Mayor & Commission Meetings

Due to the COVID-19 pandemic, the September 1 Mayor and Commission session was 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 Unified Government of Athens-Clarke County, Georgia Mayor and Commission Regular Session Tuesday, September 1, 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 Herod, seconded by Commissioner Denson, to approve minutes of meetings Tuesday, August 4; Tuesday, August 11; Friday, August 14, and Tuesday, August 18, 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 Request of W & A Engineering Owner: R.J. Cleveland, Jr. / Dormicor LLC, for rezoning from E-O* (Employment-Office Zoning with Conditions) to RM-1 (PD) (Mixed Density Residential, Planned Development) on 10.18 acres known as130 Jennings Mill Parkway. Proposed use is multi-family residential. Type II Planning Commission recommendation: Approve w/condition (unanimous) Citizen input The following citizen input was received. 1. Scott Haines, W&A Engineering, representing petitioner – requested approval of petitioner’s request for withdrawal. A motion was made by Commissioner Hamby, seconded by Commissioner Link, to approve petitioner’s request for withdrawal. The motion passed by unanimous vote. A public hearing was held on request of Jimmy (Jay) E. Pridgen Owner: Trust of Nancy C. Pridgen for rezoning from RS-15 (Single-Family Residential) to RS-8 (Single-Family Residential) on 28.10 acres known as 361 Old Pittard Road. Proposed use is single-family residential. Type II Planning Commission recommendation: Denial (unanimous) Citizen input There was no citizen input.  A motion was made by Commissioner Thornton, seconded by Commissioner Parker, to approve request from applicant for withdrawal. The motion passed by unanimous vote. A public hearing was held on proposed text amendment - Home occupation daycare Planning Commission recommendation: Approve (unanimous) Citizen input There was no citizen input. A motion was made by Commissioner Wright, seconded by Commissioner Denson, to adopt the following ordinance (#20-09-59) 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 HOME OCCUPATIONS; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Section 9-15-16 of the Code of Athens-Clarke County, Georgia, entitled “Home occupations,” is hereby amended by replacing the word “four” with the word “six” in sub-section (O), paragraph (1) thereof so that said paragraph now reads as follows: 1. In-home daycare for no more than six individuals under care at a time, excluding the family members of the resident caregiver, with the allowance to occupy a maximum of 50 percent of the heated floor space within the structure and for outdoor recreational activity. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on proposed text amendment – Appeal procedures Planning Commission recommendation: Approve (unanimous) Citizen input There was no citizen input. A motion was made by Commissioner Denson, seconded by Commissioner Link, to adopt the following ordinance (#20-09-60) 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 APPEAL PROCEDURES; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Section 9-4-8 of the Code of Athens-Clarke County, Georgia, entitled “Appeals,” is hereby amended by replacing the phrase “9-4-7 B.2” in sub-section (B), paragraph (1), sub-paragraph (b) thereof with the phrase “9-4-8 B.2” so that said sub-paragraph now reads as follows: b. The appeal shall be in writing and filed with the Athens-Clarke County Planning Department pursuant to the procedure set forth in section 9-4-8 B.2. SECTION 2. 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 Link, seconded by Commissioner Edwards, to consent to action on the following nine items. The motion passed by unanimous vote. 1. ADOPT: The following ordinance (#20-09-61) which was presented by title only as per agenda report dated August 13, 2020. AN ORDINANCE TO AMEND THE FY2021 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE FUNDING FOR EXPENSES RELATED TO THE ACQUISITION OF AUDITING SOFTWARE FOR THE OFFICE OF OPERATIONAL ANALYSIS; 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 Office of Operational Analysis Operating Budget to provide funding for expenses related to the acquisition of TeamMate Auditing Software and related expenses. Said Operating and Capital budget is hereby amended as follows: General Fund: EXPENDITURES: Decrease: Other General Administration General Fund Contingency $24,000 Increase: Operational Analysis Operating Expenses $24,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 2. APPROVE: An additional on-call contract with Boswell Oil Company for the provision of transportation fuels at the same rate of the Georgia state contract price Attachment #1; authorize annual expenditures in excess of $200,000 per year as per agenda report dated July 30, 2020; and authorize Mayor and appropriate staff to execute all related documents. 3. APPROVE: Declaration of the Unified Government of Athens-Clarke County Government Transit vehicle bus # 609 –VIN# 15GGE271891091769 and bus #610 VIN #15GGE271491091770 as surplus vehicles; approve the sale of surplus buses #609 and #610 to the City of Rome, Georgia for $26,000 ($13,000 each) as per agenda report dated August 3, 2020; and authorize the Mayor and appropriate staff to execute all necessary documents. 4. APPROVE: Change order #4 to the construction contract with CMES, Inc. for the Firefly Trail - Winterville Section (TSPLOST 2018 Project 06 Sub-Project #3.1) in an amount of $363,000 as per agenda report dated July 28, 2020; and authorize the Mayor and appropriate staff to execute all project-related documents. 5. APPROVE: Appointments to the Oconee Rivers Greenway Commission for a term expiring December 31, 2024: Lynn Abdouni Dr. Ross Hinkle 6. APPROVE: a) Building layout, site layout and equipment selection for a thermal dryer at the North Oconee Water Reclamation Facility as per agenda report dated July 27, 2020; b. Approve the purchase of the competitively bid thermal dryer equipment for the amount of $5,673,000; and c. Authorize the Mayor and appropriate staff to sign all documents related to the purchase of the dryer equipment. 7. APPROVE: Replacement Vehicle for Fire & Emergency Services as per agenda report dated July 16, 2020: a. Add Vehicle #4236 to the Athens-Clarke County Fleet Replacement Program; b. Declare the 2001 GMC Sierra (ACCGov vehicle #4236), the 2009 Ford Expedition (ACCGov Vehicle #4238), and the 1997 Ford F450 (ACCGOV Vehicle #4205) as surplus and authorize their disposal consistent with Unified Government of Athens‐Clarke County policies after replacement; and c. Authorize Mayor and appropriate staff to execute all related documents. 8. APPROVE: The Proposed Project Concept for SPLOST 2011 Project 31 for Ruthwood Lane as per agenda report dated July 29, 2020; and approve the two proposed speed tables as traffic calming measures for Ruthwood Lane to be funded by the Neighborhood Traffic Management Program (NTMP), as shown in Attachment #1. 9. APPROVE: Recommendations from the Government Operations Committee as per report dated August 11, 2020 regarding contracting and procurement activities related to minority, local and underserved businesses to enhance local wealth creation. Old business - Discussion A motion was made by Commissioner Parker, seconded by Commissioner Wright, to approve the list of events shown in Attachment #1 for the Athens Downtown Development Authority’s FY21 Community Events Program as per agenda report dated July 28, 2020. Commissioner Parker amended her motion to include an increase for Athens Pride for the total of $3,500.00; and approve the following FY21 budget ordinance (#20-09-62) amendment allocating $18,699 of Hotel Motel Sales Tax fund balance to restore FY20 funding levels to the approved events. The amendment was accepted by Commissioner Wright. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE FISCAL YEAR 2021 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE ADDITIONAL FUNDING FOR THE COMMUNITY EVENTS PROGRAM IN PARTNERSHIP WITH THE ATHENS DOWNTOWN DEVELOPMENT AUTHORITY; 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 fiscal year 2021 annual operating and capital budget for Athens-Clarke County, Georgia so as to provide additional funding for the Community Events Program in partnership with the Athens Downtown Development Authority. Said Operating and Capital budget is hereby amended as follows: Hotel Motel Tax Special Revenue Fund: FUND BALANCE: DECREASE: Assigned, Unallocated Fund Balance ($18,699) EXPENDITURES:  INCREASE: Other General Administration: Community Events Program $18,699 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A motion was made by Commissioner Denson, seconded by Commissioner Link, to a. Award the contract as proposed to Houck Advertising for two years, with three auto renewing 12 month options as per revised agenda report dated August 11, 2020; b. Amend Transit Advertising Policy to allow full and half wrap advertising on up to 50% of the fleet and incorporate the ACCTD logo into those ads; c. Assign to the Government Operations Committee (GOC) and staff to review options to change and update the current Transit Advertising Policy over the next 12 months; d. Direct the GOC and staff to make recommended changes to the entire M&C, prior to the first automatic renewal of the contact (August 31, 2022), and renegotiate the contract, if deemed appropriate. The motion passed by unanimous vote. A motion was made by Commissioner Link, seconded by Commissioner Wright, to a. Approve lane reconfigurations as part of the 2020 resurfacing project to add bicycle facilities on S. Hull Street, as shown on attachment #1, and S. Rocksprings Street, as shown on attachment #2, and approve funds for S. Lumpkin Street bike and pedestrian improvements, as shown on attachment #3; b. Approve a change order in the amount of $204,000 of the CY20 Pavement Maintenance Contract with Pittman Construction, Inc. as per agenda report dated July 29, 2020; and c. Authorize the Mayor and appropriate staff to execute all work and related documents. The motion passed by unanimous vote. A motion was made by Commissioner Link, seconded by Commissioner Parker, to a. Approve a designation of Summit Construction and Development, LLC as the apparent low responsive and responsible bidder for the construction sidewalk gap project along Magnolia Street and Holman Avenue as per the revised agenda report dated August 25, 2020; b. Award a unit price construction services contract in the amount of $387,607.95 to Summit Construction and Development, LLC as the lowest responsive and responsible bidder for the Magnolia Street and Holman Avenue sidewalk gap project; c. Authorize the extra work contingency allowance in the amount of $70,000; and d. Authorize the Mayor and appropriate staff to execute all related documents. The motion passed by unanimous vote. A motion was made by Commissioner Davenport, seconded by Commissioner Herod, to adopt the following commission defined option: a. The Athens in Motion concept #7 alternative #4, which includes a sidewalk from Lowes to Satterfield Park and a Multi-use Path (MP) from the storage facility to Beaverdam Road as illustrated in attachment #1 as per revised agenda report dated August 27, 2020; b. Approve TSPLOST 2018, Project 12 – Pedestrian Improvement Program, Cherokee Road Sidewalk Improvements, Sub-Project #1 Proposed Project Concept as generally shown on attachment #1;  c. Authorize staff to advance the Proposed Project Concept layout for Cherokee Road Sidewalk Improvements (SP #1) as generally shown on attachment #1 to the Preliminary Design Phase; and d. Authorize the Mayor and appropriate staff to execute any and all other project related documents. The motion passed by roll call vote with Commissioners Davenport, Parker, Link, Wright, Edwards, Herod, Thornton, and Hamby voting YES; Commissioner Denson voting NO. (8 YES; 1 NO) A motion was made by Commissioner Hamby, seconded by Commissioner Herod, to adopt the updated Live Stream Pipe Replacement Program Priorities, as shown in attachment #1 as per revised agenda report dated August 25, 2020; approve the 55 project concepts as part of the Live Stream Pipe Replacement Program, as shown in attachment #2; and authorize staff to develop preliminary construction plans on 55 pipe replacement projects. The motion passed by unanimous vote. A motion was made by Commissioner Denson, seconded by Commissioner Hamby, to approve an intergovernmental agreement with the Downtown Athens Development Authority for the sale, financing, and redevelopment of certain city owned properties located at 550 North Jackson Street and 293 Hoyt Street. The motion passed by unanimous vote. New business - Consider under Suspension of Rules Under suspension of Rules, a motion was made by Commissioner Thornton, seconded by Commissioner Wright, to a. Approve redevelopment areas and associated Tax Allocation District Boundaries and Goals as per agenda report dated August 27, 2020; b. Adopt the redevelopment areas as shown in attachment #1 with page four and page six amended (Exhibit A); c. Adopt tax allocation district boundaries associated with the six proposed redevelopment areas shown in attachment #2 with page four and page six amended (Exhibit B); d. Adopt the proposed goals for the tax allocation districts as shown in attachment #3; e. Approve the resulting updates to the Percentages of Tax Digest for the relevant Redevelopment Areas attached hereto as Exhibit C; f. Approve the resulting changes to the redevelopment area in the updated map of the affected properties attached hereto as Exhibit D; and g. Approve community benefits agreements within the boundaries as well as in the amended versions of each of these six districts. The motion passed by unanimous vote. A motion was made by Commissioner Edwards, seconded by Commissioner Wright, to adopt the following resolution extending the temporary moratorium on Oakland Avenue. Commissioner Edwards amended his motion to change the date from the first Tuesday of December, 2020 to the first Tuesday of November, 2020. Commissioner Wright accepted the amendment. The motion as amended was passed by unanimous vote. The following resolution was declared adopted. SECOND AMENDMENT TO THE RESOLUTION ESTABLISHING A TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR CERTAIN DEMOLITION PERMITS ON CERTAIN PARCELS OF LAND LOCATED ON OAKLAND AVENUE Whereas, on September 3, 2019, the Commission of Athens-Clarke County, Georgia adopted that certain resolution entitled “A RESOLUTION ESTABLISHING A TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR CERTAIN DEMOLITION PERMITS ON CERTAIN PARCELS OF LAND LOCATED ON OAKLAND AVENUE,” which shall hereinafter be referred to as the “Oakland Avenue Resolution”; and Whereas, the Oakland Avenue Resolution imposed a moratorium on the acceptance of new applications for demolition review approvals or acceptance of new applications for permitting demolition of any building or portions thereof, the acceptance of new applications for the relocation of any buildings, and the acceptance of new applications for building permits for exterior building alterations within an area defined as the “Subject Area” in said resolution; and Whereas, the Oakland Avenue Resolution imposed said moratorium up through and including the first Tuesday of September, 2020 (“Moratorium Period”); and Whereas, on December 3, 2019, the Commission adopted the First Amendment to the Oakland Avenue Resolution for purposes of modifying the applicability of the moratorium imposed therein; and 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, 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, June 29, 2020, July 31, 2020, and again on August 31; 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, and again on June 2, 2020, July 2, 2020, July 30, 2020, August 4, 2020, and again on August 18, 2020; and Whereas, COVID-19 is officially a global pandemic according to the World Health Organization (“WHO”); and Whereas, because of the global pandemic it has been impossible to receive the additional input from the public which the Commission deemed appropriate; and Whereas, the Commission believes it appropriate, in light of the ongoing global pandemic, to extend the Moratorium Period in order to provide additional time to receive input from the public regarding a potential new, locally-designated historic district within the Subject Area; Now, therefore, the Commission of Athens-Clarke County, Georgia hereby resolves as follows: 1. The Commission hereby amends Paragraph 2 of the Oakland Avenue Resolution, by deleting Paragraph 3 in its entirety and replacing it with the following: “3. The moratorium described herein shall become effective upon adoption of this Resolution by the Commission and approval by the Mayor, and shall remain in effect through and including the first Tuesday of November, 2020, or until this Resolution is repealed, whichever occurs first (“Moratorium Period”).” 2. Except as amended herein, all terms and conditions of the Oakland Avenue Resolution shall remain in full force and effect. A motion was made by Commissioner Hamby, seconded by Commissioner Edwards, to approve an intergovernmental agreement with the Joint Development Authority of the Unified Government of Athens-Clarke County and the City of Winterville related to the administration of the Resiliency Loan Program and the Athens Cares Grant Program. The motion passed by unanimous vote. FROM MAYOR GIRTZ: 1. Assigned the Transit on-board advertising program to the Government Operations Committee 2. Assigned the Stormwater Management public private agreement to the Government Operations Committee. 3. Reassigned for any observations and amendments the Parklet program to the ad-hoc committee that was put together for that purpose. 4. Stated every work session will have a COVID update. 5. Stated the Mayor and Commission will have a two day retreat on September 10 and 11. FROM ATTORNEY DRAKE: 1. Announced the decision to name Attorney Sherrie Hines as Interim Chief Assistant Attorney. FROM MANAGER WILLIAMS: 1. Acceptance of a grant funding and budget amendment from the Georgia Department of Agriculture Dog and Cat Sterilization Grant. 2. Stated that the Complete Count Committee will be at Georgia Square Mall this weekend assisting with the CENSUS 2020 forms. FROM COMMISSIONER HAMBY: 1. Stated Attorney Hines is a good choice. FROM COMMISSIONER THORNTON: 1. Thanked Attorney Drake and Attorney Hines for their assistance. FROM COMMISSIONER HEROD: 1. Stated it is very important to fill out the CENSUS 2020 forms before the deadline September 30. FROM COMMISSIONER EDWARDS: 1. Thanked everyone for support on the moratorium extension. 2. Stated his concern for ACCPD Officer Davidson involved in an accident resulting from an out of county high speed chase; would like to see the policy in reference to high speed chases. FROM COMMISSIONER DENSON: 1. Stated you can request absentee ballots online. 2. Stated that the ACCPD internal review of the May 31 protest was not addressed properly, and the report let the citizens of Athens down. FROM COMMISSIONER WRIGHT: 1. Requested information in reference to postponing property tax payments for October be given to the commissioners for consideration. FROM COMMISSIONER LINK: 1. Reminded everyone that the COVID-19 pandemic is increasing; more committees and discussions are needed. 2. Thanked ACCPD for patrolling and enforcing the mask ordinance throughout downtown Athens bar area. FROM COMMISSIONER PARKER: 1. Thanked everyone for their support of more downtown events and artists during this time. 2. Thanked Commissioners Herod, Davenport, and Thornton for supporting TADs. 3. Agreed with Commissioner Denson in regards to the handling of the protest on May 31 by ACCPD. FROM COMMISSIONER DAVENPORT: 1. Thanked everyone for their support. 2. Supported Commissioner Denson and Parker in reference to the ACCPD report and decision made during the protest. 3. Thanked Commissioner Thornton for support with a community problem. 4. Congratulated Attorney Sherrie Hines on her new position as well as Robert Cheshire, SPLOST Capital Projects Director. A motion was made by Commissioner Wright, seconded by Commissioner Edwards, to enter into executive session for discussion of real estate acquisition and/or disposal and personnel matters. The motion passed by unanimous vote. The meeting adjourned at 7:44 p.m. _____________________________________ Clerk of Commission