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Agenda Packet - CC - 02/01/2021
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, February 1, 2021 Regular Council Meeting Agenda 6:00 PM INVOCATION – Sarah LaDart 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. 21-017) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 1, 2021 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 6) CONSENT AGENDA 1. Approval of Change Order #10 to the Agreement between the City of Milton and New South Construction Company, LLC to Provide Dehumidification (gas re-heat) Upgrades at Police Building. (Agenda Item No. 21-018) (Robert Buscemi, Interim Community Development Director) 2. Approval 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) (Stacey Inglis, Assistant City Manager) 3. Approval of Subdivision Plats and Revisions. Name of Development / Location Action Comments / # lots Total Acres Density 1. 850 Mayfield Road (Town Center East) LL 1134 Dist. 2 Sect. 2 Combination Plat Combines two tracts into one parcel with One Mixed- Use Building 2.531 Acres N/A to Commercial Development (Agenda Item No. 21-020) (Tracie Wildes, Land Development Manager) 7) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Tim Lester For His Outstanding Character and Contribution to our Community In and Around Milton, GA. (Agenda Item No. 21-021) (Mayor Joe Lockwood) 2. Proclamation Recognizing Sudie Gordon For Her Years of Service to the City of Milton, GA. (Agenda Item No. 21-022) (Mayor Joe Lockwood) 3. Discussion of the Potential Continuation of the Transportation Special Purpose Local Option Sales Tax (TSPLOST) for the years 2022 – 2027. (Agenda Item No. 21-023) (Steve Krokoff, City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 1, 2021 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 8) FIRST PRESENTATION 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia to Amend Chapter 2, Article VI, Division 11 and Article VIII, Division 4 of the Code of Ordinances of the City of Milton, Georgia to Align the Sections with Regards to Conducting Business with City Employees and Officials. (Agenda Item No. 21-024) (Bernadette Harvill, Finance Director) 9) PUBLIC HEARING (None) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS (None) 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 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) (Ken Jarrard, City Attorney) 2 Consideration of a Resolution and Ordinance Amending Section 3.22(b)(10) - Powers and Duties of Mayor and Section 7.18 - Charter Commission of the Charter for the City of Milton, Georgia. (Agenda Item No. 21-026) (Ken Jarrard, City Attorney) 3. Consideration of a Resolution Appointing Tammy Lowit as City Clerk. (Agenda Item No. 21-027) (Mayor Joe Lockwood) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 1, 2021 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Public Works 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 21-028) CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 25, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Change Order #10 to the Agreement between the City of Milton and New South Construction Company, LLC to Provide Dehumidification (gas re-heat) Upgrades at Police Building MEETING DATE: Monday, February 1, 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 February 1, 2021 X X To: Honorable Mayor and City Council Members From: Robert Buscemi, Interim Community Development Director Date: Submitted January 19, 2021 for the February 1, 2021 Regular City Council Meeting Agenda Item: Approval of Change Order #10 to the Agreement between the City of Milton and New South Construction Company, LLC to Provide Dehumidification (gas re-heat) Upgrades at Police Building _____________________________________________________________________________________ Department Recommendation: Approval Project Description: The City of Milton and New South Construction Company, LLC have entered into a Professional Services Agreement dated July 17, 2019 (RFP 18-PW04) to provide Construction Services for the new Public Safety Complex. This Change Order will allow additional HVAC work to address high humidity levels occurring within portions of the Police building by installing Gas Re-Heat units within the system. The cost of this work will be paid for by the Design Firm, Cooper Cary, who has accepted responsibility for this condition, by reducing their design fee balance by the same amount. This is a no cost change order to the City. Procurement Summary: Purchasing method used: Contract Addendum Account Number: N/A Adjustment Total: $24,460.00 (*See note above) Financial Review: Bernadette Harvill, January 20, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP, January 19, 2021 Concurrent Review: Steve Krokoff, City Manager Attachment: Change Order #10 EXHIBIT I CHANGE ORDER FORMAT (Lump Sum) CHANGE ORDER No. __010___ Project Name: __Milton Public Safety Complex __ Project Number: ___18-PW04 _______________ City of Milton, Georgia, Owner 1. Submission of this Change Order for consideration was authorized by letter from the Owner, dated N/A,_Incumbrance Record No. N/A . 2. The changes hereinafter described are applicable to the Contract for the construction of the above- referenced Project and amend the Contract Documents. 3. Description of Change: OCO 118 – Dehumidification (Gas Re-Heat) Upgrades @ Police 4. This Change Order is deemed necessary and originated with the (Owner). (Indicate applicable entity.) 5. This Change Order is necessary to: Fulfill project changes related to the above OCO’s. 6. The amount of the Change Order was determined by: A. Estimate and acceptance in lump sum. 7. A memorandum is attached showing cost breakdown of labor and materials by unit and quantities as prepared by the CM/GC and checked by the Owner. N/A 8. We have verified the quantity and quality of all materials shown on the memorandum. We have verified that all prices are reasonable and do not exceed current costs for like services or materials, and we have verified that the quality of the materials meets the requirements of the Contract Documents. 9. The CM/GC shall be allowed 0 additional calendar days for completion. The Material Completion Date is: 08/06/2020 and the Final Completion Date is the thirtieth (30th) calendar day thereafter. 10. The Guaranteed Maximum Price shall be increased by $ ___24,460.00___________ on account of this change. The CM/GC’s Fee shall be increased by $ __0.00 . The Maximum Amount Allowable for CM/GC’s Overhead Costs and Expenses shall be (increased) (decreased) by $ ___0.00______ . 11. The payment and extension of time, if any, provided by this Change Order constitutes compensation in full to the CM/GC and its Subcontractors, Suppliers, and Trade Contractors for all costs and markups, directly and indirectly attributable to the changes ordered herein, and for all delays or time related costs thereto and for any acceleration costs for performance of changes within the time stated and to be completed by the Material or Final Completion Date and for any claims related thereto against the Owner and the Design Professional, and design consultants. APPROVED AND AGREED BY CM/GC: By: ______________________________________ ______________________________________ (Print Name/Title) Date Approved by CM/GC: ____________________ RECOMMENDED FOR OWNER'S APPROVED AND AGREED BY OWNER: ACCEPTANCE: DESIGN PROFESSIONAL OWNER By: ______________________________________ By: ___________________________________ _______________________________________ ___________________________________ (Print Name/Title) (Print Name/Title) Date approved by Architect: ______________ Date approved by Owner: ______________ Exec. VP 1/8/2021 Owner Change Order Milton Public Safety Complex , New South Construction Co. Contract # 19.575. To Owner: Change Order #:10 Dehumidification (Gas Re-heat) Upgrades - Police Change Order Date:01/08/21 MILTON, GA 30004 CITY OF MILTON 2006 HERITAGE WALK Number Description You are directed to make the following changes in this Contract: Amount Dehumidification (Gas Re-heat) Upgrades - PoliceOCO 118 24,460.00 186,445.00 Total For Change Order: 10 24,460.00 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates the Contractor's agreement herewith, including any adjustment in the Contract Sum or Contract Time. 12,950,000.00The original Contract Sum was . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The net change by previously authorized Change Orders was . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13,136,445.00The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24,460.00The Contract Sum will be increased by this Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13,160,905.00The new Contract Sum will be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Contract Time will be unchanged Accepted By Contractor:Architect/Engineer:Authorized By Owner: New South Construction Co.CITY OF MILTON 1180 West Peachtree St, Suite 7002006 HERITAGE WALK MILTON, GA 30004 Atlanta, GA 30309 By: _______________________ Date: _____________________ By: _______________________By: _______________________ Date: _____________________Date: _____________________ COOPER CARRY INC 191 PEACHTREE STREET, NE SUITE 240 ATLANTA, GA 303031770 186,445.00 1/8/2021 1180 West Peachtree St NW, Suite 700 O: (404) 443-4000 Atlanta, Georgia 30309 F: (404) 443-4100 www.newsouthconstruction.com Change Order No. 10 MEMORANDUM Milton Public Safety Complex Project No. 18-PW04 The cost for Change Order #10 is as follows: RTU Gas Re-Heat Modification: $22,075 Exhaust Fan Controls Upgrade: $1,845 Labor, Supervision, & Misc.: $5,540 Discount: ($5,000) Total:$24,460 Furthermore, I do solemnly swear to the best of my knowledge, information, and belief, that the costs shown hereinabove do not exceed current costs for like services or materials in the locality of the Project and, in the case of a Force Account, the costs represented do not exceed the Actual Costs to the CM/GC; and that the quantities shown do not exceed actual requirements Sincerely, NEW SOUTH CONSTRUCTION COMPANY Adam Cobb Senior Project Manager Change Order Request New South Construction Co. Project # 19.575. Milton Public Safety Complex , OCO #: 118 1/8/2021 Dehumidification (Gas Re-heat) Upgrades - Police Category Reason Reference Change Order Notes HVAC Narrative 11/20/2020Owner Change Request Please accept this OCO #118 for dehumidification upgrades to the Police HVAC system. Per HVAC Systems Narrative dated 11/20/20 by Conway & Owen, we propose to furnish and install gas re-heat modifications to RTUs 2, 3, and 4, install new humidity sensors for these RTU's, and modify existing exhaust fans EF's 1, 3, and 5 to be controlled off of existing occupancy sensors in the rooms that currently control lighting. Due to lead time of materials and crew schedule, it will likely be late February before this work is completed. The RTU modifications will be performed during weekend hours if acceptable with building occupants. All other work is assumed to be performed during normal business hours. Total Cost Change: 0Total Additional Days Requested: The date of substantial completion will be extended by the number of additional requested days. Description of Cost Itemized Cost Breakdown $24,460.00 Dehumidification (Gas Re-heat) Upgrades - Police $24,460.00 $24,460.00Total Authorized Owner's Representative Signature Date Approved Rejected 1180 West Peachtree Street, Suite 700 -Atlanta, GA 30309 -Telephone 404.443.4000 -Fax 404.443.4100 CONDITIONED AIR SYSTEMS, INC. 2410 Hilton Way S.W. Gainesville, Georgia 30501 (770) 536-7509 FAX (770) 535-8096 www.conditionedairsystems.com SALES • SERVICE • INSTALLATION • RESIDENTIAL • COMMERCIAL • INDUSTRIAL • COMFORT SYSTEMS January 5, 2021 PROPOSAL REVISED #2 New South Construction 1180 West Peachtree St NW Atlanta, GA 30309 Attn: Adam Cobb RE: Milton Police Hot Gas Reheat for RTU-2,3,4 Total- $29,460.00 HGRH Coil and Install =$22,075.00 CAS supervision and controls =$5,540.00 Exhaust Fan work= $1,845.00 SCOPE OF WORK: Furnish and field-install hot gas reheat with on/off control on Trane RTU-2, 3, & 4Carolina Heat Pipe, (CHP), proposes to field install a 1 row hot gas reheat coil with on/off solenoid control and tie this into the lead refrigerant circuit for each of the 3 RTU’s. CHP will supply our HS-HGR-001 VER2 control board which requires field power of 24Vac from the existing thermostat and a N.O. input signal from an existing humidistat located in the space. Control power and humidistat input signal to be made available, by Conditioned Air Systems, at the 3 RTU’s on the roof. Humidity wall mounted sensor will be provided by Trane to Conditioned Air Systems. Carolina Heat Pipe will install the HGRH coil with on/off solenoid control valve a check valve and manual ball valve in the lead refrigeration circuit for each RTU. CHP will add the proper amount of refrigerant, R410A to accommodate the added hot gas reheat circuit. CHP will supply our HS-HGR-001VER2 control card which is designed to regulate temperature first and humidity second (see attached wiring diagram). A CAS start up technician will need to provide field power to the HS-HGR-001 control card from the existing thermostat and terminate the input signal from a N.O. humidistat located in the space. All work to be completed Saturday and Sunday (weekend hours). The earliest this work can be scheduled is End of February of 2021 due to the lead time on the coils for CHP. In addition to this work, Trane has agreed to provide an additional 1-year whole unit labor warranty. Wire Exhaust Fans 1,3,& 5 into existing occupancy sensors. Additional reduction of cost, new total: $24,460 CONDITIONED AIR SYSTEMS, INC. 2410 Hilton Way S.W. Gainesville, Georgia 30501 (770) 536-7509 FAX (770) 535-8096 www.conditionedairsystems.com SALES • SERVICE • INSTALLATION • RESIDENTIAL • COMMERCIAL • INDUSTRIAL • COMFORT SYSTEMS Terms: This price is based on all work being performed during weekend hours with the exception of the ex-fan work. this work is to be preformed during normal working hours. All pricing is valid for 15 days from date above. Equipment / material remain the property of Conditioned Air Systems until paid in full. Payment due net 30 Customer Acceptance: We propose to furnish material and labor for the above specifications and pricing. With your approval below the specifications and pricing are satisfactory and are hereby accepted, thus authorizing Condition ed Air Systems to commence the work. Proposal Acceptance _______________________ Date ________________ If you have any questions regarding this proposal, please let me know at your earliest convenience so that we can discuss it in further detail. Thank you again for your consideration. Sincerely, Nick Deaton Nick Deaton ndeaton@conditionedairsystems.com Milton PSC – Police Building 23 00 00 - 1 November 20, 2020 HVAC Systems Narrative HVAC SYSTEMS NARRATIVE This section is intended to provide assistance in pricing for changes to this project. Once pricing is obtained based on this narrative the final approach will be determined. The information in this section may be revised during final design and shall not be considered part of any contractual agreement. Copyright - 2020 Municipal Police Building A. Building Pressurization: 1. The following exhaust fans are to be operated on occupancy sensors: a. EF-1 b. EF-3 c. EF-5 2. Contractor to confirm that the outside air dampers are closing on the Roof Top Units while the units are off. B. Existing Rooftop Units 1. Carolina Heat Pipe to install hot gas reheat coils in RTU-2, 3 & 4 along with associated valving and controls required for a dehumidification cycle. 2. Hot gas reheat coils to be designed for the following space temperature setpoints: a. 74°F b. 70°F 3. Contractor to install space humidity sensors. If the existing control wiring will allow a combination temperature/humidity sensor to be installed, provide as a separate pricing line item. C. Dehumidification Sequence of Operation (logic provided by new unit control board) 1. Single Compressor Units: a. On a call for dehumidification, the reheat valve is energized and the compressor is turned on. When the humidity setpoint is satisfied, the valve is de-energized, and the compressor is turned off. If there is a call for cooling from the space thermostat while in reheat, the reheat valve is de-energized, and the compressor continues to run. 2. Dual Compressor Unit: a. On a call for dehumidification, the reheat valve is energized and both compressors are turned on. When the humidity control setpoint is satisfied, the valve is de-energized and both compressors are turned off. If there is a call for 1st stage of cooling while in dehumidification mode, no action takes place. If there is a call for 2nd stage of cooling, the reheat valve is de-energized, and the unit reverts to cooling mode. If the 2nd stage of cooling is satisfied and there is still a call for dehumidification, the reheat valve will be energized as well as turning 2nd stage compressor back on. CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 26, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Purchase Agreement/Equipment and Software Maintenance Agreement for a Postage Machine between the City of Milton, Georgia and Pitney Bowes, Inc. MEETING DATE: Monday, February 1, 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 February 1, 2021 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted January 26, 2021 for the February 1, 2021 Regular City Council Meeting Agenda Item: Approval of a Purchase Agreement/Equipment and Software Maintenance Agreement for a Postage Machine between the City of Milton, Georgia and Pitney Bowes, Inc. _____________________________________________________________________________________ Project Description: The lease for the current postage machine has ended and the machine is no longer being serviced by Pitney Bowes. We explored the pros and cons of leasing versus purchasing a replacement machine with the two vendors that have a state contract: Pitney Bowes and Quadient. While each vendor offered comparable machines, the additional services provided by Pitney Bowes is a better fit for City Hall and the departments at the Public Safety Complex. The cost benefit of purchasing the postage machine is greater than leasing one. Procurement Summary: Purchasing method used: State Contract Account Number: 100-1500-523850102 Requisition Total: $ 3,485.83 Vendor DBA: Pitney Bowes, Inc. Financial Review: Bernadette Harvill, January 26, 2021 Legal Review: Sam VanVolkenburgh, Jarrard & Davis LLP, January 21, 2021 Concurrent Review: Steven Krokoff, City Manager Attachment: Purchase Agreement/Equipment and Software Maintenance Agreement City of Milton & Pitney Bowes Inc. - Agreement Supplement I. Priority of Supplement: This Supplement applies to the Purchase Agreement/Equipment and Software Maintenance Agreement ("Agreement") between the City of Milton, Georgia ("City") and Pitney Bowes Inc. ("Pitney Bowes") attached hereto as Exhibit A. The provisions of the Supplement control over any contrary provisions found in the Agreement and any other document that is incorporated by reference into the Agreement. Description of Items and Services Rented and Purchased: For the avoidance of doubt, and as reflected in Exhibit A, the parties acknowledge that the Agreement calls for a one-time purchase of certain equipment for $3,485.83; software and meter rentals for quarterly fees of $138.12 and $135.66 respectively; and equipment maintenance service for an annual fee of $368.12. The rental and maintenance fees shall reoccur during the term of the Agreement and cease upon expiration or termination of the Agreement. 3. Reserved. 4. Nondiscrimination: In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of federal law, Pitney Bowes agrees that, during performance of the Agreement, Pitney Bowes, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Pitney Bowes agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under the Agreement. 5. Sovereign Immunity• Indemnification: Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity. No provision of the Agreement shall be construed to impose a contractual duty of defense or indemnification upon the City. 6. Taxes: The parties agree that the City is exempt from state sales and use tax, and City will provide a certificate evidencing same upon request of Pitney Bowes. 7. Compliance with the Georgia Open Records Act: To the extent required by law, each party agrees to comply with the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq.) and no confidentiality requirement in the Agreement shall impose any obligation inconsistent with the rights and duties created by that Act. 8. Ethics: City and Pitney Bowes acknowledge that it is prohibited for any person to offer, give, or agree to give any City of Milton employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. City and Pitney Bowes further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to Pitney Bowes or any higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 9. Authority to Contract: The individual executing the Agreement on behalf of each party covenants and declares that he/she has obtained all necessary approvals of the necessary board of directors, stockholders, board of commissioners, general partners, limited partners or similar authorities to simultaneously execute and bind the party to the terms of the Agreement and this Supplement. IN WITNESS WHEREOF City and Pitney Bowes have executed this Supplement, effective as of the effective date of the applicable Agreement. [SIGNATURES ON FOLLOWING PAGE] AttestlWitness: Signature: �09 l �'� d 1-26-2021 Print Name: Pedro Toro Title: Regional Sales Director Attest: Signature: Sudie Gordon, City Clerk Approved as to form: City Attorney Pitney Bowes Inc.: a Signature. Print Nam�A .5 A C� - �CAP& Title: ��16V-r" /1 K C r 44 A n> CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Exhibit A pitneyboWes Item Business Solution Description Sales Type Purchase Agreement/Equipment and Software Maintenance Agreement SENDPROCAUTO Your Business Information PURCHASE $0.00 Agreement Number Full Legal Name of Client I DBA Name of Client Sendero C Auto 1 1FXP Tax ID # (FEINITIN) CITY OF MILTON Interface to Inview Dashboard 1 510608862 Sold -To: Address RENT $ 45.22 2006 Heritage Walk, Milton, GA, 30004-5892, US C Series IMI Meter Sold -To: Contact Name Sold -To: Contact Phone # Sold -To: Account # PURCHASE Stacey Inglis (678) 242-2508 0016998466 Connect+ggqqunting Weight Break Reports Bill -To: Address 1 APAX 2006 Heritage Walk, Milton, GA, 30004-5892, US PURCHASE $ 0.00 Bill -To: Contact Name Bill -To: Contact Phone # Bill -To: Account # Bill -To: Email Stacey Inglis (678) 242-2508 0016998466 stacey.inglis@cityofmiltonga.us Ship -To: Address Cost Accounting Devices (10) 2006 Heritage Walk, Milton, GA, 30004-5892, US 1 APKN Ship -To: Contact Name Ship -To: Contact Phone # Ship -To: Account # Stacey Inglis (678) 242-2508 0016998466 PO # CSCC PURCHASE Your Business Needs Sendero C Auto 95 Qty Item Business Solution Description Sales Type Price 1 SENDPROCAUTO PURCHASE $0.00 Sendero C Auto 1 1FXP PURCHASE $0.00 Interface to Inview Dashboard 1 71-100 RENT $ 45.22 C Series IMI Meter 1 APAC PURCHASE $ 0.00 Connect+ggqqunting Weight Break Reports 1 APAX PURCHASE $ 0.00 Cost Acctg Accounts Level (100) 1 APB2 PURCHASE $ 0.00 Cost Accounting Devices (10) 1 APKN PURCHASE $ 0.00 Account List Import/Export 1 CSCC PURCHASE $ 2,287.04 Sendero C Auto 95 1 CAAB RENT $ 0.00 Basic Cost Accounting 1 ERB4 RENT $ 24.32 eReturn Receipt Subscription - C Series 1 F9DD PURCHASE $ 0.00 USPS Special Services Welcome Kit U5175918.2 6/17 Page 1 of 3 - Y101915632 ©2017 Pitney Bowes Inc. All rights reserved. See Pitney Bowes Terms for additional terms and conditions Pitney Bowes Confidential Information 1 ME1A $ 305.70 Meter Equipment - C Series PURCHASE 1 MP81 C Series Integrated Scale PURCHASE $ 0.00 1 MP81 10 C -Series 101b/5kg Upgrade PURCHASE $ 0.00 1 PAB1 C Series Premium App Bundle PURCHASE $ 0.00 1 PTJ1 Sendero Online SMA $ 0.00 1 PTJ4 Multicarrier Sending App w/HW or Meter RENT $ 0.00 1 PTJ8 SendPro Mailing Included W/ HW SMA $ 0.00 1 PTJD SendPro Office RENT $ 21.72 1 PTJN Single User Access SMA $ 0.00 1 PTJR 50 User Access with Hardware or Meter RENT $ 0.00 1 PTK1 Web Browser Integration SMA $ 0.00 1 PTK2 SendPro C Series Shipping Integration SMA $ 0.00 1 STDSLA Standard SLA -Equipment Service Agreement (for SendPro C Auto) SLA $ 368.72 1 ZH24 Manual Weight Entry PURCHASE $ 0.00 1 ZH29 HZ03 95 LPM Speed PURCHASE $ 0.00 1 ZHCS SendPro C500 Base System Identifier PURCHASE $ 0.00 1 ZHD5 USPS Rates with Metered Letter PURCHASE 1 ZHD7 RENT $ 0.00 E Conf Services for Metered LTR. BDL 1 ZHD8 RENT $ 0.00 Electronic Return Receipt 1 ZHD9 PURCHASE $ 0.00 Retail Ground LOR 1 ZHWM PURCHASE $ 719.37 101b / 5kg Weighing Option for MP81 1 SPESIMPADDON PURCHASE $ 0.00 SendPro Enterprise Simplified Add-on 2 397-B PURCHASE $ 173.72 10 Ib / 5 k USB Scale 1 STDSLA SLA $ 0.00 Standard SLA -Equipment Service Agreement (for SendPro Enterprise Simplified Add-on) US175918.2 6/17 ©2017 Pitney Bowes Inc. All rights reserved. Pitney Bowes Confidential Information Page 2 of 3 Y101915632 See Pitney Bowes Terms for additional terms and conditions Your Payment Plan Quarterly Billing Total— Annual Billing Total** Type Fees Type Subscriptions $138.12 Equipment Maintenance Meter Services $ 135.66 WA Shipping and Handling $ O.00 Initial Tenn : 12 Months **Plus applicable taxes which will be applied at the time ofbilling Purchase Total** $ 3,485.83 Monthly Total** 1$91.26 Annual Total** $ 368.12 **Plus applicable taxes which will be applied at the time of billing. Fees Tax Exempt $ 368.12 () Tax Exempt Certificate Attached N/A O Tax Exempt Certificate Not Required (x) Purchase Power® transaction fees included ( ) Purchase Power® transaction fees extra Your Signature Below By signing below, you agree to be bound by your State's/Entity's/Cooperative's contract, which is available at btip://www.12b.comistates The terms and conditions of this contract will govern this transaction. NASPO VALUEPOINT ADSP016-169897. 99999SPD-00006328-0001 State/Entity's Contract # Client Signature Email Address Sales Information James Bradley james.bradiey@pb.com Account Rep Name Email Address US175918.2 6117 Page 3 of 3 Y101915632 ©2017 Pitney Bowes Inc. All rights reserved. See Pitney Bowes Terms for additional terms and conditions Pitney Bowes Confidential Information CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 26, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Subdivision Plats and Revisions: Name of Development / Location Action Comments / # lots Total Acres Density 1. 850 Mayfield Road (Town Center East) LL 1134 Dist. 2 Sect. 2 Combination Plat Combines two tracts into one parcel with One Mixed-Use Building 2.531 Acres N/A to Commercial Development MEETING DATE: Monday, February 1, 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 February 1, 2021 X To: Honorable Mayor and City Council Members From: Robert Buscemi, Interim Community Development Director Date: Submitted on January 26, 2021 for the February 1, 2021 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plat as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. 1. The Plat described herein combines two tracts into one parcel. Tract 1 consists of 1.248 acres and is located at 840 Mayfield Road. Tract 2 consists of 1.283 acres and is located at 850 Mayfield Road. The resulting parcel will consist of 2.531 acres and will have an address of 850 Mayfield Road. Both parcels are zoned T4 Open. A mixed-use building and associated parking currently overlap the two tracts and this Combination Plat will enable this entire development to be located on one parcel. Funding and Fiscal Impact: None. Alternatives: Do not approve. Consent Agenda Plats Staff Memo Page 2 of 4 Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. 850 Mayfield Road (Town Center East) LL 1134 Dist. 2 Sect. 2 Combination Plat Combines two tracts into one parcel with One Mixed-Use Building 2.531 Acres N/A to Commercial Development Consent Agenda Plats Staff Memo Page 3 of 4 Consent Agenda Plats Staff Memo Page 4 of 4 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 25, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing Tim Lester For His Outstanding Character and Contributions to our Community in and around Milton, GA. MEETING DATE: Monday, February 1, 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 February 1, 2021 Recognizing Tim Lester’s Character and Contribution to Milton WHEREAS, the late Tim Lester was a stalwart leader, inspiring humanitarian, and beloved coach in his adopted hometown of Milton; and WHEREAS, Lester grew up in Miami 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 10th round, kickstarting an 8-year professional career as a fullback and special teams standout in L.A., 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 his community, being named 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; 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, King’s 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. Given under our hand and seal of the City of Milton, Georgia on this 1st day of February 2021. _________________________________ Joe Lockwood, Mayor CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 25, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation recognizing Sudie AM Gordon for Her Years of Service to the City of Milton, GA MEETING DATE: Monday, February 1, 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 February 1, 2021 X X Recognition of Sudie Gordon For Her Years of Service to the City of Milton, GA WHEREAS, we are here today to express our appreciation to the incomparable Sudie AM Gordon, who has always been helpful, always been knowledgeable, and always looked out for the best interest of citizens, staff and 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’s City Clerk on January 6, 2010; and WHEREAS, she managed five municipal elections, served as the staff liaison to the Milton Disability Advisory Committee, and provided enthusiastic, knowledgeable support to the Mayor and Council members; and WHEREAS, Sudie attended over 400 City Council meetings – while collecting, organizing and composing just as many agendas, packets & minutes; 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, in publications, on social media; and WHEREAS, Sudie has consistently demonstrated a generous spirit, tireless work ethic, and 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. NOW, THEREFORE, we, as Milton’s Mayor and City Council, hereby proclaim Monday, February 1, 2021 as: “Sudie AM Gordon Day” in the City of Milton and urge all 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. PROCLAIMED and given under my hand and Seal of the City of Milton this 1st day of February 2021. ________________________________ Mayor Joe Lockwood CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 25, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Discussion of the Potential Continuation of the Transportation Special Purpose Local Option Sales Tax (TSPLOST) for the years 2022 - 2027 MEETING DATE: Monday, February 1, 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 February 1, 2021 To: Honorable Mayor and City Council Members From: Steven Krokoff, City Manager Date: Submitted on January 28, 2021 for the February 1, 2021 Regular City Council Meeting Agenda Item: Discussion of the Potential Continuation of the Transportation Special Purpose Local Option Sales Tax (TSPLOST) for the years 2022 - 2027 _____________________________________________________________________________________ Department Recommendation: Option (a): 0.75% rate with 0% to transit and an anticipated $500M in Net Proceeds to the Cities Executive Summary: With the current Transportation Special Purpose Local Option Sales Tax (TSPLOST) approaching its conclusion in April 2022, Fulton County is exploring its Cities’ interest in renewing the tax for another 5-year period (2022-2027). Fulton County is asking each elected body to reach an informal consensus for their February 5, 2021, scheduled meeting to discuss the issue. The accompanying handout identifies three options outlined by Fulton County on the final page. The three options are as follows: a. Rate: 0.75% Transit Percentage: 0% Anticipated Net Proceeds to Cities: $500M b. Rate: 0.75% Transit Percentage: 0.25% Anticipated Net Proceeds to Cities: $300M c. Rate: 1% Transit Percentage: 0.25% Anticipated Net Proceeds to Cities: $500M The County has indicated that it will move forward with a referendum to extend TSPLOST in November 2021, so long as it receives support from the elected leaders representing 60% or more of the population, excluding the City of Atlanta. Funding and Fiscal Impact: TBD Alternatives: Legal Review: Concurrent Review: Attachment(s): Fulton County handout | FULTON COUNTY TRANSIT MASTER PLAN In lieu of renewing the current 0.75-cent TSPLOST, the County could pursue a legislative change to allow a full 1-cent sales tax (as allowed in other Georgia counties). A full 1% sales tax would yield approximately $700 Million over five years and would allow the cities to maintain a similar level of funding to the current TSPLOST for local projects as well as the necessary transit funding. DECEMBER 2020 In January 2018, the Fulton County BOC in coordination with the Mayors of the County’s 14 municipalities outside of the City of Atlanta adopted the Fulton County Transit Master Plan. In May 2019, the BOC in coordination with the cities, amended the County’s short-term plan and reaffirmed South Fulton Parkway and GA 400 as the priority transit corridors. Through previous discussions, MARTA has agreed to fund the maintenance and operations for transit along South Fulton Parkway and GA 400 as part of the existing 1-cent sales tax. To move these projects toward implementation a local commitment is required to help fund the necessary capital improvements. Renewal of the County’s TSPLOST (Transportation Special Purpose Local Option Sales Tax) provides an avenue for the County and Cities to provide up to 50% of the capital funds needed to advance transit in South and North Fulton County. PROJECT FUNDING INTRODUCTION 1-CENT TSPLOST OPTION NORTH FULTON COUNTY +/- 394K 66.3% $358M $350M 42% POPULATION (2018) % OF FULTON COUNTY POPULATION OUTSIDE ATLANTA ESTIMATED TSPLOST II REVENUE ESTIMATED BRT CAPITAL COST % OF TSPLOST II FUNDS NEEDED TO FUND 50% BRT CAPITAL COST BASIS FOR TSPLOST DISTRIBUTION BASED ON POPULATION | FULTON COUNTY TRANSIT MASTER PLAN DECEMBER 2020 POTENTIAL REFERENDUM TIMELINE On May 24, 2016, Fulton County voters reauthorized the education sales tax, ESPLOST, to raise up to $976 million for new school construction, building additions and renovations, technology innovations, transportation upgrades and safety improvements throughout the Fulton County School System. The tax began collections on July 1, 2017, and will expire on June 30, 2022, unless voters approve another five-year extension. While timing of a Fulton County ESPLOST renewal is unknown at this point, the TSPLOST would need to be on the November 2021 ballot. POTENTIAL REFERENDUM DATETIMELINE TABLE JURISDICTIONS DEVELOP PROJECT LIST JURISDICTIONS ADOPT PROJECT LIST OFFICIAL MEETING TO DISCUSS PROJECT LIST AND INTERGOVERNMENTAL AGREEMENT EXECUTED RESOLUTION SIGNED BY COUNTY AND FORWARDED TO ELECTION SUPERINTENDENT INCLUDING TRANSIT FEBRUARY - MAY JUNE JULY BY AUGUST 2 NOV 2021 | FULTON COUNTY TRANSIT MASTER PLAN DECEMBER 2020 NEXT STEPS DECISIONS TO BE MADE SHOULD FULTON COUNTY USE A PORTION OF A 2022-2027 TSPLOST TO FUND PRIORITY TRANSIT PROJECTS IN SOUTH AND NORTH FULTON? 0.75% TSPLOST WITH NO TRANSIT +/- $500 M DISTRIBUTED TO CITIES BY POPULATION 0.75% TSPLOST WITH TRANSIT +/- $200 M FOR TRANSIT +/- $300 M DISTRIBUTED TO CITIES BY POPULATION 1% TSPLOST WITH TRANSIT +/- $200 M FOR TRANSIT +/- $500 M DISTRIBUTED TO CITIES BY POPULATION DEVELOP TSPLOST II PROJECT LIST SHOULD FULTON COUNTY RENEW TSPLOST TO CONTINUE BEYOND MARCH 30, 2022?1 2 3 a 4 a 3 b 3 cBY EARLY 2021DECISION TIMELINE FEBRUARY - MAY 2021SEEK LEGISLATIVE AMENDMENT IN EARLY 2021 AND DEVELOP TSPLOST II PROJECT LIST 4 b CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 25, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia to Amend Chapter 2, Article VI, Division 11 and Article VIII, Division 4 of the Code of Ordinances of the City of Milton, Georgia, to Align the Sections with Regards to Conducting Business with City Employees and Officials MEETING DATE: Monday, February 1, 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 February 1, 2021 X To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on January 26, 2021 for First Read on the February 1, 2021 Regular City Council Meeting and Unfinished Business on the February 17, 2021 Regular City Council Meeting Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia to Amend Chapter 2, Article VI, Division 11 and Article VIII, Division 4 of the Code of Ordinances of the City of Milton, Georgia, to Align the Sections with Regards to Conducting Business with City Employees and Officials _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: Staff has identified a conflict between the information outlined in Sec. 2 -626(a)(2): Purchasing Functions and that outlined in Sec. 2-848(b)(5) Conflict of Interest Transactions. To align these sections and clarify the city’s policy with regards to conducting business with city employees or officials, the attached revisions are being recommended. By adopting these revisions, the ordinance will make it clear that the city cannot engage in business with city employees or officials except in the very limited circumstances identified in the amended version of Sec. 2-848(b). This will bring the current purchasing policy in line with the ethics policy so there is no conflicting language in the two sections. It is also believed that clarifying these two codes will ensure the city remains compliant with O.C.G.A. § 16-10-6, which, except under narrow exceptions, makes it illegal for an employee or officer of a political subdivision to sell real or personal property to the political subdivision. Alternatives: Other Council directed action. Legal Review: Ken Jarrard, Jarrard & Davis – January 21, 2021 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance Revisions STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE VI, DIVISION 11 AND ARTICLE VIII, DIVISION 4, OF THE CODE OF THE CITY OF MILTON, GEORGIA, TO ALIGN THE SECTIONS WITH REGARDS TO CONDUCTING BUSINESS WITH CITY EMPLOYEES AND OFFICIALS. The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the 17th day of February 2021 at 6:00 p.m., as follows: WHEREAS, the City has adopted a formal Procurement Policy and Ethics Policy, codified in Chapter 2, Article VI, Division 11 and Article VIII, Division 4 respectively, of the City’s Code of Ordinances; and, WHEREAS, the City desires to revise its Purchasing Policy and its Ethics Policy to modify language to align with each section; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: 1. That Chapter 2, Article VI, Division 11, Sec. 2 -626(a)(2) and Chapter 2, Article VIII, Division 4 of the Code of the City of Milton, Georgia is hereby amended by incorporating the amendments shown in the document attached hereto and incorporated herein by reference as “Exhibit A.” 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. 3. That this Ordinance shall become effective upon its adoption. SO ORDAINED this 17th day of February 2021. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________ Tammy Lowit, City Clerk (Seal) Exhibit A STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE VI, DIVISION 11 AND ARTICLE VIII, DIVISION 4, OF THE CODE OF THE CITY OF MILTON, GEORGIA, TO ALIGN THE SECTIONS WITH REGARDS TO CONDUCTING BUSINESS WITH CITY EMPLOYEES AND OFFICIALS. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on February 17, 2021 at 6:00 p.m. as follows: SECTION 1 Article VI, Division 11, Sec. 6-626(a)(2) – Purchasing Functions (a) Source selection. Except as provided in this section, all vendor selections shall be made by the purchasing office. When making the vendor selection, the purchasing office will choose the lowest, best, responsible, responsive vendor. It is recognized that exceptional requirements may dictate that the USER is instrumental in selecting vendors. In such cases, it is necessary that this need be transmitted to the purchasing office with sufficient documentation as to the reason for the exception. This must be done in advance of any firm negotiations or commitment with the vendor. (1) In determining where to purchase products and services based on competitive prices and costs incurred in obtaining the purchase, the city sh all purchase locally when all of these requirements are equal. (2) The city shall not make purchases of products or services from city employees or councilmembers or from businesses owned by members of these two groups unless specifically approved by the city council. The city shall have the right to piggyback from other city, county, local authority and board of education contracts if the vendor will extend the same prices, terms, and conditions to the city. This source selection shall only be available where competition was used by the other agency to secure the contract and only for a period of 12 months following entry, renewal or extension of the contract by the other agency. This provision shall not apply for any contract where state law mandates the city utilize its own competitive procurement process. SECTION 2 Article VIII, Division 4, Sec. 2-848 – Conflict of Interest Transactions (a) No city official or employee shall engage in any business or transaction or have a financial or other monetary interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties, except consistent with the disclosure and abstention provisions set forth herein. Additionally, no city official or employee shall vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) The City of Milton shall not enter into any contract involving services or property with a city official or employee or with a business entity in which the city official or an employee has an interest. Provided that the disclosure and abstention provisions se t forth herein are followed, this paragraph shall not apply to the following: (1) The designation of a bank or trust company as a depository for city funds; (2) The borrowing of funds from any bank or lending institution which offers competitive rates for such loans; (3) Contracts entered into with a business which employs a consultant, provided that the consultant's employment with the business is not incompatible with this article; (4) Contracts for services entered into with a business which is the only available source for such goods or services.; and (5) Contracts entered into under circumstances that constitute an emergency situation, provided that a record explaining the emergency is prepared by the council and submitted to the city manager (or his/her equiv alent) to be kept on file. CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 28, 2021 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, February 1, 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: __________ X X X February 1, 2021 X 1 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 E FFECTIVE 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 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, 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 March 9, 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 2 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 February 7, 2021; WHEREAS, it is the intention of the City of Milton to readopt and reinstitute the Emergency Ordinance effective February 7, 2021 and extending through March 9, 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 February 7, 2021 until 11:59 p.m. on March 9, 2021; SECTION 3. That Sections 4, 5 and 7 of the March 20, 2020 Emergency Ordinance are renewed and extended; 3 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 premis e 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. That during the effective date of Emergency Ordinance, it is the expectation of the Mayor and Council that all agencies of the City w ill 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 authoriz e 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 8. This New Emergency Ordinance shall become effective and operational commencing February 7, 2021 and shall expire at 11:59 p.m. on March 9, 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) 4 councilmembers of the City Council. SO ORDAINED this ___st day of February 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 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 26, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution and Ordinance Amending Section 3.22(b)(10) - Powers and Duties of the Mayor and Section 7.18 - Charter Commission of the Charter for the City of Milton, Georgia MEETING DATE: Monday, February 1, 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: __________ February 1, 2021 X X X X To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted January 26, 2021for the February 1, 2021 Regular City Council Meeting Agenda Item: Consideration of a Resolution and Ordinance Amending Section 3.22(b)(10) - Powers and Duties of the Mayor and Section 7.18 - Charter Commission of the Charter for the City of Milton, Georgia _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: There are two proposed revisions to the Charter: the first clarifies how council agendas are set and the second addresses the requirement to assemble a Charter commission every 5 years. In Section 3.22(b) – Powers and duties of mayor, we are proposing that internal policies that are duly approved by the mayor and council shall direct the setting of council agendas since something this granular doesn’t seem worthy of being in the Charter. Once this revision is approved, we will be bringing forward an ordinance amendment to Chapter 2, Sec. 2-54 for council consideration during the March 2021 council meetings. Below is what the proposed ordinance amendment will be: Sec. 2-54. - Agenda. The city manager and city clerk shall prepare an agenda of subjects to be acted on for each meeting, with the mayor, city manager, city attorney, and the joint request by two council members able to add an item to the agenda. Council agenda items shall be submitted consistent with the agenda order of business in section 2-53. The agenda shall be made available to the city council at least one business day before every city council meeting. (1) Changing the agenda. The order of the agenda may be changed during a meeting by a majority vote of the city council. An item that was not on the published agenda may be added to the agenda by a majority vote of the city council if the item becomes necessary to address during the meeting. An existing item may be removed from the agenda by the majority vote of the city council. Items for consideration by the city council must be placed on city council meeting or work session agendas on or before 5:00 p.m. no less than three working days prior to the scheduled meeting or work session. A late addition to the published agenda shall not be allowed except in the case of an emergency situation, which shall be defined as a sudden, unforeseen happening which requires immediate action to correct or to protect lives and/or property. In Section 7.18 – Charter Commission, we are proposing to revise the language requiring that every 5 years, a Charter commission be assembled. While a recurring look at the Charter is an effective tool for addressing the foundational issues of a new city , there’s a point in which the value diminishes. The previous Charter commissions have served the city well and they’ve done such an impressive job with their review and revisions that we’re concerned we’ve reached the point of diminishing values. The proposed amendment to this section allows for the mayor and council to call for a Charter commission when they deem it necessary. The procedures to amend the Charter as an incident to the city’s home rule power indicate that the council must adopt an ordinance at two consecutive regular council meetings. This will be before the council for consideration at the February 1, 2021 and the February 17, 2021 meetings. Funding and Fiscal Impact: N/A Alternatives: None Legal Review: Ken Jarrard, Jarrard & Davis (1/22/21) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Resolution and Ordinance 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION/ORDINANCE NO. ______ A RESOLUTION AND ORDINANCE AMENDING THE CHARTER FOR THE CITY OF MILTON, GEORGIA WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of Georgia to provide by law for the self-government of municipalities, which the General Assembly has done with The Municipal Home Rule Act of 1965, O.C.G.A. § 36 -35-1, et seq.; and WHEREAS, O.C.G.A. § 36-35-3 provides that the governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions and regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto; and WHEREAS, O.C.G.A. § 36-35-3 provides that a municipal corporation may, as an incident of its home rule power, amend its charter, except where prohibited pursuant to O.C.G.A. § 36-35-6; and WHEREAS, the Council desires to amend the Charter of the City of Milton so as to clarify that the meeting agendas prepared by the Mayor shall include all business submitted pursuant to the internal rules of City Council procedures as adopted by the Mayor and Council ; and WHEREAS, the Council additionally desires to amend the Charter of the City of Milton to establish that the Mayor and City Council, when necessary, may call for a Charter Commission to review and make recommendations for any City Charter changes, subject to any limitations that may be imposed by the Mayor and City Council as to which portions of the Charter may be reviewed; and WHEREAS, the modifications provided for in this Resolution and Ordinance may be lawfully completed by home rule; and WHEREAS, O.C.G.A. § 36-35-3 provides that, in order to amend its charter, a municipal corporation must duly adopt ordinances at two regular consecutive meetings of the municipal governing authority, not less than seven (7) nor more than sixty (60) days apart; and WHEREAS, pursuant to O.C.G.A. § 36-35-3, a notice, containing a synopsis of the proposed amendment and stating that a copy of the proposed amendment is on file in the office of the City Clerk and in the Office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public, shall be published in the official organ of the county of the legal situs of the municipal corporation or in a newspaper of general circulation in the municipal corporation once a week for three weeks within a period of 60 days immediately preceding its final adoption; and 2 WHEREAS, pursuant to O.C.G.A. § 36-35-3 a legal ad identifying this Home Rule charter revision was published in the City’s legal organ, The Milton Herald, for the weeks beginning January 25, 2021, January 31, 2021, and February 7, 2021; and WHEREAS, those requirements applicable to amendments to the charter of a municipal corporation by a resolution or ordinance duly adopted by the municipality’s governing authority as set forth in O.C.G.A. § 36-35-3 have been met and satisfied, and, specifically, notice of the consideration of this Resolution and Ordinance has been advertised and this Resolution and Ordinance has been duly adopted by the governing authority at two regularly consecutive meetings in compliance with O.C.G.A. § 36-35-3; and WHEREAS, in this Resolution and Ordinance, text that is underlined/bolded shall represent additions to the Charter; text that is stricken-through shall represent deletions from the Charter; and WHEREAS, a majority of the Council deems it to be in the best interests of the citizens of the City of Milton that the Act be further amended. NOW THEREFORE, the Council of the City of Milton hereby ordains and resolves that the Charter of the City of Milton shall be amended as follows: Section 3.22 Section 3.22(b) – Powers and Duties of Mayor subparagraph (10) is amended as follows: (b) The mayor shall: (10) Prepare or have prepared an agenda for each meeting of the city council which shall include all business submitted pursuant to those internal rules of city council procedures duly adopted by the mayor, any councilmember, the city manager, and the city attorney and council; and Section 7.18. Section 7.18 – Charter Commission is amended as follows: At the first regularly scheduled city council meeting in December, 2011, and every 5 years thereafter, the mayor and city council shall call for a Charter commission to review the city's experience and recommend to the General Assembly any changes to the City Charter. 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 council, when calling for a Charter commission, may provide limitations as to those portions of the Charter that are to be reviewed. Members of the Charter commission shall be appointed as follows: one by the mayor, one by the city council, and one by each member of the Georgia House of Representatives and Senate whose district lies wholly or partially within the corporate boundaries of the City of Milton. All members of the Charter commission must reside in the City of Milton. The commission must complete the recommendations within six months of its creation. 3 SEVERABILITY If any portion of this Resolution and Ordinance or the application thereof shall be held invalid or unconstitutional, the other provisions of this Resolution and Ordinance shall not be affected, and thus, the provisions of this Resolution and Ordinance are declared severable. REPEALER Any other Ordinance, Resolution, or local law, or portion thereof, now in effect, that is in conflict with any of the provisions of this Resolution and Ordinance is hereby repealed. EFFECTIVE DATE This Resolution and Ordinance shall become effective when all required documents have been filed with the Secretary of State and in the Office of the Clerk of Superior Court of Fulton County as required by O.C.G.A. § 36-35-5. ADOPTION AT TWO CONSECUTIVE MEETINGS This Resolution and Ordinance was adopted at two (2) regular consecutive meetings of the Council of the City of Milton held on the 1st day of February, 2021 and the 17th day of February, 2021, as required by O.C.G.A. § 36-35-3. BE IT SO RESOLVED AND ORDAINED, the public’s health, safety, and welfare demanding it, this ___ day of ____________________, 2021, by the Council of the City of Milton, Georgia. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) 3 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 premis e 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. That during the effective date of Emergency Ordinance, it is the expectation of the Mayor and Council that all agencies of the City w ill 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 authoriz e 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 8. This New Emergency Ordinance shall become effective and operational commencing February 7, 2021 and shall expire at 11:59 p.m. on March 9, 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) 4 councilmembers of the City Council. SO ORDAINED this ___st day of February 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 CITY COUNCIL AGENDA ITEM TO: City Council DATE: January 25, 2021 FROM: Steven Krokoff, City Manager AGENDA ITEM: Resolution Appointing Tammy L. Lowit as the City Clerk of the City of Milton, GA MEETING DATE: Monday, February 1, 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 February 1, 2021 X Page 1 of 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING TAMMY L. LOWIT AS THE CITY CLERK FOR THE CITY OF MILTON, GA EFFECTIVE FEBRUARY 1, 2021 The Council of the City of Milton hereby resolves while in a regular called session on the 1ST day of February 2021 at 6:00 pm.: SECTION 1. That the position of Milton City Clerk is vacant as of February 1, 2021 due to the retirement of current City Clerk, Sudie AM Gordon; SECTION 2. That Tammy L. Lowit was selected by the Mayor and Council as the new City Clerk on February 1, 2021; SECTION 3. That Tammy L. Lowit is hereby appointed with all the duties of the City Clerk as set forth in Article IV, Section 4.13 of the City Charter; SECTION 4. That this appointment is effective February 1, 2021; SECTION 5. That this Resolution shall become effective upon its adoption. RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this 1st day of February 2021. Approved: ____________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie AM Gordon, City Clerk (Seal)