CITY OF HOSCHTON CITY COUNCIL  THURSDAY, APRIL 11, 2024 AT 6:00PM HOSCHTON COMMUNITY CENTER 65 CITY SQUARE, HOSCHTON  H HOSCHTON  WORK SESSION AGENDA  CALL TOORDER INVOCATION PLEDGE OF ALLEGIANCE AGENDA APPROVAL OLD BUSINESS  REPORTS BY MAYOR, COUNCIL, AND STAFF  1. Ordinance 0-2024-02: An Ordinance Amending the Code of Ordinances oft the City ofH Hoschton, Georgia, Chapter 3, Administration," - Article VII, "Boards and Commissions" To Adopt a New Section 3-801, "Planning and Zoning Commission;" To Repeal Conflicting Ordinances; To Provide For Severability; To Provide an  Effective Date; and for Other Purposes (Second Reading)  2. Ordinance 0-2024-03: An Ordinance To Amend the Hoschton Subdivision and Land Development Ordinance, Article HI, "General Provisions," Section 303, "City Council Authority" To Retitle Said Section and Assign Roles to The Hoschton Planning Commission; To Amend Article IV, "Preliminary Plat,"S Section 405, "Preliminary Plat Process Administration," To Repeal the Existing Process Flow Chart and To Adopt a New Process Flow Chart; To Adopt a New! Section 408, "Planning Commission Review and Recommendation, To Amend Section 1204, "Variances" To Establish a Role For The Planning Commission; To Amend Section 1207, "Amendment" to Establish a Role for the Planning Commission;" To Repeal Conflicting Ordinances; To Provide for Severability; To Provide an Effective Date; and For Other Purposes 3. Ordinance TA 2024-01: An Ordinance To Amend the Hoschton Zoning Ordinance, Article I, "General," " Section 1.04, "Purposes," Paragraph 5 to Assign Roles to the Hoschton Planning and Zoning Commission; To Amend Article' VIII, "Zoning Amendments and Applications," Section 8.01, "Procedures for Calling and Conducting Public Hearings," " Section 8.02, "Text Amendments, , Section 8.03, "Amendment to the Official Zoning Map," " Section 8.04, "Conditional Uses," and Section 8.05, "Variances" To Assign Roles For The Planning Commission; To Repeal Conflicting Ordinances; To Provide for Severability; To Provide an Effective Date; and  (Second Reading)  for Other Purposes (Second Reading)    NEW BUSINESS  1. Planning and Zoning Commission Members and Terms 2. Planning and Zoning Commission 2024 Meeting Schedule  3. Recommendation to Initiate a Zoning Ordinance Text Amendment Regarding the Planned Unit Development (PUD) District of the zoning ordinance (Sec. 408) 4. Recommendation to Initiate a Zoning Ordinance Text Amendment Regarding the MU 5. Recommendation to Initiate a Zoning Ordinance Text Amendment to Establish: a Time Limit Regarding Development Pursuant to a Conditional Zoning Approval 6. Notice of Award (CMAR) to Reeves Young, LLC for WWTF Expansion to 0.95MGD  (Mixed Use) District oft the zoning ordinance (Sec. 414)  7. Statewide Mutual Aid Agreement  8. Audio/Visual Quotes for Community Center sound system 9. Update to Personnel Policy: Cell phone reimbursement 10. Update to Personnel Policy: Use of city-owned vehicles 11. Police Department Mobile Computer Quote  12. Police Department Software Agreement with i3 Verticals  CITIZEN INPUT ADJOURN  EXECUTIVE SESSION (IF NEEDED)  Announcements:  April 25th 6:30pm: Mayor/Council Q&A-Jerry Hood, Engineering Management, Inc. CEO, and Brett Day, Hoschton Utilities Director, will be in attendance to discuss water & sewer int the city. May 4th 10:00am-5:00pm: The Spring Festival will be held in downtown Hoschton.    CIVILITY PLEDGE  The way we govern ourselves is often as important as the positions we take. Ourcollective decisions will be better when differing views have had the opportunity to be fully vetted and considered. All people have the right to be 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 to foster an atmosphere of civil and courteous discourse, even and especially when discussing contentious topics, at all meetings held by the  City of Hoschton.  a. Rules applicable to the public  1. Each speaker will be given 5 minutes during public comment.  2. Each speaker will direct his or her comments to the Mayor or presiding officers 3. Each speaker will refrain from personal attacks, foul or abusive language, and 4. Each speaker will speak only to the agenda item under consideration. This does 5. Members of the audience will respect the rights of others and will not create b. Rules for Mayor and Members of Council, Committees, Boards, or Commissions 1. Members will conduct themselves in a professional and respectful manner at all  and not to any other individual present.  will maintain a civil and courteous manner and tone. not apply during the Public Comment agenda item. noise or other disturbances that will disrupt the meeting.  meetings.    MONTHLY  REPORTS    CITYMANAGER MARCH2024  Mayor And City Manager met with Mr. Matt Rupal to discuss logistics of Italian  Restaurant.  Hoschton hostedi the mayor's luncheon with Mayor Martin CDBG Meeting to update progress on the Panther Court Project Library. This is considering! Hoschton's district as well. City! Manager worked on Retreat Material  The City Managerj joined the Grand Opening of the addition tot the library's addition in The City Manager met with Department heads to get an update ont their departments. Staff Team worked on door concern for Hoschton Coffee! Shop and Hoschton coffee has Staff Team is working on painting gazebo, patio at the Train Depot and thet trim around the Staff Team is prepping to mulch all of downtown for the Spring and Summer Weather Staff! have met with three different companies to enhance our audio/video for public The City! Manager has worked back and forth with Braselton and Jackson County on IGA for schoolsoccer field. Wev will discuss further in Executive Session on 3/14/2024. Met with Dr.. Jerry Weitz to go over upcomingprojects/developments to present to Mayor &  City! Manager worked with City Clerk to get Council Packet out  alsol beeni int the loop oni this progress. windows at the Police Department  meetings. We are waiting on quotes andi then we will: share.  Council for April's agenda. Staff are continuing to work on Audit. to discuss Park Projects fort the all the police vehicles. for Mulberry Park.  New Building Inspector started: 3/11/2024. Mr. Hul Blackstock.  Mayor Martin, Councilmember Tina Brown along with myself met with Mr. Ricky Sanders Chief Hill and City Manager met with Ms. Shannon, I-Three Program to discuss computers o You will seet this ont the April agenda for your consideration and approval. Mr. Jerry Hood, Ms. Tiffany' Wheeler and joined azoom call to discuss finalizing the grant Mayor Martin, Councilmember Courter, City Manager, DDA Chair, Ms. Tracy. Jordan and  City Attorney met to discuss future DDA Vision Monthly Public Hearing and' Work Session Conducted Waste' Water Expansion Plant- - CMAR Bid Deadline Mety with County Manager to discuss T-SPLOST continue once Town of Braselton gives the go-ahead. Council Retreat Review and Preparation  o You will see this ont the April agenda for your consideration and approval. Discussed IGA1 for Charter School with City Attorney. This project is on hold. Will City Manager and Officer Kessler met with Azaleal Phase 11 to answer questions and  concerns.  pg.1    We will continue to set up meetings with all neighborhoods and schools for better Mayor Martin and City! Manager met with' White Oak Sanitation to discuss concerns from Mayor, City Manager, City Engineer, and Staff met with Deer Creek Concerns, LMIG Project City Manager conducted ride along with Chief of Police, Police Captain, Inspection  partnership within our community.  citizens.  Interviewed for Public' Works position.  and CMARI Project  Department & Public' Works Department  The CityManager will continue to dot this toi improve communication for each We are also working on 2-5-year plans for each department's needs, staffing,  department. funding, projects, etc.  Respectulysubmites, Jennifer Harrison City Manager  pg.2    2024 Budget Projects  City Project Mulberry Park (153 Mulberry) WWTP Phase 2 5t0.95MGD Water Booster Pump WWTP Phase3 95 to 2.0MDG 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  $25Mil  Fall 2025  Sewer  $720,000  Winter 2024  Water  $81 Mil  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 March 2024  Permit activity  113Total permits issued Inspection. Activity  102 were for new single familyresidences 521 inspections were completed Approximately 83% passed Code Enforcement, Activity  Discussed two significant issues with developers  AtP Publixireminded them oft their allowed construction hours There were reports of dumping neart the Cresswind walking trail and near the entrance Cresswind shares with Publix and Twin Lakes off Hwy! 53. Kolteris aware oft the issues and has taken steps to clean upi the areas.    Police Department Report 03/29/2024  1. Reports and Citations- The Police Department generated right at 640 incident numbers since Jan. 1 and wrote 44 citations in the month of  March.  2. Court- We will have court again on April 18th at City Hall.  3. Training- Capt. Bradberry and I attended two days of training in Braselton with multiple law enforcement and fire officers. The first day consisted of High-Risk Unified Command and the second day was Rescue Task Force training. Also thank you to the Mayor and Council that attended! 4. Personnel- Unfortunately we lost Officer Parden to Pendergrass PD. We have started the application process to find a quality replacement.    HOSCHTON  March 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 Pulled monthly Bacteriological samples throughout water system. Replenished Chemicals at both Wells Daily utility! locates, 355 water/sewer locates for the month of March. Recorded all daily, weekly, and monthly Data. Completed and Submitted Monthly Water Reports to EPD Installed 35 New' Water Meters Repaired 3 Water Service leaks. Repaired 2 chemical pumps at the wells Iron, Manganese, Hardness, and Fluoride.  Weekly trucki inspections, along with truck tool inventory. (Mondays)  Pulled random samples throughout the water system and from the wells and tested for Met with Allsouth Construction, the contractor for our water Booster Pump Station. They have began grading and clearing on Amy Industrial for the station. Worked with an engineering company for Kroger and performed a hydrant flow test on  HWY53.    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 Pulled Weekly permit samples Performed weekly permit Lab testing Recorded all daily, weekly, and monthly Data Performed Maintenance on Dewatering Belt Press Performed Weekly and monthly Maintenance on Clarifiers Performed Weekly Sewer pump station and generator check Ran Belt Press weekly to remove excess solids in Plant Weekly Washdown and cleaning of tanks, troughs, and filter Daily utility locates, 355water/sewer locates for the month of March. Completed and Submitted Monthly Wastewater Report (DMR) to EPD Weekly trucki inspections, along with truck tool inventory. (Mondays) Had. Jeff Conley with Oliver Electric come out and look at bad Wiring in UV System Had service quote signed and returned to Chemical company that will be disposing of Monumental Pump came out and pulled pump 1 at Brighton Park Lift Station. Pump had ab bad seal and bearings. They took back to their shop for repair Took: Sewer Jetting Machine to US. Jetting to have yearly service completed Monumental Pump repaired Brighton Park Pump #1 and came out and re-installed. US. Jetting Performed yearly service to our sewer. jetter machine, picked up and placed Met with Wason, our Grinder Pump company, and EMI over at Panther court to evaluate the grinder pump system and needed repairs for our upcoming project. Evaluated two contractors that submitted for our CMAR Sewer Plant Expansion Project. Chose Reeves and Young and we will award at April's Council Meeting. Jeff Conley with Oliver Electric came and replaced some UV bulbs in UV system and had no luck. Still trying to find a supplier for1 the Ballast that are bad. Replaced the Air Compressor in the shop. Old one caught fire and motor burned up. Replaced a water spigot on the back of the shop that was leaking. Found a UV Ballast supplier and they will meet onsite Tuesday April 2nd, with our  old and unneeded chemicals  back in: service  electrician to confirm the replacements.    Had Caterpillar come out to the new Twin Lakes Lift Station and investigate possible Jacob with EPS came out and looked over Brook Glen Generator and topped off with  coolant leak on The Generator. (Under' Warranty)  coolant. Also checked into fault code on Wild Flower Generator. Replaced al bad filter regulator on the belt press machine.    Mayor's Summary  City Council Retreat- - March 26-28  Presentations by DCA, GMA, DDA, Planning and' Water/Sewer Discussed city property, parks, and future projects. Planning & Zoning Training by County. Jamie Dove TSPLOST Meeting with County Manager More discussions coming.  Training/Learning:  Monies based of how manyf feet of road in each city. enniferandlatended Economic Development in Athens  Updates:  Parking Deck-I No update this month Publix-D Due to open late summer/early fall Kroger- - Breaking ground this summer New Community Series Updates: Community Input-June DDA-A August  The Garden & Pasta Masters Update - Matt Ruppel -J July  Mental Health Awareness- -Presented by. Judge Green and NAMI -S September    City of Hoschton  April Monthly Report- Community Alliance Dr. Fredria Sterling, Councilmember  Idid not have al report in March because things were on goingandIwantedi to wait The Hoschton Women's Civic Club's inaugural scholarship application process closed on March 29, 2024.lam proud to say that we. had 63 applications from Jackson County High School and none from East Jackson Comprehensive High Ialso made contact with Empower Comprehensive and College Center which is the old Jackson County High School however Ilearned that their student population comes from both schools. They only have ai few students that are there every day. The HWCC will do the interview process during the month of April and selecta winner tol be announced at the Honor's Day program at each high school. Ihave talked with Empower about Mayor and Council doing a tour oft the school in hopes that we can partner with them and hopefully have a job fair. There are many job opportunities in Hoschton. This would be a good way to channel young people Thanks tol Mayor Martin, wel have partnered with Jackson County to donate items for their Special Olympics. Thanks to the overwhelming donations from Cresswind Next year Ia am hoping to foster a great love ofr reading with a donation of books and partner with West Jackson in a volunteer reading program. Volunteers would go into the schools and read with children.Ihope to get this off the ground for next  until this month to share.  School.  who are not college bound into jobs in our city.  and Brighton Park donated as well.  year.    Learning  Met with. Jackson County Parks and Recreation Director 3/12/2024 Meeting with Georgia Forestry Commission on-site, Oak St park space 4/9/2024  Mayor and Council Retreat 3/26-3/28/2024  Mulberry property 4.78 (6.78) acres Design has been. set finalize thissummer Seek addilional grant money Blankenship property 17,109acres  We are completing the process of obtaining a $500,000 matching granu toi develop, hopingto  General Funds and SPLOSTtO pay for remainder of development  Borders the 7B-acreMubery property" creating a 22-acre central park  Development willl bes a future project 1.78 acres, bordered by creek Hoschton Orchard concept Benches mulch, fencing (?) ideas as well as planting and ideas  Oak Street  Low maintenance, fruit-bearing trees (e.g. blueberry hedges, surrounding apple trees) Details: clean up stream banks, install benches and trash receptacles, fruit trees with Contacted Georgia Forestry Commission- - they offer help with planning and design Contacted UGA Cooperative Extension requesting advisory services, emailed pictures  Researching available advisory and funding help:  04.03.2024    Additional park land acquisition  Adopted LOSi is! 5.33 acres/1,000 residents Current park and open space land inventory is 37.229 acres Exceeds inventory goal for 2024 (29.89ac)  Based on most recent projections, including all recent annexations and rezonings, Hoschton will need an additional 40.44 acres by 2029, then an additional 22.65 acres by 2045 to meet its adopted standard (total acreage needed is projected to be 100.32 by Ihave been using the. Jackson County Tax Assessors mapi to search for useable tracts within, or contiguous to, the city and have begun reaching out to some of those landowners to gauge  2045)  interest  Brainstorming with Mayor,JCPR, others  04.03.2024    OLD BUSINESS  ITEM #1  Ordinance 0-2024-02 Amending the Code of Ordinances Re: Planning & Zoning Commission    1tR Reading: March 19, 2024 2nd Reading: April 30, 2024  CITY OF HOSCHTON STATE OF GEORGIA  ORDINANCE 0-2024-02  AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF HOSCHTON, GEORGIA, CHAPTER: 3, ADMINISIRATON, ARTICLE VII, "BOARDS AND COMMISSIONS" TO. ADOPT Al NEW SECTION 3-801, "PLANNING AND ZONING COMMISSION"; TO: REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITYTO. PROVIDE. AN EFFECTIVE DATE; AND FOR OTHER PURPOSES WHEREAS, The City ofH Hoschton desires to establish a Planning and Zoning Commission and  provide fori its composition, membership, functions, and meetings; and Now, therefore, Council of the City ofHoschton hereby ordains as follows:  Section 1.  The Code ofOrdinances of the City ofHoschton, Georgia, Chapter 3, "Administration," Article VII, Boards and Commissions, , is amended to add a new Section 3-801, "Planning and Zoning  Commission" as follows:  "Section 3-801 Planning and Zoning Commission  1.Establishment. The Mayor and City Council recognize that City business is best conducted by reliance on citizen involvement through the use of advisory committees. Accordingly, a Planning and Zoning Commission for the City of Hoschton is hereby 2.Appointment and Oualifications. Members oft the Planning and Zoning Commission shall be appointed by City Council and shall serve at the pleasure of the City Council." The Commission shall be comprised of seven (7) members. All members of the Commission 3.Term. Initially, the Council shall appoint two members for one-year terms, two members for two-year terms, and three members for three-year terms. After the expiration of the 4.1 Removal. The City Council may remove any member by majority vote at a regularly  established as provided in this section.  shall be residents of the City of] Hoschton.  initial terms, the term of office for each member shall be three years.  scheduled City Council meeting.    Ordinance 0-24-02 Planning Commission  5. Vacancies. Vacancies occurring prior to expiration ofat term shall be filled by 6.Conflict of] Interest. Any member of the Planning Commission who has a property interest in any real property affected by a rezoning action to be considered by the Hoschton City Council, or has a financial interest in any business entity which has a property interest in any real property affected by a rezoning action to be considered by the Hoschton City Council, or who has a family member with such a real property interest or financial interest in a business entity, pursuant to O.C.G.A. 36-67A-2,shall immediately disclose the nature and extent of such interest, in writing, to the Hoschton City Council. The planning commissioner who has an interest as defined in this paragraph shall disqualify himself from voting on the rezoning action. The disqualified planning commissioner shall not take any other action on behalfo of himself or herself or any other person to influence action on the application for rezoning, The disclosures provided for in this paragraph shall be a public record and available for public inspection at any time during normal working hours. A member of the Commission may raise the question of conflict ofi interest of another member regarding as specific issue that is before the Commission. A majority vote oft those planning commissioners without such conflict shall determine ifs such conflict does  appointment for the unexpired portion of the term.  exist.  8.Officers and Duties.  A. Chairperson. The members of thel Planning Commission shall annually electa a chairperson. His/her term of office shall be one year but renewable without restriction. The chairperson shall decide all points of order and procedures. The chairperson may make B.V Vice-Chairperson. The members of the Planning Commission shall annually electay vice- chairperson. His/her term of office shall be for one year but renewable without restriction. The vice chairperson shall serve as acting chairperson in the absence of the chairperson. When acting as chairperson, the vice-chairperson shall have the same powers and duties as C.Minutes. The commission shall keep records, including an agenda and minutes ofevery meeting, Meeting minutes shall indicate all votes taken by the members and those members  motions and vote in all matters that come before the Commission.  the chairperson.  who are in attendance and who are absent from the meeting. 9.Compensation, Quorum, Meetings and Duties.  A. Compensation. The members of the Planning Commission shall not be compensated for their services, but shall be reimbursed for any training and travel expenses approved by B. Quorum. A majority of the Commission (four members) shall constitute a quorum for  City Council.  purposes of conducting business.  2    Ordinance 0-24-02 Planning Commission  C.Meetings. The commission shall hold regular meetings once a month on a date of the week and at a time and place approved by the city: provided, however, that the commission shall not be required to meet if there is no business to conduct. Whenever there is no business for the Planning Commission, the city shall notify members at least 48 hours prior to the scheduled meeting that the upcoming regularly scheduled meeting has been canceled. The chair may call a special meeting of the commission, subiect to compliance with D.] Duties. It shall be the duty of the commission to provide recommendations to the City Council regarding the adoption and implementation of the City's comprehensive plan and to serve in those roles assigned to it by the Hoschton zoning ordinance and the subdivision and land development ordinance ofthe city, as well as any other ordinance that assigns  applicable open meeting laws.  functions to the commission."  Section 2.  All ordinances and parts of ordinances in conflict herewith are hereby repealed.  Section 3.  Ifany portion of this ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portions unless it clearly appears that such other parts are wholly and necessarily dependent upon thej part held to bei invalid or  unconstitutional. Section 4.  The ordinance shall become effective immediately upon its adoption.  Adopted this 30th day of April, 2024.  Debbie Martin, Mayor  This is to certify that I am City Clerk oft the City ofl Hoschton. As such, Ikeep its official records, including its minutes. Int that capacity, my signature below certifies this ordinance was adopted  as stated and will be recorded in the official minutes.  3    Ordinance 0-24-02 Planning Commission  ATTEST:  Jennifer Harrison, City Clerk APPROVED ASTOFORM  Abbott S. Hayes, Jr., City Attorney  FAPlanming&z ZoningVeny Weitz2 2020Plamingo Commission2 2024R RerumilueOaliwmosMauch2,#02MA4AAar  4    OLD BUSINESS  ITEM #2  Ordinance 0-2024-03  Amending the Subdivision and Land Development Ordinance  Re: Planning & Zoning Commission    CITY OF HOSCHTON STATE OF GEORGIA  ORDINANCE 0-2024-03  AN ORDINANCETO. AMEND THEI HOSCHTON SUBDIVISION AND LAND DEVELOPMENT ORDINANCE, ARTICLE! III, GENERAL PROVISIONS," SECTION 303, "CITY COUNCIL AUTHORITY" TO: RETITLE SAID SECTION AND. ASSIGN ROLES TO THE HOSCHTON PLANNING COMMISSION; TO. AMEND ARTICLEI IV, PRBLIMINARY PLAT," SECTION 405, PRELIMINARY PLAT PROCESS ADMINISTRATONPTO REPEAL THE EXISTING PROCESS FLOW CHART ANDTO. ADOPT A NEW PROCESS FLOW CHART; TO. ADOPT A NEW SECTION 408, "PLANNING COMMISSION REVIEW AND RECOMMENDATION," TO AMEND SECTION 1204, "VARIANCES" TO ESTABLISH A ROLE FOR THE PLANNING COMMISSION; TO. AMEND SECTION 1207, AMENDMENT" TO. ESTABLISH Al ROLE FOR THE PLANNING COMMISSIONPTO REPEAL CONFLICTING ORDINANCES; TO: PROVIDE FOR SEVERABLITYIO PROVIDE AN EFFECTIVE DATE; AND: FOR OTHER PURPOSES WHEREAS, The City of Hoschton desires to establish a Hoschton Planning and Zoning Commission (Planning Commission, for brevity) and assign it functions with regard to the review of preliminary plats, variances to the terms oft the subdivision and land development ordinance, and amendments to the subdivision and land development ordinance; and WHEREAS, Notice ofa public hearing before the Hoschton City council was published in a newspaper of general circulation within the City ofHoschton as required by the Hoschton  subdivision and land development ordinance; and  WHEREAS, The City Council conducted a public hearing on this matter;  Now, therefore, Council of the City of Hoschton hereby ordains that the Hoschton Subdivision and Land Development Ordinance, adopted April 4, 2016, as most recently amended December  18, 2023, is hereby amended in the following respects:  Section 1.  The Hoschton subdivision and land development ordinance, Article III, "General Provisions,"  Section 303, "City Council Authority,". is retitled and amended as follows: "Sec. 303. Planning Commission and City Council Authority.  The Planning Commission, as established in the city code, shall have the authority and duty to make recommendations to the City Council regarding preliminary plats for major subdivisions and applications for a variance to the strict terms of this Ordinance. The Hoschton City Council shall review and have decision making authority on applications for  1    Ordinance 0-2024- Subdivision and Land Development Ordinance Amendment  preliminary plat approval and final plat approval for major subdivisions, and applications fora  variance to the strict terms of this Ordinance.  Section 2.  The Hoschton subdivision and land development ordinance, Article IV, Preliminary Plat," Section 405, Preliminary Plat Process Administration," that figure titled "Preliminary Plat" is  hereby repealed and replaced with the following figure:  PRELIMINARY PLAT  Determined Complete Review of PreliminaryPlat  File Complete. Application: Application and Fee PreliminaryPlat (copies) Incomplete Application Returned Returned For Revision  Land Subdivider  Zoning Administrator - Consolidated Comments Planning Commission Reviewa and Recommendation Section 3.  City Engineer  Other Agency Review  Comprehensive Plan  City Council Review and Action  The Hoschton subdivision and land development ordinance, Article IV, Section 408, "Reserved," isa amended to adopt a new Section 408, retitled Planning Commission Review and "Sec. 408. Reserved Planning Commission Review and Recommendation,  Recommendation," to read as follows:  (a). Upon completion of the agency review for a preliminary plat and plat application, the Zoning Administrator shall schedule the preliminary plat application for the next regularly scheduled meeting of the Planning Commission and forward all pertinent materials in the application to the commission for review and  recommendation.  (b) The applicant or his or her authorized representative shall attend the Planning Commission meeting at which preliminary plat approval is sought. The Planning Commission may elect to take no action on a preliminary plat application unless the  subdivider or his or her authorized representative is present.  2    Ordinance 0-2024-_ Subdivision and) Land Development Ordinance Amendment  (c) Meetings ofthe Planning Commission during which a preliminary plat is considered shall be open to the public, but the Planning Commission 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 Planning Commission from recognizing and hearing from any member ofthe (d) The Planning Commission shall recommend approval, conditional approval, or denial of the 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  public, when in its judgment it may be advantageous to do sO.  consideration by the Planning Commission.  (e), The basis of the Planning Commission's review of and action on a preliminary plat shall be whether the preliminary plat meets the purposes and requirements ofthis Ordinance and other applicable laws and is consistent with the comprehensive  plan."  Section 4.  The Hoschton subdivision and land development ordinance, Article XII, "Administrative and Legal Status Provisions," Section 1204, "Variances," is amended to read as follows:  "Sec. 1204. Variances.  (a) Standard for Approval of Variances. Upon application by the subdivider or land developer and after review by the Planning Commission, the Hoschton City Council shall be authorized to grant a variance or variances upon a showing that one or more of 1. There are unusual, exceptional or extraordinary circumstances or conditions applying tot the property that do not apply generally to other property in the same vicinity or use district, and such conditions are not the result of the owner's or occupant's own actions. Such conditions may include topography, unique natural conditions, surroundings of the subject property, or the size or peculiar shape of the lot. 2. Asar result of such unusual circumstance or conditions, there is an unnecessary hardship or practical difficulties that render it difficult to carry out the provisions of 3. The authorization ofs such variance will not be materially detrimental to the public welfare or injurious toj property in the vicinity or district in which the property is located, and the variance will be in harmony with the general purposes and intent of  the following criteria has been met:  this Ordinance.  the provisions of this Ordinance.  3    Ordinance 0-2024- Subdivision and Land Development Ordinance Amendment  4. The variance approved is the minimum variance that will reasonably make possible  the legal use ofthel lots, land, building or structure.  (b) Procedure for Obtaining Variance.  1. Application. Application for a variance shall be filed with the Zoning  Administrator on a: form prescribed by the City.  2. Hearing before Planning Commission. Upon receiving a completed application for a variance, the Zoning Administrator shall arrange for the application to be scheduled for public hearing before the Planning Commission. The applicant shall be notified in writing of the date, time, and place of the hearing. The public shall be given notice of the date, time, place, and nature ofthe hearing by publication in the City's legal organ at least fifteen (15) days prior to the public hearing. At the public hearing, the applicant shall have an opportunity, personally or through counsel, to present evidence and argument 3. Recommendations and Report to Council. The Planning Commission shall review the application at the advertised public hearing. The Planning Commission shall determine whether the evidence supports a finding that the required criteria have been met and recommend approval, conditional approval, or denial of the application to the Hoschton City Council. The Zoning Administrator may write a report and provide findings or recommendations. including conditions of approval.  ins support of his or her application for a variance.  4. Hearing before Hoschton City Council. The Hoschton City Council shall consider and act upon (i.e., approve, conditionally approve, or deny) the variance application after conducting aj public hearing and considering the recommendations oft the Planning Commission and, if provided, those-findings and recommendations oft the Zoning Administrator. The applicant shall be notified in writing oft the date, time, and place oft the hearing held by the Hoschton City Council, by written mail, personal service, or electronic mail, at least fifteen (15) days prior to thej public hearing. The public shall be given notice oft the date, time, place, and nature oft the hearing by publication in the City's legal organ at least fifteen (15) days prior to the public hearing. At the public hearing, the applicant shall have an opportunity, personally or through counsel, to present evidence and argument in support ofhis or 5. Posted Notice of Hearing. In addition to any notice of hearing already specified in this Section, at least fifteen (15) days prior to any public hearing referenced ini this Section, the City shall post at least one (1) sign in a conspicuous location on the property where a variance is sought, stating the date, time, and place of the hearing and specifying the name and address ofthe current owner oft the property, the location of the property, the current zoning district of the property, and the nature of the proposed variance. The sign shall remain on the property until the public  her application for a variance.  4    Ordinance 0-2024-03 Subdivision and Land Development Ordinance Amendment  hearing is held. The City is authorized to charge the applicant a fee for any such sign to cover any costs incurred for its preparation, installation, and removal. (c) Compliance with Conditions ofVariance and Approved Plans. Compliance with any conditions imposed in the Hoschton City Council's approval of a variance, and adherence tot the submitted plans, as approved, is required. Any departure from such conditions of approval and approved plans constitutes a violation ofthis Ordinance and invalidates any  variance issued subject to such conditions."  Section 5.  The Hoschton subdivision and land development ordinance, Article XII, "Administrative and Legal Status Provisions," Section 1207, "Amendment, - is amended as follows:  "Sec. 1207. Amendment.  The Hoschton City Council may amend this Ordinance in ai manner consistent with Georgia law. Before enacting such amendment to this Ordinance, the Planning Commission shall holda public hearing and provide a recommendation on the proposed amendment. The Hoschton City Council shall hold aj public hearing thereon, notice of which shall be published at least fifteen (15) days prior to such hearing in the City's legal organ or a newspaper of general  circulation in the City."  Section 6.  All ordinances and parts ofordinances in conflict herewith are hereby repealed.  Section 7.  Ifany portion of this ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portions unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or  unconstitutional.  Section 8.  This ordinance shall become effective immediately upon its adoption.  Adopted this  day of April, 2024.  Debbie Martin, Mayor  5    Ordinance 0-2024- Subdivision and Land Development Ordinance. Amendment  This ist to certify that I am City Clerk oft the City of] Hoschton. As such, Ikeepi its official records, including its minutes. In that capacity, my signature below certifies this ordinance was adopted  as stated and will be recorded in the official minutes.  ATTEST:  Jennifer Harrison, City Clerk APPROVED ASTOI FORM  Abbott S. Hayes, Jr., City Attorney    OLD BUSINESS  ITEM #3  Ordinance TA-2024-01  Amending the Hoschton Zoning Ordinance Re: Planning & Zoning Commission    CITY OF HOSCHTON STATE OF GEORGIA  ORDINANCE TA: 2024-01  ANORDINANCE TO. AMEND THE HOSCHTON ZONING ORDINANCE, ARTICLEI GENERALSECTON 1.04, PURPOSES,"PARAGRAPH 5TOASSIGN ROLES TO THE HOSCHTON PLANNING AND. ZONING COMMISSION; TO. AMEND ARTICLE VIII, "ZONING AMENDMENTS AND APPLICATIONS," SECTION 8.01, "PROCEDURES FOR CALLING AND CONDUCTING PUBLIC HEARINGS,"S SECTION 8.02, "TEXT AMENDMENIS/SECTON 8.03, "AMENDMENT TO' THE OFFICIAL ZONING MAP," SECTION 8.04, "CONDITIONAL USES," AND SECTION 8.05, VARIANCES" TO ASSIGN ROLES FOR THE PLANNING COMMISSION; TO: REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE AN EFFECTIVE WHEREAS, The City of] Hoschton seeks to assign ai role for the Hoschton Planning and Zoning Commission ("Planning Commission" for brevity) with regard to the review and recommendations pertaining to applications for text amendments, amendments to the official WHEREAS, Notice of public hearings was published in a newspaper of general circulation within the City ofHoschton as required by the zoning procedures law and the Hoschton zoning  DATE; AND FOR OTHER PURPOSES  zoning map, conditional uses, and variances; and  ordinance for text amendments; and  WHEREAS, The City Council conducted aj public hearing on1 this matter;  Now, therefore, Council oft the City of Hoschton hereby ordains that the Hoschton Zoning Ordinance adopted January 4, 2016, most recently amended September 18, 2023, is hereby  amended in the following respects:  Section 1.  The Hoschton zoning ordinance, Article I, "General, ," Section 1.04, "Purposes," paragraph 5is 5. Reserved To assign to the planning commission roles and responsibilities with regard to amendments to the text of this zoning ordinance, applications for amendments to the official zoning map, applications for conditional use, and application for variances, and;  amended as follows:  Section 2.  The Hoschton zoning ordinance, Article VIII, Zoning Amendments and Applications,' Section 8.01, Procedures for Calling and Conducting Public Hearings," paragraphs 1,2, 4, and 13 are  amended as follows:  1    Ordinance TA 2024-01  "Section 8.01. Procedures for Calling and Conducting Public Hearings.  1. Applicability. Public hearings held by the Hoschton City Council as required by this ordinance with regard to rezoning requests (amendments to the official zoning map), applications for conditional uses, applications for variances, and appeals of any administrative decision shall be called and conducted in accordance with the procedures oft this section. Ifthe Planning Commission elects to hold a public hearing ori is otherwise obligated to hold a public hearing per the requirements of this ordinance, then the Planning Commission shall call and conduct its public hearings in accordance with this section, and this section shall in such cases bei interpreted accordingly. Nothing in this section shall be construed as prohibiting the presiding officer from conducting aj public hearing in ai fair, orderly, and decorous manner. 2. Presiding Officer. The presiding officer shall preside over the public hearing. Ini the case ofthe Hoschton City Council, the Mayor shall preside, or in the absence of the Mayor the Mayor Pro Tempore shall preside, or in the absence of both the Mayor and Mayor Pro Tempore, another member oft the City Council shall be designated toj preside over the public hearing. In the case of the Hoschton Planning Commission, ifaj public hearing isr required or held, the chairperson ofsaid commission shall preside, or in the absence of the chairperson, the vice chairperson, or if neither is present to preside, another member of the commission shall be designated to preside. 4. Report ofZoning Administrator. Upon opening the public hearing, the presiding officer may recognize the Zoning Administrator, who may provide a summary oft the application and present any recommendations or results ofinvestigations. The Zoning Administrator shall also summarize the recommendations made by the Planning Commission. Any member of the City Council upon recognition by the presiding officer may ask questions oft the Zoning Administrator or designee or other city representative providing a report or recommendations. The Zoning Administrator may be represented at 13.1 Decision. After the public hearing is closed, the City Council may either vote upon the application or may delay its vote to a subsequent meeting, subject to the limitations of this article, provided that notice oft the time, date and location when such application will bei further considered shall be announced at the meeting during which the public hearing is held. After hearing evidence, in making a decision, the City Council will apply the evidence to the criteria specified in this article for the application in question and other considerations and recommendations as may be considered appropriate. Ifthe City Council determines from the evidence presented by the applicant has shown that the proposed application promotes the health, safety, morals, and general welfare under applicable criteria, then the application shall be granted, subject to those reasonable conditions as may be imposed by the City Council on its own initiative or as recommended by the Zening-Adminisimaier: Planning Commission. Otherwise, such  the public hearing by written report in lieu oforal testimony.  application shall be denied.  2    Ordinance' TA: 2024-01  Section 3.  The Hoschton zoning ordinance, Article VIII, "Zoning Amendments and Applitcations."Section 1. Authority to Amend. The City Council may amend any article or section oft this zoning ordinance, subject to compliance with the requirements ofthis section. 2. Authority tol Initiate. An application to amend this zoning ordinance may be initiated by the City Council, OF the Planning Commission, or the Zoning Administrator with prior consent oft the Mayor. In addition, any person, firm, corporation, or agency may initiate by application to the Zoning Administrator aj proposal to amend the text of this zoning ordinance, provided said individual, firm, corporation, or agency is the owner or owner's agent of property in the city and the amendment sought pertains in some way to said property within the city, and provided further that the applicant has attended aj pre- application meeting with the Zoning Administrator to discuss the amendment proposal 3. Application. Applications to amend the text oft this zoning ordinance shall require submittal of an application fee, application form, and proposed text amendment in a form approved in advance by the. Zoning Administrator. The Zoning Administrator shall waive the application fee required by this section when an application is initiated by the City 4. Reserved. Referral to and Recommendation by Planning Commission. Upon receipt ofa completed application for a text amendment or within a reasonable time thereafter, the Zoning Administrator shall refer the text amendment to the Planning Commission. The meeting at which the Planning Commission considers a text amendment shall be open to the public, but thel Planning Commission meeting shall not be required to be an advertised public hearing and the Planning Commission shall not be obligated to but may hold a public hearing on the text amendment. The Planning Commission shall make a recommendation on the text amendment within 35 days of the meeting it is first scheduled to consider the text amendment, and its recommendation shall be submitted to the City Council. The Planning Commission may submit any additional report it deems appropriate. The applicant will be notified in writing by the Zoning Administrator of the recommendation within seven (7) working days of the decision. The recommendation and any report shall upon publication be available upon request to the public. The recommendation of the Planning Commission shall have an advisory effect only and shall not be binding 5. Notice of City Council Public Hearing. At least 15 but not more than 45 days prior to the date of the public hearing before the City Council, the Zoning Administrator shall cause to be published within ai newspaper of general circulation within the territorial boundaries of the city a notice oft the public hearing on the text amendment. The notice shall state the  8.02, "Text Amendments," is amended as follows:  prior to filing.  Council or the Planning Commission or Zoning Administrator.  on the City Council.  time, place, and purpose ofthe public hearing.  3    Ordinance TA 2024-01  6. City Council Public Hearing and Action. The City Council shall hold a public hearing on the text amendment as advertised and after review and recommendation by the Planning Commission. In the event that the Planning Commission has not submitted its report and the public hearing has already been advertised, the City Council may elect to proceed with the advertised and scheduled public hearing, or it may reschedule and re-advertise the public hearing for a day after which the Planning Commission's recommendation will be available. In rendering a decision on any such text amendment, the City Council shall consider all information supplied by the Zoning Administrator and the Planning Commission, any information submitted by the applicant, and any information presented at the public hearing. The City Council may approve or disapprove the proposed text amendment as written, or it may modify the proposed text amendment and approve it as modified. The applicant will be notified in writing by the Zoning Administrator of the decision within seven (7) working days ofthe 7. Withdrawal. Any application for an amendment to the text of this zoning ordinance may be withdrawn at any time at the discretion oft the person or entity initiating such a request upon notice to the Zoning Administrator, up until the public hearing by the City Council. When any application for ai text amendment is initiated by a party other than the City Council, OF the Planning Commission or the Zoning Administrator, no refund oft the required application fee or portion thereof shall be made once the text amendment has  decision.  been scheduled for public hearing.  Section 4.  The Hoschton zoning ordinance, Article VIII, Zoning Amendments and Applications, - Section 1. Authority to Amend. The City Council may amend any boundary ofaz zoning district as shown on the official zoning map, subject to compliance with the requirements ofthis 2. Authority to Initiate. An application to amend the official zoning map may be initiated by the City Council. In addition, any person, firm, corporation, or agency may initiate by application to the Zoning Administrator a proposal to amend the official zoning map, provided said individual, firm, corporation, or agency is the owner or owner's agent oft the 3. Application. Applications to amend the official zoning map: shall require submittal of an application fee, application form, and supporting materials specified by this. No application described ini this section shall be processed by the Zoning Administrator unless it is found to be complete with regard to application materials, payment off fees, supportive materials, and any other application requirements specified by this section. If an application described and regulated by this section does not comply with all the submission requirements of this section, the Zoning Administrator may reject the  8.03,"Amendment to the Official Zoning Map,"  is amended as follows:  section.  property involved in said application.  4    Ordinance TA 2024-01  application and refuse toj process it. The. Zoning Administrator shall waive the application fee required by this section when an application isi initiated by the City Council. 4. Application Requirements. No application specified in this section shall bej processed by the Zoning Administrator unless it meets the requirements oft this section as follows: (a) Application fee as established by resolution oft the City Council;  (b) Application form furnished by the Zoning Administrator, including signed and  notarized signature ofp property owner; (c) Metes and bounds legal description of the property;  (d) Boundary survey plat oft the property; provided, however, that where no survey is available the Zoning Administrator may but is not obligated to, accept a map oft the subject property from the Jackson County Tax Assessors or other reliable source; (e) Letter ofintent describing the proposed use oft the property or other action requested, which may include any special conditions voluntarily made by the applicant as a part oft the request. The applicant is also strongly encouraged to address the extent to which the application meets the criteria specified in this section for amendments to (f) Site plan of the property and proposed development at an appropriate engineering scale showing the proposed use and relevant information regarding proposed improvements. Site plans must show existing roads and streams, flood plains and wetlands where applicable, existing and proposed buildings and structures, parking and loading areas as may be applicable, areas of existing vegetation or parts oft the site to be landscaped, conceptual information about drainage and stormwater management, and other information as reasonably required by the Zoning Administrator. Site plans may be waived for rezoning applications for agricultural or  the official zoning map; and  residential zoning districts.  5. Reserved. Referral to and Recommendation by Planning Commission. Upon receipt ofa completed application to amend the official zoning map or within a reasonable time thereafter, the Zoning Administrator shall refer the: application to the Planning Commission. The meeting at which the Planning Commission considers the application shall be open to the public, but thel Planning Commission meeting shall not be required to be an adyertised public hearing and the Planning Commission shall not be obligated to but may hold a public hearing on the application. The Planning Commission shall make a recommendation on the application within 35 days of the meeting iti is first scheduled to consider the application, and its recommendation shall be submitted to the City Council. The Planning Commission may submit any additional report it deems appropriate. The applicant will be notified in writing by the Zoning Administrator of the recommendation within seven (7) working days of the decision. The recommendation and any report shall  5    Ordinance TA 2024-01  upon publication be available upon request to the public. The recommendation of the Planning Commission shall have an advisory effect only and shall not be binding 6. Notice of City Council Public Hearing. At least 15 but not more than 45 days prior to the date oft thej public hearing before the City Council, the Zoning Administrator shall cause to be published within a newspaper of general circulation within the territorial boundaries ofthe city a notice oft the public hearing on the application. The notice shall state the time, place, and purpose of the public hearing. Ift the application is initiated by aj party other than the City Council, then in addition, notice shall include the location of the property, the present zoning classification oft the property, and the proposed zoning classification of thej property; and a sign containing said required information shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the public hearing before the City Council and which shall remain through the date ofany 7. City Council Public Hearing and Action. The City Council shall hold aj public hearing on the application as advertised.. In the event that the Planning Commission has not submitted its report and the public hearing has already been advertised, the City Council may elect to proceed with the advertised and scheduled public hearing, ori it may reschedule and re-advertise the public hearing for a day after which the Planning Commission's recommendation will be available.-In rendering a decision on any such application, the City Council shall consider all information supplied by the Zoning Administrator and the Planning Commission, any information submitted by the applicant, any information presented at the public hearing, and the extent to which the application meets the criteria specified for amendments to the official zoning map as prescribed in this section. The City Council may approve or disapprove the application as proposed, ori it may place conditions ofa approval on1 the application and approve the application with conditions. The applicant will be notified in writing by the Zoning Administrator of the decision within seven (7) working days ofthe decision. 8. Withdrawal. Any application for an amendment to the official zoning map may be withdrawn at any time at the discretion of the person or entity initiating such ai request upon notice to the Zoning Administrator, up until the public hearing by the City Council. When any application is initiated by a party other than the City Council, noi refund oft the required application fee or portion thereof shall be made once the application has been 9. Limitations on the Frequency of] Filing Applications. No application regulated by this section and affecting the same or any portion of property which was denied by the City Council shall be accepted for filing by aj property owner until twelve months shall have elapsed from the date said application was denied by the City Council. The same or any portion ofj property previously considered in a zoning map amendment which was denied by the City Council may not again be initiated by the City Council until the expiration of at least six months immediately following the final decision rendered on the application  on the City Council.  public hearings advertised thereon.  scheduled for public hearing.  by the City Council.  6    Ordinance TA: 2024-01  Section 5.  The Hoschton zoning ordinance, Article VIII, "Zoning Amendments and Applications, , Section 1. Authority. Upon application, the City Council may approve, conditionally approve, or deny applications for conditional uses as specified ini the zoning district regulations of this ordinance, subject to compliance with the requirements of this section. 2. Application. Applications for conditional use approval shall require submittal of an application fee, application form, and supporting materials specified by this section in advance by the Zoning Administrator. No application described in this section shall be processed by the Zoning Administrator unless it is found to be complete with regard to application materials, payment ofi fees, supportive materials, and any other application requirements specified by this section. Ifa an application described and regulated by this section does not comply with all the submission requirements oft this section, the Zoning 3. Application Requirements. No application specified in this section shall be processed by the Zoning Administrator unless it meets the requirements oft this section as follows:  8.04, "Conditional Uses," is amended as follows:  Administrator may reject the application and refuse to process it.  (a) Application fee as established by resolution oft the City Council;  (b) Application form furnished by the Zoning Administrator, including signed and  notarized signature of property owner; (c) Metes and bounds legal description oft the property;  (d) Boundary survey plat of the property; provided, however, that where no survey is available the Zoning Administrator may but is not obligated to accept ai map oft the subject property from the Jackson County Tax Assessors or other reliable source; (e) Letter ofintent describing the proposed use of the property, which may include any special conditions voluntarily made by the applicant as a part of the request. The applicant is also strongly encouraged to address the extent to which the application meets the criteria specified in this section for conditional uses; and (f) Site plan of the property and proposed development at an appropriate engineering scale showing the proposed use and relevant information regarding proposed improvements. Site plans must show existing roads and streams, flood plains and wetlands where applicable, existing and proposed buildings and structures, parking and loading areas as may be applicable, areas of existing vegetation or parts oft the site to be landscaped, conceptual information about drainage and stormwater  7    Ordinance TA: 2024-01  management, and other information as reasonably required by the Zoning  Administrator.  4. Reserved. Referral to and Recommendation by Planning Commission. Upon receipt ofad completed application for conditional use or within a reasonable time thereafter, the Zoning Administrator shall refer the application to the Planning Commission. The meeting at which the Planning Commission considers the application shall be open to the public, but the Planning Commission meeting shall not be required to be an advertised public hearing and the Planning Commission shall not be obligated to but may hold a public hearing on the application. The Planning Commission shall make a recommendation on the application within 35 days of the meeting it is first scheduled to consider the application, and its recommendation shall be submitted to the City Council. The Planning Commission may submit any additional report it deems appropriate. The applicant will be notified in writing by the Zoning Administrator of the recommendation within seven (7)working days of the decision. The recommendation and any report shall upon publication be available upon request to the public. The recommendation of the Planning Commission shall have an advisory effect only and shall not be binding 5. Notice of City Council Public Hearing. At least 15 but not more than 45 days prior to the date oft the public hearing before the City Council, the Zoning Administrator shall cause tol be published within a newspaper of general circulation within the territorial boundaries ofthe city ai notice oft the public hearing on the application. The notice shall state the time, place, and purpose oft the public hearing. Ifthe application is initiated by aj party other than the City Council, then in addition, notice shall include the location of the property, the present zoning classification oft the property, and the proposed conditional use of the property; and a sign containing said required information shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the public hearing before the City Council and which shall remain through the date ofa any public 7. City Council Public Hearing and Action. The City Council shall hold a public hearing on the application as advertised. In the event that the Planning Commission has not submitted its report and the public hearing has already been advertised, the City Council may elect to proceed with the advertised and scheduled public hearing, or it may reschedule and re-advertise the public hearing for a day after which the Planning Commission's recommendation willl be available-In rendering a decision on any such application, the City Council shall consider all information supplied by the Zoning Administrator and the Planning Commission, any information submitted by the applicant, any information presented at the public hearing, and the extent to which the application meets the criteria specified for conditional uses as prescribed in this section. The City Council may approve or disapprove the application as proposed, ori it may place conditions ofa approval on the application and approve the application with conditions. The applicant will be notified in writing by the Zoning Administrator oft the decision  on the City Council.  hearings advertised thereon.  within 7 working days of the decision.  8    Ordinance TA 2024-01  8. Withdrawal. Any application for conditional use may be withdrawn at any time at the discretion of the person or entity initiating such ai request upon notice to the Zoning Administrator, up until the public hearing by the City Council. When any application is initiated by aj party other than the City Council, no refund ofthe required application fee or portion thereof: shall be made once the application has been scheduled for public 9. Limitations on the Frequency of Filing Applications. No application regulated by this section and affecting the same or any portion of property which was denied by the City Council shall be accepted for filing by aj property owner until twelve months shall have elapsed from the date said application was denied by the City Council.  hearing.  Section 6.  The Hoschton zoning ordinance, Article VIII, "Zoning Amendments and Applications," Section 7. Reserved. Referral to and Recommendation by Planning Commission. Upon receipt ofac completed application for variance or within a reasonable time thereafter,the Zoning Administrator shall refer the application to the Hoschton Planning Commission. The meeting at which the Planning Commission considers the application shall be open to the public, but the Planning Commission meeting shall not be required to be an advertised public hearing and thel Planning Commission shall not be obligated to but may hold a public hearing on the application. The Planning Commission shall make a recommendation on the application within3 35 days of the meeting it is first scheduled to consider the application, and its recommendation shall be submitted to the City Council. The Planning Commission may submit any additional report it deems appropriate. The applicant will be notified in writing by the Zoning Administrator of the recommendation within seven (7) working days of the decision. The recommendation and any report shall upon publication be available upon request to the public. The recommendation of the Planning Commission shall have an advisory effect only and shall not be binding 10. City Council Public Hearing and Action. The City Council shall hold aj public hearing on the application as advertised and after review and recommendation by the Planning Commission. In the event that the Planning Commission has not submitted its report and the public hearing has already been advertised, the City Council may elect to proceed with the advertised and scheduled public hearing, or it may reschedule and re-advertise the public hearing for a day after which the Planning Commission's) recommendation will be available. In rendering a decision on any such application, the City Council shall consider all information supplied by the. Zoning Administrator and thel Planning Commission, any information submitted by the applicant, any information presented at the public hearing, and the extent to which the application meets the criteria specified for conditional uses as prescribed in this section.  8.05, "Variances," paragraphs 7" and 10" are amended as follows:  on the City Council.  9    Ordinance TA 2024-01  The City Council may approve or disapprove the application as proposed, ori it may place conditions ofapproval on the application and approve the application with conditions. The applicant will be notified in writing by the Zoning Administrator oft the decision  within seven (7) working days of the decision.  Section 7.  All ordinances and parts of ordinances in conflict herewith are hereby repealed.  Section 8.  Ifany portion of this ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portions unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to bei invalid or  unconstitutional.  Section 9.  This ordinance shall become effective immediately upon adoption.  Adopted this  day of April, 2024.  Debbie Martin, Mayor  This is to certify that I am City Clerk of the City ofHoschton. As such, Ikeep its official records, including its minutes. In that capacity, my signature below certifies this ordinance was adopted  as stated and will be recorded ini the official minutes.  ATTEST:  Jennifer Harrison, City Clerk APPROVED ASTOI FORM  Abbott S. Hayes, Jr., City Attorney  10    NEW BUSINESS  ITEM #1  Planning and Zoning Commission  Members & Terms    Planning and Zoning Commission Members  Term Through 2025: 1. Scott Butler 2. Brenda Stokes  Term Through 2026: 1.Ace Acevedo 2. Geoffrey Horney  Term Through 2027: 1.C Chuck. Jonaitis 2. Christine Moody 3. Tom Vivelo    NEW BUSINESS  ITEM #2  Planning and Zoning Commission  2024 Meeting Schedule    Planning & Zoning Commission 2024 Meeting Dates  May2 22, 2024 June 26, 2024 July24,2024 August 21,2024 September 25, 2024 October 23, 2024 November 20, 2024 ** December 18, 2024 **  The Commission will meet on the 4th Wednesday of each month  at 6:00pm Hoschton Community Center 650 City Square Hoschton, GA30548  **Meeting date adjusted from regular schedule by one week to avoid  holiday conflict.    NEW BUSINESS  ITEM #3  Recommendation to Initiate a Zoning Ordinance Text Amendment Regarding the Planned Unit Development (PUD) District    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 Zoning8 &L Land Use Regulations Land Development. Applications Expert Testimony ZoningA Administration  MEMORANDUM  TO: FROM: DATE:  Honorable Mayor and City Council, City of Hoschton Jerry' Weitz, Consulting Planner, City of Hoschton  April 2, 2023  SUBJECT: Hoschton City Council April 11, 2024, Work Session Agenda Item: Recommendation  to Initiate a Zoning Ordinance Text Amendment Regarding the Planned Unit Development (PUD) District of the zoning ordinance (Sec. 408)  During discussion during the retreat in late March, the city council discussed the need to make changes tot the city's Planned Unit Development Ordinance. The city council's formal approval to initiate suchan Accordingly, iti is recommended that the city council formally vote at its regular session on April 30th to Ifar motion toi initiate is approved, it sets in motion the formal process. As council members are aware, we anticipate on April 30th the council will adopt Ordinance 0-24-02 establishing the Hoschton Planning and Zoning Commission, appoint the commission members at that time, and also approve an amendment to the: zoning ordinance (Ordinance TA: 24-01)assigning recommending authority to the planning  amendmentordinance is required per Section 802 of the zoning ordinance. initiate an amendment to the: zoning ordinance to revise the PUD: zoning district.  commission for zoning text amendments.  The schedule for consideration of this matter would therefore be as follows:  1. Planning and Zoning Commission public hearing and recommendation: May 29, 2024  2. City Council public hearing June 13, 2024 3. City Council vote as early as. June 18, 2024 following among other considerations as appropriate:  The exact content of the amendment need not bet fully articulated at this time. However, the council's discussion centered on the following matters, andi iti is anticipated the amendment would address the  Establishment of a' "cap" on allowable density (the current allowable maximum residential density Consideration of a requirement that PUD applicant must contain non-residential uses in addition Ingeneral, tailor the regulations to more precisely fit the purposes and intentions of the PUD Itis anticipated that the language of the amendment could be ready for council review prior to the April 30th voting session, particularly since the matter must be advertised in advance of the May 29th planning  is 12 units per acre in the MFR Multiple-Family Residential District).  tor residential uses (specifics to be determined).  zoning district.  commission meeting.  1    NEW BUSINESS  ITEM #4  Recommendation to Initiate a Zoning Ordinance Text Amendment  Regarding the MU (Mixed Use) District    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 &L Land Use Regulations Land Development Applications Expert Testimony Zoning/ Administration  MEMORANDUM  TO: FROM: DATE:  Honorable Mayor and City Council, City of Hoschton Jerry' Weitz, Consulting Planner, City of Hoschton  April2, 2023  SUBJECT: Hoschton City Council April 11, 2024, Work Session Agenda Item: Recommendation  tol Initiate a Zoning Ordinance Text Amendment Regarding the MU (Mixed Use) District of  the zoning ordinance (Sec. 414)  During discussion during the retreat in late March, I brought up the point that the city's! MU (Mixed Use) zoning district should be revisited and probably inactivated (i.e., retaining it because iti is mapped in one location but making itt to where one cannot rezone to this district). The city council's formal approval to initiate such an amendmentordinance is required per Section 802 of the zoning ordinance. Accordingly, iti is recommended that the city council formally vote ati its regular session on April 30thto initiate an amendment to the. zoning ordinance to revise the MU: zoning district. Ifar motion to initiate is approved, its sets in motion thei formal process. As council members are aware, we anticipate on April 30th the council will adopt Ordinance 0-24-02 establishing the Hoschton Planning and Zoning Commission, appoint the commission members at that time, and also approve an amendment to thez zoning ordinance (Ordinance TA 24-01) assigning recommending authority to the planning  commission for zoning text amendments.  The schedule for consideration oft this matter would therefore be as follows:  1. Planning and Zoning Commission public hearing and recommendation: May 29, 2024  2. City Council public hearing June 13, 2024 3. City Council vote as early as June 18, 2024  The exact content of the amendment need not be fully articulated at this time. However, iti is anticipated that thel language of the amendment could be ready for council review prior to the April 30th voting session, particularly since the matter must be advertised in advance oft the May 29th planning commission  meeting.  1    NEW BUSINESS  ITEM #5  Recommendation to Initiate a Zoning Ordinance Text Amendment to Establish a Time Limit Regarding Development  Pursuant to a Conditional Zoning Approval    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 &1 Land Use Regulations Land Development Applications Expert Testimony Zoning Administration  MEMORANDUM  TO: FROM: DATE: SUBJECT:  Honorable Mayor and City Council, City of Hoschton Jerry' Weitz, Consulting Planner, City of Hoschton  April2, 2023  Hoschton City Council April 11, 2024, Work Session Agenda Item: Recommendation to Initiate a Zoning Ordinance Text Amendment to Establish a Time Limit Regarding  Development Pursuant to a Conditional Zoning Approval  During discussion during the retreat in late March, city council members discussed the need to consider some sort of time limit on development approved per conditional zoning applications. The perceived problem is that property will get rezoned with conditions but then there may be no development activity for years. Fori instance, the' "Pirkle" annexation and zoning to M-1 and PUD was done more than two years ago now but no development has occurred, and there is concern about large projects such as that one (and others) staying "on the books" without any activity. The city council's formal approval to initiate such Accordingly, iti is recommended that the city council formally vote at its regular session on April 30thto initiate an amendment tot the zoning ordinance to establish some sort oft time limitation associated with conditional zoning approvals. Some communities refer to this as reversion of zoning approval. However, because the calendar (or time) itself cannot on its own change a zoning district, a "reversionary" clause or "sunset" provision would not be allowable (ie., only the local government elected body can make a Ifar motion to initiate is approved, it sets in motion the formal process. As council members are aware, we anticipate on April 30th the council will adopt Ordinance 0-24-02 establishing the Hoschton Planning and Zoning Commission, appoint the commission members at that time, and also approve an amendment to the: zoning ordinance (Ordinance TA: 24-01) assigning recommending authority to the planning The schedule for consideration of this matter would therefore be as follows:  an amendmentordinance is required per Section 802 of the: zoning ordinance.  legislative decision to change the: zoning ofa a piece of property).  commission for: zoning text amendments.  1. Planning and Zoning Commission public hearing and recommendation: May 29, 2024  2. City Council public hearing June 13, 2024 3. City Council vote as early as June 18, 2024  The exact content of the amendment need not be fully articulated at this time. However, iti is anticipated that the language of the amendment could be ready for council review prior to the April 30th voting session, particularly since the matter must be advertised in advance of the May 29th planning commission  meeting.  1    NEW BUSINESS  ITEM #6  Wastewater Treatment Facility Expansion to 0.95MGD  Award of CMAR Contract to Reeves Young, LLC    ENGINEERING MANAGEMENT Experience . Trust . Solutions  EM  March 25, 2024 City of Hoschton 79 City Square Hoschton, GA 30548  Civiland Environmental Engineers  Honorable Debbie Martin, Mayor martin@cityothoschton.com  Re: Wastewater Treatment Facility Expansion to 0.95 MGD, Report on  CMAR Proposals Received and Recommendations  Dear Mayor:  Following completion of draft plans and related documents, the City duly advertised for CMAR proposals for the required four weeks. The project was posted locally on the City's website and on the GLGA website. In addition, the project was advertised in the Georgia Procurement Registry and direct invitations for proposals were sent out to licensed utility Proposals were received by March 15, 2024, at 2:00 PM, and have been reviewed this past The City received two proposals from Qualified Contracting Firms as follows:  Contractors. week.  Lakeshore Engineering, LLC 1259 Ellsworth Drive Atlanta, GA 30318 Reeves Young, LLC 45 Peachtree Industrial Boulevard Sugar Hill, Georgia 30518  A review committee was appointed by the City and, in accordance with the RFQ specifications, the proposals were reviewed, and a complete review of the submittals was completed. Each committee member ranked the proposals in accordance with the rating The appointed review committee met on March 21, 2024, toi review the scoring and provide Both firms scored very high, as both are very qualified and have substantial resources..  and selection criteria.  arecommendation ofaward of the CMAR contract.  303 Swanson Drive Lawrenceville, Georgia 30043 . Office 770.962.1387 . Fax770.962.8010 . www.eminc.biz    Honorable Debbie Martin, Mayor  March 25, 2024 Page 2of2  Based on the scoring and review by the Committee, Reeves Young has been selected as the recommended firm for this project. Please find the scoring tabulation attached. Prior to official award by the City, the selected firm is required to submit proposed Preconstruction Phase Fees as a lump sum cost. This fee consists of2 parts, for design and for equipment procurement. Reeves Young has proposed total fee of$125,000. This fee is commensurate with the industry and EMI sees no issue with the amount. Also, Reeves Young is required to submit its Construction Phase Service Fee as a percentage of the total construction costs (yet to be determined). This fee percentage proposed is 6%. This fee is also commensurate with the industry for this size and nature ofwork, and EMI sees no issue with the amount. Please see these fees attached to the notice ofaward. Therefore, EMI sees no reason not to award the contract to Reeves Ift the City Council agrees with this recommendation, we have enclosed an official Notice We look forward to working with the City and staffi in the implementation of this  Young, LLC of Sugar Hill, Georgia. ofA Award Form for execution. important project.  Please feel free to contact us at any time should you have questions. We appreciate our  continued association with the City ofl Hoschton.  Sincerely,  ENGINEERING MANAGEMENT, INC.  Re 73rk Russ Brink, PE rbrink@eminc.biz Enclosures: Notice of Award  cc: Ms. Jennifer Kidd-Harrison, City Manager Mr. Brett Day, Superintendent Mr. Jerry Hood, EMI  ZPROJECI5I2020023 -Hoschton' WWTF Upgrade 0.95 MGD/Bid Phase)BP4-Engr'sl Recommendation: ofA Award-Budget Analysis/20023 award  recommendation CMAR Proposals 032124BP4.docx BP4  303 Swanson Drive . Lawrenceville, Georgia 30043 . Office 770.962.1387 - Fax 770.962.8010 www.eminc.biz    K DE W 6o  H W W B  8 H DE 09 B  8 K W 9 de  a R R D9 6  A A B 8 a  R R W W B  8 K W de de    NOTICE OF AWARD  Date of Issuance: Owner: Owner's Advisor: Project: Proposer:  April City of Hoschton Engineering Management, Inc. Reeves Young, LLC  2024  Project No.: 20-023 Project No.: 20-023  Wastewater Treatment Facility Expansion to 0.95 MGD  Proposer's Address: 45 Peachtree Industrial Boulevard, Sugar Hill, Georgia 30518 and that you are the successful Proposer and are awarded the Contract.  You are notified that Owner has accepted your Proposal dated March 15, 2024, for the above Contract, The Total Amount of Contract Award is $[to be determined) The Contract Price is subject to adjustment based on the provisions of the Contract. Preconstruction CMAR Phase Fees in the total of $125,000.00 and the Percentage Fee for Construction CMAR Phase Services shall be 6% in accordance with Exhibit B- Five (5) unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy oft the Contract Documents accompany this Notice of Award or has been transmitted or made available to You must comply with the following conditions precedent within 15 days of the date of receipt of this 1. Deliver to Owner Five (5) counterparts of the Agreement, signed by successful Proposer, as 2. Deliver to Owneri ther required insurance documentation, as specified int the Request for Proposals and int the General Conditions, Articles2and 6, with the signed. Agreement. 3. Deliver written confirmation that successful Proposer, as Construction Manager at Risk, will furnish Contract security, such as required performance and payment bonds, when the first Work Authorization is issued, as specified ini the General Conditions, Articles 2 and 6. Such confirmation Failure to comply with these conditions within the time specified will entitle Owner to consider you in Within 10 days after you comply with the above conditions, Owner will return to you one fully signed counterpart of the Agreement, together with any additional copies of the Contract Documents as  Section 525 attached. Proposer electronically. Notice of Award:  Drawings will be delivered separately from the other Contract Documents.  Construction Manager at Risk.  will identify the surety that willi issuei the bonds, if bonds are required. default, annul this Notice of Award, and declare your proposal security forfeited.  indicated in Paragraph 2.02 of the General Conditions.  Dated, This  day of April 2024, by:  Debbie Martin, Mayor  Jennifer Kidd Harrison, City Manager  20-023EJCDC" CMAR-510, Notice ofA Award- -Construction Manager at Risk Series. Copyright" 2023 Nationals Societyo of Professional Engineers, American Council ofE Engineering Companies, and/ American Societyo of Civil Engineers. Allr rights reserved.  Page1 1ofi    WASTEWATER TREATMENT FACILITY EXPANSION to 0.95 MGD  FOR THE  CITY OF HOSCHTON, GEORGIA EXHIBIT B CMAR 525 AGREEMENT CMAR PRE-CONSTRUCTION PHASE SERVICES FEES  1.Basic Pre- Construction Services for Design (Lump Sum) 2. Basic Procurement Services for Equipment (Lump Sum)  $75,000 $50,000  Total CMAR Pre-Construction Services Fee= $_ $125,000  Note: Shalla any additional Basic Pre-Construction: Services or Basic Procurement Services be determined necessary by Owner during Preconstruction Phase. These services shall be determined on a negotiated fee anda added ina a Contract amendment. CMAR CONSTRUCTION PHASE SERVICES FEE AS A PERCENTAGE OF TOTAL ESTIMATED COST OF CONSTRUCTION WORK AGREED UPON PRIOR TO STARTING PRE- CONSTRUCTION PHASE SERVICES, PRIOR TO DETERMINATION OF A GUARANTEED Note: For Construction Services, per Article 7 of the Agreement (Section! 525) Owner: shall pay CMAR at feet for overhead: and profit ina accordance with Article 7 as a percentage oft the total Cost oft the Work, These costs are excluding worki int the Pre-  MAXIMUM PRICE. PERCENT FEE IS BINDING  Construction Services Phase.  CMAR Construction Services Fee=  6  %  Submitted by Reeves Young, LLC    NEW BUSINESS  ITEM #7  Statewide Mutual Aid Agreement    Statewide Mutual Aid Agreement (SWMAA)  FAQs  Why dol Ineed to do this?  Pre-existing agreements for mutual aid assistance in emergencies help to ensure the timely provision of mutual aid assistance and reimbursement of costs incurred byt those parties who render such assistance. This agreement also provides the framework to support mutual assistance in managing an emergency or disaster occurring within any political subdivision that is al Participating Party, whether arising from natural disaster, technological hazard, human caused disaster, civil emergency, community disorders, insurgency, enemy attack, acts of terrorism, or other significant events or homeland security activities. Participating Party means a county or municipality of the State of Georgia that has become party to this Agreement by its approval and execution of this agreement. Your GEMA/HS EM Field Coordinator can  What other jurisdictions are involved?  assist you with this.  What kind of assistance are we talking about?  "Assistance" includes personnel, equipment, facilities, services, supplies and other resources furnished to a Requesting Party pursuant to this Agreement during an emergency or disaster.  Who will our resources be working for?  The Assisting Party's mutual aid resources will continue under the command and control of their own supervisors, but the organizational units will be under the operational control of the emergency services authorities of the Requesting Party unless the Assisting Party approves an alternative.  What if my jurisdiction doesn't want to send resources? of thej jurisdiction's own political subdivision. What about liabilityand reimbursement?  Aj jurisdiction may withhold resources to the extent necessary to meet the current or anticipated needs  Those issues are covered in Article VI Liability and Immunity, and Article VIII Reimbursement in the  Agreement.  Whati if myi jurisdiction wants to withdraw from this agreement?  Any Participating Party may withdraw from this Agreement by mailing notice of withdrawal, approved by the governing authority of such political subdivision, but no such withdrawal shall take effect until 30 days after the governing authority of the withdrawing political subdivision has given notice in writing ofs such withdrawal to the governing authorities of all other Participating Parties. Such action shall not relieve the withdrawing political subdivision from obligations assumed hereunder prior to the  effective date of withdrawal.    STATEWIDE MUTUAL AID AND ASSISTANCE. AGREEMENT  Countly/Municipality:  The State of Georgia is vulnerable to a wide range of natural and man-made disasters and emergencies. The Georgia Emergency Management Act, as amended (The Act) gives the local governments oft the State the authority to make agreements for mutual aid assistance in emergencies. Pre-existing agreements for mutual aid assistance in emergencies help to ensure the timely provision ofmutual aid assistance and the reimbursement of costs incurred by those parties who render such assistance. This mutual aid agreement is entered pursuant to authorities contained in Articles It through III,  Chapter 3, Title 38, Official Code of Georgia Annotated.  ARTICLEI  STATEMENT OF AGREEMENT. DEFINITIONS AND AUTHORITIES  This Agreement is made and entered into between the participating political subdivisions, which approve and execute this Agreement, hereinafter called Participating Parties" and the Georgia Emergency Management and Homeland Security Agency (GEMA/HS). For purposes oft this  Agreement, the following terms and expressions shall apply:  (1)"Agreement" means this agreement, generally referred to as the "Statewide Mutual Aid Agreement" (2)"Assistance" includes personnel, equipment, facilities, services, supplies and other resources furnished to a Requesting Party pursuant to this Agreement during an emergency or disaster. (3)"Assisting Party" means aj party that provides assistance pursuant to this Agreement during an (4) "Authorized Representative" means a Participating Party's elected or appointed official or employee who has been authorized in writing by that party to request, to offer, or otherwise to provide (5)' "Participating Party" means a county or municipality of the State of Georgia that has become party (6) "Participating Parties" means the combination of counties and municipalities that have become (7) "Requesting Party" means aj party that requests assistance pursuant to this Agreement during an Any term or expression not defined in this Agreement shall have the meaning specified in the Georgia Emergency Management Act, as amended (the Act) and rules promulgated thereunder, unless used in a  (SWMAA).  emergency or disaster.  mutual aid assistance.  to this Agreement by its approval and execution oft this agreement.  parties to this Agreement by their approval and execution oft this Agreement.  emergency or disaster.  context that clearly suggests a different meaning.  Pagel 1of8  Statewidel Mutual Aid and Assistance. Agreement-: 2024    ARTICLEII GENERAL PURPOSE  The purpose of this Agreement is to:  1. Provide the framework to support mutual assistance in managing an emergency or disaster occurring within any political subdivision that is a Participating Party, whether arising from natural disaster, technological hazard, human caused disaster, civil emergency, community disorders, insurgency, enemy attack, acts oft terrorism, other significant events or homeland 2. Identify those persons who are authorized to act on behalf oft the Participating Party signing this Agreement as their Authorized Representative(s) concerning the provision ofmutual aid resources and requests for mutual aid resources related to any mutual aid assistance sought from another Participating Party, or from or through the State ofGeorgia. Appendix A ofthis Agreement shall contain the name(s) of the Participating Party's Authorized Representative for purposes oft this Agreement. Appendix A can be amended by the authorizing Participating Party as needed with no effect on the entire Agreement. All such amendments to Appendix A shall be done in writing and the Participating Party shall notify GEMA/HS and all other Participating  security activity; and  Parties ofs such amendment within thirty (30) days.  ARTICLEII  ACKNOWIEDGEMENTOE PRINCIPLES  The prompt, full and effective utilization of resources oft the Participating Parties, including any resources on. hand or available from the State or Federal Government or any other source, that are essential to the safety, care and welfare ofthe people shall be the underlying principle on which all In the event of a conflict between any provision ofthis Agreement and any existing intrastate mutual aid agreement affecting a Participating Party, the provisions ofthis Agreement shall be controlling. On behalf oft the governing authority of each political subdivision ofthis State participating in the Agreement, the director of emergency management ofsuch political subdivision will be responsible for formulation of the appropriate mutual aid plans and procedures necessary to implement this  articles oft this Agreement shall be understood.  Agreement.  ARTICLEIV  PARTICIPATING PARTY RESPONSIBILITIES  (a) It shall be the responsibility ofe each Participating Party to formulate procedures and programs for intergovermmental cooperation in the performance oft the responsibilities listed in this Article. In formulating such plans, and in carrying them out, each Participating Party, insofar as practical, shall: (1) Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and  material; and  Page2of8  Statewide Mutual Aid and Assistance. Agreement- 2024    (2) Inventory and set procedures for the loan and delivery of human and material resources, (b) Whenever a Participating Party requires mutual aid assistance from another Participating Party (1) Contacting the Participating Party who is the Dwnetoperatorempoyet oft the supplies, equipment and/or personnel being sought for mutual aid assistance (the Assisting Party); or (2) Contacting GEMA/HS to serve as the facilitator of such request for those resources being sought for mutual aid that are ownelopenaiclempboyea by Participating Parties (where such Participating Parties have submitted a record ofthose resources to GEMA/HS for such use); and/or, when such resources being sought for mutual aid are ownedloperatelemplboyed directly by the State of Thej provisions of this Agreement shall only apply to requests for assistance made by an Authorized Representative. Requests may be verbal ori in writing. Ifv verbal, the request must be confirmed in writing within 30 days oft the verbal request. Requests shall provide the following information: (1) A description oft the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, damage assessment, volunteer and donated goods (2) The amount and type of personnel, equipment, materials and supplies needed, and a reasonable (3) The specific place and time for staging of the Assisting Party's response and a point of contact The. Assisting Party will (a) maintain daily personnel time records, material records and a log of equipment hours (or miles, ifa appropriate) and (b) report work progress to the Requesting Party at  together with procedures for reimbursement.  and/or the State of Georgia, the Requesting Party may request assistance by:  Georgia.  and search and rescue; and  estimate of the length of time each will be needed; and  at that location.  mutually agreed upon intervals.  ARTICLEV LIMITATIONS  Any Participating Party requested to render mutual aid shall take such action as is necessary toj provide and make available the resources covered by this Agreement in accordance with the terms hereof; provided that it is understood that the Participating Party who is asked to render aid may withhold resources to the extent necessary to meet the current or anticipated needs oft the Participating Party's own political subdivision to remain in compliance with such Participating Party's policy, rule or law. The Assisting Party'sr mutual aid resources will continue under the command and control of their own  Page 3of8  Statewide Mutual Aid and Assistance Agreement-2024    supervisors, but the organizational units will be under the operational control of the emergency services authorities oft the Requesting Party unless the Assisting Party approves an alternative. Int the event the Governor should declare a State ofl Emergency, any and all provisions ofthis Agreement which may conflict with the declared State ofEmergency shall be superseded by the terms  and conditions contained within the State ofEmergency.  ARTICLE VI LIABILITY AND IMMUNITY  (a) In accordance with O.C.G.A. $ 38-3-35(a), no political subdivision of the state, nor the agents or representatives ofthe state or any political subdivision thereof, shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer emergency management worker or member of any agency engaged in emergency management activity. The foregoing shall not affect the right of any person to receive benefits or compensation to which he might otherwise be entitled under Chapter 9 ofTitle 34, Code Section 38-3-30, any pension law, or any act ofCongress. (b) In accordance with O.C.G.A. $ 38-3-35(b), no political subdivision of the state nor, except in cases of willful misconduct, gross negligence, or bad faith, the employees, agents, or representatives oft the state or any political subdivision thereof, nor any volunteer or auxiliary emergency management worker or member of any agency engaged in any emergency management activity complying with or reasonably attempting to comply with Articles 1 through 3, Chapter 3, Title 38, Official Code of Georgia Annotated; or any order, rule, or regulation promulgated pursuant to Articles 1 through 3 of title, or pursuant to any ordinance relating toj precautionary measures enacted by any political provisions of Articles 1 through 3 ofs said chapter and title, or pursuant to any ordinance relating to precautionary measures enacted by any political subdivision oft the state shall be liable for the death of or the injury to person or for damage toj property as ai result of any such activity. (c)Itist the express intent ofthe parties that the immunities specified in accordance with O.C.G.A.S 38-3-35 shall apply in addition to any otherimmunity provided by statute or case law.  ARTICLE VII RIGHTS AND PRIVILEGES  In accordance with O.C.G.A. $ 38-3-30(a), whenever the employees of any Assisting Party or political subdivision are rendering outside aid pursuant to this agreement and the authority contained in Code Section 38-3-27, the employees shall have the same powers, duties, rights, privileges and immunities asi ifthey were performing their duties in the political subdivisions in which they are normally  employed.  ARTICLE VIII REIMBURSEMENT  In accordance with O.C.G.A. $38-3-30(b), The Requesting Party shall be liable for any loss ofor damage to equipment used or placed within the jurisdiction oft the Requesting Party and shall pay any expense incurred in the operation and maintenance thereof. No claim for the loss, damage or expense shall be allowed unless, within 60 days after the same is sustained or incurred, an itemized notice of  Page 4of8  Statewide Mutual Aida and Assistance Agreement- 2024    the claim under oath is served by mail or otherwise upon the designated fiscal officer oft the Requesting Party. Appendix B ofthis Agreement shall contain the name(s) ofthe Participating Party's designated fiscal officer for purposes of this Agreement. Appendix B can be amended by the authorizing Participating Party as needed with no effect on the entire Agreement. Appendix B can be amended by the authorizing Participating Party as needed with no effect on the entire Agreement. All such amendments to Appendix B shall be done in writing and the Participating Party shall notify GEMA/HS and all other Participating Parties ofsuch amendment within thirty (30) days. The Requesting Party shall also pay and reimburse the Assisting Party for the compensation paid to employees furnished by the Assisting Party during the time oft the rendition of the aid, as well as the actual travel and per diem expenses of such employees while they are rendering the aid. The reimbursement shall include any amounts paid or due for compensation due toj personal injury or death while the employees are engaged ini rendering the aid. The term "employee," as used herein, shall mean, and this provision shall apply with equal effect to, paid, volunteer and auxiliary employees and  emergency management workers.  Expenses to be reimbursed by the Requesting Party shall include the following:  (1)Labor costs, which shall include all usual wages, salaries, compensation for hours worked, mobilization and demobilization, the Assisting Party's portion of payroll taxes (as employer), insurance, accrued paid leave and other fringe benefits, but not those amounts paid or due asa benefit to the Assisting Parties personnel under the terms oft the Georgia Workers Compensation (2) Equipment costs, which shall include the fair rental value, the cost of fuel and other consumable supplies, service and repairs. Ifthe equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract fori insurance, the Requesting Party may deduct such payment from any item ori items invoiced; and  Act; and  (3) Material costs, which shall include the total reasonable cost for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the benefit of the Requesting (4) Meals, lodging and other related expenses, which shall include charges for meals, lodging and other expenses relating to the provision of assistance pursuant to this Agreement shall be the actual The Assisting Party shall maintain records and submit invoices within 60 days for reimbursement as specified hereinabove and the Requesting Party shall pay the invoice no later than 30 days following  Party; and  and reasonable costs incurred by the Assisting Party.  the invoice date.  ARTICLEIX IMPLEMENTATION  This Agreement shall become operative immediately upon its approval and execution by GEMA/HS and any two political subdivisions oft this State; thereafter, this Agreement shall become effective as to any other political subdivision oft this State upon its approval and execution by such political  subdivision.  Page 5of8  Statewide Mutual Aid and Assistance Agreement- 2024    Any Participating Party may withdraw from this Agreement by mailing notice of withdrawal, approved by the governing authority of such political subdivision, but no such withdrawal shall take effect until 30 days after the governing authority ofthe withdrawing political subdivision has given notice in writing of such withdrawal to the governing authorities ofall other Participating Parties: Such action shall not relieve the withdrawing political subdivision from obligations assumed hereunder prior to the Copies of this Agreement shall, at the time of their approval, be deposited with each oft the respective  effective date of withdrawal.  Participating Parties and with GEMA/HS.  ARTICLEX TERMO OF AGREEMENT  This Agreement, once executed, is valid until March 1, 2028. Agreement oft the Participating Parties to extend the term of this agreement at any time during the last year ofit its original term or the last year of any subsequent four-year term shall extend the term oft this agreement: for four years. Each four-year  extension shall constitute a separate agreement.  ARTICLEXI VALIDITY  Ifany provision ofthis Agreement is declared unconstitutional, or the applicability thereofto any person or circumstances is held invalid, the constitutionality oft the remainder ofthis Agreement and the applicability thereoft to other persons and circumstances shall not be affected thereby.  Agreed:  Chief Executive Officer Signature  Chief Executive Officer - Print Name  County/Municipality:  Date:  GEMA/HS Director Signature  GEMA/HS Director Print Name  Date:  Page 6 of8  Statewidel Mutual Aid and Assistance Agreement- 2024    APPENDIX. A  AUTHORIZED REPRESENTATIVE  The below named individual(s), in addition to the chiefexecutive officer, is/are the "Authorized  Representative(s)" for named ounty/municipality:  county/municipalty), and are authorized  tor request, offer, or otherwise provide and coordinate mutual aid assistance on behalf oft the above-  Print Name  JobTitle/Position  Signature of Above Individual  Print Name  Job Title/Position  Signature of Above Individual  Print Name  Job Title/Position  Signature of Above Individual  Date:  Chief Executive Officer Signature  Chief Executive Officer- - Print Name Statewide Mutual Aid and Assistance Agreement- 2024  Page 7of8    APPENDIXI B  DESIGNATED FISCAL OFFICER(S)  The below named individual(s) is/are the "designated fiscal officer(s)" for County/municipalty) for the purpose of reimbursement sought for mutual aid:  Print Name  Job Title/Position  Signature of Above Individual  Print Name  Job Title/Position  Signature of Above Individual  Print Name  Job Title/Position  Signature of Above Individual  Date:  Chief] fExecutive Officer Signature  Chief Executive Officer - Print Name Statewide Mutual Aid and Assistance Agreement- 2024  Page 8of8    NEW BUSINESS  ITEM #8  Audio/Visual Quotes for the Community Center Sound System    QUOTE  Quote: 3/22/24 Quote # 1132  Bradley Electronics 26EM Midland Ave Winder, GA: 30680 770-408-0272 wbadeyetdtroncs.com tetPlaeyettmaiscon Salesperson Matthew Bradley Qty  City of Hoschton  Job  Payment Terms Net 15  Due Date  Community Center Audio Video Description Behringer 18 Channel Digital Mixer* Wall mount, shelving, PDU** Mini PCf for Streaming and Video Capture*** Various patch cables and adapters Labor for mounting equipment and installation  Unit Price Line Total  $1,100 $215 $550 $50 $500  Subtotal Sales Tax Total  $2,415 $2,415  YMixer includes a tablet that is used to control volume for each microphone 'K*PC includes HDMI capture device, cables and software  **Alle equipment will be mounted in the back room (speakers will still need to be placed out front) Existing mics will be used. All existing cables willl be routed through a 4in duct installed in the wall for  easy access  pradleyelestroniss  Thank you for your business!    Sound Enterprises United States:  (678)377-1659 John Hall  Sound 2990 Chamonix Drive Eenterprises Cumming, Georgia 30041  soundentorpitsestiocking-gmalicom wmioicremtepieicon soundenterpisestiocing-gmailicont  Ovehauled Audio  E2083  A Acowe  CityofHouschton 61City Square Street Jackson County Hoschton, Georgia 30548 United States wcoctyolmoxcmoncom (678)767-2271 Presented By Sound Enterprises Presented On Mar 15, 2024  Version 1  03/18/2024  Ovehauled: Audion V1.  Page 1 of13    SCOPE OF WORK  Audio and Streaming System Upgrade for the City of Hoschton We understand the importance of clear, consistent audio ands streaming quality fory your operations. We've takenr note oft the currenti issues you're facing from poor andi inconsistent audio ands streaming quality tot feedback issuesint the roomi from desktop mics, and the limitations ofy your current analog console. We've craftedo as solution that not only Ourp proposed solutioninvolves replacing your current soundboard with an Allen & HeathCQ18T Touch ScreenN Mixer. This state-of-the-art mixeri isr renownedi fori its ease ofu use, makingi it ap perfect fit for your team. Its touchscreen interface simplifies the control ofy your audio environment, allowing for quick adjustments and real-time feedback. We propose adding as Sennheiser Wireless EW-DS System with an 865 Handheld! Mict tof further enhance your audio quality. This willp provide youy witho ar reliable, great-sounding wireless solutioni for fielding questions and engagingy with Toe ensure stable and pristine audiot for yours streams, we will rund aUSB out oft the news soundboard directly into the streaming computer. This direct connectionbypasses potential issues with: streaming audiot to al laptop, providinga Ford ane even more reliable and consistent connection fory your streams, we propose running a network cable fromt the This hardwired connection can provide a significant boosti inr reliability and consistency comparedi toawireless Withthis upgrade, the City ofHoschton will be well-equippedi to deliver high-quality audio and video streams,  addresses thesei issues but also enhances your overall audio-visual capabilities.  Proposed Solution:  youraudience.  cleaner, more reliable audio feed. Optional Upgrade: network room tot the AVr rack. connection.  enhancing the experience for all viewers and listeners.  03/18/2024  Ovehauled Audio V1  Page 3 of13    Av System AV System ITEM  QTY 1  UNIT PRICE $1,125.00  TOTAL $1,125.00  Allen-Heath CQ18T Ultra-Compact 18in / 8out Digital Mixer with Wi-Fi  Compact digital mixer with 16 Mic/Line inputs, 61 Monitor Outputs, 7" Touchscreen, Smart Rotaries, Custom SoftKeys, FX Assist, Built-in WiFi, USB/SD Recording and playback  Various Cables Audio and USB Cables  1  $50.00  $50.00  VC  Sennheiser EW-D SKM-S Set  1  $285.00  $285.00  EW-D SKM-S Seti includes EW-D EM receiver, EW-D SKM-S handheld transmitter  w.4  Elite Core Audio SFM-25  1  $18.99  $18.99  SuperFlex GOLD SFM-25-SD Standard Duty 25' Microphone Cable  Sennheiser MME 865-1BK Transmitter, Black  1  $249.00  $249.00  Supercardioid Condenser Microphone Capsule for Handheld Wireless  $1,72799 $1,727.99  03/18/2024  Ovehauled Audio V1  Page 5 of13    Service Plan  Opt-In for 4 Check-Ups  $0.00 per quarter Selected  RECOMMENDED ADDED TO QUOTE  Per Year  Please read below for more details about pricing. To OPT-IN, select this option.  Plan Features  1- Proactive Maintenance 2- - System Optimization3-F Priority! Support 4 Exclusive Discounted Preventative maintenance visitsi include ani inspection ofy your Audio, Lighting, Video, and Networking systems. This on-site visiti is $125.00 per hour + Truck Roll during business hours. This plan automatically renews afterlfiscal year (12 months) unless you OPT-OUT.  Support! 5-E Exclusive Discounted Upgrades 6-F Peace of Mind  Maintenance Check-Up at $125/hr+1 Truck Roll Fee  Maintenance Check ups willi include a thorough diagnostic to enhance and repair anys suboptimal systems underperforming. ify youh have ani issuet that they canl be resolve at the date ofi inspection, the  additional: service call will be completed at $125.00 per Hour.  Length 12months  Billing Frequency Quarterly  Terms and Conditions 1.Services tob ber Provided selected service plan. 2.1 Term ofs Service  1.1The Service Provider agrees toy provide audio, video, and lightingi installation and maintenance: services as outlinedi int the  2.11 Thei initialt term oft this Contract shall bel 12r month period, commencing ont the Effective Date. provides written notice oftermination atl least 30 days prior tot the end oft the current term.  2.2 After thei initial term, this Contract shall automatically renew for subsequent terms of12 months, unless either party  3. Service Agreement"  3.1The provider agrees tot test and service the audio, video, lighting, and networking systems, Should additional equipment  ber required, thep provider willi inform the customer beforep performing services.  4. Payment Agreement. 5.Schedule of Check-Ups as describedi int thes selected service plan  4.11 The Customer shall payt the Service Provider according tot the pricing and payment terms outlined int the Service  5.1Upons signing the! Service Agreement, thep parties willv work together tos schedule routine check-ups and maintenance visits  6. Termination  6.16 Either party may terminatet this Contract inc accordance with thet terms and conditions outlined int the Service Agreement.  03/18/2024  Ovehauled Audio V1  Page 7 of13    3. Service Agreement"  3.1Thep provider agrees tot test and service the audio, video,! lighting, and networking systems. Should additional equipment 4.1The Customer shall payt the Service Provider according tot thep pricing and payment terms outlinedi int the Service  ber required, the provider willi inform the customer before performing services.  4.Payment Agreement. 5. Schedule of Check-Ups as described int thes selected servicep plan.  5.1Upons signing the Service Agreement, the parties will work together tos schedule routine check- ups and maintenance visits  6.7 Termination 7Confidentiality Contract. 8.G Governing Law 9E Entire Agreement  6.1Either party may terminate this Contracti inc accordance with thet terms and conditions outlinedi int the Service Agreement. 71Both parties agree tok keep confidential any proprietary or sensitive information disclosed duringt the course oft this  8.1This Contract shall be governed by and construed in accordance with thel laws ofs service location.  91T This Contract, along with the Service Agreement, constitutes the entire agreement between thep parties and supersedes  allp prior agreements, understandings, and negotiations, whether oral or written.  Additional Notes  By signing, the Customer acknowledges that they have read, understood, and agree tot the terms  and conditions oft this Contract and the selected: service plan.  PAYMENT TERMS  Check:  The check should be made payable to Sound Enterprises and mailed to 2990 Chamonix Dr. A convenience fee of 3% will be added to the total amount charged for credit card and ACH  Cumming. GA 30041. Credit Card/ACH: payments.  03/18/2024  Ovehauled Audio V1  Page 9 of13    TERMS & CONDITIONS Thw Partics ThiControct( Agreoment)ien maciet betweer" Client. ond Supplier SoundE Enterprises (SELK Chanionix Roud, Cunminu GA3 300417 Thisc cohtiact request thet CHent Lor indit acceptoable ignand SE1  Costs and Payment Summary Pleasenolety typicowy worrantien Youwilberequredt topoyodopositt bafore weconst starto orderinga ands scheduling productso ondk lobor. Youwllo oisoDorequiredtos poythet bolance duov when oBcontracteds completed "Asmosto paybycredito cardor automaticallyc addedo3%p processinglceto invoicet totortoc covert institutionh handling loos lfyouwisht topay by personalord company chocks. pleaseletusk andwewill removet thisleetromy yourt total. Warranties and Guarantees Allequipmentp bys SEW willo bython Allworko ordere changes mado after thei ofthis documenta ares subjecttoo additionalc chargesw whichthec clientn agroot bofora done SER hoir work for1 lyoorf fromt ofcomplotion ottings hallb bec billablet churchots hot stottr mombe eadi he manuols for procedures purchasad throughs SEI fails. SEC conholp focilitatog gotting theuniti  includoir instollation troining. (ra opplicoble). and  2990 aetivity,  Church Furnished Equipment (CFE) SEd doosn notw worantora qvoranteoi itemep providedbytnectente andt tokesnon responsibiityfor theoperotion peiformance. oppeurance. oitletsdicrolafo: during. orc ofter Its intogrationi intot thep project SEW wilin notify thocientin advanceo ofestimatede chargesto andor lixCFE Obstruction ofV Work client hos agreedt top projectt timelines. thayo aran Iscompletelyo accessiblet fors SEW warkersa ando allrequirede clactricalw workis complete A neodste reodily avoiloblod during the work ferd questionso ost thay ariso. "SEis fromt planneds scheduleso osaresulte ofclient- relotedr responsiblities, the willt bep possedo ond ondbilloblet client. Thisincludos rentolo eqvipment. The clientw willber forp providing netwokD. routing andp informationc otthet beginningo ofthep project. Training A30-minute systom overviewati ovoiloblef for ona additionolc Allsystem operotorss shoulde thiso Allo manualew willb he core on Thec Church. Typicallyn mostn manulocturersr thoirr avalloblex vot  forr moking suret thew working such osv wind ando other trainingis  completionis  03/18/2024  Ovehauled Audio V1  Page 11 of13    -  Signature  Signature  Date  03/18/2024  Ovehauled Audio V1  Pager 13 of13    Audio Video Excellence 6020 Parkway North Dr Suite 100 Cumming, GA 30040 United States  +1(855) 856-9289 obert@myduxcom www.myavx.com Ryan Mosier yan@myavx.com  -  City Hall Video Upgrades  548250 0  MAa Sw  Jennifer Harrison 61City Square Street Jackson County Hoschton, Georgia 30548 United States wd@aclyomokemoncom (678) 767-2271 Presented By Audio Video Excellence Presented On Mar 6, 2024  Quote Number Q-395 Version 2  03/14/2024  City Hall Video Upgrades V2  Page 1of3    Project Description  Installation of! New wireless Microphone andi new Datal line  Locations Meeting Hall  $1,004.24  ITEM  GTY 1  LABOR 1h  UNITPRICE $55.00  AVX  Single Cat6 Plenum Datal Location Single Cat6 Plenum Data Wiring  Sense SE-350-WR-ICHD UHF Wireless Microphone Receiver  1  1h  $549.29  WW  Sense SE-350-WT-HAND Sense UHF Wireless Condenser Microphone  1  Oh  $399.95  Labor Installation Total  2h  $390.00  2h $390.00  03/14/2024  City Hall Video Upgrades V2  Page 2 of3    Summary Product+L Labor  $1,394.24  Subtotal  $1,394.24  Tax  $70.30  Total Price  $1,464.54  Payment Terms  Billing Date  Due Date  Amount $951.95 $512.59  Deposit (65%)  Upon Completion (35%)  Signature  Signature  Date  03/14/2024  City Hall Video Upgrades V2  Page 3 of3    NEW BUSINESS  ITEM #9  Update to Personnel Policy: Cell Phone Stipend    CITY OF HOSCHTON STATE OF GEORGIA  RESOLUTION 2024-013  AMENDING THE PERSONNEL POLICY REGARDING PAYMENT OF A CELL PHONE STIPEND 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 12.4, "Cell  service from the persons who work for the City; and Phones" 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 30th day of April, 2024.  Debbie Martin, Mayor  This is to certify that l'am City Clerk oft 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    Exhibit A  make a decision about the propriety of the activity. The City Council will givef final approval in any questionable  situations.  12.2 POLITICAL ACTIVITIES  City employees may participate inj political or partisan activities of their choosing provided that City resources and property are not utilized, and the activity does not adversely affect the responsibilities of the employees ini their positions. Employees may not campaign on City time ori in a City uniform or while representing the Cityi in any way.  Employees may not allow others to use City facilities or funds for political activities.  Any City employee who meets with or may be observed byt the public or otherwise represents the City to the public, while performing his/her regular duties, may not wear or display any button, badge or sticker relevant to any candidate or ballot issue during working hours. Employees shall nots solicit, on City property or City time, fora  contribution for a partisan political cause.  Except as notedi int this policy, City employees are otherwise free to fully exercise their Constitutional First  Amendment rights.  12.3 NO SMOKING/TOBACCO POLICY  For health and safety considerations, the City prohibits smoking or tobacco use by employees in all City facilities, including City buildings, vehicles, offices or other facilities rented or leased by the City, including individual  employee offices.  12.4 CELL PHONES  General Use of Cell Phones or Similar Devices:  The City of Hoschton gives each Full Time employee a $30.00 Cell Phone stipend once a month on thet first pay check ofe each month. Ifa an employee has a City given work phone this stipend would not apply to them. CELLI PHONE includes a cellular telephone, push toi talk, blackberry, laptop, netbook or similar device.  CELL PHONE USE includes receiving or placing calls, text messaging, surfing thei internet, receiving or responding to  e-mail, checking for phone messages, or any other purposes.  p8.47  Proposed 4/11/2024    NEW BUSINESS  ITEM #10  Update to Personnel Policy: Use of City-Owned Vehicles    CITY OF HOSCHTON STATE OF GEORGIA  RESOLUTION 2024-012  AMENDING THE PERSONNEL POLICY REGARDING TAKE-HOME VEHICLES  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 add Section 12.13.7, "Take  service from the persons who work for the City; and Home Vehicles" as attached hereto in "Exhibit A".  NOWTHEREFORE 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 30th day of April, 2024.  Debbie Martin, Mayor  This is to certify thatlam 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 ini the official minutes.  ATTEST:  City Clerk    Exhibit A  12.13.7 TAKE HOME VEHICLES  1. 2. 3.  The City Manager has the authorityt to determine which employees will bei issued at take- home vehicle Take-home vehicles are not to be used for personal use and aret to bec drivenonlyf for city-related business.  except for the Public Safety Department which are all assigned vehicles to take home.  Any employee issued at take home vehicle must live within 30 miles of the city! limits.  12.14 ACCIDENT INVOLVEMENT  12.14.1REPORT REQUIRED  All thei following, collectively referred tot throughout this Section as an "Accident,": shall be reported to the immediate supervisor by the employee involved ini the event and any City employees who witness the event:  1. 2. course of business; 3. 4.  All injuries to an employee or other person occurring during the course of business;  All accidents involving City- owned ori issued vehicles or equipment, whether or not occurring during the  All accidents involving personal vehicles or equipment used during the course of business; and  All property damage occurring during the course of business.  12.14.2EMPLOYEE RESPONSIBILITIES involving a vehicle or equipment will:  Unless transported from the accident scene for medical treatment, the employee involved in aj job-related accident  1. 2. accident; 3. pg.64  Render aid to other parties if possible and necessary;  Report the Accident and anyi injuries immediately tol local law enforcement in the event ofa a vehicular  Immediately notify their supervisor or designee, as soon as possible ift thes supervisor is not available;  Proposed 4/11/2024    NEW BUSINESS  ITEM #11  Police Department: Mobile Computer Cost  (to place a computer & related equipment  in each vehicle)    CHT a DEPAR   HOSCHTON  City of Hoschton Police Department  Chief Brad Hill  Mobile Computer Quote  1. Brother Pocket Jet Printer and Mount $575.00 each/ $2300.00 total (i3)  2. GPS  $75.00€ each/$300.00 total (i3)  3. Citation Paper $295.00/ 1 case (i3)  4. Wireless Hotspot (Verizon or Firstnet)  Price?  5. RAM Computer Mount  "$300.00 each/$1200.00 total (Amazon)  6.3 Mobile Contract  $2400.00 Installation and Training; $450.00 monthly service  Hoschton Police Department, 79 City Square, Hoschton, Georgia 30548  Phone (706) 684-6000 I Fax (706) 654-9834 www.diyofnoxchton.com    Oer  J HOSCHTON  City of Hoschton Police Department  Chief Brad Hill  Breakdown of Cost  Cost Now 1. $2300.00 printers 2. $300.00GPS 3. $295.00 citation paper 4. $1200.00 vehicle mounts 5. $2400.00 installation and training $6495.00 Total Upfront Cost  Cost Monthly  $450.00 i3 service + hotspot service  Hoschton Police Department, 79 City Square, Hoschton, Georgia 30548  Phone (706) )684-6000 I Fax (706)654-9834 www.dlyofhoschton.com    NEW BUSINESS  ITEM #12  Police Department:  Mobile Computer Software Agreement  with i3 Verticals    PUBLIC SECTOR  MASTER. AGREEMENT  Effective as of March 15, 2024(the "Effective Date").  By and Between i3Verticals, LLC ("i3") 40 Burton Hills Blvd., Ste. 415 Nashville, TN 75482 Attention: Telephone No.: E-mail Address:  And ("Client") 79 City Square Hoschton, GA 30548 Attention: Brad Hill Telephone No.: (706) 684-6000 E-mail Address: ni@clyonoscnon.com  City of Hoschton, Georgia Police Department  Client and i3 may each be referred to individually as a "Party" and together as the "Parties."  The purpose of this Master Agreement ("Agreement") is to provide a framework within which i3 and its family of companies may provide software, Software as a Service and other services and equipment to Client (each a "Solution"). This Agreement is comprised of this Signature Page, the General Terms and Conditions, any Solution- specific additional terms and conditions in each Annex noted below and the applicable quote or proposal (each an "Ordering Document"), each of which is incorporated by reference and expressly made a part of the Agreement.  GHS Collections Annex TrueSign Annex ILEMS Annex ODR Annex XI InterOP Annex  WebJury Annex GFA, Payroll, Payroll Online Annex Clerk Connect Annex i-Ticket Annex uVisionPLUS PRO Annex Law Enforcement Annex CJT Case Management Annex  EZCourt Pay Payment Platform Credit/Debit Payment Processing  This Agreement may be executed in counterparts, and each counterpart will be deemed an original. Facsimiles, any documents executed, scanned and transmitted electronically either with or without electronic signatures will be  deemed original signatures for purposes of this Agreement.  The parties have executed this Master Agreement as of the Effective Date.  i3: By: Name: Title: Date:  Client: By:. Name: Title: Date:  Signature  Signature    PUBLIC SECTOR  GENERAL TERMS AND CONDITIONS  1.  Saas Solution Subscription; Solution Software License.  (a) Software as a Service. i3 will provide Client with a subscription for cloud-based access, exercisable through Client and its Users, to the i3 Solution identified in the applicable Annex and Ordering Document, including hosting, maintenance and support thereof. i3 hereby grants to Client and its Users, a non- exclusive, non-transferable, revocable, limited license, without the right to sublicense, to access, use, and display the Saas Solution. i3reserves the right to require Client to update Client's software to remain compatible the Saas Solution. Client is responsible for each ofi its Users' acts and omissions. (b) Solution Software License. For Clients with software code to the Solution or any part thereof identified in the Ordering Document ("Solution Software") installed on their machines or equipment, i3 hereby grants a non-exclusive, non-transferable, revocable, limited license, without the right to sublicense, to maintain and use one (1) copy of the Solution Software in no more than the number of single-user computers, workstations, servers or terminals of a local area network as set forth in the Ordering Document. Client may make one copy of the Solution Software, and related User Documentation, solely (c) Scope. Permitted access, number and type of Users granted to Client hereunder is limited as set forth int the Ordering Document. Client is required to purchase one user access for each server. (d) Add-Ons. Client may add Users ("Add-Ons") for an additional fee. Such Fees will be calculated based upon the pricing set forth in the applicable Solution Annex for the remaining months in the Subscription Term beginning on the first day of the calendar month in which such User or Add-On is included. (e) Updates. i3 may update features or functionality that Client accesses ("Enhancements") provided that such Enhancements will be at no cost to Client and will not materially degrade existing features and functionality. From time-to-time i3 may also release new features, functionality, software, or user types that are only available under a different pricing. model or on a version of Solution Software other than the version Client currently accesses ("New Features"). In the event Client desires to purchase New Features, i3 will update Client's account, pricing model, or Solution Software version to facilitate the  for back up or archival purposes.  provision of such New Features. (f) Restrictions on Use.  Client agrees to only use the Solution for its internal business use and agrees not grant any third partyaccess. Client agrees that only Users will be permitted access to the Solution. ii. Client will not edit, alter, abridge or otherwise modify, in any manner, the content of any Solution, including, without limitation, all copyright and proprietary rights notices. Client may not, and may not permit others to, reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from, the Solution. Nor may Client modify, translate, adapt, alter, or create derivative works from the Solution; copy (other than the one permitted back-up copy), distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Solution; distribute, sublicense, rent, lease, loan, or grant any third party access to or use of the Solution; attempt to access other areas outside permitted access to the Solution or its network or platform; or systematically access or extract or "Scrape" information from the Solution (except features designed for exporting data) including by the use of engine, software, agent, spider, bot or other devise or mechanism. The Solutions are made available  for use solely in the United States of America.    i3 will be entitled to rely upon, with no obligation to verify, the completeness and accuracy of all information, data, reports, plans and specifications provided by Client, including without limitation, reports, plans, specifications, data, field notes, test data, calculations, estimates, schedules, spreadsheets, or other documents furnished by Client. Client acknowledges that its right to utilize these documents will continue only SO long as Client is not in default of the terms and conditions of  this Agreement, including Client's performance obligations.  2. Additional Services.  (a) Maintenance and Support. i3 will perform standard system maintenance for Solutions including bug fixes and minor enhancements and provide any additional support as set forth in the applicable Annex (b) Configuration and Training. i3 will provide configuration and installation services and training to Client (c) Custom Programming: Professional Services. Client may request that i3 perform professional services including software development, customization, and/or integration services (hereinafter, Professional Services") not included in the Solution that will be further described in the Ordering (d) Equipment. i3 may provide Equipment to Client as set forth in the Ordering Document. Client acknowledges that i3 may substitute equipment of at least equivalent functionality and performance if any of the specified equipment in the proposal is unavailable at the time of shipment. All shipping is FOB (e) Credit Card Processing. Client acknowledges that Credit Card Processing Services will be governed by the terms of a separate Merchant Application and Payment Processing Agreement. (f) Training. Training may consist of both a classroom setting ati i31 facilities and onsite at Client's facilities. The number of training Hours quoted in an Ordering Document is an estimate. Circumstances that may lead toi training hours in excess oft the estimate include: i) Client interruption, ii) Client personnel not being prepared, or ii) unavailability of Client personnel to attend the entire training schedule. Additional hours may be purchased at the time of training at i3's then current hourly rate. When training is at Client's site, Client will provide a centralized, suitable training area. Written cancellation must be received by i3 within ten (10) business days in advance of scheduled training to avoid a cancellation fee equal to 50% of the training cost for the scheduled time plus any travel expenses or cancellation charges incurred. 3. Fees. Client will pay i3 the Fees as set forth in the Ordering Document. IfClient fails to pay the Fees by the due date specified on thei invoice, i3 will be entitled toi interest from the day on which the Fees are due at the  and Ordering Document.  as set forth in the applicable Annex and Ordering Document.  Document or in a Scope of Work for Professional Services.  i3s shipping point.  rate of interest of 1.5%/month.  4. Term and Termination. Unless the applicable Annex provides otherwise:  (a) Either Party may terminate this Agreement without cause after the Initial Term of the most recent Annex by giving the other Party ninety (90) days written notice of its intention to terminate. (b) Either Party may terminate this Agreement based on a material breach oft the Agreement; however, the Party alleged to be in material breach must be notified in writing oft the alleged material breach  and given thirty (30) days to cure the alleged material breach.  5. Security; Client Data; Intellectual Property.  (a) Security.  (1) As a part of each Saas Solution, i3 will maintain industry standard administrative, physical, and technical safeguards for the security and integrity of any data or information input, edited, authored, generated, managed, or otherwise submitted by Client or its Users into Client's subscription account ("Client Data"), which may include maintaining a backup server ata a separate location, the use of firewalls, or other standards. In the event i3 learns that there has been unauthorized access to Client's subscription account on i3's systems or premises, i3 will give    notice to Client, unless prohibited by law. Upon such occurrence, i3 will promptly take such steps itr reasonably deems appropriate to contain and control unauthorized access and prevent unauthorized access to or misuse of the Client Data, and unless prohibited by law, will continue (ii) Client acknowledges that Client is responsible for the supervision, management and control ofi its use of the Solutions, including but not limited to maintaining proper machine configuration and operating methods and procedures, establishing adequate backup procedures, anti-virus protection, administrative, physical and technical safeguards and other procedures. (ii) Client will acquire, install, operate and maintain, at its expense, all communication lines, equipment, software, services and related technology necessary to use and maintain the (iv) Client acknowledges that it has sole control over access to and responsibility for the security and integrity of its network and data including the operating procedures, controls, back-up procedures (either on or off site), anti-virus protection, administrative, physical and technical safeguards and (v) Client will notify i3 promptly if it becomes aware of any breach of security of its network or the Solutions, or the disabling, avoidance or circumvention of any access control or security device, (vi) Client will not cause, facilitate or permit any attempt to breach the security of any of the networks, software and systems within Client's network, or the disabling, avoidance or circumvention of any access control or security device, process or procedure established or required by i3 or any of its affiliates. Client will notify i3 immediately if it becomes aware of: i) any breach of confidentiality or security of and/or the data within its network, or ii) any attempted breach of the security of any Solution or Solution Software, or the disabling, avoidance or circumvention of any access control or security device, process or procedure established or required by i3 or any ofi its affiliates.  to provide regular updates relating to the occurrence.  applicable Solution as determined by i3.  other procedures necessary to protect its network and prevent loss of data.  process or procedure.  (b) Client Data.  (i) Client will have full access to data it submits, uploads, transfers or otherwise maintains via the (ii) i3 will provide the Solution in accordance with applicable laws and government regulations, including without limitation those related to data privacy and the exportation of technical or personal data. Client is responsible for the accuracy, truthfulness, consistency, completeness, and any output from the Solution. Client consents toi i3's use of all Client Data, and acknowledges that i3 will neither have the responsibility to review, nor any liability as to the accuracy of, any (ii) Client will not attempt to access other areas outside the applicable Solution, or any part of the (iv) Client will maintain backup media in a secure location either on site or off site and perform backup procedures as necessary to prevent loss of data in the event of system malfunction.  Solution.  information or content provided to it. network or servers provided to Client by i3.  (c) Intellectual Property.  (i) Client agrees that the Solutions are i3's property and proprietary information. Client agrees that itwill not provide or make available to third parties the Solution or any part thereof, including use of the Solution, any physical embodiment of Solution, or any materials supplied by i3in connection with Solution. Client will take all steps necessary to protect the confidentiality of the (i) Each Solution, and all i3 deliverables pursuant to this Agreement willl be the property ofi i3; provided, however, that a copy of the final documents will be made available to Client upon request. These documents are not intended, nor represented to be, suitable for reuse by Client ora any others, and are solely intended for Client's internal use. Any modification or reuse  Solution and the proprietary rights of i3.    without specific written verification and adoption by i3 for the specific purposes intended will be  at User's sole risk.  6. Limited Warranty.  (a) i3 warrants that: (a) the Solution will be free from material defects in design and functionality provided such Solution (1) has been properly installed and used, and (2) has not been modified by persons other than i3; (b) it will use commercially reasonable efforts to correct material defects that are reported by Client or its Users and (c) Services will be provided in a timely, professional, and workmanlike manner with a level of care, skill, practice, and judgment consistent with commercially reasonable industry (b) THE FORGOING WARRANTY ISINL LIEU OF ALL OTHERWARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. i3 EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED (c) CLIENT ACKNOWLEDGES THAT EACH SAAS SOLUTION IS PROVIDED VIA THIRD PARTY CLOUD HOSTING PROVIDERANDAGREES THAT A)FROMIIMETOTIME, THE SAASSOLUTION MAY BE INACCESSIBLE OR NOPERABLE FOR ANY REASON, INCLUDING: (1) EQUIPMENT MALFUNCTIONS; (2) PERIODIC MAINTENANCE PROCEDURES; OR (3) CAUSES BEYOND THE CONTROL OF i3 OR WHICH ARE NOT REASONABLY FORESEEABLE BY i3 INCLUDING THE INTERRUPTION OF TRANSMISSION LINKS; AND (B) i31 DOES NOT MANUFACTURE EQUIPMENT, HARDWARE, OR THIRD-PARTY SOFTWARE, MAKES NO WARRANTY AS TO EQUIPMENT, HARDWARE ORTHIRD-PARTY SOFTWARE PROVIDED TO1 THE CLIENT, ALL OF WHICH IS SOLD OR LICENSED "AS-IS." CLIENT AGREES TO LOOK SOLELY TO THE WARRANTIES AND REMEDIES, IF ANY, PROVIDED BY THE MANUFACTURERIS) OF SUCH EQUIPMENT OR THIRD (d) Client will be fully and exclusively responsible for the accuracy of information obtained from use the System and the use of such information. Client agrees that i3 will not be liable for Client-caused data 7. Indemnity. i3 will indemnify and hold harmless Client, its officials, directors and employees from and against third-party claims and damages, including reasonable attorney fees, arising out of the performance of the services described herein, only to the extent caused the grossly negligent acts or omissions or willful misconduct of i3, except to the extent caused by the negligence or willful misconduct of Client. The parties will cooperate with each other with respect to resolving any claim, liability or loss for which indemnification may be required hereunder, including by making, or causing the indemnified party to make, all commercially reasonable efforts to mitigate any such claim, liability, or loss. Neither Party will have an obligation to indemnify the other Party for any losses to the extent they are caused by the actions or failure to act of the indemnified Party, including without limitation, the failure to take actions to mitigate such losses. 8. Insurance. i3 will maintain in force adequate workers' compensation, commercial general liability, errors 9. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, i3 AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES WILL HAVE NO LIABILITY TO CLIENT, ITS USERS, OR ANY THIRD PARTY, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITYOF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES. IN NO EVENT WILL i3's LIABILITY ARISING OUT OF ANY CLAIM RELATED TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF EXCEED THE AGGREGATE AMOUNT PAID BY CLIENT FOR THE. APPLICABLE PRODUCT ORS SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.  standards and practices for similar services.  WARRANTY OF FITNESS FORAPARTICULAR PURPOSE.  PARTY SOFTWARE.  errors.  and omissions, cyber insurance and other forms of insurance.    10. Confidentiality. Each Party acknowledges that it may learn or obtain Confidential Information (as defined below) about the other during the course of this Agreement. Each Party will: (i) maintain it in confidence, except to the extent necessary to carry out the purposes of this Agreement, in which event written confidentiality restrictions will be imposed upon the third parties to whom such disclosures are made; (i) use at least the same degree of care in maintaining its secrecy as you uses in maintaining the secrecy ofi its own Confidential Information, but in no event less than a reasonable degree of care; and (ii) return all documents, copies, computer memory media, and all other materials containing any portion of the Confidential Information upon its request. Confidential Information" means (a) all information about the business of the other Party or its affiliates, whether or not marked as proprietary, secret or confidential, and (b) alli information or data relating to the Party's operations, employees, products, pricing, merchant agreements, services, clients, customers, or potential customers, that is not generally known. Confidential Information will not include information that: (i) is or becomes a part of the public domain through no act or omission by the Receiving Party; (i) is independently developed by the Receiving Party without use of or reference to the Confidential Information of the Disclosing Party; (ii) is disclosed to the Receiving Party by a third party that was not bound by a confidentiality obligation to the Disclosing Party; or (iv) is demanded by a lawful order 11. Non-Solicitation by Client. During the Term of this Agreement and for a period of twelve (12) months following the termination or expiration of this Agreement, Client will not: (1)provide, directly ori indirectly, any information relating to any of i3's customers which are known to Client to be customers of i3 to any person ore entity that provides credit card merchant processing or related services; (2) solicit or otherwise encourage any customer of i3, either directly or indirectly, for its own purposes or those of another, without the prior written consent of i3, (3) to use the credit card merchant processing or related services of any person or entity other than i3; or (4) solicit or otherwise encourage any employee, agent, vendor or independent contractor of i3 to curtail, suspend or otherwise terminate such person's or entity's business relationship with i3, and will not offer to employ or employ any ofi i3's employees or any person who was an employee ofi i3in 12. Audit. For the purpose of verifying compliance with this Agreement, i3 will have the right, during normal business hours and upon reasonable advance notice and without material disruption to Client's business, to audit and inspect the use made of the Solution and the manner in which each are accessed by Client. If Client's records pursuant to this Section or otherwise indicate that (i) more Users are accessing the Solution than Client has paid for, or (i) more Solutions are being accessed by Users than Client has been billed for, Client will pay i31 the shortfall in Fees retrospectively to the date of the applicable increase.  from any court or anybody empowered to issue such an order.  the twelve (12) months prior to such offer or hiring by Client.  13. Miscellaneous.  (a) Notice. All notices to a Party hereunder will be in writing, and delivered by certified mail, return receipt requested, overnight courier service, or by facsimile with confirmation by the above-described mailing methods to the address(es) set forth in this Master Agreement. Notice will be deemed delivered and (b) Force Majeure. Any failure or delay by i3 in the performance of its obligations pursuant to this Agreement will not be deemed a default or breach of the Agreement or a ground for termination to the extent such failure or delay is due to computer or Internet or telecommunications breakdowns, denial of service attacks, fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil unrest, rebellions or revolutions in the United States or any nation where the obligations under this Agreement are tol be executed, strikes, supplier and third party failure, lockouts, or labor difficulties, (c) Independent Contractors. i3 and Client hereby acknowledge and agree that this Agreement does not create and does not intend to create a partnership, association, joint venture, or other legal entity or (d) Assignment. This Agreement will be binding upon the successors and assigns oft the parties, provided, however, that Client may not assign this agreement to a third party without the prior written consent of (e) Survival. The obligations, agreements and covenants contained in Sections 5,7,9, 10 and 11 hereof  received on the date it is actually received.  ora any similar cause beyond the reasonable control of i3.  form an employment relationship.  i3.  will survive the termination or expiration of this Agreement.    S e a o @ S 5 C et U @ O $2 E o 6 o >  a o  D  do  le    6 e  a 1S E in  f  X 6  - 9    E  @ o - T @ 5 o @ bo a @ 8 2 de a 2 @ E 8 S 9 E 3 10 : E e E 9 I  C  - o s E de  E a X N E 9 N U - S E E  e    SCHEDULE A - LICENSE AGREEMENT  The "Approved Location(s)" & quantity per location are any locations approved by the GCIC and all terminal quantities that include a unique ORI connected to a GCIC Metro header. Any modification or addition to the Approved Location(s) stated above may be made at any time by Client. The intent of this paragraph is to protect the  Clients rights under Section! 5 (herein) and to protect the SSI from any loss of revenue.  SCHEDULE B -MAINTENANCE TERMS AND CONDITIONS:  Client is required to identify and designate a GCIC authorized individual on their staff as a "Key Operator" This individual agrees to be generally available by phone or other means to support the SSI ini the event of Client problems using CrimiNet-GA software. Client agrees to have a phone available for use by the Key Operator to troubleshoot the CrimiNet-GA software with the help of the SSI. CrimiNet-GA software failures caused by Client error or neglect and repaired by SSI are not covered under this agreement and may be billed to the Client by SSI at the then current rate. Itisi imperative that Client sign this agreement or SSI claims the right to refuse service or support of CrimiNet-GA software or to supply upgrades, such as Images, and other revisions for CrimiNet-GA software as they become  available. AGENCY NAME:  DESIGNATED OPERATORS NAME:  DESIGNATED OPERATORS SIGNATURE:  DATE  Section 1- GRANT OF NONEXCLUSIVE RIGHTS -  Subject to compliance by Client with the terms hereof, SSI hereby grants to Client a personal, nonexclusive, nontransferable license to install, use, and execute the Application Programs on Equipment owned or leased or otherwise provided for use by Client in the Approved Quantities & at the Approved Locations (as specified in Schedule Al herein) in support of the internal business activities of Client. Subject only to the right and license expressly granted hereunder, all right, title, and interest in and to the Application Programs, including all associated intellectual property rights, are and shall remain with SSI. SSI's grant to Client does not include any right to grant or otherwise transfer sublicenses or to transfer any other interest whatsoever in the Application Programs. No exclusive  right of any kind is granted to Client by the terms of this Agreement. Section 2- PROPRIETARY RIGHTS; CONFIDENTIALITY-  Client acknowledges that the Application Programs, including associated report formats, screen displays, and menu features, constitute copyrighted works protected by federal and international copyright laws. Client shall not permit any personnel to remove any proprietary or other legends or restrictive notices contained or included in any materials provided by SSI, and Client shall not permit any personnel to copy or modify any such materials without specific authority from SSI. CrimiNet software is the proprietary property ofi i3-SSI, LLC and i3-SSI, LLC is the sole  source provider of CrimiNet software. Section 3 - FEES AND PAYMENT -  Inc consideration of the rights and licenses granted hereunder, Client shall pay SSI laone-time set up fee per CrimiNet license in the amount stated on the then current SSI price list at the time of purchase. Payment terms are net 30 days  after receipt of invoice from SSI. Late payment fees apply.        H mm  mtne Omale STIDL  VERTICALS  To: Hoschton Police Department Attention: hl@clyohmoscmon.com 79 City Square Hoschton , GA 30548  Validt till: 04/14/2024 Quote #: DOC-41 Prepared by: Shannon Garza Contact: sgarza@getss.com  Products/Services  odalla Brolotl Aoposin sothnls Mantn mut sukeirs  Category Software  Name InterOpe Mobile Subscription (block of5) InterOp Mobile Data Platform includes AVL, NCIC (where available), Mobile CAD (where available), Field Reporting and E- citation. Billed Monthly. Includes support and maintenance agreement. Installation Basicl Installation Package includes remote configuration and (2)t two days of onsite desktop installation and configuration updates during live. Training Basic Training Package includes remote installation and (2) two days of onsite training  Quantity 1  Unit Price $450  Billing Cycle  Total Price $450  36  Service  1  $1,200  $1,200  Service  1  $1,200  $1,200    VERTICALS  Category Software  Name CrimiNet CrimiNet Standalone GCIC Terminal. Integrates seamlessly with InterOp RMSt to populate entry screens with justt the touch ofab button. Soldp perv workstation. Billed annually upon installation. Subscription includes support, maintenance and system updates.  Quantity 1  Unit Price $40  Billing Cycle  Total Price $40  36  Subtotal Total  $2,890 $2,890  Total Up Front/One Time Fees  Total Monthly Subscription  $2 2,400  $ 490  Project Details  Mobile Add on with GCIC. No hardware. Agency to source  mounts, laptops, gps devices and printers.  Terms and Conditions a conflict, these terms and conditions shall prevail.  Please read thet terms and conditions carefully. This forms the contract between the customer and our company andi int the eventof  1. Estimate. This estimate is an approximation andi is notg guaranteed. The estimate ist based on information provided from the clientr regarding project requirements. Actual cost may change once all project elements are finalized or negotiated. Priort to any changes of cost, the client will be notified. Estimate valid untilt the Good Thru date listed above. 2. Services. Upon acceptance by) you, i3' Verticals will perform thep printing or other services described int the estimate. Any additional services requested by you and not covered byt the estimate willi incur additional charges.  Hardware quote validf for 30 days ONLY.    VERTICALS  3. Schedule. The services willl be completed and delivery will be madei ina accordance with the schedule int the estimate, or 4. Changes. Changes int the specifications, quantities, schedule or other aspects oft the services that are requested or approved by you do not become binding upon! live unless accepted byi i3 Verticals in writing. Any such changes mayr result 5. Payment. Please DONOT payt this quote. Once accepted,) youv will receive an invoice for any hardware and start up costs detailed above. Final payment ofa any remaining balance, unless otherwise outlinedi int terms above, shall be due upon installation. Anys subscription payments will begin uponi installation unless, unless otherwise outlined in terms above 6. Citation Payments. Client shall be responsible for notifying the courtp provider of any amount due toi i3 perc citation. If applicable, fees should be remitted monthly. Should i3 not be ablet to collectf fees due, for any reason, account shall be 7. Minimum Term. CLIENT agrees to ar minimum three (3)) year or thirty six (36) month Service period ("Initial Term"), which will automatically renew annually thereafter unless terminated sooneri ina accordance with this Agreement (each a' "Renewal  as otherwise approved by thep parties in writing.  ina additional ori increased charges, and you agree top pays suchi increased charges. Invoices are generated monthly by default, but can be billed annually ifp preferred. converted to a monthly subscription ata ar rate not lesst than $2,700 per month.  Term").  Date:  Accepted by Signature: