of Operations, Human Resources area regarding any questions not answered in the Personnel Handbook. I acknowledge that I am an employee at-will and have entered into my employment with the City of Milton voluntarily and acknowledge that there is no specified length of employment. Any employment agreement that would alter my status as an employee at-will must be specified and executed in writing by the City Manager and myself. No other agreements will be enforceable or change my status as an employee at-will. This Personnel Handbook replaces and supersedes any earlier personnel practice, policy, or guideline. However, since the policies and procedures described within this handbook are subject to change from time to time, I acknowledge that revisions may occur. I understand that such changes may supersede, modify, or revoke existing policies. The Mayor and City Council have the ability to adopt any revisions to the policy and may do so at any time without notice. Furthermore, I acknowledge that the Personnel Handbook is neither a contract of employment nor a legal document. I have received a copy of the City of Milton Personnel Handbook and I understand that it is my responsibility to read and comply with the policies contained in the manual and any revisions made to it. Employee Name: _______________________________________________________________ Employee Signature: _____________________________________ Date: _________________ City of Milton 13000 Deerfield Parkway, Ste. 100 Milton Georgia 30004 Administration Compensation & Benefits Employee Relations Table of Contents Personnel Administration Authority……………… 1 Attendance & Work Hours………………………….. 6 Employee Status Changes………………………….. 8 Hiring & Selection…………………………………….. 11 Performance Management & Review……………… 16 Termination of Employee Status………………….. 18 Use of City Property & Equipment………………... 20 Safety & Accident Reporting……………………….. 23 Compensation & Pay Plan………………………….. 1 Employee Benefits – Leave Types………………..... 5 Group Benefit Plan……………………………………. 14 Worker’s Compensation …………………………….. 17 Standards of Conduct……………………………….. 1 Discipline……………………………………………….. 5 Grievances………………………………………………. 7 Workplace Discrimination & Harassment……..... 9 Substance Abuse and Alcohol & Drug Testing.... 11 Administration __________________________________________________________________________________________ Administration Chapter Page 1 Personnel Policy Authority ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 PERSONNEL ADMINISTRATION AUTHORITY With the exception of matters reserved by state law or the City Charter to the City Council, the general and final authority for personnel administration rests with the City Manager. This Personnel Handbook provides statements of policy and establishes required procedure relating to personnel administration that are necessary to effectively and efficiently manage city operations. It is issued by the City Manager under the authority of the City Council. MANAGEMENT AUTHORITY A.Scope of Authority.City Management possesses the sole authority to administer city operations. Management authority includes, but is not limited to: 1.Discipline, discharge, or release of employees pursuant to the procedures described in this handbook; 2.Direct the work forces; 3.Hire, assign, or transfer employees; 4.Determine the mission of city departments; 5.Determine the methods, means, and allocation/assignment of personnel needed to carry out the city’s mission; 6.Introduce new or improved methods or facilities or change such methods or facilities; 7.Determine reasonable work schedules and establish the methods and processes by which such work is performed; 8.Require the performance of duties stated and intended in job descriptions, with the understanding that every duty is not always described; 9.Determine position availability by: a.Authorizing lateral assignments; b.Freezing, hiring, and promoting; c.Authorizing delay in position uses due to budget, facilities, or other business necessity; d.Authorizing temporary assignment into a vacancy. 10.Delete positions, reclassify positions, and/or reassign employees to different positions with different classifications and/or pay as required by business necessity. B.Administration of Policy. Proper policy administration includes selecting goals and encouraging the discharge of duties above the minimum standards of criminal and civic responsibility. The provisions of this handbook create high standards of conduct so that training and performance can be aimed at the highest levels and may in appropriate cases, be the basis for internal discipline. The City Manager may in the best interest of City operations, override any provision in this handbook. The intent of this personnel policy handbook is compliance with all applicable __________________________________________________________________________________________ Administration Chapter Page 2 Personnel Policy Authority ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 federal and state law. In the event of a change in law or a conflict in federal or state law with the contents of this handbook, the federal and/or state law shall supersede the policies contained within this handbook. PERSONNEL RECORDS A record of service will be managed by the Human Resources manager for every active employee. Service records for terminated employees shall be retained as defined in the Financial Management Plan Records Management Policy. An employee has the right to review and request copies of their personnel file. These requests will be facilitated by the Human Resources Manager. Open records requests and confidentiality of personnel records will be managed as defined in the Financial Management Plan Records Management Policy. It is the responsibility of the employee to notify the City of any personal data changes, such as name, address, phone number, emergency contact information, etc. Name changes will require legal documents as back-up, i.e. marriage certificate, divorce decree, etc. PERSONNEL HANDBOOK A.Scope. The provisions of this handbook apply to all employees of the City of Milton, Georgia, both on and off duty, unless otherwise indicated, restricted by authority, or limited by law. B.Not a Contract. This handbook does not constitute a contract of employment or benefits. Nothing in this handbook should be construed as a guarantee of continued benefits from, or employment by, the City of Milton. All employees are subject to discharge with or without cause. C.Changes. City management reserves the authority to modify, revoke, amend, suspend, interpret, terminate, or change any or all of the provision of this handbook. Except in the case of emergency, employees will be given appropriate written notice of any change. D.Titles.The use of terms in this handbook shall not govern, limit, modify, or affect the scope of meaning or intent of any provision. E.Validity. Any statement in a directive found to be illegal, incorrect, or inapplicable shall not affect the validity of the remaining contents. F.Distribution. Every City employee will either be provided a copy of this handbook and copies of amendments and revisions as they are adopted or have access to a copy of the handbook. G.Compliance. All provisions of this handbook are applicable to regular full-time, part-time, seasonal, and temporary employees except where otherwise noted in the handbook. __________________________________________________________________________________________ Administration Chapter Page 3 Personnel Policy Authority ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 H.Appendix. The appendix consists of a collection of various forms currently in use by the City and referred to in this document. These forms are subject to change from time to time. This is not meant to be a complete collection of all forms and any forms included may be superseded by revisions. I.Attachments. A collection of various attachment regarding benefits and classification and pay are permanently attached to the Personnel Policy Manual. These attachments are subject to change from time to time. The attachments included may be superseded by revisions. J.Official Copy. An official copy of the City of Milton, Georgia Personnel Handbook containing the latest revisions is maintained by the Director of Operations and can be found in the offices of such department. DEFINITIONS Base Rate.The “base rate” for each employee is that amount the employee is designated to receive within the salary range for the employee’s job classification. Demotion. Demotion is defined as the change of an employee from a position in one grade to a position in another grade at a lower level. Department. A major segment of the city organization headed by a person who reports directly to the City Manager. Below are the recognized departments for the City of Milton: •Mayor & Council •City Manager’s Office •Department of Operations •City Clerk •Community Development •Public Works •Recreation & Parks •Municipal Court •Public Safety Department Director.The highest administrative employee of a department, whether indicated as Director, Chief, or other job title or rank. Employee. All employees of the City are at-will employees which means that they have no property interest in the positions they hold and therefore can be dismissed, transferred, or demoted without cause. •Regular Full-time Employee.Any employee filling an approved, budgeted position with a regularly scheduled work week of forty (40) hours per week. •Regular Part-time Employee.Any employee filling an approved, budgeted position with a regularly scheduled work week of thirty-five (35) hours or less __________________________________________________________________________________________ Administration Chapter Page 4 Personnel Policy Authority ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 per week. •Fire Shift Employee. Those employees designated as fire protection personnel and assigned to a shift other than the regular work week. •Police Shift Employee.Those employees designated as police protection personnel and assigned to a shift other than the regular work week. •Temporary Employee. Any employee filling a position for a specified length of time, for either long or short term work assignments. Exempt Employee.An employee defined according to the federal Fair Labor Standards Act (FLSA) to be subject to equal pay provisions but exempt from minimum wage and overtime pay provisions. Exempt employee’s compensation is based on an annual salary basis and there is no compensation for hours worked in excess of the defined work week. Exempt employees take vacation and sick leave hours in whole day increments only. Hazardous Duty. Bodily injury to an employee resulting from an activity within the scope and course of employment that is due to exigent and life threatening circumstances not caused or contributed to by the employee’s control. Hazardous duty injuries occur while an employee is physically performing work for the City of Milton. Health Impairment. A temporary or permanent mental or physical impairment including, but not limited to injury (on or off the job), pregnancy, illness, or other job- restricting impairment, which diminishes or precludes one’s capacity for, or renders one unfit for performance of the essential job functions of the position. Non-Exempt Employee. An employee defined according to the federal Fair Labor Standards Act (FLSA) to be subject to equal pay, minimum wage, and overtime provisions. For regular employees, hours worked in excess of the 40-hour work week will be paid at a rate of 1½ times the employee’s regular rate of pay. For police shift employees, hours worked in excess of the 86-hour bi-weekly work period will be paid at a rate of 1½ times the employee’s regular rate of pay. For fire shift employees, hours worked in excess of the 106-hour bi-weekly work period will be paid at a rate of 1½ times the employee’s regular rate of pay. Non-exempt employees take vacation and sick leave hours in quarter hours increments. On-the-job Injury. An injury includes impairments that occur suddenly as a result of trauma as well as diseases that develop over long periods of time. Eligibility for Worker’s Compensation coverage include an injury that arose out of employment, sustained in the course of employment, or was a result of an occupational hazard. Overtime Rate. The overtime rate of pay is one and on-half (1½) times the base rate of pay. Promotion. A promotion is defined as the change of an employee from a position in one grade to a position in another grade of a higher level. Reassignment. Reassignment is defined as the movement of an employee within the __________________________________________________________________________________________ Administration Chapter Page 5 Personnel Policy Authority ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 classification plan not otherwise covered by demotion, promotion, or reclassification. The terms reassignment and transfer may be used interchangeably. Reclassification. A position whose classification is altered due to job duties and responsibilities. Reclassifications can be to a higher, lower, or same pay grade. Relative. For purposes of this handbook, relatives are defined as follows: •Spouse •Parent or Step-parent •Child or Step-child •Sister or Step-sister •Brother or Step-brother •Sister-in-law •Brother-in-law •Grandparent •Grandchildren •Aunt or Uncle •Niece or Nephew Supervisor. The term supervisor shall apply to any employee formally assigned to supervisory responsibilities for personnel and operations of a work unit within a larger department of City government. Department Directors and the City Manager should be understood to be supervisors of individuals who report directly to them. Unauthorized Absence. Failing to report for duty or failure to remain at work as scheduled without proper notification, authorization, or excuse. __________________________________________________________________________________________ Administration Chapter Page 6 Attendance & Work Hours ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 ATTENDANCE & WORK HOURS POLICY STATEMENT In order to maintain a high level of responsiveness to the City of Milton citizenry, it is important that employees follow established work hours, avoid tardiness and unauthorized absences, and follow reporting requirements. The City of Milton reserves the right to establish official work hours for any position to ensure accomplishment of the City’s mission. Where City operational demands can accommodate such options, the City encourages alternative work schedules to meet family or other such personal needs, as appropriate. GENERAL PROVISIONS A.40-hour Week. The City has adopted a 40-hour work week schedule for non- exempt employees, with the exception of police and fire shift personnel. B.General Business Hours. All offices of the City will be kept open continuously from 8:00 a.m. to 5:00 p.m. Monday through Friday. In order to facilitate flexibility for customers, those functions including areas of external customer service may make schedule arrangement to have staff available from 7:30 a.m. to 5:30 p.m. each working day. C.Hours Worked. Except as otherwise noted below, authorized paid leave is considered hours worked. 1.Vacation and sick leave hours are not considered hours worked for the purpose of determining overtime eligibility. 2.Vacation and sick leave hours are not considered hours worked for the purpose of determining eligibility for Family Medical Leave (FML). D.Attendance Requirements. Maintaining good attendance is a condition of employment and an essential job function of every job. An employee will refrain from unauthorized absences or tardiness; abusing sick leave; absences or tardiness that causes significant disruption of service, and excessive amount of time off the job, regardless of reason. An employee absent from the job without proper authorization for three consecutive workdays may be considered to have resigned their position. E.Additional Work. All employees are required to work in excess of their official hours when necessary, as determined by department management. Such additional work assignments may be rotated and allocated among employees qualified to perform the duties. Excess hours may be required or granted for a specific period of time or on a regular basis as operating circumstances warrant. Additional work by non-exempt employees must be approved in advance by the __________________________________________________________________________________________ Administration Chapter Page 7 Attendance & Work Hours ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 employee’s supervisor. This includes, but is not limited to work before or after regular work hours or work taken home. F.Time Increments. Hourly computations for the purpose of compensation and the use of vacation and sick leave will be computed in quarter hour increments. G.Meal Breaks. Meal time or other non-compensated breaks should be at least thirty (30) minutes in length. Other rest periods of short duration during the day should not be disruptive to operations and should not exceed in general, fifteen (15) minutes in length. Mealtime during a shift or tour of duty is not considered compensable time, unless the employee is on restricted on-call pay status or the employee is required to work during the meal time. ALTERNATIVE WORK SCHEDULES A.General Provisions. Subject to operational requirements, regular full-time employees may be permitted to work an alternative work schedule that allows the employee to work outside the normal work hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. B.Approval Process. Any significant change in an employee’s work schedule must be agreed to in writing by the department director and the employee prior to implementation. In addition, the Human Resources Manager must approve any significant change in an employee’s work schedule to ensure there is no conflict with statutory/regulatory requirements or City policy. C.Restrictions. •The City may cancel or suspend an employee’s alternative work schedule privileges at any time, for any or no reason. •Daily and weekly work schedules can be modified at the City’s discretion to meet changing operational needs. •Approval of an alternate work schedule does not restrict employees from working more than their scheduled work hours. •Employees can be required to depart from their alternate work schedule as necessary, to work additional hours, to attend training, or for other business purposes as determined by the City. •No alternate schedule will be approved that has the potential to unduly increase the City’s overtime pay liability. __________________________________________________________________________________________ Administration Chapter Page 8 Employee Status Changes ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 EMPLOYEE STATUS CHANGES POLICY STATEMENT Employees may undergo any number of changes in status and/or compensation resulting from their performance or from promotion, demotion, reassignment, transfer, or changes in family relationships. The purpose of this chapter is to identify and describe the more common of these changes. GENERAL PROVISIONS A.Requirement. All promotions, demotions, reassignments, or transfers are contingent on position availability and the employee meeting the minimum qualifications. B.Probation Period Requirements. Employees who are promoted, demoted, or reassigned are subject to a six (6) month probationary period in the new position. C.Probation Period Restrictions.Except as the result of disciplinary action or business necessity, no status change described in this chapter may occur while an employee is in a probationary period. D.Compensation. Status changes described in this chapter may affect compensation, based on position classification. E.Effective Dates. Except for temporary reassignments in emergency situations, status changes described in this chapter can only be effective at the beginning of a pay period. PROMOTIONS AND DEMOTIONS A.Eligibility for Promotion. Employees may be eligible to promote to higher classified positions based on qualifying skills and demonstrated performance. B.Reasons for Demotion. Employees may be demoted as the result of failure to meet minimum performance standards established for their position, disciplinary action, or job elimination due to business necessity. REASSIGNMENT A.Management Reassignment. An employee may be temporarily or permanently reassigned to a position in the same rank or classification with different duties and responsibilities. This action may be taken at the discretion of management. __________________________________________________________________________________________ Administration Chapter Page 9 Employee Status Changes ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 B.Temporary Reassignment to Higher Classification. Employees may be temporarily assigned to an acting status in a higher level position having different duties and responsibilities when: 1.An existing position is vacant or the incumbent is or will be absent from work for at least thirty (30)days. 2.Operational effectiveness precludes dispersing the duties of the position among other equally classified employees. 3.The employee meets the minimum qualifications of and is capable of performing the assigned duties of the higher level position, and 4.The City Manager or their designee approves the temporary acting status in writing prior to the reassignment. C.Employee-Sought Reassignment. Employees may voluntarily seek transfers to equally or lower classified available positions for which they are qualified. Such transfers may not be granted if the City Manager determines that they are not in the best interest of City operations. MANAGEMENT RECLASSIFICATION A.General Overview. Reclassification of a position may occur at the discretion of management when the job duties actually performed and the minimum qualifications of the position have significantly changed since the job description was written. Reclassification may result in a position being placed in a higher, lower, or same classification. Employees whose positions are reclassified will be given advanced written notice of the reclassification by the department director. B.Approval. All requests for reclassifications should be submitted to the Human Resources Manager, who will review and make a recommendation to the Director of Operations. The Human Resources Manager will submit the recommendation to the Director of Operations for final approval. NEPOTISM & CONFLICTS OF INTEREST A.General Overview. When relatives, as defined in the Personnel Authority Chapter of this handbook, work within the same department, potential conflicts of interest can arise. In order to prevent these conflicts, the city prohibits two (2) or more relatives to be employed within the same department. B.Options. 1.Voluntary movement of either or both employees based on availability of positions in other departments and qualifying skills of the employee. 2.Involuntary reassignment to an available position of equivalent status/grade. 3.Resignation or dismissal from City service C.Non-Fraternization. Romantic or sexual relationships between a __________________________________________________________________________________________ Administration Chapter Page 10 Employee Status Changes ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 manager/supervisor and a direct report employee can cause real or perceived conflicts of interest. In order to prevent these conflicts, the City prohibits such relationships or any conduct that is intended or may reasonably be expected to lead to the formation of a romantic or sexual relationship between a manager/supervisor and an employee in a direct reporting relationship. This policy applies regardless of whether or not both parties freely consent to such relationships. Should a manager desire to date or become involved with a direct report employee, the manager should first resign from their position with the City. Should two employees within the same department but not in a direct reporting relationship desire to become involved in a romantic relationship, they should disclose the relationship to the Department Director who shall then make a decision regarding the effect of the relationship on work product and work flow within the department. If in the judgment of the department director, the relationship between two employees within the department creates a negative effect on departmental operations, then one of the two will be asked to transfer or resign their position with the City. By its prohibition of romantic and sexual relationships, the City does not intend to inhibit the social interaction (such as lunches or dinners or attendance at entertainment events) that are or should be an important part or extension of the working environment. __________________________________________________________________________________________ Administration Chapter Page 11 Hiring & Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 HIRING AND SELECTION POLICY STATEMENT Milton is committed to employ, in its best judgment, the best qualified candidates for approved positions while engaging in recruitment and selection practices that are in compliance with all applicable employment laws. It is the policy of the City to provide equal employment opportunity for all employment to all applicants and employees. The appropriate authorization is required to initiate any action for an open position including any recruitment efforts, advertising, or interviewing, and approval is required to extend any offers of employment to any perspective candidate. GENERAL PROVISIONS A.Equal Employment Opportunity.The City of Milton provides equal opportunity to all employees and applicants without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, marital status, or status as covered veterans in accordance with applicable federal, state and local laws. This policy applies to all terms and conditions of employment including, but not limited to hiring, placement, promotion, termination, reduction in force, recall, transfers, leaves of absence, compensation and training. B.The Americans with Disabilities Act.The Americans with Disabilities Act (ADA) bars discrimination against the disabled in the areas of employment, public services, and public accommodations and requires employers to reasonably accommodate qualified individuals with disabilities. It is the policy of the City of Milton to comply with all federal and state laws concerning the employment of persons with disabilities. It is City of Milton’s policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training, or other terms, conditions, and privileges of employment. The City of Milton will provide reasonable accommodations to both employees and members of the public, if so requested. C.Selection Criteria. Selection for employment with the City of Milton is based on job-related qualifications in the sole discretion of the City and is contingent on satisfactory results of such exams or tests as either required by law or administered due to job-related duties. D.Minimum Age. Eighteen is the minimum age of employment for the City with the following exceptions: 1.The minimum age for police uniformed services is age 21 2.Selected temporary positions where persons at least age 16 and are allowed by law to work in jobs that are non-hazardous. __________________________________________________________________________________________ Administration Chapter Page 12 Hiring & Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 APPLICATION PROCESS A.Recruitment Requests. Upon a vacancy, the department director should submit the position requisition form to the Human Resources Manager. An advertisement will be published for every vacancy stating the position, the minimum training requirements, the salary range, how to apply, and the closing deadline for application submission. This notice will be published for a minimum of fourteen (14)days. At the discretion of the department director, an attempt at internal recruiting may be the initial course of action, in which case the advertising period may be altered. B.Forms and Submission. All candidates for a position, whether or not currently employed by the City, must complete a new employment application and file it with the City of Milton Human Resources Manager for each vacancy of interest. Additional information outside the initial employment application may be required from candidates. C.Examinations. As determined by the department director under review and management of the Human Resources Manager, the selection process may include, but not necessarily be limited to one or more of the following: Oral interviews; evaluation of experience and training; written basic skills test; physical ability skills test, driver history, criminal history, and reference and background checks. D.Falsified or Omitted Material. Omission or falsification of any material fact on an application disqualifies an applicant for consideration of employment, transfer or promotion. Disciplinary action may be taken against a current employee for an omission or falsification, up to and including termination. SELECTION A.Job-Related Criteria. Selection for employment with the City of Milton is based on job-related criteria that may include, but are not limited to: 1.Possession of the necessary knowledge, skills, abilities, training, education, licenses, certifications and experience required for the position. 2.Satisfactory results on performance tests and/or physical or psychological examinations, or drug and alcohol tests. 3.Satisfactory results on criminal history, driving record, employment and education reference checks. B.Nepotism. All provisions of the nepotism policy in this chapter will be adhered to during the selection process. C.Position Control. It is the responsibility of the Director of Operations to maintain a citywide position control in order to track authorized positions and the status thereof. The position control shall be the document of authority for determining the availability of positions for recruitment. __________________________________________________________________________________________ Administration Chapter Page 13 Hiring & Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 RE-EMPLOYMENT To be considered for re-employment, former employees must have demonstrated acceptable prior service with the City and must meet the current minimum qualifications for the position for which they are applying. Re-hired employees are subject to the conditions of employment and benefits of a newly hired employee, except in cases specifically stated otherwise. PROBATIONARY PERIOD A.Application. Newly hired or re-hired employees who are promoted, demoted, or transferred are required to successfully complete a probationary period of not less than six (6) months. It is the purpose of the probationary period to provide a time by which both employee and employer can decide whether to continue employment. Probationary employees and supervisors should utilitize the time to examine all aspects of the job and related performance. An employee’s end of probationary period must be documented via a personnel action form. B.Provisions. The probationary period may be extended beyond the six months for public safety personnel that have not completed the required academic and/or departmental training. Employees in a probationary status are not eligbile for reassignment, promotions or voluntary transfer, unless specifically approved by the City Manager. Employees in a probationary status do not have greivance or appeal rights to disciplinary action. Dismissal of an employee during the probabtionary period should be coordinated with the Human Resources Manager. CONTRACT EMPLOYMENT A.General Overview. Personnel from temporary employment agencies or contract employees outside an agency may be utilized from time to time by the City to facilitate business needs. The temporary agency is responsible for hiring, training, assigning, disciplining, and terminating its contract personnel. For performance purposes, contract personnel assigned a City project will be supervised by the department director’s designee. Contract employees are not eligible to receive City benefits. Contract employees outside an agency must supply their own equipment, manage their own schedule and are responsible for their own payroll tax payment and filing. B.Procedure. Departments in need of contract personnel must follow the requisiton process specified below: 1.Requests for contract personnel must be placed through the Department of Operations and will be reviewed by both human resources and finance. __________________________________________________________________________________________ Administration Chapter Page 14 Hiring & Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 2.Temporary assignment must be approved by the Director of Operations prior to the engagement of the contract service. 3.The Human Resources Manager will keep a list of approved temporary agencies and will coordinate the assignment once approval has been issued. OTHER EMPLOYMENT A.General Overview.The City recognizes that employees may seek additional employment during their off hours to earn additional income or develop new skills and experience. Despite any outside employment, their City job is the primary employment responsibility for full-time employees. Working extended hours while at a secondary job may adversely affect the health, endurance, and productivity of employees. The City does not consider outside employment to be an excuse for poor job performance, tardiness, absenteeism, or refusal to work overtime or travel when required by the City. Outside employment also presents the opportunity for conflicts of interest. It is for this reason, the City limits outside employment to the provisions in this chapter. B.Outside Employment. Outside employment is subject to written approval by the department director or their designee. A City employee may engage in any business, trade, occupation, or profession that does not: •Bring the City into disrepute •Reflect discredit upon the employee as an employee of the City •Interfere with the performance of the employee’s City duties •Present a conflict of interest •Result in misuse of City property or funds •Result in use of the City position for personal gain •Violate department policy or procedure C.Dual City Employment & Volunteer Time. Employees may not hold more than one compensated position by the City. Overtime liability under the federal Fair Labor Standards Act (FLSA) may be incurred when an employee occupies a compensated position and is allowed to perform services beyond their allowed hours without expectation of compensation. For this reason, the City restricts employee volunteer work to that which is “occasional and sporadic and in a different capacity” than their normal City position. All volunteer time toward a position not held by an employee must be approved by the Human Resources Manager. D.Prohibitions. 1.Department directors are prohibited in engaging in any form of outside employment without the specific approval by the City Manager. 2.No employee shall engage in any employment or business where the work of the secondary employer is subject to approval, review, licensure, or inspection by the employee’s City department. 3.No employee shall engage in any employment or business where the work of __________________________________________________________________________________________ Administration Chapter Page 15 Hiring & Selection ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 the secondary employer has been in the last twelve (12) months or is currently the subject of an investigation by the employee’s City department. 4.If an employee is unable to work for the City due to an illness or injury that exceeds three (3) consecutive work days or is being covered by the City’s worker’s compensation program. 5.No employees shall engage in any private business or activity while on duty. E.Approval. 1.An employee must obtain permission in writing from the department director or their designee before accepting any other employment or engaging in any other business. The prescribed from should be used for permission as it gathers the pertinent information for review of the request. 2.An employee must obtain permission in writing from the department director and the Human Resources Manager before accepting an assignment as a volunteer for the City. 3.Permission granted is subject to revocation in the event of a subsequent unknown or occurring conflict with this policy. __________________________________________________________________________________________ Administration Chapter Page 16 Performance Management & Review ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 PERFORMANCE MANAGEMENT AND REVIEW POLICY STATEMENT The job performance of all employees will be reviewed periodically to determine if salaries should be adjusted, if job descriptions should be revised, or if jobs need to be reclassified. A periodic formal performance review is intended to ensure that all employees: •Are aware of what duties and responsibilites are expected; •Understand the level of performance expected; •Receive timely feedback about their performance; •Have opportunities for education, training, and development; •Are evaluated in a fair and consistent manner; •Have performance goals established. GENERAL PROVISIONS A.Timing. The performance of employees will be reviewed: •Prior to completion of the probationary period after hiring, promotion, or reassignment. •At least annually for all full-time employees. •Annual reviews will occur during the first month of the fiscal year for the review period of the previous twelve (12) months. B.Performance Disscusions. Interim reviews by the supervisor of an informal nature throughout the year are encouraged in order to foster communication, assure common understanding of purpose, and to assist in detecting problems as they develop. REVIEW PROCESS A.Review Discussion Content.Together the supervisor and employee will discuss the employee’s performance during the review period and plan for the next review period. The contents of the review should: •Identify the principal duties of the job and measured results of those duties during the review period; •Review the expectations of the level of performance and the measured results of meeting those expectation during the review period; •Define the results that recognize significant work or projects during the review period __________________________________________________________________________________________ Administration Chapter Page 17 Performance Management & Review ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 •Identify and address areas of employee development needs; •Develop an action plan for training to improve or add skills; and •Set goals and objectives for the upcoming fiscal year. B.Documentation. The supervisor will document the employee’s evaluation and any agreed upon plans on the prescribed form and secure agreement with the department director before administering the review with the employee. Subsequent to the review with the employees, signatures of both the evaluator and employee should be ascertained. C.Appeal of Performance Review.If an employee disagrees with the supervisor’s assessement of their performance, the employee may appeal in writing to the deparment director.The department director’s (along with the Human Resource Manager’s input) decision will be final. PERFORMANCE IMPROVEMENT PLAN (PIP) A.Appropriate Use of the PIP.Employees who continue to perform below the acceptable level after counseling may be placed on a Performance Improvement Plan (PIP). If the employee fails to demonstrate the necessary improvement during or upon completion of the PIP, the employee may potentially be demoted or dismissed as appropriate. The PIP cannot be used to extend the probationary period B.Content of the PIP. The PIP document should include statements of the specific deficiences in the employee’s performance, the improvement that is necessary, the period of time in which improvement must occur, and the action to be taken if the employee fails to show satifactory improvement. __________________________________________________________________________________________ Administration Chapter Page 18 Termination of Employee Status ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 TERMINATION OF EMPLOYEE STATUS POLICY STATEMENT Employees leave the City of Milton workforce under various conditions that include retirement, voluntary separation, dismissal, or reductions in force. Regardless of reason, the end of employment shall be conducted in a discreet, respectful, and efficient manner. Procedures may exist affecting the employees terminal pay and disciplinary action appeals. Employees should make themselves aware of the these procedures. RESIGNATION OR RETIREMENT A.Notice Required. 1.Resignation. An employee must submit a resignation to their department director at least two (2) weeks prior to the effective date of the resignation. The resignation notice should indicate the last working day or shift with the City of Milton. Use of accrued sick or vacation leave during the notice period will be prohibited and failure to report to work during the notice period will be considered an authorized absence. An employee may be permitted or requested to leave immediately. If the the employee is requested by the City to not work through the notice period, the employee will be paid through the effective date of their resignation. 2.Retirement. An employee must give written notice of intent to retire to their department director as soon as possible but no less than thirty (30) calendar days prior to the intented retirement date. This notice is required in order to facilitate timely processing of retirement benefits. The resignation notice should indicate the last working day or shift with the City of Milton. In the case of disability, application of disability retirement satisfies the notice requirement. 3.Failure to Give Notice. An employee who gives less than the required notice may hamper their ability to be eligible for re-hire and timely reciept of benefits. The department director may waive the notice requirement in writing. B. Process of Exit. After receiving written notice of voluntary termination the department director management shall notify the Human Resources Manager, who will schedule an exit interview for the employee. Employees who leave the City’s workforce will be paid for all accrued vacation leave hours provided they have completed their probationary period. All City property assigned to the employee is considered an advance of wages and must be returned in proper working condition before receiving the final pay check. If not returned, the value of the items will be __________________________________________________________________________________________ Administration Chapter Page 19 Termination of Employee Status ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 deducted from the employee’s final pay check. C.Pending Disciplinary Action. An employee whose resignation or retirement notice is tendered and accepted after the initiation of a discplinary action forfeits their right to appeal the discplinary action. REDUCTIONS IN FORCE The City of Milton reserves the right to separate employees due to lack of work or funding. The determination of who is to be separated is within the sole discretion of the City Manager. __________________________________________________________________________________________ Administration Chapter Page 20 Use of City Property & Equipment ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 USE OF CITY PROPERTY & EQUIPMENT POLICY STATEMENT The City of Milton is committed to providing a safe workplace and has a substantial investment in the property and equipment used to provide employees the tools for the effective and efficient accomplishment of City business. The appropriate use of facilities, vehicles, equipment, and other items of City property is expected from employees. Additionally, this policy governs the use of the City’s computer and electronic communications system, which includes telephone, voice mail, fax machines, Internet, electronic mail (e-mail), and other computer usage. GENERAL PROVISIONS •Privacy. No employee shall have an expectation of privacy in any thing or item referenced in this chapter. This includes the use of the computer and electronic communication system, including, but not limited to, the e-mail and voice mail messages they create, store, send and receive, and the Internet sites they visit. •Use of Equipment. All equipment provided in the course of employment as well as the computer and electronic communications system is the property of the City of Milton government and may only be used for approved purposes. •Inspection of Property. Employees may be assigned and/or authorized the use of City-owned vehicles, lockers, desks, cabinets, computers, etc. for the convenience of the City and its employees. Management reserves the right to search City property assigned to employees and documents in employee desks, lockers, file cabinets, etc. The City has the right to monitor any and all aspects of its computer and electronic communication system, including, but not limited to, monitoring sites visited by users on the Internet, reviewing material downloaded or uploaded by users to the Internet, and reviewing e-mail sent and received by users. Such monitoring may be conducted without prior notice. Use of the City’s computer and electronic communication system automatically constitutes consent to such monitoring. •Proper Authorization. An employee shall not, regardless of value, take City property without authorization. The use of City property, equipment, or facility for personal gain or for other than official duty-related use is forbidden. •Discipline. Repayment for loss or damage may be required under this chapter in addition to, or in lieu of, discplinary action. Required repayment under this chapter will be made by payroll deduction from the employee’s pay as necessary to recoup the amount to be recovered. If the employee leaves the employment of the City, recoupment of the loss may be made from the final paycheck. __________________________________________________________________________________________ Administration Chapter Page 21 Use of City Property & Equipment ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 VEHICLE USE & OPERATION A.Business Use. Except as specified in this chapter, City vehicles are furnished for official City business and may not be used for personal reasons with express written consent by the City Manager. B.Vehicle Assignment. Employees assigned a City vehicle may be authorized to use the vehicle for transporation to and from work. This “take home” provision, if granted, shall only apply to employees living within a thirty (30) mile radius of City Hall. If take home status is granted, no personal use of the vehicle is permitted after the commute is complete. No passengers may be transported in take home vehicles unless they are connected to City business. Employees who are assigned a City vehicle are responsible for ensuring the preventative maintenance and repair schedule is met on the vehicle. Failure to ensure proper repair and maintence may result in the revocation of the assignment. All vehicle assignments are subject to recall at any time. ELECTRONIC COMMUNICATION SYSTEMS A.General Provisions. Electronic communication systems is defined as Internet, electronic mail, telephone, voice mail, facsimiles, pagers, mobile phones, 800 mhz radios, computer and computer networks, directories, and files. Employees will not have privacy rights with respect to any activity using these systems. All data, including e-mail messages composed, sent and received are the property of the City of Milton. B.Professionalism. At all times, users have the responsibility to use computer resources in a professional, ethical, and lawful manner. Users should use the same care in drafting e-mail and other electronic documents as they would for any other written communications. Users should always strive to use good grammar and correct punctuation, and keep in mind that anything created or stored on the computer system may be reviewed by others and the quality of communications is a direct reflection upon the City. C.Appropriate Use. Personal use of the computer and electronic communications system is a privilege that may be revoked at any time. Occasional, limited, and appropriate personal use of the computer and electronic communications system is permitted if the use does not: 1.Interfere with the user’s work performance 2.Interfere with any other user’s work performance 3.Compromise the integrity of the computer and electronic communications system __________________________________________________________________________________________ Administration Chapter Page 22 Use of City Property & Equipment ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 4.Violate any other provision of this policy or any other policy, guideline, or standard of the City of Milton D.Inappropriate Use. Under no circumstances should the City’s computer and electronic communications system be used for sending, transmitting, intentionally receiving, copying, or storing any communication that is fraudulent, harassing, racially offensive, sexually explicit, profane, obscene, intimidating, defamatory, or in the City’s sole opinion otherwise unlawful or inappropriate. Users encountering or receiving this kind of material should immediately report the incident to their supervisor and IT Manager. Exceptions are limited to police investigations into criminal activities, which may require the use of the Internet for information and intelligence gathering. This is permissible with the prior approval of the Public Safety Director. Other prohibited uses of the City’s computer and electronic communication systems, include, but are not limited to: •Sending chain letters •Sending copies of documents, messages, software, or other materials in violation of copyright laws •Compromising the integrity of the City and its business in any way •The advertisement of personal business or conducting personal business activities. E.Misuse of Software. Users who become aware of any misuse of software or violation of copyright law should immediately report the incident to the IT Manager. Files obtained from sources outside the City, include disks brought from home, files downloaded from the Internet, files attached to e-mail; and files provided by citizens or vendors. These files may contain dangerous computer viruses that can damage the City’s computer network. Users should never download files from the Internet, accept e-mail attachments from outsiders, or use disks from non-City sources without first scanning the material with City-approved virus checking software. If a user suspects that a virus has been introduced into the City’s network, they should notify the IT Manager immediately. Without prior written authorization from the IT Manager, users may not do any of the following: •Copy software for use on their home computers or to other computers •Provide copies of software to any independent contractors of the City or to any third person •Install software on any of the City’s workstations or servers •Download any software from the Internet or other online service to any of the City’s workstations or servers •Modify, revise, transform, recast, or adapt any software •Reverse-engineer, dissemble, or decompile any software •Passwords. Authorized users will be given a login name that allows access to the network.The user will have a personalized password, which should be obscure in nature and not divulged to others. Any user with knowledge of any password not their own shall report it to their supervisor immediately. No employee shall attempt any unauthorized access to the system. __________________________________________________________________________________________ Administration Chapter Page 23 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 SAFETY & ACCIDENT REPORTING POLICY STATEMENT The City of Milton is committed to providing a safe workplace. In accordance with this, employees are expected to take an active role in promoting workplace safety by reporting unsafe working conditions and by noting where fire extinguishers, first-aid kits, and emergency exits are located.Additionally, employees are required to participate in identifying and correcting where possible, the underlying causes of accidents and unsafe conditions. GENERAL PROVISIONS A.Employee Responsibility. Employees are responsible for exercising care and good judgment in preventing accidents and for observing safety rules and procedures when performing their duties. Employees are required to: 1.Report all accidents to their supervisor immediately, if possible, or no later than twenty-four (24) hours from the time of the accident and seek first aid for all injuries, however minor; 2.Report any unsafe work conditions, equipment, or practices to their supervisor as soon as possible; 3.Attend scheduled safety meetings and activities; 4.In the event of an injury resulting in lost work time, continued contact with the supervisor is required for the purpose of keeping records on the expected return to work status. B.Equipment Repair. Employees have a responsibility to report the need for repairs of any City-owned or leased property issued to the employee. No employee shall alter, repair, or in any way change, add to, or remove any parts or accessories of any City-owned or leased property without the permission of the department director. PERSONAL PROTECTIVE EQUIPMENT The City will provide directly, or through an allowance approved in the annual budget each year, items of personal protection. Supervisors will direct use of personal protective items when warranted and employees are expected to comply with such direction. OPERATION OF VEHICLES A.Vehicle Operator Qualifications. In order to operate a city-owned vehicle in the __________________________________________________________________________________________ Administration Chapter Page 24 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 course of business, an employee must: 1.Be at least eighteen (18) years of age; 2.Have a valid Georgia Driver’s License for the class of vehicle to be driven; 3.Have a record of no more than two moving citations or one moving citation and one chargeable accident within a twenty-four (24) month period; a.The Public Safety Director or their designee will make the sole determination of whether the accident was chargeable in nature. b.DUI or DWI convictions are a permanent part of an employee’s driving record and are not subject to the 24-month limitation. c.Employees whose primary duty is to drive a city vehicle that do not have an acceptable driving history must be relieved of such duties and assigned to non-driving positions or non-driving duties until their 24-month record reflects and acceptable driving history. If a non-driving position is not available, the employee may be terminated. 4.Be otherwise qualified under federal and state regulations to drive the vehicle in question; and 5.Be trained and authorized to operate the vehicle. B.Annual Review. To ensure the maintenance and validity of driver’s licenses, driving records of employees who operate City vehicles will be examined on an annual basis. The City will check motor vehicle records (MVR) of all applicants prior to making offers of employment. As part of the hiring process, applicants will be required to sign a written consent form allowing the City to check motor vehicle records at any time prior to or during their employment. The Human Resources Manager will be responsible for collection of license copies each year and the submittal of licenses to the appropriate party for review. C.Notification Procedures. Employees who operate vehicles in the course and scope of their employment must notify the supervisor: 1.When their driver’s license becomes invalid or suspended for any reason. Such employees will immediately be prohibited from operating vehicles on City business. 2.Immediately during work hours or by the next working day if after hours, upon the receipt of any ticket or citation for any violation of state law or a local ordinance relating to motor vehicle traffic operation other than parking violations. 3.An employee who receives a citation for any violation while operating a City vehicle will be responsible for paying any fine or penalty incurred and will be subject to disciplinary action, up to and including termination. 4.Failure to report can be grounds for disciplinary action, up to and including termination. __________________________________________________________________________________________ Administration Chapter Page 25 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 D.Operation of Vehicles. Employees shall operate any vehicle used for City business in a careful and prudent manner and shall obey the laws, policies, regulations, and procedures of the city and state pertaining to such operation. Smoking in City owned or leased vehicles is prohibited. E.Duty Restrictions. A physical, mental, or driving skill impairment that cannot be reasonably accommodated that affects an employee’s ability to safely operate a motor vehicle, or failure to comply with the driver qualifications outlined in this chapter, precludes that employee form operating any City owned or leased vehicle for City business. If the operation of a vehicle is an essential job duty, an attempt will be made to place the employee in a non-driving position. If such a position is not available, the employee will be immediately relieved of duty. If the vehicle prohibition is due to suspected physical or mental impairment, the employee will be subject to a health fitness evaluation as outlined in this handbook. F.Passenger Restraint Systems. Such systems where required by law, must be worn by the driver and passenger when a vehicle is in operation. The driver of the vehicle is responsible for compliance. The City also encourages the use of driver and passenger restraint systems during non-work hours. ACCIDENT INVOLVEMENT A.Report Required. All accidents involving injury to any person, City owned or leased vehicles or equipment, personal vehicles or equipment used during the course of business, and any property damage must be reported to the immediate supervisor by the employee involved in or witness to the accident. B.Employee Responsibilities. Unless transported from the accident scene for medical treatment, the employee involved in a job-related accident will: 1.Render aid to other parties if possible and necessary; 2.Report the accident and any injuries immediately to local law enforcement; 3.Immediately notify their supervisor or Human Resources if the supervisor is not available; 4.Record the name, address, and phone number of any witnesses, and note the specifics of the accident circumstances, if possible; 5.Be courteous, but not make or sign any statement for anyone other than the police officer responding to the scene; 6.Remain at the scene until excused by law enforcement personnel; 7.Not discuss or reveal information or provide statements to non-City personnel subsequent to the accident. This does not prohibit cooperation with law enforcement investigations outside the City’s jurisdiction. 8.Submit to all requested post-accident testing as directed by the supervisor or __________________________________________________________________________________________ Administration Chapter Page 26 Safety & Accident Reporting ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees.Any benefit,rule,or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 other City Management representative. C.Administrative Accident Investigation. The supervisor or other designated employees will conduct an administrative investigation into the circumstances of the accident and prepare a written report that includes a statement of the facts and analysis as to cause. The report will also include recommendations of any corrective action necessary to prevent recurrence of such accidents. The City Attorney will facilitate claim/litigation management with the City’s insurance carrier. D.Examinations and/or Tests. An employee who is involved in a reportable accident may be required to undergo examinations and/or tests as specified in the Performance of Duty Standards and Substance Abuse Testing chapters of this handbook. __________________________________________________________________________________________ Compensation & Benefits ____________________________________________________________________________________________________________________ __________________________________________________________________________________________ Compensation & Benefits Chapter Page 1 Compensation ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 COMPENSATION POLICY STATEMENT The City of Milton’s compensation philosophy is to maintain a competitive pay structure for the purpose of recruiting and retaining an effective and efficient workforce. The pay structure is designed to pay employees based on what their job is worth; ensure they appropriately move through the salary range for their classification; and recognize performance through merit pay, where applicable. The pay plan is designed to comply with federal and state law, including the Fair Labor Standard Act (FLSA). PAY SYSTEM A.Pay Period. All City employees will be paid on a bi-weekly basis. The work week will begin on Saturday and end on Friday. The actual pay date will be two Fridays following the end of a pay period. When a pay date falls on an official City holiday, employees will be paid on the date preceding the holiday. B.Direct Deposit. Participation in the direct deposit program is highly encouraged for all City employees. All pay-related items, such as allowances and reimbursements, will flow through the regular pay cycle. An employee’s final check upon the end of employment will not be a direct deposit check, but a live check picked up in person by the employee or mailed upon request. C.Type of Pay Other Than Base Rate. 1.Overtime Pay. Overtime work is work performed by a qualified employee which exceeds the regular work week, as defined in the Fair Labor Standards Act (FLSA). FLSA standard for non-public safety employees is a forty (40) hour workweek, for police shift employees, an eighty-six (86) hour bi-weekly work period and for fire shift employees, a one hundred six (106) hour bi-weekly work period. Compensation for overtime hours shall be at time and a half for hours worked in excess of the defined work period. Vacation and sick leave will not be considered as hours worked for overtime computation purposes. 2.On-Call Status. Some operational divisions in the City may designate non- exempt employees to be on call to provide for after hours service needs. Those designated employees are required to respond to an on call assignment. On call status shall have two distinct categories: a.Restricted On Call. The time spent on call on or away from City premises are under conditions that prevent the employee from using the time for personal activities. This category of on call is compensatory. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 2 Compensation ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 Employees in a restricted on call basis will be paid two (2) hours at the overtime rate per on call rotation. b.Unrestricted On Call. The time spent on call on or away from City premises are under conditions that do not prevent the employee from using the time for personal activities. The employee on unrestricted on call status may choose to report for an on call assignment. Unrestricted on call status is not compensatory. 3.Call Back Pay. A callback occurs when there is an emergency or after hours service need for which an employee reports to work as a result. A call back does not include additional hours of work scheduled in advance. a.An employee responding to a call back will be paid the greater of two hours or the actual time worked on the call back assignment at their overtime rate. b.Travel time is included in the calculation of call back hours. c.Exempt employees are not eligible for call back compensation. 4.Acting Status Pay. Employees who are temporarily re-assigned to perform the duties of a higher classification may receive a compensation increase for the duration of the temporary assignment. The appropriate increase shall be recommended by the Human Resources Manager but at no time should be less than the minimum pay range for the temporary assignment classification 5.Supplemental Allowance. Employees who use their own personal property which management has determined as essential to the job duties will receive allowances for such as approved in the annual budget each fiscal year. 6.Final Pay. Upon end of employment, employees will be paid at their base rate for accrued vacation leave hours up to a maximum of 240. Employees with less than six (6) months active full-time service or employees within their initial hire probationary period are not eligible for pay-out of any accrued vacation or sick leave time. COMPENSATION PLAN A. Pay Plan. The City will maintain a Classification and Pay Plan, including a complete inventory of all positions in the City’s service and an accurate description and specification for each grade of employment. The plan will standardize titles, each of which is indicative of a definite range of duties and responsibilities and has the same meaning throughout assigned departments. The Classification and Pay Plan will be designed to provide equal pay for equal work and to provide a pay range for each grade of positions which will enable the City to recruit and retain qualified employees as well as compete in the job market with other public employers. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 3 Compensation ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 B.Administration.The primary responsibility for day to day administration of the Classification and Pay Plan rests with the Department of Operations, as follows: 1.The Human Resources Manager is charged with the maintenance of the Classification and Pay Plan and its administration so that it will reflect the duties performed by each employee and the grade to which each position is allocated. 2.It is the responsibility of the Human Resources Manager to examine the nature of the positions as they are created and to allocate them to an existing grade in conformity with this section; to make such changes as are necessary in the duties and responsibilities of existing positions; to develop forms and to provide vital information when deemed necessary to determine the proper grade classification of each position; to periodically review the entire Classification and Pay Plan; and recommend appropriate changes in the plan. 3.The Human Resources Manager will facilitate the requests for newly authorized positions or changes in duties of an existing position change. The department director must submit a Position Review Request to Human Resources. The Human Resources Manager will investigate the actual or suggested duties and make a report to the Director of Operations for approval. C.Use of the Classification & Pay Plan. The pay plan is to be used as: 1.As a guide in recruiting and evaluating candidates for employment; 2.In determining lines of promotion and in developing employee training programs; 3.In determining salary to be paid for various types of work; 4.In providing uniform job terminology understandable to all City officials and employees and by the public; 5.The official job title represented on the Classification and Pay Plan should be used in all personnel, accounting, budget, appropriation, and financial records. No person will be appointed to or employed in a position in the City service under a title not included in the Classification and Pay Plan, except in those emergency situations where an employee may be identified as an unclassified employee for a finite period of time; 6.Other job titles may be used in the course of departmental routine to indicate authority,status in the organization and/or administrative rank. 7.It should be general practice for newly hired employees to be hired at the minimum pay rate of the applicable grade for the position. The City of Milton recognizes that in some instances it may be necessary to hire employees above the minimum pay rate of the applicable grade for the position. Department Directors shall have the latitude to hire personnel without other approvals up to the midpoint of the position as long as budget is available to do so. Salary offers beyond the midpoint must be approved by the City Treasurer and City Manager. D.Maintenance of Pay Ranges.The Director of Operations may make or cause to be __________________________________________________________________________________________ Compensation & Benefits Chapter Page 4 Compensation ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 made such comparative studies as they deem necessary of the factors affecting the level of salary ranges prior to the preparation of the annual budget as well as at other times during the year. On the basis of information derived from such studies, the Director of Operations may make recommendations to the City Manager for changes in salary ranges as deemed necessary to maintain the fairness, adequacy, and competitiveness of the overall salary structure. CHANGES IN SALARY A.Performance Reviews. As outlined in the Administration chapter, regular employees will receive an annual performance review the first month of each fiscal year, evaluating performance for the previous twelve (12) months. B.Salary Increases for Performance. Subject to annual budget appropriation, each department will be allocated a pool of merit dollars to be distributed by percent based on a formula derived from the performance evaluation results. Increases to salary based on the performance as noted in the review will be effective the first day of the fiscal year. The City Manager reserves the right to make additional pay adjustments as necessary for business operations. C.Salary Changes due to Promotions. The pay for employees receiving a promotion will be the greater of either the minimum of the pay grade of the promoted position or a five (5) percent increase. D.Salary Changes due to Reclassification. The pay for an employee whose position is reclassified to a higher pay grade will be upon the recommendation of the department director but at least the minimum of the higher position. The pay for an employee whose position has been reclassified to the same or lower pay grade will not change. E.Salary Changes due to Demotion. The pay changes for employees receiving a demotion will be as follows: 1.Demotions Based on Performance. An employee who receives a demotion based on poor performance will receive a salary adjustment comparable to the current percent of pay within the current pay grade. For example, if the salary of an employee before demotion is 35% of the position pay grade, then their salary upon demotion will be 35% of the pay grade in which they are demoted to. 2.Voluntary Demotions (not performance based).The salary of an employee who voluntarily demotes to a position in a lower pay grade based on a personal decision to do so will be determined upon the recommendation of the department director. 3.Involuntary Demotions (not performance based). The salary of an employee who has been involuntarily demoted due to business needs and not based on performance will not experience any change in pay. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 5 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 EMPLOYEE BENEFITS – LEAVE TYPES POLICY STATEMENT The City of Milton believes that employees should have opportunity to enjoy time away from work to help balance their work and personal lives. City management recognizes that employees have diverse needs for time off from work. Because of this, the City has established leave practices to address the balance as well as to protect the financial well being of employees during certain absences from work. Employees are accountable and responsible for managing their own leave balances to allow for adequate reserves if there is a need to cover unanticipated events requiring time away from work. OVERVIEW OF REQUIREMENT AND RESTRICTIONS A.General Provisions. Except as provided otherwise in this chapter, the following apply to all paid leave benefits: 1.Approval of leave is subject to operational requirements of the department and any request for paid leave may be denied or rescheduled due to staffing needs; 2.Paid leave cannot be advanced; 3.All requests for leave must be submitted in writing using the leave request form with as much notice as possible; 4.Employees who are re-hired start a new active service period for leave accrual purposes; 5.Except for military leave, an employee in an unpaid leave status will not accrue vacation or sick leave hours. This will not, however, constitute a break in service for accrual rate purposes; 6.Non-exempt employees shall record paid leave in quarter hour increments; 7.Exempt employees shall record paid leave in whole day increments. B.Unpaid Leave Status. Unpaid leave will not be approved under normal circumstances. All requests for leave without pay must be approved by the Director of Operations. Vacation and sick leave will not be accrued during leave without pay status. Please note that while an employee is on leave of absence without application, there is no job protection by the City. Employees may continue, at their expense, their group health insurance coverage while on leave of absence without pay. In order to continue coverage, the employee must contact the Department of Operations to arrange for documentation and payment of premiums. The exceptions to these provisions are leave granted as Family Medical Leave and Military Leave as specified later in this chapter. C.Mandatory Leave. For internal control purposes, employees who hold positions in Finance, Information Technology, or in other departments where they may have financial responsibilities, such as accounts payable, revenue __________________________________________________________________________________________ Compensation & Benefits Chapter Page 6 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 collection, etc.) will be required to take a minimum of five (5) consecutive vacation days per year. In addition, an alternate employee must be trained to perform those functions during the absence of the vacationing employee. VACATION LEAVE A.Eligibility. It is the policy of the City to provide paid vacation for eligible employees. Employees are not entitled to “cash out” accrued leave outside the end of the employment process. Vacation leave is accrued and granted to: 1.Regular full-time, police and fire shift employees, and regular part-time employees; 2.Eligible employees while on authorized paid vacation leave will continue to accrue vacation leave hours; 3.Eligible employees can take leave immediately once hours have been accrued and approved by department management; 4.Pay for vacation leave shall be at the employee’s regular rate of pay in effect for the employee’s regular job on the pay date immediately preceding the employee’s vacation period. B.Vacation Leave Accrual Rate. 1.All eligible employees hired December 1, 2006 through June 30, 2007 will receive credit for years of experience based on relevant previous employment, retroactive back to the date of hire. For these purposes, years of service is defined as any job related experience that is directly related to the employee’s job description; 2.Employees receiving the above mentioned accelerated leave accrual will remain in the assigned accrual level until the actual years of service have been attained for moving to the next accrual level; 3. Employees hired after June 30, 2007 will accrue vacation hours based on their hire date with the City; 4.All eligible employees accrue vacation leave hours on the following basis: The accrual rate increases on the first day of the pay period that includes the employees’ anniversary date. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 7 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Years of Service Hours Per Biweekly Pay Period Hours/Year Days/Year Up to 1 Year 3.7 96 12 1 thru 4 years 5.54 144 18 5 thru 9 years 6.46 168 21 10 thru 14 years 7.4 192 24 15 or more 9.23 240 30 Up to 1 Year 1.85 48 6 1 thru 4 years 2.77 72 9 5 thru 9 years 3.23 84 10.5 10 thru 14 years 3.7 96 12 15 or more 4.6 120 15 Up to 1 Year 11.08 288 12 1 thru 4 years 16.62 432 18 5 thru 9 years 19.38 504 21 10 thru 14 years 22.15 576 24 15 or more 27.69 720 30 Up to 1 Year 5.54 144 12 1 thru 4 years 8.31 216 18 5 thru 9 years 9.69 252 21 10 thru 14 years 11.08 288 24 15 or more 13.85 360 30 Regular Full-time Employees Regular Part-time Employees Police Shift Employees Fire Shift Employees C.Use and Scheduling of Vacation Leave. 1.Whenever possible, employees will be allowed to take vacation at times most convenient to them. However, in order to ensure continued smooth operation and maintain a high level of quality in the delivery of service to the citizens of Milton, the City reserves the right to limit the number of employees that may be absent from a given department at any one time. Where there is a conflict in the vacation choices of two (2) or more employees who cannot be spared at the time, the department management will determine who will take leave; 2.When a holiday occurs during the period an employee is on authorized vacation leave with pay, vacation shall not be charged for the holiday; 3.Eligible employees will be allowed to carry over vacation hours from one calendar year to the next according the chart below. On December 31st of each year, the employee’s vacation leave credits will be totaled and any hours in excess of the applicable carry over will be forfeited. Regular Full-time Employees 240 Regular Part-time Employees 120 Fire Shift Employees 318 Police Shift Employees 252 Maximum Vacation Hours Carry Over Per Year Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 __________________________________________________________________________________________ Compensation & Benefits Chapter Page 8 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ SICK LEAVE A.Eligibility. It is the policy of the City to provide sick leave with pay for eligible employees. Sick leave is a privilege and may be used only when an employee or member of an employee’s family is incapacitated due to personal illness or injury or has a medical/dental appointment. Employees are not entitled to “cash out” accrued leave outside of the end of the employment process. Sick leave is accrued and granted to: 1.Regular full-time, police and fire shift employees, and regular part-time employees; 2.Eligible employees while on authorized paid sick leave will continue to accrue vacation leave hours; 3.Eligible employees can take leave immediately once hours have been accrued and approved by department management; 4.Pay for sick leave shall be at the employee’s regular rate of pay in effect for the employee’s regular job on the pay date immediately preceding the employee’s sick leave period. B.Sick Leave Accrual Rate. 1.All eligible employees will accrue sick leave hours per pay period based on the type of employee. The accrual will begin immediately upon hire. Years of Service Hours Per Biweekly Pay Period Hours/Year Days/Year Regular Full-time Employees 2 52 6.5 Regular Part-time Employees 1 26 3.25 Fire Shift Employees 6 156 6.5 Police Shift Employees 3 78 6.5 Regular Full-time Employees 2.Eligible employees will be allowed to carry over sick hours from one calendar year to the next according the chart below. On December 31st of each year, the employee’s sick leave credits will be totaled and any hours in excess of the applicable carry over will be forfeited. Regular Full-time Employees 40 Regular Part-time Employees 20 Fire Shift Employees 53 Police Shift Employees 42 Maximum Sick Leave Hours Carry Over Per Year C.Use of Sick Leave. Sick leave may be used for appointments for medical or dental examinations or treatment when such appointments cannot be reasonably scheduled during non-working hours.Examination appointments must be approved at least one (1) work day in advance, by the department. Sick leave can Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 __________________________________________________________________________________________ Compensation & Benefits Chapter Page 9 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 also be used for unplanned sick absences. In unplanned circumstances, an employee should make every attempt to report to their supervisor within thirty (30) minutes of the scheduled starting time the reason for absence. Police officers must report sick leave at least four (4) hours and firefighters at least two (2) hours in advance of the scheduled shift starting time. An employee who fails to so notify their supervisor may not be paid for the time taken prior to notification. DONATION OF LEAVE An employee may donate accrued leave to another employee’s leave bank with the following provisions: •All leave donations will be managed and processed by the Human Resources Manager and approved by the City Manager, •The donation of leave must be for an emergency situation, •The number of donated hours cannot be in excess of 50% of the donator’s combined sick and vacation leave balance. However, in order to donate hours, an employee must keep a minimum of forty (40) hours combined vacation/sick leave in their personal bank, •The donator shall donate leave time by the hour and the leave hours shall be used at the recipients’ rate of pay, •All donated time, whether vacation or sick, shall become part of the recipient’s sick leave bank, and •Donated time shall become a permanent part of the recipient’s sick leave bank, subject to all policies regarding the accumulation and carry-over of sick leave. If the emergency situation having triggered sick leave donation is on-going during the calendar year-end, an exception to the sick leave carry-over may be authorized by the City Manager and Human Resources Manager. CATASTROPHIC SICK LEAVE BANK In order to plan for catastrophic circumstances, the City will maintain and manage a catastrophic sick leave bank. The sick leave bank shall not exceed 500 hours and will be comprised of hours donated by employees at the end of the calendar year. Employees may donate up to 20% of the amount of sick leave hours they are scheduled to forfeit at the end of the calendar year. If the sick leave bank reaches the maximum 500 hours and their still exists hours for donation, then those hours will be added to the bank as hours drop below 500. Employee hours donated to the bank but not accepted due to the bank’s hour cap will be considered to have donated to the bank. Any employee who donates to the sick leave bank may petition the bank for use of sick leave in a catastrophic circumstance. In order for an employee to use hours from the sick leave bank, they must exhaust the entire balance in their personal vacation and sick bank as well as all donated leave. Approval of the use of sick leave hours must be approved by the Human Resources __________________________________________________________________________________________ Compensation & Benefits Chapter Page 10 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 Manager and the City Manager. Hours in the sick bank will be used on a first-come- first-served basis. OTHER LEAVE TYPES A.Bereavement Leave. 1.Employees may be granted up to four (4) workdays of bereavement leave with pay upon death of a member of the employee’s immediate family. The immediate family is defined for bereavement purposes as: parent, spouse, child, brother, sister, parent-in-law, grandparents, son-in-law, daughter in-law, grandchild, step-parents, and step-children. 2.The four days will be based on the employee regularly assigned work day. Employees must request bereavement leave by contacting their supervisor prior to the leave period. 3.There is no accumulation of bereavement leave days and no payment upon separation from City employment. The four (4) bereavement days do not have to be taken simultaneously. B. Civil Leave. 1.Jury Duty. All regular full-time employees selected for jury duty shall be entitled to receive civil leave with pay for the period of absence. An employee shall be entitled to all fees received as a juror. An employee may be required to present a statement from the court indicating jury service. 2.Official Court Attendance. All employees subpoenaed or ordered to attend court to appear as a witness or to testify in some official capacity on behalf of the City, State or the Federal Government are entitled to leave with pay for such period as their court attendance may require. Any fees paid for such service may be retained by the employee. 3.Military Leave. Employees are entitled to military leave in accordance with state and federal law. An employee going on military leave should present a copy of their official orders to the Human Resources Manager and department management as soon as received or they may fill out a Military Leave Verification form C. Family Medical Leave.The federal Family Medical Leave Act (FMLA) provides for a family and/or medical leave of absence, defined as an approved absence available to eligible employees for up to twelve weeks of paid or unpaid leave in any twelve- month period under certain circumstances that are critical to the employee’s health or the health of the employee’s family. Provisions are as follows: 1. Eligibility. To be eligible for leave, an employee must have been working for the City of Milton for at least twelve months and must have worked at least __________________________________________________________________________________________ Compensation & Benefits Chapter Page 11 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 1,250 hours during the twelve month period prior to the request for leave. 2.Use of Leave. An eligible employee may elect to use accrued leave during family medical leave time. 3.Return to Work. An eligible employee who takes leave for a purpose permitted by the FMLA will be entitled upon return from such leave to be restored to the same position of employment as held when the leave began, or to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. An exception to the employment restoration provisions of the policy may be made if the employee on leave is a salaried employee and is among the highest paid ten percent (10%) of the City’s employees and restoring employment of the employee would result in substantial economic injury to the City. A doctor’s release may be required if the employee is returning from a medical leave of three or more days. 4.Basic Conditions of FMLA a.The City will require medical certification from the health care provider to support a request for leave for any employee’s own serious health condition, or to care for a seriously ill child, spouse, or parent for requested time that exceeds three (3) days. b.For the employee’s personal medical leave, the certification must state that the employee is unable to perform the functions of their position because of a serious health condition. c.For leave to care for a seriously ill child, spouse, or parent, the certification must state that the employee is needed to provide care. d.At its discretion, the City may require a second medical opinion, and periodic recertification at its own expense. If the first and second medical opinions differ, the City, at its own expense, may require the opinion of a third health care provider, approved by both the City and the employee. This third opinion is binding. e.If medically necessary for a serious health condition of the employee or their spouse, child, or parent, leave may be taken on an intermittent or reduced leave schedule. If leave is required on this basis, however, the City may require the employee to transfer temporarily to an alternative position that better accommodates recurring periods of absence or a part-time schedule, provided the position has equivalent pay and benefits. 5. Notification and Reporting Requirements. When the need for leave can be planned, such as the birth or placement of a child, or scheduled medical treatment, the employee must provide reasonable prior notice, and make efforts to schedule the leave to minimize disruption to City operations. In cases of illness, the employee will be required to report periodically on their leave status and intention to return to work. 6. Status of Employee Benefits During Leave of Absence. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 12 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 •Any employee who is granted an approved leave of absence under the policy may continue their group insurance coverage by arranging to pay their portion of the premium contributions during the period of unpaid absence. •Employees will be required to continue to pay their share of group health benefit costs during a period of leave under the law. •An employee on leave will not lose any employment benefits accrued prior to the leave, unless a benefit is used by the employee during leave, such as accrued paid vacation or sick leave. 7. Procedures. Employees must follow specific procedures to request a family or medical leave. These procedures are as follows: a.Complete the request for Family Medical Leave of Absence form (available from the Human Resources Manager). b.The form must be signed by the employee and submitted to their Department Management. The department will then submit the approved form to the Department Director. When possible, the form should be submitted by the employee thirty days in advance of the effective date of the leave. c.Employees requesting family and medical leaves of absence due to illness must complete a leave certification requirements form. d.The employee must submit a completed request for family and medical leave of absence and a leave policy form. e.To request leave for the care of a child, parent, or spouse with a serious health condition, the employee must provide certification from the health care provider who is treating the child, parent, or spouse, including the date on which the condition commenced; the probable duration of the condition; the appropriate medical facts regarding the condition; an estimate of the time needed to care for the individual involved (including any recurring medical treatment); and a statement that the condition warrants the health care provider’s involvement. f.To request leave due to an employee’s serious health condition, the employee must provide certification from the health care provider who is treating their own serious health condition with the date on which the condition commenced; the probable duration of the condition; the appropriate medical facts regarding the condition; and a statement that the employee is unable to perform the functions of their position due to their condition. g.To request intermittent or a reduced leave schedule, the employee must provide the following additional information from the health care provider: 1) for leave for the employee, the employee must provide a statement of medical necessity for their intermittent or reduced leave, the expected duration of the schedule, a listing of the dates of their planned medical treatment and the duration of the treatment(s), 2) For leave to care for a son, daughter, spouse or parent, the employee must provide a statement attesting to the necessity of intermittent or reduced leave for the employee to provide care or to assist in the person’s recovery, and an estimate of the expected duration and schedule of their intermittent or __________________________________________________________________________________________ Compensation & Benefits Chapter Page 13 Employee Benefits – Leave Types ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 reduced leave. HOLIDAYS The City observes the following holidays: New Year’s Day Martin Luther King Day President’s Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Day Floating Holiday - Assigned by City Manager Floating Holiday – Employee’s Birthday When a holiday falls on a Saturday, the preceding Friday shall be declared a holiday for City employees. When a holiday falls on a Sunday, the following Monday shall be declared a holiday for City employees. The birthday floating holiday must be taken within the same pay period as the employee’s birthday. The City Manager will designate their floating holiday on a year by year basis. A non-exempt employee who is required to work on an official City holiday will be paid at two times their hourly rate for the hours worked during the actual holiday. A non- exempt shift employee scheduled off on an actual calendar holiday will be paid a holiday equalization of eight (8) hours. All shift employees will receive a minimum of eight (8) hours of holiday pay, whether on-shift, through holiday equalization, or a combination of the two. An exempt employee who is required to work on an official City holiday can take the same number of hours off at a later time; however, no comp time shall be banked for time off purposes. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 14 Employee Benefits – Group Benefit Plan ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 GROUP BENEFIT PLAN POLICY STATEMENT It is the policy of the City of Milton to provide its employees with various insurance, retirement and educational assistance benefits. The benefits plan is designed to provide a supplemental package of programs which contribute to the physical and mental health and well being of the employee and their dependents. The plan is designed to enhance the attractiveness of working for the City and to aid the City’s competitiveness in recruitment and retention efforts. Brief summaries of benefits are highlighted in this chapter with an attachment in the Appendix detailing each benefit. While overall benefit changes will require approval of a new policy chapter, the appendix attachment is subject to change from year to year and the changes will be included as part of the annual budget approval process. GENERAL PROVISIONS A.Administration.The primary responsibility for the day to day administration of the benefits plan shall rest with the Human Resources Manager within the limits of these policies and procedures. Availability of benefit packages, questions on benefits, and employee discussion regarding benefits can be obtained from the Human Resources Manager. The Director of Operations serves as an alternate contact for this information when the Human Resources Manager is not available. a.Eligibility. 1.Eligibility for health insurance, death benefits, retirement benefits, and tuition reimbursement shall include regular full-time, police and fire shift employees. 2.Employee contributions deducted via payroll will begin concurrent with employee eligibility. 3.Benefit eligibility will expire at the end of the pay period of the employee’s final pay check. 4.All employees, elected officials and police and fire volunteers shall be covered by worker’s compensation and have access to the Employee Assistance Program. b.Benefits Continuation. The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under the City of Milton’s health plan when a qualifying event would normally result in the loss of eligibility. Some common qualifying events are: •Resignation, termination of employment, or death of an employee •A reduction in an employee’s hours or a leave of absence __________________________________________________________________________________________ Compensation & Benefits Chapter Page 15 Employee Benefits – Group Benefit Plan ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 •An employee’s divorce or legal separation •Marriage or the birth or adoption of a child •A dependent child no longer meeting eligibility requirements Under COBRA, the employee or qualified beneficiary pays the full cost of coverage at the City of Milton’s group rates plus an administrative fee established by the City. The Human Resources Manager provides each eligible employee with a written notice describing rights granted under COBRA when the employee becomes eligible for coverage under the City’s health insurance plan. The notice contains important information about the employee’s rights and obligations. All COBRA payments are to be coordinated through the Department of Operations. BENEFITS OFFERED A.Health Insurance Package.The City of Milton will provide health, dental and vision programs for all eligible employees. Dependent care coverage will be available to all eligible employees wishing to choose such a benefit at additional cost. B.Death Benefits.The City will offer life insurance coverage to all eligible employees. C.Retirement Benefits. The City will offer two retirement programs as follows: 1.Deferred Compensation Program.The City’s deferred compensation program allows an employee to contribute to a 457 plan in order to plan for retirement on a tax-deferred basis. The employee will have the ability to direct their contribution into the investment choices offered by the external defined contribution plan administrator. There will be a maximum contribution per year, set by the IRS and contributions made by the employee shall be vested immediately upon the employee’s eligibility date for benefits and shall be portable based upon regulations defined in the City’s Plan Document and guidelines defined by the Internal Revenue Service. A city match to the voluntary plan will be on a year-by-year basis as budget funds allow. 2.Defined Benefit Program. The City will offer a defined benefit (pension) program to all eligible employees. A base pension contribution will be paid by the City, with an additional contribution made by the employee as outlined in the plan document.There will also be a vesting period as defined in the plan document. D.Tuition Reimbursement. In order to encourage continuing education for employees, the City may offer tuition reimbursement to eligible employee, contingent upon funds availability. Reimbursable expenses include tuition, registration and application fees, books and other required fees. The cost of supplies, parking, gasoline, student activity cards, and other related items are excluded. 1.Application.The Tuition Reimbursement form must be completed and approved prior to the beginning of any educational activity in which an __________________________________________________________________________________________ Compensation & Benefits Chapter Page 16 Employee Benefits – Group Benefit Plan ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 employee wishes to seek reimbursement. An employee who takes an approved course may be reimbursed one hundred percent (100%) up to a maximum of $3,000 per calendar year of tuition costs provided: a.Approval is received from the department manager and the Director of Operations prior to commencement of the course. b.The course is job-related or related to a position to which the employee can be promoted. c.The course has been successfully completed with a minimum grade of “C” at the undergraduate level and “B” at the graduate level. d.Funds for reimbursement are available in the department budget. 2.Reimbursement.The employee shall submit proof of tuition payment, other receipts eligible for reimbursement and a copy of their grade(s) to the Human Resources Manager within ten (10) days after receiving their grades. The City reserves the right to recoup any reimbursement given within ninety (90) days of the end of employment. E.Employee Assistance Program (EAP). The City of Milton will provide a confidential counseling and referral service through professional providers to assist employees in resolving personal issues which may be affecting job performance, employee morale and quality of life by offering support and helping them achieve their goals. It is the intent of the City for all employees and elected officials to have direct and confidential access to the EAP.Initial counseling/referral services will be free of charge to the employee and their dependents. Long term services may become chargeable either to the employee or the employee’s insurance. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 17 Employee Benefits – Group Benefit Plan ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 WORKER’S COMPENSATION POLICY STATEMENT It is the intent of the City of Milton to comply with the provisions of the Worker’s Compensation Laws of the State of Georgia. All City of Milton employees and elected officials who are injured on the job are protected by the Georgia Worker’s Compensation Act. The provisions of this act are the exclusive remedy for employees injured on the job and provide benefits and procedures for obtaining benefits for occupational injuries and diseases arising out of and in the course of an employee’ employment with the City of Alpharetta. GENERAL PROVISIONS A.Definition. Under Georgia Law, “injury” is defined to include impairments that occur suddenly as a result of trauma as well as diseases that develop over long periods as a result of occupational hazards. Psychiatric conditions are covered if the employee can demonstrate that actual on the job events were at least ten percent of the cause of the condition. B.Responsibility. Worker’s compensation can be a very complex environment if proper procedures are not followed. Specific responsibilities lie with the human resources department, all supervisors and the employee. 1.Human Resources.The Human Resources Manager is responsible for the management of the City’s worker’s compensation program in accordance with the provisions of the Georgia Worker’s Compensation Act and other Federal, state, or local regulations. The Human Resources Manager is responsible for timely submission of the First Report of Injury form to the State and for all other Worker’s Compensation records, files and reports. The Human Resources Manager will, in accordance with the law and applicable City policies and procedures, determine the continuing employment status of employees who are out of work on Worker’s Compensation. An employee out of work on Worker’s Compensation who does not return to work when released to do so by a qualified physician may be terminated. 2.Supervisors. City of Milton supervisors are responsible for assuring their employees report all on-the-job injuries to them immediately when possible, but in all cases no later than twenty-four (24) hours after the occurrence of the injury. Supervisors will ensure that a written report of the injury is completed and turned into the Human Resources Manager within the twenty-four hour time period. 3.Employees. All City of Milton employees are required to report all on-the-job injuries to their supervisor immediately when possible, but in all cases no later than twenty-four (24) hours after the occurrence of the injury. The employee is obligated to cooperate with the worker’s compensation program directives and activities and any fraudulent activity will be grounds for termination. __________________________________________________________________________________________ Compensation & Benefits Chapter Page 18 Employee Benefits – Group Benefit Plan ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 PROCEDURES: 1.An employee injured on the job must report the injury to their supervisor immediately. 2.The employee’s supervisor must follow the appropriate procedures prescribed for reporting the injury. 3.Treatment of the injury shall be provided at one of the designated medical facilities that are posted at each work site. 4.An employee injured by an accident arising out of or in the course of employment shall not be charged for any absence from duty due to the injury on the day of the injury. 5.There is a seven (7) calendar day waiting period before worker’s compensation benefits are due. The seven-day waiting period includes those days the employee would not have worked even if there has been no injury. The employee is eligible to receive medical benefits during the seven day waiting period. Beginning with the first day after an on-the-job injury and continuing through the seventh day following the injury, the injured employee may elect to be compensated by using their available sick or vacation balance. However, if the disability lasts for twenty- one (21) consecutive days, compensation is retro-active for the first seven days. The first seven (7) days of disability are not reimbursable unless the employee is disabled more than the twenty-one (21) consecutive days. 6.Beginning with the eighth (8) day following the injury, the employee will be compensated with the statutory worker’s compensation rate of 66 2/3 of weekly salary up to the maximum prevailing rate required by the Worker’s Compensation Law. The employee may continue their available balance of sick or vacation time to supplement the worker’s compensation benefit. During the first six (6) months of a job related injury, the employee’s position will be secure and the affected department may use temporary employment if the budget allows. At the end of six (6) months, the employee shall, if still unable to return to work, apply for long-term disability benefits through the City’s carrier to supplement the worker’s compensation benefits. HAZARDOUS DUTY INJURIES: An employee determined injured in a hazardous Duty assignment shall be eligible to receive pay to supplement the statutory Worker’s Compensation benefits to a maximum of full salary for a period of six months. This hazardous duty supplement will be without charge to the employee’s PTO balance. A hazardous duty injury shall be defined as bodily injury to an employee result in from an activity within the scope and course of employment that is due to exigent and life or limb threatening circumstances, provided the circumstances are not caused or contributed to by the employee’s own conduct. The hazardous duty injury must have been sustained while physically working for the City of Milton. Determination of hazardous duty injuries will be made upon recommendation of the department director of the injured employee to the Director of Operations. These two directors and the Human Resources Manager will make the final determination of hazardous duty injury. ____________________________________________________________________________________________________________________ Employee Relations ____________________________________________________________________________________________________________________ __________________________________________________________________________________________ Employee Relations Chapter Page 1 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 STANDARDS OF CONDUCT POLICY STATEMENT All employees are expected to maintain acceptable standards of conduct, efficiency, and economy in the performance of their work. All employees are expected to maintain minimum standards of conduct both on and off duty in order to: •Promote impartial, objective and effective performance of their duties •Avoid activities that are adverse to the City’s interest or adversely affect the City’s reputation •Ensure safe and efficient operations •Encourage a high degree of confidence in and support for City operations The following list of standards of employee conduct is not intended to be all inclusive of every type of conduct prohibited by City employees. Other standards of conduct are established throughout this handbook and other standards may be established and published by departments as operations deem necessary. GENERAL PROVISIONS A.Conformance to Law. An employee shall obey and not engage in any conduct prohibited by the laws of the United States, Georgia, or any other state and political subdivision thereof. Conduct described by such laws may be cause for disciplinary action regardless of whether charges are filed or prosecuted. B.Violation of Rules. An employee shall not commit any act contrary to good order and discipline or constituting a violation of any of the provisions of the rules and regulations of the City. C.Ethics. All employees shall conform to the ethical standards of conduct as outlines in the City’s code of ordinances. ATTENTION/DERELICTION A.Attention. An employee shall remain awake, alert, observant and occupied with City business when on the job. Employees are expected to perform their job duties: •Timely, promptly and without undue delay; •Without unnecessary supervision; •Ensuring they are engaged productively at all times or as directed; •Demonstrating appropriate initiative and dependability in the quality, volume, and prioritization of job duties. B. Insubordination. An employee shall adhere and execute any and all lawful orders __________________________________________________________________________________________ Employee Relations Chapter Page 2 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 of a supervisor, including those relayed from a supervisor through another employee. A lawful order is any order in keeping with the performance of any duty, issued either verbally or in writing by the department director or any other supervisor, direct or indirect. The willful disobedience of any order lawfully issued by a supervisor or any mutinous, insolent, or abusive language or conduct toward a supervisor shall be insubordinate. COMPETENCE, JUDGMENT, AND SUPERVISION A.Competence. An employee shall maintain sufficient competence to properly perform the assigned duties and responsibilities of the position. The employee’s efforts shall be directed and coordinated in a manner that will tend to establish and maintain the highest standards of efficiency in carrying out the functions and objectives of the City. B.Judgment.An employee shall exercise appropriate judgment relevant to the conduct and performance of duty. C.Supervision. A supervisor shall, in accordance with department management expectation: 1.Demonstrate qualities of leadership necessary for the position; 2.Exercise appropriate supervision of subordinates and responsibilities; 3.Effectively plan, develop, and coordinate supervision and training of subordinates; 4.Observe and appropriately counsel subordinates; 5.Take appropriate action when a subordinate fails to perform; and 6.Properly account for all funds and property under their control HEALTH FITNESS A.Fitness for Duty. An employee must be physically and mentally fit to perform essential job functions. B.Evaluation for Fitness. When it is suspected that the physical or mental impairment of an employee constitutes a hazard to individuals or property or may prevent the employee from effectively performing the essential job functions of the position, the employee may be required to submit to an evaluation of health fitness for duty and/or undergo a program of treatment. All such testing shall be coordinated by the Human Resources Manager. C.Periodic Evaluation. An employee may be required to take periodic examinations and/or undergo a program of treatment to qualify for continued employment. D.Disclosure Required. An employee who becomes aware of a physical or mental impairment that may affect their ability to perform essential job functions shall report the condition immediately to the department director. __________________________________________________________________________________________ Employee Relations Chapter Page 3 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 E.Status During Evaluation. Pending completion of the health fitness evaluation, the employee may be required to use accrued leave, may be placed in an unpaid leave status, or may be temporarily reassigned. ABSENCES AND REPORTING C.Unauthorized Absence. No employee shall be absent without authorization. This includes failure to report for work at the assigned time and place, or leaving a place of duty or assignment without authorization. D.Reporting for Work. An employee shall report to work physically and mentally fit at the time and place specified by the supervisor and remain physically and mentally fit throughout the work day. E.Reporting Absence. An employee who cannot report to work due to illness or emergency shall notify the immediate supervisor within the time limits established by the department director. F.Fictitious Reporting. Employees are responsible for immediately reporting the suspected violation of policy. An employee is responsible for immediately reporting to their department director in writing any arrest or complaint filed against them. Reports submitted by employees shall be truthful and without attempt to deceive any supervisor or official of the City. RESPONSE A.Responding to Calls for Service. No employee shall fail to timely respond to official calls for service, dispatched calls, notices of assignment, or any other method of direction to perform. B.Requests for Assistance. When the public requests assistance or advice or makes complaints or reports, the employee shall gather all information in an official and courteous manner and shall judiciously act upon the situation consistent with prescribed procedures. C.Personal Appearance. All employees must maintain a neat and well groomed appearance, wearing any uniform or other apparel in accordance with the City’s dress code outlined in the Appendix. PROFESSIONAL CONDUCT A.Courtesy. Employees shall be courteous to the public and fellow employees. An employee’s conduct should always be civil, orderly, and courteous. Employees shall be diplomatic and tactful, controlling their temper and exercise patience and discretion in all situations. Employees should refrain from using coarse, violent, profane or insolent language. __________________________________________________________________________________________ Employee Relations Chapter Page 4 Standards of Conduct ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 B.Conduct Unbecoming or Prejudicial to Good Order. An employee’s conduct at all times, both on and off the job, shall reflect favorably on the employee and the City. Unbecoming conduct includes acts that tend to bring the City into disrepute, discredit the employee, or tend to impair the operation of the City or employee. C.Unprofessional Conduct. An employee shall at all times refrain from voicing or displaying any discriminatory attitude or prejudice concerning personal characteristics of another person. D.Immoral Conduct. An employee shall at all times maintain high standards of moral conduct in personal affairs and shall not be a participant in any incident involving moral corruption that may impair the employee’s ability to perform as a City employee or cause the City to be brought into disrepute. OTHER STANDARDS A.Identification. An employee must furnish their name, job title, and department name to any person requesting that information as a result of actions taken by the employee in the course of City business. Employees will be required to obtain an official, City-issued identification and have it available for inspection during business hours. B.Examinations and/or Tests. Upon order of the department director for matters related to duty performance and investigations authorized by law, an employee shall submit to any medical, chemical, drug, alcohol, ballistics, or other test, polygraph, fingerprinting, or counseling program, and shall sign any related authorization forms. C.Horseplay/Rough Play. No employee shall engage in horseplay or rough play while on the job or in any City facility. Injuries as a result of horseplay/rough play are not considered within the scope of employment and may not be covered under worker’s compensation. D.Fighting.An employee shall not engage in unnecessary violence or harassment toward any person, except where authorized by law, even in the event of provocation. E.Firearms and Lethal Weapons.Except for employees commissioned by the City of Milton as police officers, City employees are prohibited from possessing firearms while on duty or in any City facility or vehicle, regardless of whether the employee possesses a firearms license. F.Fraudulent Employment. No employee shall procure or maintain employment in the City by means of willful misrepresentation or omission of any fact concerning the employee’s personal history, qualifications for employment or physical condition. __________________________________________________________________________________________ Employee Relations Chapter Page 5 Discipline ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 DISCIPLINE POLICY STATEMENT The City of Milton believes that each employee wants to provide quality public service by meeting high standards of job performance and conduct and by following established policies, procedures, regulations, and practices. The primary purpose of disciplinary action is to correct or prevent the recurrence of employee performance or conduct that is detrimental to quality job performance or the interest of the citizenry, the employee, the City or other employees. The City’s discipline policies emphasize the employee’s responsibility for the consequences of their own behavior with a focus on communicating expectations for changes in behavior and needed improvement. When an employee’s conduct results in deficiencies in job performance or violations of law, City regulations or rules, it is the policy of the City to take appropriate action to improve and/or correct the conduct or performance or, if necessary, remove the employee from the City workforces through application of the standardized disciplinary options and procedures in this chapter. GENERAL PROVISIONS A.Level of Discipline. Disciplinary action will be consistent with the nature of the deficiency or infraction involved and with other relevant factors. In reaching a decision as to the level of discipline to be applied, the supervisor should consider such factors as the type and severity of the infraction, the results of the infraction, the employee’s work record, prior disciplinary actions, and any mitigating circumstances which may be relevant to the situation. B.Format & Location of Actions.All disciplinary action should be documented in writing. Disciplinary actions will be maintained as noted in the Discipline Options Chart included in this chapter. All appeals by employees must be in writing. All responses to and decisions on appeals must be in writing. C.Progressive Discipline. While it is expected that disciplinary action options be exercised progressively, the nature of the deficiency or violation in any particular situation may preclude the exercise of a less severe discipline option. D.Suspension of Exempt Employees. Except in the case of a major safety violation, any suspension of an exempt employee must be made in full week increments only. Major safety violation suspensions may be made in full day increments. __________________________________________________________________________________________ Employee Relations Chapter Page 6 Discipline ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 E.Disciplinary options. STEP USE RESPONSE / APPEAL Counseling An informal discussion between a supervisor and employee about the need to improve minor performance problems or as a reminder about violation of a minor rule that does not threaten the safety or the employee or others, or that does not involve honesty. Documents kept in the department No appeal Oral Reprimand An oral warning/instruction from the supervisor to the employee about the need to improve performance deficiencies or about violation of a rule that does not threaten the safety or the employee or others, or that does not involve honesty. Documents kept in the department No appeal Written Reprimand A written warning/admonishment from the supervisor to the employee about the need to improve performance or about a rule violation. Documents kept in Human Resources Employee has five days to appeal to the Department Director. Final decision rests with the Department Director Suspension Relief from duty for a specified amount of time. Requires coordination with Human Resources and the City Attorney. Documents kept in Human Resources Employee has five days to appeal to the Department Director. After the Department Director’s decision, the employee has five day to appeal to the City Manager. The final decision rests with the City Manager. Demotion Reduction in rank or classification consistent with deficiency of the violation. This is not an option for probationary employees. Requires coordination with Human Resources and the City Attorney. Documents kept in Human Resources Employee has five days to appeal to the Department Director. After the Department Director’s decision, the employee has five day to appeal to the City Manager. The final decision rests with the City Manager. Dismissal Involuntary separation of employee from City employment. Requires coordination with Human Resources and the City Attorney. Documents kept in Human Resources Employee has five days to appeal to the Department Director. After the Department Director’s decision, the employee has five day to appeal to the City Manager. The final decision rests with the City Manager. Probationary employees do not have appeal rights to dismissal. __________________________________________________________________________________________ Employee Relations Chapter Page 7 Grievances ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 GRIEVANCES POLICY STATEMENT The City of Milton is committed to providing the best possible working conditions for its employees. Part of this commitment is encouraging an open and frank atmosphere in which any problem, complaint, or question receives a timely response. The City strives to ensure fair and honest treatment of all employees. Supervisors, managers, and employees are expected to treat each other with mutual respect and are encouraged to offer positive and constructive criticism. If employees disagree with established rules of conduct, policies, or practice, they may express their concern through a grievance process. No employee shall be penalized, formally or informally, for voicing a complaint in a reasonable, professional manner using the grievance process. While a formal grievance process is in place, employees are encouraged to first informally discuss any issue with their immediate supervisor, Department or City management. GENERAL PROVISIONS A.Scope. The grievance procedure provides an avenue for any eligible employee to obtain management review of work-related issues that are felt to adversely affect the employee, for which no other means of response, review, appeal or resolution for is provided in this handbook. Grounds for submission of a grievance include: •Dissatisfaction with working environment; •Unfair application, interpretation or violation of City or department regulations; •Acts of retaliation as a result of utilization of the grievance process. B.Statement of Grievance. At each step in the process, the written grievance must include the following: •A statement of the grievance and the facts upon which it is based; •A description of the specific wrongful act and harm done to the grieving employee, and •A statement of the remedy or adjustment sought. GRIEVANCE STEPS A.Step One – Department Director.The employee should first seek to resolve the issue informally. If unable to do so, the employee should file a written grievance to the Human Resources Manager and the Department Director within five (5) working days of the incident or when the employee became knowledgeable of the incident. The Department Director will attempt to resolve the matter and submit a written response to the employee within five (5) __________________________________________________________________________________________ Employee Relations Chapter Page 8 Grievances ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 working days after receipt. B.Step Two –City Manager. If the Department Director is unable to resolve the grievance or the response is unacceptable to the employee, the employee must within five (5) working days of receiving the response, present the written grievance to the City Manager. Within ten (10) days of receipt of the grievance, the City Manager or their designee will investigate the grievance and respond in writing to the employee. The City Manager’s decision is final. __________________________________________________________________________________________ Employee Relations Chapter Page 9 Workplace Discrimination & Harassment ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 WORKPLACE DISCRIMINATION & HARASSMENT POLICY STATEMENT It is the policy of the City of Milton that harassment and discrimination of any kind will not be tolerated and complainants will be protected from reprisal. Employees and non-employees are encouraged to come forward confidentially to discuss any situation that they deem inappropriate. The City of Milton expressly prohibits any form of unlawful employee harassment based on race, color, religion, gender, sexual orientation, national origin, age, disability, or veteran status. Improper interference with the ability of City of Milton employees to perform their expected job duties is absolutely not tolerated. SEXUAL HARASSMENT A.Definition. The Equal Employment Opportunity Commission’s (EEOC’s) definition of sexual harassment as unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1.Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; 2.Submission to or rejection of such conduct by an individual is used as the basis for an employment decision, and 3.Such conduct has the purpose or effect to interfere with an individual’s work performance or creates a hostile or intimidating environment. B.Quid Pro Quo. Quid Pro Quo literally means “this for that” and exists when submission to, or rejection of, such conduct is used as a basis for employment decisions such as raises or promotions or affects public services. C.Hostile Environment. Hostile Environment includes any lewd sexual conduct, pictures, words, or touching that interferes with a person’s job performance or creates an intimidating, offensive working or public service environment even if there are no occurrences of tangible or economic loss. D.Prohibted Behavior. Behavior prohibited by this policy can include unwelcome sexual remarks or compliments, sexual jokes, sexual innuendo or propositions, sexually suggestive gestures or facial expressions, sexual remarks about a person’s clothing or body, exhibiting sexually explicit publications or materials, kissing, touching, and sexual contact. E.Other Unlawful Harassment. The EEOC’s definition of harassment is unlawful harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his/her race, color, religion, gender, national origin, age, sexual preference or disability, or that of his/her relatives, __________________________________________________________________________________________ Employee Relations Chapter Page 10 Workplace Discrimination & Harassment ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 friends, or employees, and that 1.has the purpose or effect of creating an intimidating, hostile, or offensive working environment; 2.the purpose or effect of unreasonably interfering with an individual’s work performance; or 3.otherwise adversely affects an individual’s employment opportunities. F.Complaint Procedure and Investigation. If you feel that this policy has been violated, regardless of whether it is by a fellow worker, a supervisor, or a member of the general public, you should report the incident(s) immediately to their department director and the Human Resources Manager. If the Human Resources Manager is involved in the behavior, the report should be made to the Director of Operations. Any supervisor who receives a complaint related to harassing or offensive behavior or who has reason to believe that such behavior is occurring shall report these concerns to the Human Resources Manager or to the Director of Operations. All reports of harassing or offensive behavior will be investigated promptly, fairly and discreetly. Investigatory procedures may vary from case to case depending upon the circumstances. The investigation will be conducted as confidentially as possible. All employees have a responsibility both to cooperate fully with the investigation and to keep the matter confidential whether the employee is the accused person, the complainant or merely a potential witness. Persons who are interviewed are prohibited from discussing the matter with co-workers, friends or management. The City will keep the information it gathers as confidential as possible, consistent with state and federal laws and the needs of the investigation. G. Corrective Action. If management concludes that a complaint of harassment has merit, appropriate action will be taken. Resolutions can include, but not necessarily be limited to, an apology, a transfer, direction to stop the offensive behavior, counseling or training, verbal or written warning, suspension with or without pay or termination. In the event that harassment or offensive behavior reoccurs, it should immediately be reported to the Human Resources Manager or to the Director of Operations. Employees may be subject to disciplinary action up to and including termination. Non-employees may be reported to the appropriate law enforcement agency and/or barred from the premises. __________________________________________________________________________________________ Employee Relations Chapter Page 11 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING POLICY STATEMENT The City, as a condition of consideration for initial and continued employment, prohibits employees from reporting to work or performing their duties with any unlawful drug or alcohol in their systems. Employees are also prohibited from using, possessing, manufacturing, distributing, or making arrangements to distribute unlawful drugs or alcohol while at work, off site at training or meetings, on City or customer property (including in personal vehicles onsite), during lunch or breaks, or in City vehicles. Further, the City prohibits all unlawful drug use, possession, or distribution, whether on or off duty. If possession of an illegible substance is necessary in the course of a police investigation, the Public Safety Director may grant a waiver to this policy for a finite period of time. A.Application.To enforce this policy, the City may, at any time where lawful, require as a condition of employment and/or continued employment, any employee to submit to a physical examination and/or urine, breath, blood or other type of test to determine the presence of drugs or alcohol in his or her system. The possible occasions for drug and alcohol testing include, but are not limited to: 1.When the City has a reasonable suspicion that an employee has violated the Drug & Alcohol Policy; 2.When an employee suffers an on-the-job reportable injury or is involved in an accident; 3.When an employee seeks a transfer or promotion, or returns from a suspension or a leave of absence; or 4.As part of any random program of testing which the City may implement. The City may conduct substance testing where the City has reasonable suspicion that the employee has violated the drug or alcohol policy, including accidents suggesting carelessness, disregard of safety rules or other conduct indicating possible violation of the Drug and Alcohol Policy. The City may also conduct random substance abuse testing. B. Violation. Violation of these rules will result in discipline, including immediate discharge of current employees or disqualification of an applicant. Violations include, but may not be limited to: 1.A test indicating being under the influence of alcohol or the presence of unlawfully used drugs in an employee’s system; 2.Refusal to cooperate with the City in any test, search or investigation, or failure to execute any paperwork or consent forms necessary for examinations or tests; 3.Possession of, distribution of, or consumption of unlawful or abused drugs, unauthorized alcohol, or drug paraphernalia; 4.Tampering with or adulterating a test sample; or 5.Unlawful conduct on or off duty. __________________________________________________________________________________________ Employee Relations Chapter Page 12 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 C.Refusal to Submit. Employees who refuse to submit to a test or test positive for alcohol or unlawful drugs may be disqualified for unemployment compensation benefits. Employees who refuse to submit to a test, or test positive for alcohol or unlawful drugs following a workplace injury may be disqualified for workers compensation benefits. D.Prescription Medication. Although the proper use of medication is not prohibited, employees should consult with their supervisor when he or she is legitimately taking medication that he or she has reason to believe may affect safety or performance. Any prescription medication brought onto City or customer property or taken aboard City vehicles must be retained in its original container labeled with the names of the employee and the prescribing physician. No employee may take another person’s medication. The law treats the abuse of prescription medication as unlawful drug use. E.Random Testing. Because of the safety sensitive nature of the work performed at The City of Milton, all employees will be subject to unannounced random testing for the presence of drugs and alcohol. To facilitate such testing, associates’ identifying data is placed in a testing pool from which a scientifically random selection is made every employee has an equal chance of being chosen for testing every time a random selection is drawn. This selection will be facilitated and monitored by the City’s occupational medicine provider. The dates of testing will be unannounced and will be reasonably spread throughout the calendar year. Human Resources will notify the supervisor or director when an employee has been selected through the random process. The employee will report to the testing facility taking with them the Chain of Custody Form. The supervisor or director is not to inform the associate that he or she has been chosen for the test until immediately prior to the time the employee is given their notice. Employees are allowed to continue working pending the results of the test. If the testing facility notifies City that the employee has produced a confirmed positive sample, Human Resources will contact the appropriate director with the results. All information received by the City of Milton as a result of any testing procedure is considered confidential but may be entered into evidence or disclosed in any civil or administrative proceedings when the information is relevant to The City of Milton’s defense. F.Searches. The City of Milton reserves the right to conduct searches of property, vehicles, or equipment owned or being operated by the City at any time or place. The City of Milton also reserves the right to conduct searches on company property of associates and/or personal property when, in The City’s view, there is a reasonable suspicion that an employee is buying, selling, transporting, or __________________________________________________________________________________________ Employee Relations Chapter Page 13 Substance Abuse and Drug and Alcohol Testing ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 otherwise in possession of intoxicants or controlled substances on The City’s property or during working time. A refusal to submit to, or cooperate with, a search may result in immediate discipline, including discharge. G.Employee Assistance Program. The City of Milton has an EAP to help employees who have a drug or alcohol problem. Employees who have alcohol or drug dependency problems or believe they may have such problems are encouraged to contact a Supervisor, Human Resources, or EAP directly for assistance under the program.When the Supervisor or Human Resources is made aware of the problem, the associate will receive a mandatory EAP referral. Although The City will support voluntary treatment efforts for associates with drug and alcohol dependency problems, it is the employee’s responsibility to pursue treatment before dependency problems result in violations of this policy. When an employee voluntarily reports that he/she has a drug or alcohol dependency problem and seeks assistance, that employee will be placed on sick leave to allow for in-patient or out-patient rehabilitation treatment in accordance with applicable employment policies.The employee will not be permitted to work until such time as a competent medical authority, approved by The City, has certified that the employee has controlled the problem, is fit for duty, and is able to safely perform the job assignment. To protect his/her position with The City of Milton, an employee seeking assistance must agree to comply with the mandatory EAP referral provisions. Failure to do so may result in discharge. The employee is responsible for paying the cost of the rehabilitation program. The employee may be able to use existing leave and medical benefits provided under the employment policies applicable to the associate at the time. ____________________________________________________________________________________________________________________ Nothing in this manual is to be construed to create a contr act between the City and its employees. Any benefit, rule, or provision provided in this handbook may be modified or withdrawn at any time without notice, except as provided by federal or state law. ____________________________________________________________________________________________________________________ City of Milton, Georgia Personnel Handbook (rev) 9/07 A City of Milton 13000 Odeid Parkway, Suite 107. Milton. Georgia 30004 ClTY COUNCIL AGENDA ITEM TO: City Council DATE: October 10,2007 FROM: Interim City Manager AGENDA IfEM: Approval of a Telecomunications Ordinance. MEETING DATE: Thursday, October 18,2007Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: t$APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES (1 NO CITY ATTORNEY REVIEW REQUIRED kQ YES i' 0 NO APPROVAL BY ClTYATTORNEY I)APPROVED $) NOTAPPROVEo PLACED ON AGENDA FOR: REMARKS: IG 1% (27 City of Milton 1300 Deerfield Parkway, Suite 107 Milton, Georgia 30004 To:Honorable Mayor and City Council Members From:Chris Lagerbloom, Interim City Manager Date:October, 10, 2007 for Submission on the October 18, 2007 City Council Agenda Agenda Item:An Ordinance Regulating the Location, Placement, and Leasing of Wireless Telecommunications Facilities. CMO (City Manager’s Office) Recommendation: Approve the attached ordinance for the establishment of siting guidelines for all wireless communications towers and antennas by encouraging the development of wireless communications while protecting the general health, safety, and welfare of the public in addition to maintaining the aesthetic integrity of the neighboring communities in the future placement of these facilities. The approval of this ordinance will supersede article 19.4.7 of the City of Milton Zoning Ordinance. Background: The Milton City Council recently directed staff to evaluate a telecommunications ordinance for the city which would minimize the visual impact of proposed vertical telecommunications tower structures and employed modern-day technological advances to integrate these federally regulated communications facilities within the rural context of the new municipality, as appropriate. Wireless telecommunication towers have been approved in the past under the Fulton County Board of Commissioner’s jurisdiction as use permits in Chapter 19 of the county’s Zoning Code. The Milton City Council has requested additional performance requirements for the review of wireless telecommunications towers and suggested a stand-alone ordinance as the best avenue to pursue this initiative. Pursuant to Section 704 (a) of the Federal Telecommunications Policy Act of 1996 the ability for local governments to regulate policy specific to wireless telecommunication facilities is rather limited though having a comprehensively developed ordinance that provides reasonable accommodations for these modern-day technologies will place the city in a good position to defend aggressive measures to install visually intrusive telecommunication towers through the municipal landscape. Discussion: The City of Milton staff’s effort to continue to create ordinances which will promote the agrarian context of the new city has carefully researched wireless telecommunications facility ordinances around the region, in order to develop the proposed plan for public review and consideration. Developing this ordinance will help insure that new wireless telecommunications facilities are integrated into the natural fabric of the surrounding community and are designed in an aesthetically pleasurable manner, where applicable. City of Milton 1300 Deerfield Parkway, Suite 107 Milton, Georgia 30004 The ordinance promotes the co-location of new cellular service providers on existing structures, in an effort to minimize the need for additional vertical structures to be placed in greenfield areas of the city. The ordinance also considers encouraging wireless telecommunications towers within municipal properties when it is determined that service delivery is lacking by the provider. The revenues from the telecommunication facility franchise fees would serve the City of Milton tax base. The ordinance does place the burden of proof on the wireless telecommunication providers to supply professional engineering analysis that validates the need for new facility locations to be installed in areas where service delivery is proposed to be limited. The ordinance also encourages the utilization of “stealth” technological design options where the appearance of the telecommunications facility is not outwardly apparent to the public at first glance or can be retrofitted into existing community-based structures as an effective alternative, whenever possible. Alternatives: N/A Concurrent Review: Tom Wilson, Community Development Director Mike Tuller, AICP, Community Development Deputy Director ORDINANCE NO. 2007-______ STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE REGULATING THE LOCATION, PLACEMENT AND LEASING OF WIRELESS TELECOMMUNICATIONS FACILITIES Section 1: Purpose and Intent. The purpose of this Ordinance is to establish guidelines for the siting of all wireless communications towers and antennas which will encourage the development of wireless communications while protecting the health, safety, and welfare of the public and maintaining the aesthetic integrity of the community. The goals of this ordinance are: (a) To protect residential areas and land uses from potential adverse impact of telecommunications towers, antenna support structures and wireless communications facilities; (b) To minimize the total number of towers and antennas within the community necessary to provide adequate personal wireless services to residents of Milton; (c) To locate telecommunications towers and antennas in areas where adverse impacts on the community are minimized; (d) To encourage the design and construction of towers and antennas to minimize adverse visual impacts; (e) To avoid potential damage to property caused by wireless communications facilities by insuring that such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or when determined to be structurally unsound; (f) To preserve those areas of significant scenic or historic merit; (g) To facilitate implementation of a master siting Plan for the City of Milton; (h) To promote and encourage the joint use of new and existing tower sites among service providers; (i) To enhance the ability of the providers of wireless communications services to deliver such services to the community effectively and efficiently. (j) To supersede article 19.4.7 of the City of Milton Zoning Ordinance. Section 2:Severability If any word, phrase, sentence, part, section, subsection, or other portion of this Ordinance or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the prescribed Application thereof, shall be severable, and the remaining provisions of this Ordinance, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect. Section 3: Definitions For the purposes of this Ordinance, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory, and not merely directory. As used in this Ordinance, the following terms shall have the meanings ascribed below: Abandonment - The intent to abandon or discontinue operations as evidenced by voluntary conduct or failure to use a wireless telecommunications facility for a period of six months or more. Accessory Facility or Structure - Means an accessory facility or structure serving or being used in conjunction with the wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including but not limited to: utility or transmission equipment storage equipment storage sheds or cabinets. Accessory Use – A tower and/or antenna is considered a principal use if located on any lot or parcel of land as the sole or primary structure, and is considered an accessory use if located on a lot or parcel shared with a different existing primary use or existing structure. Alternative tower structure - Means man-made trees, clock towers, bell steeples, light poles and similar alternative-design structures, that in the opinion of the City Council, are compatible with the natural setting and surrounding structures, and effectively camouflage or conceal the presence of antennas or towers. Antenna - Means a system of electrical conductors that transmit and/or receive electromagnetic waves or radio frequency or other wireless signals. Such shall include, but not be limited to radio, television, cellular, paging, Personal Telecommunications Services (PSC), microwave telecommunications and services not licensed by the FCC, but not expressly exempt from the City’s siting, building and permitting authority. 2 Antenna Array - means a single set or group of antennas and their associated mounting hardware, transmission lines or other appurtenances which share a common attachment device such as a mounting frame or mounting support. Applicant - means a person or entity submitting an application for a special use permit for a wireless telecommunications facility. including the property owner, antenna support structure owner, and any proposed tenants for the facility. Attached Wireless Telecommunications Facility - means an antenna or antenna array that is secured to an existing building or structure (except an antenna support structure) with any accompanying pole or device which attaches it to the building or structure, together with transmission cables, and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure. An attached wireless telecommunications facility is considered to be an accessory use to the existing principal use on a site. Co-location - means a situation in which two or more wireless personal service providers place a wireless telecommunications antenna or antennas and feed lines on a common antenna support structure or other structure on which there is an existing antenna array. Concealed - means a wireless telecommunications facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure, to include antennas, ancillary structures, and utilities. Directional antenna - means an antenna or array of antennas designed to concentrate a radio signal in a particular area. Effective radio power (ERP) - The product of the antenna power input and the numerically equal antenna power gain. FAA - means the Federal Aviation Administration. FCC - means the Federal Communications Commission. Guy tower - means a tower supported, in whole or in part, by guy wires and ground anchors. Height - See Structure Height Historic or Scenic Views -means geographic areas in Milton which have been formally designated as part of any Historic District; have been included in any nature preserve or scenic preservation efforts; or have sufficient historic or scenic merit as determined by the City Council and the Historic Preservation Commission so as to require preservation. A scenic view may vary from a stationary viewpoint or be seen as one travels along a roadway or path, and as having historic and/or architectural significance through an ordinance, guideline, map, listing or designation by a local, state or federal government. 3 Lattice tower - means a guyed or self-supporting, open frame structure that has three or four sides used to support telecommunications equipment. Low power mobile radio service telecommunications facility - means an unmanned facility which consists of equipment for the reception, switching and transmission of low power mobile radio service communications. Such facilities may be elevated, either building-mounted or ground mounted; transmitting and receiving antennas; low power mobile radio service base equipment; or interconnection equipment. The facility types include: roof and/or building mounted facilities, freestanding low power mobile radio service facilities, and micro-cell or repeater facilities. Low power telecommunications facility - means an unmanned facility consisting of equipment for the reception, switching and/or receiving of wireless telecommunications operating at 1,000 watts or less effective radiated power (ERP), including but limited to the following: a.Point-to-point microwave signals. b.Signals through FM radio transmitters. c.Signals through FM radio boosters under 10 watts ERP. d.Cellular, Enhanced Specialized Mobile Radio (ESMR), paging services and Personal Communications Networks (PCN). e.Private, low power mobile radio services which include industrial, land transportation, emergency public safety and government, automatic vehicle monitoring, personal mobile (CB’s) and HAM operators. Low power telecommunications facility accessory building - means an unmanned building used to house equipment related to a communications facility. Low power commercial radio mobile network - means a system of low power commercial telecommunications facilities which allows wireless conversation to occur from site to site. Master Siting Plan - refers to the siting map developed by staff and approved by City Council to identify appropriate sites for the location of wireless transmission facilities as may be amended from time to time. Such map may be derived from propriety information submitted by wireless providers. Micro-cell - means a low power mobile radio service telecommunications facility used to provide increased capacity in high call-demand areas or to improve coverage to weak areas. Micro-cells communicate with the primary low power mobile radio service facility in a coverage area via fiber optic cable or microwave. The typical coverage area for a micro-cell is a one-mile radius or less. Microwave antenna - means a dish-like antenna used to link communications sites by wireless transmission of voice or data. Monopole - means a cylindrical self-supporting i.e. not supported by Guy Wires, communications tower constructed of a single spire, used to support telecommunications equipment. 4 Omni-directional antenna - means an antenna that is equally effective in all directions, the size of which varies depending on the frequency and gain for which it is designed. Planning and Zoning - See Community Development. Planning Commission - means the Planning & Zoning Commission of the City of Milton, Georgia. Preexisting Towers and Preexisting Antennae mean any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. Repeater - means a low power mobile radio service telecommunications facility used to extend coverage of cell areas to areas not covered by the originating facility. Roof and/or building-mounted telecommunications facility - means a low power mobile radio service telecommunications facility in which antennas are supported entirely by a building other than a building accessory to a telecommunications facility. Such facilities may include micro-cell and/or repeater facilities. Screening - The use of design, existing buildings and structures, existing and proposed vegetation and color to obscure a wireless telecommunications facility. Separation -The vertical distance between one carrier’s antenna array and the antenna array of another carrier. Sectorized panel antennas - means an array of antennas, usually rectangular in shape, used to transmit and receive telecommunications signals. Siting - The method and form of placement of a wireless telecommunications facility on a specific area of a property. Structure Height - means the distance measured vertically from the average ground elevation adjacent to the structure being measured to the highest point when positioned for operation. The height of a tower includes the height of any antenna positioned for operation attached to the highest point on the tower. Technically Feasible and Viable means capable of being provided through technology which has been demonstrated in actual applications (not simply through tests or experiments) to operate in a workable manner. 5 Telecommunications Facility - means a telecommunications tower, monopole tower, antenna or any and all buildings, structures, or other supporting equipment used in connection with a telecommunications tower, monopole tower, or antenna. Source: www.cdc.gov/niosh Tower - means any structure designed primarily for the purpose of supporting one or more antennas used for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication, including self- supporting lattice towers, guy towers or monopole towers constructed as a free-standing structure or in association with a building or other permanent structure. Towers include radio and television transmission towers, microwave towers, common-carrier towers, cellular and digital telephone towers, alternative tower structures, and the like. Whip antenna - means an antenna that is cylindrical in shape. Whip antennas can be directional or omni-directional; size varies with the frequency and gain for which they are designed. Wireless Telecommunications Facility (WTF) - A staffed or unstaffed commercial facility for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or groups of antennas, transmission cables and equipment enclosures, and may include an antenna support structure. The following non-exclusive list shall 6 be considered a wireless telecommunications facility: new and existing antenna support structures, replacement antenna support structures, collocations on existing antenna support structures, attached wireless telecommunications facilities and concealed wireless telecommunications facilities. Also see Telecommunications Facility WTF - See Wireless Telecommunications Facility. Section 4: Applicability. All new wireless towers and antennas shall be subject to the regulations contained within this article except as provided in subsections a-c, inclusive: (a) Public Property. Nothing in this article shall be read to prohibit a government owned tower from being located at a specific site when the tower is required to protect the public welfare or safety. (b) Amateur Radio; Receive-Only Antennas. This ordinance shall not govern any amateur radio tower, or the installation of any antenna, that is under sixty (60) feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas. (c) Pre-Existing Towers and Antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this ordinance shall not be required to meet the provisions of this ordinance, other than the requirements of Section 7. Any such towers or antennae shall be referred to in this ordinance as "preexisting towers” or “preexisting antennae.” However, in the event a preexisting tower or antennae ceases to function, then the subject tower, antennae and related equipment shall be removed from the subject property within ninety (90) days. Section 5:General Requirements. (a) An application shall be required for the construction or placement of all new wireless transmission facilities and new co-location facilities, antennas or towers within the City limits. Approval of any application for the construction of a tower or placement of an antenna shall be based on consideration of the following factors: (1) Proximity to residential structures and residential district boundaries; (2) The proposed height of the tower; (3) Nature of uses on adjacent properties; (4) Surrounding topography, tree coverage and foliage; (5) Design of the facility, with particular reference to design characteristics which have the effect of reducing or eliminating visual obtrusiveness; 7 (6) Proposed ingress and egress; (7) Availability of suitable existing towers, other structures, or alternative technologies (microcells) not requiring the use of towers or structures. (8) Demonstrated need for the telecommunications facility at the specified site. (9) Utilization of the City of Milton Master Siting Plan, as amended. (b) All applications submitted to the Community Development Department shall include a complete inventory of the applicant’s existing wireless transmission facilities including towers and receivers/transmitters located within the City of Milton or a one-half mile radius surrounding the city limits, including each asset’s location (plane coordinates), height and co-location usage or capabilities, and any special design features. The City shall utilize such information, subject to any restrictions on disclosure requested by the applicant, to promote co-location alternatives for other applicants. (c) At the time of filing the application for construction or placement of a wireless transmission facility, the applicant shall provide a site plan and information regarding tower or accessory structure location, neighboring uses and proposed landscaping as described below. Additional documentation to be submitted with the site plan and certified by an experienced radio frequency engineer shall delineate coverage and propagation zones, identify type of antenna and mounting location, specify type of band currently in use, and state co-location capabilities. (1) The scaled site plan shall clearly indicate the location, type and height of the proposed tower or accessory structure to be utilized, on-site land uses and zoning, adjacent land uses and zoning including proximity to historic or scenic view corridors, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, accessory structure and any other structures, topography, parking, and other information deemed necessary by the Community Development Director to assess compliance with this ordinance. (2) Legal description of the parent tract and leased parcel (if applicable). (3) A study including a definition of the area of coverage and radio frequency goals to be served by the antenna or tower and the extent to which such antenna or tower is needed for coverage and/or capacity. A professional engineer stamp shall also be required for the study. (4) The setback distance between the proposed wireless transmission facility and the nearest residential unit or residentially used structure. (5) Structural integrity analysis where antennas and equipment will be attached to an existing structure 8 (6) Landscaping shall be designed in such a way as to preserve existing mature growth and to provide in the determination of the Design Review Board, a suitable buffer of plant materials that mitigates the view of the telecommunications facility and accessory structures from surrounding property. (d) Each application shall be accompanied by a fee of one thousand dollars ($1000.00) to offset the costs associated with processing such application. In addition, applicants shall be responsible for independent engineering costs incurred by the City which exceed such fee up to an additional two thousand dollars ($2,000.00), if requested by the City. The applicant shall be responsible for additional fees throughout the process as described further within this ordinance. All fees are subject to change as amended by the Mayor and City Council by resolution. (e) Landscaping plans and the design and placement of the wireless transmission facility on an approved site shall require review and approval of the appropriate Overlay District Design Review Board prior to issuance of a building permit to insure architectural and aesthetic compatibility with the surrounding area. (f) Prior to issuance of a building permit, compliance with Section 106 of the National Historic Preservation Act, 16 U.S.C. § 461 et. seq. shall be demonstrated. (g) In approving any application, the Director of Community Development, applicable Design Review Board, or Council may impose additional conditions to the extent determined necessary to minimize adverse effects on adjoining properties. Section 6:Development Requirements for Towers. (a) Towers may be located only in the following zoning districts subject to the restrictions and standards contained herein: O-I Office and Institutional District C-1 or C-2 Commercial District M-1, M-2 or M-1A Industrial District AG-1 Agricultural District A or AL Apartment District or Apartments Limited (b) No new wireless transmission facilities shall be located within 2500 feet of any preexisting wireless transmission site unless such new facility is concealed through use of alternative tower structures or is otherwise camouflaged, and a variance is granted by the Zoning Board of Appeals of the City of Milton. (c) All applicants seeking to erect a tower must demonstrate that no existing tower or structure can accommodate the proposed antenna(s). Evidence of an engineering nature shall be documented by the submission of a certification by an engineer. Such evidence may consist of the following: 9 1. No existing towers or structures are located within the geographic area required to meet applicant’s engineering requirements. 2. No existing structure is of sufficient height to meet the applicant’s engineering requirements. 3. No existing tower or structure has sufficient structural strength to support applicant’s proposed antenna(s) and related equipment. 4. Applicant’s proposed antenna(s) would cause electromagnetic interference with the antenna(s) on the existing tower or structure. 5. Such other limiting factor(s) as may be demonstrated by the applicant and verified by an engineer of the City's choosing. (d) Setbacks: Setbacks for towers and above-ground transmission facilities shall be as follows: 1. All transmission facilities, except buried portions, shall be set back from all adjoining properties zoned non-residential a distance equal to the underlying setback requirement in the applicable zoning district. 2. When a tower is adjacent to a residential use or residential zoning, the tower and entire transmission facility must be set back from the nearest residential lot line a distance equal to the height of the tower. (e) Unless otherwise specified by Community Development Staff and the Design Review board, towers and above ground equipment shelters shall be enclosed by vinyl clad chain link security fencing not less than 6 feet in height and shall be equipped with an appropriate anti- climbing device. Said fencing shall be surrounded by a minimum 10-foot wide landscape strip planted to buffer standards unless the City of Milton Arborist determines that existing plant materials are adequate. (f) All new towers in excess of 100 feet which do not incorporate alternative design features must be designed and built in a manner that allows other entities to co-locate on the structure using the following guidelines: MAXIMUM TELECOMMUNICATIONS TOWER HEIGHTS Zoning District Two Users Three Users Four Users O-I 120’ 150’ 180’ C-1/C-2/M-1/M-1A/ M-2/A/AL/AG-1 120’ 150’ 150’ 10 (g) All towers and their related structures shall maximize the use of building materials, colors, textures, screening and landscaping that, in the opinion of the Design Review Board and staff, effectively blend the tower facilities within the surrounding natural setting and built environment. Where appropriate, towers shall be painted so as to reduce their visual obtrusiveness, subject to any applicable standards of the Federal Aviation Administration (FAA). (h) Roof top antennas and associated structures shall not project more than 10 feet above roof lines. (i) The structure shall comply with applicable state and local statutes and ordinances, including, but not limited to, building and safety codes. Structures which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances. (j) Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA). (k) Structures shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties, according to applicable Federal Standards which may be amended from time to time. (l) Structures shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising. (m) A telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner’s expense. It shall be the duty of both the property owner and the tower owner to notify the city in writing of any intent to abandon the use of the tower. (n) Communication facilities shall not be located in 100-year flood plain or delineated wetlands. (o) All guy wires must be anchored on site and outside of right-of-way and outside minimum building setback. (p) Structures not requiring FAA painting/marking shall have either a galvanized finish or be painted a dull blue, green, gray, or black finish. Section 7: Approval Process. (a) Subject to certification by the Director of Community Development of compliance with the general requirements and standards enumerated herein and with the consent of Council, the following uses are subject to expedited approval, which shall be defined as approval within sixty (60) days of receiving applications, supporting engineering certifications and lease approval, if any, without the necessity of public hearing: 11 1.Antennas or towers located on property owned, leased, or otherwise controlled by the City of Milton provided accessory structures are located underground, where technically feasible, and a license, permit or lease authorizing such tower is thereafter approved by City of Milton. 2.Installing an antenna on an existing structure, so long as said installation is considered to be a stealth technology installation that does not significantly change the profile of the existing structure and so that the installation is not readily noticeable to the untrained eye.Such installations including cables leading to the antennas shall be painted to match the paint and colors on the existing structure and shall not protrude from the existing structure in a noticeable fashion. 3.Co-location by installing an antenna on any existing tower or alternative tower structure. 4.Replacing an existing tower with a new tower designed to accommodate two or more users so long as such new tower does not exceed the height limitations of section 5 (f) above and setback requirements of this ordinance are met. After the replacement tower is built, only one tower shall remain on such site. Support equipment shall, where technically feasible, be located underground. 5. Locating any alternative tower structures provided accessory structures are located underground, where technically feasible, or otherwise incorporated into the alternative structure. 6 Installing any antenna or tower not to exceed the limitations contained in section 5(f) in any area zoned M-1, M-1A, M-2, A, AL, AG-1, C-1 or C-2 and provided accessory structures are located underground, where technically feasible, or shielded to the satisfaction of the Design Review Board. 7 Installing any antenna or tower in a location identified on the City of Milton Master Siting Plan, as amended, provided accessory structures are located underground where technically feasible, or shielded to the satisfaction of the Design Review Board. If the City Council determines that any application does not meet the general application requirements, development requirements and/or standards enumerated herein, or such application conflicts with the Master Siting Plan, approval of the application shall be denied provided substantial evidence exists to support such denial. Any aggrieved party may appeal the denial to the Fulton County Superior Court. For purposes of this section, an aggrieved party is one who demonstrates that his or her property will suffer special damage as a result of the decision complained of rather than merely some damage that is common to all property owners and citizens similarly situated. 12 (b)If the proposed tower or antenna is not included under the above described expedited approval uses, or the application does not on its face satisfy the development standards and other criteria specified herein, then a public hearing before the Mayor and Council shall be required for the approval of the construction of a wireless transmission facility in all zoning districts. Applicants shall apply for a public hearing through the Community Development Department and pay the required five hundred dollar ($500.00) fee at such time. Applications, when complete, shall be placed on the next available agenda of the Mayor and Council at which zoning matters are considered. At least thirty (30) days prior to any scheduled hearing, the Community Development Department shall cause a sign to be posted on the property and the publication of a public notice in a newspaper of general circulation. Said notice shall state the nature of the application, street location of the proposal and height of the proposed structure. Before approving an application, the governing authority may impose conditions to the extent necessary to buffer or otherwise minimize any adverse effect of the proposed tower on adjoining properties. The factors considered in granting such a permit include those enumerated in Sections 4 and 5 above. The Mayor and Council may waive one or more of these criteria, if, in their discretion doing so will advance the goals of this article as stated in Section 2 above. Approved applications shall be valid for one (1) year from the date of the approval by the Mayor and Council. Section 8: Maintenance of Facilities. (a) All wireless transmission facilities and related landscaping shall be maintained by the facility owner in good condition, order, and repair so that they shall not endanger the life or property of any person, nor shall they be a blight upon the property as determined by the Community Development Director. (b) All maintenance or construction on wireless transmission facilities shall be performed by persons employed by or under contract to the owner between the hours of 8:30 a.m. and 5:30 p.m. Monday through Friday except in cases of emergency or when an after-hours permit is obtained pursuant to the City of Milton Noise Ordinance. Access to facilities on City owned property shall be determined on a case-by-case basis by the department responsible for such property. The hours of access to City sites shall not exceed those specified above. Persons may not be present on site unless performing construction or maintenance at such site. (c) The owner or user of any telecommunications facility shall be required to submit a “Facility in Use Certification” annually to the Community Development Department. Any antenna or tower that is not operated for a continuous period of twelve (12) months or is not properly maintained shall be considered abandoned, and the owner of such antenna or tower shall remove same and any structures housing supporting equipment within ninety (90) days of receipt of notice from the governing authority of such abandonment. If such antenna or tower is not removed or returned to good condition within said ninety (90) days, the governing authority may remove such antenna or tower at the owner’s expense and a lien shall be placed upon the property. 13 Section 9: Waiver of Requirements. No exception, waiver or variance to the conditions and requirements contained herein shall be granted unless expressly provided for in this ordinance, or the Mayor and Council find that the proposed tower or wireless transmission facility is necessary and essential to providing the wireless service. Section 10: Facilities Lease. The City Council may approve facilities leases for the location of wireless transmission facilities and other telecommunications facilities upon City owned property. Neither this section, nor any other provision of this article shall be construed to create an entitlement or vested right in any person or entity of any type. Section 11: Lease Application. Any person that desires to solicit the City's approval of a facilities lease pursuant to this Article shall file a lease proposal with the City’s Community Development Department which, in addition to the information required by Section 4, shall include the following: a.A description of the wireless transmission facilities or other equipment proposed to be located upon City property; b.A description of the City property upon which the applicant proposes to locate wireless transmission facilities or other equipment; c.Preliminary plans and specifications in sufficient detail to identify: 1)The location(s) of existing wireless transmission or telecommunications facilities or other equipment upon the City property, whether publicly or privately owned. 2)The location and source of electric and other utilities required for the installation and operation of the proposed facilities. d.Accurate scaled conceptual drawings and diagrams of sufficient specificity to analyze the aesthetic impacts of the proposed wireless transmission facilities or other equipment; e.Whether the applicant intends to provide cable service, video dial tone service or other video programming service from the facility, and sufficient information to determine whether such service is subject to cable franchising; f.An accurate map showing the location of any wireless transmission or telecommunications facilities in the City that applicant intends to use or lease; 14 g.A landscaping bond in an amount to be determined by the city arborist; h.Such other and further information as may be requested by the City; and i.An application fee for lease negotiation in the amount of $250.00. Section 12: Determination by the City. Recognizing that the City is under no obligation to grant a facilities lease for the use of City property, the City shall strive to consider and take action on applications for facilities leases within 60 days after receiving a complete application for such a lease. When such action is taken, the City shall issue a written determination granting or denying the lease in whole or in part, applying the standards set forth below, or any other such criteria as the Mayor and City Council may choose to apply. If the lease application is denied, the determination shall include the reason for denial following review of these factors: a.The capacity of the City property and public right-of-ways to accommodate the applicant's proposed facilities. b.The capacity of the City property and public right-of-ways to accommodate additional utility and wireless transmission or telecommunications facilities if the lease is granted. c.The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the lease is granted. d.The public interest in minimizing the cost and disruption of construction upon City property and within the public ways. e.The service that applicant will provide to the community and region. The effect, if any, on public health, safety, and welfare if the lease requested is approved. The availability of alternate locations for the proposed facilities. f.Whether the applicant is in compliance with applicable federal and state telecommunications laws, regulations and policies, including, but not limited to, the registration requirements administered by the Georgia Public Service Commission. g.The potential of radio frequency and other interference with existing public and private telecommunications or other facilities located upon the City property. h.The potential for radio frequency and other interference or impact upon residential, commercial, and other uses located within the vicinity of the City property. 15 i.Recommendations of the Public Works Department with respect to maintenance and security of water towers. j.Such other factors, such as aesthetics,as those factors may impact the community. k.The maximization of co-location opportunities with other similar uses. Section 13: Agreement. No facilities lease shall be deemed to have been granted hereunder until the applicant and the City have executed a written agreement setting forth the particular terms and provisions under which the lessee has been granted the right to occupy and use the City property. Section 14: Nonexclusive Lease. No facilities lease granted under this Article shall confer any exclusive right, privilege, license, or franchise to occupy or use City property for delivery of telecommunications services or any other purposes nor shall approval of a lease entitle the applicant to a permit to construct or place a wireless transmission facility. Section 15: Term of Facilities Lease. Unless otherwise specified in a lease agreement, a facilities lease granted hereunder shall be valid for a term of up to five (5) years, with the lessee granted a maximum of three (3) five (5) year renewal options which options shall also be subject to approval of Council. The term of any such agreement shall not exceed twenty (20) years. Section 16: Rights Granted. No facilities lease granted under this Article shall convey any right, title or interest in the City property, but shall be deemed a license only to use and occupy the City property for the limited purposes and term stated in the lease agreement. Further, no facilities lease shall be construed as any warranty of title. Section 17: Interference with Other Users. No facilities lease shall be granted under this Article unless it contains a provision which is substantially similar to the following: The City has previously entered into leases with other tenants for their equipment and wireless transmission facilities. Lessee acknowledges that the City is also leasing the City property for the purposes of transmitting and receiving telecommunication signals from the City property. The City, however, is not in any way responsible or liable for any interference with lessee's use of the City property which may be caused by the use and operation of any other tenant's equipment, even if caused by new technology. In the event that any other tenant's activities interfere with the lessee's use of the City property, and the lessee cannot work out this interference with the other 16 tenants, the lessee may, upon 30 days notice to the City, terminate this lease and restore the City property to its original condition, reasonable wear and tear excepted. The lessee shall cooperate with all other tenants to identify the causes of and work towards the resolution of any electronic interference problem. In addition, the lessee agrees to eliminate any radio or television interference caused to City-owned facilities or surrounding residences at lessee's own expense and without installation of extra filters on City-owned equipment. Lessee further agrees to accept such interference as may be received from City operated telecommunications or other facilities located upon the City property subject to this lease. Section 18: Ownership and Removal of Improvements. No facilities lease shall be granted under this Article unless it contains a provision which states that all buildings, landscaping, and all other improvements, except telecommunications equipment, shall become the property of the City upon expiration or termination of the lease. In the event that the City requires removal of such improvements, such removal shall be accomplished at the sole expense of the lessee and completed within 90 days after receiving notice from the City requiring removal of the improvements. In the event that wireless transmission facilities or other equipment are left upon City property after expiration or termination of the lease, they shall become the property of the City if not removed by the lessee upon 30 days written notice from the City. Section 19: Compensation to the City. (a) Each facilities lease granted under this Article is subject to the City's right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the rights granted to the lessee; provided, nothing in these sections shall prohibit the City and a lessee from agreeing to the compensation to be paid. Such compensation shall be payable in advance of the effective date of the lease and on or before January 31 of each calendar year. Any payments received after the due date shall include a late payment penalty of 2% of the annual rental fee for each day or part thereof past the due date. The compensation shall be negotiated by the City Manager or designee, subject to the City Council’ s final approval, based on the following criteria: (1) Comparable lease rates for other public or private property; (2) In the case land is leased, an appraisal opinion upon which the land and air space is rented; (3) If structure of another user is involved, any amount needed to reimburse that user; in addition to the above; (4) A yearly escalator rate commonly used in comparable leases. (5) The additional rent such structure may generate if leased to additional users. (The City should be entitled to rent as a result of a sublease). 17 (6) Additional fees or charges may be established by the City to cover actual costs of processing the application, including engineering review, inspection and appraisal cost, legal, administration of the agreement, providing on-site services, and/or other direct or indirect costs. Section 20: Amendment of Facilities Lease. Except as provided within an existing lease agreement, a new lease application and lease agreement shall be required of any telecommunications carrier or other entity that desires to expand, modify, or relocate its telecommunications facilities or other equipment located upon City property. If ordered by the City to locate or relocate its telecommunications facilities or other equipment on the City property, the City shall grant a lease amendment without further application. Such amendment must be approved by Council. Section 21: Renewal Application. A lessee that desires to exercise a renewal option in its facilities lease under this Article shall, not more than one hundred eighty (180) days nor less than one hundred twenty (120) days before expiration of the current facilities lease term, file an application with the City for renewal of its facilities lease which shall include the following: a.The information required pursuant to Section 12 of this Article; b.Any information required pursuant to the facilities lease agreement between the City and the lessee; c.A report certified by a radio frequency engineer that the site is in compliance with current FCC radio emission standards. d.All deposits or charges required pursuant to this Article; and e.An application fee which shall be set by the City Council as referenced in this ordinance or as amended from time to time by resolution. Section 22: Renewal Determination. Recognizing that the City is under no obligation to grant a renewal of a facilities lease for the use of City property, the City shall strive to consider and take action on applications for renewal of such leases within 30 days after receiving a complete application for such a lease renewal. When such action is taken, the City shall issue a written determination granting or denying the lease renewal in whole or in part, applying the standards set forth below, or any other such criteria as the City Council may choose to apply. If the renewal application is denied, the written determination shall include the reason for denial; such denial may be made after review of these factors or on other grounds as determined by Mayor and Council: a.The financial and technical ability of the applicant. b.The legal ability of the applicant. c.The continuing capacity of the City property to accommodate the applicant's existing facilities. d.The applicant's compliance with the requirements of this Article and the lease agreement. 18 e.Applicable federal, state and local telecommunications laws, rules and policies. f.Continued need for the facility in light of technological advances and current industry standards. g.Such other factors as may demonstrate that the continued grant to use the City property will serve the community interest. Section 23: Obligation to Cure as a Condition of Renewal. No facilities lease shall be renewed until any ongoing violations or defaults in the lessee's performance of the lease agreement, or of the requirements of these sections, have been cured, or a plan detailing the corrective action to be taken by the lessee has been approved by the City. In no event shall a facilities lease be renewed if lessee fails to cure. 19 Master Siting Plan 20 -p City of Milton 13000 DeerfieidParkway, Suite 107, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 10,2007 FROM: Interim City Manager AGENDA ITEM: Approval of the August 2007 invoice for legal fees. MEETING DATE: Thursday, October 18,2007Regular Meeting BACKGROUND lNFORMA TION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (i)APPROVED ($NOT APPROVED " / CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVIEW REQUIRED: ()YES ?QNO APPROVAL BY CETYATTORNEY (1APPROVED (1 NOT APPROVED PLACED ON AGENDA FOR: REMARKS: ,"... "YityofMilton _1-.. ----.------ i e,, 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004-- To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Manager Date: Submitted on October 4 for October I8, 2007 City Council Meeting Agenda Item: Approval of August 2007 Invoice for Legal Fees CMO (City Manager3 Office) Recommendation: Approve the payment of legal fees per the attached invoice in the amount of $23,087.54. Background: The City receives a monthly invoice from Jarrard and Davis for legal services rendered to the City by Mark Scott, the City's attorney. The invoice also includes other legal support services rendered by Jarrard & Davis as well as fees incurred due to the use of external legal entities. Discussion: The legal invoice is detailed by project and where applicable by department. Each month, staff will review legal fees associated with the respective projectldepartment and the department director is responsible for approving the hours spent an the project or entering into a dialogue with the City Attorney regarding dispute of the fees. Once the legal invoice reaches the City Council on the third Thursday agenda of each month, the staff-related projects will be approved or the invoice will have been adjusted. Council will then be responsible for approving council-related legal fees. The following list represents the billed hours needing council approval in order to remit payment for the August 2007 invoice: DATE 811107 8/1/07 811107 8/1/07 811107 8/2/07 8/2/07 812107 DESCRlfTlOM Receipt and review of ernail correspondence from Aaron Bovos regarding acknowledgment of receipt of letter and sepatatlon agreement and email that he will provide response tomorrow Multiple telephone conversations with Councll Member Thuman regarding Frederick Taylor Univers~tyand dlploma mills. Review email from Council Member Jhurman regarding same Revlew ~nternetarticles on same. Telephone conference wlth Attorney Susan Moore of Georg~aMunicipal Association regarding insurance premrum tax Issues and email counc~l and mayor with her posltlon Draft appllcatlon for servlce mark, assemble photographs and appllcatlon package Draft memo regarding community improvement district resolutFon Revise supplled resolutron for same. Drafl memo to council regarding resolution on cornmunlty improvement dtstrict; review and revise resolution. Telephone conference with council members Lusk, Thurrnan, O'Brien and Mohr~gregarding city manager stuation. Meeting wrth Ken Jarrard and Angela Davis regardmg city manager HOURS .20 1.1 0 l-I0 ~ .40 I I 1.30 1.10 1.40 .50 AMOUNT INVOICE PAGE# 30.00 1 165.00 t65.00 60.00 195 00 465.00 21 0.00 75.00 1 I 1 7 7 1 1 2 * r-.---"" City of Milton .----. ------.----. ---.. -.-....---. . .-1. . 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 I 8124107 8124107 8124107 status. Receive and review signed copy of amended parks ordinance. Prepare .60 90.00 5 email correspondence to attorney John Monroe and transmit copy of ordinance to show amendment. Review correspondencefrom same with motion to dismiss City of Milton as defendant. Email correspondence with attorney Chuck Pollack regarding status of -20 30.00 5 settlement and agreement is being drafted. Review ernail from Acting Cty manger regarding resignation of Operations .I0 15.00 5 I,. Jp City of Milton ,+--+ * , .-. --. -. -. . 13000 Deerfield Parkway Suite 107G Milton, Gewgia 30004 .'-\ At +-City of Milton ------.------..-.. .>-..9 , 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 < c.. *- \ Fiscal impact; The amended budget for legal fees is $230,000. Upon payment of this invoice, the total expenditures for legal fees will be $200,693.53, leaving a balance of $29,306.47. With 83.3% of the year billed for legal services, the expenditures represent 87.3% ofbudget. None identified. Concurrent Review: Joe Lockwood, Mayor Chris Lagerbloom, Interim City ManagerlPublic Safety Director Tami Hanlin, Operations Director Dan Drake, Public Works Director Jeanette Marchiafava, CitylCourt Clerk Tom Wilson, Community Development Director h Limited Liability Partnership 105 Pilgriin Village Drive, Suite 200 Cumining. Georgia 30040 4D *\'IF 3 J ARRARD-DA\75 COX1JOSEPH C.PE Ali!.. TlI September 2 1,3007 PERSONAL AYD COYFJDErU'TIAL ATTORNEYICLTEUT PRIVILEGED CO3TMUYlCATTOrrr' Mr. Kyle Jones . City of Milton 13000 Deerfield Parkway Building 100 Alpf~aretta.GA 30004 Re: City of Milton Invoice Dear Mr.Jones: Please find enclosed our fee statement for senices perfomec! in August in connection with representation for the City of Milton. I have also eixlosed T, spreadsheet detailing the charges by Department. The total balance for these matlers is $23.087.54. Please return your payment on or before October 15.2007. Thank you for the opportunity to be of sc-ice. Please do not hesitate to contact me if you have any questions, Sincerely. JARRARD & DAVIS, LLP &&4 G-*&\(=- Angela . Davis JARRARD & DAVIS A Limited L~abrlrtyPartnershrp 105 P11p1rn I'illagc I>n?c, h~lti.2011 Cunmling, G.1 31 1 P111 mc h-fi-4.55--I 3 1 PAYMENT DUE UPON RECEIPT -THANK YOU! ClTY OF MILTON -AUGUST 2007 INVOICE Commun~tyDevelopment Department Community Development 1630 M-0015-1630 53.467.07 Balance for Department 2630 -Cornmun~tyDevelopment $3,467.07 Operations -General Operations 1000 M-0011-YO00 ?47 08- Balance for Department 1000 -Operations 347.08- TOTAL DUE FOR PROFESSIONAL SERVICES RENDERED $23,087.54 Page 1 of 1 - - Tarrard & Davis 105 PlIgrim Village Drive, Suite 100 Gumming, GA 30040 Phone 678-455-7150 Facsimile 678-455-7149 September 14,2007 City of Milton Attn: Kyle Jones 13000 Deerfield Parkway Building 100 Alpharetta GA 30004 Re: City of Milton -General Law Firm File # M-0003-1500 - FOR PROFESSIONAL SERVICES RENDERED AUGUST 2,2007 THROUGH AUGUST 3 1,2007 - SERVICES: DATE NAME DESCRJPTION HOURS AMOUNT 8/1/2007 MES Receipt and review of email correspondence from Aaron Bovos regarding acknowledgment of receipt of letter and separation agreement and ernail that he will provide response tomorrow MES Multiple telephone conversation with Counul Member Thurrnan regarhng Frederick Taylor University and diploma mills. Review emad from Council Member Thurrnan regarding same. Review internet articles on same. MES Telephone conference with Attorney Susan Moore of Georgia Municipal Association regarding insurance premium tax issues and ernall council and mayor with her position. MES Draft application for service mark,assemble photographs and application package. MES Draft memo regarding community improvement d~strictresolution. Revise supplied resolution for same. 8/2/2007 MES Draft memo to council regarding resolution on community improvement district; ra?~ and revise resolution. MES Telephone confereme with counul members Lusk, Thurrnan, O'Brien and Mohrig regarding ciq manager situation. City of Milton Page 2 City of Milton -General 8/2/2007 PvfES Meeting with Ken Jarrard and Angela Davis regwding city manager situation. MES Receipr and review of emds from mayor and Attorney Angela Davis regarding city manager situation. MES TeIephone conference with Chris Lagerbloom re: results of review of 0.70 105.00 canons of ethics for police officers and revise and incorporate canon into City Ethics Ordinance amendments. MES Receipt and perform attorney review of local aid grant contracts (2) Erom 0.70 105.00 state. MES Prepere for and attend City Council meeting and executive session. j~" 6.10 915.00 KEJ Meeting with attorney Angela Davis regardmg Milton personneI issues. 0.40 60.00 8/3 /ZOO7 MES Review email from ICaren Thurrnan regardmg strategy for meeting with 1.20 180.00 insurance commissioner. Draft response relating legal theories supporting application of discretion, review responses. MES DraftJrevise /complete letter from Attorney Angela Davis to City Manager 0.50 , 75.00 regatding conditions for possible return to emplojment and review ematls regarding same. MES Multiple telephone conferences with City Council members Thuman, 2.50 375.00 Mohrq and Lusk regarding ongoing personnel issues, review and respond to multiple emails from same members and Ms. D'Aversa. 8/6/2007 MES Attend work session agenda pre-meeting with staff and councd members j ILL 3.10 465.00 Thuman and Bailey. MES Attend council pre-meeting with Cound member Mohng and D'ilversa -/ jlh 2.50 375.00 \ MES Receive, review and respond to emd correspondence from Mapor and 0.20 30.00 Counul Member Thuman reprdjng scheduling of meeting with John h* Oxendine on insurance premum tax. 8/7/2007 MES Receipt and review of email from Linda Blow requesting review of 90.00 contract for Milton Roundup Venders, xeview contract, make suggestions Ov60 and reply. IEJ Meeting wid1 attorney Mark Scott regarding insurance premium tax. 0.50 75.00 8/8/2007 MES -. 0.30Receive, review and respond to email from city clerk regarding request of 45.00 citizen Leon Cole to forward his comments on ethics ordinance to ethics board. 9 MES Review ernails hrn City Clerk regarding AT&T agreement and transmit 0.20 311.00 response with electronic copy. w City of Milton Page 3 City of Milton -General 8/8/2007 MES Meeting with Mayor, Council Member Thmman, Representahve Jones and / 1-30 Codssioner Riley regarding straten for meeting with Insurance jic Commissioner Osendine. MES Receipt and review of emails in follow up to meeting on insurance 0.40 premium tax from Commissioner Riley and Council Member Thurman MES Receipt and review of emad from Council Member DIAversaregarding 0.20 newsletter to homeowners, review newsletter and respond that it is fine. MES Receipt and review of email from Carol ZVolfe and city staff regarding request from Aaron Bovos for personal emad folder and reply that it is to send. 8/9/2007 MES Multiple telephone conferences with Tom \T~dson,JanJones,Lynne Riley, 1.20 and Susan Campbell regarding damage control on school portable classroom certificate of occupancy issues ro determine that Board of Education faded to apply for permits. Inspections could not take place and certificates could therefore not be issued. MES Attend meeting with insurance commissioner regardfig insurance premium 0.70 tax telephonically . MES Preparation for and attendance at city council work session, special called / 6.30JLmeeting and executive session. 8/ 10/2007 MES Receipt and review of ernail from Mark Mahler regarding offer to city and 0.20 response to council members. 8/ 13/2007 MES Attend morning and afternoon City Counal pre-meetings. s 4.20 MES Meeting with Chris Lagerbloom, acting city manager regarding agenda item 0.80 for first reading of rmsion of parks ordinance for f~tearms amendment. Coordinate with Acting City Manager and Clerk to locate draft of changes ?Fand have draft sent out to council for addition to agenda md consideration. MES Receipt and review of emails from AT&T regarding draft of franchise 0.50 agreement and coorhnate consideration of agenda item for Thursday's meeting. MES Receive, review and approve of agenda item package for adoption of assemblage in public places ordinance. 8/14/2007 MES Receipt and review of email from Counul Member Thurman requesting resolution appokting Chris Lagerbloom as Acting City Manager; receive, rwiew and respond to ernails from City staff regarding same; draft resolution appointing Chris Lagerbloom as Acting City Manager. 1.20 City of Milton Page 4 City of MiIton -General 8/13/2007 MES Receipt and review emds from Council hlembers D'Aversa and Zahner 1.10 Bdey regarding Providence Park,prepare resolution for Ceuncd Member D'Xversa directing staff to take all necessary actions to purchase park. \$ 0.30ME5 Telephone conference with Chns Lagerbloom regarding city issues, resolution appointing Acting City Manager and resolution concerning & Providence Park . 8/ 15/2007 ME Receipt and review of emad from Kelly Hundley regarding acceptance of setdement framework for Baker matter, reply and relay to Tom \Vilson. MES Receipt and review of emad horn citizen Leon Cole regarding procedure 0.20 for sneaking on zoning applications and respond in kind. 8/16/2007 MES Receipt and review of email from city clerk regardlog proposed changes to w 0.20 agenda. MES Multiple telephone conferences with Council Member Zahner Bailey 1.70 regarding recusal Issue. Explain that it is not necessary under statute to recuse. Draft opinion letter, work with CounuI member on statement regarding same. MES Prepare for and attend Milton City Councll Meeting. 1 j-6.20 8/ 17/2007 MES Rex* ernail request from city clerk to provide copy of response to Buffa 0.1 0 open records request and transmit same. 8/20/2007 MES Email exchange with Meredith Mays from AT&T regarding signed copy of 0.20 franchise agreement. MES Remew Article 3.28 of City Charter regarding Council's interference with 0.80 admirlistrahon and draft reminder to City Council regarding provision's application and need to not interfere with administrative tasks, follow up telephone conference with Council Member Thurman regarding same. 8/21/2007 MES Ernail correspondence with Lynn Rainey, counsel fox North Fulton Community Improvement District regarding appointment of Mllton business owner to board and receipt of CID funds fox use inside Milton, transmit same to mayor and counul. MES Review proposed amusement contract for hlilton Roundup. Legal research on extent that City can contractually kdd@another party and effect of sovereign immunity on this. Draft response to Linda Blow and Chns Lagerbloom regarding recommendations. MES Review Atlanta Journal Constitution article that Georga Carry.org has initiated lawsuit against 6 cities kdudlng Milton on f~earmsin parks issue. TeIephone conference with Attorney John Monroe regarding MdtonRs amendment is already under way and will they drop suit. Emd to mayor and council to notify of same. 1.80 City of Milton Page 5 City of MiIton -General 8/22/2007 MES Receipt and review of con tract for entertainment at Milton Roundup and 0.40 60.00 reply to Linda Blow that it is approved. H MES Receipt and review of staff project list and reply with status of projects. 0.40 60.00 8/23/2007 MES Receipt and review of emad from Mayor stating that he wdl be recusing : 0.10 15.00 hself from Milton Bank rezoning based on directorship in bank. J LY MES Emd correspondence with City staff as folIow up to telephone conference $h\ 1.40 210.00 with City clerk regarding open records request, review request form, legal research of open records statute as to requirements for response, telephone conversation with requesting party. MES Email correspondence with Council Member D'Aversa and review 0.20 30.00 response from mayor/city manager regarding insurance premium tax status. MES Preparation for and attend Milton special called meetings and budget@workshop. 4.80 720.00 8/24/2007 MES Recelve and review signed copy of amended parks ordinance. Prepare 0.60 90.00 emd correspondence to attorney John Momoe and transmit copy of ordindnce to show amendment. Review correspondence from same with motion to dismiss City of Milton as defendant. MES Emd correspondence with attorney Chuck Pollack regarding status of settlement and agreement is being drafted. MES Ernail correspondence with Linda Blow and AT&T representatives to coordinating their possible parucipatfon in Milton Roundup and demonstrating video over internet protocol service. ,&.& MES Review emad from Acting C~tyManager regarding resignation of Operations Director. 8/27/2007 MES Draft notice to mayor and counul that Fiearms lawsuit is being dropped. Review emd from Council members D'Aversa and Zahner Bdey regarding acknowedpent. 8/28/2007 MES Ernail correspondence with Linda Blow regarding payment to artist who 0.40 60.00 desi~edfestival literature 8/29/2007 ME3 Meeung with C~T Clerk, Jeanette Marchiafava regarding current Milton 0.50 75.00 issues. Meeting with Jeanette Marchafava and Tom IVilson regarding Starkey open records request issue. MES Meeting with L.lsa Maggart and Carol Haag regarding ciq somunicatio&/0.30s 45.00 is sues. City of Milton City of Milton -General Page 6 8/29/2007 MES Telephone conference with Steve Rosenberg of Fulton County attorney's office regarding fxearms in parks litigation and ordinance amendment, sign litigation and request for copies of documents entered into record at adoption of sign ordinanance. .\ v\& MES Telephone conference with Chi. Lagerbloom, Council Member ~ohri~px and Bob hloheb regarding Planning Commission issues. .I 0.30 45.00 8/30/2007 MES Email correspondence with City Manager Lagerbloom regarding citizen Steve Damshr's comments on firearms amendment to parks ordinance. Email correspondence with Mr. Dmsker to explain purpose and procedure of amendment. 0.40 60.00 8/31/2007 MES Ernail correspondence with City Clerk requesting draft of public works ordinance from Sandp Springs. Review files and computer dztabase regarding same. 0.10 15.00 Total For Services DISBURSEMENTS: 8/2/2007 Fhg Fees -with the Georgia Secretary of State. Tide Exahation for Thompson Road Fire Station and New Providence Road Fire Station sites. 8/3/2007 Copping cost @ .I0 pet copy Coping cost @ -10 per copy Postage Postage 8/7/2007 Westlaw Research Westlaw Research 8/9/2007 Cop~ingcost@.lOpercopy 8/13/2007 \VestIa~vResearch 8/16/2007 WestlawResearch Westlaw Research City of Milton Page 7 City of Milton -General 8/21/2007 iVesda~vResearch 8/27/2007 Westlaw Research 8/29/2007 iVestlaw Research Copying cost @ -10 per copy Disbursements Total Balance Due -- - - Jarrard & Davis -1 Lrn~t~dI,labih-. I'artncrslup 105 Pdilgrim Village Drive, Suite 200 Gumming, GA 30040 Phone 638-455-71 50 Facsimile 678-455-7149 September 14,2007 City of Milton Attn: Kyle Jones 13000 Deerfield Parkway Building 100 Alpharetta GA 301104 Re: Citv Manager Law Firm File # M-0018-I 500 FOR PROFESSIONAL SERVICES RENDEFED AUGUST 1,2007 THROUGH AUGUST 3 1,2007 SERVICES: DATE NAME DESCRIPTION HOURS AMOUNT 8/3 /2007 MES Telephone conference and emd correspondence with rlttornq Angela Davis regarding city manager emplovment negotiations, telephone conferences with council members Thman, DIAversa, O'Brien,Mohrig and Lusk regarding same. AED Telephone conference with Mark Scott regarding developements. Receipt and review correspondence from coundwoman D'Aversa. Respond to same. 8/2/2007 AED Conference with attorney Mark Scott. Ernail correspondence wlth Mayor Joe Zockwood. meeting with Council in executive session. 8/3/2007 AED Telephone conference with attorney Mark Scott Telephone call from and to council member Rick Mob. Finalize letter to Aaron Bovos. 8/5/2007 MES Receipt and review of ernail from Attorney Angela Davis regarding City Manager's response to correspondence regardkg employment; telephone conversation with Attorney Angela Davis regarding same; review actual response, forward te council members for consideration; telephone conversation with council member TFhurman regarding response and future action AED Telephone conference with council regarding latest response. Telephone conference with attorney Mark Scott regarding same. Emnil correspondence from and to Aaron Bovos. City of MiIton City Manager Page 2 8/6/2007 AED Telephone conferences regarding Aaron Bovos' response. Telephone conference with hiayor Joe Lockwood regarding called meeting and strategy. Draft emd correspondence to counul and major regardmg same. JCC 1.80 270.00 8/7/1007 MES Receipt and review of mddple emds from Attorney Angela Davis, City Council hiembers and Mayor and respond regarding offer and counter-offer to city manager for separation agreement b 2.50 375.00 XED Response to email correspondence from Council Member D'Aversa. Draft latest revisions to Separation Agreement per comments from Aaron Bovos . Email correspondence regarding same. 2.00 300.00 8/8/2007 MES Receipt and review of city manager's response to employment negotiations and transmit to mayor and council. Conference with Attorney Angela Davis, telephone conference with council Members Thurrnan, Lusk and OBrien regarding same. Multiple emails with Mayor and council member Lusk,. Telephone conference with mayor and alI councll members to confirm final offer being extended. Draft letter to city manager extending final offer and rerise separation agreement to final terms. 4.60 690.00 IEJ Meeting with attorney Mark Scott regarding Aaron Bovos meeting. AED Telephone conference with Attorney Mark Scott. Review and revise correspondence to Aaron Bovos. Review response frorn Mr. Bovos in connection with same. 8/9/2007 MES Receipt and review of numerous ernails from Attorney Angela Davis regardkg fkal offer to Aaron Bovos. AED Email correspondence with attorney Mark Scott. Review and revise letter to Aaron Bovos. Review and revise Separation Agreement. Email correspondence with Mr. Bovos. 8/10/2007 MES Receipt and review of emails from mayor and council regarding resignation of cig manager. Receive emd frorn Aaron Bovos and rwiew formal letter of resignation; forward to City and news media. 0.60 30.00 8/13/2007 MES Receipt and review of mails from Mayor regarding final signing of separation agreement for former city manager and arrangements for office clean-out. 0.30 45.00 8/14/2007 MES Receipt and review of emad from Carol Wrolfe regarding remaining city manager issues and reply with request that she obtain a copy of separatio agreement to ensure compliance and arrange for check. Follow up telephone conversations -withCarol \KTolfe,Chris Lagerbloom and Jeanette Marchiafava re@g compliance with terms. 90.00 8/16/2007 MES Receipt and review of open records request from Doug Nurse of Atlanta Journal Constitution regarding city manager separation agreement and proT.Lde copy City of Milton Page 3 City Manager 8/17/3007 MITI Emd exchange with City Clerk regarding communication with former City Manager regarding open records request:for separation agreement. 0.30 45.00 8/20/2007 MES Emd exchange with Citp Clerk regatding open records request from Milton Herald for former City Manager's separation agreement 0.20 30.00 TotaI For Services 325400 $4,935.00 DISBURSEMENTS: 8/9/2007 Postage Disbursements Total Balance Due - - Tarrard & Davis 105 Pilgrim Village Drive, Sute 200 Curnming,GA 30040 Phone 678-455-7 150 Facsimile 678-455-7149 September 14,2007 City of Milton Attn: Kyle Jones P 3000 Deerfield Parkway Building 100 Alpharetta GA 30004 Re: Covenant Media Law Firm File # M-0007-1500 FOR PROFESSIONAL SERVICES RENDERED AUGUST I, 2007 THROUGH AUGUST 3 1,2007 SERVICES: DATE NAME DESCRIPTION HOURS AMOUNT 8/2/2007 MES Receipt, review and analyze Plaintiffs responsive brief to motion for summq judgment Total For Services Balance Due - - Tarrard & Davis 105 Pltgrim Village Drive, Suite 200 Gumming, GA 30040 Phone 678-455-7150 Facs~mile678-455-7149 .. September 14,2007 City of MiIton Attn: Kyle Jones 13000 Deerfield Parkway Building 100 Alpharetta GA 30004 Re: Ethics Board LawFirmFiIe# M-0017-1500 FOR PROFESSIONAL SERVICES RENDERED AUGUST 1,2007 THROUGH AUGUST 3 1,2007 SERVICES: DATE NAME DESCRIPTION HOURS AMOUNT 8/1/2007 ME5 Draft final revisions to ehcs amendments. 1.80 270.00 MES Mdtiple telephone conferences and ernds with City Clerk and staff regardkg ethics orchnance revision and agenda items issues along with P 1.30 195.00 logistics of scheduling of ethics board meeting and work session agenda 8/2/2007 MES Draft memorandum on ethics ordinance amendments and ordinance adopting and referencing amendments. 8/6/2007 MES Attend Ethics Board meeting including hearing on Moheb complaint 2.60 390.00 8/7/2007 MES Revlew and revise draft ethics ordnance (1 small additional change) and 0.50 75.00 transmit to city clerk for agenda 8/8/2007 KEJ Telephone conference with hfyles Eastulood regarding ethlcs issues at 0.10 15.00 Milton. 8/9/2007 MES Meeting with Carol Lane to take recorded statement for ethics complaint 1.10 165.00 investitigaltion. 8/10J2007 MES Receipt and review of transcript of recorded statement of Carol Lane; legal 4.20 630.00 research regarding starutes on disclosure of campaign contributions when opposing zoning applications, begin draft of ethics report on complaint against Carol Lane. City of Milton Ethics Board Page 2 8/f 3/2007 MES Draft report and legal research regarding report on ethics complaint agalnst Carol Lane. 8/14/3007 hlES Draft minor amendment to Ethics Ordinance per Council Member D'hersa's request and transmit to council for consideration as part of first xea&g Thursdq. MES Receipt and review of multiple emds from clerk and board members regardmg scheduling of next meeting 0.50 75.00 MES Review, revise, finalize and transmit draft of report to ehcs board on Lane Complaint. 1.40 210.00 KEJ Meehng with attorney Mark Scott regarhng Lane ethics investigation. 0.10 15.00 8/17/2007 MES Legal research and draft supplemental report to ethics board on Lane Complaint regarding misdemeanor status of knowing failure to disclose. 2.50 375.00 8/20/2007 MES Revise/finalize and transmit supplemental report on Lane Complaint. 0.70 105.00 8/22/2007 MES Receipt and review of email from City Clerk regarding problems with scheduling elclzics meeting. 0.10 15.00 8/28/2007 MES Receipt and review of email correspondence from ethcs board remembers regarding meeting scheduling issues. 0.30 45.00 8/30/2007 MES Email correspondence from Cicy Clerk and board members regarding scheduling of meeting. 0.40 60.00 8/31/2007 MES Ernail correspondence from ethrcs board members and city clerk regardingm schedulmg of hearing. 0.20 30.00 Total For Services DISBURSEMENTS: 8/7/2007 Westlaw Research 8/16/2007 Westlaw Research Disbursements Total Balance Due - - Tarrard & Davis 105 Pilgrim Village Drive, Suite 200 Cumming,GA 30040 Phone 678-455-7150 Facsimile 678-455-7149 September 14,2007 City of MiIton Attn: Kyle Jones 13000 Deerfield Parkway Building I00 Alpharetta GA 30004 Re: Communitv Development Department LawFirmFiIe# M-0015-1630 FOR PROFESSIONAL SERVICES RENDERED AUGUST 1,2007 THROUGH AUGUST 3 1,2003 SERVICES: DATE NAME DESCRIPTION HOURS AMOUNT 8/2/2007 MES Receipt and review of proposed reply brief in support of motion to dsmss 1.70 255.00 - in Six Hds matter. Review ante litem notice Ietter from counsel for Bakers Review letter from Torn \Wilson regarding interpretation of zoning ordinance in Baker matter. MES Meeting wih Tom Wilson regarding Community Developmen't issues and 75.00 - litigation. MES Receipt and review of multiple emd correspondence to and horn 1.20 180.00 , Attorneys Kelly Hundley, Chuck Pollack,ernails with Tom Wilson and respond, and follow up telephone conversations regarding Baker v.Board of Zoning Appeals matter. 8/6/2007 Ml3.S Receipt and review of email from Joan Wunderle regarding status of Six 45.00 Hills case and draft reply. \ 8/7/2007 ME Prepare for and attend Desip Review Board rneekg and brief Board on 4.20 630.00 Robert" Rules of Order. \ MES Receipt and review of ernail from Robyn MacDonald and Sernbler @ 0.50 75.00 construction regxding right of way dedication for Deerfield Place project and respond. 2 City of Milton Page Community Developmefit Department 8/10/2007 MES Receipt and review of multipIe emails from staff and Board of Zoning Appeals members regarding Baker appeal and provide responses to questions. 8/13/2007 MES Receipt and review and reply to emads from council for appellant and defense attorney regarding coordination of meeting with Zoning Board to discuss resolu~on. 8/15/2007 MES Research state statutes on recusal of elected officials on zoning applications and disclosure requirements, telephone conversation with Tom LVilson and planning staff regarding issue of application,telephone conversation with applicant the counul member is not required to recuse under statute. 8/16 J200T MES Email exchange with counsel for appellant in Baker matter regarding logistics of settlement approval and 8/21 meeting, review settlement proposal letter and indicate plan to discuss with Board in executive session.$ Ernaii to coordinate with Kelly Hundley regarding executive session. MES Emd exchange with Richard Debben, architect and property owner regarding rneeiing with Pete Hendricks and current and future zoning of property en Hopewell Road. 0*30 8/17/2007 MES Further emad exchange with Richard Debben regarding Hopewell Road property zoning. 0-40 MES Email exchange with Kelly Hundley regasding payment provision of settlement agreement and issue of whether city or GIRhL4 will pay. 8/20/2007 MES Receipt and review of emds from John Ford and Tom Wilson regarhg formulation of contract with BRPH for comprehensive plan rewrite and respond. MES Receipt and review of emails between Kelly Hundley and Chuck Pollack regarding copies of landscaping pIan tor Board of Zoning Appeals to review. o-20 8/21/2007 MES Em;lil corttspondence with City Planner Angela Rarnbeau, Kell~Hundley and Chuck Pollack regarding Board of Zoning Appeals consideration of Baker matter at tonight's meeting. MES Meeting with Cornrnunitp Development staff prior to Zoning Board meeting, Attend executive session of Zoning Board regarding Baker settlement Conference with Attorney Chuck Pohlack regarding same. 8/22/2007 8/23/2007 MES Receipt and review ernail from Robp MacDonald regarding reversion of zoning in Fulton County Zoning Resolution. MES Ernail correspondence with Angela Rambeau regarding written notification to Bakers of settlement resolution, response that attorneys will handle. +jl0.20 City of Milton Page 3 Community Development Department 8/23/2007 MES 7p 0.20Ernail correspondence with John Ford of BRPH regarding comprehensive plan contract. 30.00 8/24/2007 MES Emad correspondence with John Ford regarding form of comprehensir~e 30.00 plan conuact. 8/27/2007 MES Email correspondence with Tom Wrilson regarding possible confhct of 30.00 interest with Buck Bell. MES Rwiew emad correspondence regarchg Runner/Yellow House Farm property issues and schedule rneetlng with Chris Lagerbloom and Tom Wilson for Wednesday. Review emds from Cound Member O'Bnen & 0-60 90.00 regarding same. \ 8/29/2007 MES Travel to, from and attend meeting with Tom Wilson regarding current 1-70 255.00 comnuni~development issues and status of BRPH contract, meeting with Tom \Vilson and Chris Lagerbloom regarding Yellow Horse Farm issues. \ MES Meeting wth Robp Madhnald regarding current zoning issues and 30.00 follouing up on reversion issue. MES Receipt and review of ernail from John Ford regarding comprehensive plan 15.00 contract with BRPH. MES Draft letter to Richard Calhoun, Esquire reprdhg Yellow House Farm 1.70 255.00 land use issues, legal research of caselaw to be cited in letter. MES Email correspondence from John Ford regardtng status of contract draft, 30.00 receive draft of contract. 8/31 /2007 MES Emai! correspondence with John Ford regarding initial cursory review of 60.00 contract Total For Services 23:06:00 $3,465.00 DISBURSEMENTS: 8/29/2007 Westlaw Research Disbursements Total Balance Due - - larrard & Davis 105 Pilgrim Village Dnr-e, Suite 200 Gumming, GA 30040 Phone 678-455-7150 Facsimile 678-455-7 149 September 14,2007 City of Milton Attn: Kyle Jones 13000 Deefield Parkway Building 100 AIpharetta GA 30004 Re: Operations -General Law Firm File # M-00 I 1-1 000 FOR PROFESSIONAL SERVICES RENDERED AUGUST 1,2007 THROUGH AUGUST 3 1,2007 SERVICES: DATE NAME DESCRIPTION HOURS AMOUNT 8/9/3007 MES Receipt and review of ernail regarding legal expenses for Fiscal pear budget 0.10 15.00 8/16/2007 MES Receipt and review of open records request from Attorney Ibtica regarding Antonio Buffa personnel matter. Legal research of statute to determine extent of disclosure required, prepare letter in response to request. 1.80 27Q.00 8/31 /ZOO7 MES Email correspondence with Carol iVolfe regarding attempt to locate random drug control policy document and search database for same. 0.40 60.00 Total For Services 21 8:OO $345.00 DISBURSEMENTS: 8/20/2007 Westlaw Research Disbursements Total City of Milton Page 2 Operations -General Balance Due 3347.08