Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

NOVEMBER 2, 2004





The monthly night meeting of the Council of Columbus, Georgia was called to

order at 5:30 P.M., Tuesday, November 2, 2004, on the Plaza Level of the

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

and Honorable John J. Rodgers, Mayor Pro Tem presiding.



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PRESENT: Present other than Mayor Poydasheff and Mayor Pro Tem John J. Rodgers

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

Julius H. Hunter, Jr., and Evelyn Turner Pugh. City Manager Carmen Cavezza,

City Attorney Clifton Fay, Clerk of Council Tiny B. Washington and Deputy Clerk

of Council Sandra Davis were also present.



ABSENT: Councilors Charles E. McDaniel, Jr., Nathan Suber and Evelyn Woodson

were absent, but were officially excused upon the adoption of Resolution

Numbers 462-04, 463-04 & 464-04 respectively.



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

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PLEDGE OF ALLEGIANCE: Led by Miss Poppy, Cassandra Taylor & Little Miss Poppy

Hunter Folds.

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Councilor Anthony said he would like to thank the citizens on behalf of

this Council for going out to vote, with record numbers of people having stood

in line for sometimes an hour or two hours to vote. He said he thinks that is a

tremendous thing and the people need to be commended for their citizenship and

exemplary lives, and modeling that for our younger generation.

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CHARACTER WORD:



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

the character word for the month of November. He said we are indeed committed

to be a City of Charter and we invite every citizen to join in that commitment.



He said the character word for this month is self-control. He said when we

hear the word self-control, we think of things like appetite, temper and bad

habits and said we all need self-control.



Mr. Wilson said some related words to ponder and practice are stability,

constraint, balance, discipline and patience. He said self-control indeed

means exercising authority over ones emotions and actions.



He said the great poet Tennyson has said self-reverence, self-knowledge,

and self-control, these three alone leads life to sovereign power.

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?P.E.E.R. AWARDS?:



Ms. Reather Hollowell came forward and said she is here tonight to present

six employees to the Council, who are recipients of this quarter?s P.E.E.R.

Awards. She said one employee Mr. Joe Steed will be the recipient of our

Individual Excellence Award and the other five will be receiving the P.E.E.R

Award. She said we have completed our first full year of this program, which

has been received so well by the employees and would like to thank the Council

for the support that they have given. She said it has helped us in the terms of

morale just tremendously and we really do appreciate your support of this

program.



Councilor Turner Pugh then called forward Mr. Joe Steed, Ms. Judan Thomas,

Mr. George Henderson, Ms. Millie Del Torro and Ms. Verlinda Chaney.



She then read Mayor Poydasheff?s proclamation, proclaiming November 2,

2004, as a day for each of the individuals named above.



INDIVIDUAL EXCELLENCE AWARD:



Councilor Turner Pugh said the purpose of the Individual Excellence Award

Program is to provide an opportunity for the Columbus Consolidated Government?s

Leadership Team to recognize individual employees for promoting excellence in

support of the City?s mission. She said this award is the highest form of award

recognition bestowed upon an employee of the Columbus Consolidated Government.

She said this quarter?s award goes to Mr. Joe Steed and then read Mayor

Poydasheff ?s proclamation, proclaiming November 2, 2004 as ?Joe Steed Day?, in

Columbus, Georgia.



Mayor Poydasheff then presented the proclamation to each of those

employees as named above.



Councilor Davis said he would like to thank our employees, but said he

would like to also thank Ms. Reather Hollowell, as she is such a shining star.

He said he wished that we had an award or gift to give to her because she is

such an outstanding citizen and employee for the City Government. He said she

does so many things and works with such a diverse group of people and said most

of the time the work she does goes unnoticed.

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PROCLAMATIONS:



?POPPY DRIVE WEEK?:



With Ms. Cheryl Boswell, Miss Poppy, Cassandra Taylor, Little Miss Poppy

Hunter Folds, Ms. Gerdie Humphries, Mr. Joe McMahan, Ms. Lori Odom, and Ms.

Iris Poole standing at the Council table, Councilor Hunter read the

proclamation of Mayor Poydasheff proclaiming the week of November 5 - 7, 2004,

as ?Poppy Drive Week? in Columbus, Georgia.

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NEIGHBORHOOD LEADERSHIP ACADEMY:



Ms. Gloria Weston-Smart of the Keep Columbus Beautiful Commission came

forward to introduce the graduates of the 2004 Neighborhood Leadership Academy

Program.



She said she would like to ask three of the members of this group to come

forward to highlight some of their activities and to give an overview of their

program.



She said this year they have a very special project, where they did a

service project for one of their class members, Ms. Childs.



Ms. Weston-Smart then called forward Mr. Glasgow, Rev. Phillips and Ms.

Childs who are a part of this graduating class, for them to give their views of

what the Academy has meant to them.



She said those who might not be familiar with this program, the

Neighborhood Leadership Academy Program is a series of educational program to

introduce area residents with the services of the City, as well as to find out

how to access those services. She said they have completed about seven and a

half weeks of activities every Tuesdays and Thursdays evenings at the Columbus

Boys Club and our Neighborhood Leadership Academy focused on area residents in

Columbus South in the Winterfield area.



Ms. Childs, Reverend Phillips and Mr. Glasgow each came forward and

expressed their appreciation to the City of Columbus for this program and

stated what it has done for the residents in the Winterfield area.



Mayor Poydasheff then presented a certificate to each of the following

graduates as named below:



Craig Amos, Myrick Basset, Pam Burton, Annie Canady, Lillie Childs, Kirby

Coven, Evelyn Eagle, Mary Ann Ellis, Bro. Glasgow, George Hampton, Sarah

Jackson, Cornelius Jackson, Johnnie Mays, Latonya Phillips, Rev. Willie

Phillips, Teresa Phillips, Sharon Rogers, Jamie Walker, Johnny Warren, Patricia

Webb, Albert White and Estella Whitfield.



Ms. Weston then thanked those who participated in this program and said

she knows that they will go out and do a great job for their neighborhood.

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CITY ATTORNEY?S AGENDA:



THE FOLLOWING THREE RESOLUTIONS WERE SUBMITTED BY CITY ATTORNEY FAY AND

DELAYED FOR ONE WEEK AT THE REQUEST OF COUNCILOR

DAVIS:



A Resolution - Commending and congratulating Karl Douglass, Vice President

of Licensing for AFLAC, upon his recent profile in Georgia Trend magazine as

one of Georgia's 40 brightest leaders under the age of 40.



A Resolution - Commending and congratulating Benjamin S. Richardson,

Muscogee County Solicitor General, upon his recent profile in Georgia Trend

magazine as one of Georgia's 40 brightest leaders under the age of 40.



A Resolution - Commending and congratulating Deidre Williams, Manager of

the Training and Development Team at TSYS, upon her recent profile in Georgia

Trend magazine as one of Georgia's 40 brightest leaders under the age of 40.



Councilor Davis said he knows that one of these individuals is out of

town; therefore, he would like to delay these resolutions until next week to

allow all three of them to be present.



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WITH MS. GRACE NAGEL STANDING AT THE COUNCIL TABLE, THE FOLLOIWNG

RESOLUTION, WHICH WAS ADOPTED ON OCTOBER 19TH BY THE COUNCIL WAS AGAIN

SUBMITTED AND READ IN ITS ENTIRETY BY COUNCILOR DAVIS AND PRESENTED TO MS.

NAEGEL:







A Resolution (438-04) - Commending and congratulating Konrad Kalpen and

Grace Nagel of Columbus High School upon their selection for the State

Superintendent of Schools 2004 Student Advisory Council.



Councilor Davis moved the affirmation of the resolution. Seconded by

Councilor Henderson and carried unanimously by those seven members of Council

present standing to cast their affirmative votes.

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



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MINUTES: Minutes of the October 19, 2004 meeting of the Council of the

Consolidated Government of Columbus, Georgia were submitted and approved

unanimously by those seven members present upon the adoption of a motion made

by Mayor Pro Tem Rodgers and seconded by Councilor Allen.

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ZONING PUBLIC HEARING:



THE FOLLOWING ORDINANCE WAS SUBMITTED AND IT?S CAPTION READ BY CITY

ATTORNEY FAY AND A PUBLIC HEARING WAS HELD AS

ADVERTISED:



An Ordinance - Rezoning properties located at 1302, 1304, 1306 and 1308

16th Street; and the west end of 1538 13th Avenue from C-2 and R-3A Districts

to an A-0 District. (56-CA-04-D.R. Properties, LLC)



Mr. Tommy Davis, 5675 Cascade Court said he is here tonight as a

spokesperson of D.R. Properties, LLC which is made up of a group of local

physicians here in Columbus and said some of them are present here tonight and

with the Council?s permission, he would like to introduce them.



He then introduced Dr. Hollis Sigman, Dr. Todd Jarrell, Dr. Tommy Stewart

and Dr. Serena Tidwell. He said Dr. Bill Simpson and Dr. Jim Dorchak are also

involved in this particular project. He said there are a lot of addresses

listed on this particular rezoning and said he hopes to clarify some of the

comments that he has heard back from the Council members on this particular

issue.



He said one of the first things that he needs to clarify is what they are

really seeking the rezoning on. He said in the packet that was sent out by the

Planning Division, it encompass the entire A-O piece that runs all the way back

to 14th Avenue. However, they are not seeking rezoning on that portion, as it

currently is rezoned A-0, which means they can already build the project that

they want. He said the front portion is already rezoned C-2 and he believes

that also would accommodate offices.



Mr. Davis said the reason for the request of the rezoning is to complete

the entire project and make it a project that they need; they needed some

parcels down 16th Street. He said what they are requesting is a contagious

rezoning coming off of a C-2 & A-O for approximately 4-5 pieces of property on

16th Street. Also, to complete the project, they were looking at 1541 14th

Avenue. He said it was stated in the packet of information, the property is

currently owned by Calvary Christian Ministries; however that is incorrect. He

said DR Properties, LLC has already purchased all of the property that he is

talking about, with the exception of one of the pieces on 16th Street and in

addition, they have already purchased the piece of property on 14th Avenue.



He said when they first came before the Planning Advisory Commission,

there were some individuals who came from the East Highland Revitalization Plan

and they were concerned about the fact that we were intruding into a

neighborhood when in fact, the A-0 that has been intrusive into the

neighborhood for some time now. He said they didn?t have an opportunity to

discuss anything with them prior to the PAC meeting because they didn?t contact

them; however, since that time he has discussed their two concerns with them.



Mr. Davis said one of their concerns was that the Columbus Housing

Initiative was looking at this area for revitalization of houses; however, he

has spoken with Cathy Williams of the Columbus Housing Initiative and she has

spoken to the leader of this group and explained to them that their focus was

the property north of 17th Street. He said they really were not focusing in on

this area where they are seeking this rezoning.



He said one of their other concerns was that Habitat for Humanity was also

looking at this area, but he has also talked with Mac Flowers and he can?t find

out anywhere they are looking at this area either.

Mr. Davis said they are looking at only a very small section of this

property to be rezoned; and it?s all contagious with the existing rezoning and

feel that it is necessary.



He said they have tried to be sensitive to the concerns of the

neighborhood and can?t find any opposition; so, they are here tonight seeking

your approval so they can go ahead and put a project in that they feel like

will be the catalyst for the revitalization of an area that is in dire need of

it.



Mr. Davis spoke for some fifteen minutes in outlining their reasons for

this request, after which he then responded to questions of members of the

Council.



City Manager Cavezza said what they are saying is their focus, but said it

is zoned according to the plan and said that area is rezoned mid-density,

residential. He said it really doesn?t take into consideration what CHI or

Habitat is planning. He said it is consistent with the City?s Comprehensive

Plan.



Mayor Pro Tem Rodgers said in light of what little development has gone on

up there, and the fact that we have CHI and Habitat recapturing this land, is

it realistic to think that it is going to come south of 17th or are we

depending on the market to develop that as residential?



City Manager Cavezza said the approach that we are taking and what he

tells the staff to do is that we go by the Comprehensive Plan. He said the

Comprehensive Plan that has been approved by the Council says that is

mid-density residential and therefore we are not going to come in and request

an exception; however, the Council can change that.



After more than thirty minutes of discussion on this matter, Mr. Davis and

City Manager Cavezza then responded to further questions of members of the

Council.



City Attorney Fay then called up the second portion of the petition which

includes rezoning properties located 1310, 1318 and 1320 16th Street and 1541

14th Avenue from C-2 and an R-3A Districts to an A-0 District. (56-D-04-D.R.

Properties, LLC)





He then asked if there was anyone in opposition to any part of this

proposed rezoning ordinance, but there were none. He then advised that this

ordinance would be voted on next week.



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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND A PUBLIC HEARING WAS HELD AS ADVERTISED AND ITS FIRST READING

DELAYED FOR ONE WEEK AT THE REQUEST OF MAYOR PRO TEM RODGERS:



An Ordinance - Rezoning property located at 4347 Macon Road from an R-1A

District to an R-3 District. (57-D-04-Jones)



PROPONENTS & OPPONENTS:



Ms. Gabriel Jones, 1312 Briarwood Avenue came forward and stated that she

has had a daycare facility at this location for the past two years for 24

hours, seven days a week. She said she cater to the community workers who do

not work a 9 to 5:00 shift, such as the military and hospital workers. She said

if given the opportunity, she would help and provide a quality-learning

environment for even more children, as well as create jobs for more teachers

with a hunger to help children who love to learn.



She said she went to one of her neighbors, who opposes this request, which

is one of 23 at Block 11 and advised him what her plans are for this property.

She said he explained to her that he wanted a buffer around the property.



Ms. Jones said she brought with her a member of the Smart Start and some

other individuals that this would affect, if she didn?t expand this facility.



She said she differs with the Planning Division?s recommendation of denial

because just across the street is all commercial businesses, which includes

Allstate, and a veterinary clinic. She said there are only seven people living

in this area on Macon Road. She said it is a very busy area.



Ms. Jones said as far as the future of the City, she believes that she can

make a major impact on the community by expanding this business.



After the conclusion of her presentation, Ms. Jones then responded to

questions of members of the Council.



Mayor Pro Tem Rodgers said he would like to have an opportunity to visit

this property and to take a look at the facility. Therefore, he is going to ask

for a one-week delay on this and to continue first reading of this ordinance.

Seconded by Councilor Davis.



He said he would like to meet with Ms. Jones to see if we can work this

out. He said he really doesn?t have any objections with something along Macon

Road, but said if it intrudes or imposes on that neighborhood behind you and if

it impacts negatively too badly; then he does have a problem with it.



Mayor Poydasheff then called the question on the motion to delay this

matter and continue the first reading for one week, which carried unanimously

by those seven members of Council present for this meeting.



Ms. Jones then responded to further questions of members of the Council.



City Manager Cavezza said Ms. Jones is planning on using the structure

that is currently there and does not plan on expanding that facility.



City Attorney Fay then asked if there was anyone who wanted to speak in

opposition to this proposed rezoning ordinance.



OPPONENTS:



Mr. Walter Foster, 4336 Wilson Street said his property is directly behind

this property. He said his main objection is the noise. He said Ms. Jones did

talk in the meeting at the Planning Advisory Commission about putting up a

buffer, which is the fence. He said he realizes that Macon Road will be all

businesses, but said their main objections is the noise and it being a daycare

center operating 24 hours a day with a large number of children.



Mayor Pro Tem Rodgers said typically he sees a daycare center as running

from 7:00 a.m. - 6:00 p.m. and said if you are going to have a

24-hour service, how many children are you planning on having there at night?



Ms. Jones said she would like to have maybe 18 at night also and said what

she does is cater to the people who doesn?t work the normal 9 to 5 job.



Discussion continued on this matter, with Ms. Jones and members of the

Planning Division, as well as City Manager Cavezza responding to further

questions of the members of Council



Ms. Jones said there are some other individuals who want to speak to this

issue on her behalf.



Mr. Michael Jordan appeared and said he owns the property at 4337 Macon

Road and said it is approximately 200 by 215. He said there is a cyclone fence

going all the way around the house at this time. He said Ms. Jones has put in

some 5 ft. fencing for the younger children to play in. He said the entire

backyard is not just left for the children to run around in.



He said he comes from a family of 14 that was raised in this house and he

feels like the house was made for this type of daily living, because his

parents had 36 grandchildren that were also raised in this house in the last 50

years.



Mr. Jordan said he just wanted to speak for Ms. Jones and answer any

questions that he could which pertain to the property.



Mr. Jordan then responded to questions of members of the Council as it

relates to the square footage of the property.



City Attorney Fay pointed out to Mr. Jordan that the Planning Division

needs to know what you are allowing Ms. Jones to apply for as an agent, if that

is the case.



After more than 45 minutes of discussion, Mayor Poydasheff then pointed

out that this matter will be delayed for one week to allow the staff to look

into what?s being leased and who will be responsible for the conditions if the

rezoning is granted.



City Attorney Fay then advised Mr. Jordan to get together with the

Planning Division staff to let them know exactly what is being applied for.



City Manager Cavezza said we will look into this matter further, but

according to the plat the lot is 194 x 100 feet. He said that we would clarify

all of this.



With there being no further discussion on this issue, City Attorney Fay

then declared this public hearing has been held and advised that the first

reading was delayed for one week.

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CITY ATTORNEY?S AGENDA CONTINUED:



THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY, INTRODUCED ON FIRST READING AND DELAYED FOR ONE WEEK AT THE REQUEST OF

COUNCILOR

DAVIS:





An Ordinance - Amending Chapter 15 of the Columbus Code (Pawnbrokers) so

as to provide new definitions; new regulatory fees; new licensing regulations;

new requirements for the filing of computerized daily reports; and for other

purposes.



Councilor Davis said that he has some information that leads him to

believe that we might need to see if we can get some more parties involved in

this matter, to answer some of the issues and concerns at the table. He said he

thinks that there are some valid concerns in the pawnbroker area and he doesn?t

think we need to rush into this right now and possibly get some of those people

in here to address these issues.



Mayor Poydasheff then called Lt. Gil Slouchick to come forward and make

some comments on this issue.



Lt. Gil Slouchick of the Columbus Police Department said he has received

some telephone calls; therefore, he called all of the owners of the pawnshops

and invited them to attend a meeting last night at 6:30 p.m. at the Public

Safety building. He said they had 21 people representing 17 different pawnshops

at that meeting. He said there were some concerns and issues that were raised

that he addressed, but said he didn?t have anyone to stand and say that they

didn?t want to do this. He said one of the concerns raised prior to the

meeting was the timing that we are doing this. He said he found out that some

of these pawnshop owners who don?t have programs that are compatible are

waiting to go out and buy systems and that we are asking them to change the way

they do business during November and December, which is their busiest time of

the year is kind of unreasonable.

He said he has agreed to wait, for the ones that need it, with the Council?s

approval and ask them to be on line and ready to go by June 1st.



Councilor Turner Pugh said as it relates to the timing of this issue, we

could put a condition in the ordinance that would allow them six months from

the time the ordinance become effective to allow them to come into compliance.



City Attorney Fay said right now the ordinance says effective January 1,

2005, but said we can put whatever date the Council wants to put in.



Mayor Poydasheff said the Chief has stated that six months would be

appropriate.



Councilor Turner Pugh then made a motion to amend the ordinance to state

the effective date of the ordinance would be June 1, 2005. Seconded by Mayor

Pro Tem Rodgers.



Councilor Davis said he still thinks that there are some minor issues that

need to be worked out whether people are coming forward or not. He said he

thinks that we need to give these people every opportunity to work through

this. He said we have only been working on this ordinance since September and

said some of these people that he knows have been out of town.



Several minutes of discussion continued on this issue, with Mayor

Poydasheff and Lt. Slouchick responding to those concerns of Councilor Davis.



City Attorney Fay said we are talking about amending the one section that

says effective June 1, 2005, the computer reports, but said the rest of the

ordinance would be effective after you pass the ordinance.



Councilor Davis said he doesn?t mind amending the ordinance, but he would

like to ask for a one-week delay.



Mayor Poydasheff then called the question to amend the motion, as stated

above, which carried unanimously by those seven members of Council present for

this meeting.



Discussions continued on this matter for approximately forty-five minutes

with Councilor Davis expressing further views as it relates to this matter and

members of the Council and Lt. Slouchick responding to those further concerns

of Councilor Davis.



Lt. Slouchick said nothing is going to change with the way we do business

with pawnshops in Columbus, except for the way they give him the information

and report it to him. He said the only thing that is changing is how they give

him the information.



After further discussions, Lt. Slouchick also responded to other questions

of Council members, after which Councilor Davis then made a motion to delay

this matter for one week. Seconded by Mayor Pro Tem Rodgers and carried

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



Ms. Barbara O?Brien of Cash America also appeared and expressed her

support of this issue.



This matter was concluded after more than one hour of discussion



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PUBLIC AGENDA:



MR. PAUL OLSON, RE: REFERENDUM FOR THE CITY?S LOCAL OPTION SALES

TAX:



City Attorney Fay said for the record, he would point out that Mr. Olson

informed Clerk of Council Washington that he was going to speak on behalf of

the Don?t Be Held Hostage Vote No Committee, as he is the Chairperson of that

Committee. He said he informed him that he couldn?t do a promotion on the

Consolidated Government?s television station, but that he could wait until the

end of the meeting to speak or come back and said he takes it that he has

declined to do that.

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CITY MANAGER?S AGENDA:



THE FOLLOWING FOUR RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY

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

MOTION MADE BY MAYOR PRO TEM RODGERS AND SECONDED BY COUNCILOR TURNER PUGH,

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

MEETING:



A Resolution (448-04) - Authorizing the execution of a Quit Claim Deed to

Isaiah Hugley, Sr. and Carolyn F. Hugley for 0.226 acres on 3312 St. Mary's

Road for the St. Mary's Road Widening Project in exchange for the Fair Market

Value of said uneconomic remaining property (Parcel 6r). The City will pay the

said property owner the fair market value for the offset amount.



A Resolution (449-04) Authorizing the execution of a Quit Claim Deed to

Bobby G. Penny and Connie Penny for 0.176 acres of property at 110 Brennan Road

in exchange for portion of Parcel 5r and 6r for the St. Mary's Road Widening

Project. The property owner will pay the City fair market rate for the offset

amount.



A Resolution (450-04) - Authorizing the execution of a Certificate of

Ownership, Maintenance Agreement and subsequent necessary agreements with the

Georgia Department of Transportation to cover the acquisition and clearance of

rights of way for the construction of the Eastern Connector from Red Arrow Road

to Chattsworth Road totaling 1.16 miles.



A Resolution (451-04) - Accepting a deed to Sonoma Court and Portion of Sonoma

Pointe Drive located in Section Two, Sonoma Pointe.



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THE FOLLOWING TEN PURCHASING RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY

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

SINGLE MOTION MADE BY MAYOR PRO TEM RODGERS AND SECONDED BY COUNCILOR TURNER

PUGH, WHICH CARRIED UNANIMOUSLY BY THOSE SEVEN MEMBERS OF COUNCIL PRESENT FOR

THIS MEETING:



A Resolution (452-04) - Authorizing the purchase of pottery supplies from

Mid-South Ceramic Supply for the estimated contract value of $8,674.00. The

Parks & Recreation Britt David Cultural Arts Studio will utilize the pottery

supplies. The term of contract shall be for one year, with the option to renew

for two (2) additional twelve-month periods. Contract renewal will be

contingent upon the City and the Contractor.



A Resolution (453-04) - Authorizing payment to Freeman & Associates, Inc.

(Columbus, GA), for emergency concrete work at Memorial Stadium in the amount

of $22,722.50; whereby the exterior staircases to the second floor of both

concession stands, a total of four staircases, required immediate repairs in

order to reduce the possibility of injury to the public. The concrete stairs,

which were built into the earth embankments, were undermined due to rainwater

erosion. Rainwater washed out large cavities under the steps at the second

floor level, which eliminated the required support system and subjected the

steps to collapsing. Freeman & Associates, Inc., removed concrete slabs at the

second floor level and pumped flowable concrete into the cavities. The vendor

replaced the concrete slabs, installed appropriate drains and sealed all open

joints to prevent water from getting under the steps. These measures should

prevent further occurrences of erosion problems.



A Resolution (454-04) - Authorizing the expenditure of the appropriated

funds to the Muscogee County Nutrition Program (Columbus, GA) in the estimated

amount of $515,000.00 to provide nutritional meals and snacks for the Before

and After School and Summer programs during the 2004-2005 school year and

summer of 2005. The Parks and Recreation Department administers the After

School Program in 32 locations throughout the City during the school year and

65 locations throughout the summer. Along with the activities sponsored by the

programs, nutritious meals and snacks are provided, daily, to participants at

no significant cost to the City.



A Resolution (455-04) - Authorizing the purchase of arts and craft supplies

from U. S. Toy/Constructive Playthings, Oriental Trading, S & S Worldwide and

Sportime at a percentage discount ranging from 5% to 10% on an ?as needed

basis?. Presently, the Parks and Recreation Department has various divisions,

including: After School Program, Community Schools, Seniors, Special

Populations, and Recreation which purchase a variety of arts and craft supplies

via catalogs and at discount stores. To facilitate these purchases, vendors

were asked to submit percentage discount bids for purchases, since most vendors

offer similar, but not exactly the same type of arts and crafts. The term of

this contract period shall be for one year, with the option to renew for four

(4) additional twelve-month periods. Contract renewal will be contingent upon

the mutual agreement of the City and the Contractor.



A Resolution (456-04) - Authorizing the purchase of seventy-six (76) HP

Compaq dc7100 Small Form Factor desktop computers from Hewlett Packard

Government Sales (Atlanta, GA) in the amount of $104,424.00. The computers

will be purchased via Georgia State Contract / WSCAS #90-00151, and will be

installed in the new library.



A Resolution (457-04) -. Authorizing the purchase of a Canon ImageRUNNER

C3220 Digital Color Copier / Printer / Fax / Scanner and maintenance agreement

from The Overby Company in the amount of $24,655.00. The 36-month

comprehensive maintenance agreement includes all parts, labor and consumables

(toner, drums, rollers, etc.) for 270,000 black & white copies and 90,000 color

copies. The consumables do not include copier paper and staples and the

equipment will be purchased via Georgia State Contract / GTA000119, and will be

installed in the new library.



A Resolution (458-04) - Authorizing the procurement of fiber optic services

from BellSouth (Albany, GA) in the amount of $12,069.00. The Traffic

Engineering Division is constructing a new 450' radio tower at 2129 Garfield

Drive, for the purpose of relocating the City?s 800 MHz Radio System Prime

Transmission site from the WXTX-TV Tower site (5850 Laing Street). This will

enable the City to own its Prime Transmission tower rather than leasing tower

space from WXTX for $49,200.00 per year. BellSouth will extend two existing

fiber optic circuits from the WXTX-TV Tower site to the new Garfield Tower

site. Without this extension of the fiber optic circuits, the City?s new Prime

Tower site will not be able to communicate with the 911 Center and the River

Road Tower site.



A Resolution (459-04) - Authorizing payment to Motorola Communication

Enterprise (Charlotte, NC) in the amount of $58,362.50 for mobile data terminal

software maintenance license and support; which provides support for mobile

data terminals in the Police Department, Sheriff?s Office, Fire Department,

Marshall?s Office and Inspections & Codes. The maintenance period is July 2004

through June 2005. All of the equipment is manufactured by Motorola and is

proprietary in nature. Therefore, this payment is considered an Only Know

Source, per Section 3-114 of the Procurement Ordinance.



A Resolution (460-04) - Authorizing the purchase of a half-house curtain

system from RSL Theatrical in the amount of $99,950.00. The vendor will

provide all labor, equipment and materials to install the half-house curtain

system at the Civic Center.



A Resolution (461-04) - Authorizing the purchase of two hundred (200)

riot shields from Security Pro USA in the amount of $13,600.00. The riot

shields will be used by the Columbus Police Department during the School of

Americas demonstration beginning on November 19, 2004.



*** *** ***



EXECUTIVE SESSION:



Mayor Poydasheff said he would defer his request for an executive session

until next week. (See below for additional discussion on this subject.)

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

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

CLERK OF COUNCIL'S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR &

COUNCIL:





(1) ACCG?s County Line Newsletter, Volume 17, No. 4.



(2) Memorandum from ACCG, Re: 2004 District Meeting, November

18, 2004, at 6:00 p.m., at Mom?s Kitchen in Preston/Webster County.



(3) Biographical Sketch of Mr. Howard Bickerstaff, Councilor Suber?s

Nominee to replace Mr. Andy Hidle on the Historic & Architectural

Review Board.



(4) Biographical Sketch of Mr. John Lester, as submitted by

Uptown

Fa?ade Board to replace Mr. Brad Strickland on the Uptown Facade

Board.



*** *** ***



THE FOLLOWING FOUR RESOLUTIONS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND APPROVED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A MOTION

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

UNANIMOUSLY BY THOSE SEVEN MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:





A Resolution (462-04) - Excusing Councilor Charles McDaniel from the

November 2, 2004 Council Meeting.



A Resolution (463-04) - Excusing Councilor Nathan Suber from the November

2, 2004 Council Meeting.



A Resolution (464-04) - Excusing Councilor Nathan Suber from the November

2, 2004 Council Meeting.



A Resolution (465-04) - Receiving and approving the report from the

Finance Director of those alcoholic beverage licenses that were approved and/or

denied during the month of September 2004.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE

COUNCIL:



Animal Control Advisory Board, October 12, 2004.

C. I. R. C. L. E., September 14, 2004.

Convention & Visitors Bureau, June 16, 2004.

Convention & Visitors Bureau, September 15, 2004.

Convention & Visitors Bureau, October 15, 2004.

Golf Course Authority, September 28, 2004.

Hospital Authority & Audit Report, September 22, 2004.

Housing Authority, September 22, 2004.

Planning Advisory Commission, February 4, 2004.

Planning Advisory Commission, February 18, 2004.

Planning Advisory Commission, March 3, 2004.

Tax Assessors, No. 40.

W. Central GA Regional MH/DD/AD Planning Board, August 17, 2004.

Zoning Appeals, Board of, July 7, 2004.

Zoning Appeals, Board of, August 4, 2004.

Zoning Appeals, Board of, September 1, 2004.



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

Mayor Pro Tem Rodgers and carried unanimously by those seven members of Council

present for this meeting.



*** *** ***



BOARD APPOINTMENTS:



ANIMAL CONTROL ADVISORY BOARD:



Clerk of Council Washington pointed out the terms of office of Ms. Jimmie

Graham and Ms. Maxine Lee on the Animal Control Advisory Board expired on

October 15, 2004 and that they are not eligible to succeed themselves.



Mayor Pro Tem Rodgers then nominated Ms. Penny Leigh Short for Ms. Jimmie

Graham?s position and Ms. Cynthia Maisano for Ms. Maxine Lee?s position.



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

for the Council?s confirmation.



*** *** ***



BUILDING AUTHORITY OF COLUMBUS:



Clerk of Council Washington pointed out that two weeks ago Mr. Jim Buntin

was nominated to fill the unexpired term of Mr. Donald Gates, whose seat was

declared vacant by the Council and that he may now be confirmed. Mayor Pro Tem

Rodgers so moved. Seconded by Councilor Allen and carried unanimously by those

seven members of Council present for this meeting.



*** *** ***



CIVIC CENTER ADVISORY BOARD:



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

working on a nominee for someone to succeed Mr. Terry Hattaway, who has

resigned his seat on the Civic Center Advisory Board.



*** *** ***



COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



Clerk of Council Washington pointed out that Councilor Turner Pugh is also

working on a nominee for someone to succeed Mr. Douglas Bryant as Council

District Four?s representative on this board.



Councilor Turner Pugh said you should be receiving a biographical sketch

from her nominee on this board.



*** *** ***



CONVENTION & VISITORS BOARD OF COMMISSIONERS;



Clerk of Council Washington pointed out that Mayor Poydasheff is

nominating Brian Plemmons to fill the unexpired term of Michael Garrigan who

has resigned from the Convention & Visitors Board of Commissioners.



Mayor Pro Tem Rodgers then moved he be confirmed. Seconded by Councilor

Allen and carried unanimously by those seven members of Council present for

this meeting.



*** *** ***



HISTORIC & ARCHITECTURAL REVIEW:



Clerk of Council Washington pointed out that Mr. Charles Hidle has

resigned from his position on the Historic & Architectural Review Board.

Councilor Henderson then nominated Mr. Howard Bickerstaff for this position in

the absence of Councilor Suber.



*** *** ***



LAND BANK AUTHORITY:



Clerk of Council Washington pointed out the Council needs to nominate

someone for Mr. James Wilson?s seat as he has been appointed to serve on the

Public Safety Advisory Commission. She also pointed out that Mayor Poydasheff

need to nominate someone for Mr. Robert Turner?s seat as he has also been

appointed to serve on the Public Safety Advisory Commission. There were no

nominations.



*** *** ***



PUBLIC SAFETY ADVISORY COMMISSION:



Clerk of Council Washington said she has outlined the Public Safety

Advisory Commission seats and those individuals that have been nominated and

confirmed by the Council.



She said that Councilor Anthony has his nominee on today.



Councilor Anthony then nominated Ms. Cheryl Gallatin. Councilor Henderson

then made a motion to confirm Ms. Gallatin. Seconded by Councilor Allen and

carried unanimously by those seven members of Council present for this

meeting.



*** *** ***



RECREATION ADVISORY BOARD:



Clerk of Council Washington pointed out that Councilors Hunter and Turner

Pugh are working on getting a nominee for their Council Districts for Council

District 3 to succeed Mr. Robert Loving who has resigned as well as Council

District 4, Mrs. Debra Aldridge?s seat, who is deceased.



*** *** ***



UPTOWN FA?ADE BOARD:



Clerk of Council Washington pointed out that Uptown Columbus is

recommending Mr. Mark Renner as their nominee to serve a second term of office

on this board. Mayor Pro Tem Rodgers moved he be confirmed. Seconded by

Councilor Allen and carried unanimously by those seven members of Council

present for this meeting.



She further pointed out that the Uptown Business Association is

recommending Mr. John Lester to fill the unexpired term of Mr. Brad Strickland,

whose seat was declared vacant by the Council. Mayor Pro Ten Rodgers moved he

be confirmed. Seconded by Councilor Allen and carried unanimously by those

seven members of Council present for this meeting.



*** *** ***



UPCOMING EVENTS:



City Manager Cavezza informed the Mayor and Council of some upcoming

events as outlined below.



q Department of Transportation Informational Meeting on the Buena Vista Road

Widening Project, at Eastway Elementary School on Thursday, November 4th, 5:00

- 7:00 p.m.



q Legislative Luncheon with the Chamber and School District, Tuesday, November

16th, 12:00 noon at the Trade Center,



*** *** ***



Mayor Pro Tem Rodgers then made a motion to adjourn. Seconded by Councilor

Henderson.



*** *** ***



TRAFFIC ACCIDENT:



Councilor Hunter said over the past few days he has received a number of

telephone calls from constituents and non-constituents concerning the

unfortunate incident that occurred in our City with regards to the traffic

accident involving the little girl who was badly injured. He said the

individuals that have spoken to him are very concerned about the procedures

that took place at the scene of the incident and one of the questions that they

have, is why, at a minimum was the individual involved, not at least tested for

alcohol.



He said in looking at the media, the issue of probable cause comes up and

in watching the media report, he understands that there were a number of

witnesses to that incident.



He said with you, Mayor Poydasheff being the head of Public Safety and

with regards to this, asked the Mayor if he is going to conduct an independent

investigation surrounding the circumstances and follow up with those

individuals who witnessed the incident.



Mayor Poydasheff said for the record, all of us are sorry that the young

lady suffered that injury. He said he indeed went to see the family Sunday

after church. He said he has had long extensive talks with Chief Boren and he

is aware of the officers involved. He said, as you know, under the new law, the

amendment to the Georgia Code, unless there is probable cause to believe that

there is alcohol or drug, etc., you may not conduct a breathalyzer or blood

test. He said what happened first of all, so that the record is very clear, no

one in the Sheriff?s Department conducted the investigation. He said the

investigation was done by the Columbus Police Department. He said the young

man; Mr. Johnson was given what is known as a FST, a Field Sobriety Test in

order to determine whether there is probable cause. He said he did indeed blow

into a balloon and there was no indication of any alcohol. He said Lt. McAneny

and others searched the vehicle completely and there was no alcohol or drugs.

He said there was no skid marks to indicate any speeding.



Mayor Poydasheff said Chief Boren is still working on that and the way the

thing stands right now, it is a tragic occurrence of a young girl darting out

in front of a car and at this time, he doesn?t plan to pursue any further

investigation into the matter.



Councilor Hunter said it is tragic and part of the problem is that much of

the information surrounding that incident is coming out tonight with regards to

your statement surrounding that.



Mayor Poydasheff said he made those remarks on 1420 and he thinks that

Chief Boren held a press conference on yesterday and Major Julius Graham

explained that.



Councilor Hunter said what this hearkens back to is the issue of having an

independent review of the incident. He said he understands that Public Safety

officials have come out and stated that there is no probable cause and that?s

fine. He said the outcry in the community that you hear from some parts with

regards to the independent review, the purpose for that, is to have someone or

some body not related or not close to that incident to review it. He said in a

situation like this, the issue is probable cause, was there sufficient evidence

that rose to a level of probable cause. He said it might very well be that

there was not probably cause, but in the minds of the general citizen, they

would feel more comfortable if there was a procedure in place to at least have

some type of an independent review of the situation. He said if that

independent body was able to review the evidence that you just stated, and then

publicly state that they have reviewed it independently and there was no

probable cause here, this was totally an unfortunate incident; he thinks this

would put ease to the minds of so many people.



Mayor Poydasheff said he hears what you are saying, and because of his

peculiar background he place trust in the professionals who did the

investigation, certainly Chief Boren and Major Graham, but he thinks this may

be an appropriate time, to ask and he is going to look to Councilor Anthony,

until the investigative committee gets a Chairman, to call them into session

and have a full scale meeting with the Chief and the individuals that conducted

the FST (Field Sobriety Test), etc., to look at all the factors that

interplayed on that situation.



Councilor Turner Pugh said the reason we have been able to grow in

Columbus is because people feel like their voices are heard and they are able

to talk and speak and ask questions. She said from a Councilor?s prospective

normally if anything happens in this community involving the Police Department,

whether it be a shooting or traffic accident that involves Public Safety, we

usually get notification as Councilors before we hear it in the news media with

any circumstances surrounding it and everything she has heard for the most part

has come from the news media. She said we are trying to make Columbus, One

Columbus and make everybody feel a part of it. She said if people have

concerns, she thinks they need to be addressed, wrong, right or indifference.



She said when you have an independent source looking at something it

dispels all of those negatives that are being said in the community, whether

they are right or whether the independent investigator is right.



Councilor Turner Pugh said when you have someone from the outside looking

at it, they are not a part of us, but we are being looked at. She said she

doesn?t see anything wrong with an independent investigation and if it is to

dispel rumors and make people feel good about the community, let?s do it.



She said one of the other things that she heard in the media, from

neighbors, both black and white neighbors, is that the roadway was used for an

international highway and all the speeding problems that they have had out

there in the past. She said she would like to ask our traffic division to do

something about looking at the traffic flow out there and determine whether or

not speed bumps are sufficient on this road.



Mayor Pro Tem Rodgers said he doesn?t differ with anything that has been

said thus far, but he would ask that the Mayor reconsider his request of

Councilor Anthony, because he doesn?t think that the Council should be involved

in any type of investigation; nor should he be the particular head of any

organization that is going to investigate anything. He said he doesn?t think

that this is what the Public Safety Commission was created for. He said this

board is to advise it is not to investigate.



Mayor Poydasheff said it is to advise, but they can?t advise unless they

look into an issue.



Mayor Pro Tem Rodgers said this is supposed to be an advisory body, not an

investigative body, to which the other Council members were in agreement on it.

In response to Mayor Poydasheff as to whether or not to ask the GBI to

investigate the matter, Mayor Poydasheff said he would suggest that we think

about it a little longer and make an accurate decision as to which way we

should go.



Councilor Anthony said the Mayor has had a good reputation of being

proactive in getting exterior investigations just to be sure that everything

looks appropriate and he would encourage him to pursue that. He said he thinks

this would be helpful to the entire community.



Mayor Poydasheff said if that were the consensus of the Council, he would

be delighted to do that. However, Councilor Henderson, said you, as the Public

Safety Director will have to make that call. He said he doesn?t think that he

explained to his nominee to the Public Safety Advisory Commission that they

were going to be put in a position of investigating anything.



Mayor Poydasheff said he didn?t call the GBI, because he didn?t know about

the incident until late Saturday and went to see the family on Sunday. He said

he was given the details and on Monday he was advised as to exactly what

happened. He said his concern was who was investigating and said it was

perfectly natural for the young man to call his father. He said under the

circumstances, it appears that the consensus that we have an independent

investigation in order to alleviate any fears or concerns and he doesn?t have

any problems with that. He said he would get a letter out to the GBI on

tomorrow.



Councilor Turner Pugh said if any time any one of our elected officials

family member is involved in something, wrong, right or indifference, there is

always some clouds cast over it, so to remove the cloud, let?s investigate, so

no one can say you are trying to hide any thing.



*** *** ***



EXECUTIVE SESSION:



Mayor Poydasheff said since Mr. Barron is present here on tonight, he

would like to go ahead and have an executive session to discuss a personnel

issue and a matter of potential litigation. Councilor Turner Pugh so moved.

Seconded by Councilor Allen.



*** *** ***



Prior to the vote on the motion being called, Mr. Joe Coley came forward

and made comments regarding the issue of the investigation be conducted

regarding the traffic accident on Oates Avenue.



*** *** ***



Mayor Pro Tem Rodgers then made another motion to allow the Council to go

into an executive session. Seconded by Councilor Turner Pugh and carried

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



*** *** ***



At 7:55 p.m., the Council adjourned its regular session to allow the

Council to go into an executive session.



At 8:07 p.m., the regular session was called back to order at which time

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

discussed a personnel matter and a matter of potential litigation, but there

were no votes taken.



*** *** ***



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

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

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

with Councilor Allen having already left the meeting during the Council?s

executive session, and the time being 8:08 p.m.





*** *** ***



Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia