Mayor & Commission Meetings

April 2, 2024 Unified Government of Athens-Clarke County, Georgia Mayor and Commission Special Called Session Tuesday, April 2, 2024 5:05 p.m. City Hall The Unified Government of Athens-Clarke County, Georgia met this date in a special called session. Present: Mayor Pro tem Thornton, Commissioners Link, Taylor, Wright, Fisher, Houle, Myers, and Hamby. Absent: Mayor Girtz; Commissioners Davenport and Culpepper. Mayor Pro tem Thornton presided. The purpose of the meeting was to enter into executive session for an attorney/client conference to discuss threatened or pending litigation. A motion was made by Commissioner Fisher, seconded by Commissioner Taylor, to enter into executive session for an attorney/client conference to discuss threatened or pending litigation, and to adjourn the special called session. The motion passed by unanimous vote. The meeting adjourned at 5:08 p.m. ___________________________________ Clerk of Commission ******************************************** Unified Government of Athens-Clarke County, Georgia Mayor and Commission Tuesday, April 2, 2024 6:01 p.m. City Hall The Unified Government of Athens-Clarke County, Georgia met this date in regular monthly session. Present: Mayor Pro tem Thornton; Commissioners Davenport, Link, Taylor, Wright, Fisher, Houle, Myers, and Hamby. Absent: Mayor Girtz; Commissioner Culpepper. Commissioner Davenport was remote until 8:15 p.m. when he entered the chamber. A motion was made by Commissioner Wright, seconded by Commissioner Fisher, to approve Minutes of meetings of Tuesday, March 5; Tuesday, March 19; and non-voting meetings of Tuesday, March 12; Thursday, March 14; and Tuesday, March 19, 2024. The motion passed by unanimous vote. Written communications There was none. A motion was made by Commissioner Myers, seconded by Commissioner Taylor, to amend this agenda. The motion passed by unanimous vote. A motion was made by Commissioner Wright, seconded by Commissioner Link, to amend this agenda for consideration of a resolution entitled: A resolution of the Commission of Athens-Clarke County, Georgia, to authorize James, Bates, Brannan, Groover LLP to file a counterclaim on behalf of the Unified Government of Athens-Clarke County, Georgia, against Charles Hardy related to Civil Action No. MC-01-CV-CV 24-0386 filed in the Magistrate Court of Athens-Clarke County, Georgia, and related to Charles Hardy’s involvement with the sanctioned homeless encampment; and for other lawful purposes. The motion passed by unanimous vote. Mayor Girtz asked that the following committee assignments be entered into the record. Legislative Review Committee: Solid Waste residential collection zone or franchise approach. This advances work already begun by the Citizen’s Solid Waste Task Force, and prepares us for full- Commission action  April 2, 2024 Legislative Review Committee: Develop a process for creating new Tax Allocation Districts or amending existing TADs. Government Operations Committee: Develop a Clean Energy Resident Commission that integrates the existing work of the SPLOST User Group(s) for associated projects. 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 There was none. A motion was made by Commissioner Wright, seconded by Commissioner Myers, to consent to action on the following 16 items. The motion passed by unanimous vote. 1. ADOPT: The following ordinance (#24-04-22) which was presented by title only; and authorize the Mayor and appropriate staff to execute all necessary documents as per agenda report dated February 28, 2024. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA, WITH RESPECT TO THE PUBLIC SAFETY CIVILIAN OVERSIGHT BOARD; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia, hereby ordains as follows: SECTION 1. Section 3-18-9 entitled “Training” of the Code of Athens-Clarke County, Georgia, is hereby amended by deleting said section in its entirety and the following new section is inserted in lieu thereof so that it now reads as follows: “Sec. 3-18-9. - Training. Public Safety Civilian Oversight Board members shall receive the training necessary to develop expertise in law enforcement and corrections oversight and community policing, as demonstrated by completion of either the Athens-Clarke County Police Department’s Community Police Academy or the Sheriff’s Office Civilian Academy. Whether by means of formal academy completion, or by acceptable alternative learning, members shall fulfill the minimum required annual training hours outlined in the PSCOB bylaws. Topics for participation may include a variety of subjects, including, but not limited to, training regarding ordinances governing the Public Safety Civilian Oversight Board, a broad range of law enforcement and corrections practices and procedures, criminal arrest procedures, case law concerning use of force, practices for people in mental health crisis or under the influence of intoxicants, problem-oriented policing, cultural awareness, racial equity, civil rights, the complaint process, investigative procedures, confidentiality requirements, ethics training and public records and public meeting laws. Members may also maintain and further develop their expertise through annual training provided by the Unified Government of Athens-Clarke County.” SECTION 2. 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 herewith are hereby repealed. SECTION 3. The Clerk of Commission is authorized, in consultation with the Athens-Clarke County Attorney, to correct any scrivener’s errors that may be found in this Ordinance after the adoption and approval hereof. SECTION 4. This Ordinance shall become effective once approved by the Mayor or as set forth in Section 2-204 of the Charter of the Unified Government of Athens-Clarke County, Georgia.  April 2, 2024 2. ADOPT: The following ordinance (#24-04-23) which was presented by title only for First Street and Vine Street proposed all-way stop as shown in Attachment #1 of agenda report dated February 23, 2024. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO THE ESTABLISHMENT OF AN ALL-WAY STOP AT THE INTERSECTION OF FIRST STREET AND VINE STREET; 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, there is hereby established the following changes at the intersection of First Street and Vine Street: • The intersection of First Street and Vine Street shall be designated as an all-way stop, as shown on that certain map entitled “First St. at Vine St. Proposed All-way Stop,” dated February 22, 2024, and attached hereto as Attachment #1. • The installation of stop signs, stop bars, crosswalks, and sidewalk ramps per current standards and specifications at the intersection of First Street and Vine Street is hereby authorized. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 3. ADOPT: The following ordinance (#24-04-24) which was presented by title only for Freeman Drive at Fowler Drive and Kenwood Drive proposed all-way stop as per agenda report dated February 22, 2024. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO THE ESTABLISHMENT OF AN ALL-WAY STOP AT THE INTERSECTION OF FREEMAN DRIVE AT FOWLER DRIVE AND KENWOOD DRIVE; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTON 1. Pursuant to Section 3-3-50 of the Code of Athens-Clarke County, Georgia there is hereby established the following changes at the intersection of Freeman Drive at Kenwood Drive and Fowler Drive: • The intersection of Freeman Drive at Kenwood Drive and Fowler Drive shall be designated as an all-way stop, as shown on that certain map entitled “Freeman Dr. at Fowler Dr. and Kenwood Dr. Proposed All-way Stop,” dated February 22, 2024, and attached hereto as Attachment #1. • The installation of stop signs, stop bars, crosswalks, and sidewalk ramps per current standards and specifications at the intersection of Freeman Drive at Fowler Drive and Kenwood Drive is hereby authorized. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 4. ADOPT: The following ordinance (#24-04-25) which was presented by title only for West Hancock Avenue and North Newton Street proposed all-way stop as per agenda report dated February 23, 2024. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO THE ESTABLISHMENT OF AN ALL-WAY STOP AT THE INTERSECTION OF WEST HANCOCK AVENUE AND NORTH NEWTON STREET; 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, there is hereby established the following changes at the intersection of West Hancock Avenue and North Newton Street:  April 2, 2024 • The intersection of West Hancock Avenue and North Newton Street shall be designated as an all-way stop, as shown on that certain map entitled “West Hancock Ave. at N. Newton Street Proposed All-way Stop,” as per agenda dated February 23, 2024, and attached hereto as Attachment #1. The installation of stop signs, stop bars, crosswalks, and sidewalk ramps per current standards and specifications at the intersection of West Hancock Avenue and North Newton Street is hereby authorized. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 5. ADOPT: The following ordinance (#24-04-26) which was presented by title only for West Hancock Avenue and North Pope Street proposed all-way stop as per agenda report dated February 23, 2024. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO THE ESTABLISHMENT OF AN ALL-WAY STOP AT THE INTERSECTION OF WEST HANCOCK AVENUE AND NORTH POPE STREET; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTON 1. Pursuant to Section 3-3-50 of the Code of Athens-Clarke County, Georgia there is hereby established the following changes at the intersection of West Hancock Avenue and North Pope Street: • The intersection of West Hancock Avenue and North Pope Street shall be designated as an all-way stop, as shown on that certain map entitled “W. Hancock Ave. at N. Pope St. Proposed All-way Stop,” dated November 28, 2023, and attached hereto as Attachment #1. • The installation of stop signs, stop bars, crosswalks, and sidewalk ramps per current standards and specifications at the intersection of West Hancock Avenue and North Pope Street is hereby authorized. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 6. a) ADOPT: The following ordinance (#24-04-27) which was presented by title only as per agenda report dated February 28, 2024; b) APPROVE: FY24 Landfill Enterprise Fund Capital Budget transfer of $100,000 from RMPF: Paving project code c0875 and $225,000 from RMPF: Covered Bale Storage project code c0876 to Belt Replacements for RMPF project code c0797; c) APPROVE: FY24 Change Order for an amount not to exceed $270,000 into Purchase Order 24100994 to further pay invoices to RDS-Virginia for processing recyclables; d) AUTHORIZE: The Mayor and appropriate staff to execute all related documents. AN ORDINANCE TO AMEND THE FY2024 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE FUNDING FOR THE RECOVERED MATERIALS PROCESSING FACILITY (RMPF); 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 FY2024 Landfill Enterprise Fund Budget for the purpose of amending the capital and operating budget. Said Operating and Capital budget is hereby amended as follows: Landfill Enterprise Fund: Expenditures Increase: Solid Waste Capital – RMPF Belt Replacement $325,000  April 2, 2024 Decrease: Solid Waste - Capital RMPF Paving $100,00 RMPF Bale Storage 0 $225,00 Covered Total 0 $325,00 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 7. a) ADOPT: The following ordinance (#24-04-28) which was presented by title only; b) APPROVE: the Solicitor General’s application for and, if awarded, acceptance of a Prosecuting Attorneys’ Council of Georgia Grant in the amount of $60,911 to be used to fund one victim advocate position and necessary supplies for the assistance of crime victims in calendar year (CY) 2024 as per agenda report dated February 19, 2024; c) APPROVE: the continuation of one full-time grant funded position for the Solicitor General’s Office for CY24; and d) AUTHORIZE: The Mayor and appropriate staff to execute all related documents. AN ORDINANCE TO AMEND THE FY2024 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE GRANT FUNDING FROM THE PROSECUTING ATTORNEYS’ COUNCIL OF GEORGIA FOR ONE FULLTIME POSITION AND ASSOCIATED EXPENSES TO SUPPORT ASSISTANCE TO CRIME VICTIMS; 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 from the Prosecuting Attorneys’ Council of Georgia for one fulltime position and associated expenses to support domestic violence cases. Said Operating and Capital budget is hereby amended as follows: Grants Special Revenue Fund: REVENUES: Increase: Victims of Crime Act Grant (PAC) $60,911 EXPENDITURES: Increase: Solicitor Personal Services $60,911 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 8. a) ADOPT: The following ordinance (#24-04-29) which was presented by title only for ACC Transit grant award from the GDOT Trust Fund Program re-approved amount of $594,367.00; b) APPROVE: The Memorandum of Agreement (MOA) between GDOT and ACCGov Transit Department (ACCTD) for the FY24 GDOT-TTFP funding (Attachment #1) of agenda report dated February 26, 2024; c) APPROVE: the submission of an application by ACCTD for the FY23 GDOT-TTFP funding; d) ACCEPT: The grant funds if awarded; and e) AUTHORIZE: The Mayor and appropriate staff to execute all contracts and related documents. AN ORDINANCE TO AMEND THE FY2024 OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE GRANT FUNDING FROM THE  April 2, 2024 GEORGIA TRANSIT TRUST FUND THROUGH THE GEORGIA DEPARTMENT OF TRANSPORTATION FOR TRANSIT PROJECTS; 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 from the Georgia Transit Trust Fund through the Georgia Department of Transportation for Transit projects; and for other purposes Said Operating & Capital budget is hereby amended as follows: Grants Special Revenue Fund: REVENUES: Increase: Georgia Department of Transportation Transit Trust Fund Program $172,844 EXPENDITURES: Increase: Transit: Georgia Transit Trust Fund Projects $172,844 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 9. ADOPT: The following ordinance (#24-04-30) which was presented by title only amending the FY24 Operating Budget to provide General Fund Contingency in the amount up to $175,000 for expenses related to costs in providing animals with medical care including medical services, animal care maintenance and medical supplies as per Attachment #1 of agenda report dated March 6, 2024. AN ORDINANCE TO AMEND THE FY2024 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE FUNDING FOR EXPENSES RELATED TO COSTS IN PROVIDING ANIMALS WITH MEDICAL CARE, INCLUDING MEDICAL SERVICES AND MEDICAL SUPPLIES, AND ANIMAL CARE MAINTENANCE IN THE ANIMAL SERVICES DEPARTMENT; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The Commission of Athens-Clarke County, Georgia desires to amend the General Fund Operating Budget to provide funding for expenses related to costs in providing animals with medical care, including medical services and medical supplies, and animal care maintenance in the Animal Services Department. Said Operating and Capital budget is hereby amended as follows: General Fund: EXPENDITURES: Decrease: Other General Administration General Fund Contingency up to $175,000 Increase: Animal Services Department Operating Expense up to $175,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 10. ADOPT: Resolutions in recognition of Athens Pride month and Juneteenth as recommended by the Human Relations Commission (HRC) as per agenda report dated March 5, 2024. RESOLUTION  April 2, 2024 A RESOLUTION TO DISPLAY THE PROGRESS PRIDE FLAG IN RECOGNITION OF ATHENS PRIDE MONTH WHEREAS, following the Stonewall Riots of June 1969, lesbian, gay, bisexual, transgender, and queer (“LGBTQ+”) communities and their allies in numerous cities have gathered for Pride celebrations, often in the month of June; and WHEREAS, the Athens LGBTQ+ community has a rich history of demonstrated involvement in and contributions to the Athens-Clarke County community, including a cherished annual tradition of Pride celebrations; and WHEREAS, the trailblazing work of LGBTQ+ movement leaders across generations and here in Athens have modeled courage in embracing their authentic selves and advancing cultural and policy changes that affirm LGBTQ+ rights and dignity; and WHEREAS, despite these advancements, the LGBTQ+ community faces continued systemic community violence; and WHEREAS, we recognize the intersecting impacts that systemic racism, classism, sexism, xenophobia, and heteropatriarchy have on our LGBTQ+ friends and neighbors; and WHEREAS, we stand in support and solidarity with members of the LGBTQ+ community from all backgrounds in the face of these challenges; and WHEREAS, on August 3rd, 2021, the Athens-Clarke County Commission passed a historic non-discrimination ordinance to protect the rights and uplift the dignity of all Athenians, including members of the LGBTQ+ community; and WHEREAS, in June 2022, the Athens-Clarke County Commission declared that the month of June shall hereafter be known as Athens Pride Month; and WHEREAS, we endeavor to advance equity, affirmation, and wellness for all LGBTQ+ residents and visitors of Athens, particularly those that have been historically silenced, stigmatized, and marginalized within and outside of dominant queer culture, and will continue to seek policies to this end. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Commission of the Unified Government of Athens-Clarke County, Georgia: Section 1: That the Progress Pride Flag shall be flown at City Hall from June 1 to June 15, 2024, in compliance with ACCGov Administrative Policy CSD-002 in order to demonstrate the Unified Government’s continued support for the LGBTQ+ community and its most vulnerable and historically marginalized members; and Section 2: That the Unified Government shall support events that encourage understanding and celebration of the Athens-Clarke County LGBTQ+ community; and Section 3: That the Mayor and Commission hereby direct the Manager to support this resolution. RESOLUTION A RESOLUTION TO DISPLAY THE JUNETEENTH FLAG IN RECOGNITION OF JUNETEENTH WHEREAS, the United States of America is made up of people from every nation on Earth, who are declared equal not only in freedom but also in justice, both of which are essential for a healthy human civilization; and WHEREAS, the United States of America was established on July 4, 1776, with the Declaration of Independence stating: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness”; and WHEREAS, on January 1, 1863, President Abraham Lincoln signed the Emancipation Proclamation, providing that all persons enslaved within any state or designated part of a state “shall be then, thenceforward, and forever free”; and WHEREAS, news of the end of slavery did not reach the frontier areas of the United States, in particular the State of Texas and the other Southwestern States, until months after the conclusion of the  April 2, 2024 Civil War, more than two and a half years after President Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863; and WHEREAS, on June 19, 1865, Union soldiers, led by Major General Gordon Granger, arrived in Galveston, Texas, with news that the Civil War had ended and that the enslaved were free from bondage; and WHEREAS, as those who were formerly enslaved were recognized for the first time as citizens, Black/African Americans came to commemorate June 19th, commonly known as “Juneteenth Independence Day,” as inspiration and encouragement for future generations; and WHEREAS, the faith and strength of character demonstrated by formerly enslaved people and the descendants of formerly enslaved people remain an example for all people of the United States, regardless of background, religion, or race; and WHEREAS, slavery was not officially abolished until the ratification of the 13th Amendment to the Constitution of the United States in 1865, and this date is commemorated by the observance of National Freedom Day on February 1 of each year; and WHEREAS, on June 18, 2021, President Joseph Biden, Jr., proclaimed June 19 as Juneteenth Day of Observance and called upon the people of the United States to acknowledge and celebrate the end of the Civil War and the emancipation of Black/African Americans and commit together to eradicate systemic racism that still undermines our founding ideals and collective prosperity; and WHEREAS, on July 7, 2020, the Mayor and Commission of the Unified Government of Athens- Clarke County, Georgia, adopted a resolution in recognition that Black Lives Matter and committed to explore ways to work with community leaders to establish Juneteenth as a local annual holiday and celebration; and WHEREAS, in June 2022, the Athens-Clarke County Commission formally recognized and observed Juneteenth as a local annual holiday and community celebration; and WHEREAS, the Unified Government of Athens-Clarke County can never heal the trauma of Black/African American people nor fully erase the past but can empathize, recognize, and commit to working on building real equity and supporting the local observance of Juneteenth. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Commission of the Unified Government of Athens-Clarke County, Georgia: Section 1: That the Juneteenth Flag shall be flown at City Hall from June 15 to June 30, 2024, in compliance with ACCGov Administrative Policy CSD-002 in order to demonstrate the Unified Government’s continued support and recognition of June 19, 1865; and Section 2: That the Unified Government shall explore ways to work with community leaders to support Juneteenth events; and Section 3: That the Mayor and Commission hereby direct the Manager to support this resolution. 11. APPROVE: The revised Scope of Work (Attachment #1), Project Timeline (Attachment #2), Budget (Attachment #3) and Equity Assessment (Attachment #4) as per agenda report dated February 26, 2024 that will completely replace Exhibit A of the current contract between ACCGov and Athens Area Habitat for Humanity so the agency may: • Expand service to housing units located within the Gaines Elementary School area instead of limited to units directly within the proposed Micah’s Creek development area; • Begin immediate development of five infill lots located within 1.2 miles of Micah’s Creek; that are already prepared for construction and don’t require infrastructure development; • Ensure five families currently earning sweat equity and pre-approved for homebuyer units aren’t delayed in gaining homeownership due to development timeline of housing directly within the Micah’s Creek project area; and Authorize the Mayor and appropriate staff to execute the necessary documentation related to this approval. 12. APPROVE: Sanford Stadium sewer improvements Phase I – Contract award as per agenda  April 2, 2024 report dated February 28, 2024; a. Authorize an appropriation of $7,318,258 for the Sanford Stadium Sanitary Sewer Interceptor Improvements Project Phase 1; b. Award a unit price construction contract to the apparent low bidder, Site Engineering, in the amount of 6,247,985; c. Award a project management/resident inspection Task Order in the amount of $445,475 to the Public Utilities Department’s On-call Consultant, Jacobs Engineering, for the provision of professional services during construction; d. Authorize staff to approve project change orders that do not collectively exceed the overall appropriation of $ $7,318,258; and e. Authorize the Mayor and appropriate staff to execute all related contract documents. 13. APPROVE: The recommendation of the Athens Cultural Affairs Commission for the change of art location for Site #2, as generally shown in Attachment #1 of agenda report dated February 14, 2024 for the Classic Center Arena as part of the SPLOST 2020 Project 03; and authorize the Mayor and appropriate staff to execute all related documents. 14. APPROVE: An hourly rate, not-to-exceed amount of $368,655, design services contract, using the on-call design engineers, Alfred Benesch & Company, Inc., to provide final design and bid phase services in accordance with the approved schematic design as per Attachment #1 of agenda report dated February 28, 2024 and funding availability for the SPLOST 2020 Project 16, Memorial Park Improvements Project; and, authorize the Mayor and appropriate staff to execute all related documents. 15. a) APPROVE: The proposed Project Concept Traffic Signal Evaluation Criteria for the Traffic Safety\ Infrastrucutre Improvements (TSPLOST 2023 Project 30), as shown in Attachment #1 of agenda report dated February 28, 2024; b) APPROVE: The proposed Initial Priority Intersection list for the Traffic Safety Infrastrucutre Improvements (TSPLOST 2023 Project 30), as shown in Attachment #2; c) Authorize staff to enter into the Preliminary Plan Phase for intersections identified on the proposed Initial Priority Intersection list for the Traffic Safety Infrastrucutre Improvements (TSPLOST 2023 Project 30), as shown in Attachment #2, and; d) Authorize the Mayor and appropriate staff to execute all related documents. 16. APPROVE: The (Revised) FY24 Audit Workplan as recommended by the Audit Committee as per Attachment A of agenda report dated March 7, 2024); and authorize the Mayor and appropriate staff to execute all necessary documents. Public hearing and deliberation on recommendations from the Athens-Clarke County Planning Commission A public hearing was held on the request of Michael B. Thurmond/Armentrout, Matheny, Thurmond P.C., owner Georgia of Phi Kappa Tau Inc., for special use in C-D (RIV) (Commercial- Downtown River) District on 0.55 acres known as 141 Wilkerson Street. Proposed use is fraternity chapter house. Type II Planning Commission recommendation: Approval (unanimous) Public input  April 2, 2024 1. Bret Thurmond – supported A motion was made by Commissioner Wright, seconded by Commissioner Houle, to adopt the following ordinance (#24-04-31) 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 FRATERNITY CHAPTER HOUSE IN THE C-D (RIV) (COMMERCIAL-DOWNTOWN, RIVER DESIGN AREA) DISTRICT FOR A PARCEL OF LAND AT 141 WILKERSON STREET COMPRISING APPROXIMATELY 0.54 ACRES; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The current C-D (RIV) (Commercial-Downtown, River Design Area) District is hereby amended to provide for special use approval of a fraternity chapter house. The affected parcel of land comprises approximately 0.54 acres, is located at 141 Wilkerson Street, Athens, Georgia, and is known as tax parcel number 171B4 A006 on the Athens-Clarke County Tax Map, being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The date of this amendment to the Official Zoning Map of Athens-Clarke County as shown by Attachment A hereto shall be noted on said Official Zoning Map in the office of the Clerk of Commission and duly noted in the minutes of the Commission meeting. The subject parcel is further described in that certain document entitled “Existing Conditions,” prepared by Michael Bret Thurmond, Georgia registered professional engineer, designated in the lower right- hand corner as sheet number C100, dated February 20, 2024, 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 three pages in total, with each sheet being numbered and titled in the lower-right hand corner. The respective number, title, and date of each sheet is listed below. Sheet No.: Title: Date: C101 Site Plan February 20, 2024 A200 Elevations February 13, 2024 A201 Elevations February 13, 2024 Each sheet listed above is stamped “Binding 3-12-24” 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 seven pages in total, entitled “Report to Support the Special Use Application Phi Kappa Tau Fraternity,” prepared by Armentrout Matheny Thurmond, P.C., stamped “Binding 3-12-24,” 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. A public hearing was held on the request of Frank Pittman/Pittman & Greer Engineering, owner Ashook Thakkar, for rezoning on 2.8 acres known as 180 Moss Road from AR (Agricultural Residential) to C-R (Commercial-Rural). Proposed use is commercial gas station and convenience store. Type II Planning Commission recommendation: Denial (unanimous) Public input 1. Frank Pittman – supported 2. Angela Green – opposed 3. James McKee – opposed 4. Marlene McKee – opposed 5. Troy Kemick – opposed 6. Nan Mazzucco – opposed 7. Claudia LeMay – opposed 8. Star Scott – opposed 9. Rusty Williams – opposed 10. Casandra Aigbogun - opposed 11. Pamela Moody Bailey - opposed  April 2, 2024 12. Crystal Barber - opposed 13. Ashbrook Thacker - supported A motion was made by Commissioner Taylor, seconded by Commissioner Houle, to DENY request for rezoning on 2.8 acres known as 180 Moss Road from AR (Agricultural Residential) to C-R (Commercial-Rural). The motion passed by unanimous vote. A public hearing was held on request of Frank Pittman/Pittman & Greer Engineering, owner Green Acres Baptist Church Inc., for rezoning from RS-25 (Single-Family Residential) to RM-1(Mixed Density Residential) on 4.8 acres known as 2295 Barnett Shoals Road and 170 Forest Road. Proposed use is residential multi-family. Type II Planning Commission recommendation: Approval w/conditions (unanimous) Public input All opposed except Pittman. 1. Kent Middleton 2. Andy Herod 3. Brad Hawkins 4. Rozanne Everhardt 5. Sinclair Jackson 6. Mattie Barkdol 7. Joe Allen 8. Melanie Aaron 9. Jane Fitzpatrick 10. Matthew Mendicino 11. Frank Pittman – requested approval of a withdrawal request A motion was made by Commissioner Wright, seconded by Commissioner Link, to DENY request for rezoning from RS-25 (Single-Family Residential) to RM-1(Mixed Density Residential) on 4.8 acres known as 2295 Barnett Shoals Road and 170 Forest Road. A substitute motion was made by Commissioner Houle to approve petitioner’s request for a withdrawal. The motion died for lack of a second. The original motion passed by roll call vote with Commissioners Davenport, Link, Taylor, Wright, Fisher, Myers, and Hamby voting YES and Commissioner Houle voting NO. (7 YES; 1 NO) A public hearing was held on proposed text amendment to Type I planning action procedures Planning Commission recommendation: Approval w/conditions (unanimous) Public input 1. John Elliott – supported. A motion was made by Commissioner Link, seconded by Commissioner Fisher, to adopt the following ordinance (#24-04-32) 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 THE TYPE I TEXT AMENDMENT PROCEDURE; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Section 9-4-3 of the Code of Athens-Clarke County, Georgia, entitled “Type I Procedure—General provisions,” is hereby amended by replacing sub-paragraph (g) of paragraph (8) of sub-section (C) thereof so that said sub-paragraph (g) now reads as follows:  April 2, 2024 g. For zoning ordinance text amendments, the mayor and commission may vote to approve the text amendment, approve the text amendment with conditions or modifications, deny the text amendment, or remand the text amendment to the planning commission with comments from the mayor and commission for the planning commission’s consideration. If a text amendment is remanded to the planning commission, it must be placed on the next available regular meeting agenda of the planning commission (in compliance with all applicable procedural requirements of this Code and state law) for the planning commission’s consideration. The remanded text amendment, together with the comments from the mayor and commission, must then be considered by the planning commission in accordance with the usual procedures for text amendments. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Old/new business discussion Public input There was none. A motion was made by Commissioner Taylor, seconded by Commissioner Link, to return the business inclusion policy to the Government Operations Committee. The motion passed by unanimous vote. A motion was made by Commissioner Hamby, seconded by Commissioner Wright, to approve an hourly rate, not-to-exceed professional services contract in the amount of $356,910 to Pond & Co. for Schematic Design, Final Design, Bidding, and Construction Administration Services in accordance with the approved Project Concept (Attachment #1) for the Recovered Material Processing & Reuse Facility (SPLOST 2020 Project 26, SP #1) as per agenda report dated February 21, 2024; and authorize the Mayor and appropriate staff to execute all related documents. The motion passed by unanimous vote. A motion was made by Commissioner Houle, seconded by Commissioner Link, to HOLD until Tuesday, April 16: FY25 Community Partnerships Program (CPP) funding recommendations. A substitute motion was made by Commissioner Wright, seconded by Commissioner Hamby, to HOLD this item until Tuesday, May 7. The substitute motion passed by unanimous vote. A motion was made by Commissioner Taylor, seconded by Commissioner Link, to approve an amendment to the Eviction Prevention Program contract with Family Promise of Athens, specifically through the provision of an additional $102,349.00 in ARPA funding to the original contract of $900,000 that will help support an additional 35 households (total 300 households served through the contract period) as per Attachment #1 of agenda report dated February 27, 2024; and authorize the Mayor and appropriate ACCGov staff to execute all related documents. The motion passed by unanimous vote. A motion was made by Commissioner Houle, seconded by Commissioner Wright, to a) Adopt the recommendations of Transportation & Public Works (TPW) staff regarding the installation guidelines for marked crosswalks, as outlined in the proposed policy Attachment #1 of agenda report dated January 29, 2024; b) Adopt the following ordinance (#24-04-33) which was presented by title only associated with this CDO for the total amount of $132,300 using Unassigned Fund Balance as the source of revenue to cover the expenses associated with the additional four projects named on CDO dated April 2, 2024; c) Authorize staff to move into the construction/installation phase for six crosswalks projects (Attachment #2) with projects specified in comments, as current funding (shown in the agenda item as presented by staff) and additional funding allocated herein allows. The motion passed by unanimous vote.  April 2, 2024 AN ORDINANCE TO AMEND THE FY2024 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE ADDITIONAL FUNDING FOR CROSSWALK IMPROVEMENTS; 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 FY2024 General Fund and General Capital Projects Fund budgets for the purpose of providing additional funding for Crosswalk Improvements. Said Operating and Capital budget is hereby amended as follows: General Fund: REVENUES: Decrease: Unassigned Fund Balance $132,300 EXPENDITURES: Increase: Transfers to General Capital Projects Fd $132,300 General Capital Projects Fund: REVENUES: Increase: Transfers from General Fund $132,300 EXPENDITURES: Increase: Transportation & Public Works Capital Expenditure – Crosswalk Improvements (project c0392) $132,300 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A motion was made by Commissioner Link, seconded by Commissioner Taylor, to approve the proposed project concept and use of SPLOST 2011 Project 21, Public Art Program funds to supplement the Linnentown Walk of Recognition Public Art Project, with an additional budget of $25,000 from SPLOST 2011 Project 21, Public Art Program as per agenda report dated March 1, 2024. The motion passed by unanimous vote. A motion was made by Commissioner Wright, seconded by Commissioner Hamby, to approve a proposed change order to the construction contract of JE Dunn in the not-to-exceed amount of $2,720,603 for the change order work as described in Facts and Issues #2, 3, & 4 of agenda report revised March 29, 2024. The motion passed by unanimous vote. A motion was made by Commissioner Wright, seconded by Commissioner Myers, to a) Approve a change order to Perkins & Will, Inc., for an amount not to exceed $262,000 for the additional services as described in Facts and Issues of agenda report dated March 13, 2024; b) Approve a change order to Jacobs Project Management Company, for an amount not to exceed $897,513 for the additional services as described in Facts and Issues of said agenda report; and c) Authorize the Mayor and appropriate staff to execute all related documents. The motion passed by unanimous vote. Commissioner Davenport entered the chamber at 8:15 p.m. A motion was made by Commissioner Houle, seconded by Commissioner Fisher, to accept the Periodic Audit of the Tax Assessor’s Office as recommended by the Audit Committee as per Attachment A of agenda report dated March 7, 2024; and, authorize the Mayor and appropriate staff to execute all necessary documents. The motion passed by unanimous vote. New business – Consider under suspension of Rules  April 2, 2024 A motion was made by Commissioner Wright, seconded by Commissioner Houle, 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 Link, to adopt the following resolution. The motion passed by unanimous vote. A RESOLUTION OF THE COMMISSION OF ATHENS-CLARKE COUNTY, GEORGIA, TO AUTHORIZE JAMES, BATES, BRANNAN, GROOVER LLP TO FILE A COUNTERCLAIM ON BEHALF OF THE UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY, GEORGIA, AGAINST CHARLES HARDY RELATED TO CIVIL ACTION NO. MC-01-CV-CV-24-0386 FILED IN THE MAGISTRATE COURT OF ATHENS-CLARKE COUNTY, GEORGIA, AND RELATED TO CHARLES HARDY’S INVOLVEMENT WITH THE SANCTIONED HOMELESS ENCAMPMENT; AND FOR OTHER LAWFUL PURPOSES. WHEREAS, a Statement of Claim was filed by Charles Hardy in Civil Action No. MC-01-CV-CV- 24-0386 in the Magistrate Court of Athens-Clarke County, Georgia, related to alleged activities at the Sanctioned Homeless Encampment (the “Hardy Claim”); WHEREAS, the Commission desires to authorize James, Bates, Brannan, Groover LLP to file a counterclaim on behalf of the Unified Government of Athens-Clarke County, Georgia (“ACCGov”) against Charles Hardy related to the Hardy Claim and related to Charles Hardy’s involvement with the Sanctioned Homeless Encampment (the “ACCGov Claims”); and WHEREAS, this resolution will benefit and promote the health, safety, morals, and welfare of the citizens of the Unified Government; NOW, THEREFORE, BE IT RESOLVED by the Commission of Athens-Clarke County, Georgia, and it is hereby so resolved by the authority of same that James, Bates, Brannan, Groover LLP is authorized to file a counterclaim on behalf of ACCGov against Charles Hardy (aka Charles Hardy, Jr.) related to the Hardy Claim and the ACCGov Claims; and BE IT FURTHER RESOLVED the Commission grants the Mayor, the Manager, and the County Attorney the authority to take any and all further actions necessary to carry out the intents and purposes of this Resolution; and BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its approval by the Mayor or upon its adoption into law without such approval. Public input on items other than those listed on the agenda. The following supported public safety. 1. Susan Monteverde 2. Camden Pace FROM MAY0R PRO TEM THORNTON: Proclamations will be issued recognizing participation in the Adopt A Highway Program Adopting Organization Location Iota Gamma Sigma Chapter of Rocksprings Street between Glenhaven Avenue and Sigma Gamma Rho Sorority, Inc. Springdale Street @WestoverChristmas Oglethorpe Avenue between Prince Avenue and Loop 10 on/off ramps AKHi Temple No. 280 Mitchell Bridge Road between Tallassee Road and High Ridge Drive A motion was made by Commissioner Taylor, seconded by Commissioner Wright, to adjourn. The motion passed by unanimous vote. The meeting adjourned at 8:43 p.m.  April 2, 2024 _____________________________________ Clerk of Commission .