Mayor & Commission Meetings

LEGISLATIVE REVIEW COMMITTEE Thursday, February 27, 2020 Committee Members Present: Committee Members Absent: Commissioner Allison Wright, Committee Chair Commissioner Mariah Parker Commissioner Russell Edwards Commissioner Ovita Thornton Commissioner Mike Hamby Visitors: David Bradley Jake Drukman Norm Scholz Staff: Deborah Lonon, Assistant Manager Angel Helmly, Central Services Sherrie Hines, Assistant Attorney Stephen Bailey, Transportation & Public Works Michael Petty, Assistant Attorney Suki Janssen, Solid Waste Lt. Aubrey Epps, Police Department Joe Dunlop, Solid Waste Sgt. Laura Lusk, Police Department Korey Jones, Solid Waste Kent Kilpatrick, Leisure Services Cary Ritzler, Office of Sustainability Andrew Saunders, Central Services Sarah George, Recorder Committee Chair Wright called the meeting to order at 1:02 p.m. A. Approval of Minutes: Commissioner Thornton made a motion to approve the January 23, 2020 Minutes, and Commissioner Edwards seconded. The motion passed by unanimous vote. Commission Identified Items of Interest: Consideration of establishing a minimum drink price for downtown bars as recommended in the Downtown Public Health Study (Mayor Girtz assigned to LRC on January 8, 2019) Staff provided five handouts to the Committee regarding this topic, including:  Memorandum from the Athens-Clarke County Police Department detailing their recommendations;  Proposed Handling Permit Draft Ordinance;  Proposed Dram Shop Insurance Draft Ordinance;  Proposed Alcohol Training Ordinance; and  Proposed Alcohol Definition Amendment to the Ordinance. Commissioner Edwards expressed concern with the second paragraph of section 3a of the proposed handling permit draft ordinance section that prohibits anyone with a prior conviction pertaining to possessing a fake ID from obtaining a handling permit, as well as section 3c, which requires proof of legal resident status for one year prior to application. Commissioner Wright questioned why legal resident status was included as a requirement, and Michael Petty explained that the proposed handling permit draft ordinance was created based on recommendations from the Police Department and contains a number of items that had  previously not been discussed in Committee. Petty noted that he also provided a much briefer ordinance that just included the training requirements. Commissioner Edwards questioned what enforcement procedures would be triggered if the training provisions were not followed. Michael Petty explained any violation of the chapter could result in administrative action against the licensee through an administrative hearing. Sgt. Lusk clarified that the handling permit ordinance was drafted solely as a recommendation, and the Police Department was open to changes from the Committee, including modification of the prohibitions outlined in the ordinance related to prior convictions. Commissioner Edwards recalled previously requesting inclusion of a revocation review subsequent to a felony conviction. Michael Petty explained that there are currently mechanisms in place for this within the existing ordinance depending on the charge; however, this is difficult pre-conviction, as the Attorney’s Office would have to prove the allegations in the administrative hearing as the basis for the revocation. He further noted that it is easier to deny renewal of a license than to revoke it, since there is less of a property right with renewal. Commissioner Hamby expressed concern that bar owners may be unaware of the proposed changes, including the handling permit requirements, and questioned if they had been discussed with bar owners. Sgt. Lusk explained that the proposed training requirements were discussed at the Alcohol Safety meeting. Commissioner Wright expressed interest in moving the training ordinance out of Committee to the full Mayor and Commission for additional public input. The Committee discussed the proposed dram shop insurance requirements. Commissioner Hamby asked how much the dram insurance would cost, and Commissioner Edwards asked for information on the current policy for dram insurance, if a requirements already exists. Sgt. Lusk explained we do not currently require dram shop insurance. Commissioner Hamby explained he was not clear on the purpose of dram shop insurance. Sgt. Lusk explained it protects the citizens that are using these establishments from various things, like DUIs and over-serving. This is specific to certain incidents. Michael Petty noted that, from his review of ordinances, he did recall that some municipalities, like Statesboro and Savannah require dram shop insurance, while others in our state do not. Commissioner Edwards asked Norm Scholz about his knowledge of dram shop insurance. Mr. Scholz explained that from his knowledge it protects the business owner more so than the consumer, and he explained that it is typically part of the liability insurance process. Commissioner Edwards requested clarity from staff on what dram shop insurance is, what it specifically provides coverage for, how it’s distinct from other insurance, and the range of costs. Commissioner Wright added that she would also like more information on how coverage will be proven and information on penalties for noncompliance. Michael Petty explained that when the owner was seeking application, proof of dram shop insurance coverage would have to be provided. Commissioner Hamby made a motion to send a report that captured all elements of the package, including minimum drink price, training ordinance, dram shop insurance ordinance, handling permit ordinance, and the Police Department recommendation memo, to the full Mayor and Commission for acceptance at the April voting meeting. After feedback and public input, the Committee will then seek to have the ordinance changes go back to Mayor and Commission for approval at the May voting meeting. Commissioner Thornton seconded the motion. The motion passed by unanimous vote. Legislative Review Committee Meeting Minutes Page 2 022720  Review of LEED Certification Program (Mayor Girtz assigned to LRC on January 8, 2019) Andrew Saunders summarized past discussion on the proposed draft Sustainable Building Policy. Previously, Andrew Saunders had provided the Committee with a policy proposal for public buildings, and the Committee requested staff:  Add language to note the policy applies for any building that receives public funding;  Provide a redlined document of the policy to compare how the proposal compares to the existing policy; and  Obtain public input. Andrew reviewed the redlined document provided to the Committee and highlighted the flow chart detailing the Sustainable Building Policy Application presented on page 13. If the Committee would like the policy applied to private projects that receive public funding, as was previously discussed, he would recommend a floor of at least 35% of total site development costs in those instances. This would need to be applied to new construction, because we may encounter tenant-type developments, where it would be functionally difficult to require a total complex to meet a third-party standard when it is only a small portion of one tenant that would be driving the policy. Commissioner Hamby asked for clarification on the reference to local government funding for private entities. Andrew Saunders explained that the funding could be from tax abatement or a direct development incentive that is used to grow or expand an employer. Commissioner Hamby and Commissioner Edwards questioned if this policy would apply to authorities that receive public dollars. Andrew explained that he would not recommend this policy as written; however, he drafted it to meet the Committee request to have some application of the policy to the private sector when public dollars are invested. He elaborated that he would have to lean on the Attorney’s Office to provide guidance on whether or not it would apply to authorities receiving public dollars, but he believes, as written, the policy would likely apply to authorities, like the ADDA, that are quasi-government. Commissioner Hamby asked Andrew Saunders for his recommendation to move forward. Andrew recommended the Committee refine and adopt a policy for public facilities, which is what the current policy addresses, and defer discussion on private sector development and include it in an incentive package that can be part of the Community Energy Fund. As dollars would be made available through this funding, a direct discussion can then take place with a developer regarding an incentive that could be tied to a performance outcome. Cary Ritzler outlined the public engagement for the policy. She explained a survey was developed and disseminated for the month of December. The survey asked a wide-range of questions on sustainable building and was shared on the ACCGov Sustainability Office Facebook page, as well as emailed to several stakeholder groups, including the Athens Chamber of Commerce, the Northeast Georgia Business Alliance, local advocacy groups, and community leaders. It received a total of 174 responses. Ms. Ritzler noted that the demographics of the survey are not reflective of the community and were likely the opinions of people who are pretty engaged on this issue. Overall, there was a lot of support for sustainability in general, third-party review of some sort, and expanding outside of the LEED system to accept other systems. 66% of people selected energy efficiency as an area of they would prioritize. Commissioner Hamby asked staff how many business owners responded to the survey, and Cary Ritzler explained that information was not obtained, as it was anonymous. She clarified that the survey did, however, note the participants’ relationship to Athens-Clarke County Legislative Review Committee Meeting Minutes Page 3 022720  (student, resides in ACC, ACCGov employee, works in ACC, or lives nearby). Commissioner Hamby noted that if we move forward in a direction like this, we may want to consider further granularity, which may help to clarify level of support for options like an incentive-based approach. Andrew Saunders then explained another round of engagement was performed to obtain some more focused feedback on the draft policy. The Sustainability Office met with staff, and staff generally noted no concern. The previous Economic Development Director, however, expressed concern in how this policy would be used in business recruitment and retention discussions. David Bradley elaborated on the perspective of the business owner and the possible impact the policy could have on recruitment and retention. Mr. Bradley noted that we would want to ensure that ACC is a place where businesses look to grow and expand, and this means we would want to make sure the barriers to expansion and growth in the community are not an over- encumbrance on small businesses. As written, this policy could be viewed as a barrier to recruitment, as the perception alone could be marketed against ACC when competing for prospective business. Mr. Bradley explained an incentive-based option seems to be much more meaningful to the business owner. Commissioner Hamby made a motion to have Andrew Saunders return to the Committee with another policy that is specific to ACCGov buildings, staying within the scope and have private development become a focal point around the discussion of the Community Energy fund. Commissioner Thornton seconded the motion. The motion passed unanimously. Sustainability Office staff will bring a revised policy back to the Committee for discussion at the next meeting. Update: Motorized Vehicles on Multi-Use Paths (Mayor Girtz assigned to LRC on January 8, 2019) Sherrie Hines gave the Committee a brief update that SB 159, a bill which would clear up our right to regulate this, passed in the Senate, but we are still waiting to see if it passes in the House. Athens in Motion have finished their review and sent Sherrie the report on motorized vehicles which weighs the pros and cons and includes research on safety issues. Sherrie will provide that report to the Committee for discussion next meeting. Review and make recommendations regarding current alcohol serving opportunities for Special Events on public properties and public rights-of-way (both free public activities and ticketed events), including flexibility regarding shape and size requirements of drinking areas, food service requirements, furniture requirements, and consideration of the ratio of police officers required per physical size or occupancy, as well as review of areas managed by Leisure Services that may be available for Special Events that serve alcohol (Mayor Girtz assigned to LRC on February 4, 2020) Commissioner Hamby expressed interest in exploring opportunities to allow an open container for special events, possibly using wrist bands or special cups. Captain Epps outlined enforcement for special events. He explained he is a supporter of modifying the ordinance based on his extensive experience downtown. From a public safety standpoint, the biggest issue that he has seen was crowding of people in small tents, which can cause difficulty in extricating people with health emergencies or those that may be impaired to a significant level, as well as difficulty with pursuing people who commit criminal acts against the participants of those events. He further noted he is not supportive of a block party or a festival district that Legislative Review Committee Meeting Minutes Page 4 022720  would open up an entire street year-round, as it could exacerbate existing problems in the downtown district. For events like Twilight, it would likely be impossible to permit an open container throughout the entire event due to the footprint being too large. With the current ordinance separation requirements, the shape and fencing requirements cause hazards. In speaking with the event coordinators, from his perspective, it would be safer to provide freedom of movement in a defined space on the block. Defining the area from curb to curb or sidewalk to sidewalk is more desirable. Commissioner Wright questioned whether or not the Committee would like to split the Leisure Services portion of the discussion off from the festivals discussion, as it is a different ordinance. Commissioner Hamby responded that the Committee should focus only on the downtown special events portion of the ordinance. Commissioner Wright asked if there were any areas of the Leisure Services portion that they would like updated. Kent Kilpatrick advised that the current ordinance was working well for them. Leisure Services doesn’t get a lot of requests to serve alcohol, but they do on occasion. He would, however, like some clarification from the Attorney’s Office on a concern raised by a private licensed caterer. The caterer advised it was against the law for them to sell alcohol by the cup, and they were only permitted to be hired for an event at a flat rate to provide it for free. Commissioner Wright requested some clarification on this for the next meeting to help determine what needs to be updated. Angel Helmly described the food service and furniture requirements that apply whenever there is a beer garden. Two sized cafés are available for special events, for either 150 or 300 people. They are also required to have seating for every person they allow in and must provide food service. Commissioner Wright requested staff return to the Committee with recommendations to improve the ordinance based on their experiences. Schedule/Agenda Changes The next LRC meeting is scheduled for April 2, 2020 at 1:00 p.m. in City Hall Room 301B. The meeting scheduled for April 2, 2020 was subsequently cancelled due to COVID-19. Commissioner Thornton made a motion to adjourn. Commissioner Edwards seconded the motion, and it passed by unanimous vote. The meeting adjourned at 2:21 p.m. Legislative Review Committee Meeting Minutes Page 5 022720