Mayor & Commission Meetings

Due to the COVID-19 pandemic, the October 27 Mayor and Commission session was remote. The meeting could 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 Special Called Session Tuesday, October 27, 2020 6:00 p.m. City Hall/WebEx The Unified Government of Athens-Clarke County, Georgia met this date in a special called session. Present: Mayor Girtz; Commissioners Davenport, Parker, Link, Wright, Denson, Edwards, Herod, and Hamby. Absent: Commissioner Thornton. The purpose of the meeting was to consider extension of a moratorium for certain demolition permits on certain parcels of land within the area described as the Downtown Athens National Register Historic District; ratification of a local emergency order; Mayor and Commission meeting dates; and any other item in proper order. New business – Consider under suspension of Rules A motion was made by Commissioner Denson, seconded by Commissioner Link, to suspend Rules of Commission for consideration of new business items. The motion passed by unanimous vote. A motion was made by Commissioner Denson, seconded by Commissioner Link, to adopt the following ordinance (20-10- ) which was presented by title only. The motion passed by roll call vote with Commissioners Parker, Link, Denson, Edwards, Herod. and Hamby voting YES; and Commissioners Davenport and Wright voting NO. (6 YES; 2 NO) THIRD AMENDMENT TO RESOLUTION ESTABLISHING A TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR CERTAIN DEMOLITION PERMITS ON CERTAIN PARCELS OF LAND WITHIN THE AREA DESCRIBED AS THE DOWNTOWN ATHENS NATIONAL REGISTER HISTORIC DISTRICT Whereas, on January 18, 2019, the Commission of Athens-Clarke County, Georgia adopted that certain resolution entitled “RESOLUTION ESTABLISHING A TEMPORARY MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR CERTAIN DEMOLITION PERMITS ON CERTAIN PARCELS OF LAND WITHIN THE AREA DESCRIBED AS THE DOWNTOWN ATHENS NATIONAL REGISTER HISTORIC DISTRICT,” which shall hereinafter be referred to as the “Downtown Athens Resolution”; and Whereas, the Downtown Athens Resolution imposed a moratorium on the acceptance of new applications for demolition permits proposing complete demolition of any structure within an area defined as the “Moratorium Area” in said resolution; and Whereas, the Downtown Athens Resolution imposed said moratorium until January 31, 2020; and Whereas, the Commission believed it appropriate to receive additional input from members of the public, the staff of the Unified Government of Athens-Clarke County, Georgia, and affected parties regarding a potential new, locally-designated historic district within the Moratorium Area; and Whereas, in order to receive additional input as described above, on December 3, 2019, the Commission extended the moratorium period until June 30, 2020; 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 is officially a global pandemic according to the WHO; and Whereas, on March 13, 2020, President Donald Trump has declared a national emergency for the United States of America in response to COVID-19; and  Whereas, the Governor of the State of Georgia declared a State Public Health Emergency on March 14, 2020, to wit, Executive Order No. 03.14.20.01; and Whereas, because of the global pandemic it was impossible to receive the additional input from the public which the Commission deemed appropriate; and Whereas, in order to provide additional time to receive input from the public as described above, on May 19, 2020, the Commission again extended the moratorium period until November 3, 2020; and Whereas, November 3, 2020, is the first Tuesday in the month of November and would normally be the date of the regular voting meeting of the Mayor and Commission; and Whereas, this year November 3, 2020, is also an election day; Whereas, on October 1, 2002, the Mayor and Commission adopted an ordinance that changed the date of Mayor and Commission meetings that fall on Tuesdays on which elections are scheduled to the following Wednesday; and Whereas, because of the above-described ordinance, the regularly scheduled November 3, 2020, Mayor and Commission meeting has been moved to November 4, 2020; and Whereas, in order to comply with all notice requirements, it is necessary to move the consideration of the potential new, locally-designated historic district within the Moratorium Area to November 17, 2020; and Whereas, the Commission believes it appropriate, in light of the above-described change in meeting dates to extend the moratorium period in order to provide proper legal notice to all property owners in the Moratorium Area; Now, therefore, the Commission of Athens-Clarke County, Georgia hereby resolves as follows: 1. The Commission hereby amends Paragraph 2 of the Downtown Athens Resolution by deleting the first sentence thereof and replacing it with the following: The Commission further declares and establishes through November 17, 2020, a moratorium on the acceptance of new applications for demolition permits proposing complete demolition of any structure within the Moratorium Area as shown on the Proposed Downtown Moratorium Map. 2. Except as amended herein, all terms and conditions of the Downtown Athens Resolution shall remain in full force and effect. A motion was made by Commissioner Wright, seconded by Commissioner Denson, to adopt the following ordinance (20-10- ) as presented with an amendment to allow the Manager the authority to continue the current pilot program for one (1) additional weekend. The motion passed by unanimous vote. AN ORDINANCE TO RATIFY A LOCAL EMERGENCY ORDER ISSUED BY THE MANAGER ON OCTOBER 23, 2020, RELATED TO THE SUSPENSION OF PROVISIONS OF THE ALCOHOLIC BEVERAGE ORDINANCE RELATING TO OUTDOOR RETAIL AREAS; AND FOR OTHER PURPOSES. WHEREAS, beginning in late 2019, the severe acute respiratory syndrome coronavirus 2, SARS-CoV-2, emerged causing a novel coronavirus disease, COVID-19, which has now become a worldwide pandemic; 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, September 15, 2020 and again on October 6, 2020; and WHEREAS, the COVID-19 pandemic has resulted in disruptions to resident and community affairs as well as changes to how governmental services are provided; and WHEREAS, Athens-Clarke County’s businesses, including thousands of small businesses, have also been impacted by the COVID-19 pandemic through business closures and reduction of hours; and WHEREAS, the temporary suspension of certain provisions of the Alcoholic Beverages Ordinance will assist local businesses in responding to and coping with COVID-19 Emergency; and WHEREAS, I believe it is in the best interest of Athens-Clarke County, its residents, and its businesses to temporarily suspend the enforcement of certain provisions of the Alcoholic Beverage Ordinances in order to assist local business and residents coping with the COVID-19 IT IS HEREBY ORDERED, that the order related to the suspension of provisions of the alcohol beverage ordinance relating to Outdoor Retail Areas issued by the Manager on October 23, 2020 are hereby ratified and adopted by the Mayor and Commission of Athens-Clarke County. IT IS FURTHER ORDERED, That 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 licensee 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 is participating in the Outdoor Retail Area Program pursuant to policy number MGR-008B entitled “A Policy to Establish Outdoor Retail Areas for Event Weekends During the COVID-19 Pandemic,” attached hereto as Exhibit A, and who are transporting, serving, or consuming alcoholic beverages in the Outdoor Retail Area as approved by the Athens-Clarke County Central Services Department or who are transporting alcoholic beverages across public streets, sidewalks or rights-of-way for the purpose of serving or consuming said beverages in said Outdoor Retail Area. IT IS FURTHER ORDERED, that the Athens-Clarke County Commission gives the Manager the authority to continue the current pilot program for one (1) additional weekend. IT IS FURTHER ORDERED, that 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 27, 2020, or until it is extended, superseded, or amended by an ordinance of the Commission. A motion was made by Commissioner Link, seconded by Commissioner Edwards, to adopt the following ordinance (20-10- )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 THE DATE OF MAYOR AND COMMISSION MEETINGS THAT FALL ON TUESDAYS ON WHICH PRIMARIES, RUN-OFFS, OR GENERAL ELECTIONS ARE SCHEDULED; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. When the regularly scheduled agenda-setting meetings and the regularly scheduled business meetings of the Mayor and Commission fall on a Tuesday during which any primary, run-off, or general election is also scheduled, the Mayor and Commission of Athens-Clarke County, Georgia will hold its agenda setting meeting and its business meeting on the Wednesday immediately following such primary, run-off or election day at 6:00 p.m. in the Commission Chamber of City Hall, 301 College Avenue, Athens, Georgia, or at any other such locations as the Mayor and Commission may, from time to time, decide. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. The meeting adjourned at 7:08 p.m. ___________________________________ Clerk of Commission