Mayor & Commission Meetings

Unified Government of Athens-Clarke County, Georgia Mayor and Commission Tuesday, April 5, 2022 6:00 p.m. City Hall 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. Commissioner Davenport came in at 6:02 p.m. Commissioner Denson came in at 6:05 p.m. A motion was made by Commissioner Houle, seconded by Commissioner Myers, to approve Minutes of meetings of Tuesday, March 1; Tuesday, March 8; Tuesday, March 15, 2022; agenda setting session of Tuesday, March 15; and work sessions of Tuesday, March 8; and Tuesday, March 22, 2022 with the following corrections from Commissioner Houle.  3/1 VOTING MEETING o Mayoral Appointments - Jennifer Zwirn [not Zwin] o Russ Watson (public comment for old/new business) was opposed to the salary increase [not supporting] o Patrick Armour also spoke during public comment for Old/New Business re: homelessness (didn't state an agenda item) [he again spoke a second time, as noted, at the end of the meeting] o Re: the first item of old/new business (the ARPA funding vote): The substitute motion by Commissioner Thornton was withdrawn and replaced with a motion to table, as noted in the minutes, but then the motion to table was withdrawn and replaced again with her original substitute motion for her CDO. Thus, the 3-7 vote on the substitute motion as recorded was for Commissioner Thornton's CDO (not on a motion to table).  3/15 SPECIAL CALLED SESSION o Commissioner Edwards [typo missing the 's']  NON-VOTING MEETINGS o 3/8 Work Session - Commissioner Thornton was present, albeit having arrived late [she is noted as absent]. o 3/4 BAC Interviews  We met via WebEx from 9:00a - 10:00a  Mayor Girtz and Commissioners Parker, Wright, Denson, Houle, and Thornton were present for all of it.  Commissioner Davenport was present for potions of it.  Commissioners Link, Edwards, Myers, and Hamby were absent.  Purpose of meeting: interviews with candidates for the Human Relation Commission. The motion passed with eight YES votes. Written communications There were none. A motion was made by Commissioner Parker, seconded by Commissioner Myers, to amend the agenda to HOLD item #16 North Downtown Athens payment in lieu of taxes, and add new item for resolution membership on the Mall TAD Area Committee. The motion passed by unanimous vote. Recognition Mayor Girtz announced SPLOST 2011 Project #23, Sub-Project #5 Fire Station #2 and Cooperative Extension buildings have been certified as LEED Silver. This certification not only highlights ACCGov’s commitment to Clean and Renewable Energy, but it will also result in operational savings and enhanced green infrastructure. Some highlights of the projects include: Co-locating services Rainwater harvesting Native planting: Underground stormwater system Efficient building systems Solar panels . Fire Chief Jeff Scarbrough, Cooperative Extension Director Jackie Dallas, and Sustainability Officer Mike Wharton accepted the certificates. 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. Citizen input There was none. A motion was made by Commissioner Wright, seconded by Commissioner Thornton, to consent to action on the following 10 items. The motion passed by unanimous vote. 1. a) ADOPT: The following ordinance (#22-04-28) which was presented by title only; b) APPROVE: Submission of an application by the Athens-Clarke County Police Department (ACCPD) for the FY 2022 Homeland Security Grant Program to acquire a new Mobile 911 Center as per agenda report dated March 8, 2022; c) APPROVE: Acceptance of the grant funds, if awarded; and d) AUTHORIZE: Mayor and appropriate staff to execute all documents associated with the grant. AN ORDINANCE TO AMEND THE FY2022 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS- CLARKE COUNTY, GEORGIA SO AS TO PROVIDE GRANT FUNDING, IF AWARDED, FROM THE HOMELAND SECRITY GRANT PROGRAM (HSGP) FOR THE PURCHASE OF A NEW MOBILE 911 CENTER AND RELATED EQUIPMENT; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The Commission of Athens-Clarke County, Georgia desires to amend the Grants Special Revenue Fund to provide grant funding and authorization, if awarded, from the FY 2022 Homeland Security Grant Program (HSGP) for the purchase of a new mobile 911 Center and related equipment. Said Operating and Capital budget is hereby amended as follows: Grants Special Revenue Fund: REVENUES: Increase: Federal Grants: Homeland Security Grant Program $850,000 Expenditures: Increase: Police Department: Capital Expenses $850,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 2. ADOPT: The following ordinance (#22-04-29) which was presented by title only for Saint James Drive at Somerset Drive stop sign as per agenda report dated February 17, 2022. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO STOP CONTROL AT THE INTERSECTION OF ST. JAMES DRIVE AND SOMERSET DRIVE; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Pursuant to Section 3-3-50 of the Code of Athens-Clarke County, Georgia, stop control is hereby established for the intersection of Saint James Drive and Somerset Drive, as shown Attachment #1, entitled “St. James Dr. at Somerset Dr. Proposed Stop,” attached hereto and incorporated herein by reference. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 3. ADOPT: a) The following ordinance (#22-04-30) which was presented by title only increasing the TSPLOST 2018 Project #5 Oconee Rivers Greenway Project, Sub-Project #7 Oak/Oconee Street Underpass, budget in the amount of $10,600 as per agenda report dated February 21, 2022; and b) Accept the Right of Way offer package to sell permanent and temporary easements in the amount of $10,600 for GDOT PI # 0013806 Parcels #3 and #6 generally shown on Attachment #1 of said agenda report; and c) Authorize the Mayor and appropriate staff to execute all related documents. AN ORDINANCE TO AMEND THE TRANSPORATION SPECIAL PURPOSE LOCAL OPTION SALES TAX 2018 PROGRAM BUDGET SO AS TO PROVIDE ADDITIONAL FUNDING FOR PROJECT #05 OCONEE RIVERS GREENWAY PROJECT, SUB-PROJECT #7 OAK/OCONEE STREET UNDERPASS; 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 TSPLOST 2018 Capital Projects Fund to provide additional funding for the TSPLOST 2018 Project #05 Oconee Rivers Greenway Project, Sub-Project #7 Oak/Oconee Street Underpass. Said Operating and Capital budget is hereby amended as follows: TSPLOST 2018 Capital Projects Fund: REVENUES: INCREASE: GDOT Payment $10,600 EXPENDITURES: DECREASE: ($0) INCREASE: Project #05/Sub-Project #7– Oak/Oconee Street Underpass $10,600 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 4. APPROVE: Easement to allow Georgia Power access to property located at 325 Pound Street to service and maintain battery electric bus transformer that is required for charging future transit charging stations as per agenda report dated March 2, 2022; and authorize Mayor and staff to sign all related documents. 5. APPROVE: First amendment to the Option and Lease Agreement as per Attachment #1 of agenda report dated February 28, 2022 with New Cingular Wireless PCS, for the land leased to support a  privately- owned wireless tower located in Southeast Clarke Park at 4440 Lexington Road; and, authorize the Mayor and appropriate staff to execute all necessary documents. 6. APPROVE: a) An initial one year Total Maintenance and Repair (TMR) Agreement for the specialized medium voltage equipment at the Water Treatment Plant (WTP), with Georgia Power Company (GPC) in the annual amount of $85,640 as per agenda report dated February 21, 2022. This agreement may be extended up to four additional one-year terms; b) Appropriate $31,400 for completion of “Make Ready” work by GPC; and c) Authorize the Mayor and appropriate staff to sign all documents related to the work authorization. 7. APPROVE: Change Order #2 to the construction service contract with Astra Group, LLC for additional unforeseen sub-surface conditions for Trail Creek Crossing (TSPLOST 2018 Project 06 Sub-Project #4) in the amount of $301,168 and a contract time extension of 59 days as per agenda report dated February 21, 2022; and authorize the Mayor and appropriate staff to execute all related documents. 8. APPROVE: Change Order #1 to the construction contract with Astra Group, LLC for unforeseen sub-surface conditions for Oconee Hill Cemetery Greenway Section (TSPLOST 2018 Project 05, Sub-Project #2) in the amount of $250,000.00 as per agenda report dated February 18, 2022; and, authorize the Mayor and appropriate staff to execute all related documents. 9. APPROVE: FY22-FY23 Transportation Agreement between the Unified Government of Athens- Clarke County (ACCGov) Transit and the University of Georgia (UGA) as per Attachment #1 of agenda report revised March 30, 2022; and authorize the Mayor and appropriate staff to execute all related documents. 10. APPROVE: An exception to Policy/Procedure Statement WS-011: Water and/or Sanitary Sewer Services, to allow public sewer service to be provided to 550 Greencrest Drive, Athens, Georgia; subject to the property owners’ payment of the appropriate fees as identified under Facts and Issues No. 6 for the property as per agenda report dated February 22, 2022. Old and new business – Discussion Citizen input There was no input. A motion was made by Commissioner Myers, seconded by Commissioner Link, to adopt the following resolution as per Attachment #1 of agenda report revised March 30, 2022 to authorize the acquisition of rights-of-way by eminent domain, as necessary; and authorize the Mayor and appropriate staff to execute all related documents reference to Firefly Trail Sub-Project #3 of the Rails to Trails Network Program. The motion passed by roll call vote with Commissioners Parker, Link, Wright, Denson, Houle, Edwards, Myers, Thornton, and Hamby voting YES; and Commissioner Davenport voting NO. (9 YES; 1 NO)  RESOLUTION BE IT RESOLVED BY THE MAYOR AND COMMISSION OF ATHENS-CLARKE COUNTY: WHEREAS, on July 5, 2016, at a regularly scheduled meeting, Mayor and Commission of the Unified Government of Athens-Clarke County (“Mayor and Commission”) voted and approved the project concept for Firefly Trail Sub-Project #3 of the Rails to Trails Network Program (the “Rails to Trails Project”) and, with respect to Sub-Project #3, directed staff of the Unified Government to begin necessary right-of-way acquisition, all pursuant to an agenda report with attachment presented to the Mayor and Commission at such meeting, such agenda report and the minutes of such meeting being incorporated herein by reference; and WHEREAS, on October 6, 2020, at a regularly scheduled meeting, the Mayor and Commission voted and approved Firefly Trail Sub-Project #3 Preliminary Plans and location, with respect to Firefly Trail Sub- Project #3, directed staff of the Unified Government to begin necessary right-of-way acquisition, all pursuant to an agenda report with attachments presented to the Mayor and Commission at such meeting, such agenda report and the minutes of such meeting being incorporated herein by reference; and WHEREAS, the improvements to be constructed in accordance with Firefly Trail Sub-Project #3 as described hereinabove are for transportation purposes and are intended to be used for enjoyment by the public and for the passage of vehicles, excluding motorized vehicles with certain exceptions; and WHEREAS, the Mayor and Commission of Athens-Clarke County, Georgia have specifically determined and found that it is in the public interest and for a public purpose to construct Firefly Trail Sub-Project #3 (the “Rails-to-Trails Sub-Project”) as described hereinabove; and WHEREAS, the Unified Government shall engage in negotiations with all of the property owners hose property or interests therein is needed for construction of the Rails-to-Trails Sub-Projects and desires to acquire such rights-of-way and easements through voluntary conveyance from such owners where reasonably possible; and WHEREAS, construction of the Rails-to-Trails Sub-Project cannot proceed without the necessary rights-of-way and easements from all property owners, and WHEREAS, the Mayor and Commission further find that the acquisition of the necessary rights-of- way and easements is an integral component of the Firefly Trail/Rails-to-Trails Sub-Project and such acquisition is necessary and appropriate to meet the needs of the citizens of Athens-Clarke County and that the use of eminent domain to acquire the necessary rights-of-way and easements is required for the completion of the Firefly Trail/Rails-to-Trails Sub-Project; and WHEREAS, Article 9, Section 2, Paragraph 5 of the Georgia Constitution authorizes local governments to exercise the power of eminent domain for any public purpose; and WHEREAS, pursuant to Section 23-2-140 of the Official Code of Georgia, the Unified Government is authorized to acquire land, in fee simple, or in any lesser interest, under the procedures set forth in Article 1 of Chapter 3 of Title 32 of the Official Code of Georgia; and WHEREAS, the Mayor and Commission have determined that in order to accomplish the public purpose of the Firefly Trail/Rails-to-Trails Sub-Project it is necessary to exercise the right of eminent domain to acquire such rights-of- way and easements; and WHEREAS, all questions of necessity, public purpose and public convenience with respect to the acquisition and construction of the Firefly Trial/Rails-to-Trails Sub-Project and the necessity of acquiring through eminent domain the rights-of-ways, permanent and temporary construction easements hereinabove described are hereby determined and established by the Mayor and Commission of Athens- Clarke County; and WHEREAS, the necessary rights-of-ways, permanent and temporary construction easements are more specifically shown on plat entitled “Easement Plat for Athens-Clarke County Firefly Trail Phase 3” consisting of 7 sheets (specifically sheet number 60-001 to 60-007), dated June 30, 2021, made by John Mark Dunlap, Georgia registered land surveyor, as may be amended from time to time for corrections and technical adjustments, attached hereto as Exhibit A; and for the purposes of this Resolution limited from centerline station number 0+00 to centerline station number 56+50; and being collectively referred to hereafter as the “Right-of-Way Plans”; and NOW, THEREFORE, BE IT HEREBY RESOLVED that condemnation of the above-described rights-of-ways and easements for the public purpose stated hereinabove as shown on the Right-of-Way Plans is hereby approved and authorized and that the acquisition procedure shall proceed under Title 32 of the Official Code of Georgia, as the Firefly Trail/ Rails-to-Trails Sub-Project’s schedule of completion requires acquisition of such rights-of-ways and easements quickly and without delay. Time is of the essence. IT IS FURTHER RESOLVED that the Right-of-Way Plans be kept on file at the Unified Government of Athens-Clarke County, SPLOST Program Management Office, and that any interested party may obtain a copy of same by writing to the Unified Government of Athens-Clarke County, SPLOST Program Management Office at 300 College Avenue, Athens, Georgia, 30601, and paying a nominal cost therefor. IT IS FURTHER RESOLVED that the Unified Government of Athens-Clarke County and its employees and agents may negotiate for and acquire the property needed for this project by gift, sale, or condemnation, and that the County Attorney and other proper agents or attorneys of the County, including but not limited to Special Counsel Gregory C. Sowell, Attorney at Law, is hereby directed to prepare the necessary deeds, easements, closing documents, petitions, and/or declarations of taking, and/or orders and any other documents required to effectuate the foregoing. IT IS FURTHER RESOLVED that the Mayor of the Unified Government of Athens-Clarke County, the Manager, the County Attorney, Special Counsel, and other agents as aforesaid, are authorized to sign any of the documents referenced in the preceding paragraph on behalf of the governing authority of the Unified Government of Athens-Clarke County, Georgia to complete the acquisition of the property required for the Firefly Trail/Rails-to-Trails Sub-Project.2. A motion was made by Commissioner Link, seconded by Commissioner Parker, to a) Approve the shared use of the existing parking lot for the Streets and Drainage (S&D) Division of the Transportation and Public Works (T&PW) Department, for weekend and evening parking for Firefly Trail users as per agenda report dated February 16, 2022; b) Approve the installation of a mid-block crosswalk, with rectangular rapid flashing beacons (RRFB), as generally shown on Attachment #1; and, c) Approve the allocation and use of TSPLOST 2018 Project 06, Firefly Trail Project funds to implement necessary improvements generally shown on Attachment #1. The motion passed by unanimous vote. A motion was made by Commissioner Parker, seconded by Commissioner Myers, to a) Approve designation of McMillan Pazdan Smith as the highest scoring firm for professional design and construction administration services for the SPLOST 2020 Project 25 - East Side Library Project as per agenda report revised March 17, 2022; b) Authorize staff to negotiate a final scope of services and fees with McMillan Pazdan Smith for a not-to-exceed contract amount of $750,000; c) Approve the Athens Cultural Affairs Commission recommendation that the project is appropriate for public art with a designated budget of $61,000; and d) Authorize the Mayor and appropriate staff to execute all related documents. The motion passed by unanimous vote. A motion was made by Commissioner Thornton, seconded by Commissioner Davenport, as per agenda report dated February 23, 2022, to a) Authorize an appropriation in the amount of $910,000 for the replacement of the sewer main at SR10 North Loop (GDOT Bridge Replacement Project); b) Authorize an expenditure in the amount of $771,238 from the Water & Sewer Enterprise Fund to replace an existing sewer main; c) Approve the standard utility/contract item agreement (Attachment #1), relative to the replacement of the sewer main; d) Award a project management/resident inspection task order to the Public Utilities Department’s on-call consultant, Hazen and Sawyer, for the provision of professional services during construction in the amount of $138,600; and e) Authorize the Mayor and appropriate staff to execute all related documents; and f) Adopt the following resolution.  The motion passed by unanimous vote. RESOLUTION BE IT RESOLVED by the Mayor and Board of Commissioners of the Unified Government of Athens-Clarke County and It is hereby resolved that the forgoing attached agreement relative to project N/A, P.I. No, 0013715 to replace the existing Eastbound and Westbound bridges on State Route 10 Loop-over the Middle Oconee River in Clarke County and that Kelly Girtz as Mayor and Jean Spratlin, as clerk, be and they are, thereby authorized and directed to execute the same for and in behalf of said Mayor and Board of Commissioners of the Unified Government of Athens-Clarke County. A motion was made by Commissioner Parker, seconded by Commissioner Thornton, to a) Declare the former Cooperative Extension property, located at 2152 West Broad Street, as surplus b) Authorize staff to market the property for sale for non-governmental use and return the highest viable bid to Mayor and Commission for consideration; and, c) Authorize the Mayor and staff to execute all documents necessary to obtain bids for the property. The motion passed by unanimous vote. The North Downtown Athens payment in lieu of taxes (PILOT) .agreement with the Athens Housing Authority SPLOST 2020 Project was HELD. A motion was made by Commissioner Wright, seconded by Commissioner Denson, to a) Adopt the following resolution authorizing the submittal of a grant application, in the amount of $5,000,000 to the Georgia Department of Transportation (GDOT) for FY23 Bus and Bus Facilities Capital Program Grant (Title 49 U.S.C. Section 5339) Funding assistance as per agenda report dated March 17, 2022; b) Authorize the acceptance of the grant at the currently projected level or alternative level, if awarded; c) Adopt the following ordinance (/#22-04-31) which was presented by title only; and d) Authorize the Mayor and appropriate staff to execute the resulting contract between the Unified Government of Athens-Clarke County 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 the Unified Government of Athens -Clarke County hereinafter referred to as the “Applicant”, 1. That the Designated Official Kell y G irtz, is authorized to execute and file an application on behalf of Unified Government of Athens-Clarke County 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 s e t forth and e x e c u t e 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. AN ORDINANCE TO AMEND THE OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE GRANT FUNDING, IF AWARDED, FROM THE GEORGIA DEPARTMENT OF TRANSPORTATION (GDOT) AND THE FEDERAL TRANSIT ADMINISTRATION’S (FTA) FY23 BUS AND BUS FACILITIES CAPITAL PROGRAM GRANT FOR A TRANSIT OPERATIONS FACILITY; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The Commission of Athens-Clarke County, Georgia desires to amend the Grants Special Revenue Fund to provide grant funding, if awarded, from the Georgia department of transportation (GDOT) and the federal transit administration’s (FTA) “FY23 Bus and Bus Facilities Capital Program Grant” for a transit operations facility. Said Operating budget is hereby amended as follows: Grants Special Revenue Fund: REVENUES: Increase: FTA Bus & Bus Facilities Grant up to $4,000,000 GDOT Bus & Bus Facilities Grant up to $1,000,000 Total up to $5,000,000 EXPENDITURES: Increase: Transit Department: Transit Operations-Maintenance Facility up to $5,000,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. New Business - Consider under suspension of Rules A motion was made by Commissioner Houle, seconded by Commissioner Parker, to suspend Rules of Commission for consideration of items of new business. The motion passed by unanimous vote. A motion was made by Commissioner Wright, seconded by Commissioner Link, to a) Ratify the award of purchase contract under emergency authorization for the Reconditioned Bollegraaf Baler and Main Feed Conveyor Belt and Assembly for the Recovered Material Processing Facility (RMPF) to Van Dyke Recycling Solutions for an itemized cost not to exceed $863,074.00 as per agenda report dated March 21, 2022; b) Approve financing through the Georgia Municipal Association (GMA) Equipment Lease Program for the purchase of the equipment; c) Adopt the following ordinance (#22-04-32) which was presented by title only; and d) Declare as surplus and authorize the sale of the American Baler; and e) Authorize the Mayor and appropriate staff to execute all documents related to the purchase. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE FY2022 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE FUNDING FOR THE SOLID WASTE DEPARTMENT FOR THE PURCHASE OF A BALER AND BELT REPLACEMENT; 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 FY2022 Landfill Enterprise Fund Budget for the purpose of a purchase of a Baler and Belt Replacement. Said Operating and Capital budget is hereby amended as follows: Landfill Enterprise Fund: Expenditures: Increase: Solid Waste Landfill - Capital $863,074 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A motion was made by Commissioner Parker, seconded by Commissioner Myers, to adopt the following resolution. The motion passed by unanimous vote. RESOLUTION AUTHORIZING SETTLEMENT AGREEMENT WHEREAS, on or about April 28, 2021 Caterpillar Inc. (“Caterpillar”) filed amended tax returns for taxes assessed and collected in 2018, 2019 and 2020, alleging erroneous overpayment of taxes because they included assets accounted for under their bond accounts, instead of including only non-bond assets and non-exempt assets; WHEREAS, the Unified Government of Athens-Clarke County (“ACCGov”), through the Tax Assessor’s office, hired Tax Management Associates to conduct an independent audit of Caterpillar to determine the amount of overpaid taxes for years 2018, 2019 and 2020; and WHEREAS, on October 22, 2021 Tax Management Associates completed their independent audit and determined that Caterpillar overpaid taxes for years 2018, 2019 and 2020; and WHEREAS, the Caterpillar and ACCGov have negotiated a settlement agreement, the terms of which are described in further detail below; and WHEREAS, it is the intention and understanding of the Commission that adoption and approval of the settlement terms below shall fully and completely resolve any claims or causes of action, whether asserted or not, arising from or out of the events described in the amended tax returns filed by Caterpillar on or about April 28, 2021; NOW, THEREFORE, the Commission hereby resolves as follows: SECTION 1. Athens-Clarke County shall refund to Caterpillar the sum of four-hundred sixty-two thousand one- hundred twenty-two dollars and twenty-two cents ($462,122.22) as full settlement of the tax refund claim for years 2018, 2019 and 2020. SECTION 2. As part of this resolution, Caterpillar must agree that the monetary relief described above affords complete and total relief for the claims asserted in the amended tax returns filed with the Athens-Clarke County Tax Assessor’s office for tax years 2018, 2019 and 2020. A motion was made by Commissioner Link, 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 HUBERT DOTSON; AND FOR OTHER LAWFUL PURPOSES. WHEREAS, on or about October 27, 2021, Hubert Dotson’s attorney filed a Notice of Claim against the Unified Government of Athens-Clarke County, Georgia, and the Athens-Clarke County Police Department, (collectively referred to as “A-CC”), alleging that Hubert Dotson, (“Dotson”), was falsely arrested and jailed on two (2) criminal arrest warrants obtained by ACCGov Police Department Officer Tyler O’Conner, (“Dotson’s Claims”), and seeking a settlement in the amount of $85,000; and WHEREAS, A-CC and Dotson desire to voluntarily resolve Dotson’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 Dotson’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 Eighty Five Thousand and 00/100 Dollars ($85,000.00) to Dotson in settlement of Dotson’s Claims. SECTION 2. The Attorney for A-CC and the outside counsel retained for purposes of defending A-CC against Dotson’s 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 Dotson’s 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. he 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.  A motion was made by Commissioner Myers, seconded by Commissioner Thornton, with reference to the Northeast Georgia Food Bank CDBG-CV project, as per agenda report dated March 15, 2022, to a) Approve the Language Access Plan (Attachment #1) in association with the CDBG-CV grant program to satisfy Special Condition #1 (Attachment #2) with the grant award; b) Approve the Continued Use of Facilities Statement to satisfy Special Condition #2 with the grant award (Attachment #3); c) Approve the amendment to the Memorandum of Understanding with the Food Bank of Northeast Georgia (Attachment #4); and d) Authorize the Mayor and appropriate staff to execute all related documents. The motion passed by unanimous vote. A motion was made by Commissioner Link, seconded by Commissioner Houle, to adopt the following ordinance (#22-04-33) which was presented by title only. The motion passed by unanimous vote. AN ORDINANCE FOR THE TWENTY-EIGHTH DECLARATION OF A LOCAL STATE OF EMERGENCY RELATED TO COVID-19; AND FOR OTHER PURPOSES. WHEREAS, like much of the world the United States, the State of Georgia, and the Unified Government of Athens- Clarke County, Georgia, (“ACCGov”) are currently responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2” and the disease it causes named “coronavirus disease 2019” (abbreviated “COVID-19”); 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, 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 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, February 2, 2021, March 2, 2021, April 6, 2021, May 4, 2021, June 1, 2021, June 15, 2021, July 20, 2021, August 3, 2021, September 7, 2021, October 5, 2021, November 2, 2021, December 7, 2021, January 4, 2022, February 1, 2022, and again on March 1, 2022; and WHEREAS, the COVID-19 Delta and Omicron variants have created a new surge in cases in Georgia and Athens-Clarke County, with the new Omicron BA.2 variant on the rise globally; and WHEREAS, the CDC indicates that a person’s risk of exposure to COVID-19 infection is directly related to the risk of exposure to infectious persons, which is largely determined by the extent of COVID-19 circulation in the surrounding community; and WHEREAS, CDC recommends using new COVID-19 cases per 100,000 persons in the last seven (7) days as one of its metrics for assessing the level of community transmission; and WHEREAS, as of Tuesday, March 29, 2022, the CDC reports that the prevalence of confirmed cases in Athens-Clarke County of COVID-19 is 13.25 cases per 100,000 persons in the past seven (7) days; WHEREAS, based upon this metric, Athens-Clarke County is currently experiencing a “low” level of community transmission; and WHEREAS, according to the Georgia Department of Public Health COVID-19 update on Monday, March 28, 2022, (the “GDPH Update”) Georgia now has 1,925,754 confirmed cases of COVID-19, including 26,117 confirmed cases in Athens- Clarke County; and WHEREAS, according to the GDPH Update, 30,965 individuals in Georgia have died and 110,276 have been hospitalized after contracting COVID-19; and WHEREAS, Georgia has recently experienced a significant surge in COVID-19 cases due primarily to the Omicron variant, having recorded on January 7, 2022 its highest single-day total of new COVID-19 cases since the pandemic began; and WHEREAS, the White House released a statement on March 3, 2022, indicating that (1) COVID-19 “continues to pose a risk to the American people and our health care system,” (2) that we must “be prepared for possible future variants,” and (3) that terminating the national emergency at this time would “unnecessarily and abruptly curtail the ability… to respond to the COVID-19 pandemic;” WHEREAS, the Center for Disease Control (“CDC”) has issued guidance on the emerging and rapidly evolving situation of the COVID-19 pandemic, including how to protect oneself from this illness; and WHEREAS, social distancing is recommended by the CDC to prevent the continued spreading of this illness in the community; and WHEREAS, the CDC also advises that the use of masks or cloth face coverings will slow the spread of COVID-19; and WHEREAS, on April 2, 2020, Governor Kemp signed an Executive Order to Ensure a Safe and Healthy Georgia (Governor’s Executive Order 04.02.20.01) to address the COVID-19 pandemic by implementing temporary actions necessary and appropriate to protect the health, safety, and welfare of Georgia’s residents and visitors; and WHEREAS, subsequently, Governor Kemp issued a series of Executive Orders which amended and revised the temporary action necessary and appropriate to protect the health, safety, and welfare of Georgia’s residents and visitors, the last such Executive Order expiring on July 1, 2021; and WHEREAS, nevertheless, because of the continuing negative impacts of the COVID-19 pandemic on the State’s economy, supply chain, and healthcare infrastructure, on June 30, 2021, Governor Kemp issued an Executive Order declaring there to be a State of Emergency in the State of Georgia and ordering that all resources of the State of Georgia shall be made available to assist in activities designed to address this emergency and aid recovery and response efforts and subsequently renewed that declaration on July 22, 2021, August 19, 2021, September 20, 2021, October 21, 2021, November 19, 2021, December 17, 2021, January 18, 2022, February 18, 2022, and March 21, 2022; and WHEREAS, on February 18, 2022, Joseph Biden, President of the United States, issued notice stating that the national emergency declared on March 13, 2020 (and later extended on both February 24, 2021 and February 18, 2022) concerning the COVID-19 pandemic is to continue in effect beyond March 1, 2022; and WHEREAS, on July 19, 2021, Xavier Becerra, Secretary of the United States Department of Health and Human Services, renewed his determination (and that of former Secretary Alex M. Azar II) that a public health emergency exists and has existed since January 27, 2020, such prior renewals having been executed upon April 21, 2020, July 23, 2020, October 2, 2020, January 7, 2021, April 15, 2021, July 19, 2021, October 15, 2021, January 14, 2022; and WHEREAS, pursuant to the authority of O.C.G.A. § 38-3-28, local governments are specifically empowered to enact such orders, rules, and regulations as may be necessary for emergency management purposes and to supplement the carrying out of Articles 1 through 3 of the Emergency Management chapter of the Official Code of Georgia, but such orders, rules, and regulations shall not be inconsistent with any orders, rules, and regulations promulgated by the Governor or by any state agency exercising a power delegated to it by him; and WHEREAS, this emergency order is authorized by O.C.G.A. §§ 38-3-4 and 38-3-28, which authorize the Mayor and Commission to use emergency 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, on July 27, 2021, the CDC issued new guidance pursuant to which it recommends that to maximize protection from the Delta SARS-CoV-2 variant and to prevent possibly spreading it to others, persons, including those who are fully vaccinated, should wear a mask indoors in public if they are in an area of substantial or high transmission; and WHEREAS, the CDC issued guidance (most recently updated on February 25, 2022) continuing to recommend mask wearing in public indoor spaces regardless of vaccination status in areas with a high community level (and in a medium community level when around those who are at high risk for severe disease) to maximize protection from COVID-19; and WHEREAS, requiring the use of masks is a targeted response that can combat the threat to public health using the least restrictive means, and if people follow this requirement, more extreme measures may be avoided; and WHEREAS, pursuant to Section 1-104 (d) of the Charter of the Unified Government of Athens-Clarke County, Georgia, the Mayor and Commission have the right, duty, power, privilege and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security and general welfare of said government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully enumerated herein and to do and perform all of the acts pertaining to its property, affairs and local government which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions; and WHEREAS, pursuant to Sub-Sections (36) and (39) of Section 8-114 of the Charter of the Unified Government of Athens-Clarke County, Georgia, the Mayor and Commission have the following additional powers: (17) Health: To prescribe and enforce heath and sanitation standards; and (36) Emergencies: To provide for the determination, proclamation and combatting of emergencies; and (39) General health, safety, and welfare: To define, regulate and prohibit any act, practice, conduct or use which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the unified government; and 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, pursuant to this declaration, the Mayor and Commission of Athens-Clarke County, Georgia have determined that it is necessary to continue the previous provisions of its Twenty-Seventh Declaration and to additionally provide that persons within the jurisdiction of the Unified Government of Athens-Clarke County, Georgia, shall wear a mask over the nose and mouth indoors in public as described herein; and WHEREAS, the following actions related to outdoor restaurant seating areas, outdoor retail areas, and the indoor mask mandate 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 residents of Athens-Clarke County and the surrounding communities, particularly those individuals who are members of Vulnerable Populations or 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. Outdoor Restaurant Seating Areas 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 approved outdoor seating area within 100 feet of the outer wall of licensed premises or who are transporting alcoholic beverages across public streets, sidewalks or rights-of-way for the purpose of serving or consuming said beverages in an approved outdoor seating area as described herein. SECTION 2. Outdoor Retail Areas 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 3. Indoor Mask Mandate (a) The provisions of Section 3 of this Ordinance shall only be enforced when the prevalence in Athens-Clarke County of confirmed cases of COVID-19 over the previous seven (7) days is equal to or greater than one hundred (100) cases per one hundred thousand (100,000) people according to the Centers for Disease Control, or when the Georgia Department of Public Health reports a vaccination rate of more than 80% of the Athens-Clarke County population. (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 when indoors. (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 (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 3 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 3 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 3. (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 4. The Mayor and Commission adopt and make the findings discussed in the “Whereas” paragraphs the factual findings of the Mayor and Commission. SECTION 5. 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 Wednesday, May 4, 2022, or until it otherwise extended, rescinded, superseded, or amended by an ordinance of the Commission. SECTION 6. 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 7. The Clerk of Commission, in consultation with the County Attorney, shall have the power to correct scrivener’s errors. SECTION 8. Copies of this Ordinance shall be: (1) promptly posted at Athens-Clarke County City Hall, 301 College Avenue, Athens, Georgia; (2) promptly posted on the www.accgov.com website; and (3) provided to any member of the public requesting a copy of this Order. A motion was made by Commissioner Denson, seconded by Commissioner Parker, to approve the following appointments to the Human Relations Commission. The motion passed by unanimous vote. Two-year term expiring 04-30-2024 Myung Cogan Tucker Duval Danielle Gillmer Ke'Marcis Howard Sharon McDaniel-Miller Daniel Moore Kathleen Westbrook Four-year term expiring 04-30-2026 Jayivey Brown Tameka Curry Tami Frye Cameron Harrelson Alejandra Villegas Lopez Callie (Anna) Moore Julita Sanders Brandon Baker A motion was made by Commissioner Thornton, seconded by Commissioner Parker, to adopt the following resolution. The motion passed by unanimous vote. A RESOLUTION OF THE COMMISSION OF ATHENS-CLARKE COUNTY, GEORGIA TO APPROVE AND DESIGNATE MAYOR KELLY GIRTZ, DISTRICT 6 COMMISSIONER JESSE HOULE, AND DISTRICT 10 COMMISSIONER MIKE HAMBY TO SERVE AS THE COUNTY’S MEMBERS ON THE ATHENS-CLARKE COUNTY MALL AREA REDEVELOPMENT COMMITTEE; AND FOR OTHER LAWFUL PURPOSES. WHEREAS, on September 27, 2021, the Unified Government of Athens-Clarke County, Georgia (the “County”) and the Clarke County School District (the “School District”) entered into an Intergovernmental Agreement (“IGA”) requiring that the expenditure or pledge by the County of any money contained in the Special Fund for the Mall Area TAD shall be subject to the review and approval of a joint committee of the County and the School District designated as the “Athens-Clarke County Mall Area Redevelopment Committee” (the “Redevelopment Committee”); and WHEREAS, Section 3.4 of the IGA requires that the Mayor and Commission shall designate three persons from its membership to serve on the Redevelopment Committee; and WHEREAS, Section 3.4 of the IGA requires that the Board of Education shall designate two persons from its membership to serve at the pleasure of the Board of Education; and NOW, THEREFORE, BE IT RESOLVED by the Commission, and it is hereby so resolved by the authority of the same that the Commission does hereby approve and designate Mayor Kelly Girtz, District 6 Commissioner Jesse Houle, and District 10 Commissioner Mike Hamby to serve as the County’s members on the Redevelopment Committee. BE IT FURTHER RESOLVED 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.  BE IT FURTHER RESOLVED that 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. BE IT FURTHER RESOLVED the Commission grants the Mayor the authority to take any and all further actions necessary to carry out the intents and purposes of this Resolution. BE IT FURTHER RESOLVED this Resolution shall become effective immediately upon its approval by the Mayor or upon its adoption into law without such approval. Public hearing and deliberation on recommendations from the Athens-Clarke County Planning Commission. A public hearing was held on proposed text amendment on voluntary Inclusionary zoning and related fees. Planning Commission recommendation: Approval (unanimous) Citizen input There was no citizen input. A motion was made by Commissioner Houle, seconded by Commissioner Denson, to adopt the following ordinance #22-04-34) 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 VOLUNTARY INCLUSIONARY ZONING; AND FOR OTHER PURPOSES. WHEREAS, the Unified Government of Athens-Clarke County, Georgia, is charged with providing for the general health, welfare, and safety of its residents; and WHEREAS, the 2018 Athens-Clarke County Comprehensive Plan has a goal to increase the availability of well-designed, affordable, safe, and sanitary housing for all residents of Athens-Clarke County, Georgia, in order to meet the needs of the community, particularly as it relates to supporting families and a diverse workforce, with an emphasis on the implementation of inclusionary zoning techniques; and WHEREAS, the February 2019 Proposal to Improve Housing Affordability in Athens, Georgia presented by the Georgia Initiative for Community Housing, Athens Team, and accepted by the Mayor and Commission of the Unified Government of Athens-Clarke County, Georgia, identified the need to incentivize inclusionary development as the second of five key strategies to address the affordable housing shortage in Athens-Clarke County; and WHEREAS, based upon the review and consideration of reports and analyses of the housing supply in Athens-Clarke County, Georgia, the Mayor and Commission recognize that land is a finite resource to accommodate residential growth, that the diversity of its housing stock has declined for many reasons including increasing property values and construction costs, and that there has been a substantial decrease in affordable housing development within Athens-Clarke County; and WHEREAS, the Mayor and Commission believe that housing is an essential human right and recognize that affordable housing benefits a diverse group of individuals, seniors, and families, who may be housing stressed and whose incomes do not allow them to easily find housing within our community and whose incomes are at or below 80% of Area Median Income (AMI); and WHEREAS, the Mayor and Commission recognize that without intervention, the trend toward rising household costs will result in an increasingly inadequate supply of affordable housing for Athens - Clarke County residents and local employees, which will have a negative impact upon the ability of local employers to maintain an adequate local work force; and WHEREAS, since the remaining land appropriate for new residential development within Athens - Clarke County is limited, it is essential that a reasonable proportion of such land use be development with dwelling units affordable to low- and moderate-income households; and  WHEREAS, the Mayor and Commission recognize that displacement or elimination of affordable housing within Athens-Clarke County would cause multiple harms to the community, including but not limited to, increases in travel time and distances for persons who provide services or are employed in Athens-Clarke County, but unable to afford housing here, which in turn increases traffic congestion, reduces air and water quality, and has an adverse impact on public health; an imbalance in population diversity; and inconsistency with the vision for future development and the specific policies of the 2018 Athens-Clarke County Comprehensive Plan; and WHEREAS, the Mayor and Commission wish to approve proposed amendments to Article II Title 9 of the Code of Ordinances of Athens-Clarke County in order to increase the stock of high-quality, affordable housing located in neighborhoods throughout Athens-Clarke County for households of a variety of income levels, ages and sizes in order to meet the Unified Government’s goal of preserving and promoting a culturally and economically diverse population within Athens-Clarke County; and WHEREAS, the proposed amendments will further the goals of the 2019 Proposal to Improve Housing Affordability in Athens, Georgia, and the 2018 Athens-Clarke County Comprehensive Plan to make Athens-Clarke County a more welcoming, diverse, and inclusive place to live; and WHEREAS, said amendments will promote the health, sanitation, cleanliness, safety, morals, good order, security, prosperity and the general welfare of present and future inhabitants of Athens-Clarke County; and WHEREAS, required public hearings were held by the Planning Commission of Athens-Clarke County and the Mayor and Commission for the proposed changes to the text of the Athens-Clarke County Zoning and Development Standards Ordinances, all in compliance with the Zoning Procedures Law as well as the applicable provisions of the Zoning and Development Standards Ordinances. NOW, THEREFORE, The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Chapter 9-27, previously marked “Currently reserved,” of the Code of Athens-Clarke County, Georgia, is hereby deleted in its entirety with the following new chapter inserted in lieu thereof: “CHAPTER 9-27 INCLUSIONARY ZONING – RENTALS Sec. 9-27-1. – Purpose and Intent. a. This chapter of the Zoning and Development Standards Ordinance is intended to provide that multi- family residential projects in Athens-Clarke County are: 1. Incentivized to contain a defined percentage of housing affordable to low-income and moderate- income households; and 2. Encouraged to implement housing for residents of mixed income levels consistent with the goals of the 2018 Athens-Clarke County Comprehensive Plan and the 2019 Proposal to Improve Housing Affordability in Athens, Georgia presented by the Georgia Initiative for Community Housing, Athens Team. b. This chapter seeks to: 1. Provide for a range of housing choices, conveniently located in a suitable living environment, for all incomes, ages and family sizes; 2. Provide housing to meet the existing and anticipated future needs of low to moderate income households; 3. Encourage the construction of affordable housing by allowing increases in density to offset land and development costs; 4. Ensure that developers incur no loss or penalty and have reasonable prospects of realizing a profit on affordable housing units by virtue of the density bonus and other incentive provisions herein. Sec. 9-27-2. – Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter: Affordable means rented at an affordable rent or sold at an affordable housing price. Affordable housing price means a sales price, at which low to moderate income households, as provided in this chapter, can qualify for the purchase of for-sale inclusionary units, based on designated income standards. For purposes of this calculation, housing expenses shall include: 1. Mortgage principal and interest; 2. Taxes; 3. Insurance; and 4. Assessments. Affordable rent means: 1. For a unit whose occupancy is restricted to a low-income household, that the monthly rent does not exceed 1/12 of 30 percent of 80 percent of the area median income (AMI), adjusted for family size, as published and annually updated by the United States Department of Housing and Urban Development that is applicable to Athens-Clarke County; and 2. For a unit whose occupancy is restricted to a very-low-income household that the monthly rent consists of a maximum of 1/12 of 30 percent of 60 percent of the area median income, adjusted for family size, as published and annually updated by the United States Department of Housing and Urban Development that is applicable to Athens-Clarke County. 3. In each case, the area median income applicable to Athens-Clarke County shall be determined annually by the United States Department of Housing and Urban Development, adjusted for household size, less a reasonable allowance for utilities and in compliance with the low-income housing tax credit program administered by the Georgia Department of Community Affairs. Athens-Clarke County: The Unified Government of Athens-Clarke County. Density bonus means a density increase over the otherwise maximum residential density as permitted by the Athens-Clarke County zoning ordinance and the comprehensive land use plan at the time of application. Developer means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities that seeks Athens-Clarke County's approval for all or part of a development project. The term "developer" includes the term "owner." Development agreement means an agreement entered into between Athens-Clarke County and a developer. Household income means the combined adjusted gross income for all adult persons residing in a living unit. Household, low-income, means a household whose annual income does not exceed 80 percent of the area median income, adjusted for family size, as published and annually updated by the United States Department of Housing and Urban Development. Household, moderate-income, means a household whose annual income does not exceed 120 percent of the area median income, adjusted for family size, as published and annually updated by the United States Department of Housing and Urban Development. Household, very-low-income, means a household whose income does not exceed 60 percent of the area median income, adjusted for family size, as published and annually updated by the United States Department of Housing and Urban Development. Housing fund means the fund created by Athens-Clarke County for the purposes of utilizing payments in lieu authorized by this chapter for the development of affordable housing within Athens-Clarke County. Inclusionary housing agreement or agreement means the agreement between a developer and Athens-Clarke County setting forth the manner in which the inclusionary housing component will be met in the development project. Inclusionary housing component means the provision of the inclusionary housing units in a development project. Inclusionary housing development means a development in which the developer has voluntarily agreed to comply with the inclusionary zoning requirements of this chapter in exchange for certain inclusionary incentives. Inclusionary housing plan means a plan required at the time of Plan Review for a land disturbance permit or building permit that provides the details of proposed inclusionary units. Inclusionary housing unit or inclusionary unit means an ownership or rental dwelling unit developed as a part of the inclusionary housing component of a development project as provided in this chapter. Inclusionary incentives means the planning and building standards waivers or reductions, and regulatory incentives or concessions provided by Athens-Clarke County to a development project to assist in the provision of the inclusionary housing component. Income, area median, means the annual median family income of a geographic area of the state, as annually estimated by the United States Department of Housing and Urban Development pursuant to section 8 of the Housing Act of 1937.  Land Use Restriction Agreement means legal restrictions by which the rents for rental inclusionary units will be controlled to ensure that rents remain affordable for a period of twenty (20) years or longer if determined to be legally permissible. Market rate means rates not restricted to an affordable housing price or affordable rent. Off-site unit means an inclusionary unit that is built separately or at a different location than the main development. On-site unit means an inclusionary unit that will be built as a part of the main development. Owner includes the person, partnership, joint venture, association, corporation, or public or private entity having proprietary interest in real property to commence, maintain, and operate a development project. Residential project means a residential development project eligible for the opportunity to provide an inclusionary housing component as specified in this chapter. Sec. 9-27-3. – Penalty. a. No inclusionary incentives shall be issued without an approved development agreement clearly identifying the voluntary affordable housing to be provided as authorized by this chapter. b. If the developer violates this chapter or an executed inclusionary housing agreement in any way, including not constructing the required affordable units, Athens-Clarke County may deny, suspend, or revoke any and all building or occupancy permits. Athens-Clarke County can also withhold any additional building permits until the affordable units are built. c. Athens-Clarke County or its designee may bring such civil and criminal enforcement actions as are provided for in the Code of Athens-Clarke County. Sec. 9-27-4. – Standards. a. Minimum eligibility requirements. Any development involving the construction, renovation, reconstruction, or change in use of multiple-family dwellings shall be eligible to apply to be considered as an inclusionary housing development, provided that one of the following minimum project sizes are applicable: 1. Any new development that creates at least five (5) multiple-family dwelling units; 2. Any renovation or reconstruction of existing multiple-family dwelling units that increases the number of dwelling units by at least five (5) dwelling units; or 3. Any change in use of all or part of an existing development of one or more buildings from a nonresidential use to a residential use that has at least five (5) dwelling units. b. Number of inclusionary units. To calculate the number of inclusionary dwelling units or lots, the total number of proposed units shall be multiplied by the associated percentage identified in Section 9-27- 5. If the product contains a fraction, it shall be rounded up to the next higher integer or the applicable percentage may be made as a payment in lieu for the fractional percentage of a unit. 1. Location of inclusionary units. The inclusionary units shall be located within the inclusionary housing development, except in accordance with the payment in lieu option as defined below in Section 9- 27-7. c. Leased or rented inclusionary units. Inclusionary dwelling units that will be leased or rented shall be: 1. Restricted to households having an income that does not exceed the designated percentage of the area median income for the family size having the same number of persons as the subject household for the Athens-Clarke County, Georgia, Metropolitan Statistical Area, as published by the U.S. Department of Housing and Urban Development as of the date of the household’s application, and whose housing and utility costs do not exceed thirty percent (30%) of the household’s annual gross income; and 2. Maintained as inclusionary dwelling units through a land use restriction agreement with Athens- Clarke County and/or its authorized designee for a period of 20 years or the longest period which is permissible under Georgia state law. d. Timing of development. The inclusionary housing plan and inclusionary housing agreement shall include a phasing plan, which provides for the timely development of the inclusionary units as the residential project is built out. The phasing plan shall provide for development of the inclusionary units concurrently with the market rate units; provided, however, that the phasing plan may be adjusted by the director of the Planning Department away from strict concurrency where necessary in order to account for the different financing and funding environments, economies of scale, and infrastructure needs applicable to development of the market rate and the inclusionary units.  e. Design, appearance, and size. Inclusionary units shall be: 1. Indistinguishable from the market rate units in infrastructure (including sewer, water and other utilities); construction quality; interior and exterior design; and all aspects of construction, design, and materials; 2. Designed to have a number of bedrooms and bathrooms with the intent of accommodating diverse family sizes by including a mix of studio, one, two, and three-bedroom units, all in substantially the same proportion as the market rate dwelling units, as applicable; 3. Interspersed among the market rate dwelling units within the development with access to the same communal areas, shared spaces, entrances, exits, elevators, and amenities, as well as the same share of parking spaces, as those that are enjoyed by and are accessible to the market rate dwelling units. Developments not meeting this criterion must be approved by the Athens Clarke County Planning Commission as a Type III action as defined in Section 9-4 of the Zoning Ordinance; 4. Designed to be indistinguishable in square footage, style, and quality with the market rate dwelling units in the development; Sec. 9-27-5. – Inclusionary incentives. a. Purpose. The goal of these inclusionary incentives is to apply available incentives to qualifying projects in a manner that, to the extent feasible, offsets the cost of providing the inclusionary housing component. b. Density Bonus. 1. Athens-Clarke County shall make available to the residential project the following applicable density bonus and incentives: % Affordable Units Required Zoning District Allowable Density Bonus OPTION A OPTION B RM-1 50% 15%* 10%** RM-2 50% 15%* 10%** RM-3 50% 15%* 10%** C-O 50% 15%* 10%** CN 50% 15%* 10%** CG 100% 20%* 15%** CD 25% 10%* 5%** *Under Option A, affordable units must be rented to qualifying low-income residents at or below 80% AMI. **Under Option B, affordable units must be rented to qualifying very-low income residents at or below 60% AMI. . 2. To calculate the density bonus for multi-family developments, the maximum number of dwelling units allowed in the applicable zoning district shall be multiplied by the applicable percentage in the chart above. If the product contains a fraction, a fraction of 0.5 or more shall be rounded up to the next higher integer, and fraction of less than 0.5 shall be rounded down to the next lower integer. c. Parking Reduction. All qualifying projects shall be allowed up to a twenty percent (20%) parking reduction if within one thousand five hundred (1,500) feet of an Athens-Clarke County Transit stop. d. Ground Floor Commercial Development Reduction. Qualifying projects within the CD zone shall be allowed up to a fifty percent (50%) reduction in required percentage of ground floor commercial development as defined in Section 9-10-2 (L1). e. All qualifying inclusionary housing developments must meet all other underlying development standards associated with the zoning district. Sec. 9-27-6. Reserved– Sec. 9-27-7. – Payment in Lieu Alternative. a. Under this option, qualifying projects in the CD (Commercial Downtown) zoning district may choose to make a payment in lieu of providing affordable units on-site. The payment in lieu amount shall be the product of: the number of affordable units required under option A above, multiplied by a per-unit figure, which shall be determined from time to time by the Mayor and Commission, based on the estimated cost of constructing the mandated units. In other zoning districts, payments in lieu are available only in lieu of any required fractional percentage of a required affordable unit, in place of rounding up to the next whole number. The per-unit payment amount set by the Mayor and Commission shall be located in its Schedule of Fees and Charges pursuant to Sec. 2-6-2. The county manager shall establish a housing fund for the receipt and management of in-lieu housing fees. Monies received into the fund shall be utilized solely for the construction or purchase and maintenance of affordable housing and for the costs of administering programs consistent with the purposes of this section. b. Payment in lieu fees must be paid prior to the issuance of a building permit for the development. For phased developments, payments may be made for each portion of the development prior to the issuance of a building permit for that phase. When payment is delayed, in the event of default, or for any other reason, the amount of the in-lieu fee payable under this section will be based upon the fee schedule in effect at the time the fee is paid, or at the time the payment was due, whichever is greater. Sec. 9-27-8. – Occupancy requirement. Any person who occupies a rental inclusionary unit shall occupy that unit as his or her principal residence. Sec. 9-27-9. – Administration of the inclusionary housing program. a. Entities. The inclusionary housing program shall be administered by the Unified Government of Athens-Clarke County’s Planning Department in conjunction with the Housing and Community Development Department. Additionally, the Unified Government may contract with an outside party at the discretion of the Mayor and Commission to provide further administration and monitoring services. b. Duties. The Planning Department shall oversee the zoning and permitting process. The director of the Housing and Community Development Department shall be responsible for determining targeted rental and ownership affordability, resident qualifications, and monitoring the program. c. Proposed inclusionary housing plan. At the time of and as part of the application for the inclusionary zoning, the developer of a development project shall present to the Planning Department a draft inclusionary housing plan, which shall contain, at a level of detail appropriate to the request, the number, unit mix, location, structure type, affordability, and phasing of inclusionary units. d. Action on inclusionary housing plan. The Housing and Community Development Department shall review the proposed inclusionary housing plan. The elements of the inclusionary housing plan shall be incorporated into the terms and conditions of the applicable project-specific approvals. e. Inclusionary housing agreement. 1. Requirement. No development agreement or project-specific approval may be issued without an executed inclusionary housing agreement executed by the owner, the developer (if not owner), and the director of the Housing and Community Development Department acting with the advice of the Planning Director. Recordation of the agreement shall be a condition of approval of any development agreement, disposition and development agreement or project-level approval. 2. Timing. The inclusionary housing agreement shall be negotiated concurrently with the processing of an application for the earlier of a development agreement or the first project-specific approval. 3. Contents. The agreement shall be consistent with the inclusionary housing plan, and shall indicate: the number of very low and low income units, the developer of the inclusionary units, the phasing and construction scheduling of the units, commitments for inclusionary incentives, including commitments for local public subsidy, and any other information required by the Housing and Community Development Department relative to the inclusionary housing component. In the case of land dedication or off-site inclusionary housing, the agreement shall also contain the information required in this subsection. 4. Information required from developer. The developer of the development project shall provide a. Plans, schematics, and details of phasing of the residential project as a whole including the inclusionary housing component; b. The name and address of the entity which will develop the inclusionary housing component, if not the developer; c. Any other information reasonably required by the Housing and Community Development Department in connection with the agreement. 5. Incorporation into project-level approvals and recordation. The developer's obligations and the inclusionary incentives in the agreement shall be incorporated into the project-specific approvals. The executed agreement shall be recorded as a covenant running with the land against the real property of the residential project and, in the case of off-site inclusionary units, against the real property on which such units are to be located. b. Administration of affordability for rental inclusionary housing. The owner of rental inclusionary units shall be responsible for certifying the income of tenants to the Housing and Community Development Department at the time of initial rental and annually thereafter. The owner of rental inclusionary units shall apply the same rental terms and conditions (except rent levels, deposits and income requirements) to tenants of inclusionary units as are applied to all other tenants, except as otherwise required to comply with government subsidy programs. Discrimination based on subsidies received by the prospective tenant is prohibited. The Housing and Community Development Department shall keep confidential the personal identifying information of the household members occupying an inclusionary unit. c. Guidelines. The director of the Housing and Community Development Department and the director of the Planning Department may jointly develop, and either of them may adopt, additional guidelines as necessary for the implementation of this chapter consistent with the terms contained herein. Sec. 9-27-10. – Administrative fees. The Mayor and Commission may by resolution establish reasonable fees and deposits for the administration of this chapter, which shall be set forth in the annual Schedule of Fees and Charges pursuant to Sec. 2-6-2. Sec. 9-27-11. – Participation. Participation in the inclusionary housing zoning program shall be entirely voluntary. Sec. 9-27-12. – Severability. The Mayor and Commission hereby declare that every section, paragraph, clause, and phrase of this chapter is severable. If, for any reason, any provision of this chapter is held to be invalid, such invalidity shall not affect the validity of the remaining provisions. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A motion was made by Commissioner Denson, seconded by Commissioner Parker, to adopt the following ordinance (#22-04-35) 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 SCHEDULE OF FEES TO BE ADOPTED ANNUALLY; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Section 2-6-2 of the Code Athens-Clarke County, Georgia, entitled “Schedule of fees to be adopted annually,” is hereby amended by adding the following: PLANNING Subject Fee/Unit Inclusionary Zoning 81 Payment in Lieu for studio, one or two $135,000.00 bedroom unit 82 Payment in lieu for three or four bedroom unit $165,000.00 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Citizen input on items other than those listed on this agenda The following citizen input was received. 1. Asha Noorullah – gave update on Athens Reproductive Justice Collective activities. FROM MAYOR GIRTZ: 1. Appointed Commissioners Davenport, Parker, and Wright to an ad hoc property committee to consider: a) continuity of use for Taylor-Grady as a house museum/event facility (with appropriate neighborhood protections) and b) Costa, for use recommendations and an application process - in consultation with the User Group for that SPLOST Project. F FROM COMMISSIONER THORNTON: 1. Stated April is Fair Housing Month and a conference will be held April 30. FROM COMMISSIONER MYERS: 1. Stated the First Step homeless encampment appears to be successful. 2. Stated the Firefly Trail project is progressing and will be an economic benefit. FROM COMMISSIONER HOULE: 1. Encouraged citizens to comment on police chief survey and apply for openings on various boards, authorities and commissions. 2. Stated Planning Commission will meet Thursday, April 7 to consider several items of neighborhood interest. 3. Stated records restriction event will take place April 23, 10:00 a.m. - 1:00 p.m. at East Side Good Will. 4. Stated early voting will begin May 2. FROM COMMISSIONER DENSON: 1. Encouraged citizens to participate in survey regarding new chief of police. 2. Complimented the Community Tree Program which has resulted in a 58.2% tree canopy cover, the highest canopy coverage percentage of any known city of over 100,000 people in the United States. 3. Stated federal benefit programs are now available to provide assistance with broadband access. 4. Announced next District 5 town hall will be April 20, 5:30 p.m., Normal Bar. FROM COMMISSIONER LINK: 1. Encouraged citizen input on proposed West Broad Street roundabout. FROM COMMISSIONER PARKER: 1. Requested bridge traversing North Oconee River between Willow Street and MLK be named in honor of Jessie Barnett. 2. Stated concern over jail conditions. FROM COMMISSIONER DAVENPORT: 1. Stated beep baseball will be at Southeast Clarke Park on April 23. 8:30 a.m. – 4:00 p.m. 2. Congratulated Hollis Terry, who was recently named Public Utilities Director, and Ryan Solchenberger, who was recently named Athens Transit Director. 3. Supported naming of North Oconee River Bridge. At 7:04 p.m., a motion was made by Commissioner Davenport, seconded by Commissioner Parker, to adjourn. The motion passed by unanimous vote. __________________________________________ Clerk of Commission