Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

AUGUST 5, 2003



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

called to order at 9:00 A.M., Tuesday, August 5, 2003, on the Plaza Level of

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

Mayor, presiding.



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

Councilors Wayne Anthony, Glenn Davis, Julius H. Hunter, Jr., Berry H.

Henderson, Charles E. McDaniel, Evelyn Turner Pugh, Nathan Suber and Evelyn

Woodson. City Manager Carmen Cavezza, City Attorney Clifton Fay, Clerk of

Council Tiny B. Washington and Deputy Clerk Sandra Davis were also present.



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ABSENT: Councilor R. Gary Allen was absent, but was officially excused upon the

adoption of Resolution Number 391-03.



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INVOCATION: Offered by Reverend David Holston, Pastor of Elizabeth Missionary

Baptist Church.



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PLEDGE OF ALLEGIANCE: Led by Mayor Robert S. Poydasheff.

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CITY OF CHARACTER:



Mr. Ed Wilson, Executive Assistant to the Mayor came forward to announce

the Columbus City of Character word for the month of August.

He said we are indeed a City of Character and in that terminology, we express

our ideas and aspirations.



He said the character word for the month of August is ?loyalty?. He said

some related words to practice and ponder are ?friendship?, ?cheerfulness? and

?respect for others?.



Mr. Wilson said we are advised to standby, support and protect our family,

friends, employer, community and country with loyalty.

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PROCLAMATIONS:



?PROJECT SHARE?:



With Ms. Ivelisse Cabrera standing at the Council table, Councilor Anthony

read Mayor Poydasheff?s proclamation, proclaiming August 4, 2003, as ?Project

Share Day?, in Columbus, Georgia.



Councilor Anthony said having worked with persons who are struggling

financially, at times, this has been an excellent program for being able to

help people specifically.



He said he would like to thank all those citizens who willingly share one

dollar, two or three dollars from their utility bill to help those with a very

special need.



Mayor Poydasheff said there are many things that we can?t control, but we

really can?t have it within ourselves to do certain things to help people;

however, there are two things that we can do. (1) We can pray for their

health, help and assistance and (2) We can reach out with a dollar or more to

assist those who are less fortunate than we are.

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CITY ATTORNEY?S AGENDA:



WITH THE FAMILY OF MR. GEORGE MAHLON HUTTO, JR., STANDING AT THE COUNCIL

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

AND ADOPTED BY THE COUNCIL:



A Resolution (381-03) - Conveying condolences to the family of Mr. George

Mahlon Hutto, Jr. who passed away on April 27, 2003. Councilor McDaniel moved

its adoption. Seconded by Councilor Hunter and carried unanimously by those

nine members of Council present for this meeting.



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WITH COACH BOBBY HOWARD AND MEMBERS OF THE COLUMBUS HIGH SCHOOL BASEBALL

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

ENTIRETY BY COUNCILOR HENDERSON AND ADOPTED BY THE COUNCIL:







A Resolution (382-03) - Commending and congratulating the Columbus High

School Blue Devils upon their outstanding 2003 season. Councilor Henderson

moved its adoption. Seconded by Councilor McDaniel 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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CRIME STOPPERS? NATIONAL NIGHT OUT:



Sergeant Warren Dunlap, Ms. Jennifer Lowman, Ms. Shelia Salters, and Ms.

Stacey Stone appeared to invite the Mayor and members of the Council to attend

the National Night Out event,



Sergeant Dunlap said the Crime Stoppers Board has partnered with the

Columbus Police Department to help promote National Night Out, which is an

initiative started by the National Neighborhood Watch Association. He said this

is the 20th year this has been going on around the Country and said this will

be the fourth year that they have had the opportunity to participate in

Columbus, Georgia.



He said there would be two convoys that will be leaving the Public Safety

Complex on Thursday, August 7th at 6:00 p.m. and said they will be going to

visit neighborhoods throughout the City. He said the purpose of this is to

heighten crime prevention in the neighborhoods and to encourage neighbors to

start working together.



Sergeant Dunlap said we are hopeful that this will snowball and eventually

we will have the entire City of Columbus involved in the National Night Out and

it won?t be a one-day event per year, but will be an everyday event with

neighbors leaning on each other.

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MAYOR?S INTERNATIONAL GALA:



Mayor Poydasheff asked City Manager Cavezza to commend the Civic Center

staff for their outstanding work that they did in making the Mayor?s

International Gala on Saturday night, as well as the International Festival on

Sunday a resounding success that it was.



He said it was a great event, which highlighted that Columbus is not the

Columbus that we remember in the 50s & 60s, but it is an International City

with International Corporations and people from all parts of the Country,

working, playing, studying and living here. He said it is something that we are

going to continue, with a great deal of credit going to former Mayor Bobby

Peters and Ed Wilson of the Mayor?s staff, who thought of the concept and

started it a few years ago.

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MINUTES: Minutes of the July 29, 2003 Meeting of the Council of the

Consolidated Government of Columbus, Georgia was submitted and approved upon

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

Councilor Suber, which carried unanimously by those nine members of Council

present for this meeting.

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CITY ATTORNEY?S AGENDA CONTNUED:



THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND AFTER SOME DISCUSSION WAS AMENDED BY THE COUNCIL AND THEN ADOPTED ON SECOND

READING:





An Ordinance (03-61) - Rezoning approximately 32.18 acres of property

located at the northeast corner of Williams Road and Whitesville Road from an

A-1 District to a C-3 and an A-0 District. (15-CA-03-Dykes Development Co.,

Inc.)



City Attorney Fay said he distributed around the Council table an

ordinance that includes an additional condition. He said this matter was

discussed somewhat on last week and the petitioner has agreed to this condition

as it relates to a buffer. He said we need a motion to add this amendment.



Mayor Poydasheff then pointed out that this is not a material change.



Councilor Woodson then made a motion to amend the ordinance to add the

condition. Seconded by Councilor Henderson and carried unanimously by those

nine members of Council present for this meeting.



City Attorney Fay said that condition requires the Category ?B? buffer to

be put along the northern property line of the parcel rezoned A-O.



Mayor Pro Tem Rodgers then moved the adoption of the ordinance, as

amended. Seconded by Councilor McDaniel.



Councilor Davis said he appreciates working with the developer, as well as

the residents and said he feels that they were able to work towards a common

goal.



He said he appreciates the developers working to address the concerns of

the residents. He said he would hope that we are able to get that traffic

light out there very soon.



Councilor Henderson said he spoke with Mr. White about the buffer and said

he actually indicated that he had assumed that it was subject to the buffer

ordinance anyway; therefore, he didn?t have a problem with it.



He said he had received two telephone calls from people who had heard a

news reporting of the process that the traffic improvements would be subsequent

to the development, but said that is not the case. He said the traffic

improvements would be implemented, including signalization and the widening of

turn lanes on Williams Road and the north/south end of Whitesville Road prior

to those developments being done.



Councilor Henderson said prior to that development being completed, we

will have some of the problems during peak traffic times lessened.



Councilor Suber pointed out that those traffic improvements are being paid

for by the developer. City Manager Cavezza pointed out that we have a

public/private partnership arrangement.



At the request of Councilor Suber, City Attorney went into more details

and outlined what the options are in a Category ?B? buffer.



Councilor Davis said he would like to continue to stress the need for

more classrooms in the area, with all these new children coming into the area.

He said he thinks this is a priority. He said it may be interesting to some,

but said it?s definitely a need, subject to all the development in the area. He

said he thinks that is one of the major concerns of the residents out there in

the community, is that we provide more classrooms for their kids and follow-up

on some of the commitments that have been made in the past.



Mayor Poydasheff said he and City Manager Cavezza are meeting with the

leadership of the School System on Thursday and said that they will bring that

up.



After more than ten minutes of discussion on this subject, the question

was then called on Mayor Pro Tem Rodgers? earlier motion to adopt the

ordinance, as amended, which was seconded by Councilor McDaniel and then

carried unanimously by those nine members of Council present for this

meeting.



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THE FOLLOWING TWO ZONING ORDINANCES WERE ALSO SUBMITTED AND EXPLAINED BY

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







An Ordinance (03-62) - Rezoning approximately 6.56 acres of property located at

the southeast corner of Williams Road and Whitesville Road from an A-1 District

to a C-3 District. (16-CA-03-Woodruff) Mayor Pro Tem Rodgers moved its

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

members of Council present for this meeting.



An Ordinance (03-63) - Rezoning approximately 0.82 acres of property

located at 2744 Warm Springs Road from an R-1A District to an A-0 District.

(17-CA-03-Cols. Cardiology Assoc., P.C.) Councilor McDaniel moved its

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

nine members of Council present for this meeting.



TRAFFIC ON WHITESVILLE/WILLIAMS ROAD:



Councilor Henderson said he wants to point out for the record that we are

continuing to pursue the option with the Department of Transportation, to share

that curb cut with the Welcome Center. He said this would leave us with the

least amount of impact. He said if they are able to do that, we can signalize

those two roads that are opposite to each other and we would have fewer curb

cuts along Williams Road.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND AFTER SOME DISCUSSION OF THE COUNCIL WAS ADOPTED ON SECOND READING AFTER

BEING AMENDED BY THE COUNCIL:



An Ordinance (03-64) - Amending Columbus Code Section 13-115 by providing

that a certified mail notice shall be sent to nonresident property owners who

violate the provisions of Columbus Code Section 13-113 (unauthorized

accumulation of weeds) and that if the owner fails to comply within a period of

ten days from the date of mailing of such notice, the Director of Public

Services shall proceed to clean the property and that the costs of such

cleaning shall constitute a lien against the property.



Mayor Pro Tem Rodgers said that he would like the author to consider the

10-day date of notice, because sometimes it takes 5-days to get a notice

delivered. He said he certainly doesn?t want to protract the process and then

asked if we should consider inserting in the ordinance, from receipt or from a

second attempt to deliver notice. He said if someone lives out of state, even

though it is certified mail, it still could take five or six days to reach

someone. He said he thinks it would be manifestly unfair to give them two or

threes days to respond to get it cut.



City Manager Cavezza said if the intent is from receipt, then we need to

clarify that in the ordinance.



Mayor Pro Tem Rodgers said he don?t think that we should limit it to

receipt, because some people are going to ignore them or send them back, saying

they never received them, but said we could insert the words, second attempt to

deliver or a time certain. He said you may get several of them back

undelivered, so he don?t want to put receipt in there because that would leave

it wide open.



City Manager Cavezza said we are trying to tighten it up, because we are

really dealing with some issues, most of them that is very non-responsive and

in fact, were trying to tighten up the line. He said in the case of due

process, if that is an issue or where more time is needed, we could address

that.



Mayor Pro Tem Rodgers said the 10-days doesn?t bother him, but should we

say 10-days from either receipt of or the second attempt to deliver.



Councilor Turner Pugh, author of the ordinance, said that she did not have

a problem with that wording.



Mayor Pro Tem Rodgers then made a motion to amend the ordinance. Seconded

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

present for this meeting.



City Manager Cavezza said what this does is really tightens up on

landowners who are not responsive and don?t take care of their property. He

said this will basically tell them once a year that if they don?t take care of

their property, then we will do it for them and put a lien on the property and

after the second lien, we will start to consider selling the property to recoup

our money.



Mayor Pro Tem Rodgers said we need to make sure that we are up to date on

the home addresses of the owners and don?t send them to the rental property.



After several minutes of discussion on this matter, with members of the

Council expressing their views, Mayor Pro Tem Rodgers then made a motion to

adopt the ordinance, as amended. Seconded by Councilor McDaniel and carried

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



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND INTRODUCED ON FIRST

READING:



An Ordinance - Repealing Section 16B-15-7 of the Columbus Code (Military

Leave) and replacing it with Human Resources Policy Number 220-401 (Military

Leave Policy).



City Attorney Fay said this will allow for a one-year benefit period for

those called to active duty.



Mayor Poydasheff said he and City Manager Cavezza got together and he came

up with what they think is a fair, equity and moral policy that the City should

adopt. He said when any of our City employees are called up for active duty in

time of a natural emergency or war declared by Congress that if they are in a

Grade from E-4 or below and their military pay is less than what they would be

receiving if they worked for the City, then we will supplement their pay for a

year.



City Manager Cavezza said that the Council has the option of extending

that and they will designate that period of time they think is appropriate and

said it is not automatic when someone is activated.



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PROPOSED APARTMENT PROJECT:



Councilor Woodson said there is a situation that she knows of where there

was a piece of residential property that has been torn down and now they are

building a duplex apartment with approximately three or four apartments in

there; however, there are no parking spaces around. She said those people who

will rent these apartments will have to park on the street and then asked if

that is legal.



City Attorney Fay said if it is a new use, they would have to get a

Certificate of Occupancy and approval from the Building Inspector?s Office. He

said they would have to have a minimum number of parking spaces.



Councilor Woodson said she is concerned because this contractor came to us

to get an area rezoned to build an apartment complex and he didn?t build the

apartment complex there, but went a couple of yards down where there was an

empty lot and is building a smaller number of units. She said this really

concerns her because there is nowhere for the residents to park.



City Attorney Fay said it is controlled in the zoning ordinance, as there

is a minimum number of parking spaces required for new uses. He said he would

check it out.



Councilor Woodson then asked if we rezone a parcel of land for a specific

project, could that individual change that project without coming back before

this Council.



City Manager Cavezza said if it is rezoned the same thing, but if there is

a change in the zoning and they are building an apartment in an R-1 area, they

would have to get that approved, they just can?t do that.



Councilor Woodson said that they were going to build an apartment

building, but said now they want to change the use to a day care center.



City Manager Cavezza said they would have to come back to the Council,

because that would be a Special Exception Use; however, Mayor Pro Tem Rodgers

said not necessarily, because it depends on what zone it is in.



Discussions continued on this matter, with City Manager Cavezza and City

Attorney Fay responding to further questions of the Council.



Councilor Woodson then asked that City Manager Cavezza send someone out to

take a look at this project, because she thinks that there are some things that

are being done incorrectly.



City Manager Cavezza said we would need to follow-up on that specific

case. He said they would need a building permit and that would be checked as

part of the building permit.



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THE FOLLOWING RESOLUTION WAS SUBMITTED AND DELAYED BY THE COUNCIL, AT THE

REQUEST OF ITS SPONSOR, COUNCILOR

HUNTER:



A Resolution - Commending and congratulating the Columbus Blazers

Basketball Team and Coaches upon their championship victory in the 2003 Youth

Basketball of America Tournament.



City Attorney Fay said we would bring this resolution back at a later date

at the request of Councilor Hunter.

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PUBLIC AGENDA:



MR. RAND JONES & MR. KEN GREEN, REPRESENTING ZAXBY?S RESTAURANT, RE: TO

INTRODUCE THE NEW ZAXBY?S RESTAURANT ON BUENA VISTA ROAD:



Mayor Poydasheff said Mr. Jones and Mr. Green have postponed their

appearance before the Council on tonight, but would be here on next week.

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CITY MANAGER?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND ADOPTED BY THE

COUNCIL:



A Resolution (383-03) - Authorizing the City Manager to submit, and if

approved accept a grant of up to $1,940,632 from the Georgia Emergency

Management Agency funded through the Homeland Security Grant Program and amend

the Multi-Governmental Fund 216 by $1,940,632 or the actual amount funded

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

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

meeting.



A Resolution (384-03) - Authorizing the City Manager to enter into a

Community Partner Agreement with KaBoome, W.C. Bradley Company and Home Depot

to erect a playground system at Benning Hills Park, requiring a $7,000 match

from the City of Columbus, which will be funded through the 1993 SPLOST.

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

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

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

time being 6:10 p.m.



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City Manager Cavezza said there were some key players in this agreement,

which includes Councilor Wayne Anthony, the W. C. Bradley Company and Home

Depot. He said Ms. Susan Wiggins of the Bradley Company is present here

tonight.



Councilor Hunter said we really do need to say kudos to W. C. Bradley and

Home Depot because they really are good citizens and the children out in

Benning Hills Park are really going to benefit from their generosity.



He then called for a resolution and asked the City Attorney to prepare a

resolution thanking W. C. Bradley and Home Depot for their assistance in the

community Partnership Program for a playground that will be built at the

Benning Hills Park.



Ms. Susan Wiggins of the Bradley Company then appeared and said they

appreciate the opportunity to participate in this project with Home Depot, as

they have built a large number of these playgrounds across the nation; so, they

are truly making a difference in communities where they do business. She said

they are also partnering with the Parks & Recreation Department on this project.



She said on September 25th, the playground will be built in conjunction

with the House of Heroes Project and said they welcome any of the Council

members to join them and help put it up.



Councilor McDaniel said he doesn?t think that the public realizes what all

these companies do for Columbus because often times it is not publicized what

they do. He said they do so much for the community and he would hate to think

what Columbus would be if it wasn?t for all the companies that participate with

us and help us. He said it is truly amazing what all they do.



Councilor Anthony said he would also like to thank the W. C. Bradley

Company, Home Depot and KaBoome, but said he would also like to express

gratitude to Deputy City Manager Hugley and the Parks & Recreation Department,

as they moved quickly on an opportunity to do something for our community,

which shows great public/private partnership which is indicative of our City.



City Manager Cavezza recognized the presence of Cammie Curry and Kim

Dawkins of Parks & Recreation, who was also a key player in this project.



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THE FOLLOWING FOUR PURCHASING RESOLUTIONS, HAVING BEEN INCLUDED WITH THE

CITY MANAGER?S AGENDA WERE ALSO 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 MCDANIEL, WHICH CARRIED

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

COUNCILOR WOODSON HAVING ALREADY LEFT THE

MEETING:





A Resolution (385-03) - Authorizing the purchase of thirty-five hundred

(3,500) arena stack chairs from Krueger International, Inc., (KI), in the

amount of $273,000.00, plus freight charges, via Georgia Statewide Contract

#S-020728.



A Resolution (386-03) - Authorizing the execution of a contract with Grant

Environmental Contractors, Inc., to provide erosion damage repair, due to

flooding, at the Columbus Riverwalk.



A Resolution (387-03) - Authorizing the purchase of traffic safety

equipment from Safety Zone Specialists, Inc., for the estimated annual contract

value of $34,826.55. The equipment, which includes: barricades, barricade

lights, traffic cones, drums, safety flags, etc., will be purchased by the

Public Services Department on an ?as needed? basis.



A Resolution (388-03) - Authorizing payment to DataWorks Plus, LLC, in the

amount of $12,191.00, for the annual maintenance agreement for the mug shot

system. The vendor will provide 24/7 maintenance support for the mug shot

system utilized by the Sheriff?s Department. The maintenance period will be

for one year, from August 1, 2003 through July 30, 2004.



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CLEANUP OF THE RIVERWALK:



Councilor Davis asked, how dies it look with us receiving State and

Federal funds with the assistance to help cleanup the damage on the Riverwalk..



City Manager Cavezza said it is not good at this point. He said he was

told initially that there was probably going to be funds to help do this, but

we have since been told because a State emergency was not declared, then those

funds are not available. However, we are still working with GEMA and FEMA

trying to get some help with that.



Councilor Davis then asked, if we are prepared to meet the challenge of

getting everything back in order, to which City Manager Cavezza responded,

saying they haven't given up in trying to get some assistance.



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1993 SPLOST PROJECTS:



Councilor Suber said an issue was addressed this afternoon, as far as what

the City hasn't done as it relates to the 1993 SPLOST projects and what

particular items are outstanding. City Manager Cavezza said on September 25th,

we are going to have a complete report out on the 1993 SPLOST. He said the only

thing that we haven't finished on the 1993 SPLOST, are the parks that are being

built at Northside Recreation Center. He said until we make sure there are no

change orders, we are not ready to declare all the projects completed; because

there will be some funds left over and said we will use some of those funds for

debt service, subject to the approval of the Council, as well as put some in

other projects that were SPLOST related that we could do, if the Council

desires.



Mayor Poydahseff said he will commit to Councilor Suber that the City

Manager and the Budget Review Chairperson, Councilor Turner Pugh will have it

to the penny, everything that was spent on the 1993 SPLOST, as well as update

the Council on the 1999 expenditures.



Councilor Suber said he would like to apologize to this Council, if he

has gotten any of them in trouble dealing with this one percent sales tax

issue, but said he has said publicly that he is doing the opposition citizens

for Good Government Against the SPLOST based upon the fact that he is a private

citizen and he thinks that he should have the right to address those issues

that are unfair and unjust and said he will continue to do that.



Mayor Poydasheff said even politicians have the right to exercise their

first amendment rights.



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Councilor Davis said he would like to go back and clarify something that

he said earlier and said he didn't mean any harm by it at all. He said he

agrees with a lot of the concerns that Councilor Suber has and other Councilors

as well. He said as a citizen, he truly has concerns about accountability and

making commitments.



He said the point he was trying to make earlier, out of respect for all

his fellow Councilors, is that the district that he represents just happens to

be a high growth area right now and a lot of developments are coming forth. He

said it is true that there is a need for more classrooms for these children. He

said he is a firm believer that both City Government and the School District

needs to do whatever they can to support development and give them the best

possible support that they can.



Councilor Davis said he knows that there were some prior commitments made

and said he doesn't know if that is one of the reasons that we are where we are

today or not. He said he just wanted to let you know that he didn't mean any

disrespect to any of his fellow Councilors of what he said earlier.



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UPCOMING EVENTS:



City Manager Cavezza highlighted some upcoming events, which are outlined

below.





Day

Thurs



Fri

Tues

Thurs







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A. J. MCCLUNG MEMORIAL STADIUM:



Councilor Hunter said with regards to the A. J. McClung Memorial Stadium,

asked City Manager Cavezza where are we, as far as the signage for that

Stadium.



City Manager Cavezza said that we have had some challenges in getting that

sign, but said it will be up before the first high school game.

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CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING TEMPORARY STREET CLOSING APPLICATION WAS SUBMITTED AND

EXPLAINED BY CLERK OF COUNCIL WASHINGTON AND APPROVED BY THE COUNCIL:







Application of Janice Davis to temporarily close 1st Avenue, Broadway and

Front Avenue from the south side of 10th Street to the north side of 11th

Street and 10th and 11th Street from the east side of 1st Ave to the west side

of Front Avenue on Saturday, August 30 from 3:00 a.m. to 2:00 a.m. Sunday,

August 31, 2003 in connection with the ?Columbus In Motion 2003 event.?



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

carried unanimously by those eight members of Council still present, with

Councilor Woodson having already left the meeting.



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THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CLERK OF

COUNCIL WASHINGTON AND ADOPTED BY THE COUNCIL:



A Resolution (389-03) - Approving a special exception use to allow a

daycare center at 1115 Brown Avenue. Councilor Suber moved its adoption.

Seconded by Councilor McDaniel and carried unanimously by those eight members

of Council still present, with Councilor Woodson having already left the

meeting.



A Resolution (390-03) - Receiving the report of the Director of Finance

concerning certain alcoholic beverage licenses approved/denied during the month

of July 2003. Councilor Henderson moved its adoption. Seconded by Councilor

McDaniel and carried unanimously by those eight members of Council still

present, with Councilor Woodson having already left the meeting.



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HISTORIC & ARCHITECTURAL REVIEW BOARD:



Clerk of Council Washington submitted a memorandum from the Secretary of

the Board of Historic & Architectural Review requesting the seat of Mr. Thomas

Pooler be declared vacant. Councilor Henderson so moved. Seconded by Councilor

Turner Pugh and carried unanimously by those eight members of Council still

present, with Councilor Woodson having already left the meeting.



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THE FOLLOWING ADD-ON RESOLUTION WAS ALSO SUBMITTED AND EXPLAINED BY CLERK

OF COUNCIL WASHINGTON AND ADOPTED BY THE COUNCIL:



A Resolution (391-03) - Excusing Councilor R. Gary Allen from the August

5, 2003 Council Meeting. Councilor McDaniel moved its adoption. Seconded by

Councilor Suber and carried unanimously by those eight members of Council still

present, with Councilor Woodson having already left the meeting.



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MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE

COUNCIL:





Historic and Architectural Review, July 14, 2003.

Hospital Authority, May 27, 2003.

Tax Assessors, No. 29.

Zoning Appeals, July 2, 2003.



Councilor Henderson made a motion that these minutes be received. Seconded

by Mayor Pro Tem Rodgers and carried unanimously by those eight members of

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



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THE FOLLOWING NEW ZONING PETITION, RECOMMENDED FOR CONDITIONAL APPROVAL BY

BOTH THE PLANNING ADVISORY COMMISSION AND THE PLANNING DIVISION, WAS SUBMITTED

AND EXPLAINED BY CLERK OF COUNCIL WASHINGTON AND AN ORDINANCE AND PUBLIC

HEARING WAS CALLED FOR BY MAYOR PRO TEM RODGERS:







Petition submitted by Hopegivers International to rezone approximately

11.145 acres of property located at 7300 Old Moon Road from a R-1 District to a

A-O District. (24-CA-03-Hopegivers International)



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THE FOLLOWING NEW ZONING PETITION, RECOMMENDED FOR CONDITIONAL APPROVAL BY

THE PLANNING ADVISORY COMMISSION AND DENIAL BY THE PLANNING DIVISION, WAS ALSO

SUBMITTED AND EXPLAINED BY CLERK OF COUNCIL WASHINGTON AND RECEIVED BY THE

COUNCIL:



Petition submitted by Preston Holdings, LLC to rezone approximately 4.5

acres of property located at 1602 Celeste Drive from a R-1A/R-2 Districts to an

R-3A District. (5-D-03-Preston Holdings, LLC)



Mayor Pro Tem Rodgers moved the petition be received. Seconded by

Councilor Suber and carried unanimously by those eight members of Council still

present, with Councilor Woodson having already left the meeting.



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BOARD APPOINTMENTS:



CONVENTION & TRADE CENTER AUTHORITY:



Clerk of Council Washington pointed out that the Council needs to nominate

someone to succeed Ms. Lori Canterbury on the Convention & Trade Center

Authority. Councilor Turner Pugh then nominated Mr. Frank Etheridge.



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

the Council's confirmation.



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TAXICAB COMMISSION:



Clerk of Council Washington pointed out that we still need someone for Mr.

Gerald Ludwig's at-large seat on the Taxicab Commission. There were no

nominations.



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YOUTH ADVISORY COUNCIL:



Clerk of Council Washington pointed out that she has outlined the

appointments that must be made by the Council for seats on the Youth Advisory

Council and then asked if there were any nominations.

Councilor Suber then nominated Celeste Thomas. Clerk of Council Washington

advised that she may be confirmed. Councilor Suber so moved. Seconded by

Councilor Hunter and carried unanimously by those eight members of Council

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



Mayor Poydasheff then asked if there was anyone present in the audience

who was not listed on the Public Agenda, but had an issue to bring before the

Council, they could be heard at this time.



Ms. Barbara Hale, 4603 Almond Road said she is here to ask the Council for

a public hearing with the Mayor and Council on the power plant issue.



Mayor Poydasheff said he spoke with Ms. Wadesworth on today and said he

told her that he would be delighted to meet with her and anyone she wanted to

meet with them. Ms. Hale said that would be a private meeting.



Mayor Poydasheff said he is not going to call a public hearing, unless the

Council wants to. He said the situation concerning the power plant is out of

the hands of the City. He said the people that are now involved are the State

of Georgia and the Federal Government. He said as he understands it, the

Federal Government has already given their blessings; however, the State of

Georgia has not.



He said to have a public hearing run by the City would be inappropriate

and we really have no say so in that regard, but said he would be delighted to

meet with you and Ms. Wadsworth and anyone else. He said if there is anything

that they can do that they haven?t already done, they would be glad to;

however, he doesn?t know what that could be, because they have already received

a series of questions from Ms. Newsome and they were forwarded by him and the

City Manager.



Ms. Hale said those were local issues. However, Mayor Poydasheff said

those were not in our purview to address. He said there are things about the

questions that he is just not competent to answer, as he is not an engineer. He

said the competent people to answer those questions are the State of Georgia

and the organization and said we have done that.



Ms. Hale said the reason they would like a public hearing is to educate

the Council and the public for further reference.



Mayor Poydasheff told Ms. Hale that she has every right to speak to any

Councilor individually, but said that he is not going to call a public hearing,

but if a Councilor wants to call a public hearing they may do so and we would

accommodate them and give them a place here. He said it is just not within our

authority to argue and stop that plant, as it is within the State?s purview.



Councilor McDaniel said he thinks that Ms. Hale needs to contact the State

Legislators because they represent you as we do and they are the State

representatives. He said he would suggest that she contact them.



Mayor Poydasheff then responded to questions of Ms. Hale as it relates to

the letter that was written to the Attorney General, whereby he suggested that

it either go to a judicial system or that it go back to rezoning.



After further discussion on this matter, Mayor Poydasheff continued to

respond to questions of Ms. Hale after which he pointed out that a public

hearing has already been held by the State of Georgia (EPA) and once again

stated that this Council would just be waving in the wind to hold a public

hearing, because they can do nothing. He said as Councilor McDaniel has

suggested, you have legislators from this area who are in the State of Georgia

and this is a problem with the EPA and he would suggest that your efforts would

be better served instead of targeting the Council, that you need to target the

people that have the authority to do something about that, which is Peace

Valley and said that would be EPA and the State of Georgia.



Ms. Hale said they are in the process of doing that, but said it is just

that they would not want to have to do this again in this County. She said

their reasons for wanting to have a public hearing is to educate the Council

members and the public.



Mayor Poydasheff said there is nothing that prevents Ms. Hale or any of

her people from having a public hearing, but he is not going to call one.



*** *** ***



Mr. Gerald Ludwig also appeared and said he has been working down south

trying to see how the people feel about building and upgrading the south. He

said there are a lot of them that feel like we should have some of the things

in the south side, like we have up north, which is a big shopping mall. He said

if the Council doesn?t mind, he would start pushing for that.



Mayor Poydasheff said we are working on it.



*** *** ***



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

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

and carried unanimously by those eight members of Council still

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

being 6:35 P.M.







Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia