Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

AUGUST 3, 2004



The regularly monthly night meeting of the Council of Columbus, Georgia was

called to order at 5: 30 P.M., Tuesday, August 3, 2004, on the Plaza Level of

the Government Center, Columbus, Georgia. Honorable Robert S. Poydasheff, Mayor

and Honorable Charles E. McDaniel, Senior Councilor, presiding.



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PRESENT: Present other than Mayor Poydasheff were Councilors Wayne Anthony,

Glenn Davis, Berry Henderson, Julius H. Hunter, Jr., Charles E. McDaniel, Jr.,

Evelyn Turner Pugh, Nathan Suber and Evelyn Woodson. City Manager Carmen

Cavezza, City Attorney Clifton Fay, Clerk of Council Tiny B. Washington and

Deputy Clerk of Council Sandra Davis were also present.



ABSENT: Mayor Pro Tem John J. Rodgers and Councilor R. Gary Allen were absent,

but were excused upon the adoption of Resolution Numbers 336-04 & 337-04

respectfully.



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INVOCATION: Offered by Councilor Wayne Anthony.

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PLEDGE OF ALLEGIANCE: Led by Mayor Robert S. Poydasheff.

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MINUTES: Minutes of the July 27, 2004 meeting of the Council of the

Consolidated Government of Columbus, Georgia were submitted and approved

unanimously upon the adoption of a motion made by Councilor Henderson and

seconded by Councilor Woodson.

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RECONITION OF SENATOR HARP:



Mayor Poydasheff recognized the presence of State Senator Seth Harp, who

was seated in the audience.

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Mayor Poydasheff said this is an important occasion for the City of

Columbus as we have several individuals present with us tonight to launch the

citywide literacy program, which he will read a proclamation momentarily.



He said this would establish a literacy movement for our children 5 years

and under. He said the Columbus South Revitalization Task Force uncovered many

problems that require plans for improvements and he certainly appreciates the

great work of those who volunteered for the Task Force.



Mayor Poydasheff said in particular, the Crime Committee of the Task Force

determined and correctly so, that illiteracy is driving the number of crimes in

our community and is robbing our children of a good life.



He said in the Yale study, 87% of those incarcerated were functionally

illiterate and we have also learned that illiteracy is causing an increase in

serious child abuse, mental health care, child welfare, court cases, special

education, juvenile delinquency and loss of productivity. He said today, with

God?s help, we are going to start turning this around.



He then thanked the members of the Task Force and the Crime Committee, Dr.

John Phillips, the Muscogee County School Superintendent and the Board of

Education for the times they have devoted to this serious problem.



Mayor Poydasheff said his hope is that all sectors of the community are

going to come together to help us in this much to do initiative. He said he

thinks this is a way we can help revolutionize the way we prepare our children

to enter the school system and he believes that as adults, we really have no

alternative to this action. He said he considers this to be a fundamentally

vital aspect of our children and our vision.



He said we would read this proclamation after we handle three other issues

of the Council. (See below for the reading of the proclamation)

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CITY ATTORNEY?S AGENDA:



WITH THOSE NAMED IN THE RESOLUTION STANDING AT THE COUNCIL TABLE, THE

FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR ANTHONY AND ADOPTED

BY THE

COUNCIL:





A Resolution (323-04) - Commending Sheriff Ralph B. Johnson, Muscogee

County Sheriff?s Deputies, Chief Willie L. Dozier, Columbus Police Officers and

Marshal Kenneth Suddeth upon their providing public safety for the Group of

Eight (G-8) Summit held in Sea Island, Georgia on June 8-10, 2004. Councilor

Anthony moved the adoption of the resolution. Seconded by Councilor Hunter and

carried unanimously by those eight members of Council present for this meeting

standing to cast their affirmative vote.



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WITH JUVENILE JUDGE AARON COHN STANDING AT THE COUNCIL TABLE, THE

FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR MCDANIEL AND ADOPTED

BY THE

COUNCIL:





A Resolution (324-04) - Commending and congratulating Juvenile Court

Judge Aaron Cohn upon the naming of the Aaron Cohn Regional Youth Detention

Center in Columbus. Councilor McDaniel moved the adoption of the resolution.

Seconded by Councilor Hunter and carried unanimously by those eight members of

Council present for this meeting standing to cast their affirmative vote.

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NOTE: The City Attorney?s Agenda is continued below.



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CHARACTER WORD:



Mr. Ed Wilson, Executive Assistant to the Mayor came forward to announce

the character word for the month of August. He said Columbus has committed

itself to be a City of Character and part of that commitment is to observe a

word of character for each month of the year. He said the character word of the

month of August is ?sportsmanship?. He said we are going to have plenty of

opportunities to practice that word.



Mr. Wilson said some related words to ponder and practice are fair play,

courtesy and respect. He said sportsmanship involves adhering to the rules of

competition and not using illegitimate tactics to gain an advantage, treating

your rival with courtesy and respect.



COLUMBUS CATFISH:



Mayor Poydasheff introduced the new General Manager of the Columbus

Catfish Baseball Team, Mr. Jim Beaudoin and welcomed him to Columbus.



Mr. Beaudoin said he just wanted to take this opportunity to introduce

himself to the Council and said he knows that baseball is very big here in

Columbus; however, this is more than just about baseball to him. He said he

views them as being a very good community partner, which is what minor league

baseball is all about. He said while it is a business, from his standpoint, it

shouldn?t be viewed as such, but said we need to get the team members out into

the community and do the best for the community. He said we need to get into

the schools and invite the kids to the ballpark and this is one of the things

that he hopes to bring to this organization and the community.

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PROCLAMATIONS:



?P.E.E.R. AWARDS?:



Ms. Reather Hollowell asked the following individuals, who are recipients

of this quarter?s P.E.E.R. Awards to come forward to be recognized on tonight:

Mr. Avon Cobb, Ms. Grenoda Wilder, Mr. Paul Morris, Mr. David Perryman and Ms.

Charlene Podger.



She said the recipient of the Individual Excellence Award is Mr. Daryl

Floyd.



Mayor Poydasheff said the most important aspect of who you are doesn?t

come from your superiors, but it comes from your peers and subordinate.



Councilor Turner Pugh said the P.E.E.R. Award promotes employee excellence

through recognition, with the purpose being to provide an opportunity for

Consolidated Government employees to recognize their peers for promoting

excellence in support of the City?s mission.



She said often times we would like to do more for our City employees, but

said we can?t because of budget constraints and said she just wants to say to

these employees that are being recognized on tonight, thank you for the job

that you do for us.



Councilor Turner Pugh then read the proclamation of Mayor Poydasheff

proclaiming August 3, 2004 as Avon Cobb Day, Grenoda Wilder Day, Paul Morris

Day, David Perryman Day and Charlene Podger Day, in Columbus, Georgia.



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INDIVIDUAL EXCELLENCE AWARD:



Councilor Turner Pugh said the purpose of the Individual Excellence Award

Program is to provide an opportunity for the Columbus Consolidated Government?s

Leadership Team to recognize individual employees for promoting excellence in

support of the City?s mission. She said this award is the highest form of award

recognition bestowed upon an employee of the Columbus Consolidated Government.

She said this quarter?s award goes to Mr. Daryl Floyd and then read Mayor

Poydasheff ?s proclamation, proclaiming August 3, 2004 as ?Daryl Floyd Day?, in

Columbus, Georgia.



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?READ EVERY BOOK PROGRAM?:



With all the volunteers of the Mayor?s Read Every Book Program? standing

at the Council table, Councilor Hunter read the proclamation of Mayor

Poydasheff, proclaiming the adoption of and call for advocacy of and

participation in the ?Mayor?s Read Every Book Program?, in Columbus, Georgia.



Mr. Miles Caggins said they gladly accept the challenges and opportunities

that this proclamation brings and that they are prepared to help the children

become more prepared to enter school ready to learn. He then made several

comments regarding this program and literacy in our community, as well as

highlighted some statistical data as it relates to literacy.



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?ARCHERY SHOOTERS ASSOCIATION WEEK?:



With Ms. Janice Davis of the Columbus Sports Council and Mr. Mike Terrell

of the Archery Shooters? Association standing at the Council table, Councilor

Suber read the proclamation of Mayor Poydasheff, proclaiming August 3 - 8, 2004

as ?Archery Shooter?s Association Week? in Columbus, Georgia.

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CITY ATTORNEY?S AGENDA:



WITH COACH BOBBY HOWARD AND MANY OF THE PLAYERS OF THE COLUMBUS HIGH

SCHOOL BLUE DEVILS BASEBALL TEAM STANDING AT THE COUNCIL TABLE, THE FOLLOWING

TWO RESOLUTIONS WERE READIN THEIR ENTIRETY BY COUNCILOR HENDERSON AND ADOPTED

BY THE

COUNCIL:





A Resolution (325-04) - Commending and congratulatingthe Columbus High

School Blue Devils baseball team upon their recent Class AAAA Georgia State

Championship held in Newnan, Georgia. Councilor Henderson moved the adoption

of the resolution. Seconded by Councilor Hunter and carried unanimously by

those eight members of Council present standing to cast their affirmative vote.



A Resolution (326-04) - Commending and congratulating Columbus High School

Baseball Coach Bobby Howard upon his selection by USA Today as the National

High School Coach of the Year. Councilor Henderson moved the adoption of the

resolution. Seconded by Councilor Hunter and carried unanimously by those eight

members of Council present standing to cast their affirmative vote.



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WITH COACH DERREL SCOTT, DANTRELL SAVAGE AND COACH BOBBY HOWARD STANDING

AT THE COUNCIL TABLE, THE FOLLOWING RESOLUTION WAS SUBMITTED AND READ IN ITS

ENTIRETY BY COUNCILOR DAVIS AND ADOPTED BY THE COUNCIL:



A Resolution (327-04) - Commending and congratulating Khadija Talley

(Columbus High School) and Dantrell Savage (Jordan High School) upon their

selection as 2003-04 Athletes of the Year by the Columbus Ledger-Enquirer and

further commending Coach Bobby Howard (Columbus High School) and Coach Ron

Nelson (Central-Phenix City) upon their selection as Coach of the Year.



Councilor Davis moved the adoption of the resolution. Seconded by

Councilor Hunter and carried unanimously by those eight members of Council

present for this meeting.



Councilor Davis said he would like to ask the City Attorney to draft an

individual resolution for each of these two athletes and coaches so that they

may be able to display them independently.



Coach Scott said before we got out of school last year, he was before the

Council with a young man named Aquavious Samuels and he informed you that he

was two time State champion in the long jump and that he was also picked to go

down to Australia. He said since that time, he has returned and he won the Gold

medal. He said this was an International competition and said we might just

have our next Olympian here.



Councilor Suber then asked that a resolution be prepared congratulating

Mr. Samuels.



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WITH MANAGER GARY MILLER, COACHES AND THE MEMBERS OF THE 9-10 YEAR OLDS

GIRLS OF THE NORTHERN LITTLE LEAGUE TEAM STANDING AT THE COUNCIL TABLE, THE

FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR DAVIS AND ADOPTED BY

THE

COUNCIL:





A Resolution (328-04) - Commending and congratulating the Columbus

Northern Little League 9-10 Year-old Softball All-Stars upon their recent 2004

District 8 Championship. Councilor Davis moved the adoption of the resolution.

Seconded by Councilor Hunter and carried unanimously by those eight members of

Council present standing to cast their affirmative vote.



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WITH GREG WAGNER, COACHES AND THE MEMBERS OF THE 11-12 YEAR OLDS GIRLS OF

THE NORTHERN LITTLE LEAGUE TEAM STANDING AT THE COUNCIL TABLE, THE FOLLOWING

RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR HENDERSON AND ADOPTED BY THE

COUNCIL:





A Resolution (329-04) - Commending and congratulating the Columbus

Northern Little League 11-12 Year-old Softball All-Stars upon their recent 2004

District 8 Championship. Councilor Henderson moved the adoption of the

resolution. Seconded by Councilor Suber and carried unanimously by those eight

members of Council present standing to cast their affirmative vote.



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THE FOLLOWING RESOLUTION WAS ALSO SUBMITTED AND READ IN ITS ENTIRETY AND

ADOPTED BY THE

COUNCIL:





A Resolution (330-04) - Commending and congratulating the Columbus

Northern Little League Senior Girls Softball All-Stars upon their recent 2004

District 8 Championship. Councilor Davis moved the adoption of the resolution.

Seconded by Councilor Hunter and carried unanimously by those eight members of

Council present for this meeting.

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ZONING PUBLIC HEARINGS:



THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND A PUBLIC HEARING WAS HELD AS

ADVERTISED:



An Ordinance - Rezoning property located at 715 Sheridan Avenue from an

A-0 District to an R-3A District. (34-A-04-Habitat for

Humanity)











PROPONENTS & OPPONENTS:



A gentleman was present, but he did not make a presentation, as there was

no one present to oppose this proposed rezoning ordinance.



City Attorney Fay then advised that this ordinance would be voted on next

week.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND A PUBLIC HEARING WAS HELD AS ADVERTISED AND DELAYED FOR ONE

WEEK AT THE REQUEST OF COUNCILOR

DAVIS:



An Ordinance - Rezoning property located at 1048 & 1060 Double Churches

Road and property south of both parcels from an R-1 District to an R-2

District. (35-A-04-Ivy Park,

LLC)











PROPONENTS & OPPONENTS:



No one was present to speak for or against this proposed rezoning

ordinance; however, Councilor Davis said the Ivy Park Development Group has

requested a week delay for various reasons. He said there has been a change in

the plan for the better and also, they want to have ample time to contact and

work with the citizens out there to make sure everyone is on page and they feel

good about what?s going on since the changes have just taken place.



Councilor Davis then made a motion that the ordinance be delayed for one

week. Seconded by Councilor Woodson and carried unanimously by those eight

members of Council present for this meeting.



City Attorney Fay then asked if there was anyone who wanted to be heard on

this proposed rezoning ordinance, but there were none. He then pointed out

that this ordinance has been delayed for one week.



Councilor Turner Pugh said if Councilor Davis talks with the petitioner,

she would like for him to call her because she would like to know why he wants

to go from an R-1A to a R-2, instead of R-1 to R-1A.



Mayor Poydashefff then asked Clerk of Council Washington to contact the

petitioner and ask him to call Councilor Turner Pugh.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND A PUBLIC HEARING WAS HELD AS ADVERTISED AND DELAYED FOR TWO

WEEKS AT THE REQUEST OF COUNCILOR

SUBER:



An Ordinance - Rezoning property located at 6910 River Road from an A-0

District w/conditions to an A-0 District w/ amended conditions. (36-CA-04-River

Island

Group)











PROPONENTS & OPPONENTS:



Councilor Suber said the Council received an email from Mr. White asking

for a two-week delay on this rezoning. He then so moved. Seconded by Councilor

Woodson and carried unanimously by those eight members present.



City Attorney Fay then asked if there is anyone who wanted to be heard on

this petition on tonight.



Ms. Sally Lassister said she would like to petition the Council to

consider looking seriously at what?s going on in that area and what has gone on

in the past. She said it appears as though there is no solid plan afoot for the

development. She said we have been before the Council with regards to zoning

issues off and on for the last seven or eight years. She said she doesn?t know

how the Council is set up and she does realize there is a Planning Commission,

but it is certainly something that needs to be checked. She said how do they

ask for that.



Mayor Poydasheff pointed out to Ms. Lassister that she has a Council

member as a focal point or you could speak with the City Manager. He told Ms.

Lassister that she may want to address the issue when the proponents comes

forward in two weeks to state what the plans are because there may not be any

dispute.



Councilor Davis said he knows exactly what Mr. Lassister is talking about

because she is not the only one concerned about that. He said he thinks there

is a number of people in dealing with some of the rezoning issues who are

really concerned with the overall picture and what?s going to take place.

He said not only what?s going to take place today or request a rezoning, but

also what?s already in the pipeline coming down and the future pipeline coming

through. He said he has talked with the City Manager and Richard Bishop about

sitting down and looking at that big picture overall to see what we can do and

make sure we do the right thing; because the severity of a potential impact

could happen and it wouldn?t be a good thing for the residents in that area.



Mayor Poydasheff encouraged Ms. Lassister to call the City Manager?s

office for him to get her in contact with Mr. Bishop and perhaps we can take

the advice of Councilor Davis.



Councilor Suber said that is why the two-week delay is being requested at

this time, because the developer is talking to some people in that neighborhood

that are concerned with what?s to come.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND A PUBLIC HEARING WAS HELD AS

ADVERTISED:



An Ordinance - Rezoning part of 8501 Fortson Road from an A-1 District to

a C-3 District. (37-CA-04-Catrett)











PROPONENTS & OPPONENTS:



Mr. Catrett was present, but he did not make a presentation, as there was

no one present to oppose this proposed rezoning ordinance.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND DELAYED DUE TO AN INCONCLUSIVE

VOTE:



An Ordinance - Rezoning property located at 5070 Warm Springs Road from an

R-1A District to an A-0 District. (26-D-04-Kingrey)



Councilor Turner Pugh moved the ordinance be defeated. Seconded by

Councilor Hunter, which resulted in an inconclusive vote of 4 to 4. Voting for

the motion was Councilors Anthony, Davis, Hunter and Turner Pugh. Voting

against the motion was Councilors Henderson, McDaniel, Suber and Woodson.



Councilor Suber then made a motion to approve the ordinance. Seconded by

Councilor Henderson, which also resulted in an inconclusive vote of 4 to 4.

Voting for the motion was Councilors Henderson, McDaniel, Suber and Woodson.

Voting against motion was Councilors Anthony, Davis, Hunter and Turner Pugh.



City Attorney Fay pointed out that we would bring this ordinance back on

second reading next week for another vote.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND DEFEATED BY THE COUNCIL ON SECOND READING:



An Ordinance - Rezoning property located at 2812 and 2814 3rd Avenue from

an R-4 District to a C-3 District. (27-D-04-McCraine)



Councilor Turner Pugh moved the ordinance be defeated. Seconded by

Councilor Hunter and carried unanimously by those eight members of Council

present for this meeting.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND

READING:



An Ordinance (04-65) - Amending Chapter 5 of the Columbus Code (Animals

and Fowl) by adding definitions, requiring shelters for dogs, regulating

transport and fencing for domesticated animals, and for other purposes.



Mayor Poydasheff said, as he understands it, the City Manager has

indicated that he would like to delay this ordinance.



City Manager Cavezza said he has discussed this with the City Attorney as

to whether or not there is a material change in this ordinance. He said a lot

of concern dealt with the sheltering aspect of this ordinance and said the

change has been made that the carport would be sufficient for the shelter. He

said there was also a clarification on the tethering in the yard where there

was some confusion about the length of the 40-foot line, which is for the yard

as opposed to the truck. He said that was the only thing and said he doesn?t

know if that is considered as a material change or not.



City Attorney Fay said it is not a material change. He said the tethering

language now reads for yard tethering, it shall be made out of rope or metal

chain and should be a minimum of 12-feet long and appropriate for the size of

the dog. He said for transportation, it states that tethering used for

transportation of animals shall be a sufficient length to prevent animals from

jumping off or being thrown from a vehicle. He said there is also an addition

to the shelter section, stating that carports are acceptable means of shelter.



City Manager Cavezza said he thinks he told the Council on last week at

the Work Session that because of the changes, it would go back on first

reading; however, after talking with the City Attorney, he felt it was not a

material change and said he would defer to the City Attorney.



Councilor Woodson then moved approval of the ordinance. Seconded by

Councilor Suber.



Councilor Davis then asked for clarification as to whether or not the

tethering in vehicle has been taken out of this ordinance.



City Attorney Fay said it is still a requirement, but it is not a specific

length in the transporting of an animal. However, if it is in a yard, it does

have to be a minimum of 12-feet.



Councilor McDaniel said he is for the ordinance, except for the tethering

in the back of the pickup truck and said he is concerned about that. He said

the rest of the ordinance is okay; however, he can?t support it since the

tethering is also included.



Mayor Poydasheff then called the question on the motion to adopt the

ordinance.



Prior to the vote being called, Councilor Davis asked what thought has

been given to a 6-month trial period. He said he knows that it was proposed at

one time and then asked, where are we with that. He asked if it is only

warnings versus citations.



City Manager Cavezza said he mentioned it, but it wasn?t pursued at all;

therefore, it?s not on the table at this time.



Councilor Davis continued to express his concerns regarding this ordinance,

after which the question was then called on the ordinance, which carried by a

vote of 7-1, with Councilor McDaniel voting no and all other seven members of

Council present voting yes.



Mayor Poydasheff said he thinks what Councilor Davis is trying to do is to

instruct the City Manager and Public Services to take a look at this before we

start ticketing individuals. He said unless the City Attorney overrules him, he

thinks that Councilor Davis? motion would be a proper motion.



City Attorney Fay said the ordinance has passed and is in effect, but he

is talking about a warning period or a delayed effective date.



Councilor Davis said he strongly believes that this would be a good

statement to the community if we would just look at it and write warnings for

six months and come back and take a look at the ordinance and find out what the

issues are. He said he truly believes that there will be an educational aspect

to this and he thinks it would be a good move if we waited six months before we

started writing citations.



Councilor Davis then made his motion for a six-month delay. There was no

second to his motion.



After further discussion on this matter, City Manager Cavezza said he

would put this ordinance on CCG-TV to make sure that everyone is aware of it.



Councilor Turner Pugh said she had asked the City Manager what it would

cost to send each pet owner a copy of the ordinance and she has been provided

with that information. She said she also noticed that there was something

regarding information pamphlets and she wanted to make sure that we get those

to the veterinarians? offices.

Councilor Davis said he truly believes that this ordinance is good for the

overall aspect of animals and animal controls and he thinks that our staff and

the City Manager need to give strong consideration to the educational aspects

of teaching the people. (See below for additional information on this subject)



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND INTRODUCED ON FIRST

READING:



An Ordinance - Amending Chapter 21 of the Columbus Code so as to revise

the regulation of Taxicab businesses in Columbus, Georgia; to provide for

licensing of Taxicab businesses; to provide for criminal background checks of

Taxicab company owners and drivers; to provide for Taxicab driver permits; to

provide for revocation of business licenses and permits; to increase rates; to

provide insurance requirements and for inspection of Taxicabs; and, for other

purposes.



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NORTHERN LITTLE LEAGUE:



Councilor Henderson said on behalf of Councilor Allen, he thinks that we

need to go ahead and prepare resolutions for the other Northern Little League

teams, 9-10 year old boys and the 11-year old boys. He said he would hold off

on the 11-12 year olds, because they may continue in the tournament. He said

if they win on Wednesday night, they would be playing on Saturday evening at

7:30 p.m., on ESPN 2.

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PUBLIC AGENDA:



MR. LORENZO WILDER, RE: DRUGS & GRASS ON THE

RIGHTS-OF-WAY:



Mr. Lorenza Wilder said about six weeks ago, he came before this Council

concerning drugs and grass on the rights-of-way. He said he thinks it is an

honor for a citizen to put himself out in harms way to report anyone that is

pushing drugs to our children. He said he doesn?t need to call a Captain and he

chews him out for calling him. He said he went to Korea and Vietnam and put his

life on the line for Columbus, Georgia and the United States; therefore, he is

not afraid of drug dealers, because when they are poisoning our kids with all

kinds of drugs, it is truly a shame. He said he has seen individuals sell young

ladies drugs in the Cusseta Road trailer park area, as well as the Holly Hills

area. He said he has told the Vice-Squad about it.



Mayor Poydasheff asked Mr. Wilder to contact his office so that he can get

together with him and the City Manager and discuss this matter. He said he

would like to get all the facts so that he can take action on this matter.



Mr. Wilder said he has been to several parts of the City and it looks very

beautiful on the rights-of-way. He said he don?t want to say that the City has

priorities for certain areas, but said with the way it looks, it seems as if

you do.



He said the grass is extremely high in his neighborhood, on Winall Drive

and Parkhill Drive and he doesn?t understand it. He said he would be willing to

cut the grass; however, he?s going into lawn service if the City pays him. He

said he is here again asking you to let?s see if we can get that grass cut and

he would certainly appreciate it.



Mr. Wilder said he would like to thank Councilor McDaniel because he was

very instrumental in getting Talbotton Road resurfaced; however, he believes

that they can do dual lanes as they did in other cities. He said it is really

a big problem because a lot of our senior citizens have to use that road going

back and forth to the hospital and doctor appointments.



Mayor Poydasheff said that?s on the books and said we are working very

closely on this issue and said we will try to see if we can get Georgia to

start accelerating that.



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MR. WILLIAM J. MADISON, RE: GRASS ON ALPINE DRIVE, BUILDINGS ON CUSSETA

ROAD & THE JUVENILE COURT

ACTIONS:





Mr. Madison said about four months ago, he came before the Council to

discuss some issues, one which he stated that he had to appear in Court the

next day and most likely he would be put in jail. He said that was true, he was

placed in jail for not cutting the grass on Alpine Drive and not picking up a

refrigerator or some piece of equipment.



He said he got another ticket and he will probably be going to jail again

for not cutting the grass. He said he is having a real problem understanding

why he continues to receive citations for the property on Alpine Drive that he

purchased in 1988, which the City in its wisdom destroyed in 2000 and said the

taxes haven?t been paid on by him or anyone in his family for over seven years,

but the property is still in his name. He said the grass is high.



Mr. Madison said he spent 23 years in real estate and said that his

understanding in real estate, you look for the highest and best use of a piece

of property. He said his knowledge tells him that the highest and best use of

the property on Alpine Drive is none other than greenspace and said that is why

he is here today, to declare this property greenspace.



He said he is asking the Council to have the staff to withdraw from the

Madison home and stop issuing citations for high grass until someone goes to

the Sears building on Macon Road and issue the school board a ticket; because

their grass is higher than his. He said it has been that way all summer.

Therefore, if the school board doesn?t have to cut their grass and his is for

greenscape, he thinks that he should be left alone also.



Mr. Madison spoke for some ten minutes in expressing his displeasure of

citations being continually issued to him when there is other areas within this

City that have grass much higher than his.



He also mentioned several other buildings within the City of Columbus that

are in very bad condition that are still standing and have been within the last

2-3 years and are in worst condition than the building that he owned, which was

destroyed in 2000.



He said there was a building, which he came before you about four months

ago that someone was supposed to take care of within 30 days, but it is still

standing today.



Mr. Madison said he seems to feel that he is being targeted because the

City can find his property, but they can?t seem to find other properties within

the City that are in derelict condition. He said this Council must certainly

understand that he feels very, very disappointed and feel as if he is being

targeted regardless of what some may wish to say.



He then made comments regarding off-duty police officers that work

part-time security in the mall. He said there are officers out there that are

making arrests that are wrong. He then went into some details and gave an

account of an incident that involved a friend of his. He said the arrest was

wrong, improper and will not stand up in court. He said he is asking the

Council to consider an idea that he has. He said if a police officer that

isworking for the City is off duty and he works for an enterprise other than

the City, he needs to be in that enterprises? uniform. He said if not, what we

are doing is taking a police officer and placing him into the mall and everyone

looks at him as a police officer, but he is acting like a security guard. He

said we don?t have any way of controlling that individual. He said if he makes

an arrest, the City is exposed to liability.



He said he would ask the Mayor to really consider that issue as the Public

Safety Director.



Mayor Poydasheff said none of our police officers are off-duty. He said he

expects our police officers and public safety personnel to be on duty

24-hours a day.

--------------------------------------------*** ***

***-------------------------------------------------------------------



NOTE: Mayor Poydasheff left at this point in the proceedings, with the

time being 7:20 p.m.



--------------------------------------------*** ***

***-------------------------------------------------------------------



After further discussion regarding this issue, City Attorney Fay then

responded to questions of Councilor Woodson as it relates to the arrest powers

of a sworn law enforcement officer.



Regarding the properties Mr. Madison referenced in his earlier comments,

Councilor Suber asked City Manager Cavezza what was the status of those

properties that were burned out, because he thought that he said those would be

taken care of, as well as the Cusseta Road property was to be handled promptly.



City Manager Cavezza said the property on Cusseta Road had been a problem

and said every time we think we have it resolved, we run into another hurdle.



He said HUD has been involved in it and it has been appealed to HUD and

now it is going to court. He said he is not familiar with the burned out

property, but he would look into that.

Councilor Suber said he agrees with Mr. Madison about the condition of the

Sears building. He said he recalls Channel 9 doing a story on the condition of

the Sears building and said we need to look at doing something about this.



In his conclusion, Mr. Madison said he wanted to know who do he take the

ticket to or does he have to appear in court or does he go to jail for not

cutting the grass or is there any fairness in the system, which is why he is

here.



City Manager Cavezza said he thinks what Mr. Madison has said, is that he

wants to declare that property as greenspace; however, it is still his property

unless it is accepted by some group, like a conservation group that accepts

greenspace. He said it is not something that you can say is greenspace and walk

away from it; it is still your property.



Mr. Madison said he is not trying to walk away from it, he just wants the

trees to grow. However, City Manager Cavezza said the trees can grow, but said

there is a City ordinance that requires the grass to be cut at a certain level.



Mr. Madison said that is not helping his situation. Councilor McDaniel

told Mr. Madison if he has a ticket, he should go ahead and go to court,

because we can?t do anything about tickets once they have been issued.

----------------------------------------*** ***

***-------------------------------------------------------------------------

CITY MANAGER?S AGENDA:



THE FOLLOWING FOUR PURCHASING RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY

CITY MANAGER CAVEZZA AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A

SINGLE MOTION MADE BY COUNCILOR TURNER PUGH AND SECONDED BY COUNCILOR SUBER,

WHICH CARRIED UNANIMOUSLY BY THOSE EIGHT MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:



A Resolution (331-04) - Authorizing the declaration of three pursuit cars

as surplus in accordance with Section 7-501 of the Charter of Columbus

Consolidated Government. The surplus vehicles will be traded with the Muscogee

County School District for two school buses.



A Resolution (326-04) - Authorizing the purchase of three (3)

International 4300 LP ambulance Chassis with a wheeled coach medium duty

ambulance conversion package from Wheeled Coach (Winter Park, FL) in the amount

of $336,714.00; which are replacement units that will be utilized by the

Fire/EMS Department.



A Resolution (333-04) - Authorizing payment for actuarial consulting

services to Mercer Human Resource Consulting, Inc., in the amount of

$100,000.00 for the FY-05 plan year, with payments being made as services are

rendered throughout FY-05.



A Resolution (334-04) - Authorizing the purchase of Symantec Virus

protection software upgrade for Domino Servers from CDW-G (Vernon Hills, IL) in

the amount of $41,658.00.





*** *** ***



UPCOMING EVENTS:



City Manager Cavezza highlighted some upcoming events as outlined below.



PARKS & RECREATION:



City Manager Cavezza pointed out that there would be a ribbon cutting

ceremony at the Fluellen Recreation Center, located on 8th Street at 4:00 p.m.

on tomorrow, August 4th.



He also pointed out on August 5th, at 4:00 p.m., there would be a ribbon

cutting for the new office for the Parks & Recreation Department, located at

the Old Fox Senior Center, in the North Highland area.



*** *** ***



COMMUNITY IMPROVEMENT PROGRAM:



City Manager Cavezza pointed out that there would be a Community

Improvement program for the Winterfield area on August 10th at 6:00 p.m., at

South Columbus Girls/Boys Club. He said this is a Columbus South Task Force

initiative; where they will be moving in that area and doing some of those

things that needs to be done.



*** *** ***



TALBOTTON ROAD:



City Manager Cavezza pointed out that there would be a public hearing and

an open house regarding the widening of Talbotton Road, which will be held on

August 12th from 4:00 - 7:00 p.m., at Hannan Elementary School.



*** *** ***



BASKETBALL GOAL:



Councilor Woodson said she received a telephone call from three school bus

drivers that are having problems with individuals having basketball goals in

the street. She said many of the streets are very narrow and it is difficult

for the drivers to get by. She said they called her and wanted to see if there

is anything that we can do. She said she wanted to bring it to your attention

on tonight and ask you to look at the nuisance law that we are working on and

to see is there is something that we can use to identify this problem. She

asked City Manager Cavezza to do some research and let?s discuss it later at a

Council Work Session.



City Manager Cavezza asked if there were some specific areas that we

needed to look into. Councilor Woodson said it is really all over the City in

different neighborhoods.



City Manager Cavezza said it is a safety issue in some streets and in

others its not, but we would try to work with the kids and he would follow up

on this matter.



*** *** ***



SILENT HEROES:



Councilor Woodson asked City Manager Cavezza if we are going to continue

to do the Silent Heroes program where we recognize individuals in the

community.



City Manager Cavezza said that was Mayor Peters? program and said he

doesn?t know whether or not Mayor Poydasheff would continue that program, but

said he would follow up on that request.



*** *** ***



POOLS:



Councilor Hunter said school starts on next week for most of the children

in the community, but the pools closed over the weekend and said someone asked

him, why not keep the pools open this week while the children are still out of

school. He said he would like for us to consider keeping the pools open as long

as we can during the summer months.



City Manager Cavezza said he knows that we had a problem at the Rigdon

pool with the park, so we had to close it earlier than anticipated.



After conferring with Deputy City Manager Hugley, City Manager Cavezza

said the main reason is finances, as well as the life guard is going back to

college. He said since we have such good pools we need to try to keep them open

as much as we can and said he will look into that.



*** *** ***



ANIMAL CONTROL ORDINANCE:



Councilor Davis said there was some information that he didn?t have a

clear understanding on regarding the animal control ordinance and after

consulting with the City Attorney, he would like to change his vote to no.

(The final vote on this ordinance would then be 6 - 2, with Councilors Davis

and McDaniel voting no and all other six members voting yes.)

----------------------------------------*** ***

***------------------------------------------------------------------------

CLERK OF COUNCIL'S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR &

COUNCIL:



(1) Notice of ACCG Georgia Counties? Fall Policy Conference to be held

September 27 - 29, 2004 at the Atlanta Marriott Marquis.



(2) ACCG?s Newsletter Volume 17, Number 1.



*** *** ***



THE FOLLOWING THREE TEMPORARY STREET CLOSING APPLICATIONS WERE SUBMITTED

BY CLERK OF COUNCIL WASHINGTON AND APPROVED BY THE COUNCIL PURSUANT TO THE

ADOPTION OF A SINGLE MOTION MADE BY COUNCILOR TURNER PUGH AND SECONDED BY

COUNCILOR HENDERSON, WHICH CARRIED UNANIMOUSLY BY THOSE EIGHT MEMBERS OF

COUNCIL PRESENT FOR THIS MEETING:







Application of Milton Hodges to temporarily close Norris Circle from Avon

Drive to Carden, on Sunday, August 15, 2004 from 5:00 p.m. to 11:00 p.m. in

connection with parking for ?Founder?s Day Celebration?.



Application of Lucy Burkett to temporarily close the Dillingham Street

Bridge, on Saturday, August 28, 2004 from 5:00 p.m. to 11:00 p.m. in connection

with ?Phenix City?s 50th Celebration?.



Application of Lucy Burkett to temporarily close Bay Avenue from 9th

Street to 12th Street, on Saturday, August 28, 2004 from 6:00 p.m. to 11:00

p.m. in connection with Phenix City?s Fifty Years of Progress.



*** *** ***



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY

CLERK OF COUNCIL WASHINGTON AND ADOPTED BY THE COUNCIL:



A Resolution (335-04) Approving a Special Exception Use for a Child Day

Care Center located at 5103 Buena Vista Road.



Councilor Henderson moved the adoption of the resolution. Seconded by

Councilor Suber and carried unanimously by those eight members of Council

present for this meeting.



*** *** ***



TAXICAB OWNERS BUSINESS LICENSE:



Clerk of Council Washington submitted an Application for a TaxiCab

Owner?s Business License from Mr. Robert J. Lee for Patriot Cab Company,

located at 3391 Victory Drive in Columbus, Georgia.



Councilor Henderson moved approval. Seconded by Councilor Woodson and

carried unanimously by those eight members of Council present for this meeting.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE

COUNCIL:



Budget Review Committee, May 4, 2004.

Budget Review Committee, May 11, 2004.

Budget Review Committee, May 18, 2004.

Budget Review Committee, May 25, 2004.

CIRCLE, June 8, 2004.

Development Authority of Columbus, April 1, 2004.

Development Authority of Columbus, May 6, 2004.

Development Authority of Columbus, June 3, 2004.

Elections and Registrations Board, June 3, 2004.

Health, Columbus Board, June 23, 2004.

Housing Authority of Columbus, June 16, 2004.

Tax Assessors, 28-04.

Tax Assessors, 29-04.



Councilor Henderson made a motion that these minutes be received. Seconded

by Councilor Woodson and carried unanimously by those eight members of Council

present for this meeting.



*** *** ***



THE FOLLOWING FOUR NEW ZONING PETITIONS WERE SUBMITTED AND EXPLAINED BY

CLERK OF COUNCIL WASHINGTON AND AN ORDINANCE AND PUBLIC HEARING WAS CALLED ON

EACH BY COUNCILOR MCDANIEL:



Petition submitted by Rick Norris to rezone 0.71 acres of property located

at 3900 Fairview Drive from an R-1A & R-2 District to an R-1A District.

(Recommended for approval by both the Planning Advisory Commission and the

Planning Division.) (41-A-04-Norris)



Petition submitted by Holly Bryant to rezone 0.317 acres of property

located at 3807 Gentian Boulevard from an R-1A District to a A-O District.

(Recommended for conditional approval by both the Planning Advisory Commission

and the Planning Division.) (42-CA-04-Bryant)



Petition submitted by Tiger Creek Development to rezone 49 acres of

property located at Sonoma Pointe Subdivision (Blackmon Road) from an R-2 & A-1

District to a R-2 District with conditions. (Recommended for conditional

approval by both the Planning Advisory Commission and the Planning Division.)

(43-CA-04-Tiger Creek Development)



Petition submitted by George C. Woodruff Company to rezone 32.08 acres of

property located at 2601 Courtland Avenue & property along the SW corner of

2601 Courtland Avenue from an R-1A District to a R-2 District. (Recommended for

approval by both the Planning Advisory Commission and the Planning Division.)

(44-A-04-Woodruff Co.)



Councilor McDaniel called for the ordinance and public hearing on these

new zoning petitions.



*** *** ***



THE FOLLOWING RESOLUTIONS WERE SUBMITTED BY CLERK OF

COUNCIL WASHINGTON AND ADOPTED BY THE

COUNCIL:



A Resolution (263-04) - Excusing Councilor R. Gary Allen from the August

3, 2004 Council meeting



A Resolution (264-04) -Excusing Mayor Pro Tem John J. Rodgers from the

August 3, 2004 Council Meetings.



Councilor Suber moved the resolutions be approved. Seconded by Councilor

Henderson and carried unanimously by those eight members of Council present for

the meeting.



*** *** ***



BOARD APPOINTMENTS:



CIVIC CENTER ADVISORY BOARD:



Clerk of Council Washington pointed out that we need a nomination for

someone to succeed Mr. Terry Hattaway, who has resigned his seat on the Civic

Center Advisory Board. There were no nominations.



*** *** ***



COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



Clerk of Council Washington pointed out to Councilor Woodson that her

nominee of Mr. Sia Etemadi has advised that he wishes to continue to serve on

the Historic and Architectural Review Board; therefore, she would have to

nominate someone else. She further pointed out that Mr. Douglas Bryant who

currently serves on this board has moved out of Council District Four and is

now a resident of Council District Seven and said if Councilor Woodson would

like, she could consider nominating him.



Councilor Woodson said she would go ahead and nominate Mr. Bryant, but she

would like for him to give a call.



Clerk of Council Washington also informed Councilor McDaniel that we still

need someone for Ms. Leigh Stewart, who represents Council District Eight. She

also advised Councilor Turner Pugh that she would need to nominate someone for

Council District Four. She also pointed out that Ms. Tish Towns has resigned

and that we also will need someone for Council District Ten and asked Councilor

Henderson if he had a nominee. He said he would have a nominee on next week.



*** *** ***



TREE BOARD:



Clerk of Council Washington pointed out that Ms. Susan Kleto has resigned

from the Tree Board and that we need someone to succeed her on this board. She

said they have received a recommendation from the board and she will bring it

back on next week.



*** *** ***



YOUTH ADVISORY COUNCIL:



Clerk of Council Washington said we still need someone for Council

District Five.



*** *** ***



PUBLIC SAFETY ADVISORY COMMISSION:



Clerk of Council Washington said she has outlined the Public Safety

Advisory Commission seats and said that the Council may begin making their

nominations.



*** *** ***



With there being no further business to come before this Council,

Councilor McDaniel then asked if there was anyone who was not listed on the

Public Agenda, but had an issue to bring before the Council, they could be

heard at this time. There was no one who indicated that they wanted to be

heard.



Councilor Turner Pugh then made a motion for adjournment. Seconded by

Councilor Henderson and carried unanimously by those eight members of Council

present, with the time being 7:40 p.m.





Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia