Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

JUNE 7, 2005





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

called to order at 5:30 P.M., Tuesday, June 7, 2005, on the Plaza Level of the

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

presiding.



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PRESENT: Present other than Mayor Poydasheff and Mayor Pro Tem Rodgers were

Councilors R. Gary Allen Wayne Anthony, Glenn Davis, Berry Henderson, Julius H.

Hunter, Jr., Charles E. McDaniel, Jr., Evelyn Turner Pugh, Nathan Suber and

Evelyn Woodson. City Manager Isaiah Hugley, Assistant City Attorney Jamie

Deloach, Clerk of Council Tiny B. Washington and Deputy Clerk of Council Sandra

Davis were also present.



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ABSENT: City Attorney Clifton Fay was absent.



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INVOCATION: Offered by Councilor Wayne Anthony.



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PLEDGE OF ALLEGIANCE: Led by Patrick Spry and Ian Walker from Boy Scout Troop

27, Fort Benning.

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HURRICANES:



Mayor Poydasheff pointed out that there are some pamphlets that were

placed in the seats that provide information on what to do in the event of

hurricanes or some other type of disasters. He said these Pamphlets are

available for anyone who desires one and said if you need more, they are

available for you.



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CHARACTER WORD:



Mr. Ed Wilson, Executive Assistant to Mayor Poydasheff came forward to

announce the character word for the month of June.



He said the character word for the month of June is ?citizenship?. He said

some words to ponder and practice are responsibility, patriotism, duties,

rights and privileges.



Mr. Wilson said citizenship calls for accepting and carrying out ones

duties and responsibilities for city, community, school and nation.

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SPORTS EXCELLENCE:



Ms. Janice Davis said with the Georgia High School game going on at Golden

Park, at the top of the sixth inning, Columbus High is in the lead, with 7-2.

She said after that game is over; which will be in 20 minutes, they will begin

Game 2.



She said there is a good crowd, with at least 2,000 ? 3,000 people down

there.



Mayor Poydasheff said he knows that there are several people here rooting

for both Columbus and Shaw, but said the winner is the City of Columbus;

because we have such great young people, playing on two great teams and

bringing nothing but honor to the City of Columbus; so, we all win.



Ms. Davis said she agrees, and said that is one of the reasons that she is

here, their celebration of sports excellence that they will be having on

Tuesday night at the Rivercenter; where they will be honoring these all Bi-City

athletes.



She said she would like to extend an invitation to the Mayor & Council.

She said the reception is going to be at 5:30 p.m., at the Rankin and said if

there is any Council member that would like to attend, please let her know so

that she can get them in.



Ms. Davis said Coach Ken Carter from the movie, will be their keynote

speaker. She said they are excited about having the opportunity to have him

here, and his relationship as he relates to high school youth.

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PROCLAMATIONS:



NATIONAL NEIGHBOR WORKS WEEK?:



With Mrs. Cathy Williams standing at the Council table, Councilor Suber

read the proclamation of Mayor Poydasheff, proclaiming June 4 - 11, 2005 as

?National Neighbor Works Week? in Columbus, Georgia.

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ZONING PUBLIC HEARINGS:



THERE WERE NO ZONING PUBLIC HEARINGS SCHEDULED FOR TONIGHT?S MEETING.

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CITY ATTORNEY?S AGENDA:



THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY ASSISTANT CITY

ATTORNEY DELOACH AND DELAYED BY THE COUNCIL ON SECOND READING AT THE REQUEST OF

COUNCILOR DAVIS:



An Ordinance - Rezoning property located at 7100 Britton Road from an R-1

(Low Density Residential) District to a R-2 (Low Density Residential) District.

(21-CA-05-Ray M. Wright, Inc.)



Councilor Davis said the developer has asked for a one-week delay. He said

he thinks there has been some change in plan that the residents would like to

see. He said they would be meeting on tomorrow; therefore, the developer has

agreed to a one-week delay.



He then made a motion for a one-week delay. Seconded by Mayor Pro Tem

Rodgers and carried unanimously by those ten members of Council present for

this meeting.



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THE FOLLOWING TWO ORDINANCES WERE SUBMITTED AND EXPLAINED BY ASSISTANT

CITY ATTORNEY JAMIE DELOACH AND ADOPTED BY THE COUNCIL ON SECOND READING:

________________________________________



An Ordinance (05-44) Amending Section 3-7(c) of the Columbus Code so as to

grandfather persons holding valid employee identification cards prior to

January 6, 2004 for renewal purposes only, and for other purposes. Councilor

Henderson moved the adoption of the ordinance. Seconded by Councilor Allen and

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



An Ordinance (05-45) - Amending Columbus Code Section 11-18 so as to

require permits for the sale of non-explosive sparklers and other items

legalized by O.C.G.A. Section 25-10-1; requiring a payment of an annual $100.00

permit fee to the Fire Prevention Division; and for other purposes. Mayor Pro

Tem Rodgers moved the adoption of the ordinance. Seconded by Councilor Woodson

and carried unanimously by those ten members of Council present for this

meeting.



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THE FOLLOWING TWO ORDINANCES WERE ALSO SUBMITTED AND EXPLAINED BY

ASSISTANT CITY ATTORNEY DELOACH AND INTRODUCED ON FIRST

READING:





An Ordinance -Adopting a budget for the fiscal year 2006 beginning July 1,

2005 and ending June 30, 2006, for certain funds of the consolidated government

of Columbus, Georgia, and appropriating the amounts shown in each budget.



BUDGET PUBLIC HEARING:



Assistant City Attorney Deloach asked if there was anyone present who

wanted to be heard on this ordinance, but there were none.



An Ordinance - Adopting non-operating budget for the fiscal year 2006

beginning July 1, 2005 and ending June 30, 2006, for certain funds of the

consolidated government of Columbus, Georgia, and appropriating the amounts

shown in each budget.



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THE FOLLOWING SEVEN ORDINANCES WERE ALSO SUBMITTED AND THEIR CAPTIONS READ

BY ASSISTANT CITY ATTORNEY JAMIE DELOACH AND INTRODUCED ON FIRST

READING:





An Ordinance providing for contributions to the Columbus, Georgia General

Government Employees? Pension Plan for the fiscal year beginning July 1, 2005.



An Ordinance providing for the supplemental contributions to the

Columbus, Georgia Pension Plan for employees of the Department of

Public Safety for the fiscal year beginning July 1, 2005.



An Ordinance providing for government funding of a Death Benefit

Escrow Fund for the fiscal year beginning July 1, 2005.



An Ordinance - Providing for Government funding of a Major Disability

Income Plan for the fiscal year beginning July 1, 2005.



An Ordinance- Amending Article VII of Chapter 13 of the Columbus Code

Solid Waste Collection and Disposal by changing the guidelines for an offset to

the residential rate for low-income households.



An Ordinance - Authorizing the administration of the Columbus excise tax

on rooms, lodgings and accommodations (hotel-motel tax) pursuant to O.C.G.A.

Section 48-13-51(a)(4.2).



An Ordinance - Amending the Procurement Ordinance No. 99-18, Article 3,

?Source Selection and Contract Formation,? Section 3-107(B), ?Quotation

Solicitation,? 3-107(C), ?Notice,? and 3-108(D), ?Public Notice? in order to

change solicitation advertising requirements and solicitation notification

requirements and for other purposes.



Mayor Pro Tem Rodgers asked if we have had an issue that has precipitated

this change.



City Manager Hugley said the budget process. He said we have talked with

the Council about no longer mailing out bid advertisements, as we are going to

do it online. He said we do it on certain days and said this is the reason why

we are bringing this ordinance forward.



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THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY ASSISTANT CITY

ATTORNEY DELOACH AND ADOPTED BY THE COUNCIL:



A Resolution (297-05) - Cancelling the regularly scheduled Council meeting

of June 28, 2005. Councilor McDaniel moved the adoption of the resolution.

Seconded by Councilor Turner Pugh and carried unanimously by those ten members

of Council present for this meeting.



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NON-EXPLOSIVE SPARKLERS:



Councilor Henderson said he was under the impression that this ordinance

on the non-explosive fireworks was continued on first reading. He said even

though we went back and changed the amount, he thinks that he asked last week

if that rescinded the vote to continue the ordinance on first reading. He said

he was under the impression that it was still going to be on first reading this

week. He said he knows that Mr. Folds was here today, but he is indicating he

doesn?t have any questions; therefore, it is a moot point. He said from an

administrative and legal point of view, was it on first reading again.



Clerk of Council Washington said when the ordinance came up on last week,

and there was no representative present from the Fire Department to respond to

a question of Councilor Turner Pugh, it was stated that we would delay this

matter until such time as a representative could be present.



Once Fire Marshal Greg Lange arrived in the Council Chambers, the issue

was brought back up and he came forward and responded to those concerns of

Councilor Turner Pugh.



A motion was then made by Councilor Turner Pugh to amend the ordinance to

increase the fee from $50 to $100, which carried unanimously, but there was no

motion made to delay this matter on first reading.

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PUBLIC AGENDA:



MR. ERIC DAVIS, RE: FALSE ARREST AND HIS REQUEST TO CLEAR HIS RECORD:







Prior to Mr. Davis making any comments, Councilor Anthony asked Mayor

Poydasheff to inform Mr. Davis of the time constraints.



Mayor Poydasheff pointed out to Mr. Davis that he is required by law to

hold a public hearing on the Tax Millage, and said that the time is now 5:55

p.m., and said he will interrupt Mr. Davis at 6:00 p.m., in order to go back

and hold that public hearing that must be held at that time. He said once we

have concluded that public hearing, Mr. Davis can then come back and resume his

remarks.



Mayor Poydasheff, speaking to Mr. Davis, asked him if he knew that the

City Attorney had called him and left a detailed message for him to contact

her, because we will help you in your attempt to clear your record. He told Mr.

Davis that he might want to defer his presentation until the end of the meeting

on tonight; then he could sit down and talk with the Assistant City Attorney

who is willing to help you through the judicial process in getting that record

expunged.



Councilor Allen said instead of having Mr. Davis to sit and wait

throughout the entire meeting, just ask him to contact the City Attorney?s

office on tomorrow to set up a time to meet with them.



Mr. Bill Madison, 974 Overlook Drive said he is here with Mr. Davis to

speak in opposition to him not being allowed to speak at this moment. He said

he would like for Mr. Davis to be heard for two minutes.



Mr. Davis said he would like for Mr. Madison to speak for him.



Mr. Madison said Mr. Davis is here because he attempted to have his record

cleared of a charge that he was not guilty of. He said what we have here is a

young man who is 22 years old and was at home and has never been in trouble

with the law at all. He said a lot of people are approached by a law officer

for a lot of reasons, however, Mr. Davis has been arrested and placed in the

County jail, and all of his clothing was removed from him and standing around

in the middle of the jail like he was some kind of criminal.



He said we are going to have to change the policy when the police

department receives an order to arrest someone, that we do more of a detailed

investigation so that young men and women are not incarcerated through no fault

of their own.



Mr. Madison said the problem comes when he goes 2 or 3 hours later to pull

a police report; he is now a known criminal in the records of America. He said

the computer system says today in Seattle, Washington that this young man is a

criminal. He said in Florida, he is a criminal, and said we need to correct

that immediately upon the police department finding out that a mistake has been

made by

someone in America. He said we are not accusing the Columbus Police Department

of anything, except not having the ability to correct the man?s record.



Mayor Poydasheff said he is very well aware of this case; this was a

mistaken identity and said as a result, he has asked our City Attorney to

assist Mr. Davis. He said our Assistant City Attorney called Mr. Davis and left

a detailed message for him. He said if you could come back to Ms. Deloach?s

office on tomorrow, we are going to help Mr. Davis to go through that process.

He said he is not, because of an arrest record, as a matter of a technicality;

he is not a criminal. He said it was merely an arrest, but there was no

disposition. He said he has apologized to Mr. Davis in writing, as well as

personally and said we will assist him in getting an expunge order from the

Superior Court.



Mr. Madison said if his record says that he is a rapist, would you give

the same privilege to him. Mayor Poydasheff said if he were improperly

arrested, he would give him the same consideration.



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TAX MILLAGE HEARING: 6:00p.m. - With the time now being 6:00 p.m.,

Mayor Poydasheff then called up the public hearing on the tax millage.



City Manager Hugley said this is the second of three tax millage hearings.

He said we did have one on this morning here in the Council Chambers at 9:00

a.m. He said there would be one additional hearing on next week.



He said the budget that will be adopted by the Consolidated Government of

Columbus, Georgia, requires a millage rate higher than the rollback millage

rate. Therefore, before we can approve the budget of the Consolidated

Government of Columbus, Georgia, which we anticipate will be on second reading

next week. He said the third and final hearing is going to precede the adoption

of the budget on second reading on next week.



City Manager Hugley said before we can finalize the tentative budget and

set a final millage rate, Georgia Law requires that three public hearings be

held to allow the public an opportunity to express their opinions on this

increase. He said the increases that he is bringing to you in this second

public hearing shows USD #1, #5, #6 & #7 with a 3% increase. He said USD #2

with a 2%, USD #4 ? 1% increase. He said BID #5, #6 & #7 with a 1% increase.

He said countywide bonds ? 1%.



He said when he say millage rate increase, it increased for the particular

district and not necessarily individual pieces of property and said when we

look at it from a district standpoint, for example, if 600 new houses were

built in USD #1; there would be an increase in millage because new homes were

built. He said also, if there are homes that were renovated and reassessed;

then those millage rates would increase for that individual?s home that was

renovated.



Mayor Poydasheff said it would be the total property taxes received as

such, based on add-ons; however, it doesn?t affect individual property owners.



City Manager Hugley said if a particular homeowner has not been reassessed

or renovated their homes, nor brought a new home, they would not see a

difference. He said their property taxes would remain the same.



Mayor Pro Tem Rodgers said he is not sure that we are absolutely accurate

in calling it a millage increase; we actually have a property digest value

increase in those areas, but not a tax millage increase. He said he wouldn?t

want anyone to thinks that their tax millage is going up; it?s already at the

ceiling, because we can?t go any higher.



City Manager Hugley said it would be a tax digest.



Mayor Pro Tem Rodgers said this would generate more taxes toward more tax

revenue for Columbus and that is the reason why we have to hold this hearing.

He said the millage rate is not increased.



Mayor Poydasheff said this public hearing is required by Georgia Law and

has to be done exactly at 6:00 p.m., the way we have had it. He said the final

hearing would be held on Tuesday.



Mayor Pro Tem Rodgers said a number of people have approached him and

asked him, what tax millage is. He said it is difficult to understand and he

thinks the simplest way to explain it, is to say that it is a rate of taxation,

which is assessed against the value of your property.



City Manager Hugley said if there are persons in the audience, who wants

to speak to this digest increase, now is the time for them to come forward.

There was no one who wanted to speak to this issue.



Mayor Poydasheff then declared this public hearing has now been held.

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PUBLIC AGENDA CONTINUED:



MR. VAL MCGOWAN, RE: THE CITY?S FINDING ON THE ISSUE OF THE WATER PROBLEMS

IN THE MOYE PLANTATION SUBDIVISION:



Mr. Val McGowan cancelled his scheduled appearance before the Council.



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MS. ELIZABETH DANIELS, RE: FLOODING PROBLEMS:



Ms. Elizabeth Daniels cancelled her scheduled appearance before the

Council.

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CITY MANAGER?S AGENDA:



THE FOLLOWING THREE RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY

MANAGER HUGLEY AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE

MOTION MADE BY COUNCILOR WOODSON AND SECONDED BY COUNCILOR TURNER PUGH WHICH

CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:



A Resolution (298-05) ? Authorizing the filing of the Consolidated

Strategy and Plan, Annual Action Plan Update and applications with the

Department of Housing and Urban Development requesting entitlement funding for

the Community Development Block Grant (CDBG), HOME Investment Partnership

(HOME), and Emergency Shelter Grant (ESG) programs.



A Resolution (299-05) ? Authorizing the reaffirmation of 911 charge of

$1.50 per billable telephone for another year and the enhanced wireless 911

charge will remain at $1.00 per billable wireless communication.



A Resolution (300-05) ? Accepting a deed to a portion of Bunker Ridge Lane

located in Section Six - Addition, Bunker Ridge, on behalf of Columbus, Georgia.



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THE FOLLOWING TWO PURCHASING RESOLUTIONS WERE ALSO SUBMITTED AND

EXPLAINED BY CITY MANAGER HUGLEY AND ADOPTED BY THE COUNCIL PURSUANT TO THE

ADOPTION OF A MOTION MADE BY COUNCLOR SUBER SECONDED BY COUNCILOR WOODSON,

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

MEETING:





A Resolution (301-05) ? Authorizing the execution of a contract with

Uneeda Glass Company (Columbus, GA), in the amount of $15,416.00, for a glass

enclosure at the security entrance of the Government Center. The glass

enclosure, measuring 22' x 11 ?', x 9', will be constructed at the Ground Floor

entrance of the Tower. The security entrance will include two pairs of doors

at each end of the structure; swing-out doors (non-automatic) at the west end

and handicap doors (automatic) on the east end. Approximately ninety-eight

percent (98%) of Government Center visitors access the building via the Ground

Floor entrance; the glass enclosure security entrance will help regulate the

flow of pedestrian traffic and protect security personnel from inclement

weather.



A Resolution (302-05) ? Authorizing a contract with Southern Land

Improvement for Grinding and Disposal of Yard Waste Material on an ?as needed

basis?. The Contractor will operate a program that enable the contractor to

grind and dispose of yard waste material for Columbus Consolidated Government.

Operations will be conducted at the following locations: Granite Bluff and

Oxbow Meadows. These City-owned properties will be provided at no cost to the

Contractor to conduct grinding operations. The Contractor will have the

responsibility for marketing the end use of the material produced.



The initial term of the contract shall be two years, with the option to

renew for three additional twelve-month periods. The contract renewal will be

contingent upon the mutual agreement of the City and the Contractor.



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SOCCER TOURNAMENT:



Mayor Poydasheff said he would like to thank City Manager Hugley and Parks

& Recreation for what they did during the soccer tournament held on last week.



Councilor Henderson also commended Ms. Cammie Curry and her staff on

working with everyone to try to make sure the tournament went off well in spite

of some level of risk to the fields.



Councilor Davis said he also would like to thank the Mayor and City

Manager Hugley on how they handled the matter. He said you turned a

potential liability and risk into a win, win for everyone. He said it is his

understanding that our community was impacted with over $5 million generated.



He said he knows that the Mayor and City Manager went out personally and

spoke with the people from Atlanta. He said this was such a valuable

tournament.

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CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR AND COUNCIL:



(1) Certificate of Need Application from The Hughston Surgical Institute, LLC.

for an outpatient orthopedic surgery center on the Hughston Clinic Campus.



(2) Memorandum from Ann Davis, Vice Chairperson of Keep Columbus Beautiful

Commission, Re: The upcoming appointments on the Keep Columbus Beautiful

Commission.



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THE FOLLOWING TEMPORARY STREET CLOSING APPLICATION WAS SUBMITTED BY CLERK

OF COUNCIL WASHINGTON AND APPROVED BY THE COUNCIL:







Application of Lisa Collins to temporarily close the 1000 block of

Broadway on Saturday, June 11, 2005, from 6:00 p.m. to 11:30 p.m., in

connection with ?Bike Ride Across GA (BRAG) Uptown Concert?.



Councilor Henderson moved the application be approved. Seconded by

Councilor Allen and carried unanimously by those ten members of Council present

for this meeting.



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MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE COUNCIL:

.

Family & Children Services, May 25, 2005.

Historic & Architectural Review Board, October 21, 2003.

Historic & Architectural Review Board, November 10, 2003.

Tax Assessors, No. 21-05.



Councilor Allen 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.



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THE FOLLOWING NEW ZONING PETITION, RECOMMENDED FOR APPROVAL BY BOTH THE

PLANNING ADVISORY COMMISSION AND THE PLANNING DIVISION WAS SUBMITTED BY CLERK

OF COUNCIL WASHINGTON AND AN ORDINANCE AND PUBLIC HEARING WAS CALLED FOR BY

COUNCILOR TURNER PUGH:





Petition submitted by Carolyn Hugley to rezone approximately 0.22 acre of

property located at 3312 St. Mary?s Road from LMI (Light

Manufacturing/Industrial) to GC (General Commercial).

(30-A-05-Hugley)



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BOARD APPOINTMENTS:



CIVIC CENTER ADVISORY BOARD:



Clerk of Council Washington pointed out that she has contacted the Young

Professionals Organization and that they are working on trying to get a nominee

for Councilor Woodson?s District for someone to replace Mr. Gerardo Ricci ?

District 7.



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C.I.R.C.L.E:



Clerk of Council Washington pointed out that Mr. James Sakakibara and Ms.

Lee Miller have resigned their positions on C.I.R.C.L.E. She pointed out that

the Council must appoint someone to Mr. Sakakibara?s position and the Mayor

must appoint someone for Ms. Miller?s position.



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BOARD OF HEALTH:



Clerk of Council Washington pointed out that the term of office of Dr.

James Lawrence on the Board of Health expired a few months ago and said that he

is eligible to succeed himself.



Mayor Pro Tem Rodgers then nominated Dr. Lawrence for another term of

office.



Clerk of Council Washington said she would bring this back on next week

for the Council?s confirmation.



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BULL CREEK GOLF COURSE:



Councilor Woodson said she was speaking with a constituent when she was

talking about the Bull Creek Golf Course on last week and said she wasn?t very

clear on how we do the budgeting for that golf course. She said it was brought

to her attention that we really don?t subsidize compared to how their budget is

setup and then asked City Manager Hugley to provide that information for her

and to educate her on that.



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Mayor Poydasheff then asked if there was anyone who had an issue to

address the Council, they could be heard at this time. There was no one to come

forward.



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With there being no other business to come before this Council, Mayor Pro

Tem Rodgers then made a motion for adjournment. Seconded by Councilor Suber and

carried unanimously by those ten members of Council present for this meeting,

with the time being

6:15 P. M.







Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia