The URL can be used to link to this page

Home My WebLink About09-03-2008-PacketCITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Tina D’Aversa Alan Tart Wednesday, September 3, 2008 Regular Council Meeting Agenda 6:00 PM INVOCATION – Scott Seeke, Pastor, River Lutheran Church 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) (Agenda Item No. 08-654) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) 5) PUBLIC COMMENT 6) CONSENT AGENDA (Agenda Item No. 08-655) 1. Approval of the August 11, 2008 Special Called Meeting Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 08-656) 2. Approval of the August 11, 2008 Work Session Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 08-657) 3. Approval of the August 18, 2008 Regular Meeting Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 08-658) 4. Approval of the Financial Statements for the period ending July 2008. (Stacey Inglis, Finance Manager) 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 SEPTEMBER 3, 2008 – 6:00 PM (Agenda Item No. 08-659) 5. Approval of a contract between the City of Milton and Safebuilt for Fire Marshal plan review and inspection services. (Chris Lagerbloom, Public Safety Director) (Agenda Item No. 08-660) 6. Approval of Land Development Final Plats: 1) Milton Place, Revise street names 2) Clearbrooke - Revise to add Common area easement 3) Pleasant Hollow - Revise property lines 4) Another Day Ranch - Minor plat, 1 additional lot (Alice Wakefield, Community Development Director) 7) REPORTS AND PRESENTATIONS (None) 8) PUBLIC HEARINGS 1) Public Hearing on Ordinance to Adopt adjustments to the Fiscal 2008 Budget for each fund of the City of Milton, Georgia. 2) Public Hearing on Ordinance to Adopt the Fiscal 2009 Budget for each fund of the City of Milton, Georgia. 9) FIRST PRESENTATION (Agenda Item No. 08-661) 1. Approval of an Ordinance Amending the Rules of Procedure for City Council meetings and Public Hearings for the City of Milton. (Presented by Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 08-662) 2. RZ08-08/U08-04/VC08-04, 3501, 3499 Bethany Bend Road - To rezone from AG-1 to TR (Townhouse Residential) and obtain a use permit for senior housing to develop 98 residential units at a density of 19.84 units per acre (Article 19.4.41(2)). The applicant is also requesting a 2 part concurrent variance: 1) To reduce the setback from 100 feet to 10 feet for swimming pools, pool equipment, accessory structures and fencing (Article 19.3.12.3). 2) To increase from 2 stories (30 feet) to 3 stories (40 feet) from average finished grade to bottom of roof eave (Article 12G.4.F.14). (Agenda Item No. 08-663) 3. U08-05/VC08-05, 1150 Birmingham Road -To obtain a use permit to develop a cemetery on approximately 17.313 acres (Article 19.4.9). The applicant is also requesting a concurrent variance: 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 SEPTEMBER 3, 2008 – 6:00 PM 1) To delete the 75’ buffer and 10’ impervious setback to 0’ along western property lines N 00˚32’03” W for 360.96’, S 89˚27’57” W for 65.23’, and N 00˚32’’03” W, along all eastern property lines, and along the northern property line from northeastern corner to the 50’ stream buffer line for a distance of 320’ (12H.3.1 Section C.2). (Agenda Item No. 08-664) 4. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt amendments to the Fiscal 2008 Budget for each Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Presented by Stacey Inglis, Finance Manager) (Agenda Item No. 08-665) 5. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2009 Budget for Each Fund of the City of Milton, Georgia Appropriating the Amounts Shown in Each Budget as Expenditures, Adopting the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Presented by Stacey Inglis, Finance Manager) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS (None) 12) NEW BUSINESS (Agenda Item No. 08-666) 1. Approval of a Resolution Appointing an Advisory Committee for the Solid Waste Management Plan (TARA Committee). (Presented by Dan Drake, Public Works Director) 13) MAYOR AND COUNCIL REPORTS 14) STAFF REPORTS 15) EXECUTIVE SESSION (if needed) (Agenda Item No. 08-667) 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 8- 2" City of Milton -A----"" ---+>+-------* --.-?" " s 13000 Deerfield Parkway Suite 1076 Milton, Georgia 30004 <-J 'a To: Honorable Mayor and City Council Members From Stacey Inglis, Finance Manager Date: Submitked on August 15 for September 3,2008 City Council Meeting Agenda Item: Financial Status Report tor Period 10 -July 2008 OVERVIEW and FINANCIAL HIGHLIGHTS: General Fund During the month of July, the City collected $913,796 from its revenue sources and another $4,176,896 from Fulton County for SSD funds. The total revenues to-date are $11,838,304. Not including the SSD funds, this is 31.23% over the anticipated revenues for the period ending June 30,2008. Total expenditures to-date are $11,266,780 and are 7.87% Iess than expected for this time of the fiscaI year. CcIpifnI PmjecS Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $1,919,762, capital expenditures-to-date total $189,407. There are several projects in Public Works that will be started in the next few months. FINANCIAL OPERATIONS: Tree Replacement Fund: Balance: $0 Sidewalk Replacement Fund: BaIance: $47,011 Gity of Milton Capital Project Fund Statement of Revenues, Ependitures, and Changes in Fund Balances -Budget and Actual For the Period Ended July 31,2008 Original Varianae wlth Budgeted Final Current Period Year-to.Date Final Budget - Amounts Budgeted Amounts Actuals Actuals Positive (Negative) REVENUES Charges for Semce Hcrst Fees Sol~dWaste Fees lnterest Revenue Sidewalk Replacement Acmunt Total revenues EXPENDITWRES Capital Outlay Unallocated' Public Safety Community Se~ms-Public Wmk Community Se~ces-Recreatiin L Parks Community Development Total Capital Outlay Exoess of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfern in from General Fund Budgeted Fund Balance Total other financ~ngsources and uses Net change in fund balances Fund balances -beginning 520.124 Fund balances -ending S -S (319,750) 5 2.435.358 City of Milton Hotel~otelTax Fund Statement of Revenues, Ependitures, and Changes in Fund Balances -Budget and Actual For the Period Ended July 31,2008 Original Budget Final Budgeted Current Period Year-ta-Date Varianoe with Final Budget - Amounts Amounts Actuals Actuals Positive (Negative] REVENUES Taxes HotellMotel Taxes $ 52,000 $ 52,000 S 5,542 $ 44,879 S (7.12f Interest Revenues $ -$ S 22 $ 166 $ 166 Total revenues 52,000 $ 52,000 S 5,564 $ 45,045 S (5,955)- OTHER FINANCING SOURCES (USES) Transfers out to General Fund (52,0011) $ (52,000) S (5,542) $ (44,879) $ 7,121 Total other financing sources and uses $ (52,000) $ (52,000) S (5,542) 5 (44,879) $ 7,121 Net change in fund balances 22 166 166 Fund balances -beginning Fund balances -ending Cily of Milton Operating Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances -Budget and Actual For the Period Ended July 31, 2008 Original 'Budget Amounts final Budgeted Amounts Current Period Actuals Project-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues State Grant -Operating Cat-Indirect Interest Revenues Total revenues EXPENDTTURES Current. Public Safety Community Deveropment Total Expenditures Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers in from General Fund Budgeted Fund Balance Total other financing sources and uses Net change in fund balances Fund balances -beginning Fund balances -ending City of Milton Capital Grant Fund Statement of Revenues, Ependitures, and Changes in Fund Balances -Budget and Actual For the Period Ended July 34,2008 Original Budgeted Amounts Original & Final Budgeted Amounts Current Period Actuals Project-to-Date Aduals Variance with Final Budget - Positive (Negative) REVENUES IntergovernmentalRevenues StateCapital-Direct Grant Interest Revenues Contributions & Donations Total revenues EXPENDITURES Capital Outlay Unallocated Public Safety Community Services -Public Works Community Services -Recreation & Parks Community Development Total Capital Outlay Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfen in from General Fund Budgeted Fund Balance Total other financing sources and uses Net change In fund balances Fund balances -beginning Fund balances -ending City of Milton General Fund Statement of Revenues, Expenditures, and Changes in Fund Balances -Budget and Actual For the Period Ended July 31, 2008 Variance with Original Final Expected Actual Expected Rev/Exp % Variance Prior Year Budgeted Budgeted Rev/Exp Rev/Exp Final Budget Year-to-date Over/(Under) Actuals Amounts Amounts Year-to-Date Year-to-Date Positive/(Negative) Positive/(Negative) Expected notes REVENUES Taxes: Property Tax 7,661,064 8,600,544 9,706,821 0 1,189,777 (8,517,044) 1,189,777 0.00% collected in Sept/Oct Local Option Sales Tax 3,482,745 4,123,154 4,167,423 2,778,282 2,714,003 (1,453,420) (64,279) -2.31% 2 months in arrears Business & Occ Tax 555,084 650,000 650,000 617,500 573,217 (76,783) (44,283) -7.17% renewals collected in March. Used 95% for June collection Motor Vehicle Tax 336,404 400,000 413,000 344,167 409,931 (3,069) 65,765 19.11% current Intangible Tax 255,072 320,000 200,000 150,000 163,819 (36,181) 13,819 9.21% one month in arrears Real Estate Transfer Tax 78,593 75,198 47,000 35,250 35,894 (11,106) 644 1.83% one month in arrears Alcohol Beverage Excise Tax 217,718 250,000 254,000 190,500 197,375 (56,625) 6,875 3.61% one month in arrears Financial Institution Tax 22,465 30,000 30,000 30,000 29,031 (969) (969) -3.23% collected in March Penalties & Interest 0 0 36,000 6,000 61,988 25,988 55,988 933.14% current Intergovernmental Revenue: SSD Funds Fulton County 0 0 0 0 4,176,896 4,176,896 4,176,896 100.00% Licenses and Permits: Alcohol Beverage Licenses 110,465 129,500 125,000 118,750 119,855 (5,145) 1,105 0.93% renewals collected in Nov. New licenses issued periodically Zoning & Land Use Permits 124,954 84,000 52,000 43,333 53,691 1,691 10,358 23.90% current Land Disturbance 154,218 150,000 60,000 50,000 45,541 (14,459) (4,459) -8.92% current Sign Permits 8,400 8,400 8,400 7,000 7,106 (1,294) 106 1.52% current Building Permits 80,536 62,500 140,000 116,667 131,438 (8,562) 14,771 12.66% current Other Non-Business Licenses 38,510 19,410 7,734 6,445 9,457 1,723 3,012 46.73% current Charges for Service: Franchise Fees 1,100,437 1,100,000 1,195,924 597,962 1,133,240 (62,684) 535,278 89.52% quarterly (except GA Power) Court Admin Fees 61,918 485,119 154,000 109,083 147,744 (6,256) 38,660 35.44% 1.5 months in arrears Other Charges for Service 70,937 116,313 119,618 99,682 121,368 1,750 21,686 21.76% current Fines/Forfeitures 200,961 1,070,247 554,000 392,417 395,727 (158,273) 3,310 0.84% 1.5 months in arrears Investment Earnings 67,956 40,000 130,000 108,333 101,586 (28,414) (6,747) -6.23% current Contributions and Donations 3,462 5,000 5,000 0 13,817 8,817 13,817 100.00% current Other 27,945 13,200 44,267 36,889 5,802 (38,465) (31,087) -84.27% current Total revenues 14,659,841 17,732,585 18,100,187 5,838,260 11,838,304 (6,261,883) 6,000,045 102.77% EXPENDITURES General government Mayor and Council 262,514 396,330 688,178 573,482 499,079 189,099 (74,403) -12.97% Clerk of the Council 164,613 485,602 586,991 489,159 472,288 114,703 (16,871) -3.45% City Manager 542,185 365,784 424,676 353,897 328,425 96,251 (25,472) -7.20% Program Manager 0 309,440 0 0 0 0 0 0.00% Legal Services 220,428 180,000 180,000 150,000 157,917 22,083 7,917 5.28% 2 months in arrears Municipal Court 332,251 434,805 606,570 505,475 446,534 160,036 (58,941) -11.66% Operations 2,057,206 2,272,214 1,971,026 1,642,522 1,585,577 385,449 (56,945) -3.47% Finance, IT, & HR Risk Management 128,097 236,030 236,030 196,692 154,322 81,708 (42,370) -21.54% Public Information 278,616 82,360 180,199 150,166 150,099 30,100 (67) -0.04% Operating Reserve 0 530,000 477,680 0 0 477,680 0 Total General Government 3,985,908 5,292,565 5,351,350 4,061,392 3,794,241 1,557,109 (267,151) -6.58% Public safety 5,706,448 6,450,888 6,472,043 5,393,369 4,777,159 1,694,884 (616,210) -11.43% Admin, Police & Fire Community Services-Public Works 1,657,099 1,753,254 1,741,731 1,451,443 1,380,992 360,739 (70,451) -4.85% Community Services-Parks & Rec 14,956 418,063 163,649 136,374 131,535 32,114 (4,839) -3.55% Economic and Community Development 940,643 1,273,886 1,423,829 1,186,524 1,182,853 240,976 (3,671) -0.31% Total expenditures 12,305,054 15,188,656 15,152,602 12,229,102 11,266,780 3,885,822 (962,322) -7.87% Excess of revenues over expenditures 2,354,787 2,543,929 2,947,585 (6,390,842) 571,524 (2,376,061) 6,962,366 -108.94% OTHER FINANCING SOURCES (USES) Transfers out (386,000) (1,734,107) (2,143,857) (1,250,583) (908,111) 1,235,746 342,472 -27.38% Transfers in from Hotel/Motel Tax Fund 40,966 52,000 54,000 45,000 44,879 (9,121) (121) -0.27% Capital lease payment 0 (711,822) (709,394) (709,394) (709,394) 0 0 0.00% TAN interest (142,690) (150,000) (148,334) (123,612) (125,941) 22,393 (2,329) 1.88% Insurance proceeds 2,733 0 0 0 26,955 26,955 26,955 100.00% Total other financing sources and uses (484,991) (2,543,929) (2,947,585) (2,038,589) (1,671,612) 1,275,973 366,977 -18.00% Net change in fund balances 1,869,796 0 0 (8,429,431) (1,100,087) (1,100,087) 7,329,343 -86.95% Fund balances -beginning 1,869,796 1,869,796 1,869,796 1,869,796 0 0 Fund balances -ending 1,869,796 1,869,796 1,869,796 (6,559,635) 769,709 1,100,087 7,329,343 -111.73% City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, Director Milton Department of Public Safety Date: Submitted on August 21, 2008 for the September 3, 2008 Council Meeting Agenda Item: Approval for the Public Safety Department to enter into a contract with Safebuilt Georgia, Inc. for the provision of duties associated with the Fire Marshal City Manager’s Office Recommendation Authorize the Department of Public Safety, under the direction of the City Manager, to execute and maintain the attached agreement with Safebuilt Georgia, Inc. Background It is incumbent upon the City of Milton to provide building plans review and inspections to ascertain compliance with NFPAs Life Safety Code and other applicable standards that regulate fire and life safety in construction and maintenance of all buildings addressed by the code. These duties are generally provided by the Office of the Fire Marshal (as delineated by Chapter 15, Health and Public Safety of the Municipal Code). Discussion The fire marshal of the City of Milton is currently serving in a part-time role and is primarily employed by the City of John’s Creek Fire Department. As that agency assumes full duties from Fulton County (tentatively scheduled for October, 2008), this arrangement will no longer be feasible. In anticipation of that change, the Department of Public Safety, in consultation with the City Manager, has determined that the best course of action is to enter into a contract with a private corporation with the knowledge and expertise to provide the requisite services. The potential contract with Safebuilt, Inc. will provide these services. Funding and Fiscal Impact The recent enactment of fees associated with the Fire Marshal duties (Chapter 15, Article 4, Section 16) shall cover the contracting cost for this position. Therefore, the position will be funded through a portion of this newly realized revenue stream and will therefore be neutral in regard to our current operating budget. Alternatives: The city may begin a process to hire a fully-qualified outside individual to serve as the Fire Marshal. This would create a lag in deployment of the new official (Safebuilt is ready to assume duties immediately). Additionally, as an interim step, the City may contract with Safebuilt Inc while training current personnel in the duties of Fire Marshal. 1 City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 Concurrent Review: Billy Beckett, City Manager Jarrard and Davis, LLC. City Attorneys 2 City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Billy Beckett, City Manager Jeanette Marchiafava, City Clerk and Clerk of the Court Date:August 25, 2008 for September 3, 2008 City Council Meeting for First Presentation and onto the September 15, 2008 City Council Meeting for Second Reading Agenda Item: An Ordinance Adopting Amended Rules and Procedures for the City Council Meetings and Public Hearings for the City of Milton, Georgia CMO (City Manager’s Office) Recommendation: Approve the attached ordinance adopting the Rules and Procedures of public meetings held by the City of Milton, providing for an orderly process of conducting business, and for other purposes. These amendments were discussed at the August 11, 2008 Work Session. Background: Governments traditionally adopt Rules of Procedure, or operation standards and protocol which facilitate the orderly conduct of public meetings. Such documents outline how meetings will be conducted and stand as the backbone for staff and elected officials to refer to in one of the most critical functions of any government – soliciting public input and conducting public meetings. The attached Rules of Procedure were drafted after consulting with Title 50, Chapter 14 of the Official Code of Georgia Annotated as well as the City’s Charter – House Bill 1470. The rules and procedures were first adopted and put into place by Milton on November 21, 2006, after the second reading of the ordinance occurred. An amendment to the Rules of Procedure was adopted on January 18, 2007 to subparagraph (d) Work Sessions. An amendment to the Rules of Procedure was adopted on June 21, 2007 to Section 19, Public Participation (e) Representation of Civic Associations, Advocacy Groups or Homeowners’ Associations. An amendment to the Rules of Procedure was adopted on January 10, 2008 to Section 11 Regular Meetings, Section 12 (d) day and time of the meetings, Section 14 Agenda, Items must be placed on agenda by 5:00 p.m. no less than seven working days prior to the scheduled meeting, Section 23, Duration of Council meetings, shall not extend beyond midnight. Discussion: Amendments to the amended and approved Rules and Procedures are recommended and annotated in Section 4, Quorum, Section 9, Amendments to the Rules, Section 11, Regular Meetings, Section 14, Agenda, Section 16, Decorum, Section 17, Voting, Section 19, Public Participation, (c) Decorum and (d) Public Hearing, Section 21, Minutes, which reads as follows: Section 4. Quorum. A quorum must be physically present at the site where the meeting is to be held for conducting meetings of the city council. A quorum is four (4) members of the city council, including the Mayor. It is the duty of the mayor or presiding officer to enforce this rule. Any council member may raise a point of order directed to the mayor or presiding officer if he or she believes that a quorum is not present. If, during the course of a meeting, a council member or council members leave and a quorum no longer exists, the meeting may not City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 continue. If a quorum is not attained within thirty minutes, the meeting may be rescheduled by the mayor or presiding officer with the approval of the council members physically present at the site of the meeting. Section 9. Amendments to the Rules. Any amendments to the rules of order shall be submitted by a council member in writing to the city manager three business days before a regular meeting of the city council. The proposed amendment shall be included in the agenda for that meeting and distributed to all council members. All amendments require a majority vote of the Council physically present in order to be adopted. Section 11. Regular Meetings. Regular meetings of the city council shall be held at 6:00 p.m. on the first and third Monday of each month. All regular meetings shall be held at City Hall in the Mayor and Council meeting room unless provisions of Section 12(a) are applied. A notice containing the foregoing information shall be posted and maintained in a conspicuous place available to the general public at the regular meeting place of the city council. [Cross-reference: O.C.G. A. § 50-14-1(d)] Section 14. Agenda. The city manager and city clerk shall prepare an agenda of subjects to be acted on for each meeting. Work session topics and council agenda items shall be submitted consistent with the attached process established by the City Manager and City Clerk. The agenda shall be made available to the city council at least one business day before every city council meeting. Section 16. Decorum. All council members shall conduct themselves in a professional and respectful manner. Personal remarks are inappropriate and may be ruled out of order. A council member may not speak at a meeting until he or she has been recognized by the mayor. All comments made by a council member shall succinctly address the motion that is being discussed. The mayor shall enforce these rules of decorum. If a council member believes that a rule has been broken, he or she may raise a point of order. A second is not required. The mayor may shall rule on the question or may allow the city council to debate the issue and decide by majority vote. Section 17. Voting. Passage of a motion shall require the affirmative vote of a majority of those voting at which a quorum is physically present at the site where the meeting is to be held. Unless otherwise specified in the charter as it pertains to voting by the Mayor, a majority shall mean at least four of the council members physically present (including mayor) at the site of the meeting. Section 19. Public Participation. Public participation in meetings of the city council shall be permitted in accordance with the provisions of this section. (c) Decorum. Members of the public shall not make inappropriate or offensive comments at a city council meeting and are expected to comply with the rules of decorum that are established for council members. Individuals violating any rules of the city council may shall be ruled out of order by the mayor or on by a point City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 of order made by a council member. A majority vote of the city council shall rule on the point of order. An individual violating the rules of decorum may be removed from the meeting at the direction of the mayor. (d) Public Hearings. The city council may schedule public hearings for the purpose of soliciting public comment on any subject of interest to the city council. Hearings may be held immediately prior to, during or following a meeting of the city council or at such other places and times as the city council may determine. Hearings require at least ten (10) minutes per side. These limits may be waived by a majority vote of the City Council. No official action shall be taken at any such public hearing. Hearings on zoning decisions shall be governed in accordance with the zoning policies and procedures and require the opportunity for each side to have at least ten (10) minutes to discuss their position or offer comments. Section 21. Minutes. The clerk of the city council shall promptly record the minutes for each city council meeting. The minutes shall specify the names of council members present at the meeting, a description of each motion or other proposal made at the meeting, the name of the council member who proposed each motion, the name of the council member who seconded each motion, and a record of all votes (the name of each council member voting for or against a proposal shall be recorded). Minutes will be in summary form. Minutes for zoning agenda items will be verbatim. More detailed information may be included in the minutes at the request of the majority of the members of the city council. Alternatives: N/A Concurrent Review: N/A City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 RULES AND PROCEDURES FOR THE CITY COUNCIL MEETINGS AND PUBLIC HEARINGS Section 1. Open Meetings.All meetings of the Mayor and City Council shall be held in accordance with the provisions of Title 50, Chapter 14 of the Official Code of Georgia Annotated. The public shall at all times be afforded access to all meetings other than executive sessions. Section 2. Executive Sessions. Executive sessions of the council may be held for the purpose of discussing topics exempted from public access requirements by Title 50, Chapter 14 of the Official Code of Georgia Annotated. Any portion of the meeting not subject to any such exemptions shall be open to the public. (a) Non-Exempt Topics. If a council member attempts to discuss a non-exempt topic during an executive session, the mayor, city manager, or city clerk shall immediately rule that council member out of order and such discussion shall cease. If the council member persists in discussing the non-exempt topic, the mayor shall adjourn the meeting immediately. (b) Procedure For Entering Into Executive Sessions. No executive session shall be held except pursuant to a majority affirmative vote of the city council taken in a public meeting. The minutes of the public meeting shall reflect the names of the council members present, those voting for the executive session, and the specific reasons for the executive session. All votes taken on items discussed in executive session shall be taken in an open meeting. (c) Executive Session Minutes. (1) Executive Sessions Discussing Real Estate Acquisition. Minutes of an executive session in which the acquisition of real estate is discussed shall be taken in the same manner as minutes of an open meeting (Section 21 of this document) and available for public inspection except that any portion of the minutes identifying the real estate shall be redacted until such time as the action for acquisition of the real estate is taken, or decision is reached that the proposed acquisition is to be terminated, abandoned or until court actions are to be initiated through the use of condemnation proceedings. (2) Other Executive Sessions. Minutes of executive sessions devoted to any topic other than land acquisition may be maintained by the clerk at the direction of the mayor. Any such minutes shall be maintained in a confidential file and shall not be Amended on January 18, 2007 Second Amendment on June 21, 2007 Third Amendment on January 10, 2008 Page 1 of 7 City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 subject to disclosure, except that disclosure of such portions of minutes identifying real estate to be acquired by the city council may only be delayed until such time as the acquisition of the real estate has been completed, terminated, or abandoned or court proceedings have been initiated. (d) Mayor or Presiding Officer Affidavit. The mayor or other presiding officer shall execute an affidavit stating, under oath, that the executive session was devoted to topics exempt from the public access requirements. The affidavit shall include the specific exemption to the open meetings law. The affidavit shall be notarized and filed with the minutes of the open meeting. [Cross Reference: O.C.G.A. §§ 50-14-2, 5-14-3 and 50-14-4] Section 3. Visual and Sound Recordings. Visual, sound, and visual and sound recordings shall be permitted for all public hearings. [Cross-reference: O.C.G.A. § 50-14-1(c)] Section 4. Quorum. A quorum must be physically present at the site where the meeting is to be held for conducting meetings of the city council. A quorum is four (4) members of the city council, including the Mayor. It is the duty of the mayor or presiding officer to enforce this rule. Any council member may raise a point of order directed to the mayor or presiding officer if he or she believes that a quorum is not present. If, during the course of a meeting, a council member or council members leave and a quorum no longer exists, the meeting may not continue. If a quorum is not attained within thirty minutes, the meeting may be rescheduled by the mayor or presiding officer with the approval of the council members physically present at the site of the meeting. Section 5. Mayor. The presiding officer of the city council shall be the mayor. As presiding officer, he or she is responsible for the orderly conduct of the meeting. In order to fulfill this duty, the mayor shall enforce the rules of procedure that are adopted by the city council. The mayor shall be impartial and conduct the meetings in a fair manner. The mayor may introduce motions and second motions, including a motion or second to go into executive session as authorized by Section 2 of this ordinance. The mayor shall be a voting member of the elected body. Section 6. Mayor Pro-Tempore. The council shall select a mayor pro-tempore consistent with the process outlined in the City of Milton Charter, sections 3.29 and 3.30. Section 7. Presiding Officer. If the mayor and the mayor pro-tem are absent or otherwise unable to serve as presiding officer at a meeting and a quorum of council members are present, the remaining council members shall select a council member to serve as presiding officer of the meeting until either the mayor or mayor pro-tem is present at the meeting. Section 8. Parliamentarian. The city attorney shall serve as the parliamentarian for city council meetings. Amended on January 18, 2007 Second Amendment on June 21, 2007 Third Amendment on January 10, 2008 Page 2 of 7 City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 Section 9. Amendments to the Rules. Any amendments to the rules of order shall be submitted by a council member in writing to the city manager three business days before a regular meeting of the city council. The proposed amendment shall be included in the agenda for that meeting and distributed to all council members. All amendments require a majority vote of the Council physically present in order to be adopted. Section 10. Suspending the Rules of Order. Rules of order may be suspended in the case of an emergency. A motion to suspend the rules requires a second, is debatable, and requires unanimous approval of the council. Rules governing quorums (Section 4), voting methods and requirements (Section 17 and Section 18), the notification to council members of meetings (Section 12(a) and (b)) and rules necessary for compliance with state law may not be suspended; provided, however, that, in the event that a state of emergency is declared by the Governor or other authorized state official, the city council may waive time-consuming procedures and formalities imposed by state law. [Cross-reference: O.C.G.A. § 38-3-54] Section 11. Regular Meetings. Regular meetings of the city council shall be held at 6:00 p.m. on the first and third Monday of each month. All regular meetings shall be held at City Hall in the Mayor and Council meeting room unless provisions of Section 12(a) are applied. A notice containing the foregoing information shall be posted and maintained in a conspicuous place available to the general public at the regular meeting place of the city council. [Cross-reference: O.C.G. A. § 50-14-1(d)] Section 12. Meetings Other Than Regular Meetings. The city council may meet at times and locations other than those regularly scheduled meetings. (a) Special Meetings and Rescheduled Regular Meetings. A regular meeting may be canceled, rescheduled, recessed or moved to a new location within the city site by the mayor and city council for any reason. Other special meetings may be scheduled by the mayor or at the request of at least four (4) council members. Whenever a rescheduled regular meeting or any other special meeting is to be held at a time or place other than the regularly scheduled time or place, written notice of the change shall be posted for at least 24 hours at the regular meeting place. In addition, written or oral notice shall be given by the clerk at least 24 hours in advance of the meeting to the legal organ of the city, as well as to each member of the city governing authority. [Cross-reference: O.C.G.A. § 50-14-1(d)] (b) Meetings With Less Than 24 Hours Notice. When emergency circumstances occur, the city council may hold a meeting with less than 24 hours notice to the public. When such meetings are to be held, the clerk shall provide notice to the legal organ of the city and to each member of the city governing authority as soon as possible. The notice shall include the subjects expected to be considered at the meeting. In addition, the minutes Amended on January 18, 2007 Second Amendment on June 21, 2007 Third Amendment on January 10, 2008 Page 3 of 7 City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 shall reflect the reason for the emergency meeting and the nature of the notice given to the media. [Cross-reference: O.C.G.A. § 50-14-1-(d)] (c) Meetings During a State of Emergency. When it is imprudent, inexpedient or impossible to hold city council meetings at the regular meeting place due to emergency or disaster resulting from manmade or natural causes, as declared by the Governor or other authorized state official, the city council may meet anywhere within or outside of the city. Such a meeting may be called by the mayor or by any three (3) council members. At the meeting, the council members shall establish and designate emergency temporary meeting locations where public business may be transacted during the emergency. Any action taken in such meetings shall have the same effect as if performed at the regular meeting site. [Cross reference: O.C.G.A. §§ 50-14-1(d), 38-3-54, 38-3-55] (d) Work Sessions. Meetings to discuss City business where no formal votes are taken shall be scheduled in regular intervals to facilitate discussion on important topics. Work Sessions shall be held at 6:00 p.m. on the second Monday of each month. All work session meetings shall be held at City Hall in the Mayor and Council meeting room. A notice containing the foregoing information shall be posted and maintained in a conspicuous place available to the general public at the regular meeting place of the city council. Public input at work sessions will be allowed for ten (10) minutes per item, two (2) minutes per person with the Mayor having flexibility to extend the time if needed. Section 13. Order of Business. All regular city council meetings shall substantially follow an established order of business. The order shall be as follows: 1. Call to Order 2. Roll Call 4. Pledge of Allegiance 5. Approval of Meeting Agenda 6. Public Comment 7. Consent Agenda 8. Reports and Presentations 9. Zoning Agenda 10. First Presentation 11. Unfinished Business 12. New Business 13. Mayor and Council Reports 14. Staff Reports 15. Adjournment Section 14. Agenda. The city manager and city clerk shall prepare an agenda of subjects to be acted on for each meeting. Work session topics and council agenda items shall be submitted Amended on January 18, 2007 Second Amendment on June 21, 2007 Third Amendment on January 10, 2008 Page 4 of 7 City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 consistent with the attached process established by the City Manager and City Clerk. The agenda shall be made available to the city council at least one business day before every city council meeting. (a) Requests For Agenda Items.Members of the public may request that a particular subject be placed on the agenda for a meeting. To be considered, this request shall be submitted in writing to the city manager or city clerk. (b) Changing The Agenda. Items for consideration by the City Council must be placed on City Council meeting or work session agendas on or before 5:00 p.m. no less than seven working days prior to the scheduled meeting or work session except in the case of an emergency situation, which shall be defined as a sudden, unforeseen happening which requires immediate action to correct or to protect lives and/or property. (c) Agenda Must Be Made Public. The agenda of all matters to come before the city council shall be made available to the public upon request and shall be posted at the meeting site as far in advance as reasonably possible, but not more than two weeks prior to the meeting. Not less than 24 hours prior to the start of the meeting. [Cross-reference: O.C.G.A. §§ 50-14-1(e)(1) and 36-66-4] Section 15. Consent Agenda. A consent agenda may be prepared by the city manager for the city council to adopt motions on routine items. Any items of business that are expected to receive unanimous approval without debate may be placed on a consent agenda. At the appropriate time of the meeting, all of the items on the consent agenda shall be read into public record. If a council member objects to an item being on the consent agenda, the council member shall direct the move of that particular item to the regular agenda through a motion, second, and majority vote. Following the reading of the consent agenda, the mayor may ask for approval of the items on the consent agenda. If there are no objections, all the items on the consent agenda shall be approved by a majority vote of the city council. Section 16. Decorum. All council members shall conduct themselves in a professional and respectful manner. Personal remarks are inappropriate and may be ruled out of order. A council member may not speak at a meeting until he or she has been recognized by the mayor. All comments made by a council member shall succinctly address the motion that is being discussed. The mayor shall enforce these rules of decorum. If a council member believes that a rule has been broken, he or she may raise a point of order. A second is not required. The mayor may shall rule on the question or may allow the city council to debate the issue and decide by majority vote. Section 17. Voting. Passage of a motion shall require the affirmative vote of a majority of those voting at which a quorum is physically present at the site where the meeting is to be held. Unless otherwise specified in the charter as it pertains to voting by the Mayor, a majority shall mean at least four of the council members physically present (including mayor) at the site of the meeting. Amended on January 18, 2007 Second Amendment on June 21, 2007 Third Amendment on January 10, 2008 Page 5 of 7 City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 Section 18. Abstentions. A council member shall vote on all motions unless he or she has a conflict of interest preventing him or her from making a decision in a fair and legal manner. If a conflict of interest does exist, the council member shall explain for the record his or her decision to abstain on any vote. Section 19. Public Participation. Public participation in meetings of the city council shall be permitted in accordance with the provisions of this section. (a) Public Comments. All members of the public wishing to address the city council shall submit their name and the topic of their comments to the city clerk prior to the start of any meeting held by the city council; provided, however, that if the applicants of rezoning actions or individual who wish to oppose a rezoning action has contributed more than $250 to the campaign of a council member who will consider the application, the individual shall file a campaign disclosure form as required by O.C.G.A. § 36-67A- 3(c) at least five calendar days prior to the first hearing by the city council. Individuals may be allotted five minutes to make their comments and those comments shall be limited to their chosen topic. These limits may be waived by a majority vote of the city council. [Cross-reference: O.C.G.A. § 36-67A-3] (b) Public Participation on Agenda Items. The city council may allow public comment on an agenda item at the time the item is being considered by the city council. These comments shall be limited to the subject that is being debated. Members of the public may speak for five minutes and may speak only once. These limits may be waived by a majority vote of the city council. Anyone wishing to speak at any city council meeting must be recognized by the mayor before addressing the city council. (c) Decorum. Members of the public shall not make inappropriate or offensive comments at a city council meeting and are expected to comply with the rules of decorum that are established for council members. Individuals violating any rules of the city council may shall be ruled out of order by the mayor or on by a point of order made by a council member. A majority vote of the city council shall rule on the point of order. An individual violating the rules of decorum may be removed from the meeting at the direction of the mayor. (d) Public Hearings. The city council may schedule public hearings for the purpose of soliciting public comment on any subject of interest to the city council. Hearings may be held immediately prior to, during or following a meeting of the city council or at such other places and times as the city council may determine. Hearings require at least ten (10) minutes per side. These limits may be waived by a majority vote of the City Council. No official action shall be taken at any such public hearing. Hearings on zoning decisions shall be governed in accordance with the zoning policies and procedures and require the opportunity for each side to have at least 10 minutes to discuss their position or offer comments. Amended on January 18, 2007 Second Amendment on June 21, 2007 Third Amendment on January 10, 2008 Page 6 of 7 City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 [Cross-reference: O.C.G.A. §§ 36-66-4 and 36-66-5] (e) Representation of Civic Associations, Advocacy Groups or Homeowners' Associations. The city council may allow public comment on either an agenda item or general public comment from a representative of such an organized group or association; provided, however, that such an individual shall file a notarized affidavit that they have the authority to speak on behalf of said organization on a form provided by the City Clerk prior to the agenda item being called. Section 20. Meeting Summary. A summary of the subjects acted upon in a meeting and the names of the council members present at a meeting shall be written and made available to the public for inspection within two business days of the adjournment of the meeting. [Cross-reference: O.C.G.A. § 50-14-1(e)(2)] Section 21. Minutes. The clerk of the city council shall promptly record the minutes for each city council meeting. The minutes shall specify the names of council members present at the meeting, a description of each motion or other proposal made at the meeting, the name of the council member who proposed each motion, the name of the council member who seconded each motion, and a record of all votes (the name of each council member voting for or against a proposal shall be recorded). Minutes will be in summary form. Minutes for zoning agenda items will be verbatim. More detailed information may be included in the minutes at the request of the majority of the members of the city council. The city council shall approve the minutes before they may be considered as an official record of the city council. The minutes shall be open for public inspection once approved as official by the city council. Regular meeting minutes will be provided at the next regularly scheduled meeting. Work Session minutes will be provided at the next regularly scheduled Work Session. A copy of the minutes from the previous meeting shall be distributed to the city council at least one business day before the following meeting. The minutes of the previous meeting shall be corrected, if necessary, and approved by the city council at the beginning of each meeting. A majority vote is required for approval. Conflicts regarding the content of the minutes shall be decided by a majority vote. Upon being approved, the minutes shall be signed by the mayor and attested to by the clerk of the city council. [Cross-reference: O.C.G.A. § 50-14-1(e) (2)] Section 22. Roberts Rules of Order. This document shall serve as the rules and procedures of the Mayor and City Council. In the absence of applicable rules and procedures which may from time to time be encountered during the public meetings, Roberts Rules of Order shall be followed. Section 23. Duration of Council Meetings. City Council Meetings shall not extend beyond 12:00 midnight, and in the event that business is not concluded prior to that time, the remaining agenda, unless otherwise extended by a majority vote of the council, or unless an emergency exists, shall be deferred to “unfinished business” on the next scheduled meeting agenda. Amended on January 18, 2007 Second Amendment on June 21, 2007 Third Amendment on January 10, 2008 Page 7 of 7 PETITION NUMBER(S): RZ08-08/U08-04/VC08-04 PROJECT NAME Bethany Summit PROPERTY INFORMATION ADDRESS 3501, 3499 Bethany Bend Rd. DISTRICT, LAND LOT 2/1 971 & 972 OVERLAY DISTRICT State Route 9 Overlay EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING TR (Townhouse Residential) ACRES 4.94 EXISTING USE Two single-family buildings and out buildings PROPOSED USE 98 residential units OWNER Various ADDRESS 3501, 3499 Bethany Bend Rd. PETITIONER/REPRESENTATIVE Bajun American Properties / Korey Jones ADDRESS 125 Andover Dr. Alpharetta, GA 30004 PHONE 678-525-4644 INTENT To rezone from AG-1 to TR (Townhouse Residential) and obtain a use permit for senior housing to develop 98 residential units at a density of 19.84 units per acre (Article 19.4.41(2)). The applicant is also requesting a 2 part concurrent variance: 1) To reduce the setback from 100 feet to 10 feet for swimming pools, pool equipment, accessory structures and fencing (Article 19.3.12.3). 2) To increase from 2 stories (30 feet) to 3 stories (40 feet) from average finished grade to bottom of roof eave (Article 12G.4.F.14). COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION APPROVAL CONDITIONAL – RZ08-08 APPROVAL CONDITIONAL – U08-04 APPROVAL CONDITIONAL – PART ONE OF VC08-04 DENIAL – PART TWO OF VC08-04 Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 1 of 26 RZ08-08/U08-04/VC08-04 CITY OF MILTON PLANNING COMMISSION – AUGUST 26, 2008 APPROVAL CONDITIONAL – RZ08-08 APPROVAL CONDITIONAL – U08-04 APPROVAL CONDITIONAL – PART ONE OF VC08-04 DENIAL – PART TWO OF VC08-04 6-0 Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 2 of 26 RZ08-08/U08-04/VC08-04 LOCATION MAP Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 3 of 26 RZ08-08/U08-04/VC08-04 CURRENT ZONING MAP Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 4 of 26 RZ08-08/U08-04/VC08-04 SITE PLAN SUBMITTED– July 1, 2008 8/27/2008 RZ08-08/U08-04/VC08-04 Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting Page 5 of 26 Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 6 of 26 RZ08-08/U08-04/VC08-04 Intersection of Bethany Bend Road and Strickland Road View Across the Street from Subject Site 8/27/2008 RZ08-08/U08-04/VC08-04 Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting Page 7 of 26 Western View of Subject Site SUBJECT SITE: The subject site contains 4.94 acres on the south side of Bethany Bend Road near the intersection of Bethany Bend and Strickland Roads. The property currently is developed with two buildings and out buildings which will be demolished prior to development of the two parcels. It is currently zoned AG-1 (Agricultural). Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 8 of 26 RZ08-08/U08-04/VC08-04 STANDARDS OF REVIEW: In accordance with (Article 28.4.1) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation regarding factors A. through G., below, as well as any other factors it may find relevant. A. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? Staff is of the opinion that the proposed senior housing in a TR (Townhouse Residential) district is suitable in view of the use and development of adjacent and nearby property. B. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? In Staff’s opinion, the proposed senior housing in a TR (Townhouse Residential) district will not adversely affect the existing use or usability of adjacent or nearby properties if developed with the Recommended Conditions. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site appears to have a reasonable use as currently zoned with the two (2) existing single family residences and out buildings within the AG-1 (Agricultural) district. D. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services and facilities. E. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed TR (Townhouse Residential) zoning is consistent with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan. The Milton City Council adopted the Focus Fulton 2025 Comprehensive Plan as the City’s Comprehensive Plan on November 21, 2006. The proposed development is consistent with the following Plan Policies: Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 9 of 26 RZ08-08/U08-04/VC08-04 • Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. • Encourage a variety of housing types throughout Fulton County and particularly in Live Work land uses, mixed use developments, activity nodes and corridors, and near public transportation. • Encourage the development of a variety of housing options and ensure safe, sound, and equal housing opportunity for all residents of unincorporated Fulton County. • Increase opportunities for seniors to live in their community and near services by encourage senior housing such as independent living, assisted living, cluster housing accessory housing units, and nursing care by making senior housing more available in more zoning districts. Staff further notes that there are TR (Townhouse Residential) zonings abutting the subject site to the north and west. Based on the above, Staff recommends APPROVAL CONDITIONAL of RZ08-04. F. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? Staff is of the opinion that there are no existing or changing conditions affecting the use and development of the property, which give supporting grounds for approval or denial of the applicant’s proposal. G. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? Staff notes that the proposed rezoning will have a minimal impact on the environment and natural resources. The applicant is required to comply with all of the City’s environmental regulations at the time of application for Land Disturbance or Building Permit. Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 10 of 26 RZ08-08/U08-04/VC08-04 USE PERMIT CONSIDERATIONS: In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: A. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Provided the applicant complies with the Recommended Conditions of this petition and the Use Permit requirements of Article 19.4.41(2) of the Zoning Ordinance, the proposed development may be consistent with the intent and following policies of the Comprehensive Plan: • Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. • Encourage a variety of housing types throughout Fulton County and particularly in Live Work land uses, mixed use developments, activity nodes and corridors, and near public transportation. • Encourage the development of a variety of housing options and ensure safe, sound, and equal housing opportunity for all residents of unincorporated Fulton County. • Increase opportunities for seniors to live in their community and near services by encourage senior housing such as independent living, assisted living, cluster housing accessory housing units, and nursing care by making senior housing more available in more zoning districts. Furthermore, the preliminary assessment for the City of Milton Comprehensive Plan discusses the need for senior housing. Staff notes the following excerpt from Section 4.6 of the Housing Section: “As Milton’s population ages, it is important to provide housing and mobility options to allow the elderly to access housing and other resources within the community. As an area which has a relatively high level of income, it can be expected that the City of Milton will attract accomplished business people, many of whom are likely to have been in the workforce for many years. This, plus the aging of heads of households which have been living in Milton for longer periods of time, will mean increased demand for senior-friendly housing in the future. These residents Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 11 of 26 RZ08-08/U08-04/VC08-04 often prefer more compact housing in close proximity to amenities such as healthcare, food and other goods, and community activities, by offering housing options for this population which will allow them to get around in spite of decreased mobility (often resultant from being less able to drive, among other reasons).” Staff has consulted with City Attorney about interpretation the City of Milton Zoning Ordinance with respect to the proposed density of 19.84 units per acre of senior housing. It is the opinion of the City Attorney that the proposed density of 19.84 units per acre is allowable for senior housing on the subject site. Based on the above, Staff recommends APPROVAL CONDITIONAL of U08- 04. B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; If developed in accordance with Staff’s Recommended Conditions and the provisions of the Zoning Ordinance, the proposed senior housing will be compatible with other land uses in the surrounding area. The proposed density, 19.84 units/acre, is higher than what is proposed on the 2025 Land Use Plan Map as Residential 5-8 units/acre. However, Article 19.4.41(2) B.2. states, “Dwelling units for seniors shall be exempted from any part of this ordinance which restricts density.” Furthermore, Staff notes that the proposed senior housing use would be consistent with the proposed senior housing development across the street in Forsyth County. C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use does not violate any known local, state and/or federal statutes, ordinances or regulations governing land development. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; It is Staff’s opinion that the proposed use will generate a minimal increase in traffic. E. The location and number of off-street parking spaces; Staff notes that the applicant has proposed underground as well as surface parking for the proposed senior housing. Staff notes that the applicant has proposed 120 parking spaces. Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 12 of 26 RZ08-08/U08-04/VC08-04 F. The amount and location of open space; Staff is of the opinion that the proposed development will provide adequate open space for the proposed development. G. Protective screening; If developed in accordance with the requirements of the Zoning Ordinance and the State Route 9 Overlay District, the buffer and landscape strip requirements should provide adequate screening for the proposed development. H. Hours and manner of operation; Staff notes that the proposed use is senior housing and will be utilized in the same manner as a single family residential subdivision. I. Outdoor lighting; At the time of Land Disturbance Permit the site shall be in compliance with Article 12G.4.of the State Route 9 Overlay District regarding outdoor lighting. Staff notes that the applicant does not have any plans for lighting. J. Ingress and egress to the property. Staff notes that the applicant is proposing an asphalt drive. The location of the drive shall meet the minimum site distance standards as approved by the Transportation Engineer. Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 13 of 26 RZ08-08/U08-04/VC08-04 Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area Northwest 1 Z97-115 TR (Townhouse Residential) Conditional Windcrest Park 6.76 units/acre 1,500 sq. ft. Northwest 2 Z99-136 TR (Townhouse Residential) Conditional Spring Valley 7.86 units/acre 2 stories 1,200 sq. ft. Northwest 3 AG-1 (Agricultural) Scattered homes West 4 Z02-105 TR (Townhouse Residential) Conditional Hidden Valley 4.99 units/acre 1,500 sq. ft. attached 2,000 sq. ft. detached South 5 Z03-152 O-I (Office-Institutional) Conditional Red Apple Day Care Center N/A Southwest 6 Z98-93 TR (Townhouse Residential) Conditional Fairview 8 units/acre 1,250 sq. ft. Southeast 7 Z96-124 A (Medium Density Apartment) Conditional The Preserve at Deerfield 12 units/acre 3 stories Southeast 8 Z00-161 MIX 8.52 units/acre 7 story limit East (Forsyth County) 9 Existing MPD (Master Planned District) Horse farm N/A East (Forsyth County) 9 Proposed MPD and CUP Union Hill Township 0.95 units/acre 35’ max. bldg. height residential, 60’ max. bldg. height commercial North (Forsyth County) 10 NS (Neighborhood Shopping District) Undeveloped N/A North (Forsyth County) 11 A1 (Agricultural District) Scattered single-family homes N/A North (Forsyth County) 12 CBD (Commercial Business District) Pet Lodge Pet Resort N/A Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 14 of 26 RZ08-08/U08-04/VC08-04 EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 15 of 26 RZ08-08/U08-04/VC08-04 SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on July 1, 2008. Staff offers the following considerations: USE PERMIT DEVELOPMENT STANDARDS FOR SENIOR HOUSING – 19.4.41(2) The applicant’s site plan indicates compliance with the standards of the use permit. The applicant had agreed to meet the standards therein when building and marketing the development. BUILDING SETBACKS The following building setbacks are required for the proposed TR (Townhouse Residential) development: Front Yard Setback-40 Feet Minimum Side Yard-30 Feet to Interior Line Rear Yard Setback-35 Feet The site plan indicates compliance with the required building setbacks. PRIVATE POOL REQUIREMENTS Staff notes that the applicant is requesting a variance to reduce the setback from 100 feet to 10 feet for pool fencing. Article 19.3.12.3 states, “Swimming pools, pool equipment, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or street.” Due to the irregular shape of the subject site, Staff recommends APPROVAL CONDITIONAL of Part One of VC08-04. BUILDING HEIGHT Staff notes that the applicant is requesting a concurrent variance to increase the building height from 2 stories (30 feet) to 3 stories (40 feet) from average finished grade to bottom of roof eave (Article 12G.4.F.14). Although there is an approved zoning for up to 3 stories to the southeast; based on City Council’s recent decision on April 28, 2008, to adopt new height regulations for the Highway 9 Overlay District, Staff recommends DENIAL of PART TWO of VC08-04. PARKING REQUIREMENTS The following chart illustrates the parking required by Article 19.4.41(2).7 of the City of Milton Zoning Ordinance for the proposed uses: Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 16 of 26 RZ08-08/U08-04/VC08-04 Proposed Use Minimum Requirement Spaces Provided • Senior Housing (98 units) • 1.4 spaces per unit (98 • 120 spaces units) Total 137 spaces required Staff notes that the applicant is providing 120 parking spaces, which is less than the required one hundred-thirty seven (137) parking spaces required per Article 19.4.41(2).7 of the City of Milton Zoning Ordinance. Staff notes that the applicant may receive a ten percent (10%) reduction in the required number of parking spaces with an administrative variance. Otherwise, the applicant must meet the parking requirements as prescribed in 19.4.41(2).7 at the time of LDP submittal. It also appears that the site plan is in compliance with the landscape and layout requirements of Article 12G.4. Section F. STORMWATER MANAGEMENT Their zoning plat states "the property is not in a FEMA flood zone". However, a portion of the western portion of the property is in a flood prone area. The Zone X designation for this area denotes an area that is beyond the limits of the FEMA detailed flood study. Typically this means the drainage area is less than a square mile. The drainage area in this location is substantial and portions of this property are located in a flood prone area. The developer should provide a detailed flood study, with the 100-year flood limits indicated on the plat. All development, including ponds, should be located outside of this flood zone. CITY ARBORIST The site is heavily wooded with mix of pines and hardwoods. Other than specimen trees along Bethany Bend Road, the interior consists of a lot of understory brush and downed trees. The site is adjacent to a stream and wetland area to the SW that provides a good wildlife habitat. Some wetland flagging was located during initial site visit. Specimen trees located: (1) 12” dogwood, (2) 35” oak, (3) 34” oak, (4) 37” oak, (5) 32” pine, (6) 24” pine, (7) 34” pine, (8) 24” pine, (9) 28” pine, (10) 27” poplar. The applicant indicates in the Environmental Site Analysis that approximately 0.4 acres of wetland is on the subject site. This will be mitigated at another location as specified by the Corps of Engineers. Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 17 of 26 RZ08-08/U08-04/VC08-04 SR 9 OVERLAY DISTRICT LANDSCAPE STRIPS AND BUFFERS Article 12G.4 Section A1 of the State Route 9 Overlay District requires a twenty (20) foot-wide landscape strip on Bethany Bend Road. Article 12G.4 Section A.3 further states that for every thirty (30) linear feet of landscape strip, a minimum of one 3” caliper hardwood shade tree is required to be planted in the center of the landscape strip or as approved by the Director of Community Development. For the sides and rear property lines, a ten foot landscape strip is required. Article 12G.4. Section A.2 also requires that a minimum 10’ wide landscape strip be placed along any interior property line adjacent to a nonresidential zoning and/or use. The applicants’ site plan shows compliance with the requirement. PEDESTRIAN PATHS Sidewalks are required along all public and private road frontages and shall be a minimum of six (6) feet wide. It appears that the site plan indicates sidewalks along Bethany Bend Road. Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 18 of 26 RZ08-08/U08-04/VC08-04 PUBLIC INVOLVEMENT On July 27th, 2008 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were two members of the community in attendance. One attendee stated that she liked the use for senior housing, and hopes that the developer can save as many specimen trees as possible. City of Milton Design Review Board Meeting – August 5, 2008 The following comment was made by the DRB: • Due to the proximity of the buildings to each other, Building Codes will probably limit the amount of glass allowed on the side walls. Building would have to be a minimum of 30’ feet apart to remove requirement for fire protection. • The proposed buildings will be much taller the single family detached structures adjacent to this site. • The landscape area around the clubhouse and pool should be more than 10’; add a mix of evergreens; possibly plant up to the fence line. • The Board approves of using green space to break up the site. • The Board approves of building facing road. Public Notice Requirements The Community Zoning Information Meeting was advertised in the Milton Herald on July 9, 2008 and the sign was installed before the required date of July 9, 2008 along the frontage of Bethany Bend Road. The notice of Community Zoning Information Meeting was sent, to adjacent property owners, on July 9, 2008. The request for the rezoning/use permit was advertised in the Milton Herald on August 6, 2008 and notice sent to adjacent property owners on August 14, 2008 for the Planning Commission and City Council Public Hearings. The sign was still erected on the site on August 14, 2008. The sign remained in the prescribed location on August 6, 2008. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant will be required to submit the public participation report 7 business days prior to the Planning Commission Meeting and an updated public participation report will be required 7 business days prior to the Mayor and City Council meeting. Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 19 of 26 RZ08-08/U08-04/VC08-04 Planning Commission Meeting – August 26, 2008 The Planning Commission unanimously voted to approve RZ08-08/U08-04 and Part 1 of VC08-04 but denied the request to increase the height from 2 stories and 30 feet to 40 feet (Part 2). The applicant complete the necessary flood plan studies. It was recommended that the bike and trail plan be adhered to the bike path. The applicant resubmit the site plan if it changes in any way. The approval is conditional on the City of Milton developing a sewer service plan that supports sewer on this location. They also requested of the applicant, in which the applicant agreed to the following conditions which are reflected in the Recommended Conditions: • To allow the DRB to approve the “equestrian type” fencing along the frontage of the property. • To allow the DRB to approve the “equestrian type” fencing around the detention area. • To provide additional screening along the west property line abutting the single family lots in Hidden Forest Subdivision as approved by the DRB. • Provide a minimum of 30 feet separation between all buildings. CONCLUSION It is Staff’s opinion that the proposed 98 unit senior housing development is consistent with the Focus Fulton 2025 Comprehensive Land Use Plan and the City of Milton Zoning Ordinance, therefore Staff recommends APPROVAL CONDITIONAL of RZ08-08 and U08-04 if developed with the recommended conditions. Staff recommends APPROVAL CONDITIONAL of PART 1 of VC08-04 to reduce the setback from 100 feet to 10 feet for swimming pools, pool equipment, accessory structures and pool fencing and DENIAL of PART 2 of the concurrent variance to increase the building height from 2 to 3 stories and 30 feet to 40 feet. Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 20 of 26 RZ08-08/U08-04/VC08-04 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED TR (Townhouse Residential) CONDITIONAL and a Use Permit for Senior Housing (Article 19.4.41(2)) subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) To 98 units of senior housing at a density of 19.84 units per acre, whichever is less. (U08-04) 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on July 1, 2008. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) The site plan must provide adequate fire truck access to all buildings on site, in alleys, one-way, and dead-end conditions; as acceptable to the Milton Public Works Director and Fire Marshal. b) Provide parking to meet and not exceed parking requirements. c) Use pervious concrete or other ADA acceptable pervious material for amenity parking. d) Setback for swimming pools, pool equipment, accessory structures and fencing shall be located a minimum of 10 feet from any residential building, adjoining property line or street. (VC08-04 – Part 1) Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 21 of 26 RZ08-08/U08-04/VC08-04 e) Provide a minimum of 30 feet separation between all buildings. f) Provide additional evergreen screening to exceed the 10-foot landscapes strip along the western property line abutting the single family lots within the Hidden Forest Subdivision as approved by the Design Review Board. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the Right of Way for the approved final site plan including the following: i. Provide the following transportation improvements as approved by Milton Public Works Director: 1. NB Left turn lane on Bethany Bend into site driveway as coordinated with City of Milton Public Works and Forsyth County Public Works 2. SB Right turn lane on Bethany Bend into site driveway 3. Provide 4’ bike lane along entire Bethany Bend frontage 4. Provide overlay and striping for full width of Bethany Bend the length of property lines plus any additional taper lengths necessary or as approved by the Director of Public Works and coordinated with the Milton and Forsyth Public Works 5. Provide pedestrian access paths from development to Bethany Bend at North and South ends of the site ii. Provide at least 12 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while the rights-of-way are being improved. iii. Provide 6 foot wide concrete multi-use path along the entire Bethany Bend frontage of the property located no more than 1 foot off the Right of Way line and no less than 5 feet behind the back of curb or as approved by the Director of Public Works. iv. Provide a black four-board equestrian style fence 3 feet behind the right of way on the development property adjacent to the sidewalk/trail, or as approved by the Design Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 22 of 26 RZ08-08/U08-04/VC08-04 Review Board, as approved by the Director of Public Works. If site is gated, a taller fence with 2 inch by 4 inch welded wire mesh may be used. b) All entrances shall meet the Community Service Policies and AASHTO guidelines, or as approved by the Director of Public Works. 5) To the owner’s agreement to abide by the following: a) The developer’s Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre-development conditions. Locations shall be as approved by the Stormwater Engineer. b) The water quality and detention facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. i. Detention facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed, or as approved by the Design Review Board, around it as required by the Stormwater Engineer. c) The Developer shall utilize GASWCC limited application controls. All water quality and detention facilities shall have vegetated surfaces to be regularly maintained by the owner. Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 23 of 26 RZ08-08/U08-04/VC08-04 APPENDIX A Comments on Public Services and Utilities Note: Various City and/or County departments that may or may not be affected by the proposed development provide the following information. Comments herein are based on the applicant’s conceptual site plan and are intended as general non-binding information and in no manner suggest a final finding by the commenter. All projects, if approved are required to complete the City of Milton Plan Review process prior to the commencement of any construction activity. Transportation/Public Works: Comments: • Provide a separate and approved fire apparatus access road 24 feet wide as approved by the Director of Public Works and Fire Marshal. • Show location of pedestrian gate at gated entrance. • Remove road stub at West end of property that extends past building 7, may be shown as Grasspave access to stormwater management area. • Show gate plan for entrance according to City of Milton gate standard. • Show required left turn lane. • Show Milton trail requirements. • Show new Right of Way line. • Sidewalk should be adjacent to roadway and should not meander. • Show fencing along property frontage. • Show pedestrian access to Bethany Bend at both the North and South ends of the property. • Delineate Flood plain as obtained from a detailed study. • Delineate wetlands. • Show all improvements outside the wetlands area or provide statement that a permit has been obtained. Fulton County Schools Comments: • Staff notes that the proposed rezoning will have minimal impact on the surrounding school system. Fulton County Tax Assessor: Property Tax ID #: 22-5470-0972-015-8, 21-5470-0972-024-0 Water and Wastewater (Sewer): Water: Fulton County Public Works Department Anticipated Water Demand: No data available at printing These parcels are not currently served by public sewer Comments: • This information does not guarantee that adequate water volume and pressure are available at this time or will be adequate upon application of permits. Please contact the Fulton County Department of Public Works for more information. Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 24 of 26 RZ08-08/U08-04/VC08-04 Drainage: A portion of the western portion of the property is in a flood prone area. The Zone X designation for this area denotes an area that is beyond the limits of the FEMA detailed flood study. Typically this means the drainage area is less than a square mile. The drainage area in this location is substantial and portions of this property are located in a flood prone area. The developer should provide a detailed flood study, with the 100-year flood limits indicated on the plat. All development, including ponds, should be located outside of this flood zone. City of Milton Fire Marshal: Comments: The increase of height to 3 stories could impose some concerns of access to roof line depending on final grade and proximity of apparatus to vehicle, call volume could increase due to the increase of citizens in area, water demands could potentially be increased, and traffic congestion as well. Public Safety: This change in the current configuration of the parcel in question will have a small impact on public safety in the City of Milton through increasing the number of City residents and vehicular traffic thereby potentially increasing call volume (both police and fire) by a small amount. Fulton County Health Department: The Fulton County Department of Health and Wellness recommends that the applicant be required to connect the proposed development to public water and public sanitary sewer available to the site. Since this proposed development constitutes a premise where people work, live, or congregate, onsite sanitary facilities will be mandatory, prior to use or occupancy. This facility must comply with the Georgia Smokefree Air Act of 2005 and the Fulton County Code of Ordinances and Code of Resolutions, Chapter 34 – Health and Sanitation, Article III – Clean Indoor Air. Since this proposed development includes a public swimming pool as defined in the regulations including spas, whirlpools, etc., the owner or contractor must submit plans for review and approval by this department and must obtain a Department of Health and Wellness permit to construct before issuance of a building permit. Also, the owner of the facility must obtain a Department of Health and Wellness permit to operate the pool prior to opening. This department is requiring that plans indicating the number and location of outside refuse containers along with typical details of the pad and approach area for the refuse containers be submitted for review and approval. This department is requiring that all existing structures to be demolished must be inspected by a certified pest control operator to insure that the premise is rat free. If evidence of rodent infestation is found, the property must be baited prior to demolition. Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 25 of 26 RZ08-08/U08-04/VC08-04 If this proposed development includes an existing individual onsite water supply system(s), and the system(s) will be abandoned, it shall be abandoned in accordance with Fulton county regulations. Prepared by the Community Development Department for the September 15, 2008 Mayor and City Council Meeting 8/27/2008 Page 26 of 26 RZ08-08/U08-04/VC08-04 PETITION NUMBER(S): U08-05/VC08-05 PROJECT NAME Milton Conservation Burial PROPERTY INFORMATION ADDRESS 1150 Birmingham Road DISTRICT, LAND LOT 2/2 381 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) ACRES 17.313 EXISTING USE Undeveloped PROPOSED USE Use Permit for a Cemetery (Article 19.4.9) OWNER Jim Bell ADDRESS 1150 Birmingham Road PETITIONER/REPRESENTATIVE Jim Bell ADDRESS 1150 Birmingham Road Milton, GA 30004 PHONE 770-569-4948 INTENT To obtain a use permit to develop a cemetery on approximately 17.313 acres (Article 19.4.9). The applicant is also requesting a concurrent variance: 1) To delete the 75’ buffer and 10’ impervious setback to 0’ along western property lines N 00˚32’03” W for 360.96’, S 89˚27’57” W for 65.23’, and N 00˚32’’03” W, along all eastern property lines, and along the northern property line from northeastern corner to the 50’ stream buffer line for a distance of 320’ (12H.3.1 Section C.2). COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U08-05 – APPROVAL CONDITIONAL VC08-05 – APPROVAL CONDITIONAL Prepared by the Community Development Department for the Mayor and City Council on September 15, 2008 8/27/2008 Page 1 of 18 U08-05/VC08-05 CITY OF MILTON PLANNING COMMISSION – AUGUST 26, 2008 U08-05 – APPROVAL CONDITIONAL VC08-05 – APPROVAL CONDITIONAL 6-0 Prepared by the Community Development Department for the Mayor and City Council on September 15, 2008 8/27/2008 Page 2 of 18 U08-05/VC08-05 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council on September 15, 2008 8/27/2008 Page 3 of 18 U08-05/VC08-05 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor and City Council on September 15, 2008 8/27/2008 Page 4 of 18 U08-05/VC08-05 SITE PLAN – July 1, 2008 8/27/2008 U08-05/VC08-05 Prepared by the Community Development Department for the Mayor and City Council on September 15, 2008 Page 5 of 18 NORTH VIEW OF SUBJECT SITE FROM BIRMINGHAM ROAD VIEW TO THE NORTHWESTERN SIDE OF SUBJECT SITE Prepared by the Community Development Department for the Mayor and City Council on September 15, 2008 8/27/2008 Page 6 of 18 U08-05/VC08-05 VIEW TO THE NORTHEASTERN CORNER OF SUBJECT SITE SUBJECT SITE: The subject site is a 17.313 acre tract of agriculturally zoned land, located on the north side of Birmingham Road. The subject site is currently undeveloped and is located within the Agricultural, Forestry and Mining Land Use designation on the Focus Fulton 2025 Comprehensive Land Use Plan. Prepared by the Community Development Department for the Mayor and City Council on September 15, 2008 8/27/2008 Page 7 of 18 U08-05/VC08-05 Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 AG-1 (Agricultural) Bream Ridge Subdivision 1 unit/acre North 2 AG-1 (Agricultural) Undeveloped 1 unit/acre East 3 AG-1 (Agricultural) Boiling Springs Baptist Church N/A Further East 4 AG-1 (Agricultural) Scattered homes 1 unit/acre Southeast 5 AG-1 (Agricultural) Undeveloped 1 unit/acre Southeast 6 AG-1 (Agricultural) Single-family home 1 unit/acre South 7 AG-1 (Agricultural) Undeveloped 1 unit/acre South 8 AG-1 (Agricultural) Single-family home 1 unit/acre West 9 AG-1 (Agricultural) Undeveloped 1 unit/acre Prepared by the Community Development Department for the Mayor and City Council on September 15, 2008 8/27/2008 Page 8 of 18 U08-05/VC08-05 EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the Mayor and City Council on September 15, 2008 8/27/2008 Page 9 of 18 U08-05/VC08-05 USE PERMIT CONSIDERATIONS: In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: A. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Provided the applicant complies with the Recommended Conditions of this petition and the Use Permit requirements of Article 19.4.9. of the Zoning Ordinance, the proposed development may be consistent with the intent and following policies of the Comprehensive Plan: • Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. • To the extent possible, open space should be incorporated into all developments B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; If developed in accordance with Staff’s Recommended Conditions and the provisions of the Zoning Ordinance, the proposed cemetery will be compatible with other land uses in the surrounding area. C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use does not violate any known local, state and/or federal statutes, ordinances or regulations governing land development. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; It is Staff’s opinion that the proposed use will generate a very minimal increase in traffic. E. The location and number of off-street parking spaces; Prepared by the Community Development Department for the Mayor and City Council on September 15, 2008 8/27/2008 Page 10 of 18 U08-05/VC08-05 Staff notes that the applicant has proposed a 20’ wide gravel drive for two way traffic and a 12’ grass shoulder for parking. The Zoning Ordinance does not provide a specific minimum parking requirement for a cemetery. It is Staff’s opinion that the parking provided by the 12’ shoulder will meet the need for parking for this use. F. The amount and location of open space; The applicant’s site plan indicates that the subject site is undeveloped. Staff is of the opinion that the proposed development will provide adequate open space for the proposed development. G. Protective screening; If developed in accordance with the requirements of the Zoning Ordinance and the Northwest Fulton Overlay District, the buffer and landscape strip requirements should provide adequate screening for the proposed development. Staff notes that the applicant is requesting a variance to delete the 75-foot undisturbed buffer along portions of the east, west, and north property lines. It is the intent of the applicant to preserve existing screening, as to preserve the pastureland. Staff further notes that there will be fencing along the perimeter of the property. H. Hours and manner of operation; The applicant states that the hours of operation will be from 9:00am to 5:00pm, seven days a week. The applicant is proposing a gate at the entrance of the cemetery to control access to the property. I. Outdoor lighting; At the time of Land Disturbance Permit the site shall be in compliance with Article 12H.3.4 of the Northwest Fulton Overlay District regarding outdoor lighting. Staff notes that the applicant does not have any plans for lighting. J. Ingress and egress to the property. Staff notes that the applicant is proposing a gravel drive. The location of the drive shall meet the minimum site distance standards as approved by the Transportation Engineer. Prepared by the Community Development Department for the Mayor and City Council on September 15, 2008 8/27/2008 Page 11 of 18 U08-05/VC08-05 SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on July 1, 2008, Staff offers the following considerations: Northwest Overlay District BUILDING HEIGHT Article 12H.3.5 Section D.1 of the Northwest Overlay District requires a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. At this time, the applicant does not have any plans for buildings on the subject site. LANDSCAPE STRIPS AND BUFFERS Article 12H.3.1 Section A.1 states that all properties shall provide a minimum 10 foot-wide landscape strip along all public streets. Staff notes that it appears that the applicant has met this requirement on the submitted site plan. Furthermore, Article 12H.3.1 Section C.2 of the Northwest Overlay District requires a seventy- five (75) foot-wide undisturbed buffer, with a 10’ improvement setback, which shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. Staff further notes that the applicant has applied for a concurrent variance to delete the 75’ buffer and 10’ impervious setback to 0’ along western property lines N 00˚32’03” W for 360.96’, S 89˚27’57” W for 65.23’, and N 00˚32’’03” W, along all eastern property lines, and along the northern property line from northeastern corner to the 50’ stream buffer line for a distance of 320’ (12H.3.1 Section C.2). Staff notes that there is some existing buffering along these property lines that will be preserved, which will be reflected in the recommended conditions. Lastly, the applicant has stated in his letter of intent that all graves will be placed 85’ from the nearest property lines. Excluding the concurrent variance request, it appears to Staff that the applicant has met all landscape strip and buffer requirements. The applicant also indicates that no grave sites will be placed within the existing buffer areas. A condition will be included to reflect this requirement. In accordance with the Focus Fulton 2025 Plan, “Maintaining Rural Character in Northwest Fulton County, Georgia,” Staff finds the applicant’s intent of preserving pastureland consistent with the following plan goals: • Northwest Fulton County’s existing rural character-defined by historic resources, wooded areas, agricultural uses, horse farms, pastures, lakes, farms, estates, and natural settings along roadsides-will continue to exist. Prepared by the Community Development Department for the Mayor and City Council on September 15, 2008 8/27/2008 Page 12 of 18 U08-05/VC08-05 • A mature and natural landscape with informal placement of trees and indigenous vegetation is characteristic of the area. • Cemeteries and places of historic, archeological or architectural significances are preserved. In addition, in accordance with Article 22.3.1.A, “Relief, if granted, would be in harmony with, or, could be made in harmony with, the general purpose and intent of the Zoning Ordinance.” Based on the above, Staff recommends APPROVAL CONDITIONAL of VC08-05. BUILDING SETBACKS Article 12H.3.5 Section C.2 of the Northwest Overlay District requires a maximum 30-foot building setback from the edge of the required landscape strip and/or easements for all properties and lots located adjacent to public rights-of-way and from 0 to 400 feet from an intersection. At this time, the applicant does not have any plans for buildings on the subject site. PARKING REQUIREMENTS The City of Milton Zoning Ordinance does not specifically address parking requirements for cemeteries. However, the applicant intends to provide a 12’ wide grass shoulder along the proposed drive to accommodate vehicle parking. It is Staff’s opinion that it will provide adequate parking for its use. OTHER CONSIDERATIONS According to the applicant, burial plot sections will be approximately 10’ by 10’, which will be less dense than traditional cemeteries where plots are typically 4’ by 8’. The applicant also states that the site will have areas for scattering and burial of ashes in biodegradable urns. PUBLIC INVOLVEMENT On July 23, 2008 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were five individuals from the community who were in attendance at the meeting. One attendee questioned whether or not his property value would be affected by the proposed use. The applicants will be presenting their plan to the Milton Design Review Board on August 5, 2008. Public Comments – Staff has not received phone calls and emails Prepared by the Community Development Department for the Mayor and City Council on September 15, 2008 8/27/2008 Page 13 of 18 U08-05/VC08-05 PUBLIC NOTICE REQUIREMENTS The Community Zoning Information Meeting was advertised in the Milton Herald on July 9, 2008 and the sign was installed before the required date of July 9, 2008 along the frontage of Birmingham Road. The notice of Community Zoning Information Meeting was sent, to adjacent property owners, on July 9, 2008. The request for the use permit was advertised in the Milton Herald on August 6, 2008 and notice sent to adjacent property owners on August 14, 2008. The sign was still in the appropriate location on August 6, 2008. CITY OF MILTON DESIGN REVIEW BOARD MEETING – AUGUST 5, 2008 The following recommendations were made by the DRB: • The Board inquired about the location of the buffer in relation to the owner’s residence, how the graves will be marked, if any specimen trees will be removed, and how the site will be traversed. PLANNING COMMISSION MEETING – AUGUST 26, 2008 The Planning Commission unanimously approved the use permit and the concurrent variance. The applicant requested that the four board fence color be changed from black to white as it already exists on the property. This is reflected in the recommended conditions. There was discussion regarding the amount of buffering along the northern property line adjacent to the Breamridge Subdivision. After looking at the aerial and discussing the power line providing a further separation between the AG-1 (Agricultural) subdivision and the cemetery. CITY ARBORIST Phase I: Most of the 10 acres is pasture. There are perimeter trees to the east, north, and west. Springhead location is in the NW corner near the property line. 1-2) 34” oak 3) 32” oak 4) 28” pine Phase II: All pasture with specimen trees at or just off property line. 5) 29” oak 6) 30” poplar Phase III: Very nice wooded area with large but no specimen trees. Springheads are in the northeast corner of this phase. Wooded area is very nice with vegetation, canopy coverage and contour changes. Prepared by the Community Development Department for the Mayor and City Council on September 15, 2008 8/27/2008 Page 14 of 18 U08-05/VC08-05 CONCLUSION Staff notes that the proposed cemetery appears to meet all requirements as stated in Article 19.4.9 of the City of Milton Zoning Ordinance, and recommends APPROVAL CONDITIONAL of U08-05. Furthermore, Staff is of the opinion that the requested variance is in line with the goals of the 2025 Focus Fulton Comprehensive Plan and that relief, if granted, would be in harmony with, or, could be made in harmony with, the general purpose and intent of the Zoning Ordinance and recommends APPROVAL CONDITIONAL of VC08-05. Prepared by the Community Development Department for the Mayor and City Council on September 15, 2008 8/27/2008 Page 15 of 18 U08-05/VC08-05 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved USE PERMIT for a cemetery (Article 19.4.9.) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Cemetery. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Milton Community Development Department on July 1, 2008. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Burial sites must remain 85’ from all property lines. b) The site plan must provide adequate access and turn around; as acceptable to the Milton Public Works Director and Fire Marshal. c) Access from property to Birmingham Road shall meet Milton standards. If access is needed from adjacent property owners, the ingress/egress utility easement shall require Public Works approval and necessary permanent sidewalk easements may be required for such case. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a. Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the Right of Way for the approved final site plan including the following: Prepared by the Community Development Department for the Mayor and City Council on September 15, 2008 8/27/2008 Page 16 of 18 U08-05/VC08-05 i. Provide at least 33 feet of right-of-way from the edge of pavement, along the entire property frontage, as well as allow the necessary construction easements while the rights- of-way are being improved or as approved by the Director of Public Works. ii. Provide 10 foot wide multi-use path along the entire Birmingham Road frontage of the property located zero feet from the Right of Way line and no less than 23 feet behind the back of curb or as approved by the Director of Public Works. iii. Provide 10 foot wide multi-use path along the entire frontage of 50’ wide ingress/egress, utility, permanent sidewalk easement immediately to the west of the property, as approved by the Director of Public Works. iv. Provide a white four-board equestrian style fence 3 feet behind the right-of-way and adjacent to the sidewalk/trail or as approved by the Director of Public Works. b. Driveway including apron length, driveway width, and grass parking shoulder material shall meet the Community Service Policies and AASHTO guidelines, or as approved by the Director of Public Works Prepared by the Community Development Department for the Mayor and City Council on September 15, 2008 8/27/2008 Page 17 of 18 U08-05/VC08-05 APPENDIX A Comments on Public Services and Utilities Note: Various City and/or County departments that may or may not be affected by the proposed development provide the following information. Comments herein are based on the applicant’s conceptual site plan and are intended as general non-binding information and in no manner suggest a final finding by the commenter. All projects, if approved are required to complete the City of Milton Plan Review process prior to the commencement of any construction activity. Transportation/Public Works • Consider using Grasspave for the parking on the shoulder • Provide parking requirements and calculations • Milton Public Works to field verify sight distance • Extend asphalt apron • Easement from existing right of way (20 feet from edge of pavement) to 13 feet behind existing right of way shall be an ingress/egress, utility, permanent sidewalk/trail/pedestrian easement. • Easement from 13 feet behind existing right of way to 75 feet behind existing right of way shall be an ingress/egress utility easement. • Adequately address erosion and sediment control and stormwater runoff Fulton County Tax Assessor: Property Tax ID#: 22–4220–0381–009-0 Drainage: Flood Plain: No Flood Plain City of Milton Fire Marshal: Comments: No obvious fire concerns at this time Public Safety: This change will have no impact on police and fire operations in the City of Milton. Prepared by the Community Development Department for the Mayor and City Council on September 15, 2008 8/27/2008 Page 18 of 18 U08-05/VC08-05 City of Milton 13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey R. Inglis, Finance Manager Date: Submitted August 25, 2008 for the September 3, 2008 Council Meeting Agenda Item: Presentation of Recommended Budget Amendments to the Fiscal Year 2008 Annual Budget By its nature, our budget is an estimate of the revenues and expenditures needed to accomplish the City Council and Staff goals for the year. Throughout the year events occur that require modifications to the budget. These adjustments may be needed for various reasons, such as recognizing extraordinary revenues or expenditures, new projects that are authorized by Council or providing funding for expenditures resulting from extraordinary events like natural disasters. We will typically accumulate the budget adjustments and bring them to Council one to two times each year. As the year has progressed, it has become apparent that modifications need to be made in the General Fund, Hotel/Motel Tax Fund, Operating Grant Fund, Capital Projects Fund and the Capital Grants Fund. Attached to this memo are the details comprising the second set of budget amendments to the fiscal year 2008 amended annual budget, approved by Council on July 7, 2008. Concurrent Review: Billy P. Beckett, City Manager 1 ORDINANCE NO. STATE OF GEORGIA FULTON COUNTY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2008 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on September 15, 2008 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2008 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2008 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2008 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. _________________________ _________________________ _________________________ _______________________________ ADOPTED AND APPROVED this 15th day of September, 2008. CITY OF MILTON, GEORGIA By: ________________________ Councilmember Karen Thurman Councilmember Julie Zahner Bailey Councilmember Bill Lusk (SEAL) Attest: Jeanette Marchiafava, City Clerk Mayor Joe Lockwood ________________________ Councilmember Tina D’Aversa ________________________ Councilmember Burt Hewitt ________________________ Councilmember Alan Tart City of Milton, Georgia Fiscal Year 2008 Summary of Departmental Budget Amendments #2 Fiscal Year 2008 Budget Amendment The goal of the second fiscal year 2008 budget amendment is to revise departmental budgets and interfund transfers based upon activitytodate. The intent of the amendment is to cover expenditures incurred as either unforeseen or omitted from the original budget passed by the City Council on September 20, 2007 and amended on July 7, 2008. General Fund The General Fund is the principal operating fund of the government and is used to facilitate current year operations. General Fund revenues are revenues with unrestricted use. Expenditure requests are categorized into two categories: Salary/Benefits and Maintenance/Operating. Salary / benefits line items include salaries, overtime, vacation pay, retirement and other associated payroll expenditures. The maintenance / operating category includes expenditures related to operational line items such as, supplies, professional fees, training, dues/fees, travel, utilities, communications, machinery & equipment, etc. GENERAL FUND SUMMARY: Revenue Appropriation Increase: 4,478,173 $ Expenditure Appropriation Increase: 4,478,173 $ Net Revenue/(Expenditure) Requests: $ Revenue Amendments: The change in original revenue estimates for the following revenue sources is driven by analysis of activity for the months of October – August. A projection was completed using available data indicating the fiscal year 2008 revenue estimates could be adjusted by the amounts indicated in the table on page 3. Some of the most significant changes are explained as follows: 1. The City received the Special Service District (SSD) Funds from Fulton County in early July totaling $4,176,896. A budget amendment is requested in Intergovernmental Revenue to account for these funds. 2. The following revenue collections are trending higher than anticipated: a. Prior Year Property TaxesReal $ 91,886 b. Motor Vehicle Tax $ 77,000 c. Franchise Fees $200,000 3. Municipal Court Fines and Forfeitures continue to trend lower than anticipated. A proposed decrease of $90,000 is being submitted. 2 Fiscal Year 2008 Budget Amendment REVENUE SOURCE AMENDED BUDGET YTD ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT PROPOSED FINAL BUDGET Current Yr Property TaxesReal $ 8,447,544 $ (8,447,544) $ $ 8,447,544 Prior Yr Property TaxesReal 500,000 591,886 91,886 91,886 591,886 Current Yr Property TaxesUtility 576,277 570,370 (5,907) 0 576,277 Current Yr Prop TaxesPersonal 153,000 (153,000) 0 153,000 Prior Yr Prop TaxesPersonal 30,000 32,791 2,791 0 30,000 Motor Vehicle Tax 413,000 431,493 18,493 77,000 490,000 Intangible Tax 200,000 163,819 (36,181) 0 200,000 Real Estate Transfer Tax 47,000 35,894 (11,106) 0 47,000 Franchise Fees 1,195,924 1,133,240 (62,684) 200,000 1,395,924 Local Option Sales Tax 4,167,423 2,714,003 (1,453,420) 0 4,167,423 Alcohol Beverage Excise Tax 254,000 218,178 (35,822) 0 254,000 Business & Occupation Tax 650,000 577,367 (72,633) 0 650,000 Financial Institution Tax 30,000 31,924 1,924 0 30,000 Penalty & InterestReal Prop 30,000 50,419 20,419 0 30,000 Penalty & InterestPers Prop 6,000 269 (5,731) 0 6,000 Penalty & InterestBusiness Lic 0 7,865 7,865 7,865 7,865 Fulton County/SSD Funds 0 4,176,896 4,176,896 4,176,896 4,176,896 Bad Check Fees 220 265 45 0 220 Interest Revenue 66,000 47,316 (18,684) 0 66,000 Tan Proceeds Interest 19,000 13,038 (5,962) 0 19,000 Realized Gain/Loss on Investmt 45,000 41,233 (3,767) 0 45,000 LeaseOld Bullpen Rd 5,000 5,000 0 0 5,000 Other Misc Revenue 38,067 221 (37,846) 0 38,067 Op Transfers InHtl/Mtl Tax Fund 54,000 44,879 (9,121) (20,500) 33,500 City Clerk: Open Records Fees 1,688 715 (973) 0 1,688 City Manager: Donation Revenue 5,000 2,000 (3,000) (3,000) 2,000 Merchandise & Products 1,200 581 (619) 0 1,200 Finance: Alcohol Beverage Licenses 125,000 119,855 (5,145) (5,145) 119,855 Advertising Fee 54 162 108 0 54 Pouring Permit 4,500 7,835 3,335 3,400 7,900 Solicitation Permit 420 420 0 0 420 Admin Fee 53,000 62,275 9,275 9,275 62,275 Alarm Registration 7,000 14,000 7,000 7,000 14,000 PenaltiesAlarm Reg 0 25 25 0 0 Municipal Court: Admin Fee 154,000 147,744 (6,256) 0 154,000 Public Safety: Tent Permit 210 0 (210) 0 210 Fireworks Permit 2,500 0 (2,500) 0 2,500 Accident Reports 6,000 5,801 (199) 0 6,000 Expungement Fees 300 150 (150) 0 300 False Alarms 25,000 17,300 (7,700) (5,000) 20,000 ReInspection 350 0 (350) 0 350 Fingerprinting Fee 0 0 0 0 0 Gate Access 0 0 0 0 0 Background Check Fees 1,500 1,310 (190) 0 1,500 Fines & Forfeitures 550,000 392,248 (157,752) (90,000) 460,000 Donation Revenue 10,371 10,871 500 0 10,371 Public Safety Fund 825 945 120 0 825 ContraDonation Revenue (10,371) 0 10,371 10,371 0 ContraPublic Safety Fund (825) 0 825 825 0 Insurance Proceeds 13,655 23,310 9,655 0 13,655 ContraInsurance Proceeds (13,655) 0 13,655 13,655 0 Public Works: Insurance Proceeds 3,645 3,645 0 0 3,645 ContraInsurance Proceeds (3,645) 0 3,645 3,645 0 Community Development: 0 Zoning & Land Use Permits 40,000 50,461 10,461 0 40,000 Land Disturbance 60,000 39,387 (20,613) 0 60,000 Modification 2,000 2,100 100 0 2,000 Variance 10,000 6,050 (3,950) 0 10,000 Seasonal & Special Events 50 50 0 0 50 Sign Permits 8,400 7,638 (762) 0 8,400 Building Permits 140,000 139,566 (434) 0 140,000 Planning & Development Fees 60 160 100 0 60 Maps & Cert Letters 2,000 1,618 (382) 0 2,000 Plan Review Fees 20,000 18,402 (1,598) 0 20,000 Development Bond Fee 2,500 1,700 (800) 0 2,500 Ordinance Fines 4,000 3,531 (469) 0 4,000 TOTAL $ 18,154,187 $ 11,970,224 $ (6,183,963) $ 4,478,173 $ 22,632,360 3 Fiscal Year 2008 Budget Amendment Expenditure Amendments: The recommended expenditure amendments are presented on the following pages by department. MAYOR AND COUNCIL ACCOUNT DESCRIPTION FY 2007 ACTUAL FY 2008 AMENDED BUDGET YTD ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Salaries $ 116,931 $ 125,080 $ 92,963 $ 32,117 $ (17,380) $ 107,700 Group Insurance 3,597 3,215 1,310 1,905 (1,310) 1,905 401A SS Match 4,376 4,751 3,340 1,411 (710) 4,041 FICA Medicare 1,629 2,062 1,243 819 (617) 1,445 401A 1% Match to 457B 0 241 0 241 (241) 0 Pension 1,859 2,019 1,859 161 2,019 Unemployment Insurance 1,836 1,840 1,490 350 1,840 Worker's Comp 1,294 781 781 0 781 Professional Fees 5,700 49,500 38,141 11,359 49,500 Professional Fees Contracted 45,995 341,032 312,613 28,419 341,032 Land/Building Rental 25,638 82,858 73,989 8,869 82,858 Communications 633 1,000 98 902 1,000 Advertising 0 400 (400) 0 Travel 7,291 13,465 805 12,660 13,465 Dues & Fees 1,300 1,200 1,200 0 1,200 Education & Training 13,672 8,214 4,785 3,429 8,214 General Supplies 613 500 460 40 500 Food/Meals 18,505 720 361 359 720 Promotional 0 2,000 0 2,000 2,000 Mach/Equip 6,747 32,000 0 32,000 32,000 Stipend: Thurman 0 2,000 0 2,000 2,000 Zahner Bailey 1,029 2,000 0 2,000 2,000 Lusk 0 2,000 0 2,000 2,000 O'Brien/Hewitt 0 2,000 404 1,596 2,000 D'Aversa 1,074 2,000 1,000 1,000 2,000 Mohrig/Tart 1,244 2,000 1,574 426 2,000 Lockwood 1,263 3,000 1,124 1,876 3,000 Nonrecurring 289 700 290 410 700 TOTAL $ 262,514 $ 688,178 $ 540,229 $ 147,949 $ (20,258) $ 667,920 Salary/Benefits $ 131,521 139,989 $ 102,985 $ 37,004 $ (20,258) $ $ 119,731 M & O $ 130,992 548,189 $ 437,244 $ 110,945 $ $ $ 548,189 BUDGET AMENDMENT NOTES Account Name Amendment Reason DECREASE 1. Salary & Benefits Vacant Executive Aid position Total Decrease $ $ (20,258) (20,258) TOTAL MAYOR & COUNCIL BUDGET AMENDMENTS $ (20,258) 4 Fiscal Year 2008 Budget Amendment CITY MANAGER ACCOUNT DESCRIPTION FY 2008 AMENDED BUDGET YTD ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Salaries and Wages $ 130,300 $ 107,181 $ 23,119 $ 130,300 Car Allowance 3,000 2,400 600 3,000 Group Insurance 8,640 4,356 4,284 8,640 401A (SS match) 4,890 3,555 1,335 4,890 FICA Medicare 1,794 1,431 363 1,794 401A 1% Match to 457B 1,360 655 705 1,360 Pension 4,760 3,924 836 4,760 Unemployment Insurance 460 444 16 460 Worker's Compensation 1,126 1,126 0 1,126 Flexible Spending 150 0 150 150 Temporary Housing 3,000 0 3,000 3,000 Professional Fees 7,000 7,266 (266) (7,000) 0 Professional Fees Contracted 204,619 187,568 17,051 204,619 Rental Land & Buildings 8,286 7,399 887 8,286 Rental Equipment & Vehicles 2,240 2,240 0 (2,000) 240 Communications 2,400 1,035 1,365 2,400 Advertising 1,500 1,942 (442) (1,500) 0 Printing 4,000 1,318 2,682 (4,000) 0 Travel 7,900 8,192 (292) 7,900 Dues/Fees 7,501 7,187 314 7,501 Education/Training 2,500 990 1,510 2,500 General Supplies 5,000 1,850 3,150 (5,000) 0 Natural Gas 2,500 0 2,500 2,500 Food/Meals 4,750 441 4,309 (4,000) 750 Machinery 5,000 189 4,811 (3,000) 2,000 TOTAL EXPENDITURES $ 424,676 $ 352,687 $ 71,989 $ (26,500) $ 398,176 Salary/Benefits 156,330 $ 125,072 $ 31,258 $ $ $ 156,330 M & O 265,196 $ 227,615 $ 37,581 $ (26,500) $ $ 238,696 BUDGET AMENDMENT NOTES Account Name Amendment Reason DECREASE 1. Professional Fees 2. Rental Equipment & Vehicles 3. Advertising 4. Printing 5. General Supplies 6. Food/Meals 7. Machinery Total Decrease Transfer Special Events budget to the newly created Special Events Fund: $ $ $ $ $ $ $ $ (7,000) (2,000) (1,500) (4,000) (5,000) (4,000) (3,000) (26,500) TOTAL CITY MANAGER BUDGET AMENDMENTS $ (26,500) 5 Fiscal Year 2008 Budget Amendment OPERATIONS/FINANCE ACCOUNT DESCRIPTION FY 2008 AMENDED BUDGET YTD ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Salary/Benefits $ 50,000 $ $ 50,000 $ (50,000) $ Group Insurance 4,201 0 4,201 (4,201) 0 401A (SS Match) 1,875 0 1,875 (1,875) 0 FICA Medicare 825 0 825 (825) 0 401A 1% Match 500 0 500 (500) 0 Pension 3,500 2,788 712 3,500 Unemployment Insurance 230 0 230 (230) 0 Worker's Compensation 111 111 (0) 111 Professional Fees 45,000 43,200 1,800 45,000 Professional Fees Contracted 750,270 688,984 61,286 750,270 Contracted/Credit card Fees 26,000 18,791 7,209 26,000 Rental Land & Buildings 29,000 25,896 3,104 29,000 Communications 1,000 197 803 1,000 Advertising 500 1,296 (796) 500 Printing 2,200 577 1,623 2,200 Travel 900 0 900 900 Dues & Fees 1,115 215 900 1,115 Education & Training 800 0 800 800 General Supplies 4,500 0 4,500 4,500 TOTAL EXPENDITURES $ 922,527 $ 782,055 $ 140,472 $ (57,631) $ 864,896 Salary/Benefits 61,242 $ 2,899 $ 58,343 $ (57,631) $ 3,611 $ M & O 856,785 $ 779,156 $ 77,629 $ $ 856,785 $ BUDGET AMENDMENT NOTES Account Name Amendment Reason DECREASE 1. Salary & Benefits Vacant City Treasurer position Total Decrease $ $ (57,631) (57,631) TOTAL FINANCE BUDGET AMENDMENTS $ (57,631) 6 Fiscal Year 2008 Budget Amendment OPERATIONS/LEGAL SERVICES ACCOUNT DESCRIPTION FY 2008 BUDGET YTD ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Professional Fees $ 180,000 $ 190,757 $ (10,757) $ 120,000 $ 300,000 TOTAL EXPENDITURES $ 180,000 $ 190,757 $ (10,757) $ 120,000 $ 300,000 Salary/Benefits $ $ $ $ $ M & O $ 180,000 190,757 $ $ (10,757) 120,000 $ $ 300,000 BUDGET AMENDMENT NOTES Account Name Amendment Reason INCREASE 1. Professional Fees Legal Fees are higher than initially anticipated Total Increase $ $ 120,000 120,000 TOTAL FINANCE BUDGET AMENDMENTS $ 120,000 7 Fiscal Year 2008 Budget Amendment PUBLIC SAFETY ADMINISTRATION ACCOUNT DESCRIPTION FY 2008 AMENDED BUDGET YTD ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Salaries $ 363,590 $ 261,476 $ 102,114 $ 363,590 Salaries/Overtime 1,000 974 26 1,000 Group Insurance 33,265 16,659 16,606 33,265 401A SS Match 13,635 9,972 3,663 13,635 FICA Medicare 5,999 2,972 3,027 5,999 401A 1% Match 3,636 562 3,074 3,636 Pension 12,725 8,985 3,740 12,725 Unemployment Insurance 1,150 478 672 1,150 Worker's Comp 6,999 6,999 0 6,999 Professional Fees 29,950 19,285 10,665 29,950 Professional Fees Contracted 728,167 656,486 71,681 728,167 Equipment R & M 3,500 0 3,500 3,500 Vehicles R & M 185,000 187,639 (2,639) 13,655 198,655 Rental Land & Buildings 24,857 22,197 2,660 24,857 Communications 6,480 4,311 2,169 6,480 Advertising 5,500 0 5,500 5,500 Printing 8,600 2,122 6,478 8,600 Travel 3,250 1,203 2,047 3,250 Dues & Fees 3,000 1,828 1,172 3,000 Education & Training 2,750 720 2,030 2,750 Maintenance Contract 139,766 116,033 23,733 139,766 General Supplies 6,250 5,800 450 6,250 Food/Meals 1,750 1,311 439 1,750 Uniforms 2,400 1,836 564 2,400 Other Equip/Cell Phone Repl 300 470 (170) 300 Other Equip/ Hardware 4,665 4,920 (255) 4,665 Other Equip/ Misc. 238 964 (726) 238 TOTAL EXPENDITURES $ 1,598,422 $ 1,336,203 $ 262,219 $ 13,655 $ 1,612,077 Salary/Benefits 441,999 $ 309,076 $ 132,923 $ $ 441,999 $ M & O 1,156,423 $ 1,027,127 $ 129,296 $ 13,655 $ 1,170,078 $ BUDGET AMENDMENT NOTES Account Name Amendment Reason INCREASE 1. Vehicles Repairs & Maint Total Increase At the recommendation of the auditor, everything booked to a contrarevenue account has been moved to an expenditure account. See revenue section for a budget amendment under ContraInsurance Proceeds. $ $ 13,655 13,655 TOTAL PUBLIC SAFETY ADMIN BUDGET AMENDMENTS $ 13,655 8 Fiscal Year 2008 Budget Amendment PU BL IC S AFETY/P OLIC E ACCOUNT DESCRIPTION FY 2008 AMENDED BUDGE T YTD ACTUAL/ ENCUM BERE D BUDG ET BALANCE REQUESTED BUD GE T ADJUSTM ENT FINAL BUDGET Salar ie s 948,5 89 $ 7 94 ,1 02 $ $ 1 54,4 87 $ $ 94 8,58 9 Te rmi nati on L iab ility 2,3 84 0 2,384 0 2,38 4 O vertime 46,9 73 55 ,220 (8 ,247 ) 20,000 6 6,97 3 H olid ay 54,8 92 47 ,243 7,649 0 5 4,89 2 G ro up Insur ance 150,9 08 88 ,008 62,900 0 15 0,908 40 1A SS Matc h 38,1 26 33 ,634 4,492 0 3 8,12 6 FICA Medi care 16,7 75 12 ,195 4,580 0 1 6,77 5 40 1A 1% Match 9,5 88 6 ,089 3,499 0 9,58 8 Pe nsio n 33,2 01 25 ,930 7,271 0 3 3,20 1 Tuit io n Reim burs ement 7,8 75 7 ,704 172 0 7,87 5 Une mpl oyment Insur anc e 5,8 90 6 ,045 (155 ) 0 5,89 0 Wor ker's Comp 39,9 66 39 ,966 0 0 3 9,96 6 Pr ofes si onal Fee s 6,6 50 3 ,091 3,559 0 6,65 0 Rental Land & Bu il dings 4,1 43 3 ,6 99 444 0 4,14 3 Com muni catio ns 29,2 60 23 ,928 5,332 0 2 9,26 0 Tr avel 3,0 14 3 ,814 (800 ) 0 3,01 4 D ues & Fees 1,1 20 190 930 0 1,12 0 Education & Trai ning 6,3 00 3 ,274 3,026 0 6,30 0 Mai nt enance Contr acts 5,0 00 995 4,005 0 5,00 0 G eneral Supplies 13,2 64 8 ,356 4,908 0 1 3,26 4 Uni forms 20,00 0 1 9,91 3 87 0 2 0,00 0 Furnitur e & Fixtures 53 4 53 4 0 0 53 4 Com puter Softw are 79,18 5 1,18 5 78,000 (7 8,00 0) 1,18 5 Cell P hones 1,00 0 (18 ) 1,018 0 1,00 0 Weaponry 13,66 5 1 3,44 2 223 0 1 3,66 5 Camer as 80 0 77 0 30 0 80 0 Motorola Radi os 8,50 4 8,50 4 0 3,106 1 1,61 0 Misc Equipment 18,95 0 2 2,27 1 (3 ,321 ) 0 1 8,95 0 TOTAL $ 1,566,556 $ 1,230,084 $ 336,472 $ (54,894) $ 1,511,662 Salar y/Be ne fit s 1,3 55,1 67 $ 1 ,1 16 ,1 35 $ 239 ,032 $ 2 0,00 0 $ $ 1,3 75,1 67 M & O 211,3 89 $ 1 13 ,9 48 $ 97 ,441 $ (7 4,89 4) $ $ 1 36,4 95 BUDGET A MENDMENT NOTES Account Name Amendment Reason INCR EASE 1. O ver time 2. Motorola Radi os Total Increase Cove r cost p rovidi ng courtroom and council mee ti ng secur ity and personnel for c heck p oi nt Transfer expense fr om Capi tal Pr oject Fund $ $ $ 20,00 0 3,10 6 23,106 DECREASE 3. Comput er Softw are Transfer to Capital Pro j ects Fund Total D ecrease $ $ (7 8,00 0) (78,000) TOTAL POLICE BUDGET AMENDM ENTS $ (54,894) 9 Fiscal Year 2008 Budget Amendment PUBLIC SAFETYFIRE ACCOUNT DESCRIPTION FY 2008 AMENDED BUDGET YTD ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Salaries & Wages 2,035,811 $ 1,600,898 $ $434,913 $ 2,035,811 Termination Liability 5,000 0 5,000 5,000 Overtime 75,652 48,067 27,585 75,652 Holiday 93,971 81,214 12,757 93,971 Group Insurance 295,881 182,299 113,582 295,881 401A SS Match 82,141 64,959 17,182 82,141 FICA Medicare 36,366 24,098 12,268 36,366 401A 1% Match 17,846 8,955 8,891 17,846 Pension 76,818 61,566 15,252 76,818 Tuition Reimbursement 6,000 7,575 (1,575) 6,000 Unemployment Insurance 12,650 11,627 1,023 12,650 Worker's Comp 50,588 50,588 (0) 50,588 Professional Fees 27,120 29,318 (2,198) 10,530 37,650 Equipment Repair & Maint 21,950 0 21,950 21,950 Facilities Repair & Maint 5,000 6,709 (1,709) 5,000 Rental Land & Buildings 175,084 173,209 1,875 175,084 Rental Equip & Vehicles 640 571 69 640 Communications 7,920 6,362 1,558 7,920 Travel 3,000 255 2,745 3,000 Dues & Fees 3,500 3,371 130 3,500 Education & Training 12,310 2,031 10,279 12,310 Telephone Service 12,000 11,390 610 12,000 General Supplies 26,939 11,885 15,054 26,939 Water/Sewage 4,800 4,183 617 4,800 Natural Gas 16,800 17,106 (306) 16,800 Electricity 20,500 20,028 472 20,500 Telecommunications 3,000 2,557 443 3,000 Uniforms 77,431 69,586 7,845 77,431 Machinery 0 3,132 (3,132) 3,133 3,133 Furniture & Fixtures 1,534 1,188 346 1,534 Computer/Software 65,000 0 65,000 (65,000) 0 Other EquipmentCell Phones 750 334 416 750 TOTAL $ 3,274,002 $ 2,505,062 $ 768,940 $ (51,337) $ 3,222,665 Salary/Benefits 2,788,724 $ 2,141,846 $ 646,878 $ $ 2,788,724 $ M & O 484,528 $ 362,882 $ 121,646 $ (51,337) $ 433,191 $ BUDGET AMENDMENT NOTES Account Name Amendment Reason INCREASE 1. Professional Fees 2. Machinery Total Increase Cover cost of replace hydraulic cutter (received insurance reimbursement see Revenues) Received late bill for 2007 services during FY 08 $ $ $ 10,530 3,133 13,663 DECREASE 3. Computer Software Total Decrease Transfer Fire Records Management Software to Capital Projects Fund $ $ (65,000) (65,000) TOTAL FIRE BUDGET AMENDMENTS $ (51,337) 10 Fiscal Year 2008 Budget Amendment PUBLIC WORKS ACCOUNT DESCRIPTION FY 2008 AMENDED BUDGET YTD ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Professional Fees $ 56,781 $ 5,262 $ 51,519 $ $ 56,781 Professional Fees Contracted 1,364,128 1,250,451 113,677 1,364,128 Equipment R & M 0 2,962 (2,962) 49,448 49,448 Grounds R & M 0 0 0 0 Pothole Repairs 0 0 0 82,541 82,541 Rental Land & Buildings 23,822 21,272 2,550 23,822 Other Purchased Service 0 3,495 (3,495) 3,495 3,495 Maintenance Contracts 0 0 0 0 General Supplies 2,000 0 2,000 2,000 Electricity 295,000 244,594 50,406 295,000 Machinery 0 0 0 0 TOTAL EXPENDITURES $ 1,741,731 $ 1,528,036 $ 213,695 $ 135,484 $ 1,877,215 Salary/Benefits $ $ $ $ $ M & O 1,741,731 $ 1,528,036 $ 213,695 $ 135,484 $ 1,877,215 $ BUDGET AMENDMENT NOTES Account Name Amendment Reason INCREASE 1. Equipment R&M 2. Pothole Repairs 3. Other Purchased Service Transfer Signs & Signals Maintenance from Cap Proj Fd Transfer Pothole Repairs from Cap Projects Fund Total Increase $ Cover the cost associated with guardrail repair (received insurance reimbursement see Revenues) 49,448 82,541 3,495 135,484 $TOTAL PUBLIC WORKS BUDGET AMENDMENTS 135,484 11 Fiscal Year 2008 Budget Amendment PARKS AND RECREATION ACCOUNT DESCRIPTION FY 2008 AMENDED BUDGET YTD ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Professional Fees $ $ 1,682 $ (1,682) $ 3,000 $ 3,000 Professional Fees Contracted 136,413 125,045 11,368 136,413 Facility R & M 3,000 0 3,000 3,000 Rental Land & Buildings 1,036 925 111 1,036 Water/Sewer 4,000 2,224 1,776 4,000 Natural Gas 2,200 1,260 940 2,200 Electricity 17,000 12,319 4,681 17,000 TOTAL $ 163,649 $ 143,455 $ 20,194 $ 3,000 $ 166,649 Salary/Benefits $ $ $ $ $ M & O 163,649 $ 143,455 $ 20,194 $ 3,000 $ 166,649 $ BUDGET AMENDMENT NOTES Account Name Amendment Reason INCREASE 1. Professional Fees Total Increase Cover cost of portable toilets while restrooms are being renovated $ $ 3,000 3,000 TOTAL PARKS & REC BUDGET AMENDMENTS $ 3,000 DEBT SERVICE ACCOUNT DESCRIPTION FY 2008 BUDGET YTD ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Capital Lease Principal $ 711,822 $ 709,394 $ 2,428 $ (2,428) (1,666) $ 709,394 148,334 Other Debt/TAN Interest 150,000 92,350 57,650 TOTAL $ 861,822 $ 801,744 $ 60,078 $ (4,094) $ 857,728 Salary/Benefits $ $ $ $ $ M & O $ 861,822 801,744 $ 60,078 $ (4,094) $ $ 857,728 BUDGET AMENDMENT NOTES Account Name Amendment Reason DECREASE 1. Capital Lease Principal 2. TAN Interest Reflection of actual payment Match actual expense Total Decrease $ $ (2,428) (1,666) (4,094) TOTAL DEBT SERVICE BUDGET AMENDMENTS $ (4,094) 12 Fiscal Year 2008 Budget Amendment OTHER FINANCING USES ACCOUNT DESCRIPTION FY 2008 BUDGET YTD ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Unallocated $ 477,680 $ $ 477,680 $ 4,578,749 $ 5,056,429 Op Transfer Out to Cap Proj Fd 1,966,512 908,111 1,058,401 (711,395) 1,255,117 Op Transfer Out to Cap Grant Fd 150,000 0 150,000 549,300 699,300 Op Transfer Out to Op Grant Fd 27,345 0 27,345 27,345 TOTAL $ 2,621,537 $ 908,111 $ 1,713,426 $ 4,416,654 $ 7,038,191 Salary/Benefits $ $ $ $ $ M & O $ 2,621,537 908,111 $ 1,713,426 $ 4,416,654 $ $ 7,038,191 BUDGET AMENDMENT NOTES Account Name Amendment Reason INCREASE 1. Unallocated 2. Unallocated 3. Unallocated 4. Op Transfer Out to Cap Grant Fd Total Increase SSD Funds from Fulton County Balance of anticipated revenues over expenditures Move Special Events budget to new fund Transfer projects from Capital Projects Fd to Capital Grant Fd (See notes in Capital Grant Fd) $ 4,176,896 375,353 26,500 549,300 5,128,049 DECREASE 5. Op Transfer Out to Cap Proj Fd Total Decrease Transfer noncapital projects out of Capital Projects Fd $ $ (711,395) (711,395) TOTAL OFU BUDGET AMENDMENTS $ 4,416,654 13 Fiscal Year 2008 Budget Amendment Capital Project Fund Capital project funds are used to track revenues and expenditures associated with capital construction, acquisition and maintenance. Appropriations in capital project funds are on a projectlength basis and do not expire until the project is complete. According to the City’s budgetary policies, a major capital project generally is defined as an expenditure that has an expected useful life of more than 3 years with an estimated total cost of $50,000 or more, or an improvement/addition to an existing capital asset. With this in mind, there are several projects appropriated in the Capital Projects Fund that are considered to be noncapital and should be transferred to the General Fund. Some of those projects are slated to begin during FY 2009 and, therefore, will be absorbed into the General Fund reserves and reappropriated in the FY 2009 budget. Other amendments to the Capital Projects Fund include transferring two projects to the Capital Grant Fund since they are partially funded by federal grants; moving two projects from the General Fund that are considered to be “capital” in nature; and splitting out the pavement management project into more detailed projects. This budget amendment appropriates revenue and expenditure in capital project funds as follows (they are colorcoordinated with the line item budget on page 16): Budget Amendment Notes: REVENUES (711,395) $ (711,395) $ EXPENDITURES 78,000 65,000 (30,000) (988,541) 300,000 335,000 50,000 201,000 (3,106) (30,000) (49,448) (30,000) (20,000) (10,000) (30,000) (280,800) (268,500) Signs & Signals Maintenance 1. Operating Transfer inGeneral Fund Decreased to move noncapital projects to General Fund operating budget CAPITAL PROJECTS FUND Resurface Local Roads Resurface & Patch Artials/Collectors Split Pavement Management into specific projects: Fire Records Management Software Transfer from General Fund because this classifies as a capital project Police Records Management Software Transfer from General Fund because this classifies as a capital project ReStriping Arnold Mill @ New Providence Birmingham & Providence Transfer to Capital Grant Fund (projects are partially funded by Federal money): Highway 9 Design Guidelines Tree Preservation Ordinance Historic Preservation Ordinance Parks Master Plan Landrum Rd Bridge RepairsDecrease to reflect estimated cost of project Bridges & Dams Inspections/Inventory Motorola Radios Transfer to General Fund (not a capital project): Landrum Rd Bridge Designalready included in that line item ($20,000) Transfer Pothole Repair to General Fund Operating budget ($82,541) Gravel Roads Maintenance $ (711,395) 14 Fiscal Year 2008 Budget Amendment CAPITAL PROJECTS FUND ACCOUNT DESCRIPTION FY 2008 AMENDED BUDGET YTD ACTUAL BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET REVENUES: Infrastructure Maintenance Fee 66,000 $ $ 47,698 (18,302) $ 66,000 $ Landfill Use Fees 187,000 174,806 (12,194) 187,000 Interest Revenue 0 0 0 0 Capital Lease Interest Revenue 0 9,081 9,081 0 Capital Lease Proceeds 0 0 0 0 Op Transfer In from General Fd (1) 1,966,512 908,111 (1,058,401) (711,395) 1,255,117 Budgeted Fund Balance (2) 505,734 0 (505,734) 505,734 Sidewalk Replacement 0 47,011 47,011 0 TOTAL REVENUES 2,725,246 $ 1,186,707 $ (1,538,539) $ (711,395) $ 2,013,851 $ ACCOUNT DESCRIPTION FY 2008 AMENDED BUDGET YTD ACTUAL BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET EXPENDITURES: Public Safety: Fire Station Improvements $ 50,000 $ 19,071 $ 30,929 $ 50,000 New Vehicles 97,237 97,237 0 97,237 Vehicle Reserve 5,966 0 5,966 5,966 Police Record Mgmt Software 0 0 0 78,000 78,000 Motorola Radios 3,106 3,106 0 (3,106) 0 Furniture & Fixtures 17,443 6,903 10,540 17,443 Fire Record Mgmt Software 0 6,698 (6,698) 65,000 65,000 Public Works: Bridges & Dams Inspection/Inv 30,000 2,250 27,750 (30,000) 0 Stormwater Maint/NPDES 159,750 797 158,953 159,750 Pavement Management 988,541 18,240 970,301 (988,541) 0 Signs & Signals Maintenance 49,448 2,962 46,486 (49,448) 0 Birmingham @ Providence 280,800 0 280,800 (280,800) 0 Traffic Calming 35,000 0 35,000 35,000 Arnold Mill @ New Providence 268,500 0 268,500 (268,500) 0 Bridge RepairsLandrum Rd 350,000 0 350,000 (30,000) 320,000 Resurface & Patch Artials/Collectors 0 0 0 300,000 300,000 Resurface Local Roads 0 0 0 335,000 335,000 ReStriping 0 0 0 50,000 50,000 Gravel Roads Maintenance 0 0 0 201,000 201,000 Parks & Recreation: Parks Master Plan 30,000 0 30,000 (30,000) 0 Park Improvements 90,434 26,735 63,699 90,434 Land Acquisition 0 0 0 0 Community Development: Historic Preservation Ord 20,000 0 20,000 (20,000) 0 Tree Preservation Ordinance 10,000 0 10,000 (10,000) 0 Hwy 9 Design Guidelines 30,000 0 30,000 (30,000) 0 Comprehensive Plan 199,021 38,531 160,490 199,021 Unallocated 10,000 0 10,000 10,000 TOTAL EXPENDITURES $ 2,725,246 $ 222,529 $ 2,502,717 $ (711,395) $ 2,013,851 15 Fiscal Year 2008 Budget Amendment Capital Grant Fund The Capital Grant Fund is considered to be a capital project fund that accounts for capital grants used to finance major capital projects. As mentioned in the budget amendment notes for the Capital Projects Fund, there are two projects that are partially funded by federal grants that need to be transferred over to the Capital Grant Fund. CAPITAL GRANT FUND ACCOUNT DESCRIPTION FY 2008 AMENDED BUDGET YTD ACTUAL BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET REVENUES: Interest Revenues $ $ 981 981 $ $ Op Transfer In from General Fd 150,000 0 (150,000) 549,300 699,300 Budgeted Fund Balance 41,250 0 (41,250) 41,250 AED Units 11,250 0 (11,250) 11,250 Bathroom Renovation 17,500 0 (17,500) 17,500 Transportation Master Plan 400,000 0 (400,000) 400,000 TOTAL REVENUES 620,000 $ $ (620,000) $ 549,300 $ 1,169,300 $ ACCOUNT DESCRIPTION FY 2008 AMENDED BUDGET YTD ACTUAL BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET EXPENDITURES: Unallocated $ 50,000 $ $ 50,000 $ 50,000 Public Works: Transportation Master Plan 500,000 0 500,000 500,000 Birmingham @ Providence 0 0 280,800 280,800 280,800 Arnold Mill @ New Providence 0 0 268,500 268,500 268,500 Parks & Recreation: Bathroom Renovation 70,000 70,000 0 70,000 TOTAL EXPENDITURES $ 620,000 $ 70,000 $ 1,099,300 $ 549,300 $ 1,169,300 Budget Amendment Notes: REVENUES 549,300 $ 549,300 $ EXPENDITURES 280,800 $ 268,500 $ 549,300 $ 1.Operating Transfers In from General Fund Increase to transfer projects from Capital Projects Fund (see below) 2.Birmingham @ Providence Intersection Improvements Transfer from Capital Projects Fund 3.Arnold Mill @ New Providence Intersection Improvements Transfer from Capital Projects Fund 16 Fiscal Year 2008 Budget Amendment Operating Grant Fund The Operating Grant Fund is used to account for certain budgeted items that receive funding from individual grants and that aren’t classified as “capital”. These funds are appropriated on an annual basis. Currently, there are two grantfunded items: Crabapple Master Plan and SAFER. The City revised the interconnective roadway system as specified in the Crabapple Master Plan. The Department of Community Affairs awarded a local assistance grant in the amount of $15,250 to help with the cost of this project. The project is complete and a request is being submitted for the remainder of the funds. The second grant that the City has been awarded is the Department of Homeland Security’s Staffing for Adequate Fire and Emergency Response (SAFER) grant. This is a reimbursement type grant where requests are submitted quarterly for the salaries and benefits of three firefighters. This program started June 21, 2008 and an appropriated amount is only needed for one quarter. A budget amendment is requested to decrease the expected revenues and expenditures. OPERATING GRANT FUND ACCOUNT DESCRIPTION FY 2008 BUDGET YTD ACTUAL BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET REVENUES: Interest Revenues $ $ 68 68 $ $ Op Transfer In from General Fd 27,345 0 (27,345) (24,845) 2,500 Budgeted Fund Balance 15,250 0 (15,250) 15,250 SAFER Grant 115,455 0 (115,455) (92,955) 22,500 Crabapple Master Plan 3,750 0 (3,750) 3,750 TOTAL REVENUES $ 161,800 $ (161,800) $ (117,800) $ 44,000 $ ACCOUNT DESCRIPTION FY 2008 BUDGET YTD ACTUAL BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET EXPENDITURES: Public Safety: Salaries & Wages $ 142,800 $ $ 142,800 $ (117,800) $ 25,000 Community Development: Crabapple Master Plan 19,000 19,000 0 19,000 TOTAL EXPENDITURES $ 161,800 $ 19,000 $ 142,800 $ (117,800) $ 44,000 Budget Amendment Notes: REVENUES (24,845) $ (92,955) $ (117,800) $ EXPENDITURES (117,800) $ (117,800) $ SAFER grant project did not start until the end of June; therefore, funding is being decreased to reflect only one quarter instead of the entire year: Public Safety Salaries & Wages Operating Transfers In from General Fund SAFER Grant 17 Fiscal Year 2008 Budget Amendment Hotel/Motel Tax Fund The Hotel/Motel Tax Fund is used to account for the excise tax revenues collected from any hotel or motel located within the City limits. These revenues are required to be spent on tourismrelated programs or events. Since the City is expending these tax proceeds in another fund, transfers are made to the appropriate fund. With this in mind, the Finance Department has determined that the special events projects that are currently budgeted qualify as tourismrelated items and can be funded by the hotel/motel excise tax. Since the total budget for special events totaled $26,500, the remainder of the funds are to be used for the website and eblast expenses that are included within the CH2M Hill contract. HOTEL/MOTEL TAX FUND ACCOUNT DESCRIPTION FY 2008 BUDGET YTD ACTUAL BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET REVENUES: Hotel/Motel Taxes 52,000 $ $ 28,734 (23,266) $ 8,000 $ $ 60,000 TOTAL REVENUES 52,000 $ 28,734 $ (23,266) $ 8,000 $ $ 60,000 ACCOUNT DESCRIPTION FY 2008 BUDGET YTD ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET EXPENDITURES: Op Transfer Out to General Fd 52,000 35,796 16,204 (18,500) 33,500 Op Transfer Out to Special Ev Fd 0 0 26,500 26,500 TOTAL EXPENDITURES $ 52,000 $ 35,796 $ 16,204 $ 8,000 $ 60,000 Budget Amendment Notes: REVENUES Hotel/Motel Taxes Increase to match collection trend 8,000 $ 8,000 $ EXPENDITURES (18,500) $ 26,500 $ 8,000 $ on how to spend Hotel/Motel Taxes being booked in this fund 18 Fiscal Year 2008 Budget Amendment Special Events Fund This newly created fund accounts for the expense of the hotel/motel excise taxes mentioned above. It is also used to track the outflow related to the donations collected for the various special events the City currently has. SPECIAL EVENTS FUND ACCOUNT DESCRIPTION FY 2008 BUDGET YTD ACTUAL BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET REVENUES: Donations $ $ $ 13,000 $ $ 13,000 Op Transfer InHotel/Motel Tax Fd 0 0 0 26,500 26,500 TOTAL REVENUES $ $ $ 39,500 $ $ 39,500 ACCOUNT DESCRIPTION FY 2008 BUDGET YTD ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET EXPENDITURES: Professional Fees $ 7,432 $ (7,432) $ 12,500 $ 12,500 Rental Equip & Vehicle 0 2,240 (2,240) 5,000 5,000 Advertising 0 1,942 (1,942) 3,000 3,000 Printing 0 1,318 (1,318) 4,000 4,000 General Supplies 0 1,929 (1,929) 7,000 7,000 Food/Meals 0 13 (13) 5,000 5,000 Machinery & Equip 0 0 0 3,000 3,000 TOTAL EXPENDITURES $ $ 14,873 $ (14,873) $ 39,500 $ 39,500 Budget Amendment Notes: REVENUES 13,000 $ 26,500 $ 39,500 $ EXPENDITURES 26,500 $ 13,000 $ 39,500 $ donations collected Increase all expenditures to transfer the Special Events budget from the General Fund Op Transfer InHotel/Motel Tax Fund Increase to account for transfers from the Hotel/Motel Tax Fund Donations Increase to account for Milton Roundup donations 19 Fiscal Year 2008 Budget Amendment Summary of All Funds General Fund FY 2008 Budget Amended Budget Actual Budget Balance Budget Amendment #2 Final Budget Revenues $ 17,784,585 $ 18,154,187 $ 11,970,224 (6,183,963) $ 4,478,173 $ 22,632,360 $ Expenditures Mayor & Council 396,330 688,178 540,229 147,949 (20,258) 667,920 City Clerk 485,602 586,991 522,289 64,702 0 586,991 City Manager 365,784 424,676 352,687 71,989 (26,500) 398,176 Program Manager 309,440 0 0 0 0 0 Finance 751,832 922,527 782,055 140,472 (57,631) 864,896 Legal 180,000 180,000 190,757 (10,757) 120,000 300,000 IT 1,401,641 690,350 632,624 57,726 0 690,350 Human Resources 118,741 358,149 325,414 32,735 0 358,149 Risk Management 236,030 236,030 153,917 82,113 0 236,030 Public Information 82,360 180,199 164,726 15,473 0 180,199 Municipal Court 434,805 606,570 489,330 117,240 0 606,570 Public Safety: Administration 1,584,423 1,598,422 1,336,203 262,219 13,655 1,612,077 Police 1,458,613 1,566,556 1,230,084 336,472 (54,894) 1,511,662 Fire 3,407,852 3,274,002 2,505,062 768,940 (51,337) 3,222,665 EMS Operations 0 33,063 0 33,063 0 33,063 Public Works 1,753,254 1,741,731 1,528,036 213,695 135,484 1,877,215 Parks & Recreation 418,063 163,649 143,455 20,194 3,000 166,649 Community Development 1,273,886 1,423,829 1,302,322 121,507 0 1,423,829 Debt Service 861,822 857,728 835,334 22,394 0 857,728 Other Financing Uses 2,264,107 2,621,537 908,111 1,713,426 4,416,654 7,038,191 Total Expenditures 17,784,585 18,154,187 13,942,636 4,211,551 4,478,173 22,632,360 Total Revenues Over (Under) Expenditures 0 0 (1,972,412) (1,972,412) 0 0 Operating Grant Fund FY 2008 Budget Actual Budget Balance Budget Adjustment Final Budget Revenues 161,800 0 (161,800) (117,800) 44,000 Expenditures 161,800 19,000 142,800 (117,800) 44,000 Total Revenues Over (Under) Expenditures 0 (19,000) (19,000) 0 0 20 Fiscal Year 2008 Budget Amendment Special Events Fund FY 2008 Budget Actual Budget Balance Budget Adjustment Final Budget Revenues 0 0 0 39,500 39,500 Expenditures 0 14,873 (14,873) 39,500 39,500 Total Revenues Over (Under) Expenditures 0 (14,873) (14,873) 0 0 Hotel/Motel Tax Fund FY 2008 Budget Actual Budget Balance Budget Adjustment Final Budget Revenues 52,000 28,734 (23,266) 8,000 60,000 Expenditures 52,000 35,796 16,204 8,000 60,000 Total Revenues Over (Under) Expenditures 0 (7,062) (7,062) 0 0 Capital Projects Fund FY 2008 Budget Amended Budget Actual Budget Balance Budget Amendment #2 Final Budget Revenues 2,315,496 2,725,246 1,186,707 (1,538,539) (711,395) 2,013,851 Expenditures 2,315,496 2,725,246 222,529 2,502,717 (711,395) 2,013,851 Total Revenues Over (Under) Expenditures 0 0 964,178 964,178 0 0 Capital Grant Fund FY 2008 Budget Amended Budget Actual Budget Balance Budget Amendment #2 Final Budget Revenues 988,892 620,000 0 (620,000) 549,300 1,169,300 Expenditures 988,892 620,000 70,000 1,099,300 549,300 1,169,300 Total Revenues Over (Under) Expenditures 0 0 (70,000) 479,300 0 0 21 City of Milton 13000 Deerfield Parkway Suite 107G Milton, GA 30004 Interim Budget Document September 3, 2008 To the Honorable Mayor, City Council and the Citizens of Milton: In accordance with State of Georgia laws and Ordinances enacted the City of Milton, Georgia, we are pleased to present the City of Milton’s Annual Budget for fiscal year 2009. An objective of the City’s budget is to provide a management tool by which our local government can unite its budgeting efforts to provide quality services while operating within available resources. This process results in an updating of the City’s on-going financial plan and provides a vehicle by which management decisions can be made as a result of the formulation and analysis of the respective data. BUDGET PROCESS AND OVERVIEW The fiscal year 2009 budget process began in June with distribution of historical data and forms to all the department directors. Each department formulated budgets in three major areas; maintenance & operating, operating initiatives, and capital project requests. Concurrent with departmental budgeting, finance staff completed the first draft of a salary/benefits budget as well as formulated initial revenue estimates. In early August, each department director met with the City Manager to review their budget requests and goal and objectives. Each request was evaluated by the City Manager and the Finance Manager according to the priority specified by the department director and available funding. This first draft is being presented to you tonight for consideration. We will hold a budget workshop during the regularly schedule meeting on September 8, 2008 to initially discuss all of the requests in more detail, if necessary. The final document will be presented for approval on September 15, 2008. As required by Georgia law and Council, citizen input will be solicited during the process of adopting the budget through publicly advertised meetings. The legally required public hearings on the budget will be held on September 3, 2008, with the first reading of the ordinance and the second ordinance reading and final adoption occurring on September 15, 2008. As established by the City of Milton Charter, the millage rate used in establishing the balanced budget for fiscal year 2009 is 4.731 mills. KEY BUDGET FACTORS, ISSUES, AND PRIORITIES The foundation for the fiscal year 2008 budget is based on four key financial factors. • Sustainability of existing services • Enhancement to services through operating initiatives • Continued contribution to operating reserves • Maintaining the quality of life for constituents, citizens, and businesses through capital programming Sustainability of Existing Services and Enhancements through Operating Initiatives The fiscal year 2009 balanced budget is based on a millage rate of 4.731 mills, which is the same millage rate applied in fiscal year 2008. This budget provides financial resources for the City of Milton to sustain the current levels of service and includes areas of improved service via operating initiatives. In appropriating the resources to sustain existing services, the following are the top five revenue and expenditure sources: Representing 87.7% of total general fund revenue, the top five areas of general fund revenue are as follows: Property Tax Revenue 42.4% $9,703,991 SSD Funds 18.3% $4,176,896 Local Option Sales Tax 17.5% $4,007,230 Franchise Fees 6.1% $1,400,000 Insurance Premium Tax 3.4% $ 773,200 Representing 76.5% of total general fund expenditures, the top five general fund expenditures by department are: Public Safety 28.9% $6,615,558 Other Financing Uses 22.5% $5,147,673 Public W orks 12.8% $2,935,960 General Administration 10.8% $2,478,177 Community Development 7.9% $1,810,910 The top five expenditures by category are as follows: Contracted Service with CH2M Hill 33.3% $7,609,108 City Position Salary Costs 25.0% $5,713,837 Funding for Capital Projects 17.2% $3,931,896 Professional Fees 3.8% $ 866,068 Other Purchased Service 3.4% $ 772,855 Salary and Benefits Detail The salary and benefit budget is based upon approved positions and the associated benefit program costs. For fiscal year 2009, direct City costs for salaries/benefits is $5,713,837, with $4,171,588 appropriated for salaries and $1,542,249 for benefits, making benefit costs 27% of the total salaries/benefit budget. The total City salary/benefits budget is 25% of the total operating expenditures. The budgeted components of salaries and benefits are as follows: Regular Salaries -$4,171,588 Overtime -$136,000 Holiday Pay -$155,473 FICA – $212,258 Pension -$179,821 Match to Deferred Compensation -$39,937 Group Insurance -$576,964 State Unemployment Insurance -$24,611 Workers’ Compensation -$100,845 Tuition Reimbursement -$46,000 Flexible Spending -$24,300 Other Benefits -$38,040 These costs represent the following positions paid by the City: Mayor & Council 1 Full-time; 7 Part-time positions City Manager 1 Full-time position Assistant City Manager 1 Full-time position City Clerk & Municipal Court 1 Full-time position; 3 Part-time Positions Public Safety 82 Full-time positions 2 Budget Summary by Department Mayor and City Council The fiscal year 2009 budget appropriation for the Mayor and Council is $399,314. This department is comprised of a Mayor, six council members, and an Executive Aide to the Mayor and Council. Salaries of all of the positions in the Mayor/Council Department are set by City Charter. Each elected official receives an annual stipend for expenditure reimbursement. For fiscal year 2009, the Mayor’s stipend is $3,720 and each council member receives a stipend of $2,720 each. The stipends were increased by $720 this fiscal year for the intended purpose of permitting the acquisition of an aircard. City Manager The fiscal year 2009 budget appropriation for the City Manager’s Department is $338,764. The City Manager is responsible for the overall management of all city functions and operations. The City Manager’s Department is comprised of the following employees: • City Manager • Assistant City Manager The City Manager is a position established by the Charter. The Assistant City Manager will also serve as the City Treasurer as established in the Charter. City Clerk The fiscal year 2009 budget appropriation for the City Clerk’s Department is $696,493. The Clerk is responsible for the compilation and publication of all council agendas. The City Clerk is holder of all City records, therefore is responsible for the records management program. The City Clerk’s Department is comprised of the following employees: • City Clerk • Deputy City Clerk • Records Clerk • Administrative Assistant The City Clerk is a position established by the Charter. The remaining employees are employed by CH2M Hill. The Clerk’s budget in fiscal year 2009 includes one initiative; purchase and installation of webcasting system for the council meetings and court sessions. Operations The total appropriation for the Operations Department for fiscal year 2009 is $2,478,177. This department is responsible for financial management, grants program, human resources management, and all internal and external communication activities, including media relations, website management and public interaction activities. The Operations Department is comprised of the following employees: • Finance Manager • Accountant • Budget/Procurement Coordinator • Disbursements Coordinator (payroll and accounts payable) • Revenue Specialist • Revenue Technician • Human Resources Manager • Communications Manager 3 The legal service budget is also appropriated in this department and is included in the total budgeted amount listed above. Legal services are provided to the City through a contractual relationship with Jarrard and Davis, LLP. The budget for legal services and consultation is $250,000. The General Administration budget includes one initiative: provide quarterly training for staff. Information Technology The fiscal year 2009 budget appropriation for the Information Technology Department is $973,302. IT is responsible for all technology and geographical information services and is comprised of three CH2M Hill employees: IT Manager, IT Technician and GIS Technician. It includes three initiatives: • Purchase of 2008 Pictometry oblique aerial data • Purchase of 2009 Aerial Photography for GIS • High-speed data connection to Firestation #43 and to the Alpharetta Dispatch Center Municipal Court The fiscal year 2009 budget appropriation for Municipal Court is $530,763. The court staff is responsible for the operation of the City’s municipal court system, scheduling, processing, and tracking all violations issued by public safety and code enforcement personnel. The Court Department is comprised of the following employees: • Court Clerk (also serving as the City Clerk) • Municipal Judge and Substitute Judge • City Solicitor • Deputy Court Clerk • One full-time Court Clerk The Municipal Judge, Solicitor and Court Clerk are positions established by the Charter. The remaining employees are employed by CH2M Hill. Public Safety Department The fiscal year 2009 budget appropriation for the Public Safety Department is $6,6,15,558. Public safety is responsible for all police, fire, and emergency management functions. The Public Safety Department is comprised of the following employees, all of whom are direct employees of the City: • Public Safety Director • Deputy Fire Chief • Deputy Police Chief • Administrative Assistant • Records Clerk • Four Police Patrol Lieutenants • One Police Detective Lieutenants • Two Generalist Detectives • One Narcotics Detective • Four Police Sergeants • Thirteen Police Officers • One Part-time School Crossing Guard • Three Fire Captains • One Safety & Training Fire Captain • Twelve Fire Lieutenants • 15 Fire Apparatus Operators 4 • Nineteen Firefighters Operating initiatives included in the public safety budget include: • Three Police Officers • Four Police Officers promoted to Sergeant • One Generalist Detective • One Narcotics Detective • Fifteen Firefighters promoted to Fire Apparatus Operators • One Records Clerk • Self-contained breathing apparatus back-up system • Advanced life support equipment • Turn-out gear purchasing/replacement program • Purchase of eight patrol rifles • Implementation of City Hall security program The intergovernmental agreement with Fulton County to provide emergency 911 dispatch services for the City of Milton will expire on September 30, 2008. A new agreement has been signed with the City of Alpharetta to provide this service. The fees for this agreement will be covered by the 911 surcharge revenue. A 911 Fund will be created to account for the revenues and expenditures associated with this source as required by law. Community Services – Public W orks The fiscal year 2009 budget appropriation for public works is $2,935,960. Public Works is responsible for transportation and road repair and maintenance activities. The public works division of the Community Services Department is comprised of the following employees: • Director of Public W orks • Public Works Citizen Responder • Transportation Engineer • Field Services Manager • Field Services Technician The operating initiatives in the Public W orks department include: • NPDES Education and Outreach • Streamside cleanup and stormdrain markers • Inventor y and Inspection of stormwater assets • Outfall screening and water quality • NPDES Program management • Sending an annual report to EPD • Research Title and ROW widths for all gravel roads and other roads as necessary • Priority maintenance and large pothole repairs • Floodplain mapping • Additional snow and ice control • Installation of new traffic signs • Pursuit of two grants for the Milton Trail • Increase level of mowing from three to five times per year • Proactive dead tree removal program • Addition of gravel roads mowing and trimming • Submitting speed zoning requests to the State Community Services – Recreation and Parks Recreation and Parks is responsible for repair and maintenance of the City’s parks. These activities are currently accomplished with the sharing of the public works field personnel. The 5 total appropriation budget for Recreation and Parks is $203,521. The operating initiatives included in the budget are: • Hiring a part-time Parks & Recreation Coordinator • Creating a parks maintenance fund • Installation of a well at Bell Memorial Park • Erosion control at Bell Memorial Park Community Development The fiscal year 2009 budget appropriation for the Community Development Department is $1,810,918. Community Development is responsible for all planning and zoning activities, as well as inspections and code enforcement. The Community Development Department is comprised of the following employees: • Director of Community Development • Three Planners • Environment Engineer/Arborist • Two Construction/Plans Review Inspectors • Code Enforcement Officer • Administrative Assistant • Building Official • Building Plans Reviewer • Two Building Inspectors • Permit Technician Other Budgeted Expenditures – Non-departmental Included in the expenditure appropriations are the following: The first of five annual lease payments associated with the purchase of equipment, vehicles, and fire apparatus in the amount of $709,395. The remainder of the 2008 TAN Interest payment in the amount of $33,600. As required in the adopted Budgetary Policies of the City, a 1% contingency has been appropriated. This totals $169,738 for FY 2009. An interfund transfer of $3,931,896 out of the General Fund and into the Capital Project Fund in order to pay for the recommended capital projects for fiscal year 2009. This is funded by the Special Service District Funds that were collected by Fulton County during FY 2008. An interfund transfer of $293,940 out of the General Fund and into the Capital Grant Fund in order to fund the match for the transportation master plan and the intersection improvements at Birmingham @ Providence and Arnold Mill @ New Providence. An interfund transfer of $21,010 out of the General Fund and into the Operating Grant Fund in order to fund the match for the SAFER grant personnel. An interfund transfer of $73,845 out of the General Fund and into the newly created Confiscated Assets Fund for the Narcotics Detective that has been requested. A total of $258,165 has been appropriated in the event that the Home Owners Tax Relief Grant is not funded by the State of Georgia. If it is funded, then we have specified these projects to be implemented: • First year lease payment for a new Fire Tanker-Pumper truck – approval of this must also be made with the knowledge that a lease commitment of five years will need to also be funded • Three additional police officers 6 • Fitness stipend for City employees Contribution to Reserves The City’s Financial Management Plan budget policy requires an operating reserve equal to two months expenditures which is approximately 16%. These funds are set aside as a reserve in case of economic downfall or catastrophic emergency, as well as a float for cash flow purposes. A final contribution of $398,989 has been appropriated in the FY 2009 budget that will fully fund the operating reserves at the previously required level. Maintaining the Quality of Life for Constituents, Businesses, and Citizens through Capital Programming The City’s capital improvement program has the most visible and long-term effect on the quality of life for residential and commercial citizens and Milton’s visitors. As part of the capital planning process for fiscal year 2009, first priority was given to projects that would 1) maintain or repair the City’s current assets, 2) alleviate or mitigate a health/safety hazard, and 3) provide external funding toward a capital project. Secondary priority for funding considerations were projects that included long-term visioning and planning for the City of Milton. The appropriation for the fiscal year 2009 capital program is $6,065,740 and is listed in detail below by department: • Mayor & Council o City Hall Council Chambers/Courtroom Improvements o Council Chambers Audio/Visual System Upgrade • Public Safety o Air and Light Cascade System o Continued Fire Station Renovation and Repair o New Firehouse Software for Managing Records o New Police Software for Managing Records o Continue to reserve funds for apparatus & vehicle replacement o New vehicles for three additional officers • Public Works o Continue to fund the resurfacing and patching of the City’s infrastructure o Hire construction inspectors for construction projects o Continue to fund the re-striping of roads o Edge of pavement program o Continue to fund traffic calming measures o Repair major stormwater structures, as needed o Establishment of bridge repair/replacement program o Develop new sidewalk program o Continue gravel roads major work • Parks & Recreation o Stormwater management at Bell Memorial Park o Pave the parking lot at Bell Memorial Park o Create a parking lot at Birmingham Park o Minor passive recreation improvements at Birmingham Park o Land acquisition and park enhancement • Community Development o Arnold Mill Corridor Study 7 BUDGET POLICY Annual budgets are adopted on a basis consistent with accounting practices as defined by generally accepted accounting principles for all funds. All annual appropriations lapse at year end except capital project and grant funds, which adopt project-length budgets. CLOSING It is my privilege to submit the FY 2009 Proposed Budget to Milton’s Mayor, City Council and Citizens. This budget illustrates the City’s dedication to providing the highest level of services while maintaining sound fiscal policies. W e look forward to the discussing this document as well as the level of services outlined in this proposed budget. Respectfully Submitted, Billy P. Beckett City Manager 8 General Fund FY 2007 Actuals FY 2008 Amended Budget FY 2009 Budget Requests 13,749,418 328,484 - 166,435 182,207 84,071 1,461 2,735 40,966 17,076,919 391,389 4,176,896 284,893 464,000 130,000 13,196 61,567 33,500 17,546,475 313,070 - 271,557 457,636 54,000 - 38,802 4,191,896 Revenues Taxes Licenses & Permits Intergovernmental Revenues Charges for Services Fines & Forfeitures Investment Income Contributions & Donations Miscellaneous Revenue Other Financing Sources Total Revenues 14,555,776 22,632,360 22,873,436 261,849 164,613 386,375 1,822,062 1,005,158 332,251 660,281 1,764,214 2,966,767 - 1,657,098 14,329 940,643 142,690 390,000 667,920 586,991 398,176 1,939,274 690,350 606,570 1,608,327 1,511,662 3,226,415 33,063 1,877,215 166,649 1,423,829 857,728 7,038,191 399,314 696,493 338,764 2,478,177 973,302 530,763 1,050,376 1,833,508 3,599,424 132,250 2,935,960 203,521 1,810,918 742,995 5,147,673 Expenditures Mayor & Council City Clerk City Manager General Administration IT Municipal Court Public Safety: Administration Police Fire EMS Operations Public W orks Parks & Recreation Community Development Debt Service Other Financing Sources/(Uses) Total Expenditures 12,508,330 22,632,360 22,873,436 Total Revenues Over (Under) Expenditures 2,047,446 -(0) 9 CITY OF MILTON REQUESTED BUDGET FY 2009 CAPITAL PROJECTS FUND FY 2009 FY 2008 ACCOUNT REQUESTED Y-T-D BUDGET DESCRIPTION BUDGET BUDGET REVENUES: ACTUAL BALANCE Infrastructure Maintenance Fee $ 66,000 $ 35,912 $ (30,088) $ 60,000 Landfill Use Fees 187,000 182,526 (4,474) 190,000 Interest Revenue 0 9,081 9,081 5,000 Capital Lease Interest Revenue 0 0 0 0 Capital Lease Proceeds 0 0 0 0 Op Transfer In from General Fd (1) 1,255,117 908,111 (347,006) 3,931,896 Budgeted Fund Balance 505,734 0 (505,734) 1,808,286 Sidewalk Replacement 0 47,011 47,011 70,558 TOTAL REVENUES $ 2,013,851 $ 1,182,641 $ (831,210) $ 6,065,740 FY 2009 FY 2008 ACCOUNT REQUESTED Y-T-D BUDGET DESCRIPTION BUDGET BUDGET EXPENDITURES: City Council: ACTUAL BALANCE Council Chambers Improvements $ $$$ 124,896 Council Chambers Audio/Visual Upgrade $ $$$ 80,000 Public Safety: Fire Station Improvements $ 50,000 $ 19,071 $ 30,929 $ 40,929 Machinery 0 0 0 0 Vehicles 0 0 0 0 New Vehicles 97,237 97,237 0 42,220 Vehicle Reserve 5,966 0 5,966 55,966 Fire Apparatus 0 0 0 0 Police Record Mgm t Software 78,000 0 78,000 200,000 Motorola Radios 0 0 0 0 Environmental Study 0 0 0 0 Furniture & Fixtures 17,443 6,903 10,540 10,540 Fire Record Mgmt Software 65,000 6,698 58,302 63,302 Fire Stations 0 0 0 0 Air & Light Cascase System 0 0 0 90,000 Public Works: Stormwater Maint/NPDES (2) 159,750 797 158,953 223,953 Traffic Calming 35,000 0 35,000 70,000 Bridge Repairs-Landrum Rd (4) 320,000 0 320,000 320,000 Resurface & Patch 300,000 0 300,000 1,000,000 Artials/Collectors Resurface Local Roads 335,000 0 335,000 1,035,000 Re-Striping 50,000 0 50,000 120,000 Gravel Roads Maintenance 201,000 0 201,000 376,000 Construction Inspectors 0 0 0 75,000 Edge of Pavement Program 0 0 0 50,000 Bridge Replacem ent Program 0 0 0 50,000 Sidewalks 0 0 0 100,000 Parks & Recreation: Park Improvements 90,434 26,735 63,699 298,699 Land Acquisition 0 0 0 1,313,338 Stormwater Mgmt at Park 0 0 0 15,000 Community Development: Comprehensive Plan 199,021 38,124 160,897 160,897 Arnold Mill Corridor Study 0 0 0 150,000 Unallocated 10,000 0 10,000 TOTAL EXPENDITURES $ 2,013,851 $ 195,565 $ 1,818,286 $ 6,065,740 10 CITY OF MILTON REQUESTED BUDGET FY 2009 CAPITAL GRANT FUND BUDGET Y-T-D ACTUAL BUDGET BALANCE REVENUES: Op Transfer In from General Fd $ 699,300 $ -$ (699,300) 293,940 $ Budgeted Fund Balance 41,250 0 (41,250) 649,300 Assistance to Firefighter (1) 0 0 0 AED Units 11,250 0 (11,250) Firemans Fund Grant 0 0 0 Safe Routes Grant (2) 0 0 0 GDOT HPP Funds 0 0 0 560,000 Bathroom Renovation 17,500 0 (17,500) Transportation Master Plan (3) 400,000 0 (400,000) 400,000 TOTAL REVENUES $ 1,169,300 $ -$ (1,169,300) 1,903,240 $ BUDGET Y-T-D ACTUAL BUDGET BALANCE EXPENDITURES: Unallocated $ 50,000 $ -$ 50,000 Public Safety: Assistance to FF (Cascade) (1) 0 0 0 AED Units 0 0 Firemans Fund Grant 0 0 0 Public Works: Safe Routes (2) 0 0 0 Transportation Master Plan 500,000 0 500,000 500,000 Birmingham & Providence 280,800 0 280,800 809,490 Arnold Mill @ New Providence 268,500 0 268,500 593,750 Parks & Recreation: Bathroom Renovation 70,000 70,000 0 TOTAL EXPENDITURES $ 1,169,300 $ 70,000 $ 1,099,300 $ 1,903,240 ACCOUNT DESCRIPTION FY 2008 FY 2009 REQUESTED BUDGET FY 2009 REQUESTED BUDGET ACCOUNT DESCRIPTION FY 2008 11 CITY OF MILTON REQUESTED BUDGET FY 2009 HOTEL/MOTEL TAX FUND ACCOUNT DESCRIPTION FY 2008 FY 2009 REQUESTED BUDGET BUDGET Y-T-D ACTUAL BUDGET BALANCE REVENUES: Hotel/Motel Taxes $ 60,000 $ 44,879 $ (15,121) 55,000 $ Interest Earned $ -$ 166 $ 166 TOTAL REVENUES $ 60,000 $ 45,045 $ (14,955) 55,000 $ ACCOUNT DESCRIPTION FY 2008 FY 2009 REQUESTED BUDGET AMENDED BUDGET Y-T-D ACTUAL BUDGET BALANCE EXPENDITURES: Op Transfer Out to General Fd 33,500 35,796 (2,296) 15,000 Op Transfer Out to Special Ev Fd 26,500 0 26,500 40,000 TOTAL EXPENDITURES $ 60,000 $ 35,796 $ 24,204 $ 55,000 CITY OF MILTON FY08 BUDGET VS ACTUAL AS OF 08/20/08 SPECIAL EVENTS FUND ACCOUNT DESCRIPTION FY 2008 FY 2009 BUDGET REQUESTS BUDGET Y-T-D ACTUAL BUDGET BALANCE REVENUES: Donations $ 13,000 $ -$ (13,000) Op Transfer In-Hotel/Motel Tax Fd 26,500 0 (26,500) 40,000 TOTAL REVENUES $ 39,500 -$ $ (39,500) 40,000 $ ACCOUNT DESCRIPTION FY 2008 FY 2009 BUDGET REQUESTS BUDGET Y-T-D ACTUAL/ ENCUMBERED BUDGET BALANCE EXPENDITURES: Professional Fees $ 12,500 7,432 $ 5,068 $ 10,500 Rental Equip & Vehicle 5,000 2,240 2,760 6,500 Advertising 3,000 1,942 1,058 5,100 Printing 4,000 1,318 2,682 4,700 General Supplies 7,000 1,929 5,071 6,000 Food/Meals 5,000 13 4,987 4,200 Machinery & Equip 3,000 0 3,000 3,000 TOTAL EXPENDITURES $ 39,500 $ 14,873 $ 24,627 $ 40,000 12 CITY OF MILTON REQUESTED BUDGET FY 2009 OPERATING GRANT FUND BUDGET Y-T-D ACTUAL BUDGET BALANCE REVENUES: Interest Revenues -$ $ 68 68 $ -$ Op Transfer In from General Fd 2,500 0 (2,500) 21,010 Budgeted Fund Balance 15,250 0 (15,250) 0 SAFER Grant 22,500 0 (22,500) 147,047 Crabapple Master Plan 3,750 0 (3,750) 0 TOTAL REVENUES 44,000 $ 68 $ (43,932) $ 168,057 $ BUDGET Y-T-D ACTUAL BUDGET BALANCE EXPENDITURES: Public Safety: Salaries & W ages $ 25,000 $ -$ 25,000 $ 168,057 Community Development: Crabapple Master Plan 19,000 19,000 0 0 TOTAL EXPENDITURES $ 44,000 $ 19,000 $ 25,000 $ 168,057 ACCOUNT DESCRIPTION FY 2008 FY 2009 BUDGET REQUESTS ACCOUNT DESCRIPTION FY 2009 BUDGET REQUESTS FY 2008 13 CITY OF MILTON FY08 BUDGET VS ACTUAL AS OF 08/20/08 CONFISCATED ASSETS FUND ACCOUNT DESCRIPTION FY 2008 FY 2009 BUDGET REQUESTS BUDGET Y-T-D ACTUAL BUDGET BALANCE REVENUES: Op Transfers In from General Fund 73,845 TOTAL REVENUES -$ -$ -$ 73,845 $ ACCOUNT DESCRIPTION FY 2008 FY 2009 BUDGET REQUESTS BUDGET Y-T-D ACTUAL/ ENCUMBERED BUDGET BALANCE EXPENDITURES: Salaries $ 43,803 Holiday 2,527 Group Insurance 7,004 401A SS Match 1,643 FICA Medicare 611 401A 1% Match 438 Pension 1,989 Tuition Reimbursement 0 Unemployment Insurance 230 Worker's Comp 1,400 Flexible Spending 300 Professional Fees 0 Communications 3,500 Travel 500 Dues & Fees 0 Education & Training 500 General Supplies 500 Uniforms 500 Vehicles 8,400 TOTAL EXPENDITURES $ -$ -$ -$ 73,845 14 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT THE FISCAL 2009 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA APPROPRIATING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, ADOPTING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE WHEREAS, the City Manager of the City of Milton has presented a proposed fiscal year 2009 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budgets is a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the fiscal year 2009 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s fiscal year 2009 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. _________________________ _________________________ _________________________ _______________________________ ADOPTED AND APPROVED this _____ day of _______________ . CITY OF MILTON, GEORGIA By: ________________________ Councilmember Karen Thurman Councilmember Julie Zahner Bailey Councilmember Bill Lusk (SEAL) Attest: Jeanette Marchiafava, City Clerk Mayor Joe Lockwood ________________________ Councilmember Tina D’Aversa ________________________ Councilmember Burt Hewitt ________________________ Councilmember Alan Tart STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. ______ A RESOLUTION APPOINTING AN ADVISORY COMMITTEE FOR THE SOLID WASTE MANAGEMENT PLAN (TARA COMMITTEE) BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the _____ day of ________, 2008 at 6:00 p.m. as follows: SECTION 1. An eleven-member committee shall be formed to provide input and recommendations to the City of Milton in development of its first Solid Waste Management Plan, as required by the regulations of the Department of Community Affairs; such committee shall be referred to as the Trash and Recycling Advisory Committee or “the TARA Committee”; and SECTION 2. That (To Be Determined) (Mayor’s At-Large Member), (To Be Determined) (District 1), (To Be Determined) (District 2), (To Be Determined) (District 3), (To Be Determined) (District 4), Julie L. Pinckney (District 5), (To Be Determined) (District 6), Jim Lozen, Waste Management, Brian Warren, Custom Disposal, Charles Slade, Community Waste Services, and Cindy Eade, Keep North Fulton Beautiful are hereby appointed to this committee for a term commencing September 3, 2008 and ending on July 31, 2009; and SECTION 3. When the participation group first convenes, the members will elect one of its members to serve as Chairperson and Vice Chairperson, and may adopt by- laws for the conduct of business for the stated purpose in Section 1. SECTION 4. That this Resolution shall become effective upon its adoption. RESOLVED this ______ day of September 2008. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk