Mayor & Commission Meetings

March 5, 2024 Unified Government of Athens-Clarke County, Georgia Mayor and Commission Tuesday, March 5, 2024 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, Link, Taylor, Wright, Fisher, Houle, Culpepper, Myers, Thornton, and Hamby. No one was absent. A motion was made by Commissioner Thornton, seconded by Commissioner Myers, to approve Minutes of meetings of Tuesday, February 6; Tuesday, February 13; Tuesday, February 20; and non- voting meetings of Tuesday, February 13, and Tuesday, February 20, 2024. The motion passed by unanimous vote. Written communications There were none. 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. Public input 1. Dustin Haefele-Tschanz - inclusive facilities needs more work 2. Bennie Coleman – supported Joint Development Authority A motion was made by Commissioner Myers, seconded by Commissioner Thornton, to consent to action on the following eight items. The motion passed by unanimous vote, 1. ADOPT: Amended activation resolution (Attachment 2) of the Joint Development Authority of the Unified Government of Athens-Clarke County, Georgia and the City of Winterville, revising subsection (c) of Section 2 to create staggered JDA member terms as per agenda report dated January 29, 2024. RESOLUTION OF THE COMMISSION OF THE UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY, GEORGIA AND THE MAYOR AND COUNCIL OF THE CITY OF WINTERVILLE TO AMEND THE RESOLUTION CREATING THE “JOINT DEVELOPMENT AUTHORITY OF THE UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY, GEORGIA AND THE CITY OF WINTERVILLE” TO CREATE STAGGERED MEMBER TERMS; AND RELATED MATTERS WHEREAS, pursuant to O.C.G.A. Section 36-62-5.1(d), the resolutions creating and activating joint authorities may be amended by appropriate concurrent resolutions of the participating governing bodies; and WHEREAS, this Resolution is being presented for adoption by the Commission of the Unified Government of Athens-Clarke County, Georgia and the Mayor and Council of the City of Winterville, for the purpose of amending the Resolution creating the “Joint Development Authority of the Unified Government of Athens-Clarke County, Georgia and the City of Winterville” (the “Activating Resolution”) to create staggered member terms. NOW, THEREFORE, BE IT RESOLVED that: SECTION 1. Subsection (c) of Section 2 of the Activation Resolution is deleted in its entirety and a new Subsection (c) is adopted to read as follows: “(c) The members initially appointed by the Unified Government of Athens -Clarke County Georgia shall be appointed for a term expiring on April 30, 2024. At the expiration of the current terms of office of the four (4) members appointed by the Unified Government of Athens-Clarke County, Georgia, the  March 5, 2024 Unified Government of Athens-Clarke County, Georgia shall appoint two (2) members to serve for a term of two (2) years and two (2) members to serve for a term of four (4) years. Thereafter, their successors shall be appointed for terms of four (4) years. The members initially appointed by the City of Winterville shall be appointed for a term expiring on April 30, 2024. At the expiration of the current terms of office of the three (3) members appointed by the City of Winterville, the City of Winterville shall appoint one (1) member to serve for a term of two (2) years and two (2) members to serve for a term of four (4) years. Thereafter, their successors shall be appointed for terms of four (4) years. The foregoing notwithstanding, the term of any member appointed by any Participating Jurisdiction, who at the time of appointment was a member of the governing authority of such appointing Participating Jurisdiction, shall end when such member is no longer a member of the governing authority of such Participating Jurisdiction.” SECTION 2. A copy of this Resolution shall be filed with the Secretary of State of Georgia. SECTION 3. This Resolution may be executed by the Participating Jurisdictions in multiple counterparts, but the same shall be considered one document. SECTION 4. This Resolution shall become effective on the date of its adoption by the last of the governing bodies of the Participating Jurisdictions to adopt the same. 2. APPROVE: a) An appropriation of $646,991 for the Merlin Drive Sewer Repair Project as per agenda report dated January 30, 2024; b) Award a unit price construction contract to the apparent low bidder, Site Engineering, Inc. for $588,174; c) Authorize staff to approve project change orders that do not collectively exceed the overall appropriation of $646,991; and d) Authorize the Mayor and appropriate staff to execute all related contract documents. 3. APPROVE: Approve the lease agreement shown in Attachment #1 of agenda report dated January 23, 2024 with Smoker’s Den for continued retail use of the property located at 289 College Avenue; and authorize the Mayor and appropriate staff to execute all necessary documents. 4. APPROVE: Athens Justice & Memory project’s down payment assistance program and staff’s recommendation to award $718,400 in ARPA AJMP funding to First American Bank & Trust to implement their HOME (Helping Overcome Mortgage Encumbrance) Down Payment Assistance Program as per agenda report date January 31, 2024 that is designed to support prospective homeowners who face financial barriers. (Attachment #1); and authorize the Mayor and appropriate ACCGov staff to execute all related documents. 5. APPROVE: Acceptance of Local Road Safety Plan to provide a framework for identifying, analyzing, and prioritizing roadway safety improvements on local roads, as shown in Attachment #1 of agenda report revised February 27, 2024. 6. APPROVE: and authorize the submission of the ACCGov Transit Department’s Public Transit Agency Safety Plan (PTASP) 2024 Updates as per Attachment # 1 of agenda report dated February 5, 2024 to the Georgia Department of Transportation (GDOT) and Federal Transit  March 5, 2024 Administration (FTA) for final approval; and authorize the Mayor and appropriate staff to execute the resulting PTASP 2024 document. 7. APPROVE: Government Operations Committee report Phase 1 improvements for inclusive facilities as per report dated January 29, 2024. - Switch gendered signage for non-gendered signage at public facing existing single use restrooms where building code allows - Re-sign ADA parking spots at facilities with missing or faded signage - Re-stripe ADA parking spots at facilities with fading striping - Install ADA compliant destination signage throughout facility, including at restrooms 8. APPROVE: Revised Naming and Renaming of Public Facilities, Street Infrastructures, Parks, Natural Areas, and Amenities, Policy and Procedure Number COM-002 to include ACCGov owned bridges and roadway intersections, and as shown on Attachment #1 of agenda report dated January 30, 2024. Public hearing and deliberation on a recommendation from the Athens-Clarke County Planning Commission A public hearing was held on request of David and Ruth Darden for special use in C-O (Commercial-Office) on 0.21 acres known as 585 Prince Avenue. Proposed use is residential-single family. Type II Planning Commission recommendation: Approval (unanimous) Public input There was none. A motion was made by Commissioner Wright, seconded by Commissioner Link, to adopt the following ordinance (#24-03-19) which was presented by title only. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA, WITH RESPECT TO SPECIAL USE APPROVAL OF A SINGLE-FAMILY RESIDENCE IN THE C-O (COMMERCIAL-OFFICE) DISTRICT FOR A PARCEL OF LAND AT 585 PRINCE AVENUE COMPRISING APPROXIMATELY 0.21 ACRES; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The current C-O (Commercial-Office) District is hereby amended to provide for special use approval of a single-family residence. The affected parcel of land comprises approximately 0.21 acres, is located at 585 Prince Avenue, Athens, Georgia, and is known as tax parcel number 171A1 F001A on the Athens-Clarke County Tax Map, being on file and available for public inspection in the office of the Athens- Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The date of this amendment to the Official Zoning Map of Athens-Clarke County as shown by Attachment A hereto shall be noted on said Official Zoning Map in the office of the Clerk of Commission and duly noted in the minutes of the Commission meeting. The subject parcel is further described as “Lot 2” in that certain document entitled “Lot Survey for Clarke County School District,” prepared by Willard Coy Tunnell, Jr., Georgia registered professional land surveyor, dated December 6, 2022, and being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. SECTION 2. The binding site plan associated with this ordinance and incorporated herein by reference consists of four pages in total. The description of each page is described in the table below. Page: Description: Date: Survey Lot Survey for Clarke December 6, 2022 (Sheet 1 of 1) County School District Photo Front elevation Unknown Photo Side/rear elevation Unknown Photo Side/rear elevation Unknown  March 5, 2024 Each page listed above is stamped “Binding 2-6-24” and is on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The binding written report associated with this ordinance and incorporated herein by reference consists of one page, entitled “Application Report,” submitted by Ruth and David Darden, stamped “Binding 2-6-24,” and is on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Old and new business -Discussion Public input 1. Connie Staudinger supported North Athens intergovernmental agreement. 2. Dustin Haefele-Tschanz - opposed public safety equipment A motion was made by Commissioner Link, seconded by Commissioner Wright to a) Approve the TSPLOST 2011, Project No.26, Road & Bridge Improvements, Project Concept for the North Chase Street Corridor, from Oneta Street to Barber Street, as shown on Attachment #1 of agenda report dated January 31, 2024; b) Authorize staff to advance the North Chase Street Corridor Concept as generally shown on Attachment #1 to the preliminary design phase following the Georgia Department of Transportation (GDOT) Plan Development Process for State Funded Projects; c) Approve an Amendment to Multi-Phase Master Contract to provide preliminary engineering & design services on N. Chase Street Corridor Improvement Project in the amount of $1,500,000, for a total new cost not to exceed $2,500,000, and a time extension up to December 31, 2027, to Alfred Benesch & Company; d) Authorize the Mayor to execute a Preliminary Engineering (PE) Agreement with CSX Transportation, Inc. (CSXT), and other related documents necessary to facilitate CSXT coordination and oversight of the project with an estimated cost of $30,000; and e) Authorize the Mayor and appropriate staff to execute any and all other project related documents including but not limited to future agreements with GDOT to address landscaping, lighting, maintenance, and permitting. The motion passed by unanimous vote. A motion was made by Commissioner Fisher, seconded by Commissioner Thornton, with reference to AARPA Boys & Girls Club of Athens contract as per agenda report revised February 27, 2024. a) Extend the contract, program and budget period for all initiatives described in scope through December 31, 2026 (currently July 2025); b) Approve the revised Scope of Work (Attachment #1) and Budget (Attachment #2) that will completely replace Exhibits A and B of current contact between ACCGov and Boys & Girls Clubs of Athens (Attachment #3), so that the agency may: a. continue supporting all initiatives listed in original scope, including acting as umbrella organization to other local agencies offering youth development & violence prevention programming, including in summer 2024; and b. Add new initiative to support existing and expanded youth development and violence prevention programming at Smilow and HT Edwards centers; and c) Authorize Mayor and staff to execute related documents. The motion passed by unanimous vote. A motion was made by Commissioner Wright, seconded by Commissioner Taylor, to  March 5, 2024 a) Approve proposed contract language, scope of work and budget from the Salvation Army Center in Athens, GA, as per agenda report dated February 27, 2024 for purposes of facility improvements and operational costs that will result in increased permanent shelter beds from the existing 80-bed to a 90-bed capacity facility through the addition of 10 permanent emergency shelter beds (eight in men’s dorms and two in women’s’ dorms). This funding also provides 20 cots (10 each for men and women) for warming shelter as needed, including but not limited to weather events, and other emergencies as declared by ACCGov or State of Georgia. This contract ($550,000) includes partial funding for 11 positions to The Salvation Army Center of Home Shelter Facility, including five vacant positions: three Housing Monitors, one Case Worker, and one Social Services Manager. The funding provided includes a salary adjustment increase for each position type. (Attachment #1); and b) Authorize Mayor and staff to execute all related documents. The motion passed by roll call vote with Commissioners Taylor, Wright, Fisher, Thornton, and Hamby voting YES; and Commissioners Davenport, Link, Houle, and Myers voting NO. (5 YES; 4 NO) Commissioner Culpepper abstained. A motion was made by Commissioner Hamby, seconded by Commissioner Link, to approve an Intergovernmental Agreement with the Athens Downtown Development Authority and the Athens Housing Authority to provide grant funding for Phase 1 of the North Downtown Athens Project Development as per Attachment #1 of agenda report dated February 26, 2024, and authorize the Mayor, Manager, and appropriate staff to execute all necessary project-related documents. The motion passed by unanimous vote. A motion was made by Commissioner Houle, seconded by Commissioner Thornton, to HOLD: Revised EMS MOU with Piedmont Athens Regional Medical Center. The motion passed by unanimous vote. New business – Consider under suspension of Rules A motion was made by Commissioner Wright, seconded by Commissioner Fisher, to suspend Rules of Commission for consideration of one item of new business. The motion passed by unanimous vote. A motion was made by Commissioner Wright, seconded by Commissioner Fisher, to a) Approve the expenditure of funds for public safety equipment and services enhancement for the Athens-Clarke County Police Department (ACCPD) as per agenda report dated February 28, 2024 consistent with up to: • $300,000 in support of the real-time crime center; • $100,000 for the public safety camera system; • $90,000 for mobile heavy duty surveillance trailers; and • $35,000 for all-terrain vehicles for patrol operations; b) Adopt the following ordinance (#24-03-20) which was presented by title only; and c) Authorize the Mayor and appropriate staff to execute all documents necessary for the purchase of such equipment and services. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE FY2024 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE FUNDING TO THE POLICE DEPARTMENT FOR PUBLIC SAFETY INITIATIVES; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows:  March 5, 2024 SECTION 1. The Commission of Athens-Clarke County, Georgia desires to amend the General Fund to provide funding to the Police Department for Public Safety initiatives; and for other purposes. Said Operating and Capital budget is hereby amended as follows: General Fund: EXPENDITURES: Decrease: Operating Contingency $525,000 Increase: Police Department Public Safety Initiatives $525,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Public input on items other than those listed on this agenda 19 spoke regarding public safety 3 spoke regarding cease fire Commissioner Fisher exited the meeting at 7:22 p.m. and returned at 7:25 p.m. FROM MANAGER WILLIAMS: 1. Received for information was acceptance of an ACCG Civic Affairs Foundation Grant in the amount of $2,759.50. FROM COMMISSIONER DAVENPORT: 1. Thanked Assistant Manager Josh Edwards for his service and wished him well as he assumes the position of Manager for York County South Carolina. FROM COMMISSIONER TAYLOR: 1. Announced Securing Women’s Rights Roundtable Monday at Fire Hall #2. Commissioners expressed condolences to the family of Laken Riley and expressed support for increased public safety. A motion was made by Commissioner Hamby, seconded by Commissioner Thornton, to enter into executive session for an attorney/client conference to discuss threatened or pending litigation. The motion passed by unanimous vote. The meeting adjourned at 7:50 p.m. _____________________________________ Clerk of Commission