Mayor & Commission Meetings
Regular MeetingAthens-Clarke County, GA · August 4, 2020
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.
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