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HomeMy WebLinkAbout11-05-2012-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, November 5, 2012 Regular Council Meeting Agenda 6:00 PM INVOCATION - Community Minister Tass Welch, Community Christ Church, Milton, GA 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. 12-274) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the October 8, 2012 City Council Work Session Minutes. (Agenda Item No. 12-275) (Sudie Gordon, City Clerk) 2. Approval of the October 15, 2012 Regular City Council Minutes. (Agenda Item No. 12-276) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 5, 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. 3. Approval of a Professional Services Agreement Change Order between the City of Milton and BM&K, P.C. for Right of Way Services for Intersection Improvements for SR 372 at Providence Road and SR 140 at New Providence Road. (Agenda Item No. 12-277) (Carter Lucas, Public Works Director) 4. Approval of a Construction Services Agreement between the City of Milton and Infinity Construction Services, Inc. for Traffic Calming for White Columns. (Agenda Item No. 12-278) (Carter Lucas, Public Works Director) 5. Approval of a Professional Services Agreement between the City of Milton and Willmer Engineering, Inc. to Provide Geotechnical Testing Services for the Replacement of the Cogburn Road Bridge. (Agenda Item No. 12-279) (Carter Lucas, Public Works Director) 6. Approval of a Right of Way Mowing and Maintenance Agreement by and between the Georgia Department of Transportation and the City of Milton for Project PI 0005448 SR 372/Birmingham Highway at Providence Road Roundabout. (Agenda Item No. 12-280) (Carter Lucas, Public Works Director) 7. Approval of a Right of Way Mowing and Maintenance Agreement between the City of Milton and Georgia Department of Transportation for the Proposed City of Milton Court, Fire and Police Facility Located at 13690 State Highway 9. (Agenda Item No. 12-281) (Carter Lucas, Public Works Director) 8. Approval of a Professional Services Agreement between the City of Milton and Mauldin & Jenkins, LLC for External Auditing. (Agenda Item No. 12-282) (Stacey Inglis, Finance Director) 9. Approval of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City’s Financial Statements for the Fiscal Year Ending September 30, 2012. (Agenda Item No. 12-283) (Stacey Inglis, Finance Director) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing High School Inventor Raja Selvakumar. (Presented by Mayor Joe Lockwood) 2. Proclamation Recognizing Birmingham United Methodist Church as a Roundup Partner. (Presented by Mayor Joe Lockwood) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 5, 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. 3. Proclamation Recognizing Veteran’s Day. (Presented by Councilmember Bill Lusk) 4. Proclamation Recognizing City of Milton 2012 Police Officer of the Year – Keenan Grey. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION 1. Consideration of the Approval of An Ordinance Amending Ordinance No. 09-09-49 Adopting and Amending Rules and Procedures for the City Council Meetings and Public Hearings for the City of Milton, Georgia; and for Other Purposes. (Agenda Item No. 12-284) (Ken Jarrard, City Attorney) 2. Consideration of an Ordinance to Amend Article III, Property Maintenance, Division 4, General Requirements, Section 10-267 (Exterior Property Requirements) of Chapter 10, Buildings and Building Regulations of the City of Milton Code. (Agenda Item No. 12-285) (Chris Lagerbloom, City Manager) 8) PUBLIC HEARINGS ALCOHOL BEVERAGE LICENSE APPLICATION 1. Consideration of the Approval of the Issuance of an Alcohol Beverage License to Mr. Jing Inc. d/b/a Ru Sans located at 13085 Highway 9, Suite 440, Milton, Georgia 30004. The Applicant is Jing Bo Li – Consumption on Premises Wine and Malt Beverages. (Agenda Item No. 12 – 272) (Deferred at October 15, 2012 Regular Council Meeting) (Stacey Inglis, Finance Director) 2. Consideration of a Resolution Imposing A Limited and Temporary Moratorium Upon Issuance of Business Licenses to New Pain Management Clinics within the City of Milton. (Agenda Item No. 12-286) (Ken Jarrard, City Attorney) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 5, 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. 11) NEW BUSINESS 1. Consideration of a Memorandum of Understanding between the City of Milton and the City of Alpharetta for Parks and Recreation Programs and Services. (Agenda Item No. 12-287) (Jim Cregge, Interim Parks and Recreation Director) 2. Consideration of a Resolution Adopting the Parks & Recreation Master Plan. (Agenda Item No. 12-288) (Jim Cregge, Interim Parks and Recreation Director) 3. Consideration of A Resolution Imposing A Limited and Temporary Moratorium Upon Issuance of Business Licenses to New Pain Management Clinics within the City of Milton. (Agenda Item No. 12-286) (First Public Hearing held on November 5, 2012) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 12-289) The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: October 24, 2012 for the November 5, 2012 Council meeting Agenda Item: Approval of a Professional Services (Change Order) between the City of Milton and BM&K, P.C. for Right of Way Services – SR 372 at Providence Road and SR 140 at New Providence Road. Discussion: The original professional services agreement with BM&K dated October 31, 2011 was to provide right of way and easement acquisition services for intersection improvements at SR 372 at Providence Road and SR 140 at New Providence Road. Three bids were obtained for right of way services and BM&K was the low bidder. With negotiations under the original agreement with BM&K underway, several parcels have not been able to reach a settlement agreement. The work to be completed under this change order includes providing a 10-day letter to property owners, setting up final appeal meeting, briefing appeal officer, and appeal officer conducting final appeal meeting to reach settlement or proceed to condemnation. These tasks are required in conjunction with the use of federal funds on these projects prior to starting condemnation and will be in accordance with GDOT policy and procedures. Staff is recommending the approval of a professional services change order between the City of Milton and BM&K to provide an appeal in the amount of $5,750.00. The budget for this work will be from Capital Grant Fund. This task is not reimbursable but the land acquisition costs for the purchase of right of way and easements based on the settlement amounts will be reimbursable for these projects. Legal Review: Agreement – Paul Higbee, Jarrard & Davis on 10/9/2012 Attachments: 1. Change Order rlo City of Milton N CHANGE ORDER #2 FOR PROFESSIONAL SERVICES AGREEMENT Right of Way Services WHEREAS, the City of Milton, Georgia and BM&K, P.C. have entered into a Professional Services Agreement (the "Agreement') dated October 3151, 2011, incorporated herein by reference, for right of way services for intersection improvements for SR 372 Birmingham Hwy at Providence Road and SR 140 Arnold Mill Road at New Providence Road; and WHEREAS, the parties desire to issue a change order pursuant to Section 9.0 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 A to the Agreement is amended by adding the following verbiage to the scope of services: Anneal Officer City will provide approval of issuance of a 10 -day letter to property owners that have not reached a settlement. Consultant will send 10 -day letter and request final appeal meeting with property owner. Consultant will secure an appeal officer that is prequalified by Georgia Department of Transportation to hold the appeal meeting. Consultant will provide all information to appeal officer prior to appeal meeting. Appeal Officer will contact property owner and set up final appeal meeting. Appeal Officer will follow all State and Federal procedures for negotiation and make a final effort for settlement. Appeal Officer will provide all records and documentation required by Consultant and/or Georgia Department of Transportation. 2. Exhibit B to the Agreement is amended by adding the following per parcel services to the fee schedule: Per Parcel Fee Total Appeal Officer BM&K Construction & Engineering PI 0000533 PI 00005448 Parcels Per Parcel Fee Total Parcels Per Parcel Fee Total Appeal Officer Coordination 1 $ 150.00 $ 150.00 4 $ 150.00 $ 600.00 Appeal Officer 1 $ 11000.00 $ 1,000.00 4 $ 11000.00 $ 4,000.00 Appeal Total $ 1,150.00 $ 41600.00 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 n �(Cyiarraum, Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. n �(Cyiarraum, By: Donald Clerici Its: President &Secretary [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of• CITY OF MILTON: By: Joe Lockwood Its: Mayor [CITY SEAL] SIGNED, SEALED, AND DELPJERED in the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: October 24, 2012 Council Date: November 5, 2012 Agenda Item: Approval of a Construction Services Agreement with Infinity Construction Solutions, Inc. for Traffic Calming at White Columns Location Map Discussion: The Public Works Department and the White Columns HOA have been working together on the traffic calming program over the past several months. The results of traffic counts in the neighborhood indicated that traffic calming measures are warranted. The first project focus is the intersection of White Columns Drive at Glen Hampton Dr/Hampton Bluff Dr. This 4-way stop is a major school bus stop for the neighborhood. There are sidewalk approaches on 3 of the legs. This is the main road through the neighborhood and the main access to the clubhouse and golf course. The HOA reported that they receive complaints pertaining to the lack of Project Location City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 Page 2 of 2 compliance with the stop sign. The solution that was identified through the traffic calming program was to install a raised crosswalk/speed table on the north leg of the intersection. Financial: The HOA is providing payment for half of the standard installation plus the cost for any decorative features. For this project the City will pay $4,100 and the HOA will pay $5,300. This will be from the Capital Projects Traffic Calming Fund. Legal Review: Paul Higbee, Jarrard & Davis on 9/26/12 Attachments: Construction Services Agreement CONSTRUCTION SHORT FORM TRAFFIC CALMING FOR This Services Agreement (the “Agreement”) is made and entered into this ____ day of _______________, 20 and between the CITY OF MILTON, GEORGIA CONSTRUCTION SOLUTIONS, INC., GA 30518 (hereinafter referred to as the “Contractor”). WHEREAS, the City desires to employ a contractor to perform WHEREAS, Contractor has familiarized itself with the Contract Documents all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Contractor good and valuable consideration, the sufficiency of which is hereby acknowledged, Section 1. Contract Documents: incorporated herein by reference, constitute the EXHIBIT A REQUEST FOR BID/SCOPE OF WORK EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONTRACTOR AFFIDAVIT EXHIBIT D SUBCONTRACTOR AFFIDAVIT EXHIBIT E SAVE AFFIDAVIT To the extent that there may be any conflict benefit of the City shall govern. Section 2. The Work: Contractor otherwise stated in the Contract Documents, the Work shall include Contractor’s provision of materials, labor, expenses, and any other cost or item necessary traffic calming measure speed table/raised crosswalk at the intersection of Way with steel plate bridging gutter as described in email from Brent Norris Section 3. Contract Time: Contractor that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the shall commence Work pursuant to this Agreement on or before a date to be specified on a written “Notice to Proceed” from the City, and shall fully complete the Work 1 CONSTRUCTION SERVICES AGREEMENT SHORT FORM AGREEMENTS $10,000.00 OR LESS TRAFFIC CALMING FOR WHITE COLUMNS Agreement (the “Agreement”) is made and entered into this ____ day of _______________, 20 OF MILTON, GEORGIA (hereinafter referred to as the “City”), and , having its principal place of business at 4963 Austin Park Avenue, Buford, (hereinafter referred to as the “Contractor”). WITNESSETH THAT: desires to employ a contractor to perform the services described herein , Contractor has familiarized itself with the Contract Documents, as defined below, federal, state and local laws, ordinances, rules and regulations. Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: This Agreement and the following named Exhibits incorporated herein by reference, constitute the “Contract Documents”: /SCOPE OF WORK CERTIFICATE CONTRACTOR AFFIDAVIT EXHIBIT D SUBCONTRACTOR AFFIDAVIT any conflict among the Contract Documents, the provision operating most to the Contractor shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Contractor’s provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally descr traffic calming measure speed table/raised crosswalk at the intersection of White Columns Dr and Glen Hampt with steel plate bridging gutter as described in email from Brent Norris included in Exhibit ‘A’. Contractor understands that time is of the essence of this Agreement and that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the shall commence Work pursuant to this Agreement on or before a date to be specified on a written “Notice to fully complete the Work within 30 days of the “Notice to Proceed”. Agreement (the “Agreement”) is made and entered into this ____ day of _______________, 2012, by and INFINITY 4963 Austin Park Avenue, Buford, described herein (the “Work”); and , as defined below, the Work, and with federal, state and local laws, ordinances, rules and regulations. , in consideration of the mutual promises contained herein and other agree as follows: Exhibits, attached hereto and the provision operating most to the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Contractor’s provision of materials, labor, described as installation of White Columns Dr and Glen Hampton included in Exhibit ‘A’. understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written “Notice to the “Notice to Proceed”. 2 Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed and costs incurred by Contractor upon the City’s certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City’s receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall be based on a lump sum fee which shall not exceed $9,400.00 (the “Contract Price”), except as outlined in Section 4 above. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor’s industry, Contractor will give written notice thereof immediately to the City. Section 6. Covenants of Contractor A. Assignment of Agreement: Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Contractor and Indemnification of City: Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch as City and Contractor are contractors independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Contractor agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit “B”. E. Licenses, Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. 3 F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Contractor (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Contractor agrees to execute any additional documents necessary to evidence such assignment. G. Contractor’s Representative: MICHAEL DELEAN shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. H. Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. I. Meetings: Contractor shall meet with City’s personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Warranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of completion of the Work at no additional cost to the City. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Contractor. Provided that no damages are due to the City for Contractor’s breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. D. Employment of Unauthorized Aliens Prohibited. (1) E-Verify Affidavit It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “C” and “D” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “C”, and submitted such affidavit to City. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300- 4 10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “D”, and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Contractor agrees to provide completed copies of Exhibit “D” to the City within five (5) business days of receipt from any subcontractor. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. Contractor’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor’s affidavit, attached hereto as Exhibit “C” and incorporated herein by this reference. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor’s legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit “E”, and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor’s legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. INFINITY CONSTRUCTION SOLUTIONS, INC. i Signature: Title: U� /mI J) -t O• [AFFIX CORPORATE /L] NOT o _= . rn CITY OF MILTON, GE6*QJ j Joe Lockwood, Mayor Printed Name: h1lcm-�- D62f: 6 EXHIBIT “A” REQUEST FOR BIDS/SCOPE OF WORK Traffic Calming Installation BIDS DUE August 3rd, 2012 BY 5:00 PM White Columns subdivision City of Milton, Georgia Scope of Work and Schedule The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the city. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The base bid may not be withdrawn or modified, except at the request of the city, for a period of sixty (60) days following receipt of the bids. This is a unit price project. The scope of the project will depend on the actual unit prices. The base bid is to be for estimated quantities provided in section 8.0 and according to locations in section 9.0. BIDS DUE August 3rd, 2012 BY 5:00 PM 1.0 General Conditions a) Construction activity within 1000 feet on an occupied residence will be allowed Man. -Fri. between the hours of 7:36 AM and 7:36 PM and Sat. between 8:30 AM and 5:60 PM. Construction activity more than 1000 feet from an occupied residence will be allowed Mon.- Fri. between the hours of 7:04 AM and 10:00 PM and Sat. between the hours of 8:30 AM and 6:00 PM. b) Contractor must notify the City of Milton (678) 242-2500, twenty-four (24) hours prior to beginning construction. c) Burial of construction materials is not permitted within the City of Milton. All construction materials and debris within the work area shall be properly disposed of by the contractor. d) Contractor shall provide all necessary tools, equipment, labor and materials to perform all work as defined in the following scope and schedule. e) Roadway shall remain accessible for local traffic during construction. 2.0 Erosion and Sediment Control a) All erosion and sediment control work necessary for the completion of this project shall be in accordance with the standards provided in the Georgia Manual for Erosion and Sediment Control in Georgia, latest edition. b) Temporary vegetation and/or heavy mulch will be used to stabilize areas. In no case shall a site be left bare for more than fourteen (14) days. c) No clearing outside the right of way at the locations identified in Section 9.0 shall be allowed without approval. d) Provide a minimum of 1/2 inch of mulching, temporary and permanent seeding on all other disturbed areas. 3.0 Earthwork a) Sub -grade preparation shall be in accordance with GDOT specifications and these regulations. b) Provisions shall be made by the contractor to ensure adequate drainage and prevent possible damage to the work area. 4.0 Concrete work, Curb and Gutter, and Sidewalk a) All asphalt, sidewalk and curb and gutter shall be saw -cut prior to removal. b) Curb and gutter shall be Class "B" concrete (as defined by Georgia D.O.T.) and have a minimum strength of 3,000 PSI at 28 days. c) Typical curb and gutter section shall match the existing curb and gutter and follow the detail in Section 10.0 d) One-half inch expansion joints or pre -molded bituminous expansion joint material shall be provided at each tie-in point. e) Curb and gutter shall be set true to line and grade to ensure proper drainage. f) Curb ramps and detectable warning strips shall meet ADA requirements and detail in Section 10.0 g) Concrete work for speed humps and raised crosswalks shall use 3000 PSI high/early concrete reinforced with #3 bars at 12" center to center both ways, or 6 x 6 — W2.9 x W2.9 welded wire fabric. Concrete to be colored and top stamped with texture to resemble a paver pattern according to detail in section 10.0 h) Speed tablefraised crosswalk shall be per City of Milton Detail in section 10.0 i) Concrete work on roadway to be staged so that road remains open to traffic at all times. j) Inferior workmanship or unprofessional construction methods resulting in unacceptable concrete work, curb and gutter, or sidewalk will be cause for rejection of the finished work. 5.0 utilities a) The contractor shall be required to coordinate and manage any and all utility locates andlor relocations within the scope of this project. 6.0 Performance a) All work performed shall be in accordance with Georgia Department of Transportation and City of Milton Subdivision Construction Standards. The contractor will adhere to all current State and Federal construction safety regulations, including OSHA regulations. The Contractor will conform to MUTCD and the State of Georgia Department of Transportation standards for traffic control. The Contractor must maintain a safe work zone for their employees, pedestrians, and vehicular transportation. All work shall be inspected and approved by the City of Milton Department of Public Works tMDPW). 7.0 Schedule a) Project shall start within 10 calendar days of the notice to proceed and be completed in satisfactory manner, as deemed by MDPW, within 30 calendar days from the notice to proceed. 8.0 Unit Prices — RETURN THIS SHEET WITH BASE BID SHEET The city shall have the option of exercising any or all of the unit prices listed below at any point in the project. All unit price amounts shall be items furnished and installed based on the project specified materials. Item # Description TUnit Unit Price Estimate Units Estimated Price 1 Concrete speed table/raised crosswalk er details EA 1 2 Concrete speed hump per details EA 2 3 Staining and stamping concrete on speed table/raised crosswalk per detail EA 1 4 Staining and stamping concrete onspeed ump per detail EA 2 5 Raised pavement markers EA 24 6 White thermoplastic striping SY 0 7 Saw -Cut Asphalt LF 0 8 Saw -Cut Concrete LF 0 9 Concrete Sidewalk, 4" SY 0 10 Concrete Curb and Gutter, 6"x24" LF 0 11 Detectable Warning Strip (2' x 4') EA 0 12 Curb Cut Ramp EA 1 13 Temporary Mulching TN 0 14 Permanent Grass Seeding SY 0 15 Permanent Sod SY 0 9.0 Locations The proposed locations for traffic calming measures include: 1. Raised crosswalk on the White Columns Drive southbound approach to the intersection with Glen Hampton Way 2. Speed hump on White Columns Drive 50-75 ft south of the intersection with Glen Hampton Way 3. 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U ¢ o C) LaJ U i iSi3 o �'i ry14LLJ Lj n C7¢ \ ul Li • a 0 • -. • Z -•• Oz •, J - � - U '� r' 1 y W LJ w aN r F2z �p r� ~z 75 Q U'i H x k � \ / .\2 ^ tf ! &!\ u �\� ^ EMU: � \ & m� z \ \ 5 \ m ]$ E \ % < \ � +■� R 2&a K« z z MCI o� ¥.� e o ! e < § \� \ y o ,; §)§ _ OfEj | cD v \ 8 R \ \ ? w u ® � \ ` m Hill E �� \ \ zwo am% - >,a !e \ § »�_ _ r§ 2 z z, / E ,o a w o } \ ^ ® % ) § j § G cn < %9( / w �( z )n[ < § ¥ \ oG� p < b \ t )} f § § < ) § z- °2 / 2 \ (n§§ \§y \_ z\ 2 ® 6 / $� eJ ®a\L\ z < 3 /E \� 0-mLnvLd � � e \ 6\ / m 2 } ) z \®A�3 En k \ 2 z g 2 kbg g e < e_ > g/ (} § } � j\ c w W¥ L6 1 Sara Leaders From:Brent Norris [bnorris@infinityconstruction.net] Sent:Thursday, October 04, 2012 11:20 AM To:Sara Leaders Subject:Speed table Sara, I have gotten a price on a steel plate to bridge over the gutter on White Columns speed table. We propose installing a 18” wide x 6’ long ½” thick plate secured by concrete screws to the existing curb and then resting on the new speed table. They will be painted with a nonslip coating and will give you a 6” tall x 9” wide opening through each end of the table. I know I proposed something different but after review we felt like the concrete covering would not be thick enough. The cost is $1000 for the two. Give me a call to discuss. Thank you. Brent Norris 770-820-4411 Project Manager bnorris@infinityconstruction.net 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: October 12, 2012 Council Meeting Date: November 5, 2012 Agenda Item: Approval of a Professional Services Contract between Willmer Engineering, Inc. and the City of Milton to Provide Geotechnical Testing Services for the Replacement of the Cogburn Road Bridge. Discussion: Project Location---------------------------------------O Location Map This contract was to provide geotechnical testing and inspection services for the construction of the Cogburn Road Bridge. Legal Review: Jarrard & Davis, LLP – Paul Higbee 5/30/2012 Financial: Funding for this project is available in the capital Bridge Replacement Program fund. Attachments: 1. Professional Services Agreement City of Milton PROFESSIONAL SERVICES AGREEMENT -- SHORT FORM AGREEMENTS 510,000.00 OR LESS Geotechnical Testing for Cogburn Road Bridge Replacement This Professional Services Agreement (the "Agreement") is made and entered into this day of , 2012, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Wiilmer Engineering, Inc. (hereinafter referred to as the "Consultant"). WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perform the services described herein (the "Work"); and WHEREAS. Consultant has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONSULTANT AFFIDAVIT AND AGREEMENT EXHIBIT D SUBCONTRACTOR AFFIDAVIT EXHIBIT E SAVE AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Consultant shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as follows: To perform the following services, as also described in Items I and II of Exhibit "A," for the bridge replacement project for Cogburn Road over Copper Sandy Creek: 1. Foundation Installation Monitoring/Evaluation a. Shallow Foundations — verify suitability of the near surface bearing materials b. Driven Piles — monitor the pile driving and verify final set. 2, Backfill Compaction Testing a. Laboratory testing of the proposed borrow material to verify compliance with the specifications Page 1 of 4 b. Field testing of the backfill material i. Monitor material being placed to verify compliance with the specifications, ii. Perform moisture content checks to verify that the materials being placed are within the specified moisture content, iii. Monitor lift thickness of the backfill as it is being placed, iv. Perform field density testing, including check plugs, to verify the compaction. Any of Items III through V and/or Contingency in Exhibit "A" may be added to the Work by written change order pursuant to Section 4 below. Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City and shall fully complete the Work within 90 days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and. Method of Payment: City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $7,148.10 (the "Contract Price"), except as outlined in Section 4 above. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. Section G. Covenants of Consultant A. Assignment of Agreement: Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Consultant and Indemnification of City: Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Consultant shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, reasonable attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Consultant, any sub -consultant, anyone directly employed by Consultant or sub -consultant or anyone for whose negligent acts Consultant or sub -consultant may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Consultant shall not be required Page 2 of 4 to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Consultant: Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. E. Licenses Certifications and Permits: Consultant covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Consultant shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Consultant ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Consultant agrees to execute any additional documents necessary to evidence such assignment. G. Consultant's Re resentative: Jim Willmer, PE shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative. H. Confidentiality: Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub -consultants, consultants, and/or staff to likewise protect such confidential information. I. Meetings: Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon Page 3 of 4 written notice to Consultant. Provided that no damages are due to the City for Consultant's breach of this Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. D. E-VerifyAffidavits. It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Consultant shall provide evidence on City -provided forms, attached hereto as Exhibit "C" and "D", that it and Consultant's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Consultant's and Consultant's subcontractors' verification process to determine that the verification was correct and complete. The Consultant and Consultant's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Consultant to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Consultant's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Consultant shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory Consultant agrees that, in the event the Consultant employs or contracts with any subcontractor(s) in connection with this Agreement, the Consultant will secure from the subcontractor(s) such subcontractor(s) indication of the above employee -number category that is applicable to the subcontractor. Consultant's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-,02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "C." The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. E. SAVE Affidavit and Secure Verifiable Document. Pursuant to O,C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Consultant's legal status in the Page 4 of 4 Country each time that Consultant obtains a public benefit, including any contract, from the City. Consultant hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit "E", and submitted such affidavit to the City in person, electronically, or by mail. Further, Consultant verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Consultant's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Consultant verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [Willmer Engineering, Inc.] Signature: /�,e,�• �_ i.G� Printed Name: Jpio� �..• 1►L�ru t t. r?� Title: V ;AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA Toe Lockwood, Mayor Page 5 of 4 Exhibit "A" Work Description . 1111E u—".3.—c a Construction Materials Testing Services Budget Cagburn Raad Over Sandy Creek Bridge Replacement Milton, Georgia WillmerProposal No, 12.P177 (Prepared May 15, 2012) I. Foundabon knstallativn Monitoring Surf irNr w (2 visit a 8 hors per vsit? la+ileage (2 r ps(g 50 mlestp} II. Ea*511 Compaction Testing EngiD9erN Tecmid n (10 days ® 9 tmnsiday ) Standard Pnxficr Mileage i 10 tips q 50 rm ) Nuelsar aAge %nuv to days) III. Pavement Ewaulatiw� PmGh-0 - StaF EVr*er (1 vrA a 4 hxWs Ast) W CaT pwtm - Engineering TeOnidan (1 visit a 4 hrs.,'aisit) GAB MWfied Proctor Asphalt Coirlg - Ergneerirg Ted%Ndan (1 vim 9 4 hours`vsit) C -vv EOpT-V fl -ft) AsFhalt Curring (esbrrm 2, 4-irxh diarnew cores) AsO%alt Pab:;Nng Uleage (3 nips a 50 rrile f , Itf. Conavte Curia and Guteer and Sidewalks ErVneerN Tedviiaan (4 visits Q 4 hDxskisit} Cylinder pjOW - Eng*e ring Ted tkc - (3 visits : tysVs:il r--P-saws sbr-Vtt testing (4 sets p 4 tyliroersisetj Rlileage (7 trips 1Q 50 rrilest*I V. Engrneering Servioes (Problem Resolubm, Issue Poeporft. Prim -pal Car�sjtant Prged Ma -ager a3R evr'--w Tedv,KA- Reow Sp rjAist rwai r.R � ■w.c,.c t.. CernS�dR'BP ESTIMA7M TOTAL 5112,3&5-51 CORUNGENCY (Il reint creed cans ete headwalls and wingwails are used instead of precast concrete) 1. Ca3t-in�lace Canerete �ncJuefes reinforcing steel piacxrrterrt o6ler+eatinn Engits - Fsgne1a4��har-. vt) 19 t+xrs CyinvTecian 'n P wits Q 2 trs�wsi) 6noxrs C -[)'T sive wergth "+d sets (C c}Ai pets Eti Aliieage (7 trips IM 50 ntlestip; m `L Sublidu $1,60524 CONTINGENCY ESTIMATM TOTAL _S1.GD524 1 . Ck r budge assumes &Ot the oarttrasnr has adegLme o ewa6ereng rneasu es in phage to maintain dry ;kxundaton excavation and proper+y shwo any ew-wroris. 2. &xe i udaet assumes tot doe iseadwals a,4 will be teczsl Owure{e. A omD a -I s evem the �Ils are rast-n pig . 5 g n9enq c prT aed in the 3 . Addrbonah budget may be tew ed h? tarmac 'i actual cnnstrvction schedule r�-W aes addhbonai v Ar,. 4, Budget est mate pneparea by Reid OvjErr, PE am rev*wved by Janes Wilimer. PE. 37f2Pleasara3a4e Raad-.^xAe ia5 Aliarrta. GA 3m4U [P) 770-QXMW (Fj TM-R'g-42x Exhibit "B" Insurance Certificate Exhibit "B" Insurance Certificate ACRD CERTIFICATE OF LIABILITY INSURANCE D IOOIYYYY} 7//23/23/ 2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Insurance Brokerage 450 Northridge Parkway Suite 102 CONTACT NAME: Jerry Noyola PHONE (770}552-4225 AX N (966)550-4082 E-MAIL .jerry.noyola@greyling,coin INSURER $ AFFORDING COVERAGE NAIC # Atlanta GA 30350 INSURER A;Lexin ton Insurance Company 19437 INSURED INSURER 8 ; Willmer Engineering, Inc. INSURERC; 3772 Pleasantdale Road INSURERS: Suite 1655 INSURER E: Atlanta GA 30340 INSURER F GUVERAGES CERTIFICATE NUMBER.11-12 RFVISInN NI IINfRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE 4F INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS GENERAL ILIA 51LITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY DAMAGE PREMISES Ea occurrence 5 MED EXP (Any one person) 5 CLAIMS•MADE F1 OCCUR PERSONAL & ADV INJURY S GENERAL AGGREGATE 5 GEN'L AGGREGATE LIMIT APPLIES PER: Oft OC UCTS - COM PIOP AGG 5 POLICY I I PRO LOC 5 AUTOM 001LE LIABILITY INE❑ sIrJGLE LIMIT Ea n—den• 5 BODILY INJURY (Per person) S ANY AUTO ALL OWNED SCHEDULE❑ AUTOS AUTOS BODILY INJURY [Per accident} 3 NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per acciden[ 5 $ UM13RELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS -MADE AGGREGATE S OED RETENTION $ S WORKERS COMPENSATION WC STAT U- OTH- AND EMPLOYERS' LIABILITY YI NIQEY ANY PROPR:ETORIPARTNERIEXECUTIVE OFF,CER•`MEMBER EXCWOEDa ❑ NIA E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ INlandatory In NH} Ifyes. describe Under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability 016017297 8/10/2011 8 /10/2012 Per Claim $2,000,000 Aggregate $3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES [Attach ACORD 761, Additional Remarks Schedule, irmore space Is required} Re: Project — Cogburn Road Over Sandy Creek Bridge Replacement, Milton, GA, (,tR I IFiGA It HOLDER CANCFI I ATInN Mk. _Ircu LJ Icv IUFUD) INSn2i; oninnFS n+ fl 9988-2010 ACORD CORPORATION. All rights reserved. Tisa Ar r)Pr1 nomp and Immn aro r nictnrorl marlrc of pf:r)Pr1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton ACCORDANCE WITH THE POLICY PROVISIONS. Jim Seeba AUTHORIZED REPRESENTATIVE 1865 Highgrove Club Drive Alpharetta, GA 30004 ,7oshua Howell/JERRY Mk. _Ircu LJ Icv IUFUD) INSn2i; oninnFS n+ fl 9988-2010 ACORD CORPORATION. All rights reserved. Tisa Ar r)Pr1 nomp and Immn aro r nictnrorl marlrc of pf:r)Pr1 STATE OF Cry=EORGIA CITY OF MILTON EXHIBIT "C" CONSU- LTA N.p AFFIDA VIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, suiting affirmatively that the individual, Firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in 0 C,G.A, § 13-10-91, The under:signed further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C,G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.0$ in the form provided by the City. Consultant further agrees to maintain records of such compliance and provide a copy of each stick verification to the City of Milton at the time the subcontractor(s) is retained to perforin such service. 1-1--l-3-2- EEV 1 Basic Pilot Program User Identification Number r ■ I BY: Authorized Officer or Agent Date Willmer Engineering. Inc. Title of Authorized Officer or Agent. of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN RE -FORE ME ON THIS THE DAY OF , 2012 SON Notary Public �:• .'•�- My Coni issin Expires:? o v. 0 'Raw •at T zo = o e��' � . a a • + �'•. vNiY � G'w,. STATE OF GIEORGIA CITY OF MILTON EXHIBIT "I7" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C,G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the phytiical performance of services under a contract with Wilimer Engineering, Inc. on behalf of the City of Milton hasrcoistered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. 14-73�S2. E E V 1 Basic Pilot Program User Identification Number `�. A BY: Authorized Officer or Agent Date Insert Subcomi-actor Name Tr- e—�I Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN i3EFORE ME ON THIS THE DAY OF , 2012 Q,Ecld�' Notary PL]b is My Commission Expires: 10/,.>*:�? n�h ��,,Letttr►►�� '4 r ��a.�� STATE OF GEORGIA CITY OF MILTON EXHIBIT "E" SAVE AFFIDAVIT By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1)_ I am a United States citizen. 2) I am a legal permanent resident of the United States. 3) 1 am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in A (city), Coli GIA (state). Sig tune of Applicant -� L . alis -LA ff t_ Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ONTHIS THE ��►p����m�1r DAY OF _- , 2012���' ■ awjL NOTARY PUBLIC My Commission Expires: r City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: October 24, 2012 Council Date: November 5, 2012 Agenda Item: Approval of a Right of Way Mowing and Maintenance Agreement by and between the Georgia Department of Transportation and City of Milton for Project PI 0005448 SR 372/Birmingham Highway at Providence Road Roundabout Location Map Discussion: The intersection of SR 372/Birmingham Highway and Providence Rd will be improved by installing a roundabout. This is a Georgia Department of Transportation (GDOT) project that is funded by 80% Federal funds and 20% Local funds. As part of the final plans, GDOT requires a right of way mowing and maintenance agreement to be signed by the local government. In the concept phase of the project, the City provided a letter of support for the roundabout including maintenance of landscaping. The City and their Project Location City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 consultants have designed the project and are currently acquiring right of way for the project. GDOT will let the project for construction. The work plan addresses the following items related to maintenance in the center island of the roundabout: - Watering - Pruning - Plant Replacement - Weeding - Mowing and Trimming of Grass - Mulching - Litter Legal Review: Paul Higbee, Jarrard & Davis on 9/25/12 Attachments: 1. Agreement Pl 0005448 _ City of Wilton September 20, 2012 Rev: September 13, 2010 RIGHT OF WAY MOWING AND MAINTENANCE AGREEMENT By and Between THE GEORGIA DEPARTMENT OF TRANSPORTATION AND CITY OF MILTON THIS AGREEMENT made and entered into this day of , 20 by and between the DEPARTMENT of Transportation, an agency of the State of Georgia, hereinafter alternately referred to as "DEPARTMENT" or "LICENSOR", and the City of Milton hereinafter referred to as "LICENSEE". WHEREAS, the DEPARTMENT desires to enter into a public/private partnership to perform certain services relating to mowing and maintenance within DEPARTMENT'S right of way, hereinafter called the "PROJECT", and WHEREAS, the LICENSEE has represented to the DEPARTMENT that, if such permission is granted to the LICENSEE, LICENSEE shall bear all costs and liability associated with the PROJECT; and WHEREAS, the LICENSEE has represented to the DEPARTMENT that they are qualified and experienced to provide such services and the DEPARTMENT has relied upon such representations; NOW, THEREFORE, for and in consideration of the mutual promises and covenants as herein contained, it is agreed by and between the parties hereto that: PI 0005448 - Uy of Milton September 20, 2412 ARTICLE I SCOPE OF PROJECT The DEPARTMENT shall permit the LICENSEE to perform or cause to be performed, the PROJECT consisting of certain services related to maintaining an identified section of the DEPARTMENT'S rights of way. This permission shall be granted by the means of this Agreement for the entire scope of the PROJECT, as set forth herein. The maintenance duties and responsibilities of the LICENSEE are defined and set forth in Article XI — MAINTENANCE WORK PLAN of this Agreement, and further enumerated and described in Exhibit 'A'— Application and Permit for Special Encroachment with approved drawings or final working drawings for a Department -approved construction PROJECT. Exhibit `A' is attached hereto and incorporated by reference as if fully set out herein. The PROJECT location shall be defined or delineated as part of Exhibit `A'. The required Special Encroachment Permit and/or the construction PROJECT final working drawings are to be approved or issued by the DEPARTMENT. Should the LICENSEE desire that these maintenance services be performed by a third party, LICENSEE and the third party shall enter into subsequent agreement, whereby the LICENSEE shall assume all responsibility of repayment to the third party for those services to be rendered as set forth in Article XI - MAINTENANCE WORK PLAN. The Agreement between LICENSEE and any third parties to this Agreement, shall meet all operational and administrative requirements, including the provisions of liability insurance, set forth by the DEPARTMENT, and all liability associated with the PROJECT shall be borne by LICENSEE and any third parties, as set forth in Article VIII, herein. PI 0005448 - City of Milton September 20, 2012 ARTICLE II EXECUTION OF CONTRACT AND AU'T'HORIZATION TIME OF PERFORMANCE Time is of the essence in this agreement. The LICENSEE shall execute this Agreement and return it to the DEPARTMENT within thirty (30) days after receipt of contract forms from the DEPARTMENT. 1 The LICENSEE shall begin work on the PROJECT under this Agreement immediately after receiving a signed and executed copy of the Agreement (unless noted otherwise in Exhibit A or upon PROJECT construction completion), Subject to the terms and conditions set forth in this Agreement, and upon execution of this Agreement, the DEPARTMENT grants the right to the LICENSEE to mow, edge, and maintain, as set forth in Article XI- MAINTENANCE WORK PLAN, that specific section of right -of. --way identified in this Agreement, and herein defined as the PROJECT. The duration of this Agreement shall not exceed fifty years from the date above first written unless terminated sooner by the DEPARTMENT or LICENSEE. ARTICLE III SUBSTANTIAL CHANGES If, prior to the satisfactory completion of the services under this Agreement, any parry materially alters the scope, character or complexity of the services from those required under the Agreement, a Supplemental Agreement shall be executed between the parties. It is understood, however, that LICENSEE shall not engage in any activities or conduct any work which would be considered to be outside the scope of the permission granted to LICENSEE by the DEPARTMENT. Minor changes in the work which do not involve increased compensation, extensions of time or changes in the goals and objectives of the work may be made by written notification of such change by any party with written approval by the other parties. PI 0005448 - City of Milton September 24, 2012 ARTICLE IV ASSIGNMENT It is understood by the LICENSEE that the work is considered personal and, except as provided for in Article 1, LICENSEE agrees not to assign, sublet or transfer any or all of their interest in this Agreement without prior written approval of the DEPARTMENT. ARTICLE V CONTRACT DISPUTES This Agreement shall be deemed to have been executed in Fulton County, Georgia, without reference to its choice of law doctrine, and all questions of interpretation and construction shall be governed by the laws of the State of Georgia. Any litigation arising out of this contract shall be commenced within the State of Georgia. The foregoing provisions shall not be construed as waiving any immunity to suit or liability, including without limitation, sovereign immunity which may be available to the Department. ARTICLE VI INSURANCE Prior to beginning work, the LICENSEE shall obtain and certify to the DEPARTMENT that it has the following minimum amounts of insurance coverage for anyone that will be working on the right of way: (a) Workmen's Compensation Insurance in accordance with the laws of the State of Georgia. (b) Public Liability Insurance in an amount of not less than one hundred thousand dollars ($100,000) for injuries, including those resulting in death to any one person, and in an amount of not less than three hundred thousand dollars ($300,000) on an account of any one occurrence, or proof of self insurance. PI 0005448 - City of Milton September 20. 2012 (c) Property -Damage Insurance in an amount of not less than fifty thousand dollars ($50,000) from damages on account of any occurrence, with an aggregate limit of one hundred thousand dollars ($100,000), or proof of self insurance. (d) Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the PROJECT. (e) Insurance shall be maintained in full force and effect during the life of the PROJECT. The LICENSEE shall furnish upon request to the DEPARTMENT, certificates of insurance evidencing such coverage. These certificates shall also provide that the insurance will not be modified or canceled without a 30 day prior written notice to the DEPARTMENT. Failure by the LICENSEE to procure and maintain the insurance as set forth above shall be considered a default and cause for termination of this Agreement and forfeiture of the Performance and Payment Bonds. The LICENSEE shall, at least fifteen (15) days prior to the expiration date or dates of expiring policies, deposit certified copies of renewal, or new policies, or other acceptable evidence of insurance with the DEPARTMENT. ARTICLE VII COMPENSATION It is agreed that LICENSEE shall conduct all work at no cost to the DEPARTMENT, and without compensation from the DEPARTMENT, It is further agreed that any and all issues relating to compensation and payment shall be resolved by and between LICENSEE and any successors, subcontractors, or assigns thereto. The DEPARTMENT and LICENSEE further agree that, should the DEPARTMENT be required to conduct any inspections and/or supervision of the PROTECT beyond that which would normally occur in the ordinary course of the DEPARTMENT'S maintenance activities, LICENSEE shall reimburse the DEPARTMENT for such inspection and supervision. The rate of reimbursement for the DEPARTMENT'S inspection and supervision shall in no case exceed a rate determined to be reasonable by the parties. Should LICENSEE and the DEPARTMENT desire to change this agreement at a later date to provide for compensation to LICENSEE, or any successors or assigns thereto, such QI 0005448 - City of Milton September 20, 2012 change shall only be permitted by a supplemental agreement as set forth in Article III herein. Any supplemental agreements involving compensation shall be subject to the DEPARTMENT review and approval. ARTICLE VIII RESPONSIBILITY FOR CLAIMS AND LIABILITY LICENSEE NOT AGENT OF DEPARTMENT LICENSEE, and all successors and assigns thereto, shall save harmless the DEPARTMENT, its officers, agents, and employees from all suits, claims, actions or damages of any nature whatsoever resulting from the performance of work assigned to LICENSEE under this Agreement. LICENSEE further agrees that they shall be fully responsible for injury or damage to landscaping, landscape related items, and any other non-standard and decorative elements installed by or for the LICENSEE within the right of way, and for any damage to the DEPARTMENT'S signs, structures, or roadway fixtures, if LICENSEE causes the damage. These indemnities shall not be limited by reason of the listing of any insurance coverage. It is further understood and agreed that LICENSEE, or any successor or assigns thereto, in the conduct of any work involved in the PROJECT, shall not be considered the agent of the DEPARTMENT or of the State of Georgia. ARTICLE IX TERMINATION OF CONTRACT The DEPARTMENT may terminate this contract for just cause at any time by giving of thirty (34) days written notice of such termination. Upon receipt of such notice of termination, LICENSEE shall discontinue and cause all work under this contract to terminate upon the date specified in the said notice. In the event of such termination, the DEPARTMENT shall be paid for any amounts as may be due it as specified in Article VII up to and including the specified date of termination. LICENSEE shall have the right to terminate this contract at any time, provided that such termination is first approved by the DEPARTMENT, and that the DEPARTMENT is reimbursed in full for all services rendered pursuant to Article VTI. PI 0005448 - City of Milton September 20, 2012 The DEPARTMENT and LICENSEE further agree that, should the DEPARTMENT allow the LICENSEE to terminate the agreement, the termination, unless determined otherwise in writing by the DEPARTMENT, shall be contingent upon the following: A. The LICENSEE, at the discretion of the DEPARTMENT, removing the planted landscaping, landscape related items, and any other non-standard and decorative elements that were installed by or for the LICENSEE at no cost to the DEPARTMENT. B. The LICENSEE restoring the removed landscape areas to their original condition or a condition that meets federal standards and is acceptable to the DEPARTMENT. C. The LICENSEE restoring the removed non-standard and decorative elements with standard DEPARTMENT elements that meet federal and state requirements. D. The LICENSEE reimbursing the DEPARTMENT in full any state and/or federal funds used to purchase and install the landscaping, landscape related items, and other non- standard and decorative elements that are no longer to be maintained by the LICENSEE. E. No reimbursal is required for termination of agreements for Mowing Only. The DEPARTMENT and the LICENSEE agree that, should the LICENSEE fail to perform the maintenance, as set forth in Article XI - MAINTENANCE WORK PLAN, the DEPARTMENT may require the LICENSEE to remove, restore, and reimburse according to items "A", "B", "C", and "D" above, as applicable, and then terminate the agreement. ARTICLE X COMPLIANCE WITH APPLICABLE LAW The undersigned certify that: A. This Agreement is subject to applicable state and federal laws, standards, and rules and regulations. S. The provisions of Sections 45-10-20 through 45-10-28 of the Official Code of Georgia Annotated relating to Conflict of Interest and State Employees and Officials Trading with the State have been complied with in full. C. The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the "Drug -Free Workplace Act" have been complied with in full. PI 0005448 - City of Milton September 20, 2012 ARTICLE XI MAINTENANCE WORK PLAN For all maintenance activities, at a minimum, abide by the Federal Manual of Uniform Traffic Control Devices (M-UTCD) standards, current edition, for temporary traffic control. Move equipment or materials on or across a traveled way in a manner as not to unduly interfere with traffic. Watering • Provide adequate water to maintain healthy plant material • Water in a manner that it does not endanger pedestrian or vehicular traffic ■ Water according to the state or local government restrictions Pruning ■ Remove dead or diseased planted vegetation. • Prune trees, shrubs and ground covers to maintain the health of the plants and to maintain in the intended design character of the plant (no stump pruning or lollipop/ball shapes) • Prune trees, shrubs, and ground covers as needed to remove damage by storm or accident events and to prevent safety hazards. Prune to rnaintain open sight distances, clear zone areas and traffic sign visibility. Provide clearance for pedestrian and vehicular traffic mobility. • Prune according to American National Standards Institute, latest edition, A300 Part i pruning standards Plant Replacement • Replacement of dead or diseased vegetation of planted material within the project limits is the responsibility of the LICENSEE ■ Replacement plant material must be according to the Department's landscaping policy 6755-9 and Special Provision Section 702. Weeding • Maintain right of way free of weeds, exotic and invasive pest plants, undesired vegetation and other noxious weeds ■ All Pesticide/Herbicide use shall be under the direct supervision of someone with the appropriate Commercial Category 27 (right of way use) license. • When pesticides herbicides are being applied the person applying shall have in their possession all labeling associated with the pesticide/herbicide and their license/certification. Post warning signs for pesticide/herbicide use as required by state code. Mowing and trimming of grass • Maintain a neat appearance and clear sight lines for pedestrian and vehicular traffic. Mulching Replace mulch in plant beds as needed to maintain an attractive, fresh look at a 2-3" depth Maintain mulch so that it will not spread or wash on to pedestrian paths or traveled lanes AI 0005448 - City of Milton September 20, 2072 Litter • Completely remove all litter and debris and other objectionable material on site. • Do not deposit or blow litter, debris and vegetation into gutters or drainage structures. ■ Make disposal in accordance with local and state laws. ■ Remove all graffiti within project limits NOTE: All major maintenance repair activities and activities that may interfere with traffic or pedestrian flow within the right of way project limits, such as travel lanelwalkway closures, require the LICENSEE notify the Department at least 48 hours prior to the activity to coordinate and gain Department approval, P1 0005"S - City of Milton September 20, 2092 The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, said parties have hereunto set their hand and affixed their seals the day and year above first written. GEORGIA DEPARTMENT OF TRANSPORTATION Commissioner or designee ATTEST: Angela Whitworth Treasurer LICENSEE: (Title) Sworn to before me this day of _ , 20 NOTARY PUBLIC My commission expires , 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: October 17, 2012 Council Meeting Date: November 5, 2012 Agenda Item: Approval of a Right of Way Mowing and Maintenance Agreement between the City of Milton and Georgia Department of Transportation. Discussion: The right of way mowing and maintenance agreement is a standard GDOT document required as part of the right of way encroachment permit process. This agreement is related to the encroachment permit for the Highway 9 Public Safety Facility and requires the c ity to mow and maintain the right of way in front of that building, as we currently do as the owners of the property. Execution of the agreement is necessary to complete our permit process to allow the connection of the access driveway to Cambridge High School as well as our future connection for the public safety facility. Legal Review: Jarrard & Davis, LLP – Paul Higbee 10/9/2012 Financial: N/A Attachments: 1. Right of Way Mowing and Maintenance Agreement Rev: May 21, 2010 RIGHT OF WAY MOWING AND MAINTENANCE AGREEMENT By and Between THE GEORGIA DEPARTMENT OF TRANSPORTATION AND City of Milton Perrnit no. 10-2012-035-121, AMPS 753923, Fulton County, SR 9, MP 28.67; City of Milton THIS AGREEMENT made and entered into this day of .)20 by and between the DEPARTMENT of Transportation, an agency of the State of Georgia, hereinafter alternately referred to as "DEPARTMENT" or "LICENSOR", and the City of Milton hereinafter referred to as "LICENSEE". WHEREAS, the DEPARTMENT desires to enter into a public/private partnership to perforin certain services relating to mowing and maintenance within DEPARTMENT'S right of way, hereinafter called the "PROJECT", and WHEREAS, the LICENSEE has represented to the DEPARTMENT that, if such permission is granted to the LICENSEE, LICENSEE shall bear all costs and liability associated with the PROJECT; and WHEREAS, the LICENSEE has represented to the DEPARTMENT that they are qualified and experienced to provide such services and the DEPARTMENT has relied upon such representations; NOW, THEREFORE, for and in consideration of the mutual promises and covenants as herein contained, it is agreed by and between the parties hereto that: ARTICLE I SCOPE OF PROJECT The DEPARTMENT shall permit the LICENSEE to perform or cause to be performed, the PROJECT consisting of certain services related to maintaining an identified section of the DEPARTMENT'S rights of way. This permission shall be granted by the means of this Agreement for the entire scope of the PROJECT, as set forth herein. The maintenance duties and responsibilities of the LICENSEE are defined and set forth in Article XT — MAINTENANCE WORK PLAN of this Agreement, and further enumerated and described in Exhibit `A' — Application and Permit for Special Encroachment with approved drawings or final working drawings for a Department -approved construction PROJECT. Exhibit `A' is attached hereto and incorporated by reference as if fully set out herein. The PROJECT location shall be defined or delineated as part of Exhibit `A'. The required Special Encroachment Permit and/or the construction PROJECT final working drawings are to be approved or issued by the DEPARTMENT. Should the LICENSEE desire that these maintenance services be performed by a third party, LICENSEE and the third party shall enter into subsequent agreement, whereby the LICENSEE shall assume all responsibility of repayment to the third party for those services to be rendered as set forth in Article XI - MAINTENANCE WORK PLAN. The Agreement between LICENSEE and any third parties to this Agreement, shall meet all operational and administrative requirements, including the provisions of liability insurance, set forth by the DEPARTMENT, and all liability associated with the PROJECT shall be borne by LICENSEE and any third parties, as set forth in Article VIII, herein, ARTICLE II EXECUTION OF CONTRACT AND AUTHORIZATION TIME OF PERFORMANCE Time is of the essence in this agreement. The LICENSEE shall execute this Agreement and return it to the DEPARTMENT within thirty (30) days after receipt of contract forms from the DEPARTMENT. The LICENSEE shall begin work on the PROJECT under this Agreement immediately after receiving a signed and executed copy of the Agreement (unless noted otherwise in Exhibit A or upon PROJECT construction completion). Subject to the terms and conditions set forth in this Agreement, and upon execution of this Agreement, the DEPARTMENT grants the right to the LICENSEE to mow, edge, and maintain, as set forth in Article XI- MAINTENANCE WORK PLAN, that specific section of right-of-way identified in this Agreement, and herein defined as the PROJECT. The duration of this Agreement shall be for fifty years from the date above first written unless terminated sooner by the DEPARTMENT or LICENSEE. ARTICLE III SUBSTANTIAL CHANGES If, prior to the satisfactory completion of the services under this Agreement, any party materially alters the scope, character or complexity of the services from those required under the Agreement, a Supplemental Agreement shall be executed between the parties. It is understood, however, that LICENSEE shall not engage in any activities or conduct any work which would be considered to be outside the scope of the permission granted to LICENSEE by the DEPARTMENT, Minor changes in the work which do not involve increased compensation, extensions of time or changes in the goals and objectives of the work may be made by written notification of such change by any party with written approval by the other parties. ARTICLE IV ASSIGNMENT It is understood by the LICENSEE that the work is considered personal and, except as provided for in Article I, LICENSEE agrees not to assign, sublet or transfer any or all of their interest in this Agreement without prior written approval of the DEPARTMENT. F�11 W WA CONTRACT DISPUTES This Agreement shall be deemed to have been executed in Fulton County, Georgia, without reference to its choice of law doctrine, and all questions of interpretation and construction shall be governed by the laws of the State of Georgia. Any litigation arising out of this contract shall be commenced within the State of Georgia. The foregoing provisions shall not be construed as waiving any immunity to suit or liability, including without limitation, sovereign immunity which may be available to the Department. ARTICLE VI INSURANCE Prior to beginning work, the LICENSEE shall obtain and certify to the DEPARTMENT that it has the following minimum amounts of insurance coverage: (a) Workmen's Compensation Insurance in accordance with the laws of the State of Georgia. (b) Public Liabilit Insurance in an amount of not less than one hundred thousand dollars ($100,000) for injuries, including those resulting in death to any one person, and in an amount of not less than three hundred thousand dollars ($300,000) on an account of any one occurrence, or proof of self insurance. (c) Property Damage Insurance in an amount of not less than fifty thousand dollars {$50,000} from damages on account of any occurrence, with an aggregate limit of one hundred thousand dollars ($100,000), or proof of self insurance. (d) Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the PROJECT. (e) Insurance shall be maintained in full force and effect during the life of the PROTECT. The LICENSEE shall furnish upon request to the DEPARTMENT, certificates of insurance evidencing such coverage. These certificates shall also provide that the insurance will not be modified or canceled without a 30 day prior written notice to the DEPARTMENT. Failure by the LICENSEE to procure and maintain the insurance as set forth above shall be considered a default and cause for termination of this Agreement and forfeiture of the Performance and Payment Bonds. The LICENSEE shall, at least fifteen (1 S) days prior to the expiration date or dates of expiring policies, deposit certified copies of renewal, or new policies, or other acceptable evidence of insurance with the DEPARTMENT. ARTICLE VII COMPENSATION It is agreed that LICENSEE shall conduct all work at no cost to the DEPARTMENT, and without compensation from the DEPARTMENT. It is further agreed that any and all issues relating to compensation and payment shall be resolved by and between LICENSEE and any successors, subcontractors, or assigns thereto. The DEPARTMENT and LICENSEE further agree that, should the DEPARTMENT be required to conduct any inspections and/or supervision of the PROJECT beyond that which would normally occur in the ordinary course of the DEPARTMENT'S maintenance activities, LICENSEE shall reimburse the DEPARTMENT for such inspection and supervision. The rate of reimbursement for the DEPARTMENT'S inspection and supervision shall in no case exceed a rate determined to be reasonable by the parties. Should LICENSEE and the DEPARTMENT desire to change this agreement at a later date to provide for compensation to LICENSEE, or any successors or assigns thereto, such change shall only be permitted by a supplemental agreement as set forth in Article III herein. Any supplemental agreements involving compensation shall be subject to the DEPARTMENT review and approval. ARTICLE VIII RESPONSIBILITY FOR CLAIMS AND LIABILITY LICENSEE NOT AGENT OF DEPARTMENT LICENSEE, and all successors and assigns thereto, shall save harmless the DEPARTMENT, its officers, agents, and employees from all suits, claims, actions or damages of any nature whatsoever resulting from the performance of work assigned to LICENSEE under this Agreement. LICENSEE further agrees that they shall be fully responsible for injury or damage to landscaping, landscape related items, and any other non-standard and decorative elements installed by or for the LICENSEE within the right of way, and for any damage to the DEPARTMENT'S signs, structures, or roadway fixtures, if LICENSEE causes the damage. These indemnities shall not be limited by reason of the listing of any insurance coverage. It is further understood and agreed that LICENSEE, or any successor or assigns thereto, in the conduct of any work involved in the PROJECT, shall not be considered the agent of the DEPARTMENT or of the State of Georgia. ARTICLE IX TERMINATION OF CONTRACT The DEPARTMENT may terminate this contract for just cause at any time by giving of thirty (30) days written notice of such termination. Upon receipt of such notice of termination, LICENSEE shall discontinue and cause all work under this contract to terminate upon the date specified in the said notice. In the event of such termination, the DEPARTMENT shall be paid for any amounts as may be due it as specified in Article VII up to and including the specified date of termination. LICENSEE shall have the right to terminate this contract at any time, provided that such termination is first approved by the DEPARTMENT, and that the DEPARTMENT is reimbursed in full for all services rendered pursuant to Article VII. The DEPARTMENT and LICENSEE further agree that, should the DEPARTMENT allow the LICENSEE to terminate the agreement, the termination, unless determined otherwise in writing by the DEPARTMENT, shall be contingent upon the following: A, The LICENSEE, at the discretion of the DEPARTMENT, removing the planted landscaping, landscape related items, and any other non-standard and decorative elements that were installed by or for the LICENSEE at no cost to the DEPARTMENT. B. The LICENSEE restoring the removed landscape areas to their original condition or a condition that meets federal standards and is acceptable to the DEPARTMENT. C. The LICENSEE restoring the removed non-standard and decorative elements with standard DEPARTMENT elements that meet federal and state requirements. D. The LICENSEE reimbursing the DEPARTMENT in full any state and/or federal funds used to purchase and install the landscaping, landscape related items, and other non- standard and decorative elements that are no longer to be maintained by the LICENSEE. The DEPARTMENT and the LICENSEE agree that, should the LICENSEE fail to perforin the maintenance, as set forth in Article XI - MAINTENANCE WORK PLAN, the DEPARTMENT may require the LICENSEE to remove, restore, and reimburse according to items "A", "B", "C", and "D" above, as applicable, and then terminate the agreement. ARTICLE X COMPLIANCE WITH APPLICABLE LAW The undersigned certify that: A. This Agreement is subject to applicable state and federal laws, standards, and rules and regulations. B. The provisions of Sections 45-10-20 through 45-10-25 of the Official Code of Georgia Annotated relating to Conflict of Interest and State Employees and Officials Trading with the State have been complied with in full. C. The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the "Drug -Free Workplace Act" have been complied with in full. ARTICLE XI MAINTENANCE WORK PLAN Routine maintenance of grass area in right of way 4. hP� •\`I ' I fi i j f •I � STRIPING SHcXN ON HU r ° 15 FROM AERIAL �,PHOTOGI;,APWY AND 15 TO 1 f f ['BE USED FO, REFERENCE -�� PURPDS5 ONLY_ IRIHATCH - NOT TO 5CALE NEW PRQPERT LINE-R/W PER DB 44737 PG -456lI rI T" - f E Lo _— APn��PARENT EXI$bNG R W LINE 41c), Om CL r'; l PILF OF PROPERTY 4 -- PER GDQT r j s,l �! 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LLLJNERVY ASPHAL T FLA PRWYs ED-- LOHCF�TR CC,CF£SE WALK SAL DETAIL 24-HOUn CONTACT I K DETAILSCARTER LUCAS IHEEOCEELCXAIRI HAMi1P5 "° A3 PUBLIC WORKS DIRECTOR CITY OF MILTON 40'R ,l r -L fr3 r )I CONCRETEr ISLAND S' GUIDE DOT CRO55UJALK (TYPJ CONCRETEI 15LAND STRIFING (TYP) TUE IfTILIrlE6 i14MM ARE SHCUN FGR Z!E CONTR2AGIpRS C4"NENONLY. THERE MAY 5E OTHER UTLITIES NOT BHOL'N LN THESE FLAWS. THE PESGH PRGFE^..SONAL A85�5 ND RESP CMIBILITY FOR TWE LOCATIONS SW404 AID IT 54ALL BE THE CZHTRA.CTOR5 REEPCNS]BILITY TO VERIFY THE LOCATIONS CF UTILITIES WITHIN re L]-IIT5 OF THE OLR< D.45ACZ TO FXISfM RTILITHE6 9Y TFE CCNTRA.OrOR, PROs, R& HER OPEPAIM6• HWALL BE THE SOLE REWOHSISILIrY OF THE CCRTRACT012 CONTRACTOR SHALL Ff FE£PCTA5I15LE TO 5ECURE THE 6ERNC3 CF A PRIVATE IITILITT LOCATOR HPoY DURMG THE ERTIRE COURSE OF LCN54HJCTM CCNTR4CroR 5f!AlL PAY FOR 5Al) °..EI2VILE5. CC TRACTOR SHALL REPAIR ALL UTILfTF_$ BAHAGEA DY CO A6TRCCTION ACTIVITIES. AT NO ADDITIONAL =151 TO THE aWER/DEYELOPER UTILITIES PROTECTION CENTER TI.'71iT GEOR IA 1-500-757.7.411 TwnE WOWIWG PAY5 BEoRE You TRIG CONTRACTOR SHWL BE REWCNrNN E FOR C4t•PACTIGN OF BACIPTILL OF ALL UTILITY TREHCNES Iu THIH SITE DOW LIMITS, THIS @ELUDE$ JRBW_VW 6 DLU AHIP BAOITILLED BY 4-4 UTILITIES, SUL34 A$ FULEg fs4$, TELEPHO,E• ETC. [.OMTRACTOR SHALL P( OIv AE)DITIcn4L aALr, -ILL AND COMPACTION A5 NECESSARY, IF SETTLET1EIJr 000 XRS. DO NOT E)UPLICA7E pRtsWINGS i w c La VJ D.7 cz a or h*"qw L+*7�q.'mru �(' TSTeR19 a 60 • w Lu CD C J c cn _j � Q ar�� 0 �o = 4,4a 0 Z(1)v6 ct ILD W LL. m m REVISIONS Ha.DATE DESCRIPTION CL a C rJ aaLs,L7 2 3 BLP, IHC. PRWECT NO: 0803 BATE: ;~' 3 NWN', RE] U s-. ]M 4 m a. v NOT RELEASED FOR A4 CONSTRUCTION .i SUBMITTALS CL a C rJ aaLs,L7 2 3 BLP, IHC. PRWECT NO: 0803 BATE: 04-07401 DRAWING 5Y: NWN', RE] CHECKED BY: ]M HVVY 9 CONNECTION GRADING. DRAINAGE, & ES&PC PLAN nnnT9 The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, said parties have hereunto set their hand and affixed their seals the day and year above first written. GEORGIA DEPARTMENT OF TRANSPORTATION Commissioner or designee ATTEST: Angela Whitworth Treasurer LICENSEE: (Title) Sworn to before me this day of , 20 NOTARY PUBLIC My commission expires City of Milton 13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: November 5, 2012 Council Meeting Agenda Items: Approval of a Professional Services Agreement between the City of Milton and Mauldin & Jenkins, LLC for External Auditing Background: The current auditing services agreement with Mauldin & Jenkins, LLC has expired requiring the City to issue a Request for Proposal (RFP) to fulfill these services. Responses were received from five different auditing firms and were evaluated by a two-person team: Stacey Inglis, Finance Director, and Rick Pearce, Budget and Procurement Manager. Discussion: The first phase of the proposal evaluation consisted of reviewing the written responses and scoring them based on a set of criteria described in the RFP. The pricing proposals were then taken into consideration. Three firms were chosen to continue on to phase two: face-to-face interviews. The three firms consisted of the two highest scoring on the technical proposals and the one that submitted the lowest pricing proposal. Mauldin & Jenkins, LLC stood out as the one firm that will best meet our needs in services offered. For the five-year term of the contract, the “not-to-exceed” fees for auditing services are as follows: September 30, 2012 $ 30,500 September 30, 2013 $ 30,500 September 30, 2014 $ 31,500 September 30, 2015 $ 32,000 September 30, 2016 $ 32,500 Total $157,000 Included in the pricing proposal are fees for the general audit, a Single Audit (if needed) and an audit for a component unit. For fiscal year 2012, there will not be a need for a Single Audit; however, with the creation of the Public Building and Facilities Authority, we will need a component unit audit. Attachments: External Auditing Services Agreement Concurrent Review: Ken Jarrard, Attorney Chris Lagerbloom, City Manager PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is effective as of this 5th day of November, 2012, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Council of the City of Milton (“City"), and Mauldin & Jenkins, LLC. a Georgia Corporation, ("Firm"), collectively referred to as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain Firm to provide certain services generally described as external auditing services (the “Work”); and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement; and WHEREAS, the Firm has represented that it is qualified by training and experience to perform the Work; and WHEREAS, the Firm desires to perform the Work under the terms and conditions set forth in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and NOW, THEREFORE, the Parties hereto do mutually agree as follows: 1. SCOPE OF SERVICES AND TERMINATION DATE 1.1. Scope of Services The Firm agrees to provide the Work and comply with all requirements specified in the RFP, a copy of which is attached hereto as Exhibit “A” and incorporated herein, and provide the Work as may additionally be specified in the Firm’s Proposal attached hereto as Exhibit “B” and incorporated herein, in accordance with the terms and conditions of this agreement. The specifications are hereby made a part of this agreement by reference. 1.2. Schedule, Completion Date, and Term of Agreement The contract term is for a period of five (5) years from the effective date. The initial term of this contract shall be for one (1) year from the effective date with automatic annual renewals, unless terminated earlier in accordance with the termination provisions of this contract. Additional renewals of the contract, by mutual agreement of both parties, may be made at one- year intervals or any interval that is advantageous to the City, not to exceed a total of two (2) years, at the option of the City. 2. WORK CHANGES 2.1. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Firm and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. 2.2. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Firm. 2.3. The City Manager has authority to execute without further action of the City of Milton Mayor and Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement, as set forth in Section 3.2 below. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $25,000 must be approved by resolution of the City of Milton Mayor and Council. 3. COMPENSATION AND METHOD OF PAYMENT 3.1. City agrees to pay the Firm for the services performed and costs incurred by Firm upon certification by the City that the services were actually performed and costs actually incurred in accordance with the Agreement. Compensation for services performed and reimbursement for costs incurred shall be paid to the Firm upon receipt and approval by the City of invoices setting forth in detail the services performed and costs incurred. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handle through change orders as described in Section II above. The City shall pay the Firm within thirty (30) days after approval of the invoice by City staff. 3.2. The amount paid under this Agreement as compensation for services performed and reimbursement for costs incurred shall not, in any case, exceed the fees as presented in Exhibit “C”, except as outlined in Section 2.3 above. 3.3. Reimbursement for costs incurred shall be limited as follows. Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail charges, photocopying time shall be at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. 4. COVENANTS OF FIRM 4.1. Expertise of Firm Firm accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Firm under this Agreement. 4.2. Budgetary Limitations Firm agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Firm’s profession and industry. Firm shall take no calculated risk in the performance of the Work. Specifically, Firm agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Firm’s profession and industry, Firm will give written notice immediately to the City. 4.3. City’s Reliance on the Work The Firm acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Firm. The Firm acknowledges and agrees that the acceptance of the Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement; however, the City acknowledges that it is responsible for making all management decisions and performing all management functions relating to the financial statements and related notes and for accepting full responsibility for such decisions. The City will review and approve the financial statements and related notes prior to their issuance and will have accepted responsibility for them. Furthermore, the City is required to designate an individual with suitable skill, knowledge, or expertise to oversee any nonaudit services the Firm provides, such as preparation of the City’s draft financial statements and related notes, and for evaluating the adequacy and results of those services and accepting responsibility for them. Firm further agrees that no approval of the Work shall relieve Firm of its responsibility under the Firm’s professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry standards. 4.4. Firm’s Reliance of Submissions by the City Firm must have timely information and input from the City in order to perform the services required under this Agreement. Firm is entitled to rely upon information provided by the City, but Firm shall be required to provide written notice to the City if Firm knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. 4.5. Firm’s Representative Adam Fraley shall be authorized to act on Firm’s behalf with respect to the Work as Firm’s designated representative. 4.6. Assignment of Agreement The Firm covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Firm shall be solely responsible for reimbursing them and the City shall have no obligation to them. 4.7. Responsibility of Firm and Indemnification of City The Firm shall hold harmless the City, its agents, officers and employees from any claims, actions, or damages of any kind, arising from, or in connection with, the performance by the Firm or its agents, officers and employees under this agreement insofar as much performance results from the Firm’s negligent, reckless, or willful act or omission. This indemnity does not apply to the extent that claims may arise from any negligent, reckless or willful act or omission of the City. This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring under this Agreement or any extension of this Agreement. 4.8. Independent Contractor Firm hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Firm agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Firms, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Firm agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Firm as to the details of the services to be performed by Firm or to exercise a measure of control over such services will be deemed to mean that Firm shall follow the directions of the City with regard to the results of such services only. 4.9. Insurance 4.9.1. Requirements: The Firm shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Firm, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. 4.9.2. Minimum Limits of Insurance: Firm shall maintain limits no less than: a. Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. b. Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. c. Professional Liability of $1,000,000 limit for claims arising out of professional services caused by the Firm's errors, omissions, or negligent acts. d. Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. 4.9.3. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. 4.9.4. Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: a. General Liability and Automobile Liability Coverage. i. The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Firm; products and completed operations of the Firm; premises owned, leased, or used by the Firm; automobiles owned, leased, hired, or borrowed by the Firm. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. ii. The Firm's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Firm's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. iv. Coverage shall state that the Firm's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. vi. The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Firm for the City. vii. All endorsements to policies shall be executed by an authorized representative of the insurer. b. Workers' Compensation Coverage The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Firm for the City. c. All Coverages: i. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. ii. Policies shall have concurrent starting and ending dates. 4.9.5. Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A. 4.9.6. Verification of Coverage: Firm shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Firm's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Firm shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. 4.9.7. Subcontractors: Firm shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. 4.9.8. Claims-Made Policies: Firm shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. 4.9.9. City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. 4.10. Employment of Unauthorized Aliens Prohibited 4.10.1. It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “D” and “E” that it and Contractor’s subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. 4.10.2. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person’s employment immediately and to report same to the Department of Homeland Security. The Contractor’s failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. 4.10.3. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. 4.10.4. Contractor’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor’s affidavit attached as Exhibit “D.” 4.10.5. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 4.10.6. Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Firm’s legal status in the Country each time that representative obtains a public benefit, including any contract, from the City. The Firm hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit “F”, and submitted such affidavit to the City in person, electronically, or by mail. Further, Firm verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Firm’s legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Firm verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). 4.11. Records, Reports and Audits 4.11.1. Records: a. Records shall be established and maintained by the Firm in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, all records shall be retained for three years after final payment and closing of all other pending matters or until any audit findings have been resolved, whichever is later. b. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. 4.11.2. Reports and Information: Upon request, the Firm shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. 4.11.3. Audits and Inspections: At any time during normal business hours and as often as appropriate, the City or any duly authorized representatives shall have access to any books, documents, papers, and records of Firm that are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts of same. 4.12. Conflicts of Interest Firm agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. 4.13. Confidentiality Firm acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, Firms, and/or staff to likewise protect such confidential information. The Firm agrees that confidential information it receives or such reports, information, opinions or conclusions that Firm creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Firm shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. 4.14. Compliance with Laws Regulating Illegal Aliens 4.14.1. The United States Congress enacted the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, which required the former Immigration and Naturalization Service (now the Department of Homeland Security) to establish a system for verifying the immigration status of non-citizen applicants for, and recipients of, certain types of federally funded benefits, and to make the system available to Federal, State, and local benefit-issuing agencies and institutions that administer such benefits. 4.14.2. The Firm covenants and declares that it is enrolled in the Basic Employment Verification Pilot Program, and that it has verified the employment eligibility of all its employees utilizing such program. Firm shall likewise require all subcontractors or sub-Firms to verify the employment eligibility of all their respective employees utilizing the Basic Employment Verification Pilot Program. Firm shall provide documentation prior to commencing work under this Agreement, in a form acceptable to the City, affirming the Firm’s compliance with this Section. 4.15. Licenses, Certifications and Permits The Firm covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Firm by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Firm under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. 4.16. Key Personnel All of the individuals identified in Exhibit “B” are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Firm’s Project Manager or members of the project team, as listed in Exhibit “B”, without written approval of the City. Firm recognizes that the composition of this team was instrumental in the City’s decision to award the work to Firm and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Firm’s obligations under this Agreement and shall be grounds for termination. Firm shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Firm shall be solely responsible for any such subcontractors in terms of performance and compensation. 4.17. Authority to Contract The Firm covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Firm to the terms of this Agreement, if applicable. 4.18. Ownership of Work All financial statements prepared or in the process of being prepared for the services to be performed by the Firm (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Firm or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Firm assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Firm shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Firm agrees to execute any additional documents that may be necessary to evidence such assignment. 5. COVENANTS OF THE CITY 5.1. Right of Entry The City shall provide for right of entry for Firm to the City of Milton, in order for Firm to complete the Work. 5.2. City’s Representative Stacey Inglis shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative. 6. TERMINATION 6.1. For Convenience 6.1.1. Either Party shall have the right to terminate this Agreement for convenience by providing written notice thereof at least thirty (30) calendar days in advance of the termination date. 6.1.2. Upon termination, City shall provide for payment to the Firm for services rendered and expenses incurred prior to the termination date. 6.1.3. Upon termination, the Firm shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all draft financial statements and such supporting schedules used in generation of the draft financial statements, whether completed or in process, in the form specified by the City. 6.1.4. The rights and remedies of the City and the Firm provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. 6.2. For Default 6.2.1. The City may, subject to the provisions of subparagraph 6.2.3 below, by written notice of default to the Firm, terminate the whole or any part of this Agreement in any one of the following circumstances: a. if the Firm fails to perform this Agreement within the time specified herein or any extension thereof; or b. if the Firm fails to perform any of the other provisions of this Agreement, or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and does not cure such failure within a period of ten (10) days, or such longer period as the City may authorize in writing, after receipt of notice from the City specifying such failure. 6.2.2. In the event the City terminates this Agreement in whole or in part as provided in subparagraph 6.2.1 above, the City may procure, upon such terms and in such manner as the City may deem appropriate, services similar to those so terminated, and the Firm shall be liable to the City for any excess costs for the same; provided, that the Firm shall continue the performance of this Agreement to the extent not terminated hereunder. 6.2.3. Except with respect to defaults of subcontractors, the Firm shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the Firm Such causes may include, but are not limited to, acts of God, or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the Firm 6.2.4. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the Firm and the subcontractor, and without the fault or negligence of either of them, the Firm shall not be liable for any excess costs for failure to perform, unless the services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Firm to meet the required delivery schedule. The term "subcontractor" shall mean a subcontractor at any tier. 6.2.5. If, after notice of termination of this Agreement under the provisions of subparagraph 6.2.1 above, it is determined for any reason that the Firm was not in default under the provisions above, or that the default was excusable under the provisions of this Agreement, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the "Termination for Convenience" provisions of this Agreement. 6.2.6. The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. 7. NO PERSONAL LIABILITY No member, official or employee of the City shall be personally liable to the Firm or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Firm or successor or on any obligation under the terms of this Agreement. Likewise, Firm’s performance of services under this Agreement shall not subject Firm’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Firm or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 8. ENTIRE AGREEMENT This Agreement along with the annual audit engagement letter, a copy of which is attached hereto as Exhibit “G”, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. 9. SUCCESSORS AND ASSIGNS Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. 10. APPLICABLE LAW If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. 11. CAPTIONS AND SEVERABILITY The caption or head note on articles or sections of this Agreement are intended for convenience and reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. Should any article(s) or section(s), or any part thereof, later be deemed unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed and the remainder of this Agreement shall remain in full force and effect to the extent possible. 12. NOTICES 12.1. Communications Relating to Daily Activities All communications relating to the day-to-day activities of the Work shall be exchanged between Stacey Inglis for the City and Adam Fraley for the Firm. 12.2. Official Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: Finance Director City of Milton 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 NOTICE TO THE FIRM shall be sent to: Mauldin & Jenkins, LLC Attn: Adam Fraley 200 Galleria Pkwy SE, Suite 1700 Atlanta, GA 30339 13. WAIVER OF AGREEMENT The City’s failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14. SOVEREIGN IMMUNITY Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. 15. FORCE MAJEURE Neither the City nor Firm shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Firm; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. IN WITNESS WHEREOF the City and the Firm have executed this Agreement effective as of the date the Mayor executes this Agreement on behalf of the City. [SIGNATURES ON FOLLOWING PAGE] CITY OF MILTON: CONTRACTOR: By: __________________________ By: ________________________________ Title:_________________________ Title:_______________________________ Name:________________________ Name:______________________________ Date: ________________________ Date: ______________________________ SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ 10      CITY OF MILTON REQUEST FOR PROPOSAL (THIS IS NOT AN ORDER) RFP Number: 12-FIN02 RFP Title: EXTERNAL AUDIT SERVICES RFP Due Date and Time: October 10, 2012 @ 2:00 p.m. EST Number of Pages: 37 ISSUING DEPARTMENT INFORMATION Procurement Office Contact: Rick Pearce Issue Date: September 17, 2012 City of Milton 13000 Deerfield Pkwy, Suite 107G Milton, Ga. 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO OFFERORS Return Proposal to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004 Mark Face of Envelope/Package: RFP Number: 12-FIN02 – External Audit Services (Name of Company or Bank) Special Instructions: Deadline for Written Questions October 3, 2012 @ 5:00 p.m. EST Email questions to Rick Pearce at rick.pearce@cityofmiltonga.us OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: (Please print name and sign in ink) Offeror Phone Number: Offeror FAX Number: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE EXHIBIT A - RFP TABLE OF CONTENTS SECTION 1: INTRODUCTION AND INSTRUCTIONS .............................................................................. 4 1.0 REQUEST FOR PROPOSAL (RFP) PURPOSE .............................................................................................. 4 1.1 BACKGROUND ........................................................................................................................................ 4 1.2 SINGLE POINT OF CONTACT.................................................................................................................... 4 1.3 QUESTIONS AND RESPONSES .................................................................................................................. 4 1.4 SUBMISSION DEADLINE .......................................................................................................................... 5 1.5 REQUIRED REVIEW ................................................................................................................................. 5 1.6 OFFEROR’S CERTIFICATION .................................................................................................................... 5 1.7 COST OF PREPARING A PROPOSAL .......................................................................................................... 6 1.8 STANDARD TERMS AND CONDITIONS ..................................................................................................... 6 1.9 ACCEPTANCE OF STANDARD CONTRACT ................................................................................................ 6 SECTION 2: RFP STANDARD INFORMATION ........................................................................................ 7 2.0 AUTHORITY ............................................................................................................................................ 7 2.1 OFFEROR COMPETITION ......................................................................................................................... 7 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION .................................................................................. 7 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS ............................................................................... 7 2.3.1 Initial Classification of Proposals as Responsive or Non-Responsive ..................................... 7 2.3.2 Determination of Responsibility ............................................................................................... 7 2.3.3 Evaluation of Proposals ........................................................................................................... 8 2.3.4 Completeness of Proposals ...................................................................................................... 8 2.3.5 Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demo ................. 8 2.3.6 Evaluation Committee Recommendation ................................................................................. 8 2.4 CITY’S RIGHTS RESERVED ..................................................................................................................... 8 SECTION 3: SCOPE OF PROJECT ............................................................................................................... 9 3.0 PURPOSE ................................................................................................................................................. 9 3.1 CITY RECORDS INFORMATION ................................................................................................................ 9 3.2 STATEMENT OF NEEDS ........................................................................................................................... 9 3.2.1 Audit Requirements .................................................................................................................. 9 3.2.2 Audit Objectives ....................................................................................................................... 9 3.2.3 Reporting and Delivery Requirements ................................................................................... 11 3.3 FUND STRUCTURE ................................................................................................................................ 13 3.4 COMPONENT UNIT ................................................................................................................................ 13 SECTION 4: PROPOSAL FORMAT ........................................................................................................... 14 4.0 TITLE PAGE/COVER .............................................................................................................................. 14 4.1 TABLE OF CONTENTS............................................................................................................................ 14 4.2 TRANSMITTAL LETTER ......................................................................................................................... 14 4.3 QUALIFICATIONS AND EXPERIENCE ...................................................................................................... 14 4.4 STAFF PROFILE ..................................................................................................................................... 14 4.5 QUESTIONNAIRE, WORK PLAN AND APPROACH TO AUDIT ................................................................... 15 4.6 COST COMPONENT OF PROPOSAL ......................................................................................................... 16 SECTION 5: EVALUATION CRITERIA .................................................................................................... 17 APPENDIX A: QUESTIONNAIRE FORM ................................................................................................. 18 APPENDIX B: SCHEDULE OF EVENTS .................................................................................................. 21 APPENDIX C: STANDARD CONTRACT ................................................................................................. 22 3   City of Milton External Audit Services Request for Proposal EXHIBIT A - RFP SECTION 1: INTRODUCTION AND INSTRUCTIONS 1.0 REQUEST FOR PROPOSAL (RFP) PURPOSE The City of Milton (City) is currently seeking proposals from qualified Certified Public Accountants for the purpose of providing an annual audit of the City’s financial statements and records. The anticipated term of the contract is five fiscal years beginning with fiscal year ending September 30, 2012, with the option of extending two additional one year renewal periods. The primary objective of requesting proposals is for the City to find a partner that can offer the highest quality of service at the most reasonable cost. As a matter of policy, the City may issue an RFP for auditing services at the end of the contract term. Either party may cancel the contract for any reason with 60 days written notice. 1.1 BACKGROUND The City was incorporated on December 1, 2006 and has a population of 32,661. Milton has a land area of 38.52 square miles. It includes the northwest corner of Fulton County that is bordered by Cherokee County to the north and west; Forsyth County to the east; Roswell city limits to the southwest; and Alpharetta city limits to the south. The City of Milton operates under a Council-Manager form of government, whereby the City Manager is appointed by Mayor and Council. The City Manager has the authority and responsibility to: carry out the policies set forth by the Council; provide for the effective and efficient delivery of municipal services; and supervise the administration of all departments.   The Government Finance Officers Association awarded the Certificate of Achievement for Excellence in Financial Reporting to the City for its CAFR for the fiscal year ended September 30, 2010. This was the third consecutive year the City has received this prestigious award. 1.2 SINGLE POINT OF CONTACT From the date this RFP is issued until an Offeror is selected, Offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction Rick Pearce, Procurement Manager. Any unauthorized contact may disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows: Rick Pearce Procurement Manager City of Milton 13000 Deerfield Pkwy, Suite 107G Milton, GA 30004 (E-mail: rick.pearce@cityofmiltonga.us) Ph.678-242-2511 Fax 678-242-2499 1.3 QUESTIONS AND RESPONSES Offerors with questions or inquiries of any section within this RFP must address these questions in writing via e-mail to the City’s Procurement Manager identified above on or before October 3, 2012 at 5:00 pm. Each question must provide clear reference to the section, page, and item in question. The Offeror must also provide their company name. Questions received after the deadline may not be considered. 4   City of Milton External Audit Services Request for Proposal EXHIBIT A - RFP The City will provide an official written answer to all questions by October 4, 2012. The City's response will be by formal written addendum. Any other form of interpretation, correction, or change to this RFP will not be binding upon the City. Any formal written addendum will be posted on the State of Georgia/DOAS website alongside the posting of the RFP at http://ssl.doas.state.ga.us/PRSapp/PR_index.jsp and also the City’s website at www.cityofmiltonga.us by the close of business on the date listed. Offerors must sign and return any addendum with their RFP response. 1.4 SUBMISSION DEADLINE One original proposal, three copies, and an electronic copy on a CD shall be submitted in accordance with the terms of this RFP. Only one original Cost Proposal is required. The envelope must be sealed and labeled on the exterior to clearly indicate that they are in response to RFP 12-FIN02 External Auditing Services. Proposals will not be accepted later than 2:00 pm EST, October 10, 2012 and must be submitted to the following address: City of Milton City Hall Procurement Office 13000 Deerfield Pkwy, Suite 107G Milton, GA 30004 Attn: Rick Pearce Regardless of cause, a late Proposal will not be accepted and will automatically be disqualified from further consideration. It shall be the Offeror’s sole risk to assure delivery at the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the Offeror at the expense of the Offeror or destroyed if requested. 1.5 REQUIRED REVIEW Offeror should carefully review the instructions, mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the Procurement Officer identified above in writing via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. To be eligible for consideration, an Offeror must meet the intent of all mandatory requirements. The City will determine whether an Offeror’s RFP response complies with the intent of the requirements. RFP responses that do not meet the full intent of all requirements listed in this RFP may be subject to point reductions during the evaluation process or may be deemed non-responsive. 1.6 OFFEROR’S CERTIFICATION By submitting a response to this RFP, Offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. The proposal (original) must be signed in ink by an individual authorized to legally bind the business submitting the proposal. The Offeror’s signature on a proposal in response to this RFP guarantees that the prices quoted have been established without collusion and without effort to preclude the City from obtaining the best possible supply or service. Proof of authority of the person signing the RFP response must be furnished upon request. A proposal may not be modified, withdrawn or canceled by the Offeror for a 90-day period following the deadline for proposal submission as defined in the Schedule of Events (Appendix B) or receipt of best and final offer, if required, and Offeror so agrees by submitting the proposal. 5   City of Milton External Audit Services Request for Proposal EXHIBIT A - RFP 1.7 COST OF PREPARING A PROPOSAL The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal, as requested by the City, are entirely the responsibility of the Offeror. The City is not liable for any expense incurred by the Offeror in the preparation and presentation of their proposal. 1.8 STANDARD TERMS AND CONDITIONS 1) The City reserves the right to addend, cancel or terminate the RFP at any time. 2) The City reserves the right to reject any and all responses. 3) The City reserves the right to request clarification of information submitted and to request additional information of one or more Offerors. 4) The City reserves the right to modify provisions to the Contractual Agreement to be consistent with the successful Offeror’s proposal and to negotiate with the successful Offeror other additions to, deletions from, and/or changes in the language in the Contractual Agreement, provided that no such addition, deletion or change in Contract language would, in the sole discretion of the City, affect the evaluation criteria set forth herein, or give the successful Offeror a competitive advantage. 1.9 ACCEPTANCE OF STANDARD CONTRACT By submitting a response to this RFP, Offeror agrees to acceptance of the standard contract as set out in Appendix C of this RFP. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to standard contract terms or any added provisions must be submitted to the Procurement Officer referenced above by the date for receipt of written questions or with the Offeror’s RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Offeror’s ability to respond to the RFP or perform the contract. The City reserves the right to change the contract language with the successful Offeror. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Offerors submitting a response to this RFP. 6   City of Milton External Audit Services Request for Proposal EXHIBIT A - RFP SECTION 2: RFP STANDARD INFORMATION 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among Offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective consistent with the necessity to satisfy the City’s need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing after the award of the contract with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine Offeror’s responsibility, unless prior written consent has been given by the Offeror; and (4) other constitutional protections. Upon opening the proposals received in response to this RFP, the Procurement Manager in charge of the solicitation will review the proposals and separate out any information that meets the referenced exceptions in the paragraph above, providing the following conditions have been met: • Confidential information is clearly marked and separated from the rest of the proposal. • The proposal does not contain confidential material in the cost or price section. • An affidavit from an Offeror’s legal counsel attesting to and explaining the validity of the trade secret claim is attached to each proposal containing trade secrets. Information separated out under this process will be available for review only by the Procurement Officer, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a “right to know” (open records) request from another party. 2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS 2.3.1 Initial Classification of Proposals as Responsive or Non-responsive. All proposals will initially be classified as either “responsive” or “non-responsive”. Proposals may be found non- responsive any time during the evaluation process or contract negotiation if any of the required information is not provided; the submitted price is found to be excessive or inadequate as measured by criteria stated in the RFP; or the proposal is not within the plans and specifications described and required in the RFP. If a proposal is found to be non-responsive, it will not be considered further. 2.3.2 Determination of Responsibility. The Procurement Department will determine whether an Offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of non-responsibility. If an Offeror is found non-responsible, the 7   City of Milton External Audit Services Request for Proposal EXHIBIT A - RFP determination must be in writing, made a part of the procurement file and mailed to the affected Offeror. 2.3.3 Evaluation of Proposals. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses in terms of differing price, quality, and contractual factors. These scores will be used to determine the most advantageous offering to the City. 2.3.4 Completeness of Proposals. Selection and award will be based on the Offeror’s proposal and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Offerors outside the formal response or subsequent discussion/negotiation or “best and final offer,” if requested, will not be considered, will have no bearing on any award, and may result in the Offeror being disqualified from further consideration. 2.3.5 Opportunity for Discussion/Negotiation and/or Oral Presentation. After receipt of all proposals and prior to determination of the award, the City may initiate discussions with one or more Offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation to clarify their RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to discuss technical and contractual aspects of the proposal. Oral presentations, if requested, shall be at the Offeror’s expense. 2.3.6 Evaluation Committee Recommendation. The evaluation committee will provide a written recommendation for contract award. 2.4 CITY’S RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City to award and execute a contract. The City reserves the right to reject any or all proposals, to waive any irregularity or informality in a proposal and to accept or reject any item or combination of items, when to do so would be advantageous to the City. It is also within the right of the City to reject proposals that do not contain all elements and information requested in this document. The City reserves the right to cancel this RFP at any time. The City will not be liable for any cost/losses incurred by the Offerors throughout this process. The “Best and Final Offer” is an option available to the City under the RFP process which permits the City to request a “best and final offer” from one or more Offerors. Offeror may be contacted asking that they submit their “best and final offer,” which must include any and all discussed and/or negotiated changes. The City reserves the right to request a “best and final offer” for this RFP, if any, based on price/cost alone. 8   City of Milton External Audit Services Request for Proposal EXHIBIT A - RFP SECTION 3: SCOPE OF PROJECT 3.0 PURPOSE The purpose of this RFP is to establish a contract for professional services with a Certified Public Accountant (the “Auditor”) for financial and compliance audits. 3.1 CITY RECORDS INFORMATION A copy of the City’s Comprehensive Annual Financial Report (CAFR) for the year ended September 30, 2011 and all years prior are available on the City’s web site: www.cityofmiltonga.us (navigate to the Finance department page). Additionally, year-to-date financial reports for the fiscal year ending September 30, 2012 are available upon request. 3.2 STATEMENT OF NEEDS 3.2.1 Audit Requirements. All audits shall be conducted in accordance with generally accepted auditing standards, promulgated by the American Institute of Certified Public Accountants (AICPA) and in accordance with Government Auditing Standards issued by the Comptroller General of the United States and (if applicable) the Official Code of Georgia Annotated. If a Single Audit is required as a part of the annual audit, the audit shall be performed in accordance with AICPA Generally Accepted Auditing Standards (GAAS), Government Auditing Standards, the Single Audit Act of 1984, the Single Audit Act Amendments of 1996, and the Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non- Profit Organizations. 3.2.2 Audit Objectives. Audits shall be designed to accomplish the following objectives: 3.2.2.1 To determine whether the financial statements present fairly the financial position of the financial operations and cash flows in accordance with Generally Accepted Accounting Principles (GAAP) and the supplementary information is fairly presented in all material respects in relation to the financial statements taken as a whole. 3.2.2.2 To obtain an understanding of internal control over financial reporting sufficient to plan the audit by performing procedures to understand both the design of controls relevant to an audit of financial statements and whether they have been placed in operation, and assess control risk, in accordance with AICPA Statement of Auditing Standards (SAS) Number 55, Consideration of Internal Control in a Financial Statement Audit, as amended by SAS Number 78, Consideration of Internal Control in a Financial Statement Audit: An Amendment to SAS No. 55. 3.2.2.3 To provide reasonable assurance that the financial statements are free of material misstatements resulting from violations of laws and regulations that have a direct and material effect on the determination of financial statement amounts in accordance with SAS Number 54, Illegal Acts by Clients, as described in SAS Number 74, Compliance Auditing Considerations in Audits of Governmental Entities and Recipients of Governmental Financial Assistance, and to provide reasonable assurance that the financial statements are free of material misstatements (whether caused by error or fraud), as described in SAS Number 82, Consideration of Fraud in a Financial Statement Audit, and SAS Number 47, Audit Risk and Materiality in Conducting an Audit. The Codification of Statements on Auditing Standards, Section 9   City of Milton External Audit Services Request for Proposal EXHIBIT A - RFP AU 317 requires the auditor to consider laws and regulations that are generally recognized by auditors to have a direct and material effect on the determination of financial statement amounts. The Auditor’s responsibility to detect and report misstatements resulting from illegal acts having a direct and material effect on the determination of financial statement amounts is the same as that for errors and irregularities. In addition, the Auditor should be aware of the possibility that illegal acts that may, in particular circumstances, be regarded as having material but indirect effects on financial statements may have occurred. If specific information comes to the auditor's attention that provides evidence concerning the existence of possible illegal acts that could have a material indirect effect on the financial statements, the auditor should apply audit procedures specifically directed to ascertaining whether an illegal act has occurred. 3.2.2.4 To provide reasonable assurance of detecting material misstatements resulting from non-compliance with provisions of contracts or grant agreements that have a direct and material effect on the determination of financial statement amounts. If specific information comes to the auditors' attention that provides evidence concerning the existence of possible noncompliance that could have a material indirect effect on the financial statements, auditors should apply audit procedures specifically directed to ascertaining whether that noncompliance has occurred. 3.2.2.5 To follow up on known material findings and recommendations from previous audits. 3.2.2.6 To prepare working papers containing sufficient information to enable an experienced auditor, having no previous connection with the audit, to ascertain from them the evidence that supports the auditors' significant conclusions and judgments. 3.2.2.7 To determine whether the government entity complied with laws, regulations, and the provisions of contracts or grant agreements pertaining to federal awards that have a direct and material effect on each major program. With regard to internal control over compliance, the auditor is required to do the following (in addition to the requirements of Government Auditing Standards): (1) perform procedures to obtain an understanding of internal control over federal programs that is sufficient to plan the audit to support a low assessed level of control risk for major programs, (2) plan the testing of internal control over major programs to support a low assessed level of control risk for the assertions relevant to the compliance requirements for each major program, and (3) perform tests of internal control (unless the internal control is likely to be ineffective in preventing or detecting noncompliance). 3.2.2.8 If subsequently requires (though not anticipated in 2012 – 2014), to verify and test expenditures of the government’s Special Purpose Local Option Sales Tax proceeds. In accordance with the O.C.G.A. § 48-8-121, a schedule shall be included in each annual audit which shows for each project in the resolution or ordinance calling for imposition of the Special Purpose Local Option Sales Tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The Auditor shall verify and test expenditures sufficient to provide assurance that the schedule is fairly presented in relation to the financial statements. The Auditor’s report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the 10   City of Milton External Audit Services Request for Proposal EXHIBIT A - RFP schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. 3.2.2.9 When required, to verify and test expenditures of the government’s proceeds from the Governor’s emergency fund or a special project appropriation in accordance with the O.C.G.A. § 36-81-8.1. A properly completed grant certification form shall be filed on each grant with the annual audit report for each year in which such grant funds are expended or remain unexpended. If required under this Code section, the Auditor shall certify that the grant funds were used solely for the express purpose or purposes for which the grant was made. The Georgia Department of Audits and Accounts can assist with identification of grants subject to these reporting requirements and has a Grant Certification package available containing instructions and example formats. 3.2.3 Reporting and Delivery Requirements. The Auditor will prepare the required audit reports including those required by Government Auditing Standards, the Office of Management and Budget Circular A-133 and the Official Code of Georgia Annotated at the completion of the audit. 3.2.3.1 Audit Reports. The City is an active participant in the Government Finance Officers Association’s award program relating to the Certificate of Achievement for Excellence in Financial Reporting and therefore requires that the Auditor provide guidance and technical expertise to ensure that the CAFR continues to meet the standards of this program. Below lists audit reports that should be included in the CAFR: 3.2.3.1.1 Standard report on the financial statements. Reference should be made that the audit was conducted in accordance with generally accepted government auditing standards. The report on the financial statements should either (1) describe the scope of the Auditor’s testing of compliance with laws and regulations and internal controls and present the results or (2) refer to separate reports containing that information. 3.2.3.1.2 Report on internal controls. A written report on reportable conditions is required and in accordance with the AICPA’s Codification of Statements on Auditing Standards, Section AU 325. 3.2.3.1.3 Report on compliance and on internal control over financial reporting based on an audit of financial statements performed in accordance with government auditing standards. The report should describe the scope of the Auditor’s testing of compliance with laws and regulations and present the results. The report should also describe the scope of the Auditor’s testing of internal controls and present the results. Also, separate identification and written communication of all reportable conditions, including those reportable conditions that are individually or cumulatively material weaknesses, is required. 11   City of Milton External Audit Services Request for Proposal EXHIBIT A - RFP 3.2.3.1.4 Report on compliance with requirements applicable to each major program and on internal control over compliance in accordance with OMB Circular A-133. The Auditor is required to express an opinion on whether the City complied with laws, regulations, and with the provisions of contracts or grant agreements which could have a direct and material effect on each major program and, where applicable, refer to a separate schedule of findings and questioned costs. The report on internal control over major programs should describe the scope of testing internal controls and the results of the tests, and, where applicable, refer to a separate schedule of findings and questioned costs. 3.2.3.1.5 In accordance with OMB Circular A-133, the Auditor’s report(s) may be in the form of either combined or separate reports. The Auditor’s report(s) shall include an opinion as to whether the financial statements are presented fairly in all material respects in conformity with GAAP and an opinion as to whether the schedule of expenditures of federal awards is presented fairly in all material respects in relation to the financial statements taken as a whole. Auditors should follow the guidelines contained in the AICPA’s Statement of Position 98-3, paragraph 10.8 for additional guidance on Auditor’s reports. 3.2.3.1.6 In accordance with OMB Circular A-133, a schedule of findings and questioned costs is required. The schedule of findings and questioned costs should include the following three components: (1) a summary of the Auditor’s results; (2) findings related to the financial statements which are required to be reported in accordance with GAAS; and (3) findings and questioned costs for federal awards. 3.2.3.1.7 Other reports. When required of the City, these additional reports should be included: (1) Grants to Municipalities program, as defined in O.C.G.A § 36-40-40 and § 36-40-20; (2) the Schedule of Special Purpose Local Option Sales Tax (if Schedule is issued separately from financial statements); (3) State of Georgia Grant Certification Form(s); and (4) Report of Local Government Finances as required under state law to be delivered to the Department of Community Affairs (DCA). 3.2.3.2 Management Letter. A written management letter containing matters not included in the Auditor’s report on compliance and on internal control over financial reporting shall be prepared and presented to the City Treasurer at the conclusion of each audit. This letter shall address all exceptions in accounting practices, immaterial instances of noncompliance with laws and regulations, and deficiencies in the internal control(s) that are not reportable conditions as defined in AICPA’s Codification of Statements on Auditing Standards, Section AU 325. Such immaterial instances of noncompliance and deficiencies in internal control that are not reportable conditions should be referred to in the report on compliance and on internal control over financial reporting. It is important to note that all audit findings required to be reported under OMB Circular A-133 must be included in the schedule of findings and questioned costs; a separate letter may not be used to communicate such matters to 12   City of Milton External Audit Services Request for Proposal EXHIBIT A - RFP top management in lieu of reporting them as audit findings in accordance with OMB Circular A-133. The Auditor must offer recommendations for appropriate corrective action for each item contained in the management letter. 3.2.3.3 Other Reports. Any other reports required shall be submitted to the City upon request. 3.2.3.4 Preliminary Draft. A preliminary draft of all reports shall be submitted to the City prior to their release. The City will review and approve the release of all draft reports. 3.2.3.5 Report Copies. The Auditor shall send copies of the reports listed above directly to the City Treasurer and City Manager. 3.3 FUND STRUCTURE At the present time, the City utilizes the following fund structure: General Fund Special Revenue Funds: Special Events Fund Confiscated Assets Fund Emergency 911 Fund Hotel/Motel Tax Fund Operating Grant Fund Capital Project Funds: General Capital Project Fund Capital Grant Fund Agency Fund: Municipal Court Fund The number of funds may increase or decrease depending upon the City’s needs and requirements. The audit is to be conducted at the individual fund level. 3.4 COMPONENT UNIT The City has one blended component unit that was established during the fiscal year ending September 30, 2012: Public Building and Facilities Authority (PBFA). The PBFA will be used as a mechanism to finance the construction of future city facilities. 13   City of Milton External Audit Services Request for Proposal EXHIBIT A - RFP SECTION 4: PROPOSAL FORMAT Offerors must organize their proposal into sections that follow the format below, with tabs separating each section. A point-by-point response to all numbered sections, subsections, and appendices is required. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any proposals that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. TECHNICAL PROPOSAL 4.0 TITLE PAGE/COVER Offerors must use the coversheet of this RFP (page 1) as the title page/cover of the proposal. The required information on the cover must be filled in and it should be signed by an authorized individual. 4.1 TABLE OF CONTENTS 4.2 TRANSMITTAL LETTER A brief transmittal letter must accompany the original and all copies of the proposal. The letter should briefly address the Offeror’s willingness and commitment, if selected, to provide the services, why the Offeror believes it should be selected and any exceptions to the services requested by the City. It must be signed by an individual authorized to bind the selected Offeror to all statements, including services and prices, contained in the proposal. 4.3 QUALIFICATIONS AND EXPERIENCE All Offerors must provide this information: 4.3.1 Provide a general overview and brief history of your organization, including parent and/or subsidiary companies and the number of employees. 4.3.2 Provide the address of the office location(s) that will service the City’s account. 4.3.3 Describe the experience of the firm in providing similar auditing services for governmental entities that are comparable to the City of Milton. Identify a minimum of three government references that are comparable to the City. Include the name of the organization, length of service, contact name and contact information. References may be contacted. 4.4 STAFF PROFILE 4.4.1 Provide the name, title, address, phone number, fax number and email address of the primary contact and other key personnel that will be assigned to the City’s account. 4.4.2 Provide biographical information on these individuals and what, if any, experience they have in working with local governments and other public agencies. Describe the proposed role of each with regard to the City’s account. 4.4.3 For each key person, show the number of years of experience in this field and the number of years with your firm. 14   City of Milton External Audit Services Request for Proposal EXHIBIT A - RFP 4.5 QUESTIONNAIRE, WORK PLAN, AND APPROACH TO AUDIT 4.5.1 Complete and sign the Mandatory Questionnaire Form, Appendix A. The purpose of the Mandatory Questionnaire Form is to determine if the Auditor meets the following mandatory criteria: 4.5.1.1 The Offeror is properly licensed for public practice as a certified public accountant. 4.5.1.2 The Offeror meets the independence requirements of the Government Auditing Standards issued by the Comptroller General of the United States. 4.5.1.3 The Auditor’s staff working on or associated with the engagement must meet the continuing education requirements of the Government Auditing Standards. 4.5.1.4 The Auditor does not have a record of substandard audit work. 4.5.1.5 The Offeror agrees to abide by the terms and conditions established in Section 1.9, Standard Terms and Conditions. 4.5.2 Provide a detailed written narrative on each of the following: 4.5.2.1 A general audit plan, including information on the timing of field work, and any overview and start up work that would be required in the first audit year. Include the approximate date the audit will begin and end for the first year, as well as approximate dates for delivery of the required reports. 4.5.2.2 A work plan, including an explanation of the audit methodology to be followed, to perform the services required in this RFP. In developing the work plan, reference should be made to such sources as the City’s budget and related materials, organizational charts, programs, and financial and other management information systems. Offerors will be required to provide the following information on their audit approach: 4.5.2.2.1 Overview of start-up work that would be required in the first audit year; 4.5.2.2.2 Sampling techniques and the extent to which statistical sampling may be used in the engagement; 4.5.2.2.3 Type and extent of analytical procedures that may be used in the engagement; 4.5.2.2.4 Approach to be taken to gain and document an understanding of the City’s internal control; 4.5.2.2.5 Approach to be taken in determining laws and regulations that will be subject to audit test work; and 4.5.2.2.6 Approach to be taken in drawing audit samples for purposes of tests of compliance. 4.5.2.3 The proposal should identify and describe anticipated audit problems (if any), the Offeror’s approach to resolving these problems and any special assistance that will be requested from the City. 4.5.2.4 The Offeror’s approach to assist City staff with the implementation of new GASB Statements and other accounting principle pronouncements. Throughout the contract 15   City of Milton External Audit Services Request for Proposal EXHIBIT A - RFP period the Auditor is expected to assist the City on understanding and implementation of new accounting standards as promulgated by authoritative bodies. The Auditor shall also assist the City on specialized accounting questions that may arise. The City acknowledges its responsibility for the reliability, accuracy, and completeness of all financial preparations. No work related to this section will be required to an extent it would impair independence. 4.5.2.5 The Offeror’s approach for improving the City’s accounting procedures, internal accounting controls, and related areas. Recommendations should be developed by the Auditor during the course of the examination. Areas in need of improvement should be communicated verbally during the audit fieldwork and summarized in writing upon conclusion of the audit process each year. 4.6 COST COMPONENT OF PROPOSAL Cost Proposals should be submitted with the Technical Proposal in a separate sealed envelope marked “Cost Proposal”. Only one original is required. The following information must be included: 4.6.1 Total hours estimated to complete the services referenced in Section 3 per year for five years starting with the 2012 Audit by personnel level (i.e., total hours for partner, manager, IT manager, supervisor, senior and junior, etc.) 4.6.2 Fee per hour per year for five years starting with the 2012 Audit for the personnel referenced in 4.6.1. 4.6.3 Total fees for services referenced in Section 3 per year for five years starting with the 2012 Audit separated by fee amounts attributable to general audit work, single audit work, and component unit audit work. 4.6.4 Total “not to exceed” price per year for services referenced in Section 3 for five years starting with the 2012 Audit. 4.6.5 An amount of professional services, in hours, allowed per year for five years starting with the 2012 Audit without additional cost to the City. Such services will not be directly related to the annual audit and may include discussions with the City on new GASB pronouncements, or other accounting issues. A separate cost proposal is required for each year of the contract period specified in this RFP. All Cost Proposals should be included in the same sealed envelope. All Cost Proposals must be signed and dated by an authorized agent of the firm. Out-of-pocket expenses for firm personnel (e.g. travel, lodging and subsistence) will not be reimbursed by the City. All estimated out-of-pocket expenses to be reimbursed should be included in the firm’s not to exceed” cost for the contract. 16   City of Milton External Audit Services Request for Proposal EXHIBIT A - RFP SECTION 5: EVALUATION CRITERIA Selection will be made based on the following evaluation criteria. The RFP carries a weight of 100 points. • Related experience. The relevant experience, resources, and qualifications of the Offeror and key personnel assigned to the City’s account. (40) • Responsiveness of the proposals. (40) The City’s evaluation of the overall capabilities of the Offeror to perform the work as described in this RFP. The following elements will be considered: • Appropriateness and adequacy of proposed plans and procedures. • Necessity of procedures. • Reasonableness of time estimates. • Appropriateness of assigned staff levels. • Timeliness of projected completion. • Proposed fees and compensation. (20) The City reserves the right to conduct site visits or to invite Offerors to present their proposals to the Evaluation Committee. 17   City of Milton External Audit Services Request for Proposal EXHIBIT A - RFP APPENDIX A: QUESTIONNAIRE To be answered by Firm Section A – General Information 1) Firm Name: ______________________________________ Contact Person: __________________________________ Telephone Number: ___________________ 2) Address: ____________________________________________________________________________ ____________________________________________________________________________ 3) Firm’s FEI Number: ________________________________ 4) Firm’s Georgia CPA State License Registration Number: _____________________________________ 5) Type of Accounting Practice (place an “X” next to the appropriate response) a) __________ Individual b) __________ Partnership c) __________ Corporation – Give the name of the State where incorporated: _____________ d) __________ Other (specify) _______________________________ Section B – Firm’s Quality Program for Audits Please answer each of the following questions by placing an “X” in the proper column at the right. CHECK ONE YES NO 1) Quality Control: Does the Firm have internal procedures to ensure proper quality control for its governmental audit assignments? (If yes, ATTACH A BRIEF DESCRIPTION OF THE PROCESS) 2) Quality Review: Does Firm participate in an External Quality review program every 3 years? (If yes, ATTACH A COPY OF LAST PEER REVIEW OR QUALITY REVIEW REPORT AND LETTERS OF COMMENT. PLEASE ENTER ENDING DATE OF LAST PERIOD COVERED BY REVIEW _________. If no, explain the reason and your plan to participate.) 3) Professional Membership: Do the partners of the Firm belong to either the AICPA or the GSCPA? 4) Proper License: Is Firm properly licensed to practice public accounting in Georgia? 5) Special Governmental Audit Requirements: Is Firm familiar with the AICPA’s ethical ruling called Interpretation 501-3, “Failure to Follow Standards and/or 18   City of Milton External Audit Services Request for Proposal EXHIBIT A - RFP CHECK ONE YES NO Procedures or other Requirements in Governmental Audits”? (According to this ruling, if a CPA agrees to follow specified standards, guides, rules and procedures in addition to GAAS, then the CPA is OBLIGATED to follow all such requirements. Also, the Auditor must report any deviations from the agreed-upon engagements procedures.) 6) Subcontracts: Does Firm agree not to subcontract any work required without the prior express written consent of the City? 7) Federal Audit Laws and Rules: If federal audit work is required, does Firm agree to perform the audit work in accordance with the Single Audit Act of 1984, the Single Audit Act of 1996, the provisions of OMB Circular A-133 and AICPA Statement of position 98-3, as necessary? 8) Confidentiality: Does Firm agree not to publish or distribute any information concerning work done for City, except as provided by law or rule? 9) Access to Records and Workpapers: Does Firm agree to keep workpapers and reasonable records to support work claims for at least 5 years and make them available for audit or review by any authorized parties? 10) Other Federal and State Laws and Rules: Does Firm agree to comply with all other Federal and State laws, rules and regulations which pertain to this engagement? 11) Independence: Does Firm meet the independence standards of the current “Government Auditing Standards,” issued by the Comptroller General of the United States? (If no, attach a brief summary of facts.) 12) Continuing Education: Does Firm have sufficient staff who meet continuing professional education requirements for government audits as set forth in “Government Auditing Standards”? 13) Conflict of Interest: Does Firm declare that there is no public or private interest which would conflict in any manner with performance of an audit for the auditee or would violate any laws of the State of Georgia? 14) No Substandard Work: Does Firm and all proposed Audit Team Members have a record of an acceptable standard of audit work? (Contractor Firm must answer this question “No” if the Firm or any Audit Team Member has received an enforcement action for substandard audit work during the past three years or has a related investigation pending by a professional or regulatory group. Attach a brief summary of any enforcement actions.) 15) Ethics: Does Firm certify that its proposals are made without collusion or fraud and that it has not offered or received any kickbacks or inducements from any other auditor, supplier, manufacturer or subcontractor in connection with their proposals, and that it has not conferred on any government entity employee having official 19   City of Milton External Audit Services Request for Proposal EXHIBIT A - RFP CHECK ONE YES NO responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promise, unless consideration of substantially equal or greater value was exchanged; that it is not in violation of the Official Code of Georgia Annotated, Sections 16-10-2 and 16-10-22, for acts of bribery and/or conspiracy in restraint of free and open competition in transactions with state or political subdivisions? 16) Provisions of RFP: Does Firm agree to abide by all General Terms and Conditions and Special Terms and Conditions specified in the RFP? 20   City of Milton External Audit Services Request for Proposal EXHIBIT A - RFP APPENDIX B: SCHEDULE OF EVENTS Event: Date: Release of RFP 09/17/12 Deadline for Written Questions 10/03/12 @ 5:00 pm EST *Submit via E-Mail Only to: rick.pearce@cityofmiltonga.us Written Questions Addendum (official answers by the City) 10/04/12 Proposals Due (Opening Date) 10/10/12 @ 2:00 pm EST Proposals are due to: City of Milton Procurement Office 13000 Deerfield Pkwy, Suite 107G Milton, GA 30004 Potential Oral Presentations (On/about) Week of 10/15/12 21   City of Milton External Audit Services Request for Proposal EXHIBIT A - RFP CCCiiitttyyy ooofff MMMiiillltttooonnn,,, GGGeeeooorrrgggiiiaaa Proposal to Provide External Audit Services Fiscal Years September 30, 2012 through 2016 RFP Number: 12-FIN02 October 10, 2012 Mauldin & Jenkins, LLC Adam M. Fraley, CPA, Partner 200 Galleria Parkway, Suite 1700 Atlanta, Georgia 30339 Phone No: (678)742-6771 Cell No: (678) 315-5276 Email: afraley@mjcpa.com Web: www.mjcpa.com EXHIBIT B - FIRM'S TECHNICAL PROPOSAL EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve TTTaaabbbllleee ooofff CCCooonnnttteeennntttsss Transmittal Letter ............................................................................................................................................... 1 Qualifications and Experience Mauldin & Jenkins at a Glance .................................................................................................................. 3 Location of Office from Which the Work Will be Performed .................................................................... 3 Our Governmental Experience ................................................................................................................... 4 Client References ......................................................................................................................................... 9 Staff Profile Primary Client Contact .............................................................................................................................. 10 Key Personnel for the City’s Account ....................................................................................................... 12 Other Personnel Available to Serve the City ............................................................................................. 17 Questionnaire, Work Plan, and Approach to Audit General Audit Plan, Timing, and Deliverables......................................................................................... 21 Work Plan and Audit Methodology ........................................................................................................... 26 Sampling .................................................................................................................................................... 26 Analytical Procedures ................................................................................................................................ 27 Our Approach to Understanding the City’s Internal Control .................................................................. 28 Determining Laws and Regulations Subject to Audit Testing ................................................................. 28 Drawing Audit Samples for Purposes of Tests of Compliance ................................................................ 29 Potential Audit Problems and Our Solutions ........................................................................................... 31 Our Assistance with New GASB Pronouncements ................................................................................... 32 Improving the City’s Controls and Procedures ........................................................................................ 32 Additional Data ................................................................................................................................................ 33 Closing .............................................................................................................................................................. 34 Appendices: A – Mandatory Questionnaire Form B – Copy of Last Peer Review Report C – RFP Addendum EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 1 TTTrrraaannnsssmmmiiittttttaaalll LLLeeetttttteeerrr Mr. Rick Pearce Procurement Manager City of Milton 13000 Deerfield Pkwy, Suite 107G Milton, Georgia 30004 Dear Mr. Pearce: We appreciate the opportunity to propose on providing independent auditing services to the City of Milton, Georgia (the “City”) for the fiscal years ending September 30, 2012 through 2016. Mauldin & Jenkins, LLC is pleased to submit a qualifications package to continue to provide annual financial and compliance auditing services for the City. We have read the Request for Proposal and fully understand its intent and contents. We certify that we have adequate personnel, insurance, equipment, and facilities to fulfill the specified requirements. We understand that our ability to meet the criteria and provide the required services shall be judged solely by the Selection Committee. All deadlines specified in the RFP will be met. We understand the time frame for performance of the annual financial audits as stipulated by the City, and fully intend and expect to satisfy all objectives. We will conduct preliminary and final fieldwork within the schedule prescribed by the City in the RFP, and will issue all of the deliverables and reports substantially prior to the required due dates. As professionals serving the public sector, Mauldin & Jenkins is eminently qualified to serve the City. Without question, Mauldin & Jenkins is a leader in auditing state and local governments. This leadership was attained by viewing each of our audit clients differently. We recognize we are an important part of the City’s success, with our objective being to ensure that accurate information is reported to the Mayor and City Council, City management, and its citizens. Given the complexities of the City’s financial operations and the ongoing significant changes in accounting standards, we feel that it is important that you select an accounting firm that is focused and extremely experienced in the arena of governmental accounting and financial reporting. We achieve these objectives and thus differentiate ourselves from our peers in the following ways: Experience with Governments. As auditors for more governments in Georgia than any other firm, our Mauldin & Jenkins professionals are thoroughly versed in the City’s unique and complex functions and have consistently provided the highest quality of service to our government clients. Consider the following:  We audit fifty-nine (59) cities within the Southeast.  We audit thirty-one (31) counties within the Southeast.  We audit thirty-two (32) School Systems within the Southeast.  We’ve served sixty-six (66) governments in the past year which were awarded the GFOA's Certificate of Achievement for Excellence in Financial Reporting.  We audit sixty-seven (67) state agencies and authorities throughout the Southeast.  We are highly involved with several national and local governmental associations. The knowledge and experience of Mauldin & Jenkins in serving state and local governments, and the strong working relationship we maintain with our clients cannot be matched by any other firm. Mauldin & Jenkins presently provides over 60,000 hours of service to approximately 185 governmental units on an annual basis utilizing the efforts of over 65 full-time equivalent professionals. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 3 QQQuuuaaallliiifffiiicccaaatttiiiooonnnsss aaannnddd EEExxxpppeeerrriiieeennnccceee Mauldin & Jenkins at a Glance Mauldin & Jenkins was incorporated in the State of Georgia in 1920 and has been actively engaged in governmental auditing since its inception. Mauldin & Jenkins is ordinarily considered to be Georgia’s largest locally owned provider of audit and accounting services, and one of the largest certified public accounting firms in the country, servicing clients throughout the Southeastern United States. Mauldin & Jenkins, LLC is considered to be a large regional firm. We have offices in the following communities: Atlanta, GA ** Macon, GA ** Albany, GA Birmingham, AL ** Bradenton, FL As noted in our transmittal letter, Mauldin & Jenkins provides and supervises over 60,000 hours of service to governmental entities on an annual basis. The firm’s governmental practice is the largest niche in the firm and is approximately 27% of the firm’s total practice. However, size and resources alone are not the most meaningful measure of success; in the end, our clients remain the best judges of Mauldin & Jenkins' value. Mauldin & Jenkins employs approximately 240 total individuals. Approximately 80 of those individuals have current governmental accounting and auditing experience. Location of the Office from which the Work is to be Performed The Atlanta office is our Firm’s headquarters and will act as the lead in providing services to City. The Atlanta office employs 48 professionals with current experience in providing services to governmental entities and who will meet the continuing professional education requirements set forth in the U.S. General Accounting Office Government Auditing Standards. A further profile of the Atlanta office and the firm’s professionals as a whole is as follows: Atlanta Firm-wide Members (partners) 21 39 Managers 28 53 Supervisors and Seniors 16 34 Other Professional Staff & Consultants 45 82 110 208 In order to provide the highest quality service in the most cost efficient manner, Mauldin & Jenkins has formed a client service team which will function as a cohesive unit under the control and direction of Mr. Adam Fraley, the partner in charge of fieldwork, and Mr. Joel Black, the concurring partner. The team dedicated to audit the City will include (at a minimum) two (2) partners, one (1) manager, one (1) supervisor and at least one (1) staff professional. The supervisor and staff professionals will be on-site full time throughout the conduct of the audit. The partner will be onsite during the majority of the audit, including the planning and wrap up stages of the audit. Additionally, other governmental audit professionals will be available to assist throughout the fieldwork and the drafting and review of the financial reports. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 4 The audit partner in-charge will correspond with the City’s management on financial reporting, audit, and related issues on an ongoing basis, and this individual will also be dedicated to serve the City throughout fieldwork and throughout the years. Mauldin & Jenkins has the depth of resources which allows us to provide you with significant resources of knowledgeable professionals to meet your deadlines. As noted in the employee details, our proposed engagement team spends 100% of their time serving local governments which allows our team to have continued experience working with all aspects of governmental services, including but not limited to:  Compliance audits;  Landfill assurance;  Pension audits;  Grant compliance (local, state and federal);  Health and human services;  Budget reporting;  GASB reporting requirements;  GFOA and ASBO reporting requirements; and  Bond and other financing activity reporting Serving Governments for Over 90 Years Mauldin & Jenkins’ commitment to governments began when our firm was established. Since then, we have viewed service to governments as significant to the overall success of the firm. Today, the governmental sector is an industry that has been specifically identified for our continued growth in professional services. Accordingly, all professionals, from entry-level accountants to partners (who select the governmental sector as their focus) are trained to understand the issues and meet the needs of state and local governmental entities. As a foundation to providing the vast amount of annual hours of service to governmental entities, Mauldin & Jenkins employs over 65 full-time equivalent professionals dedicated to serving the governmental sector, and approximately 80 individuals with current governmental experience. This would include nine (9) partners and twelve (12) managers dedicated 100% to serving government clients, whose background in serving this sector aggregately amounts to almost 300 years of experience just among that group of professionals. We also have numerous additional professionals with current experience in providing services to governmental entities – many of whom spend their time exclusively on government clients. Mauldin & Jenkins’ dedicated professionals can bring a comprehensive understanding of the issues that face government entities as well as “bench strength” at all levels, allowing us to respond swiftly and effectively to your evolving needs. The goal of our government practice is to help governments improve their financial processes and strategies so that they can in turn achieve their goal of improving the lives of their citizens. This shared commitment to the goals of our clients has resulted in a significant government clientele. As noted in our transmittal letter, we currently audit approximately 185 governments in the southeast, with the vast majority of those governments located in Georgia. We know of no other firm that can match our expertise. Those We Serve Perhaps the greatest indicator of our reliability as a professional service provider to state and local governments is our growing list of clients. Along with providing financial audit services we also provide compliance audit services (Federal Single Audit for all clients and Florida requires a State Single Audit) as needed, for the clients listed below, which include audits in accordance with provisions of Federal and State Single Audit Acts. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 5 Cities The list of cities currently served by Mauldin & Jenkins is larger than any other firm. Cities we have served or are in the process of serving within the past two years are: 1) Alachua 15) College Park 30) Jefferson 45) Peachtree City 2) Albany 16) Conyers 31) Johns Creek 46) Phenix City 3) Alpharetta 17) Cordele 32) Kennesaw 47) Riverdale 4) Americus 18) Covington 33) Lilburn 48) Rockmart 5) Anniston 19) Decatur 34) Macon 49) Rome 6) Austell 20) Douglasville 35) Marco Island 50) Roswell 7) Ball Ground 21) Duluth 36) Marietta 51) Sandy Springs 8) Bradenton 22) Dunwoody 37) Milledgeville 52) Sharpsburg 9) Bremen 23) Fairburn 38) Milton 53) Social Circle 10) Bristol 24) Fayetteville 39) Monroe 54) St. Marys 11) Canton 25) Forest Park 40) Montezuma 55) Suwanee 12) Chamblee 26) Forsyth 41) Morrow 56) Union City 13) Chattahoochee 27) Grantville 42) Naples 57) Valdosta Hills 28) Griffin 43) North Port 58) Venice 14) Clarkston 29) Jasper 44) Palmetto 59) Whitesburg Counties The list of counties we serve is also larger than any other firm. Counties we have served or are in the process of serving within the past two years are: 1) Athens-Clarke 12) Forsyth 23) Pickens 2) Barrow 13) Gwinnett 24) Rockdale 3) Bibb 14) Henry 25) Spalding 4) Cherokee 15) Jones 26) Stephens 5) Clayton 16) Liberty 27) Sumter 6) Columbia 17) Lincoln 28) Taylor 7) Crawford 18) Lumpkin 29) Tift 8) Crisp 19) McIntosh 30) Toombs 9) DeKalb 20) Mitchell 31) Walton 10) Dougherty 21) Monroe 11) Floyd 22) Peach EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 6 School Systems The list of Boards of Education currently served by Mauldin & Jenkins is larger than any other firm. Boards of Education we have served or are in the process of serving within the past two years are: 1) Atlanta Public Schools 17) Glynn County Board of Education 2) Bartow County Board of Education 18) Gwinnett County Board of Education 3) Bibb County Board of Education 19) Henry County Board of Education 4) Carroll County Board of Education 20) Laurens County Board of Education 5) Carrollton City Schools 21) Manatee County Board of Education 6) Cartersville City Board of Education 22) Marietta City Schools 7) City of Dalton Board of Education 23) Marion County Board of Education 8) Cherokee County Board of Education 24) McDuffie County Board of Education 9) City Schools of Decatur 25) Oconee County Board of Education 10) Clayton County Board of Education 26) Polk County Board of Education 11) Cobb County Board of Education 27) Putnam County Board of Education 12) DeKalb County Board of Education 28) Rome Board of Education 13) Douglas County Board of Education 29) School District of Manatee County 14) Fayette County Board of Education 30) Thomas County Board of Education 15) Forsyth County Schools 31) Twiggs County Board of Education 16) Fulton County Board of Education 32) Walton County Board of Education State of Georgia The State of Georgia has several agencies, departments and component units that are audited by an independent public accounting firm. We currently audit the majority of the State of Georgia’s component units, and we audit approximately $12 billion (or 30%) of the State of Georgia’s General Fund. Please see the following for a listing of State governmental entities we audit: 1) Alabama Prepaid Affordable College Tuition 10) Ga. State Financing & Investment Commission Program (PACT)11) Ga. Student Finance Authority 2) Alabama Higher Education Loan Corporation 12) Kennesaw State University 3) Ga. Building Authority 13) Ga. State Properties Commission 4) Ga. Department of Community Health 14) Ga. State Road & Tollway Authority 5) Ga. DHR's Community Service Boards (8) 15) Stone Mountain Memorial Association 6) Ga. Education Authority 16) Ga. Lottery Corporation (Lotto) 7) Ga. Environmental Facilities Auth. (GEFA) 17) Ga. Higher Education Facilities Auth. 8) Ga. Higher Education Assistance Corp. 18) Ga. Superior Court Clerk's Cooperative Auth. 9) Ga. Ports Authority EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 7 Other Governments Special purpose local governmental entities we audit include utility service providers, general authorities, etc. Special purpose governmental entities we have audited within the past two years are: 1) Albany Dougherty Inner City Authority 26) Georgia Superior Court Clerk's Coop. Auth. 2) Americus / Sumter Co. Parks/Rec. Auth. 27) Glynn County Airport Commission 3) Atlanta - Fulton County Water Res. Com. 28) Gwinnet County Development Authority 4) Atlanta Development Authority 29) Gwinnett County Library System 5) Barrow County W&S Auth. 30) Gwinnett County Water & Sewer Authority 6) Bartram Trail Regional Library System 31) Henry County Water & Sewerage Authority 7) Brunswick-Glynn Joint W&S Com. 32) Houston County Library System 8) Carroll County Water Authority 33) Lumpkin County Dev. Auth. 9) Chatsworth Water Works Commission 34) Lumpkin County W&S Auth. 10) Cherokee Airport Authority 35) Macon Water Authority 11) City of Albany Water, Gas & Light Com. 36) Macon-Bibb County Landbank Auth. 12) City of Albany's Chehaw Park Authority 37) Metropolitan Atlanta Rapid Transit Authority 13) Classic Center Authority of Clarke County 38) MARTA / ATU Local 732 'Ee's Ret. Plan 14) Clayton County Housing Authority 39) Milledgeville - Baldwin Co. Chamber 15) Clayton County Water & Sewer Authority 40) Newton County Water & Sewerage Authority 16) Cobb - Marietta Water Authority 41) Ocmulgee Regional Library System 17) Columbia County Board of Health 42) Peachtree City Trourism Association 18) Crisp County Power Commission (etal) 43) Peachtree City Water & Sewer Authority 19) CSB - Albany 44) Pike County Public Library 20) Development Authority of Walton County 45) Springbrook Golf Course 21) Dodge County - Eastman Dev. Auth.46) Town Center Area Community Improvement District 22) Douglasville - Douglas Co. W&S Auth. 47) Toccoa-Stephens County Public Library 23) Dunwoody Convention & Visitors Bureau 48) Uncle Remus Library System 24) Forsyth County Public Library 49) Walton County Water & Sewer Auth. 25) Georgia Higher Education Facilities Auth. GFOA Awards We believe our individual and collective experiences in serving local governments are greater than any other firm. As noted previously, our partners have collectively provided audit services to approximately 185 governments during the past two (2) years. Additionally, they have assisted sixty-six (66) governmental units in obtaining and maintaining the GFOA’s Certificate of Achievement for Excellence in Financial Reporting. Along with the vast amount of experience Mauldin & Jenkins has with client’s receiving the GFOA’s Certificate of Achievement for Excellence in Financial Reporting, it should also be noted that Mauldin & Jenkins’ clients have never failed to obtain or maintain the GFOA’s Certificate upon seeking this award. Please see the schedule listing each of our current Certificate clients on the following page. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 8 1) City of Alachua 37) Athens-Clark County ** 2) City of Albany 38) Barrow County** 3) City of Alpharetta**39) Bibb County 4) City of Americus 40) Cherokee County ** 5) City of Austell**41) Clayton County 6) City of Ball Ground**42) Columbia County 7) City of Bradenton 43) Floyd County ** 8) City of Canton **44) Forsyth County** 9) City of College Park **45) Gwinnett County ** 10) City of Conyers 46) Henry County 11) City of Cordele 47) Liberty County 12) City of Decatur **48) Lumpkin County** 13) City of Douglasville **49) Paulding County** 14) City of Dunwoody**50) Rockdale County 15) City of Fairburn**51) Spalding County 16) City of Fayetteville 17) City of Forest Park**Boards of Education: 18) City of Griffin 52) Atlanta Public Schools** 19) City of John's Creek **53) Bibb County Board of Education 20) City of Kennesaw **54) Cartersville City Schools** 21) City of Marco Island 55) Clayton County Schools 22) City of Milledgeville 56) Cobb County Schools** 23) City of Milton **57) Fayette County Board of Education 24) City of Monroe **58) Fulton County Schools** 25) City of Naples 59) Gwinnett County Board of Education** 26) City of North Port 60) School District of Manatee County 27) City of Palmetto 28) City of Riverdale Other Governmental Entities: 29) City of Rome **61) Central Savannah River Area Regional Commission 30) City of Roswell **62) Clayton County Water Authority 31) City of Sandy Springs **63) Douglasville - Douglas County Water Authority** 32) City of Suwanee 64) Henry County, Water & Sewerage Authority 33) City of Union City 65) Macon Water Authority 34) City of Venice 66) Metropolitan Atlanta Rapid Transit Authority** State of Georgia Entities: 35) Georgia Environmental Facilities Authority (GEFA)** 36) Georgia Ports Authority Cities:Counties: ** Denotes GFOA Certificate of Achievement for Excellence in Financial Reporting clients served by Mauldin & Jenkins’ Atlanta office. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 9 Client References In addressing the City’s interest in the qualifications and client references of Mauldin & Jenkins and the request for references, we have elected to report on five (5) cities which most closely resemble the City of Milton in size and services. Should management of the City need additional references, we would be happy to provide such data. The five (5) cities we audit which most closely resemble the City of Milton are as follows: Governmental Entity Scope of Services Provided Total Hours of Service Dates of Service Engagement Members Contact Persons & Telephone Numbers City of Roswell City government located north of Atlanta (Fulton County) with approximately 79,000 in population and total assets in excess of $210 million with approximately $76 million in revenues. City provides numerous services including: water, sewer, solid waste collection and disposal, public safety, parks and recreation, community development, and other usual and customary services to its citizens. Financial & compliance audits; Single Audits; and Certificate of Achievement awarded by GFOA. 550 hours 2004 to currently Adam Fraley and Joel Black Kay Love 770-594-6420 or Wendy Johnson 770-641-3738 City of Alpharetta City government located north of Atlanta (Fulton County) with over 38,500 in population and assets in excess of $108 million and revenues in excess of $64 million. City provides numerous services to its citizens. Financial and compliance audits; audits of component unit; and Certificate of Achievement awarded by GFOA. 330 hours 2005 to current Adam Fraley and Joel Black Tom Harris 678-297-6096 City of Chattahoochee Hills City government south of Atlanta (Fulton County) with population of approximately 2,400. Total assets in excess of $3 million and total revenues of approximately $1.2 million. Financial & compliance audits; preparation of Financial Report. 120 hours 2008 to current Adam Fraley and Joel Black Kyle Jones 770-463-5550 City of Johns Creek City government north of Atlanta (Fulton County) with population of approximately 77,000. Total assets of approximately $155 million and revenues in excess of $50 million. Financial & compliance audits; preparation of CAFR and Certificate of Achievement awarded by GFOA. 225 hours 2007 to current Adam Fraley and Joel Black Monte Vavra 678-512-3200 City of Sandy Springs City government located north of Atlanta (Fulton County) with approximately 100,000 in population and total assets in excess of $143 million with approximately $102 million in revenues. City provides numerous services including: public safety, parks and recreation, community development, and other usual and customary services to its citizens. Financial & compliance audits; Single Audits; audits of component units; preparation of CAFR; and Certificate of Achievement awarded by GFOA. 550 hours 2006 to current Adam Fraley and Joel Black Karen Ellis 770-206-1457 EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 10 SSStttaaaffffff PPPrrrooofffiiillleee Primary Client Contact We realize that, regardless of our Firm’s qualifications, the quality of service the City receives will correlate directly to the skill level, dedication, and resourcefulness of your engagement team. The individuals listed below have been selected to serve the City based on their years of hands-on experience working with government entities, and for their commitment to exceeding client expectations. Your team members are dedicated and resourceful, and among the most talented in their field. We encourage you to contact us whenever you have questions and to view us not just as auditors, but as true advisors. It should be noted that we have additional managers and seniors (some of which are listed in this proposal) who spend the majority of their time on governmental audits, and they are available on an as needed basis. These individuals could be utilized on the City’s audit as needed to ensure timely completion and delivery of services. All staff assigned to the engagement meet the continuing education requirements of Government Auditing Standards issued by the Comptroller General of the United States. Please see the following pages for information on several key individuals who are available to serve the City of Milton during the audit process. Adam Fraley, CPA Lead Partner & Primary Client Contact Adam is a certified public accountant and a partner at Mauldin & Jenkins, LLC specializing in serving local and state governmental entities. His experience covers a variety of clients in state and local government organizations. He spends 100% of his time serving state and local governments. Adam’s contact information is as follows: 200 Galleria Parkway, Suite 1700 Atlanta, Georgia 30339 Phone No: (678) 742-6771 Fax No: (678) 742-6788 AFraley@mjcpa.com Years of Professional Experience and Years with Firm: Adam has fifteen years of experience in public accounting, all of which has been with Mauldin & Jenkins, LLC serving a wide range of government clients. List of Audits Performed for Governments in the Last Two Years  Douglas County Board of Education  Cartersville Board of Education (GFOA)  Cobb County Board of Education (GFOA & ASBO)  Cherokee County Board of Education  Forsyth County Board of Education  City of Canton (GFOA)  City of Roswell (GFOA)  City of Decatur (GFOA)  Pickens County  Lumpkin County (GFOA)  Walton County (GFOA)  Forsyth County (GFOA)  Paulding County (GFOA)  Cherokee County (GFOA)  Chattahoochee River 911 Authority  State Properties Commission  Georgia Ports Authority (GFOA) EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 11  City of Kennesaw (GFOA)  City of Ball Ground (GFOA)  City of Dunwoody (GFOA)  City of Monroe (GFOA)  City of Milton (GFOA)  City of Sandy Springs (GFOA)  City of Johns Creek (GFOA)  City of Alpharetta (GFOA)  City of Chattahoochee Hills  City of Social Circle (GFOA)  City of Valdosta (GFOA)  Georgia Building Authority  Walton County Water & Sewer Authority  Douglasville-Douglas County Water & Sewer Authority (GFOA)  Chatsworth Water Works Commission  Cobb County-Marietta Water Authority  Lumpkin County Water & Sewer Authority  Development Authority of Lumpkin County  Forsyth County Public Library  Metropolitan Atlanta Rapid Transit Authority (MARTA) (GFOA) Degree/Certifications and Audit Training: Adam has obtained a significant amount of continuing professional education over the last three years including: 2012 GGFOA Annual Conference, Savannah, Georgia – Instructor and Participant 2012 M&J yoU Conference, Stone Mountain, Georgia – Instructor and Participant 2011 National AICPA Governmental Accounting and Auditing Conference, Washington D.C. 2011 Mauldin & Jenkins Annual Conference, Peachtree City (Instructor and Participant) 2011 GGFOA Annual Conference, Savannah, Georgia 2011 Mauldin & Jenkins Client Training – 2nd Quarter - Instructor 2011 Mauldin & Jenkins Client Training – 1st Quarter – Instructor 2011 PPC Audit Training by Audit Watch, Atlanta, Georgia 2010 GFOA Annual National Conference, Atlanta, Georgia 2010 GGFOA Annual Conference, Savannah, Georgia 2010 Mauldin & Jenkins Annual Conference, Stone Mountain, Georgia (Instructor and Participant) Adam graduated from Georgia College & State University with a B.B.A. in Accounting. He has been a featured speaker at various GGFOA Conferences and other GGFOA workshops. Professional and Civic Activities: Adam is a Certified Public Accountant and a member of the American Institute of Certified Public Accountants, Georgia Society of Certified Public Accountants, the Government Finance Officers Association, the Georgia Government Finance Officers Association, and the Association of Government Accountants, which he currently serves as the Director of their audit committee. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 12 Key Personnel for the City’s Account Joel Black, CPA Concurring Partner (Quality Control Review Partner) Joel is a member (i.e. partner) with Mauldin & Jenkins. His experience covers a variety of clients in federal, state, and local government, and non-profit organizations. Joel would serve as the quality assurance partner and technical advisor during the audit and throughout the year, as needed. Joel’s contact information is as follows: 200 Galleria Parkway, Suite 1700 Atlanta, Georgia 30339 Phone No: (770) 955-8600 Fax No: (678) 742-6788 JMBlack@mjcpa.com Years of Professional Experience and Years with Firm Joel has twenty years of experience in public accounting, twelve years of which was with KPMG LLP serving a wide range of government clients. He joined Mauldin & Jenkins in 2004, becoming a partner in 2005. He currently serves on the firm’s Audit and Accounting Committee, helping establish audit policies and answering technical questions for the firm’s governmental partner group. Joel serves on the Executive Committee of the AICPA’s Government Audit Quality Center. Joel also recently served as the chairman for one of five national AICPA task forces focused on improving the quality of Single Audits within the auditing profession. His task force encompasses improving the testing of internal controls and compliance. Among his duties include rewriting three chapters of the AICPA Audit Guide on Government Auditing Standards and OMB Circular A-133 Audits. While at KPMG, he served as one of six managers within the firm who were GASB Statement No. 34 technical resources—answering questions on behalf of the firm’s Department of Professional Practice for KPMG personnel around the country. Joel is a technical reviewer for GFOA’s Certificate for Excellence in Financial Reporting Program. List of Audits Performed for Governments in the Last Two Years The following is a summary of clients served as partner or concurring review partner:  Douglas County Board of Education  Gwinnett County Board of Education (GFOA & ASBO)  Cobb County Board of Education (GFOA & ASBO)  Cartersville Board of Education (GFOA)  Forsyth County Board of Education  Walton County (GFOA)  Forsyth County (GFOA)  Floyd County (GFOA)  Gwinnett County (GFOA)  Athens-Clarke County (GFOA)  DeKalb County (GFOA)  Fulton County (GFOA)  City of Sandy Springs (GFOA)  City of Suwanee (GFOA)  City of Lilburn  City of Milton (GFOA)  City of Monroe (GFOA)  City of Roswell (GFOA)  City of Sandy Springs (GFOA)  City of Toccoa  State of South Carolina  Metro Government of Nashville/Davidson Co., TN (GFOA)  Douglasville-Douglas County Water & Sewer Authority (GFOA)  Georgia State Financing & Investment Comm. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 13  Lumpkin County (GFOA)  Paulding County (GFOA)  City of Alpharetta (GFOA)  City of Canton (GFOA)  City of College Park (GFOA)  City of Decatur (GFOA)  City of Duluth  City of Dunwoody (GFOA)  City of Johns Creek (GFOA)  City of Kennesaw (GFOA)  Georgia Higher Education Facilities Authority  Georgia Environmental Facilities Authority  Georgia Department of Community Health  Georgia Lottery Corporation  Urban Residential Finance Authority of Atlanta  Atlanta Development Authority  Gwinnett County Development Authority  Central Midlands Regional Transit  MARTA (GFOA) Joel coordinates the Mauldin & Jenkins annual three day training for all governmental partners and staff and also developed and instructed the internal training on the new Risk Assessment Standards for audits. He also coordinates and leads the instruction of the free quarterly CPE provided to M&J clients. He has obtained and instructed a significant amount of continuing professional education over the last three years including: 2012 GGFOA Annual Conference, Savannah, Georgia – Instructor and Participant 2012 M&J yoU Conference, Stone Mountain, Georgia – Instructor and Participant 2011 GSCPA, Governmental Accounting and Auditing Conference - Instructor 2011 AICPA Government and Not-for-Profit Training Program – Orlando, FL – Instructor 2011 Florida Government Finance Officers Association Panhandle GASB Update - Instructor 2011 Georgia Government Finance Officers Association Annual Conference - Instructor 2011 M&J Government Client Training – 3rd Quarter - Instructor 2011 AICPA Government Accounting and Auditing Update, Washington, D.C. 2011 Mauldin & Jenkins, Governmental Accounting and Auditing Update - Instructor 2011 Georgia State University Public Policy Symposium - Instructor 2011 City of Dunwoody Accounting Conference - Instructor 2011 M&J Government Client Training – 1st Quarter - Instructor 2011 PPC Audit Training by Audit Watch, Macon, Georgia 2010 GSCPA, Governmental Accounting and Auditing Conference - Instructor 2010 M&J Government Client Training – 4th Quarter - Instructor 2010 AICPA Government and Not-for-Profit Training Program – Las Vegas, NV - Instructor 2010 Georgia Government Finance Officers Association Annual Conference - Instructor 2010 M&J Government Client Training – 3rd Quarter - Instructor 2010 ACPEN Network – Government Update - Dallas, TX - broadcast over web - Instructor 2010 M&J Government Client Training – 2nd Quarter - Instructor 2010 M&J Government Client Training – 1st Quarter - Instructor Joel is often a speaker at government accounting and auditing conferences, many of which are noted above, and is on the planning committee for the annual AICPA Government and Not-for-Profit Training Program, which was in Orlando in the fall of 2011 and will be in Las Vegas in the fall of 2012. Joel serves as a Technical Reviewer for the GFOA in the CAFR certificate of excellence in financial reporting program and also served as one of eight senior managers on KPMG’s professional practice and quality assurance team, performing technical reviews on various Single Audit engagements from other offices throughout the United States. Joel graduated from Georgia State University with a Bachelor of Business Administration in Accounting and is a Certified Public Accountant. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 14 Professional and Civic Activities: Joel is a Certified Public Accountant and a member of the American Institute of Certified Public Accountants, Georgia Society of Certified Public Accountants, the Government Finance Officers Association, the Georgia Government Finance Officers Association, and the Association of Government Accountants. Erin Fraley, CPA Reviewing and Client Service Manager Erin is a manager and a certified public accountant with Mauldin & Jenkins. Her managerial experience covers a variety of state and local governmental organizations. Erin spends 100% of her time serving state and local governments. Erin will serve as the manager responsible for reviewing the audit work and reports issued, technical assistance, and assistance as needed in meeting client service deadlines. Erin’s contact information is as follows: 200 Galleria Parkway, Suite 1700 Atlanta, Georgia 30339 Phone No: (770) 955-8600 Fax No: (678) 742-6788 Email: EFraley@mjcpa.com Years of Professional Experience: Erin has over fourteen (14) years of experience in public accounting, all of which has been with Mauldin & Jenkins, serving a wide range of government clients. List of Audits Performed for Governments in the Last Two Years  Cartersville Board of Education (GFOA)  Cobb County Board of Education (GFOA & ASBO)  Douglas County Board of Education  Forsyth County Board of Education  Cherokee County Board of Education  City of Alpharetta (GFOA)  City of Canton (GFOA)  City of Chattahoochee Hills  City of Decatur (GFOA)  City of Dunwoody (GFOA)  City of Johns Creek (GFOA)  City of Kennesaw (GFOA)  City of Milton (GFOA)  City of Monroe (GFOA)  City of Roswell (GFOA)  City of Sandy Springs (GFOA)  City of Social Circle  Forsyth County (GFOA)  Lumpkin County (GFOA)  Paulding County (GFOA)  Pickens County  Walton County (GFOA)  Lumpkin County Water & Sewer Authority  Chatsworth Water Works Commission  Cobb County-Marietta Water Authority  Douglasville-Douglas County Water & Sewer Authority (GFOA)  Chattahoochee River 911 Authority  Dunwoody Convention and Visitors Bureau  Friends of Bulloch, Inc.  Historic Roswell Convention & Visitors Bureau EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 15 Degree/Certifications and Audit Training: Erin has obtained a significant amount of continuing professional education over the last three years including: 2012 M&J yoU Conference, Stone Mountain, Georgia – Participant 2011 GASB Update, Atlanta, Georgia 2011 Mauldin & Jenkins Annual Conference, Peachtree City (Instructor and Participant) 2011 PPC Audit Training by Audit Watch, Macon, Georgia 2010 GASB Update, Atlanta, Georgia 2010 Single Audit Training Class, Atlanta, Georgia 2010 Mauldin & Jenkins Annual Governmental Conference, Stone Mt, Georgia Erin graduated from Georgia College & State University with a B.B.A. in Accounting. Professional and Civic Activities: Erin is a Certified Public Accountant and a member of the American Institute of Certified Public Accountants, Georgia Society of Certified Public Accountants, the Government Finance Officers Association, and the Georgia Government Finance Officers Association. Tim Lyons, CPA Engagement Supervisor Tim is a supervisor with Mauldin & Jenkins. His experience with the firm covers a variety of state and local governmental organizations. He spends 100% of his time serving state and local governments. Tim’s contact information is as follows: 200 Galleria Parkway, Suite 1700 Atlanta, Georgia 30339 Phone No: (770) 955-8600 Fax No: (678) 742-6788 Email: TLyons@mjcpa.com Years of Professional Experience: Tim has four years of experience in public accounting, a year and a half with a firm based out of Charleston, South Carolina and over three years with Mauldin & Jenkins, serving a wide range of clients in the public services industry. List of Audits Performed for Governments in the Last Two Years  Atlanta Independent School System (GFOA & ASBO)  Fulton County Board of Education (GFOA & ASBO)  City of Alpharetta (GFOA)  City of Austell  City of Canton (GFOA)  City of Chamblee  City of College Park (GFOA)  City of Decatur (GFOA)  City of Forest Park (GFOA)  Floyd County (GFOA)  Gwinnett County (GFOA)  Pickens County  Lumpkin County (GFOA)  Atlanta Development Authority  Austell Natural Gas System  Chatsworth Water Works Commission  City of Atlanta – Tax Allocation Districts  Cobb County-Marietta Water Authority  Douglasville-Douglas County Water & Sewer Authority (GFOA) EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 16  City of Kennesaw (GFOA)  City of Johns Creek (GFOA)  City of Monroe (GFOA)  City of Milton (GFOA)  City of Sandy Springs (GFOA)  Lumpkin County Water and Sewer Authority  Georgia State Financing & Investment Commission  Georgia Student Finance Authority  Cherokee County (GFOA) Degree/Certifications and Audit Training: Tim has obtained a significant amount of continuing professional education over the last two years including: 2012 M&J yoU Conference, Stone Mountain, Georgia – Instructor and Participant 2011 Mauldin & Jenkins Annual Conference, Peachtree City 2011 PPC Audit Training by Audit Watch, Atlanta, Georgia 2010 Mauldin & Jenkins Annual Governmental Conference – Stone Mountain, Georgia 2010 RSM McGladrey Network Audit Training – Atlanta, Georgia 2010 Mauldin & Jenkins Single Audit Training – Atlanta, Georgia 2010 Mauldin & Jenkins Comprehensive Annual Financial Report Training – Macon Georgia 2010 RSM McGladrey Audit Sampling & Risk Assessment Training – Atlanta, Georgia Tim graduated from Furman University with a Bachelor of Arts in accounting and obtained his Masters of Science in accountancy from the College of Charleston. Professional and Civic Activities: Tim is a Certified Public Accountant and a member of the American Institute of Certified Public Accountants (AICPA) and the Georgia Society of Certified Public Accountants (GSCPA). Tim was one of only thirty-six (36) CPAs to be selected from a national pool of applicants to attend the AICPA’s 2012 Leadership Academy. The Academy brings together rising stars in the profession from across the country to learn leadership theory and strategic planning techniques, to explore scenarios for handling complex management challenges and discuss the most important issues facing CPAs and the accounting industry. In 2009, he served as a member of the Young CPAs Task Force with the GSCPA, seeking to promote and encourage the development of the profession amongst college students & recent graduates. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 17 Other Personnel Available to Serve the City Miller Edwards, CPA Miller is a member (i.e. partner) and a certified public accountant with Mauldin & Jenkins. His experience covers a variety of clients in federal, state, and local government. He is responsible for the firm-wide governmental practice division of Mauldin & Jenkins. He also is a member of the Firm’s five (5) member Executive Committee which governs the actions and directions of the Firm. He is a member of the Firm’s Audit & Accounting (A&A) Committee. Years of Professional Experience: Miller has twenty-five (25) years experience in providing public accounting services to the governmental sector, all of which has occurred as an auditor with Mauldin & Jenkins. Since becoming a partner, Mauldin & Jenkins has become the leader in auditing state and local governmental units in the Southeast helping the Firm achieve the status of auditing more cities, counties, other local governmental units, state agencies and authorities than any other certified public accounting firm. Under Miller’s leadership, Mauldin & Jenkins now serves approximately 185 governmental units. Miller serves both large and small governmental units, and is involved directly and indirectly in serving over 70 such governmental entities over the past several years. Miller is an instructor/consultant for the University of Georgia’s Carl Vinson Institute of Government providing as much as 200 hours annually of continuing education to state and local government officials on the subjects of governmental accounting and financial reporting. He provides similar instructional services on behalf of the Georgia Government Finance Officers Association (GGFOA) and the Government Finance Officers Association of Alabama (GFOAA), and is often a guest speaker at various governmental trade shows and conventions. In the past ten (10) years, he has been a speaker at each of the GGFOA’s annual conferences on various subjects ranging from: panel member of experts, audit efficiency of governmental units; auditor independence; CAFR Prep 101; several GASBS No. 34 sessions; and, each year’s GASB updates. Miller was honored with the GGFOA’s award for “Outstanding Service to the GGFOA” during the annual conference held in Savannah in October 2003, recognizing his leadership and effort in providing direction and training on various topics affecting local governmental entities. Further, on behalf of Mauldin & Jenkins, Miller accepted the GGFOA’s President’s Award recognizing Mauldin & Jenkins efforts in the governmental arena in Georgia as of October 2007. Meredith Lipson, CPA Meredith is a member (i.e. partner) and a certified public accountant with Mauldin & Jenkins governmental practice sector. Most of her experience is with state and local governments. She has twenty (20) years experience in providing public accounting services to the governmental sector. Meredith currently spends 100% of her time serving local governments and a few not-for-profit entities. Years of Professional Experience: Meredith has more than twenty (20) years of experience in public accounting, all with Mauldin & Jenkins, serving a wide range of clients in the public services industry. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 18 Doug Moses, CPA Doug is a member (i.e. partner) and a certified public accountant with Mauldin & Jenkins. His managerial experience as partner and client executive with the firm covers a variety of state and local governmental organizations. Doug spends 100% of his time serving local governments. Years of Professional Experience: Doug has fourteen (14) years of experience in public accounting, all of which has been with Mauldin & Jenkins, LLC serving a wide range of government clients. Wade Sansbury, CPA Wade is a member (i.e. partner) and a certified public accountant with Mauldin & Jenkins. His managerial experience as partner and client executive with the firm covers a variety of state and local governmental organizations. Wade spends 100% of his time serving local governments. Years of Professional Experience: Wade has sixteen (16) years of experience in public accounting, all of which has been with Mauldin & Jenkins, LLC serving a wide range of government clients. Matt Hill, CPA Matt is a client executive and senior manager and a certified public accountant with Mauldin & Jenkins. His managerial experience covers a variety of state and local governmental organizations. Matt spends 100% of his time serving state and local governments. Years of Professional Experience: Matt has over thirteen (13) years of experience in public accounting, all of which has been with Mauldin & Jenkins, serving a wide range of government clients. James Bence, CPA James is a client executive and senior manager and a certified public accountant with Mauldin & Jenkins. His managerial experience covers a variety of state and local governmental organizations. James spends 100% of her time serving state and local governments. Years of Professional Experience: James has over nine (9) years of experience in public accounting, all of which has been with Mauldin & Jenkins, serving a wide range of government clients. Christopher McKellar, CPA Christopher is a manager with Mauldin & Jenkins and is a certified public accountant, specializing in serving local and state governmental entities. His experience covers a variety of clients in state and local government organizations. Christopher spends 100% of his time serving state and local governments. Years of Professional Experience: Christopher has over six (6) years of experience in public accounting, all with Mauldin & Jenkins, serving a wide range of clients in the public services industry. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 19 Other Staff Auditors & Accountants Prior experience with government audits is as important for the staff as it is for management. Experience in governmental accounting and auditing minimizes the amount of time the staff will require to fully understand the complexities of the operations and financial accounting and reporting systems. Prior experience also enables the staff to recognize problems early in the engagement. This, in turn, allows the desired early consideration and resolution of problems. All staff assigned to the City’s engagement will have prior experience serving government clients and/or will have substantial government audit training. All staff assigned to the City will be on-site throughout the entire engagement. We would like to stress the fact that the majority of our governmental staff work on state and local governments 100% of their time. This reduces the “learning curve” on most all audits by reducing the amount of “on site training” that occurs at most other accounting firms. This is very evident in our proposed hours, which are typically much less than that of other firms. Our staff know what is required and how to get the work done efficiently and effectively. Our staff members understand the laws and regulations specifically pertinent to Georgia entities. We also normally have more high-level hours of service by our partners and managers (in the conduct of fieldwork) than other firms, thereby reducing redundancy and other audit engagement inequities. We bring our experience to the field where timely decisions can be made. Changes In Personnel We place a high level of importance upon the continuity of our engagement team members. We recognize that this is also an important factor for the City, as it limits the amount of retraining that needs to be performed each year. It is also our goal to minimize disruptions to the City by staffing the engagement so as to provide continuity, both during and between audits. It is the Firm’s policy not to rotate key audit staff off a multi-year contracted audit engagement. Consequently, it is not anticipated that any key audit personnel will be rotated away from the City’s annual audit. The only changes at key levels that could possibly occur would stem from City actions and the escalation in ability of lower levels of staff to key roles. Any such changes in key personnel would always be discussed timely with City officials to their satisfaction, and respective resumes of replacement personnel will be provided. Our staff retention rates are considered to be among the best in the profession (and much better than national firms). We are able to not only provide consistency with the partner and manager on our engagement teams – but seniors and staff as well. Many of our clients will tell you that they routinely have seniors and staff return to serve them year after year. Education All members (i.e., partners) and staff of Mauldin & Jenkins receive substantial continuing education in audit and accounting – probably over 100 hours of such study per year. As soon as a staff person becomes a key ingredient to any type of niche service such as governmental audit and accounting, specific continuing education is sought. A good example includes sending our staff with over one (1) year of governmental audit experience to the GFOA’s intermediate training for audit and accounting wherever it may be taught. From that point onward, individuals are sent to various GFOA and GGFOA training courses, and AICPA governmental-specific courses. All staff associated with the annual audit of the City of Milton will exceed all the continuing professional education requirements contained in the Yellow Book throughout the term of the agreement. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 20 Experience With New Or Start-up Governmental Organizations Mauldin & Jenkins has substantial experience assisting new or start-up organizations over the years. Our services to these organizations have included everything from traditional financial statement audits, to internal audits, to other special services. Many of these clients have continued to use our services years after their initial start-up due to our wealth of knowledge and expertise and superior client service. We have provided assistance to several governmental entities during their initial year of operation. These services have included audits, financial statement preparation, and consulting services. These governments include: City of Sandy Springs City of Johns Creek City of Milton City of Chattahoochee Hills City of Dunwoody We have also provided assistance to numerous other governmental entities that qualify as component units of other governments. We have worked with the primary government related to the new component unit organization to ensure that transactions and relationships between the two entities are properly identified and reported in each entity’s financial statements. We believe our experience with the Cities of Sandy Springs, Johns Creek, Dunwoody, and Chattahoochee Hills, as well as the City of Milton, would be very valuable to the City. There are a number of unusual issues associated with a recently incorporated city that must be considered as part of the audit process, especially during the first year of an audit. We have spent time researching and contemplating such issues with all of the newly incorporated cities and believe that Milton can continue to benefit greatly from these efforts, as other firms would have no prior experience with these types of arrangements. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 21 QQQuuueeessstttiiiooonnnnnnaaaiiirrreee,,, WWWooorrrkkk PPPlllaaannn,,, aaannnddd AAApppppprrroooaaaccchhh tttooo AAAuuudddiiittt Mandatory Questionnaire Form As required by the RFP, we have completed the Mandatory Questionnaire Form and it is attached to our proposal as Appendix A. In completing the questionnaire, we certify:  That we are properly licensed for public practice as certified public accountants;  That we meet the independence requirements of the Government Auditing Standards issued by the Comptroller General of the United States;  That our staff working on or associated with the City’s account meet the continuing education requirements of Government Auditing Standards;  That we do not have a record of substandard audit work;  That we agree to abide by the terms and conditions established in Section 1.9 of the RFP. General Audit Plan, Timing, and Deliverables Mauldin & Jenkins believes that we are uniquely qualified to perform the audit of the City. In a time in which very significant changes are being implemented in the City’s financial reporting model, it is imperative for the City’s auditors to understand the City’s financial reporting environment and processes. The team proposed to serve you is made up of individuals who have significant experience in auditing local governments of various sizes in Georgia. For our audit of the City’s fiscal year ended September 30, 2012, we expect to begin our preliminary fieldwork (commonly referred to as “planning procedures”) in early December 2012 or earlier if the schedules of City staff permit. As we would be continuing our relationship with the City for the fiscal year then ended, our start-up work for the audit would not include any additional procedures from those performed in prior years. During our planning procedures, we will meet with various City staff to complete and update our understanding of internal control, perform risk assessments that will drive our audit fieldwork, and obtain other documents which need to be completed prior to the audit (such as confirmations which will be sent out to various parties including financial institutions, the Georgia Department of Revenue, etc). We expect to begin our final fieldwork for the City’s audit in mid-January with a scheduled delivery of draft financial statements and reports at the conclusion of the two (2) week period for audit fieldwork. While the City is reviewing and making any required changes to our reports, the audit file will undergo all stages of our review process, with the target issuance of final reports scheduled for the end of February. The table on the following page summarizes our tentative work plan for the City’s audit of the fiscal year ending September 30, 2012. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 22 City of Milton, Georgia (Proposed time schedule for the fiscal year ended September 30, 2012) Dates Planning of the engagement Nov/Dec 2012 Conduct of interim work Nov/Dec 2012 Submission of audit plan and list of schedules to be prepared for final fieldwork Nov/Dec 2012 Conduct final fieldwork and reviews Jan 2013 Preparation of draft financial statements and reports Feb 2013 Delivery of draft reports and management letter, meetings, etc.2/15/2013 Delivery of final reports and management letter, meetings, etc.by 3/1/2013 Mayor/City Council Presentation Mar 2013 This would include drawing samples and selection of items to confirm. It would also include updating our understanding of the internal control system. We would spend time with City officials to determine the nature and extent of final fieldwork procedures. We would strive to gather enough information to be able to effectively communicate our needs for conduct of final fieldwork through the form of a letter requesting items needed, and determining sample sizes. We would typically return to the City in mid-January (or at an agreed upon date in which the City would be ready). It is important to us that the City be completely ready prior to starting. We have found that auditing a moving target can be quite costly. We would begin at this point to conduct final audit procedures of a substantive and compliance nature. We would be on-site as much as needed. We would also continue to discuss the specific elements of the financial statements and footnotes with the City as needed from our office. We would expect to deliver reviewed draft reports to the City by February 15, 2013 in order to produce final reports by March 1st. We would visit City offices at an agreeable time to update our understanding of their daily methodologies and month- end and annual closeouts. The above timeframes are estimates based on our understandings with the City as to its desires. We at Mauldin & Jenkins would be flexible in the timing of certain events as requested by the City. Additionally, we will be able to capitalize on our past experience with the City thus substantially reducing the amount of hours that other firms would have to spend learning the City’s financial operations. As noted in the above table, we want to work with City personnel in an effective manner. We will do a great deal of planning and tailoring of our approach from our initial visits. We do not want our clients to feel that they have to reinvent the wheel every time we ask for something. However, to make this process cost the City as little as possible (both in dollars and their individual time); it is important to start only when ready and avoid auditing a moving target. Scope of Work to be Performed The overall objective in serving the City is to render our professional opinion on the fair presentation of the City’s comprehensive annual financial report prepared in accordance with accounting principles generally accepted in the United States of America for each of the respective years ending September 30th. The audits will be conducted in accordance with auditing standards generally accepted in the United States of America, promulgated by the American Institute of Certified Public Accountants; Government Auditing Standards, issued by the Comptroller General of the United States; all applicable Financial Accounting Standards Board (FASB) Statements, Accounting Research Bulletin (ARB’s), not in conflict with GASB pronouncements and Accounting Principles Board (APB) Opinions and the Official Code of Georgia Annotated; all applicable requirements of audits for local governments in the Official Code of Georgia Annotated; and all EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 23 regulations of the Georgia Department of Audits and Accounts. Should a Single Audit be required, the audit will be performed in accordance with the American Institute of Certified Public Accountants (AICPA) Standards, Government Auditing Standards, the Single Audit Act Amendments of 1996, and the Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Nonprofit Organizations. We understand that professional standards are constantly changing and it is our responsibility to ensure that the appropriate standards are followed. Our audits will be completed, and reports will be issued by the deadlines specified in your RFP, assuming normal cooperation of City personnel. The audits will be designed to accomplish the following objectives: 1. To determine whether the financial statements present fairly the respective financial position of the governmental activities, the discretely presented component unit, each major fund, the aggregate remaining fund information and the respective changes in financial position thereof, in accordance with accounting principles generally accepted in the United States of America. In addition, to determine whether the combining and individual nonmajor fund financial statements and the schedule of expenditures of federal awards (if applicable) are fairly presented in all material respects in relation to the basic financial statements taken as a whole. 2. To obtain an understanding of internal control over financial reporting sufficient to plan the audit by performing procedures to understand both the design of controls relevant to an audit of financial statements and whether they have been placed in operation, and assess control risk, in accordance with AICPA Statement of Auditing Standards (SAS) Number 55, Consideration of Internal Control in Financial Statement Audit, as amended by SAS Number 78, Consideration of Internal Control in a Financial Statement Audit: An Amendment to SAS No. 55. 3. To provide reasonable assurance that the financial statements are free of material misstatements resulting from violations of laws and regulations that have a direct and material effect on the determination of financial statement amounts in accordance with SAS Number 54, Illegal Acts by Clients, as described in SAS Number 74, Compliance Auditing Considerations in Audits of Governmental Entities and Recipients of Governmental Financial Assistance, and to provide reasonable assurance that the financial statements are free of material misstatements (whether caused by error or fraud), as described in SAS Number 82, Consideration of Fraud in a Financial Statement Audit, and SAS Number 47, Audit Risk and Materiality in Conducting an Audit. The Codification of Statements on Auditing Standards, Section AU 317 requires the auditor to consider laws and regulations that are generally recognized by auditors to have a direct and material effect on the determination of financial statement amounts. The Auditor’s responsibility to detect and report misstatements resulting from illegal acts having a direct and material effect on the determination of financial statement amounts is the same as that for errors and irregularities. In addition, the Auditor should be aware of the possibility that illegal acts that may, in particular circumstances, be regarded as having material but indirect effects on financial statements may have occurred. If specific information comes to the auditor's attention that provides evidence concerning the existence of possible illegal acts that could have a material indirect effect on the financial statements, the auditor should apply audit procedures specifically directed to ascertaining whether an illegal act has occurred. 4. To provide reasonable assurance of detecting material misstatements resulting from non-compliance with provisions of contracts or grant agreements that have a direct and material effect on the determination of financial statement amounts. If specific information comes to the auditors' attention that provides evidence concerning the existence of possible noncompliance that could have a material indirect effect on the financial statements, auditors should apply audit procedures specifically directed to ascertaining whether that noncompliance has occurred. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 24 5. To follow up on known material findings and recommendations from previous audits. 6. To prepare working papers containing sufficient information to enable an experienced auditor, having no previous connection with the audit, to ascertain the evidence that supports the auditors’ significant conclusions and judgments. 7. To determine whether the government entity complied with laws, regulations, and the provisions of contracts or grant agreements pertaining to federal awards that have a direct and material effect on each major program. With regard to internal control over compliance, the auditor is required to do the following (in addition to the requirements of Government Auditing Standards): (1) perform procedures to obtain an understanding of internal control over federal programs that is sufficient to plan the audit to support a low assessed level of control risk for major programs, (2) plan the testing of internal control over major programs to support a low assessed level of control risk for the assertions relevant to the compliance requirements for each major program, and (3) perform tests of internal control (unless the internal control is likely to be ineffective in preventing or detecting noncompliance). 8. If subsequently required, to verify and test expenditures of the government’s Special Purpose Local Option Sales Tax proceeds. In accordance with the O.C.G.A. § 48-8-121, a schedule shall be included in each annual audit which shows for each project in the resolution or ordinance calling for imposition of the Special Purpose Local Option Sales Tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The Auditor shall verify and test expenditures sufficient to provide assurance that the schedule is fairly presented in relation to the financial statements. The Auditor’s report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. 9. When required, to verify and test expenditures of the government’s proceeds from the Governor’s emergency fund or a special project appropriation in accordance with the O.C.G.A. § 36-81-8.1. A properly completed grant certification form shall be filed on each grant with the annual audit report for each year in which such grant funds are expended or remain unexpended. If required under this Code section, the Auditor shall certify that the grant funds were used solely for the express purpose or purposes for which the grant was made. The Georgia Department of Audits and Accounts can assist with identification of grants subject to these reporting requirements and has a Grant Certification package available containing instructions and example formats. Reports to be Issued We will prepare the required audit reports including those required by Government Auditing Standards and Office of Management and Budget Circular A-133 (as applicable) and the Official Code of Georgia Annotated at the completion of the audit, in accordance with Generally Accepted Auditing Standards. Reports to be issued include the following: 1. Independent Auditor’s Report on the examination of the financial statements of the reporting entity of the City of Milton, Georgia including all funds and component units in accordance with auditing standards generally accepted in the United States of America and with Government Auditing Standards. 2. Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 25 3. Report on Compliance with Requirements That Could Have a Direct and Material Effect on Each Major Program and on Internal Control over Compliance in Accordance with OMB Circular A- 133 (if applicable). A schedule of findings and questioned costs will also be issued, as applicable. 4. Management Letter. A written management letter will be prepared for the City containing matters not included in our auditor’s report on compliance and on internal control over financial reporting and will be prepared, addressed, and presented to the City at the conclusion of each audit. This letter will address all exceptions in accounting practices, immaterial instances of noncompliance with laws and regulations, and deficiencies in the internal control including those that qualify as significant deficiencies and/or material weaknesses as defined in the American Institute of Certified Public Accountants Codification of Statements on Auditing Standards, Section AU 325. Such immaterial instances of noncompliance and deficiencies in internal control that are not significant deficiencies will be referred to in the report on compliance and on internal control over financial reporting. We are aware that all findings required to be reported under OMB Circular A-133 must be included in the schedule of findings and questioned costs; a separate letter may not be used to communicate such matters to top management in lieu of reporting them as audit findings in accordance with OMB Circular A-133. We will offer recommendations for appropriate corrective action for each item contained in the management letter. We understand that we will be required to make an immediate, written report of all irregularities and illegal acts of which we become aware as outlined in the RFP. 5. Other Reports and Auditor Letters: Incorporated in the Independent Auditors Report, an in relation to opinion on the budgetary comparison statements, the combining and individual fund information, and schedule of expenditures of federal awards (if applicable). 6. We can compile other financial or accounting information for special projects as requested by the City. 7. We will provide the Finance Director with a detailed report of all adjusting and reclassifying journal entries and closing balances at the conclusion of each audit and before March 31st of each year. 8. We will assist with the implementation of new GASB requirements and any additional requirements that may affect the City. 9. We will ensure the City meets all Federal and state filing requirements, including the Grants to Municipalities Program, the Schedule of Expenditures of Special Purpose Local Option Sales Tax, and State of Georgia Grant Certification Forms, as applicable to each fiscal period under audit. 10. We understand the City plans to continue to submit the Comprehensive Annual Financial Report to GFOA for review in the Certificate of Achievement for Excellence in Financial Reporting program. We will provide assistance to the Finance Department staff in meeting the requirements of this program. 11. We will inform the City of Milton’s City Council in writing of the following: a. The auditor’s responsibility under generally accepted auditing standards. b. Significant accounting policies. c. Management judgments and accounting estimates. d. Significant audit adjustments. e. Other information in documents containing audited financial statements. f. Disagreements with management. g. Management consultation with other accountants. h. Major issues discussed with management prior to retention. i. Difficulties encountered in performing the audit. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 26 12. A preliminary draft of all reports will be submitted to the Finance Director for review and approval prior to their release. 13. An oral presentation will be given to the Mayor and Council at the conclusion of each audit. Work Plan and Audit Methodology Our audit of the financial statements will be conducted in accordance with auditing standards generally accepted in the United States of America and will conform to the standards as set forth in the following: “Generally Accepted Auditing Standards” developed by the American Institute of Certified Public Accountants (AICPA). “Government Auditing Standards” issued by the Comptroller General of the United States. “Audits of State and Local Government Units” prepared by the State and Local Government Committee and published by the AICPA. Our audit will include such tests of the accounting records and such other auditing procedures as we consider necessary in the circumstances, which include, but are not limited to, those procedures necessary to test compliance and to disclose non-compliance with specified laws, regulations, and contracts. We will use Firm manuals specifically designed for governments to develop audit programs tailored to the City which incorporate the requirements set forth above. We anticipate that these procedures will enable us to express our professional opinion that the financial statements of the City present fairly, in all material respects, the financial position and results of operations of the various opinion units in conformity with accounting principles generally accepted in the United States of America. If conditions are discovered which lead to the belief that material errors, defalcations, or other irregularities exist which might prohibit us from expressing an unqualified opinion or if any other circumstances are encountered that require extended services, we will promptly advise the City. No extended services will be performed unless they are authorized in contractual agreement or in an amendment to the agreement. Sampling Sample Size and the Extent to Which Statistical Sampling is to be used in the Engagement Our approach to auditing relies heavily on the use of audit sampling as provided in Statement on Auditing Standards No. 39, “Audit Sampling” as amended by SAS No. 111. We would plan to utilize audit sampling whenever a decision is made to apply a specific audit procedure to a representative sample of items within the account balance or class of transactions with the objective being reaching a conclusion about the entire balance or class. We anticipate using audit sampling on the following types of audit tests: 1. Substantive tests of details of balance sheet account balances. 2. Substantive tests of details of transactions. 3. Tests of controls. 4. Tests of compliance with laws and regulations. Our use of audit sampling will be based on the guidance in SAS 39 and SAS 111 and the AICPA Audit and Accounting Guide - Audit Sampling. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 27 Extent of the Use of EDP Software in the Engagement The Management Advisory Services (MAS) department of Mauldin & Jenkins, LLC includes certain individuals who have had substantial training in the accounting, auditing, and use of electronic data processing (EDP) Systems. To compliment these highly trained individuals, all members of the audit staff have also had significant training in computer auditing techniques. Mauldin & Jenkins, LLC uses a very detailed and structured approach in using computer auditing techniques, which has been extremely successful for us in our past engagements. At the start of the engagement during our planning phase, we will assess the computer systems used by the City and determine whether computer aided auditing techniques could be used. Based on our familiarity with the City’s software, we feel that the City’s EDP system is capable of providing to us any and all information we would require to perform such auditing techniques – should they be necessary and considered efficient. This approach would potentially consist of downloading trial balances, detail journals, and selected transaction files into our software through DataWatch, i.e. IDEA. This may decrease time spent in initial file setup, trial balance setup, and data integrity testing. Analytical Procedures Type and Extent of Analytical Procedures to be used in the Engagement Analytical procedures can be applied to almost every financial statement amount and are often less costly to apply than tests of details. It is therefore an efficient audit strategy to employ analytical procedures to the maximum extent possible, and vary the required extent of substantive tests of details inversely with the degree of assurance already obtained. The elements of analytical procedures we plan to consider are as follows: 1. Identify the factors on which a given accounting result should depend; 2. Determine the approximate relationship between the accounting result and those underlying factors; 3. Predict what the current results should be if that relationship continued; 4. Compare the actual current result to the prediction; 5. Investigate and corroborate significant variances between the actual result and the prediction; and 6. Reach a conclusion as to the reasonableness of the reported result. Types of analytical procedures employed will include: 1. Reviewing changes from prior years for reasonableness. 2. Scanning accounts for items larger or smaller than expected when compared to budgets or forecasts. 3. Reviewing and comparing logical relationships between years (e.g., payroll taxes and benefits to wages, etc.). Comparisons between years can be made more effective when logical relationships between elements of the financial statements that would be expected to conform to the predictable pattern are used to develop trends. This is primarily accomplished through the use of ratios. 4. Analyzing and comparing nonfinancial information, such as number of taxable properties, geographical area, number of employees, etc. All analytical procedures performed as substantive tests are documented on each applicable audit program. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 28 Approach to be Taken to Gain and Document an Understanding of the City’s Internal Control Structure For purposes of an audit of the financial statements and statutory, regulatory and contractual compliance, the City’s control structure consists of the following five (5) elements as they relate to the City’s ability to conduct operations and use resources in accordance with management’s authorization and consistent with laws, regulations, contracts and policies, and to record, process, summarize, and report financial data consistent with assertions embodied in the financial statements: the control environment; risk assessment, control activities, information and communication processes/systems, and monitoring. The internal control structure and its policies and procedures are an important source of information about the types and risks of potential material misstatements that could occur in the financial statements and violations of statutory, regulatory and contractual requirements. This information is essential for effective audit planning and in designing effective and efficient audit tests. In our understanding of the City’s internal control structure we will obtain knowledge about: 1. How internal control structure policies, procedures and records are designed; 2. Whether internal control structure policies, procedures and records have been placed in operation, i.e., whether the City is using them; 3. Whether internal control structure policies, procedures and records are designed effectively, i.e., whether they are likely to prevent or detect material misstatements or compliance violations on a timely basis; and 4. Whether internal control structure policies, procedures and records are operating effectively. Auditing standards generally accepted in the United States of America require the auditor to document our understandings of the internal control structure elements. The form and extent of documentation is flexible. Generally, the more complex an entity’s internal control structure and the more extensive the procedures performed to obtain the understanding, the more extensive our documentation should be. In addition to memos we plan to use specific designed forms and questionnaires to document our understanding of the internal control structure. Recent changes in auditing standards, known as the risk assessment standards, denote that the auditor is not required to test internal control so as to rely on them to reduce other testwork, but do not allow for only inquiry procedures related to internal control. We are required, and will perform, other procedures, such as walk throughs and observation, related to controls over significant financial statement and audit assertions. Approach to be Taken in Determining Laws and Regulations that Will be Subject to Audit Test Work Our approach to be taken to determine the laws and regulations that will be subject to audit test work will include procedures designed to identify requirements found in legal or legislative data, administrative regulations, and documents associated with grant and contract arrangements. The following procedures and policies will be applied depending on the nature and materiality of the laws and regulations: 1. During the planning phase, the type of audit to be performed, as it relates to compliance matters, will be communicated to all personnel assigned to the engagement. 2. Obtain a list of all federal award programs from which the client received and expended funds and identify, using the risk-based approach, the major programs and any nonmajor programs that are to be treated as major programs, if a program-specific audit, identify the award program to be audited. 3. Identify applicable state and local statutory and regulatory requirements and contractual requirements. 4. Plan and document the audit procedures to be performed relative to applicable state and local statutory and regulatory requirements and contractual requirements. We will use the “Compliance Auditing in Georgia Counties and Municipalities” guide to develop the audit procedure for Georgia statutory requirements. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 29 5. Perform and document federal, state, and local statutory, regulatory and contractual compliance audit procedures as deemed to be applicable and appropriate during the planning stage of the engagement. 6. Make specific inquiries of management concerning the following matters: a. The City’s compliance with laws and regulations. b. The City’s policies relative to the prevention of statutory, regulatory and contractual violations. c. The use of directives issued by the City and periodic representations obtained by the City from officials and other management personnel at appropriate levels of authority concerning compliance with laws and regulations. Approach to be Taken in Drawing Audit Samples for Purposes of Tests of Compliance Applicable auditing standards state that, in testing for compliance with laws and regulations, the number, selection, and testing of transactions is based on the auditor’s professional judgment. None of the guidelines, primarily SAS No. 68, explain whether this requirement to select a representative number for testing compliance means that audit sampling is necessary. The two (2) possible approaches to audit sampling are nonstatistical and statistical. SAS No. 39 indicates that both of these approaches are capable of producing sufficient evidential matter, if properly applied. The types of procedures that are applied are not determined by the sampling approach used. Either approach may be used to apply whatever tests of details deemed necessary in the circumstances. The importance of professional judgment cannot be overemphasized as it applies to the evaluation of the adequacy of evidential matter generated by the sampling approach. Regardless of the sampling approach selected, we will properly plan, perform, and evaluate the results of the sample. Professional judgment must be used to relate the sample results to other evidential matter when we form a conclusion about compliance with laws and regulations. It should be noted, however, that not all tests of compliance or controls are transaction related. If we decide to use audit sampling, attention is focused on which sampling approach (statistical or non-statistical) to use. Substantial information is given in the AICPA Sampling Guide and several college and professional books on the use of various statistical sampling approaches. The basic requirements that relate to all compliance related samples, statistical and nonstatistical, are as follows: 1. Planning. We will relate the population to the objective of the audit test; i.e., defining the population and sampling unit. 2. Selection. We will select items that can be expected to be representative of the population. 3. Evaluation. We will project sample results to the population and consider sampling risk. In a compliance sampling application, the population is defined as all items that constitute the account balance or class of transactions, or the portion of the balance or class, being tested (i.e., all expenditures of the City above a certain threshold required to be bid). The population for a substantive sample usually is the account balance or class of transactions excluding those items selected for testing because of individual significance. The term individually significant item encompasses two (2) types of items: 1. Individually significant dollar items. 2. Unusual items (that is, items that have audit significance by their nature). Due to the nature of tests of controls, we ordinarily are not concerned with identifying individually significant items when tests of controls are performed using audit sampling. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 30 Sampling results can be projected only to the population from which the sample is drawn. The use of the wrong population for a sampling application could mean that conclusions based on the sample are invalid for our purpose. The sampling units are the individual items that are subjected to tests and that represent the components of the population. It is important to properly identify the sampling unit before the sample is selected to produce an efficient and effective sampling application. Examples of sampling units would be individual capital disbursements, etc. The determination of the specific sampling unit is influenced by the following considerations: 1. The sampling unit should produce an efficient sampling plan. 2. The sampling plan must be effective to accomplish its objectives. 3. The nature of the audit procedures can determine the sampling unit to be used. SAS No. 39 requires a “representative sample”. There are several commonly used methods of selecting samples that meet the criteria of representativeness stipulated by SAS No. 39. The following are some of those methods: Random selection. Regardless of the method of sampling used, statistical or nonstatistical, a random selection provides each item in the population an equal chance of being selected. Numerous random selection methods are discussed in the AICPA Sampling Guide, including stratified random sampling. Systematic sampling. This method can be used with nonstatistical or statistical sampling to give every item in the population an equal chance of being selected if a random start is used. However, it may not produce an equal opportunity for all combinations of sampling units to be selected unless numerous random starts are made. The population is divided by the number of sample items to determine the sampling interval to use. Haphazard selection. Under this method, nonstatistical sample items are selected in no specific pattern without bias for or against any items in the population. This could be done by selecting a sample of items from the paid invoices for the year if there were no bias for or against large ones. We may use this method provided care is taken to be sure no conscious bias is added to the selection process. We will evaluate whether the sample selected seems representative of the population to be tested. If the sample does not seem representative, we would reselect. For substantive tests of details, we will, if practical, stratify any remaining population. Generally, the remaining population should be divided into at least two subgroups that are more similar in dollar amount. One useful approach to stratification is to base this division on the average amount of an item in the remaining population. All items above the average amount would be one subgroup, and all items below that amount would be the other subgroup. For all items in the population to have a chance to be selected, we will determine that the sample population actually includes all the items (e.g., capital disbursements, etc.) comprising the balance. There are many ways to determine the completeness of a sample population, including: 1. If the sample is selected from a trial balance, we can foot the trial balance and reconcile the total to the account balance. 2. If the items are numerically sequenced, we can scan the accounting records to account for the numerical sequence of items in the population and select the sample from that sequence. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 31 The two (2) sampling forms presented both include a step that allows the auditor to document how the completeness of the sample population was considered. Whenever practical, we will consider using random selection (with a random number table or microcomputer-generated numbers) or systematic selection. Haphazard selection may be used when the population is not numbered or when other circumstances make use of a random-based method impractical. Using one of these random-based methods does not make the sampling application statistical. The evaluation of sample results has two (2) aspects. We will need to project the noncompliance. Also, we will need to consider the sampling risk. In a statistical sample, sampling risk must still be considered and restricted to a relatively low level but cannot be objectively measured. This is the primary conceptual distinction between statistical and non-statistical sampling. In the two (2) non-statistical sampling approaches presented in this section, sampling risk is assessed by considering whether the rate or amount of exceptions identified in the sample exceed the expected rate or amount of exceptions used in designing the sample. Identification of Anticipated Potential Audit Problems In addressing any issue, communication and timely resolution are critical. Mauldin & Jenkins prides itself in developing professional relationships and rapport with clients which facilitate open and honest communication. Mauldin & Jenkins’ stance would be based on reporting meaningful information to the financial statement users, but understanding that the financial statements are the City’s representations. To do less would compromise our independent status. We use the following approach to seek a mutually agreeable resolution of accounting and reporting issues: Step 1 Define and understand the issue through discussion with the City’s management and verified audit information. Step 2 Make an initial assessment of the impact of alternative accounting treatments. Step 3 If the impact has significant potential, gather research which may include the following: obtain the City’s research and rationale for their position; gather additional details; draw on common practices within other Georgia governments or other similar sized governments; utilize recognized firm experts. Step 4 Discuss with City staff the firm’s preferred position and rationale. Step 5 Resolve the issue. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 32 Implementation of New Pronouncements of the GASB The GASB has issued quite a few new accounting pronouncements that will be effective for the City’s upcoming fiscal years. Some of these pronouncements are not expected to have a significant impact on the City, while others will impact the City’s accounting and disclosure processes. As noted previously in this proposal, all staff members assigned to the City’s audit will receive substantial continuing professional education each year which will include training on new GASB’s and other pronouncements. We have traditionally supplied our clients with technical accounting and financial reporting updates and advice throughout the year without additional charge. We also provide an audit agenda in conjunction with each annual audit which identifies new GASB pronouncements which will be effective in future audit periods to give our clients time to take the necessary steps for proper treatment of the new pronouncements. Lastly, we are currently providing periodic training classes for our clients, free of charge. These courses cover a variety of topics, including new accounting pronouncements that are expected to have a significant impact on our clients’ financial reporting and disclosure processes. More information about these classes is included on the following page. Improving the City’s Controls and Procedures A written management letter will be prepared for the City containing matters not included in our auditor’s report on compliance and internal control over financial reporting and will be prepared, addressed, and presented to the City at the conclusion of the audit. This letter will address all exceptions in accounting practices, immaterial instances of noncompliance with laws and regulations, and deficiencies in internal control. The items that we note in our management letter are offered as constructive suggestions to be considered as part of the ongoing process of modifying and improving the City’s practices and procedures. Additionally, we are always willing to assist the City with developing strategies and assisting with the implementation of the items included in our management letter and we believe it to be a valuable tool in helping the City to achieve its goals. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 33 AAAddddddiiitttiiiooonnnaaalll DDDaaatttaaa FREE QUARTERLY CONTINUING EDUCATION AND NEWSLETTERS FOR GOVERNMENTAL CLIENTS Free Continuing Education. Beginning in March 2009, we began providing free quarterly continuing education for all of our governmental clients. Each quarter we pick a couple of significant topics tailored to be of interest to governmental entities. In an effort to accommodate our entire governmental client base, we offer the sessions several times per quarter at a variety of client provided locations resulting in greater networking among our governmental clients. We normally see approximately 100 people per quarter. We obtain the input and services of experienced outside speakers along with providing the instruction utilizing our in-house professionals. Examples of subjects addressed in the past few quarters include: a. American Recovery & Reinvestment Act (ARRA) information and issues b. GASB updates c. Internal Controls Over Revenue and Cash Receipting d. CAFR Preparation e. Collateralization of Deposits and Investments f. SPLOST Accounting, Reporting and Compliance g. Internal Controls Over Accounts Payable, Payroll and Cash Disbursements h. Capital Asset Accounting Processes and Controls i. Grant Accounting Processes and Controls j. American Recovery & Reinvestment Act (ARRA) Updates k. Policies and Procedures Manuals l. Segregation of Duties m. GASB No. 51 – Intangible Assets n. Single Audits for Auditees o. GASB No. 54 – Governmental Fund Balance (subject addressed twice) p. Best Budgeting Practices, Policies and Processes q. Internal Revenue Service (IRS) Compliance Issues, Primarily Payroll, for Governments. r. GASB No. 60 – Service Concession Agreements Governmental Newsletters. Beginning in August 2009, we began producing newsletters tailored to meet the needs of governments. The newsletters have addressed a variety of subjects, and are authored by Mauldin & Jenkins personnel. The newsletters are produced and delivered periodically, and are intended to keep you informed of current developments in the government finance environment. Webcasts. Beginning in 2011, we began providing free webcasts for continuing education for all of our governmental clients that could not attend the free continuing education classes described above. These webcasts are typically one hour and include specific technical topics on new GASB Standards or other pertinent topics that are beneficial to our governmental clients. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL City of Milton Proposal to Serve 34 CCClllooosssiiinnnggg We appreciate the opportunity to continue to serve the City of Milton, Georgia. We believe Mauldin & Jenkins is the “right” firm for the City. Our experience and knowledge in the governmental sector of accounting is vast and ever-improving. We would be very pleased to continue to share our experience and understanding of governmental accounting and operations for the benefit of the City. We would greatly appreciate you recommending us for your audit needs. Should you or anyone at the City have any questions with regards to this proposal or about Mauldin & Jenkins, please feel free to contact any of us. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL AAAppppppeeennndddiiixxx AAA Mandatory Questionnaire Form EXHIBIT B - FIRM'S TECHNICAL PROPOSAL To be answered by Firm Section A - General Information 1. Firm Name: Mauldin & Jenkins, LLC 2. Contact Person: Adam Fraley Telephone #: 678-742-6771 Address: 200 Galleria Parkway, S.E., Suite 1700, Atlanta, Georgia 30339 3. Firm FEI Number: 58-0692043 4. Firm’s Georgia CPA State License Registration Number: 350 5. Type of Accounting Practice (place an "X" next to the appropriate response) a. Individual b. X Partnership c. Corporation - Give name of the State where incorporated: Section B – Firm’s Quality Program for Audits (Please answer each of the following questions by placing an "X" in the appropriate column at the right.) CHECK ONE YES NO 1. Quality Control: Does the Firm have internal procedures to ensure proper quality control for its governmental audit assignments? (If yes, ATTACH A DESCRIPTION OF THE PROCESS) X Please see the discussion in regards to our Internal Quality Review Process included in Appendix B: External Quality Control Review Report. 2. Quality Review- Does Firm participate in an External Quality review program every 3 years? (If yes, ATTACH A COPY OF LAST PEER REVIEW OR QUALITY REVIEW REPORT AND LETTERS OF COMMENT.) PLEASE ENTER ENDING DATE OF LAST PERIOD COVERED BY REVIEW (May 31, 2011 with report dated October 21, 2011. No Letter of Comment received due to no such comments warranted. See Appendix B) If no, explain the reason and your plan to participate. X 3. Professional Membership: Do the partners of the Firm belong to either the AICPA or the Georgia Society of CPAs? X 4. Proper License: Is Firm properly licensed to practice public accounting in Georgia? X 5. Special Governmental Audit Requirements: Is Firm familiar with the AICPA's ethical ruling called Interpretation 501-3, “Failure to Follow Standards and/or Procedures or other Requirements in Governmental Audits”? (According to this ruling, if a CPA agrees to follow specified standard, guides, rules and procedures in addition to GAAS, then the CPA is OBLIGATED to follow all such requirements. Also, the X EXHIBIT B - FIRM'S TECHNICAL PROPOSAL CHECK ONE YES NO auditor must report any deviations from the agreed-upon engagement procedures.) 6. Subcontracts: Does Firm agree not to subcontract any work required without the prior express written consent of the City? X 7. Federal Audit Laws and Rules: If federal audit work is required, does Firm agree to perform the audit work in accordance with the Single Audit Act of 1984, the Single Audit Act of 1996, the provisions of OMB Circular A-133 and AICPA Statement of position 98-3, as necessary? X 8. Confidentiality: Does Firm agree not to publish or distribute any information concerning work done for City, except as provided by law or rule? X 9. Access to Records and Workpapers: Does Firm agree to keep workpapers and reasonable records to support work claims for at least 5 years and make them available for audit or review by any authorized parties? X 10. Other Federal and State Laws and Rules: Does Firm agree to comply with all other Federal and state laws, rules and regulations which pertain to this engagement? X 11. Independence: Does Firm meet the independence standards of the current “Government Auditing Standards”, issued by the Comptroller General? (If “No”, attach a brief summary of facts.) X 12. Continuing Education: Does Firm have sufficient staff who meets continuing professional education requirements for government audits as set forth in “Government Auditing Standards”? X 13. Conflict of Interest: Does Firm declare that there is no public or private interest, which would conflict in any manner with performance of an audit for the auditee or would violate any laws of the State of Georgia? X 14. No Substandard Work: Does Firm and all proposed Audit Team Members have a record of an acceptable standard of audit work? (Contractor Firm must answer this question “No” if the Firm or any Audit Team Member has received an enforcement action for substandard audit work during the past three years or has a related investigation pending by a professional or regulatory group. Attach a brief summary of any enforcement actions.) X 15. Ethics: Does Firm certify that its proposals are made without collusion or fraud and that it has not offered or received any kickbacks or inducements from any other auditor, supplier, manufacturer or X EXHIBIT B - FIRM'S TECHNICAL PROPOSAL EXHIBIT B - FIRM'S TECHNICAL PROPOSAL AAAppppppeeennndddiiixxx BBB Copy of Last Peer Review Report EXHIBIT B - FIRM'S TECHNICAL PROPOSAL Quality Control Processes Internal Review Process All audit and other attest engagements performed at Mauldin & Jenkins receive a high level of quality control reviews. On an engagement such as the Board, a partner would be in the field performing the engagement for a great amount of time. We believe this allows our firm to provide a high level of expertise and efficiency during the conduct of audit fieldwork which is a vital part to any audit engagement. We believe this aids our being able to get the engagement done quickly without creating additional headaches to our clients. A manager reviews all the audit work performed, which is followed by a partner review. Once these reviews are conducted and completed, an independent partner to the engagement will review the audit working papers and the respective financial reports. We believe this multi-review process is important in providing a high-level product. External Quality Control Review The accounting profession, through the American Institute of Certified Public Accountants, formed the Division for CPA firms to provide a new level of self-regulatory control. The division consists of two sections; the SEC Practice Section and the Private Companies Practice Section. Membership is voluntary in either or both sections. There are requirements for membership in each section, which include mandatory professional liability insurance at specified levels, mandatory continuing education for each member of the professional staff and a tri-annual independent review of a firm’s quality control system in its practice of public accounting. Mauldin & Jenkins, LLC has been a member of both sections from the inception of the Division for Firms. We are proud to announce that Mauldin & Jenkins, LLC has met all of the membership requirements, including the review process. In their tri-annual report dated October 21, 2011, our reviewing firm gave a “clean” opinion on our system of quality control for our accounting and audit practice. A copy of the report on our most recent external quality control review is provided on the following pages. The quality control review included a review of specific government engagements. No letter of comment was received as a result of this review. We are quite proud to be one of the few Georgia-based firms to have undergone this review and to have received an unqualified opinion. Only one desk reviews or field reviews have been performed on Mauldin & Jenkins in many years. In January 2008, as part of the Federal Department of Education’s random testing of the audits of local boards of education, a review was performed by the Federal Office of Inspector General (OIG) regarding a Single Audit engagement of a local board of education. We are quite pleased to note the examiner provided Mauldin & Jenkins a letter of high marks for the performance of the respective Single Audit and this comes at a time when Federal regulators are condemning the profession for poor performance of such Single Audits. Unofficially and orally provided, the examiner noted this Single Audit engagement to be the best such engagement reviewed in his experience. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL System Review Report To the Partners of Mauldin & Jenkins, LLC and the AICPA National Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of Mauldin & Jenkins, LLC (the firm) applicable to non-SEC issuers in effect for the year ended May 31, 2011. Our peer review was conducted in accordance with the Standards of Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm’s compliance therewith based on our review. The nature, objectives, scope, limitations of, and the procedures performed in a System Review are described in the standards at www.aicpa.org/prsummary. As required by the standards, engagements selected for review included engagements performed under the Government Auditing Standards; audits of employee benefit plans, and audits performed under FDICIA. In our opinion, the system of quality control for the accounting and auditing practice of Mauldin & Jenkins, LLC applicable to non-SEC issuers in effect for the year ended May 31, 2011, has been suitable designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. Mauldin & Jenkins, LLC has received a peer review rating of pass. Phoenix, Arizona October 21, 2011 Offices in 17 states and Washington, DC 1 EXHIBIT B - FIRM'S TECHNICAL PROPOSAL AAAppppppeeennndddiiixxx CCC RFP Addendum EXHIBIT B - FIRM'S TECHNICAL PROPOSAL EXHIBIT B - FIRM'S TECHNICAL PROPOSAL 12-FIN02 Page 2 12-FIN02 Questions and City of Milton official answers: 1. We are interested in sending in a proposal but is the City really interested in changing from the current auditor? a. The firm that meets the stated requirements and scores the highest on the evaluation will be awarded the business. 2. The RFP process takes several days and if we are the low bidder will the City change? a. The firm that meets the stated requirements and scores the highest on the evaluation will be awarded the business. Cost is not the only evaluation criteria. 3. Do you expect a Single Audit for FY2012? Would you like this priced separately in the cost proposal? a. We do not anticipate a Single Audit for FY 2012; however, we ask that you include it in your pricing proposal separately, as stated in the RFP. 4. How many audit journal entries are normal? a. There can be between 30 to 50 journal entries done during the audit fieldwork. Typically, a majority of the audit journal entries are prepared by the City. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL 12-FIN02 Page 3 5. What is the normal time line for the audit and when the trial balance is ready? a. We anticipate the trial balances to be ready in early January with the audit fieldwork to begin the middle of January. The CAFR is completed before the middle of March. 6. What were the audit fees for the 9/30/2011 and 9/30/2012 audits? a. The audit fees for FY 2011 were $42,030. We have not completed the audit for FY 2012. 7. What financial software does the City use? a. Incode by Tyler Technologies, Inc. (version 8.0 and 10.0) 8. Does the City intend for the audit firm to prepare the annual Report of Local Government Finances to be submitted to the Georgia Department of Community Affairs (as referenced in section 3.2.3 ("Reporting and Delivery Requirements"), subsection 3.2.3.1.7 ("Other Reports")? a. This was inadvertently included as a report required by the auditor. The City will prepare the annual Report of Local Government Finances. 9. Is it sufficient for purposes of the cost proposal to break out the annual audit fee between general audit work, single audit work, and component unit audit work in a note rather than in a tabular format (as discussed in section 4.6 ("Cost Component of Proposal"), subsection 4.6.3? a. For comparison purposes, we feel that it would be more beneficial to have the cost proposal broken out in the tabular format for at least the first year. For subsequent years, you may list the year and the not-to-exceed price for the general audit work, Single Audit work and component unit audit work. EXHIBIT B - FIRM'S TECHNICAL PROPOSAL 12-FIN02 Page 4 10. Is there an incumbent firm currently providing the services for this RFP? If so, can you provide the name of the incumbent firm? a. Mauldin & Jenkins, LLC has been the auditing firm for the past five years. 11. Do you have a not to exceed range/budget for this entire project for the first year? Can you provide your range/budget for the first year to the proposers? a. We currently have $44,000 budgeted in FY 2013; however, we fully expect the actual costs to be less than the stated budget. 12. Can we get a copy of most recent performance audit? Were there any findings or issues? a. A copy of the annual financial reports for the City can be found on our webpage: http://www.cityofmiltonga.us/index.asp?Type=B_BASIC&SEC={31F1 DBBE-A1A9-4044-93A6-B9BAA75E01C3} . All findings are included in the report. 13. Can you provide the audit fee for the past three Fiscal Years (2009, 2010, and 2011)? a. FY 2009 = $40,520 FY 2010 = $41,935 FY 2011 = $42,030 EXHIBIT B - FIRM'S TECHNICAL PROPOSAL 12-FIN02 Page 5 14. Do you have on-site work space available for Contractor's staff in conducting the audit? a. Yes EXHIBIT B - FIRM'S TECHNICAL PROPOSAL EXHIBIT C - FIRM'S COST PROPOSAL EXHIBIT C - FIRM'S COST PROPOSAL EXHIBIT C - FIRM'S COST PROPOSAL EXHIBIT C - FIRM'S COST PROPOSAL EXHIBIT C - FIRM'S COST PROPOSAL EXHIBIT C - FIRM'S COST PROPOSAL EXHIBIT C - FIRM'S COST PROPOSAL EXHIBIT D STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, Firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit “E.” Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date Mauldin & Jenkins, LLC _________________________________________ Title of Authorized Officer or Agent of Contractor _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 201_ ________________________________________ Notary Public My Commission Expires: ___________________ EXHIBIT E STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, Firm or corporation which is engaged in the physical performance of services under a contract with Mauldin & Jenkins, LLC on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. ________________________________________ EEV / Basic Pilot Program User Identification Number ________________________________________ BY: Authorized Officer or Agent Date [INSERT SUBCONTRACTOR NAME] _________________________________________ Title of Authorized Officer or Agent of Subcontractor _________________________________________ Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 201_ _________________________________________ Notary Public My Commission Expires: EXHIBIT F AFFIDAVIT OF PRESENCE IN THE UNITED STATES O.C.G.A § 50-36-1   STATE OF GEORGIA }   CITY OF MILTON }      Personally appeared before me, the undersigned deponent on the ____ day of _____________, 20___ who  being duly sworn deposes and says on oath that:     My name is ___________________________.  I suffer no mental disabilities.  I am able and competent to testify  to the information and statements contained in this affidavit.  I have read this affidavit, or have had it read to me, and I  fully understand its contents.  I am executing this affidavit for purposes of compliance with O.C.G.A. § 50‐36‐1.    [INITIAL AND CHECK APPROPRIATE STATEMENT]    ____   I am a United States citizen 18 years of age or older.    ____  I am a non‐citizen who is a legal permanent resident, qualified alien or nonimmigrant   under the federal Immigration and Nationality Act 18 years of age or older lawfully   present in the United States. Provide Alien Number: *_______________________    In making the above representation under oath, I understand that any person who knowingly and willfully  makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of Code  Section 16‐10‐20 of the Official Code of Georgia.    Signed and sealed in the presence of:    Affiant:                            _________________________________________ ____________________________________ Notary Public      Signature    My Commission Expires: ____________________  ____________________________________          Printed Name       [Notary Seal]      *Note: O.C.G.A. § 50‐36‐1(e)(2) requires that aliens under the federal Immigration and Nationality Act, Title 8 U.S.C., as  amended, provide their alien registration number. Because legal permanent residents are included in the federal  definition of “alien”, legal permanent residents must also provide their alien registration number. Qualified aliens that  do not have an alien registration number may supply another identifying number below:    ______________________________________________  EXHIBIT G - SAMPLE AUDIT ENGAGEMENT LETTER EXHIBIT G - SAMPLE AUDIT ENGAGEMENT LETTER EXHIBIT G - SAMPLE AUDIT ENGAGEMENT LETTER EXHIBIT G - SAMPLE AUDIT ENGAGEMENT LETTER EXHIBIT G - SAMPLE AUDIT ENGAGEMENT LETTER EXHIBIT G - SAMPLE AUDIT ENGAGEMENT LETTER EXHIBIT G - SAMPLE AUDIT ENGAGEMENT LETTER EXHIBIT G - SAMPLE AUDIT ENGAGEMENT LETTER City of Milton 13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: November 5, 2012 Council Meeting Agenda Item: Approval of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City’s Financial Statements for the Fiscal Year Ending September 30, 2012 CMO (City Manager’s Office) Recommendation: The Staff’s recommendation is to approve the attached contract with Mauldin & Jenkins, LLC to audit the City’s financial statements for the fiscal year ending September 30, 2012. Background: According to O.C.G.A. 36-81-7, we are required to have an annual audit of the financial affairs and transactions of all funds and activities of the City. Prior to the approval of this item on tonight’s consent agenda is a new contract with Mauldin & Jenkins, LLC with a term of five years started fiscal year ending September 30, 2012 and ending on September 30, 2016. Discussion: The audit engagement letter before you details the scope of services Mauldin & Jenkins, LLC will provide the City. As part of the engagement, they will audit the financial statements of the governmental activities, each major fund, and the required supplementary information. They will also provide a report on internal controls related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements. Alternatives: None. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, Attorney 1 AUDIN ENKIN CERTIFIED PUBLIC ACCOUNTANTS, LLC November 6, 2012 Honorable Mayor and Members of the City Council and City Manager City of Milton, Georgia Attention: Stacey Inglis, Finance Manager 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 We are pleased to confirm our understanding of the services we are to provide the City of Milton, Georgia (the City) for the year ended June 30, 2012. We will audit the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements, of the City of Milton, Georgia as of and for the year then ended. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis (MD&A). 2. Schedule of Funding Progress — Retirement Plan. 3. Budgetary comparisons for the General Fund and any Major Special Revenue Funds. We have also been engaged to report on supplementary information other than RSI that accompanies the City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole: 1. Combining and individual fund statements. 200 GALLERIA PARKWAY S.E., SUITE 1700 • ATLANTA, GA 30339-5946 • 770-955-8600 • 800-277-0080 • FAX 770-980-4489 • www.mjcpa.com Members of The American Institute of Certified Public Accountants • RSM International City of Milton - 2012 Engagement Letter November 6, 2012 Page 2 The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditor's report will not provide an opinion or any assurance on that information: 1. Introductory section 2. Statistical section Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the basic financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City of Milton, Georgia and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and compliance will include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, others within the entity, and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties. If during our audit we become aware that the City is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit, we will assist with preparation of your financial statements and related notes. You are responsible for making all management decisions and performing all management functions relating to the financial statements and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the written management representation letter our assistance with preparation of the financial statements and that you have reviewed and approved the financial statements and related notes prior to their 81AULDIN -1 ENKINS City of Milton - 2012 Engagement Letter November 6, 2012 Page 3 issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any nonaudit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. We will prepare the trial balance for use during the audit. Our preparation of the trial balance will be limited to formatting information into a working trial balance based on management's chart of accounts and trial balanced as provided by the City. Management is responsible for establishing and maintaining effective internal controls, including evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the City of Milton, Georgia and the respective changes in financial position in conformity with U.S. generally accepted accounting principles. Management is also responsible for making all financial records and related information available to us and for ensuring that management is reliable and financial information is reliable and properly recorded. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your AULDIN & ENKINS City of Milton - 2012 Engagement Letter November 6, 2012 Page 4 responsibilities include acknowledging to us in the written representation letter that (a) you are responsible for presentation of the supplementary information in accordance with GAAP; (b) that you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (c) that the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes): and (d) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors or any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly AULDIN & ENKINs City of Milton - 2012 Engagement Letter November 6, 2012 Page 5 inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures—Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Milton, Georgia's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Audit Administration, Fees, and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. We will provide copies of our reports to the City of Milton, Georgia; however, management is responsible for distribution of the reports and financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Mauldin & Jenkins and constitutes confidential information. However, pursuant to authority given by law or regulation, IAULDIN & ENKINs City of Milton - 2012 Engagement Letter November 6, 2012 Page 6 we may be requested to make certain audit documentation available to a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Mauldin & Jenkins personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by a regulatory body. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit on approximately January 28, 2013 and to issue our reports no later than March 31, 2013. Adam Fraley is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our fee for these services will be $29,500 for the year ended September 30, 2012. Our hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered as work progresses and are payable upon presentation. The above fees are based on anticipated cooperation from your personnel (including complete and timely receipt by us of the information on the respective client participation listings to be prepared annually) and the assumption that unexpected circumstances (including scope changes) will not be encountered during the audit. If significant additional time is necessary, we will discuss it with management and arrive at a new fee estimate before we incur the additional costs. As a result of our prior or future services to you, we might be requested or required to provide information or documents to you or a third party in a legal, administrative, arbitration, or similar proceeding in which we are not a party. If this occurs, our efforts in complying with such requests will be deemed billable to you as a separate engagement. We shall be entitled to compensation for our time and reasonable reimbursement for our expenses (including legal fees) in complying with the request. For all requests we will observe the confidentiality requirements of our profession and will notify you promptly of the request. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2011 peer review report accompanies this letter. We did not receive a letter of comment with the peer review report. 81AULDIN -1 ENKINs City of Milton - 2012 Engagement Letter November 6, 2012 Page 7 We appreciate the opportunity to be of service to the City of Milton, Georgia and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, MAULDIN & JENKINS, LLC Adam M. Fraley RESPONSE: This letter correctly sets forth the understanding of the City of Milton, Georgia. in Title: AULDIN & ENKINS Clifton Gunderson LLP Certified Public Accountants & Consultants System Review Report To the Partners of Mauldin & Jenkins, LLC and the AICPA National Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of Mauldin & Jenkins, LLC (the firm) applicable to non -SEC issuers in effect for the year ended May 31, 2011. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. The nature, objectives, scope, limitations of, and the procedures performed in a System Review are described in the standards at www.aicpa.org/prsummary. As required by the standards, engagements selected for review included engagements performed under the Government Auditing Standards; audits of employee benefit plans, and audits performed under FDICIA. In our opinion, the system of quality control for the accounting and auditing practice of Mauldin & Jenkins, LLC applicable to non -SEC issuers in effect for the year ended May 31, 2011, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. Mauldin & Jenkins, LLC has received a peer review rating of pass. Phoenix, Arizona October 21, 2011 International Recognizing High School Inventor Raja Selvakumar WHEREAS, American expertise in science and medical technology has been among the country’s greatest gifts to the world; and WHEREAS, each generation pushes the boundaries of what can be achieved through human ingenuity, producing more productive, fulfilling and comfortable lives; and WHEREAS, Raja Selvakumar, a 17-year-old student at Milton High School, exemplifies what it means to be a committed, hard-working scholar, excelling in a number of subjects; and WHEREAS, Raja was recently highlighted by Popular Science Magazine for his groundbreaking work at the Milton High School science fair, where he demonstrated his fuel cell that runs on human stomach bacteria; and WHEREAS, the invention uses a naturally occurring process involving gastro bacteria in the stomach breaking down glucose for energy, a process that liberates electrons; and WHEREAS, Raja figured out how to capture those electrons using a carbon pad and turn it into current; and WHEREAS, the potential uses for such a fuel cell include powering diagnostic and surgical nanobots to fight a range of complicated diseases Now, therefore, we, the Mayor and City Council of the City of Milton, hereby honor Raja Selvakumar and encourage all citizens to do the same. Given under our hand and seal of the City of Milton, Georgia on this 5th day of November, 2012. (Seal) _________________________________ Joe Lockwood, Mayor Recognizing Birmingham United Methodist Church as a Roundup Partner WHEREAS, over the last six years the Milton Roundup has become a staple in our community as an annual celebration for the residents of the city; and WHEREAS, thousands of people from Milton and the surrounding communities join in the day-long event; and WHEREAS, Birmingham United Methodist Church has been a valuable and gracious partner to the City of Milton, providing a pastoral, spacious location where plenty of good local food, games, music, exciting rides, and more can be enjoyed by our citizens; and WHEREAS, community events such as the Milton Roundup serve a greater purpose by fostering citizen engagement and involvement with other residents; and WHEREAS, on the sixth year of the city, we would like to express our great appreciation to Birmingham United Methodist Church for being a wonderful community partner and hosting the Milton Roundup. Now, therefore, we, the Mayor and City Council of the City of Milton, hereby thank Birmingham United Methodist Church for allowing the city to hold the Milton Roundup on their grounds and encourage all citizens to do the same. Given under our hand and seal of the City of Milton, Georgia on this 5th day of November 2012. _________________________________ Joe Lockwood, Mayor (Seal) Veterans Day 2012 WHEREAS, it has long been our custom to commemorate November 12, the anniversary of the ending of World War I, by paying tribute to the heroes of that tragic struggle and by rededicating ourselves to the cause of peace; and WHEREAS, in the intervening years the United States has been involved in several other great military conflicts, which have added millions of veterans living and dead to the honor rolls of this Nation; and WHEREAS, the Congress passed a concurrent resolution on June 4, 1926 (44 Stat. 1982), calling for the observance of November 12 with appropriate ceremonies, and later provided in an act approved May 13, 1938 (52 Stat. 351), that the eleventh of November should be a legal holiday and should be known as Armistice Day; and WHEREAS, in order to expand the significance of that commemoration and in order that a grateful Nation might pay appropriate homage to the veterans of all its wars who have contributed so much to the preservation of this Nation, the Congress, by an act approved June 1, 1954 (68 Stat. 168), changed the name of the holiday to Veterans Day: Now, Therefore, I, Joe Lockwood, Mayor of the City of Milton, do hereby call upon all of our citizens to observe Monday, November 12, 2012, as Veterans Day. On that day let us solemnly remember the sacrifices of all those who fought so valiantly, on the seas, in the air, and on foreign shores, to preserve our heritage of freedom, and let us consecrate ourselves to the task of promoting an enduring peace so that their efforts shall not have been in vain. IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Milton to be affixed on this 5th day of November 2012. _____________________________ Joe Lockwood, Mayor City of Milton 2012 Officer of the Year WHEREAS, Officer Keenan Grey has been selected as Officer of the Year for the City of Milton Police Department for 2012 as nominated by his peers and selected by Command Staff; and WHEREAS, Officer Keenan Grey has performed his duties as an Officer in a faithful and loyal manner by exhibiting his dedication to preserving the rights and security of all Milton citizens; and WHEREAS, Officer Keenan Grey has worked beyond expectations putting in numerous days and hours above and beyond the requirements of his assignment; and WHEREAS, Officer Keenan Grey has demonstrated a strong work ethic as demonstrated in his willingness to go above and beyond his daily duties to bring cases to a resolution; and WHEREAS, Officer Keenan Grey displays a professional and commendable demeanor with citizens and victims and is an outstanding example to other officers and supervisors; Now, therefore, I Mayor of the City of Milton, Milton City Council, and citizens of the City of Milton formally recognize Officer Keenan Grey for his outstanding performance as a member of the Milton Police Department; and I further call that the City of Milton hereby recognizes the achievements of Officer Keenan Grey and expresses pride in presenting to him the 2012 Officer of the Year award. Given under our hand and seal of the City of Milton, Georgia on this 5th Day of November, 2012. ________________________________ (Seal) Joe Lockwood, Mayor City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Sudie Gordon Date: Submitted October 22, 2012 for First Presentation on the November 5, 2012 Regular Council Meeting and Ratification at the November 19, 2012 Regular Council Meeting. Agenda Item: Consideration of the Approval of An Ordinance Amending Ordinance No. 09- 09-49 Adopting and Amending Rules and Procedures for the City Council Meetings and Public Hearings for the City of Milton, Georgia; and for Other Purposes. CMO (City Manager’s Office) Recommendation: Approve the attached ordinance to amend the Rules and Procedures of public meetings held by the City of Milton, providing for an orderly process of conducting business, and for other purposes. Background: Governments traditionally adopt Rules of Procedure, or operation standards and protocol which facilitate the orderly conduct of public meetings. Such documents outline how meetings will be conducted and stand as the backbone for staff and elected officials to refer to in one of the most critical functions of any government – soliciting public input and conducting public meetings. The rules and procedures were first adopted by the City of Milton on November 21, 2006 and amendments were adopted on January 18, 2007, June 21, 2007, January 10, 2008, September 15, 2008, and September 9, 2009. Discussion: The Rules of Procedure were drafted in accordance with legislative changes to Title 50, Chapter 14, House Bill 397 (April 17, 2012). Amendments to the Rules and Procedures are recommended, annotated (redlined) and attached. Alternatives: N/A Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 Amended on January 18, 2007 Second Amendment on June 21, 2007 Third Amendment on January 10, 2008 Fourth Amendment on September 15, 2008 Fifth Amendment on September 9, 2009 Sixth Amendment on November 19, 2012 Page 1 of 9 CITY OF MILTON, GEORGIA RULES AND PROCEDURES FOR THE CITY COUNCIL MEETINGS AND PUBLIC HEARINGS Section 1. Open Meetings. All meetings of the Mayor and City Council shall be held in accordance with the provisions of O.C.G.A. 50-14-1, et. seq. otherwise known at the Open Meetings Act (the “Act”). Title 50, Chapter 14 of the Official Code of Georgia Annotated. The public shall at all times be afforded access to all meetings other than executive sessions as defined at O.C.G.A 50-14-1(a)(2) and those assemblies exempt from the Act per O.C.G.A. 50- 14-3(a). Section 2. Executive Sessions. Executive sessions of the council may be held for all purposes set forth in O.C.G.A. 50-14-3(b)(1), (2), and (4). for the purpose of discussing topics exempted from public access requirements by Title 50, Chapter 14 of the Official Code of Georgia Annotated. Any portion of a the meeting or assembly not subject to the Act that does not fall within the purview of O.C.G.A. 50-14-3(b)(1), (2) and (4) any such exemptions shall be open to the public. (a) Non-Exempt Topics. If an agency a council member initiates a discussion during executive session that falls outside the scope of those topics that may be discussed pursuant to O.C.G.A. 50-14-3(b)(1), (2) and (4) the mayor must immediately rule the discussion out of order. attempts to discuss a non-exempt topic during an executive session, the mayor, city manager, or city clerk shall immediately rule that council member out of order and such discussion shall cease. If the impermissible discussion continues, the chairman must adjourn the meeting. If the council member persists in discussing the non-exempt topic, the mayor shall adjourn the meeting immediately. (b) Procedure For Entering Into Executive Sessions. No executive session shall be held except pursuant to a majority affirmative vote of the city council taken in a public meeting. The minutes of the public meeting shall reflect the names of the council members present, those voting for the executive session, and the specific reasons for the executive session. All votes taken on items discussed in executive session shall be taken in an open meeting. (c) Executive Session Minutes. Executive session minutes shall be kept in accord with O.C.G.A. 50-14-1(e)(2)(C). Executive session minutes shall not be open to the public. (1) Executive Sessions Discussing Real Estate Acquisition. Minutes of an executive session in which the acquisition of real estate is discussed shall be taken Formatted: Font: Italic Formatted: Font: Not Bold City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 Amended on January 18, 2007 Second Amendment on June 21, 2007 Third Amendment on January 10, 2008 Fourth Amendment on September 15, 2008 Fifth Amendment on September 9, 2009 Sixth Amendment on November 19, 2012 Page 2 of 9 in the same manner as minutes of an open meeting (Section 21 of this document) and available for public inspection except that any portion of the minutes identifying the real estate shall be redacted until such time as the action for acquisition of the real estate is taken, or decision is reached that the proposed acquisition is to be terminated, abandoned or until court actions are to be initiated through the use of condemnation proceedings. (2) Other Executive Sessions. Minutes of executive sessions devoted to any topic other than land acquisition may be maintained by the clerk at the direction of the mayor. Any such minutes shall be maintained in a confidential file and shall not be subject to disclosure, except that disclosure of such portions of minutes identifying real estate to be acquired by the city council may only be delayed until such time as the acquisition of the real estate has been completed, terminated, or abandoned or court proceedings have been initiated. (d) Mayor or Presiding Officer Affidavit. The mayor or other presiding officer shall execute an affidavit stating, under oath, that the executive session was devoted to topics exempt from the public access requirements. The affidavit shall include the specific exemption to the open meetings law. The affidavit shall be notarized and filed with the minutes of the open meeting. [Cross Reference: O.C.G.A. §§ 50-14-2, 5-14-3 and 50-14-4] Section 3. Visual and Sound Recordings. Visual, sound, and visual and sound recordings shall be permitted for all public hearings. [Cross-reference: O.C.G.A. § 50-14-1(c)] Section 4. Quorum. A quorum must be physically present at the site where the meeting is to be held for conducting meetings of the city council. A quorum is four (4) members of the city council, including the Mayor. It is the duty of the mayor or presiding officer to enforce this rule. Any council member may raise a point of order directed to the mayor or presiding officer if he or she believes that a quorum is not present. If, during the course of a meeting, a council member or council members leave and a quorum no longer exists, the meeting may not continue. If a quorum is not attained within thirty minutes, the meeting may be rescheduled by the mayor or presiding officer with the approval of the council members physically present at the site of the meeting. Section 4.5 Telephonic Participation. The city council is authorized to conduct meetings by teleconference so long as the notice required by the Act is provided and means are afforded for the public to have simultaneous access to the teleconference meeting. On any other occasion of the meeting of council, and so long as a quorum is present in person, a council member may participate by teleconference if necessary due to reasons of health or absence from City limi ts so long as the other requirements of the Act are met. Absent emergency conditions or the written Formatted: Indent: Left: 0.88" Formatted: Font: Bold City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 Amended on January 18, 2007 Second Amendment on June 21, 2007 Third Amendment on January 10, 2008 Fourth Amendment on September 15, 2008 Fifth Amendment on September 9, 2009 Sixth Amendment on November 19, 2012 Page 3 of 9 opinion of a physician or other health professional that reasons of health prevent a council member’s physical presence, no member shall participate by teleconference more than twice in one calendar year. [Cross reference O.C.G.A. 50-14-1(g)] Section 5. Mayor. The presiding officer of the city council shall be the mayor. As presiding officer, he or she is responsible for the orderly conduct of the meeting. In order to fulfill this duty, the mayor shall enforce the rules of procedure that are adopted by the city council. The mayor shall be impartial and conduct the meetings in a fair manner. The mayor may introduce motions and second motions, including a motion or second to go into executive session. as authorized by Section 2 of this ordinance. The mayor shall be a voting member of the elected body. Section 6. Mayor Pro-Tempore. The council shall select a mayor pro-tempore from the council members at the first meeting of the calendar year following each election, provided no runoff election is required. In the event a runoff election is required, a mayor pro -tempore shall be selected at the first meeting after a full mayor and city council are seated. The mayor pro- tempore shall fulfill the duties of the mayor if the mayor is not in attendance. During the absence or physical or mental disability of the mayor for any cause, the mayor pro-tempore of the city council, or in such person’s absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the official duties of the office of the mayor so long as such absence or disability shall continue, except that the mayor pro-tempore shall not have the mayor’s veto power except in the case of physical or mental disability of the mayor. A councilmember acting as mayor shall have only one vote. Any such absence or disabil ity shall be declared by majority vote of all councilmembers. The mayor pro-tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest. consistent with the process outlined in the City of Milton Charter, sections 3.29 and 3.30. Section 7. Presiding Officer. If the mayor and the mayor pro-tempore are absent or otherwise unable to serve as presiding officer at a meeting and a quorum of council members are present, the remaining council members shall select a council member to serve as presiding officer of the meeting until either the mayor or mayor pro-tempore is present at the meeting. Section 8. Parliamentarian. The city attorney shall serve as the parliamentarian for city council meetings. Section 9. Amendments to the Rules. Any proposed amendments to the rules of order shall be submitted by a council member in writing to the city manager three business days before a regular meeting of the city council. The proposed amendment shall be included in the agenda for Formatted: Font: Italic City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 Amended on January 18, 2007 Second Amendment on June 21, 2007 Third Amendment on January 10, 2008 Fourth Amendment on September 15, 2008 Fifth Amendment on September 9, 2009 Sixth Amendment on November 19, 2012 Page 4 of 9 that meeting and distributed to all council members. All amendments require a majority vote of the Council physically present in order to be adopted. Section 10. Suspending the Rules of Order. Rules of order may be suspended in the case of an emergency. A motion to suspend the rules requires a second, is debatable, and requires unanimous approval of the council. Rules governing quorums (Section 4), voting methods and requirements (Section 17 and Section 18), the notification to council members of meetings (Section 12(a) and (b)) and rules necessary for compliance with state law may not be suspended; provided, however, that, in the event that a state of emergency is declared by the Governor or other authorized state official, the city council may waive time-consuming procedures and formalities imposed by state law. [Cross-reference: O.C.G.A. § 38-3-54] Section 11. Regular Meetings. Regular meetings of the city council shall be held at 6:00 p.m. on the first and third Monday of each month. All regular meetings shall be held at City Hall in the Mayor and Council meeting room. unless provisions of Section 12(a) are applied. A notice containing the foregoing information shall be posted and maintained in a conspicuous place available to the general public at the regular meeting place of the city council. Notice of regular meetings must be so posted at least one week in advance and will also be posted on the city website. [Cross-reference: O.C.G. A. § 50-14-1(d)(1)] Section 12. Meetings Other Than Regular Meetings. The city council may meet at times and locations other than those regularly scheduled meetings. (a) Special Meetings and Rescheduled Regular Meetings. A regular meeting may be canceled, rescheduled, recessed or moved to a new location within the city site by the mayor and city council for any reason. Other special meetings may be scheduled by the mayor or at the request of at least three (3) four (4) council members. Whenever a rescheduled regular meeting or any other special meeting is to be held at a time or place other than the regularly scheduled time or place, written notice of the change shall be posted for at least 24 hours at the regular meeting place as well as the physical location where the meeting is to be held, if such location is different than the regular meeting place. In addition, written or oral notice shall be given by the clerk at least 24 hours in advance of the meeting to the legal organ of the city. Specially called meetings and emergency meetings with less than 24 hours’ notice are authorized and may be called in accord with O.C.G.A. 50-14-1(d)(3)., as well as to each member of the city governing authority. [Cross-reference: O.C.G.A. § 50-14-1(d)] (b) Meetings With Less Than 24 Hours Notice. When emergency circumstances occur, the city council may hold a meeting with less than 24 hours notice to the public. When City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 Amended on January 18, 2007 Second Amendment on June 21, 2007 Third Amendment on January 10, 2008 Fourth Amendment on September 15, 2008 Fifth Amendment on September 9, 2009 Sixth Amendment on November 19, 2012 Page 5 of 9 such meetings are to be held, the clerk shall provide notice to the legal organ of the city and to each member of the city governing authority as soon as possible. The notice shall include the subjects expected to be considered at the meeting. In addition, the minutes shall reflect the reason for the emergency meeting and the nature of the notice given to the media. [Cross-reference: O.C.G.A. § 50-14-1-(d)] (c) Meetings During a State of Emergency. When it is imprudent, inexpedient or impossible to hold city council meetings at the regular meeting place due to emergency or disaster resulting from manmade or natural causes, as declared by the Governor or other authorized state official, the city council may meet anywhere within or outside of the city. Such a meeting may be called by the mayor or by any three (3) council members. At the meeting, the council members shall establish and designate emergency temporary meeting locations where public business may be transacted during the emergency. Any action taken in such meetings shall have the same effect as if performed at the regular meeting site. [Cross reference: O.C.G.A. §§ 50-14-1(d), 38-3-54, 38-3-55] (d) Work Sessions. Meetings to discuss City business where no substantive formal votes are taken shall be scheduled in regular intervals to facilitate discussion on important topics. Work Sessions shall be held at 6:00 p.m. on the second Monday of each month. All work session meetings shall be held at City Hall in the Mayor and Council meeting room. A notice containing the foregoing information shall be posted and maintained in a conspicuous place available to the general public at the regular meeting place of the city council. Public input at work sessions will be allowed for ten (10) minutes per item, two (2) minutes per person with the Mayor having flexibility to extend the time if needed. The Council shall be authorized to conduct an executive session during a work session. Section 13. Order of Business. All regular city council meetings shall substantially follow an established order of business. The order shall be as follows: 1. Call to Order 2. Roll Call 3.4. Pledge of Allegiance 4.5. Approval of Meeting Agenda 5.6. Public Comment 6.7. Consent Agenda 7.8. Reports and Presentations 8.9. First PresentationZoning Agenda 9.10. Public HearingFirst Presentation 10.11. Zoning AgendaUnfinished Business 11.12. Unfinished BusinessNew Business City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 Amended on January 18, 2007 Second Amendment on June 21, 2007 Third Amendment on January 10, 2008 Fourth Amendment on September 15, 2008 Fifth Amendment on September 9, 2009 Sixth Amendment on November 19, 2012 Page 6 of 9 12.13. New BusinessMayor and Council Reports 13.14. Mayor and Council ReportsStaff Reports 14.15. Staff Reports Adjournment 15. Executive Session (if needed) 16. Reconvene 17. Adjournment Section 14. Agenda. The city manager and city clerk shall prepare an agenda of subjects to be acted on for each meeting. Work session topics and council agenda items shall be submitted consistent with the process. established by the City Manager and City Clerk. The agenda shall be made available to the city council at least one business day before every city council meeting. (a) Requests For Agenda Items. Members of the public may request that a particular subject be placed on the agenda for a meeting. To be considered, this request shall be submitted in writing to the city manager or city clerk. (b) Changing The Agenda. The order of the agenda may be changed during a meeting by a majority vote of the city council. A new item may be added to the agenda by a majority vote of the city council only if it becomes necessary to address the item during the meeting. An existing item may be removed from the agenda by the majority vote of the city council. Items for consideration by the City Council must be placed on City Council meeting or work session agendas on or before 5:00 p.m. no less than seven working days prior to the scheduled meeting or work session except in the case of an emergency situation, which shall be defined as a sudden, unforeseen happening which requires immediate action to correct or to protect lives and/or property. (c) Agenda Must Be Made Public. The agenda of all matters to come before the city council shall be made available to the public upon request and shall be posted at the meeting site as far in advance as reasonably possible, but shall not be required to be available more than two weeks prior to the meeting, but not . Not less than 24 hours prior to the start of the meeting. [Cross-reference: O.C.G.A. §§ 50-14-1(e)(1) and 36-66-4] Section 15. Consent Agenda. A consent agenda may be prepared by the city manager for the city council to adopt motions on routine items. Any items of business that are expected to receive unanimous approval without debate may be placed on a consent agenda. At the appropriate time of the meeting, all of the items on the consent agenda shall be read into public record. If a council member objects to an item being on the consent agenda, the council member shall direct the move of that particular item to the regular agenda throug h a motion, second, and majority vote. Following the reading of the consent agenda, the mayor may ask for approval of the items on the consent agenda. If there are no objections, all the items on the consent agenda shall be approved by a majority vote of the city council. City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 Amended on January 18, 2007 Second Amendment on June 21, 2007 Third Amendment on January 10, 2008 Fourth Amendment on September 15, 2008 Fifth Amendment on September 9, 2009 Sixth Amendment on November 19, 2012 Page 7 of 9 Section 16. Decorum. All council members shall conduct themselves in a p rofessional and respectful manner. Personal remarks are inappropriate and may be ruled out of order. A council member may not speak at a meeting until he or she has been recognized by the mayor. All comments made by a council member shall succinctly address the motion that is being discussed. The mayor shall enforce these rules of decorum. If a council member believes that a rule has been broken, he or she may raise a point of order. A second is not required. The Mayor may is authorized to unilaterally rule on the question; or may allow the city council to , in the Mayor’s discretion, the question can be presented to the full Council for debate the issue and be decided by via majority vote. Section 17. Voting. Passage of a motion shall require the affirmative vote of a majority of those voting at which a quorum is physically present. at the site where the meeting is to be held . Unless otherwise specified in the charter as it pertains to voting by the Mayor, a majority shall mean at least four of the council members physically present (including mayor). at the site of the meeting. Section 18. Abstentions. A council member shall vote on all motions unless he or she has a conflict of interest preventing him or her from making a decision in a fair and legal manner. If a conflict of interest does exist, the council member shall explain for the record his or her decision to abstain on any vote. Section 19. Public Participation. Public participation in meetings of the city council shall be permitted in accordance with the provisions of this section. (a) Public Comments. All members of the public wishing to address the city council shall submit their name and the topic of their comments to the city clerk prior to the start of any meeting held by the city council; provided, however, that if the applicants of rezoning actions or individual who wish to oppose a rezoning action has contributed more than $250 to the campaign of a council member who will consider the application, the individual shall file a campaign disclosure form as required by O.C.G.A. § 36-67A- 3(c) at least five calendar days prior to the first hearing by the city council. Individuals may be allotted five minutes to make their comments and those comments shall be limited to their chosen topic. These limits may be waived by a majority vote of the city council. [Cross-reference: O.C.G.A. § 36-67A-3] (b) Public Participation on Agenda Items. The city council may allow public comment on an agenda item at the time the item is being considered by the city council. These comments shall be limited to the subject that is being debated. Members of the public may speak for five minutes and may speak only once. These limits may be waived by a majority vote of the city council. Anyone wishing to speak at any city council meeting must be recognized by the mayor before addressing the city council. City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 Amended on January 18, 2007 Second Amendment on June 21, 2007 Third Amendment on January 10, 2008 Fourth Amendment on September 15, 2008 Fifth Amendment on September 9, 2009 Sixth Amendment on November 19, 2012 Page 8 of 9 (c) Decorum. Members of the public shall not make inappropriate or offensive comments at a city council meeting and are expected to comply with the rules of decorum that are established for council members. Individuals violating any rules of the city council shall be ruled out of order by the mayor or by a point of order made by a council member. A majority vote of the city council shall rule on the point of order. An individual violating the rules of decorum may be removed from the meeting at the direction of the mayor. (d) Public Hearings. The city council may schedule public hearings for the purpose of soliciting public comment on any subject of interest to the city council. Hearings may be held immediately prior to, during or following a meeting of the city council or at such other places and times as the city council may determine. These limits may be waived by a majority vote of the City Council. No official action shall be taken at any such public hearing. Hearings on zoning decisions shall be governed in accordance with the zoning policies and procedures and require the opportunity for each side to have at least 10 minutes to discuss their position or offer comments. [Cross-reference: O.C.G.A. §§ 36-66-4 and 36-66-5] (e) Representation of Civic Associations, Advocacy Groups or Homeowners' Associations. The city council may allow public comment on either an agenda item or general public comment from a representative of such an organized group or association; provided, however, that such an individual shall file a notarized affidavit that they have the authority to speak on behalf of said organization on a form provided by the City Clerk prior to the agenda item being called. Section 20. Meeting Summary. A summary of the subjects acted upon in a meeting and the names of the council members present at a meeting shall be written and made available to the public for inspection within two business days of the adjournment of the meeting. [Cross-reference: O.C.G.A. § 50-14-1(e)(2)] Section 21. Minutes. The clerk of the city council shall promptly record the minutes for each city council meeting. The minutes shall specify the names of council members present at the meeting, a description of each motion or other proposal made at the meeting, the name of the council member who proposed each motion, the name of the council member who seconded each motion, and a record of all votes (the name of each council member voting for or against a proposal shall be recorded). Minutes will be in summary form. Minutes for zoning agenda items will be verbatim. More detailed information may be included in the minutes at the request of the majority of the members of the city council. The city council shall approve the minutes before they may be considered as an official record of the city council. The minutes shall be open for public inspection once approved as official by City of Milton 13000 Deerfield Parkway, Suite 107, Milton Georgia 30004 Amended on January 18, 2007 Second Amendment on June 21, 2007 Third Amendment on January 10, 2008 Fourth Amendment on September 15, 2008 Fifth Amendment on September 9, 2009 Sixth Amendment on November 19, 2012 Page 9 of 9 the city council but in no case later than immediately following the next regular meeting of the city council. Regular meeting minutes will be provided at the next regularly scheduled meeting. Work Session minutes will be provided at the next regularly scheduled Work Session. A copy of the minutes from the previous meeting shall be distributed to the city council at least one business day before the following meeting. The minutes of the previous meeting shall be corrected, if necessary, and approved by the city council at the beginning of each meeting. A majority vote is required for approval. Conflicts regarding the content of the minutes shall be decided by a majority vote. Upon being approved, the minutes shall be signed by the mayor and attested to by the clerk of the city council. [Cross-reference: O.C.G.A. § 50-14-1(e) (2)] Section 22. Roberts Rules of Order. This document shall serve as the rules and procedures of the Mayor and City Council. In the absence of applicable rules and procedures which may from time to time be encountered during the public meetings, Roberts Rules of Order shall be followed. Section 23. Duration of Council Meetings. City Council Meetings shall not extend beyond 12:00 midnight, and in the event that business is not concluded prior to that time, the remaining agenda, unless otherwise extended by a majority vote of the council, or unless an emergency exists, shall be deferred to “unfinished business” on the next scheduled meeting agenda. City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 Page 1 of 8 CITY OF MILTON, GEORGIA RULES AND PROCEDURES FOR THE CITY COUNCIL MEETINGS AND PUBLIC HEARINGS Section 1. Open Meetings. All meetings of the Mayor and City Council shall be held in accordance with the provisions of O.C.G.A. 50-14-1, et. seq. otherwise known as the Open Meetings Act (the “Act”). The public shall at all times be afforded access to all meetings other than executive sessions as defined at O.C.G.A. 50-14-1(a)(2) and those assemblies exempt from the Act per O.C.G.A. 50-14-3(a). Section 2. Executive Sessions. Executive sessions of the council may be held for all purposes set forth in O.C.G.A. 50-14- 3(b)(1), (2), and (4). Any portion of a meeting or assembly subject to the Act that does not fall within the purview of O.C.G.A. 50-14-3(b)(1), (2) and (4) shall be open to the public. (a) Non-Exempt Topics. If an agency member initiates a discussion during executive session that falls outside the scope of those topics that may be discussed pursuant to O.C.G.A. 50-14-3(b)(1), (2) and (4) the mayor must immediately rule the discussion out of order. If the impermissible discussion continues, the chairman must adjourn the meeting. (b) Procedure For Entering Into Executive Sessions. No executive session shall be held except pursuant to a majority affirmative vote of the city council taken in a public meeting. The minutes of the public meeting shall reflect the names of the council members present, those voting for the executive session, and the specific reasons for the executive session. (c) Executive Session Minutes. Executive session minutes shall be kept in accord with O.C.G.A. 50-14-1(e)(2)(C). Executive session minutes shall not be open to the public. (d) Mayor or Presiding Officer Affidavit. The mayor or other presiding officer shall execute an affidavit stating, under oath, that the executive session was devoted to topics exempt from the public access requirements. The affidavit shall include the specific exemption to the open meetings law. The affidavit shall be notarized and filed with the minutes of the open meeting. [Cross Reference: O.C.G.A. §§ 50-14-2, 5-14-3 and 50-14-4] City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 Page 2 of 8 Section 3. Visual and Sound Recordings. Visual, and sound recordings shall be permitted for all public hearings. [Cross-reference: O.C.G.A. § 50-14-1(c)] Section 4. Quorum. A quorum must be present for conducting meetings of the city council. A quorum is four (4) members of the city council, including the Mayor. It is the duty of the mayor or presiding officer to enforce this rule. Any council member may raise a point of order directed to the mayor or presiding officer if he or she believes that a quorum is not present. If, during the course of a meeting, a council member or council members leave and a quorum no longer exists, the meeting may not continue. If a quorum is not attained within thirty minutes, the meeting may be rescheduled by the mayor or presiding officer with the approval of the council members present. Section 4.5. Telephonic Participation. The city council is authorized to conduct meetings by teleconference so long as the notice required by the Act is provided and means are afforded for the public to have simultaneous access to the teleconference meeting. On any other occasion of the meeting of council, and so long as a quorum is present in person, a council member may participate by teleconference if necessary due to reasons of health or absence from City limits so long as the other requirements of the Act are met. Absent emergency conditions or the written opinion of a physician or other health professional that reasons of health prevent a council member’s physical presence, no member shall participate by teleconference more than twice in one calendar year. [Cross reference O.C.G.A. 50-14-1(g)] Section 5. Mayor. The presiding officer of the city council shall be the mayor. As presiding officer, he or she is responsible for the orderly conduct of the meeting. In order to fulfill this duty, the mayor shall enforce the rules of procedure that are adopted by the city council. The mayor shall be impartial and conduct the meetings in a fair manner. The mayor may introduce motions and second motions, including a motion or second to go into executive session. The mayor shall be a voting member of the elected body. Section 6. Mayor Pro-Tempore. The council shall select a mayor pro-tempore from the council members at the first meeting of the calendar year following each election, provided no runoff election is required. In the event a runoff election is required, a mayor pro-tempore shall be selected at the first meeting after a full mayor and city council are seated. The mayor pro -tem shall fulfill the duties of the mayor if the mayor is not in attendance. During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore of the city council, or in such person’s absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the official duties of the office of the mayor so long as such absence or disability shall continue, except that the mayor pro tempore shall not have the mayor’s veto power except in the case of physical or mental disability of the mayor. A councilmember acting as mayor shall have only one vote. Any such absence or disability shall be declared by majority City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 Page 3 of 8 vote of all councilmembers. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest. Section 7. Presiding Officer. If the mayor and the mayor pro-tem are absent or otherwise unable to serve as presiding officer at a meeting and a quorum of council members are present, the remaining council members shall select a council member to serve as presiding officer of the meeting until either the mayor or mayor pro-tem is present at the meeting. Section 8. Parliamentarian. The city attorney shall serve as the parliamentarian for city council meetings. Section 9. Amendments to the Rules. Any proposed amendments to the rules of order shall be submitted to the city manager three business days before a regular meeting of the city council. The proposed amendment shall be included in the agenda for that meeting and distributed to all council members. All amendments require a majority vote of the council to be adopted. Section 10. Suspending the Rules of Order. Rules of order may be suspended in the case of an emergency. A motion to suspend the rules requires a second, is debatable, and requires unanimous approval of the council. Rules governing quorums (Section 4), voting methods and requirements (Section 17 and Section 18), the notification to council members of meetings (Section 12(a) and (b)) and rules necessary for compliance with state law may not be suspended; provided, however, that, in the event that a state of emergency is declared by the Governor or other authorized state official, the city council may waive time-consuming procedures and formalities imposed by state law. [Cross-reference: O.C.G.A. § 38-3-54] Section 11. Regular Meetings. Regular meetings of the city council shall be held at 6:00 p.m. on the first and third Monday of each month. All regular meetings shall be held at City Hall in the Mayor and Council meeting room. A notice containing the foregoing information shall be posted and maintained in a conspicuous place available to the general public at the regular meeting place of the city council. Notice of regular meetings must be so posted at least one week in advance and will also be posted on the city website. [Cross-reference: O.C.G. A. § 50-14-1(d)(1)] Section 12. Meetings Other Than Regular Meetings. The city council may meet at times and locations other than those regularly scheduled meetings. (a) Special Meetings and Rescheduled Regular Meetings. A regular meeting may be canceled, rescheduled, recessed or moved to a new location within the city site by the mayor and city council for any reason. Other special meetings may be scheduled by the mayor or at the request of at least three (3) council members. Whenever a rescheduled regular meeting or any other special meeting is to be held at a time or place other than the regularly scheduled time or place, written notice of the meeting shall be posted for at least 24 hours at the regular meeting place as well as the physical location where the City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 Page 4 of 8 meeting is to be held, if such location is different than the regular meeting place. In addition, written or oral notice shall be given by the clerk at least 24 hours in advance of the meeting to the legal organ of the city. Specially called meetings and emergency meetings with less than 24 hours’ notice are authorized and may be called in accord with O.C.G.A. 50-14-1(d)(3). [Cross-reference: O.C.G.A. § 50-14-1(d)] (b) Meetings With Less Than 24 Hours Notice. When emergency circumstances occur, the city council may hold a meeting with less than 24 hours notice to the public. When such meetings are to be held, the clerk shall provide notice to the legal organ of the city and to each member of the city governing authority as soon as possible. The notice shall include the subjects expected to be considered at the meeting. In addition, the minutes shall reflect the reason for the emergency meeting and the nature of the notice given to the media. [Cross-reference: O.C.G.A. § 50-14-1-(d)] (c) Meetings During a State of Emergency. When it is imprudent, inexpedient or impossible to hold city council meetings at the regular meeting place due to emergency or disaster resulting from manmade or natural causes, as de clared by the Governor or other authorized state official, the city council may meet anywhere within or outside of the city. Such a meeting may be called by the mayor or by any three (3) council members. At the meeting, the council members shall establish and designate emergency temporary meeting locations where public business may be transacted during the emergency. Any action taken in such meetings shall have the same effect as if performed at the regular meeting site. [Cross reference: O.C.G.A. §§ 50-14-1 (d), 38-3-54, 38-3-55] (d) Work Sessions. Meetings to discuss City business where no substantive votes are taken shall be scheduled in regular intervals to facilitate discussion on important topics. Work Sessions shall be held at 6:00 p.m. on the second Monday of each month. All work session meetings shall be held at City Hall in the Mayor and Council meeting room. A notice containing the foregoing information shall be posted and maintained in a conspicuous place available to the general public at the regular meeting place of the city council. Public input at work sessions will be allowed for ten (10) minutes per item, two (2) minutes per person with the Mayor having flexibility to extend the time if needed. The Council shall be authorized to conduct an executive session during a work session. Section 13. Order of Business. All regular city council meetings shall substantially follow an established order of business. The order shall be as follows: 1. Call to Order 2. Roll Call 3. Pledge of Allegiance City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 Page 5 of 8 4. Approval of Meeting Agenda 5. Public Comment 6. Consent Agenda 7. Reports and Presentations 8. First Presentation 9. Public Hearing 10. Zoning Agenda 11. Unfinished Business 12. New Business 13. Mayor and Council Reports 14. Staff Reports 15. Executive Session (if needed) 16. Reconvene 17. Adjournment Section 14. Agenda. The city manager and city clerk shall prepare an agenda of subjects to be acted on for each meeting. Work session topics and council agenda items shall be submitted consistent with the attached process. The agenda shall be made available to the city council at least one business day before every city council meeting. (a) Requests For Agenda Items. Members of the public may request that a particular subject be placed on the agenda for a meeting. To be considered, this request shall be submitted in writing to the city manager or city clerk. (b) Changing The Agenda. The order of the agenda may be changed during a meeting by a majority vote of the city council. A new item may be added to the agenda by a majority vote of the city council onl y if it becomes necessary to address the item during the meeting. An existing item may be removed from the agenda by the majority vote of the city council. Items for consideration by the City Council must be placed on City Council meeting or work session agendas on or before 5:00 p.m. no less than seven working days prior to the scheduled meeting or work session except in the case of an emergency situation, which shall be defined as a sudden, unforeseen happening which requires immediate action to correct or to protect lives and/or property. (c) Agenda Must Be Made Public. The agenda of all matters to come before the city council shall be made available to the public upon request and shall be posted at the meeting site as far in advance as reasonably possible, but shall not be required to be available more than two weeks prior to the meeting. Not less than 24 hours prior to the start of the meeting. [Cross-reference: O.C.G.A. §§ 50-14-1(e)(1)] Section 15. Consent Agenda. A consent agenda may be prepared by the city manager for the city council to adopt motions on routine items. Any items of business that are expected to City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 Page 6 of 8 receive unanimous approval without debate may be placed on a consent agenda. At the appropriate time of the meeting, all of the items on the consent agenda shall be read into public record. If a council member objects to an item being on the consent agenda, the council member shall direct the move of that particular item to the regular agenda through a motion, second, and majority vote. Following the reading of the consent agenda, the mayor may ask for approval of the items on the consent agenda. If there are no objections, all the items on the consent agenda shall be approved by a majority vote of the city council. Section 16. Decorum. All council members shall conduct themselves in a professional and respectful manner. Personal remarks are inappropriate and may be ruled out of order. A council member may not speak at a meeting until he or she has been recognized by the mayor. All comments made by a council member shall address the motion that is being discussed. The mayor shall enforce these rules of decorum. If a council member believes that a rule has been broken, he or she may raise a point of order. A second is not required. The mayor may rule on the question or may allow the city council to debate the issue and decide by majority vote. Section 17. Voting. Passage of a motion shall require the affirmative vote of a majority of those voting at which a quorum is present. Unless otherwise specified in the charter as it pertains to voting by the Mayor, a majority shall mean at least four of the council members present (including mayor). Section 18. Abstentions. A council member shall vote on all motions unless he or she has a conflict of interest preventing him or her from making a decision in a fair and legal manner. If a conflict of interest does exist, the council member shall explain for the record his or her decision to abstain on any vote. Section 19. Public Participation. Public participation in meetings of the city council shall be permitted in accordance with the provisions of this section. (a) Public Comments. All members of the public wishing to address the city council shall submit their name and the topic of their comments to the city clerk prior to the start of any meeting held by the city council; provided, however, that if the applicants of rezoning actions or individual who wish to oppose a rezoning action has contributed more than $250 to the campaign of a council member who will consider the application, the individual shall file a campaign disclosure form as required by O.C.G.A. § 36-67A- 3(c) at least five calendar days prior to the first hearing by the city council. Individuals may be allotted five minutes to make their comments and those comments shall be limited to their chosen topic. These limits may be waived by a majority vote of the city council. [Cross-reference: O.C.G.A. § 36-67A-3] (b) Public Participation on Agenda Items. The city council may allow public comment on an agenda item at the time the item is being considered by the city council. These comments shall be limited to the subject that is being debated. Members of the public City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 Page 7 of 8 may speak for five minutes and may speak only once. These limits may be waived by a majority vote of the city council. Anyone wishing to speak at any city council meeting must be recognized by the mayor before addressing the city council. (c) Decorum. Members of the public shall not make inappropriate or offensive comments at a city council meeting and are expected to comply with the rules of decorum that are established for council members. Individuals violating any rules of the city council may be ruled out of order by the mayor or on a point of order made by a council member. A majority vote of the city council shall rule on the point of order. An individual violating the rules of decorum may be removed from the meeting at the direction of the mayor. (d) Public Hearings. The city council may schedule public hearings for the purpose of soliciting public comment on any subject of interest to the city council. Hearings may be held immediately prior to, during or following a meeting of the city council or at such other places and times as the city council may determine. Hearings require at least 10 minutes per side. These limits may be waived by a majority vote of the City Council. No official action shall be taken at any such public hearing. Hearings on zoning decisions shall be governed in accordance with the zoning policies and procedures and require the opportunity for each side to have at least ten (10) minutes to discuss their position or offer comments. [Cross-reference: O.C.G.A. §§ 36-66-4 and 36-66-5] (e) Representation of Civic Associations, Advocacy Groups or Homeowners’ Associations. The city council may allow public comment on either an agenda item or general public comment from a representative of such an organized group or association; provided, however, that such an individual shall file a notarized affidavit that they have the authority to speak on behalf of said organization on a form provided by the City Clerk prior to the agenda item being called. Section 20. Meeting Summary. A summary of the subjects acted upon in a meeting and the names of the council members present at a meeting shall be written and made available to the public for inspection within two business days of the adjournment of the meeting. [Cross-reference: O.C.G.A. § 50-14-1(e)(2)] Section 21. Minutes. The clerk of the city council shall promptly record the minutes for each city council meeting. The minutes shall specify the names of council members present at the meeting, a description of each motion or other proposal made at the meeting, the n ame of the council member who proposed each motion, the name of the council member who seconded each motion, and a record of all votes (the name of each council member voting for or against a proposal shall be recorded). Minutes will be in summary form. Minutes for zoning agenda items will be verbatim. More detailed information may be included in the minutes at the request of the city council. City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 Page 8 of 8 The city council shall approve the minutes before they may be considered as an official record of the city council. The minutes shall be open for public inspection once approved as official by the city council but in no case later than immediately following the next regular meeting of the city council. A copy of the minutes from the previous meeting shall be distributed to the city council at least one business day before the following meeting. The minutes of the previous meeting shall be corrected, if necessary, and approved by the city council at the beginning of each meeting. A majority vote is required for approval. Conflicts regarding the content of the minutes shall be decided by a majority vote. Upon being approved, the minutes shall be signed by the mayor and attested to by the clerk of the city council. [Cross-reference: O.C.G.A. § 50-14-1(e)(2)] Section 22. Roberts Rules of Order. This document shall serve as the rules and procedures of the Mayor and City Council. In the absence of applicable rules and procedures which may from time to time be encountered during the public meetings, Roberts Rules of Order shall be followed. Section 23. Duration of Council Meetings. City Council Meetings shall not extend beyond 12:00 midnight, and in the event that business is not concluded prior to that time, the remaining agenda, unless otherwise extended by a majority vote of the council, or unless an emergency exists, shall be deferred to “unfinished business” on the next scheduled meeting agenda. STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE AMENDING ORDINANCE NO. 09-09-49 ADOPTING AND AMENDING RULES AND PROCEDURES FOR THE CITY COUNCIL MEETINGS AND PUBLIC HEARINGS FOR THE CITY OF MILTON, GEORGIA; AND FOR OTHER PURPOSES The Council of the City of Milton hereby ordains while in regular session on the 19th day of November at 6:00 p.m.: SECTION 1. That the Rules of Procedures for the City Council Meetings and Public Hearings adopted on November 21, 2006, amended on January 18, 2007, June 21, 2007, January 10, 2008, September 15, 2008 and September 9, 2009 are hereby amended and attached hereto as if fully set forth herein; and, SECTION 2. All other ordinances in conflict are repealed; and SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this 19th day of November 2012. Approved: _________________________________ Joe Lockwood, Mayor Attest: ___________________________________ Sudie AM Gordon, City Clerk (SEAL) City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on October 22, 2012 for First Presentation on the November 5, 2012 Regular Council Meeting and Ratification at the November 19, 2012 Regular Council Meeting Agenda Item: Consideration of An Ordinance to Amend Article III, Property Maintenance, Division 4, General Requirements, Section 10-267 (Exterior Property Requirements) of Chapter 10, Buildings and Building Regulations of the City of Milton Code. City Manager’s Office Recommendation: Consideration and approval of an amendment to the “Buildings and Building Regulations” Ordinance. Background: Clarification is needed to include both developed and undeveloped lots in this ordinance. Discussion The current wording of the ordinance has been interpreted by the court as vague. In order to make it clear, it is proposed that the following wording (bold, italicized) be added to Section 10- 267(d)(1): “All premises and exterior property, including both developed and undeveloped lots, shall be maintained free from weeds or plant growth in excess of ten inches. All noxious weeds shall be prohibited.” Funding and Fiscal Impact: None. Alternatives: Do not approve the changes to the ordinance Concurrent Review: Chris Lagerbloom, City Manager STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO AMEND ARTICLE III, PROPERTY MAINTENANCE, DIVISION 4, GENERAL REQUIREMENTS, SECTION 10-267 (EXTERIOR PROPERTY REQUIREMENTS) OF CHAPTER 10, BUILDINGS AND BUILDING REGULATIONS OF THE CITY OF MILTON CODE BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on November 19, 2012 at 6:00 p.m. as follows: SECTION 1. That the Ordinance that relates to exterior property requirements, Chapter 10, Article III, Division 4, Section 10-267 of the City of Milton Code 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 19th day of November, 2012. _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) Sec. 10-267. - Exterior property requirements. (a) Keep exterior premises in clean, safe and sanitary condition. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. (b) Maintain grading and drainage to prevent soil erosion and stagnant water. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Excepted from this subsection are approved retention areas and reservoirs. (c) Keep sidewalks and driveways repaired and free of hazardous conditions. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. (d) Weeds; definition; assessment. (1) All premises and exterior property, including both developed and undeveloped lots, shall be maintained free from weeds or plant growth in excess of ten inches. All noxious weeds shall be prohibited. a. The term "weeds" means all grasses, annual plants and vegetation, other than trees or shrubs. b. The term "weeds" does not include cultivated flowers and gardens. (2) Upon the failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, he or she shall be subject to prosecution in accordance with section 10-241(b) and as prescribed by the authority having jurisdiction. Upon the failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. (e) Rodent harborage prohibited. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reification. (f) Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tent. (g) Accessory structures to be maintained. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. (h) Motor vehicles. (1) Prohibited. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. (2) Exception. A vehicle of any type is permitted to undergo major overhaul, including body work; provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. (i) Defacement of property. (1) Prohibited. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. (2) Owner's responsibility to restore and maintain. It shall be the owner's responsibility to restore said surface to an approved state of maintenance and repair. (Ord. No. 06-12-76, § 1(302.1)—(302.9), 12-21-2006) City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: November 5, 2012 City Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Mr. Jing Inc. dba Ru Sans (Change of Ownership) City Manager’s Office Recommendation: Approve the issuance of an Alcohol Beverage License to Mr. Jing Inc. dba Ru Sans for consumption on premises of wine and malt beverage. Background: City of Milton Ordinance Chapter 4 allows for the issuance of Alcohol Beverage Licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. Discussion: Staff has processed the application for the following business and recommends issuance of the applicable license: Business Name: Mr. Jing Inc dba Ru Sans Owner(s) Name: Jing Bo Li Business Address: 13085 Highway 9, Ste 440, Milton, GA 30004 Type of License to be Issued: Consumption on Premises – Wine and Malt Beverage Concurrent Review: Chris Lagerbloom, City Manager Deb Harrell, Chief of Police Kathleen Field, Director of Community Development Page 1 of 3 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION IMPOSING A LIMITED AND TEMPORARY MORATORIUM UPON ISSUANCE OF BUSINESS LICENSES TO NEW PAIN MANAGEMENT CLINICS WITHIN THE CITY OF MILTON WHEREAS, on October 1, 2012, the City of Milton adopted a resolution re-imposing a moratorium on the issuance of business licenses to pain management clinics until December 7, 2012 in order to provide the State of Georgia an opportunity to create a statewide database for controlled substances that would impact the City's ability to regulate pain management clinics and provide the City of Milton an opportunity to develop ordinances and/or regulations that address the secondary effects of pain management clinics on individuals and the community; WHEREAS, a true and correct copy of said moratorium is attached as Exhibit A; WHEREAS, the State of Georgia has enacted O.C.G.A. § 16-13-57 through 16-13-65 to establish a state-wide electronic database for certain controlled substances and the Mayor and City Council have reviewed the same; WHEREAS, the City of Milton has reviewed the state-wide electronic database for certain controlled substances, and determined that said database will not be operational until well past the expiration of the current moratorium; WHEREAS, the City of Milton desires to extend the temporary and limited moratorium to enable it to review the outcome of such legislation, and to allow for the possible creation of a statewide database for controlled substances; WHEREAS, appropriate notice and hearing on the moratorium extension contained herein have been carried out according to general and local law. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA, AS FOLLOWS: 1. The interim moratorium enacted October 1, 2012 is hereby terminated. 2. The moratorium on issuance of business licenses to pain management clinics within the City of Milton is extended until April 5, 2013 with the intention of providing the State of Georgia an opportunity to create a statewide database for controlled substances that would impact the City's ability to regulate pain management clinics and providing the City of Milton an Page 2 of 3 opportunity to develop ordinances and/or regulations that address the secondary effects of pain management clinics on individuals and the community. 3. The moratorium shall apply to 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 the treatment of pain by prescribing or dispensing controlled substance medications when the majority of the patients seen are prescribed or dispensed controlled substance medications for the treatment of chronic nonmalignant pain. Chronic nonmalignant pain is pain unrelated to cancer which persists: (1) beyond the usual course of the disease or the injury that is the cause of the pain; or (2) more than 90 days after surgery. 4. The moratorium shall not apply to the following: 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 form 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; 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; A practitioner or other authorized person who administers such a substance; or 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. 5. This Resolution shall be effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia and shall terminate on April 5, 2013 or the effective date of a duly adopted ordinance or regulations addressing pain management clinics, whichever is earlier. Page 3 of 3 RESOLVED, the public’s health, safety, and welfare demanding it, this the 5th day of November, 2012. _____________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (SEAL) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 12-10-232 A RESOLUTION IMPOSING A LIMITED AND TEMPORARY MORATORIUM UPON ISSUANCE OF BUSINESS LICENSES TO NEW PAIN MANAGEMENT CLINICS WITHIN THE CITY OF MILTON WHEREAS, on May 2, 2011, the City of Milton adopted a resolution imposing a moratorium on the issuance of business licenses to pain management clinics ("original moratorium") until April 30, 2012 in order to provide the City of Milton an opportunity to develop ordinances and/or regulations that address the secondary effects of pain management clinics on individuals and the community, and to study the potential effects of pending Georgia legislation intended to regulate pain clinics; WHEREAS, on February 22, 2012, the City of Milton extended the original moratorium until August 8, 2012; WHEREAS, the State of Georgia has enacted O.C.G.A. § 16-13-57 through 16-13-65 to establish a state-wide electronic database for certain controlled substances and the Mayor and City Council have reviewed the same; WHEREAS, the City of Milton has reviewed the state-wide electronic database for certain controlled substances, and determined that said database will not be operational until well past the expiration of the original moratorium; WHEREAS, the City of Milton desires to re -impose the original moratorium to allow for the possible creation of a statewide database for controlled substances and provide the City of Milton an opportunity to develop ordinances and/or regulations that address the secondary effects of pain management clinics on individuals and the community; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA, AS FOLLOWS: 1. There is hereby adopted a moratorium on issuance of business licenses to pain management clinics within the City of Milton which shall run through December 7, 2012 with the intention of providing the State of Georgia an opportunity to create a statewide database for controlled substances that would impact the City's ability to regulate pain management clinics and providing the City of Milton an opportunity to develop ordinances and/or regulations that address the secondary effects of pain management clinics on individuals and the community. Page 1 of 3 2. The moratorium shall apply to 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 the treatment of pain by prescribing or dispensing controlled substance medications when the majority of the patients seen are prescribed or dispensed controlled substance medications for the treatment of chronic nonmalignant pain. Chronic nonmalignant pain is pain unrelated to cancer which persists: (1) beyond the usual course of the disease or the injury that is the cause of the pain; or (2) more than 90 days after surgery. 3. The moratorium shall not apply to the following: 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 form 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; 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; A practitioner or other authorized person who administers such a substance; or 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. 4 This Resolution shall be effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia and shall terminate on December 7, 2012 or the effective date of a duly adopted ordinance or regulations addressing pain management clinics, whichever is earlier. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Page 2 of 3 I RESOLVED, the public's health, safety, and welfare demanding it, this the I" day of October, 2012. Attest: Sudie AM Gordon, City Cl rk Page 3 of 3 r(Y- Joe Lockwood, Mayor 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: October 19, 2012 Council Meeting Date: November 5, 2012 Regular Council Meeting Agenda Item: Consideration of a Memorandum of Understanding between the City of Milton and the City of Alpharetta for Parks and Recreation Programs and Services. Discussion: The City has worked in a collaborative manner with officials of the City of Alpharetta to create a partnership that permits the citizens of both cities to use all parks and recreation assets with no additional out of city fee payment to either municipality. This plan implements the concept of “parks without borders” and will benefit City of Milton residents immediately and City of Alpharetta residents as we bring on line more Parks facilities and Recreation programs. Staff is recommending approval of the memorandum of understanding creating this partnership with the City of Alpharetta. Legal Review: Paul Higbee, Jarrard & Davis (October 16, 2012) Concurrent Review: Chris Lagerbloom, City Manager Financial: Funding for this project is available in the capital budget under Park and Trail Expansion Attachments: 1. Memorandum of Understanding Page 1 of 5 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ALPHARETTA AND THE CITY OF MILTON THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into by and between the City of Alpharetta ("Alpharetta"), a municipal corporation of the State of Georgia, and the City of Milton ("Milton"). WHEREAS, the Cities of Alpharetta and Milton are adjoining communities in North Fulton County; and WHEREAS, each City maintains and staffs respective departments within each City for the purpose of providing recreation and parks services; and WHEREAS, the Cities have determined that it is to their best interest and mutual advantage to share certain programs and facilities; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties agree as follows: 1. GENERAL PURPOSE OF MOU. The purpose of this MOU is to take an initial step to foster a long-term mutually beneficial relationship between Alpharetta and Milton as it relates to parks and recreation programs and services as a way to better serve the Cities' respective citizens, offer a wider variety of recreational services, and grow the relationship between the Cities such that similar opportunities can be developed over time. 2. GENERAL RESPONSIBILITIES OF PARTIES. (a) For the first year of this MOU, Milton shall pay Alpharetta a lump sum payment of $325,000.00, payable not later than thirty (30) days from the effective date of this MOU. (b) In exchange for this annual payment to Alpharetta, Milton residents shall be allowed to register for all Alpharetta recreation programs and affiliated youth athletic association programs, and rent facilities and shall pay the same fees as Alpharetta residents, provided space is available. Page 2 of 5 (c) Milton shall waive non-resident fees for Alpharetta residents who participate in Milton recreation programs. (d) Residents of each City shall have first priority to register for their City's recreation programs (at least two (2) weeks before open registration). Residents of the other City shall have second priority to register for programs (at least one (1) week before open registration). The open registration period for non-Alpharetta and non-Milton residents shall begin after the priority registration ends. The only exception to this Rule is for non-City residents that are currently registered in a program (or were registered during the most recent session for that program). Such residents shall be permitted to register in the 1st priority period. This exception is limited to the individual only (no family members) and for the specific program only. (e) City residents who participate in Alpharetta/Milton recreation programs shall be considered residents of that City for the purpose of travel/select teams with residency requirements and parents will meet affiliated youth athletic association board member requirements. (f) Annually (and no later than the first day of October of each year), Alpharetta and Milton officials (to include the Mayors and City Manager/Administrator, or their designees), shall evaluate the effectiveness of the MOU in meeting established goals. Officials shall evaluate participation in recreation programs as well as the economic impact of the MOU to determine if the annual payment from Milton to Alpharetta and the other terms are fair and just for both parties. The parties shall exercise their best efforts to resolve any issues. However, if the parties cannot agree, the MOU shall terminate at the end of the current program year. Each program year shall run from December 1st through November 30th of the following year. (g) Both parties shall have the ability to terminate the MOU without cause with six (6) months prior written notice to the other party. The termination shall be effective at the end of the current program year. 3. ADMINISTRATION. (a) The parties place high value on regular, timely and full communications between themselves, and commit themselves to Page 3 of 5 ensuring strong communication links through their actions. (b) Each party will designate a single point of contact to coordinate all activities between the parties involved. (c) Communication between the two parties at the highest level (Mayors, any Administrator/City Manager) will take place if judged necessary by the respective Recreation & Parks Directors of each City. (d) More specific delineations of roles, responsibilities, resources and commitments concerning particular matters may be addressed in written guidelines approved by the Alpharetta Recreation & Parks Director and the Milton Recreation & Parks Director, if such guidelines are consistent with the general purposes of this MOU. (e) Unless otherwise provided for herein, this MOU does not impose specific program, resource or budgetary obligations on either party. 4. OTHER PROVISIONS. (a) Indemnity. Each City shall indemnify, defend, and hold the other City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney’s fees, arising out of the acts, errors, or omissions of the indemnifying City, its officers, officials, employees, agents, and volunteers in the performance of its obligations under this MOU, except to the extent the injuries were caused by the indemnified City, to the extent, if any, allowed by law. (b) Insurance. Each City shall be responsible for obtaining and maintaining its own liability and property insurance against losses or liability related to this MOU. (c) No Third Party Beneficiaries. There are no third party beneficiaries to this MOU. No person or entity other than a party to this MOU shall have any rights hereunder or any authority to enforce its provisions. Nothing in this MOU shall be deemed to waive either party's sovereign or other immunity. (d) Duration – Termination. The initial term of the MOU shall be for a period of one year. This MOU shall take effect and be in full force on December 1, 2012. It is anticipated that this MOU may be renewed annually based upon the annual Page 4 of 5 evaluations and agreement by the parties provided for in Section 2(f) of the MOU, or otherwise terminated pursuant to Section 2(g) of this MOU. (e) Relationship Between the Parties. In consideration of the mutual services provided herein, both parties agree that nothing contained herein is intended to be or should be construed in any manner as creating or establishing the relationship of partners or joint venturers between the parties hereto or as constituting an agency relationship in any manner whatsoever. The individual parties are and shall remain independent entities with respect to all services performed under this MOU. Each party represents that it has, or will secure all its expense, all personnel required in performing its service obligation under this MOU and that the acts of its employees performing the service under this MOU shall be the acts of employees of that entity alone. Each entity agrees that in the performance of this mutual service, its employees shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the other entity to this MOU, including, but not limited to, medical and hospital care, sick and vacation leave, disability, Worker’s Compensation or Unemployment Compensation. (f) Severability. In the event any part or provision of this MOU is held to be invalid, the remainder of this MOU shall not be affected thereby and shall continue in full force and effect. (g) Applicable Law. This MOU shall be governed in all respects as to the validity, construction, capacity, performance, or otherwise by the laws of the State of Georgia. Page 5 of 5 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year written below. CITY OF ALPHARETTA, GEORGIA Date:__________________ By:_________________________________ David Belle Isle, Mayor APPROVED AS TO FORM: ___________________________ C. Sam Thomas, P.C. City Attorney for the City of Alpharetta, Georgia CITY OF MILTON, GEORGIA Date:__________________ By:_________________________________ Joe Lockwood, Mayor APPROVED AS TO FORM: ___________________________ Ken Jarrard City Attorney for the City of Milton, Georgia 1204597 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: October 12, 2012 Council Meeting Date: November 5, 2012 Regular Council Meeting Agenda Item: Consideration of a Resolution Adopting the Parks & Recreation Master Plan Discussion: The City has worked in a collaborative manner with citizens and industry professionals to create a Master Plan for Parks and Recreation. This plan incorporates the identified and projected needs of the City, the proposed Birmingham Park Master Plan and the City of Milton Trails Plan. Staff is recommending approval of the resolution establishing a Parks and Recreation Master Plan. Legal Review: None Concurrent Review: Chris Lagerbloom, City Manager Financial: Funding for this project is available in the capital budget under Professional Fees/ Parks & Rec 15 Year Comp Plan. Attachments: 1. Master Plan Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE CITY OF MILTON PARKS AND RECREATION MASTER PLAN AS A REFERENCE DOCUMENT BE IT RESOLVED by the City Council and the Mayor of the City of Milton, GA while in a Regular Meeting on November 5, 2012 at 6:00 p.m. as follows: WHEREAS, the City of Milton 2030 Comprehensive Plan identified the need for a Parks and Recreation Master Plan; and WHEREAS, in November 2011, the City approved the funding to create a Master Plan for Parks and Recreation in the City of Milton; and WHEREAS, the Consultant, Moreland Altobelli Associates, Inc. has worked with the citizens of Milton and the City staff in a collaborative manner; and WHEREAS, the public interest will be served by the adoption of this Master Plan as a reference document. NOW THEREFORE BE IT RESOLVED, that the City Council and the Mayor of the City of Milton does hereby adopt; 1. The City of Milton Comprehensive Parks and Recreation Master Plan for use as a reference document to project the current and future needs and desires of the community. This plan also identifies key opportunities for development of park land and partnerships that will contribute to the quality of life for all citizens of the City of Milton. Page 2 of 2 RESOLVED this 5th day of November 2012. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk (Seal) Comprehensive Parks and Recreation Master Plan Submitted To: City of Milton, GA October 2012 Executive Summary Moreland Altobelli Associates,Inc. OCTOBER 2012 2 City of Milton - Comprehensive Parks and Recreation Master Plan Executive Summary The City of Milton envisioned the need for an effective Master Planning effort to guide future development and implementation of a Comprehensive Parks and Recreation Master Plan, the Birmingham Park Master Plan and Milton Trails Update. To assist with this goal, the City selected Moreland Altobelli and Associates including sub consultant, Gjertson Design to prepare community-driven plans that provide recommendations to implement parks, recreation, and facilities programming. This is accomplished through a detailed resource inventory and analysis, study of land use regulations and the development of accurate level of service standards. This Master Plan identifies the recreational needs of the citizens of the City of Milton and it recommends strategies for meeting those needs. The City of Milton Parks and Recreation Department Parks and Recreation Advisory Board working together with community leaders and general public, prepared this document as a three-pronged effort including: 1) a city-wide parks and recreation Master Plan; 2) a Master Plan for the largest park in the City of Milton, Birmingham Park; and 3) an update of the Milton Trail Plan prepared in 2007. The over arching master planning document (the Comprehensive Parks and Recreation Master Plan) and the Birmingham Park Master Plan and Milton Trails Update are the focus of this panning effort. This unified approach will serve as the planning tool for making parks, open space, facility and recreational program decisions for the City of Milton over the next twenty years. the location benefits to employment centers in the Atlanta Metro region. As the population continues to increase, most of the urban growth is anticipated to be focused in the Crabapple area in the southwest region of Milton and the Deerfield area located in the southeast region of Milton. In addition, North Fulton County has experienced exponential growth during the past twenty years which has slowed due to the current recessionary cycle but is expected to continue once the economic conditions improve. Growth brings new land use issues, expectations and demands for the expansion and protection of park lands and open spaces. Currently the city enjoys a unique image as an equestrian community and retains a distinct rural character. Although horse culture is a dominant theme, there is an acute need for active and passive recreation other than equestrian. Planning initiatives, including the “City of Milton 2030 Comprehensive Plan”, “Crabapple Overlay Zoning District Form Based Code Project”, “Ga 9 Livable Centers Initiative” and engagement of local citizens through an active public involvement program have helped establish the foundation for the City to preserve its natural and pastoral character. The City of Milton’s official vision statement is, “Milton is a distinctive community embracing small-town life and heritage while preserving and enhancing our rural character.” The Comprehensive Parks and Recreation Master Plan The Master Plan identifies the actions that are needed to implement to satisfy the expectations of the community, including guidance for improving programs and services, creating a financially responsible organization, making land acquisitions and protecting open spaces, improving and establishing new facilities and instituting continuous improvement processes. This framework will provide the City with the ability to review community input and proactively make the necessary changes that will help create an attractive and livable city. The City of Milton was incorporated from north Fulton County in 2006. It is bounded by the cities of Roswell and Alpharetta to the south, Forsyth County on the east and Cherokee County on the north and west. Former communities within Milton’s city limits include Birmingham, Field’s Cross Roads, Crabapple, and Arnold Mill. The City of Milton was officially incorporated under the authority granted by an election referendum held on July 18, 2006, and Milton’s city government began operating on November 14th of that same year. The population of the City of Milton in 2010 was 32,600 according to the Census Bureau and according to the City of Milton Comprehensive Plan, the population is estimated to reach 43,000 by year 2030. The new city government has enabled the Milton community to preserve its rural character while enjoying Moreland Altobelli Associates,Inc. OCTOBER 2012 3 City of Milton - Comprehensive Parks and Recreation Master Plan that includes the Birmingham Park Master Plan and Milton Trails Update, endeavors to adhere to the goals and aspirations of the city through accurate analysis of accepted national and state standards for recreation levels of service, careful review and integration of previous studies including the City of Milton Parks and Recreation Needs Assessment Results and through the public involvement process performed as part of this Master Plan. As the City of Milton develops, new issues, expectations and demands for the expansion and protection of park lands and open spaces with accompanying park programming options will emerge. The anticipation of these changes has led to the initiation of this Master Plan that includes thorough research and creative design in the hope that the community’s recreational needs are met, and that Milton will continue to find itself among the best communities in the country. The City desires to preserve its high quality of life and the open space, parks and recreation system is an integral part of establishing and sustaining high livability standards while highlighting an image and character that is unique to the City of Milton. To this end, parks and recreation facilities and programs can affect the City by their ability to: • Support the singular image of the City of Milton as a unique place to live, work and play with an exceptional quality of life; • Provide social benefits by connecting people within the community; • Provide economic benefits by improving the quality of life in the community and helping to attract businesses and residents to developing urban centers; • Provide protection of the environment by establishing greenways, natural areas, and open spaces managed by the city; • Provide benefits to individuals in the community by promoting physical fitness and self-improvement; and • Increase connectivity within the City through dedicated pedestrian, equestrian and bicycle tails. The process used to shape this Master Plan includes the following tasks: • Evaluating current services and operations of the Parks and Recreation Department; • Evaluating current services and future needs for parks, recreation services, recreation facilities and programs, open space and trails based on accepted standards; • Creating equity access maps to visualize and determine gaps in services; • Developing recommendations for the city-wide parks and recreation Master Plan, the Birmingham Park Master Plan, and an implementation plan for the Milton Trails Plan. Planning Process Context The first step in preparing the Master Plan is to analyze contextual data including: an inventory of existing park and recreation conditions, natural and cultural resources, demographics and growth trends, existing land use patterns and transportation systems related to trails and park access. In addition, the existing parks and recreation administrative and financial context is examined including capital improvements, operations and maintenance and revenue resources. Recent studies and plans also provide valuable data and include the following documents: • “City of Milton Comprehensive Plan” (City of Milton 6/2011) • “City of Milton Strategic Plan 2012 to 2015 (City of Milton June 2011) • “City of Milton Visioning Study & Crabapple Overlay Zoning District Form Based Code Project ” (Lew Oliver/TSW/Planning and Implementation Strategies 3/2011) • “Highway 9 Design Guidelines” (Urban Collage/JB+a 12/2010) • “City of Milton Parks & Recreation Needs Assessment” (Schapiro 5/2010) • “City of Milton Parks & Recreation Assessment Plan” (EDAW 10/2009) • “City of Milton Parks & Recreation Pattern Book” (EDAW 10/2009) • “The Milton Trail Plan” ( Georgia Institute of Technology 5/2007) On-going studies at the time of the writing of this document include: • “Crabapple Overlay Zoning District Form Based Code Project” (TSW/ Planning and Implementation Strategies; to be completed 6/2012) • “Ga. 9 Livable Centers Initiative” (Urban Collage; to be completed June 2012) Moreland Altobelli Associates,Inc. OCTOBER 2012 4 City of Milton - Comprehensive Parks and Recreation Master Plan Park Types, Level of Service Standards and Facility Needs Park Types, Level of Service Standards and Facility Needs are developed after analyzing the existing conditions in the study area. The City of Milton should set high standards for their park and recreation system including securing and protecting open spaces and providing active and passive park facilities. The project team established future requirements for the City of Milton for park and recreation facilities and programs into year 2030 utilizing three metrics: • Public Involvement Program • “City of Milton Parks & Recreation Needs Assessment” (Schapiro 5/2010) • National Recreation and Park Association (NRPA) Standards and Guidelines The Public Involvement Program included Focus Group meetings and two sets of public meetings. Three sets of meetings were scheduled: 1. Focus Group Workshop Series (November 17 and November 22, 2011) 2. Interactive Charrette Workshop #1 – MCPMP & Trail Update (November 29 and November 30, 2011) Day 1 – City of Milton Comprehensive Park Master Plan Day 2 – Trail Update 3. Workshop #2 – Interactive Charrette Workshop #2 - Birmingham Park (December 14 and December 15, 2011) Day 1 – Programming Day 2 – Conceptual Design The “City of Milton Parks & Recreation Needs Assessment” was provided for the City of Milton by The Schapiro Group and was completed in May 2010. This comprehensive needs assessment was used to determine public opinion on parks and recreation issues. Surveys were sent out to citizens via mail and returned to the city for analysis. Every effort was made by the consultants to ensure demographic representativeness of the needs assessment. No further opinion surveys were deemed necessary for this Master Plan document. The mailings were representative of each demographic stratum for the City of Milton and are therefore representative of the park and recreation needs. National Recreation and Park Association (NRPA) Standards and Guidelines include Level of Service Standards (LOS) standards for park and recreation facilities based on factors such as geographic location, demographics and other factors. Many communities have adopted standards based on NRPA guidelines. At the heart of the NRPA standards are the park and recreation standards widely adopted by cities across the country. The NRPA, professional organization serving park planners, managers and researchers, first issued standards in 1934 which are essentially in use today. Early standards for park and recreation facilities reflected “what seemed to be right” rather than systematic research. As the result of NRPA study and analysis, the NRPA “yellow book” – “Recreation, Parks and Open Space Standards and Guidelines has been the principal source for determining accurate facility and programming needs for communities of all types and sizes. The project team has long employed LOS to assess the need for park and recreation facilities. The Master Plan The City of Milton Comprehensive Master Plan section includes the following elements: • City of Milton Programming and Facility Recommendations • City of Milton Facility Mapping • Land Acquisition Strategy This section also includes the following Goals and Objectives: A. General Goal: Ensure City of Milton Park and Recreation Legacy for Future Generations Objectives: • Develop fully programmed, fully operational and well-maintained parks, facilities and programs that meet both current and future park and recreation needs; • Keep the public and local leaders informed about the value, benefits, conditions and needs of the City of Milton park system; • Coordinate the planning, management, development and funding of parks, natural resources, trails and recreation needs and concerns with other City of Milton departments and city, county, and regional planning efforts; and • Engage residents to become stewards of City of Milton’s park and recreation system to help preserve the legacy for future generations. B. Park Land and Facilities Goal: Design, Build and Maintain Excellent Parks and Recreation Facilities Objectives: • Develop a park system that adequately serves the citizens’ current and future needs in an efficient and affordable manner; • Develop a set of park design standards that preserve the quality of the park and recreation system for future generations; • Develop each park, natural area and open space to respect the unique attributes of each site and its neighbors and according to its role in the overall park and recreation system; • Develop park and recreation facilities that are accessible and available to all residents. Meet and, where possible, exceed the requirements for the Americans with Disabilities Act (ADA); • Use environmentally friendly, sustainable methods to build and care for parks, natural resources and recreational facilities; and • Protect City of Milton parks, natural resources and facilities by developing a set of low maintenance design standards for the park system. Goal: Preserve, Protect and Restore Milton’s Natural Resources Objectives: • Identify environmentally sensitive areas and conservation sites for future acquisition and preservation; • Preserve open space and natural areas for the protection of habitat and biological diversity, to provide recreational opportunities to enhance Milton’s image and community identity and buffer the impacts of urban development; and • Protect, expand and restore interconnected ecosystems and wildlife corridors. Goal: Develop Parks and Recreation Facilities and Programs that Promote “Community in the City”. Objectives: • Build public plazas and “green connections” in neighborhoods and along main streets; • Provide unique public spaces that give Milton a special and attractive identity that reinforces the existing character of the city; • Develop a beautification strategy to visually tie the city together with design continuity, beauty and character; • Partner with other public agencies, schools and private organizations to maximize parks and recreation opportunities, facilities and programs; and • Provide a wide diversity of arts, culture, historical and civic amenities in the system. Goal: Provide a Master Plan for Birmingham Park that reflects the facility needs for the residents of the City of Milton Objectives: • Adopt NRPA LOS standards in determining programmed facilities for Birmingham Park; Moreland Altobelli Associates,Inc. OCTOBER 2012 5 City of Milton - Comprehensive Parks and Recreation Master Plan • Provide a balance of active and passive recreation activities supported by the Parks and Recreation Needs Assessment and public involvement process; • Provide a Master Plan with the following elements; best design practices and guidelines, advocates for green buildings and open space and includes an analysis of life cycle costing and implementation; and • Includes an Implementation Plan for Sustainability. Goal: Provide an update of the Trails Master Plan that builds on the Trails Master Plan produced by Georgia Institute of Technology in 2005 Objectives: • Integrates pertinent elements of the on-going “City of Milton Visioning Study & Crabapple Overlay Zoning District Form Based Code project in the Crabapple community and the Ga 9 Livable Centers Initiative in the Deerfield community; • Has an implementation program that can be phased within a workable time frame; • Provides reasonable opportunities for area residents to walk or bicycle to the office, store or local business or connect with public transportation; and • Provide a Master Plan with the following elements; best design practices and guidelines, advocates for green buildings and open space and includes an analysis of life cycle costing and implementation. C. Land Use and Policy Planning Goal: Provide Appropriate Set of Land Management Regulations to Accomplish the Long Range Needs of the Park System Objectives: • Develop a long range strategic plan for the city that enables the city to plan and develop specific future park sites and greenways within the context of a well-orchestrated land development scenario; • Provide draft language for the Land Development Regulations that requires the set-aside and dedication of land in new developments to be used for parks, trails and open space; • Support the standards in the City of Milton 2030 Comprehensive Plan that assures adequate and appropriate parks, recreation and open space system; and • Support regulations that require that require new development to provide pedestrian and bicycle access into and through new developments. D. Administration and Management Goal: Provide adequate park maintenance and management Objectives: • Establish appropriate maintenance standards to upgrade and enhance the level of maintenance for parks and recreation areas; • Implement a parks and recreation improvement program, including redevelopment of existing areas, and maintenance, improvement and renovation of all public areas and facilities; and • Maintain, secure and manage existing and future parks and open space in a manner that encourages appropriate use. Goal: Encourage and Promote a Variety of Recreational Opportunities including Cultural Activities, Community Activities and Special Events to Enhance Recreation and Educational Opportunities for Residents Objectives: • Provide public recreation facilities and programs that promote cultural activities such as interpretive historic signage and trails; • Develop recreation programs and facilities based on the changing needs of the city residents with respect to socio-demographic characteristics of the population including age, income, family and household composition; and • Coordinate programs with other jurisdictions to provide comprehensive and efficient programming. Goal: Strive to Provide Funding to Maintain or Exceed the Minimum Level of Service Standards and Create a Sustainable Economic Base for Parks and Recreation Objectives: • Seek monies from a wide variety of funding sources including grants and joint public public-private partnerships; • Explore various funding sources including general bond issues, recreation user fees, utility fee transfers and recreation park tax districts; and Moreland Altobelli Associates,Inc. OCTOBER 2012 6 City of Milton - Comprehensive Parks and Recreation Master Plan • Devise a funding system whereby future development pays its own way for the necessary parks and recreation facilities. What is the Parks System Like Today? The City of Milton’s existing parks consists of three significant facilities; Birmingham Park, which is largely undeveloped; Bell Memorial Park, an active recreation park; and Providence Park, which is passive in nature and is currently undergoing environmental evaluation. There are also numerous private small neighborhood parks and a limited number of small- acreage neighborhood parks one of which is currently under construction. Birmingham Park is the largest of the three major parks at 205 acres. Bell Memorial Park is a 14 acre park active-use park with baseball fields, pavilions, parking, and a playground. Providence Park is a 45 acre passive park with a vacant park center building, amphitheater and pavilion. Other facilities include grills, picnic tables, and overnight camp sites. The park also provides the City of Milton and its surrounding areas with one of the few natural environments to participate in outdoor rock climbing. The current system offers a variety of recreational opportunities, although the recreation programming is inadequate to serve all the needs of Milton. Developed parks and accessible natural areas are somewhat unevenly distributed throughout the City. Neighborhood parks are fairly well distributed but are moistly located in private developments. Additional small-acreage neighborhood parks are advocated in the City of Milton’s 2030 Comprehensive Plan and there is a strong desire to implement that aspect of the plan. The park and open space system today reflects two distinct historical legacies; parks and programs developed by Fulton County and the City of Alpharetta, and privately planned, market-driven patterns of development resulting in scattered private park sites. As an example, North Park, is located completely within the City of Milton boundary is an enclave property owned and operated by the City of Alpharetta. Large-scale master planned communities and low density large acreage single family residential properties further add to the problem of connectivity of the parks system. Master Plan Organization The City of Milton Comprehensive Park and Recreation Plan document is organized according to the following outline: Chapter 1 – Executive Summary Chapter 2 – Introduction Chapter 3 – Context Chapter 4 – Park Types, Level of Service Standards and Facility Needs Chapter 5 – The Master Plan Chapter 6 – Cost Opinion Chapter 7 – Implementation Strategies Appendices Conclusion The City of Milton park and recreation system, including its park lands, facilities and recreation programs is striving to meet the needs of the city’s growing population. Citizen input obtained as part of the Master Plan process focuses on need for the prudent development of Birmingham Park, additional athletic fields, renovation of existing parks, additional neighborhood parks, an implementable trails system, preservation of open space and integration of current plans and policies. Other important needs include special use facilities for families and an expansion of community centers. The Master Plan defines a new set of guidelines related to the number of parks required to meet current and future needs of the growing population. In addition, this plan addresses future planning, programming, development, management, maintenance, marketing and funding. This plan also outlines a land use acquisition program related to land use policies. Implementation of the plan’s recommendations will ensure that the parks, recreation, and open space within the City of Milton will meet the demands of the citizens while becoming one of the best park systems in Metro Atlanta. CURRENT FACILITIES INVENTORY Facilities Current Inventory (2012) Number Acreage Regional Park 0 - Urban Park 0 - Community Park 2 55.76 Neighborhood Parks 0 - Community Centers 1 0.78 Family Entertainment Centers 0 - CURRENT PROGRAMMING INVENTORY Activity Current Inventory Public Quasi-Public *Privately Held Baseball 200’4 1 0 Baseball 300’0 2 0 Softball Adult 0 8 0 Softball Youth 0 0 0 Football/Soccer/Lacrosse 0 3 0 Basketball 0 5 0 Multi-purpose Court 0 3 3 Tennis 0 8 0 Playground (Structured)1 2 0 Picnic Shelter/Pavillion 0 0 0 Golf Course 0 0 3 Skate Park 0 0 0 Dog Park/Off-Leash Area 0 0 0 Multi-Use Trails On-road Bike lanes 0 Off-road Paved Multi-Use Trail 0 Unpaved Hiking/Biking/ Equestrian Greenways & Open Space Conservation Open Space Preservation Open space * Includes North Park in Alpharetta, public and private schools & churches in Milton Moreland Altobelli Associates,Inc. OCTOBER 2012 7 City of Milton - Comprehensive Parks and Recreation Master Plan CURRENT & FUTURE FACILITY NEEDS (ACREAGE) Additional Acreage Needed Year 2012 Year 2020 Year 2030 Proposed Milton LOS Standards (by acreage) 32,600 37,800 43,000 Total Additional Acreage Needed 5 acres/ 1000 163 acres 26 acres 26 acres 215 acres 1 acre/ 1000 32 acres 5 acres 6 acres 51 acres 5 acres/ 1000 108 acres 16 acres 30 acres 154 acres 1 acre/ 1000 32 acres 5 acres 6 acres 51 acres 1 center/ 10,000 residents 2 centers 0 1 center 3 centers --- CURRENT & FUTURE FACILITY NEEDS (TOTAL NUMBER) Facilities Current Inventory (2012)Standards Milton Baseline Requirement by population* Year 2012 Year 2020 Year 2030 Number Acreage Population Served (NRPA) Service Area Land to Population Served (per 1000 residents) Optimal Size Proposed Milton LOS Standards (by facilities) 32,600 37,800 43,000 Total Additional Facilities Needed (2030) City of Milton Regional Park 0 -Variable Several communities 5-10 acres 200+ acres 1 park 1 0 0 1 Urban Park 0 -Variable Citywide Variable Variable 1 park per 25,000 residents 1 0 1 2 Community Park 2 55.76 1 park per 10,000- 20,000 residents 1-2 miles 5-8 acres 25+ acres 1 park per 13,000 residents 0 1 1 2 Neighborhood Parks 0 -1 park per 2,500-5,000 1/4 to 1/2 mile 1-2 acres 5-15 acres 1 park per 4,000 residents 8 1 2 11 Community Centers 1 0.78 1 center per 10,000- 20,000 residents 1-2 miles 1-2 acres 1 acre 1 center per 10,000 residents 2 0 1 3 Family Entertainment Centers 0 -Market Driven 1 1 1 3 Current and Future Facility Needs Moreland Altobelli Associates,Inc. OCTOBER 2012 8 City of Milton - Comprehensive Parks and Recreation Master Plan City of Milton - Parks Master Plan Parks Facility Mapping Legend Comprehensive Parks and Recreation Master Plan Submitted To: City of Milton, GA October 2012 01. Summary Introduction Resource Inventory and Analysis Conclusion 02. Context Regional Context Demographic Context Map Natural Resources Existing Land Use Linkages to other Plans 03. Level of Service Standards, Park Types, & Facility Needs Existing Parks Inventory Parkland Level of Service Standards Overview Public Involvement Program City of Milton Needs Assessment Results (Schapiro Group –May 2010) National Recreation and Parks Association (NRPA) Level of Park and Recreation Facility Requirements & Recommended Standard by Park Type Description of the System 04. The Master Plan Overview Goals and Objectives Parks Facility Mapping Birmingham Park Master Plan Bell Memorial Expansion Plan Milton Trail Plan Update 05. Cost Opinion Capital Improvements- Milton Parks Probable Cost Opinion Expansion and Improvement of Bell Memorial Birmingham Park Development Staffing 06. Implementation Strategies Implementation Program Partnerships Financing Appendices Appendix A- Public Involvement Results Appendix B- Photo Inventory CITY OF MILTON Parks Master Plan Table of Contents PAGE NO.PAGE NO.CONTENT CONTENT 1 2 3 5 7 8 10 18 25 29 29 30 31 31 33 37 40 43 45 50 51 57 58 59 60 62 63 63 Summary 01 Comprehensive Parks and Recreation Master PlanCITY OF MILTON Moreland Altobelli Associates,Inc. OCTOBER 2012 1 City of Milton - Comprehensive Parks and Recreation Master Plan Summary The City of Milton has been charged with a unique task: provide a parks and recreation Master Plan for their community. The City of Milton, City staff ,and the consultant team working together with community leaders and the general public prepared this Comprehensive Parks and Recreation Master Plan to serve as the strategic planning tool for making parks, open space, facility and program decisions over the next twenty years. The Master Plan identifies the actions that the City will be required to implement in satisfying the expectations of the community. It includes recommendations that give guidance for improving programs, creating a financially responsible organization, identifying potential land acquisitions, protecting natural open space, integrating existing and on-going City of Milton planning efforts, improving and establishing new facilities and instituting continuous parks and recreation improvement processes. The City of Milton is experiencing unprecedented growth. With this development come new issues, expectations and demands for expansion and protection of the unique rural and equestrian character of the city. The anticipation of these changes has led to the research and design of this Master Plan in the hopes that every one of these demands are met, and that the City of Milton will find itself among the best communities in the Atlanta metro region. The City of Milton is growing and becoming more diverse in its economic development. In Milton, parks and recreation services will become an integral part of establishing an sustaining a higher quality of life while supporting an image and character that is unique to the City of Milton. To this end, parks and recreation services can affect the city by their ability to: • Provide social benefits within the community regardless of income, background and ability; • Provide economic benefits by improving the quality of life in the community and helping to attract businesses and residents to the city; • Provide protection of the environment by establishing greenways, natural areas and open spaces managed by the city; and • Provide health benefits too individuals and the community by promoting physical fitness and self-improvement. City of Milton - Parks Master Plan Study Area Moreland Altobelli Associates,Inc. OCTOBER 2012 2 City of Milton - Comprehensive Parks and Recreation Master Plan The process used to shape this Master Plan included the following tasks: • Evaluating current services and operations of the Parks and Recreation Department and parks-related services provided by other City of Milton departments; • Evaluating current and future needs for parks, recreation services, recreation facilities, open spaces, and trails; • Creating equity matrices and mapping of park facilities to visualize and determine gaps in services; and • Developing recommendations and implementation plan for the future that will provide the greatest benefits to the residents. The Master Plan approach emphasizes connectivity utilizing existing transportation systems and multi-use trails and trails to connect park facilities to urban centers, residential enclaves and commercial nodes. Each park project is a journey that speaks of the challenges to overcome, the opportunities harnessed and the collaborations achieved. The result is dynamic park and recreation Master Planning process and that embraces the needs and desires of the community resulting in “outdoor living spaces” incorporating both function and emotion. The Master Plan includes parks and recreation facilities spanning every scale, setting and nature of park and recreation project. This Master Plan includes three elements as outlined below. • Milton Comprehensive Parks and Recreation Master Plan • Birmingham Park Master Plan • Milton Trail Plan Update This Master Plan document was the result of actively engaging local citizens who were encouraged to take part in the design process. This included delving into analysis of existing park conditions, refining park programming, and developing sustainable preliminary engineering design. The goal of this document is to create sustainable solutions for the City of Milton parks and recreation system. City of Milton staff was an integral part of the design process as advisors and helped to achieve common goals described in this document. In a quest for the innovative concepts and ideas were combined together and carried forward into a City of Milton Comprehensive Park and Recreation Master Plan. Milton Comprehensive Parks and Recreation Master Plan The City of Milton Comprehensive Parks and Recreation Master Plan has three notable qualities; First and foremost, create a parks environment which responds to and compliments the surrounding context and character of the City by conceiving a visibly recognizable unique and special theme that relates and binds the different programmatic elements. Secondly, create recreational space that becomes an educational tool which incorporates and identifies the active recreational needs by applying nationally recognized Level of Service standards. Also, to celebrate historical resources of each park and its natural processes through sustainable design, construction practices including resource management, storm water management, maintenance and social capital and waste reduction strategies. Thirdly, through a creative and imaginative design process, the Master Plan will ensure the creation of a multi-seasonal park setting that will foster the imaginative and explorative spirit within the user. Over and above these three notable attributes, the master planning process will provide for recreation, enjoyment and social interaction for users of all age groups and different cultural backgrounds. As described previously, integration of the park with future surrounding development and the existing land uses around the each park site will be critical to ensure that they becomes an amenity that serves the surrounding community. Connectivity to the existing and proposed bike and recreational trails in the City of Milton will be fundamental in establishing the Milton park system as an extension of the regional open space and recreational system of Fulton County; thereby embracing the overall vision for the region. The following park projects will be included in the Milton Comprehensive Parks and Recreation Master Plan: • Bell Memorial Park • Birmingham Park • Providence Park • Bethwell Community Center • Crabapple Community Center • Pocket Park at the corner of Webb Road & Deerfield Parkway Birmingham Park Master Plan The Project Team used the Birmingham Park Master Plan produced in 2005 as a starting point for the revised Master Plan. The existing Birmingham Park was presented in the public involvement process to gauge its relevance. After careful consideration and an imaginative conceptual design process, the “new” plan specifically services the residents of the City of Milton. The departure point was in discovering the unique needs of the Milton community for the newly created Birmingham Park Master Plan. Accepted level of service standards were applied to the City of Milton demographic strata as part of the design process. Programming for Birmingham Park is blended with the Milton Comprehensive Parks and Recreation Master Plan and Milton Trail Plan. We view all these elements as inextricably interrelated. Milton Trail Plan Update The purpose of the Milton Trail Update is to develop a Master Plan that provides the City of Milton with the physical infrastructure and policy framework to make bicycling, walking, and other modes of non-motorized transportation, safe and convenient for people of all ages. Whether one’s purpose is functional, such as commuting to/from work, or recreational in nature, bicycling and walking are both very effective means of reducing pollution, encouraging socialization and promoting healthy lifestyles. Each of these results of non-motorized transportation is essential to the high quality-of-life not only in Milton, but connecting to Fulton County recreational facilities and the region as a whole. The Milton Trail Update will illustrate recommendations for new bicycle/pedestrian facilities, provide an educational program designed to inform the public of new facilities and lastly to promote their use and funding strategies to ensure implementation of the Master Plan. The Master Plan will refine the existing plan including a system of sidewalks, bike lanes, paths, sidewalks, greenways and trails within the City. The system should provide integrated and continuous corridors for non- motorized transportation that enhances both wildlife habitat and recreation opportunities throughout the City in a manner that is sensitive to the needs of various user groups, the natural and built environment, facilities management and maintenance, and the potential funding capabilities for the proposed projects. The Master Plan will also evaluate alternative locations and design criteria that will result in a well-balanced and integrated pedestrian and bicycle connectivity system. The system includes improved and unimproved facilities for bicyclists, pedestrians, in-line skating, equestrians, and other users. Resource Inventory and Analysis The estimated population of Milton in 2010 was 32,600 and will approach 43,000 by the year 2030. Most of the growth will occur in the Crabapple Community located in the southwest portion of Milton and the Deerfield area located in the southeast and adjacent to the GA 400 corridor. The City is comprised of 38.2 square miles most of which is relatively low density single family housing and small horse farms. The park system is greatly deficient in parks and recreation facilities for active and passive use. The City’s greatest needs are: • Active recreation facilities most notably youth baseball and soccer; • Multi-use indoor recreation space for all age groups; • Outdoor event space for large gatherings; • Multi-use trails system which is urgent due to development pressure; • Urban greenways and trails; • Acquisition of park space for active recreation; • Renovations to existing parks; and • Completion of Birmingham Park Moreland Altobelli Associates,Inc. OCTOBER 2012 3 City of Milton - Comprehensive Parks and Recreation Master Plan Programs for all ages are needed. The level of service of maintenance needs to be improved including increased manpower. Public Involvement Process The consultant team and City staff conducted a series of public involvement meetings including a Focus Group Meeting Series held November 17, 2011 and November 22, 2011, Public Workshop/Charrette held November 29 and November 30, 2011, Public Workshop/Charrette held December 14 and 15, 2011, and City Council Workshop held January 18, 2012. In addition, the consultant team met with various special interest groups as required. The agendas for each meeting and meeting notes are included in the Appendix of this Master Plan. The Milton Parks and Recreation Master Plan Committee was formed to provide a liaison between the consultant team and the City staff and provided input on Milton stakeholder groups. Stakeholder Meetings were held November 17, 2011 and November 22, 2011 with the following groups: • Parks and Recreation Advisory Board (PRAB); • Hopewell Youth Association (HYA); • Finance; • Public Safety; • Public Works; • Milton School Principals; • Milton Grows Green (MGG), Crabapple; • Crabapple Community Association (CCA); • Milton Disabilities Awareness Committee (MDAC); • Horse Council; • Milton Business Alliance (MBA); and • City of Milton Planning Commission Several workshop/charrette meetings were held to get input from the public on issues related to parks and recreation. Workshop #1 covered the Comprehensive Parks and Recreation Master Plan on evening one. Evening two was reserved for a discussion of the Milton Trails Update. Both evenings provided invaluable information on the wants and needs for parks and recreation facilities in the City. Workshop #2 was solely devoted to Birmingham Park. This workshop was structured to include conceptual ”bubble” diagrams of the park and an analysis of programming needs. Workshop #1 – November 29th & 30th Interactive Charrette Workshop – MCPMP & Trail Update Day 1 – City of Milton Comprehensive Park Master Plan Day 2 – Trail Update Workshop #2 – December 14th & 15th Interactive Charrette Workshop - Birmingham Park Day 1 – Programming Day 2 – Conceptual Design Level of Service Park Standards Level of Service Standards for parks facilities and programs was developed to provide an accurate guide for park development needs. Criteria included adaptation of National Recreation and Parks Association (NRPA) national standards, information gathered in the City of Milton Parks and Recreation Needs Assessment completed in May 2010 and the public involvement program facilitated during the production of this Master Plan. Standards were developed that determine the type and number of park facilities and programming needs. These standards will be used to determine current deficiencies in the existing park system and future needs based on the population and demographic information for the City of Milton. Master Plan The City of Milton Comprehensive Parks and Recreation Master Plan includes two major sub-components; Birmingham Park Master Plan and Milton Trail Update. The Master Plan includes a phasing plan for physical improvements to the park system. Programming deficiencies are outlined for the near term and as the park system develops, newly developed City of Milton facilities will fill gaps now filled by shared use facilities such as schools and churches, neighboring communities’ parks facilities and private development. The first phase describes new improvements that are needed in order to meet the recommended level of service standards for the existing population. This plan requires significant improvements and expansion of Bell Memorial Park, implementation of the Birmingham Park Master Plan and a measured approach to trails construction that includes capitalizing on capital improvements already underway or in the planning stage. The following phases are designed to accommodate the expected population growth for the year 2030. This plan anticipates growth of the City based on projects provided in the City of Milton 2030 comprehensive Plan. This plan anticipates park needs to for an expected population of 43,000. Implementation Plan The Implementation Plan is the most important aspect of the Master Planning process. It proposes a set of set of strategies for the City of Milton to put in place in order to realize the various elements of the plan. The Implementation Plan is divided into three sections: 1. Park Land and Facilities Development, 2. Land Use Policy, and 3. Management and Administration. The Park Land and Facilities Development section is essentially a capital improvements plan. As such, it includes the projected costs of the needed improvements as well as a funding strategy to pay for the desired improvements. The second section, Land Use Policy, includes an analysis of existing initiatives currently underway that have a parks and recreation component. These include but are not limited to the Crabapple Form- Based Code and Milton Highway 9 Livable Centers Initiative Master Plan. This plan also includes proposals for adjustments to and changes to current land use plans and regulations. These proposed changes would assist the City in funding new facilities that will be needed as the population grows. The third section of the Implementation Plan proposes adjustments to the departmental structure, operations organization and the financial planning of the Milton Parks and Recreation Department’s services delivery system. Conclusion The City of Milton’s parks and recreation system, including park lands, facilities and recreational programs is striving to meet the needs of the City’s growing population. Citizen input obtained as part of the Master Plan focuses on the need for additional neighborhood parks, updating the trails system, master planning for Birmingham Park, preservation of open space, additional athletic fields, an indoor multi-purpose center and expansion and enhancement of Bell Memorial Park and Providence Park. Other important needs include special use facilities such as a dog park, additional community centers and a plan for sharing facilities within the City limits. This Master Plan defines a new set of guidelines related to the number of parks required to meet the current and future needs of the growing population. Guidelines are defined for recreation facilities. In addition, this plan addresses future planning, programming, development, management, maintenance and funding. This plan also outlines a land acquisition program related future facility needs and location factors. Implementation of the plan’s recommendations will ensure that the parks, recreation and open space within Milton will meet the needs and demands of the citizens while becoming one of the best park systems in Fulton County and the region. Context 02 Comprehensive Parks and Recreation Master PlanCITY OF MILTON Moreland Altobelli Associates,Inc. OCTOBER 2012 5 City of Milton - Comprehensive Parks and Recreation Master Plan Context Northern Georgia, including Fulton County, was originally part of the Cherokee Indian Nation. Native American Cherokee Indians and European settlers lived in peace together until the State of Georgia appropriated the Cherokee’s land in 1830 and then arbitrarily carved the land into counties and distributed parcels to bidders during the 1832 land lottery. The remaining Cherokee Indians were removed to what is now Oklahoma. Milton County was created in 1857 from parts of Cobb, Cherokee, DeKalb, Gwinnett, and Forsyth Counties and was named after Georgia’s first secretary of state, John Milton. The depression created hard times for Milton County and in 1932; Milton County was merged with Fulton County through an act of the state legislature to save it from bankruptcy. The result of the merger between the two counties was lower taxes, improvement in the public school system, and a revitalized economy as Georgia progressed through World War II and into the affluent second half of the 20th century. In January of 2005, State Representative Jan Jones introduced a bill to incorporate the city of Milton. And, in the July of 2006, voters went to the polls and voted to incorporate and become the new City of Milton. Throughout time, parks and open spaces have provided a unifying community structure and aesthetic identity to our urban environments as well as providing recreational opportunities. While it is difficult to place a precise value on our parks and open space systems, it is clear to all that they provide a variety of benefits that contribute to the “livability” of our cities such as: • Accommodate recreational activities; • Attract recreation enthusiasts; • Increase property values; • Provide public access to natural recreation areas and significant sites; • Provide and enhance animal and plant habitats; • Conserve, preserve, and protect historic character; • Contribute to the city’s identity and marketability; • Enhance aesthetic quality; and • Contribute to clean air and water City of Milton - Parks Master Plan Regional Context Map Moreland Altobelli Associates,Inc. OCTOBER 2012 6 City of Milton - Comprehensive Parks and Recreation Master Plan Parks and recreation opportunities contribute to the health of residents, provide a variety of recreational and educational activities for all ages, and preserve and enhance the quality and integrity of the natural environment. Parks and recreational opportunities are also significant in attracting new residents to the community and businesses and thus contribute to economic development. When a community has a comprehensive and interrelated system of parks and recreation opportunities that responds to the needs and values of local residents, the residents support their local government, become involved in their community activities, and reap the benefits of a “quality of life” community. The City of Milton was part of north Fulton County prior to 2006 and local citizens utilized the Fulton County parks system which is designed as a regional system. Until recently, small local parks and community parks were completely absent. There are two long established parks, Bell Memorial Park and Providence Park. However, neither is well suited to serve the needs of the entire City. Milton also has 202 acres of undeveloped park property located in the northwest portion of the City referred to as Birmingham Park. Bell Memorial Park is the only active recreation park and Providence Park is a passive park and due to environmental limitations cannot be adapted to active recreation activities. The City of Milton is known throughout the state as an equestrian community and is proud of the high quality of their rural environment. Great effort has been made to preserve the quality of this agrarian cultural mystique despite development pressures from the Atlanta metro region. Current planning efforts are underway to accommodate the influx of new residents by focusing new development in existing urban centers through a variety of innovative land planning measures. The Deerfield and Crabapple areas are generally the repositories for new residents and each has its own unique qualities. Crabapple is known for an appropriateness of scale and benefits from a “New Urbanism” approach to development. It serves as the “main street” for Milton and the focus for community events and activities. It is praised for the quality of shops and restaurants and the quality of the public spaces and pedestrian-oriented urban amenities. This “desirability” factor has put pressure on the City as evidenced by residential communities that have been recently built directly outside the Crabapple area or within proximity. The Crabapple community is now being planned for increased densities in an effort to preserve the rural character of Milton while maintaining a quality environment through Form-Based Code implementation and appropriate Design Guidelines. The Deerfield area is primarily a commercial and employment center and is located within easy access to the GA 400 corridor. It features intensive commercial development, office complexes and high density residential. Plans are currently underway to institute design guidelines for commercial corridors and enhancements to other public spaces. City of Milton - Parks Master Plan Aerial Map Moreland Altobelli Associates,Inc. OCTOBER 2012 7 City of Milton - Comprehensive Parks and Recreation Master Plan DEMOGRAPHIC CONTEXT City of Milton - Parks Master Plan Population Distribution (Block) Map Moreland Altobelli Associates,Inc. OCTOBER 2012 8 City of Milton - Comprehensive Parks and Recreation Master Plan NATURAL RESOURCES The City of Milton is endowed with many locally significant historic resources as well as environmentally sensitive areas, including lakes, streams, floodplains, and wetlands. The Comprehensive Plan for Milton discusses the subject of natural and cultural resources to great detail with emphasis on the issues and opportunities along with policies and strategies for the preservation, protection and conservation of these resources. The City of Milton is largely comprised of gently rolling terrain with a few scattered areas of steeper slopes. It is drained by the Little River in the northwest, Chicken Creek in the north and central sections of the city, and Copper Sandy Creek in the south. Despite the presence of narrow 100-year flood plains along the major streams and the Little River, Milton is mostly well-suited for both walking and bicycling. A summary of issues related to natural and cultural resources include: the disappearance of rural scenery, tree canopy and specimen trees which deviates from the community’s aesthetics, threatens environmentally sensitive areas, and exacerbates heat-island effects experienced throughout the metropolitan area. Evidence of environmental pollution and contaminated properties further compromise public health and welfare and warrant mitigation. A lack of active/passive recreation programs and recreational areas for the community exists. And finally, the lack of necessary regulations to adequately protect our historic resources was identified as a key factor for their loss or deterioration. Therefore, apart from the natural resources protected by state and local legislation, citizens have identified preservation of tree canopy and wildlife habitat as important priorities that contribute to the rural character and rural lifestyle that are central to the community identity. Despite the issues and concerns, there exists a definite window of opportunities to effectively address the preservation, protection and conservation of these natural and cultural resources. Some of the opportunities listed in the Comprehensive Plan for Milton include- • Development of Birmingham Park according to a master plan with sensitivity to the vision of Milton’s citizen expectations, would provide active/passive recreational and green space amenities for the city. • Development of Providence Park could create opportunities for active and passive recreation for citizens of all ages, lifestyles, and abilities. • Giving priority to the protection of environmentally sensitive areas with further compliance with state and federal environmental regulations and avoid detrimental actions to our natural ecosystem and costly fines and/ or penalties for lack of compliance. • The development of pocket parks in areas that are already established would enhance the community’s green space and provide recreational opportunities for its citizens. • Develop policy that would mitigate the loss of tree canopy and specimen trees. City of Milton - Parks Master Plan Environmental Resources Map Moreland Altobelli Associates,Inc. OCTOBER 2012 9 City of Milton - Comprehensive Parks and Recreation Master Plan City of Milton - Parks Master Plan Rural Viewshed Scenic Buffer Map Moreland Altobelli Associates,Inc. OCTOBER 2012 10 City of Milton - Comprehensive Parks and Recreation Master Plan EXISTING LAND USE The development pattern in Milton is most dense in the south-eastern section of the city, where it is traversed by the Highway 9 corridor while the central and northern portions of the city which make up large tracts of land are relatively less developed thereby giving Milton a predominantly rural character. Of the 12,000 parcels in the city totalling about 30,000 acres, about 6,400 parcels are larger than 1 acre, and these parcels include 27,600 acres or 93% of the area of the City. There are 580 parcels over 10 acres in size, representing 45% of the City area. The major state roads in the City are Arnold Mill Road in the far southwest, Route 9 in the southeast, and Birmingham Highway in the west and mostly oriented in a north/south direction. Major east/west roads are lacking in the City as are interstate highways barring GA 400 which runs along the City edge in the far southeast. The nearest medium-sized cities are Alpharetta to the southeast and south and Roswell further to the south. City of Milton - Parks Master Plan Existing Land Use (according to Property Appraiser’s GIS Land Use Codes) Moreland Altobelli Associates,Inc. OCTOBER 2012 11 City of Milton - Comprehensive Parks and Recreation Master Plan City of Milton - Parks Master Plan Existing Land Use City of Milton - Parks Master Plan Existing Land Use Moreland Altobelli Associates,Inc. OCTOBER 2012 12 City of Milton - Comprehensive Parks and Recreation Master Plan City of Milton - Parks Master Plan Undeveloped Lands Map VACANT LANDS MAP Moreland Altobelli Associates,Inc. OCTOBER 2012 13 City of Milton - Comprehensive Parks and Recreation Master Plan City of Milton - Parks Master Plan Proposed Future Land Use Map PROPOSED LAND USE Moreland Altobelli Associates,Inc. OCTOBER 2012 14 City of Milton - Comprehensive Parks and Recreation Master Plan City of Milton - Parks Master Plan Assessed Property Values Map PROPERTY VALUES Moreland Altobelli Associates,Inc. OCTOBER 2012 15 City of Milton - Comprehensive Parks and Recreation Master Plan City of Milton - Parks Master Plan Trails System Map TRAILS SYSTEM Moreland Altobelli Associates,Inc. OCTOBER 2012 16 City of Milton - Comprehensive Parks and Recreation Master Plan City of Milton - Parks Master Plan Walkable Accessibility Map wALkABILITY ANALYSIS Moreland Altobelli Associates,Inc. OCTOBER 2012 17 City of Milton - Comprehensive Parks and Recreation Master Plan City of Milton - Parks Master Plan Public Ownership Map PUBLIC OwNED LANDS Moreland Altobelli Associates,Inc. OCTOBER 2012 18 City of Milton - Comprehensive Parks and Recreation Master Plan LINkAGES TO OTHER PLANS City of Milton Strategic Plan – 2012 to 2015 (June 2011) A Strategic Plan for the City of Milton was developed by a planning team to create a strategic roadmap for 2012-2015 through a Strategic Management Process. Key Stakeholders for the 2012 – 2015 Strategic Plan include families (including youth), the business community and the equestrian community. The Strategic Plan further identifies Innovation, Quality, Integrity, Transparency, Respect, Fiscal Responsibility, and Professional Development as the core values that the City of Milton Council, Administration and Staff will strive to live by, incorporate into their decision making and keep in the forefront in the way they treat their stakeholders. The core strategies outlined and defined in the plan include- • Build Relationships; • Promote the Equestrian Lifestyle; • Protect and Preserve Open Space; • Provide Responsible and Responsive Government; and • Structure Economic Growth The plan also lists action items towards each of these strategies. Listed here are some of the items that have a strong bearing on the parks and recreation facilities for the City of Milton- • Promote and Retain the Equestrian Culture and Community. • Include equestrian uses in the city-wide trail plan. • Establish infrastructure requirements and development standards that are equestrian-friendly. Open Space Protection • Begin a “Greenspace Fund” for purchase of greenspace properties. * • Study the implementation of Conservation Subdivision Regulations. * • Define a Rural Protection Area. * Open Space Preservation • Create an Open Space Preservation Plan. * • Develop a Transfer of Development Rights Policy. * Engage in Proactive Planning • Review and update existing ordinances. • Study Best Practices of other organizations. • Avoid density in rural areas and encourage development in areas identified by the Comprehensive Plan. * • Build upon the positive attributes of the different areas of Milton. * • Continue to evaluate City facilities. • Develop and implement a Parks and Recreation Comprehensive Master Plan. • Update and begin implementation of city-wide trail plan. • Develop programs, activities, and events based on the 2010 Parks and Recreation Needs Assessment. * These are directly adopted from the Comprehensive Plan for the City of Milton. And finally, the Strategic Plan lists the amount of protected “Green space” acreage as a key measure of success. This plan draws on an analysis of critical current and future issues for the City of Milton as well as an assessment of the current sources of funding available. City of Milton Comprehensive Plan – 2011 (June 2011) The City of Milton initiated the preparation of the City’s first Comprehensive Plan in 2007. The Comprehensive Plan is intended to serve as a policy guide for future needs, limitations and opportunities facing the community and is one of the most important goals for Milton. The mission of Milton’s Comprehensive Plan is to: • Provide an assessment of existing conditions; • Identify future needs; • Consider how the anticipated growth and changes will affect the health, safety, and welfare of present and future residents, workers, and visitors; and • Advance the mission statement and values of the community through consistent policies and procedures. In addition, the Comprehensive Plan is meant to advance the coordination of land use, transportation and service delivery. It also addresses the provision of infrastructure, supports sustainable economic development, protects natural and cultural resources, and aims to provide adequate housing for the entire community. Community Issues The Comprehensive Plan also identified community issues which include- • The disappearance of rural scenery threatens the character of the community and detracts from the community vision. • Loss of tree canopy and specimen trees detracts from community aesthetics, threatens environmentally sensitive areas, and exacerbates heat- island effects experienced throughout the metropolitan area. • The effects of environmental pollution and contaminated properties compromise public health and welfare and should be mitigated. • There is a lack of active/passive recreation programs and recreational areas for the community. Community Agenda A Community survey was undertaken to provide a guide to the development of the Community Agenda component of the Comprehensive Plan. Some of the key findings with regard to the parks and recreation agenda are- • Respondents identified that providing incentives for the preservation of open space, natural areas, and environmental resources was regarded as a means of preserving community character. • Respondents also identified that any additional tax revenue should be spent on improvements for transportation, parks and recreation, and greenways and trail systems. Open Space Preservation Objective Under the ‘Open Space Preservation Objective’, the Comprehensive plan mandates that new development should be designed to minimize the amount of land consumed, and open space should be set aside from development for use as public parks or as greenbelts/ wildlife corridors. Developing and implementing Master Plans for Birmingham Park, Providence Park and Bell Memorial Park to ensure that multiple needs of multiple users are met (i.e. children, youth, adults, the elderly, individuals with disabilities, etc.) with a sensitivity towards the unique characteristics of the area in which the park is being developed and the land itself is touted as a key strategy for this objective. City of Milton (Crabapple Community) Visioning Study (May 2010) The Crabapple Community is an early settlement located in the heart of North Fulton County, Georgia. Recent times have brought about changes to the Community, sometimes called the Crossroad. Lew Oliver, Inc., Roswell based town planners, were commissioned by the Mayor and City Council to study the Crabapple Community, review procedures and plans, and to make recommendations to repair and “complete” the vision for the hamlet. Extensive visual surveys, a series of 9 stakeholder meetings, and 3 public presentations with questions, answers, and written comments were held as background for new recommendations and plans. Key recommendations that are an outcome of the study with regard to parks and greenway trails from this document include- Moreland Altobelli Associates,Inc. OCTOBER 2012 19 City of Milton - Comprehensive Parks and Recreation Master Plan • Crabapple lacks public space in the form of ceremonial town greens or recreational parks. • Access to existing woodlands is either privatized or is compromised with retention structures. • The previously designed recreational park between the Elementary School and the High School, the addition of a “Village Green”, the addition of a pond and meadow park, and the enhancement of the pond located in the SW quadrant would provide needed public green spaces. • The Village Green would either be one sided, or would straddle Crabapple Road, depending on the availability of real estate. Located at the Crossroad, it presently consists of a fuel station and the Alpharetta Municipal Court Building front yard. Either or both parcels would be optimal for a town center, located at the psychological center of Milton. Milton City Hall could clearly occupy a strategic corner, in the tradition of North Georgia towns such as Dahlonega or Madison. • The pond and meadow site, located on Mayfield Road is presently privately owned and is suitable for residential development. Ironically land on the upper side of the same parcel is not served by sewer connections and therefore cannot be built on. This land if transferred to the roadside, where combined with the pond, would make a highly aesthetic rural preservation area suitable for passive recreation and fishing. The new neighborhood could be built with a suitable traffic buffer while enjoying close proximity to the school systems. • The pond located on Danesfeld Drive in the Southwest quadrant is shared by many including outsiders to the neighborhood. It should be obtained, groomed, and maintained as a City Park. • Greenways (Green Streets in the town fabric, otherwise known as Multi- modal paths) connect parks to the greater Milton system, and to future tie-ins to Alpharetta, Roswell, Cherokee County, and Forsyth County. With density being transferred out of rural zones, there is the opportunity to form land trusts for the preservation of permanent open spaces for passive uses and equestrian activities. The Greenway system would form links to such zones, especially along tributary zones. • Roundabouts complete the park system as ceremonial entrances to the Crossroad and places for public art. Highway 9 Design Guidelines (December 2010) Highway 9 corridor and its contiguous parcels are the commercial and transportation core of the City of Milton where there is a mixture of commercial, office, residential, and institutional uses to serve the community. The corridor is the major employment center and provides services to both commuters and local residents. Given its significance, the move to develop design Guidelines for Highway 9 was initiated by the Mayor of Milton and the City Council in 2009 to give this part of the City a more recognizable and cohesive appearance in the wake of current and future redevelopment. Additionally, the purpose of the Design Guidelines is to achieve and maintain a unified, pleasing aesthetic quality in site planning, architectural styles, landscaping, hardscapes, signage, lighting, and amenities in keeping with Milton’s equestrian atmosphere and small, rural town vision. Property owners are encouraged to follow these guidelines implementing the overall streetscape program including sidewalks, located on their respective properties. The planning concepts outlined for Highway 9 cover the following aspects- • Access • Building Placement • Landscape Buffers • Parking/Pavement • Open Space and Site Amenities • Service Areas • Stormwater Management Facilities Design guidelines are formulated specifically to address the following aspects- • Streetscape Character Areas • Commercial Areas and non-Commercial Areas • Secondary Streets -Commercial and non-Commercial • Bicycle Amenities • Street Furniture • Lighting • Fencing • Street Trees • Landscape Material • Signage • Architecture • Amenities These guiding principles emphasize several factors that shape one’s impression of the City, including- • Consistent development themes that readily identify Milton from its surroundings. • Pleasing architecture and design that invite visitation. • Ease of access and proximity of multi-use facilities that promote pedestrian traffic. In addition, these Design Guidelines assist in reinforcing and interpreting the State Route 9 Overlay District but do not change any of the existing or future land uses for property within the City’s Comprehensive Land Use Plan including the State Route 9 Overlay District. PAST STUDIES AND PLANS City of Milton Parks and Recreation Assessment Plan (October 2009) The Parks and Recreation Assessment Plan for the City of Milton was developed by EDAW following a ‘Request for Proposal’ released In December, 2008 by the City of Milton to review the existing conditions and conduct an inventory of, and potential for, site improvements for the park facilities in the city, and to develop a comprehensive and detailed set of recommendations. The Plan provides the base for determining how well the City’s existing parks and recreation system is meeting current needs, and the odds of these facilities being able to meet projected future needs. The process and approach for the Assessment Plan involved a review of the existing conditions of the parks and recreation facilities in the City namely - • Crabapple and Bethwell Community Buildings • Bell Memorial Park • Providence Park and • Birmingham Park As an extension of this review, a well illustrated set of design standards was also prepared in order for the City to employ the same look and theme for design of its parks and recreation facilities as far into the future as is reasonable. Apart from a general set of recommendations for all parks and recreation facilities for the City of Milton, specific recommendations were also made after assessing the existing conditions as well as reviewing relevant past studies for these four main parks and recreation facilities. It also involved the review of the many existing studies mainly- • City of Milton Comprehensive Plan • Fulton County’s Focus Fulton 2025 Comprehensive Plan • The Milton Trail Plan: Shared Use Trail Plan • Crabapple Crossroads Plan The Plan also had a public participatory component to it as it gathered input from the City of Milton staff, the Parks and Recreation Advisory Board, the Milton City Council, and the public through the course of five meetings. A short section was prepared outlining the recommended staffing requirements along with suggestions to meet these requirements for the City’s parks and recreation system. And finally an assessment was made about potential recreational opportunities, providers and resources that exist within Milton such as schools, semi-public organizations such as YMCA’s, private providers and Home Owners Associations (HOAs). Moreland Altobelli Associates,Inc. OCTOBER 2012 20 City of Milton - Comprehensive Parks and Recreation Master Plan City of Milton Parks and Recreation Assessment Plan – Pattern Book (October 2010) The Pattern Book is prepared by EDAW AECOM as part of the Milton Parks & Recreation Assessment. The purpose of a pattern book is to provide design guidelines for Milton’s parks so that there is a continued emphasis on the rural qualities that define the city. This document presents design standards and examples with illustrations and descriptions to serve as guidelines for the overall character, building design, and landscape elements of Milton’s parks. Design standards are outlined specifically for structures, site furnishings, signage, trails, roads, parking, bridges, landscaping and water resources. Some of the recommendations include using a combination of wood and stone since these two materials are consistent with the existing character of the area; simple landscaping; views of rolling hills; landmark elements and future patterns that reflect the city’s logo – the horse. A key feature of the pattern book is the advocacy towards sustainable approaches to be implemented in all Milton parks to enhance the natural environment. These include: • Native plantings and adapted ornamentals in order to reduce watering • Use of indigenous and “green” building materials • Increased planting beds in place of lawn to reduce maintenance • Proper shade tree placement to reduce solar gain • Pervious paving surfaces and planting medians to enhance porosity • Recycling programs to minimize waste • Constructed wetlands, rain barrels, rain chains, and rain gardens to minimize storm water runoff and erosion and to catch rain water for irrigation • Energy efficient approaches Milton Comprehensive Plan The State of Georgia has outlined Goals and Objectives that are broadly applicable to all of its communities. These include- Open Space Preservation Objective. New development should be designed to minimize the amount of land consumed, and open space should be set aside from development for use as public parks or as greenbelts/ wildlife corridors. Environmental Protection Objective. Air quality and environmentally sensitive should be protected from the negative impacts of development. Environmentally sensitive areas deserve special protection, particularly when they are important for maintaining traditional character or quality of life of the community or region. Whenever possible, the natural terrain, drainage, and vegetation of an area should be preserved. Natural and Cultural Resources – Preservation, Protection and Conservation The City of Milton contains numerous examples of locally significant historic resources as well as environmentally sensitive areas, including lakes, streams, floodplains, and wetlands. In addition to those natural resources protected by state and local legislation, citizens have identified preservation of tree canopy and wildlife habitat as important priorities. All of these elements contribute to the rural character and rural lifestyle that plays a central role in community identity. Opportunities • Development of Birmingham Park according to a master plan with sensitivity to the vision of Milton’s citizen expectations would provide active/passive recreational and greenspace amenities for the city. • Development of Providence Park could create opportunities for active and passive recreation for citizens of all ages, lifestyles, and abilities. • Giving priority to the protection of environmentally sensitive areas with further compliance with state and federal environmental regulations and avoid detrimental actions to our natural ecosystem and costly fines and/ or penalties for lack of compliance. • The development of pocket parks in areas that are already established would enhance the community’s greenspace and provide recreational opportunities for its citizens. • Develop policy that would mitigate the loss of tree canopy and specimen trees. • Explore Transfer of Development Rights as a tool to preserve open space. Policies The following policies identify the recommendations of the community and give direction to community leaders for future decision-making. They are derived from the broad issues identified in the Community Vision and Issues and Opportunities and have been refined through feedback from CPAC and community members throughout the comprehensive planning process. Consideration was also given to a variety of existing plans and small area studies adopted by the community, including The Crabapple Crossroads Plan (2003), Birmingham Crossroads Plan and Development Standards (2004), Maintaining Rural Character in Northwest Fulton County, Georgia (2001), The Milton Trails Plan (2007), The Milton Transportation Plan (2009) and the Partial Plan Update for the City of Milton, Georgia (2010). Policy: we will invest in parks and open space to enhance the quality of life for our citizens. Strategy: Develop and implement Master Plans for Birmingham Park, Providence Park and Bell Memorial Park, ensuring that multiple needs of multiple users are met (i.e. children, youth, adults, the elderly, individuals Moreland Altobelli Associates,Inc. OCTOBER 2012 21 City of Milton - Comprehensive Parks and Recreation Master Plan the Milton Parks Master Plan. Park Development: Develop and implement a comprehensive parks plan (including programming) that considers the entirety of parklands and/ or programs available; work with surrounding communities to realize any economies of scale that are feasible. Ensure park plans and development include adherence with the Milton vision and mission including the preservation of the unique rural and equestrian character of the city. “Green” standards should be employed along with protection of specimen trees, woodlands, stream buffers, steep slopes, appropriate buffering, etc. when creating plans for any of Milton’s parklands. Preservation of the parklands for perpetuity via a conservation land trust is a consideration when planning our parklands to ensure active and passive parkland availability for future generations. Development Standards Develop Landscape Design Guidelines: May include requirements for protection of existing trees, planting of trees that will create a certain amount of shade over time, establishment of landscaped strips as buffers between developments, etc. Benefits include creation of safe shaded areas for pedestrians and bicyclists, preservation and restoration of natural scenic qualities, mitigation of building and parking lot impact, and addition of aesthetic character. Promote Environmentally Sensitive Site Design: Designing parkland or a development to protect environmentally sensitive areas and prevent mass grading and clear-cutting. Development control regulations • Create micro Parks. • Create small (less than 1 acre) public spaces that may or may not be green, but will serve as gathering places and respite areas for the public. Typically these are found in commercial areas. They may also feature public art or other amenities. These are sometimes referred to as “micro- parks.” with disabilities, etc.) With a sensitivity towards the unique characteristics of the area in which the park is being developed and the land itself. Strategy: Ensure parks and parkland are developed with the city’s mission and vision statements in mind including the protection of the rural characteristics of Milton as well as “green” practices and development standards. Strategy: Identify and protect other areas that serve as parks or parklands to the City’s residents, such as pocket parks, equestrian areas, greenways, and other recreational lands. Strategy: Work with Fulton County to provide community parks, regional parks, and large active and passive recreation facilities, including consideration of barrier free access to all amenities, to serve City residents and visitors. Strategy: Encourage parks and other green spaces to be protected in perpetuity through appropriate legal mechanisms. We will seek opportunities to provide pleasant, accessible, public gathering places and parks throughout the community. Strategy: Develop community gathering spaces and pocket parks in village and neighborhood centers to serve as meeting places and destinations. Strategy: Establish appropriate requirements for new development to set-aside specific amounts of land for green space or meet acceptable alternative requirements to provide for future needs for green space. Strategy: Ensure public gathering spaces have barrier-free, ADA compliant amenities. Implementation Facilities and Services Implementation Plan • Create Pocket Parks: Small (1-3 acres) open spaces throughout a community that may be publicly owned or owned and managed by nearby residents and property owners. They provide free, open access to green space and contribute to protection of wildlife and landscape. They may feature the work of local artists, provide small-scale play equipment or simply provide a welcome resting place for pedestrians. • Create Trails and Greenway Networks: Trails and greenways positively impact individuals and improve communities by providing not only recreation and transportation opportunities, but also by influencing economic and community development. Study the feasibility of creating a Milton Greenway. • Milton Trails Plan: Update the Milton Trails Plan to be consistent with Moreland Altobelli Associates,Inc. OCTOBER 2012 22 City of Milton - Comprehensive Parks and Recreation Master Plan Committee Recommendations for Design Principles & Policies During the course of its deliberations the Committee developed a set of recommendations for trail design principles and policies. Because the overall trail system consists of several different types of trails, the Committee recommendations are grouped by type of trail: gravel road, shared use trail parallel to state roads, shared use trail parallel to City roads, general policies, and rules for trail use. Design principles for existing gravel roads to be incorporated into the trail system: • As soon as practicable, the City should utilize the City Milton logo to create trail endpoint signs with maps of the entire network and trail rules, and place markers at the ends of all gravel roads included in the core network. • Speed limits on the network’s gravel roads should be limited to a maximum of 15 miles per hour as submitted for the 2007 Radar Permit update. • Gravel roads in the network should remain unpaved as part of the trail design. Design principles for trails parallel to Georgia Department of Transportation state routes (Arnold Mill Road (SR 140), Crabapple Road (E-W SR 372), Birmingham Highway (N-S SR 372), and Cumming Highway (SR 9): • The Georgia Department of Transportation should be encouraged to adopt a new policy that would mandate state-funded construction of shared use trails when a major transportation project takes place along a state route where a trail has been designated by the local government’s officially adopted transportation plan, comprehensive plan, bicycle plan, pedestrian plan, or bicycle and pedestrian plan. • Shared use trails parallel to state routes should be designed in accordance with the Right-of-Way Ordinance definitions and following design guidelines: a. In rural areas the trails should be 12 feet wide, have an asphalt surface, and be separated from the edge of pavement by designs in accordance with the AASHTO Roadside Design Guide, latest edition. This recommended policy is applicable to Birmingham Highway outside of the Crabapple Overlay District and Arnold Mill Road. b. In urban areas the trails should be 12 feet wide, have an asphalt surface and be separated from the back of curb by a grass strip minimum of 4 feet, except where utilities conflict and the strip may be reduced to an absolute minimum of 2 feet. It is applicable to Cumming Highway (SR 9) and Arnold Mill Road SR 140. This policy is intended to supersede the SR 9 Overlay Standard. c. Due to the Atlanta Regional Commission designation of Cumming Highway (SR 9) as a regional strategic bicycle corridor, for SR 9 only an acceptable alternative to a shared use trail is a combination of standard on-road-system bicycle lane with a 6 foot wide asphalt path behind the ditch section in accordance with the AASHTO Roadside Design Guide. For urban areas in the Crabapple Overlay District, the Overlay District Standards will be maintained, including 7 feet grass strip with 6 feet of concrete sidewalk. This policy applies to Crabapple Rd (SR 372). • In other urban areas with curbs, the grass strip width between the curb and the trail should be a minimum of four feet, excepting locations were the location of utilities may require a narrower strip that can be reduced to an absolute minimum of two feet. Design principles for trails parallel to City of Milton roads designated for shared use trails: • Shared use trails parallel to City roads should be located beside roads with low and moderate levels of traffic. • As shared use trails are constructed, speed limits on the parallel roads should be limited to 35 miles per hour as submitted for the 2007 Radar Permit update. • Trails should be 8 to 12 feet in width and separated from the edge of pavement by design in accordance with the AASHTO Roadside Design Guide. • In urban areas with curbs, the grass strip width between the curb and the trail should be a minimum of four feet excepting locations were the location of utilities may require a narrower strip that can be reduced to an absolute minimum of 2 feet. • Areas of the Milton roadway network shall always meet or exceed the related Overlay Districts. However; it is recommended that the following changes be made: a. Crabapple Crossroads area: Paths that are not parallel to rights-of- way may be either gravel or asphalt. Milton Trails Master Plan (Georgia Tech) b. Birmingham Crossroads area: increase minimum grass strip width to 4 feet with a utilize exception to 2 foot absolute minimum. Concrete shall be used within the limits of the overlay district. c. NW Fulton Overlay District: increase minimum grass strip width to 4 feet with a utilize exception to 2 foot absolute minimum. • The surface of these trails should, where possible, be gravel, but constructed with a base so that asphalt can later be overlaid as necessary. Gravel sections are encouraged to have special underlayment to prevent erosion, horse rutting, and to better allow for drainage and ADA accommodations. • The trail surface may be asphalt where expedient due to drainage, topography, or other engineering considerations. The trail surface may be asphalt or concrete if necessary for compatibility with existing trails or sidewalks. • Trailheads should be located near parking facilities at the City’s parks, schools, and retail centers. Moreland Altobelli Associates,Inc. OCTOBER 2012 23 City of Milton - Comprehensive Parks and Recreation Master Plan Recommended City policies related to trails: • Milton trails should maintain the existing trees and tree canopy where feasible to produce shade for the trail. The trail may divide at times into two 4-foot wide sections to save a tree without passing directly beside the tree trunk. The City arborist should be involved in tree-related design considerations. • The City should review all development proposals in the context of the Milton trails plan. • When development takes place along a City road that has been designated as part of the Milton trails network, the developer should be required to construct a shared use path to the same design specifications that are used by the City. • Developers should be required to provide inter-parcel non-motorized connectivity when adjacent to the Milton trail and as required by the Transportation Engineer. • Pedestrians and bicyclists should be given routine accommodation in all types of development and redevelopment. • Developers should receive incentives when they integrate showers and lockers into their shared facilities. • To facilitate future bike, pedestrian, and passenger car mobility, developments with large numbers of cul-de-sacs should be discouraged and developments with greater internal and external connectivity should be encouraged. • To maintain the rural character of the City, the lighting of trails is discouraged. • The committee encourages accommodation of persons with disabilities where reasonable. • 1 Individual section of the trail system will be designated by separate colors. • 1 at each trailhead and major road/trail intersection, trail signs will be posted that are constructed of wood or a close facsimile; are designed to reinforce the rustic nature of the trail; and include the City’s horse logo, a map of the entire trail system with a table of trail mileages, and hitching posts beside the sign. • Trail directional signs will be posted at major trail branch points. These will ideally utilize existing signposts in the locale. • Where a safety barrier is required, two-board or four-board fences will separate the trail from the road. This idea is intended for use in areas to aid children crossing side streets. Where a heavier barrier is required guardrails in the style of National Park Service timber guardrails will be used. This idea is intended to be utilized by the Community Services Department using standard engineering guidelines for safety installations. • Funding should be included in the CIP plan for minor bridges where needed for stream crossings. These will include a 1 horse design weight limit. Recommended rules for trail use: • Motorized vehicles are prohibited from the trails. • Horses are permitted on gravel and asphalt sections of the trails. • Trail users are required to remove all animal waste from the trail surface. • Trail users with pets must keep their pets on leashes. Implementation of the Milton Trail Network There are multiple steps necessary for the successful implementation of this plan. • The City must incorporate an annual expenditure of approximately $200,000 into the City’s capital improvements program. This expenditure will allow the City to apply for transportation enhancement funding from the Georgia Department of Transportation. • The City should begin development of a Safe Routes to School plan. This plan is a pre-requisite for applying for Safe Routes funding, and the majority of the core network falls within the geographic areas eligible for this funding. Although these two of the most promising external funding sources, the City will also want to pursue funding from the other state and federal program listed above. • The City should incorporate the recommendations of the Milton Trail Plan into its comprehensive plan and transportation plan. As these plans are developed it is possible that some features of the Milton Trail Plan will need to be modified, but it is also essential that the City’s transportation and comprehensive plans take into account the Trail Plan. Over the shorter term, the City’s Right-of-Way (ROW) ordinance and development ordinances should be modified to take into account the policy and design recommendations listed in section IV, part C. • It would make good sense to revisit the plan by re-convening, at least once a year, the Citizens Advisory Committee. The Committee could evaluate the success of the plan’s implementation, compare actual costs of construction to projected costs, and re-establish priorities as necessary. The Committee did excellent work, and its on-going input would help ensure the successful implementation of the plan. 03 Comprehensive Parks and Recreation Master PlanCITY OF MILTON Level of Service Standards, Park Types and Facility Needs Moreland Altobelli Associates,Inc. OCTOBER 2012 25 City of Milton - Comprehensive Parks and Recreation Master Plan Existing Parks Inventory The City of Milton possesses three dedicated parks under the direct jurisdiction of the Parks and Recreation Department: • Birmingham Park (Undeveloped) • Bell Memorial Park (Active) • Providence Park (Passive) Birmingham and Providence are largely undeveloped and Bell Memorial Park is currently over-booked and in need of renovation and expansion of existing active recreation facilities. The City also has the following recreation facilities: • Crabapple Community Center 12615 Broadwell Road Located on the southern part of the City off of Broadwell Road just across from the Alpharetta Art Center, this building is currently closed as final plans for the property are under consideration. The property is part of the Crabapple Crossroads area which boasts of upcoming new residential, mixed-use, and commercial development. However, the building itself is less than 1,000 square feet in size which limits its potential for a large facility in spite of possessing a number of mature hardwoods that provide a comfortable shaded park-like setting. A new road being constructed traverses through the site and causes additional strain on the already small parcel to accommodate a higher order recreational facility. • Bethwell Community Center 2695 Hopewell Road Located on Hopewell Road, the Bethwell Community Center was recently renovated and houses City of Milton Parks and Recreation programs and activities and summer day camp. This facility is slightly larger at around 1,340 square feet although the site itself is just under an acre in size. Proposed facilities for Milton • Park at Crabapple Crossing Elementary Located on Birmingham Highway, this 1.81 acre parcel is scheduled to be developed into a small neighborhood park via an intergovernmental agreement with the Fulton County Board of Education. Design elements include a small picnic pavilion, walking path, half court basketball and a play field. • A one acre park site at the southwest corner of Deerfield Parkway and Webb Road was purchased in November 2010. A site plan has not been drafted yet. LEVEL OF SERVICE STANDARDS, PARK TYPES & FACILITY NEEDS CURRENT PROGRAMMING INVENTORY Activity Current Inventory Public Quasi-Public *Privately Held Baseball 200’4 1 0 Baseball 300’0 2 0 Softball Adult 0 8 0 Softball Youth 0 0 0 Football/Soccer/Lacrosse 0 3 0 Basketball 0 5 0 Multi-purpose Court 0 3 3 Tennis 0 8 0 Playground (Structured)1 2 0 Picnic Shelter/Pavilion 0 0 0 Golf Course 0 0 3 Skate Park 0 0 0 Dog Park/Off-Leash Area 0 0 0 * Includes North Park in Alpharetta, public and private schools & churches in Milton CURRENT FACILITIES INVENTORY Facilities Current Inventory (2012) Number Acreage Regional Park 0 - Urban Park 0 - Community Park 3 55.76 Neighborhood Parks 0 - Community Centers 1 0.78 Family Entertainment Centers 0 - Moreland Altobelli Associates,Inc. OCTOBER 2012 26 City of Milton - Comprehensive Parks and Recreation Master Plan Other providers in and around Milton In addition to Milton parks, the City makes use of several other recreation providers that exist within Milton. These include schools, semi-public organizations such as private providers, Home Owners Associations (HOAs) and the YMCA which has soccer fields leased from the Baker Trust. The facilities available from these providers primarily include golf clubs, fitness clubs, pools, tennis centers and playgrounds and most require some type of membership fee to use the facilities. Churches and schools also provide some type of recreation opportunities, ranging from facilities such as those mentioned above to events/ programmed activities that simply require an interior or exterior space. Below is a list of schools in Milton and the facilities they share with the residents of Milton. Collaborative efforts between private and public sectors is one way to bridge the gaps that have been identified in the needs assessment survey for parks and recreational facilities in Milton. Facilities such as gaming centers, exercise and fitness centers, golf courses and skating rinks could very well be provided through such collaborative efforts. Alpharetta The neighboring city of Alpharetta has traditionally provided an alternate source of recreational facilities to Milton residents. Alpharetta’s North Park in particular is a regular with Milton residents also because it is nearly almost surrounded by the City of Milton. Alpharetta has 16 youth baseball fields, 8 soft ball fields, 4 youth soccer fields, 2 football fields, and an adaptive sports complex distributed throughout the city in its many parks. In Alpharetta, it has been estimated that 600 of the 1,000 kids playing football are from Milton, and 400 of the 750 soft ball players are also from Milton. Milton residents in these programs pay 50% more than do Alpharetta residents. However, basketball programs are limited to Alpharetta residents because the programs are over-subscribed. Roswell Milton’s proximity to the city of Roswell as well allows access to some of their recreational facilities although this may be limited only to Milton citizens who live in the southern end of the city or who commute to Roswell for other reasons. These include the following private facilities; the Swim Atlanta Roswell Swim Center which has a 25 yard indoor pool with 7 lanes and a 15- foot x 20-foot indoor instructional pool and Bally Total Fitness which houses a 25 meter long indoor Pool with 5 lanes, 3 Racquetball Courts and multi -purpose rooms. Name of school Shared facility Crabapple Crossing Elementary 1 multi -use field Summit Hill Elementary School 1 multi -use field Hopewell Middle School 4 tennis courts 1 track 1 football field 2 basketball courts 1 ball field Northwestern Middle School 4 tennis courts 1 track 1 football field 3 basketball courts 1 ball field Milton High School 1 track 1 football field 1 practice football field 2 ball fields 1 rectilinear multi -use field Name of recreational facility What they offer North Park - Alpharetta Lighted tennis courts Football field with synthetic turf Multi -purpose field 8 lighted soft ball fields 2 picnic pavilions 2 playgrounds Adult Activity Center Arts Building Walking trail Union Hill Park- Alpharetta 2 outdoor roller hockey rinks (1 covered) Wills Park- Alpharetta 110 acre park 8 baseball fields 2 tee ball fields 4 picnic pavilions Wacky World Playground 2 smaller playgrounds Tennis courts 1.8 mile walking trail Disc golf course 50 acre Equestrian park Gymnasium Multi -purpose room Alpharetta City Pool 50 meter x 25 yard outdoor pool Ed Isakson/Alpharetta Family YMCA Indoor pool Outdoor recreation pool Gymnasium Climbing wall Multi -purpose rooms Dynamo Alpharetta Swim Center 25-yard indoor pools (2 nos.) Alpharetta/ Windward LA Fitness 25 Yard Indoor Pool 5 Racquetball Courts Indoor Basketball Court Fitness room The Cooler – Alpharetta Two ice skating rinks, one roller rink Lifetime Family Fitness - Alpharetta Indoor Pool Outdoor Recreational Pool Gymnasium Climbing Wall Fitness Rooms Alpharetta Country Club Undeveloped Property Below is a list of various recreational facilities in Alpharetta and what they offer to the residents of Milton City- Moreland Altobelli Associates,Inc. OCTOBER 2012 27 City of Milton - Comprehensive Parks and Recreation Master Plan Birmingham Park Bell Memorial Park Providence Outdoor Recreation Center 203 Acres 17.75 Acres 41.75 Acres Milton Milton Milton Undeveloped • 3 Youth Baseball/ Softball Fields • 2 Picnic Shelters • Concession and Restroom Building, • *Playground Pending • Park Center Building • Pavilion • Hiking Trail • Outdoor Amphitheater • Lake • Climbing Walls • High Ropes Challenges Course • Grills • Picnic Tables • Overnight Camp Sites • Repelling and Rock Climbing Areas • Pine forest wood lands Name Size in acres Location Facilities Moreland Altobelli Associates,Inc. OCTOBER 2012 28 City of Milton - Comprehensive Parks and Recreation Master Plan North Park Newtown Park Ocee Park Wills Park 52.77 Acres 36.91 Acres 110 Acres Alpharetta Alpharetta Alpharetta Alpharetta • Lighted tennis courts • Football field with synthetic turf • Multi -purpose field • 8 lighted soft ball fields • 2 picnic pavilions • 2 playgrounds • Adult Activity Center • Arts Building • Walking trail • Community Activity center and Seniors’ center • 13 Picnic Pavilions • Softball • Baseball • Football Fields • Playgrounds • Basketball Courts • 3 Soccer Fields • 6 Tennis Courts • 1 Small Lake, Recreation Center • Two Mile Multi-Use Path System • Concession Building • Restroom • 7 Lighted Baseball & Softball Fields • 3 Picnic Shelters • 1 Football Field • Pavilion • Multi-Use Field • Playground • Practice Field and track • Concession Stand • Grills and • Tables • *Restrooms Pending • 10 Youth Baseball Fields • 6 Tennis Courts • 1 Olympic Size Swimming Pool • Wading Pool • Disc Golf Course • 1.8 Mile Walking Trail • 50 acre Equestrian park • 2 tee ball fields • 4 picnic pavilions • Wacky World Playground • 2 smaller playgrounds • 1.8 mile walking trail • Gymnasium • Multi -purpose room • 4 Outdoor Rings • 2.5 Acre Event Lawn • 298 Horse Stalls • 2 Show Offices • Concession Stands • Restrooms and Bathhouse • 40 Camper Hookups Name Size in acres Location Facilities Moreland Altobelli Associates,Inc. OCTOBER 2012 29 City of Milton - Comprehensive Parks and Recreation Master Plan Parkland Level of Service Standards Overview Each community is unique. Every City has its own “personality” that differs because of demographic make-up. Due to differing geographical, cultural, social and economic and environmental characteristics, each community must select a set of standards, which best serves them for the cost of delivering those services. The parks and recreation system of a given City, needs to reflect the needs of the residents of that City by setting standards for appropriate service. The standards are an expression of the essential facilities needed to provide the level of park and recreation services required by the residents in each community. The City of Milton Level of Service Standards is established from three (3) sources each with varying weight. They are: • Public Involvement Process (11/2011 & December 2011) • City of Milton Needs Assessment Results (Schapiro 2010) • National Recreation and Parks Association (NRPA) Public Involvement Program The first factor in determining the parks and recreation level of service for the City of Milton is the public involvement program. Several public meetings were held in November and December 2011 covering the various aspects of the Master Plan including Focus Group meetings and Public Workshop Charrette meetings. Focus Group meetings were held November 17 and 22, 2011 and included the following groups: • Parks and Recreation Advisory Board (PRAB) • Hopewell Youth Association (HYA) • City of Finance Department • Public Safety • Public Works • Milton School Principals • Milton Grows Green (MGG) • Crabapple Community Association (CCA) • Milton Disabilities Awareness Committee (MDAC) • Horse Council of Milton • Milton Business Alliance (MBA) • City of Milton Planning Commission The results of the Focus Group meetings are summarized below. A predominant issue was the need for trails and active recreation facilities by all groups. There was some mention of Birmingham Park and the need to resolve the Master Plan and finalize the program to meet the needs of the City of Milton. Schools were also viewed as a resource for recreation facilities but maintenance issues were mentioned as a priority for after school activities. • Balance/reflect the city’s unique visual image with recreation needs & improvements • Define trail needs, users and destinations • Consider land acquisition needs/strategies • Look at need for lit, rectangular fields for use by several sports • Horses prefer/need separate trails, open fields and a variety of topography • Horses and vehicles don’t mix • Loop trails desirable for both horses and people; trails as a destination vs a connection • Public safety issues include access to remote trails and security • Parks include active and passive uses; as well as cultural facilities • Indoor facilities needed for sports and meetings; space for ‘free play • Plans need to consider maintenance and operations costs • Avoid duplicating programs offered by adjacent jurisdictions • Schools are a resource with limits • Leverage private funding, non profits and church facilities • Provide the ‘right program at the right price’ • Don’t discount value of prior studies • Access for all citizens • Coordinate recreation plans with other city planning activities • Don’t “over-develop”; look at future demographic trends Two Public Workshop Charrette workshops and a Workshop Presentation to the Milton City Council were provided to solicit comment and generate concepts and ideas for the Master Plan. Workshop #1 was held November 29 and 30, 2011. The first evening was dedicated to the City of Milton Comprehensive Parks and Recreation Master Plan and the second evening to the Milton Trail Update component of the Master Plan. All the work shops were well attended and sign up sheets are provided in the Appendix of this document. The meeting topics and schedule were as follows: Charrette Workshop #1 – November 29 & 30, 2011 Interactive Charrette Workshop – Milton Comprehensive Parks & Recreation Master Plan and Trail Update Day 1 – City of Milton Comprehensive Park Master Plan Day 2 – Trail Update Charrette Workshop #2 – December 14 & 15, 2011 Interactive Charrette Workshop - Birmingham Park Day 1 – Programming Day 2 – Conceptual Design Presentation Workshop – January 18, 2012 City Council Presentation Workshop Day 1- Charrette Workshop #1 was designed to solicit input on the Milton Comprehensive Parks & Recreation Master Plan. The results of Charrette Workshop #1 are summarized below. As related to the Milton Comprehensive Parks and Recreation Master Plan: Positive Aspects: • Land available in Crabapple for a pocket park and community center • Examine the “Lackey Road” site as a possible park for Milton • Horse community in Milton could bring business to Milton • Birmingham Park is a beautiful site good for equestrian trails • Event opportunities at Hopewell House • Public input for potential property acquisition • Explore use for landfill site • Add acreage to Providence Park • Add property to Bell Memorial Park • Possible park site at northeast corner of Thompson Road and Coach Road Negative Aspects: • Providence Park remains closed pending environmental clean-up • Bell Memorial has baseball only • North Park NOT owned by Milton • Risk of over-development • Community-sharing of school facilities • Many recreation uses shared with Fulton County • Lack of public accountability with few decision makers • Loss of rural character • Loss of wood lands • ONLY chance to do it right • Don’t build parks beyond City of Milton use • Need to place ranch lands into a conservation trust in perpetuity • Grant money dried up • Rush to complete plans could limit public input • Undue influence from business and financial interests on park development Moreland Altobelli Associates,Inc. OCTOBER 2012 30 City of Milton - Comprehensive Parks and Recreation Master Plan Day 2 - Charrette Workshop #2. The results of Day 2 - Charrette Workshop #1 are summarized below. As related to the Milton Trails Update: • Utilize power line easements for trails • Keep unpaved roads as dirt trails • Have an internal horse trail at Birmingham Park • Develop a “share the road” system for cyclists • Need for trail head facilities at major parks • Provide multiple trail uses at Birmingham Park • Potential acquisition for park land at Freemanville Road crossing at Chicken Creek • Possible acquisition at southeast corner of Providence Road and Bethany Road • Three areas need internal connection * Southeast corner of Alpharetta’s North Park * Southwest corner of Crabapple * Birmingham Park • Separate system for road bikers • Equestrians should be off-road • Provide external connections to Forsyth County and Alpharetta • Road bike circular connecting routes • Recognition that expanded ROW for trails will be difficult Charrette Workshop #2 was designed to solicit input on Birmingham Park. Two evenings were devoted specifically to Birmingham Park. The first evening began with a PowerPoint presentation describing the history of the park including earlier Master Plan designs provided by Fulton County before Milton was incorporated. The goal for Workshop #2 was to develop concept plans for the park design and discuss issues and concerns surrounding the Birmingham Park Master Plan. Two “bubble” diagrams were completed according the notes and discussion generated by the two break out teams during the first evening and presented during Day 2 of the workshop. Birmingham Park is discussed in greater detail in Chapter 4.0 – The Master Plan section of this document. City of Milton Needs Assessment Results (Schapiro Group – May 2010) The City of Milton Needs Assessment Results (Schapiro 2010) provides a refinement to the NRPA standards for park and recreation facilities through a survey process accomplished by direct mail. There were 2,629 responses to the survey for a response rate of 23%. It is revealing because it is responsive to the needs of the City of Milton residents. Combined with NRPA standards, the Parks and Recreation Needs Assessment gives a more detailed picture of how the Parks and Recreation Master Plan should be structured including recreation amenities, programs and funding options. The following factors were considered: • Demographics • Facilities and Programs • Funding Options • Parks and Recreation Usage Demographics break down Milton by gender, age, home ownership, and family groups. The results show that the City is a relatively young community with 44% of the families having children age 18 or younger per household. Of those children, 49% are between the ages of 6 to 15. Facilities and Programs results indicate that the City favors trails, playgrounds, picnicking and natural open spaces. Youth recreation is also favored. The following summary was taken from the Schapiro study: • Milton residents support the City providing a variety of facilities, particularly those that enhance their outdoor experience and those related to children’s activities; • Milton residents spend a good deal of time in nearby parks, and they also take advantage of membership facilities and local private facilities in the area. Few visit Bell Memorial Park. Residents with children in their household are more likely to visit each of those locations “very often”; • Residents also support a variety of programming options. The most popular are one-time citywide events, such as festivals and concerts. Programming for children also receives a great deal of support; • The least popular facilities and programs are those that involve adult activities or less prominent sports; • When residents visit parks or health/recreation facilities, they largely do so to exercise or simply to enjoy being outdoors. The other primary reasons are to take their children to play or have them participate in an athletic league. It is important to note that the desire for trails, playgrounds and athletic fields was a dominant theme in the Schapiro study. The value in this study is in establishing a level of service standard that is derived specifically from a representative cross section of Milton citizens. It further validates the NRPA standards for parks and recreation facilities and brings into better focus what types of facilities should be provided specifically for the City of Milton. Survey results: “Do you think the City of Milton should help provide PROGRAMS for the following (Top 10) items” Moreland Altobelli Associates,Inc. OCTOBER 2012 31 City of Milton - Comprehensive Parks and Recreation Master Plan National Recreation and Parks Association (NRPA) Level of Service Standards Analysis of existing parks, open space, trails, and recreation systems are often conducted in order to try and determine how the systems are serving the public. A Level of Service (LOS) has been typically defined in the parks and recreation system Master Plans as the capacity of various components and facilities that make up the system to meet the needs of the public. This often expressed in terms of the size or quantity of a given facility per unit of population. In order to help standardize parks and recreation planning, universities, agencies and parks and recreation professionals have long been looking for way to benchmark and provide “national standards” for how much acreage, how many ball fields, pools, playgrounds and other facilities are required. The National Recreation and Parks Association (NRPA) have long sought to provide guidelines for standardizing recreation facility requirements. Several research documents have been published dating back to early in the twentieth century culminating with “Recreation, Park and Open space Standards and Guidelines” by Roger Lancaster in 1983. Since that time, various publications have updated and expanded upon possible “standards”, several of which have been published by NRPA. Other factors are necessary to determine an accurate level of service, including: • Quality of the facilities • Condition of the facilities • Location factors and ease of access • Comfort especially the amenities associated with the facility For the purposes of this Master Plan, it is necessary to realize that national standards can be valuable when referenced as “norms” for capacity but not necessarily the sole target for which a community should strive. The City of Milton is unique and in an effort to have the national standards respond to the needs of the City, other documentation is required including the City of Milton Needs Assessment Results (Schapiro Group – May 2010) and the Public Involvement Strategy meetings that were performed as part of this Master Plan study. The following chart illustrates standards for City of Milton parks and recreation facilities. It is based on several studies including; “Municipal Benchmarks – Assessing Local Performance and Establishing Community Standards” (Ammons 2002), “Park, Recreation, Open Space and Greenways Guidelines” (Mertes & Hall 1996), “Recreation, Park and Open Space Standards and Guidelines” (Lancaster; 1983), National Recreation Park Association (NRPA), “Charlotte County Recreation Parks and Open Space Master Plan”, “Mount Dora Florida Parks, Recreation and Open Space Master Plan” and “City of Durango Parks, Open Space, Trails and Recreation Master Plan”. Each document and resource provides insight and analysis related to standards for park and recreation facilities. Taken together and through averaging techniques, calculations can be determined which accurately reflect park and recreation needs for Milton. The City of Milton Needs Assessment (Schapiro 2010) provides greater focus on the accepted national standards and other park and recreation master planning efforts. This study assists in setting priorities for facilities. The public involvement process also provides valuable data that has been incorporated into the following chart based on what the public wants and had expressed during the public meetings. The City of Milton inherited a park and recreation system from Fulton County after annexation in 2005. The existing park system includes one notable exception, North Park. North Park is essentially an “enclave” within the Milton city limits and remains under the ownership and management of the City of Alpharetta. The City of Milton park and recreation inventory provided a listing of all current park facilities and programs. The projected NRPA-based level of service standards, City of Milton Needs Assessment and public involvement process provide a listing of park and recreation system requirements for the next twenty years. The first step in creating a Master Plan for implementation is to provide a description of park system facilities. The present City of Milton parks system is under served, heavily utilized and somewhat scattered. As the City grows, parks will need to be enhanced and expanded to meet the programming and facility needs of the City. The Master Plan proposes to up-grade existing park facilities, utilize existing programs and facilities in neighboring communities not under jurisdiction of the City of Milton Parks FACILITY STANDARDS (NRPA) Facilities Standards Population Served (NRPA)Service Area Land to Population Served (per 1000 residents)Optimal Size Regional Park Variable Several communities 5-10 acres 200+ acres Urban Park Variable Citywide Variable Variable Community Park 1 park per 10,000-20,000 residents 1-2 miles 5-8 acres 25+ acres Neighborhood Parks 1 park per 2,500-5,000 1/4 to 1/2 mile 1-2 acres 5-15 acres Community Centers 1 center per 10,000-20,000 residents 1-2 miles 1-2 acres 1 acre Family Entertainment Centers Market Driven Park and Recreation Facility Requirements & Recommended Standard by Park Type and Recreation Department, utilize shared quasi-public facilities such as schools and churches and add new parks into under served areas through acquisition. In order to prepare these plans, it is important to first create a setoff idealized park templates. Once these park templates are developed, they can then become part of the City of Milton Park and Recreation Master Plan. Improvements to existing parks will be described in detail and future parks will be located based upon their siting criteria. Birmingham Park will become the signature park for the City despite its location in the extreme northwest section of Milton. The Milton Trail Update will provide programs and connectivity within the park system and act as a standalone recreation facility. Both Birmingham Park and the Trail Update are discussed in greater detail in Section IV – The Master Plan of this document. Development of these standard templates is a critical stage in the park planning process. The park types must be chosen to match accepted level of service standards and the desires of the citizens of Milton. An equally important criterion for the development of these standards is fiscal impact. Once a set of park standards is developed, then it is important to determine if the resulting annual cost of park capital improvements is an amount of money that the City can afford on an annual basis. The City will continue to have limited resources and priorities will be set that satisfy the needs for the parks and recreation system through creative approaches to programming and shared resources. Greater emphasis must be placed on satisfying recreation needs by developing existing park property. Land acquisition should be viewed as a long term option. The following is a description of the parks system that has been developed for the City of Milton. The park system that has been developed for the City directly reflects the results of level service analysis, City of Milton Needs Assessment (Schapiro May 2010) and the public involvement workshops held in November and December 2011. Moreland Altobelli Associates,Inc. OCTOBER 2012 32 City of Milton - Comprehensive Parks and Recreation Master Plan Facility Roswell, GA Forsyth County Cherokee County Alpharetta NRPA Standard Recreation Centers 2.5 Sq Ft per Resident 1 per 50,000 n/a 2.56 Sq. Ft. per person Community Centers na na na 1 per 20000 na Activity Buildings na na na 1 per 20000 na Senior Recreation Center na na na na All of the above (CCs, ABs, & SRCs)na na na na Gymnasiums na na na 3 per 75000 na Aquatic Facilities 1 per 50,000 na na 1 per 20000 Indoor Lane/Comnpetition Pool na na na 1 per 80000 1 per 20000 Indoor Leisure/Family Pools na na na 1 per 20000 Outdoor Lane/Competion Pool na na na 3 per 20000 Outdor Leisure/Family Pools na na na 1 per 20000 Outdoor Pools - All 1 per 50000 na 1 per 20000 1 per 20000 1 per 20000 Ballfields 1 per 20000 1 per 2600 1 per 2500 Baseball (Official)na na na 1 per 5,000 1 per 5,000 Baseball (Little League)na na na n/a 1 per 20,000 Softball na na na 1 per 5,000 1 per 5,000 Baseball/Softball Diamonds na na na na 1 per 5,000 Adult Softball Diamond with Skinned Infield na na na na 1 per 5,000 Youth Softball Diamond with Skinned Infield na na na na 1 per 5,000 Adult Baseball Diamond with Grassed Infield na na na na 1 per 5,000 Youth Baseball Diamond with Grassed Infield na na na na 1 per 5,000 Football Fields 1 per 20,000 1 per 20,000 1 per 20,000 1 per 20,000 1 per 20,000 Field Hockey 1 per 20,000 n/a na na 1 per 20,000 Rectangle Fields 1 per 15,000 1 per 20,000 na na na Soccer Fields 1 per 5000 1 per 7,000 1 per 10,000 1 per 10,000 1 per 10,000 Lacrosse na 1 per 40,000 na 1 per 20,000 1 per 10,000 Playgrounds na 1 per 10,000 1 per 4,000 1 per neighborhood Skate parks na 1 per 100,000 1 per 100,000 1 per 5,000 na Tennis Courts 1 per 2,000 1 per 2,000 1 per 2,000 1 per 2,000 1 per 2,000 Basketball Courts 1 per 5,000 n/a 1 per 5,000 1 per 5,000 1 per 5,000 Golf Courses n/a Golf Courses (18-hole)na na 1 per 50,000 1 per 50,000 1 per 50,000 Golf Course (9-hole)na na na 1 per 20,000 1 per 25,000 County Park Acreage N/A 10.5 acres per 1000 Local Space 6.25-10.5 acres per 1,000 6.25 to 10.50 acres per 1,000 6.25-10.5 acres per 1,000 6.25 to 10.50 acres per 1,000 6.25-10.5 acres per 1,000 Regional Space 15-20 acres per 1,000 na na 15-20 acres per 1,000 15-20 acres per 1,000 Mini-Park 25 to .5 acres/1,000 people .25 to .5 acres/1,000 people Neighborhood Park 1 acre per 10,000 to 20,000 1 to 2 acres per 1,000 Community Park 5 to 8 acres per 1,000 5 to 8 acres per 1,000 Regional Park n/a 5 to 10 acres per 1,000 Extracted from: City of Milton Parks and Recreation Assessment, October 2009, EDAW There were four very strong park planning recommendations that have come from this analysis: 1. Adequate active recreation facilities are severely lacking in the City of Milton most notably “rectangle fields” for soccer/lacrosse and “triangular fields” for youth baseball; 2. The trails system as described in the Milton Trail Plan (May 2007) must be developed in implementable phases to provide recreation for families and satisfy the needs of the equestrian community; 3. Birmingham Park is a valuable asset for the City and should be designed to meet the needs of active and passive recreation enthusiasts; 4. There is a strong desire to develop a neighborhood- based park system as per the City of Milton Comprehensive Plan which states, “Develop community gathering spaces and pocket parks in village and neighborhood centers to serve as meeting places and destinations”. It is important to note that citizen recommendations gathered during the public workshops supports the level of service analysis. The analysis revealed several important trends: 1. Milton residents are largely dependent on adjoining City of Alpharetta, City of Roswell and Fulton County (North Park) park facilities to meet the needs for active recreation; 2. The City has several active concurrent studies that support the Comprehensive Park and Recreation Master Plan most notably; Crabapple Vision Analysis – Crabapple Form-Based Code and Ga. 9 Livable Centers Initiative (LCI) study; 3. The City’s trail system although largely undeveloped, has many existing sections that receive heavy use suggesting a very strong desire for further implementation; 4. The City has undertaken an active role in developing neighborhood parks including the 1-acre park-site at the southwest corner of Deerfield Parkway and Webb Road and the 1.8 acre Park at Crabapple Crossing Elementary; 5. The rural image of the City of Milton is unique and must be preserved: including pastoral horse farms, environmentally sensitive open space, historic buildings, architecture, and landscape features . Moreland Altobelli Associates,Inc. OCTOBER 2012 33 City of Milton - Comprehensive Parks and Recreation Master Plan Description of the System Urban District Park Urban parks serve the entire city and are typified by excellent access to urban centers, open green space for outdoor venues and nearby shared parking for events. They provide specialized urban amenities that are associated with the art, history and culture of the cities they serve. Urban park facilities are integral to the economic and social vitality of a community. Family Entertainment Center A Family Entertainment Center (FEC) is for-profit leisure center that range from 10,000 S.F. indoor children’s play centers to 50,000 S.F. large format self-contained play centers featuring bowling, video games, laser tag rooms, miniature golf, baseball batting cages, motion ride simulators along with food and beverage operations. Community Center A community center is generally described as a place where members of a community can gather for social or cultural activities. Typically, a Community Center offers programs and classes designed for a broad range of interests, skill levels, ages and backgrounds. They may include: • Youth (Infants to 12-year-olds) – programs for cooking skills, local outings and child care instruction; • Teens –driving skill improvement, participation in after-school programs, dance, other social events and scouting activities; • Adults – programs for theater, fitness, dancing, parenting, yoga, travel, art and crafts, computer skills and other events; • Seniors – travel and tour information sharing, gatherings for Mah Jongg, bridge and board game activities, theater events and classes. Regional Park (City-wide) Birmingham Park will meet the needs of the City of Milton for a City-Wide park for the next twenty years. By definition, a city-wide park is designed to serve the recreation needs of several communities with a serviceable population of 50,000 and must be a minimum of 200 acres. Due to their large acreage, these parks provide areas and facilities that are resource- based including natural areas, campgrounds and free-play areas. There is also enough acreage to accommodate active recreation facilities including baseball/softball, soccer/lacrosse, tennis, multi-purpose courts, shelters, rest rooms and equestrian facilities. Parking is generally a combination of hard surface and pervious/grass parking. Community Park A community park offers a wide range of program and facility opportunities for individuals and families. As the name implies, a community park is designed to meet the recreation needs of the entire community. Community parks can be either resource-based or active and are usually around 50 acres. Currently, Milton has two community parks; Bell Memorial Park located at 15245 Bell Park Road and Providence Park located at 13440 Providence Park Drive. Bell Memorial serves as the city’s sole active recreation park and is need of expansion. Providence Park is a 40-acre park that will remain passive and is currently closed pending a nearly complete environmental clean-up effort. Neighborhood Park The neighborhood park is a “walk to” park, generally located along streets where people can walk or bicycle without encountering heavy vehicular traffic. It serves the population of a neighborhood in a radius of up to one- half mile and generally range between two and five acres. They provide basic recreation needs including play structures, basketball, tennis courts and areas for picnicking and relaxing. Multi-Use Trail This Master Plan includes a comprehensive update of the City of Milton trails system. There are generally two types of trails; urban trails and greenway trails. Urban trails Urban trails are typified by their location within urban centers and urban roadway corridors. Generally bicycling becomes a separate facility in these locations where it is preferable to provide on-road bicycle lanes where vehicular speeds are low. Greenway trails are generally located within existing roadway rights of way, conservation areas and within large acreage resource-based parks. CITY OF MILTON - PARKS AND RECREATION FACILITY NEEDS BY POPULATION Park Type Location Criteria Facilities Urban District Park*In an urban center with reasonable access to population centers Large Outdoor Gathering Area, Programmed Activity (Concerts & Festivals), Play Structures, Restrooms, Grassed Free Play Area Family Entertainment Center In a commercial center with excellent vehicular access major roads and population centers Video gaming, bowling, billiards, restaurant/food service, children’s play structure, classroom space, party/activity rooms for rent Community Centers Located within maximum fifteen (15) minute driving radius Recreation, cultural activities, education, health, wellness and fitness activities family life activities. Meeting rooms with A/V & basic kitchen amenities. City of Milton Park (City-Wide)On the periphery of an urban area - 30 to 60 minutes driving time Active/passive recreation incl. soccer, baseball/softball, nature/bridle paths, hard courts, picnicking, open shelters, play structures, restrooms Community Park Serves two or more neighborhoods (3 mile radius), served by arterial & collector streets Active/passive recreation incl. soccer, baseball/softball, nature and bridle paths, hard courts, picnicking, open shelters, play structures, restrooms Neighborhood Parks Recreation/social focus, informal active and reflective recreation for all ages Active recreation incl. children’s playground, hard court games and passive incl. connecting trails, seating structures & open grassed play area Multi-Use Trails System Includes rural and urban sections for casual and active recreation Urban section: min. 8’ paved cross-section, paved multi- use trail min. 10’ width and unpaved trails min. 4’ maintained width Conservation and Preservation Open Space Environmentally sensitive areas for habitat and wildlife preservation Passive open space only and suitable for hiking, equestrian and biking use. Amenities may include boardwalks, overlook structures and camping * Requires shared urban center parking Moreland Altobelli Associates,Inc. OCTOBER 2012 34 City of Milton - Comprehensive Parks and Recreation Master Plan Urban District Park Standards Population Served All residents of the City and visitors Land to population ratio As needed Service Area City of Milton Optimal Size As appropriate Facilities • Shaded seating areas • Open play area • Urban gardens • Picnic areas • Esplanade • Historic elements • People watching space • Connecting trail system • Public gathering areas • Access to shared event parking • Festival space • Fountains • Market spaces • Sculpture Facilities • Competition Sports • Fairgrounds • Equestrian Centers • Playground • Game courts • Athletic / Sports fields • Tennis courts • Open field play areas • Gardens • Pool or Aquatic Playground • Community Center • Exercise Trails • Picnic Areas • Performance Venues • Restrooms • Parking • Dog Park Regional Park Standards Population Served All residents of the City and visitors Land to population ratio As needed Service Area City of Milton Optimal Size Minimum 200 acres Community Park Standards Population Served 1 park/10,000 population Land to population ratio 4 acres/1,000 population Service Area 1 mile radius Optimal Size Minimum 30 acres Facilities • Playground • Game courts • Athletic / Sports fields • Tennis courts • Open field play areas • Gardens • Pool or Aquatic Playground • Community Center • Exercise Trails • Picnic Areas • Performance Venues • Restrooms • Parking Moreland Altobelli Associates,Inc. OCTOBER 2012 35 City of Milton - Comprehensive Parks and Recreation Master Plan Neighborhood Park Standards Population Served 1 park/2,500 population Land to population ratio 3 acres/1,000 population Service Area 1/2 mile radius Optimal Size 5 acres Facilities • Playground • Open field play area • Volleyball Court • Basketball Court • Tennis Courts • Picnic Areas • Drinking Fountains • Restrooms • Parking Family Entertainment Center Standards Population Served All residents of the City and visitors Land to population ratio As needed Service Area City of Milton Region Optimal Size 10,000 S.F. to 50,000 S.F. Facilities • Bowling • Laser Tag • Video Arcade • Baseball Batting Cages • Pool/Billiards • Motion-ride Simulators • Food Service • Miniature Golf • Sculpture 04 Comprehensive Parks and Recreation Master PlanCITY OF MILTON Master Plan Moreland Altobelli Associates,Inc. OCTOBER 2012 37 City of Milton - Comprehensive Parks and Recreation Master Plan Overview The Master Plan recommends focused targeted actions: to address deficiencies and imbalances in the present park system; to anticipate future recreation and open space needs for the City of Milton; and to build on the existing heritage of small ranches, preserved natural lands, access to the regional park system and other recreational opportunities. Achieving the Master Plan’s vision of the parks and open space system for the year 2030 will require the development of parks according the Current and Future Facility Needs chart illustrated below. By the year 2030 these requirements must be met: 1 Regional Park (City-Wide) Birmingham Park 2 Urban Parks Crabapple Village Green One Additional in the Deerfield Area 4 Community Parks Bell Memorial Park Providence Park Two Additional Sites 11 Neighborhood Parks 11 Additional Neighborhood Parks selected on an as needed basis 1-acre park-site at the southwest corner of Deerfield Parkway and Webb Road Park at Crabapple Crossing Elementary Nine Additional Parks selected on an as needed basis 2 Community Centers Bethwell Community Center Crabapple Community Center One Additional Community Centers in strategic geographic locations 3 Family Entertainment Centers Deerfield Area (market driven) Crabapple Area (market driven) One Additional site The Current and Future Facility Needs chart identifies the quantity of parks required in the City of Milton for the next twenty years. Programming needs should also be met through a combination of existing and proposed facilities and shared use with quasi-public facilities such as schools, churches and private development. The projected programming needs for the City are illustrated in the City of Milton Program Needs chart: CURRENT & FUTURE FACILITY NEEDS CHART Facilities Current Inventory (2012)Standards Milton Baseline Requirement by population* Year 2012 Year 2020 Year 2030 Number Acreage Population Served (NRPA) Service Area Land to Population Served (per 1000 residents) Optimal Size Proposed Milton LOS Standards 32,600 37,800 43,000 Total Additional Facilities Needed (2030) City of Milton Regional Park 1 -Variable Several communities 5-10 acres 200+ acres 1 park 1 0 0 1 Urban Park 0 -Variable Citywide Variable Variable 1 park per 25,000 residents 1 0 1 2 Community Park 2 55.76 1 park per 10,000- 20,000 residents 1-2 miles 5-8 acres 25+ acres 1 park per 13,000 residents 0 1 1 2 Neighborhood Parks 0 -1 park per 2,500-5,000 1/4 to 1/2 mile 1-2 acres 5-15 acres 1 park per 4,000 residents 8 1 2 11 Community Centers 2 0.78 1 center per 10,000- 20,000 residents 1-2 miles 1-2 acres 1 acre 1 center per 15,000 residents 1 1 0 3 Family Entertainment Centers 0 -Market Driven 1 1 1 3 Moreland Altobelli Associates,Inc. OCTOBER 2012 38 City of Milton - Comprehensive Parks and Recreation Master Plan ADDITIONAL ACREAGE NEEDED BASED ON PROPOSED STANDARDS Facilities Current Inventory (2012)Standards Additional Acreage Needed Year 2012 Year 2020 Year 2030 Number Acreage Population Served (NRPA)Service Area Land to Population Served (per 1000 residents) Optimal Size Proposed Milton LOS Standards 32,600 37,800 43,000 Total Additional Acreage Needed City of Milton Regional Park 1 -Variable Several com- munities 5-10 acres 200+ acres 5 acres/ 1000 163 acres 26 acres 26 acres 215 acres Urban Park 0 -Variable Citywide Variable Variable 1 acre/ 1000 32 acres 5 acres 6 acres 51 acres Community Park 2 55.76 1 park per 10,000- 20,000 residents 1-2 miles 5-8 acres 25+ acres 5 acres/ 1000 108 acres 16 acres 30 acres 154 acres Neighborhood Parks 0 -1 park per 2,500- 5,000 1/4 to 1/2 mile 1-2 acres 5-15 acres 1 acre/ 1000 32 acres 5 acres 6 acres 51 acres Community Centers 2 0.78 1 center per 10,000- 20,000 residents 1-2 miles 4-10 acres 2 acres 1 center/ 10,000 resi- dents 2 centers 0 1 center 3 centers Family Entertainment Centers 0 -Market Driven --- Moreland Altobelli Associates,Inc. OCTOBER 2012 39 City of Milton - Comprehensive Parks and Recreation Master Plan Programming needs are immediate for active recreation in the City and several strategies have been discussed. Birmingham Park, Bell Memorial Park and Providence Park will accommodate many of the critically needed active and passive recreation program requirements as identified in the public meeting process, Schapiro Needs Assessment and nationally recognized standards but other park facilities must be expanded or acquired. Birmingham Park is presently undeveloped but is currently used for passive recreation. Bell Memorial Park is the primary facility for active recreation and plans have been developed for acquiring adjacent property and building additional baseball and soccer fields. These improvements will be sufficient for the next five to ten years with the utilization of shared facilities located in the City of Milton. An acquisition program is necessary to fully meet all the recreation requirements to the year 2030. CITY OF MILTON - RECREATION PROGRAM NEEDS BY POPULATION Activity Resources/Facility Population Served Milton Baseline Requirement by population* Minimum Maximum Year 2012 Year 2020 Year 2030 32,600 37,800 43,000 User-Oriented Activities Baseball 200’Fenced Field 1 per 6,000 1 per 5,000 5 - 6 Fields 6 - 7 Fields 7 - 8 Fields Baseball 300’Fenced Field 1 per 5,000 1 per 4,000 6 - 8 Fields 7 - 9 Fields 9 - 11 Fields Softball Adult Fenced Field 1 per 6,000 1 per 5,000 5 - 6 Fields 6 - 7 Fields 7 -9 Fields Softball Youth Fenced Field 1 per 8,000 1 per 6,000 4 - 5 Fields 5 - 6 Fields 7 - 8 Fields Football/Soccer/Lacrosse Maintained level fields 1 per 8,000 1 per 6,000 5 - 6 Fields 6 - 7 Fields 7 -9 Fields Basketball Hard Surface Basketball Court 1 per 6,000 1 per 5,000 5-6 Courts 6 - 7 Courts 7 - 9 Courts Multi-purpose Court Hard Surface striped court 1 per 4,000 1 per 3,000 8 -11 Courts 9 - 12 Courts 13 - 15 Courts Tennis Fenced and lighted 1 per 3,000 1 per 2,000 11 - 16 Courts 12 - 19 Courts 14 - 22 Courts Playground (Structured)ADA Approved Structure 1 per 2,000 1 per 1,500 16 - 22 Structures 19 - 25 Structures 22 - 28 Structures Picnic Shelter/Pavilion Open/Size Varies 1 per 2,000 1 per 1,500 16 - 22 Structures 19 - 25 Structures 22 - 28 Structures Skate Park Progressive Levels of Skill 1 per 25,000 1 per 20,000 1 Park 1 Park 2 Parks Dog Park/Off-Leash Area Fenced 1 per 25,000 1 per 20,000 1 Park 1 Park 2 Parks Resource-Based Activities Multi-Use Trails**On-road Bike lanes 1.0 miles per 1,000 1.5 miles per 1,000 32 - 49 Miles 38 - 56 Miles 43 - 65 Miles Off-road Paved Multi-Use Trail 0.5 mile per 1,000 0.7 mile per 1,000 16 - 22 Miles 19 - 26 Miles 22 - 30 Miles Unpaved Hiking/Biking/Equestrian 0.2 mile per 1,000 0.4 mile per 1,000 6 - 8 Miles 9- 19 Miles 10 - 21 Miles Open Space Guidelines Conservation Open Space Passive Use 10 ac per 1000 residents 10 ac per 1000 residents 320 Acres 370 Acres 430 Acres Preservation Open space Limited Use 25 ac per 1000 residents 25 ac per 1000 residents 815 Acres 945 Acres 1075 Acres * Population projections City of Milton Comprehensive Plan ** Source - Municipal Research and Services Center of Washington Moreland Altobelli Associates,Inc. OCTOBER 2012 40 City of Milton - Comprehensive Parks and Recreation Master Plan A. General Goal: Ensure City of Milton Park and Recreation Legacy for Future Generations Objectives: • Develop fully programmed, fully operational and well-maintained parks, facilities and programs that meet both current and future park and recreation needs; • Keep the public and local leaders informed about the value, benefits, conditions and needs of the City of Milton park system; • Coordinate the planning, management, development and funding of parks, natural resources, trails and recreation needs and concerns with other City of Milton departments and city, county, and regional planning efforts; and • Engage residents to become stewards of City of Milton’s park and recreation system to help preserve the legacy for future generations. GOALS AND OBJECTIVES B. Park Land and Facilities Goal: Design, Build and Maintain Excellent Parks and Recreation Facilities Objectives: • Develop a park system that adequately serves the citizens’ current and future needs in an efficient and affordable manner; • Develop a set of park design standards that preserve the quality of the park and recreation system for future generations; • Develop each park, natural area and open space to respect the unique attributes of each site and its neighbors and according to its role in the overall park and recreation system; • Develop park and recreation facilities that are accessible and available to all residents. Meet and, where possible, exceed the requirements for the Americans with Disabilities Act (ADA); • Use environmentally friendly, sustainable methods to build and care for parks, natural resources and recreational facilities; and • Protect City of Milton parks, natural resources and facilities by developing a set of low maintenance design standards for the park system. Goal: Preserve, Protect and Restore Milton’s Natural Resources Objectives: • Identify environmentally sensitive areas and conservation sites for future acquisition and preservation; • Preserve open space and natural areas for the protection of habitat and biological diversity, to provide recreational opportunities to enhance Milton’s image and community identity and buffer the impacts of urban development; and • Protect, expand and restore interconnected ecosystems and wildlife corridors. Moreland Altobelli Associates,Inc. OCTOBER 2012 41 City of Milton - Comprehensive Parks and Recreation Master Plan Goal: Develop Parks and Recreation Facilities and Programs that Promote “Community in the City”. Objectives: • Build public plazas and “green connections” in neighborhoods and along main streets; • Provide unique public spaces that give Milton a special and attractive identity that reinforces the existing character of the city; • Develop a beautification strategy to visually tie the city together with design continuity, beauty and character; • Partner with other public agencies, schools and private organizations to maximize parks and recreation opportunities, facilities and programs; and • Provide a wide diversity of arts, culture, historical and civic amenities in the system. Goal: Provide a master plan for Birmingham Park that reflects the facility needs for the residents of the City of Milton Objectives: • Adopt NRPA LOS standards in determining programmed facilities for Birmingham Park; • Provide a balance of active and passive recreation activities supported by the Parks and Recreation Needs Assessment and public involvement process; • Provide a master plan with the following elements: best design practices and guidelines, advocates for green buildings and open space ,and includes an analysis of life cycle costing and implementation; and • Includes an Implementation Plan for Sustainability. Goal: Provide an update of the Trails Master Plan that builds on the Trails Master Plan produced by Georgia Institute of Technology in 2005 Objectives: • Integrate pertinent elements of the on-going “City of Milton Visioning Study & Crabapple Overlay Zoning District Form Based Code project in the Crabapple community and the Ga 9 Livable Centers Initiative in the Deerfield community; • Has an implementation program that can be phased within a workable time frame; • Provides reasonable opportunities for area residents to walk or bicycle to the office, store or local business or connect with public transportation; and • Provides a master plan with the following elements: best design practices and guidelines, advocates for green buildings and open space, and includes an analysis of life cycle costing and implementation. Moreland Altobelli Associates,Inc. OCTOBER 2012 42 City of Milton - Comprehensive Parks and Recreation Master Plan C. Land Use and Policy Planning Goal: Provide Appropriate Set of Land Management Regulations to Accomplish the Long Range Needs of the Park System Objectives: • Develop a long range strategic plan for the city that enables the city to plan and develop specific future park sites and greenways within the context of a well-orchestrated land development scenario • Provide draft language for the Land Development Regulations that requires the set-aside and dedication of land in new developments to be used for parks, trails and open space; • Support the standards in the City of Milton 2030 Comprehensive Plan that assures adequate and appropriate parks, recreation and open space system; and • Support regulations that require that require new development to provide pedestrian and bicycle access into and through new developments. D. Administration and Management Goal: Provide adequate park maintenance and management Objectives: • Establish appropriate maintenance standards to upgrade and enhance the level of maintenance for parks and recreation areas; • Implement a parks and recreation improvement program, including redevelopment of existing areas, and maintenance, improvement and renovation of all public areas and facilities; and • Maintain, secure and manage existing and future parks and open space in a manner that encourages appropriate use. Goal: Encourage and Promote a Variety of Recreational Opportunities including Cultural Activities, Community Activities and Special Events to Enhance Recreation and Educational Opportunities for Residents Objectives: • Provide public recreation facilities and programs that promote cultural activities such as interpretive historic signage and trails • Develop recreation programs and facilities based on the changing needs of the city residents with respect to socio-demographic characteristics of the population including age, income, family and household composition; and • Coordinate programs with other jurisdictions to provide comprehensive and efficient programming. Goal: Strive to Provide Funding to Maintain or Exceed the Minimum Level of Service Standards and Create a Sustainable Economic Base for Parks and Recreation Objectives: • Seek monies from a wide variety of funding sources including grants and joint public public-private partnerships; • Explore various funding sources including general bond issues, recreation user fees, utility fee transfers and recreation park tax districts; and • Devise a funding system whereby future development pays its own way for the necessary parks and recreation facilities. Moreland Altobelli Associates,Inc. OCTOBER 2012 43 City of Milton - Comprehensive Parks and Recreation Master Plan Regional Park (City-wide Park) The requirement for Regional Parks that will serve the needs of the entire City is a single park facility. Birmingham Park is a 202 acre property owned by the City of Milton and was originally designated as Regional Park by Fulton County prior to the incorporation of the City of Milton in 2006. As Milton’s only regional park, it has unique programming requirements. Birmingham Park is located in the northwest corner of the City of Milton. A Preliminary Master Plan for Birmingham has been prepared as part of this Master Plan and is described in later in the chapter. Urban Parks It is projected that two Urban Parks will be required by 2030. One potential site (Urban Park 1) is the area designated “Village Green” as identified in the Crabapple Form-Based Code document. This site located directly on Mayfield Road extending from Freemanville Road southerly to and including a small lake located on the north side of Mayfield Road. It will be served by a proposed multi-use trail that will also connect to existing Northwester High School which provides parking during events. Another potential urban park site (Urban Park 2) is the parcel located at the northeast corner of Deerfield Parkway and Alpharetta Highway (State Highway 9). This parcel is identified in the as “Undeveloped” on the Milton Highway 9 LCI Plan. It benefits from being located on the proposed multi-use trail system and close to a significant population center. Community Parks Four Community Parks will be required within the next twenty years. This will require the addition of two Community Parks to the existing community parks in- Bell Memorial Park (Community Park 1) and Providence Park (Community Park 2). Bell Memorial is planned to be expanded through acquisition of adjacent property. A preliminary master plan is included as part of this Master Plan. Providence Park will remain a passive park with no plans for active recreation. Community parks are generally fifty acres in size and can be any combination of active and passive recreation. City of Milton - Parks Master Plan Parks Facility Mapping Legend Parks Facility Mapping Moreland Altobelli Associates,Inc. OCTOBER 2012 44 City of Milton - Comprehensive Parks and Recreation Master Plan The addition of two community parks will require additional lands within the City limits. Opportunities to locate these additional facilities may include collaborating with the Fulton County Board of Education for converting under utilized school-board owned properties into parks and recreation facilities. Potential sites may include: Fulton County Board of Education Site located off Freemanville Road just south of the White Columns community. This site is largely undeveloped and was originally purchased as a potential school site. Those plans have been abandoned leaving this site as an excellent opportunity for active and passive recreation. A portion of the site is open and there is a large lake on the property. And access from Phillips Circle and Wood Road which has also been designated as a multi-use trail corridor. There is an opportunity for a park site on Freeman Road near the Laconia Road intersection referred to as Community Park Site 4 – Water Tower site. Currently under the ownership of Fulton County, this site offers passive and active recreation potential. The site has a large water tower but also includes open and wooded areas. Neighborhood Parks Eleven Neighborhood Parks will be required within the next twenty years. There are several opportunities for small neighborhood or micro-park sites available within the City limits. It is recommended that these parks be distributed around the various neighborhoods in the City- preferably within a quarter-mile walking radius from existing and proposed residential areas. Potential sites for neighborhood parks include: Neighborhood/ Pocket Park 1- One acre park-site at the southwest corner of Deerfield Parkway and Webb Road, and Neighborhood/ Pocket Park 2- Park at Crabapple Crossing Elementary Community Centers Bethwell and Crabapple are the two existing community centers serving the area residents. Two new community centers will be required within the next twenty years. Moreland Altobelli Associates,Inc. OCTOBER 2012 45 City of Milton - Comprehensive Parks and Recreation Master Plan Birmingham Park Master Plan Much has been written and discussed concerning Birmingham Park as part of this Master Plan including public workshops, focus group meetings and discussions with City Council and City staff. Birmingham is the largest contiguous publicly owned property in the City of Milton and must serve many diverse programming needs ranging from low-impact passive use to active recreation facilities. The Draft Master Plan was developed with the needs of the entire City in mind through a comprehensive public involvement process, application of nationally accepted level of service standards and results from the Schapiro Needs Assessment Study completed in 2009. Birmingham Park is approximately 203 acres and is located in the northwest corner of the City of Milton. It is currently being utilized for passive recreation use including outdoor concerts, recreation equestrian and biking trails, hiking and other passive recreation activities. Current access is via Old Bullpen Road off Hickory Flat Road directly adjacent to an existing fire station and church property. Other possible points of access include north/south Birmingham Highway adjacent to the existing commercial property and New Bullpen Road north of the Birmingham Highway/New Bullpen Road split. A main access point off Birmingham Highway through the existing power easement was discussed during the public meeting process. However, automobile stacking to the Birmingham/Hickory Flat intersection appears problematic in addition to acquiring permission from the power company for an improved access road. A better solution is creating two access points: a new road from Hickory Flat Road and another access on New Bullpen Road. This arrangement will provide a loop road through the park for added safety and ease of ingress/ egress. Built on Foundation of Past Studies: “Birmingham Park Master Plan” – February 2006 (Fulton County), “Pattern Book for Parks and Recreation Facilities” – October 2009 and “City of Milton Comprehensive Plan” Inventory – Park Amenities • Existing Structures Inventory • Property Settlement History • Present Park Recreation Activities • Current Park Use • Observed & Perceived Site Issues • Current Maintenance Activities • Safety and Security Issues Site Analysis - Demographics • Recreation Performance Standards • Milton Demographic Trends • Recreation Use Standards • Existing City of Milton Facilities Goals & Objectives • Meet ALL Programming Needs • Preserve Beauty of Site • Maintain Community Involvement • Follow Milton “Pattern Book” • Implementation Strategy Inventory – Existing Conditions • Birmingham Context • Legal Park Boundary • Easements • Adjacent Land Uses • Wildlife Habitat • Topography/Drainage • Soils, Vegetation • Wetlands • Park Access • Connectivity Moreland Altobelli Associates,Inc. OCTOBER 2012 46 City of Milton - Comprehensive Parks and Recreation Master Plan Site Analysis – Site Criteria As for analysis of the physical plan, the Birmingham Park Master Plan produced in 2006 has all the necessary data for the design of the park recognizing the following criteria: • Topography and Hydrology • Slopes Analysis • Soils Analysis • Existing Vegetation The Birmingham Park Master Plan is guided by limitations of the site for development based on the criteria listed above. Based on these studies, the pockets of the park site area that are unsuitable for construction were determined. The pockets that were absolutely unsuitable for any kind of development include areas with slopes greater than 15%, land within the 75-foot stream buffers and on the flood plains, zoning property buffers and areas with unsuitable soils. The total area of the site deemed unsuitable for construction is 112 acres which amounts to 55% of the total park area. Further, areas of limited suitability were also determined which include the transmission line easement since Georgia Power, the state power company, requires that no construction should occur within 25 feet of a guy wire or beneath a guy wire. Obstructions within the easement are also not allowed since the power company must also be able to access the transmission easement at any time. Additionally, land bearing the Worsham soil series is also limited in its ability to accommodate recreational use due to its poor suitability. Careful planning was done to ensure that impacts to the site will be minimized and follow accepted practices for engineering and design. Generally the site is open on the eastern section and very heavily wooded and steeply sloped to the west. The active recreation components are only suitable to the east side of the site. This split of suitability creates active and passive park opportunities as illustrated on the Birmingham Park master Plan. SITE LIMITATION MAP Moreland Altobelli Associates,Inc. OCTOBER 2012 47 City of Milton - Comprehensive Parks and Recreation Master Plan Park Programming – Birmingham Park It is clearly recognized by the City of Milton that Birmingham Park represents a sizable investment in the future of parks and recreation. It is unique in that it is the largest contiguous property in the City designated specifically for park and recreation activities. As such, it must accomplish the following: • Provide Flexibility as a Service Provider • Be Responsive to the Park Demand Analysis • Excel in the Quantity of Facilities • Recognize that the Park Service Area is the City of Milton • Responds to Connectivity Issues to neighborhoods and other park and recreation facilities • Provides Programs Appropriateness for the City of Milton including: Active and Passive Recreation • Provide Program Diversity, Quality, and Availability The program for Birmingham Park is based on the above analysis and information gathered from the public meeting series, Schapiro Needs Assessment Study produced in 2010 and recognized as an accurate representation of park and recreation needs in the City and national standards set by the National Recreation and Parks Association (NRPA). Program elements were carefully considered in the Birmingham Park Master Plan. Park Programming – Related and Past Studies Park Programming – City of Milton Comprehensive Plan (6/2011) Analysis of Birmingham Park was guided by the findings of the Community Survey that was undertaken to provide a guide to the development of the Community Agenda. Respondents identified that providing incentives for the preservation of open space, natural areas, and environmental resources were regarded as a means of preserving community character. Respondents also identified that any additional tax revenue should be spent on improvements for transportation, parks and recreation, and greenways and trail systems. Community Issues included the “disappearance of rural scenery threatens the character of the community and detracts from the community vision”. And, “Loss of tree canopy and specimen trees detracts from community aesthetics, threatens environmentally sensitive areas, and exacerbates heat-island effects experienced throughout the metropolitan area”. It was also noted in the Comprehensive Plan that the effects of environmental pollution and contaminated properties compromise public health and welfare and should be mitigated. Most importantly and related directly to the Birmingham Park Master Plan, “there is a lack of active/passive recreation programs and recreational areas for the community. Park Programming - Recreation Needs Assessment Results (The Schapiro Group - 2010) Summary: • Milton residents support the City providing a variety of facilities, particularly those that enhance their outdoor experience and those related to children’s activities. • Milton residents spend a good deal of time in nearby parks, and they also take advantage of membership facilities and local private facilities in the area. Few visit Bell Memorial Park. Residents with children in their household are more likely to visit each of those locations “very often.” • Residents also support a variety of programming options. The most popular are one-time citywide events, such as festivals and concerts. Programming for children also receives a great deal of support. • The least popular facilities and programs are those that involve adult activities or less prominent sports. • When residents visit parks or health/recreation facilities, they largely do so to exercise or simply to enjoy being outdoors. The other primary reasons are to take their children to play or have them participate in an athletic league. This comprehensive list was later prioritized into the following program analysis: “A” List • Multiple Access Points • Preservation of Existing Habitat • Adequate Perimeter Buffers • Non-paved Trails • Open Field Passive Play (public gathering area) • Basic Equestrian Facilities (water, hitching posts, shelter, etc.) • Rectangle Field (free-form soccer & football) • Baseball Fields (Non-lighted) • Non-paved Trailer Parking (looping) • Paved Parking (ADA accessibility) • Paved Multi-Use Trails “B” List • Community Center Building (4,000 – 8,000 s.f. w/ restrooms) • Off-leash Dog Area • Picnic Pavilions • Interpretive Pavilions & Wayfinding Signs • Tot Lots (for varying age groups) • Tennis Courts (non-lighted) • Soccer/Football/Lacrosse Field (min. of 2) • Sand Volleyball • Concession Structure • Basketball Courts (non-lighted) • Horseshoe Pitching Area “C” List • Structured Amphitheater • Restroom Facilities • Shuffleboard Courts • Adventure Playground • Water Park • Organized Skate Park • Sand Volleyball • Community Garden Plots • Lighted Baseball/Softball (200’ to 300’ for varying age groups) Moreland Altobelli Associates,Inc. OCTOBER 2012 48 City of Milton - Comprehensive Parks and Recreation Master Plan Conceptual Park Design – Birmingham Park The conceptual design was derived from the inventory and analysis and programming needs analysis. It is reflective of national standards, scientific assessment studies and a comprehensive public involvement program. Moreland Altobelli Associates,Inc. OCTOBER 2012 49 City of Milton - Comprehensive Parks and Recreation Master Plan The Master Plan - Birmingham Park The final master plan represents a refinement of the Conceptual Plan and includes the following amenities: General Purpose: • Community Center Complex (5000 – 10,000 S.F) • Trailhead Building with restrooms for mountain biking trails • Large concession/press box building • Small Concession building • Trails overlook structure with restrooms • Two large picnic shelters • Nine small picnic shelters • Stage/amphitheater • Parking (paved and non-paved overflow) Active Recreation: • Two 300-foot lighted baseball fields • Four 250-foot lighted baseball fields • Four non-lighted soccer/lacrosse fields • Four basketball/multi-use courts • Four non-lighted tennis courts • Two sand volleyball courts Passive Recreation: • 12-foot Mutli-use paved trail (1/2 mile loop) • 10-foot multi-use trails • Un-paved biking trails Equestrian Facilities: • Trailer parking • Pony ring • Small stables and tie-up areas • Un-paved equestrian trails Implementation Strategy Funding for Birmingham Park will come for a combination of grant funding and public funding through the City of Milton. There are no acquisition costs for Birmingham Park and implementation of the park can begin as a phased project when funding becomes available. The improvements recommended by the Master Plan fall within realistic evaluation of the City’s financial capabilities. This chapter discusses a broad range of potential measures including those historically used by other similar cities, Fulton County and some additional innovative techniques that should be considered to undertake the Master Plan’s implementation. Moreland Altobelli Associates,Inc. OCTOBER 2012 50 City of Milton - Comprehensive Parks and Recreation Master Plan Bell Memorial Expansion Plan Bell Memorial Park will be expanded with the acquisition of land adjacent to the park. Improvements to the park include: • Three 250-foot lighted baseball fields • Four 175-foot lighted baseball fields • Two soccer/lacrosse fields • Large press/concession building • One basketball/multi-purpose court • Four batting cages • Three picnic shelters • Connecting trail system • Additional parking The design is preliminary and will undergo a comprehensive due diligence process that will include cost opinions, zoning review, conceptual permit review and funding analysis. Moreland Altobelli Associates,Inc. OCTOBER 2012 51 City of Milton - Comprehensive Parks and Recreation Master Plan The Milton Trail Plan Update Goal of The Milton Trail Plan The City of Milton adopted the Milton Trail Plan in 2007 prepared by City and Regional Planning Program at the Georgia Institute of Technology with support from the Georgia Institute of Technology Center for Quality Growth and Regional Development and Center for Geographic Information Systems. The study incorporated the following goals and content of the study: “The purpose of this study is to develop a Bicycle and Pedestrian Plan for the newly established City of Milton, Georgia. The plan will propose a network of multiuse trails to connect Milton’s neighborhoods with its parks, schools, libraries, stores, sports facilities, and other public spaces. The study will consider the needs of the entire population of Milton, but it will also adopt a special focus on the needs of schoolchildren. To lower expenses and connect as much as the city as possible, the majority of the network will consist of multiuse trails paralleling existing roads.” The complexity and comprehensive approach of The Milton Trail Plan warrants only an update for the purposes of this Master Plan. Two recent studies greatly influence the Milton trails system; “Milton Highway 9 LCI Plan” and the “Crabapple From-Based Code”. Each has included more detailed information on the location of the existing trails as designated in the Milton Trail Plan and offer suggestions for improving the system with greater detail and specific locations. The Milton City Council has adopted a vision statement for the City: “Milton is a distinctive community embracing small-town life and heritage while preserving and enhancing our rural character.” A Citizens’ Advisory Committee was established and developed a goal for the Milton Trail plan that was in full accord with the City Council’s vision statement. The primary goal of the Milton Trail Plan was: “to preserve the rural quality of life in the City of Milton by creating an easily accessible shared use trail system connecting the City’s schools, parks, neighborhoods, and other points of interest” According to the study, a primary function of bicycle and pedestrian planning was to increase the opportunity to use non-motorized means of transportation both for work and recreational trips. One way to accomplish this within a bike and pedestrian infrastructure is to ensure connectivity, both internal and external. The goal of achieving external connectivity is a highlight of both Milton highway LCI Plan and Crabapple Form-Based Code Study. Other external connections were included in the original Study and are valid as of the drafting of this Master Plan. While internal connectivity is often a vital part of the planning process, external connectivity requires a case-by-case approach and is often defined by the type of trail connection to be achieved. Multi-Use trail connections are the most difficult as they require ROW easements and are destination dependent. However, “share the road” connections are a much more simple process and can often be implemented with additional road striping and cooperation with the neighboring jurisdiction. Ensuring external connectivity involves knowing what current and future connections are possible and working with the appropriate planning agencies (state, regional, and local) to discover connective potential as well as the potential funding and planning advantages that cooperation and coordination will bring. The following map illustrates external connections of the Milton Trail Plan: Moreland Altobelli Associates,Inc. OCTOBER 2012 52 City of Milton - Comprehensive Parks and Recreation Master Plan STATEWIDE BICYCLE/PEDESTRIAN PLANS Georgia Department of Transportation (GDOT) Georgia State Bicycle and Pedestrian Plan http://www.dot.state.ga.us/travelingingeorgia/bikepedestrian/Pages/default. aspx REGIONAL BICYCLE/PEDESTRIAN PLANS Atlanta Regional Commission (ARC) Atlanta Regional Bicycle Transportation and Pedestrian Walkways Plan http://www.atlantaregional.com/transportation/bicycle--pedestrian/bicycle- and-pedestrian-plan North Fulton comprehensive Transportation Plan http://atlantaregional.com/transportation/studies/north-fulton-ctp Bike Suitability Maps http://www.atlantaregional.com/transportation/bicycle--pedestrian Georgia Regional Transportation Authority (GRTA) Northern Sub-Area Study/GA-400 Corridor Analysis http://207.101.65.114/info_center/final_report/Chapter%201%20-%20 Introduction.pdf ADJACENT COMMUNITIES BICYCLE/PEDESTRIAN PLANS (Big Creek Greenway) City of Alpharetta http://www.alpharetta.ga.us/index.php?p=136 Forsyth County http://www.forsythco.com/pdf/files/Big%20Creek%20Greenway%20Map. pdf (Park Facilities List) Cherokee County http://www.crpa.net/# The Big Creek Greenway is of particular interest because it passes parallel to GA 400 near the Windward Parkway interchange. A connection through the Deerfield area must be considered one half mile north of the interchange and passing below the highway at the existing creek crossing. Links to the proposed greenway are listed above for City of Alpharetta and Forsyth County sections. Moreland Altobelli Associates,Inc. OCTOBER 2012 53 City of Milton - Comprehensive Parks and Recreation Master Plan The Milton Highway 9 and Crabapple Form-Based Code studies also include trail elements. The proposed plans are shown below: The following information was taken from the Milton Trail Plan to be incorporated into this master Plan. The Milton Trail Plan developed a set of recommendations for trail design principles and policies. Design principles for existing gravel roads to be incorporated into the trail system: • As soon as practicable, the City should utilize the City Milton logo to create trail endpoint signs with maps of the entire network and trail rules, and place markers at the ends of all gravel roads included in the core network. • Speed limits on the network’s gravel roads should be limited to a maximum of 15 miles per hour as submitted for the 2007 Radar Permit update. Design principles for trails parallel to GDOT state routes (Arnold Mill Road (SR 140), Crabapple Road (E-W SR 372), Birmingham Highway (N-S SR 372), and Cumming Highway (SR 9): • The GDOT should be encouraged to adopt a new policy that would mandate state-funded construction of shared use trails when a major transportation project takes place along a state route where a trail has been designated by the local government’s officially adopted transportation plan, comprehensive plan, bicycle plan, pedestrian plan, or bicycle and pedestrian plan. • Shared use trails parallel to state routes should be designed in accordance with the ROW. Ordinance definitions and following design guidelines: • In rural areas the trails should be 12 feet wide, have an asphalt surface, and be separated from the edge of pavement by designs in accordance with the AASHTO Roadside Design Guide, latest edition. This recommended policy is applicable to Birmingham Highway outside of the Crabapple Overlay District and Arnold Mill Road. • In urban areas the trails should be 12 feet wide, have an asphalt surface and be separated from the back of curb by a grass strip minimum of 4 feet, except where utilities conflict and the strip may be reduced to an absolute minimum of 2 feet. It is applicable to Cumming Highway (SR 9) and Arnold Mill Road SR 140. This policy is intended to supersede the SR 9 Overlay Standard. • Due to the Atlanta Regional Commission designation of Cumming Highway (SR 9) as a regional strategic bicycle corridor, for SR 9 only an acceptable alternative to a shared use trail is a combination of standard on-road-system bicycle lane with a 6 foot wide asphalt path behind the ditch section in accordance with the AASHTO Roadside Design Guide. • For urban areas in the Crabapple Overlay District, the Overlay District Standards will be maintained, including 7 feet grass strip with 6 feet of concrete sidewalk. This policy applies to Crabapple Rd (SR 372). • In other urban areas with curbs, the grass strip width between the curb and the trail should be a minimum of four feet, excepting locations were the location of utilities may require a narrower strip that can be reduced to an absolute minimum of two feet. Design principles for trails parallel to City of Milton roads designated for shared use trails: • Shared use trails parallel to City roads should be located beside roads with low and moderate levels of traffic. • As shared use trails are constructed, speed limits on the parallel roads should be limited to 35 miles per hour as submitted for the 2007 Radar Permit update. • Trails should be 8 to 12 feet in width and separated from the edge of pavement by design in accordance with the AASHTO Roadside Design Guide. • In urban areas with curbs, the grass strip width between the curb and the trail should be a minimum of four feet excepting locations were the location of utilities may require a narrower strip that can be reduced to an absolute minimum of 2 feet. • Areas of the Milton roadway network shall always meet or exceed the related Overlay Districts. However; it is recommended that the following changes be made: • Crabapple Crossroads area: Paths that are not parallel to rights-of- way may be either gravel or asphalt. • Birmingham Crossroads area: increase minimum grass strip width to 4 feet with a utilize exception to 2-foot absolute minimum. Concrete shall be used within the limits of the overlay district. • NW Fulton Overlay District: increase minimum grass strip width to 4 feet with a utilize exception to 2-foot absolute minimum. • The surface of these trails should, where possible, be gravel, but constructed with a base so that asphalt can later be overlaid as necessary. Gravel sections are encouraged to have special underlayment to prevent erosion, horse rutting, and to better allow for drainage and ADA accommodations. • The trail surface may be asphalt where expedient due to drainage, topography, or other engineering considerations. The trail surface may be asphalt or concrete if necessary for compatibility with existing trails or sidewalks. • Trailheads should be located near parking facilities at the City’s parks, schools, and retail centers. Moreland Altobelli Associates,Inc. OCTOBER 2012 54 City of Milton - Comprehensive Parks and Recreation Master Plan Recommended City policies related to trails: Milton trails should maintain the existing trees and tree canopy where feasible to produce shade for the trail. The trail may divide at times into two 4-foot wide sections to save a tree without passing directly beside the tree trunk. The City arborist should be involved in tree-related design considerations. • The City should review all development proposals in the context of the Milton trails plan. • When development takes place along a City road that has been designated as part of the Milton trails network, the developer should be required to construct a shared use path to the same design specifications that are used by the City. • Developers should be required to provide inter-parcel non-motorized connectivity when adjacent to the Milton trail and as required by the Transportation Engineer. • Pedestrians and bicyclists should be given routine accommodation in all types of development and redevelopment. • Developers should receive incentives when they integrate showers and lockers into their shared facilities. • To facilitate future bike, pedestrian, and passenger car mobility, developments with large numbers of cul-de-sacs should be discouraged and developments with greater internal and external connectivity should be encouraged. • To maintain the rural character of the City, the lighting of trails is discouraged. • The committee encourages accommodation of persons with disabilities where reasonable. • Individual sections of the trail system will be designated by separate colors. • At each trailhead and major road/trail intersection, trail signs will be posted that are constructed of wood or a close facsimile; are designed to reinforce the rustic nature of the trail; and include the City’s horse logo, a map of the entire trail system with a table of trail mileages, and hitching posts beside the sign. • Trail directional signs will be posted at major trail branch points. These will ideally utilize existing signposts in the locale. • Where a safety barrier is required, two-board or four-board fences will separate the trail from the road. This idea is intended for use in areas to aid children crossing side streets. Where a heavier barrier is required guardrails in the style of National Park Service timber guardrails will be used. This idea is intended to be utilized by the Community Services Department using standard engineering guidelines for safety installations. • Funding should be included in the CIP plan for minor bridges where needed for stream crossings. • These will include a 1 horse design weight limit. For the Update of The Milton Trails Plan, the trails system includes four trail types: Type 1 – Urban Trails Type 2 – Paved Multi-Use Trail (Off-Road) Type 3 – Share-the-Road Trails (On-road) Type 4 – Unpaved Greenway Trails As the name implies, Type 1 – Urban Trails are designed for city streets and commercial districts where bicycle lanes are designated in vehicular use areas. A 4-foot wide bicycle lane is designated for “road warrior” type cyclists’ where high speed touring conflicts with casual cyclists and pedestrian traffic. The combined casual cyclist and pedestrian path is 10 feet wide and is located within the ROW. In high-use urban areas the pedestrian path is for pedestrians only and often provides seating gathering and seating space for restaurants and other businesses. Crabapple Road between Itaska Walk and Broadwell Road is presently the currently only section of Urban Trails or streetscape (typical “Main Street”) area that features pedestrian gathering space and bicycle-only traffic within vehicular travel lanes. The Crabapple Form-Based Code documents will provide further detail for the design of this type of Urban Trail. Type 2 – Paved Multi-Use Trails are the most difficult types of trails to implement along existing ROW and through developed property. They generally require easements through private property or additional ROW. However, these types of trails can also be included in large community and city-wide parks as closed loops with provisions for connectivity to trails outside the park boundary. The Birmingham Park Master Plan features extensive paved Multi-use trails for shared bicycle and pedestrian use. Both Crabapple Form-Based Code area and Milton Highway 9 LCI Study area include paved Multi-use trails. Milton Highway 9 LCI area includes sections of Multi-use trails on SR 9 (Alpharetta highway), Windward Road and Deerfield Parkway. The Milton Highway 9 LCI Plan will provide detail concerning locations of Multi-use trails. Type 3 - Share-the-Road Trails (On-road) are located throughout the City of Milton and provide the most extensive trail system. They are designated for touring bicyclists and generally include a higher degree of risk due to their proximity to vehicular travel lanes. Typically this type of trail is a 4-foot wide area near the roadway shoulder that is striped and singed specifically for bicyclists. The typical “road warrior” or touring cyclist prefers the higher speed bicycle lanes without conflicts from pedestrians and slower casual bicyclists. Type 4 – Unpaved Greenway Trails support all trail users with the exception of touring cyclists. The Unpaved Greenway Trail is typically 4 to 6 feet wide and can be utilized by equestrians, mountain bicyclists and hikers. They can also be closed loops and Birmingham Park serves as a primary example. The Birmingham Park Master Plan includes an extensive system of unpaved trails for equestrians, mountain bicyclists and hikers. To reduce conflicts with bikers and pedestrian, equestrian facilities are on a separate loop. The Milton Trail Plan includes a number of existing gravel roads as Unpaved Greenway Trails and are included as part of this Master Plan. Also, the public meeting series for Milton Trails included a greenway concept connecting Birmingham Park to Crabapple along the west boundary of Milton through a series of utility easements and natural stream ways. The Milton Trail Plan from 2007 illustrates several phases of trail implementation. This plan has been refined as part of this Master Plan to include the four trail types designated above and includes the trails implemented as part of the Crabapple Form-Base Code and Milton Highway 9 LCI Plan. Type 1B - Urban Trail Combination: Type 2 - Multi Use Trail, Type 4 - Moreland Altobelli Associates,Inc. OCTOBER 2012 55 City of Milton - Comprehensive Parks and Recreation Master Plan Type 2B - Multi Use Trail Type 4B - Greenway Trail Type 2A - Multi Use Trail Type 4B - Greenway Trail 05 Comprehensive Parks and Recreation Master PlanCITY OF MILTON Cost Opinion Moreland Altobelli Associates,Inc. OCTOBER 2012 57 City of Milton - Comprehensive Parks and Recreation Master Plan Capital Improvements Implementing the recommendations of the Master Plan, including new facilities, land acquisition and improvement, and enhanced maintenance and programming, allow the City to effectively respond to the citizens’ needs for recreation. The benefits of a well-planned and well-placed supply of recreation opportunities are rich and diverse: organized play among children builds community spirit; an exercise class or a walk on a community trail, biking or horseback riding through the woods can improve health, well- being and longevity for adults and elderly citizens; and a good park system can enhance a community’s bond rating, as well as its attractiveness to new residents. These are significant returns on a relatively modest investment. The improvements recommended by the Master Plan fall within realistic evaluation of the City’s financial capabilities. This chapter discusses a broad range of potential measures including those historically used by other similar cities, Fulton County and some additional innovative techniques that should be considered to undertake the Master Plan’s implementation. Milton Park System Probable Capital Costs Capital Costs have been estimated for the two facilities that the master plan process developed conceptual site plans for; the expansion of Bell Memorial and the development of Birmingham Park. Additional cost opinions have been developed for Providence Park, the Proposed Village Green Urban Park Spaces and several neighborhood park sites based on site visits, workshop feedback and staff input. The cost of acquiring property over a thirty year period is difficult to project, a wide range of factors influence the seller’s final price; including, but not limited to adjacent sales, site conditions and the seller’s willingness to sell. Generally, an acre of undeveloped property in the City of Milton has an average value of $110,000. The total projected acreage needed to serve the City’s needs is, from page 11 over 400 acres. Future needs to meet projected demand for park space by 2030 would require acquisition of approximately 251 additional acres. At an annual inflation rate of 5%, the future value of park land acquisitions would be in excess of $108 million; a relatively flat rate of inflation at 2% per year reduces the future value to approximately $48 million. The low probability of the city being able to absorb these costs means a more likely improvement scenario involves upgrading existing properties and working closely with developers and the City’s emerging code framework to secure public open space at below market rates. The cost opinion table uses the current average value with the assumptions that the market for land sales is likely to remain depressed in the short term; as well as the possibility of land acquisition being financed in the early years of the planning period and development costs deferred. Some of these near term projects to improve existing assets would include: Expansion and Renovation of Bell Memorial (Refer Table on page 78) Phase I improvements to Birmingham Property to include: utility infrastructure; athletic fields and support facilities; trail head development, roadways, sidewalks and parking – including trailer parking and fencing for equestrian trail use. (Refer Table on page 79) Providence Park Upgrades: • New 5,000 SF Multi- use building at $175/SF = $875,000 • Shelters and site furniture budget $250,000 • Outdoor amphitheater $125,000 • Lake access improvements $250,000 • Parking and driveway improvements $180,000 • Climbing wall and ropes course $100,000 • Trails, campgrounds and open space development $175,000 • Total: $1,955,000 Pocket Parks at Crabapple Crossing Elementary and Deerfield/Webb Road Property at approximately $500,000 each; total $1 million. Village Green Facilities would include open lawn area, limited paving, site furniture and lighting at approximately $750,000 each or a total of $1.5 million. These could be developed through a public/private partnership with adjacent developers. Improvements to Crabapple Community Center sites, approximately $500,000. Improvements to three school sites for irrigated multi-use rectangles at approximately $500,000. Trail Development Costs are influenced by a wide range of factors including available ROW, schedule of facility development concurrent with adjacent roadway improvements in corridor, typical section and requirements for signage, pavement markings and possible traffic signal upgrades. The following average costs illustrate this: • 5-foot wide sidewalk behind existing curb section, minimum shoulder improvements: $20/LF • New curb and gutter, 5-foot wide sidewalk, significant shoulder improvements; including storm drainage: $110/LF; increase trail width to 12-foot wide and average price per foot is $175 • New Location Asphalt Trail, exclusive of ROW costs: $90/LF MILTON PARK FACILITIES CAPITAL COST OPINIONS Short Term – 2012 to 2015 (1) Bell Memorial Expansion and Renovation $2.4 million Crabapple Property Improvements $0.5 Pocket Parks at Crabapple Crossing and Deerfield Webb Road $1.0 Birmingham Ph 1 Development $7.0 million School Fields (3 sites)$0.5 TOTAL $11.4 million Mid Term – 2016 to 2020 (2) Providence Park Improvements $2.0 Birmingham Ph 2 Development $8.0 million Village Green Developments $1.5 TOTAL $11.5 million Long Range to 2030 (3) Acquisition, 251 acres $27.6 million Notes: Improvements to currently owned property Assumes public/private development of Village Green Spaces with no acquisition costs Average cost per acre $110,000 Moreland Altobelli Associates,Inc. OCTOBER 2012 58 City of Milton - Comprehensive Parks and Recreation Master Plan CONCEPT COST OPINION MORELAND ALTOBELLI SEPTEMBER 10, 2012 BELL MEMORIAL EXPANSION CITY OF MILTON ITEM QUANT.UNIT COST TOTAL THOMPSON RD REALIGNMENT/NEW ENT 1.00 LS $450,000.00 $450,000.00 CLEAR AND GRUB SITE 16.00 AC $7,500.00 $120,000.00 E&S 16.00 AC $3,500.00 $56,000.00 NEW PARKING/GRADE/BASE/PAVE/ CURB&GUTTER 220.00 SPACES $1,500.00 $330,000.00 RESURFACE EXISTING PARKING/MILL/PATCH/ REPAVE 116.00 SPACES $500.00 $330,000.00 LARGE PLAYSCAPE/ALL ACCESS/SOFT SURFACE 1.00 EA $35,000.00 $35,000.00 CONCRETE SERVICE DRIVES/HEAVY DUTY PLAZA PAVING 23,760.00 SF $5.00 $118,800.00 ENTRY DRIVE IMPROVEMENTS 1,200.00 LF $55.00 $66,000.00 SLATE CHIP WALKING/NATURE TRAILS 3,100.00 LF $20.00 $62,000.00 SIDEWALKS/PLAZAS 32,000.00 SF $3.00 $96,000.00 LARGE CONCESSION/RESTROOM BLDGS (2)3,600.00 SF $175.00 $630,000.00 SMALL RESTROOM BLDGS (3)1,800.00 SF $150.00 $270,000.00 BATTING CAGES 1.00 LS $16,500.00 $16,500.00 OUTDOOR BASKETBALL COURTS 1.00 LS $50,000.00 $50,000.00 SAND VOLLEYBALL 1.00 LS $20,000.00 $20,000.00 PICNIC SHELTERS 7.00 EA $15,000.00 $105,000.00 KIOSKS 4.00 EA $2,500.00 $10,000.00 LANDSCAPE ALLOWANCE 16.00 AC $10,000.00 $160,000.00 DRAINAGE/STORMWATER CONTROL 16.00 AC $40,000.00 $640,000.00 WATER QUALITY PONDS 1.00 LS $50,000.00 $50,000.00 WATER SERVICE/OUTDOOR FOUNTAINS 1.00 LS $150,000.00 $150,000.00 SEWER SERVICE ALLOWANCE 1.00 LS $75,000.00 $75,000.00 ELECTRICAL SERVICE 1.00 LS $50,000.00 $50,000.00 RETAINING WALLS 4,200.00 VSF $75.00 $315,000.00 Expansion and Renovation of Bell Memorial CONCEPT COST OPINION MORELAND ALTOBELLI SEPTEMBER 10, 2012 BELL MEMORIAL EXPANSION CITY OF MILTON ITEM QUANT.UNIT COST TOTAL 175’ DIAMOND WITH IRRIGATION 3.00 EA $50,900.00 $152,850.00 200’ DIAMOND WITH IRRIGATION 4.00 EA $55,840.00 $223,630.00 250’ DIAMOND WITH IRRIGATION 1.00 EA $73,340.00 $73,340.00 300’ DIAMOND WITH IRRIGATION 1.00 EA $88,800.00 $88,800.00 330’ DIAMOND WITH IRRIGATION 1.00 EA $1,037,650.00 $1,037,650.00 PREFAB DUGOUTS/SCORING STANDS/BLEACH- ERS 1.00 LS $175,000.00 $175,000.00 MAINTENANCE BARN/MATERIALS/STORAGE 1.00 LS $200,000.00 $200,000.00 SUBTOTAL $5,999,300.00 LIGHTING ALTERNATIVE 10.00 EA $40,000.00 $400,000.00 SUBTOTAL $6,399,300.00 20% CONTINGENCY $1,279,860.00 TOTAL $7,679,160.00 SOCCER OPTION DELETE TWO 200’; ONE 250’ AND ONE 175’ FIELDS $-233,030.00 SUBTOTAL $7,446,130.00 ADD SOD AND IRRIGATION FOR SOCCER $110,000.00 TOTAL $7,556,130.00 A ESTIMATE ANTICIPATES REALIGNMENT OF 250 LF OF BURGE ST. TO ALIGN WITH PARK DRIVE, FUTURE TRAFFIC SIGNAL, TURN LANES, AND ENTRY SIGNAGE, LONG RANGE B LONG RANGE BUDGET ITEM C UNIFORM WIDTH/DRAINAGE IMPROVEMENTS, LONG RANGE D PLACEHOLDER FOR GRAVITY COLLECTION AND TIE TO FORCE MAIN Moreland Altobelli Associates,Inc. OCTOBER 2012 59 City of Milton - Comprehensive Parks and Recreation Master Plan CONCEPT COST OPINION MORELAND ALTOBELLI APRIL 16, 2012 BIRMINGHAM PARK DEVELOPMENT CITY OF MILTON PHASE 1 SITE DEVELOPMENT COSTS ITEM QUANT.UNIT COST TOTAL CLEAR AND GRUB SITE 50.00 AC $7,500.00 $375,000.00 $375,000.00 E&S 50.00 AC $3,500.00 $175,000.00 $175,000.00 DRAINAGE/STORMWATER CONTROL 50.00 AC $20,000.00 $1,000,000.00 $1,000,000.00 WATER SERVICE/OUTDOOR FOUNTAINS 1.00 LS $150,000.00 $150,000.00 $150,000.00 SEWER SERVICE 1.00 LS $250,000.00 $250,000.00 $250,000.00 ELECTRICAL SERVICE 1.00 LS $250,000.00 $250,000.00 $250,000.00 SUBTOTAL $2,200,000.00 $2,200,000.00 FINISHED AMENITIES/SUPPORT FACILITIES COMMUNITY CENTER 10,000.00 SF $225.00 $2,250,000.00 TRAIL HEAD RESTROOM BUILDING 600.00 SF $150.00 $90,000.00 $90,000.00 LARGE CONCESSION/PRESS BOX 1,800.00 SF $175.00 $315,000.00 $315,000.00 SMALL CONCESSION/RESTROOM BLDG 900.00 SF $175.00 $157,500.00 $157,500.00 TRAIL OVERLOOK STRUCTURE WITH REST- ROOMS 300.00 SF $150.00 $45,000.00 LARGE SHELTERS 2.00 EA $30,000.00 $60,000.00 $60,000.00 SMALL SHELTERS 9.00 EA $15,000.00 $135,000.00 STAGE/AMPHITHEATER 1.00 LS $250,000.00 $250,000.00 PAVED PARKING 580.00 SPACES $1,500.00 $870,000.00 $870,000.00 OVERFLOW PARKING/STABILIZED TURF 12,500.00 SY $12.00 $150,000.00 ENTRY INTERSECTIONS 1.00 LS $200,000.00 $200,000.00 $200,000.00 INTERNAL ROADWAY PAVING 12,700.00 SY $31.50 $400,050.00 $400,050.00 CONCRETE HEADER CURBS 45,000.00 LF $12.00 $540,000.00 PAVED TRAILS 10 TO 12’ WIDE (INC STREAM XINGS) 7,000.00 LF $90.00 $630,000.00 UNPAVED NATURAL TRAIL DEVELOPMENT 18,000.00 LF $15.00 $270,000.00 KIOSKS 10.00 EA $2,500.00 $25,000.00 DOG PARK 1.00 LS $25,000.00 $25,000.00 SITE AMENITIES ALLOWANCE 1.00 LS $250,000.00 $250,000.00 $125,000.00 PLAY GROUND DEVELOPMENT 1.00 LS $250,000.00 $250,000.00 $75,000.00 SIDEWALKS/PLAZAS 140,000.00 SF $3.00 $420,000.00 $150,000.00 LANDSCAPE ALLOWANCE 25.00 AC $10,000.00 $250,000.00 $75,000.00 SUBTOTAL $7,582,550.00 $2,517,550.00 Birmingham Park Development ACTIVE SPORTS FACILITIES 300’ DIAMOND W/ IRRIGA- TION & LIGHTING 2.00 EA $185,000.00 $370,000.00 $185,000.00 (1 FIELD) 250’ DIAMOND W/ IRRIGA- TION & LIGHTING 4.00 EA $155,000.00 $620,000.00 $465,000.00 (3 FIELDS) SOCCER/LACROSSE/MULTI USE FIELDS W/LIGHTING 4.00 EA $85,000.00 $340,000.00 $170,000.00 (2 FIELDS) BATTING CAGES 8.00 LS $7,500.00 $60,000.00 TENNIS COURTS 4.00 EA $40,000.00 $160,000.00 SOCCER/LACROSSE/MULTI USE FIELD 160,000.00 SF $0.50 $80,000.00 $80,000.00 OUTDOOR BASKETBALL COURTS 4.00 EA $25,000.00 $100,000.00 SAND VOLLEY BALL COURTS 2.00 EA $15,000.00 $30,000.00 SUBTOTAL $1,760,000.00 $900,000.00 EQUESTRIAN FACILITIES TRAILER PARKING 4,500.00 SY $31.50 $141,750.00 $141,750.00 PONY RING DEVELOPMENT 1.00 LS $300,000.00 $300,000.00 STABLES 12,000.00 SF $40.00 $480,000.00 FENCING 1,500.00 LF $20.00 $30,000.00 $30,000.00 SUBTOTAL $951,750.00 $171,750.00 TOTAL FACILITY TYPES $12,494,300.00 $5,789,300.00 20% CONTINGENCY $2,498,860.00 $1,157,860.00 TOTAL $14,993,160.00 $6,947,160.00 Moreland Altobelli Associates,Inc. OCTOBER 2012 60 City of Milton - Comprehensive Parks and Recreation Master Plan FACILITIES OPERATIONAL COST OPINION TABLE FACILITIES 2012 2013 2014 2015 2016 Bell Memorial 18 acres Crabapple and Bethwell Properties 3 School Fields and Neighborhood Parks 8 Bell Expansion 5 Neighborhood Parks 5 Providence Improvements 42 Birmingham Phase 1 103 TOTAL ACRES 21 34 39 81 184 TOTAL COST @ $12,000/ACRE $252,000 $408,000 $468,000 $972,000 $2,208,000 Staffing The staffing and maintenance of a local government park’s department and facilities generally follows one of the following models: 1. All staff; including management, program and maintenance personal are direct employees of the local government. 2. Management, maintenance and oversight staff are local government employees, but program staff – i.e. coaches, schedulers, and trainers are volunteers or employees of an organization under contract to provide sport specific services. 3. All services are provided on a contractual basis – either by volunteer organizations or fee based firms - and the local government staffing is limited to policy oversight and contract management. The current staffing situation in Milton is best described by the third model. The advantages to the City are the ability to recover a significant portion of the program costs through the vendor’s fee structure and deferring, or avoiding completely, investing in program specific equipment. Contracting maintenance functions also allows the city to avoid the initial purchase or lease of vehicles, mowers, tractors and the need to stock supplies and replacement parts. This also applies to agreements between the Fulton County School Board for use of indoor and outdoor facilities. In terms of cost control, the contracting model allows periodic renegotiation of contract terms and costs through the procurement process. The trade off is the possibility that a multi-year contract may not offer the flexibility to adapt to changing program demands or maintenance needs quickly. The cost of contracted labor and services is typically less than the cost of direct employment by the city because the overhead costs – insurance, taxes, benefits, etc. – are spread over a wider base of clients when private firms are hired. To forecast what the City of Milton’s future recreation budget needs might be, the following table estimates the costs on a per acre basis for various combinations of future facilities. The per acre figure is neutral concerning the service delivery method. Comparing national data, budgets of adjacent municipal departments and county programs, an operational budget number of $12,000/acre is recommended for planning purposes. This is a composite number which includes costs for salaries, utilities, equipment and supplies. POPULATION DENSITY CITY AREA SQ MILES AREA ACRES 2010 CENSUS DENSITY PERSONS/SQ MI DENSITY PERSONS/ ACRE MEDIAN AGE POPULATION OWNER OCCUPIED HOUSING UNITS % TOTAL POP POPULATION RENTER OCCUPIED HOUSING UNITS % TOTAL POP ALPHARETTA 26.9 17,216 57,551 2139.44 3.34 36.8 40,676 70.68%16,806 29.20% JOHNS CREEK 30.7 19,648 76,728 2499.28 3.91 38.4 62,779 81.82%13,949 18.18% MILTON 38.5 24,640 32,661 848.34 1.33 36.7 25,910 79.33%6,747 20.66% ROSWELL 40.7 26,048 88,346 2170.66 3.39 37.6 58,768 66.52%29,062 32.90% MARIETTA 23.1 14,784 56,579 2449.31 3.83 32.6 22,848 40.38%31,962 56.49% BUDGET COMPARISON CITY CITY BUDGET REC DEPT BUDGET REC BUDGET PER CAPITA % TOTAL BUD- GET TOTAL ACRES COST/ ACRE ALPHARETTA $52,531,591 $6,683,764 $116.14 12.72%757 $8,829.28 JOHNS CREEK $44,854,452 $1,514,798 $19.74 3.38%448 $3,381.25 MILTON $17,390,380 $356,292 $10.91 2.05%225 $1,583.52 ROSWELL $63,424,039 $9,786,577 $110.78 15.43%918 $10,660.76 MARIETTA $47,532,038 $4,905,469 $86.70 10.32%421 $11,651.95 06 Comprehensive Parks and Recreation Master PlanCITY OF MILTON Implementation Strategies Moreland Altobelli Associates,Inc. OCTOBER 2012 62 City of Milton - Comprehensive Parks and Recreation Master Plan Implementation Program The implementation strategies presented in this chapter intend to facilitate proposed improvements identified in the Master Plan in a manner that maximizes public access to the recreational facilities and supports the long- term vision and objectives developed by the citizens and leaders of the City of Milton. The City of Milton Parks, Recreation and Trails Master Plan reflects a coherent vision for upgrading existing facilities and programs, identifying new park development opportunities, and trail network within the City of Milton limits. The implementation strategy anticipates that the trail system will become the link that connects the neighborhoods and activity areas within the community with recreational facilities, as well as create opportunities for connections with the regional trails network in the long-term. Over the last six months, the parks master planning process has helped establish pivotal relationships between key players in this effort and the City must utilize the opportunity presented by the Plan to strengthen these efforts and implement key strategies identified in this plan. This section of the Plan outlines the implementation functions and organizational framework that are critical components for successful realization of the planning and design objectives that have been developed for the Master Plan. The Plan recognizes the importance of prioritizing projects in dealing with a complex improvement program of this magnitude. The success of this Plan ultimately rests on the coordinated efforts of the community’s various stakeholders and agencies including the City Council, City staff, GDOT, Fulton County, Fulton County Board of Education, neighborhood associations, area institutions land owners, and residents. The phasing plan lists specific action strategies and tasks that should be undertaken by the City staff in partnership with various agencies and stakeholders. The Plan envisions that the parks system and trail will be built through a number of incremental and coordinated investments as capital programs are executed over the course of the next 20 years. The organization framework section delineates the roles played by various stakeholders. Organizational Framework The formation of an effective organization structure that will provide the system to carry the plan forward, is a critical component of the implementation process. The administrative structure will determine the mechanism to establish lines of communication between various stakeholders. The formation of strong public-private partnerships will be crucial to the realization of the envisioned master planning effort. Furthermore, the management and administration framework will ultimately be charged with ensuring that the proposed projects and activities are addressed in a timely manner, and the interactive process of community and stakeholder involvement that has informed the process is implemented on an ongoing basis. City Council, Parks and Recreation Advisory Board The City of Milton Parks and Open Space Master Plan presents an opportunity to strengthen relationships with residents, private sector, and numerous governmental and non-governmental entities. Achieving the parks, recreation and trails system will require a strategic combination of implementation mechanisms described in this section. The City Council and the Advisory Board are expected to lead the development program and will also require significant City staff commitment for building its capacity to manage a broad spectrum of tasks and activities on a daily and seasonal basis. The City’s role in the implementation of the proposed master plan should be directed towards the following elements: • Examine the feasibility of supporting innovative financing mechanism to fund the proposed waterfront improvements such as instituting a Special Taxing District to pursue identified improvements or by increasing millage rates; • Formulate policy changes and amendments to the existing land development regulations, as it relates to increasing flexibility in providing open space and streetscape improvements, stormwater management requirements, regulating right-of way areas, and controlling development impact on the area’s natural resources; • Designate City staff to coordinate project related activities of various city departments; • Establish an investment framework agreement with Fulton County and the Board of Education to construct, maintain, and administer completed trails, parks and recreational facilities; • Contact large public and private landowners to determine their level of interest and commitment in participating the proposed trail and open space development projects.; • Initiate discussions with Fulton County, State of Georgia, and Federal agencies to explore opportunities for joint construction, operation and usage of recreational facilities.; • Earmark funds in the annual budget to initiate design, engineering, and construction phases; • Establish contact with land conservancy groups such as the Trust for Public Land to explore provision of educational opportunities, and assistance in developing land acquisition strategies; and • Prepare a Land Acquisition Strategy to purchase strategic lands that may be used for developing recreational facilities. Some strategies include: • Lease to Purchase Contracts; • These contracts allow a community to begin use of a tract of land without acquiring all of the money to needed to purchase the property. Sometimes, the lease fee is higher than the interest on bonds; however, it does provide a means to convince citizens that unless the community comes up with the money to purchase the land, the recreation opportunities enjoyed on the land will be foregone; and • Sale of Surplus Lands. Parks and Recreation Department and other City staff The City’s Parks and Recreation staff should act as the overall coordinator for the implementation, communication, and community outreach for the proposed improvements. The City of Milton Parks, Recreation and Trails Master Plan has generated significant community support. The staff, working in collaboration with other city departments, should pursue immediate catalyst projects and long-term planning to build on the momentum generated through this planning process. Some of the action steps that should be undertaken include: • Develop measurable performance indicators to review the program’s overall success in achieving its waterfront revitalization goals. • Develop annual work programs to provide the necessary continuity of effort and momentum needed to keep the proposed program moving towards its goals. • Create a framework for initiating public-private partnerships for the shared trail to be built on private properties. • Initiate design, construction and permitting of identified public improvements. • Develop collateral marketing material to communicate the City’s efforts to increase citizen awareness about existing and proposed amenities and resources, and educational aspects of the program such as habitat restoration and environmental conservation. • Encourage sustainable building practices in construction of new recreational facilities or renovation of existing facilities. Strive to design projects that qualify for “green design” certification from organizations such as the U.S. Green Building Council. • Monitor and review provisions impacting the relationship between new developments and street environment to ensure consistency with the proposed trails and open space design guidelines. • Continue to work with the City’s grants division to secure additional funds for pursuing proposed recreation improvements. • Develop a program for year-round special events and recreation activities to increase park usage. • Consider developing a pricing strategy and user fee policy for operation and maintenance of future recreation facilities. Moreland Altobelli Associates,Inc. OCTOBER 2012 63 City of Milton - Comprehensive Parks and Recreation Master Plan Parks and Recreation Department Staffing The staffing of a local government park’s department generally follows one of the following models: • All staff; including management, program and maintenance personal are direct employees of the local government. • Management, maintenance and oversight staff are local government employees, but program staff – i.e. coaches, schedulers, and trainers are volunteers or employees of an organization under contract to provide sport specific services. • All services are provided on a contractual basis – either by volunteer organizations or fee based firms - and the local government staffing is limited to policy oversight and contract management. The current staffing situation in Milton is best described by the third model. The advantages to the City are the ability to recover a significant portion of the program costs through the vendor’s fee structure and deferring, or avoiding completely, investing in program specific equipment. Contracting maintenance functions also allows the city to avoid the initial purchase or lease of vehicles, mowers, tractors and the need to stock supplies and replacement parts. In terms of cost control, the contracting model allows periodic renegotiation of contract terms and costs through the procurement process. The trade off is the possibility that a multi-year contract may not offer the flexibility to adapt to changing program demands or maintenance needs quickly. The cost of contracted labor and services is typically less than the cost of direct employment by the city because the overhead costs – insurance, taxes, benefits, etc. – are spread over a wider base of clients when private firms are hired. To forecast what the City of Milton’s future recreation budget needs might be, the following table estimates the costs on a per acre basis for various combinations of future facilities. The per acre figure is neutral concerning the service delivery method. Comparing national data, budgets of adjacent municipal departments and county programs, an operational budget number of $12,000/acre is recommended for planning purposes. This is a composite number which includes costs for salaries, utilities, equipment and supplies. Partnerships Through forging strategic partnerships with various governmental agencies, area institutions, private sector, and adjoining municipalities such as Alpharetta, Roswell, and Cherokee County, the City will provide better access to recreational facilities and programs for area residents, while at the same time create a cumulative impact in the area. The following section discusses the roles and responsibilities of various stakeholders and entities that can help the City in minimizing the costs associated with providing needed facilities for its citizens and maximizing available resources. Fulton County Administration and Fulton County School Board The City should continue working with Fulton County to highlight common goals between the City’s recreational needs and over arching goal to create a high quality livable community accessible to the population residing in the larger region. Public schools in the area play an important role in addressing the community’s recreational needs. The City should explore more opportunities to initiate a joint-use program for operation, maintenance and usage of the school’s facilities for the larger community. Intergovernmental Coordination The cities of Alpharetta and Roswell, and Cherokee County are critical partners in enhancing the community’s access to recreational programs and facilities, as well as serving as a potential user base for City of Milton’s facilities. The City should initiate discussions with the administration of these neighboring communities to sign agreements for shared-use of facilities at lower costs for area residents. Area institutions The City should also work in close collaboration with the faith-based organizations to develop shared use recreational facilities programs to address the urgent needs of the citizens in the short-term. Private Sector The City of Milton may employ a combination of strategies including site assembly, land acquisition, jointly funded projects in collaboration with large private land owners to address the existing gaps in the parks and recreation system. Financing The City of Milton has been successful in securing funds for some of the individual projects presented in the plan. Land acquisition for future recreational facilities, constructing a continuous trail network, and upgrading existing facilities are critical to the success of the various projects and programs identified in this master plan. While opportunities exist to construct trails on existing open space and pursue trail easements where undeveloped land acquisition is not possible, it is critical to devise a long- term financing and revenue generation strategy to develop a dynamic process that confronts and resolves issues proactively rather than reacting to changing conditions. The City should continue, working with other governmental and non- governmental entities, to pursue implementation of multiple elements outlined in the plan; and to utilize innovative financing tools, including, but not limited to: • Inter-governmental partnerships and cost-sharing • Issue revenue bonds, notes, certificated, or other forms of indebtedness • Combine trail projects with other infrastructure projects • Exploring trail/ conservation easement opportunities • Land and/or trail dedications from development • Secure additional funding from grants and joint projects • Direct Budget Allocations • Establish a Parks Development Trust Fund to accept contributions and grants from corporate entities, non-profit organizations, and individuals Grants State and federal grants have long been a source of funds for public improvement projects. Sources that have been used by other cities to fund recreational programs include the Community Development Block Grant (CDBG), Georgia Trails and Greenways Recreational Trails Program, and Land and Water Conservation Fund. The Parks and Recreation Department should consider developing a grant stacking strategy to obtain financial assistance for implementing the projects identified in the master plan. Debt Financing This financing tool essentially requires a community to sell bonds or otherwise borrow money to be repaid from an annual automatic lien on the general fund. Alternatively, a community can pay for its infrastructure in the same way a person borrows money to purchase a home. In both instances, the capital need is immediate and high, the equity appreciation reasonably assured, and the monthly or annual principal and interest payments generally fixed. Like all forms of infrastructure financing, there are some disadvantages and risks. One major risk is voter aversion to approving bond issues, which means an increase in their property taxes. Reserves Reserves are those surplus funds in a local government coffer that are either intentionally built up for a “rainy day” or accrue because the budget requirements were less than the revenues collected. By having sufficient reserves, a municipality does not have to try to sell bonds or borrow capital improvement funds. Special Taxing Districts Taxing districts are established to provide funds for certain types of improvements that benefit a specific group of affected properties. Improvements may include landscaping, park furnishing, public art, supplemental services for improvements and promotions and cultural enhancements. Special Events and Fund-raisers Many park and recreation agencies have special events on an annual basis to help cover the costs of specific programs and/or capital projects, while providing desired activities for area residents. Moreland Altobelli Associates,Inc. OCTOBER 2012 64 City of Milton - Comprehensive Parks and Recreation Master Plan Real Estate Transfer Fees As cities expand, the need for infrastructure improvements grows. Since parks add value to neighborhoods and communities, some cities have turned to real estate transfer fees to fund parks and recreation needs. Usually transfer fees amount to ¼% to ½% on the total sale of the property. Revenue Generation User Fees While user fees are not initially popular with users, a proper marketing and information effort should help users understand the necessity of this strategy. Because Milton residents pay a higher fee for use of parks and facilities in other jurisdictions, a shared fee schedule may be developed for residents of Fulton County. Naming Rights Many cities have turned to selling the naming rights for new buildings or the renovation of existing buildings and parks for the cost associated with the improvement. Facility Rentals As the new parks and trail system is completed added to the system, a pricing strategy for rental facilities should be developed. The fees should be set to cover true cost of the facility including utilities, personnel costs and clean up, and produce revenue for the City. Picnic shelters can be used on a first come-first served basis; however, guaranteed use can be made through a reservation program that includes a rental and clean-up fee. Facility rental should be competitive with private facilities. Rental of equipment such as tables, chairs, tents, stages, bicycles, roller blades, etc. could also be used to augment revenues for maintenance and operation. Utility Round-up Programs Some park and recreation agencies have worked with the local utilities on a round-up program whereby a consumer can pay the difference between their bill up to the even dollar amount and they then pay the parks and recreation department the difference. Advertising This revenue source is for the sale of appropriate advertising on park and recreation related items such as the City’s program guide, scoreboards, dasher boards, fences or other visible products or services that expose the product or service to many people. Adopt-a-Park Program The development of a formal Adopt-A-Park program would establish rules and guidelines of responsibilities for the adoptee. Interested stakeholders include neighborhood organizations, homeowners associations, businesses, and nonprofit organizations. Volunteering The use of volunteers to do clerical work and programming can be a useful tool in augmenting the staffing levels. Volunteer programs should be formalized and include background checks, regular schedules, job descriptions and evaluations to assure the safety of the clientele and the quality of the volunteers. It should be recognized that the development of a formalized process would require considerable work by the Parks and Recreation and Human Resources staff; however, in the long run, it would be a useful tool in helping augment recreation staff. Maintenance Guidelines Maintenance Guidelines should be developed in order to monitor the cost and efficiency of maintenance of park structures and park areas. Creating activity-based costing models for each area will assist in determining efficiencies in the department, eliminating duplication of processes and identifying areas for contracting services. Contracting of Maintenance Because of the high cost of employee benefits, it is often more cost-effective to contract the routine maintenance. Certainly some staff is needed for emergencies or for areas that require a higher level of maintenance. It is likely that the parks will receive a higher level of maintenance because the contracted staff will not be utilized for other jobs. They will maintain a strict schedule. Additionally, the cost of purchasing and maintaining equipment becomes the responsibility of the contractor. Computerized Irrigation Systems Standardizing and computerizing the irrigation systems in Milton could result in a reduction in water costs, immediate identification of breaks and leaks, electrical problems, broken irrigation heads and more. Additionally, many systems can adjust water usage based on plant stress, moisture depletion at the root zone, site microclimate, soil type, slope, root zone depth, plant type and precipitation rate. There is an initial capital cost. Amortization depends of the type of system and the cost savings. Computerized Maintenance Tracking Computerized tracking of man-hours, equipment costs and material costs can indicate if one area is costing more than other areas so that the situation creating that higher cost can be identified and rectified. Phasing Plan In addition to developing an effective organizational structure and ensuring that use of resources is maximized through formulating strategic partnerships, the ultimate realization of the City of Milton Parks Master Plan will require several phases to implement the identified priorities. The Master Plan represents a long-term vision containing several major projects that will be realized in the next two decades. The following section sets forth a phasing strategy based on the preliminary design concepts related to the trail system, parks development, and related activities. The preliminary cost estimates associated with the implementation tasks are not a pledge of expenditures of funds on a given project in any given year. The Master Plan is not a specific development plan that is expected to be implemented in the near term. Actual funding allocations will be determined annually through the City of Milton budgeting process. The implementation costs are based on a measure of the order of magnitude for prioritized individual projects. Ultimately, project costs will be refined during the design and construction phase for any given project. It should be noted that the specific project costs are preliminary estimates based on conceptual design and planning strategies presented in this Plan. The following matrix lists the preliminary phasing and costs related to the waterfront design recommendations presented in this Plan, categorized into the following three categories: Short-Term (0-5 years) Mid-Term (6-10 years) Long-Term (10 years and beyond) A Comprehensive Parks and Recreation Master PlanCITY OF MILTON Appendix A: Public Involvement Moreland Altobelli Associates,Inc. OCTOBER 2012 66 City of Milton - Comprehensive Parks and Recreation Master Plan weakness • Traffic congestion • Lack of trails • Lack of facilities catering specifically to girls/ women • Lack of field space for baseball or other sports leading to overcrowding • Time line for realization of additional facilities too long - need to be consider more options of land for immediate acquisition • Funding • Cost of land • Budgetary constraints- higher cost of permanent facilities versus natural • Environmental restriction renders some land not available for certain types of park use • North Park is not ours - Fees and availability • Lack of intergovernmental agreements with sister cities namely Roswell and Alpharetta- need to leverage their facilities • Lack of trails • Need diversity of trails types – Gravel /paved /dirt • Higher up-front costs on smaller population • Lack of pedestrian infrastructure • Lack of bicycle infrastructure • Too few community meetings for planning related projects • Location of parks -too few and far between • Lack of impact fees on developers for park land within their development Opportunities • Inter connect • Collaboration / coordinate offerings such as indoor pools- such arrangements need to be mutual and complimentary • Encourage privately run programs • Purchase consecutive land • Acquire North Park from Alpharetta • Provision of golf carts • Convert building on Hopewell and Thompson a community center • Public education- Usable land in Birmingham park will not allow for everything • To set a national standard for city and parks • Help brand the city with the quality of our park and trails • Look nationally and internationally for great park examples • Build a park system that is interconnected by trails • Look at CT, VT, VA for rural park standards • Preserve rural view sheds • Uphold the city horse logo • Gain access / leverage public utility easements • Gain national recognition for our equestrian/ parks/ trails system • Use park land for education opportunities • Need to move away from the notion of recreation as only organized sports activities and explore other types of recreational activities for the parks system • Balance organized sports with ‘pickup games’ • Leverage conservation easements for wealth or private land access for trails • Comments and concerns • Bright lights • State of being beholden to public /private investment or to the private interest • Concern that one or two parks have to meet ALL the needs within the in boundaries The Public Involvement Program included Focus Group meetings two sets of public meetings. Three sets of meetings were scheduled: • Focus Group Workshop Series (November 17 and November 22, 2011) • Interactive Charrette Workshop #1 – MCPMP & Trail Update (November 29 and November 30, 2011) ෙ Day 1 – City of Milton Comprehensive Park Master Plan ෙ Day 2 – Trail Update • Workshop #2 – • Interactive Charrette Workshop #2 - Birmingham Park (December 14 and December 15, 2011) ෙ Day 1 – Programming ෙ Day 2 – Conceptual Design Needs/ Ideas • Nature center Birmingham park • Acquire land around Bell park • Expand baseball here and not at Birmingham park • Finish cleaning Providence park so it can be utilized • Explore waste management land to be use as park land (120 acres) • Partner with Alpharetta for North park • Talk to Birmingham United Methodist Church regarding using their land • Explore possibility to use land across from fire station / Birmingham park - Philips property 12 acres • Lackey property could possibly be a good equestrian park • Partner with schools to use school fields and courts • Acquire land while prices down • Pocket park at Hopewell + Thompson (old general store) Strengths • Equestrian • Lots of open space – need to preserve them • Private public partnership (bell park) can work well • Clean slate opportunity • Prevalence of informal sports activities • Biggest park in Fulton County • Unique green space • Large equestrian community • Gravel roads as part of trail system • Natural topography and woodlands • Indigenous wildlife – flora and fauna • Night sky preservation • Shared interest in ecology / preservation /environment • Economic wealth of the area • Park employment opportunities • Sense of community / ‘know your neighbors’ • School partnerships /churches • Milton’s historic structures • Milton City Mission & Vision statements as core values • Availability of raw land • Septic policies as a strength • Diversity of areas within the city- Allows for different types of parks and uses • Environmental restrictions – helps to preserve prized lands Moreland Altobelli Associates,Inc. OCTOBER 2012 67 City of Milton - Comprehensive Parks and Recreation Master Plan • What will the implementation phase look like? Will it balance all activities and interests • Need to balance design with preserving beauty and natural resources • Active space needs to buffered from passive space • Need to engage youth focus groups • Need for unstructured open space • Need room for entertainment in parks - Music/ Theatre/ Weddings/ Family reunions/ Celebrations Threats • Funding • Excessive development • Be cognizant of the reasons we move here • Beholden to investment in public /private deals • Loss of rural character • Loss of woodlands for permanent facilities • ‘Don’t build parks for beyond our citizen use’ • Need to put the parkland into a conservation trust for perpetuity • Milton county- Increased traffic from outside Milton • Grant money dries up • Land instability • Rushing with a plan could limit public input and compromise outcome • Undue influence of business/financial interest on park development Concerns • Cost vs benefit • Land acquisition • Deployment time • How to incorporate a Milton county- explore collaborations with various stakeholders to make this viable • Density – what is the optimum? • Desire to keep Birmingham passive in terms of the nature of development • Decision making is restricted to a few without much public accountability. This is counterproductive to all the efforts. • Providence Park being closed • Bell Park limited to only base ball as an activity • Non-ownership of North park • Risk of over development • Community sharing of school facilities • Shared use with Fulton county • Positives • Land available in Crabapple for pocket park and community center • Lackey site property in southwest Milton • Large equestrian community- Could bring business/ money to Milton. For example, Wood road has 100 horses • The size and aesthetic appeal of Birmingham park – equestrian trails very much possible within • Event hosting opportunities at Hopewell house B Comprehensive Parks and Recreation Master PlanCITY OF MILTON Appendix B: Photo Inventory Moreland Altobelli Associates,Inc. OCTOBER 2012 69 City of Milton - Comprehensive Parks and Recreation Master Plan Photo Inventory Moreland Altobelli Associates,Inc. OCTOBER 2012 70 City of Milton - Comprehensive Parks and Recreation Master Plan Moreland Altobelli Associates,Inc. OCTOBER 2012 71 City of Milton - Comprehensive Parks and Recreation Master Plan Moreland Altobelli Associates,Inc. OCTOBER 2012 72 City of Milton - Comprehensive Parks and Recreation Master Plan Moreland Altobelli Associates,Inc. OCTOBER 2012 73 City of Milton - Comprehensive Parks and Recreation Master Plan Moreland Altobelli Associates,Inc. OCTOBER 2012 74 City of Milton - Comprehensive Parks and Recreation Master Plan Moreland Altobelli Associates,Inc. OCTOBER 2012 75 City of Milton - Comprehensive Parks and Recreation Master Plan Moreland Altobelli Associates,Inc. OCTOBER 2012 76 City of Milton - Comprehensive Parks and Recreation Master Plan Moreland Altobelli Associates,Inc. OCTOBER 2012 77 City of Milton - Comprehensive Parks and Recreation Master Plan Moreland Altobelli Associates,Inc. 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