Muyni
← Back to Athens-Clarke County

Mayor & Commission Meetings

Regular Meeting

Athens-Clarke County, GA · August 4, 2020

AgendaMinutes

Minutes

Due to the COVID-19 pandemic, the August 4 Mayor and Commission session was remote. The meeting was viewed live at www.accgov.com/videos, on YouTube at www.youtube.com/accgov, on Facebook at www.facebook.com/accgov, and on ACTV Cable Channel 180 or the live ACTV stream at www.accgov.com/actvlive Unified Government of Athens-Clarke County, Georgia Mayor and Commission Tuesday, August 4, 2020 6:00 p.m. City Hall/WebEx The Unified Government of Athens-Clarke County, Georgia met this date in regular monthly session. Present: Mayor Girtz; Commissioners Davenport, Parker, Link, Wright, Denson, Edwards, Herod, Thornton, and Hamby. No one was absent. A motion was made by Commissioner Edwards, seconded by Commissioner Parker, to reconsider action of July 30, 2020 with regard to the sixth declaration of a local state of emergency related to COVID- 19. The motion passed by unanimous vote. A motion was made by Commissioner Denson, seconded by Commissioner Herod, to approve Minutes of meetings of Tuesday, July 7; Thursday, July 9; Tuesday, July 14; Tuesday, July 21, and Thursday, July 30, 2020. The motion passed by unanimous vote. Written communications There was no written communications. Public hearing and deliberation on recommendations from the Athens-Clarke County Planning Commission. A public hearing was held on request of Kenneth Dious for Annette E. Dious for rezoning from C-G (Commercial-General) and RS8 (Single-Family Residential) to C-G (PD) (Commercial-General, Planned Development) on 0.67 acres known as 2015 West Broad Street. This will require an amendment to the Future Development Map from Traditional Neighborhood to General Business. Type II Planning Commission recommendations: Future Development Map: Approve (7-1) Rezoning: Approve w/conditions (7-1) Citizen input The following citizen input was received. 1. Bob Smith – supported A motion was made by Commissioner Link, seconded by Commissioner Edwards, to adopt the following ordinance (#20-08-47) which was presented by title only. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO AMENDING THE OFFICIAL FUTURE DEVELOPMENT MAP OF ATHENS-CLARKE COUNTY BY CHANGING THE DESIGNATION OF A PORTION OF A PARCEL OF LAND LOCATED AT 2015 WEST BROAD STREET FROM TRADITIONAL NEIGHBORHOOD TO GENERAL BUSINESS AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia, hereby ordains as follows: SECTION 1. The Future Development Map referred to in the Code of Athens-Clarke County, Georgia, as specifically identified in Section 9-3-3(A)(2) thereof, is hereby amended by changing the future development map designation of a portion of a parcel of land at 2015 West Broad Street, Athens, Georgia from Traditional Neighborhood to General Business as shown in Exhibit A, which is attached hereto and incorporated herein by reference. The subject parcel is also known as 122C2 F025 on the Athens-Clarke County tax maps, which are on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The date of this amendment to the Official Future Development Map of Athens-Clarke County as shown by Exhibit A shall be duly noted in the minutes of the Commission meeting. The Official Future Development Map and Exhibit A hereto are available for inspection in the office of the Clerk of Commission, 301 College Avenue, Athens, Georgia. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A motion was made by Commissioner Edwards, seconded by Commissioner Parker, to adopt the following ordinance (#20-08-48) which was presented by title only. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO CHANGING AN APPROXIMATE 0.67 ACRE PORTION OF A PARCEL OF LAND LOCATED AT 2015 WEST BROAD STREET FROM C-G (COMMERCIAL-GENERAL) AND RS-8 (SINGLE-FAMILY RESIDENTIAL) TO C-G (PD) (COMMERCIAL-GENERAL, PLANNED DEVELOPMENT);AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The map constituting the component part of the Zoning Ordinance of Athens-Clarke County, Georgia, by virtue of and in compliance with Section 9-3-3 and Section 9-3-6 thereof, is hereby amended by changing the zoning of a portion of a parcel of land located at 2015 West Broad Street and comprising approximately 0.67 acres from C-G (Commercial-General) and RS-8 (Single-Family Residential) to C-G (PD) (Commercial-General, Planned Development) as shown on Attachment A hereto. Said affected parcel of land being is more fully described in the document entitled “Master PD Site Plan,” numbered in the lower right-hand corner as PD-10, most recently revised May 29, 2020, prepared by Charles R. Smith, registered landscape architect, and being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The approximate 0.67 acre portion of land is part of that parcel of land known as Tax Parcel No. 122C2 F025 on the Athens-Clarke County tax maps, being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The date of this amendment to the Official Zoning Map of Athens-Clarke County as shown by Attachment A shall be noted on said Official Zoning Map in the office of the Clerk of Commission at 301 College Avenue, Athens, Georgia, and duly noted in the minutes of the Commission meeting. SECTION 2. The binding master site plan associated with this ordinance and incorporated herein by reference consists of three sheets in total. Each sheet is titled, numbered, and dated in the lower right- hand corner as shown in the table below. Sheet No.: Title: Date (most recent revision): PD-10 Master PD Site Plan May 29, 2020 A-200 Elevations Feb. 24, 2020 PD-20 Preliminary Tree Management Plan May 29, 2020 The binding master site plan is stamped “Binding 7-8-20,” and is on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The binding written report associated with this ordinance consists of sixteen pages in total, inclusive of appendices and attachments, is entitled “Master Planned Development Report, 2015 West Broad, Athens, Georgia,” dated May 29, 2020, and is stamped “Binding 7-8-20.” Said report is on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. SECTION 3. The conditions of zoning associated with this ordinance are as follows: 1. The quick vehicle servicing facility driveway shall have a physical hindrance to restrict turning movements to right-turn-in and left-turn-out. 2. The plaza area shown on the binding master site plan shall comply in all aspects with Section 9- 25-8(F)(2) of the Code of Athens-Clarke County, Georgia. 3. The public sidewalks along the frontage of West Broad Street and Colima Avenue shall be within the public right-of-way. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on request of Smith Planning Group Owner: G2 Classic Properties Request, for Special Use in C-G (Commercial-General) and RM-2, A (Mixed Density Residential, Airport Overlay) to C-G (PD) (Commercial-General, Planned Development) and RM-2, A (PD) (Mixed Density Residential) on 1.68 acres known as 594 Oconee Street. Type I Planning Commission recommendation: Approve w/conditions (unanimous) Citizen input The following citizen input was received. 1. Ed Lane – supported A motion was made by Commissioner Wright, seconded by Commissioner Link, to adopt the following ordinance (#20-08-49) which was presented by title only. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO REZONING A PARCEL OF LAND COMPRISING APPROXIMATELY 1.68 ACRES AND LOCATED AT 594 OCONEE STREET FROM SPECIAL USE IN C-G (COMMERCIAL- GENERAL) & RM-2, A (RESIDENTIAL MIXED-DENSITY, AIRPORT OVERLAY) TO C-G (PD) (COMMERCIAL-GENERAL, PLANNED DEVELOPMENT) AND RM-2, A (PD) (RESIDENTIAL MIXED-DENSITY, AIRPORT OVERLAY, PLANNED DEVELOPMENT); AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The map constituting the component part of the Zoning Ordinance of Athens- Clarke County, Georgia, by virtue of and in compliance with Section 9-3-3 and Section 9-3-6 thereof, is hereby amended by changing the zoning of a parcel of land located at 594 Oconee Street and comprising approximately 1.68 acres from a special use in C-G (Commercial-General) & RM-2, A (Residential Mixed-Density, Airport Overlay) to C-G (PD) (Commercial-General, Planned Development) and RM-2, A (PD) (Residential Mixed-Density, Airport Overlay, Planned Development) as shown on Attachment A hereto. Said affected parcel of land is more fully described in the document entitled “Master PD Site Plan,” numbered in the lower right-hand corner as PD-1, dated May 29, 2020, prepared by Edward Lane, registered engineer, and being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The parcel comprising the approximate 1.68 tract of land is also known as Tax Parcel No. 171D2 F003A on the Athens-Clarke County tax maps, being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The date of this amendment to the Official Zoning Map of Athens-Clarke County as shown by Attachment A shall be noted on said Official Zoning Map in the office of the Clerk of Commission at 301 College Avenue, Athens, Georgia, and duly noted in the minutes of the Commission meeting. SECTION 2. The binding master site plan associated with this ordinance and incorporated herein by reference consists of eleven sheets in total. Each sheet is titled, numbered, and dated in the lower right-hand corner as shown in the table below. Sheet No.: Title: Date: CVR Cover May 29, 2020 PD-1 Master PD Site Plan May 29, 2020 PD-2 Elevations May 29, 2020 PD-3 Elevations May 29, 2020 PD-4 Annex Elevations May 29, 2020 PD-5 Annex Elevation May 29, 2020 PD-6 4 Bed Exterior Elevations May 29, 2020 PD-6.01 Floor Plan May 29, 2020 PD-7 Building Elevations May 29, 2020 PD-7.01 Floor Plan May 29, 2020 PD-8 Multi-Family Renderings May 29, 2020 This binding site plan is stamped “Binding 7-8-20,” and is on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The binding written report associated with this ordinance consists of twenty pages in total, is entitled “594 Oconee Street, Master Planned Development Application Report,” dated May 29, 2020, and is stamped “Binding 7-8-20.” Said report is on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. SECTION 3. The conditions of zoning associated with this ordinance are as follows: 1. Prior to occupancy, the applicant shall comply in all aspects with Section 9-30-8 of the Code of Athens-Clarke County, Georgia, as it pertains to an off-site parking agreement. 2. Prior to permitting, the applicant shall revise its site plans to show public sidewalks for all street frontages, which shall be in the rights-of-way of the Unified Government of Athens- Clarke County, Georgia. Furthermore, prior to permitting, the applicant shall record a plat showing public sidewalks for all street frontages, which shall be in the rights-of- way of the Unified Government of Athens-Clarke County, Georgia 3. The portion of the affected parcel within the RM-2, A (Mixed-Density Residential, Airport Overlay) district shall be developed either concurrently with the portion of the affected parcel within the C-G (Commercial-General) district, or it shall be developed only after the C-G portion of the affected parcel is complete. The Unified Government of Athens-Clarke County, Georgia, shall not issue certificates of occupancy for the portion of the planned development within the RM-2 district before the Unified Government of Athens-Clarke County, Georgia, issues a certificate of occupancy for the portion of the planned development within the C-G district. 4. The applicant shall revise its binding master site plan to reflect changes in the building elevations as shown in the documents attached hereto. The changes shall be shown on the binding master site plan on Sheets PD-6, PD-6.01, PD-7, PD-7.01, PD-8. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on request from Chris Church for Freedom from Bondage, Inc. for special use in RM-1 (Mixed Density Residential) on .46 acres known as 202, 204, and 206 Highland Park Drive. Proposed use is halfway houses. Type I Planning Commission recommendation: Approve (unanimous) Note: An application for a zoning decision for a halfway house shall follow the Type I procedure in chapter 9-4 and the hearing provisions set forth in O.C.G.A. §36-66-4, which require that the public hearing be held at least six months and not more than nine months prior to the date of final action on the zoning decision. The initial public hearing was conducted Tuesday, February 3, 2020. Citizen input The following citizen input was received. 1. Chris Church – supported A motion was made by Commissioner Herod, seconded by Commissioner Link, to adopt the following ordinance (#20-08-50) which was presented by title only. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA, WITH RESPECT TO SPECIAL USE APPROVAL OF HALFWAY HOUSES IN THE RM-1 (MIXED DENSITY RESIDENTIAL) DISTRICT FOR THREE PARCELS OF LAND LOCATED AT 202, 204, AND 206 HIGHLAND PARK DRIVE COMPRISING APPROXIMATELY 0.46 ACRES IN TOTAL; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The current RM-1 (Mixed Density Residential) District, located at 202, 204, and 206 Highland Park Drive, Athens, Georgia, is hereby amended to provide for special use approval of three halfway houses, with one halfway house approved for each of the three parcels described herein. The subject parcels, which together comprise approximately 0.46 acres, are respectively known as Tax Parcel Nos. 241A2 B004A, 241A2 B004B, and 241A2 B004C on the Athens-Clarke County Tax Map, being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The date of this amendment to the Official Zoning Map of Athens-Clarke County as shown by Attachment A hereto shall be noted on said Official Zoning Map in the office of the Clerk of Commission and duly noted in the minutes of the Commission meeting. The three subject parcels are further described in that certain survey entitled “Survey for Freedom from Bondage, Inc.,” dated November 20, 2019, prepared by R. Shane Carson, Georgia registered land surveyor, and being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. SECTION 2. The binding survey associated with this ordinance and incorporated herein by reference consists of one sheet, entitled “Survey for Freedom from Bondage, Inc.,” dated November 20, 2019, prepared by R. Shane Carson, Georgia registered land surveyor, stamped “Binding 1-14-20,” and is on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The binding written report associated with this ordinance and incorporated herein by reference consists of six pages in total (inclusive of attached photographs), dated September, 2019, signed by Mrs. Chris Church, Program Director for Freedom from Bondage, Inc., stamped “Binding 1-14-20,” and is on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Old business - Consent Items under this section were discussed at prior public meetings and were presented for consideration as a single item. Only one vote was taken. A motion was made by Commissioner Wright, seconded by Commissioner Link, to consent to action on the following nine items. The motion passed by unanimous vote. 1. ADOPT: The following ordinance (#20-08-51) which was presented by title only as per agenda report dated July 8, 2020. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO LOADING ZONES ON CLAYTON STREET AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Section 3-3-15 entitled “Loading Zones” of the Code of Athens-Clarke County, Georgia, subsection (c) is hereby deleted in its entirety and the following new subsection is inserted in lieu thereof: “Sec. 3-3-15. – Loading Zones (c) Washington Street additional regulations. The loading zones on portions of Washington Street between its intersection with Thomas Street and College Avenue and its intersection with Lumpkin Street and Pulaski Street shall be center-lane loading zones as more particularly shown as "Proposed Loading Zones" on Attachment 1 of an ordinance adopted May 6, 2003, and shall have the following additional regulations concerning permitted users of the loading zone. In addition to the provisions of the paragraph (a) above: (1) All delivery vehicles are prohibited from loading or unloading in the center lane within: a. 25 feet on either side of a mid-block crosswalk; b. 50 feet on the approach side of an intersection; or c. 25 feet on the departure side of an intersection, except for 45 feet on Washington Street at Jackson Street. (2) All delivery drivers are required to place safety cones behind their delivery vehicles and in the immediate area of the points of access to the vehicles from the street, or activate flashing hazard lights to alert motorists to the loading or unloading activity that is under way in the center lane. (3) The center lane on Washington Street may be used for loading and unloading 24 hours per day. (4) The use of center lane loading zones on Washington Street shall be limited to vehicles at least 18 feet in length actively engaged in loading or unloading materials.” SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 2. APPROVE: Disposal of surplus vehicles and equipment as per agenda report dated June 22, 2020: a. Disposal of surplus vehicles and equipment declare the Unified Government of Athens-Clarke County (ACCGov)-owned vehicle and equipment described in Facts and Issues #4 and #10 as surplus property and authorize their sale through an internet auction; b. Authorize the donation of the 1991 Kubota backhoe described in Facts and Issues #6 to the City of Winterville; c. Authorize the direct sale of the trucks described in Facts and Issues #8 to Oglethorpe County for the combined price of $6,500; and d. Direct revenues from the sale of the surplus equipment back to the funds where their purchase originated. 3. APPROVE: Participation in the FY2020 State Homeland Security Grant Program as per agenda report dated June 12, 2020: a. The Unified Government of Athens-Clarke County’s (ACCGov) participation as a subgrantee relating to the application for grants under the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) Homeland Security Grant Program (Attachment #1); and b. Authorize the Mayor to execute the Memorandum of Understanding (MOU) Agreement with the Georgia Emergency Management Agency (GEMA) (Attachment #2); and c. Authorize the Mayor to execute the subgrant Agreement for the Homeland Security Grant Program in addition to the MOU agreement (reference Attachment #2, p. 3). 4. APPROVE: The lease agreement (Attachment #1) with Advantage Behavioral Health Systems for property located at 250 Bray Street; and authorize the Mayor and appropriate staff to execute all necessary documents as per agenda report dated June 23, 2020. 5. APPROVE: A work authorization with Western Summit Constructors, Inc. as per agenda report dated June 29, 2020 in the amount of $599,809 for installation of additional wash compactors at the three Water Reclamation Facilities; and authorize the Mayor and appropriate staff to sign all documents related to the work authorization. 6. APPROVE: Approve a design contract in the amount of $271,440.08 relative to the Middle Oconee East Trunk Improvements Project - Phase I as per agenda report dated June 29, 2020; and authorize the Mayor and staff to execute the design contract with the on-call design engineer, Armentrout, Matheny, and Thurmond, for the production of the project design. 7. APPROVE: A work authorization with Western Summit Constructors, Inc. in the amount of $564,176 for the North Oconee Water Reclamation Facility Aeration Basin Improvements; and authorize the Mayor and appropriate staff to sign all documents related to the work authorization as per agenda report dated June 29, 2020. 8. APPROVE: An extension of the Public Outreach Services contract for mPrint Design Studio, Inc. on an annual basis for up to three consecutive years as per agenda report dated June 29, 2020; and authorize the Mayor and appropriate staff to execute the contract documents. 9. APPROVE: National Endowment for the Arts - Our Town Grant application; a. An application for a $100,000 grant through the National Endowment for the Arts (NEA), and accept funding if awarded, for the purpose of creating an Artist residency via the AIR (Artist In Residence) and Space Project as per agenda report dated July 1, 2020; b. Reaffirm the Mayor and Commission support of Arts & Culture in ACC by providing a letter as required for the grant application; and c. Authorize Mayor and appropriate staff to execute all related documents. Old and new business – Discussion A motion was made by Commissioner Denson, seconded by Commissioner Wright, to HOLD until September 1, the award of contract to provide an on-board transit advertising program management services for the Transit Department agenda report dated June 30, 2020. The motion passed by unanimous vote. A motion was made by Commissioner Edwards, seconded by Commissioner Davenport, to approve revised agenda report dated July 27, 2020, TSPLOST 2018 Project 10 - Public art for roundabout at Whitehall Road and South Milledge Avenue; approve the recommendations of the Athens Cultural Affairs Commission for the selection of the public art type and style as shown in Attachment #1 for the Roundabout at Whitehall Road and South Milledge Avenue; and authorize the Mayor and appropriate staff to execute any necessary documents. The motion passed by unanimous vote. A motion was made by Commissioner Edwards, seconded by Commissioner Link, to approve the Infrastructure Element and Capital Improvements Element of the 2020 Update to the Public Utilities Department (PUD) Service Delivery Plan; and approve the Infrastructure Element and Capital Improvements Element of the 2020 Update to the PUD Service Delivery Plan as project concepts as per agenda report dated June 29, 2020. The motion passed by unanimous vote. A motion was made by Commissioner Denson, seconded by Commissioner Link, to HOLD Public Utilities Department Restoration of Drive Up Customer Window - Concept & Preliminary Plan Approval as per agenda report dated June 30, 2020. The motion passed by unanimous vote. A motion was made by Commissioner Hamby, seconded by Commissioner Link, to a. Adopt the following budget ordinance (#20-08-52) amendment, Attachment #1, reallocating a total of $6,295,000 from the excess SPLOST 2011 Proceeds, completed SPLOST 2011 Project 01 (Jail Expansion), and SPLOST 2011 Project 25 (CHaRM), funds as identified in Attachment #1 of revised agenda report dated July 28, 2020; b. Modify Project #03 Fire Protection Service and Safety Equipment to be reduced to $116,000 as per the bid received by staff with the remaining $54,000 into SPLOST 2011 Contingency for future allocation by the Mayor and Commission; c. Approve the Project Concepts for the reallocated revenues as identified in Fact and Issues and authorize staff to move those projects to Construction Phase in accordance with Standard ACCGov Procurement Policies; and d. Authorize the Mayor and appropriate staff to execute all related documents. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE SPECIAL PURPOSE LOCAL OPTION SALES TAX 2011 BUDGET FOR ATHENS-CLARKE COUNTY SO AS TO PROVIDE ADDITIONAL FUNDING FOR SPECIAL PURPOSE LOCAL OPTION SALES TAX 2011 PROJECTS; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The Commission of Athens-Clarke County, Georgia desires to amend the SPLOST 2011 Capital Projects Fund to provide additional funding for the SPLOST 2011 Project #16 - Park Facilities Improvements Life Cycle Replacement, #03 – Fire Protection Services & Safety Equipment, Project #11 – Athens-Clarke County Library Improvements, Project #26 – Road and Bridge Improvements, Project #05 – Public Safety Comm. Systems Improvements, Project #19 – Animal Shelter Improvements, Project #20 – Fire Protection for Government Facilities, Project #27 – Areawide Stormwater Improvements. Said Operating and Capital budget is hereby amended as follows: SPLOST 2011 Capital Projects Fund: FUND BALANCE: DECREASE: Unallocated Fund Balance (From Excess Sales Tax Proceeds) ($6,010,193) EXPENDITURES: DECREASE: Project #01 - Jail Expansion ($209,251) Project #25 – ChaRM $75,556) Total ($284,807) INCREASE: Project #16 - Park Facilities Imp. $1,779,000 Project #03 - Fire Protection Serv. & Eqp. $116,000 Project #11 - A-CC Library Imp. $400,000 Project #26 - Road and Bridge Imp. $600,000 Project #05 - Public Safety Comm. Sys Imp. $550,000 Project #19 - Animal Shelter Expansion $250,000 Project #20 - Fire Protection Gov’t Fac. $600,000 Project #27 - Areawide Stormwater Imp. $2,000,000 Total $6,295,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. New business – consider under suspension of Rules A motion was made by Commissioner Hamby, seconded by Commissioner Herod, to a. Accept the CARES Act Grant Award and approve the proposed CARES Act Phase One Funding recommendations to be generally distributed prior to September 1, 2020 as per agenda report dated July 30, 2020 along with the following amendments; b. Amend Recommended Phase 1 Requests tier, to reduce the amount of funding $100,000.00; c. Amend Phase 1B Community (December) tier, to increase the funding $100,000.00 and add to the list Athens Neighborhood Health Center pending a resolution at the next special called session; d. Change the Phase 1 eligible costs for communications Phase 1A to Public Information Advertising; e. Adopt the following ordinance (#20-08-53) to amend the annual budget for these purposes as stated in Attachment #1; and f. Authorize the Mayor and ACCGov staff to execute all related contracts and documents CARES Act Phase One funding. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS- CLARKE COUNTY, GEORGIA SO AS TO PROVIDE GRANT FUNDING FROM THE CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT (“CARES” ACT), CORONAVIRUS RELIEF FUND FOR EXPENDITURES IN RESPONSE TO THE PUBLIC HEALTH EMERGENCY AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The Commission of Athens-Clarke County, Georgia desires to amend the Grants Special Revenue Fund to provide grant funding from the Coronavirus Aid, Relief and Economic Security Act (“CARES” Act), Coronavirus Relief Fund for expenditures in response to the public health emergency. Said Operating and Capital budget is hereby amended as follows: Grants Special Revenue Fund: REVENUES: Increase: Intergovernmental Revenue: CARES Act, Coronavirus Relief (Phase 1) $6,643,602 EXPENDITURES: Increase: CARES Act, Coronavirus Relief (Phase 1) $6,643,602 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A motion was made by Commissioner Link, seconded by Commissioner Parker, to approve the policy to establish a Parklet Pilot Program as per agenda report dated July 31, 2020 with the following amendments: 1. This policy applies to bars and restaurants as defined in the Sidewalk Café Ordinance that are in compliance with provisions of the Governor’s Emergency Order as it pertains to indoor seating and social distancing in bars and restaurants. 2. Patrons in parklets must remain seated while eating or drinking. 3. Alcohol service within parklets must end at 10 p.m. A substitute motion was made by Commissioner Hamby, seconded by Commissioner Edwards, to approve the policy to establish a Parklet Pilot Program as per agenda report dated July 31, 2020; and authorize the Mayor and ACCGov staff to execute all related documents. Commissioner Hamby amended his motion, Commissioner Edwards accepted, to include: 1. All fees waived for the first 100 days; and 2. Restaurants last call to serve parklets will be at 10:00 p.m. The substitute motion passed with a roll call vote with Commissioners Wright, Edwards, Herod, Thornton, and Hamby voted YES; Commissioner Davenport, Parker, Link, and Denson voted NO. (5 YES; 4 NO) A motion was made by Commissioner Denson, seconded by Commissioner Wright, to approve the following Nominating Committee report for appointments to various boards, authorities, and commissions (BACs). The motion passed by unanimous vote. Airport Authority Keith Sanders Four-year term expiring 06-30-2024 George Tribble Four-year term expiring 06-30-2024 Classic Center Authority Dexter Haynes Four-year term expiring 06-30-2024 Tres Small Four-year term expiring 06-30-2024 Hearings Board Materance Jordan Four-year term expiring 06-30-2024 Reappointment Historic Preservation Commission William VanLinden Three-year term expiring 06-30-2023 Planning Commission Catherine Goodrum Five-year term expiring 06-30-2025 Reconsideration: A motion was made by Commissioner Edwards, seconded by Commissioner Parker, to amend the sixth declaration of a local state of emergency related to COVID-19 ordinance from “while seated drinking or eating” to “while drinking, eating or smoking”. The motion passed by roll call vote with Commissioners Davenport, Parker, Wright, Denson, Edwards, Herod, Thornton and Hamby voting YES; Commissioner Link voted NO (8 YES; 1 NO). The following ordinance (#20-08-54) was adopted. AN ORDINANCE FOR THE SIXTH DECLARATION OF A LOCAL STATE OF EMERGENCY RELATED TO COVID-19; AND FOR OTHER PURPOSES. WHEREAS, Athens-Clarke County, Georgia has experienced an event of critical significance as a result of the Coronavirus (COVID-19) disease (“COVID-19”); and WHEREAS, the Centers for Disease Control and Prevention, (the “CDC”) indicates that COVID-19 is a new and contagious respiratory disease caused by a novel (new) coronavirus that was first detected in China and which has now been detected in more than 100 locations around the world, including in the United States; and WHEREAS, COVID-19 is officially a global pandemic according to the WHO; and WHEREAS, COVID-19 can spread from person to person, and can result in no symptoms, minor symptoms, or serious illness causing permanent organ damage and death; and WHEREAS, individuals age 65 or over or living with certain medical conditions identified by the CDC (members of Vulnerable Populations) and members of other populations identified by the CDC (“Other Populations at Risk”) are at risk of severe and lasting harm to health or death from COVID-19; and WHEREAS, COVID-19 also has been reported to cause severe and permanent damage to some children; and WHEREAS, there is no vaccine or approved treatment for COVID-19; and WHEREAS, the CDC has noted that COVID-19 spreads very easily and sustainably when an infected person (who may not exhibit symptoms at all, or only minor symptoms) talks, sneezes, or coughs in close proximity with others (within six feet); and WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency for the United States of America in response to COVID-19; and WHEREAS, on March 14, 2020 Governor Brian Kemp declared a Public Health State of Emergency in Georgia and renewed his declaration on April 8, 2020, April 30, 2020, May 28, 2020, and again on June 29, 2020 so that it will remain in effect at least through August 11, 2020; and WHEREAS, on March 16, 2020, the Mayor and Commission of the Unified Government of Athens- Clarke County, Georgia adopted an Ordinance for the Declaration of Local State of Emergency related to COVID-19; WHEREAS, on March 19, 2020, pursuant to their authority under the Athens-Clarke County Emergency Management Ordinance, the Athens-Clarke County Mayor and Commission adopted a Second Declaration of Local Emergency activating certain emergency powers in order to allow Athens-Clarke County to quickly respond to the COVID-19 pandemic and renewed that declaration on April 21, 2020, June 2, 2020 and again on July 7, 2020; and WHEREAS, the Governor, through Executive Orders 04.30.20.01, 05.12.20.02, 05.28.20.02, 06.11.20.01, 06.29.20.02, 07.15.20.01 has recognized the need to take extra precautions to protect certain vulnerable populations who meet the criteria for higher risk of severe illness as defined by the CDC and identified in Section III of the Governor’s Executive Order 07.15.20.01 (“Vulnerable Populations”); and WHEREAS, Executive Orders 04.30.20.01, 05.12.20.02, 05.28.20.02, 06.11.20.01, 06.29.20.02, and 07.15.20.01 required Vulnerable Populations to continue to shelter in place, with exceptions that include participating in essential services and working, through July 15, 2020; and WHEREAS, the Mayor and Commission desire to protect individuals in said Vulnerable Populations and Other Populations at Risk in a reasonable manner and as recommended by the CDC and by the Georgia Department of Public Health, while such individuals are participating in essential services and working; and WHEREAS, the CDC1, Dr. Kathleen Toomey (Georgia’s Commissioner of Public Health), and Governor Kemp through Executive Order 05.12.20.02, and subsequent Executive Orders, have recommended that individuals wear facial coverings over the nose and mouth to mitigate the spread of COVID-19 when they are in public places where they cannot practice social distancing (i.e., stay at least six feet away from other individuals who do not share the same household); and WHEREAS, the CDC states that wearing a facial covering over the nose and mouth is a recommended precaution designed to prevent symptomatic and asymptomatic individuals who have contracted COVID-19 from spreading it to other individuals; and WHEREAS, Dr. Toomey and Governor Kemp have modeled the behavior of wearing facial coverings as examples for Georgians to follow; and WHEREAS, according to the Georgia Department of Public Health COVID-19 update at on Tuesday, July 28th, 2020, Georgia now has 175,052 confirmed cases of COVID-19, including 1507 confirmed cases in Athens-Clarke County; and WHEREAS, according to the Georgia Department of Public Health COVID-19 update, 3,563 individuals in Georgia have died and 17,544 have been hospitalized after contracting COVID-19; and WHEREAS, as indicated above, the state of Georgia remains under a state of emergency as a result of the COVID-19 pandemic; and WHEREAS, Governor Brian Kemp has relaxed and/or removed many restrictions on businesses resulting in citizens and visitors interacting in public and commercial establishments; and WHEREAS, the guidelines promulgated by the White House on re-opening America specifically call for a 14-day downward trajectory among other gating criteria, which guidelines are specifically incorporated by reference; and WHEREAS, the incidence of infection and death in the territorial limits of the Unified Government of Athens-Clarke County, hereinafter referred to as “Athens-Clarke County,” continues to increase, signifying the continued spread of the highly contagious and deadly disease; and WHEREAS, this continued increase is a threat to the health, safety, and welfare of the Athens-Clarke County community, especially individuals in Vulnerable Populations and Other Populations at Risk; and WHEREAS, the number of cases is growing rapidly; and if COVID-19 continues to spread in Athens- Clarke County and the surrounding communities, the number of persons relying on medical, pharmaceutical, 1 CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies), especially in areas of significant community-based transmission. “In light of new data about how COVID-19 spreads, along with evidence of widespread COVID-19 illness in communities across the country, CDC recommends that people wear a cloth face covering to cover their nose and mouth in the community setting. This is to protect people around you if you are infected but do not have symptoms.” A cloth face covering should be worn whenever people are in a community setting, especially in situations where you may be near people. These settings include grocery stores and pharmacies. These face coverings are not a substitute for social distancing. Cloth face coverings are especially important to wear in public in areas of widespread COVID-19 illness. Yes. Wearing cloth face coverings is an additional public health measure people should take to reduce the spread of COVID-19. CDC still recommends that you stay at least 6 feet away from other people (social distancing), frequent hand cleaning and other everyday preventive actions. A cloth face covering is not intended to protect the wearer, but it may prevent the spread of virus from the wearer to others. This would be especially important if someone is infected but does not have symptoms. and general cleaning supplies will increase, the private and public sector work force will be negatively impacted by absenteeism, and the demand for medical facilities may exceed locally available resources; and WHEREAS, the CDC indicates that there is evidence of widespread community transmission in Georgia; and WHEREAS, the CDC and public health officials expect that additional cases of COVID-19 will be identified in the coming days; and WHEREAS, the CDC advises that the use of masks or cloth facial coverings will slow the spread of COVID-19, and the CDC recommendations on PPE usage are hereby incorporated by reference; and WHEREAS, taking measures to control outbreaks minimizes the risk to the public, maintains the health and the safety of the residents of Athens-Clarke County, and limits the spread of infection in our communities and within the healthcare delivery system; and WHEREAS, it is vitally important that we all work together to decrease the widespread proliferation of COVID-19 among us all now rather than suffer the unfortunate and devastating medical and economic consequences later; and WHEREAS, pursuant to the authority of O.C.G.A. § 38-3-28(a), local governments are specifically empowered to enact rules and regulations as may be necessary for emergency management purposes; and WHEREAS, O.C.G.A. § 38-3-28(a) also grants political subdivisions the power to supplement the Governor’s Executive Orders; and WHEREAS, this order is intended to be entered with due regard to the uniform principle that masks or facial coverings will slow the spread of COVID-19 as contemplated by O.C.G.A. § 38-3-28(c); and WHEREAS, this emergency order is authorized by O.C.G.A. §§ 38-3-4 and 38-3-28 and the local control provisions of Governor Kemp’s Executive Order of July 15, 2020, and it is specifically intended to supplement such declaration, as amended, and should not be construed to be inconsistent therewith; and WHEREAS, notwithstanding the foregoing, the Supreme Court of Georgia has noted that the Unified Government of Athens-Clarke County, Georgia, is neither a county nor a municipal government, but rather a “new political entity” formed in accordance with “the constitutionally-sanctioned consolidation of municipal and county governmental and corporate powers and functions”; 2 and WHEREAS, pursuant to O.C.G.A. § 38-3-51, the Governor’s declared public health emergency authorizes the Mayor and Commission to use emergencies powers in O.C.G.A. §§ 38-3-1 through 38-3-64; and WHEREAS, pursuant to O.C.G.A. § 38-3-6, during an emergency, O.C.G.A. §§ 38-3-1 through 38- 3-64 are supposed to be liberally construed to effectuate their purposes; and WHEREAS, pursuant to Section 1-104 (d) of the Charter of the Unified Government of Athens- Clarke County, Georgia, the Mayor and Commission have the right, duty, power, privilege and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security and general welfare of said government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully enumerated herein and to do and perform all of the acts pertaining to its property, affairs and local government which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions; a nd WHEREAS, pursuant to Sub-Sections (36) and (39) of Section 8-114 of the Charter of the Unified Government of Athens-Clarke County, Georgia, the Mayor and Commission have the following additional powers: (17) Health: To prescribe and enforce heath and sanitation standards; and (36) Emergencies: To provide for the determination, proclamation and combatting of emergencies; and (39) General health, safety, and welfare: To define, regulate and prohibit any act, practice, conduct or use which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the unified government; and WHEREAS, the United States Supreme Court has previously held that “[u]pon the principle of self- defense, of paramount necessity, a community has the right to protect itself against an epidemic of disease which threatens the safety of its members”; and WHEREAS, the Mayor and Commission of Athens-Clarke County, Georgia have determined that it is necessary to continue its Declaration of a Local State of Emergency; and WHEREAS, the following actions related to requiring facial coverings in public are necessary and appropriate to balance the public’s interest in being free from undue restrictions with the compelling public interest of providing for the health, safety and welfare of the residents of Athens-Clarke County and the surrounding communities, particularly those individuals who are members of Vulnerable Populations and Other Populations at Risk; and WHEREAS, in the judgment of the Mayor and Commission of the Unified Government of Athens- Clarke County, Georgia, with advice from other subject matter experts, there exist emergency conditions as a result of COVID-19 within the geographical boundaries of the Unified Government as described in Section 2 Athens-Clarke County v. Walton Electric Membership Corporation, 265 Ga. 229, 230 (1995). 1-102 of the Charter requiring extraordinary and immediate corrective actions for the protection of the health, safety, and welfare of the citizens of Athens-Clarke County and the surrounding communities; NOW, THEREFORE, the Commission of Athens-Clarke County, Georgia hereby ordains and declares that a local state of emergency continues to exist within the territorial limits of the Unified Government of Athens-Clarke, County, Georgia, and shall continue until the conditions requiring this declaration are abated. NOW, THEREFORE, because of the local state emergency ordained and declared above, the Commission of Athens-Clarke County, Georgia hereby ordains and orders the following: SECTION 1. The Athens-Clarke County Office of Emergency Management shall continue with its activation of the Emergency Operations Plan and that the following sections of the Code of Athens-Clarke County, Georgia, shall continue to be implemented: (a) Section 3-4-5 Additional Emergency Powers (b) Section 3-4-9. Authority to Waive Procedures and Fee Structures SECTION 2. Any provisions of the Alcoholic Beverages Ordinance, Chapter 6-3 of the Code of Athens-Clarke County, Georgia, prohibiting an establishment licensed to sell beer or wine on premises from selling unopened bottles, cans, or growlers of beer and wine for take-out consumption off premises shall be temporarily suspended for the duration of this local declaration. It is the intent of this order that any establishment licensed to sell beer and/or wine shall be authorized to sell unopened bottles or cans and sealed growlers of such beverages for take-out consumption off premises through the duration of the declared Local Emergency, including any extension thereof. All other provisions of the Alcoholic Beverages Ordinance not in conflict with this order shall remain in full force and effect. SECTION 3. Any provisions of the Alcoholic Beverages Ordinance which requires that each applicant for a new alcohol license submit to the Finance Department classifiable sets of fingerprints be temporarily suspended for the duration of the COVID-19 Local Emergency where said required sets of fingerprints are already on file with the Finance Department. It is the intent of this order that applicants who already possess a current alcoholic beverage license and whose sets of fingerprints are already on file with the Finance Department shall not have to provide new classifiable sets of fingerprints for the duration of the Local Emergency. All other provisions of the Alcoholic Beverages Ordinance not in conflict with this order shall remain in full force and effect. SECTION 4. Any provisions of the Alcoholic Beverages Ordinance which prohibit any person from having in his or her possession any alcoholic beverages in any open container be temporarily suspended as it applies to patrons or employees of any restaurant possessing a Class D (retail liquor by the drink), D1 (retail liquor by the drink, love volume restaurant), E (retail beer by drink), or F (retail wine by the drink) license who are transporting, serving, or consuming alcoholic beverages in an outdoor seating area within 100 feet of the outer wall of licensed premises or who are transporting alcoholic beverages across public streets, sidewalks or rights-of-way for the purpose of serving or consuming said beverages as described herein. SECTION 5. The April 1, 2020 deadline for payment of Occupation Tax and regulatory fees continue to be extended to and including October 2, 2020. Any provisions of Athens-Clarke County’s Occupation Tax in conflict in with the extension granted herein are hereby temporarily suspended. All other provisions of the Occupation Tax Ordinance, Chapter 6-1 of the Code of Athens-Clarke County, Georgia, remain in full force and effect. SECTION 6. For the protection of members of the public, including members of Vulnerable Populations and members of other Populations at Risk, facial coverings or masks shall be required in public places within Athens-Clarke County to slow the spread of the novel coronavirus disease known as COVID-19 as follows: (a) Definitions: Facial covering or mask: A device to cover the nose and mouth of a person to impede the spread of saliva or other fluids during speaking, coughing, sneezing or other intentional or involuntary action. Medical grade masks are not required; coverings may be fashioned from scarves, bandanas, or other suitable fabrics. The mask must cover the mouth and nose of the wearer. Public place: Any place other than an individual’s home, including the curtilage thereof, or a personal vehicle. (b) All persons within the jurisdiction of Athens-Clarke County shall wear a facial covering or mask over the nose and mouth when inside a commercial entity or other building or space open to the public, or when in an outdoor public space, whenever it is not feasible to maintain appropriate social distancing from another person not in the same household. (c) All restaurants, retail stores, salons, grocery stores, and pharmacies in Athens-Clarke County must require their employees to wear a facial covering or mask at all times while having face-to-face interaction with the public. (d) Any person who is unable to safely wear a facial covering or mask due to age, an underlying health condition, or is unable to remove the facial covering or mask without the assistance of others is exempt from this Ordinance. (e) Facial coverings or masks are not required in the following circumstances: 1. In personal vehicles; 2. When a person is alone in enclosed spaces or only with other household members; 3. During outdoor physical activity, provided the active person maintains a minimum of six (6) feet from other people with whom they do not cohabitate at all times; 4. While drinking, eating, or smoking; 5. When wearing a facial covering or mask causes or aggravates a health condition; 6. When wearing a facial covering or mask would prevent the receipt of personal services; and 7. When a person is ten (10) years of age or younger. (f) Violations of Sub-Sections (b) and (c) of this Section 6 may be enforced by a notice of ordinance violation issued by any police officer, code enforcement officer, or other authorized law enforcement official as provided below: 1. A person who fails to comply with Sub-Section (b) of Section 6 of this Ordinance shall not be punishable by imprisonment but shall be punishable by a civil fine of not more than $25.00 on the first offence, not more than $50 on the second offense, and not more than $100 on the third offense and any subsequent offenses. 2. A person who fails to comply with Sub-Section (c) of Section 6 of this Ordinance shall not be punishable by imprisonment but shall be punishable by a civil fine of not more than $25.00 on the first offense, not more than $50 on the second offense, and not more than $100 on the third offense and any subsequent offenses. For the purposes of Sub-Section (c) of Section 6 of this Ordinance, “person” shall be defined as an individual associated with the business who has the control or authority and ability to enforce the social distancing requirements of this Ordinance within the business such as an owner manager or supervisor. “Person” may also include an employee or other designee that is present at the business but does not have the title of manager, supervisor, etc. but has the authority and ability to ensure that the requirements of this Order are met while the business is open to the public. 3. A notice of violation may be served by delivery into the hands of the suspected violator. 4. Violators may respond to a notice of ordinance violation either by signing the notice and returning the notice along with payment of the fine indicated thereon to the Municipal Court of Athens-Clarke County by the date indicated on the notice or by appearing in the Municipal Court to plead no liability to the charged violation at the date and time provided on the notice. As a violation of this Ordinance shall be deemed civil in nature, the government shall bear the burden to prove, by a preponderance of the evidence, that a defendant violated this ordinance. No proceedings for contempt or arrest shall be initiated for failure to appear on the return date on the notice. 5. Violators who fail to respond—by payment of the civil fine, entry of a “no liability” plea, or other mechanism as may be deemed appropriate by the Judge of the Municipal Court of Athens-Clarke County—to a notice of ordinance violation as provided for in paragraph 4 above may thereafter be served personally with an ordinance violation citation or accusation, and criminally prosecuted pursuant to section 1-1-5 (a) of the Code of Athens-Clarke County, Georgia. 6. The foregoing notwithstanding every effort shall be made to bring an individual into voluntary compliance with the terms of this Ordinance prior to issuance of any Notice of Violation. (g) The provisions of Section 6 of this Ordinance shall not apply within the territorial limits of any municipality located within Athens-Clarke County or to any property, office, or facility of the Clarke County School District, the State of Georgia or its instrumentalities (including, without limitation, the Board of Regents of the University System of Georgia and any association or foundation affiliated therewith), or the United States of America or its instrumentalities. SECTION 7. This Ordinance shall become effective at 8:00 a.m. on the next day following the Mayor’s approval, and will continue to be in effect until 11:59 p.m. on Thursday, September 3, 2020, or until it is extended, rescinded, superseded, or amended by an ordinance of the Commission. Should any provision, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, paragraphs, sentences, or words of this Ordinance as hereby issued shall remain in full force and effect. All Ordinances or parts of Ordinances in conflict with this Ordinance are, to the extent of such conflict, hereby repealed or set aside. FROM MAYOR AND COMMISSIONERS: 1. Expressed condolences to the family and friends of Chief Probation Officer Dale Allen who passed away on August 4, 2020. FROM MAYOR GIRTZ: 1. Announced a proclamation will be issued to Gina Bodio recognizing participation in the Adopt-A-Highway Program. 2. Congratulated Auditor Maddox with her 10 year pin with Athens-Clarke County Government. 3. Stated the after action report on the May 31 protest has been received; it will be assigned to the Police Advisory Board in the fall. 4. Board of Elections have part-time positions open. FROM MANAGER WILLIAMS 1. Received for information was a report of acceptance of grant funding and budget amendment. FROM COMMISSIONER HAMBY: 1. Stated the community has lost a few community activists and commissioners during this time. FROM COMMISSIONER THORNTON: 1. Thanked Athens Alliance for the back to school giveaway of book bags. 2. Stated that she and Commissioner Davenport attended an environmental justice webinar. 3. State the Northeast Georgia Business Alliance will be discussing TAD’s on Wednesday, August 5. FROM COMMISSIONER EDWARDS: 1. Thanked fellow commissioners in reference to working together in reference to COVID-19. 2. Stated crime has spiked on Dearing Street more street lights are needed for resident’s safety and security. FROM COMMISSIONER DENSON: 1. Stated all students of Clarke County School District is eligible for the Pandemic Electronic Benefit Transfer program. 2. Stated that ACCGov absentee ballots should be mailed to all Athens-Clarke County voters, a policy should be adopted by the commission. 3. Thanked Mayor Girtz for the upcoming assignment to the Police Advisory Board. FROM COMMISSIONER WRIGHT: 1. Expressed sentiment of a moment of silence for Commissioner Jerry NeSmith who passed on June 7. FROM COMMISSIONER LINK: 1. Expressed condolences for Commissioner Jerry NeSmith. 2. Stated the community has lost quite a few people to COVID-19; urged everyone to be vigilant in their safety. FROM COMMISSIONER DAVENPORT: 1. Reminded everyone to vote in the runoff on August 11and to get out and vote. A motion was made by Commissioner Edwards, seconded by Commissioner Parker, to enter into executive session for discussion of real estate acquisition and/or disposal and an attorney conference to discuss threatened or pending litigation. The motion passed by unanimous vote. The meeting adjourned at 8:32 p.m. ______________________________ Clerk of Commission

Agenda

Due to the COVID-19 pandemic, the August 4 Mayor and Commission session will be remote. The meeting can be viewed live at www.accgov.com/videos, on YouTube at www.youtube.com/accgov, on Facebook at www.facebook.com/accgov, and on ACTV Cable Channel 180 or the live ACTV stream at www.accgov.com/actvlive Current agendas are only available at www.accgov.com/agendas. Online comments regarding items listed on this agenda will be received until 5:00 p.m. Tuesday, August 4. There is a different set of state rules governing the zoning related items (#1, 2, and 3). City Hall will be arranged for on-camera, one-at-a-time input with spaces in the hall designated to ensure distancing. Citizens, proponents and/or opponents, may only come to City Hall to publicly comment on the Zoning Agenda Items. UNOFFICIAL RESULTS TENTATIVE AGENDA REVISED 8-3-2020 UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY, GEORGIA TUESDAY, AUGUST 4, 2020, 6:00 P.M. CITY HALL Web/Ex If business has not concluded by 8:15 p.m., there will be a 15-minute break. A. Roll call B. Approve Minutes of meetings Tuesday, July 7; Thursday, July 9; Tuesday, July 14; Tuesday, July 21, and Thursday, July 30, 2020 C. Written communications D. Public hearing and deliberation on a recommendation from the Athens-Clarke County Planning Commission. The proposed recommendation will be disposed of by the receipt of public input, the close of public input, and the consideration by the Commission. PLEASE REFER TO ATTACHMENT A FOR TIME LIMITS FOR PRESENTATIONS. 1. Request of Kenneth Dious for Annette E. Dious for rezoning from C-G (Commercial-General) and RS8 (Single-Family Residential) to C-G (PD) (Commercial-General, Planned Development) on 0.67 acres known as 2015 West Broad Street. This will require an amendment to the Future Development Map from Traditional Neighborhood to General Business. Type II APPROVED - unanimous Planning Commission recommendations Future Development Map: Approve (7-1) Rezoning: Approve w/conditions (7-1) 2. Request of Smith Planning Group Owner: G2 Classic Properties Request, for Special Use in C-G (Commercial-General) and RM-2, A (Mixed Density Residential, Airport Overlay) to C-G (PD) (Commercial-General, Planned Development) and RM-2, A (PD) (Mixed Density Residential on 1.68 acres known as 594 Oconee Street. Type I APPROVED - unanimous Planning Commission recommendation: Approve w/conditions (unanimous) 3. Request from Chris Church for Freedom from Bondage, Inc. for special use in RM-1 (Mixed Density Residential) on .46 acres known as 202, 204, and 206 Highland Park Drive. Proposed use is halfway houses. Type I APPROVED - unanimous Planning Commission recommendation: Approve (unanimous) Note: An application for a zoning decision for a halfway house shall follow the Type I procedure in chapter 9-4 and the hearing provisions set forth in O.C.G.A. §36-66-4, which require that the public hearing be held at least six months and not more than nine months prior to the date of final action on the zoning decision. The initial public hearing was conducted Tuesday, February 3, 2020. E. Consent agenda. Items under this section have been discussed at prior public meetings and will be presented for consideration as a single item. Only one vote will be taken. APPROVED - unanimous 4. ADOPT: Ordinance changes to remove loading zones from Clayton Street 5. APPROVE: Disposal of surplus vehicles and equipment 6. APPROVE: Agreement to participate in the FY2020 State Homeland Security Grant Program 7. APPROVE: Lease agreement with Advantage Behavioral Health Systems for property located at 250 Bray Street 8. APPROVE: Water reclamation facility redundant wash compactors installation 9. APPROVE: Design Contract Approval - Middle Oconee East Trunk Improvements Project - Phase I 10. APPROVE: North Oconee aeration basin improvements 11. APPROVE: Public outreach services - Public Utilities Department 12. APPROVE: National Endowment for the Arts – Our Town grant application F. Old business 13. Award of contract to provide an on-board transit advertising program management services for the Transit Department HOLD - unanimous 14. TSPLOST 2018 Project 10 - Public art for roundabout at Whitehall Road and South Milledge Avenue. (Tuesday, June 16, 2020) APPROVED - unanimous 15. 2020 Update to the PUD Service Delivery Plan: Infrastructure Element and Capital Improvements Element) APPROVED - unanimous 16. Public Utilities Department restoration of drive up customer window- Concept and preliminary plan approval HOLD - unanimous 17. SPLOST 2011 Program financial update and recommended amendments for remaining funds APPROVED - unanimous G. New business – Consider under suspension of Rules 18. CARES Act Phase One funding APPROVED - unanimous 19. Policy to establish a parklet pilot program to support outdoor dining during the COVID-19 pandemic APPROVED 5-4 - Commissioners Davenport, Parker, Link and Denson voted NO. 20. Appointments to various boards, authorities, and commissions APPROVED – unanimous Reconsider sixth declaration of a local state of emergency related to COVID-19. APPROVED 8-1 Commissioner Link voted NO. H. Receive report from Mayor 21. Adopt Athens proclamation I. Receive report from Manager 22. Acceptance of grant funding and budget amendment J. Receive report from Auditor K. Receive report from Attorney L. Receive input from Commissioners M. Enter into executive session for discussion of real estate acquisition and/or disposal and an attorney conference to discuss threatened or pending litigation N. Adjourn A qualified interpreter for the hearing impaired is available upon request at least 10 days in advance of this meeting. Please call (706) 613-3031 (TDD {706} 613-3115) to request an interpreter or for more information.

Get email alerts for Athens-Clarke County

A daily email when new agendas and minutes are posted.

Report an issue with this meeting