HomeMy WebLinkAboutAgenda Packet CC - 04/23/2020 - Special Called
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US
Persons needing special accommodations in order to participate in any City meeting should call
678.242.2500.
Joe Lockwood, Mayor
CITY COUNCIL
Peyton Jamison
Paul Moore
Laura Bentley
Carol Cookerly
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall
Thursday, April 23, 2020 Special Called Meeting Agenda 6:00 PM
On March 20, 2020, the Mayor and City Council approved an Emergency Ordinance
which declared and proclaimed a state of local emergency and, per Section 7 of said
Ordinance, provided that such declaration shall constitute the finding and declaration
of an emergency as contemplated by the Open Meetings Act, O.C.G.A. 50-14-1(g),
such that a teleconference meeting may be held. Based upon that Ordinance finding,
pertinent State law, and upon the Governor’s declaration of a statewide emergency,
this meeting of the City Council will be conducted virtually using Zoom Webinar. This
platform will allow for the public and media to observe the online, streaming meeting in
real time via a computer or telephone.
To Attend the Virtual City Council Meeting please click the link below to join the
webinar: https://zoom.us/j/97463475816
Or iPhone one-tap :
US: +13126266799,,97463475816# or +19292056099,97463475816#
Or Telephone:
Dial (for higher quality, dial a number based on your current location):
US: +1 312 626 6799 or +1 929 205 6099 or +1 253 215 8782 or +1 301 715 8592 or +1
346 248 7799 or +1 669 900 6833
Webinar ID: 974 6347 5816
1) CALL TO ORDER
MILTON CITY COUNCIL SPECIAL CALLED COUNCIL MEETING APRIL 23, 2020
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Persons needing special accommodations in order to participate in any City meeting should call
678.242.2500.
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood)
4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 20-111)
5) PUBLIC COMMENT
6) NEW BUSINESS
1. Council Consideration of Possible Amendment to the April 15, 2020 Emergency
Ordinance, Modifying those Limitations on the Conduct of the City Council as
they Pertain to Policy Making Functions and Ordinances.
(Agenda Item No. 20-112)
(Ken Jarrard, City Attorney)
7) ADJOURNMENT
(Agenda Item No. 20-113)
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STATE OF GEORGIA ORDINANCE NO. ________
COUNTY OF FULTON
AN AMENDED EMERGENCY ORDINANCE OF THE MAYOR AND
COUNCIL OF THE CITY OF MILTON, GEORGIA UNDER SECTION 3.18
OF THE CHARTER OF THE CITY OF MILTON, GEORGIA TO PROVIDE
FOR THE OPERATION OF THE CITY OF MILTON, GEORGIA DURING
THE PUBLIC EMERGENCY KNOWN AS THE NOVEL CORONAVIRUS
DISEASE 2019 GLOBAL PANDEMIC; TO BECOME EFFECTIVE UPON
ADOPTION BY THE COUNCIL; TO SUPERSEDE THE APRIL 15, 2020
ORDINANCE; AND FOR OTHER PURPOSES.
WHEREAS, the Mayor and Council of the City of Milton, Georgia are
charged with the protection of the public health, safety, and welfare of the citizens
of the City of Milton, Georgia; and
WHEREAS, Section 3.18 of the Charter of the City of Milton, Georgia
empowers the Mayor and City Council to adopt an emergency ordinance to meet a
public emergency affecting life, health, property, or public pea ce; and
WHEREAS, the novel coronavirus disease 2019 (“COVID -19”) global
pandemic is a public emergency affecting and threatening life, health, property, and
public peace; and
WHEREAS, on March 13, 2020, the President Donald Trump declared a
national emergency due to COVID-19; and
WHEREAS, on March 14, 2020, Governor Brian Kemp declared a statewide
emergency in Georgia, describing COVID-19, and the corresponding pandemic, as
a public health emergency; and
WHEREAS, the Governor’s declaration of statewide emergency was to
expire on April 13, 2020; and
WHEREAS, on March 16, 2020, the Mayor and City Council for the City of
Milton declared via Emergency Ordinance that an emergency exists in the City of
Milton based on COVID-19; and
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WHEREAS, on March 20, 2020, the Mayor and City Council for the City of
Milton declared via Emergency Ordinance that an emergency exists in the City of
Milton based on COVID-19 and delegated to the Mayor certain unilateral powers
(the “Emergency Ordinance” is attached hereto as Exhibit A); and,
WHEREAS, the March 20, 2020 Emergency Ordinance superseded the
March 16, 2020 Ordinance;
WHEREAS, the March 20, 2020 Emergency Ordinance also included,
constituted, and ratified a Proclamation of Emergency by the Mayor pursuant to
Section 18-25 of the Code for the City of Milton, vesting in the Mayor certain
emergency powers; and
WHEREAS, on April 2, 2020, Governor Brian Kemp issued a Shelter in
Place Order that was applicable to all persons in Georgia; and
WHEREAS, the Shelter In Place Order was effective through and including
April 13, 2020 and was intended to combat COVID-19; and
WHEREAS, on April 8, 2020, Governor Kemp extended the Shelter in Place
Order through April 30, 2020; and
WHEREAS, on April 8, 2020, Governor Kemp extended his declaration of
statewide emergency such that it would expire on May 13, 2020; and
WHEREAS, the City of Milton’s Emergency Ordinance, adopted March 20,
2020, is currently set to expire on April 19, 2020; and
WHEREAS, pursuant to Section 3.18 of the Charter of the City of Milton,
any Emergency Ordinance adopted pursuant thereto “shall automatically stand
repealed 30 days following the date upon which it was adopte d, but this shall not
prevent reenactment of the ordinance in the manner specified in this section if the
emergency continues to exist;” and
WHEREAS, the Mayor and City Council find that the emergency
necessitating the March 20, 2020 Emergency Ordinance still exists and that the
Emergency Ordinance is in need of extension; and
WHEREAS, on April 15, 2020, the Mayor and City Council did adopt a New
Emergency Ordinance to be effective from April 19, 2020 to May 19, 2020; and
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WHEREAS, the Mayor and City Council desire to modestly amend the April
15, 2020 Emergency Ordinance by authorizing the City Council to recommence
engagement in certain policy-making functions, to include the processing,
consideration, and approval of ordinances, and
WHEREAS, other than such change, the Mayor and Council desire to ratify
and approve the April 15, 2020 Emergency Ordinance in all other particulars.
NOW THEREFORE, THE MAYOR AND COUNCIL FOR THE CITY OF
MILTON HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That the WHEREAS and Preamble sections, above, are hereby
incorporated verbatim herein and the factual statements and findings are hereby
ratified and affirmed;
SECTION 2. That the March 20, 2020 Emergency Ordinance and associated
Proclamation of the Mayor shall be allowed to remain in place for their original term,
with same to expire at 11:59 p.m. on April 19, 2020, except as modified herein:
Section 6.1 - Public hearings, of the Emergency Ordinance is hereby stricken
in its entirety, and replaced with:
All land use matters requiring a public hearing, including but not limited to
zonings, special use permits, and variances , and regulatory permits (i.e.,
alcohol) are hereby stayed for a period of thirty (30) days from the date of this
Ordinance. At the conclusion of thirty (30) days or earlier termination of this
Ordinance, the scheduling of land use hearings shall resume in the ordinary
course, barring further extension of this Ordinance. Milton staff are directed to
work with applicants and those otherwise affected by this stay to ensure that
financial impact and /or disruptions to business function is kept to a minimum;
Section 6.4 - Milton City Council, of the Emergency Ordinance is hereby
stricken in its entirety, and replaced with:
The Milton City Council shall continue to operate and assemble at public
meetings, subject to the following;
(a) All policy-making functions of the Council (i.e., strategic plans,
ordinances, land use planning functions , visioning, development of city-wide
4
objectives and goals, and like activities), but not the preparation, consideration,
and approval of ordinances, shall be suspended for thirty (30) days, except for
policy-making and ordinance functions related to addressing COVID -19 and
related public health and safety issues;
(b) All zonings, plats, variances, and other land -use decision-making shall
be suspended for thirty (30) days;
(c) All non-essential business (i.e., proclamations, presentations, etc.) shall
be suspended for thirty (30) days;
(d) Contract, budgeting, ordinances, and fiscal operations shall continue in
the ordinary course;
(e) Citizens shall be strongly encouraged to observe City Council meetings
via online streaming, particularly in light of all planning, policy , and ordinance-
based functions being suspended;
(f) Citizens that choose to attend any open meeting of the Council shall be
requested to observe social distancing protocols while observing in the gallery.
SECTION 3. That this new Emergency Ordinance (“New Emergency
Ordinance”) shall become effective and operational immediately upon approval by the
Council and shall supersede the Emergency Ordinance adopted on April 15, 2020;
SECTION 4. That the substantive terms of this New Emergency Ordinance
shall be the same as those in the March 20, 2020 and April 15, 2020 Emergency
Ordinance(s), except as modified in Section 2, above, and except that this New
Emergency Ordinance shall expire at 11:59 on May 19, 2020.
SECTION 5. This New Emergency Ordinance may be reenacted, extended,
terminated, or amended upon affirmative action taken at a meeting of the City
Council called by the Mayor or two (2) councilmembers of the City Council.
SO ORDAINED this ___th day of April 2020 by the Mayor and Council of
the City of Milton, Georgia.
5
THE CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
Attest:
Sudie AM Gordon, City Clerk
Page 1 of 3
STATE OF GEORGIA ORDINANCE NO. 20-04-418
COUNTY OF FULTON
A NEW EMERGENCY ORDINANCE OF THE MAYOR AND COUNCIL OF
THE CITY OF MILTON, GEORGIA UNDER SECTION 3.18 OF THE
CHARTER OF THE CITY OF MILTON, GEORGIA TO PROVIDE FOR
THE OPERATION OF THE CITY OF MILTON, GEORGIA DURING THE
PUBLIC EMERGENCY KNOWN AS THE NOVEL CORONAVIRUS
DISEASE 2019 GLOBAL PANDEMIC; TO BECOME EFFECTIVE UPON
THE TERMINATION OF THE EXISTING EMERGENCY ORDINANCE;
TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Mayor and Council of the City of Milton, Georgia are
charged with the protection of the public health, safety, and welfare of the citizens
of the City of Milton, Georgia; and
WHEREAS, Section 3.18 of the Charter of the City of Milton, Georgia
empowers the Mayor and City Council to adopt an emergency ordinance to meet a
public emergency affecting life, health, property, or public peace; and
WHEREAS, the novel coronavirus disease 2019 (“COVID-19”) global
pandemic is a public emergency affecting and threatening life, health, property, and
public peace; and
WHEREAS, on March 13, 2020, the President Donald Trump declared a
national emergency due to COVID-19; and
WHEREAS, on March 14, 2020, Governor Brian Kemp declared a statewide
emergency in Georgia, describing COVID-19, and the corresponding pandemic, as
a public health emergency; and
WHEREAS, the Governor’s declaration of statewide emergency was to
expire on April 13, 2020; and
WHEREAS, on March 16, 2020, the Mayor and City Council for the City of
Milton declared via Emergency Ordinance that an emergency exists in the City of
Milton based on COVID-19; and
DocuSign Envelope ID: DE4AE131-4034-412D-9BDF-079CE0B0DEC0
Page 2 of 3
WHEREAS, on March 20, 2020, the Mayor and City Council for the City of
Milton declared via Emergency Ordinance that an emergency exists in the City of
Milton based on COVID-19 and delegated to the Mayor certain unilateral powers
(the “Emergency Ordinance” is attached hereto as Exhibit A); and,
WHEREAS, the March 20, 2020 Emergency Ordinance superseded the
March 16, 2020 Ordinance;
WHEREAS, the March 20, 2020 Emergency Ordinance also included,
constituted, and ratified a Proclamation of Emergency by the Mayor pursuant to
Section 18-25 of the Code for the City of Milton, vesting in the Mayor certain
emergency powers; and
WHEREAS, on April 2, 2020, Governor Brian Kemp issued a Shelter in
Place Order that was applicable to all persons in Georgia; and
WHEREAS, the Shelter In Place Order was effective through and including
April 13, 2020 and was intended to combat COVID-19; and
WHEREAS, on April 8, 2020, Governor Kemp extended the Shelter in Place
Order through April 30, 2020; and
WHEREAS, on April 8, 2020, Governor Kemp extended his declaration of
statewide emergency such that it would expire on May 13, 2020; and
WHEREAS, the City of Milton’s Emergency Ordinance, adopted March 20,
2020, is currently set to expire on April 19, 2020; and
WHEREAS, pursuant to Section 3.18 of the Charter of the City of Milton,
any Emergency Ordinance adopted pursuant thereto “shall automatically stand
repealed 30 days following the date upon which it was adopted, but this shall not
prevent reenactment of the ordina nce in the manner specified in this section if
the emergency continues to exist ;” and
WHEREAS, the Mayor and City Council find that the emergency
necessitating the March 20, 2020 Emergency Ordinance still exist s and that the
Emergency Ordinance is in need of extension .
NOW THEREFORE, THE MAYOR AND COUNCIL FOR THE CITY OF
MILTON HEREBY ORDAIN AS FOLLOWS:
DocuSign Envelope ID: DE4AE131-4034-412D-9BDF-079CE0B0DEC0
Page 3 of 3
SECTION 1. That the WHEREAS and Preamble sections, above, are
hereby incorporated verbatim herein and the factual statements and findings are
hereby ratified and affirmed;
SECTION 2. That the March 20, 2020 Emergency Ordinance and
associated Proclamation of the Mayor shall be allowed to remain in place for their
original term, with same to expire at midnight on April 19, 2020;
SECTION 3. That this new Emergency Ordinance (“New Emergency
Ordinance”) shall become effective and operational at 12:01 a.m. on April 20, 2020,
and shall have a term of thirty (30) days;
SECTION 4. That the substantive terms of the New Emergency Ordinance
shall be the same as those in the March 20, 2020 Emergency Ordinance, except that
the New Emergency Ordinance shall expire at midnight on May 20, 2020.
SECTION 5. This New Emergency Ordinance may be reenacted, extended,
terminated, or amended upon affirmative action taken at a meeting of the City
Council called by the Mayor or two (2) councilmembers of the City Council.
SO ORDAINED this 15th day of April 2020 by the Mayor and Council of
the City of Milton, Georgia.
THE CITY OF MILTON, GEORGIA
____________________________________
Joe Lockwood, Mayor
Attest:
______________________________
Sudie AM Gordon, City Clerk
DocuSign Envelope ID: DE4AE131-4034-412D-9BDF-079CE0B0DEC0
' STATE OF GEORGIA ORDINANCE NO. 20-03-417
COUNTY OF FULTON
1
AN AMENDED AND UPDATED EMERGENCY ORDINANCE OF THE
MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA UNDER
SECTION 3.18 OF THE CHARTER OF THE CITY OF MILTON, GEORGIA
TO PROVIDE FOR THE OPERATION OF THE CITY OF MILTON,
GEORGIA DURING THE PUBLIC EMERGENCY OF THE NOVEL
CORONAVIRUS DISEASE 2019 GLOBAL PANDEMIC; TO PROVIDE FOR
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Mayor and Council of the City of Milton, Georgia are
charged with the protection of the public health, safety, and welfare of the citizens
of the City of Milton, Georgia; and
WHEREAS, Section 3.18 of the Charter of the City of Milton, Georgia
empowers the Mayor and City Council to adopt an emergency ordinance to meet a
public emergency affecting life, health, property, or public peace; and
WHEREAS, the novel coronavirus disease 2019 ("COVID-19") global
pandemic is a public emergency affecting and threatening life, health, property, and
public peace; and
WHEREAS, on March 13, 2020, the President Donald Trump declared a
national emergency due to COVID-19; and
WHEREAS, on March 14, 2020, Governor Brian Kemp declared a statewide
emergency in Georgia, describing COVID-19, and the corresponding pandemic, as
a public health emergency; and
WHEREAS, on March 16, 2020, the Mayor and City Council for the City of
Milton declared via emergency Ordinance that an emergency exists in the City of
Milton based on COVID-19.
Page 1 of 6
NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON hereby
ordains and adopts the following emergency ordinance:
SECTION 1. The Mayor and City Council of the City of Milton, Georgia
("City Council") hereby renew their prior declaration, and now proclaim, that an
emergency affecting life, health, property, and public peace exists within the City of
Milton, Georgia ("City") due to the novel coronavirus disease 2019 ("COVID-19")
global pandemic;
SECTION 2. It is the intention of the Mayor and the City Council that the
Declaration of Emergency set forth in Section 1 is intended to, and shall, serve as
the `Proclamation of the Mayor' anticipated in Section 18-25 of the Code for the
City of Milton ("Milton Code"), and that same shall hereby grant to the Mayor the
following unilateral powers:
(1) To enforce all rules, laws and regulations relating to emergency
management and to assume direct operational control over all emergency
management resources;
(2) To sell, lend, give or distribute all or any City property or supplies among
the inhabitants of the city; to maintain a strict accounting of City property
or supplies distributed and for funds received for the City property or
supplies;
(3)To declare a limited or general curfew as may be needed to restore public
order;
(4) To order the closing of any business;
(5)To close to public access any public building, street or other public place;
(6) To prohibit or regulate the possession, sale or use of explosives, gasoline
or other flammable liquids, or dangerous weapons of any kind, excluding
firearms or components of firearms; and
(7)To perform and exercise any other functions and duties and take any
emergency actions as may be necessary to promote and secure the safety,
protection and well-being of the inhabitants of the city.
Page 2 of 6
SECTION 3. It is the intention of the City Council that the unilateral
powers granted to the Mayor in Section 2 shall run coterminous with the duration of
this Emergency Ordinance, and any extensions hereto;
SECTION 4. In addition to the powers conferred to the Mayor under
Section 18-25 of the Milton Code, the Mayor is hereby conferred the following
additional unilateral powers that will run coterminous with this Emergency
Ordinance, and any extensions hereto:
(1) To suspend any ordinance, resolution, order, rule, or regulation
prescribing the procedures for conduct of city business, or the orders, rules
or regulations of any city department, if strict compliance with any
ordinance, resolution, order, rule, or regulation would in an way prevent,
hinder, or delay necessary action in coping with the emergency or disaster;
(2) Any suspension as set forth in Section 4(1) shall only be for the duration
of this Emergency Order, and any extensions thereto, and may be
terminated by the Mayor or by formal vote of the City Council;
(3)Any suspension as set forth in Section 4(1) shall be in written format,
issued by the Mayor, and served on the City Council, the City Manager,
pertinent City staff, the City attorney, and filed with the City Clerk. A
brief description of the necessity of the suspension shall be provided.
SECTION 5. Any power exercised by the mayor under this Ordinance shall
be immediately communicated to the city council, the city manager, the city attorney
and the citizens.
SECTION 6. The following provisions shall govern the operation of the
City during the COVID-19 pandemic:
6.1 Public hearings — All matters requiring a public hearing,
including but not limited to zonings, special use permits, variances, and regulatory
permits (i.e., alcohol) are hereby stayed for a period of thirty (30) days from the date
of this Ordinance. At the conclusion of thirty (30) days or earlier termination of this
Ordinance, the scheduling of hearings shall resume in the ordinary course, barring
further extension of this Ordinance. Milton staff are directed to work with applicants
and those otherwise affected by this stay to ensure that financial impact and/or
disruptions to business function is kept to a minimum;
Page 3 of 6
6.2 Existing regulatory permits — If there are in effect existing
regulatory permits that require a public hearing prior to renewal or extension, and
that will lapse in the absence of such renewal or extension, then such permits shall
be extended and remain in full force and effect until such time as public hearings are
resumed;
6.3 Milton zoning and administrative agencies — The business
of Milton zoning and administrative entities, such as the Milton Planning
Commission, Milton Board of Zoning Appeals, Milton Design Review Board, and
all other such entities are hereby suspended for a period of thirty (30) days from the
date of this Ordinance. At the conclusion of thirty (30) days or earlier termination of
this Ordinance, all such entities shall continue business operations in the ordinary
course, barring further extension of this Ordinance.
6.4 Milton City Council — The Milton City Council shall
continue to operate and assemble at public meetings, subject to the following;
(a) All policy-making functions of the Council (i.e., strategic plans,
ordinances, land use planning functions, visioning, development
of city-wide objectives and goals, and like activities) shall be
suspended for thirty (30) days, except for policy-making and
ordinance functions related to addressing COVID-19 and related
public health and safety issues;
(b) All zonings, plats, variances, and other land -use decision-making
shall be suspended for thirty (30) days;
(c) All non-essential business (i.e., proclamations, presentations,
etc.) shall be suspended for thirty (30) days;
(d) Contract, budgeting, and fiscal operations shall continue in the
ordinary course;
(e) Citizens shall be strongly encouraged to observe City Council
meetings via online streaming, particularly in light of all
planning, policy, and ordinance -based functions being
suspended;
1- •
1
(f) Citizens that choose to attend any open meeting of the Council
shall be requested to observe social distancing protocols while
observing in the gallery.
6.5 On or before the thirtieth (30th) day after the date this
Ordinance, or any re -enaction hereof, is adopted, the City Council shall convene on
the call of the mayor or two (2) councilmembers to reenact or repeal this Ordinance;
SECTION 7. This Emergency Ordinance shall constitute the finding and
declaration of an emergency as contemplated by the Open Meetings Act, O.C.G.A.
50-14-1(g), such that a teleconference meeting may be held.
SECTION 8. All ordinances or parts of ordinances in conflict with this
Ordinance are hereby repealed to the extent of such conflict. In addition, the
Emergency Ordinance enacted on March 16, 2020 is hereby superseded in its
entirety by this Emergency Ordinance;
SECTION 9. If any section, subsection, provisions, or clause of any part of
this Ordinance shall be declared invalid or unconstitutional, or, if the provisions of
any part of this Ordinance as applied to a particular situation or set of circumstances
shall be declared invalid or unconstitutional, such invalidity shall not be construed
to affect the portions of this Ordinance not so held to be invalid. It is hereby declared
as the intent of the City Council that this Ordinance would have been adopted in its
current form without the invalid or unconstitutional provision contained herein;
SECTION 10. This Ordinance shall become effective immediately upon
adoption;
SECTION 11. This Ordinance, pursuant to Section 3.18 of the Charter of the
City of Milton, Georgia, shall automatically stand repealed thirty (30) days after the
date upon which it is adopted; and
SECTION 12. This Ordinance may be reenacted for one or more additional
periods of thirty (30) days (or repealed) upon a meeting of the City Council called
by the Mayor or two (2) councilmembers of the City Council.
Page 5 of 6
SO ORDAINED this 20th day of March 2020 by the Mayor and Council of the City
of Milton, Georgia.
Attest:
Sudie AM Gordo , City Clerk
1
THE CITY OF MILTON, GEORGIA
/11'��
Joe L ck o ayor
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