Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

MAY 21, 2002





The regular weekly meeting of the Council of Columbus, Georgia was called to

order at 9:01 A.M., Tuesday, May 21, 2002, on the Plaza Level of the Government

Center, Columbus, Georgia. Honorable Bobby G. Peters, Mayor and Honorable John

J. Rodgers, Mayor Pro Tem, presiding.



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

Councilors R. Gary Allen, Berry H. Henderson, Julius H. Hunter, Jr., Charles E.

McDaniel, Jr., Robert Poydasheff, Evelyn Turner Pugh, Richard Smith, 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.



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ABSENT: No one was absent.



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INVOCATION: Offered by Father Gerry Schreck of St. Anne Catholic Church.

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PLEDGE OF ALLEGIANCE: Led by students from Double Churches Elementary

Kindergarten Class.

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CITY ATTORNEY?S AGENDA:



WITH MS. MARQUETTE MCKNIGHT OF THE MUSCOGEE COUNTY SCHOOL DISTRICT

STANDING AT THE COUNCIL TABLE, COUNCILOR SMITH READ THE RESOLUTON THAT WOULD BE

PRESENTED TO EACH OF THE FIFTY-SEVEN HONOREES, WHO WERE NOMINATED AS TEACHER OF

THE YEAR HONOREE AS OUTLINED IN EACH OF THE RESOLUTIONS BELOW, WHICH WAS

ADOPTED BY THE COUNCIL UPON THE ADOPTION OF A SINGLE MOTION MADE BY COUNCILOR

SMITH, AND SECONDED BY COUNCILOR POYDASHEFF, WHICH CARRIED UNANIMOUSLY BY THOSE

TEN MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:



A Resolution (253-02) - Commending and congratulating Johnson Elementary

teacher Joseph Mills upon his selection as the Muscogee County

School District 2002 Teacher of the Year.



A Resolution (254-02) - Commending and congratulating Academic Success

Center teacher Vance Braman upon his selection as 2002 Teacher of the Year

honoree.



A Resolution (255-02) - Commending and congratulating Allen Elementary

teacher Penny Grizzle upon her selection as 2002 Teacher of the Year honoree.



A Resolution (256-02) - Commending and congratulating Arnold Middle

School Teacher Cynthia DeMent upon her selection as 2002 Teacher of the Year

honoree.



A Resolution (257-02) - Commending and congratulating Baker Middle School

teacher Michelle Jones upon her selection as 2002 Teacher of the Year honoree.



A Resolution (258-02) - Commending and congratulating Benning Hills

teacher Pamela McEwen upon her selection as 2002 Teacher of the Year honoree.



A Resolution (259-02) - Commending and congratulating Blackmon Road Middle

School teacher Algracie Jackson upon her selection as 2002 Teacher of the Year

honoree.



A Resolution (260-02) - Commending and congratulating Blanchard Elementary

teacher Mattie Crocker upon her selection as 2002 Teacher of the Year honoree.



A Resolution (261-02) - Commending and congratulating Brewer Elementary

teacher Shannon Dunn upon her selection as 2002 Teacher of the Year honoree.



A Resolution (262-02) - Commending and congratulating Britt David Magnet

Academy teacher Stella Means upon her selection as 2002 Teacher of the Year

honoree.



A Resolution (263-02) - Commending and congratulating Carver High School

teacher Miranda Banks upon her selection as 2002 Teacher of the Year honoree.



A Resolution (264-02) - Commending and congratulating Clubview Elementary

teacher Meredith Hemmings upon her selection as 2002 Teacher of the Year

honoree.



A Resolution (265-02) - Commending and congratulating Columbus High

Teacher Rusty Oliver upon his selection as 2002 Teacher of the Year honoree.



A Resolution (266-02) - Commending and congratulating Cusseta Road

Elementary teacher Rosalyn Laird upon her selection as 2002 Teacher of the Year

honoree.



A Resolution (267-02) - Commending and congratulating J. D. Davis

Elementary teacher Doris Turner upon her selection as 2002 Teacher of the Year

honoree.



A Resolution (268-02) - Commending and congratulating Dawson Elementary

teacher Carla Anthony upon her selection as 2002 Teacher of the Year honoree.



A Resolution (269-02) - Commending and congratulating Dimon Elementary

Magnet Academy teacher Deidre Brown upon her selection as 2002 Teacher of the

Year honoree.



A Resolution (270-02) - Commending and congratulating Double Churches

Elementary teacher Joy Freel upon her selection as 2002 Teacher of the Year

honoree.



A Resolution (271-02) - Commending and congratulating Double Churches

Elementary teacher Theresa Coppedge upon her selection as 2002 Teacher of the

Year honoree.



A Resolution (272-02) - Commending and congratulating Downtown Elementary

Magnet Academy teacher Susan Wilheit upon her selection as 2002 Teacher of the

Year honoree.



A Resolution (273-02) - Commending and congratulating East Columbus Magnet

Academy teacher Michael Forte upon his selection as 2002 Teacher of the Year

honoree.



A Resolution (274-02) - Commending and congratulating Eastway

Elementary teacher Eva Howard upon her selection as 2002 Teacher of the

Year honoree.



A Resolution (275-02) - Commending and congratulating Eddy Middle school

teacher K. T. Henry upon his selection as 2002 Teacher of the Year honoree.



A Resolution (276-02) - Commending and congratulating Edgewood Elementary

teacher Pam Jones upon her selection as 2002 Teacher of the Year honoree.



A Resolution (277-02) - Commending and congratulating Forrest Road

Elementary teacher Tamika Blythers upon her selection as 2002 Teacher of the

Year honoree.



A Resolution (278-02) - Commending and congratulating Fort Middle

School teacher Leigh Cobb upon her selection as 2002 Teacher of the Year

honoree.



A Resolution (279-02) - Commending and congratulating Fox Elementary

teacher Margaret Farris upon her selection as 2002 Teacher of the Year

honoree.



A Resolution (280-02) - Commending and congratulating Gentian Elementary

teacher Cindy Garcia upon her selection as 2002 Teacher of the Year honoree.



A Resolution (281-02) - Commending and congratulating Georgetown

Elementary teacher Rena Fisher upon her selection as 2002 Teacher of the Year

honoree.



A Resolution (282-02) - Commending and congratulating Hannan Elementary

teacher Kia Chambers upon her selection as 2002 Teacher of the Year honoree.



A Resolution (283-02) - Commending and congratulating Hardaway High

teacher Joseph Robertson upon his selection as 2002 Teacher of the Year

honoree.



A Resolution (284-02) - Commending and congratulating Jordan High

teacher Susan Sneed upon her selection as 2002 Teacher of the Year honoree.



A Resolution (285-02) - Commending and congratulating Kendrick High

teacher Rhonda Lloyd upon her selection as 2002 Teacher of the Year honoree.



A Resolution (286-02) - Commending and congratulating Key Elementary

teacher Emily Whiteside upon her selection as 2002 Teacher of the Year

honoree.



A Resolution (287-02) - Commending and congratulating Marshall Middle

School Alicia Head upon her selection as 2002 Teacher of the Year honoree.



A Resolution (288-02) - Commending and congratulating Martin Luther King,

Jr. Elementary teacher Cathy Cravens upon her selection as 2002 Teacher of the

Year honoree.



A Resolution (289-02) - Commending and congratulating Mathews Elementary

teacher Sybil Beatty upon her selection as 2002 Teacher of the Year honoree.



A Resolution (290-02) - Commending and congratulating Mathews Elementary

teacher Judy Heider upon her selection as 2002 Teacher of the Year honoree.



A Resolution (291-02) - Commending and congratulating Midland Middle

School teacher Marian Davis upon her selection as 2002 Teacher of the Year

honoree.



A Resolution (292-02) - Commending and congratulating Muscogee Elementary

teacher Tammy Pope upon her selection as 2002 Teacher of the Year honoree.



A Resolution (293-02) - Commending and congratulating Reese Road

Elementary teacher Sherida Brannan upon her selection as 2002 Teacher of the

Year honoree.



A Resolution (294-02) - Commending and congratulating Richards Middle

School teacher John Tamblyn upon his selection as 2002 Teacher of the Year

honoree.



A Resolution (295-02) - Commending and congratulating Rigdon Road

Elementary teacher Berderia Fuller upon her selection as 2002 Teacher of the

Year honoree.



A Resolution (296-02) - Commending and congratulating River Road

Elementary teacher Sharon Dennis upon her selection as 2002 Teacher of the

Year honoree.



A Resolution (297-02) - Commending and congratulating Rose Hill Center

teacher Linda Landers upon her selection as 2002 Teacher of the Year honoree.



A Resolution (298-02) - Commending and congratulating Rothschild Middle

School teacher Jacquelyn Walton upon her selection as 2002 Teacher of the Year

honoree.



A Resolution (299-02) - Commending and congratulating Shaw High teacher

Charles Flowers upon her selection as 2002 Teacher of the Year honoree.



A Resolution (300-02) - Commending and congratulating South Columbus

Elementary teacher Laura Pfeffer upon her selection as 2002 Teacher of the Year

honoree.



A Resolution (301-02) - Commending and congratulating Spencer High teacher

Virginia Toelle upon her selection as 2002 Teacher of the Year honoree.



A Resolution (302-02) - Commending and congratulating St. Elmo Center for

the Gifted teacher Carol Mashburn upon her selection as 2002 Teacher of the

Year honoree.



A Resolution (303-02) - Commending and congratulating St. Mary?s

Elementary teacher Sandra Goudie upon her selection as 2002 Teacher of the Year

honoree.



A Resolution (304-02) - Commending and congratulating Teenage

Parenting Center teacher Jessica Flick upon her selection as 2002 Teacher of

the Year honoree.



A Resolution (305-02) - Commending and congratulating Waddell Elementary

teacher Scott Black upon his selection as 2002 Teacher of the Year honoree.



A Resolution (306-02) - Commending and congratulating Wesley Heights

Elementary teacher Barbara Farish upon her selection as 2002 Teacher of the

Year honoree.



A Resolution (307-02) - Commending and congratulating Woodall

Psycho educational Center teacher Ann Hull upon her selection as 2002

Teacher of the Year honoree.



A Resolution (308-02) - Commending and congratulating Wynnton Elementary

teacher Carolyn Sumrall upon her selection as 2002 Teacher of the Year

honoree.



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MERITORIOUS RESOLUTION:



Councilor Poydasheff said he and Councilor Henderson would like to call

for a resolution to honor Ms. Dee Shore, of Clubview Elementary School who was

the founder of the River Kids Group, as she will be retiring from the School

System on next month.

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PROCLAMATIONS:



?ADELE LINDSEY AND BRENDA BYRD?:



With Principal Adele Lindsey and Assistant Principal Brenda Byrd of

Clubview Elementary School, standing at the Council table, Councilor Poydasheff

read the proclamation of Mayor Peters, proclaiming high honor to Ms. Lindsey

and Ms. Byrd for their contributions to the School System, in Columbus,

Georgia.

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CITY ATTORNEY?S AGENDA CONTINUED:



WITH MR. JAMES BAUDION STANDING AT THE COUNCIL TABLE, THE FOLLOWING

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

COUNCIL:





A Resolution (309-02) - Commending RiverCenter Project Manager and

Executive Director James Baudion and his staff for their hard work in

planning and conducting grand opening events for this fabulous cultural and

educational facility. Councilor Poydasheff moved its adoption. Seconded by

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

for this meeting.



WITH MEMBERS OF THE COLUMBUS HIGH SCHOOL LADY BLUE DEVILS GOLF TEAM

STANDING AT THE COUNCIL TABLE, THE FOLLOWING RESOLUTION WAS READ IN ITS

ENTIRETY BY COUNCILOR HENDERSON AND ADOPTED BY THE COUNCIL:



A Resolution (310-02) - Commending and congratulating Columbus High School

Lady Blue Devils Golf Team upon their victory in the 2002 AAAA Georgia State

Championship. Councilor Henderson moved its adoption. Seconded by Mayor Pro Tem

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

this meeting.



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WITH MEMBERS OF THE BROOKSTONE LADY COUGARS TENNIS TEAM STANDING AT THE

COUNCIL TABLE, THE FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR

HENDERSON AND ADOPTED BY THE COUNCIL:



A Resolution (311-02) - Commending and congratulating Brookstone Cougars

Tennis Team upon their victory in the 2002 Class A State Championship.

Councilor Henderson moved its adoption. Seconded by

Councilor Poydasheff and carried unanimously by those ten members of Council

present for this meeting.

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PROCLAMATIONS:



?NATIONAL SAFE BOATING WEEK?:



With Mr. William Pilligrini, of the Muscogee Power Squadron, standing at

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

proclaiming the week of May 18 -24, 2002, as ?National Safe Boating Week?, in

Columbus, Georgia.



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ARTS & HUMANITIES PROGRAM:



Ms. Judy Nail, Arts & Humanities Program Director of Muscogee County

School District came forward and said she would like to give something to the

Council, as they have been very kind in giving recognition and proclamations to

the educators this morning and said she appreciates that. She said today they

would like to give something back to the Council.



She said she wanted to do something in special recognition of Veterans

this year for Memorial Day, and said she called in the seven high school art

teachers and asked each of them to have their classes do a piece of art work

that could be displayed in seven different locations in the City. She said the

only restriction was that it should be something that we are proud of, and

something that we are privileged to have because of the service that our

veterans gave to us.



She said she requested to have a piece of this art placed here at the

Government Center in the Mayor?s Office and said she is here today to present

that piece of art. She said she would like this to be a special tribute to WWII

Veterans.



Ms. Nail then introduced student Michelle Wilson, 12th Grader at Hardaway

High School, who did this particular piece of art, and her teacher, Ms. Claudie

Williams.



She said this is a loan for one week to be put on display here at the

Government Center and said this piece of art has been purchased by the

Principal of Hardaway High School to be put on display there.



After Ms. Williams made a few comments, the painting was then unveiled and

presented to Mayor Peters. Ms. Nail then invited the Mayor and Council to

attend an event, which will be held at the Liberty Theater at

8:00 p.m. tonight that the Spencer High School is putting on in honor of

Veterans.

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CITY ATTORNEY?S AGENDA CONTINUED:



WITH MEMBERS OF THE SHAW HIGH RAIDERS TRACK TEAM STANDING AT THE COUNCIL

TABLE, THE FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR HUNTER

AND ADOPTED BY THE COUNCIL:



A Resolution (312-02) - Commending and congratulating Shaw High School

Raiders Track Team upon their second place finish in the Georgia High School

2002 Track and Field Championship. Councilor Hunter moved its adoption.

Seconded by Mayor Pro Tem Rodgers and carried unanimously by those ten members

of Council present for this meeting.



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WITH KHADIJA TALLY STANDING AT THE COUNCIL TABLE, THE FOLLOWING

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

COUNCIL:





A Resolution (313-02) - Commending and congratulating Khadija Talley upon

her victory in the State AAAA Championship in the discus and the shot put

competition at the State Championship Track and Field Meet held in Albany.

Councilor Hunter moved its adoption. Seconded by Councilor

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

this meeting.



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YOUTHS:



Councilor Woodson said maybe we can ask the Ledger to do a series for the

Sunday newspaper of all the youths. She said it would be wonderful to see an

article on all State Championships that our youths have been winning, and their

accomplishments. She said she would ask the Ledger and the media that is

present today, to consider doing a study on all of our youths in Columbus,

Georgia.

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ZONING PUBLIC HEARINGS:



An Ordinance - Amending the Zoning Atlas so as to change certain

boundaries of a district located at the northwest corner of Veterans Parkway

and Old Whittlesey Road from an M-1 District to a C-3 District.

(16-CA-02-Adams)



PROPONENTS:



The petitioner, identified as Mr. Adams was present, but he did not make

any presentation, as there was no one who appeared to speak for or against this

proposed rezoning ordinance.



An Ordinance - Rezoning approximately 0.40 acres of property located at

1125 Lockwood Avenue from an R-3A District to an A-O District. (17-CA-02-Baker

& Latimer)



PROPONENTS:



The petitioner was present, but he did not make any presentation, as there

was no one who appeared to speak for or against this proposed rezoning

ordinance.

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THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND AFTER MORE THAN SIX HOURS OF DISCUSSION INTRODUCED ON FIRST

READING:





An Ordinance - Repealing Chapter 20A entitled Tree Planting and Protection

and adopting a new Chapter 20A containing regulations for tree

protection and planting requirements.



Mayor Peters said we have had a Committee who worked on the Tree Ordinance

for about 18 months and spent a lot of time on that. He said he has been

receiving a lot of e-mails and telephone calls. He said he has been telling

everyone that has been calling him that we have to deal as a government in

open, which is the democratic process and said when you hear comments by the

Council, or anyone else in the government, some people take that as being an

indication of which way an individual is going to vote or how they feel about

something. He said as we go through this process it is evolving, so don?t take

anyone?s vote, one way or the other for granted; because these individuals are

dealing with a lot of other things, beside the tree ordinance, as they are

dealing with the budget. He said there is a lot happening in the Consolidated

Government.



He said the first reading on all ordinances is the public hearing and said

we don?t have rebuttal. He said anyone can be heard today, but said during the

second reading of the ordinance, unless continued by the Council, is when they

actually vote on the ordinance; so, we don?t hear from anyone on second

reading. He said if anyone has any information that they want to add or hear

something that they don?t agree with, then you can send any information through

the email to the Mayor and Council members or you can give it to the Clerk of

Council and she will make sure it goes out in the Council?s packet on Friday.



Mayor Peters said we are all in this together and he would ask that we try

to be cordial with everyone and keep it as a very professional debate.



Councilor Turner Pugh said since it was stated in the newspaper that she

was leading the pack to kill the tree ordinance, she would like to make some

comments. She said when she was elected fourteen years ago she made a

commitment that before she voted on something that she would try to understand

it. She said she has not discussed outside of the Council discussions with any

councilor at this Council table, besides Councilor Suber, anything on the tree

ordinance. She said if she is wrong for asking questions or having an opinion

about what?s in the ordinance and trying to get an understanding, so be it. She

said she thinks as an elected official, she owes her constituency that right to

understand what she is voting on; especially when we are putting in place a law

that is going to have a large impact on people. She said she doesn?t apologize

for it and until she understands it, she will continue to ask question.



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NOTE: See below for continued discussion on the Tree Ordinance.



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CITY MANAGER?S AGENDA:



Prior to any other discussion on the Tree Ordinance, Councilor Suber asked

that items Number One and Two on the City Manager?s Agenda be called up as the

next order of business.



THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND ADOPTED BY THE

COUNCIL:



A Resolution (314-02) - Authorizing the City Manager to sign a non-binding

letter to the Corps of Engineers designating the City of Columbus as a

non-federal sponsor of the River Restoration Project. Councilor Suber moved its

adoption. Seconded by Councilor Poydasheff and carried unanimously by those ten

members of Council present for this meeting.



A Resolution (315-02) - Authorizing the Solicitor General to accept a VOCA

grant award of $44,205.00 and approve funding of $48,150.00 from the five

percent crime victim assistance surcharge fund, to operate the

Solicitor-General?s victim/witness assistance program from October 1, 2002

through September 30, 2003, and to amend the multi-governmental fund (216) to

reflect these revenues and expenses. Councilor Suber moved its adoption.

Seconded by Councilor Poydasheff and carried unanimously by those ten members

of Council present for this meeting.



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THE FOLLOWING ADD-ON RESOLUTION, WHICH WAS DELAYED ON LAST WEEK, WAS ALSO

SUBMITTED AND EXPLAINED BY CITY MANAGER CAVEZZA AND ADOPTED BY THE

COUNCIL:





A Resolution (315-02) - Authorizing a contract with Fine Host Corporation

to provide food and beverage services for South Commons. Councilor Suber moved

its adoption. Seconded by Councilor Turner Pugh and carried unanimously by

those ten members of Council present for this meeting.

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



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TREE ORDINANCE PUBLIC HEARING:



Mayor Peters then called back up the public hearing on the tree ordinance

and said there was some discussions about the Council making their motions for

amendments first, so that the public can hear what amendments are on the table.

He said we won?t take any votes on today, but we will make the amendments, if

any, can be made on today.



Mayor Pro Tem Rodgers said Councilor Henderson is credited with this idea,

but said he will put it on the table, and said as most of you know that we have

been looking at this ordinance for about two months now and said there has been

some adjustments made to it and said he thinks there will be some more minor

adjustments made to it.

He said in order for the public to better understand what we are doing, and be

able to adequately address what the final product is going to look like, it

would be in their best interest to get all of the proposed amendments on the

table, so that when they come forward to speak, you will know what is in their

minds, what we are considering and if you have a particular position on any of

the amendments, you can address those. He said we think it is only fair to put

it out on the table so that the whole thing is in front of you when you come up

to speak to the ordinance.



The discussion began on the tree ordinance with several members of the

Council expressing their views as it relates to this ordinance and then made

the following amendments, as outlined below:



Section 12: Alternative Compliance: Tree Replacement Fund: Delete all

references to the $220.00 contributions for not being able to plant on a lot.

(Motion of Mayor Pro Tem Rodgers. Seconded by Councilor Smith)



Section 7(b): Low & Medium Density Single Family Residential Lots &

Subdivision: As it relates to the two trees per lot reference, remove the

requirements for having one planted in the front yard and one in the back yard.

It doesn?t matter where they are planted, as long as there are two trees

planted. (Motion of Mayor Pro Tem Rodgers. Seconded by Councilor Smith)



Section 12 & 13, Pages 26 - 29: Add a Self-Certification Program: (Motion of

Councilor Smith. Seconded by Councilor Allen) As part of that penalty, he would

like to see written into that amendment that should they be found to have

mislead the City in the spot check, they would forfeit any future rights for a

second chance to the certification program. (Request of Councilor Henderson)



Tree Board: (Motion of Councilor Smith. Dies for the lack of a second)

Public utility representative, require that individual to be a member of the

Columbus Water Work. Also add one Development Authority member to the board.



Section 3(a): City Arborist: Approval of Plans within 15-days. Review of plans

by the City Arborist shall be approved or disapproved within 15-days.



Section 4: Tree Board: Change the word ?seven? members to ?eleven? members.

Also make sure that the rules and regulations are approved by the City

Attorney?s Office. (Motion of Councilor Turner Pugh. Seconded by Councilor

Woodson)



Section 4: Tree Board, Pages 10 & 11: Have two (2) separate boards. An

advisory Board to serve in an advisory capacity to assist with the operations

of the City Arborist. A second board to hear appeals for variances, and

allow those members to serve at-large. (Motion of Councilor Henderson. Seconded

by Councilor Smith)



Section 7(b), Page 13: Density Requirements: Contract houses does not have to

fall under the provisions of the Tree Ordinance, because it is private

property. (Motion of Councilor Smith. Seconded by Mayor Pro Tem Rodgers.)



Section 18(g), Page 37- 38: Speculative Grading: (Motion of Councilor Smith.

Dies for the lack of a second) Amend the 1-year planting season to 2-year

planting.



After the proposed amendments were made by several members of the

Council, the following individuals then appeared and offered their opposition

as well as support for the proposed tree ordinance.

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NOTE: Councilor Henderson left at this point in the proceedings, with the

time being 10:58 a.m. (See below for his return to the meeting)

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Mr. Tracy Spencer, Ms. Gloria Weston-Smart, and Mr. Kyle Spencer.

Mr. Mike Gaymon, of the Chamber of Commerce read a prepared statement, which

was filed with the Clerk of Council for the Council?s records.



Councilor Smith responded to several questions of Mayor Peters, as it

relates to a self-certification program. City Manager Cavezza said they have

tried to find examples of a self-certification program, but there are none. He

said if we do that, we will be starting from the beginning. He also responded

to several questions of Mayor Peters as it relates to this matter.

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NOTE: Councilor Henderson returned back to the meeting at 11:40 a.m.



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After some fifteen minutes of discussion pertaining to the

self-certification provision, with several members of the Council expressing

their views on this particular aspect, after which the following individuals

also appeared and expressed their views on this proposed ordinance.



Mr. William Consoletti, Ms. Teresa Tomlinson, 840 Cooper Avenue and,

Mr. Tommy Davis, 5675 Cascade Court.



Councilor Allen said that we have talked back and forth about days, and

whether or not that means calendar or work days, and said he would like to add

an amendment as it relates to day. He then made the following amendment:



Section 2: Definitions: Add the word ?day? to the list of definitions and have

it defined. (Motion of Councilor Allen. Seconded by Councilor Poydasheff)



City Manager Cavezza said it should be 15- working days to be consistent

with how we do requests for permits; so, that should be work days versus

calendar days.



Councilor Allen said within the other sections of this ordinance, the

words 15-days, 10-days or 40-days are mentioned and said he thought to be

consistent, if we defined ?days? in definition, then there would be no

questions. He said he would depend on the City Attorney to properly word that

section, and said we are talking about work days.



Page 28, Section 13(A), Inspections: At the end of the second sentence add the

following three words: and commercial lots, so that the sentence will read as

follows: Said inspections shall be performed by the Arborist or one of her

designees, which may include officials of the Building Inspections and Code

Department for single family residential and commercial lots. (Motion of

Councilor Allen. Seconded by Councilor Woodson)



Councilor Hunter said he is sure in the final analysis that we will have a

table of contents, but said for us to be able to review it, he would suggest

that we add a table of contents to the ordinance.



City Manager Cavezza said Mr. Davis stated that there was new persons or

additional positions in the budget for the Arborist, but said there are no new

positions. He said there are no new positions, and said anything that we do, we

will be doing it out of hide, and as the people will see, there will be a

reduction in the strength of the budget this year.



The following individuals also appeared and expressed their views on the

subject as well:



Mr. Tom Steinberg, 2300 Manchester Expressway, Mr. Larry Martin, 1815

Wildwood Avenue, Ms. Ashley Applegate, Ms. Susan Kleto, Mr. Jim Harris, 3433

Pontiac Drive, Mr. David Swimmer, Mr. Bud Allen, 4036 Wooldridge Road, Ms.

Sandy Steinberg, 5415 Sedgewick Drive, Mr., Marty Flournoy, Mr. Neil Wickham

and Mr. Scott Ammermon, 7709 Pineridge Drive.



City Manager Cavezza and several members of the Council responded to

several concerns expressed by Mr. Scott Ammermon as it relates to the 120-days

effective date as well as the different types of trees in which an individual

can or can?t plant.

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CITY MANAGER?S AGENDA:



THE FOLLOWING RESOLUTION, AS LISTED ON THE CITY MANAGER?S AGENDA WAS

CALLED UP AT THIS TIME FOR A VOTE AT THE REQUEST OF COUNCILOR SUBER AND ADOPTED

BY THE

COUNCIL:





A Resolution (317-02) - Authorizing a variance to the City Code Section

18A-33 Street Design Standards, (H) Intersections, Paragraph (2) Intersections

with Arterial Streets shall be at least 800 feet apart measured centerline to

centerline; to allow a distance along Whitesville Roads of 636 feet to Double

Churches Road to the north and a distance of 767 feet to Lokey Drive to the

south from the proposed cul-de-sac street of the Brian Grier, Inc.,

Development. Councilor Suber moved its adoption. Seconded by Councilor

Poydasheff and carried by a vote of 8 to 2, with Councilor McDaniel and Mayor

Pro Tem Rodgers voting no and all other eight members of Council present for

this meeting voting yes.



*** *** ***



BUDGET REVIEW MEETING:



Councilor Turner Pugh asked the members of Council if they are willing to

stay after the Council meeting for the Budget Review meeting, because we had

some people who were coming to speak to us about the budget. The majority of

the members indicated that they could stay for the meeting, so it was pointed

out by Chairperson Turner Pugh that we would therefore have the meeting as

scheduled.

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NOTE: The City Manager?s Agenda is concluded below.



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The public hearing on the tree ordinance continued with the following

additional individuals speaking to voice their concerns on this ordinance:



Mr. David Erickson and Mr. Phillip Ford





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NOTE: Councilor McDaniel left at this point in the proceedings with the

time being 1:50 p.m.



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In addressing those concerns expressed by Mr. Philip Ford as it relates to

a self-certification program, Councilor Poydasheff requested an amendment be

made to Councilor Smith?s motion as it relates to a self-certification program

and added that Section 12 & 13: Self-Certification Program: Also include in

this Self-Certification Program a provision that states that the inspection

will be done by a certified arborist or a certified architect, which must be

approved by the City Arborist. (Amendment of Councilor Smith?s motion by

Councilor Poydasheff)



Several minutes of discussion were held on this particular aspect of the

ordinance, with members of the Council expressing their views and Mr. Ford then

responding to various questions of the Council.



After more than five hours of discussion on the tree ordinance, the

following four individuals then appeared and offered their comments regarding

the proposed ordinance and City Manager Cavezza responding to several questions

of Mayor Peters and members of the Council.



Ms. Susan Binns, Mr. Malcolm Forte, Mr. Glenn Davis, and Mr. Milton

Jones.

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INTRODUCTION OF MR. BUDDY DARDEN:



Mayor Peters introduced Mr. Buddy Darden, who is running for Congressman.

Mr. Darden appeared at the podium and made some brief comments. He said he

served in the U.S. Congress for 11 years, but has been out for 8 years and said

he would like to help Sanford Bishop and Mac Collins represent Columbus in

Washington.



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With the discussion on the tree ordinance continuing for more than six

hours and some twenty four individuals spoke in favor and/or opposition to this

proposed ordinance, and the members of the Council expressing their views and

making comments on many of those questions and concerns brought forth by those

individuals, and City Manager Cavezza and Mayor Peters, as well as the Council

responding to many of those concerns, this public hearing was finally concluded

by the Council.

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MINUTES: Minutes of the May 14, 2002 meeting of the Council of the

Consolidated Government of Columbus, Georgia was submitted and approved upon

the adoption of a motion made by Councilor Turner Pugh and seconded by

Councilor Poydasheff, which carried unanimously by those nine members of

Council still present, with Councilor McDaniel having already left the meeting.

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TREE ORDINANCE:



Referring back to this subject as it relates to the proposed amendments

made by the Council this morning, Mayor Peters asked what was the Council?s

intent for those amendments, and whether or not they wanted to vote on these

amendments today.

Councilor Henderson suggested that we bring the ordinance back on first

reading with the proposed amendments for next week?s Council meeting. City

Manager Cavezza said we have a Work Session on next week, but asked if it was

possible to continue the first reading of the ordinance as part of that Work

Session.



Mayor Pro Tem Rodgers said we have pretty much ironed out what we are

going to do, but said the issue of concern for some people was that Councilor

Poydasheff was going to have to resign. He said even if we continue this on

first reading for two weeks, he has two weeks after that before he has to

resign; so, he doesn?t see any point in countering our normal stance for next

week and continuing first reading for two weeks.



After further discussion on this matter, it was the consensus of the

Council to go ahead and bring the ordinance on first reading for next week?s

meeting.

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CITY ATTORNEY?S AGENDA CONTINUED:



THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND INTRODUCED ON FIRST

READING:



An Ordinance - Amending the Procurement Ordinance by adding a new section

to provide that persons found liable in a civil proceeding or convicted

pursuant to O.C.G.A. Section 7-6A-8 (Georgia Fair Lending Act) shall not be

eligible for contract awards from the Consolidated Government for a period of

ten (10) years from final disposition of the civic proceeding or the date of

conviction; providing for an effective date.



*** *** ***



THE FOLLOWING RESOLUTION WAS DELAYED BY THE COUNCIL, AT THE REQUEST OF ITS

SPONSOR, COUNCILOR

SMITH:





A Resolution - Commending Chattahoochee Valley Community College students

Daniyar Zhanbekov and Jennifer Grace Anthony upon their selection as the CVCC

representatives to All-Alabama Academic Teams for 2001-2002.

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PUBLIC AGENDA:



MRS. LOIS WILLIAM, RE: EASEMENT:



Mrs. Lois William, who requested to be listed on today?s Agenda, called

this morning to cancel her scheduled appearance before the Council.

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CITY MANAGER?S AGENDA CONTINUED:



THE FOLLOWING SEVEN 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 POYDASHEFF AND

CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT AT THE TIME, WITH

COUNCILOR MCDANIEL HAVING ALREADY LEFT THE

MEETING:





A Resolution (318-02) - Authorizing an agreement to expand a contract

with Jordan, Jones & Goulding (JJG) for developing a plan for infrastructure

improvements for Bibb City.

A Resolution (319-02) - Authorizing the relocation of two(2) limited

access breaks in the right-of-way for the Ben Frank Billings property, located

along Gateway Road between Trestlewood Drive and the J. R. Allen Parkway;

requiring the Billings property to be replatted showing the new breaks in

limited access; and authorizing the Traffic Engineer to issue permits for said

access points.



A Resolution (320-02) - Authorizing a variance to City Code Section

22-32(A) (6)(a) to allow the radius of the driveway to cross the property line;

and authorizing the Traffic Engineer to issue a permit with said variance.



A Resolution (321-02) - Authorizing the acceptance of a deed to

Fieldstream Way, located in Section Two, Summerbrook Subdivision, on behalf of

Columbus, Georgia.



A Resolution (322-02) - Authorizing the acceptance of a deed to Glen

Valley Drive, Orchard Glen Drive, and Garrett Creek Drive, located in Orchard

Phase Three, Garrett Creek Subdivision, on behalf of Columbus, Georgia.



A Resolution (323-02) - Authorizing the acceptance of a deed to Storage

Court, located off Macon Road, as part of Land Lots 59 & 60, 9th District, on

behalf of Columbus, Georgia.



A Resolution (324-02) - Authorizing the application for and acceptance of

a pass-through grant from the Governor?s Discretionary Fund for $25,000 to

assist with operation costs for the Columbus Sports and Events Council to

administer the Georgia Police and Fire Games and other events and amend the

multi-governmental fund by the like amount.



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THE FOLLOWING TEN PURCHASING RESOLUTIONS, WITH DETAILED INFORMATION HAVING

BEEN INCLUDED WITH THE CITY MANAGER?S AGENDA PACKET, WERE SUBMITTED AND

EXPLAINED BY CITY MANAGER CAVEZZA AND ADOPTED BY THE COUNCIL UPON THE ADOPTION

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

POYDASHEFF, WHICH CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL STILL

PRESENT, WITH COUNCILOR MCDANIEL HAVING ALREADY LEFT THE

MEETING:



A Resolution (325-02) - Authorizing payment to Columbus Water Works

for water & sewer services, in the amount of $12,826.40.



A Resolution (326-02) - Authorizing payment for actuarial and consulting

services to William M. Mercer, Inc., in the amount of $30,000.00.



A Resolution (327-02) - Authorizing the purchase of a robotic total

station from Earl Dudley Associates, Inc.



A Resolution (328-02) - Authorizing the declaration of vehicles and

various equipment shown on the attached list as surplus equipment in accordance

with Section 7-501 of the Charter of the Columbus Consolidated Government.



A Resolution (329-02) - Authorizing the purchase of twenty-five (25)

traffic counter systems from Pat America, Inc., in the amount of $15,955.00.



A Resolution (330-02) - Authorizing the purchase of a 30-foot minimum

aerial personnel lift from Truck Equipment Sales, in the amount of

$16,978.00.



A Resolution (331-02) - Authorizing the purchase of a wheel loader from

Stith Tractor & Equipment Company, in the amount of $68,035.00.



A Resolution (332-02) - Authorizing payment to Jordan City Pharmacy

for workers? compensation claims, in the amount of $12,092.87.



A Resolution (333-02) - Authorizing the purchase of inmate supplies from

Charm-Tex, Leslee Scott, Inc., OD Taragin & Bros., Robinson Textiles, Inc.,

Walter F. Stephens, Jr., Inc., Justice Packaging Corp., ATD-American Co., ICS,

Supreme Sales Company, Inc., American Associated Cos., Inc., Harbor Linen Co.,

Georgia Correctional Industries, Uniforms, Mfg., Inc., Bob Barker Company,

Inc., and Textile Sales. Inc., for the estimated annual

contract value of $172,770.57.



A Resolution (334-02) - Authorizing the continuation of an annual purchase

contract of 800 MHZ radios, on an ?as needed? basis, via Georgia SWC S-070353

from Motorola, Inc.

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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) Notice of the Georgia Environmental Protection Division?s intent to

issue initial operating permits to Intermet Columbus Foundry, Application No.

TV-9166, 1600 Northside Industrial Blvd.



(2) Biographical sketch of Mr. Floyd C. Washington, Councilor

Suber?s nominee for the position of Mr. Rannie Lewis on the Columbus

Golf Course Authority.



(3) Biographical sketch of Mr. Rudolph Carter Allen, Councilor Pugh?s

nominee for the position of Judge Albert Thompson on the Columbus Golf Course

Authority.



(3) Biographical sketch of Mr. Richard Carlton Hagler, Councilor

Rodgers?

nominee for the position of Michael Silverstein on the Columbus Golf

Course Authority.



*** *** ***



THE FOLLOWING TEMPORARY STREET CLOSING APPLICATION WAS SUBMITTED BY CLERK

OF COUNCIL WASHINGTON AND APPROVED BY THE COUNCIL:



Application of Rose Williams for a temporary street closure for 6th Avenue

from 8th Street to 9th Street, on June 15, 2002, from 8:00 a.m. to 3:30 p.m.,

in connection with a ?Vacation Bible School Picnic?.



Councilor Poydasheff moved the approval of the application. Seconded by

Councilor Turner Pugh and carried unanimously by those nine members of Council

still present, with Councilor McDaniel having already left the meeting.



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MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE

COUNCIL:



Board of Health, April 24, 2002.

Board of Tax Assessors, Number 18.



Councilor Poydasheff made a motion that these minutes be received.

Seconded by Councilor Allen and carried unanimously by those nine members of

Council still present, with Councilor McDaniel having already left the meeting.



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THE FOLLOWING FIVE NEW ZONING PETITIONS WERE SUBMITTED AND EXPLAINED BY

CLERK OF COUNCIL WASHINGTON AND ORDINANCES WERE CALLED FOR BY COUNCILOR

ALLEN:





Petition submitted by Harco Properties, LLC to rezone approximately 6.5

acres of property located at 5825 Morningside Drive from an R-1 District to an

R-1A District. ( Recommended for approval by both the Planning Advisory

Commission and the Planning Division). (22- A-02-Harco Properties, LLC.)



Petition submitted by Cathy Watson to rezone approximately 0.17 acres of

property located at 1121 30th Street from a C-2 District to an R-3A District.

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

Planning Division). (23-A-02- Watson)



Petition submitted by Developers Investors, Inc. to rezone approximately

9.5 acres of property located at the southeast corner of Moon Road and Stone

Mill Drive. (Recommended for conditional approval by both the Planning

Advisory Commission and the Planning Division) (24-CA-02- Developers-

Investors, Inc.)



Petition submitted by Lullwater Apts. LLC to amend Condition #2

of Ordinance 00-96. ?Access to Franklin Drive/Cooper Creek Road shall be denied

until such time a traffic signal is installed at the intersection of Veterans

Parkway and Cooper Creek Road.? (Recommended for conditional approval by both

the Planning Division and the Planning Advisory Commission.) (25-CA-02-

Lullwater Apt., LLC).



Petition submitted by Dr. Phillip Thomas Schley to rezone approximately

1.3 acres of property located at the northeast corner of River Road and Schley

Road from an A-1 District to a C-2 District. Recommended for conditional

approval by the Planning Advisory Commission and denial by the Planning

Division.)(26-D-26-02-Schley)



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BOARD APPOINTMENTS:



Due to the lateness of the hour, Clerk of Council Washington advised that

she would dispense with the board appointments until the next regularly

scheduled Council meeting.



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Mayor Peters asked if there was anyone present in the audience 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 wanted to be heard.



*** *** ***



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

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

Poydasheff and carried unanimously by those nine members of Council still

present, with Councilor McDaniel having already left the meeting, with the time

being 4:00 P.M.



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Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia