City Council - Regular Meeting

Hey, hey, hey. Good evening and welcome to Athens City Council. It is Monday, March 2nd, and we are in regular session tonight. Uh for first order visits tonight, we'll call to order uh and establish a quorum, and all members are present. Let's see. Um we will move to approve the agenda. If I can have a motion,

I move that we approve approve the agenda as uh published this evening. All right. and a second. Second. All right. All in favor? I. All right. Uh, second order of business will be to a dis disposition of the minutes. Uh, if I can have a motion to approve the regular session minutes of February 2nd, 2026. So move. Second. Second. Thank you. All in favor?

All [clears throat] right. Uh, moving into communications tonight. I have one and then we will go down and see if there are any others. Um just another reminder from the community rel community relations commission that there are two open seats on the commission. Um information on applying to that is on the city website and for those who are interested feel free to reach out. Does anyone else have any communications? Member Swain?

Yes. Uh last Thursday and Friday I was in Warren, Ohio uh for a NOEC meeting. Nope. gets together every other month, but also every three years they have a big meeting of all three boards, NOPC, Noek, Inc. and the NOPEC Foundation, where we developed the one and three-year plans and refine those. Uh, out of that meeting, the biggest thing is I'm proud to announce that NOPEC has signed a uh renewed a contract with Next Terra Energy, one of the largest sustainable energy producers in the United States of America for the next nine years. Uh, what does that mean for the citizens of Athens? NOPEC is our gas aggregation company which means we will continue to have sustainable and consistent and resilient energy for a very very long time at a very very good price. So it was nice to walk away from that meeting uh knowing that we uh we're secure for not only the near future but uh to all the university students have graduated we hope in nine years. Any other communications from members of council?

Elected officials.

Thank you, uh, President Prom. Um, we in the administration have started the, uh, effort to enforce the newly passed legislation last year related to vacant property registration. So, um, one of the challenges of of that legislation is deciding what's actually vacant. And so I've already had one council member reach out with a list of of perceived vacant properties and and that's super super helpful. And so I would just ask uh the remainder of the council if you have um properties in your ward um that that constituents have said or or just in general that constituents have said, "Yeah, these are vacant." Um if you could if you could get that information to us, you can send it to the code office and and we'll roll that together and then we'll we'll attempt to get that vacant property registration enforced. Thank you. Right. Uh acting mayor.

Nothing. Thank you, treasure. All right. Moving on then we will start with ordinances for third reading. Uh first is going to be an ordinance authorizing unneeded or obsolete municipal personal property to be sold by internet auction. Um this is a finance committee chair which is me. Uh this is just us approving the uh ability to get rid of unneeded and obsolete equipment in the city and to do so on an internet internet auction and we do this pretty much every year. Um can I have a motion to adopt? So moved. Second. All in favor? I.

Thank you. Uh, the second ordinance tonight is 0826, an ordinance adopting the Athens County multi-jurisdictional hazard mitigation plan for the city of Athens, introduced by member Isherwood. This is a a ordinance that we're required to do. The city of Athens the and the county work together on creating this hazard mitigation plan. It complies with the disaster mitigation act of 2000. It's something we're required to do and the city's put a lot of work into this and so it's something that I move that we pass tonight. Second. All in favor? I.

All right. Uh moving on to ordinances for second reading. I will read the title and ask or check in with members to see if they have any changes or announcements to go with it. Um, ordinance 0926, an ordinance authorizing the surface safety director to advertise and accept bids where necessary and enter into contract for the North Hill Water Project number 39 393 introduced by member Isherwood.

Yeah. And we have an an amendment to propose for this one. We need to add some language um in the title to say an ordinance authorizing service safety director to advertise and accept bids where necessary and enter into contracts for design and construction of the North Hill Water Project number 393 phase one. And in in section one, we need to add um the service safety director is hereby authorized to advertise and accept bids where necessary and enter into contracts with the lowest and best bidder for design and construction of the North Hill Water project number 393, phase one. So we're adding that this is phase one essentially of this project.

Okay. So we would need to make a motion to amend. So moved. Second. Uh all in favor? I and so that is amended and that will be considered read for the first time.

Uh next is ordinance 10-26 an ordinance authorizing the service safety director to enter into an intergovernmental agreement with Athens Township for control and maintenance of Theater Lane. Member Claude Powder. Ordinance 11-26, an ordinance suspending Athens City Code section 7.05.03, continuous parking in the same location from Sunday, December 13th, 2026 through midnight on Sunday, January 10th, 2027, introduced by member Claude Felder. Ordinance 12-26, an ordinance to approve a 2026 employee retirement incentive program introduced by member Thomas. No update. Ordinance 13-26, an ordinance amending Athens City Code, Title 17, Municipal Income Tax, Chapter 17.01 in general sections 17.01.031A definitions and 17.01.096B1 refunds. Uh, introduced by myself. Ordinance 14-26, an ordinance authorizing the adoption of the agreement with the Athens City Firefighters Local 3351 and Ohio Council 8 asked me AFL CIO concerning wages and working conditions and declaring an emergency. Uh, introduced by myself. Ordinance 16-26, an ordinance authorizing the service safety director to close the streets in the uptown area for 2026 special events and to change the requested dates or cancel the events as necessary. Introduced by member Claudefelder.

I would like to talk more about this one, please. Um, this is something that we do every year, uh, like a couple of the other ones that have come up, but some of these, so this is basically for road street closures for, um, uptown festivals and events. Um, I'm feeling a little bit of time pressure because the first of these events that has requested a road closure is going to be held on April 11th. And so I would request that we suspend the rules to consider um handling this quickly tonight. This and two other uh ordinances that are also related to the uptown festivals and events.

Actually going to discuss this then I need to recuse myself. You're actually going to go about that. Yep. Okay. [laughter] All right. Uh member Wood will be recusing himself. I will be recusing myself from discussion and voting and we'll just be remaining in prom and the floor is yours. Okay, we need a second. Oh yes, we we have a second on suspending the rules. It's a moot point because even if all five remaining members vote yes, we only have five votes. Well, two recuse themselves. We have an ethics opinion on that. So long as four would vote in favor, then we would be okay. Okay. Uh all in favor? Well, wait. A second. Oh, we don't have a second. We have a second.

You second. All right. Now, all in favor discussion. Okay. Okay. What? Oh, on the suspension. Sorry. Sorry. No, [laughter] you're good. Uh, what what what would what was the date again? The first of these um community events is April the 11th. It's the International Street Fair. Okay. And I would just like to give the people organizing that event a you know time to plan. We're already just about five weeks out. I don't want them to only have three weeks to know for sure that they can have their event. You don't think they've been planning already? I if I were them, I wouldn't be counting on it till I knew it was approved. Okay.

Anyone else? All right. All in favor of suspending I I four five. All right. Uh, and now I would move to approve ordinance um 01626 to um approve the requested street closures that have been vetted by the city administration and which I read into um I read aloud into the record uh two weeks ago and uh that we have discussed in committee and are considering again this evening. Move. Second.

All right. All in favor? I All right. 16-26 has been adopted. Uh 17-26, an ordinance suspending the enforcement of Athens City Code, Title 13, General Offenses, Chapter 13.04, Offenses against public public peace, section 13.04.10. 10 unnecessary noise in designated areas. Member Claude Felder.

Similar to the last one, um this is an ordinance that despite its sort of ominous wording just means we would let people make noise later on the on the days when there are those events that have requested road closures. So, um because this is also part of have helping to have these festivals and city events happen, I also move that we suspend the rules to um for this uh 0-16-26 ordinance um to wave the noise ordinance and allow people to make noise until midnight on the night of those events. So, move second.

All right. Any discussion? All right. All in favor of the sus of the suspension. I I I Anything else to add? Um I will also move that I also move that we adopt 0-17-26 um to provide a noise waiver sort of um to accompany the previously approved ordinance 0-16-26 to provide the road closures for community festivals and events. So moved. Second. All right. All those in favor.

All right. 18-26 has been adopted. That was 176. 17. Sorry, I'm looking ahead. I think we're going to do something on 18-26, though. I'm just guessing. I have a feeling. [laughter]

18-26, an ordinance suspending the enforcement of Athens City Code Chapter 11.04, 04 vending, pedaling, and soliciting to allow vending and designated event areas introduced by member Cloudfielder. This is the third of the three ordinances [snorts] that go together for community events and festivals um at many, though not all of the events that have requested road closures. They also would like to allow people to vend or to sell their merchandise at the events. Um, if any of you have ever attended the international street fair, you know that international student organizations set up tables and sell food from their countries and and other things that are often really really nice um examples of their cultures. Uh, and many of our community events do similar things. So I am again requesting a suspension of the rules um for ordinance 0-18-26 which involves vending, pedaling and soliciting at these community events and festivals.

So move second. All those in favor of suspension, I I And I would recommend approval, please. So we can wrap up these three and just let all these organizers know they have a green light for their events. So second. All right. All those in favor? I. All right. 18-26 has been adopted. All right. Oh, can someone grab member wood?

Oh, yeah. Let him come back. All right. Moving on to ordinances for first reading. We'll begin with 19-26, an ordinance accepting the petition for annexation of approximately 1.175 acres owned by White Family Athens Property LLC on Theater Lane. Introduced by member Swank.

This is an annex annexation petition request that we've been working on for some months now for the property out on Columbus Road uh where Huite Honda is. As you go past Hu White Honda, you can see that for months, maybe years, they've had to park cars in the grass because their business has been doing so well. This is an opportunity to bring that property into the city, which they can then expand their dealership out that way. Um, that's basically what this is. All right. Any discussion? Uh, administration. All right. Moving on to the public.

What's that? Oh, sorry. Members of the public. Eventually, I'll get used to this role. All right. Seeing none, we will move on to ordinance 20-26. Uh, ordinance 20-26, an ordinance designating the zone for the White Family Athens Property LLC annexation area along Theater Lane, introduced by member Swank. Assuming that 1926 passes a third reading, uh we will also need to designate what zone this new property would be in. Currently, it's B3. It just makes sense for the new annex property to also be designated B3. So 2026 simply uh gives a designation to this new annexed part of the uh the property. That's what that one is. All right.

Any questions or discussion? Mayor's administration uh audience. All right. Uh moving on to 0-21-26. Uh an ordinance reszoning 3.4773 acres on Dair Lane from an educational zone to a highdensity resident residential R3 zone introduced by member Swank.

If you go out Dair Lane, you'll eventually get to uh three buildings out there. One is the CLIM house which is a recovery house. The next building is the dairy barn which was an actual working dairy barn for the old um Athens Mental Health Center. And the next building uh houses the 317 uh board offices and such. This is a request uh to reszone that property just past that from an educational nature E1 to an R3 which is multi-family um setting uh to be used for housing. Uh hopefully in the future if grants and everything come through. Uh Diane, I don't want to put you on the the spot, but I feel a whole lot more confident you sharing with the community what this is all about. Unless you want to send up my friend Mr. Mott there who's on the aisle. I have been designated good evening. Give me just a second here. If we don't do it first, I'll forget. Thank you. Um there's um an obvious shortage of housing in well everywhere. Uh Athens is no exception. Um, and in particular, there's a shortage of housing for uh clients who typically be served by the 317 board, those with mental health uh or substance abuse issues. Um, virtually always that requires lowincome housing. This is specially tailored to provide stable housing for those people. It's no treatment. It's just housing. This is for people who are capable of living on their own. They're at a point uh with whatever their challenges are that they're able to live on their own. I do have an important update to provide. Uh, as this body is well aware, we were on the fast track and then the slow track and then the fast track and then the slow track. Well, I don't know if I can

say we're on a specific track other than we're back on track. [laughter] Uh, the grand plan is, I believe it's 15 units, 15 units um, plus a community room on this property. uh that would that was dependent on uh some OFA funding uh that they accelerated their timeline by a year and the 317 board could not get everything lined up to pursue that. However, the 317 board has about $2 million in other funding that's still available to it right now and has decided it is going to build what it can with that and then look forward to the future as the future comes around. Can't say how many units it's going to be yet. that's still out to the architects to talk through, but there's going to be something coming sooner rather than later.

Thank you. If you'd pause for just a moment, one thing I'll add then perhaps members of council, and I'm not trying to overstep here, President Thomas. Um, one of the things that was very attractive about this project to me is its location relative to the 317 board, its offices, its officers, its staff, and also very, very near the Clim House, which has been in existence for 25, 30 years. Diane, 15. 15. Okay. I'll give you a while.

Yeah. A while. but uh quite some time and has an impeccable record of of serving not only uh the clients but also the community and I fully expect that when this project has a shovel in the ground and is completed we'll be able to provide the same sort of services and as Mr. Mott said we are in need of all types of housing and this would provide beds for up to 15 people permanent beds with a roof and so on and so forth. Thank you. Any other discussion from members of council? Member quadpowder.

Um, one thing that I really like about this proposal is, um, not only is it near, um, in some respects sources of supervision like the 317 board and the CLM house, which I think is great, but um, when there have been proposals for housing previously in town, there have been some people that didn't want, uh, housing situations like this located in residential areas. And it's worth pointing out that there are no houses on that on Dairy Lane on that section of Dair Lane. It's all um recovery houses. It's it's the 317 board. It's the dairy barn. And so uh in that respect, this is an excellent location for um for such a well-intended in uh institutional setting.

Yes. And in that regard, 317 board has more flexibility than some of the other applicants you've seen over the past couple of years. uh they were pursuing LITC awards. Um and those receive a weighted grade based on which census track they're located in with certain ones scoring higher than others. If they want the award, they basically have to be in the highest scoring tract. This is not LITC. Uh so census tracks have no meaning. 317 board can put it wherever they think is appropriate. And uh given the availability of land, still working on getting everything through the state. Uh given [snorts] the availability of land and the proximity to 317 board's existing facilities, uh this is an ideal spot for what they want to do.

Spike, um Clerk Thomas or Clerk Walker, we have to do a hearing, right? Or do we since we're since we are requesting a zoning change? Um at this point in time, we would need to do that 30 days out. Have we set a date yet for a hearing? [clears throat] Oh, yeah. That's March 16th. Okay. in two weeks. Very good. Yeah, I missed that in there. Very good. Any other questions for uh Mr. Mott? Any other discussions? All right. Thank you. Thank you. Thank you, sir. Anything else on this one? No, sir. No, ma'am.

All right. Uh, ordinance dash or 0-22-26, an ordinance authorizing the service safety director to execute a perpetual easement and ingress and egress for the university estates water tower and vacation of a 20ft ingress egress easement with Atlas Ventures LLC introduced by member Isherwood.

Uh, yeah. So, this is we talked about this in committee uh last week. This is essentially the city needs to change the access point to a water tower. Uh and this is essentially approving the agreement that the city has already entered into with the owner of the land uh which is um Atlas Ventures LLC and um yeah I move that we move forward and allow this to move forward. Second. Any other discussion or questions or this is just first reading? Just first reading. Okay. Habits. Yeah. To clarify. Yeah.

We we haven't already entered in the agreement as I need your permission to the agreement. So we we've worked it out. We haven't signed anything [laughter] because I can't do it until you approve. And the agreement's in the packet if you want to read and check through it and it's all

good clarification. Anything else? Oh, members of the public. Moving on to 23-26, an ordinance amending ordinance 14-25 authorizing the annual purchase of water softening salt for the water treatment plant introduced by member uh Wood or Isherwood. Uh this is um just for auditing purposes is amending a uh ordinance that authorized the purchase of water softening salt last year to reflect the actual amount spent. Any questions from council, administration, treasurer, uh public. All right. Seeing none, we'll move on to Ordinance 23

24-26. Uh this is an ordinance authorizing the creation of the property assessed clean energy pace fund and declaring an emergency uh introduced by myself and I will need to ask for a suspension on this ordinance. So moved. And can I have a second? Second. and discussion on this the suspension. We I take excuse me I take it we're under a timeline to get this done. Yeah. The state takes 30 days. So the sooner they can get it to the state as we know how quickly they move. Uh any other questions on the suspension uh all in favor?

I uh we talked about this in committee. This is creating a custodial fund as required by the Ohio resi re Ohio Ohio revised code to accept monies from the lowest building on their pace energy um funding that they received. It comes to they pay their property tax assessment to the county. The county will then send the money to the city. The city will then send the money through this this custodial fund to the financer of their energy um uh upgrades and improvements that they've made. This is just essentially a pass through from property owner to county to city to financer in a very long strand. Uh any questions from council administration?

Just to reiterate, other property owners can do this. This is not unique to LoRa. It's just they were the ones that happen to to ask to utilize this and we'd recommend that anyone considering energy efficiency upgrades look at PACE financing as a as an opportunity to to you know figure out a way to to do it and lessen their cost. Yeah, that's a good reminder and they can just they can contact the board that was formed for the ESID to do that. Uh anything and anything from the public? Oh, on the suspension or on the but aren't you adopting? We do. Yeah. Uh so I need a motion to approve 24-26. So moved. Second. All those in favor? I

I and 24-26 has been approved.

Let's see. Ordinance 25-26, an ordinance reinstating Title 15 taxes and declaring an emergency. Also introduced by me. Uh this is reinstating, as we talked about in uh committee last week, Title 15. We incorrectly repealed it thinking that Title 17 covered all the same things and would replace it. Uh, in reality, we need both as there are some things in title 15 that are not included in title 17 and primarily that any taxes that would need to be addressed for income tax with the city prior to 2016. Um, we can't do if we don't have title 15 in the books in the order to as we are in tax season. Also, I've been asked to ask for a suspension on this one also.

So moved. Second. Uh, all those in favor of suspension. Any discussion? I guess I All right. And [snorts] then can I have an a motion to approve 25-26? So moved. Second. All right. And any questions or anything from council? All right. All those in favor?

Sorry, forgot to ask the administration. Get my round robin here. Anything from the public? All right. A little behind the fact there. All right. Ordinance for uh 26-26, an ordinance approving the then and now certificates for payment and declaring an emergency. Introduced by myself. And this is another one that I will need to ask for a suspension on as we do every time we have a then now certificate. Um, so first I would uh ask for a motion to suspend. So moved.

Oh, I'm sorry. Yeah, I need to do that first. Okay. First I need to move to amend this

to add one more so that we can maybe not have to do a then and now next week. [laughter] We'll see. Um, so do I need to resend anything to reserve? All right. I just need to move to amend to add another then now to Lostro Ventures LLC uh in the amount of $63,28 and this is vault infill and sidewalk which if we go back to [clears throat] when they were doing work on the sidewalk in the building and they had to do basement work and tunnel work near the building and we needed city tunnel work done. Uh they had the same contractor, so they did the work and we were just reimbursing them for our share of tunnel work that we would have had to have done anyway and saved some time and money by doing it while the street was already opened up. Um are there any questions or need a second?

Can I have a second on the amendment? Second. And can I have a motion to approve? No. No. Just approve the amendment. Just approve the amendment. Oh, that's my motion to approve the amendment. Yeah. Oh, we already had the motion. Second. Take the [laughter] uh can I have a uh All those in favor of amending [clears throat] 26. I I [laughter] Anyone opposed? You say was that a nay for

Yeah. Okay. All right. So, that has been amended. Now, we need to have a motion for suspension. So, moved. Second. All right. Any discussion on the suspension? Yeah. Member Swank. Um, considering we're on record pace tonight for getting out of here before 11 o'clock, uh, I'm not going to go through these one by one, but I do have a question about the Rumkey uh, uh, payment of $165,377.97. Um, we have a three and a half year contract with Rumkey, correct?

And I don't know how they bill us, either monthly or quarterly or semianually. I doubt if they bill it once a year. I don't think they could float the cash for that long, but I'm just curious as to why we have uh the need for this this evening. I can speak to it, please. You looking at me? Who? The auditor's not here, so it's either you or Josh.

I mean, basically, so when you do it then and now, this was a this is actually easy because this is the one that I found that this is what it is. It's a bill that comes, okay? But the the date of the bill, we'd haven't we didn't have a purchase order in place before the date of the bill. So, let's say the bill came on January 30th, but we didn't have a purchase order in place for that. Then we have to have a then certificate that says this was a previous an expense that came before that. And again, we have to do it within 30 days. So, that's basically why we have to, you know, get this done soon because this is a bill that has actually been paid. like we paid Rumkey already, but we have to have the certificate on file for the state auditor within 30 days of paying it.

And to follow up, we can't do a purchase order because there's a period of time when they close the books before they reopen the books that you can't just our system doesn't allow us to encumber funds, right? Because they need to go and compute what's been spent. So like what happens is bills come during that period of time. It's not that the the contract hadn't been authorized and the money hadn't been appropriated because you appropriated it with the annual with the annual budget. It's just that we just can't do a purchase order because the system isn't open yet and and like you know the the auditor's office can't just turn it like in a day right from December 31st to January 1st.

I think it was like January 20th or so that people could start creating the purchase orders for this year. So any bill that with that if it arrived on the 19th if they did the 19th then we have to make sure this gets in place. So this is just paperwork for something we've already done.

Pretty much. The the the second part of this question though is we have already had more then and now certificate requests this year on the second day of March than we had the entire year last year which begs the question what has changed? Uh just what I said, the date of when we got the I think last year we were a little quicker getting the purchase orders in that people could start placing purchase orders. If I had to guess, I think I'm right on that that I think last year we were a little bit earlier. This year it took us a little bit longer to close up 2025 and to get the budget [snorts] loaded up into 2026. Once that budget budget got loaded up, then people could start doing the purchase orders. But last year, I think we were a little faster doing it. So that way, you know, last year if we had the budget in place and people could start putting in their purchase orders on the 15th and this roughy bill came on the 17th, we're good. We wouldn't have to worry about it.

Guess the third part is on more than one occasion, you've shared with us there'll be more next week, right? Is this it? I think we're pretty close. That's why again that's why member Thomas is saying we wouldn't try and squid this lost one that came into so we don't have to do another work here. That makes sense. Try to get it in there and that way we don't have another one coming up. you should be getting close. Now, again, it can still happen throughout the year. You know, sometimes just some things like that happen. You know, somebody a purchase order gets missed or something gets, you know, and then you have to do it. Um, and again, this is the way this is the state's way of checking up on us to make sure we're not just spending money without having a purchase order in place. No, understood. It's just the the overwhelming number of these and the optics. Sure. They just aren't that good.

Right. Right. Again, it's all about in my opinion, it's all about the timing of of how the year starts. you know, if you can't start your if we could start the year as Drugger and Stone said on on January 1st, everybody put putting in their purchase orders, we wouldn't have this problem at all. You know, everything would be there. But that's just not the way it works. Unfortunately, not for anybody, you know, and that's why the state set up the system basically. Okay. Wood.

Yeah. I guess um to keep backing on Alan's concerns in general, um I assuming these are all pre-approved projects and the like, it does seem like the just a massive amount of money to go out on uh little information. I mean, we've [clears throat] probably already approved all these. I don't know what the sun's construction item is. Um, I Allan was saying pre preconsil that, you know, we [clears throat] have a three-year contract with Rumkey, so there should be some sort of predictable numbers with it. Um, it just feels like a lot of money to approve. Again, I guess uh maybe it's all innocuous and everything. It just does feel like a lot of uh over over 250,000 just eyeballing it.

Oh my. You've been hacked. I don't know what that too many certificates. [laughter] I don't know issuing my bump. I don't know how to turn the volume down. [laughter] Not a not a PC. Maybe we just [laughter] Maybe maybe Ryan will come help you. Definitely having a problem. Um, so while we're we're addressing whatever that sound is, um, most of these are just normal bills that we have. Um, is that the monthly rumpy?

It's truly a thing. I mean, you approve the expenditure and the appropriation already. I mean, this is a great example, right? That's that's flow through money that the authorization and appropriation happened last year. But because you can't encumber money that that is never coming into the city coffers and then subsequently uh goes out that it's paid directly by the the state agency. Um when the budget closes um you know it it it resets, right? And so I mean this is an example of that. So, I I really think that um it's really just a function of what what shows up in those three weeks or so um from December 31st through through when we get the new budget open and are able to actually encumber the funds. And and you know, to be clear, uh and to follow up on the treasur's point, you've appropriated and authorized this money. You just it's then it's a it's a it's a third and fourth check to make sure that uh things are being expended correctly that the state requires.

Yeah. and we were about a I don't know a week or so late closing January because we were waiting to further discuss um allowing the auditor to reduce appropriations because that had to happen in January before they could close their books to make sure that the revenue and the expenses were not inadequately balanced um just as a requirement for the auditor's office. So that pushed everything back by about a week. So, had we been a week earlier, we may not have had a few of these. Um, I feel like it's probably around the same number as last year. It just feels like a lot more, though. I think they did a count and thought it was similar, but yeah. Any other questions?

No. All right. So, where are we? We've approved the suspension. No, not yet. All right. Uh, can we vote? All in favor on suspending. I Okay. And can I have a motion to adopt 26-26? So moved. Second. All right. And all those in favor? I.

All right. Motion 20. Ordinance 26-26 has been suspended and adopted. All right. Ordinance 27-26, an ordinance authorizing the extension of city water service and installation of a water tap beyond the corporate limits to 8666 Rock Ripple Road introduced by council member Isherwood.

This is a request that came from a property owner outside the city limits. This is something that is allowed for by higher revised code and they've requested that the city provide uh water service to them at the address of 866 Rock Ripple Road and that the city has a operates a water line adjacent to the property. There isn't another existing water line or service available from a rural water system and that um this is something that we periodically do and we'll give this property owner access to our water system. I'm not really sure to add to that. Yeah.

Any questions from members of council? You have any comments from the administration?

You know, the only comment that I would have is this is a requirement that that a legislature approves extra territorial service when it when a request comes. Um, in this particular situation, um, we don't overlap with the rural water district. Um, the rural water district stops before we get to this property and there's other properties that are in the immediate vicinity that are already on Athens city water. That said, this particular property owner recently purchased a significant amount of land there. And you know, in the future, if they were to do any more extensive development other than just this one house, um I think I would come back to you and recommend annexation uh for that because typically we, you know, want annexation when people get access to city water and sewer uh utilities. Right now there's no sewer out there. However, uh you did approve um back when we approved the Simpson Avenue bridge project uh the ability for us to push water and sewer services across the bridge. And so we're poised to be able to expand and annex um you know, functionally Bong Hill, right, and the large parcels that are around that. But at this point, this is just one house that the the um and and you couldn't expand the tap beyond that um and and the service beyond that. So this is just really to to to serve that one house. Uh, any questions from the public? Anything else from council? All right, moving on to 28-26, an ordinance grading granting a special right-of-way use permit at 32 West Carpenter Street, Mount Zion Baptist Church to place an elevator vestibule in the city's rightofway along North Congress Street. introduced by member Swank.

Uh last year uh we had a request or maybe it was the year before from Mount Zion Baptist Church which is located the corner of Carpenter and uh Congress kind of caddyy corner from bronies to give you an idea of the place we're talking about. And the request uh the prior request was for a cutout so that when cars came up carpenter made a right on Congress, they could kind of pull in kind of like you have in front of the Methodist church up on College Street to drop passengers off. Uh the request before us today is for use of the city rightway. Uh members of council have a diagram in front of them. Uh down in the bottom right hand corner it says SK-3. And what this is showing is first of all the the purpose of the request for use of the city rightway um 6.2 um 6.2 uh feet into the city rightway is to install a vestibule a vestibule which is 6'2 in on one side and 6' 10 in on the other. And the reason it's that size is that is the size it needs to be for a wheelchair to enter the vestibule and be able to ne navigate from pointing one direction to another to be ADA compliant. But the real purpose of the vestibule is once you get into that vestibule that will give you access to an elevator that will get you into the building. Uh this is a very very old building and when you enter the building from that side uh you need to go downstairs to the restrooms and upstairs to the sanctuary. Consequently the need uh for an elevator. The original plan was to simply have the elevator on the outside of the church with the doors opening to the west and therefore [snorts] uh opened to the elements. In talking with the elevator company, uh they found that that's not a viable place to put an elevator, not in that specific location,

but open to the elements with wind and rain and snow and ice and maybe sometimes salt coming up from the street. Uh those elevators are being uh serviced every four, six, eight months. But uh you just don't pick up the phone and call a tow truck to come out and fix your elevator in 10 minutes. you have to contact an elevator company and there may be some lag time before they can get there. Essentially rendering entrance to that building inaccessible those who need uh a wheelchair or excuse me need a an elevator those who might be in a wheelchair or have other ambulatory uh issues. Hence the request for the vestibule. That way the entrance the door to the elevator will be completely enclosed and someone can enter the vestibule. The door closes. Get on the elevator and either go down or up. This uh this vestibule will extend 6.2 ft into the city rideway. And at the bottom there, you see where the words say drop off area, ACA parking. Assume that that green line that kind of goes left to right is the vestibule. Even though it's not that big, not nearly that big. The distance between that and the curb will be 4.1 ft. 4 feet 1 inch. My first question was, will that comply with ADA standards? In other words, could someone in a wheelchair be able to pass that distance? Uh, yes, it does. ADA requirements are 36 in 3 ft, which would leave a full 13 in of additional space because it's only 6' 10 in long that you would have that narrow place. We're okay by ADA standards. ADA standard says if you have a narrow place like that, you have to have what I'm calling cut offs or turn offs every 200 feet. Well, we're only talking about 6' 10 in. So, this is a uh an extension into the uh the city right away. Now, what obviously came up

was couple points. We've never done this before. Well, there's a lot of things in this world we've never done before. Prior to December 1903, man had never flown, but the Wright brothers did it for 12 seconds at Kittyhawk, North Carolina. [snorts] The mayor and I got together and to try to decide how can we make this so that we're might we're not really setting a universal president and we both settled on the following. This is in direct relationship to an ADA issue. Take for example um oh my wife's favorite place on Court Street for sandwiches. They live down on Morris Avenue or not Morris Avenue on May Avenue. What's the name of the place?

Kaiser. Not Not Brennan's. Kaiser. No, it's on the other side of the street from your place. Village Bakery. Bagel Street Deli. Bagel Street. [laughter] Too many bees. We're all over the city on that. Yeah. No, no offense to Brennan. Led his churches in King.

Yeah. But but let's say that let's say you're in a wheelchair and you want to go to Brennan's. You can wheel right in the front door. It's all on one floor. The restrooms are right there. The tables and seating are there. There would be no reason for for a um a place such as uh bagel street deli to ask for 6 feet 2 in into the city right away because it's not ADA tied. And the mayor and I talked about this and that seemed to make a lot of sense. Um the black the the Mount Zion Black Cultural Center uh is working very very hard uh to help preserve and promote a port of history in Athens that uh often is forgotten and many don't know about. So, personally, I'm not real worried about precedent because I think with the ADA tie-in, uh, we can address that. But, you know what? Something may come down the road and we'll evaluate that on its merits. But that's essentially what this is, a vestibule to protect the elevator door so an elevator is operable so that people who need the elevator can get into the building. I'm sorry for the

long explanation, [laughter] but a lot of this I just found out about an hour and a half before a council tonight. Yeah, this is a good uh visual, too. Uh any member clubber? I'm curious. Um I suspect I know the current answer looking at this blueprint, but are there any plans to make it possible for people to go anywhere other than the elevator from the vestibule? No, ma'am. or to be able to exit the building or like exit into the vestibule from any other place in the building. As the architect explained to me that this vestibule was solely to service the elevator. Okay. Any other questions from council member Wood?

Yeah. Um I I really don't love this project. Uh, it's probably the one of the votes that I really regret. I thought that the cutout was going to be on Carpenter in the first place, not on Congress. And that Congress section has been a total snarl. I live right up the street, so I go down it all the time. Um, I've had three near accidents. One actual where I crashed my bike and almost got hit by a car. Uh, and other people have talked about it too. Um, I just snarled. I really want the project to succeed. I' I've donated to it. I've donated money to the to the project. Um I believe in it. Friends are on the board. I just hate how snarled that part of Congress has become and sending more people up that hill where they then come to an even more narrow section or go down for are just more narrow, snarled segments anyway. It's already too thin. um taking away more sidewalk and encouraging people to I I take it from the parking that we're encouraging people to park there um for longer than loading and unloading.

No, just just a drop off kind of like the Methodist church on uh College Street. Yeah. Either way, I mean, I really wish it was on Carpenter. I don't [laughter] you know, and obviously I care about the mobility issues a lot. uh you know I' I've and I and I want the the project to succeed. I I do. Um and so I really it's kind of that that I wish it would be possible to put it on Carpenter in some way or even on the side street ahead. I don't know um if there's room for conversation or going to visit. So just to to clarify, yeah,

we already approved the drop off last year. So that's approved and done and I believe the elevator shaft is already in place. Yes. Mhm. Yeah. Okay. Like this was not realized until recently that this was going to be a weather issue for the elevator. Yeah. And that's what I meant about regretting the vote. Yeah, I'm aware [laughter] that we that we approved the cutout that I am saying that I that I just sharing. Yeah.

Well, it just it just like it seem it's bad. It it feels like a compounding something that's already been bad to make it worse. Uh that's just been a nasty spot for the last year. And it it feels like we're adding more visibility issues. Part of the issue is that when you come around that corner, you just can't [clears throat] see anything coming. So cars have to like guess if you're there, which is how I ended up, you know, nose nose with a car uh and on the ground. Um, so that's my that's my like personal interaction with it has been really bad. Uh, and so that's my world. That's my neighborhood. Um, I don't know. I it it would just be great to have some I guess we can't rect on it. Uh Andy Stone would say, "I suppose we could have them tear it out." yada yada yada to stare steal that line. Um right, like that's obviously not going to happen. I just uh wish it be possible to do something different [clears throat] or Yeah.

Members, could I go over to the

Mhm. Michael and I've had uh lots of conversations about this and I think this is an opportunity for council people to work together. This is North Congress Street right here. This area right here. Uh last week and maybe other times the construction trucks were parking right here which is yellow zone. So the people coming down this street and people coming in this street were coming head on. What if one thing one we can force the yellow zone? I don't care if we told them force the yellow zone and possibly extend the yellow zone up further this way on Congress thereby opening up this potential bottleneck.

Yeah. I'm asking member Wood's a discussion possibility. I I believe it already does extend up to that. Um and the other the other fun little thing is they have the banners on the fence there and you just can't see at all with the banners on the fence. So, you know, um construction banners. Yeah. Yeah. Yeah. No, I'm talking long term once once the thing's done.

Yes. I think it already is. I think that whole section already was yellow and they [clears throat] they're parking on both sides of the street. They're parking on the curb on the other side. Um, I know you've called park enforcement. I've called park enforcement. Um, yeah. Uh, so it's um, yeah, I I don't want to stand in the way of it at the at the like if it has already been built, we're kind of already committed, I guess. Um, I don't know. Not not happy about it. Any other comments from members of council the administration? Oh

and not to discount the near-death experience that you had never would at all. So but I I think this is a case of not letting the perfect be the enemy of the good. I mean this is obviously not the ideal way this we they found about this after the fact.

You don't want this building to not be ADA compliant at all. So, and I understand the the concern about making that area um less less safe for the people who are using it. But perhaps over time we could revisit this and and and examine things traffic mitigation measures that could be put in place there. We could once the project is completed and to have a sense of what what other things that we could do to make that junction safer for for pedestrians, cyclists and motorists. But I don't think it's reason to not move forward with this at this point.

Comments from the administration.

I'll share that as president facilitating um the chair our committee meetings. I did check in with the mayor last week and ask if he had any reservations about this and he had none at the time. Um, this supports the accessibility goals that have been expressed as well as our uh goal in our comprehensive plan to support Mount Zion. And I think this is worth pursuing. Um, I would ask if member if not member Stone if director Stone has any comment on the um frequency or severity of uh accidents in this area or anything to respond to member Wood's concerns. Yeah, I I [clears throat] don't have any particular data on crashes or anything of of that note. Um, I would say that I cannot remember a time that we've permitted a structure to be on the public rideway like in specifically a fe simple public rideway, not just an easement, but a fe simple public rideway. um since we've had since I've worked for the city so in recent decades. I mean I know there are a couple places [clears throat] from from you know 50 60 70 years ago where you know rightaways weren't fully understood and there may be an encroachment but um since I've worked for the city I don't know of a time that this council has permitted under title 49 or its precursor which was the revocable license mechanism a portion of a building to be built in the public graduate. Typically what title 49 or or the precursor to title 49 or vocal license program was used for was things like signs, fences, parking, that sort of thing. Um it would be atypical if you were um financing um a building with a bank loan that was mortgaged. You know, a bank would not allow you to to to to build property to build a portion of your building off of your parcel and and and continue to mortgage things. So, this is kind of unique in that regard. Um, that said, it's it's extremely atypical. Um, you know, certainly the council can do can do what it likes. Um,

but, uh, this is just not something that we've that I've ever seen before. So, uh, members of the public, any questions, concerns? Go ahead and please come to the state podium and give your name and address and if you're representing yourself or a group.

Um, I'm Susan Riggy. RI G hi. Um, I live on Strads Run Road and I'm the chair of the building committee in Mount Zion. And I'd like to address m some of Mr. Wood's concerns and that of other people here. Um, interesting that you made the point about the signage on the um, fence. So, I will talk to Wolf Creek and find out if that signage can be moved farther down away from the corner so people can see more easily around the corner. Um, so even though I'm there so often, I can't actually picture the sign and how much open space there is on the fence, but that seems like it could be done pretty easily. Um, from the south wall of the vestibule to the beginning of the sidewalk on Carpenter is 51 ft, 52 feet. Um, so it seems like it should be fairly easy for people to have enough line of sight if they're coming around the corner. But, um, you know, I'm not the expert. And, um, what else did I want to say about that? There is no parking on the south side of Congress and there is a yellow zone on the north side of Congress that goes um currently not quite as far as where the vestibule would be I think. So that's something you know that you can have the city look into in terms of that yellow parking zone on the west side across from where Mount Zion is. But there is no parking on the Mount Zion side during this construction. You know, Mr. Swank called me to talk with the [clears throat] construction company to not park over there because of the problem you're describing. Once the building is operational and people are using that elevator,

construction is going to be done, you know, so the complicating factor of the construction vehicles won't be an issue. And then [snorts] I also met with people from the disability commission this weekend. This is something that I hadn't been made aware of and it just came to their attention recently. So um their interest was maximizing the benefit of this whole setup um to um serve as many people as possible in many situations as possible. So, I'm going to be taking back to the architect that works on our project question about the drop off um because they recommended curb ramps and a longer drop off to accommodate a van that would have a rear wheelchair lift. And you know, I don't have drawings available yet because this all just came up when I met with them on Saturday. So, I'm just kind of giving you a heads up about that. Any questions? Thanks. Any other questions or comments from the public? Anything else? All right, that ends our readings for the night. We do have some announcements and other business and we have some confirmations to some commissions from the mayor's office. Um, we have uh appointments to the disabilities commission, the shade tree commission, and the board of zoning appeals. See, start up here. First, we have Do we need to do these all separate or can we approve these all at once after separate?

Okay. What you mean as far as disabilities for one shade, another? Yeah. Okay. Each one.

So, appointments to the disabilities commission. The mayor has sent forward some members here. Uh Katherine Franklin, Gabe Sto, and I'm missing one and reappointing Joe Bumfield. Thank you. Can I have a motion to approve the appointments to the disabilities commission? So moved. Second. Uh all those in favor.

Uh we need to confirm the mayor's appointment to the shade tree commission and he has uh moved to appoint Sam is Corey to the Shay Tree Commission. Um can I have a motion to approve? So move. Uh second second. All those in favor? I right. And last we have a motion to approve the mayor's appointment as an alternate to the board of zoning appeal appeals. Uh Paul Hillyard. So move. Second. All those in favor? I Okay, that completes the business. Do we have any other announcements? Me?

Just other business. Um just was curious, do we have an update on the um liquor permit request um that we talked about last week? Yes, I uh I did reach out to uh Station Street Apartments on Tuesday and I spoke with the manager as well as one um another person had reached out after probably the next day who is works for Station Street as well as lives in the apartments and both of them um were very positive and supportive of the liquor permit requests. for Bobcats at 14 Station Street. So, I don't have any concerns

even though this isn't under planning planning and development tonight. Uh liquor permits do fall under that and um Megan is a member of that commission. So, or committee, I'm sorry. Uh based on what I heard, um any other members of council have any concerns as for a hearing? If not, we can sign off and move on. No concerns. Okay, great. Thanks, Megan. Thank you.

All right. Thank you, Member Swank. And moving on, we can move to an opportunity for citizens to speak on legislative items and city services not covered on the agenda. Uh, anyone wishing to speak can come to the podium, uh, give their name, address, and if they're speaking for themselves or representing a group, and they will have three minutes to speak. Hello. Uh my name is Grayson Schultz. I I live at 55 Central Avenue. Um and I'm speaking on behalf of myself and a couple of other uh individuals covered by the City Insurance Plan, EBSC. Um I have a short version of the speech which I will read. I have an anxiety disorder so I may not hit the three minutes. If you guys can give me the 30 seconds or extra minute, that would be great. I've also printed out a longer version of my speech that goes into much more detail about the harrowing journey I have had on the city insurance plan. I have lived in Athens since the fall of 2021. My husband is a city employee of over a decade and I am covered as I mentioned under EBSC, the employee benefits service center or the administrative company that runs our self-funded uh city insurance plan. I also have a rare autoinflammatory condition that has a documented 20% risk of potentially fatal complications if inflammation is not controlled within my body. Um, I currently have inflammation in my eyes right now, which is also making it hard to read. So, I apologize about that. Um, this this treatment is not optional. It prevents permanent damage like blindness. If my inflammation doesn't go down in my eyes, I could go blind. It also prevents me from dying, which I like living, so I appreciate. Um, when I joined the city's

insurance plan in 2023, I was told biologic treatments, treatments that that are usually injections like for this rare disease, were essentially not covered because they cost too much and they would cause our premiums to go up exponentially. I was directed to rely on manufacturer assistance, but only after EBSC delayed this decision and conversation four months. I went without medication for a disease that can be fatal. When that assistance ended in 2024 and I had switched to a different medication, I worked with HR to secure coverage under the city plan. And what began in 2025 was a year from hell. Approvals for this medication were issued then reversed. my provider, the specialty pharmacy, and even Truscripts, the pharmacy benefit manager that works with EBSC, that is a city vendor, um, could not reach EBSC and coordinate anything. As my rheumatologist put in her officially documented notes on July 11th, quote, "This is a documentation of the fact that this company is obstructionist and unethical. This company has made it almost impossible for him to get the FDA approved medication for this disease. In 2025, I did not receive my first dose of medication until May 9th. And even then, that was after I spent more than 80 hours throughout the year coordinating calls between EBSC and True Scripts and the specialty pharmacy and my provider and city HR. um all while ma managing very active disease, very worsening health issues, and working full-time. Treatment resumed briefly, stalled again, and then uh reinstated, restarted uh in October. And then on December 31st at 300 p.m. maybe two business hours left in the year. I received a phone call from True Scripts notifying me that two of the three FDA approved treatments

for my rare disease, again, the treatments that keep me alive, um would be excluded from our plan's coverage effective January 1st, pushing me essentially back on to the third of the three medications, which is a daily shot that I had been on for almost a decade and had become less effective for me. This has result in permanent damage. Um, in December, I had to go to urgent care after a week and a half of horrible spinal pain. Imaging showed new spinal damage consistent with prolonged uncontrolled inflammation. I went from hiking in Acadia in Maine in 2024 to purchasing a wheelchair at the beginning of this year because of my unpredictable and worsening mobility. the financial impact in 2025 alone, lost work time, the time I spent calling EBSC and True Scripts and HR and everybody else doing everybody else's jobs for them, crying on the phone with them, begging for somebody to do something. Uh was $38,550. That is about what my husband makes working for the city. It essentially negated one of our incomes. Um, this does not include future medical costs from the spinal damage, the changes to my body, or the changes we will need to make to our two-story home as my mobility continues to worsen. And this is not isolated. HR has spent significant time this year addressing insurance failures affecting multiple families. Upcoming changes will remove spouses who have access to employer coverage from their own employers um, from having access to the city insurance plan. One affected couple faces losing 25% of the spouse's income uh due to medical costs unless they reduce to part-time at their place of work and forfeit access to benefits which would

affect not just their household but staffing and services at the local nonprofit that they work at trying to make sure that people can get the care they need. Another family had a spouse scheduled for surgery to preserve his sight at the beginning of the year. one in a series of several surgeries. The day before surgery, they were told the surgery would not be covered.

Uh although that was later corrected, surgeons have to move on. They have to reschedule appointments, his surgery was bumped out by several weeks, and we have no idea what that's going to do to his potential to preserve his long-term vision. This harm is all preventable. All of it. Um, council, why I'm here. You approve EBSC every December as the city's benefit administrative vendor. It's something you generally just do like motion to do this. So, so seconded, we're approved, right? I need that to not be the case this year. I need approval of vendors to come with scrutiny, with accountability, especially after this year. I am asking council to exercise some sort of oversight, figure out how to do that, review vendor performance, and work to ensure that the city's health benefits are administered in a way that is safe, stable, and accountable so that no employee or dependent dependent is cut off from essential life preserving care. Thanks.

I don't know what I do. Do I just stand here now? Um, well, this is for you guys. There's just one copy of a longer written statement and then a 10-page timeline that goes through everything that has happened with me uh with EBSC since I joined in 2023, including rampant transphobia. Um, yeah. So, thanks. Thank you. We have any other members of the public that would like to speak? All right. Uh, can I have a motion to adjourn? So move. Second. All in favor? All right. Thank you.