The Arts and Humanities Award for the Roy G. Biv 8.2 exhibit at the Lyndon House Arts Center.

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1 Unified Government of Athens-Clarke County, Georgia Mayor and Commission Tuesday, December 2, :00 p.m. City Hall The Unified Government of Athens-Clarke County, Georgia met this date in regular session. Present: Mayor Denson; Commissioners Lowry, Sims, Maxwell, Wright, Bailey, NeSmith, Hoard, Herod, Girtz, and Hamby. No one was absent. A motion was made by Commissioner Sims, seconded by Commissioner Bailey, to approve Minutes of meeting of Tuesday, November 4, The motion passed by unanimous vote Written communications There were no written communications. RECOGNITION Mayor Denson recognized the Leisure Services Department for awards recently received from the Georgia Recreation and Park Association at their state conference last month. The Arts and Humanities Award for the Roy G. Biv 8.2 exhibit at the Lyndon House Arts Center. The Innovative Camp Award for Rocksprings Park, which used a super-heroes theme while showing that super-heroes also exist throughout our own community. Two publication awards for the Summer Camp Parent Handbook, and for the Department s promotion of July is National Park and Recreation Month. Mayor Denson presented Leisure Services Director Pam Reidy with the Georgia Recreation and Park Association s District 7 Agency of the Year award which is based on outstanding programs, facilities, planning and achievements over the past year in the population category of 50,000 and larger from across Northeast Georgia. Mrs. Reidy and her staff were congratulated. 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. Citizen input The following citizen input was received. 1. Sydney Bacchus, P.O. Box 174, SPLOST projects should be removed from consent. 2. Kyle McKay, 248 Georgia Drive, representing Upper Oconee Watershed Network supported erosion ordinance. 3. Tyler Dewey, 149 Tracey Street, Executive Director Bike Athens supported LMIG grant and MLK bridge replacement. 4. Gretchen Ellsner, 160 Madison Street supported bike lanes. 5. Gerald Chmielewski, 165 Fairway Circle opposed inclusion of Morton Avenue in the neighborhood parking program.

2 A motion was made by Commissioner Sims, seconded by Commissioner Girtz, to consent to action on the following 17 items. The motion passed by unanimous vote. 1. ADOPT: The following ordinance (# ) which was presented by title only. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO ALCOHOLIC BEVERAGES REGULATIONS PERTAINING TO PACKAGE STORES; AND FOR OTHER PURPOSES. SECTION 1. Section 6-3-1, entitled Definitions, shall be amended by adding the following definition: Growler: A sealed retail container containing a malt beverage drawn from a tap on a cask or keg on site, packaged and securely sealed by the license holder or its employees, and sold on the licensed premises by a Class B license holder. SECTION 2. The sub-paragraph in Section (b) entitled Wine-tasting permits. is hereby amended by deleting such sub-paragraph in its entirety and substituting the following in lieu thereof: Wine-tasting permits and growler-tasting permits. All licensees who engage in winetastings as permitted under section (c) shall also be required to have a separate winetasting permit. All licensees who engage in growler-tastings as permitted under section (f) shall also be required to have a separate growler-tasting permit. SECTION 3. The sub-paragraph in Section (c) entitled Wine-tasting permit fee. is hereby amended by deleting such sub-paragraph in its entirety and substituting the following in lieu thereof: Wine-tasting permit and growler tasting permit fees. All licensees who engage in wine-tastings as permitted under Section 6-3-6(c) shall pay, in addition to the above fees, a fee of $ All licensees who engage in growler-tastings as permitted under section (f) shall pay, in addition to the above fees, a fee of $ SECTION 4. Section 6-3-6, entitled Regulations Pertaining to Certain Classes of Licenses Only, paragraph (a), entitled Package Stores, subparagraph (5) of Code of Athens-Clarke County is hereby amended by deleting subparagraph (5) in its entirety and substituting the following in lieu thereof: (5) Except as specifically provided for in paragraphs (c) and (f) below concerning wine-tastings and growler-tastings, the original retail containers of any alcoholic beverage sold by a package store retail licensee hereunder shall not be opened on the lot or premises of the location licensed for the sale thereof. SECTION 5. Section 6-3-6, entitled Regulations Pertaining to Certain Classes of Licenses Only is further amended by adding the following new paragraph (f) as follows: (f) Growler-Tasting Permit. (1) The holder of a Class B license that sells growlers shall be eligible for a growlertasting permit to provide samples of malt beverages offered for sale in growlers to customers under the conditions set forth in this paragraph. Sampling of all other malt beverages on the premises of a Class B licensee is prohibited. (2) A licensee may provide growler samples on limited occasions when a customer requests a sample of a growler malt beverage offered for sale within the premises, or in conjunction with growler malt beverage education classes and sampling designed to promote growler malt beverage appreciation and education. (3) For samples provided at customer request, samples shall not exceed two (2) ounces per sample, and no customer shall consume more than eight (8) ounces in any two-hour period. (4) Not more than two (2) times per week for a period of not to exceed two (2) consecutive hours, the holder of a growler-tasting permit may conduct educational classes and sampling for class participants. For educational classes and sampling, samples shall not exceed two ounces per sample. (5) No open growler samples or containers shall be removed from the licensed premises.

3 (6) Only the licensee or an employee shall open, handle, seal and serve growler malt beverages or samples thereof. (7) A holder of a growler-tasting permit shall not charge for samples or tastings. (8) Growler malt beverage sampling and tasting is permitted only within the enclosed interior portion of the premises. (9) No permit to conduct a growler-tasting will be issued to conduct a growlertasting on the premises of a beer and wine store operating in connection with a licensed retail liquor store. (10) All growlers used for tasting purposes must have been purchased from a licensed state beer wholesaler. (11) All applicants and permit holders must comply with all state statutes and sections of this Code and other Athens-Clarke County ordinances concerning alcoholic beverages, including but not limited to those dealing with hours of operation, zoning, and distance requirements. SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby 2. ADOPT: The following ordinance (# ) which was presented by title only. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO EROSION, SEDIMENTATION AND POLLUTION CONTROL; AND FOR OTHER PURPOSES SECTION 1. Chapter 8-3 of the Code of Athens-Clarke County, Georgia, entitled Erosion, Sedimentation and Pollution Control, Section thereof entitled Minimum requirements for erosion, sedimentation and pollution control, using best management practices is hereby amended by adding to subsection (c) of said Section new item (17) as follows: (17) Construction site operators must control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. SECTION 2. All ordinances or parts of ordinance in conflict herewith are hereby 3. ADOPT: The following ordinance (# ) which was presented by title only. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO PARKING RESTRICTIONS ON FOUNDRY STREET; AND FOR OTHER PURPOSES. SECTION 1. Pursuant to Section of the Code of Athens-Clarke County, Georgia, parking is hereby prohibited on a portion of Foundry Street, such portion being located on both sides of Foundry Street between Strong Street and East Dougherty Street, beginning at those points at the terminus of the existing yellow curb that extends northerly from the intersection of Foundry Street with East Dougherty Street (extended) and extending thence north along the east and west sides of Foundry Street a distance of 145 feet, more or less, to the terminus of the existing yellow curb on both sides of such street, as further shown on Attachment 1, incorporated herein by reference. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby

4 4. ADOPT: The following ordinance (# ) which was presented by title only. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO PARKING RESTRICTIONS ON REESE STREET; AND FOR OTHER PURPOSES. SECTION 1. Pursuant to Section of the Code of Athens-Clarke County, Georgia, parking is hereby prohibited on Reese Street between North Finley Street and North Newton Street, beginning 50 feet west of the intersection of Reese Street with North Newton Street and extending west along the north side of Reese Street a distance of 318 feet, as further shown on Attachment 1, incorporated herein by reference. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby 5. ADOPT: The following ordinance (# ) which was presented by title only. AN ORDINANCE WITH RESPECT TO AMENDING THE WEST RUTHERFORD STREET RESIDENTIAL PARKING DISTRICT; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia, hereby ordains as follows: SECTION 1. Pursuant to the provisions of Section of the Code of Athens- Clarke County entitled, "Privileges and Restrictions on Residential Parking Permits," the West Rutherford Street Residential Parking District is hereby amended by adding thereto that portion of West Rutherford Street between South Milledge Avenue and South Lumpkin Street, as more fully delineated on the drawing attached hereto, labeled Attachment 1, entitled "Residential Parking Program W. Rutherford Street," and incorporated herein by reference. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby 6. ADOPT: The following ordinance (# ) which was presented by title only. AN ORDINANCE WITH RESPECT TO ESTABLISHING RESIDENTIAL PARKING PERMITS FOR BRITTAIN AVENUE RESIDENTIAL PARKING DISTRICT TO INCLUDE BRITTAIN AVENUE BETWEEN ITS INTERSECTION WITH S. LUMPKIN STREET TO ITS TERMINUS; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia, hereby ordains as follows: SECTION 1. Pursuant to the provisions of Section of the Code of Athens- Clarke County entitled, "Privileges and Restrictions on Residential Parking Permits," the following Brittain Avenue Residential Parking District is hereby established: "Brittain Avenue Residential Parking District is that residential area that includes the entirety of Brittain Avenue from its intersection with S. Lumpkin Street to its terminus, as more fully delineated on the drawing attached hereto, labeled Attachment 1, entitled "Residential Parking Program Brittain Avenue," and incorporated herein by reference. Said Residential Parking District shall be subject to the privileges and restrictions concerning parking set forth in Section of the Code of Athens-Clarke County. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby 7. ADOPT: The following ordinance (# ) which was presented by title only.

5 AN ORDINANCE WITH RESPECT TO ESTABLISHING RESIDENTIAL PARKING PERMITS FOR MILLEDGE CIRCLE RESIDENTIAL PARKING DISTRICT TO INCLUDE THE 100 AND 200 STREET ADDRESS BLOCKS OF MILLEDGE CIRCLE ACCORDING TO THE STREET NUMBERING SYSTEM OF ATHENS-CLARKE COUNTY; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia, hereby ordains as follows: SECTION 1. Pursuant to the provisions of Section of the Code of Athens- Clarke County entitled, "Privileges and Restrictions on Residential Parking Permits," the following Milledge Circle Residential Parking District is hereby established: "Milledge Circle Residential Parking District is that residential area that includes the 100 and 200 street address blocks according to the numbering system of Athens-Clarke County, as more fully delineated on the drawing attached hereto, labeled Attachment 1, entitled "Residential Parking Program Milledge Circle," and incorporated herein by reference." Said Residential Parking District shall be subject to the privileges and restrictions concerning parking set forth in Section of the Code of Athens-Clarke County. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby 8. ADOPT: The following ordinance (# ) which was presented by title only; award a construction services contract to Control Concepts, LLC for an amount not to exceed $989,488 for the Morton Theatre Facility Repair and Renovation (SPLOST 2011 Project #13); and authorize the Mayor and appropriate staff to execute all related documents. AN ORDINANCE TO AMEND THE SPECIAL PURPOSE LOCAL OPTION SALES TAX 2011 PROGRAM BUDGET SO AS TO PROVIDE ADDITIONAL FUNDING FOR THE SPECIAL PURPOSE LOCAL OPTION SALES TAX 2011 PROJECT #13 MORTON THEATRE FACILITY REPAIR & RENOVATION; AND FOR OTHER PURPOSES. SECTION 1. The Commission of Athens-Clarke County, Georgia desires to amend the SPLOST 2011 Capital Projects Fund to provide additional funding for the SPLOST 2011 project #13 Morton Theatre Facility Repair & Renovation project. Said Operating and Capital budget is hereby amended as follows: SPLOST 2011 Capital Projects Fund: EXPENDITURES: DECREASE: Project #01 Jail Expansion ($752,288) INCREASE: Project #13 Morton Theatre Facility Repair & Renovation $752,288 SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby 9. ADOPT: The following resolution authorizing the submission of an application for and the acceptance, if awarded, of the annual Transit Planning Assistance Grant (Title 49 USC Section 5303) for FY2016 (July 1, 2015 June 30, 2016) in the estimated amount of $76,000 as per agenda report dated November 6, 2014; and authorize the Mayor and appropriate staff to execute the resulting contract between the Unified Government of Athens-Clarke County and the Georgia Department of Transportation.

6 AUTHORIZING RESOLUTION Resolution authorizing the execution of contracts between the Department of Transportation, United States of America, the Georgia Department of Transportation, and the Unified Government of Athens-Clarke County, for a grant under the Title 49 U.S.C., Section 5303, for FY 2016 (July 1, 2015 through June 30, 2016). WHEREAS, the Secretary of Transportation and the Commissioner of the Georgia Department of Transportation are authorized to make grants for mass transportation projects; WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local project costs; and WHEREAS, it is required by the U.S. Department of Transportation in accordance with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Title 49 U.S.C. the applicant gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and other pertinent directives and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that Minority Business Enterprise, Disadvantaged Business Enterprise and Women Business Enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts and purchase orders when procuring construction contracts, supplies, equipment contracts, or consultant and other services; and WHEREAS, the Federal government and the State of Georgia will provide approximately $76,000 of the funding for the Transit Planning (Section 5303) contract expenses incurred by the Unified Government subject to a maximum local match of $19,000. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Commission of the Unified Government of Athens-Clarke County: That the Mayor is authorized to execute and file an application on behalf of the Unified Government of Athens-Clarke County with the Georgia Department of Transportation to aid in the financing of a technical study grant to implement specific items of the FY 2016 Madison Athens-Clarke Oconee Regional Transportation Study (MACORTS) Unified Planning Work Program. That the Mayor is authorized to execute and file with such application an assurance or any other document required by the U.S. Department of Transportation and Georgia Department of Transportation effectuating the purpose of this grant; That Planning Director of Athens-Clarke County is authorized to furnish such additional information as the U.S. Department of Transportation and the Georgia Department of Transportation may require in connection with the application or the project; That the Mayor is authorized to set forth and execute Minority Business Enterprise, DBE (Disadvantaged Business Enterprise), and WBE (Women Business Enterprise) policies and procedures in connection with the projects procurement needs. That the Mayor and appropriate staff is authorized to apply for a grant, accept such grant if awarded, and execute these grant agreements on behalf of the Unified Government of Athens-Clarke County with the Georgia Department of Transportation to aid in the financing of a technical study grant to implement specific items of the MACORTS Unified Planning Work Program. 10. ADOPT: The following resolution authorizing the application for and acceptance, if awarded, of both the federal primary and secondary grant amounts for the annual Metropolitan Transportation Planning (PL) Grant for FY 2016 (July 1, 2015 June 30, 2016) as per agenda report dated November 6, 2014; and authorize the Mayor and appropriate staff to execute the resulting contracts between the Unified Government of Athens-Clarke County and the Georgia Department of Transportation.

7 AUTHORIZING RESOLUTION Resolution authorizing the execution of contracts between the Department of Transportation, United States of America, the Georgia Department of Transportation, and the Unified Government of Athens-Clarke County for the FY 2016 (July 1, 2015 June 30, 2016) Planning (PL) Contract. WHEREAS, the Federal Government requires that Urbanized Areas such as Athens have a formal planning process as it relates to the planning of transportation projects; and WHEREAS, the Federal Government will not authorize the expenditure of funds for said transportation projects unless they come out of this formal transportation planning process; and WHEREAS, the formal transportation planning process is organized around what is commonly known as the Madison Athens-Clarke Oconee Regional Transportation Study (MACORTS); WHEREAS, the staff of the Unified Government of Athens-Clarke County Planning Department provides support for MACORTS planning efforts; WHEREAS, the Federal Government will provide an estimated amount of $613,600 of the funding for the transportation planning (PL) contract expenses incurred by the Unified Government of Athens-Clarke County subject to a 20% local match of the funded amount (estimated to be approximately $153,400); NOW, THEREFORE, BE IT RESOLVED by the Mayor and Commission of the Unified Government of Athens-Clarke County: That the Mayor and appropriate staff are authorized to apply for a grant, accept such grant if awarded, and execute an associated contract with the Georgia Department of Transportation (GDOT) for the FY 2016 Transportation Planning (PL) Contract Funds. 11. APPROVE: The 2015 Local Maintenance Improvement Grant (LMIG) project report as shown in Attachment #1 of agenda report dated November 6; 2014; AUTHORIZE: The Mayor and appropriate staff to apply for the $936,268 LMIG funds that are anticipated to be available by Georgia Department of Transportation (GDOT) in accordance with the Transportation Investment Act using the GDOT application shown in Attachment #2 of said agenda report; and AUTHORIZE: The Mayor and appropriate staff to sign all related applications, contracts, documents, and certifications associated with funding for these projects. 12. APPROVE: Staff to negotiate and execute a License Agreement with American Towers LLC for the shared use of their communications tower at 250 Olympic Place, Athens, Georgia as part of the Athens-Clarke County 800 MHz radio communications system as per agenda report dated October 29, 2014; and authorize the Mayor and appropriate staff to execute all necessary documents. 13. APPROVE: Change Order #5 to the construction contract with McKnight Construction Company, Inc. for the Jail Expansion Project (SPLOST 2011 Project #01) in the amount of $476, as per agenda report dated October 30, 2014; and authorize the Mayor and appropriate staff to execute all related documents. 14. APPROVE: Declaration of property located at 255 Vine Street and owned by the Unified Government of Athens-Clarke County as surplus as per agenda report dated November 6, 2014; authorize staff to begin the process to dispose of said property; authorize the Mayor and appropriate staff to execute all related documents; and designate the proceeds of the sale to the General Fund.

8 15. APPROVE: Preliminary construction plans for the replacement of the existing bridge with a three sided/bottomless box culvert along Dr. Martin Luther King, Jr. Parkway, as shown in Attachment #1 of agenda report dated November 6, 2014; authorize the Mayor and appropriate staff to execute any necessary utility relocation agreements and all other project related documents; and authorize staff to acquire the necessary rightof-way and easements, prepare final construction plans, and subsequently enter into the bid and award phase for this project. 16. APPROVE: Acting under the auspices of the Urban Redevelopment Plan of the Athens-Clarke County Unified Government, modify the plan and authorize staff to submit an Opportunity Zone application to the Georgia Department of Community Affairs for the inclusion of parcels in the Tracy and Oneta Streets area as part of the Chase Street and Newton Bridge Road Opportunity Zone as per agenda report dated November 6, APPROVE: Addition of an Administrative Secretary Position (Grade 11) to be funded through salary savings for the District Attorney s Office as per agenda report dated October 31, Old and new business Discussion Citizen input The following citizen input was received. 1. Tony Deutsch, 278 Moss Side Drive panhandling in downtown is a problem. 2. Paula Revere, UGA student panhandling is OK. 3. Sydney Bacchus, Solid Waste needs to address odor problems at the dump. 4. Irwin Alhadeff, 255 Plum Nelly Road panhandling is a problem; opposed center lane parking for delivery vehicles. A motion was made by Commissioner Girtz, seconded by Commissioner Lowry, to adopt Legislative Review Committee recommendations from October 28, 2014 report on panhandling in the downtown area as follows: - That the Mayor and Commission take no action on the panhandling ordinance; and - Request that the Athens Downtown Development Authority, Action Ministries, and other appropriate non-profits and Athens-Clarke County departments (Human and Community Development, Police, Central Services, Municipal Court) meet to discuss a strategy and associated goals to effectively increase the public s knowledge of this issue through an educational campaign. The motion passed by unanimous vote. A motion was made by Commissioner Hamby, seconded by Commissioner Herod, to adopt the following ordinance (# ) which was presented by title only. The motion passed by unanimous vote.

9 AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO LOADING ZONES IN DOWNTOWN AREA OF ATHENS- CLARKE COUNTY; AND FOR OTHER PURPOSES. SECTION 1. Pursuant to Section of the Code of Athens-Clarke County, Georgia, all curbside metered parking spaces on the east side of North Lumpkin Street between Clayton Street and East Washington Street are hereby eliminated, and in lieu of said parking spaces is hereby created a continuous curbside loading zone, as further shown on Attachment 1, incorporated herein by reference.. SECTION 2. Pursuant to Section of the Code of Athens-Clarke County, Georgia, all curbside metered parking spaces on the west side of College Avenue between Washington Street and the entrance to the College Avenue parking deck are hereby eliminated, and in lieu of said parking spaces is hereby created a continuous curbside loading zone, as further shown on Attachment 1, incorporated herein by reference. SECTION 3. Pursuant to Section of the Code of Athens-Clarke County, Georgia, the two southernmost curbside metered parking spaces on the west side of North Jackson Street between East Broad Street and Clayton Street are hereby eliminated, and in lieu of said parking spaces is hereby created a continuous curbside loading zone, as further shown on Attachment 1, incorporated herein by reference. SECTION 4. Pursuant to Section of the Code of Athens-Clarke County, Georgia, the two northernmost curbside metered parking spaces on the west side of North Jackson Street between East Broad Street and Clayton Street are hereby eliminated, and in lieu of said parking spaces is hereby created a continuous curbside loading zone, as further shown on Attachment 1, incorporated herein by reference. SECTION 5. Pursuant to Section of the Code of Athens-Clarke County, Georgia, the two southernmost curbside metered parking spaces on the west side of North Jackson Street between Clayton Street and East Washington Street are hereby eliminated, and in lieu of said parking spaces is hereby created a continuous curbside loading zone, as further shown on Attachment 1, incorporated herein by reference. SECTION 6. Pursuant to Section of the Code of Athens-Clarke County, Georgia, the two southernmost curbside metered parking spaces on the west side of North Jackson Street between East Washington Street and East Hancock Avenue are hereby eliminated, and in lieu of said parking spaces is hereby created a continuous curbside loading zone, as further shown on Attachment 1, incorporated herein by reference. SECTION 7. Pursuant to Section of the Code of Athens-Clarke County, Georgia, the existing curbside loading zone on the west side of North Jackson Street between East Washington Street and East Hancock Avenue is hereby eliminated, and in lieu of said loading zone is hereby created two curbside metered parking spaces, as further shown on Attachment 1, incorporated herein by reference. SECTION 8. Section of the Code of Athens-Clarke County, Georgia, entitled, Loading zones subsection (a) thereof entitled Generally is hereby amended by deleting therein the words properly marked between the hours of 8:00 a.m. and 10:00 p.m., Sundays excepted pickup and delivery on its side van or and delivery or if not so identified, that the same shall have a permit displayed thereon from the chief of police showing that it is a vehicle used in business. It shall be unlawful for any authorized vehicle to park for more than one-half hour within a loading zone so indicated during such time. and half and by adding thereto the words parking in a joint-use loading zone/handicapped parking space as provided for in section of this Code and A delivery or pickup vehicle may only park in a designated loading zone during such time as materials are being loaded and/or unloaded from the vehicle, and in no case may such vehicle remain parked in a designated loading zone for longer than 30 minutes, unless a different time limit is indicated by sign or permitted by ordinance. Vehicles must be removed from loading zones immediately upon completion of loading and/or unloading materials from such vehicle or the expiration of the time limit for that loading zone, whichever comes first. so that subsection (a) of section is: (a) Generally. It shall be unlawful for any person, except a handicapped individual possessing a valid permit, or having a specially designated disabled veteran or a specially disabled person license plate parking in a joint-use loading zone/handicapped parking space as provided for in Section of this Code, to park any vehicle within a designated loading zone except for the purpose of loading or unloading such vehicle, which vehicle must be properly identified showing that it is a delivery or pickup vehicle. A delivery or pickup vehicle may park in a designated loading zone only during such time as materials are being loaded and/or unloaded

10 from the vehicle, and in no case may such vehicle remain parked in a designated loading zone for longer than 30 minutes, unless a different time limit is indicated by sign or permitted by ordinance. A vehicle must be removed from a loading zone immediately upon completion of loading and/or unloading materials from such vehicle or the expiration of the time limit for that loading zone, whichever occurs first. It shall be unlawful for any person to park for loading or unloading at an angle other than that marked for regular parking or to leave the back gate of the vehicle lowered so as to extend beyond the body of such vehicle, or to park without doors opened back parallel with the body of the vehicle while loading or unloading. It shall be unlawful for any person to park any vehicle within a properly marked loading zone between the hours of 10:00 p.m. and 8:00 a.m. if said loading zone is also marked as a no parking tow zone between the hours of 10:00 p.m. and 8:00 a.m. Any loading zone in front of an entrance to a hotel is exempt from the provisions of this section to the extent that guests of such hotel shall be permitted to use such loading zone for a maximum of ten minutes. At the discretion of a police officer, Athens- Clarke County may tow and impound or otherwise move vehicles which are parked by their owners or operators in any loading zone in violation of the regulations, at the owner's or operator's expense. SECTION 9. Section of the Code of Athens-Clarke County, Georgia, entitled, Loading zones subsection (b) thereof entitled Wall Street additional regulations is hereby amended by deleting therein the word freight and adding thereto the words pickup or so that subsection (b) of section is: (b) Wall Street additional regulations. The loading zone on the portion of Wall Street between Clayton Street and Broad Street, as more particularly described in Attachment 1 of an ordinance adopted May 6, 2003, shall have the following additional regulations concerning hours of enforcement and permitted users of the loading zone: (1) The effective hours for enforcement shall be 24 hours per day; and (2) The exclusive permitted users shall be pickup or delivery vehicles at least 20 feet in length actively engaged in loading or unloading materials. SECTION 10. Section of the Code of Athens-Clarke County, Georgia, entitled, Loading zones subsection (c) thereof entitled Clayton Street and Washington Street additional regulations is hereby amended by deleting therein the words trucks restricted truck travel and adding thereto the words vehicles prohibited vehicle or activate flashing hazard lights and center and by adding new items numbers (3) The center lane on Clayton Street shall only be used for loading and unloading between the hours of 3:00 a.m. to 12:00 p.m. (4) The center lane on Washington Street may be used for loading and unloading 24 hours per day. and (5) The use of center-lane loading zones on Clayton and Washington Street shall be limited to vehicles at least 18 feet in length. so that subsection (c) of section is: (c) Clayton Street and Washington Street additional regulations. The loading zones on the portion of Clayton Street between its intersection with Thomas Street and Lumpkin Street and on portions of Washington Street between its intersection with Thomas Street and College Avenue and its intersection with Lumpkin Street and Pulaski Street shall be center-lane loading zones as more particularly shown as "Proposed Loading Zones" on Attachment 1 of an ordinance adopted May 6, 2003, and shall have the following additional regulations concerning permitted users of the loading zone. In addition to the provisions of the paragraph (a) above: (1) All delivery vehicles are prohibited from loading or unloading in the center lane within: a. 25 feet on either side of a mid-block crosswalk; b. 50 feet on the approach side of an intersection, except for 140 feet on Clayton Street at Thomas Street; or c. 25 feet on the departure side of an intersection, except for 70 feet on Clayton Street at Lumpkin Street and 45 feet on Washington Street at Jackson Street. (2) All delivery drivers are required to place safety cones behind their delivery vehicles and in the immediate area of the points of access to the vehicles from the street, or activate flashing hazard lights to alert motorists to the loading or unloading activity that is under way in the center lane. (3) The center lane on Clayton Street shall be used for loading and unloading only between the hours of 3:00 a.m. to 12:00 p.m.

11 (4) The center lane on Washington Street may be used for loading and unloading 24 hours per day. (5) The use of center lane loading zones on Clayton Street and Washington Street shall be limited to vehicles at least 18 feet in length actively engaged in loading or unloading materials. SECTION 11. Section of the Code of Athens-Clarke County, Georgia, entitled, Loading zones subsection (e) thereof entitled East Hancock Avenue additional regulations is hereby deleted in its entirety. SECTION 12. Section of the Code of Athens-Clarke County, Georgia, entitled, Loading zones is hereby amended by adding new subsection (f) thereto, entitled Loading and unloading in metered parking spaces. as follows: (f) Loading and unloading in metered parking spaces. A vehicle less than 18 feet in length that is properly identified as a delivery or pickup vehicle may utilize metered, curbside parking spaces for loading and unloading at no cost. Such vehicle may park free at no cost only during such time as materials are actively being loaded and/or unloaded from the vehicle, and in no case may such vehicle remain parked at no cost for longer than 30 minutes. Immediately upon completion of loading and/or unloading materials from such vehicle, or upon the expiration of 30 minutes, whichever comes first, such vehicle must be removed from the parking space, or appropriate payment made at the meter. SECTION 13. All ordinances or parts of ordinances in conflict herewith are hereby A motion was made by Commissioner Hamby, seconded by Commissioner Girtz, to adopt the following ordinance (# ) which was presented by title only and approve Solid Waste Policy SW-010 changes to Central Business District Solid Waste operations as per agenda report dated October 29, The motion passed by roll call vote with Commissioners Sims, Maxwell, Wright, Bailey, NeSmith, Hoard, Herod, Girtz, and Hamby voting YES; and Commissioner Lowry voting NO. (9 YES; 1 NO) AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO CENTRAL BUSINESS DISTRICT SOLID WASTE OPERATIONS; AND FOR OTHER PURPOSES. SECTION 1. Section of the Code of Athens-Clarke County, Georgia, entitled Same Commercial customers generally, subsection (a) thereof entitled Services, item (2)b. thereunder entitled Receptacle service; Collection service is hereby amended by deleting the words 12 hours and adding the words following pickup in accordance with the provisions of section and outside the Central Business District. Customers located within the Central Business District utilizing receptacles must move their receptacles from the curb to the approved storage area within 30 minutes of the solid waste from said receptacles being picked up by the franchisee. so that Section (a)(2)b. is: b. Collection service. Customers receiving receptacles service, who desire service on scheduled collection days, shall position their container(s) at the curb or edge of the roadway on scheduled collection days, and remove them after collection. Receptacle removal shall be within eight (8) hours following pickup for those customers receiving daily service, and in accordance with the provisions of section for all other customers outside the Central Business District. Customers located within the Central Business District utilizing receptacles must move their receptacles from the curb to the approved storage area within 30 minutes of the solid waste from said receptacles being picked up by the franchisee. Commercial customers may be exempted from moving their receptacles, with the approval of the solid waste director, for the following reasons: 1. The solid waste director determines that the receptacles can be more efficiently serviced if they remain within a designated area. 2. All individuals residing in a particular dwelling unit of a multifamily structure having the demonstrable inability, due to age or physical handicap, to move the receptacle to the roadway or street.

12 SECTION 2. Section of the Code of Athens-Clarke County, Georgia, entitled Same Commercial customers generally, subsection (a) thereof entitled Services, item (3) thereunder entitled Bag service Downtown Business District is hereby amended by deleting the word Downtown and substituting in lieu thereof the word Central in five locations therein so that Section (a)(3) is: (3) Bag service Central Business District. All commercial customers with establishments located in the Central Business District and all residential customers residing in the Central Business District shall be required to use the franchisee authorized by the Mayor and Commission to provide such service in the district; provided, however, commercial customers may dispose of food waste and cooking oil by other means as approved pursuant to policies and procedures developed by the solid waste director. Those commercial and residential customers who cannot receive other garbage pickup or disposal service due to their location, availability of space for receptacles, or other reasons of serviceability shall deposit their refuse in approved bags for collection by the franchisee authorized by the Mayor and Commission to provide such service in the Central Business District. For the purpose of this chapter, the Central Business District shall be defined as that area in Athens-Clarke County, Georgia, described as follows: Beginning at the intersection of Dougherty Street and Pulaski Street; running thence east on Dougherty Street to Thomas Street; running thence south on Thomas Street to Strong Street; running thence east on Strong Street to Foundry Street; running thence south on Foundry Street to Oconee Street; running thence northwest on Oconee Street to South Thomas Street; running thence South on South Thomas Street to Fulton Street; running thence west on Fulton Street to South Jackson Street; running thence north on South Jackson Street to East Broad Street; running thence west on East Broad Street to Pulaski Street; running thence north on Pulaski Street to the intersection of Pulaski Street and Dougherty Street, the beginning point. SECTION 3. Section of the Code of Athens-Clarke County, Georgia, entitled Same Commercial customers generally, is hereby amended by adding new subsection (c) entitled Administrative regulations thereto as follows: (c) Administrative regulations. The Solid Waste Department shall have the authority to develop and implement administrative regulations for the enforcement of this section in accordance with the policy entitled Policy and Procedure Statement, Solid Waste Department, Athens-Clarke County, Georgia, Policy and Procedure Number SW-010, approved by the Mayor and Commission on December 2, 2014, as amended from time to time, incorporated herein by reference, and on file and available for public inspection in the office of the Clerk of Commission, Room 204, City Hall, 301 College Avenue, Athens, Georgia and in the office of the Solid Waste Department, 725 Hancock Industrial Way, Athens, Georgia. SECTION 4. The effective date of this ordinance shall be January 5, SECTION 5. All ordinances or parts of ordinances in conflict herewith are hereby A motion was made by Commissioner Girtz, seconded by Commissioner Lowry, to adopt the following ordinance (# ) 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 STORMWATER MANAGEMENT; AND FOR OTHER PURPOSES SECTION 1. Chapter 5-4 of the Code of Athens-Clarke County, Georgia, entitled Stormwater Management, Section thereof entitled Exemptions from requirements. is hereby amended by adding to said Section new item (6) as follows: (6) Sidewalks or trails 15 feet wide or less where runoff is directed via sheet flow toward vegetated areas at least twice as wide as the paved area, provided that the potential for erosion is adequately addressed. SECTION 2. All ordinances or parts of ordinance in conflict herewith are hereby

13 A motion was made by Commissioner Sims, seconded by Commissioner Hoard, to approve Government Operations Committee (GOC) recommendation on youth development as follows: - Support the creation of a task force on youth development with a particular focus on the prevention of joining of gangs; - Approve the draft process (as outlined in the November 19, 2014 GOC report and graphically depicted in Attachment 1 of said report) and initial charge for the task force; and - Authorize the Mayor to invite and convene the group of suggested community stakeholders to form the task force and begin work. The motion passed by unanimous vote. Mayor and Commission HELD: - Green building ordinance - Solid Waste commercial curbside residential collection program changes New business Consider under suspension of Rules A motion was made by Commissioner Sims, seconded by Commissioner Herod, to suspend Rules of Commission for consideration of one item of new business. The motion passed by unanimous vote. A motion was made by Commissioner Girtz, seconded by Commissioner Lowry, to approve the following Nominating Committee report for appointments. The motion passed by unanimous vote. Athens-Clarke County Library Board Clarke County Board of Health Clarke County Board of Assessors Construction Board of Appeals Shannon Thompson Sean Boyle (reappointment) William Prokasy (reappointment) Five-year term expiring Jon Tonge Partial term expiring David Lynn Six-year term expiring David Matheny (reappointment) Architect/engineer Five-year term expiring Athens-Clarke County Industrial David Ellison (reappointment) Development Authority Two-year term expiring Public hearing and deliberation on recommendations from the Athens-Clarke County Planning Commission A public hearing was held on request of Patsy Clark for Jessie James Clark for special use in AR (Agricultural Residential) District on acres known as 300 Joe Carey Road. Proposed use is an individual personal care home. Type II

14 Planning Commission recommendation: Approve w/conditions Citizen input There was no citizen input. A motion was made by Commissioner Lowry, seconded by Commissioner Sims, to adopt the following ordinance (# ) 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 AR (AGRICULTURAL RESIDENTIAL) DISTRICT ON THE APPROXIMATE ACRE PARCEL OF LAND LOCATED AT 300 JOE CAREY DRIVE; AND FOR OTHER PURPOSES. SECTION 1. The current AR (Agricultural Residential) District in which is located an approximate acre parcel of land at 300 Joe Carey Drive, Winterville, Georgia is hereby amended to provide for Special Use approval for said acre parcel to permit the operation of an individual personal care home in one of the two existing single-family dwellings located thereon. The subject approximate acre parcel is more fully described as follows: All that approximate acre parcel of land as described in the drawing entitled Survey for Teresa Clark; 300 Joe Carey Road, Winterville, GA, dated October 1, 2014, prepared by Williams and Associates, and being on file and available for public inspection in the Office of the Athens-Clarke County Planning Department. Said approximate acre parcel of land at 300 Joe Carey Road, Winterville, Georgia is designated as tax parcel number U 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 W. 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 Clerk of Commission's Office and duly noted in the minutes of the Commission meeting. SECTION 2. The binding site plan associated with this ordinance and incorporated herein by reference consists of one sheet entitled, Survey for Teresa Clark; 300 Joe Carey Road, Winterville, GA, dated October 1, 2014, prepared by Williams and Associates, and stamped, Binding 11/10/2014, and being on file and available for public inspection in the Office of the Athens-Clarke County Planning Department. The binding written report associated with this ordinance and incorporated herein by reference consists of seven pages, untitled, dated September 9, 2014, stamped, Binding 11/10/2014, and being on file and available for public inspection in the Office of the Athens- Clarke County Planning Department. SECTION 3. The conditions of zoning associated with this ordinance are as follows: 1. The site plan shall be revised to denote RS-40 building setback lines in accordance with Section of the Code of Athens-Clarke County, Georgia. 2. The site plan shall be revised to correctly identify the names of adjoining streets. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby A public hearing was held on a revision to Environmental Areas Map in regard to updated flood plain, wetlands, groundwater recharge area, and riparian buffer information from November 22, 2004 to October 29, 2014 and to incorporate updated GIS parcel layer data, and proposed text amendments. Planning Commission recommendation: Approve w/revisions Citizen input The following citizen input was received.

15 1. Kyle McKay, 248 Georgia Avenue, representing Upper Oconee Water Basin Network supported. 2. Sydney Bacchus, P.O. Boxes 174 sludge will enter riparian areas. 3. Dominque DeJaeger, Plant Manager of Noramco-Ethicon, 1440 Olympic Drive larger buffers will stop expansion of businesses. 4. Mark McConnell, 2510 Commerce Road supported larger buffers. A motion was made by Commissioner Girtz, seconded by Commissioner Herod, to HOLD this item until the July/August 2015 agenda cycle. After discussion a motion was made by Commissioner Girtz to call for the question. The motion died for lack of a second. Commissioner Girtz amended his motion as follows: I move that the Commission act upon the recommendation of the Planning Commission as follows: HOLD Sections 1, 2 and 3 of the recommended ordinance; APPROVE Section 4 of the recommended ordinance dealing with the approval of an Environmental Areas Map. This revised ordinance is submitted for approval as the Commissioner-Defined Ordinance; ESTABLISH a special committee consisting of nine members to be appointed by the Mayor, including Commissioner Girtz as Chair, to consider possible amendments to Chapter 8-6 of the Athens-Clarke County Code entitled Protected Environmental Areas that would establish or increase environmental buffers around lakes, ponds and wetlands, such committee consideration to be in accordance with the charge from the Mayor and Commission that is submitted with and included in this motion. Further, the special committee shall complete its review and submit its recommendations to the Athens-Clarke County Planning Commission for review and recommendation by the Planning Commission no later than at its June, 2015 meeting for submission to the Mayor and Commission for review and consideration no later than at the July, 2015 agenda-setting meeting and the August, 2015 Mayor and Commission regular monthly meeting. In any event, the matter shall be placed on the agenda for the July, 2015 agenda-setting meeting and the August, 2015 Mayor and Commission regular monthly meeting for further action and direction. STAFF shall provide support to the special committee, and Departments are authorized to adjust their work plans to accommodate the special committee s schedule. Approve the following amended charge to the special committee. Identify the locations of wetlands, ponds and buffers within the county and include location by zoning classification and ownership, i.e. public or private, % of each parcel identified as a wetland Survey available science and research on buffers adjacent to wetlands, ponds and buffers Consider additional limitations on land disturbances within buffers Consider passive recreation activities within buffer areas balanced with mitigation areas Consider the extent to which wetlands and ponds may already be regulated by other ordinances or state or federal regulations Consider possible takings claims that may result if changes to wetlands and pond buffers create tracts that cannot be developed as zoned Review methodologies that are available to determine the boundaries of wetlands and whether or not such methodologies may be described and articulated in a policy that staff and private sector professionals can follow consistently Review potential costs to property owners and the Unified Government in implementing changes to the buffer requirements