Mayor & Commission Meetings

Unified Government of Athens-Clarke County, Georgia Mayor and Commission Tuesday, August 5, 2025 6:01 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, Johnson, Culpepper, Myers, Thornton, and Hamby. Commissioner Johnson arrived at 6:05 p.m. and Commissioner Davenport arrived at 6:28 p.m. A motion was made by Commissioner Hamby, seconded by Commissioner Taylor, to approve the Minutes of meetings Tuesday, June 3 (3); Tuesday, June 5; Tuesday, June 10; Thursday, June 12; Tuesday, June 17 (2); and Tuesday, July 15 (2); and non-voting meeting of Tuesday, July 15, 2025. The motion passed with 8 YES votes. Commissioners Davenport and Johnson were absent. Written Communications There were none. Presentation Probate Court Judge Susan Schaffer introduced Susan Huff as the newly appointed Associate Judge, after which she gave some brief comments. Commissioner Johnson arrived at 6:05 p.m. Old business – Consent Items under this section were discussed at prior public meetings and were presented for consideration as a single item. Only one vote was taken. Public Input There was none. A motion was made by Commissioner Wright, seconded by Commissioner Taylor, to consent to action on the following 11 items. The motion passed by 9 YES votes. Commissioner Davenport was absent. 1. a. Approve If awarded, accept a Georgia Environmental Finance Authority, Georgia Energy Grant Program grant (Attachment #1) as per agenda report dated June 21, 2025; b. Adopt the following budget ordinance (#25-08-71) which was presented by title only; and, c. Authorize the Mayor and appropriate staff to execute all related contracts and documents. AN ORDINANCE TO AMEND THE FY2026 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE GRANT FUNDING, IF AWARDED, TO THE SUSTAINABILITY DEPARTMENT FROM GEORGIA ENVIRONMENTAL FINANCIAL AUTHORITY (GEFA) THROUGH THE GEORGIA ENERGY GRANT PROGRAM FOR ENERGY EFFICIENCY AUDITS BY THE AMERICAN SOCIETY OF HEATING, REFRIGERATING AND AIR- CONDITIONING ENGINEERS (ASHRAE); 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, to the Sustainability Department from GEFA through the Georgia Energy Grant Program for energy efficiency audits by ASHRAE. Said Operating and Capital budget is hereby amended as follows: General Capital Projects Fund EXPENDITURES: Decrease:  Sustainability Department: Solar and Energy Program Project Capital Expenses – Local Match $30,000 Increase: Transfer to Grants Fund $30,000 Grants Special Revenue Fund: REVENUES: Increase: GEFA Energy Grant $150,000 Transfer from General Capital Projects Fund $30,000 Total $180,000 EXPENDITURES: Increase: Sustainability Department: Operating Expenses $180,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 2. a. Approve Designate the 200 block of O’Farrell Street as an on‐street parking permit‐ controlled street under the Residential Parking Permit Program, as shown in Attachment #1 as per agenda report dated June 12, 2025; and b. Adopt the following ordinance (#25-08-72) which was presented by title only. AN ORDINANCE FOR THE ESTABLISHMENT OF A CONTROLLED PARKING AREA ON O’FARRELL STREET BETWEEN BURNETT STREET AND MORTON AVENUE; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Pursuant to Sections 3-3-47 and 3-3-48 of the Code of Athens-Clarke County, Georgia, there is hereby established a controlled parking residential area on O’Farrell Street between the intersection of O’Farrell Street and Burnett Street and the intersection of O’Farrell Street and Morton Avenue as shown on that certain map entitled “O’Farrell St. Proposed Permit Parking,” prepared June 6, 2025, and attached hereto as Attachment #1. SECTION 2. Pursuant to Sections 3-3-47 and 3-3-48 of the Code of Athens-Clarke County, Georgia, a residential parking permit shall be required for the privilege of parking in the controlled parking residential area established herein. The establishment of this controlled parking residential area shall not affect current parking restrictions on O’Farrell Street as indicated by existing yellow curbing. SECTION 3. The Athens-Clarke County Transportation & Public Works Department is hereby authorized to place residential parking permit signs and perform all other actions necessary and incidental to the establishment of the controlled parking residential area described herein. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 3. a. Adopt the following ordinance (#25-08-73) which was presented by title only for reimbursement of hours worked for University of Georgia football traffic control, as shown in Attachment #1, within Fiscal Year 2025 as per agenda report dated June 13, 2025; b. Adopt the following ordinance (#25-08-74) which was presented by title only for anticipated traffic control to be performed in FY26; and, c. Authorize the Mayor and appropriate staff to sign all related applications documents. AN ORDINANCE TO AMEND THE FY2025 OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE FUNDING FROM THE UNIVERSITY OF GEORGIA FOR REIMBURSEMENT FOR HOURS WORKED DURING FOOTBALL TRAFFIC CONTROL; 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 to provide funding from the University of Georgia for reimbursement for hours worked during football traffic control. Said Operating budget is hereby amended as follows: General Fund: REVENUES: Increase: UGA Contract $21,645 EXPENDITURES: Increase: Transportation & Public Works Personal Services $21,645 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. AN ORDINANCE TO AMEND THE FY2026 OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE FUNDING FROM THE UNIVERSITY OF GEORGIA FOR REIMBURSEMENT FOR HOURS WORKED DURING FOOTBALL TRAFFIC CONTROL; 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 to provide funding from the University of Georgia for reimbursement for hours worked during football traffic control. Said Operating budget is hereby amended as follows: General Fund: REVENUES: Increase: UGA Contract up to $35,000 EXPENDITURES: Increase: Transportation & Public Works Personal Services up to $35,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 4. Adopt the following ordinance (#25-08-75) which was presented by title only that sets the Associate Probate Judge salary as 90% of the Probate Judge’s total salary (Attachment #1) as per agenda report dated June 18, 2025. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA, WITH RESPECT TO THE SALARY FOR A FULL-TIME ASSOCIATE PROBATE JUDGE; AND FOR OTHER PURPOSES. WHEREAS, in accordance with O.C.G.A. § 15-9-2.1(a)(1), “The judge of the probate court may appoint one or more individuals to serve as associate judges of the probate court in probate matters on a full-time or part-time basis subject to the approval of the governing authority of the county”; and WHEREAS, the Mayor & Commission of Athens-Clarke County, Georgia, have adopted and approved a new full-time Associate Judge of the Probate Court of Athens-Clarke County, Georgia, as part of the Fiscal Year 2026 Operating and Capital Budget; and WHEREAS, in accordance with O.C.G.A. § 15-9-2.1(a)(4), the Commission of Athens- Clarke County, Georgia, desires to approve the salary for said full-time Associate Judge; and  WHEREAS, the Commission of Athens-Clarke County, Georgia, intends to set the salary for said full-time Associate Judge at 90% of the salary paid to Judge of the Probate Court of Athens-Clarke County, Georgia, as determined under state law and any applicable local law; and WHEREAS, the salary for the Judge of the Probate Court of Athens-Clarke County, Georgia, is determined in accordance with statutes found within Title 15, Chapter 9, Article 3 of the Official Code of Georgia Annotated; NOW, THEREFORE, the Commission of Athens-Clarke County, Georgia, hereby ordains as follows: SECTION 1. Chapter 1-18 of the Code of Athens-Clarke County, Georgia, entitled “Miscellaneous Provisions,” is hereby amended by adding a new section to be numbered Section 1-18-6, which section reads as follows: Sec. 1-18-6. – Salary for full-time associate probate judge. (a) In accordance with O.C.G.A. § 15-9-2.1, the governing authority of the Unified Government of Athens-Clarke County, Georgia, hereby authorizes an annual salary for a full-time Associate Judge of the Probate Court of Athens-Clarke County, Georgia, hereinafter referred to in this code section as the “Associate Judge,” in the amount of 90% of the annual salary for the Judge of the Probate Court of Athens-Clarke County, Georgia, as said Judge’s salary is determined under state law and any applicable local law. (b) In the event that this code section or any portion hereof conflicts with the laws of the State of Georgia concerning salaries for associate judges of probate courts (as said laws now exist or may hereafter be amended), particularly Title 15, Chapter 9 of the Official Code of Georgia Annotated, state law shall take precedence. The salary of the Associate Judge shall not be decreased during the Associate Judge’s term of office. Furthermore, the annual salary for the Associate Judge shall not be decreased below the numerical amount calculated as of the effective date of this code section, unless otherwise required by state law. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. The recitals in this ordinance beginning with “WHEREAS” provide important and necessary background, and are incorporated herein by reference. SECTION 4. The Clerk of Commission is authorized, in consultation with the Athens- Clarke County Attorney, to correct any scrivener’s errors that may be found herein after the adoption and approval hereof. 5. a. Approve an appropriation of $59,119 to the FY26 Operating Budget for Juvenile Court, Compensation – Full Time and authorize the addition of one full‐time Senior Staff Attorney on January 1, 2026 as per agenda report dated June 18, 2025; b. Approve an appropriation of $53,800 to the FY26 Operating Budget for Juvenile Court for Professional Services and Court Appointed Attorney, Indigent Defense; and c. Adopt the following ordinance (#25-08-76) which was presented by title only. AN ORDINANCE TO AMEND THE FY2026 OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO AUTHORIZE AN ADDITIONAL FULLTIME STAFF ATTORNEY POSITION AND PROVIDE INCREASED FUNDING FOR JUVENILE COURT PERSONAL SERVICES AND ADDITIONAL OPERATING EXPENSES; 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 Operating and Capital Budget so as to authorize an additional fulltime staff attorney position and to provide increased funding for personal services and additional operating expenses. Said Operating budget is hereby amended as follows: General Fund: EXPENDITURES: Decrease: Other General Administration Operating Contingency $112,919 Increase: Juvenile Court Personal Expenses $59, 119 Operating Expenses $53,800 Total $112,919 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 6. Approve the Waverly Woods Google Group request for registration in the Neighborhood Notification Initiative (NNI) program with associated boundaries as identified in Attachment #1 as per agenda report dated May 5, 2025. 7. a. Authorize an appropriation for maintenance rebuild of the sludge collection basin drive units at water treatment plant (WTP) in the amount of $480,000 (which includes a 10% contingency) as per agenda report dated June 16, 2025; and b. Authorize the Mayor and appropriate staff to sign all documents related to the contract. 8. a. Approve replacement of obsolete equipment in the generator switchgear at JG Beacham Water Treatment Plant in the amount of $346,000 as per agenda report dated June 16, 2025; and b. Authorize the Mayor and appropriate staff to execute all contracts and related documentation. 9. a. Approve a one-year unit-price contract (with an option for up to four annual renewals) with Denali Water Solutions, LLC for biosolids hauling and disposal vendor for the North Oconee and Cedar Creek Water Reclamation Facilities as per agenda report dated June 16, 2025; and, b. Authorize the Mayor and appropriate staff to sign all documents related to the contract. 10. a. Accept the Periodic Audit of the Transit Department as recommended by the Audit Committee (Attachment A) as per agenda report dated June 12, 2025; and, b. Authorize the Mayor and appropriate staff to execute all necessary documents. 11. Approve appointments to the Athens Cultural Affairs Commission: Jessica Smith (reappointment) Three-year term expiring 03-31-2028 Elizabeth Durusau Three-year term expiring 03-31-2028 Nasrin Noori Three-year term expiring 03-31-2028 Public hearing and deliberation on recommendations from the Athens-Clarke County Planning Commission A public hearing was held on request of Jeff Carter / Carter Engineering, Owner: Sapphire Properties LP, for rezoning from C – N* to RM – 1 on 2.59 acres known as 200 & 205 Rockwood Boulevard. Proposed use is Residential Multi-Family. Type II. District 6 Planning Commission recommendation: Approval w/ conditions Public input 1. Paul Johnston – supported 2. Mark Campbell - supported A motion was made by Commissioner Johnson, seconded by Commissioner Fisher, to adopt the following ordinance (#25-08-77) amending it to prohibit Residential, Commercial, and Institutional uses provided for in Section 9-8-2 of the Code of Athens-Clarke County, Georgia. The motion passed by 9 YES votes. Commissioner Davenport was absent. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO REZONING TWO PARCELS OF LAND COMPRISING APPROXIMATELY 2.59 ACRES LOCATED AT 200 AND 205 ROCKWOOD BOULEVARD FROM C-N* (COMMERCIAL- NEIGHBORHOOD) TO RM-1 (MIXED-DENSITY RESIDENTIAL); AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The map constituting the component part of the Zoning Ordinance of Athens- Clarke County, Georgia, by virtue of and in compliance with Sections 9-3-3 and 9-3-6 thereof, is hereby amended by changing the zoning of two parcels of land comprising approximately 2.59 acres and located at 200 and 205 Rockwood Boulevard from C-N* (Commercial-Neighborhood) to RM-1 (Mixed-Density Residential) as shown on Attachment A hereto. The affected parcels of land are more particularly described in that certain document entitled “Site Plan,” designated in the lower right-hand corner as sheet number “SP1,” prepared by James J. Carter, registered professional engineer, dated April 30, 2025, 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. The affected parcels are also known as Tax Parcel Numbers 043 016 (200 Rockwood Boulevard) and 044C5 S099 (205 Rockwood Boulevard) on the Athens-Clarke County tax maps being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The date of this amendment on 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, 301 College Avenue, Athens, Georgia, and duly noted in the minutes of the Commission meeting. SECTION 2. The following conditions of zoning shall be associated with this ordinance: 1. The applicant/developer shall construct dwellings in a townhouse or duplex style and each such dwelling must be on its own fee simple lot in order to fit within the design context of the subdivision. 2. There shall be allowed up to eight (8) dwelling units or seventeen (17) bedrooms that do not require linear street frontage. 3. The following Residential, Commercial, and Institutional uses provided for in Section 9-8-2 of the Code of Athens-Clarke County, Georgia shall be prohibited. a. Boarding House/Rooming House b. Halfway House c. Bed and Breakfast d. Convenience Store e. Laundry Facilities f. Restaurant/Bar g. Retail Sales and Service h. Business/Trade Schools i. Cemeteries j. Colleges k. Day Care, Kindergarten, Elementary, Middle, and High School l. Drug Rehabilitation Center or Other Facility for Treatment of Drug Dependency m. Fraternity or Sorority  n. Hospital o. Medical Centers p. Nursing Homes q. Semi-Public Halls, Clubs, or Lodges SECTION 3. All other ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on request of Ed Lane / SPG Planners & Engineers, Owner: SynForge LLC, for rezoning from RM-1 to RM-2 on 0.877 acres known as 180 & 190 Pinecrest Drive. Proposed use is Residential Multi-Family. Type I District 4 Planning Commission recommendation: Approval Public input 1. Kevin Bentley – supported 2. Terry Osbolt – supported 3. Hillary Rushton – opposed Commissioner Davenport arrived at 6:28 p.m. 4. Scott Weaver - supported 5. Nancy Woodruff - opposed 6. Edward Kelley - opposed 7. Rita Kelley - opposed 8. Tapley Martin - opposed 9. Marilyn Vickers - opposed 10. Brian Weaver - supported A motion was made by Commissioner Wright, seconded by Commissioner Taylor, to DENY the request of Ed Lane / SPG Planners & Engineers, Owner: SynForge LLC, for rezoning from RM-1 to RM-2 on 0.877 acres known as 180 & 190 Pinecrest Drive. The motion passed by unanimous vote. A public hearing was held on request of Brian Kimsey / Carter Engineering, Owner: BRRG Development Company LLC, for rezoning from E-I to I on 15.1 acres known as 231 Collins Industrial Boulevard. Proposed use is Heavy Manufacturing. Type II District 9 Planning Commission recommendation: Approval w/conditions Public input 1. Stephen Banks - supported 2. Mark Campbell - supported A motion was made by Commissioner Thornton, seconded by Commissioner Taylor, to DENY the request of of Brian Kimsey / Carter Engineering, Owner: BRRG Development Company LLC, for rezoning from E-I to I on 15.1 acres known as 231 Collins Industrial Boulevard. A substitute motion was made by Commissioner Culpepper, seconded by Commissioner Link, to adopt the following ordinance (#25-08-78) which was presented by title only. The motion passed by roll call vote with Commissioners Culpepper, Myers, Hamby, Davenport, Link, Wright, and Johnson voting YES and Commissioners Thornton, Taylor, and Fisher voting NO (7 YES; 3 NO). AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO REZONING ONE PARCEL OF LAND COMPRISING APPROXIMATELY 15.1 ACRES LOCATED AT 231 COLLINS INDUSTRIAL BOULEVARD FROM E-I (EMPLOYMENT-INDUSTRIAL) TO I (INDUSTRIAL); AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The map constituting the component part of the Zoning Ordinance of Athens-Clarke County, Georgia, by virtue of and in compliance with Sections 9-3-3 and 9-3-6 thereof, is hereby amended by changing the zoning of one parcel of land comprising approximately 15.1 acres and located at 231 Collins Industrial Boulevard from E-I (Employment-Industrial) to I (Industrial) as shown on Attachment A hereto.  The affected parcel of land is more particularly described in that certain document entitled “Conceptual Site Plan,” designated in the lower right-hand corner as sheet number “C 4.0,” prepared by Carter Engineering,” dated May 30, 2025, 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. The affected parcel is also known as Tax Parcel Number 162 024D on the Athens-Clarke County tax maps being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The date of this amendment on 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, 301 College Avenue, Athens, Georgia, and duly noted in the minutes of the Commission meeting. SECTION 2. The following conditions of zoning shall be associated with this ordinance: 1. The following Industrial uses provided for in Section 9-11-2 of the Code of Athens-Clarke County, Georgia shall be prohibited: a. Feed Lots or Slaughter Houses b. Junk Yards and Auto Wrecking c. Transfer Stations d. Sanitary Landfills, Landfills, or Commercial Incinerators e. Asphalt Plants f. Mines, Mining, Surface Mining, Quarries, Gravel Pits, or Sand Pits. 2. The applicant/developer shall provide a 50 feet wide vegetated buffer along the northwestern and northeastern property lines where adjacent parcels are zoned for residential uses to minimize impact on those neighboring parcels. 3. Vehicular access shall only come from Collins Industrial Boulevard. 4. The total conserved canopy of the site shall be at least 50%. SECTION 3. All other ordinances or parts of ordinances in conflict herewith are hereby repealed. A public hearing was held on request of Scott Haines / W & A Engineering, Owner: Rattman SM LLC, for planned development amendment of a C-N & I (PD) on 18.174 acres known as 355 Oneta Street. Proposed use is Residential-Commercial-Industrial Mixed-Use. Type II District 5 Planning Commission recommendation: Approval (unanimous) Public input 1. Scott Haines – supported A motion was made by Commissioner Fisher, seconded by Commissioner Link, to adopt the following ordinance (#25-08-79) which was presented by title only. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO AMENDING A PLANNED DEVELOPMENT COMPRISING APPROXIMATELY 18.174 ACRES LOCATED AT 355 ONETA STREET C-N, I (PD) (COMMERCIAL-NEIGHBORHOOD & INDUSTRIAL, PLANNED DEVELOPMENT); AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The map constituting the component part of the Zoning Ordinance of Athens-Clarke County, Georgia, by virtue of and in compliance with Section 9-3-3 and Section 9-3-6 thereof, is hereby amended by revising a planned development consisting of approximately 18.174 acres in total and located at 355 Oneta Street, Athens, Georgia, in the C-N, I (PD) (Commercial-Neighborhood & Industrial, Planned Development) district as shown on Attachment A hereto. Said affected planned development is more fully described in that certain document entitled “PD Site Plan,” said document having an issue date of May 30, 2025, prepared by Scott A. Haines, registered landscape architect, of W&A Engineering, designated in the lower right-hand corner as “PD-01,” 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. The impacted parcels within the planned development are also known as parcel numbers 114B 019 and 114B2 D009 on the Athens-Clarke County tax maps, being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The area within the planned development subject to the amendment described herein consists of approximately 0.22 acres. The date of this amendment to the Official Zoning Map of Athens-Clarke County as shown by Attachment A shall be noted on said Official Zoning Map in the office of the Clerk of Commission at 301 College Avenue, Athens, Georgia, and duly noted in the minutes of the Commission meeting. SECTION 2. The binding master site plan associated with this ordinance and incorporated herein by reference consists of six sheets in total. Each sheet is titled,numbered, and dated as shown in the table below.  Sheet No.: Title: Date: PD-01 PD Site Plan May 30, 2025 A2.10 Building Elevations May 30, 2025 A2.11 Building Elevations May 30, 2025 A2.12 Building Elevations May 30, 2025 A2.13 Building Elevations May 30, 2025 A2.14 Building Elevations May 30, 2025 Upon adoption hereof, each sheet listed above shall be stamped “binding” and made 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 five pages in total, is entitled “Southern Mill D900 Condos Planned Development Amendment Narrative,” dated May 30, 2025, and signed by Scott Haines, PLA. Upon adoption hereof, the binding written report shall be stamped “binding” and made 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 request of Bryce Hix / W & A Engineering, Owner: Sean Tran, for rezoning from C-G to RM-2 on 0.9 acres known as 360 Hawthorne Extension. Proposed use is Unspecified. Type II District 2 Planning Commission recommendation: Approval (unanimous) Public input 1. Bryce Hix – supported A motion was made by Commissioner Link, seconded by Commissioner Hamby, to HOLD until September 2, 2025 the request of Bryce Hix / W & A Engineering, Owner: Sean Tran, for rezoning from C-G to RM-2 on 0.9 acres known as 360 Hawthorne Extension. The motion passed by unanimous vote. A public hearing was held on request of Request of Adam Killgo, Owner: Adam Killgo, for special use in RM-1 on 0.16 acres known as 159 Marlin Street. Proposed use is Commercial Short-Term Rental. Type II District 9 Planning Commission recommendation: Approval Public input 1. Adam Killgo A motion was made by Commissioner Thornton, seconded by Commissioner Davenport, to APPROVE the request of Adam Killgo, Owner: Adam Killgo, for special use in RM-1 on 0.16 acres known as 159 Marlin Street. A substitute motion was made by Commissioner Myers, seconded by Commissioner Link, to HOLD until September 2, 2025 the request of Adam Killgo, Owner: Adam Killgo, for special use in RM-1 on 0.16 acres known as 159 Marlin Street. The substitute motion passed by roll call vote with Commissioners Myers, Thornton, Hamby, Link, Johnson, Culpepper, and Taylor voting YES; Commissioner Davenport voted NO; Commission Wright abstained; and Commissioner Fisher recused. A public hearing was held on request of Kendra Katie Gambrell, Owner: William B & Kendra K. Gambrell, for special use in RM-1 on 1.9 acres known as 101 Woodlake Drive (Unit 506). Proposed use is Commercial Short-Term Rental. Type II District 7 Planning Commission recommendation: Denial Public input 1. Christina Citro – opposed  2. Micky Dillard – opposed 3. Alicia Maulden – opposed 4. Mary Stone – opposed 5. Jane Quandt - opposed A motion was made by Commissioner Culpepper, seconded by Commissioner Hamby, to DENY the request of Kendra Katie Gambrell, Owner: William B & Kendra K. Gambrell, for special use in RM-1 on 1.9 acres known as 101 Woodlake Drive (Unit 506). The motion passed by 9 YES votes. Commissioner Wright abstained. A public hearing was held on request of Athens-Clarke County Unified Government for amendments to section 9-4-15 of the Code of Ordinances regarding demolition review procedures. Planning Commission recommendation: Approval (unanimous) Public input 1. Steve Dashiell - supported A motion was made by Commissioner Hamby, seconded by Commissioner Link, to adopt the following ordinance (#25-08-80) 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 REVIEW OF EXTERIOR DEMOLITION OR RELOCATION APPLICATIONS; AND FOR OTHER PURPOSES The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Subsection C. entitled of Section 9-4-15 of the Code of Athens-Clarke County, Georgia, entitled “Applications and deadlines” is hereby deleted in its entirety and the following is added in lieu thereof: “C. Procedures for review of exterior demolition or relocation applications: 1. Purpose: The purpose of this Subsection is to prevent the loss of buildings that may have historical or architectural significance. The purpose of this Subsection is also to provide the time necessary to initiate designation as an individual landmark, inclusion in a historic district or to consider alternatives for the building. 2. Prior to submittal of an exterior demolition or relocation permit, all requests which include exterior demolitions or relocations shall first obtain approval of an exterior demolition or relocation review application from the Planning Department. 3. For applications that do not involve manufactured homes and structures locally designated as part of a historic district or as an individually designated l and mark, complete applications shall include all of the information requested on the application form, including photographs of all affected exterior elevations, a site plan indicating the structure(s) and a floor plan, if partial demolition is proposed, indicating the portions thereof affected, and information pertaining to the age of the structure (if available). 4. Within ten (10) calendar days of receipt of a complete application the Planning Department staff shall make a written determination of eligibility for an initial review. 5. An exterior demolition or relocation application shall be considered eligible for an initial review if staff determines that the application meets one of the two following criteria: a. The property is listed on the National Register of Historic Places as part of a historic district or as an individually listed property; or b. The structure appears to have been constructed over fifty (50) years ago as determined by the Planning staff using available resources. 6. The following applications shall be exempt from an initial review: a. Accessory structures of less than 500 square feet of gross floor area; b. Any structure determined by the Chief Building Official to be hazardous; or  c. Any structure located within E-O (Employment-Office); E-I (Employment- Industrial), or I (Industrial) zones; d. Any exterior demolition of architectural elevations that do not face a public right - of- way or private street or any demolition that does not exceed 50% or more of the total exterior walls of the structure; provided however, that the exemption from initial review granted under this subsection d. shall expire if not used within twenty-four (24) months from date of the initial demolition permit approval . 7. Within ten (10) calendar days of the receipt of a complete application, the Planning Director shall send written notice of a proposed demolition considered eligible for an initial review to the Athens-Clarke County Commissioner in whose district the affected property is located (the “District Commissioner”). In the event of a vacant position on the Commission for the district in which the affected property lies, the Planning Director shall send written notice of the proposed demolition to the Mayor, and the Mayor shall perform the duties of the Athens-Clarke County Commissioner for that district until such time as the vacant position is filled in accordance with the Charter. 8. Initial Review: The initial review by the District Commissioner shall be completed within thirty (30) calendar days after the District Commissioner accepts a completed application for review to determine whether there is any evidence to conclude that the building may be eligible for designation as an individual landmark or inclusion in a historic district. The District Commissioner shall consider the following criteria, and the District Commissioner’s decision must be based solely upon any, some, or all of the following criteria: a. The eligibility of the building for designation as an individual landmark consistent with the purposes and intent in section 8-5-1; b. The relationship of the building to the historic character, if any, of the neighborhood as an established and definable area; c. The reasonable condition of the building; and d. The reasonable projected cost of restoration or repair. If the District Commissioner determines that there would be no significant impact or potential detriment to the historic resources of Athens-Clarke County, the Planning Director shall approve the application if all other requirements of the process have been met, provided, however, that the District Commissioner may direct the Planning Staff to prepare photo documentation of the building(s) for the purpose of preserving a record of the building(s) development history. If the District Commissioner determines that there is any evidence to conclude that the building may be eligible for designation as an individual landmark or inclusion in a historic district, the approval of the application shall be stayed for up to ninety (90) calendar days from the date of the District Commissioner’s determination, and the application shall be referred to the Historic Preservation Commission for public hearing. The applicant shall be notified of the initial review determination within fourteen (14) calendar days of the decision. 9. Notice of Public Hearing: The Planning Department staff shall publish notice of the time, place, and subject matter of the public hearing before the Historic Preservation Commission in a newspaper of general circulation in Athens-Clarke County at least ten (10) calendar days before the hearing. At least ten (10) calendar days before the hearing, the Planning Department staff shall also: a. Post the property subject to the application to indicate that an application review appeal has been requested; and b. Mail written notice to the record owners of the property subject to the application. If the address of the property owner is not a matter of public record, any failure to send notice by mail does not invalidate any proceedings on the application. 10. Historic Preservation Commission hearings on applications: The Historic Preservation Commission shall hold a public hearing on the application related to determining whether the building to be relocated or demolished has historical significance upon any of the criteria set forth in subsection 8 of this section C. At the public hearing, all persons supporting and opposing a determination that the building to be relocated or demolished has historical significance may take either one of two different opportunities to address the Historic Preservation Commission, pursuant to the procedures prescribed below: a. Proponents shall first present their ten (10) minute argument in support of a determination that the building to be relocated or demolished has historical  significance, and opponents shall then present their ten (10) minute argument in opposition to said determination. b. Neither side will be required to use all of its ten (10) minute argument period. c. Either side may allocate its ten (10) minute argument period among any number of speakers, provided that the presentation by all speakers for each side shall not exceed ten (10) minutes per side. d. All persons wishing to speak longer than three (3) minutes during one side’s ten (10) minute argument period must register their intent to do so with the Planning Director or his designee not later than the time that the public hearing of the Historic preservation commission is first called to order. e. In the event that all persons wishing to speak longer than three (3) minutes as a part of one side’s ten (10) minute argument are not able to agree how that side’s ten (10) minute argument period shall be allocated, they shall inform the Chairman of the Historic Preservation Commission of their disagreement before either side begins its 10-minute argument, in which event the Chairman shall decide and announce the manner in which that side’s ten (10) minute argument period shall be allocated. Any Commissioner dissatisfied with the Chair’s allocation of that side's ten (10) minute argument shall have the right to appeal the Chair’s allocation decision to the Commission before either side begins its ten (10) minute argument. f. After the supporter and opponents of the proposed amendment have concluded their ten (10) minute arguments, any person who has not yet spoken either for or against the proposed amendment shall be allowed to address the Mayor and Commission concerning the proposed amendment for no longer than three (3) minutes per person. If the Historic Preservation Commission fails to hold a public hearing within ninety (90) calendar days from the date of the District Commissioner’s determination, the Planning Director shall approve the application if all other requirements of the process have been met. 11. Decision of the Historic Preservation Commission: If the Historic Preservation Commission finds that the building to be relocated or demolished does not have historical significance under the criteria set forth in paragraph 8 of this subsection C., the Planning Director shall approve the application if all other requirements of the process are met. If the Historic Preservation Commission finds that the building may have historical significance under the criteria set forth in paragraph 8 of this subsection C., the application shall be suspended for a period not to exceed one hundred eighty days from the date of the Historic Preservation Commission’s finding. 12. Stay Period: During the period of a stay of the application process, the Historic Preservation Commission may take any action that it deems necessary and consistent with Chapter 8-5 to preserve the structure, including, without limitation, consulting with civic groups, the Mayor and Commission of Athens-Clarke County, Georgia, and interested citizens; recommending acquisition of the property by private or public bodies or agencies; exploring the possibility of moving buildings that would otherwise be demolished; and salvaging building materials. If landmark or historic district designation has not been initiated during the one-hundred eighty (180) day stay period, the Planning Director shall approve the application if all other requirements of the process have been met. 13. Approval of any exterior demolition or relocation review application granted in accordance with the terms of this title shall expire if not used within twenty -four (24) months from date of approval. Said approval shall not be deemed used until a demolition or relocation permit has actually been issued, if applicable, and the approved demolition or relocation completed.” SECTION 2. (a) It is hereby declared to be the intention of the Commission that all sections, paragraphs, sentences, clauses, and phrases of this Ordinance are and were, upon their enactment, believed by the Commission to be fully valid, enforceable, and constitutional. (b) It is hereby declared to be the intention of the Commission that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Chapter is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Commission that, to the greatest extent allowed by law, no section, paragraph,  sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance. (c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Commission that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and effect. SECTION 3. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION 4. This Ordinance shall become effective immediately upon its approval by the Mayor or its adoption into law without such approval. Old and new business – Discussion Public input 1. Dr. Cshanyse Allen – Short-term rental and rock quarry concerns 2. Willa Fambrough – Rock quarry concerns A motion was made by Commissioner Wright, seconded by Commission Hamby, to a) Approve the 2025 Local Maintenance Improvement Grant Project Report, as shown in Attachment #2, which will partially comprise the Fiscal Year 2026 Guardrail Repair/ RRFB Replacement Project as per agenda report dated June 9, 2025; b) Authorize the Mayor and appropriate staff to apply for and accept up to $253,000 in Local Maintenance Improvement Grant funds that are anticipated to be available by Georgia Department of Transportation in accordance with the Transportation and Investment Act using the GDOT application process identified in Attachment #2; c) Adopt the following ordinance (#25-08-81) which was presented by title only; and, d) Authorize the Mayor and appropriate staff to execute all documents associated with the allocated funds. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE FY2026 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE GRANT FUNDING TO THE TRANSPORTATION & PUBLIC WORKS DEPARTMENT FROM THE GEORGIA DEPARTMENT OF TRANSPORTATION (GDOT) 2025 LOCAL MAINTENANCE IMPROVEMENT GRANT (LMIG) SAFETY ACTION PLAN (SAP)FOR GUARDRAIL REPAIR; 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 to the Transportation & Public Works Department from the Georgia Department of Transportation (GDOT) 2025 Local Maintenance Improvement Grant (LMIG) Safety Action Plan (SAP) for guardrail repair. Said Operating and Capital budget is hereby amended as follows: Grants Special Revenue Fund: REVENUES: Increase: 2025 LMIG SAP Grant $253,000 Expenditures: Increase: Transportation & Public Works Department: Capital Expenses $253,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. The motion passed with 9 YES votes. Commissioner Johnson voted NO. A motion was made by Commissioner Hamby, seconded by Commissioner Thornton, to a. Award a Design & Installation Services Contract to Encore Interpretive Design, LLC in an amount not‐to‐exceed $317,5000, for Sub‐Project #2 (SPLOST 2020 – Project 15 Sandy Creek Nature Center Exhibit) as per agenda report dated June 6, 2025; b. Adopt the following ordinance (#25-08-82) which was presented by title only; and, c. Authorize the Mayor and appropriate staff to execute all project related documents. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE SPECIAL PURPOSE LOCAL OPTION SALES TAX 2020 PROGRAM BUDGET SO AS TO PROVIDE ADDITIONAL FUNDING FOR PROJECT #15 SANDY CREEK NATURE CENTER EXHIBIT; 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 SPLOST 2020 Capital Projects Fund to provide additional funding for the SPLOST 2020 Project #15 Sandy Creek Nature Center Exhibit. Said Operating and Capital budget is hereby amended as follows: SPLOST 2020 Capital Projects Fund: REVENUES: INCREASE: SCNC, Inc. Donation up to $30,000 Interest Earnings up to $30,000 Total up to $60,000 EXPENDITURES: INCREASE: Project #15 - SCNC Exhibit up to $60,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A motion was made by Commissioner Johnson, seconded by Commissioner Hamby, to a. Adopt the following ordinance (#25-08-83) which was presented by title only to amend the FY25 General Fund Budget and authorize the Manager to transfer departmental budgets at fiscal year- end to cover departmental and constitutional office budget overages (Attachment #1) as per revised agenda report dated August 4, 2025. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE FY2025 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE FUNDING FOR OPERATING BUDGET OVERAGES FOR THE SHERIFF’S OFFICE AND TRANSPORTATION AND PUBLIC WORKS; 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 operating budget overages Sheriff’s Office. Said Operating and Capital budget is hereby amended as follows: General Fund: EXPENDITURES: Decrease: Other General Administration Various Departments up to $450,000 Increase: Operating Expenses Sheriff’s Office up to $450,000 Decrease: Other General Administration Various Departments up to $60,000 Increase: Operating Expenses Transportation & Public Works up to $60,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A motion was made by Commissioner Wright, seconded by Commissioner Hamby, to a. Approve the lease agreement as generally shown in (Attachment #1), with West Washington Building, LLC for the office space located at 125 West Washington St, Suite 775 as per revised agenda report dated July 1, 2025; and, b. 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 Thornton, to a. Approve the application to rename the Lyndon House Arts Center’s South Gallery after Nancy Lukasiewicz as per agenda report dated May 20, 2025; and b. Authorize the Manager and Leisure Services staff to take the appropriate steps to implement the name change. The motion passed by unanimous vote. A motion was made by Commissioner Fisher, seconded by Commissioner Thornton, to HOLD the Rock Hill Quarry Design Concept. The motion passed by unanimous vote. Commissioner Thronton exited at 8:18 p.m. A motion was made by Commissioner Wright, seconded by Commissioner Fisher, to HOLD Sanford Stadium Sanitary Sewer Interceptor Improvement Project – Phase II – Memorandum of Understanding. The motion passed by 9 YES votes. Commissioner Thornton was absent. Public input on items other than those listed on the agenda 1. Kenneth Watis – Bridge the Spanish and English speaking community Commissioner Thornton returned at 8:20 p.m. 2. Steve Dashiell - SPLOST Referendum concerning the College Avenue trestle 3. Brian Middleton – Self-awareness program FROM MAYOR GIRTZ: Mayor Girtz requested approval for a Resolution on a Youth Placemaking Grant Application for $500. A motion was made by Commissioner Hamby, seconded by Commissioner Fisher, to adopt the Resolution for Youth Placemaking Grant Application. The motion passed by unanimous vote. UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY RESOLUTION WHEREAS, the Mayor and Commission of the Unified Government of Athens-Clarke County is authorized by O.C.G.A. § 36-37-2 to accept donations of property subject to conditions of the donor; and WHEREAS, GeorgiaForward, Inc., a Georgia Non-Profit Corporation, has created a Youth Placemaking Grant for Youth Councils in the State of Georgia, to fund youth-led public placemaking projects; and WHEREAS, GeorgiaForward, Inc., allows one application per city and will award grants of up to $500.00 per city; and WHEREAS, the Mayor’s Youth Council for the Unified Government of Athens-Clarke County has proposed a public placemaking project which has been approved by the governing authority; and WHEREAS, GeorgiaForward, Inc., has chosen to award to the city $500.00 for such proposed public placemaking project under the condition that the city utilize such funds solely for the purpose of the Mayor’s Youth Council for the Unified Government of Athens-Clarke County to complete such public placemaking project, that the youth council submit a final report about the project upon completion, and that such project is completed by September 26, 2025 or the funding will be returned; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Commission of the Unified Government of Athens-Clarke County, and by the authority of same, IT IS HEREBY RESOLVED that the Unified Government of Athens-Clarke County will accept from GeorgiaForward, Inc., its successors, affiliates, or assigns, the funding for such public placemaking project under the condition that such funds be solely utilized for the purpose of the Mayor’s Youth Council of the Unified Government of Athens-Clarke County to complete such public placemaking project, that the youth council submit a final report about the project upon completion, and that such project is completed by September 26, 2025 or the funding will be returned. FROM MANAGER COWELL: 1. Contingency transfers for Police, Probate Court, Sheriff, State Court and Tax Commissioner 2. Thankful for the first week and two days FROM AUDITOR HASSEMER: 1. With the acceptance of the Transit audit, there will be a follow-up for the annual review of the Economic Development audit that will complete the FY25 work plan COMMISSIONER HAMBY: 1. Interested in the Future Land Use plan COMMISSIONER THORNTON: 1. Announced re-election campaign for Commissioner of District 9 2. Attended the Rally Up, Guns Down event hosted by Lamar Handy’s foundation which helped influence her decision to run again 3. Looking forward to finishing the work that God has placed upon her to do COMMISSIONER MYERS: 1. Recommended tiering documents of SPLOST Program be posted on website 2. Requested pay equity update COMMISSIONER CULPEPPER: 1. Regarding the Transit Department audit – we may need to look at charging fares and the cost of reinstalling meters. There was a SPLOST project that referenced Transit that we could use to assist. COMMISSIONER JOHNSON: 1. Thanked everyone for coming out to her family, fun day event – special thanks to the Fire Department, Solid Waste Department, and Police Department. 2. Congratulated ACCPD employees that were promoted 3. Thanked Molly Depriest from the Planning Department for following up with her on a resident’s concern. 4. Enjoyed the opportunity to work with the Creekside community and Carter Engineering COMMISSIONER FISHER: 1. Thanked the Rolling Ridge and Westchester communities for their icicle popups along with the Sheriff and Police Department – special thanks to Marshe Sanders, Lesley Moore, and Usha Fleming. 2. Thanked the community for organizing the various Back-to-School events and suggested holding a large, community-wide Back-to-School bash downtown next year. COMMISSIONER WRIGHT: 1. Be mindful now that school is back in session COMMISSIONER TAYLOR: 1. Thanked all the non-profits including the Sheriff’s Office that did Back-to School events. Thanked everyone who assisted and/or donated to her Back-to-School event – special thanks to Attorney Drake for attending. 2. Be mindful now that school is back in session COMMISSIONER LINK: 1. Attended ribbon cutting along with Commissioners Taylor and Thornton for five new homes on Dublin Street (for a total of eight) built by Athens Land Trust thanks in part to ARPA funding COMMISSIONER DAVENPORT: 1. Looking forward to the Costa Building grand opening on Friday, August 15 2. Inquiry to staff on Vision Zero regarding a couple of pedestrian deaths that occurred 3. Heartfelt good-bye to Jason Harwell of the Communications Department 4. Praying for students to have a wonderful school year Commissioners and staff all welcomed Bob Cowell, our new Manager. A motion was made by Commissioner Davenport, seconded by Commissioner Taylor, to adjourn. The motion passed by unanimous vote. The meeting adjourned at 8:44 p.m. ________________________________ Deputy Clerk of Commission