HomeMy WebLinkAbout08-04-2008-PacketCITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Tina D’Aversa
Alan Tart
Monday, August 4, 2008 Regular Council Meeting Agenda 6:00 PM
INVOCATION -
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
(Agenda Item No. 08-634)
4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
5) PUBLIC COMMENT
6) CONSENT AGENDA
(Agenda Item No. 08-635)
1. Approval of the July 14, 2008 Work Session Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-636)
2. Approval of the July 14, 2008 Special Called Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-637)
3. Approval of the July 21, 2008 Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 08-625)
4. Approval to authorize the execution of the Agreement of Mutual & Automatic Aid
between the City of Milton and the City of Alpharetta. (Deferred on July 21, 2008.)
(Chris Lagerbloom, Public Safety Director)
Page 1 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
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 AUGUST 4, 2008 – 6:00 PM
7) REPORTS AND PRESENTATIONS
1. Presentation on Performance Measures.
(Presented by Bob Munro, Program Manager for Performance Management, CH2MHILL)
8) PUBLIC HEARING
1. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to fix
the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2008; and for other
purposes. (First Public Hearing held July 21, 2008)
(Stacey Inglis, Finance Manager)
9) FIRST PRESENTATION
(Agenda Item No. 08-626)
1. Approval of an Ordinance Amending Chapter 15, Health and Public Safety to reflect the
composition of the Milton Department of Public Safety.
(Presented by Chris Lagerbloom, Public Safety Director)
(Agenda Item No. 08-638)
2. Approval of an Ordinance Accepting the Georgia Municipal Employee Benefit System
Official Plan Document for Retirement Program.
(Presented by Connie Jacobs Human Resources Manager)
(Agenda Item No. 08-639)
3. Approval of an Ordinance to Adopt the City of Milton Trail Development Standards.
(Presented by Dan Drake, Public Works Director)
10) ZONING AGENDA (none)
11) UNFINISHED BUSINESS (none)
12) NEW BUSINESS
(Agenda Item No. 08-640)
1. Approval of two facility use agreements with Hopewell Youth Association for
baseball programs at Bell Park
(Presented by Dan Drake, Public Works Director)
(Agenda Item No. 08-641)
2. Approval of a Resolution Authorizing a new 401(a) Plan setup
(Presented by Connie Jacobs Human Resources Manager)
13) MAYOR AND COUNCIL REPORTS
14) STAFF REPORTS
15) EXECUTIVE SESSION (if needed)
Page 2 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
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 AUGUST 4, 2008 – 6:00 PM
(Agenda Item No. 08-642)
16) ADJOURNMENT
Page 3 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
The minutes will be
Provided
electronically
STATE OF GEORGIA
CITY OF ALPHARETTA
AGREEMENT OF MUTUAL & AUTOMATIC AID
FOR FIRE AND EMERGENCY MEDICAL SERVICES
This Agreement is made and entered into this 1st day of October, 2008 by and
between the City of Alpharetta, a political subdivision of the State of Georgia, acting by
and through its Public Safety Director with the authority of the duly elected City Council,
and the City of Milton, acting by and through its Public Safety Director with the authority
of the duly elected City Council.
WITNESSETH:
WHEREAS, the City of Alpharetta and the City of Milton, Georgia are
contiguous;
WHEREAS, the City of Alpharetta and the City of Milton each maintain and staff
a fire department for the purpose of providing fire suppression, protection, prevention,
and emergency medical services;
WHEREAS, the City of Alpharetta and the City of Milton have determined that it
is to the mutual advantage and benefit of each of the parties hereto that they render
supplemental assistance in providing local emergency, fire suppression, protection,
prevention and emergency medical services to the other party in the event of a fire or
other local emergency, and to take part in joint training exercise; and
WHEREAS, it is the desire of the signatories hereto to enter into this agreement
for mutual aid and first response pursuant to the 1983 Constitution of the State of
Georgia Article IX, Section II, Paragraph 3 and Article IX, Section III, Paragraph 1.
NOW THEREFORE, in consideration of the mutual covenants contained herein,
and for other good and valuable consideration, the parties hereto agree to follow:
ARTICLE 1 - TERM OF AGREEMENT
This agreement shall commence on the date of October 1, 2008 and shall
continue until October 1, 2009. This agreement shall automatically be renewed by the
parties each year thereafter unless and until such time as written notice of intention not
to renew or notice of modification is received by either party within ninety (90) days prior
to the expiration of the term of this agreement.
ARTICLE 2 – TERMINATION
Either party to this agreement may terminate the agreement by giving not less
than one hundred and eighty (180) days written notice to the other party. Upon the
running of one hundred and eighty (180) days from such written notice, this agreement
shall be terminated. Notice to the City of Alpharetta should be mailed to:
Public Safety Director
City of Alpharetta Department of Public Safety
2565 Old Milton Parkway
Alpharetta, GA 30004
Notice to the City of Milton should be mailed to:
Public Safety Director
City of Milton Department of Public Safety
13000 Deerfield Parkway
Milton, GA. 30004
ARTICLE 3 - LIABILITY
There shall be no liability imposed on any party or its personnel for failure to
respond to requests for aid. Every employee shall be deemed to be the employee and
agent of his/her regular employer, and under no circumstance shall any employee be
deemed to be an employee or agent of any entity other than his/her regular employer.
All damages or repairs to any equipment or apparatus that occur in the normal
operation shall be the responsibility of the owner jurisdiction.
ARTICLE 4 - COMPENSATION
No party under this agreement will be required to pay any compensation to the
other party under this agreement for services rendered pursuant to this agreement. The
mutual advantage and protection afforded by this agreement is considered adequate
compensation to both parties. Each party to this agreement shall comply with workers’
compensation laws of the State of Georgia without any cost to the other party. Each
party shall pay its own personnel without cost to the other party.
ARTICLE 5 - RELEASE OF CLAIMS
Each of the parties agrees to release the other party from any and all liabilities,
claims, judgments, costs or demands for damage to that party’s property whether
arising directly or indirectly out of the use of any vehicle, equipment or apparatus by the
other party during the provision of service pursuant to this agreement.
ARTICLE 6 - INJURIES TO PERSONNEL
Any damage or other compensation which is required to be paid to any employee
by reason of an injury occurring while their services are being utilized pursuant to this
agreement shall be the sole liability and responsibility of the party regularly employing
such person.
ARTICLE 7 – REQUEST FOR MUTUAL AID ASSISTANCE
Each party agrees that the timing of the request for mutual aid is critical to the
effectiveness of the assistance being requested. Each party agrees that in order to
expedite the response to the request for mutual aid, field officers or dispatch center
personnel may make the request for mutual aid as soon as possible and in the most
direct manner and that the requesting party’s designee may be the incident commander
or the officer (or acting officer) on apparatus responding to the incident.
When either party determines that it is necessary to request mutual aid, the
requesting party or its designee is authorized to make the request in these ways:
• Via radio directly from the requesting jurisdiction’s unit to the dispatch
center, or
• Via telephone directly to the dispatch center.
ARTICLE 8 – AUTOMATIC AID ASSISTANCE
In addition to the agreement for mutual aid assistance, the City of Alpharetta and
the City of Milton agree to provide the closest unit to areas within the fire demand zones
in which the City of Alpharetta or the City of Milton has the first-in unit regardless of
jurisdiction. The closest unit will be dispatched by the dispatch center without any
request for mutual aid. “Closest unit” will include fire engine/pumpers, ladders trucks,
and rescue trucks and/or fire-rescue supervisor. This closest unit response will be
referred to as an automatic aid response.
Areas within the fire demand zones in which the City of Alpharetta has the first in
unit will be covered by the closest available the City of Alpharetta unit unless mutual aid
is requested for the City of Milton to respond.
Representation from the jurisdiction in which a multiunit incident is taking place will
be established on the scene in a timely manner. Command and control in the mitigation of
a multiunit incident within their respective jurisdiction will be accomplished by that
jurisdiction in a timely manner. Operational command of an automatic aid response will fall
under the following criteria:
1. All units at the scene of an emergency incident will be under the
command of an Incident Commander.
2. Command shall be transferred to the jurisdictional fire department in
which the incident is occurring on structure fires, multiple unit responses
involving more than one jurisdiction or incidents considered significant
by the jurisdiction in a timely manner.
3. It shall be the responsibility of the designated Public Information Officer
(PIO) and/or Chief of the Fire Department to disseminate information
regarding ongoing incidents or incidents which have occurred in their
respective jurisdictions.
Fire reports, responding unit reports, and other emergency incident information
reporting are the responsibility of the responding agency in the event of single unit
responses or multiple unit responses from the same jurisdiction. In the event of multiple
unit responses involving both jurisdictions, said data requirements become the
responsibility of the jurisdiction within which the incident is located.
The agreement in no way shall impact on the ability to provide a minimal level of fire
service for either jurisdiction. The minimum level or resource availability shall be:
1. Each jurisdiction shall maintain both local and regional mutual aid
agreements with surrounding jurisdictions so as to facilitate a move-in
of resources as may be needed.
ARTICLE 9 – QUALITY ASSURANCE
To ensure the effectiveness of this agreement, a committee with designees from
Alpharetta Department of Public Safety, Milton Department of Public Safety, and the
911 Communications Center will meet on a monthly basis to analyze response
distributions, discuss any needed agreement modifications, and share feedback on
agreement execution. This committee will be tasked with proactively addressing any
issues that might impact this agreement and provide valuable information to its
respective departments.
ARTICLE 10 - ADMINISTRATION
It is agreed that for the purpose of liaison and administration, the Director’s of
Public Safety shall be jointly responsible.
ARTICLE 11 - MISCELLANEOUS
This agreement shall not be construed as, or deemed to be, an agreement for
the benefit of any third party or parties, and no third party or parties shall have any right
of action hereunder for any cause whatsoever.
This agreement shall constitute the entire agreement between the parties, and no
modification shall be binding upon the parties unless evidenced in writing and signed by
both parties.
In the event any part or provision of this agreement is held to be invalid, the
remainder of this agreement shall not be affected thereby and shall continue in full force
and effect.
This agreement shall govern in all respects as to the validity, construction,
capacity, performance, or otherwise by the laws of the State of Georgia.
IN WITNESS WHEREOF, the parties set their hands and seals this
_________________________________ __________________________
_________________________________ __________________________
FOR THE CITY OF ALPHARETTA, GEORGIA:
Gary George, Public Safety Director Date
FOR CITY OF MILTON, GEORGIA:
Chris Lagerbloom, Public Safety Director Date
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: ML Marietta, Milton Department of Public Safety
Date: Submitted on July 18, 2008 for the August 4, 2008 Council Meeting
Agenda Item: Amendment of Chapter 15: Health and Public Safety to reflect the composition of
the Milton Department of Public Safety
City Manager’s Office Recommendation:
Adopt the attached resolution approving the amendment of the ordinance governing
composition and structure of the Milton public safety function to reflect the current needs of the
department.
Background:
The Milton Department of Public Safety was formed with a blended senior management style,
with both the police and fire operations managers reporting to the deputy fire chief. Alternately,
the support function was managed by a police major. The department will better reflect the
standards of both the police and fire professions if each operational unit was under the direction
of senior police and fire personnel. This will allow the respective managers (fire captains and
police lieutenants) to report to senior officers who share their professional expertise.
It also allows for changes in the department policy manuals in accordance with professional and
accreditation standards without requiring a full council vote. In this vein, the proposed change
mandates the policy manual itself, but does not place the actual minutia of police operations
under council review. As a consequence, routine changes (such as the color of the name tag
on the uniform, or an operational change required by new case law) may be accomplished
without the necessity of continuously bringing the manual before council for review and
approval.
Additionally, it addresses in City Code the adoption of the National Incident Management
System on a city-wide basis.
Finally, the revision adds a fee schedule for services provided by the Fire Marshal.
Funding and Fiscal Impact:
The majority of the changes in this chapter are based in policy and will be revenue neutral. The
addition of fees for fire marshal inspections and reviews are consistent with surrounding
jurisdictions and will represent a new revenue stream for the City (which will currently be used to
offset contracting fire marshal services).
Alternatives:
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City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
Over the past year we have observed numerous difficulties operating under the current system.
As a consequence, while the Milton Department of Public Safety can continue to operate under
the currently established system, it is not in the best interest of the organization and, by
extension, the public in general, to continue to do so. There are therefore no viable alternatives
to these proposed changes.
Concurrent Review:
Chris Lagerbloom, Public Safety Director
Jarrard and Davis, LLP, City Attorneys
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STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO.
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF MILTON, GEORGIA,
HEALTH AND PUBLIC SAFETY ORDINANCE, CHAPTER 15 AS IT PERTAINS TO
THE ORGANIZATIONAL STRUCTURE OF THE MILTON DEPARTMENT OF
PUBLIC SAFETY
THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS while in regular
session on the 21st day of July, 2008 at 6:00 p.m. as follows:
SECTION 1, The city council of the City of Milton adopted and approved the
amended Health and Public Safety Ordinance ( or “Ordinance” hereafter) on June
2, 2008; and
SECTION 2, That said Ordinance, among other things, establishes the form and
functions of the Public Safety Department in the City; and
SECTION 3, That this amended Ordinance shall become effective upon adoption
by the Mayor and Council of the City of Milton and shall supersede all prior
iterations of this ordinance; and
SECTION 4, That the Milton Department of Public Safety’s organization and
structures shall be amended to better serve the needs of the Department and the
Citizens of Milton;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY
ORDAINS that Chapter 15 of the Code of the City of Milton is hereby adopted and approved to
read as follows:
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Chapter 15: Health and Public Safety
Article 1: Overall Purpose
The purpose of this chapter is to provide for the health and safety of the citizens of the
City of Milton.
Article 2: The Office of the Director of Public Safety
The Milton Department of Public Safety shall encompass the primary public safety
disciplines, including Police services, Fire-Rescue Services and Emergency Management. To
this end, the Office of the Director of Public Safety is hereby created. The Director’s duties shall
be as follows:
(a) to serve in a dual role as the executive for public safety services in the City of
Milton, incorporating the position of Police Chief, Fire Chief, and Director of
Emergency Management.
(b) to appoint any deputy chiefs or other personnel to serve in a subordinate position to
carry out the duties entailed by Police, Fire and Emergency Management Services.
(c) Hereafter, any reference to these positions shall be deemed a reference to the
Director of Public Safety.
Article 3: Emergency Management Services
Section 1: Purpose
The purposes of this section are to:
(a)Reduce vulnerability of people and the community to damage, injury and loss of
life and property resulting from natural or manmade catastrophes, riots or hostile
military or paramilitary action,
(b) Prepare for prompt and efficient rescue, care and treatment of persons victimized or
threatened by disaster,
(c) Provide a setting conducive to the rapid and orderly start of restoration and
rehabilitation of persons and property affected by disasters,
(d) Clarify and strengthen the roles of the mayor, city council, city manager and city
departments in prevention of, preparation for, response to and recovery from
disasters,
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(e) Authorize and provide for cooperation of activities relating to disaster mitigation,
preparedness, response and recovery,
(f) Authorize and provide for coordination of activities relating to disaster mitigation,
preparedness, response and recovery by departments and officers of the City,
agencies of the private sector and similar activities in which the federal government,
the state and its political subdivisions may participate, and
(g) Provide a disaster management system embodying all aspects of pre-disaster
preparedness and post-disaster response.
Section 2: Emergency Defined.
As used in this Article, “ emergency” shall mean the actual or threatened existence of
conditions of disaster or of extreme peril to the safety of persons and property within the city
caused by such conditions as air pollution, disease, fire, flood, storm, epidemic, riot, or
earthquake, or other conditions, including conditions resulting from war or the imminent threat
of war. Such term shall not include conditions resulting from a labor controversy, which
conditions are, or are likely to be, beyond the control of the services, personnel, equipment, and
facilities of the city, requiring the combined forces of other political subdivisions to combat.
Section 3: Emergency Management Services.
In accordance with Article 2 of this Chapter, the Director of Public Safety shall serve as
the Director of Emergency Management for the City of Milton. The duties of the Director shall
be as follows:
(a) To represent the City of Milton on all matters pertaining to emergency
management;
(b) To coordinate the development of community-wide emergency preparedness;
(c) To develop an emergency and disaster operations plan for effective mobilization of
all the resources of the City, both private and public;
(d) To prepare and recommend for approval by the city council mutual aid programs
and agreements between other local governments and the City;
(e) To prepare and effectuate legal action for continuity of government in the event of
emergency;
(f) To coordinate and advise government departments in development and
implementation of the emergency and disaster operations plan and other required
agencies or groups;
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(g) During periods of emergency, to obtain vital supplies and equipment lacking,
needed for the protection of life and property of people and bind the City for the
value thereof and if required immediately, requisition same; and
(h) To procure federal and state assistance through emergency management channels
and through federal assistance programs in such areas as law enforcement, highway
safety, ambulance procurement, or emergency medical services and others.
In addition to the above duties, the Director of Emergency Management shall be
responsible during an emergency to advise the City Manager in operational situations,
public information and privileged information implementation of the emergency plan, to
direct and coordinate the activities of the emergency operation center staff, and to assist
the mayor in assuring the execution of operations plans and procedures required by the
emergency.
Section 4: Disaster Plan.
The Director shall prepare a comprehensive disaster basic plan which shall be adopted and
maintained by resolution of the council upon the recommendations of the Director. Incorporated
into such plan and expressly made a part thereof, shall be a crisis communications plan. In the
preparation of this plan as it pertains to city organization, it is the intent that the services,
equipment, facilities and personnel of all existing departments and agencies be used to the fullest
extent.The disaster plan shall be considered supplementary to this ordinance and have the effect
of law whenever emergencies have been proclaimed.
State Law Reference O.C.G.A. § 49-5-233
Section 5: Emergency; Special Powers.
In the event of man-made or natural disaster, mass electrical failure, rioting, actual enemy
attack upon the United States or any other emergency which may affect the lives and property,
the mayor may declare that a state of emergency exists by written proclamation setting out the
circumstances of the emergency and thereafter the City Manager, or in his/her absence, the
Director of Public Safety, shall have and may exercise for any period as this state of emergency
exists or continues, the following emergency powers:
(a) to enforce all rules,laws and regulations relating to emergency management and to
assume direct operational control over all emergency management resources;
(b) to seize, take for temporary use, or condemn any property for the protection of the
public;
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(c) to sell, lend, give or distribute all or any property or supplies among the inhabitants
of the City; to maintain a strict accounting of property or supplies distributed and
for funds received for the property or supplies;
(d) to declare a limited or general curfew as may be needed to restore public order;
(e) ordering the closing of any business;
(f) closing to public access any public building, street or other public place;
(g) to prohibit or regulate the possession, sale or use of explosives, gasoline or other
flammable liquids, or dangerous weapons of any kind, excluding firearms or
components of firearms; and
(h) to perform and exercise any other functions and duties and take any emergency
actions as may be necessary to promote and secure the safety, protection and well
being of the inhabitants of the City.
Section 6: Mutual Aid.
In periods of local emergency, the City is granted full power to provide mutual aid to any
affected area in accordance with local laws, ordinances, resolutions, emergency plans or
agreements therefore. The City may request from state agencies mutual aid, including personnel,
equipment and other available resources to assist the city during the local emergency plans or at
the directions of the governor.
Section 7: Civil Liabilities.
(a) The City shall not be liable for any claim based upon the exercise or performance,
or the failure to exercise or perform, a discretionary function or duty on the part of
the city or any employee of the city excepting willful misconduct, gross negligence
or bad faith of any such employee, in carrying out emergency services as defined in
Article 2 above.
(b) The immunities from liability, exemptions from laws, ordinances and rules, all
pensions, relief, disability workers’ compensation and other benefits which apply
to the activity of officers, agents or employees of the City when performing their
respective functions within the territorial limits of the City shall apply to them to
the same degree and extent while engaged in the performance of any of their
functions and duties extra territorially under the provisions of this chapter,
excepting willful misconduct, gross negligence, or bad faith.
(c) Volunteers duly enrolled or registered with the City in a local emergency, a state of
emergency, or a war emergency, or unregistered persons placed into service during
a state of war emergency, in carrying out, complying with, or attempting to comply
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with any order or regulation issued pursuant to the provisions of this chapter or
performing any of their authorized functions or duties or training for the
performance of their authorized functions or duties, shall have the same degree of
responsibility for their actions and enjoy the same immunities as officers and
employees of the City performing similar work.
Section 8: Adoption of the National Incident Management System
It is the policy of the City to adopt the National Incident Management System as
promulgated by the Federal Emergency Management Agency under the auspices of the
Department of Homeland Security. It is the policy of this City to use the National Incident
Management System to organize all emergency management activities and to encourage its use
by community partners though training and mutual aid exercises that employ this system.
Articlee 4: Fire Code
Section 1: Fire Chief and Fire Marshall
The City Manager shall appoint the Fire Chief and the Fire Marshal.
Section 2: Fire Prevention duties.
A.The fire prevention code shall be enforced by personnel in the city fire
department, which is established and which shall be operated under the
supervision of the fire chief.
B.The fire chief may detail members of the fire department as inspectors. If
necessary these inspectors may be reassigned to the fire fighting force at the
discretion of the fire chief.
Section 3: Fire limits of city; storage of explosives, flammable liquids and liquefied petroleum
gases.
Districts within the city where storage of explosives, flammable liquids or liquefied
petroleum gases are restricted or permitted under the fire prevention code shall be legally
described in a map entitled City of Milton Fire District.
Maps, which shall be approved by the city council and maintained in the office of the city
clerk, for inspection by the public.
Section 4: Modifications
The fire chief or fire marshal shall have power to modify any of the provisions of the fire
prevention code upon application in writing by the owner or lessee, or a duly authorized agent,
Articl
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when there are serious difficulties in carrying out the strict letter of the code, provided that the
spirit of the code shall be observed, public safety secured, and substantial justice done. The
particulars of such modification, when granted or allowed, and the decision of the fire chief or
fire marshal thereon shall be entered upon the records of the fire department and a signed copy
shall be furnished to the applicant.
Section 5: Appeals
a. Any person aggrieved by an action of the fire chief, the fire marshal or other city
official or employee of the City of Milton fire department, including but not limited
to disapproval of an application, refusal to grant a permit, a determination that the fire
code or city ordinances does not apply or has been misconstrued, but excluding those
actions or violations which are within the purview of the state fire marshal or code
violations which are subject to the jurisdiction of municipal, state or federal court,
may appeal and be heard by the City’s construction board of appeals for construction.
b.All appeals, pursuant to this section, must be filed in writing with the City of Milton
public works department within 30 days from the date of the decision or action from
which the aggrieved party appeals. All appeals must be filed on forms which can be
obtained at the City of Milton public works department.
c.Any person aggrieved by an action of the city board of appeals for construction may
appeal within thirty (30) days to the Superior Court of Fulton County, Georgia by
writ of certiorari.
Section 6: New Materials, processes or occupancies which may require permits
The City Manager, the fire chief and the fire marshal shall act as a committee to
determine and specify, after giving affected persons an opportunity to be heard, any new
materials, processes or occupancies, which shall require permits in addition to those now
enumerated in the fire prevention code. The fire chief shall post the list, if any, in a conspicuous
place in his or her office, and distribute copies thereof to interested persons. The list shall be a
rule and regulation of the fire department and shall be adopted by the mayor and city council and
become effective upon approval, unless otherwise specified.
Section 7: Penalties
a.Any person who shall violate any of the provisions of the fire prevention and
protection code or fail to comply therewith or who shall violate or fail to comply with
any order made thereunder or who shall build in violation of any detailed statements,
specifications, plans submitted and approved thereunder or any certificate or permit
issued thereunder and from which no appeal has been taken within the time affixed
herein may be prosecuted for violations by the City after the person has been issued a
citation by a duly authorized officer of the fire department of the City of Milton or an
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authorized law enforcement officer of the police department of the City of Milton.
Upon conviction, the person shall be punished by a fine or imprisonment in
accordance with Section 11-4-080 of the City Code, as now or hereafter amended.
The imposition of one penalty for any violation shall not excuse the violation or
permit it to continue, and all such persons shall be required to correct or remedy the
violations or defects within 30 days. Each day’s continuing violation shall be treated
as a separate offense.
b.In addition to all other provisions of this section, any violation of this chapter is
deemed to be a continuing nuisance and may be abated by an application of
injunction in the Superior Court of Fulton County or any other court of competent
jurisdiction.
Section 8: Authority at fires.
a.The fire chief or fire officers under his or her direction shall have full control over all
fire apparatus of the fire department in service at any fire. It shall be the duty of the
fire chief or his or her designee to superintend the fire department while performing
any public duty in fighting a fire; to give general and specific directions as to the
manner of fighting fires, the use of hose and apparatus, and the specific duties and
assignments of the various members of the fire department in attendance at a fire.
The fire chief may immediately suspend any member of the fire department for
insubordination at any fire.
b.Officers of the fire department, when at the scene of a fire, may direct or assist the
city police department in directing traffic in the immediate vicinity.
Section 9: Obstruction of or tampering with fire hydrants and apparatus prohibited.
a.It is unlawful for any person to place ashes, cinders, dirt, rubbish, building material or
any other material around or in close proximity to any fire hydrant so as to cause
hindrance or delay in access thereto, or prevent the free use thereof by the fire
department. No person shall, in any way, interfere with or tamper with any fire
hydrant or attempt to take water therefrom without special authority from the fire
chief or his or her designee. Any person who violates this section shall upon
conviction be punished in accordance with Section 11-4-080 of this Code, as now or
hereafter amended.
b.Without the consent of the fire chief, no person not an active member of the fire
department shall at any time ride upon any of the fire apparatus of the fire
department, nor shall any person make use of any fire apparatus, hose, or other
equipment of the fire department, other than for the purpose for which the equipment
was intended, without the consent of the fire chief.
Section 10: Certain acts interfering with firefighting activities.
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No person, except an active member of the fire department, shall at any time, enter within
the territory or vicinity of any fire, when the area is roped off or access is denied by the city
police, or interfere with or attempt to operate any of the apparatus or equipment of the fire
department or any fire hydrant, or interfere by giving orders to any individual, unless requested
to do so by the fire chief or fire officers under his or her direction. Any police officer or other
law enforcement officer; the owner or occupant of the property, and the city manager or any
other persons as may be specifically authorized by the fire chief or his or her designate, may
enter the restricted areas.
Section 11: Open burning.
Open burning is prohibited, with certain exemptions, in the city, as set forth in the code
ordinances. The provisions of Section 391-3-1.02(5) of the regulations promulgated by the
Georgia Environmental Protection Department under the Georgia Air Quality Act, as amended
from time to time are adopted and incorporated herein by reference. A copy of said regulation
shall be kept on file by the city clerk for inspection by the public.
Section 12: Posting of addresses.
a.All owners and occupants of improved real property lying within the City are
required to post the address of such real property owned or occupied by them with the
street address assigned to such property by the City of Milton, in such manner that
said address is clearly visible and legible from the street on which the improvement
on such property fronts. The obligation hereby imposed shall be the joint duty of all
owners and occupants of improved real property lying within the City. All owners
and occupants of improved real property lying within the City will have a grace
period of six (6) months from the effective date of this subsection to come into
compliance.
b. All owners of apartment complexes lying within the City are required to post the
building identified for each apartment building within the complex, whether the
identifier be a number or letter or a combination thereof, in such manner that said
building identifier is clearly visible and legible from the street or private drive on
which each building fronts. The identifier for each building within apartment
complexes lying within the city will be a minimum of one foot in height, will contrast
with the building itself so as to be highly visible, will be reflective so as to be seen
easily in darkness and will not be obstructed at any time by natural or man-made
objects. All owners of apartment complexes lying within the city will have a grace
period of six (6) months from the effective date of this subsection to come into
compliance.
c.All persons who violate this section shall be subject to a fine in an amount set by
resolution of the City Council. If the person does not remedy the violation, every
thirty (30) days shall be deemed a separate offense.
Section 13: Sprinkler protection required.
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a. As used in this section, the following terms shall have the meanings set forth herein:
1.“Commercial” refers to a business involved in the exchange of services,
productions, or property of any kind; the buying, selling and exchange of
articles.
2.“Multifamily residential structures” refers to a structure with a maximum
of four stories in height, except duplex and free standing single family
residences. A story is defined as that portion of a building included
between the upper surface of the floor and the upper surface of the floor or
roof next above.
3.“New,” for the purposes of this section, shall include any additions to
existing buildings, whether vertically or horizontally, or any existing
building or structure which shall be deemed to be a new building in the
event such building or structure is subject to substantial renovation or a
fire or other hazard of serious consequence. For purposes of this
subsection, the term “substantial renovation” shall mean any construction
project involving exits or internal features of such building or structure
costing more than the building’s or structure’s gross assessed value
according to county tax records at the time of such renovation.
4.“Approved system-commercial/residential,” for commercial buildings
over 5,000 square feet, or residential structures, or those structures
required to be sprinkled by some other code, means a sprinkler system
designed in accordance with National Fire Protection Association
Standards and referenced publications.
5.Approved system-commercial areas less than 5,000 square feet, for light
hazard areas, i.e. offices and shipping areas, of commercial buildings less
than 5,000 square feet a modified sprinkler system may be used. This
system may be used upon appeal to the fire marshal’s office by the owner
of the building.
6.“Modified sprinkler system” is a combination sprinkler system operating
off the domestic water supply designed in accordance with specifications
on file in the fire marshal’s office.
b.All new commercial buildings shall be protected throughout with an approved
automatic fire protection system.
1. For buildings less than 15,000 square feet constructed mainly for the
storage of products with limited life loss potential some flexibility may be
allowed. The owner may petition to the fire marshal for exception to
sprinklers in the storage areas. The fire marshal will give consideration to
such things as building construction, products stored, arrangement of
storage, number of employees in the area, access to the building, and any
other fire protection features provided. This exception will not be allowed
for additions to existing sprinkled buildings.
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For buildings storing materials that are water reactive or may be damaged
by water fighting a fire, than by a fire, the fire marshal’s office shall use
the same considerations.
2. Additions to existing unprotected buildings where the addition totals less
than 1,000 square feet; provided, however, the addition must be separated
by fire rated construction in accordance with the City of Milton Building
Code and is not required to be protected by some other applicable code.
c.All new multifamily residential structures shall be protected throughout with an
approved automatic fire protection system.
d.All new one-family and two-family dwellings built closer than 20 feet from another
structure or closer than ten feet to the property line must be sprinkled with an
approved system.
e.There shall be early fire detection systems in all sections of multifamily occupancies.
Existing buildings may have an approved battery operated smoke detector. The
bureau of fire prevention may require a hard-wire detection system if battery operated
detectors are not maintained according to manufacturer’s recommendation.
f.The owner is responsible for the inspection and testing of the sprinkler system in
accordance with the rules of the Georgia Safety Fire Commissioner.
g.If this code section in any way conflicts with the provisions in the Standard Building
Code, the Fire Prevention Code, or the Life Safety Code, the more restrictive shall
apply.
Section 15: Application of building and fire related codes to existing buildings.
a. O.C.G.A. § 8-2-200 et seq., and all subsequent amendments thereto, is adopted and
incorporated by reference and shall be controlling in the corporate limits of the city.
A copy will be on file in the office of the city clerk for inspection by the public.
b. Any other provision(s) of the city Code of Ordinances which does not adopt state law
by reference and which is more restrictive than the rules of the Georgia Safety Fire
Commissioner shall be controlling over the rules of the Georgia Safety Fire
Commissioner.
c. All amendments, deletions, additions or supplements to O.C.G.A. § 8-2-200 et seq.
may be adopted by an ordinance of council, and thereby incorporated herein;
provided, that any changes in the standard text shall be made available to the public
for inspection in the office of the city clerk.
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Section 16: Plan review and inspection fee schedule relating to fire marshal requirements
The City and the Department of Public Safety, in accordance with common professional practice,
hereby establishes a fee schedule for plan reviews and inspections conducted by the fire marshal.
These fees are established in addition to any and all fees levied by the other relevant city
departments.
a. Plan Review Fees
Structural Plan Review
5000 Sq Feet or Less $125.00
More than 5000 Sq Feet $ 0.25 per sq. foot
Site Development Plan Review $100.00
Sprinkler Only Plan Review $100.00
Fire Alarm Only Plan Review $ 75.00
Commercial Hood Only Plan Review $ 50.00
b. Inspection Fees
80% Inspection $100.00
Final Inspection $100.00
Occupancy Inspection $100.00
Miscellaneous/Other Fire Inspection $100.00
Re-Inspection Fee $100.00
After-Hours Inspection (by Request) $150.00
Section 17: Key lockbox system for commercial, residential and other locations with restricted
access through locked gates.
a. The following structures shall be equipped with a key lock box at or near the main
entrance or such other location required by the Fire Marshal:
1.commercial or industrial gated structures that are secured in a
manner that restricts access during an emergency;
2.multi-family residential structures that have restricted access
through locked gates;
3. governmental structures and nursing care facilities with gated
entrances.
b. All newly constructed structures, communities, or complexes subject to this
section shall have the key lock box installed and operational prior to the issuance
of an occupancy permit. All structures, communities, or complexes in existence
on the effective date of this section and subject to this section shall have one year
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from the effective date of this section to have a key lock box installed and
operational.
c. The Fire Marshal shall designate the type of key lock box system to be
implemented within the city and shall have the authority to require all structures
to use the designated system.
d.The owner or operator of a structure, community, or complex required to have a
key lock box shall, at all times, keep a key in the lock box, or maintain the
operation of the box at all times.
e.The Fire Marshal shall be authorized to implement rules and regulations for the
use of the lock box system.
f.Any person who owns or operates a structure, community, or complex subject to
this section shall be subject to the penalties set forth in all sections of this code for
any violation of this section, provided that the maximum fine for a conviction for
a violation of this section shall be $1,000.00.
g.All requests for the designated key lock box system shall be coordinated through
the Fire Marshal and get approval for the location of the box on each site.
h. This Ordinance shall take effect immediately upon its passage.
Section 18: Key lockbox system for certain buildings as designated by the Fire Marshal.
a. The following structures shall be equipped with a key lock box at or near the main
entrance or such other location required by the Fire Marshal:
1.commercial or industrial structures protected by an automatic
alarm system or automatic suppression system, or such structures
that are secured in a manner that restricts access during an
emergency;
2.multi-family residential structures that have restricted access
through locked doors and have a common corridor for access to the
living units;
3.governmental structures and nursing care facilities.
b. All newly constructed structures subject to this section shall have the key lock
box installed and operational prior to the issuance of an occupancy permit. All
structures in existence on the effective date of this section and subject to this
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section shall have one year from the effective date of this section to have a key
lock box installed and operational.
c. The Fire Marshal shall designate the type of key lock box system to be
implemented within the city and shall have the authority to require all structures
to use the designated system.
d. The owner or operator of a structure required to have a key lock
box shall, at all times, keep a key in the lock box that will allow for access to the
structure.
f. The Fire Marshal shall be authorized to implement rules and regulations for the
use of the lock box system.
g. Any person who owns or operates a structure subject to this section shall be
subject to the penalties set forth in all sections of this code for any violation of
this section, provided that the maximum fine for a conviction for a violation of
this section shall be $1,000.00.
h.All requests for the designated key lock box system shall be coordinated through
the Fire Marshal and get approval for the location of the box on each site.
g. This Ordinance shall take effect immediately upon its passage.
Article 5. Fire Lanes
Section 1: Purpose and Scope.
It is the declared purpose of this article to provide for the designation and identification
of the lanes; for the manner, method and language for the posting of signs; to establish the
penalty for violation of this chapter; to identify and designate the persons who have authority to
enforce the chapter and the limits of such authority; to prohibit parking in fire lanes; to provide
for the method of submitting properties to this chapter; to repeal all ordinances in conflict
herewith; and for other purposes.
Section 2: Definitions.
The words used in this chapter shall have their normal accepted meanings except as set
forth below:
a. “Authorized emergency vehicle” means a motor vehicle belonging to a public utility
corporation and designated as an emergency vehicle by the department of public
safety; a motor vehicle belonging to a fire department or a certified private vehicle
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belonging to a volunteer fireman or a firefighting association, partnership, or
corporation; an ambulance; or a motor vehicle belonging to a federal, state, or local
law enforcement agency, provided such vehicle is in use as an emergency vehicle by
one authorized to use it for that purpose.
b. “Enforcement officer(s)’ shall refer to any duly authorized law enforcement officer
employed by the City.
c. “Fire lane(s)” are areas designated by the fire official providing access for fire
department vehicles to buildings, fire department connections and fire hydrants. This
includes all alleys, driveways or lanes, devoted to public use, where the parking of
motor vehicles or other obstructions can interfere with the ingress or egress of fire
department vehicles for the protection of persons and properties including, but not
limited to, shopping centers, theaters, hospitals, bowling lanes, churches, multi-family
housing, and high-rise buildings.
d. “Fire official” means the fire officer or other designated authority, or their duly
authorized representative, charged with the administration and enforcement of the fire
prevention code.
e. “Master plats” means all original plats drawn in accordance with this chapter; all
copies distributed shall be from this original drawing.
f. “New building(s)” means any commercial structure or public facility whose
certificate of occupancy was issued after the effective date of December 1, 2006.
g. “Plats” shall refer to maps created by the building owner and approved by the fire
marshal which depict the location and boundaries of land and all existing fire lanes in
accordance with this chapter. Such maps shall be drawn to scale.
h. “Property owner(s)” shall refer to each person, firm, corporation, or entity possessing
any estate, or leasehold right in the property being designated as fire lane(s).
i. “Ticket” shall mean an order issued out of court by an enforcement officer of the city
directing a violator of this chapter to comply with all civil fines as set forth.
Section 3: Identification.
A.Every existing building and all new buildings shall be accessible to fire department
apparatus by way of designated fire lanes with an all-weather driving surface of not
less than twenty (20) feet of unobstructed width. There shall be a minimum roadway
turning radius of thirty-five (35) feet. There shall be a minimum vertical clearance of
thirteen (13) feet, six (6) inches. The minimum hard surface subbase paving
specification shall be at least one and one-half (1 ½) inches of asphalted topping on at
least six inches of bound crushed stone, or the equivalent, capable of supporting the
gross vehicle weight of fire apparatus. During construction, when combustibles are
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brought onto the site in such quantities as deemed hazardous by the fire official,
access roads and a suitable temporary supply of water acceptable to the fire
department shall be provided and maintained.
a.Where fire protection systems approved by the fire official are provided, the
above required clearances may be modified by the fire official.
b.The fire official shall have the authority to require an increase in the minimum
access widths where they are inadequate for fire or rescue operations.
c.The creation, deletion, or modification of a fire lane shall be done in the best
professional judgment of the fire official.
B.Any owner of a building aggrieved by the decision of the fire official under this
section may appeal from the decision of the fire official to the city manager within
thirty (30) days from the date of the fire official’s decision. All appeals to the city
manager shall be in writing setting forth the reasons for the appeal. The city manager
shall issue a written decision to the owner within thirty (30) days from the receipt of
the written appeal from the owner.
C.The areas designated as fire lanes shall have signs posted meeting the following
criteria:
1.Sings to read “No Parking Fire Lane.”
2.Letters shall not be less than two inches in height.
3.One sign shall be posted at the beginning of the fire lane and one at the end of
the fire lane; each sign shall be erected not more than fifty (50) feet apart.
4.Signs posted shall not be more than four feet from the edge of the curb and
shall be visible from both direction of the driving surface.
D.The fire official may order curbs to be painted yellow or other distinctive colors.
Section 4: Approval; subsequent maintenance.
All fire lanes shall be approved by the fire official pursuant to these regulations, and
thereafter these fire lanes shall be maintained by the property owner. Designated fire lanes or
roads deemed necessary for fire department access by the fire official shall be maintained in a
passable condition.
A.Private property owners or their representatives shall be responsible for keeping
all fire lanes on their property free from obstructions.
B.Public property owners, the City of Milton, or their representatives shall be
responsible for keeping all fire lanes within the city’s jurisdiction free of
obstructions.
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Section 5: Erection of signs.
No person or property owner shall place, erect or maintain any sign for control of parking
or traffic which includes the words “Fire Lane” unless such location has been designated a fire
lane by the fire official. Any failure to meet the applicable requirements specified in the Milton
City Code shall be subject to a fine of one hundred and fifty dollars ($150.00) for each violation,
provided, however, that the fine will be waived if the required specifications are made within
fourteen (14) days from the date of citation. If that private or public property owner fails or
refuses to meet said requirements on his property within such fourteen (14) days he shall, on the
15th day after receiving the citation, be subject to the one hundred and fifty dollar ($150.00) fine
for each violation and an additional ten dollar ($10.00) fine for each violation for each day that
the owner fails to comply with the provisions of this section until the area is properly designated
and constructed. Each additional day shall be construed as an additional violation. All fines
assessed under this section shall be paid into the treasury of the City.
Section 6: Violations.
No person shall park any motor vehicle, including a motorcycle, in a fire lane; provided,
however, this section shall not apply to the parking of an authorized emergency vehicle on
official business.
A.Enforcement of this section shall be through a civil action in municipal court by
the issuance of a ticket which shall be either left with the vehicle or delivered to
the person in possession thereof. For purposes of such civil action, it shall be
presumed that the registered owner of said vehicle is in control or possession
thereof.
1.The first violation of parking in a fire lane within any thirty (30) day
period shall be punished by a twenty five dollar ($25.00) civil fine;
provided, however, the second violation within any thirty (30) day period
shall be punishable by a civil fine of forty dollars ($40.00); and a civil fine
of fifty dollars ($50.00) may be levied for each violation thereafter
occurring within any thirty (30) day period.
2.The person receiving a ticket for violation of this section may pay the civil
fine(s) by return mail to the municipal court of the city or his designated
receiver within forty-eight (48) hours of the issuance of the ticket or may
request a hearing within forty-eight (48) hours to contest the issuance of
the ticket. In the event the civil fine is not paid within forty-eight (48)
hours, the municipal court may issue a citation for contempt requiring the
offender to show cause why he failed to pay the fine within the time frame
allowed by this section. Upon conviction thereof, the municipal court may
impose a fine as provided by law.
B.Upon any person to whom a ticket has been issued under this section, a uniform
traffic citation may be obtained with a hearing date thereon from the police officer
or uniformed fire inspector whereupon it shall be returnable to the municipal
court.
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Violation of this section shall be enforced through a civil action. The burden of proof
shall be on the city. The standard of proof shall be by a preponderance of the evidence;
provided, however, the aforementioned presumption in subsection (A) of this section
shall apply.
Section 7: Enforcement Authority.
A duly authorized law enforcement officer employed by the city and uniformed fire
inspectors shall have the authority for enforcement of fire lanes.
Section 8: Emergency Authority
In addition to all powers authorized by state law, as amended, in the event of any fire,
explosion, bomb threat, or similar emergency, the fire department in the City shall be authorized
to prevent the blocking of any public or private street, road or alley, way or driveway, or
emergency lane, during any such emergency or remove any vehicles or obstructions necessary.
The officers, members, agents or employees of the fire department of the city shall not be liable
at law for any act or acts done while actually fighting a fire or performing duties at the scene of
an emergency.
Section 9: Liability for enforcement of article pertaining to maintenance and clearing.
The City of Milton assumes no liability for any damages, injuries, or deaths resulting
from enforcement or lack of enforcement of the laws pertaining to maintenance and clearing of
the fire lanes. The City has the authority to issue individual tickets or citations for fire lane
violations, but the property owner has the ultimate responsibility to clear the fire lanes.
Section 10: Enforceability of properly placed signs.
The disregard or disobedience of the instruction of any sign placed in accordance with the
provisions of this chapter by the driver of a vehicle shall be deemed prima facie evidence of a
violation of law, without requiring proof by whom and by what authority such sign has been
erected.
Section 11: Petition requesting application of chapter to properties.
Properties may become subject tot his chapter by submitting a petition from the property
owner or fully authorized agent of the property owner requesting this chapter to apply. The
petition shall be submitted to the fire official and, upon approval, the property shall become
subject to this chapter and its subsequent revisions.
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Section 12: Descriptions for fire official.
Property which falls within the jurisdiction of the City of Milton shall have all fire
delineations visually depicted on a plat. These plats shall be designed by the owner and
submitted to the City of Milton Fire Department and copies shall be maintained with the city
clerk. Each visual depiction shall identify all building exterior walls, traffic and parking lanes,
and sidewalks. The area(s) to be designated as fire lane(s) shall be delineated in red ink. The
plat shall state a scale of measurement and shall be on paper or a series of pages of 8 ½ by 11
inches. The plat identification shall specify the name of the property, a brief legal description of
the property, and the length and width of the fire lane(s), as approved by the fire official, with
whom all master plats will be filed.
Article 6: Police Department.
Section 1: Composition and Purpose
The police department shall be composed of the chief of police and any police officers or
other employees as may be necessary. Its purpose is to enforce City of Milton ordinances, and
county, state and federal law within its jurisdiction so as to maintain the peace, good order and
tranquility of the city. Enforcement powers shall include the arrest and prosecution for any
violation of such laws. The police department may be assisted by others as may be authorized by
mayor and council, or as provided in any duly executed intergovernmental contract or mutual aid
agreement.
Section 2: Chief of Police; Acting Chief.
Under the general direction of the city manager, the chief of police will direct the
administration and operation of all services of the City of Milton police department and shall
establish the policies, directives, rules and regulations for the administration and operations of
the department. The chief is the executive officer of the department and shall ensure that all
laws, both state and federal, ordinances and regulations are enforced and that life and property
are protected. The chief shall establish divisions within the department in accordance with the
needs of the City of Milton, and shall monitor the daily functions of all such divisions within the
department. His/her responsibilities shall include overseeing accreditation and training,
supervising operations, and reviewing decisions related to hiring, disciplining, and evaluation of
department personnel.
In the chief’ s absence from the city or when for any reason the chief of police is unable to
attend to the duties of his/her office, he/she shall designate a person to be acting chief and such
designated person shall assume the duties of the chief of police for such designated time.
Section 3: Oversight by Public Safety Committee.
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The Public Safety Committee shall oversee the operation of the Police Department. The
Police Chief shall serve as a liaison to such Committee and make periodic reports as requested.
Section 4: Operations Manual.
The Chief of Police shall prepare and institute any Standard Operating Procedures or other
operational guidelines as are consistent with the professional and legal dictates of current law
enforcement practice. These procedures and policies shall be the Department Operations Manual
and shall be made available to all employees of the police department.
Section 5: Patrol Powers.
(a) The police officers of the city shall have the authority to patrol over any street, alley,
path sidewalk, or park in and around any stores, cafes, taverns restaurants, dance
halls, service stations or any other establishment in the city.
(b) An officer while on duty for the city shall have authority to enter any type of business
while open to the public and check to see if everything is being carried on in a lawful
manner. After business hours and while closed to the public, an officer for the city
has authority to check places of business, to see if the doors and windows are safely
locked.
(c) An officer for the city shall have the authority to check and investigate, enter and
patrol any park, business, residence or public place within the city limits if the officer
has probable cause or sufficient reason to believe some act is being committed which
would involve the violation of a law or a city ordinance; a personal injury or damage
to property; or if any of the above appear to be imminent.
(d) No police officer shall enter a private dwelling without a search or arrest warrant
unless he has the voluntary consent of the owner or occupant or he is in pursuit of a
fugitive who the officer has personal knowledge or probable cause to believe has
committed or attempted to commit a felony.
Section 6: Compensation for Testifying.
Any law enforcement officer subpoenaed by the Municipal Court of the City of Milton
will be entitled to compensation from the City of Milton for his or her appearance at a court
session when such officer attends in an off-duty status.
Section 7: Abuse of Position.
(a) No police officer shall use his official position or official identification cards or badges:
(1) for personal or financial gain;
(2) for obtaining privileges not otherwise available to the officer except in the
performance of duty; or
(3) for avoiding consequences of illegal acts.
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(b) Police officers may not lend their identification cards or badges to another person, or
permit them to be photographed or reproduced without the approval of the chief.
Section 8: Endorsements and Referrals.
Police officers shall not recommend or suggest in any manner, except in the transaction of
personal business, the employment or procurement of a particular product, professional service
or commercial service such as an attorney, ambulance, towing service, bondsman, mortician or
the like. In the case of ambulance or towing service, when such service is necessary and the
person needing the services is unable or unwilling to procure it or requests assistance, officers
shall proceed in accordance with established departmental procedures.
EFFECTIVE DATE
This ordinance shall become effective upon adoption and approval by the City Council
of the City of Milton, Georgia.
SEVERABILITY
Should any section or provision of this ordinance be declared by a court of competent
jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the
ordinance as a whole nor any part thereof other than the part so declared to be invalid or
unconstitutional. All ordinances or resolutions, or parts thereof, in conflict with this ordinance
are repealed.
ORDAINED by the City Council of the City of Milton, Georgia, this 2nd day of
June, 2008.
JOE LOCKWOOD
Mayor & Presiding Officer
City Council
City of Milton, Georgia
Attest:
________________________________
Jeanette R. Marchiafava, City Clerk
21
City of Milton
13000 Deerfield Parkway, Suite 100 Alpharetta, Georgia 30004
To: Honorable Mayor and City Council Members
From: Connie Jacobs, Human Resources Manager
Date: Submitted on July 15, 2008 for August 4, 2008 City Council Meeting
Agenda Item: Approval of a Revised Georgia Municipal Employee Benefit System Official
Plan Document for Retirement Program
CMO (City Manager’s Office) Recommendation:
Adopt the attached ordinance accepting the Retirement Plan Document outlining the details of
the Georgia Municipal Employee Benefit System retirement plan for City of Milton employees
and authorizing staff to execute all necessary documents required by the plan administrator.
Background:
As part of the City’s employee benefit program, the City Council approved a retirement package
for employees as part of the annual budget ordinance. At that time, Georgia Municipal
Employee Benefit System (GMEBS) was identified as the recommended vendor for pension
program services. Since that time, both City and GMEBS staff have been working out the
details of the official plan document. The GMEBS-enabling statute requires that member cities
adopt the plan via ordinance. The plan document has been finalized and before you tonight for
approval.
Discussion:
The plan document outlines items such as
• Employee eligibility requirements,
• Credit for past service,
• Normal and early retirement eligibility,
• Retirement formulas,
• Employee contributions,
• Distribution options, and
• Vesting requirements.
The revised Adoption Agreement reflects that the seven (7) year vesting requirement that
applied to other employees under the plan will not apply to the City Manager position, and the
current and future City Managers will be immediately vested in their retirement benefit.
The plan document also has been revised to eliminate any reference to immediate vesting for
the City positions listed below:
• City Treasurer
• City Clerk
• Executive Aide to the Mayor
X:\City Clerk\Master Agendas 2008\August 4\Memo Pension Plan Document Agenda.doc 1
City of Milton
13000 Deerfield Parkway, Suite 100 Alpharetta, Georgia 30004
Once approved, the revised retirement plan will replace and supersede the original April 1, 2007
Adoption Agreement.
Concurrent Review:
Billy Beckett, City Manager
X:\City Clerk\Master Agendas 2008\August 4\Memo Pension Plan Document Agenda.doc 2
ORDINANCE NO. ______
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE ACCEPTING THE REVISED GEORGIA MUNICIPAL EMPLOYEE
BENEFIT SYSTEM OFFICIAL PLAN DOCUMENT FOR RETIREMENT PROGRAM
BE IT ORDAINED by the City Council of the City of Milton, GA while in a Regular called Council
meeting on ________________, 2008 at 6:00 p.m. as follows:
SECTION 1.That the retirement plan for the Employees of the City of Milton, Georgia is
hereby established as set forth in and subject to the terms and conditions stated in the attached
Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master
Plan Document, and the GMEBS Trust Agreement, 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 __________________, 2008.
_____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
GEORGIA MUNICIPAL EMPLOYEES
BENEFIT SYSTEM
DEFINED BENEFIT PLAN
ADOPTION AGREEMENT
for
City of Milton
GMEBS -Defined Benefit Plan Adoption Agreement
(Revised JuIy 2008)
TABLE OF CONTENTS
PAGE
AN ORDTNANCE ......................................................................................................................... 1
ADMINISTRATOR .................................................................................................................... 2
GOVERNTNG AUTHORITY ..................... ..,........................................................................ ...2
PLAN REPRESENTATIVE........................................................................................................... 2
PENSION COMMITTEE ............................................................................................................... 3
TYPE OF ADOPTION ........................ ....................................................................................... 3
EFFECTIVE DATE ........................................................................................................................ 4
PLAN YEAR .................................................................................................................................. 4
CLASSES OF ELIGIBLE EMPLOYEES ...................................................................................... 5
HOURS PER WEEK (REGULAR EMPLOYEES)................................................................... 6
MONTHS PER YEAR (REGULAR EMPLOYEES) ................................................................ 7
WAITING PERTOD ........................................................................................................................ 7
ESTABLISHING PARTICIPATION TN THE PLAN ................................................................... 7
CREDITED SERVICE ................................................................................................................... 8
CREDITED PAST SERVICE .................................................................................................... 8
PRIOR MILITARY SERVICE................................................ ............................................... 9
PRIOR GOVERNMENTAL SERVICE ................................................................................... 11
UNUSED SICWVACATION/PERSONAL LEAVE .............................................................. 12
ETIEMENT ELIGIBILITY ..................................................................................................... 13
EARLY RETIREMENT QUALIFICATIONS ......................................................................... 13
NORMAL ETIREMENT QUALIFICATIONS..................................................................... 14
I5..... ................................ALTERNATIVE NORMAL RETIREMENT QUALTFICATIONS
DlSABILIm BENEFIT QUALIFICATIONS ........................................................................ 26
RETIREMENT BENEFIT COMPUTATION............................................................................. I7
MAXIMUM TOTAL CREDITED SERVICE ......................................................................... I7
MONTHLY NORMAL RETIREMENT BENEFIT AMOUNT .............................................. 17
MONTHLY EARLY RETIREMENT BENEFIT AMOUNT .................................................. 19
MONTI-ILY LATE RETIREMENT BENEFIT AMOUNT ..................................................... 20
MONTHLY DISAB ILTTY BENEFIT AMOUNT ................................................................... 20
BENEFIT CAP FOR ELECTED OFFICIALS ........................................................................ 21
DISTRJBUTIONS FOR THOSE WHO REMAIN TN SERVICE AFTER NORMAL
RETIREMENT ........................ .............................................................................................. 21
COST OF LIVING ADJUSTMENT ....................................................................................... 22
RE-EMPLOYMENT AFTER RETIEMENT .......................... ,........................................ 22
TERMINATION OF EMPLOYMENT BEFOFE RETIREMENT; VESTNG .......................... 23
PRE-RETIREMENT DEATH BEWFITS .................................................................................. 24
IN-SERVICE DEATH BENEFIT ............................................................................................ 24
TERMTNAED VESTED DEATH BENEFIT ..................................... ................................... 25
.....................EMPLOYEE CONTRIBUTIONS
..............~..................................................... 26
EMPLOYER ADOPTION............................................................................................................
27
AN ORDINANCE
An Ordinance to amend a retirement plan for the Employees of the City of Milton,
Georgia in accordance with and subject to the terms and conditions set forth in the attached
Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan
Document, and the GMEBS Trust Agreement. When accepted by the authorized officers of the
City and GMEBS, the foregoing shall constitute a Contract between the City and GMEBS, all as
authorized and provided by O.C.G.A. 3 47-5-1 et seq.
BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia, and it is
hereby ordained by the autboriQ thereof:
Section 1. The retirement plan for the Employees of the City of Milton, Georgia is
hereby amended as set forth in and subject to the terms and conditions stated in the following
Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan
Document, and the GMEBS Trust Agreement.
[Ordinance continued on page 281
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 208)
GMEBS DEFINED BENEFIT PLAN
ADOPTION AGRlEEMENT
ADMINISTRATOR
Georgia Municipal Employees Benefit System
201 Pryor Street, SW
Atlanta, Georgia 30303
TeIephone: 404-688-0472
Facsimile: 404-577-6663
ADOPTING EMFLOYER
Name: City of Milton, Georgia
GOVERNING AUTHORITY
Name: Mayor and Council
Address: 13000 neefield Parkway, Building 100, Alpharetta, GA 30004
Phone: (678) 242-2525
FacsimCIe: (678) 242-2499
PLAN REPRESENTATIVE
[To represent Governing Authority in all camrnunications with GMEBS and Employees]
(See Article TI, Section 44 of Master Plan)
Name: Director of Operations
Address: 13000 Deerfield Parkway, Building 100, Alpharetta, GA 30004
Phone: (678) 242-2525
Facsimile: (678) 242-2499
E-mail: carol.wolfe@cityofmiltonga.us
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-2 -
PENSION COMMITTEE
[Please designate members by position. If not, members of Pension Committee shall be
determined in accordance with Article XIV of Master Plan]
Position:
Position:
Position:
Position:
Position:
Pension Committee Secretary: City Clerk
Address: 13000 Deerfield Parkway, Building 100, Alpharetta, GA 300Q4
Phone: (678) 242-2525
FacsimiIe: (678) 242-2499
E-mail: jeanette.marchiafava@cityofmiltonga.us
TYPE OF ADOPTION
This Adoption Agreement is for the following purpose (check one):
This is a new defined benefit plan adapted by the Adopting Employer for its Employees.
This plan does not replace or restate an existing defined benefit plan.
ci This is an amendment and restatement of the current GMEBS defined benefit plan or
other defined benefit plan of the Adopting Employer.
[XI This is an amendment of the Adoption Agreement previously adopted by the Employer
(please specify type below):
This is an amendment to change one or more of the Adopting Employer's benefit
design elections in the Adoption Agreement.
o This is an amendment to add a new Department or a new class of Eligible
Employees (If this box is checked, special addendum must be requested from
GMEBS to be completed as part of amendment).
This is an amendment to discontinue participation in the Plan by one or more
Departments or classes of Employees (If this box is checked, special addendum
must be requested from GMEBS to be completed as part of amendment).
Other (please specify): This is a technical correcfion to reflect Itbe Citv's
original intent that vesting be immediate for the Citv Manager (see page 24).
This amendment shall be retroactive to the original effective date of the Plan
IApril 1,2007).
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised duly 2008)
EFFECTWE DATE
1 Complete this item (1) only if this is a new defined benefit plan which does not replace
or restate an existing defined benefit plan.
The effective date of this Plan is
(insert effective date of this Adoption Agreement not earlier than January 1,1997).
(2) Complete this item (2) only if this is an amendment and complete restatement of the
Adopting Employer's existing GMEBS defined benefit plan.
Except as otherwise specifically provided in the Master Document or in this Adoption
Agreement, the effective date of this restatement shall be (insert
effective date of this Adoption Agreement not earlier than January 1, 1997). This Plan
is adopted as an amendment and restatement of the Employer's preexisting GMEBS plan,
which became effective on (insert original effective date of
preexisting GMEBS plan).
(3) Complete this item (3) only if this Plan is being adopted to replace a aon-GMEBS
defined benefit plan.
Except as othenvise specifically provided in the Master Document or in this Adoption
~~kment,the effective date bithis restatement shall be (insert
effective date of this Adoption Agreement not earlier than January 1,1997). This Plan
is intended to replace and serve as an amendment and restatement of the Employer's
preexisting plan, which became effective on (insert original
effective date of preexisting plan).
(4) Complete this item (4) only if this is an amendment of the Adoption Agreement
previously adopted by the Employer.
The effective date of this amendment shaIl be April 1.2007.
PLAN YEAR
Plan Year means (check one):
Calendar Year
Employer Fiscal Year commencing
Other (must specify): Januaw T -Decern ber 31.
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-4-
CLASSES OF ELIGIBLE EMPLOYEES
Only Employees of the Adopting Employes who meet the Master Plan's definition of
"Employee" may be covered under the Adoption Agreement. Independent contractors, leased
employees, and nonresident aliens may not participate in the Plan.
Eligible Reular Ernplovees
Regular Employees include Employees, other than elected or appointed members of the
Governing Authority or Municipal Legal Offkers, who are regularly employed in the services of
the Adopting Employer. Subject to the other conditions of the Master Plan and the Adoption
Agreement, the following Regular Employees are eligible to participate in the Plan (check one):
IXI ALL -All Regular ErnpIoyees, provided they satisfy the minimum hour and other
requirements specified under "Eligibility Conditions" below.
ALL REGULAR EMPLOYEES EXCEPT far the following empIoyees (must specifyS:
Elected or Appointed Members of the Governing Authority
An Adopting Employer may elect to permit participation in the Plan by elected or appointed
members of the Governing Authority and/or Municipal Legal Officers, provided they otherwise
meet the Master Plan's definition of ""Emp1oyee"and provided they satisfy any other
requirements specified by the Adopting Employer. Municipal Legal Oficers to be covered must
be specifically identified by position. Subject to the above conditions, the Employer hereby
elects the following treatment for elected and appointed officials:
Elected or Appointed Members of the govern in^ AuthoriW [check one):
H ARE NOT eligible to participate in the Plan.
ARE eligible to participate in the Plan.
Please specify any limitations on eligibility to participate here (e.g., service on or after certain
date):
GMEBS -Defined Benefit Plan Adoption Apeement
(City of Milton -Revised July 2008)
-5-
Municipal Legal Officers (check one):
H ARE NOT eligible to participate in the Plan.
n ARJ3 eligible to participate in the Plan. The term "Municipal Legal Oficer" shall include
only the folIowing positions (must specifZr):
Please specify any limitations on eligibility to participate here (e.g,, service on or after certain
date):
ELIGIBILITY CONDITIONS
HOURS PER WEEK (REGULAR EMPLOYEES)
The Adopting Employer may specify a minimum number of hours per week which are
required to be scheduled and worked by Regular Employees in order for them to become and
remain "Eligible Regular Employees" under the Plan. It is the responsibility of the Adopting
EmpIoyer 20 determine whether these requirements are and continue to be satisfied. The
Employer hereby elects the following minimum hour requirement for Regular Employees:
No minimum
20 hourslweek (regularly scheduled)
30 hourdweek (regularly scheduled)
Other: 35 hourslweek (must not exceed 40 hourdweek regularly scheduled)
Exceptions: If a different minimum hour requirement applies to a particular class or classes of
Regular Employees, please specify below the classes to whom the different requirement applies
and indicate the minimum hour requiremenE applicable to them.
CIass(es)of Regular Employees to whom exception applies (muslt specify):
Minimum hour requirement applicable to excepted Regular Employees:
No minimum
[7 20 hourslweek (regularly scheduled)
30 hourslweek (regularly scheduled)
Other; (must not exceed 40 hourslweek regularly scheduled)
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-6-
MONTHS PER YEAR (REGULAR EMPLOYEES)
The Adopting Employer may specify a minimum number of months per year which are
required to be scheduled and worked by Regular EmpIoyees in order for them to become and
remain "Eligible Employees" under the Plan. It is the responsibility of the Adopting
Employer to determine whether these requirements are and continue to be satisfied. The
Employer hereby elects the following minimum requirement for Regular Employees:
IJ No minimum
[XI At least 6 months per year (regularly scheduled)
WAITING PERIOD
Unless otherwise specified by the Adopting Employer in an addendum to this Adoption
Agreement, Regular Employees shall be required to complete one (1) year of continuous,
uninterrupted Service with the Adopting Employer before they qualify for participation in the
Plan. The determination as to whether the waiting period has been satisfied shall be made in
accordance with provisions of the Master Plan.
ESTABLISHING PARTICIPATION IN THE PLAN
Participation in the Plan is considered mandatory for a11 Eligible Employees who satisfy the
eligibility conditions specified in the Adoption Agreement. However, the Employer may specify
below that participation is optional for certain classes of Eligible Employees, including elected or
appointed members of the Governing Authority, Municipal Legal Oficers, City Managers,
and/or Department Heads. If participation is optional for an Eligible EmpIoyee, then in order to
become a Participant, he must make an election to participate within 120 days after employmen<
election or appointment to office, or if later, the date he first becomes eligible to participate in
the Plan. The election is irrevocable, and the failure to make the election within the 120-day
time limit shall be deemed an irrevocable election not to participate in the Plan.
Classes for whom participation is optional:
Elected or appointed members of the Governing Authority
Municipal Legal Oficers
Civ Manager
Department Heads
Other (must specify):
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Mitton -Revised July 2008)
-7-
CREDITED SERVICE
In addition to Current Credited Service the Adopting EmpIoyer may include as Credited
Service the following types of service:
CREDITED PAST SERVICE
Credited Past Service means the number of years and cornplere months of Service with the
Adopting Employer prior to the date an Eligible Employee becomes a Participant which are
treated as credited service under the Plan.
Eligible Employees Employed on Effective Date of GMEBS Plan. With respect to Eligible
Employees who are employed by the Adopting Employer on the original Effective Date of the
Employer's GMEBS Plan, Service with the Adopting Employer prior to the date the Eligible
Employee becomes a Participant (including any Service prior to the Effective Date of the Plan)
shall be treated as follows (check one):
w All Service prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service).
Q All Setrice prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Senice), except for Service tendered prior to
(insert date).
'O A11 Service prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service), except for (must specify other
[imitation):
Previously Employed, Returning to Service after Effective Date. Ef an Eligible Employee is
not employed on the original Effective Date of the Employer's GMEBS Plan, but he returns to
Service with the Adopting Employer sometime after the Effective Date, his Service prior to the
date he becomes a Participant (including any Service prior the Effective Date) shall be treated as
follows (check one):
A11 Service prior t~ the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service), subject to any limitations imposed above with
respect to Eligible Employees employed on the Effective Date.
XI All Service prior to the date the Eligible Employee becomes a Participant shall be
credited (as Credited Past Service), provided that after his return to employment,
the Eligible Employee performs Service equal to the period of the break in
Service or one (1) year, whichever is less. Any limitations imposed above with
respect to EIigible Employees employed on the Effective Date shall also apply.
LI Other limitation(s) (must specify):
GhAZEBS -Defined Benefit Plan Adoption Agreement
(City of MiMon -Revised July 2008)
-8 -
Eligible Employees Initially Employed After Effective Date. If an Eligible Employee's initial
employment date is after the original Effective Date of the Employer's GMEBS Plan, his
Credited Past Service shall include only the number of years and complete months of Service
from his initial employment date to the date he becomes a Participant in the Plan.
Newly Eligible Classes of Employees. If a previously ineligible class of Employees becomes
eligible to participate in the Plan, the Employer must specify in an addendum to this Adoption
Agreement whether and to what extent said Employees' prior service with the Employer shall be
treated as Credited Past Service under the Plan.
PRIOR MILITARY SERVICE
m: This section does not concern military service required to be credited under
USERRA -See Article In, Section 2 of the Master Plan for rules on the crediting of
USERR4 Military Service.
The Adopting Employer may elect to treat military service rendered prior to a Participant's initial
employment date or reemployment date as Credited Service under the Plan. UnIess otherwise
specified by the Employer under "Other Conditions" below, the term "Military Service" shall be
as defined in the Master Plan. Except as otherwise required by federal or state law or under
"Other Conditions" below, Military Service shall not include service which is credited under any
other local, state, or federa1 retirement or pension plan.
Militav Service credited under this section shall not include any service which is otherwise
required to be credited under the Plan by federal or state law. Prior Military Service shall be
treated as follows (check one):
Prior Military Service is not creditable under the Plan (if checked, skip to next
section -Prior Governmental Service).
Prior Military Service shall be counted as Credited Service for the fo1Iowing
purposes (check one or more as applicable):
Computing amount of benefits payable .
Meeting minimum service requirements for vesting.
Meeting minimum service requirements for benefit eligibility.
Maximum Credit for Prior Military Service.
Credit for Prior Military Service shall be limited to a maximum of years (insert nnm ber).
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-9-
Rate of Accrual for Prior Militav Service.
Credit for Prior Military Service shall accrue at the following rate (check one):
o One month of military service credit for every month(s) (insert
number) of Credited Service with the Adopting Employer.
One year of mililtary service credit for every year(s) (insert number) of
Credited Service with the Adopting Employer.
[71 All military service shall be creditable (subject to any caps imposed above) after
the Participant has completed years (insert number) of Credited Service
with the Employer.
Other requirement (must speciw:
Payment for Prior Militaw Semce Credit (check one):
Participants shall not be required to pay for military service credit.
Participants shall be required to pay for military service credit as follows:
The Participant must pay % of the actuarial cost of the service credit
(as defined below).
The Participant must pay an amount equal to (must specify):
Other Conditions for Award of Prior Militaty Service Credit (must specify):
Limitations on Senice Credit Purchases. For purposes of this section and the following
section concerning prior governmental service credit, the term "actuarial cost of the service
credit" means the present value of the Accrued Benefit relating to such additional service credit
determined as of the payment date and calcuIated based upon the assumptions specified in
Article XII, Section 7 ofthe Master Plan.
In the case of a service credit purchase, the Participant shall be required to comply with any rules
and regulations established by the GMEBS Board of Trustees concerning said purchases. The
Employer may elect to allow ErnpIoyees to make the purchase through payroll deduction and the
Employer may pick-up the amount to be contributed by the Employee in accordance with
Internal Revenue Code Section 414(h) and the Plan, subject to any conditions contained in
GMEBS' rules and regulations concerning service credit purchases.
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-10-
PRTOR GOVERNMENTAL SERVICE
Note: Prior service with other GMEBS employers shall be credited as provided under the-
Master PIan.
The Adopting Employer may elect to treat governmental service rendered prior to a Participant's
initial employment date or reemployment date as creditable service under the Plan. Subject to
any limitations imposed by law, the term "prior governmental service" shall be as defined by the
Adopting Employer below. The Employer elects to treat prior governmental service as follows
(check one):
Prior governmental service is not creditable under the Plan (if checked, skip to
next section -Unused SicWacationlPersona1 Leave).
Prior governmental service shall be counted as Credited Service for the following
purposes under the Plan (check one or more as applicabIe):
Computing amount of benefits payable.
Meeting minimum service requirements for vesting.
Meeting minimum service requirements for benefit eligibility.
Definition of Prior Governmental Service.
Prior governmental service shall be defined as follows: (must specify):
Unless otherwise specified above, prior governmental service shall include only full-time service
(minimum hour requirement same as that applicable to Eligible Regular Employees).
Maximum Credit for Prior Govesamental Service.
Credit for prior governmental service shall be limited to a maximum of years (insert
number).
Rate of Accrual for Prior GovernmentaI Service Credit.
Credit for prior governmental service shall accrue at the following rate (check one):
~3 One month of prior governmental service credit for every month(s) (insert
number) of Credited Service with the Adopting Employer.
One year of prior governmental service credit for every year(s) (insert
number) of Credited Service with the Adopting Employer.
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-11 -
A11 prior governmental service shall be creditable (subject to any caps imposed
above) after the Participant has completed years (insert number) of
Credited Service with the Adopting Employer.
Other requirement (must specif%):
Payment for Prior Governmental Sesvice Credit.
Participants shall not be required to pay for governmental service credit.
17 Participants shall be required to pay for governmental service credit as follows:
The Participant must pay -Yo of the actuarial cost of the service credit.
The Participant must pay an amount equal to (must specify):
An Adopting Employer may elect to treat accumuIated days of unused leave for which a
terminated Participant is not paid as Credited Service. The Pension Committee shall be
responsible to certify to GMEBS the total amount of unused leave which is creditable hereunder.
The Employer elects the foilowing treatment of unused leave:
Unused leave shall not be treated as Credited Service (if checked, skip to next
section -Retirement Eligibility).
The following types of unused leave for which the Participant is not paid shall be
treated as Credited Service under the Plan (check one or more as applicable):
Unused sick leave
Unused vacation leave
Unused personal leave
Other (must specify):
Minimum Service Requirement,
In order to receive credit for unused leave, a Participant must meet the following requirement at
termination (check one):
0 The Participant must be 100% vested in a normal retirement benefit.
i0 The Participant must have at least years (insert number) of Total
Credited Service (not including leave otherwise creditable under this section).
Q Other(mustspecifv):
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-12-
Use of Unused Leave Credit. Unused leave shall count as Credited Service for the following
purposes under the PIan (check one or more as applicable):
Computing amount of benefits payable.
LI Meeting minimum service requirements for vesting.
Meeting minimum service requirements for benefit eligibility.
Maximum Credit for Unused Leave.
Credit for unused leave shall be limited to a maximum of months (insert number).
Compvtation of Unused bve.
Unless otherwise specified by the Adopting Employer under "Other Conditions" below, each
twenty (20) days of creditable unused leave shall constitute one (1) complete month of Credited
Service under the PIan. Partial months shall not be credited.
Other Conditions (please specify):
Early retirement qualifications are (check one or more as applicable):
ta Attainment of age 55 (insert number)
Completion of 10 years (insert number) of Total Credited Service
Exceptions: If different early retirement eligibility requirements apply to a particular class or
classes of Eligible Employees, the Employer must specify below the classes to whom the
dinerent requirements apply and indicate below the requirements applicable to them.
Eligible Employees to whom exception appt ies (must specify):
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008) -13 -
Early retirement qualifications for excepted class(es) are (check one or more as applicable):
Attainment of age (insert number)
Completion of years (insert number) of Total Credited Service
NORMAL RETJREMENT QUALIFICATIONS
Note: Please complete this section and also Iist '"Alternative" Normal Retirement
Qualifications, if any, in next section.
Regular EmpIovees
Normal retirement qualifications for Regular EmpIoyees are (check one or mare as applicable):
Completion of 1years (insert number) ofTotal Credited Service
Exceptions: If different normal retirement qualifications apply to a particular class or classes of
Regular Employees, the Employer must specify below the classes to whom the different
requirements apply and indicate below the requirements applicable to them.
Class(es) of Regular Employees to whom exception applies (must specify):
Normal retirement qualifications for excepted class(es) are (check one or more as applicable):
Attainment of age (insert number)
Completion of years (insert number) of Total Credited Service
Elected or Appointed Members of Governing Avthoritv
Complete this section only if elected or appointed members of the Governing Authority or
Municipal LRgal Officers are permitted to participate in the Plan. Normal retirement
qualifications for this class are (check one or more as applicable):
0 Attainment ofage (insert number)
i~ Completion of years (insert number) of Total Credited Service
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised JuIy 2008)
-14-
ALTERNATIVE NOW RETLRJSMENT QUALIFICATIONS
PIease skip to the next section (Disability Benefit Qualifications) if the Adopting Employer
does not offer alternative normal retirement benefits under the Plan. The Employer may
elect to permit Participants to retire with unreduced benefits after they satisfy service andlor age
requirements other than the regular normal retirement qualifications specified above. The
Employer hereby adopts the following alternative normal retirement qualifications:
Alternative Normal Retirement Qualifications (check one or more, as applicable):
rJ AIternative Minimum Age & Service Qualificalions. (if checked, please
complete one or more items below, as applicable):
Attainment of age (insert number)
IJ Completion of years (insert nwmber) of Total Credited
Service
This alternative normal retirement benefit is available to:
IJ All Participants who qualify.
Only the following Participants (must specify):
A Participant (check one): a is required is not required to be in the service of
the Employer at the time he satisfies the above qualifications in order to qualify
for this alternative normal retirement benefit.
RuIe of (insert number). The Participant's combined Total Credited
Service and age must equal or exceed this number. Please complete additional
items below:
To qualify for this alternative normal retirement benefit, the Participant (check
one): must have attained at least age (insert number) CI must not
satisfy any minimum age requirement.
This alternative normal retirement benefit is available to:
All Participants who qualify.
Only the following Participants (must specify):
A Participant (check one): is required is not required to be in the service of
the Employer at the time he satisfies the Rule in order to qualify for this
alternative normal retirement benefit.
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2QQS) -15 -
Alternative Minimum Service. A Participant is eligible for an alternative
normal retirement benefit if he has at least years (insert number) of
Total Credited Service, regardless of the Participant's age.
This alternative normal retirement benefit is available to:
All Participants who quali@.
Only the following Participants (must specify):
Other Alternative Normal Retirement Benefit.
Must specify qualifications:
This alternative normal retirement benefit is available to:
Q All Participants who qualify.
~3 Only the following Participants (must specify):
DISABILITY BENEFIT QUALIFICATIONS
Please skip to the next section (Retirement Benefit Computation) if the Adopting Employer
does not offer disability retirement benefits under the Plan. Subject to the other terms and
conditions of the Master Plan, disability retirement qualifications are based upon Social Security
Administration award criteria or as otherwise provided under Article IT, Section 19 of the Master
Plan.
To quali@ for a disability benefit, a Participant must have the following minimum number of
years of Total Credited Service:
Nominimurn.
years (insert number) of Total Credited Service.
Other requirement (must specify):
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-16-
RETlKF,MENT BENEFIT COMPUTATION
MAXTMUM TOTAL CREDITED SERVICE
The number of years of Total Credited Service which may be used to calculate a benefit is
(check one):
not limited.
limited to years.
limited to years as an elected or appointed member of the Governing
Authority or Municipal Legal Oficer.
MONTHLY NORMAL RETIIREMENT BENEFIT AMOUNT
The monthly normal retirement benefit for Eligible Regular Employees shall be 1/12 of (check
one):
[XI Flat Percentage Formula. 2.75% (insert percentage) of Final Average
Earnings multiplied by years of Total Credited Service as an Eligible Regular
Employee.
Split Formula (Dynamic Break Point). % (insert percentage) of Final
Average Earnings up to the amount of Covered Compensation as defined in
Article IT, Section 15 of the Master Plan (Dynamic Break Point), plus YO
(insert percentage) of Final Average Earnings in excess of said Covered
Compensation, multiplied by years of Tofat Credited Sewice as an Eligible
ReguIar Employee.
Split Formula (Table Break Point). % (insert percentage) of Final
Average Earnings up to the amount of Covered Compensation as defined in
Article 11, Section 16 of the Master Plan (Table Break Point), plus YO
(insert percentage) of Final Average Earnings in excess of said Covered
compensation, multiplied by years of Total Credited Service as an Eligible
Regular Employee.
Grandfathered Split FormuIa. For Eligible Regular Employees employed on or
after , (insert date) and for Eligible Regular
Employees employed prior to said date only when application of this formula
would result in a higher benefit than ithe benefit as determined under the following
sentence, % (insert percentage) of Final Average Earnings up to
the amount of Covered Compensation as defined in Article TI, Section I5 of the
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008) -17-
Master Plan (Dynamic Break Point), plus % (insert percentage) of
Final Average Earnings in excess of said Covered Compensation, multiplied by
years of Total Credited Service as an Eligible Regular Employee. For Regular
Employees employed prior to ,(insert date)
only when application of this formula would result in a higher benefit than the
benefit as determined under the preceding sentence, % (insert
percentage) of Final Average Earnings up to the amount of Covered
Compensation as defined in Article 11, Section 14 of the Master Plan (Table
Break Point), plus Oh (insert percentage) of Final Average Earnings
in excess of said Covered Compensation, multiplied by years of Total Credited
Service as an Eligible Regular Employee.
[7 Other Formula (must specify):
Excevtions: If a formula other than that specified above applies to a special class(es) of Eligible
Regular Employees, the Employer must specify below the class(es) to whom the different
formula applies and indicate below the formula applicable to them.
Class(es) of Regular Employees to whom exception applies (must specify):
Benefit formula for excepted class (must specify):
Final Average Earnings
Final Average Earnings is defined as (check one):
The annual average of Earnings paid to a Participant by the Adopting Employer
for the 5 (insert number not to exceed 5) consecutive years (12 month periods)
of Credited Service preceding the Participant's most recent Termination in which
the Participant's Earnings were the highest. Note: GMEBS has prescribed forms
for calculation of Final Average Earnings that must be used for this purpose.
Other method of calculation (must specify):
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-18-
Elected or Appointed Members of the Governing Authority
Complete this section only if elected or appointed members of the Governing Authority or
Municipal Legal OEficers are permitted to participate in the Plan. The monthly normal
retirement benefit for members of this class shall be as follows (check one):
$ (insert dollar amount) per month for each year of Total Credited
Service as an elected or appointed member of the Governing Authority or
Municipal Legal OfXjces or major fraction thereof (6 months and 1 day).
Exceptions: If a different formula from that specified above applies to a particular class of
ekected or appointed members of the Governing Authority or Municipal Legal Off~cers,the
Employer must specify below the class to whom the different formula applies and indicate below
the formula applicable to them.
Those to whom exception applies (must specifv):
Benefit formula for excepted class (must specify):
MONTHLY EARLY RETIREMENT BENEFIT AMOUNT (check one):
IXI The monthly Early Retirement 'benefit shall be computed in the same manner as
the monthly Normal Retirement benefit, but the benefit shall be reduced on an
Actuarially Equivalent basis in accordance with Article XII, Section 1 of the
Master Plan to account for early commencement of benefits.
The monthly Early Retirement benefit shall be computed as follows (must
specify):
GMEBS -Defined Benefit Plan Adoption Ageement
(City of Milton -Revised July 2008)
-19-
MONTHLY LATE RETIREMENT BENEFIT AMOUNT (check one):
[XI The monthly Late Retirement benefit shall be computed in the same manner as
the Normal Retirement Benefit, based upon the Participant's Accrued Benefit as
of his Late Retirement Date.
The monthly Late Retirement benefit shall be the greater of: (I) the monthly
retirement benefit accrued as of the Participant's Normal Retirement Date,
actuarially increased in accordance with the actuarial table contained in Article
XTT,Section 6 of the Master Plan; or (2) the monthly retirement benefit accrued as
of the Participant's Late Retirement Date, without further actuariaI adjustment
under Article X11, Section 6 of the Master Plan.
MONTTLY DISABILITY BENEFIT AMOUNT
Complete this section only if the Adopting Employer elects to provide Disabilily retirement
benefits. The amount of the monthly Disability Benefit shall be computed as follows (check
one):
The monthly Disability benefit shall be computed in the same manner as the
Normal Retirement benefrt, based upon the Participant's Accrued Benefit as of his
Disability Retirement Date.
Minimum DisabiIity Benefit. The Adopting Employer may set a minimum Disability Benefit.
The Employer elects the following minimum Disability benefit (check one):
No minimum is established.
No less than (check one): LX 20% 10% -Yo (if other than 20% or 10%
insert percentage amount) of the Participant's average monthly Earnings for the
12 calendar month period immediately preceding his Termination of Employment
as a resuIt of a Disability.
No less than (check one): 66 213 % 0 % (if other than 66 2/3%,
insert percentage amount) of the Participant's average monthly Earnings for the
12 calendar month period immediately preceding his Termination of Employment
as a result of a Disability, less any benefits paid from Workers Compensation,
federal Social Security benefits as a result of disability, any state compulsory
disability plan, and any disability income plan paid by the Employer.
Other Minimum (must specify):
GMERS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 208)
-20 -
BENEFIT CAP FOR ELECTED OFFICIALS
Complete this section only if elected or appointed members of the Governing Authorily
participate in the Plan. In addition to any other limitations imposed by federal or state law, the
Employer may impose a cap on the monthly benefit amount that may be received by elected or
appointed members of the Governing Authority. The Employes elects (check one):
Q No cap.
Monthly benefit for Service as an elected or appointed member of the Governing
Authority may not exceed 100% of the Participant's final salary as an elected or
appointed member of the Governing Authority.
DISTRIBUTIONS FOR THOSE WEiO REMAIN IN SERVICE AFTER NORMAL
RETIREMENT
The Employer may elect to permit active Participants who have satisfied the Employer's
qualifications for Normal Retirement or Alternative Normal Retirement to begin drawing their
retirement benefit even though they have not yet terminated employment with Employer, subject
to the terms of the Master Plan. The Employer makes the following election in this regard
(check one):
Distribution of retirement benefits is not permitted until the Participant has
terminated employment and otherwise qualifies for receipt of benefits.
Participants who have satisfied the qualifications for Normal Retirement or
Alternative Normal Retirement may begin drawing their Normal Retirement
benefit even though they remain in the service of the Employer. This provision
applies to (check one):
o All Participants
Only Participants in the following classes (in-service distributions not
permitted for any others) (must specify):
GMBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-21 -
COST OF LIVING ADJUSTMENT
The Employer may elect to provide for a cost-of-living adjustment (COLA) in the amount of
benefits being received by Retired Participants and Beneficiaries, which shall be calculated and
paid in accordance with the terms of the Master Plan. The Employer hereby elects the following
(check one):
No cost-of-living adjustment.
Variable Annual cost-of-living adjustment not to exceed OJo (insert
percentage).
Fixed annual cost-of-living adjustment equal to % (insert percentage).
The above cost-of-living adjustment shalt apply with respect to Participants (and their
Beneficiaries) who terminate employment on or after (insert date).
REEMPLOYMENT AFTER RETIREMENT
Reemployment After Normal Retirement. In the event a Retired Participant is reemployed
with the Employer as an Eligible Employee aRer his Normal Retirement Date, the following rule
shall apply (check one):
tg The Participant's benefit shall be suspended in accordance with Article VT,
Section 6(a) of the Master Plan for as long as the Participant remains employed.
The Participant may continue to receive his retirement benefit in accordance with
Article VI, Section 6(c) of the Master Plan. This rule shall apply to (check one):
IJ all Retired Participants only the following classes of Retired Participants
(must specify -benefits of those Retired Participants not listed shall be
suspended in accordance with Article W,Section 6Ca) of the Master Plan if
they return to work with the Employer):
Reemployment After Early Retirement. h the event a Participant retires with an Early
Retirement benefit and is reemployed with the Employer as an Eligible Employee before his
Normal Retirement Date, the following rule shall apply (check one):
[XI The Participant's Early Retirement benefit shall be suspended in accordance with
Article VT, Section 6(a) of the Master Plan for as long as the Participant remains
employed.
The Participant's eligibility to continue receiving Early Retirement benefits shall
be subject to the following limitations (if this item is checked, check one of the
following):
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised JYly 2008)
-22-
17 The Participant's Early Retirement benefit shall be suspended. However,
the Participant may again begin receiving benefits after he satisfies the
qualifications for Normal Retirement or alternative Normal Retirement in
accordance with Article VI, Section 6(d) of the Master Plan.
The Participant may continue receiving his Early Retirement benefit in
accordance with Article VI, Section 6(e) of the Master Plan, provided his
initial retirement was in good faith and he does not return to employment
with the Employer for a minimum of months (insert number no
less than 6) following his effective Retirement date. If this requirement is
not met, the Participant's benefit shall be suspended until he satisfies the
qualifications for Normal Retirement or alternative Normal Retirement in
accordance with Article V1, Section 6Cd) of the Master Plan.
TWRNYlNATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING
Eligible Rwular Ernployea
Subject to the terms and conditions of the Master Plan, a Participant who is an Eligible ReguIar
Employee and whose ernpIoyrnent is terminated for any reason other than death or retirement
shall earn a vested right in his accrued retirement benefit in accordance with the following
schedule (check one):
U No vesting schedule (immediate vesting).
[XI Cliff Vesting Schedule. Benefits shall be 100% vested after the Participant has a
minimum of 2 years (insert number not to exceed 10) of Total Credited Service.
Benefits remain 0% vested until the Participant satisfies this minimum.
Graduated Vesting Schedule. Benefits shall become vested in accordance with
the following schedule (insert percentages):
GhaEBS -Defined Benefit Plan Adoption Apeement
(City of Milton -Revised July 2008)
-23 -
Exceptions: If a vesting schedule other than that specified above applies to a special class(es) of
Regular Employees, the Employer must specify the different vesting schedule below and the
class(es) to whom the different vesting schedule applies.
Regular Employees to whom exception applies (must specify): Citv Manaver.
Vesting Schedule for excepted class (must specify): Immediate vest in^ (no vesting
aeqdrementl. Xn addition, the 1-year waiting period for ~articipationwill not apply to
Fmplovees in this class (see "Waiting Period" on p. 7).
Elected or Appointed Members of the Governing Authority
Complete this Section only if Elected or Appointed Members of the Governing Authority
are permitted to participate in the Plan. Subject to the terms and conditions of the Master
Plan, a Participant who is an elected or appointed member of the Governing Authority or a
Municipal Legal Officer shall earn a vested right in his accrued retirement benefit for Credited
Service in such capacity in accordance with the following schedule (check one):
0 No vesting schedule (immediate vesting).
Other vesting schedule (must specify):
PRE-RETIREMENT DEATH BENEFITS
IN-SERVICE DEATH BENEFIT
Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following
in-service death benefit, to be payable in the event that an eligible Participant's employment with
the Employer is terminated by reason of death prior to Retirement (check and complete one):
Auto A Death Benefit. A monthly benefit payable to the Participant's Pre-
Retirement Beneficiary, equal to the decreased monthly retirement benefit that
would have otherwise been payable to the Participant, had he elected a 100%joint
and survivor benefit under Article VII, Section 3 of the Master Plan. In order to
be eligible for this benefit, a Participant must meet the following requirements
(check one):
The Participant must be vested in a normal retirement benefit.
The Participant must have years (insert number) of Total
Credited Service.
The Participant must be eligible for Early or Normal Retirement.
o Other eligibility requirement (must specifv):
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Mittoton -Revised July 2008)
-24 -
o Actuarial Reserve Death Benefit. A monthly benefit payable to the Participant's
Pre-Retirement Beneficiary, actuarially equivalent to the reserve required for the
Participant's anticipated Normal Retirement benefit, provided the Participant
meets the following eligibility conditions (check one):
The Participant shall be eligible immediately upon becoming a Participant.
10 The Participant must have years (insert number) of Total Credited
Service.
0 Other eligibility requirement (must specify):
Imputed Service. For purposes of computing the actuarial reserve death benef t,
the Participant's Total Credited Service shall include (check one):
Total Credited Service accrued prior to the date of the Participant's death.
Total Credited Service accrued prior to the date of the Participant's death,
plus (check one): a one-half (5) (insert other
fraction) of the Service between such date of death and what would
otherwise have been the Participant's Norma1 Retirement Date.
Exceptions: If an in-service death benefit other than that specified above applies to one or more
classes of Participants, the Employer must specify below the death benefit payable, the class(es)
to whom the different death benefit applies, and the eligibility conditions for said death benefit.
Alternative Death Benefit (must specif%):
Participants to whom alternative death benefit applies (must specify):
Eligibility conditions for alternative death benefit (must specify):
TEMmATED VESTED DEATH BENEFIT
Complete this Sectien only if the Employer offers a terminated vested death benefit. The
Employer may elect to provide a terminated vested death benefit, to be payable in the event that
a Participant who is vested dies after termination of employment but before Retirement benefits
commence. Subject to the terms and conditions of the Master Plan, the Employer hereby elects
the following terminated vested death benefit (check one):
[XI Auto A Death Benefit. A monthly benefit payable to the Participant's Pre-
Retirement Beneficiary, equal to the decreased monthly retirement benefit that
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-25-
would have otherwise been payable to the Participant had he elected a 100%joint
and survivor benefit under Article VIl, Section 3 of the Master Plan.
Accrued Retirement Benefit. A monthly benefit payable to the Participant's Pre-
Retirement Beneficiary which shall be actuarially equivalent to the Participant's
Accrued Normal Retirement Benefit determined as of the date of death.
Exceptions: If a terminated vested death benefit other than that specified above applies to one
or more classes of Participants, the Employer must specify below the death benefit payable, the
cIass(es) to whom the dilfferent death benefit applies, and the eligibility conditions for said death
benefit.
AIternative Death Benefit (must specifv):
Participants to whom alternative death 'benefit applies (must specify):
Eligibility conditions for alternative death benefit (must specify):
EMPLOYEE CONTRIBUTIONS
Employee contributions (check one):
Are not required.
Are required in the mount of 3.0 % (insert percentage) of Earnings for all
Eligible Employees. Employee contributions shall commence as of the first
payroll period beginning on or after April 1,2007.
Are required in the amount of % (insert percentage) of Earnings for
Participants in the folIowing classes (must specif?.):
Pre-Tax Treatment of Employee Contributions. If employee contributions are required, an
Adopting Employer may elect to "pick-up" employee contributions to the Plan in accordance
with IRC Section 414(h). In such case employee contributions shall be made on a pre-tax rather
than a post-tax basis, provided the requirements of Section 414(h) are met. If the Employer
elects to pick-up empIoyee contributions, it is the Employer's responsibility to ensure that
employee contributions are paid and reported in accordance with Section 414(h). The Employer
hereby elects (check one):
To pick-up employee contributions.
Not to pick-up employee contributions.
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Mifton -Revised July 2aOS)
-26 -
Interest on Employee Contributions. The Adopting Employer may elect to pay interest on any
refund of Employee Contributions.
n Interest shall not be paid.
Interest shall be paid on a refund of Employee Contributions at a rate established
by GMEBS from time to time.
EMPLOYER ADOPTION
The Adopting Employer hereby agrees to abide by the Master Plan, Trust Agreement,
bylaws, and rules and regulations adopted by the Board of Trustees of GMEBS, as each may be
amended from time to time, in all matters pertaining to the operation and administration of the
Plan. It is intended that the Act creating the Board of Trustees of GMEBS, the bylaws of the
Board, the rules and regulations of the Board, and this Plan are to be construed in harmony with
each other. In the event of a conflict Ween the provisions of any of the foregoing, they shall
govern in the following order:
(1) The Act creating the Board of Trustees of the Georgia Municipal Employees
Benefit System, O.C.G.A. Section 47-5-1 et seq. and any other applicable
provisions of O.C.G.A. Title 47;
(23 The bylaws of the Board;
(3) The rules and regulations of the Board;
(4) This Ordinance and Adoption Agreement.
In the event that any section, subsection, sentence, clause or phrase of this Plan shall be
declared or adjudged invalid or unconstitutionaI, such adjudication shall in no manner affect the
previously existing provisions or the other section or sections, subsections, sentences, clauses or
phrases of this Plan, which shall remain in full force and effect, as if the section, subsection,
sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not
originally a part hereof The Governing Authority hereby declares that it would have passed the
remaining parts of this Plan ot retained the previously existing provisions if it had known that
such part or parts hereof would be declared or adjudicated invalid or unconstitutional.
The Adopting Employer understands that failure to properly complete this Adoption
Agreement may result in the Adopting Employer's plan not being qualified under the Internal
Revenue Code. The Adopting Employer also agrees it will inform the Board of any amendments
to this Adoption Agreement, its Plan, or the discontinuance, abandonment or termination of its
Plan.
GMEBS -Defined Benefit Plan Adoption Agreement
(City of Milton -Revised July 2008)
-27-
AN ORDINANCE (continued from page 1)
Section 2. Except as otherwise specifically required by law or by the terns of the Master
Plan or Adoption Agreement, the rights and obligations under the Plan with respect to persons
whose employment or term of office with the City was terminated for any reason whatsoever
prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, if any,
as it existed and was in effect at the time of such termination.
Section 3. This Ordinance shall become effective upon adoption by the Mayor and
Council, and it shall be retroactive to April 1,2007.
Section 4, All Ordinances and parts of ordinances in conflict herewith are expressly
repealed.
Approved by the Mayor and Council of the City of Milton, Georgia this day of
-2008.
Attest: CITY OF MILTON, GEORGIA
City Clek Mayor
(SEAL)
Approved:
City Attorney
The terms of the foregoing Adoption Agreement are approved by the Board of Trustees
of the Georgia Municipal Employees Benefit System.
TN WITNESS WHEREOF, the Board of Trustees of the Georgia Municipal Employees
Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed
this day 20-.of,
Board of Trustees
Georgia Municipal Employees
Benefit System
(SEAL)
Secretary
GMEBS -Defined Benefit Plan Adoptlon Agreement
(City of Milton -Revised July 2008) -28 -
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Dan Drake,Public Works Director
Date: July 17, 2008 for the August 4, 2008 Council Meeting
Agenda Item: An Ordinance to Adopt the City of Milton Trail Development Standards
Engineer Recommendation:
The Staff recommends adoption of the Milton Trail Development Standards as an Ordinance.
The Milton Trail Development Standards are to be presented to the City Council for first
reading at the August 4, 2008 City Council meeting.
Background:
A resolution accepting the recommendations of the Milton Bicycle and Pedestrian Path
Advisory Committee for the Milton Trail Plan was adopted by Council on July 12, 2007. The
Resolution and Milton Trail Plan recommendations and priorities are utilized as a tool for
promoting new sidewalk and trail retrofit projects as a condition of new development. To
promote trail construction, to clarify the Council’s intent with new development and to research
grants and costs, the Milton Trail Plan needs to include Trail Development Standards. The
Milton Bicycle and Pedestrian Path Advisory Committee developed Milton Trail Development
Standards including side of the road location, edge of pavement type (cross section), and
material type. These details were presented by Milton Bicycle and Pedestrian Path Advisory
Committee Chair, Dr. Brian Maloney at the May 12, 2008 City Council work session.
Discussion:
The Milton Trail Development standards include development requirements and trail details
including proposed cross section, material types for segments of the trail, and fence and signage
standards. The materials used will be gravel, concrete, and asphalt. The cross sections show the
proposed trail locations relative to the roadway and fence options. The development
requirements include the triggers for mandatory participation by land owners as they develop
property adjacent to the Milton Trail.
Attachments:
Ordinance to adopt Milton Trail Development Standards as an Ordinance
Exhibit A: Milton Trail Development Standards
Concurrent Review:
Legal Review Jarrard & Davis – Paul Higbee – Comments received July 17, 2008
Community Development – Alice Wakefield – Comments received July 17, 2008
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO.
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT THE CITY OF MILTON TRAIL DEVELOPMENT
STANDARDS AS ATTACHED HERETO AND INCORPORATED HEREIN
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regular
Council meeting on August ______ 2008 at 6 p.m. as follows:
SECTION 1. That the Milton Trail Development Standards attached hereto as
Exhibit “A” and incorporated herein by reference are hereby adopted, being needed to
promote trail construction with new development and to research grants and costs;
SECTION 2. This Ordinance is effective upon its adoption;
SECTION 3. All other ordinances in conflict are repealed.
ORDAINED this the ____day of ________, 2008.
_______________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
EXHIBIT “A”
Milton Trail Development
Standards
Public Works Department
July 17, 2008
Table of Contents
Table of Contents .........................................................................................................................1
Article 1: Definitions of Terms ..................................................................................................2
Article 2: Background Documents on Sidewalks, Paths, and Trails ..................................4
Article 3: Trail Development Requirements ...........................................................................5
Section 1: Creation of the Milton Trail ........................................................................5
Section 2: Existing Sidewalks, paths, or trails ............................................................6
Section 3: Provisions for Trail Easements ...................................................................6
Article 4: Trail Details .................................................................................................................7
Section 1: Side of the Road Location ............................................................................7
Section 2: Material Type .................................................................................................7
Section 3: Cross Section or Edge of Pavement Type ...................................................7
Section 4: Fence Standards .............................................................................................8
Section 5: Signage Standards .........................................................................................8
Section 6: Gravel Roads ..................................................................................................8
Section 7: Updates ...........................................................................................................8
Appendix A ...................................................................................................................................9
Figure A.1: Milton Trail Edge of Pavement (EOP) Type and Material Type ........10
Appendix B..................................................................................................................................11
Milton Trail Cross Sections .........................................................................................11
Figure B.1 Rural EOP, Asphalt ....................................................................................12
Figure B.2 Rural EOP, Gravel ......................................................................................13
Figure B.3 Modified Rural EOP, Asphalt ...................................................................14
Figure B.4 Modified Rural EOP, Gravel .....................................................................15
Figure B.5 Urban EOP, Concrete .................................................................................16
Figure B.6 Urban Residential EOP, Concrete ............................................................17
Figure B.7 Urban Bike EOP, Concrete.........................................................................18
Figure B.8 Gravel Road, Gravel ...................................................................................19
Figure B.9 Off Road, Gravel .........................................................................................20
Figure B.10 Off Road, Asphalt .....................................................................................21
1
Article 1: Definitions of Terms
Building Permit: A building permit is for a principal structure not including minor
repairs or additions to the principal building or structure in existence. Such
determination will be made by the Director of Community Development.
Principal Structure: A structure in which the principal use or purpose on a property
occurs, and to which all other structures on the property are subordinate. Principal shall
be synonymous with main and primary.
Accessory Structure: A subordinate structure, customarily incidental to a primary
structure or use located on the same lot.
Single Family Residential Building Permit: A single family residential building permit is
for building a single family dwelling unit. The dwelling unit including accessory
structures is on a separate lot of record.
Development Permit: A development permit is for alteration or development of a given
tract of land or the commencement of any land disturbing activity. This permit may
include Land Disturbance Permits and Minor Subdivision Plats. This excludes Right-of-
Way encroachment permits. Such determination will be made by the Director of
Community Development.
Development: Any man-made change to improved or unimproved real estate.
Director of Community Development: City of Milton Director of the Department of
Community Development, or his or her designee
Director of Public Works: City of Milton Director of the Department of Public Works, or
his or her designee
Owner: A person, other than a lienholder or security interest holder, having the
property in or title to a parcel of land. The term includes a person entitled to the use and
possession of a parcel of land subject to a security interest in or lien by another person
or entity, but excludes a lessee under a lease not intended as security except as
otherwise specifically provided in this Ordinance.
Right-of-Way: The entire width and length of a public road, street or highway,
including the traveled portions, berms, shoulders and medians of a roadway not
privately owned. Also, publicly dedicated portions of the Milton Trail as contemplated
herein.
2
Roadway: That portion of a Right-of-Way improved, designed, or ordinarily used for
vehicular travel, exclusive of berms, medians, and shoulders.
Sidewalk, Path, or Trail: That portion of a Right-of-Way between the curb lines and the
adjacent private property lines, intended for use by pedestrians.
3
Article 2: Background Documents on Sidewalks, Paths, and Trails
The City of Milton has adopted documents that contain information relating to
sidewalk, path, and trail requirements in the City of Milton. Where differences appear
between this Ordinance and the documents listed below, this Ordinance shall take
precedence.
Zoning Ordinance
Adopted on December 21, 2006
Subdivision Regulations
Adopted on December 21, 2006
Right of Way Ordinance
Adopted on June 7, 2007
Resolution accepting recommendations of Milton Trail Plan
Adopted on July 12, 2007
4
Article 3: Trail Development Requirements
Section 1: Creation of the Milton Trail
The “Milton Trail” (as described in the City of Milton trail plan adopted by the City
Council on July 12, 2007, hereinafter the “Milton Trail Plan”) shall be installed as
follows:
(a)All owners, developers, or occupiers of parcels of land where a development
permit or building permit, as defined in Article 1, is applied for shall be required
to provide a public trail consistent with the Milton Trail Plan and this Ordinance.
(b)All owners, developers, or occupiers of parcels of land where a development
permit or building permit, as defined in Article 1, is applied for shall dedicate the
Right-of-Way necessary to construct the Milton Trail according to the cross
sections in Article 4 Section 3 and Appendix B.
(c)All owners, developers, or occupiers of parcels of land where a development
permit or building permit, as defined in Article 1, is applied for shall construct
the required Milton Trail according to this Ordinance. If a special hardship exists,
as determined by the Director of Community Development, the Director, in
his/her sole discretion, may authorize payment to the City of Milton for the costs
of such construction in lieu of the required installation of the Milton Trail in an
amount determined by the Director of Public Works.
(d)In cases where a development permit or building permit, as defined in Article 1,
is sought on a tract(s) of land proposed for development:
1.The plans shall indicate proposed construction of the Milton Trail along
all required streets per Article 4 Section 1 and Figure A.1. The location of
the Milton Trail may use alternate routes to connect adjacent destinations
in coordination with the Milton Trail Plan and this Ordinance.
2.The installation and City acceptance of the Milton Trail shall be completed
within six (6) months of issuance of the Land Disturbance Permit or prior
to a Certificate of Occupancy being issued for the building or structure on
the affected parcel, whichever comes first. The Director of Public Works
has the authority to extend this time frame, but for no more than an
additional six (6) months.
3.The Director of Public Works may require the owner, developer, or
occupier of the parcel of land where a permit is applied for, to construct a
bridge as a part of the Milton Trail.
5
(e)In cases where one single family residential building permit, as defined in Article
1, is sought outside of a subdivision, the construction of the Milton Trail is not
required. The necessary Right-of-Way to construct the trail is required.
(f)Where trees exist or other conditions exist, the City may require the Milton Trail
to meander in the Right-of-Way. Should the trail be proposed to meander out of
the proposed Right-of-Way, additional Right-of-Way is required. The trail may
divide at times into two (2) sections to save a tree.
(g)In cases where the Milton Trail is required, per Figure A.1 and there is not
development permit adjacent to the trail, the City’s goal is to provide a trail
consistent with the Milton Trail Plan and this Ordinance Article 4 and Appendix
B.
Section 2: Existing Sidewalks, paths, or trails
Where the Milton Trail is required, per Article 3 Section 1, and there is an existing
sidewalk, path, or trail along the road or street frontage:
(a)An inspection of the sidewalk, path, or trail shall be made by the City.
(b)If the inspection shows a deficiency in an existing sidewalk, path, or trail, or that
a sidewalk, path, or trail does not exist along the entire frontage of the lot at
issue, the owner must construct or repair the sidewalk, path, or trail in
accordance with the Milton Trail Plan and this Ordinance, including material
revisions as required by the City.
Section 3: Provisions for Trail Easements
If it is not possible to dedicate the necessary Right-of-Way for the Milton Trail, as
determined by the Director of Public Works, a trail easement on the form provided by
the City will be required. The City prefers Right-of-Way dedication rather than
easements.
6
Article 4: Trail Details
Section 1: Side of the Road Location
The side of the road location where the Milton Trail shall be required shall be according
Figure A.1.
Section 2: Material Type
The required materials for the Milton Trail segments shall be according to Figure A.1.
The materials for the Milton Trail include: Gravel, Asphalt, and Concrete.
(a)Materials shall be organic natural colors as approved by the Director of Public
Works in consultation with the Milton Design Review Board.
(b)Concrete may be required to be stamped at intersections and transition segments
using the Milton Horse logo and as approved by the Director of Public Works.
(c)Asphalt may be required where slopes are too steep for gravel material.
(d)Additional gravel reinforcement may be required.
(e)Trail to provide a firm and stable surface.
Section 3: Cross Section or Edge of Pavement Type
Milton Trail cross sections are based upon edge of pavement type. The cross section
required for each segment of the Milton Trail shall be according to Figure A.1. The cross
section details shall be according to the details in Appendix B. The cross section types
include:
(a)Figure B.1 Rural EOP, Gravel
(b)Figure B.2 Rural EOP, Asphalt
(c)Figure B.3 Modified Rural EOP, Gravel
(d)Figure B.4 Modified Rural EOP, Asphalt
(e)Figure B.5 Urban EOP, Concrete
7
(f)Figure B.6 Urban Residential EOP, Concrete
(g)Figure B.7 Urban Bike EOP, Concrete
(h)Figure B.8 Gravel Roads, Gravel
(i)Figure B.9 Off Road, Gravel
(j)Figure B.10 Off Road, Asphalt
Section 4: Fence Standards
Four board equestrian style fences shall be required along the Milton Trail according to
Figure A.1. The fence shall be located outside of the Right-of-Way or Trail Easement on
private property. A fence may be required between the roadway and the trail for safety
of the trail users. The fence within the Right-of-Way shall be outside of the minimum
clear zone distance as determined by the Director of Public Works.
Decorative fence features at intersections may be required if approved by the Director
of Public Works.
Section 5: Signage Standards
Trail signs shall have a rustic appearance of earthy wood-like materials. Trail signs shall
feature City’s horse logo and may use hitching post beside the sign if approved by the
Director of Public Works. Directional signs may be provided at major trail branch
points. Trail signage may be used at the ends of all gravel roads included in the trail
network.
Section 6: Gravel Roads
Milton’s existing gravel roads provide an established network of bicycle, pedestrian,
and equestrian trails. The gravel roads that are part of the Milton Trail according to
Figure A.1 shall remain gravel surfaces and may include trail signs at each end.
Section 7: Updates
Appendix A and B may be updated if deemed necessary as determined by the Director
of Public Works.
8
Appendix A
Milton Trail Edge of Pavement (EOP) Type and Material Type Map
9
Figure A.1: Milton Trail Edge of Pavement (EOP) Type and Material Type Figure B.1 Figure B.2 Figure B.3 Figure B.4 Figures B.5 & B.6Figure B.7 Figure B.8 Figure B.9
Figure B.10
10
Appendix B
Milton Trail Cross Sections
Figure B.1 Rural EOP, Asphalt
Figure B.2 Rural EOP, Gravel
Figure B.3 Modified Rural EOP, Asphalt
Figure B.4 Modified Rural EOP, Gravel
Figure B.5 Urban EOP, Concrete
Figure B.6 Urban Residential EOP, Concrete
Figure B.7 Urban Bike EOP, Concrete
Figure B.8 Gravel Road, Gravel
Figure B.9 Off Road, Gravel
Figure B.10 Off Road, Asphalt
11
Cross Section: Rural Material: Asphalt Figure B.1 Rural EOP, Asphalt
12
Cross Section: Rural Material: Gravel Figure B.2 Rural EOP, Gravel
13
Cross Section: Modified Rural Material: Asphalt Figure B.3 Modified Rural EOP, Asphalt
14
Cross Section: Modified Rural Material: Gravel Figure B.4 Modified Rural EOP, Gravel
15
Cross Section: Urban Material: Concrete Figure B.5 Urban EOP, Concrete
16
Cross Section: Urban Residential Material: Concrete Figure B.6 Urban Residential EOP, Concrete
17
Cross Section: Urban Bike Material: Concrete Figure B.7 Urban Bike EOP, Concrete
18
Cross Section: Existing Gravel Road Material: Gravel Figure B.8 Gravel Road, Gravel
19
Cross Section: Off Road Material: Gravel Figure B.9 Off Road, Gravel
20
Cross Section: Off Road Material: Asphalt Figure B.10 Off Road, Asphalt
21
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Jeanette Marchiafava, City Clerk
From: Dan Drake,Public Works Director
Date: July 28, 2008
Agenda Item: Approval of two facility use agreements with Hopewell Youth Association for
baseball programs at Bell Park
Recommendation:
The Staff recommends Council approve the agreements and provide authority for staff to sign
the two facility use agreements with HYA for their baseball programs at Bell Park: Recreational
League and Travel Teams.
Background:
The current agreement with Hopewell Youth Association for the provision on youth baseball
programs at Bell Park expired on December 31, 2007. A letter agreement between the parties
extended the terms and the City confirmed insurance coverage was provided in 2008.
Discussion:
These two proposed facility use agreements replace the existing agreement, with the Travel
Teams agreement expiring December 31`, 2009 and the recreational ball agreement
automatically renewed for a total of 5 years.
A few highlights:
•Requires Milton residents to get first right of registration for Rec Ball.
•All Non-Milton residents will pay 50% fee on top of the resident fee.
•Responsibilities of the City and HYA are spelled out in greater detail.
•15% of all fees (except non-resident and late fees, which are 100% and go directly to the
City) must be used by HYA for capital re-investment in the park.
•Travel teams pay $1,500 to the City per team for each season.
Attachments:
1.Facility Use Agreement for Recreational Baseball (with Hopewell Youth Association for
Bell Park usage)
2.Facility Use Agreement for Travel Teams (with Hopewell Youth Association for Bell
Park usage)
Concurrent Review:
Legal Review Jarrard & Davis – Paul Frickey – Comments received July 17, 2008
Tina D’Aversa and Julie Zahner-Bailey, City Council
FACILITY USE AGREEMENT
FOR RECREATIONAL BASEBALL LEAGUE PLAY
AT BELL MEMORIAL PARK
This Agreement is entered into this ___ day of ______, 20__ by and between the City of
Milton, Georgia (hereinafter referred to as “City”) and the Hopewell Youth Association, Inc.
(hereinafter referred to as “Association”).
1.PURPOSE. The City and the Association (hereinafter collectively referred to as
“parties”) acknowledge the great value of providing recreational athletic opportunities for youth.
The parties to this contract further acknowledge the various assets the parties can bring to
provide a positive, beneficial recreational athletic experience to the youth of the City. This
Agreement is intended to provide the best opportunity for these youth to participate in an
enjoyable athletic league experience and should be interpreted first and foremost in the best
interests of the participants of the programs described herein. In addition, the parties recognize
that the City is and should be primarily interested in providing such services to the youth living
in its jurisdiction and that those youth should be given priority and preference in the enjoyment
of the benefits provided pursuant to this Agreement.
2.GENERAL AGREEMENT. Pursuant to the terms and conditions spelled out herein, the
City agrees to provide the Association with exclusive use of the facilities, including ball fields,
concession stands, and the Bennett House (collectively referred to as “Facilities”), located at Bell
Memorial Park (“Park”),, pursuant to the scheduling and usage provisions detailed in Paragraph
15, without charge and the Association agrees to provide a recreational sports program subject to
the provisions described in this Agreement and for the purposes set forth in Paragraph 1, above.
The recreational sports program described herein shall be designed as a program where all
children who register under association and/or city guidelines will be able to play on a team that
matches their age and ability in league play. Use of the Facilities granted herein shall be limited
to practices, games, meetings, tryouts, opening day activities, and post-season all-star activities
(so long as the all-star teams are comprised solely of participants in the recreational sports
program for the season) for the recreational league. The recreational program described herein
and for which use of the Facilities is granted expressly does not include practices, games,
meetings, tryouts, and games for “travel out-of-park teams” that include participants drawn from
outside the recreational program described herein, and special tournaments outside of regular
league play, which such teams and tournaments shall require separate agreements between the
parties.
3.TERM. Subject to any provisions of this Agreement relating to earlier termination, the
initial term of this Agreement shall be from July 1, 2008 thru December 31, 2008. This
Agreement will automatically renew for five successive one year periods beginning on January 1
of the succeeding calendar year and ending on December 31 of the succeeding calendar year
without the action of either party unless either party delivers written notice of non-renewal to the
other party by no later than October 31 of the then current calendar year. If written notice of
non-renewal is given, this Agreement will terminate upon the expiration of the then current
calendar year. Nothing stated herein shall obligate the City to extend this Agreement beyond the
initial term of any of the succeeding calendar year terms.
Page 1 Recreational Baseball Agreement
4.CONFLICT OF INTEREST. In order to prevent possible conflicts of interest, no
Association officer, or board member (or their immediate family member) may be employed or
otherwise financially involved with any commercial or private enterprise that provides goods or
services to the Association (including, but not limited to tournament hosting, professional
services, athletic equipment, apparel, and sports photography, with the exception of the
professional umpires or those youths participating in the youth employment programs). The City
shall immediately notify the Association of any challenge to the eligibility of a potential or
existing officer, or board member. In the event the City establishes an approved vendor list, the
Association shall insure that its vendors are selected from or are added to the City’s approved
vendor list.
The parties agree that the current Association policy that permits an office or board member one
(1) no-charge recreation-level registration is allowed to continue. This policy is acknowledged
by both parties as the only form of stipend, benefit, or payment to an officer or board member for
their service to the Association. In conjunction with this policy, the City agrees to waive one
non-resident fee for each of no more than four out-of-city Board members.
5.OTHER RULES. In addition to the terms and conditions set forth in this Agreement, the
Association shall comply with all laws, statutes, ordinances, rules, orders, regulations and
requirements of federal, state, county and city governments where applicable.
6.BACKGROUND CHECKS. In order to ensure the safety and well being of program
participants, the Association shall have criminal background checks performed on all officers,
board members, managers, assistant coaches, and umpires, aged 18 years and above. These
background checks will be paid by the individual for whom the background check is performed.
All background checks are to be conducted by a third party agency that specializes in this area in
accordance with city policies. The Association will disqualify any individual about whom the
background check described herein reveals a conviction or plea of guilty or no contest to crimes
suggesting it would be inappropriate for the individual to hold a position in the recreation
program. An initial background check shall be performed prior to an individual performing any
functions requiring a background check pursuant to this paragraph and annually thereafter no
later than December 31 of the calendar year following the date of the last background check in
order to insure that there have been no recent incidents that would be revealed by a background
check.
7.CERTIFICATION. The Association shall require and insure that all managers, coaches,
and assistant coaches, receive and maintain initial level membership in the National Youth
Sports Coaches Association and shall complete the On-line Clinic for baseball coaches. The
Association shall require and insure that all Association officers and board members receive and
maintain initial level membership in the national Youth Sports Administrators Association.
Records of the membership shall be maintained by the Association and copies of the certification
shall be delivered to the City no less than one week prior to the start of organized activities for
each season. The Association shall require and insure that all umpires and officials shall receive
appropriate certification from professional associations of umpires and officials.
Page 2 Recreational Baseball Agreement
8.DISCIPLINARY PANEL. The Association shall establish an Athletic Disciplinary Panel
to resolve disputes with respect to application of the Association’s rules related to competition
and participation in the recreation program.
9.REGISTRATION. The Association will conduct registration in two separate phases.
Not less than fourteen (14) calendar days prior to the first phase of registration, the Association
shall provide a written notice to the City and the general public of the registration schedule and
procedures for each season. Notification of the registration schedule to the general public shall
include posting on the Association’s website, delivery of an electronic version of the schedule in
a form such that the City can post the schedule on its website, and email release to previous
Association participants.
In the first phase, to be held not less than fourteen (14) days prior to the second phase of
registration, only youths who are residents of the City shall be entitled to register. If any spots
remain for participants in the recreation program, a second phase of registration will be
conducted. In the second phase, registration shall be open to youth regardless of residence. This
section does not preclude tiered registration within the second phase, including preferential
registration for veteran players or a late registration period. Registrants who are not residents of
the City shall pay an additional fee (“supplemental fee”) that is 50% greater than the fee charged
during the first phase of registration (“resident fee”). A late fee may also be charged during the
second phase. Once registration is complete all of the registrants shall be treated in all respects
equally regardless of whether they registered during the first or second phase of registration. Not
less than thirty (30) calendar days after the last day of registration, the Association shall provide
to the City, a list of the registrants’ names, addresses, reported city of residence, ages, and phone
numbers.
10.RESIDENT FEES. The Association will charge reasonable fees to participants for
participation in the recreational programs authorized herein. The fees shall be sufficient to cover
the reasonable expenses associated with the operation of the recreational programs and the
reinvestment requirement described in paragraph 12, below. The fees shall not be used to
financially benefit any officers, directors, or members of the Association. Prior to the start of
registration, all proposed fees and charges must be submitted and approved by the City Manager.
11.SUPPLEMENTAL AND LATE FEES. All supplemental and late fees paid during the
second phase of registration over and above the resident fees shall be collected by the
Association and paid to the City no later than thirty (30) calendar days after the second phase of
registration is complete. Such fees shall be kept in a separate fund by the City for park
improvement purposes.
Upon receipt of the Association’s registration data, the City will research each registrant to
confirm the accuracy of the reported city of residence. Any discrepancies from the City research
will be reported back to the Association. The Association is responsible to contact the registrant
and obtain proof of residency or the supplemental fee. The Association will provide the
collected supplemental fees to the City within thirty (30) days from receipt of the City’s list of
discrepancies.
Page 3 Recreational Baseball Agreement
12.REINVESTMENT. Of the resident fees and other monies collected (including
concession fees) by the Association, the Association shall transfer no less than fifteen percent
(15%) of such fees and monies collected or $25,000.00, whichever is greater, to an Association
capital fund on an annual basis for improvements to the fields or facilities located at the Park.
All reinvestment work performed by the Association or its contractor shall be subject to
provisions in Paragraph 22.
13.FINANCIAL REPORTING. No later than March 31 of the year following each annual
term of this Agreement, the Association shall provide to the City Manager full financial reports,
including filed taxes, beginning and ending balance sheets and an annual income and expense
report detailing the amounts and sources of income (including, but not limited to, resident fees,
supplemental fees, concessions, grants, fundraisers, advertising, and grants) and expenses of the
Association for the previous calendar year, prepared by an independent certified public
accountant, and signed by the Association Board verifying the accuracy of the information
contained therein. In addition, at not less than 45 days after the end of each season, the
Association shall provide to the City Manager an accounting of program fees, fund raisers and
other income collected and the expenses incurred by the Association with respect to recreational
programs at the Park during the season. Also no later than March 31 of the year following each
annual term of this Agreement, the Association shall provide to the City Manager documentation
and receipts of payment with respect to amounts reinvested in the fields and facilities as required
in this paragraph.
14.INSURANCE. The Association shall procure at its own expense and shall maintain for
the term of this Agreement the following insurance (with limits as shown herein) and shall
protect the Association and the City from any claims for property damage or personal injury,
including death, which may arise out of operations under this Agreement, and the Association
shall furnish the City Manager with certificates of such insurance with the City as an additional
named insured at least ten (10) days prior to use of the facilities:
a.Comprehensive General Liability Insurance providing coverage with
$1,000,000.00 single limit for bodily injury and property damage for each
occurrence including contractor’s liability insurance covering any indemnification
or hold harmless provision of this Agreement.
b.Automobile Liability Insurance providing the following coverage: personal
injury, including death, limits of $200,000.00 for each person and $500,000.00 for
each accident; property damage limits of $100,000.00 for each accident and
$200,000.00 for the aggregate of operations; vehicular liability limits of
$100,000.00 for any person or $200,000.00 for each occurrence.
The insurance coverage required herein shall not be cancelled or materially altered, or allowed to
lapse until thirty (30) days’ written notice has been received by the City Manager, and it shall be
the Association’s responsibility to see that each company providing this coverage understands
and complies with this required notice. Such policies shall be primary and non-contributing with
Page 4 Recreational Baseball Agreement
or in excess of any insurance carried by the City. The Association shall not do any act which
may make void or voidable any such policy or any other insurance on the facilities.
The Association shall further either (a) require each of its subcontractors to procure and to
maintain during the term of his subcontract Subcontractor’s public liability and property damage
and vehicle liability insurance of the type and in the same amounts as specified in this section, or
(b) insure the activities of the Association’s subcontractor in the Association’s own insurance
policy. Such subcontractors include any firm or contractor hired by the Association to perform
services.
It is the responsibility of the Association to insure any contents stored in any concession stands,
offices, or other storage buildings.
15.SCHEDULING AND USE. The Association agrees to provide the City with a written
general schedule of games and practice times the Association desires to use the fields and
facilities prior to the first scheduled practice or game. The Association shall request the issuance
of a permit by the City for the times identified in the schedule. Upon receipt of all materials
required by this Agreement, the City will issue a Facility Use Permit. It is understood by both
parties that this schedule can be of a general nature with blocks of time required for games and
practices; however the Association’s use of the Facilities shall be limited to those times set forth
in the Facility Use Permit and shall not be used for any purposes other than the recreational
program described herein.
Other than the times set forth in the Facility Use Permit issued by the City, the fields and
facilities shall be available to the public on a first-come first-served basis and the Association
shall have no special rights or privileges. The Association may not prohibit public access to
fields and facilities during unscheduled times. The Association may not manipulate fields and
facilities at the expense of public access rights.
The Association must receive written permission from the City to use Association locks on
buildings, light boxes, and gates. If such permission is granted, the Association must furnish the
City with a tagged key to each lock. Failure to provide such keys will result in the locks being
cut. The City, or any of its agents or employees, shall have the right to enter upon the said
premises at any time during the term of this Agreement to examine, inspect, or supervise as
deemed necessary by the City.
16.SAFETY. In accordance with the Georgia Recreation and Park Association’s policy
concerning outdoor activities in extreme heat, as a condition of using the city sports facilities, the
Association must abide by the following: “It is the policy of GRPA that outdoor events
sponsored by GRPA will not be held under hazardous conditions such as severe weather that
includes high winds, heavy rain, lightning, and conditions where surface smoke has been
identified as unsafe.”
The Association is responsible for operating the recreation program in as safe an environment as
possible. All sports equipment must meet national safety standards with regular documented
inspection as to the condition of the equipment performance. This includes equipment rented,
Page 5 Recreational Baseball Agreement
leased, donated, or loaned to participants by the Association. All fields should be inspected
before each use to insure a safe environment.
The Association shall insure that no less than one coach or assistant coach is on duty when teams
or players occupy the facilities. The Association must have a sufficient number of mature
representatives present to supervise all scheduled activities from the time the participants arrive
until the area has been completely vacated.
The Association shall have on hand and readily-available and maintain a first aid kit to deal with
cuts, bruises, and other minor injuries that may occur during activities. The Association is
encouraged to arrange for the availability of defibrillators with trained members at the facilities.
17.TRASH. The City shall provide trash receptacles throughout Bell Memorial Park and
will remove trash from the receptacles not less than twice a week. The Association shall be
responsible for daily clean-up, placing litter in proper containers, and cleaning the concession
stands, bleachers, fields, dugouts, or any other areas used by the Association prior to leaving the
facilities after each function (games and practices). The Association is empowered by the City to
and shall have the ability and right to police the Facilities for littering.
If clean up for each function (games and practices) is not done in a reasonable amount of time,
then the City will immediately notify the Association and the Association will send out staff or
members to clean up such areas within 24 hours. The Association shall promote and encourage
proper trash disposal to coaches, parents, and team members.
18.RESTROOMS. The City shall clean and stock the restrooms at Bell Memorial Park no
less than two (2) times per week. The Association shall be responsible for monitoring the
restrooms during its use of the facilities. The Association shall arrange for hourly inspections to
ensure that the restroom facilities are not being damaged. The Association shall be responsible
for locking the restroom facilities as the conclusion of each function (games and practices).
Repairs to damages to the restroom facilities that can be traced to acts of the Association’s
members or the failure of the Association to take actions required by this Agreement shall be
deducted from the clean-up deposit and replenished by the Association as set forth with respect
to clean-up of the Facilities.
19.FIELD MAINTENANCE. The Association shall be responsible for maintenance of the
fields including, but not limited to, mowing the grass portions of the infields, maintaining and
servicing the “dirt” portions of the fields, preparing bases, mounds, and fences, and applying
lines. The Association shall be responsible for providing any materials or supplies necessary to
perform the maintenance.
The City shall be responsible for mowing the outfield grass on all fields and all grass on the
outside of the fenced areas of the ballfields, as needed. The City shall be responsible for
providing any materials or supplies as needed for this function.
Page 6 Recreational Baseball Agreement
20.UTILITIES. The City will supply water to the fields and facilities. The City will provide
all utilities associated with the Bennett House. The City will provide electricity to the fields and
concession stands.
The Association will be responsible for watering the fields in full compliance with all federal,
state, county, and city laws, rules, regulations, and published policies with respect to water use.
To the extent the City is required to pay any fines, fees, or other penalties as a result of the
Associations violation of this section, the Association shall reimburse the City for any such
penalties no later than seven (7) days after receiving written notice from the City of the amount
of the penalty.
The Association will provide the City a schedule of the hours field lighting is required at least
one week prior to each season. The City will ensure the field lights are turned on and off,
according to the agreed upon schedule. The Association will not have access to the field lights
or timers and is not allowed to turn the field lights on or off.
21.INDEMNIFICATION. The Association shall protect, defend, indemnify, and hold
harmless the City, its Mayor, Council members, officers, employees, successors, assigns, and
agents from and against any and all claims, suits, losses, liabilities, damages, deficiencies,
expenses, or costs (including, but not limited to, reasonable attorney’s fees, investigative and/or
legal expenses, and costs of judgment, settlements, and court costs) (hereinafter referred to as
“Claims”) suffered or incurred by such parties whether arising in tort, contract, strict liability, or
otherwise and including, but not limited to, personal injury, negligence, wrongful death, or
property damage, regardless of the outcome of any such action, proceeding, or investigation
caused by, related to, based upon, or arising out of the Association’s use of the Facilities,
provision of Athletic Programs or activities, or otherwise, excluding Claims caused by the sole
negligence of the City. The language of this indemnification clause shall survive the termination
of this Agreement, even if the City terminates this Agreement for convenience.
22.REINVESTMENT, REPAIRS AND ALTERATIONS. The Association shall obtain
prior written approval and consent from the Public Works Director before making any major
repairs, or any improvements, additions or alterations to any of the Facilities. Notwithstanding
whether or not prior written permission was obtained, all improvements, additions, or alterations
to the Facilities shall become the property of the City and remain upon said premises and be
surrendered with the premises at the termination of this Agreement. Failure to obtain prior
written permission from the City can constitute cause for the immediate termination of this
Agreement. The Pubic Works Director or designee shall respond in writing to all such written
requests within five (5) business days.
All reinvestment, repairs, or alterations shall be subject to the general provisions of this
Agreement requiring the Association to obtain the City’s prior approval for any additions or
changes to existing fields and Facilities and providing that any such additions or changes shall
become the property of the City. To the extent any reinvestment work is to be performed by any
party other than the Association, any such contract or subcontract agreement for the provision of
such services/improvements shall be in a form approved by the City Manager and such contract
shall not be executed without the prior written consent of the City Manager. The City Manager
Page 7 Recreational Baseball Agreement
shall respond, in any way, within five (5) business days of receiving a written request for
contract approval
23.VANDALISM. The association is responsible for reporting all acts of vandalism to the
facilities or Association property to the City not later than the next working day after detection of
the vandalism. A copy of the police report must be filed with the City. If the damage is a result
of Association members’ negligence or failure to comply with accepted operational or security
measures, the Association will be responsible for making the necessary repairs or for
reimbursing the City for all or part of any repair costs incurred by the City, at the City’s
discretion.
24.CONTROL OF BEHAVIOR. The Association is empowered by the City to and shall
control the behavior of participants and spectators during the functions (games and practices) to
the same extent the City is so empowered. The Association can eject an unruly or dangerous
participant, coach, parent, or spectator from the premises during sporting events. This authority
may be exercise only by an Association board member, coach, or umpire.
25.NUISANCE. The Association agrees to take any action necessary to prevent or correct
any nuisance or other grievances upon, or in connection with, said premises during the terms of
this Agreement.
26.MEMBERSHIP MEETING. The Association shall conduct at least one (1) membership
meeting each season/year at a time and place fixed by the Association, at which the City shall be
entitled (but not obligated) to have a representative present, for the purpose of addressing any
concerns with respect to the operation and conduct of the recreational program described herein.
The Association shall make reasonable efforts to notify all participants of each meeting at least
one (1) month prior to the meeting including, but not limited to distribution of flyers to
participants at practices or games, email release to current participants, and posting on the
Association website.
27.CUMULATIVE RIGHTS. The rights of the City under this Agreement shall be
cumulative, and the failure of the City to exercise promptly any right hereinafter shall not operate
to forfeit or waive any of those rights.
28.DEFAULT. If the Association defaults on any obligation under this Agreement or
violates any term hereof, the City may immediately terminate this Agreement. In the event of
such termination the Association shall be liable to the City for any unpaid or unperformed
portion of the reinvestment funds for such term. If the City defaults on any obligation under this
Agreement or violates any term hereof, the Association may immediately terminate this
Agreement. In the event of such termination the Association shall be liable to the City for any
portion of the reinvestment funds, including unpaid or unperformed, for such term.
29.ATTORNEY’S FEES. The Association agrees to pay the cost of any legal proceedings,
including all attorney’s fees and court costs that are reasonably incurred by the City on account
of or because of the violation or alleged violation of any terms or provisions of this Agreement.
The City agrees to pay the cost of any legal proceedings, including all attorney’s fees and court
Page 8 Recreational Baseball Agreement
costs that are reasonably incurred by the Association on account of or because of the violation or
alleged violation of any terms or provisions of this Agreement.
30.NOTICES. Any notices required to be sent to the Association pursuant to this
Agreement shall be hand delivered, mailed, or faxed to the following:
Morgan Dunn
President, Hopewell Youth Association, Inc.
5665 Atlanta Hwy, Suite 103-321
Milton, Georgia 30004
Any notices, reports, approval requests, applications, or other documents required to be
sent to the City pursuant to this Agreement shall be sent to the following:
For Termination Notices, Insurance Certificates, and Financial Statements to:
City Manager
Billy Beckett
13000 Deerfield Parkway, Suite 107
Milton, Georgia 30004
Fax: 678-242-2499
For all other notices, reports, approval requests, applications, or other documents to:
Public Works Director
Daniel Drake
13000 Deerfield Parkway, Suite 107
Milton, Georgia 30004
Fax: 678-242-2499
31.CITY’S MARKETING OBLIGATIONS. The Association will comply with any
contractual marketing requirements with respect to sale of food and beverages in the concession
stands after receipt of a notice of the requirements from the City. The City Manager will consult
the President of the Association, or his/her designee, in any contractual marketing agreements
affecting the Park.
32.ASSOCIATION STATUS. It is the understanding of the City and the Association that
nothing contained in this Agreement shall be interpreted to assign to the Association any status
under this Agreement other than that of an independent Association.
33.IMMUNITY. Nothing in this Agreement shall be construed as a waiver of governmental
immunity by the City, its officers or employees.
Page 9 Recreational Baseball Agreement
34.COPIES. It is agreed between the City and the Association that this Agreement shall be
executed in an original and one copy, which may be used for any purpose for which the original
may be used.
35.NO ASSIGNMENT. The Association shall not have the right to assign the interest it
holds in this Agreement.
36.GOVERNING LAW. This Agreement shall be governed by the laws of the State of
Georgia.
37.NON-DISCRIMINATION. The Association shall not deny participation in any park or
program based on race, color, nation origin, religion, sex, age, or disability.
38.ADDITIONAL CITY POLICIES AND PROCEDURES. The Association members
agree to abide by all City policies and procedures in place at the time of execution of this
Agreement and any future policies and procedures or revisions to existing policies and
procedures upon receipt of notice of such new or revised policies and procedures.
39.LIMITATION OF AGREEMENT. The fields and facilities shall not be used for any
purpose other than those designated within this Agreement without the written consent of the
City. The Association may not host any additional tournament, clinic, camp, or other function,
without execution of a separate agreement.
40.ACCOUNTABILITY. The Association’s rights and the City’s obligations with respect
to this Agreement are expressly conditioned on the Association’s compliance with all reporting
and documentation requirements of this Agreement. (See, e.g., paragraphs 7, 9, 10, 12, 13, 14,
15, and 42.) In addition, the Association shall provide to the City and maintain a current copy of
the Association’s by-laws, articles of incorporation, and lists of officers and members of the
Board of Directors of the Association, including names, addresses, and phone numbers. Should
the Association fail to comply with any of these requirements, the City may, but shall not be
obligated to, terminate this Agreement. This provision is intended to be cumulative and shall not
limit any other rights the City may have under this Agreement.
41.ADVERTISING. The Association shall not post any advertising of any kind at or on the
Facilities without the prior written consent of the City. The City acknowledges that the
Association has a banner advertisement program already in effect. Any advertisements in place
on July 1, 2008 shall not be subject to this paragraph. The City agrees to waive any sign permit
fees and the Association agrees to comply with the sign ordinance or any other regulation related
to such advertisements.
42.NON-PROFIT STATUS. The Association must register with the Secretary of State’s
office as a non-profit organization. Proof of the Association’s continued non-profit status must
be submitted to the City on an annual basis.
Page 10 Recreational Baseball Agreement
43.CONCESSIONS. The Association may use the concession stands and the Bennett House
during the term of this Agreement. The Association shall be responsible for maintenance of the
concession stands and the Bennett House during the term of this Agreement.
44.ASSOCIATION BOARD MEMBERSHIP. The Association shall include at least one (1)
representative of the City on its Board of Directors, which representative shall be designated by
the City. Such representative shall be obligated to fulfill the same roles and responsibilities as is
common for all board members. The Association will actively encourage city residents to run
for Board of Director positions.
CITY:
________________________________ ______________________
Public Works Director Date
________________________________ ______________________
Mayor Date
ASSOCIATION:
________________________________ ______________________
By: Date
Its:
Page 11 Recreational Baseball Agreement
FACILITY USE AGREEMENT
FOR TRAVEL TEAMS’ USE OF
BELL MEMORIAL PARK
This Agreement is entered into this ___ day of ______, 20__ by and between the City of
Milton, Georgia (hereinafter referred to as “City”) and the Hopewell Youth Association, Inc.
(hereinafter referred to as “Association”).
1. PURPOSE. The City and the Association (hereinafter collectively referred to as
“parties”) acknowledge the great value of providing athletic opportunities for youth. The parties
to this contract further acknowledge the various assets the parties can bring to provide a positive,
beneficial athletic experience to the youth in and around the City. This Agreement is intended to
provide an opportunity for youth to participate in a competitive athletic experience through the
use of a city-owned park.
The parties acknowledge the popularity of and demand for competitive baseball teams at various
age levels in the City that travel to out-of-city tournaments (“travel teams”). The parties desire
to provide travel teams with an opportunity to use Bell Memorial Park pursuant to a democratic
selection process as schedules and field space allow.
The City’s interest in entering this Agreement is to provide priority use of City facilities to its
citizens and to those participants in recreational programs at Bell Memorial Park. The parties
intend that any conflicts between this Agreement and the Facility Use Agreement For
Recreational Baseball Play At Bell Memorial Park dated July ___, 2008 (“Recreational League
Agreement”), shall be resolved in favor of the Recreational League Agreement.
2. GENERAL AGREEMENT. Pursuant to the terms and conditions spelled out herein, the
City agrees to provide the Association with exclusive use of the facilities at Bell Memorial Park
and agrees to provide a competitive baseball program subject to the provisions described in this
Agreement and for the purposes set forth in Paragraph 1, above. The Association shall pay to the
City $1,000.00 each season for each travel team the Association allows to use the Facilities
pursuant to this Agreement (“lease fees”). The Association shall allow no more than six (6)
travel teams total, and no more than two (2) travel teams from any of the 9-10 year old, 11-12
year old, and 13-15 year old age groups to use the Facilities pursuant to this Agreement.
The Association shall select the travel teams entitled to use the Facilities and the specific times
the chosen teams may use the Facilities pursuant to this Agreement by an equitable process,
which shall include a decision by the board of directors of the Association, as comprised of
directors in compliance with paragraph 44 below, based on applications submitted to the board
by the travel teams prior to each season. The process for selection of travel teams shall be set
forth in a binding resolution of the Board of Directors and shall be approved by the City prior to
its formal adoption.
The baseball program described herein shall be designed as a program where children ages 9
through 15 are chosen to compete based on ability at the discretion of the Association in order to
compete on a travel out-of-park team. Notwithstanding any provisions to the contrary, no more
Page 1 Travel Teams Agreement
Deleted: described in Exhibit “A”
(“Facilities”) at the times listed in Exhibit
“B”
than fifty percent (50%) of the team members on each travel team shall be non-residents of the
City. Use of the Facilities granted herein shall be limited to practices, games, meetings, and
tryouts for the team(s) chosen by the Association. The program described herein and for which
use of the Facilities is granted expressly does not include tournaments outside of regular
practices, games, meetings, and tryouts, which such tournaments shall require separate
agreements between the parties.
The Association shall be responsible for the actions of the travel teams and accepts responsibility
for compliance with the terms and conditions of this Agreement by the individual travel teams.
3. TERM. Subject to any provisions of this Agreement relating to earlier termination, the
term of this Agreement shall be from July 1, 2008 thru December 31, 2009.
4. CONFLICT OF INTEREST. In order to prevent possible conflicts of interest, no
Association officer, or board member (or their immediate family member) may be employed or
otherwise financially involved with any commercial or private enterprise that provides goods or
services to the Association (including, but not limited to tournament hosting, professional
services, athletic equipment, apparel, and sports photography, with the exception of the
professional umpires or those youths participating in the youth employment programs). The City
shall immediately notify the Association of any challenge to the eligibility of a potential or
existing officer, or board member. In the event the City establishes an approved vendor list, the
Association shall insure that its vendors are selected from or are added to the City’s approved
vendor list.
The parties agree that the current Association policy that permits an office or board member one
(1) no-charge recreation-level registration is allowed to continue. This policy is acknowledged
by both parties as the only form of stipend, benefit, or payment to an officer or board member for
their service to the Association. In conjunction with this policy, the City agrees to waive one
non-resident fee for each of no more than four out-of-city Board members.
5. OTHER RULES. In addition to the terms and conditions set forth in this Agreement,
the Association shall comply with all laws, statutes, ordinances, rules, orders, regulations and
requirements of federal, state, county and city governments where applicable.
6. BACKGROUND CHECKS. In order to ensure the safety and well being of program
participants, the Association shall have criminal background checks performed on all officers,
board members, managers, assistant coaches, and umpires, aged 18 years and above. These
background checks will be paid by the individual for whom the background check is performed.
All background checks are to be conducted by a third party agency that specializes in this area in
accordance with city policies. The Association will disqualify any individual about whom the
background check described herein reveals a conviction or plea of guilty or no contest to crimes
suggesting it would be inappropriate for the individual to hold a position in the recreation
program. An initial background check shall be performed prior to an individual performing any
functions requiring a background check pursuant to this paragraph and annually thereafter no
later than December 31 of the calendar year following the date of the last background check in
Page 2 Travel Teams Agreement
Deleted: This Agreement shall be
limited to the times described in Exhibit
“B.”
order to insure that there have been no recent incidents that would be revealed by a background
check.
7. CERTIFICATION. The Association shall require and insure that all managers, coaches,
and assistant coaches, receive and maintain initial level membership in the National Youth
Sports Coaches Association and shall complete the On-line Clinic for baseball coaches. The
Association shall require and insure that all Association officers and board members receive and
maintain initial level membership in the national Youth Sports Administrators Association.
Records of the membership shall be maintained by the Association and copies of the certification
shall be delivered to the City no less than one week prior to the start of organized activities for
each season. The Association shall require and insure that all umpires and officials shall receive
appropriate certification from professional associations of umpires and officials.
8. DISCIPLINARY PANEL. The Association shall establish an Athletic Disciplinary
Panel to resolve disputes with respect to application of the Association’s rules related to
competition and participation in the program.
9. REGISTRATION. The Association will choose the participants for its program
according to schedules and guidelines set by the Association. The Association shall provide the
City with a written copy of the schedules and guidelines not later than fourteen (14) days after
the execution of this Agreement. Once registration is complete all of the registrants shall be
treated in all respects equally regardless of whether they registered during the first or second
phase of registration. Not less than thirty (30) calendar days after the last day of registration, the
Association shall provide to the City, a list of the registrants’ names, addresses, reported city of
residence, ages, and phone numbers.
10. RESIDENT FEES. The Association will charge reasonable fees to participants for
participation in the program authorized herein. The fees shall be sufficient to cover the
reasonable expenses associated with the operation of the program, the lease fees, and the
reinvestment requirement described in paragraph 12, below. The fees shall not be used to
financially benefit any officers, directors, or members of the Association. . Prior to the start of
registration, all proposed fees and charges must be submitted and approved by the City Manager.
The Association shall not allow any revenues generated from the recreational program described
in the Recreational League Agreement to be used to offset any of the expenses of the travel
teams.
11. SUPPLEMENTAL AND LATE FEES. Participants who are not residents of the City
shall pay an additional fee (“supplemental fee”) that is 50% of the fee charged to residents. All
supplemental and late fees paid over and above the resident fees shall be collected by the
Association and paid to the City no later than thirty (30) calendar days after the registration is
complete. Such fees shall be kept in a separate fund by the City for park improvement purposes.
Upon receipt of the Association’s registration data, the City will research each registrant to
confirm the accuracy of the reported city of residence. Any discrepancies from the City research
will be reported back to the Association. The Association is responsible to contact the registrant
and obtain proof of residency or the supplemental fee. The Association will provide the
Page 3 Travel Teams Agreement
collected supplemental fees to the City within thirty (30) days from receipt of the City’s list of
discrepancies.
12. REINVESTMENT. Of the resident fees collected by the Association, the Association
shall reinvest $500.00 per travel team for improvements to the fields or facilities located at the
Park each season. This reinvestment shall be in addition to the lease fees and shall be
accomplished by payment to the Association capital fund, as described in the Facility Use
Agreement for Recreation Baseball League Play at Bell Memorial Park between the parties, for
reinvestment purposes.
13. FINANCIAL REPORTING. No later than March 31 of the year following the term of
this Agreement, the Association shall provide to the City Manager full financial reports, and
prior year tax returns, including beginning and ending balance sheets and an annual income and
expense report detailing the amounts and sources of income (including, but not limited to,
resident fees, supplemental fees, concessions, grants, fundraisers, advertising, and grants) and
expenses of the Association for the previous calendar year, prepared by an independent certified
public accountant, and signed by the Association Board verifying the accuracy of the information
contained therein. In addition, at not less than 45 days after the end of each season, the
Association shall provide to the City Manager an accounting of program fees, fund raisers and
other income collected and the expenses incurred by the Association with respect to recreational
programs at the Park during the season. Also no later than March 31 of the year following the
term of this Agreement, the Association shall provide to the City Manager documentation and
receipts of payment with respect to amounts reinvested in the fields and facilities as required in
this paragraph.
No later than February 28 of the year following the term of this Agreement, the Association shall
provide to the City Manager rosters, including names and addresses for each player and coach,
and financial statements, showing income and expenses, for each of the travel teams selected and
operating pursuant to this Agreement.
Page 4 Travel Teams Agreement
14. INSURANCE. The Association shall procure at its own expense and shall maintain for
the term of this Agreement the following insurance for the travel teams chosen to use the
Facilities pursuant to this Agreement (with limits as shown herein) and shall protect the
Association and the City from any claims for property damage or personal injury, including
death, which may arise out of operations under this Agreement, and the Association shall furnish
the City Manager with certificates of such insurance with the City as an additional named
insured at least ten (10) days prior to use of the facilities:
a. Comprehensive General Liability Insurance providing coverage with
$1,000,000.00 single limit for bodily injury and property damage for each
occurrence including contractor’s liability insurance covering any indemnification
or hold harmless provision of this Agreement.
b. Automobile Liability Insurance providing the following coverage: personal
injury, including death, limits of $200,000.00 for each person and $500,000.00 for
each accident; property damage limits of $100,000.00 for each accident and
$200,000.00 for the aggregate of operations; vehicular liability limits of
$100,000.00 for any person or $200,000.00 for each occurrence.
c. Worker’s Compensation-Statutory and Employer’s Liability Insurance in the
amount of $500,000.00 for each occurrence and $1,000,000.00 for aggregate of
operations.
The insurance coverage required herein shall not be cancelled or materially altered, or allowed to
lapse until thirty (30) days’ written notice has been received by the City Manager, and it shall be
the Association’s responsibility to see that each company providing this coverage understands
and complies with this required notice. Such policies shall be primary and non-contributing with
or in excess of any insurance carried by the City. The Association shall not do any act which
may make void or voidable any such policy or any other insurance on the facilities.
The Association shall further either (a) require each of its subcontractors to procure and to
maintain during the term of his subcontract Subcontractor’s public liability and property damage
and vehicle liability insurance of the type and in the same amounts as specified in this section, or
(b) insure the activities of the Association’s subcontractor in the Association’s own insurance
policy. Such subcontractors include any firm or contractor hired by the Association to perform
services.
It is the responsibility of the Association to insure any contents stored in any concession stands,
offices, or other storage buildings.
15. SCHEDULING AND USE. The Association shall request the issuance of a permit by
the City for the times identified in Exhibit “B.” Upon receipt of all materials required by this
Agreement, the City will issue a Facility Use Permit. It is understood by both parties that this
schedule must be specific enough to allocate blocks of time to the fields as required for games,
tryouts, meetings, and practices so as not to interfere with the recreational program’s use of the
Page 5 Travel Teams Agreement
fields pursuant to the Recreational League Agreement. The Association’s use of the Facilities
shall be limited to those times set forth in the Facility Use Permit and shall not be used for any
purposes other than the program described herein.
Other than the times set forth in the Facility Use Permit issued by the City, the fields and
facilities shall be available to the public on a first-come first-served basis (unless other
agreements have been executed by the City) and the Association shall have no special rights or
privileges. The parties agree that the schedule for the travel teams’ use of the Facilities shall not
interfere with the use of the Facilities by the recreational program described in the Recreational
League Agreement. The Association may not prohibit public access to fields and facilities during
unscheduled times. The Association may not manipulate fields and facilities at the expense of
public access rights or at the expense of the recreational program’s rights pursuant to the
Recreational League Agreement.
The Association must receive written permission from the City to use Association locks on
buildings, light boxes, and gates. If such permission is granted, the Association must furnish the
City with a tagged key to each lock. Failure to provide such keys will result in the locks being
cut. The City, or any of its agents or employees, shall have the right to enter upon the said
premises at any time during the term of this Agreement to examine, inspect, or supervise as
deemed necessary by the City.
16. SAFETY. In accordance with the Georgia Recreation and Park Association’s policy
concerning outdoor activities in extreme heat, as a condition of using the city sports facilities, the
Association must abide by the following: “It is the policy of GRPA that outdoor events
sponsored by GRPA will not be held under hazardous conditions such as severe weather that
includes high winds, heavy rain, lightning, and conditions where air quality is at an index greater
than 100 or surface smoke has been identified as unsafe.”
The Association is responsible for operating the program in as safe an environment as possible.
All sports equipment must meet national safety standards with regular documented inspection as
to the condition of the equipment performance. This includes equipment rented, leased, donated,
or loaned to participants by the Association. All fields should be inspected before each use to
insure a safe environment.
The Association shall insure that no less than one coach or assistant coach is on duty when teams
or players occupy the Facilities. The Association must have a sufficient number of mature
representatives present to supervise all scheduled activities from the time the participants arrive
until the area has been completely vacated.
The Association shall have on hand and readily-available and maintain a first aid kit to deal with
cuts, bruises, and other minor injuries that may occur during activities. The Association is
encouraged to arrange for the availability of defibrillators with trained members at the Facilities.
17. TRASH. The City shall provide trash receptacles throughout Bell Memorial Park and
will remove trash from the receptacles not less than twice a week. The Association shall be
responsible for daily clean-up, placing litter in proper containers, and cleaning the concession
Page 6 Travel Teams Agreement
stands, bleachers, fields, dugouts, or any other areas used by the Association prior to leaving the
facilities after each function (games and practices). The Association is empowered by the City to
and shall have the ability and right to police the Facilities for littering.
If clean up for each function (games and practices) is not done in a reasonable amount of time,
then the City will immediately notify the Association and the Association will send out staff or
members to clean up such areas within 24 hours. The Association shall promote and encourage
proper trash disposal to coaches, parents, and team members.
18. RESTROOMS. The City shall clean and stock the restrooms at Bell Memorial Park no
less than two (2) times per week. The Association shall be responsible for monitoring the
restrooms during its use of the facilities. The Association shall arrange for hourly inspections to
ensure that the restroom facilities are not being damaged. The Association shall be responsible
for locking the restroom facilities as the conclusion of each function.
Repairs to damages to the restroom facilities that can be traced to acts of the Association’s
members or the failure of the Association to take actions required by this Agreement shall be
deducted from the clean-up deposit and replenished by the Association as set forth with respect
to clean-up of the Facilities.
19. FIELD MAINTENANCE. The Association shall be responsible for maintenance of the
fields including, but not limited to, mowing the grass portions of the infields, maintaining and
servicing the “dirt” portions of the fields, preparing bases, mounds, and fences, and applying
lines. The Association shall be responsible for providing any materials or supplies necessary to
perform the maintenance.
The City shall be responsible for mowing the outfield grass on all fields and all grass on the
outside of the fenced areas of the ballfields, as needed. The City shall be responsible for
providing any materials or supplies as needed for this function.
20. UTILITIES. The City will supply water to the fields and facilities. The City will provide
all utilities associated with the Bennett House. The City will provide electricity to the fields and
concession stands.
The Association will be responsible for watering the fields in full compliance with all federal,
state, county, and city laws, rules, regulations, and published policies with respect to water use.
To the extent the City is required to pay any fines, fees, or other penalties as a result of the
Associations violation of this section, the Association shall reimburse the City for any such
penalties no later than seven (7) days after receiving written notice from the City of the amount
of the penalty.
The Association will provide the City a schedule of the hours field lighting is required at least
one week prior to each season. The City will ensure the field lights are turned on and off,
according to the agreed upon schedule. The Association will not have access to the field lights
or timers and is not allowed to turn the field lights on or off.
Page 7 Travel Teams Agreement
21. INDEMNIFICATION. The Association and the travel teams shall protect, defend,
indemnify, and hold harmless the City, its Mayor, Council members, officers, employees,
successors, assigns, and agents from and against any and all claims, suits, losses, liabilities,
damages, deficiencies, expenses, or costs (including, but not limited to, reasonable attorney’s
fees, investigative and/or legal expenses, and costs of judgment, settlements, and court costs)
(hereinafter referred to as “Claims”) suffered or incurred by such parties whether arising in tort,
contract, strict liability, or otherwise and including, but not limited to, personal injury,
negligence, wrongful death, or property damage, regardless of the outcome of any such action,
proceeding, or investigation caused by, related to, based upon, or arising out of the Association’s
or the travel teams’ use of the Facilities, provision of Athletic Programs or activities, or
otherwise, excluding Claims caused by the sole negligence of the City. The language of this
indemnification clause shall survive the termination of this Agreement, even if the City
terminates this Agreement for convenience.
22. REPAIRS AND ALTERATIONS. The Association shall obtain prior written approval
and consent from the Public Works Director before making any major repairs, or any
improvements, additions or alterations to any of the Facilities. Notwithstanding whether or not
prior written permission was obtained, all improvements, additions, or alterations to the Facilities
shall become the property of the City and remain upon said premises and be surrendered with the
premises at the termination of this Agreement. Failure to obtain prior written permission from
the City can constitute cause for the immediate termination of this Agreement.
All repairs or alterations shall be subject to the general provisions of this Agreement requiring
the Association to obtain the City’s prior approval for any additions or changes to existing fields
and Facilities and providing that any such additions or changes shall become the property of the
City. To the extent any reinvestment work is to be performed by any party other than the
Association, any such contract or subcontract agreement for the provision of such
services/improvements shall be in a form approved by the City Manager and such contract shall
not be executed without the prior written consent of the City Manager. The City Manager shall
respond, in any way, within five (5) business days of receiving a written request for contract
approval
23. VANDALISM. The Association and travel teams are responsible for reporting all acts of
vandalism to the facilities or Association property to the City not later than the next working day
after detection of the vandalism. A copy of the police report must be filed with the City. If the
damage is a result of Association members’ negligence or failure to comply with accepted
operational or security measures, the Association will be responsible for making the necessary
repairs or for reimbursing the City for all or part of any repair costs incurred by the City, at the
City’s discretion.
24. CONTROL OF BEHAVIOR. The Association is empowered by the City to and shall
control the behavior of participants and spectators during the functions to the same extent the
City is so empowered. The Association can eject an unruly or dangerous participant, coach,
parent, or spectator from the premises during sporting events. This authority may be exercise
only by an Association board member, coach, or umpire.
Page 8 Travel Teams Agreement
25. NUISANCE. The Association agrees to take any action necessary to prevent or correct
any nuisance or other grievances upon, or in connection with, said premises during the terms of
this Agreement.
26. MEMBERSHIP MEETING. The Association shall conduct at least one (1) membership
meeting each season/year at a time and place fixed by the Association, at which the City shall be
entitled (but not obligated) to have a representative present, for the purpose of addressing any
concerns with respect to the operation and conduct of the recreational program described herein.
The Association shall make reasonable efforts to notify all participants of each meeting at least
one (1) month prior to the meeting including, but not limited to distribution of flyers to
participants at practices or games, email release to current participants, and posting on the
Association website.
27. CUMULATIVE RIGHTS. The rights of the City under this Agreement shall be
cumulative, and the failure of the City to exercise promptly any right hereinafter shall not operate
to forfeit or waive any of those rights.
28. DEFAULT. If the Association defaults on any obligation under this Agreement or
violates any term hereof, the City may immediately terminate this Agreement. In the event of
such termination the Association shall be liable to the City for any unpaid or unperformed
portion of the reinvestment funds for such term. . If the City defaults on any obligation under
this Agreement or violates any term hereof, the Association may immediately terminate this
Agreement. In the event of such termination the Association shall be liable to the City for any
portion of the reinvestment funds, including unpaid or unperformed, for such term.
29. ATTORNEY’S FEES. The Association agrees to pay the cost of any legal proceedings,
including all attorney’s fees and court costs that are reasonably incurred by the City on account
of or because of the violation or alleged violation of any terms or provisions of this Agreement.
The City agrees to pay the cost of any legal proceedings, including all attorney’s fees and court
costs that are reasonably incurred by the Association on account of or because of the violation or
alleged violation of any terms or provisions of this Agreement.
30. NOTICES. Any notices required to be sent to the Association pursuant to this
Agreement shall be hand delivered, mailed, or faxed to the following:
Morgan Dunn
President, Hopewell Youth Association, Inc.
5665 Atlanta Hwy, Suite 103-321
Milton, Georgia 30004
Any notices, reports, approval requests, applications, or other documents required to be
sent to the City pursuant to this Agreement shall be sent to the following:
For Termination Notices, Insurance Certificates, and Financial Statements to:
City Manager
Page 9 Travel Teams Agreement
Billy Beckett
13000 Deerfield Parkway, Suite 107
Milton, Georgia 30004
Fax: 678-242-2499
For all other notices, reports, approval requests, applications, or other documents to:
Public Works Director
Daniel Drake
13000 Deerfield Parkway, Suite 107
Milton, Georgia 30004
Fax: 678-242-2499
31. CITY’S MARKETING OBLIGATIONS. The Association will comply with any
contractual marketing requirements with respect to sale of food and beverages in the concession
stands after receipt of a notice of the requirements from the City. . The City Manager will
consult the President of the Association, or his/her designee, in any contractual marketing
agreements affecting the Park.
32. ASSOCIATION STATUS. It is the understanding of the City and the Association that
nothing contained in this Agreement shall be interpreted to assign to the Association any status
under this Agreement other than that of an independent Association.
33. IMMUNITY. Nothing in this Agreement shall be construed as a waiver of governmental
immunity by the City, its officers or employees.
34. COPIES. It is agreed between the City and the Association that this Agreement shall be
executed in an original and one copy, which may be used for any purpose for which the original
may be used.
35. NO ASSIGNMENT. The Association shall not have the right to assign the interest it
holds in this Agreement.
36. GOVERNING LAW. This Agreement shall be governed by the laws of the State of
Georgia.
37. NON-DISCRIMINATION. The Association shall not deny participation in any park or
program based on race, color, nation origin, religion, sex, age, or disability.
38. ADDITIONAL CITY POLICIES AND PROCEDURES. The Association members
agree to abide by all City policies and procedures in place at the time of execution of this
Agreement and any future policies and procedures or revisions to existing policies and
procedures upon receipt of notice of such new or revised policies and procedures.
39. LIMITATION OF AGREEMENT. The fields and facilities shall not be used for any
purpose other than those designated within this Agreement without the written consent of the
Page 10 Travel Teams Agreement
City. The Association may not host any additional tournament, clinic, camp, or other function,
without execution of a separate agreement. The Association shall have no right or authority to
grant use of the Facilities to any group or entity other than the selected travel teams pursuant to
this Agreement.
40. ACCOUNTABILITY. The Association’s rights and the City’s obligations with respect
to this Agreement are expressly conditioned on the Association’s compliance with all reporting
and documentation requirements of this Agreement. (See, e.g., paragraphs 7, 9, 10, 12, 13, 14,
15, and 42.) In addition, the Association shall provide to the City and maintain a current copy of
the Association’s by-laws, articles of incorporation, resolutions, policies, guidelines, and lists of
officers and members of the Board of Directors of the Association, including names, addresses,
and phone numbers. Should the Association fail to comply with any of these requirements, the
City may, but shall not be obligated to, terminate this Agreement. This provision is intended to
be cumulative and shall not limit any other rights the City may have under this Agreement.
41. ADVERTISING. The Association shall not post any advertising of any kind at or on the
Facilities without the prior written consent of the City. The City acknowledges that the
Association has a banner advertisement program already in effect. Any advertisements in place
on July 1, 2008 shall not be subject to this paragraph. The City agrees to waive any sign permit
fees and the Association agrees to comply with the sign ordinance or any other regulation related
to such advertisements.
42. NON-PROFIT STATUS. The Association must register with the Secretary of State’s
office as a non-profit organization. Proof of the Association’s continued non-profit status must
be submitted to the City on an annual basis.
43. CONCESSIONS. The Association may use the concession stands and the Bennett
House during the term of this Agreement. The Association shall be responsible for maintenance
of the concession stands and the Bennett House during the term of this Agreement. The
Association shall not allow the travel teams to use the proceeds from concession sales during
recreational program use of the Facilities to offset travel team expenses.
44. ASSOCIATION BOARD MEMBERSHIP. The Association shall include at least one
(1) representative of the City on its Board of Directors, which representative shall be designated
by the City. No more than 25% of the members of the Board shall reside outside of the City.
Such representative shall be obligated to fulfill the same roles and responsibilities as is common
for all board members. The Association will actively encourage city residents to run for Board
of Director positions.
Page 11 Travel Teams Agreement
________________________________ ______________________
________________________________ ______________________
________________________________ ______________________
CITY:
Public Works Director Date
Mayor Date
ASSOCIATION:
By: Date
Its:
Page 12 Travel Teams Agreement
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
To: Honorable Mayor and City Council Members
From: Connie Jacobs, Human Resources Manager
Date: Submitted on July 25, 2008 for August 4, 2008 City Council Meeting
Agenda Item: Approval of a Resolution Authorizing a new 401(a) Plan setup
CMO (City Manager’s Office) Recommendation:
Adopt the attached resolution authorizing participation in a new 401(a) Plan. This plan will be
set up as outlined in the employment agreement between the City and the City Manager.
Background:
To enroll the City Manager into the City’s qualified 401(a) defined contribution plan offered
through ICMA Retirement Corporation. The City Manager shall be immediately vested in the
401(a) Plan as stated in the employment agreement.
Discussion:
The contribution requirements and matching contributions by the Employer shall be applied the
same as for all other City of Milton employees under the prevailing policies however, this plan
has been designed to show The City Manager is immediately vested.
Concurrent Review:
Billy Beckett, City Manager
X:\City Clerk\Master Agendas 2008\August 4\Memo 401 agenda.doc 1
RESOLUTION FOR A LEGISLATIVE BODY RELATING TO A MONEY PURCHASE PLAN
RESOLUTION OF (EMPLOYER NAME).
WHEREAS, rhe Employer has employees rendering ~Iuabieservices; and
WHEREAS, the establishment of a money ~urchaseretirement plan benefits employees hy providing funds for retirement and
funds for their bcncficiarics in rhc cwnt of dearh; and
WHEREAS, the Employer desires thar its money purchase retirement plan be administered by ICMA-RC and that rhe funds
held in such plan be invested in the VantageTrust, a rrusr established by public ernpIoy~rsFor the collecrive invesrmenc of funds
held under their retirement and deferred compensation plans:
NOW THEREFORE BE IT RESOLVED char rhe Employer hereby establishes or has established a money rerircrnrnt
plan (the "Plan") in the form of: (Sdea one)
@ The ICMA Retiremenr Corporation Governmental Money Purchase Plan & Trust, pursuant to rhc. specific provisions
of the Adoption Agreement (executed copy amched hereto).
0 The Plan and Trusr provided by the Employer (executed copy attached hereto).
Thc Plan shall be maintaincd for rhc cxclusivc benefit of cligiblc cmployccs and thcir bcncficiarics: and
BE ITFURTHER RESOLVED chat the Employer hereby executes the Declaration of Trust of VantageTrust, and attached
hereto as Appendix B, intending chis execution to be operative with respect to any retirement or deferred compensation plan
subsequently established by the Employer, if the assets of the plan are to be invested in rhe VantageTrust.
BE IT FURTHEK RESOLVED that the ErnpIoyrr hereby agrees to szrvc as trustee undcr the t'lan and ro invest Funds held
under [he Plan in the VantageTrust; and
RE IT FURTHER resolved that the (use title of official, nor
name) shall be the coordinator for the Plan; shall receive reports, notices, etc., From the lCMA Retirement Corporation or the
Vanra~Trusr;shall cast, on behalf of the Employer, any required votes under rhc VantagcTnrst; may delegate any adrni~~istrarivc
duries relacing to the Plan to appropriate departments; and
RE IT FURTHER RESOLVED that rhe Employer hereby authorizes (use title not name} ro execure all
necessary agreements with the ICMA Retirement Corporation incidental to the administration of the Plan.
1, .Clerk of the (City, County, erc.) of .do hereby cerrify rhar the foregoing
resolution proposed by (CounciI Member, Trustee, etc.) of ,was duly passed and adopted
by the (CounciI, Board. etc.) of €he(City, County, etc.) OF at a regular meeting thereof assembled
this day of ,200, by the foIlowing vote:
AYES:
NAYS :
(SEAL)
Clerk of the (City, County, etc.)
ICMA-RC P.0.Box 96220 -Washington, DC 20090-6220 1-800-326-7272