Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

SEPTEMBER 2, 2003





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

called to order at 5:30 P.M., Tuesday, September 2, 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 were Mayor Pro Tem John J. Rodgers

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

Julius H. Hunter, Jr., Charles E. McDaniel, Jr., 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 of Council Sandra

Davis were also present.



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ABSENT: No one was absent.



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INVOCATION: Offered by Mayor Pro Tem John J. Rodgers.



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PLEDGE OF ALLEGIANCE: Led by the Pioneer League All-Stars Softball Team.



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WITH THE PIONEER LEAGUE ALL-STARS SOFTBALL TEAM STANDING AT THE COUNCIL

TABLE, COUNCILOR DAVIS READ THE FOLLOWING RESOLUTION IN ITS ENTIRETY AS

SUBMITTED BY CITY ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON A SINGLE MOTION

MADE BY COUNCILOR DAVIS AND SECONDED BY MAYOR PRO TEM RODGERS, WHICH CARRIED

UNANIMOUSLY BY THOSE TEN MEMBERS PRESENT FOR THIS

MEETING:





A Resolution (416-03) - Commending and congratulating the Pioneer League

All-Stars Softball Team (11 & 12 year-old girls) who recently won the 2003

Major Girls District 8 Championship.



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SOCCER TOURNAMENT:



Councilor Davis informed the members of Council that two of our

competitive soccer teams, this past weekend, did really well and both soccer

teams won their tournament. He then provided some history regarding this

prestigious tournament that is called the "Atlanta Cup Invitationals", which is

one of the top ten tournaments in the country.

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MINUTES: Minutes of the August 26, 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 Allen, which carried unanimously by those ten members of Council

present for this meeting.

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CHARACTER WORD FOR SEPTEMBER:



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

the character word for the month of September. He said that these words come

from the Cities of Character Organization and are suggested for the various

months of the year. He said that the words for September are ?Respect for the

environment? and some related words to practice are as follows: diligence,

stewardship and conservation.

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PROCLAMATIONS:



?THANK YOU FOR WEARING THAT UNIFORM?:



With Mr. Tom Scott, Vice President of the Chamber of Commerce, standing at

the Council table, Councilor Anthony read Mayor Poydasheff?s proclamation,

proclaiming high honor and recognition for members of the United States

Military Forces to ?Thank You For Wearing That Uniform?.



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CITY ATTORNEY?S AGENDA:





WITH SEARGEANT CLINTON EDWARDS, JR. AND MEMBERS OF HIS FAMILY STANDING AT

THE COUNCIL TABLE, COUNCILOR MCDANIEL READ THE FOLLOWING RESOLUTION IN ITS

ENTIRETY AS SUBMITTED BY CITY ATTORNEY FAY AND ADOPTED BY THE

COUNCIL:





A Resolution (417-03) - Commending Sergeant Clinton Edwards, Jr. of West

Central Georgia Regional Hospital for his courageous acts and quick response in

subduing a criminal suspect on the grounds of the hospital. Councilor McDaniel

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

those ten members present for this meeting and standing to cast their

affirmative vote.



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THE FOLLOWING DEMOLITION ORDINANCE, DELAYED FROM THE AUGUST 19, 2003

MEETING, WAS SUBMITTED AND ITS CAPTION READ BY CITY ATTORNEY FAY AND ADOPTED ON

SECOND

READING:





An Ordinance - Providing for the demolition of structures located at 4766

Kolb Avenue 1 & 2 (Robert Huling, owner); 4621 Holly Avenue (Precious Pollard,

owner); and for demolition services for the Inspections and Code Division in

accordance with a Tabulation of Bid sheet.



City Manager Cavezza advised that Mr. Pollard has hired an attorney and we

have received a letter from that attorney discussing the heirs? rights and who

is the rightful owner. He said the attorney believes that by September 19,

2003, he could have the property conveyed to Mr. Pollard, and that a plan for

repair with assurance of proper funding could be completed by October 10,

2003. City Manager Cavezza suggested that the Council approves the second

reading ordinance, but we would hold up any demolition work as long as he meets

these milestones.



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

carried unanimously by those ten members present for this meeting. (A separate

vote was taken for each of the two properties listed in this ordinance.)



When the attorney was asked if his client, Mr. Pollard, understood the

vote of the Council, Attorney Tom Nelson came forward to respond. Mayor

Poydasheff pointed out that normally there is no discussion from the audience

on second reading ordinances; unless, Council takes a vote allowing dialogue.

Councilor Hunter so moved that Attorney Nelson be heard. Seconded by Councilor

Allen and carried unanimously by those ten members present for this meeting.



Attorney Tom Nelson came forward to advise that he is representing Mr.

Pollard in this matter. He said that he believes these dates are reasonable

and achievable.



City Manager Cavezza also commented on the second demolition case that is

listed in the ordinance. He said that Ms. Williams? attorney brought two

letters today; one letter is from her brother, who has indicated that he would

provide the financing for remodeling the house and another letter from

Citifinancial, which reads that Ms. Williams is up-to-date on her payments for

the house. He explained the third document is a construction estimate;

however, the individual who signed it is not a licensed contractor. He added

the individual has indicated $6,500 worth of repairs, and it is only for the

outside of the building. He pointed out there is some work that needs to be

done on the inside of the building as well. He once again suggested that the

Council approve the second reading ordinance for this property, and they have

agreed that by September 9, 2003, they would have a licensed contractor, and at

that time, we would work with them as long as they have a time line. He

maintained that if they do not meet that time line; then, the City would

proceed with the demolition.



Councilor Allen moved its adoption. Seconded by Councilor McDaniel.



Mayor Pro Tem Rodgers expressed his concerns in that a contractor has not

been obtained and Ms. Williams? brother is not a financial institution.



At this time, Councilor Hunter recognized the presence of Attorney Ed

Jenkins, representing Ms. Williams in this matter and asked to hear from him.

As Attorney Jenkins came forward, Councilor Hunter made a motion that Attorney

Jenkins be heard. Seconded by Mayor Pro Tem Rodgers and carried unanimously by

those ten members of Council present for this meeting.



Attorney Ed Jenkins reminded everyone that we went over these same issues

during the first reading. He explained that he has advised Ms. Williams to

wait until we get the property in her name before she puts any money into it.

He maintained the litter in the yard has been cleaned up. He said we are

forging ahead on a lot of issues with Ms. Williams having full understanding of

the procedure.



There was continued discussion on this matter with Attorney Jenkins

responding to various questions from the members of Council. Mayor Pro Tem

Rodgers stated that we have been told that the estimate provided was for

exterior only. He pointed out the Inspections & Code Enforcement Division

could tell Ms. Williams what needs to be done. He maintained that Ms. Williams

needs to provide us with something coincidental to the presentation of her

brother?s ability to provide this money for her by next week.



Attorney Jenkins said it was his understanding that we had until October

to do something definite to the property, because Ms. Williams cannot get a

loan since the house is not in her name. He said the game plan is to secure

the loan. Mayor Pro Tem Rodgers clarified that the motion he made last week to

give Ms. Williams forty-five days to get the property in her name was not voted

on. He explained that Councilor Henderson?s substitute motion was approved,

which stated that Ms. Williams had until today to prove to this Council that

she has the financial means to do the work and have a signed agreement with a

licensed contractor.



Mayor Poydasheff then called attention to the motion for adoption, which

carried unanimously by those ten members present for this meeting.



Councilor Woodson asked about the Home Rehabilitation Program. She said

if we have these programs available to assist homeowners, we could recommend

these programs to individuals that state they do not have the financial

capability to bring the house up to code. City Manager Cavezza advised that

the waiting list for the Home Rehabilitation Program is long. Councilor

Woodson requested to be provided with a report on the program that provides

funding for home rehabilitation, and also provide information on how long the

waiting list is and where this funding is coming from along with a basic

overview of the program.

Mayor Poydasheff pointed out that the Chattahoochee Valley Episcopal Ministry

has started a Federal Credit Union that could gear itself to situations like

this. He said this may be a consideration.



Councilor Suber said that Ms. Williams pointed out that there are several

other homes in the area with potential code violations. He requested the staff

to return to the area of Kolb Avenue to see if there are other homes that have

building code violations and if so, these owners should be cited.



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THE FOLLOWING FIVE RESOLUTIONS WERE SUBMITTED BY CITY ATTORNEY FAY AND THE

CAPTIONS OF EACH READ BY MAYOR PRO TEM RODGERS AND ADOPTED BY A SINGLE MOTION

MADE BY MAYOR PRO TEM RODGERS AND SECONDED BY COUNCILOR HENDERSON AND CARRIED

UNANIMOUSLY BY THOSE TEN MEMBERS PRESENT FOR THIS

MEETING:





A Resolution (418-03) - Expressing appreciation to Ms. Marjorie W. Bettis

upon her retirement with the Columbus Parks & Recreation Department after

nearly 40 years of service.

A Resolution (419-03) - Expressing appreciation to Mr. Keith R. Landenberg

upon his retirement with the Muscogee County Sheriff's Department after 22

years of service.



A Resolution (420-03) - Expressing appreciation to Mr. Carl Rasch upon his

retirement with the Columbus Park Services Department after 5 years of

service.



A Resolution (421-03) - Expressing appreciation to Ms. Mary K. Spano upon

her retirement with the State Court Solicitor's Office after more than 26 years

of service.



A Resolution (422-03) - Expressing appreciation to Mr. Joe Louis Turner

upon his retirement with the Public Services Department after 28 years of

service.



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CONCERT OF LEANN WOMACK:



Mayor Poydasheff announced that he received a call from General Freakley

and he is inviting the members of Council and all of Columbus to a concert by

Leann Womack, on Saturday, September 6, 2003, at Weatherby Field, in Fort

Benning.

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PUBLIC AGENDA:



THERE IS NO ONE LISTED ON THE PUBLIC AGENDA.



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CITY MANAGER?S AGENDA:



THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND ADOPTED BY THE COUNCIL ON A SINGLE MOTION MADE BY COUNCILOR ALLEN

AND SECONDED BY COUNCILOR WOODSON AND CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS

PRESENT FOR THIS MEETING:



A Resolution (423-03) - Authorizing a request to accept a deed to

Vernonburg Drive located in Section Eight of Chatham Woods Subdivision.



A Resolution (424-03) - Authorizing a request to accept a deed to the 4.0

acre detention basin and nature area located in Sugar Mill Subdivision.



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THE FOLLOWING FIVE PURCHASING RESOLUTIONS, HAVING BEEN INCLUDED WITH THE

CITY MANAGER?S AGENDA WERE SUBMITTED AND ADOPTED BY THE COUNCIL PURSUANT TO THE

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

WOODSON, WHICH CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR

THIS MEETING:



A Resolution (425-03) - Authorizing to purchase a maintenance agreement

for the 800 MHZ Radio System Console Equipment (October 2003 through October

2004) from the Motorola Corporation in the amount of $26,044.20.



A Resolution (426-03) - Authorizing to purchase a maintenance agreement

for the enhanced E911 telephone system from the Motorola Corporation in the

amount of $13,596.00.



A Resolution (427-03) - Authorizing the purchase of a software maintenance

agreement from Avel-Tech Inc., (September 1, 2003 - August 31, 2004) for the

automatic vehicle location system software in the amount of $22,447.00.



A Resolution (428-03) - Authorizing the purchase of an E911 telephone

system upgrade from the Motorola Corporation in the amount of $559,000.00.



A Resolution (429-03) - Authorizing the execution of a construction

contract with T & K Construction, LLC in the amount of $1,847,135.00 for Phase

II, cells 2a, 2b and 2c of Pine Grove Landfill.



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UPCOMING EVENTS:



City Manager Cavezza made the following announcements regarding some

upcoming events and are listed as follows:



? United Way Luncheon: The United Way Luncheon will be held on September 4,

2003 in the new Ball Room at the Trade Center.



? Memorial Service: September 11, 2003, there would be a Memorial Service on

the Plaza Level of the Government Center in honor of those who perished in the

September 11th attacks.



? Comprehensive Plan Briefings: The series of Comprehensive Plan Briefings

would begin on September 11, 2003, at 6:00 p.m., at Reese Road Elementary

School. This would be for Planning Areas 5, 6 & 7.



Councilor Davis asked about the schedule for Planning Areas 1, 2, & 3, at

which time, City Manager Cavezza replied that we moved those dates back because

there was a conflict with it, but we are rescheduling it.



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EXECUTIVE SESSION:



City Manager Cavezza requested a brief executive session to discuss a

personnel matter.

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CLERK OF COUNCIL?S AGENDA:





THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR &

COUNCIL:



(1) ACCG?s The County Line Newsletter, Volume 16, Number 4.



(2) Memo from GMA, Re: Joint GMA/ACCG Fall Training Program for Elected

Officials, November 10, 2003, in Macon, Georgia.



(3) Biographical Sketch of Mr. James Nash, Councilor Anthony?s nominee for the

position of Mr. Gerald Ludwig on the Taxicab Commission.



(4) Biographical Sketch of Rev. Joseph Roberson, submitted by the Cooperative

Extension Office for the position of Ms. Ollie Johnson on the Cooperative

Extension Advisory Board.



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THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CLERK OF COUNCIL

WASHINGTON AND ADOPTED BY THE COUNCIL ON A SINGLE MOTION MADE BY COUNCILOR

ALLEN, SECONDED BY COUNCILOR TURNER PUGH AND CARRIED UNANIMOUSLY BY THOSE TEN

MEMBERS PRESENT FOR THIS MEETING: (Councilor Henderson was absent for this

vote, but later asked that his vote be cast in the affirmative.)



A Resolution (430-03) - Excusing Councilor Charles McDaniel from the

August 26, 2003 Meeting.



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MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE COUNCIL: (Councilor Henderson was

absent for this vote, but later asked that his vote be cast in the

affirmative.)



Airport Commission, June 25, 2003.

Budget Review Committee, May 13, 2003.

Budget Review Committee, May 20, 2003.

Housing Authority, July 16, 2003.

NH Community Service Board, June 9, 2003.

NH Community Service Board, July 14, 2003.

Personnel Review Board, August 20, 2003.

Personnel Review Board, August 21, 2003.

Tax Assessors, No. 32.

Tax Assessors, No. 33.



Councilor Allen made a motion that these minutes be received. Seconded by

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

for this meeting.



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THE FOLLOWING FIVE NEW ZONING PETITIONS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND AN ORDINANCE AND PUBLIC HEARING WAS CALLED FOR EACH BY MAYOR PRO

TEM RODGERS:



Petition submitted by Timber Creek Management, LLC to rezone approximately

26.1 acres of property located north of the northeast corner of Whitesville

Road and Williams Road (north of the gas pipeline) from an A-1 District to an

A-O District. (Recommended for conditional approval by both the Planning

Advisory Commission and the Planning Division.) (33-CA-03-Timber Creek Mgmt,

LLC)



Petition submitted by Habitat for Humanity, Inc. to rezone approximately

4.02 acres of property located at 2051 Shepherd Drive from a C-3 District to an

R-3 District. (Recommended for conditional approval by both the Planning

Advisory Commission and the Planning Division.) (34-CA-03-Habitat For

Humanity, Inc.)



Petition submitted by Pinnacle Homes, Inc. to rezone approximately 2.513

acres of property located at 5012 & 5028 Warm Springs Road from an R-1 District

to a C-2 District. (Recommended for conditional approval by both the Planning

Advisory Commission and the Planning Division.) (35-CA-03-Pinnacle Homes, Inc.)



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

12.53 acres of property located at the southwest corner of Veterans Parkway and

Turnberry Lane from an R-1 District to an A-O District. (Recommended for

conditional approval by both the Planning Advisory Commission and the Planning

Division.) (36-CA-03-Developers-Investors, Inc.)



Petition submitted by Lee Bayard to rezone approximately 0.34 acres of

property located at 1210 - 13th Street from a C-2 District to a C-3 District.

(Recommended for conditional approval by both the Planning Advisory Commission

and the Planning Division.) (37-CA-03-Bayard)



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BOARD APPOINTMENTS:



COOPERATIVE EXTENSION ADVISORY BOARD:



Clerk of Council Washington advised that Councilor Hunter has a nomination

for Ms. Ollie Johnson?s position on this board. Councilor Hunter then

nominated Rev. Joseph Roberson. Clerk of Council Washington advised that we

would bring this back on next week for a vote.



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DOWNTOWN DEVELOPMENT AUTHORITY:



Clerk of Council Washington outlined the vacancies on this board; Mr.

Frank Etheridge and Ms. Debbie Lane. There were no nominations.



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INDUSTRIAL & PORT DEVELOPMENT COMMISSION:



Clerk of Council Washington outlined the vacancy on this board; Ms. Debbie

Lane. There were no nominations.



Councilor Suber asked about the information that was requested by Mayor

Pro Tem Rodgers on the Downtown Development Authority and the Industrial & Port

Development Commission, at which time, Mayor Pro Tem Rodgers advised that he

has received this information. After there were continued questions regarding

these two boards, Clerk of Council Washington stated that she would provide

this information to all of the members of Council.



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TAXICAB COMMISSION:



Clerk of Council Washington outlined the vacancy on this board; Mr. Gerald

Ludwig. She advised that Councilor Anthony is nominating Mr. James Nash.

Councilor Turner Pugh moved his confirmation. Seconded by Councilor Suber and

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



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YOUTH ADVISORY COUNCIL:



Councilor Allen nominated Josh Rizzo as the Council District Six

nomination for the Youth Advisory Council. Councilor Henderson moved his

confirmation. Seconded by Councilor Hunter and carried unanimously by those

ten members present for this meeting. Mayor Pro Tem Rodgers nominated Brittany

Reese as the Council District Five nomination. Councilor Henderson moved her

confirmation. Seconded by Councilor Allen and carried unanimously by those ten

members present for this meeting.



Mayor Poydasheff complimented the City Manager?s staff regarding the

meeting that was held for the Youth Advisory Council



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Councilor Henderson asked Clerk of Council Washington to show his vote in

the affirmative for Items 5 & 6 on the Clerk?s Agenda.



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WEST CENTRAL GEORGIA REGIONAL HOSPITAL:



Councilor Turner Pugh asked City Manager Cavezza to have the staff write a

letter as it relates to the potential closing of West Central Georgia Regional

Hospital outlining the impact it would have on this community and expressing

our disagreement with the closing.



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Mayor Poydasheff asked if there was anyone in the audience who had a

matter to bring before the Council, at which time, no one came forward.



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EXECUTIVE SESSION:



Mayor Poydasheff called attention to the request from City Manager Cavezza

for a brief executive session to discuss a personnel matter.



Councilor Henderson then made a motion for the Council to go into an

executive session, to discuss a personnel matter. Seconded by Mayor Pro Tem

Rodgers and carried unanimously by those nine members of Council present, with

Councilor Allen being absent for this vote.



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At 6:25 p.m., the meeting was adjourned to allow the Council to go into an

executive session.



At 6:35 p.m., the regular meeting was called back to order, at which time

Mayor Poydasheff pointed out that the Council met in an executive session to

discuss a personnel matter, but there were no votes taken.



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

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

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

with the time being 6:37 p.m.



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Sandra T. Davis

Deputy Clerk of Council

The Council of Columbus, Georgia