Mayor & Commission Meetings

Due to the COVID-19 pandemic, the February 2 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 Tuesday, February 2, 2021 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, Houle, Edwards, Myers, Thornton, and Hamby. No one was absent. Recognition The Water Conservation Office received their fourth EPA WaterSense’s Sustained Excellence Award. The award recognizes our efforts to promote WaterSense labeled products, which use at least 20% less water than the traditional counterpart. By simply installing a WaterSense product, a customer places less demand on our water supplies and reduces their water bill. The award was virtually presented by Veronica Blette of EPA. A motion was made by Commissioner Houle, seconded by Commissioner Wright, to approve Minutes of meetings of Tuesday, January 6; Tuesday, January 12; and Thursday, January 14, 2021. The motion passed by unanimous vote. Written communications Entered into the record was the report of the 2020 Overview Commission. Public hearing and deliberation on recommendations from the Athens-Clarke County Planning Commission. A public hearing was held on request of Core Spaces, LLC Owner: Mitchell Street Properties, LLC for amendment to C-D (RIV) (PD) (Commercial-Downtown, River Downtown Design Area, Planned Development) on 1.7acres known as 155 Mitchell Street. Type II Planning Commission recommendation: Denial (5-4) Citizen input There was no citizen input. A motion was made by Commissioner Wright, seconded by Commissioner Davenport, to hold this request until Tuesday, March 2, 2021. The motion passed by unanimous vote. A public hearing was held on request of Cabot Creek Consulting, LLC Owners: Clyde William Taff Estate & Bennie Mae Taff Estate for rezoning from RS-8 (Single-Family Residential) to RS-5 on 47 acres known as 5090 and 5098 Old Jefferson Road. Type II Planning Commission recommendation: Denial (unanimous) Citizen input  There was no citizen input. A motion was made by Commissioner Denson, seconded by Commissioner Link, to return this request to the Planning Commission. The motion passed by unanimous vote. A public hearing was held on proposed text amendments: Design standards for “C-D” zone Planning Commission recommendation: Approval (unanimous) Citizen input There was no citizen input. A motion was made by Commissioner Link, seconded by Commissioner Hamby, to adopt the following ordinance (#21-02-08) 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 DESIGN AREAS; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Section 9-2-1 of the Code of Athens-Clarke County, Georgia, entitled “General,” is hereby amended by adding the following new definition: “Retaining wall: A wall or terraced combination of walls used at a grade to change or hold soil or other earth material at a higher position. Retaining walls may be attached to or independent from other structures, but do not include the foundations of structures or buildings.” SECTION 2. Section 9-10-2 of the Code of Athens-Clarke County, Georgia, entitled “Permitted uses,” is hereby amended by adding the words “For C-D zone properties in the North Downtown Design Area, ground floor dwellings are permitted subject to the associated design standards and limitations found in Section 9-10-6(D)(7) and are not subject to the commercial standards noted above in L(1)” to L1 in the legend, so that said new L(1) is: “Sec. 9-10-2. Permitted uses. L(1) = Permitted only on second story and above or in the basement level of the structure. At least 50 percent of the ground floor shall be leasable commercial space not used for parking, none of the ground floor shall be used for self-service storage, and the commercial space shall be accessed only through a publicly accessible building entrance. Access to residential dwellings shall not be through the designated area comprising the minimum 50% commercial space. Multifamily residential uses arranged in any other manner on a commercially-zoned property are permitted only as a special use permit. For C-D zone properties in the North Downtown Design Area, ground floor dwellings are permitted subject to the associated design standards and limitations found in section 9-10-6(D)(7) and are not subject to the commercial standards noted above in L(1).” SECTION 3. Section 9-10-6 of the Code of Athens-Clarke County, Georgia, entitled “Design Standards for ‘C-D’ zone,” section A, entitled “Design areas,” is hereby amended by adding the words “North Downtown,” so that said new section is: “Sec. 9-10-6. Design Standards for “C-D” zone. A. Design areas. For the purpose of this title, the C-D zone is divided into design areas as described in the “Alternative Compliance Guidelines for the CD Zone – Athens-Clarke County, Georgia,” (hereinafter “Alternative Compliance Guidelines”), dated June 5, 2007, adopted herein by reference, and available for public inspection in the offices of the Athens-Clarke County Planning Department and the Clerk of Commission. Downtown Historic District West Downtown East Downtown Dougherty Street River West End North Downtown”  SECTION 4. Section 9-10-6 of the Code of Athens-Clarke County, Georgia, entitled “Design Standards for ‘C-D’ zone,” section C, entitled “Site Design Standards,” subsection 1, is hereby amended by deleting the table contained therein in its entirety and replacing it with the following new table: “Section 9-10-6. Design Standards for “C-D” Zone. C. Site Design Standards. Design Areas Maximum Setback Minimum Wall Percentage1 Downtown Historic 0 feet 70% District West Downtown 0 feet 50% East Downtown 0 feet 50% Dougherty Street 30 feet 50% River 30 feet 50% West End 30 feet 50% North Downtown 30 feet 50% 1The minimum percentage of the front wall plane between the street right-of-way and the maximum building setback line. The maximum length of a wall, set at an angle not exceeding 45 degrees to the street right-of-way and set back further than the maximum front setback line, shall not exceed 50 feet.” SECTION 5. Section 9-10-6 of the Code of Athens-Clarke County, Georgia, entitled “Design Standards for ‘C-D’ zone,” section C, entitled “Site Design Standards,” subsection 3, paragraph b., is hereby amended by adding the words “North Downtown,” and “10 feet,” so that said new paragraph is: “Section 9-10-6. Design Standards for “C-D” Zone. C. Site Design Standards. 3. Surface Parking lots. b. A surface parking lot as a principal property use shall comply with the following setback requirements: Design Area Min. Street Setback Historic District Not Permitted West Downtown 10 feet East Downtown 10 feet Dougherty Street 10 feet River 10 feet West End 10 feet North Downtown 10 feet” SECTION 6. Section 9-10-6 of the Code of Athens-Clarke County, Georgia, entitled “Design Standards for ‘C-D’ zone,” section C, entitled “Site Design Standards,” is hereby amended by adding the following new subsections: “Section 9-10-6. Design Standards for “C-D” Zone. C. Site Design Standards. 8. Retaining walls in a front yard, rear yard, or side yard adjacent to a public right-of-way or private street shall be set back from a public right-of-way a minimum of two feet for every foot of wall height above three feet in height, as measured parallel to the right-of-way and accounting for any linear changes in height. No portion of a retaining wall shall exceed ten feet in height. A terrace is required between a lower retaining wall and an upper wall and the terrace area shall have a minimum five foot depth as measured from the upper grade of the lower retaining wall to the base of the upper retaining wall. Retaining walls over five feet in height shall be screened by a landscape buffer meeting the standards of Sec. 9-10-6-D-(4)(b)(3); however, wall art, including murals, sculptural or other decorative treatment of exterior walls may extend for a maximum of 50% of the wall length. Acceptable exterior finish materials include, but are not limited to, stucco, split face blocks, brick, stone, glass blocks, curved interlock blocks, wood, tubular steel, wrought iron bars or other grill work, textural or scored poured concrete, engineered “green” or vegetative wall as approved by the planning director, or a combination of these materials. Exposed flat-face CMU blocks and EIFS stucco are prohibited. 9. Chain-link and opaque wood fencing are not allowed in any yard adjacent to a street.”  SECTION 7. Section 9-10-6 of the Code of Athens-Clarke County, Georgia, entitled “Design Standards for ‘C-D’ zone,” section D, entitled “Building Design Standards,” subsection 3, is hereby deleted in its entirety and the following new subsection inserted in lieu thereof: “Section 9-10-6. Design Standards for “C-D” Zone. D. Building Design Standards. 3. Primary entrance. The primary public entrance of a building and/or each ground floor tenant space facing a street shall be directly linked to a public sidewalk. For ground-floor dwellings facing a street, a maximum allowance of two tenant spaces may share the same direct link. The primary entrance shall be positioned no more than five feet above the finished grade at the front of the building. a. Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to entrances. b. Building shall incorporate arcades, roofs, alcoves, porticoes and/or awnings at public entrances that protect pedestrians from the rain and sun.” SECTION 8. Section 9-10-6 of the Code of Athens-Clarke County, Georgia, entitled “Design Standards for ‘C-D’ zone,” section D, entitled “Building Design Standards,” subsection 4, is hereby deleted in its entirety and the following new subsection inserted in lieu thereof: “Section 9-10-6. Design Standards for “C-D” Zone. D. Building Design Standards. 4. Transparency. A minimum percentage of any wall facing a public street shall have openings accounting for the percentages provided below and use transparent glass in those openings, unless directly associated with open unenclosed parking structures: Design Area Ground Floor Levels Upper Levels min. % min. % Downtown Historic District 60% 20% West Downtown 50% 20% East Downtown 50% 20% Dougherty Street 30% 20% River 30% 20% West End 30% 20% North Downtown 30% 20%” a. Transparency at the ground floor level shall be measured from the finished building grade at the street to 10 feet above grade for the entire width of the wall. b. The following alternative design treatments may be used, singularly or in combination, to meet half of the transparency requirement per elevation at the street level: (1) A display case, defined as a box with transparent glass facing the street with a solid panel behind for display of products and images of goods and services offered in the area. (2) Wall art, including murals, sculptural and other decorative treatment of exterior walls. (3) Landscaping, which is to be at least three feet high at the time of planting and of a type that will produce an opaque, evergreen planting screen capable of growing to a height of at least six feet within three years. c. Windows must allow views into working areas or lobbies, pedestrian entrances or display areas.”  SECTION 9. Section 9-10-6 of the Code of Athens-Clarke County, Georgia, entitled “Design Standards for ‘C-D’ zone,” section D, entitled “Building Design Standards,” subsection 5, is hereby amended by adding the words “except for fabricated architectural metal siding panels with a gauge value of 24 or less and without exposed fasteners after installation is complete,” so that said new subsection is: “Section 9-10-6. Design Standards for “C-D” Zone. D. Building Design Standards. 5. Building materials. No more than 25% of a wall surface, singularly or in combination, may be of plaster, stucco, or metal sheet siding. Metal siding shall be prohibited on the first floor, except for fabricated architectural metal siding panels with a gauge value of 24 or less and without exposed fasteners after installation is complete. Plain concrete block (CMU), synthetic stucco (e.g., EFIS), mirror glass, and tinted glass with a tint of 20% gray or greater are prohibited exterior building materials.” SECTION 10. Section 9-10-6 of the Code of Athens-Clarke County, Georgia, entitled “Design Standards for ‘C-D’ zone,” section D, entitled “Building Design Standards,” is hereby amended by adding the following new subsection (7): “Section 9-10-6. Design Standards for “C-D” Zone. D. Building Design Standards. 7. Ground-floor dwellings are permitted in the North Downtown Design Area without a special use permit, subject to the following standards: A. Each ground-floor dwelling with an exterior elevation facing a street shall have direct pedestrian access to the street and public sidewalk. B. Ground-floor dwellings shall be a minimum distance of 50 feet from the street listed below, as measured from the nearest wall of the residential unit to the nearest street right-of-way, and have leasable and occupiable nonresidential space between the dwellings and right-of-way of such streets at street level, which shall extend a minimum of 70% of the linear street frontage of the structure. “College Avenue” SECTION 11. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on request of Athens-Clarke County Unified Government Owners for rezoning from RM-2 (Mixed Density Residential) and G (Government) to C-D (DS) (Commercial Downtown Dougherty Street Design Area); from C-D (DS), RM-2 (Multi-Family Residential), C-G (Commercial- General. C-N Commercial-Neighborhood, C-O (Commercial-Office), E-I (Employment-Industrial) and G (Government) to C-D (ND) Commercial Downtown, North Downtown Design Area) on various parcels on West Dough Ware Street and Hickman Drive. Type l This will require a Future Development Map amendment from Government, Mixed Density Residential and Employment Center to Downtown. Planning Commission recommendation: Approval (unanimous) Citizen input There was no citizen input. A motion was made by Commissioner Link, seconded by Commissioner Thornton, to adopt the following ordinance (#21-02-09) 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 THE OFFICIAL FUTURE DEVELOPMENT MAP OF ATHENS-CLARKE COUNTY BY CHANGING THE DESIGNATION OF MULTIPLE PARCELS OF LAND COMPRISING 41.47 ACRES LOCATED AT 120 & 250 WEST DOUGHERTY STREET, 535-565 NORTH HULL STREET, 135 & 291 HOYT STREET, 105-155 HICKMAN DRIVE, 500-910 COLLEGE AVENUE, 0-150 WARE STREET, 160 & 230 EAST STRONG STREET AND 550 NORTH JACKSON STREET FROM GOVERNMENT, MIXED DENSITY RESIDENTIAL AND EMPLOYMENT CENTER TO DOWNTOWN; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The Official Future Development Map referred to in the Zoning Ordinance of Athens- Clarke County, Georgia, as specifically identified in Section 9-3-3(A)(2) thereof, is hereby amended by changing the future development map designation of multiple parcels of land comprising approximately 41.47 acres from their current Future Land Use designations of either Government, Mixed Density Residential, or Employment Center to Downtown. Said properties are identified by address and tax parcel in the chart below and shown on Exhibit A, attached hereto: Address Tax Parcel 250 W. Dougherty St 171A2 F003 120 W. Dougherty St 171A2 G004 160 E. Strong St 171A2 H001 230 E. Strong St 171B1 B001 550 N. Jackson St. 163D3 N001 675 College Ave. 163C5 E002 130 Ware St. 163C4 D002 140 Ware St. 163C4 D002A 150 Ware St. 163C5 A003 535 N. Hull St. 163C5 D007 539 N. Hull St. 163C5 D001 543 N. Hull St. 163C5 D002 547 N. Hull St. 163C5 D003 555 N. Hull St. 163C5 D004 551 N. Hull St. 163C5 D005 565 N. Hull St. 163C5 D006 845 College Ave. 163C5 A001 800 College Ave. 163D3 B001 804 College Ave 163D3 B002 808 College Ave 163D3 B003 812 College Ave 163D3 B004 816 College Ave 163D3 B005 820 College Ave 163D3 B006 824 College Ave 163D3 B007 828 College Ave. 163D3 B008 832 College Ave. 163D3 B009 836 College Ave. 163D3 B010 840 College Ave. 163D3 B011 844 College Ave. 163D3 B012 848 College Ave. 163D3 B013 852 College Ave. 163D3 B014 856 College Ave. 163D3 B015 860 College Ave. 163D3 B016 864 College Ave. 163D3 B017 868 College Ave. 163D3 B018 872 College Ave. 163D3 B019 876 College Ave. 163D3 B020 880 College Ave. 163D3 B021 884 College Ave. 163D3 B022 888 College Ave. 163D3 B023 892 College Ave. 163D3 B024 135 Hoyt St. 163C5 A002B 910 College Ave. 163D3 A001 910 College Ave. A 163D3 A001A 910 College Ave. B 163D3 A001B 910 College Ave. C 163D3 A001C 910 College Ave. D 163D3 A001D 910 College Ave. E 163D3 A001E 910 College Ave. F 163D3 A001F 0 Ware St. 163C4 D001 291 Hoyt St. 163D3 B025 700 College Ave. 163D3 O001 105 Hickman Dr. 163C5 B001 155 Hickman Dr. 163C5 C001 500 College Ave. 163D3 R001  The date of this amendment to the Official Future Development Map of Athens-Clarke County as shown by Exhibit A shall be duly noted in the minutes of the Commission meeting. The Official Future Development Map and Exhibit A hereto are available for inspection in the office of the Clerk of Commission, 301 College Avenue, Athens, Georgia. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A motion was made by Commissioner Link, seconded by Commissioner Thornton, to adopt the following ordinance (#21-02-10) 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 REZONING MULTIPLE PARCELS OF LAND COMPRISING APPROXIMATELY 38.22 ACRES LOCATED AT 120 & 250 WEST DOUGHERTY STREET, 535-565 NORTH HULL STREET, 135 & 291 HOYT STREET, 105-155 HICKMAN DRIVE, 675, 700, & 845 COLLEGE AVENUE, 0-150 WARE STREET, 160 & 230 EAST STRONG STREET AND 550 NORTH JACKSON STREET FROM RM-2 (MIXED DENSITY RESIDENTIAL) AND G (GOVERNMENT) TO C-D (DS) (COMMERCIAL-DOWNTOWN, DOUGHERTY STREET DESIGN AREA), FROM C-D (DS) (COMMERCIAL-DOWNTOWN, DOUGHERTY STREET DESIGN AREA), RM-2 (MIXED DENSITY RESIDENTIAL), C-G (COMMERCIAL GENERAL), C-N (COMMERCIAL-NEIGHBORHOOD), E-I (EMPLOYMENT INDUSTRIAL) AND G (GOVERNMENT) TO C-D (ND) (COMMERCIAL-DOWNTOWN, NORTH DOWNTOWN DESIGN AREA); 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 Sections 9-3-3 and 9-3-6 thereof, is hereby amended by changing the zoning from “current zone,” to “new zone,” as indicated in the chart below and shown on Attachment A, attached hereto: Address Tax Parcel Current New Zone Zone From RM-2 (Mixed Density Residential) to C-D (DS) (Commercial-Downtown, Dougherty Street Design Area): 250 W. Dougherty St 171A2 F003 RM-2 C-D (DS) From G (Government) to C-D (DS) (Commercial-Downtown, Dougherty Street Design Area): 120 W. Dougherty St 171A2 G004 G C-D (DS) 160 E. Strong St 171A2 H001 G C-D (DS) 230 E. Strong St 171B1 B001 G C-D (DS) 550 N. Jackson St. 163D3 N001 G C-D (DS) From C-N (Commercial-Neighborhood to C-D (ND) (Commercial-Downtown, North Downtown Design Area): 675 College Ave. 163C5 E002 C-N C-D (ND) From E-I (Employment-Industrial) to C-D (ND) (Commercial-Downtown, North Downtown Design Area): 130 Ware St. 163C4 D002 E-I C-D (ND) 140 Ware St. 163C4 D002A E-I C-D (ND) 150 Ware St. 163C5 A003 E-I C-D (ND) From RM-2 (Mixed Density Residential) to C-D (ND) (Commercial-Downtown, North Downtown Design Area): 535 N. Hull St. 163C5 D007 RM-2 C-D (ND) 539 N. Hull St. 163C5 D001 RM-2 C-D (ND) 543 N. Hull St. 163C5 D002 RM-2 C-D (ND) 547 N. Hull St. 163C5 D003 RM-2 C-D (ND) 555 N. Hull St. 163C5 D004 RM-2 C-D (ND) 551 N. Hull St. 163C5 D005 RM-2 C-D (ND) 565 N. Hull St. 163C5 D006 RM-2 C-D (ND) 845 College Ave. 163C5 A001 RM-2 C-D (ND) From C-G (Commercial-General) to C-D (ND) (Commercial-Downtown, North Downtown Design Area): 135 Hoyt St. 163C5 A002B C-G C-D (ND) From G (Government) to C-D (ND) (Commercial-Downtown, North Downtown Design Area): 0 Ware St. 163C4 D001 G C-D (ND) 291 Hoyt St. 163D3 B025 G C-D (ND) 700 College Ave. 163D3 O001 G C-D (ND) From C-D (DS) (Commercial-Downtown, Dougherty Street Design Area) to C-D (ND) Commercial Downtown, North Downtown Design Area): 105 Hickman Dr. 163C5 B001 C-D (DS) C-D (ND) 155 Hickman Dr. 163C5 C001 C-D (DS) C-D (ND) 500 College Ave. 163D3 R001 C-D (DS) C-D (ND)  The date of this amendment to the Official Zoning Map of Athens-Clarke County as shown by Attachment A shall be noted on said Official Zoning Map in the office of the Clerk of Commission, 301 College Avenue, Athens, Georgia, and duly noted in the minutes of the Commission meeting. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. . A public hearing was held on request of Smith Planning Group Owner: Lexington Associates, LP for rezoning from C-G, RS-8 A (Commercial-General, (Single-Family Residential, Airport) to C-G/RM2, A, PD (Commercial-General, Mixed-Density Residential, Airport Overlay, Planned Development) on 40.93 acres known as 2400, 2480, and 2490 Lexington Road. This will require an amendment to the Future Development Map from General Business and Traditional Neighborhood to General Business and Mixed- Density Residential. Type I Planning Commission recommendation: Denial (unanimous) Citizen input The following citizen input was received. 1, Bob Smith, representing petitioner – supported. 2. Tess Cunningham – opposed 3. Lynn Faust – opposed 4. Donald Currie – opposed A motion was made by Commissioner Parker, seconded by Commissioner Denson, to HOLD this request until Tuesday, February 9, 2021. The motion passed by roll call vote with Commissioners Davenport, Parker, Link, Denson, Houle, Edwards, Myers, and Thornton voting YES; and Commissioners Wright and Hamby voting NO. (8 YES 2 NO) A public hearing was held on request of Michael B. Thurmond/AMT, PC Owner: Excaliber Development, LLC for: a) amendment to C-G* (Commercial-General Zoning with Conditions); and b) Special Use in C-G (Commercial-General zoning with conditions on 21.64 acres known as 990 and 1040 US Highway 29 North. Type II Planning Commission recommendations Amendment to C-G: Approval (unanimous) Variance: Approval (unanimous) Special use: Approval w/condition (unanimous) Citizen input The following citizen input was received. 1. Bret Thurmond, representing petitioner – supported. A motion was made by Commissioner Thornton, seconded by Commissioner Link, to adopt the following ordinance (#21-02-11) 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 CONDITIONS OF ZONING ASSOCIATED WITH THREE PARCELS OF LAND COMPRISING APPROXIMATELY 21.64 ACRES IN TOTAL AND LOCATED AT 990 AND 1040 US HIGHWAY 29 NORTH IN THE C-G* (COMMERCIAL-GENERAL WITH CONDITIONS) ZONING 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 changing conditions of zoning associated with three parcels of land totaling approximately 21.64 acres and located at 990 and 1040 US Highway 29 North, Athens, Georgia as shown on Attachment A. Said affected parcels are more fully described in that certain document entitled “Lakeside Manor, Sheet title: Overall Site Plan” having a date of August 5, 2020, and prepared by Armentrout, Matheny, Thurmond, Engineers, Architects, Planners. Said document is also on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The subject parcels are also known as Tax Parcel No. 213 018C, and portions of Tax Parcel Nos. 213 018A and 213018F on the Athens-Clarke County tax maps, 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 date of this amendment shall be duly noted in the minutes of the Commission meeting. SECTION 2. The conditions of zoning in that certain ordinance entitled “AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO REZONING THE PARCEL OF LAND AT 900 U.S. HIGHWAY 29 NORTH FROM C-R (COMMERCIAL-RURAL) TO C-G (COMMERCIAL-GENERAL), AND PART OF THE PARCEL OF LAND AT 925 U.S. HIGHWAY 29 NORTH FROM C-R (COMMERCIAL-RURAL) TO C-G (COMMERCIAL-GENERAL); AND FOR OTHER PURPOSES,” which was adopted by the Commission on July 5, 2016 (hereinafter referred to as the “July 2016 Ordinance”), is hereby amended by eliminating the required interconnection with the adjoining property to the north. SECTION 3. Except as specifically modified or amended herein, the July 2016 Ordinance is saved from repeal and shall remain in full force and effect. SECTION 4. Except as set forth in Section 3 above, all ordinances or parts of ordinances in conflict herewith are hereby repealed. A motion was made by Commissioner Thornton, seconded by Commissioner Wright, to approve the requested variance as follows: The applicant shall not be required to construct a plaza or public space as described in Section 9-25-8(F)(2) of the Code of Athens-Clarke County, Georgia. This variance shall be applicable only to multifamily development; and to adopt the following ordinance (#21-02-12) 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 APPROVAL OF A SPECIAL USE PERMIT IN THE C-G* (COMMERCIAL-GENERAL ZONING WITH CONDITIONS) DISTRICT FOR ONE PARCEL OF LAND AND PORTIONS OF TWO OTHER PARCELS OF LAND LOCATED AT 990 AND 1040 US HIGHWAY 29 NORTH COMPRISING APPROXIMATELY 21.64 ACRES IN TOTAL; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The current C-G* (Commercial-General with conditions) District, 990 and 1040 US Highway 29 North, Athens, Georgia, is hereby amended to provide for special use approval of ground-floor residences. The subject parcels, which together comprise approximately 21.64 acres, are known as tax parcel number 213 018C and portions of tax parcel numbers 213 018A and 213 018F on the Athens-Clarke County Tax Map, 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 date of this amendment to the Official Zoning Map of Athens-Clarke County as shown by Attachment A hereto shall be noted on said Official Zoning Map in the office of the Clerk of Commission and duly noted in the minutes of the Commission meeting. The subject parcel is further described in that certain site plan entitled “Lakeside Manor” most recently revised on August 5, 2020, prepared by Michael Brett Thurmond, Georgia registered professional engineer, 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. SECTION 2. The binding master site plan associated with this ordinance and incorporated herein by reference consists of two sheets in total, with most sheets being labeled and numbered in the lower- right hand corner. The respective number, title, and date of each sheet is below. Sheet No.: Title: Date (most recent revision): C100 Overall Site Plan August 5, 2020 C101 Site Plan August 5, 2020 Each sheet of this binding master site plan is stamped “Binding 1-13-21,” and the entire document 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 consists of eight pages in total, being entitled “Special Use Application Report” and stamped “Binding 1-13- 21.” SECTION 3. The variance associated with approval of the requested special use permit is as follows: 1. The applicant shall not be required to construct a plaza or public space as described in Section 9-25-8(F)(2) of the Code of Athens-Clarke County, Georgia. This variance shall be applicable only to multifamily development. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on request of Brett Nave / Studio BNA, Inc. owner for rezoning from E-I (Employment-Industrial) to E-O (PD) (Employment-Office, Planned Development) on 7.20 acres known as 175 Tracy Street. Type II Planning Commission recommendation: Approval (unanimous) Citizen input The following citizen input was received. 1. Bret Nave, representing petitioner – supported. A motion was made by Commissioner Link, seconded by Commissioner Parker, to adopt the following ordinance (#21-02-13) 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 REZONING A PARCEL OF LAND COMPRISING APPROXIMATELY 7.20 ACRES LOCATED AT 175 TRACY STREET FROM E-I (EMPLOYMENT-INDUSTRIAL) TO E-O (PD) (EMPLOYMENT-OFFICE, PLANNED DEVELOPMENT); 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 changing the zoning of a parcel of land comprising approximately 7.20 acres from E-I (Employment-Industrial Zoning) to E-O (PD) (Employment-Office, Planned Development) as shown on Attachment A hereto. Said affected parcel of land being more fully described in the drawing entitled “The Mill, Athens, GA, Sheet Title: Site Plan, Sheet Number: C-20,” said drawing being last revised December 4, 2020, prepared by Smith Planning Group, and being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 W. Dougherty Street, Athens, Georgia. The subject parcel is also known as parcel number 114B 002B on the Athens-Clarke County tax maps, being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 W. Dougherty Street, Athens, Georgia. The date of this amendment to the Official Zoning Map of Athens-Clarke County as shown by Attachment A shall be noted on said Official Zoning Map in the Clerk of Commission’s Office at 301 College Avenue, Athens, Georgia, and duly noted in the minutes of the Commission meeting. SECTION 2. The binding master site plan associated with this ordinance and incorporated herein by reference consists of eleven sheets in total, with each sheet being numbered and titled in the lower-right hand corner and stamped “Binding 1-13-21”. The respective number, title and date of each sheet is listed below: Page no.: Title: Date: G0.00 Cover 12/4/2020 A1.00 Renderings 12/4/2020 A1.01 Renderings 12/4/2020 A1.10 BLDG A 12/4/2020 A1.11 BLDG B 12/4/2020  A1.12 BLDG C 12/4/2020 A1.13 BLDG D + E 12/4/2020 A1.14 BLDG F 12/4/2020 A1.15 BLDG F 12/4/2020 C-20 Site Plan 12/4/2020 C-30 Utility Plan 12/4/2020 The binding written report associated with this ordinance and incorporated by reference herein consists of 19 pages entitled “Master PD Submittal , The Mill, Athens, Georgia,” prepared by Smith Planning Group and Studio BNA, stamped “Binding 1-13-21,” and being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 W. Dougherty Street, Athens, Georgia. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on request of Charles S. Armentrout/AMT, PC for EBroad LLC for amendment to special use in C-N (Commercial Neighborhood) on 1.04 acres known as 106 Tallassee Road. Type II Planning Commission recommendation: Approval (unanimous) Citizen input The following citizen input was received. 1. Charlie Armentrout, representing petitioner – supported. A motion was made by Commissioner Denson, seconded by Commissioner Houle, to adopt the following ordinance) (#21-02-14) 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 SPECIAL USE APPROVAL IN THE C-N (COMMERCIAL-NEIGHBORHOOD) DISTRICT FOR AN APPROXIMATE 1.04-ACRE PARCEL OF LAND LOCATED AT 106 TALLASSEE ROAD; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The current C-N (Commercial-Neighborhood) District, 106 Tallassee Road, Athens, Georgia, is hereby amended to provide for Special Use approval to permit the addition of an attached storage building. The subject parcel is more fully described as follows: All that parcel of land comprised of approximately 1.04 acres as described by that certain site plan entitled “Storage Building Addition” dated December 12, 2020, prepared by Armentrout, Matheny, Thurmond, Engineers, Architects, Planners, stamped “Binding 1-13-21,” and being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 W. Dougherty Street, Athens, Georgia. Said approximate 1.04-acre parcel of land at 106 Tallassee Road is designated as tax parcel number 133C2 E008 on the Athens-Clarke County Tax Map, being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 W. Dougherty Street, Athens, Georgia. SECTION 2. The binding site plan associated with this ordinance and incorporated herein by reference consists of three sheets in total, with each sheet being numbered and titled in the lower-right hand corner and stamped “Binding 1-13-21.” The respective number, title, and date of each sheet is listed below. Sheet No.: Title: Date: C 201 Binding Site Plan 12/12/20 C 202 Binding Site Plan Blowup 12/12/20 A200 No title 12/4/20 The binding site plan associated with this ordinance is on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 W. Dougherty Street, Athens, Georgia.  The binding written report associated with this ordinance and incorporated herein by reference consists of nine pages in total, being entitled “Modification of the Binding Site Plan Approved as part of the Special Use Permit,” dated November 16, 2020, stamped “Binding 1-13-21,” and being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 W. Dougherty Street, Athens, Georgia. SECTION 3. Except as specifically modified or amended herein, that certain ordinance entitled “AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA, WITH RESPECT TO SPECIAL USE APPROVAL IN THE C-N (COMMERCIAL NEIGHBORHOOD) DISTRICT ON THE 1.04-ACRE PARCEL OF LAND LOCATED AT 106 TALLASSEE ROAD; AND FOR OTHER PURPOSES,” adopted July 5, 2017, is hereby saved from repeal. SECTION 4. Except as set forth in Section 3 above, all ordinances or parts of ordinances in conflict herewith are hereby repealed. At 7:40 p.m. a motion was made by Commissioner Wright, seconded by Commissioner Denson, to enter into executive session for discussion of real estate acquisition and/or disposal and an attorney/client conference to discuss threatened or pending litigation. The motion passed by unanimous vote. The meeting resumed in open session 9:30 p.m. 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 Wright, seconded by Commissioner Denson, to consent to action on the following eight items. The motion passed by unanimous vote. 1. ADOPT: The following ordinance (#21-02-15) which was presented by title only revising Chapter 6-6 Special Sales to modify Sunday hours of operation for the Downtown Farmer’s Market as per agenda report dated December 30, 2020; and authorize the Mayor and appropriate staff to execute all necessary documents. . AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO FARMERS MARKET HOURS OF OPERATION; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Section 6-6-8 of the Code of Athens-Clarke County, Georgia, entitled “Sales on Baldwin Street, Baxter Street and Jackson Street; Farmers Market Assigned Locations; Mobile Food Vendor Units,” Section B, entitled “Farmers Market assigned locations,”, Subsection (2) is hereby amended by deleting the phrase “8:00 p.m.” and adding the phrases “beginning at 11:00 a.m. and ending at 4:00 p.m., and Monday,” and “the closing times listed above,” so that said new subsection is: “Sec. 6-6-8. – Sales on Baldwin Street, Baxter Street and Jackson Street; Farmers Market Assigned Locations; Mobile Food Vendor Units.” B. Farmers Market Assigned locations. In addition to the provision regulating all street sales, street merchants may operate only from designated Farmers Market assigned locations on College Avenue and Washington Street subject to the following additional restrictions: (2) Special sales at Farmers Market assigned locations shall be allowed on Sunday, beginning at 11:00 a.m. and ending at 4:00 p.m., and Monday through Wednesday, beginning at 3:00 p.m. and ending at 8:00 p.m. By the closing times listed above, all areas used for the special sales shall be completely vacated and cleaned.” SECTION 2. Section 6-6-8 of the Code of Athens-Clarke County, Georgia, entitled “Sales on Baldwin Street, Baxter Street and Jackson Street; Farmers Market Assigned Locations; Mobile Food Vendor Units,” Section B, entitled “Farmers Market assigned locations,”, Subsection (7) is hereby amended by deleting the word “only,” and adding the phrase “on Sunday between 1:00 p.m. and 3:00 p.m., and Monday through Wednesday,” so that said new subsection is:  “Sec. 6-6-8. – Sales on Baldwin Street, Baxter Street and Jackson Street; Farmers Market Assigned Locations; Mobile Food Vendor Units.” B. Farmers Market Assigned locations. In addition to the provision regulating all street sales, street merchants may operate only from designated Farmers Market assigned locations on College Avenue and Washington Street subject to the following additional restrictions: (7) Amplified music that is compliant with the noise control ordinance shall be allowed on Sunday between 1:00 p.m. and 3:00 p.m., and Monday through Wednesday, between 5:00 p.m. and 7:00 p.m. at Farmers Market assigned locations as part of a permitted Farmers Market activity.” SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 2.. ADOPT: The following ordinance (#21-02-16 ) which was presented by title only to allocate $6,500 from operating contingency funding to reinstitute the local supplement for the District Attorney as per agenda report dated January 15, 2021. AN ORDINANCE TO AMEND THE FY2021 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE FUNDING FOR DISTRICT ATTORNEY SUPPLEMENTAL PAY; 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 General Fund Operating Budget to provide funding for District Attorney supplemental pay. Said Operating and Capital budget is hereby amended as follows: General Fund: EXPENDITURES: Decrease: Other General Administration General Fund Contingency $6,500 Increase: District Attorney’s Office Personal Services Expenses $6,500 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 3.. ADOPT: The following ordinance (#21-02-17) which was presented by title only allocating $84,000 from capital contingency funding to replace the mission critical facility equipment at the Police 911 Command Center as per Attachment #1 of agenda report dated December 30, 2020. AN ORDINANCE TO AMEND THE FY2021 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE FUNDING FOR EXPENSES RELATED TO CRITICAL SYSTEMS REPLACEMENTS AT THE E911 COMMAND CENTER FROM CAPITAL CONTINGENCY; 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 General Capital Projects Fund Budget to provide funding for expenses related to critical systems replacement at the E911 command center from capital contingency. Said Operating and Capital budget is hereby amended as follows: General Capital Projects Fund: EXPENDITURES Decrease: Other General Administration: Capital Contingency $84,000 Increase:  Central Services Department Facilities Life Cycle Maintenance Program $84, 000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 4. APPROVE: Declaration of the Unified Government of Athens-Clarke County (ACCGov) owned vehicles and equipment described in Facts and Issues #4 of agenda report dated December 28, 2020 as surplus property; and authorize the sale of the vehicles and equipment described in Facts and Issues #4 through an internet auction. 5. APPROVE: An exception to Policy/Procedure Statement WS-011: Water and/or Sanitary Sewer Services, to allow public water service to be provided to 160 William Strong Lane, Athens, Georgia, as shown on Attachment #1 of agenda report dated December 30, 2020 subject to the property owner’s payment of the appropriate fees as identified under Facts and Issues No. 8 for the property. 6. APPROVE: In connection with North Oconee Water Reclamation Facility clarifier improvements – Construction as per agenda report dated December 30, 2020: a) Launder Cover sole source equipment purchase for the amount of $411,220; b) A work authorization with Western Summit Constructors, Inc. in the amount of $873,024 for installation of equipment at the North Oconee Water Reclamation Facility, and; c) Mayor and appropriate staff to sign all documents related to the work authorization. 7.. APPROVE: A one-year unit-price contract with up to four annual renewals with ChemTrade Chemicals, LLC for liquid alum for the water reclamation facilities and water treatment plant as per agenda report dated December 30, 2020; and authorize the Mayor and appropriate staff to sign all documents related to the contract. 8. APPROVE: Preliminary construction plans for the Memorial Park Sewer Replacement Project and Dog Park Upgrade as per agenda report dated December 30, 2020 authorize staff to complete the final construction plans, acquire temporary construction easements and associated permits, and solicit bids for construction. Old and new business – Discussion A motion was made by Commissioner Houle, seconded by Commissioner Link, to approve a waiver of sidewalk café fees for 2021 as per agenda report dated December 21, 2020. The motion passed by unanimous vote. . A motion was made by Commissioner Davenport, seconded by Commissioner Myers, to a) Approve a designation of Perkins & Will/Smallwood Design as the highest scoring firm for professional design and construction administration services for SPLOST 2020 Project 03 Classic Center Arena as per agenda report revised January 19, 2021;  b) Authorize the Manager, staff, and Classic Center representatives to negotiate with Perkins & Will/Smallwood Design to develop a final scope of services and fees for a not-to-exceed contract amount of $4,200,000; and c) Authorize the Mayor and appropriate staff to execute all related documents. The motion passed by unanimous vote. A motion was made by Commissioner Houle, seconded by Commissioner Parker, to a) Authorize staff to include the 22.4 acres of land purchased in 2003 as per Attachment #1 of agenda report dated November 18, 2020 by the Unified Government of Athens-Clarke County (ACCGov) in the Conservation Easement being jointly developed with the Georgia Department of Natural Resources (GDNR) as included in the February 4, 2020 Mayor and Commission approved agenda report for the Rock and Shoals Natural Area Expansion Acquisition and Budget Amendment Greenspace Acquisition Program (SPLOST 2011 Project #28); and b) Authorize the Mayor and appropriate staff to execute relevant documents. The motion passed by unanimous vote. A motion was made by Commissioner Parker, seconded by Commissioner Link, to a) Approve the exemption of wastewater connection fees to facilitate connection of the Hallmark Mobile Home Park (HMHP) oxidation pond to the public sanitary sewer system as per agenda report dated December 30, 2020; and b) Authorize the Public Utilities Department to coordinate sanitary sewer connection from HMHP to public sanitary sewer with the Georgia Environmental Protection Division, other ACCGov departments, and the property owner. The motion passed by unanimous vote. A motion was made by Commissioner Davenport, seconded by Commissioner Link, to approve funding strategy for the Cherokee Road Sidewalk and Multi-Use Path Concept, as shown on Attachment #1 of agenda report dated January 13, 2021, at a 50/50 split between TSPLOST 2018, Project 11 – Bicycle Improvement Program, and TSPLOST 2018, Project 12 – Pedestrian Improvement Program; and HOLD action on construction. The motion passed by unanimous vote. A motion was made by Commissioner Houle, seconded by Commissioner Parker, to approve the commission defined option version of the 12-year funding schedule for the SPLOST 2020 Program moving Project 28 – Mental Health Recovery Facility from Tier 4 (FY24) to Tier 2 (FY22 (agenda report revised January 20, 2021); and authorize the Mayor and appropriate staff to execute all related documents. The motion passed by unanimous vote. A motion was made by Commissioner Denson, seconded by Commissioner Hamby, reference to 2020 Update – Public Utilities Department Service Delivery Plan. a) Accept the Financial Element as outlined in Attachment #1, of agenda report dated January 11, 2021 revised to conform to the commission-defined option, and publish the conformed document with ample public outreach; b) Accept the proposed project implementation schedule as outlined in Attachment #2; c) Accept the six-year rate adjustment component of the 2020 Update to the Financial Element of the Public Utilities Department Service Delivery Plan, as outlined in the commission-defined option,  substituting the tables in Facts and Issues No. 12 of the February 2, 2021 agenda report with the tables in the commission-defined option; and d) Make the effective date of all future rate increases beginning with the FY23 rate increase on July 1, 2022. The motion passed by unanimous vote. A motion was made by Commissioner Denson, seconded by Commissioner Link, to approve commission defined option reference policies for naming of streets and public places in Athens-Clarke County. A substitute motion was made by Commissioner Thornton, seconded by Commissioner Wright, to HOLD this item. A motion was made by Commissioner Houle to call for the question. The motion died for lack of a second. The substitute motion passed by unanimous vote. New business – Consider under suspension of Rules A motion was made by Commissioner Davenport, seconded by Commissioner Denson, to suspend Rules of Commission for consideration of items of new business. The motion passed by unanimous vote. A motion was made by Commissioner Hamby, seconded by Commissioner Link, to approve the proposed indigent services contract amendments totaling $267,106 as shown in Attachment #1 of agenda report dated January 15, 2021 for the following:  ACTION, Inc.,  Athens Area Diaper Bank,  Athens Area Homeless Shelter,  Casa de Amistad,  East Athens Development Corporation, Inc.,  Family Promise,  People Living in Recovery, and  Best Western Athens; and authorize the Mayor and ACCGov staff to execute all related contracts and documents. The motion passed by unanimous vote. . A motion was made by Commissioner Hamby, seconded by Commissioner Edwards, to adopt the following ordinance (#21-02-18) which was presented by title only providing for the addition of ACCGov Personnel System § 1-9-7 (k). Leaves of Absence – Public Health Emergency Leave as per Attachment 1 of agenda report dated January 25, 2021 to authorize limited emergency leave types to protect public health, employee health and to safeguard ACCGov; and authorize ACCGov Manager and appropriate staff to execute all related documents. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA, WITH RESPECT TO PUBLIC HEALTH EMERGENCY LEAVE; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Section 1-9-7 of the Code of Athens-Clarke County, Georgia, entitled “Leaves of absence,” is hereby amended by adding the following new subsection (k): “Sec. 1-9-7. – Leaves of absence.  (k) Public Health Emergency leave. Upon ACCGov Mayor and Commission approval, and under ACCGov Manager approved policy, Public Health Emergency Leave types may be established during federal, state or ACCGov declared public health emergency; or when mandated or provided for by law.. a. Public Health Emergency: Government and/or or public health declared public health emergency. This may include the World Health Organization, U.S. Department of Health and Human Services, State of Georgia, State of Georgia Department of Public Health, or ACCGov through its governing body. b. Public Health Emergency Leave Types: i. Emergency Sick Leave or Family Medical Leave mandated, or provided for by law (e.g., federal Covid-19 Emergency Paid Sick Leave and Expanded Family Medical Leave); and similar leave types provided for by law in response to a public health emergency; ii. Emergency Vaccination Leave (EVL): Leave provided to active ACCGov employees in response to public health emergency. EVL provides up to four (4) hours per appointment for vaccination and a maximum of two (2) appointments, for maximum total of eight (8) hours of EVL through ACCGov policy defined expiration of authorized EVL, or updated policy defined expiration date subsequent to Mayor and Commission renewal of EVL. c. Unless funded by the Mayor and Commission, Public Health Emergency leave types must be budget neutral; or of negligible impact to current fiscal year and near-term out fiscal years (e.g., costs are already budgeted; sufficiently offset to be so; costs are attenuated over a relatively long period of time; or costs are eligible for reimbursement or otherwise recoverable). d. Public Health Emergency leave types shall be limited by an expiration date or “sunset” provision for expenditure of the leave type in ACCGov Manager approved policy; or such leave types must by otherwise renewed by the ACCGov Mayor and Commission with a subsequent and updated ACCGov Manager approved policy expiration date. e. Public Health Emergency paid leave types shall not be established for outside ACCGov charity activities including runs, contests, fund raising or other charity events; or permitted for time worked where wages are earned.” SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A motion was made by Commissioner Hamby, seconded by Commkissioner Edwards, to adopt Policy and Procedure Statement HR-001 Revised to replace Mayor and Commission approved Contributory Leave Policy as per Attachment #1 of agenda report dated January 26, 2021; adopt the following ordinance (#21-02-19) which was presented by title only; and authorize Mayor and appropriate staff to execute all related documents. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA, WITH RESPECT TO DONATED LEAVE; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Section 1-9-7 of the Code of Athens-Clarke County, Georgia, entitled “Leaves of absence,” is hereby amended by adding the following new subsection (l): “Sec. 1-9-7. – Leaves of absence. (l) Donated leave. Upon ACCGov Mayor and Commission approval, and under ACCGov Manager approved policy, may be used by employees that meet the following criteria and have one or more qualifying reasons for use of donated leave. a. Eligibility Criteria for Use of Donated Leave. All of the following criteria must be met in order to be eligible to apply for use of donated leave from the Pool: i. The employee is actively employed in a full-time ACCGov position. ii. The employee has exhausted all paid leave options. iii. The employee is not receiving any other paid benefit (e.g., Short-term Disability).  iv. The employee has been, is currently, or will soon be in a “no pay status” due to a qualifying reason as defined herein under Qualifying Reasons for Use of Donated Leave. v. The employee has not already exceeded the maximum of six weeks of Donated Leave use in the previous twelve (12) months. vi. The employee has demonstrated good leave stewardship as defined herein under Leave Stewardship. b. Qualifying Reasons for Use of Donated Leave. Donated leave may only be approved for circumstances that would otherwise be eligible for the use of sick leave as described in section 1-9-7: i.. A personal medical emergency; ii. Extended absence due to personal, non-work related illness or injury; iii . Extended absence due to need to care for a spouse, child, parent, or other family member who experiences illness or injury and for whom the employee is a caregiver under approved or designated Family Medical Leave; or iv. Need for leave following the loss of a spouse, child, biological parent, adoptive parent, step-parent, legal guardian, custodian, mother-in-law or father-in-law. c. Unless funded by the Mayor and Commission, donated leave must be budget neutral; or of negligible impact to current fiscal year and near-term out fiscal years (e.g., costs are already budgeted; sufficiently offset to be so; costs are attenuated over a relatively long period of time; or costs are eligible for reimbursement or otherwise recoverable). d. Maximum Annual Donated Leave Use. The maximum amount of donated leave any employee may receive from the Pool within a rolling twelve (12) month period is equivalent to the number of hours in their regular schedule over six (6) weeks. Disbursements from the Pool will be on an hour for hour basis regardless of shift schedule. e. Concurrent Leave Use. Donated Leave hours shall not be disbursed if an employee is receiving Worker's Compensation benefits, or any other paid benefit (e.g., Short-Term or Long-Term Disability), and shall not be used concurrently with any other type of paid leave, income replacement or other paid benefit. f. Miscellaneous. Employees who receive donated leave are not required to “pay back” that leave in financial or leave form. A biweekly employee who has taken donated leave and/or sick leave, with or without pay, for ten working days shall not earn sick leave credit for the following pay period.” SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A motion was made by Commissioner Hamby, seconded by Commissioner Edwards, to adopt the following ordinance (#21-02-20) which was presented by title only. The motion passed by unanimous vote. AN ORDINANCE FOR THE THIRTEENTH 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, October 30, 2020, November 30, 2020, December 30, 2020 and again on January 29, 2021 so that it will remain in effect at least through Sunday, March 7, 2021; 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, October 6, 2020, November 4, 2020, December 1, 2020, January 6, 2021 and again on January 29, 2021; 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, 10.30.20.02,11.13.20.01, 12.30.20.02, 01.15.21.01, 01.29.21.02 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 01.15.21.01 (“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, 11.13.20.01, 12.30.20.02, 01.15.21.01, 01.29.21.02 required Vulnerable Populations to continue to shelter in place, with exceptions that include participating in essential services and working, through February 15, 2021; 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 wearing facial coverings as examples for Georgians to follow; and WHEREAS, according to the Georgia Department of Public Health COVID-19 update on Sunday, January 31, 2021, Georgia now has 749,867 confirmed cases of COVID-19, including 11,136 confirmed cases in Athens-Clarke County; and WHEREAS, according to the Georgia Department of Public Health COVID-19 update, 12,570 individuals in Georgia have died and 50,237 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 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.  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 January 15, 2021, 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 welf are of said government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers grante d in this Charter as fully and completely as if such powers were fully enumerated herein and to do and perform all of the acts per taining 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 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 2 Athens-Clarke County v. Walton Electric Membership Corporation, 265 Ga. 229, 230 (1995). 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. 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-008D entitled “A Policy to Extend the Outdoor Retail Areas Pilot Program for the Remainder of 2020,” 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. SECTION 6. The April 1, 2020 deadline for payment of Occupation Tax and regulatory fees continue to be extended to and including March 14, 2021. 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 7. 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 8. 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 Sunday, March 14, 2021, 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 9. 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. Recommended the following appointments. Commissioner Jesse Houle – Athens-Clarke County Industrial Development Authority Term expiring 01-07-2025 Ilka McConnell – Georgia Innovation Corridor Joint Development Authority Term expiring 05-18-2023 Kelly Grow – Hospital Authority of Clarke County Six-year term expiring 02-28-2027 A motion was made by Commissioner Hamby, seconded by Commissioner, to approve said recommendations. The motion passed by unanimous vote. 2. Announced appointment of Commissioner Houle as liaison to Advantage Behavioral System. 3. Announced appointment of Athens Safety and Justice Committee.  Erin Barger, Liaison to Envision Athens Safety Team  David Beck, Diversion Center resident  John Donnelly, Public Defender  Rick Dunn, CCSD Graduation Coach Coordinator (retired)  Russell Gabriel, UGA Law School Faculty Member  Deborah Gonzalez, District Attorney  Kamau Hull, Juvenile Court Judge  John Lash, Georgia Conflict Center  Adam Lasilla, ACLU coordinator  Katie McFarland, Advantage Behavioral Health  Dr. Dawn Meyers, CCSD Assistant Superintendent and Student Services Director (retired)  Gwen O’Looney, Former Athens-Clarke County Mayor  Cleveland Spruill, Athens-Clarke County Police Chief (or designee)  Terris Thomas, Neighborhood Leader Coordinator  Design Data-Driven, High-Yield Crime Prevention Efforts that can be sustained in Athens- Clarke County. This should include focused efforts regarding housing, education, youth development, employment, hunger prevention, neighborhood enrichment, healthcare, behavioral health supports and related tactics that are demonstrated to reduce crime. This work includes both immediate opportunities and long-term commitment on the part of Athens-Clarke County. Bolster Criminal Justice System Responses that are equitable and supportive of civil rights, human dignity, and recidivism reduction. This should work to eliminate disparities in system treatment and outcomes by race and ethnicity, should be supportive of individual and community health, create a continuum of crime and crisis responses that are the most appropriate solutions to situations – including a range of professional roles beyond traditional armed responses, design ideal training and skill development for public safety officers, and enhance graceful returns to the Athens community from those that have served under incarceration or supervision that create new opportunity for those individuals. 4. Stated the Linnentown resolution will be considered on Tuesday, February 16. The following appointments to the SPLOST 2020 Oversight Committee were entered into the record. District 1 – Laura Carter District 2 – Frances Berry District 3 – Adam Shirley District 4 – Sara Beresford District 5 – Jennifer Zwirn District 6 – Jim Weck District 7 – Denny Galis District 8 – Shannon Wilder District 9 – Shane Blackwell District 10 – Marilyn Wolf Ragatz FROM COMMISSIONER THORNTON: 1. Requested update on prosperity package. FROM COMMISSIONER MYERS: 1. Expressed concern about recent violence. 2. Thanked management for department orientations. 3. Stated interested citizens can sign up to receive her newsletter. FROM COMMISSIONER HOULE: 1. Requested consideration of providing housing services at the Classic Center. 2. Thanked Transportation and Public Works for recent pothole repair. FROM COMMISSIONER DENSON: 1. Thanked Traffic Engineer Tim Griffith and Sign and Marking Crew Leader Caleb Elder for participation in recent neighborhood meeting. 2. Stated virtual District 5 town hall will be February 23. FROM COMMISSIONER LINK: 1. Requested police continue downtown enforcement of COVID restrictions. FROM COMMISISONER PARKER: 1. Stated a fund thru Clarke Central has been established for young survivor of recent tragic fire. FROM COMMSISONER DAVENPORT: 1. Thanked Mayor Girtz for State of the City message. FROM COMMISSIONERS MYERS, HOULE, DENSON, PARKER, AND DAVENPORT: 1. Expressed support for Linnentown resolution. FROM COMMISSIONERS EDWARDS AND LINK: 1. Expressed displeasure with Representatives Clyde Armory and Jody Hice. The meeting adjourned at 11:12 p.m., _________________________________________ Clerk of Commission