Mayor & Commission Meetings

Unified Government of Athens-Clarke County, Georgia Mayor and Commission Tuesday, October 7, 2025 6:02 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, and Hamby. Commissioner Johnson arrived at 6:04 p.m. Commissioner Thornton was absent. A motion was made by Commissioner Taylor, seconded by Commissioner Davenport, to approve the Minutes of meetings of Tuesday, September 2; Tuesday, September 16 and Tuesday, September 30 and non-voting meetings of Tuesday, September 9; Tuesday, September 16; Friday, September 19 and Saturday, September 20, 2025. The motion passed by 8 YES votes. Commissioner Johnson was absent. Written Communications There were none. Commissioner Johnson arrived at 6:04 p.m. Items under this section were discussed at prior public meetings and were presented for consideration as a single item. Only one vote was taken. Public Input 1. Linda Wood opposed Standard and Heavy-Duty Wrecker On-Call Contracts A motion was made by Commissioner Hamby, seconded by Commissioner Fisher, to consent to action on the following 17 items. The motion passed by 8 YES votes. Commissioner Johnson voted NO. 1. a. Approve the submission of an application for the Recreational Trails Program grant from the Georgia Department of Natural Resources to fund trail improvements, which will convert a natural surface trail to a paved surface trail, creating a more accessible connection between Whit Davis and the Lexington Road side of Southeast Clarke Park as per agenda report dated August 19, 2025; b. Accept the grant funds, if awarded; c. Adopt the following ordinance (#25-10-93) which was presented by title only; d. Adopt the associated resolution; and e. Authorize the Mayor and relevant staff to execute all contracts and related documents. AN ORDINANCE TO AMEND THE FY2026 OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE GRANT FUNDING, IF AWARDED, FROM THE GEORGIA DEPARTMENT OF NATURAL RESOURCES RECREATIONAL TRAILS PROGRAM (RTP) FOR EXPENSES RELATED TO RECREATIONAL TRAILS AT SOUTHEAST CLARKE PARK; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The Commission of Athens-Clarke County, Georgia desires to amend the Grants Special Revenue Fund to provide grant funding, if awarded, from the Georgia Department of Natural Resources Recreational Trails Program (RTP) grant for expenses related to the recreational trails at Southeast Clarke Park. Said Operating budget is hereby amended as follows: Grants Special Revenue Fund: REVENUES: Increase: GA DNR Recreational Trails Program Grant $200,000 EXPENDITURES:  Increase: Leisure Services Capital Expenses $200,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Recreational Trails Program (RTP) Grant Cycle 2025-2026 Resolution WHEREAS, the Unified Government of Athens-Clarke County supports the Leisure Services Department grant application submitted to the Georgia Department of Natural Resources for the Recreational Trail Program (RTP) Grant, understanding the application is for Southeast Clarke Park Trail Improvement project, which will enhance accessibility by converting a natural surface trail into a paved trail connecting the Whit Davis and Lexington Road side of the park. This will create an accessible trail to areas like World of Wonder Playground, the Athens Skate Park, nearby residential areas, and the forthcoming transit station. WHEREAS, the Unified Government of Athens-Clarke County recognizes the twenty percent (20%) match requirement for the RTP grant program and has secured the matching funds specified in the pre-application; NOW, THEREFORE, BE IT RESOLVED, if the Unified Government of Athens-Clarke County is awarded a reimbursement-based grant by the Georgia Department of Natural Resources, the Unified Government of Athens-Clarke County agrees to accept the grant award and may enter into an agreement with the State of Georgia for the above- referenced project. The Unified Government of Athens-Clarke County will comply with all applicable laws, environmental requirements, and regulations as stated in the grant agreement. 2. a. Authorize the four new Leaf and Limb positions approved with the FY26 Annual Operating and Capital Budget to start beginning in October 2025 as per agenda report dated August 18, 2025; b. Approve contingency funding in the amount up to $48,000 to allow for the expedited hiring of four new positions for the Leaf and Limb Program approved in the FY26 Operating and Capital Budget; c. Adopt the following ordinance (#25-10-94) which was presented by title only; and, d. Authorize Mayor and staff to execute all related contracts and documents. AN ORDINANCE TO AMEND THE FY2026 OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE FUNDING FOR OPERATING EXPENSES RELATED TO A LEAF AND LIMB FREQUENCY INCREASE; 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 for operating expenses related to an increase to the Leaf & Limb frequency. Said Operating budget is hereby amended as follows: General Fund: REVENUES: Decrease: Operating Contingency Up to $48,000 EXPENDITURES: Increase: Solid Waste Personal Services Up to $48,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.  3. a. Approve grant applications for the Georgia Outdoor Stewardship Program (GOSP) Grant: Memorial Park Master Plan Implementation submitted for consideration totaling $3,000,000 as per agenda report dated August 18, 2025; b. Accept the grant funds, if awarded; c. Adopt the following ordinance (#25-10-95) which was presented by title only; d. Adopt the resolution and, e. Authorize the Mayor and appropriate ACCGov staff to execute all related grant documents, agreements, and contracts. AN ORDINANCE TO AMEND THE FY2026 OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE GRANT FUNDING, IF AWARDED, FROM THE GEORGIA DEPARTMENT OF NATURAL RESOURCES – GEORGIA OUTDOOR STEWARDSHIP PROGRAM (GOSP) GRANT, FOR EXPENSES RELATED TO THE IMPLEMENTATION OF THE MEMORIAL PARK MASTER PLAN; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The Commission of Athens-Clarke County, Georgia desires to amend the Grants Special Revenue Fund to provide grant funding, if awarded, from the Georgia Department of Natural Resources for expenses related to the implementation of the Memorial Park Master Plan. Said Operating budget is hereby amended as follows: Grants Special Revenue Fund: REVENUES: Increase: GA DNR GOSP Grant $3,000,000 EXPENDITURES: Increase: Leisure Services Capital Expenses $3,000,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. RESOLUTION Georgia Outdoor Stewardship Program (GOSP) Grant Cycle 2025-2026 WHEREAS, the Unified Government of Athens-Clarke County supports the Leisure Services Department's grant application to the Georgia Department of Natural Resources for the Georgia Outdoor Stewardship Program (GOSP) Grant, understanding that the application focuses on Memorial Park Master Plan Implementation, and; WHEREAS, the Unified Government of Athens-Clarke County recognizes the twenty-five percent (25%) match requirement for the GOSP grant program and has secured the matching funds. WHEREAS, the Unified Government of Athens-Clarke County and the community at large have demonstrated support for Memorial Park through public input sessions, master plan approval, and approved SPLOST initiatives; this body recognizes the need for additional funding to expand outdoor recreation and protect the natural resources located at Memorial Park. NOW, THEREFORE, BE IT RESOLVED, if the Unified Government of Athens-Clarke County is awarded a reimbursable grant by the Georgia Department of Natural Resources, the Unified Government of Athens-Clarke County agrees to accept the grant award and may enter into an agreement with the State of Georgia for the above-referenced project. The Unified Government of Athens-Clarke County will comply with all applicable laws, environmental requirements, and regulations as stated in the grant agreement to complete this project. 4. a. Adopt a Resolution (Attachment # 1) authorizing the submission of an application to the Georgia Department of Transportation for FY 2027 Federal Transit Administration – 5339 Bus and Bus Facilities assistance in the amount of $1,652,517 as per agenda report dated August 21, 2025; b. Authorize the acceptance of the grant at the currently projected level or alternative level, if awarded; and, c. Authorize the Mayor and appropriate staff to execute all associated documents. RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, AND GEORGIA DEPARTMENT OF TRANSPORTATION, FOR A GRANT UNDER TITLE 49 U.S.C., SECTION 5339. WHEREAS, the Federal Transit Administration and the Georgia Department of Transportation are authorized to make grants to non-urbanized (rural) areas for mass transportation projects; and WHEREAS, the contract for financial assistance will impose certain obligations upon Applicant, including the provision of the local share of project costs; and WHEREAS, it is required by the United States Department of Transportation and the Georgia Department of Transportation in accordance with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Federal Transit Act, the applicant gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the United States Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that Minority Business Enterprise (Disadvantaged Business Enterprise and Women's Business Enterprise) be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority business shall have the maximum feasible opportunity to compete for contracts and purchase orders when procuring construction contracts, supplies, equipment contracts, or consultant and other services. NOW THEREFORE, BE IT RESOLVED BY the Unified Government of Athens-Clarke County hereinafter referred to as the “Applicant”, 1. That the Designated Official Mayor Kelly Girtz, hereinafter referred to as the “Official, is authorized to execute and file an application on behalf of the Unified Government of Athens-Clarke County with the Georgia Department of Transportation, to aid in the purchase of bus transit vehicles and/or the planning, development, and construction of bus transit-related facilities pursuant to Section 5339 of the Federal Transit Act. 2. That the Official is authorized to execute and file such application and assurances, or any other document required by the U.S. Department of Transportation and the Georgia Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. 3. That the Official is authorized to execute and file all other standard assurances, or any other document required by the Georgia Department of Transportation or the U.S. Department of Transportation in connection with the application for public transportation assistance. 4. That the Official is authorized to execute grant contract agreements on behalf of the Applicant with the Georgia Department of Transportation. 5. That the Official is authorized to set forth and execute Minority Business Enterprise, DBE (Disadvantaged Business Enterprise) and WBE (Women Business Enterprise) policies and procedures in connection with the project's procurement needs as applicable. 6. That the applicant while making application to or receiving grants from the Federal Transit Administration will comply with FTA Circular 9030.1E, FTA Certifications and Assurances for Federal Assistance 2025 as listed in this grant application and General Operating Guidelines as illustrated in the Georgia State Management Plan. 7. That the applicant has or will have available in the General Fund the required non-federal funds to meet local share requirements for this grant application. 5. a. Adopt the Local Emergency Operations Plan (Attachment # 1) as per agenda report dated June 24, 2025; and, b. Authorize Mayor and staff to execute all related documents.  6. a. Approve an award of $482,528 to IDIS Americas, Inc. for the proposal provided in response to (RFP 25035) to replace the ACC Transit fleet surveillance system as per agenda report dated August 26, 2025; and b. Authorize the Mayor and appropriate staff to execute all related documents. 7. a. Approve an agreement with Eastern Aviation Fuels, Inc, dba Titan Aviation Fuels to provide the Athens – Ben Epps Airport with aviation type fuel (Attachment #1) as per agenda report dated August 13, 2025; b. Approve an agreement with Titan Aviation Fuels to provide the airport with AvGas and Jet A refueler trucks (Attachment #2); c. Approve a designation of Eastern Aviation Fuels, Inc dba Titan Aviation Fuels, as the apparent lowest responsive and responsible bidder for the purpose of supplying aviation type fuel and refueler trucks to the Athens – Ben Epps Airport; and d. Authorize the Mayor and appropriate staff to execute all related documents. 8. a. Approve the Standard and Heavy-Duty Wrecker On-Call Service award of the standard duty contract such that: i. 40% of all standard-duty wrecker service tows be awarded to Barrett’s Towing, Inc; and ii. The remaining 60% of standard duty wrecker service tows be divided equally among the remaining qualified vendors: Dennis and Judy’s Towing, J W Shuman Services, Inc., and S&J Roadside Service LLC. as per agenda report dated August 14, 2025. b. Approve the award of the heavy-duty contract such that: i. 100% of all heavy-duty wrecker service tows be awarded to J W Shuman Services, Inc; and ii. S&J Roadside Service LLC be designated as a back-up, should the need arise. c. Authorize the Mayor and appropriate staff to execute all related documents. 9. a. Approve a 3-year maintenance service contract for all generator systems at the Public Utilities Department’s water and wastewater treatment facilities in the amount of $287,443 as per agenda report dated August 13, 2025; and b. Authorize the Mayor and appropriate staff to sign all documents related to the contract. 10. a. Approve the Project Concept for Sub-Project #5 (FY26 Annual Work Program of Facilities Equipment / Systems Replacement projects, including primary and alternative initiatives) for SPLOST 2020 Project 27, as described in Facts and Issues #8 as per revised agenda dated September 18, 2025; b. Authorize staff to advance the Project Concept for Sub-Project #5 directly to the bid and award phase; and, c. Authorize the Mayor and appropriate staff to execute all related documents. 11. a. Approve an hourly rate, not-to-exceed, Professional Services contract in the amount of $379,665 to Pond and Company for design and construction administration services for the TSPLOST 2023 Project 14, North Athens Transportation Improvements (Sub- Project #1) as per agenda report dated August 15, 2025; and b. Authorize the Mayor and appropriate staff to execute all related documents. 12. a. Approve the Proposed Preliminary Design for the TSPLOST 2023 Project 15 Sycamore Drive Pedestrian Improvements, as generally shown in Attachment #1 as per agenda report dated August 18, 2025; b. Authorize staff to acquire the necessary right-of-way and easements and subsequently enter into the bid & award phase for this project; c. Approve the Proposed Public Art Location, as shown on Attachment #1; and, d. Authorize the Mayor and appropriate staff to execute any necessary utility relocation agreements and other project related documents. 13. a. Approve the Proposed Project Concept for the TSPLOST 2023 Project 17 Stonehenge Neighborhood Pedestrian Improvements, as generally shown in Attachment #1 as per revised agenda report dated September 18, 2025; b. Authorize staff to advance the Proposed Project Concept for Stonehenge Neighborhood Area Pedestrian Improvements (TSPLOST 2023 Project 17) into the Schematic Design Phase; c. Approve the Athens Cultural Affairs Commission (ACAC) recommendation that the project is appropriate for Public Art with a proposed budget of $30,000; and, d. Authorize the Mayor and appropriate staff to execute all related documents. 14. a. Ratify the award of a Total Unit Price Purchase Order under emergency authorization for the modernization of the Parking Deck Elevator at the Courthouse to Premier Elevator for a cost not to exceed $225,000 as per agenda report dated August 19, 2025; and, b. Authorize the Mayor and appropriate staff to execute all related documents. 15. a. Approve the Agreement with Gas South, a subsidiary of Cobb EMC (Attachment #1); b. Approve the Memorandum of Understanding with Action, Inc. to administer the program (Attachment #2) as per agenda report dated June 16, 2025; and c. Authorize the Mayor and appropriate staff to execute all related documents. 16. a. Approve a task order for Hazen and Sawyer to Design a new operations building for the Middle Oconee Water Reclamation Facility (MOWRF) as per agenda report dated August 13, 2025, and: b. Authorize the Mayor and appropriate staff to sign all documents related to the work authorization. 17. Approve appointments to the Keep Athens-Clarke County Beautiful Board: Meg Kozinsky Three-year term expiring June 30, 2028 Karolyn Troupe Three-year term expiring June 30, 2028  Irena Epling Three-year term expiring June 30, 2028 Rachel Mills Three-year term expiring June 30, 2028 Public hearing and deliberation on recommendations from the Athens-Clarke County Planning Commission A public hearing was held on request of William J. Diehl / Thompson O’Brien Kappler & Nastuti PC, Owner FAE Clarke LLC, for rezoning from AR to E—I on 233.09 acres known as 0 Old Elberton Road. Proposed use is Industrial. This will require an amendment to the Future Land Use from Rural to Employment Center. Type I District 3 Planning Commission recommendation: Future Land Use: Denial (unanimous) Rezoning: Denial (unanimous) Public input 1. Sally Sanfield-Allen – opposed 2. Angela Greene – opposed 3. Isabel Scott – opposed 4. Carrie Valentine – opposed 5. William J. Diehl - supported 6. Marilyn Vickers - opposed 7. Thomas Evans – opposed 8. Adam Evans – opposed 9. Karen Griffin opposed 10. Jacob Campbell – opposed 11. Elle Lewis – opposed A motion was made by Commissioner Taylor, seconded by Commissioner Link, to DENY the Future Land Use for 0 Old Elberton Road. The motion passed by unanimous vote. A motion was made by Commissioner Taylor, seconded by Commissioner Link, to DENY the Rezoning for 0 Old Elberton Road. The motion passed by unanimous vote. A public hearing was held on request of Jennifer Howard / Boulevard Animal Hospital, Owner: Douglas C. Henson, Jr. / Nelms L. Bell, Sr, Trust, for Special Use in C-O on 0.97 acres known as 600 Oglethorpe Avenue. Proposed use is Veterinary Clinic. Type II District 5 Planning Commission recommendation: Approval w/ condition (unanimous) Public input There was none. A motion was made by Commissioner Fisher, seconded by Commissioner Link, to adopt the following ordinance (#25-10-96) which was presented by title only. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNT, GEORGIA WITH RESPECT TO SPECIAL USE APPROVAL IN THE C-O (COMMERCIAL-OFFICE) DISTRICT FOR ONE PARCEL OF LAND LOCATED AT 600 OGLETHROPE AVENUE; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The current C-O (Commercial-Office) District is hereby amended to provide for special use approval of a veterinary clinic. The subject parcel of land is approximately 0.97 acres, is located at 600 Oglethorpe Avenue, and is known as Tax Parcel Number 114C3 C001B 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 to the Official Zoning Map as shown by Attachment A hereto shall be noted on the Official Zoning Map in the office of the Clerk of Commission and duly noted in the minutes of the Commission meeting. The subject parcel of land is more particularly described in that certain document entitled “Retracement Boundary Survey,” designated in the lower right-hand corner as sheet “1 of 1,” prepared by Steven R. Crim, registered land surveyor, dated August 1, 2025, and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. Sheet No.: Title/Description Date: 1 of 1 Retracement Boundary Survey August 1, 2025 A-1.0 Proposed Exterior Building Improvements July 30, 2025 SECTION 2. The binding site plan associated with this ordinance and incorporated herein by reference consists of two (2) pages in total. Each page is described in the table below. Each sheet listed above 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 plan associated with this ordinance and incorporated herein by reference consists of five (5) pages in total, is entitled “Application for Special Use Permit: Boulevard Animal Hospital,” prepared by Jennifer Howard, DVM, and is available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. SECTION 3. The following conditions of zoning shall be associated with the special use approved herein. SECTION 4. The following variance shall be associated with the special use approved herein. 1. Waiver of the requirement found in Section 9-30-9(E)(6)(b) of the Code of Athens- Clarke County, Georgia to provide a sight-obscuring fence, wall, or evergreen hedge not less than six feet high between the parking facility or driveway and the property line. SECTION 5. All ordinances or parts of ordinances in conflict therewith are hereby repealed. A public hearing was held on request of Peter Mazur Owner: The Princeton Corporation for Rezone from RS-5 to RM-1 on 2.63 acres known as 780 Macon Highway. Proposed use is Multifamily Residential. Type II District 7 Planning Commission recommendation: Approval w/ condition (unanimous) Public input There was none. A motion was made by Commission Culpepper, seconded by Commissioner Davenport, to adopt the following ordinance (#25-10-97) 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 REZONING A PARCEL OF LAND COMPRISING APPROXIMATELY 2.7 ACRES LOCATED AT 780 MACON HIGHWAY FROM RS-5 (SINGLE-FAMILY RESIDENTIAL) 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 a parcel of land comprising approximately 2.703 acres and located at 780 Macon Highway, Athens, Georgia, from RS-5 (Single-Family Residential) to RM-1 (Mixed-Density Residential) as shown on Attachment A hereto. The affected parcel is identified as “Tract 1” (2.630 acres) and “Tract 3” (0.073 acres) collectively in that certain document entitled “Survey for The Prinction Corporation” prepared by Brett J. Chandler, registered land surveyor, with a survey date of March 6, 2019 and a drawn date of March 11, 2019, 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 No. 132 053A 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 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, 301 College Avenue, Athens, Georgia, and duly noted in the minutes of the Commission meeting. SECTION 2. All 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: Lawrenceville Land Holdings, LLC., for Rezone from RM-2 to C-G on 25.04 acres (subject area 0.353 acres) known as 135 & 150 McClung Road. Proposed use is Commercial Driveway. This will require an amendment to the Future Land Use from Mixed Density Residential to General Business. Type I District 9 Planning Commission recommendation: Future Land Use: Approval (unanimous) Rezoning: Approval (unanimous) Public input 1. Bryce Hix – supported 2. Elle Lewis – opposed A motion was made by Commissioner Hamby, seconded by Commissioner Davenport, to adopt the following ordinance (#25-10-98) 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 THE FUTURE LAND USE MAP OF ATHENS-CLARKE COUNTY BY CHANGING THE DESIGNATION OF APPROXIMATELY 25.04 ACRES OF LAND LOCATED AT 135 AND 150 MCCLUNG ROAD FROM “MIXED DENSITY RESIDENTIAL” TO “GENERAL BUSINESS;” AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The Official Land Use Map referred to in the Zoning Ordinance of Athens- Clarke County, Georgia, as specifically identified in Section 9-3-3(A)(2) thereof, is hereby amended by changing the future land use designation of approximately 0.353 acres of a larger 25.04 acres of land located at 135 McClung Road (Tax Parcel Number 154 036D) and 150 McClung Road (Tax Parcel Number 154 036) from “Mixed Density Residential” to “General Business,” as more fully shown on Exhibit A, attached hereto and incorporated herein by reference. The date of this amendment to the Official Land Use Map of Athens-Clarke County as shown by Exhibit A shall be duly noted in the minutes of the Commission meeting. The Official Land Use Map and Exhibit A hereto are available for public inspection in said Clerk’s Office, 301 College Avenue, Athens, Georgia. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A motion was made by Commissioner Hamby, seconded by Commissioner Davenport, to adopt the following ordinance (#25-10-99) which was presented by title only. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY WITH RESPECT TO REZONING TWO PARCELS OF LAND COMPRISING APPROXIMATELY 25.04 ACRES LOCATED AT 135 AND 150 MCCLUNG ROAD FROM RM-2 (MIXED-DENSITY RESIDENTIAL) TO C-G (COMMERCIAL-GENERAL); 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 25.04 acres, 0.353 of which is affected by the zoning amendment approved herein, and located at 135 and 150 McClung Road from RM-2 (Mixed-Density Residential) to C-G (Commercial-General) as shown on Attachment A hereto. The affected parcels of land are more particularly described in that certain document entitled “Rezone Exhibit,” designated in the lower right-hand corner as “EXHIBIT,” prepared by Stephen H. Kesler, registered landscape architect, dated July 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 154 036D (135 McClung Road) and 154 036 (150 McClung Road) 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. All other ordinances or parts of ordinances in conflict herewith are hereby repealed. Commissioner Davenport left at 7:01 p.m. Old and new business – Discussion Public input 1. Wendy Kraby opposed Fire Station 5 Replacement, Property Acquisition. 2. Erin Thompson Podvin supported Family Connection-Communities in Schools of Athens request to update their Neighborhood Leaders Program. 3. Jodi Weber opposed Fire Station 5 Replacement, Property Acquisition. Commissioner Davenport returned at 7:09 p.m. 4. Sean Hribal - opposed Fire Station 5 Replacement, Property Acquisition. 5. Perry Bugg opposed Fire Station 5 Replacement, Property Acquisition. 6. Carlos Rodriguez-Feo opposed Fire Station 5 Replacement, Property Acquisition. 7. Sabrina Ward opposed Fire Station 5 Replacement, Property Acquisition. 8. Isabel Scott supported Commissioner Myers recommendation for Fire Station 5 Replacement, Property Acquisition. 9. James Ward opposed Fire Station 5 Replacement, Property Acquisition. 10. William Wannamaker opposed Fire Station 5 Replacement, Property Acquisition. 11. Terry Tiller opposed Fire Station 5 Replacement, Property Acquisition. 12. Kathy Rodriguez-Feo opposed Fire Station 5 Replacement, Property Acquisition. 13. Timothy Moore supported Commissioner Myers recommendation for Fire Station 5 Replacement, Property Acquisition. 14. John Maddox supported Fire Station 5 Replacement, Property Acquisition. A motion was made by Commissioner Davenport, seconded by Commissioner Taylor, to a. Mayor and Commission deny the Option Purchase Agreement (Attachment #1) in the amount of $487,000 authorizing a fee-simple acquisition of approximately 7.52 acres, from Philip E. Koehler, identified as tax parcel 303 010J (4730 Old Lexington Road) to meet the needs of the Fire Station #5 Relocation Project (SPLOST 2020 Project #06, Sub-Project #1); and b. Direct ACC management to have the fire department to look outside their desired red circle excluding those properties and to use government or for sale properties available while providing adequate coverage considering future needs and coverage while also considering recommendations from the international fire association union report; and c. Direct ACC Fire Department and appropriate staff and committees to consider recommendations from the International Fire Fighters Association’s recent report. d. Authorize the Mayor and appropriate staff to execute all related documents. A substitute motion was made by Commissioner Myers, seconded by Commissioner Link, to a. Authorize the Mayor to accept the Option Purchase Agreement (Attachment #1) in the amount of $437,000 authorizing a fee-simple acquisition of approximately 7.52 acres, from Philip E. Koehler, identified as tax parcel 303 010J (4730 Old Lexington Road) to meet the needs of the Fire Station #5 Relocation Project (SPLOST 2020 Project #06, Sub-Project #1); and, b. Direct ACC Management to implement the following conditions: • Minimizes the footprint of the facility • Fully pursues ACC lighting ordinances, including full-cutoff and fully shielded fixtures • Uses planted buffers, berms, or other tactics to minimize the visual impact of the project from neighboring properties • Ensures that fuel and material storage on-site is managed to eliminate impacts to neighboring residents, agriculture, and wildlife • Waive the sidewalk installation requirement along Old Lexington Road. c. Authorize the Mayor and appropriate staff to execute all related documents The substitute motion passed by roll call vote with Commissioners Myers, Hamby, Link, Taylor, Wright and Culpepper voting YES and Commissioners Davenport, Fisher and Johnson voting NO. (6 YES; 3 NO) A motion was made by Commissioner Link, seconded by Commissioner Davenport, to HOLD until November 4, 2025 the TSPLOST 2023 Project 26, W. Broad and Hancock Neighborhood Pedestrian Improvements Program. The motion passed by unanimous vote. A motion was made by Commissioner Fisher, seconded by Commissioner Taylor, to HOLD until November 4, 2025 the Hawthorne Avenue and Oglethorpe Avenue Intersection Improvement Project – ROW Acquisition and Eminent Domain Resolution. The motion passed by unanimous vote. A motion was made by Commissioner Davenport, seconded by Commissioner Wright, to HOLD until November 4, 2025 the Government Operation Committee Report: Recommended Updates to Boards, Authorities, and Commissions Procedures. The motion passed by unanimous vote. A motion was made by Commissioner Myers, seconded by Commissioner Davenport, to adopt the following ordinance (#25-10-100) 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 GENERAL NOISE CONTROL; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Section 3-5-24 entitled “Noise control” of the Code of Athens-Clarke County, subsection (c) of thereof entitled “Prohibited conduct,” is hereby amended by adding a new paragraph (9) thereto, which shall be entitled “Commercial entities near agricultural residential (AR) zoning districts,” and which shall read as follows: “(9) Commercial entities near agricultural-residential (AR) zoning districts. “(a) Notwithstanding any provisions of this section concerning noises and/or sounds caused to be made by commercial entities in the normal course of their business, the provisions and prohibitions of paragraph (c), "Prohibited Conduct," subparagraph (1), concerning "Restrictions of 300 feet for 7:00 a.m. through 11:00 p.m. Sunday through Thursday and 7:00 a.m. through 12:00 midnight on Friday and Saturday" and its subparts a. through c. shall apply to noises and/or sounds generated by a commercial entity that are plainly audible within any agricultural residential zoning district more than 5280 feet beyond the property boundary of the property from which the noises and/or sounds emanate.  (b) Notwithstanding any provisions of this section concerning noises and/or sounds caused to be made by commercial entities in the normal course of their business, the provisions and prohibitions of paragraph (c), "Prohibited Conduct," subparagraph (2), concerning "Restrictions of 100 feet for 11:00 p.m. through 7:00 a.m. Sunday through Thursday and 12:00 midnight through 7:00 a.m. on Saturday and Sunday," and its subparts a. through c. shall apply to noises and/or sounds generated by a commercial entity that are plainly audible within any agricultural residential zoning district more than 1320 feet beyond the property boundary of the property form which the noises and/or sounds emanate.” 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. A motion was made by Commissioner Wright, seconded by Commissioner Fisher, to a. Approve the revised performance metrics proposed by FC-CIS for the Neighborhood Leaders Program starting in FY26 (Attachment #1) as per agenda report dated August 18, 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 Myers, seconded by Commissioner Taylor, to a. Approve the Cooperation Agreement, in substantially the same form as Attachment #1 as per revised agenda report dated September 16, 2025, with the Athens Housing Authority that outlines the specific terms of affordable housing supports including actions to: i. Exempt 30% of the water and wastewater connection fees at 3029 Atlanta Highway (“Project”) based on the developer and the Athens Housing Authority providing additional affordable housing resources of substantial benefit to the Athens-Clarke County community; and ii. Approve a low-income housing tax credit gap financing loan of $1M to the Athens Housing Authority for the development of affordable housing at 3029 Atlanta Highway, as described in Facts and Issues #8. iii. Approve a Payment in Lieu of Taxes Agreement with the Athens Housing Authority for development of affordable housing at 3029 Atlanta Highway, as described in Facts and Issues #7. b. Authorize the Mayor and appropriate staff to execute all necessary documents and agreements. The motion passed by unanimous vote. A motion was made by Commissioner Myers, seconded by Commissioner Link, to a. Approve Intergovernmental Agreement #9 with the Athens Housing Authority for Phase 2 of the North Downtown Athens Project Development (Attachment #1) as per revised agenda report dated September 16, 2025; b. Approve the following allocations and reclassifications to the Affordable Housing Special Revenue Fund in order to make a $3.5M loan to this project; i. $1.4M from LIHTC Gap Financing ii. $1.0M from Undesignated Funds iii. $700k of the $2.0M allocated to Single Family Affordable Housing  iv. $400k of the $1.0M allocated to the Acquisition Strike Fund; c. Authorize staff to redesignate $700k in future inclusionary zoning payments for Single Family Affordable Housing and $400k in future inclusionary zoning payments for the Acquisition Strike Fund to restore the reductions listed in b-iii and b-iv above. d. Exempt 30% of water and wastewater connection fees for North Downtown Athens Phase 2 in recognition of the Athens Housing Authority providing additional affordable housing resources of substantial benefit to the Athens-Clarke County community; and, e. Authorize the Mayor and appropriate staff to execute all related contracts and documents. The motion passed by unanimous vote. A motion was made by Commissioner Fisher, seconded by Commissioner Culpepper, to a. Approve a request to exempt 100% of the water and wastewater connection fees at 1310 Spring Valley Road based on Meissner creating substantial economic development and employment growth of benefit to the Athens-Clarke County community as per agenda report dated September 2, 2025; b. Adopt the following ordinance (#25-10-101) which was presented by title only; and, c. Authorize Mayor and ACCGov staff to execute all related documents. The motion passed by unanimous vote. AN ORDINANCE TO WAIVE WATER AND WASTEWATER CONNECTION FEES FOR THAT CERTAIN PROJECT LOCATED AT 1315 SPRING VALLEY ROAD; AND FOR OTHER LAWFUL PURPOSES. WHEREAS, the Mayor & Commission of Athens-Clarke County, Georgia, authorized that certain intergovernmental agreement by and between the Unified Government of Athens- Clarke County, Georgia, and the Development Authority of the Unified Government of Athens- Clarke County, Georgia, dated April 12, 2023, concerning certain infrastructure improvements related to property located near the intersection of Spring Valley Road and Athena Drive in Athens-Clarke County, Georgia (“IGA”); and WHEREAS, on or about April 5, 2023, the Governor of the State of Georgia announced that Meissner Corporation would invest nearly $250 million in a new facility and create 1,785 production and research and development jobs over the next eight years in Athens-Clarke County; and WHEREAS, the Governor’s announcement related to a project for the Meissner Corporation to develop a facility on and around Spring Valley Road in Athens-Clarke County (“Meissner Project”); and WHEREAS, in April 2023, Section 5-3-76(c) of the Code of Athens-Clarke County, Georgia, provided that the Mayor & Commission “may exempt all or part of” fees for a project to connect to the Athens-Clarke County water system “if the Mayor and Commission determine that such project will either: (i) create substantial economic development and employment growth of benefit to the Athens- Clarke County community, or (ii) preserve existing or provide additional affordable housing resources of substantial benefit to the Athens-Clarke County community”; and WHEREAS, in April 2023, Section 5-3-79(c) of the Code of Athens-Clarke County, Georgia, provided that that Mayor & Commission may “exempt all or part of” the fees for a project to connect to the Athens-Clarke County wastewater system “if the Mayor and Commission determine that such project will either: (i) create substantial economic development and employment grown of benefit to the Athens-Clarke County community, (ii) facilitate conversion of existing on-site sewage disposal systems to public sewer which conversion will substantially benefit water quality in the watershed, or (iii) preserve existing or provide additional affordable housing resources of substantial benefit to the Athens-Clarke County community”; and WHEREAS, in accordance with an ordinance adopted by the Commission on or about June 5, 2024, Sections 5-3-76 and 5-3-79 of the Code of Athens-Clarke County, Georgia, were amended to allow a maximum waiver of 30% for water and wastewater connection fees; and WHEREAS, in accordance with the law in effect as of the effective date of the IGA, the Mayor & Commission could waive up to 100% of the water and wastewater connection fees for a particular project; and WHEREAS, the Commission of Athens-Clarke County, Georgia, hereby finds that the Meissner Project meets the qualifications for a water and wastewater fee waiver, as described in Sections 5-3-76(c) and 5-3-79(c) of the Code of Athens-Clarke County, Georgia, as those code sections existed in April 2023; and WHEREAS, the Commission of Athens-Clarke County, Georgia, in accordance with the law in effect as of April 2023, desires to waive 100% of the water and wastewater connection fees for the Meissner Project, as more specifically described elsewhere in this ordinance; NOW, THEREFORE, the following premises considered, the Commission of Athens- Clarke County, Georgia, hereby ordains as follows: SECTION 1. The Commission hereby authorizes the waiver of 100% (one-hundred percent) of the water system connection fee and the wastewater system connection fee for the project located at 1315 Spring Valley Road, Athens, Georgia, also known as Tax Parcel No. 222 001A on the Official Tax Maps of Athens-Clarke County, Georgia. SECTION 2. The Athens-Clarke County Public Utilities Department may undertake all actions necessary and incidental to effectuate the purposes of this ordinance as described herein. SECTION 3. It is the express intent of the Commission of Athens-Clarke County, Georgia, that the certain ordinance entitled “AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO EXEMPTIONS FOR WATER AND SEWER FEES; AND FOR OTHER PURPOSES,” adopted by the Commission on or about June 5, 2024, shall remain in full force and effect. Any other ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. The recitals beginning with “WHEREAS” above provide necessary background and context for this ordinance, and are thus incorporated herein by reference. SECTION 5. Should any provision, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final court of competent jurisdiction, the remaining provisions, paragraphs, sentences, or words of this ordinance shall remain in full force and effect. SECTION 6. The Clerk of Commission (or Deputy Clerk) 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. New business – Consider under suspension of Rules A motion was made by Commissioner Taylor, seconded by Commissioner Hamby, to suspend the Rules of Commission for consideration of one new business item. The motion passed by unanimous vote. A motion was made by Commissioner Wright, seconded by Commissioner Hamby, to a. Approve the proposed First Amendment to the ACCPD School Resource Officer Program Agreement (Attachment #1) with the Clarke County School District for the 2025-2026 academic year as per agenda report dated October 2, 2025; and b. Authorize the Mayor and appropriate staff to execute the proposed First Amendment to the SRO Agreement, all related contracts, and all related documents. The motion passed by unanimous vote. A motion was made by Commissioner Fisher, seconded by Commission Link, to appoint and approve Ms. Christine Howard as the Clerk of Commission for the Unified Government of Athens-Clarke County effective November 3, 2025. Ms. Howard will perform the duties as set forth in section 4.110 of the Charter and various duties of the Clerk in the Code of Athens-Clarke County. As part of this motion, I request the Mayor be authorized to sign the employment contract between Ms. Howard and the Unified Government of Athens-Clarke County setting the terms of employment as Clerk of Commission. The motion passed by unanimous vote. Commissioner Wright left at 8:53 p.m. Public input on items other than those listed on the agenda  1. Catherine Shinholser – Clean water for Pinewood Mobile Home Park 2. Angela Nguyen - Clean water for Pinewood Mobile Home Park 3. Darya Kalantari - Clean water for Pinewood Mobile Home Park 4. Hudson Barthes - Clean water for Pinewood Mobile Home Park 5. Elisabeth Bedingfield - Clean water for Pinewood Mobile Home Park 6. Ebony Rushion - Clean water for Pinewood Mobile Home Park 7. Joseph Wiley – Firefly trail delay 8. Pieter Friedrich – Opposed Senate Bill 375 which would require law enforcement agencies to consider Hinduphobia when determining if a victim was targeted based on their religion. 9. Elle Lewis – The Shoals Project opposition 10. Lizette Guevara – Consider clean water for Pinewood Mobile Home Park 11. Isabel Scott – Firefly Trail and Consider clean water for Pinewood Mobile Home Park 12. Erin Thompson Podvin - Consider clean water for Pinewood Mobile Home Park 13. Broderick Flanagan - Consider clean water for Pinewood Mobile Home Park 14. Allen Jones – TSPLOST multi-use shared path FROM MAYOR GIRTZ: 1. Dr. Xernona Thomas agreed to a new term on the Audit Committee. 2. We have two additions to the North Avenue Tad – Patrick Watkins and Teresa Williams. 3. Adopt-a-Highway Proclamation – Star of Mt. Zion Lodge 370 – Ranick Road, between Athens Road and Spring Valley Road and Spring Valley Road, between Ranick Road and Athena Drive/Moss Road for a total distance of 0.6 mile. 4. Adopt-a-Highway Proclamation – William “Skips” and Janie Wolf Neighborhood Watch – Mitchell Bridge Road between Atlanta Highway and Woodhaven Parkway for a total distance of 1.0 mile. INTERIM MANAGER SAUNDERS: 1. Acceptance of the June and July 2025 Purchasing Reports. ATTORNEY DRAKE: 1. Glad to be back and appreciative of the opportunity to take some time off. COMMISSIONER DAVENPORT: 1. Inquired if TSPLOST 2026 funds can be used to pave roads that includes water lines. 2. Congratulations to Christine Howard, the new Clerk of Commission. 3. Happy Halloween and be sure to check out events organized by ACCGov. 4. With the change in weather and increased use of space heaters, inquired whether the Fire Department provides smoke detectors. 5. Shared thoughts on the Firefly Trail and explained motivation to get involved. Commissioner Hamby left at 8:32 p.m. COMMISSIONER LINK: 1. Reminder of Porchfest on October 19 and Wild Rumpus on October 25. 2. Requested information on how to establish a moratorium on data centers for our community. COMMISSIONER TAYLOR: 1. Congratulations to Christine Howard, the new Clerk of Commission. 2. Welcome back, Attorney Drake. COMMISSIONER FISHER: 1. Work to improve process related to the Firefly Trail 2. Attending the following events on Saturday, October 11: - Faith and Blue Tailgate at Ebenezer Baptist Church West at 11:00 a.m. and Faith and Blue Multi Cultural Festival at Biship Park at 3:00 p.m. - Hosting a District 5 Townhall Meeting in the Sterling Woods Community at 12:30 p.m. - Healthcare Heroes event at the Country Club COMMISSIONER JOHNSON: 1. Inquired about the process of the newly approved Stonehenge Pedestrian Project 2. Congratulations to the students who graduated from the Breaking the Cycle Course at the Sparrow’s Nest and thank you to Evan and John from Advantage Behavioral Health Systems and Pastor Scott Sheppard from Cornerstone Church for offering encouraging words to students. 3. Requested enhancements to the ACCGov website to improve its search and navigation features. 4. Ensure consistency and compliance with posting of agendas and minutes from the Boards, Authorities, and Commissions. COMMISSIONER CULPEPPER: 1. Congratulations to Christine Howard, the new Clerk of Commission. 2. Looking forward to recommendations on how to streamline the delivery process on our Capital Projects. COMMISSIONER MYERS: 1. Shared thoughts on the Firefly Trail. 2. Congratulations to Christine Howard, the new Clerk of Commission. 3. Plans to have District 8 townhall meeting. 4. Looking forward to Future Land Use Work Session. A motion was made by Commissioner Myers, seconded by Commissioner Fisher, to adjourn. The motion passed by unanimous vote. The meeting adjourned at 9:50 p.m. ________________________________ Deputy Clerk of Commission