The TV cameras rolled at the February 6 business session as the Mayor and Commission voted down a proposal to restrict cellular phone use in cars.

"I don't think we've brought the public along on this."

The law, introduced by Commissioner John Barrow, sought to reduce the number of accidents and near-accidents caused by distracted drivers by imposing a $150 fine for using hand-held cellular phones while driving in Athens-Clarke County. Emergency calls using hand-held phones were exempted, as were calls made from cars not in motion.

The Commission heard impassioned testimony from citizens, including a Lawrenceville couple whose two-year-old boy was killed by a cell phone wielding motorist. Commissioner Barrow stressed that the law was not about banning cell phones, but about getting drivers to use relatively inexpensive, hands-free devices for their phones.

"It's as convenient as can be," Barrow said.

The Commissioner cited several studies - some from cell phone manufacturers - backing his position on the potential dangers of using hand-held phones while driving (See City Pages, Jan. 31 at flagpole.com).

The unexpected support of Commissioners Alvin Sheats and Charles Carter gave Barrow's ordinance a 5-5 tie. But Mayor Doc Eldridge voted against it without comment.

The Mayor, who uses his cell phone when he drives, had said previously that he would not back the measure because of its possible effect on businesspeople who work out of their cars, and because there is no data showing how many accidents in Athens-Clarke are caused by cell phone use.

Eldridge never offered statistics to back his position that the law would negatively impact businesspeople. Neither he, nor any of the five Commissioners who voted against the ordinance (Harry Sims, Hugh Logan, Linda Ford, Tom Chasteen and Cardee Kilpatrick), explained why it would be unreasonable to ask those who make a living out of their cars to buy a $30 headset in the interest of public safety.

While it made for good television and catchy above-the-fold headlines, the cell phone decision overshadowed several substantive votes which will likely have a much greater impact on the community.

Charles Carter's amendment to the new Athens-Clarke County development ordinance passed by a 7-3 vote, giving the Commission the power to review "conservation subdivisions" before they may be constructed in the county's AR (Agricultural Residential) zone (See City Pages, Jan. 24).

Commissioners Kilpatrick, Sheats and Ford voted against the change. The three said they would support an action that would send conservation subdivisions before the Planning Commission, and to the Commission only in the event of an appeal. Ford said Carter's proposal would be "going back to our status quo."

"I don't think our design standards are strong enough to keep a cheap subdivision from coming in," Carter said.

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"We think we have design standards," Jordan said, "but they're not good enough for me."
The Commission narrowly approved a list of possible sites for new fire stations in the Five Points and Oglethorpe Avenue areas, and dismissed the concept of a mixed-use station (See City Pages, Jan. 17).

Charles Carter asked that the station sites be removed from the consent agenda for further discussion. He, along with Commissioners Barrow, Jordan and McCarter, voted against moving ahead with the selected sites.

"I would like to see us slow down a little bit, because we're talking about a lot of money," said McCarter. "I don't think we've brought the public along on this."

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UGA Dean of Environmental Design Jack Crowley proposed the mixed-use station, which would have combined a firefighting facility with retail and residential space in a multi-story building financed by a private developer.

Commissioners Barrow, Jordan and McCarter asked that the Commission at least take more time to consider the idea.

"I'm afraid what might be a golden opportunity for us may be getting the bum's rush," Barrow said, pointing out that it is common for urban fire stations to "share a wall with a neighbor."
Commissioners Kilpatrick and Sims expressed doubts.

"It would be a nice concept if was something other than a fire station," said Sims. Both he and Kilpatrick said they worried that a public/private partnership would give the property owner at least partial control of a vital public service.

The Commission rejected pursuing the mixed-use station by a vote of 7-3.

After the crowd cleared the chamber and the television crews packed up for Atlanta, the Commission revisited the question of just when new Commissioners should begin their terms.
Traditionally, new Commissioners take office at the end of the first January business session following the election. The custom had never been officially called into question, but the possibility of a January vote to override the Mayor's veto of the ACC development ordinance brought the issue to light.

In the weeks leading up to the January business session, Carl Jordan argued that the town charter mandates newly-elected Commissioners be seated at the beginning, so that they may vote on new business. Citing the ambiguity of the charter, the Commission disposed of "old business" at a special session, held an hour early, and Jordan and McCarter were sworn in at the start of the regular session.

Jordan and Barrow made two separate motions to change the charter so that new Commissioners would take office at the beginning of the first January meeting following an election. Those motions were defeated, thus allowing ousted and retiring Commissioners to vote in January, prolonging their terms for two agenda cycles after November elections.
Additional charter amendments included reducing the number of days the Mayor has to veto a zoning ordinance from 10 days to three; raising Commission salaries by $5,000 to $15,000; and increasing the Mayor's salary by $25,000 to $45,000.

In other business, the Commission approved a $180,000 subsidy for US Airways Express (See City Pages, Jan. 31); waived charges for leaf and limb drop-off at the county landfill; and denied Sheriff Ira Edwards' request for a salary increase.

TDRs Will Require
A Little More TLC

During one of last year's meetings leading up to the December adoption of Athens-Clarke County's new development ordinance, Commissioner Hugh Logan referred to transferable development rights (TDRs) as "pie in the sky."

Though TDRs are on the books in Georgia and have been a successful "smart growth" tool in many cities, the Commission's approval of Commissioner Ford's "Option A" - permitting development of large, one-unit-per-acre subdivisions in what remains of the county's rural areas - might have made Logan's remark a self-fulfilling prophecy.

TDRs would allow property owners in designated rural "sending zones" to sell development rights to their land while retaining ownership and use. In exchange for their investment, developers would be able to build at higher densities in urban "receiving zones." The Commission removed a TDRs provision from an early draft of the development ordinance because state law calls for government hearings for all density transfers.

Late last year, Commissioners asked Athens' state legislators to push for removal of the hearing requirement in hopes that TDRs can be written into the new development ordinance this spring. Rep. Ralph Hudgens (R-Hull) introduced the amended TDRs bill to the state House on February 8. Athens-Clarke Representatives Louise McBee (D) and Keith Heard (D) have signed on as co-sponsors.

"Believe me, we've given away the candy store."

But rezonings brought about by the ACC development ordinance have called into question the effectiveness of TDRs in Clarke County, no matter what the state legislature does.

While campaigning for the District 6 seat last year, Commissioner Carl Jordan was one of many vocal advocates of TDRs, in tandem with low density rural zoning, to preserve the rural character of Athens' outlying areas. He believes Option A has, for the most part, rendered TDRs moot.

"Now you can say, 'What's the point?' Previously you could say there was a point, and that was to protect green space. But the most you could protect green space now is an acre a unit."

High density rural zoning will increase the cost of TDRs so much that it could actually be cheaper for developers to buy AR-zoned land, then transfer the rights themselves, according to Jordan.

And Option A isn't the only obstacle to a meaningful TDR program, he says, as densities in many of the receiving zones have already increased under the new ordinance.

"The really good places [in receiving zones], we've already re-zoned for that. As the town gets larger, you're going to have more demand for density. But that takes time."

Laurie Fowler is on the staff of the University of Georgia's Institute of Ecology. She agrees that TDRs will be harder to implement now but says they can still offer a viable alternative to developers and landowners.

"I think things are going to have to be changed in order for it to be do-able," Fowler says, "but I think the Commission will be open for changing it if they knew that the concept of TDRs was there."

Fowler also finds reason for optimism in Charles Carter's development ordinance amendment, which requires Commission approval of large "conservation subdivisions." (See “Commish Considers” story above.)

"Certainly I don't want to downplay the mistakes we made and what we gave away. And it's going to be harder, but I still think it's salvageable," Fowler says.

John Barrow, often the Commission's lone champion of TDRs last year, says there are still ways to make them work.

"We've kept alive the possibility of maintaining our inventory of rural space," says Barrow. "So now it's possible basically for us to use development rights to pay people not to develop their land."

Barrow says the Commission could down-zone, or "put strings on," property in receiving zones to make TDRs more attractive.

"It requires more effort, and more political will to do it, but it can be done," though probably not under the current Commission, he acknowledges.
With the present zoning, Carl Jordan says, "Believe me, we've given away the candy store."