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Mayor & Commission Meetings

Regular Meeting

Athens-Clarke County, GA · April 7, 2026

AgendaMinutes

Minutes

Unified Government of Athens-Clarke County, Georgia Mayor and Commission Tuesday, April 7, 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, Myers Thornton, and Hamby. Commissioner Johnson arrived at 6:06 p.m. Commissioner Culpepper was absent. Mayor Girtz recognized the first class of ACCGov101 a 10-week course, we celebrate ACCGov 101 graduates - a group of residents who made the commitment to learn more about how their local government works and how to be engaged members of the Athens-Clarke County community. ACCGov 101 is an educational Community Government Academy that teaches residents, business owners, and community partners how ACCGov operates. The program introduces participants to a variety of local government functions, showcases departments and the services they provide, and educates residents on how to get involved moving forward. Topics of discussion include city-county history, unification, budget, planning, leisure services, public safety, public utilities, transportation, and more. The Spring 2026 cohort was the first group to go through this type of program since a virtual iteration was offered during the Covid years. Congratulations to the following residents for successfully completing the 10-week course: Brook Thompson, Chloe Hastey, Clif Cauley, Danielle Gillmer, Darya Kalantari, Deedee Walker, Diego Kirsch, Elle Lewis, Emily Simpson, Erick Gaona-Salazar, Ezra Schley, Jeremy Bohn, Joanna Parkman, Joe Allen, Jolaine Whitehead, Katie Kirkland, Louise Taylor, Michael McLendon, Nell Warnes, Nikki Yetter, Olivia Asher, Sarah Dunn, Sierra Hammock, Tawana Mattox, and Tracy Smith. A motion was made by Commissioner Thornton , seconded by Commissioner Taylor, to approve Minutes of meetings of Tuesday, March 3, 2026; and non-voting meetings of Tuesday, March 10, Tuesday, March 17, and Tuesday, March 24, 2026. The motion passed by eight yes votes. Written communication There were none. Commissioner Johnson arrived at 6:06 p.m. Old business - Consent Items under this section were discussed at prior public meetings and were presented for consideration as a single item. Only one vote was taken. Public input The following public input was received. 1. Allen Jones – supported Vision Zero Safety Action Plan. A motion was made by Commissioner Hamby, seconded by Commissioner Taylor, to consent to action on the following nine items. The motion passed by unanimous vote. 1. a. ADOPT: The following ordinance (#26-04-21) (Attachment #1) which was presented by title only; and b. Approve the grant application submitted for consideration totaling $75,000 as per agenda report dated January 27, 2026; and c. Accept the grant funds, if awarded; and d. 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 NATIONAL TRUST FOR HISTORIC PRESERVATION, NATIONAL ACTION GRANT FOR THE COMPLETION OF A HISTORIC STRUCTURE REPORT FOR THE MORTON BUILDING; 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 National Trust for Historic Preservation, National Action Grant for the completion of a historic structure report for the Morton Building. Said Operating budget is hereby amended as follows: Grants Special Revenue Fund: REVENUES: Increase: National Action Grant $75,000 EXPENDITURES: Increase: Leisure Services Operating Expenses $75,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 2. a. AUTHORIZE: The execution of the Intergovernmental Agreement between Oconee County and the Unified Government of Athens-Clarke County for the reimbursement of the salary and benefits for a newly authorized, full-time Attorney I-III position as per revised agenda report dated March 13, 2026 (Attachment #1): and b. Adopt the following ordinance (#26-04-22) (Attachment #2) which was presented by title only; and c. Authorize the creation of a new full-time Attorney I-III position for the District Attorney’s Office; and d. Authorize the Mayor and appropriate staff to execute all related documents and to allocate the budget based on the intergovernmental agreement. AN ORDINANCE TO AMEND THE FY2026 OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE FUNDING FOR ONE ADDITIONAL POSITION IN THE DISTRICT ATTORNEY’S OFFICE FOR AN INTERGOVERNMENTAL AGREEMENT BETWEEN OCONEE COUNTY AND THE UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY; 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 Special Programs Special Revenue Fund to provide funding one additional position in the District Attorney’s Office for an intergovernmental agreement between Oconee County and the Unified Government of Athens- Clarke County. Said Operating budget is hereby amended as follows: Special Programs Special Revenue Fund: REVENUES: Increase: Intergovernmental Revenue – Oconee County $150,000 EXPENDITURES: Increase: District Attorney’s Office Personal Services Expenses $150,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 3. a. APPROVE: Victims of Crime Act Grant Renewal for Solicitor General's Office as per agenda report dated March 10, 2026, the Solicitor General’s application for and, if awarded, acceptance of a Prosecuting Attorneys’ Council of Georgia Grant in the amount of $60,911 to be used to fund one victim advocate position and necessary supplies for the assistance of crime victims in calendar year (CY) 2026; and b. Approve the continuation of one full-time grant funded position for the Solicitor General’s Office for CY26; and c. Adopt the following ordinance (#26-04-23) which was presented by title only (Attachment #1) to the FY26 Solicitor General’s Office budget; and d. 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 PROSECUTING ATTORNEYS’ COUNCIL OF GEORGIA FOR CONTINUATION OF ONE FULLTIME POSITION AND ASSOCIATED EXPENSES TO SUPPORT ASSISTANCE TO CRIME VICTIMS; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The Commission of Athens-Clarke County, Georgia desires to amend the Grants Special Revenue Fund to provide grant funding from the Prosecuting Attorneys’ Council of Georgia for continuation of one fulltime position and associated expenses to support domestic violence cases. Said Operating and Capital budget is hereby amended as follows: Grants Special Revenue Fund: REVENUES: Increase: Victims of Crime Act Grant (PAC) $60,911 EXPENDITURES: Increase: Solicitor Personal Services $60,911 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 4. a. APPROVE: The proposed FY27 Housing Counseling Program funding recommendations listed in Attachment #1 as per agenda report dated February 18, 2026; and b. Authorize the Mayor and appropriate ACCGov staff to execute all related contracts and documents. 5. a. APPROVE and authorize the submission of the ACCGov Transit Department’s Public Transportation Agency Safety Plan 2026 Updates (Attachment # 1) to the Georgia Department of Transportation and Federal Transit Administration for final approval as per agenda report dated February 23, 2026; and b. Authorize the Mayor and appropriate staff to execute the resulting Public Transportation Agency Safety Plan document. 6. a. ACCEPT: The Vision Zero Safety Action Plan, as shown in Attachment #1, as per agenda report dated February 22, 2026; and b. Authorize Mayor and staff to submit required documentation to USDOT to have Athens-Clarke County’s Safety Action Plan approved by the Federal Highway Administration. 7. ACCEPT: The proposed North Avenue TAD Community-Identified Priority List and recommendation to fund the Economic Development and Partnership Opportunities at 70%, Affordable Housing Opportunities at 15%, Public Infrastructure TAD goal at 10%, and CCSD and Youth Development at 5% for the coming 5-10 years, (Attachment #1), as per agenda report dated February 20, 2026. 8. a. AUTHORIZE: And award bid #26012 and the procurement of six Allison H40 EP hybrid battery packs from The W.W. Williams Co., LLC in the amount of $308,675.40, for the midlife rehabilitation of the ACCGov Transit diesel-electric hybrid bus fleet as per agenda report dated February 23, 2026; and b. Authorize the Mayor and appropriate staff to execute all related documents. 9. a. APPROVE: The designation of Construction Services Contract Award to Dayco Ventures, LLC as the lowest responsive and responsible bidder for the SPLOST 2020 Project 20 - Satterfield Park Improvements Project as per agenda report dated February 26, 2026; and b. Approve a Total Construction Services Contract in the amount of $3,021,129.25 to Dayco Ventures, LLC as the lowest responsive and responsible bidder; and c. Authorize the Mayor and appropriate staff to execute all contracts and related documents. Public hearing and deliberation on recommendations from the Athens-Clarke County Planning Commission A public hearing was held on request of Scott Haines/W&A Engineering; Owners HIGHTECH Engineering, for Rezoning from I* (Industrial with conditions) to I (Industrial) , and Special Use Permit in I (Industrial for a Level III Industrial Concrete Batch Plant) on 10.147 acres known as 330 Old Hull Road. Proposed use is Concrete Batch Plant. Type II Planning Commission recommendation: Rezoning: Approval Special Use: Approval w/conditions Public input 1. Bryce Nicks – supported. A motion was made by Commissioner Thornton, seconded by Commission Taylor, to adopt the following ordinance (#26-04-24) 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 ONE PARCEL OF LAND COMPRISING APPROXIMATELY 10.147 ACRES LOCATED AT 330 OLD HULL ROAD FROM I* (INDUSTRIAL WITH CONDITIONS) TO I (INDUSTRIAL); AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The map constituting the component part of the Zoning Ordinance of Athens- Clarke County, Georgia, by virtue of and in compliance with Sections 9-3-3 and 9-3-6 thereof, is hereby amended by changing the zoning of one parcel of land comprising approximately 10.147 acres and located at 330 Old Hull Road, Athens, Georgia from I* (Industrial with conditions) to I (Industrial) as shown on Attachment A hereto. The affected parcel of land is more fully described in that certain document entitled “Special Use Plan,” designated in the lower right-hand corner as “SUP01,” dated January 30, 2026, prepared by Jon M. Williams, registered professional landscape 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. The affected parcel is also known as Tax Parcel No. 162 024L 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 motion was made by Commissioner Thornton, seconded by Commission Fisher, to adopt the following ordinance (#26-04-25) 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 I (INDUSTRIAL) DISTRICT FOR ONE PARCEL OF LAND LOCATED AT 330 OLD HULL ROAD; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The current I (Industrial) District is hereby amended to provide for special use approval of a Level III mobile concrete batch plant. The affected parcel of land is approximately 10.147 acres, is located at 330 Old Hull Road, and is known as tax parcel number 162 024L 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 is further described in that certain document entitled “Special Use Plan,” designated in the lower right-hand corner as “SUP01,” dated January 30, 2026, prepared by Jon M. Williams, registered professional landscape 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 one page in total. Said sheet is numbered, titled, and dated as shown in the table below. Sheet Title Date: No.: SUP01 Special Use Plan January 30, 2026 Upon adoption hereof, said sheet 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 three (3) pages in total, entitled “330 Old Hull Road,” and dated January 30, 2026. 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 conditions of zoning shall be associated with the special use approval herein. 1. All site-design standards applicable to the E-I zone shall apply after rezoning to I. 2. The property shall be limited to the uses permitted in the E-I zone, except for the specific use requested by the Special Use Permit. SECTION 4. All ordinances or parts of ordinances in conflict therewith are hereby repealed. Public hearing and deliberation on Fairhaven Tuberculosis Sanitarium Local Historic Landmark Designation. Public input. There was none. A motion was made by Commissioner Wright, seconded by Commissioner Link, to adopt the following ordinance (#26-04-26) 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 HISTORIC PRESERVATION - DESIGNATION OF THE FAIRHAVEN TUBERCULOSIS SANITARIUM; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. That the Fairhaven Tuberculous Sanitarium site located at 293 Gran Allen Drive in Athens-Clarke County is hereby designated as a local historic landmark, which shall be known as the Fairhaven Tuberculosis Sanitarium. Said local historic landmark shall be shown as such on the Official Zoning Map of Athens-Clarke County, Georgia, which is available for public inspection in the office of the Athens-Clarke County Planning Department. The boundary of said Fairhaven Tuberculosis Sanitarium Local Historic Landmark is shown and delineated on the site maps entitled " Proposed Landmark Designation Boundary - 293 Gran Ellen Dr," dated November 2025, attached hereto and incorporated herein by reference. Said property is shown and identified on the Athens-Clarke County tax maps as a portion of tax parcel number 181Al C00l (landmark structure site and immediate adjacent land). SECTION 2. The current owner of the site on the above-described property as listed in the most recent Athens-Clarke County tax digest is the Unified Government of Athens-Clarke County, Georgia. SECTION 3. The design guidelines for the Fairhaven Tuberculous Sanitarium , entitled "Athens- Clarke County, Georgia, Design Guidelines for Historic Districts and Landmark Properties" adopted December 6, 2011 and reformatted in 2024 are incorporated herein by reference. Pursuant to Sections 8-5-4 and 8-5-5 of the Code of Athens-Clarke County, these design guidelines shall be used by the Historic Preservation Commission in considering applications for certificates of appropriateness for the Fairhaven Tuberculous Sanitarium Local Historic Landmark. The guidelines are on file and available for inspection in the offices of the Athens-Clarke County Planning Department at 120 W. Dougherty Street, Athens, Georgia. SECTION 4. A certificate of appropriateness shall be obtained from the Athens-Clarke County Historic Preservation Commission prior to any material change in the appearance of the designated property described herein. SECTION 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Old and new business – Discussion Public input 1. Dr. Tawana Smith- Mattox – opposed data centers 2. Olivia Asher – opposed data centers 3. Darya Kalantari – opposed data centers 4. Danielle Cramer – supported an indefinite moratorium on data centers 5. Gail Chemo – data centers has an environmental impact 6. Deborah Stanley – supported changes for the parts of Buena Vista neighborhoods 7. Kalessa Langford- the future land use map should consider others 8. John Morris – more housing is needed for the homeless, supported Future Land Use map changes, opposed data centers 9. Nnenne Onyioha-Clayton– supported the future land use map 10. Broderick Flanigan – supported overlay districts 11. David Lyle – supported the future land use map 12. Daniel Lorentz – support future land use map 13. Michael Bean – supported affordable housing 14. Bertis Downs – supported commission defined options 15. Etha Suchdava - opposed data centers 16. James – opposed data centers 17. Nikki Chastain – stated we should prioritize residents and opposed future land use map 18. Barbara Benson – supported future land use map and AADM affordable housing ordinance 19. Barrett Binder - opposed data centers 20 Danielle Gilmer – supported data centers 21. Elle Lewis – opposed data centers and supported greenspaces and affordable housing 22. Willie Thomas – opposed data centers 23. Bennie Coleman – opposed future land use map 24. Alex Sams, Chair of Future Land Use Steering Committee – supported the future land use map 25. Willa Fambrough – opposed future land use map 26. Kent Middleton – supported the future land use map 27. Lisa Walker – stated people are begging for housing, do what is right A motion was made by Commissioner Thornton, seconded by Commissioner Myers, to PASS OUT WITH NO ACTION, Relocation of Mill Houses at 110 Puritan Lane and 1060 Macon Highway for Future Affordable Housing Use. The motion passed by unanimous vote. A motion was made by Commissioner Link, seconded by Commissioner Wright, to adopt the following ordinance (#26-04-27) for the 2045 Future Land Use Map update, which was presented by title only, with a Commission Defined Option from Commissioners Link, Wright, Myers and Hamby. The motion passed by unanimous vote. A motion was made by Commissioner Thornton, seconded by Commissioner Taylor, to approve the Commission Defined Option from Commissioner Thornton for the 2045 Future Land Use Map update. The motion passed by roll call vote with Commissioners Davenport, Link, Taylor, Fisher, Johnson, Myers, and Thornton voting YES; and Commissioners Wright and Hamby voting NO. (7 YES; 2 NO) A motion was made by Commissioner Taylor, seconded by Commissioner Link, to approve the Commission Defined Option from Commissioner Taylor for the 2045 Future Land Use Map update. The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO ADOPTION OF A FUTURE DEVELOPMENT MAP; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Section 9-3-3, of the Code of Athens-Clarke County, entitled “Official zoning map,” specifically, sub-section (A), paragraph (2) thereof, is hereby amended by deleting the phrase “July 3, 2018” in the first sentence and replacing it with “April 7, 2026,” deleting the phrase “February 4, 2014” in the second sentence and replacing it with “July 3, 2018,” and deleting the phrase “February 6, 2014” in the second sentence and replacing with “July 3, 2018,” so that said code section now reads as follows: 2. Future Development Map, adopted on April 7, 2026, as an integral component of the Athens-Clarke County Comprehensive Plan, and signed by the Athens-Clarke County Mayor and Clerk of Commission, with the following certification: “This is to certify that this is the Official Future Land Use Map of Athens-Clarke County referred to and incorporated in the Zoning Ordinance of Athens-Clarke County, Georgia.” This map supersedes the Official Future Development Map adopted July 3, 2018, and certified July 3, 2018. Said map is made a part of the Athens-Clarke County Comprehensive Plan by reference herein and a part of Title 9 of the Code of Athens-Clarke County by reference and incorporation as if fully set forth herein. SECTION 2. Chapter 9-4 of the Code of Athens-Clarke County, entitled “Procedures,” is hereby amended by replacing the compatibility matrix shown as Table 9.4 therein with the compatibility matrix attached hereto as Exhibit A, said exhibit being incorporated herein by reference. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Commissioner Hamby left the meeting at 8:32 p.m. . A motion was made by Commissioner Myers, seconded by Commissioner Thornton, to adopt the following ordinance (#26-04-28) which was presented by title only; and to return the data center ordinance to the Planning Commission with directions to further revise the ordinance with consideration of these added criteria for approval through a Special Use Permit process: • An energy consumption plan and annual reporting that covers electricity requirements, peak- demand estimates, use of renewable energy sources, back-up generator use and location, a power allocation letter from a utility provider, a transmission line impact assessment, and other technical materials necessary to evaluate whether the facility is compatible with surrounding land uses and available infrastructure. • A water consumption and sustainability plan and annual report to include the requirement to use a closed-loop, lower water use cooling system, water consumption rates, use of non-potable water, and a vulnerability assessment to water scarcity and drought. • Disclosure and regulatory guidance on how data centers are prioritized during periods of constrained resources, including drought, extreme heat, or power outages. • Limiting the size of the data center and their clustering. • Use of community benefits agreement to address any impact on residents within a certain distance. • Decommissioning plan that includes responsible recycling of electronic infrastructure. • Consideration of changing distance from 400 to 500 ft from property lines in Sec. 9-11-6 design standards F and G. The motion passed by eight yes votes. Commissioner Hamby was absent. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY GEORGIA, WITH RESPECT TO REGULATING DATA CENTERS AS AN INDUSTRIAL USE; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia, hereby ordains as follows: SECTION 1. Section 9-2-1 of the Code of Athens-Clarke County, Georgia, entitled “General,” is hereby amended by adding definitions for “data center,” “closed-loop system,” “open-loop system,” “onsite power generation,” “renewable energy,” and “server room” so that these defined terms now read as follows: Data Center: A specialized facility that hosts information technology infrastructure for building, managing, running, processing, delivering, or transmitting applications and services, or for storing and managing the data associated with those applications, network or telecommunication services. These facilities may also include supporting infrastructure such as cooling equipment, uninterruptible power supply systems, standby generators, associated fuel storage, etc. These facilities may be stationary or mobile and can vary in size. This definition includes, but is not limited to, enterprise, colocation, hyperscale, and edge data centers. Data Centers may be primary or auxiliary uses. This definition is intended to exclude “Server Rooms” as defined elsewhere in this Code section. Closed-loop system: A cooling system that constantly reuses and recycles an initial load of water and/or coolant within its operation. A closed loop system does not rely on evaporative cooling. The fluid in the closed loop does not directly mix with the atmosphere or the domestic water supply, preventing contamination and the loss of water. These systems also include any secondary system to bring the water and/or coolant back to its origin, not just the system around the interior machinery. Closed-Loop Systems may consist of methods that include, but are not limited to, air-cooled (dry) cooling, rear-door heat exchanger cooling, hybrid dry economizer cooling, direct-to-chip cooling, or immersion cooling. Open-loop system: A cooling system that circulates air through the entire facility, using intake vents from external sources while also releasing air out of the facility. Open- Loop Systems can be cooled with or without water, external temperature, air circulation, underground facilities, etc. Onsite power generation: The production of electricity at the location where it is consumed. This infrastructure may include, but is not limited to, gas or diesel generators, solar panels, combined heat and power (CHP) systems, geothermal energy, etc. Renewable energy: Power produced from power from natural sources that replenish constantly, like sunlight, wind, water, and underground heat, making them virtually inexhaustible and a cleaner alternative to fossil fuels. These sources are naturally replenished faster than they are used, offer low-to-zero carbon emissions, and reduce environmental impact. Key types include solar, wind, hydropower, and geothermal sources, and typically require associated energy storage systems, energy management systems, and other facility improvements to ensure sustained and reliable use. Server room: A designated area within a building, typically on-premises, where an entity or organization houses its information technology equipment for its own use, including servers, networking devices, and storage systems. All the defined terms described in Section 1 of this ordinance shall be arranged alphabetically in the codified version of Section 9-2-1 of the Code of Athens-Clarke County, Georgia, with the other terms defined therein. SECTION 2. Section 9-5-2 of the Code of Athens-Clarke County, Georgia, entitled “Permitted uses,” is hereby amended by adding “Data Centers” in the use table for the Agricultural Residential (AR) District in a new row under “Industrial Categories,” and adding the notation “N” under the column “AR” for the same, so that the pertinent portions of the use table for the Agricultural Residential (AR) District now read as follows: Zoning Districts AR Industrial Categories Printing/Publishing N Bakeries N Bottling Plants N Manufacture of Non-Odiferous Foods P Feed Lots or Slaughterhouses S Food Processing N Light Manufacturing N Heavy Manufacturing N Wholesale Sales N Wholesale Nurseries P Data Center N Distribution Center N Outdoor Storage N Wholesale Storage N Terminal (Materials) N Warehouse N Self-Service Storage N Construction Materials Sales N Junk Yards and Auto Wrecking N Kennels S Veterinary Clinics S Transfer Stations N Sanitary Landfills, Landfills, Commercial Incinerators N Asphalt Plants N Mines, mining, surface mining, quarries, gravel pits, sand pits N SECTION 3. Section 9-6-2 of the Code of Athens-Clarke County, Georgia, entitled “Permitted uses,” is hereby amended by adding “Data Center” in the use table for the Institutional (IN) District in a new row under “Industrial Categories,” and adding the notation “L(1)” under the column “IN” for the same, so that the pertinent portions of the use table for the Industrial (IN) District now read as follows: Zoning Districts IN Industrial Categories Printing/Publishing N Bakeries N Bottling Plants N Manufacture of Non-Odiferous Foods N Feedlots or Slaughterhouses N Food Processing N Light Manufacturing N Heavy Manufacturing N Wholesale Sales N Wholesale Nurseries N Data Center L(1) Distribution Center N Outdoor Storage L(1) Wholesale Storage N Self-Service Storage N Terminal (Materials) N Warehouse N Construction Material Sales N Junk Yards and Auto Wrecking N Kennels S Veterinary Clinics S Landfills, Commercial Incinerators, Transfer Stations L(1) Transfer Stations L(1) Sanitary Landfills, Commercial Incinerators L(1) Asphalt Plants N Mines, mining, surface mining, quarries, gravel pits, sand pits N SECTION 4. Section 9-7-2 of the Code of Athens-Clarke County, Georgia, entitled “Permitted uses,” is hereby amended by adding “Data Center” under “Industrial Categories,” and adding the notation “N” under the columns “RS-40,” “RS-25,” “RS-15,” “RS-8,” and “RS-5” for the same, so that the pertinent portions of the use table for the Single-Family Residential (RS) Districts now read as follows: Zoning Districts RS-40 RS-25 RS-15 RS-8 RS-5 Industrial Categories Printing/Publishing N N N N N Bakeries N N N N N Bottling Plants N N N N N Manufacture of Non-Odiferous N N N N N Foods Feed Lots or Slaughterhouses N N N N N Food Processing N N N N N Light Manufacturing N N N N N Heavy Manufacturing N N N N N Wholesale Sales N N N N N Wholesale Nurseries N N N N N Data Center N N N N N Distribution Center N N N N N Outdoor Storage N N N N N Wholesale Storage N N N N N Self-Service Storage N N N N N Terminal (Materials) N N N N N Warehouse N N N N N Construction Materials Sales N N N N N Junk Yards and Auto Wrecking N N N N N Kennels N N N N N Veterinary Clinics N N N N N Transfer Stations N N N N N Sanitary Landfills, Landfills, N N N N N Commercial Incinerators Asphalt Plants N N N N N Mines, mining, surface mining, N N N N N quarries, gravel pits, sand pits SECTION 5. Section 9-8-2 of the Code of Athens-Clarke County, Georgia, entitled “Permitted uses,” is hereby amended by adding “Data Center” in the use table for the Mixed Density Residential (RM) Districts in a new row under “Industrial Categories,” and adding the notation “N” under the columns “RM-1,” “RM-2,” and “RM-3” for the same, so that the pertinent portions of the use table for the Mixed Density Residential (RM) Districts now read as follows: Zoning Districts RM‐1 RM‐2 RM‐3 Industrial Categories Printing/Publishing N N N Bakeries L(5) L(5) L(5) Bottling Plants N N N Manufacture of Non-Odiferous Foods N N N Feed Lots or Slaughterhouses N N N Food Processing N N N Light Manufacturing N N N Heavy Manufacturing N N N Wholesale Sales N N N Wholesale Nurseries N N N Data Center N N N Distribution Center N N N Outdoor Storage N N N Wholesale Storage N N N Self-Service Storage N N N Terminal (Materials) N N N Warehouse N N N Construction Materials Sales N N N Junk Yards and Auto Wrecking N N N Kennels N N N Veterinary Clinics N N N Transfer Stations N N N Sanitary Landfills, Landfills, Commercial N N N Incinerators Asphalt Plants N N N Mines, mining, surface mining, quarries, N N N gravel pits, sand pits SECTION 6. Section 9-10-2 of the Code of Athens-Clarke County, Georgia, entitled “Permitted uses,” is hereby amended by adding “Data Center” in the use table for the Commercial (C) Districts in a new row under “Industrial Categories,” and adding the notation “N” under the columns “C-G,” “C-D,” “C- O,” “C-N,” and “C-R” for the same, so that the pertinent portions of the use table for the Commercial (C) Districts now read as follows: Commercial C‐G C‐D C‐O C‐N C‐R Zoning Districts General Downtown Office Neighborhoo Rural d Industrial Categories Printing/Publishing P P N N N Bakeries P P N L(2) L(2) Bottling Plants P P N L(2) L(2) Manufacture of Non- N N N N N Odiferous Foods Feed Lots and N N N N N Slaughterhouses Food Processing L(6) N N N N Light Manufacturing L(6) L(6) N N L(6) Heavy Manufacturing N N N N N Wholesale Sales P P N N P Wholesale Nurseries N N N N P Data Center N N N N N Distribution Center N N N N P Outdoor Storage N N N N P Wholesale Storage N N N N P Self-Service Storage N N N N P Terminal (Materials) N N N N P Warehouse N N N N P Construction Materials Sales P N N N N Junk Yards and Auto N N N N N Wrecking Kennels P N N N P Veterinary Clinics P N S S P Transfer Stations N N N N N Science Research and L(3) L(4) L(3) L(4) P Development Sanitary Landfills, Landfills, N N N N N Commercial Incinerators Asphalt Plants N N N N N Mines, mining, surface N N N N N mining, quarries, gravel pits, sand pits SECTION 7. Section 9-11-2 of the Code of Athens-Clarke County, Georgia, entitled “Permitted uses,” is hereby amended by adding “Data Center” in the use table for the Employment-Office (E-O), Employment- Industrial (E-I), and Industrial (I) Districts in a new row under “Industrial Categories,” and adding the notation “N” under the columns “E-O,” and “E-I” for the same, and adding the notation “S” under the column “I” for the same, so that the pertinent portions of the use table for the Employment-Office (E-O), Employment-Industrial (E-I), and Industrial (I) Districts now read as follows: Zoning Categories E‐O E‐I I Employment Employment Industrial Office Industrial Industrial Categories Printing/Publishing L(2) L(2) P Bakeries L(2) L(2) P Bottling Plants P P P Manufacture of Non- N L(2) P Odiferous Foods Food Processing N L(2) P Light Manufacturing N P P Heavy Manufacturing N N P Wholesale Sales P P P Wholesale Nurseries P P P Distribution Center S L(2) P Data Center N N S Outdoor Storage N L(2) P Wholesale Storage N L(2) P Self-Service Storage S P P Terminal (Materials) N L(2) P Warehouse N L(2) P Construction Materials Sales N P P Kennels S S P Veterinary Clinics P P P Feed Lots or Slaughterhouses N N S Junk Yards and Auto N N S Wrecking Transfer Stations N N P SECTION 8. Section 9-11-5 of the Code of Athens-Clarke County, Georgia, entitled “E-I (Employment-Industrial) and I (Industrial) performance standards for industrial category uses,” is hereby amended by deleting sub-section (A) thereof in its entirely and replacing it so that said sub-section (A) of Section 9-11-5 now reads as follows: A. Industrial uses. Performance standards for uses in the E-I (Employment-Industrial) and the I (Industrial) zones are designed to accomplish the intent of these districts. That intent protects both the community and proposed uses from abuse and negative impacts, while encouraging appropriate development to occur. To that end, industrial uses in the E-I (Employment-Industrial) and the I (Industrial) zones are determined to be permitted through several thresholds. Three threshold levels exist that will be reviewed either as a site review or special use permit. Level I uses are those that do not exceed specified criteria and do not require governmental funded infrastructure improvements; these are reviewed as site reviews. Level II uses are those that have exceeded the minimum thresholds for Level I or require local governmental funding of infrastructure improvements; this is a site review decision. Level III uses are those that are specifically listed within this section or uses that exceed Level II requirements, and will be reviewed through the special use permit procedure in chapter 9-20. Uses which exceed any of the thresholds listed elsewhere in this code section related to Level I, Level II, and Level III are not automatically prohibited, but instead require additional review by the Planning Director or his or her designee in consultation with the appropriate Director or their respective designee of the pertinent departments or offices of the Unified Government of Athens-Clarke County, according to level. 1. Level I. All uses are permitted, provided that they do not exceed the following criteria, do not require governmental funded infrastructure improvements and are not defined in Level III. If any of the following thresholds are exceeded, the use shall be reviewed as a Level II use. a. Water. (Excluding measurements for fire protection flow rates): (1) Peak demand total of 200 GPM (gallons per minute); or (2) 250,000 GPD (gallons per day); or (3) 250,000 Gallon holding tank b. Wastewater. (1) Site specific allocations; (2) Per requirements of the Unified Government of Athens-Clarke County Sewer Use Ordinance; or (3) Demand exceeding 100,000 GPD (gallons per day). c. Vibration (ground or air transmitted): (1) Adjacent to nonresidential properties: Frequency Peak Particle Velocity >40 hz ¾" per sec.* >40 hz 2" per sec.* *Measured at the property line (2) Adjacent to residential properties: Peak particle velocity 0.25" per second or 115 dbl (decibel peak linear), measured outside at ground level at closest residential structure. It is the intent of this section to regulate ground or air vibration in such a manner as to prohibit structural damage to adjacent uses. d. Hazardous materials use and storage. The applicant must demonstrate compliance with all applicable requirements of current local and state fire regulations. e. Traffic. The applicant must demonstrate compliance with the following using traffic generation rates based on the Institute of Traffic Engineers Trip Generation Manual (current edition). (1) Site allocation, as denoted on the traffic volume inventory located in the Athens-Clarke County Planning Department. All allocations are based on roadway capacity at level of service "D" for the road or street; or, lacking any site-specific information, the following standards will be used: i. 100 peak hour trip ends; or ii. Truck traffic comprising fifty percent or more of the site generated average weekday trip ends. f. Solid waste generation. Site specific criteria or 2,000 pounds per day of solid waste transported to landfill(s) under management of Athens-Clarke County. g. Odor. No use shall be operated so as to produce the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point along the lot line of the property on which the use is located. It is the intent of this section to regulate odor in a manner to prohibit it from exceeding levels that would become a nuisance or hazard to adjacent property. h. Noise. Noise levels shall comply with the following: Noise Levels (db) Measured at Property Line Adjacent to Adjacent to Residential or Nonresidential Agricultural Property Line Property Line 7:00 a.m.- 70 80 10:00 p.m. 10:00 55 80 p.m.—7:00 a.m. Noise levels are measured as constant, consistent sounds and not intermittent noise. All measurements shall be taken at property lines. It is the intent of this section to regulate noise in a manner to prohibit it from exceeding levels of sound that could become a nuisance or hazard to adjacent property. i. Glare. Glare or light from any operation and all lighting for parking areas or for the external illumination of buildings or grounds shall be directed or located in a manner such that direct or indirect illumination from the source of light shall not exceed one-half foot-candle measured at any residential lot line. Outside lights for nonresidential properties/uses must be made up of a light source and reflector so that the combined light beam is controlled and not directed across an adjacent property. It is the intent of this section to prevent light from spilling over to adjacent properties in amounts that can create negative impacts. All requirements or standards contained within Chapter 9-19 of this Code shall also apply. j. Stormwater. Stormwater shall be Regulated by Chapter 5-4 of this Code and any associated policies of the Athens-Clarke County Transportation and Public Works Department. k. Phasing. Each applicant, as part of an application, must demonstrate the impacts of each phase of the project relating to the thresholds listed as a. through j. above. 2. Level II. Level II uses are all uses, except those outlined in Level III, that exceed one of the locally specified thresholds listed as a. through j. for Level I above or that require local government-funded infrastructure improvements. The decision as to whether it is an allowable use will be based on one of the following: a. Review by staff to determine if proposed use is within capacity ranges and does not necessitate additional local governmental expenditure or use reserve capacity; or b. Reviewed by staff and does exceed capacities or use reserves and is forwarded to local government officials for decision and an agreed upon financing plan between the government and the potential industry. c. All Level II uses shall provide a Pre- and Post- Construction Report that provides anticipated performance data for each of the criteria listed in Section 9-11-5.A.1. regarding Level I uses. This report must be prepared by a licensed professional engineer. (1) Pre-Construction Report – Must show the existing conditions of the site at the time of Site Plan review. (2) Post-Construction Report – Must show the existing site conditions and actual Level I threshold data measurements at the time that operations commence, submitted within 12 months following issuance of the initial Certificate of Occupancy. 3. Level III. a. Uses. Uses in Level III will be those uses not covered by Levels I or II plus those principle uses listed below. These uses shall only be permitted by review through the special use procedure in chapter 9-20: (1) Airports and landing fields; (2) Data Center; (3) Reserved; (4) Explosives, including fireworks or munitions manufacture or storage in bulk quantities; (5) Garbage, offal, dead animal reduction or dumping; (6) Reserved; (7) Reserved; (8) Reserved; (9) Stock yards, commercial; (10) Conversion of energy by nuclear fusion or fission; (11) Reserved. b. Level III Submittal requirements. The following information is required for any Level III use that is a new application or that is submitting an application in accordance with Sec 9-25-2 of this Code. The Planning Director is authorized to develop and issue standard forms and instructions for the purposes of this code section. Annual Reporting of Performance Measurement Data: (1) After a Certificate of Occupancy is issued, an annual report shall be submitted to the Planning Department on or before the 2nd Monday of January of each calendar year. The annual report shall account for all actual Level I threshold performance measurement data for each of the criteria listed in Section 9-11-5.A.1. associated with the operation of the project for which the Certificate of Occupancy was issued. (2) If, based upon the annual report required in this code section for Level III uses, there is a demonstrated failure to comply with the approved requirements of the ordinance granting the special use, the Owner of the project (or the owner’s authorized designee) must submit to the Planning Department a verified report sealed by a licensed professional engineer stating what actions the owner must take to comply with the approved requirements of the ordinance granting the special use. This verified report must be submitted within six (6) months of the submission of the annual report. Within six (6) months after the submission of the verified report, plans must be submitted for the Plans Review process addressing the demonstrated failure(s) to comply with the approved requirements of the ordinance granting the special use. For good cause shown, the owner of the project (or the owner’s authorized designee) may request an extension of the deadline for submitting the verified report or the plans required herein. The Planning Director, upon a finding of good cause shown, may extend the deadline for submission for up to 60 calendar days. (3) Upon the issuance of a certificate of completion for any permitted work associated with the approved plans submitted as required under b.2. above, the next required annual report after the certificate of completion will be reviewed to ensure compliance with the approved requirements of the ordinance granting the special use. If the annual report demonstrates the same categorical failure, then there shall be renewed review of the special use permit through the special use procedure in chapter 9-20. SECTION 9. Section 9-11-6 of the Code of Athens-Clarke County, Georgia, entitled “E-I (Employment-Industrial) and I (Industrial) design standards,” is hereby amended by deleting sub-section (D) thereof in its entirety and replacing such sub-section and by adding new sub-sections (F), (G), (H), and (I), so that sub-sections (D), (F), (G), (H), and (I) of Section 9-11-6 now read as follows: D. Front yard landscaping. A minimum of 25 percent of the designated front yard setback shall be landscaped with a combination of trees, shrubs, and ground cover. The remainder of the front yard setback areas not paved with driveways or sidewalk shall be vegetated, which may be grass or other ground cover. * * * F. When within 400 feet of a property line associated with a residential or agricultural zoned property, mechanical equipment located on the property, whether on a roof top, on the ground level, or elsewhere on the subject property, must be screened on all four sides by an acoustical barrier. For purposes of this section, acoustical barrier is defined as an exterior solid or louvered wall containing sound-proofing materials designed to absorb noise. G. When within 400 feet of a property line associated with a residential or agricultural zoned property, applicants are required to have a buffer wall per the requirements of Section 9-15-3 of this Code and the required buffering must also have an earthen berm that has a minimum height of 6 feet and a grade lower than 2:1. Use of natural topography and preservation of existing vegetation, supplemented by new vegetation, if needed, may be substituted if determined by the Planning Director. H. Generator testing is limited to 9:00 a.m. – 5:00 p.m. Except for generator testing or commissioning activities, generator use is limited to backup/emergency use only. I. Data Centers. Data Centers shall use a true closed-loop cooling system. SECTION 10. Section 9-30-2 of the Code of Athens-Clarke County, Georgia, entitled “Spaces required,” is hereby amended by deleting the phrase “except warehousing,” in sub-section (C), paragraph (1) thereof and by adding a new sub-section (C), paragraph (4) thereto so that said paragraphs (1) and (4) of sub-section (C) of Section 9-30-2 now read as follows: 1. Industrial uses. One space for each 700 square feet of gross floor area, plus one space per company vehicle. * * * 2. Data centers. One space per employee during largest shift, plus one space per company vehicle. SECTION 11. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 12. The provisions of this ordinance are severable, and should any part of this ordinance be deemed by the final decision of a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. SECTION 13. The Clerk of Commission is authorized, in consultation with the Athens-Clarke County Attorney, to correct any scrivener’s errors that may be found herein after the adoption and approval hereof. SECTION 14. This ordinance shall become effective once approved 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 Myers, seconded by Commissioner Davenport, to a. Approve the designation of Hogan Construction Group, LLC as the highest scoring firm for Professional Design and Construction Administration Services for the SPLOST 2020 Project 25 - Eastside Library Project as per revised agenda report dated March 31, 2026; and b. Authorize staff to negotiate a final Scope of Construction Services with Hogan Construction Group, LLC for a not-to-exceed contract amount of $11,000,000; and c. Adopt the following ordinance (#26-04-29) which was presented by title only (Attachment #1); and d. Authorize the Mayor and appropriate staff to execute all related documents. The motion passed by eight yes votes. Commissioner Hamby was absent. AN ORDINANCE TO AMEND THE TRANSPORTATION SPECIAL PURPOSE LOCAL OPTION SALES TAX 2018 PROGRAM BUDGET SO AS TO PROVIDE ADDITIONAL FUNDING FOR PROJECT #12 PEDESTRIAN IMPROVEMENT PROGRAM; 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 TSPLOST 2018 Capital Projects Fund to provide additional funding for the TSPLOST 2018 #12 Pedestrian Improvement Program. Said Operating budget is hereby amended as follows: TSPLOST 2018 Capital Projects Fund: REVENUES: Increase: TSPLOST 2018 Excess Revenue $1,250,000 EXPENDITURES: Increase: Project #12 – Pedestrian Improvement $1,250,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A motion was made by Commissioner Wright, seconded by Commissioner Myers, to a. Approve the proposed FY27 Community Partnership Program funding recommendations listed in Attachment #1, as per agenda report dated February 16, 2026; and b. Approve a minimum funding request of $60,000 for CPP applications starting in FY28; and c. Authorize the Mayor and appropriate ACCGov staff to execute all related contracts and documents. The motion passed by seven yes votes; Commissioner Johnson abstained, and Commissioner Hamby was absent. (7YES; 1 ABSTAINED) A motion was made by Commissioner Wright, seconded by Commissioner Myers, to a) Authorize the execution of the Intergovernmental Agreement between the Unified Government of Athens-Clarke County and the Classic Center Authority Related to Approving the Selection of Accenture to serve as the Arena District Development Facilitator as per revised agenda report dated April 6, 2026 (Attachment #1); b) Authorize the Professional Services Agreement in an amount not-to-exceed $600,000 with Accenture to serve as Arena District Development Facilitator, as recommended by the Arena District Development Committee (Attachment #2); c.) Adopt the following ordinance (#26-04-30) which was presented by title only (Attachment #3); and d.) Authorize the Mayor and staff to execute all related documents. The motion passed by eight yes votes. Commissioner Hamby was absent. AN ORDINANCE TO AMEND THE FY2026 OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE FUNDING FROM THE EAST DOWNTOWN TAX ALLOCATION DISTRICT (TAD) FUND BALANCE, FOR EXPENSES RELATED TO THE PROFESSIONAL SERVICES AGREEMENT FOR AN ARENA DISTRICT DEVELOPMENT FACILITATOR IN ACCORDANCE WITH THE INTERGOVERNMENTAL AGREMENT BETWEEN ATHENS-CLARKE COUNTY AND THE CLASSIC CENTER AUTHORITY; 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 East Downtown TAD Fund to provide funding from fund balance for expenses related to the Professional Services Agreement for an Arena District Development Facilitator in accordance with the Intergovernmental Agreement between Athens-Clarke County and the Classic Center Authority. Said Operating budget is hereby amended as follows: East Downtown TAD Fund: REVENUES: Increase: Use of Available Fund Balance $200,000 Classic Center Authority $200,000 Total $400,000 EXPENDITURES: Increase: Other General Administration Operating Expenses $400,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. A motion was made by Commissioner Wright, seconded by Commissioner Fisher, to adopt the following resolution. The motion passed by eight yes votes. Commissioner Hamby was absent. A RESOLUTION OF THE COMMISSION OF ATHENS-CLARKE COUNTY, GEORGIA (“COUNTY”) AGREEING TO PARTICIPATE IN THE REMNANT DEFENDANTS’ SETTLEMENT AGREEMENT AND AGREEING TO BE BOUND BY THE CORRESPONDING COMBINED SUBDIVISION PARTICIPATION AND RELEASE FORM WHEREAS, the County initiated litigation against certain manufacturers and distributors of prescription opioids in In re: National Prescription Opiate Litigation, MDL 2804, to hold them accountable for the opioid epidemic and to seek equitable and monetary relief; WHEREAS, a national opioid settlement has been reached with six regional distributors/dispenser defendants: Associated Pharmacies, Inc. (and American Associated Pharmacies); J M Smith Corporation; Louisiana Wholesale Drug Company, Inc.; Morris and Dickson Co., LLC; North Carolina Mutual Wholesale Drug Company, Inc.; and United Natural Foods, Inc. (including its subsidiaries SuperValu and Advantage Logistics) (collectively the “Six Remnant Defendants”); WHEREAS, there is one settlement agreement (the “Remnant Defendants’ Settlement Agreement”) covering the combined settlement with the Six Remnant Defendants, and Athens-Clarke County, as an eligible Governmental Entity, now has the option to join as a Participating Subdivision; and WHEREAS, the County desires to participate in the Remnant Defendants’ Settlement Agreement and to be bound by the corresponding Six Remnant Defendants’ Combined Subdivision Participation and Release Form (“Combined Participation Form”). NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF ATHENS-CLARKE COUNTY, GEORGIA, AS FOLLOWS: Section 1. The Commission of Athens-Clarke County, Georgia, as the governing body of the County, hereby agrees to participate in the Remnant Defendants’ Settlement Agreement. Section 2. The Commission of Athens-Clarke County, Georgia, as the governing body of the County, hereby agrees to be bound by the corresponding Combined Participation Form. Section 3. The Commission of Athens-Clarke County, Georgia, hereby appoints Mayor Kelly Girtz as the duly-appointed representative of the County for the purposes of participating in the Remnant Defendants’ Settlement Agreement and agreeing to be bound by the corresponding Combined Participation Form. Section 4. The Commission of Athens-Clarke County, Georgia, directs the duly-appointed representative of the County to execute any document necessary to demonstrate the County’s agreement to join the Remnant Defendants’ Settlement Agreement as a Participating Subdivision, including, but not limited to, the requisite Combined Participation Form for the Remnant Defendants’ Settlement Agreement, which can be executed via DocuSign (the preferred method). Section 5. If any section, paragraph or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Resolution. Section 6. This Resolution shall be in full force and effect from and after its adoption as provided by law. A motion was made by Commissioner Thornton, seconded by Commissioner Taylor, to adopt the following ordinance (#26-04-31) which was presented by title only. The motion passed by eight yes votes. Commissioner Hamby was absent. AN ORDINANCE TO AMEND THE FY2026 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE ADDITIONAL FUNDING FOR ROAD PAVING; 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 American Rescue Plan (ARP) Coronavirus State and Local Fiscal Recovery Funds Special Revenue Fund, Fleet Replacement Fund and General Capital Projects Fund to provide additional funding for road paving; and for other purposes. Said Operating and Capital budget is hereby amended as follows: American Rescue Plan – CSLFRF Special Revenue Fund: EXPENDITURES Decrease: Dirt Road Paving up to $350,000 Increase: Fire Equipment up to $350,000 Fleet Replacement Fund EXPENDITURES Decrease: Fire Equipment up to $350,000 Increase: Transfers to General Capital Project Fund up to $350,000 General Capital Projects Fund: REVENUE Increase: Transfers from Fleet Replacement up to $350,000 EXPENDITURES Increase: Local Road Improvements up to $350,000 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Public input on items other than those on this agenda 1. Dr. Tawana Smith-Mattox – stated the local government should support children more. 2. Darya Kalantari – supported the AADM affordable housing ordinance. 3. Kirrena Gallagher – supported the progress for North Avenue TAD, the Rise Grant, and TSPLOST for North Avenue residents. 4. Richard DeRose – stated he is disappointed in the Athens-Clarke Police Department. 5. Nnenne Onyioha-Clayton – supported the AADM affordable housing ordinance. 6. Barry Binder – supported the AADM affordable housing ordinance. 7. Hampton – supported the AADM affordable housing ordinance. 8. Nikki Chastain – supported the AADM affordable housing ordinance. 9. Steve Williams – supported the AADM affordable housing ordinance. 10. Ray Smith – supported the AADM affordable housing ordinance. 11. Elle Lewis – supported the AADM affordable housing ordinance. 12. Broderick Flanigan – supported the AADM affordable housing ordinance. 13. Olivia Asher – supported the AADM affordable housing ordinance. 14. Kegan Brooks - thanked commissioners and others for working on the data centers ordinance and the AADM affordable housing ordinance. CHIEF OF STAFF SARAH GEORGE: 1. Contract awards for the month of February 2026. 2. Manager Proposed Operating Transfer for the Animal Services Department. COMMISSIONER DAVENPORT: 1. Stated he supports the AADM housing proposal, it’s just bad timing we need to be able to BE focused, work with the government. 2. Stated IT should look into the amount of phishing emails we are getting. 3. Reminded everyone of Earth Day and early voting starts on April 27th. 4. Stated the Athens Homeless Coalition has a pilot locker program at First Baptist Church at Pulaski Street. COMMISSIONER LINK: 1. Stated a meeting is needed with the local state legislature in reference to affordable housing asked Mayor Girtz if that is possible. Other agencies should be involved as well. COMMISSIONER TAYLOR: 1. Thanked staff for all of their hard work and what they do from 8-5. Thanked residents as well for being involved with civic engagements. 2. Stated that she will be attending the GICH Housing Conference and there will be a meeting on April 20 at the Athens Housing Authority at 10:00 a.m. the public can attend. 3. Announced she is running for re-election in District 3. COMMISSIONER WRIGHT: 1. Thanked staff for the upcoming budget meetings and all that they do, and the manager for upcoming meetings. 2. Stated she is glad the noise ordinance will be going back to the Legislative Review Committee. COMMISSIONER FISHER: 1. Invited the public to upcoming budget meetings this year the enterprise fund will be a topic of discussion. 2. Suggested that AADM should look at ACCGov affordable housing ordinance to see how we can partner together. 3. Invited the public to the 47th Anniversary of the Voices of Truth at Ebenezer Baptist Church West at 4:00 p.m. on Sunday, April 12th. 4. Thanked staff for all they do. COMMISSIONER JOHNSON: 1. Thanked residents for coming out to the meeting tonight and for their input. 2. Stated that Athens-Clarke County Police and other public safety agencies that worked together and the use of the Real Time Crime Center for helping solve the double murder downtown. 3. Stated there will be two events she will be partnering with the neighborhood leader, on reducing homelessness. One will be taking place on Wednesday at the Foxglove PlantBar on Baxter Street from 5 p.m. to 6:30 p.m. and one on April 24th from 3 p.m. to 5 p.m.at the Cooperative Extension is a resource fair. 4. Thanked the following government departments: ACCPD, TPW, Solid Waste, and Code Enforcement for their quick responses to areas of concern in District 6 . 5. Thanked citizens that came out to the final meeting before the FY26 budget was voted on advised them to come earlier this year for the FY27 budget. 5. Working with State Representatives is a good idea. 6. Extended an invitation to everyone to come out and support Mount Pleasant Baptist Church on their 156th Church Anniversary, located at 1931 Old West Broad Street. 7. Would like to work with AADM on affordable housing policy. COMMISSIONER MYERS: 1. Thanked everyone that came out to talk about affordable housing, and all the documents that she has received. 2. There will be two opportunities for residents to attend the work sessions on April 14th and April 16th on housing. Stated she will sit down with anyone who would like to discuss affordable housing. COMMISSIONER THORNTON: 1. Stated support for the AADM affordable housing ordinance and housing is her passion. In reference to the GICH meetings, you can speak if you are on the agenda. Informed the audience there is a zoning committee meeting on Thursday, April 9th from 9 to 10 a.m.. 2. Thanked Kirrena Gallaher for always supporting District 9 and North Athens. A motion was made by Commissioner Thornton, seconded by Commissioner Fisher, to adjourn. The motion passed by unanimous vote. The meeting adjourned at 10:08 p.m. _____________________________________________ Clerk of Commission

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