Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

JULY 13, 2004



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

order at 9:00 A.M., Tuesday, July 13, 2004, on the Plaza Level of the

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

Honorable John J. Rodgers, Mayor Pro Tem, presiding.



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PRESENT: Present other than Mayor Poydasheff and Mayor Pro Tem John J. Rodgers

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

Julius H. Hunter, Jr., Charles E. McDaniel, Jr., and Nathan Suber. City

Manager Carmen Cavezza, City Attorney Clifton Fay, Clerk of Council Tiny B.

Washington and Deputy Clerk of Council Sandra Davis were also present.

Councilor Evelyn Woodson arrived at 5:35 p.m.



ABSENT: Councilor Evelyn Turner Pugh was absent, but was officially excused

upon the adoption of Resolution Number 300-04.



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INVOCATION: Offered by Councilor Wayne Anthony.

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PLEDGE OF ALLEGIANCE: Led by Dalvin Hudgins, Christian Hudgins and Brandon

Hudgins.

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PRESENTATION OF AN AWARD:



With Mrs. Gwen Ruff of the Columbus Water Works standing at the Council

table, Mayor Poydasheff said we have been honored by the Georgia Department as

a City, because the Water Works has been honored. He said they have received

the Award of Excellence by the Safety Engineering Division of the Department of

Labor, which sponsors the annual awards program to promote safe and healthy

work environments in Georgia.



He said this award is given to any employer in the public or private

sector who0 has experienced 250-work days during the previous calendar year

with no days away from work.



Mayor Poydasheff said this is the fifth time that the Columbus Water Works

has received this award and said we are extremely proud of what the Columbus

Water Works does. He then presented the award to Ms. Ruff.



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ELECTIONS & REGISTRATION BOARD:



At the request of Mayor Poydasheff, Mr. Frank Meyers, Chairperson of the

Muscogee County Democratic Party came forward to request the Council to move

forward in selecting a replacement for Mr. Ken Barfield, a member of the Board

of Elections & Registration, who passed away on yesterday.



He said the Democratic Party has three names to submit for the Council to

consider in naming someone to succeed Mr. Ken Barfield on the Elections &

Registration Board. He said those names are Ms. Marietta Taylor, Mr. Carl

Douglas and Ms. Teresa Tomlinson. He said they would like to state that they

would like to have Ms. Taylor as their representative.



Mayor Pro Tem Rodgers then moved Ms. Taylor be confirmed. Seconded by

Councilor Suber and carried unanimously by those nine members of Council

present for this meeting.



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CITY ATTORNEY?S AGENDA:



WITH THE FAMILY OF MR. EBEN L. REID STANDING AT THE COUNCIL TABLE, THE

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

BY THE COUNCIL:



A Resolution (291-04) - Conveying condolences to the family of Eben L.

Reid of Columbus who died on June 3, 2004. Councilor McDaniel moved the

adoption of the resolution. Seconded by Mayor Pro Tem Rodgers and carried

unanimously by those nine 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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ZONING PUBLIC HEARINGS:



THE FOLLOWING TWO ZONING ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS READ

BY CITY ATTORNEY FAY AND A PUBLIC HEAING WAS HELD ON EACH AS ADVERTISED AND

THEIR FIRST READING DELAYED FOR ONE WEEK AT THE REQUEST OF

COUNCIL:



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

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



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)



An Ordinance - Rezoning property located at 7404 Beaver Run Road from an

A-1 District to an R-1A District. (28-CA-04-Dykes Development)



An Ordinance - Rezoning property located at the northern portion of 4910

Buena Vista Road from an R-1A District to a C-2 District. (29-CA-04-Jenkins)



An Ordinance - Rezoning property located at 1611 & 1613 43rd Street from

an A-0 District to a C-3 District. (31-D-04-Wynn)

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CITY ATTORNEY?S AGENDA CONTINUED:



THE FOLLOWING TWO ORDINANCES WERE SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND ADOPTED BY THE COUNCIL ON SECONDED READING UPON THE ADOPTION OF A

SINGLE MOTION MADE BY MAYOR PRO TEM RODGERS AND SECONDED BY COUNCLIOR ALLEN,

WHICH CARRIED UNANIMOUSLY BY THOSE EIGHT MEMBERS OF COUNCIL PRESENT AT THE

TIME, WITH COUNCILOR WOODSON BEING ABSENT FOR THIS

VOTE:





An Ordinance (04-60) - Amending the "Official Street Map, City of

Columbus, Georgia" by changing the official street name for public roadways

currently designated as Boxwood Drive from Macon Road to Lindsey Creek to

become Boxwood Boulevard; Hamilton Road from 18th Street north to 19th

Street/Talbotton Road to become 5th Avenue; 19th Street from the west dead end

located west of 2nd Avenue east to Hamilton Road to become Talbotton Road;

extend the name of Talbotton Road from 8th Avenue west along the new roadway

alignment to Hamilton Road; authorizing the replacement of all affected street

name signs with new street names; repealing conflicting ordinances and for

other purposes.



An Ordinance (04-61) - Regulating vehicular traffic in Columbus, Georgia

by deleting from the ?Official Street Map, City of Columbus, Georgia? the

street segment and right-of-way of Bay Avenue from the north right-of-way line

of 11th Street north to the south right-of-way of 12th Street; providing that

all existing utility easements of record remain in effect and providing

appropriate width as required by the applicable utility companies will be

reserved for unknown utilities; authorizing the disposal of said property in

accordance with the Columbus City Code; amending the ?Official Street Map, City

of Columbus, Georgia? by relocating the alignment of Bay Avenue from the north

right-of-way of 11th Street north to the south right-of-way of 12th Street as

defined by the revised replat entitled ?City Lots 31, 32, 33, & 34, part of

former rights-of-way of Bay Avenue and part of water lots 20 through 30? dated

June 24, 2004; amending the ?Official Street Map, City of Columbus, Georgia?

by extending the existing 99 foot right-of-way of 11th Street west to intersect

the west right-of-way line of the newly realigned Bay Avenue as defined by

parcel 600 of the revised replat entitled ?City Lots 31, 32, 33, & 34, part of

former rights-of-way of Bay Avenue and part of water lots 20 through 30? dated

June 24, 2004; repealing any conflicting ordinances and for other purposes.





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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND INTRODUCED ON FIRST READING:







An Ordinance - 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.



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THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND ADOPTED BY THE COUNCIL:



A Resolution (292-04) - Proposing that the Local Option Sales and Use Tax

(LOST) be increased from 1 percent to 2 percent in the special district

comprised of the Columbus-Muscogee County consolidated government, pursuant to

O.C.G.A. ? 48-8-96 and Committee of Conference Substitute to House Bill 709

adopted at the 2004 Session of the General Assembly. The Election

Superintendent shall call for a referendum pursuant to O.C.G.A. ? 48-8-85 and

said House Bill 709 to take place on November 2, 2004. Mayor Pro Tem Rodgers

moved the adoption of the resolution. Seconded by Councilor Suber and carried

unanimously by those nine members of Council present for this meeting.

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PUBLIC AGENDA:



Mr. Larry A. Board, representing Columbus Towing (formerly Chads Wrecker

Service, Re: The towing of property. Mr. Board cancelled his scheduled

appearance before the Council today.







Mr. Jim Rhodes, Re: Clean Air Act, (2) City?s Reserve Fund and (3) The

local option sales tax.



Mr. Rhodes had already left the Council meeting when his name was called

to address the Council.



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Mr. Dick Meriaunx, Re: First Tee.



After requesting to be listed on today?s Public Agenda, Mr. Meriaunx did

not appear.

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CITY MANAGER?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND ADOPTED BY THE COUNCIL:



A Resolution (293-04) - Approve the designation of Old Brim Road as a

public street. Mayor Pro Tem Rodgers moved the adoption of the resolution.

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

Council presnet for this meeting.



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THE FOLLOWING FIVE 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 MCDANIEL AND SECONDED BY COUNCILOR WOODSON AND CARRIED

UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:





A Resolution (294-04) - Authorizing the City Manager to execute legal

documentation to clear title to property being exchanged between the City and

the W.C. Bradley Company along Bay Avenue as part of the Riverside Building

project.



A Resolution (295-04) - Authorizing the submission of an application and if

approved accept a grant of $16,000 from the Council of Juvenile Court Judges of

Georgia from funds allocated by Congress from the Juvenile Justice

Accountability Block Grant and amend the Multi-Governmental Fund by like

amount.



A Resolution (296-04) - Approving the contract for medical evaluation

services from North Greenville Fitness and Cardiac Rehabilitation Clinic,

Inc.

The services are needed to assist the Columbus Fire & EMS Department in

evaluating the physical condition of its firefighter workforce and to make

recommendations for a physical fitness program. The contractor will provide

medical evaluation services for each member of the Columbus Fire & EMS

Department which shall comply with all requirements prescribed in the most

current National Fire Protection Association (NFPA) 1201, Developing Fire

Protection Services for the Public, sections 7-2.4-2 and 7-2.2.4, NFPA 1582;

Standard on Medical Requirements for Firefighters and all other applicable

standards, guidelines, laws, regulations and acts. Approximately 358 personnel

will be examined, as needed, contingent upon budget appropriations.



A Resolution (297-04) - Approving the Letter of Agreement between Prison

Health Services (PHS) and the Columbus Consolidated Government for physician

and physician?s assistant medical services, as well as, on site psychiatric

treatment for inmates at the Muscogee County Jail and Muscogee County Prison.

The fixed administrative fee will be $12,187.50 per month. The professional

component will be no more than $48,807.00 per month, unless additional services

have been requested and delivered. The contract term shall be for one year

commencing on July 1, 2004 through June 30, 2005.



A Resolution (298-04) - Approving payment to Ava Bynam and her attorney,

Samuel Oates, for a Workers? Compensation claim settlement in the amount of

$12,500.00. The claim is for an on the job injury Ms. Bynam sustained, in June

of 1998, while employed by Parks and Recreation. The settlement of $12,500.00

was reached through mediation.



A Resolution (299-04) - Approving payment for the emergency purchase of an

IBM 2761-001 Infoprint 2060 ES printer from Beck and Associates (Fortson, GA)

in the amount of $34,200.00. The printer is required to accommodate the new

Advantage 3.0 Financial Software from AMS, replacing the current LGFS and GHRS

system printer. The printer will be used for Accounts Payable Checks; and

Payroll Advices and Checks.



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UPCOMING EVENTS:



City Manager Cavezza highlighted some upcoming events as outlined below.

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CLERK OF COUNCIL'S AGENDA:



THE FOLLOWING ITEM WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR &

COUNCIL:





(1) Memorandum from ACCG, Re: Lease-Purchase Financing.



(2) Letter from Crawford Seals, Chairman of the Muscogee County Child

Fatality Review Subcommittee submitting a copy of the Muscogee County Child

Abuse Protocol Report on Effectiveness for 2003.



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THE FOLLOWING RESOLUTION WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND

ADOPTED BY THE COUNCIL:



A Resolution (300-04) - Excusing Councilor Evelyn Turner Pugh from the

July 13, 2004 Council Meeting. Councilor Henderson moved the adoption of the

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

members of Council present for this meeting.



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THE FOLLOWING TEMPORARY STREET CLOSING APPLICATIONS WAS SUBMITTED BY CLERK

OF COUNCIL WASHINGTON AND APPROVED BY THE

COUNCIL:





Application of Anne Montgomery to temporarily close Stone Gate Drive at

Dearborn Avenue and Billings Road, on July 17, 2004, from 9:00 a.m. to 1:00

p.m., in connection with the ?Neighborhood Block Party.



Councilor Allen moved the approval. Seconded by Councilor Woodson and

carried unanimously by those nine 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, June 30, 2004.

Health, Board of, May 26, 2004.

Public Safety Task Force Committee, May 26, 2004.

Tax Assessors, No. 25-04 & 26-04.

Taxicab Commission, January 7, 2004.



Mayor Pro Tem Rodgers made a motion that these minutes be received.

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

Council present for this meeting.



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THE FOLLOWING SEVEN NEW ZONING PETITIONS WERE SUBMITTED AND EXPLAINED BY

CLERK OF COUNCIL WASHINGTON AND AN ORDINANCE WAS CALLED FOR ON EACH BY

COUNCILOR ALLEN:



Petition submitted by Wright Wade to rezone approximately 1.0 acre of

property located at 5604 Dearborn Drive from an R-1A District to an R-2

District. (Recommended for approval by both the Planning Advisory Commission

and the Planning Division.) (32-A-04-Wade)



Petition submitted by W. C. Bradley to rezone approximately 3.915 acres of

property located at 2106 Cherokee Avenue / 1919, 1921 and 2107 Garrard Street

from an R-1A District to an R-3A District. (Recommended for approval by both

the Planning Advisory Commission and the Planning Division.) (33-A-04-W.C.

Bradley)



Petition submitted by the Columbus Area Habitat for Humanity to rezone

approximately 0.58 acre of property located at 715 Sheridan Avenue from an A-O

District to an R-3A District. (Recommended for approval by both the Planning

Advisory Commission and the Planning Division.) (34-A-04-Habitat for Humanity)



Petition submitted by Ivy Park, LLC to rezone approximately 12 total acres

of property located at 1048 & 1060 Double Churches Road and property south of

both parcels from an R-1 District to an R-2 District. (Recommended for denial

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

(35-A-04-Ivy Park, LLC.)



Petition submitted by River Island Group to rezone approximately 13.5

acres of property located at 6910 River Road from an A-O District with

conditions to an A-O District with amended conditions. (Condition #6 of

Ordinance 99-34 shall be amended to read: 6) the property shall be used as

apartments, medical services, and professional and business offices only.)

(Recommended for conditional approval by both the Planning Advisory Commission

and the Planning Division.) (36-CA-04-River Island Group)



Petition submitted by Richard Catrett to rezone approximately 2.0 acres of

property located on part of 8501 Fortson Road from an A-1 District to a C-3

District. (Recommended for conditional approval by both the Planning Advisory

Commission and the Planning Division.) (37-CA-04-Catrett)



Petition submitted by Developer-Investors, Inc. to rezone approximately

5.877 acres of property located at 8342 Veterans Parkway and adjoining lots to

its south (running east to the entrance of Lullwater Apartments) and southeast

from an R-1 District to a C-3 District. (Recommended for conditional approval

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

(38-CA-04-Developers-Investors, Inc.)



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BOARD APPOINTMENTS:



CIVIC CENTER ADVISORY BOARD:



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

someone to succeed Mr. Arthur Thomason and Mr. Terry Hattaway, who have

resigned their seats on the Civic Center Advisory Board.



Councilor Turner Pugh nominated Mr. Wane Hailes to succeed Mr. Arthur

Thomason. Councilor Henderson moved he be confirmed. Seconded by Councilor

Woodson and carried unanimously by those nine members of Council present for

this meeting.



Councilor McDaniel also nominated Ms. Sharon Pierce to succeed

Mr. Jim Martin as his District 8 representative, due to him no longer living in

this district. Councilor Henderson moved Ms. Pierce be confirmed. Seconded by

Councilor Allen and carried unanimously by those nine members of Council

present for this meeting.







Clerk of Council Washington also pointed out that we still need

nominations for those members who no longer reside in that district in which

they were appointed to serve. She said that is Mr. Brian Hercules, District

One. Councilor Suber said he would have his nomination on next week.



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COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



Clerk of Council Washington advised that the terms of office of

Ms. Floretta Thornton-Reid, who represents Council District Seven and

Ms. Leigh Stewart, who represents Council District Eight on the Community

Development Advisory Council expired on March 27, 2004 and said they are not

eligible to succeed themselves.



She then advised Councilors Woodson and McDaniel that they would need to

submit a recommendation for these two seats.



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BOARD OF HONOR:



Clerk of Council Washington pointed out we need someone to succeed Mr.

Jack Mickle who has resigned from his position on the Board of Honor due to him

no longer being a resident of Muscogee County.



Councilor McDaniel asked Clerk of Council Washington to provide a list of

those eligible individuals who can serve on this board.



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UPTOWN FA?ADE BOARD:



Clerk of Council Washington pointed out that we are awaiting a

recommendation from the Uptown Columbus for someone to succeed

Mr. Brad Strickland and Ms. Marlene Solis, whose seats were declared vacant at

the request of the Chairperson of the Board.



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YOUTH ADVISORY COUNCIL:



Clerk of Council Washington pointed out that the Council must make a

nomination for the 2004-2005 school year for the Youth Advisory Council.



Councilor Hunter nominated Maria Hunter as his nominee for the Youth

Advisory Board. Clerk of Council Washington said Miss Hunter, as well as Mayor

Poydasheff?s nominee of Alexander Ross can be confirmed.

Councilor Woodson so moved. Seconded by Councilor Suber and carried unanimously

by those nine members of Council present for this meeting.



Councilor Turner Pugh said the nominees she thought they appointed earlier

last year was to serve for the remainder of the school year. Clerk of Council

Washington said that was for the 2003-2004 school year, and said these new

nominees will be for the 2004-2005 school year.



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WEST CENTRAL GA REGIONAL MH/DD/AD BOARD:



Clerk of Council Washington pointed out that Mayor Pro Tem Rodgers has

nominated Mr. Albert Sanders to fill the unexpired term of Ms. Debra Garab and

that he may now be confirmed.



Councilor Allen so moved. Seconded by Councilor Woodson and carried

unanimously by those nine members of Council present for this meeting.



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

Poydasheff 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.



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Mayor Pro Tem Rodgers then made a motion for adjournment. Seconded by

Councilor Woodson and carried unanimously by those nine members of Council

present, with the time being 11:05 p.m.



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Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia