Mayor & Commission Meetings

Unified Government of Athens-Clarke County, Georgia Mayor and Commission Tuesday, March 3, 2026 6:00 p.m. City Hall The Unified Government of Athens-Clarke County, Georgia met this date in a regular monthly session. Present: Mayor Girtz; Commissioners Davenport, Link, Taylor, Wright, Fisher, Johnson, Culpepper, Thornton, and Hamby. Commissioner Myers was absent. A motion was made by Commissioner Wright, seconded by Commissioner Taylor, to approve Minutes of meetings of Tuesday, January 6 (2), Tuesday, January 20 (2), Tuesday, February 3 (3), Tuesday, February 10, Tuesday, February 17, 2026; and non-voting meetings of Tuesday, January 13, Tuesday, January 20 and Friday, January 23, Tuesday, February 10, Wednesday, February 11, Tuesday, February 17, 2026. The motion passed by unanimous vote. Written communications There was none. Old business - Consent Items under this section were discussed at prior public meetings and were presented for consideration as a single item. Only one vote was taken. Public input The following public input was received. 1. Russell Edwards - supported the Special District Overlay. A motion was made by Commissioner Wright, seconded by Commissioner Thornton, to consent to action on the following nine items. The motion passed by unanimous vote. 1. ADOPT: a. The following budget ordinance (#26-03-14) which was presented by title only for the transfer of funds in the amount, not to exceed $150,000 from the Airport’s Unrestricted Net Position to the Airport’s Operating Fund to finance the Airport Fencing Project – Phase II, as per agenda report dated January 21, 2026; and b. Authorize the Mayor and appropriate staff to execute all related documents. AN ORDINANCE TO AMEND THE FY2026 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, SO AS TO PROVIDE FUNDING FROM AIRPORT ENTERPRISE FUND UNRESTRICTED NET POSITION FOR AIRPORT FENCING PROJECT; 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 Airport Enterprise Fund to provide funding from Unrestricted Net Position for Airport Fencing Project; and for other purposes Said Operating & Capital budget is hereby amended as follows: Airport Enterprise Fund: NET POSITION: Decrease: Unrestricted Net Position $150,000 EXPENDITURES: Increase: Airport - Capital Expenses Fencing Project $150,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 2. ADOPT: a. Approve the Clerk of Superior Court’s Criminal Justice Coordinating Council Continuation Grant (CJCC) application for, and if awarded, acceptance of S.T.O.P. Violence Against Women (VAWA) grant funds in the amount of $55,000 to fund for calendar year (CY) 2026 as per agenda report dated January 14, 2026: i. one authorized full-time Clerk position in the Clerk of Courts Office; b. Adopt the following budget ordinance (#26-03-15) which was presented by title only (Attachment #1) for the CJCC Grant; and c. Authorize the Mayor and appropriate staff to execute all related 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, FROM THE GEORGIA CRIMINAL JUSTICE COORDINATING COUNCIL (CJCC) TO CONTINUE ONE FULLTIME POSITION IN THE OFFICE OF THE CLERK OF SUPERIOR COURT AND ASSOCIATED EXPENSES TO SUPPORT CASE PROCESSING OF DOMESTIC VIOLENCE CASES; 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 CJCC to continue one fulltime position in the Office of the Clerk of Superior Court and associated expenses to support case processing of domestic violence cases. Said Operating and Capital budget is hereby amended as follows: Grants Special Revenue Fund: REVENUES: Increase: Stop Violence Against Women Grant (CJCC) $55,000 EXPENDITURES: Increase: Clerk of Courts Operating Expenses $55,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 3. ADOPT: The following Resolution for New Special District Overlay. A RESOLUTION OF THE COMMISSION OF ATHENS-CLARKE COUNTY, GEORGIA, TO REQUEST AND RECOMMEND THAT THE PLANNING COMMISSION REVIEW PROPOSED TEXT AMENDMENTS TO TITLE 9 OF THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA, RELATED TO A NEW SPECIAL DISTRICT OVERLAY; AND FOR OTHER LAWFUL PURPOSES. WHEREAS, the Redevelopment Powers Law, O.C.G.A. §§ 36-44-1, et seq., permits local governments within the State of Georgia to create tax allocation districts, or “TADs,” within their jurisdictional boundaries; and WHEREAS, on or about November 10, 2020, the Commission of Athens-Clarke County, Georgia, approved redevelopment plans that resulted in the creation of six TADs within Athens- Clarke County, Georgia; and  WHEREAS, one of those six TADs is Tax Allocation District Number 1 – Unified Government of Athens-Clarke County, Georgia, also known as the “Mall Area Tax Allocation District,” or “TAD 1”; and WHEREAS, under Section 9-4-3 of the Code of Athens-Clarke County, Georgia, a text amendment to Title 9, Article I of said Code, also known as the “Zoning Ordinance of Athens- Clarke County, Georgia,” may be initiated by a recommendation from the Mayor & Commission of Athens-Clarke County, Georgia; and WHEREAS, Chapter 9-12 of the Code of Athens-Clarke County, Georgia, describes special district overlays, and clarifies that special district overlays are subject to the Type I procedure; and WHEREAS, the Commission of Athens-Clarke County, Georgia, desires to consider a special district overlay within the area identified in the redevelopment plan for the Mall Area Tax Allocation District; and WHEREAS, the Commission of Athens-Clarke County, Georgia, further desires that such special district overlay include aspects of various goals and objectives that the Commission has prioritized over the past several years, including, but not necessarily limited to, the following: (a) a transit facility that is consistent with the Athens-Clarke County Transit Development Plan (2025- 29) and the needs identified in the Connect Athens Corridor Plans Final Report (August 2019), (b) affordable housing, as described in the Athens-Clarke County Affordable Housing Investment Strategy (August 2023) and Chapter 9-27 of the Code of Athens-Clarke County, Georgia; (c) “Missing Middle Housing,” as described in the report prepared for the Unified Government of Athens-Clarke County, Georgia, in 2022; and (d) flexibility in the redevelopment of aging commercial sites to allow for creative solutions related to things like landscape design and variable setbacks for increased building heights; and WHEREAS, in order to advance the goals and objectives directly stated above, the Commission of Athens-Clarke County, Georgia, hereby encourages any special district overlay contemplated as a result of this resolution to incorporate the following characteristics: (a) a transit facility; (b) residential density similar to that of RM-3, which allows 50 bedrooms per acre; (c) affordable housing units or a payment-in-lieu as described in Chapter 9-27 of the Code of Athens- Clarke County, Georgia; (d) an allowance for ground-floor residential units, unless within 250 feet of Atlanta Highway; (e) an allowance for up to eight attached fee-simple townhome units; (f) an allowance for increased building height (e.g., 90-100 feet), unless within 250 feet of property line, in which case the maximum height shall be 40 feet; (g) tree and landscaping standards of 20% of total canopy and modest buffer plantings; and WHEREAS, the Commission of Athens-Clarke County, Georgia, intends to initiate the process for the Type I procedure described hereinabove by the adoption of this resolution; NOW, THEREFORE, the Commission of Athens-Clarke County, Georgia, hereby resolves as follows: SECTION 1. The Commission recommends and requests that the Athens-Clarke County Planning Commission review a proposed special district overlay within the area identified in the redevelopment plan for the Mall Area Tax Allocation District (“Proposed Mall Special District Overlay”). SECTION 2. The Commission requests that the Athens-Clarke County Planning Commission make recommendations to the Commission for the adoption of a Proposed Mall Special District Overlay, and the Commission strongly encourages any such Proposed Mall Special District Overlay to include the characteristics described in the recitals hereto. SECTION 3. The Commission hereby declares that the foregoing recitals beginning with “WHEREAS” provide important and necessary background, are an integral component of this resolution, and are hereby incorporated herein by reference. SECTION 4. In the event scrivener’s errors shall be discovered in this resolution after the adoption hereof, the Commission hereby authorizes and directs that each such scrivener’s error shall be corrected in all multiple counterparts of this resolution. SECTION 5. The Manager’s Office and the Attorney’s Office are hereby authorized to take all actions necessary and incidental to effectuate the purposes of this resolution, as expressed in the recitals hereto. SECTION 6. This resolution shall become effective immediately upon its approval by the Mayor or upon its adoption into law without such approval. 4. APPROVE: Acceptance of the FY26 Periodic Audit of the Capital Projects Department as per agenda report dated February 5, 2026, as recommended by the Audit Committee(Attachment A). 5. APPROVE: a. Declare the Unified Government of Athens-Clarke County-owned vehicles and equipment described in Facts and Issues #4 as surplus property as per agenda report dated January 25, 2026; and b. Authorize through the Manager the sale of the vehicles and equipment described in Facts and Issues #4 through an internet auction. c. Authorize the Mayor and appropriate staff to execute all related documents. 6. APPROVE: Reappointments to the Oconee Rivers Greenway Commission Charlie Barrow Term will expire 12-31-2030 John Schelhas Term will expire 12-31-2030 7. APPROVE: a. Professional service supplement contract with on-call Arcadis US Inc., in the amount of $262,210 to undertake National Pollutant Discharge Elimination System Stormwater Phase II Permit requirements for Impaired Waters beginning March 2026 through February 2028, which includes implementing the Stormwater Quality Assurance Plan and providing Athens-Clarke County with annual sampling reports as per agenda report dated January 27, 2026; and b. Authorize the Mayor and appropriate staff to execute all related contracts and documents. 8. APPROVE: a. Designation of Surfaces Group, LLC, as the apparent low responsive and responsible bidder as per agenda report dated January 15, 2026; b. Award Construction Service Contract to Surfaces Group, LLC, in the amount of $3,865,526, for the SPLOST 2020 – Project 16, Memorial Park Improvements Project; c. Approve the Athens Cultural Affairs Commission’s (ACAC) recommended public art type and location, as generally shown in Attachment #1, as part of the SPLOST 2020 – Project 16, Memorial Park Improvements Project; and, d. Authorize the Mayor and appropriate staff to execute all related documents. 9. APPROVE: a. The proposed Intergovernmental Agreement (IGA) between the DAUGACCG and the Unified Government of Athens-Clarke County (Attachment 1) as per agenda report dated January 21, 2026; b. Authorize the transfer of $500,000 from the Community Energy Fund into an account of the Development Authority of the Unified Government of Athens-Clarke County (DAUGACCG), held separate and apart from other funds, for the purpose of funding incentives for economic development in furtherance of ACCGov's sustainability and clean energy goals through the Green Business Allocation; and c. Authorize the Mayor and appropriate staff to execute all related documents. Public hearing and deliberation on recommendations from the Athens-Clarke County Planning Commission A public hearing was held on request of Request of Keith Rabideau; Owner: Eric Brown for Special Use in C-D on 0.366 acres known as 166 W. Clayton Street – Proposed Use: Bar and Food Truck Court with Private Event Space - Type II District 4 Planning Commission recommendation: Approval (unanimous) Public input There was none. A motion was made by Commissioner Wright, seconded by Commissioner Hamby, to adopt the following ordinance (#26-03-16) which was presented by title only. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO SPECIAL USE APPROVAL IN THE C-D (WD) [COMMERCIAL-DOWNTOWN (WEST DOWNTOWN DESIGN AREA)] FOR ONE PARCEL OF LAND LOCATED AT 166 W. CLAYTON STREET; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The current C-D (WD) [Commercial-Downtown (West Downtown)] District is hereby amended to provide for special use approval of a bar and private event space. The affected parcel of land is approximately 0.366 acres, is located at 166 W. Clayton Street, and is known as tax parcel number 171A5 A009 on the Athens-Clarke County Tax Map, being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The date of this amendment to the Official Zoning Map 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 is further described in that certain document entitled “Survey For: Jason Dunn, 169 West Washington Street & 166 West Clayton Street Athens,” designated in the lower right-hand corner as “File No. 38861 –,” dated August 10, 2023, prepared by David M. Camp, professional land surveyor, and which is on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. SECTION 2. The binding site plan associated with this ordinance and incorporated herein by reference consists of fourteen (14) pages in total. Each sheet is numbered, titled, and dated as shown in the table below. Sheet Title/Description Date: No.: A01 Change of Use: Union Fare, 166 April 23, 2024 West Clayton Street, Athens, GA 30601 A100 Existing Floor Plan/Demolition Floor April 23, 2024 Plan A101 Floor Plan April 23, 2024 A102 Equipment Layout Plan April 23, 2024 A103 Reflective Ceiling Plan April 23, 2024 A104 Building Life Safety Plan April 23, 2024 A105 Outside Bar/Food Court April 23, 2024 A106 View from Center of Washington May 24, 2024 Street A107 North, South, East, West Elevations January 10, 2025 M-1 Floor Plan (with notations) N/A E-1 Floor Plan (with equipment schedule) March 30, 2024 N/A Drain and Vent Restroom Diagram N/A C-1 Survey For: Jason Dunn, 169 West August 10, 2023 Washington Street & 166 West Clayton Street Athens L 1.0 Landscape Plan June 27, 2024 Upon adoption hereof, said pages 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 plan associated with this ordinance and incorporated herein by reference consists of nine (9) pages in total, and is entitled “Application Report, Union Fare, 166 W Claton [sic] Street, Athens GA 30601.” Upon adoption hereof, said 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 therewith are hereby repealed.  A public hearing was held on request of Request of Michael B. Thurmond/Armentrout, Matheny, Thompson P.C.; Owner Deupree Company for Special Use in C-D (DHD) on 0.23 acres known as 458 E. Clayton Street – Proposed Use: Mixed Use Commercial & Residential - Type II District 4 Planning Commission recommendation: Special Use: Approval (unanimous) Variance: Approval (unanimous) Public input 1. David Matheny – supported A motion was made by Commissioner Wright, seconded by Commissioner Hamby, to adopt the following ordinance (#26-03-17) which was presented by title only. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO SPECIAL USE APPOVAL IN THE C-D (ED) [COMMERCIAL-DOWNTOWN (EAST DOWNTOWN)] FOR ONE PARCEL OF LAND LOCATED AT 458 E. CLAYTON STREET; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The current C-D (ED) [Commercial-Downtown (East Downtown)] District is hereby amended to provide for special use approval of multi-family residential units on the ground floor of a commercially-zoned structure. The affected parcel of land is approximately 0.23 acres, is located at 458 E. Clayton Street, and is known as tax parcel number 171B6 D002 on the Athens-Clarke County Tax Map, being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The date of this amendment to the Official Zoning Map 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 is further described in that certain document entitled “458 East Clayton Street, First Floor Apartments, 458 E. Clayton St., Athens, GA,” designated in the lower right-hand corner as “A010,” dated December 18, 2025, prepared by David W. Matheny, registered architect, and which is on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. SECTION 2. The binding site plan associated with this ordinance and incorporated herein by reference consists of two (2) pages in total. Each sheet is numbered, titled, and dated as shown in the table below. Sheet Title/Description Date: No.: A010 458 East Clayton Street, First Floor December 18, Apartments, 458 E. Clayton St., 2025 Athens, GA A100 458 East Clayton Street, First Floor December 18, Apartments, 458 E. Clayton St., 2025 Athens, GA Upon adoption hereof, said pages 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 plan associated with this ordinance and incorporated herein by reference consists of five (5) pages in total and is entitled “Report to Support the Special Use Application, 458 East Clayton Street, The Deupree Building.” Upon adoption hereof, said 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. The following variance shall be associated with the special use approved herein: 1. Waiver of the requirement found in Section 9-10-2 (L1) of the Code of Athens-Clarke County, Georgia so as to decrease the minimum percentage of leasable commercial space on the ground floor from 50% to 11%. SECTION 4. All ordinances or parts of ordinances in conflict therewith are hereby repealed.  A public hearing was held on the request of Request of Buck Bacon/ W&A Engineering: Owner: Athens Hotel Partners LLC for Rezoning from C-D to G on 0.92 acres known as 295 E. Dougherty Street (0.92 ac. of 3.8 ac parcel) Proposed Use: Structured Parking - Type II District 2 Planning Commission recommendation: Approval (unanimous) Public input 1. Buck Bacon - supported A motion was made by Commissioner Link, seconded by Commissioner Hamby, to adopt the following ordinance (#26-03-18) which was presented by title only. The motion passed with Commissioners Davenport, Link, Wright, Culpepper, Thornton, and Hamby voting YES; and Commissioners Taylor, Fisher, and Johnson voting NO. (6 YES; 3 NO) AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO REZONING A PORTION OF ONE PARCEL OF LAND COMPRISING APPROXIMATELY 3.8 ACRES IN TOTAL, 0.92 ACRES OF WHICH IS AFFECTED BY THE REZONE APPROVED HEREIN, LOCATED AT 295 E. DOUGHERTY STREET FROM C-D (COMMERCIAL-DOWNTOWN) TO G (GOVERNMENT); 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 3.8 acres in total, 0.92 acres of which, is affected by the rezone approved herein, and located at 295 E. Dougherty Street, Athens, Georgia from C-D (Commercial-Downtown) to G (Government” as shown on Attachment A hereto. The affected parcel of land is more fully described in that certain document entitled “Exhibit For: The Graduate, 295 E. Dougherty Street, Athens, Georgia 30601, Athens-Clarke County, G.M.D. 220,” labeled in the lower right-hand corner as “Sheet 1 of 1,” prepared by John F. Brewer, III, registered land surveyor, dated September 27, 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, a portion of which is being rezoned, is also known as Tax Parcel No. 163D3 L002 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 with are hereby repealed. A public hearing was held on behalf of Athens-Clarke County Unified Government for text amendment to Title IX of the Code of Ordinance Regarding Data Centers. Planning Commission recommendation: Approval (unanimous) Public input 1. Dr. Tawanna Mattox - opposed data centers 2. Olivia Asher – supported hold on data center amendment 3. Darya Kalantari – supported extending moratorium on data centers 4. Gail Chimo – supported hold on data center amendment 5. Summer Blanco – supported hold on data center amendment and extending moratorium 6. Willie Thomas – opposed data centers in black community 7. Grace Holmes – supported extending data center moratorium 8. Ira King – supported extending the moratorium A motion was made by Commissioner Thornton, seconded by Commissioner Taylor, to HOLD until April 7 voting meeting the text amendment to Title IX of the Code of Ordinance Regarding Data Centers. The motion passed by unanimous vote. Old and new business – Discussion Public input 1. Alvie Coes, Chamber of Commerce opposed recapture of ARPA funds 2. Ellen Cochran, Quality Care for Children – opposed recapture of ARPA funds 3. Monique Reynolds – opposed recapture of ARPA funds 4. Olivia Asher – supported extension of data center moratorium 5. Summer Blanco – supported extension of data center moratorium 6. Dail Schemo – supported extension of data center moratorium 7. Kirk Dominic, Interim CEO of Boys and Girls Club – opposed recapture of ARPA funds 8. Allison Rosch, Clarke County Mentor Program – opposed recapture of ARPA funds 9. Ria Susteva – supported extension of data center moratorium 10. Rick Dunn, Athens Achieve Program – opposed recapture of ARPA funds; and funds have not been reimbursed 11. Dr. Tawanna Mattox, Athens Land Trust - opposed recapture of ARPA funds; support moratorium on data centers 12. Jeremy Smith, Goodwill – opposed recapture of ARPA funds 13. Russell Edwards – supported GICH Community resolution 14. Willie Thomas – supported extension of data center moratorium A motion was made by Commissioner Thornton, seconded by Commissioner Link, to HOLD the Relocation of Mill Houses at 110 Puritan Lane and 1060 Macon Highway for Future Affordable Housing Use until April 7 voting meeting. A substitute motion was made by Commissioner Davenport, seconded by Commissioner Wright, to DENY allocations. Commissioners Davenport, Taylor, Wright, and Hamby voted YES; Commissioners Link, Fisher, Johnson, Culpepper, and Thornton voted NO. (4 YES; 5 NO) The original motion to HOLD passed by unanimous vote. A motion was made by Commissioner Link, seconded by Commission Fisher, to approve the Land Bank Authority Board recommendations. The motion passed by unanimous vote. Heather Benham, Affordable Housing Consultant Jessica Fore, Real Estate Professional Jeff Green, Green Property Management Greg O’Connell, Attorney, Blasingame, Burch, Garrard & Ashley Grant Whitworth, Whitworth Property A motion was made by Commissioner Thornton, seconded by Commissioner Link, to HOLD the revised agenda report dated February 26, 2026, ARPA Funding Recapture and Reallocation Report. Commissioner Thornton withdrew her motion. A motion was made by Commissioner Thornton, seconded by Commissioner Wright, to oppose recapture funds; and, g. Reclassify $350,000 in ARPA funding previously designated for Dirt Road Paving to the replacement of the aerial ladder truck, so displaced funds can be reallocated to dirt road paving to transfer $350,000 in General Fund Capital funding from the Fleet Replacement Program to the Local Road Improvement Project capital account where it will be used for dirt road paving; h. Authorize a contract amendment to the Boys and Girls Club of Athens Youth Development and Violence Prevention Contract budget (Attachment #6); to reallocate the remaining $105,164.44 in unspent subgrantee funds in order to extend youth operations at Broad Acres, Parkview, Rocksprings, and Nellie B; and, i. Authorize Mayor and staff to execute all related documents.  The motion passed with eight YES votes. Commissioner Fisher recused. A motion was made by Commissioner Taylor, seconded by Commissioner Hamby, to a. Approve the designation of Pittman Construction Company as the apparent low responsive and responsible bidder for the Calendar Year 2026 Pavement Maintenance Project as per agenda report dated January 20, 2026; b. Approve TSPLOST Work Contingency Allowance in the amount of $219,000 for work associated with Inner East Athens Pavement; c. Award a Total Unit Price Construction Services Contract in the amount of $8,808,089.54 to Pittman Construction Company as the lowest responsive and responsible bidder for the Calendar Year 2026 Pavement Maintenance Project & associated maintenance activities as shown on Attachment #1 (including Bid Alternate #1, TSPLOST Work Contingency Allowance, and Extra Work Contingency Allowance); and d. Authorize Mayor and appropriate staff to execute all related documents. The motion passed by unanimous vote. A motion was made by Commissioner Hamby, seconded by Commissioner Link, to a. Approve the designation of Site Engineering, Inc. as the low responsive and responsible bidder Athena Drive Headwall Replacement Project as per agenda report dated February 25, 2026; b. Award Total Unit Price Construction Services Contract in the amount of $244,468.51 to Site Engineering, Inc. as the lowest responsive and responsible bidder for the Athena Drive Headwall Replacement Project, as shown on Attachment #1 (including an Extra Work Contingency Allowance in the amount of $18,000); and, c. Authorize the Mayor and appropriate staff to execute all other project related documents. The motion passed by unanimous vote. A motion was made by Commissioner Thornton, seconded by Commissioner Taylor, to adopt the following resolution. The motion passed by roll call vote with Commissioners Davenport, Link, Taylor, Wright, Fisher, Johnson, Culpepper, and Thornton voting YES, Commissioner Hamby voting NO. (8 YES; 1 NO) A RESOLUTION OF THE COMMISSION OF ATHENS-CLARKE COUNTY, GEORGIA, TO REQUEST THAT THE PLANNING COMMISSION REVIEW PROPOSED TEXT AMENDMENTS TO TITLE 9 OF THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA, RELATED TO MODIFICATIONS DESIGNED TO INCREASE HOUSING AFFORDABILITY AND AVAILABILITY, AND FOR OTHER LAWFUL PURPOSES. WHEREAS, Athens-Clarke County has been a longstanding participant in the Georgia Initiative for Community Housing (GICH) program supported by the Georgia Department of Community Affairs; and WHEREAS, the Commission of Athens-Clarke County, Georgia has identified increasing the availability and affordability of housing as a critical local goal; and WHEREAS, the Athens-Clarke County GICH Committee identified six areas for modification of local Ordinances that could to enhance the availability and affordability of housing, which included allowance of accessory dwelling units, greater use of single-family attached units, smaller and less expensive homes such as manufactured dwellings, reduction or elimination of minimum street frontage requirements, smaller lot and home sizes, and reduction of parking minimums; and WHEREAS, these concepts were presented to the Athens-Clarke County Mayor and Commission on January 13, 2026; and WHEREAS, under Section 9-4-3 of the Code of Athens-Clarke County, Georgia, text amendments to Title 9 of said Code, also known as the “Zoning Ordinance of Athens-Clarke  County, Georgia,” may be initiated by a recommendation from the Mayor & Commission of Athens-Clarke County, Georgia; and WHEREAS, the Commission of Athens-Clarke County, Georgia, desires to initiate the process described hereinabove by the adoption of this resolution; NOW, THEREFORE, the Commission of Athens-Clarke County, Georgia, hereby resolves as follows: SECTION 1. The Commission recommends and requests that the Athens-Clarke County Planning Commission review the recommendations of the GICH Committee and develop Ordinance modifications pursuant to these concepts for consideration of the Mayor and Commission. SECTION 2. The Manager’s Office and the Attorney’s Office are hereby authorized to take all actions necessary and incidental to effectuate the purposes of this resolution, as expressed in the recitals hereto. New business – Consider under suspension of Rules A motion was made by Commissioner Fisher, seconded by Commissioner Davenport, to suspend Rules of Commission for consideration of new business items. The motion passed by unanimous vote. A motion was made by Commissioner Thornton, seconded by Commissioner Link, to adopt the following ordinance (#26-03-19) which was presented by title only. The motion passed by unanimous vote. AN ORDINANCE TO IMPOSE, CONTINUE, AND EXTEND A TEMPORARY EMERGENCY MORATORIUM ON THE ESTABLISHMENT OF NEW DATA CENTERS IN ATHENS-CLARKE COUNTY; AND FOR OTHER LAWFUL PURPOSES. WHEREAS, the Unified Government of Athens-Clarke County, Georgia (“Unified Government”), is a body politic and corporate, and a political subdivision of the State of Georgia; and WHEREAS, the Unified Government is a local government entity empowered to exercise home rule powers as described within Article IX, Section II of the Constitution of the State of Georgia, including the “power of zoning” as described in Paragraph IV therein; and WHEREAS, in accordance with Section 8-114 of its Charter, 1990 Ga. Laws 3560, et seq., as amended, the Unified Government is empowered to “adopt land use plans and exercise the power of zoning,” “exercise the police power for the public safety and well-being of the citizens of the [U]nified [G]overnment,” and “define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to the health, sanitation, cleanliness, welfare and safety of the inhabitants of the [U]nified [G]overnment”; and WHEREAS, the exercise of zoning and land use powers by a local government is in furtherance of its police powers to promote and protect the public safety, health, and welfare; and WHEREAS, throughout the State of Georgia, there has been a significant increase in the planning, development, and construction of data centers; and WHEREAS, while such data centers provide computing power and data storage for many modern conveniences, they can also negatively impact surrounding residents and businesses through increased demands for utilities like electricity and water, noise and light pollution, the release of air pollutants, and other similar conditions; and WHEREAS, the Commission of Athens-Clarke County, Georgia, finds that there is a substantial need to consider and develop, as necessary, zoning and land use standards related to data centers, such as regulations to address the significant use of utilities and potential environmental issues; and WHEREAS, based upon the foregoing, the Commission of Athens-Clarke County, Georgia, adopted an ordinance on December 2, 2025, entitled “AN ORDINANCE TO IMPOSE A TEMPORARY EMERGENCY MORATORIUM ON THE ESTABLISHMENT OF NEW DATA CENTERS IN ATHENS- CLARKE COUNTY; AND FOR OTHER LAWFUL PURPOSES,” which imposed a temporary emergency moratorium on the establishment of new data centers in Athens-Clarke County, Georgia (“December Ordinance”), said December Ordinance incorporated herein by reference; and WHEREAS, on or about February 5, 2026, the Athens-Clarke County Planning Commission reviewed proposed text amendments to the Zoning Ordinance of Athens-Clarke County, Georgia, relating  to data centers and made recommendations to the Mayor & Commission of Athens-Clarke County, Georgia, concerning such text amendments; and WHEREAS, the Commission of Athens-Clarke County, Georgia, has been presented with the recommendations from the Athens-Clarke County Planning Commission and desires to study and carefully consider the text amendments as proposed by the Athens-Clarke County Planning Commission; and WHEREAS, the desire to study and consider the text amendments described herein likely requires additional consultation with the Athens-Clarke County Planning Department, the Athens-Clarke County Attorney’s Office, the Athens-Clarke County Planning Commission, and/or other pertinent departments or officials within the Unified Government of Athens-Clarke County, Georgia; and WHEREAS, the Commission of Athens-Clarke County, Georgia, thus requires additional time to study and consider the proposed text amendments as described herein; and WHEREAS, it is the intent of the Commission of Athens-Clarke County, Georgia, to continue and extend the moratorium on new data centers in Athens-Clarke County by adopting this ordinance; and WHEREAS, the law is well-established that a “zoning decision” is a final legislative action by a local government as further defined in the Zoning Procedures Law, O.C.G.A. § 36-66-3(4)(A)-(F); and WHEREAS, pursuant to the Supreme Court of Georgia’s decision in City of Roswell v. Outdoor Systems, Inc., 274 Ga. 130 (2001), a local government’s temporary moratorium is not a “final legislative action” for the purposes of the Zoning Procedures Law; and WHEREAS, the Commission of Athens-Clarke County, Georgia, does not intend for the temporary moratorium, as extended herein, to impact the rights to operate a data center that have become legally vested, nor is it the Commission’s intent to disturb or hinder data center operations that legitimately began prior to the effective date of the temporary emergency moratorium, as set forth in the December Ordinance; and WHEREAS, the Commission of Athens-Clarke County, Georgia, finds that this temporary moratorium is in the best interests of the residents of Athens-Clarke County, and that it is the least restrictive means available, a reasonable exercise of the Unified Government’s police power, and promotes and protects the health, safety, and welfare of the public; and WHEREAS, the Commission of Athens-Clarke County, Georgia, finds that a temporary moratorium on the establishment of new data centers in Athens-Clarke County is a reasonable and necessary measure to protect the status quo as described in the recitals of this ordinance and in the recitals of the December Ordinance; NOW, THEREFORE, the Commission of Athens-Clarke County, Georgia, hereby ordains as follows: SECTION 1. The recitals beginning with “WHEREAS” in the preamble above are an integral part of this ordinance, provide important background, and are incorporated by reference herein. Furthermore, the December Ordinance is incorporated by reference herein and should be read in conjunction with this ordinance. SECTION 2. The Commission of Athens-Clarke County, Georgia, hereby declares its intent to continue and extend a temporary moratorium on the establishment of new data centers within Athens- Clarke County, Georgia, as described in Section 2 of the December Ordinance, and the Commission imposes such a moratorium herein. (a) For purposes of the temporary moratorium imposed herein, the term “data center” shall have the meaning as set forth in Section 2(a) of the December Ordinance. (b) The temporary moratorium imposed herein shall continue through and including Friday, June 5, 2026, at 11:59 post meridiem, although said moratorium may conclude earlier upon the occurrence of any of the following: (i) an act by the Commission of Athens- Clarke County, Georgia, in accordance with the Charter of the Unified Government of Athens-Clarke County, Georgia, terminating the temporary moratorium; or (ii) amendments to Title 9 of the Code of Athens-Clarke County, Georgia, addressing the data center issues described in the preamble of this ordinance, that become effective in accordance with local and state law. Nothing in this ordinance shall prevent the extension of the temporary moratorium imposed herein, if deemed necessary to promote and protect the public safety, health, and welfare. SECTION 3. The temporary moratorium imposed in this ordinance shall have no effect on the use of property as a data center where the rights to operate a data center have become legally vested, nor shall this temporary moratorium serve to disturb or hinder data center operations that legitimately began prior to the effective date of this ordinance. The property owner shall bear the burden to establish a vested entitlement to use property as a data center or to continue operations of a data center. Furthermore, the provisions of this ordinance—or in any future zoning or land use amendments adopted after this ordinance—to allow vested or legal nonconforming rights to operate a data center are not intended, nor shall they be construed, to imply that the Commission of Athens-Clarke County, Georgia, will not phase out such data center operations over a reasonable period of time. SECTION 4. This ordinance shall be construed to confer upon the Manager—and any appropriate staff as designated by the Manager—all necessary and incidental authority to enforce this ordinance and carry out its provisions. SECTION 5. The provisions of this ordinance are severable, and should any part of this ordinance be deemed by a tribunal of competent jurisdiction to be invalid, such invalidity shall not affect the validity of this ordinance as a whole or any part hereof, other than the part declared to be invalid. SECTION 6. In the event a scrivener’s error appears in this ordinance after the adoption and approval hereof, the Commission hereby authorizes the Clerk of Commission, in consultation with the Athens-Clarke County Attorney, to correct any such scrivener’s error. SECTION 7. This ordinance shall become effective immediately upon its approval by the Mayor or as otherwise set forth in Section 2-204 of the Charter of the Unified Government of Athens-Clarke County, Georgia. A motion was made by Commissioner Hamby, seconded by Commissioner Taylor, to approve the following appointments as recommended by the nominating committee. The motion passed by unanimous vote. Board of Elections Douglas Yarn Partial term expiring 12-31-2028 Human Relations Commission Michelle Mason Partial term expiring 04-30-2028 Vision Committee Michael McLendon Partial term expiring 06-30-2028 Commissioner Hamby exited the meeting at 7:56 p.m. Public input on items other than those listed on this agenda 1. Broderick Flanagan – supported affordable housing policies and ordinances from AADM. 2. Nanenne Onyioha-Clayton – supported an affordable housing ordinance from AADM. 3. Mokah Jasmine-Johnson, AADM – supported affordable housing ordinance drafted by AADM. 4. Darya Kalantari – supported AADM ordinance. 5. Steven Webb – stated support is needed to stop the addiction to Kratom; submitted information. 6. Iva King – supported AADM ordinance and policies. 7. Jacqueline Austin – supported the resolution put forth by AADM. 8. Russell Edwards – supported GICH Resolution and more housing is needed. FROM MAYOR GIRTZ: 1. Adopt a Highway Proclamation - Triad Consulting Solutions (Athena Drive between Old Hull Road and Olympic Drive for a total distance of 1.0 mile. FROM MANAGER COWELL: 1. Stated $3.5 million funds are coming to the Howard Park Community Center from the Federal Fiscal Year 26 Transportation, Housing & Urban Development and Related Agencies appropriations bill. Special thanks to Alex Bond and Sara Shropshire of the Leisure Services Department, and Senator John Ossoff, who was instrumental in helping secure these funds. 2. The FHWA Raise Grant deadlines have been extended, funds must be obligated by September 30, 3031 and expended by September 30, 2036. Thank you to TPW Director & Assistant Director Stephen Bailey and Rani Katreeb. 3. There was a horrendous crime that took place downtown over the weekend, involving a UGA student, and the use of the RTCC was instrumental in making an arrest within a day. ACCPD, UGA and State agencies cooperation was a great source as well. 4. Contract awards January 2026. COMMISSIONER THORNTON: 1. Excited about the RAISE Grant. 2. Stated citizens was very appreciative for the homeless encampment being cleaned up on Freeman Drive. 3. Thanked the public for coming out to tonight’s meeting. The state has a 6-point housing plan, Representative Spencer Frye should have more information. COMMISSIONER CULPEPPER: 1. Stated that not recapturing the ARPA funds will give the non-profits time to continue to do great work. 2. Thanked law enforcement for the rapid capture of the individual involved in the downtown incident. Hopefully it will deter others from committing other crimes because of the quick arrest. COMMISSIONER JOHNSON: 1. Attended promotion events for CCSO and ACCPD in recognizing employees over the past few weeks and thanked them for continuing to serve Athens-Clarke County with dedication. 2. Congratulated Athens Anti Discrimination Movement on the 10th anniversary of their Social Justice Awards, recognizing 10 individuals. 3. Thanked County Manager Bob Cowell for taking the time to reach out to citizens by visiting neighborhoods in District 6. The citizens were very grateful for his sound advice. COMMISSIONER FISHER: 1. Thanked staff for all that they do. He and Mayor Girtz met with constitutional officers in reference to the budget process and thanked the Manager’s Office. 2. Reminded the Commissioners and the general public of the upcoming budget process and of upcoming budget meetings. COMMISSIONER WRIGHT: 1. Thanked staff for all that they do. 2. Stated traffic will be a little rough after the UGA and Alabama basketball game. COMMISSIONER TAYLOR: 1. Thanked staff for all that they do and the UGA students who attended the meeting and their advocacy against data centers. 2. Stated the non-profits who advocated for their funds should come to the mayor and commission to inform them if or when they have problems. 3. Stated she will be running for reelection and having a volunteer meet and greet on Saturday at the Iron Triangle from 2:00 p.m. to 4:00 p.m. COMMISSIONER LINK: 1. Thanked staff for being very persistent regarding the North Avenue RAISE Grant extension. Stated meetings will be forthcoming with staff very soon. 2. Asked the mayor if a meeting will be scheduled with state representatives after this legislative session to discuss things that are needed in the community. 3. Stated that she, Commissioner Davenport, and Myers have met with representatives from the Southern Poverty Law Center. COMMISSIONER DAVENPORT: 1. Happy Women’s History month and Happy St. Patrick’s Day. 2. There is a new Leaf and Limb system on the ACCGov website. 3. Thanked staff for all they do. 4. Asked the mayor to assign the tree ordinance to committee. 5. Asked citizens to go to the ACCPD website to register for the new Citizen Police Academy class starting soon. 6. Stated that citizens in his district, as well as the general public, can go to accgov.watersmart.com to track your water leakage. Sign up for water smart and it will notify you of leakage. 7. Stated gas is going up, he wishes he would have gotten gas on Sunday. A motion was made by Commissioner Davenport, seconded by Commissioner Fisher, to adjourn. The motion passed by unanimous vote. The meeting adjourned at 8:31 p.m. ________________________________ Clerk of Commission