Mayor & Commission Meetings

On Tuesday, November 17, 2020, 5:30 p.m., Probate Judge Susan Tate administered oaths of office to newly elected District 6 Commissioner Jesse Houle. Due to the COVID-19 pandemic, the November 17 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, November 17, 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, Houle, Edwards, Herod, Thornton, and Hamby. No one was absent. The purpose of the meeting was to consider Western Downtown Athens Local Historic District Designation and Associated Design Guidelines; parklet program; Firefly Trail project; and any other item in proper order. A public hearing was held on proposed Western Downtown Athens Local Historic District Designation and Associated Design Guidelines. The following citizen input was received. 1. Drew Dekle – supported 2. David Montgomery – opposed 3. Jill Bateman, Athens First United Methodist Church – opposed 4. Joe Tillman – opposed 5. Kenny Kalivoda, representing Hot Corner - opposed 6. Cshaynse Allen – opposed 7. Diane Dunston, ACC branch NAACP – opposed 8. Homer Wilson – opposed 9. Amy Andrews – supported 10. Menyaebe Attipoe - opposed 11. Jennifer Lewis – supported 12. Cari Goetchesus - supported 13. Kevin Bates – supported 14. Frances Oliver – supported 15. Tommy Valentine – Historic Athens – supported 16. Curtison Jones – supported On-line comments are on file in Clerk’s office. Old business A motion was made by Commissioner Link, seconded by Commissioner Hamby, to approve commission defined option #1 including revised Exhibit A map for the Western Downtown Athens Local Historic District and Associated Design Guidelines. A substitute motion was made by Commissioner Wright, seconded by Commissioner Thornton, to approve commission defined option #2 including revised Exhibit A map and with verification of desire of property owner(s) of 184 and 174 West Clayton for inclusion for the Western Downtown Athens Local Historic District and Associated Design Guidelines. After discussion a motion was made by Commissioner Edwards, seconded by Commissioner Wright, to call the question. The motion passed by unanimous vote. The substitute motion failed by roll call vote with Commissioners Wright and Herod voting YES; and Commissioners Davenport, Parker, Link, Denson, Houle, Edwards, Thornton, and Hamby voting NO. (2 YES; 8 NO) The original motion passed by roll call vote with Commissioners Parker, Link, Denson, Houle, Edwards, and Hamby voting YES; Commissioners Wright, Herod, and Thornton voting NO; and Commissioner Davenport abstaining. (6 YES; 3 NO; 1 ABSENTION) The following ordinance (#20-11-80) which was presented by title only was declared adopted. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO HISTORIC PRESERVATION - DESIGNATION OF THE WEST DOWNTOWN ATHENS HISTORIC DISTRICT, INCLUDING ADOPTION OF DESIGN GUIDELINES FOR SAID DISTRICT, AND FOR OTHER PURPOSES: The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The individual properties located within the boundaries as set forth in Exhibit A, entitled “Proposed West Downtown Athens Historic District”, attached hereto and incorporated herein by reference, are hereby designated as part of an historic district known as the West Downtown Athens Historic District. The parcels included in the West Downtown Athens Historic District are delineated as shown in Exhibit A. Said individual properties are further identified on the Athens-Clarke County tax maps as the tax parcel numbers listed in Exhibit B, entitled “Western (or West) Downtown Athens Historic District Current Property Owners and Tax Parcel Numbers.” Said tax maps are on file and available for public inspection in the offices of the Planning Department, 120 W. Dougherty Street, Athens, Georgia. The West Downtown Athens Historic District is also shown on the copy of a portion of the Official Zoning Map of Athens-Clarke County, Georgia, attached hereto as Exhibit C and incorporated herein by reference. Staff shall include the West Downtown Athens Historic District on the Official Zoning Map of Athens-Clarke County, Georgia when the Official Map of Athens-Clarke County, Georgia is next submitted for update by the Mayor and Commission. SECTION 2: A list of the current owner or owners of each of the properties within the West Downtown Athens Historic District as listed in the most recent Athens-Clarke County tax digest is included in Exhibit B. SECTION 3: The design guidelines for the West Downtown Athens Historic District, entitled “Downtown Historic District Design Guidelines for Athens-Clarke County, Georgia” are incorporated herein by reference. Pursuant to Sections 8-5-4 and 8-5-5 of the Code of Athens-Clarke County, these design guidelines shall be used by the Historic Preservation Commission in considering applications for certificates of appropriateness for the individual properties located within the historic district boundaries as designated hereby. The guidelines are on file and available for inspection in the offices of the Athens- Clarke County Planning Department at 120 W. Dougherty Street, Athens, Georgia. SECTION 4: A Certificate of Appropriateness shall be obtained from the Athens-Clarke County Historic Preservation Commission prior to any material change in appearance of designated properties described herein. SECTION 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A motion was made by Commissioner Edwards, seconded by Commissioner Link, to approve minor modifications to the Parklet Policy, which include a program extension through March 31, 2021 as per Attachment #1 of agenda report revised November 12, 2020; and adopt a policy to implement the Outdoor Retail Areas Program on weekends through the remainder of 2020 as per Attachment #2. The motion passed by unanimous vote. New business – Consider under suspension of Rules  A motion was made by Commissioner Edwards, seconded by Commissioner Parker, to suspend Rules of Commission for consideration of new business items. The motion passed by unanimous vote. A motion was made by Commissioner Davenport, seconded by Commissioner Wright, to approve the easement Indenture for Parcel 222 08 for TSPLOST 2018 Project 06 - Sub-Project #3, for the Firefly Trail Project provided on Attachment #1 of agenda report dated November 10, 2020; and 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 Denson, to adopt the following resolution. The motion passed by unanimous vote. A RESOLUTION OF THE COMMISSION OF ATHENS-CLARKE COUNTY, GEORGIA TO AUTHORIZE THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BONDURANT MIXSON & ELMORE, LLP AND KOREIN TILLERY, LLC TO PROSECUTE POTENTIAL CLAIMS AGAINST DIRECTV, LLC; DISH NETWORK; DISH NETWORK LLC; NETFLIX, INC.; HULU, LLC; AND DISNEY DTC LLC FOR NON-COMPLIANCE WITH FRANCHISE FEE (A/K/A VIDEO SERVICE FEE) AND RIGHT-OF- WAY OBLIGATIONS; AND FOR OTHER LAWFUL PURPOSES. WHEREAS, the Commission desires to engage Bondurant Mixson & Elmore, LLP and Korein Tillery, LLC to prosecute claims on behalf of the Unified Government of Athens-Clarke County, Georgia (“ACCGov”) against DirectTV, LLC; DISH Network; Dish Network LLC; Netflix, Inc.; Hulu, LLC; and Disney DTC LLC which in ACCGov’s professional judgment have liability for damages for non-compliance with the Franchise Fee requirements under O.C.G.A. § 36-76-1 et seq., and Chapter 6-19 of The Code of Athens-Clarke County, Georgia, and related provisions and regulations concerning such Franchise Fees and right-of-way obligations; and WHEREAS, this resolution will benefit and promote the health, safety, morals and welfare of the citizens of the Unified Government; NOW, THEREFORE, BE IT RESOLVED by the Commission of Athens-Clarke County, Georgia and it is hereby so resolved by the authority of same that the Mayor is authorized to execute a professional services agreement with Bondurant Mixson & Elmore, LLP and Korein Tllery, LLC, in substantially the same form as the hereto attached Exhibit “A”. BE IT FURTHER RESOLVED that in the event scrivener’s errors shall be discovered in this Resolution or in the Exhibit(s) 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. BE IT FURTHER RESOLVED the Commission grants the Mayor, the Manager, and the County Attorney with the authority to take any and all further actions necessary to carry out the intents and purposes of this Resolution. BE IT FURTHER RESOLVED that except as specifically provided herein, any and all ordinances or resolutions or parts of ordinances or resolutions in conflict with this Resolution shall be and the same hereby are repealed, and this Resolution shall be in full force and effect from and after its adoption. The meeting adjourned at 8:11 p.m. __________________________________________ Clerk of Commission