HomeMy WebLinkAbout03-02-09 PacketPage 1 of 4
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.
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Tina D’Aversa
Alan Tart
Monday, March 2, 2009 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Reverend Patrick Abent, Inner Quest Church
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
(Agenda Item No. 09-806)
4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
5) PUBLIC COMMENT
6) CONSENT AGENDA
(Agenda Item No. 09-807)
1. Approval of the February 9, 2009 Work Session Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 09-808)
2. Approval of the February 18, 2009 Regular Meeting Minutes.
(Jeanette Marchiafava, City Clerk and Clerk of the Court)
(Agenda Item No. 09-809)
3. Approval of a contract with Mauldin & Jenkins, LLC to audit the City’s financial
statements and perform a single audit for the fiscal year ending September 30, 2008.
(Stacey Inglis, Finance Manager)
MILTON CITY COUNCIL REGULAR MEETING AGENDA MARCH 2, 2009 – 6:00 PM
Page 2 of 4
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.
(Agenda Item No. 09-810)
4. Approval for the Police Department to enter a multi-year contract with Command
Uniforms to provide necessary equipment for uniformed police operations.
(ML Marietta, Planning and Emergency Management Coordinator)
(Agenda Item No. 09-811)
5. Approval of the Financial Statements for the period ending January 2009.
(Stacey Inglis, Finance Manager)
(Agenda Item No. 09-812)
6. Termination BRPH, Inc. contract.
(Ken Jarrard, City Attorney, and Alice Wakefield, Community Development Director)
7) REPORTS AND PRESENTATIONS
1. Update on the performance measurement program.
(Presented by Bob Munroe and Myna Crisp, CH2MHILL)
8) PUBLIC HEARING
ALCOHOL BEVERAGE LICENSE APPLICATION
(Agenda Item No. 09-820)
1. Approval of Alcohol Beverage License to Celtic Rising, LLC d/b/a Olde Blind Dog,
12650 Crabapple Rd, Milton, Georgia. The applicant is Jose Creamer for Consumption
on Premises – Wine/Malt Beverage/Distilled Spirits.
(Presented by Stacey Inglis, Finance Manager)
9) FIRST PRESENTATION
(Agenda Item No. 09-813)
1. U09-01 / VC09-01, 13120 Arnold Mill Road, by Frank Schaffer, The Landscape Group,
Inc. - To obtain a use permit for a landscaping business on 1.74 acres at a density of
3,908.04 square feet per acre (Article 19.4.27). Applicant is also requesting 3-part
concurrent variance:
1) To delete the 50’ buffer and 10’ improvement setback along the west property line
from the right-of-way for a distance of 140’ (12H.3.1 Section C.1).
2) To delete the 50’ buffer and 10’ improvement setback along the east property line
from the right-of-way for a distance of 140’ (12H.3.1 Section C.1).
3) To allow a sign located less than 10’ from the right-of-way (Article 33 Section 21.C).
(Presented by Alice Wakefield, Community Development Director)
10) ZONING AGENDA (None)
MILTON CITY COUNCIL REGULAR MEETING AGENDA MARCH 2, 2009 – 6:00 PM
Page 3 of 4
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.
11) UNFINISHED BUSINESS
(Agenda Item No. 09-798)
1. Approval of a Resolution Amending Resolution No. 09-02-77, A Resolution to Create a
Committee to Serve as the Highway 9 Design Guideline Committee for Potential
Revision to the Highway 9 Overlay District of the City of Milton Zoning Ordinance by
appointing committee members.
(This item was deferred on February 18, 2009.)
(Presented by Alice Wakefield, Community Development Director)
(Agenda Item No. 09-799)
2. Approval of a Resolution Amending Resolution No. 09-02-78, A Resolution to Create a
Committee to Serve as the Historic Preservation Committee for Development of a
Historic Preservation Ordinance for the City of Milton by appointing committee
members.
(This item was deferred on February 18, 2009.)
(Presented by Alice Wakefield, Community Development Director)
(Agenda Item No. 09-814)
3. Approval of a Resolution Amending Resolution No. 09-02-82, A Resolution to Create a
Citizen Advisory Committee for City of Milton Concept Plans for the Intersections of
Birmingham at Providence and Arnold Mill at New Providence by appointing committee
members.
(Presented by Dan Drake, Public Works Director)
12) NEW BUSINESS
(Agenda Item No. 09-815)
1. Approval for the Public Safety Department to join the several municipalities and the State
of Georgia in a grant application request to purchase field-reporting hardware for Pre-
Hospital Emergency Medical Service operations
(Presented by ML Marietta, Planning and Emergency Management Coordinator)
(Agenda Item No. 09-816)
2. Approval of a grievance form for ADA Disability Complaint Resolution.
(Presented by Marie B. Latta, ADA Coordinator)
(Agenda Item No. 09-817)
3. Approval of Street Light Acceptance Agreement.
(Dan Drake, Public Works Director)
(Agenda Item No. 09-818)
4. Approval of Task Orders and Change Orders:
1. Gravel Roads Reconstruction Change Order #2 with Blount Construction
Company, Inc. with a total credit of $29,958.00;
2. Gravel Roads Reconstruction Change Order #3 with Blount Construction
Company, Inc. with a total credit of $17,210.93;
MILTON CITY COUNCIL REGULAR MEETING AGENDA MARCH 2, 2009 – 6:00 PM
Page 4 of 4
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.
3. Task Order 09-KHA-04 from Kimley-Horn & Associates, Inc. (United
Consulting) for additional gravel road testing with a total cost of $9,492.21;
4. Task Order 09-KHA-05 from Kimley-Horn & Associates, Inc. (KCI
Technologies) for gravel road construction inspection with a total cost of
$5,305.05.
(Dan Drake, Public Works Director)
13) MAYOR AND COUNCIL REPORTS
14) STAFF REPORTS
15) EXECUTIVE SESSION (if needed)
(Agenda Item No. 09-819)
16) ADJOURNMENT
The minutes will be
Provided
electronically
AAULDIN
& ENKINS
CERTIFIED PUBLIC ACCOUNTANTs, LLC
January 30, 2009
Honorable Mayor and Members of the
City Council and City Manager
City of Milton, Georgia
Attention: Stacey Inglis, Finance Manager
13000 Deerfield Parkway, Suite 107G
Milton, Georgia 30004
We are pleased to confirm our understanding of the services we are to provide the City of Milton,
Georgia (the City) for the years ended September 30, 2008. We will audit the financial statements of
the governmental activities, each major fund, and the aggregate remaining fund information, which
collectively comprise the basic financial statements, of the City of Milton, Georgia as of and for the
year then ended. Accounting standards generally accepted in the United States provide for certain
required supplementary information (RSI), such as management's discussion and analysis (MD&A), to
accompany the City's basic financial statements. As part of our engagement, we will apply certain
limited procedures to the City's RSI. These limited procedures will consist principally of inquiries of
management regarding the methods of measurement and presentation, which management is
responsible for affirming to us in its representation letter. Unless we encounter problems with the
presentation of the RSI or with procedures relating to it, we will disclaim an opinion on it. The
following RSI is required by generally accepted accounting principles and will be subjected to certain
limited procedures, but will not be audited:
1. Management's Discussion and Analysis (MD&A).
2. Schedule of Funding Progress — Retirement Plan.
3. Budgetary comparisons for the General Fund and any Major Special Revenue Funds.
Supplementary information other than RSI also accompanies the City's basic financial statements. We
will subject the following supplementary information to the auditing procedures applied in our audit of
the basic financial statements and will provide an opinion on it in relation to the basic financial
statements:
1. Combining and individual fund statements.
The following additional information accompanying the basic financial statements will not be
subjected to the auditing procedures applied in our audit of the financial statements, and for which our
auditor's report will disclaim an opinion:
1. Introductory section
2. Statistical section
200 GALLERIA PARKWAY S.E., SUITE 1700 • ATLANTA, GA 30339-5946 • 770-95.5-8600 • 800-277-0080 ■ FAX 770-980-4489 • www.mjcpa.com
Members of The American Institute of Certified Public Accountants • HSM International
Audit Objectives
The objective of our audit is the expression of opinions as to whether your basic financial statements
are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting
principles and to report on the fairness of the additional information referred to in the first paragraph
when considered in relation to the basic financial statements taken as a whole. Our audit will be
conducted in accordance with generally accepted auditing standards established by the Auditing
Standards Board (United States) and the standards for financial audits contained in Government
Auditing Standards, issued by the Comptroller General of the United States, and will include tests of
the accounting records of the City of Milton, Georgia and other procedures we consider necessary to
enable us to express such opinions. If our opinions on the financial statements are other than
unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to
complete the audit or are unable to form or have not formed opinions, we may decline to express
opinions or to issue a report as a result of this engagement.
We will also provide a report (that does not include an opinion) on internal control related to the
financial statements and compliance with laws, regulations, and the provisions of contracts or grant
agreements, noncompliance with which could have a material effect on the financial statements as
required by Government Auditing Standards. The report on internal control and compliance will
include a statement that the report is intended solely for the information and use of management, the
body or individuals charged with governance, others within the entity, and specific legislative or
regulatory bodies and is not intended to be and should not be used by anyone other than these specified
parties. If during our audit we become aware that the City is subject to an audit requirement that is not
encompassed in the terms of this engagement, we will communicate to management and those charged
with governance that an audit in accordance with U.S. generally accepted auditing standards and the
standards for financial audits contained in Government Auditing Standards may not satisfy the relevant
legal, regulatory, or contractual requirements.
Management Responsibilities
Management is responsible for the basic financial statements and all accompanying information as
well as all representations contained therein. As part of the audit, we will prepare a draft of your
financial statements and related notes. You are responsible for making all management decisions and
performing all management functions relating to the financial statements and related notes and for
accepting full responsibility for such decisions. You will be required to acknowledge in the
management representation letter that you have reviewed and approved the financial statements and
related notes prior to their issuance and have accepted responsibility for thele. Further, you are
required to designate an individual with suitable skill, knowledge, or experience to oversee any
nonaudit services we provide and for evaluating the adequacy and results of those services and
accepting responsibility for them.
We will prepare the trial balance for use during the audit. Our preparation of the trial balance will be
limited to formatting information in the City of Milton, Georgia's general ledger and trial balances
provided into a working trial balance based on management's chart of accounts.
AULDIN
& ENKINS
Management, with oversight of the City Council, is responsible for establishing and maintaining
internal controls, including monitoring ongoing activities; for the selection and application of
accounting principles; and for the fair presentation in the financial statements of the respective
financial position of the governmental activities, each major fund, and the aggregate remaining fund
information of the City of Milton, Georgia and the respective changes in financial position, in
conformity with U.S. generally accepted accounting principles. Management is responsible for the
basic financial statements and all accompanying information as well as all representations contained
therein. Our audit of the basic financial statements does not relieve management or the City Council,
of their responsibilities related to the financial statements.
Management is also responsible for making all financial records and related information available to us
and for the accuracy and completeness of that information. Management's responsibilities include
adjusting the financial statements to correct material misstatements and for confirming to us in the
representation letter that the effects of any uncorrected misstatements aggregated by us during the
current engagement and pertaining to the latest period presented are immaterial, both individually and
in the aggregate, to the financial statements taken as a whole.
You are responsible for the design and implementation of programs and controls to prevent and detect
fraud, and for informing us about all known or suspected fraud affecting the government involving (1)
management, (2) employees who have significant roles in internal control, and (3) others where the
fraud or illegal acts could have a material effect on the financial statements. Your responsibilities
include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the
government received in communications from employees, former employees, grantors, regulators, or
others. In addition, you are responsible for identifying and ensuring that the entity complies with
applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate
steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we
may report.
Management is responsible for establishing and maintaining a process for tracking the status of audit
findings and recommendations. Management is also responsible for identifying for us previous audits
or other engagements or studies related to the objectives discussed in the Audit Objectives section of
this letter. This responsibility includes relaying to us corrective actions taken to address significant
findings and recommendations resulting from those audits or other engagements or studies. You are
also responsible for providing management's views on our current findings, conclusions, and
recommendations, as well as your planned corrective actions.
With regard to the electronic dissemination of audited financial statements, including financial
statements published electronically on your website, you understand that electronic sites are a means to
distribute information and, therefore, we are not required to read the information contained in these
sites or to consider the consistency of other information in the electronic site with the original
document.
Effective two-way communication between our Firm and the City Council is important to
understanding matters related to the audit and in developing a constructive working relationship. Your
insights may assist us in understanding the City and its environment, in identifying appropriate sources
of audit evidence, and in providing information about specific transactions or events. We will discuss
AULDrN
Sc ENKINs
with you your oversight of the effectiveness of internal control and any areas where you request
additional procedures to be undertaken. We expect that you will timely communicate with us any
matters you consider relevant to the audit. Such matters might include strategic decisions that may
significantly affect the nature, timing, and extent of audit procedures, your suspicion or detection of
fraud, or any concerns you may have about the integrity or competence of senior management.
Audit Procedures—General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the
financial statements; therefore, our audit will involve judgment about the number of transactions to be
examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather
than absolute assurance about whether the financial statements are free of material misstatement,
whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4)
violations of laws or governmental regulations that are attributable to the entity or to acts by
management or employees acting on behalf of the entity. Because the determination of abuse is
subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of
detecting abuse.
Our audit approach places a strong emphasis on obtaining an understanding of how your government
functions. This enables us to identify key audit components and tailor our procedures to the unique
aspects of your government. The development of a specific audit plan will begin by meeting with you
and with management to obtain an understanding of objectives, strategies, risks, and performance.
We will obtain an understanding of internal control to assess the impact of internal control on
determining the nature, timing and extent of audit procedures, and we will establish an overall
materiality limit for audit purposes. We will conduct formal discussions among engagement team
members to consider how and where your financial statements might be susceptible to material
misstatement due to fraud or error.
We will use this knowledge and understanding, together with other factors, to first assess the risk that
errors or fraud may cause a material misstatement at the financial statement level. The assessment of
the risks of material misstatement at the financial statement level provides us with parameters within
which to design the audit procedures for specific account balances and classes of transactions. Our
risk assessment process at the account -balance or class -of -transactions level consists of:
• An assessment of inherent risk (the susceptibility of an assertion relating to an account balance or
class of transactions to a material misstatement, assuming there are no related controls); and
■ An evaluation of the design effectiveness of internal control over financial reporting and our
assessment of control risk (the risk that a material misstatement could occur in an assertion and
not be prevented or detected on a timely basis by the City's internal control).
We will then determine the nature, timing and extent of tests of controls and substantive procedures
necessary given the risks identified and the controls as we understand them.
In planning the audit, the materiality limit is viewed as the maximum aggregate amount of
misstatements, which if detected and not corrected, would cause us to modify our opinion on the basic
financial statements. The materiality limit is an allowance not only for misstatements that will be
AULDIN
& ENICINs
detected and not corrected but also for misstatements that may not be detected by the audit. Our
assessment of materiality throughout the audit will be based on both quantitative and qualitative
considerations. Because of the interaction of quantitative and qualitative considerations, misstatements
of a relatively small amount could have a material effect on the current financial statements as well as
financial statements of future periods. At the end of the audit, we will inform you of all individual
unrecorded misstatements aggregated by us in connection with our evaluation of our audit test results.
Because an audit is designed to provide reasonable, but not absolute assurance and because we will not
perform a detailed examination of all transactions, there is a risk that material misstatements may exist
and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or
violations of laws or governmental regulations that do not have a direct and material effect on the
financial statements. However, we will inform you of any material errors and any fraudulent financial
reporting or misappropriation of assets that come to our attention. We will also inform you of any
violations of laws or governmental regulations that come to our attention, unless clearly
inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does
not extend to later periods for which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded in the
accounts, and may include tests of the physical existence of inventories, and direct confirmation of
receivables and certain other assets and liabilities by correspondence with selected individuals, funding
sources, creditors, and financial institutions. We will request written representations from your
attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the
conclusion of our audit, we will also require certain written representations from you about the
financial statements and related matters.
Audit Procedures—Internal Controls
Our audit will include obtaining an understanding of the entity and its environment, including internal
control, sufficient to assess the risks of material misstatement of the financial statements and to design
the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test
the effectiveness of certain controls that we consider relevant to preventing and detecting errors and
fraud that are material to the financial statements and to preventing and detecting misstatements
resulting from illegal acts and other noncompliance matters that have a direct and material effect on the
financial statements. Our tests, if performed, will be less in scope than would be necessary to render an
opinion on internal control and, accordingly, no opinion will be expressed in our report on internal
control issued pursuant to Government Auditing Standards.
An audit is not designed to provide assurance on internal control or to identify significant deficiencies.
However, during the audit, we will communicate to management and those charged with governance
internal control related matters that are required to be communicated under AICPA professional
standards and Government Auditing Standards. Other matters arising from the audit that are, in our
professional judgment, significant and relevant to you in your oversight of the financial reporting
process will be communicated to you in writing after the audit.
AULDIN
ENKINS
Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements of material
misstatement, we will perform tests of the City of Milton, Georgia's compliance witivisions of
applicable laws, regulations, contracts, agreements, and grants. However, the objeour audit
will not be to provide an opinion on Overall compliance and we will not express suction in our
report on compliance issued pursuant to Government Auditing Standards.
Other Attestation Services
Our annual examination will also be conducted to provide for attestation on cenagement
assertions in accordance the American Institute of Certified Public Accountant's (APStatement
on Standards for Attestation Engagements (SSAE) No. 3, Compliance Attestation, ded. The
objective of our reports will be to examine management's assertion about Milton'ance with
the requirement to use grant proceeds solely for the purpose or purposes for whicants were
made for each Local Assistance Grant. Management will be responsible for col with the
respective requirements. Our responsibility will be to express an opinion on manal assertion
about Milton's compliance based on our examination. Our report will include a that the
report is intended for the information and use of the Georgia Department of Audits punts and
Milton's management and is not intended to be and should not be used by anyonrian these
specified parties.
Independence
;1
Our independence policies and procedures are designed to provide reasonable assure our firm
and its personnel comply with applicable professional independence standards. Our address
financial interests, business and family relationships, and non -audit services that Thought to
bear on independence. For example, without our permission no partner or profess,)loyee of
Mauldin & Jenkins is permitted to own any direct financial interest or a rnaterialefinancial
interest in a client or any affiliates of a client. Also, if an immediate family memb(.- relative
of a partner or professional employee is employed by a client in a key position, the : must be
reported and resolved in accordance with Firm policy. In addition, our policies re tain non -
audit services that may be provided by Mauldin & Jenkins and require audit client A certain
responsibilities in connection with the provision of permitted non -attest services.
Audit Administration, Fees, and Other Y
i
We understand that your employees will prepare all cash or other confirmations w and will
locate any documents selected by us for testing.
V
We will provide copies of our reports to the City of Milton, Georgia; howeve,?ement is
responsible for distribution of the reports and financial statements. Unless re,,�, law or
regulation, or containing privileged and confidential information, copies of our rep[ be made
available for public inspection.
AULDIN
& ENKINS
We will coordinate audit fieldwork with the City's staff. Our fee for these services will be $33,500 for
the year ended September 30, 2008. This includes fees for our audit of the primary government, The
above fee does not include fees for our attestation procedures related to the City's Local Assistance
Grant Certifications. Our fees for the City's Local Assistance Grant Certifications will be $1,000 for
each grant requiring grant certification. Our hourly rates vary according to the degree of responsibility
involved and the experience level of the personnel assigned to your audit. However, if major problems
arise during our examination, any additional work necessary will be billed at standard rates. This
above fee will be subject to adjustments based on unanticipated changes in the scope of our work
and/or the incomplete or untimely receipt by us of the information on the client participation listing.
All other provisions of this letter will survive any fee adjustment. No changes will be made without
approval from you regarding the proposed change. Our invoices for these fees will be rendered as
work progresses and are payable upon presentation. The above fees are based on anticipated
cooperation from your personnel and the assumption that unexpected circumstances will not be
encountered during the audit. If significant additional time is necessary, we will discuss it with
management and arrive at a new fee estimate before we incur the additional costs.
Our professional standards require that we perform certain additional procedures, on current and
previous years' engagements, whenever a partner or professional employee leaves the firm and is
subsequently employed by or associated with a client (in this case the City of Milton, Georgia).
Accordingly, the City agrees it will compensate Mauldin & Jenkins for any additional costs incurred as
a result of the employment of a partner or professional employee of Mauldin & Jenkins.
The audit, including other attestation examination, documentation for this engagement is the property
of Mauldin & Jenkins and constitutes confidential information. However, pursuant to authority given
by law or regulation, we may be requested to make certain audit documentation available to a federal
agency providing direct or indirect funding, or the U.S. Government Accountability Office for
purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight
responsibilities. We will notify you of any such request. If requested, access to such audit
documentation will be provided under the supervision of Mauldin & Jenkins personnel. Furthermore,
upon request, we may provide copies of selected audit documentation to the aforementioned parties.
These parties may intend, or decide, to distribute the copies or information contained therein to others,
including other governmental agencies.
The audit documentation for this engagement will be retained for a minimum of five years after the
report release date or for any additional period requested by a regulatory body. If we are aware that a
federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies)
contesting the audit finding for guidance prior to destroying the audit documentation.
In the event we are requested or authorized by the City of Milton, Georgia or are required by
government regulation, subpoena, or other legal process to produce our documents or our personnel as
witnesses with respect to our engagements for the City, the City will, so long as we are not a party to
the proceeding in which the information Is sought, reimburse us for our professional time and
expenses, as well as the fees and expenses of our counsel, incurred in responding to such requests.
The City agrees that our report on the financial statements will not be included in an official statement
or other document involved with the sale of debt instruments without our prior consent. Additionally,
if the City intends to publish or otherwise reproduce the financial statements and/or make reference to
AULDIN
& ENKINS
us or our audit, you agree to provide us with printer's proofs or a master for our review and consent
before reproduction and/or release occurs. You also agree to provide us with a copy of the final
reproduced material for our consent before it is distributed or released. Our fees for any additional
services that may be required under our quality assurance system as a result of the above will be
established with you at the time such services are determined to be necessary. In the event our auditor
1 client relationship has been terminated when the organization seeks such consent, we will be under no
obligation to grant such consent or approval.
If circumstances arise relating to the condition of your records, the availability of sufficient, competent
evidential matter, or indications of a significant risk of material misstatement of the financial
statements because of error, fraudulent financial reporting, misappropriation of assets, or
noncompliance which in our professional judgment prevent us from completing the audit or forming an
opinion, we retain the unilateral right to take any course of action permitted by professional standards,
including declining to express an opinion or issue a report, or withdrawal from the engagement.
Government Auditing Standards require that we provide you with a copy of our most recent external
peer review report and any letter of comment, and any subsequent peer review reports and letters of
comment received during the period of the contract. Our 2005 peer review report accompanies this
letter. We did not receive a letter of comment with the peer review report.
We appreciate the opportunity to be of service to the City of Milton, Georgia and believe this letter
accurately summarizes the significant terms of our engagement. If you have any questions, please let
us know. If you agree with the terms of our engagement as described in this letter, please sign the
enclosed copy and return it to us.
Sincerely,
MAULDIN & JENKINS, LLC
Adam M. Fraley
RESPONSE:
This letter correctly sets forth the understanding of the City of Milton, Georgia.
By:
Title:
Date:
AULDIN
& ENKINS
CUftn
GundersonLLP
Certified Public Accountants & Consultants
November 18, 2005
To the Owners of
Mauldin & Jenkins, LLC
and the Center for Public Company Audit Firms Peer Review Committee
We have reviewed the system of quality control for the accounting and auditing practice of
Mauldin & Jenkins, LLC (the firm) applicable to non -SEC issuers in effect for the year ended
May 31, 2005. The firm's accounting and auditing practice applicable to SEC issuers was not
reviewed by us since the Public Company Accounting Oversight Board (PCAOB) is responsible
for inspecting that portion of the firm's accounting and auditing practice in accordance with
PCAOB requirements. A system of quality control encompasses the firm's organizational
structure and the policies adopted and procedures established to provide it with reasonable
assurance of complying with professional standards. The elements of quality control are
described in the Statements on Quality Control Standards issued by the American Institute of
Certified Public Accountants (the AICPA), The design of the system, and compliance with it, are
the responsibilities of the firm. Our responsibility is to express an opinion on the design of the
system, and the firm's compliance with that system based on our review.
Our review was conducted in accordance with standards established by the Peer Review
Committee of the Center for Public Company Audit Firms and included procedures to plan and
perform the review that are summarized in the attached description of the peer review process.
Our review would not necessarily disclose all weaknesses in the system of quality control or all
instances of lack of compliance with it since it was based on selective tests. Because there are
inherent limitations in the effectiveness of any system of quality control, departures from the
system may occur and not be detected. Also, projection of any evaluation of a system of quality
control to future periods is subject to the risk that the system of quality control may become
inadequate because of changes in conditions, or that the degree of compliance with the policies
or procedures may deteriorate.
In our opinion, the system of quality control for the accounting and auditing practice applicable
to the non -SEC issuers of Mauldin & Jenkins, LLC in effect for the year ended May 31, 2005,
has been designed to meet the requirements of the quality control standards for an accounting
and auditing practice established by the AICPA, and was complied with during the year then
ended to provide the firm with reasonable assurance of complying with applicable professional
standards.
offices in 14 states and Washington, DC
Elnternational
Attachment to the Peer Review Report of Mauldin & Jenkins, LLC
Description of the Peer Review Process
Overview
Firms enrolled in the AICPA Center for Public Company Audit Firms (the Center) Peer Review
Program have their system of quality control periodically reviewed by independent peers. These
reviews are system and compliance oriented with the objectives of evaluating whether:
The reviewed firm's system of quality control for its accounting and auditing practice
applicable to non -SEC issuers has been designed to meet the requirements of the Quality
Control Standards established by the AICPA.
The reviewed firm's quality control policies and procedures applicable to non -SEC issuers
were being complied with to provide the firm with reasonable assurance of complying with
professional standards.
A peer review is based on selective tests and directed at assessing whether the design of and
compliance with the firm's system of quality control for its accounting and auditing practice
applicable to non -SEC issuers provides the firm with reasonable, not absolute, assurance of
complying with professional standards. Consequently a peer review on the firm's system of
quality control is not intended to, and does not, provide assurance with respect to any individual
engagement conducted by the firm or that none of the financial statements audited by the firm
should be restated.
The Center's Peer Review Committee (PRC) establishes and maintains peer review standards. At
regular meetings and through report evaluation task forces, the PRC considers each peer review,
evaluates the reviewer's competence and performance, and examines every report, letter of
comments, and accompanying response from the reviewed firm that states its corrective action
plan before the peer review is finalized. The Center's staff plays a key role in overseeing the
performance of peer reviews working closely with the peer review teams and the PRC.
Once the PRC accepts the peer review reports, letters of comments, and reviewed firms'
responses, these documents are maintained in a file available to the public. In some situations,
the public file also includes a signed undertaking by the firm agreeing to specific follow-up
action requested by the PRC.
Firms that perforin audits or play a substantial role in the audit of one or more SEC issuers, as
defined by the Public Company Accounting Oversight Board (PCAOB), are required to be
registered with and have their accounting and auditing practice applicable to SEC issuers
inspected by the PCAOB. Therefore, we did not review the firm's accounting and auditing
practice applicable to SEC issuers.
Planning the Review for the Firm's Accounting and Auditing Practice Applicable to Non -
SEC Issuers
To plan the review of Mauldin & Jenkins, LLC, we obtained an understanding of (1) the nature
and extent of the firm's accounting and auditing practice, and (2) the design of the firm's system
of quality control sufficient to assess the inherent and control risks implicit in its practice.
Inherent risks were assessed by obtaining an understanding of the firm's practice, such as the
industries of its clients and other factors of complexity in serving those clients, and the
organization of the firm's personnel into practice units. Control risks were assessed by obtaining
an understanding of the design of the firm's system of quality control, including its audit
methodology, and monitoring procedures. Assessing control risk is the process of evaluating the
effectiveness of the reviewed firm's system of quality control in preventing the performance of
engagements that do not comply with professional standards.
Performing the Review for the Firm's Accounting and Auditing Practice Applicable to
Non -SEC Issuers
Based on our assessment of the combined level of inherent and control risks, we identified
practice units and selected engagements within those units to test for compliance with the fine's
system of quality control. The engagements selected for review included audits performed under
Government Auditing ,Standards, audits performed under FDICIA and audits of Employee
Benefit Plans. The engagements selected for review represented a cross-section of the firm's
accounting and auditing practice with emphasis on higher -risk engagements. The engagement
reviews included examining working paper files and reports and interviewing engagement
personnel.
The scope of the peer review also included examining selected administrative and personnel files
to determine compliance with the firm's policies and procedures for the elements of quality
control pertaining to independence, integrity, and objectivity; personnel management; and
acceptance and continuance of clients and engagements. Prior to concluding the review, we
reassessed the adequacy of scope and conducted a meeting with firm management to discuss our
findings and recommendations.
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: ML Marietta, Planning and Emergency Management Coordinator
Date: Submitted on February 9, 2009 for the March 2, 2009 Council Meeting
Agenda Item: Approval for the Police Department to enter a multi-year contract with Command
Uniforms to provide necessary equipment for uniformed police operations
City Manager’s Office Recommendation
Approve the entry of the Milton Police Department into a multi-year contract with Command
Uniforms to ensure that our police officers are professionally outfitted as representatives the
City while performing the basic law enforcement function of uniformed patrol.
Background
The uniform dress of a police officer reflect both the tradition of the service as well as the
professionalism of the Department, its officers and the municipality they represent. To the
citizens, public safety employees are the most readily apparent aspect of the City, especially
when they serve in a uniformed capacity. As a consequence, consistent and tailored
appearance for these employees is an essential aspect of deploying a police force. To ensure
quality of garments (and equipment), uniformity of appearance, and to foster a professional
image both among our officers and with the public they serve, it is useful to contract with an
vendor able to provide a combination of customer service, price and consistency. This ensures
that our officers’ uniforms are consistent from year to year and that we are not forced to
constantly renegotiate the terms of service depending upon the vagaries of the market.
Discussion
In October 2008, Milton DPS prepared a competitive RFQ for the provision of uniforms to the
Police Department and distributed it widely among local vendors. Based on past positive
experience with Command Uniforms, more that competitive pricing, and the availability of the
proper style of uniform (to provide consistency within the Department), they were chosen as the
best suited for Milton’s needs. Purchasing (with the advice and consent of the City Attorney)
produced a document that allowed for a multi-year relationship between the vendor and the City
so that we can ensure the proper outfitting of our officers without repeating the lengthy process
of renegotiating the contract on a yearly basis.
Funding and Fiscal Impact
The purchase of uniforms is a regular and necessary maintenance and operating line item in the
budget of Police Department. The City has already addressed the financial commitment of this
item in the FY 2009 budget. The contract would not obligate any further expense on Milton’s
part, but instead ensures that the Department gets the best service, price and quality for the
funding already earmarked for this purpose.
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
2
The Department budgeted $23,500 for this purpose in FY 2009. The Department currently
intends to encumber $9,500 and to buy down from that amount over the course of the Fiscal
Year 2009.
The contract in question allows a 3.5% annual increase in price on the items specified without
requiring a renegotiation of terms. This allows the contract to renew without undergoing the
RFQ process while affording Command Uniforms the opportunity to adjust pricing in line with
inflation (and other market demands).
Alternatives:
The Department may continue to purchase uniforms on an ad hoc basis from the various police
suppliers. However, this is not an optimal arrangement because it would greatly increase the
time administrative staff spends in the procurement process and may hamper achieving
consistency of dress/equipment within the uniformed police force.
Concurrent Review:
Chris Lagerbloom, Acting City Manager
Deborah Harrell, Acting Police Chief
rT•'•
City of Milton
The City of Milton requires 51% participation by the Prime Contractor on all projects.
CITY OF MILTON, GEORGIA
CONTRACT NUMBER 09-PS2
UNIT PRICE CONTRACT
THIS AGREEMENT made and entered into under seal this 1st day of January,
2009, by and between the CITY OF MILTON, GEORGIA (Party of the first part,
hereinafter referred to as the "City") and Command Uniform Company. (Party of the
Second Part, hereinafter referred to as the "Contractor");
WITNESSETH:
That said Contractor has agreed, and by these presents does agree with the City
for the consideration mentioned in the Proposal hereto attached as Exhibit "A," to furnish
the goods in the Proposal.
JOS NAME:
The Contractor agrees to supply the goods described in the Proposal for the prices
described therein to the City in such quantities as the City requires. The Contractor
agrees to be reimbursed on a price per unit basis per the respective prices listed in the
Proposal with the understanding that the City guarantees no maximum or minimum
purchase or work. Contractor agrees to provide material per the specification numbers on
the price quotes included in Exhibit "A" for the term of this Agreement per each specific
quote. Contractor agrees to no more than a 3.5% annual price increase each year starting
on January 1" 2010 . The City reserves the right to purchase like goods and services from
other vendors if it is in the best interest of the City.
TERM OF CONTRACT:
The term of this Agreement shall be from the date of execution until December
31, 2009, unless terminated earlier as provided for herein. This Agreement shall
automatically renew on January 1, 2010 and on January 1 of each year thereafter absent
written notice of non -renewal provided by the City to the Contractor at least sixty (60)
days prior to the termination of the then current renewal term, provided that this
Agreement shall terminate absolutely and without further obligation on the part of the
City on December 31 of each year. This Agreement shall terminate absolutely and
without any further obligation on the part of the City or automatic renewal on December
31 2013. Title to any supplies, materials, equipment or other personal property shall
remain the Contractors' until fully paid for by the City.
INITIATION OF INDIVIDUAL PURCHASES:
Each individual purchase of goods shall begin with a written order ("ORDER")
on a form provided by the City. The Contractor agrees to the following terms and
conditions regarding each ORDER:
1. a) Acceptance of each ORDER shall occur upon Contractor's acknowledgment of the
ORDER, shipment of any goods, performance of any services, or commencement of any
work on supplies or goods described by the ORDER; and b) ORDERS shall be void unless
signed by the Mayor or designee.
2. The Contractor guarantees that no article shipped pursuant to any ORDER will be produced
in violation of any provision of the Fair Labor Standards Act; and further guarantees full
compliance with all provisions from time to time applicable of any other federal and all
state and local laws; and Contractor agrees to hold the City harmless from all liability
resulting from failure of such compliance,
3. Compliance with Federal and State laws: The Contractor agrees to comply with applicable
provisions of any Federal or State Law and all executive orders, rules and regulations
issued thereunder, whether now or hereafter in force; and any provisions, representations or
agreements required thereby to be included in the contract resulting from acceptance of any
ORDER are hereby incorporated by reference, including but not limited to, Executive
Order 11246, as amended, Chapter 80 of Title 41 of the Code of Federal Regulations, as
amended, Obligations of Contractors and Subcontractors, and Chapter 1 of Title 48 of the
Code of Federal Regulations, as amended Federal Acquisition Regulation.
4. In accepting any ORDER, the Contractor agrees to hold the City harmless against any
liability, judgment, damages, loss or expense, including reasonable attorney fees, resulting
from any claim or any suit against City charging infringement of a United States copyright
or patent by any publication or product sold under any ORDER, or any element of such
product. Contractor agrees to hold City harmless against any liability, judgment, damage,
loss or expense, including reasonable attorney fees, resulting from Contractor's failure to
meet the requirements of this Agreement.
5. No waiver by City of any breach of any ORDER or the granting of an extension for
performance hereunder shall be deemed to be a waiver of any other or subsequent breach.
Contractor agrees that it will not claim that City has waived any of Contractor's
performance requirements under any ORDER, and no such waiver shall be effective to
relieve Contractor from complete and punctual performance of such requirements, unless
such waiver is expressly stated in writing and signed by City's representative (or his/her
successor) who signed the ORDER.
5. Acceptance of each ORDER is expressly limited to the terms hereof. If the Contractor
objects to any of the terms hereof, it shall notify City in writing within ten days of the date
of the ORDER, and withhold shipment of the good listed herein until the controversy is
adjusted. Any oral or written acknowledgment or confirmation of any ORDER, any
shipment of the goods ordered hereby or the furnishing or any services pursuant to any
ORDER shall, notwithstanding the terms of such acknowledgment or confirmation,
constitute acceptance by the Contractor of each and all of the terms and conditions stated
herein. The City will not be bound to any additional or different terms hereafter
transmitted except by a signed consent, and will in no event be bound by silence or
acceptance of the goods listed herein to any terms and conditions other than these stated
herein. This Agreement contains all the terms and conditions of the purchase agreement
and shall constitute the complete and exclusive agreement between Contractor and City.
No modification, rescission or waiver of any ORDER of this Agreement shall be, effective
unless in writing signed by the parties. All transactions under this Agreement (including
remedies for breach and period within which such remedies must be brought) shall be
governed in all respects by the laws of the State of Georgia, and venue for any action
brought pursuant to any ORDER shall be in the Superior Court of Fulton County, Georgia.
7. If the goods purchased under any ORDER are "articles of wearing apparel" "fabrics"
"interior furnishings", or "related material", covered by the Federal Flammable Fabrics
Act, or similar State laws, then unless the goods are exempted from the provisions of said
laws, Contractor guarantees that reasonable and representative tests made according to the
procedures prescribed in Section 4 of the Flammable Fabrics Act, show that the goods are
not under the provisions of such Act so highly flammable as to be dangerous.
S. City shall not be bound by any terms and conditions included in Contractor's package,
invoices, catalogs, brochures, technical data sheets, or other documents which attempt to
impose any condition at variance with the terms and conditions contained herein. In the
event any special terms and conditions attached to any ORDER by the City conflict with
these standard terms and conditions, the special terms and conditions shall govern.
9. (a) Delivery must be in strict compliance with the instructions contained in any ORDER and
shall be made by Contractor at such time and places and of such items and quantities as
may from time to time be specified by City. If Contractor fails to meet its scheduled
delivery dates and the City elects to call for expedited shipments, Contractor will pay the
difference between the method of shipping specified and the actual expedited rate incurred.
Contractor shall be responsible for any additional charges resulting from deviation from
City's routing instructions. If Contractor fails to make delivery promptly and regularly, as
required under any ORDER, City may, in addition to other remedies available at law,
terminate any such ORDER by giving notice to Contractor. Title to any supplies,
materials, equipment or other personal property shall remain the Contractor's until fully
paid for by the City. Notwithstanding such delivery, Contractor shall bear risk of loss or
damage to goods purchased hereunder from the time that City gives notice of rejection of
goods pursuant to the inspection provisions of this Agreement.
{b} Packaging and packing of items to be delivered by Contractor shall insure safe arrival at
their destination, secure lowest transportation cost, conform with requirements of common
carriers and, in any event, comply with City's minimum specifications.
10. Contractor warrants that any goods supplied to City under any ORDER are of merchantable
quality, free from defect, conform to all specifications set out in any individual contract or
any ORDER, and are fit for the purpose for which such goods are ordinarily employed and
for the particular declared City purpose.
11. Contractor shall not assign any ORDER or any portion of any ORDER, nor shall
Contractor subcontract for completed or substantially completed goods or services
purchased hereunder without the prior express written consent of City. No assignment or
subcontract by Contractor, including any assignment or subcontract to which City consents,
shall in any way relieve Contractor from complete and punctual performance of each
ORDER, including without limitation all of Contractor's obligations under the warranty
provisions of this Agreement.
12. Contractor shall comply with City's insurance and risk management requirements.
ADDITIONAL INSTRUCTIONS TO CONTRACTOR REGARDING ORDERS:
1. Acceptance of each ORDER and any attachments constitutes a contract between
Contractor and City and these Instructions are made a part and a condition of the
contract.
2. Contract number MUST appear on all invoices, packages and documents related to each
ORDER.
3. Payment will be made by CONTRACTOR INVOICE ONLY showing Contract Number.
Separate invoices must be submitted for each ORDER.
4. Shipping memo showing ORDER number must accompany all deliveries. Only
PREPAID
INSIDE SHIPMENTS will be accepted.
5. Do not part ship against any ORDER without permission.
6. PLEASE ACKNOWLEDGE PROMPTLY.
7. Deliveries must be made between 9:00 a.m. and 4:04 p.m., FOB to location listed on
ORDER.
S. Deliveries will be received subject to examination and approval of City as to accuracy of
order, and compliance with specifications_ Defective or inaccurate shipments will he
returned at CONTRACTOR'S EXPENSE.
9. Where applicable, materials shall comply with: a) Federal Occupational Safety & Health
Acts Standards; and b) DOT Hazardous Materials Regulations.
STIPULATIONS:
Upon each individual purchase, the City shall pay and the Contractor shall receive
the prices stipulated in Exhibit "A" as full compensation for everything furnished by the
Contractor, relative to the above named job, which prices shall be paid in the manner and
terms specified by the City.
&VERIFICATION:
It is the policy of City that unauthorized aliens shall not be employed to perform
work on City contracts involving the physical performance of services. Therefore, the
City shall not enter into a contract for the physical performance of services within the
State of Georgia, unless the Contractor shall provide evidence on City -provided forms,
attached hereto as Exhibits `B" and "C" that it and Contractor's sub Contractors have
within the previous twelve (12) month period conducted a verification of the social
security numbers of all employees who will perform work on the City contract to ensure
that no unauthorized aliens will be employed. The City Manager or his/her designee
shall be authorized to conduct an inspection of the Contractor's and Contractor's sub
Contractors' verification process to determine that the verification was correct and
complete. The City Manager or his/her designee shall further be authorized to conduct
periodic inspections to ensure that no City Contractor or Contractor's sub Contractors
employ unauthorized aliens on City contracts.
Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02
is mandatory.
Contractor agrees that the employee -number category designated below is
applicable to the Contractor.
500 or more employees.
100 or more employees.
`_ Fewer than 100 employees.
Contractor agrees that, in the event the Contractor employs or contracts with any
sub Contractor(s) in connection with this Agreement, the Contractor will secure from the
sub Contractor(s) such sub Contractor(s') indication of the above employee -number
category that is applicable to the sub Contractor.
Contractor's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule
300-10-1-.02 shall be attested by the execution of the Contractor's affidavit attached as
Exhibit "B."
The above requirements shall be in addition to the requirements of State and
federal law, and shall be construed to be in conformity with those laws.
MANNER AND TERMS OF PAYMENT:
Payment shall be net 30 days.
PROHIBITIONS:
The Contractor shall not sublet, assign, transfer, pledge, convey, sell or otherwise
dispose of the whole or any part of this Contract or his right, title or interest therein to
any person, firm or corporation without the previous consent of the City in writing.
TERMINATION FOR CONVENIENCE:
The City may at any time by written notice terminate all or any part of this
Agreement for the City's convenience. If this Agreement is terminated, in whole or in
part, for the City's convenience, the Contractor shall be paid an amount, to be mutually
agreed upon, which shall be adequate to cover the actual reasonable cost paid by the
Contractor for the actual goods and labor reasonably used by the Contractor to perform
the work under this Agreement to the effective date of termination, plus a reasonable
profit thereon; provided that no amount shall be paid to the Contractor for (i) any
anticipatory profits related to work under this Agreement not yet performed, or (ii) costs
incurred due to the Contractor's failure to terminate work as ordered on the effective date
of termination. In no event shall the total amount paid under the provisions of this
paragraph exceed the prices set forth in this Agreement for the work terminated.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
the date first mentioned above.
ATTEST:
CITY OF MILTON, GEORGIA
i f
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BY: 4i
TITLE:
[SIGNATURES CONTINUED ON THE FOLLOWING PAGE]
ATTEST: CONTRACTOR
BY: Z,
*, Secretary
NAME/TITLE: d Kp-xSzb Pµra-
[Ar FIX CORPORATE SEAL] Ver
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EXHIBIT "B"
STATE OF GEORGIA
CITY OF MILTON
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with
O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which
is contracting with the City of Milton has registered with and is participating in a federal
work authorization program, in accordance with the applicability provisions and
deadlines established in O.C.G.A. § 13-10-91.
The undersigned further agrees that, should it employ or contract with any
subcontractor(s) in connection with the physical performance of services pursuant to this
contract with the City of Milton, contractor will secure from such subcontractor(s) similar
verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit
provided in Rule 300-10-01-.0$ in the form attached hereto as Exhibit "i." Contractor
further agrees to maintain records of such compliance and provide a copy of each such
verification to the City of Milton at the time the subcontractor(s) is retained to perform
such service.
EEV 1 Basic Pilot Program User Identification Number
BY: Authorized Officer or Agent Date
(Contractor Name)
yr-wr `?P-irs 0 s�
Title of Authorized Officer or Agent of Contractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
.,, DAY 200
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Notary ublic
My Commission Expires:
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STATE OF GEORGIA
CITY OF MILTON
EXHIBIT "C"
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with
O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which
is engaged in the physical performance of services under a contract with (name of
contractor) on behalf of the City of Milton has registered with and is participating in a
federal work authorization program, in accordance with the applicability provisions and
deadlines established in O.C.G.A. § 13-14-91.
EEV 1 Basic Pilot Program User Identification Number
BY: Authorized Officer or Agent Date
(Subcontractor Name)
Title of Authorized Officer or Agent of Subcontractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
DAY OF , 200
Notary Public
My Commission Expires:
-RC
City of Milton
13000 Deerfield Parkway Suite 107G Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Manager
Date: Submitted on February 20 for March 2, 2009 City Council Meeting
Agenda Item: Financial Status Report for Period 4 - January 2009
OVERVIEW and FINANCIAL HIGHLIGHTS:
Within the next few weeks, an analysis will be done to see how we are faring overall with the current
economic conditions and its effect on our finances. The results will determine how we adjust our
budget. A quick analysis shows several of the revenue sources trending lower than the previous
year, therefore, it is expected that budget cuts will be necessary. Each department head is conscious
of the constraints we are facing and is already being conservative with their spending.
General Fuad
Revenue collections for the General Fund totaling $2,073,490 are approximately 1.6%
higher than anticipated for the fourth period of the fiscal year.
Total expenditures to -date are $6,724,537 and are almost 10% less than expected for this
period of the fiscal year.
Capital Project Fund
Expenditures within this fund continue to occur on a project -by -project basis. With a
total project expenditure budget of $6,135,740, capital expenditures -to -date total
$862,330.
FINANCIAL OPERATIONS:
Tree Replacement Fund: Balance: $0
Sidewalk Replacement Fund: Balance: $0
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City of Milton
Special Events Fund
Statement of Revenues, Ependitures, and Changes In Fund Balances - Budget and Actual
For the Period Ended January 31, 2009
Variance with
Original
Budget
Current Period
Year -to -Date
Final Budget -
Arnounts
Actuals
Actuals
Positive (Negative)
REVENUES
Contributions & Donations
$
-
$
$
-
$
Interest Revenues
-
-
-
Holiday Card Sales
-
100
405
4D5
Total revenues
$
-
$
-
$
-
$
-
EXPENDITURES
Current:
Special Events
$
40,000
$
1,453
$
12,718
$
27,282
Total Expenditures
$
40,000
$
1,453
$
12,718
$
27,282
OTHER FINANCING SOURCES (USES)
Transfers in from Hotel/Motel Tax Fund
$
40,000
$
3,586
$
12,658
$
(27,342)
Total other financing sources and uses
$
40,000
$
3,586
$
12,658
$
(27,342)
Net change in fund balances
$
-
$
(60)
Fund balances - beginning
-
-
Fund balances - ending
$
-
$
(60)
City of Milton
Confiscated Assets Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended January 31, 2009
Variance with
Original Budget Current Period Year -to -Date Final Budget -
Amounts Actuals Actuals Positive (Negative)
REVENUES
Total revenues
$
$
EXPENDITURES
Current:
Public Safety
$
73,845 $
Total Expenditures
$
73,845 $
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund
$
73,845 $
Total other financing sources and uses
$
73.845 $
Net change in fund balances
$
-
Fund balances - beginning
Fund balances - ending
$
-
$ - $ 73,845
$ - $ 73,845
$ - $ (73,845)
_ $ - $ (73,845)
City of Milton
E-911 Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended January 31, 2009
REVENUES
Wireless 911 Fees
Total revenues
EXPENDITURES
Current:
Public Safety
Total Expenditures
OTHER FINANCING SOURCES (USES)
Unallocated
Total other financing sources and uses
Net change in fund balances
Fund balances - beginning
Fund balances - ending
Variance with
Original
Budget
Current Period
Year -to -Date
Final Budget -
Amounts
Actuals
Actuals
Positive (Negativey
$
570,000
$
53,393
$
125,053
$
(444,947)
$
570,000
$
53,393
$
125,053
$
(444,947)
$
530,000
$
1,700
$
282,755
$
247,245
$
530,000
$
1,700
$
282,755
$
247,245
$
(40,000)
$
-
$
-
$
40,000
$
(40,000)
$
-
$
-
$
40,000
$
-
$
057.7021
City of Milton
Operating Grant Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended January 31, 2009
Original Variance with
Budget Current Period Project -to -Date Final Budget -
Amounts Actuals Actuals Positive (Negative)
REVENUES
Intergovernmental Revenues
State Grant -operating Cat -Indirect
Total revenues
EXPENDITURES
Current:
Public Safety
Total Expenditures
Excess of revenues over expenditures
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund
Totai other financing sources and uses
Net change in fund balances
Fund balances - beginning
Fund balances - ending
$
147,047
$ $
147,047
$ - $
$
168,057
$ - $
$
168,057
$ - $
(21,010)
-
$
21,010
$ - $
$
21,010
$ - $
- $ (147,047)
$ (147,047)
$ 168,057
$ 168,057
21,010
$ (21,010)
$ (21,010)
City of Milton
Hotel/Motel Tax Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended January 31, 2069
REVENUES
Taxes
Hotel/Motel Taxes
Total revenues
OTHER FINANCING SOURCES (USES)
Transfers out to General Fund
Transfers out to Special Events Fund
Total other financing sources and uses
Net change in fund balances
Fund balances - beginning
Fund balances - ending
Original Variance with
Budget Current Period Year -to -Date Final Budget -
Amounts Actuals Actuals Positive (Negative)
$ 55.000
$
3.586
$
12,658
$
(42,342)
$ 55,000
$
3.586
$
12,658
$
(42,342)
(15,000)
$
-
$
-
$
15,000
(40,000)
(3,586)
(12,658)
27,342
$ (55,000)
$
(3.586)
$
(12,658)
$
42,342
City of Milton
Capital Project Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
For the Period Ended January 31, 2009
Original Variance with
Budgeted Current Period Year -to -Date Final Budget -
Amounts Actuals Actuals Positive (Negative)
REVENUES
Charges for Service
Infrastructure Maintenance Fee
Landfill Hast Fees
Interest Revenue
Sidewalk Replacement Account
Total revenues
EXPENDITURES
Capital Outlay
Unallocated:
City Council
Public Safety
Public Works
Parks & Recreation
Community Development
Total Capital Outlay
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
$ 60,000
$
1,130
$
8,309
$
(51,691)
190,000
49,882
49,882
(140,118)
5,000
-
-
(5,000)
70,558
-
-
(70,558)
325,558
$
51,013
$
58,191
$
(267,367)
180,000
-
-
180,000
502,957
8,437
286,877
216,080
3,419,953
3,791
574,949
2,845,004
1,721,933
504
504
1,721,429
310,897
-
-
310,897
$ 6,135,740
$
12,731
$
862,330
$
5,273,410
(5,810,182)
38,281
(804,139)
{5,540,777}
$ 4,001,896
$
-
$
1,000,473
$
(3,001,423)
1,808,286
-
-
(1,808,286)
5,810,182-
4,000,473
(4,809,709)
-
196,334
City of Milton
Capital Grant Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances . Budget and Actual
For the Period Ended January 31, 2049
Original
Variance with
Budgeted
Current Period
Project -to -Date
Final Budget -
Amounts
Actuals
Actuals
Positive (Negative)
REVENUES
Intergovernmental Revenues
State -Capital -Direct Grant
$
960,000
$ -
$
-
$
(960,000)
Total revenues
960,000
$ -
$
-
$
(960,000)
EXPENDITURES
Capital Outlay
Public Works
1,903,240
-
1,903,240
Total Capital Outlay
$
1,903,240
$
$
$
1,903,240
Excess of revenues over expenditures
(943,240)
-
943,240
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund
$
293,940
$ -
$
73,485
$
(220,455)
Budgeted Fund Balance
649,300
-
$
(649,300)
Total other financing sources and uses
$
943,240
$ -
$
73,485
$
(859,755)
Net change in fund balances
-
-
73,485
Fund balances - beginning
-
-
Fund balances - ending
$
-
$
73,485
City of Milton
13000 Deerfield Parkway Suite 107C Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Alice Wakefield, Community Development Director
Date: February 19, 2009 for Submission onto the March 2, 2009, City Council
Regular Meeting – Consent Agenda
Agenda Item:
A Request to Terminate the Consulting Agreement between the City of Milton and BRPH,
Inc
CMO (City Manager’s Office) Recommendation:
The recommendation is to approve the termination of the Consulting Agreement with BRPH,
Inc.
Background:
BRPH, Inc. and the City of Milton entered into a Consulting Agreement, dated September 21,
2007 under which BRPH was to provide certain Services to Milton in the creation and adoption
of Milton’s first comprehensive plan.
BRPH has assisted the City of Milton through the Comprehensive Plan Advisory Committee
(CPAC) and City Staff to complete the first two sections of the Plan, the Community
Assessment and the Citizen Participation Plan. They also assisted in the preparation of the
Partial Plan Update which was necessary when the State mandated deadline became an issue.
However, BRPH has undergone some changes and is a company in transition. BRPH no longer
has the resources to provide planning services.
On January 9, 2008, a formal notice was sent to BRPH informing them of Staff intent to ask The
Mayor and City Council to terminate the agreement. While Section 9(b) of the Agreement
provides that such termination may be “for convenience whenever and for whatever reason”,
the specific reasons were set forth in the letter. However, this is an appropriate time to sever
ties. A large portion of the work has been done, and the only remaining task is to complete the
Community Agenda. The CPAC and City Staff are confident that the Community Agenda can
be completed without the full services of a consultant.
This matter was discussed at the February 9, 2009 City Council Work Session. Also, on
February 9, 2009, BRPH sent a letter to the City accepting the payment received to date as
payment in full and that no further assistance from BRPH is expected.
City of Milton
13000 Deerfield Parkway Suite 107C Milton, GA 30004
Discussion:
CPAC, City Staff and BRPH agree that this termination is in the best interest of all parties. This
opinion is because the final document can be completed by CPAC and City Staff and BRPH no
longer has the resources to provide such planning services.
Concurrent Review:
Ken Jarrard, City Attorney
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Manager
Date: Submitted on February 24 for March 2, 2009 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Celtic Rising, LLC
d/b/a Olde Blind Dog
CMO (City Manager’s Office) Recommendation:
Approve the issuance of an Alcohol Beverage License to Olde Blind Dog for consumption on the
premises of wine, malt beverage and distilled spirits.
Background:
City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to
businesses that properly submit application for and meet all the legal requirements to hold such
license.
Discussion:
Staff has processed the application for the following business and recommends issuance of the
applicable license:
Business Name: Celtic Rising, LLC d/b/a Olde Blind Dog
Owner(s) Name: Jose Creamer
Business Address: 12650 Crabapple Rd
Type of License to be Issued: Consumption on Premises – Wine/Malt Beverage/Distilled Spirits
Concurrent Review:
Chris Lagerbloom, City Manager
Deb Harrell, Deputy Police Chief
Alice Wakefield, Director of Community Development
Prepared by the Community Development Department for the
Planning Commission Meeting on February 24, 2009
2/23/2009 Page 1 of 17
U09-01/VC09-01
PETITION NUMBER(S):
U09-01
VC09-01
PROJECT NAME
The Landscape Group
PROPERTY INFORMATION
ADDRESS 13120 Arnold Mill Road
DISTRICT, LAND LOT 2/2, 1018
OVERLAY DISTRICT Northwest Fulton Overlay
EXISTING ZONING AG-1
ACRES 1.74
EXISTING USE Landscaping Business
PROPOSED USE Use Permit for Landscaping Business (Article 19.4.27)
OWNER Frank Schaffer
ADDRESS 13120 Arnold Mill Road
Milton, Georgia 30075
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
U09-01 – DENIAL
Part 1 of VC09-01 – DENIAL
Part 2 of VC09-01 – DENIAL
Part 3 of VC09-01 – DENIAL
INTENT
To obtain a use permit for a landscaping business on 1.74 acres at a density of
3,908.04 square feet per acre (Article 19.4.27). Applicant is also requesting 3-part
concurrent variance:
1) To delete the 50’ buffer and 10’ improvement setback along the west
property line from the right-of-way for a distance of 140’ (12H.3.1 Section C.1).
2) To delete the 50’ buffer and 10’ improvement setback along the east
property line from the right-of-way for a distance of 140’ (12H.3.1 Section C.1).
3) To allow a sign located less than 10’ from the right-of-way (Article 33 Section
21.C).
Prepared by the Community Development Department for the
Planning Commission Meeting on February 24, 2009
2/23/2009 Page 2 of 17
U09-01/VC09-01
LOCATION MAP
Prepared by the Community Development Department for the
Planning Commission Meeting on February 24, 2009
2/23/2009 Page 3 of 17
U09-01/VC09-01
ZONING MAP
Prepared by the Community Development Department for the
Planning Commission Meeting on February 24, 2009
2/23/2009 Page 4 of 17
U09-01/VC09-01
SITE PLAN – January 8, 2009
Prepared by the Community Development Department for the
Planning Commission Meeting on February 24, 2009
2/23/2009 Page 5 of 17
U09-01/VC09-01
TOPOGRAPHY
Prepared by the Community Development Department for the
Planning Commission Meeting on February 24, 2009
2/23/2009 Page 6 of 17
U09-01/VC09-01
SOUTHEAST VIEW OF SITE
SOUTHWEST VIEW OF SITE
Prepared by the Community Development Department for the
Planning Commission Meeting on February 24, 2009
2/23/2009 Page 7 of 17
U09-01/VC09-01
MAIN OFFICE BUILDING ON SUBJECT SITE
SUBJECT SITE
The subject site is a 1.74 acre tract of agriculturally zoned land, located on the
southern side of Arnold Mill Road. The subject site is developed with an 800 sq.
ft. house which is used as an office and a 3,000 sq. ft. warehouse. It 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
Planning Commission Meeting on February 24, 2009
2/23/2009 Page 8 of 17
U09-01/VC09-01
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on January 8, 2009, Staff offers the following considerations:
Northwest Fulton Overlay District
BUILDING SETBACKS
Article 12H.3.5 Section C.2 of the Northwest Overlay District requires a maximum
30-feet 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. In Staff’s opinion, it appears that the
applicant has met this requirement. There are no additional structures proposed
on the site.
Article 5.1.3.C of the Milton Zoning Ordinance requires a minimum front yard of
60 feet, a minimum side yard of 25 feet, and a minimum rear yard of 50 feet.
Staff notes that if this petition is approved, the existing house which is used as an
office will be an approved non-conforming structure. Currently, the existing
house encroaches into the 25 feet setback on the western side of the property.
BUILDING HEIGHT
Article 12H.3.5 Section D.1 of the Northwest Fulton 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. It appears that the
applicant meets this requirement.
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. It appears that the applicant
has met this requirement.
Furthermore, Article 12H.3.1 Section C.1 of the Northwest Overlay District requires
a fifty (50) foot-wide undisturbed buffer and 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 notes that the applicant is
applying for two concurrent variances to delete the 50’ buffer and 10’
landscape strip on the east and west property lines. It is Staff’s opinion that the
site plan could be reconfigured in a manner to reduce the impact on required
landscape buffers. Therefore, Staff finds that the use as proposed on the site
plan is too intensive for the site and recommends Denial of Parts One and Two
VC09-01.
Prepared by the Community Development Department for the
Planning Commission Meeting on February 24, 2009
2/23/2009 Page 9 of 17
U09-01/VC09-01
The Public Works Department requires that the applicant relocate the property
entrance to the western side of the property. The relocation of this entrance
would allow for a portion of the concrete pad to be removed on the eastern
side of the property. If council desires to approve this use permit then staff
recommends that Part 1 of VC09-01 be approved along the west property line,
subject to the applicant removing portions of the concrete pad within the 50’
buffer and replanting the eastern side of the property to buffer standards.
PARKING REQUIREMENTS
The following chart illustrates the parking required by Article 18 of the City of
Milton Zoning Ordinance for the proposed use:
Proposed Use Minimum Requirement Spaces Provided
• General Office
(800 sq. ft.)
• Warehouse (3,000 sq. ft.)
Total
• 3 spaces per 1,000 sq. ft. of
building area (3 spaces)
• 1 space per 2,000 sq. ft. of
building area (2 spaces)
5 spaces required
• 6 spaces
6 spaces provided
Staff notes that the applicant is providing six (6) parking spaces, which meets
the required five (5) parking spaces required per Article 18 of the City of Milton
Zoning Ordinance. It also appears that the site plan is in compliance with the
landscape and layout requirements of Article 12H(2).4. Section B.6.
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 19.4.27 of the
Zoning Ordinance, the proposed development is consistent with the intent
and following policies of the Comprehensive Plan:
Prepared by the Community Development Department for the
Planning Commission Meeting on February 24, 2009
2/23/2009 Page 10 of 17
U09-01/VC09-01
• Encourage development consistent with the surrounding scale,
transition of densities and uses, and Comprehensive Plan policies,
where appropriate.
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 landscape business
may be compatible with other land uses in the surrounding area. Staff
notes that on November 17, 2008, Milton City Council approved a use
permit for a landscaping business at 13365 Arnold Mill Road (U08-06).
Location Parcel /
Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor
Area
West 1 (AG-1) Agricultural
Undeveloped
1-2 u/a
Northwest 2 (AG-1) Agricultural
Single-family home
1-2 u/a
Northwest 3 (AG-1) Agricultural
Single-family home
1-2 u/a
North 4 (AG-1) Agricultural
Single-family home
1-2 u/a
Northeast 5 (AG-1 Agricultural
Undeveloped
1-2 u/a
Further East 6 (AG-1) Agricultural
Sweet Apple Animal Hospital
1-2 u/a
East 7 (AG-1) Agricultural
Single-family home
1-2 u/a
Prepared by the Community Development Department for the
Planning Commission Meeting on February 24, 2009
2/23/2009 Page 11 of 17
U09-01/VC09-01
Prepared by the Community Development Department for the
Planning Commission Meeting on February 24, 2009
2/23/2009 Page 12 of 17
U09-01/VC09-01
C. Whether the proposed use may violate local, state and/or federal statutes,
ordinances or regulations governing land development;
The proposed use violates the City of Milton Zoning Ordinance because of
inadequate buffers on the eastern and western property lines.
D. The effect of the proposed use on traffic flow, vehicular and pedestrian,
along adjoining streets;
The proposed use will not generate a significant increase in traffic, but
Staff recommends that only one entrance be utilized at the western side
of the property based on site distance requirements along Arnold Mill
Road.
E. The location and number of off-street parking spaces;
Article 18.2.1 requires the applicant to provide a minimum of 3 parking
spaces per 1,000 square feet of office space. Additionally, Article 18.2.1
requires the applicant to provide 1 parking space per 2,000 square feet of
warehouse space. Article 19.4.10 requires the applicant to locate parking
outside of the minimum 60-foot front yard building setback. The
applicant’s site plan indicates six parking spaces which meets the
requirements set out by Article 18.2.1 and is located outside the 60-foot
front yard building setback.
F. The amount and location of open space;
The applicant’s site plan indicates that approximately one half of the
subject site is undeveloped. Staff notes that this open space is located
behind the stream which bisects the property approximately in the
middle. Staff is of the opinion that the proposed development will provide
adequate open space on the south side of the property, but with the
requested deletion of both 50’ buffers along the east and west property
lines, there is not sufficient open space.
G. Protective screening;
If developed in accordance with the requirements of the Zoning
Ordinance and the Northwest Fulton Overlay Zone, the buffer and
landscape strip requirements and the existing screening around the
structures will provide adequate screening for the proposed
development. As proposed by the applicant, the front half of the
property where the structures and parking are located do not provide the
required buffers as discussed in site plan considerations. It is Staff’s opinion
that there is too much development on the front half of the property
based on the required buffers and is inconsistent with nearby uses.
Prepared by the Community Development Department for the
Planning Commission Meeting on February 24, 2009
2/23/2009 Page 13 of 17
U09-01/VC09-01
H. Hours and manner of operation;
The applicant states that the hours of operation are from 7:30am to
6:00pm. The business is a full landscape, maintenance, and design
company. Equipment consists of mowers, leaf blowers, edgers, and
trimmers, which are stored in boxed trucks. This business has two box
trucks for lawn maintenance, two landscape trucks, two midsize pick up
trucks for sales and service, one bobcat, and one box trailer.
I. Streetscape 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 subject site’s required buffers, and existing
screening, will help mitigate the impact of any possible lights on the
adjacent properties. Staff notes that the applicant does not have any
plans for additional lighting on the property.
J. Ingress and egress to the property.
The applicant’s site plan indicates one curb cut on Arnold Mill Road. Staff
notes that there are two existing entrances to the property. The applicant
proposes to close one of these entrances due to the high volume of traffic
on Arnold Mill Road. Staff will require that the entrance on the east be
closed to provide ingress and egress on the most western portion of the
property.
SIGNAGE
Article 33 Section 21.C of the Milton Zoning Ordinance states, “Unless a more
restrictive setback is specified in conditions of zoning or otherwise in this Article,
all signs shall set back the greater of 10 feet from the right-of-way or 20 feet from
the edge of pavement if a private street and no sign shall project over the right-
of-way.” The applicant states that office and driveway placement along with
topography issues justify the sign variance request. Staff recommends DENIAL of
Part Three of VC09-01 due to the denial of the use permit.
ARBORIST
Site appears too small to meet the buffers required by zoning. Vegetation within
the western buffer was removed prior to submission as well as vegetation within
the 75’ non-impervious setback. Eastern portion of property was previously void
Prepared by the Community Development Department for the
Planning Commission Meeting on February 24, 2009
2/23/2009 Page 14 of 17
U09-01/VC09-01
of trees and is being used for parking and storage. Area of disturbance around
specimen pine tree appears to have been done so previously. Arborist does not
support the deletion of the buffers which would very much limit the uses of this
site.
PUBLIC INVOLVEMENT
On January 28, 2009 the applicant was present at the Community Zoning
Information Meeting held at the Milton City Hall. There was one person at the
meeting.
Public Comments – Staff has received no phone calls or e-mails regarding this
request.
City of Milton Design Review Board Meeting – February 4, 2009
• Front, and all side landscape strips shall be heavily planted with a mix of
evergreens, per the approval of the City of Arborist,
• The privacy fence shall be screened,
• Any fence visible from Arnold Mill Rd should be decorative (with brick or
stone columns.
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 update 7 business days
prior to the Mayor and City Council meeting.
Prepared by the Community Development Department for the
Planning Commission Meeting on February 24, 2009
2/23/2009 Page 15 of 17
U09-01/VC09-01
SPECIMEN TREE LOCATION MAP
Prepared by the Community Development Department for the
Planning Commission Meeting on February 24, 2009
2/23/2009 Page 16 of 17
U09-01/VC09-01
CONCLUSION
Staff finds that the proposed landscape business use might be compatible with
other uses in the surrounding area if all the buffer standards were met. However,
it is Staff’s opinion that the site plan could be reconfigured in a manner to
reduce the impact on required landscape buffers. Therefore, Staff finds that the
use as proposed on the site plan is too intensive for the site and recommends
DENIAL of U09-01 and DENIAL of Parts 1-3 of VC09-01.
The Public Works Department requires that the applicant relocate the property
entrance to the western side of the property. The relocation of this entrance
would allow for a portion of the concrete pad to be removed on the eastern
side of the property. If council desires to approve this use permit then staff
recommends that Part 1 of VC09-01 be approved along the west property line,
subject to the applicant removing portions of the concrete pad within the 50’
buffer and replanting the eastern side of the property to buffer standards.
Prepared by the Community Development Department for the
Planning Commission Meeting on February 24, 2009
2/23/2009 Page 17 of 17
U09-01/VC09-01
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be approved
USE PERMIT for a landscape business (Article 19.4.27.) 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) Landscape business within the existing house and warehouse at a
density of 2,246 square feet per acre or 3908.04 square feet which
ever is less.
2) To the owner’s agreement to abide by the following:
b) To the site plan received by the Milton Community Development
Department on January 8, 2009. 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 abide by the following requirements,
dedication and improvements:
a) Provide any turn lanes as may be required by GDOT.
b) Provide only one driveway location at the northwest end of the
property based upon best sight distance as approved by the
Director of Public Works and GDOT.
i. Entrance shall meet the Community Service Policies and
AASHTO guidelines, or be reconstructed to meet such
criteria, at the approval of the Transportation Engineer for
Milton and GDOT.
c) Close additional driveway and remove concrete within the Right of
Way located at the southeast end of the property.
RESOLUTION NO. 09______
STATE OF GEORGIA
COUNTY OF FULTON
A RESOLUTION AMENDING RESOLUTION NO. 09-02-77, A RESOLUTION TO CREATE A
COMMITTEE TO SERVE AS THE HIGHWAY 9 DESIGN GUIDELINE COMMITTEE FOR
POTENTIAL REVISION TO THE HIGHWAY 9 OVERLAY DISTRICT OF THE CITY OF
MILTON ZONING ORDINANCE BY ADDING COMMITTEE MEMBERS
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the __ day
of March ____, 2009 at 6:00 pm. as follows:
WHEREAS, the plan is being conducted and facilitated through City of Milton Community
Development Department and requires citizen involvement; and
WHEREAS. the Highway 9 Design Guideline Committee shall consist of 14 members of the
community to be nominated as follows: the City Council members and the Mayor shall each
nominate 2 members to the committee and with each such nominated member to be a resident or
business owner in the City Council Districts 4, 5, and 6; and
WHEREAS, the Chairman of City of Milton Design Review shall serve in an advisory capacity to the 9
Design Guideline Committee consistent with his/her term on the board; and
WHEREAS, staff of the City of Milton will facilitate the group meetings but shall hold no official
capacity of the committee; and
WHEREAS, all members of the group shall reside or own a business in the City of Milton and be at least
21 years of age; and
WHEREAS, each person nominated shall be confirmed by a majority vote of the City Council; and
WHEREAS, the Highway 9 Design Committee shall meet at regular intervals to review and revise,
where needed the current Highway 9 Overlay to incorporate design guidelines; and
WHEREAS, each member of the Highway 9 Design Guideline Committee shall perform such duties in a
volunteer capacity and not be compensated for any time or expenses associated with the acceptance of
appointment to this group; and
WHEREAS, the members of the Highway 9 Design Guideline Committee shall meet until their purpose
is completed; and
WHEREAS, should any member of the Highway 9 Design Guideline Committee be unable to fulfill their
duties, the elected official who made nomination of that group member shall nominate a new member to
be confirmed by a majority vote of the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON,
GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY COUNCIL.
RESOLVED this ______ day of March 2009.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
STATE OF GEORGIA RESOLUTION NO. ______
COUNTY OF FULTON
A RESOLUTION AMENDING RESOLUTION NO. 09-02-74, A RESOLUTION TO CREATE A
COMMITTEE TO SERVE AS THE HISTORIC PRESERVATION COMMITTEE FOR
DEVELOPMENT OF A HISTORIC PRESERVATION ORDINANCE FOR THE CITY OF MILTON
BY ADDING COMMITTEE MEMBERS
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the
______ of February 2009 at 6:00 pm. as follows:
SECTION 1. That (To Be Determined) (To Be Determined) (Mayor’s Appointments) is
hereby appointed for a term commencing ___________, 2009 and ending December 31,
2009; and
SECTION 2. That James Farris (District 1) is hereby appointed for a term commencing
February 2, 2009 and ending on December 31, 2009; and
SECTION 3. That (To Be Determined) (District 4) is hereby appointed for a term
commencing ____________ and ending on December 31, 2011; and
SECTION 4. That (To Be Determined) (District 6) is hereby appointed for a term
commencing ________ and ending on December 31, 2011; and
SECTION 5. That this Resolution shall become effective upon its adoption;
RESOLVED this _____ day of March, 2009.
Approved:
__________________________
Attest: Joe Lockwood, Mayor
_________________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
STATE OF GEORGIA RESOLUTION NO.
COUNTY OF FULTON
A RESOLUTION AMENDING RESOLUTION NO. 09-02-82, A RESOLUTION TO
CREATE A CITIZEN ADVISORY COMMITTEE FOR CITY OF MILTON CONCEPT
PLANS FOR THE INTERSECTIONS OF BIRMINGHAM AT PROVIDENCE AND
ARNOLD MILL AT NEW PROVIDENCE
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on
the ___day of March 2009 at 6:00 pm. as follows:
SECTION 1. That (To Be Determined) (District 1) is hereby appointed for a term
commencing ___________ and ending on December 31, 2009; and
SECTION 2. That Kevin O’Sullivan (District 3) is hereby appointed for a term
commencing February 18, 2009 and ending on December 31, 2011; and
SECTION 3. That this Resolution shall become effective upon its adoption.
RESOLVED this _____ day of March, 2009.
Approved:
__________________________
Joe Lockwood, Mayor
Attest:
_________________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: ML Marietta, Planning and Emergency Management Coordinator
Date: Submitted on February 12, 2009 for the Monday, March 12, 2009 Council
Meeting
Agenda Item: Approval for the Public Safety Department to join the several municipalities and
the State of Georgia in a grant application request to purchase field-reporting
hardware for Pre-Hospital Emergency Medical Service operations
City Manager’s Office Recommendation
Approve the participation of the City of Milton with the Georgia Department of Human
Resources Emergency Medical Services/Trauma Program in a multi-jurisdictional grant program
request to fund the purchase and deployment of a field-based reporting system for all pre-
hospital emergency care.
Background
Proper reporting and statistical recordkeeping in the provision of emergency medical services is
essential to enhancing the professionalism of local departments and the overall State program
which regulates such care. It allows the State and its political subdivisions (including the City of
Milton) to accurately describe the quality and type of EMS programs, how they are deployed
and how they can be improved. The equipment provided through this grant program will allow
our paramedics and EMTs in the field to record the manner of injury/sickness and the type of
care employed. It will then allow us to administratively compile the data and forward that
compilation to the State. The statistical information produced will allow the Fire Department to
better tailor its EMS program and will allow the State to produce a broad and accurate picture of
the quality of pre-hospital care offered in Milton and surrounding jurisdictions and alter our
approach as needed to best serve the community.
This program is already mandated, but the City of Milton uses a scantron-based paper system
to report. This would greatly increase our efficiency in reporting and render the dataset in a
much more malleable format.
Funding and Fiscal Impact
The grant request should coincide with the fire reporting program that the City has already
purchased. The grant will provide ruggedized laptops, wireless communication and printers to
support our already existing RMS. As a consequence, this program will not cost the City upon
deployment beyond our current expenses.
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
2
Alternatives:
The City may choose to not participate and continue to use paper-based reporting procedures.
However, the State has announced that it is going to stop “scanning-in” local jurisdiction’s
reports, so our work-hours will increase when this happens and we have to manually key in the
information on a monthly basis.
Concurrent Review:
Chris Lagerbloom, Interim City Manager
Robert Edgar, Interim Fire Chief
STATE OF GEORGIA RESOLUTION NO. ______
COUNTY OF FULTON
GRIEVANCE PROCEDURE FOR CONSTITUENT ADA COMPLAINT RESOLUTION
POLICIES AND PROCEDURES
ADA (Americans with Disabilities Act of 1990, as amended)
Nondiscrimination Policy
ADA prohibits discrimination on the basis of disability.
A RESOLUTION TO PROVIDE THE CONSTITUENTS OF THE CITY OF MILTON
AN ADA GRIEVANCE PROCEDURE TO RESOLVE CONCERNS AND COMPLAINTS
BASED ON DISABILITY
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on
the ____ of _________________ 2009 at 6:00 pm. as follows:
WHEREAS, The City of Milton does not discriminate on the basis of race, color, religion, sex,
national origin, age, or disability; and,
WHEREAS, it is the intent of The City of Milton to include persons of all abilities in every
aspect of community life, The City of Milton does not discriminate against qualified individuals
with disabilities on the basis of disability in its services, programs or activities; and,
WHEREAS, The City of Milton does not to discriminate on the basis of disability in its hiring or
employment practices; and,
WHEREAS, The City of Milton complies with all applicable provisions of The Americans with
Disabilities Act of 1990 (as amended) (“ADA”), a federal civil rights law; and,
WHEREAS, The City of Milton is a public agency that employs 50 or more persons, The City
of Milton is required to adopt and publish grievance procedures providing for the prompt and
equitable resolution of complaints alleging any action that is prohibited under those provisions of
the ADA which apply to The City of Milton.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MILTON GEORGIA that by the passage of this resolution, the City of Milton Mayor and the
City Council adopt this GRIEVANCE PROCEDURE FOR ADA COMPLAINT
RESOLUTION.
BE IT FURTHER RESOLVED that City of Milton Grievance Procedure for ADA complaint
resolution should be followed uniformly by all City of Milton staff, elected officials, and anyone
else representing the City of Milton. The Grievance Procedure should be available to all elected
officials, employees, contract employees, and volunteers.
RESOLVED this ______ day of _______________ 2009.
Approved:
__________________________
Attest: Joe Lockwood, Mayor
_________________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
City of Milton Grievance Procedure
For Handling ADA Disability Related Complaints from Constituents
1. Thank the complainant for contacting the City of Milton about his or her concerns.
2. Tell the complainant you are sorry that he or she has experienced difficulty and that you
will do your best to help them.
3. Confirm whether or not there is an emergency. If there is an emergency, follow standard
emergency procedures. If not, proceed with information gathering.
4. If the person describes the nature or circumstances of the complaint, politely listen to the
information, even if you do not agree with the allegation(s). IMPORTANT NOTE: If the
complainant is angry, tell yourself it is simply a situation which requires a professional
reaction. Separate your emotions from the situation, handle it directly with confidence,
and demonstrate a professional attitude and tone of voice.
5. Listen to the allegation(s) but do not comment upon the allegation(s), except to
apologize that he or she has experienced difficulty.
6. Do not make promises about what the City of Milton can or will do, other than advising
the complainant that the ADA Coordinator will contact him or her promptly, if he or she
will provide contact information.
7. Record the name, address, telephone number(s), and email address (optional) of the
complainant.
8. Advise the complainant that his or her contact information will be promptly provided to
the City’s ADA Coordinator, who is responsible for the City’s compliance with the ADA.
9. Provide the name and contact information of the ADA Coordinator, if requested.
10. Advise the complainant that an ADA grievance form is available to be completed by the
complainant. Offer to mail a form, and advise the complainant that the grievance form
will be forwarded to the ADA Coordinator upon completion.
11. ALSO; advise the person that in addition to the standard print form, Electronic Online,
Large Print, and Braille versions of the grievance form are available, and that if the
person would like assistance in completing the form, the ADA Coordinator will contact
them to make arrangements for completing the grievance form.
12. Tell the person the ADA Coordinator will contact them in a timely manner.
13. Contact your supervisor, the City Manager, or designee immediately and provide the
complainant’s information. (Supervisor, City Manager, or designee will contact the ADA
Coordinator and provide information.)
14. ADA Coordinator (or designee) will contact:
a. The complainant as soon as practicable, possibly within forty eight (48) hours,
but not later than fifteen (15) calendar days.
b. The department director or administrative designee where complaint originated.
c. Other as required or deemed necessary.
15. ADA Coordinator will:
a. Take appropriate steps to investigate the complaint;
b. Attempt to negotiate an informal resolution by coordinating the development of
resolution or reasonable accommodation(s) satisfactory to all parties.
16. ADA Coordinator will follow up on resolution or accommodation(s) as agreed.
17. All written complaints received by the ADA Coordinator, as well as all written appeals,
and the relative written responses shall be retained by the City of Milton for not less than
three years.
Who to Contact for Help:
• If you have questions or believe you have been discriminated against based on
disability, contact the City Manager’s Office, phone 678-242-2500.
• Copies of the Grievance Procedure in large print or alternative formats will be
made available upon request.
RESOLVED this day of
Approved:
______________________________
Joe Lockwood, Mayor of the City of Milton
Attest:
_______________________________
Jeanette R. Marchiafava, City Clerk
This form will be provided in large print or alternative format upon request. To request
an alternative format or help in completing the form, please call 678-242-2500.
STATE OF GEORGIA
FULTON COUNTY
CITY OF MILTON
GRIEVANCE COMPLAINT FORM
POLICIES AND PROCEDURES
ADA (Americans with Disabilities Act of 1990, as amended)
ADA Compliance Complaint Form:
To be completed by complainant.
Please provide us with your information by filling out this form completely in black ink or
type. Use additional sheets if necessary.
When this form is completed; please sign, date, and return to:
Office of the City Manager
City of Milton
13000 Deerfield Parkway, building 100, Suite 107 A/B
Milton GA 30004
If you have questions or need help completing this form, please call 678-242-2500
and ask for the Office of the City Manager.
Full Name:
Date this form is completed:
Complete Address:
Street
City
State
Zip code
Telephone: Day: Evening:
Email address:
Name of complainant’s representative (if different from the complainant).
Representative’s phone number: Day: Evening
Title/ Position:
This form will be provided in large print or alternative format upon request. To request
an alternative format or help in completing the form, please call 678-242-2500.
Date of the alleged occurrence or problem:
Date: Time: Location:
Did an injury occur? Yes or No (Circle one)
Explain.
Describe the incident or problem, including the person or persons you believe may have
discriminated. (Use additional sheets if necessary.)
Name of person completing this form.
Please print: full name:
Signature:
Date:
Date this form was received by the City of Milton:
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Dan Drake, Public Works Director
Date: February 13, 2009 for the March 2, 2009 Council meeting
Agenda Item: Approval for Street light acceptance agreement
Background:
City Staff met with the principal at Crabapple Crossing Elementary School as well as the School
Crossing Guard to discuss safety for children walking and biking to school. As a result of this
meeting and as a part of Safe Routes to School, the City of Milton requested new street lights on
Birmingham Highway to provide better visibility at the crosswalk for Crabapple Crossing
Elementary School.
Discussion:
Street lights will be installed at this location and an agreement will be signed with Georgia
Power to provide service if Council approves this contract. Staff presents agreement for consent
agenda for March 2 City Council meeting, per the City Charter requirements for a valid
contract.
Attachments:
Georgia Power Street Light Agreement
Concurrent Review:
Legal Review of street light agreement – Paul Higbee, Jarrard & Davis – 11/19/08
Outdoor Lighting Service - NESC @ Standard OEQWOlA& k
Ref# DWE# Lead # P6WER
DWE# MI11*@l>LI SOMI-*** Ref#
Customer's Name ("Customer"): City of Milton Tel #: (678) 242-251 1
Service Address ("Premises"): 12760 Birmingham Hwy
(Street Number and Name, City. State)
Milton, GA Zip Code: 30004
Mailing Address (If different): 13000 Deerfield Parkway - Suite 1076
(Slreet Number and Name, Clly. State)
Milton, GA Zip Code: 30004
SS#/ Tax ID: 51 -0608862 Acct# County: Fulton Region: Metro North
Type Customer: X Commercial Industrial q Residential X New Account q Customer Choice
Actlon : I=lnstall; KlJ=Remove; o=Dlxonnect;
1
Type of Business: Remarks : $ 150 charge for removing 3 existing fixtures
Action
I
-
New Account - Unreg Gov't
Street Lighting in front of the Crabapple Baptist Church and Crabapple Elementary School
Light Size (wattage) Description
400W HPS Mongoose
Fixtures
Initial Term of Agreement: I Months
Prepaid Lease Amount: $ 150.00 OBill XCollected
No.
Lamps
4
Current Estimated Monthly Charge for Outdoor Lighting Services : . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . , . . , . . . , . . $121.08
"The Regulated Energy Charge is subject to change at any time as dictated by the Georgia Public Service Commission.
Customer agrees to lease from Georgia Power Company ("GPC') the outdoor lighting equipment identified as Action"l" and/or "RC"
above (the "Equipment") in accordance with the terms and conditions on the back of this Agreement.
OH
UG
UG
Authorized Signatures of the "Parties": J Georgia Power :>=- ate slgnatuie William Canady U Date 1 1-25-08
Name Printed Account Executive
TiE Title
NESC is a federally registered trademark of IEEE
WH!TE - B~lllng CANARY - ODL Sales Person PINK--Cuslomel
Rate
U077
Type
Lamp
46
Lamp
Style
DF
Equipment
Amount
$63.48
Reg~iated"
Energy Amount
$57.60
Total Charge
$121.08
-
1. Outdoor Lishtinq Lease. GPC agrees to lease the Equipment to Customer, install the Equipment lor Customer's use at the Premises identified on the front ol thls
Agreement, and sell to Customer the energy ('Electric Service") necessary lor Equipment operation. Charges for the Electric Service shali be as set from llme to time by
the regulations and rate schedules of the Georgia Public Service Commission (incorporated by this reference). Customer acknowledges that the Equipment shall be. and
Shall remain. the exclusive personal property 01 GPC (notwithstanding that the Equipment is anached to real property) and that GPC has the option to remove the
Equipment trom the Premises at the termination of this Agreement.
2. Maintenance. GPC shall maintain the Equipment and shall bear the cost of routine repair or replacement of lamps, photocells. and similar components Customer.
however. Shall be responsible for GPC's cost of repairing or replacing any Equipment damaged by Customer or any third party. Customer shall notily GPC promptly ol . - - ~
any damage to the ~quipment or lighting outage.
3. Payment, Customer agrees to pay the Monthly Charge for Outdoor Lighting Services as billed. which shall be due and payable within 20 days of billing. In the event of a
partial payment. GPC shall first allocate the amount paid toward sat~sfaction ol Electric Sewice charges.
4. Term. The initial term of this Agreement shall be one month (or any longer "Initial Term ot Agreement" indicated on the front), calculated trom the date of the first monthly
bill ("Initial Term"). Thereatler, this Agreement shall automatically renew with the same terms and condiiions for successive one-month terms ("Renewal Term'), unless
either Party gives the other Pany at least 30 days' prior written notice of its desire to terminate this Agreemenl at the end of the Initial Term or the then-current Renewal
Term.
5. Access and Warranty ol Authoritv. During this Agreement's term, and for a reasonable time thereafter, Customer grants the right of access and a license to GPC, its
parent, affiliates and authorized contractors and their personnel (the "GPC Parties"). along with all necessary vehicles, machinery, tools and equlpment. lo enter
CustomeIs Premises to install. inspect, maintain, replace, repair, or remove the Equipment. The person signing this Agreement on behalf of Customer represents and
warrants to GPC that heishe has the power and authority to do so, and has ail rights and authonty necessary to assure the GPC Parlies' access to the Premises. The
individual executing this Agreement on behall of GPC warrants that he is authorized to execute this Agreement on behall ol GPC and to contractually bind GPC.
6. Installation. WiTh respect to the underground installation of the Equipment (whether underground electric distribution lacilities or poles) ("Facilities") on the Premises,
c~+tnmer warmnla that. . . . -. - . . - . - . . . - .
,a Tne slea oca gnaled lor Fac .I es lnsw iat~on s clear of a oustr~cl 3"s n In tnc cxcepl on of roc*) a propen) rlcs arc clear i anfl accurate!) mrrreo, anfl tnc
I la grade snal rar) no marc trlan s x ncnes lrom the grafle nnlcn cxlsteo at me I me tne kac. tles here nsta led Customer ass.mcs the 1 sk of tnr' preserlcc ot rack
or ar) na2amo.s cunol~on nnetner rnonil or .nknonn, toresecn or ""loreseer ano sna ocar tne cost ot rock or hazardous conflton 8cmo.a to a on nsla a1 an ol
Ine Fac 1 es I roc% na~ardo-s cond llon remora deia)s nsta a1 on. lne reasonao e oe a, cosls sna uc Dorne o) C~sto#ner .I GPC .s "nave to ~nsla.1 trlc Fac I es
n tne fles lea I mctrame fl.c lo rock or ha2aruo.s cono 1 ons C.stomer sha take no a'-. on ol an) r nfl. icga sr ulrlcrn se agllnsl GPC C.stoner sna I ocar a
costs 01 ate, nq ?nc Fac I I es or Eq.lpment tor chanqes req-estco D) C-slomer or fl ctated D) c rc~mstanccs aou conllt ons 0.1s 3e GPC s conlro
ID If C-stomer Cllooses 10 Penorm, e lncr fl real) or througn anclncr, an) pal of tne Fac tles nsta ar on ,lnc ud ng nllho-t m la1 on. trench ngt C-slomer narrants
lnal -s nofk shan meet GPC's nsta at on spec local ons nn.cn snal oe pro, loen to Customer and are ncorporatofl o) Ins rcterence :.stomer sna. ocar an) anfl a
rcasonao e afldl ona cons necess talcfl o, C.stomer s non camp, ance n tn GPC s spcc.1 cat ons or ar s ng lrorn lac* ol I me ) e 10 fla)s no1 cc to GPC tral
GPC's oortloo of the Facilities installalion can commence ~ -- 7~ ~ ~ ~~~ ~~-- ~~ ~ -
(c) It IS agreed belween the Paniesthat any damage to private utilities (including but not limited lo private gas tines. waler lines, and sewer lines) on the Premises no1
properly disclosed, identilied and marked by Customer shall not constitute negligence on the part of GPC; any loss or damage there lrom shall be the sole
rcsponsibility ol Customer.
7. Facilities Protection. Throughout the term of this Agreement, Cuslomer shall inform its personnel. contractors and any other person(s) pertormlng construction sewices
at the Premises (7hird Panies") of the presence d the Facilities. Customer shall require that all Third Parlies (or anyone dlgging in the Facilities' area) shall be
responsible lor providing notices and locate requests to the Utilities Protection Center and lor coordinating all activities with the Utiliies Protection Center and with all
utility laciliy owners or operators as may be required under the Georgia Utility Facility Protection Act (O.C.G.A. 5 25-9-1 el seq) or the High-voltage Safely Act (O.C.G.A.
5 46-3-30 el seq.), and any amendments to these Acts. As between Customer and GPC, Customer shall bear any and all costs (including repair costs) associated with
failure to satisfy the requirements of these laws and lor damages to the Facilities or Equipment caused by anyone other lhan the GPC Panies. IF THE FACILITIES ARE
DAMAGED, CUSTOMER SHALL NOTIFY GPC AS SOON AS POSSIBLE BY CALLING (888) 650-5890 to repan the location and type of damage.
8. SAFETY: NO WARRANTY. CUSTOMER ACKNOWLEDGES SOLE RESPONSIBILITY FOR THE SAFETY OF CUSTOMER'S PREMISES AND ACKNOWLEDGES
THAT GPC'S PERFORMANCE UNDER THlS AGREEMENT DOES NOT CONSTITUTE. AND SHALL NOT BE CONSTRUED AS AN ASSUMPTION OF. ANY
OBLIGATION OR DUTY TO ENSURE THE PREMISES' SAFETY. GPC MAKES NO COVENANT. WARRANTY OR REPRESENTATION OF ANY KlND
WHATSOEVER (INCLUDING. WITHOUT LIMITATION. WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABlLlNl REGARDING THE
9. TAX STATUS. CUSTOMER ACKNOWLEDGES THAT GPC HAS MADE, AND MAKES, NO REPRESENTATION OR WARRANTY OF ANY KlND REGARDING THE
INTERNAL REVENUE SERVICE'S TREATMENT OF THlS TRANSACTION OR THE STATUS OF THlS AGREEMENT UNDER ANY FEDERAL OR STATE TAX LAW.
IN ENTERING INTO THlS AGREEMENT, AND WITH RESPECT TO ALL MATTERS PERTAINING TO THlS AGREEMENT, CUSTOMER RELIES SOLELY ON ITS
OWN ADVISORS AND NOT ON GPC.
10 Oetault. Customer shall be in deiauit of this Agreement if any amount owed (whether for Monthly Charge for Outdoor Lighting Sewices, or charges under Sections 2 or 5
above) has not been pald within 60 days of billing. GPCs waver ol one or more past defaults shall not be deemed a waiver of any other default. II Customer is in
delault. GPC may, at its discretion, immediately terminate this Agreement. collect all past due amounts and the Equipment porlion oi the Monthly Charge tor Outdoor
Lighting Services for the Agreement's remaining lerm, remove the Equipment from the Premises, and seek any and all other remedies avamlabie at law or in equity.
11. Indemnity. No member, officlal or employee of Customer shall be personally liable to GPC or any successor in interest in the even1 of any default or breach by Customer
or for any amount which may become due to GPC or successor or on any obligation under the terms 01 this Agreement. Likewise, GPC's performance of services under
this Agreement shall not subject GPCs ~ndividual employees, ofticen or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim.
demand or suit shall be directed andior asserted only against GPC or Customer, respectively, and not against any employee, officer, director, or elected ar appointed
official.
12. Entire Asreement; Modillcation. This Agreement shall be governed by Georgia taw and is the complete and exclusive statement of the agreement between the Parties
regarding the Equipment. Any and all oral or wrinen representations. understandings, or agreements between the Parties with respect to the Equipment are merged inlo
and superseded by this Agreement. Any alleged prior dealings, usage of trade, course of dealing or course of performance shall not be used to explaln or supplement the
express terms of this Agreement. This Agreement shall not be amended or modified, and no walver of any provision in this Agreement shall be effective, unless set forth
in a wrlnen document executed by authorized representatives of both Parties.
13. Georqia Securitv, lmmiqration 8 ComDliance Act. It is the policy of the Customer that unauthorized aliens shall not be employed to perform work on Customer
contracts involving the physical performance of servlces. Therefore, the Customer shall not enter into a contract for the physical pertormance ol services within the State
of Georgia, unless GPC shall provide evidence on Customer -provided forms, attached hereto as Exhibits "A and "0". of its compliance wilh applicable state and lederai
law. The City Manager or hisiher designee shali be authorbred to conduct an inspection of GPCs and GPC's subcontractors' verification process to determine that the
verilicatian was correct and complete. GPC and GPC's subcontractors shall retain all documents and records ol its verification procoss for a period ol three (3) years
following campletion of the contract. This requirement shall apply to all contracts lor the physical pelformance of servlces where more than three (3) persMS are
employed on the Customer contract.
Compliance with the requirements 01 O.C.G.A. 5 13-10-91 and Rule 300-10-1-02 is mandatory.
GPC agrees that the emplayee-number category designated below is applicable to the contractor
X 500 or more employees - 100 or more employees Fewer than 100 employees -
GPC agrees that, in the event GPC employs or contrans with any subcontractor(s) in connectlon with this Agreement. GPC will secure lrom the subcontractor(s) such
subcontractor(s') indication of the above emptoyee-number category that is applicable to the subcontraclor.
GPCs compliance with the requirements of O.C.G.A. 5 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit
"A" The above requirements shali be in addition to the requirements of State and lederat law, and shall be construed to be in conformity with those taws.
Georgia Power Compa~iy
11 675 Wills Rd - Bldg # 1
Alpharetta, Georgia 30004
770-740-7660 fax 770-740-7670
INVOICE -
Customer \ / \
Customer Clty of Milton 1 1 /25/2008
Address ?mb=id --- Pkwy - Suite 1076 --- 86108200
City Milton State -- GA 30004 W. Canady
PHONE 678-242-257 Upon Receipt
-~~~~-~~p
Description
F?FFoval of 3-IOOW HI,, pressure Sod~um cobra
i
12760 Birmingham Hwy 1 Crabapple l Milton
i
I ~
All material to be leased from GA Power Comp. - ____------
Payment Details Shipping & Handling
PD
TOTAL
1 -- 1 pice Use Onb 1
Make checks payable to: Georgia Power Company
Questions - Please contact William Canady Q (770) 740-7660
INL-
J
v
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Dan Drake, Public Works Director
Date: February 13, 2009 for the March 2, 2009 Council meeting
Agenda Item: Approval of Task Orders and Change Orders
Background:
Staff presents task orders and change orders for March 2 City Council meeting, per the City
Charter requirements for a valid contract.
Background:
1. Gravel Roads Reconstruction Change Order #2 with Blount Construction Company, Inc.
with a total credit of -$29,958.00
2. Gravel Roads Reconstruction Change Order #3 with Blount Construction Company, Inc.
with a total credit of -$17,210.93
3. Task Order 09-KHA-04 from Kimley-Horn & Associates, Inc. (United Consulting) for
additional gravel road testing with a total cost of $9,492.21
4. Task Order 09-KHA-05 from Kimley-Horn & Associates, Inc. (KCI Technologies) for
gravel road construction inspection with a total cost of $5,305.05
Attachments:
1. Gravel Roads Reconstruction Change Order #2
2. Gravel Roads Reconstruction Change Order #3
3. Kimley-Horn & Associates, Inc. Task Order 09-KHA-04
4. Kimley-Horn & Associates, Inc. Task Order 09-KHA-05
AGREEMENT
City of Milton
CHANGE ORDER # 2 (08-PW3)
WHEREAS, the City of Milton, Georgia and Blount Construction Company, Inc.
have entered into a certain Agreement (the “Agreement”) dated October 7th, 2008, incorporated
herein by reference, for the provision of Gravel Roads Reconstruction; and
WHEREAS, the parties desire to issue a change order pursuant to Section 6 of
the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the
reasons and consideration set forth herein.
NOW THEREFORE, the parties hereto agree to change the Work described in
the Agreement as follows:
1. The following additional items are hereby added to or deleted from the Work described in
Exhibit “B” to the Agreement:
ITEM
NUMBER
ITEM
DESCRIPTION UNITS
ESTIMATED
QUANTITY
UNIT
PRICE
TOTAL
AMOUNT
Remove 318-3000 Aggregate Surface Course TN -488 $15.22 -$7,428.20
Add 301-2000 Cement Powder TN 52 $142.85 $7,428.20
Add 301-1000 Labor for Test Section EA 1 $0.00 $0.00
Remove 402-3131 Asphalt TN -231 $111.66 -$25,793.46
Remove 550-2180 Side drain LF -52 $56.80 -$2,964.54
Remove 550-3418 Flared End EA -2 $600.00 -$1,200.00
Total addition to original contract -$29,958.00
2. Delete Section 4 Contract Time and replace with:
This Contract shall take effect on October 7th 2008. Contractor agrees to complete the Project by
March, 31th 2009. Every effort will be made by Contractor to shorten this period.
3. It is agreed by the parties hereto that all of the other terms and conditions of the
Agreement, including all unamended portions, shall remain in full force and effect other than as
modified herein. Upon execution by all parties, this Change Order # 2 shall be attached to and
form a part of said Agreement.
IN WITNESS WHEREOF, the Parties have caused this Change Order # 2 to be executed and
sealed as of this, the ____ day of _________________, 20____.
CITY OF MILTON, GEORGIA
_______________________________ By:_____________________________________
Witness Title:___________________________________
(CORPORATE SEAL)
_______________________________
Notary Public
My Commission Expires:
_______________________________
(NOTARY SEAL)
BLOUNT CONSTRUCTION COMPANY, INC.
_______________________________ By:_____________________________________
Witness Title:___________________________________
(CORPORATE SEAL)
_______________________________
Notary Public
My Commission Expires:
_______________________________
(NOTARY SEAL)
AGREEMENT
City of Milton
CHANGE ORDER # 3 (08-PW3)
WHEREAS, the City of Milton, Georgia and Blount Construction Company, Inc.
have entered into a certain Agreement (the “Agreement”) dated October 7th, 2008, incorporated
herein by reference, for the provision of Gravel Roads Reconstruction; and
WHEREAS, the parties desire to issue a change order pursuant to Section 6 of
the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the
reasons and consideration set forth herein.
NOW THEREFORE, the parties hereto agree to change the Work described in
the Agreement as follows:
1. The following additional items are hereby added to or deleted from the Work described in
Exhibit “B” to the Agreement:
ITEM
NUMBER
ITEM
DESCRIPTION UNITS
ESTIMATED
QUANTITY
UNIT
PRICE
TOTAL
AMOUNT
Remove 318-3000 Aggregate Surface Course TN -4205 $15.22 -$63,996.80
Add 301-2000 Cement Powder TN 448 $142.85 $63,996.80
Add 301-1000 Labor EA 1 $0.00 $0.00
Add Task Order 09-KHA-03 -$7,718.72
Add Task Order 09-KHA-04 -$9,492.21
Total addition to original contract -$17,210.93
2. It is agreed by the parties hereto that all of the other terms and conditions of the
Agreement, including all unamended portions, shall remain in full force and effect other than as
modified herein. Upon execution by all parties, this Change Order # 3 shall be attached to and
form a part of said Agreement.
(Continued on Following Page)
IN WITNESS WHEREOF, the Parties have caused this Change Order # 3 to be executed and
sealed as of this, the ____ day of _________________, 20____.
CITY OF MILTON, GEORGIA
_______________________________ By:_____________________________________
Witness Title:___________________________________
(CORPORATE SEAL)
_______________________________
Notary Public
My Commission Expires:
_______________________________
(NOTARY SEAL)
BLOUNT CONSTRUCTION COMPANY, INC.
_______________________________ By:_____________________________________
Witness Title:___________________________________
(CORPORATE SEAL)
_______________________________
Notary Public
My Commission Expires:
_______________________________
(NOTARY SEAL)
PROFESSIONAL SERVICES
AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC.
DATED ___________________
TASK ORDER 09-KHA-04
ADDITIONAL GRAVEL ROAD TESTING
This TASK ORDER between the parties is entered into pursuant to the above referenced
AGREEMENT (RFQ #08-001), incorporated herein by reference, and shall serve as
authorization by the City of Milton to Kimley-Horn and Associates, Inc. (referred to
herein alternately as “Consultant” and “Kimley-Horn”) to perform the services described
herein pursuant to the terms and conditions, mutual covenants and promises provided
herein and in the AGREEMENT (RFQ #08-001). Now therefore, the parties agree as
follows:
Description of PROJECT:
The City of Milton recently had reconstruction work completed on approximately 2.6
miles of several of the City’s gravel roads, as hereinafter described, pursuant to an
agreement dated October 7, 2008 between the City and Blount Construction Company
(“Contractor”), Inc. (the “Road Agreement”). Consultant affirms that it has been
provided a complete copy of the fully executed Road Agreement. There are issues with
the Roads’ new surfaces. The Contractor has recommended alternatives for improving the
gravel road surfaces.
Description of Professional Services:
Project Management/Meetings with City of Milton
KHA and its subconsultant will meet with the City of Milton to discuss the
recommendations by Blount Construction for improving the referenced gravel roads from
the previously placed aggregate base. Meetings may also be held to discuss various
testing procedures and observation services. The KHA team will respond to various
questions from the citizens affected by the referenced gravel roads as needed.
Site Monitoring
The KHA team will perform a detailed analysis of the referenced gravel roads and
provide recommendations for repairs prior to the cement stabilization. The KHA team
will provide an experienced field technician to monitor the 1,000 foot long test strip
proposed by Blount Construction along Nix Road. The technician will monitor the
soil/cement procedure to be used by the Contractor. Testing will be performed in the field
to determine compaction using conventional ASTM methods. During the test strip
construction, the technician will verify compacted thickness of six (6) inches is being
achieved.
Documentation
A report will be prepared documenting recommendations for repairs before soil cement
stabilization would be undertaken. Documentation will also be provided regarding
compaction test results for the test strip.
Design Specifications and Guidelines
The CONTSULTANT shall coordinate the proposed services with any proposed
construction plans and within the project limits.
This TASK ORDER is subject to the terms and conditions of the original CONTRACT
AGREEMENT (RFQ #08-001) entered between the parties.
General Scope of Service:
The WORK under this TASK ORDER is to be commenced upon CONSULTANT’S
receipt from the City of a written “Notice to Proceed” (NTP) for each phase. The WORK
will be completed within 150 calendar days after Notice to Proceed.
The CONSULTANT shall prepare a schedule showing milestone completion dates based
on completing the WORK within 150 calendar days (hereinafter referred to as the
“Schedule for Completion”), excluding City review time. The Schedule for Completion
will be revised to reflect the actual NTP date and will be updated as required throughout
the project’s duration.
Every 30 days commencing with the execution of this TASK ORDER, the
CONSULTANT shall submit to the City a written report which shall include, but not be
limited to, a narrative describing actual work accomplished during the reporting period, a
description of problem areas, current and anticipated delaying factors and their impact,
explanations of corrective actions taken or planned, and any newly planned activities or
changes in sequence (hereinafter referred to as “Narrative Report”). No invoice for
payment shall be submitted and no payment whatsoever will be made to the
CONSULTANT until the Schedule for Completion, and the completion of Narrative
Reports are updated and submitted to the City. In no event shall payment be made by the
City to the CONSULTANT more often than once every 30 days.
The CONSULTANT shall coordinate and attend periodic meetings with the CITY
regarding the status of the TASK ORDER. The CONSULTANT shall submit to the City
transmittals of all correspondence, telephone conversations, and minutes of project
meetings.
The CONSULTANT agrees that all reports, plans, drawings studies, specifications,
estimates, maps, computations, computer diskettes and printouts and any other data
prepared under the terms of this TASK ORDER shall become the property of the City.
This data shall be organized, indexed, bound and delivered to the City no later than the
advertisement of the PROJECT for letting. The City shall have the right to use this
material without restriction or limitation and without compensation to the
CONSULTANT.
The CONSULTANT shall be responsible for the professional quality, technical accuracy,
and the coordination of all designs, drawings, specifications, and other services furnished
by or on behalf of the City pursuant to this TASK ORDER. The CONSULTANT shall
correct or revise, or cause to be corrected or revised, any errors or deficiencies in the
designs, drawings, specifications, and other services furnished for this TASK ORDER.
All revisions shall be coordinated with the CITY prior to issuance. The CONSULTANT
shall also be responsible for any claim, damage, loss or expense that is attributable to
errors, omissions, or negligent acts related to the designs, drawings, and specifications
pursuant to this TASK ORDER.
The fee shall be paid as provided in the CONTRACT AGREEMENT; however,
CONSULTANT agrees that fees are earned pursuant to the WORK performed, which in
no event shall exceed the amount set forth in the attached Fee Schedule.
Attachments:
Attachment A – Fee Schedule
CITY OF MILTON: CONSULTANT:
By: __________________________ By: ________________________________
Title:_________________________ Title:_______________________________
Name:________________________ Name:______________________________
Date: ________________________ Date: ______________________________
Attachment A – Fee Schedule
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PROFESSIONAL SERVICES
AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC.
DATED ___________________
TASK ORDER 09-KHA-05
GRAVEL ROAD CONSTRUCTION INSPECTION
This TASK ORDER between the parties is entered into pursuant to the above referenced
AGREEMENT (RFQ #08-001), incorporated herein by reference, and shall serve as
authorization by the City of Milton (referred to herein as “City”) to Kimley-Horn and
Associates, Inc. (referred to herein alternately as “Consultant” and “Kimley-Horn”) to
perform the services described herein pursuant to the terms and conditions, mutual
covenants and promises provided herein and in the AGREEMENT (RFQ #08-001). Now
therefore, the parties agree as follows:
Description of PROJECT:
The City of Milton recently had reconstruction work completed on approximately 2.6
miles of several of the City’s gravel roads, (the “Roads,” as hereinafter described and as
described in the Road Agreement) pursuant to an agreement dated October 7, 2008 (the
“Road Agreement”) between the City and Blount Construction Company , Inc. (the
“Contractor”). Consultant affirms that it has been provided a complete copy of the fully
executed Road Agreement. There are issues with the Roads’ new surfaces. The City
evaluated a test section and the City is now prepared to begin cement stabilization on the
Roads’.
Description of Construction Inspection Services:
Kimley-Horn and their subconsultant, KCI Technologies, shall provide construction
inspection services to the City. The Consultant shall utilize procedures, methods,
standards and document activities as for construction supervision and inspection of a
Georgia Department of Transportation (GDOT) project.
Construction inspectors shall maintain daily records that record weather conditions,
contractor activities, contractor representatives present, locations where work is being
performed, and other site related details. Inspectors shall inspect materials being placed
on roadway and complete pay item reports as needed or required by Road Agreement.
Inspectors shall also monitor contractor activities, traffic control, weather, and other
conditions that affect work being preformed. This shall include on-site inspection of work
to ensure that the work being performed meets Road Agreement specifications. Typical
items that are inspected during base construction shall be to note the materials being
placed on roadway, mixing of materials, rolling and preparation of material, depth
checks, and making sure roadway meets the cross section per Road Agreement.
Based on Consultant’s understanding of the process described by the City, the inspector
shall also observe and document contractor spread rates for cement to ensure that
application rates are within tolerances established in the Road Agreement. Moisture
checks shall also be monitored.
The Consultant recommends that the actual density/compaction test rates should be one
per 1500 feet as required for materials to meet minimum GDOT specifications.
Consultant would not perform materials testing. Testing may be performed by a soil and
materials testing firm. Some items a geotechnical lab would be responsible for could
include compaction testing, mix design for the material, moisture checks and possibly
strength tests (Cores usually taken after 7 days).
Consultant’s construction inspector shall be able to monitor proof rolling of the finished
section to determine if compaction was adequate in advance of any test performed by the
testing consultant. The Consultant has construction inspectors that are familiar with
subgrade and base construction available to begin work immediately.
Documentation
Consultant shall provide the City a copy of all documentation collected, tested, and
recorded by the construction inspector.
Project Management
Kimley-Horn will manage its subconsultant and will coordinate tasks with the City. The
Kimley-Horn team will respond to various questions on the process and procedures for
the cement stabilization of the Roads as needed.
Design Specifications and Guidelines
The CONTSULTANT shall coordinate the proposed services with any proposed
construction plans and within the project limits.
This TASK ORDER is subject to the terms and conditions of the original CONTRACT
AGREEMENT (RFQ #08-001) entered between the parties.
General Scope of Service:
The WORK under this TASK ORDER is to be commenced upon CONSULTANT’S
receipt from the City of a written “Notice to Proceed” (NTP) for each phase. The WORK
will be completed within 150 calendar days after Notice to Proceed.
The CONSULTANT shall prepare a schedule showing milestone completion dates based
on completing the WORK within 150 calendar days (hereinafter referred to as the
“Schedule for Completion”), excluding City review time. The Schedule for Completion
will be revised to reflect the actual NTP date and will be updated as required throughout
the project’s duration.
Every 30 days commencing with the execution of this TASK ORDER, the
CONSULTANT shall submit to the City a written report which shall include, but not be
limited to, a narrative describing actual work accomplished during the reporting period, a
description of problem areas, current and anticipated delaying factors and their impact,
explanations of corrective actions taken or planned, and any newly planned activities or
changes in sequence (hereinafter referred to as “Narrative Report”). No invoice for
payment shall be submitted and no payment whatsoever will be made to the
CONSULTANT until the Schedule for Completion, and the completion of Narrative
Reports are updated and submitted to the City. In no event shall payment be made by the
City to the CONSULTANT more often than once every 30 days.
The CONSULTANT shall coordinate and attend periodic meetings with the CITY
regarding the status of the TASK ORDER. The CONSULTANT shall submit to the City
transmittals of all correspondence, telephone conversations, and minutes of project
meetings.
The CONSULTANT agrees that all reports, plans, drawings studies, specifications,
estimates, maps, computations, computer diskettes and printouts and any other data
prepared under the terms of this TASK ORDER shall become the property of the City.
This data shall be organized, indexed, bound and delivered to the City no later than the
advertisement of the PROJECT for letting. The City shall have the right to use this
material without restriction or limitation and without compensation to the
CONSULTANT.
The CONSULTANT shall be responsible for the professional quality, technical accuracy,
and the coordination of all designs, drawings, specifications, and other services furnished
by or on behalf of the City pursuant to this TASK ORDER. The CONSULTANT shall
correct or revise, or cause to be corrected or revised, any errors or deficiencies in the
designs, drawings, specifications, and other services furnished for this TASK ORDER.
All revisions shall be coordinated with the CITY prior to issuance. The CONSULTANT
shall also be responsible for any claim, damage, loss or expense that is attributable to
errors, omissions, or negligent acts related to the designs, drawings, and specifications
pursuant to this TASK ORDER.
The fee shall be paid as provided in the CONTRACT AGREEMENT; however,
CONSULTANT agrees that fees are earned pursuant to the WORK performed, which in
no event shall exceed the amount set forth in the attached Fee Schedule.
Attachments:
Attachment A – Fee Schedule
CITY OF MILTON: CONSULTANT:
By: __________________________ By: ________________________________
Title:_________________________ Title:_______________________________
Name:________________________ Name:______________________________
Date: ________________________ Date: ______________________________
Attachment A – Fee Schedule
2/13/2009 2:48 PM X:\Public Works\Admin\OnCall\Kimley Horn\Gravel Rd Testing\Fee Schedule Gravel Rds 021309 Page 1 of 1City of MiltonGravel Road Testing09-KHA-03Totals
2009:KHA:PrjMgr
2009:KCI:FullDayInsp
ector
2009:KCI:HalfDayInsp
ector
2009:KCI Veh
Totals$5,305.05$880.42 $2,587.50 $1,423.13 $414.00Project Management$880.42$880.42Construction Inspection$4,424.63$2,587.50 $1,423.13 $414.00