HomeMy WebLinkAbout07-02-2012-PacketPage 1 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Matt Kunz
Bill Lusk
Burt Hewitt
Joe Longoria
Lance Large
Monday, July 2, 2012 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Pastor Kent Samples, Birmingham Baptist Church
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. 12-156)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the June 11, 2012 Work Session Minutes.
(Agenda Item No. 12-157)
(Sudie Gordon, City Clerk)
2. Approval of the June 18, 2012 Regular Council Minutes.
(Agenda Item No. 12-158)
(Sudie Gordon, City Clerk)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 2, 2012
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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 a Supplemental Agreement between the Georgia Department of
Transportation and the City of Milton for PI0007313 SR 372 (Crabapple
Road/Birmingham Highway) Intersection Improvements.
(Agenda Item No. 12-159)
(Carter Lucas, Public Works Director)
4. Approval of Lease Agreements between the City of Milton and MailFinance, Inc. for a
Postage Machine (IM420) and for a Folder/Inserter Machine (M1500).
(Agenda Item No. 12-160)
(Stacey Inglis, Finance Director)
6) REPORTS AND PRESENTATIONS
1. Proclamation Recognizing Milton High School Lady Eagles State Soccer Champions
(Presented by Mayor Joe Lockwood)
7) FIRST PRESENTATION
1. RZ12-07/VC12-04 – Redd Road (North Side) with a Frontage of 1,083.97 Feet by Redd
Road Properties, LLC. To Rezone from AG-1 to CUP to Develop a 15 Unit Single
Family Subdivision and a Three Part Concurrent Variance to Reduce the 50 Foot Setback
for a New Street to 10 Feet Along the East and West Property Lines (Section 64-2397);
To Delete the Curb and Gutter and Sidewalks for All Roads Within the Subdivision.
(Section 64-2393).
(Agenda Item No. 12-161)
(Kathleen Field, Community Development Director)
2. To Amend Chapter 10, Buildings and Building Regulations, Article II, Division 2,
Subdivision III, Section 10-91, Conditions of the Permit, As It Pertains to Expiration of
Permits.
(Agenda Item No. 12-162)
(Wade Greene, Building Official)
8) PUBLIC HEARING (None)
9) ZONING AGENDA (None)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 2, 2012
Page 3 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
10) UNFINISHED BUSINESS
1. Approval of an Ordinance to Amend Chapter 4, Alcoholic Beverages, to Authorize the
Sale of “Growlers”; to Provide for an Effective Date; and to Repeal Conflicting
Ordinances.
(Agenda Item No. 12-154)
(First Presentation at June 18, 2012 Council Work Session)
(Stacey Inglis, Finance Director)
11) NEW BUSINESS
1. Approval of A Resolution of the City of Milton, Georgia Establishing the Sustainable
Practices Program; to Establish Policies and Initiatives in Support of the Program; to
Identify Milton as a Sustainable Community Pursuant to the Criteria Adopted by The
Atlanta Regional Commission; to Authorize the Amendment of the Program when
Needed; and for Other Purposes.
(Agenda Item No. 12-163)
(Discussed at June 11, 2012 Council Work Session)
(Cindy Eade, Sustainability Coordinator & Michele McIntosh-Ross, City Planner)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 12-164)
The minutes will be
Provided
electronically
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Sara Leaders, PE – Transportation Engineer
Date: June 20, 2012
Council July 2, 2012
Date:
Agenda Item: Approval of a Supplemental Agreement between Georgia Department of
Transportation and the City of Milton for PI 0007313 SR 372 (Crabapple
Road/Birmingham Highway) Intersection Improvements
Location Map
Discussion:
This supplemental Project Framework Agreement (PFA) is to increase the preliminary
engineering funds that were allocated to the project PI 0007313 SR 372 Crabapple
Road/Birmingham Highway Intersection Improvements (formerly known as Mayfield Road at
Mid Broadwell Road). The original PFA for this project was signed by the City in July 2008 and
since that time the scope of this project has changed and additional funds are needed to
complete the design. The concept phase of the project was expanded to include a study of the
transportation alternatives from the Crabapple Visioning Study and the preferred alternative
for this project includes three intersection improvements and an improved typical section and
alignment of a local road connecting two of the improved intersections.
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
Staff is recommending the approval of the supplemental agreement between the City of Milton
and Georgia Department of Transportation not to exceed the amount of $500,000.00.
Financial:
The budget for this work will be from Capital Grant Fund (GDOT HPP Funds) and 80% is
reimbursable from Federal Funds through GDOT.
As part of a new GDOT policy, local governments are required to pay an upfront estimated cost
for preliminary engineering oversight as shown in Attachment “A” of the Agreement. The
amount of estimated oversight for this project is $25,000. The oversight is eligible for 80% to be
paid for with federal funds on this project and the city is required to pay $5,000 with this signed
agreement. The agreement states:
If at any time the PE Oversight funds are depleted within $5,000 of the remaining
PE Oversight balance and project activities and tasks are still outstanding, the
LOCAL GOVERNMENT shall, upon request, make additional payment to the
DEPARTMENT. The payment shall be determined by prorating the percentage
complete and using the same estimate methodology as provided in Attachment
“D”. If there is an unused balance after completion of all tasks and phases of the
project, then pending a final audit, the remainder will be refunded to the
sponsor.
The City has funds in the budget for the local match portion of the funding needed for this
phase of the project.
Legal Review:
Agreement – Paul Higbee, Jarrard & Davis on 6/6/12
Attachments:
1. Agreement
PI 0007313 City of Milton
April 11, 2012
Revised: 12/2011
SUPPLEMENTAL AGREEMENT
BETWEEN
GEORGIA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF MILTON
FOR
PI 0007313
CR1324/MAYFIELD ROAD @ CR 1336/MID-BROADWELL ROAD
THIS AGREEMENT is made and entered into this ______ day of __________, 20__, by
and between the GEORGIA DEPARTMENT OF TRANSPORTATION, (hereinafter referred to
as the “DEPARTMENT”), an agency of the State of Georgia, whose address for purposes of this
AGREEMENT is One Georgia Center, 600 W. Peachtree Street N.W., Atlanta, Georgia 30308,
and the CITY OF MILTON, acting by and through its Mayor and City Council, hereinafter
referred to as the “LOCAL GOVERNMENT”.
WHEREAS, the DEPARTMENT and LOCAL GOVERNMENT heretofore entered into an
Agreement dated October 8, 2009, hereinafter called the “ORIGINAL AGREEMENT”, for the
purpose of the Intersection Improvement at CR1324/Mayfield Road @ CR 1336/Mid-Broadwell
Road in the CITY OF MILTON, DEPARTMENT P.I. Number 007313, hereinafter referred to as
the “PROJECT”; and
WHEREAS, due to changes in funding arrangements and the need to extend time to
complete phases of the PROJECT schedule, the parties mutually desire to amend the
ORIGINAL AGREEMENT and delete the portion of Attachments A and Attachment B which
reference the PROJECT, and replace them with Attachments A and B dated April 11, 2012 and
WHEREAS, the September 17, 2010 Planning Office memorandum titled “Preliminary
Engineering Oversight for Project Managers/Project Delivery Staff”, outlines the five (5)
conditions when the LOCAL GOVERNMENT will be requested to fund the Preliminary
PI 0007313 City of Milton
April 11, 2012
Revised: 12/2011
Engineering oversight activities at 100% and is enclosed as Attachment “C” and incorporated
herein by reference,
NOW, THEREFORE, the parties hereto mutually agree that for and in consideration of the
mutual promises, the public purposes, and acknowledgements and agreements contained
herein, together with other good and valuable consideration, the receipt of which is hereby
acknowledged, the parties do hereby agree to delete the portion of Attachments A and
Attachment B which reference the PROJECT, and replace them with Attachments A and B
dated April 11, 2012 and
And to incorporate Attachment “C” Memorandum date September 17, 2010 attached and
incorporated by reference as if fully set out herein. Which specifies in part: Expenditures
incurred by the LOCAL GOVERNMENT prior to the execution of this AGREEMENT or
subsequent funding agreements shall not be considered for reimbursement by the
DEPARTMENT. PE expenditures incurred by the LOCAL GOVERNMENT after execution of
this AGREEMENT shall be reimbursed by the DEPARTMENT once a written notice to proceed
is given by the DEPARTMENT.
2. The DEPARTMENT shall contribute to the PROJECT by funding all or certain
portions of the PROJECT costs for the PE, right of way acquisitions, reimbursable utility
relocations, railroad costs, or construction as specified in Attachment A and if none of the
five (5) conditions apply from the Planning Office memorandum dated September 17, 2010.
3. The DEPARTMENT shall provide a PE Oversight Estimate to the LOCAL
GOVERNMENT, if appropriate, appended as Attachment “D” and incorporated by reference
as if fully set out herein. The LOCAL GOVERNMENT will be responsible for providing
PI 0007313 City of Milton
April 11, 2012
Revised: 12/2011
payment in the form of a check, which represents100% of the DEPARTMENT’s PE
Oversight Estimate at the time of the Project Framework Agreement execution.
If at any time the PE Oversight funds are depleted within $5,000 of the remaining PE
Oversight balance and project activities and tasks are still outstanding, the LOCAL
GOVERNMENT shall, upon request, make additional payment to the DEPARTMENT. The
payment shall be determined by prorating the percentage complete and using the same
estimate methodology as provided in Attachment “D”. If there is an unused balance after
completion of all tasks and phases of the project, then pending a final audit, the remainder
will be refunded to the sponsor.
Except as modified, changed or amended, all terms and conditions of the ORIGINAL
AGREEMENT dated October 8, 2009, shall remain in full force and effect.
The covenants herein contained shall, except as otherwise provided, accrue to the
benefit of and be binding up on the successors and assigns of the parties hereto.
PI 0007313 City of Milton
April 11, 2012
Revised: 12/2011
IN WITNESS WHEREOF, the DEPARTMENT and the LOCAL GOVERNMENT have
caused these presents to be executed under seal by their duly authorized representative.
DEPARTMENT OF TRANSPORTATION
BY: _________________________
Commissioner
ATTEST:
___________________________
Treasurer
CITY OF MILTON
BY: _____________________________
Joe Lockwood
Mayor
Signed, sealed and delivered this _____
day of ________________, 20__, in the
presence of:
______________________________
Witness
______________________________
Notary Public
This Agreement approved by the CITY OF
MILTON, the ______day of
_____________, 20__.
Attest
______________________________
Sudie Gordon, City Clerk
FEIN: 51-0608862
PI 0007313, City of Milton
April 11, 2012
Revised: 12/2011
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Attachment "A" Funding Sources and Distribution
Project No.: 0007313 City: Milton
Percentage PE Amount
Maximum PE
Participation Amount
($)
Participant PE Activity
Sponsor Percentage Amount Participant Percentage Amount
1 80%$380,000.00 $380,000.00 Federal 80%$20,000.00 Federal 80%$400,000.00
2 0%$0.00 $0.00 State 0%$0.00 State 0%$0.00
3 20%$95,000.00 N/A Local 20%$5,000.00 Local 20%$100,000.00
4 0%$0.00 $0.00 Other 0%$0.00 Other 0%$0.00
Total 100%$475,000.00 100%$25,000.00 100%$500,000.00
Percentage ROW Amount
Maximum ROW
Participation Amount
($)
Participant Acquisition By:Acquisition
Fund By:Utility Funding By:Railroad Funding
By:
1 80%$1,280,000.00 $0.00 Federal
2 0%$0.00 $1,280,000.00 State
3 20%$320,000.00 N/A Local
4 0%$0.00 $0.00 Other
Total 100%$1,600,000.00 100%100%
Percentage CST Amount
Maximum CST
Participation Amount
($)
Participant Letting By:Testing (Phase V)
Funding By:
Inspection (Phase
VI) Funding By:
1 80%$1,680,000.00 $0.00 Federal
2 0%$0.00 State
3 20%$420,000.00 N/A Local
4 0%$0.00 $0.00 Other
Total 100%$2,100,000.00 100%100%
Percentage CST Amount
Maximum ROW
Participation Amount
($)
Participant
1 80%$3,360,000.00 $3,360,000.00 Federal
2 0%$0.00 $0.00 State
3 20%$840,000.00 N/A Local
4 0%$0.00 $0.00 Other
Total 100%$4,200,000.00
1The maximum allowable GDOT participating amounts for PE phase are shown above. The local
NOTE: Separate GDOT P.O.s will be established for each funding phase.
government will only be reimbursed the percentage of the accrued invoiced amounts up to but
not to exceed the maximum amount indicated.
2GDOT Oversight for PE (Phase I) is detailed in Attachment "D".
3 Right-of-Way and Construction amounts shown are for budget planning purposes only.Summary of Phases I Through IIIPreliminary Engineering Grand Total
(Phase I)
Utility Relocation - Phase IV
Local Government
Utility Phase IVConstruction Oversight Phases V & VILocal Government
Attach "Project Manager" Project Charging Form for Approval
Preliminary Engineering Phase IRight of Way Phase IIConstruction Phase IIIGrand Total - All Phases I through III
Right of Way - Phase II3
Local
Government
Local
Government
Construction - Phase III3
GDOT
GDOT Oversight for CST (Phase III)2
Local
Government
GDOT GDOT
Preliminary Engineering - Phase I GDOT Oversight for PE (Phase I)2
PI 0007313, City of Milton
April 11, 2012
Revised: 12/2011
6
ATTACHMENT “B”
0007313 – City of Milton
Proposed Project Schedule
Environmental Phase
Concept Phase
Preliminary Plan Phase
Right of Way Phase
Deadlines for Execute Month/Year Month/Year Month/Year Month/Year
Responsible Parties Agreement (Approve (Approve Env. (Authorize Right (Authorize
Concept) Document) of Way funds) Const. funds)
Annual Reporting Requirements
The Local Government shall provide a written status report to the Department’s Project Manager with the actual phase completion
date(s) and the percent complete/proposed completion date of incomplete phases. The written status report shall be received by the
Department no later than the first day of February of every calendar year until all phases have been completed.
PI 0007313, City of Milton
April 11, 2012
Revised: 12/2011
7
ATTACHMENT “C”
PI 0007313, City of Milton
April 11, 2012
Revised: 12/2011
8
PI 0007313, City of Milton
April 11, 2012
Revised: 12/2011
9
PI 0007313, City of Milton
April 11, 2012
Revised: 12/2011
10
ATTACHMENT E--GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT
Name of Contracting Entity: _________________________________________________________
Contract No. and Name: _________________________________________________________
_________________________________________________________
By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13-
10-91, stating affirmatively that the individual, firm, or entity which is contracting with the Georgia
Department of Transportation has registered with, is authorized to participate in, and is participating in
the federal work authorization program commonly known as E-Verify, or any subsequent replacement
program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.
The undersigned person or entity further agrees that it will continue to use the federal work
authorization program throughout the contract period, and it will contract for the physical performance
of services in satisfaction of such contract only with subcontractors who present an affidavit to the
undersigned with the information required by O.C.GA. § 13-10-91(b).
The undersigned person or entity further agrees to maintain records of such compliance and provide a
copy of each such verification to the Georgia Department of Transportation within five (5) business days
after any subcontractor is retained to perform such service.
_______________________________________
E-Verify / Company Identification Number
_______________________________________
Signature of Authorized Officer or Agent
_______________________________________
Date of Authorization
_______________________________________
Printed Name of Authorized Officer or Agent
_______________________________________
Title of Authorized Officer or Agent
_______________________________________
Date
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF ______________________, 201_
________________________________________ [NOTARY SEAL]
Notary Public
My Commission Expires: ___________________
PI 0007313, City of Milton
April 11, 2012
Revised: 12/2011
11
ATTACHMENT “F”
TITLE VI INTRODUCTION
As a sub-recipient of federal funds from Georgia Department of Transportation, all
municipalities are required to comply with Title VI of the Civil Rights Act of 1964 which provides
that:
“No person in the United States shall, on the grounds of race, color, or national
origin, be excluded from participation in, or be denied the benefits of, or be subjected
To discrimination under any program or activity receiving federal assistance under
This title or carried out under this title.”
Additionally, the Civil Rights Restoration Act of 1987, expanded the definition of the terms
“programs and activities” to include all programs or activities of federal recipients,
subrecipients, and contractors, whether or not such programs and activities are federally
assisted.
The provisions of Title VI apply to all contractors, subcontractors, consultants and suppliers.
And is a condition for receiving federal funds. All sub recipients must sign Title VI assurances
that they will not discriminate as stated in Title VI of the Civil Rights Act of 1964.
In the event that the sub recipient distributes federal aid funds to second tier entity, the sub-
recipient shall include Title VI language in all written documents and will monitor for
compliance. If, these assurances are not signed, the City or County government may be
subjected to the loss of federal assistance.
All sub recipients that receive federal assistance must also include Federal Highways
Administrations 1273 in their contracts. The FHWA 1273 sets out guidance for ensuring non
discrimination and encouraging minority participation and outreach.
Enclosed you will find Title VI acknowledgment form and the Title VI assurances. The Title VI
acknowledgment form and Title VI assurances must be signed by your local government official
if it has not been signed.
PI 0007313, City of Milton
April 11, 2012
Revised: 12/2011
12
ATTACHMENT “F”
TITLE VI ACKNOWLEDGEMENT FORM
The___________________________________ assures that no person shall on the grounds or
race, color, national origin or sex as provided by Title VI of the Civil Rights Act of 1964, and the
Civil Rights Restoration Act of 1987 be excluded from participation in, be denied the benefits of,
or otherwise be subjected to discrimination under any City or County sponsored program or
activity. The_______________________________ assures that every effort will be made to
ensure non discrimination in all of its programs or activities, whether those programs are
federally funded or not.
Assurance of compliance therefore falls under the proper authority of the City Council or the
County Board of Commissioners. The Title VI Coordinator or Liaison is authorized to ensure
compliance with provisions of this policy and with the Law, including the requirements of 23
Code of Federal Regulations (CFR) 200 and 49 CFR 21.
____________________________________ _______________
Official Name and Title Date
Citations:
Title VI of the Civil Rights Act of 1964; 42 USC 2000d to 2000d-4;42 USC 4601to 4655;23 USC
109(h); 23 USC 324; DOT Order 1050.2; EO 12250; EO 12898; 28CFR 50.3
Other Nondiscrimination Authorities Expanded the range and scope of Title VI coverage and
applicability
The 1970 Uniform Act (42 USC 4601)
Section 504 of the 1973 Rehabilitation Act (29 USC 790)
The 1973 Federal-aid Highway Act (23 USC 324)
The 1975 Age Discrimination Act (42 USC 6101)
Implementing Regulations (49 CFR 21 & 23 CFR 200)
Executive Order 12898 on Environmental Justice (EJ)
Executive Order 13166 on Limited English Proficiency (LEP)
City of Milton
13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Director
Date: July 2, 2012 Council Meeting
Agenda Items: Approval of Lease Agreements with MailFinance, Inc. for a Postage Machine
(IM420) and for a Folder/Inserter Machine (M1500)
Background:
Over the last few years, it has become apparent that outgoing mail can be handled in a more
efficient manner. Currently, letters are folded and postage is applied manually. While this
method is acceptable for one or two pieces of random mail, it is costly for large mail-outs such
as re-zoning notifications.
Discussion:
There are two companies that have contracts with the State of Georgia: Pitney Bowes, Inc. and
Neopost USA. After comparing their products and services, it was decided that Neopost would
best fit the City’s needs. What is being recommended is a three-year lease on a postage
machine and on a folder/inserter machine. Both pieces of equipment will offer a significant
increase in efficiency.
Attachments:
Lease agreements with MailFinance, Inc. (the leasing company for Neopost USA) for a postage
machine (IM420) and a folder/inserter machine (M1500).
Concurrent Review:
Ken Jarrard, Attorney
Chris Lagerbloom, City Manager
MILTON CONTRACT
MAILING EQUIPMENT
LEASE AGREEMENT
Contract #:
SWC 90791
Solicitation #:
Solicitation Title:
Procurement of Mailing Equipment
Contractor’s Full Legal Name:
MailFinance, Inc. (Lessor)
Milton Name: City of Milton
Milton Billing Address:
13000 Deerfield Parkway, Suite 107G
City of Milton, GA 30004
WHEREAS, the Georgia Department of Administrative Services (“DOAS”) on behalf of the State of
Georgia (the “State”) established the above referenced Statewide Contract (“Statewide Contract”) by and
between DOAS and Contractor;
WHEREAS, the City of Milton (“Milton”) desires to make use of the Statewide Contract and this Lease
Agreement as a basis for leasing certain mailing equipment;
WHEREAS, Milton desires to lease equipment from Contractor in accordance with the terms of the
Statewide Contract, a copy of which is attached hereto and incorporated herein as Exhibit “A,” and this
Lease Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties
agree as follows:
1. EQUIPMENT AND SERVICES. Pursuant to the terms and conditions of the Statewide Contract,
Contractor agrees to lease to Milton the Equipment identified in the Equipment Schedule attached
hereto as Attachment 1 and incorporated herein by reference (collectively and individually, the
“Equipment”). The Equipment Schedule may be amended to include any additional Equipment added
hereto by written agreement of both parties, with approval by Milton requiring affirmative Council
action. In addition, Contractor agrees to provide to Milton the installation and maintenance and other
services described in the Statewide Contract.
2. ORDER OF PRECEDENCE. The contractual relationship between Contractor and MiltonMilton
shall be governed by the following order of precedence: (i) the provisions of the Statewide Contract
(Exhibit “A”) and (ii) the provisions of this Lease Agreement, including all exhibits attached hereto
and incorporated into this Lease Agreement.
3. TERM AND RENEWAL. The initial term of this Lease Agreement shall begin on the Effective
Date and end on September 30 of the then-current fiscal year (October 1 – September 30). Thereafter,
the Lease Agreement may be renewed at the sole discretion of Milton on a year-to-year basis (one
2
fiscal year at a time) for the period of time identified in Attachment 1. Milton may, at its sole option,
renew as to all of the Equipment and Services to be provided hereunder or as to only selected
Equipment and Services. The terms and conditions of this Lease Agreement shall apply during any
and all renewals.
4. SHIPPING, DELIVERY AND RETURN. Contractor shall pay for packing, crating, and shipping
of the Equipment to and from Milton and shall install the Equipment at Milton’spremises at no cost to
Milton. Shipment/Delivery shall be FOB: Destination. Unless title to the Equipment is transferred to
Milton as provided below, Equipment will be returned in the same mode of shipment unless otherwise
mutually agreed upon. Equipment will be returned in the same condition as received, normal wear
and tear excepted.
5. PAYMENT AND ACCEPTANCE. Milton agrees to pay Contractor in arrears for all undisputed
amounts within thirty (30) days of receipt of an undisputed invoice, provided that the Equipment and
Services have been accepted by Milton as hereinafter provided. Contractor shall not invoice Miltonin
advance of Contractor’s deliverance/performance of the items and/or services that are the subject of
the invoice. Contractor shall deliver the Equipment and/or perform any Services in accordance with
the schedule set forth in the Statewide Contract or the time specified in Attachment 1 (whichever is
later). Unless otherwise agreed to by Contractor and Milton, Contractor shall provide written
notification of completion of the delivery, or other performance of Services, to Milton (“Delivery
Notice”). Milton shall have thirty (30) days from the date of receipt of the Delivery Notice to provide
Contractor with written notification of acceptance or rejection due to unsatisfactory performance
(“Acceptance Period”), and in the event of acceptance by Milton, the obligation to pay shall be
effective on the first (1st) day of the Acceptance Period. The failure of Milton to issue an acceptance
or rejection notice on or before the end of the Acceptance Period shall be deemed an acceptance of the
Equipment or Services. In the event Milton issues a rejection notice, Supplier shall, as quickly as is
practicable, correct at its expense all deficiencies caused by Contractor. Milton shall not unreasonably
withhold or delay such acceptance or rejection.
6. TERMINATION. Termination of this Lease Agreement shall be governed by the following
provisions:
a. Each party has the right to terminate this Lease Agreement if the other party breaches or is in
default of any material obligation hereunder which default is incapable of cure, or which, being
capable of cure, has not been cured within thirty (30) days after receipt of notice of such default
(or such additional cure period as the non-defaulting party may authorize).
b. Provided that Contractor is in default of this Lease Agreement, Milton may terminate this
Standard Lease Agreement, in whole or in part, by written notice to Contractor if Contractor
becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary
petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets,
or becomes subject to any proceeding under any bankruptcy or insolvency law, whether domestic
or foreign, or has wound up or liquidated, voluntarily or otherwise.
c. Milton may terminate this Lease Agreement, in whole or in part, immediately, without notice, if:
(i) Milton deems that such termination is necessary to prevent or protect against fraud or otherwise
protect Milton’s personnel, facilities or services; or (ii) Contractor is debarred or suspended from
performing services on any public contract(s).
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d. Upon the termination or expiration of this Lease Agreement, Contractor shall promptly return to
Milton all papers, materials and other property of Milton then in its possession, including but not
limited to all work in progress as is appropriate in its then-existing form (in object code and source
code to the extent such work is composed of software, and in machine-readable and printed
formats to the extent such work is composed of documentation).
e. If Milton terminates this Lease Agreement for convenience prior to the expiration of the current
term, or if Contractor terminates this Lease Agreement as set forth in subsection (a) above, then
Milton will be responsible for the payment of all amounts remaining in the unexpired portion of
the current term, plus any unpaid invoices unless those invoices are in dispute. In no event shall an
unexpired term comprise more than those months remaining in the then-existing calendar year.
7. FUNDING. The parties acknowledge that municipalities in Georgia are prohibited from entering into
multi-year service and lease contracts unless certain procedural safeguards are instituted. This
requirement exists to ensure that one council may not bind a future council regarding a future budget
and other legislative issues. If the source of payment for the charges payable hereunder no longer
exists or is determined to be insufficient, this Lease Agreement shall terminate without further
obligation on the part of Milton as of that moment. The determination of Milton as to the occurrence
of the events stated herein shall be conclusive; Milton represents, however, that it will use reasonable
care that the termination of this Lease Agreement will not be frivolous, but rather will result from a
reduction of funding.
8. TAXES. All fees payable to Contractor hereunder shall be net of any and all taxes that the Contractor
may be required by law to collect in connection with the provision of the Services hereunder.
Contractor shall be solely responsible for the payment of any and all taxes lawfully imposed upon it,
including but not limited to taxes on property owned, leased or used by Contractor; franchise or
privilege taxes on Contractor’s business; gross receipts taxes to which Contractor is subject; and
income taxes. By this paragraph, Milton does not make any representation whatsoever as to the
liability or exemption from liability of Contractor to any tax imposed by any governmental entity.
Upon request, Milton will provide a certificate of tax exemptions which apply to this Lease
Agreement.
9. ASSIGNMENT. Contractor shall not assign or subcontract the whole or any part of this Lease
Agreement.
10. WAIVER AND SEVERABILITY. The waiver by Milton of any breach of any provision contained
in this Lease Agreement shall not be deemed to be a waiver of such provision on any subsequent
breach of the same or any other provision contained in this Lease Agreement. Any such waiver must
be in writing in order to be effective, and no such waiver or waivers shall serve to establish a course of
performance between the parties contradictory to the terms hereof. All provisions of this Lease
Agreement are severable, and the unenforceability or invalidity of any of the provisions will not affect
the validity or enforceability of the remaining provisions. The remaining provisions will be construed
in such a manner as to carry out the full intention of the parties. Section titles or references used in
this Lease Agreement have no substantive meaning or content and are not a part of this Lease
Agreement.
11. APPLICABLE LAW AND VENUE. This Lease Agreement shall be governed by and interpreted in
accordance with the laws of the State of Georgia, U.S.A., without regard to its conflict of laws
principles. Any lawsuit or other action based on a claim arising from this Agreement shall be brought
4
in a court or other forum of competent jurisdiction within Fulton County, Georgia.
12. NOTICES. All notices, requests, or other communications excluding invoices hereunder shall be in
writing and either transmitted via overnight courier, electronic mail, hand delivery or certified or
registered mail, postage prepaid and return receipt requested to the parties at the following addresses.
Notices will be deemed to have been given when received.
MILTON
CONTRACTOR
Name: Stacey Inglis
City of Milton
MailFinance, Inc.
Title: Finance Director
Title: Lessor
Address: 13000 Deerfield Parkway
City of Milton, GA 30009
Address: 478 Wheelers Farm Road
Milford, CT 06461
Email Address:
Stacey.inglis@cityofmiltonga.us
Email Address:
13. TIME IS OF THE ESSENCE. Time is of the essence with regard to performance of any services
under this Lease Agreement, unless the parties agree otherwise in writing.
14. TITLE AND RISK OF LOSS. Any leased Equipment is and shall at all times remain the sole
property of the Contractor, and Milton shall have or acquire no right, title or interest therein. All risk
of loss or damage to the Equipment, including risk of transit, shall remain with the Contractor until it
is accepted by Milton in accordance with Section 5 above. Insurance during shipment and until the
Equipment is accepted by Milton is the responsibility of the Contractor.
15. ENTIRE AGREEMENT. This Lease Agreement, including all Exhibits and documents
incorporated hereunder, constitutes the entire agreement between the parties with respect to the
subject matter hereof and supersedes any and all other prior and contemporaneous agreements and
understandings between the parties, whether oral or written. No amendment to this Agreement shall
be valid unless made in a writing of equal dignity and signed by both parties. No representation,
request, instruction, directive or order, made or given by any official of Milton or of any agency of the
State of Georgia, whether verbal or written, shall be effective to amend this Lease Agreement or
excuse or modify performance hereunder unless reduced to a formal amendment and executed as set
forth above. Contractor shall not be entitled to rely on any such representation, request, instruction,
directive or order and shall not, under any circumstances whatsoever, be entitled to additional
compensation, delay in performance, or other benefit claimed for relying upon or responding to any
such representation, request, instruction, directive or order.
[SIGNATURE PAGE TO FOLLOW]
5
IN WITNESS WHEREOF the parties have executed this Lease Agreement effective the date first
written above.
CONTRACTOR
Contractor’s Full Legal Name:
(PLEASE TYPE OR PRINT)
MaiFinance, Inc (Leasing Company)
(Lessor)
Authorized Signature:
Printed Name and Title of Person
Signing:
Date:
Company Address:478 Wheelers Farm Road
Milford, CT 06461
MILTON
Milton’s Full Legal Name:
(PLEASE TYPE OR PRINT)
City of Milton
Authorized Signature:
Printed Name and Title of Person
Signing:
Date:
Company Address:13000 Deerfield Pkwy, Suite 107G
Milton, GA 30004
6
Attachment 1
36 MONTH LEASE TERM/EQUIPMENT SCHEDULE
EQUIPMENT/SERVICES DESCRIPTION
Manufacturer & Model Name:Hasler IM420 Digital Mailing System
Accessories:5 lb. Scale, Postage Meter
Services/Maintenance:Included in pricing
Additional Description (if any):Meter Rental
36 MONTH LEASE TERM
Total Lease Term:
36 MONTHS
Initial Term:
Date of Milton’s Acceptance* through September, 2012
First Renewal: October 1, 2012 through September 30, 2013
Second Renewal: October 1, 2013 through September 30, 2014
Final Renewal: October 1, 2014 through June 30, 2015
NOTE: The number of months in the final renewal should be
calculated based on the number of months remaining to reach a total
lease term of 36 months.
Monthly Payment Amount: First 12 Mos @ $93 Next 24 Mos @ $118
*The Date of Milton’s acceptance shall be the date that Milton accepts delivery of a machine, which is
operational and complies with the terms and conditions of this lease agreement and the Statewide
Contract.
DELIVERY ADDRESS & MILTON CONTACT
Milton Contact Name:Stacey Inglis
Phone Number:678-262-2508
Email:stacey.inglis@cityofmiltonga.us
Milton Delivery Address:13000 Deerfield Parkway (Finance Office)
City of Milton, GA 30004
Delivery Date:June 30, 2012
7
EXHIBIT “A”
STATE OF GEORGIA
CITY OF MILTON
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton
has registered with and is participating in a federal work authorization program, in accordance with the
applicability provisions and deadlines established in O.C.G.A. § 13-10-91.
The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection
with the physical performance of services pursuant to this contract with the City of Milton, contractor will
secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the
Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit “B”
Contractor further agrees to maintain records of such compliance and provide a copy of each such
verification to the City of Milton at the time the subcontractor(s) is retained to perform such service.
________________________________________
EEV / Basic Pilot Program User Identification Number
________________________________________
BY: Authorized Officer or Agent Date
[INSERT CONTRACTOR NAME]
_________________________________________
Title of Authorized Officer or Agent of Contractor
_________________________________________
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF ______________________, 201__
________________________________________
Notary Public
My Commission Expires:
___________________
8
EXHIBIT “B”
STATE OF GEORGIA
CITY OF MILTON
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-
91, stating affirmatively that the individual, firm or corporation which is engaged in the physical
performance of services under a contract with (name of contractor) on behalf of the City of Milton has
registered with and is participating in a federal work authorization program, in accordance with the
applicability provisions and deadlines established in O.C.G.A. § 13-10-91.
________________________________________
EEV / Basic Pilot Program User Identification Number
________________________________________
BY: Authorized Officer or Agent Date
________________________________________
[INSERT CONTRACTOR NAME]
_________________________________________
Title of Authorized Officer or Agent of Subcontractor
_________________________________________
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF ______________________, 201__
_________________________________________
Notary Public
My Commission Expires:
___________________
MILTON CONTRACT
MAILING EQUIPMENT
LEASE AGREEMENT
Contract #:
SWC 90791
Solicitation #:
Solicitation Title:
Procurement of Mailing Equipment
Contractor’s Full Legal Name:
MailFinance, Inc. (Lessor)
Milton Name:
City of Milton
Milton Billing Address:
13000 Deerfield Parkway, Suite 107G
City of Milton, GA 30004
WHEREAS, the Georgia Department of Administrative Services (“DOAS”) on behalf of the State of
Georgia (the “State”) established the above referenced Statewide Contract (“Statewide Contract”) by and
between DOAS and Contractor;
WHEREAS, the City of Milton (“Milton”) desires to make use of the Statewide Contract and this Lease
Agreement as a basis for leasing certain mailing equipment;
WHEREAS, Milton desires to lease equipment from Contractor in accordance with the terms of the
Statewide Contract, a copy of which is attached hereto and incorporated herein as Exhibit “A,” and this
Lease Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties
agree as follows:
1. EQUIPMENT AND SERVICES. Pursuant to the terms and conditions of the Statewide Contract,
Contractor agrees to lease to Milton the Equipment identified in the Equipment Schedule attached
hereto as Attachment 1 and incorporated herein by reference (collectively and individually, the
“Equipment”). The Equipment Schedule may be amended to include any additional Equipment added
hereto by written agreement of both parties, with approval by Milton requiring affirmative Council
action. In addition, Contractor agrees to provide to Milton the installation and maintenance and other
services described in the Statewide Contract.
2. ORDER OF PRECEDENCE. The contractual relationship between Contractor and MiltonMilton
shall be governed by the following order of precedence: (i) the provisions of the Statewide Contract
(Exhibit “A”) and (ii) the provisions of this Lease Agreement, including all exhibits attached hereto
and incorporated into this Lease Agreement.
3. TERM AND RENEWAL. The initial term of this Lease Agreement shall begin on the Effective
Date and end on September 30 of the then-current fiscal year (October 1 – September 30). Thereafter,
the Lease Agreement may be renewed at the sole discretion of Milton on a year-to-year basis (one
2
fiscal year at a time) for the period of time identified in Attachment 1. Milton may, at its sole option,
renew as to all of the Equipment and Services to be provided hereunder or as to only selected
Equipment and Services. The terms and conditions of this Lease Agreement shall apply during any
and all renewals.
4. SHIPPING, DELIVERY AND RETURN. Contractor shall pay for packing, crating, and shipping
of the Equipment to and from Milton and shall install the Equipment at Milton’spremises at no cost to
Milton. Shipment/Delivery shall be FOB: Destination. Unless title to the Equipment is transferred to
Milton as provided below, Equipment will be returned in the same mode of shipment unless otherwise
mutually agreed upon. Equipment will be returned in the same condition as received, normal wear
and tear excepted.
5. PAYMENT AND ACCEPTANCE. Milton agrees to pay Contractor in arrears for all undisputed
amounts within thirty (30) days of receipt of an undisputed invoice, provided that the Equipment and
Services have been accepted by Milton as hereinafter provided. Contractor shall not invoice Miltonin
advance of Contractor’s deliverance/performance of the items and/or services that are the subject of
the invoice. Contractor shall deliver the Equipment and/or perform any Services in accordance with
the schedule set forth in the Statewide Contract or the time specified in Attachment 1 (whichever is
later). Unless otherwise agreed to by Contractor and Milton, Contractor shall provide written
notification of completion of the delivery, or other performance of Services, to Milton (“Delivery
Notice”). Milton shall have thirty (30) days from the date of receipt of the Delivery Notice to provide
Contractor with written notification of acceptance or rejection due to unsatisfactory performance
(“Acceptance Period”), and in the event of acceptance by Milton, the obligation to pay shall be
effective on the first (1st) day of the Acceptance Period. The failure of Milton to issue an acceptance
or rejection notice on or before the end of the Acceptance Period shall be deemed an acceptance of the
Equipment or Services. In the event Milton issues a rejection notice, Supplier shall, as quickly as is
practicable, correct at its expense all deficiencies caused by Contractor. Milton shall not unreasonably
withhold or delay such acceptance or rejection.
6. TERMINATION. Termination of this Lease Agreement shall be governed by the following
provisions:
a. Each party has the right to terminate this Lease Agreement if the other party breaches or is in
default of any material obligation hereunder which default is incapable of cure, or which, being
capable of cure, has not been cured within thirty (30) days after receipt of notice of such default
(or such additional cure period as the non-defaulting party may authorize).
b. Provided that Contractor is in default of this Lease Agreement, Milton may terminate this
Standard Lease Agreement, in whole or in part, by written notice to Contractor if Contractor
becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary
petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets,
or becomes subject to any proceeding under any bankruptcy or insolvency law, whether domestic
or foreign, or has wound up or liquidated, voluntarily or otherwise.
c. Milton may terminate this Lease Agreement, in whole or in part, immediately, without notice, if:
(i) Milton deems that such termination is necessary to prevent or protect against fraud or otherwise
protect Milton’s personnel, facilities or services; or (ii) Contractor is debarred or suspended from
performing services on any public contract(s).
3
d. Upon the termination or expiration of this Lease Agreement, Contractor shall promptly return to
Milton all papers, materials and other property of Milton then in its possession, including but not
limited to all work in progress as is appropriate in its then-existing form (in object code and source
code to the extent such work is composed of software, and in machine-readable and printed
formats to the extent such work is composed of documentation).
e. If Milton terminates this Lease Agreement for convenience prior to the expiration of the current
term, or if Contractor terminates this Lease Agreement as set forth in subsection (a) above, then
Milton will be responsible for the payment of all amounts remaining in the unexpired portion of
the current term, plus any unpaid invoices unless those invoices are in dispute. In no event shall an
unexpired term comprise more than those months remaining in the then-existing calendar year.
7. FUNDING. The parties acknowledge that municipalities in Georgia are prohibited from entering into
multi-year service and lease contracts unless certain procedural safeguards are instituted. This
requirement exists to ensure that one council may not bind a future council regarding a future budget
and other legislative issues. If the source of payment for the charges payable hereunder no longer
exists or is determined to be insufficient, this Lease Agreement shall terminate without further
obligation on the part of Milton as of that moment. The determination of Milton as to the occurrence
of the events stated herein shall be conclusive; Milton represents, however, that it will use reasonable
care that the termination of this Lease Agreement will not be frivolous, but rather will result from a
reduction of funding.
8. TAXES. All fees payable to Contractor hereunder shall be net of any and all taxes that the Contractor
may be required by law to collect in connection with the provision of the Services hereunder.
Contractor shall be solely responsible for the payment of any and all taxes lawfully imposed upon it,
including but not limited to taxes on property owned, leased or used by Contractor; franchise or
privilege taxes on Contractor’s business; gross receipts taxes to which Contractor is subject; and
income taxes. By this paragraph, Milton does not make any representation whatsoever as to the
liability or exemption from liability of Contractor to any tax imposed by any governmental entity.
Upon request, Milton will provide a certificate of tax exemptions which apply to this Lease
Agreement.
9. ASSIGNMENT. Contractor shall not assign or subcontract the whole or any part of this Lease
Agreement.
10. WAIVER AND SEVERABILITY. The waiver by Milton of any breach of any provision contained
in this Lease Agreement shall not be deemed to be a waiver of such provision on any subsequent
breach of the same or any other provision contained in this Lease Agreement. Any such waiver must
be in writing in order to be effective, and no such waiver or waivers shall serve to establish a course of
performance between the parties contradictory to the terms hereof. All provisions of this Lease
Agreement are severable, and the unenforceability or invalidity of any of the provisions will not affect
the validity or enforceability of the remaining provisions. The remaining provisions will be construed
in such a manner as to carry out the full intention of the parties. Section titles or references used in
this Lease Agreement have no substantive meaning or content and are not a part of this Lease
Agreement.
11. APPLICABLE LAW AND VENUE. This Lease Agreement shall be governed by and interpreted in
accordance with the laws of the State of Georgia, U.S.A., without regard to its conflict of laws
principles. Any lawsuit or other action based on a claim arising from this Agreement shall be brought
4
in a court or other forum of competent jurisdiction within Fulton County, Georgia.
12. NOTICES. All notices, requests, or other communications excluding invoices hereunder shall be in
writing and either transmitted via overnight courier, electronic mail, hand delivery or certified or
registered mail, postage prepaid and return receipt requested to the parties at the following addresses.
Notices will be deemed to have been given when received.
MILTON
CONTRACTOR
Name: City of Milton (Stacey Inglis) MailFinance, Inc.
Title: Finance Director
Title: Lessor
Address: 13000 Deerfield Parkway
City of Milton, GA 30009
Address: 478 Wheelers Farm Road
Milford, CT 06461
Email Address:
Stacey.inglis@cityofmiltonga.us
Email Address:
13. TIME IS OF THE ESSENCE. Time is of the essence with regard to performance of any services
under this Lease Agreement, unless the parties agree otherwise in writing.
14. TITLE AND RISK OF LOSS. Any leased Equipment is and shall at all times remain the sole
property of the Contractor, and Milton shall have or acquire no right, title or interest therein. All risk
of loss or damage to the Equipment, including risk of transit, shall remain with the Contractor until it
is accepted by Milton in accordance with Section 5 above. Insurance during shipment and until the
Equipment is accepted by Milton is the responsibility of the Contractor.
15. ENTIRE AGREEMENT. This Lease Agreement, including all Exhibits and documents
incorporated hereunder, constitutes the entire agreement between the parties with respect to the
subject matter hereof and supersedes any and all other prior and contemporaneous agreements and
understandings between the parties, whether oral or written. No amendment to this Agreement shall
be valid unless made in a writing of equal dignity and signed by both parties. No representation,
request, instruction, directive or order, made or given by any official of Milton or of any agency of the
State of Georgia, whether verbal or written, shall be effective to amend this Lease Agreement or
excuse or modify performance hereunder unless reduced to a formal amendment and executed as set
forth above. Contractor shall not be entitled to rely on any such representation, request, instruction,
directive or order and shall not, under any circumstances whatsoever, be entitled to additional
compensation, delay in performance, or other benefit claimed for relying upon or responding to any
such representation, request, instruction, directive or order.
[SIGNATURE PAGE TO FOLLOW]
5
IN WITNESS WHEREOF the parties have executed this Lease Agreement effective the date first
written above.
CONTRACTOR
Contractor’s Full Legal Name:
(PLEASE TYPE OR PRINT)
MaiFinance, Inc (Leasing Company)
(Lessor)
Authorized Signature:
Printed Name and Title of Person
Signing:
Date:
Company Address:478 Wheelers Farm Road
Milford, CT 06461
MILTON
Milton’s Full Legal Name:
(PLEASE TYPE OR PRINT)
City of Milton
Authorized Signature:
Printed Name and Title of Person
Signing:
Date:
Company Address:13000 Deerfield Pkwy, Suite 107G
Milton, GA 30004
6
Attachment 1
36 MONTH LEASE TERM/EQUIPMENT SCHEDULE
EQUIPMENT/SERVICES DESCRIPTION
Manufacturer & Model Name:Hasler M1500 Table-Top Inserter
Accessories:2 Sheet Feeders, 1 Insert Feeder
Services/Maintenance:Included in pricing
Additional Description (if any):Meter Rental
36 MONTH LEASE TERM
Total Lease Term:
36 MONTHS
Initial Term: Date of Milton’s Acceptance* through September, 2012
First Renewal: October 1, 2012 through September 30, 2013
Second Renewal: October 1, 2013 through September 30, 2014
Final Renewal: October 1, 2014 through June 30, 2015
NOTE: The number of months in the final renewal should be
calculated based on the number of months remaining to reach a total
lease term of 36 months.
Monthly Payment Amount: First 36 Mos @ $194
*The Date of Milton’s acceptance shall be the date that Milton accepts delivery of a machine, which is
operational and complies with the terms and conditions of this lease agreement and the Statewide
Contract.
DELIVERY ADDRESS & MILTON CONTACT
Milton Contact Name:Stacey Inglis
Phone Number:678-262-2508
Email:stacey.inglis@cityofmiltonga.us
Milton Delivery Address:13000 Deerfield Parkway (Finance Office)
City of Milton, GA 30004
Delivery Date:June 30, 2012
7
EXHIBIT “A”
STATE OF GEORGIA
CITY OF MILTON
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton
has registered with and is participating in a federal work authorization program, in accordance with the
applicability provisions and deadlines established in O.C.G.A. § 13-10-91.
The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection
with the physical performance of services pursuant to this contract with the City of Milton, contractor will
secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the
Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit “B”
Contractor further agrees to maintain records of such compliance and provide a copy of each such
verification to the City of Milton at the time the subcontractor(s) is retained to perform such service.
________________________________________
EEV / Basic Pilot Program User Identification Number
________________________________________
BY: Authorized Officer or Agent Date
[INSERT CONTRACTOR NAME]
_________________________________________
Title of Authorized Officer or Agent of Contractor
_________________________________________
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF ______________________, 201__
________________________________________
Notary Public
My Commission Expires:
___________________
8
EXHIBIT “B”
STATE OF GEORGIA
CITY OF MILTON
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-
91, stating affirmatively that the individual, firm or corporation which is engaged in the physical
performance of services under a contract with (name of contractor) on behalf of the City of Milton has
registered with and is participating in a federal work authorization program, in accordance with the
applicability provisions and deadlines established in O.C.G.A. § 13-10-91.
________________________________________
EEV / Basic Pilot Program User Identification Number
________________________________________
BY: Authorized Officer or Agent Date
________________________________________
[INSERT CONTRACTOR NAME]
_________________________________________
Title of Authorized Officer or Agent of Subcontractor
_________________________________________
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF ______________________, 201__
_________________________________________
Notary Public
My Commission Expires:
___________________
Milton High School Lady Eagles State Soccer Champions
WHEREAS, soccer, the world’s most popular sport, requires a tremendous physical and mental effort
to effectively secure team wins, and;
WHEREAS, the Milton High School Lady Eagles soccer team has a tradition of excellence and
accomplishment in athletic and academic competition reflecting the highest ideals of hard
work, training and sportsmanship, and;
WHEREAS, the team went undefeated in region play, with an impressive season record of 23 -1,
including 14 shut outs and;
WHEREAS, this season the Lady Eagles scored a total of 104 goals, allowing opponents just 15 points
all season, and;
WHEREAS, this stellar play ultimately culminated in both 6 AAAAA region and state titles, with the
Lady Eagles defeating rival Northview 4-0 May 19, and;
WHEREAS, during the game, Sanna Levine (with an assist from Kala Faulkner), Imani Walker, Becca
von Bereghy (with an assist from Callie O’Connor) and Anna Hilpertshauser scored goals
for the team, and;
WHEREAS, Tori Stajduhar made two saves to keep Northview scoreless, and;
WHEREAS, the players on the Milton High School Lady Eagles soccer team are champions not only
on the field, but in the classroom, in the community and in life and we are proud this
great team is located in Milton, Georgia.
NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby dedicate Monday,
July 2, 2012 as MILTON HIGH SCHOOL GIRLS’ SOCCER CHAMPIONSHIP DAY in the City of
Milton, Georgia.
Given under our hand and seal of the City of Milton, Georgia on this 2nd Day of July, 2012.
(Seal)
_______________________
Joe Lockwood
Mayor
Prepared by the Community Development Department for the
Mayor and City Council Meeting on July 2, 2012 (First Presentation)
6/22/2012 Page 1 of 19
RZ12-07/VC12-04
RZ12-07/VC12-04
PROPERTY INFORMATION
ADDRESS North side of Redd Road
DISTRICT, LAND LOT 2/2 744
OVERLAY DISTRICT Northwest Fulton Overlay
EXISTING ZONING AG-1 (Agricultural)
PROPOSED ZONING CUP (Community Unit Plan)
ACRES 26.13
EXISTING USE Partially Developed Single Family Subdivision, 10 lots
PROPOSED USE Single Family Subdivision, 15 lots
PETITIONER Redd Road Properties, LLC
ADDRESS 8870 Old Southwick Pass
Alpharetta, GA 30022
REPRESENTATIVE Ethan Underwood
114 North Main Street
Cumming, GA 30040
PHONE 770-887-7761
COMMUNITY DEVELOPMENT RECOMMENDATION – JUNE 26, 2012
RZ12-07– DENIAL
VC12-04 – Parts 1-3 - DENIAL
INTENT
To rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to develop 15
single family detached homes on 26.13 acres at an overall density of .574 unit per
acre and to request a three part concurrent variance to 1) Reduce the 50 foot
setback for a new street to 10 feet along the east property line (Section 64-2397); 2)
Reduce the 50 foot setback for a new street to 10 feet along the west property line
(Section 64-2397); 3) Delete the curb and gutter and sidewalks for all roads within
the subdivision (Section 64-2393).
Prepared by the Community Development Department for the
Mayor and City Council Meeting on July 2, 2012 (First Presentation)
6/22/2012 Page 2 of 19
RZ12-07/VC12-04
CITY OF MILTON PLANNING COMMISSION RECOMMENDATION – MAY 22, 2012
RZ12-07/VC12-04 – Deferral to the June 26, 2012 Planning Commission Meeting
based on the request of the applicant.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on July 2, 2012 (First Presentation)
6/22/2012 Page 3 of 19
RZ12-07/VC12-04
LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on July 2, 2012 (First Presentation)
6/22/2012 Page 4 of 19
RZ12-07/VC12-04
CURRENT ZONING MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on July 2, 2012 (First Presentation)
6/22/2012 Page 5 of 19
RZ12-07/VC12-04
FUTURE LAND USE PLAN MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on July 2, 2012 (First Presentation)
6/22/2012 Page 6 of 19
RZ12-07/VC12-04
REVISED SITE PLAN SUBMITTED – JUNE 14, 2012
Prepared by the Community Development Department for the
Mayor and City Council Meeting on July 2, 2012 (First Presentation)
6/22/2012 Page 7 of 19
RZ12-07/VC12-04
Prepared by the Community Development Department for the
Mayor and City Council Meeting on July 2, 2012 (First Presentation)
6/22/2012 Page 8 of 19
RZ12-07/VC12-04
SUBJECT SITE:
The subject site contains 26.13 acres and is partially developed with private
driveways and water service along the east and west property lines. It is
currently zoned AG-1 (Agricultural) with an approved final plat for a total of 10
lots. It is located on the north side of Redd Road, east of Freemanville Road. The
site is located within the Low Density Residential designation on the City’s 2030
Future Land Use Map.
SITE PLAN ANALYSIS
Staff notes that the applicant had previously submitted a site plan for a total of
18 lots for the subject site. Based on feedback from the community, the
applicant has reduced the number of lots to 15. In addition, the applicant
requested a deferral at the Planning Commission Meeting on May 22, 2012 to
the June 26, 2012 Planning Commission Meeting.
Based on the applicant’s revised site plan submitted to the Community
Development Department on June 14, 2012, Staff offers the following
considerations:
The applicant is requesting that the property be designated as CUP (Community
Unit Plan) with the following development standards.
DEVELOPMENT STANDARDS – SEC. 64-897 CUP (Community Unit Plan
The applicant has proposed the following development standards based on the
revised letter of intent dated June 14, 2012 or otherwise indicated, for the
subject site:
Minimum lot area per unit shall be 1 acre.
Minimum lot width – 100 feet
Minimum Front Yard Setback – 60 feet
Minimum Side Yard Setback – 10 feet
Minimum Rear Yard Setback – 50 feet
Minimum Building Separation – 10 feet
Minimum Heated Floor Area – 3,000 square feet
Minimum Perimeter Setback for the development – 10 feet
(Staff notes that the applicant did not indicate the setback, but is based
on the revised site plan submitted on June 14, 2012)
Maximum height – no building shall exceed 40 feet. (based on the CUP
development standards)
Prepared by the Community Development Department for the
Mayor and City Council Meeting on July 2, 2012 (First Presentation)
6/22/2012 Page 9 of 19
RZ12-07/VC12-04
The proposed CUP (Community Unit Plan) designation is an appropriate zoning
request for the subject site if developed with the appropriate number of lots.
There are other un-sewered subdivisions in the area that are zoned CUP
(Community Unit Plan) and are compatible with their adjacent and nearby
developments.
OTHER SITE PLAN CONSIDERATIONS
The applicant indicates that the proposed streets (currently developed as
shared driveways are located along the east and west property lines. The
Zoning Ordinance requires that new public and private streets must be located
a minimum of 50 feet from any peripheral property line adjoining AG-1 and
residential zoned property unless inter parcel access is required (Sec 64-2397).
This dimension includes the right-of-way as well as the paved portion of the
road. The applicant has requested the following two part concurrent variance:
Parts 1 and 2 – VC12-04 - Reduce the 50 foot setback for a new street to 10 feet
along the east and west property lines (Section 64-2397).
As mentioned above, the site plan indicates the proposed right-of-way is
adjacent to the east and west property lines. The applicant has requested that
the setback be reduced to 10 feet on both sides of the development. There are
five “flag lots” currently platted along the east property line and four along the
west property line with shared, paved driveways to access each of the lots. The
applicant has not demonstrated that there are such extraordinary and
exceptional situations or conditions pertaining to the particular piece of
property that the literal or strict application of this zoning ordinance would
create an unnecessary hardship due to size, shape or topography or other
extraordinary and exceptional situations or conditions not caused by the
applicant. The existing platted subdivision demonstrates that the existing lots
can be accessed via shared driveways, in lieu of creating new streets. Therefore,
Staff recommends DENIAL of Parts 1 and 2 of VC12-04.
If the Council chooses to approve Parts 1 and 2 of the concurrent variance, the
condition should require the applicant to provide a 10 foot setback from the
property line to the right-of-way line along both the east and west property lines.
Part 3 – VC12-04 –Delete the curb and gutter and sidewalks for all roads within
the subdivision (Section 64-2393).
The applicant has requested the concurrent variance based on the fact that
the existing shared driveways, not streets, do not have curb and gutter and
sidewalks and that they are not necessary for the development. It is Staff’s
Prepared by the Community Development Department for the
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RZ12-07/VC12-04
opinion that by adding five additional lots and upgrading the driveways to
street standards, the requirement for curb and gutter are necessary to provide
additional drainage to the development. The City of Milton allows the
developer to pay into a sidewalk fund in lieu of constructing the sidewalks if
approved by the Community Development Department. Staff notes that a new
hydrology study will be required prior to the issuance of a Land Disturbance
Permit, if this request is approved.
The applicant has not demonstrated that there are such extraordinary and
exceptional situations or conditions pertaining to the particular piece of
property that the literal or strict application of this zoning ordinance would
create an unnecessary hardship due to size, shape or topography or other
extraordinary and exceptional situations or conditions not caused by the
applicant. The existing platted subdivision demonstrates that by not creating a
new street, the existing lots can be accessed via shared driveways. Therefore,
Staff recommends DENIAL of Part 3 of VC12-04.
Septic Permits
The minimum lot size for a lot serviced by a septic tank is one acre of usuable
area. Septic lines are not permitted within the 75 foot impervious setback or
stream/lake buffers. The proposed site plan indicates that all of the lots contain
stream/lake buffers and non-impervious setbacks. Staff notes that once the lake
area, buffers, and impervious setbacks are subtracted from the area of each lot,
none of them are left with an acre of buildable area. The following regulation is
contained in the Fulton County Code of Ordinances, Chapter 34-511(a) states:
Individual lot. The minimum lot size required for considering approval of installation of an
onsite sewage management system serving a single residence shall be 43,560 square
feet (one acre) of usable area and shall accommodate the initial system and the
reserve area. The reserve area shall remain undisturbed, available for future repair, shall
not conflict with applicable zoning requirements and shall not be used to
accommodate any other construction (aboveground or underground) precluding its
use or availability in the event of initial-system failure. Development on individual lots
with less than 43,560 square feet of usable area shall be restricted to those served by
public or community sewerage systems.
Staff has contacted the Fulton County Health Department regarding the
rezoning request and they requested plans to determine if the lots are suitable
for installation of a septic system, along with the soil data from a certified soil
scientist.
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RZ12-07/VC12-04
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, historical sites or sensitive plant and animal species.
The applicant states in the ESA that the tree survey was filed with the previous
plat for the subject site and is on file with the City. Staff notes that a tree survey is
not a requirement of a plat and the City does not have a tree survey. A tree
survey must be provided to be in compliance with the required items for
rezoning application.
ARBORIST COMMENTS
Based on the fact that a tree survey was not provided to the City, comments
could not be made regarding the proposed 15 lot subdivision. Staff notes that all
trees 15 inch in diameter, or greater will need to be surveyed.
CITY OF MILTON FIRE MARSHAL
There are no outstanding fire code issues associated with the proposed rezoning
as it is now presented.
FULTON COUNTY BOARD OF EDUCATION
(Staff notes that we do not have updated information based on the 15 lot
request.)
For a single family development with 18 units, we would expect
approximately:
Elementary School Students: 6
Middle School Students: 2
High School Students: 4
Total Students: 12
This development will be located in the Summit Hill ES, Northwestern MS,
and Cambridge HS zones for the 2012-13 school year.
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RZ12-07/VC12-04
PUBLIC INVOLVEMENT
On April 25, 2012 the applicant was present at the Community Zoning
Information Meeting (CZIM) held at the Milton City Hall. There were a total of 11
people in attendance.
Public Comments – Staff has attached one public comment at the end of the
report.
PUBLIC PARTICIPATION REPORT
The applicant hosted a Public Participation Meeting on at the Windward Kroger
Community Room on May 8, 2012. There were 18 citizens in attendance. The
consensus of the neighbors was that they were opposed to the original 18 lots as
well as the most recently proposed 15 lot subdivision and wanted the site to
remain at 10 lots. The following were their concerns:
Concern that the CUP zoning category will open the door for high-
density and/or attached housing in the area
Density of the Development and subsequent effects (i.e. noise &
traffic)
Reduction of property values
CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – May 1, 2012
Concerned with the long term issues of the lake.
Would like the applicant and homeowners will work together to find
something that will work for everyone.
Suggests adding some sort of landscape buffer along edge of road.
Standards of Review
(Section 64-2104) Planning Staff shall, with respect to each zoning application,
investigate and make a recommendation with respect to factors 1 through 7,
below, as well as any other factors it may find relevant.
1. Whether or not the proposal will permit a use that is suitable in view of the
use and development of adjacent and nearby Property?
Although the proposed fifteen lot single family residential subdivision
developed at a density of .574 unit per acre is consistent with nearby
properties; the increased number of lots from ten to fifteen does not meet
Prepared by the Community Development Department for the
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RZ12-07/VC12-04
the development requirements for streets and possibly the approval of
septic for the lots.
2. Whether or not the proposal will adversely affect the existing use or
usability of adjacent or nearby property?
It is Staff’s opinion that the proposal may adversely affect existing use or
usability of the adjacent properties as depicted in the map and chart
below based on the fact that the applicant cannot develop streets to the
requirements of the zoning ordinance.
Location Parcel / Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor Area
North and
East
1
AG-1 (Agricultural)
Nettlebrook Farms S/D
1 unit per acre
None
Further
North
2
AG-1 (Agricultural)
Christopher’s Run S/D
1 unit per acre
None
East 3
AG-1 (Agricultural)
Scattered Single Family
1 unit per acre
None
Southeast 4
AG-1 (Agricultural)
Scattered Single Family
1 unit per acre
None
South 5
AG-1 (Agricultural)
Reddstone S/D
1 unit per acre
None
East and
Northeast
6
AG-1 (Agricultural)
Scattered Single Family and
Rainbeau Orchids Nursery
1 unit per acre
None
North 7 AG-1 (Agricultural)
Atlanta Athletic Club Golf
Course
None
Existing uses and zoning of nearby property
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RZ12-07/VC12-04
EXISTING USES LOCATION MAP
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3. Whether the property to be affected by the proposal has a reasonable
economic use as currently zoned?
The subject site does have a reasonable use currently zoned AG-1
(Agricultural) with an approved subdivision plat for ten lots.
4. Whether the proposal will result in a use which will or could cause an
excessive or burdensome use of existing streets, transportation facilities,
utilities or schools?
Staff does not anticipate a significant impact on public services, utilities, or
schools as proposed. Comments from the Fulton County Board of
Education are included in the report as it relates to the estimated number
of new students for each type of school .
The applicant has requested concurrent variances to reduce the setback
for streets adjacent to peripheral property lines and to delete curb and
gutter and sidewalks. The additional five lots may cause an increase in
runoff into the streets.
5. Whether the proposal is in conformity with the policies and intent of the
land use plan?
Future Land Use Plan Map: Low Density Residential
Proposed use/density:
Single Family Residential at .574 unit per acre
The 2030 Future Land Use Plan Map suggests Low Density Residential for
the subject site and the two subdivisions to the east and south. The
scattered single family residences to the west, immediately east and south
are suggested as Agricultural, Estate Residential, and Equestrian. There is
Private Recreation (golf course) to the north of the subject site.
The proposed development is inconsistent with the following Plan Policies:
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.
We will require that our new and reconstructed roadways be
appropriately designed using context sensitive design considerations to
enhance community aesthetics and to minimize environmental
impacts and accommodate multiple functions, where appropriate.
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RZ12-07/VC12-04
6. Whether there are other existing or changed conditions affecting the use
and development of the property which gives supporting grounds for
either approval or disapproval of the proposal?
The proposed development is consistent with adjacent and nearby
zonings and development; it is consistent with the Future Land Use Plan
which shows the subject site as Low Density Residential. But by increasing
the number of lots from ten to fifteen concurrent variances will be
required to meet the development standards for the site. In addition, by
increasing the lot count, there appears not to be adequate area for
septic systems because a large percentage of each of the lots’ area is
located in the lake or stream buffers. The increased number of lots will also
impact the amount of trees to be preserved on the site. The issues stated
above are grounds for recommending disapproval for the proposed CUP
(Community Unit Plan) zoning developed with fifteen single family
residential units.
7. Whether the zoning proposal will permit a use which can be considered
environmentally adverse to the natural resources, environment and
citizens of the City of Milton?
The proposed use may be environmentally adverse to the natural
resources, environment and citizens of the City due to the smaller areas
available for septic systems.
CONCLUSION
Although the proposed development is consistent with adjacent and nearby
residential developments in the area, the applicant has not demonstrated a
hardship that is not self imposed and the site plan does not meet the
development standards for streets, curb and gutter and sidewalks. Therefore,
Staff recommends DENIAL of RZ12-07 to rezone from AG-1 (Agricultural) to CUP
(Community Unit Plan) and VC12-07, Parts 1-3 to develop fifteen single family
lots. If the Mayor and City Council recommend approval, Staff has provided the
following Recommended Conditions.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on July 2, 2012 (First Presentation)
6/22/2012 Page 17 of 19
RZ12-07/VC12-04
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be CUP
(Community Unit Plan) 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) Single family detached dwellings and accessory uses and
structures.
b) No more than 15 total dwelling units at a maximum density of .574
unit per acre, whichever is less, based on the total acreage zoned.
Approved lot/unit totals are not guaranteed. The developer is
responsible through site engineering (at the time of application for a
Land Disturbance Permit) to demonstrate that all lots/units within
the approved development meet or exceed all the development
standards of the City of Milton. The total lot/unit yield of the subject
site shall be determined by this final engineering.
c) The minimum lot size shall be 1 acre for all lots.
d) The minimum heated floor area per dwelling unit shall be 3,000
square feet.
2) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on June 14, 2012. Said site plan is conceptual only and
must meet or exceed the requirements of the Zoning Ordinance, all
other applicable city ordinances and these conditions prior to the
approval of a Land Disturbance Permit. Unless otherwise noted
herein, compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy.
b) All areas which are not part of an individual lot and held in
common shall be maintained by a mandatory homeowners
association, whose proposed documents of incorporation shall be
submitted to the Director of Community Development for review
and approval prior to the recording of the first final plat.
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RZ12-07/VC12-04
3) To the owner’s agreement to the following site development considerations:
a) The applicant’s proposed minimum setbacks and design standards
are as follows:
Minimum lot width 100 feet
Minimum Front Yard Setback 60 feet
Minimum Side Yard Setback 10 feet
Minimum Rear Yard Setback 50 feet
Minimum Building Separation 10 feet
Minimum Perimeter Setback for the
development 10 feet
b) Provide a 10 foot setback for new streets along the east and west
property lines. (VC12-04, Parts 1 and 2)
c) Delete curb and gutters for all streets. (VC12-04, Part 3)
d) Prior to the issuance of the Land Disturbance Permit, provide septic
permits for each lot from the Fulton County Health Department.
4) To the owner’s agreement to abide by the following requirements,
dedication, and improvements:
a) Access 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.
5) To the owner’s agreement to abide by the following:
a) The stormwater management facilities shall comply with the City
of Milton stormwater requirements and shall utilize earthen
embankments, where possible. Walled structures are not
encouraged. If walled structures are proposed, they must meet the
acceptable design standards of the Department of Community
Development.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on July 2, 2012 (First Presentation)
6/22/2012 Page 19 of 19
RZ12-07/VC12-04
ORDINANCE NO._______
PETITION NO. RZ12-07/VC12-04
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO CUP (COMMUNITY
UNIT PLAN) FOR A 15 LOT SINGLE FAMILY SUBIDIVISION AT AN OVERALL
DENSITY OF .574 UNIT PER ACRE LOCATED ON THE NORTH SIDE OF REDD ROAD
HAVING A FRONTAGE OF 1,083.97 FEET
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
July 16, 2012 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official
maps established in connection therewith be changed so that the following property located on the
north side of Redd Road with a frontage of 1,083.97 feet, consisting of a total of approximately
26.13 acres as described in the attached legal description, be rezoned to the CUP (Community Unit
Plan) District with conditions, attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lot 744 of the 2nd District 2nd Section,
City of Milton, Fulton County, Georgia; and
SECTION 2. That the CUP (Community Unit Plan) zoning listed in the attached conditions
of approval, be approved under the provisions Chapter 64, Article VI, Division 23 of the Zoning
Ordinance of the City of Milton; and
SECTION 3. That the property shall be developed in compliance with 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 the official maps referred to, on file in the Office of the City Clerk, be
changed to conform with the terms of this ordinance; and
SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this
ordinance are hereby repealed; and
SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City
Council and the signature of approval of the Mayor.
ORDAINED this 16th day of July, 2012.
_________________________________
Mayor Joe Lockwood
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be CUP
(Community Unit Plan) 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) Single family detached dwellings and accessory uses and structures.
b) No more than 15 total dwelling units at a maximum density of .574 unit
per acre, whichever is less, based on the total acreage zoned.
Approved lot/unit totals are not guaranteed. The developer is
responsible through site engineering (at the time of application for a
Land Disturbance Permit) to demonstrate that all lots/units within the
approved development meet or exceed all the development
standards of the City of Milton. The total lot/unit yield of the subject site
shall be determined by this final engineering.
c) The minimum lot size shall be 1 acre for all lots.
d) The minimum heated floor area per dwelling unit shall be 3,000 square
feet.
2) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on June 14, 2012. Said site plan is conceptual only and
must meet or exceed the requirements of the Zoning Ordinance, all
other applicable city ordinances and these conditions prior to the
approval of a Land Disturbance Permit. Unless otherwise noted herein,
compliance with all conditions shall be in place prior to the issuance of
the first Certificate of Occupancy.
b) All areas which are not part of an individual lot and held in common
shall be maintained by a mandatory homeowners association, whose
proposed documents of incorporation shall be submitted to the
Director of Community Development for review and approval prior to
the recording of the first final plat.
3) To the owner’s agreement to the following site development considerations:
a) The applicant’s proposed minimum setbacks and design standards
are as follows:
Minimum lot width 100 feet
Minimum Front Yard Setback 60 feet
Minimum Side Yard Setback 10 feet
Minimum Rear Yard Setback 50 feet
Minimum Building Separation 10 feet
Minimum Perimeter Setback for the
development 10 feet
b) Provide a 10 foot setback for new streets along the east and west
property lines. (VC12-04, Parts 1 and 2)
c) Delete curb and gutters for all streets. (VC12-04, Part 3)
d) Prior to the issuance of the Land Disturbance Permit, provide septic
permits for each lot from the Fulton County Health Department.
4) To the owner’s agreement to abide by the following requirements, dedication,
and improvements:
a) Access 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.
5) To the owner’s agreement to abide by the following:
a. The stormwater management facilities shall comply with the City of
Milton stormwater requirements and shall utilize earthen
embankments, where possible. Walled structures are not
encouraged. If walled structures are proposed, they must meet the
acceptable design standards of the Department of Community
Development.
Revised Site Plan Submitted on June 14, 2012
City of Milton
13000 Deerfield Parkway, Suite 107F Milton, GA 30004
To: Honorable Mayor and City Council
From: Wade Greene, Building Official
Date: June 20, 2012 (First Presentation, July 2, 2012 and Final Presentation, July 16,
2012)
Agenda Item: To amend Chapter 10, Buildings and Building Regulations, Article II, Division 2,
Subdivision III, Section 10-91 of the City Code, Conditions of the Permit, As It
Pertains to Expiration of Permits
CMO (City Manager’s Office) Recommendation:
To approve the text amendment to provide a utilization period for all building and building trade
permits issued for projects within the City Limits.
Background:
It is prudent and necessary to adopt this text amendment to provide a utilization period for all
building and building trade permits issued for projects within City limits. Projects that have been
under construction, and or abandoned, for extended periods of time become nuisance buildings
reducing existing property values and providing opportunity for undesired activity on these
properties.
Discussion:
It is the Building Division’s responsibility to administer currently adopted Construction codes.
This amendment will provide a clear utilization period in which a building permit or building trade
permit are valid. Adoption of this text amendment will provide a vehicle for the Building Official
and or Code Enforcement to address projects that have been abandoned or work suspended for
extended periods of time.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer this item.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney
Page 1 of 2
Sec. 10-91. - Conditions of the permit.
(a) Intent. A permit issued shall be construed to be a license to proceed with the work and not as
authority to violate, cancel, alter, or set aside any of the provisions of the construction codes, nor shall
issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans,
construction, or violations of the construction codes.
(1) Every permit issued shall become invalid unless the work authorized by such permit is
commenced within six months after its issuance, or if the work authorized by such permit is
suspended or abandoned for a period of six months after the time the work is commenced.
(2) Notwithstanding the initiation of work pursuant to a building permit, a building permit shall be
subject to a utilization period of 24 months from date of issuance. The permit shall expire and
become invalid after the given utilization period has elapsed. The utilization period begins on the
date of permit issuance. The expiration date for the building permit shall be specified on the
permit. An exception to the 24 month expiration may be granted in accordance with (3), below.
(3) Upon request of the applicant for a building permit at the time of the initial application, the
building official may approve an expiration date exceeding the utilization period if the applicant
demonstrates that the complexity and size of the project makes completion of the project within
the utilization period unreasonable.
(4) A request for an extension of the utilization period may be submitted no later than 20 calendar
days prior to the expiration of the utilization period. The building official may extend the building
permit one time for a period up to and not exceeding 180 calendar days if the applicant shows that
the work pursuant to the permit cannot be completed within the utilization period due to
circumstances beyond the applicant’s control. The applicant’s name, address, telephone
number, the building permit number, site address and a description of the circumstances beyond
the applicant’s control which prevented completion of the work prior to the expiration date shall be
submitted to the building official. If the project is less than 50% complete (as determined by the
building official), the building official shall require a performance bond to be submitted prior to
approval of the extension. If a performance bond is required, the amount of the bond shall be
justified with a cost estimate from the applicant for the completion of the project.
(b) Issued on basis of affidavit.
(1) Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered
by a permit involves installation under conditions which, in the opinion of the building official, are
hazardous or complex, the building official shall require that the architect or engineer who signed
the affidavit or prepared the drawings or computations shall supervise such work.
(2) In addition, the architect or engineer shall be responsible for:
a. Conformity with the permit;
b. Providing copies of inspection reports as inspections are performed; and
c. Upon completion make and file with the building official a written affidavit that the work
Page 2 of 2
has been done in conformity with the reviewed plans and with the structural provisions of the
construction codes.
(3) In the event such architect or engineer is not available, the owner shall employ in his or her
place a competent person or agency whose qualifications are reviewed by the building official.
(c) Plans. When the building official issues a permit, he or she shall enforce, in writing or by stamp,
both sets of plans "reviewed for code compliance."
(1) One set of drawings so reviewed shall be retained by the building official and the other set
shall be returned to the applicant.
(2) The permitted drawings shall be kept at the site of work and shall be open to inspection by
the building official or his or her authorized representative.
(Ord. No. 06-11-58, § 1(ch. 9, art. 2, § 7(f)), 11-21-2006; Ord. No. 07-02-09, § 1(ch. 9, art. 2, § 7(f)),
2-15-2007)
ORDINANCE NO._______
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 10, BUILDINGS AND BUILDING REGULATIONS,
CONDITIONS OF THE PERMIT, OF THE CITY OF MILTON CODE OF ORDINANCES AS IT
PERTAINS TO ISSUANCE AND EXPIRATION OF ALL BUILDING PERMITS; PROVIDE AN
EFFECTIVE DATE; AND FOR OTHERLAWFUL PURPOSES
THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in a Regular called
Council meeting on the 16th day of July, 2012 at 6 p.m. as follows:
WHEREAS, Chapter 10 of the City of Milton Code of Ordinances regulates Buildings, within the City of
Milton; and
WHEREAS, Chapter 10, Article II, Division 2, Subdivision III, Section 10-91 of the City of Milton Code of
Ordinances regulates conditions of the permits, specifically addressing the issuance and expiration of permits
in the City of Milton; and
WHEREAS, the City Building Official has determined that to ensure the health, safety, and public welfare of
the citizens of the City of Milton be maintained, a utilization period for all building and building trade permits
issued for projects be within City limits be amended; and
WHEREAS, adoption of this text amendment will provide a vehicle for the Building Official and or Code
Enforcement to address projects that have been abandoned or work suspended for extended periods of time.
SECTION 1, Attached hereto and made a part herein;
SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are
hereby repealed.
SECTION 3. This Ordinance shall become effective upon adoption by the Mayor and City Council
and the signature of approval of the Mayor.
ORDAINED this the 16th day of July, 2012.
_________________________________
Mayor Joe Lockwood
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Director
Date: July 2, 2012 Council Meeting
Agenda Item: Approval of an Ordinance to Amend Chapter 4, Alcoholic Beverages, to
Authorize the Sale of “Growlers”; to Provide for an Effective Date; and to Repeal
Conflicting Ordinances
Background:
The Georgia Department of Revenue recently revised its interpretation of state laws governing
the sale or distribution of alcoholic beverages to include the growlers as legal packaging.
Growlers are containers no larger than 64 oz. that are filled with beer from a keg. The
containers are sanitized, filled and sealed by the licensee. This allows consumers access to
specialty beers that are only distributed via kegs.
Discussion:
The Department of Revenue revised its interpretation, but didn’t actually make any changes to
the laws. As a result, our ordinance, as it is currently written, will allow for the sale of growlers;
however, it has been advised by our attorney that we should include language specifically
authorizing the sale of growlers so as to avoid any possible confusion and misinterpretation.
A retail package dealer licensed to sell wine and/or malt beverage will automatically be
permitted to sell growlers, if they so choose. Dealers that are licensed to sell distilled spirits are
prohibited from selling growlers.
This ordinance appeared under first presentation for the June 18, 2012 Council Meeting.
Attachments:
The ordinance amending Chapter 4 to authorize the sale of growlers.
Concurrent Review:
Ken Jarrard, Attorney
Chris Lagerbloom, City Manager
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 4, ALCOHOLIC BEVERAGES, TO
AUTHORIZE THE SALE OF “GROWLERS”; TO PROVIDE FOR AN EFFECTIVE DATE;
AND TO REPEAL CONFLICTING ORDINANCES.
WHEREAS, Chapter 4 of the Code of Ordinances of the City of Milton, Georgia contains provisions
applicable to the retail packages sales of malt beverages, beer and wine; and
WHEREAS, the Georgia Department of Revenue has historically interpreted its regulations so as to
prohibit the use of Growlers for purchases of malt beverages; and
WHEREAS, the Georgia Department of Revenue recently revised its interpretation of its own
regulations and now has determined that Growlers can be utilized for the purchase of malt beverages
at retail package locations which do not sell distilled spirits by the package; and
WHEREAS, the Mayor and Council have determined that it is proper in light of this change of state
regulatory interpretation to amend Chapter 4 to allow the sale of Growlers (as hereinafter defined);
BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia while in a regular
called council meeting on the 2nd of July, 2012 at 6:00 p.m. as follows:
SECTION 1. Section 4-1 – Definitions, is hereby amended by deleting the definition of
Retail Package Dealer and replacing it with the following definition:
Retail package dealer means any person who sells unbroken packages or growlers, at
retail, only to consumers and not for resell.
SECTION 2. Section 4-1 – Definitions, is hereby amended by the insertion of the following
defined term therein:
Growler means a glass or ceramic container not to exceed 64 ounces that is filled by
a licensee or employee of a licensee with beer from a keg and securely sealed for off-
premises consumption.
SECTION 3. Article IV – Retail Package Sales, Division 2 – Malt Beverages and Wine, is
hereby amended by the insertion of the following language as a new Section 4-192 –
Growlers:
(a) The sale of Growlers is authorized in establishments authorized to sell beer, malt
beverages, and wine by the package, but shall not occur in establishments that
also sell distilled spirits by the package.
(b) The filling of Growlers by means of a tapped keg shall not constitute the
breaking of a package as contemplated by O.C.G.A. § 3-3-26 or this Ordinance.
(c) Growlers may only be filled from kegs procured by the licensee from a duly
licensed wholesaler.
(d) Only professionally sanitized and sealed Growlers may be filled and made
available for retail sale.
(e) Each Growler must be securely sealed and removed from the premises in its
original sealed condition.
(f) Consumption on the premises is strictly prohibited; however, samples of beers
available for sale in a Growler may be made available, but shall not exceed one
ounce (1 oz.) nor shall any one individual be offered more than three samples
within a calendar day.
SECTION 4. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 5. This Ordinance shall become effective upon its adoption.
ORDAINED this the 2nd day of July, 2012.
____________________________________
Joe Lockwood, Mayor
Attest:
______________________________
Sudie AM Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Kathy Field, Community Development Director
Date: June 20, 2012 for submission onto the July 2, 2012 City Council
Meeting
Agenda Item: Approval of a Resolution to Establish and Adopt the Milton Sustainable Practices
Program.
CMO (City Manager’s Office) Recommendation:
To approve a Resolution to establish and adopt the Milton Sustainable Practices Program.
Background:
The City of Milton is pursuing certification through Atlanta Regional Commission’s (ARC) Green
Communities Certification Program. As a component of this certification program, applicants are
asked to adopt a set of policies that relate to and strive toward environmental sustainability and
that add credibility to the measures listed in the Green Communities Certification Application,
submitted May 25, 2012. The Milton Sustainability Practices Program is a list of policies and
practices relating to environmental sustainability that Milton is committed to. The draft of the
resolution was first discussed at the council work session on June 11, 2012 and council was
encouraged to ask questions or to make any comments or changes prior to the July 2 meeting.
Discussion:
The resolution establishes and adopts the Milton Sustainability Practices Program. As Milton
strives towards environmental sustainability, new policies and practices can be added to the
program and readopted as amended.
Concurrent Review:
Chris Lagerbloom, City Manager
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STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION OF THE CITY OF MILTON, GEORGIA
ESTABLISHING THE SUSTAINABLE PRACTICES PROGRAM; TO
ESTABLISH POLICIES AND INITIATIVES IN SUPPORT OF THE PROGRAM;
TO IDENTIFY MILTON AS A SUSTAINABLE COMMUNITY PURSUANT TO
THE CRITERIA ADOPTED BY THE ATLANTA REGIONAL COMMISSION;
TO AUTHORIZE THE AMENDMENT OF THE PROGRAM WHEN NEEDED;
AND FOR OTHER PURPOSES.
WHEREAS, sustainability is defined as using, developing, and protecting
resources at a rate that enables people to meet their current needs while providing for the
needs of future generations; and
WHEREAS, the City of Milton values the harmonious balance between
the natural environment of Milton and the commercial and developed areas as evidenced
in Milton’s Comprehensive Land Use Plan; and
WHEREAS, the City of Milton values the preservation of its pastoral
landscape, additional creation and acquisition of park and open space; and
WHEREAS, the City of Milton strives to become a more sustainable
community by protecting and conserving natural resources that will enhance the City’s
objective of establishing the highest quality of life for its citizens as well as
demonstrating the City’s environmental and financial stewardship to our residents; and
WHEREAS, the City of Milton considers the health and well-being of
our community and employees of utmost importance, and many of our sustainable
practices will positively affect our community; and
WHEREAS, the City of Milton believes that certification in the ARC’s
Green Communities Program will quantitatively measure the extent to which
environmental based initiatives are being utilized in the city, and will foster civic pride
and create a positive image of a place to live and conduct business; and
WHEREAS, the City of Milton seeks to consolidate and organize all of its
environmentally focused efforts into a single, comprehensive document; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of
the City of Milton, do hereby adopt as follows:
That the document entitled Milton Sustainable Practices Program attached as
Exhibit ‘A” shall include Milton’s environmentally focused policies, procedures
and initiatives and shall be effective upon adoption.
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RESOLVED this 2nd day of July, 2012.
Approved:
___________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, City Clerk
(Seal)
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Exhibit A
1. Green Building
a. LEED Policy. It is the policy of the City of Milton to commit to achieving
the highest sustainable building practices possible, in both new
construction and reconstruction projects within the confines of the city
budget. This level of commitment in our design and building practices
will be pursued at all levels by staff and council. This does not constitute
a commitment to seek LEED, Earthcraft or any other green building
certification, but rather a commitment to explore the options available to
our city to perform construction projects in the most environmentally
sustainable manner possible.
2. Energy Efficiency
a. Energy Star Partner: The City of Milton has committed to be an Energy
Star Partner which involves energy performance supported by the
resources and tools offered through Energy Star.
b. LED Traffic Lights. The City of Milton is committed to utilizing only
LED Lamps in traffic lights upon replacement.
c. Power down/ Lights Out. It is the policy of the City of Milton to turn non-
emergency lights out and power down electronic equipment at the end of
each work day. Therefore, all employees and building maintenance staff
shall be required to turn off lights and all other non-essential electronic
equipment when space within any city building is expected to be out for
use for four or more hours
d. Community Energy Codes. The City of Milton commits to an active
inspection program to enforce compliance of the GA State Energy Codes
for Buildings. Inspections will include a checklist for energy compliance.
e. Community Outdoor Lighting Efficiency. It is the City’s intent to permit
reasonable uses of outdoor lighting for nighttime safety, productivity,
enjoyment and commerce while limiting the use of excess lighting which
unnecessarily wastes energy and degrades the nighttime visual
environment. Details are provided in Milton’s Night Sky Ordinance.
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3. Water Use Reduction and Efficiency
a. Rainwater Collection. The city will use captured rainwater to irrigate at a
minimum, landscape plantings at government facilities.
b. Community Water Supply/Conservation Management Plan. The City of
Milton commits to continuing compliance in conjunction with Fulton
County, with the Metro Water District Water Supply and Water
Conservation Management Plan.
c. Community Wastewater Management Plan. The City of Milton commits
to continuing compliance in conjunction with Fulton County, with the
Metro Water District Wastewater Management Plan.
d. Community Stormwater Management Plan. The City of Milton commits
to continuing compliance with the Metro Water District Stormwater
Management Plan as determined by the Georgia EPD.
4. Trees and Greenspace
a. Greenspace Benchmarks. The City of Milton supports growing the public
and private greenspace areas which can be accomplished in part by the
implementation of transfer of development rights. In addition, our goal of
preserving the rural landscape includes preserving the pastoral and
forested views as one travels through Milton with “rural viewshed”
roadway buffers.
b. Greenspace plan providing connectivity. The City of Milton is
committed to the expansion of its trails plan: a network of trails
connecting people, neighborhoods and parks that are the building blocks
towards a green infrastructure system.
c. Community Tree City USA. The City of Milton is committed to
maintaining the requirements necessary to achieving the annual Tree USA
certification, in an effort to encourage a high level of tree conservation and
planting in the City.
d. Adopt a Community Forest Master Plan. The City is committed to
completing a community forest master plan that follows the Tree
Inventory, Assessment and Management Plan with funding from the
Georgia Forestry Commission by Oct. 2012.
e. Community Gardens. The City will commit space and support
community gardens in our land use planning.
f. Community Farmers Market. The City of Milton is committed to
continuing to support the efforts of local residents to run and manage a
Farmers Market in Milton.
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5. Transportation and Air Quality
a. Commute Options. The City of Milton is committed to encouraging
commute options including ride sharing, telecommuting and compressed
work week options where appropriate with our employees.
b. No idle Policy. The City will adopt a policy that states when using City
vehicles, employees should strive to conserve fuel and reduce emissions
by avoiding unnecessary idling. Vehicles should be turned off when
parked and should not be restarted until loading or unloading is complete
and the vehicle is ready to depart. Public safety vehicles with electronic
equipment requiring other idling procedures are exempt.
c. Complete Streets Policy. The City of Milton is committed to having a
comprehensive complete streets policy with a manual to be adopted by
Oct. 2012.
d. Community Traffic Signal Synchronization. The City of Milton’s policy
is to work on the synchronization of traffic signals as a way to keep traffic
moving without idling.
e. Community Safe Routes to School Program. The City of Milton is
committed to the Safe Routes to School Program and to continuing to
partner with the schools to encourage safe routes for walking and biking to
schools.
f. Community Bicycle and Pedestrian Plan. The City of Milton is
committed to developing a plan as part of our CTP, to meet the bicycle
and pedestrian transportation needs of the community.
g. Community Shared/Reduced Parking. The City of Milton is committed
to encouraging shared parking and reducing parking requirements where
possible.
h. Environmental Preferable Purchasing. The City’s policy is to encourage
the procurement of sustainable and environmentally preferred products
and services in the City’s purchasing policies.
i. Traditional Recycling Program. The City of Milton is committed to
continuing to maintain and expand the City’s traditional recycling
program at all City owned properties. Traditional recycling materials
include paper, plastic, aluminum, glass and cardboard.
j. Non-traditional Recycling Program. The City of Milton will have a
policy of providing a recycling collection center for non traditional
materials such as cell phones, printer cartridges, batteries and other as
needed for use by City staff and residents.
k. Recycled Paper Purchasing. The City of Milton’s policy is to purchase
paper that is at least 30% post-consumer recycled content.
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l. Community Residential Curbside Recycling. The City of Milton’s policy
is to promote curbside recycling to all residents through the enforcement
of our solid waste ordinance and contracts with our haulers.
m. Community Commercial Recycling Facilities. The City of Milton’s
policy is to support and promote commercial recycling in the City and will
aspire to facilitate commercial recycling in our building codes.
n. Community Nontraditional Recycling Facilities. While the City of
Milton does not own their own recycling center, the City of Milton
supports and funds non traditional recycling opportunities such as bulky
trash and recycling events for residents to properly dispose of materials
not suitable for curbside collection.
6. Land Use
a. Locate Facility at a Greyfield or Brownfield Site. The City of Milton’s
policy is to when appropriate, locate a City owned facility or acquire a
greyfield or brownfield site with the objective of revitalizing the property
and/or land and mitigating any environmental contamination.
b. Community Smart Growth Incentives. The City of Milton has completed
and adopted its first LCI and encourages smart growth incentives in our
planning process.
c. Revitalization Incentives/ Strategies. The City of Milton will continue to
identify and analyze potential areas for development and further explore
options such as Transfer of Development Rights (TDR), form based code
zoning and other innovative development strategies.
7. Education
a. Employee Education. The City of Milton is committed to an ongoing
employee education program about the City’s environmental initiatives
and policies.
b. Community Education. The City of Milton is committed to an ongoing
program to promote the City’s environmental initiatives and policies to the
community.
8. Innovation
a. MGG/Keep Milton Beautiful. The City is committed to the continuation
of resources to support the City’s environmental group to facilitate the
City’s environmental mission and sustainability efforts.