HomeMy WebLinkAboutAgenda Packet - CC - 01/04/2021
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
Monday, January 4, 2021 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Rich Austin
1) CALL TO ORDER
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. 21-001)
5) PUBLIC COMMENT (General)
6) CONSENT AGENDA
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 4, 2021
Page 2 of 3
Persons needing special accommodations in order to participate in any City meeting should call
678.242.2500.
1. Approval of the December 7, 2020 City Council Meeting Minutes.
(Agenda Item No. 21-002)
(Sudie Gordon, City Clerk)
2. Approval of An Easement Limited Agreement between the City of Milton
And Georgia Transmission Corporation for Project MIL-008 Hopewell Road
At Hamby Road Intersection Improvements.
(Agenda Item No. 21-003)
(Robert Drewry, Public Works Director)
7) REPORTS AND PRESENTATIONS
1. Proclamation Celebrating the 100th Anniversary of Milton High School
(Mayor Joe Lockwood)
8) FIRST PRESENTATION
9) PUBLIC HEARING (None)
10) ZONING AGENDA (None)
11) UNFINISHED BUSINESS
1. Consideration of an Ordinance to Amend Article VIII of Chapter 2, Sec. 2-
858 – Solicitation or Acceptance of Gifts, of the Code of the City of Milton,
Georgia.
(Agenda Item No. 20-346)
(First Presentation at December 7, 2020 City Council Meeting) (Rich Austin, Police Chief)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 4, 2021
Page 3 of 3
Persons needing special accommodations in order to participate in any City meeting should call
678.242.2500.
12) NEW BUSINESS
1. Consideration of 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 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 Existing Emergency
Ordinance; and for Other Purposes.
(Agenda Item No. 21-004)
(Ken Jarrard, City Attorney)
13) MAYOR AND COUNCIL REPORTS
STAFF REPORTS
Department Updates
1. Public Works
2. Community Outreach
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 21-005)
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: December 29, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of An Easement Limited Agreement between the
City of Milton and Georgia Transmission Corporation for
Project MIL-008 Hopewell Road at Hamby Road Intersection
Improvements.
MEETING DATE: Monday, January 4, 2021 City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
X
X
January 4, 2021
X
X
To: Honorable Mayor and City Council Members
From: Robert W. Drewry, Public Works Director
Date: Submitted on December 16, 2020 for the January 4, 2021 Regular
City Council Meeting
Agenda Item: Approval of An Easement Limited Agreement between the City of
Milton and Georgia Transmission Corporation for Project MIL-008
Hopewell Road at Hamby Road Intersection Improvements.
_____________________________________________________________________________________
Department Recommendation: Approval.
Executive Summary:
The intersection improvement project at Hopewell Road and Hamby Road includes
construction activity within the Georgia Transmission Corporation utility easement.
This agreement allows the encroachment of the roadway project on the easement
where the utilities are located.
Funding and Fiscal Impact:
There are no proposed cost impacts to the existing Georgia Transmission Corporation
utilities within the easement.
Alternatives: None
Legal Review:
(Sarah VanVolkenburgh), Jarrard & Davis (12/15/2020)
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
Easement Limited Agreement
DocuSign Envelope lD: D8468651 -7494-4282-AE7D-54FAsAFDF7AB
STANDARD IJTILITY AOREEMENT
ËASËMËN't' LI M I'f ÐD AGI{EËMHN'I'
PROJECT No.: MIL-008, City ol'Milton
THIS AGREEMENT, made this , by and betr.veen
the CITY OF MILTON, a municipal cor:poration of the State of Georgia, acting by ancl through
its governing authority, the Milton City Council (hereinaiter rel'errecl to as the "City"), first party,
and GËORGIA I'RANSMISSION CORPORA1ION (an Ëlectric Membership Ccirporation),
hereina{ter called the COMPANY, second party.
WITNESStrTH:
WI-IL,REAS, the CI'|Y proposes uncler the above numbered pro.iect to replace the existing
intersection of I lopeweli Road at llarnby Road with a roundabout; and
WHIIREAS, the COMPANY has existing property interests locatecl uporl or over the
project on Harnby Road fronr station 500+5û.00 to station 501+18.00 LeÍï and on Ilopewell
Road fronr station 4A4+24.41 tci station 404+50.00 Right with property interests located upon a
right-of-way or easement with riglrts to i¡rstall, operation, ancl maintain utility facilities thereon;
and
WHEREAS, the location of said r:iglrt-oÈway or oasement is shown on the highway plans
at said station limits for this project, a copy of said plans in pertinent par:t being attached hereto
as Exhibit "4." The existirrg facilities presently corrtemplated are ncit in conflict with the
highway constn"¡ction; however. if they are later founcl to be in conflict, they rvill be relocatecJ or
acl.iusted, if necessary, to accomrnodate the proposed highway construclion; and
WHEREAS, rhe CITY and the COMPANY desire to enttlr into an agreenrent relative to
the encr<lachmerrt of the highway pnrject on the rights-of--way or easement upon which the
faci lities are locatecl.
NOW,'fl{EIìEFORb, in considelation o{'One and No/I00 Dollars ($l.OO; in hand paìcl
and other valuable consiclelations receivecl by the COMPANY and {urther in consideration of the
premises ancl the mutual covenants of the parties hcreinafler set fbrth, it is hereby agreed:
L It is specifically unclerstoocl that the project number shor,vn above is for the CITY'S
iclentification purposes only and may be subject to change by the CrlTY. ln the event it becomes
necessary {Ì¡r the Cl'l'Y to assign a dilferent project number. the CI'fY will noti{y' the
COMPANY of'the new pro.iect designation. Sr-rch change in project elesignation sirall not allèct
any of the tems of this Agreemelrt.
DocuSign Envelope lD: DE468651 -7494-4282-AE7 D-54FA5AFDF7AB
STANDARD UTII,ITY AGREHMENT
EASEMHNT I,IMITED ACREEMENT
2.'I'he COMPANY relinquishes ârìd grants to the Cl'fY all its existing property interests
at tlre locations shorvn on the attached highway plarrs aud grants to thc CITY the right to
construct. operate ancl maintain tlre above ref'erenced highr,vay Across the COMPANY'S right-of'-
way or easement uncler the terms and conditions as herein statecl.
3.'l'he Cfl'Y agrees to obtain allnecessary rights Iì'orn the o\,vners of the lands crossed by
the COMPANY'S rights-o{'-wây or eâsement located within the lirnits of the recluired right-o{'-
wa¡, acquired by the CITY.
4. The COMPANY agrees to relocate or acliust existing COMPANY facilities if later
founci in conflict with the highway construction project contemplated l"rerein. All costs incurred
by tiie COMPANY related to such relocation or acljustrnent of its existing facilities shall be
reimbursecl through â separate agreement by the CIT'Y in accorelatrce r,vith Iìederal and State
laws. COMPANY retains fill¡' adequate right of ingress and egress to COMPANY property
riglrts and facilities over the ploperty that is the sub.ject of the highrvay construction project
contemplated herein.
5. 'l*he COMPANY retains the right to operate and maintain existing fäcilities and to
install, operate, and maintain new täcilities as required, except that the luture installation,
operation, ancl mainterlance of the COMPANY'S fàcilities shall be in accord witlr tlre lJtility
Äcconnmodatiori Poiicy and Stanclards Manual, current eclition, issued by the CITY and Title 23
of the CìFR, Chapter l, Subchapter G, Palt 645, Subparts A ancl B. lt is agreec.l that the
COMPANY has the right now and in the futr"rre to instail, operate ancl maintain its facilities <¡ver
that portion of said highway within the reqLrirecl r'ìght-of:way.
ó, 't'he CIT'Y agrees to notily the COMPANY when the highway construction contract is
awarded allcl fìrrnish the name of the contractor who will perf'onn the higllvay work. The
COMPANY âgrees to plan r.vith the CITY'S Corrtractor a schedule of operations which will
clearly set forth at which stage of the Contractor's operations the COMPANY will relocate or
adjust its facilities, if necessary.
7 . 'Ihis Agreernent contains the entire agrcenrent of the ¡rarties hereto" and no
represcntatiou, inclucernents. promises, or agroelnent, oral or otherwise, between the parties not
embodiecl herein shall be of any force or effeot. An¡; amendment to this Agreement shall not tre
bincling upon the par:ties hereto unless such arnenclment is in u,riting and executed by both parties
hereto. 'fhe provision of'this Agreernent shall inure to the benefìt of'and be binding upon the
parties hereto ancl their legal representatives, successors, and assigns. This Agreenrent may be
executcd in multiple counterparts. each of'which shall constitute an original" but all ot'wl"rich
taken together shall constitute one and tlre same agreerrent. Tlris Agreeurent shall be construed
and interpreted ulrder the larvs of'the State of Georgia. Except as otherwise providecl herein, all
rights, powers, and privileges conferred irereunder upon the parties shall be cumulative but not
restrictive to those given by law.
2
DocuSign Envelope lD: D8468651 -7494-4282-AE7D-54FA5AFDF7AB
STANDARD UTII,ITY AGREEMENT
EASEMENT I,IMITED A CREEMENT
IN \TITNESS WIIERÐOF" the parties hereto have c¿rused this Agreernent to be
executecl in three counterpafls, each to be considerec{ as ail original by their authorized
representative the day ancl date hereinabove rvritten.
WTTNESS AS TO SECOND PARTY:
by:
B ûe x,**-
BY
SW
o
My
I attest
GBOI{GIA TRANSMISSION CORPORATION
(an Electric Membership Corporatiort)
by:
BY:
pRINT NAME: lohn Raese
c (SEAL)
TITLE: vP, Project servjces
IBF.t)
DAY
qþxlæa{
of the COMPANY Seal ancl I further attest that the above-named
Ofïcer is duly authorized to execute this document.
{ll
ATTEST:
* * * {< * * * * * * * * * r! * >k rk * :& * ìr rk rl * :|< rk rk d< ìk t< * * * ìk *by:
I,'titN sB-2231201 BY k*b.,, D. Al**¡
* * d< {{ I )F >t )h :F rF >F + {< * * * * >& * * {< * {< {< * X< * :F :F rF >F * >F >F *ST. SECRET
(oFrFtctAL sHAL)
{qusv
soalgÞ
ACCEPTET]:
CITY ÛF'MILTON
I]Y:
MAYOR
PRO.IECTNo.: MII--008
CIOIJNTY: Fulton
DATI]:
(OFIìICIAL SËAL Otr Ttü CI['Y)
i attesl that the seal imprinted herein is the Of{iciai Seal o1'the CI'I'Y.
RY:
CITY CLERK
(oFFrctAL cttjSTODTAN OF THE SDAL)
3
Exhibit "A"6103008^60-0004. dgn GMPLNProject No.7/I3/Z0Z0 6:Z6:3Z PM JDVIckeryGPL0T-V8gplotborder-V8l-PO. tblMIL-008*\\— DEI 0045 \ 402*21.50 \ 44. 00' LT .-'rnTHEODORE KNIGHT CAHILL DB 44924. PG 163 PARCEL 22/240 SEE SHEET 60-0006 -DEI 0065 403*49. 00 92.00' LT-STA. 403*49.78 OFFSET 76.53'■>;<}DEI 0060 402*97. 50 80.00' LTGPS CONSTRUCTION LA DB 48101, PG 627 PARCEL 22/70,..'" JERU DRN SUT ARgDEI 0075 404*85. 50 38.50' LTDEI 0070 404*02. 00 85.00' LTSTA. 402*99.55 OFFSET 56. 43'U-jLuCOSTA. 402*19.90 OFFSET 37. 52'DEI 0085 40*25. 00 40.50' LTD0050DEI 0083 405*25.23 78.06' LT5Suj41 1*42. 50 5( 00' LTSTA. 404*00.48 OFFSET 71. 46'ipLugooDEI 1055 401 >42. 50 40j 58' LT<9EXISTING GEORGIA TRANSUISSION CORPORATION UTILITY EASU'T — EASILY FOR THE CONST OF SLOPES AREA */ /«•'DEI 0090 405*25. 00 33.36' LT«-5INTERSECTION HOPEWELL RDI _________________ / STA. 403*54.96 =w/ hailby rd. [P ,_TIE TO EXISTING FENCE STA. 404*79.58 / , OFFSET 29. 40'/ip<•'DEI 0095 405*80.50 39.00' LI’ .-A«■IadEASILY FOR THE , CONST 0F\ SLOPESi AREA ’25EASILT FOR THE CONST OF SLOPES AREA '3 /CV'^§EASILT FOR THE CONST OF DRIVES/ DEI0082&<<1£-<o£><DEL*-CPWh*40/3*50. m Tf.OO' LTPEI00I5 404*00. 00 70.00' LT&DEI 0005 403*00. 00 55.00' LT1104rDEI 0001 '402*20. 00j67oo~UjtoDEI 0040^ -~i.402*2l. 50#/ir'------i.ig. 36' IT$Ad)EIOI85 406*50/00 27^38' RTaeDEI 0020 404*35. 50 50.00' LTWV,1a1^0C--iP&Y$toVDEI 0025 404*75. 00 30.38' LT/$:£ hS/<o8081"-fa’*00a£aDEm 31.40' LTA-F----6. 25**........F-!Iifkit^i1122DEIO^SS^ 403*15. Ou '54. 91' RT’n's,-f-"STA. 406*50.00 OFFSET 48. 00'-------\---F-''\8/0!toEASILY FOR THE CONST OF SLOPES AREA */\\DEIOUQ^ ^JlrY8. 83 50\l 6\ RTDEI0I7I X- 402*94. 00 55.00' RT\V'EASILT FORdd^THE CONST \ '''•OF SLOPES \ n AREA */ ' 'XN-\50\\-----DEI0I75501*05. 00 34.98' LTEXISTING GEORGIA TRANSUISSION CORPORATION UTILITY EASU'TXmDEI0I95 405*60. 00 50.00' RT—DE10180 ' 406*50. 00 45.00' RT\JOT\'Pl—*'XGJf WT ; i\ ^\\, vV.,v'\-IsLAPALNE JONES DB 50757. PG 470 PARCEL 22/224 SEE SHEET 60-0006Gjw'\toDEI 0200 501*18.00 33.96' LT;\KULD/P S RAKKAR DB 56209. PG 6L9 PARCEL 22/782 SEE SHEET 60-0006<2;EASUT FOR/ THE CONST/\TIE TO EXISTING FENCE STA. 404*41.41 OFFSET 72. 93'isL'XMDEI0I65 500*77.23 65.00' RTOF S^006*/60HO-'v'<DEI0I35 , . 501*50.07/ 27.953'RT\\00X V\viAii \ \'Gji/X'rXx\jST^-KATHLEEN BURNS IB 57749. PG 344 PB 151, PG 72 PARCEL 22/790 SEE SHEET 60-0006SCALE IN FEETi[faIs's'0204080s'\CITY OF UI ETON PUBLIC WORKS DEPARTUENTommismsomREVISIONSBEGIN LIUIT OF ACCESS.. . . . . . .BLAEND LIUIT OF ACCESS.. . . . . . .EXISTING LIUIT OF ACCESS REO'D LIUIT OF ACCESS EXISTING LIUIT OF ACCESS & R/W REO'D LIUIT OF ACCESS & R/W ORANGE BARRIER FENCE ESA - ENV. SENSITIVE AREAPROPERTY AND EXISTING RAN LINE REQUIRED R/W LINE CONSTRUCTION LIU ITS EASEMENT FOR CONSTR & MAINTENANCE OF SLOPES EASEMENT FOR CONSTR OF SLOPES EASEMENT FOR CONSTR OF DRIVESELAPARCEL I TEMP. ESN'T. AREA 'j t PARCEL 2 TEMP. ESUT'. AREA '/4/29/2019RIGHT OF WAY MAP------ooo------------C--------F—5/02/2019PARCEL I REO'D RON, TEMP. ESN’T., AND DRNG ESN'L■ooo-PROJECT NO: MIL-008 COUNTY: FULTON LAND LOT NO: 392,393 LAND DISTRICT: 2 GUD: N/ADATE: 04/18/19 SH 4 OF 7V///A1/24/2020PARCEL I TEMP. ESN’T. AREA '/----------tH--------K\\\NPARCEL I TEMP. ESN'T. AKA '27/13/2020DRAWING No.7/13/2020PARCEL I DRIVEWAY ESN'T.IXXXXI60-00047/3I/2Q/5GfWPLN
UTILITY PLANS
24-0002
REVISION DATES
DATE$$$
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TIME$$$$REF06$$REF07$$REF08$$REF09$$REF10$$REF11$$REF12$$REF13$$REF14$$REF15$GPLN10/23/2015
DRAWING No.CHECKED:
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VERIFIED:
DATE:
DATE:
DATE:
DATE:
20
SCALE IN FEET
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Project No.
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HOPEWELL ROAD AT HAMBY ROAD
ROUNDABOUTEASEMENT FOR CONSTR
EASEMENT FOR CONSTR OF SLOPES
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PROPERTY AND EXISTING R/W LINE PL
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LIMIT OF ACCESS
BEGIN LIMIT OF ACCESS............BLA
END LIMIT OF ACCESS..............ELA
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6103008_24-0002.dgn 12/18/2018 1:53:10 PM
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: December 29, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Proclamation Recognizing the 100th Anniversary of Milton High
School
MEETING DATE: Monday, January 4, 2021 City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
X
X
X
January 4, 2021
Celebrating the 100th Anniversary of Milton High School
WHEREAS, Milton High School has been a vital anchor in the North Fulton
community for a century, including serving as a second home to all
County public school students living north of the Chattahoochee
River (excluding Roswell) for its first 70 years; and
WHEREAS, it opened as Milton School in January 1922 serving grades 1 through
11, with two students becoming its first graduates later that year; and
WHEREAS, as the population surged in the late 20th and early 21st century, Milton
High School outgrew its Alpharetta campus and in 2005 moved to a
new campus on Birmingham Highway; and
WHEREAS, today, Milton High is widely saluted as a stellar educational institution
– ranked as Georgia’s ninth best high school by Niche with an A+
grade, and 21st statewide by U.S. News and World Report; and
WHEREAS, MHS is recognized as a College Board Advanced Placement Merit
School, Georgia School of Excellence and National Blue-
Ribbon School of Excellence; and
WHEREAS, Eagles – through the school’s fifteen athletic, art and academic
programs – have earned more than 40 state championships; and
WHEREAS, it boasts an award-winning theatre and fine arts curriculum and is
the only U.S. public high school with a “Cirque” program; and
WHEREAS, as individuals and in extracurricular groups, students are exemplary
community members having given countless hours of service; and
WHEREAS, 15,000-plus Milton High alumni have made exceptional contributions
in a vast array of industries and fields
NOW, THEREFORE, we, as Milton’s Mayor and City Council, hereby honor and celebrate
Milton High School’s Class of 2021 as this exemplary institution’s 100th graduating class.
We salute those seniors, other Eagles past and present, as well as tremendous educators
who have made Milton High School such a special place for decades.
Given under my hand and Seal of the City of Milton this 4th day of January 2021.
________________________________
Mayor Joe Lockwood
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: December 29, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Ordinance to Amend Article VIII of
Chapter 2, Sec. 2-858-Solicitation or acceptance of gifts, of
the Code of the City of Milton, Georgia
MEETING DATE: Monday, January 4, 2021 City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
X
X
X
X
January 4, 2021
To: Honorable Mayor and City Council Members
From: Rich Austin, Chief of Police
Date:
Agenda Item:
Submitted on December 14, 2020, for the January 4, 2021
Regular City Council Meeting
Consideration of an Ordinance to Amend Article VIII of Chapter 2,
Sec.2-858-Solicitation or acceptance of gifts, of the Code of the
City of Milton, Georgia
Department Recommendation:
Approval.
Executive Summary:
This is an update and revision to the ethics code regarding the occasional gift in excess
of $101.00. This revision specifically updates the ordinance regarding gifts to Public
Safety Employees. This ordinance section change will allow gifts so long as the
circumstances surrounding conveyance and receipt of the gift are consistent with
other sections of this ordinance and state law, that the gift is made by an
organization whose primary purpose is charitable in nature and the gift is intended
to provide assistance or relief to the identified employee. Also, any such gift will
require an advanced written approval from the affected employee’s department
head (Police Chief or Fire Chief) and the City Manager.
Funding and Fiscal Impact:
None
Alternatives:
N/A
Legal Review:
Ken Jarrard, Jarrard and Davis (October 28, 2020)
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
Ordinance Revision
Page 1 of 1
Page 1 of 3
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON
AN ORDINACE TO AMEND ARTICLE VIII OF CHAPTER 2, ETHICS CODE, OF
THE CODE OF THE CITY OF MILTON, GEORGIA
BE IT ORDAINED by the City Council for the City of Milton, Georgia as follows:
WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of
Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and regulations
for the protection and preservation of the public health, safety and welfare of its citizens; and
WHEREAS, Article VIII of Chapter 2 of the City of Milton Code of Ordinances regulates
the acceptance of gifts by city officials, officers, and employees in the City of Milton and imposes
various requirements and regulations acceptance or solicitation of gifts by such individuals; and
WHEREAS, the Mayor and Council have determined that it is in the best interest of the
City’s residents to amend the existing regulations;
NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY
ORDAINS, as follows:
SECTION 1. That Section 2-858 of the City of Milton Code of Ordinances is hereby
replaced in its entirety by the text attached hereto as Exhibit A.
SECTION 2. That all ordinances or part of ordinances that conflict with the terms of this
ordinance are hereby repealed; and
SECTION 3. This Ordinance shall become effective upon adoption by the Mayor and City
Council and the signature approval of the Mayor.
SO ORDAINED this the day of , 2021, the public’s health, safety,
and welfare demanding it.
Approved:
Joe Lockwood, Mayor
Attest:
Sudie Gordon, City Clerk
Page 2 of 3
EXHIBIT A
Sec. 2-858. - Solicitation or acceptance of gifts.
(a) City officials and employees shall not accept gifts, gratuities, or loans from organizations,
business concerns, or individuals with whom he or she has official relationships based upon
business of the city government or with whom the city official or employee has knowledge
that the organization, business concern, or individual is interested, directly or indirectly in
any manner whatsoever, in business dealings with the city. These limitations are not intended
to prohibit the acceptance of articles of negligible value which are distributed generally, nor
to prohibit employees from accepting social courtesies which promote good public relations,
or to prohibit employees from obtaining loans from regular lending institutions. It is
particularly important that inspectors, contracting officers, and enforcement officers guard
against relationships which might be construed as evidence of favoritism, coercion, unfair
advantage, or collusion.
(b) Consistent with the provisions set forth in divisions 2 and 3 and subsection (a) above, there
shall be no violation of this article in the following circumstances:
(1) Meals and beverages given in the usual course of entertaining associated with normal
and customary business or social functions.
(2) An occasional gift from a single source of $101.00 or less in any calendar year.
(3) Ceremonial gifts or awards.
(4) Gifts of advertising value only or promotional items generally distributed to public
officials.
(5) Awards presented in recognition of public service.
(6) Reasonable expenses of food, travel, lodging and scheduled entertainment for a
meeting that is given in return for participation in a panel or speaking engagement at
the meeting.
(7) Gifts from relatives or members of the city official or employee's household.
(8) Awards for professional achievement unrelated to city business.
(9) Monetary fees or honorariums from a single source of $101.00 or less for any speaking
engagement, participation in a seminar, discussion panel, or other activity which
directly relates to the official duties of the city official or employee.
(10) Courtesy tickets or free admission to educational seminars, educational or
information conventions, or other similar events.
(c) An exception to the dollar amount limited permitted for occasional gifts set forth in paragraph
(b)(2) above exists for public safety employees such that, so long as the circumstances
surrounding conveyance and receipt of the gift are consistent with subsection (a), above, this
subsection (c) (1 – 4), and subsection (d), below, employees of the Fire-Rescue Department
and/or the Police Department may accept gifts in amounts greater than $101.00 within a
calendar year, so long as:
Page 3 of 3
(1) The gift, grant, or donation is made by an organization whose primary purpose is
charitable in nature;
(2) The gift, grant, or donation is made to an employee of the Fire-Rescue Department or
the Police Department, and is a charitable donation intended to provide assistance or
relief to the identified employee;
(3) The Fire Chief (for gifts to employees of the Fire-Rescue Department) or Chief of
Police (for gifts to employees of the Police Department) provides advance written
approval of the gift, grant, or donation to the identified employee; and
(4) The City Manager provides advance written approval of the gift, grant, or donation to
the identified employee.
(d) Nothing in paragraph (c) above shall be construed as authorizing the acceptance of gifts,
grants, or donations that would constitute the offense of bribery in violation of state law
nor shall any gift, grant, or donation be allowed under circumstances where it may
reasonably appear that the purpose of the grant, gift, or donation is for other than a
charitable purpose.
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: December 29, 2020
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of 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 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 Existing
Emergency Ordinance; and for Other Purposes
MEETING DATE: Monday, January 4, 2021 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ___ APPROVED ___ NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ___ YES ___ NO
CITY ATTORNEY REVIEW REQUIRED: ___ YES ___ NO
APPROVAL BY CITY ATTORNEY ___ APPROVED ___ NOT APPROVED
PLACED ON AGENDA FOR: __________
January 4, 2021
X
X
X
X
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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 EXISTING
EMERGENCY 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 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, 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 has been repeatedly extended;
WHEREAS, the Governor’s declaration of statewide emergency is currently
set to expire on February 7, 2021; 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, the City of Milton’s Emergency Ordinance has been renewed
on several occasions, with the most recently adopted version of the Ordinance having
been extended through and including January 8, 2021;
WHEREAS, it is the intention of the City of Milton to readopt and reinstitute
the Emergency Ordinance effective January 8, 2021 and extending through February
7, 2021, coterminous with the Governor’s statewide declaration of emergency;
WHEREAS, the Mayor and City Council continue to find that a state of local
emergency exists in Milton, due to COVID19;
WHEREAS, pursuant to the powers conferred by the City of Milton’s various
Emergency Ordinances, as well as those powers conferred by Section 18-25 of the
Milton Code, the Mayor has issued various emergency declarations for the purpose
of mitigating the impact of COVID-19 on the citizens and businesses of Milton;
WHEREAS, the City Council has an interest in extending the declared state
of local emergency and further extending certain enumerated Mayoral declarations
to run coterminous with the period of declared local emergency; and,
WHEREAS, the City Council also has an interest in providing relief to those
businesses negatively affected by COVID-19.
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 Declaration of Emergency set forth in the March 20,
2020 Emergency Ordinance and the associated Proclamation of the Mayor declaring
a local emergency due to COVID-19, are hereby further renewed and extended from
January 8, 2021 until 11:59 p.m. on February 7, 2021;
SECTION 3. That Sections 4, 5 and 7 of the March 20, 2020 Emergency
Ordinance are renewed and extended;
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SECTION 4. That the following Mayoral Declarations are hereby extended
to run coterminous with the term of this Emergency Ordinance:
March 20, 2020 Declaration – allowing “to go” malt beverage and wine alcohol
sales for restaurants having a consumption on the premise license;
March 23, 2020 Declaration – allowing restaurants and retail to place certain
additional temporary signage;
SECTION 5. That the City of Milton’s Reopening Plan was approved on May
18, 2020 and continues in full force and effect.
SECTION 6. That during the term of this Emergency Ordinance City staff
are empowered to unilaterally modify those internal City Council rules with respect
to how the public may interact with the Council, to ensure that during the term of
this Emergency Ordinance, citizens are provided enhanced flexibility on engaging
with the Council. By way of example, only, this many mean that citizens may email
questions or comments to the Council and those be read into the record – even if the
citizen is not in physical attendance at the Council meeting.
SECTION 7. This New Emergency Ordinance shall become effective and
operational commencing January 8, 2021 and shall expire at 11:59 p.m. on February
7, 2021, and 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 January 2021 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