Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

FEBRUARY 12, 2002





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

to order at 9:02 A.M., Tuesday, February 12, 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 Henderson, 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: Councilor Julius H. Hunter, Jr., was absent, but was officially excused

upon the adoption of Resolution Number 54-02.



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INVOCATION: Offered by Pastor Doug Hahn - Pastor, St. Thomas Episcopal Church.

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PLEDGE OF ALLEGIANCE: Led by Mayor Pro Tem Rodgers.

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YOUTH ADVISORY COUNCIL:



Mayor Peters called upon Ms. Toni Harper, President of the Columbus Youth

Advisory Council, to give a report on their trip to the State Capitol.



Ms. Harper gave a brief report of their visit to Atlanta and also thanked

those Advisors, for their assistance in making this a memorable event for their

group.



Mayor Peters then presented Ms. Toni Harper with the resolutions from the

Georgia State Senate, as well as the House of Representatives and a letter from

Governor Barnes recognizing the partnership between the School District and the

City of Columbus for our Youth Advisory Council.



Councilor Woodson said we should be very proud of this delegation, as

everyone kept commending this group of young people. She said they were shining

stars and angels from above while on their visit to the State Capitol. She said

they asked some really good questions.



She said she wants to recognize that this is a partnership between the

City of Columbus and the School Board. She said that this is one project that

has been very successful. She said we always hear things going back and forth,

but said this is one project that she can honestly say is successful thanks to

the work of Deputy City Manager Isaiah Hugley and Ms. Brenda Dozier of the

School District.

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MINUTES: Minutes of the January 29 and February 5, 2002 meetings of the Council

of the Consolidated Government of Columbus, Georgia were submitted and approved

unanimously upon the adoption of a motion made by Mayor Pro Tem Rodgers and

seconded by Councilor Allen, which carried unanimously by those ten members of

Council present for this meeting.

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NEON LIGHTS:



Mayor Peters noticed Assistant Chief of Police Wesley Mott seated in the

audience and said that he may be here because a question came up about the neon

lights on automobiles, which was raised by Councilor Woodson on last week. He

said there has been one case made, which dealt with revolving blue lights, but

not neon lights. He said neon lights are not illegal, and people can have them

underneath their cars. He said the case that was made, the individual that had

a toggle switch, where you could actually turn on a blue light, as a revolving

blue light, which does come up under the statue. He said that is the

information that he has, as of today, and if this is different Chief Mott is

here to respond.



Councilor Woodson said she is a little disappointed that this is getting

out of hand, because there was a question asked on an incident that happened

and some complaints. She said it wasn?t to go through that type of research.

She said the research was if there are some lights or switches, whatever the

case may be, that it is illegal for individuals to buy for their cars, we need

to make it publicly known so that the businesses don?t sell these items to the

young adults or youths. She said what is happening is they are purchasing these

things from the commercial businesses and are getting a ticket for it. She said

these tickets can go up to $1,000.



She said the request was to check the State law, revise it and then let?s

do something to let the public know, as well as the businesses, that it is

illegal to sell these things because the individuals cannot use them in their

cars.



She said it wasn?t to follow up on one case and clear the individual?s

name, but said it was supposed to be an educational process to the community,

to let them know, both the businesses and the consumer that the item is

illegal. She said what we need to do, is to go back and get a listing to put it

out to the community, those things that are legal or illegal.



Mayor Peters said if someone was given a ticket, there must have been

another reason besides the neon light, to which Assistant Chief of Police

Wesley Mott said that is correct. Assistant Chief Mott said he doesn?t know

about the other cases, but he knows about the one with the blue light.



Assistant Chief Mott said the red, yellow and blue lights are considered

emergency vehicles and are viewed that way by the citizens, but the only law

that specifically requires them not to be used, is a flashing blue light in a

revolving mode.



Mayor Peters then told Chief Mott that maybe he needs to put out something

with the officers, that if an individual has neon lights up under their cars,

it is not considered under that statue, not to be illegal.

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CITY ATTORNEY?S AGENDA:



WITH MISS TERAKKA WALKER AND HER PARENTS STANDING AT THE COUNCIL TABLE,

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

THEN ADOPTED BY THE

COUNCIL:



A Resolution (56-02) - Commending and congratulating Midland Middle

School student Terakka Walker upon her nomination by People to People Sports

Ambassadors to represent the United States on a soccer team in 2002. Councilor

Poydasheff moved its adoption. Seconded by Councilor Turner Pugh and carried

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

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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 HEARING WAS HELD ON EACH AS

ADVERTISED:





An Ordinance - Rezoning approximately 22 acres of property located at 8091

Midland Road from an A-1 District to an R-1 District. (1-D-02-Erickson)



An Ordinance - Rezoning approximately 32 acres of property located at 8127

Midland Road from an A-1 District to an R-1 District. (2-D-02-Erickson)



Mr. David Fox said by statute they have to request this public hearing

within seven days and said it came in the process that they are trying to craft

a solution for their two petitions to try to get closer to that 20,000 square

foot minimum that many of the Council members were in support of. He said

bearing that in mind and with respect to the opposition, they would like to

request a delay while they finish trying to finalize that.



Mayor Peters said it ought to be very simple, you are either going to do

it or not; however, Mr. Fox said as they stated previously on the fourteen acre

tract that they had the public hearing on about a moth ago, part of the reasons

they couldn't accept at that time, some of the amendments to the

R-1 request was the fact that the site didn't address itself adequately to

being able to totally accept what the Council was trying to do.



Mr. Fox said they have, at the suggestions of other individuals, looked at

some options that he can't get into right now, because there are some

negotiations that are ongoing right now, which would help them get closer to

accepting what the Council would like them to do.



Councilor Allen then asked Mr. Fox what length of time delay is he asking

for. Mr. Fox said they really need a two week delay. Councilor Allen then made

a motion to delay the first reading until March 5. Seconded by Councilor Smith.



Mayor Pro Tem Rodgers said he is going to support the motion for the

delay, but said since this was scheduled for a public hearing today, if there

is anyone here who wants to be heard on the matter, he thinks they should be

heard.



Councilor Allen said if he understands what Mr. Fox is saying, he is going

to come back with half-acre on the entire 70 acres. Mr. Fox said they still

think logically, they need to look at the entire area. He said the reason they

brought these two petitions was because they were trying to craft an original

concept based on the 14 acres that would apply to these two petitions, but they

weren't able to have the flexibility with the site at that time to do that. He

said they are trying to work that out right now.



Councilor Allen then asked is there consideration being given to the

existing home sites that are five to seven acres tract where there would be

some kind of transition. He said he understands that the property that you have

that backs up to Liberty Hall, a half acre would be a transition from there,

and he doesn't have a problem with that. He said if a half-acre backs up to

Liberty Hall, that would be fine with him, and he is sure it would be fine with

the other residents in the area, but the home sites, which are approximately

six or eight, mostly boundary on Old Pope Road, and craft some kind of

accommodations in that regard.



Mr. Fox said they are trying to look at a variety of options taking into

account everything the various Councilors have said, and said it would be

premature at this point to define specifically what it is, until they know

whether or not they can work out a compromise.



Councilor Allen asked Mr. Fox, if he would be willing to sit down with the

Midland residents to have an exchange of discussion about this, to which Mr.

Fox said they would try to make that as much available as possible to him

(Councilor Allen), as well as various members of the community.



After still further discussions on this matter, the question was then

called on the motion for a delay, which carried unanimously by those nine

members of Council present for this meeting.



Mr. Terry Sybrant appeared and said they lost a very dear member of their

neighborhood this weekend, Mr. Bob Landy. He said they are going to delay any

speaking today, other than the fact that as Councilor Allen has stated, they

would hope before the meeting on March 5th, they are given the opportunity to

meet with Mr. Erickson and Mr. Fox so that the next time when they come

together, they will have a worked out solution, rather than a controversial

solution.



Mayor Peters then pointed out that this public hearing will be continued

to March 5th at 5:30 p.m.

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CITY ATTORNEY?S AGENDA CONTINUED:



THE FOLLOWING TWO ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS READ BY

CITY ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND READING:







An Ordinance (02-16) - Rezoning various properties located at 7921, 7915,

7920, 7926, 7932, 7938 & 7944 Ballantyne Way; and south of Boone Links Lane

from an R-1 and C-3 Districts to a R-3A District.

(63-A-01-Developers-Investors, Inc.) Mayor Pro Tem Rodgers moved its adoption.

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

Council present for this meeting.



An Ordinance (02-17)- Rezoning approximately 0.7228 acres of property

located at 2401 Whittlesey Road from a M-1 District to a C-3 District.

(64-CA-01-Adams Properties of Columbus, Inc.) Councilor Suber moved its

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

eight members of Council present at the time, with Councilor Allen being absent

for this vote.



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THE FOLLOWING TWO ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS READ BY

CITY ATTORNEY FAY AND DEFEATED BY THE COUNCIL ON SECOND READING PURSUANT TO THE

ADOPTION OF A SINGLE MOTION MADE BY COUNCILOR SUBER AND SECONDED BY COUNCILOR

POYDASHEFF, WHICH CARRIED UNANIMOUSLY BY THOSE EIGHT MEMBERS OF COUNCIL PRESENT

AT THE TIME, WITH COUNCILOR ALLEN BEING ABSENT FOR THIS

VOTE:



An Ordinance - Rezoning approximately 0.46 acres of property located at

1182 and 1190 Tate Drive from a C-2 District with the deletion of Condition #1

of Ordinance Number 00-34 to a C-2 District under the Buffer Ordinance

requirements. (65-D-01-Cunningham & Company, Engineers)



An Ordinance - Rezoning approximately 0.32 acres of property located at

33002 Victory Drive from a C-3 District to a C-1 District. (66-D-01-Mickle)



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THE FOLLOWING TWO ORDINANCES WERE ALSO SUBMITTED AND THEIR CAPTIONS READ

BY CITY ATTORNEY FAY AND ALSO ADOPTED BY THE COUNCIL ON SECOND

READING:





An Ordinance (02-18) - Regulating vehicular traffic in Columbus, Georgia

by enacting a two (2) hour parking time limit along the south curb of Tenth

Street beginning at the east curb of First Avenue and running east along the

south curb of Tenth Street to the west curb of Second Avenue; authorizingthe

installation of official traffic signs indicating said parking restrictions;

and repealing any conflicting ordinances. Councilor Turner Pugh moved its

adoption. Seconded by Mayor Pro Tem Rodgers and carried unanimously by those

nine members of Council present for this meeting.



An Ordinance (02-19) - Providing for the payment by Public service

telephone company of an occupational license tax in the amount of three percent

(3%) of recurring local service revenues, less uncollectibles, received by such

company from subscribers located within the City of Columbus, Georgia.

Councilor Poydasheff moved its adoption. Seconded by Mayor Pro Tem Rodgers and

carried unanimously by those nine members of Council present for this vote.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND AMENDED BY THE COUNCIL ON FIRST

READING:





An Ordinance - Providing for the demolition of the structures located at

2817 Bradley Circle (Adams, Elizabeth, owner), 601 40th Street (Chaplin, Guy

A., Jr., owner), 5131 11th Avenue (Davis, Michael, owner), 414 16th Street

(Edmonds, Booker T., Estate), 514 25th Street (Golden, Willie & Sharon A.,

owners), 802 Rigdon Road (Hendrick, Alicia, owner), and 13 Lafayette Drive

(Walker, Douglas, owner), and for demolition services for the Inspection & Code

Division in accordance with the attached Tabulation of Bid sheet.



City Manager Cavezza said he would like to request that three of these

properties be removed from the list. He said the last inspection indicates that

there has been good progress at 2817 Bradley Circle with most of the

repairs being done. Mayor Pro Tem Rodgers then moved the property be removed.

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

of Council present for this meeting.



Councilor Henderson said when a piece of property has been sold to another

owner after it has been placed on the demolition list, do we provide any kind

of notification by attaching something to the deed or in some manner to let

them know that this property is currently under the demolition process of the

City.



Mr. Bill Duck said once the house is put under notice, in the Clerk of

Superior Court's office, on the list pending docket we list that property and

the ownership on that docket, and if the title is checked prior to it selling,

then it will be reflected there.



City Manager Cavezza said he would also like to request that 601 40th

Street be removed from the list. Mayor Pro Tem Rodgers so moved. Seconded by

Councilor Poydasheff and carried unanimously by those nine members of Council

present for this meeting.



Ms. Jackie Edmonds Martin appeared and said she is the executrix for the

Estate of Booker T. Edmonds (414 16th Street). She said she had some questions

concerning the repairs or the demolition of that property and said she wanted

to ask for more time to do whatever she needed to do. She said she wanted to

know if the City was purchasing the land in that area, because she is trying to

sell the property.



Mayor Peters said we won't purchase it, but said we just want to make sure

that it meets Code.



Ms. Martin responded to several questions of Mayor Peters. She said she is

having problems with the amount that they want to charge to tear it down,

$4,108.00, which she thought was too much. She said she would like to ask for

an extension to find someone to tear it down at a reasonable rate, because she

can't afford $4,000.00 to tear the house down.



Several members of the Council expressed their views regarding this

matter. City Manager Cavezza responded to several questions of members of the

Council.



Mr. Bill Duck and Ms. Rebecca Wiggins also responded to questions of the

Council as it relates to the notification process when notifying individuals of

this matter.



After more than forty minutes of discussion on this matter, several

members of the Council expressed their views on the demolition process, with

Mr. Duck and Ms. Wiggins responding to various concerns of the Council, there

was additional information requested on this subject, as outlined below.



Councilor Woodson asked that the staff look at preparing a pamphlet that

explains what the procedures are in tearing down a substandard structure, and

make it available to the citizens. Mayor Peters said when the staff meets

with the individuals, and goes over the process, have them to make available

paperwork for the individuals to sign, as well as the staff member to sign.



Councilor Turner Pugh said once the staff receives the total cost of

demolition from the demolition company, have the staff to look at sending out

another notice to the property owner advising them how much it will cost for

the property to be demolished by the contractor that the City is using and the

amount that includes the asbestos removal. Also, include in that letter, an

explanation of the procedures for them to follow, if they want to remove the

structure with asbestos, then they will have to follow those same guidelines,

as a licensed contractor.



Councilor Henderson asked that the staff also look at working with the

Columbus Housing Initiative to develop information, to provide some educational

information to those individuals who may serve as executor or executrix of

wills, as it relates to property.



City Manager Cavezza said that he would also like to remove from the list

the property of 514 24th Street. He said they are in the process of demolition

and have the proper license and therefore, we would like to take this off the

list.



Councilor Poydasheff moved this property be removed from the list.

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

of Council present for this meeting.



Mayor Peters then asked if there was anyone who wanted to be heard on any

of these properties could be here at time, but there was no one who indicated

that they wanted to be heard.



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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND DELAYED BY THE COUNCIL:







An Ordinance - Amending Columbus Code Section 16A so as to increase the

membership of the Board of Trustees for the Columbus, Georgia Employees?

Pension Plan, Disability Income Plan, Death Benefit Plan for Retirees, and

Public Safety Pension Plan from tem members to eleven members.



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THE FOLLOWING THREE RESOLUTIONS WERE SUBMITTED AND THEIR CAPTIONS READ BY

MAYOR PRO TEM RODGERS AND THEN ADOPTED BY THE

COUNCIL:





A Resolution (57-02) - Commending and expressing appreciation to the

Columbus Charter Review Commission Chairman Ray Crowley and

Commission members for their dedication and hard work at fulfilling the duties

of the Commission as required by Georgia law. Mayor Pro Tem Rodgers moved its

adoption. Seconded by Councilor Poydasheff and carried unanimously by those

nine members of Council present for this meeting.



A Resolution (58-02) - Commending and expressing deep appreciation to Mr.

Bill Heard, Jr., for his generous donation of property near the intersection of

McKee Road and Macon Road which will be used for construction of a new fire

station to serve the Midland-Upatoi areas. Councilor McDaniel moved its

adoption. Seconded by Councilor Poydasheff and carried unanimously by those

nine members of Council present for this meeting.



A Resolution (59-02) - Commending and expressing appreciation to

Mr. R. Lamar Beck for graciously allowing the Columbus Consolidated Government

to use his property located at 13555 Macon Road for a temporary fire station,

which has served the citizens of the Midland-Upatoi areas. Councilor Allen

moved its adoption. Seconded by Councilor McDaniel and carried unanimously by

those nine members of Council present for this meeting.



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FRAMING OF RESOLUTION:



Councilor McDaniel requested Clerk of Council Washington to have the

resolution for Mr. Bill Heard, Jr., framed.

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PUBLIC AGENDA:



NO ONE REQUESTED TO BE LISTED ON TODAY?S PUBLIC AGENDA.

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CITY MANAGER?S AGENDA:



THE FOLLOWING THREE RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY

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

MOTION MADE BY MAYOR PRO TEM RODGERS AND SECONDED BY COUNCILOR POYDASHEFF,

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

MEETING:





A Resolution (60-02) - Amending Resolution Number 469-01 and consenting to

Columbus, Georgia?s condemnation of parcel 200, 1.07 acres, and being part of

Land Lot 33 of the 8th District of Columbus, Muscogee County, Georgia, a/k/a/

3332 Gentian Boulevard, Tax Map Identification Number 069-023-010.



A Resolution (61-02) - Authorizing Inter Alia, the annual appropriation of

all amounts required pursuant to lessee?s participation in the pooled Lease

Program sponsored by Georgia Municipal Association.



A Resolution (62-02) - Authorizing the acceptance of a pass through grant

from the Governor?s Emergency Fund, in the amount of $20,000 to assist the Keep

Columbus Beautiful Commission in a Litter Awareness Campaign and amend the

multi-governmental fund by a like amount.



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THE FOLLOWING FIVE 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 MAYOR PRO TEM RODGERS AND SECONDED BY

COUNCILOR POYDASHEFF, WHICH CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF

COUNCIL PRESENT FOR THIS MEETING:









A Resolution (63-02) - Authorizing payment to Fine Host Corporation for

catering services, in the amount of $11,505.00.



A Resolution (64-02) - Authorizing the purchase of an IBM 3590-E11

Magnetic Tape Drive from Phoenix Computer Associates, Inc., in the amount of

$13,850.00.



A Resolution (65-02) - Authorizing the purchase of agricultural chemicals

on an ?as needed basis? from Opti-Gro, Delta Landscape, Pro Source,Lesco, Inc.,

Helena Chemical, Piedmont Fertilizer and B. W. Capp & Son, for the estimated

annual contract value of $130,181.34.



A Resolution (66-02) - Authorizing the purchase of furniture for the

Muscogee County Jail, via Georgia Statewide Contact #S-000534, from

Versteel, in care of the Overby Company (Columbus, GA), in the amount of

$18,502.66.



A Resolution (67-02) - Authorizing the purchase of three (3)

Washer/extractors from Unitec, Inc., in the amount of $10, 683.00.



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FINE HOST, INC.:



Councilor Henderson asked if the contract for our current service provider

is coming up for renewal fairly soon. City Manager Cavezza said it has been on

extension and said the reason we haven't acted on it was because we wanted to

wait until we got the new Civic Center Director on board so he could get into

it and we could move from there. He said he believes we were doing it on a

month to month- basis. He said we are looking at some options, as to whether

or not we want to bid it out or do it in house.



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UPGRADE OF THE SNACK BAR:



City Manager Cavezza in response to Mayor Peters said we are upgrading our

snack bar downstairs and said that Tasty Delight won the bid. He said there was

a lot of concern about Wesley and said he has the dispensing machine contract;

so he is okay. He said financially he was about where he was before, so he is

not losing any money.



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EXECUTIVE SESSION:



City Manager Cavezza said he would like to request a brief executive

session after the adjournment of the Council meeting. He said he has one

personnel issue that he would like to discuss with the Council.



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ONE COLUMBUS SUMMITT:



City Manager Cavezza said he would like to remind everyone that this

Friday and Saturday the One Columbus Summit will be held at the Trade Center,

with registration starting at 8:00 a.m. on Friday morning and go throughout the

day and will end on Saturday around 12:00 noon.



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FIFTH ANNUAL BLACK HISTORY OBSERVANCE:



City Manager Cavezza said on Monday, February 18, 2002 the Fifth Annual

Black History Observance Breakfast will be held at the Trade Center at 7:30 a.m.



TREE ORDINANCE:



Mayor Peters said the public forum that City Manager Cavezza had on the

Tree Ordinance, was an excellent job. He said he has never seen so many people

at one public hearing and said that it went very well. He said he is still

getting emails from people that still don?t understand that it doesn?t apply to

private property, homeowners, but said it does apply to residential

development.



City Manager Cavezza said that will be coming to the Council on February

26, in a Work Session.



Councilor Turner Pugh said when the media was talking about it on the

news, they were saying to people that this was their only chance to have a

public hearing, but said when it comes before this Council, it will also be a

public hearing and it still has to go through the same process. She said people

will still have an opportunity to have input and said she would encourage

anyone who has any questions or input to send it to the City Manager?s office

now.



City Manager Cavezza said there are some underlying currents about some

misinformation with the Tree Ordinance and said the trend is to go to somebody

to talk about this rather than come to the public forum. He said those who were

at or saw the public forum last time on television, it was a very professional

event and everyone treated everyone properly and said, hopefully that is the

mode that we will have for our public forums.



He said the first reading is the time when people need to express

themselves because this is a very important decision for Columbus. He said all

elements needs to be heard on this.



Some ten minutes of discussion continued on this subject, with several

members of the Council expressing their views, after which City Manager Cavezza

and Mayor Peters responded to those questions and concerns of the Council.



Councilor Allen said when we replace a tree, we need to make sure that we

look at replacing it with something that was comparable to what was there, but

don?t distort the home site or the landscape of that site.

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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) Letter from Clerk of Council Washington to Mr. Mark Oropeza

requesting three nominees for the expired term of Mr. James R. Alexander on the

Airport Commission.



(2) Memorandum from Clerk of Council Washington, Re: Board of

Historic & Architectural Review.



(3) Memorandum from Clerk of Council Washington, Re: Board of

Zoning Appeals.



(3) Biographical Sketch of Dr. Burch Gill Cameron, Councilor Poydasheff?s

Nominee for the position of Dr. James R. Thorsen on the Emergency

Management Advisory Board.



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CLERK OF COUNCIL

WASHINGTON AND ADOPTED BY THE COUNCIL:



A Resolution (54-02) - Excusing Councilor Julius Hunter, Jr., from the

February 12, 2002 Council Meeting. Councilor Suber moved its adoption. Seconded

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

present at the time 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:



Board of Tax Assessors, Number 4.

Community Development Advisory Council, December 18, 2001.

Council Briefing, February 5, 2002.

Employees? Pension Plan, Board of Trustees, November 7, 2001.

Historic & Architectural Review Board, January 14, 2002.

Taxicab Commission, November 7, 2001.

Taxicab Commission, December 5, 2001.

Taxicab Commission, January 9, 2002.

Water Commissioners, Board of, December 11, 2001.

Zoning Appeals, Board of, January 23, 2002.



Councilor Allen then made a motion that these minutes be received.

Seconded by Councilor Henderson and carried unanimously by those nine members

of Council present for this meeting.



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THE FOLLOWING NEW ZONING APPLICATION, RECOMMENDED FOR DENIAL BY BOTH THE

PLANNING ADVISORY COMMISSION AND THE PLANNING DIVISION WAS SUBMITTED BY CLERK

OF COUNCL WASHINGTON AND RECEIVED BY THE

COUNCIL:



Petition submitted by Flowers Construction Company to rezone approximately

21.2 acres of property located at 8921 Blackmon Road from an A-1 District to an

R-1 District. (6-D-02-Flowers Construction Co.)



Mayor Pro Tem Rodgers made a motion to receive the petition. Seconded by

Councilor Allen and carried unanimously by those nine members of Council

present for this meeting.



Mayor Peters asked if we tell them that they must request a public hearing

within a certain period of time, or it?s a dead issue, to which Clerk of

Council Washington responded that they have seven days from when the Council

receives the petition, to ask for a public hearing.



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BOARD APPOINTMENTS:



BUILDING CONTRACTORS EXAMINING BOARD:



Clerk of Council Washington again advised that the term of office of Mr.

Sam Hartin on the Building Contractors Examining Board expired on December 31,

2001 and that he cannot succeed himself. She then asked if there were any

nominations, but there were none.



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CIVIC CENTER ADVISORY BOARD:



Clerk of Council Washington asked if there were any nominees from

Councilor Woodson or Mayor Pro Tem Rodgers, for their respective Council

Districts.



Councilor Woodson nominated Ms. Mary Walker-Crooks as her nominee for

Council District Seven. Clerk of Council Washington then advised that Ms. Mary

Walker-Crooks may now be confirmed. Councilor Turner Pugh so moved. Seconded by

Councilor Allen and carried unanimously by those nine members of Council

present for this meeting.



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COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



Clerk of Council Washington pointed out that all the required nominations

have been made on the Community Development Advisory Council with the exception

of Council District Seven. She said we are still waiting on Councilor Woodson?s

representative for someone to succeed Rev. Joseph Roberson.



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EMERGENCY MANAGEMENT ADVISORY BOARD:



Clerk of Council Washington pointed out the term of office of Mr. James

Thorsen and Mr. Mark Adams on the Emergency Management Advisory Board expired

on December 31, 2001 and they cannot succeed themselves.



Clerk of Council Washington then pointed out that Councilor Poydasheff is

nominating Dr. Burch Cameron to succeed Mr. James Thorsen. Councilor Poydasheff

then made a motion that Dr. Cameron be confirmed. Seconded by Mayor Pro Tem

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

this meeting.



She also pointed out that Mr. David Grindle is no longer a resident of

Muscogee County and that the Council must appoint someone to take his position

on this board.



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LAND BANK AUTHORITY:



Clerk of Council Washington pointed out that Ms. Patricia Hedges is no

longer a resident of Muscogee County and then pointed out that the Council must

name a replacement for her seat. Councilor McDaniel then nominated Mr. William

Baird. She said she would bring this back on next week for the Council?s

confirmation.



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RECORDER?S COURT JUDGE:



Clerk of Council Washington pointed out that on last Councilor Allen

nominated Mr. James A. Messner to succeed Mr. Mark Shelnutt as Recorder Pro

Tempore of Recorder?s Court. She said if there are no objections, Mr. Messner

may now be confirmed. Councilor McDaniel then so moved. Seconded by Councilor

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

this meeting.

BOARD OF TREE EXPERTS:



Clerk of Council Washington once again pointed out the term of office of

Mr. Donald Campbell on the Board of Tree Experts expired on December 31, 2001

and that he is not eligible to succeed himself. There were no nominations.



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ZONING PETITIONS:



City Attorney Fay said on the zoning ordinance, it states that if there is

no appeal made, the Council will not consider a new application for rezoning

until a lapse of six months for a different classification or one year for the

same classification. He said the same rules apply.



Mayor Peters then asked what is the point that someone can withdraw an

application without it being in jeopardy. City Attorney Fay said he believes it

is three days after the Planning Advisory Commission.



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***



EXECUTIVE SESSION:



Regarding an earlier request of City Manager Cavezza to go into an

executive session, Mayor Pro Tem Rodgers made a motion to allow the Council to

go into an executive session, to discuss a personnel issue. Seconded by

Councilor Poydasheff and carried unanimously by those nine members of Council

present for this meeting.



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***



FINE HOST, INC. CONTRACT:



City Manager Cavezza said regarding an earlier question of Councilor

Henderson said that we extended Fine Host?s contract through June the last

time, to get it through the hockey season and then we will readdress it.



*** ***

***



Mayor Peters then asked if there was anyone who wanted to be heard prior

to the Council adjourning its regular session to go into an executive session.

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



*** ***

***

At 10:30 A.M., the Council adjourned its regular session to allow the

Council to go into an executive session to discuss a personnel issue.



At 11:12 A.M., the Council reconvened its regular session.



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TREE ORDINANCE:



Councilor Suber said he received a e-mail from Mr. Jack Pezold on the Tree

Ordinance and then asked City Manager Cavezza to respond.



City Manager Cavezza said Mr. Mike Gaymon had indicated to him that some

of his members were concerned about the Tree Ordinance and additional cost.

He said Mr. Milton Jones briefed the Chamber Board on the Tree Ordinance

and said that subject didn?t come up, but said there had been some

communication subsequent to that reiterating the concern about additional cost.

He said he made the point to Mr. Gaymon, to have his people speak up and come

to the public forums and express their concerns so that it can be addressed. He

said the strength of the Tree Ordinance Committee is that there are developers

on that committee, and said he thinks it has a fair balance.



Mayor Peters said he also received a copy of the e-mail, which talks about

the cost and said in most cases, it will be somewhat lengthy.



City Manager Cavezza said Mr. Jones did some research and responded back

to Mr. Pezold?s e-mail. He said there would be some cost to do the project,

which he alluded to in the e-mail, but said it is an investment. He said the

Tree Ordinance that is being proposed is a very conservative ordinance and said

it is not retroactive.



He said they need to raise their concerns publicly and the Council needs

to hear these concerns because ultimately it is the Council that will decide

which way it goes.



*** *** ***



With the news media now being back in the Council Chambers, Mayor Peters

pointed out that there were no votes taken in the executive session and said we

talked about a personnel issue.



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TRAINS:



Councilor Turner Pugh expressed some concerns about the trains that come

early in the morning on Buena Vista Road. She said it is ridiculous when you

try to come out Buena Vista Road to get on MLK Boulevard at 8:00 a.m. in the

morning coming downtown and the train is there.



City Manager Cavezza said they are not getting good responses from the

railroad and they have pretty much turned a deaf ear to us. He said he would

take a trip and find someone who is a decision maker to address these concerns.

He said we really do need to do more with the scheduling of those trains.



Mayor Peters said we need an overpass, however, City Manager Cavezza said

that is in the plans, but said that is a long way off.



*** ***

***



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

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

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

meeting, with the time being 11:18 A.M.



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Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia