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HomeMy WebLinkAboutOrdinances 21-03-473 - 03/15/2021' STATE OF GEORGIA ORDINANCE NO. 21-03-473 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 April 8, 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 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 April 8, 2021; WHEREAS, it is the intention of the City of Milton to readopt and reinstitute the Emergency Ordinance effective April 8, 2021 and extending through May 8, 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 April 8, 2021 until 11:59 p.m. on May 8, 2021; SECTION 3. That Sections 5 and 7 of the March 20, 2020 Emergency Ordinance are renewed and extended; SECTION 4. That the City of Milton's Reopening Plan was approved on May 18, 2020 and continues in full force and effect. SECTION 5. 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 6. That during the effective date of Emergency Ordinance, it is the expectation of the Mayor and Council that all agencies of the City will assemble live and in person to conduct City business. However, in the event that COVID-19 (either due to diagnosis or exposure of agency members) results in a quorum of agency members being unable to assemble in person, the Council does hereby authorize such agencies to meet via teleconference (virtually), with this Ordinance providing the requisite justification for such virtual/teleconference meeting. This accommodation is to ensure that the important business of the City continues. The Chair of the pertinent agency shall confer with the Mayor as to the necessity of conducting the meeting virtually, with it anticipated that the Mayor and the Chair will come to mutual agreement on the need to conduct a virtual meeting. If there is a disagreement, the Mayor shall make the final determination. The reason for meeting virtually (i.e., COVID-19 diagnosis or quarantine resulting in the inability to assemble a quorum) shall be entered upon the minutes when the agency assembles for its virtual meeting. SECTION 7. This New Emergency Ordinance shall become effective and operational commencing April 8, 2021 and shall expire at 11:59 p.m. on May 8, 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 6- th day of March 2021 by the Mayor and Council of the City of Milton, Georgia. Attest: ammy Lowit, i Cl rk THE CITY OF MILTON, GEORGIA Joe Lockw o , Mayor