Due to the COVID-19 pandemic, the July 7 Mayor and Commission session was remote. The meeting could be viewed live at www.accgov.com/videos, on YouTube at www.youtube.com/accgov, on Facebook at www.facebook.com/accgov, and on ACTV Cable Channel 180 or the live ACTV stream at www.accgov.com/actvlive
Unified Government of Athens-Clarke County, Georgia Mayor and Commission Tuesday, July 7, 2020 6:00 p.m. City Hall/WebEx
The Mayor and Commission of the Unified Government of Athens-Clarke County met this date in regular monthly business session. Present: Commissioners Davenport, Parker, Link, Wright, Denson, Thornton, and Hamby. Absent: Mayor Girtz and Commissioner Herod. Mayor Pro tem Edwards presided.
A motion was made by Commissioner Wright, seconded by Commissioner Thornton, to reconsider action of Tuesday, June 2, 2020 with reference to an ordinance on loud/unruly parties. The motion passed by unanimous vote.
A motion was made by Commissioner Denson, seconded by Commissioner Link, to approve Minutes of meetings of Tuesday, June 2; Wednesday, June 3; Tuesday, June 16; and Thursday, June 25, 2020. The motion passed by unanimous vote.
Written communications
Entered into the record was acceptance of a street known at Chicopee Boulevard.
Public hearing and deliberation on recommendations from the Athens-Clarke County Planning Commission
A public hearing was held on request of Bob Smith / Smith Planning Group Owner: HLD & RHC, LLC, for rezoning from RM-1 (PD) (Mixed Density Residential, Planned Development) to C-N (PD) (Commercial Neighborhood, Planned Development) on 2.087 acres known as 300 Epps Bridge Parkway. Proposed use is commercial and mixed residential. Type II
Planning Commission recommendation: Approval w/conditions (unanimous)
Citizen input
The following citizen input was received.
1. Bob Smith – supported
A motion was made by Commissioner Hamby, seconded by Commissioner Thornton, to adopt the following ordinance (#20-07-38) which was presented by title only. The motion passed by unanimous vote.
AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO REZONING A PARCEL OF LAND COMPRISING APPROXIMATELY 2.087 ACRES AND LOCATED AT 300 EPPS BRIDGE PARKWAY FROM RM-1 (PD) (MIXED DENSITY RESIDENTIAL, PLANNED DEVELOPMENT) TO C-N (PD) (COMMERCIAL-NEIGHBORHOOD, PLANNED DEVELOPMENT); AND FOR OTHER PURPOSES.
The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. The map constituting the component part of the Zoning Ordinance of Athens-Clarke County, Georgia, by virtue of and in compliance with Section 9-3-3 and Section 9-3-6 thereof, is hereby amended by changing the zoning of a parcel of land located at 300 Epps Bridge Parkway and comprising approximately 2.087 acres from RM-1 (PD) (Mixed Density Residential, Planned Development) to C-N (PD) (Commercial-Neighborhood, Planned Development) as shown on Attachment A hereto. Said affected parcels of land being more fully described in the document entitled “Site Plan,” numbered in the lower right-hand corner as RZ-1, dated February 28, 2020, prepared by Charles R. Smith, registered landscape architect, 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 parcel comprising the approximate 2.087-acre tract of land is also known as Tax Parcel No. 074 A023A 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 at 301 College Avenue, Athens, Georgia, and duly noted in the minutes of the Commission meeting.
SECTION 2. The binding master site plan associated with this ordinance and incorporated herein by reference consists of seven sheets in total. Each sheet is titled, numbered, and dated in the lower right-hand corner as shown in the table below.
Sheet No.: Title: Date:
CVR Cover February 28, 2020
RZ-1 Site Plan February 28, 2020
RZ-2 Architectural Elevations February 28, 2020
RZ-3 Architectural Elevations February 28, 2020
RZ-4 Architectural Elevations February 28, 2020
RZ-5 Tree Management Plant February 28, 2020
RZ-6 TMP Notes and Details February 28, 2020
Each sheet listed above is stamped “Binding 6-10-20,” and is on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia.
The binding written report associated with this ordinance consists of twelve pages in total, is entitled “Master Planned Development Report,” dated February 28, 2020, and revised June 6, 2020, and is stamped “Binding 6-10-20.” Said report is on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia.
SECTION 3. The conditions of zoning associated with this ordinance are as follows:
1. Prior to permitting, the applicant shall revise the site plans to incorporate a public sidewalk within the right-of-way of the Unified Government of Athens-Clarke County for Epps Bridge Parkway. Such public sidewalk shall extend along the entirety of the subject parcel’s frontage along Epps Bridge Parkway.
2. Prior to permitting, the applicant shall revise the site plans in regard to parking spaces outside the parking structure to reflect the standards within Section 8-7-15 of the Code of Athens-Clarke County, Georgia, for parking lot trees.
3. Prior to the issuance of a certificate of occupancy, the applicant shall ensure that the traffic signal is upgraded to comply with the current standards of the Georgia Department of Transportation, which shall include, but not necessarily be limited to, flashing yellow arrow equipment and operation.
4. Any restaurants within the planned development shall cease operation by no later than 11:00 p.m.
5. Trash and recycling collection within the planned development shall occur only between the hours of 8:00 a.m. to 5:00 p.m. and only on Monday through Saturday. Trash and recycling collection shall not occur on Sunday.
6. No exterior sound amplification shall permitted within the planned development.
7. The property uses within the planned development shall be limited to the following: offices, retail, restaurants and bars, and multifamily residential. For purposes of clarity, the terms “offices, retail, restaurants and bars, and multifamily residential” shall not include gas stations.
8. Construction activities within the planned development shall be limited to 7:00 a.m. to 6:00 p.m., and shall occur only on weekdays (i.e., Monday through Friday). Construction activities within the planned development shall not occur on weekends (i.e., Saturday and Sunday).
9. The applicant shall ensure that an opaque fence with a minimum height of eight (8) feet is installed along the western property line prior to the issuance of any building permits.
10. The applicant shall ensure that plantings as shown within the binding plan documents shall be planted along the western property line prior to the issuance of any building permits.
11. The applicant shall agree to assist in the maintenance of the private stormwater infrastructure that services the planned development and surrounding properties. The applicant will do so by agreeing to split the costs of maintenance on a pro rata basis based upon lot area.
12. Large deliveries to commercial establishments within the planned development (e.g., offices, retail, restaurants and bars) shall be permitted only during the hours of 8:00 a.m. to 5:00 p.m. For the purposes of this condition, “large deliveries” shall mean deliveries by any vehicle larger than a van, panel truck, or pickup truck.
13. No signage within the planned development shall be internally illuminated (e.g., no lighted box signs).
14. Prior to the issuance of any permits, the applicant shall amend the binding site plans to remove the sidewalk along Woodlake Drive and to instead provide for enhanced landscaping along Woodlake Drive.
15. During the construction of the planned development, no construction vehicles shall be permitted to use Woodlake Drive for ingress and egress to the planned development.
SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
A public hearing was held on request of Josh Koons / Koons Environmental Design Owners: Shiver Family Farms, AJ Shiver Properties, for amendment to C-N (PD) (Commercial-Neighborhood, Planned Development) on 33.36 acres known as 352 Whitehall Road and 150 and 250 Pine Lodge Road. Proposed use is residential and commercial. Type II
Planning Commission recommendation: Approval w/conditions (unanimous)
Citizen input
The following citizen input was received.
1. Josh Koons – supported.
2. Henry Massey, developer – supported.
A motion was made by Commissioner Wright, seconded by Commissioner Link, to adopt the following ordinance (#20-07-39) 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 THREE PARCELS OF LAND COMPRISING APPROXIMATELY 33.36 ACRES IN TOTAL AND LOCATED AT 352 WHITEHALL ROAD, 150 PINE LODGE ROAD, AND 250 PINE LODGE ROAD FROM C-N (PD) (COMMERCIAL-NEIGHBORHOOD, PLANNED DEVELOPMENT) TO RM-1 (PD) (MIXED-DENSITY RESIDENTIAL, PLANNED DEVELOPMENT); AND FOR OTHER PURPOSES.
The Commission of Athens-Clarke County, Georgia hereby ordains as follows:
SECTION 1. The map constituting the component part of the Zoning Ordinance of Athens-Clarke County, Georgia, by virtue of and in compliance with Section 9-3-3 and Section 9-3-6 thereof, is hereby amended by changing the zoning of three parcels of land located at 352 Whitehall Road, 150 Pine Lodge Road, and 250 Pine Lodge Road and comprising approximately 33.36 acres from C-N (PD) (Commercial- Neighborhood, Planned Development) to RM-1 (PD) (Mixed Density Residential, Planned Development) to as shown on Attachment A hereto. Said affected parcels of land being more fully described in the document entitled “Existing Conditions,” numbered in the lower right-hand corner as PD 0.1, most recently revised June 9, 2020, prepared by Koons Environmental Design, Inc., 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 three parcels comprising the approximate 33.36-acre tract of land is also known as Tax Parcel Nos. 182 008B (352 Whitehall Road), 182 008D (150 Pine Lodge Road), and 182 008C (250 Pine Lodge Road) on the Athens-Clarke County tax maps, being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The date of this amendment to the Official Zoning Map of Athens-Clarke County as shown by Attachment A shall be noted on said Official Zoning Map in the office of the Clerk of Commission at 301 College Avenue, Athens, Georgia, and duly noted in the minutes of the Commission meeting.
SECTION 2. The binding master site plan associated with this ordinance and incorporated herein by reference consists of nine sheets in total. Each sheet is titled, numbered, and dated in the lower right- hand corner as shown in the table below.
Sheet No.: Title: Date (most recent revision):
PD 1.0 Planned Development Site Plan June 9, 2020
PD 1.1 Illustrative Master Plan June 9, 2020
PD 2.0 Planned Development Tree Management June 9, 2020 Plan
PD 2.1 Planned Development Tree Management June 9, 2020 Plan Notes and Details
AR 1.0 Representative Architecture June 9, 2020
AR 2.0 Representative Architecture June 9, 2020
AR 3.0 Representative Architecture June 9, 2020
AR 4.0 Representative Architecture June 9, 2020
AR 5.0 Representative Architecture June 9, 2020
Each sheet listed above is stamped “Binding 6-10-20,” and is on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia.
The binding written report associated with this ordinance consists of thirty-four pages in total, inclusive of Appendices A, B, and C, is entitled “Pinecrest Village Planned Development Amendment,” dated May 1, 2020, and revised June 9, 2020, and is stamped “Binding 6-10-20.” Said report is on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. SECTION 3. The conditions of zoning associated with this ordinance are as follows:
1. The applicant and/or developer shall ensure that the planned development has two (2) separate access roads in order to comply with the guidelines of the 2018 International Fire Code.
2. The applicant and/or developer shall provide signal timing modifications for the traffic signals at the following intersections: (a) Whitehall Road and Barnett Shoals Road; and (b) Barnett Shoals Road and College Station Road.
SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
A public hearing was held on request of Kiersten Lurer/PM&A and David C. Kirk/Athens Cellular, Inc. Owner: Mary Sheffer Kicklighter and Harold Dewey Kicklighter Trust c/o Roger Kicklighter, for special use in AR (Agricultural Residential) on 0.95 acre of an 82.02 tract known as 880 Belmont Road. Proposed use is a telecommunications facility. Type II Planning Commission recommendation: Approval (unanimous)
Citizen input
The following citizen input was received.
1. Chuck Palmer, representing petitioner – supported.
A motion was made by Commissioner Parker to approve said request with the condition the communications facility be of a mono pole design. The motion died for lack of a second.
A motion was made by Commissioner Davenport, seconded by Commissioner Wright, to adopt the following ordinance (#20-07-40) which was presented by title only. The motion passed by unanimous vote.
AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA, WITH RESPECT TO SPECIAL USE APPROVAL OF A WIRELESS TELECOMMUNICATIONS FACILITY IN THE AR (AGRICULTURAL RESIDENTIAL) DISTRICT ON AN APPROXIMATE 0.95-ACRE PORTION OF A PARCEL OF LAND AT 880 BELMONT ROAD COMPRISED OF 82.02 ACRES IN TOTAL; AND FOR OTHER PURPOSES.
The Commission of Athens-Clarke County, Georgia hereby ordains as follows:
SECTION 1. The current AR (Agricultural Residential) District is hereby amended to provide for special use approval of a wireless telecommunications facility. The subject parcel, which comprises 82.02 acres and is located at 880 Belmont Road, Athens, Georgia, is known as Tax Parcel No. 313 008 on the Athens-Clarke County Tax Map, being on file and available for public inspection in the office of the Athens- Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia. The date of this amendment to the Official Zoning Map of Athens-Clarke County as shown by Attachment A hereto shall be noted on said Official Zoning Map in the office of the Clerk of Commission and duly noted in the minutes of the Commission meeting.
The subject parcel is further described in that certain document entitled “Overall Boundary Plan,” prepared by Chad T. Wilhoit, Georgia registered professional engineer, designated in the lower right-hand corner as sheet number C-2, initially dated May 15, 2019 and most recently revised October 29, 2019, 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 approximate 0.95-acre portion of the subject parcel that will serve as the special use area for the wireless telecommunications facility is shown on said document as “Verizon 100 x 100 Lease Area” and “C/L 30’ Access Right-of-Way.”
SECTION 2. The binding site plan associated with this ordinance and incorporated herein by reference consists of four pages in total, with each sheet being numbered and titled on the right-hand side. The respective number, title, and date of each sheet is listed below.
Sheet No.: Title: Date (Most Recent Revision): C-2 Overall Boundary Plan October 29, 2019 C-2A Overall Site Plan October 29, 2019 C-3 Enlarged Site Plan October 29, 2019 C-4 Tower Elevation & October 29, 2019 Antenna Orientation
All sheets listed above are stamped “Binding 6-10-20,” and said plan is on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia.
The binding written report associated with this ordinance and incorporated herein by reference consists of six pages in total, entitled “Letter of Intent for Proposed ‘Belcamp’ Telecommunications Facility to be located at 880 Belmont Road, Athens 30605 (Parcel ID: 313-008) via Special Use Permit,” prepared by P. Marshall and Associates, LLC, dated September 25, 2019, stamped “Binding 6-10-20,” and is on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty Street, Athens, Georgia.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
A public hearing was held on request of Kiersten Lurer, PM&A for Freddie Massey for special use in AR (Agricultural Residential) District on 0.557 acre of a 34-acre tract known as 855 Nowhere Road. Proposed use is a telecommunications facility.
Citizen input
The following citizen input was received.
1. Chuck Palmer, for petitioner – supported.
A motion was made by Commissioner Link, seconded by Commissioner Wright, to approve said special use request with the condition the telecommunications facility be of a mono pole design. The motion failed with Commissioners Davenport, Link, and Wright voting YES and Commissioners Parker, Denson, Thornton, and Hamby voting NO. (3 YES; 4 NO)
Consent agenda. Items under this section were discussed at prior public meetings and were presented for consideration as a single item. Only one vote was taken.
A motion was made by Commissioner Denson, seconded by Commissioner Thornton, to consent to action on the following six items. The motion passed by unanimous vote.
1. APPROVE: The first amendment to the tower lease agreement as per Attachment #1 of agenda report dated May 13, 2020 with Verizon Wireless, for the installation and operation of additional equipment at the cellular communications site on the radio communications tower at 3035 Lexington Road; and authorize the Mayor and appropriate staff to execute all necessary documents.
2. APPROVE: a) Adoption of the Athens-Clarke County Transit Department’s Public Transit Agency Safety Plan Attachment # 1 of agenda report dated May 27, 2020;
b) Authorize the submission of the Athens-Clarke County Transit Department’s Public Transit Agency Safety Plan to the Georgia Department of Transportation (GDOT) and Federal Transit Administration (FTA) for final approval; and
c) Authorize the Mayor and appropriate staff to execute the resulting Public Transit Agency Safety plan document.
3. APPROVE: a) The Athens Cultural Affairs Commission (ACAC) recommended location for public art on Dr. Martin Luther King Jr Parkway as part of the TSPLOST 2018, Project #05 - Oconee Rivers Greenway Project as generally shown on Attachment #1 of agenda report dated June 8, 2020;
b) Approve the ACAC’s recommended budget for public art as part of the TSPLOST 2018, Project# 05 - Oconee Rivers Greenway Project in the amount of $55,000; and,
c) Authorize the Mayor and appropriate staff to execute all related documents.
4. APPROVE: A deductive change order in the amount of $323,554.52 for Anderson Street, Dublin Street, and Herring Street Water Line Upgrades as per agenda report dated May 27, 2020; and authorize the Mayor and appropriate staff to execute all related documents.
5. APPROVE: An exception to Policy/Procedure Statement WS-011: Water and/or Sanitary Sewer Services, to allow public sanitary sewer service to be provided to 140 Riverhill Drive, Athens, Georgia, as shown on Attachment #1 of agenda report dated May 27, 2020, subject to the property owner meeting the following conditions:
a) Submittal of properly executed private service line easement conveyances in a form acceptable to the Unified Government of Athens-Clarke County (ACCGov) Attorney and the Chief Plumbing Inspector; and
b) Payment of the appropriate fees as identified under Facts and Issues No. 6 for the property.
6. APPROVE: Government Operations Committee report dated June 9, 2020 to direct staff to prepare a text amendment for review and recommendation by the Athens Clarke County Planning Commission that would increase the number of children allowed in an in-home daycare from four to six.
Old business – Discussion
A motion was made by Commissioner Davenport, seconded by Commissioner Wright, ro HOLD until August 4 TSPLOST 2018 Project 10 - Public art for roundabout at Whitehall Road and South Milledge Avenue. The motion passed by unanimous vote.
A motion was made by Commissioner Hamby, seconded by Commissioner Link, to approve the preliminary construction plans for the Academy Sports Shopping Center Sewer Replacement Project as per agenda report dated May 27, 2020; and authorize staff to complete the final construction plans and solicit bids for construction. The motion passed by unanimous vote.
A motion was made by Commissioner Hamby, seconded by Commissioner Link, to approve the preliminary construction plans for the Atlanta Highway Sewer Replacement Project as per agenda report dated May 27, 2020; and authorize staff to complete the final construction plans and solicit bids for construction. The motion passed by unanimous vote.
A motion was made by Commissioner Wright, seconded by Commissioner Davenport, to: a) Consider a future ordinance to amend the FY20 Annual Operating and Capital Budget for Athens-Clarke County, Georgia so as to provide grant funding for the construction of TSPLOST 2018 Project #01 Airport Capital Improvements SP #3 Taxiway "A" at the Athens-Ben Epps Airport when grant amount is determined; b) Adopt the following ordinance (#20-07-41) which was presented by title only amending the SPLOST 2005 Program Budget, reallocating a total of $493,067 from the SPLOST 2005 Project #03 Airport Terminal, Unallocated Earned Interest and other SPLOST 2005 Revenues to SPLOST 2005 Program Project #10 Business Corridor Infrastructure – the amendment also reallocates $493,067 from the TSPLOST 2018 Project #09 Downtown Infrastructure Improvements to TSPLOST 2018 Project #01 Airport CIP Matching Funds for contingency as per Attachment #2 of agenda report dated March 31, 2020; c) Approve a designation of Astra Group, LLC as the apparent lowest responsive and responsible bidder and authorize staff to negotiate a unit price construction services contract with Astra Group, LLC in an amount not to exceed $5,699,172 for Taxiway “A” Schedule A and Schedule C of the Bid; d) Approve Holt Consulting Company, LLC to provide construction phase professional services and testing during construction for the Schedule A portion of the Taxiway “A” and Schedule C - Relocation of the Localizer in an amount not to exceed $442,700; and e) Authorize the Mayor and appropriate staff to execute all related documents.
The motion passed by roll call vote with Commissioners Davenport, Link, Wright, Denson, Thornton, and Hamby voting YES and Commissioner Parker voting NO. (6 YES; 1 NO)
AN ORDINANCE TO AMEND THE SPECIAL PURPOSE LOCAL OPTION SALES TAX 2005 PROGRAM AND THE TRANSPORTATION SPECIAL PURPOSE LOCAL OPTION SALES TAX 2018 PROGRAM BUDGETS SO AS TO PROVIDE FUNDING FOR THE SPECIAL PURPOSE LOCAL OPTION SALES TAX 2005 PROJECT #10 – BUSINESS CORRIDOR INFRASTRUCTURE IMPROVEMENTS AND THE TRANSPORTATION SPECIAL PURPOSE LOCAL OPTION SALES TAX 2018 PROJECT #01 -AIRPORT CIP MATCHING FUNDS; 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 Purpose Local Option Sales Tax (SPLOST) 2005 program and the Transportation Special Purpose Local Option Sales Tax (TSPLOST) 2018 program budgets so as to provide funding for the SPLOST 2005 project #10 – Business Corridor Infrastructure Improvements and the TSPLOST 2018 project #01 - Airport CIP Matching Funds. Said Operating and Capital Budget is hereby amended as follows: Special Purpose Local Option Sales Tax 2005 Fund: Fund Balance: Decrease: From unallocated prior year revenues ($44,969) From unallocated earned interest ($376,771) Subtotal ($421,740) Expenditures: Decrease: Project #03 Airport Comm. Terminal Facility ($71,327) ($493,067) Increase: Project #10 Business Corridor Infrastructure Imp $493,067
Transportation Special Purpose Local Option Sales Tax 2018 Fund: Expenditures: Decrease: Project #09 Downtown Transportation Infra. Imp ($493,067)
Increase: Project #01 Airport CIP Matching Funds $493,067
SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
A motion was made by Commissioner Wright, seconded by Commissioner Link, to approve request of Kiersten Lurer, PM&A for Freddie Massey for special use in AR (Agricultural Residential) District on 0.557 acre of a 34-acre tract known as 855 Nowhere Road.
The motion failed by roll call vote with Commissioners Davenport, Link, and Wright voting YES and Commissioners Parker, Denson, Thornton, and Hamby voting NO. (3 YES; 4 NO)
A motion was made by Commissioner Denson, seconded by Commissioner Parker, to DENY request of Kiersten Lurer, PM&A for Freddie Massey for special use in AR (Agricultural Residential) District on 0.557 acre of a 34-acre tract known as 855 Nowhere Road.
The motion to deny passed by roll call vote with Commissioners Parker, Denson, Thornton, and Hamby voting YES and Commissioners Davenport, Link, and Wright voting NO. (4 YES; 3 NO)
A motion was made by Commissioner Hamby, seconded by Commissioner Denson, to: a) Approve the proposed project list for TSPLOST 2018, Project #15 – Atlanta Highway Corridor Improvements Project as listed on Attachment #1 of agenda report revised July 7, 2020; b) Authorize staff to advance the proposed project list for TSPLOST 2018, Project #15 – Atlanta Highway Corridor Improvements Project as listed on Attachment #1 for prioritization during the project concept phase; c) Authorize staff to implement immediate impact project noted on the proposed project list for TSPLOST 2018, Project #15 – Atlanta Highway Corridor Improvements Project as listed on Attachment #1; and d) Authorize the Mayor and appropriate staff to execute all related documents.
The motion passed by unanimous vote.
A motion was made by Commissioner Parker, seconded by Commissioner Davenport to: a) Approve the proposed project list for TSPLOST 2018, Project #14 – Lexington Highway Corridor Improvements Project as listed on Attachment #1 of agenda report revised July 7, 2020;
b) Authorize staff to advance the proposed project list for TSPLOST 2018, Project #14 – Lexington Highway Corridor Improvements Project as listed on Attachment #1 for prioritization during the project concept phase; c) Authorize staff to implement immediate impact project noted on the proposed project list for TSPLOST 2018, Project #14 – Lexington Highway Corridor Improvements Project as listed on Attachment #1; and d) Authorize the Mayor and appropriate staff to execute all related documents.
The motion passed by unanimous vote.
A motion was made by Commissioner Wright, seconded by Commissioner Denson, to: a) Approve the Athens-Clarke County Police Department’s use of automated speed detection devices within marked Clarke County School District school zones as per agenda report dated May 29, 2020; b) Approve the proposal from American Traffic Solutions, doing business as Verra Mobility, (Attachment 1) to allow the development and sustainment of an automated speed detection program at permitted school zone sites; c) To allow for Verra Mobility to assess an electronic processing fee of up to $25 for each civil monetary penalty developed as a result of school zone automated speed enforcement; and d) Authorize the Mayor and appropriate staff to execute all documents associated with the program.
The motion passed by unanimous vote. A motion was made by Commissioner Wright, seconded by Commissioner Parker, to approve the change order in the amount of $513,633 to the CY20 Pavement Maintenance Program contract with Pittman Construction Inc. to add additional resurfacing and full depth patching as shown in Attachment #1 of agenda report dated May 29, 2020; and authorize the Mayor and appropriate staff to execute all related documents. The motion passed by unanimous vote.
A motion was made by Commissioner Parker, seconded by Commissioner Thornton, to approve the proposed indigent services funding recommendations as shown in Attachment #1 of agenda report dated June 11, 2020; and authorize the Mayor and ACCGov staff to execute all related contracts and documents. The motion passed by unanimous vote.
New business – Consider under suspension of Rules
A motion was made by Commissioner Denson, seconded by Commissioner Parker, to suspend Rules of Commission for consideration of items of new business. The motion passed by unanimous vote.
A motion was made by Commissioner Wright, seconded by Commissioner Link, to authorize a change order with Strickland and Sons, Inc. for the Tanyard Creek Interceptor Phase 2 project in the amount of $132,520 for water main replacements as per agenda report dated June 24, 2020; and authorize the 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 proposed COVID-19 Community Relief Resiliency Package to be generally distributed according to the timeline in Attachment #1 of agenda report dated June 26, 2020; b) Adopt the following ordinance (#20-07-42)which was presented by title only amending the Fiscal Year 2021 Annual Budget for these purposes as stated in Attachment #2; c) Consider an amendment to Section 1-9-5 of the ACCGov Code of Ordinances after required notification to establish a “Temporary full-time” appointment classification as defined in Attachment #5; and d) Authorize the Mayor and ACCGov staff to execute all related contracts and documents.
The motion passed by unanimous vote.
AN ORDINANCE TO AMEND THE FISCAL YEAR 2021 ANNUAL OPERATING AND CAPITAL BUDGET FOR ATHENS-CLARKE COUNTY, GEORGIA SO AS TO PROVIDE FOR FUNDING FOR COVID-19 COMMUNITY RELIEF RESILIENCY PACKAGE PROGRAMS; AND FOR OTHER PURPOSES.
The Commission of Athens-Clarke County, Georgia hereby ordains as follows:
SECTION 1. The Commission of Athens-Clarke County, Georgia desires to amend the General Fund to provide for funding for COVID-19 Community Relief Resiliency Package Programs. Said Operating and Capital budget is hereby amended as follows:
General Fund:
DECREASE: Other General Administration: Resiliency Package (unallocated) ($2,465,000)
Fund Balance (Unassigned) ($2,760,000) Total ($5,225,000)
INCREASE: Housing and Community Development: Resiliency Pkg - Indigent Services $900,000
Other General Administration: Resiliency Pkg – Public Health Partnership $150,000 Resiliency Pkg – Athens Community Corps Pgrm $525,000 Resiliency Pkg – Local Bus. Relief Loans $1,000,000 Resiliency Pkg – Community Food Relief $2,650,000
Total $5,225,000
SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
A motion was made by Commissioner Hamby, seconded by Commissioner Thornton, to adopt the following ordinance (#20-07-43) which was presented by title only assessing taxes for the year 2020 as requested by the Clarke County School District. The motion passed by unanimous vote.
AN ORDINANCE TO LEVY AND ASSESS TAXES FOR THE CLARKE COUNTY BOARD OF EDUCATION FOR THE CLARKE COUNTY SCHOOL DISTRICT, ATHENS- CLARKE COUNTY, GEORGIA, FOR THE YEAR 2020; AND FOR OTHER PURPOSES.
The Commission of Athens-Clarke County, Georgia hereby ordains as follows:
SECTION 1. The following tax, as authorized by the Georgia Constitution, Article VIII, Section VI, Paragraph I, is hereby levied and assessed for the year 2020; and the following described property shall be subject to the tax hereinafter prescribed.
SECTION 2. There is hereby levied and assessed for the year 2020 on all of the taxable property in Athens-Clarke County, Georgia, ad valorem taxes for school purposes for maintenance and operation at the rate of 20.00 mills, as certified by the Clarke County Board of Education, upon the value of said property as fixed by the Tax Digest of Athens-Clarke County.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
22. A motion was made by Commissioner Denson, seconded by Commissioner Link, to adopt the following ordinance (#20-07-44) which was presented by title only. The motion passed by unanimous vote.
AN ORDINANCE FOR THE FIFTH DECLARATION OF A LOCAL STATE OF EMERGENCY RELATED TO COVID-19; AND FOR OTHER PURPOSES.
WHEREAS, Athens-Clarke County, Georgia has experienced an event of critical significance as a result of the Coronavirus (COVID-19) disease (“COVID-19”); and WHEREAS, the Centers for Disease Control and Prevention, (the “CDC”) indicates that COVID-19 is a new and contagious respiratory disease caused by a novel (new) coronavirus that was first detected in China and which has now been detected in more than 100 locations around the world, including in the United States; and WHEREAS, COVID-19 is officially a global pandemic according to the WHO; and WHEREAS, COVID-19 can spread from person to person, and can result in no symptoms, minor symptoms, or serious illness causing permanent organ damage and death; and WHEREAS, individuals age 65 or over or living with certain medical conditions identified by the CDC (members of Vulnerable Populations) and members of other populations identified by the CDC (“Other Populations at Risk”) are at risk of severe and lasting harm to health or death from COVID-19; and WHEREAS, COVID-19 also has been reported to cause severe and permanent damage to some children; and WHEREAS, there is no vaccine or approved treatment for COVID-19; and WHEREAS, the CDC has noted that COVID-19 spreads very easily and sustainably when an infected person (who may not exhibit symptoms at all, or only minor symptoms) talks, sneezes, or coughs in close proximity with others (within six feet); and WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency for the United States of America in response to COVID-19; and WHEREAS, on March 14, 2020 Governor Brian Kemp declared a Public Health State of Emergency in Georgia and renewed his declaration on April 8, 2020, April 30, 2020, May 28, 2020, and again on June 29, 2020 so that it will remain in effect at least through August 11, 2020; and WHEREAS, on March 16, 2020, the Mayor and Commission of the Unified Government of Athens-Clarke County, Georgia adopted an Ordinance for the Declaration of Local State of Emergency related to COVID-19; WHEREAS, on March 19, 2020, pursuant to their authority under the Athens-Clarke County Emergency Management Ordinance, the Athens-Clarke County Mayor and Commission adopted a Second Declaration of Local Emergency activating certain emergency powers in order to allow Athens-Clarke County to quickly respond to the COVID-19 pandemic and renewed that declaration on April 21, 2020, and again on June 2, 2020; and WHEREAS, the Governor, through Executive Orders 04.30.20.01, 05.12.20.02, 05.28.20.02, 06.11.20.01, and 06.29.20.02 has recognized the need to take extra precautions to protect certain vulnerable populations who meet the criteria for higher risk of severe illness as defined by the CDC and identified in Section III of the Governor’s Executive Order 06.29.20.02 (“Vulnerable Populations”); and WHEREAS, Executive Orders 04.30.20.01, 05.12.20.02, 05.28.20.02, 06.11.20.01, and 06.29.20.02 required Vulnerable Populations to continue to shelter in place, with exceptions that include participating in essential services and working, through July 15, 2020; and WHEREAS, the Mayor and Commission desire to protect individuals in said Vulnerable Populations and Other Populations at Risk in a reasonable manner and as recommended by the CDC and by the Georgia Department of Public Health, while such individuals are participating in essential services and working; and WHEREAS, the CDC1, Dr. Kathleen Toomey (Georgia’s Commissioner of Public Health), and Governor Kemp through Executive Order 05.12.20.02, and subsequent Executive Orders, have recommended that individuals wear facial coverings over the nose and mouth to mitigate the spread of COVID-19 when they are in public places where they cannot practice social distancing (i.e., stay at least six feet away from other individuals who do not share the same household); and WHEREAS, the CDC states that wearing a facial covering over the nose and mouth is a recommended precaution designed to prevent symptomatic and asymptomatic individuals who have contracted COVID-19 from spreading it to other individuals; and WHEREAS, Dr. Toomey and Governor Kemp have modeled the behavior of wearing facial coverings as examples for Georgians to follow; and WHEREAS, according to the Georgia Department of Public Health Daily Status Report for Monday, July 6th, 2020, Georgia now has 95,516 confirmed cases of COVID-19, including 714 confirmed cases in Athens-Clarke County; and WHEREAS, according to the Georgia Department of Public Health Daily Status Report for Monday, July 6th, 2020, 2,660 individuals in Georgia have died and 11,775 have been hospitalized after contracting COVID-19; and WHEREAS, as indicated above, the state of Georgia remains under a state of emergency as a result of the COVID-19 pandemic; and
1 CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies), especially in areas of significant community-based transmission.
“In light of new data about how COVID-19 spreads, along with evidence of widespread COVID-19 illness in communities across the country, CDC recommends that people wear a cloth face covering to cover their nose and mouth in the community setting. This is to protect people around you if you are infected but do not have symptoms.”
A cloth face covering should be worn whenever people are in a community setting, especially in situations where you may be near people. These settings include grocery stores and pharmacies. These face coverings are not a substitute for social distancing. Cloth face coverings are especially important to wear in public in areas of widespread COVID- 19 illness.
Yes. Wearing cloth face coverings is an additional public health measure people should take to reduce the spread of COVID-19. CDC still recommends that you stay at least 6 feet away from other people (social distancing), frequent hand cleaning and other everyday preventive actions. A cloth face covering is not intended to protect the wearer, but it may prevent the spread of virus from the wearer to others. This would be especially important if someone is infected but does not have symptoms.
WHEREAS, Governor Brian Kemp has relaxed and/or removed many restrictions on businesses resulting in citizens and visitors interacting in public and commercial establishments; and WHEREAS, the guidelines promulgated by the White House on re-opening America specifically call for a 14-day downward trajectory among other gating criteria, which guidelines are specifically incorporated by reference; and WHEREAS, the incidence of infection and death in the territorial limits of the Unified Government of Athens-Clarke County, hereinafter referred to as “Athens-Clarke County,” continues to increase, signifying the continued spread of the highly contagious and deadly disease; and WHEREAS, this continued increase is a threat to the health, safety, and welfare of the Athens- Clarke County community, especially individuals in Vulnerable Populations and Other Populations at Risk; and WHEREAS, the number of cases is growing rapidly; and if COVID-19 continues to spread in Athens-Clarke County and the surrounding communities, the number of persons relying on medical, pharmaceutical, and general cleaning supplies will increase, the private and public sector work force will be negatively impacted by absenteeism, and the demand for medical facilities may exceed locally available resources; and WHEREAS, the CDC indicates that there is evidence of widespread community transmission in Georgia; and WHEREAS, the CDC and public health officials expect that additional cases of COVID-19 will be identified in the coming days; and WHEREAS, the CDC advises that the use of masks or cloth facial coverings will slow the spread of COVID-19, and the CDC recommendations on PPE usage are hereby incorporated by reference; and WHEREAS, taking measures to control outbreaks minimizes the risk to the public, maintains the health and the safety of the residents of Athens-Clarke County, and limits the spread of infection in our communities and within the healthcare delivery system; and WHEREAS, it is vitally important that we all work together to decrease the widespread proliferation of COVID-19 among us all now rather than suffer the unfortunate and devastating medical and economic consequences later; and WHEREAS, pursuant to the authority of O.C.G.A. § 38-3-28(a), local governments are specifically empowered to enact rules and regulations as may be necessary for emergency management purposes; and WHEREAS, O.C.G.A. § 38-3-28(a) also grants political subdivisions the power to supplement the Governor’s Executive Orders; and WHEREAS, this order is intended to be entered with due regard to the uniform principle that masks or facial coverings will slow the spread of COVID-19 as contemplated by O.C.G.A. § 38-3-28(c); and WHEREAS, this emergency order is authorized by O.C.G.A. §§ 38-3-4 and 38-3-28 and the local control provisions of Governor Kemp’s Executive Order of June 29, 2020, and it is specifically intended to supplement such declaration, as amended, and should not be construed to be inconsistent therewith; and WHEREAS, notwithstanding the foregoing, the Supreme Court of Georgia has noted that the Unified Government of Athens-Clarke County, Georgia, is neither a county nor a municipal government, but rather a “new political entity” formed in accordance with “the constitutionally- sanctioned consolidation of municipal and county governmental and corporate powers and functions”;2 and WHEREAS, pursuant to O.C.G.A. § 38-3-51, the Governor’s declared public health emergency authorizes the Mayor and Commission to use emergencies powers in O.C.G.A. §§ 38-3-1 through 38-3-64; and WHEREAS, pursuant to O.C.G.A. § 38-3-6, during an emergency, O.C.G.A. §§ 38-3-1 through 38- 3-64 are supposed to be liberally construed to effectuate their purposes; and WHEREAS, pursuant to Section 1-104 (d) of the Charter of the Unified Government of Athens- Clarke County, Georgia, the Mayor and Commission have the right, duty, power, privilege and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security and general welfare of said government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully enumerated herein and to do and perform all of the acts pertaining to its property, affairs and local government which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions; and WHEREAS, pursuant to Sub-Sections (36) and (39) of Section 8-114 of the Charter of the Unified Government of Athens-Clarke County, Georgia, the Mayor and Commission have the following additional powers: (17) Health: To prescribe and enforce heath and sanitation standards; and (36) Emergencies: To provide for the determination, proclamation and combatting of emergencies; and
2 Athens-Clarke County v. Walton Electric Membership Corporation, 265 Ga. 229, 230 (1995). (39) General health, safety, and welfare: To define, regulate and prohibit any act, practice, conduct or use which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the unified government; and WHEREAS, the United States Supreme Court has previously held that “[upon the principle of self- defense, of paramount necessity, a community has the right to protect itself against an epidemic of disease which threatens the safety of its members”; and WHEREAS, the Mayor and Commission of Athens-Clarke County, Georgia have determined that it is necessary to continue its Declaration of a Local State of Emergency; and WHEREAS, the following actions related to requiring facial coverings in public are necessary and appropriate to balance the public’s interest in being free from undue restrictions with the compelling public interest of providing for the health, safety and welfare of the residents of Athens-Clarke County and the surrounding communities, particularly those individuals who are members of Vulnerable Populations and Other Populations at Risk; and WHEREAS, in the judgment of the Mayor and Commission of the Unified Government of Athens- Clarke County, Georgia, with advice from other subject matter experts, there exist emergency conditions as a result of COVID-19 within the geographical boundaries of the Unified Government as described in Section 1-102 of the Charter requiring extraordinary and immediate corrective actions for the protection of the health, safety, and welfare of the citizens of Athens-Clarke County and the surrounding communities;
NOW, THEREFORE, the Commission of Athens-Clarke County, Georgia hereby ordains and declares that a local state of emergency continues to exist within the territorial limits of the Unified Government of Athens-Clarke, County, Georgia, and shall continue until the conditions requiring this declaration are abated.
NOW, THEREFORE, because of the local state emergency ordained and declared above, the Commission of Athens-Clarke County, Georgia hereby ordains and orders the following:
SECTION 1.
The Athens-Clarke County Office of Emergency Management shall continue with its activation of the Emergency Operations Plan and that the following sections of the Code of Athens-Clarke County, Georgia, shall continue to be implemented:
(a) Section 3-4-5 Additional Emergency Powers
(b) Section 3-4-9. Authority to Waive Procedures and Fee Structures
SECTION 2.
Any provisions of the Alcoholic Beverages Ordinance, Chapter 6-3 of the Code of Athens-Clarke County, Georgia, prohibiting an establishment licensed to sell beer or wine on premises from selling unopened bottles, cans, or growlers of beer and wine for take-out consumption off premises shall be temporarily suspended for the duration of this local declaration. It is the intent of this order that any establishment licensed to sell beer and/or wine shall be authorized to sell unopened bottles or cans and sealed growlers of such beverages for take-out consumption off premises through the duration of the declared Local Emergency, including any extension thereof. All other provisions of the Alcoholic Beverages Ordinance not in conflict with this order shall remain in full force and effect.
SECTION 3.
That the April 1, 2020 deadline for payment of Occupation Tax and regulatory fees continue to be extended to and including August 11, 2020. Any provisions of Athens-Clarke County’s Occupation Tax in conflict in with the extension granted herein are hereby temporarily suspended. All other provisions of the Occupation Tax Ordinance, Chapter 6-1 of the Code of Athens-Clarke County, Georgia, remain in full force and effect.
SECTION 4.
For the protection of members of the public, including members of Vulnerable Populations and members of other Populations at Risk, facial coverings or masks shall be required in public places within Athens-Clarke County to slow the spread of the novel coronavirus disease known as COVID-19 as follows:
(a) Definitions:
Facial covering or mask: A device to cover the nose and mouth of a person to impede the spread of saliva or other fluids during speaking, coughing, sneezing or other intentional or involuntary action. Medical grade masks are not required; coverings may be fashioned from scarves, bandanas, or other suitable fabrics. The mask must cover the mouth and nose of the wearer.
Public place: Any place other than an individual’s home, including the curtilage thereof, or a personal vehicle.
(b) All persons entering a commercial establishment in Athens-Clarke County must wear a facial covering or mask while inside such establishment. This requirement to wear a facial covering does not apply to religious establishments; however, the use of facial coverings is highly recommended during religious activity.
(c) All restaurants, retail stores, salons, grocery stores, and pharmacies in Athens-Clarke County must require their employees to wear a facial covering or mask at all times while having face- to-face interaction with the public.
(d) Any person who is unable to safely wear a facial covering or mask due to age, an underlying health condition, or is unable to remove the facial covering or mask without the assistance of others is exempt from this Ordinance.
(e) Facial coverings or masks are not required in the following circumstances:
1. In personal vehicles;
2. When a person is alone in enclosed spaces or only with other household members;
3. During outdoor physical activity, provided the active person maintains a minimum of six (6) feet from other people with whom they do not cohabitate at all times;
4. While drinking, eating, or smoking;
5. When wearing a facial covering or mask causes or aggravates a health condition;
6. When wearing a facial covering or mask would prevent the receipt of personal services; and
7. When a person is ten (10) years of age or younger.
(f) Violations of Sub-Sections (b) and (c) of this Section 4 may be enforced by a notice of ordinance violation issued by any police officer, code enforcement officer, or other authorized law enforcement official as provided below:
1. A person who fails to comply with Sub-Section (b) of Section 4 of this Ordinance shall not be punishable by imprisonment but shall be punishable by a civil fine of not more than $25.00 on the first offense, not more than $50 on the second offense, and not more than $100 on the third offense and any subsequent offenses.
2. A person who fails to comply with Sub-Section (c) of Section 4 of this Ordinance shall not be punishable by imprisonment but shall be punishable by a civil fine of not more than $25.00 on the first offense, not more than $50 on the second offense, and not more than $100 on the third offense and any subsequent offenses. For the purposes of Sub-Section (c) of Section 4 of this Ordinance, “person” shall be defined as an individual associated with the business who has the control or authority and ability to enforce the social distancing requirements of this Ordinance within the business such as an owner manager or supervisor. “Person” may also include an employee or other designee that is present at the business but does not have the title of manager, supervisor, etc. but has the authority and ability to ensure that the requirements of this Order are met while the business is open to the public. 3. A notice of violation may be served by delivery into the hands of the suspected violator.
4. Violators may respond to a notice of ordinance violation either by signing the notice and returning the notice along with payment of the fine indicated thereon to the Municipal Court of Athens-Clarke County by the date indicated on the notice or by appearing in the Municipal Court to plead no liability to the charged violation at the date and time provided on the notice. As a violation of this Ordinance shall be deemed civil in nature, the government shall bear the burden to prove, by a preponderance of the evidence, that a defendant violated this ordinance. No proceedings for contempt or arrest shall be initiated for failure to appear on the return date on the notice.
5. Violators who fail to respond—by payment of the civil fine, entry of a “no liability” plea, or other mechanism as may be deemed appropriate by the Judge of the Municipal Court of Athens-Clarke County—to a notice of ordinance violation as provided for in paragraph 4 above may thereafter be served personally with an ordinance violation citation or accusation, and criminally prosecuted pursuant to section 1-1-5 (a) of the Code of Athens-Clarke County, Georgia.
6. The foregoing notwithstanding every effort shall be made to bring an individual into voluntary compliance with the terms of this Ordinance prior to issuance of any Notice of Violation.
(g) The provisions of Section 4 of this Ordinance shall not apply within the territorial limits of any municipality located within Athens-Clarke County or to any property, office, or facility of the Clarke County School District, the State of Georgia or its instrumentalities (including, without limitation, the Board of Regents of the University System of Georgia and any association or foundation affiliated therewith), or the United States of America or its instrumentalities.
SECTION 5.
This Ordinance shall become effective at 8:00 a.m. on the next day following the Mayor’s approval, and will continue to be in effect until 11:59 p.m. on Tuesday, August 4, 2020, or until it is extended, rescinded, superseded, or amended by an ordinance of the Commission.
Should any provision, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, paragraphs, sentences, or words of this Ordinance as hereby issued shall remain in full force and effect.
All Ordinances or parts of Ordinances in conflict with this Ordinance are, to the extent of such conflict, hereby repealed or set aside.
SECTION 6.
Copies of this Ordinance shall be: (1) promptly posted at Athens-Clarke County City Hall, 301 College Avenue, Athens, Georgia; (2) promptly posted on the www.accgov.com website; and (3) provided to any member of the public requesting a copy of this Order.
A motion was made by Commissioner Thornton, seconded by Commissioner Hamby, to adopt a resolution in recognition that black lives matter.
A susbtitute motion was made by Commissioner Parker, seconded by Commissioner Denson, to amend the resolution by incorporating portions of the Black Life Matters platform.
The substitute motion was withdrawn.
A substitute motion was made by Commissioner Parker, seconded by Commissioner Link, to hold this item until August 4.
The substitute motion failed by roll call vote with Commissioners Parker, Link, and Denson voting YES and Commissioners Davenport, Wright, Thornton, and Hamby voting NO. (3 YES; 4 NO)
The original motion to adopt was approved by unanimous vote and the following resolutuion was declared adopted.
A RESOLUTION OF THE COMMISSION OF ATHENS-CLARKE COUNTY, GEORGIA, IN RECOGNITION THAT BLACK LIVES MATTER
WHEREAS, the Unified Government of Athens-Clarke County, Georgia, acknowledges and recognizes the inhuman treatment, including overt, institutional and unconscious racism and even the murder of many Black people, and the long-term trauma many Black people have experienced as a result of this treatment, including but not limited to de jure slavery from 16191865, lynching during the Reconstruction Era and beyond, Jim Crow Segregation, the 1921 Destruction of Black Wall Street, the 1923 Destruction of Rosewood, racially motivated redlining, so-called separate but equal educational systems, a racialized system of mass incarceration, and many similar events, and
WHEREAS, the Unified Government acknowledges and recognizes the trials, tribulations, sacrifices, and accomplishments of African Americans in general, and Athenian African Americans specifically, including events such as the integration of the University of Georgia; the hiring of Donald Moon (who was killed in 1963) and Rev. Archibald Killian as the first Black Police officers in Athens (who, even then, were only allowed to arrest Black people); the creation of the NAACP Black Youth Council, which engaged in sit-ins and protests at local diners between 1961 and 1963; the integration of public schools in the 1960’s and early 70’s; the founding of Bethel Homes by Rev. Maddox of the Greater Bethel AME Church in the 1960’s; the Model Cities programs that offered new opportunities for African Americans and community development in Athens in the 1960’s; the 1982 founding of WXAG as the first Black Radio Station; the creation of the first community-funded summer program in 1991 in response to parents organizing and questioning the high number of Black students retained in elementary school; the founding of Grand Slam in 1990 to provide enrichment and jobs for youth; the hiring in 1997 of Chief Joseph Lumpkin as Athens’ first African American Police Chief after the death of Edward Wright in 1996; and the fact that gentrification was evident in East Athens in the late 90’s, and
WHEREAS, the Unified Government supports a process to recognize those individuals (both well-known and less well known) from all paths of life, who lived and dedicated their lives to the betterment of African American Lives in Athens, and
WHEREAS, the Unified Government can never heal the trauma of Black people nor fully erase the past but can empathize and commit to work on building real equity, and
WHEREAS, the Athens-Clarke County Commission by a majority vote has already allocated $6,000,000 to address inequities and inequality in Athens by focusing on helping to assist and develop minority owned businesses, establishing an ACC Minority Purchasing Officer, developing a stronger minority employee recruitment program for county positions, establishing an Urban Renewal Impact Committee, forming an Athens Equity Citizen Committee, building stronger youth opportunities, and improving our Justice System and Public Safety strategies with assistance from Athens-Clarke County citizens, and
WHEREAS, the Athens-Clarke County Commission approved the 2020 SPLOST Project List, which, having now been approved by Athens-Clarke County voters, has dedicated $45,000,000 towards more affordable housing for our community, $6,500,000 to help improve internet availability, especially in low-income and rural areas such as Lexington Road and North Athens, as well as $14,500,000 for an Eastside Library, all of which will assist in addressing inequality in our community.
NOW, THEREFORE, THE COMMISSION OF ATHENS-CLARKE COUNTY, GEORGIA, HEREBY RESOLVES, as follows:
The Commission commits to an extended and intense effort to address systemic racism and demonstrate the importance of Black lives in our community, including but not limited to the following:
1. The Athens-Clarke County FY21 and FY20 Prosperity Packages will explore ways to continue to utilize funds to hire grant writers, further support of the Neighborhood Leaders Program, and explore the Citizen’s Participatory Budget process.
2. The Unified Government will explore ways to work with Athens Business Alliance to help address the needs of small businesses and Co-ops and to help create green job opportunities with 100% Renewable Energy.
3. The Unified Government will explore ways to work with and support programs and agencies working with the elderly, including Above and Beyond.
4. The Unified Government will explore ways to work to address racial disparities in access to medical treatment by exploring alternative healthcare service options and working with our Nurses Clinic, Mercy Clinic, the Neighborhood Health Center, the Department of Public Health, the Innovative HealthCare Institute, and other certified programs and healthcare agencies, particularly in light of the effects of the COVID 19 pandemic.
5. The Unified Government will explore ways to work to address the environmental health concerns in the Pittard Road and Dunlap Road Black communities.
6. The Unified Government will review annually possible options to support a cost of living increase for retirees.
7. The Unified Government will explore ways to work with diverse banking and financial institutions for the best and most equitable services, including options related to the Federal Community Reinvestment Act.
8. The Unified Government will explore ways to recognize and support the Edward Wright Festival, the MLK Jr. Day Parade, Hot Corner, and the Kwanzaa Celebration.
9. The Unified Government will explore ways to work with community leaders to establish Juneteenth as a local annual holiday and celebration.
10. The Unified Government will explore ways to work with all communities and faithbased groups who traditionally have not been involved with the government’s community initiatives, regardless of race, income, religion, occupation, gender, etc., to ensure equity and sustainable change and to forever acknowledge Black Lives Matter.
Reconsideration of June 7, 2020 action with reference to loud/unruly parties
A motion was made by Commissioner Wright, seconded by Commissioner Davenport, to adopt the following ordinance (#20-07-45) 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 LOUD OR UNRULY GATHERINGS IN RESIDENTIAL NEIGHBORHOODS AND FOR OTHER PURPOSES.
The Commission of Athens-Clarke County, Georgia herby ordains as follows:
SECTION 1. Title 4 of the Code of Athens-Clarke County, Georgia is hereby amended by adding a new Chapter 4-5 entitled “Loud or Unruly Gatherings in Residential Neighborhoods,” so that said new chapter is:
“CHAPTER 4-5. – LOUD OR UNRULY GATHERINGS IN RESIDENTIAL NEIGHBORHOODS.
Sec. 4-5-1. - Definitions.
Residential Neighborhood refers to any land use zone designated as residential, including Agricultural Residential (AR), Residential Multifamily (RM) and Residential Single Family (RS) zones.
Loud or Unruly Conduct, as used in this section, includes any of the following conduct if in violation of any provision of this Code or State law:
(1) Any noise in violation of Sec. 3-5-24 of this Code;
(2) Obstruction of a street or public right-of-way, including a sidewalk;
(3) Public intoxication or drinking in public;
(4) The service of alcoholic beverages to minors;
(5) Possession and/or consumption of alcohol by minors;
(6) Assault, battery, fights, domestic violence or other disturbances of the peace;
(7) The sale or service of alcoholic beverages without a required State license;
(8) Vandalism or destruction of property;
(9) Litter;
(10) Urinating or defecating in public;
(11) Trespassing; or Indecent Exposure visible from neighboring residences or the streets adjoining the property at which the gathering is taking place.
Loud or Unruly Gathering means a gathering of persons at any Residence within a Residential Neighborhood or a property adjoining a Residential Neighborhood where Loud or Unruly Conduct occurs at the Residence or within 500 feet of the Residence, and which threatens or interferes with the public health, safety or welfare, or the comfortable enjoyment of life and property.
Minor means any person under 21 years of age.
Owner means any person who owns the Residence where a Loud or Unruly Gathering occurs.
Person or “Entity” means an individual or any firm, association, organization, partnership, trust, business, corporation, company or legal entity.
Residence means any "residential building" includes any dwelling, garage, carport, walkway, yard, patio, deck, or other structure or area on the lot on which the residential building is located.
Responsible Party means:
(1) Any person or entity who rents, leases or otherwise is in charge of the Residence where a Loud or Unruly Gathering occurs; or
(2) Any person or entity who organizes or sponsors a Loud or Unruly Gathering at a Residence.
Enforcement officer as used in this chapter shall mean any Athens-Clarke County police officer or any employee of the Unified Government authorized by the manager or the manager’s designee.
Sec.4-5-2 - Loud or Unruly Gatherings Prohibited.
Loud or Unruly Gatherings are prohibited and shall constitute a public nuisance subjecting the Owner and/or Responsible Party to fines and/or penalties under this chapter. Athens-Clarke County may abate a Loud or Unruly Gathering by all available means, including, but not limited to, an order of an enforcement officer requiring persons at the Loud or Unruly Gathering to leave the Residence, the issuance of a Citation, and/or the arrest of any person committing a violation of any provisions of the Athens-Clarke County Code subject to arrest under Section 1-1-5 of said code, or any other applicable State or local law.
Sec. 4-5-3. - Posting of Notice Regarding a Loud or Unruly Gathering.
An enforcement officer responding to a Loud or Unruly Gathering shall post or attach, on the front entrance of the Residence at which the Loud or Unruly Gathering occurs a notice which meets the following requirements:
The notice shall be a minimum of 8 ½” by 11” in size, have black letters on contrasting background, white or colored paper and be made of durable laminated or weather resistant material.
The notice shall state, at a minimum:
(1) The name and agency of the Enforcement Officer who responded to the Loud or Unruly Gathering;
(2) The address of the Residence and the date of the Loud or Unruly Gathering, along with a description of the Loud or Unruly conduct observed;
(3) That Loud or Unruly Gatherings may result in the imposition of fines and/or penalties against any Responsible Party and/or Owner; and
(4) It is unlawful to alter, tamper with or deface the notice, or remove it prior to 30 days from the date of the posting.
Sec. 4-5-4 - Removal of Posted Notice Prohibited.
(1) It shall be unlawful for any person to alter, tamper with or deface a posted notice described in section 4-5-3, or remove it prior to 30 days from the date of the posting.
(2) If a posted notice is altered, tampered with, defaced, or removed prior to 30 days from the date of posting, the notice shall be replaced and a new 30-day posting period shall commence on the date of replacement.
Sec. 4-5-5 - Notice to Owner.
A copy of the notice posted pursuant to Sec.4-5-3 shall be served on the Owner by personal service or by depositing in the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid, addressed to the Owner shown on Athens-Clarke County’s most recent property tax digest.
Sec. 4-5-6 - Citation Issued to Owner Absent During the Loud or Unruly Gathering.
An Owner not present during the Loud or Unruly Gathering may be issued a Citation for any violation of Sec.4-5-2 after personal service of the notice in Sec. 4-5-3 or, if the notice is only mailed, ten (10) calendar days after the mailing of the notice to the Owner pursuant to Sec. 4-5-5.
Sec. 4-5-7 - Citation.
An Enforcement Officer may issue a Citation to the Owner and/or Responsible Party for any violation of this chapter.
Sec. 4-5-8 - Penalties.
A violation of this chapter shall be punished as provided in section 1-1-5 of this Code.
Sec. 4-5-9 - Severability.
If any provision of this section is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this section which can be implemented without the invalidated provisions, and to this end, the provisions of this section are declared to be severable.”
SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
A motion was made by Commissioner Davenport, seconded by Commissioner Link, to approve the following reappointments. The motion passed by unanimous vote.
Hearings Board Joseph Powell Four-year term expiring 6-30-2024
Historic Preservation Commission Bobbie Epting Three-year term expiring 6-30-2023
Planning Commission Sarah Beresford Five-year term expiring 6-30-2025
FROM MAYOR PRO TEM EDWARDS:
1. Reported Mayor Girtz has assigned to the Government Operations Committee a review of policy for naming of public places in Athens.
FROM MANAGER WILLIAMS:
1. Expressed appreciation to the numerous ACC staff who made the 4th of July fireworks a success.
FROM COMMISSIONER DAVENPORT:
1. Thanked everyone for participation in FY21 budget process.
FROM COMMISSIONER LINK:
1. Requested information from Chief of Police regarding enforcement of mask ordinance.
2. Stated Board of Health will meet July 15.
FROM COMMISSIONER WRIGHT;
1. Stated Board of Health is monitoring virus hotspots.
FROM COMMISSIONER DENSON:
1. Announced the Athens Cultural Affairs Commission is accepting applications for 50 $2,000 grants.
2. Announced next District 5 town hall will be 6:00 p.m., July 30.
3. Requested development of a policy prohibiting use of tear gas during protests.
FROM COMMISSIONER THORNTON:
1. Stated everyone is not on the same level with criminal justice reform.
A motion was made by Commissioner Wright, seconded by Commissioner Davenport, to enter into executive session for an attorney/client conference to discuss threatened or pending litigaiton, and real estate acquisition and/or disposal. The motion passed bhy unanimous vote.
The meeting adjourned at 9:47.
______Clerk of Commission