HomeMy WebLinkAbout10-01-2012-PacketPage 1 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Matt Kunz
Bill Lusk
Burt Hewitt
Joe Longoria
Lance Large
Monday, October 1, 2012 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Pastor Jason Howard, Director of Adult Ministries with StoneCreek Church,
Milton, Georgia
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. 12-249)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the September 5, 2012 Regular Council Meeting Minutes.
(Agenda Item No. 12-250)
(Sudie Gordon, City Clerk)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 1, 2012
Page 2 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
2. Approval of the September 10, 2012 Work Session Meeting Minutes.
(Agenda Item No. 12-251)
(Sudie Gordon, City Clerk)
3. Approval of Financial Statements for the Period Ending August, 2012.
(Agenda Item No. 12-252)
(Stacey Inglis, Finance Director)
4. Approval of the Acquisition of 160.67 SF of Permanent Construction and Maintenance
Easement and 219.27 SF of Temporary Construction Easement at 135 Providence Oaks
Point from Jo Lynn and Terrance McCrossan for a Total Combined Purchase Price of
$1,800.
(Agenda Item No. 12-253)
(Carter Lucas, Public Works Director)
5. Approval of a Change Order to the Construction Services Agreement for Crabapple Park
between the City of Milton and Ed Castro Landscape, Inc.
(Agenda Item No. 12-254)
(Jim Cregge. Interim Parks & Recreation Director)
6) REPORTS AND PRESENTATIONS
1. Presentation of $3,317 Grant to Milton Police for Student Equipment Needed to Hold
RAD (Rape Aggression Defense) Classes for Women.
(Presented by Jan Fowler, President of Milton Public Safety Fund)
2. Proclamation Honoring Milton High School Boys’ Lacrosse Team Day.
(Presented by Mayor Joe Lockwood)
7) FIRST PRESENTATION
1. RZ12-10 – To Create a Definition for “Exotic Animals” and/or Other Related Definitions
within Section 64-1.
(Agenda Item No. 12-255)
(Kathleen Field, Community Development Director)
2. RZ12-09 – To Amend Article VI, Division 2 – AG-1 (Agricultural District) as it Relates
to Allowing Exotic Animals within the AG-1 (Agricultural District).
(Agenda Item No. 12-256)
(Kathleen Field, Community Development Director)
3. RZ12-13 – To Create a New Use Permit for Exotic Animals and/or Related Uses within
Article IX, Administrative Permits and Use Permits, Division 5, Miscellaneous Uses.
(Agenda Item No. 12-257)
(Kathleen Field, Community Development Director)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 1, 2012
Page 3 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
4. RZ12-14 – To Amend Article IX, Administrative Permits and Use Permits, Division 3
Administrative Permits, Subdivision II, Minimum Standards, Sec. 64-1609, Swimming
Pool, Private.
(Agenda Item No. 12-258)
(Kathleen Field, Community Development Director)
8) PUBLIC HEARING
1. Consideration of an Ordinance to Amend Chapter 12, Article II, of the Code of the City
of Milton, Georgia to Require Pain Management Clinics to Obtain a Pain Management
Clinic Occupation Tax Certificate and Other Regulations.
(Agenda Item No. 12-246)
(Discussed at September 10, 2012 Work Session)
(First Presentation at September 17, 2012 Regular Council Meeting)
(Ken Jarrard, City Attorney)
9) ZONING AGENDA (None)
10) UNFINISHED BUSINESS
1. Consideration of an Ordinance to Amend Chapter 12, Article II, of the Code of the City
of Milton, Georgia to Require Pain Management Clinics to Obtain a Pain Management
Clinic Occupation Tax Certificate and Other Regulations.
(Agenda Item No. 12-246)
(Discussed at September 10, 2012 Work Session)
(First Presentation at September 17, 2012 Regular Council Meeting)
(Public Hearing Held at October 1, 2012 Regular Council Meeting)
(Ken Jarrard, City Attorney)
11) NEW BUSINESS
1. Consideration 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. 12-259)
(Discussed at June 11, 2012 Work Session)
(Cindy Eade, Sustainability Coordinator & Michele McIntosh-Ross, City Planner)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 1, 2012
Page 4 of 4
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 12-260)
The minutes will be
Provided
electronically
City of Milton
13000 Deerfield Parkway Suite 107G Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Director
Date: October 1, 2012 City Council Meeting
Agenda Item: Financial Statements for Period 11 –August 2012
OVERVIEW and FINANCIAL HIGHLIGHTS:
General Fund
Revenue collections for the General Fund are 4.9% higher than anticipated for the eleventh
period of the fiscal year.
Total expenditures to‐date are $16,813,304 and are 4.1% less than expected for this period of
the fiscal year.
Capital Project Fund
Expenditures within this fund continue to occur on a project‐by‐project basis. With a total
project expenditure budget of $10,577,056, capital expenditures‐to‐date total $2,457,621.
FINANCIAL OPERATIONS:
Tree Replacement Fund: Balance: $15,505
Sidewalk Replacement Fund: Balance: $80,308
1
City of Milton
STATEMENT OF REVENUES & EXPENDITURES
General Fund
For the Period Ending August 2012
Actual Budgeted
Variance
over/(under)Actual Budgeted
Variance
over/(under)
Property Tax 7,834,327 18,310 - 18,310 405,956 384,327 21,629
Motor Vehicle Tax 550,000 50,102 45,833 4,268 473,866 458,333 15,532
Intangible Tax 180,000 19,689 15,000 4,689 188,868 150,000 38,868
Real Estate Transfer Tax 37,000 5,469 3,083 2,386 37,834 30,833 7,001
Franchise Fees 1,700,000 - - - 1,341,061 1,360,000 (18,939)
Local Option Sales Tax 3,825,000 326,258 318,750 7,508 3,316,480 3,187,500 128,980
Alcohol Beverage Excise Tax 275,000 23,493 22,917 577 243,722 229,167 14,555
Business & Occupation Tax 540,000 16,687 - 16,687 607,911 540,000 67,911
Insurance Premium Tax 1,500,000 - - - - - -
Financial Institution Tax 32,795 - - - 32,795 32,795 -
Penalties & Interest 36,105 3,710 263 3,448 51,221 35,142 16,078
Alcohol Beverage Licenses 140,000 1,301 1,300 1 135,851 135,800 51
Other Non-Business Permits/Licenses 11,700 1,082 975 107 10,759 10,725 34
Zoning & Land Disturbance Permits 26,350 1,885 2,196 (311) 31,675 24,154 7,520
Building Permits 225,000 46,966 18,750 28,216 280,382 206,250 74,132
Other Charges for Service 432,190 28,476 30,114 (1,638) 403,753 369,508 34,245
Municipal Court Fines 451,000 - 37,583 (37,583) 418,319 413,417 4,902
Interest Earnings 15,000 770 1,250 (480) 15,212 13,750 1,462
Contributions & Donations 5,875 - 490 (490) 5,875 5,385 490
Other Revenue 96,146 4,290 4,012 278 52,958 88,134 (35,176)
Other Financing Sources 34,000 2,365 2,369 (4) 12,296 12,300 (4)
Total Revenues 17,947,488 550,853 504,885 45,968 8,066,793 7,687,520 379,273
Actual Budgeted
Variance
over/(under)Actual Budgeted
Variance
over/(under)
Mayor and Council 193,051 9,722 12,682 (2,961) 157,036 168,970 (11,933)
Clerk of the Council 227,406 12,116 10,596 1,520 187,010 200,063 (13,053)
City Manager 294,937 19,333 11,155 8,178 258,527 260,307 (1,780)
General Administration 39,110 777 3,200 (2,423) 33,412 35,910 (2,498)
Finance 495,873 15,892 19,827 (3,936) 401,320 431,943 (30,623)
Legal 260,000 18,872 21,667 (2,794) 179,166 195,000 (15,834)
Information Technology 535,557 31,793 37,764 (5,972) 480,690 490,530 (9,840)
Human Resources 250,165 9,844 11,597 (1,753) 201,015 211,718 (10,703)
Ri k M t 191 500 2 486 (2 486)181 587 189 014 (7 428)
Revenues Annual Budget
Current Month Year-to-Date
Operating Expenditures Annual Budget
Current Month Year-to-Date
Risk Management 191,500 - 2,486 (2,486) 181,587 189,014 (7,428)
General Government Buildings 525,439 85,336 1,458 83,878 520,820 523,981 (3,160)
Public Information & Marketing 90,910 4,029 4,726 (697) 75,698 78,919 (3,221)
Municipal Court 237,454 9,460 10,486 (1,027) 190,950 206,823 (15,873)
Police 2,880,211 102,227 149,354 (47,127) 2,386,567 2,547,239 (160,672)
Fire 4,289,443 148,340 222,289 (73,949) 3,605,082 3,798,306 (193,224)
EMS Operations 140,988 11,021 11,749 (728) 121,229 129,239 (8,010)
Public Works 1,574,116 134,643 125,726 8,917 1,261,337 1,398,901 (137,564)
Parks & Recreation 384,035 23,511 22,903 609 284,494 344,006 (59,512)
Community Development 820,629 30,743 34,836 (4,092) 689,503 718,604 (29,101)
Debt Service - Capital Lease Payment 807,311 - - - 807,310 807,310 -
Operating Transfers to Other Funds 5,418,181 587,325 587,325 - 4,790,549 4,790,549 -
Operating Reserve 100,000 - - - - - -
Total expenditures 19,756,316 1,254,984 1,301,826 (46,842) 16,813,304 17,527,333 (714,029)
Net Income/(Loss)(1,808,828) (704,131)(8,746,511)
Fund Balance - Beginning 9,295,628
Fund Balance - Ending 549,117
2
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Milton Roundup Vendor Fee 4,000$ 4,000$ -$ 1,034$ (2,966)$
Earth Day Vendor Fee 240 240 - 1,270 1,030
Interest Revenues 100 100 5 61 (40)
Milton Roundup Sponsor 12,000 12,000 - 3,000 (9,000)
Earth Day Sponsor - - - 1,750 1,750
Concert Sponsor 1,500 1,500 - - (1,500)
Donations/Better World Books - - - 81 81
T-shirt Sales 250 250 - 169 (81)
Mayor's Run Reg. Fees 5,240 5,240 - 2,229 (3,011)
Total revenues 23,330$ 23,330$ 5$ 9,594$ (13,736)$
EXPENDITURES
Current:
Special Events 86,280$ 86,280$ 2,984$ 72,548$ 13,732$
Total Expenditures 86,280$ 86,280$ 2,984$ 72,548$ 13,732$
OTHER FINANCING SOURCES (USES)
Transfers in from Hotel/Motel Tax Fund 30,000$ 30,000$ 4,815$ 34,815$ 4,815$
Total other financing sources and uses 30,000$ 30,000$ 4,815$ 34,815$ 4,815$
Net change in fund balances (32,950)$ (32,950)$ (28,140)$
Fund balances - beginning 62,563
City of Milton
Special Events Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended August 31, 2012
gg
Fund balances - ending 34,424$
3
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Cash Confiscations/State Funds -$ -$ -$ -$
Cash Confiscations/Fed Funds/US Marshal - - 16,819 16,819
Cash Confiscations/HIDTA - -
Interest Revenues/State Funds - 3 51 51
Interest Revenues/Federal Funds 2 20
Realized Gain on Investments/State Funds - - -
Budgeted Fund Balance - - - -
Total revenues -$ 5$ 16,890$ 16,870$
EXPENDITURES
Current:
Police -$ 6,493$ 16,610$ (16,610)$
Total Expenditures -$ 6,493$ 16,610$ (16,610)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$
Net change in fund balances -$ 281$
Fund balances - beginning 89,270
Fund balances - ending 89,551$
City of Milton
Confiscated Assets Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended August 31, 2012
4
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Wireless 911 Fees 700,000$ 779,486$ 33,484$ 636,805$ (142,681)$
Interest Revenue - 680 66 679 (1)
Total revenues 700,000$ 780,166$ 33,550$ 637,484$ (142,682)$
EXPENDITURES
Current:
Public Safety 681,400$ 761,566$ 1,600$ 756,774$ 4,792$
Total Expenditures 681,400$ 761,566$ 1,600$ 756,774$ 4,792$
OTHER FINANCING USES
Unallocated 18,600$ 18,600$ -$ -$ (18,600)$
Total other financing sources and uses 18,600$ 18,600$ -$ -$ (18,600)$
Net change in fund balances -$ -$ (119,290)$
Fund balances - beginning 604,821
Fund balances - ending 485,531$
City of Milton
E-911 Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended August 31, 2012
5
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
SAFER Grant 30,096$ 30,096$ -$ 16,777$ (13,319)$
Bulletproof Vest Program - 760 - 761 1
Byrne-JAG Grant - 14,618 - 14,618 -
GDCC Mini Grants - 16,031 300 8,431 (7,600)
FRESH Grant - 3,770 1,800 5,570 1,800
Interest Revenues - - - 10 10
Total revenues 30,096$ 65,275$ 2,100$ 46,168$ (19,107)$
EXPENDITURES
Current:
General Administration 3,350$ 19,381$ 590$ 15,145$ 4,236
Police - 15,378 - 34,384 (19,006)
Fire 133,760 133,760 - 91,849 41,911
Parks & Recreation - 3,770 - 3,760 10
Total Expenditures 137,110$ 172,289$ 590$ 145,138$ 27,151$
Excess of revenues over expenditures (107,014) (107,014) 1,510 (98,970) 8,044
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 103,664$ 103,664$ -$ 63,357$ (40,307)$
Total other financing sources and uses 103,664$ 103,664$ -$ 63,357$ (40,307)$
Net change in fund balances (3,350) (3,350) (35,613)
City of Milton
Operating Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended August 31, 2012
Fund balances - beginning 10,671
Fund balances - ending (24,942)$
6
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Taxes
Hotel/Motel Taxes 40,000$ 4,884$ 44,815$ 4,815$
Total revenues 40,000$ 4,884$ 44,815$ 4,815$
OTHER FINANCING SOURCES/(USES)
Transfers out to General Fund 10,000$ 69$ 10,000$ -$
Transfers out to Special Events Fund 30,000 4,815 34,815 4,815
Total other financing sources and uses 40,000$ 4,884$ 44,815$ 4,815$
Net change in fund balances - -
Fund balances - beginning -
Fund balances - ending -$
City of Milton
Hotel/Motel Tax Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended August 31, 2012
7
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Charges for Service
Infrastructure Maintenance Fee 65,000$ 65,000$ 3,567$ 44,935$ (20,065)$
Sidewalk Replacement Account - - - - -
Crabapple Paving Fee - 8,400 1,050 10,500 2,100
Tree Recompense - 3,500 - 3,500 -
Landfill Host Fees 100,000 80,000 - 62,154 (17,846)
HYA Fees 16,500 16,500 - 7,363 (9,138)
Interest Revenue 2,000 2,000 586 7,051 5,051
Realized Gain or Loss on Investments 2,000 2,000 - - (2,000)
Insurance Proceeds/Public Works - - - - -
Atlanta HIDTA Stipend - 3,000 - 1,500 (1,500)
Capital Lease Proceeds 144,000 - - - -
Total revenues 329,500 180,400$ 5,203$ 137,003$ (43,397)$
EXPENDITURES
Capital Outlay
City Council 225,000$ 237,706$ -$ 95,483$ 142,223$
IT 49,317 49,317 5,727 43,640 5,677
Police 343,057 346,057 49,997 278,298 67,759
Fire 548,214 550,246 - 94,626 455,620
Public Works 6,403,095 6,411,495 4,997 1,188,955 5,222,540
Parks & Recreation 1,772,730 2,806,730 14,200 699,754 2,106,976
Community Development 292,005 175,505 - 56,864 118,641
City of Milton
Capital Project Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended August 31, 2012
Total Capital Outlay 9,633,418$ 10,577,056$ 74,921$ 2,457,621$ 8,119,435$
Excess of revenues over expenditures (9,303,918) (10,396,656) (69,718) (2,320,618) (8,162,832)
OTHER FINANCING SOURCES/(USES)
Transfers in from General Fund 3,505,688$ 4,587,389$ 508,480$ 4,078,909$ (508,480)$
Unallocated (106,441) - - - -
Total other financing sources and uses 3,399,247 4,587,389 508,480 4,078,909 (508,480)
Net change in fund balances (5,904,671) (5,809,267) 1,758,291
Fund balances - beginning 5,809,267
Fund balances - ending 7,567,558$
8
Original
Budgeted
Amounts
Amended
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
GDOT HPP Funds 3,195,498$ 3,195,498$ -$ 135,418$ (3,060,080)$
LCI Funds 100,000 200,000 - 73,200 (126,800)
GA Urban Forestry Grant 20,000 20,000 - - (20,000)
MARTA Grant 321,326 321,326 35,174 125,174 (196,152)
Interest Revenues - 1,500 206 1,760 260
Total revenues 3,636,824$ 3,738,324$ 35,380$ 335,552$ (3,402,772)$
EXPENDITURES
Capital Outlay
Public Works 5,163,448$ 5,163,448$ 4,700$ 320,436$ 4,843,012$
Community Development 139,000 259,000 5,000 139,000 120,000
Total Capital Outlay 5,302,448$ 5,422,448$ 9,700$ 459,436$ 4,963,012$
Excess of revenues over expenditures (1,665,624) (1,684,124) 25,680 (123,884) 1,560,240
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 570,696$ 727,128$ 78,844$ 648,284$ (78,844)$
Total other financing sources and uses 570,696$ 727,128$ 78,844$ 648,284$ (78,844)$
Net change in fund balances (1,094,928) (956,996) 524,400
Fund balances - beginning 956,996
Fund balances - ending 1,481,396$
City of Milton
Capital Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended August 31, 2012
9
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE – Public Works Director
Date: September 20, 2012
Council
Date: October 1, 2012
Agenda Item: Approval of the Acquisition of 160.67 SF of Permanent Construction and
Maintenance Easement and 219.27 SF of Temporary Construction Easement at
135 Providence Oaks Point from Jo Lynn and Terrance McCrossan for a Total
Combined Purchase Price of $1,800.
Discussion:
To provide for intersection improvements the acquisition of 160.67 SF of permanent
construction and maintenance easement and 219.27 SF of temporary construction easement is
required. The combined purchase price is $1,800.
Staff is recommending approval of the acquisition of right of way and easements in the amount
of $1,800.
Legal Review:
N/A
Financial:
Funding for this acquisition is available in the SR372/Birmingham Hwy at Providence Rd
Intersection Improvement capital grant fund account and 80% of purchase price is reimbursable.
Attachments:
Purchase Agreement
AGRUZENIFNT TO PURCHASE REAL ESTATE
GA DO7 Project # _HPP00-0005-00(448)
P. I. Number_00005448 Parcel # _11_
Tax Parcel ID # 22 3570-0847-075-3
"REVISED" 9-17-12
GEORGIA, FULTON COUNTY
For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned
grants to City of Milton/Georgia Department of Transportation an option to acquire the following described real
estate:
Right of Way and/or Easement rights through chat tract or parcel of land located in Land Lot 847 and 848 of
the ,-2nd_ District, __--2nd^ Section of _,Fulton County, Georgia, and being more particularly
described on Exhibit "A" attached hereto and made a part hereof by reference.
For the sum of 1 800.00 the ltndersigned agrees to execute and deliver to City of Milton/Georgia Department of
Transportation fee simple title and easements to the lands owned by the undersigned as reflected on the attached
Exhibit "A".
1} This option shalt extend for 90 days from this date.
2) The consideration
recited is full payment for the rights conveyed.
_NIA_ Acres of Right of Way
Linear Feat of limited Access
160.87
14f 3 . 8 _Square Feet of Construction and Maintenance Easement (Permanent)
—�f ` 219.27 Square Feet of Construction Easement (Temporary)
3) All Temporary Easements will terminate upon completion of the foregoing GA DOT Project set forth
above by the City of Milton! Department of Transportation or three (3) years from the date that
construction activities begin on subject project, whichever Is earlier.
4) The undersigned shall obtain all quit claim deeds or releases from any tenant now In possession and any
other parties having a claim or interest in the property described above.
5) Special Provisions, if any, are listed on Exhibit "6", which is attached hereto and incorporated herein by
reference. \ q
Witness my hand and seal this 1 ` day of LD 1 —
Signed, Sealed and Delivered
in the presence ffil$ It#
�� K1E A'1C q
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The
following
conditions
are imposed
upon the grant of this option:
1} This option shalt extend for 90 days from this date.
2) The consideration
recited is full payment for the rights conveyed.
_NIA_ Acres of Right of Way
Linear Feat of limited Access
160.87
14f 3 . 8 _Square Feet of Construction and Maintenance Easement (Permanent)
—�f ` 219.27 Square Feet of Construction Easement (Temporary)
3) All Temporary Easements will terminate upon completion of the foregoing GA DOT Project set forth
above by the City of Milton! Department of Transportation or three (3) years from the date that
construction activities begin on subject project, whichever Is earlier.
4) The undersigned shall obtain all quit claim deeds or releases from any tenant now In possession and any
other parties having a claim or interest in the property described above.
5) Special Provisions, if any, are listed on Exhibit "6", which is attached hereto and incorporated herein by
reference. \ q
Witness my hand and seal this 1 ` day of LD 1 —
Signed, Sealed and Delivered
in the presence ffil$ It#
�� K1E A'1C q
,��� �G .•issi ✓GGM� ` t., �r�tll7y✓ (Seal)
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City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Jim Cregge – Interim Parks and Recreation Director
Date: September 21, 2012
Council
Meeting Date: October 1, 2012
Agenda Item: Approval of a Change Order to the Construction Services Agreement for
Crabapple Park between the City of Milton and Ed Castro Landscape, Inc.
Discussion:
The initial design of the connection between the new park and Crabapple Crossing Elementary
School did not properly connect the school to the park and maintain the compliance with ADA
regulations. The access has been redesigned and results in an increase of $14,000 to the
construction costs.
Staff is recommending approval of the change order to the construction agreement with Ed
Castro Landscape, Inc.
Legal Review:
Jarrard & Davis, LLP – Paul Higbee 9/21/2012
Financial:
Funding for this project is available in the capital Sites/Park Land Acquisition fund.
Attachments:
1. Change Order
1
ADDENDUM #1 FOR CONSTRUCTION SERVICES AGREEMENT
FY12 Construction of a Park at 12785 Birmingham Highway
WHEREAS, the City of Milton, Georgia and Ed Castro Landscape, Inc. have entered into a Construction
Services Agreement (the “Agreement”) dated March 19th, 2012, incorporated herein by reference, for
construction of a new park at 12785 Birmingham Highway; and
WHEREAS, the parties desire to issue an addendum pursuant to Section 6 of the Agreement, it being to
the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth
herein.
NOW THEREFORE, the parties hereto agree to amend the Agreement as follows:
1. Exhibit B to the Agreement is amended by adding the following additional items to the scope of
services:
a. Add Concrete Ramp, 580 Sq. Ft.;
b. Add ADA Insert; 10 Sq. Ft.,
c. Add Dumpster,
d. Add Grading and Backfill;
e. Add Metal Plate for connection of ramp to gutter for gutter drainage;
f. Add for Equipment mobilization;
g. Add for Concrete Conveyance from Parking Lot,
h. Deduct for Concrete not poured,
i. Deduct for Labor for Place and Finish of Concrete
j. Add for Seeding and Strawing,
k. Add for Additional Fencing along CCES side of park.
l. Deduct for Gates at CCES side of park.
m. Add for Gate on Highway 372 side of park.
2. Section 5.0 Compensation and Method of Payment; Compensation of the Agreement is amended
by replacing “…$160,000…” with “…$174,000…”
3. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement,
including all unamended portions, shall remain in full force and effect other than as modified
herein. Upon execution by all parties, this Change Order shall be attached to and form a part of
said Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their
duly authorized officers as of the day and year set forth next to each signature.
[SIGNATURES ON FOLLOWING PAGE]
2
Ed Castro Landscape, Inc..:
Signature: __________________________________
Printed Name: _______________________________
Title: _____________________, President
SIGNED, SEALED, AND DELIVERED
in the presence of:
_____________________________
Witness
_____________________________
Notary Public
[NOTARY SEAL]
My Commission Expires:
_____________________________
CITY OF MILTON:
___________________________________
By: _____________________________
Its: _____________________________
[CITY SEAL]
SIGNED, SEALED, AND DELIVERED
in the presence of:
_____________________________
Witness
_____________________________
Notary Public
[NOTARY SEAL]
My Commission Expires:
_____________________________
Milton High School Boys’ Lacrosse Team Day
WHEREAS, lacrosse is a sport that requires skillful hand-eye coordination, mental
awareness and physical endurance, and;
WHEREAS, the boys’ lacrosse program began in 1999 as a club sport at Milton High
School and has grown rapidly since that time, and;
WHEREAS, in 2002 the Georgia High School Association officially sanctioned
lacrosse as a high school sport and in 2005 recognized lacrosse as a full-
fledged high school sport, and;
WHEREAS, the Milton High School boys’ lacrosse team has a tradition of excellence
and accomplishment in academic and athletic competition reflecting the
highest ideals of hard work, training and sportsmanship, and;
WHEREAS, the boys’ lacrosse team has made it to the Georgia High School
Association semi-finals in their 2008, 2009 and 2010 seasons, and;
WHEREAS, the Milton High School boys’ lacrosse team won the Georgia High
School AAAAA State Championship in 2010 and 2012, and;
WHEREAS, the Milton High School boys’ lacrosse team was ranked first in the state
and ended the 2012 season with a record of 19-3, outscoring their
opponents 250 goals to 143, and;
WHEREAS, the players on the Milton High School boys’ lacrosse team are
champions not only on the field, but also in the classroom, in the
community and in life; we are proud that this great team is located in
Milton, Georgia.
Now, therefore, we, the Mayor and City Council of the City of Milton, hereby dedicate
and proclaim Monday, October 1st as “Milton High School Lacrosse Team Day” in the
City of Milton, Georgia.
Given under our hand and seal of the City of Milton, Georgia on this 1st day of
October, 2012.
(Seal)
_________________________________
Joe Lockwood, Mayor
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 1 of 2
To: Honorable Mayor and City Council Members
From: Kathleen Field, Community Development Director
Date: September 20, 2012
Agenda Items: RZ12-09 – To amend Article VI, Division 2 – AG-1 (Agricultural District)
as it relates to allowing exotic animals within the AG-1 (Agricultural
District)
RZ12-10 – To create a definition for “exotic animals” and/or other related
definitions within Section 64-1.
RZ12-13 – To Create a New Use Permit for Exotic Animals and/or
Related Uses within Article IX, Administrative Permits and Use Permits,
Division 5, Miscellaneous Uses.
CMO (City Manager’s Office) Recommendation:
The Mayor and City Council to hear and approve the attached text amendments, as listed
below.
Background:
Below is a brief description of the three proposed text amendments:
RZ12-09 – To amend Article VI, Division 2 – AG-1 (Agricultural District) as it relates to
allowing exotic animals within the AG-1 (Agricultural District)
(Deferred from the July Planning Commission Meeting)
RZ12-10 – To create a definition for “exotic animals” and/or other related definitions within
Section 64-1.
(Deferred from the July Planning Commission Meeting)
RZ12-13 – To Create a New Use Permit for Exotic Animals and/or Related Uses within
Article IX, Administrative Permits and Use Permits, Division 5, Miscellaneous Uses.
These three text amendments are related to allow exotic animals within the AG-1 (Agricultural)
district. The current ordinance does not define exotic animals nor does the Agricultural District
permit exotic animals.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 2 of 2
Discussion:
The AG-1 (Agricultural) District text amendment proposes to include allowing exotic animals
with a Use Permit in RZ12-09. Staff has also provided a definition for exotic animals as well in
RZ12-10. These two text amendments were deferred at the July Planning Commission Meeting
until the September 25, 2012 to allow the additional text amendment for a new Use Permit
(RZ12-13) to proceed concurrently with RZ12-09 and RZ12-10.
After discussions with the Planning Commission, Staff researched the requirements by the State
of Georgia Department of Natural Resources, Wildlife Resources Division. There are two types
of permits that can be applied for as it relates to exotic animals, Wild Animal License and
Wildlife Exhibition License. Within these requirements, the term “exotic animals” is not used, but
“wild animals”, thus the reason why Staff has included the term “wild animals” in the definition
and references that term within the other related zoning requirements.
Staff has also created a new Use Permit, RZ12-13 for Exotic or Wild Animals. The intent of the
new Use Permit is for those persons requesting to operate an exhibition or display of exotic or
wild animals solely for education purposes, or keeping or maintaining exotic or wild animals
pursuant to a valid, current, state-issued wildlife exhibition animal license or wild animal permit.
It is not the intent that those persons wanting to keep common non-domesticated animals such
as iguanas, bearded dragons, certain kinds of snakes, etc for their own personal enjoyment is
required to pursue a Use Permit.
The Use Permit is only permitted within the AG-1 (Agricultural) District and must comply with
various development standards as well as having the appropriate permits from state and federal
agencies. In addition, the size of the parcel must be a minimum of ten (10) acres and comply
with minimum 100 foot setbacks and 75 foot undisturbed buffers adjacent to interior property
lines. In addition, the applicant must specify the number and types of animals they are
requesting to house/exhibit on the property.
All three of these text amendments have been reviewed by the City Attorney and appropriate
edits have been made based on their recommendations. The Planning Commission will make
recommendations on September 25, 2012 on these items.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer the Text Amendments to the
Zoning Ordinance related to Exotic Animals.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney (September 2012)
RZ12-10 – Text Amendment to Section 64-1 – Definitions
Prepared for the Mayor and City Council Meeting on October 1, 2012 (First Presentation)
Page 1 of 1
Section 64-1
Exotic Animal means any animal that is not normally domesticated in the United States or is wild by
nature. Exotic animals include but are not limited to, any of the following orders and families, whether
bred in the wild or captivity, and also any of their hybrids with domestic species. The animals listed in
parentheses are intended to act as examples and are not to be construed as an exhaustive list or limit
the generality of each group of animals, unless otherwise specified:
1. Non - human primates and prosimians (monkeys, chimpanzees, baboons)
2. Felidae (lions, tigers, bobcats, lynx, cougars, leopards, jaguars, not domesticated cats)
3. Canidae (wolves, coyotes, foxes, jackals, not domesticated dogs)
4. Ursidae (all bears)
5. Reptilia (all venomous snakes, all constricting snakes)
6. Crocodilia (alligators, crocodiles)
7. Proboscidae (elephants)
8. Hyanenidae (hyenas)
9. Artiodatyla (hippotamuses, giraffes, camels, not cattle or swine or sheep or goats)
10. Procyonidae (raccoons, coatis)
11. Marsupialia (kangaroos, oppossums)
12. Perissodactylea (rhinoceroses, tapirs, not horses or donkeys or mules)
13. Edentara (anteaters, sloths, armadillos)
14. Viverridae (mongooses, civets, and genets)
Wild animal means any animal which is not wildlife and is not normally a domestic species in this state.
This term specifically includes any hybrid or cross between any combination of a wild animal, wildlife,
and a domestic animal. Offspring from all subsequent generations of such crosses or hybrids are wild
animals.
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO.
AN ORDINANCE TO AMEND SECTION 64-1 “DEFINITIONS” OF THE CITY OF MILTON
ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO CREATE
A DEFINITION FOR “EXOTIC ANIMALS” AND/OR OTHER RELATED DEFINITIONS.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on October 15, 2012 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance that creates a definition for “exotic animals” and/or other
related definitions in Section 64-1 “Definitions” of the City of Milton Zoning Ordinance is
amended, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 15th day of October, 2012.
_________________________________
Mayor Joe Lockwood
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 1 of 2
To: Honorable Mayor and City Council Members
From: Kathleen Field, Community Development Director
Date: September 20, 2012
Agenda Items: RZ12-09 – To amend Article VI, Division 2 – AG-1 (Agricultural District)
as it relates to allowing exotic animals within the AG-1 (Agricultural
District)
RZ12-10 – To create a definition for “exotic animals” and/or other related
definitions within Section 64-1.
RZ12-13 – To Create a New Use Permit for Exotic Animals and/or
Related Uses within Article IX, Administrative Permits and Use Permits,
Division 5, Miscellaneous Uses.
CMO (City Manager’s Office) Recommendation:
The Mayor and City Council to hear and approve the attached text amendments, as listed
below.
Background:
Below is a brief description of the three proposed text amendments:
RZ12-09 – To amend Article VI, Division 2 – AG-1 (Agricultural District) as it relates to
allowing exotic animals within the AG-1 (Agricultural District)
(Deferred from the July Planning Commission Meeting)
RZ12-10 – To create a definition for “exotic animals” and/or other related definitions within
Section 64-1.
(Deferred from the July Planning Commission Meeting)
RZ12-13 – To Create a New Use Permit for Exotic Animals and/or Related Uses within
Article IX, Administrative Permits and Use Permits, Division 5, Miscellaneous Uses.
These three text amendments are related to allow exotic animals within the AG-1 (Agricultural)
district. The current ordinance does not define exotic animals nor does the Agricultural District
permit exotic animals.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 2 of 2
Discussion:
The AG-1 (Agricultural) District text amendment proposes to include allowing exotic animals
with a Use Permit in RZ12-09. Staff has also provided a definition for exotic animals as well in
RZ12-10. These two text amendments were deferred at the July Planning Commission Meeting
until the September 25, 2012 to allow the additional text amendment for a new Use Permit
(RZ12-13) to proceed concurrently with RZ12-09 and RZ12-10.
After discussions with the Planning Commission, Staff researched the requirements by the State
of Georgia Department of Natural Resources, Wildlife Resources Division. There are two types
of permits that can be applied for as it relates to exotic animals, Wild Animal License and
Wildlife Exhibition License. Within these requirements, the term “exotic animals” is not used, but
“wild animals”, thus the reason why Staff has included the term “wild animals” in the definition
and references that term within the other related zoning requirements.
Staff has also created a new Use Permit, RZ12-13 for Exotic or Wild Animals. The intent of the
new Use Permit is for those persons requesting to operate an exhibition or display of exotic or
wild animals solely for education purposes, or keeping or maintaining exotic or wild animals
pursuant to a valid, current, state-issued wildlife exhibition animal license or wild animal permit.
It is not the intent that those persons wanting to keep common non-domesticated animals such
as iguanas, bearded dragons, certain kinds of snakes, etc for their own personal enjoyment is
required to pursue a Use Permit.
The Use Permit is only permitted within the AG-1 (Agricultural) District and must comply with
various development standards as well as having the appropriate permits from state and federal
agencies. In addition, the size of the parcel must be a minimum of ten (10) acres and comply
with minimum 100 foot setbacks and 75 foot undisturbed buffers adjacent to interior property
lines. In addition, the applicant must specify the number and types of animals they are
requesting to house/exhibit on the property.
All three of these text amendments have been reviewed by the City Attorney and appropriate
edits have been made based on their recommendations. The Planning Commission will make
recommendations on September 25, 2012 on these items.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer the Text Amendments to the
Zoning Ordinance related to Exotic Animals.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney (September 2012)
RZ12-09 – Text Amendment to Article VI, Division 2 – AG-1 (Agricultural) District
Prepared for the Mayor and City Council Meeting on October 1, 2012 (First Presentation)
Page 1 of 3
DIVISION 2. - AG-1 AGRICULTURAL DISTRICT [61]
Sec. 64-414. - Scope and intent.
Sec. 64-415. - Use regulations.
Sec. 64-416. - Development standards.
Sec. 64-417. - Other regulations.
Secs. 64-418—64-436. - Reserved.
Sec. 64-414. - Scope and intent.
The regulations set forth in this division are the AG -1 district regulations. Article IX should be
consulted to determine uses and minimum standards for uses allowed by administrative or use permit.
The AG-1 district is intended to encompass lands devoted to a wide range of uses, including:
(1) Individual parcels devoted to residential use;
(2) Single-family subdivisions;
(3) Agricultural; and
(4) Closely related uses.
(Ord. No. 12-03-129, § 1, 3-19-2012)
Sec. 64-415. - Use regulations.
(a) Permitted uses. A building or property may be used for only the following purposes:
(1) Single-family dwelling.
(2) Agriculture, general and specialized farming, including: horticulture, plant nursery, greenhouse,
dairy farming, livestock raising and poultry raising and certain exotic or wild animal uses as set
forth in Section 64-1838 in conjunction with the issuance of a use permit provided, however,
that buildings used for housing animals must be at least 100 feet from all property lines.
(3) Roadside stand for the sale of agricultural products produced on the property.
(4) a. For property with a single-family dwelling being the principal use, structures housing
livestock, which may be located in the front, rear, or side yards, provided that the structure
must be located at least 100 feet from all property lines and at least 150 feet from any
occupied structure located on any other prop erty.
b. 1. For property without a single-family dwelling being the principal use, and containing
five or more acres, structures housing livestock, which may be located in the front,
rear, or side yards, provided that the structure must be located at leas t 100 feet from
all property lines and at least 150 feet from any occupied structure located on any
other property.
2. For property without a single-family dwelling being the principal use, and containing
less than five acres, structures housing livestock , which may be located in the front,
rear, or side yards, provided that the structure must be located at least 100 feet from
all property lines and at least 150 feet from any occupied structure located on any
other property, and provided also that a use pe rmit must first be approved by the city
council.
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RZ12-09 – Text Amendment to Article VI, Division 2 – AG-1 (Agricultural) District
Prepared for the Mayor and City Council Meeting on October 1, 2012 (First Presentation)
Page 2 of 3
(5) a. For property with a single-family dwelling being the principal use, an uncovered riding area,
which may be located in the front, rear, or side yards.
b. 1. For property without a single-family dwelling being the principal use, and containing
five or more acres, an uncovered riding area, which may be located in the front, rear,
or side yards.
2. For property without a single-family dwelling being the principal use, and containing
less than five acres, provided that a use permit must first be approved by the city
council.
(6) For property with or without a single -family dwelling being the principal use, and containing five
or more acres, a lighted, uncovered riding area and/or an uncovered riding area with designated
seating structures for viewing which may be located in the front, rear, or side yards and must be
located at least 100 feet from all property lines, provided that a use permit must first be
approved by the city council. This use shall not be permitted for property containing less than
five acres.
(7) For property with or without a single -family dwelling being the principal use, and containing five
or more acres, a covered riding area, which may be located in the front, rear, or side yards
provided that the covered riding area and must be located at least 100 feet from all property
lines, provided that a use permit must first be approved by the city council. This use shall not be
permitted for property containing less than five acres.
(8) For property with or without a single-family dwelling being the principal use, and containing ten
or more acres, a lighted, covered riding area and/or a covered riding area with designated
seating structures for viewing, which may be located in the front, rear, or side yards, provided
that the covered riding area, lighted riding area and/or designated seating structures for viewing
riding areas must be located at least 100 feet from all property lines, and further provide that a
use permit must first be approved. This use shall not be permitted for property containing less
than ten acres.
(9) Kennel, veterinary hospital or veterinary clinic; provided bui ldings housing animals are fully
enclosed and at least 100 feet from all property lines and pens, runs, etc., which are not located
in a fully-enclosed building are at least 200 feet from all property lines.
(b) Accessory uses. A building or land may be used for uses customarily incidental to any permitted use
and a dwelling may be used for a home occupation.
(Ord. No. 12-03-129, § 1, 3-19-2012)
Sec. 64-416. - Development standards.
(a) No building shall exceed 40 feet in height.
(b) Minimum front yard shall be 60 feet.
(c) Minimum side yard shall be as follows:
(1) Adjacent to interior line: 25 feet.
(2) Adjacent to street: 40 feet.
(d) Minimum rear yard shall be 50 feet.
(e) Minimum lot area shall be as follows:
(1) One acre with frontage on paved road.
(2) Three acres with frontage on unpaved road.
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RZ12-09 – Text Amendment to Article VI, Division 2 – AG-1 (Agricultural) District
Prepared for the Mayor and City Council Meeting on October 1, 2012 (First Presentation)
Page 3 of 3
(f) Minimum lot width shall be 100 feet.
(g) Minimum lot frontage shall be 35 feet adjoining a street.
(h) Minimum heated floor area. There is no minimum heated floor area in this district.
(i) Minimum accessory structure requirements. Accessory structures may be located in rear or side
yards but shall not be located within a minimum yard.
(j) Fencing along public streets shall be as follows:
(1) Allowed fencing material shall be three or four board wooden fe ncing with wood posts.
(2) Fences shall not exceed 55 inches from finished grade.
(3) Fences shall be white, black, or dark brown in color.
(4) Opaque fences are prohibited.
(5) Fences shall be set back a minimum of three feet from a public right-of-way.
(k) Conservation subdivision. The development standards of a conservation subdivision shall be in
accordance with chapter 50, section V of the city Code (subdivision regulations). Chapter 50, section
V, conservation subdivision is currently reserved.
(Ord. No. 12-03-129, § 1, 3-19-2012)
Sec. 64-417. - Other regulations.
The following headings contain provisions applicable to the AG -1 district:
(1) Development regulations: Article XVII of this zoning ordinance.
(2) Exceptions: Article II, division 3 of this zoning ordinance.
(3) Floodplain management: Article IV of this zoning ordinance.
(4) Off-street parking and loading: Article VIII of this zoning ordinance.
(5) Outside storage: Article II, division 2 of this zoning ordinance.
(6) Landscape area and buffer regulations: Article III of this zoning ordinance.
(7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12 -5-440 et seq.
(8) Signs: Article XVI.
(Ord. No. 12-03-129, § 1, 3-19-2012)
Secs. 64-418—64-436. - Reserved.
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STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO.
AN ORDINANCE TO AMEND ARTICLE VI, DIVISION 2 – AG-1 (AGRICULTURAL) OF THE
CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF
ORDINANCES)
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on October 15, 2012 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance that relates to allowing exotic animals within the AG-1
(Agricultural) district, Article VI, Division 2 of the City of Milton Zoning Ordinance is amended,
is hereby adopted and approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 15th day of October, 2012.
_________________________________
Mayor Joe Lockwood
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 1 of 2
To: Honorable Mayor and City Council Members
From: Kathleen Field, Community Development Director
Date: September 20, 2012
Agenda Items: RZ12-09 – To amend Article VI, Division 2 – AG-1 (Agricultural District)
as it relates to allowing exotic animals within the AG-1 (Agricultural
District)
RZ12-10 – To create a definition for “exotic animals” and/or other related
definitions within Section 64-1.
RZ12-13 – To Create a New Use Permit for Exotic Animals and/or
Related Uses within Article IX, Administrative Permits and Use Permits,
Division 5, Miscellaneous Uses.
CMO (City Manager’s Office) Recommendation:
The Mayor and City Council to hear and approve the attached text amendments, as listed
below.
Background:
Below is a brief description of the three proposed text amendments:
RZ12-09 – To amend Article VI, Division 2 – AG-1 (Agricultural District) as it relates to
allowing exotic animals within the AG-1 (Agricultural District)
(Deferred from the July Planning Commission Meeting)
RZ12-10 – To create a definition for “exotic animals” and/or other related definitions within
Section 64-1.
(Deferred from the July Planning Commission Meeting)
RZ12-13 – To Create a New Use Permit for Exotic Animals and/or Related Uses within
Article IX, Administrative Permits and Use Permits, Division 5, Miscellaneous Uses.
These three text amendments are related to allow exotic animals within the AG-1 (Agricultural)
district. The current ordinance does not define exotic animals nor does the Agricultural District
permit exotic animals.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 2 of 2
Discussion:
The AG-1 (Agricultural) District text amendment proposes to include allowing exotic animals
with a Use Permit in RZ12-09. Staff has also provided a definition for exotic animals as well in
RZ12-10. These two text amendments were deferred at the July Planning Commission Meeting
until the September 25, 2012 to allow the additional text amendment for a new Use Permit
(RZ12-13) to proceed concurrently with RZ12-09 and RZ12-10.
After discussions with the Planning Commission, Staff researched the requirements by the State
of Georgia Department of Natural Resources, Wildlife Resources Division. There are two types
of permits that can be applied for as it relates to exotic animals, Wild Animal License and
Wildlife Exhibition License. Within these requirements, the term “exotic animals” is not used, but
“wild animals”, thus the reason why Staff has included the term “wild animals” in the definition
and references that term within the other related zoning requirements.
Staff has also created a new Use Permit, RZ12-13 for Exotic or Wild Animals. The intent of the
new Use Permit is for those persons requesting to operate an exhibition or display of exotic or
wild animals solely for education purposes, or keeping or maintaining exotic or wild animals
pursuant to a valid, current, state-issued wildlife exhibition animal license or wild animal permit.
It is not the intent that those persons wanting to keep common non-domesticated animals such
as iguanas, bearded dragons, certain kinds of snakes, etc for their own personal enjoyment is
required to pursue a Use Permit.
The Use Permit is only permitted within the AG-1 (Agricultural) District and must comply with
various development standards as well as having the appropriate permits from state and federal
agencies. In addition, the size of the parcel must be a minimum of ten (10) acres and comply
with minimum 100 foot setbacks and 75 foot undisturbed buffers adjacent to interior property
lines. In addition, the applicant must specify the number and types of animals they are
requesting to house/exhibit on the property.
All three of these text amendments have been reviewed by the City Attorney and appropriate
edits have been made based on their recommendations. The Planning Commission will make
recommendations on September 25, 2012 on these items.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer the Text Amendments to the
Zoning Ordinance related to Exotic Animals.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney (September 2012)
RZ12-13 - Text Amendment to Article IX, Administrative Permits and Use Permits, Division 5,
Miscellaneous Uses - To create a use permit for exotic animals prepared for the Mayor and City Council
Meeting on October 1, 2012 (First Presentation)
Page 1 of 2
Sec. 64-1838. – Exotic or Wild Animals.
Pursuant to this section, exhibition or display of exotic or wild animals solely for education
purposes, or keeping or maintaining exotic or wild animals pursuant to a valid, current,
state-issued wild animal license or wildlife exhibition permit shall be allowed only with a
use permit issued in compliance with the development standards set forth in this section
specifically and pursuant to the Zoning Ordinance generally. In the event of conflict, the
terms of this section shall prevail.
(1) Requirements
a. Required district. AG-1.
b. Obtained the appropriate license from the U.S. Department of Agriculture,
Animal and Plant Health Inspection Service (USDA/APHIS) or provide
documentation that the applicant is exempt from USDA/APHIS
requirements.
c. Obtained a U.S. Fish and Wildlife Service Permit for Special Purpose
Possession if exhibiting or dealing birds regulated by the USFWS.
b. Obtained the necessary permit(s) from the Georgia Department of Natural
Resources, Wildlife Resources Division.
(2) Standards.
a. Minimum lot size shall be ten acres.
b. Permitted curb cut access shall not be from a local street.
c. All activity areas, including parking, structures, areas where animals are housed
or graze shall be set back a minimum of 100 feet from all property lines.
f. A maximum continuous sound level of 60 dBA and a maximum peak sound level
of 75 dBA shall not be exceeded at property lines of adjacent residential districts
or AG-1 districts used for single-family dwellings.
h. Open to visitation by the general public only from 8 am to 9 pm.
i. If located adjacent to any residential district or an AG-1 district used for single-
family dwellings, the minimum buffers and landscape strips required for the
Northwest Fulton Overlay District as specified in Sec. 64-1141 of this zoning
ordinance shall be required.
j. Sanitary facilities or trash receptacles shall be located a minimum of 100 feet
RZ12-13 - Text Amendment to Article IX, Administrative Permits and Use Permits, Division 5,
Miscellaneous Uses - To create a use permit for exotic animals prepared for the Mayor and City Council
Meeting on October 1, 2012 (First Presentation)
Page 2 of 2
from a property line of any residential district and/or AG -1 district used for
single-family dwellings.
k. A minimum 6 foot high fence is required along interior property lines. If visible
from a public right-of-way it shall be a four or five board equestrian style fence
with non-climbable material.
l. Applicant shall inform the director of community development in writing of the
number and types of animals to be housed on the subject property and any
changes thereto.
m. Compliance with all requirements of Chapter 5 of the Georgia Game and Fish
Code, O.C.G.A. § 27-5-1, et seq., related to wild animals, and all rules and
regulations adopted pursuant to the authority granted pursuant to O.C.G.A. §
27-1-4.
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO.
AN ORDINANCE TO AMEND ARTICLE IX, ADMINISTRATIVE PERMITS AND USE
PERMITS, DIVISION 5, MISCELLANEOUS USES TO CREATE A NEW USE PERMIT FOR
EXOTIC ANIMALS AND/OR RELATED USES WITHIN THE MILTON ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES).
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on October 15, 2012 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance that creates a new use permit for “exotic animals” and/or
other related uses in Article IX, Administrative Permits and Use Permit, Division 5,
miscellaneous uses of the City of Milton Zoning Ordinance is amended, is hereby adopted and
approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 15th day of October, 2012.
_________________________________
Mayor Joe Lockwood
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 1 of 2
To: Honorable Mayor and City Council Members
From: Kathleen Field, Community Development Director
Date: September 19, 2012
Agenda Item: RZ12-14 – To Amend Article IX, Administrative Permits and Use Permits,
Division 3 Administrative Permits, Subdivision II, Minimum Standards,
Sec. 64-1609, Swimming Pool, Private.
CMO (City Manager’s Office) Recommendation:
The Mayor and City Council to hear and approve the attached text amendment, to Amend
Article IX, Administrative Permits and Use Permits, Division 3 Administrative Permits,
Subdivision II, Minimum Standards, Sec. 64-1609, Swimming Pool, Private amending the
existing Zoning Ordinance.
Background:
There are two main purposes to amend this section of the Zoning Ordinance; 1) to be consistent
with the building code as it relates to the minimum height of a pool fence (barrier) and other
construction details required by the International Residential Code and the International Building
Code for both private and public pools, and 2) To amend the distance setbacks for
neighborhood pools to clarify that the pool, pool equipment and decks do not need to be 100
feet from right-of-ways, but provide the applicable district setback.
Discussion:
When the City incorporated it adopted the Fulton County Zoning Resolution as the City’s own
Zoning Ordinance, the requirement was to provide a minimum five foot high fence around a
swimming pool. This requirement is inconsistent with the building code which requires a
minimum four foot high fence (barrier) surrounding the pool. This has caused a great deal of
confusion with the pool contractors and the building department in enforcing the higher five foot
fence (pool barrier) requirement.
In addition, it has been difficult to interpret this ordinance on large parcels of land where a
“perimeter” fence could be considered the pool barrier with certain modifications. Therefore,
conformance with the new language (if adopted), will require all pool owners erect a minimum
four foot pool barrier per applicable building codes around the periphery of the pool and pool
deck.
Over the past five years there have been several requests to the Board of Zoning Appeals to
reduce the distance requirement from the right-of-way. To procedurally make this easier, Staff is
proposing the proposed text amendment to utilize the district setback along the right-of-way as
the new requirement.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 2 of 2
The proposed text amendment has been reviewed by the City Attorney and appropriate edits
have been made based on their recommendations.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer Article IX, Administrative
Permits and Use Permits, Division 3 Administrative Permits, Subdivision II, Minimum Standards,
Sec. 64-1609, Swimming Pool, Private.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney (September 2012)
Page 1 of 2
RZ12-14 Text Amendment - Pools
Prepared for the Mayor and City Council Meeting on October 1, 2012 (First Presentation)
Sec. 64-1609. - Swimming pool, private.
(a) Required districts. All districts except C-1, C-2, M-1, M-1A, M-2.
(b) Standards. All swimming pools shall be completely surrounded by a barrier as required by
the 2006 International Residential Code, Section AG105 or the 2009 International Building
Code, Section 3109. The top of the barrier shall be at least 48 inches above grade measured on
the side of the barrier which faces away from the swimming pool to prevent access to the pool
by unsupervised children and animals. Pedestrian access gate(s) shall open outward away
from the pool and shall be self-closing and have a self-latching device. Pedestrian access
gate(s) shall be locked when the pool is not open for use and all surrounding objects or
structures must have a separation of five feet from the enclosure to provide an unclimbable
space. The enclosure shall be in place prior to pool completion. Materials and construction shall
comply with the regulations administered by the Fulton County Health Department when
applicable.
(1) Detached dwellings. Swimming pools shall be allowed in side and rear yards of
single-family dwellings in any district and may also be allowed at the back of the house on
a double frontage single family residential lot as approved by the department. Pools, pool
equipment, and their decks must be a minimum of ten feet from all property lines, except
that when perimeter setbacks are required, for example in NUP and TR zone districts,
pools, pool equipment, and decks cannot be located in perimeter setbacks.
(2) Neighborhood. Swimming pools serving a neighborhood must be located within the
limits of the underlying zoning.
a. Use of swimming pools shall be limited to residents and guests of the
neighborhood in which they are located.
b. Pools, pool equipment, and decks must be located at least 100 feet from all
adjoining interior property lines, and at least 100 feet from all property lines which
abut single family uses. In addition, pools, pool equipment, and decks shall comply
with all setback requirements with respect to rights –of- way based on the district in
which the property is located.c. Landscape strips and buffer requirements shall be
as specified by section 64-237
d. A maximum four-square-foot sign identifying the future use of the property for a
swimming pool shall be posted adjoining the lot's frontage until a certificate of
occupancy is issued for the facility.
e. Sources of exterior illumination shall be directed away from adjoining residences
and shall not exceed 1.2 footcandles along an adjoining residential property line.
Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall
Page 2 of 2
RZ12-14 Text Amendment - Pools
Prepared for the Mayor and City Council Meeting on October 1, 2012 (First Presentation)
be allowed only between dusk and 11:00 p.m.
f. A maximum continuous sound level of 60 dBA and a maximum peak sound level
of 75 dBA shall not be exceeded at property lines adjacent to single-family residential
uses.
(3) Multifamily. Swimming pools, pool equipment, accessory structures, and fencing shall
be located a minimum of 100 feet from any residential building, adjoining property line or
public right-of-way.
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO.
AN ORDINANCE TO AMEND ARTICLE IX, ADMINISTRATIVE PERMITS AND USE
PERMITS, DIVISION 3 ADMINISTRIATIVE PERMITS, SUBIDIVISON II, MINIMUM
STANDARDS, SEC 64-1609, SWIMMING POOL, PRIVATE WITHIN THE MILTON ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES).
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on October 15, 2012 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance that amends Sec 64-1609, Swimming Pool, Private in
Article IX, Administrative Permits and Use Permit, Division 3 Administrative Permits,
Subdivision II, Minimum Standards of the City of Milton Zoning Ordinance is amended, is
hereby adopted and approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 15th day of October, 2012.
_________________________________
Mayor Joe Lockwood
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
Page 1 of 10
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 12, ARTICLE II, OF
THE CODE OF THE CITY OF MILTON, GEORGIA TO
REQUIRE PAIN MANAGEMENT CLINICS TO OBTAIN A PAIN
MANAGEMENT CLINIC OCCUPATION TAX CERTIFICATE
AND OTHER REGULATIONS
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on October 1, 2012 at 6:00 p.m. as follows:
WHEREAS, the City of Milton, Georgia (“City”) has reviewed a study and
accumulated information regarding Pain Management Clinics, as defined herein; and
WHEREAS, O.C.G.A. §§ 16 -13-25 through 16-13-29 identify what are known as
Schedule II, III and IV drugs within the State of Georgia; and
WHEREAS, the City finds that Pain Management Clinics as facilities who dispense
Schedule II, III, and IV controlled substances are often dispensing pain medications to those
claiming pain, without performing proper and thorough examinations of said patients and their
medical records, do not make proper medical diagno sis, and are sometimes not operated by
licensed physicians; and
WHEREAS, the City wishes to discourage the operation of these types of “pill mills”
within the corporate limits of the City of Milton in order to protect the health, safety and
welfare of the citizens of the City of Milton; and
WHEREAS , information received from law enforcement officials in several States
indicate that criminal activity increases in areas where Pain Management Clinics operating as no
more than “pill mills” are located; and
WHEREAS, for instance, the Grand Jury in Broward County, Florida, heard testimony
and considered evidence concerning the proliferation of such pain clinics in Broward County and
South Florida; and
WHEREAS, the Broward County, Florida, Grand Jury issued its Int erim Report on
November 19, 2009, concerning The Proliferation of Pain Clinics in South Florida (“Broward
County Grand Jury Report”); and
Page 2 of 10
WHEREAS, the Broward County Grand Jury Report found that, “In 2007 there were 4
pain clinics operating in Broward County. From those 4 pain clinics in Broward County the
number swelled to 66 pain clinics opening and operating in South Florida in 2008. From August
2008 to November 2009 the number of pain clinics opening and operating in South Florida
exploded in number from 66 to 176, and the number of pain clinics opening in Broward County
increased from 47 to 115. Pain clinics, which dispense prescription drugs on site, dispense
almost 9 million does [sic] units of Oxycodone in South Florida during the last months of 2 008.
6.5 million does [sic] units of the 9 million does [sic] units were dispensed in Broward County
alone.” Broward County Grand Jury Report at page 6; and
WHEREAS, the Broward County Grand Jury Report reported that the Florida Medical
Examiners Commission reported as follows:
Calendar Year Number of Deaths Average Number of
Detected that were Deaths Detected that
Caused by Lethal Doses were Caused by Lethal
Of Prescription Drugs Doses of Prescription
Drugs
2006 2,780 7 deaths/day
2007 3,317 9 deaths/day
2008 3,750 10 deaths/day
Broward County Grand Jury Report at pages 9-10; and
WHEREAS, the Broward County Grand Jury Report reported as follows: “The National
Survey on Drug Use and Health conducted annually b y the Substance Abuse Mental Health
Services Administration estimates that in the last 30 days over 5 million Americans used non -
medical prescription opioids or narcotic analgesics or pain relievers. In 2005, 11,300,000
Americans age 12 and above had used prescription pain medication in a non-medical use. In
2007, the number increased almost 50% to 16,280,000 Americans. One of the age groups that
have shown the highest levels of prescription non-medical use has been young adults age 18 to
25. In 2007, 2,147,000 Americans were first time non-medical users of prescription pain
medication.” Broward County Grand Jury Report, at pages 11-12; and
WHEREAS, prescription drug abuse is becoming a major problem in Georgia, and
according to the Georgia Drug and Narcotics Agency, deaths due to prescription drug overdoses
have surpassed those of all other illicit drugs and six times more people died from prescription
drug overdoses in 2009 than from all other illegal drugs, accounting for 87 percent of drug-
related deaths; and
Page 3 of 10
WHEREAS, federal, state, and local authorities raided Atlanta Medical Group Clinic in
Cartersville in June of 2011, based upon suspicions of an illegal pill mill operation; and
WHEREAS , the City of Milton Police Department has expressed concern consistent
with the above findings; and
WHEREAS, the Milton City Council finds the above information relevant in order to
protect the public health, safety and welfare of the citizens of the City of Milton; and
WHEREAS, legislation was promulgated by the Georgia General Assembly with an
effective date of July 1, 2011, which provides for certain regulation of pain clinics to include the
creation of a statewide controlled substance database; and
WHEREAS, O.C.G.A. §48-13-6(b) authorizes cities to enact ordinances for the levy,
assessment, and collection of occupation tax on those businesses and practitioners of professions
and occupations with one or more locations or offices in the corporate limits of the city; to
require information from businesses and practitioners of professions and occupations doing
business in the corporate limits of the city; and to provide for the punishment of violation of such
a local ordinance or resolution;
WHEREAS, the Milton City Council deems it necessary and appropriate to adopt this
Ordinance to require additional submittal of business information from Pain Management Clinics
in order to obtain a Pain Management Clinic Occupation Tax Certificate;
WHEREAS, pursuant to O.C.G.A. §48-13-6(c), the Milton City Council held a public
hearing to discuss the adoption of this Ordinance on October 1, 2012;
NOW, THEREFORE, the Milton City Council hereby ordains the following Ordinance:
SECTION 1.
Article II of Chapter 12 – Business Regulation and Taxation of the Code of the City of
Milton, Georgia is hereby amended to add the following:
Page 4 of 10
“DIVISION 2. - PAIN MANAGEMENT CLINICS
Section 12-35: Findings; Public Purpose; Legal Authority.
(a) Based upon the experience of other municipalities, counties and states, which experiences
we believe are relevant to the problems potentially faced by the City of Milton, Georgia, we take
note of the notorious and self-evident conditions attendant to the indiscriminate dispensing of
massive amounts of powerful prescription drugs by unconventional pain clinics, which do not
vary greatly among generally comparable communities within our country. Illegal pain
management clinics commonly known as “pill mills” dispense large quantities of Schedule II,
III, and IV drugs for cash, with little examination of the patie nt conducted. Moreover, it is the
finding of the Milton City Council that the indiscriminate dispensing of massive amounts of
powerful prescription drugs by unconventional pain clinics begets criminal behavior, tends to
create an undesirable community, and constitutes a danger to the public health, safety and
welfare of the citizens of the City of Milton. Among the undesirable community conditions
identified are drug addiction, drug overdoses, drug abuse, the illicit use of pharmaceutical drugs
and other associated illegal activities. The Milton City Council finds that such conditions increase
expenditure for the allocation of law enforcement personnel to preserve law and order, increase the
burden on the judicial system as a consequence hereof, and lead to a potentially dangerous
condition for the citizens of the City of Milton. Therefore, this Ordinance is established to ensure
that anyone dispensing or prescribing drugs within the corporate limits of the City of Milton is doing
so in compliance with local, state and federal law. Preliminary information will be gathered from
Pain Management Clinics prior to the issuance of a Pain Management Clinic Occupation Tax
Certificate. The Ordinance is created in the interest of public welfare and as a matter of
governmental interest and concern to prevent the negative impact on the City of Milton as set
forth herein.
(b) This Ordinance is adopted pursuant to Chapter 13 of Title 48 of the Official Code of Georgia
Annotated.
(c) This Ordinance is further adopted to prote ct the public safety, health and welfare of the
citizens of the City of Milton.
(d) This Ordinance is further adopted pursuant to the police power of the City of Milton.
Section 18-36: Definitions:
"Physician" means a person licensed to practice medicine under O.C.G.A. § 43-34-21.
"Pharmacy" shall mean a pharmacy as defined in O.C.G.A. §26 -4-5.
Page 5 of 10
"Pain Management Clinic" shall mean all privately owned pain management clinics,
facilities, or offices (including those which advertise in any medium) for the sale or dispensing of
any type of pain management services, or dispensing controlled substance medications, and
defined as a Schedule II, III, IV or V controlled substance as defined by Georgia law. A
physician is primarily engaged in pain management services when the majority of the patients
seen are prescribed or dispensed controlled substance medications for the treatment of chronic
nonmalignant pain.
Excluded from this definition are:
(1) A licensed pharmacy of a hospital that dispenses such substances for the
purpose of inpatient or outpatient hospital care, a licensed pharmacy of a hospital
or retail pharmacy of a hospital that dispenses prescriptions for controlled
substances at the time of dismissal or discharge from such a facility, or a licensed
pharmacy of a hospital or retail pharmacy of a hospital that dispenses or
administers such substances for long-term care patients or inpatient hospice
facilities;
(2) An institutional pharmacy that serves only a health care facility, including,
but not limited to, a nursing home, an intermediate care home, a personal care
home, or a hospice program, which provides inpatient care and which pharmacy
dispenses such substances to be administered and used by a patient on the
premises of the facility;
(3) A practitioner or other authorized person who administers such a substance;
and
(4) A pharmacy operated by, on behalf of, or under contract with the Department
of Corrections for the sole and exclusive purpose of providing services in a secure
environment to prisoners within a penal institution. This shall include correctional
institutions operated by private entities in this state which house inmates under the
Department of Corrections.
"Schedule II, III or IV drugs" shall mean the drugs defined in O.C.G.A. §§ 16 -13-26
through 16-13-29.
Section 18-37: Occupation Tax Certificate Required. It is unlawful for any person,
firm, partnership, corporation, business, medical practice, clinic, physician, office, pharmacy, or
location or other entity of any type to operate, engage in, conduct, or carry on, in or upon any
premises within the incorporated area of the City of Milton a Pain Management Clinic as defined
in this article without a valid Pain Management Clinic Occupation Tax Certificate issued by the
City of Milton pursuant to this Ordinance.
Page 6 of 10
Section 18-38: Compliance with Occupational Taxes Generally. Except as otherwise provided
herein, all Pain Management Clinic Occupational Tax Certificates shall be issued, maintained,
renewed, and enforced in compliance with those provisions contained in Article II, Chapter 12
of the Code of The City of Milton, Georgia for general occupation taxes.
Section 18-39: Application Contents. Each application for a Pain Management
Clinic Occupation Tax Certificate (“Certificate”), whether new or a renewal, shall be submitted to
the Community Development Director’s office, and shall contain the following information:
(a) The applicant's full name.
(b) The present address and telephone number of the applicant.
(c) The business license or occu pation tax history of the applicant and whether
such applicant, in previous operations in this or any other City, state or territory under
license, has or had such license or occupation tax certificate or similar type of business
license revoked or suspend ed, the reason therefore, and the business activity or
occupation subsequent to such action of suspension or revocation.
(d) If the applicant is a corporation, the name of the corporation shall be set forth
exactly as shown in its articles of incorporation or charter, together with the place and date
of incorporation. If the applicant is a partnership, the applicant shall set forth the
name, residence address of the partners. If the applicant is a limited partnership, it shall
furnish a copy of its certificate of limited partnership filed with the City Community
Development Director . If one or more of the partners is a corporation, the provisions of
this subsection pertaining to corporations shall apply. The applicant corporation or
partnership shall designate one of its officers or general partners to act as its responsible
managing officer. Such designated persons shall complete and sign all application
forms required of an individual applicant under this chapter, but only one application fee
shall be charged.
(e) If the applicant, any partners or any corporate officers, if the applicant is a
corporation, have been convicted of a felony in the past five (5) years and, if so, a complete
description of any such crime including date of violation, date of convict ion, jurisdiction
and any disposition, including any fine or sentence imposed and whether terms of
disposition have been fully completed.
(f) If applicant is a person doing business under a trade name, a copy of the trade
name properly recorded. If the applicant is a corporation, a copy of authority to do
business in Georgia, including articles of incorporation, trade name affidavit, if any, last
annual report, if any.
Page 7 of 10
(g) Address of the premises to be licensed.
(h) Whether the premises are owned or rented.
(i) Each applicant for a Certificate shall be verified and acknowledged under oath to
be true and correct by:
1. If the applicant is an individual, by the individual;
2. If by a partnership, by the manager or general partner;
3. If a corporation, by the president of the corporation;
4. If any other organization or association, by the chief administrative official.
(j) Attach a copy of any and all of applicant's current licenses issued by the State of
Georgia or any agency or board thereof;
(k) Provide the following information:
1. The name and DEA number of every physician, nurse practitioner, and
physician’s assistant (including applicant) (hereinafter the “identified health
care professionals”) who are or may be practicing, associated, or with an
ownership interest in the business, along with a copy of a valid license for
each such individual.
2. The business's website address, if available.
3. Location of any other clinics or practices associated with or owned by the
same parties as the applicant.
4. Detail of the services offered at the proposed pain clinic.
5. If opening a pharmacy, does the proposed pain clinic intend to provide
medical treatment services at the location?
6. Does the proposed pain clinic intend to prescribe Schedule II, III and IV drugs
at the proposed location?
7. Does the proposed pain clinic intend to dispense Schedule II, III and IV drugs
at the proposed location?
Each applicant requesting a Pain Management Clinic Certificate, shall in good faith
complete this questionnaire. Signatures of the applicant and establishment owner or
corporate officer (if not the same as applicant) shall be required on the questionnaire,
attesting that all answers and information provided are true and correct to the best of their
knowledge. Deception, false statements, and misrepresentations on the questionnaire shall
cause enforcement action and penalties against the entity as detailed under this Chapter.
Page 8 of 10
Section 18-40: Application Review. The City shall have up to forty -five (45) days to
review the application , the background of the applicant , and verify information concerning
the identified health care professionals . Upon completion of the review, the City
Community Development Director shall grant the Certificate if he or she finds:
(a) The required fee has been paid.
(b) Application conforms in all respects to the provisions of this chapter.
(c) The applicant has not knowingly made a material misrepresentation in the application.
(d) The applicant has fully cooperated in the review of the application.
(e) The applicant's and the identified health care professionals’ applicable state license(s) and
DEA numbers have not been suspended, revoked or not renewed.
Section 18-41: Occupation Tax Certificate – Refusal, appeal. If the City, following
review of the application, deems that the application does not fulfill the requirements as set
forth in this chapter, the City Community Development Director shall notify the applicant by
certified mail of such denial within forty-five (45) days of the date of application, and
provide copies of the review report to the City Clerk. Any applicant that is denied a Pain
Management Clinic Occupation Tax Certificate may appeal such denial to the City Council by
filing a written notice of appeal within ten (10) days of the receipt of notice. A hearing before
the Milton City Council shall be scheduled within forty-five (45) days of such notice. Whenever
the City Clerk has scheduled an appeal before the Milton City Council, at the time and date set
therefore, the Milton City Council shall receive all relevant testimony and evidence from the
applicant, from interested parties and from City staff. The Milton City Council may sustain,
over-rule or modify the action complained of. The action of the Milton City Council shall
be final. Appeals from the decision of the Milton City Council shall be by certiorari to the
Superior Court of Fulton County filed within thirty (30) days of the final action of the Milton
City Council .
Section 18-42: Renewal of Occupation Tax Certificate. A Pain Management Clinic
Occupation Tax Certificates may be renewed on a calendar year basis provided that the applicant
continues to meet the requirements set out in this chapter.
Section 18-43: Occupation Tax Certificates Nontransferable. No Pain Management Clinic
Occupation Tax Certificate may be sold, transferred or assigned by a certificate holder , or by
operation of law, to any other person or persons. Any such sale, transfer or assignment, or
attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of
such Certificate and such Certificate shall thereafter be null and void; provided and excepting,
however, that if the applicant is a partnership and one or more of the partners should die, one
or more of the surviving partners may acquire, by purchase or otherwise, the interest of the
deceased partner or partners without effecting a surrender or termination of such Certificate, and
in such case, the Certificate upon notification to the City, shall be placed in the name of the
Page 9 of 10
surviving partner. A Certificate issued to a corporation shall be deemed terminated and void
when either any outstanding stock of the corporation is sold, transferred or assigned after the
issuance of a permit, or any stock authorized but not issued at the time of the granting of a
Certificate is thereafter issued and sold, transferred or assigned.
Section 18-44: Change of Location, Name or Identified Health Care Professionals.
(a) No Pain Management Clinic shall move from the location specified on its Certificate until
an approval has been ob tained from the City Community Development Director .
Such approval shall not be given unless all requirements and regulations, as contained in
the City's codes, have been met.
(b) No applicant shall operate, conduct, manage, engage in, or carry on a Pain Management
Clinic under any name other than the name of the business as specified on the
Certificate.
(c) The applicant shall notify the City Community Development Director of any changes in
the name(s), DEA number(s), and status of the state license(s) of any physician, nurse
practitioner, and physician’s assistant practicing, associated, or with an ownership
interest in the business within thirty (30) days of such change. Failure to notify the City
Community Development Director of such a change shall constitute a violation of this
Ordinance.
Section 18-45: Violation; Penalty.
It shall be unlawful and a violation of this Ordinance for any person, firm,
partnership, corporation, business, medical practice, clinic, physician, office, pharmacy, or
location or other entity of any type to operate, engage in, conduct, or carry on, in or upon any
premises within the incorporated area of the City, a Pain Management Clinic as defined in this
article without a valid Pain Management Clinic Occupation Tax Certificate issued by the City of
Milton pursuant to this Ordinance and without continued compliance with this Ordinance. Any
violation of this Ordinance shall be subject to those applicable penalties set forth in Article II,
Chapter 12 of the Code of the City of Milton, Georgia for general Occupation Tax Certificates
as pertaining to professionals and practitioners classified in O.C.G.A. §48-13-9(c), paragraphs 1
through 22.
SECTION 2
Remaining Portions Unaffected. Except as specified hereinabove, all remaining
portions of the Code of the City of Milton, Georgia shall continue in full force and effect, and
shall remain unaffected by this amendment.
Page 10 of 10
SECTION 3
Severability. It is the express intent of the Milton City Council that this Ordinance be
consistent with both federal and state law. If any provision of this Ordinance or the application
thereof to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared severable.
Notwithstanding anything contained herein, this Ordinance shall not operate to impose a
precondition or sanction on any applicant licensed by the S tate of Georgia or any board or
authority created by state law.
SECTION 4
Conflicting Ordinances Repealed. All Ordinances and provisions of the Code which
conflict with any part of this Ordinance are hereby repealed.
SECTION 5
Effective Date. This Ordinance shall become effective immediately upon passage.
SO ORDAINED this 1st day of October, 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: Cindy Eade, Sustainability Coordinator and Michele McIntosh-Ross, City Planner
Date: September 20, 2012 for Submission onto the October 1, 2012 City Council
Meeting
Agenda Item: Consideration 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. After reviewing our
application, ARC sent a list of additional items and questions in August to staff which we have
been in the process of reviewing and accumulating additional documentation. Final
documentation to ARC is due by October 5, 2012. This resolution is a major piece of this
application and without it, Milton will not receive the bronze award this year.
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
Kathy Field, Community Development Director
Stacey Inglis, Finance Director
1
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.
2
RESOLVED this 1st day of October, 2012.
Approved:
___________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, City Clerk
(Seal)
3
Exhibit A
City of Milton Sustainable Practices Policies
1. Green Building
1.) Government LEED and Energy Star Policy
a. LEED and Energy Star Certifications. The following policies shall
apply to all public buildings that are either new construction or renovation
projects:
1. All new buildings constructed and owned by the City of Milton which
have 5000 square feet or greater of occupied space shall be LEED certified
(Leadership in Energy and Environmental Design for New Construction LEED-
NC). In the event that LEED certifications add costs exceeding $25,000,
approval shall be required by the City Council.
2. All new buildings owned and renovated by the City of Milton shall be
EnergyStar certified or follow LEED guidelines. In the event that LEED
certifications add costs exceeding $25,000, approval shall be required by the City
Council.
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
4
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 energy compliance in the
checklists.
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.
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 has adopted a
Community Forest Master Plan in September 2012 and will follow those
5
guidelines which incorporate a Tree Inventory, Assessment and
Management Plan.
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.
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. Anti Idling Policy.
I. Application of Policy
The purpose of this policy is to establish guidelines to eliminate the unnecessary idling of
City vehicles as part of an ongoing effort to reduce fuel consumption. This policy
statement is applicable to all City employees who have been assigned or operate a City
owned vehicle powered by gasoline and, in limited instances, by diesel. The intent of this
policy is to help protect the long-term health and wellness and environmental
sustainability of the community and to manage the cost of fuel expenditures.
II. Why Idling is a Problem
An idling vehicle gets 0 miles per gallon. Vehicles with larger engines typically waste
more gas at idle than do cars with smaller engines. Idling vehicles produces unnecessary
pollution that contributes to climate change, smog and health problems, causes premature
engine wear and wastes fuel which increases costs to our taxpayers. It is every City
employee’s responsibility to minimize fleet operating costs while reducing harmful
effects to the environment.
III. Appropriate Use of City Vehicles
i. City fleet vehicles will not be parked with the engine operating for more than 30
seconds unless it is essential for performance of work.
ii. Initial “warm up” idling should be minimized. Start driving after no more than 30
seconds of idling, assuming your vehicle’s windows are clear.
iii. If you are going to be stopped for more than 30 seconds, except as required while
operating the vehicle in routine traffic, turn off your engine. As mentioned
previously, idling a vehicle for longer than 10 seconds uses more fuel that it
would take to restart the vehicle.
IV. Exceptions to the Policy
Due to the diverse nature of the City’s vehicle fleet, there may need to be exceptions to
this Anti-Idling Policy. Subsequently, the provisions of this policy do not apply to:
i. Emergency vehicles, such as fire trucks, while engaged in operational activities;
6
ii. Vehicles that are required to idle in order to power ancillary equipment mounted
on the vehicle without risking damage to the battery, i.e., warning devices,
sampler hoists, lift gates, hydraulic equipment or lights;
iii. Public safety vehicles performing emergency operations, but only when the
vehicle must be operating for the warning devices or emergency systems to
function;
iv. Vehicles equipped with temperature sensitive equipment;
v. A public safety vehicle, particularly when transporting patients, prisoners, victims
or witnesses, or when performing traffic control;
vi. The primary propulsion engine of a motor vehicle providing a power source
necessary for mechanical operation, not including propulsion, and/or passenger
compartment heating, or air conditioning;
vii. A motor vehicle forced to remain motionless because of traffic conditions over
which the operator has no control;
viii. The primary engine of a motor vehicle being operated for maintenance or
diagnostic purposes;
ix. The primary engine of a motor vehicle being operated solely to defrost a
windshield.
c. Complete Streets Policy. The City of Milton is committed to having a
comprehensive complete streets policy. The Milton Trail Development
Standards (Ch 48 Art VIII) has all the elements of a complete streets
policy for Milton.
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 purpose of this policy is to encourage consideration of environmentally
preferable products and services while remaining fiscally responsible in
purchasing decisions within the City of Milton. The City will promote
environmentally preferable purchasing practices that positively affect public
and worker health, conserve natural resources and minimize negative
environmental impacts.
Preference shall be given to purchase products that are “environmentally
friendly”; products that would reduce the negative effects on human health
7
and the environment when compared with competing non sustainable
products and services. Examples would be materials that are reusable, made
from recycled products, or are inherently recyclable.
The quality of such purchases needs to be equal to non sustainable products
and the price differential should not exceed 10% over the lowest price quoted
by suppliers of traditional, non sustainable products as determined by the
user department.
The product price comparison shall include life cycle cost considerations,
when applicable which includes raw materials acquisition, production,
manufacturing, packaging, distribution, operations, maintenance and disposal
as well as the potential for reuse or ability to be recycled.
Each user department shall make every reasonable effort to purchase and
use recycled products or those with recycled content whenever feasible to the
extent such use does not adversely affect health, safety, or operational
efficiency and effectiveness as determined by each user department.
1. All standard printing pieces will be printed on recycled content paper.
Recycled content paper is defined by paper containing 30% post
consumer fiber by weight. Each user department shall strive to purchase
copy, computer, and fax paper that contains a minimum of 30% post
consumer recycled content (10% cap on price preference is not
applicable).
2. Each user department shall consider, where feasible, the ability of
products and\or their packaging to be reused, reconditioned, or recycled.
3. Each user department shall purchase, where feasible, products which
minimize waste and toxic by‐products in their manufacture, use,
recycling, and disposal.
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.
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.
8
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. Evergreen School Program: The City is committed to the continuation
of resources to support the City’s Evergreen School program as
administered by staff and Milton Grows Green to facilitate the City’s
environmental mission and sustainability efforts.
b. NWF’s Wildlife Habitat Community Designation. Milton is committed
to supporting the ongoing efforts to have the City certified as a NWF Wildlife
Habitat Community and the ongoing promotion to conserve and protect
habitats for wildlife.
1
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.
2
RESOLVED this 1st day of Oct, 2012.
Approved:
___________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, City Clerk
(Seal)
3
Exhibit A
City of Milton Sustainable Practices Policies
1. Green Building
1.) Government LEED and Energy Star Policy
a. LEED and Energy Star Certifications. The following policies shall
apply to all public buildings that are either new construction or renovation
projects:
1. All new buildings constructed and owned by the City of Milton which
have 5000 square feet or greater of occupied space shall be LEED certified
(Leadership in Energy and Environmental Design for New Construction LEED-
NC). In the event that LEED certifications add costs exceeding $25,000,
approval shall be required by the City Council.
2. All new buildings owned and renovated by the City of Milton shall be
EnergyStar certified or follow LEED guidelines. In the event that LEED
certifications add costs exceeding $25,000, approval shall be required by the City
Council.
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
4
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 energy compliance in the
checklists.
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.
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 has adopted a
Community Forest Master Plan in September 2012 and will follow those
5
guidelines which incorporates a Tree Inventory, Assessment and
Management Plan.
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.
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. Anti Idling Policy.
I. Application of Policy
The purpose of this policy is to establish guidelines to eliminate the unnecessary idling of
City vehicles as part of an ongoing effort to reduce fuel consumption. This policy
statement is applicable to all City employees who have been assigned or operate a City
owned vehicle powered by gasoline and, in limited instances, by diesel. The intent of this
policy is to help protect the long-term health and wellness and environmental
sustainability of the community and to manage the cost of fuel expenditures.
II. Why Idling is a Problem
An idling vehicle gets 0 miles per gallon. Vehicles with larger engines typically waste
more gas at idle than do cars with smaller engines. Idling vehicles produces unnecessary
pollution that contributes to climate change, smog and health problems, causes premature
engine wear and wastes fuel which increases costs to our taxpayers. It is every City
employee’s responsibility to minimize fleet operating costs while reducing harmful
effects to the environment.
III. Appropriate Use of City Vehicles
i. City fleet vehicles will not be parked with the engine operating for more than 30
seconds unless it is essential for performance of work.
ii. Initial “warm up” idling should be minimized. Start driving after no more than 30
seconds of idling, assuming your vehicle’s windows are clear.
iii. If you are going to be stopped for more than 30 seconds, except as required while
operating the vehicle in routine traffic, turn off your engine. As mentioned
previously, idling a vehicle for longer than 10 seconds uses more fuel that it
would take to restart the vehicle.
IV. Exceptions to the Policy
Due to the diverse nature of the City’s vehicle fleet, there may need to be exceptions to
this Anti-Idling Policy. Subsequently, the provisions of this policy do not apply to:
i. Emergency vehicles, such as fire trucks, while engaged in operational activities;
6
ii. Vehicles that are required to idle in order to power ancillary equipment mounted
on the vehicle without risking damage to the battery, i.e., warning devices,
sampler hoists, lift gates, hydraulic equipment or lights;
iii. Public safety vehicles performing emergency operations, but only when the
vehicle must be operating for the warning devices or emergency systems to
function;
iv. Vehicles equipped with temperature sensitive equipment;
v. A public safety vehicle, particularly when transporting patients, prisoners, victims
or witnesses, or when performing traffic control;
vi. The primary propulsion engine of a motor vehicle providing a power source
necessary for mechanical operation, not including propulsion, and/or passenger
compartment heating, or air conditioning;
vii. A motor vehicle forced to remain motionless because of traffic conditions over
which the operator has no control;
viii. The primary engine of a motor vehicle being operated for maintenance or
diagnostic purposes;
ix. The primary engine of a motor vehicle being operated solely to defrost a
windshield.
c. Complete Streets Policy. The City of Milton is committed to having a
comprehensive complete streets policy. The Milton Trail Development
Standards (Ch 48 Art VIII) has all the elements of a complete streets
policy for Milton.
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 purpose of this policy is to encourage consideration of environmentally
preferable products and services while remaining fiscally responsible in
purchasing decisions within the City of Milton. The City will promote
environmentally preferable purchasing practices that positively affect public
and worker health, conserve natural resources and minimize negative
environmental impacts.
Preference shall be given to purchase products that are “environmentally
friendly”; products that would reduce the negative effects on human health
7
and the environment when compared with competing non sustainable
products and services. Examples would be materials that are reusable, made
from recycled products, or are inherently recyclable.
The quality of such purchases needs to be equal to non sustainable products
and the price differential should not exceed 10% over the lowest price quoted
by suppliers of traditional, non sustainable products as determined by the
user department.
The product price comparison shall include life cycle cost considerations,
when applicable which includes raw materials acquisition, production,
manufacturing, packaging, distribution, operations, maintenance and disposal
as well as the potential for reuse or ability to be recycled.
Each user department shall make every reasonable effort to purchase and
use recycled products or those with recycled content whenever feasible to the
extent such use does not adversely affect health, safety, or operational
efficiency and effectiveness as determined by each user department.
1. All standard printing pieces will be printed on recycled content paper.
Recycled content paper is defined by paper containing 30% post
consumer fiber by weight. Each user department shall strive to purchase
copy, computer, and fax paper that contains a minimum of 30% post
consumer recycled content (10% cap on price preference is not
applicable).
2. Each user department shall consider, where feasible, the ability of
products and\or their packaging to be reused, reconditioned, or recycled.
3. Each user department shall purchase, where feasible, products which
minimize waste and toxic by‐products in their manufacture, use,
recycling, and disposal.
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.
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.
8
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. Evergreen School Program: The City is committed to the continuation
of resources to support the City’s Evergreen School program as
administered by staff and Milton Grows Green to facilitate the City’s
environmental mission and sustainability efforts.
b. NWF’s Wildlife Habitat Community Designation. Milton is committed
to supporting the ongoing efforts to have the City certified as a NWF Wildlife
Habitat Community and the ongoing promotion to conserve and protect
habitats for wildlife.