HomeMy WebLinkAbout11-21-11 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
Joe Longoria
Alan Tart
Monday, November 21, 2011 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Chaplain Remco Brommett, Chaplain for City of Milton Police and Fire
CALL TO ORDER
1) ROLL CALL
2) PLEDGE OF ALLEGIANCE (Led by the Mayor)
3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 11- 247)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the November 7, 2011 Regular Council Minutes.
(Agenda Item No. 11- 248)
(Sudie Gordon, City Clerk)
2. Approval of the November 14, 2011 Work Session Minutes.
(Agenda Item No. 11- 249)
(Sudie Gordon, City Clerk)
MILTON CITY COUNCIL REGULAR MEETING AGENDA NOVEMBER 21, 2011
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.
3. Approval of Financial Statements for the Period Ending February, 2011.
(Agenda Item No. 11- 250)
(Stacey Inglis, Finance Director)
4. Approval of a Contract with Mauldin & Jenkins, LLC to Audit the City’s Financial
Statements for the Fiscal Year Ending September 30, 2011.
(Agenda Item No. 11- 251)
(Stacey Inglis, Finance Director)
5. Approval of a Professional Services Agreement between the City of Milton and Tunnell,
Spangler & Associates, Inc. for the Purpose of Providing Professional Planning Services
for the Crabapple Area.
(Agenda Item No. 11- 252)
(Kathleen Field, Community Development Director)
6) REPORTS AND PRESENTATIONS (None)
7) FIRST PRESENTATION
1. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to
Amend Chapter 38 to Adopt the Personnel Policies of the City of Milton Outlined in
Chapter 38 as a Policy Resolution, rather than as an Ordinance Enactment.
(Agenda Item No. 11- 253)
(Ken Jarrard, City Attorney)
2. Approval of an Ordinance to Ratify and Convert to Ordinance Form a Prior Resolution of
the Council Regarding a Prepaid Wireless 9-1-1 Wireless Charge.
(Agenda Item No. 11- 254)
(Ken Jarrard, City Attorney)
3. Approval of an Ordinance to Amend Appendix A, Fees and Other Charges of the Milton
City Code.
(Agenda Item No. 11- 255)
(Stacey Inglis, Finance Director)
8) PUBLIC HEARING
ALCOHOL BEVERAGE LICENSE APPLICATIONS
1. Approval of the Issuance of an Alcohol Beverage License to Boga Group, LLC, d/b/a
Boga Taqueria located at 12890 Highway 9, Suite 180, Milton, Georgia 30004. The
Applicant is Medardo Briceno for Consumption on Premises – Wine and Malt Beverages.
(Agenda Item No. 11- 256)
(Stacey Inglis, Finance Director)
MILTON CITY COUNCIL REGULAR MEETING AGENDA NOVEMBER 21, 2011
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.
9) ZONING AGENDA
1. U11-02/VC11-04 – 12830 New Providence Road
Applicant: Inner Quest Church - A request to expand the existing 3,800 square foot
church to add a new building consisting of an 8,320 square foot sanctuary for a total of
12,120 square feet within 2 buildings with a total of 224 seats. The applicant is also
requesting a 4 part concurrent variance for the following:
1) To reduce the 75 foot undisturbed buffer and 10 foot improvement setback along
the west property line where the existing parking lot encroaches to a 25 foot
undisturbed buffer and 10 foot improvement setback (64-1141(3)(b.));
2) To reduce the 75 foot undisturbed buffer and 10 foot improvement setback along
the north property line where the existing and proposed parking encroach to a 25
foot undisturbed buffer and 10 foot improvement setback (64-1141(3)(b));
3) To allow a 5 over 12 roof pitch (64-1146(3)(a));
4) To increase the front setback from 30 feet from the landscape strip to 250 feet
(64-1145(3) (b)).
(Agenda Item No. 11- 241)
(First Presentation on November 7, 2011)
(Kathleen Field, Community Development Director)
2. RZ-11-18 – To create Article VI, Division 26, of the Zoning Ordinance (Chapter 64 of
the City Code) – H (Historic) District.
(Agenda Item No. 11- 242)
(First Presentation on November 7, 2011)
(Discussed at Work Session on November 14, 2011)
(Kathleen Field, Community Development Director)
10) UNFINISHED BUSINESS
1. Approval of the Annual Re-enactment of the Ordinance Approving and Establishing the
Regulation of Solid Waste Collection Services within the City of Milton, and Providing
for the Scope and Nature of the Operation of Such Services.
(Agenda Item No. 11- 240)
(First Presentation on November 7, 2011)
(Matt Marietta, Fire Marshal)
MILTON CITY COUNCIL REGULAR MEETING AGENDA NOVEMBER 21, 2011
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.
11) NEW BUSINESS
1. Approval of A Resolution Amending Resolution No. 09-11-110, A Resolution
Appointing A Member To The City Of Milton Design Review Board For District 1.
(Agenda Item No. 11- 257)
(Councilmember Karen Thurman)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 11- 258)
The minutes will be
Provided
electronically
City of Milton
13000 Deerfield Parkway Suite 107G Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Director
Date: November 21, 2011 City Council Meeting
Agenda Item: Financial Status Report for Period 5 – February 2011
OVERVIEW and FINANCIAL HIGHLIGHTS:
General Fund
Revenue collections for the General Fund are 10.1% higher than anticipated for the fifth period
of the fiscal year. This is due mainly to the prior year property tax collections being well above
what is expected for this time of the year.
Total expenditures to‐date are $5,553,971 and are 5.9% 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 $9,540,001, capital expenditures‐to‐date total $2,599,832.
FINANCIAL OPERATIONS:
Tree Replacement Fund: Balance: $12,325
Sidewalk Replacement Fund: Balance: $80,308
1 of 9
City of Milton
STATEMENT OF REVENUES & EXPENDITURES
General Fund
For the Period Ending February 2011
Actual Budgeted
Variance
over/(under)Actual Budgeted
Variance
over/(under)
Property Tax 8,607,691 115,972 93,700 22,272 1,156,790 937,000 219,790
Motor Vehicle Tax 450,000 39,815 37,500 2,315 171,933 150,000 21,933
Intangible Tax 160,000 16,581 13,333 3,247 74,537 53,333 21,204
Real Estate Transfer Tax 37,000 2,133 3,083 (951) 11,197 12,333 (1,136)
Franchise Fees 1,700,000 376,515 340,000 36,515 670,007 595,000 75,007
Local Option Sales Tax 3,540,000 292,709 295,000 (2,291) 1,163,768 1,091,500 72,268
Alcohol Beverage Excise Tax 280,000 18,027 23,333 (5,306) 89,272 93,333 (4,061)
Business & Occupation Tax 550,000 65,397 82,500 (17,103) 112,028 91,667 20,362
Insurance Premium Tax 850,000 - - - - - -
Financial Institution Tax 26,000 14,083 24,700 (10,617) 14,083 24,700 (10,617)
Penalties & Interest 59,000 8,160 5,767 2,393 24,953 28,633 (3,680)
Alcohol Beverage Licenses 150,000 12,150 15,000 (2,850) 136,500 135,000 1,500
Other Non-Business Permits/Licenses 15,750 1,550 1,313 238 4,496 6,563 (2,067)
Zoning & Land Disturbance Permits 23,000 3,425 1,917 1,508 6,610 9,583 (2,973)
Building Permits 75,000 21,852 6,250 15,602 65,261 31,250 34,011
Intergovernmental Revenue - - - - - - -
Other Charges for Service 318,000 25,650 22,750 2,900 103,482 132,500 (29,018)
Municipal Court Fines 502,500 29,315 41,875 (12,560) 153,609 209,375 (55,766)
Interest Earnings 15,000 3,080 1,250 1,830 15,324 6,250 9,074
Contributions & Donations - - - - - - -
Other Revenue 37,802 1,000 - 1,000 40,299 37,802 2,497
Other Financing Sources - - - - - - -
Total Revenue 17,396,743 1,047,413 1,009,271 38,142 4,014,149 3,645,823 368,326
Actual Budgeted
Variance
over/(under)Actual Budgeted
Variance
over/(under)
Mayor and Council 166,912 11,481 11,331 151 65,229 69,774 (4,545)
Clerk of the Council 224,741 17,788 17,558 230 86,729 92,004 (5,274)
City Manager 297,343 23,076 21,864 1,211 112,386 119,823 (7,437)
General Administration 548,694 41,868 45,725 (3,857) 247,459 270,385 (22,925)
Finance 517,011 30,969 49,104 (18,136) 185,784 184,986 798
Legal 240,000 6,933 20,000 (13,067) 35,804 60,000 (24,196)
Information Technology 525,571 39,921 30,247 9,674 204,826 224,991 (20,164)
Human Resources 238 606 16 059 18 576 (2 518)86 913 97 605 (10 692)
Revenue Annual Budget
Current Month Year-to-Date
Operating Expenditures Annual Budget
Current Month Year-to-Date
Human Resources 238,606 16,059 18,576 (2,518) 86,913 97,605 (10,692)
Risk Management 175,621 12,212 14,635 (2,423) 67,136 73,175 (6,039)
General Government Buildings - 1,125 - 1,125 20,000 - 20,000
Public Information & Marketing 85,371 5,573 6,627 (1,054) 31,448 34,889 (3,442)
Municipal Court 226,604 15,443 17,595 (2,152) 86,369 92,615 (6,245)
Police 2,524,380 188,402 196,947 (8,545) 968,015 1,032,040 (64,024)
Fire 4,196,653 313,831 327,271 (13,440) 1,712,074 1,716,676 (4,602)
EMS Operations 136,881 11,021 11,407 (386) 55,104 57,034 (1,930)
Public Works 1,513,980 165,242 123,350 41,892 473,692 626,884 (153,192)
Parks & Recreation 357,374 29,400 28,540 860 101,597 147,169 (45,572)
Community Development 652,724 54,555 50,484 4,071 281,786 266,495 15,292
Debt Service - Capital Lease Payment 716,543 - 716,543 (716,543) 716,541 716,543 (2)
Operating Transfers to Other Funds 3,918,284 - - - 15,076 15,668 (592)
Operating Reserve 133,450 - - - - - -
Total expenditures 17,396,743 984,899 1,707,804 (722,905) 5,553,971 5,898,754 (344,783)
Net Income/(Loss)62,515 (1,539,822)
2 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Milton Roundup Vendor Fee -$ -$ 1,050$ 1,050$
Milton Roundup Sponsor 10,000 - 2,000 (8,000)
Contributions & Donations 2,000 - - (2,000)
Interest Revenues - - - -
T-shirt Sales 500 - 126 (374)
Mayor's Run 2,000 441 441 (1,559)
Total revenues 14,500$ 441$ 3,617$ (10,883)$
EXPENDITURES
Current:
Special Events 49,500$ 1,800$ 22,820$ 26,680$
Total Expenditures 49,500$ 1,800$ 22,820$ 26,680$
OTHER FINANCING SOURCES (USES)
Transfers in from Hotel/Motel Tax Fund 35,000$ 3,726$ 14,232$ (20,768)$
Total other financing sources and uses 35,000$ 3,726$ 14,232$ (20,768)$
Net change in fund balances -$ (4,971)$
Fund balances - beginning 44,203
Fund balances - ending -$ 39,232$
City of Milton
Special Events Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2011
3 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Cash Confiscations -$ -$ -$ -$
Interest Revenues - 8 25 25
Budgeted Fund Balance 2,800 - - (2,800)
Total revenues 2,800$ 8$ 25$ (2,775)$
EXPENDITURES
Current:
Police 2,800$ -$ -$ 2,800$
Total Expenditures 2,800$ -$ -$ 2,800$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$
Net change in fund balances -$ 25$
Fund balances - beginning - 7,520
Fund balances - ending -$ 7,545$
City of Milton
Confiscated Assets Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2011
4 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Wireless 911 Fees 700,000$ 38,695$ 232,540$ (467,460)$
Total revenues 700,000$ 38,695$ 232,540$ (467,460)$
EXPENDITURES
Current:
Public Safety 627,787$ -$ 277,988$ 349,799$
Total Expenditures 627,787$ -$ 277,988$ 349,799$
OTHER FINANCING USES
Unallocated 72,213$ -$ -$ (72,213)$
Total other financing sources and uses 72,213$ -$ -$ (72,213)$
Net change in fund balances -$ (45,448)$
Fund balances - beginning - 340,333
Fund balances - ending -$ 294,885$
City of Milton
E-911 Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2011
5 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
SAFER Grant 50,032$ -$ 15,076$ (34,956)$
Total revenues 50,032$ -$ 15,076$ (34,956)$
EXPENDITURES
Current:
General Administration 3,350$ -$ -$ 3,350
Fire 128,153 - 30,152 98,001
Public Works - - - -
Community Development - - - -
Total Expenditures 131,503$ -$ 30,152$ 101,351$
Excess of revenues over expenditures (81,471) - (15,076) 66,395
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 81,471$ -$ 15,076$ (66,395)$
Total other financing sources and uses 81,471$ -$ 15,076$ (66,395)$
Net change in fund balances - -
Fund balances - beginning 3,423
Fund balances - ending -$ 3,423$
City of Milton
Operating Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2011
6 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Taxes
Hotel/Motel Taxes 35,000$ 3,726$ 14,232$ (20,768)$
Total revenues 35,000$ 3,726$ 14,232$ (20,768)$
OTHER FINANCING SOURCES/(USES)
Transfers out to General Fund -$ -$ -$ -$
Transfers out to Special Events Fund 35,000 3,726 14,232 49,232
Total other financing sources and uses 35,000$ 3,726$ 14,232$ 49,232$
Net change in fund balances - -
Fund balances - beginning - -
Fund balances - ending -$ -$
City of Milton
Hotel/Motel Tax Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2011
7 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Charges for Service
Infrastructure Maintenance Fee 65,000$ 5,159$ 17,494$ (47,506)$
Landfill Host Fees 155,000 - 18,026 (136,974)
Tree Recompense 12,625 - - (12,625)
HYA Fees 20,000 - - (20,000)
Interest Revenue 2,000 - - (2,000)
Realized Gain or Loss on Investments 2,000 - - (2,000)
Sidewalk Replacement Account 70,558 - 9,750 (60,808)
Total revenues 327,183 5,159$ 45,269$ (281,914)$
EXPENDITURES
Capital Outlay
City Council 425,000$ 1,326,650$ 1,395,550$ (970,550)$
General Admin 15,000 - - 15,000
Finance 44,475 - 10,334 34,141
IT 46,000 7,133 28,463 17,537
Police 212,613 - 22,660 189,953
Fire 463,688 - 74,544 389,144
Public Works 6,136,118 82,648 1,004,176 5,131,942
Parks & Recreation 1,857,798 7,565 63,552 1,794,246
Community Development 339,309 - 553 338,757
City of Milton
Capital Project Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2011
Total Capital Outlay 9,540,001$ 1,423,996$ 2,599,832$ 6,940,169$
Excess of revenues over expenditures (9,212,818) (1,418,837) (2,554,562) (7,222,083)
OTHER FINANCING SOURCES/(USES)
Transfers in from General Fund 3,598,573$ -$ -$ (3,598,573)$
Unallocated (98,933) - - 98,933
Budgeted Fund Balance 5,713,178 - - (5,713,178)
Total other financing sources and uses 9,212,818 - - (9,212,818)
Net change in fund balances - (2,554,562)
Fund balances - beginning 5,940,006
Fund balances - ending -$ 3,385,444$
8 of 9
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
Assistant to Firefighters Grant -$ 23,004$ 23,004$ 23,004
GDOT HPP Funds 3,365,794 20,582 20,582 (3,345,212)
LCI Funds 100,000 - - (100,000)
GA Urban Forestry Grant 20,000 - - (20,000)
MARTA Grant 613,000 184,418 284,418 (328,582)
Interest Revenues - - - -
Total revenues 4,098,794$ 228,004$ 328,004$ (3,770,790)$
EXPENDITURES
Capital Outlay
Public Works 4,473,608$ 83,645$ 399,914$ 4,073,694$
Community Development 150,000 - - 150,000
Total Capital Outlay 4,623,608$ 83,645$ 399,914$ 4,223,694$
Excess of revenues over expenditures (524,814) 144,359 (71,909) 452,905
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 238,240$ -$ -$ (238,240)$
Budgeted Fund Balance 286,574 - - (286,574)$
Total other financing sources and uses 524,814$ -$ -$ (524,814)$
Net change in fund balances - (71,909)
Fund balances - beginning 880,161
City of Milton
Capital Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended February 28, 2011
Fund balances - ending -$ 808,252$
9 of 9
City of Milton
13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Director
Date: November 21, 2011 Council Meeting
Agenda Item: Approval of a Contract with Mauldin & Jenkins, LLC to Audit the City’s Financial
Statements for the Fiscal Year Ending September 30, 2011.
CMO (City Manager’s Office) Recommendation:
The Staff’s recommendation is to approve the attached contract with Mauldin & Jenkins, LLC to
audit the City’s financial statements for the fiscal year ending September 30, 2011.
Background:
According to O.C.G.A. 36-81-7, we are required to have an annual audit of the financial affairs
and transactions of all funds and activities of the City. On December 7, 2006, the proposal from
Mauldin & Jenkins, LLC was approved by Mayor and Council. This included a three-year
contract for external auditing services for fiscal years 2007-2009 and the option of extending the
contract for two years. We have chosen to extend the contract for two years. This is the final
year.
Discussion:
The contract before you details the scope of services Mauldin & Jenkins, LLC will provide the
City. As part of the engagement, they will audit the financial statements of the governmental
activities, each major fund, and the required supplementary information. They will also provide a
report on internal controls related to the financial statements and compliance with laws,
regulations, and the provisions of contracts or grant agreements.
Furthermore, the agreement also details the scope of services Mauldin & Jenkins, LLC will
provide the City in regards to our compliance with the expense of the 9-1-1 funds we have
received. They will certify and attest to the accuracy of the Annual Report of 9-1-1 Collections
and Expenditures for the year ended September 30, 2011.
Alternatives:
None.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, Attorney
October 6, 2011
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 year ended September 30, 2011. 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 of America provide for certain required supplementary information (RSI), such as
management’s discussion and analysis (MD&A), to supplement the City’s basic financial
statements. Such information, although not a part of the basic financial statements, is required
by the Governmental Accounting Standards Board who considers it to be an essential part of
financial reporting for placing the basic financial statements in an appropriate operational,
economic, or historical context. As part of our engagement, we will apply certain limited
procedures to the City’s RSI in accordance with auditing standards generally accepted in the
United States of America. These limited procedures will consist of inquiries of management
regarding the methods of preparing the information and comparing the information for
consistency with management's responses to our inquiries, the basic financial statements, and
other knowledge we obtained during our audit of the basic financial statements. We will not
express an opinion or provide any assurance on the information because the limited procedures
do not provide us with sufficient evidence to express an opinion or provide any assurance. 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 comparison for the General Fund.
We have also been engaged to report on supplementary information other than RSI that
accompanies the City’s financial statements. We will subject the following supplementary
information to the auditing procedures applied in our audit of the financial statements and certain
additional procedures, including comparing and reconciling such information directly to the
underlying accounting and other records used to prepare the financial statements or to the
financial statements themselves, and other additional procedures in accordance with auditing
standards generally accepted in the United States of America and will provide an opinion on i t in
relation to the financial statements as a whole:
1. Schedule of expenditures of federal awards.
2. Combining and individual fund statements.
The following other information accompanying the 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 not provide an opinion or any assurance:
1. Introductory section
2. Statistical section
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 supplementary information
referred to in the second paragraph when considered in relation to the financial statements as a
whole. The objectives also includes reporting 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 in accordance with Government
Auditing Standards.
Internal control related to major programs and an opinion (or disclaimer of opinion) on
compliance with laws, regulations, and the provisions of contracts or grant agreements
that could have a direct and material effect on each major program in accordance with the
Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local
Governments, and Non-Profit Organizations.
The reports on internal control and compliance will each 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, specific legislative or regulatory bodies, federal awarding
agencies, and if applicable, pass-through entities and is not intended to be and should not be used
by anyone other than these specified parties.
Our audit will be conducted in accordance with auditing standards generally accepted in the
United States of America; the standards for financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States; the Single Audit Act
Amendments of 1996; and the provisions of OMB Circular A-133, and will include tests of
accounting records, a determination of major program(s) in accordance with OMB Circular A-
133, and other procedures we consider necessary to enable us to express such opinions and to
render the required reports. If our opinions on the financial statements or the Single Audit
compliance opinions are other than unqualified, we will 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.
Management Responsibilities
Management is responsible for the basic financial statements and all accompanying information
as well as all representations contained therein. Management is also responsible for identifying
government award programs and understanding and complying with the compliance
requirements, and for preparation of the schedule of expenditures of federal awards in
accordance with the requirements of OMB Circular A-133. As part of the audit, we will assist
with preparation of your financial statements, schedule of expenditures of federal awards, and
related notes. You are responsible for making all management decisions and per forming all
management functions relating to the financial statements, schedule of expenditures of federal
awards, and related notes and for accepting full responsibility for such decisions. You will be
required to acknowledge in the management representation letter our assistance with preparation
of the financial statements and the schedule of expenditures of federal awards and that you have
reviewed and approved the financial statements, the schedule of expenditures of federal awards,
and related notes prior to their issuance and have accepted responsibility for them. 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 into a working trial balance based on management’s
chart of accounts and trial balances as provided by you.
Management is responsible for establishing and maintaining effective internal controls, including
internal controls over compliance, and for evaluating and monitoring ongoing activities, to help
ensure that appropriate goals and objectives are met and that there is reasonable assurance that
government programs are administered in compliance with compliance requirements. You are
also responsible for the selection and application of accounting principles; 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 and cash flows, where applicable, in
conformity with U.S. generally accepted accounting principles; and for compliance with
applicable laws and regulations and the provisions of contracts and grant agreements.
Management is also responsible for making all financial records and related information
available to us and for ensuring that management and financial information is reliable and
properly recorded. Your responsibilities also include identifying significant vendor relationships
in which the vendor has responsibility for program compliance and for the accuracy and
completeness of that information. Your 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 or illegal acts 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. Additionally, as required by OMB Circular A-133, it is management's responsibility
to follow up and take corrective action on reported audit findings and to prepare a summary
schedule of prior audit findings and a corrective action plan. The summary schedule of prior
audit findings should be available for our review subsequent to the start of fieldwork. You are
responsible for the preparation of the supplementary information in conformity with U.S.
generally accepted accounting principles. You agree to include our report on the supplementary
information in any document that contains and indicates that we have reported on the
supplementary information. You also agree to include the audited financial statements with any
presentation of the supplementary information that includes our report thereon.
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 financial audits, attestation engagements, performance audits or other 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, attestation engagements, performance audits, or
other studies. You are also responsible for providing management’s views on our current
findings, conclusions, and recommendations, as well as your planned corrective actions, for the
report, and for the timing and format for providing that information.
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.
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.
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 or noncompliance 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 or major programs.
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,
and of any material abuse that comes to our attention. We will include such matters in the
reports required for a Single Audit. 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 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 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.
As required by OMB Circular A-133, we will perform tests of controls over compliance to
evaluate the effectiveness of the design and operation of controls that we consider relevant to
preventing or detecting material noncompliance with compliance requirements applicable to each
major federal award program. However, our tests will be less in scope than would be necessary
to render an opinion on those controls and, accordingly, no opinion will be expressed in our
report on internal control issued pursuant to OMB Circular A-133.
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, Government Auditing Standards, and OMB Circular A-133.
Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of
material misstatement, we will perform tests of the City of Milton, Georgia’s compliance with
applicable laws and regulations and the provisions of contracts and agreements, including grant
agreements. However, the objective of those procedures will not be to provide an opinion on
overall compliance and we will not express such an opinion in our report on compliance issued
pursuant to Government Auditing Standards.
OMB Circular A-133 requires that we also plan and perform the audit to obtain reasonable
assurance about whether the auditee has complied with applicable laws and regulations and the
provisions of contracts and grant agreements applicable to major programs. Our procedures will
consist of tests of transactions and other applicable procedures described in the OMB Circular A-
133 Compliance Supplement for the types of compliance requirements that could have a direct
and material effect on each of the City of Milton's major programs. The purpose of these
procedures will be to express an opinion on the City of Milton's compliance with requirements
applicable to each of its major programs in our report on compliance issued pursuant to OMB
Circular A-133.
Other Attestation Services
Our annual examination will also be conducted to provide for attestation on certain management
assertions in accordance the American Institute of Certified Public Accountant’s (AICPA’s)
Statement on Standards for Attestation Engagements (SSAE) No. 3, Compliance Attestation, as
amended. The objective of our reports will be to examine management’s assertion about
Milton’s compliance with regards to 9-1-1 funds being expended in accordance with the
expenditure requirements specified in the Official Code of Georgia Annotated (OCGA), Section
46-5-134. Our responsibility will be to express an opinion on management’s assertion about
Milton’s compliance based on our examination. Our report will include a statement that the
report is intended for the information and use of the Georgia Department of Audits and Accounts
and Milton’s management and is not intended to be and should not be used by anyone other than
these specified parties.
Audit Administration, Fees, and Other
We understand that your employees will prepare all cash or other confirmations we request and
will locate any documents selected by us for testing.
At the conclusion of the engagement, we will complete the appropriate sections of the Data
Collection From that summarizes our audit findings. It is management’s responsibility to submit
the reporting package (including financial statements, schedule of expenditures of federal
awards, summary schedule of prior audit findings, auditors’ reports, and corrective action plan)
along with the Data Collection Form to the federal audit clearinghouse. We will coordinate with
you the electronic submission and certification. If applicable, we will provide copies of our
report for you to include with the reporting package you will submit to pass-through entities.
The Data Collection Form and the reporting package must be submitted within the earlier of 30
days after receipt of the auditors’ reports or nine months after the end of the audit period, unless
a longer period is agreed to in advance by the cognizant or oversight agency for audits.
We will provide copies of our reports to the City of Milton, Georgia; however, management is
responsible for distribution of the reports and financial statements. Unless restricted by law or
regulation, or containing privileged and confidential information, copies of our reports are to be
made available for public inspection.
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, pass-through entity, 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.
We expect to begin our audit on approximately January 23, 2012 and to issue our reports no later
than March 31, 2012. Adam Fraley is the engagement partner and is responsible for supervising
the engagement and signing the reports or authorizing another individual to sign them. Our fee
for these services is based on the time required by the individuals assigned to the engagement,
plus direct expenses. Our hourly rates vary according to the degree of responsibility involved
and the experience level of the personnel assigned to your audit. Our invoices for these fees will
be rendered as work progresses and are payable upon presentation.
As a result of our prior or future services to you, we might be requested or required to provide
information or documents to you or a third party in a legal, administrative, arbitration, or similar
proceeding in which we are not a party. If this occurs, our efforts in complying with such
requests will be deemed billable to you as a separate engagement. We shall be entitled to
compensation for our time and reasonable reimbursement for our expenses (including legal fees)
in complying with the request. For all requests we will observe the confidentiality requirements
of our profession and will notify you promptly of the request.
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 2008 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:
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Kathleen Field, Director
Date: November 1, 2011 - for the Council Meeting of November 21, 2011
Agenda Item: Contract with the Firm of Tunnell, Spangler & Associates, Inc. for the Purpose
of Providing Professional Planning Services for the Crabapple Area
Background:
Upon completion of the recent Crabapple Vision Plan, it has been determined that a
form-based overlay zone should be developed for the purpose of implementing this
Plan. The firm of Tunnell, Spangler & Associates, Inc., regional experts in form-based
zoning ordinances, has the required expertise to provide the professional services
needed for such a task.
Discussion:
The work to be completed under this Agreement (the “Work”) is referenced in the Contract as
Exhibit “A”. Key tasks to be completed under this contract include:
Undertake issue identification and analysis;
Develop for community review and input, a draft Code and Regulating Plan; and,
Subsequent to review and comment, provide a final Draft SmartCode and Regulating Plan.
Assisting with this initiative will be a representative Stakeholder Committee.
Legal Review:
Paul Higbee, Jarrard & Davis on October 31, 2011.
Attachments:
“Exhibit A”
/nom
City of Milton
PROFESSIONAL SERVICES AGREEMENT
CRABAPPLE FORM -BASED CODE OVERLAY ZONE
This Agreement made and entered into this Sj� day of 0cTpC3E`2 , in the year 2011, by and
between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of
business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Tunnell, Spangler & Associates, Inc.
("Consultant") having its principle place of business at 1389 Peachtree Street, NE, Ste. 200, Atlanta, GA 30309.
WHEREAS, the City of Milton will require certain professional public works services beginning on
November, 3, 2011; and
WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts
of $30,000.00 or less; and
WHEREAS, the City has determined that this Agreement constitutes such professional services;
NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties
agree as follows:
1.0 Scope of Work; Compensation
The Consultant agrees to provide all Services specified in Exhibit "A," attached hereto and incorporated herein
by reference, for the compensation described therein. No payments will be made for unauthorized work.
Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval.
Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered.
City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's
certification that the services were actually performed and costs actually incurred in accordance with this
Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be
paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work,
setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus
charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a
lump sum fee of $29,500 (the "Contract Price") without prior written approval from the City. Consultant shall
take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it
cannot perform the Work within the budgetary limitations established without disregarding sound principles of
Consultant's industry, Consultant will give written notice thereof immediately to the City.
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2.0 Independent Contractor
2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or
representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all
permits, license or approvals that may be necessary for the performance of the services.
2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has
the authority to bind the other to any third person or otherwise to act in any way as the representative of the
other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not
to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to
do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose
stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the
Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent
of the City.
3.0 Indemnification
The Consultant covenants and agrees to take and assume all responsibility for the services rendered in
connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly
resulting to it on account of the performance or character of the services rendered pursuant to this Agreement.
Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and
appointed officials, employees and agents from and against any and all claims, suits, actions, liability,
judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result
of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services,. or
operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or
sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether
or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be
construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would
otherwise exist as to any party or person described in this provision. In any and all claims against the City or
any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or
indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -
consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any
way by any limitation on the amount or type of damages, compensation or benefits payable by or for the
Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or
other employee benefit acts. Consultant shall not be required to indemnify the City or its officers, boards,
commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses,
or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused
by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed
officials, employees or agents. This obligation to indemnify and defend the City, its members, officers, agents,
employees and volunteers shall survive termination of this Agreement.
4.0 Insurance
(1) Requirements:
The Consultant shall have and maintain in full force and effect for the duration of this
Agreement, insurance insuring against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the Work by the
Consultant, its agents, representatives, employees or sub -consultants. All policies shall be
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subject to approval by the City Attorney to form and content. These requirements are
subject to amendment or waiver if so approved in writing by the City Manager.
(2) Minimum Limits of Insurance:
Consultant shall maintain limits no less than:
(a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for
bodily and personal injury, sickness, disease or death, injury to or destruction of property,
including loss of use resulting there from.
(b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000
combined single limit per occurrence for bodily and personal injury, sickness, disease or
death, injury to or destruction of property, including loss of use resulting there from.
(c) Professional Liability of $1,000,000 limit for claims arising out of professional services
caused by the Consultant's errors, omissions, or negligent acts.
(d) Workers' Compensation limits as required by the State of Georgia and employers
Liability limits of 51,000,000 per accident.
(3) Deductibles and Self -Insured Retentions:
Any deductibles or self-insured retentions must be declared to and approved by the City.
(4) Other Insurance Provisions:
The policy is to contain, or be endorsed to contain, the following provisions:
(a) General Liability and Automobile Liability Coveraee.
(i) The City, its officials, employees, agents and volunteers are to be covered as
insured as respects: liability arising out of activities performed by or on behalf of
the Consultant; products and completed operations of the Consultant; premises
owned, leased, or used by the Consultant; automobiles owned, leased, hired, or
borrowed by the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the City, its officials, employees, agents or
volunteers.
(ii) The Consultant's insurance coverage shall be primary noncontributing insurance
as respects to any other insurance or self-insurance available to the City, its
officials, employees, agents or volunteers. Any insurance or self-insurance
maintained by the City, its officials, employees or volunteers shall be excess of
the Consultant's insurance and shall not contribute with it.
(iii) Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its officials, employees, agents or volunteers. —
(iv) Coverage shall state that the Consultant's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
(v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable
in addition to policy limits. There shall be no cross liability exclusion.
(vi) The insurer agrees to waive all rights of subrogation against the City, its officials,
employees, agents and volunteers for losses wising from work performed by the
Consultant for the City.
(vii) All endorsements to policies shall be executed by an authorized representative of
the insurer.
(b) Workers' Compensation Coverage.
The insurer will agree to waive all rights of subrogation against the City, its officials, employees,
agents and volunteers for losses arising from work performed by the Consultant for the City.
(c) All Coverages.
(i) Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, reduced in coverage or in
limits except after ten (10) days prior written notice has been given to the City.
(ii) Policies shall have concurrent starting and ending dates.
(5) Acceptability of Insurers:
Insurance is to be placed with insurers with an A.M. Bests' rating of no less than ANII.
(6) Verification of Coverage:
Consultant shall furnish the City with certificates of insurance and endorsements to the policies
evidencing coverage required by this clause prior to the start of work. The certificates of
insurance and endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be
on a form utilized by Consultant's insurer in its normal course of business and shall be received
and approved by the City prior to execution of this Agreement by the City. The City reserves the
right to require complete, certified copies of all required insurance policies, at any time. The
Consultant shall provide proof that any expiring coverage has been renewed or replaced at least
two (2) weeks prior to the expiration of the coverage.
(7) Sub -consultants:
Consultant shall include all sub -consultants as insured under its policies or shall furnish separate
certificates and endorsements for each sub -consultant. All coverage for sub -consultants shall be
subject to all of the requirements stated in this Agreement, including but not limited to naming
the parties as additional insured.
(8) Claims -Made Policies:
Consultant shall extend any claims -made insurance policy for at least six (6) years after
termination or final payment under the Agreement, whichever is later. The city understands that
the consultant must renew its policy annually. The consultant will promptly
notify the city if they drop coverage or change to an occurrence based coverage.
(9) City as Additional Insured and Loss Pavee:
The City shall be named as an additional insured on all policies required by this Agreement.
5.0 Term; Termination
The term of this Agreement shall be from November 3, 2011 and shall terminate absolutely and without further
obligation on the part of the City on December 31, 2011, provided that this Agreement, absent written notice of
non -renewal provided by the City to Consultant at least thirty (3 0) days prior to December 31, 2011, shall
automatically renew on January 1, 2012 to December 31, 2012. The City may terminate this Agreement upon a
breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such
breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies,
materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City.
6.0 Compliance with All Laws and Licenses
The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The
Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its
performance under this Agreement.
7.0 Assignment
The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of
Milton's prior written consent.
8.0 Amendments in Writing
No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized
representatives of the parties.
9.0 Expertise of Consultant
Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that
the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite
capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and
competent completion of the Work undertaken by Consultant under this Agreement.
10.0 Governing Law
This Agreement shall be governed in all respects by the laws of the State of Georgia.
5
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11.0 Interpretation of Documents
In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions
most favorable to the City shall govern.
12.0 Entire Agreement
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter
contained herein; all prior agreements, representations, statements, negotiations, and undertakings are
suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained
herein.
13.0 Waiver of Agreement
The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be
construed as a general waiver of any future breach or default.
14.0 Sovereign Immunity
Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any
individual's qualified good faith or official immunities.
15.0 Notices
All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be
deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the
postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual
delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless
a substitute address shall first be famished to the other Parties by written notice in accordance herewith:
NOTICE TO THE CITY shall be sent to:
City Manager
City of Milton
13000 Deerfield Parkway, Suite 107F
Milton, Georgia 30004
NOTICE TO THE CONSULTANT shall be sent to:
Caleb Racicot
Tunnell, Spangler & Associates, Inc.
1389 Peachtree Street, NE, Ste, 200
Atlanta, GA 30309
16.0 No Personal Liability
No member, official or employee of the City shall be personally liable to the Consultant or any successor in
interest in the event of any default or breach by the City or for any amount which may become due to the
n
6
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Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's
performance of services under this Agreement shall not subject Consultant's individual employees, officers or
directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit
shall be directed and/or asserted only against Consultant or the City, respectively, and not against any
employee, officer, director, or elected or appointed official.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly
authorized officers as of the day and year set forth next to each signature.
Approved as to form:
City Attorney
TUNNELL, SPANGLER & AS$eCfATES, INC:
Signature: n
Printed Name: (�(;.�.p� PC, (,.t Ce) -c—
Title: 5f M3 -A eky741,
[AFFIX CORPORATE SEAL]
SIGNED, SEALED, AND DELIVERED
in the presence of:
otarylie
IVORY SEAL]
ELIZABETH Pues-
NOTARI eLl� c
State of Georgia
My Comm. Expires June t, 2014
[SIGNATURES CONTINUED ON THE FOLLOWING PAGE]
CITY OF MILTON:
By:
Its:
[CITY SEAL]
SIGNED, SEALED, AND DELIVERED
in the presence of:
Witness
Notary Public
[NOTARY SEAL]
My Commission Expires:
PROPOSAL FOR CRABAPPLE FORM-BASED CODE
& LIVABLE CENTERS INITIATIVE SERVICES
City of Milton
Submitted by: Tunnell-Spangler-Walsh & Associates
October 19, 2011
Contact:
Caleb Racicot, AICP
Tunnell-Spangler-Walsh & Associates
1389 Peachtree Street NE, Ste 200
Atlanta, GA 30309
404/873-6730
cracicot@tunspan.com
Exhibit “A”
Submitted to: CITY OF MILTON
Submitted by: Tu NNELL -S pAN g LE r-WALS h & ASSOCIATES
C r ABA pp LE FO r M-BASED CODE & LCI pr O p OSAL
October 19, 2011
OvErvIEW
The Tunnell-Spangler-Walsh & Associates (TSW) Team is pleased to sub-
mit our proposal for preparing a form-based code and grandfathered Liv-
able Centers Initiative (LCI) study for the Crabapple area of the City of
Milton. We are a full service planning, architecture, and landscape architec-
ture firm with approximately 20 full-time employees. Maintaining a small
office size allows our principals to be hands-on in every aspect of a project
and allows for more multidisciplinary collaboration. We work throughout
the Southeast and in the Caribbean on projects ranging from downtown
studies to mixed-use developments to large planned communities. We are
committed to developing sustainable places for future generations through
a community planning and design process that links tradition and context
with today’s cultural and environmental demands. Central to this process is
an approach thoroughly grounded in the principles of New Urbanism.
TSW believes that our form-based coding and LCI program experience
makes us uniquely qualified to assist the City of Milton in moving the vi-
sion of the Crabapple Visioning Study from vision to reality. Caleb Racicot,
proposed Project Manager for this effort, has personally prepared nearly 20
LCI studies, including grandfathered efforts, and is very familiar with pro-
gram requirements. In addition, he has prepared nearly a dozen form-based
codes across the region, including several locally calibrated SmartCodes.
This puts us in a unique position to assist the City in determining the pros
and cons of each, as well as their applicability.
In addition to our zoning experience, we believe that our leadership in lo-
cal planning and design will be invaluable. We have designed many of the
region’s most well-known new-urbanist or “smart growth” communities,
including Glenwood Park in Atlanta, Vickery in Cumming, Woodstock
Downtown in Cherokee County, and dozens more. We have also provided
planning, coding services, and design review for cities as diverse as Atlanta,
Covington, Hapeville, Woodstock, Buford, Suwanee, and Monroe. We have
received numerous awards for our work, including a 2007 Georgia Plan-
ning Association Award for a SmartCode calibration in Cherokee County.
Most important to the process, however, is our leadership in stakeholder
outreach for public and private projects. The proposed project manager,
Caleb Racicot, has facilitated over 100 public workshops and community
charrettes in his ten years at TSW. He and his staff understand the key role
of public input, particularly when issues as important as zoning are being
considered. He recognizes that failing to adequately engage the public and
gain their support can make or break a project.
Vickery
Forsyth County, GA
Woodstock Downtown
Woodstock, GA
Clark’s Grove
Covington, GA
Submitted to: CITY OF MILTON
Submitted by: Tu NNELL -S pAN g LE r-WALS h & ASSOCIATES
C r ABA pp LE FO r M-BASED CODE & LCI pr O p OSAL
October 19, 2011
FOrM-BASED CODE ApprOACh
Six to eight months
The following process is proposed for preparing a SmartCode for the Cra-
bapple area of Milton. Based on TSW’s understanding of the Crabapple
vision, we believe a locally-calibrated SmartCode could best codify it.
Said code not only offers the level of specificity needed to address the ar-
ea’s physical layout, the character of development, Transfer Development
Rights (TDR), and the preservation of place, but it also financially prudent
because it uses a proven model code as its starting point.
Because the SmartCode focuses more on community design than it does
architectural style, the TSW Team includes Lew Oliver to provide archi-
tectural design support. In this capacity, Mr. Oliver will provide visioning
continuity and architectural guidance for the SmartCode. This will be es-
sential to enhance the quality of buildings beyond what has been provided
by the existing 2003 Crabapple Crossroads Overlay.
Task One: Issue Identification
Two months
This task will review recent planning efforts and existing regulations in the
Crabapple area, and solicit stakeholder feedback on them. This shall serve
as the basis for the draft code and regulating plan identified in Task Two.
Initial Team Meeting - Meet with City staff to review the effort and
finalize the approach.
Existing Statutory Review - Gather and review existing regulations,
policies, and projects in the area. The purpose of this shall be to iden-
tify elements that could be included in the proposed code, such as new
streets, multi-use trails, open spaces, and similar features.
3. Existing Form Inventory - Conduct an inventory of existing form in
the area, especially historic structures. This will include quantifying
setbacks, building heights, sidewalk widths, lot size, lot coverage, etc.
Desired Form Analysis - Review the Crabapple Visioning Study and
quantify the metrics within it.
5. Stakeholder Committee Creation - Establish a code review com-
mittee to guide the code revision process. Elected officials and major
property owners should be encouraged to join.
6. Interviews - Conduct one day of interviews. At a minimum, these shall
include developers, landowners, city officials and staff, and residents.
1.
2.
4.
The plan envisions a vibrant streetscape
along Crabapple Road
The preservation of historic resources is
also central to the existing vision
The visioning plan includes a series of
implicit intensity zones and lot-by-lot
metrics
Submitted to: CITY OF MILTON
Submitted by: Tu NNELL -S pAN g LE r-WALS h & ASSOCIATES
C r ABA pp LE FO r M-BASED CODE & LCI pr O p OSAL
October 19, 2011
7. Stakeholder Committee Meeting #1 - Present the Task One findings
and solicit comments on items to include in the code.
Task Two: Draft Code and Regulating Plan
Two to three months
During this Task TSW will convert the vision of Task One and the Draft
Code Elements of Task Two into a draft ordinance with supporting maps.
8. Draft Code V.1 - Prepare the locally calibrated SmartCode. In addition
to standard elements, such as zones, building heights, setbacks, use,
parking, etc., the code shall also incorporate the following:
Specific overall district density considerations, to the extent de-
sired by the City of Milton.
Transfer of Development Rights (TDR).
Customized thoroughfare and greenway sections, per the Crabap-
ple Visioning Study.
Architectural standards, which should be prepared based on guid-
ance from the project architect.
9. Draft Regulating Plan V.1 - Prepare a Regulating Plan showing the
district and any location-specific requirements. These may include
thoroughfare locations, greenway trails, density sub-areas/T-Zones,
public spaces, pedestrian ways, TDR Sending and Receiving areas,
and other geographically-specific elements.
Note: The TSW Team will approximate the intent of the visioning study
using City-provided GIS data to “trace” the charrette plan.
10. Stakeholder Committee Meeting #2 - Present the Draft Code V.1
and Regulating Plan V.1 to the committee and answer general ques-
tions about it. The committee shall then have an opportunity to take
the code home and review it in detail.
11. Stakeholder Committee Meeting #3 - After the code review commit-
tee has had time to thoroughly review the draft materials, a meeting
will be held to discuss any concerns or suggested changes.
12. Code and Regulating Plan Revisions - Meet with City of Milton staff
to present and discuss public comments. Revise accordingly and pre-
pare Draft Code V.2 and Draft Regulating Plan V.2.
Task Three: Milton Approval Process
Three months
During this task TSW will work with the City of Milton to finalize the code.
At a minimum this will include:
i.
ii.
iii.
iv.
D R A W I N G B Y J A M E S W A S S E L L
T1
T3
T4
T5
T6
T2
Submitted to: CITY OF MILTON
Submitted by: Tu NNELL -S pAN g LE r-WALS h & ASSOCIATES
C r ABA pp LE FO r M-BASED CODE & LCI pr O p OSAL
October 19, 2011
13. Joint Development Review Boar/Planning Commission Work Ses-
sion - Present the Draft Code V.2 and Regulating Plan V.2 for review
and comment.
14. Revise Code and Regulating Plan - Prepare Draft Code V.3 and Reg-
ulating Plan V.3.
15. Community Zoning Information Meeting - Present Draft Code V.3
and Regulating Plan V.3 for review and comment.
16. Joint Development Review Board/Planning Commission Meeting
- Present Draft Code V.3 and Regulating Plan V.3 for approval.
17. Revise Code and Regulating Plan - Prepare Final Draft Code and
Regulating Plan.
18. Council Work Session - Present Draft Code V.4 and Regulating Plan
V.4 for review and comment. Make any changes requested.
19. Council Meeting - Present Final Draft Code and Regulating Plan for
adoption.
Deliverables
As part of this TSW shall provide the following:
Issues Analysis Report, which shall summarize items 2 through 6 (digi-
tally and with sufficient printed copies for stakeholder committee mem-
bers and City staff)
Draft SmartCode V.1-V.4 (digitally; printed copies shall be provided by
the City of Milton)
Draft Regulating Plan V.1-V.4 (digitally; one poster-size printed copy,
printed copies shall be provided by the City of Milton)
Final Draft SmartCode and Regulating Plan (digitally, and with the type
and number of printed copies identified for drafts above)
PowerPoint Presentations (digitally)
CrABAppLE LCI ApprOACh
Two months (can be concurrent with coding)
The following process is proposed for grandfathering the Crabapple Vision-
ing Study as an LCI study. Based on TSW’s review, it appears that the fol-
lowing will be required to bring it into compliance with the LCI program:
A description of how the study addresses LCI program deliverables.
A market analysis that supports the plan recommendations and ensures
•
•
•
•
•
•
•
Concurrent with the master plan an
analysis of existing zoning was con-
ducted
5th St
W.Broadway St MainSt7th St
5th St
8th St8thStPoplarSt
MagnoliaStWillowStOrangeSt4th St
PoplarSt6th St
OliveStMapleStMelrose Cir
10th St
7thSt
Bishop Lindsey Ave
2nd St
OakSt
9th St
Washington Ave
S.A.Jones Dr
6th St
BroadwayStRiverfrontDr CypressSt8 th S t4th St
E.Broadway St
I-3
C-6
O-1
I-1
R-2
I-2
CONS
R-4
C-4
C-2
R-5
C-3
C-5 PUD
R-3
C-1
Legend
Zoning District
C-1 Professional Office
C-2 Local Shopping Center
C-3 Community Shopping
C-4 Heavy Commercial
C-5 Central Business
C-6 Downtown Commercial
CONS Conservation
I-1 Community Industrial Park
I-2 Light Industrial Park
I-3 Industrial Park
O-1 Open Land
PUD Planned Unit Development
R-2 Single-Family
R-3 Two-Family
R-4 Multifamily
R-5 Group or Terrace Housing
Existing ZoningExistingZoning
0 600 1,200300
Feet
RiverFrontPark
ARGENTA DOWNTOWN DISTRICT
Prepared by Tunnell-Spangler-Walsh &AssociatesNovember16,2009
MasterPlan for the
4th StreetPark
FaucettePark
VerizonArena
30
DickeyStephensPark
Library
FirstPres.
PostOffice
FireDept.
CentralArkansasTransitBusFacility
A RKANSA S R IV E R
In North Little Rock, AR, TSW prepared
a downtown vision plan
A locally-calibrated SmartCode was then
prepared to codify the plan vision, bal-
anced with historic zoning rights
Submitted to: CITY OF MILTON
Submitted by: Tu NNELL -S pAN g LE r-WALS h & ASSOCIATES
C r ABA pp LE FO r M-BASED CODE & LCI pr O p OSAL
October 19, 2011
the proposed plan is realistic (the market analysis from the 2009 Com-
prehensive Transportation Plan may suffice, pending ARC approval).
An implementation strategy that describes the organizational structure
and process used to ensure the action items below are implemented.
5-Year Transportation Action Plan. Project scopes should include de-
tailed descriptions and cost estimates.
A description of the changes necessary to the comprehensive plan or
zoning ordinance to support study actions, including a schedule for
adopting such changes.
Population and employment data containing a comparison of develop-
ment under current conditions and development under the proposed
plan. The data shall contain, at a minimum, current and 25-year projec-
tion figures in five-year increments.
The final determination of if these items, along with the existing study, are
sufficient to grandfather the plan shall be determined by the ARC. Assum-
ing that they are sufficient, TSW proposes the following process:
Initial ARC Meeting – Meet with ARC staff to explain the desire to
grandfather the Crabapple Visioning Study by providing the above-
noted items, and solicit their support for the effort.
Draft Grandfathered Items – Prepare draft items noted above, with
the following caveats:
The market analysis shall be limited to readily-available popula-
tion, employment and demographic data purchase from a source
such as ESRI Business Solutions.
The 5-Year Transportation Action Plan shall be compiled using
existing data from City sources, and order-of-magnitude costs for
additional projects in the visioning study.
The implementation strategy that describes the organizational
structure and process used to ensure the action items are imple-
mented shall be written by the City of Milton.
3. Draft ARC Submission - Following City review and revision, submit
the updated grandfathered items to the ARC.
4. Final ARC Submission - Following ARC review, revise and submit
the final items to the ARC.
Deliverables
As part of this TSW shall provide the following in digital formats:
A draft and final description of how the study addresses LCI program
deliverables.
•
•
•
•
1.
2.
i.
ii.
iii.
•
Inexpensive market data can be pur-
chased to fulfill LCI program require-
ments.
TSW has prepared nearly two dozen
LCI studies
As an LCI study, additional implementa-
tion funds will be available
Submitted to: CITY OF MILTON
Submitted by: Tu NNELL -S pAN g LE r-WALS h & ASSOCIATES
C r ABA pp LE FO r M-BASED CODE & LCI pr O p OSAL
October 19, 2011
A draft and market analysis, as well copies of purchased data.
A draft and final 5-Year Transportation Action Plan.
A draft and final description of the changes necessary to the comprehensive plan or zoning ordinance to sup-
port study actions.
Draft and final population and employment data.
ASSuMpTIONS
TSW’s performance of the items above is dependant upon the following:
TSW assumes that the current vision for Crabapple will be maintained.
TSW will use a locally-calibrated SmartCode for the coding effort.
The City of Milton will arrange and advertise meetings, including space reservation and refreshments.
TSW shall have access to GIS data provided by the City of Milton.
Other consultants or legal counsel shall be retained by the City of Milton, particularly those advising the City
on TDR mechanisms.
•
•
•
•
•
•
•
•
•
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Sam Trager, Director of Human Resources
Date: Submitted November 8, 2011 for First Presentation on November 21, 2011
Agenda and Ratification on December 5, 2011 Agenda
Agenda Item: AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF
MILTON, GEORGIA, TO AMEND CHAPTER 38 TO ADOPT THE
PERSONNEL POLICIES OF THE CITY OF MILTON OUTLINED IN
CHAPTER 38 AS A POLICY RESOLUTION, RATHER THAN AS AN
ORDINANCE ENACTMENT
Background:
The City of Milton’s Personnel Policies are currently in the form of an Ordinance in the City
Code. This makes changing our policies difficult.
Discussion:
This ordinance repeals Chapter 38 of the Milton code of Ordinances, and at the same time,
readopts the same policies in Resolution format. This change will authorize the City Manager to
make administrative changes to the personnel policies that must also be approved by the City
Council.
Legal Review:
Ken Jarrard
Attachments:
Chapter 38 of the City Code of Ordinances
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON,
GEORGIA, TO AMEND CHAPTER 38 TO ADOPT THE PERSONNEL POLICIES OF
THE CITY OF MILTON OUTLINED IN CHAPTER 38 AS A POLICY RESOLUTION,
RATHER THAN AS AN ORDINANCE ENACTMENT
WHEREAS, Chapter 38 of the Ordinances of the City of Milton, Georgia currently incorporates
the personnel policies of the City of Milton as an ordinance of the City of Milton;
WHEREAS, Chapter 38 of the Ordinances of the City of Milton, Georgia is attached to this
Ordinance;
WHEREAS, there is no rule or regulation in the Charter for the City of Milton that requires the
personnel policies for Milton to be adopted in ordinance form as opposed to resolution form;
WHEREAS, in order to allow greater flexibility and efficiency, the City of Milton desires to
adopt its personnel policies - as currently set forth in Chapter 38 of the Ordinances of the City of
Milton - as a policy resolution instead of an ordinance enactment;
WHEREAS, the existing personnel policy, attached hereto as Chapter 38 of Ordinances of the
City of Milton, shall for all and future purposes be considered a binding and formal policy
resolution of the City of Milton - but not an ordinance enactment.
THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows:
Section I: Chapter 38 of the Ordinances of the City of Milton shall be and is hereby repealed as
an ordinance.
Section II: Upon the adoption of this ordinance, the personnel policies outlined in Chapter 38 of
the Ordinances of the City of Milton shall be concurrently adopted and immediately authorized
as a resolution of the City of Milton.
Section III: Henceforward, the personnel policies of the City of Milton - as approved by said
resolution - may be unilaterally modified by the City Manager, and any such modification shall
then be placed on the next available City of Milton’s Consent Agenda for Council ratification of
a resolution amendment.
ORDAINED this the ____ day of __________, 2011
______________________________
Joe Lockwood, Mayor
Attest:
______________________________
Sudie AM Gordon, City Clerk
(Seal)
PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
Milton, Georgia, Code of Ordinances
Page 1 of 58
Chapter 38 - PERSONNEL [42]
(42) State Law reference— General authority over officers and employees, O.C.G.A. §§ 36-34-2, 36-35-4; labor
and industrial relations generally, O.C.G.A. § 34-1-1 et seq.; retirement and pensions generally, O.C.G.A. §
47-1-1 et seq.
ARTICLE I. - IN GENERAL
ARTICLE II. - ADMINISTRATION
ARTICLE III. - COMPENSATION AND BENEFITS
ARTICLE IV. - EMPLOYEE RELATIONS
ARTICLE I. - IN GENERAL
Secs. 38-1—38-18. - Reserved.
Secs. 38-1—38-18. - Reserved.
ARTICLE II. - ADMINISTRATION
DIVISION 1. - GENERALLY
DIVISION 2. - ATTENDANCE AND WORK HOURS
DIVISION 3. - EMPLOYEE STATUS CHANGES
DIVISION 4. - HIRING AND SELECTION
DIVISION 5. - PERFORMANCE MANAGEMENT AND REVIEW
DIVISION 6. - TERMINATION OF EMPLOYEE STATUS
DIVISION 7. - USE OF CITY PROPERTY AND EQUIPMENT
DIVISION 8. - SAFETY AND ACCIDENT REPORTING
DIVISION 1. - GENERALLY
Sec. 38-19. - Definitions.
Sec. 38-20. - City manager authority.
PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
Milton, Georgia, Code of Ordinances
Page 2 of 58
Sec. 38-21. - Management authority.
Sec. 38-22. - Records.
Sec. 38-23. - Applicability.
Secs. 38-24—38-42. - Reserved.
Sec. 38-19. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Base rate means, for each employee, that amount the employee is designated to receive within the
salary range for the employee's job classification.
Demotion means the change of an employee from a position in one grade to a position in another grade
at a lower level.
Department means a major segment of the city organization headed by a person who reports directly to
the city manager. Below are the recognized departments for the city:
(1) Mayor and City Council.
(2) City Manager's Office.
(3) City Treasurer's Office/Department of Operations.
(4) City Clerk.
(5) Community Development.
(6) Public Works.
(7) Municipal Court.
(8) Public Safety.
Department director means the highest administrative employee of a department, whether indicated as
director, chief, or other job title or rank.
Employee means all city employees are at-will employees. The term "at-will employees" means that
they have no property interest in the positions they hold and therefore can be dismissed, transferred, or
demoted without cause. The classifications for employees are as follows:
(1) Regular fulltime employee. The term "regular fulltime employee" means any employee filling
an approved, budgeted position with a regularly scheduled work week of 40 hours per week.
(2) Regular parttime employee. The term "regular parttime employee" means any employee
filling an approved, budgeted position with a regularly scheduled work week of 35 hours or less
per week.
(3) Fire shift employee. The term "fire shift employee" means those employees designated as
fire protection personnel and assigned to a shift other than the regular work week.
(4) Police shift employee. The term "police shift employee" means those employees designated
PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
Milton, Georgia, Code of Ordinances
Page 3 of 58
as police protection personnel and assigned to a shift other than the regular work week.
(5) Temporary employee. The term "temporary employee" means any employee filling a position
for a specified length of time, for either long-term or short-term work assignments.
Exempt employee means an employee defined according to the federal Fair Labor Standards Act
(FLSA) to be subject to equal pay provisions but exempt from the minimum wage and overtime pay
provisions. Exempt employee's compensation is based on an annual salary basis and there is no
compensation for hours worked in excess of the defined work week. Exempt employees take vacation
and sick leave hours in whole day increments only.
Hazardous duty injury means bodily injury to an employee resulting from an activity within the scope
and course of employment that is due to exigent and life threatening circumstances not caused o r
contributed to by the employee's control. Hazardous duty injuries occur while an employee is physically
performing work for the city.
Health impairment means a temporary or permanent mental or physical impairment including, but not
limited to, injury (on or off the job), pregnancy, illness, or other job-restricting impairment, which
diminishes or precludes one's capacity for, or renders one unfit for performance of the essential job
functions of the position.
Nonexempt employee means an employee defined according to the federal Fair Labor Standards Act
(FLSA) to be subject to equal pay, minimum wage, and overtime provisions.
(1) For regular employees, hours worked in excess of the 40-hour work week will be paid at a
rate of 1½ times the employee's regular rate of pay.
(2) For police shift employees, hours worked in excess of the 86-hour bi-weekly work period will
be paid at a rate of 1½ times the employee's regular rate of pay.
(3) For fire shift employees, hours worked in excess of the 108-hour bi-weekly work period will
be paid at a rate of 1½ times the employee's regular rate of pay.
(4) Nonexempt employees take vacation and sick leave hours in quarter hours increments.
On-the-job injury includes impairments that occur suddenly as a result of trauma as well as diseases
that develop over long periods of time. Eligibility for worker's compensation coverage includes an injury:
(1) That arose out of employment;
(2) Was sustained in the course of employment; or
(3) Was a result of an occupational hazard.
Overtime rate means the rate of pay at 1½ times the base rate of pay.
Promotion means the change of an employee from a position in one grade to a position in another
grade of a higher level.
Reassignment means the movement of an employee within the classification plan not otherwise
covered by demotion, promotion, or reclassification. The terms "reassignment" and "transfer" may be
used interchangeably.
PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
Milton, Georgia, Code of Ordinances
Page 4 of 58
Reclassification means a position whose classification is altered due to job duties and responsibilities.
Reclassifications can be to a higher, lower, or same pay grade.
Relative means:
(1) Spouse.
(2) Parent or stepparent.
(3) Child or stepchild.
(4) Sister or stepsister.
(5) Brother or stepbrother.
(6) Sister-in-law.
(7) Brother-in-law.
(8) Grandparent.
(9) Grandchildren.
(10) Aunt or uncle.
(11) Niece or nephew.
Supervisor includes any employee formally assigned to supervisory responsibilities for personnel and
operations of a work unit within a larger department of city government. Department directors and the
city manager should be understood to be supervisors of individuals who report directly to them.
Unauthorized absence means failing to report for duty or failure to remain at work as scheduled without
proper notification, authorization, or excuse.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-20. - City manager authority.
With the exception of matters reserved by state law or the city Charter to the city council, the g eneral
and final authority for personnel administration rests with the city manager. This personnel handbook
provides statements of policy and establishes required procedure relating to personnel administration
that are necessary to effectively and efficiently manage city operations. It is issued by the city manager
under the authority of the city council.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-21. - Management authority.
(a) Scope; defined. City management possesses the sole authority to administer city operations. The
term "management authority" includes, but is not limited to:
(1) Discipline, discharge, or release of employees pursuant to the procedures described in th is
article;
PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
Milton, Georgia, Code of Ordinances
Page 5 of 58
(2) Direct the work forces;
(3) Hire, assign, or transfer employees;
(4) Determine the mission of the city departments;
(5) Determine the methods, means, and allocation/assignment of the personnel needed to carry
out the city's mission;
(6) Introduce new or improved methods or facilities or change such methods or facilities;
(7) Determine reasonable work schedules and establish the methods and processes by which
such work is performed;
(8) Require the performance of duties stated and intended in job descriptions, with the
understanding that every duty is not always described;
(9) Determine position availability by:
a. Authorizing lateral assignments;
b. Freezing, hiring, and promoting;
c. Authorizing delay in position uses due to budget, facilities, or other business necessity;
d. Authorizing temporary assignment into a vacancy.
(10) Delete positions, reclassify positions, and reassign employees to different positions with
different classifications and pay as required by business necessity.
(b) Administration of policy. Proper policy administration includes selecting goals and encouraging the
discharge of duties above the minimum standards of criminal and civic responsibility. The provisions of
this article create high standards of conduct so that training and performance can be aimed at the
highest levels and may in appropriate cases, be the basis for internal discipline. The city manager may
in the best interest of city operations, override any provision in this article.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-22. - Records.
(a) A record of service will be managed by the human resources manager for every active employee.
Service records for terminated employees shall be retained as defined in the financial management
plan records management policy. An employee has the right to review and request copies of their
personnel file. These requests will be facilitated by the human resources manager. Open records
requests and confidentiality of personnel records will be managed as defined in the financial
management plan records management policy.
(b) It is the responsibility of the employee to notify the city of any personal data changes, such as
name, address, phone number, emergency contact information, etc.
(Ord. No. 06-11-69, § 1, 11-30-2006)
PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
Milton, Georgia, Code of Ordinances
Page 6 of 58
Sec. 38-23. - Applicability.
(a) Scope. The provisions of this article apply to all city employees, both on and off duty, unless
otherwise indicated, restricted by authority, or limited by law.
(b) Not a contract. This article does not constitute a contract of employment or benefits. Nothing in
this article should be construed as a guarantee of continued benefits from, or employment by, the city.
All employees are subject to discharge with or without cause.
(c) Changes. City management reserves the authority to modify, revoke, amend, suspend, interpret,
terminate, or change any or all of the provision of this article. Except in the case of emergency,
employees will be given appropriate written notice of any change.
(d) Titles. The use of terms in this article shall not govern, limit, modify, or affect the scope of meaning
or intent of any provision.
(e) Validity. Any statement in a directive found to be illegal, incorrect, or inapplicable shall not affect
the validity of the remaining contents.
(f) Distribution. Every city employee will either be provided a copy of this article and copies of
amendments and revisions as they are adopted or have access to a copy of the article.
(g) Compliance. All provisions of this article are applicable to regular fulltime, parttime, seasonal, and
temporary employees except where otherwise noted in the article.
(h) Forms. The human resources department maintains a collection of various forms currently in use
by the city and referred to in this article. These forms are subject to change from time to time. This is
not meant to be a complete collection of all forms and any forms included may be superseded by
revisions.
(i) Attachments. A collection of various attachment regarding benefits and classification and pay are
permanently attached to the personnel policy manual. These attachments are subject to change from
time to time. The attachments included may be superseded by revisions.
(j) Official copy. An official copy of the City of Milton, Georgia Personnel Handbook containing the
latest revisions is maintained by the director of operations and can be found in the offices of such
department.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-24—38-42. - Reserved.
DIVISION 2. - ATTENDANCE AND WORK HOURS
Sec. 38-43. - Policy statement.
Sec. 38-44. - Work hours; breaks.
Sec. 38-45. - Alternative work schedules.
Secs. 38-46—38-64. - Reserved.
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Sec. 38-43. - Policy statement.
(a) In order to maintain a high level of responsiveness to the city's citizenry, it is important that
employees:
(1) Follow established work hours;
(2) Avoid tardiness and unauthorized absences; and
(3) Follow reporting requirements.
(b) The city reserves the right to establish official work hours for any position to ensure
accomplishment of the city's mission. Where city operational demands can accommodate such options,
the city encourages alternative work schedules to meet family or other such personal needs, as
appropriate.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-44. - Work hours; breaks.
(a) Forty-hour week. The city has adopted a 40-hour work week schedule for nonexempt employees,
with the exception of police and fire shift personnel.
(b) Business hours. All city offices will be kept open continuously from 8:00 a.m. to 5:00 p.m. Monday
through Friday. In order to facilitate flexibility for customers, those functions, including areas of external
customer service may make schedule arrangements to have staff available from 7:30 a.m. to 5:30 p.m.
each working day.
(c) Hours worked. Except as otherwise noted in the remainder of this subsection, authorized paid
leave is considered hours worked.
(1) Vacation and sick leave hours are not considered hours worked for the purpose of
determining overtime eligibility.
(2) Vacation and sick leave hours are not considered hours worked for the purpose of
determining eligibility for Family Medical Leave Act (FMLA).
(d) Attendance requirements. Maintaining good attendance is a condition of employment and an
essential job function of every job.
(1) An employee will refrain from:
a. Unauthorized absences or tardiness;
b. Abusing sick leave;
c. Absences or tardiness that causes significant disruption of service; and
d. Excessive amounts of time off the job, regardless of reason.
(2) An employee absent from the job without proper authorization for three consecutive
workdays may be considered to have resigned their position.
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(e) Additional work. All employees are required to work in excess of their official hours when
necessary, as determined by department management. Such additional work assignments may be
rotated and allocated among employees qualified to perform the duties. Excess hours may be required
or granted for a specific period of time or on a regular basis as operating circumstances warrant.
Additional work by nonexempt employees must be approved in advance by the employee's supervisor.
This includes, but is not limited to:
(1) Work before or after regular work hours; or
(2) Work taken home.
(f) Time increments. Hourly computations for the purpose of compensation and the use of vacation
and sick leave will be computed in quarter-hour increments.
(g) Meal breaks. Meal time or other noncompensated breaks should be at least 30 minutes in length.
Other rest periods of short duration during the day should not be disruptive to operations and should
not exceed in general, 15 minutes in length. Mealtime during a shift or tour of duty is not con sidered
compensable time, unless the employee is on restricted on-call pay status or the employee is required
to work during the meal time.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-45. - Alternative work schedules.
(a) Generally. Subject to operational requirements, regular fulltime employees may be permitted to
work an alternative work schedule that allows the employee to work outside the normal work hours of
8:00 a.m. to 5:00 p.m. Monday through Friday.
(b) Approval process. Any significant change in an employee's work schedule must be agreed to in
writing by the department director and the employee prior to implementation. In addition, the human
resources manager must approve any significant change in an employee's work schedule to ensure
there is no conflict with statutory/regulatory requirements or city policy.
(c) Restrictions. The following restrictions apply to employee alternative work schedules:
(1) The city may cancel or suspend an employee's alternative work schedule privileges at any
time, for any or no reason.
(2) Daily and weekly work schedules can be modified at the city's discretion to meet changing
operational needs.
(3) Approval of an alternate work schedule does not restrict employees from working more than
their scheduled work hours.
(4) Employees can be required to depart from their alternate work schedule as necessary, to
work additional hours, to attend training, or for other business purposes as determined by the city.
(5) No alternate schedule will be approved that has the potential to unduly increase the city's
overtime pay liability.
(Ord. No. 06-11-69, § 1, 11-30-2006)
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Secs. 38-46—38-64. - Reserved.
DIVISION 3. - EMPLOYEE STATUS CHANGES
Sec. 38-65. - Policy statement.
Sec. 38-66. - Regulations; restrictions; compensation.
Sec. 38-67. - Promotions and demotions.
Sec. 38-68. - Reassignment.
Sec. 38-69. - Management reclassification.
Sec. 38-70. - Nepotism and conflicts of interest.
Secs. 38-71—38-89. - Reserved.
Sec. 38-65. - Policy statement.
Employees may undergo any number of changes in status and compensation resulting from their
performance or from promotion, demotion, reassignment, transfer, or changes in family relationships.
The purpose of this division is to identify and describe the more common of these changes.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-66. - Regulations; restrictions; compensation.
(a) Requirement. All promotions, demotions, reassignments, or transfers are contingent on position
availability and the employee meeting the minimum qualifications.
(b) Probation period requirements. Employees who are promoted, demoted, or reassigned are subject
to a six month probationary period in the new position.
(c) Probation period restrictions. Except as the result of disciplinary action or business necessity, no
status change described in this division may occur while an employee is in a probationary period.
(d) Compensation. Status changes described in this division may affect compensation, based on
position classification.
(e) Effective dates. Except for temporary reassignments in emergency situations, status changes
described in this division can only be effective at the beginning of a pay period.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-67. - Promotions and demotions.
(a) Eligibility for promotion. Employees may be eligible to promote to higher classified positions based
on qualifying skills and demonstrated performance.
(b) Reasons for demotion. Employees may be demoted as the result of:
(1) The failure to meet minimum performance standards established for their position;
(2) Disciplinary action; or
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(3) Job elimination due to business necessity.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-68. - Reassignment.
(a) Management reassignment. An employee may be temporarily or permanently reassigned to a
position in the same rank or classification with different duties and responsibilities. This action may be
taken at the discretion of management.
(b) Temporary reassignment to higher classification. Employees may be temporarily assigned to an
acting status in a higher level position having different duties and responsibilities when:
(1) An existing position is vacant or the incumbent is or will be absent from work for at least 30
days;
(2) Operational effectiveness precludes dispersing the duties of the position among other equally
classified employees;
(3) The employee meets the minimum qualifications of and is capable of performing the
assigned duties of the higher level position; and
(4) The city manager or his or her designee approves the temporary acting status in writing prior
to the reassignment.
(c) Employee-sought reassignment. Employees may voluntarily seek transfers to equally or lower
classified available positions for which they are qualified. Such transfers may not be granted if the city
manager determines that they are not in the best interest of city operations.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-69. - Management reclassification.
(a) Overview. Reclassification of a position may occur at the discretion of management when the job
duties actually performed and the minimum qualifications of the position have significantly changed
since the job description was written. Reclassification may result in a position being placed in a higher,
lower, or same classification. Employees whose positions are reclassified will be given advanced
written notice of the reclassification by the department director.
(b) Approval. All requests for reclassifications should be submitted to the human resources manager,
who will review and make a recommendation to the director of operations. The human resources
manager will submit the recommendation to the director of operations for final approval.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-70. - Nepotism and conflicts of interest.
(a) Overview. When relatives, work within the same department, potential conflicts of interest can
arise. In order to prevent these conflicts, the city prohibits two or more relatives to be employed within
the same department.
(b) Options. To prevent conflicts when two or more relatives are employed within the same
department one of the following options shall be used:
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(1) Voluntary movement of either or both employees based on availability of positions in other
departments and qualifying skills of the employee.
(2) Involuntary reassignment to an available position of equivalent status/grade.
(3) Resignation or dismissal from city service.
(c) Nonfraternization. Romantic or sexual relationships between a manager/supervisor and a direct
report employee can cause real or perceived conflicts of interest. In order to prevent these conflicts, the
city prohibits such relationships or any conduct that is intended or may reasonably be expected to lead
to the formation of a romantic or sexual relationship between a manager/supervisor and an employee in
a direct reporting relationship. This policy applies regardless of whether or not both parties freely
consent to such relationships.
(1) Should a manager desire to date or become involved with a direct report employee, the
manager should first resign from his or her position with the city.
(2) Should two employees within the same department but not in a direct reporting relationship
desire to become involved in a romantic relationship, they should disclose the relationship to the
department director who shall then make a decision regarding the effect of the relationship on
work product and work flow within the department. If in the judgment of the department director,
the relationship between two employees within the department creates a negative effect on
departmental operations, then one of the two will be asked to transfer or resign their position with
the city.
(3) By its prohibition of romantic and sexual relationships, the city does not intend to inhibit the
social interaction, such as lunches, dinners or attendance at entertainment events, that are or
should be an important part or extension of the working environment.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-71—38-89. - Reserved.
DIVISION 4. - HIRING AND SELECTION
Sec. 38-90. - Policy statement.
Sec. 38-91. - Nondiscrimination employment; selection criteria; minimum wage.
Sec. 38-92. - Application process.
Sec. 38-93. - Selection.
Sec. 38-94. - Re-employment.
Sec. 39-95. - Probationary period.
Sec. 38-96. - Contract employment.
Sec. 38-97. - Other employment.
Secs. 38-98—38-116. - Reserved.
Sec. 38-90. - Policy statement.
(a) The city is committed to employ, in its best judgment, the best qualified candidates for approved
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positions while engaging in recruitment and selection practices that are in compliance with all
applicable employment laws. It is the city's policy to provide equal employment opportunity for all
employment to all applicants and employees.
(b) The appropriate authorization is required to initiate any action for an open position including any
recruitment efforts, advertising, or interviewing, and approval is required to extend any offers of
employment to any perspective candidate.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-91. - Nondiscrimination employment; selection criteria; minimum wage.
(a) Equal employment opportunity. The city provides equal opportunity to all employees and
applicants without regard to race, color, religion, gender, sexual orientation, national origin, age,
disability, marital status, or status as covered veterans in accordance with applicable federal, state and
local laws. This policy applies to all terms and conditions of employment including, but not limited to:
(1) Hiring;
(2) Placement;
(3) Promotion;
(4) Termination;
(5) Reduction in force;
(6) Recall;
(7) Transfers;
(8) Leaves of absence;
(9) Compensation; and
(10) Training.
(b) The Americans with Disabilities Act. The Americans with Disabilities Act (ADA) bars discrimination
against the disabled in the areas of employment, public services, and public accommodations and
requires employers to reasonably accommodate qualified individuals with disabilities. It is the city's
policy to comply with all federal and state laws concerning the employment of persons with disabilities.
It is city's policy not to discriminate against qualified individuals with disabilities in regard to application
procedures, hiring, advancement, discharge, compensation, training, or other terms, conditions, and
privileges of employment. The city will provide reasonable accommodations to both employees and
members of the public, if so requested.
(c) Selection criteria. Selection for employment with the city is based on job-related qualifications in
the sole discretion of the city and is contingent on satisfactory results of such exams or tests as either
required by law or administered due to job-related duties.
(d) Minimum age. Eighteen is the minimum age of employment for the city with the following
exceptions:
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(1) The minimum age for police uniformed services is age 21.
(2) Selected temporary positions where persons at least age 16 and are allowed by law to work
in jobs that are nonhazardous.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-92. - Application process.
(a) Recruitment requests. Upon a vacancy, the department director should submit the position
requisition form to the human resources manager.
(1) Advertisement; contents. An advertisement will be published for every vacancy stating:
a. The position;
b. The minimum training requirements;
c. The salary range;
d. How to apply; and
e. The closing deadline for application submission.
(2) Duration. The advertisement will be published for a minimum of 14 days. At the discretion of
the department director, an attempt at internal recruiting may be the initial course of action, in
which case the advertising period may be altered.
(b) Forms and submission. All candidates for a position, whether or not currently employed by the
city, must complete a new employment application and file it with the city human resources manager for
each vacancy of interest. Additional information outside the initial employment application may be
required from candidates.
(c) Examinations. As determined by the department director under review and management of the
human resources manager, the selection process may include, but is not limited to, one or more of the
following:
(1) Oral interviews;
(2) Evaluation of experience and training;
(3) Written basic skills test;
(4) Physical ability skills test;
(5) Driver history;
(6) Criminal history; and
(7) Reference and background checks.
(d) Falsified or omitted material. Omission or falsification of any material fact on an application
disqualifies an applicant for consideration of employment, transfer or promotion. Disciplinary action may
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be taken against a current employee for an omission or falsification, up to and including termination.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-93. - Selection.
(a) Job-related criteria. Selection for employment with the city is based on job-related criteria that may
include, but is not limited to:
(1) Possession of the necessary knowledge, skills, abilities, training, education, licenses,
certifications and experience required for the position.
(2) Satisfactory results on performance tests and physical or psychological examinations, or
drug and alcohol tests.
(3) Satisfactory results on criminal history, driving record, employment and education reference
checks.
(b) Nepotism. All provisions of the nepotism policy in this article will be adhered to during the selection
process.
(c) Position control. It is the responsibility of the director of operations to maintain a citywide position
control in order to track authorized positions and the status thereof. The position control shall be the
document of authority for determining the availability of positions for recruitment.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-94. - Re-employment.
(a) To be considered for re-employment, former employees must:
(1) Have demonstrated acceptable prior service with the city; and
(2) Meet the current minimum qualifications for the position for which they are applying.
(b) Rehired employees are subject to the conditions of employment and benefits of a newly hired
employee, except in cases specifically stated otherwise.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 39-95. - Probationary period.
(a) Application. Newly hired or rehired employees who are promoted, demoted, or transferred are
required to successfully complete a probationary period of not less than six months. It is the purpose of
the probationary period to provide a time by which both employee and employer can decide whether to
continue employment. Probationary employees and supervisors should utilize the time to examine all
aspects of the job and related performance. An employee's end of probationary period must be
documented via a personnel action form.
(b) Provisions. The probationary period may be extended beyond the six months for public safety
personnel that have not completed the required academic and departmental training. Employees in a
probationary status are not eligible for reassignment, promotions or voluntary transfer, unless
specifically approved by the city manager. Employees in a probationary status do not have grievance or
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appeal rights to disciplinary action. Dismissal of an employee during the probabtionary period should be
coordinated with the human resources manager.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-96. - Contract employment.
(a) Overview. Personnel from temporary employment agencies or contract employees outside an
agency may be utilized from time to time by the city to facilitate business needs. The temporary agency
is responsible for hiring, training, assigning, disciplining, and terminating its contract personnel. For
performance purposes, contract personnel assigned a city project will be supervised by the department
director's designee. Contract employees are not eligible to receive city benefits. Contract employees
outside an agency must supply their own equipment, manage their own schedule and are responsible
for their own payroll tax payment and filing.
(b) Procedure. Departments in need of contract personnel must use the following requisition process:
(1) Requests for contract personnel must be placed through the department of operations and
will be reviewed by both human resources and finance.
(2) Temporary assignments must be approved by the director of operations prior to the
engagement of the contract service.
(3) The human resources manager will keep a list of approved temporary agencies and will
coordinate the assignment once approval has been issued.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-97. - Other employment.
(a) Overview. The city recognizes that employees may seek additional employment during their off
hours to earn additional income or develop new skills and experience. Despite any outside
employment, their city job is the primary employment responsibility for fulltime employees. Working
extended hours while at a secondary job may adversely affect the health, endurance, and productivity
of employees. The city does not consider outside employment to be an excuse for poor job
performance, tardiness, absenteeism, or refusal to work overtime or travel when required by the city.
Outside employment also presents the opportunity for conflicts of interest. It is for this reason, the city
limits outside employment to the provisions in this article.
(b) Outside employment. Outside employment is subject to written approval by the department
director or his or her designee. A city employee may engage in any business, trade, occupation, or
profession that does not:
(1) Bring the city into disrepute.
(2) Reflect discredit upon the employee as an employee of the city.
(3) Interfere with the performance of the employee's city duties.
(4) Present a conflict of interest.
(5) Result in misuse of city property or funds.
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(6) Result in use of the city position for personal gain.
(7) Violate department policy or procedure.
(c) Dual city employment and volunteer time. Employees may not hold more than one compensated
position by the city. Overtime liability under the federal Fair Labor Standards Act (FLSA) may be
incurred when an employee occupies a compensated position and is allowed to perform services
beyond their allowed hours without expectation of compensation. For this reason, the city restricts
employee volunteer work to that which is "occasional and sporadic and in a different capacity" than
their normal city position. All volunteer time toward a position not held by an employee must be
approved by the human resources manager.
(d) Prohibitions.
(1) Department directors are prohibited in engaging in any form of outside employment without
the specific approval by the city manager.
(2) No employee shall engage in any employment or business where the work of the secondary
employer is subject to approval, review, licensure, or inspection by the employee's city
department.
(3) No employee shall engage in any employment or business where the work of the secondary
employer has been in the last 12 months or is currently the subject of an investigation by the
employee's city department.
(4) If an employee is unable to work for the city due to an illness or injury that exceeds three
consecutive work days or is being covered by the city's worker's compensation program.
(5) No employees shall engage in any private business or activity while on duty.
(e) Approval.
(1) An employee must obtain permission in writing from the department director or his or her
designee before accepting any other employment or engaging in any other business. The
prescribed form should be used for permission as it gathers the pertinent information for review of
the request.
(2) An employee must obtain permission in writing from the department director and the human
resources manager before accepting an assignment as a volunteer for the city.
(3) Permission granted is subject to revocation in the event of a subsequent unknown or
occurring conflict with this policy.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-98—38-116. - Reserved.
DIVISION 5. - PERFORMANCE MANAGEMENT AND REVIEW
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Sec. 38-117. - Policy statement.
Sec. 38-118. - Performance review—Timing; discussions.
Sec. 38-119. - Same—Process.
Sec. 38-120. - Performance improvement plan (PIP).
Secs. 38-121—38-139. - Reserved.
Sec. 38-117. - Policy statement.
The job performance of all employees will be reviewed periodically to determine if salaries should be
adjusted, if job descriptions should be revised, or if jobs need to be reclassified. A periodic formal
performance review is intended to ensure that all employees:
(1) Are aware of what duties and responsibilities are expected;
(2) Understand the level of performance expected;
(3) Receive timely feedback about their performance;
(4) Have opportunities for education, training, and development;
(5) Are evaluated in a fair and consistent manner; and
(6) Have performance goals established.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-118. - Performance review—Timing; discussions.
(a) Timing. The performance of employees will be reviewed:
(1) Prior to completion of the probationary period after hiring, promotion, or reassignment.
(2) At least annually for all fulltime employees.
(3) Annual reviews will occur during the first month of the fiscal year for the review period of the
previous 12 months.
(b) Performance discussions. Interim reviews by the supervisor of an informal nature throughout the
year are encouraged in order to:
(1) Foster communication;
(2) Ensure common understanding of purpose; and
(3) Assist in detecting problems as they develop.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-119. - Same—Process.
(a) Discussion content. Together the supervisor and employee will discuss the employee's
performance during the review period and plan for the next review period. The contents of the review
should:
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(1) Identify the principal duties of the job and measured results of those duties during the review
period;
(2) Review the expectations of the level of performance and the measured results of meeting
those expectation during the review period;
(3) Define the results that recognize significant work or projects during the review period;
(4) Identify and address areas of employee development needs;
(5) Develop an action plan for training to improve or add skills; and
(6) Set goals and objectives for the upcoming fiscal year.
(b) Documentation. The supervisor will document the employee's evaluation and any agreed upon
plans on the prescribed form and secure agreement with the department director before administering
the review with the employee. Subsequent to the review with the employees, signatures of both the
evaluator and employee should be ascertained.
(c) Appeal. If an employee disagrees with the supervisor's assessment of their performance, the
employee may appeal in writing to the department director. The department director's, along with the
human resource manager's input, decision will be final.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-120. - Performance improvement plan (PIP).
(a) Appropriate use. Employees who continue to perform below the acceptable level after counseling
may be placed on a performance improvement plan (PIP). If the employee fails to demonstrate the
necessary improvement during or upon completion of the PIP, the employee may potentially be
demoted or dismissed as appropriate. The PIP cannot be used to extend the probationary period.
(b) Contents. The PIP document should include:
(1) Statements of the specific deficiencies in the employee's performance;
(2) The improvement that is necessary;
(3) The period of time in which improvement must occur; and
(4) The action to be taken if the employee fails to show satisfactory improvement.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-121—38-139. - Reserved.
DIVISION 6. - TERMINATION OF EMPLOYEE STATUS
Sec. 38-140. - Policy statement.
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Sec. 38-141. - Resignation or retirement.
Sec. 38-142. - Reductions in force.
Secs. 38-143—38-161. - Reserved.
Sec. 38-140. - Policy statement.
(a) Employees leave the city workforce under various conditions that include:
(1) Retirement;
(2) Voluntary separation;
(3) Dismissal; or
(4) Reductions in force.
(b) Regardless of the reason, the end of employment shall be conducted in a discreet, respectful, and
efficient manner.
(c) Procedures may exist affecting the employees terminal pay and disciplinary action appeals.
Employees should make themselves aware of these procedures.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-141. - Resignation or retirement.
(a) Notice required.
(1) Resignation. An employee must submit a resignation to their department director at least two
weeks prior to the effective date of the resignation. The resignation notice should indicate the last
working day or shift with the city. Use of accrued sick or vacation leave during the notice period
will be prohibited and the failure to report to work during the notice period will be considered an
unauthorized absence. An employee may be permitted or requested to leave immediately. If the
employee is requested by the city to not work through the notice period, the employee will be paid
through the effective date of their resignation.
(2) Retirement. An employee must give written notice of intent to retire to their department
director as soon as possible but no less than 30 calendar days prior to the intended retirement
date. This notice is required in order to facilitate the timely processing of retirement benefits. The
resignation notice should indicate the last working day or shift with the city. In the case of
disability, the application of disability retirement satisfies the notice requirement.
(3) Failure to give notice. An employee who gives less than the required notice may hamper their
ability to be eligible for rehire and timely receipt of benefits. The department director may waive
the notice requirement in writing.
(b) Process of exit. After receiving written notice of voluntary termination the department director
management shall notify the human resources manager, who will schedule an exit interview for the
employee. Employees who leave the city's workforce will be paid for all accrued vacation leave hours
provided they have completed their probationary period. All city property assigned to the employee is
considered an advance of wages and must be returned in proper working condition before receiving the
final pay check. If not returned, the value of the items will be deducted from the employee's final pay
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check.
(c) Pending disciplinary action. An employee whose resignation or retirement notice is tendered and
accepted after the initiation of a disciplinary action forfeits their right to appeal the disciplinary action.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-142. - Reductions in force.
The city reserves the right to separate employees due to lack of work or funding. The determination of
who is to be separated is within the city manager's sole discretion.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-143—38-161. - Reserved.
DIVISION 7. - USE OF CITY PROPERTY AND EQUIPMENT
Sec. 38-162. - Policy statement.
Sec. 38-163. - Authorization for use; inspection; loss or damages.
Sec. 38-164. - Vehicle use and operation.
Sec. 38-165. - Electronic communication systems.
Secs. 38-166—38-184. - Reserved.
Sec. 38-162. - Policy statement.
The city is committed to providing a safe workplace and has a substantial investment in the property
and equipment used to provide employees the tools for the effective and efficient accomplishment of
city business. The appropriate use of facilities, vehicles, equipment, and other items of city property is
expected from employees. Additionally, this policy governs the use of the city's computer and electronic
communications system, which includes telephone, voice mail, fax machines, Internet, electronic mail
(e-mail), and other computer usage.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-163. - Authorization for use; inspection; loss or damages.
(a) Privacy. No employee shall have an expectation of privacy in any thing or item referenced in this
article. This includes the use of the computer and electronic communication system including, but not
limited to, the e-mail and voice mail messages they create, store, send and receive, and the Internet
sites they visit.
(b) Use of equipment. All equipment provided in the course of employment as well as the computer
and electronic communications system is the city government's property and may only be used for
approved purposes.
(c) Inspection of property. Employees may be assigned and authorized the use of city-owned
vehicles, lockers, desks, cabinets, computers, etc., for the convenience of the city and its employees.
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Management reserves the right to search city property assigned to employees and documents in
employee desks, lockers, file cabinets, etc.
(1) The city has the right to monitor any and all aspects of its computer and electronic
communication system including, but not limited to:
a. Monitoring sites visited by users on the Internet;
b. Reviewing material downloaded or uploaded by users to the Internet; and
c. Reviewing e-mail sent and received by users.
(2) Such monitoring may be conducted without prior notice.
(3) Use of the city's computer and electronic communication system automatically constitutes
consent to such monitoring.
(d) Proper authorization. An employee shall not, regardless of value, take city property without
authorization. The use of city property, equipment, or facilit y for personal gain or for other than official
duty-related use is forbidden.
(e) Discipline. Repayment for loss or damage may be required under this article in addition to, or in
lieu of, disciplinary action. Required repayment under this article will be made by payroll deduction from
the employee's pay as necessary to recoup the amount to be recovered. If the employee leaves the
employment of the city, recoupment of the loss may be made from the final paycheck.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-164. - Vehicle use and operation.
(a) Business use. Except as specified in this article, city vehicles are furnished for official city
business and may not be used for personal reasons with express written consent by the city manager.
(b) Vehicle assignment. Employees assigned a city vehicle may be authorized to use the vehicle for
transportation to and from work. This "take home" provision, if granted, shall only apply to employees
living within a 30-mile radius of city hall. If take-home status is granted, no personal use of the vehicle is
permitted after the commute is complete. No passengers may be transported in take home vehicles
unless they are connected to city business. Employees who are assigned a city vehicle are responsible
for ensuring the preventative maintenance and repair schedule is met on the vehicle. Failure to ensure
the proper repair and maintenance may result in the revocation of the assignment. All vehicle
assignments are subject to recall at any time.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-165. - Electronic communication systems.
(a) Definitions. The term "electronic communication systems" means the Internet, electronic mail,
telephone, voice mail, facsimiles, pagers, mobile phones, 800 mhz radios, computer and computer
networks, directories, and files. Employees will not have privacy rights with respect to any activity using
these systems. All data, including e-mail messages composed, sent and received are the city's
property.
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(b) Professionalism. At all times, users have the responsibility to use computer resources in a
professional, ethical, and lawful manner. Users should use the same care in drafting e-mail and other
electronic documents as they would for any other written communications. Users should always strive
to use good grammar and correct punctuation, and keep in mind that anything created or stored on the
computer system may be reviewed by others and the quality of communications is a direct reflection
upon the city.
(c) Appropriate use. Personal use of the computer and electronic communications system is a
privilege that may be revoked at any time. Occasional, limited, and appropriate personal use of the
computer and electronic communications system is permitted if the use does not:
(1) Interfere with the user's work performance;
(2) Interfere with any other user's work performance;
(3) Compromise the integrity of the computer and electronic communications system; and
(4) Violate any other provision of this policy or any other policy, guideline, or standard of the city.
(d) Inappropriate use. Under no circumstances should the city's computer and electronic
communications system be used for sending, transmitting, intentionally receiving, copying, or storing
any communication that is fraudulent, harassing, racially offensive, sexually explicit, profane, obscene,
intimidating, defamatory, or in the city's sole opinion otherwise unlawful or inappropriate. Users
encountering or receiving this kind of material should immediately report the incident to their supervisor
and IT manager. Exceptions are limited to police investigations into criminal activities, which may
require the use of the Internet for information and intelligence gathering. This is permissible with the
prior approval of the public safety director. Other prohibited uses of the city's computer and electronic
communication systems include, but are not limited to:
(1) Sending chain letters;
(2) Sending copies of documents, messages, software, or other materials in violation of
copyright laws;
(3) Compromising the city's integrity and its business in any way; and
(4) The advertisement of personal business or conducting personal business activities.
(e) Misuse of software. Users who become aware of any misuse of software or violation of copyright
law should immediately report the incident to the IT manager. Files obtained from sources outside the
city, include disks brought from home, files downloaded from the Internet, files attached to e-mail; and
files provided by citizens or vendors. These files may contain dangerous computer viruses that can
damage the city's computer network. Users should never download files from the Internet, accept
e-mail attachments from outsiders, or use disks from noncity sources without first scanning the material
with city-approved virus checking software. If a user suspects that a virus has been introduced into the
city's network, they should notify the IT manager immediately. Without prior written authorization from
the IT manager, users may not do any of the following:
(1) Copy software for use on their home computers or to other computers;
(2) Provide copies of software to any independent contractors of the city or to any third person;
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(3) Install software on any of the city's workstations or servers;
(4) Download any software from the Internet or other online service to any of the city's
workstations or servers;
(5) Modify, revise, transform, recast, or adapt any software;
(6) Reverse-engineer, dissemble, or decompile any software;
(7) Passwords. Authorized users will be given a login name that allows access to the network.
The user will have a personalized password, which should be obscure in nature and not divulged
to others. Any user with knowledge of any password not their own shall report it to their supervisor
immediately. No employee shall attempt any unauthorized access to the system.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-166—38-184. - Reserved.
DIVISION 8. - SAFETY AND ACCIDENT REPORTING
Sec. 38-185. - Policy statement.
Sec. 38-186. - Responsibility to report.
Sec. 38-187. - Personal protective equipment.
Sec. 38-188. - Operation of vehicles.
Sec. 38-189. - Accident involvement.
Secs. 38-190—38-208. - Reserved.
Sec. 38-185. - Policy statement.
The city is committed to providing a safe workplace. In accordance with this, employees are expected
to take an active role in promoting workplace safety by reporting unsafe working conditions and by
noting where fire extinguishers, first-aid kits, and emergency exits are located. Additionally, employees
are required to participate in identifying and correcting where possible, the underlying cause s of
accidents and unsafe conditions.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-186. - Responsibility to report.
(a) Employee responsibility. Employees are responsible for exercising care and good judgment in
preventing accidents and for observing safety rules and procedures when performing their duties.
Employees are required to:
(1) Report all accidents to their supervisor immediately, if possible, or no later than 24 hours
from the time of the accident and seek first aid for all injuries, however minor;
(2) Report any unsafe work conditions, equipment, or practices to their supervisor as soon as
possible;
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(3) Attend scheduled safety meetings and activities; and
(4) In the event of an injury resulting in lost work time, continued contact with the supervisor is
required for the purpose of keeping records on the expected return to work status.
(b) Equipment repair. Employees have a responsibility to report the need for repairs of any city-owned
or leased property issued to the employee. No employee shall alter, repair, or in any way change, add
to, or remove any parts or accessories of any city-owned or leased property without the permission of
the department director.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-187. - Personal protective equipment.
The city will provide directly, or through an allowance approved in the annual budget each year, items
of personal protection. Supervisors will direct use of personal protective items when warranted and
employees are expected to comply with such direction.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-188. - Operation of vehicles.
(a) Vehicle operator qualifications. In order to operate a city-owned vehicle in the course of business,
an employee must:
(1) Be at least 18 years of age;
(2) Have a valid state driver's license for the class of vehicle to be driven;
(3) Have a record of no more than two moving citations or one moving citation and one
chargeable accident within a 24-month period:
a. The public safety director or his or her designee will make the sole determination of
whether the accident was chargeable in nature.
b. DUI or DWI convictions are a permanent part of an employee's driving record and are
not subject to the 24-month limitation.
c. Employees whose primary duty is to drive a city vehicle that do not have an acceptable
driving history must be relieved of such duties and assigned to nondriving positions or
nondriving duties until their 24-month record reflects and acceptable driving history. If a
nondriving position is not available, the employee may be terminated.
(4) Be otherwise qualified under federal and state regulations to drive the vehicle in question;
and
(5) Be trained and authorized to operate the vehicle.
(b) Annual review. To ensure the maintenance and validity of driver's licenses, driving records of
employees who operate city vehicles will be examined on an annual basis. The city will check motor
vehicle records (MVR) of all applicants prior to making offers of employment. As part of the hirin g
process, applicants will be required to sign a written consent form allowing the city to check motor
vehicle records at any time prior to or during their employment. The human resources manager will be
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responsible for the collection of license copies each year and the submittal of licenses to the
appropriate party for review.
(c) Notification procedures. Employees who operate vehicles in the course and scope of their
employment must notify the supervisor:
(1) When their driver's license becomes invalid or suspended for any reason. Such employees
will immediately be prohibited from operating vehicles on city business.
(2) Immediately during work hours or by the next working day if after hours, upon the receipt of
any ticket or citation for any violation of state law or a local ordinance relating to motor vehicle
traffic operation other than parking violations.
(3) An employee who receives a citation for any violation while operating a city vehicle will be
responsible for paying any fine or penalty incurred and will be subject to disciplinary action, up to
and including termination.
(4) Failure to report can be grounds for disciplinary action, up to and including termination.
(d) Operation of vehicles. Employees shall operate any vehicle used for city business in a careful and
prudent manner and shall obey the laws, policies, regulations, and procedures of the city and state
pertaining to such operation. Smoking in city-owned or leased vehicles is prohibited.
(e) Duty restrictions. A physical, mental, or driving skill impairment that cannot be reasonably
accommodated that affects an employee's ability to safely operate a motor vehicle, or the failure to
comply with the driver qualifications outlined in this article, precludes that employee from operating any
city-owned or leased vehicle for city business. If the operation of a vehicle is an essential job duty, an
attempt will be made to place the employee in a nondriving position. If such a position is not available,
the employee will be immediately relieved of duty. If the vehicle prohibition is due to suspected physical
or mental impairment, the employee will be subject to a health fitness evaluation as outlined in this
article.
(f) Passenger restraint systems. Such systems where required by law, must be worn by the driver
and passenger when a vehicle is in operation. The driver of the vehicle is responsible for compliance.
The city also encourages the use of driver and passenger restraint systems during nonwork hours.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-189. - Accident involvement.
(a) Report required. All accidents involving injury to any person, city-owned or leased vehicles or
equipment, personal vehicles or equipment used during the course of business, and any property
damage must be reported to the immediate supervisor by the employee involved in or witness to the
accident.
(b) Employee responsibilities. Unless transported from the accident scene for medical treatment, the
employee involved in a job-related accident will:
(1) Render aid to other parties if possible and necessary;
(2) Report the accident and any injuries immediately to local law enforcement;
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(3) Immediately notify their supervisor or human resources if the supervisor is not available;
(4) Record the name, address, and phone number of any witnesses, and note the specifics of
the accident circumstances, if possible;
(5) Be courteous, but not make or sign any statement for anyone other than the police officer
responding to the scene;
(6) Remain at the scene until excused by law enforcement personnel;
(7) Not discuss or reveal information or provide statements to noncity personnel subsequent to
the accident. This does not prohibit cooperation with law enforcement investigations outside the
city's jurisdiction; and
(8) Submit to all requested post-accident testing as directed by the supervisor or other city
management representative.
(c) Administrative accident investigation. The supervisor or other designated employees will conduct
an administrative investigation into the circumstances of the accident and prepare a written report that
includes a statement of the facts and analysis as to cause. The report will also include
recommendations of any corrective action necessary to prevent recurrence of such accidents. The city
attorney will facilitate claim/litigation management with the city's insurance carrier.
(d) Examinations and tests. An employee who is involved in a reportable accident may be required to
undergo examinations and tests as specified in the performance of duty standards and substance
abuse testing sections in article IV, division 5 of this chapter.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-190—38-208. - Reserved.
ARTICLE III. - COMPENSATION AND BENEFITS
DIVISION 1. - GENERALLY
DIVISION 2. - PAY SYSTEM
DIVISION 3. - EMPLOYEE BENEFITS; TYPES OF LEAVE
DIVISION 4. - GROUP BENEFIT PLAN
DIVISION 1. - GENERALLY
Sec. 38-209. - Policy statement.
Secs. 38-210—38-228. - Reserved.
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Sec. 38-209. - Policy statement.
(a) The city's compensation philosophy is to maintain a competitive pay structure for the purpose of
recruiting and retaining an effective and efficient workforce. The pay structure is designed to:
(1) Pay employees based on what their job is worth;
(2) Ensure they appropriately move through the salary range for their classification; and
(3) Recognize performance through merit pay, where applicable.
(b) The pay plan is designed to comply with federal and state law, including the Fair Labor Standard
Act (FLSA).
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-210—38-228. - Reserved.
DIVISION 2. - PAY SYSTEM
Sec. 38-229. - Pay period.
Sec. 38-230. - Direct deposit encouraged.
Sec. 38-231. - Type of pay other than base rate.
Sec. 38-232. - Compensation plan.
Sec. 38-233. - Changes in salary.
Secs. 38-234—38-252. - Reserved.
Sec. 38-229. - Pay period.
All city employees will be paid on a bi-weekly basis. The work week will begin on Saturday and end on
Friday. The actual pay date will be two Fridays following the end of a pay period. When a pay date falls
on an official city holiday, employees will be paid on the date preceding the holiday.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-230. - Direct deposit encouraged.
Participation in the direct deposit program is highly encouraged for all city e mployees. All pay-related
items, such as allowances and reimbursements, will flow through the regular pay cycle. An employee's
final check upon the end of employment will not be a direct deposit check, but a live check picked up in
person by the employee or mailed upon request.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-231. - Type of pay other than base rate.
(a) Overtime pay; defined. Overtime work is work performed by a qualified employee which exceeds
the regular work week, as defined in the Fair Labor Standards Act (FLSA).
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(1) The FLSA standard for:
a. Nonpublic safety employees is a 40-hour workweek;
b. Police shift employees, an 86-hour bi-weekly work period; and
c. Fire shift employees, a 106-hour bi-weekly work period.
(2) Compensation for overtime hours shall be at 1½ times for hours worked in excess of the
defined work period.
(3) Vacation and sick leave will not be considered as hours worked for overtime computation
purposes.
(b) On-call status. Some operational divisions in the city may designate nonexempt employees to be
on-call to provide for after-hours service needs. Those designated employees are required to respond
to an on call assignment. On-call status shall have two distinct categories:
(1) Restricted on-call. The time spent on-call on or away from city premises are under conditions
that prevent the employee from using the time for personal activities. This category of on-call is
compensatory. Employees in a restricted on-call basis will be paid two hours at the overtime rate
per on-call rotation.
(2) Unrestricted on-call. The time spent on-call on or away from city premises are under
conditions that do not prevent the employee from using the time for personal activities. The
employee on unrestricted on-call status may choose to report for an on-call assignment.
Unrestricted on-call status is not compensatory.
(c) Callback; defined; pay. The term "callback" means there is an emergency or after-hours service
need for which an employee reports to work as a result. The term "callback" does not include additional
hours of work scheduled in advance.
(1) An employee responding to a callback will be paid the greater of two hours or the actual time
worked on the callback assignment at their overtime rate.
(2) Travel time is included in the calculation of callback hours.
(3) Exempt employees are not eligible for callback compensation.
(d) Acting status pay. Employees who are temporarily reassigned to perform the duties of a higher
classification may receive a compensation increase for the duration of the temporary assignment. The
appropriate increase shall be recommended by the human resources manager but at no time should be
less than the minimum pay range for the temporary assignment classification.
(e) Supplemental allowance. Employees who use their own personal property which management
has determined as essential to the job duties will receive allowances for such as approved in the annual
budget each fiscal year.
(f) Final pay. Upon the end of employment, employees will be paid at their base rate for accrued
vacation leave hours up to a maximum of 240 hours. Employees with less than six months active
fulltime service or employees within their initial hire probationary period are not eligible for pay-out of
any accrued vacation or sick leave time.
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(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-232. - Compensation plan.
(a) Pay plan. The city will maintain a classification and pay plan, including a complete inventory of all
positions in the city's service and an accurate description and specification for each grade of
employment. The plan will standardize titles, each of which is indicative of a definite range of duties and
responsibilities and has the same meaning throughout assigned departments. The classification and
pay plan will be designed to provide equal pay for equal work and to provide a pay range for each
grade of positions which will enable the city to recruit and retain qualified employees as well as
compete in the job market with other public employers.
(b) Administration. The primary responsibility for the day-to-day administration of the classification
and pay plan rests with the department of operations, as follows:
(1) The human resources manager is charged with the maintenance of the classification and pay
plan and its administration so that it will reflect the duties performed by each employe e and the
grade to which each position is allocated.
(2) It is the responsibility of the human resources manager to:
a. Examine the nature of the positions as they are created and to allocate them to an
existing grade in conformity with this section;
b. Make such changes as are necessary in the duties and responsibilities of existing
positions;
c. Develop forms;
d. Provide vital information when deemed necessary to determine the proper grade
classification of each position;
e. Periodically review the entire classification and pay plan; and
f. Recommend appropriate changes in the plan.
(3) The human resources manager will facilitate the requests for newly authorized positions or
changes in duties of an existing position change. The department director must submit a position
review request to human resources. The human resources manager will investigate the actual or
suggested duties and make a report to the director of operations for approval.
(c) Use of the classification and pay plan. The pay plan is to be used:
(1) As a guide in recruiting and evaluating candidates for employment;
(2) In determining lines of promotion and in developing employee training programs;
(3) In determining salary to be paid for various types of work;
(4) In providing uniform job terminology understandable to all city officials and employees and by
the public;
(5) The official job title represented on the classification and pay plan should be used in all
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personnel, accounting, budget, appropriation, and financial records. No person will be appointed
to or employed in a position in the city service under a title not included in the classification and
pay plan, except in those emergency situations where an employee may be identified as an
unclassified employee for a finite period of time;
(6) Other job titles may be used in the course of departmental routine to indicate authority, status
in the organization and administrative rank.
(7) It should be general practice for newly hired employees to be hired at the minimum pay rate
of the applicable grade for the position. The city recognizes that in some instances it may be
necessary to hire employees above the minimum pay rate of the applicable grade for the position.
Department directors shall have the latitude to hire personnel without other approvals up to the
midpoint of the position as long as the budget is available to do so. Salary offers beyond the
midpoint must be approved by the city treasurer and city manager.
(d) Maintenance of pay ranges. The director of operations may make or cause to be made such
comparative studies as they deem necessary of the factors affecting the level of salary ranges prior to
the preparation of the annual budget as well as at other times during the year. On the basis of
information derived from such studies, the director of operations may make recommendations to the
city manager for changes in salary ranges as deemed necessary to maintain the fairness, adequacy,
and competitiveness of the overall salary structure.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-233. - Changes in salary.
(a) Performance reviews. As outlined in article II of this chapter, regular employees will receive an
annual performance review the first month of each fiscal year, evaluating performance for the previous
12 months.
(b) Salary increases for performance. Subject to annual budget appropriation, each department will
be allocated a pool of merit dollars to be distributed by percent based on a formula derived from the
performance evaluation results. Increases to salary based on the performance as noted in the review
will be effective the first day of the fiscal year. The city manager reserves the right to make additional
pay adjustments as necessary for business operations.
(c) Salary changes due to promotions. The pay for employees receiving a promotion will be the
greater of either the minimum of the pay grade of the promoted position or a five percent increase.
(d) Salary changes due to reclassification. The pay for an employee whose position is reclassified to a
higher pay grade will be upon the recommendation of the department director but at least the minimum
of the higher position. The pay for an employee whose position has been reclassified to the same or
lower pay grade will not change.
(e) Salary changes due to demotion. The pay changes for employees receiving a demotion will be as
follows:
(1) Demotions based on performance. An employee who receives a demotion based on poor
performance will receive a salary adjustment comparable to the current percent of pay within the
current pay grade. For example, if the salary of an employee before demotion is 35 percent of the
position pay grade, then their salary upon demotion will be 35 percent of the pay grade in which
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they are demoted to.
(2) Voluntary demotions (not performance based). The salary of an employee who voluntarily
demotes to a position in a lower pay grade based on a personal decision to do so will be
determined upon the recommendation of the department director.
(3) Involuntary demotions (not performance based). The salary of an employee who has been
involuntarily demoted due to business needs and not based on performance will not experience
any change in pay.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-234—38-252. - Reserved.
DIVISION 3. - EMPLOYEE BENEFITS; TYPES OF LEAVE
Sec. 38-253. - Policy statement.
Sec. 38-254. - Overview of requirements and restrictions.
Sec. 38-255. - Vacation leave.
Sec. 38-256. - Sick leave.
Sec. 38-257. - Other types of leave.
Sec. 38-258. - Holidays.
Secs. 38-259—38-277. - Reserved.
Sec. 38-253. - Policy statement.
The city believes that employees should have the opportunity to enjoy time away from work to help
balance their work and personal lives. City management recognizes that employees have diverse
needs for time off from work. Because of this, the city has established leave practices to address the
balance as well as to protect the financial well being of employees during certain absences from work.
Employees are accountable and reasonable for managing their own leave balances to allow for
adequate reserves if there is a need to cover unanticipated events requiring time away from work.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-254. - Overview of requirements and restrictions.
(a) Generally. Except as provided otherwise in this chapter, the following apply to all paid leave
benefits:
(1) Approval of leave is subject to operational requirements of the department and any request
for paid leave may be denied or rescheduled due to staffing needs;
(2) Paid leave cannot be advanced;
(3) All requests for leave must be submitted in writing using the leave request form with as much
notice as possible;
PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
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(4) Employees who are rehired start a new active service period for leave accrual purposes;
(5) Except for military leave, an employee in an unpaid leave status will not accrue vacation or
sick leave hours. This will not, however, constitute a break in service for accrual rate purposes;
(6) Nonexempt employees shall record paid leave in quarter-hour increments; and
(7) Exempt employees shall record paid leave in whole-day increments.
(b) Unpaid leave status. Unpaid leave will not be denied under normal circumstances. All requests for
leave without pay must be approved by the director of operations. Vacation and sick leave will not be
accrued during leave without pay status. Please note that while an employee is on a leave of absence
without application, there is no job protection by the city. Employees m ay continue, at their expense,
their group health insurance coverage while on a leave of absence without pay. In order to continue
coverage, the employee must contact the department of operations to arrange for documentation and
payment of premiums. The exceptions to these provisions are leave granted as family medical leave
and military leave as specified later in this article.
(c) Mandatory leave. For internal control purposes, employees who hold positions in finance,
information technology, or in other departments where they may have financial responsibilities, such as
accounts payable, revenue collection, etc.) will be required to take a minimum of five consecutive
vacation days per year. In addition, an alternate employee must be trained to perform those functions
during the absence of the vacationing employee.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-255. - Vacation leave.
(a) Eligibility. It is the city's policy to provide paid vacation for eligible employees. Employees are not
entitled to "cash out" accrued leave outside the end of the employment process. Vacation leave is
accrued and granted to:
(1) Regular fulltime, police and fire shift employees, and regular parttime employees;
(2) Eligible employees while on authorized paid vacation leave will continue to accrue vacation
leave hours;
(3) Eligible employees can take leave immediately once hours have been accrued and approved
by department management;
(4) Pay for vacation leave shall be at the employee's regular rate of pay in effect for the
employee's regular job on the pay date immediately preceding the employee's vacation period.
(b) Accrual rate.
(1) All eligible employees hired December 1, 2006, through June 30, 2007, will receive credit for
years of experience based on relevant previous employment, retroactive back to the date of hire.
For these purposes, the term "years of service" means any job-related experience that is directly
related to the employee's job description
(2) Employees hired after June 30, 2007, will accrue vacation hours based on their hire date with
the city.
PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
Milton, Georgia, Code of Ordinances
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(3) All eligible employees accrue vacation leave hours on the following basis: the accrual rate
increases on the first day of the pay period that includes the employees' anniversary date.
Years of Service Hours Per Biweekly
Pay Period
Hours/Year Days/Year
Regular Fulltime Employees
Up to 1 year 3.7 96 12
1—4 years 5.54 144 18
5—9 years 6.46 168 21
10—14 years 7.4 192 24
15 or more 9.23 240 30
Regular Parttime Employees
Up to 1 year 1.85 48 6
1—4 years 2.77 72 9
5—9 years 3.23 84 10.5
10—14 years 3.7 96 12
15 or more 4.6 120 15
Fire Shift Employees
Up to 1 year 11.08 288 12
1—4 years 16.62 432 18
5—9 years 19.38 504 21
10—14 years 14.77 384 24
15 or more 27.69 720 30
Police Shift Employees
Up to 1 year 5.54 144 12
1—4 years 8.31 216 18
5—9 years 9.69 252 21
10—14 years 11.08 288 24
15 or more 13.85 360 30
(c) Use and scheduling.
(1) Whenever possible, employees will be allowed to take vacation at times most convenient to
them. However, in order to ensure the continued smooth operation and maintain a high level of
quality in the delivery of service to the citizens of the city, the city reserves the right to limit the
number of employees that may be absent from a given department at any one time. Where there
is a conflict in the vacation choices of two or more employees who cannot be spared at the time,
the department management will determine who will take leave;
(2) When a holiday occurs during the period an employee is on authorized vacation leave with
pay, vacation shall not be charged for the holiday;
PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
Milton, Georgia, Code of Ordinances
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(3) Eligible employees will be allowed to carry over vacation hours from one calendar year to the
next according the following table. On December 31 of each year, the employee's vacation leave
credits will be totaled and any hours in excess of the applicable carry over will be forfeited.
Maximum Vacation Hours Carry Over Per Year
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PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
Milton, Georgia, Code of Ordinances
Page 35 of 58
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(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-256. - Sick leave.
(a) Eligibility. It is the city's policy to provide sick leave with pay for eligible employees. Sick leave is a
privilege and may be used only when an employee or member of an employee's family is incapacitated
due to personal illness or injury or has a medical/dental appointment. Employees are not entitled to
"cash out" accrued leave outside of the end of the employment process. Sick leave is accrued and
granted to:
(1) Regular fulltime, police and fire shift employees, and regular parttime employees;
(2) Eligible employees while on authorized paid sick leave will continue to accrue vacation leave
hours;
(3) Eligible employees can take leave immediately once hours have been accrued and approved
by department management;
(4) Pay for sick leave shall be at the employee's regular rate of pay in effect for the employee's
regular job on the pay date immediately preceding the employee's sick leave period.
(b) Accrual rate.
(1) All eligible employees will accrue sick leave hours per pay period based on the type of
employee. The accrual will begin immediately upon hire.
Years of Service Hours Per Bi-weekly
Pay Period
Hours/Year Days/Year
Regular fulltime
employees 2 52 6.5
Regular parttime
employees
1 26 6.5
Fire shift employees 6 156 6.5
Police shift employees 3 78 6.5
(2) Eligible employees will be allowed to carry over sick hours from one calendar year to the next
according the following table. On December 31 of each year, the employee's sick leave credits will
be totaled and any hours in excess of the applicable carry over will be forfeited.
Maximum Sick Leave Hours Carry Over
PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
Milton, Georgia, Code of Ordinances
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Per Year
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PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
Milton, Georgia, Code of Ordinances
Page 37 of 58
(c) Use. Sick leave may be used for appointments for medical or dental examinations or treatment
when such appointments cannot be reasonably scheduled during nonworking hours. Examination
appointments must be approved at least one work day in advance, by the department. Sick leave can
also be used for unplanned sick absences. In unplanned circumstances, an employee should make
every attempt to report to their supervisor within 30 minutes of the scheduled starting time the reason
for absence. Police officers must report sick leave at least four hours and firefighters at least two hours
in advance of the scheduled shift starting time. An employee who fails to so notify their supervisor may
not be paid for the time taken prior to notification.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-257. - Other types of leave.
(a) Bereavement. Employees may be granted as follows:
(1) Employees may be granted up to four workdays of bereavement leave with pay upon the
death of a member of the employee's immediate family. For bereavement purposes, the term
"immediate family" means:
a. Parent;
b. Spouse;
c. Child;
d. Brother;
e. Sister;
f. Parent-in-law;
g. Grandparents;
h. Son-in-law;
i. Daughter-in-law;
j. Grandchild;
k. Stepparents; and
l. Stepchildren.
(2) The three days will be based on the employee regularly assigned work day. Employees must
request bereavement leave by contacting their supervisor prior to the leave period.
(3) There is no accumulation of bereavement leave days and no payment upon separation from
city employment. The three bereavement days do not have to be taken simultaneously.
(b) Civil.
PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
Milton, Georgia, Code of Ordinances
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(1) Jury duty. All regular fulltime employees selected for jury duty shall be entitled to receive civil
leave with pay for the period of absence. An employee shall be entitled to all fees received as a
juror. An employee may be required to present a statement from the court indicating jury service.
(2) Official court attendance. All employees subpoenaed or ordered to attend court to appear as
a witness or to testify in some official capacity on behalf of the city, state or federal government
are entitled to leave with pay for such period as their court attendance may require. Any fees paid
for such service may be retained by the employee.
(3) Military. Employees are entitled to military leave in accordance with state and federal law. An
employee going on military leave should present a copy of their official orders to the human
resources manager and department management as soon as received or they may fill out a
military leave verification form.
(c) Family medical. The federal Family Medical Leave Act (FMLA) provides for a family and medical
leave of absence. The term "family and medical leave absence" means an approved absence available
to eligible employees for up to 12 weeks of paid or unpaid leave in any 12-month period under certain
circumstances that are critical to the employee's health or the health of the employee's family.
Provisions are as follows:
(1) Eligibility. To be eligible for leave, an employee must have been working for the city for at
least 12 months and must have worked at least 1,250 hours during the 12-month period prior to
the request for leave.
(2) Use. An eligible employee may elect to use accrued leave during family medical leave time.
(3) Return to work. An eligible employee who takes leave for a purpose permitted by the FMLA
will be entitled upon return from such leave to be restored to the same position of employment as
held when the leave began, or to be restored to an equivalent position with equivalent employment
benefits, pay, and other terms and conditions of employment.
a. An exception to the employment restoration provisions of the policy may be made if the
employee on leave is a salaried employee and is among the highest paid ten percent of the
city's employees and restoring employment of the employee would result in substantial
economic injury to the city.
b. A doctor's release may be required if the employee is returning from a medical leave of
three or more days.
(4) Basic conditions of FMLA.
a. The city will require medical certification from the health care provider to support a
request for leave for any employee's own serious health condition, or to care for a seriously ill
child, spouse, or parent for requested time that exceeds three days.
b. For the employee's personal medical leave, the certification must state that the
employee is unable to perform the functions of their position because of a serious health
condition.
c. For leave to care for a seriously ill child, spouse, or parent, the certification must state
that the employee is needed to provide care.
PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
Milton, Georgia, Code of Ordinances
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d. At its discretion, the city may require a second medical opinion, and periodic
recertification at its own expense. If the first and second medical opinions differ, the city, at its
own expense, may require the opinion of a third health care provider, approved by both the
city and the employee. This third opinion is binding.
e. If medically necessary for a serious health condition of the employee or their spouse,
child, or parent, leave may be taken on an intermittent or reduced leave schedule. If leave is
required on this basis, however, the city may require the employee to transfer temporarily to
an alternative position that better accommodates recurring periods of absence or a parttime
schedule; provided the position has equivalent pay and benefits.
(5) Notification and reporting requirements. When the need for leave can be planned, such as
the birth or placement of a child, or scheduled medical treatment, the employee must provide
reasonable prior notice, and make efforts to schedule the leave to minimize disruption to city
operations. In cases of illness, the employee will be required to report periodically on their leave
status and intention to return to work.
(6) Status of employee benefits during leave of absence.
a. Any employees granted an approved leave of absence under this policy may continue
their group insurance coverage by arranging to pay their portion of the premium contributions
during the period of unpaid absence.
b. Employees will be required to continue to pay their share of group health benefit costs
during a period of leave under the law.
c. An employee on leave will not lose any employment benefits accrued prior to the leave,
unless a benefit is used by the employee during leave, such as accrued paid vacation.
(7) Procedures. Employees must follow specific procedures to request a family or medical leave.
These procedures are as follows:
a. Complete the request for a family medical leave of absence form, available from the
human resources manager.
b. The form must be signed by the employee and submitted to his or her department
management. The department will then submit the approved form to the department director.
When possible, the form should be submitted by the employee 30 days in advance of the
effective date of the leave.
c. Employees requesting family and medical leaves of absence due to illness must
complete a leave certification requirements form.
d. The employee must submit a completed request for family and medical leave of
absence and a leave policy form.
e. To request leave for the care of a child, parent, or spouse with a serious health
condition, the employee must provide certification from the health care provider who is
treating the child, parent, or spouse, including:
1. The date on which the condition commenced;
PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
Milton, Georgia, Code of Ordinances
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2. The probable duration of the condition;
3. The appropriate medical facts regarding the condition;
4. An estimate of the time needed to care for the individual involved, including any
recurring medical treatment; and
5. A statement that the condition warrants the health care provider's involvement.
f. To request leave due to an employee's serious health condition, the employee must
provide certification from the health care provider who is treating their own serious health
condition with:
1. The date on which the condition commenced;
2. The probable duration of the condition;
3. The appropriate medical facts regarding the condition; and
4. A statement that the employee is unable to perform the functions of their position
due to their condition.
g. To request intermittent or a reduced leave schedule, the employee must provide the
following additional information from the health care provider:
1. For leave for the employee, the employee must provide a statement of medical
necessity for their intermittent or reduced leave, the expected duration of the schedule,
a listing of the dates of their planned medical treatment and the duration of the
treatment; and
2. For leave to care for a son, daughter, spouse or parent, the employee must
provide a statement attesting to the necessity of intermittent or reduced leave for the
employee to provide care or to assist in the person's recovery, and an estimate of the
expected duration and schedule of their intermittent or reduced leave.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-258. - Holidays.
(a) The city observes the following holidays:
New Year's Day;
Martin Luther King's Day;
President's Day;
Memorial Day;
Independence Day;
Labor Day;
PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
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Veterans Day;
Thanksgiving Day;
Day after Thanksgiving;
Christmas Day;
Floating holiday: assigned by city manager;
Floating holiday: employee's birthday.
(b) When a holiday falls on a Saturday, the preceding Friday shall be declared a holiday for city
employees. When a holiday falls on a Sunday, the following Monday shall be declared a holiday for city
employees. The birthday floating holiday must be taken within the same pay period as the employee's
birthday. The city manager will designate their floating holiday on a year-by-year basis.
(c) A nonexempt employee who is required to work on an official city holiday will be paid at the
overtime rate for the holiday hours worked. An exempt employee who is required to work on an official
city holiday can take the same number of hours off at a later time; however, no comp time shall be
banked for time off purposes.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-259—38-277. - Reserved.
DIVISION 4. - GROUP BENEFIT PLAN
Sec. 38-278. - Policy statement.
Sec. 38-279. - Administration; eligibility; continuation of benefits.
Sec. 38-280. - Benefits offered.
Secs. 38-281—38-299. - Reserved.
Sec. 38-278. - Policy statement.
(a) It is the city's policy to provide its employees with various insurance, retirement and educational
assistance benefits. The benefits plan is designed to provide a supplemental package of programs
which contribute to the physical and mental health and well being of the employee and their
dependents. The plan is designed to enhance the attractiveness of working for the city and to aid the
city's competitiveness in recruitment and retention efforts.
(b) Brief summaries of benefits are highlighted in this division with an attachment in the appendix to
the ordinance from which this article is derived detailing each benefit. While overall benefit changes will
require approval of a new policy division, the appendix attachment is subject to change from
year-to-year and the changes will be included as part of the annual budget approval process. (A copy of
the appendix may be obtained from the department.)
(Ord. No. 06-11-69, § 1, 11-30-2006)
PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
Milton, Georgia, Code of Ordinances
Page 42 of 58
Sec. 38-279. - Administration; eligibility; continuation of benefits.
(a) Administration. The primary responsibility for the day-to-day administration of the benefits plan
shall rest with the human resources manager within the limits of these policies and procedures.
Availability of benefit packages, questions on benefits, and employee discuss ion regarding benefits can
be obtained from the human resources manager. The director of operations serves as an alternate
contact for this information when the human resources manager is not available.
(b) Eligibility.
(1) Eligibility for health insurance, death benefits, retirement benefits, and tuition reimbursement
shall include regular fulltime, police and fire shift employees.
(2) All employees, elected officials and police and fire volunteers shall be covered by worker's
compensation and have access to the employee assistance program.
(c) Benefits continuation. The federal Consolidated Omnibus Budget Reconciliation Act (COBRA)
gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage
under the city's health plan when a qualifying event would normally result in the loss of eligibility. Some
common qualifying events are:
(1) Resignation, termination of employment, or death of an employee.
(2) A reduction in an employee's hours or a leave of absence.
(3) An employee's divorce or legal separation.
(4) Marriage or the birth or adoption of a child.
(5) A dependent child no longer meeting eligibility requirements.
Under COBRA, the employee or qualified beneficiary pays the full cost of coverage at the city's group
rates plus an administrative fee established by the city. The human resources manager provides each
eligible employee with a written notice describing rights granted under COBRA when the employee
becomes eligible for coverage under the city's health insurance plan. The notice contains important
information about the employee's rights and obligations. All COBRA payments are to be coordinated
through the department of operations.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-280. - Benefits offered.
(a) Health insurance package. The city will provide health, dental and vision programs for all eligible
employees. Dependent care coverage will be available to all eligible employees wishing to choose such
a benefit at additional cost.
(b) Death benefits. The city will offer life insurance coverage to all eligible employees.
(c) Retirement benefits. The city will offer two retirement programs as follows:
(1) Deferred compensation program. The city's deferred compensation program allows an
employee to contribute to a 457 plan in order to plan for retirement on a tax-deferred basis. The
employee will have the ability to direct their contribution into the investment choices offered by the
PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
Milton, Georgia, Code of Ordinances
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external defined contribution plan administrator. There will be a maximum contribution per year,
set by the IRS and contributions made by the employee shall be vested immediately upon the
employee's eligibility date for benefits and shall be portable based upon regulations defined in the
city's plan document and guidelines defined by the Internal Revenue Service.
(2) Defined benefit program. The city will offer a defined benefit (pension) program to all eligible
employees. A base pension contribution will be paid by the city, with an additional contribution
made by the employee as outlined in the plan document. There will also be a vesting period as
defined in the plan document.
(d) Tuition reimbursement. In order to encourage continuing education for employees, the city may
offer tuition reimbursement to eligible employee, contingent upon funds availability. Reimbursable
expenses include tuition, registration and application fees, books and other required fees. The cost of
supplies, parking, gasoline, student activity cards, and other related items are excluded.
(1) Application. The tuition reimbursement form must be completed and approved prior to the
beginning of any educational activity in which an employee wishes to seek reimbursement. An
employee who takes an approved course may be reimbursed 100 percent up to a maximum of
$3,000.00 per calendar year of tuition costs; provided:
a. Approval is received from the department manager and the director of operations prior
to commencement of the course.
b. The course is job-related or related to a position to which the employee can be
promoted.
c. The course has been successfully completed with a minimum grade of "C" at the
undergraduate level and "B" at the graduate level.
d. Funds for reimbursement are available in the department budget.
(2) Reimbursement. Employees shall submit proof of tuition payment, other receipts eligible for
reimbursement and a copy of their grades to the human resources manager within ten days after
receiving their grades. The city reserves the right to recoup any reimbursement given within 90
days of the end of employment.
(e) Worker's compensation. All employees and elected officials are covered under the city's worker's
compensation policy. All workers' compensation claims must be managed by the human resources
manager. An employee who is eligible for worker's compensation due to a job related injury, is entitled
to 662/3 of their gross wages while they are disabled up to a maximum weekly compensation set by
law. The first seven days of disability are not reimbursable unless the employee is disabled more than
14 days.
(1) More than 14 days. If the employee is disabled more than 14 days, the first seven days are
usually paid at the end of the disability period. An employee may use accrued leave to supplement
worker's compensation payments.
(2) Hazardous duty assignment. An employee determined injured in a hazardous duty
assignment will be eligible to receive pay to supplement the worker's compensation benefits to a
maximum of their full salary for a period not to exceed six months. This supplemental p ay will
begin immediately upon the hazardous duty injury.
PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
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(f) Employee assistance program (EAP). The city will provide a confidential counseling and referral
service through professional providers to assist employees in resolving personal issues which may be
affecting job performance, employee morale and quality of life by offering support and helping them
achieve their goals. It is the city's intent for all employees and elected officials to have direct and
confidential access to the EAP. Initial counseling/referral services will be free of charge to the employee
and their dependents. Long-term services may become chargeable either to the employee or the
employee's insurance.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-281—38-299. - Reserved.
ARTICLE IV. - EMPLOYEE RELATIONS
DIVISION 1. - GENERALLY
DIVISION 2. - DISCIPLINE
DIVISION 3. - GRIEVANCES
DIVISION 4. - WORKPLACE DISCRIMINATION AND HARASSMENT
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
DIVISION 1. - GENERALLY
Sec. 38-300. - Policy statement.
Sec. 38-301. - Standards for conduct.
Sec. 38-302. - Attention/dereliction to duty.
Sec. 38-303. - Competence, judgment and supervision.
Sec. 38-304. - Health fitness.
Sec. 38-305. - Absences and reporting.
Sec. 38-306. - Response.
Sec. 38-307. - Professional conduct.
Sec. 38-308. - Other standards.
Secs. 38-309—38-327. - Reserved.
Sec. 38-300. - Policy statement.
(a) All employees are expected to maintain acceptable standards of conduct, efficiency, and economy
in the performance of their work. All employees are expected to maintain minimum st andards of
conduct both on and off duty in order to:
(1) Promote impartial, objective and effective performance of their duties.
(2) Avoid activities that are adverse to the city's interest or adversely affect the city's reputation.
(3) Ensure safe and efficient operations.
PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
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(4) Encourage a high degree of confidence in and support for city operations.
(b) The following list of standards of employee conduct is not intended to be all inclusive of every type
of conduct prohibited by city employees. Other standards of conduct are established throughout this
chapter and other standards may be established and published by departments as operations deem
necessary.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-301. - Standards for conduct.
(a) Conformance to law. An employee shall obey and not engage in any conduct prohibited by the
laws of the United States, the state, or any other state and political subdivision thereof. Conduct
described by such laws may be cause for disciplinary action regardless of whether charges are filed or
prosecuted.
(b) Violation of rules. An employee shall not commit any act contrary to good order and discipline or
constituting a violation of any of the provisions of the city's rules and regulations.
(c) Ethics. All employees shall conform to the ethical standards of conduct as outlined in this Code.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-302. - Attention/dereliction to duty.
(a) Attention. An employee shall remain awake, alert, observant and occupied with city business
when on the job. Employees are expected to perform their job duties:
(1) Timely, promptly and without undue delay;
(2) Without unnecessary supervision;
(3) Ensuring they are engaged productively at all times or as directed;
(4) Demonstrating appropriate initiative and dependability in the quality, volume, and
prioritization of job duties.
(b) Insubordination. An employee shall adhere and execute any and all lawful orders of a supervisor,
including those relayed from a supervisor through another employee. A lawful order is any order in
keeping with the performance of any duty, issued either verbally or in writing by the department director
or any other supervisor, direct or indirect. The term "insubordinate" means:
(1) The willful disobedience of any order lawfully issued by a supervisor; or
(2) Any mutinous, insolent, or abusive language or conduct toward a supervisor.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-303. - Competence, judgment and supervision.
(a) Competence. An employee shall maintain sufficient competence to properly perform the assigned
duties and responsibilities of the position. The employee's efforts shall be directed and coordinated in a
manner that will tend to establish and maintain the highest standards of efficiency in carrying out the
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city's functions and objectives.
(b) Judgment. An employee shall exercise appropriate judgment relevant to the conduct and
performance of duty.
(c) Supervision. A supervisor shall, in accordance with department management expectation:
(1) Demonstrate qualities of leadership necessary for the position;
(2) Exercise appropriate supervision of subordinates and responsibilities;
(3) Effectively plan, develop, and coordinate supervision and training of subordinates;
(4) Observe and appropriately counsel subordinates;
(5) Take appropriate action when a subordinate fails to perform; and
(6) Properly account for all funds and property under their control
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-304. - Health fitness.
(a) Fitness for duty. An employee must be physically and mentally fit to perform essential job
functions.
(b) Evaluation for fitness. When it is suspected that the physical or mental impairment of an employee
constitutes a hazard to individuals or property or may prevent the employee from effectively performing
the essential job functions of the position, the employee may be required to submit to an evaluation of
health fitness for duty and undergo a program of treatment. All such testing shall be coordinated by the
human resources manager.
(c) Periodic evaluation. An employee may be required to take periodic examinations and undergo a
program of treatment to qualify for continued employment.
(d) Disclosure required. An employee who becomes aware of a physical or mental impairment that
may affect his or her ability to perform essential job functions shall report the condition immediately to
the department director.
(e) Status during evaluation. Pending completion of the health fitness evaluation, the employee may
be:
(1) Required to use accrued leave;
(2) Placed in an unpaid leave status; or
(3) Temporarily reassigned.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-305. - Absences and reporting.
(a) Unauthorized absence. No employee shall be absent without authorization. The term
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"unauthorized absence" includes:
(1) The failure to report for work at the assigned time and place; or
(2) Leaving a place of duty or assignment without permission.
(b) Reporting for work. An employee shall report to work physically and mentally fit at the time and
place specified by the supervisor and remain physically and mentally fit throughout the work day.
(c) Reporting absence. An employee who cannot report to work due to illness or emergency shall
notify the immediate supervisor within the time limits established by the department director.
(d) Fictitious reporting. Employees are responsible for immediately reporting the suspected violation
of this policy. Employees are responsible for immediately reporting to their department director in
writing any arrest or complaint filed against them. Reports submitted by employees shall be truthful and
without attempt to deceive any supervisor or official of the city.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-306. - Response.
(a) Responding to calls for service. No employee shall fail to timely respond to official calls for service,
dispatched calls, notices of assignment, or any other method of direction to perform.
(b) Requests for assistance. When the public requests assistance or advice or makes complaints or
reports, the employee shall gather all information in an official and courteous manner and shall
judiciously act upon the situation consistent with prescribed procedures.
(c) Personal appearance. All employees must maintain a neat and well groomed appearance,
wearing any uniform or other apparel in accordance with the city's dress code outlined in the appendix
to the ordinance from which this article is derived (a copy of which may be obtained from the
department).
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-307. - Professional conduct.
(a) Courtesy. Employees shall be courteous to the public and fellow employees. An employee's
conduct should always be civil, orderly, and courteous. Employees shall be diplomatic and tactful,
controlling their temper and exercise patience and discretion in all situations. Employees should refrain
from using coarse, violent, profane or insolent language.
(b) Conduct unbecoming or prejudicial to good order. An employee's conduct at all times, both on and
off the job, shall reflect favorably on the employee and the city. The term "unbecoming conduct"
includes acts that tend to:
(1) Bring the city into disrepute;
(2) Discredit the employee; or
(3) Impair the operation of the city or employee.
(c) Unprofessional conduct. An employee shall at all times refrain from voicing or displaying any
PART II - CODE OF ORDINANCES
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discriminatory attitude or prejudice concerning personal characteristics of another person.
(d) Immoral conduct. An employee shall at all times maintain high standards of moral conduct in their
personal affairs and shall not be a participant in any incident involving moral corruption that may impair
the employee's ability to perform as a city employee or cause the city to be brought into disrepute.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-308. - Other standards.
(a) Identification. An employee must furnish their name, job title, and department name to any person
requesting that information as a result of actions taken by the employee in the course of city business.
Employees will be required to obtain an official, city-issued identification and have it available for
inspection during business hours.
(b) Examinations and/or tests. Upon order of the department director for matters related to duty
performance and investigations authorized by law, an employee shall submit to any medical, chemical,
drug, alcohol, ballistics, or other test, polygraph, fingerprinting, or counseling program, and shall sign
any related authorization forms.
(c) Horseplay/rough play. No employee shall engage in horseplay or rough play while on the job or in
any city facility. Injuries as a result of horseplay/rough play are not considered within the scope of
employment and may not be covered under worker's compensation.
(d) Fighting. An employee shall not engage in unnecessary violence or harassment toward any
person, except where authorized by law, even in the event of provocation.
(e) Firearms and lethal weapons. Except for employees commissioned by the city as police officers,
city employees are prohibited from possessing firearms while on duty or in any city facility or vehicle,
regardless of whether the employee possesses a firearms license.
(f) Fraudulent employment. No employee shall procure or maintain employment in the city by means
of willful misrepresentation or omission of any fact concerning the employee's personal history,
qualifications for employment or physical condition.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-309—38-327. - Reserved.
DIVISION 2. - DISCIPLINE
Sec. 38-328. - Policy statement.
Sec. 38-329. - Disciplinary actions.
Secs. 38-330—38-348. - Reserved.
Sec. 38-328. - Policy statement.
(a) The city believes that each employee wants to provide quality public service by m eeting high
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standards of job performance and conduct and by following established policies, procedures,
regulations, and practices.
(b) The primary purpose of disciplinary action is to correct or prevent the recurrence of employee
performance or conduct that is detrimental to quality job performance or the interest of the citizenry, the
employee, the city or other employees. The city's discipline policies emphasize the employee's
responsibility for the consequences of their own behavior with a focus on com municating expectations
for changes in behavior and needed improvement.
(c) When an employee's conduct results in deficiencies in job performance or violations of law, city
regulations or rules, it is the city's policy to take appropriate action to improve and correct the conduct
or performance or, if necessary, remove the employee from the city workforces through application of
the standardized disciplinary options and procedures in this chapter.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-329. - Disciplinary actions.
(a) Level of discipline. Disciplinary action will be consistent with the nature of the deficiency or
infraction involved and with other relevant factors. In reaching a decision as to the level of discipline to
be applied, the supervisor should consider such factors as:
(1) Type and severity of the infraction;
(2) The results of the infraction;
(3) The employee's work record;
(4) Prior disciplinary actions; and
(5) Any mitigating circumstances which may be relevant to the situation.
(b) Format and location of actions. All disciplinary action should be documented in writing. Disciplinary
actions will be maintained as noted in the discipline options table contained in subsection (e) of this
section. All appeals by employees must be in writing. All responses to and decisions on appeals must
be in writing.
(c) Progressive discipline. While it is expected that disciplinary action options be exercised
progressively, the nature of the deficiency or violation in any particular situation may preclude the
exercise of a less severe discipline option.
(d) Suspension of exempt employees. Except in the case of a major safety violation, any suspension
of an exempt employee must be made in full week increments only. Major safety violation suspensions
may be made in full day increments.
.....
(e) Disciplinary options.
Step
Use Response/Appeal
PART II - CODE OF ORDINANCES
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Counseling An informal
discussion
between a
supervisor and
employee about
the need to
improve minor
performance
problems or as
a reminder
about violation
of a minor rule
that does not
threaten the
safety or the
employee or
others, or that
does not involve
honesty.
Documents kept
in the
department.
No appeal.
Oral
reprimand
An oral
warning/instructi
on from the
supervisor to
the employee
about the need
to improve
performance
deficiencies or
about violation
of a rule that
does not
threaten the
safety or the
employee or
others, or that
does not involve
honesty.
Documents kept
in the
department.
No appeal.
Written
reprimand
A written
warning/admoni
shment from the
Employee has five days to appeal to the department director. Final
decision rests with the department director.
PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
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supervisor to
the employee
about the need
to improve
performance or
about a rule
violation.
Documents kept
in human
resources.
Suspension Relief from duty
for a specified
amount of time.
Requires
coordination
with human
resources and
the city
attorney.
Documents kept
in the
department.
Employee has five days to appeal to the department director. After
the department director's decision, the employee has five day to
appeal to the city manager. The final decision rests with the city
manager.
Demotion Reduction in
rank or
classification
consistent with
deficiency of the
violation. This is
not an option for
probationary
employees.
Requires
coordination
with human
resources and
the city
attorney.
Documents kept
in the
department.
Employee has five days to appeal to the department director. After
the department director's decision, the employee has five day to
appeal to the city manager. The final decision rests with the city
manager.
Dismissal Involuntary
separation of
employee from
city
Employee has five days to appeal to the department director. After
the department director's decision, the employee has five day to
appeal to the city manager. The final decision rests with the city
manager. Probationary employees do not have appeal rights to
PART II - CODE OF ORDINANCES
Chapter 38 - PERSONNEL
ARTICLE IV. - EMPLOYEE RELATIONS
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employment.
Requires
coordination
with human
resources and
the city
attorney.
Documents kept
in the
department.
dismissal.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-330—38-348. - Reserved.
.....
DIVISION 3. - GRIEVANCES
Sec. 38-349. - Policy statement.
Sec. 38-350. - Scope of process; statement information.
Sec. 38-351. - Steps.
Secs. 38-352—38-370. - Reserved.
Sec. 38-349. - Policy statement.
(a) The city is committed to providing the best possible working conditions for its employees. Part of
this commitment is encouraging an open and frank atmosphere in which any problem, complaint, or
question receives a timely response. The city strives to ensure fair and honest treatment of all
employees. Supervisors, managers, and employees are expected to treat each other with mutual
respect and are encouraged to offer positive and constructive criticism.
(b) If employees disagree with established rules of conduct, policies, or practice, they may express
their concern through a grievance process. No employee shall be penalized, formally or informally, for
voicing a complaint in a reasonable, professional manner using the grievance process. While a formal
grievance process is in place, employees are encouraged to first informally discuss any issue with their
immediate supervisor, department or city management.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-350. - Scope of process; statement information.
(a) Scope. The grievance procedure provides an avenue for any eligible employee to obtain
management review of work-related issues that are felt to adversely affect the employee, for which no
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other means of response, review, appeal or resolution for is provided in this chapter. Grounds for
submission of a grievance include:
(1) Dissatisfaction with working environment;
(2) Unfair application, interpretation or violation of city or department regulations; and
(3) Acts of retaliation as a result of utilization of the grievance process.
(b) Statement of grievance. At each step in the process, the written grievance must include the
following:
(1) A statement of the grievance and the facts upon which it is based;
(2) A description of the specific wrongful act and harm done to the grieving employee; and
(3) A statement of the remedy or adjustment sought.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-351. - Steps.
(a) Step one: Department director. The employee should first seek to resolve the issue informally. If
unable to do so, the employee should file a written grievance to the human resources manager and the
department director within five working days of the incident or when the employee bec ame
knowledgeable of the incident. The department director will attempt to resolve the matter and submit a
written response to the employee within five working days after receipt.
(b) Step two: City manager. If the department director is unable to resolve the grievance or the
response is unacceptable to the employee, the employee must, within five working days of receiving
the response, present the written grievance to the city manager. Within ten days of receipt of the
grievance, the city manager or his or her designee will investigate the grievance and respond in writing
to the employee. The city manager's decision is final.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-352—38-370. - Reserved.
DIVISION 4. - WORKPLACE DISCRIMINATION AND HARASSMENT
Sec. 38-371. - Policy statement.
Sec. 38-372. - Sexual harassment.
Secs. 38-373—38-391. - Reserved.
Sec. 38-371. - Policy statement.
It is the city's policy that harassment and discrimination of any kind will not be tolerated and
complainants will be protected from reprisal. Employees and nonemployees are encouraged to come
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forward confidentially to discuss any situation that they deem inappropriate. The city expressly prohibits
any form of unlawful employee harassment based on race, color, religion, gender, sexual orientation,
national origin, age, disability, or veteran status. Improper interference with the ability of city employees
to perform their expected job duties is absolutely not tolerated.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-372. - Sexual harassment.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Hostile environment includes any lewd sexual conduct, pictures, words, or touching that interferes with
a person's job performance or creates an intimidating, offensive working or public service environment
even if there are no occurrences of tangible or economic loss.
Other unlawful harassment, according to the EEOC, means verbal or physical conduct that denigrates
or shows hostility or aversion toward an individual because of his or her race, color, religion, gender,
national origin, age, sexual preference or disability, or that of his or her relatives, friends, or employees,
and that:
(1) Has the purpose or effect of creating an intimidating, hostile, or offensive working
environment;
(2) Has the purpose or effect of unreasonably interfering with an individual's work performance;
or
(3) Otherwise adversely affects an individual's employment opportunities.
Prohibited behavior includes:
(1) Unwelcome sexual remarks or compliments;
(2) Sexual jokes;
(3) Sexual innuendo or propositions;
(4) Sexually suggestive gestures or facial expressions;
(5) Sexual remarks about a person's clothing or body;
(6) Exhibiting sexually explicit publications or materials;
(7) Kissing;
(8) Touching; and
(9) Sexual contact.
Quid pro quo literally means "this for that" and exists when submission to, or rejection of, such conduct
is used as a basis for employment decisions such as raises or promotions or affects public services.
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Sexual harassment, according to the Equal Employment Opportunity Commission (EEOC), means
unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a
sexual nature constitutes sexual harassment when:
(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an
individual's employment;
(2) Submission to or rejection of such conduct by an individual is used as the basis for an
employment decision; and
(3) Such conduct has the purpose or effect to interfere with an individual's work performance or
creates a hostile or intimidating environment.
(b) Complaint procedure and investigation.
(1) If any person feels this policy has been violated, regardless of whether it is by a fellow
worker, a supervisor, or a member of the general public, you should report the incident
immediately to their department director and the human resources manager. If the human
resources manager is involved in the behavior, the report should be made to the director of
operations. Any supervisor who receives a complaint related to harassing or offensive behavior or
who has reason to believe that such behavior is occurring shall report these concerns to the
human resources manager or to the director of operations.
(2) All reports of harassing or offensive behavior will be investigated promptly, fairly and
discreetly. Investigatory procedures may vary from case to case depending upon the
circumstances. The investigation will be conducted as confidentially as possible. All employees
have a responsibility both to cooperate fully with the investigation and to keep the matter
confidential whether the employee is the accused person, the complainant or merely a potential
witness. Persons who are interviewed are prohibited from discussing the matter with co-workers,
friends or management. The city will keep the information it gathers as confidential as possible,
consistent with state and federal laws and the needs of the investigation.
(c) Corrective action.
(1) If management concludes that a complaint of harassment has merit, appropriate action will
be taken. Resolutions can include, but are not limited to:
a. An apology;
b. Transfer;
c. Direction to stop the offensive behavior;
d. Counseling or training;
e. Verbal or written warning;
f. Suspension with or without pay; or
g. Termination.
(2) In the event that harassment or offensive behavior reoccurs, it should immediately be
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reported to the human resources manager or to the director of operations.
(3) Employees may be subject to disciplinary action up to and including termination.
(4) Nonemployees may be reported to the appropriate law enforcement agency and barred from
the premises.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Secs. 38-373—38-391. - Reserved.
DIVISION 5. - SUBSTANCE ABUSE AND DRUG AND ALCOHOL TESTING
Sec. 38-392. - Policy statement.
Sec. 38-393. - Application.
Sec. 38-394. - Violation.
Sec. 38-395. - Refusal to submit.
Sec. 38-396. - Prescription medication.
Sec. 38-392. - Policy statement.
(a) The city, as a condition of consideration for initial and continued employment, prohibits employees
from reporting to work or performing their duties with any unlawful drug or alcohol in their systems.
(b) Employees are also prohibited from using, possessing, manufacturing, distributing, or making
arrangements to distribute unlawful drugs or alcohol while:
(1) At work;
(2) Off-site at training or meetings;
(3) On city or customer property, including in personal vehicles onsite;
(4) During lunch or breaks; or
(5) In city vehicles.
(c) Further, the city prohibits all unlawful drug use, possession, or distribution, whether on or off duty.
If possession of an illegible substance is necessary in the course of a police investigation, the public
safety director may grant a waiver to this policy for a finite period of time.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-393. - Application.
(a) To enforce the policy stated in section 38-392, the city may, at any time where lawful, require as a
condition of employment and continued employment, any employee to submit to a physical examination
or urine, breath, blood or other type of test to determine the presence of drugs or alcohol in his or her
system. The possible occasions for drug and alcohol testing include, but are not limited to:
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(1) When the city has a reasonable suspicion that an employee has violated the drug and
alcohol policy;
(2) When an employee suffers an on-the-job reportable injury or is involved in an accident;
(3) When an employee seeks a transfer or promotion, or returns from a suspension or a leave of
absence; or
(4) As part of any random program of testing which the city may implement.
(b) The city may conduct alcohol testing where the city has reasonable suspicion that the employee
has violated the drug or alcohol policy, including accidents suggesting carelessness, disregard of safety
rules or other conduct indicating possible violation of the drug and alcohol policy.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-394. - Violation.
Violation of these rules will result in a disciplinary action, including the immediate discharge of current
employees or disqualification of an applicant. Violations include, but are not limited to:
(1) A test indicating being under the influence of alcohol or the presence of unlawfully used
drugs in an employee's system;
(2) Refusal to cooperate with the city in any test, search or investigation, or failure to execute
any paperwork or consent forms necessary for examinations or tests;
(3) Possession of, distribution of, or consumption of unlawful or abused drugs, unauthorized
alcohol, or drug paraphernalia;
(4) Tampering with or adulterating a test sample; or
(5) Unlawful conduct on or off duty.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-395. - Refusal to submit.
Employees who refuse to submit to a test or test positive for alcohol or unlawful drugs may be
disqualified for unemployment compensation benefits. Employees who refuse to submit to a test, or test
positive for alcohol or unlawful drugs following a workplace injury may be disqualified for workers
compensation benefits.
(Ord. No. 06-11-69, § 1, 11-30-2006)
Sec. 38-396. - Prescription medication.
(a) Although the proper use of medication is not prohibited, employees should consult with their
supervisor when he or she is legitimately taking medication that he or she has reason to believe may
affect safety or performance.
(b) Any prescription medication brought onto city or customer property or taken aboard city vehicles
must be retained in its original container labeled with the names of the employee and the prescribing
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physician.
(c) No employee may take another person's medication.
(d) The law treats the abuse of prescription medication as unlawful drug use.
(Ord. No. 06-11-69, § 1, 11-30-2006)
STATE OF GEORGIA
COUTY OF FULTON ORDINANCE NO.
AN ORDINANCE TO RATIFY AND CONVERT TO ORDINANCE FROM A PRIOR
RESOLUTION OF THE COUNCIL REGARDING A PREPAID WIRLESS 9-1-1 WIRELESS
CHARGE
THE COUNCIL OF THE CITY OF MILTON HERE BY ORDAINS while in a regularly called
council meeting on December 5, 2011 at 6:00 p.m. as follows:
SECTION 1. That the Resolution Adopting a Prepaid Wireless 9-1-1 Charge, Resolution
No. 11-08-185, (hereinafter “Resolution”) a true and correct copy of which is attached hereto
as Exhibit A and incorporated herein as if set forth verbatim, is hereby ratified, and;
SECTION 2. That said Resolution shall hereinafter be considered an Ordinance of the City
of Milton, Georgia.
SECTION 3. That this Prepaid Wireless 9-1-1 Charge shall be codified in the City of Milton
Code of Ordinances at Part II, Chapter 18 – Emergency Management Services, Article III –
911 Emergency Telephone Service, Section 18-49.
SECTION 4. The fees related to this Prepaid Wireless 9-1-1 Charge shall be inserted into
and become a part of the City of Milton Code of Ordinances at Part II, Appendix A, Fees and
Other Charges.
SECTION 5. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 6. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 5th day of December, 2011.
____________________________________
Joe Lockwood, Mayor
Attest:
______________________________
Sudie AM Gordon, City Clerk
(Seal)
STATE OF GEORGIA RESOLUTION NO. 11-08-185
COUNTY OF FULTON
A RESOLUTION BY THE MAYOR AND COUNCIL OF THE
CITY OF MILTON, GEORGIA ADOPTING A PREPAID
WIRELESS 9-1-1 CHARGE.
WHEREAS, O.C.G.A. § 36-35-3(a) authorizes the governing authority of the City to adopt clearly
reasonable ordinances, resolutions and regulations;
WHEREAS, O.C.G.A. § 46-5-134.2(b) and 0), as amended by Act No. 187, Georgia Laws 2011,
authorizes municipalities operating a 9-1-1 public safety answering point to impose by resolution a
prepaid wireless 9-1-1 charge in the amount of 75 cents per retail transaction;
WHEREAS, O.C.G.A. § 46-5-134.2 provides that such charges shall be collected by sellers of prepaid
wireless telecommunications services, remitted to the State Revenue Commissioner, and then distributed
to local governments that adopt a resolution or ordinance pursuant to O.C.G.A. § 46-5-134.2(b) and 0);
WHEREAS, the City operates a 9-1-1 public safety answering point; and
WHEREAS, the governing authority thus desires to impose a prepaid wireless 9-1-1 charge in
the amount of 75 cents per retail transaction.
NOW THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Milton, Georgia
does hereby levy and impose a prepaid wireless 9-1-1 charge in the amount of 75 cents per retail
transaction as authorized by O.C.G.A. § 46-5-134.2 (b) and j. Such charge shall be collected by sellers,
as defined in O.C.G.A. § 46-5-134.2 (a) (8), and remitted to the State Revenue Commissioner in
conformance with O.C.G.A. § 46-5-134.2. Funds received by the City from charges imposed by this
Resolution shall be deposited in the Emergency Telephone System Fund maintained by the City pursuant
to O.C.G.A. § 46-5-134 and kept separate from general revenue of the City, all such funds to be used
exclusively for the purposes authorized by O.C.G.A. § 46-5-134 (e) and (f); and
BE IT FURTHER RESOLVED, That the City Clerk is hereby directed to file with the State
Revenue Commissioner a certified copy of this Resolution, in accordance with O.C.G.A. § 46-5-134.2 0)
(1), within ten (10) days of enactment of this Resolution. This Resolution shall become effective on
January 1, 2012.
ORDAINED this 1 st day of August, 2011.
Attest:
Sudie AM Gordon, Ci Clerk
Approved:
Joe Lockwood ayor
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
1
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Director
Date: November 3, 2011, Submitted for the November 21, 2011 City Council
Regular Meeting for First Presentation.
Agenda Item: Text Amendment to replace Appendix A, Fees and Other Charges of the City of
Milton Code of Ordinances for new and updated fees
CMO (City Manager’s Office) Recommendation:
The Mayor and City Council to hear and approve the attached text amendment, Appendix A,
Fees and Other Charges of the City of Milton Code of Ordinances replacing the existing text in
its entirety.
Background:
Recently the City Council has approved a Media Production Permit, Brown Bagging Alcohol
License and Prepaid Wireless 9-1-1 Charge, all of which require a permit or fee. Also, due to the
changed population in the census, the City is now eligible to raise the business license fee for
insurance companies to $100 per year.
Discussion:
Because of these recent changes staff has investigated reasonable amounts to charge as fees
for each of these permits. The Media Production Permit has two types of fees. The low impact
production fee is proposed at $100 and the high impact production fee is proposed at $250.
This is similar to other special events fees in Milton and others in the state. In addition, there is
a fee for any request received with less than the minimum processing time required. That fee is
proposed at $100 per day less than the required amount for processing. These fees are for the
permit only and any additional charges for Emergency personnel staffing or other city
equipment, etc. will be charged on a time and materials basis by the affected department.
The Brown Bagging Alcohol license is proposed at $200 for a full year license and $100 for a
half year license. This is based on reasonable processing costs and in line with other alcohol
licenses charged by the City of Milton.
The Prepaid Wireless 9-1-1 Charge was originally adopted by resolution on August 1, 2011 and
is being presented as an ordinance for adoption on December 5, 2011. This is a new fee of
$0.75 per retail transaction that will be collected by the seller and remitted to the Department of
Revenue effective January 1, 2012. These fees will be deposited into the E-911 Fund and used
to offset the cost of the 911 service provided through an IGA with the City of Alpharetta.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
2
Changes to the insurance business license fee is based on the state allowed maximum charge
per population. The 2010 Census revealed that the City now falls into a higher charging bracket
and this change from $75 per license to $100 per license reflects that bracket. This change
would affect approximately 50 licensees 90% of which are not local insurance companies or
brokers.
The ordinance has been reviewed in by City Staff and is in review with the City Attorney’s office.
Attached is the proposed ordinance as recommended by all bodies.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer the Text Amendment to
replace in its entirety Appendix A, Fees and Other Charges, of the City of Milton Code of
Ordinances.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO.
AN ORDINANCE TO AMEND APPENDIX A, FEES AND OTHER CHARGES, OF THE
MILTON CITY CODE
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on December 5, 2011 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relating to Amending Appendix A, of the Milton City
Code, as it relates to Fees and Other Charges, is hereby adopted and approved, replacing existing
Appendix A in its entirety; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 5th day of December, 2011.
____________________________________
Joe Lockwood, Mayor
Attest:
______________________________
Sudie AM Gordon, City Clerk
(Seal)
Section Description Amount(in dollars)
2-702 (c) Public Records Copying 25 cents/page
35 cents/page
50 cents/page
70 cents/page
2-702 (d)Copies of Plats $ 9.10/page
$ 3.60/page
$ 5.00/page
2-702 (d)Copies of CD $ 15.00 /each
4-26 (a)(1)Investigation and Administration $ 100 / each + $35 / person
4-26 (a)(1)Advertising Fee $200 /each
4-26 (a)(3)License Fee
$650/year
$650/year
S1300/year
$3200/year
$4500/year
$1000/year
$400/year
$400/year
$800/year
$3000/year
$3800/year
$200/year
4-26 (b)Prorated License Fee (one-half of full
License fee after July 1)
$325/year
$325/year
$650/year
$1600/year
$2250/year
$500/year
$200/year
$200/year
$400/year
$1500/year
$1900/year
$100/year
4-26 (c) Late Fee 10% of delinquent balance
Late Interest Fee 1% of delinquent balance each month
4-99 (h)License Transfer Fee to Transfer of
Location
Recommendation: charge $300 administrative fees to
cover cost of advertising, review/approval of survey,
and processing of application.
4-101 (a)License Renewal $ 100 application fee + $35/person + appropriate
license fee (consumption on premises/package, etc)
4-101 (c) License Renewal Late Fee 10% of delinquent balance
License Renewal Late Interest Fee 1% of delinquent balance each month
4-167 (c) Temporary License Fee Recommendation: $100 (similar to temp. pouring
permit)
4-168 (a)Temporary Special Event License
(Pouring Permit)$100.00
4-256 (f)(5)/4-536 (3)Managers and Employee Pouring
Permit $20 background check + $15 admin fee
4-277 (j)Ancillary Wine Tasting License $50.00 annual permit fee
4-317 (2)Private Club License See Section 4-26
4-339 (c) Hotel-motel in-room Service Alcohol
License See Sections 4-437 and 4-457
4-359 (a)Wholesaler License fee
$400/year
$400/year
Package
Additional Bar
Wine, Malt Beverages and Distilled Spirits
Distilled Spirits
Malt Beverages
8(1/2)×11 Inches Black and White
Malt Beverages
Wine
Consumption on Premises
24×34 Inches
Wine and Malt Beverages
Wine
24×30 Inches
48×32 Inches
11×17 Inches Color
11×17 Inches Black and White
8(1/2)×11 Inches Color
Package
Additional Bar
Wine, Malt Beverages and Distilled Spirits
Distilled Spirits
Wine and Malt Beverages
Malt Beverages
Conditions
Chapter 2--Administration
Chapter 4--Alcoholic Beverages
should a licensee make application to the city manager for a
transfer of location and should such a transfer of a location
be approved, with no change of ownership of the business
Consumption on Premises
Wine, Malt Beverages and Distilled Spirits
Distilled Spirits
Wine, Malt Beverages and Distilled Spirits
Distilled Spirits
Wine and Malt Beverages
Malt Beverages
Wine
Wine
Brown Bagging
Brown Bagging
Wine and Malt Beverages
Malt Beverages
For the private clubs who sell and dispense alcoholic
A Temporary pouring permit may be issued to any person for
a period not to exceed 10 days in any one year for an
approved special event
Wine
Located Within the City Limits
FEES AND OTHER CHARGES
Section Description Amount(in dollars)Conditions
$800/year
$3,000/year
$3,800/year
$100/year
$100/year
$100/year
$100/year
$100/year
4-417 Excise Tax on all Beer and Malt
Beverages produced by a brewpub
Recommendation: 5 cent(s) per 12 ounces and a
proportionate tax at the same rate on all fractional
parts of 12 ounces
4-417
Penalty for late excise tax payment on
beer and malt beverages produced by
brewpub
not to exceed 10% of the tax otherwise due
4-437 Excise Tax on Package Sales of Distilled
Spirits and Wine
not exceed 22 cent(s) per liter of distilled spirits, and a
proportionate tax at the same rate on all fractional
parts of a liter
4-457 Excise Tax on Package Sales of Malt
Beverages
$6.00 on each container sold containing not more
than 15 1/2 gallons and a proportionate tax at the
same rate on all fractional parts of 15 1/2 gallons
5 cent(s) per 12 ounces and a proportionate tax at the
same rate on all fractional parts of 12 ounces
4-477 Excise Tax on Sales of Distilled Spirits by
the Drink
not exceed 3% of the charge to the public for the
beverages
4-497 (b)Interest on Deficiency of Wholesale and
Retail Tax
1% per month on the determined deficiency, or
fraction thereof
4-497 (c) Penalty for Deficiency 25% of the deficiency
4-498 (b)Penalty for Failure to File a Return 25% of the amount required to be paid by the party
4-499 (a)Interest for Failure to Pay Tax 1% per month on the Outstanding Tax Obligation
4-499 (b)Penalty for Failure to pay Tax 15% of the Tax, or amount of the Tax and Interest
4-534 (6) a Penalty for sales to underage persons A Minimum Fine of $250.00
4-534 (6) b Penalty for sales to underage persons A Minimum Fine of $500.00
4-536 (9)Replacement Pouring Permit
If within 30 days of original application, then fee is
$7.50. If after 30 days of original application, then fee
is $15.00
4-536 (14)Fees for Violation not to exceed the amount stated in state law
8-2 (a)Penalty A Fine up to the Maximum Amount provided for by
the State Law
8-2 (b)Penalty no less than $150.00 for a second conviction, and no
less than $300.00 for a third conviction
8-2 (c) Penalty no less than $500.00 for a second conviction, and no
less than $750.00 for a third conviction
8-2 (d)Penalty no less than $1,000.00
Chapter 8 -- Animals
Distilled Spirits
Wine and Malt Beverages
Wine
Malt Beverages
Wine and Malt Beverages
Distilled Spirits
Wine, Malt Beverages and Distilled Spirits
If any person convicted of any violation of regulations
concerning managers and employees
If any person violates the provisions of animals
If any person violates the provisions as it pertains to a
potential dangerous dog
If any person violates the provisions as it pertains to a
dangerous dog
If the owners of a dangerous or potentially dangerous dog
fails to comply with related provision and his or her dog
attacks or bites a human
When Malt beverages are sold in or from a barrel or bulk
container
When Malt beverages are sold in bottles, cans, or other
containers other than barrel or bulk containers
Any party who fails to pay the tax herein imposed by the
city, or fails to file any required tax return to the city, within
the time required
For the first offense
For the second offense and subsequent violations within one
year
Container types
For any Deficiency which is determined to be made due to
fraud, or an intent to evade any provisions of this article
If the failure of any person to file a return is due to fraud or
an intent to evade this article
Located Outside of the City limits
Wine, Malt Beverages and Distilled Spirits
Section Description Amount(in dollars)Conditions
8-2 (e)Penalty on less than $5,000.00
8-7 (b)Dog/Cat Vaccination/License Tag Types of License Number of Years
Standard Licensing Fees
1 year $25.00
3 year $60.00
1 year $10.00
3 year $25.00
Senior Discount (60+)
1 year $24.00
3 year $58.00
1 year $9.00
3 year $23.00
8-7 (d)Dog/Cat Replacement
Vaccination/License Tag $2.00
8-8 (b)Special Permit (Kennels)$100.00/year
8-61 (d)Dangerous/Potentially Dangerous Dog
Registration $100.00/year
8-61 (e)Additional Fees for Renewing
Certificate of Registration $100.00/year
8-82 (e)(1)Impoundment (Vaccination)As established by Fulton County Animal Control
8-82 (e)(2)Impoundment (License)As established by Fulton County Animal Control
8-82 (e)(3)Impoundment Fee $35
8-82 (e)(4)Impoundment (Boarding)$10.00/day
10--2 Penalty Varies
10-86 (d)Building Permit Application $25 Administrative Fee + $50 Certificate of Occupancy
10-92 (b)Penalty for Work Commencing before
Permit Issuance
100% of the usual permit fee in addition to the
required permit fees
10-92 (d)Permit Fee
Value calculation is based on ICC Building Valuation
Data Published Annually as a minimum standard
valuation
$23.50
$23.50 for the first $500 plus $3.50 for each
additional $100, or fraction thereof, to and including
$2,000
$69.25 for the first $2,000 plus $14.00 for each
additional $1,000, or fraction thereof, to and including
$25,000
$391.75 for the first $25,000 plus $10.10 for each
additional $1,000, or fraction thereof, to and including
$50,000
$643.75 for the first $50,000 plus $7.00 for each
additional $1,000, or fraction thereof, to and including
$100,000
$993.75 for the first $100,000 plus $5.60 for each
additional $1,000, or fraction thereof, to and including
$500,000
$3,233.75 for the first $500,000 plus $4.75 for each
additional $1,000, or fraction thereof, to and including
$1,000,000
$5,608.75 for the first $1,000,000 plus $3.65 for each
additional $1,000, or fraction thereof
Chapter 10 Commercial Construction Permit Fees Includes all listed fees unless otherwise noted
$50,001 to $100,000
$25,001 to $50,000
Chapter 10 -- Buildings and Buildings Regulation
Type of Permit
Unaltered Pet
Spayed/Neutered Pet
Unaltered Pet
Spayed/Neutered Pet
If any person violates a related provision, or fail to comply
therewith, or with any of the requirements thereof
$2,001 to $25,000
$501 to $2,000
$1,000,001 and up
$500,001 to $1,000,000
$100,001 to $500,000
Permit Fees Based on Valuations
$1 to $500
Total Valuation
If the owners of a dangerous or potentially dangerous dog
knowingly and willfully fails to comply with related provision
and his or her dog attacks and causes severe injury to or the
death of a human
Section Description Amount(in dollars)Conditions
$350 site
$25 admin
$50 CO
Permit Fee
Plan Review (50% of Permit Fee amount)
$125 Fire Review (up to 5000 sq ft)
$25 admin
$50 CO
Permit Fee
Plan Review (50% of Permit Fee amount)
$125 Fire Review (up to 5000 sq ft)
$100 site
$25 admin
Permit Fee
$350 site
$25 admin
Permit Fee
Residential Construction Permit Fees
$350 site
$25 admin
$50 CO
Permit Fee
$100 Plan Review (up to 5000 sq ft)
$200 Plan Review (5001 to 10,000 sq ft)
$350 Plan Review (10,001 sq ft and up)
$25 Admin
Permit Fee
$100 Plan Review (up to 5000 sq ft)
$200 Plan Review (5001 to 10,000 sq ft)
$350 Plan Review (10,001 sq ft and up)
$350 Site fee (house addition that extends out from
original house frame)
$350 site
$25 admin
Permit fee
$350 site
$25 admin
Permit Fee
$25 admin
Permit Fee
$25 admin
$50 Permit Fee
Flat fee total of $75
$100 site
$25 admin
Permit Fee
$100 site
$25 admin
Permit Fee
$25 admin
$100 Permit Fee
Other Fees Types of Permit Condition
Re-Inspection
Fire re-inspection
$50 per re-inspection
$100 per re-inspection
Temporary Certificate of
Occupancy Only Valid for up to 60 days $200 Flat Fee
Roof, Replacement Window, Replace Shingles, etc
Shed, Out Building
Fence
Demolition of Single Family House
Demo of other Structures including Commercial
New Commercial building from the ground up, New Shell
Commercial structures include schools, hospitals, subdivision
clubhouses etc
Tenant Finish, Interior Work on Commercial Property
Construction of Sales Trailer
Cell Tower or Co-Locate
New House/Townhouse for the Ground Up
Basement Finish, Bathroom or Kitchen Remodel, House
Addition
Deck Addition, Pool House, Garage, Screened Porch
Pool
Electrical Permit
Plumbing Permit
Mechanical Permit
For Commercial Also
Section Description Amount(in dollars)Conditions
Reinstatement of expired
permit
90% Complete
If permitted work is substantially
complete as evidenced by
inspection records showing
passed framing and meets
inspections as applicable to
scope of work permitted
$100 plus any re-inspection fees
Reinstatement of expired
permit
Less than 90% complete
If the permitted work is not
substantially complete as
evidenced by inspection records
Renewal fee is one half (50%) of the permit fee
assessed at original building permit issue, but not less
than $200.00
Reinstatement of expired
permit
Not executed
No work has been performed as
evidence by inspection records Reinstatement amount is full permit fee
12-23 (a)Occupation Tax for Business and
Practitioner Based on the Gross Receipts
12-23 (b)(1)Flat Rate Fee for Home-Based
Businesses $100.00 /year
12-23 (b)(2)Occupation Tax for Business $150.00 plus $7.00 per employees
12-23 (b)(4)Nonrefundable Administrative Fee
(registration Processing)$75/year
12-30 (a)
Flat Rate Fee or Professional
Occupation Tax for Professional
Practitioners
may elect to pay a flat fee of $400.00 (Administrative
Fee included); or may elect to pay occupation tax
based on Gross Receipts plus Administrative Fee of
$75.00
12-32 (a)Penalty for Late Payment of Occupation
Tax and Administrative Fees
10% of the Amount Owned for each Calendar year or
Portion thereof
12-32 (b)
Interest for Late Payment of
Occupation Tax and Administrative
Fees
1.5% per month for Delinquent Taxes and Fees
12-56 Insurers License Fees $100.00 each Insurer, plus an additional $100.00 per
location for insurers not covered by 12-57
12-57 Insurers License Fees $100.00 each Insurer, plus an additional $35.00 per
location
12-58 Gross Premiums Tax Imposed on Life
Insurers
1% of the gross direct premiums received during the
preceding calendar year
12-59 Gross Premiums Tax Imposed on all
other Life Insurers
2.5% of the gross direct premium received during the
preceding calendar year
12-81 Annual Business License Tax one-quarter (.25)% of the gross receipts, and the
minimum amount shall be $1,000.00
12-108 Professional Bondsman Administrative
Fees $75/year
16-27 Notice of Candidacy for Municipal
Office 3% of Total Salary of Office Sought
18-48 Monthly Charge for Emergency
Telephone Service
$1.50 per telephone line and $1.50 per wireless
subscriber
1.Failure to pay occupation taxes and administrative fees
when due; 2. Failure to file an application by March 31 of any
calendar year, when the business or practitioner was in
operation the preceding calendar year; and 3. Failure to
register and obtain an occupation tax certificate within 90
days of the commencement of business
For each insurer not covered by 12-57
for each insurer writing life, accident and sickness insurance
within the state
for Financial Institutions
Chapter 18 -- Emergency Management Services
Chapter 14 -- Courts
Chapter 16 -- Elections
For Professional Practitioners
For Businesses not generating gross Receipts at the business
location in the city
Chapter 12 -- Business Regulation and Taxation
For each separate business location operated and
maintained by a business organization which is engaged in
the business of lending money or transacting sales involving
term financing and in connection with such loans or sales
offers, solicits or takes application for insurance through a
licensed agent of an insurer for insurance said insurer
For Home-based Businesses (limit of one employee)
For Business and Practitioner subject to the provision
Section Description Amount(in dollars)Conditions
18-49 Prepaid Wireless 9-1-1 Charge $0.75 per retail transaction
18-69 (1)Penalty for False Alarm
For the 2nd and any subsequent false alarm in a 12
month period a fine is assessed at $150.00 each; no
monitored alarm user shall be assessed fines in excess
of $600.00 for false alarms that occur at the same
premises in any 24-hour period
18-69 (2)Penalty for Violation other than False
Alarm $100.00 /each
18-90 (a)(5)Monitored Alarm System Registration $25/each
20-264 (c) (4)
Civil Penalties for Violation subject to
Equitable Relief; Nuisance and
Abatement
may impose a penalty not to exceed $1,000.00 per
day for each day the violation remains unremedied
after receipt of the notice of violation
20-47 (c)(5)
Criminal Penalties for Violation Related
to Equitable Relief; Nuisance and
Abatement
$1,000.00 per day
20-289 Stormwater Management Application
Review
Up to 3 reviews - subsequent revision reviews will
require 50% of the original fee, a minimum of $350
$350 + $5/lot
$350 + $5/disturbed acre
$350 + $20/lot
$350 + $20/disturbed acre
20-540 Project Site Reinspection Fee $50.00 minimum
20-543 (a)Monetary Penalties(violation)not to exceed $2,500.00 per day for each violation
20-543 (b)(1)Minimum Penalties $250.00 for each violation or each day on which a
violation exists
20-543 (b)(2)Minimum Penalties $1,000.00 for each violation or each day on which a
violation exists
20-543 (b)(3)Minimum Penalties $250.00 per violation
20-543 (b)(4)Minimum Penalties $500.00
20-543 (b)(5)Minimum Penalties $1,500.00
20-591 (e)Land-Disturbance -- Local Permit
Application Fee, per acre
Value calculation is based on Calculation of
Inspections per the Land Development Valuation
Table Below
$300.00
$300 for the first $500 plus $150 for each additional
$1000, or fraction thereof, to and including $20,000
$2,250 for the first $20,000 plus $100.00 for each
additional $1,000, or fraction thereof, to and including
$100,000
$10,550 for the first $100,000 plus $50 for each
additional $1,000, or fraction thereof, to and including
$250,000
$18,050 for the first $250,000 plus $25 for each
additional $1,000, or fraction thereof, to and including
$500,000
Chapter 20 -- Environment
Plan Review Fees
Conducting land disturbance activities without a land
disturbance permit or building permit (first offense)
Total Valuation
$1 to $5000
$5001 to $20,000
$20,001 to $100,000
$100,001 to $250,000
$250,001 to $500,000
Residential Concept Plans
Commercial Concept Plans
Residential Development Plans
Commercial Development Plans
For the third and each subsequent false alarm that occurs at
the same premises within any 12-month period
Permit Fees Based on Valuations
Conducting land disturbance activities without a land
disturbance permit or building permit (second or subsequent
offense)
Lack of proper installation or maintenance of
structural/vegetative best management practices
Working under a stop work order (first offense)
Working under a stop work order (second or subsequent
offense)
Section Description Amount(in dollars)Conditions
$24,300 for the first $500,000 plus $15 for each
additional $1,000, or fraction thereof, to and including
$1,000,000
$31,800 for the first $1,000,000 plus $10 for each
additional $1,000, or fraction thereof
Land Development Valuation Table Based on Inspections
Road Vert & Section
Curb and Gutter
Base and Paving
Commercial Driveway
Storm Drainage
Wastewater
Water Main
Sidewalk
Residential Fee $200/lot
Commercial/Other Fee $700/ disturbed acre
$350/disturbed acre x 3%
Administrative Fee $25
$1050/monument
$60
20-591 (f)Land-Disturbance -- State Permit,
Additional per acre Fee $80.00 per disturbed acre
20-658 Civil Penalty for Violation Related to
Noise Control
may impose a penalty not to exceed $1,000.00 per
day for each day the violation remains unremedied
after receipt of the notice of violation
20-658 Civil Penalty for Violation Related to
Noise Control
may impose a penalty not to exceed $1,000.00 per
day for each day the violation remains unremedied
after receipt of the notice of violation
22-50 Plan Review Fees
Structural Plan Review
$125.00
$0.25 per sq.ft.
Site Development Plan Review $100.00
Sprinkler only Plan Review $100.00
Fire Alarm only Plan Review $75.00
Commercial hood only Plan review $50.00
22-50 Inspection Fees
80% Inspection $100.00
Final Inspection $100.00
Occupancy Inspection $100.00
Miscellaneous/Other Final Inspection $100.00
Re-inspection Fee $100.00
After Hours Inspection $150.00
22-90 (f)
Penalties of Violation subject to Locked
gates for Commercial, Residential and
other Locations
not exceed $1,000.00
22-91 (f)Penalties of Violation subject to Locked
gates for certain Buildings not exceed $1,000.00
More than 5,000 sq. ft.
5,000 sq. ft. or Less
Chapter 22 -- Fire Prevention and Protection
Overnight delivery or Courier Fee (as required)
Landscape Installation Inspection
GIS Monument Fee (as required)
$500,001 to $1,000,000
Other Applicable Fees
$1,000,001 and up
$16/ln.ft.
$6.50/ln.ft.
$22/ln.ft.
$16/ln.ft.
$5/sq.ft.
Erosion Control Fee
$25/ln.ft.
$0.75/sq.ft.
$20/ln.ft.
Section Description Amount(in dollars)Conditions
22-115 (a)Penalties of Violation of Placing "Fire
Lane" Signs
$150.00 for each violation (however, the fine will be
waived if the required specifications are made within
14 days from the date of the citation
22-115 (b)Penalties of Violation of Placing "Fire
Lane" Signs
$150.00 for each violation and an additional $10.00
fine for each violation for each day that the owner
fails to comply with the provisions
22-116 (b)(1)Penalties of Violation of parking in a
fire lane
$25.00 for the first violation within any 30-day period;
$40.00 for the second violation within any 30-day
period; $50.00 for each violation thereafter occurring
within any 30-day period
32-109 Moving Household Goods at night
permit TBD
32-135 (g)Penalties of Violation for Person under
21 years of Age Varies
32-179 (b)(1)Penalties for Nuisances a minimum of $100.00
32-179 (b)(2)Penalties for Nuisances a minimum of $500.00
32-179 (b)(3)Penalties for Nuisances a minimum of $1,000.00
36-40 Application Fee $75.00 Administrative Fees + $100.00 Permit Fees +
$20.00 Background Check
46-3 Collection Fee for the disposal and
collection of waste TBD
46-70 (a)Infrastructure Maintenance Fee 5% of the company's Gross Receipts to Customers
within the City
48-259 Traffic Calming Plan Fee $500 per plan
48-466 (e)Sign Replacement Fee $250.00 per Sign
48-466 (f)Sign performance bond $100 value per sign
48-560 (c) Penalties for Violation of Restoration of
Lanes $1,000.00 per instance and location
48-561 (b)(4)Penalties for Violation of Removal $1,000.00 per day per location
48-584 (c) Penalties of Obstruction of Right-of-
way (Personal Property)
125% of the cost the city incurs in removing the
property plus a fine of $1,000.00
48-584 (d)Penalties of Obstruction of Right-of-
way (Illegal Dumping)
125% of the cost the city incurs in removing the
property plus a fine of $1,000.00
48-585 (b)(1)Penalties of Location within the right-of-
way (New Unpermitted Installations)
100% of the cost the city incurs in removing the
property plus a fine of one-half the cost of the largest
permit fee for the site
48-585 (b)(2)Penalties of Location within the right-of-
way (Existing Installations)No Fines
48-585 (b)(3)Penalties of Location within the right-of-
way (Temporary Items)
125% of the cost the city incurs in removing the
property plus a fine of $500.00
48-587 (a)Penalties of Violation for Agricultural
Uses $100.00 per incident
48-587 (b)(2)Penalties of Violation of Agricultural
Equipment Uses
$100.00 fine per incident, plus the cost of repairs to
the road, and plus the cost of certified traffic control
by the person who caused the damages
The third or repeat Violation of the same Provision
If that private or public property owner fails ore refuses to
meet said requirements on his or her property within such
14 days he or she shall, on the 15th day after receiving the
citation, be subject to the fine
Chapter 50 -- Subdivisions
Chapter 38 -- Personnel
The second Violation of the same provision
** This fee is for a Business Solicitation Permit - there is no
charge for a Charity/Non-Profit Solicitation Permit
Chapter 32 -- Offenses and Miscellaneous Provisions
Chapter 34 -- Parks, Recreation and Cultural Affairs
Chapter 36 -- Peddlers and Solicitors
Chapter 42 -- Secondhand Goods
Chapter 46 -- Solid Waste
Chapter 48 -- Streets, Sidewalks and Other public Places
Chapter 28 -- Law Enforcement
The first Violation
Section Description Amount(in dollars)Conditions
50-2 (a)Penalties of Violation no less than $1,000.00 and not to exceed $2,500.00
50-208 Plat Application $25.00 Administrative Fee + $350.00 Review Fee +
$5.00 /Lot
50-209
Fees for required Inspection, Water and
Sewer Connection, Curb Cut, and Street
Sign
see Sections 48-466, 20-591 and 22-50
50-210 Bond Fee $250 Legal processing and $50 Administrative Fee
52-19 (b)Ad Valorem Taxes on Property $4.731 on 40 percent of each $1,000.00 of property
52-22 (b)Penalties and Interest for the
Delinquent of the ad valorem taxes
An interest rate of 1% per month (minimum $1.00)
from the date the taxes are due until the date the
taxes are paid. Any period less than one month is
considered to be one month.
A penalty of 10% is applied after 90 days past due.
The penalty shall not apply to the following: (1) Ad
valorem taxes of $500 or less on homesteaded
property; (2) Homesteaded property acquired during
the tax year by a new owner who did not receive a bill
and who before acquiring such property resided
outside the State of GA and if taxes are paid within
one year following the due date.
52-46 Penalty for Delinquent Payment Penalties of 10% of amount of taxes due to the city,
plus 1% interest per month on the unpaid tax
52-47 Hotel and Motel Excise Tax 3% of the rent for every occupancy of a guestroom in
a hotel in the City
52-94 (a)(1)Rental Motor Vehicle Excise Tax
3% of the Rental Charge. If paid on or before the 20th
day of the preceding calendar month, the tax payer
may retain a credit in the amount of 3% of the tax
due.
52-116 Penalties and Interest for Failure to
Remit Taxes
A penalty of 5% of the tax then due, plus 1% interest
per month thereon the unpaid principal amount due
52-118 (b)Interest on the Deficiency Determined 1% per month or fraction thereof from the due date
of the taxes
54-5 (d)Application Fee $2000 plus the actual consulting cost up to $7500
54-8 (c)Telecommunications Operating License $1000 per tower and $1000 per antenna array
54-11 (d)Lease Application Fee $250 Legal processing and $50 Administrative Fee
54-19 (a)Lease Compensation As negotiated by the City Manager or designee and
approved by City Council
54-19 (a)Late Lease Payments 2% of the annual rental fee for each day or portion
thereof beyond the due date
56-70 (b)
Charges and Penalties for Violation of
provision subject to Vehicle Weights
and Loads
$0.05 per pound for all excess weight, except for
vehicles permitted to exceed the weight limitation, or
are permitted under a "superload" or "superload
plus" permit wherein the penalty would be $6.25 per
pound for excess weight
58-39 (2)Penalty for Violation of Water Uses not exceed $1,000.00
58-129 (a)Civil Penalty for Violation of Water Uses
not exceed $1,000.00 for each day the violation
remains unremedied after receipt of the notice of
violation
58-129 (b)Criminal Penalties for Violation of
Water Uses not exceed $1,000.00
Chapter 52 -- Taxation
For Property subject to the ad valorem tax
For Hotel and Motel Tax
For Hotel and Motel Rent
For Property subject to the ad valorem tax
For Motor Vehicle Rented
Chapter 58 - Utilities
Chapter 60 - Vegetation
For Rental Motor Vehicle Excise Tax
For Excise Tax
Second and Subsequent Violations
Chapter 54 --Telecommunications
Chapter 56 -- Traffic and Vehicles
Section Description Amount(in dollars)Conditions
60-20 (a)Penalties for Violation not exceed $1,000.00 per violation per day
60-50 (b)(2)Tree Protection Signs $5 per sign
60-48 Penalty for Violation of Specimen Trees
The Unit Value of the specimen tree is doubled and
that becomes the unit value that must be
compensated for
62-24 (a)License Fee $50 Annual Taxicab Permit, $50 each Annual Driver's
Permit, $50 Annual Certificate of Public Necessity
64-360 (2)c Inclusionary housing (in-lieu Fees)TBD
64-366 Administration of Inclusionary Housing TBD
64-1616 (8)c Media Production Permit Fee
Low Impact Permit Fee -$100, High Impact Permit Fee
- $250, additional $100 per day for any permit
received less than the minimum number of processing
days required in Section 64-1616.5.a and 64-1616.6.a
64-1890 (c)(1)Application Fee for a Concurrent
Variance
$250.00 plus $50 for each additional concurrent
variance requested on the same piece of property
$350.00 plus $100 for each additional concurrent
variance requested on the same piece of property
$350.00 plus $100 for each additional request
64-1938 Appeal Application
$250 Plus $50 for each additional variance Request on
the same Piece of Property
$350 plus $100 for each additional Variance Request
$350 plus $100 for each additional Variance Request
64-2175 Rezoning Petition
To Acreage
0 to 5 $500
5+ to 10 $1,000
10+ to 20 $1,500
20+ to 100 $2,000
100+$2,500 plus an additional $40 per acre for any portion
thereof over 100 acres. Maximum fee = $10,000
0 to 5 $750
5+ to 10 $1,500
10+ to 20 $2,000
20+ to 100 $2,500
100+$3,000 plus an additional $50 per acre for any portion
thereof over 100 acres. Maximum fee = $10,000
CUP, NUP, MHP Any Acreage $2,000 plus $50 per acre or any portion thereof.
Maximum fee = $10,000
MIX Any Acreage $1,000 plus $50 per acre or any portion thereof.
Maximum fee = $10,000
64-2221 (b)Penalties for Violation $1,000.00
64-2296 (f)Penalties for Violation of Signs not exceed $1,000.00 per day
Chapter 64 -- Zoning
All tree protection fences must be accompanied by "Stay
Out" and "Tree Save" signage, which may be purchased from
Community Development for a fee
All Signs
Residential Districts: R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5,
R-5A, NUP, CUP, MHP
Ag-1, R-6, TR, A, A-1, O-I, C-1, C-2, M-1A, M-1, M-2, MIX and
Nonresidential Uses in Residential Districts listed above
Where a determination is made that property is in violation
of zoning ordinance, and any other codes and laws enforced
by the community development department, and all
reasonable efforts and means to obtain compliance have
been exhausted
If a specimen trees are removed or have their root
protection zones disturbed without permission
AG-1, R-1, R-2, R-2A, R-3,
R-3A, R-4, R-4A, R-5, R-5A
All Signs
Multi-family Districts, Non-Residential Districts, and
Commercial uses in Residential or AG-1 Districts
Single-Family Residential Zoning Districts and AG-1 District
for Residential uses only
Chapter 62 -- Vehicles for Hire
R-6, TR, A, A-I, O-I, C-1, C-
2, M-1A, M-1, M-2
License fees are levied per annum for each taxicab
maintained or operated, and per annum for each driver's
permit, and for Certificate of Public Necessity
Based on Permit Type Requested and minimum processing
time
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Director
Date: November 21, 2011 City Council Meeting
Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Boga Group, LLC
d/b/a Boga Taqueria
City Manager’s Office Recommendation:
Approve the issuance of an Alcohol Beverage License to Boga Group, LLC d/b/a Boga Taqueria
for consumption on premises of wine and malt beverages.
Background:
City of Milton Ordinance Chapter 4 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: Boga Group, LLC d/b/a Boga Taqueria
Owner(s) Name: Medardo Briceno
Business Address: 12890 Highway 9, Ste 160, Milton, GA 30004
Type of License to be Issued: Consumption on Premises – Wine and Malt Beverages
Concurrent Review:
Chris Lagerbloom, City Manager
Deb Harrell, Chief of Police
Kathy Field, Director of Community Development
Prepared by the Community Development Department for the
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U11-02/VC11-04
USE PERMIT FOR INNER QUEST CHURCH
PROPERTY INFORMATION
ADDRESS 12830 New Providence Road
DISTRICT, LAND LOT 2/2, 1093
OVERLAY DISTRICT Northwest Fulton Overlay
EXISTING ZONING AG-1 (Agricultural)
ACRES 5.0
EXISTING USE 3,800 sq. ft. church building
PROPOSED USE New 8,320 square foot sanctuary
OWNER Inner Quest Church
ADDRESS 12830 New Providence Road
Milton, GA 30004
REPRESENTATIVE Patrick Abent, Inner Quest Church
ADDRESS 12830 New Providence Road
Milton, GA 30004
PHONE 770-521-2875
COMMUNITY DEVELOPMENT RECOMMENDATION – OCTOBER 25, 2011
U11-02 - APPROVAL CONDITIONAL
VC11-04 – Parts 1-4 - APPROVAL CONDITIONAL
INTENT
A Use Permit to expand the existing 3,800 square foot church to add a new building
consisting of an 8,320 square foot sanctuary for a total of 12,120 square feet within 2
buildings and a total of 224 seats. The applicant is also requesting a 4 part concurrent
variance for the following:
1) To reduce the 75 foot undisturbed buffer and 10 foot improvement setback along
the west property line where the existing parking lot encroaches to a 25 foot
undisturbed buffer and 10 foot improvement setback (64-1141(3)(b.));
2) To reduce the 75 foot undisturbed buffer and 10 foot improvement setback along
the north property line where the existing and proposed parking encroach to a 25
foot undisturbed buffer and 10 foot improvement setback (64-1141(3)(b));
3) To allow a 5 over 12 roof pitch (64-1146(3)(a));
4) To increase the front setback from 30 feet from the landscape strip to 250 feet (64-
1145(3) (b)).
Prepared by the Community Development Department for the
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PLANNING COMMISSION RECOMMENDATION – OCTOBER 25, 2011
U11-02 - APPROVAL CONDITIONAL 6-0
VC11-04 – Parts 1-4 - APPROVAL CONDITIONAL 6-0
Staff notes that there was no one in opposition at the Planning Commission
meeting. The following items were discussed during the hearing:
1) The position of the existing driveway and the requirements to
upgrade the apron to commercial standards and move it south to
meet sight distance requirements. Staff stated that these requirements will
be met at the time of the issuance of the Land Disturbance Permit.
2) The current attendance numbers and how long into the future the
proposed expansion will provide adequate space. The applicant
indicated that there are currently around 90 people in attendance and
the proposed 224 seats will provide more than enough room for
expansion. There are no plans to have a day care or private school on the
site.
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LOCATION MAP
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CURRENT ZONING MAP
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FUTURE LAND USE PLAN
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SITE PLAN SUBMITTED SEPTEMBER 2, 2011
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Entrance to site on New Providence
Existing church building
Prepared by the Community Development Department for the
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Side of existing church building
Existing barns to be demolished for new building
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View of site looking toward New Providence
Prepared by the Community Development Department for the
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Looking toward the west property line
Fence located approximately inside 75 foot undisturbed buffer along north
property line
Prepared by the Community Development Department for the
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East side of New Providence Road
Looking north on New Providence Road
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EXISTING USES
Prepared by the Community Development Department for the
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Existing uses and zoning of nearby property
Location Parcel / Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor Area
North,
West,
Northwest
and East
1
AG-1 (Agricultural)
Scattered single family
residences and equestrian
farms
Minimum 1 acre
Further East
2
Z97-141
CUP (Community Unit Plan)
Waterside Subdivision
2.25 u/a
2,000 sq.ft.
South
3
AG-1 (Agricultural)
Single Family Residences
Minimum 1 acre
Further
South
4
AG-1 (Agricultural)
City of Milton Fire Station #41
N/A
Southwest
5
FC – A (Fulton County
Annexed)City of Roswell
Single Family Residences
N/A
SUBJECT SITE:
The subject site is a 4.98 acre tract of agriculturally zoned land, located on the
west side of New Providence Road. Staff notes that the location map indicates
three parcels that are currently being combined. The subject site is developed
with an existing church within a 3,800 square foot single story brick residence
and two barns pursuant to U00-010. The applicant is proposing an 8,320 square
foot sanctuary, 2 story building. Per the site plan the barns will be demolished.
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on September 2, 2011, Staff offers the following considerations:
PARKING REQUIREMENTS
Section 64-1410, Off Street parking calculations for churches require 1 seat per
30 square feet in the largest assembly area. The applicant has indicated there
will be temporary chairs and not permanent seating in the sanctuary. The size of
the largest assembly area (sanctuary) is 1,482 square feet in size and will require
a total of 50 parking spaces of which three will be handicapped.
Prepared by the Community Development Department for the
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The site plan indicates a total of 50 spaces of which 42 gravel parking spaces
are currently developed. An additional five (5) gravel parking spaces will be
provided and three (3) handicapped spaces.
It appears that the site can meet the requirements of Sec. 64-1141(2)a. It
requires that the applicant provide a 10 foot landscaped island for every 72 feet
of double row length or 90 feet of single row length of parking spaces.
Use Permit Standards
The proposed site plan meets all of the development standards of Section 64-
1804 for churches.
Northwest Fulton Overlay District
LANDSCAPE STRIPS AND BUFFERS
Sec 64-1141(1) (b.) requires a 10 foot landscape strip along all public streets. The
site plan indicates compliance with this requirement.
VC11-04 – Part 1 - To reduce the 75 foot undisturbed buffer and 10 foot
improvement setback along the west property line where the existing parking lot
encroaches to a 25 foot undisturbed buffer and 10 foot improvement setback .
Section 64-1141 (3) (b.) of the Northwest Fulton Overlay District requires a 75 foot
undisturbed buffer, with a 10 foot improvement setback, located adjacent to all
AG-1 (Agricultural) zoning districts and all property zoned, used, or developed
for residential uses. The applicant is requesting a concurrent variance to reduce
the undisturbed buffer and 10 foot improvement setback to 25 feet along the
west property line where six existing parking spaces are located. In addition, the
encroachment is approximately 110 feet wide along the west property line that
has a total length of 415 feet. There is a significant amount of vegetation
providing a visual buffer from the adjacent property to the west. Staff notes that
the parking was correctly located on the site, pursuant to Z00-010, prior to the
adoption of the Northwest Fulton Overlay District’s requirement for larger
undisturbed buffers. Therefore, it is an “exceptional condition not caused by the
applicant” (Sec 64.1883) and Staff recommends VC11-04, Part 1 be APPROVED
CONDITIONAL.
VC11-04 – Part 2 - To reduce the 75 foot undisturbed buffer and 10 foot
improvement setback along the north property line where the existing and
proposed parking encroach to a 25 foot undisturbed buffer and 10 foot
improvement setback
Section 64-1141 (3) (b.) of the Northwest Fulton Overlay District requires a 75 foot
undisturbed buffer, with a 10 foot improvement setback, located adjacent to all
Prepared by the Community Development Department for the
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AG-1 (Agricultural) zoning districts and all property zoned, used, or developed
for residential uses. The applicant is requesting a concurrent variance to reduce
the 75 foot undisturbed buffer and 10 foot improvement setback to 25 feet
along the north property line where seven existing parking spaces are located.
There is a significant amount of vegetation providing a visual buffer from the
adjacent property to the north. Staff notes that the parking was correctly
located on the site, pursuant to Z00-010, prior to the adoption of the Northwest
Fulton Overlay District’s requirement for larger undisturbed buffers. Therefore, it is
an “exceptional condition not caused by the applicant” (Sec 64.1883) and Staff
recommends VC11-04, Part 2 be APPROVED CONDITIONAL.
BUILDING SIZE, ORIENTATION, SETBACK, HEIGHT, SCALE, AND PARKING
Sec 64-1145 (6) (c) requires that no on-site parking shall be located to the front
of a building and/or between a building and the public right-of-way. The site
plan meets this requirement for parking location.
BUILDING HEIGHT AND ROOF PITCH
Sec. 64-1145(4) 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. The proposed building is 17 feet 6 inches
in height from average-finished grade to the bottom of the eave at its highest
point.
VC11-04 – Part 3 To allow a 5 over 12 roof pitch (64-1146(3)(a)).
The applicant is requesting to decrease the roof pitch from 8 over 12 to 5 over
12 and states that the request is intended to support the preservation of the
farm-like, naturalistic ambience of the area. Secondly, the new structure will not
be seen from New Providence Road. In addition, there will not be a steeple on
the roof so that it will blend in with the naturalistic ambience of the area.
It is Staff’s opinion that the requested variance would not offend the spirit or
intent of the ordinance including but not limited to preserve and to ensure the
harmony and compatibility of the character of the area including its physical
appearance, natural setting and informal landscaping and to provide for the
construction of buildings and spaces that are human in scale, welcoming and
approachable. Therefore, based on the above consideration Staff
recommends VC11-04 – Part 3 be APPROVED CONDITIONAL.
BUILDING SETBACKS
VC11-04 – Part 4 - To increase the front setback from 30 feet from the landscape
strip to 250 feet (64-1145(3) (b)).
Prepared by the Community Development Department for the
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Sec. 64-1145 (3) (b) of the Northwest Fulton Overlay District requires a maximum
30-foot building setback from the edge of the required landscape strip and/or
easements for all properties and lots located adjacent to public rights-of-way
more than 400 feet from an intersection.
It is Staff’s opinion that the requested variance would not offend the spirit or
intent of the ordinance including but not limited to preserve and to ensure the
harmony and compatibility of the character of the area including its physical
appearance, natural setting and informal landscaping and to provide for the
construction of buildings and spaces that are human in scale, welcoming and
approachable.
Secondly, there is an extraordinary and exceptional situation pertaining to the
front portion of the property adjacent to New Providence Road where the strict
application of the ordinance would create an unnecessary hardship. There is a
dense woodland population of trees including hickory, umbrella magnolia,
beech, sweet gum, dogwoods, American holly, loblolly pine and oak. It also
represents a cross section of primarily native hardwoods and evergreen upland
species of trees as well as native rhododendrons found in mature undeveloped
woodlands in the area. The existing water oaks, maples and pines are specimen
size per the City of Milton’s Tree Preservation Ordinance. Based on the
conclusion of the above considerations for the concurrent variance, Staff
recommends that VC11-04, Part 4 be APPROVED CONDITIONAL.
PUBLIC INVOLVEMENT
On September 28, 2011 the applicant was present at the Community Zoning
Information Meeting held at the Milton City Hall. There were no members of the
community in attendance.
Public Participation Plan and Report
The applicant has met the requirements of the Public Participation Plan and
Report. The Public Participation meeting was held at the church on Thursday,
October 6, 2011 between the hours of 7:00 p.m. and 8:00 p.m. There was no one
who attended the meeting.
Public Comments – Staff has received one phone call from a nearby property
owner who was not in support of the proposed expansion.
City of Milton Design Review Board Meeting – October 4, 2011
New building should be similar in style to the existing farm building/house as
possible and incorporate materials.
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Difference between the required 8/12 roof pitch, and the requested 5/12
pitch is about 7 vertical feet. Prefer higher pitch. Lower roof looks more
industrial.
Consider dormers, or some treatment to break up mass of roof.
Consider wider vertical bands of Hardi Plank. Consider top of building
vertical; bottom horizontal. Consider a 5” wide siding which is reflective of
older buildings.
Since the north side of the property is adjacent to residential, provide
adequate landscaping to create buffer.
Likes the idea of gravel parking lot/minimizing asphalt.
Take into consideration the look of buildings across the street.
Although the building is not prominent on the property now, it could be in the
future as the church expands.
ENVIRONMENTAL SITE ANALYSIS
The Environmental Site Analysis (ESA) report is sufficient and satisfies the
requirement of Section 64.2126. A field survey of the site was conducted by Staff
to verify areas addressed in the ESA report. The proposed site does not contain
wetlands, floodplains, streams, steep slopes, or sensitive plant and animal
species. The new construction will not impact any historical or archeological
entities.
City of Milton Fire Marshal
The site may need to provide an additional fire hydrant based on the size and
location of the new building.
City Arborist
Existing trees are to remain throughout most of the site with the exception of the
area of the proposed sanctuary. None of the trees currently located within this
area are specimen or significant trees.
Undisturbed buffers shall be required to be planted to buffer standards where
sparsely vegetated.
City of Milton Building Official
Based on the type and number of occupancy, sprinkling of the building will be
required.
The City of Milton 2030 Comprehensive Plan
The City of Milton 2030 Comprehensive Plan recommends that the subject site
be developed as Agricultural, Equestrian, and Estate Residential (AEE).
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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 Sec. 64-1552 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 Sec.64-1804 of the Zoning
Ordinance, the proposed development is consistent with the intent and
following policy of the City of Milton 2030 Comprehensive Pl an:
We will encourage development that is sensitive to the overall
setting of the community and will contribute to our community’s
character and sense of place.
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 expansion is
expected to be compatible with other land uses in the surrounding area.
C. Whether the proposed use may violate local, state and/or federal statutes,
ordinances or regulations governing land development;
The proposed use does not violate any known local, state and/or federal
statutes, ordinances or regulations governing land development if
approved with the recommended conditions.
D. The effect of the proposed use on traffic flow, vehicular and pedestrian,
along adjoining streets;
The proposed use will not create congestion including the growing traffic
on New Providence Road as cited in the applicant’s traffic study.
The Milton Trail Plan indicates that the trail shall be on the east side of New
Providence Road and not on the subject site.
E. The location and number of off-street parking spaces;
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 7, 2011
11/14/2011 Page 19 of 22
U11-02/VC11-04
RA/ U00-010
As indicated in the Site Plan Analysis, the subject site requires a total of 50
parking spaces located which are located on the site per the Northwest
Fulton Overlay District. In addition, the existing and proposed parking will
be gravel with exception of the required handicapped parking spaces.
F. The amount and location of open space;
The applicant’s site plan indicates that approximately half of the subject
site remains undeveloped. Staff is of the opinion that the proposed
development will provide adequate open space for the proposed
development.
G. Protective screening;
If developed in accordance with the requirements of the Zoning
Ordinance and requested concurrent variances, the existing wooded
areas and sparsely vegetated areas planted to buffer standards will
provide adequate screening to the adjacent AG-1 (Agricultural) zoned
properties.
H. Hours and manner of operation;
The applicant has stated that the operations for the church will be on
Sunday from 9:30 a.m. to 11:30 a.m. and on Tuesday from 7:30 p.m. to 8:30
p.m. In addition, the building will be open for general administrative and
counseling functions Monday through Friday, 9:00 a.m. to 4:00 p.m.
I. Outdoor lighting;
The applicant has minimal security lighting on site. Staff notes that the site
shall be in compliance with Sec. 64-1144 of the Northwest Fulton Overlay
District regarding outdoor lighting.
J. Ingress and egress to the property.
The applicant’s site plan indicates one curb cut on New Providence
Road. The driveway will be required to be improved to meet minimum
site distance standards and provide for two-way traffic. These
requirements are reflected in the Recommended Conditions.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 7, 2011
11/14/2011 Page 20 of 22
U11-02/VC11-04
RA/ U00-010
CONCLUSION
The proposed church is consistent with Council and Plan Policies, Use Permit
Considerations and compatible with the surrounding area, if developed in
accordance with the requirements of the Zoning Ordinance and Staff’s
Recommended Conditions. Therefore, Staff recommends APPROVAL
CONDITIONAL of U11-02 for the proposed expansion of the church. In addition,
Staff recommends APPROVAL CONDITIONAL of VC11-02, Parts 1-4.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 7, 2011
11/14/2011 Page 21 of 22
U11-02/VC11-04
RA/ U00-010
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council , it should be approved
for a USE PERMIT for a church (Sec. 64-1804) CONDITIONAL subject to the
owner’s agreement to the following enumerated conditions. Where these
conditions conflict with the stipulations and offerings contained in the Letter of
Intent, these conditions shall supersede unless specifically stipulated by the
Mayor and City Council .
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Restrict the use of the subject property to a 224 seat church and
accessory uses, for a total of 12,120 square feet within two buildings
at a maximum density of 2,430 square feet per acre, whichever is
less.
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the City of Milton Community
Development Department on September 2, 2011. Said site plan is
conceptual only and must meet or exceed the requirements of the
Zoning Ordinance and these conditions prior to the approval of a
Land Disturbance Permit. Unless otherwise noted herein,
compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy.
3) To the owner’s agreement to the following site development
considerations:
a) To allow the existing parking area to encroach into the 75 foot buffer
and 10 foot improvement setback along the west property line as
depicted on the site plan referenced in Condition 2a.
(VC11-04 – Part 1)
b) To allow the existing and proposed parking to encroach into the 75
foot buffer and 10 foot improvement setback along the north property
line as depicted on the site plan referenced in Condition 2a.
(VC11-04 – Part 2)
c) To allow a 5 over 12 roof pitch on the proposed new building.
(VC11-04 – Part 3)
d) To provide a 250 foot front building setback from the front landscape
strip for the proposed new building. (VC11-04 – Part 4)
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 7, 2011
11/14/2011 Page 22 of 22
U11-02/VC11-04
RA/ U00-010
e) Access to the site shall be subject to the approval of City of Milton
Department of Public Works, prior to the issuance of a Land
Disturbance Permit. Entrance(s) shall conform to Chapter 48 Streets,
Sidewalks and Other Public Places of the City of Milton Code of
Ordinances, or be reconstructed to meet such criteria as required by
the Department of Public Works. At a minimum the following shall
apply:
i. Driveway shall be relocated to meet minimum sight distance
requirements.
ii. Driveway shall be modified to provide for two way traffic at a
minimum width of 24 feet.
ORDINANCE NO._______
PETITION NO. U11-02/VC11-04
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO APPROVE A USE PERMIT FOR A CHURCH AT 12830 NEW
PROVIDENCE ROAD, LOCATED ON THE WEST SIDE OF NEW PROVIDENCE R OAD
HAVING A FRONTAGE OF 468.60 FEET
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
November 21, 2011 at 6 :00 p.m. as follows:
SECTION 1. That the Zoning Ordinance o f the City of Milton be amended so that the
following property located as described above, consisting of a total of approximately 4.998 acres as
described in the attached legal description, be granted a Use Permit for a church (Chapter 64, Article
IX, Division 5, Sec. 64-1804 with conditions, attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lot 1093 of the 2nd District 2nd Section,
City of Milton, Fulton County, Georgia; and
SECTION 2. That the Use Permit listed in the attached conditions of approval, be approved
under the provisions Chapter 64, Article IX, Division 5, Sec 64-1804 of the Zoning Ordinance of
the City of Milton; and
SECTION 3. That the property shall be developed in compliance wit h the conditions of
approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do
not authorize the violation of any district regulations; and
SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this
ordinance are hereby repealed; and
SECTION 5. This Ord inance shall become effective upon adoption by the Mayor and City
Council and the signature of approval of the Mayor.
ORDAINED this 21st day of November, 2011.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
________________________________
Sudie Gordon, City Clerk
(Seal)
RECOMMENDED CONDITIONS
12830 New Providence Road
U11-02/VC11-04
T he Mayor and City Council approved a USE PERMIT for a church (Sec. 64-1804)
CONDITIONAL subject to the owner’s agreement to the following enumerated
conditions. Where these conditions conflict with the stipulations and offerings
contained in the Letter of Intent, these conditions shall supersede unless specifically
stipulated by the Mayor and City Council .
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Restrict the use of the subject property to a 224 seat church and
accessory uses, for a total of 12,120 square feet within two buildings at
a maximum density of 2,430 square feet per acre, whichever is less.
2) To the owner’s agreement to abide by the following :
a) To the site plan received by the City of Milton Community
Development Department on September 2, 2011. 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 own er’s agreement to the following site development considerations:
a) To allow the existing parking area to encroach into the 75 foot buffer and
10 foot improvement setback along the west property line as depicted on
the site plan referenced in Condition 2a.
(VC11-04 – Part 1)
b) To allow the existing and proposed parking to encroach into the 75 foot
buffer and 10 foot improvement setback along the north property line as
depicted on the site plan referenced in Condition 2a.
(VC11-04 – Part 2)
c) To allow a 5 over 12 roof pitch on the proposed new building.
(VC11-04 – Part 3)
d) To provide a 250 foot front building setback from the front landscape strip
for the proposed new building. (VC11 -04 – Part 4)
e) Access to the site shall be subject to the approval of City of Milton
Department of Public Works, prior to the issuance of a Land Disturbance
Permit. Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and
Other Public Places of the City of Milton Code of Ordinances, or be
reconstructed to meet such criteria as required by the Department of
Public Works. At a minimum the following shall apply:
i. Driveway shall be relocated to meet minimum sight distance
requirements.
ii. Driveway shall be modified to provide for two way traffic at a
minimum width of 24 feet.
SITE PLAN SUBMITTED ON SEPTEMBER 2, 2011
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City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
1
To: Honorable Mayor and City Council Members
From: Kathleen Field, Community Development Director
Date: November 9, 2011 for the November 21, 2011, City Council Meeting (November
14, 2011 Work Session)
Agenda Item: RZ11-18 – To create Article VI, Division 26 of the Zoning Ordinance (Chapter 64
of the City Code) – H (Historic) District
CMO (City Manager’s Office) Recommendation:
The Mayor and City Council to hear and approve the attached text amendment to create a new
H (Historic) District, Article VI, Division 26 of the City of Milton Zoning Ordinance.
Background:
Article 18 of the City of Milton Zoning Ordinance “Historic Preservation Commission” was
adopted by the City of Milton Mayor and City Council on June 21, 2010. Prior to the adoption of
the HPC Ordinance, the Historic Preservation Committee discussed a tool to help preserve
historic buildings in the City by adopting a Prior Use section. After further discussions, the
Historic Preservation Committee chose an alternative method to help preserve historic
buildings, a new zoning district called the H (Historic) district. This proposed new zoning district
was included in the adopted Historic Pr eservation Commission Ordinance on June 21, 2010.
After the adoption of the Ordinance, Staff forwarded it to Leigh Burns from the Georgia Historic
Preservation Division for her review and comment. There were several items that she requested
be removed from the adopted ordinance, one of which was the H (Historic) District stating that
only issues of preservation and not land use issues are under the purview of the HPC. On
October 17, 2011 the Mayor and City Council approved a text amendment that reflected those
items. The Historic Preservation Commission recommended that the H (Historic) District be
created outside of the HPC Ordinance to provide a tool for preserving historic buildings .
Discussion:
The purpose of the new zoning district is to allow for a Historic structure to be used, protected,
renovated and preserved based on its historic value to the community. It allows a specific,
previous use to continue in the structure where the use would be considered non-conforming as
defined in the current Zoning Ordinance. In addition, It would be implemented in a similar
fashion as a CUP (Community Unit Plan) or MIX (Mixed Use) whereas the applicant would
propose the development standards for the subject site that allows flexibility to conform to
grandfathered non-conforming sites.
The applicant shall provide to Staff proof that the proposed use previously existed on the
subject site and the use must continue in the original structure. In addition, the structure must be
designated as Historic by the City of Milton Historic Preservation Commission (HPC) and must
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
2
be completed prior to the City accepting a rezoning application for the structure, unless
otherwise determined by the Community Development Director it is in the best interest of the
City to process the designation together because of the risk of probable demolition. Lastly, if the
permitted use ceases to exist on the subject site for more than six (6) months the zoning shall
revert back to the district in force at the adoption of the Zoning Ordinance.
The H (Historic) District was first proposed and discussed at a joint work session with the
Historic Preservation Commission and Planning Commission on August 24, 2011.
The proposed text amendment was on the Community Zoning Information Meeting agend a on
September 28, 2011. No one was in attendance. The Planning Commission reviewed the
proposed ordinance on October 25, 2011 and had the following concerns with the proposed
ordinance:
It is their opinion that it is a tool for “spot zoning” and would create precedence for future
non-residential zonings in the area.
Questions regarding the reversion of the zoning district if the use ceases for more than
6 months.
Requested that Staff provide an analysis in the staff report comparing the applicant’s
request for development standards of the H (Historic) district with any concurrent
variances required for a traditional zoning district for the site.
After further deliberation, the Planning Commission recommended approval (5-1) of the text
amendment with the changes proposed by the Planning Commission.
The City Attorney reviewed the text amendment with the Planning Commission
recommendations and made the following substantive changes to the proposed ordinance:
Sec. 64-953 (a) – Rewrote this paragraph regarding the City Council’s ability to write
conditions of zoning for the use on the property. If no condition is included, the use of the
property shall be limited to the most intense use on any property adjacent to the subject
property.
Sec. 64-953 (b) – Clarified the distinction that the H District is only available for property
on which a proposed Historic use was non-conforming under the existing zoning district.
In addition, the paragraph outlines the requirements to establish the previous historic
use on the site.
Sec. 64-953 (g) – Deleted the reversion language based on the Georgia Zoning
Procedure’s law does not permit automatic reversion of zoning without notice and
hearing. The City Council has the power to initiate a rezoning on the subject property to
the previous zoning classification.
Sec. 64-954 – Wrote additional language to state that the City Council shall consider the
property’s overlay district and the Zoning Ordinance as it pertains to the proposed
Historic use as well as other reasonable conditions of zoning. In addition, Council’s
zoning conditions shall have precedence over any conflicting requirement, regulation o r
standard found in either the overlay d istrict or Zoning Ordinance regulations.
A clean version is provided for your review that incorporates the City Attorney’s recommended
changes . In addition, a red lined version that includes changes recommended by the Planning
Commission and a red lined version of the City Attorney’s recommendation are included.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
3
Alternatives:
The Mayor and City Council may choose to approve, deny or defer the Text Amendment to
create Article VI, Division 26 of the Zoning Ordinance (Chapter 64 of the City Code) –
H (Historic) District to the City of Milton Zoning Ordinance.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney
Page 1 of 2
RZ11-18 – Text Amendment to Create the H Historic District prepared for the
November 21, 2011 Mayor and City Council Meeting (November 14 WS)
Division 26 H HISTORIC DISTRICT
Sec 64-952 Scope and intent.
(a) The regulations set forth in this division are the H district regulations. The H district is intended
to allow for a Historic structure to be used, protected, renovated and preserved, based on its
historic value to the community. It may allow a specific, previous use to continue in a structure
where that use would be considered nonconforming as defined in the current City of Milton
Zoning Ordinance. This designation will help preserve the rich traditions of history and culture
evident in Milton’s original settlement.
Sec. 64-953 Use regulations.
Within the H district, land and structures shall be used in accordance with standards herein.
(a) When approving H District classification for a property, the Milton City Council shall designate as
a condition of zoning any limitations on the use of the subject property or structures located
thereon. If no such condition is included, the use of the subject property shall be limited to the
most intense use allowed on any property adjacent to the subject property.
(b) H District classification shall only be available for property on which a proposed Historic use
would be deemed non-conforming under the existing zoning classification. Existence of the
Historic use of the subject property may be established by, among other things, historic pictures
of the subject property, deeds, bills of sale, and/or personal affidavits.
(c) The proposed Historic use shall be limited to those Historic structures identified on the subject
property and may not be expanded.
(d) Any structure for which a non-conforming Historic use is proposed must first be designated as
Historic by the City of Milton Historic Preservation Commission. The historic designation process
must be completed prior to the City accepting a rezoning application for the subject property,
unless the Community Development Director determines that it is in the best interest of the City
to process the designation and zoning applications together because of the risk of probable
demolition.
(e) The proposed Historic use shall be compatible with the surrounding land uses.
(f) The proposed Historic use shall not result in the removal of historical characteristics of the
structure or site, including mature landscaping.
Sec. 64-954 Development standards.
In order to allow for the unique nature of the properties receiving the H District classification, there are
no district-specific development standards. However, all other requirements of the subject property’s
Overlay District and the City of Milton Zoning Ordinance, including, but not limited to those identified in
Section 64-955, shall be maintained. In addition, the Milton City Council shall consider the subject
property’s overlay district and City of Milton Zoning Ordinance as it pertains to the proposed Historic
Page 2 of 2
RZ11-18 – Text Amendment to Create the H Historic District prepared for the
November 21, 2011 Mayor and City Council Meeting (November 14 WS)
use, and may adopt reasonable conditions of zoning with respect to the following, without the need for
a variance:
(a) Maximum structure height
(b) Minimum lot area
(c) Maximum density
(d) Minimum lot width
(e) Minimum development frontage
(f) Minimum lot frontage
(g) Minimum heated floor area
(h) Minimum front yard setback
(i) Minimum side corner setback
(j) Minimum side yard setback
(k) Minimum rear setback
(l) Accessory structure requirements
(m) Buffer requirements
(n) Parking requirements
(o) Parking lot tree requirements
(p) Lighting requirements
(q) Fencing requirements
(r) Signage limitations
Notwithstanding any provisions to the contrary found in the City of Milton Zoning Ordinance, the zoning
conditions adopted by the Milton City Council shall have precedence over any conflicting requirement,
regulation or standard found in either the Overlay District regulations or the City of Milton Zoning
Ordinance.
Sec. 64-955 Other regulations.
The following headings contain provisions applicable to the H district:
1. Development regulations: article XVII of this zoning ordinance.
2. Exceptions: article II, division 3 of this zoning ordinance.
3. Floodplain management: article IV of this zoning ordinance.
4. Off-street parking and loading: article VIII of this zoning ordinance.
5. Outside storage: article II, division 2 of this zoning ordinance.
6. Landscape area and buffer regulations: article III of this zoning ordinance.
7. Signs: article XVI of this zoning ordinance.
8. Noise study report: section 64-2131.
CITY ATTORNEY’S COMMENTS OF RECOMMENDED CHANGES BY THE PLANNING COMMISSION
Page 1 of 3
RZ11-18 – Text Amendment to Create the H Historic District prepared for the
November 21, 2011 Mayor and City Council Meeting (November 14 WS)
City Attorney’s Comments made 11/4/11
Division 26 H HISTORIC DISTRICT
Sec 64-952 Scope and intent.
(a) The regulations set forth in this division are the H district regulations. The H district is intended
to allow for a hHistoric structure to be used, protected, renovated and preserved, based on its
historic value to the community. It may allow a specific, previous use to continue in a structure
where that use would be considered nonconforming as defined in the current City of Milton
Zoning Ordinance. This designation will help preserve the rich traditions of history and culture
evident in Milton’s original settlement.
Sec. 64-953 Use regulations.
Within the H district, land and structures shall be used in accordance with standards herein.
(a) The permitted use of the structure shall be approved is subject to approval by the Milton City
Council, per the rezoning process as outlined in Article XIV of the City of Milton Zoning
Ordinance.When approving H District classification for a property, the Milton City Council shall
designate as a condition of zoning any limitations on the use of the subject property or structures
located thereon. If no such condition is included, the use of the subject property shall be limited
to the most intense use allowed on any property adjacent to the subject property.
(b) H District classification shall only be available for property on which a proposed Historic use
would be deemed non-conforming under the existing zoning classification. Existence of the
Historic use of the subject property may be established by, among other things, The applicant
shall offer proof that the proposed use previously existed on the subject site. Hhistoric pictures
of the sitesubject property, deeds, bills of sale, and/or personal affidavits will be acceptable
proof.
(c) The proposed Historic use shall be limited to those Historic structures identified on the subject
property and may not be expandedmust continue in the original structure.
(d) Any structure for which a non-conforming Historic use is proposedThe structure must first be
designated as Historic by the City of Milton Historic Preservation Commission. The historic
designation process must be completed prior to the City accepting a rezoning application for the
subject structureproperty, unless the Community Development Director determines that it is in
the best interest of the City to process the designation and zoning applications together because
of the risk of probable demolition.
(e) The proposed Historic use is shall be compatible with the surrounding residential
neighborhoodland uses.
(f) The proposed Historic use does shall not result in the removal of historical characteristics of the
structure or site, including mature landscaping.
(g) If the permitted use ceases to exist on the subject site for more than six (6) months the zoning
shall revert back to the district in force at the adoption of this Zoning Ordinance.
Formatted: Normal, Indent: Left: 0"
Comment [PBF1]:
Comment [PBF2]: Is this intended to be a
limitation on the Council's ability to approve such a
district? I do not know that this is necessarily
required so long as we spell out that the H district
classification is only available for property where
the proposed use can be deemed a "Historic" use.
Comment [PBF3]: I have removed the reversion
language because it is our position that Georgia's
Zoning Procedure's Law does not permit automatic
reversion of zoning without notice and hearing. If
the Council believes that the subsequent
discontinuance of a Historic use justifies a return to
the previous zoning classification, it has the power
to initiate a rezoning. Sec. 64-2059.
CITY ATTORNEY’S COMMENTS OF RECOMMENDED CHANGES BY THE PLANNING COMMISSION
Page 2 of 3
RZ11-18 – Text Amendment to Create the H Historic District prepared for the
November 21, 2011 Mayor and City Council Meeting (November 14 WS)
City Attorney’s Comments made 11/4/11
Sec. 64-954 Development standards.
In order to allow for the unique nature of the properties receiving the H District classification, there are
no district-specific development standards. However, all other requirements of the subject property’s
Overlay District and the City of Milton Zoning Ordinance, including, but not limited to those identified in
Section 64-955, shall be maintained. In addition, the Milton City Council shall consider the After first
taking into account the subject siteproperty’s overlay district and City of Milton Zoning Ordinance as it
pertains to the requestedproposed Historic use, and may adopt reasonable conditions of zoning with
respect to Tthe following, standards shall may be determined by conditions set forth by the Milton City
Council without the need for a variance:
(a) Maximum structure hHeight
(b) Minimum lot area
(c) Maximum dDensity
(d) Minimum lot width
(e) Minimum development frontage
(f) Minimum lot frontage
(g) Minimum heated floor area
(h) Minimum front yard setback
(i) Minimum side corner setback
(j) Minimum side yard setback
(k) Minimum rear setback
(l) Minimum Aaccessory structure requirements
(m) Buffer requirements
(n) Parking requirements
(o) Parking lot tree requirements
(p) Lighting requirements
(q) Fencing requirements
(r) Signage limitations
Notwithstanding any provisions to the contrary found in the City of Milton Zoning Ordinance, While the
zZoning conditions adopted by the Milton City Council shall have precedence over any conflicting
requirement, regulation or standard found in either the Overlay District regulations or the City of Milton
Zoning Ordinancet,. all other requirements of the subject site’s Overlay District and the City of Milton
Zoning Ordinance shall be maintained.
CITY ATTORNEY’S COMMENTS OF RECOMMENDED CHANGES BY THE PLANNING COMMISSION
Page 3 of 3
RZ11-18 – Text Amendment to Create the H Historic District prepared for the
November 21, 2011 Mayor and City Council Meeting (November 14 WS)
City Attorney’s Comments made 11/4/11
Sec. 64-6955 Other regulations.
The following headings contain provisions applicable to the H district:
1. Development regulations: article XVII of this zoning ordinance.
2. Exceptions: article II, division 3 of this zoning ordinance.
3. Floodplain management: article IV of this zoning ordinance.
4. Off-street parking and loading: article VIII of this zoning ordinance.
5. Outside storage: article II, division 2 of this zoning ordinance.
6. Landscape area and buffer regulations: article III of this zoning ordinance.
7. Signs: article XVI of this zoning ordinance.
8. Noise study report: section 64-2131.
PLANNING COMMISSION RECOMMENDATION EDITS SHOWN IN RED FROM THE
10/25/11 PC MTG
Page 1 of 3
RZ11-18 – Text Amendment to Create the H Historic District prepared for the
November 21, 2011 Mayor and City Council Meeting (11.14.11 Council WS)
Edits by the Planning Commission are shown in red
Division 26 H HISTORIC DISTRICT
Sec 64-952 Scope and intent.
(a) The regulations set forth in this division are the H district regulations. The H district is intended
to allow for a hHistoric structure to be used, protected, renovated and preserved, based on its
historic value to the community. It may allow a specific, previous use to continue in a structure
where that use would be considered nonconforming as defined in the current City of Milton
Zoning Ordinance. This will help preserve the rich traditions of history and culture evident in
Milton’s original settlement.
Sec. 64-953 Use regulations.
Within the H district, land and structure shall be used in accordance with standards herein.
(a) The permitted use of the structure shall be approved is subject to approval by the Milton City
Council, per the rezoning process as outlined in Article XIV of the City of Milton Zoning Ordinance.
(b) The applicant shall offer proof that the proposed use previously existed on the subject site.
Historic pictures of the site, deeds, bills of sale, and/or personal affidavits will be acceptable
proof.
(c) The proposed use must continue in the original structure.
(d) The structure must be designated as Historic by the City of Milton Historic Preservation
Commission. The designation process must be completed prior to the City accepting a rezoning
application for the structure, unless the Community Development Director determines that it is in
the best interest of the City to process the designation and zoning applications together because
of the risk of probable demolition.
(e) The use is shall be compatible with the surrounding residential neighborhood.
(f) The use does shall not result in the removal of historical characteristics of the structure or site,
including mature landscaping.
(g) If the permitted use ceases to exist on the subject site for more than six (6) months the zoning
shall revert back to the district in force at the adoption of this Zoning Ordinance.
Sec. 64-954 Development standards.
After first taking into account the subject site’s overlay district and City of Milton Zoning Ordinance as it
pertains to the requested use, Tthe following standards shall may be determined by conditions set forth
by the Milton City Council without the need for a variance:
(a) Height
(b) Minimum lot area
(c) Density
(d) Minimum lot width
PLANNING COMMISSION RECOMMENDATION EDITS SHOWN IN RED FROM THE
10/25/11 PC MTG
Page 2 of 3
RZ11-18 – Text Amendment to Create the H Historic District prepared for the
November 21, 2011 Mayor and City Council Meeting (11.14.11 Council WS)
Edits by the Planning Commission are shown in red
(e) Minimum development frontage
(f) Minimum lot frontage
(g) Minimum heated floor area
(h) Minimum front yard setback
(i) Minimum side corner setback
(j) Minimum side yard setback
(k) Minimum rear setback
(l) Minimum accessory structure requirements
(m) Buffers
(n) Parking requirements
(o) Parking lot tree requirements
(p) Lighting requirements
(q) Fencing requirements
(r) Signage
While the Zoning conditions shall have precedencet, all other requirements of the subject site’s Overlay
District and the City of Milton Zoning Ordinance shall be maintained.
Sec. 64-695 Other regulations.
The following headings contain provisions applicable to the H district:
1. Development regulations: article XVII of this zoning ordinance.
2. Exceptions: article II, division 3 of this zoning ordinance.
3. Floodplain management: article IV of this zoning ordinance.
4. Off-street parking and loading: article VIII of this zoning ordinance.
5. Outside storage: article II, division 2 of this zoning ordinance.
6. Landscape area and buffer regulations: article III of this zoning ordinance.
7. Signs: article XVI of this zoning ordinance.
8. Noise study report: section 64-2131.
PLANNING COMMISSION RECOMMENDATION EDITS SHOWN IN RED FROM THE
10/25/11 PC MTG
Page 3 of 3
RZ11-18 – Text Amendment to Create the H Historic District prepared for the
November 21, 2011 Mayor and City Council Meeting (11.14.11 Council WS)
Edits by the Planning Commission are shown in red
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ11-18
AN ORDINANCE TO CREATE A NEW ZONING DISTRICT IN ARTICLE VI, DIVISION 26,
OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF
ORDINANCES) CALLED THE H (HISTORIC) DISTRICT
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on November 21, 2011 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates to Amending Chapter 64, Article VI, Division 26 to
create a new zoning district to be called the H (Historic) District to assist in preserving historic
property or properties as set forth in Article XVII, “Historic Preservation Commission” and;
SECTION 2. That by adopting this ordinance, may allow a historic building, as designated by
the City of Milton Historic Preservation Commission, original use or uses for the said structure
to operate within the City is hereby adopted and approved; and is attached hereto as if fully set
forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 21st day of November, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Matt Marietta, Fire Marshal
Date: Submitted on October 3, 2011 for First Presentation at the November 7, 2011
Regular Council Meeting and the November 21, 2009 Regular Council Meeting
for its Second Reading
Agenda Item: Annual Re-enactment of the Ordinance Approving and Establishing the
Regulation of Solid Waste Collection Services within the City of Milton, and
Providing for the Scope and Nature of the Operation of Such Services
City Manager’s Office Recommendation
Re-approve the ordinance approving and establishing the regulation of solid waste collection
services within the City of Milton, and direct City Staff to facilitate the contracting of such
services to providers currently in operation and those who may become in operation.
Background
The original ordinance was passed on November 21, 2006 and has been renewed each
successive year since its original enactment. The City’s authority to enter into solid waste
franchise agreements emanates from this ordinance.
Discussion
This ordinance needs to be re-enacted each year in order to continue the validity of our solid
waste franchise agreements. The following companies are on the current list of approved
haulers:
1-800-Got Junk GW Lovelace
Advanced Disposal M&M Waste
Allegiance Sanitation The Dumpster Company
American Disposal
Services Red Oak Sanitation
Arrow, Inc. Republic Services
Community Waste
Services Waste Management
Custom Disposal Waste Pro
Henry Edward Kincaid
There have been very few service-related complaints on any of these companies over the past
year. The tentative recommendation is re-approval of the list and Ordinance as it currently
stands. However, three of the companies have not been submitting their quarterly reports/fees.
Each of these have been contacted formally via certified mail, and the course of action
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
2
regarding their presence on the approved haulers list will be established by the time of the
formal hearing on the reissuance of the Ordinance.
Funding and Fiscal Impact
The ordinance contains the requirement for an infrastructure maintenance fee to be paid to the
City quarterly in the amount of 5% of gross revenues. The impact to residential constituents has
been less than one dollar ($1.00) per month. Further, this revenue is dedicated to the
maintenance of infrastructure, primarily the resurfacing of roadways.
Alternatives
If not re-enacted, the City would lose its authority to regulate solid waste collection within our
corporate limits and the ability to collect franchise fees for the same activity, with the
accompanying loss of revenue.
Concurrent Review
Chris Lagerbloom, City Manager
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 1 of 21
AN ORDINANCE REAFFIRMING AND ESTBLISHING CHAPTER 46 OF THE MILTON
CODE OF ORDINACES GOVERNING SOLID WASTE COLLECTION SERVICES WITHIN
THE CITY OF MILTON; PROVIDING FOR THE SCOPE AND NATURE OF THE
OPERATION; PROVIDING FOR THE DISPOSAL OF GARBAGE, SOLID WASTE AND
REFUSE; REQUIRING THE EXECUTION BY SERVICE PROVIDERS OF A NON-
EXCLUSIVE AGREEMENT WITH THE CITY OF MILTON; PROVIDING PROCEDURES
FOR THE HANDLING OF COMPLAINTS; PROVIDING FOR AN INFRASTRUCTURE
MAINTENANCE FEE; REQUIRING INDEMNITY INSURANCE; PROVIDING FOR
REVOCATION AND AMENDMENT; PROHIBITING ASSIGNMENT AND SUBLETTING
WITHOUT CONSENT; PROVIDING FOR FORFEITURE; AND FOR MAKING OTHER
PROVISIONS.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on November 21, 2011 at 6:00 p.m. as follows:
SECTION 1. The City of Milton (“City”) seeks to provide standards of operation, regulation,
and oversight in the providing of solid waste services within the corporate city limits;
SECTION 2. Pursuant to past iterations of this Ordinance, the City has currently recognized the
following companies as “Approved Haulers” in the City limits: 1-800-GOT-JUNK, Advanced
Disposal, Allegiance Sanitation, American Disposal Services, Arrow Inc., Community Waste
Services, Custom Disposal, Henry Edward Kincaid, GW Lovelace, M&M Waste, The Dumpster
Company, Red Oak Sanitation, Republic Services, Waste Management, and Waste Pro;
SECTION 3. The City seeks to reaffirm the current “Approved Haulers” List as long as the
companies are found to be acting consistently with the Ordinance and recognizes that the City
Council may seek to amend the Approved Haulers List as need arises and in accordance with the
established Solid Waste Ordinance;
SECTION 4. It is in the interest of the City and its citizens to offer companies currently
providing such services a non-exclusive contract on such terms and conditions that will provide
the City with the controls and options necessary to provide for the public good; and
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 2 of 21
SECTION 5. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 21st day of November, 2011.
__________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 3 of 21
Chapter 46 - SOLID WASTE [46]
(46) State Law reference— Solid waste management generally, O.C.G.A. § 12-8-20 et seq.; Georgia
Comprehensive Solid Waste Management Act, O.C.G.A. § 12-9-1; hazardous waste management,
O.C.G.A. § 12-8-79; local and regional solid waste plans, O.C.G.A. § 12 -8-31.1; tire disposal restrictions,
O.C.G.A. § 12-8-40.1; yard trimmings and disposal restrictions, O.C.G.A. § 12-8-40.2; authorization for
local government units to enforce collection of taxes, fees, or assessments for solid waste management,
O.C.G.A. § 12-8-39.3; authority of local governments to adopt and enforce local regulations for the
handling and disposal of solid waste, O.C.G.A. § 12-8-30.9; Litter Control Law, O.C.G.A. § 16-7-40;
transporting garbage or waste across state or county boundaries pursuant to contract, O.C.G.A. § 36-1-
16; Resource Recovery Development Authorities Law, O.C.G.A. § 36 -63-1 et seq.; littering highways,
O.C.G.A. § 40-6-249.
ARTICLE I. - IN GENERAL
ARTICLE II. - LITTERING
ARTICLE III. - COLLECTION SERVICES
ARTICLE I. - IN GENERAL
Sec. 46-1. - Definitions.
Sec. 46-2. - Purpose.
Sec. 46-3. - Collection fees.
Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations.
Secs. 46-5—46-23. - Reserved
Sec. 46-1. - Definitions.
For the purpose of this chapter, whenever inconsistent with the context, words used in the
present tense include the future tense, words in the plural include the singular, words in the
singular include the plural, and the use of any gender shall be applicable to all genders
whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is
permissive. Words not defined in this section or otherwise in this chapter shall be given their
common and ordinary meaning.
The following words, terms, phrases and their derivations shall, in this chapter, have the
meaning given in this section.
Approved container or approved bag or container or bag means those containers used in the
collection of solid waste, as defined in this chapter, which have been approved by the company
for use by both residential and commercial customers.
Area shall mean the area within the boundaries of the incorporated areas of the City of Milton,
as they exist as of the effective date in addition to future boundary changes as outlined in [the
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 4 of 21
term "city"].
City means the City of Milton, Georgia, an incorporated municipal government in Fulton County,
State of Georgia. Boundaries defining the city limits may be changed via ordinances approved
by the city council, for which any new boundary created shall be subject to this contract.
Commercial unit shall mean any structure, whether freestanding or designed to serve multiple
tenants, whose primary purpose is for conducting business.
Company means any organization, firm, person, entity, corporation or other business that
contracts with customers to provide for the collection and disposal of solid waste material as
defined in this article, and including but not limited to construction/demolition debris, dead
animals, garbage, waste, storm debris, yard trimmings, and recyclable material.
Construction/demolition debris shall have the meaning set forth by the Georgia Department of
Natural Resources, Environmental Protection Division (Georgia EPD Chapter 391-3-4.01(14)).
Construction site shall mean any parcel of land or real property having land disturbance,
clearing and grading, demolition, improvements and betterments, renovation, remodeling and/or
new construction work performed thereon or about the real property or premises whether or not
a land disturbance and/or building permit is required.
Customer shall mean any firm, person, entity, corporation or organization that contracts with a
company for the collection and disposal of solid waste material as defined in this chapter, and
including, but not limited to, construction/demolition debris, dead animals, garbage, waste,
storm debris, yard trimmings, and recyclable material.
Dead animals shall mean animals or portions thereof equal to or greater than ten pounds in
weight that have died from any cause, except those slaughtered or killed for human use.
Effective date means any contract executed between the city and any company on or after
December 1, 2009.
Environmental laws means all applicable laws, directives, rules, ordinances, codes, guidelines,
regulations, governmental, administrative or judicial orders or decrees or other legal
requirements of any kind, including, without limitation, common law, whether currently in
existence or hereafter promulgated, enacted, adopted or amended, relating to safety,
preservation or protection of human health and the environment (including ambient air, surface
water, groundwater, land, or subsurface strata) and/or relating to the handling, treatment,
transportation or disposal of waste, substances or materials, including, without limitation, any
matters related to releases and threatened releases of materials and substances.
Garbage shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division ("Georgia EPD Chapter 391-3-4-.01(21)).
Gross receipts shall mean the total amount collected by the company from any and all
customers for services rendered under authority of this chapter as a result of charges for
service. Gross receipts shall not include the infrastructure maintenance fee identified in this
chapter.
Hazardous materials means any pollutant, contaminant, hazardous or toxic substance,
constituent or material, including, without limitation, petroleum products and their derivatives, or
other substances, regulated under or pursuant to any environmental laws. The term "hazardous
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 5 of 21
materials" also includes any pollutant, contaminant, hazardous or toxic substance, constituent or
material, including, without limitation, petroleum products and their derivatives, or other
substance that is, after the date first written above, deemed hazardous be any judicial or
governmental entity, body or agency having jurisdiction to make that determination.
Hazardous waste means any waste regulated under or pursuant to any environmental laws,
including, but not limited to, any solid waste which has been defined as a hazardous waste in
regulations promulgated by the Board of Natural Resources, Chapter 291-3-11. The term
"hazardous waste" also includes hazardous materials and any waste that is, after the effective
date of this agreement, deemed hazardous by any judicial or governmental entity, board, body
or agency having jurisdiction to make that determination. The term "hazardous waste" will be
construed to have the broader, more encompassing definition where a conflict exists in the
definitions employed by two or more governmental entities having concurrent or overlapping
jurisdiction over hazardous waste.
Recycling shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(57).
Residential unit shall mean any structure, whether single family, multi-family, or otherwise
whose primary purpose is for living.
Solid waste means the collection of residential and commercial nonrecyclable waste, residential
and commercial recyclable waste, and residential yard trimmings/waste.
Term shall mean a period of one year from the effective date.
Waste means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including
residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure, vegetable or
animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes.
Yard trimmings shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(77).
(Ord. No. 06-11-04, § 1, 11-21-2006; Ord. No. 07-11-54, § 1, 11-15-2007; Ord. No. 08-11-30, §
1, 11-17-2008; Ord. No. 10-11-84, § 1, 11-15-2010)
Sec. 46-2. - Purpose.
This chapter regulates the collection and disposal of waste and garbage including, but not
limited to, all waste byproducts of manufacturing or commercial establishments, cinders and
ashes from commercial boilers, and cardboard and wooden boxes, crates and barrels, as well
domestic waste including meat, vegetable and fruit scraps, cans, bottles, paper, cardboard,
rags, ashes, and other such waste material ordinarily disposed from residences, churches,
schools, small business establishments, and other such places.
(1) The term "garbage" does not include animals, fowl, and fish entrails, bones and
carcasses whether in whole or in part, from business establishments such as
slaughterhouses and meat and fish markets. Such material means "other waste."
(2) The term "waste" also includes animal, fowl, and fish excrement, entrails, bones,
carcasses in whole or in part and dead animals, and any other refuse material not
otherwise classified herein.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 6 of 21
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 1), 3-17-2008)
Sec. 46-3. - Collection fees.
(a) The city may levy fees against residents specifically for the disposal and collection of
waste generated in the city. Such funds shall go exclusively towards collecting and disposing of
city waste.
(b) The city accountant shall prepare recommendations to the council regarding fees to be
charged for waste disposal. The city accountant shall request proposals for the recycling of
waste and make a subsequent recommendation to the council regarding the feasibility and cost
of a recycling program.
(c) The city may levy different fees against commercial entities and residential property. The
city may also levy different fees based on size or property, number of residents, or other factors
recommended by the city accountant.
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 3), 3-17-2008)
Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations.
Hospitals and health care professionals or other entities disposing of medical waste including,
but not limited to, any device used to puncture or lacerate skin, shall be disposed of in a manner
consistent with federal and state regulations.
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 4), 3-17-2008)
Secs. 46-5—46-23. - Reserved
ARTICLE II. - LITTERING
Sec. 46-24. - Prohibited.
Secs. 46-25—46-43. - Reserved.
Sec. 46-24. - Prohibited.
(a) Unlawful acts defined.
(1) Public littering. It shall be unlawful for any person, in person or by his or her agent,
employee, or servant, to cast, throw, sweep, sift, or deposit in any manner in or upon any
public way or other public place in the city or the river, creek, branch, public water, drain,
sewer, or receiving basin within the city's jurisdiction, any kind of leaves, dirt, rubbish,
waste article, thing, or substance whatsoever, whether liquid or solid. Nor shall any person
cast, throw, sweep, sift, or deposit any of the aforementioned items anywhere within the
city's jurisdiction in such a manner that it may be carried or deposited in whole or in part,
by the action of the sun, wind, rain, or snow, into any of the aforementioned places;
provided that this section shall not apply to:
a. The deposit of material under a permit authorized by any city ordinance;
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 7 of 21
b. Goods, wares, or merchandise deposited upon any public way or other public
place temporarily, in the necessary course of trade, and removed therefrom within
two hours after being so deposited; or
c. Articles or things deposited in or conducted into the city sewer system through
lawful drains in accordance with the city ordinances relating thereto.
(2) Private littering. The acts described in subsection (a)(1) of this section shall also apply
to acts committed to or against private property without the consent of the owner.
(b) All business firms dispensing their product in cups, plates, wrappers, sacks, and other
similar forms of containers shall provide adequate metal or plastic containers upon the premises
for collection of refuse. It shall be the express responsibility of all such business firms to collect
all cups, plates, wrappers, sacks, and other similar forms of containers dispensed by said
business that may discarded upon the premises or neighboring street and sidewalks. It further
shall be the responsibility of said business to collect the aforementioned items from the
premises of the neighboring property when the owners of the property specifically request and
authorize the business personnel to enter upon their property for that purpose.
(c) Any person who shall violate any of the provisions of, or who fails to perform any duty
imposed by this section or who violates any order or determination of the department
promulgated pursuant to this article shall be punished as directed by law, and in addition
thereto, may be enjoined from continuing the violation. Each day a violation occurs shall
constitute a separate offense. Any willful and wanton violation of this subsection resulting in the
unlawful littering of the streets, sidewalks, and neighboring property shall be deemed a nuisance
and on conviction thereof by the city court, the mayor and city council may after a notice and a
hearing revoke the business license of the violator.
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 5), 3-17-2008)
Secs. 46-25—46-43. - Reserved.
ARTICLE III. - COLLECTION SERVICES
DIVISION 1. - GENERALLY
DIVISION 2. - CONTRACTUAL PROVISIONS
DIVISION 3. - TERMINATION OF CONTRACT
DIVISION 4. - ADDITIONAL PROVISIONS
DIVISION 1. - GENERALLY
Secs. 46-44—46-62. - Reserved.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 8 of 21
Secs. 46-44—46-62. - Reserved.
DIVISION 2. - CONTRACTUAL PROVISIONS
Sec. 46-63. - Authority.
Sec. 46-64. - Grant of nonexclusive contract.
Sec. 46-65. - Term.
Sec. 46-66. - Scope and nature of operation.
Sec. 46-67. - Vehicles to be covered and identified.
Sec. 46-68. - Regulation of containers.
Sec. 46-69. - Disposal of refuse.
Sec. 46-70. - Contract and rental fees.
Sec. 46-71. - Compliance with law.
Sec. 46-72. - Insurance provided by company.
Sec. 46-73. - Indemnification and hold harmless.
Secs. 46-74—46-92. - Reserved.
Sec. 46-63. - Authority.
The city is empowered to contract with one or several third parties to collect and dispose of all
garbage, waste, commercial waste, and yard waste generated by the city. In addition, the city
may sell franchise rights in garbage collection to third parties.
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 2), 3-17-2008)
Sec. 46-64. - Grant of nonexclusive contract.
The city shall hereby grant to companies a nonexclusive contract pursuant to the terms set forth
herein to use the public streets, alleys, roads and thoroughfares within the city for the purpose
of operating and engaging in the business of collecting and disposing of waste; including, but
not limited to, contracting with customers and providing service pursuant to contract therefore,
placing and servicing containers, operating trucks, vehicles and trailers, and such other
operations and activity as are customary and/or incidental to such business and service.
(Ord. No. 06-11-04, § 2, 11-21-2006; Ord. No. 07-11-54, § 2, 11-15-2007; Ord. No. 08-11-30, §
2, 11-17-2008; Ord. No. 10-11-84, § 2, 11-15-2010)
Sec. 46-65. - Term.
The term of any agreement shall be for a period of one year beginning on the effective date of
the contract execution and terminating on the first anniversary of said date. The company shall
begin performance under this contract immediately after the effective date of the contract
execution.
(Ord. No. 06-11-04, § 3, 11-21-2006; Ord. No. 07-11-54, § 3, 11-15-2007; Ord. No. 08-11-30, §
3, 11-17-2008; Ord. No. 10-11-84, § 3, 11-15-2010)
Editor's note— Section 3 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-65 from "One
year in length" to "Term."
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 9 of 21
Sec. 46-66. - Scope and nature of operation.
(a) Residential and commercial refuse and waste. The company may collect and deliver for
disposal all residential and commercial refuse and waste accumulated within the corporate limits
of the city by the company's customers and the words "refuse", "garbage", "trash" and "waste"
when used in this article are used for convenience and, unless the context shows otherwise,
refer to yard trimmings, recycling, storm debris, garbage, and construction/demolition debris.
The company will furnish the personnel and equipment to collect refuse, provide the services
described herein, and as contracted for with its customers, in an efficient and businesslike
manner.
(b) Service provided. Company shall provide container, bin and other collection service for the
collection of residential and commercial refuse and waste according to the individual customer
agreements and applicable city regulations and shall make provision f or the special collection of
such refuse and waste upon request. The company shall cause or require its equipment,
containers and bins to be kept and maintained in a manner to not cause or create a threat to the
public health and shall keep the same in a good state of repair.
(c) Collection operation. (a) Save and except as provided in this section, collection shall not
start before 7:30 a.m. or continue after 7:30 p.m. at any location. Company may request
variances to this collection period provided that collections: (i) are made in a manner that does
not cause or result in loud noise; and (ii) that are made at a location which will not cause the
disturbance of persons occupying the premises or neighboring property must first be confirmed
prior to the request. All requests for variances of times must be submitted to the city manager,
or his designee, and include documentation on the hardship created by the collection operation
period. Should such a collection operation variance be granted and the city receives two
complaints about the collection operation in any six-month time period, the city shall verify and
substantiate the factual basis for any complaints. Should the complaints be substantiated, the
collection operation variance will be revoked. The frequency of collection shall be determined by
each individual customer agreement.
(d) Holidays. The company shall observe such holidays as it, in its sole discretion, determines
appropriate. Notification must be given by the company to it's customers of the holidays and
resulting collection cycles.
(e) All companies must maintain a local customer service telephone number while conducting
business within the city. The telephone number must be publicly listed in a phone book and
available through directory assistance. Each company providing trash receptacles, whether
commercial or residential, must mark each receptacle with the company's name and telephone
number in letters not less than four inches in height. Each company must provide a mechanism
to accept, investigate, and respond to customer complaints. Companies are strongly
encouraged to use multi-media devices including interactive websites, e-mail, fax, and
automated telephone systems. Service calls received by the city as a result of noncompany
performance will result in the consideration of revocation of a nonexclusive contract or the city's
choice to not renew an existing agreement.
(f) Any invoice, bill, statement, or other device intended to request remittance by the customer
to the company of funds for payment of service shall include at a minimum, the company's
telephone number and payment methods available to customers.
(g) All companies providing residential service or service to residential multi-family units must
provide a recycling program to all customers. This program is intended to promote recycling
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 10 of 21
programs throughout the city by reducing the amount of waste landfilled. Commodities may be
commingled by the consumer and collected commingled by the hauler. Recycled commodities
which must be offered in all programs are as follows: brown, clear, and green glass; steel and
tin cans; aluminum cans, foil, pie pans, plastic items (#1, #2, and #3); cardboard, cereal boxes
and any nonwaxed paper containers; brown paper grocery bags; newspapers; magazines;
telephone books; junk mail; office papers; and school papers. Customers shall be charged for
the recycling program by the company regardless of utilization of the service. Haulers are to
include this service with their residential rate structure; however, the charge for recycling shall
be shown separate from other services provided.
(h) All companies providing commercial service must offer and promote a recycling program to
all customers. This program is intended to promote recycling programs throughout the city by
reducing the amount of waste landfilled.
(i) All companies providing residential service must offer the collection of yard trimmings to all
customers. This program is intended to assist in the collection and disposal of grass clippings;
leaves; pine cones and needles; twigs, limbs, and trunks of trees meeting size limitations set by
company; bushes, brush, and all other general debris generated from the maintenance of
residential yards and lawns.
(j) It shall be the company's obligation and responsibility to educate all customers on industry
trends and best practices relating to solid waste collection, removal, and disposal. Such
education programs must consist of the following elements: Recycling; holiday schedules; new
customer information; and any service related items. All companies have the obligation to inform
customers of any noncollected trash or items placed for collection by the customer but not
covered under the agreement between the customer and the company. Further, it shall be the
company's obligation and responsibility to educate customers on days of collection for each
specific service provided. All education and communication between the company and
customers should promote the placement of residential collectibles at the curb the night before
pick-up. Receptacles, containers, or bagged materials shall not be left at the curb for longer
than a 24-hour period.
(Ord. No. 06-11-04, § 4, 11-21-2006; Ord. No. 07-11-54, § 4, 11-15-2007; Ord. No. 08-11-30, §
4, 11-17-2008; Ord. No. 10-11-84, § 4, 11-15-2010)
Sec. 46-67. - Vehicles to be covered and identified.
(a) All vehicles used by company for the collection and transportation of refuse shall be
covered at all times while loaded and in transit to prevent the blowing or scattering of refuse
onto the public streets or properties adjacent thereto, and such vehicles shall be clearly marked
with the company's name and telephone number in letters not less than four inches in height.
(b) Company must provide a comprehensive and proactive driver safety education program
which encourages safety on city streets. Such program must be demonstrated and conveyed to
the city. Company must comply with all other regulatory agencies, both local, state, or otherwise
with respect to commercial vehicle operation within the city. Service calls received by the city as
a result of noncompany performance will result in the consideration of revoking a nonexclusive
contract or the city's choice to not renew an existing agreement.
(c) Company must manage collection services delivered within the city to minimize the
number of vehicles on city roads. Coordination between haulers and service providers is
strongly encouraged to manage service vehicles on residential streets and neighborhoods.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 11 of 21
(d) Should company utilize "scout" trucks to facilitate collection in residential areas where it is
not feasible to use standard collection vehicles, such vehicles must be covered at all times while
loaded and in transit should they exceed 30 miles per hour or be driven more than 300 yards on
a public street.
(Ord. No. 06-11-04, § 5, 11-21-2006; Ord. No. 07-11-54, § 5, 11-15-2007; Ord. No. 08-11-30, §
5, 11-17-2008; Ord. No. 10-11-84, § 5, 11-15-2010)
Sec. 46-68. - Regulation of containers.
The company may rent, lease, provide or define specifications for containers to any customer
within the corporate limits of the city for refuse storage and collection purposes subject to the
following requirements:
(1) All containers shall be constructed and maintained according to industry practice;
(2) All containers shall be equipped with stable covers to prevent blowing or scattering of
refuse while being transported for disposal of their contents;
(3) All containers, save and except those being used for the purpose of collecting and
storing rubble, building and scrap construction materials, shall be equipped with covers
suitable to prevent blowing or scattering refuse and access to the container by animals
while the container is at the site designated by customer;
(4) All containers shall be periodically cleaned, maintained, serviced and kept in a
reasonably good state of repair, to prevent the unreasonable accumulation of refuse
residues, to avoid excessive odor and harborage for rodents and flies resulting from
excessive residues remaining after collection of containers;
(5) All containers shall be clearly marked with the company's name and telephone
number in letters not less than four inches in height;
(6) All containers shall not be on public rights-of-way and shall be located so as to not
interfere, block, obstruct or impede the normal use of any sidewalk, street, alley driveway
or fire lane, or to block, obstruct or impede sight distance at street, road or alley
intersections;
(7) All containers, bins, or other collection instruments must be kept free from graffiti,
rust, broken and nonoperational parts and pieces, and litter in and around the area; and
(8) It shall be the responsibility of each company to educate their customers on the
regulations of containers and maintain industry standards, policies, and procedures, which
promote an aesthetically pleasing environment in and around all refuse and waste
containers and receptacles.
(Ord. No. 06-11-04, § 6, 11-21-2006; Ord. No. 07-11-54, § 6, 11-15-2007; Ord. No. 08-11-30, §
6, 11-17-2008; Ord. No. 10-11-84, § 6, 11-15-2010)
Editor's note— Section 6 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-68 from
"Container requirements" to "Regulation of containers."
Sec. 46-69. - Disposal of refuse.
The company will deliver all waste collected by it from it's customers within the city, except for
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 12 of 21
materials which the company may select for recovery and recycling, to a disposal facility that is
permitted by the EPD to accept such refuse and waste. Rules and regulations governing hours
of operation and disposal practices at the disposal facility will be observed and followed by the
company while engaged in the disposal of refuse pursuant to this article. Any items collected as
part of a recycling program must be delivered to a facility where recovery and reuse occurs.
Should any company choose to offload or dispose of materials collected by one vehicle into
another for transport to the final disposal facility, company shall make every available effort to
perform such refuse transfer on property owned by the company or privately owned property
where the company has an agreement with the property owner to perform such activity. In the
event any transfer occurs on public land, including streets, alleys, rights-of-ways, roads,
thoroughfares, avenues, parkways, expressways, or other areas designed and designated for
public travel, company shall make every effort available to clean the area after completion of the
transfer to insure the area is maintained at the same or better level than if the area was not
used for this activity. In the event the city receives complaints regarding this practice, company
shall be required to cease from this activity at the location of the complaint.
(Ord. No. 06-11-04, § 7, 11-21-2006; Ord. No. 07-11-54, § 7, 11-15-2007; Ord. No. 08-11-30, §
7, 11-17-2008; Ord. No. 10-11-84, § 7, 11-15-2010)
Sec. 46-70. - Contract and rental fees.
Contract fee. The streets, rights-of-way, and public easements to be used by the company in
the operation of its business within the boundaries of the city as such boundaries now exist and
exist from time to time during the term of this contract, are valuable public properties acquired
and maintained by the city at great expense to its taxpayers, and the city will incur costs to
regulate and administer this article. In consideration of such benefits, costs and expenses, the
company shall through the term of its contract collect an "infrastructure maintenance fee" equal
to five percent of the company's gross receipts to customers within the city (exclusive of sales
tax). The term "infrastructure maintenance fee" shall be used on all bills, invoices, or statements
sent by any company to a customer under this article.
(1) Fees paid. The infrastructure maintenance fee shall be payable quarterly to the city
and delivered to the city in conjunction with a statement indicating the derivation and
calculation of such payment. Each such quarterly payment shall be due on the fifteenth
day of the second month following the end of the quarterly period for which said payment is
due. The quarterly payments shall be due on February 15, May 15, August 15, and
November 15 of each year during the term hereof, with the February 15 payment being
based upon the company's gross receipts during the calendar quarter ending the prior
December 31 and being payment for the rights and privileges granted hereunder for said
calendar quarter, the May 15 payment being based upon the company's gross receipts
during the calendar quarter ending the prior March 31 and being payment for the rights and
privileges granted hereunder for said calendar quarter, the August 15 payment being
based upon the company's gross receipts during the calendar quarter ending the prior
June 30 and being payment for the rights and privileges granted hereunder for said
calendar quarter, and the November 15 payment being based upon the company's gross
receipts during the calendar quarter ending the prior September 30 and being payment for
the rights and privileges granted hereunder for said calendar quarter. During the
implementation of this article, all bills generated by companies after December 1, 2006,
shall include the infrastructure maintenance fee. The city shall provide material relating to
the education and marketing efforts of the infrastructure maintenance fee as well as
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 13 of 21
provide education and training to company employees to ensure a consistent message is
conveyed to constituents of the City of Milton. For purposes of verifying the amount of such
fee, the books of the company shall at all reasonable times be subject to inspection by the
duly authorized representatives of the city.
(2) No other rental fees. The contract fee shall be in lieu of any and all other city-imposed
rentals or compensation or contract, privilege, instrument, occupation, excise or revenue
taxes or fees and all other exactions or charges (except ad valorem property taxes, special
assessments for local improvements, city sales tax, and such other charges for utility
services imposed uniformly upon persons, firms or corporations then engaged in business
within the city) or permits upon or relating to the business, revenue, installations and
systems, fixtures, and any other facilities of the company and all other property of the
company and its activities, or any part thereof, in the city which relate to the operations of
the company pursuant to this article; provided, that this shall not be construed to prevent
the company from being required to pay any and all applicable fees and charges in eff ect
from time to time for dumping at a landfill or transfer station.
(3) Credit for fees paid. Should the city not have the legal power to agree that the
payment of the foregoing sums of money shall be in lieu of contracts, fees, street or alley
rentals or charges, easement or ordinance fees or charges aforesaid, then city agrees that
it will apply so much of said sums of money paid as may be necessary to company's
obligations, if any, to pay any such contract, ordinance charges, other charges, fees,
rentals, easement, taxes or charges.
(4) Reporting. Any company providing service pursuant to this article or a resulting
contract shall from time to time provide the city with the necessary statistics regarding
waste collected and disposed which shall allow the city to comply with state reporting
requirements. Such information shall be in the manner and format requested by the city
and provide adequate details for the city to maintain compliance with local, state, federal,
and all other guidelines relating to solid waste collection, removal, and disposal.
(5) Dedicated revenue. The infrastructure maintenance fee collected by the city under
this article shall be dedicated to the following: (i) maintenance of the city's streets,
corridors, alleys, thoroughfares, and transportation routes; (ii) administration of contract
compliance between customers and companies where service is received as provided in
this article; and (iii) collection of litter and trash within the city.
(Ord. No. 06-11-04, § 8, 11-21-2006; Ord. No. 07-11-54, § 8, 11-15-2007; Ord. No. 08-11-30, §
8, 11-17-2008; Ord. No. 10-11-84, § 8, 11-15-2010)
Editor's note— Section 8 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-70 from
"Fees" to "Contract and rental fees."
Sec. 46-71. - Compliance with law.
The company shall conduct under this article in compliance with the material provisions of all
applicable local, state and federal laws, rules and regulations, and with the general
specifications contained in this article.
(Ord. No. 06-11-04, § 9, 11-21-2006; Ord. No. 07-11-54, § 9, 11-15-2007; Ord. No. 08-11-30, §
9, 11-17-2008; Ord. No. 10-11-84, § 9, 11-15-2010)
Editor's note— Section 9 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-71 from
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 14 of 21
"Compliance with local, state and federal regulations required" to "Contract and rental fees."
Sec. 46-72. - Insurance provided by company.
(a) Minimum coverage requirements. The company shall maintain throughout the term of its
contract, property damage coverage, general liability insurance, and automobile liability
insurance for any automobile owned or operated by company, with an insurance company
authorized and licensed to do business in the State of Georgia and acceptable to the city,
insuring against claims for liability and damages for the benefit of the city. The insurance shall
include the city as an additional insured. General liability coverage insurance under this section
shall be a minimum of $1,000,000.00 per occurrence with a $2,000,000.00 aggregate.
Automobile liability insurance under this section shall, at a minimum, have limits of
$1,000,000.00 for each occurrence. Additionally, umbrella coverage of $1,000,000.00 on both
automobile liability insurance and general liability insurance is required.
(b) Employer's liability. If the company is required by Georgia Statute, the company shall
maintain throughout the term of the contract resulting from this article the requisite statutory
workers' compensation insurance, and a minimum of $100,000.00 employer's liability insurance.
Company shall be required to show compliance to this section by submitting documentation of
such coverage from an approved carrier licensed in the State of Georgia, or documentation
explaining the exemption from employer's liability insurance should they not meet the state
requirements to carry such coverage.
(c) Certificate of insurance. The insurance policy, or policies, obtained by the company in
compliance with this section shall be approved by the city manager or his designee in the city
manager's or his designee's reasonable discretion, and the certificate of insurance for the
insurance policy shall be filed and maintained with the city during the term of the contract
resulting from this article with a copy of the endorsement required under subsection (d) to be
attached or made a part of such certificate.
(d) Endorsements. All insurance policies maintained pursuant to this article shall contain the
following conditions by endorsement:
(1) Additional insured. The city shall be an additional insured and the term "owner" and
"city" shall include all authorities, boards, bureaus, commissions, divisions, departments
and offices of the city and the individual members, officers, employees and agents thereof
in their official capacities and/or while acting on behalf of the city.
(2) Other insurance clause. The policy clause "other insurance" shall not apply to the city
when the city is an insured on the policy.
(3) No recourse. Companies issuing the insurance policies shall not recourse against the
city for payment of any premium or assessment.
(e) Increase requirements. The city may choose to amend this article to make reasonable
adjustments to the insurance coverage and their limits when deemed necessary and prudent
based upon changes in statutory law, court decisions, or the claims history of the industry.
(Ord. No. 06-11-04, § 10, 11-21-2006; Ord. No. 07-11-54, § 10, 11-15-2007; Ord. No. 08-11-30,
§ 10, 11-17-2008; Ord. No. 10-11-84, § 10, 11-15-2010)
Editor's note— Section 10 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-72 from
"Company to provide insurance" to "Insurance provided by company."
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 15 of 21
Sec. 46-73. - Indemnification and hold harmless.
The company agrees to indemnify, defend and save harmless the city, its agents, officers and
employees, against and from any and all claims by or on behalf of any person, firm, corporation
or other entity arising from any negligent act or omission or willful misconduct of the company,
or any of its agents, contractors, servants, employees or contractors, and from and against all
costs, counsel fees, expenses and liabilities incurred in or about any such claim or proceeding
brought thereon. Promptly after receipt from any third party by city of a written notice of any
demand, claim or circumstance that, immediately or with the lapse of time, would give rise to a
claim or the commencement (or threatened commencement) of any action, proceeding or
investigation (an "asserted claim") that may result in losses for which indemnification may be
sought hereunder, the city shall give written notice thereof (the "claims notice") to the company
provided, however, that a failure to give such notice shall not prejudice the city's right to
indemnification hereunder except to the extent that the company is actually and materially
prejudiced thereby. The claims notice shall describe the asserted claim in reasonable detail, and
shall indicate the amount (estimated, if necessary) of the losses that have been or may be
suffered by the city when such information is available. The company may elect to compromise
or defend, at its own expense and by its own counsel, any asserted claim. If the company elects
to compromise or defend such asserted claim, it shall, within 20 business days following its
receipt of the claims notice (or sooner, if the nature of the asser ted claim so required) notify the
city of its intent to do so, and the city shall cooperate, at the expense of the company, in the
compromise of, or defense against, such asserted claim. If the company elects not to
compromise or defend the asserted claim, fails to notify the city of its election as herein provided
or contests its obligation to provide indemnification under this agreement, the city may pay,
compromise or defend such asserted claim with all reasonable costs and expenses borne by
the company. Notwithstanding the foregoing, neither the company nor the city may settle or
compromise any claim without the consent of the other party; provided, however, that such
consent to settlement or compromise shall not be unreasonably withheld. In any event, the city
and the company may participate at their own expense, in the defense of such asserted claim. If
the company chooses to defend any asserted claim, the city shall make available to the
company any books, records or other documents within its control that are necessary or
appropriate for such defense.
(Ord. No. 06-11-04, § 11, 11-21-2006; Ord. No. 07-11-54, § 11, 11-15-2007; Ord. No. 08-11-30,
§ 11, 11-17-2008; Ord. No. 10-11-84, § 11, 11-15-2010)
Editor's note— Section 11 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-73 from
"Company to indemnify city; defense of suits" to "Indemnification and hold harmless."
Secs. 46-74—46-92. - Reserved.
DIVISION 3. - TERMINATION OF CONTRACT
Sec. 46-93. - Forfeiture and terminating of contract.
Sec. 46-94. - Transfer, sale or conveyance by company.
Sec. 46-95. - Foreclosure.
Sec. 46-96. - Receivership and bankruptcy.
Secs. 46-97—46-115. - Reserved.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 16 of 21
Sec. 46-93. - Forfeiture and terminating of contract.
(a) Material breach. In addition to all other rights and powers retained by the city under this
article or otherwise, the city reserves the right to declare any resulting contract from this article
forfeited and to terminate the contract and all rights and privileges of the company hereunder in
the event of a material breach of the terms and conditions hereof. A material breach by
company shall include, but shall not be limited to, the following:
(1) Fees. Failure to pay the fees set out in section 46-70
(2) Telephone listings. Failure to keep and maintain a local telephone listing and office or
answering service that is available by phone without long distance charge during regular
business hours for service to the public, and which telephone or office shall, at minimum,
provide and maintain the following services:
a. Coordinate and provide information concerning deposits, payments and
accounts to customers and prospective customers;
b. Respond to customer and prospective customer questions and issues about
billings, accounts, deposits and services;
c. Coordination with the city with respect to private sector and public works projects
and issues related to or affecting the company's operation; and
d. Immediate response, upon request, to police, fire and other emergency
situations in which the public health and safety requires action with respect to or
assistance regarding company's property.
(3) Failure to provide service. Failure to materially provide the services provided for in
this article;
(4) Misrepresentation. Material misrepresentation of fact in the application for or
negotiation of any contract resulting from this article; or
(5) Conviction. Conviction of any director, officer, employee, or agent of the company of
the offense of bribery or fraud connected with or resulting from the award of a contract
from this article.
(b) Operation information. Material misrepresentation of fact knowingly made to the city with
respect to or regarding company's operations, management, revenues, services or reports
required pursuant to this article.
(c) Economic hardship. Company shall not be excused by mere economic hardship nor by
misfeasance or malfeasance of its directors, officers or employees.
(d) Forfeiture and proceedings. Any unwarranted and intentional neglect, failure or refusal of
the company to comply with any material provision of this article or resulting contract within 30
days after written notice from city setting forth the specific provision and noncompliance, said
notice to be mailed to company at its principal place of business by certified mail, return receipt
requested, shall be deemed a breach of this article, and the city council, upon notice to
company and hearing, may, for good cause declare a contract forfeited and exclude company
from further use of the streets of the city under this article, and the company shall thereupon
surrender all rights in and under this article and contract.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 17 of 21
(1) Proceedings. In order for the city to declare a forfeiture pursuant to subsections (a),
(b), (c), (d), the city shall make a written demand that the company comply with any such
provision, rule, order, or determination under or pursuant to this art icle. If such violation by
the company continues for a period of 30 days following such written demand without
written proof that the corrective action has been taken or is being actively and
expeditiously pursued, the council may take under consideration the issue of termination of
the resulting contract from this article. The city shall cause to be served upon company, at
least 20 days prior to the date of such a council meeting, a written notice of intent to
request such termination and the time and place of the meeting. Notice shall be given of
the meeting and issue which the council is to consider.
(2) Hearing. The council shall hear and consider the issue, hear any person interested
therein, and shall determine whether or not any violation by the company has occurred.
(3) Forfeiture. If the council shall determine that the violation by the company was the
fault of company and within its control, the council may declare the contract forfeited and
terminated, or the council may grant to company a period of time for compliance.
(Ord. No. 06-11-04, § 12, 11-21-2006; Ord. No. 07-11-54, § 12, 11-15-2007; Ord. No. 08-11-30,
§ 12, 11-17-2008; Ord. No. 10-11-84, § 12, 11-15-2010)
Editor's note— Section 12 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-93 from
"Forfeiture" to "Forfeiture and terminating of contract."
Sec. 46-94. - Transfer, sale or conveyance by company.
The company shall not transfer, assign, sell or convey any rights granted under any resulting
contract from this article without the prior approval of the city council; provided that this section
shall not apply to vehicles, replacements, maintenance, upgrades or modifications of
equipment, machinery, containers and buildings by company for the purpose of maintaining and
continuing its operation within the city; and provided further that company may, in its sole
discretion and upon written notice to the city, transfer, assign, sell or convey their rights under
this article to a wholly owned subsidiary of the company or to an affiliated entity that is under
common control with company (i.e., has a common parent entity).
(Ord. No. 06-11-04, § 13, 11-21-2006; Ord. No. 07-11-54, § 13, 11-15-2007; Ord. No. 08-11-30,
§ 13, 11-17-2008; Ord. No. 10-11-84, § 13, 11-15-2010)
Editor's note— Section 13 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-94 from
"Transfer, sale or conveyance by company prohibited; exceptions" to "Transfer, sale or con veyance by
company."
Sec. 46-95. - Foreclosure.
upon the foreclosure or other judicial sale of all or a substantial part of the assets and property
of the company used for and dedicated to providing service pursuant to this article, the company
shall notify the city of such fact, and such notification shall by treated as a notification that a
change in control of the company has taken place and the provisions of this article governing
the consent of the council to such change in control of the company shall apply. Upon the
foreclosure or judicial sale, or the leasing of all or a substantial part of the property and assets of
the company dedicated to and used for the purposes of providing service pursuant to this
article, without the prior approval of the council, the council may, upon hearing and notice,
terminate any contract resulting from this article.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 18 of 21
(Ord. No. 06-11-04, § 14, 11-21-2006; Ord. No. 07-11-54, § 14, 11-15-2007; Ord. No. 08-11-30,
§ 14, 11-17-2008; Ord. No. 10-11-84, § 14, 11-15-2010)
Editor's note— Section 14 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-95 from
"Foreclosure or judicial sale" to "Foreclosure."
Sec. 46-96. - Receivership and bankruptcy.
Cancellation option. The council shall have the right to cancel any contract resulting from this
article 120 days after the appointment of a receiver or trustee to take over and conduct the
business of the company, whether in receivership, reorganization, bankruptcy, other action or
preceding, whether voluntary or involuntary, unless such receivership or trusteeship shall have
been vacated prior to the expiration of said 120 days, unless:
(1) Trustee compliance. Within 120 days after his election or appointment, such receiver
trustee shall have fully complied with all the provisions of this article and remedied all
defaults thereunder; or
(2) Trustee agreement. Such receiver or trustee, within 120 days, shall have executed an
agreement, duly-approved by the court having jurisdiction, whereby the receiver or trustee
assumes and agrees to be bound by each and every provision of this article granted to the
company.
(Ord. No. 06-11-04, § 15, 11-21-2006; Ord. No. 07-11-54, § 15, 11-15-2007; Ord. No. 08-11-30,
§ 15, 11-17-2008; Ord. No. 10-11-84, § 15, 11-15-2010)
Secs. 46-97—46-115. - Reserved.
DIVISION 4. - ADDITIONAL PROVISIONS
Sec. 46-116. - Retention of city police powers.
Sec. 46-117. - Amendments of city ordinances and regulations.
Sec. 46-118. - Taxes.
Sec. 46-119. - Public necessity.
Sec. 46-120. - No suspension of laws.
Sec. 46-121. - Peaceful employment.
Sec. 46-122. - Endorsements and records.
Sec. 46-123. - Acceptance by company.
Sec. 46-116. - Retention of city police powers.
The city retains and reserves all of its police powers and the rights, privileges, and immunities
that it now has under the law to regulate, patrol and police the streets and public ways within the
city, and the granting of any contract as a result of this article shall in no way interfere with the
improvements to, or maintenance of, any street, alley or public way, and the rights of the city to
use said streets, alleys and public ways.
(Ord. No. 06-11-04, § 16, 11-21-2006; Ord. No. 07-11-54, § 16, 11-15-2007; Ord. No. 08-11-30,
§ 16, 11-17-2008; Ord. No. 10-11-84, § 16, 11-15-2010)
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 19 of 21
Sec. 46-117. - Amendments of city ordinances and regulations.
The city reserves the right and power, pursuant to its police power, after due notice to company,
to modify, amend, alter, change or eliminate any rules, regulations, fees, charges and rates of
the city, and to impose such additional conditions, that are not inconsistent with the rights
granted by this article, upon the company and all persons, firms or entities of the same class as
the company, as may be reasonably necessary in the discretion of the city council to preserve
and protect the public, health, safety and welfare and/or insure adequate service to the public.
(Ord. No. 06-11-04, § 17, 11-21-2006; Ord. No. 07-11-54, § 17, 11-15-2007; Ord. No. 08-11-30,
§ 17 11-17-2008; Ord. No. 10-11-84, § 17, 11-15-2010)
Editor's note— Section 17 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-117 from
"Reservation to amend city ordinances and regulations" to "Amendments of city ordinances and regulations."
Sec. 46-118. - Taxes.
The company shall promptly pay all lawful ad valorem taxes, levies and assessments, if any,
that are imposed upon the company. Absent an administrative or judicial challenge, or appeal,
the failure to pay any such tax, levy or assessment shall be a breach of this article.
(Ord. No. 06-11-04, § 18, 11-21-2006; Ord. No. 07-11-54, § 18, 11-15-2007; Ord. No. 08-11-30,
§ 18, 11-17-2008; Ord. No. 10-11-84, § 18, 11-15-2010)
Editor's note— Section 18 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-118 from
"Payment of taxes required" to "Taxes."
Sec. 46-119. - Public necessity.
The council hereby finds and declares that the public welfare, convenience and necessity
require the service which is to be furnished by the company.
(Ord. No. 06-11-04, § 19, 11-21-2006; Ord. No. 07-11-54, § 19, 11-15-2007; Ord. No. 08-11-30,
§ 19, 11-17-2008; Ord. No. 10-11-84, § 19, 11-15-2010)
Editor's note— Section 19 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-119 from
"Disposal of solid waste deemed public necessity" to "Public necessity."
Sec. 46-120. - No suspension of laws.
All provisions of the ordinances of the city as now existing or as may be amended from time to
time, and all provisions of the statutes of the State of Georgia applicable to general law cities
shall be a part of any resulting contract from this article as fully as if the same had been
expressly stated herein, and said the city retains and may exercise all of the governmental and
police powers and all other rights and powers not directly inconsistent with the terms, conditions
and provisions of this article.
(Ord. No. 06-11-04, § 22, 11-21-2006; Ord. No. 07-11-54, § 22, 11-15-2007; Ord. No. 08-11-30,
§ 22, 11-17-2008; Ord. No. 10-11-84, § 22, 11-15-2010)
Editor's note— Section 22 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-120 from
"City ordinances and state law considered part of contract" to "No suspension of laws."
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 20 of 21
Sec. 46-121. - Peaceful employment.
From and after the effective date of this article, the city and the company shall be and are
hereby authorized and entitled to act in reliance upon the terms, conditions and provisions of
this article and any resulting contract and, subject thereto, the company shall collect rat es for
service, operate and conduct its business and work within the city, and enjoy the benefits and
privileges of this article during the term hereof.
(Ord. No. 06-11-04, § 23, 11-21-2006; Ord. No. 07-11-54, § 23, 11-15-2007; Ord. No. 08-11-30,
§ 23, 11-17-2008; Ord. No. 10-11-84, § 23, 11-15-2010)
Editor's note— Section 23 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-121 from
"City and company to rely on this chapter" to "Peaceful employment."
Sec. 46-122. - Endorsements and records.
The city clerk is directed to make endorsements as appropriate over his/her official hand and
the seal of the city on the form provided at the conclusion of this article, for the public record and
convenience of the citizens, of the date upon which this article is finally passed and adopted.
(Ord. No. 06-11-04, § 25, 11-21-2006; Ord. No. 07-11-54, § 25, 11-15-2007; Ord. No. 08-11-30,
§ 25, 11-17-2008; Ord. No. 10-11-84, § 25, 11-15-2010)
Sec. 46-123. - Acceptance by company.
Within 30 days after the passage of this article, or within 30 days of establishing a business
within the corporate city limits, all companies operating a residential or commercial refuse waste
service shall file with the city its acceptance of the terms and provisions of this article, and
request for contract. The acceptance and request for contract shall be in writing on the
company's letterhead and provide as follows:
City of Milton
Attention: City Manager
13000 Deerfield Parkway,
Suite 107A/B
Milton, GA 30004
____________ (the "Company"), acting by and through an officer who is acting within its
official capacity and authority, hereby accepts the City of Milton Solid Waste Ordinance to
operate a refuse and solid waste collection and disposal system within the City as said
Ordinance is set forth and provided herewith. The Company agrees to be bound and
governed by each term, provision and condition of the Ordinance, to accept and to give the
benefits provided by the Ordinance, and to perform each service and duty set forth and
provided for in the Ordinance in a businesslike and reasonable manner and in compliance
with the Ordinance.
Company: .....
By: .....
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
Page 21 of 21
Printed Name: .....
Title: .....
(Ord. No. 06-11-04, § 26, 11-21-2006; Ord. No. 07-11-54, § 26, 11-15-2007; Ord. No. 08-11-30,
§ 26, 11-17-2008; Ord. No. 10-11-84, § 26, 11-15-2010)
Editor's note— Section 26 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-123 from
"Written acceptance of company required" to "Acceptance by company."
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 09-11-110, A RESOLUTION
APPOINTING A MEMBER TO THE CITY OF MILTON DESIGN REVIEW BOARD
FOR DISTRICT 1
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on
November 21, 2011 at 6:00 p.m. as follows:
SECTION 1. That __________ (District 1) is hereby appointed for a term commencing November
21, 2011 and ending on December 31, 2013; and
SECTION 2. That this Resolution shall become effective upon its adoption.
RESOLVED this 21st day of November, 2011.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, City Clerk
(Seal)