Mayor & Commission Meetings

Unified Government of Athens-Clarke County, Georgia Mayor and Commission Special Called Session Tuesday, November 16, 2021 5:07 p.m. City Hall The Mayor and Commission of the Unified Government of Athens-Clarke County met this date in a special called session. Present: Mayor Pro tem Edwards; Commissioners Davenport, Parker, Link, Wright, Denson, Houle, Myers, and Thornton. Absent: Mayor Girtz and Commissioner Hamby. Mayor Pro tem Edwards presided. The purpose of the meeting was 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. A motion was made by Commissioner Myers, seconded by Commissioner Houle, 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 adjourned at 5:09 p.m. ___________________________________ Clerk of Commission ********************************** Unified Government of Athens-Clarke County, Georgia Mayor and Commission Special Called Session Tuesday, November 16, 2021 6:00 p.m. City Hall The Mayor and Commission of the Unified Government of Athens-Clarke County met this date in a special called session. Present: Mayor Pro tem Edwards; Commissioners Davenport, Parker, Link, Wright, Denson, Houle, Myers, Thornton, and Hamby. Absent: Mayor Girtz. Mayor Pro tem Edwards presided. The purpose of the meeting was to consider several items of new business. Citizen input There was no citizen input. A motion was made by Commissioner Denson, seconded by Commissioner Link, to amend the agenda to add consideration of a revised resolution with reference to the Northeast Georgia Food Bank. The motion passed by unanimous vote. A motion was made by Commissioner Link, seconded by Commissioner Denson, to approve CY20 Pavement Maintenance Program – Change order to existing contracts. The motion passed by unanimous vote. A motion was made by Commissioner Denson, seconded by Commissioner Parker, to place back on the table the CY20 Pavement Maintenance Program prior action since Rules of Commission had not been suspended. The motion passed by unanimous vote. New business – Consider under suspension of Rules A motion was made by Commissioner Link, seconded by Commissioner Myers, to suspend Rules of Commission for consideration of new business. The motion passed by unanimous vote. A motion was made by Commissioner Link, seconded by Commissioner Denson, to  a) Approve as per agenda report revised November 26, 2021, a change order in the amount of $684,337.35 to the CY20 PMP unit price contract to reconcile added quantities associated with pavement rehabilitation and maintenance work items completed on the original roadway list and subsequent change orders already approved by Mayor and Commission; b) Authorize Mayor and appropriate staff to execute a time extension to existing contract to December 10, 2021 for final completion; and c) Authorize Mayor and appropriate staff to execute all related documents. The motion passed by unanimous vote. A motion was made by Commissioner Myers, seconded by Commissioner Denson, to a) Adopt the following resolution authorizing the submission of an application to the Georgia Department of Transportation (GDOT) for Federal Transit Administration – American Rescue Plan Act FY23 (July 1, 2022- June 30, 2023) Formula Operating assistance of $7,170,185 and FY23 (July 1, 2022- June 30, 2023) Supplemental assistance of $828,160 for a total amount of $7,998,345, as per agenda report dated October 27, 2021; b) Authorize ACCGov Staff to submit a request to GDOT for additional 100% federal share, CARES Act funds, in the amount of $1,935,964, to address FY 2022 budget deficit due to ARP Funds announced on March 8, 2021, not available for FY 2022; c) Authorize the acceptance of the grant at the currently projected level or alternative level, if awarded; and d) Authorize the Mayor and appropriate staff to execute the resulting contract between the Unified Government of Athens-Clarke County (ACCGov) and GDOT. The motion passed by unanimous vote. RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, AND GEORGIA DEPARTMENT OF TRANSPORTATION, FOR A GRANT UNDER TITLE 49 U.S.C., SECTION 5307. WHEREAS, the Federal Transit Administration and the Georgia Department of Transportation are authorized to make grants to non-urbanized (rural) areas for mass transportation projects; and WHEREAS, the contract for financial assistance will impose certain obligations upon Applicant, including the provision of the local share of project costs; and WHEREAS, it is required by the United States Department of Transportation and the Georgia Department of Transportation in accordance with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Federal Transit Act, the applicant gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the United States Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that Minority Business Enterprise (Disadvantaged Business Enterprise and Women's Business Enterprise) be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority business shall have the maximum feasible opportunity to compete for contracts and purchase orders when procuring construction contracts, supplies, equipment contracts, or consultant and other services. NOW THEREFORE, BE IT RESOLVED BY Unified Government of Athens-Clarke County hereinafter referred to as the “Applicant”, 1. That the Designated Official Kelly Girtz, Mayor, Unified Government of Athens-Clarke County, is authorized to execute and file an application on behalf of Unified Government of Athens-Clarke with the Georgia Department of Transportation, to aid in the purchase of bus transit vehicles and/or the planning, development, and construction of bus transit-related facilities pursuant to Section 5307 of the Federal Transit Act. 2. That the Official is authorized to execute and file such application and assurances or any other document required by the U.S. Department of Transportation and the Georgia Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. 3. That the Official is authorized to execute and file all other standard assurances or any other document required by the Georgia Department of Transportation or the U.S. Department of Transportation in connection with the application for public transportation assistance.  4. That the Official is authorized to execute grant contract agreements on behalf of the Applicant with the Georgia Department of Transportation. 5. That the Official is authorized to set forth and execute Minority Business Enterprise, DBE (Disadvantaged Business Enterprise) and WBE (Women Business Enterprise) policies and procedures in connection with the project's procurement needs as applicable. 6. That the applicant while making application to or receiving grants from the Federal Transit Administration will comply with FTA Circular 9030.1E, FTA Certifications and Assurances for Federal Assistance 2021 as listed in this grant application and General Operating Guidelines as illustrated in the Georgia State Management Plan. 7. That the applicant has or will have available in the General Fund the required non federal funds to meet local share requirements for this grant application. A motion was made by Commissioner Houle, seconded by Commissioner Denson, to HOLD until Tuesday, December 7, 2021: Sanctioned homeless encampment provider. The motion passed by roll call vote with Commissioners Davenport, Parker, Link, Wright, Denson, Houle, Myers and Hamby voting YES and Commissioner Thornton voting NO. (8 YES; 1 NO) A motion was made by Commissioner Houle, seconded by Commissioner Myers, to HOLD until Tuesday, December 7, 2021: Low Income Household Water Assistance Program. The motion passed by roll call vote with Commissioners Davenport, Parker, Link, Wright, Denson, Houle, Myers and Hamby voting YES and Commissioner Thornton voting NO. (8 YES; 1 NO) A motion was made by Commissioner Houle, seconded by Commissioner Link, to adopt the following resolution. The motion passed by roll call vote with Commissioners Davenport, Parker, Link, Denson, Houle, and Myers voting YES and Commissioners Wright, Thornton, and Hamby voting NO. (6 YES; 3 NO) A RESOLUTION OF THE COMMISSION OF ATHENS-CLARKE COUNTY, GEORGIA TO APPROVE THE SUBMISSION OF THE BOARD OF ELECTION’S RECOMMENDED REDISTRICTING PLAN TO THE REAPPORTIONMENT OFFICE FOR A TECHNICAL REVIEW; AND FOR OTHER PURPOSES. WHEREAS, on September 16, 2021, the United States Census Bureau released the 2020 Redistricting Summary Files consistent with Federal Public Law 94-171; and WHEREAS, on September 24, 2021, Mayor Kelly Girtz requested the assistance of ACCGov’s Geospatial Information Office in examining and drawing new Commission District boundaries (the “Redistricting Plan”) for approval by the Commission; and WHEREAS, on October 7, 2021, Representative Spencer Frye of the 118 th District of the Georgia State House of Representatives, notified the Georgia Legislative and Congressional Reapportionment Office (the “Reapportionment Office”) that he would serve as the sponsor of the Redistricting Plan; and WHEREAS, pursuant to O.C.G.A. Sec. 28-1-14.1 (b)(3), a member of the local legislative delegation must authorize the Reapportionment Office to conduct a technical review of a local government’s redistricting plan; and WHEREAS, the purposes of the technical review is to ensure the Redistricting Plan complies with the Voting Rights Act of 1965 and the Constitution of Georgia; and WHEREAS, on October 12, 2021, in a Mayor and Commission work session, Chief Data Officer Joseph D’Angelo presented for consideration by the Mayor and Commission a list of options and proposed timeline for assurance of submittal of the Redistricting Plan to the Georgia General Assembly in time for the Governor to sign the new boundaries into law for use in local elections in 2022; and WHEREAS, also on October 12, 2021, in the same work session, Commissioners expressed their concerns about the proposed process and a desire to request the assistance of the Athens-Clarke County Board of Elections and Registration (the “Board of Elections”) with preparing the Redistricting Plan; and WHEREAS, on October 19, 2021, in a Special Called meeting, the Commission approved a Resolution to request the assistance of the Board of Elections in preparing and recommending the Redistricting Plan for the Commission’s review and approval prior to the Redistricting Plan’s submission to the Reapportionment Office for a technical review; and WHEREAS, on November 9, 2021, in a Mayor and Commission work session, the Board of Elections submitted its recommended Redistricting Plan for the Commission’s review and approval; NOW, THEREFORE, BE IT RESOLVED by the Commission of Athens-Clarke County, Georgia and it is hereby so resolved by the authority of same as follows: SECTION 1. The Commission hereby approves the submission of the Board of Election’s recommended Redistricting Plan to the Reapportionment Office for a technical review. A copy of the recommended Redistricting Plan is attached hereto as Exhibit “A” and incorporated herein by reference. SECTION 2. The Commission requests that the Manager allow staff from ACCGov’s Geospatial Information Office to coordinate with Representative Spencer Frye in submitting the recommended Redistricting Plan to the Reapportionment Office for a technical review. SECTION 3. This Resolution shall become effective immediately upon its approval by the Mayor or upon its adoption into law without such approval. A motion was made by Commissioner Thornton, seconded by Commissioner Denson, to adopt the following resolution. The motion passed by unanimous vote. A RESOLUTION OF THE COMMISSION OF ATHENS-CLARKE COUNTY, GEORGIA TO APPROVE AND AUTHORIZE THE SETTLEMENT OF THE CLAIMS OF ARLENE STERN; AND FOR OTHER LAWFUL PURPOSES. WHEREAS, on July 24, 2018, Cleveland D. Lawrence, Jr., (“Lawrence”), acting in his capacity as an employee of the Unified Government of Athens-Clarke County, Georgia, was operating a Ford F250 truck for the Solid Waste Department that struck Arlene Stern, (“Stern”), who was crossing Hancock Avenue in her motorized wheelchair at its intersection with College Avenue; and WHEREAS, on June 24, 2020, Stern’s attorney file a Complaint for Damages in the Superior Court of Clarke County, Case No. SU20CV0296, against the Unified Government of Athens-Clarke County, Georgia, (“A-CC”), and Lawrence for the alleged injuries Stern suffered as a result of being struck by Lawrence, (“Stern’s Claims”); and WHEREAS, A-CC and Stern desire to voluntarily resolve Stern’s Claims and all other disputes that may exist between them by compromise and without incurring additional attorney’s fees, expenses, and costs of litigation; and WHEREAS, without admitting liability or fault, the Commission finds it to be in the best interests of A-CC to resolve Stern’s Claims as set forth below. NOW, THEREFORE, the Commission hereby resolves as follows: SECTION 1. The Commission does hereby approve and authorize the payment of the sum of Four Hundred Thousand and 00/100 Dollars ($400,000.00) to Stern in settlement of Stern’s Claims. SECTION 2. The Attorney for A-CC and outside counsel retained for purposes of these Claims shall have authority to take all further actions necessary to carry out the intents and purposes of this Resolution and to prepare, or to cause to be prepared, any and all documents necessary to effectuate the resolution of the Claims as described herein. SECTION 3. The Mayor of A-CC shall have authority to take all further actions necessary to carry out the intents and purposes of this Resolution, including but not limited to, the authority to sign any documents as may be necessary or appropriate to effectuate the intents and purposes of this Resolution. SECTION 4. The Commission hereby declares that the foregoing preamble and whereas provisions set forth hereinabove constitute, and shall be considered to be, substantive provisions of this Resolution and are hereby incorporated by reference into this provision. SECTION 5. In the event scrivener’s errors shall be discovered in this Resolution or in the Exhibits hereto after the adoption hereof, the Commission hereby authorizes and directs that each such scrivener’s error shall be corrected in all multiple counterparts of this Resolution. SECTION 6.  This Resolution shall become effective immediately upon its approval by the Mayor or upon its adoption into law without such approval. Commissioner Wright left the meeting at 7:04 p.m. A motion was made by Commissioner Davenport, seconded by Commissioner Thornton, to a) Approve acceptance of the terms and conditions of State of Georgia Public Safety Officials and First Responder Pay Supplement Grant funds for ACCGov disbursement to eligible employees as per Attachment #1 of agenda report dated November 9, 2021; b) Authorize Mayor and appropriate staff to execute all related documents and transactions including transfer of funds to the Clarke County School District for eligible employees; and c) Adopt the following ordinance which was presented by title only. The motion passed by roll call vote with Commissioners Davenport, Link, Denson Houle, Myers, Thornton, and Hamby voting YES; and Commissioner Parker voting NO. (7 YES; 1 NO) AN ORDINANCE TO AMEND THE FY2022 OPERATING AND CAPITAL BUDGET FOR ATHENS- CLARKE COUNTY, GEORGIA SO AS TO PROVIDE GRANT FUNDING, IF AWARDED, FROM THE GEORGIA PUBLIC SAFETY OFFICIALS AND FIRST RESPONDERS PAY SUPPLEMENT GRANT; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The Commission of Athens-Clarke County, Georgia desires to amend the Grants Funds Operating Budget to provide funding for a one-time pay supplement from the Georgia Public Safety Officials and First Responders Grant for all eligible employees. Said Operating & Capital budget is hereby amended as follows: Grants Fund: REVENUES: Increase: State Grants: GA Public Safety & First Responders Pay Supplement Grant up to $625,000 EXPENDITURES Increase: Other General Administration: Supplement Pay up to $625,000 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 resolution. The motion passed by unanimous vote. UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY GEORGIA 2021 COMMUNITY DEVELOPMENT BLOCK GRANT-CARES ACT (CDBG-CV) APPLICATION SUBMISSION FOR FOOD BANK OF NORTHEAST GEORGIA EXPANSION PROJECT The Mayor and Commission of the Unified Government of Athens-Clarke County by this resolution do hereby approve the submission of a 2021 Community Development Block Grant CARES Act (CDBG-CV) application to finance the Food Bank of Northeast Georgia Expansion Project within the designated target area for a total project cost of $18,026,427. The Mayor and Commission do hereby authorize the Mayor to execute any and all documents necessary to apply for and obtain the Community Development Block Grant Coronavirus Program funding. The Mayor and Commission have requested the assistance of the Northeast Georgia Regional Commission in preparing the CDBG application. If awarded, the Mayor and Commission designate the Northeast Georgia Regional Commission as the grant administrator, in accordance with local government requirements, the Common Rule Selection Process, and the Community Development Block Grant program guidelines. The Mayor and Commission commit to providing up-to $8,607,500, to be paid in its entirety by the Food Bank of Northeast Georgia, as a local match for the CDBG Application contingent upon the Food Bank’s receipt of $7,707,500 in funding for construction and equipment from the Georgia Governor’s Office of Planning and Budget State Fiscal Recovery Funding for Negative Economic Impacts. Should only CDBG- CV funding be awarded, the Mayor and Commission commit to providing 25% of the project cost, not to exceed $900,000, to be paid in its entirety by the Food Bank. In the event that the Food Bank does not provide a local match, the Unified Government of Athens-Clarke County shall have no obligation to make the local match. The meeting adjourned at 7:09 p.m. _______________________________________ Clerk of Commission