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HomeMy WebLinkAboutMinutes - CC - 02/01/2021Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 1 of 24 CALL TO ORDER Mayor Lockwood: I'd like to call the regular meeting of the Milton City Council for Monday, February 1, 2021 to order. The City strongly recommends that you review tonight's agenda carefully, and if you wish to speak on any item on the agenda, will you please bring your comment card to the clerk as soon as possible. While the Milton rules allow a speaker to turn in their comment card up until the clerk calls the agenda item, once the agenda item is called, no more comment cards will be accepted. Will the City Clerk please call roll and make general announcements? City Clerk: Good evening, Mayor and Council and the special guests. I'll be happy to call roll for the February 1, 2021 regular meeting. I would like to remind those in attendance to please silence all cell phones at this time. Those attending the meeting who would like to make a public comment, you are required to complete a public comment card prior to speaking on the item. Your comment card must be presented to the City Clerk prior to the agenda item being called. All speakers please identify yourself by name, address, and organization before beginning your comment. If you are representing an organization, an affidavit is required stating you have the authority to speak on behalf of that organization. Please review tonight's agenda and if you would like to make a comment, please bring your comment card to me now. Demonstration of any sort within the chamber is prohibited. Please refrain from any applause, cheering, booing, outburst, or dialogue with any person speaking. Anyone in violation will be asked to leave. As I call roll this evening, please confirm your attendance. Councilmember Paul Moore? Mr. Moore: Here. City Clerk: Councilmember Peyton Jamison? Mr. Jamison: Here. City Clerk: Councilmember Laura Bentley? Ms. Bentley: Here. City Clerk: Mayor Joe Lockwood? Mayor Lockwood: Here. Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 2 of 24 City Clerk: Councilmember Carol Cookerly? Ms. Cookerly: Here. City Clerk: And Councilmember Rick Mohrig? Mr. Mohrig: Here. City Clerk: And for the record, Councilmember Joe Longoria is absent. Will you please rise for the Pledge of Allegiance? Councilmembers Present: Mayor Joe Lockwood, Councilmember Paul Moore, Councilmember Peyton Jamison, Councilmember Laura Bentley, Councilmember Carol Cookerly, and Councilmember Rick Mohrig. Councilmember Absent: Councilmember Joe Longoria. PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) Several: 1 pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Mayor Lockwood: Thank you all. I want to thank those of you that are here tonight. We've got some special guests here. We've got folks that are here for our friend, Tim. This is a celebration also for Sudie, and a proclamation for Sudie, and then, also for Tammy tonight. So, I appreciate everybody that's here for that, and we will move onto the approval of the meeting agenda. APPROVAL OF AGENDA City Clerk: That item is approval of the meeting agenda, Agenda Item No. 21- 017. Mayor Lockwood: Okay. Do I have a — Is there anything staff or council would like to adjust on the agenda? If not, I'll open up for a motion. Ms. Cookerly: Mr. Mayor, I'll make a motion that we approve Agenda Item 21- 017. Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 3 of 24 Mr. Mohrig: Second. Mayor Lockwood: I have a motion for approval from Councilmember Cookerly with a second from Councilmember Mohrig. All in favor, please say aye. Councilmembers: Aye. Motion and Vote: Councilmember Cookerly moved to approve Agenda Item 21-017. Councilmember Mohrig seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. PUBLIC COMMENT Mayor Lockwood: Any opposed? That's unanimous. Do we have any public comment, Tammy? City Clerk: I do not have any in person. I don't think there's any online as well. CONSENT AGENDA Mayor Lockwood: Okay. If we can move on to the consent agenda. Tammy, if you'll please sound those items. City Clerk: That first item is approval of a change order No. 10 to the agreement between the City of Milton and New South Construction Company LLC to provide dehumidification, gas reheat upgrades at the police building. Agenda Item No. 21-018. Our second item is approval of a purchase agreement, equipment and software maintenance agreement for a postage machine between the City of Milton and Pitney Bowes, Inc. Agenda Item No. 21-019. Our final consent agenda is approval of a subdivision plat. It is the Town Center East development at 850 Mayfield Road, Land Lot 1134, District 2, Section 2. It's a combination plat. It combines two tracts into one parcel with one mixed use building. The total acres are 2.531 and it has no density that I have to report. Agenda Item 21-020. 1 Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 4 of 24 Mayor Lockwood: Okay. Do we have a motion on this item? Ms. Bentley: Mayor, I would like to make a motion to approve the consent agenda as read. Ms. Cookerly: Second. Mayor Lockwood: Okay. I have a motion by Councilmember Bentley, a second from Councilmember Cookerly for approval. All in favor, please say aye. Councilmembers: Aye. Mayor Lockwood: That's unanimous. Okay. I'm going to move on to our reports and presentations. Go ahead, Tammy. Motion and Vote: Councilmember Bentley moved to approve the Consent Agenda. Councilmember Cookerly seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. REPORTS AND PRESENTATIONS City Clerk: Our first presentation is Proclamation recognizing Tim Lester for his outstanding character and contribution to our community in and around Milton, Georgia. Agenda Item No. 21-021, Mayor Joe Lockwood. Mayor Lockwood: Before I read this presentation, I just want to say what a huge loss that our community suffered with the passing of Tim Lester. I've known Tim for many years, as a lot of you do, and just what a special guy. A man of faith. You just knew from being around him and seeing what he did with, not only kids and adults, he was just a — Had that personality that just lifted everybody, and you could tell that he really cared and was passionate about his coaching and his teaching, and he really helped a lot of people. Tonight, I know TJ his son is here. Thank you for being here and some of Tim's friends. And when I get through reading this, I'll ask you guys to step upfront here and I'll present this proclamation. I also had told Tim's wife, Natalie, that we would certainly in due time, the City would like to do something special for Tim Lester at the appropriate time and honor him. Also, I want you to know TJ and Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 5 of 24 Tim's friends and Natalie and your brother, your family, that the entire City of Milton, including myself and Council and our staff and our citizens, are here for you guys and we're thinking about you and praying for you, and anything we can do in the future, please make sure your mom knows to feel free to reach out, that we'd love to help you guys. The proclamation recognizing Tim Lester's character and contribution to Milton. Whereas, the late Tim Lester was a stalwart leader, inspired humanitarian, and beloved coach in his adopted hometown of Milton. And whereas, Lester grew up in Miami in the middle of seven children, earning a football scholarship to Eastern Kentucky University. And whereas, the Los Angeles Rams selected Lester in the 1992 NFL draft's 10h round kickstarting an eight-year professional career as a fullback and special-teams standout in LA, Pittsburgh and Dallas. And whereas, Lester earned the nickname "The Bus Driver" for paving the way for Steelers' Hall of Fame Tailback Jerome "The Bus" Bettis. And whereas, he also established himself as a pillar in the community being named as an NFL unsung hero in 1997 and 1998 for his service. And whereas, upon retirement, Lester continued to help others including going into the ministry, feeding the needy on Thanksgiving, providing toys for hundreds, and founding the Pigskin Academy to mentor, tutor, train, and prepare at -risk athletes for success. And whereas, the Lesters thankfully settled in Milton and soon became beloved, respected and impressive contributors to our community. And whereas, Lester helped launch and coached in a football program for Milton youth prioritizing making it affordable for families. Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 6 of 24 And whereas, more than anything they did on the field, Tim stressed and did everything in his power to help young athletes become better, more well rounded and more caring people. And whereas, Lester was an open, accessible, sought-after coach, speaker, and leader elsewhere in North Fulton, including at Milton High, Cambridge High, Kings Ridge, and Fellowship Christian. And whereas, Lester suddenly and tragically passed away last month spurring an outpouring of admiring, appreciative reflections from those who loved Tim as a coach, mentor, friend, and man. And now therefore, we the Mayor and City Council, of the City of Milton, express our appreciation and admiration for his rich legacy, including his outstanding character and contributions to our community in and around Milton. And this is given under our hand and the seal of the City of Milton, Georgia, on this first day of February 2021. And if I could ask TJ and Allen, and your family, and anybody else here that's — I say anybody who is friends of Tim. Everybody is, but anybody that's here representing Tim or his family or friends, please step up, and we'll present this proclamation. [Inaudible] [00:11:38] Thank you, guys. We'll keep in touch too. All right. Thanks so much for being here. Ms. Cookerly: Thank you, young man. Mayor Lockwood: You had a wonderful dad. What a great honor, and it's a sad thing for us to have to do that proclamation, but what an honor it is too. I've had Tim Lester and his family — We still have his family in our community. He was a wonderful man. So, if our City Clerk will please sound the next item. City Clerk: That next item is proclamation recognizing Sudie Gordon for her years of service to the City of Milton. Agenda Item No. 21-022, Mayor Joe Lockwood. Mayor Lockwood: Now I have a proclamation that I want to present in recognition of Sudie Gordon for her years of service to the City of Milton. George, her husband, is here representing Sudie, and hopefully Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 7 of 24 Sudie may be watching us online, but I just have to say personally we owe a debt of gratitude to Sudie. Been here for almost as long as I can remember, about 11 years. She always had a big impact on the City of Milton and has done a lot for the City. As Mayor and Council and the rest of her staff, along with our citizens, appreciate all the hard work and everything she has done. So, we hope to keep in touch in the future and wish her well moving forward in retirement. The proclamation I have is in recognition of Sudie Gordon for her years of service to the City of Milton, Georgia. Whereas, we are happy today to express our appreciation. In comparable, Sudie A.M. Gordon, who has always been helpful, always been knowledgeable, and always looked out for the best interests of her citizens, staff, and elected officials during her distinguished 11 -year career with the City of Milton. And whereas, Sudie began with Milton as a Deputy City Clerk on November 30, 2009, and was appointed as Milton City Clerk on January 6, 2010. And whereas, she managed five municipal elections, served as a staff liaison to the Milton Disability Advisory Committee, and provided enthusiastic, knowledgeable support to the Mayor and Councilmembers And whereas, Sudie attended over 400 city council meetings while collecting, organizing, and composing just as many agendas, packets and merits. Wow. And whereas, she worked diligently to make City information accessible to the public by posting important documents, records, and other information on the City's website and publications on social media. And whereas, Sudie has consistently demonstrated a generous spirit, tireless work ethic, and an exemplary attitude that has made a tremendous worker and ambassador for the City. And whereas, on behalf of the entire City Council, I want to express my sincere appreciation to Sudie for her loyalty to the City of Milton and wish her much deserved relaxation and joy as she retires to begin an exciting new chapter. F, Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 8 of 24 Now therefore, we as the Milton's Mayor and City Council, hereby proclaim Monday, February 1, 2021 as Sudie A.M. Gordon Day in the City of Milton and urge all our citizens and employees to join me and the City Council in congratulating Sudie on an outstanding career with the City of Milton and expressing our sincere appreciation to her for her unwavering dedication and service. She will be forever missed and forever loved. This is proclaimed and given under my hand and seal of the City of Milton, this first day of February 2021 and maybe we can just give a hand to Sudie for everything she has done for us. I ask George to step up. George Gordon, Sudie's husband, and I think you may have a few words, and then I will present the proclamation to you. Mr. Gordon. Well, Mr. Mayor, you're aware that for 11 years I was a primary media spokesperson for 8 million people in Atlanta for Alpharetta's Department of Public Safety. My speech tonight, I've only written something for one hour. So, we're good to go. But it was a surreal day while I was in my office in Alpharetta and my wife called up and she had tears, and she's cried over the few days because truly this is the best job she's ever had in her life. And I just wanted to write a few words and speak just a short, few sentences about what she really wanted me to say tonight. My wife has the gift of finding great places to work. In her lifetime, she's worked at the Pentagon for the Department of Justice, on a federal judge's staff at the 11th Circuit Court of Appeals. And afterwards in the corporate world for Energizer. But the greatest job of her lifetime, and I pat myself on the back for this because I recommended this new start up City of Milton for her to go apply to, is the City of Milton. Energizer had moved its southeast offices in Alpharetta to its worldwide headquarters in St. Louis. I did not want to move there because of two words, cold and snow. So, I told my wife about this new wonderful city named Milton, and I told her to consider applying for a Deputy Clerk position. She was hired, and soon thereafter was named City Clerk. The rest is history. My wife will tell you working at the City of Milton has been the best job she has ever had. Milton has an exceptional Mayor, outstanding past and present City Councilmembers, a personal friend and a brilliant City Manager, Assistant City Manager, highly competent directors, public safety leaders, and Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 9 of 24 most importantly, is comprised of those Milton employees who come to work each and every day to provide the very best services to its community. And in closing, my wife offers a heartfelt thank you to Milton's community. You are the heart and soul of a wonderful community, and the many people she met over the years made it all worthwhile. Thank you. Ms. Cookerly: Thank you. City Clerk: Mayor, Sudie would like to say a few words via Zoom. Mayor Lockwood: All right. City Clerk: Sudie, do you want to go ahead. Ms. Gordon: Yeah, can you all hear me okay? City Clerk: Yes, we can. Ms. Gordon: Yay. I'm going to say this one last time. Good evening, Mayor and Council. I would like to take a moment to share with you all my sincere gratitude for my time spent working here at the City of Milton. I have been with you all for over 11 years. Some of you are newer than some of us old timers, and yet we are still going strong. I have been so blessed and am so thankful for working with such a forward -thinking and highly respected team of elected officials and kind workers. I want to thank you from the bottom of my heart for believing in me all these years. A quote I once heard. I've learned that people will forget what you said. People will forget what you did, but people will never forget how much we made them feel. Thank you for all of the feelings of friendship, trust, family, and memories that will stay in my heart. Thank you. Mayor Lockwood: I just, again, want to thank you, Sudie. You made a big mark on the City of Milton and you left the City in a better place than when you came here. We've enjoyed working with you, and just so you know, you not only got the Council obviously here in support of you, but Councilmember Matt Kenson [inaudible] [00:21:23] in the audience too, and Karen Duermit. I'm sorry that about the mask, but I just want to let you know you've got everybody here in support of you. Ms. Gordon: Thank you so much. Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 10 of 24 Mayor Lockwood: All right. Now I'm go to — George if you'll come up, I'll present these proclamations, and I would ask the prior Councilmembers, if they'd like to come up here too, and we'll get everybody who worked with Sudie. You'll be missed, Sudie. Ms. Gordon: Thank you. I already miss you guys. City Clerk: I'll give it to him. Mayor Lockwood: Sudie, if you've been to 400 council meetings, you can always come visit. There will be plenty more. Ms. Gordon: I can make public comment. Mayor Lockwood: Exactly. Thanks again. And if you ever need anything, please let us know. Ms. Gordon: Thank you. Mayor Lockwood: All right. If our City Clerk will please sound the final report and presentation items. City Clerk: That final item is discussion of the potential continuation of the transportation special purpose local option sales tax known was TSPLOST for the years 2022 to 2027. Agenda Item No. 21-023, Mr. Steve Krokoff. Mr. Krokoff: Thank you Mayor and Council. That's going to be a hard act to follow. A little bit more of a mundane subject matter. So, in preparation for the potential continuation of TSPLOST, Fulton County has begun their exploration to gauge the interests of their elected officials across the county. The current TSPLOST is scheduled to end in April of 2022, and what the current charge is for the various elected bodies around the county at this point is to determine what the interest is and where the interest may lie regarding the continuation into a TSPLOST, it's been called. What was presented to the cities from the county were three options going forward for you to choose from. From what I understand, a fourth or any alternative options would require additional legislation outside the three options presented. For the three options which have been commonly referred to as 3A, 313, and 3C are as follows. 3A would be a continuation of the TSPLOST rate at .75 percent commonly know as three-quarters of Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 11 of 24 a penny with the full percentage, that full amount, going towards the municipalities and nothing going towards transit. The anticipated net proceeds to the cities are anticipated to be approximately $500 million broken out by percentage population. 3B is also a .075 percent three-quarters of a penny, but another .25 percent or a quarter of a penny going to transit. That would give the anticipated proceeds to the cities in the amount of — I'm sorry. That is not another 25 percent. That is .25 of the .75. Let me correct what I stated. That would reduce the anticipated net proceeds to the cities to approximately $300 million. And the final would be a rate of 1 percent or one full penny with .25 or a quarter of a penny going to transit with the anticipated net proceeds going back to the city back to $500 million. What your charge is tonight is to have a discussion to determine where you believe your interests are. I believe that the Mayor is participating in a meeting conference call with the Fulton County elected officials on the 5, and at that time Fulton County is going to be seeking, I believe informally, where you all may be leaning. Ultimately the county will likely move forward with a referendum for November of '21 should they get an interest by 60 percent by elected officials representing 60 percent of the population in Fulton County net the population of Atlanta. [Crosstalk] Mayor Lockwood: To Steve's point. It's 60 percent without Atlanta. The discussions have been and I think our staff has also recommended that the 3A with .75 cents going to our transportation project makes the most sense for the City of Milton. The rest of our north Fulton cities, or the majority of our North Fulton cities, have tended to agree with that in discussions with their council. Some of the other cities may be presenting 3C or supporting 3C. The only drawback with 3C is when this comes before a vote for our citizens that makes it a higher tax percentage with the full 1 percent which may affect the ability to get this passed and whatnot. So, obviously for, it makes in my opinion and in discussion with staff with the City of Milton, 3A makes the most sense because that money will be collected on a tax basis, so it's not just from our citizens, but it's everybody that uses Fulton County services in the county and will be spread proportionately. As Steve said, don't believe we're not looking for a formal vote, but want to just have this discussion and the P, we need to just informally, I need to let the county know which direction we're leaning towards. So, I'll kind of open it up for Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 12 of 24 discussion there if anybody has. Mr. Mohrig: Yeah, I mean TSPLOST has been great for us from a city standpoint for our transportation projects. So, I'd like to see us continue, but I'm in support of what you had recommended, 3A. I think it makes the most sense for our location, our city. Mayor Lockwood: Anybody else? Ms. Bentley: Yeah, my only comment is the same. It seems like 3A makes the most sense to us. I just have a question about should it pass, we have tiers of TSPLOST that we're working on now. So, do we reevaluate that? Do we just move the items on the list up? I mean, because some things have changed and might need to be relooked at. I know I've been contacted about a couple of intersections that aren't on there. Mr. Krokoff: We would definitely reevaluate it. Those were done in 2016. We would definitely reevaluate what will be remaining on that list, and then come to the council for your blessing on the list that we would move forward. I would anticipate it would be similar to a tier one, two and three like we approached this one as well. Ms. Bentley: Thank you. Mayor Lockwood: Is there any negative? 3A, is everybody pretty much on board that .75 cents going to directly for projects in the City of Milton? Okay, thank you guys. Mr. Krokoff: Thank you Mayor and Council. FIRST PRESENTATION Mayor Lockwood: Okay, let's move on to our first presentation. If our City Clerk would please sound that item. City Clerk: That item is consideration of an ordinance of the Mayor and Council of the City of Milton, Georgia to amend Chapter 2, Article 4, Division 11, and Article 7, Division 4, of the Code of Ordinance of the City of Milton, Georgia to rule on the sections with regards to conducting business with city employees and officials. Agenda Item No. 21-024. Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 13 of 24 Mayor Lockwood: Okay. I'll open up for a motion on approval of the first presentation. Mr. Mohrig: Mr. Mayor, I make motion that we accept first presentation as read. Mr. Jamison: Second. Mayor Lockwood: I have a motion from Councilmember Mohrig, with a second from Councilmember Jamison. All in favor, please say aye. Councilmembers: Aye. Mayor Lockwood: That's unanimous. Tonight, we don't have any items under public hearing, zoning agenda, or unfinished business. Before I ask Tammy to read the new business, I'm not sure if you know, but it looks like your family is getting a little maybe bored out there, and part of your job is to make sure they have snacks and drinks to go to the council meeting. City Clerk: I'm doing my best. Motion and Vote: Councilmember Mohrig moved to approve the First Presentation Item. Councilmember Jamison seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. NEW BUSINESS Mayor Lockwood: All right. Yeah, if our City Clerk could please sound the first new business item. City Clerk: That item is 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 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. Agenda Item No. 21-025, Mr. Ken Jarrard. Mr. Jarrard: Mayor and members of the Council, thank you very much. This evening I would love to be able to come in front of you and indicate that there is no longer a need for this pandemic ordinance, Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 14 of 24 but regrettably I'm not in a position to say that. We have had this ordinance in effect since March of 2020 under the City of Milton Charter. We were able to impose emergency ordinances to deal with unusual or extraordinary situations in 30 -day increments. We have been doing that. My recommendation to your staff is to continue doing that until such time as a minimum that the statewide declaration of emergency abates which has not occurred yet. So, Mr. Mayor, I don't know if the Council needs me to go through this again. Nothing substantive has changed. Mr. Krokoff: Something substantive has changed. Mr. Jarrard: Did it change? Mr. Krokoff: Yes. Mr.Jarrard: Did you all change the language in here with respect — Mr. Krokoff: I believe it's the one section allowing for under the very specific circumstances of a board not being able to convene. Mr. Jarrard: It wasn't it my — that's back — Mayor Lockwood: That's our next item too, isn't it? Mr. Krokoff: Yeah. Mr. Jarrard: No. Well, it's yes, but it's actually with respect to flexibility with respect to how your various entities can call pure virtual meetings. And what we have put into the ordinance, and forgive me, Mr. Mayor, for not seeing this. My copy is left out of my book. That's an internal issue with my office, is that there is language where there have been from time to time, situations that due to COVID- based issues, we have not been able to assemble live quorums of agencies. And rather than have that occur again, what we tried to build into the ordinance was an accommodation that in the event that is going to happen again, the business of Milton needs to move on, and we wanted to set up an expedited protocol where you and the chair of that entity would get together, confer, and decide if in fact a virtual meeting was appropriate, and if so, to go ahead and make that call. This would be the requisite finding of necessity to allow that. Mr. Mayor, the ultimate call would be yours. I have a feeling there will never be a disagreement. It is my expectation there will always be unanimity on that issue. So, to the City Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 15 of 24 Manager's point, that is a deviation. It is a modest deviation purely born out of utilitarian need just to make sure that if we find that a physical quorum can't meet due to COVID-related issues, that the business of the City can be conducted. Mr. Mayor, that's my presentation. Mayor Lockwood: Okay. Are there any questions or comments on this? I think you guys know by now we have very rarely used any of these, but only if it made sense and certainly run them by the Council and all that and make sure everybody is good. But just in the essence of time, if there's something that we need to adjust during this pandemic. So, I'll open that up for a motion if there's no other comments. Ms. Bentley: Mayor, I'd like to make a motion to approve Agenda Item No. 21- 025. Mr. Mohrig: Second. Mayor Lockwood: Okay, I have a motion for approval from Councilmember Bentley with a second from Councilmember Mohrig. All in favor, please say aye. Councilmembers: Aye. Motion and Vote: Councilmember Bentley moved to approve Agenda Item No. 21-025. Councilmember Mohrig seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. Mayor Lockwood: Any opposed? That's unanimous. Okay. Tammy, if you'll please sound the next item. City Clerk: The next item is consideration of a resolution and ordinance amending Section 3.221310, Powers and Duties of Mayor in Section 7.18, Charter Commission of the Charter for the City of Milton, Georgia. Agenda Item No. 21-026. Mr. Ken Gerard. Mr. Jarrard: Mr. Mayor and members of the Council, thank you for this. So, we don't do it too often in Milton, but all municipalities in Georgia have this very formidable home rule power that allows cities to modify their own charter by way of local action, Counties have an Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 16 of 24 equivalent power under the Georgia Constitution. So, that's what we're doing and recommending this evening, and the points actually we're changing are modest in scope, but they're meaningful. And so, I'll go over them very briefly with you. There's only two of them. The first one is, in your Charter, under the powers and duties of the Mayor, it deals with the preparation of the Agenda and your Charter actually dictated some of the configurations of individuals that had to act to amend your Agenda. With respect to the General Assembly who drafted that, that doesn't need to be in your Charter. That should be in a locally adopted Rules of Procedure by the Council. That provides you all the maximum flexibility to set the Agenda the way the Council thinks the Agenda should be set without it being in your Charter. So, we've changed that language simply to provide that with respect to the assembly of the Agenda, it'll be assembled pursuant to those internal rules of the City Council procedures adopted by the Mayor and Council. Much more user friendly, if you will. So, that's that change. The next change pertains to the Charter Commission. All of the new cities in 2006 had this allowance for a Charter Commission which basically said that every five years after your creation, you have to assemble this actual Commission and they will then meet, and they will go over the entirety of the Charter. They will decide what's working, what isn't working. I've been through two of them at this point, and they're wonderful, and excellent and the reality is though there does come a time of diminishing returns with a formal Charter Commission, and I think you have long since gotten there. My respectful recommendation is this. If something is broken in Milton with respect to the Charter, you as the Council can ask that it be modified at any time and make recommendations either to the General Assembly to change the Charter, or establish your own Charter Commission, but I do not think you need a regimented every five years to go through this. I think you need to do it when you feel like you need to do it, and that would be my recommendation. That's the recommendation I've made to staff, and they have made it back. So, it makes good sense. The language we have put in there is this. Maximum flexibility. Again, this is to be an active empowerment, not limitation. The Mayor and City Council may when deemed necessary call for a Charter Commission to review the City's experience and recommend to the General Assembly or City Council as appropriate any changes to the City Charter. The Mayor and City Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 17 of 24 Council when calling for a Charter Commission, may provide limitations as to those portions of the Charter that are to be reviewed. That being if you didn't want to review the entirety of the Charter, but only a specific section that you said may need some refinement. So, here is the deal with home rule for municipalities. We do have the power. The interesting thing about this power, however, is that you have to adopt the ordinance twice at back-to-back consecutive regular meetings. So, Mr. Mayor, I am going to make a recommendation if the Council likes this language, that you adopt this evening, but it is not a final adoption. Why it didn't appear on first presentation. You can adopt, but it's not a final adoption. It has to be adopted at the next regular meeting, then I will have to get your signed ordinance and send it to the Secretary of State. So, I am asking if the Council wants to, to go ahead and adopt it this evening, but that will not be a final act. Mayor Lockwood: Are there any questions? I will say on the Charter Commission too, that's certainly Representative Jones, the last few years has talked to me about saying legislatively that it would probably make sense not to have that. Obviously, established cities don't. Once you get to a point where your Charter is working, I think it kind of got to the point. I think Ken made the comment of if it's not broke don't fix it, but when every five years you appoint a Charter Commission and they go through a Charter, obviously it's just human nature and their job, "Well, we've got to change something." And I think they've got it tweaked pretty good. It's working good, and to Ken's point, we can always if there is a problem, the Mayor and Council can adjust it. So, again that could have been legislatively, but as we discussed in our retreat, that we would just as soon do it with the home rule or whatever. If there's no other questions on these two items or whatever, I'll open up for a motion. Ms. Cookerly: No, you go ahead. All right. Mr. Jarrard: Go ahead. Ms. Cookerly: Okay. Mr. Mayor, I approve that we adopt Agenda Item No. 21- 027. Oh, I'm sorry, I down on Tammy. No. 21-026 and adopt as Attorney Ken Jarrard outlined for us. Mr. Mohrig: Second. Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 18 of 24 Mr. Lockwood: Okay, I have a motion from Councilmember Cookerly with a second from Councilmember Mohrig. And as Ken said, if we vote on this tonight, it'll come back before us again for a final vote. So, all in favor, please say aye. Councilmembers: Aye. Motion and Vote: Councilmember Cookerly moved to approve the Agenda Item No. 21-026. Councilmember Mohrig seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. Mayor Lockwood: That's unanimous. Okay, if I would ask our City Clerk to sound the final report and presentation item. City Clerk: Are you ready, Mayor? Mayor Lockwood: I don't know. I think we need a break. City Clerk: Get ready. Mayor Lockwood: Cancel the meeting. City Clerk: That item is consideration of a resolution appointing yours truly, Tammy Lowit, as City Clerk. Agenda Item No. 21-027. Mayor Lockwood: All right, obviously it's a pleasure to bring this forward. A lot of people don't know it. It's interesting, I get tons of calls from people wanting to apply for jobs at the City or whatever, and they think the mayor and the Council, they go to them, and I have to tell them there's only two or three positions that we have any influence, or we have to approve and that we have any part of, and one of them is appointing the City Clerk. So, that's before us tonight. Tammy has been here as our Executive Aide position, and obviously has done a great job and has graciously agreed, been recommended to and agreed, to be our next City Clerk and worked with Sudie a lot over the last year. We appreciate everything that both of you guys have done. I'm sure you will do a great job, and again, it's a pleasure and an honor for me to appoint you as our City Clerk. Obviously, Steve and the rest of your staff have given 1 1 1 Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 19 of 24 the full support of that. So, if nothing else, I'll open up for a motion on this appointment. Ms. Cookerly: I think we all want to do this one. City Clerk: Go ahead, it's okay. Ms. Cookerly: Can we do that? Can we all do it? Ms. Bentley: Mayor, I'd like to enthusiastically make a motion for the consideration of a resolution approving Tammy Lowit as City Clerk. Mr. Mohrig: Second. Mayor Lockwood: All right. I have a motion from Councilmember Bentley, which again I think equally everybody would like to make the motion, and a second from Councilmember Mohrig. So, all in favor, please say aye. Councilmembers: Aye. Motion and Vote: Councilmember Bentley moved to approve the Agenda Item No. 21-027. Councilmember Mohrig seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. Mayor Lockwood: City Clerk: It's unanimous. Thank you. Mayor Lockwood: I want to thank Tammy's family for being here tonight, and Tracy, who is also a great part of our team. So, thank you guys for being here and being a part of Milton, and thanks to the family for allowing you guys to be here. At this point, I believe I will step forward and swear Tammy in. City Clerk: Mayor, I got so excited I forgot to print my oath. So, hold on. At least it's for me, right? Mayor Lockwood: 11naudible] [00:43:33]. Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 20 of 24 City Clerk: Okay, let's do this. I don't do pictures. Hold that little thing down, okay. Mayor Lockwood: All right. Special [inaudible] resolution. All right. If you would raise your right hand and repeat after me. City Clerk: Okay. Mayor Lockwood: I solemnly swear and affirm I will faithfully perform these [audio cuts out] Deputy City Clerk. City Clerk: City Clerk. Mayor Lockwood: Of the City. City Clerk: Of the City. Mayor Lockwood: And that I will support and defend the Charter thereof. City Clerk: And I will support and defend the Charter thereof. Mayor Lockwood: As well as the Constitution. City Clerk: As well as the Constitution. Mayor Lockwood: And the laws of the State of Georgia. City Clerk: And the laws of the State of Georgia. Mayor Lockwood: And of the United States of America. City Clerk: And of the United States of America. Mayor Lockwood: Thank you. Congratulations. City Clerk: I'm breaking protocol, but I'm making my own speech. Mayor and Council, thank you. I just wanted to say thank you for trusting me with this position and appointment me. Not only just appointing me, but trusting me, with the position. I promise to commit to doing the best that I can as the City Clerk for the City of Milton to serve not only you, but obviously our citizens. And I have to have a huge shout out to — I'm so sorry. I was going to make sure I wasn't going to do this. Sorry. Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 21 of 24 Female: You want me to stand in? Tammy: No. [Crosstalk] City Clerk: I know. I would love to say thank you to my family who is here with us in spirit, online, on Zoom, and of course, here is my brother Doug and my mom, Linda, who came up from Tifton. My sweet husband, Steve, and our children, Sophie and Dawson. And, of course, my other half, Tracy. I'm teasing. I was not supposed to be emotional, but I am so excited. Thank you so much, and I can't wait to get our picture. Come on. Mayor Lockwood: You know, if everybody, if all your family would come up and stand around here and we'll get a picture, and the Council in the background. I wonder if you guys notice there's a common theme here. When Sudie was speaking, of course, she was getting teary- eyed, and you're getting teary-eyed starting. [Crosstalk] City Clerk: One, two, three, ready. [Crosstalk] Mayor Lockwood: Thanks for being here. Mr. Mohrig: What's the first thing you do? Disrespect the position. Mayor Lockwood: Okay, now get back to work Tammy. Mr. Mohrig: That was great. Mayor Lockwood: All right, again, thank you all, family for being here, and Tammy, we appreciate what you've done so far, and obviously in the future. City Clerk: Thank you. 1 Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 22 of 24 MAYOR AND COUNCIL REPORTS Mayor Lockwood: All right. We will move on to reports. Does Council have anything they want to report on? Okay, we'll move on to public works. It's been a relatively short meeting so far. Robert, you've got an hour and a half. Mr. Drewry: Drag it out. I can do that. Mr. Mohrig: He's always good. He never brings a presentation. STAFF REPORTS Department Updates Public Works Mr. Drewry: Good afternoon. Good evening, Mr. Mayor, Council. We've got a lot of projects going on. I'm going to touch on a few of those. I know you know what's going on, but I just kind of want to remind you and the general public. Work is progressing at the Hamby Hopewell roundabout. There have been a few delays with utilities. We're working through those, and the Hopewell Thompson roundabout is progressing along well. Cogburn Road, the new sidewalks, there's been a slight delay to re-engineer an underground utility conflict. So, you don't see any activity really going on right now until they resolve that underground utility conflict. Repair the bridge culvert on Sandy Springs, not Sandy Springs, Saddle Springs, excuse me, is progressing. If you haven't noticed, we got new floors in the community place restrooms. They look really nice. The last floors were pitted and peeling. So, I know it's a small project, but it is a very important one to our community. The City Engineer is finalizing our annual stormwater management report to the state. That report is due in two weeks, or within two weeks, and he is finalizing that. Just as a reminder, it's a multiple departmental effort, but we are surveying the community on road safety concerns for the local road safety plan and the community survey will continue until February 15`x'. We have projects out to bid. At the next Council meeting, you should see a Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 23 of 24 recommendation to award a pavement rejuvenation bid. That's for some local residential streets. It's a sealant essentially. Our next road resurfacing project will begin advertising this week. We are in the process of soliciting consultants for the former Milton Country Club hydrology study, and we are soliciting work to do electrical power work here at City Hall so that we can hook up a portable generator in those times when we do lose power. Staff is also working, taking the lead, for the demolition of Station 42 as well. So, just got a few things going on, and just wanted to bring them up to your attention. Were there any questions? Mayor Lockwood: Questions for Robert? Mr. Drewry: Thank you very much. Mayor Lockwood: All right, thank you. Anybody else, any reports? If that, that will conclude our meeting tonight. That way, maybe you can take your whole family out to dinner or whatever and celebrate. City Clerk: Yeah, you're footing the bill, right? Thank you. Mayor Lockwood: I was thinking that maybe you were. Mr. Mohrig: I thought you'd appreciate. Mayor Lockwood: I'll open up. Is there a motion to adjourn? Mr. Mohrig: Motion to adjourn. Mr. Jamison: I second. Mayor Lockwood: I have a motion from Councilmember Mohrig, second from Councilmember Jamison and to adjourn, all in favor please say "aye". Councilmembers: Aye. Mayor Lockwood: That's unanimous. Thank you all. Motion and Vote: Councilmember Mohrig moved to adjourn the city council meeting at 6:52 pm. Councilmember Jamison seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. Regular Meeting of the Milton City Council Monday, February 1, 2021 at 6:00 pm Page 24 of 24 Date Approved: April 12, 2021 L 1