Mayor & Commission Meetings

Due to the COVID-19 pandemic, the October 6 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, October 6, 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 Davenport, seconded by Commissioner Denson, to approve Minutes of meetings of Tuesday, September 1; Tuesday, September 8; Tuesday, September 15; and Thursday, September 17, 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 Michael Shane Dekle Owner: Thomas Michael Dekle, Master Planned Development Amendment to C-N (PD) (Commercial-Neighborhood, Planned Development) on 7.46 acres known as 145 Dekle Drive. Proposed use is commercial, Agriculture. Type II Planning Commission recommendation: Approval with conditions (unanimous) Citizen input 1. Shane Dekle, petitioner - supported 2. Josh Koons – supported A motion was made by Commissioner Parker, seconded by Commissioner Link, to adopt the following ordinance (#20-10-65) which was presented by title only. Commissioner Parker amended her motion to include no roosters, Commissioner Link accepted the amendment. The amended motion passed by unanimous vote. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO AMENDING A PLANNED DEVELOPMENT FOR A PARCEL OF LAND COMPRISING APPROXIMATELY 7.46 ACRES LOCATED AT 145 DEKLE DRIVE IN THE C-N (PD) (COMMERCIAL- NEIGHBORHOOD, PLANNED DEVELOPMENT) DISTRICT; 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 modifying a planned development for a parcel of land comprising approximately 7.46 acres located at 145 Dekle Drive, Athens, Georgia, in the C-N (Commercial-Neighborhood, Planned Development) District. The affected parcels are more fully described in that certain document entitled “Lakewood, Sheet Title PD Site Plan,” said document dated 02/28/20 with revisions on 7/31/20 and 9/8/20, designated in the lower right-hand corner as C1.0, prepared by Joshua Koons, 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 most recent planned development amended by this ordinance is described in that certain ordinance entitled “AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO AMENDING AN EXISTING C-N (PD) (COMMERCIAL-NEIGHBORHOOD PLANNED DEVELOPMENT) ON 206.322 ACRES OF LAND LOCATED AT 145 DEKLE DRIVE; AND FOR OTHER PURPOSES,” which was adopted by the Commission on April 4, 2006 (hereinafter the “April 2006 Ordinance”). SECTION 2. The updated site plan and tree management plan associated with this ordinance and incorporated by reference herein consists of two pages in total, with each sheet being numbered and titled in the lower-right hand corner. The respective number, title, and date of each sheet is listed below Sheet No: Title: Date: C1.0 PD Site Plan Last revised 9/08/2020 C2.0 PD Tree MGMT Plan Last revised 7/31/2020 . The site plan is entitled “Lakewood, PD Site Plan” numbered “C1.0,” and last revised on 9/08/2020, is stamped “Binding 9-9-20,” 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 is entitled “Proposed Amendment to Lakewood Master Planned Development,” consists of 18 pages, dated July 31, 2020, stamped “Binding 9-9-20,” 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 (hereinafter the “Addendum”). Said Addendum is intended to, and shall be construed to, supplement that certain written report entitled “Application to Amend Zoning for Lakewood (formerly zoned as ‘Dekle Property’) – a Mixed Use Neighborhood at Barnett Shoals Road, Athens, Georgia,” dated “January 27, 2006”, stamped “Binding Report – Amended Report Date 3-6-06,”,” and incorporated by reference into the April 2006 Ordinance. SECTION 3. The conditions of zoning associated with this ordinances are as follows: (1) The private drive shall be gated at the beginning of events, so as not to allow event traffic to depart the site by way of Indiana Avenue. (2) A maximum of six rental cabins may be occupied prior to completion of the special events facility, such cabins being located along the Dekle Drive frontage. SECTION 4. Except as specifically modified or amended herein the April 2006 Ordinance is saved from repeal and shall remain in full force and effect. SECTION 5. Except as described in Section 4 above, all ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on the request of Beall and Company, LLC Owner: WRE Holdings, LLC, Winterville Meadows Homeowners Association, LLC & DP Group Investments, LLC Planned Development Amendment to AR, A (PD) (Agricultural Residential, Airport Overlay, Planned Development) on 125.23 acres known as 100 Trinity Pond Road, et al. Proposed use is single-family residential. Type II Planning Commission recommendation: Approval with condition (unanimous) Citizen input 1. Ken Beall, for petitioner – supported A motion was made by Commissioner Davenport, seconded by Commissioner Parker, to adopt the following ordinance (#20-10-66) 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 A PLANNED DEVELOPMENT FOR A PARCEL OF LAND COMPRISING APPROXIMATELY 125.23 ACRES LOCATED AT 100 TRINITY POND ROAD ET AL. IN THE AR, A (PD) (AGRICULTURAL RESIDENTIAL AIRPORT OVERLAY, PLANNED DEVELOPMENT) DISTRICT; 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 modifying a planned development for multiple parcels of land comprising approximately 125.23 acres located at 100 Trinity Pond Road et al., Athens, Georgia, in the AR, A (PD) (Agricultural Residential, Airport Overlay, Planned Development) District. The affected parcels are more fully described in that certain document entitled “The Meadows, Sheet Title Final Master Plan,” said document dated July 30, 2020, designated in the lower right-hand corner as Sheet No. 1, prepared by Kenneth A. Beall, 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 original planned development amended by this ordinance is described in that certain ordinance entitled “AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO REZONING FROM AR(A) (AGRICULTURAL RESIDENTIAL – AIRPORT OVERLAY) TO AR(A)(PD) (AGRICULTURAL RESIDENTIAL – AIRPORT OVERLAY – PLANNED DEVELOPMENT) ON 125.23 ACRES OF LAND LOCATED ON ROBERT HARDEMAN ROAD; AND FOR OTHER PURPOSES,” which was adopted by the Commission on May 7, 2002 (hereinafter the “May 2002 Ordinance”). SECTION 2. The updated site plan associated with this ordinance and incorporated by reference herein consists of one page in total, numbered and titled in the lower-right hand corner. The site plan is entitled “The Meadows, Final Master Plan,” numbered “Sheet 1,” and dated July 30, 2020, is stamped “Binding 9-9-20,” 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 is entitled “Revised Master Plan Written Report, The Meadows AR (PD) Conservation Subdivision,” consists of five pages, dated July 30, 2020, stamped “Binding 9-9-20,” 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 (hereinafter the “Addendum”). Said Addendum is intended to, and shall be construed to, supplement that certain written report entitled “Master Plan Written Report for Martin Meadows” dated “Revised April 18, 2002”, stamped “Zoning Master Plan Report -- Binding Report 4/9/02,” and incorporated by reference into the May 2002 Ordinance. SECTION 3. No development permits shall be issued to any parcel located within the above- described planned development unless and until the developer has consulted with the Athens-Clarke County Fire Marshal’s Office and made all required modifications to the gated development entrance. SECTION 4. Except as specifically modified or amended herein, the May 2002 Ordinance is saved from repeal and shall remain in full force and effect. SECTION 5. Except as described in Section 4 above, all ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on proposed text amendment – Grocery stores and colleges in CN zone. Planning Commission recommendation: Approval (unanimous) Citizen input There was no citizen input. A motion was made by Commissioner Link, seconded by Commissioner Wright, to adopt the following ordinance (#20-10-67) 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 GROCERY STORES AND COLLEGES; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows:  SECTION 1. Section 9-10-2, entitled “Permitted uses,” of the Code of Athens-Clarke County, is hereby amended by deleting from the chart therein at the intersection of the row entitled “Colleges” and the column entitled “C-N Neighborhood” the phrase “L(4)” and replacing it with the phrase “L(3)”; and said Section is further amended by amending the legend below said chart by adding to the footnote entitled “L(3)” the phrases “and colleges” and “36,000,” and deleting the phrase “30,000,” so that Section 9-10-2 is as follows : “Sec. 9-10-2. Permitted uses. The following uses and their accessory uses are permitted as shown in the use table below: Commercial Zoning Districts C-N Neighborhood Retail Sales and Service L(3) Colleges L(3) L(3) = Uses are limited to no more than 10,000 square feet of gross floor area per lot, except grocery stores and colleges, which may have 36,000 square feet of gross floor area per lot; provided, however, multifamily dwellings and dwellings above businesses are permitted under L(1) above. Any development exceeding these parameters shall be subject to approval under the special use procedures section.” 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 one single item. Only one vote was taken. A motion was made by Commissioner Denson, seconded by Commissioner Parker, to consent to action on the following seven items. The motion passed by unanimous vote. 1. ADOPT: The following resolution (Attachment #1) authorizing the submission of an application for and the acceptance of the annual Transit Planning Assistance Grant (Title 49 USC Section 5303) for FY 2022 (July 1, 2021 – June 30, 2022), if awarded, in the estimated maximum amount of $80,800 in federal funding as per agenda report dated August 25, 2020; and authorize the Mayor and appropriate staff to execute the resulting contract between the Unified Government of Athens-Clarke County (ACCGov) and the Georgia Department of Transportation (GDOT). AUTHORIZING RESOLUTION Resolution authorized the execution of contracts between the Department of Transportation, United States of America, the Georgia Department of Transportation, and the Unified Government of Athens-Clarke County, for a grant under the title 49 U.S.C., Section 5303, for FY 2022 (July 1, 2021 through June 30, 2022.) WHEREAS, the Secretary of Transportation and the Commissioner of the Georgia Department of Transportation are authorized to make grants for mass transportation projects; WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local project costs; and WHEREAS, it is required by the U.S. Department of Transportation and the Georgia Department in accordance with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Federal Transit Act, the applicant gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that minority Business Enterprise, Disadvantaged Business Enterprise and Women Business Enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts and purchase orders when procuring construction contracts, supplies, equipment contracts, or consultant and other services; and  WHEREAS, the Federal government and the State of Georgia will provide at least $80,800 of the funding for the Transit Planning (Section 5303) contract expenses incurred by the Unified Government subject to a maximum local match of $20,200. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Commission of the Unified Government of Athens-Clarke County: That the Mayor is authorized to execute and file an application on behalf of the Unified Government of Athens-Clarke County with the Georgia Department of Transportation to aid in the financing of a technical study grant pursuant to Section 5303 of the Federal Transit Act to implement specific items of the FY 2022 Madison Athens-Clarke Oconee Regional Transportation Study (MACORTS) Unified Planning Work Program. That the Mayor is authorized to execute and file with such application an assurance or any other document required by the U.S. Department of Transportation and Georgia Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964 ; That the Planning Director of Athens-Clarke County is authorized to furnish such additional information as the U.S. Department of Transportation and the Georgia Department of Transportation may require in connection with the application or the project; That the Mayor is authorized to set forth and execute Minority Business Enterprise, DBE (Disadvantaged Business Enterprise,) and WBE (Women Business Enterprise) policies and procedures in connection with the projects procurement needs. That the Mayor and appropriate staff is authorized to apply for a grant, accept such grant, if awarded, and execute these grant agreements on behalf of the Unified Government of Athens- Clarke County with the Georgia Department of Transportation to aid in the financing of a technical study grant to implement specific items of the MACORTS Unified Planning Work Program. That the Unified Government of Athens-Clarke government while making application to or receiving grants from the Federal Transit Administration will comply with FTA Circular 8100.1D, FTA Certifications and Assurances for Federal Assistance 2021 as listed in this grant application and General Operating Guidelines as illustrated in the Georgia State Management Plan. That the Unified Government of Athens-Clarke government has or will have available in the General Fund the required non-federal funds to meet local share requirements for this grant application. 2. ADOPT: The following resolution (Attachment #1) authorizing the application for and acceptance of both the Federal Planning (PL) contract associated with the annual Metropolitan Transportation Planning Grant and the proposed unfunded project for FY 2022 (July 1, 2021 – June 30, 2022), if awarded as per agenda report dated August 25, 2020; and authorize the Mayor and appropriate staff to execute the resulting contracts between the Unified Government of Athens-Clarke County (ACCGov) and the Georgia Department of Transportation (GDOT). AUTHORIZING RESOLUTION Resolution authorizing the execution of contracts between the Department of Transportation, United States of America, the Georgia Department of Transportation, and the Unified Government of Athens-Clarke County for the FY 2022 (July 1, 2021 – June 30, 2022) Planning (PL) Contract and the special project contract for the Update of the Metropolitan Transportation Plan to 2050, if awarded. WHEREAS, the Federal Government requires that Urbanized Areas such as Athens have a formal planning process as it relates to the planning of transportation projects; and WHEREAS, the Federal Government will not authorize the expenditure of funds for said transportation projects unless they come out of this formal transportation planning process; and WHEREAS, the formal transportation planning process is organized around what is commonly known as the Madison Athens-Clarke Oconee Regional Transportation Study (MACORTS); WHEREAS, the staff of the Unified Government of Athens-Clarke County Planning Department provides support for MACORTS planning efforts;  WHEREAS, the Federal Government will provide up to an estimated amount of $212,000 of the funding for the transportation planning (PL) contract expenses incurred by the Unified Government of Athens-Clarke County subject to a 20% local match of the funded amount (estimated to be a maximum of $53,000); WHEREAS, the Federal Government will provide up to $280,000 of the funding for expenses incurred by the Unified Government of Athens-Clarke County subject to a 20% local match of the funded amount (estimated to be a maximum of $70,000) associated with the special project contract (Update of the Metropolitan Transportation Plan to 2050), if awarded; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Commission of the Unified Government of Athens-Clarke County: That the Mayor and appropriate staff are authorized to apply for a grant, accept such grant if awarded, and execute an associated contracts with the Georgia Department of Transportation (GDOT) for the FY 2022 Transportation Planning (PL) Contract Funds and the special project contract for the Update of the Metropolitan Transportation Plan to 2050, if awarded. 3. APPROVE: An application for a $240,000 grant through the Land and Water Conservation Fund from the Georgia Department of Natural Resources, and accept funding if awarded as per agenda report dated July 29, 2020; and approve the use of up to $240,000 from SPLOST 2020 – Project #34 – Water Trails Project in support of this grant, if awarded; and authorize Mayor and appropriate staff to execute all related documents. 4. APPROVE: A final deductive adjusting change order in the amount of $256,592.98 for the Water Transmission Grid Phase I Project as per agenda report dated August 24, 2020; and authorize the Mayor and appropriate staff to execute all related documents. 5. APPROVE: a) The preliminary construction plans for the Rear Arch Street joint use stub sanitary sewer construction project as per revised agenda report dated September 14, 2020; b) Authorize staff to complete the final construction plans and solicit bids for construction; and c) Authorize the Mayor and appropriate staff to execute a work authorization to an on-call contractor to perform the work in the amount not to exceed $475,000 for construction. 6. APPROVE: a)The Preliminary Plans for TSPLOST 2018 Project 06 - Sub-Project #3, beginning at the intersection of Spring Valley Road and Hancock Road intersection (Station 0+50) to Station 139+50 at the southeastern corner of Parcel 222 018, for the Firefly Trail Project as generally shown on Attachment #1 as per revised agenda report dated September 30, 2020; b) Authorize staff to advance the proposed Preliminary Plans for the portion, noted above, of the TSPLOST 2018 Project 06 - Sub-Project #3 - Firefly Trail Project (TSPLOST 2018 Project #06) to the Bid & Award Phase; c) Authorize staff to begin acquisition of right-of-ways for the portion, noted above, of the TSPLOST 2018 Project 06 - Sub-Project #3 - Firefly Trail Project; and d) Authorize the Mayor and appropriate staff to execute all related documents. 7. APPROVE: A work authorization with Western Summit Constructors, Inc. in the amount of $228,755 for the J.G. Beacham Water Treatment Plant high service pump station ventilation upgrades as per agenda report dated August 25, 2020; and authorize the Mayor and appropriate staff to sign all documents related to the work authorization. Old business discussion A motion was made by Commissioner Wright, seconded by Commissioner Davenport, to a) Approve the submission of an application by the Athens-Clarke County Police Department (ACCPD) for the 2020 Justice Assistance Grant (JAG) as per agenda report dated August 18, 2020; b) Accept the grant funds, if awarded; c) Adopt the following budget amendment ordinance (#20-10-68) which was presented by title only; and d) Authorize the Mayor and appropriate staff to execute all documents associated with the grant. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE FY2021 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE GRANT FUNDING, IF AWARDED, FROM THE FEDERAL JUSTICE ASSISTANCE GRANT PROGRAM FOR ENHANCED COMMUNITY OUTREACH INITIATIVES AND IMPROVED COMMUNICATIONS; 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, if awarded, from the Federal Justice Assistance Grant Program for enhanced community outreach and improved communications. Said Operating and Capital budget is hereby amended as follows: Grants Special Revenue Fund: REVENUES: Increase: Federal Justice Assistance Grant $34,451 Expenditures: Increase: Police Department– Operating Expenses $34,451 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) Approve the request of Georgia Power Company (GPC) and Atlanta Gas Light Company (AGLC) to submit the former Athens Manufactured Gas Plant property to the Voluntary Remediation Program as per revised agenda report dated September 30, 2020; b) Accept the deed from GPC and AGLC for the two parcels of land previously retained and a release of easement rights by GPC and AGLC for monitoring wells to the site as shown on attachment #1; and c) Amend the Intergovernmental lease agreement between the Unified Government of Athens- Clarke County and The Classic Center Authority to include the newly acquired parcels. The motion passed by unanimous vote  A motion was made by Commissioner Wright, seconded by Commissioner Link, to accept the recommendation by the Legislative Review Committee as per the report dated September 2, 2020 allowing the Inclusion Officer to proceed with hiring the one fulltime Communication Strategist that the Mayor and Commission approved for the FY21 budget rather than waiting until January 2021. A substitute motion was made by Commissioner Hamby, seconded by Commissioner Thornton, to HOLD for 30 days the Legislative Review Committee report. The substitute motion passed by unanimous vote. New business – Consider under suspension of Rules A motion was made by Commissioner Wright, seconded by Commissioner Parker to suspend Rules of commission for new business. The motion passed by unanimous vote. A motion was made by Commissioner Wright, seconded by Commissioner Parker, to accept the recommendation from the Legislative Review Committee to prohibit shareable dockless mobility devices (e-scooters), excluding e-bikes, in Athens-Clarke County as per the report dated September 23, 2020. A substitute motion was made by Commissioner Davenport, seconded by Commissioner Denson, to HOLD the recommendation from the Legislative Review Committee and direct the Attorney’s Office to draft an ordinance to ban shareable dockless mobility devices in Athens-Clarke County. The substitute motion failed by roll call vote with Commissioners Davenport, Parker, Link, Denson voting YES; Commissioners Wright, Edwards, Herod, Thornton, and Hamby voting NO. (4 YES; 5 NO) A substitute motion was made by Commissioner Herod, seconded by Commissioner Parker, to accept the recommendation by the Legislative Review Committee, and to direct the Attorney’s Office to prepare an ordinance to ban shareable dockless mobility devices in Athens-Clarke County. The motion passed by unanimous vote. A motion was made by Commissioner Denson, seconded by Commissioner Davenport, to adopt the following ordinance (#20-10-69) which was presented by title only to amend the Delivery of Alcohol Beverages Ordinance. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO DELIVERY OF ALCOHOLIC BEVERAGES; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Subsection (q) of section 6-3-5 of the Code of Athens-Clarke County, Georgia, entitled “Sales areas, activities” is hereby amended by adding the words “except as authorized by O.C.G.A. § 3-3-10” so that the new subsection is: “Sec. 6-3-5. General regulations pertaining to all licenses. (q) Sales areas, activities. Except as authorized by O.C.G.A. § 3-3-10, it shall be unlawful for any licensee to make delivery of any alcoholic beverages licensed to be sold except within the premises or areas licensed for sale thereof. No package store licensee shall permit the consumption of alcohol sold by him by the package on the lot or premises where the licensed establishment is located, nor shall any individual consume the contents of such packages on the lots or premises where the licensed establishment is holding a Class A, B, or C license. Provided, however, that such licensee may sell package malt beverages or wines by means of a drive-in window, provided any such drive-in window shall be well lighted and clearly visible from the street or sidewalk and shall not be located at the rear of any licensed premises.” SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.  A motion was made by Commissioner Thornton, seconded by Commissioner Link, to accept the report entitled Inmate Healthcare Contract Audit Report as per agenda report dated September 18, 2020; completed by the Office of Operational Analysis related to the inmate healthcare services agreement between the Clarke County Sheriff’s Office and Armor Correctional Healthcare. The motion passed by unanimous vote. A motion was made by Commissioner Edwards, seconded by Commissioner Parker, to approve the COVID-19 grant application and award for the Board of Elections & Voter Registration as per agenda report dated September 23, 2020; authorize submission and acceptance of the $115,875 grant funds by the Center for Tech and Civic Life, and authorize the Mayor and appropriate staff to execute all documents associated with the grant. The motion passed by unanimous vote. A motion was made by Commissioner Edwards, seconded by Commissioner Davenport, to a. Approve the Agreement of Purchase and Sale, as per attachment #1, to acquire approximately 190 acres from Rock Hill, LLC, WAS Rock Holdings, LLC, MJS Holdings, LLC and The Newland Family Foundation, Inc. as per agenda report dated September 28, 2020; b. Approve the assumption of the Lease and Quarrying Agreement with Hanson Aggregates Southeast LLC, as per attached as Exhibit C to the Agreement of Purchase and Sale; c. Authorize closing on the property transaction; 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 Edwards, seconded by Commissioner Davenport, to approve the revised Intergovernmental Contract Agreement for the North Downtown Athens Development Project Property Acquisition. The motion passed by unanimous vote. A motion was made by Commissioner Wright, seconded by Commissioner Link, to adopt the following ordinance (#20-10-70) which was presented by title only. The motion passed by unanimous vote. AN ORDINANCE FOR THE NINTH 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, June 29, 2020, July 31, 2020, August 31, 2020, and again on September 30, 2020 so that it will remain in effect at least through Monday November 9, 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, July 7, 2020, July 30, 2020, August 18, 2020 and again on September 15, 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, 08.15.20.01, 08.31.20.02, and 09.30.20.02 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 09.30.20.02 (“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, 07.15.20.01, 08.15.20.01, 08.31.20.02, and 09.30.20.02 required Vulnerable Populations to continue to shelter in place, with exceptions that include participating in essential services and working, through October 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 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. 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, evidence from the South Carolina Department of Health and Environmental Control announced on August 12, 2020, that parts of the State of South Carolina under public mask-wearing mandates registered a 46.3% drop in coronavirus cases in the four weeks after they were introduced as compared to areas of the state which did not impose such mandates; WHEREAS, evidence from data from the State of Alabama shows a 11/% drop in COVID- 19 cases in the four weeks since the state’s mandate went into effect; and WHERAS, according to a Vanderbilt University study, hospitals in the State of Tennessee where at least 75% of patients came from mask-mandate counties reported hospitalizations rising by only 30% since July 1, 2020, as compared to a rise of 200% in the same time period when 75% or more of patients came from counties without mask mandates in the State of Tennessee; 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 Thursday, October 1, 2020, Georgia now has 319,334 confirmed cases of COVID-19, including 5,105 confirmed cases in Athens-Clarke County; and WHEREAS, according to the Georgia Department of Public Health COVID-19 update, 7,063 individuals in Georgia have died and 28,668 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, 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 August 31, 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; and 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 2 Athens-Clarke County v. Walton Electric Membership Corporation, 265 Ga. 229, 230 (1995). Government as described in Section 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, low 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 November 6, 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 within Athens-Clarke County to slow the spread of the novel coronavirus disease known as COVID- 19 as follows: (a) The provisions of this Ordinance shall only be enforced when the prevalence in Athens-Clarke County of confirmed cases of COVID-19 over the previous fourteen (14) days is equal to or greater than one hundred (100) cases per one hundred thousand (100,000) people according to the Georgia Department of Public Health. (b) For purposes of this Ordinance, the following terms are hereby defined as follows: (1) Entity means any private business, establishment, corporation, non-profit corporation, or organization, including the curtilage thereof. (2) Facial covering or mask means a device to cover the nose and mouth of a person and impedes the spread of saliva, respiratory droplets, or other fluids during speaking, coughing, sneezing or other intentional or involuntary action. Medical grade masks are not required; coverings may be fashioned as advised by the CDC and from other suitable fabrics. The mask must cover the mouth and nose of the wearer. (3) Polling place means the room provided in each precinct for voting at a primary or election. (4) Public place means any place other than a personal vehicle, residential property, or an entity including the curtilage thereof. (c) Except as otherwise provided in this Ordinance all persons in an entity or a public place shall wear a facial covering or mask over the mouth and nose at all times where other physical distancing measure may be difficult to maintain from non-cohabitating persons. (d) Facial coverings or masks are not required in the following circumstances: (1) In personal vehicles or upon residential property; (2) When a person is alone in enclosed spaces or only with other household members; (3) When the individual has a bona fide religious objection to wearing a facial covering or mask; (4) While drinking or eating; (5) When a licensed healthcare provider has determined that wearing a facial covering or mask causes or aggravates a health condition for the individual or when such person has a bona fide medical reason for not wearing a facial covering or mask; (6) When wearing a facial covering or mask would prevent the receipt of personal services or performing work in the course of employment; (7) When complying with the directions of a law enforcement officer or for the purposes of verifying a person’s identity, such as when purchasing alcohol, tobacco, or prescription drugs or when engaging in a financial transaction; (8) Children under the age of ten (10) years; (9) When the individual is having difficulty donning or removing a face mask or face covering without assistance; (10) At any polling place and no individual shall be denied ingress or egress to or from a polling place for failure to wear a facial covering or mask; and (11) When outdoors and maintaining social distancing from anyone other than individuals with whom they cohabitate. (e) (1) Every entity subject to this Ordinance which does not consent to enforcement of this Ordinance upon its property shall post a clearly legible sign in one inch Arial font at all public entrances of such entity stating the following: “This location does not consent to enforcement of any local face covering requirement upon this property.” (2) If an entity does not post the signage described in subparagraph (1) of this paragraph it shall be conclusively presumed to have consented to enforcement of this Ordinance on its property and failures by individuals to wear facial coverings or masks as required by this ordinance shall be determined to be violations and enforced as contemplated in paragraph (f). (f) Violations 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 paragraph (c) of Section 6 of this Ordinance shall be first given a warning and an opportunity to put on a facial covering or mask, leave the entity, or comply with one of the exceptions in paragraph (d) of Section 6. (2) If the person violating this Ordinance refuses or fails to comply with this Ordinance after being given a warning pursuant to subparagraph (1) of this paragraph then such person may be subject to a civil penalty of not more than $25.00 on the first offense and not more than $50.00 on the second and any subsequent offenses. (3) A notice of violation may be served by delivery into the hands of the suspected violator or by other reasonable process for serving notice of ordinance violations used by Athens- Clarke County. (4) Violations of this ordinance shall not be enforced against any entity and shall not be taken against any owner, director, officer, or agent of an entity for the failure of their customers to comply with this ordinance. (5) Notwithstanding the foregoing, 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, including providing complimentary masks, explaining the importance of wearing facial coverings during this pandemic, and issuing verbal and written warnings. (g) In all locations where facial coverings or masks are not required to be worn pursuant to this Ordinance, they are strongly encouraged to be worn. 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 Friday, November 6, 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. SECTION 8. Copies of this Ordinance shall be: (1) promptly posted at Athens-Clarke County City Hall, 301 College Avenue, Athens, Georgia; (2) promptly posted on the www.accgov.com website; and (3) provided to any member of the public requesting a copy of this Order. FROM MAYOR GIRTZ: 1. Announced a proclamation will be issued to the following recognizing participation in the Adopt-A- Highway Program. Adopting Organization Location Classic City Rotary Sunset Drive between Prince Avenue and King Avenue 2. Reminded everyone that early voting starts on Monday, October12 or visit accgov.com/elections for more information. FROM MANAGER WILLIAMS: 1. Reported acceptance of a grant from FY20 Assistance to Firefighters Grant Program – COVID-19 Supplemental. 2. Condolences to the family of Major Clarence Holeman a Retired Athens-Clarke County Police Officer who passed away on October 3. 3. Stated Dr. Lipp, UGA Professor and Scientist, provided a proposal for sampling the wastewater in Athens-Clarke County. FROM AUDITOR MADDOX: 1. Stated that the Audit of the Sheriff’s Office Inmate Medical Contract Compliance will be updated before it is added to the ACCGov website. FROM COMMISSIONER THORNTON: 1. Bethel Village open houses is scheduled for this weekend. 2. Thanked Downtown Authority for providing internet service for children in the Bethel Homes and downtown area. 3. Encouraged by the way the CARES Act funds are being used. 4. Thanked Auditor Maddox for her hard work on the audits. FROM COMMISSIONER HEROD: 1. Thanked the Public Safety staff for the enforcement of the mask ordinance and distribution of masks. 2. Encouraged everyone to wear their mask. FROM COMMISSIONER EDWARDS: 1. Thanked staff for assistance on the street lights in the Dearing Street Historic District neighborhood. 2. Stated we have large illuminated signs displaying mask are required by law throughout the city, wearing a mask is important to have declining cases. FROM COMMISSIONER DENSON: 1. Stated he will host a virtual town hall meeting on Wednesday, October 7 in reference to homelessness and other concerns in District 5. 2. Participated in virtual meeting reference to the Western Downtown Historic District. The Commission should look into using WebEx for more public input. FROM COMMISSIONER LINK: 1. Stated concerns about the spreading of COVID-19 thru gatherings. 2. Thanked businesses that are abiding by the ordinances related to COVID-19. 3. Stated she hope that the Local Downtown Historic District is approved. FROM COMMISSIONER PARKER: 1. Stated her constituents are meeting in regards to comprehensive plans in District 2, the next meeting is Sunday, October 11 at EADC from 5 p.m. to 7 p.m. FROM COMMISSIONER DAVENPORT: 1. Thanked Mayor Girtz and Commissioner Edwards for visiting the Carney Lake Road Resident. 2. Reminded everyone of early voting on Monday, October 12. 3. Stated he would like to look into banning vaping and e-cigarettes within establishments. 4. Stated residents are interested in the Pilot Park program. 5. Stated concerns about COVID-19 and everyone should wear masks and social distance. 6. Thanked ACCPD for the job they do with handling of this pandemic. 7. Stated that some people are not handling this pandemic well and depression is real. Reach out to people to see how they are doing. MAYOR AND COMMISSIONERS: Expressed condolences to the family of Major Clarence Holeman, a retired Athens-Clarke County Police Officer. A motion was made by Commissioner Davenport, seconded by Commissioner Herod, to enter into executive session for an attorney client conference to discuss real estate acquisition and/or disposal. The motion passed by unanimous vote. The meeting adjourned at 8:47 p.m. ______________________________ Clerk of Commission