Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR MEETING

MARCH 30, 2004



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

order at 9:00 A.M., Tuesday, March 30, 2004, 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 Robert S. Poydasheff were Councilors R. Gary

Allen, Wayne S. Anthony, Glenn Davis, Berry H. Henderson, Julius H. Hunter,

Jr., Charles E. McDaniel, Jr., Evelyn Turner Pugh and Nathan Suber. City

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

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



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ABSENT: Mayor Pro Tem John J. Rodgers and Councilor Evelyn Woodson were absent.

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INVOCATION: Offered by Elder Bobby Harris, Chairman of the Board of the House

of Mercy.

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Mayor Poydasheff said that Elder Harris has just recently taken over as

the Chairman of the Board of the House of Mercy and said his mother was Mrs.

Ocie Harris, the Legendary founder of the House of Mercy. He then asked Elder

Harris to tell the Council and the people of the community something about

himself.



Elder Harris said that he is the youngest son of the late Mrs. Ocie M.

Harris, Founder of the House of Mercy. He said he and his wife have recently

moved here from Jacksonville after retirement of 21 years of Naval service.



He said they are happy to be in such a beautiful and wonderful City and to

be in the company of all the wonderful people they have come to know here in

the City of Columbus. He said they are now in the process of carrying on the

work that his mother started.



Elder Harris said he would like to thank the members of Council and the

City of Columbus for your great and wonderful support that you have rendered

throughout the years. He said you have supported his mother and her call and he

pray that you would continue that.



He said he would like to invite you and the citizens of Columbus to come

by the House of Mercy and visit with them and see what it is that your

donations do to assist our facility.



Mayor Poydasheff welcomed Elder Harris to Columbus and said we are proud

that God has sent him here to continue the work of his mother.

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PLEDGE OF ALLEGIANCE: Led by students from Allen Elementary School.



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Mayor Poydasheff said he would like to take the opportunity to thank the

Council collectively and individually so that the people of Columbus know the

great work that they do as members of the City Council. He said since the

beginning of this Administration we have brought in approximately 1600 jobs. He

said going back to last year we have H & K, which will begin construction in

July of this year. With Swift Textiles moving their operations, there will be

from 500 to 1000 employees here in Columbus. Wagoner will be locating here in

Columbus, which will employ approximately 500 employees; then on yesterday, we

had the announcement of Text sphere that will be working closely with the City

of Columbus, the United States Government and Fort Benning.



He said this is possible only because you have a City Council that

believes in public-private partnership, which goes the extra mile to support

the Development Authority, as well as the Chamber of Commerce. He said it is

only possible because they are forward thinking and in addition to that, we

have a City Manager, who knows what it is to work with people, as well as two

deputy city managers that have the intelligence and experience and broad depth

that is needed to bring industry here in Columbus.

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?HEART SAFE CITY?:



Ms. Linda McLemore said they are here on today to thank the Mayor and

Council for their support of the ?Heart Safe City? campaign; a project which is

near and dear to all of our hearts. She said if you have a heart then you need

to be interested in the ?Heart Safe City?. She said they are trying to make

Columbus a ?Heart Safe City? by teaching everyone CPR and the use of AEDs here

in our community. She said they appreciate the Council?s support and look

forward to bringing you some more opportunities and surprises to the community.



Mrs. Jo McDaniel said she has been working on making Columbus a ?Heart

Safe City? for seven years now although we have not been using that term. She

said she has received tremendous cooperation from the City of Columbus and said

she has met many wonderful people as they have gone through these efforts.



She said they will be working with different businesses encouraging them

to have AEDs and said now we have a way where businesses through a partnership

with a private enterprise can have an AED in their business without the expense

of purchasing it. She said they will have their first mass CPR training on

April 24th which is the weekend of Riverfest and said everyone who comes to

take the course; which takes only two hours, which is called CPR for Family &

Friends would be able to go into Riverfest free. She said this is not a

certification course, but said you will leave knowing how to do CPR.



Ms. McDaniel said there is billboards posted around the City with the

telephone number for individuals to call and said everyone who takes it at that

venue will get into Riverfest free.



She said she would like to thank the City for all they do and the

cooperation they give, as well as all the interest they have. She said we have

nothing to lose, but everything to gain by making Columbus a ?Heart Safe City?.



Mayor Poydasheff said it was heartwarming to see the rally that was held

by Mrs. McDaniel and her organization with the outpouring of support by our

Public Safety personnel, Police, Fire, EMS, Sheriff and Marshal?s Department.

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Mayor Poydasheff recognized the presence of Marshall Ken Suddeth, who was

seated in the Council Chambers.

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CITY ATTORNEY?S AGENDA:



WITH MRS. PATRICIA ANN BROWN STANDING AT THE COUNCIL

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

AND ADOPTED BY THE

COUNCIL:





A Resolution (140-04) - Expressing appreciation to Mrs. Patricia Ann Brown

upon her retirement with the Revenue Division of the Finance Department after

16 years of service. Councilor McDaniel moved the adoption of the resolution.

Seconded by Councilor Henderson and carried unanimously with those eight

members of Council present standing to cast their affirmative vote.



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WITH THOSE NAMED IN THE RESOLUTION STANDING AT THE COUNCIL TABLE, THE

FOLLOWING RESOLUTION WAS SUBMITTED AND READ IN ITS ENTIRETY BY COUNCILOR TURNER

PUGH AND ADOPTED BY THE COUNCIL:



A Resolution (141-04) - Commending and congratulating two Columbus State

University Cheerleading squads upon being invited to the Universal Cheerleader

Association (UCA) Collegiate National Championships in Orlando, Florida.

Councilor Turner Pugh moved the adoption of the resolution. Seconded by

Councilor Suber and carried unanimously with those eight members of Council

present standing to cast their affirmative vote.

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ZONING PUBLIC HEARINGS:



THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND A PUBLIC HEARING HELD AS ADVERTISED AND THEN RETURNED BACK TO THE PLANNING

DIVISION BY VOTE OF THE COUNCIL:



An Ordinance - Rezoning approximately 22.43 total acres of property

located at 5666 and 5694 Forrest Road; 5855 Glenmere Drive and the adjacent

property to the west; and the property at the west end of Gleneden Drive from

an R-1A District to an R-2 District. (8-A-04- Preston Holdings, LLC.)



PROPONENTS & OPPONENTS:



Mr. John B. Grot, 893 Daylake Drive, Midland, GA said he would like to ask the

Council to adopt a resolution or whatever action is necessary to send this

petition back before the Planning Advisory Commission, as he would like to

reapply for a change to a different zoning classification. He said they have

been able to acquire some additional tracts of land adjacent to the 25 acres

that they currently have. He said they have picked up an additional 5 acres of

land and they feel that they will be able to put together a package with the

church that is located across the street; and will request that the property be

rezoned to A-1 for the purposes of a religious facility, community facility and

personal services.



City Manager Cavezza said what Mr. Grot is asking for is that we start the

process over again.



City Attorney Fay said that we need a motion to refer this matter back to

the PAC. Councilor Turner Pugh so moved. Seconded by Council McDaniel.



Councilor Suber said he thought that we had voted recently that in

referring petitions back to the PAC that we would either have to deny or

approve the rezoning before we could do that.



City Attorney Fay said he doesn?t think that has been put in the text of

the zoning ordinance. He said it may have been discussed, but he would have to

go back and check to see if this has occurred.



Councilor Suber said he thought that we had voted on this matter because

Councilor Henderson had brought up the fact that he felt it was unfair for us

to start a new procedure without having to go all the way back through the

process and there would be a 6-month waiting period.



City Attorney Fay said he would go back and check the zoning text.



Mayor Poydasheff then asked if we wanted to defer this request until next

week.



Councilor Henderson said the original thought was that if the PAC had

recommended denial and they came before the Council and decided at the last

minute to say that they wanted to go for a different classification; in order

not to (interrupted by Mayor Poydasheff). Mayor Poydasheff said in order not to

play games.



Councilor Henderson said this is a little different, as maybe they have a

different buyer because he is asking to change the entire request. He said he

don?t know what the legalities are, but he doesn?t think that this is as

significant as if it was denied by the PAC, tried it here and tested the winds

and found out that it wasn?t going to be approved and then changed it.



Mayor Poydasheff said this has been approved by both groups and said they

are just changing directions because they are going to be selling the property.



Councilor Allen pointed out that if we wait one week before we decide to

send the petition back that would give the City Attorney an opportunity to

check and determine if the text of the zoning ordinance has been made.



City Manager Cavezza said pursuant to the zoning ordinance if the Council

approves or denies the request, the applicant won?t be able to go before the

PAC for six months. He said if you don?t want to delay them, then you don?t

want to take final action on it today.



After continued discussion on this matter, City Attorney Fay said a motion

would be in order to allow the applicant to go back before the PAC. He said the

zoning ordinance contemplates a vote on the petition as is, and if it is voted

either up or down, then he can?t go back before the PAC for the time period of

six months. However, a motion to refer the matter back to the PAC with a new

application for an A-1 classification would be appropriate.



Councilor Henderson then so moved. Seconded by Councilor Allen.



Councilor Turner Pugh said she wants everyone to understand that when the

petition goes back before the PAC that it still has to go through the public

hearing process to allow the residents to be heard. She said the signs would

also need to be changed to indicate the new zoning classification request.



The question was then called on the motion, which carried unanimously by

those eight members of Council present for this meeting.



City Attorney Fay said, with that motion now having been approved, asked

if there was anyone who wanted to be heard today on this proposed rezoning

request, either for or against the request. There was none.



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An Ordinance - Rezoning approximately 0.66 acres of property located at

4809 Miller Road from an R-1 District to a M-1 District. (9-CA-04-Erickson)



PROPONENTS & OPPONENTS:



Mr. David Fox, 902 Cooper Avenue, representing Mr. David Erickson was

present, but he did not make a presentation on this proposed rezoning request;

however, he did respond to several questions of members of the Council.



Councilor Davis said in looking at the proposed rezoning request, he

believes the applicant came before the Council sometime ago and requested the

back portion of Parcel 16 be rezoned to M-1. He said it looks like we are

piece-mealing this property to create a total package of M-1 in a residential

area, as there are still some homes to the west.



Mr. Fox said there are still residents living in that area. He said the

lot identified as Parcel 30 was a long lot from Hodges Drive all the way back

before the Parcel 131 which they own. He said all those houses are up very

close to the road and this particular piece of property that they are

requesting to be rezoned has a house on the property that they are in the

process of renovating. He said the reason they are requesting this rezoning is

for the temporary office to be located there. He said for construction

materials you have to have that zoning.



He said Parcel 15 belongs to an elderly couple that lives there, however

at some time in the future they will be selling their property. He said they

have been given indications that they will be able to acquire this piece of

property as well.



Mr. Fox then responded to several questions of members of the Council.



City Manager Cavezza, in addressing some concerns of Councilor Davis as it

relates to the buffer, said that the petitioner has three options that he can

choose from.



Mayor Poydasheff pointed out that it is part of the conditions.



Councilor Allen said there are 3 options within Category ?D?. He said his

understanding of this piece of property is that it is a level piece of property

with very little foliage on it; to which Mr. Fox said that is correct.



He said the category of undisturbed natural vegetation would not be an

option, because there is nothing there at this point, so that they would then

be looking at Options 1 or 2, which calls for fencing and/or planting of trees.



Councilor Allen then read the two different options into the record, which

includes a 30-foot buffer with a 6-8 foot stockade fence of masonry wall,

4-canopy trees per 100-linear feet, 5-under story trees per 100-linear feet and

25-shrubs ornament grasses per 100-linear feet. He said a fence wall or earth

berm would qualify in that area.



Several of the Council members then expressed their concerns as it relates

to the crowding of this residential area with an M-1 classification which they

feel pressures residents out of their homes.



City Manager Cavezza said as we looked at the new comprehensive plan

stated that the area along Miller Road up to Hodges Drive is pretty much

industrial -commercial now. He said when it reaches Hodges Drive and to the

left it is residential and will remain residential. He said the other strip

where this property is located, is turning into industrial-commercial.



Mr. Fox pointed out that they could not use the property for their office

if it still remained R-1.



Councilor Turner Pugh expressed concerns in that in the M-1 classification

anything that is covered on the books could go in there and there would be

nothing anyone could do to stop it.



Mayor Poydasheff said if they are only looking for an office, they could

get general commercial under the C-3 or A-O classification. However, Mr. Fox

said not for construction. He said if you are putting in a permanent office

that would not be light manufacturing; so why are you requesting M-1 rather

than any other category.



Mr. Fox stated that is what the zoning code requires. He said if you have

a construction related facility, you have to go that direction because you will

have materials in storage, as well as trucks. He said you would have a lot of

things that doesn?t necessary fit into that category in C-2, C-3 or C-1.



City Manager Cavezza said he could do A-O, C-2, C-3 or M-1. He said

general contractors office is specifically listed under M-1.



After still further discussion on this matter, Councilor Allen said since

they would like to use this piece of property for an office maybe we need to

amend the ordinance to add a condition to strike all other uses of M-1 other

than the construction office type use. He said this would restrict the use and

help protect the homeowners that are on Parcels 1, 2, 3, 5 & 15. He said even

though they are far away from this property their homes sit closest to Hodges

Drive; which means they will still be affected because they have to live there

every day.



Councilor Allen then made a motion that everything under the M-1

classification is stricken with the exception of construction office issues.

Seconded by Councilor Davis.



Mr. Fox, in response to Mayor Poydasheff as to whether or not he agrees

with the motion, said that he needs to understand the procedure. He said in the

future would that mean if they did acquire Parcel 15; then they would have to

amend the petition if they made it all contiguous together because there is no

such limitation on Parcel 1, 31A. He said he doesn?t see the necessity of that

because he doesn?t know what the situation will be with the elderly couple and

he doesn?t know how long they will stay there.



City Attorney Fay said that if they do purchase the other piece of

property, they would need to rezone it for some commercial use or manufacture

in the future. He said if this condition is added under our current ordinance,

it would have a 20-year life with restrictions.



With continued discussion on this issue, Mayor Poydasheff then asked if

there was anyone who desired to make a statement with regards to the motion.



Councilor Henderson said from a procedural standpoint, if the petitioner

comes up and wants to move the condition on Lot 4 at the same time they redo

Lot 15, would it be two separate petitions. He said if that were the case, they

would have to go through the process for each one.



City Attorney Fay said procedurally they would have to. He said they could

be brought together.



Councilor Henderson then asked, how difficult would it be to condition

that limited use so long as Lot 15 remains residential; thereby when he

purchases it, that stipulation would expire and they would not have to go back

through the process. He said he is trying to save them from having to go back

through the administrative process just to remove those conditions. He said he

understands where we are going with this, but the entire area is going M-1. He

said it is a proper request, but it is an unfortunate situation where we are

leapfrogging one lot. He then asked Councilor Allen if he would amend his

motion in that regard.



Councilor Allen then amended his motion to state that the use will be

restricted to construction contractor use only, but this condition shall expire

when the adjacent Lot 15 is no longer used for residential purposes. This

original motion was seconded by Councilor Davis, which also agreed to this

amended motion.



Mr. Fox said that is more acceptable.



Discussion continued on this matter with Mr. Fox responding to further

questions of members of the Council.



Councilor Allen said he was conferring with Zoning Administrator Johnson

as it relates to the Category D option that was discussed earlier and said

since Mr. Fox has agreed that this property is fairly level and there is no

vegetation there, he would be limited to Option 1 or 2, he would like to make a

motion that we strike Option 3.



Mayor Poydasheff pointed out that we still have an amended motion on the

floor as it relates to the restricted uses, which have not been voted on by

this Council.



He then called the question on the motion, which carried unanimously by

those eight members of Council present for this meeting.



Councilor Allen then made a motion that the developer shall use either

Option 1 or Option 2 of Category D of Section 18A-75 of the Columbus Code

(Buffer Categories and Options). Use of Option 3 of Category D shall not be

permitted. Seconded by Councilor McDaniel and carried unanimously by those

eight members of Council present for this meeting.



After more than twenty minutes of discussion on this proposed rezoning

ordinance, with members of the Council expressing their further views on this

issue, and City Manager Cavezza responding to questions of the Council, City

Attorney Fay then read the two new conditions into the record, as outlined

above. He then asked if there was anyone who wanted to be heard in opposition

to this proposed rezoning ordinance, but there were none. He then declared this

public hearing held.

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CITY MANAGER?S AGENDA:



AT THE REQUEST OF MAYOR POYDASHEFF, THE FOLLOWING RESOLUTION WAS CALLED UP

AS THE NEXT ORDER OF BUSINESS AND DEFEATED BY THE COUNCIL:



A Resolution - Supporting the development of 128 units on the property

located on Warm Springs Road for Brighton at The Park Apartments.

Councilor Allen moved the resolution be defeated. Seconded by Councilor

Suber and carried unanimously by those eight members of Council present

for this meeting.



Councilor Henderson said he would like to commend Mr. Hall, the developer,

for his efforts on this proposed project. He said on last night he conducted a

meeting that was not required in the process and what it shows is that the

system does work. He said we had almost 300 residents that were very emotional

and interested in the preservation of their neighborhood.

He said Mr. Hall handled all questions, even some that were probably not asked

as politely as he would have like them to be.



He said he just wanted to publicly thank Mr. Hall from this Council for

agreeing to do that. He said he would also like to offer his thanks on behalf

of the residents, as they understand you didn?t have to do that.



Councilor Suber said he would offer Mr. Hall an opportunity to make a

statement, if he so desires.



Mr. Gary Hall said he is disappointed for a number of reasons and even

more disappointed for the people who could have potentially benefited from this

development. He said he is sorry that it came down to the issue that it did,

and said he thinks that some misinformation as well as some other things may

have caused that; and maybe some fears that people have that he was not able to

overcome.



He said the income eligibility requirements that this property would have,

and as he told you when you put a face on that, that means a Columbus

firefighter or policemen would fall into that category. He said he doesn?t

understand why he wasn?t able to get that point across to you. He said he

doesn?t think that would be a class of citizens that would have done anything

detrimental to that side of town.



Mayor Poydasheff said we all agree and that was not the issue. He said the

issue apparently to the Council and to the people, and this is a democracy in

that sense, was the amount.



Councilor Turner Pugh said she has been one of the proponents of trying to

keep residential neighborhoods residential. She said some of the issues that

she heard from the news reports on last evening about north and south do

concern her. She said she wish that we could learn to live together in this

community as one.



She said people in South Columbus are not all bad people, as there are bad

people in all segments of the community. She said she has been in South

Columbus her entire life and she knows that she is a good person. She said if

she chose to move to North Columbus she would not be a bad person coming to

North Columbus.



Councilor Turner Pugh said oftentimes when individuals hear low to

moderate-income housing, they automatically think of poor people and

negativism. She said you could make $37,500 yearly and still qualify for low to

moderate-income projects. She said that we need to be careful when we start

categorizing projects as being for poor people or bad people. She said projects

that are for people with low to moderate income is not just set aside for

people who are poor or those who are bad; but it is to help people, all people

to have affordable decent housing.



Councilor Davis also thanked Mr. Hall for the meeting on last night and

trying to answer all the questions that were posed to him. He said he would

also like to thank the citizens for coming out and taking their valuable time

and expressing their concerns and fears. He said he thinks that this is a very

important part of the process.

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NOTE: The City Manager?s Agenda is continued below.



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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND THEN INTRODUCED ON FIRST

READING:



An Ordinance - Regulating vehicular traffic in Columbus, Georgia by

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

segment and right-of-way of Green Island Drive beginning at the newly

constructed cul-de-sac at Gaines Creek Road northeasterly to the west

right-of-way of River Road.

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PUBLIC AGENDA:



Ms. Vernessa Jackson and Ms. Vershawnda Staton, who requested to be

listed on today?s Public Agenda to discuss an issue as it relates to the

Columbus Police Department did not appear.



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Rev. Dr. William Howell, representing The Rainbow Push Coalition, who

requested to be listed on today?s Public Agenda to discuss the City Charter,

cancelled his scheduled appearance before the Council late Monday afternoon.



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MR. JIM RHODES, RE; PUBLIC SAFETY PAY:



Mr. Rhodes said there have been some comments made here this morning by

the Council members that really touched his heart, especially Councilor Turner

Pugh, as it relates to looking out for the elderly couple that will be affected

by a proposed rezoning. He then expressed his comments regarding this issue.



He said when Mayor Jernigan was the Mayor, we had problems with not having

enough police officers for the community and he was fortunate enough to serve

on a committee with Mr. Salvador Diaz-Version. He said the committee made some

recommendations and as a result of those, they were able to hire 20 additional

police offices, 6 deputies, and approve a new 800-megahertz radio system.



Mr. Rhodes spoke for several minutes in expressing his concern as it

relates to our public safety personnel and the lack of officers, as well as the

pay for our public safety employees.



He said he couldn?t understand why we could have gone 12 years and done

nothing to correct the problem that they thought they had already corrected

when they implemented all of these recommendations.



He said he is here today to make some recommendations of what he thinks

will help in getting this problem solved. He said if you can charge garbage

fees, he thinks that you should be able to charge fees for public safety. He

said there are some 17,000 homeowners who don?t pay over $50.00 per month for

taxes and said he is one of them.



Mr. Rhodes said he thinks that there are so many different ways that we

could get the money that we need to assist our public safety personnel, i.e.,

renters. He said he thinks it is time for us to do something about public

safety once and for all. He said he would recommend that the Council look at

Freeport exemptions.



Mayor Poydasheff encouraged Mr. Rhodes to come by and visit with him in

his office in order that he can explain the issue to him regarding the

complexity of the 17,000 homeowners who are paying less than $50.00 per month

because he has been working on that.



He said he knows that the Council is interested in it and said it is a

fair share plan, but said the City can?t do anything unless we get clearance

from State Legislature and said he would be glad to explain that to Mr. Rhodes

privately.

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CITY MANAGER?S AGENDA:



THE FOLLOWING EIGHT RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY

MANAGER CAVEZZA AND ADOPTED BY THE

COUNCIL:



A Resolution (142-04) - Declaring surplus and transferring the street

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

Dillingham Street north to south of the right-of-way line of Tenth Street to

Foundations Properties, Inc. Councilor Suber moved the adoption of the

resolution. Seconded by Councilor Turner Pugh and carried unanimously by

those six members of Council present at the time, with Councilors Allen and

Anthony being absent for this vote.



A Resolution (143-04) - Authorizing the acceptance of 2.424 acres of

property +/- from the Columbus Building Authority, 0.266 acres +/- from

Georgia Power and declare 3.475 acres +/- of property (which includes the

2.424 +/- acres from the Columbus Building Authority and 0.266 acres from

Georgia Power) as surplus and transfer said property to Foundation

Properties, Inc., for the development of the Uptown Campus for Columbus

State University campus. Councilor Suber moved the adoption of the

resolution. Seconded by Councilor Turner Pugh and carried unanimously by

those six members of Council present at the time, with Councilors Allen and

Anthony being absent for this vote.



A Resolution (144-04) - Declaring three acres of property at 5001 Steam

Mill Road in Shirley Winston Park as surplus and authorizing the sell of said

property to Mr. Julius Rogers. Councilor Suber moved the adoption of the

resolution. Seconded by Councilor Turner Pugh and carried unanimously by

those six members of Council present at the time, with Councilors Allen and

Anthony being absent for this vote.



A Resolution (145-04) - Declaring surplus 90.64 +/- acres of property

located at South Lumpkin Road Motor Park and transfer said property to the

National Infantry Foundation for construction of the National Infantry

Museum. Councilor Suber moved the adoption of the resolution. Seconded

by Councilor Henderson and carried unanimously by those six members of

Council present at the time, with Councilors Allen and Anthony being absent

for this vote.



A Resolution (146-04) - Declaring the detention pond located at Fountain

Court off Williams Road as surplus and transferring said property to the

original owners, Flat Rock Development, LLC in exchange for the detention

pond at Doubletree Subdivision at the end of Fountain Court detention pond.

Councilor Suber moved the adoption of the resolution. Seconded by

Councilor Turner Pugh and carried unanimously by those six members of

Council present at the time, with Councilors Allen and Anthony being absent

for this vote.



A Resolution (147-04) - Requesting to swap 4.35 +/- acres of city

owned property located off Williams Road adjacent to the Northside property

with the Muscogee County School District for 4.38 acres tract identified as

the Williams Road Site near the Northside property to re-align the boundary

lines. Councilor Henderson moved the adoption of the resolution. Seconded

by Councilor Suber and carried unanimously by those six members of Council

present at the time, with Councilors Allen and Anthony being absent for this

vote.



A Resolution (148-04) - Authorizing the acceptance of funds from the

Office of School Readiness for administration of summer lunch program and

snacks for fiscal and school year 2004-2005. Councilor Turner Pugh moved

the adoption of the resolution. Seconded by Councilor Henderson and carried

unanimously by those six members of Council present at the time, with

Councilors Allen and Anthony being absent for this vote.



A Resolution (149-04) - Authorization is requested to apply for and if

approved, accept grant funds in the amount of $50,280 from the United

States Department of Justice for the purchase of body armor for Public

Safety agencies. Councilor Henderson moved the adoption of the resolution.

Seconded by Councilor Suber and carried unanimously by those six members

of Council present at the time, with Councilors Allen and Anthony being

absent for this vote.



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THE FOLLOWING ELEVEN PURCHASING RESOLUTIONS, WITH

DEAILED INFORMATION HAVING BEEN INCLUDED WITH THE CITY MANAGER?S AGENDA PACKET,

WERE ALSO SUBMITTED AND EXPLAINED BY CITY MANAGER CAVEZZA AND ADOPTED BY THE

COUNCIL UPON THE ADOPTION OF A SINGLE MOTION MADE BY COUNCILOR MCDANIEL AND

SECONDED BY COUNCILOR SUBER, WHICH CARRIED UNANIMOUSLY BY THOSE SIX MEMBERS OF

COUNCIL PRESENT AT THE TIME, WITH COUNCILORS ALLEN AND ANTHONY BEING ABSENT FOR

THIS VOTE:

A Resolution (150-04) - Authorizing payment to William M. Mercer, Inc.,

(Atlanta, GA) in the amount of $21,676.00 for actuarial consulting services

performed during FY04, and $25,000 for a pension study. Mercer provides

actuarial consulting services, as needed, during the fiscal year for the

General Government and Public Safety Employees Pension Plans. Actuarial

consulting services were budgeted at $90,000 for FY04; $68,324.00 has

already been expended. In addition, the pension study was budgeted at

$25,000.00.



A Resolution (151-04) - Authorizing payment to Gordy Construction

Company (Fortson, GA) in the amount of $39,416.27 for emergency

construction services to repair a collapsed storm drain at Cherokee Avenue

and Slade Drive.



A Resolution (152-04) - Authorizing payment to Precision Electrical

Construction (Phenix City, AL) in the amount of $19,985.00 for emergency

installation of light poles with fixtures at Psalmond Road Baseball field.



A Resolution (153-04) - Authorizing the purchase of Trophies and other

Miscellaneous Awards from Columbus Fire & Safety d/b/a Columbus Trophy

& Screenprinting for the estimated annual contract value of $89,973.85;

which includes screen-printing services, as well as, the following items to

be provided on an ?as needed basis?: trophies, plaques, hats, resin figures,

medal trophy cases, tombstone trophies and acrylics, t-shirts and golf shirts.

The trophies and other miscellaneous awards are used by the Parks and

Recreation Department to give to participants in basketball, volleyball,

softball and boxing tournaments.



A Resolution (154-04) - Executing a contract for storing, transporting &

recycling services for waste tires from Greenman Technologies, Inc., on an

?as needed basis,? for the estimated annual contract value of $20,880.00,

or $1044.00 per load. The City generates approximately 20,000 waste tires

(20 loads) annually. The contractor will remove and properly recycle waste

tires generated at the City?s landfill. A cost for oversized tires is included

in

the bid, however, the City rarely has oversized tires in the landfill.



A Resolution (155-04) - Authorizing the purchase of duty ammunition

from GT Distributors, Inc., for the estimated annual contract value of

$3,039.68. The Columbus Police Department will use the ammunition

Department and it will be purchased on an ?as needed? basis.



A Resolution (156-04) - Authorizing the purchase of one (1)

commercial washer and one (1) commercial gas dryer from Southeastern

Laundry Equipment Sales, Inc., in the amount of $42,300.00.The washer &

dryer are additional units and will be utilized by theMuscogee County Jail in

the new jail tower for the added laundry load.



A Resolution (157-04) - Authorizing the purchase of six (6) vehicles

exhaust systems (with 16 drops) from Dixie Clean Air Corporation in the

amount of $129,417.00. Dixie Clean Air Corporation will provide and install

vehicle exhaust systems at Columbus Fire and Emergency Medical Services:

Station No. 1 (3 drops), Station No. 4 (2 drops), Station No. 5 (1 drop),

Station No. 6 (4 drops), Station No. 8 (3 drops) and Station No. 11 (3

drops).



A Resolution (158-04) - Authorizing the purchase of pool deck equipment

from Aquatic Consulting and Equipment, Inc. (ACE), in the amount of

$27,423.00. ACE will provide and install the following replacement items at

Double Churches Pool: racing lane lines (9), lane line storage reels (4), lane

line and storage reel covers (4), starting platforms (8) and anchors (16).



A Resolution (159-04) - Authorizing the payment of a settlement for a

risk management claim in the amount of $15,000.00 to Symonds, Joseph

and Gary Bruce, P.C. The claim resulted from an incident, which took place

November 5, 2003, and concerns injuries incurred by a private citizen due a

?backing? accident involving a sanitation truck at the landfill dumpsite.



A Resolution (160-04) - Authorizing the execution of the change order for

site work at Fire Stations #14 and #15, with Holley Construction, Company

in the amount of $508,490.00.



*** ***

***



WARM SPRINGS ROAD:



City Manager Cavezza said on last night there was a question at the

meeting as it relates to Warm Springs Road and the status for when it was going

to be repaired; and said he told the citizens he would put that word out today.

He said in the pavement management system we go from 0 to 100 points, with 0

being the worst. He said we are currently working on streets that are in 50/60

ratings right now and said Warm Springs Road is in the 70/80 rating; so,

therefore, it will be a while before we get to that road.



Councilor McDaniel said that is a State road and then asked if the State

is participating in that. City Manager Cavezza said we would still do repairs

on it.



*** ***

***



UPCOMING EVENTS:



City Manager Cavezza highlighted some upcoming events as outlined below:



Youth Advisory Council Forum, April 1, 2004, 7:00 p.m., Carver High School

to address the Dress Code for the Muscogee County School District.



METRA 16th Annual Southwest Georgia Bus Roadeo, April 4, 2004, Civic

Center.



Prayer Time with the Mayor & Council, April 20, 2004, Plaza Level.

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

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

MINUTES: Minutes of the March 23, 2004 meeting of the Council of the

Consolidated Government of Columbus, Georgia was submitted and approved upon

the adoption of a motion made by Councilor Turner Pugh and seconded by

Councilor Henderson, which carried unanimously by those seven members of

Council present at the time, with Councilors Allen absent for this vote.

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

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

CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR &

COUNCIL:





(1) ACCG?s Legislative Update Newsletter, Volume 14, Number 8.



(2) ACCG?s Legislative Update Newsletter, Volume 14, Number 9.



(3) GMA 2004 Legislative Alert Newsletter, March 19, 2004, Referring to SPLOST

and Land Use Bill Passes House.



(4) Memo from GMA, Re: GMA?s Nomination of 2004-2005 District Officers.



(5) Biographical Sketch of Mr. Roger Buterbaugh, Councilor Anthony?s nominee

to replace Mr. David Edwards as an alternate member on the Personnel Review

Board.



*** *** ***



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CLERK OF COUNCIL

WASHINGTON AND APPROVED BY THE

COUNCIL:



A Resolution (161-04) - Approving a special exception use to erect a

wireless communications facility for wireless communications service on

property located at 3950 Schatulga Road. Councilor McDaniel moved the

adoption of the resolution. Seconded by Councilor Suber and carried

unanimously by those seven members of Council present at the time, with

Councilor Allen being absent for this vote.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK

OF COUNCIL WASHINGTON AND OFFICIALLY RECEIVED BY THE

COUNCIL:





Airport Commission, February 25, 2004.

C.I.R.C.L.E., February 10, 2004.

Council Briefing, October 14, 2003.

Council Briefing, November 4, 2003.

Elections and Registrations, February 4, 2004.

Employees? Pension Plan, February 4, 2004.

Greater Columbus Golf Authority, February 24, 2004.

Health, Board of, February 25, 2004.

Honor, Board of, March 12, 2004.

Keep Columbus Beautiful Commission, February 10, 2004.

Public Safety Task Force Committee, March 3, 2004.

Tax Assessors, Number 10-04.

Tax Assessors, Number 11-04.



Councilor Turner Pugh made a motion that these minutes be received.

Seconded by Councilor Suber and carried unanimously by those seven members of

Council present at the time, with Councilor Allen being absent for this vote.



***

*** ***



BOARD APPOINTMENTS:



BUILDING AUTHORITY OF COLUMBUS:



Clerk of Council Washington pointed out that Mayor Pro Tem Rodgers

has a nominee of Mr. Ron Thomas. Mayor Poydasheff then placed his name

in nomination in the absence of Mayor Pro Tem Rodgers.



Clerk of Council Washington said she would bring this nomination back

on next week for the Council?s confirmation.



*** *** ***



CIVIC CENTER ADVISORY BOARD:



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

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

resigned their seats on the Civic Center Advisory Board. She also pointed out

that during our pre-Council meeting on yesterday, Mayor Pro Tem Rodgers asked

that she do some additional research as it relates to those individuals who no

longer resides in the district for which they were appointed to serve.



She said the ordinance specifically states that these appointees must

reside within the districts for which they were appointed; therefore, those

three members who no longer resides in the district that they were appointed to

will have to come off of the board.



Clerk of Council Washington stated that those individuals are Mr. Brian

Hercules, Mr. Jim Martin and Ms. Mary G. Walker-Crooks.



***

*** ***



COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



Clerk of Council Washington advised that the terms of office of

Mr. Harold Funderburg, who represents Council District Three, Ms. Floretta

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

represents Council District Eight on the Community Development Advisory Council

expired on March 27, 2004. She said

Mr. Funderburg is eligible to succeed himself, but the other two individuals

are not eligible to succeed themselves.



Councilor Hunter then nominated Mr. Funderburg for another term of office.

Clerk of Council Washington advises that since this is a District Councilor

appointment Mr. Funderburg may be confirmed. Councilor Turner Pugh so moved.

Seconded by Councilor Suber and carried unanimously by those six members of

Council still present with Councilors Allen and Davis being absent for this

vote.



***

*** ***



KEEP COLUMBUS BEAUTIFUL COMMISSION:



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

nominated Mr. Chuck Granberry to fill the unexpired term of Mr. Joel Collis on

the Keep Columbus Beautiful Commission and advises that he may now be

confirmed. Councilor Turner Pugh so moved. Seconded by Councilor Henderson and

carried unanimously by those six members of Council present at the time, with

Councilors Allen and Davis having already left the meeting.



*** ***

***



PERSONNEL REVIEW BOARD:



Clerk of Council Washington pointed out that Councilor Anthony is

nominating Mr. Roger Buterbaugh to fill the unexpired term of Mr. David

Edwards as the alternate member on the Personnel Review Board and stated

she would bring this back on next week for the Council?s confirmation.



*** ***

***



WEST CENTRAL GA REGIONAL MH/DD/AD BOARD:



Clerk of Council Washington pointed out that she is working on trying to

get a nominee for someone to fill the unexpired term of Ms. Debra Garab who has

resigned her position on the board.



*** *** ***



Mayor Poydasheff then asked if there was anyone 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.



Mr. Lionel Hammonds, 943 Blandford Avenue appeared and said he is here on

behalf of the violence that continues in the Sheriff Department. He said on

Sunday night, he had a card that was in his mailbox, which was pertaining to a

notice that they had to give him. He said he called them and this was what they

explained to him. He said he went down there to see what particular article was

going to be presented to him.



He then went into some details as it relates to an altercation with the

Muscogee County Sheriffs Department, which he was arrested and manhandled by

two deputies in the Sheriffs Department on Sunday night when he went down to

the office to find out about the matter that concerned him.



Mr. Hammonds said this was a matter of back child support that was

supposed to be for him and he was trying to tell them that this matter had

already been taken care of it. He said he was thrown up against the window in

the Sheriffs Department where his lip was busted.



Mayor Poydasheff asked Mr. Hammonds if he has spoken with Sheriff Johnson

or Chief Deputy Griffin and explained his position to them.



Mr. Hammonds said they sought to file a complaint with Sergeant Sites and

said they are in the process of trying to talk with Sheriff Johnson.



Mayor Poydasheff said he would talk with the Sheriff about Mr. Hammonds?

situation and he is sure they would sit down with you and entertain your

complaint. He said neither the Mayor or the Council have any control over any

elected official in that regard.



Councilor Turner Pugh asked City Attorney Fay if they are prohibited from

putting anything that doesn?t have a postage stamp or postal mark on it in a

person?s mailbox. She said if they are putting warrants or anything in a

person?s mailbox that is Federal law.



Ms. Orenza London, Mr. Hammonds? mother said this happened on Sunday and

said they check their mailbox everyday. She said her son got home from Macon on

Sunday night before she did and received this card. She said on several

occasions they had previously left cards on the door. She said they did this on

Sunday night, which really was a false arrest because they had already taken

care of this issue.



She said it was back in December of last year, the incident that they were

talking about. She said Judge Pullen had issued a vacate arrest order in

January of this year. She said on several occasions she had called to try to

found out if they had already had this matter resolved, paperwork wise, as she

realizes that it takes time. She said she didn?t want him subjected to this

again; so, they had taken care of this amount, which was back child support in

the amount of approximately $15,000. She said on Sunday night when he came home

and saw the notice, he then called downtown to find out what it was and this is

when all this occurred.



She said when she came down to the jail to get him out on Sunday, finally

with Judge Pullen and getting everyone involved, she got him out, that?s when

she found out all this had happened. She said she don?t know where the card was

that they left, but said she had been responding to every card they had left

letting them know that this had already been resolved. She said she don?t

understand why the paperwork hasn?t been properly filed.



Ms. London said after Mr. Hammonds was released from jail, they came back

down to the Government Center about 10:30 p.m., they talked with Sergeant Sites

and he told them someone would be in contact with them on Monday, but no one

never called; so they came back down on yesterday afternoon and tried to see

Sheriff Johnson. She said after about 10 minutes of trying to find out if he

was here they finally were told to ask his secretary to make an appointment to

talk to the Sheriff, but she said she couldn?t make the appointment, but she

would take their names and they would have to come back.



She said this matter should not have happened and the reason she is here

today is because she doesn?t want another Emily Walker situation. She said she

don?t want to be in her position.



Mayor Poydasheff said he would do what he said he was going to do.

He then asked Ms. London to have her attorney to call him.



***

*** ***



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

McDaniel then made a motion for adjournment. Seconded by Councilor Suber and

carried unanimously by those six members of Council present at the time, with

Councilors Allen and Davis having already left the meeting with the time being

10:39 A.M.



***

*** ***





Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia