Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

OCTOBER 8, 2002





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

to order at 9:00 A.M., Tuesday, October 8, 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 John J. Rodgers were

Councilors R. Gary Allen, Glenn Davis, Berry Henderson, Julius H. Hunter, Jr.,

Charles E. McDaniel, Jr., Evelyn Turner Pugh, Richard Smith, and Evelyn

Woodson. Councilor Nathan Suber took his seat at the table at 9:02 a.m. 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 Pastor Mae Letha Bell- Open Door Church of Deliverance.



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PLEDGE OF ALLEGIANCE: Led by Mayor Peters.

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?CHAMPION OF CITIES AWARD":



With Mr. Jim Higdon, Executive Director of the Georgia Municipal

Association, Mr. Lamar Norton from Georgia Municipal Association and State

Senator George Hooks standing at the Council table, Councilor Turner Pugh read

from the Champion of Georgia Cities Award Certificate that was to be presented

to State Senator George Hooks by Mr. Jim Higdon and Mr. Lamar Norton as

representatives of the Georgia Municipal Association. All ten members of

Council present stood to express their appreciation.



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RETURN OF CITY MANAGER CAVEZZA:



Mayor Peters welcomed the presence of City Manager Cavezza, who was absent

last week due to a medical reason.



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MINUTES: Minutes of the October 1, 2002 Meeting of the Council of the

Consolidated Government of Columbus, Georgia were not available at the time of

this meeting.

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PROCLAMATIONS:



?COLUMBUS HOSPITALITY MONTH?:



With Mr. Franko Brady, General Manager of Fine Host at the Columbus Trade

Center, and others standing at the Council table, Councilor Hunter read Mayor

Peters? proclamation, proclaiming the month of October as ?Columbus Hospitality

Month?, in Columbus, Georgia.



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?COLUMBUS 4-H MONTH?:



With Ms. Von Baker, Columbus 4-H Council 4-H Agent, Nateisha Dean,

President and Vice President Vontez Laws of 4-H County Council, and other

members of 4-H standing at the Council table, Councilor Turner Pugh read Mayor

Peters? proclamation, proclaiming the month of October as ?Columbus 4-H Month?,

in Columbus, Georgia.



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?VALLEY READS MONTH?:



With Ms. Wanda Edwards, Program Director for the Chattahoochee Valley

Regional Library System, Dr. Carlos Dew, Founding Director of Carson McCullers

Center for Writers and Artist of Columbus State University and others standing

at the Council table, Councilor Henderson read Mayor Peters? proclamation,

proclaiming the month of October as ?Valley Reads Month?, in Columbus, Georgia.



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?CARSON MCCULLERS MONTH?:



With Dr. Carlos Dew, Founding Director for the Chattahoochee Valley

Regional Library System, and those individuals that were before the Council on

the previous proclamation remained standing at the Council table while Mayor

Pro Tem Rodgers read Mayor Peters? proclamation, proclaiming the month of

October as ?Carson McCullers Month?, in Columbus, Georgia. The members of

Council were then presented with a copy of the book that was written by Ms.

Carson McCullers titled ?The Heart is a Lonely Hunter?.



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CITY ATTORNEY?S AGENDA:



AT THE REQUEST OF COUNCILOR TURNER PUGH, THE FOLLOWING RESOLUTION WAS

CALLED AS THE NEXT ORDER OF BUSINESS AS SUBMITTED BY CITY ATTORNEY FAY AND READ

IN ITS ENTIRETY BY COUNCILOR TURNER PUGH AND ADOPTED BY THE COUNCIL:







A Resolution (554- 02) - Conveying condolences to the family of Mr. John

Holt Moye who passed away on September 7, 2002.



Councilor Turner Pugh 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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AT THE REQUEST OF COUNCILOR TURNER PUGH, THE FOLLOWING ZONING ORDINANCE

WAS CALLED AS THE NEXT ORDER OF BUSINESS AS SUBMITTED BY CITY ATTORNEY FAY AND

ADOPTED BY THE COUNCIL ON SECOND READING:



An Ordinance (02-100) - Rezoning approximately 3.3 acres of property

located at the northwest side of Arkansas Drive, the northwest corner of

Arkansas Drive and Anglin Road, and the southwest corner of Claymore Road and

Anglin Road from an R-1A District to an R-4 District. (41-CA-02-McGee)



Mayor Pro Tem Rodgers moved approval. Seconded by Councilor Smith and

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



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ZONING PUBLIC HEARINGS:



THE FOLLOWING ORDINANCE AMENDING THE ZONING ATLAS OF COLUMBUS, GEORGIA WAS

SUBMITTED BY CITY ATTORNEY FAY AND INTRODUCED ON FIRST READING AND A PUBLIC

HEARING WAS HELD AS ADVERTISED:



An Ordinance - Rezoning approximately 2.444 acres of property located at

the west end of South Stadium Drive, from an R-1 District to an R-4 District.

(51-CA-02-Developers-Investors, Inc.)



PROPONENTS & OPPONENTS:



City Attorney Fay indicated that the petitioner was present, but he made

no presentation since there was no one present to voice any objections.



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CITY ATTORNEY?S AGENDA:



THE FOLLOWING TWO ORDINANCES WERE SUBMITTED BY CITY ATTORNEY FAY AND

ADOPTED BY THE COUNCIL ON SECOND

READING:



An Ordinance (02-101) - Amending the Elections & Registration FY03 Budget

from $666,647 to $676,647; accepting $10,000 from the Office of the Secretary

of State and authorizing four part-time election technicians (G-4) positions

through November 5, 2002. Councilor Allen moved its adoption. Seconded by

Councilor McDaniel and carried unanimously by those ten members of the Council

present for this meeting.



An Ordinance (02-102) - Regulating vehicular traffic in Columbus, Georgia

by establishing no parking anytime along the north curb of 32nd Street from the

east curb of 12th Avenue to the east curb of Pierpoint Avenue; authorizing the

installation of official traffic control signs indicating "No Parking Anytime";

and repealing any conflicting ordinances. Councilor McDaniel moved its

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

members of the Council present for this meeting.



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THE FOLLOWING TWO ORDINANCES WERE SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND THE PUBLIC HEARING WAS CONTINUED FROM LAST WEEK:



An Ordinance - Revising the organizational chart for the Columbus

Department of Fire and Emergency and Medical Services; and amending the

position Classification Plan and Pay Plan of the Consolidated Government as

specified on the attached organizational chart and list of authorized staffing.



An Ordinance - Revising the promotional procedures for the Columbus

Department of Fire and Emergency Medical Services; and for other purposes.



City Attorney Fay advised that a new amended copy would be passed around

the table that adds a couple of new definitions that Fire Chief Roy Waters has

requested and also in Section 11-17.5 the eligibility requirements have some

wording changes, but the substitute amendments that were approved last week are

already incorporated in the new copy and have been highlighted.



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NOTES: Mayor Pro Tem John J. Rodgers left this meeting at approximately 9:40

a.m.

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For clarification purposes, Mayor Peters maintained that we are not

lowering the educational standards for the Fire Department. He explained that

anyone that was hired after 1997 still has to have the college. He said that

the amendment was only for people that were hired; whereby, the college was not

a condition of their employment prior to 1997.



City Manager Cavezza called attention to the EMS position, which would

move under the Operations Deputy Chief. He said that he does not believe that

point was highlighted last week, but it is in the organizational chart; that is

a significant piece of this ordinance.



City Attorney Fay was asked to provide a review of the changes that are

listed in the ordinance, at which time, he outlined each amendment as

highlighted in the new copy and are as follows:



Sec. 11-17.3. Definitions:



Eligibility date: ?The eligibility date for promotional testing for

the ranks of Fire Sergeant, Fire Lieutenant, Fire Captain, EMS Lieutenant, EMS

Captain, and Fire Battalion Chief shall be December 20, 2002 for the first

promotional cycle under this ordinance. For the second promotional cycle, the

eligibility date shall be twelve (12) months after the effective date of this

ordinance.?



Responding to Mayor Peters, City Attorney Fay explained that December 20,

2002 would be the cut-off date for all of the ranks to meet the requirements.

City Attorney Fay advised that the second cycle would be effective twelve (12)

months from the effective date of this ordinance, which as it stands now, would

be October 15, 2002 of next year.



E.M.S. Officer: ?The ranks of EMS Lieutenant and EMS Captain?.



Fire Officer: ?The ranks of Fire Lieutenant, Fire Captain, and Fire

Battalion Chief.



Integrated Ranks: ?The ranks of Lieutenant, Captain and Battalion

Chief?



Proficiency for Fire Apparatus Operations: ?Performance-based

examination administered by the Department of Fire and Emergency Medical

Services Training Division.





Sec. 11-17.4. General Provisions.





(c) Each promotional rank contained herein shall have a separate promotional

roster. Promotional rosters established in calendar year 2003, shall expire at

midnight on December 31, 2003. Beginning in the calendar year 2004, said

promotional rosters shall be established with a duration life of twelve (12)

months. As such, each promotional roster established on or after January 1,

2004, shall have an initial duration life of twelve (12) months from the date

on which it is established. The initial duration life may be extended an

additional twelve (12) months at the time of the promotional announcement at

the discretion of the Chief and the Human Resources Director.



Sec. 11-17.5. Eligibility for promotions.



(b) For promotion to Fire Sergeant. To be eligible to participate in the

promotional procedure for Fire Sergeant, the employee must hold a firefighter

certification and successfully complete the Proficiency in Fire Apparatus

Operations test administered by the Department's Division of Fire Training.

Each promotional candidate shall be provided an opportunity to pass the

Proficiency for Fire Apparatus Operations test only once during any promotional

cycle. Further, each promotional candidate must have served on an engine or

other fire apparatus at least 30 shifts for 2003, 35 shifts for 2004, and 40

shifts for 2005 in the year immediately preceding the eligibility date or have

served on an engine or fire apparatus for fifteen (15) of the previous

thirty-six (36) months and thereafter (except these requirements shall not

apply to personnel who have chosen a career path in Fire Prevention or

Training), AND



Responding to Councilor Suber?s concerns, City Attorney Fay maintained

that it was decided to recommend shifts as opposed to percentage. He explained

that it was easier from a record-keeping standpoint. Fire Chief Roy Waters,

said that this would be close to the percentage and it would tie in regardless

of the person?s seniority; therefore, this would make it fair across the board

for everybody regardless of how long a person has been employed.



After Fire Chief Waters explained the definition of fire apparatus, he

also responded to a question from Councilor Allen regarding the paramedics

being afforded the opportunity to ride on the fire apparatus. He indicated

that he had this information in writing for the members of Council this morning

regarding our plans of addressing how this would be done, when it is going to

be implemented and where the paramedics would be assigned.



Councilor Allen suggested that the definition of fire apparatus be

included in the ordinance, at which time, City Attorney Fay replied that this

is not a substantial change and could be incorporated into the ordinance.



(b) For promotion to Fire Sergeant. To be eligible to participate in the

promotional procedure for Fire Sergeant, the employee must hold a firefighter

certification and successfully complete the Proficiency in Fire Apparatus

Operations test administered by the Department's Division of Fire Training.

Each promotional candidate shall be provided an opportunity to pass the

Proficiency for Fire Apparatus Operations test only once during any promotional

cycle. Further, each promotional candidate must have served on an engine or

other fire apparatus at least 30 shifts for 2003, 35 shifts for 2004, and 40

shifts for 2005 in the year immediately preceding the eligibility date or have

served on an engine or fire apparatus for fifteen (15) of the previous

thirty-six (36) months and thereafter (except these requirements shall not

apply to personnel who have chosen a career path in Fire Prevention or

Training), AND



City Attorney Fay advised that we need a motion to incorporate the

definition for fire apparatus, which is an engine company, ladder company or

squad company. Councilor Suber so moved. Seconded by Councilor Turner Pugh

and carried unanimously by those nine members present for this vote with Mayor

Pro Tem Rodgers having already left the meeting.



? For promotion to Fire Lieutenant.



(1) Hold an Associate's Degree (or equivalent two-year degree) or have a date

of service prior to September 16, 1997 AND a total of two (2) continuous years

serving as a Fire Sergeant or EMS Lieutenant (EMS Captains who meet the

certification and degree requirements are therefore also eligible).



Councilor Henderson maintained that there should be some type of

compensation for those individuals that went back to school to get some

additional education. He said that there should be some weight given by adding

some points at the testing level for those individuals that have a degree. He

then asked if making this type of change would put us in a precarious

position? City Attorney Fay replied that he does not have any case law on

that, but if a flat percentage or flat bonus across the board for whatever

level of education we are referring to, he does know that it would be a

particular legal problem.



Councilor Henderson then made a motion to compensate those individuals who

did go back to get the education as follows: Associate?s Degree by 1%,

Bachelor?s Degree by 3% and Master?s Degree by 4%. Seconded by Councilor

Turner Pugh.



Mayor Peters cautioned that we continue to mention compensation. He

reminded everyone that they are being compensated with pay when they acquire a

four-year degree; therefore, we are referring to promotional purposes only.

Councilor Henderson agreed that he is not referring to compensation or

increasing the pay of those individuals, but maybe crediting them on the final

score out of the testing facility.



The motion as restated by Councilor Henderson is to credit those

individuals who did go back to get the education as follow: Associate?s Degree

by 1%, Bachelor?s Degree by 3% and Master?s Degree by 4%.



Councilor Suber contended that he would be opposed to voting on this

matter at this time with the consultant not being present to defend his

recommendation. He pointed out that the consultants stated that they would be

unable to justify the procedures of his testing and did not agree with giving

an additional weight to the educational portion.



After some additional discussion on this matter with various Councilors

expressing their views, City Manager Cavezza pointed out that when we first

started talking to the consultants about this, the major concern was for those

firefighters who did what they were asked to do, and that was fixed by putting

an additional time and grade requirement at every rank; although, Council has

voted to take it out beyond the first rank. He said he believes that was the

intent to fix it at that level. He pointed out that for example, in the Police

Department, an individual does not get promotion points for having a Master?s

Degree or Bachelor?s Degree; therefore, we don?t assess that anywhere else in

the City, so this would be a new thing. He said that if the concerns are for

those individuals that went back to earn their degree then he would suggest

that we look at the consultants first suggestion and let the time and grade

requirement stay for a while and this would remove us from any other possible

concerns of litigation, unfair testing or inappropriate weighing.



Mayor Peters clarifying the motion, stated that if an individual got the

college prior to 1997; then, that individual would have points added onto the

final score for promotional purposes, but those that got the college after 1997

would not receive any points added to their final score. Councilor Henderson

said that was the original motion, but he would amend it, based on the City

Attorney?s assessment, that this would put us in a difficult situation to

defend. City Attorney Fay advised that everybody would be treated the same for

those education credits as long as that individual possesses the degree by the

eligibility date; therefore, they would be eligible to get the points as stated

on the exam. Mayor Peters pointed out that if the Council does that; then,

they would actually be giving those people points for something that they have

to do anyway, because after 1997, they would have to have the college to get

hired, so, there would be no reward to those individuals that went back to get

the college.



Councilor Henderson said that for his original motion, we were told that

we could not legally support that. City Attorney Fay advised that legally, we

would rather defend the position where they are all cut off at a certain date.

Councilor Henderson then said that he would not amend his original motion and

asked City Attorney Fay to check to see if there are any case laws that says

that we could not do that; so, let?s keep it to the prior to 1997.



Mayor Peters pointed out that we would get something in writing from the

consultant along with a legal opinion for the members of Council by Friday.

Councilor Allen asked about an approximate number of people we are referring

to, at which time, a gentleman seated in the audience stated that there are

approximately eighty-nine people. There was still some uncertainty about the

number of people who went back to school to acquire college degrees and were

employed prior to 1997, at which time, Chief Waters said that he would provide

an updated survey and distribute that information in the Council?s packet by

Friday. Councilor Allen then asked that City Attorney Fay look at a sunset

provision for that amendment to see if that would assist in having a smooth

transition.



Councilor Smith asked for the reason as to why we are voting on this

motion today, when we have asked the City Attorney to bring back a legal

opinion. Councilor Woodson then expressed her concerns with voting on this

matter today. Mayor Peters called attention to the motion, which resulted in

an inconclusive number of votes for action. Councilors Allen, Henderson and

Turner Pugh voted for the motion and all others present voting against the

motion with Mayor Pro Tem Rodgers having left the meeting.



Sec. 11-17.8. Appointed Ranks



Personnel who hold an appointed provisional rank, including fire prevention and

training appointees, shall, upon their reassignment to the Operations Division,

revert to the rank they held prior to receiving their appointed rank. Personnel

holding positions of appointed rank that elect to participate in the

promotional process and are promoted from a promotional roster shall hold that

promoted rank upon their reassignment to the Operations Division. Personnel

holding an appointed provisional rank shall only be eligible to compete for the

next higher position held prior to their provisional appointment. Personnel

holding the positions of Battalion Chief, Fire Marshal or Training Chief on the

effective date of this ordinance shall be considered to hold the permanent rank

of Battalion Chief.



Sec. 11-17.14. Position of Deputy Chief.



(d) The candidate must have completed the Executive Development Program as

conducted by the Georgia Public Safety Training Center or the National Fire

Academy and shall complete said Program within two years after appointment.

Personnel holding this position on the effective date of this ordinance shall

complete said program within two years.



City Attorney Fay briefly mentioned that the program this portion is

referring to is the executive program.



Sec. 11-17.17. Rank Structure, Discontinuance of EMS Lieutenant and EMS

Captain promotional process.



(a) All EMS Officers will be required to participate in and successfully

complete the promotional process for each promotional fire rank up to and

including the fire rank equivalent to their current rank. Upon completion of

this process and meeting the minimum eligibility requirements, the EMS Officer

will have achieved the permanent rank status of an integrated officer at that

rank. Upon achieving the status of an integrated officer, the candidate may

then obtain eligibility and compete for promotion to the next highest

integrated rank.



(b) All Fire Officers will be required to successfully complete E.M.T. training

and achieve and maintain state certification in order to achieve the integrated

officer rank. Upon completion of this process and meeting the eligibility

requirements, the Fire Officer will have achieved the permanent rank status of

an integrated officer at that rank. Upon achieving the status of an integrated

officer, the candidate may then obtain eligibility and compete for promotion to

the next highest integrated rank. Implementation of this requirement shall be

based on the Department?s ability to provide E.M.T. training to all field

personnel.



(c) This process will not reduce the current number of allocated positions for

the rank of Captain or Lieutenant. Thus, the total number of Lieutenants,

whether EMS, Fire or integrated, will equal the total number of EMS and Fire

Lieutenants combined. Thus, the total number of Captains, whether EMS, Fire,

or integrated, will equal the total number of current EMS and Fire Captains

combined.



(d) The department will discontinue conducting an EMS promotional process after

the 2005 promotional cycle. An integrated promotional process will be

developed as soon as practicable. Implementation of this requirement shall be

based on the Department?s ability to provide appropriate opportunities for all

field personnel to receive appropriate cross training.



City Attorney Fay briefly explained that the above mentioned paragraph

were the additional paragraphs added, after approval by the Council, because of

a memorandum provided by EMS Chief David Arrington.



City Attorney Fay concluded that these were all of the major changes that

were voted on last week.



Fire Chief Waters asked about the intent of the Council regarding the

passing point to be determined prior to announcing in Section 11-17.6(c) under

Certification of Eligibility. Mayor Peters agreed that it is important that

those individuals taking the exam and going through the process know in advance

what the cut-off score is going to be. City Attorney Fay advised that the

passing point has got to be put in the position announcement, which has to be

distributed at least 45 days prior to administration of promotional procedures

right now. He added that the passing point determination would be made by the

Fire Chief and Human Resources Director in consultations with the

Administrator. Councilor Suber then made a motion that the passing point for

the written test be 70. Seconded by Councilor Turner Pugh. Councilor

Henderson asked if everyone that makes 70 or higher on the written test would

go forward to the Assessment Center, at which time, Councilor Suber confirmed

that this is correct.



There was continued discussion on this matter with several members of

Council expressing their views regarding the motion on the table. In response

to some comments made by Councilor Allen, Fire Chief Waters advised that there

would be eighteen vacancies this year, at the end of October. He then

expressed his concerns with changing the passing score each year, because

people are going to be suspect of whether this is being changed to include or

exclude somebody. He maintained that he believes that if a person cannot

demonstrate 70% competency; then, he or she is not ready for a promotion.

Councilor Henderson then made a substitute motion to require the score of 70 or

above to be considered eligible for the assessment center. Seconded by

Councilor Turner Pugh.



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NOTE: Councilor Allen left the meeting at this point in the proceedings with

the time being 10:37 a.m.

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After some additional discussion on this matter, Mayor Peters called

attention to the substitute motion to require the score of 70 or above to be

considered eligible for the assessment center. There was an inconclusive vote

for action. Councilors Henderson and Turner Pugh voted for the motion and all

other Councilors voting against the motion with Mayor Pro Tem Rodgers and

Councilor Allen having already left the meeting and Councilor McDaniel being

absent for this vote.



Mayor Peters then called upon the original motion that the passing point

for the written test be 70. There was an inconclusive vote for action.

Councilors Suber and Woodson voted for the motion and all other Councilors

voting against the motion with Mayor Pro Tem Rodgers and Councilor Allen having

already left the meeting and Councilor McDaniel being absent for this vote.



Councilor Turner Pugh asked why wouldn?t the Public Safety Director have

some input into the certification eligibility. City Attorney Fay advised that

the Public Safety Director could; it is a policy call. Councilor Turner Pugh

then made a motion that the Public Safety Director be added regarding input of

the certification eligibility. Seconded by Councilor Hunter and carried

unanimously by those six members present at the time of this vote with Mayor

Pro Tem Rodgers and Councilor Allen having already left the meeting and

Councilors McDaniel and Woodson being absent for this vote.



Chief Henry Hall, representing the Columbus Firefighter?s Association,

came forward to state that they want the education points to matter, and that

be made a part of the ordinance, and not at someone?s discretion. He said that

Mr. Hornick, one of the consultants with CWH Consulting Firm, is for Chief

Waters to have discretion to use education point as a factor to be considered

during promotions. Mayor Peters pointed out that Chief Waters has stated that

he is going to use a straight rank order.



Sec. 11-17.7. Promotional decisions.



The Chief shall consider the examination scores on each participant, as well as

such other job-related matters including, but not limited to education,

seniority, performance evaluations, disciplinary actions, commendations and

examination/performance-based assessment scores.



Councilor Turner Pugh asked if it was more appropriate to say ?may?

instead of ?shall? consider the examination scores? City Attorney Fay replied

that it could be done to make it totally flexible.



Councilor Turner Pugh then made a motion that the word ?shall? be replaced

with the word ?may?. Seconded by Councilor Suber and carried unanimously by

those seven members present at the time of this vote with Mayor Pro Tem Rodgers

and Councilor Allen having already left the meeting and Councilor Davis being

absent for this vote.



Chief Hall asked the members of Council to review the pages provided by

the Firefighter?s Association regarding educational incentives and take their

recommendations into consideration. He then responded to questions from

Councilor Henderson.



Lieutenant Glen Bahde, representing the Firefighter?s Association, came

forward and asked if this ordinance would be on first reading for next week.

Mayor Peters advised that he believes the Council is saying that they are going

to leave it on second reading next week.



Mr. Bahde reinforced the sentiments of Chief Hall regarding the

educational points. He said that this would motivate everyone to go back to

get their degrees.



Mayor Peters asked about the gentleman that was present last week with

Attorney Bill Mason, Chief Hall identified the gentleman as being Captain Alan

Davis. Mayor Peters said that it was his understanding that this individual

was talking about he could not be promoted, but he has been offered two

promotions that he has turned down, because he did not want to work eight-hour

shifts.



Mayor Peters reminded those individuals seated in the audience that the

organizational chart is a separate ordinance on first reading. He then asked

if anyone wanted to be heard on that matter.



At this time, no one else came forward and City Attorney Fay declared that

this public hearing has been held.

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NOTE: See below some additional discussions on this matter.

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THE FOLLOWING ORDINANCE WAS SUBMITTED BY CITY ATTORNEY FAY AND INTRODUCED

ON FIRST READING AND A PUBLIC HEARING WAS HELD AS ADVERTISED:



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

144 ? 28th Avenue (John O. Barwick, III, owner), 20 Mathews Street (Angeline M.

Cole, owner), 1649 Elvan Avenue (Murtuza Ali Khan, owner), and 3751 Cusseta

Road, Lt. 184 (Betty Martin, owner), and for demolition services for the

Inspections and Code Division in accordance with the Tabulation of Bid sheet.



Mr. John Barwick, III, owner of 144-28th Avenue, came forward to say that

he wanted to get some income rehab from the City, but at that time, we could

not get it under the program, because the City did not have any funds

available. He said this year the City has just put the Rehab funds back in

place, and he would like to proceed with this project. Mayor Peters determined

that not only do you want to get it done, but also you want the City to pay for

it now after two years, at which time, Mr. Barwick agreed with this comment.

Mr. Barwick said this property is a good candidate for the Rehab Program and a

good rental property. He owns houses on both sides of this property and across

the street. He pointed out that he has done other rehabs before using funds

from the City?s Rehab Program and bank funds.



When asked by Mayor Peters what is he requesting from Council, Mr. Barwick

suggested a six-months extension, but pointed out that he would take whatever

extension the Council would give. Councilor Smith asked about the condition of

the house and if it is structurally sound. Ms. Rebecca Wiggins, from the

Inspections and Code Enforcement Division gave the members of Council a brief

description of the deficiencies of this property.



Mayor Peters asked the members of Council if anyone wanted to make a

motion regarding the request for an extension. There were none. At this time,

Mayor Peters advised Mr. Barwick that this matter would be voted on next

Tuesday.



Mr. Murtuza Ali Khan, came forward and stated that his building is located

at 1649 Elvan Avenue. He said this was a Laundromat that had burned down. He

said that he is suppose to be the owner, but ?they? don?t want to transfer the

deed into his name. He said that he has put $30,000. into fixing the building

and it is now 80% complete.



Ms. Wiggins came forward and advised that this building burned on or prior

to August of 2001. She maintained that the owner of the real property came to

the hearing and stated that he would voluntarily tear the building down. She

pointed out that Mr. Khan owns the business there, which was a Laundromat. She

added that Mr. Khan bought a repair permit to do some repairs, and he has put

up some roof framing in November of 2001; he has not done any more work to it

since then, until after he received this last letter.



In response to a question of Councilor Turner Pugh, Ms. Wiggins pointed

out that we sent a letter to the owner of the real property and to the owner of

the business. Mr. Bill Duck, Inspection & Code Enforcement, advised that he

does not know what their legal agreement is, but on the tax records it shows

both names; therefore, we were bound to send it to both parties.



Councilor Henderson said that he would not vote to take this off of first

reading, but if Mr. Khan could come up with a deed where the property has been

signed over to him and some type of commitment from a bank or some other

reputable source of funding; then, he would be willing to vote for an

extension. Mr. Khan advised that this is not enough time and requested six

weeks.



After some additional discussion on this matter, Mayor Peters said that in

order to keep it clean, he suggested that the Council delay this ordinance on

first reading for two weeks. Mr. Duck concurred with the suggestion of the

Mayor. Councilor Suber made a motion to allow Mr. Khan two weeks to prove to

the Inspections & Code Enforcement Division that he is both the owner of the

property and a financial means of fixing the property by way of a bank or

financial institution. Seconded by Councilor Woodson and carried by a vote of

seven to one with Councilor Turner Pugh voting no and all others present voting

yes with Mayor Pro Tem Rodgers and Councilor Allen having already left the

meeting.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND INTRODUCED ON FIRST

READING:



An Ordinance - Regulating vehicular traffic in Columbus, Georgia by

enacting an eight (8) hour parking time limit along the east curb of Front

Avenue from the north curb of 10th Street to the south curb of 13th Street and

along the west curb of Front Avenue from the north curb of 10th Street to the

south curb of 12th Street; authorizing the installation of official traffic

control signs indicating an eight hour parking time limit; repealing

conflicting ordinances and for other purposes.



*** *** ***



THE FOLLOWING SEVEN RESOLUTIONS WERE SUBMITTED AND THEIR CAPTIONS READ BY

CITY ATTORNEY FAY AND ADOPTED BY THE COUNCIL:



A Resolution (555-02) - Declaring that there is a need and necessity to

immediately acquire title to lands under the provisions of O.C.G.A. ? 32-3-1

et. seq., authorizing the Mayor and City Manager to order the acquisition of

said lands for county road and/or municipal street purposes (Georgetown/Amber

Drive Road Widening Project), and authorizing the filing of a Declaration of

Taking by the City Attorney or his representatives for the acquisition of said

lands under the authority. (Seven Resolutions are included for seven separate

parcels of property.) Councilor McDaniel moved its adoption. Seconded by

Councilor Suber and carried unanimously by those eight members present with

Mayor Pro Tem Rodgers and Councilor Allen having already left the meeting.



A Resolution (556-02) - Declaring that there is a need and necessity to

immediately acquire title to lands under the provisions of O.C.G.A. ? 32-3-1

et. seq., authorizing the Mayor and City Manager to order the acquisition of

said lands for county road and/or municipal street purposes (Georgetown/Amber

Drive Road Widening Project), and authorizing the filing of a Declaration of

Taking by the City Attorney or his representatives for the acquisition of said

lands under the authority. Councilor McDaniel moved its adoption. Seconded by

Councilor Suber and carried unanimously by those eight members present with

Mayor Pro Tem Rodgers and Councilor Allen having already left the meeting.



A Resolution (557-02) - Declaring that there is a need and necessity to

immediately acquire title to lands under the provisions of O.C.G.A. ? 32-3-1

et. seq., authorizing the Mayor and City Manager to order the acquisition of

said lands for county road and/or municipal street purposes (Georgetown/Amber

Drive Road Widening Project), and authorizing the filing of a Declaration of

Taking by the City Attorney or his representatives for the acquisition of said

lands under the authority. Councilor McDaniel moved its adoption. Seconded by

Councilor Suber and carried unanimously by those eight members present with

Mayor Pro Tem Rodgers and Councilor Allen having already left the meeting.



A Resolution (558-02) - Declaring that there is a need and necessity to

immediately acquire title to lands under the provisions of O.C.G.A. ? 32-3-1

et. seq., authorizing the Mayor and City Manager to order the acquisition of

said lands for county road and/or municipal street purposes (Georgetown/Amber

Drive Road Widening Project), and authorizing the filing of a Declaration of

Taking by the City Attorney or his representatives for the acquisition of said

lands under the authority. Councilor McDaniel moved its adoption. Seconded by Councilor Suber and carried

unanimously by those eight members present with Mayor Pro Tem Rodgers and

Councilor Allen having already left the meeting.



A Resolution (559-02) - Declaring that there is a need and necessity to

immediately acquire title to lands under the provisions of O.C.G.A. ? 32-3-1

et. seq., authorizing the Mayor and City Manager to order the acquisition of

said lands for county road and/or municipal street purposes (Georgetown/Amber

Drive Road Widening Project), and authorizing the filing of a Declaration of

Taking by the City Attorney or his representatives for the acquisition of said

lands under the authority. Councilor McDaniel moved its adoption. Seconded by

Councilor Suber and carried unanimously by those eight members present with

Mayor Pro Tem Rodgers and Councilor Allen having already left the meeting.



A Resolution (560-02) - Declaring that there is a need and necessity to

immediately acquire title to lands under the provisions of O.C.G.A. ? 32-3-1

et. seq., authorizing the Mayor and City Manager to order the acquisition of

said lands for county road and/or municipal street purposes (Georgetown/Amber

Drive Road Widening Project), and authorizing the filing of a Declaration of

Taking by the City Attorney or his representatives for the acquisition of said

lands under the authority. Councilor McDaniel moved its adoption. Seconded by

Councilor Suber and carried unanimously by those eight members present with

Mayor Pro Tem Rodgers and Councilor Allen having already left the meeting.



A Resolution (561-02) - Declaring that there is a need and necessity to

immediately acquire title to lands under the provisions of O.C.G.A. ? 32-3-1

et. seq., authorizing the Mayor and City Manager to order the acquisition of

said lands for county road and/or municipal street purposes (Georgetown/Amber

Drive Road Widening Project), and authorizing the filing of a Declaration of

Taking by the City Attorney or his representatives for the acquisition of said

lands under the authority. Councilor McDaniel moved its adoption. Seconded by

Councilor Suber and carried unanimously by those eight members present with

Mayor Pro Tem Rodgers and Councilor Allen having already left the meeting.



*** *** ***



THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND READ IN THEIR ENTIRETY BY

CITY ATTORNEY FAY AND ADOPTED BY THE COUNCIL:



A Resolution (562-02) - Expressing appreciation to Truman Wilson, upon his

retirement with the Engineering Department after 27 years of service.

Councilor Suber moved its adoption. Seconded by Councilor Turner Pugh and

carried unanimously by those eight members present with Mayor Pro Tem Rodgers

and Councilor Allen having already left the meeting.



A Resolution (563-02) - Expressing appreciation to Rad Delaroderie, upon

his retirement with the Columbus Police Department after 25 years of service.

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

unanimously by those eight members present with Mayor Pro Tem Rodgers and

Councilor Allen having already left the meeting.



*** *** ***



DEPARTMENT OF FIRE & EMS:



City Manager Cavezza advised that EMS Chief David Arrington would like to

address the members of Council. Councilor Henderson moved that he be heard.

Seconded by Councilor Suber and carried unanimously by those eight members

present with Mayor Pro Tem Rodgers and Councilor Allen having already left the

meeting.



EMS Chief David Arrington, called attention to Section Two that deals with

the organizational structure and also deals with the implementation of an

incentive program for paramedic pay. He complimented the concept of this

program, but expressed concerns regarding the method in which that program

would be implemented that has caused some concerns. He pointed out that the

method results in the paramedic incentive being deducted from the current base

salary of the paramedic; then, it would stand alone as a separate incentive.

He explained that in doing so, when future cost-of-living or percentage

increase in pay are given to the employees of the government, that incentive

would not qualify for that percentage of increase; therefore, the EMS employees

felt that this is not a good process and would like to have this incentive

treated in the same respect as the educational incentives previously adopted by

Council; thereby, being rolled into their base salary.



? The Columbus Consolidated Government Pay Plan shall be amended to include

Paramedic Certification Pay for personnel of the Department of Fire and

Emergency Medical Services who are certified and licensed by the state of

Georgia as Paramedics; and, who are actively working as Paramedics, supervising

the work of Paramedics or providing emergency medical training to department

personnel. Paramedic Certification Pay shall be an independent component of

the qualifying employees total compensation separate from the base salary,

shall not be included in merit or other pay adjustments to the basic salary but

shall be included in the computation of overtime as prescribed by the Fair

Labor Standards Act. The dollar amount of Paramedic Certification Pay shall

vary based upon the rank of the employee and said amount may be adjusted from

time to time upon the recommendation of the Human Resources Director and the

authorization of the Columbus Council.



At this time, EMS Chief Arrington responded to various questions from the

Mayor and members of Council. City Manager Cavezza pointed out that the

concern is that the Grade 13 paramedics would roll back to Grade 10, but when

they receive the $5,000. bonus, they would be making more money then they would

be at a Grade 13; therefore, they would not lose any money in the short run.



EMS Chief Arrington maintained that the paramedics would be hired at a

Grade 10 and would be compensated for that paramedic certification; therefore,

could we not compensate that individual as part of their base pay that amount;

so that, when annual increases are given, it would apply to his entire

compensation and not just a portion. City Manager Cavezza contended that he

believes the consultants recommended it this way, because they foresee this as

a qualification that could be obtained and rewarded for and not to become part

of the base pay.



After some additional discussion on this matter, City Manager Cavezza

added that initially the difference is $4,000. when we roll back the Grade 13

to a Grade 10, and the reason the extra $1,000. was cranked in was to

compensate for this type of situation. Human Resources Director Tom Barron,

briefly explained that the extra $5,000. counts for everything including the

overtime calculations. Mayor Peters pointed out that a percentage increase

would not include the $1,000. but the base salary.



EMS Chief Arrington explained that the biggest issue is that they would

lose the opportunity to generate the percentage raises on a portion of their

income that is currently a part of their base salary, but after this is

adopted, would only be an incentive. Mayor Peters clarifying the matter

pointed out that EMS Chief Arrington is requesting both the $1,000. and to

remain at Grade 13.



With various Councilors expressing their views on this matter, Councilor

Suber made a motion to reduce the paramedic pay from $5,000. down to $4,000.;

thereby, they would receive the same cost-of-living increases as the other

employees. Mayor Peters said a simpler way to state the motion would be to

allow the paramedics to stay where they are and anyone that goes back to get

the paramedic degree, their salary would go up to the same as everyone else

that has a paramedic degree. In response to a question of Councilor Suber,

Mayor Peters contended that the $4,000. is already in there. Mayor Peters then

reminded EMS Chief Arrington that this would be without that $1,000. EMS Chief

Arrington determined that he did not want to cost the paramedics to lose

$1,000. He then thanked the members of Council for their consideration.

Councilor Suber indicated that we would leave the ordinance as it reads now in

this regard. (The motion was withdrawn.)



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

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

PUBLIC AGENDA:



THERE WAS NO ONE LISTED ON THE PUBLIC AGENDA TODAY.



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

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

CITY MANAGER?S AGENDA:



THE FOLLOWING RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND ADOPTED BY THE

COUNCIL:



A Resolution (564-02) - Authorizing the mayor, city manager, finance

director, and other officials of Columbus to take such actions as is necessary

for the financing of certain capital outlay projects to be used for the

governmental, proprietary, and administrative purposes of Columbus; to request

that the Columbus Building Authority take any preliminary steps necessary for

the issuance of Columbus Building Authority lease revenue bonds in the

aggregate principal amount of approximately $44,200,000, exclusive of the costs

of issuance; to declare the official intent of Columbus to borrow for such

projects, and for other purposes. Councilor McDaniel moved its adoption.

Seconded by Councilor Smith and carried unanimously by those seven members

present with Councilor Turner Pugh being absent for this vote and Mayor Pro Tem

Rodgers and Councilor Allen having already left the meeting.



A Resolution (565-02) - Authorizing the traffic engineer to temporarily

close Bay Avenue from 11th Street to 12th Street and 12th Street from Bay

Avenue to Front Avenue to thru traffic and reroute traffic to accommodate the

construction of the Riverside Office Building and parking garage for a period

of time estimated to be eighteen months; authorizing the city to lease 50

parking spaces along the west curb of Front Avenue between 11th Street and 13th

Street to the W.C. Bradley Company. Councilor McDaniel moved its adoption.

Seconded by Councilor Smith and carried unanimously by those seven members

present with Councilor Turner Pugh being absent for this vote and Mayor Pro Tem

Rodgers and Councilor Allen having already left the meeting.



A Resolution (566-02) - Authorizing the abandonment of an existing

ten-foot drainage and utility easement as shown located at 3951 Biltmore Drive

on the plat entitled lot 2, block "c", section 4, Biltmore Forest to John

Fiske. Councilor Suber moved its adoption. Seconded by Councilor Woodson and

carried unanimously by those seven members present with Councilor Turner Pugh

being absent for this vote and Mayor Pro Tem Rodgers and Councilor Allen having

already left the meeting.



A Resolution (567-02) - Authorizing the acceptance of a deed to Cherry

Wood Drive located in Section Sixteen, Sweetwater Village on behalf of

Columbus, Georgia. Councilor Suber moved its adoption. Seconded by Councilor

McDaniel and carried unanimously by those seven members present with Councilor

Turner Pugh being absent for this vote and Mayor Pro Tem Rodgers and Councilor

Allen having already left the meeting.



*** *** ***



THE FOLLOWING THREE 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

PURSUANT TO THE ADOPTION OF A SINGLE MOTION MADE BY COUNCILOR SUBER AND

SECONDED BY COUNCILOR WOODSON, WHICH CARRIED UNANIMOUSLY BY THOSE SEVEN MEMBERS

OF COUNCIL PRESENT FOR THIS VOTE (Councilor Turner Pugh was absent for this

vote and Mayor Pro Tem Rodgers and Councilor Allen having already left the

meeting):





A Resolution (568-02) - Authorizing the contract for welding/metal

fabrication services from J & W Metal Fabricating, Inc., for the estimated

annual contract value of $55,000.00.



A Resolution (569-02) - Authorizing the execution of a contract for pest

control services with Orkin Pest Control for the estimated annual contract

value of $11,247.00.



A Resolution (570-02) - Authorizing the contract for veterinarian services

in the amount of $37.50 per hour, not to exceed $700 per month and the

provision of drugs and other medical supplies on an as needed basis@ in the

estimated annual contract value of $9,000.00 per year from Cooper Creek Petcare

Hospital.



*** *** ***



THE FOLLOWING ADD-ON TEMPORARY STREET CLOSING NOT LISTED ON THE AGENDA WAS

SUBMITTED AND EXPLAINED BY THE CITY MANAGER CAVEZZA AND WAS APPROVED BY THE

COUNCIL:





An application for a temporary street closing for First Avenue between 9th

and 10th Street for a Paramount Pictures Movie. Councilor McDaniel moved its

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

members present with Mayor Pro Tem Rodgers and Councilor Allen having already

left the meeting.



*** *** ***



LEGISLATIVE APPRECIATION:



City Manager Cavezza reminded the members of Council about the Legislative

Appreciation that would be held tonight at 6:00 p.m.



*** *** ***



BUENA VISTA ROAD RESURFACING:



Councilor Suber thanked City Manager Cavezza and Deputy City Managers

Richard Bishop and Isaiah Hugley for overseeing the resurfacing of Buena Vista

Road around the AFLAC area and also on Buena Vista Road all the way out to

I-185. He also noticed that the lights are on and shining brightly during the

night on I-185 coming south from Macon Road all the way down.

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

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

CLERK OF COUNCIL'S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR AND

COUNCIL:



(1) Memorandum from Clerk of Council Washington, Re: Animal Control Advisory

Board.



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

Convention & Trade Center Authority.



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



(4) Letter from the Georgia Department of Human Resources Mental Health, Mental

Retardation and Substance Abuse advising that the Region 9 Office would be

administering the granting of Substance Abuse Prevention funding for two

programs.



*** *** ***



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY

CLERK OF COUNCIL WASHINGTON AND ADOPTED BY THE COUNCIL:



A Resolution (571-02) - Approving the report of the Finance Director of

those alcoholic beverage licenses that were approved and/or denied during the

month of September. Councilor Henderson moved its adoption. Seconded by

Councilor McDaniel and carried unanimously by those eight members present for

this meeting.



*** *** ***



SENATORIAL DISTRICTS:



Councilor Suber asked if the Senatorial Districts have changed as far as

the redistricting is concerned and if not, when does that go into effect?

Clerk of Council Washington advised that she would prepare a response next week.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE COUNCIL:



Board of Tax Assessors, Number 38.

Family & Children Services Board, September 25, 2002.

Taxicab Commission, September 4, 2002.



Councilor McDaniel made a motion to receive these minutes. Seconded by

Councilor Suber and carried unanimously by those eight members of Council

present for this meeting.



*** *** ***



BOARD APPOINTMENTS:





HISTORIC & ARCHITECTURAL REVIEW BOARD:



Clerk of Council Washington advised that Mr. Phillip Ford has resigned

from the Historic & Architectural Review Board; he was serving as a

representative from the Home Builder?s Association. Clerk of Council Washington

advised that we would need to wait to receive a recommendation from the

association.



*** *** ***







RECREATION ADVISORY BOARD:



Clerk of Council Washington pointed out that Mr. Robert Wetzel was serving

on this board, but has since been appointed to the Civic Center Advisory

Board. She said that we need someone for Council District Two.



*** *** ***



TAXICAB COMMISSION:



Clerk of Council Washington advised that we still need a nominee for the

newly created at-large position on the Taxicab Commission.



*** *** ***



YOUTH ADVISORY COUNCIL:



Clerk of Council Washington pointed out that the Council could confirm

Councilor Henderson?s nomination of Alex Salyers. Councilor McDaniel moved

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

members of Council present for this meeting.



Councilor Woodson asked if a letter of appreciation was sent to those

individuals that previously served on the Youth Advisory Council? She pointed

out that colleges are now asking for that information in their applications for

scholarships and grants about youth participation in organizations within the

community. Deputy City Manager Hugley responded by saying that we concluded

last year with an Appreciation Reception Banquet at the Trade Center and gave

each person who had served on the Youth Advisory Council recognition and

appreciation certificate; this is all that has been given to the students.



*** *** ***



CONVENTION & TRADE CENTER AUTHORITY:



Mayor Peters pointed out that the term for Mr. Alfred Hayes on the

Convention and Trade Center Authority would be expiring. He said that Mr.

Hayes is requesting to be reappointed.



*** *** ***



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

Peters asked if there was anyone seated in the audience that had a matter to

bring before the Council. There was no one. Mayor Peters maintained that we

would get all the information together from the consultants on the promotional

ordinance, and he would also meet with Chief Arrington regarding the bonus for

the paramedics.



Councilor McDaniel then moved to adjourn. Seconded by Councilor Suber and

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

with the time being 12:25 P.M.



*** *** ***







Sandra T. Davis,

Deputy Clerk of Council

The Council of Columbus, Georgia