CITY OFHOSCHTON CITY COUNCIL  THURSDAY, JUNE 13, 2024 AT6:00PM HOSCHTON COMMUNITY CENTER 65 CITYS SQUARE, HOSCHTON  H HOSCHTON  WORK: SESSION AGENDA  CALLTOORDER AGENDAAPPROVAL NEW/BUSINESS  REPORTS BYI MAYOR, COUNCIL, ANDSTAFF 1. FY2023 Audit Presentation  2. Resolution 2024-28: Amendment of American Relief Fund Budget FY 2023 3. Resolution 2024-29: Amendment of SPLOST Budget FY 2023  4. Amendment to preliminary plat condition #4--WJMP, LLC (West Jefferson townhomes) 5. Resolution 2024-31: Dedication of Streets--Crystal Lake Parkway and Burton Drive 6. Consideration to reinstate changing Preliminary Plat Process change from 35 days to 60 days.  7, Preliminary Plat for Towne Center Marketplace (i.e. Kroger Assemblage)  8. Resolution 2024-24: Intergovernmental Agreement with. Jackson County Regarding Special  Purpose Local Option Sales Tax (TSPLOST)  9. Hoschton Exit Sign on I-85  10. Resolution 2024-32: W. Broad St. Road Paving 11. Resolution 2024-25: Water First Rebate Program  12. Resolution 2024-33: Updating and Revising the City's Fire Suppression Connection Fees  13. Resolution 2024-26: GEFA Loan Agreement #CW2022013 14. Resolution 2024-27: GEFA Loan Agreement #CW2024006  15. Resolution 2024-22: Personnel Policy Amendment-bereavement Leave  16. Resolution 2024-23: Personnel Policy Amendment-Defning 'Immediate Family Member"    CITIZEN INPUT ADJOURN  EXECUTIVE SESSION (IF NEEDED)  Announcements:  June 22nd @ 6:00pm: Planning & Zoning Commission Meeting June: 27th @ 6:30pm: Community Conversations: Open Forum Q&A July 8th @ 6:00pm: Downtown Development Authority Meeting  July 9th @ 9:00am:  Downtown Development Authority Retreat  CIVILITY PLEDGE  The way we govern ourselves is often as important as the positions we take. Our collective decisions will be better when differing views have hadi the opportunityt to be fully vetted and considered. AlL people havei the right to bet treated with respect, courtesy, and openness. We value all input. We commit to conduct ourselves at all times with civility and courtesy to each  other. CITY OF HOSCHTON RULES OF DECORUM  The purpose of the Rules of Decorum is tof foster an atmosphere of civil and courteous discourse, even and especially when discussing contentious topics, at all meetings held by the Cityof  Hoschton.  a. Rules applicable to the public  1. Each speaker will be given 51 minutes during public comment.  2. Each speaker will direct his or her comments toi the Mayor or presiding officers and 3. Each: speaker will refrain from personal attacks, foul or abusive language, and will 4. Each speaker will speak only tot the agenda item under consideration. This does not 5. Members of the audience will respect the rights of others and will not create noise b. Rules for Mayor and Members of Counci.Commitees. Boards, or Commissions 1. Members will conduct themselves in a professional and respectful manner at all  not to any other individual present.  maintain a civil and courteous manner and tone. apply during the Public Comment agenda item. orc other disturbances that will disrupt the meeting.  meetings.    MONTHLY REPORTS    City Manager Report May 2024  City Manager, Mayor, Assistant City Clerk and Councilmember Dave Brown met with Jackson County and all. Jackson County municipalities to discuss monthly round table City Manager met with GDOT to determine specifics with speed limit, golf cart routes The City Manager, City Engineering and supportive staff met on behalf of the CDBG The city Manager and Mayor attended a public meeting with GHMPO in Gainesville to learn more about future projects including transportation plani for Hoschton. The City of Hoschton was thrilled to have DCA (Department of Community Service) with us to tour one of our historic buildings that we now call "The Garden"at: 29 West Broad The City Planner and City Manager met with developers on several upcoming projects that have been zoned for commercial development and residential development. The City Manager conducted a Staff Meeting with all departments. City Manager and Finance Director attended a ARC Grant Workshop  feedback in our county. and future planning.  Grant for thei future project of Panther Court.  Street.  City Manager & Stormwater Director are working on a project to have all stormwater City Manager is working on a master plan with all City projects status and timeline. Ab bid was conducted to have contractor recommendation for paving of west broad Newo opportunities have been given to the city to obtain more LMIG (Local Maintenance &improvement Grant) from GDOT. We plan to use this money to re-strip necessary  ponds cleaned and maintained.  street. This will take place Summer of 2024.  roads in city.  City Staff are working on our WaterFirst Program. We hope to have this completed within 30 days.  City Staff are working on obtaining quotes to correct issues with cabin drive sidewalks. The Basketball Court on Cabin Drive is now complete and ready for our citizens to The erosion issue ont the corner of 332 and New Street has been repaired and is  enjoy! completed. Respectfully: Submitted, Jennifer Harrison    2024 Budget Projects  City Project Mulberry Park (153 Mulberry) WWTP Phase 2 5to .95MGD Water Booster Pump WWTP Phase 3 .951 to2.0MDG Main Water Line Upgrade Phase 1B South Water Tank Broad Street Paving Public Works Building Panther Court  Est. Cost $1.5Mil  Grant $500,000 LWCF $2.2Million SLFRF Grant $440,000 SLFRF Grant No  Est. Completion Winter 2026  Project Fund General  $251 Mil  Fall 2025  Sewer  $720,000  Winter 2024  Water  $8Mil  Winter 2028  Sewer  $948,431.00 (Under Budget)  Spring 2025  Water  No  3,015,906.00 $1 Million. ARC Winter 2025  Water  (Under Budget) $314,845.00  $45,312.19 LMIG No $600,000 CDBG TBD  Summer 2024  General  $812,784.50 $1.2Mil  Winter 2024 Winter 2024  General Sewer  Parking Deck  TBD  TBD  General  pg.3    Building Department Activity Report for May 2024  Permit activity 67Total permits issued Inspection. Activity  60werei for new: single family residences 756 inspections were completed Approximately 82% passed Kroger has submitted permits Two smaller commercial buildouts Code Enforcement Activity Neighbors in Deer Creek Farms  Commercial Projects  Publixi is progressing, they still play for al late fall opening  One on E. Jefferson and one on Jackson' Trail Each filed a complaint against the other One for1 the state of the neighbor's porch on the property visible from neighboring property. Citizen inquired about erosion in his yard.  The other fori neighbor's flood lights shining through windows and cars stored  Onei in Cresswind Looking Ahead  Kroger has submitted permits and I've reviewed their plans, but until their plat  process is complete, Iwill noti issue building permits    CITYOFHOSCHTON, GA CONSULTING CITYPLANNERS REPORT ACTIVE, ONGOING AND FUTURETASKS June 5, 2024  Category Annexation/ zoning Development Permit App. Development Permit. App. Development Permit App. Development Permit App. Development Permit. App. Development Permit App. Development Permit. App. Development Permit. App. Development Permit App. Development Permit. App.  Description ofTask Sell and Swafford' Tracts (Providence Received Group - Addition to Aberdeen) Hoschton Animal Hospital 3411 lots on 180.06 acres (111.53 disturbed) Heartland Dental Cresswind Phase 7 WestJefferson Tract Land LDP) West. Jefferson Tract (development permit) Force Main Henry Street Townhomes (24 fee simple townhouses) development plans Cresswind Lower Lake Dam Restoration units)  Status Received. 4/15/24; complete 4/20/24 Planning 1st review complete; 3/25/24 Planning 1st review complete 4/24/24 Disturbance only Received and distributed 5/15/24  Notes Process: for. July Planning 1st  distributed. 4/23/24 Review V5/06/24  Cresswind at Twin Lakes Phases 6&8 Planning 1st review  Resubmission received5/29/24  Approved and signed May 15, 2024  Development (Revision #1t toapproved 5/15/24 Land West Jefferson' Tract Pump Station and Approval pending Kroger (Towne Center Marketplace) LDP provisionally  5/15/24 engineer 5/14/24 May 29, 2024  2nd Submission 3-6- Hold per City conditionally: issued Approved by SWCC April 23, 2024 4-15-24; LDPi issued 4-23-24  24  Preliminary Plat Tribute (Rocklyn Homes PUD)(1,051 Approved conditional May: 21, 2024 Preliminary Plat "Aberdeen" (Formerly East. Jefferson Approved conditional May 21, 2024;  Tract) Providence Group (334 units)  signed 6/5/24 June 18, 2024  Preliminary Plat Kroger (Towne Center Marketplace) Final Plat Major Cresswind Phase 5 Final Plat Minor Swafford lot split (part Final Plat Minor Sell (administrative)  Scheduled City Council Withdrawn Approved and released for recording Adopted Planning Commission approved 5/22/24 Planning Commission approved 5/22/24 Planning Commission approved 5/22/24  Approved conditional May: 21, 2024  unincorporated)  5/015/24 Pending  Ordinances Ordinances Ordinances Ordinances  Recodify zoning and subdivision ordinance toi include adopted amendment (TA: 2024-01 + subdivision ordinance amendment TA: 2024-02 Zoning ordinance amendment (PUD: zoning district) TA2024-03 Zoning ordinance amendment (MU: zoning district) TA2 2024-04 Zoning Ordinance amendment (reversion ofapproval)  June City Council June City Council June City Council    Consulting City Planner's Report, 06/05/24  Category  Description of Task  Status City manager county manager Underway: Target June: 2024 completion June 26, 2024 (15t) Planning Commission approved 5/22/24 Adoption by October 31st approved 5/22/24 Adoption by October 31st 2024  Notes No deadline  Administration Intergovernmental agreement with Special Projects 10-year Study (Budget Projection Special Projects Planning Commission Training Special Projects Annual update of Capital  Jackson County for collection ofcounty initiated contact w/ established  development impact fees (Z-23-03) based on Development Buildout) Improvements Element and Community' Work Program of Comprehensive Plan  June City Council  Special Projects Amendment to comprehensive plan to Planning  June City Council  update February 2021 futurel land use Commission  plan  Special Projects 5-Year update of comprehensive plan Begin Nov. orl Dec.  October 2025 deadline  (requires steering committee)  June5,2024  2    Police Department Report 05/31/2024  1. Reports and Citations- The Police Department generated right at 1100 incident numbers since Jan. 1a and wrote 41 citations in the month of May.  2. Court- We will have court again on June 20th at City Hall.  3. Employees- We have hired David Emerson as a Police Officer. He previously worked at Commerce PD and has three years of experience and a military  background.  4. Mobile Computer Update- The contract for the mobile service has been submitted to the company and they should be working on building our mobile service now. All employees have completed the required GCIC training to run GCIC (tags and license) via a computer in the car.  5. GCIC-S Sheryl had a "mock audit" from GCIC and they got us up to date on what we need to have our own GCIC terminal to run criminal histories and enter our warrants which is currently done by 911 dispatch.  6. Equipment- Ihave purchased Streamlight rechargeable flashlights for the guys that work evening shift. They were installed in both vehicles.    PW Department Activity Report-May 2024  A. Week 1 (4.29.24) b. Brush cut  a. Cut. Josh Pirkle, Mulberry Area, White Street  C. Set-up for council meeting d. Built chairs for council e. Cut White Street well f. Trim limbs back at cemetery Cleaned up basement h. Changed oil in 2s/W trucks Removed Christmas tree from Larry's Changed oil in mule Removed signage from middle unit Weekly trash pick-up-City Hall/City Square m. Weekly set-up at community center 0. Weekly check for illegal R-0-W signs a. Loaded Christmas lights into container b. Trimmed back limbs in deer creek subdivision Moved speed limit sign to Caddo d. Took mule and golf cart to city hall e. Cleaned CC room Set-up for 4.7.24 council work: session g. Cleaned ROW in Deer Creek Sub h. Cleaned sewer plant and shop Repaired 260 gravely broken pulley Weekly trash pick-up-City Hall/City Square k. Weekly set-up at community center m. Weekly check for illegal R-0-W signs  g. i. j. k. I.  n. Weekly check of all streets signs for damage and maintenance  B. Week 2 (5.6.24)  C. f. i. j. I.  Weekly check of all streets signs for damage and maintenance  Week 3 (5.13.24) a. Set up for DDA b. Build shelf for city hall  C. f. g. Cut grass i. j. k.  Measured additional sidewalk repair areas d. Cleaned out electrical room ini the plant e. Moved compressor and air lines Moved records to records room h. Assisted W/S with service tiei in at storage Seed and straw pearl industrial service tie in Weekly Truck checks (Maintenance and tools) Weekly trash pick-up-City Hall/City Square    I.  Weekly set-up at community center n. Weekly check fori illegal R-O-W signs a. Set up for Staff meeting in CC b. Cut putters and Larry's C. Sprayed weed killeri in town d. Scraped and cut parking area  m. Weekly check of all streets signs for damage and maintenance  D. Week 4 (5.20.24)  e. Weekly Truck checks (Maintenance and tools) Weekly trash pick-up-City Hall/City Square g. Weekly set-up at community center Weekly check for illegal R-0-W signs Removed trash along Peachtree road Monthly Safety and MS4: staff meeting a. Installed awning at coffee shop b. Met with grading for PW Building C. Patched pothole on Peachtree d. Cleaned up buildings at mulberry house e. Cut grass for Spring fling Remove flags g. Set up for bid opening  f. i. j. k. E. Week 4 (5.27.24)  h. Weekly check of all streets signs for damage and maintenance  f. h. i. j. I.  Weekly Truck checks Maintenance and tools) Weekly trash pick-up-City Hall/City Square k. Weekly set-up at community center m. Weekly check for illegal R-O-W signs n. Removed trash along Peachtree road O. Monthly Safety and MS4 staff meeting  Weekly check of all streets signs for damage and maintenance    CITYOF  HOSCHTON  May 2024 Monthly Report  Water  Daily water route check of connections, water tank and random sample sites  Daily checks and operations of both city wells  Daily water sampling Weekly well cleanings  Monthly Meter high usage and non-read meter reading  Pulled monthly Reporting EPD Samples Replenished Chemicals at both Wells  Pulled monthly Bacteriologica samples throughout water system. Daily utility locates, 482 water/sewer locates for the month of May. Completed and Submitted Monthly Water Reports to EPD  Recorded all daily, weekly, and monthly Data.  Installed 75 New Water Meters  Pulled May's Microbiological Samples on Wednesday (7 samples), and delivered to the  laboratory.  Flushed all Random Sample sites throughout the water system Completed and submitted the Monthly Water System Reports to the EPD.  Water Meter inventory  Griffin Brothers came out and started removing trees on HWY 53 for water line project. Pulled required quarterly water samples for the EPD and shipped to the laboratory. Process Worx came out and raised the SCADA antenna at White street Well to improve  Cleaned Work Trucks the communications link.  Started training Dylan in the Water Dept. trash/debris in the creek beside his house.  Met with Roland Weckenmann at 378 Deer Creek Trail about some drainage issues and    Assisted Skyline with finishing up installing water service for the Storage Facility on Pearl  Ind.  Began training Dylan in the water dept.  Skyline began work installing the water service for the storage unit at Pearl Industrial Griffin Bros. began laying new 12 inch water main down White Street starting at the  Ave. Assisted  West Broad street intersection.  Tested water system Pressure in Alma Farms in several areas  Patched asphalt on Pearl Industrial from pavement cut for water service installation Coordinated and shut down water main on White street for Griffin brothers to perform  water valve and line cut-in for new Water main.  Had Tacoma Truck serviced  Ordered the Tommy Gate for one of the Utility Trucks.  Met with builder on Bell Avenue about water and Sewer service connections for new  houses.  Had Staff uncheon/meeting. EPD lab in Norcross.  Pulled water samples for quarterly EPD required testing and delivered the samples to  Repaired Chlorine pumps at both wells  Met with Wildflower HOA about Creek cleanup on their property  Monthly Meter Re-reads  Delivered Chemicals to White Street Well. Meeting With Cintas Uniform Company  Met with GA Safe Sidewalks about sidewalk repair on Cabin Drive Located Water main at West Jefferson and HWY53 Met with Grader for New PW Building  Wastewater  Daily Plant check of equipment and processes Daily sampling and testing of plant Effluent Daily Instrument calibrations Daily lab equipment temperature checks Weekly process control lab work  Weekly Automatic samplers turned on and checked    6 S a a @ o  a M a & de et la @ 3 V B 5 o de C a a e 5 C a o  00 a  00 Y D o g € 9 2 a de a = e de 6 E N U 5 : 5 10 a E le B e de - a o a - D0 E a > 5  1 e a S 0 a  & 45  A E $ @ D a X e 5 @ @ > 3 3 @ @  a @ 5 = E E de o V I e @ - : @ I E de 9 e E  O  L  , - LL , 10 3 - a e S U C De 5 5  L 2    NEW BUSINESS  ITEM # I  FY 2023 Audit Presentation  (No Documents)    NEW BUSINESS  ITEM #2  Resolution 2024-28: Amendment to American Relief Fund Budget FY 2023  Presented With Adit    NEW BUSINESS  ITEM #3  Resolution 2024-29: Amendment to  SPLOST Budget FY 2023  Presemted Wh Audit    NEW BUSINESS  ITEM # 4  Amendment to preliminary plat condition #4--WJMP,  LLC (WestJefferson townhomes)    Jerry Weitz & Associates, Inc. Planning & Development Consultants 1225 Rucker Road, Alpharetta, Georgia 30004 Phone: (404)502-7228 E-Mail: weiz@belsouth.net  Growth Management Comprehensive Planning Zoning &L Land Use Regulations Land Development. Appliçations Expert Testimony Zoning Administration  MEMORANDUM  TO: FROM: DATE: RE:  Honorable Mayor and City Council, City of Hoschton Jerry' Weitz, Consulting Planner, City of Hoschton  June 4, 2024  City Council June 13th Work Session Agenda Item: Application for modification of condition #4 of preliminary plat approval for West Jefferson Townhouses, G.P.'s Enterprises, Inc., owner. 193 fee-simple townhouse lots/ units on 27 acres oni the north side of West Jefferson Street (Map/Parcels 109/004S1, 120/004A, and 120/005A), zoned MFR Conditional per Ordinances Z-21-07 and Z-22-01 and Resolution V-21-12 (stream buffer) (staff  recommendation: approval)  The project, known as West Jefferson Townhouses, received zoning approval by council in 2021 and 2022 and also received preliminary plat approval from the city in 2022. A land disturbance permit has been issued for the site, and it has been graded. An application for Consulting planner recommended and council approved a condition of preliminary plat approval requiring the owner/ subdivider to specify the components of the amenity area and receive City Council approval oft them. That condition of preliminary plat approval calls for the applicant, prior to development permit issuance, to submit detailed plans and architectural elevations of the proposed amenities improvements for the subdivision for approval by City Council. Without compliance with this condition of preliminary plat approval, the development permit cannot be Notified of that issue, the applicant is requesting that the condition pertaining to submission to council of detailed plans and architectural elevations not be required until the building permit stage, sO as to allow the development permit to proceed. Please see the attached letter from The basis for the request, per the applicant's letter attached, is that the applicant is the land developer but will not be constructing the homes in the subdivision. The applicant would like the homebuilder to be responsible for this task, and a homebuilder has not yet been determined. Per the applicant, the homebuilder will be better able to determine the appropriate composition  development permit is pending.  issued.  G.P.'s Enterprises.  and nature of the amenities package for the subdivision.  1    Modification of Condition #4 of Preliminary Plat Approval for West. Jefferson Townhomes  Consulting planner recommends approval of the request. Approval of the request will simply defer the requirement to a later stage oft the development and construction process.  Recommended Motion: read as follows:  "Imove to modify condition #4 of preliminary plat approval for West Jefferson Townhouses to The appropriateness of amenities for the development is subject to the approval of the City Council. The owner shall submit a more detailed conceptual site plan and architectural elevation drawings of building(s) int the amenities area for approval by the City Council prior to building  permit approval." Alternative Motion:  "In move to deny the applicant's request for modification of condition #4 of preliminary plat  approval for West Jefferson Townhouses."  Attachments  2    Modification of Condition #4 of Preliminary Plat Approval for West. Jefferson Townhomes  WJMP, LLC P.O. Box 906 Braselton, GA 30517  May 22, 2024 City of Hoschton  Jerry Weitz, PhD, FAICP, Consulting City Planner 610 City Square Hoschton, GA 30548  RE: Amendment to Conditions for West Jefferson Fee Simple Townhomes  Dear Dr. Weitz,  WJMP would like to request an amendment to conditions for preliminary plat approval adopted by the Hoschton City Council October 24, 2022. The current condition requires that a detailed conceptual site plan and building elevations be provided prior to issuance of a development permit. WJMP will be developing the property as finished lots only, but will not be the builder. Typically a home builder will design a specific amenity package based on their assessment of As a homebuilder will likely not be selected until development is well underway, it would be most appropriate for this approval to be required prior toi issuance ofa a building permit to the home builder, rather than a development permit to the  things like location, demographics, and community size.  developer.  Specifically, we request to amend condition #4 as follows:  "The appropriateness ofamenities for the development is subject to the approval of the City Council per conditions ofz zoning approval. The owner shall submit a more detailed conceptual site plan and architectural elevation drawings of building(s) in the amenities area for approval by the City Council  prior to eyelopmentperme building permit approval."  Sincerely, Aaron Lemlz WJMP, LLE  4 heny  3    Modification of Condition #4 of Preliminary Plat Approval for West. Jefferson Townhomes  ik   TREF  STBEET  WEST  EEEL  Preliminary Plat Excerpt  CAUserslerry! Wet2DoumansComsaliny, 20212 2-20-24Hoschlon; 2021PlatsiWest. Jefferson TownhomesMoalication: 20241Memo!  Preliminary Platv Wesl. JeffersonT Townhomese 6-4-24.docx  4    NEW BUSINESS  ITEM #5  Resolution 2024-31: Dedication of Crystal Lake  Parkway and Burton Drive    CITY OF HOSCHTON STATE OF GEORGIA  RESOLUTION 24-31  AI RESOLUTION ACCEPTING FROM KLP TWINI LAKES, LLC  THE DEDICATION OF 1.363 ACRES OF RIGHT OF WAY AND 1,1341 LINEAR FEET OF STREET NAMED CRYSTAL LAKE PARKWAY AND BURTON DRIVE (PART), AUTHORIZING THE RECORDING OF A DEED, AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SURETY AND FOR OTHER PURPOSES WHEREAS, KLP Twin Lakes, LLC, is the owner and developer of property improved as Crystal WHEREAS, a dedication plat of the roads proposed for acceptance by the city has been prepared WHEREAS, the city's public works director has inspected the streets proposed to be dedicated WHEREAS, the dedication ofs said streets is not final until the owner submits and the City WHEREAS, the owner has prepared and submitted a warranty deed for purposes of conveying  Lake Parkway and part of Burton Drive; and  and recorded; and  and recommends that the city accept them; and  Council accepts the dedication via a warranty deed; and the streets and rights of ways to the city; and WHEREAS, said street have a value of$  according toi information provided by the  owner/ subdivider;  Now, therefore, IT IS RESOLVED by the City Council of Hoschton as follows:  Section 1.  The City Council hereby accepts 1.363 acres of right of way and the 1,134 linear feet oft roads named Crystal Lake Parkway and a Burton Drive (part), as shown on the dedication plat attached  to this resolution as Exhibit A, as public rights of ways and streets.  Section 2.  The city attorney is authorized to record the warranty deed transferring ownership oft the subject  property tol be dedicated to the city.  Section 3.  The city is authorized to release the maintenance guarantee on file relative to Crystal Lake  Parkway and part of Burton Drive.  1    Resolution 24-  SO RESOLVED this day of  2024,  This ist to certify that I am City Clerk oft the City ofHoschton. As such, Ikeep its official records, including its minutes. In that capacity, my signature below certifies this resolution was adopted as stated and will be recorded in the official minutes.  Debbie Martin, Mayor  Approved as to form:  Abbott S. Hayes, Jr., City Attorney  Jen Williams, Assistant City Clerk  2    Resolution 24-  Exhibit A  Plat of Dedication of Crystal Lake Parkway and Part of Burton Drive    SABONOIHNE  aapasapo BAVMMEVd V7 MISABO  CAUsersiery WeiaDaoumemsComaling: 20212  2tpdzaomsCosatad Pkwy   24-  CrysialLakc! Parkway andP PartofBurtont  3    NEW BUSINESS  ITEM # 6  Consideration to reinstate changing Preliminary Plat Process change from 35 days to 60 days.    Jerry Weitz & Associates, Inc. Planning & Development Consultants 1225 Rucker Road, Alpharetta, Georgia 30004 Phone: (404)502-7228 E-Mail: weiz@bellsouth.net  Growth Management Comprehensive Planning Zoning & Land Use Regulations Land Development. Applications Expert Testimony Zoning Administration  MEMORANDUM  TO: FROM: DATE: RE:  Honorable Mayor and City Council, City of Hoschton Jerry Weitz, Consulting Planner, City of Hoschton  June 4, 2024  City Council June 13th Work Session Agenda Item: Initiation of an Amendment to Section 409(d) of the Hoschton Subdivision and Land Development Ordinance to increase the time period for council consideration of a  preliminary plat to more than 35 days  Changes to codes such as the city's subdivision ordinance may be made, but it is customary practice for the City Council formally vote to initiate any such changes. Recently, in considering some complex preliminary plat applications, the City Council may have been constrained by a code provision (Sec. 409(d) oft the subdivision ordinance) that requires City Council to act on an application for preliminary plat approval within 35 days it first considered the matter. More time for City Council to consider preliminary plats may be warranted. Accordingly, per Council direction this matter would authorize the initiation of an amendment to Sec. 409(d) of the Hoschton subdivision and land development ordinance to increase the number of days City (d) The Hoschton City Council. shall approve, conditionally approve, or deny the preliminary plat application within thirty-five (35) calendar days from the date it first considers a preliminary plat application at one ofi its public meetings. The time limitation imposed in this Section shall be suspended when an applicant fails to attend the meeting at which his preliminary, plat application is scheduled for consideration by the Hoschton City  Council has to act on a preliminary plat application.  Council. Suggested Motion:  "Imove that the City Council initiate an amendment to the Hoschton Subdivision and Land Development Ordinance, Section 409, to increase the number of days City Council has to act on  a preliminary plat application." Alternative Motion:  None. No action is needed if council does not want to initiate the subject amendment.  Amendment6 C.Userserry! 6-4-24.0 WeizDocumenisComsuin: docx  20212 2-20-241Hoschton: 20211Subdivision! Lando Devo Ordinance: 2023Amendment Ordinancesi2024F Preliminary! Plalt Time PeriodMemol Initiale Subdivision Ordinance    NEW BUSINESS  ITEM # 17  Preliminary Plat for Towne Center Marketplace  (i.e. Kroger Assemblage)    Jerry Weitz & Associates, Inc. Planning & Development Consultants 1225 Rucker Road, Alpharetta, Georgia 30004 Phone: (404)502-7228 E-Mail: jweiz@belisouth.net  Growth Management Comprehensive Planning Zoning & Land Use Regulations Land Development. Applications Expert Testimony Zoning Administration  MEMORANDUM  TO: FROM: DATE: RE:  Honorable Mayor and City Council, City of Hoschton Jerry' Weitz, Consulting City Planner  June 3, 2024  Preliminary Plat for Towne Center Marketplace (i.e., Kroger assemblage): SEK Hoschton, LLC, by Tommy Saul and Robertson Loia Roof, applicant, SEK Hoschton, LLC, TNG Ironwood, LLC, and NIKE RDRE, LLC, property owners, seeks approval of 13 lots on 37.981 acres fronting on the north side of SR 53 and the east side of Towne Center Parkway (Map/Parcels 120/013K, 120/017C, H01/024D, 120/013J, H01/022, H01/023, H01/024A, H01/024 and H01/024B; includes a proposal to extend Peachtree Road as a new public street; C-2 (General Commercial Highway Oriented District) and C-3 Zoning per Ordinances Z-23-08, Z-23-09, Z-23-10, and Z-23-11 with conditional use permit per ordinance CU-24-01 for a big box retail store in a C-2 and C-3zoning district to exceed 60,000 square feet) [Consulting plannerecommendaiont approval]  SUMMARY OF PRELIMINARY PLAT PROCESS  The Zoning Administrator is responsible for administering the review and approval process for preliminary subdivision plats (Sec. 405 subdivision ordinance). The consulting planner serves as the city's zoning administrator. The Hoschton City Council shall review and have decision making authority on applications for preliminary plat approval and final plat approval for major subdivisions (Sec. 303 subdivision ordinance). The subject request is a preliminary plat for a major subdivision (more than five lots), plus the project requires a preliminary plat because Preliminary plats now require review and recommendation by the planning commission per a recent amendment to the subdivision ordinance. However, this application was filed prior to establishment of a planning commission in the city. Therefore, the application was not required Agency review is a part of the process. In Hoschton, the only local review agents are the city engineer and the zoning administrator, although input from city public works and utilities staff is also possible. The fire district will also review plans for compliance with fire suppression access requirements. In the case of a subdivision abutting a state route, state and local regulations require opportunity for the Georgia Department of Transportation (GDOT) to review and comment on a subdivision plat. The applicant has coordinated closely with GDOT on the project  there is a proposed public street involved.  to be reviewed by the planning commission.  1    Preliminary Plat, Towne Center Marketplace (Kroger Assemblage)  and has designed and acquired right of way for the improvement oft the intersection of SR53 The applicant initially filed for land disturbance and development permits before filing a preliminary plat. That review has been ongoing, and a land disturbance permit has been issued Upon completion of the agency review of a preliminary plat application, the Zoning Administrator shall schedule the application for the next regularly scheduled meeting of the Hoschton City Council and forward all pertinent materials in the application to the Hoschton City Council for The applicant or his or her authorized representative shall attend the Hoschton City Council meeting at which preliminary plat approval is sought. The Hoschton City Council may elect to take no action on a preliminary plat application unless the subdivider or his or her authorized Meetings of the Hoschton City Council during which a preliminary plat is considered shall be open to the public, but the Hoschton City Council shall not be required to provide notice to adjacent or nearby property owners of the application and shall not be required to convene a public hearing on the matter. This shall not preclude the Hoschton City Council from recognizing and hearing from any member of the public, when in its judgment it may be advantageous to do The Hoschton City Council shall approve, conditionally approve, or deny the preliminary plat application within thirty-five (35) calendar days from the date it first considers a preliminary plat PROCESS REGARDING LAND THAT IS SHOWN AS "RESERVED" ON THE CORRIDOR The project is required to comply with Hoschton's Subdivision Regulations, Sec. 602., "Conformance to Adopted Major Thoroughfare, Official Corridor Map and Other Plans." "All roads, multi-use paths, and other features of the adopted comprehensive plan shall be shown as reserved land on preliminary plats, when required, and development plans by the subdivider or developer in the location and, ifa any, to the dimensions indicated in the transportation element oft the comprehensive plan, official corridor map, or other transportation plan applicable in the city, as more specifically provided in Section 910 oft this ordinance." (this applies to land development plans and preliminary plats). The areas shown on the official corridor map as future road right of way" are "reserved land" and shall be shown as such on the preliminary plats and on development plans, and final plats (if applicable) in a manner consistent with this Sec. 910 subdivision and land development ordinance. A determination has been made by the zoning administrator that a public hearing called for by Sec. 910 of the subdivision and land development ordinance is not required, because the applicant has reserved all oft the land shown on the corridor map within its ownership as a public road right of way and the road is to be constructed in accordance with city standards. Iti is only when development is proposed  and Peachtree Road.  to allow for clearing and grading (but not development).  review and action.  representative is present.  sO.  application at one of its public meetings (Sec. 409 Subdivision Ordinance).  MAP  within reserved land that a public hearing is required by code.  2    Preliminary Plat, Towne Center Marketplace (Kroger Assemblage) CRITERIA FOR ACTION ON A PRELIMINARY PLAT  AI reduced version of the preliminary plat is provided at the end oft this report. In Hoschton, with respect to preliminary plats, the subdivision and land development ordinance is clear on what "The basis of the Hoschton City Council's action on a preliminary plat shall be whether the preliminary plat meets the purposes and requirements of this Ordinance and other applicable laws and is consistent with the comprehensive plan" (Sec. 409(e) subdivision Inc order toi fully evaluate these criteria, ini this report the consulting planner cites provisions of  the criteria are for approval of a preliminary plat:  ordinance).  the subdivision ordinance and comprehensive plan and makes findings.  EXISTING ZONING AND ZONING CONDITIONS  The assemblage is subject to several rezoning ordinances approved in October 2023, as shown in the agenda title, and conditions of approval of a conditional use permit. There are conditions of approval overlapping these parcels. The zoning and conditional use permit conditions of approval include, among other things, requirements toi improve SR 53 (especially the intersection with Peachtree Road), pay for traffic signalization at Peachtree Road and SR53 (including Peachtree Road extension), construct the Peachtree Road extension, install a multi-  use path along the property frontage. LOCATION AND PROPERTY DESCRIPTION  The subject property is an assemblage of multiple parcels with frontage on SR53 at the current end of Peachtree Road and frontage on the east side of Towne Center Parkway (see survey below). Most oft the property is vacant, and those parts that have been developed have a number of structures proposed to be demolished. Proposed demolition includes a historic residence that the city's Historic Preservation Committee recommended that the developer The applicant proposes to develop the principal site (lot 1 containing 13.90 acres) for a Kroger grocery store and a Kroger fueling center on lot 6( (1.44 acres). Other uses are anticipated to be commercial in nature, but specific uses on other parcels have not been disclosed and are not  retain.  currently known.  3    Preliminary Plat, Towne Center Marketplace (Kroger Assemblage)  ATANSPELWMOTMEAD: BOUNDARY SURVEYOF: RLRI HOSCHTON MOXSONCOUMT.OEOROA CYOFH HOSCHTON G.M.D.1407  422"  E  E  B  ISSUES ASSOCIATED WITH THE PRELIMINARY PLAT  Additional right of way needed for Peachtree Road Extension. At this time, not all of the right of way needed for Peachtree Road Extension is provided on the plat or in development plans. The applicant does not control the parcel of land at the intersection of Towne Center Parkway and SR 53. There is a 44-foot-wide access and utility easement along the common property line oft that parcel and the applicant's property. The Peachtree Road extension is designed to go through the edge of this property within the easement, but the applicant does not currently own all of the right of way needed to be dedicated for the Peachtree Road Extension. The city approved a variance to a building setback applicable to this corner piece, lifting one of the potential objections of the owner to dedication of land, and int the hopes that that owner will voluntarily dedicate the remaining right of way needed. Soi far, the owner of the corner parcel has not agreed to dedicate the right of way. The owner/ applicant (Kroger) is attempting to acquire this site sO that the additional right of way can be dedicated. If that additional parcel is acquired, it will be desirable to include that land in the preliminary plat as a subsequent  amendment.  4    Preliminary Plat, Towne Center Marketplace (Kroger Assemblage)  Vehicular and pedestrian connections to Jopena Boulevard. Prior to submission of development plans, planning consultant proposed another public road project, the extension of Jopena Boulevard, through the site. That proposal was made a part of the "corridor map" proposed at the time but was removed from further consideration based on the applicant's concern that it would not work with the intended grading plan for the Kroger building site. Currently, the lot proposed behind the Kroger building is proposed to have frontage along a minimal (30-foot-wide) strip of land going out to Towne Center Parkway. This meets minimum code requirements but is not optimal. Planning consultant has proposed that the applicant try to acquire additional land along Jopena Boulevard to provide additional improved access toi the lot proposed behind the Kroger store (current use not specified at this time). The applicant is reportedly in discussions with the current property owner about the prospect of acquiring that site to provide better frontage and access to Lot2 2. Doing sO might even allow for a driveway around the rear of Kroger that could ultimately connect Jopena Boulevard with Peachtree Road Extension. If the applicant acquires additional land, it will be desirable to include that int the Pedestrian access to townhouses. Consulting planner ençouraged the applicant to provide pedestrian access to the Cambridge at Towne Center townhouse project to the north, and the applicant has reportedly arranged to provide pedestrian access to and from the grocery store to Interparcel vehicle and pedestrian access to Hoschton Exchange LLC property. Where opportunities for shared access have been identified by the Zoning Administrator, developments must provide shared access with adjoining properties to facilitate frontage roads andlor driveway connections between parcels. The property owner shall grant an access easement to facilitate the movement of motor vehicles and pedestrians from site to site." The provision of vehicular and pedestrian access to property fronting on SR 531 to the southeast (Hoschton Exchange LLC) has been considered, but interparcel access to that site is also constrained by topography and may not be essential given the intended use oft the abutting site as a medical Small size of outparcels (proposed lots 4 and 5). There is no minimum lot size required for commercial zoning districts. Most of the proposed lots are of sufficient size, but there are two lots at the entrance that are much smaller than one acre, and consulting planner has raised concerns and has been in discussion with the applicant about that issue. The primary concern is that the lots will wind up being too small to develop without building setback variances or other regulatory relief. Consulting planner suggested making these lots larger by shifting the property lines further to the west. At this time, the applicant has indicated it does not propose any revision to lots 4 and 5 but that they are likely to wind up combining the two lots and that Electric vehicle charging stations. A condition of zoning approval recommended but did not require the applicant to provide two electric vehicle charging stations. Though not required, Shopping center covenants. Subdivisions that are subject to covenants, conditions and restrictions are required to submit proposed restrictions to the city for consideration. The preliminary plat has been designed with three large stormwater ponds to the east of the subdivision boundary. These will serve all lots in the subdivision. There will need to be shared responsibilities for maintenance of the stormwater ponds. It is recommended that the applicant  preliminary plat as a subsequent amendment.  the townhouse project.  office building. Therefore, it has not been made a requirement.  variances for building setbacks will not be requested.  these are still recommended.  5    Preliminary Plat, Towne Center Marketplace (Kroger Assemblage)  share drafts of shopping center covenants for review and comment. Though city approval is not necessarily required, these provisions can govern architecture, signage, stormwater management, shared parking arrangements, inter-parcel access easements, and other considerations that ultimately have a bearing on regulatory compliance. A review can ascertain Pedestrian access within Kroger parking lot. There is no clear path for pedestrians from outlots 1 and 2 to the Kroger building entrance. There should be a direct path delineated and Combination plat. At some point to be determined, a consolidation or combination plan should  whether such conflicts or potential conflicts occur. reserved for pedestrians through the parking lot.  be prepared.  FINDINGS REGARDING CONSISTENCY WITH COMPREHENSIVE PLAN regard to the preliminary plat's consistency with the comprehensive plan:  As already noted, the decision to approve a preliminary plat is based in part on an analysis of consistency with the comprehensive plan. Listed below are consulting planner's findings with 1. The subject development is an outstanding opportunity for the city to expand the city's economic base and increase employment opportunties, consistent with applicable plan 2. The proposed Peachtree Road extension, incorporated into the preliminary plat, is consistent with the city's adopted corridor map and also consistent with the following policy for road connectivity: "new roadways except low volume, local residential subdivision streets, should connect at both termini with the existing road network." 3. The subject property once developed as a grocery store, fuel center, and commercial outlots, will increase traffic along SR 53. However, the nature of commercial uses is such that they will rely in significant part on passer-by traffic, as opposed to creating all new vehicle trips. The commercial outlots, as proposed, will be accessed by a parallel (frontage) road (i.e., Peachtree Road Extension) connecting the rest of the property assemblage to Towne Center Parkway and SR 53 at Peachtree Road. Via prior submission of a traffic study, with conditions of zoning approval pertaining to road improvements along SR 53, and via review by the Georgia Department of Transportation, the proposed project will adequately address access management principles and will not pose an undue burden on the transportation network. Conditions ofz zoning approval will ensure appropriate improvements with regard to access onto SR  policies.  53 and frontage road construction.  RECOMMENDATION Approval  6    Preliminary Plat, Towne Center Marketplace (Kroger Assemblage)  SIVIDOSSV DVMIINWVW? INED  IINSDINAOL 3DVlAI3waVW NO4 KAVNIWIENd  I0OM VIOT NOSIN3RON IU  Preliminary Plat  7    NEW BUSINESS  ITEM # 8  IGA with Jackson County regarding  TSPLOST    CITY OFHOSCHTON STATE OF GEORGIA  RESOLUTION: 2024-24  TSPLOSTI INTERGOVERNMENTAL AGREEMENT  WHEREAS, the Georgia General Assembly through Chapter 8 of Title 48 of the Official Code of Georgia, authorizes the imposition of a single county Transportation Special Purpose Local Option Sales and Use Tax (TSPLOST) to fund authorized transportation purposes for the use and benefit of Jackson County and qualified Municipalities within Jackson County, including the WHEREAS, in accordance with O.C.G.A. $48-8-262(a)(1), Jackson County andi its Municipalities have determined that the majority of counties in the region have not proposed a referendum ona WHEREAS, the governing authorities of Jackson County and the Municipalities within Jackson County met together on May 6, 2024, to discuss possible projects and purposes for inclusion in the Transportation Special Purpose Local Option Sales and Use Tax referendum in conformity WHEREAS, Jackson County and the Municipalities within Jackson County desire to execute an Intergovernmental Agréement in order to place before the voters of Jackson County the question whether a Transportation Special Purpose Local Option Sales and Use Tax should be utilized as NOW, THEREFORE, BE IT RESOLVED THAT the governing body for the City of Hoschton does hereby approve the ntergovernmental Agreement relating to TSPLOST, which is attached hereto as Exhibit "A,"and authorizes the Mayor, City Manager, and City Attorney to execute an agreement in substantially the same form as that Agreement attached hereto as Exhibit "A" on behalf of the City of Hoschton, Georgia, as well as any and all such other documents as may be  City of Hoschton; and  regional special district transportation sales and use tax; and  with the requirements of O.C.G.A. S 48-8-262(a)(2); and  a tool to help manage transportation challenges.  necessary to effectuate the provisions of said Agreement.  Adopted this 18th day of June, 2024.  Debbie Martin, Mayor  This ist to certifyt that lam City Clerk oft the City of Hoschton. As such, IK keepi its official records, including its minutes. Int that capacity, my signature below certifies this resolution was adopted as  stated and will be recorded int the official minutes.  ATTEST:  City Clerk 4871-1820-5635, v.2    INTERGOVERNMENTAL AGREEMENT BETWEEN. JACKSON COUNTY, GEORGIA, THE CITIES OF ARCADE, COMMERCE, HOSCHTON, JEFFERSON, MAYSVILLE, NICHOLSON, PENDERGRASS ANDTALMO, ANDTHE TOWN OF BRASELTON FOR THEJ JACKSON COUNTY: 2024 TRANSPORTATION  SPECIAL PURPOSE LOCAL OPTION SALESTAX  THIS INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as the between JACKSON COUNTY, GEORGIA, a political subdivision of the State of Georgia (the "County"), the cities of ARCADE, COMMERCE, HOSCHTON, JEFFERSON, MAYSVILLE, NICHOLSON, PENDERGRASS and TALMO, municipalities of the State of Georgia located in the County (hereinafter individually referred to as the "City" and collectively referred to as the "Cities"), and the Town ofBraselton, ai municipality ofthe State of Georgia located in the County  "Agreement") is entered into, effective as of this  day of  2024, by and  (hereinafter the "Town").  WITNESSETH:  WHEREAS, Article IX, Section III, Paragraph Ic ofthe Georgia Constitution authorizes the entry ofintergovermental agreements by counties and municipalities fort thej provision ofservices, activities, and facilities whichi the contracting parties are: authorized by law to undertake or] provide; WHEREAS, O.C.G.A. $ 48-8-260, et seq. (hereinafter the Act"), authorizes the levy ofa one percent Transportation Special Purpose Local Option Sales Tax (hereinafter TSPLOST") within the special district which is coterminous with the boundaries of the County (hereinafter  "Special District") upon the approval oft the voters therein;  WHEREAS, the Cities and the Town constitute all of the qualified municipalities located WHEREAS, the County is not located within a special district levying a special sales and WHEREAS, the County is not located in a region of the State wherein ai referendum on a special sales and use tax under Article 5 of Chapter 8 of Title 48 of the Official Code of Georgia  within the Special District;  use tax pursuant to Article 5 of Chapter 8 ofTitle 48 oft the Official Code of Georgia;  has been proposed, as defined by O.C.G.A. 48-8-262(a)(1);  WHEREAS, a tax is currently being levied and collected in the County pursuant to Part 1 WHEREAS, the County is not a Metropolitan County Special District as defined in and governed by Part 2 of Article 5a of Chapter 8 ofTitle 48 oft the Official Code of Georgia; WHEREAS, the County, the Cities, and the Town desire for the County to submit to the voters thereof on November 5, 2024 the question of whether to impose a one percent TSPLOST ini the Special District beginning on April 1,2 2025 (hereinafter the "2024 TSPLOST");  ofArticle 3 of Chapter 8 ofTitle 48 ofthe Official Code of Georgia;  1    WHEREAS, the Act authorizes the County, the Cities, and the Town to enter into an intergovernmental agreement in order, among other things, to memorialize their agreement to the imposition of the 2024 TSPLOST and the rate of said tax, to establish the distribution of the proceeds of the 2024TSPLOST, and to establish the transportation purposes and projects that will  be funded with said proceeds;  WHEREAS, on May 6, 2024, the County, the Cities, and the Town met to discuss the imposition of the 2024 TSPLOST, the rate of said tax, the allocation of the proceeds therefrom, and possible transportation purposes and projects to be funded from the proceeds therefrom,  pursuant to O.C.G.A. $48-8-262(a)2);  WHEREAS, said meeting between the County, the Cities, and the Town was preceded by awritten notice oft the date, time, place, and purpose ofs said meeting being mailed or delivered by the County to the mayor of each ofthe Cities and the Town such that said notice was received by each mayor at least ten days prior to said meeting, pursuant to O.C.G.A. $48-8-262(a)2); and WHEREAS, the County, the Cities, and the Town desire to enter into this Agreement for the imposition of the 2024 TSPLOST, the rate thereof, the allocation oft the proceeds therefrom, and the identification of the transportation purposes and projects to be funded therefrom.  NOWT THEREFORE, in consideration oft the mutual promises and understandings made in this Agreement, and for good and valuable consideration, the receipt and sufficiency of which is  hereby acknowledged, the County and the Cities consent and agree as follows:  SECTION1  REPRESENTATIONS: OF THE CITIES  Each oft the Cities and the Town hereby represents that:  (a) Itisar municipal corporation as defined by law and judicial interpretation and a "qualified municipality" as such term is defined in the Act and has been duly authorized to execute and deliver this Agreement and to perform its obligations hereunder,  and such authorization has not been revoked or rescinded.  (b) The execution and delivery oft this Agreement by the City or Town, and the performance ofits obligations hereunder, does not violate any provision ofthe Constitution or laws of the State of Georgia or any order, rule or regulation of any judicial or governmental agency binding on the City or Town, or violate or constitute a breach of ora default under any agreement, contract, instrument, ordinance or other resolution oft the City  or Town or by which the City or Town is bound.  (c) To the knowledge of the City or Town, there is no litigation pending or threatened challenging the existence or powers ofthe City or the Town or the ability ofthe City or the Town to enter into this Agreement, or seeking to restrain or enjoin the City or the Town from entering into this Agreement or acquiring, constructing or installing any of  2    the transportation purposes or projects ofthe City or Town sought to be financed from the  proceeds ofthe 2024 TSPLOST.  SECTION2  REPRESENTATIONS OF THE COUNTY  The County hereby represents that:  (a) Itis a political subdivision of the State of Georgia and has been duly authorized to execute and deliver this Agreement and to perform its obligations hereunder,  and such authorization has not been revoked or rescinded.  (b) The execution and delivery of this Agreement by the County, and the performance ofits obligations hereunder, does not violate any provision oft the Constitution or laws of the State of Georgia or any order, rule or regulation of any judicial or governmental agency binding on the County, or violate or constitute al breach ofc oradefault under any agreement, contract, instrument, ordinance or other resolution of the County or  by which the County is bound.  (c) Tot the knowledge oft the County, there is nol litigation pending or threatened challenging the existence or powers of the County or the ability ofthe County to enter into this Agreement, or seeking to restrain or enjoin the County from entering into this Agreement, imposing the 2024 TSPLOST or acquiring, constructing or installing any of the transportation purposes or projects of the County sought to be financed from the  proceeds oft the 2024 TSPLOST.  SECTION3  EFFECTIVE DATE AND TERM OF AGREEMENT  This Agreement shall commence upon the date that it is last signed by a party hereto and  shall terminate upon the earlier of:  (a) The failure of the referendum election described in this Agreement;  (b) Thee expenditure ofthel last dollaro ofmoney collected from the 2024TSPLOSTafter, (c) The passage of fifty (50) years from the date of the commencement of this  its expiration; or Agreement.  SECTION4  REFERENDUM ELECTION FOR IMPOSITIONOF TSPLOST  4.1 The County agrees that it will take all actions necessary to cause to be called a referendum election, to be held in all the voting precincts in the County, on the 5th day of  3    November, 2024 for the purpose of submitting to the qualified voters of the County for their approval, the question of whether or not a Sales and Use Tax of one percent shall be imposed on all sales and uses in the Special District, as authorized by the Act, for six years to raise approximately $200,000,000.00 fori transportation purposes. The distribution ofthe proceeds from said 2024 TSPLOST, the transportation purposes and projects for which said funds are to be expended, and the estimated amount of the 2024 TSPLOST to be allocated to each such transportation purpose and project are set forth on Schedule A to this Agreement.  4.2 The County, the Cities, and the Town agree to the imposition of said 2024 TSPLOST, the holding of said referendum election, and the distribution and uses of the proceeds  of the 2024 TSPLOST set forth herein.  SECTION5 CONDITIONS PRECEDENT  The obligations of all parties under this Agreement are conditioned upon the following (a) The adoption of a resolution by the Board of Commissioners of Jackson County authorizing the imposition ofthe 2024TSPLOSTand. directing the. Jackson County Board of Elections and Registration to call the referendum election described  events:  herein.  (b) The calling by the Jackson County Board of Elections and Registration of the (c) The approval of the imposition oft the 2024 TSPLOST by ai majority of the  referendum election described herein.  voters in the County voting in the referendum election.  SECTION6 PROCEEDSANDTERM  6.1 Upon the approval ofthe. Jackson County voters, the 2024 TSPLOSTt tax referenced herein will be collected beginning on April 1, 2025 and terminating on March 31, 2031. 6.2 Thej proceeds from the 2024 TSPLOST shall be used by the County, the Cities, and the Town exclusively for the transportation purposes specified in the resolution of the County calling for the imposition ofthe 2024 TSPLOST, except as otherwise provided by law.  6.3 A list of the transportation purposes and projects proposed to be funded by the proceeds of the 2024 TSPLOST and the estimated or projected dollar amounts for each such  transportation purpose and project is set forth on Schedule A hereto.  4    6.4 The list of transportation purposes and projects set forth in Schedule A hereto reflects the expenditure of at least 30 percent of the estimated revenue from the 2024 TSPLOST onj projects consistent with the State-wide StrategicTransportation Plan, as referenced in O.C.G.A.  $32-2-22(a)(6).  6.5 The County shall create and maintain a separate bank account in which the County's proceeds of the 2024 TSPLOST shall be maintained until disbursed as provided for herein. The proceeds of the 2024 TSPLOST received by the County shall be kept separate from all other funds of the County and shall not be commingled therewith. Each City and Town shall create and maintain a separate bank account in which that City's and' Town's share ofthe proceeds oft the 2024 TSPLOST shall be maintained until disbursed as provided for herein. The proceeds of the 2024 TSPLOST received by each City or Town shall be kept separate from all other funds of  such City or Town and shall not be commingled therewith.  6.6 The County shall receive from the Georgia Department of Revenue (hereinafter "DOR") all proceeds of the 2024 TSPLOST, other than the amount paid into the general fund of  the state treasury pursuant to O.C.G.A. $48-8-267(a)C).  6.7 Upon the receipt by the County oft the proceeds oft the 2024 TSPLOST collected by the DOR, the County shall immediately deposit said proceeds in the County's separate bank account created pursuant to this Section. Within ten (10) business days after the County's receipt of said proceeds, the County shall disburse to the Cities and Town their respective shares of said proceeds pursuant to Section 7 of this Agreement. Should any City or Town cease to exist as a legal entity before all proceeds of the 2024 TSPLOST are distributed under this Agreement, that City's or Town' s share oft the proceeds subsequent to dissolution shall be paid to the County and shall become part of the County's share of the proceeds unless an act of the Georgia General Assembly makes the defunct City or Town part ofanother successor city or town. Ifsuch an act is passed, the defunct City's or Town'ss share shall be paid to the successor city or town in addition to all other funds to which the successor city or town would otherwise be entitled.  6.8 The proceeds of the 2024 TSPLOST shall be maintained in separate accounts and 6.9 The transportation purposes and projects included in this Agreement shall be funded from the proceeds of the 2024 TSPLOST, except as otherwise agreed in writing by the  utilized exclusively for the purposes specified for such funds.  parties hereto.  SECTION7  SCHEDULEOF DISBURSEMENTS  7.1 Within ten (10) days after the County's monthly receipt from the DOR of the proceeds oft the 2024 TSPLOST, the County shall disburse said proceeds pursuant in the following  percentages:  5    Jurisdiction Jackson County Arcade Braselton Commerce Hoschton Jefferson Maysville Nicholson Pendergrass Talmo  Percentage 71.3% 2.2% 2.5% 7.4% 2.3% 10.1% 1.0% 1.9% 0.8% 0.5%  7.2 Said funds shall be disbursed in said percentages until the expiration ort termination of the 2024 TSPLOST. The County and each of the Cities and Town shall use their respective shareso ofthe proceeds ofthe 2024TSPLOST for thei transportation purposes and projectsi identified  for each on Schedule. A hereto.  SECTION8  COUNTY AND CITIES NOTI LIABLE FOR INSUFFICIENT PROCEEDS 8.1 Should the proceeds generated by the 2024 TSPLOST be insufficient to complete thet transportation purposes and projects listed on Schedule Al hereto, the County, Cities, and Town shall have no obligation to pay additional funds from sources other than the 2024 TSPLOST for  the completion of any of the same.  8.2 The County and each of the Cities and Town shall not be obligated to pursue such jurisdiction's transportation purposes and projects set forth on Schedule A to the extent that such jurisdiction's: share oft the proceeds from the 2024 TSPLOST: is insufficient to complete all ofthe same. In such event, the governing body ofs suchj jurisdiction: may elect toi not pursue certain ofthe transportation projects and purposes set forth on Schedule A forthatjurisdiction, or to modify such  projects and purposes to the extent necessary to remedy such shortfall.  6    SECTION9  RECORDKEEPING.AUDITS.AND REPORTS  9.1 The governing authorities of the County, the Cities, and the Town shall each maintain ar record ofe each and every, purpose/project for which the proceeds oft the 2024 TSPLOST are used. A schedule shall be included in the annual audit oft the County and ofe each oft the Cities and Town setting forth the County's, City's, or Town's transportation purposes/projects to be funded by the proceeds of the 2024 TSPLOST and for each such transportation purpose/project shall set forth: the original estimated cost, the current estimated cost ifo different than the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditors for the County and for each City and Town shall verify and test expenditures in a manner sufficient to assure that the schedule is fairly presented ini relation to the financial statements. The auditors' reports on the financial statements of the County and each oft the Cities and Town shall include an opinion, or a 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.  9.2 The governing authority ofthe County and ofe each oft the Cities and Town shall, by no later than December 31 of each year, publish in the Jackson Herald the report required by  O.C.G.A. S 48-8-269.6.  SECTION10  COMPLETION OF PROJECTSA AND EXCESS FUNDS  10.1 The County, Cities, and Town acknowledge that the costs shown for each 10.2 If a transportation purpose or project of the County has been satisfactorily completed at an actual cost less than the estimated cost listed for that project in Schedule A, the County may apply the remaining unexpended County proceeds of the 2024 TSPLOST allocated to such purpose or project to any other County transportation project(s) or purpose(s) as listed in Schedule A. Any County proceeds of the 2024 TSPLOST in excess of the total actual costs oft the County transportation projects and purposes listed on Schedule A hereof shall be used solely for the purpose of reducing County debt and, if such excess proceeds exceed the outstanding indebtedness of the County, then such excess proceeds shall be paid into the general fund of the  transportation purpose and project described on Schedule A are estimated amounts.  County for the purpose ofr reducing ad valorem taxes.  10.3 Ifa transportation purpose or project of a City or Town has been satisfactorily completed at an actual cost less than the estimated cost listed for that project in Schedule A, that City or Town may apply its remaining unexpended proceeds of the 2024 TSPLOST allocated to such purpose or project to any other transportation project(s) or purpose(s) of that City or Town as listed in Schedule A. Any of that City's or Town's proceeds of the 2024 TSPLOST in excess of the total actual costs of that City's or Town's transportation projects and purposes listed on Schedule A hereof shall be used solely for the purpose of reducing that City's or Town's debt and, ifsuch excess proceeds exceed the outstanding indebtedness ofthat City or Town, then such excess proceeds shall be paid into the general fund of that City or Town for the purpose of reducing ad  valorem taxes.  7    SECTION11  NOGENERAL OBLIGATION DEBT  No general obligation debt is to be issued in conjunction with the imposition of the 2024  TSPLOST.  SECTION12 ENTIRE AGREEMENT  This Agreement, including Schedule A, constitutes all of the understandings and agreements existing between the County, the Cities, and the Town with respect to use of the proceeds from the 2024TSPLOST. This Agreement supersedes all prior agreements, negotiations and communications of whatever type, whether written or oral, between the parties hereto with respect to the 2024 TSPLOST. This Agreement shall not be amended or modified except by agreement in writing executed byt the govemingauthoritieso ofthe County, the Cities, and the Town.  SECTION13 GOVERNINGLAW  This Agreement shall be construed and enforced in accordance with the laws oft the State  ofC Georgia.  SECTION14 AUTHORITY  Each of the signatories below represents that he or she has the authority to execute this  Agreement on behalf ofthe party for which he or she has signed it.  SECTION15 SEVERABILILTY  Should any provision ofthis Agreement be held invalid or unconstitutional, the remainder  of the. Agreement shall remain in full force.  SECTION16 COUNTERPARTS  This Agreement may be executed in several counterparts, each of which shall be deemed  an original and all ofwhich together shall constitute one and the same document.  8    SECTION17 NOTICES  All notices given pursuant to this Agreement shall be in writing and shall be deemed to have been given upon being sent by United States certified mail, return receipt requested, and  postage prepaid, addressed as set forth below:  (a) As to Jackson County: Attention: Chairman 67 Athens Street Jefferson, GA: 30549 (b) As to the City of Arcade: City of Arcade Attention: Mayor 3325 Athens Highway Jefferson, GA 30549 (c) As to the City ofCommerce: City of Commerce Attention: Mayor P.O. Box 348 27 Sycamore Street Commerce, GA 30529 (d) Ast to the City ofHoschton: City ofHoschton Attention: Mayor 61 City Square Street Hoschton, GA: 30548 (e) As to the City vofJ Jefferson: City of] Jefferson Attention: Mayor 147. Athens Street Jefferson, GA 30549 (f) As to the City of Maysville: City of Maysville Attention: Mayor 4 Homer Street Maysville, GA 30558  Jackson County Board of Commissioners  9    (g) As to the City ofNicholson: City ofl Nicholson Attention: Mayor 5488 US Hwy 441 South Nicholson, GA 30565 (h) As to the City of] Pendergrass: City ofPendergrass Attention: Mayor 65 Smith Bridges Street Pendergrass, GA 30567  (i) As to the CityofTalmo City ofTalmo Attention: Mayor 45 AJ Irvin Road Talmo, GA 30575 () As to the Town of Braselton Town of] Braselton Attention: Mayor 4982 Highway 53 Braselton, GA 30517  [Signature Pages Follow]  10    IN WITNESS WHEREOF, all parties hereto have agreed as ofthis  day of  2024.  JACKSON COUNTY, GEORGIA  By:  Chairman  (SEAL) Attest:  Clerk  CITY OF ARCADE  By:  Mayor  (SEAL) Attest:  Clerk  CITY OF COMMERCE  By:  Mayor  (SEAL) Attest:  Clerk  INTERGOVERMMENTALAGREEMENT FOR JACKSON COUNTY 2024 TSPLOST!  11    CITY OF HOSCHTON  By:  Mayor  (SEAL) Attest:  Clerk  CITY OF JEFFERSON  By:  Mayor  (SEAL) Attest:  Clerk  CITY OF MAYSVILLE  By:  Mayor  (SEAL) Attest:  Clerk  INTERGOVERNMENTAL AGREEMENT FOR JACKSON COUNTY 2024 TSPLOST]  12    CITY OF NICHOLSON  By:  Mayor  (SEAL) Attest:  Clerk  CITY OF PENDERGRASS  By:  Mayor  (SEAL) Attest:  Clerk  CITY OF TALMO  By:  Mayor  (SEAL) Attest:  Clerk  INTERGOVERAMENTALAGREEMENT FORJACKSON COUNTY 2024 TSPLOST]  13    TOWN OF BRASELTON  By:  Mayor  (SEAL) Attest:  Clerk  INTERGOVERNMENTALAGREEMENT FOR JACKSON COUNTY 2024 TSPLOST]  14    EXHIBITA  Jackson County Transportation Special Purpose Local Options Sales Tax  (TSPLOST) Program  2024 TSPLOST proceeds, to the extent available, shall be allocated to the Projects shown in the tablel below. The Projects are all ofequal priority and may be funded: in any order, int the discretion oft the responsible party. After all Projects are fully funded, any excess TSPLOST proceeds shall be  allocated as provided by O.C.G.A. $ 48-8-269.5.  JACKSON COUNTY Bridge Projects  $12,600,000 $66,400,000 $31,300,000 $12,387,200 $13,689,600 $6,223,200  Roadway Capacity and Widening Projects Intersection improvements  Transportation Improvements (sidewalks, curbing, drainage structures, striping,  signage, guardrails, multi-use paths and trails)  Road Resurlacing/Paving Airport Projects ARCADE Road Improvements Paving & Resurfacing Projects BRASELTON  Jackson County Total Est.: $142,600,000  $880,000 $3,520,000 $4,400,000  Arcade Total Est.:  Construction of roads, bridges, sidewalks, multi-use paths, intersection improvements, traffic safety enhancements, road widening, and stormwater projects pertaining to roadway and other transportation projects Resurfacing, including full-depth reclamation, base and paving, culvert repair, traffic markers, patching, shoulder preparation, and related projects  $2,500,000 $2,500,000  Braselton Total Est.: $5,000,0000  COMMERCE  Transportation Improvements (sidewalks, curbing, drainage structures, stormwater management, striping, signage); Road Paving & Resurfacing; Intersection  Improvements  $14,800,000 $14,800,000  Commerce Total Est.:    HOSCHTON  Transportation Improvements (streets, bridges, sidewalks, curbing, drainage  structures, striping signage, multi-use paths) Road resurfacing and paving JEFFERSON  $2,000,000 $2,600,000 $4,600,000 $20,200,000  Hoschton Total Est.:  Transportation Improvements and ResurfacingPaving  Jefferson Total Est.: $20,200,000  MAYSVILLE  Transportation Improvements (sidewalks, curbing, drainage structures, striping,  signage, guardrails, multi-use paths and trails)  $1,500,000 $500,000 $2,000,000  Road Resurfacing/Paving NICHOLSON  Maysville Total Est.:  Transportation Enhancements (sidewalks, curbing, drainage structures, striping,  signage, guardrails, multi-use path and trails) Roads Resurfacing/Paving  $1,900,000 $1,520,000 $380,000 $3,800,000 $900,000 $700,000 $1,600,000  Traffic Efficiency (Intersection improvements) and Roadway Capacity/Widening  Nicholson Total Est.:  PENDERGRASS Road Resurfacing/Paving  Transportation Improvements (sidewalks, curbing, striping, signage, and lighting)  Pendergrass Total Est.:  TALMO crosswalks) Road Resurlacing/Paving  Transportation Improvements (add sidewalks, upgrade roadway signage, add  $500,000 $500,000 $1,000,000  Talmo Total Est.:    NEW BUSINESS  ITEM #9  GDOT I-85 Supplemental Sign:  Hoschton Exit 129    Georgia of Transportation  GDOT Department  District 1 Sign Shop Georgia Department ofTransportation District 1 District Wide Sign 2550 Gillsville Hwy, Building B Gainesville, Ga. 30507 TOS  DATE: 5/13/2024 Hoschton Exit 129  City of Hoschton  SALESPERSON GDOT  JOB Hoschton Exit 129  PAYMENT TERMS QUOTE  QUOTE# # D1SS-HOS129  UNIT PRICE $28.38SF $176.00 $23 $181.00 $0.00  QTY I 2 2 2 4 3  DESCRIPTION Square Post Stubs Slip Base Bolt Hardware Labor (5 hrs.) Equipment  LINE TOTAL  120" x 72" Hoschton/ Exit 129 (60 Square Feet)  $1702.80 $352.00 $46.00 $362.00 $0 $375.28 $345.80  SUBTOTAL 15% MAINT. FEE TOTAL  $3183.88 $477.58 $3661.46  Make all checks payable to: Georgia Department of Transportation.  Remit to the above address.    Hoschton  EXIT  129  13.59 19.25-  92.82- 15.00- 120.00-  30.80-  35.70  9.00" Radius, 2.00" Border, White on Green; "Hoschton", E Mod 2K; "EXIT, EN Mod 2K; "129", E Mod 2K;    -  OShey  Reislingio  @  eGI  a 6 t 6 5  8    NEW BUSINESS  ITEM # IO  Resolution 2024-34: LMIG ROADWAY  IMPROVEMENTS PROJECT    ENGINEERING MANAGEMENT Experience . Trust . Solutions  EM  Civild land Environmental Engineers  June 3, 2024 Ms. Jennifer Kidd-Harrison City Manager City of Hoschton 79 City Square Hoschton, GA 30548  Re: City of Hoschton 2024 LMIG Roadway Improvements Recommendation of Award to Contractor  Dear Ms. Harrison:  As you are aware, the City of Hoschton received bids on the above-mentioned project on May 30, 2024 at 2:00 PM. The City published the bid advertisement appropriately and invitations were also sent out to area qualified contractors. Four (4) qualified bids were received and duly In accordance with general procedures, Engineering Management, Inc. (EMI) has tabulated the bids received and reviewed the contractor qualifications. Acopyofthe! Bid1 Tabulation is enclosed The apparent low bidder for the project at $280,829.00 is Sunbelt Asphalt Surfaces, Inc. (The Scruggs Compan/fromAubum, Georgia. EMlhasreviewed the reference materialincludedwith The award of this project is based on the bid price, company qualifications, personnel qualifications and experience. The intent of the bid specifications is to award the contract to the Based ont the above-mentioned reviews and discussion with City personnel, we: see no reason not to award the contract to Sunbelt Asphalt Surfaces, Inc. in the amount of $280,829.00. We have enclosed a standard "Notice of Award" as contained in the contract documents, along with a Resolution of Award. If the City Council is in agreement with this recommendation, we will proceed to develop Construction Contract Documents following official vote and Council We look forward to working with the City and staff in the implementation of this important  opened and read aloud in accordance with standard procedures.  for your review.  Sunbelt's Bid.  lowest, responsive, responsible bidder.  action. project.  303 Swanson Drive * Lawrenceville, Georgia 30043 . Omie770.962.1387 Fax 770.962.8010 . www.eminc.biz    Page 2  Please feel free to contact us at any time should you have questions.  Very truly yours,  ENGINEERING MANAGEMENT, INC.  Coy Breunler Cory Brownlee, P.E. Project Manager  Enclosures: Tabulation of Bids Notice of Award Resolution of Award  cc: Mr. Brett Day, Public Utilities Director  Mr. Jerry Hood, EMI  ZAIPROIECIS2121009 Hoschton LMIG Streetl nventory/2024LMIG/Contract Documents/Pre Construction FilesAward Recommendation.docx  303 Swanson Drive . Lawrenceville, Georgia 30043 . Office 770.962.1387 . Fax770.962.8010 www.eminc.biz    A RESOLUTION BY THE: MAYOR. AND COUNCIL OF THE CITY OFI HOSCHTON, GEORGIA AWARDINGTHE CONTRACT FOR THE 2024 LMIG ROADWAY IMPROVEMENTS PROJECT SAID RESOLUTION. ALSO AUTHORIZESTHE MAYOR. AND CLERK TOSIGNTHE CONSTRUCTION CONTRACT  R-2024-3  WHEREAS, the City of Hoschton, Georgia (City) has planned aj project for improvements to several WHEREAS, the City has authorized their Engineers to prepare a Request for Proposals and WHEREAS, the City has applied for and received funding from the Georgia Department of  City streets; and  specifications for the project; and  Transportation (GDOT) in connection with the project; and WHEREAS, thej project was appropriately advertised for bids; and WHEREAS, bids were duly opened by the City on May 30, 2024; and WHEREAS, the Consulting Engineers have evaluated all bids received; and  WHEREAS, an appropriate review oft the bids indicate that the most qualified firm and the best bid for the project is that of Sunbelt Asphalt Surfaces, Inc. (The Scruggs Company) Auburn, Georgia, as outlined in the consulting engineer's letter of June 3, 2024, in the amount of Two Hundred Eighty NOWTHEREFORE bei it resolved by the City Council of the City ofHoschton, Georgia to award the 2024 LMIG Roadway Improvements Project to Sunbelt Asphalt Surfaces, Inc. of Auburn, Georgia, in the amount of Two Hundred Eighty Thousand, Eight Hundred Twenty Nine and 00/100 Dollars BEI ITI FURTHER RESOLVED to authorize Mayor Debbie Martin and. Jennifer Kidd-Harrison, City THIS RESOLUTION READ AND PASSED BY A QUORUM OF THE CITY COUNCIL OF  Thousand, Eight Hundred Twenty Nine and 00/100 Dollars (5280,829.00).  ($280,829.00).  Manager/City Clerk, to execute the construction contracts on behalf of the City.  THE CITY OF HOSCHTON, GEORGIA, ON THE BEEN RESCENDED IN ANY WAY.  DAY OF JUNE 2024 AND HAS NOT  Certified Correct this  DAY OF. JUNE: 2024.  By:  By:  Debbie Martin, Mayor  Jennifer Kidd-Harrison, City Manager/City Clerk  (seal)  ZAPROIECTS2121009 Hoschtonl LMIG Strect Inventoryl2024 LMIGIContract! DocumentsIPrc Construction! FilcslRcsolution ofa award.doc    NOTICEC OFAWARD  TO:  Sunbelt Asphalt Surfaces, Inc. (The Scruggs Company)  1410 Sunbelt Way Auburn, GA 30011  Project Description  The site ofthe proposed work isi in City ofHoschton, Georgia. The project consists of, buti is not limited to,  the following major elements:  Approximately 700 L.F. ofasphalt seal coating and asphalt-rubber joint and crack sealing along West Broad Street beginning at the southernmost intersection with Cabin Drive and continuing north up to the second intersection with Cabin Drive. Approximately 1,300 L.F. ofl Full Depth Reclamation (FDR) of the portion of West Broad Street beginning at the northern most intersection with Cabin Drive and continuing to thei intersection with White Street. Approximately 48 L.F. of24-inch RCP storm drain replacement with drop inlet and headwall. Approximately 46S.Y. ofType 3 rip rap and filter fabric along ditches. Milling and pavement inlay operations as required to tie-in finished surface with the existing asphalt. Pavement striping and sign relocations will be as required per the Drawings and thel MUTCD in order to provide on-street parking along the South side ofWest Broad Street. Permanent grassing, ditch re-grading, and shoulder reconstruction as required.  CONTRACTOR agrees to commence work on or before a date to be specified in a written "Notice to Proceed" oft the OWNER and to fully complete all work associated with this project in a total construction timeofforty-five(45)consecutive calendar days from the date ofthe' "Noticei to Proceed" fromi the OWNER. The OWNER has considered the Bid submitted by you for the above described WORK in response to its You are hereby notified that your Bid has been accepted for the Contract Price of $280,829.00. for 2024 LMIG Roadway Improvements which is based on the Units/Lump Sum Prices shown on the Bid You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTORS Performance and Payment Bonds and Certificates of Insurance within ten (10) calendar Ifyou faili to execute said Agreement andi tot furnish said) Bonds within ten (10) calendar days from thec date of thisl Notice, said OWNER willl be entitled to consider all your rights arising out ofthe OWNER's acceptance You are: required to return an acknowledged copy oft this Notice of Award to the OWNER.  Advertisement for Bids and has decided to award you the Contract.  Form.  days from the date ofthis Notice.  ofyour Bid as abandoned and as ai forfeiture as may be granted by law.  Dated this day of  20  CITY OF HOSCHTON, GEORGIA  BY:  Debbie Martin, Mayor  17-035/11-22  (Notice of Award) 00500-1    ACKNOWLEDGEMENT OF NOTICE  CONTRACTOR  BY: DATE: TITLE:  END OF SECTION  17-035/11-22  (Notice of Award) 00500-2    BID OPENING ATTENDANCE City of) Hoschton = 21-009  2024 LMIG Roadway Improvements  MAY 30, 2024 e 2:00PM  NAME  REPRESENTING  Betr Byhgia Cloy Jowson Sulles Methewl Heaton a  Blant Conshutin Sunbel Asphat Alol  Leorgia paling Cott EHL Hosontn EMI EMT  her Haninn  Cory Broynlee WIWLA  APROECTS212I00) Hoschton LMIG: Street InventorylBid Phase'BP6-Bidders List-Unsuccessful Biddersl210091 Bid Attendance List -2024. .doc        NEW BUSINESS  ITEM #Il  Resolution 2024-25 Water First Rebates    RESOLUTION NUMBER 2024-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOSCHTON, GEORGIA SAID RESOLUTION ALSO AUTHORIZES THE MAYOR AND CLERK TO EXECUTE APPROPRIATE DOCUMENTS FOR IMPLEMENTATION OF THE PROGRAM  AUTHORIZING THE DEVELOPMENT OF A TOILET REBATE PROGRAM  WHEREAS, the City of Hoschton, Georgia continues to grow and experience increased demand WHEREAS, the City of Hoschton, Georgia has adopted a water conservation plan as required by WHEREAS, water conservation is an important activity in the City and a large portion of water WHEREAS, the City ofHoschton is striving to become a WaterFirst designated community, and WHEREAS, aggressive and initiative-taking water conservation measures are paramount in WHEREAS, the City encompasses a number of older home with older plumbing fixtures, and WHEREAS, the City desires to develop a toilet rebate program commensurate with numerous WHEREAS, a toilet rebate program would incentivize the replacement ofhigh volume older WHEREAS, at toilet rebate program is expected to reduce the City's daily water demand and NOWTHEREFORE be it resolved by the City Council oft the City of Hoschton to authorize the development ofat toilet rebate program in accordance with the Georgia Water Wise Council and  on the potable water distribution system, and  the Georgia EPD, and  supply is utilized in older toilet fixtures, and  achieving WaterFirst designation, and  other Georgia Cities, and  plumbing fixtures with low flow fixtures, and  reduce aj participating water user's monthly water cost.  commensurate with other similar situated Georgia local Governments.  BEI IT FURTHER RESOLVED to authorize the Honorable Debbie Martin, Mayor, and  City Manager/Clerk, Jennifer Kidd-Harrison to execute the procedures and other appropriate documents on  behalf oft the City.  THIS RESOLUTION READ AND PASSED BY A QUORUM OF THE CITY COUNCIL OF  THE CITY OF HOSCHTON, GEORGIA, ON THE AND HAS NOT BEEN RESCINDED IN ANY WAY.  DAY OF  2024  By:  By:  Ms. Debbie Martin, Mayor  Ms. Jennifer Kidd- Harrison, City Clerk  (Seal)  424023aschonwaley/natrea.0002024    NEW BUSINESS  ITEM #/2-  Resolution 2024-33: Updating and Revising the City's Fire Suppression Connection Fees    RESOLUTION NUMBER 2024-33 AI RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOSCHTON, GEORGIA  UPDATING AND REVISING THE CITY'S FIRE SUPPRESSION CONNECTION FEES WHEREAS, the City of Hoschton, Georgia continues to grow and experience increased demand WHEREAS, the City ofHoschton, Georgia has adopted a plan to provide improved water WHEREAS, water system infrastructure improvements require large capital investments, and WHEREAS, the City of Hoschton desires the water system to be self-supporting, and WHEREAS, various system connection fees have been based upon American Water Works WHEREAS, the City has previously had fire suppression fees for 61 inch and 8 inch meters, and WHEREAS, the City is experiencing commercial growth that requires the adoption off fire WHEREAS, the City'se engineers have calculated the appropriate fees for these size connections NOW THEREFORE bei it resolved by the City Council ofthe City ofHoschton to adopt the new THIS RESOLUTION READ AND PASSED BY A QUORUM OF THE CITY COUNCIL OF  on the water distribution system, and pressure, flow, and fire protection, and  Association (AWWA) standards, and  suppression fees for 10 inch and 12 inch connections, and.  based on AWWA Standards.  fire suppression connection fees as proposed.  THE CITY OF HOSCHTON, GEORGIA, ON THE AND HAS NOT BEEN RESCINDED IN ANY WAY.  DAY OF  2024  By:  By:  Ms. Debbie Martin, Mayor  Ms. Jen Williams, Assistant City Clerk  (Seal)  17/17004/hoschtongenresolatonadoping/reppresionfesjume2024    CITY OF HOSCHTON CONNECTION FEES  WATER FEES METER (GPM) 20 50 100 160 320 500 1000 1600 2800  HOSCHTON  METER SIZE %INCH 1INCH 1%INCH 2INCH 3INCH 4INCH 6INCH 8INCH 12INCH  WATER CONNECTION FEE $3,000.00 $7,500.00 $15,000.00 $24,000.00 $48,000.00 PLUS** $75,000.00 PLUS** $150,000.00 PLUS** $240,000.00 PLUS** 5795,000.00PLUS"  FRESAPRESSIONI FEES  METER SIZE MINIMUM 6 INCH 81 INCH 101 Inch 12 Inch  COST $14,150.00 PLUS ** $18,875.00 PLUS ** $27,155.00P PLUS** $62,525.00 PLUS**  MAINTENANCE FEE $275.00 MONTHLY FEE $275.00 MONTHLY FEE $275.00 MONTHLYFEE $275.00 MONTHLY FEE  ** LARGE METERS (31 IN.-121 IN.) AREI INSTALLED BY CITY APPROVED CONTRACTOR IN ACCORDANCE WITH CITY STANDARDS AND APPROVED  DRAWINGS.. ALL WATER CONNECTIONS WILLI BE METERED, AND ALLI FEES APPLY REGARDLESS OF INTENDED USE.  SEWER FEES  WATER METER SIZE %INCH 1INCH 1%INCH 2INCH 3INCH 4INCH 6INCH 8INCH 12 INCH  SEWER CONNECTION FEE $6,000.00 $15,000.00 $30,000.00 $48,000.00 $96,000.00 $150,000.00 $300,000.00 $480,000.00 $1,590,000.00 Proposed 6/2024  SEWER CONNECTION FEES ARE BASED OFF OF WATER METER: SIZE    NEW BUSINESS  ITEM # 13  Resolution 2024-26 GEFA Loan Agreement    Resolution 2024-26  EXHIBIT F  EXTRACT OF MINUTES RESOLUTION OF GOVERNING BODY  Recipient: Loan Number:  CITY OF HOSCHTON CW2022013  At a duly called meeting of the governing body of the Borrower identified above  (the Borrower") held on the introduced and adopted.  day of  the following resolution was  WHEREAS, the governing body of the Borrower has determined to borrow but not to exceed $12,000,000 from the CLEAN WATER STATE REVOLVING FUND, ADMINISTERED BY GEORGIA ENVIRONMENTAL FINANCE AUTHORITY (the "Lender") to finance a portion of the costs of acquiring, constructing, and installing the environmental facilities described in Exhibit A to the hereinafter defined Loan Agreement (the Project"), pursuant to the terms of a Loan Agreement (the "Loan Agreement") between the Borrower and the Lender, the form of which has been  presented to this meeting; and  WHEREAS, the Borrower's obligation to repay the loan made pursuant to the Loan Agreement will be evidenced by a Promissory Note (the "Note") of the Borrower,  the form of which has been presented to this meeting;  NOW, THEREFORE, BE IT RESOLVED by the governing body of the Borrower that the forms, terms, and conditions and the execution, delivery, and performance of  the Loan Agreement and the Note are hereby approved and authorized.  BE IT FURTHER RESOLVED by the governing body of the Borrower that the terms of the Loan Agreement and the Note (including the interest rate provisions, which shall be as provided in the Note) are in the best interests of the Borrower for the financing of the Project, and the governing body of the Borrower designates and authorizes the following persons to execute and deliver, and to attest, respectively, the Loan Agreement, the Note, and any related documents necessary to the consummation  of the transactions contemplated by the Loan Agreement.  (Signature of Person to Execute Documents) (Signature of Person to Attest Documents)  (Print Title) (Print Title)  The undersigned further certifies that the above resolution has not been repealed  or amended and remains in full force and effect.  Dated: (SEAL)  Secretary/Clerk    NEW BUSINESS  ITEM # 14  Resolution 2024-27 GEFA Loan Agreement    Resolution 2024-27 EXTRACT OF MINUTES RESOLUTION OF GOVERNING BODY  EXHIBIT F  Recipient: Loan Number:  CITY OF HOSCHTON GF2024006  At a duly called meeting of the governing body of the Borrower identified above  (the Borrower") held on the introduced and adopted.  day of  the following resolution was  WHEREAS, the governing body of the Borrower has determined to borrow but not to exceed $8,000,000 from the GEORGIA ENVIRONMENTAL FINANCE AUTHORITY (the 'Lender") to finance a portion of the costs of acquiring, constructing, and installing the environmental facilities described in Exhibit A to the hereinafter defined Loan Agreement (the Project"), pursuant to the terms of a Loan Agreement (the "Loan Agreement') between the Borrower and the Lender, the form of which has been  presented to this meeting; and  WHEREAS, the Borrower's obligation to repay the loan made pursuant to the Loan Agreement will be evidenced by a Promissory Note (the "Note") of the Borrower,  the form of which has been presented to this meeting;  NOW, THEREFORE, BE IT RESOLVED by the governing body of the Borrower that the forms, terms, and conditions and the execution, delivery, and performance of  the Loan Agreement and the Note are hereby approved and authorized.  BE IT FURTHER RESOLVED by the governing body of the Borrower that the terms of the Loan Agreement and the Note (including the interest rate provisions, which shall be as provided in the Note) are in the best interests of the Borrower for the financing of the Project, and the governing body of the Borrower designates and authorizes the following persons to execute and deliver, and to attest, respectively, the Loan Agreement, the Note, and any related documents necessary to the consummation  of the transactions contemplated by the Loan Agreement. (Signature of Person to Execute Documents) (Print Title)  (Signature of Person to Attest Documents)  (Print Title)  The undersigned further certifies that the above resolution has not been repealed  ora amended and remains in full force and effect.  Dated: (SEAL)  Secretary/Clerk    NEW BUSINESS  ITEM # 15  Resolution 2024-22  Personnel Policy Update: Bereavement Leave    CITY OF HOSCHTON STATE OF GEORGIA  RESOLUTION 2024-22  AMENDING THE PERSONNEL POLICY REGARDING BEREAVEMENT LEAVE  WHEREAS, the governing body of the City of Hoschton ("City") desires to amend the personnel policy, such that employees of the City are aware of their rights and obligations relating to employment by the City and to ensure that the citizens of the City continue to receive excellent WHEREAS, the City has review the personnel policy and wishes to amend Section 11.13,  service from the persons who work for the City; and "Bereavement Leave" as attached hereto in "Exhibit A".  NOW THEREFORE BE IT RESOLVED that the governing body of the City does hereby adopt the amended personnel policy and directs the Mayor and City Manager to sign such documents and take such actions as are necessary to ensure that the personnel policy is made available to City  staff.  Adopted this 18th day of. June, 2024.  Debbie Martin, Mayor  This is to certify thatl l'am City Clerk of the City of Hoschton. As such, I keep its official records, including its minutes. In that capacity, my signature below certifies this resolution was adopted  as stated and will be recorded in the official minutes.  ATTEST:  City Clerk    Roposerd  Exhibit A  Blicy.  11.12.3 MATERNITY LEAVE  Leave without pay may bei taken for disability related to pregnancy, childbirth, or related medical condition, where accrued PTO does not cover the entire time needed in accordance with FMLA. Such leave shall be for the actual period of disability as certified by a doctor, eveni ifite exceeds three months. Employees takingl leave without pay for childbirth- related disability are, guaranteed a return to their job or a similar. job with atl least the samep pay. Parental Leave: In appropriate circumstances either parent may take leave without pay for parental leave related tol birth or adoption ofa a child. Parental leave must be taken within one year from the time of childbirth or  adoption.  11.13 BEREAVEMENT LEAVE  Regular full-time employees receive up to three days of bereavement leave oradeathintheimmedate family (see definitiont in Section 1.8(H)). Longer periods, charged against the employee'sPTO, may be approved by the  Manager or his/her designee. 11.14 HOLIDAYS Holidays Observed: o o o o o o o o o  Thef following 11 days are recognized as paid holidays for regular full-time employees.  New Year's Day January: 1 Memorial Day- Last Monday in May Independence Day July 4 Labor Day- First Monday in September Veterans Day Thanksgiving Day Fourth Thursday in November Day After Thanksgiving Christmas Break (Tol be set each year by City Manager) Floating Holiday: (MLK or Employees Birthday)  Employer-paid holidays which fall on a Saturday willl be observed on the preceding Friday; paid holidays falling ona  Sunday willl be observed ont thei following Monday. 11.14.1WORK ON HOLIDAYS  pg.45  Adopted 4/30/2024    Currevet )  Bg  11.12.3 MATERNITY LEAVE  Leave without pay may be taken for disability related to pregnancy, childbirth, or related medical condition, where accrued PTO does not cover the entire time needed in accordance with FMLA. Such leave shall be for the actual period of disability as certified bya a doctor, even ifite exceeds three months. Employees taking leave without pay for childbirth- related disability are guaranteed ar return to their job or a similar job with at least thes same pay. Parental Leave: Ina appropriate circumstances either parent may take leave without pay for parental leave related to birth or adoption ofa child. Parental leave must bet taken within one year from thet time of childbirth or  adoption.  11.13 BEREAVEMENT LEAVE  Regular full-time employees receive upi to three days of bereavement leave per year for a death in thei immediate family (see definition in Section 2.3). Longer periods, charged against the employee's PTO, may be approved byt the  Manager or his/her designee. 11.14 HOLIDAYS Holidays Observed: o o o o o o o o o  The following 11 days are recognized as paid holidays for regular full- time employees.  New Year's Day- January1 Memorial Day Last Monday in May Independence Day- July4 4 Labor Day First Monday in September Veterans Day Thanksgiving Day- Fourth Thursdayi in November Day After Thanksgiving Christmas Break (To be set each year by City Manager) Floating Holiday: (MLK or Employees Birthday)  Employer-paid holidays which fall on a Saturday willl be observed on the preceding Friday; paid holidays falling ona  Sunday will be observed on thei following Monday. 11.14.1WORK ON HOLIDAYS  pg.45  Adopted 4/30/2024    NEW BUSINESS  ITEM # I6  Resolution 2024-23  Personnel Policy Update: Definition of  Immediate Family Member    CITY OF HOSCHTON STATE OF GEORGIA  RESOLUTION 2024-23 IMMEDIATE FAMILY MEMBER  AMENDING THE PERSONNEL POLICYTO REFINE THE DEFINITION OF  WHEREAS, the governing body of the City of Hoschton ("City") desires to amend the personnel policy, such that employees oft the City are aware of their rights and obligations relating to employment by the City and to ensure that the citizens oft the City continue to receive excellent WHEREAS, the City has review the personnel policy and wishes to amend Section 1.8(H),  service from the persons who work for the City; and  "Immediate Family Member" as attached hereto in "Exhibit A".  NOW THEREFORE BE ITI RESOLVED that the governing body of the City does hereby adopt the amended personnel policy and directs the Mayor and City Manager to sign such documents and take such actions as are necessary to ensure that the personnel policy is made available to City  staff.  Adopted this 18th day of. June, 2024.  Debbie Martin, Mayor  This is to certify that lam City Clerk of the City of Hoschton. As such, I keep its official records, including its minutes. Ini that capacity, my signature below certifies this resolution was adopted  as stated and will be recorded in the official minutes.  ATTEST:  City Clerk    Plopused Blicg Exhibit A  Regular Part-time Employee: Any employee filling an approved, budgeted position with a regularly Temporary Employee: Any employee fillinga a position for a specified length of time, for either long- or  scheduled work week of less than thirty (30) hours per week.  short-term work assignments.  (f)  Exempt Employee  An employee defined according to thet federal Fair Labor Standards Act (FLSA) to be subject to equal pay provisions but exempt from minimum wage and overtime pay provisions. Exempt employee's compensation is based on an annual salary basis and there is no compensation for hours worked more than the defined work week schedule.  (g)  Health Impairment  At temporary or permanent mental or physical impairment including, but not limited to injury (on or offt thej job), illness, or other job-restricting impairment, which diminishes or precludes one's capacity for or renders one unfit  for performance of the essential job functions of the position.  (h)  ImmediateFamily, Member  Forp purposesc oftshandook.mmedate family member is defined as follows:  Spouse Parentorstepparent Mother-in-law Father-in-law, Childo or Stepchild Sister or Sister-in-law Brother or Brother-in-law Grandparents  (1)  Non-Exempt Employee  An employee defined according to the FLSA to be subject to equal pay, minimum wage, and overtime provisions.. Forr regular employees, hours worked in excess of the 40-hour work week will be paid at ar rate of 1% times the  employee's.regular rate of pay.  ()  On-the-Job Injury  An injury arising out of employment or sustained in the course of employment.  pg- 14  Adopted 4/30/2024    Curveret  Balicy  Regular Part-time Employee: Any employee filling an approved, budgeted position with a regularly Temporary Employee: Any employee filling a position for a specified length of time, for either long- or  scheduled work week of less thani thirty (30) hours per week.  short-term work assignments.  (f)  Exempt Employee  An employee defined according to thet federal Fair Labor Standards Act (FLSA) tol bes subject to equal pay provisions but exempt from minimum wage and overtime pay provisions. Exempt employee's compensation is based on an annual salary basis and there is no compensation for hours worked more than the defined work week schedule.  (g)  Health Impairment  At temporary or permanent mental or physical impairment including, but not limited toi injury (on or off thej job), illness, or other job-restricting impairment, which diminishes or precludes one's capacity for or renders one unfit  for performance of the essential job functions of the position.  (h)  Immediate Family Member  For purposes of this handbook, immediate family member is defined as follows:  Spouse Parent or Stepparent Mother-in-law Father-in-law Child or Stepchild Sister or Sister-in-law Brother or Brother-in-law Non-Exempt. Employee  (1)  An employee defined according to the FLSA tol be subject to equal pay, minimum wage, and overtime provisions. For regular employees, hours worked in excess of the 40-hour work week willl be paid at ar rate of 1% times the  employee's regular rate of pay.  ()  On-the-Job Injury  Ani injury arising out of employment or sustained in the course of employment.  (k) pg-14  Overtime Rate  Adopted 4/30/2024