Items under this section were presented at prior public meetings and were presented for consideration as a single item. Only one vote was taken.

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1 Unified Government of Athens-Clarke County, Georgia Tuesday, November 4, :00 p.m. City Hall The Mayor and Commission of the Unified Government of Athens-Clarke County, Georgia met this date in regular monthly business 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 Herod, seconded by Commissioner Sims, to approve Minutes of meeting of Tuesday, October 7, The motion passed by unanimous vote. Written communications There were no written communications. Recognitions Mayor Denson recognized Jim Corley, Solid Waste Director. and Stacee Farrell, Executive Director Keep Athens-Clarke County Beautiful, for acceptance of the following award. On Wednesday, October 22, Keep Athens-Clarke County Beautiful received the 2014 Outstanding Civic Organization Grand Award from the Georgia Urban Forest Council at the 24th Annual GUFC Awards Program. KACCB was recognized for their ability to obtain grant funds and collaborate with several community organizations to plant orchards at two elementary schools, two middle schools, and six urban community garden sites. Trees in the orchard plans included figs, persimmon, pomegranate, paw paw, pear, apple, plum, and pecan. One goal of the orchard plantings was to support the use of outdoor learning spaces to teach the environmental, economic, and aesthetic significance of green spaces. Another goal was to provide the students and the underserved community with fresh, healthy, locally grown fruits and nuts. Old business Consent Items under this section were presented 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. Tyler Dewey, 149 Tracey Street supported Atlanta Highway Committee report. 2. Melissa Link, 148 Hiawassee more discussion needed on Oconee Street traffic signal request. 3. Sydney Bacchus, P.O. Box 174 asked that cooperative extension, fire services, and Municipal Court case management be removed from consent. 4. Judge Leslie Jones, along with Municipal Court staff - supported Municipal Court case management system vendor selection. A motion was made by Commissioner Sims, seconded by Commissioner Lowry, to consent to action on the following 12 items. The motion passed by unanimous vote. 1. 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 MOUNT VERNON PLACE; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows:

2 SECTION 1. Pursuant to Section (a)(1)e. of the Code of Athens-Clarke County, Georgia, parking is hereby prohibited on the west side of Mount Vernon Place from its intersection with West Cloverhurst Avenue and extending along the westerly side of said street north a distance of 335 feet to the existing limit of the no parking area on the west side of Mount Vernon Place, as further shown on Attachment 1 incorporated herein by reference: SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 2. ADOPT: The following ordinances (# and # ) which were presented by title only. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO LICENSES AND BUSINESS REGULATIONS - ALCOHOLIC BEVERAGES HOME-BREW SPECIAL EVENTS; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Section of the Code of Athens-Clarke County, Georgia, entitled Definitions, is hereby amended by adding the following definitions: Home-brew beverage: Any malt beverage produced pursuant to O.C.G.A. Sec. Home-brew special event: Any contest, judging, tasting, or other similar event that occurs at a central location outside of private residences whereby different home-brew beverages that have been manufactured in private residences are sampled, compared, and consumed by participants in and judges of such events for awards, money, prizes, recognition or any other valuable consideration. SECTION 2. Section 6-3-7, entitled Reserved, of the Code of Athens-Clarke County is hereby amended by removing such title and substituting the title Home-brew Special Events in lieu thereof and adding the following text: (a) Prohibition. It shall be unlawful to conduct a home-brew special event except in compliance with this Chapter. (b) Permits. (1) No person shall sponsor or conduct a home-brew special event unless a permit therefor is first obtained from the Manager or his or her designated representative. (2) Any person seeking a home-brew special event permit hereunder shall file with the Central Services Department a written permit application at least 10 business days in advance of the date proposed for such event. (3) The permit application shall be on a form provided to the applicant by the Central Services Department and shall contain the name of the sponsor and/or organizer, the date, beginning and ending times and location of the event and the location of the event premises, approximate number of persons who will attend, a general description of the event, a description of the prizes or awards to be offered, and any other information that is reasonably necessary to enable the Manager to approve or deny the application in accordance with this Chapter. (4) The Manager shall consider the following factors in determining whether or not to issue a permit: (1) whether or not the event as proposed complies with applicable ordinances, laws and regulations, and (2) whether or not the event as proposed poses a potential significant adverse impact on the health, safety and welfare of the event participants or on the public. The Manager may impose conditions upon the grant of a permit to minimize any significant impacts on health, safety and welfare that may be caused by an approved event, and such conditions shall be noted on the permit. The issuance of a home-brew special event permit shall be separate from and in addition to any special event permit that may be required pursuant to Chapter 6-5 of the Code of Athens-Clarke County. In reviewing an application, the Manager may consider past practices of the sponsors or organizers of the event under consideration, including whether or not representations in the application for a prior event were truthful or complete, whether or not the prior event was conducted in accordance with the application and permit, and whether or not the conduct of the prior event had a significant adverse impact on the health, safety and welfare of the event participants or on the public.

3 (5) The Manager shall grant or deny the permit a least 5 days prior to the scheduled date of the event, but in no instance more than 30 business days after the filing of a complete permit application. event. (6) The permit shall be posted in the event premises at all times during the (7) The fee for processing the application for a permit shall be $50.00 and shall be non-refundable. An applicant may receive no more than six permits per calendar year and shall submit a separate application for each event. No additional permit fees will be charged to an applicant for subsequent applications submitted during a calendar year. (c) Regulations. (1) Consumption of alcoholic beverages within the premises of a permitted home-brew special event shall be limited solely to home-brew beverages, and such homebrew beverages shall be consumed only by the participants in and judges of the home-brew special events and only within the event premises. (2) Home-brew special event permits shall not be issued for any location licensed under this Chapter and shall only be issued to locations in the following zones as defined in Title 9 (Zoning) of the Code of Athens-Clarke County: (i) C-G, Commercial General; (ii) C-D, Commercial Downtown; (iii) C-N, Commercial Neighborhood; (iv) C-O, Commercial Office; (v) C-R, Commercial Rural; (vi) E-I, Employment Industrial; (vii) E-O, Employment Office; (viii) I, Industrial; (ix) G, Government District; (3) A permitted event shall begin no earlier than 8:00 a.m. Monday through Saturday and noon on Sunday and shall conclude no later than 11:00 p.m. Sunday through Thursday and 12:00 midnight on Friday and Saturday. (4) Home-brew beverages shall not be sold, offered for sale, or made available for consumption by the general public. (5) Home-brew beverages may only be transported to home-brew special events in accordance with state law. (6) A home-brew special event permittee shall be subject to all laws, rules and regulations of Athens-Clarke County and the state, including without limitation the provisions of section of this Chapter. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO SPECIAL EVENTS; AND FOR OTHER PURPOSES The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Section of the Code of Athens-Clarke County, Georgia, entitled Sale of beer and/or wine. subsection (9) thereof is hereby amended by adding the following sentence at the end thereof, Food service shall not be required in a special outdoor café that has a separate home-brew special event permit. so that section (9) is as follows: (9) Every special outdoor cafe permitted under this section shall provide seating and food service for every person admitted to such area. Food service shall not be required in a special outdoor café that has a separate home-brew special event permit. SECTION 2. Section of the Code of Athens-Clarke County, Georgia, entitled Sale of beer and/or wine. subsection (10) thereof is hereby amended by adding the numeral 1 enclosed in parentheses between the existing words restricted to and a restaurant, by adding the words, or (2) the holder of a separate home-brew special event permit. after the

4 existing words by the drink, by adding the words, or permittee(s) after the existing word licensee(s), by deleting the word license and substituting therefore the word assigned, and by adding the words, or permit between the existing words, license and shall so that section (10) is as follows: (10) The dispensing of beer and/or wine at any special outdoor cafe area shall be restricted to: (1) a restaurant having a valid business license and valid alcoholic beverage license to sell retail beer and/or wine by the drink, or (2) the holder of a separate home-brew special event permit. The name of such licensee(s) or permittee(s) and the current assigned number, as such appear on the license or permit, shall be required as a part of the application for a special event permit. SECTION 3 Section of the Code of Athens-Clarke County, Georgia, entitled Sale of beer and/or wine. subsection (13) thereof is hereby amended by adding the following sentence at the end thereof, Provided, however, that participants in and sponsors of homebrew special events may transport malt beverages to a home-brew special event in a special outdoor café in accordance with applicable law. so that section (13) is as follows: (13) It shall be unlawful for patrons of any area(s) of a special event in which beer and/or wine is permitted to bring into or take outside the designated area(s) any alcoholic beverage or to furnish any alcoholic beverage to any person outside the designated area where beer and/or wine is permitted. Provided, however, that participants in and sponsors of home-brew special events may transport malt beverages to a home-brew special event in a special outdoor café in accordance with applicable law. SECTION 4. All ordinances or parts of ordinance in conflict herewith are hereby repealed. 3. APPROVE: Unified Government of Athens-Clarke County (ACCUG) Human and Community Development staff to submit the Homeless Assistance Grant Renewal Application associated with the Continuum of Care Plan for the 2015 program year (January 1, 2015-December 31, 2015) as per agenda report dated October 9, 2014; Authorize the acceptance of the grant, if awarded; Authorize appropriate amendments to agency grants based upon the amount of the actual grant award; and Authorize the Mayor and appropriate staff to execute the HUD grant agreements and all related documents. 4. APPROVE: Amendments to FY15 Community Development Block grant contracts for Athens Housing Authority, Athens Land Trust, and the Athens-Clarke Heritage Foundation as described in Facts and Issues #4, #5, and #6 of agenda report dated October 9, 2014; and authorize the Mayor and appropriate staff to execute all related documents. 5. APPROVE: Waiving of downtown on-street metered parking fees and West Washington Street parking deck fees on Friday, November 28, 2014 as per agenda report dated October 16, APPROVE: The proposed project concept for the Cooperative Extension Service Center (SPLOST 2011 Project #010) as described in Attachment #1 of agenda report revised October 28, 2014, and authorize staff to advance the project to the schematic design phase in accordance with an approved project concept; and AUTHORIZE: Staff to implement site selection activities for the Cooperative Extension Service Center in accordance with the Unified Government of Athens- Clarke County Major Project Site Selection Process and through review of the Mayor and Commission appointed Site Selection Committee.

5 NOTE: On September 30, 2014, the Athens Cultural Affairs Commission offered a recommendation in accordance with Athens-Clarke County Code of Ordinances, Section 1, Title I, Chapter , Additional Funding for Public Art, to the Mayor and Commission related to the use of public art for the Cooperative Extension Service Center (Attachment #2). The recommendation included a budget designation of one percent of the actual construction contract estimated to be $16,440 to be used for public art on the Project with the final selection and location of the art to be determined during design and approved by the Mayor and Commission. Staff concurs with this recommendation. 7. APPROVE: The proposed Sub-Project #1 Concept for replacement of Fire Station #2 (SPLOST 2011 Project #03) as shown in Attachment #1 of agenda report revised October 28, 2014 and authorize staff to advance the project to the schematic design phase in accordance with the approved project concept; AUTHORIZE: Staff to implement site selection activities for Fire Station #2 in accordance with the Unified Government of Athens-Clarke County (ACCUG) Major Project Site Selection Process and through review of the Mayor and Commissionappointed Site Selection Committee; and APPROVE: the proposed Sub-Project #2 Concept for the competitive procurement of firefighter breathing apparatus (SPLOST 2011 Project #03) to meet applicable safety requirements as described in Attachment #2 of said agenda report and authorize staff to initiate procurement in accordance with applicable ACCUG procurement procedures. NOTE: On March 12, 2012, the Athens Cultural Affairs Commission offered a recommendation in accordance with Athens-Clarke County Code of Ordinances, Section 1, Title I, Chapter , Additional Funding for Public Art, to the Mayor and Commission related to the use of public art for Sub-Project #2, acquisition of breathing apparatus equipment (Attachment #3). Based on the nature of the Sub-Project scope the Commission recommended that no public art be associated with the implementation of SPLOST 2011 Project #03, Sub-Project #2. Staff concurs with this recommendation. NOTE: On September 30, 2014, the Athens Cultural Affairs Commission offered a recommendation in accordance with Athens-Clarke County Code of Ordinances, Section 1, Title I, Chapter , Additional Funding for Public Art, to the M&C related to the use of public art for Sub-Project #1, Fire Station #2 replacement, (Attachment #4). The recommendation included a budget designation of one percent of the actual construction contract estimated to be $27,170 for public art on Sub-Project #1 with the final selection and location of the art to be determined during design and approved by the M&C. Staff concurs with this recommendation. 8. APPROVE: The selection of Tyler Technologies as the most responsive proposal for the development and implementation of a new Municipal Court Case Management System (SPLOST 2011 Sub-Project #04-03); AUTHORIZE: Authorize Municipal Court Judge and appropriate staff to negotiate the contract amount and annual maintenance fees; AUTHORIZE: the Mayor, Municipal Court Judge and appropriate staff to award the contract for software and professional services to Tyler for an amount not to exceed $190,000; and APPVOVE: Modification of SPLOST 2011 Project #04 Sub-Project Concepts and Budgets as shown in Attachment #2 of agenda report dated October 1, APPROVE: Renaming of East Athens Community Park as Trail Creek Park and retaining the current Policy and Procedure Number COM-002 Naming of ACCowned Facilities.

6 10. APPROVE: Items for 2015 for discussion with local legislative delegation. a) Request from Judges of Superior Court in support of fourth judgeship for the Western Judicial Circuit b) Request from Commissioner Girtz that vehicles be required to stop for a pedestrian that has engaged a crossing signal or is standing on the curb prepared to cross PRIOR YEAR ITEMS c) Assistance with neighborhood speeding issues d) Referendum on the voting district map as approved by the Mayor and Commission and submitted to the delegation for consideration during the 2012 legislative session e) Change the law to allow ACC Mayor and Commission non-partisan elections to be held in conjunction with the November general election in even-numbered years f) Ability to hold a referendum on local option sales tax specifically for transit services and economic development. 11. APPROVE: Atlanta Highway Committee report of the general connectivity concept as per attachment #1 of report dated October 17, 2014; AUTHORIZE: Staff to develop connectivity engineering plans and construction costs for further review by the Atlanta Highway Committee; APPROVE: The landscape improvement proposal for a section of Atlanta Highway as per Attachment #2 of said report; and AUTHORIZE: Staff to execute the landscape improvement proposal. 12. APPROVE: Recommendation from the Board of Assessors to deny the request for refund regarding the homestead removal at 195 Herman Street for property tax years 2008, 2009, 2010, and 2011 as per agenda report dated November 4, Old/new business Discussion Citizen input The following citizen input was received. 1. Greg Yoder, 230 Normal Avenue remove Finley Street from residential parking permit program 2. Ashley Simpson, 230 Normal Avenue remove Finley Street from residential parking permit program 3. Sean Wessling, 972 Waddell Street supported Hills Chapel Street and Hancock Avenue Safe Routes to School plan; delay Waddell Street 4. Sydney Bacchus supported funding for energy sustainability 5. Tyler Dewey, 149 Tracy Street more work is needed on Greenway Network plan

7 A motion was made by Commissioner Bailey, seconded by Commissioner NeSmith, to table the traffic signal request for Oconee Street (US78/SR10) and Hickory Street Extension. Commissioner Bailey amended his motion to table until December 2, A substitute motion was made by Commissioner Hoard, seconded by Commissioner Lowry, to approve the signalization of the intersection of Oconee Street (US78 Bus/SR10) at Hickory Street Extension as shown in Attachment #1 of agenda report dated October 9, 2014; and authorize the Mayor and appropriate staff to sign all related Georgia Department of Transportation (GDOT) permit requests, contracts, and documents associated with the traffic signal installation at this intersection. The substitute motion passed by roll call vote with Commissioners Lowry, Sims, Maxwell, Wright, NeSmith, Hoard, Herod, Girtz, and Hamby voting YES; and Commissioner Bailey voting NO. (9 YES; 1 NO) Commissioner Sims was excused at 7:47 p.m. to: A motion was made by Commissioner Wright, seconded by Commissioner Maxwell, Approve the conceptual drawings for the H.T. Edwards Learning Center Safe Routes to School Sidewalk Projects for West Hancock Avenue as shown on Attachment #1 of agenda revised October 28, 2014, Hills Chapel Street as shown on Attachment #2 of said agenda report, and Waddell Street as shown on Attachments #3a and #3b of said agenda report; and Authorize Transportation and Public Works Department staff to develop preliminary engineering drawings for the H.T. Edwards Learning Center Safe Routes to School Sidewalk Projects for West Hancock Avenue as shown on Attachment #1 and Hills Chapel Street as shown on Attachment #2 of said agenda report. The motion passed with nine YES votes. Commissioner Sims was absent. A motion was made by Commissioner Hoard, seconded by Commissioner Bailey, to approve Government Operations Committee recommendation for changes to Policy/Procedure Statement TE-005 Residential Parking Permit Program as indicated in Attachment #1 of report dated September 17, 2014 including the additional streets as eligible streets with the deletion of South Finley Street. The motion passed by nine YES votes. Commissioner Sims was absent. Commissioner Sims returned to the chamber at 7:52 p.m.. A motion was made by Commissioner NeSmith to designate the rail-to-trail corridor segment between Downtown Athens (East Broad Street) and Old Winterville Road as the Georgia Railroad Firefly Trail of the Greenway network. The motion died for lack of a second. A motion was made by Commissioner NeSmith, seconded by Commissioner Bailey, to divide the question of the Greenway Network Plan Update Maps (items 1a and b) and naming of the rail-to-trail segment between Downtown Athens and Old Winterville Road (item 1c). There was a tie roll call vote with Commissioners Wright, Bailey, NeSmith, Hoard, and Girtz voting YES; and Commissioners Lowry, Sims, Maxwell, Herod, and Hamby voting NO. (5 YES; 5 NO). Mayor Denson broke the tie with a vote of YES.

8 A motion was made by Commissioner NeSmith, seconded by Commissioner Bailey, to designate the rail-to-trail corridor segment between Downtown Athens (East Broad Street) and Old Winterville Road as the Georgia Railroad Firefly Trail of the Greenway network. A substitute motion was made by Commissioner Hamby, seconded by Commissioner Herod, to designate the rail-to-trail corridor segment between Downtown Athens (East Broad Street) and Old Winterville as the Firefly Trail of the Greenway network. The substitute motion passed by roll call vote with Commissioners Lowry, Sims, Maxwell, Wright, Bailey, Hoard. Herod, Girtz, and Hamby voting YES; and Commissioner NeSmith voting NO. (9 YES; 1 NO) A motion was made by Commissioner Girtz, seconded by Commissioner Lowry, to DENY approval of the Greenway Network plan updated Level l Map (Attachment #1) of agenda report dated October 2, 2014, updated Level 2 Map (Attachment #2), new Level 2 Map Inset (Attachment #3); and Leisure Services Department staff development of preliminary plans for the High Priority Trail Corridors identified in the Level 2 Map; and request that staff develop a comprehensive package of Greenway Network plans text and maps to come forward in the future. The motion passed by unanimous vote.. A motion was made by Commissioner Hamby, seconded by Commissioner Sims, to restrict the vehicle length allowed to utilize the on-street parking spaces along East Broad Street between Jackson Street and Thomas Street as shown in Attachment #1 of agenda report dated October 9, 2014; and adopt amendment to # (a)(1)e to allow the Athens Downtown Development Authority to enforce the restriction on vehicle length as shown in Attachment #2 of said agenda report. The motion and second were withdrawn. A motion was made by Commissioner Herod, seconded by Commissioner Hamby, to adopt the following Commission-defined ordinance (# ) which was presented by title only and allow the Athens Downtown Development Authority to enforce the restriction on vehicle length as shown in Attachment #2 of agenda report dated October 9, The motion passed by unanimous vote. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO RESTRICTED-LENGTH VEHICLE PARKING ON EAST BROAD STREET; AND FOR OTHER PURPOSES. The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Pursuant to Section (a)(1)e. of the Code of Athens-Clarke County, Georgia the north and south sides of East Broad Street between Thomas Street and Jackson Street, and as further shown on Attachment 1 incorporated herein by reference, is hereby designated as a restricted-length vehicle parking area. All on-street parking spaces in said area shall be designated by either solid white lines, checkered white lines, or a combination of both, such lines being placed on both sides and the street-side end of said parking spaces. Vehicles shall be positioned entirely within both side lines and the streetside end line of each parking space, and it shall be illegal for any portion of a vehicle, including without limitation any equipment, cargo or other projections therefrom, to extend over any line designating such a parking space. SECTION 2. Section of the Code of Athens-Clarke County, Georgia entitled Legal parking zone violations subsection (c) thereof entitled Nonmoving violations is hereby amended by adding new subsection (13) thereto as follows: (13) Parking outside the lines of a designated parking space SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

9 A motion was made by Commissioner NeSmith, seconded by Commissioner Herod, 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 ROAD RIGHTS-OF-WAY; AND FOR OTHER PURPOSES The Commission of Athens-Clarke County, Georgia hereby ordains as follows: SECTION 1. Chapter 7-3 of the Code of Athens-Clarke County, Georgia, entitled Streets and Sidewalks, Article 3 thereof entitled Road Rights-Of-Way, is hereby amended by adding to said Article 3 new section entitled, Permit Required so that new section is as follows: Sec Permit Required (a) It shall be a violation of this section to perform or cause to be performed any work, or to place or cause to be placed any item(s), within a road right-of-way without a valid right-of-way encroachment permit, issued by the Director of the Athens-Clarke County Transportation and Public Works Department or his/her designee, except as otherwise provided herein. (b) The following types of activities require a right-of-way encroachment permit: 1. Any activity that is a potential threat to public safety, 2. Temporary or permanent obstruction of pedestrian or vehicular traffic, 3. Installation, removal, or alteration of any roadway infrastructure, 4. Installation or maintenance of any utility infrastructure, 5. Excavation of any kind for any purpose, 6. Placement of any kind of construction material, object, structure, or debris, either temporary or permanent. (c) The following types of activities may be performed without a right-of-way encroachment permit: 1. Planting and maintenance of plant material and vegetation, including grass, in areas where such materials are traditionally placed. 2. Placement and maintenance of mailboxes in areas where mailboxes are traditionally placed in accordance with applicable United States law and regulation. (d) The following are types of activities expressly prohibited within the right-of-way and for which no permit will be issued: 1. Installation and operation of any irrigation system, 2. Parking or placement of dumpsters, 3. Placement of fences and walls, 4. Placement of signs, except as permitted by section of this Code, 5. Placement of any structure not part of the public infrastructure, 6. Placement of any temporary storage unit or structure, 7. Filling in any street gutter with concrete, asphalt, debris, or any other material, 8. Removal or alteration of any existing structure within the right-of-way, 9. Vending or street sales unless in accordance with Ordinance Section through of the Code of Athens-Clarke County, 10. Sidewalk cafes unless permitted in accordance with Chapter 6-10 of the Code of Athens-Clarke County. (e) The Director of the Athens-Clarke County Transportation and Public Works Department or his/her designee will determine on a case-by-case basis in accordance with applicable ordinances and laws which specific activities require a right-of-way encroachment permit and which activities are prohibited within the rightof-way. (f) Applicants for right-of-way encroachment permits shall pay a non-refundable application fee at the time of making application as provided in Section of the Code of Athens-Clarke County, Georgia. (g) In addition to such application fee, at the discretion of the Director of the Athens- Clarke County Transportation and Public Works Department or his/her designee, a bond, or certification of satisfactory contractor s liability insurance, or both may be required from the applicant before a right-of-way encroachment permit will be issued. 1. When required, the liability limits of contractor s insurance will be determined by the Director of the Athens-Clarke County Transportation and Public Works Department or his/her designee, with a minimum policy limit of

10 one million dollars ($1,000,000.00). The Unified Government of Athens- Clarke County shall be named as the loss payee (or additional insured) on such policy. 2. When required, the amount of bond shall be determined by the Director of the Athens-Clarke County Transportation and Public Works Department or his/her designee, with a minimum bond in the amount of 150% of the estimated cost of the work. A cost estimate certified by a professional engineer licensed by the State of Georgia shall be provided by the applicant when bond is required. (h) All work shall be performed in compliance with the terms, conditions and specifications of a valid right-of-way encroachment permit, the current edition of the Manual on Uniform Traffic Control Devices, and the current edition of the Athens- Clarke County Transportation and Public Works Department Technical Standards. Copies of the Manual on Uniform Traffic Control Devices and the Athens-Clarke County Transportation and Public Works Department Technical Standards are available for public inspection in the offices of the Athens-Clarke County Transportation and Public Works Department, 120 W Dougherty St, Athens, Georgia (i) Violations Any action or inaction in violation of any provision of this section may be subject to enforcement action. These actions include, but are not limited to, any one or several of the following, and none of these actions shall be a prerequisite to taking any of the others: 1. Citation. A citation may be issued to the alleged violator requiring such person to appear in the Municipal Court of Athens-Clarke County to answer charges for such violation. Upon conviction, such person shall be punished pursuant to Section of this Code. Each act of violation and each day upon which any violation shall occur may constitute a separate offense. 2. Stop Work Order. A stop work order may be issued and shall be served upon the applicant or responsible person. A stop work order shall be effective immediately and shall mean that all work must stop unless the work pertains to correcting the violation. A stop work order shall remain in effect until released in writing by the Transportation and Public Works Director or his/her designee. Failure to abide by a stop work order is a violation of the Code of Athens-Clarke County, Georgia. 3. Bond Forfeiture. If, through inspection, it is determined that the permitted work does not comply with the approved permit and applicable standards, a written notice to comply shall be served upon the applicant or other responsible person. The notice shall set forth the measures necessary to achieve compliance, and shall state the time within which such measures must be completed. If the work is not brought into compliance within the time specified, the applicant shall be deemed in violation of this section and, in addition to other penalties, shall be deemed to have forfeited its performance bond. 4. Withhold Certificate of Occupancy. In those instances where the permitted work within the right-of-way is associated with the improvement of private property for which a building permit has been issued, the Transportation and Public Works Director or his/her designee may request that the Athens- Clarke County Building Permits and Inspections Department refuse to issue a Certificate of Occupancy for the building or any other improvements until the work within the right-of-way has been brought into compliance. 5. Suspension, revocation or modification of permit. The Transportation and Public Works Director or his/her designee may suspend, revoke or modify the permit authorizing work within the right-of-way. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has corrected the violations and brought the work into compliance. 6. Removal. Removal of any item placed or work performed in violation of the provisions of this section. SECTION 2. All ordinances or parts of ordinance in conflict herewith are hereby repealed. SECTION 3. Enforcement or prosecution of violations of paragraph (d) (10) of Section regarding sidewalk cafes as adopted hereinabove shall be suspended until March 1, 2015.

11 New business Consider under suspension of Rules There was no new business. Mayor and Commission HELD: - Green building ordinance - Solid Waste commercial curbside residential collection program changes. - Environmental areas map update and associated text amendments. Public hearing and deliberation on a recommendation from the Athens-Clarke County Planning Commission A public hearing was held on request of Williams & Associates for Keystone Custom Homes, LLC et al for amendment of C-N PD (Commercial-Neighborhood Planned Development) on acres known as 455 Epps Bridge Parkway et al. Proposed uses are commercial and residential. Type II Citizen input Planning Commission recommendation: Approval w/conditions (unanimous) The following citizen input was received. 1. Scott Haines, Williams and Associates, representing petitioner supported. 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. AN ORDINANCE TO AMEND THE CODE OF ATHENS-CLARKE COUNTY, GEORGIA WITH RESPECT TO AMENDING THE EXISTING PLANNED DEVELOPMENT, ZONED C-N (PD) (COMMERCIAL-NEIGHBORHOOD, PLANNED DEVELOPMENT) ON 35 PARCELS OF LAND AT 455 EPPS BRIDGE PARKWAY, ET AL; 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 and Section thereof, is hereby amended by amending the existing Planned Development, zoned C-N (PD) (Commercial-Neighborhood) (Planned Development) on the approximate acre tract of land currently comprised of 35 parcels of land to reconfigure those parcels of land in the area bounded by Timothy Road, Ruthwood Lane and Timothy Park Lane to eliminate the approved multifamily use and the three previously approved but unbuilt multifamily buildings containing a total of 21 dwellings/units and reconfigure the private alley, such reconfigurations resulting in the addition of five single-family residential lots and an amenity lot with neighborhood swimming pool, said existing parcels being located at 1460 Timothy Road (tax parcel number 123A8 A001), 131 Timothy Park Lane (tax parcel number 123A8 A002), 125 Timothy Park Lane (tax parcel number 123A8 A003), 119 Timothy Park Lane (tax parcel number 123A8 A004), 113 Timothy Park Lane (tax parcel number 123A8 A005), 170 Ruthwood Lane (tax parcel number 123A8 A095), 174 Ruthwood Lane (tax parcel number 123A8 A096), 1424 Timothy Road (tax parcel number 123A8 A097), 1420 Timothy Road (tax parcel number 123A8 A098), 1470 Timothy Road (tax parcel number 123A8 A099), 179 Timothy Park Lane (tax parcel number 123A8 B001), 173 Timothy Park Lane (tax parcel number 123A8 B002), 167 Timothy Park Lane (tax parcel number 123A8 B003), 161 Timothy Park Lane (tax parcel number 123A8 B004), 155 Timothy Park Lane (tax parcel number 123A8 B005), 149 Timothy Park Lane (tax parcel number 123A8 B006), 143 Timothy Park Lane (tax parcel number 123A8 B007), 137 Timothy Park Lane (tax parcel number 123A8 B008), 185 Timothy Park Lane (tax parcel number 123A8 B098), 0 Timothy

12 Park Lane (tax parcel number 123A8 B099), 455 Epps Bridge Parkway (tax parcel number 123A8 C001), 445 Epps Bridge Parkway (tax parcel number 123A8 C001A), 465 Epps Bridge Parkway (tax parcel number 123A8 C002), 166 Timothy Park Lane (tax parcel number 123A8 D001), 160 Timothy Park Lane (tax parcel number 123A8 D002), 148 Timothy Park Lane (tax parcel number 123A8 D099), 136 Timothy Park Lane (tax parcel number 123A8 E001), 130 Timothy Park Lane (tax parcel number 123A8 E002), 124 Timothy Park Lane (tax parcel number 123A8 E003), 118 Timothy Park Lane (tax parcel number 123A8 E004), 112 Timothy Park Lane (tax parcel number 123A8 E005), 106 Timothy Park Lane (tax parcel number 123A8 F001), 100 Timothy Park Lane (tax parcel number 123A8 F002), 1410 Timothy Road (tax parcel number 123A8 F099) and 1440 Timothy Road (tax parcel number ) on the Athens-Clarke County tax maps, such tax maps being on file and available for public inspection in the office of the Athens-Clarke County Planning Department, 120 West Dougherty, Athens, Georgia, and as shown on Attachment A hereto. Said affected approximate acre tract of land is more fully described as follows: All that tract of land located in Athens-Clarke County, Georgia, as described in the drawing entitled Village Park At Timothy, Athens-Clarke County, GA, Acres, 12088, Planned Development Amendment Plan Sheet R-1, dated July 29, 2014, revised October 3, 2014, prepared by Williams & Associates, on file and available for public inspection in the Office of the Athens-Clarke County Planning Department. SECTION 2. The binding site plan associated with this ordinance and incorporated herein by reference consists of one sheet entitled, Village Park At Timothy, Athens-Clarke County, GA, Acres, 12088, Planned Development Amendment Plan Sheet R-1, dated July 29, 2014, revised October 3, 2014, prepared by Williams & Associates, and being stamped Binding 10/7/14. The binding written report associated with this ordinance and incorporated herein by reference consists of a total of 8 pages and is entitled Village Park at Timothy, A Planned Development with underlying Commercial-Neighborhood zoning, 160 Ruthwood Lane, Revised Master Plan Report, ACC Case Number PD , PD dated August 22, 2014, revised October 3, 2014, and stamped Binding 10/7/14 and is on file and available for public inspection in the Office of the Athens-Clarke County Planning Department. Except as amended hereby all previously approved binding plans, architectural elevations and reports will remain in full force and effect. SECTION 3. The conditions of rezoning associated with this ordinance are as follows: 1. Other than previously approved riparian buffer encroachments, no further such encroachments are approved. 2. Lot numbers on the binding site plan shall be revised to correspond with those shown on the final plat and approved by the Planning Director before any construction permits are issued. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Citizen input on items other than those listed on this agenda The following citizen input was received. 1. Sydney Bacchus requested Dunlap Road gate to the dump be repaired. 2. Chuck Jones, 189 Canterbury Drive, representing Convention and Visitors Bureau - panhandling is a downtown problem FROM MAYOR DENSON: 1. Referred to the Government Operations Committee a review of the sidewalk café regulations. FROM MANAGER REDDISH:

13 A report of contract awards in excess of $10,000 for September 2014 was presented for information only. FROM COMMISSIONER WRIGHT: 1. Requested holiday music be played on the fire truck during the Christmas parade. FROM COMMISSIONER GIRTZ: 1. Expressed best wishes to Mayor s Executive Assistant Mae Walter who recently retired and Chief of Police Jack Lumpkin who will be relocating to Savannah, Georgia. 2. Stated the Legislative Review Committee has been discussing panhandling in the downtown area and as a result a consortium is meeting to discuss the issue. FROM COMMISSIONER HEROD: 1. Expressed best wishes to Mae Walter and Jack Lumpkin. 2. Reminded everyone cold weather is coming, bring in the four-legged friends. FROM COMMISSIONER HOARD: 1. Requested consideration of acquisition of anti-littering signage and adoption of a policy for enforcement. Mayor Denson advised she has discussed this with Manager Reddish and he will provide a report. 2. Wished Chief of Police Jack Lumpkin well as he relocates to Savannah, Georgia. FROM COMMISSIONER HAMBY: 1. Reminded citizens applications for various boards, authorities, and commissions are due Friday, November Requested Attorney Berryman provide information on process to expand from three to five the membership on the Board of Assessors. FROM COMMISSIONER BAILEY: 1. Wished Solid Waste Director Jim Corley and Mae Walter well on their retirement and Chief of Police Lumpkin on his relocation to Savannah, Georgia. The meeting adjourned at 8:28 p.m. Clerk of Commission