Mayor & Commission Meetings

Due to the COVID-19 pandemic, the November 4 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 Wednesday, November 4, 2020 6:00 p.m. City Hall/WebEx The Unified Government of Athens-Clarke County, Georgia met this date in regular monthly session. Present: Mayor Girtz; Commissioners Davenport, Parker, Link, Wright, Denson, Edwards, Herod, Thornton, and Hamby. Commissioner Parker came in at 6:20 p.m. A motion was made by Commissioner Davenport, seconded by Commissioner Denson, to approve Minutes of Tuesday, October 6; Tuesday, October 13; Tuesday, October 20; and Tuesday, October 27, 2020. The motion passed with eight yes votes. Written communications Entered in the record was notice of acceptance of the right of way for portions of streets in Towne Square Phase II. A motion was made by Commissioner Edwards, seconded by Commissioner Wright, to suspend Rules of Commission to rearrange order of business and consider items of new business. The motion passed by eight yes votes. 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 Herod, seconded by Commissioner Parker, to consent to action on the following 18 items. The motion passed by unanimous vote. 1. ADOPT: he following ordinance (#20-11-73) which was presented by title only. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO WATER AND SEWER FEES; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Section 5-3-71 entitled “Installations requiring state encroachment permit” of the Code of Athens-Clarke County, Georgia is hereby deleted in its entirety and the following new section is inserted in lieu thereof: Charges for all water and sewer service installations requiring a Georgia Department of Transportation right-of-way encroachment permit shall be set in accordance with Section 2-6-2.” SECTION 2. Section 5-3-72 entitled “Paving cut and bull head charges” of the Code of Athens- Clarke County, Georgia is hereby deleted in its entirety and the following new section is inserted in lieu thereof: “Sec. 5-3-72. - Paving cut and bull head charges.  Paving cut charges shall be set in accordance with Section 2-6-2, plus such additional amounts as the public utilities director shall determine which shall reflect the cost of labor, equipment, and other materials required for such work.” SECTION 3. Section 5-3-73 entitled “Security deposits for new applicants -- Water” of the Code of Athens-Clarke County, Georgia is hereby deleted in its entirety and the following new section is inserted in lieu thereof: “Sec. 5-3-73. - Security deposits for new applicants—Water The security deposit fee for customers under section 5-3-9(h) shall be set in accordance with Section 2-6-2.” SECTION 4. Section 5-3-74 entitled “Same -- Sewer” of the Code of Athens-Clarke County, Georgia is hereby deleted in its entirety and reserved for future use. SECTION 5. Section 5-3-75 entitled “Tap and meter charges” of the Code of Athens-Clarke County, Georgia is hereby deleted in its entirety and the following new section is inserted in lieu thereof: “Sec. 5-3-75. - Tap and meter charges. (a) Tap and meter charges shall be set in accordance with Section 2-6-2. (b) The public utilities director is hereby authorized to use his discretion in giving prices on sizes not referred to above and with the stipulation that at all times he shall ascertain the current cost and expense thereof when giving such quotation. (c) The turn-on fee shall be set in accordance with Section 2-6-2.” SECTION 6. Section 5-3-76 entitled “Water system connection fee” of the Code of Athens-Clarke County, Georgia is hereby deleted in its entirety and the following new section is inserted in lieu thereof: “Sec. 5-3-76. - Water system connection fee. (a) The water system connection fee shall be set in accordance with Section 2-6-2. (b) Multi-family structures or mixed commercial and multi-family structures shall pay a water connection fee that corresponds to the meter size. Multi-family structures or mixed but predominantly residential multi-family structures shall pay a water connection fee that corresponds to the meter size. (c) The Mayor and Commission may exempt all or part of particular development projects from water system connection fees if the Mayor and Commission determine that such projects will either: (i) create substantial economic development and employment growth of benefit to the Athens-Clarke County community, or (ii) preserve existing or provide additional affordable housing resources of substantial benefit to the Athens-Clarke County community.” SECTION 7. Section 5-3-77 entitled “Water rates” of the Code of Athens-Clarke County, Georgia is hereby deleted in its entirety and the following new section is inserted in lieu thereof: “Sec. 5-3-77. - Water rates. (a) Single-family residential rates. – Single-family residential accounts with a ¾-inch or smaller water meter shall pay a monthly customer service fee in accordance with subsection (f) herein and a tiered rate for water that passes through the meter in accordance with subsection (b) herein. (b) Tiered rates for ¾ inch single-family residential accounts. (1) The tier one rate shall be set in accordance with Section 2-6-2. a. The allocation of usage billed at tier one shall be the greater of 100 gallons per day or recent historical annual average usage for the same account holder, whichever is greater. The historical average calculation shall exclude apparent leaks. b. New accounts shall be allocated 100 gallons per day for tier one rates or 50 gallons per day per occupant based upon a legally binding affidavit for the number of occupants, whichever is greater. The maximum allocation for new accounts shall be 200 gallons per day. Affidavits shall not be accepted for established accounts, but an account holder with more than twelve-months of usage at the same account location may request an adjusted tier one allocation. c. If more than one residence is served by the ¾-inch meter that account will be classified as multifamily. (2) The tier two through tier four rates shall be set in accordance with Section 2-6-2. (c) Rates for other accounts. All commercial, industrial, institutional, multifamily and residential accounts with meters larger than ¾-inch, with the exception of irrigation-only and recycled water accounts, shall pay a monthly customer service fee in accordance with subsection (f) herein and a uniform rate for potable water set in accordance with Section 2-6-2. (d) Rates for irrigation-only accounts. Consumers of potable water through connections solely for outdoor irrigation shall pay the tier four rate set in accordance with Section 2-6-2 for all water that passes through the irrigation-only meter. Irrigation-only accounts shall not pay a monthly customer service fee. (e) Rate for recycled water. Recycled water (i.e., nonpotable, reclaimed) accounts shall pay a monthly customer service fee in accordance with subsection (f) herein and a uniform rate equal to half the rate stated in Section 5-3-77(c) and set in accordance with Section 2-6-2 for water that passes through the recycled water meter. (f) Monthly customer service fee and meter replacement fee. The monthly customer service fee to each account shall be set in accordance with Section 2-6-2. (g) Re-establishing service. A charge set in accordance with Section 2-6-2, plus any other expense, will be made to re-establish service after water is cut off for nonpayment of an account or other violation, SECTION 8. Section 5-3-78 entitled “Fire sprinkler system(s) charges” of the Code of Athens- Clarke County, Georgia is hereby deleted in its entirety and the following new section is inserted in lieu thereof: “Sec. 5-3-78. - Fire sprinkler system(s) charges. Charges on fire sprinkler systems shall be set in accordance with Section 2-6-2.” SECTION 9. Section 5-3-79 entitled “Wasterwater connection fee” of the Code of Athens-Clarke County, Georgia is hereby deleted in its entirety and the following new section is inserted in lieu thereof:“ “Sec. 5-3-79. - Wastewater connection fee. (a) The wastewater connection fee shall be set in accordance with Section 2-6-2. (b) Multi-family structures or mixed but predominantly residential multi-family structures shall pay a wastewater connection fee that is 0.6 multiplied by the ¾-inch sewer connection fee multiplied by the number of dwelling units served by the master meter. (c) The Mayor and Commission may exempt all or part of particular development projects from wastewater connection fees if the Mayor and Commission determine that such projects will either: (i) create substantial economic development and employment grown of benefit to the Athens-Clarke County community, (ii) facilitate conversion of existing on-site sewage disposal systems to public sewer which conversion will substantially benefit water quality in the watershed, or (iii) preserve existing or provide additional affordable housing resources of substantial benefit to the Athens- Clarke County community.” SECTION 10. Section 5-3-80 entitled “Sewer rates” of the Code of Athens-Clarke County, Georgia is hereby deleted in its entirety and the following new section is inserted in lieu thereof: “Sec. 5-3-80. - Sewer rates. Rates for wastewater discharged. Rates to be charged for wastewater discharged by customers of the Athens-Clarke County sewer system shall be set in accordance with Section 2-6-2. SECTION 11. Section 5-3-81 entitled “Same -- Surcharge” of the Code of Athens-Clarke County, Georgia is hereby deleted in its entirety and the following new section is inserted in lieu thereof: “Sec. 5-3-81. - Same—Surcharge. The wastewater surcharge rates for five-day BOD, suspended solids, and oil and grease shall be set in accordance with Section 2-6-2. Wastewater surcharges shall be charged by the Public Utilities Department's Water Business Office at the rates specified in this Section for Five-Day BOD, Total Suspended Solids, and Oil and Grease which exceed the quantities contained within Section 5-1-42 of this Ordinance. The surcharge fees will be changed in accordance with the rate schedule set pursuant to Section 2-6-2.” SECTION 12. Section 5-3-82 entitled “Development plan review and system evaluation fees” of the Code of Athens-Clarke County, Georgia is hereby deleted in its entirety and the following new section is inserted in lieu thereof: “Sec. 5-3-82. - Development plan review and system evaluation fees. Fees for reviewing new development plans, for water system evaluations and for wastewater evaluations by the department of public utilities shall be set in accordance with Section 2-6-2.” SECTION 13. Section 5-3-85 entitled “Fire hydrant meter rental fee” of the Code of Athens- Clarke County, Georgia is hereby deleted in its entirety and the following new section is inserted in lieu thereof: “Section 5-3-85. – Fire hydrant meter rental fee. Charges for fire hydrant meter rental shall be set in accordance with Section 2-6-2.” SECTION 14. Section 5-3-86 entitled “Inspection fees” of the Code of Athens-Clarke County, Georgia is hereby deleted in its entirety and the following new section is inserted in lieu thereof: “Section 5-3-86. – Inspection fees. Charges for inspection of development-installed water lines and sewers shall be set in accordance with Section 2-6-2.” SECTION 15. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 2. ADOPT: The following ordinance (#20-11-74) which was presented by title only. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO SHAREABLE DOCKLESS MOBILITY DEVICES, AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Findings. The Mayor and Commission initiated emergency legislation on December 4, 2018, to temporarily prohibit all shareable dockless mobility devices, including electric scooters and bicycles, in order to address concerns related to public peace, health, and safety due to the sudden and unexpected influx of shareable dockless mobility devices until a more permanent solution could be put in place to safeguard the traveling public and ensure compliance with all local and state laws. Staff of the Unified Government of Athens-Clarke County, Georgia, have worked diligently since the moratorium was first put in place to research the impacts of shareable dockless mobility devices, to explore regulations that would ensure that they could be operated safely within our community, and to propose a structure for a proposed pilot program. However, due to the complexity of the issues surrounding shareable dockless mobility devices and the need to carefully consider the potential impacts of these devices upon our community, the Unified Government required additional time to finish developing the proposed pilot program and implement the RFP process. Given the serious concerns raised by the deployment of shareable dockless mobility devices regarding public safety and accessibility and the complexity of the regulatory process, on October 1, 2019, the moratorium was modified to exclude Class I electric assisted bicycles as defined in O.C.G.A. § 40-6-300, as well as traditional bicycles, and it was extended by six months to June 4, 2020, in order to continue to protect the community and to ensure compliance with all state and local laws while the Unified Government continued to explore options for a pilot program. Since that time, staff and members of the Mayor and Commission have continued to work diligently to develop a pilot program crafted to meet the needs of the Athens-Clarke County community. On October 8, 2019, the Mayor and Commission heard a staff presentation on proposed pilot terms and issued feedback. On October 15, 2019, representatives of the Unified Government testified before the Senate Study Committee on Evaluating E-scooters and Other Innovative Mobility Options for Georgians, and the Unified Government has continued to monitor proposed state legislative efforts and reports issued by the committee with regards to public safety and potential regulations of shareable dockless mobility devices. Given the complexity of the subject and the importance of evaluating the specific needs and challenges of the Athens-Clarke County community, on November 21, 2019, the Legislative Review Committee directed the Athens in Motion Commission, an advisory commission that is tasked with recommending policies for a safe and connected network of bicycle and pedestrian facilities within Athens-Clarke County, to use their expertise to research and evaluate health and safety concerns for all transportation users with regards to shareable dockless mobility devices. On February 27, 2020, the Athens in Motion Commission issued a statement providing guidance to the Unified Government’s Legislative Review Committee after having performed a substantial amount of work reviewing the potential impacts of shareable dockless mobility devices on the Athens-Clarke County community. Shortly thereafter and before the Legislative Review Committee could meet again to consider this report, the COVID-19 pandemic began, resulting in the cancellation of the Legislative Review Committee’s regularly scheduled March and April meetings. As a result, the moratorium was extended for an additional six months on May 5, 2020, such that the moratorium would expire on December 4, 2020. After detailed review of the Athens in Motion Commission’s recommendations and a thorough evaluation of the potential benefits and harms to the Athens-Clarke County community, the Legislative Review Committee voted unanimously to recommend a ban of shareable dockless mobility devices as defined in Sec. 3-3-68 of the Code of Ordinances of Athens-Clarke County. For all of these reasons, and in order to provide for the safety and health of Athens-Clarke County citizens and the general traveling public, while also maintaining our commitment to sustainable, clean, and renewable energy, the Commission intends through this ordinance to ban shareable dockless mobility devices. SECTION 2: Section 3-3-68 of the Code of Athens-Clarke County, Georgia, entitled “Shareable dockless mobility devices,” is hereby amended by replacing the word “is” in sub-section (a) with the phrase “shall be” and also deleting from sub-section (a) the language that states “for a maximum period of twenty-four (24) months from the date that the original moratorium ordinance was passed. This moratorium shall automatically expire on December 4, 2020, unless extended or terminated sooner by Athens-Clarke County’s Board of Commissioners. This will allow for adequate pedestrian traffic flow and will protect the traveling public until additional regulations can be put in place through a franchise or licensing system to safeguard the community and establish a pilot program to test the operation of these devices within Athens-Clarke County in a controlled and safety-conscious manner that ensures compliance with all local and state laws,” so that said paragraph now reads as follows: “Sec. 3-3-68. – Shareable dockless mobility devices. (a) Purpose. The purpose of this ordinance shall be to prohibit Shareable Dockless Mobility Devices from being placed in the public right-of-way or on public property, operated in the public right-of-way or on public property, or offered for use anywhere in Athens-Clarke County.” SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this ordinance shall be and remain in full force and effect. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 3. ADOPT: A concept map for the future use of the Carr Creek Tracts as per Attachment #1 of agenda report dated September 30, 2020; adopt the following ordinance (#20-11-75) which was presented by title only, reallocating $192,000 from excess SPLOST 2011 proceeds and completed SPLOST 2011-Project 01 (Jail Expansion) to SPLOST 2011-Project 28 (Greenspace Acquisition) as per Attachment #2; and, authorize the Mayor and appropriate staff to execute all related documents. AN ORDINANCE TO AMEND THE FISCAL YEAR 2021 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO FUND GREENSPACE AND GREENWAY DEED RESTRICTIONS ON THE CARR CREEK TRACTS; 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 funding for perpetual greenspace and greenway encumbrance to conserve environmentally significant portions of the Carr Creek Tracts. Said Operating and Capital budget is hereby amended as follows: SPLOST 2011 Capital Projects Fund: FUND BALANCE: DECREASE: Restricted, Unallocated Fund Balance (From Excess Sales Tax Proceeds) ($54,000) EXPENDITURES: DECREASE: Project #01 - Jail Expansion ($138,000) Total ($192,000) INCREASE: Project #28 – Greenspace Acq. Program $192,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 4. ADOPT: The following ordinance (#20-11-76) which was presented by title only amending the FY21 Clerk of Courts ($22,500) budgets for the first six months of the CJCC Grant (January 2021 through June 2021) for one authorized full-time clerk position in the Clerk of Courts office; the matching requirement for the first six months of the grant is the benefits cost of the position estimated to be $7,500; approve the Superior Court’s Criminal Justice Coordinating Council Grant (CJCC) application for, and if awarded, approve acceptance of S.T.O.P. Violence Against Women (VAWA) grant funds in the amount of $45,000 to fund for calendar year (CY) 2021: and authorize the Mayor and appropriate staff to execute all related documents. 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 GEORGIA CRIMINAL JUSTICE COORDINATING COUNCIL FOR PERSONAL SERVICE AND OPERATING EXPENSES FOR DOMESTIC VIOLENCE CASE SUPERVISION; 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 Georgia Criminal Justice Coordinating Council for personal service and operating expenses for domestic violence case supervision and processing. Said Operating and Capital budget is hereby amended as follows: Grants Special Revenue Fund: REVENUES: Increase: Stop Violence Against Women Grant (CJCC) $30,000 EXPENDITURES: Increase: Superior Court- Personal Services $22,500 Clerk of Courts- Personal Services $ 7,500 Total $30,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 5. a) ADOPT: The following resolution as per Attachment #1 of agenda report dated September 30, 2020 authorizing the submission of an application to the Georgia Department of Transportation (GDOT) for Federal Transit Administration FY 21 (October 1, 2020- September 30, 2021) Formula Operating assistance of $2,632,726 and Capital assistance of $2,557,000 for a total amount of $5,189,726; b) Authorize the acceptance of the grant at the currently projected level or alternative level, if awarded; and c) Authorize the Mayor and appropriate staff to execute the resulting contract between the Unified Government of Athens-Clarke County (ACCGov) and GDOT. AUTHORIZING RESOLUTION Resolution authorizing the filing of an application with the Department of Transportation, United States of America, and Georgia Department of Transportation, for a grant under Title 49 U.S.C., Section 5307. WHEREAS, the Secretary of the US Department 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; WHEREAS, it is required by the U.S. Department of Transportation in accord 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 Title 49 U.S.C. Section 5307 the Applicant gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and other pertinent directives and the U.S. Department of Transportation requirements there under; and WHEREAS, it is the goal of the Applicant that Minority Business Enterprise (Disadvantaged Business Enterprise and Women's 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 business 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. NOW, THEREFORE, BE IT RESOLVED by the Unified Government of Athens – Clarke County, Georgia  That the Designated Official Kelly Girtz, Mayor, is authorized to execute and file an application on behalf of the Unified Government of Athens-Clarke County, Georgia, with the Georgia Department of Transportation, to aid in the purchase of bus transit vehicles and/or the planning, development, and construction of bus transit-related facilities. 2. That the Official is authorized to execute and file with such application and assurance or any other document required by U.S. Department of Transportation and Georgia Department of Transportation. 3. That the Official 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. 4. That the Official 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 project's procurement needs. 5. That the Official is authorized to execute a grant agreement on behalf of the Unified Government of Athens-Clarke County, Georgia, with the Georgia Department of Transportation to aid in the purchase of bus transit vehicles and/or the planning, development, and construction of bus transit-related facilities. 6. ADOPT: The following resolution for Brooklyn Creek Interceptor Improvements – Phase 1 easement acquisition as per agenda report revised October 28, 2020; and authorize the Attorney’s Office or outside counsel designated by the County Attorney, with the assistance of appropriate staff, to file condemnation proceedings related to the single remaining easement on parcel 124C1 B004A. BE IT RESOLVED BY THE MAYOR AND COMMISSION OF ATHENS-CLARKE COUNTY: WHEREAS, the Unified Government of Athens-Clarke County (the “Unified Government”) by and through its Public Utilities Department (the “Department”) owns and operates a sewage collection, treatment, and disposal system; and WHEREAS, in order to maintain the projected schedule of maintenance, repairs, and replacement for certain existing sanitary sewer lines, the Unified Government has determined that it is necessary and in the public’s best interest to acquire, without delay, certain easement rights on parcel 124C1 B004A that are necessary to undertake the following Project: Brooklyn Creek Interceptor Improvements Project #3-309 as identified in the 2020 Service Delivery Plan and as shown on plans entitled “Brooklyn Creek Interceptor Improvements Phase 1” dated November 2019 and on file in the Public Utilities Department Administrative office (collectively the “Project”); and WHEREAS, the maintenance and replacement of aging and undersized sanitary sewer line infrastructure, as soon as possible, being in the public interest of the citizens of Athens- Clarke County; and WHEREAS, the plans for the Project, prepared by and kept in the Department, have not heretofore been approved by resolution of the Unified Government; and WHEREAS, Article IX, Section II, Paragraph V of the Constitution of the State of Georgia authorizes local governments to exercise the power of eminent domain to acquire land in fee simple, or in any lesser interest, for any public purpose; and WHEREAS, pursuant to Section 22-3-140 of the Official Code of Georgia, the Unified Government is authorized to acquire land, in fee simple, or in any lesser interest, under the procedures set forth in Article 1 of Chapter 3 of Title 32 of the Official Code of Georgia; and WHEREAS, the Project does not involve the location, construction, or improvement of a highway or highways in Athens-Clarke County; and WHEREAS, the Mayor and Commission of the Unified Government of Athens-Clarke County desire to approve the Projects’ Construction Plans by resolution. NOW, THEREFORE, BE IT RESOLVED, and it is resolved, that the  Brooklyn Creek Interceptor Improvements Project #3-309 as identified in the 2020 Service Delivery Plan and as shown on plans entitled “Brooklyn Creek Interceptor Improvements Phase 1” dated November 2019 and on file in the Public Utilities Department Administrative office is hereby approved. IT IS FURTHER RESOLVED that the Unified Government finds that the Project is necessary to serve a public purpose, and in furtherance of that public purpose, that the necessary land in fee simple, or in any lesser interest, be acquired by voluntary negotiation and sale. The Unified Government has determined, in the event that the necessary property rights cannot be acquired by voluntary negotiation and sale, to use its power of eminent domain to acquire certain property rights through the condemnation process, to wit, an easement on parcel 124C1 B004A for Brooklyn Creek Interceptor Improvements Phase 1. The acquisition shall proceed under Title 32 of the Official Code of Georgia, as the project schedule of completion requires acquisition of all parcels quickly and without delay. Time is of the essence. IT IS FURTHER RESOLVED that the Unified Government and the Department, and the employees and agents thereof, may negotiate for and acquire the property needed for the Project by gift, sale, or condemnation, and that the Attorney and other proper agents of the Unified Government, including but not limited to Special Counsel Greg Sowell of Cook & Tolley, LLP, are hereby directed to prepare the necessary deeds, easements, closing documents, petitions, declarations of taking, orders, and any other documents required to effectuate the foregoing. IT IS FURTHER RESOLVED that the Mayor, the Manager, the Attorney, Special Counsel, and other agents as aforesaid, are authorized to sign any of the documents referenced in the preceding paragraph on behalf of the governing authority of the Unified Government to complete the acquisition of the property required for this project. 7. APPROVE: Change Order #2 appropriation in the amount of $70,000 to the Project Management/Resident Inspection contract to Public Utilities Department’s Master Planning Consultant, CH2M, for the provision of professional services during construction for the Upper North Oconee Interceptor Phase 2B Project; and authorize the Mayor and appropriate staff to execute all related change order documents as per agenda report dated September 25, 2020. 8. APPROVE: Installation of a mid-block crosswalk with rectangular rapid flashing beacons on Old West Broad Street at Mount Pleasant Baptist Church approximately 200 feet east of Hawthorne Avenue as shown in Attachment #1 of agenda report dated September 28, 2020. 9. APPROVE: Installation of a mid-block crosswalk with rectangular rapid flashing beacons on Timothy Road at Xavier Drive, as shown in Attachment #1 of agenda report dated September 28, 2020. 10. APPROVE: Recommendations of the Athens Cultural Affairs Commission for the selection of artist Krysia Ara to provide the public art type and style as shown in Attachment #1 of agenda report dated September 29, 2020 for the SPLOST 2011 Project 17 - Dudley Park Improvements; and authorize the Mayor and appropriate staff to execute any necessary documents. 11. APPROVE: a) Award of a purchase contract to Yancey Brothers Company in the amount of $262,575 for a Caterpillar, Inc. Model 330GC Hydraulic Excavator for use by the Solid Waste Department’s Landfill Division as per agenda report dated October 6, 2020; b) Approve: Financing through the Georgia Municipal Association (GMA) Equipment Lease Program for the purchase of the collection vehicles; c) Authorize the sale of the surplus Solid Waste Landfill equipment; and d) Authorize the Mayor and appropriate staff to execute all documents related to the purchase. 12. APPROVE: a) Award a purchase contract to Wastebuilt Environmental Solutions in the amount of $897,744.80 for two automated collection vehicles and one commercial front end load vehicle for use by the Solid Waste Department’s Collection Division as per agenda report dated September 30, 2020 b) Approve financing through the Georgia Municipal Association (GMA) Equipment Lease Program for the purchase of the collection vehicles; c) Authorize the sale of the surplus solid waste collection vehicles; and d) Authorize the Mayor and appropriate staff to execute all documents related to the purchase. 13. APPROVE: The selection of the Hach Company to provide fourteen flow meters and associated services for the Public Utilities Department and authorize a 60 month unit price contract in an amount not-to-exceed $437,500 as per agenda report dated September 25, 2020; and authorize the Mayor and appropriate staff to execute all related documents. 14. APPROVE: a) Proposed project concept, as generally shown on Attachment #1 of agenda report revised October 27, 2020, for TSPLOST 2018, Project 11 – Bicycle Improvement Program and Project 12 – Pedestrian Improvement Program, Jefferson River Road multi-use path improvements, Sub-Project #3 (SP #3); b) Authorize staff to advance the proposed project concept layout for Jefferson River Road multi- use path improvements SP #3, as generally shown on Attachment #1 to the preliminary design phase for a cost not to exceed $242,000; c) Authorize the Mayor to execute a preliminary engineering (PE) agreement with CSX Transportation, Inc. (CSXT), and other related documents as necessary to facilitate CSXT coordination and oversight of the project for an estimated cost of $15,000; and d) Authorize the Mayor and appropriate staff to execute any and all other project related documents. 15. APPROVE: Addition of vehicles # 07-00-301 a 2020 Ford Short Bed Crew Cab and #07-00- 701 a 7’x14’ enclosed trailer for the Athens Community Corps (A-Corps) Program to the ACCGov Fleet Replacement Program as per agenda report dated September 29, 2020, and authorize the Mayor and appropriate staff to execute all necessary documents. 16. APPROVE: Acceptance of the Epps Bridge Parkway Corridor Study (Attachment #1 of agenda report dated September 29, 2020) as prepared by the University of Georgia College of Environment and Design; and direct the Manager’s Office to have the Planning Department prepare a review of this study with appropriate recommendations for Planning Commission consideration. 17. APPROVE: Government Operations Committee report on short term rentals (STR) dated September 29, 2020: a) Submit a Request for Proposal (RFP) to find a qualified company to create and maintain a database of STRs, collect taxes, and help with code enforcement activities. b) Remind anyone operating short term rentals that they are required to pay the Business Occupation Tax and the Hotel Motel Excise Tax. c) Request that the Manager’s Office direct Planning Staff to prepare zoning amendments regarding the regulation of short term rentals for Planning Commission review and recommendation. 18. APPROVE: Acceptance of October 8, 2020 Planning Commission response to Mayor’s Inclusionary Development Charge. Old and new business – Discussion A motion was made by Commissioner Wright, seconded by Commissioner Edwards, to return to the Legislative Review Committee a review of the Neighborhood Traffic Management Program. The motion passed by unanimous vote. A motion was made by Commissioner Parker, seconded by Commissioner Link, to: a) Award a unit price contract to Managed Medical Transport, Inc. in an amount not to exceed $300,000 as per agenda report revised October 29, 2020 with the option for four one-year renewals for a maximum of five years for the transportation of mentally ill and substance abuse patients who are involuntarily committed by the Courts to state-wide psychiatric or emergency receiving facilities; and b) Authorize the Mayor and appropriate staff to execute all necessary contracts and related documents. The motion passed by unanimous vote. A motion was made by Commissioner Link, seconded by Commissioner Wright to HOLD: Office of Operational Analysis Audit Work Plan. The motion passed by unanimous vote. . A motion was made by Commissioner Link, seconded by Commissioner Denson, to: a) Adopt the following ordinance (#20-11- 77) which was presented by title only amending the FY21 Operating Budget to provide General Fund Contingency in the amount up to $350,815 for Superior Court for costs directly associated with conducting Grand Jury Proceedings and Jury Trials at the Classic Center as an alternative to the Athens-Clarke County Courthouse due to social distancing and safety limitations caused by the COVID-19 pandemic as per agenda report dated October 16, 2020; and b) Authorize the Mayor and staff to execute all necessary documentation related to this request. 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 FUNDING FOR OPERATING EXPENSES RELATED TO SUPERIOR COURT; 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 Superior Court Budget to provide funding for operating expenses. Said Operating and Capital budget is hereby amended as follows: General Fund: EXPENDITURES: Decrease: General Fund Contingency ($350,815) Increase: Superior Court – Operating Expenses $ 350,815 Total $350,815 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.  A public hearing on the Western Downtown Athens Local Historic District Designation and Associated Design Guidelines is tentatively scheduled Tuesday, November 17. A public hearing on the following five zoning-related items is tentatively scheduled Tuesday, December 1. Request of Jeffery Hawes Owner: J. Hawes Realty Estate, LLC amendment from RS-5, A (Single-Family Residential Airport Overlay Zone) to RS-5, A (PD) (Single-Family Residential, Airport Overlay Zone, Planned Development) on 0.334 acre known as 498 Little Oak Street. Proposed use is Single-family residential Type II Planning Commission recommendation: Approval with conditions unanimous Request of Lori Bork Newcomer / Architectural Collaborative, Owner: National Development Corporation of Delta Phi Epsilon, Inc. amendment from C-O (MAC) (Commercial-Office, Milledge Avenue Corridor) to C-O (MAC) (PD) (Commercial-Office, Milledge Avenue Corridor, Planned Development) on 0.73 acre known as 398 South Milledge Avenue. Proposed use Sorority addition Type II Planning Commission recommendation: Approval with conditions unanimous Request of Tywanna Brown Owner: Bell Properties: Special Use in C-G (Commercial-General) on 0.564 acre known as 1060 Hull Road. Proposed use is family personal care home Type II Planning Commission recommendation: Approval (unanimous) Text amendment: RS zone building setback standards Planning Commission recommendation: Approval (unanimous) Text amendment: RM zone density for lots of record Planning Commission recommendation: Approval (unanimous) New business – Consider under suspension of Rules A motion was made by Commissioner Wright, seconded by Commissioner Denson, to adopt the following resolution to approve and authorize the settlement of the claims for Mamie Dunn and for other lawful purposes. The motion passed by unanimous vote. A RESOLUTION OF THE COMMISSION OF ATHENS-CLARKE COUNTY, GEORGIA TO APPROVE AND AUTHORIZE THE SETTLEMENT OF THE CLAIMS OF MAMIE DUNN; AND FOR OTHER LAWFUL PURPOSES. WHEREAS, on November 30, 2018, Officer Leonard Thomas, acting in his capacity as an employee of the Athens-Clarke County Police Department, was operating a 2015 Ford Taurus Police Cruiser that struck Mamie Dunn, ("Dunn"), a pedestrian in the crosswalk at the intersection of North Avenue and Martin Luther King, Jr. Parkway; and WHEREAS, on April l, 2020, Dunn's attorney issued a demand letter to the Unified Government of Athens-Clarke County, Georgia, ("A-CC"), for the alleged injuries Dunn suffered as a result of being struck by Officer Thomas, including but not limited to a broken arm, a broken leg, a neck fracture and a pelvic fracture and also including permanent disabilities and the possibility of future medical services; and WHEREAS, the demand letter sought $1 million to settle Dunn's claims against Officer Thomas and A-CC arising from the November 30, 2018, incident;  WHEREAS, A-CC and Dunn desire to voluntarily resolve Dunn's claims and all other disputes that may exist between them by compromise and without incurring additional attorney's fees, expenses, and costs of litigation; and WHEREAS, without admitting liability or fault, the Commission finds it to be in the best interests of A-CC to resolve Dunn's Claims as set forth below; NOW, THEREFORE, the Commission hereby resolves as follows: SECTION 1. The Commission does hereby approve and authorize the payment of the sum of Four Hundred Thousand and 00/100 Dollars ($400,000.00) to Dunn in settlement Dunn's Claims, substantially in accordance with the Release of All Claims (If Applicable) Medicare Payment and Indemnity Agreement attached hereto as Exhibit "A" and incorporated herein by reference, with such other changes that the Attorney for A-CC may deem appropriate. SECTION 2. The Attorney for A-CC and outside counsel retained for purposes of these Claims shall have authority to take all further actions necessary to carry out the intents and purposes of this Resolution and to prepare, or to cause to be prepared, any and all documents necessary to effectuate the resolution of the Claims as described herein. SECTION 3. The Mayor of A-CC shall have authority to take all further actions necessary to carry out the intents and purposes of this Resolution, including but not limited to, the authority to sign any documents as may be necessary or appropriate to effectuate the intents and purposes of this Resolution. SECTION 4. The Commission hereby declares that the foregoing preamble and whereas provisions set forth hereinabove constitute, and shall be considered to be, substantive provisions of this Resolution and are hereby incorporated by reference into this provision. SECTION 5. In the event scrivener's errors shall be discovered in this Resolution or in the Exhibits hereto after the adoption hereof, the Commission hereby authorizes and directs that each such scrivener's error shall be corrected in all multiple counterparts of this Resolution. SECTION 6. This resolution shall become effective upon its approval by the Mayor or upon its adoption into law without such approval. A motion was made by Commissioner Thornton, seconded by Commissioner Link, to approve the following appointments. The motion passed by unanimous vote. Joint Development Authority of Athens-Clarke Ken Parris and City of Winterville Term expiring 04-30-24 Department of Behavioral Health Kizzy Wingfield Term expiring 06-30-2023 Hospital Authority of Clarke County Helen Hudson Mills Chandra Echols Robert C. Lee Terms expiring 03-31-2017 Division of Family and Children Services Andrea Lingarde Term expiring 06-30-2025 Jeff Turner Term expiring 06-30-2021 Kyle Semple Term expiring 06-30-2022 Vision Committee Courtney Etheredge LaTasha Sheats Laura Williams Terms expiring 06-30-2023  A motion was made by Commissioner Hamby, seconded by Commissioner Link, to approve the proposed outdoor retail area policy with an extension through Thursday, December 31, 2020. A substitute motion was made by Commissioner Edwards, seconded by Commissioner Parker, to table this item until Tuesday, November 17 and continue current policy through November 19. The motion passed by roll call vote with Commissioners Davenport, Parker, Wright, Denson, Edwards, Herod, Thornton, and Hamby voting YES; and Commissioner Link voting NO. (8 YES; 1 NO) A motion was made by Commissioner Denson, seconded by Commissioner Link, to consider one to one ratio reduction for parklets indoor/outdoors seating. The motion was withdrawn. A motion was made by Commissioner Hamby, seconded by Commissioner Edwards, to extend to November 19 the parklet projects. The motion passed by unanimous vote. The Tax Allocation District Redevelopment Plans were formally presented and a public hearing is scheduled Monday, November 9. A motion was made by Commissioner Link, seconded by Commissioner Edwards, to adopt the following ordinance (#20-11-78) which was presented by title only. The motion passed by unanimous vote. AN ORDINANCE FOR THE TENTH 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, September 30, 2020, and again on October 30, 2020 so that it will remain in effect at least through Wednesday, December 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 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, 09.30.20.02, 10.15.20.01, and 10/30.20.02 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 10.30.20.02 (“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, 09.30.20.02, 10.15.20.01, 10.30.20.02 required Vulnerable Populations to continue to shelter in place, with exceptions that include participating in essential services and working, through November 15, 2020; and WHEREAS, the Mayor and Commission desire to protect individuals in said Vulnerable Populations and Other Populations at Risk in a reasonable manner and as recommended by the CDC and by the Georgia Department of Public Health, while such individuals are participating in essential services and working; and WHEREAS, the CDC1, Dr. Kathleen Toomey (Georgia’s Commissioner of Public Health), and Governor Kemp through Executive Order 05.12.20.02, and subsequent Executive Orders, have recommended that individuals wear facial coverings over the nose and mouth to mitigate the spread of COVID-19 when they are in public places where they cannot practice social distancing (i.e., stay at least six feet away from other individuals who do not share the same household); and WHEREAS, the CDC states that wearing a facial covering over the nose and mouth is a recommended precaution designed to prevent symptomatic and asymptomatic individuals who have contracted COVID-19 from spreading it to other individuals; and WHEREAS, 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 wearin facial coverings as examples for Georgians to follow; and WHEREAS, according to the Georgia Department of Public Health COVID-19 update at on Monday, November 2, 2020, Georgia now has 361,982 confirmed cases of COVID-19, including 5,865 confirmed cases in Athens-Clarke County; and WHEREAS, according to the Georgia Department of Public Health COVID-19 update, 7,981 individuals in Georgia have died and 31,720 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 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. 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 October 30, 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 2 Athens-Clarke County v. Walton Electric Membership Corporation, 265 Ga. 229, 230 (1995).  WHEREAS, the United States Supreme Court has previously held that “[u]pon the principle of self- defense, of paramount necessity, a community has the right to protect itself against an epidemic of disease which threatens the safety of its members”; and WHEREAS, the Mayor and Commission of Athens-Clarke County, Georgia have determined that it is necessary to continue its Declaration of a Local State of Emergency; and WHEREAS, the following actions related to requiring facial coverings in public are necessary and appropriate to balance the public’s interest in being free from undue restrictions with the compelling public interest of providing for the health, safety and welfare of the residents of Athens-Clarke County and the surrounding communities, particularly those individuals who are members of Vulnerable Populations and Other Populations at Risk; and WHEREAS, in the judgment of the Mayor and Commission of the Unified Government of Athens-Clarke County, Georgia, with advice from other subject matter experts, there exist emergency conditions as a result of COVID-19 within the geographical boundaries of the Unified Government as described in Section 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 December 4, 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, December 4, 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. Referred to Legislative Review Committee: Review of regulation of use of gas-powered leaf blowers, including as pertains to our noise ordinance. 2. Referred to Government Operations Committee: Review of “CHAPTER 4-1. - ANIMAL CONTROL” of the ordinance. The major focus areas are: updates for department names, titles and wording registration/licensing component hoarding animals section animal neglect area FROM MANAGER WILLIAMS: 1. Reported, regrettably, resignation of Assistant Manager Deborah Lonon who has accepted the  position of Commissioner of Grants Management with the City of Atlanta. He expressed appreciation for her service. Commissioners commended the staff and elections board for conduct of the recent election. Commissioners expressed appreciation to Assistant Manager Lonon. FROM COMMISSIONER DAVENPORT: 1. Gave a shout out to Solid Waste female drivers Beverly Gresham, Takisha Map, and Miah Love who were recently featured on Good Morning America. FROM COMMISSIONER PARKER: 1. Invited all to the renaming ceremony for Virginia Walker Park Sunday, 2:00 p.m. FROM COMMISSIONER LINK: 1. Requested manager work with Board of Elections to ensure UGA student participation in upcoming runoff elections. FROM COMMISSIONER DENSON: 1. Announced District 5 Neighborhood meeting November 1, 5:30 p.m. at Chapelwood pavilion. FROM COMMISISONE EDWARDS: 1. Requested review of early voting process. 2. Requested consideration of extension of Athens Transit service to Fernbank Court. 3. Expressed appreciation for recently installed street lights on Dearing Street. FROM COMMISSIONEER HAMBY: 1. Requested update on prosperity package neighborhood leaders. FROM COMMISSIONER THORNTON: 1. Expressed appreciation to non-profits and CARES funding. 2. Stated Prosperity Package Committee will meet Monday, 1:00 p.m. A motion was made by Commissioner Denson, seconded by Commissioner Davenport, to enter into executive session for discussion of real estate acquisition and/or disposal. The motion passed by unanimous vote. The meeting adjourned at 8:20 p.m. _______________________________________ Clerk of Commission