City Council

www.peachtreecornersga.org COUNCIL MEETING AGENDA Mike Mason, Mayor Phil Sadd – Post 1, Council Member Jeanne Aulbach – Post 4, Council Member James Lowe – Post 2, Council Member Lorri Christopher – Post 5, Council Member Alex Wright – Post 3, Council Member Weare Gratwick – Post 6, Council Member March 18, 2014 COUNCIL AGENDA 7:00 PM PEACHTREE CORNERS CITY HALL 147 TECHNOLOGY PARKWAY, PEACHTREE CORNERS, GA 30092 A) CALL TO ORDER B) ROLL CALL C) PLEDGE OF ALLEGIANCE D) MAYOR'S OPENING REMARKS E) CONSIDERATION OF MINUTES – February 18, 2014 F) CONSIDERATION OF MEETING AGENDA G) PUBLIC COMMENTS H) CONSENT AGENDA - No Items I) PRESENTATIONS AND REPORTS 1. Diana Wheeler Staff Activity Report J) NEW BUSINESS 1. O2014-03-24 First Read and Consideration of a request for a Special Use Permit to add church and community uses to an existing 3.79 acre school facility zoned R-10 and located at 5505 Winters Chapel Road in Land Lots 311 and 312, 6th District, Gwinnet County, Georgia. (Second Read and public comments will be heard on April 15, 2014.) 2. Action Item Consideration of PH2014-002, Application of Reliance Development for final plat acceptance of Peachtree Reserve, located in Land Lot 300 of the 6th Land District of Gwinnett County Georgia. 3. Action Item Consideration of approving the GMA Agreement with the City of Peachtree Corners for GMA to collect taxes from Insurance Companies. 4. Action Item Consideration of approving the CitySourced Mobile Application customer agreement. K) WORK SESSION 1. Pam Ledbetter Review of Communications Strategy 2. Gary Smith Review of Budget for City Elections 3. Brandon Branham Presentation/Discussion of Catering Ordinance 4. Diana Wheeler Review of DRAFT Ethics Ordinance 5. Tom Black Discussion – IGA Routine Maintenance 6. Tom Black Discussion – 2014 Re-Surfacing 7. Tom Black Discussion – SPLOST – Joint Project Update L) EXECUTIVE SESSION M) ADJOURNMENT 2014-03-18 COUNCIL MEETING AGENDA PAGE 2 OF 2  Draft Council Minutes February 18, 2014  DRAFT COPY CITY OF PEACHTREE CORNERS COUNCIL MEETING February 18, 2014, @ 7:00PM The Mayor and Council of the City of Peachtree Corners held a Council Meeting at City Hall, 147 Technology Parkway, Suite 200, Peachtree Corners, GA, 30092. The following were in attendance: Mayor Mike Mason Council Member Phil Sadd – Post 1 Council Member James Lowe – Post 2 Council Member Alex Wright – Post 3 Council Member Jeanne Aulbach – Post 4 Council Member Lorri Christopher – Post 5 Council Member Weare Gratwick – Post 6 City Manager Julian Jackson City Clerk Kym Chereck Com. Dev. Director Diana Wheeler City Attorney Don Henderson PLEDGE OF ALLEGIANCE: Mayor Mason led the Pledge of Allegiance. MINUTES: MOTION TO APPROVE THE MINUTES FROM THE JANUARY 21, 2014 SPECIAL CALLED COUNCIL MEETING. By: Council Member Christopher Seconded by: Council Member Gratwick Vote: (7-0) (Christopher, Gratwick, Mason, Sadd, Lowe, Wright, Aulbach) CONSIDERATION OF THE MEETING AGENDA: There was no change to the agenda. PUBLIC COMMENT: Mrs. Debbie Mason stated that she is a member of the Gwinnett Clean and Beautiful organization and requested that Waste Pro engage in dialogue with Gwinnet Clean and Beautiful on behalf of the City of Peachtree Corners in order 2014-02-18 Council Meeting Minutes Page 1 of 5  DRAFT COPY to increase the amount of recyclables for the organization. PRESENTATIONS AND REPORTS: Mrs. Diana Wheeler, Community Development Director, provided her report on staff activities that occurred during the period of February 1, 2014 – February 14, 2014. These activities included, among other items, a meeting with Gwinnett Economic Development, and a meeting with a Japanese company concerning expanding their manufacturing company. NEW BUSINESS: ACTION ITEM Consideration of approval of an Intergovernmental Agreement between the City of Peachtree Corners and the Gwinnett County Board of Registrations and Elections for City Elections using election equipment. MOTION TO APPROVE THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PEACHTREE CORNERS AND GWINNETT COUNTY BOARD OF REGISTRATIONS AND ELECTIONS FOR CITY ELECTIONS USING ELECTION EQUIPMENT. By: Council Member Gratwick Seconded: Council Member Aulbach Vote: (7-0) (Gratwick, Aulbach, Mason, Sadd, Lowe, Wright, Christopher) ACTION ITEM PH2014-001 Consideration of approving a Certificate for Development within the Chattahoochee River Corridor in accordance with the provisions of the Metropolitan River Protection Act for a new, single-family residence located at 4506 Ridegate Drive, Lot 7, Block G of the Riverview Estates Subdivision. Mrs. Diana Wheeler, Community Development Director, informed the Mayor and Council that the applicant is requesting certification for the above stated property in accordance the Metropolitan River Corridor Protection Act (MRPA). After review of the application, Staff recommended approval of the application with the following conditions: 1. Applicant shall file the certificate in the real estate records of the Clerk of Superior Court of Gwinnett County. 2. Applicant shall stake limits of land disturbing activity for city approval prior to issuance of the building permit. 2014-02-18 Council Meeting Minutes Page 2 of 5  DRAFT COPY 3. Applicant shall provide Affidavit confirming as/built conditions prior to issuance of certificate of occupancy. Council Member Sadd inquired as to whether or not the surrounding property owners had knowledge of the application. The applicant, Mr. Robert King, informed Councilmember Sadd that the surrounding property owners were aware of the proposed application. MOTION TO APPROVE PH2014-001 WITH STAFF CONDITONS. By: Council Member Christopher Seconded: Council Member Gratwick Vote: (7-0) (Christopher, Gratwick, Mason, Sadd, Lowe, Wright, Aulbach) RESOLUTION R2014-2-22 Consideration of a Resolution to authorize and apply for a GateWay grant for property located at the convergence of Peachtree Parkway and Peachtree Industrial Boulevard pursuant to the requirements of the Georgia Department of Transportation GateWay grant program. MOTION TO APPROVE R2014-2-22. By: Council Member Aulbach Seconded: Council Member Christopher Vote: (7-0) (Aulbach, Christopher, Mason, Sadd, Lowe, Wright, Gratwick) RESOLUTION R2014-2-23 Consideration of a Resolution to authorize Gwinnett Village CID’s application for a GateWay grant for landscaping along Buford Highway (State Route 13) pursuant to the requirements of the Georgia Department of Transportation GateWay grant program. MOTION TO APPROVE R2014-2-23. By: Council Member Sadd Seconded: Council Member Christopher Vote: (7-0) (Sadd, Christopher, Mason, Lowe, Wright, Aulbach, Gratwick) WORK SESSION: Best Practices – Communications Mrs. Pam Ledbetter of Accent Creative Group gave a presentation on best communications practices for the City of Peachtree Corners. Mrs. Ledbetter 2014-02-18 Council Meeting Minutes Page 3 of 5  DRAFT COPY explained why good communication practices are so important, and gave a few examples on how we can improve our communication practices. Mrs. Ledbetter stated that a committee has been formed to investigate better practices for the City, and that she will provide periodic updates to the Mayor and Council. Update on Solid Waste Transition/Waste Pro Mr. Bob Wolk of Waste Pro informed the Mayor and Council that over 600 people in the City of Peachtree Corners have currently signed up for the large recycling bins. Mr. Wolk stated that, at the Mayor and Council’s request, he would investigate working with Gwinnett Clean and Beautiful. Review of materials prescribed by the Georgia Municipal Association for ‘City of Ethics’ designation. Mrs. Diana Wheeler, Community Development Director, explained that the Georgia Municipal Association established a ‘City of Ethics’ certification program and outlined the steps necessary for a community to qualify for this certification. In order to earn a “Certified City of Ethics” designation, a city must take two actions: (1) adopt a resolution establishing the five ethics principles for the conduct of the city officials, and (2) adopt an ethics ordinance that meets minimum standards approved by the Georgia Municipal Association Board. It was determined that this item would go before the Mayor and Council at the March 18th Council meeting. Review of Green Communities – Certification Requirements Mrs. Diana Wheeler presented certification requirement for the Atlanta Regional Commission ‘Green Communities’ certification. A city must earn sufficient points in ten different environmental categories to reach either a gold, silver, or bronze level. It was determined that a ‘Green Communities’ Citizen Committee would be formed to help with this certification. Review of DRAFT Town Center LCI Request for Proposals document. Mrs. Diana Wheeler presented a Draft of the Town Center LCI request for proposals. It was determined that this item would go before the Mayor and Council for Action at the April 15th Council Meeting. Update SPLOST – Resurfacing/Presentation of City Sourced. Mr. Julian Jackson, City Manager, informed the Mayor and Council that they will receive an updated list of roads for the SPLOST at the April 15th Council Meeting. 2014-02-18 Council Meeting Minutes Page 4 of 5  DRAFT COPY Mr. Brandon Branham, Accounting Manager/Clerk of Court, gave a brief presentation on CitySourced. CitySourced is a real time mobile civic engagement platform. It provides a simple and intuitive platform empowering residents to identify civic issues (public safety, quality of life, environmental issues, etc.) and report them to city hall for a quick resolution. CitySourced can be branded with the City’s logo and is compatible with the City’s GIS system. After discussion it was determined that this item would come before the Mayor and Council at the March 18th Council Meeting. GMA Agreement with the City of Peachtree Corners for GMA to collect taxes from Insurance Companies. Mr. Brandon Branham outlined the GMA agreement with the City of Peachtree Corners for GMA to collect taxes from Insurance Companies. It was determined that this would come before the Mayor and Council at the March 18th Council Meeting. ADJOURNMENT: MOTION TO ADJOURN AT 8:20 PM. By: Council Member Sadd Seconded by: Council Member Wright Vote: (7-0) (Sadd, Wright, Mason, Lowe, Aulbach, Christopher, Gratwick) Approved, Attest: ___________________________________ __________________________________ Mike Mason, Mayor Kymberly Chereck, City Clerk (Seal) 2014-02-18 Council Meeting Minutes Page 5 of 5  Staff Activity Report  Memo TO: Mayor and Council CC: Julian Jackson, City Manager FROM: Diana Wheeler, Community Development Director DATE: March 14, 2014 SUBJECT: Staff Activity Report______________________________________ The following is a summary of Staff activity during the period of 3/3/14 – 3/14/14. A. Meetings with: 1. Peachtree Corners Rotary Club for their regular meeting. 2. Representative from Carl Vinson Institute regarding ½ day follow-up session with DDA (tentatively scheduled for June 9, 2014). 3. Owner that is marketing his property for sale. 4. Architect working on an office remodel in Technology Park. 5. Developer working on a residential project. B. Received five responses to the Town Center LCI Request for Proposals from: Robert and Company, Sizemore Group, Lord Aeck and Sargent, TSW, and Pond and Co. C. Attended Planning Commission meeting. Commission recommended approval with conditions of Seigakuin School’s request, but deferred Eldon Smith auto sales’ request to their next meeting. D. Researched Ethics Ordinances from neighboring communities. E. Reviewed plans for various development projects. F. Responded to phone calls and e-mails from residents, business people, and others. Processed the following permit applications: 3/3/2014 1163-14 DENYSE COMPAINES,INC 3600 HOLCOMB BRIDGE RD PERMANENT SIGN 3/3/2014 1164-14 WORKBENCH ACE HARDWARE 3960 HOLCOMB BRIDGE RD CERTIFICATE OF OCCUPANCY 3/3/2014 1165-14 PRO BUILDING SYSTEMS 120 TECHNOLOGY PKWY NEW CONSTRUCTION 3/4/2014 1166-14 CRITICAL SYSTEMS LLC 5665 SUN COURT DR STE 150 PRESIDIO 3/4/2014 1167-14 DOCAUTO 5430 METRIC PLACE STE 150 INTERIOR FINISH 3/4/2014 1168-14 MITEC 5665 SUN COURT DR STE 150 ELECTRICAL 3/4/2014 1169-14 THROWER ELECTRIC INC 3330 PEACHTREE CORNERS CIR STE M ELECTRICAL 3/4/2014 1170-14 NETPLANNER SYSTEMS, INC 3100 NORTHWOODS PLACE, STE B CERTIFICATE OF OCCUPANCY 3/4/2014 1171-14 PARKER YOUNG CONSTRUCTION 4973 WILLIAMSPORT DRIVE FIRE DAMAGED HOME 3/4/2014 1172-14 D.H. WRECKING COMPANY 4815 BUFORD HWY DEMO 3/6/2014 1173-14 GOFF COMMUNICATIONS 6349 PEACHTREE STREET CELL SITE 3/6/2014 1174-14 PINNACLE CUSTOM SIGNS 5252 PEACHTREE PKWY PERMANENT SIGN 3/6/2014 1175-14 PINNACLE CUSTOM SIGNS 5252 PEACHTREE PKWY PERMANENT SIGN 3/6/2014 1176-14 PINNACLE CUSTOM SIGNS 5252 PEACHTREE PKWY PERMANENT SIGN 3/6/2014 1177-14 PINNACLE CUSTOM SIGNS 5252 PEACHTREE PKWY PERMANENT SIGN 3/6/2014 1178-14 PINNACLE CUSTOM SIGNS 5252 PEACHTREE PKWY PERMANENT SIGN 3/6/2014 1179-14 PINNACLE CUSTOM SIGNS 5252 PEACHTREE PKWY PERMANENT SIGN 3/6/2014 1180-14 PINNACLE CUSTOM SIGNS 5252 PEACHTREE PKWY PERMANENT SIGN 3/6/2014 1181-14 PINNACLE CUSTOM SIGNS 5252 PEACHTREE PKWY PERMANENT SIGN 3/6/2014 1182-14 RED DOOR RENOVATIONS 4006 YELLOW GINGER POINT DECK&PORCH ADDITION 3/6/2014 1183-14 GWINNETT COUNTY DWR 3875 RIVER HOLLOW RUN ADDITION 3/6/2014 1184-14 MITEC 6200 THE CORNERS PKWY ELECTRICAL 3/6/2014 1185-14 SMART 3RD PARTY 3100 MEDLOCK BRIDGE RD CERTIFICATE OF OCCUPANCY 3/6/2014 1186-14 ATLANTA CHECK CASHERS 25 TECHNOLOGY PKWY INTERIOR FINISH 3/7/2014 1187-14 PHOENIX COLLISION 4815 BUFORD HWY PERMANENT SIGN 3/7/2014 1188-14 DERRY TRADE SERVICES LLC 3330 PEACHTREE CORNERS CIR STE M HVAC 3/7/2014 1189-14 DERRY TRADE SERVICES LLC 3330 PEACHTREE CORNERS CIR STE K HVAC 3/7/2014 1190-14 DANA ROGERS 5450 PEACHTREE PKWY STE 2B INTERIOR FINISH 3/7/2014 1191-14 WIDEDATA 3500 PARKWAY LN 5TH FLOOR LOW VOLTAGE 3/7/2014 1192-14 WIDEDATA 3500 PARKWAY LN 6TH FLOOR LOW VOLTAGE 3/7/2014 1193-14 ORDNER CONSTRUCTION CO., INC 5130 PEACHTREE PKWY TEMPORARY SIGN 3/7/2014 1194-14 EBERLINE INC 4864 OAK MANOR DR NEW HOME 3/7/2014 1195-14 EBERLINE INC 4867 OAK MANOR DR NEW HOME 3/7/2014 1196-14 MITEC 3720 DAVINCI COURT STE 300 LOW VOLTAGE 3/7/2014 1197-14 MITEC 3720 DAVINCI COURT STE 400 LOW VOLTAGE 3/7/2014 1198-14 ROMANOFF RENOVATIONS 4080 DEERINGS DR REMODEL 3/10/2014 1199-14 LORETTA HOLMES 6515 DEERINGS LANE GARAGE ENCLOSURE 3/10/2014 1200-14 EAST ATLANTA BUILDERS,LLC 3230 CLAUDIA CT NEW TOWNHOUSE 3/10/2014 1201-14 EAST ATLANTA BUILDERS,LLC 3232 CLAUDIA CT NEW TOWNHOUSE 3/10/2014 1202-14 EAST ATLANTA BUILDERS,LLC 3234 CLAUDIA CT NEW TOWNHOUSE 3/10/2014 1203-14 EAST ATLANTA BUILDERS,LLC 3236 CLAUDIA CT NEW TOWNHOUSE 3/10/2014 1204-14 EAST ATLANTA BUILDERS,LLC 3238 CLAUDIA CT NEW TOWNHOUSE 3/10/2014 1205-14 EAST ATLANTA BUILDERS,LLC 3240 CLAUDIA CT NEW TOWNHOUSE 3/10/2014 1206-14 STANLEY ELECTRIC 4845 SOUTH OLD PEACHTREE RD #400 ELECTRICAL 3/10/2014 1207-14 GEORGIA DELTA MECHANICAL 4478 EAST JONES BRIDGE RD PLUMBING 3/11/2014 1208-14 CREEKSTONE BUILDERS, LLC 5258 FOX HILL COURT PLUMBING 3/11/2014 1209-14 MAJESTIC CONTRACTING SERVICES 4327 STILSON CIRCLE PLUMBING 3/11/2014 1210-14 GARY HOLDINGS GROUP, LLC 5701 SPALDING DRIVE COTTAGE 2(A) NEW CONSTRUCTION 3/11/2014 1211-14 GARY HOLDINGS GROUP, LLC 5701 SPALDING DRIVE COTTAGE 2(B) NEW CONSTRUCTION 3/11/2014 1212-14 GARY HOLDINGS GROUP, LLC 5701 SPALDING DRIVE COTTAGE 1(A) NEW CONSTRUCTION 3/11/2014 1213-14 GARY HOLDINGS GROUP, LLC 5701 SPALDING DRIVE COTTAGE 1(B) NEW CONSTRUCTION 3/11/2014 1214-14 NEOCOM SOLUTIONS 3817 MEDLOCK BRIDGE RD CELL SITE 3/12/2014 1215-14 C W CONTRACTING 6450 SPALDING DRIVE STE A INTERIOR FINISH 3/12/2014 1216-14 AVATOR CONSTRUCTION 6409 BAKER COURT STE A INTERIOR REMODEL 3/12/2014 1217-14 LITE WORK 4456 SPALDING DRIVE ELECTRICAL 02014-03-24 SEIGAKUIN SCHOOL STATE OF GEORGIA ORDINANCE 2014-03-24 GWINNETT COUNTY AN ORDINANCE TO AMEND THE CITY OF PEACHTREE CORNERS ZONING MAP PURSUANT TO SUP2014-001REQUEST FOR A SPECIAL USE PERMIT ON A 3.79 ACRE PARCEL ZONED R-100 (SINGLE FAMILY RESIDENTIAL) TO ALLOW THE ADDITION OF CHURCH AND COMMUNITY USES TO AN EXISTING SCHOOL FACILITY LOCATED IN DISTRICT 6, LAND LOTS 311 AND 312, PARCEL 004A AT 5505 WINTERS CHAPEL ROAD; APPLICANT: SEIGAKUIN SCHOOL WHEREAS: Notice to the public regarding said modification to conditions of zoning has been duly published in The Gwinnett Daily Post, the Official News Organ of Peachtree Corners; and WHEREAS: Public Hearings were held by the Mayor and City Council of Peachtree Corners on March 18, 2014 and April 15, 2014; NOW THEREFORE, The Mayor and City Council of the City of Peachtree Corners while in Regular Session on April 15, 2014 hereby ordain and approve the Zoning Case SUP2014-001, Seigakuin School, for the above referenced property with the following enumerated conditions: 1. Permitted uses shall be limited to school, educational, church and community uses. 2. Community uses shall not include commercial activities such as retail sales. 3. Community uses shall be conducted solely within the building. 4. All events on the property shall end by 9:00 PM with clean-up completed by 10:00 PM. 5. No outside sound or speaker systems shall be permitted. 6. Alcoholic beverages, except for religious use, shall be prohibited. 7. The maximum number of cars allowed on site is 130 and the maximum number of people on the property is 250. 8. Activities generating a greater parking demand than can be accommodated on site shall not be permitted. 9. Permanent signage advertising any of the additional uses or tenants shall not be permitted; however, temporary directional signage shall be permitted. 10. Approval shall be subject to reconsideration if more than three complaints are received within any 12 month period. 11. The school shall require and verify that the parking lot gates are secured after each use by any group. Effective this 15th day of April, 2014. So signed and Witnessed Approved : this _______day of __________, 2013 Attest: ________________________ __________________________ Kymberly Chereck, City Clerk (SEAL) Mike Mason, Mayor Gratwick  PH2014-002 RELIANCE DEVELOPMENT  Memo TO: Mayor and Council CC: Julian Jackson, City Manager FROM: Diana Wheeler, Community Development Director DATE: March 18, 2014 SUBJECT: PH2014 002 Peachtree Reserve______________________________________ In accordance with the Peachtree Corners Development Regulations, the Peachtree Reserve subdivision final plat has been submitted for final acceptance. The Gwinnett County Development and Planning staff has completed the required review and inspections, and has released the project. Performance and maintenance bonds have been provided to the City. The entrance landscaping as required by the zoning conditions will be complete prior to issuance of the first certificate of occupancy for the first home constructed. The streets are private and will be maintained by the Homeowner’s !ssociation. The attached plat has been recorded in the Gwinnett County Real Estate records. The ‘final acceptance’ is a procedural requirement to acknowledge completion of this phase of development and does not encumber the City with any additional responsibility. PLAT ACCEPTANCE PH2014-002 SUBDIVISION PLAT ACCEPTANCE NAME: PEACHTREE RESERVE LOCATION: BUSH ROAD LEGAL DESCRIPTION: 6TH DISTRICT, LAND LOT 300 The Mayor and City Council of the City of Peachtree Corners, while in Regular Session on March 18, 2014, ratified the acceptance of all dedications for Peachtree Reserve subdivision (PH2014 002); as required by the Peachtree Development Regulations Article 11. 1.4. l Approved: _______________________________ Mike Mason, Mayor ATTEST: ____________________________(SEAL) Kym Chereck, City Clerk GMA AGREEMENT  AGREEMENT STATE OF GEORGIA COUNTY OF _________________ This Agreement made and entered into the ____ day of ___________, 20____ between the GEORGIA MUNICIPAL ASSOCIATION Inc. (“GMA”) and the CITY OF PEACHTREE CORNERS, Georgia (the “City”). WITNESSETH: That for the promises and consideration hereinafter set forth, GMA and the City agree that: 1. GMA is authorized to, and will make the necessary investigations or take such action as may be required in its judgment to collect unpaid, escaped and delinquent privilege or occupational license taxes and fees (“Taxes”) from corporations, firms or associations transacting insurance business in the City, under the requirements of the ordinance of said City, and Georgia law. 2. The City shall not incur any expense or liability in connection with such investigation and collection except as hereinafter set forth. 3. GMA, at its expense, will write all necessary letters and assume all other expenses incurred in the collection of the Taxes, including legal expenses. GMA is hereby authorized if it deems necessary, but not obligated, to employ at its expense legal counsel and other persons. The City agrees to cooperate with GMA in such action as may be reasonably required to collect the Taxes. 4. In order to defray the cost of the investigation, legal expenses and collection of the Taxes, GMA shall be entitled to 50% of all amounts of such delinquent and escaped Taxes recovered and the remaining 50% shall be remitted periodically to the City accompanied by itemized statements. In the event that Taxes collected through the efforts of GMA are paid directly to the City, GMA shall receive credit in accord with this formula. GMA shall receive no compensation for Taxes collected in subsequent years on payments received from billings by the City to companies from which GMA has collected under this Agreement. 5. During the term of this Agreement, the City shall notify GMA of any payments or compromise settlements received by the City of such delinquent Taxes due from insurance corporations, firms or associations, and forward any correspondence received in connection with such delinquent Taxes to GMA for further investigation and handling; and shall otherwise provide such information as may be reasonably necessary for the collection efforts and requested by GMA 6. This Agreement shall remain in full force and effect until terminated by either party upon giving at least ninety (90) days notice in writing to the other party. 7. Georgia Security and Immigration Compliance Act Contractor agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the employee-number category applicable to the subcontractor. Contractor attests compliance with the requirements of O.C.G.A. §13-10-91 and Rule 300-10-1-.02 by the execution of the contractor affidavit attached as Appendix A as shown in Rule 300­ 10-1-.07, or a substantially similar contractor affidavit, which document is attached to and made a part of the contract.  Contractor agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, Contractor will secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit shown in Rule 300-10-1-.08 or a substantially similar subcontractor affidavit, and maintain records of such attestation for inspection by the City at any time. Such subcontractor affidavit shall be made a part of the contractor/subcontractor agreement.” IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers and their seals affixed the day and year first above written. GEORGIA MUNICIPAL ASSOCIATION, Inc. CITY OF PEACHTREE CORNERS, GEORGIA By: _______________________________ By: _______________________________ Its: _______________________________ Its: ________________________________  EXHIBIT A GEORGIA MUNICIPAL ASSOCIATION FEDERAL WORK AUTHORIZATION PROGRAM COMPLIANCE AFFIDAVIT By executing this affidavit, the Georgia Municipal Association, Inc. (“GMA”) verifies its compliance with O.C.G.A. §13-10-91, stating affirmatively that GMA, which is engaged in the physical performance of services in Georgia under a contract with City of Peachtree Corners, has registered with, is authorized to use and uses the federal work authorization program commonly known as E- verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. §13-10-91. Furthermore, GMA will continue to use the federal work authorization program throughout the contract period and will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. §13-10-91(b). GMA hereby attests that its federal work authorization user identification number and date of authorization are as follows: 69371________________________________ November 26, 2007___________________ Federal Work Authorization User Identification Number Date of Authorization Collection/Discovery of Business Insurance License Fees Name of Project I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______________________, ____ 20_______, in Atlanta (city), Georgia (state). _________________________________________ ________________________ BY: GMA Authorized Officer or Agent Date Lamar Norton, Executive Director_____________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 20____ _________________________________________ Notary Public My Commission Expires: CITYSOURCED  CITYSOURCED, INC. MOBILE APPLICATION CUSTOMER AGREEMENT This Mobile Application Customer Agreement (this Subscriber a limited, non-exclusive, non-transferable, non- “Agreement”) is entered into by and between CitySourced, Inc. sublicensable license to access and use the versions of the (“Provider”), having a principal place of business at 1545 Software indicated on Schedule A as specifically permitted Sawtelle Blvd., Suite 36, Los Angeles, CA 90025 and the City of hereunder. The Provider also hereby grants to Subscriber an Peachtree Corners, Georgia, a municipal corporation irrevocable, perpetual, royalty-free license to all information (“Subscriber”) and is effective upon signature by the Subscriber stored by the Software and Application as assigned and used by (the “Effective Date”). In consideration of the mutual the Subscriber (“Data”). Other than the rights expressly granted agreements contained herein, the parties hereto agree as in this Agreement, each party retains all of its rights to its follows: trademarks, logos, trade names, and service marks (collectively, “Brands”), Web site(s), technologies, patents, copyrights, trade 1. Software, Support Services. secrets, know-how, and other intellectual property and proprietary rights. Without limiting the generality of the foregoing, Provider shall at all times solely and exclusively own 1.1 General. Provider is an application services provider all rights, title, and interest in and to the Software, Application that has developed a mobile application that allows end users to and Data, and all intellectual property rights therein. No implied send messages to governmental entities via a mobile device (the licenses are granted herein. Subscriber agrees not to use any “Application”). Provider has developed associated software reverse compilation, reverse engineering, decompilation or that allows governmental entities the ability to receive and disassembly techniques or similar methods to determine any respond to such messages (together with future versions of such design structure, concepts and construction method of the software made by Provider from time to time, collectively the Application or Software or replicate the functionality of the “Software”), as further described on Schedule A. Application or Software for any purpose. Subscriber shall not remove, modify, or obscure any Provider or other copyright, 1.2 Access, Fees. Commencing no later than 21 days trademark, and other proprietary notices affixed to or displayed after the Effective Date, and provided that the Subscriber has on the Application or Software, and shall not allow any third delivered all necessary assets to Provider for deployment, party to take any such action. Provider shall provide to Subscriber access to the Software at the level described in the attached Schedule A via an Internet 3. Term and Termination. web browser under the terms and conditions of this Agreement and in consideration of the fees described in Schedule A. 3.1 Term. This Agreement shall commence on the Effective Date and continue until the “Termination Date” listed 1.3 Support Services. Subscriber acknowledges and on Schedule A, or terminated in the manner provided in agrees that Provider does not provide support or custom Section 3.2 Below. development for the Software, except pursuant to a separate, written support and custom development agreement and at Provider’s hourly charges as defined in Schedule A. 3.2 Termination. Either party may terminate this Agreement at any time upon written notice in the event the other party has committed a material breach of this Agreement 1.4 No Consulting or Advisory Services. Subscriber which remains uncured forty-five (45) days after written notice acknowledges and agrees that Provider is not providing any of such breach, except that Provider may terminate this consulting or advisory services to Subscriber, legal or otherwise, Agreement immediately upon written notice for failure by in connection with the Software or Application. Subscriber to pay the required fees or breach of Sections 2 or 4. 1.5 Geographical Files. Promptly following the Effective 3.3 Effect of Termination. Upon termination for any Date, Subscriber shall provide to Provider the geographic reason, Subscriber shall cease all use of the Software and boundary file for the applicable covered area (the “Area”) in Application. the form of an ESRI shape file. Additionally, any geographic data including, but not limited to, municipal district boundaries, school board boundaries, shall be provided by the Subscriber at 4. Confidential Information. the Provider's request if such data exists. 4.1 Definition of Confidential Information. Provider and 1.6 Promotion. In consideration for the rights granted Subscriber understand and agree that in the performance of this hereunder by Provider, Subscriber agrees to use its reasonable, Agreement, each party may have access to or may be exposed good faith efforts to promote the Application in the Area, which to, directly or indirectly, proprietary or confidential information includes without limitation (a) posting a link on Subscriber’s of the other party, including, but not limited to, trade secrets, main website page to Provider’s website for the downloading of Web site usage statistics, marketing and business plans and the Application, (b) emailing or otherwise notifying the technical information (“Confidential Information”). residents in the Area of the availability of the Application and associated services, and (c) contacting local news and media 4.2 Protection of Confidential Information. Each party outlets about the availability of the Application and associated agrees that it shall not, during the term of this Agreement and services. after its termination, use (except as expressly authorized by this Agreement) or disclose Confidential Information of the other 1.7 Website Linkbacks. Promptly following the Effective party without the prior written consent of the other party, Date, Subscriber shall insert a text hyperlink to unless the receiving party can prove such Confidential http://www.citysourced.com from their public facing website. Information (i) was known to the receiving party prior to the The text of the hyperlink shall be determined by the Provider. Effective Date of this Agreement, or (ii) is or becomes publicly available without breach of this Agreement, or (iii) becomes known to the receiving party after rightful disclosure from a 2. Intellectual Property Rights. Subject to the terms third party not under an obligation of confidentiality; or (iv) was and conditions of this Agreement, Provider hereby grants to independently developed by the receiving party without the use Mobile Application Customer Agreement - Confidential 1 of the disclosing party’s Confidential Information. The receiving 9. Verification. Provider may, at its expense, party will have the right to disclose Confidential Information automatically audit Subscriber’s use of the Software and without being in breach of this Agreement to the minimum Application, provided that any such audit shall not interfere extent necessary to comply with a lawful court order or with Subscriber’s business activities. Provider shall be government regulation, provided that the receiving party permitted to conduct automated audits at its discretion, provide the disclosing party with advance written notice provided that such automated audits take place without thereof, and reasonably cooperates with the disclosing party to accessing Subscriber’s internal information technology networks seek confidential or protective treatment of such Confidential and do not materially interfere with Subscriber’s use of the Information. In addition, the receiving party agrees to take all Software. If an audit reveals that Subscriber has utilized more reasonable measures to protect and maintain in confidence the users than authorized or otherwise underpaid fees to Provider, Confidential Information received from the disclosing party. Subscriber shall pay Provider applicable fees based upon With respect to Confidential Information disclosed by a party Provider’s then-current fee schedule. Subscriber shall under this Agreement, this Section 4 shall supersede any existing cooperate with Provider to provide passwords and other agreement relating to confidential treatment and/or non- information necessary for Provider to conduct such audits. disclosure of Confidential Information. 10. Independent Contractor. The relationship of Parties 5. Warranties. is solely that of independent contractors. Nothing contained in this Agreement shall be construed to give either party the power 5.1 By Both Parties. Each party represents and warrants to direct or control the activities of the other or constitute to the other party that (i) it has the right to enter into this either party as the other’s partner, joint venturer, co-owner, Agreement and perform its obligations hereunder in the manner agent, franchisee or employee. contemplated by this Agreement, and (ii) this Agreement shall not conflict with any other agreement entered into by it. 11. Commercial Item. This Section shall apply if Subscriber is part of the United States government, or is 5.2 By Subscriber. Subscriber represents, warrants, and otherwise subject to regulations promulgated by the United covenants that it shall comply with all applicable laws of the States government for the procurement of goods and services. United States of America, any State thereof, and any other The Software and Application are both “commercial items” applicable rules, ordinances, and regulations in connection with under FAR §2.101 and consist of “commercial computer the performance of Subscriber’s obligations under this software” and “commercial computer software documentation” Agreement. under FAR §12.212 and DFARS §227-7202. Any use, duplication, or disclosure of the Software or Application or associated documentation by Subscriber is governed solely by the terms of 6. Disclaimer. THE SOFTWARE AND APPLICATION ARE this Agreement. Any technical data customarily provided with PROVIDED “AS IS” WITHOUT ANY WARRANTY, AND SUBSCRIBER’S the Software or Application shall also be governed by the terms USE OF THE SOFTWARE AND APPLICATION OR ANY DATA of this Agreement pursuant to FAR §12.211. Further, the parties ACCESSED OR OBTAINED THEREFROM IS SOLELY AT SUBSCRIBER’S acknowledge that all items or services ordered and delivered OWN RISK. PROVIDER DOES NOT WARRANT THAT THE SOFTWARE under this Agreement are commercial items as defined under OR APPLICATION WILL MEET SUBSCRIBER’S REQUIREMENTS OR Part 12 of the Federal Acquisition Regulation (FAR). In THAT THE OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. particular, Provider agrees to be bound only by those Federal TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, contracting clauses that apply to “commercial” suppliers and PROVIDER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, that are contained in FAR 52.212-5(e)(1) (OCT 2003). Further, EXPRESS, IMPLIED, AND STATUTORY, CONCERNING THE in the event that the parties negotiate or agree upon a change SOFTWARE AND APPLICATION, OR OTHERWISE RELATED TO THIS in the price provided in this Agreement, or should Provider AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED become entitled to an equitable adjustment in the price, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A Provider shall not be required to comply with the contract cost PARTICULAR PURPOSE, AND ANY STATUTORY WARRANTIES OF principles or cost accounting standards of the FAR. NON-INFRINGEMENT. 12. Billing: All Fees listed on Schedule A are exclusive of 7. Limitation of Liability. EXCEPT FOR A BREACH OF all taxes; billed on an annual basis in advance; and, due upon SECTIONS 2 OR 4, IN NO EVENT SHALL EITHER PARTY BE LIABLE receipt of invoice. This secures site, servers and resources TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY necessary to begin project. Payments over 45 days from initial INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR contract start date will accrue interest at a rate of one (1%) per CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, month. Renewal payments made after contract renewal date LOST PROFITS, ARISING OUT OF OR IN RELATION TO THIS will accrue interest at a rate of one (1%) per month. AGREEMENT. PROVIDER'S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR All payments should be made directly to CitySourced, Inc. and THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN will not be deemed received until actually received in Provider THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A offices. Provider mailing address for all payments is: BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. CitySourced, Inc. 1545 Sawtelle Blvd. 8. Force Majeure. Provider shall not be liable to Suite 36 Subscriber or any other person or entity for any delay or failure Los Angeles, CA 90025 in the performance of this Agreement or for loss or damage of any nature whatsoever suffered by such party due to disruption 13. Miscellaneous. This Agreement contains the entire or unavailability of communication facilities, utility or Internet agreement of the parties, and supersedes (i) any and all service provider failure, acts of war, acts of vandalism, previous or contemporaneous agreements with respect to the terrorism, lightning, fire, strike or any other causes beyond subject matter hereof, whether oral or written and (ii) the End Provider’s reasonable control. User Agreement contained on the Application. In addition, any purchase orders issued by any entity other than Provider shall be valid only for the purpose of identifying this contract for Mobile Application Customer Agreement - Confidential 2 reference purposes only, and any terms included in such The headings in this Agreement are for purposes of reference purchase orders are void and shall be of no effect. This only and shall not limit or otherwise affect the meaning hereof. Agreement shall be binding and shall inure to the benefit of the Any outstanding payment obligation of Subscriber, the parties hereto and their respective successors and permitted restrictions and ownership provisions of Section 2, and all of assigns. This Agreement may not be assigned by Subscriber Sections 3.3, 4, 6, 7, 11 and 13, and any other term hereof without Provider’s prior written consent, such consent not to be which contemplates continuing effectiveness, shall survive the unreasonably withheld. Provider may assign, delegate and/or termination or expiration of this Agreement for any reason. subcontract any or all of its rights or obligations hereunder. Any attempted assignment in violation of the foregoing shall be null 14. Acceptance. IN WITNESS WHEREOF, the parties have and void. All notices and consents required or permitted to be caused this Agreement to be executed by their duly authorized given under this Agreement shall be in writing to the parties at representatives effective as of the Effective Date. the addresses designated herein or to such other address as either party may designate to the other by written notice, and shall be effective upon receipt. Written notice shall be made in the form of a certified letter, confirmed facsimile transmission or acknowledged receipt of electronic mail. Receipt shall be PROVIDER: deemed to have occurred: four days following mailing of a certified letter; upon receipt of confirmation of fax; and upon Signature: receipt of confirmation of receipt of e-mail. This Agreement shall be governed in all respects, including validity, Name: interpretation and effect, by the laws of the State of California, without reference to the conflicts of laws rules or any other Title: rules that would result in the application of a different body of law. If any part of this Agreement shall be held to be void or Date: unenforceable, such part will be treated as severable, leaving valid the remainder of this Agreement notwithstanding the part or parts found to be void or unenforceable. No waiver shall be effective unless it is in writing and signed by an authorized SUBSCRIBER: representative of the waiving party, and any such waiver shall only be applicable to the specific instance referenced in such Signature: writing. This Agreement may be executed in two counterparts, each of which shall be deemed to be an original, and both of Name: which together shall constitute one contract. Fax copies of signatures shall also be treated as originals for purposes of this Title: Agreement. Subscriber acknowledges and agrees that Provider retains the right at any time to change the features, Date: functionality and look-and-feel of the Software and Application. Mobile Application Customer Agreement - Confidential 3  SCHEDULE A 1. SOFTWARE – All Checked Apply  CitySourced – Pro Software Features Fee Term  Free Smartphone App to Residents Free N/A  Define Your Geographic Boundaries  Unlimited Console Users  Unlimited Storage  Unlimited Email Support  Online Knowledge Base  Read/Write APIs for Service Integration  Notifications by Geography & Report Type  Download Raw Data  Localized News Tab for Residents Additional features as listed on: http://www.citysourced.com/console/pro  CitySourced – Enterprise Software Features Fee Term  All the features of the Pro Edition See below. The “Initial Term” shall be for one (1) calendar year from the  Custom Issue Report Types Effective Date (the “Termination Date”). Upon the expiration of  Custom Co-Branded App Initial Term, the term will continue to auto-renew to subsequent annual terms subject to any fee increases implemented by the  Your Own Smartphone App Store Entry Provider unless Subscriber notifies Provider in writing of its  Unlimited Telephone Support intention not to extend the term at least thirty (30) days prior to (does not include Training) the Termination Date.  Live Online Training Seminar  Integration with Major CRM Providers  Custom News Feed Additional features as listed on: http://www.citysourced.com/console/enterprise  CitySourced – Enterprise Plus Software Features Fee Term  All the features of the Enterprise Edition See below. N/A  10 Hours of Custom CRM Integration  Download Day Support  Custom Marketing Plan Additional features as listed on: http://www.citysourced.com/console/enterprise-plus 2. Fees: Fees are locked in for Initial Term. After Initial Term, the fees may be modified by Provider by written notice to subscriber thirty (30) days in advance of such modification. Any and all custom software development performed by Provider not included in the fees below are billed at an hourly rate of $250.00 and subject to an agreed upon statement of work. All checked apply:  $9,600.00 USD - Recurring Annual Costs  Custom Smartphone Store Entries  $2,000.00 USD - One Time Setup Costs  $0.00 USD - iPhone  $___________ USD – Integration Custom CRM  $0.00 USD - Blackberry  $0.00 USD - Android  $0.00 USD - Windows Phone Mobile Application Customer Agreement - Confidential 4  Invoice Date CitySourced, Inc. INVOICE Mar 18, 2014 1545 Sawtelle Blvd. Invoice Number Suite 36 Peachtree Corners, GA INV-0204 LOS ANGELES CA 90025 Attention: Julian Jackson 147 Technology Parkway NW Suite 200 PEACHTREE CORNERS GA 30092 Description Quantity Unit Price Tax Amount USD CitySourced Platform - Enterprise Edition 1.00 9,600.00 Tax Exempt 9,600.00 Initial Platform Setup 1.00 2,000.00 Tax Exempt 2,000.00 Subtotal 11,600.00 TOTAL TAX 0.00 TOTAL USD 11,600.00 Due Date: Mar 18, 2014 Customer Peachtree Corners, GA PAYMENT ADVICE Invoice Number INV-0204 To: CitySourced, Inc. Amount Due 11,600.00 1545 Sawtelle Blvd. Due Date Mar 18, 2014 Suite 36 Amount Enclosed LOS ANGELES CA 90025 Enter the amount you are paying above Registered Office: 1545 Sawtelle Blvd., Suite 36, Los Angeles, CA, 90025.  DRAFT CATERING ORDINANCE Sec. 6-55. - Alcoholic beverage caterers. (a) License requirements for resident caterers. (1) Any caterer who possesses a valid license from the city to sell or otherwise dispense malt beverages, wine or distilled spirits by the drink at a fixed location within the city may apply for an off-premises license that permits sales at a catered event or function as authorized herein. (2) Each off-premises catering license, authorized herein, shall be valid only for the event or function for which the license is issued. The fee for each license shall be set by resolution of the city council, and this fee amount shall remain in effect until modified or amended by subsequent resolution adopted by the city council. (3) It shall be unlawful for any person to engage in, carry on, or conduct the sale or distribution of alcoholic beverages off-premises in connection with a catered event or function without first having obtained a license as provided herein. (b) Permit requirements for nonresident caterers. (1) A nonresident alcoholic beverage caterer shall submit an application for an off-premises event permit to the city manager or designee. The fee for each such permit shall be $50.00 as authorized by O.C.G.A. § 3-11-3 (or such fee as may be authorized by any future amendment or revision thereto). (2) An application for an event permit shall include the name of the caterer, the date, address, time, and name of the event and the quantity and type of alcoholic beverages to be transported from the licensee's primary location to the location of the applied-for catered event or function. (3) The original event permit shall be kept in the vehicle transporting the alcoholic beverages to the catered event or function. (4) It shall be unlawful for a licensed alcoholic beverage caterer to distribute, sell, or otherwise dispense alcoholic beverages off-premises without an event permit as authorized herein. (c)  Limitation on license. A licensed alcoholic beverage caterer may sell or otherwise dispense only that which is authorized by his alcoholic beverage license. For example, if the alcoholic beverage caterer possesses a valid license to sell malt beverages, he may sell or otherwise dispense only malt beverages at the authorized catered event or function. (d) Sunday sales. An alcoholic beverage caterer wishing to cater an event or function on Sunday must possess a valid Sunday sales license and comply with the requirements of state law with respect to the service of alcoholic beverages on Sunday. (e) Tax on sales by resident caterers. Excise taxes are imposed upon the sale of alcoholic beverages by a resident caterer as provided in article IX of this chapter. (f) Tax on drinks served by nonresident caterers. Excise taxes are imposed upon the total of individual alcoholic beverage drinks served by a nonresident caterer in the amounts set forth in article IX of this chapter and shall be paid within 30 days after the conclusion of the catered event or function.  DRAFT ETHICS ORDINANCE  Memo TO: Mayor and Council CC: Julian Jackson, City Manager FROM: Diana Wheeler, Community Development Director DATE: March 18, 2014 SUBJECT: City of Ethics Certification______________________________________ To follow-up on the City of Ethics Certification discussion held at the 2/18/14 workshop, Staff investigated the framework of ethics ordinances in other communities. Since the Georgia Municipal Association conducts the certification program and offers model ordinances, most cities appear to adopt ordinances that follow GMA’s model. However, the model offers several options with regard to how ethics complaints may be received and reviewed. As a result, approaches vary among the communities researched (see attached document) for the handling of ethics complaints. In Gwinnett County, for example, ethics complaints are forwarded to an Ethics Board consisting of five appointed members. In the City of Suwannee, ethics complaints are reviewed by an individual hearing officer. In both cases, the findings of the review process, whether it is by the board or the individual, are forwarded to the elected officials (Council or Commission) for a final decision on the ethics complaint. After review of seven ethics ordinances from surrounding communities (Gwinnett County, Duluth, Sandy Springs, Brookhaven, Suwannee, Doraville, and Dunwoody), staff recommends using Peachtree Corners existing municipal court for review of ethics complaints. Since the municipal court infrastructure is already in place, no additional work (recruiting volunteers, providing training, etc.) would be required of the City. In addition, the court already has a calendar established, so no special hearing dates would have to be set. The municipal court judge would be well qualified to serve in the capacity of ‘hearing officer’ and could easily accommodate this additional role should the need arise. Since ethics complaints are expected to be a rare (if ever) occurrence, the addition of this responsibility should not impact the court’s work load. Recommended next steps: Place Ethics Resolution and Ethics Ordinance on April 15th City Council agenda for consideration. (Note – to be recognized as a ‘City of Ethics’ at the June annual GMA meeting, documents must be submitted to GMA by April 30th.) STATE OF GEORGIA COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANANCE 2014 -____-_____ DRAFT AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF PEACHTREE CORNERS, GEORGIA TO PROVIDE A NEW CODE SECTION CHAPTER 2, ARTICLE VIII, ETHICS; TO PROVIDE FOR PENALTIES; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the duly elected governing authority of the City of Peachtree Corners, Georgia is authorized by O.C.G.A. § 36-35-3 to adopt ordinances relating to its property, affairs and local government; and WHEREAS, the duly elected governing authority of the City of Peachtree Corners, Georgia is the Mayor and Council thereof; and WHEREAS, the governing authority deems it essential to the proper operation of democratic government that the public officials be, and give the appearance of being, independent, impartial, and responsible to the people; that governmental decisions and policies be made in the proper channels of the governmental structure; and that public office not be used for personal gain; and WHEREAS such measures are necessary to provide the public with confidence in the integrity of its government. NOW THEREFORE it is the policy of the city that its officials, employees, appointees, and volunteers conducting official city business: Serve others and not themselves; Be independent, impartial and responsible; Use resources with efficiency and economy; Treat all people fairly; Use the power of their position for the well-being of their constituents; and Create an environment of honesty, openness and integrity. AND, FURTHER, THE MAYOR AND COUNCIL OF THE CITY OF PEACHTREE CORNERS HEREBY ORDAIN AS FOLLOWS: Section 1. STATE OF GEORGIA COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANANCE 2014 -____-_____ That the Code of Ordinances of the City of Peachtree Corners, Georgia is hereby amended by adding Article VIII to Chapter 2 with sections to be numbered 1-1 through 1-8, Code of Ethics, with said sections to read as follows: Sec. _1-1___PURPOSE The purpose of this code of ethics is to: (a) Encourage high ethical standards in official conduct by city officials; (b) Establish guidelines for ethical standards of conduct for all such officials by setting forth those acts or actions that are incompatible with the interest of the city; (c) Require disclosure by such officials of private financial or other interest in matters affecting the city; and (d) Serve as a basis for disciplining those who refuse to abide by its terms. Sec. __1-2___SCOPE The provisions of this code of ethics shall be applicable to all elected and appointed city officials. Notwithstanding anything herein to the contrary, state law and the charter of the city shall be controlling in the event of an actual conflict with the provisions of this code of ethics. This ordinance shall be interpreted to supplement, and not replace, said provisions of state law and the charter. Sec. __1-3__DEFINITIONS Solely for the purpose of this code of ethics: (a) City official or official, unless otherwise expressly defined does not include city employees but does mean the mayor, members of the city council, municipal court judges (including substitute judges), city manager, city clerk, city attorney, and all other persons holding positions designated by the city charter, as amended. The term “city official” also includes all individuals, including city employees, appointed by the mayor and/or city council as appropriate to city authorities, commissions, committees, boards, task forces, or other bodies which can or may STATE OF GEORGIA COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANANCE 2014 -____-_____ vote or take formal action on behalf of the city. (b) Decision means any ordinance, resolution, contract, franchise, formal action or other matter voted on by the city council or other city board or commission, as well as the discussions or deliberations of the council, board, or commission which can or may lead to a vote or formal action by that body. (c) Employee means any person who is a full-time or part-time employee of the city. (d) Immediate family means the spouse, mother, father, grandparent, brother, sister, son or daughter of any city official related by blood, adoption or marriage. The relationship by marriage shall include in-laws. (e) Incidental interest means an interest in a person, entity or property which is not a substantial interest as defined herein and which has insignificant value. (f) Remote interest means an interest of a person or entity, including a city official, which would be affected in the same way as the general public. For example, the interest of an official in the property tax rate, general city fees, city utility charges or a comprehensive zoning ordinance or similar matters is deemed remote to the extent that the official would be affected in common with the general public. (g) Substantial interest means an interest, either directly or through a member of the immediate family, in another person or entity, where: (1) the interest is ownership of five percent or more of the voting stock, shares or equity of the entity or ownership of $5,000.00 or more of the equity or market value of the entity; or (2) the funds received by the person from the other person or entity during the previous 12 months either equal or exceed (a) $5,000.00 in salary, bonuses, commissions or professional fees, or $5,000.00 in payment for goods, products or services, or (b) ten percent of the recipient’s gross income during that period, whichever is less; STATE OF GEORGIA COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANANCE 2014 -____-_____ (3) the person serves as a corporate officer or member of the board of directors or other governing board of a for-profit entity other than a corporate entity owned or created by the city council; or (4) the person is a creditor, debtor, or guarantor of the other person or entity in an amount of $5,000.00 or more. Sec. _1-4_ PROHIBITIONS (a) No city official shall use such position to secure special privileges or exemptions for himself or herself or others, or to secure confidential information for any purpose other than official duties on behalf of the city. (b) No city official, in any matter before the council or other city body, relating to a person or entity in which the official has a substantial interest, shall fail to disclose for the record such interest prior to any discussion or vote or fail to recuse himself/herself from such discussion or vote as applicable. (c) No city official shall act as an agent or attorney for another in any matter before the city council or other city body. (d) No city official shall directly or indirectly receive, or agree to receive, any compensation, gift, reward, or gratuity in any matter or proceeding connected with, or related to, the duties of his office except as may be provided by law. (e) No city official shall enter into any contract with, or have any interest in, either directly or indirectly, the city except as authorized by state law. (i) This prohibition shall not be applicable to the professional activities of the city attorney in his or her work as an independent contractor and legal advisor on behalf of the city. (ii) This prohibition shall not be applicable to an otherwise valid employment contract between the city and a city official who is not elected (such as, by way of example, a city manager or consultant contract). (iii) Any official who has a proprietary interest in an agency doing business with the city shall make that interest known in writing to the city council and the city clerk. STATE OF GEORGIA COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANANCE 2014 -____-_____ (f) All public funds shall be used for the general welfare of the people and not for personal economic gain. (g) Public property shall be disposed of in accordance with state law. (h) No city official shall solicit or accept other employment to be performed, or compensation to be received, while still a city official if the employment or compensation could reasonably be expected to impair such official’s judgment or performance of city duties. (i) If a city official accepts or is soliciting a promise of future employment from any person or entity who has a substantial interest in a person, entity or property which would be affected by any decision upon which the official might reasonably be expected to act, investigate, advise, or make a recommendation, the official shall disclose the fact to the city council and shall recuse himself/herself and take no further action on matters regarding the potential future employer. (j) No city official shall use city facilities, personnel, equipment or supplies for private purposes, except to the extent such are lawfully available to the public. (k) No city official shall grant or make available to any person any consideration, treatment, advantage or favor beyond that which it is the general practice to grant or make available to the public at large. (l) A city official shall not directly or indirectly make use of, or permit others to make use of, official information not made available to the general public for the purpose of furthering a private interest. (m) A city official shall not use his or her position in any way to coerce, or give the appearance of coercing, another person to provide any financial benefit to such official or persons within the official’s immediate family, or those with whom the official has business or financial ties amounting to a substantial interest. (n) A city official shall not order any goods and services for the city without prior official authorization for such an expenditure. No city official shall attempt to obligate the city nor give the impression of obligating the city without proper prior authorization. (o) No city official shall draw travel funds or per diem from the city for attendance at STATE OF GEORGIA COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANANCE 2014 -____-_____ meetings, seminars, training or other educational events and fail to attend such events without promptly reimbursing the city therefore. (p) No city official shall attempt to unduly influence the outcome of a case before the Municipal Court of the City of Peachtree Corners nor shall any city official engage in ex parte communication with a municipal court judge of the City of Peachtree Corners on any matter pending before the Municipal Court of the City of Peachtree Corners. Sec. _1-5_CONFLICT OF INTEREST (a) A city official may not participate in a vote or decision on a matter affecting an immediate family member or any person, entity, or property in which the official has a substantial interest. (b) A city official who serves as a corporate officer or member of the board of directors of a nonprofit entity must disclose their interest in said entity to the Mayor and Council prior to participating in a vote or decision regarding funding of the entity by or through the city. (c) Where the interest of a city official in the subject matter of a vote or decision is remote or incidental, the city official may participate in the vote or decision and need not disclose the interest. Sec. __1-6_ COMPLAINTS (a) The Municipal Court of the City of Peachtree Corners shall hear and render decisions on all proper verified complaints filed under this ordinance. (b) All complaints against city officials shall be filed with the City Clerk who will give such complaints to the clerk of the Municipal Court of the City of Peachtree Corners. Upon receipt of a complaint in proper form, the City Clerk shall forward a copy of the complaint to the city official or officials charged in the complaint within no more than seven (7) calendar days and the Municipal Court clerk shall place the complaint on the next available court docket provided that it occurs at least fourteen (14) calendar days after the complaint has been received. (c) All complaints shall be submitted and signed under oath, shall be legibly drawn and shall clearly address matters within the scope of this ordinance. STATE OF GEORGIA COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANANCE 2014 -____-_____ (d) Upon receipt of a complaint in proper form, the Municipal Court shall review it to determine whether the complaint is unjustified, frivolous, patently unfounded or fails to state facts sufficient to invoke the disciplinary jurisdiction of the City Council. The Municipal Court is empowered to dismiss in writing complaints that it determines are unjustified, frivolous, patently unfounded or fail to state facts sufficient to invoke the disciplinary jurisdiction of the City Council; provided, however, that a rejection of such complaint by the Municipal Court shall not deprive the complaining party of any action such party might otherwise have at law or in equity against the city official. For complaints that are not dismissed, the Municipal Court is empowered to collect evidence, conduct investigations, hold hearings, and gather information concerning any complaint and add the findings and results of its investigations to the file containing such complaint. (e) Upon completion of its investigation of a complaint, the Municipal Court is empowered to dismiss in writing those complaints which it determines are unjustified, frivolous, patently unfounded or which fail to state facts sufficient to invoke the disciplinary jurisdiction of the City Council; provided, however, that a rejection of such complaint by the Municipal Court shall not deprive the complaining party of any action such party might otherwise have at law or in equity against the city official. (f) The Municipal Court is empowered to adopt forms for formal complaints, notices, and any other necessary or desirable documents within its jurisdiction where the city council has not prescribed such forms. (g) Findings of the Municipal Court shall be submitted to the City Council for final action. (h) To discourage the filing of ethics complaints solely for political purposes, complaints will not be accepted against a person seeking election as a city official, whether currently serving as a city official or not, from the date qualifying opens for the elected office at issue through the date the election results for that office are certified. The time for filing complaints will not run during this period. Properly filed complaints will be accepted and processed after the election results have been certified. STATE OF GEORGIA COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANANCE 2014 -____-_____ Sec. __1-7_ RIGHT TO APPEAL (a) Any city official or complainant adversely affected by the findings or recommendations of the City Council or Municipal Court may obtain judicial review of such decision as provided in this Section. (b) An action for judicial review may be commenced by filing an application for a writ of certiorari in the Superior Court of Gwinnett County within thirty (30) days after a final decision is made. The filing of such application shall act as supersedeas. Sec. __1-8_ PENALTY Any person violating any provision of this article is subject to: (a) Public reprimand or censure by the city council; or (b) Request for resignation by the city council. Section 2. The sections, subsections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any section, subsection, paragraph, sentence, clause or phrase shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining section, subsections, paragraphs, sentences, clauses and phrases of this ordinance. Section 3. All ordinances and parts of ordinances in conflict herewith are expressly repealed. SO ORDAINED AND EFFECTIVE, this ___ day of ________________, 2014. Attest: Approved: _____________________ _______________________________ Kym Chereck, City Clerk Mike Mason, Mayor  STATE OF GEORGIA COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANANCE 2014 -____-_____ (SEAL) Gwinnett County Ethics Board composition: 5 appointed members Doraville: Ethics Board composition: 3 appointed members Sec. 2-180. - Ethics Committee. (b) The Ethics Committee shall consist of three (3) residents of the city who shall serve as a body for a two- year term. Beginning on April 1, 2009, the terms of the member shall be three (3) years, however, the initial term of the member appointed by the City Council shall be for two (2) years and the initial term of the member selected by the other two (2) members shall be for one (1) year. Each member of the committee shall have been a resident of the City for at least one (1) year immediately preceding the date of taking office and shall remain a resident of the City while serving as a member of the committee. No person shall serve as a member of the Ethics Committee if the person has, or has had within the preceding one-year period before appointment to the Ethics Committee, any interest in any contract or transaction with the City. (c) At the beginning of each term, the Mayor shall appoint the first member to the Ethics Committee. The City Council shall appoint the second member who shall not reside in the election district in which the member appointed by the Mayor resides. The third member shall be appointed by the first two (2) above-named members subject to approval by a majority of the City Council and shall reside in the remaining election district. (d) A member of the Ethics Committee may be removed by a majority vote of the City Council at any time. In the event of a vacancy on the committee during a term of the committee, the City Council shall appoint a new member to serve for the balance of the term. Duluth: Ethics Board composition: 5 appointed members (a) Composition of the Board of Ethics: (1) The Board of Ethics of the City shall be composed of five (5) residents of the City to be appointed as provided in paragraphs 2 and 3 of this subsection. Each member of the Board of Ethics shall have been a resident of the City for at least one (1) year immediately preceding the date of taking office and shall remain a resident of the City while serving as a member of the Board of Ethics. No person shall serve as a member of the Board of Ethics if the person has, or has had within the preceding one (1) year period, any interest in any contract, transaction, or official action of the City. (2) The Mayor and Councilmembers shall each designated two (2) qualified citizens to provide a pool of twelve (12) individuals who have consented to serve as a member of such Board of Ethics and who will be available for a period of two (2) years to be called upon to serve in the event a Board of Ethics is appointed. Dunwoody: Ethics Board composition: 7 appointed members There is created a Board of Ethics consisting of seven members. Each member of the Board of Ethics shall have been a resident of the City for at least one (1) year immediately preceding the date of taking office and shall remain a resident of the City while serving as a member of the Board of Ethics. (b) Members of the Board shall not be elected officials, persons appointed to elective office, full-time appointed officials (whether exempt or nonexempt), or City employees, and shall hold no elected public office nor any other City office or employment. (c) Members of the Board shall be nominated by the Council Member in whose district they reside and the Mayor, at large subject to approval by the Mayor and City Council. . An appointment to fill a vacancy on the Board shall be made in the same manner. Sandy Springs: Ethics Board composition: 5 appointed members (and 2 alternates) Sec. 2-150. Creation; membership; terms; compensation. (1) Created; membership. There is created a board of ethics consisting of five members and two alternates. Each board member and alternate shall have been a resident of the city for at least one year immediately preceding the date of taking office and shall remain a resident of the city while serving as a board member or alternate. Brookhaven: Ethics Board composition: 1 hearing officer Appointment of Hearing Officer, Service of Complaint, Burden of Proof (a) All complaints filed hereunder shall be heard before a Hearing Officer who: (i) shall be a competent attorney at law of good standing in his or her profession, (ii) shall have at least five (5) years' experience in the practice of law, and (iii) shall not maintain an office within a ten (10) mile radius of the City of Brookhaven, Georgia. Suwannee: Ethics Board composition: 1 hearing officer Sec. 2-206. Hearing officer; qualifications, selection. The city manager, city clerk, and city attorney shall develop a pool of at least five hearing officers who shall: (1) Be a competent attorney at law in good standing with the State Bar of Georgia; (2) Shall have at least five years of experience in the practice of law; (3) Shall not maintain an office within a five-mile radius of the city hall; and (4) Shall have not represented the city or been adverse to the city in any litigation, claim, or administrative matter within the past five years. Upon receipt of a sufficient complaint, the city clerk shall randomly select a hearing officer out of the pool of hearing officers and transmit such complaint to that individual