Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGUREGULAR MEETINGAR

SESSION

FEBRUARY 5,

2002





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

called to order at 5:30 P.M., Tuesday, February 5, 2002, on the Plaza Level of

the Government Center, Columbus, Georgia. Honorable Bobby G. Peters, Mayor, and

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





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

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

Poydasheff, Evelyn Turner Pugh, Richard Smith, Nathan Suber and Evelyn Woodson.

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

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





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ABSENT: No one was absent.





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INVOCATION: Offered by Dr. Sharon Adams Croom - Pastor, M. L. Harris United

Methodist Church.

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PLEDGE OF ALLEGIANCE: Led by Mayor Pro Tem Rodgers.

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CHARTER REVIEW COMMISSION:



Mayor Peters said we would like to thank each member of the Charter Review

Commission for their service and said we will ask the City Attorney to prepare

a resolution and proclamation for these individuals that we can give to them

for their individual archives.



He said the Charter provides that every ten (10) years a Charter Review

Commission made up of twenty-five individuals throughout the community for a

time period of approximately 18 months, must review the City Charter to see if

there are any proposed changes, and said if there are, then each member of the

Commission can discuss them. He said if the majority of the Commission supports

a proposal then it is brought to the Council and placed on the ballot. He said

they could make whatever changes they deemed appropriate.



Mayor Peters said we would like to thank Mr. Ray Crowley, Chairperson and

his members of the Commission.



Mr. Ray Crowley - Chairperson, thanked the Mayor and Council for the

opportunity to serve the community in this capacity, and those members who have

faithfully provided their time to serve on this Commission. He then called the

members forward and allowed them to introduced themselves, which included the

following:



Mr. Joe Felicianco, Mr. Ed Dubose, Dr. Nemia Chi, Ms. Mary G.

Walker-Crooks, Mr. Don Cook, Mr. Jack Basset, Ms. Joyce Curry, Mr. Bob Hydrick,

Mr. Eddie Pritchett, Mr. Frank Meyers, Ms. Lisa Collins, Mr. Harold Bryant, Mr.

Joe Wiley, and Mr. Karl Douglas.



Mayor Peters said there are several members of the Commission that are not

here tonight, but we extend our thanks to them as well.

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DONATION OF PROPERTY TO THE CITY:



With Councilor McDaniel, Councilor Allen and City Manager Cavezza standing

at the Council table, Councilor McDaniel stated that we have been looking for

some land to build a new fire station in the Upatoi area, because the land that

we are now using is leased land. He said he went to talk with a friend of his

about two months ago, that owns a lot of land in that area and said on

yesterday, he and City Manager Cavezza had lunch with the gentleman and said

his friend has agreed to donate to the City two acres of land on McKee Road.

Using a small map of the area, Councilor McDaniel showed the property on the

map. He said the donor of the two acres is Mr. Bill Heard and said he

appreciates all that Mr. Bill Heard has done for the City of Columbus. He then

asked that City Attorney Fay prepare a resolution for next week?s Agenda, from

the Mayor and Council, thanking Mr. Bill Heard for his generous contribution to

the City of Columbus.



Councilor Allen also thanked Councilor McDaniel and Mr. Bill Heard for

everything they have done.



Mayor Peters said we also need to do a resolution thanking Mr. Lamar Beck

for allowing us to lease his property where the temporary fire station is

located.

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PROCLAMATIONS:



?BLACK HISTORY MONTH?:



With Ms. Carol Gertjegerdes- Publisher of the Columbus Times Newspaper,

along with several of the Committee members, standing at the Council table,

Mayor Peters read his proclamation, proclaiming the month of February, as

?Black History Month?, in Columbus, Georgia.



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?PARKS & RECREATION:



With Mr. Bill Chester, Athletic Coordinator, standing at the Council

table, Mayor Peters extended his and the Council?s best wishes to him for being

inducted in the Georgia State Hall of Fame 2002.



Mr. Chester said he is going to be inducted into the Hall of Fame on March

16, 2002 in Carrollton, Georgia. He said once he gets the specifics, he would

inform them, so those who would like to participate will be able to do so.



Councilor Henderson called for a resolution honoring Mr. Chester to be

presented to him after his induction.

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CITY ATTORNEY?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED BY CITY ATTORNEY FAY AND ADOPTED BY

THE

COUNCIL:





A Resolution (38-02) - Congratulating Judge Clay Land upon his

investiture as Judge for the U. S. District Court for the Middle District of

Georgia. Councilor Poydasheff moved its adoption. Seconded by Mayor Pro Tem

Rodgers and carried unanimously by those ten members of Council present for

this meeting.





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

FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR HENDERSON AND

ADOPTED BY THE

COUNCIL:





A Resolution (39-02) - Commending and expressing deep appreciation to the

Hughston Sports Medicine Hospital and the following contributing sponsors for

their generous support of the new Hughston Sports Medicine Pavillion at the

Bull Creek Golf Course: Lafarge Building Materials (formerly Blue Circle

Building Materials), Curtis Sign Company, Milton Sanders Building Contractors,

Danny Renfroe?s Roofing, ABC Supply and the Consolidated Government Department

of Public Services, Department of Facilities Maintenance and the Parks and

Recreation Department. Councilor Henderson moved its adoption. Seconded by

Councilor Poydasheff and carried unanimously by those ten members of Council

present for this meting.

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



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TRADE CENTER:



Mayor Peters said there was an article in the newspaper about the Trade

Center being a $30 million project, and said the City of Columbus has put in $5

million through a bond issue. He said that will not be paid off with property

taxes or local money, but said that will be paid out through the beer tax,

which State law has allowed that indebtness to be paid off that way.

He said a lot of private money would go into this expansion project of the

Trade Center. He said Columbus will become a second tier City, where we will be

available for conventions throughout the State of Georgia to come to Columbus.

He said the Trade Center is now utilized extremely well, as there was 480

events held there on last year and will be a lot more events in the future. He

said once it is expanded out to the River, he thinks it is going to be a

tremendous plus. He said it is really public/private partnerships that are

making these things happen and said the Council has been right on top of these

issues. He said these are your elected officials and if there are ever any

questions, to call them as well as the Mayor?s office and City Manager?s office

and we can sit down and go over all the information with you, because there is

a lot of misinformation that goes on out there.



Mayor Peters said Mayor Pro Tem Rodgers reminded him that the Trade Center

was built in 1978 with that same beer tax paying out that indebtness. He said

it cost $9 million to build the Trade Center in 1978, and today it will cost a

lot more money.

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ZONING PUBLIC HEARINGS:



THE FOLLOWING FOUR ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS READ BY

CITY ATTORNEY FAY AND A PUBLIC HEARING WAS HELD ON EACH AS ADVERTISED:







An Ordinance - Rezoning various properties located at 7921, 7915, 7920,

7926, 7932, 7938 & 7944 Ballantyne Way; and south of Boone Links Lane from an

R-1 and C-3 Districts to a R-3A District. (63-A-01-Developers-Investors, Inc.)



PROPONENTS & OPPONENTS:



The petitioner was present, but he did not make any presentation, as there

was no one present to oppose this proposed rezoning ordinance.



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An Ordinance - Rezoning approximately 0.7228 acres of property located

at 2401 Whittlesey Road from a M-1 District to a C-3 District. (64-CAA-01-Adams

Properties of Columbus, Inc.)



PROPONENTS & OPPONENTS:



Mr. Robert McKenna, representing the petitioner was present, but he did

not make any presentation, as there was no one present to oppose this proposed

rezoning ordinance.



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An Ordinance - Rezoning approximately 0.46 acres of property located at

1182 and 1190 Tate Drive from a C-2 District with the deletion of Condition #1

of Ordinance Number 00-34 to a C-2 district under the Buffer Ordinance

requirements. (65-D-01-Cunningham & Company, Engineers)



Prior to the petitioner making his presentation, Mayor Peters asked Mr.

Cunningham to state for the record, what the condition was in the ordinance and

why he wants it deleted.



PROPONENTS:



Mr. Cleve Cunningham, of Cunningham & Company, Engineers said they

understand that they are in compliance, as far as the Walgreen?s drugstore is

concerned. He said his client, Southeast Development company are working with

them on two Walgreen?s project, one on Wynnton Road at Tate Drive, which is

before the Council today and one on Buena Vista Road. He said they are asking

for a variance on the landscape buffer, as they understand when they were

initially approved for the site that they had a 15-foot buffer, but since that

time there has been a reduction in the buffer requirements, and allowing for a

10-foot landscape buffer based on some new zonings.



Mr. Cunningham said during the construction, they had a 3? feet offset

during construction, where the back of the curb was intruded within that

15-foot buffer, which was down to 11.5 feet. He said the City inspectors worked

with the contractors and advised them that they could put up some timber ties

over the paving and curb and gutter and they would be in compliance. He said

the reason why they are requesting this, is because the timber ties was a

temporary solution to accommodate the 15-foot buffer.



He said their request was understanding that there was a new 10-foot

buffer that had come into effect, and rather than leaving the timber ties,

which would over a period of time start decaying, they are requesting the

Council?s consideration to allow them to have the 3? foot variance to maintain

a 10-foot landscape buffer.



Mr. Cunningham then responded to several questions of members of the

Council. Councilor Henderson said he would suggest to Mr. Cunningham that he

come up with a detailed plan and outline what he plans on putting out there,

which will stay evergreen all year round and provide a good barrier between you

and the property.



Mr. Cunningham said in talking with the officials when they went through

the process in beginning with this application said their recommendation was to

ask for a variance.



Mayor Pro Tem Rodgers said his understanding of what Mr. Cunningham wants

to do, is that he has already approached on his 15-foot buffer and he wants to

remove that, but he still wants to be able to use that for parking, and only

put vegetation in the remaining 11? feet, to which Mr. Cunningham said that is

correct.



Mayor Pro Tem Rodgers said if the buffer ordinance was 15-feet at that

time, there doesn?t appear to have been any particular need to specify the

15-feet in the ordinance, and asked what was the reason we put the 15-feet in

that ordinance to begin with.



City Manager Cavezza said that was prior to the buffer ordinance and said

this was a condition placed by the Council based on some concerns from the

neighbors.



After some fifteen minutes of discussion, with Mr. Cunningham responding

to further questions of the Mayor and Council and the Council expressing their

views, and City Manager Cavezza also responded to questions of the Council, the

opponents then appeared and expressed their opposition.



OPPONENTS:



Mr. James Gardner, 1176 Tate Drive said the 15-feet buffer was agreed upon

and said the builder had shown some sketches and blueprints for the buffer

zones and what they all would look like, but said they don?t look like that

today. He said he would like for the 15-feet buffer to remain in the ordinance.



Mr. Joel Harvin said once we agree to something, he think it is important

that we set that precedent and stick to the agreement. He said they haven?t

come close to what they originally agreed to. He said as the plan that was

originally presented to them and being negotiated, they were not that opposed

to it, because they preferred Walgreen?s to a gas station. He said they were

under the impression that they would have a thick vegetation buffer.



After the opposition expressed their views, Mayor Peters stated that the

inspectors with the City are monitoring that project and said that any

conditions in the ordinance, they will have to comply with.



After still some fifteen minutes of discussion, with Mr. Cunningham

responding to further questions of the Mayor and Council and the Council

expressing their further views, and City Manager Cavezza also responded to

further questions of the Council, City Attorney Fay then declared this public

hearing held.



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DEVELOPERS-INVESTOR,S INC. REZONING:



Regarding the previous public hearing on property on Ballantyne Road,

Councilor Henderson said in the Traffic Engineer?s report, it stated that South

Stadium Drive was currently being used as an access to Moon Road and indicated

that by approving this rezoning we would destroy a design concept that is only

ten years. He said it provides an access road on South Stadium , which gives

the people leaving Kinnett Stadium access to Moon Road without clogging up J.

R. Allen Parkway and maybe extend it on down to Cooper Creek Road, which is

already a difficult road. He then asked if there was an alternative plan in

place that would address those issues?



City Manager Cavezza said it was pointed out to him that we will not have

access to Moon Road in this particular area. He said the ordinance is okay the

way it is, and it doesn?t affect any conditions.



Councilor Henderson said the way he read the staff report, it said

originally South Stadium Drive was designed to have access, but maybe not on

this project. City Manager Cavezza said he will follow-up with Councilor

Henderson to make certain that we provide a satisfactory answer to his question.



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An Ordinance - Rezoning approximately 0.32 acres of property located at

33002 Victory Drive from a C-3 District to a C-1 District. (66-D-01-Mickle)



Mr. Charles Mickle, 1131 Lee Road, Phenix CIty, AL. appeared and said that

he can?t get a license of any kind for this building. He said he has tried to

comply with the licensing division, just to get the doors open until he could

get this issue worked out. He said no one has guidelines that they are willing

to show, and said he has asked questions that no one seems to be able to

answer. He said the same materials that he was carrying in the store is

virtually sold all over Columbus.



Mayor Peters said all we are dealing with here is the rezoning of the

location, but said Mr. Mickle wants to open an adult bookstore at this location

and said they are recommending denial because of the location. He said it is

not rezoned properly for an adult bookstore for that location. He said Mr.

Mickle has said it is not enough C-1 property in Columbus in order to even

locate some place.



Mr. Mickle said they have already rezoned property outside the C-1 zone

and said if you do it for one, you will have to do it for everyone.



Mayor Pro Tem Rodgers said there was one piece of property that was

rezoned C-1 outside of the Central business district, but said due to the

future plans to move the railroad that there was a likelihood that the

particular area that was rezoned, which is contiguous to the C-1 zone would

take on a different flavor and be more industrial, than commercial, which it is

now.



Councilor Woodson said she would like to hear from Director of Finance Kay

Love, because Mr. Mickle has requested a license before and we have gone out

and inspected the property and there were some requests for you to do some

things, and then called on Director of Finance Kay Love to elaborate.



Director of Finance Kay Love said Mr. Mickle has applied for various

licenses and the last one was for an arcade or video games. She said they have

been on at least three site visits to the establishment and there are still

items in the establishments that remain in the previous business that are adult

oriented.



She said based on the way that the business looks to be setup, and

inventory, it precludes them from issuing a license as it is currently run.

Mayor Peters then asked Mr. Mickle what he wants to do with that site, to which

Mr. Mickle said he would like to open his business, as an adult-book store, but

apparently that doesn?t apply. He said he would still like to open a business

with games in it. He said the booths that Ms. Love referred to were setup to

show how he can convert those to arcade style games. He said there would be no

adult materials inside this building. He said he had just one set up when they

came out and inspected the store.



Ms. Love said there were 16 -20 booths and one had been setup with the

game boy type game that was in the booth. She said whether they are going to be

is one thing, but said they can?t issue a license on what is going to be, but

said they issue a license based on what it is at the time of issuance.

Councilor Woodson said if Mr. Mickle is going to have a retail store or a video

games, there should be no reason for them to have the sign that no one under

the age of 18 is allowed.



OPPONENTS:



Mr. Owen Ditchfield, 1801 Dee Avenue appeared and expressed his and the

South Columbus Concerned Citizens? opposition to this proposed rezoning. He

said for several years now, the South Columbus Concerned Citizens have been

trying to improve the quality of life for South Columbus. He said one of those

ways that they have been trying to improve, is removing some of the businesses

that give a degrading appearance to their neighborhood. He said they

appreciate the support that the Council has given them, by adopting the various

ordinances, such as the one we are talking about tonight. He said they

certainly don?t need any additional adult entertainment establishments.



City Attorney Fay then asked if there were any further comments, but there

were none. He then declared this public hearing held.

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CITY ATTORNEY?S AGENDA CONTINUED:



THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND THEIR CAPTIONS READ BY

CITY ATTORNEY FAY AND THEN ADOPTED BY THE COUNCIL UPON THE ADOPTION OF A SINGLE

MOTION MADE BY MAYOR PRO TEM RODGERS AND SECONDED BY COUNCILOR POYDASHEFF,

WHICH CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCILPRESENT FOR THIS

MEETING:



A Resolution (40-02) - Requesting that the local delegation to the Georgia

General Assembly oppose any proposed legislation which would waive by statue

county governmental immunity with respect to motor vehicle accidents.



Councilor Poydasheff pointed out that there was a citizen who wanted to be

heard on this matter. He then asked that he be heard.



Mr. Bruce Medley, 1529 Millington Road said on May 2, 2001, a city-owned

vehicle, dump truck ran a red traffic signal and broadside his vehicle and

demolished the vehicle and demolished him. He said since that time he has

undergone major surgery, minor surgery and have another major surgery to

undergo yet. He said his question is why does the City Council oppose the

waiver of immunity with respect to automobile accidents.



Mayor Peters said it is a difficult question and said that State law

allows all cities and counties to be immune from liabilities for actions of

other individuals, because it is all based on historical data. He said that

would mean citizens suing themselves, because they are suing the same people

who pay the bills for the public. He said when someone was hurt in the past,

normally we defend the lawsuit when City employees are involved. He said if it

is a judgment against the employee, in the past many times they have paid those

judgments.



He said Mr. Medley has been trying to settle this claim through his

attorney, and said there has been no lawsuit filed, but said the issue of

immunity has been raised in that lawsuit.



Discussions begin to lean toward the claim of Mr. Medley, with City

Manager Cavezza advising that we should not be discussing this matter, because

we are working on this matter. Mr. Medley said he is not asking the City to

negotiate any figures right now, but all he is just asking you to do, is to do

what?s fair.



Mayor Peters and City Attorney Fay responded to further questions of Mr.

Medley as it relates to the legislation that is currently pending before the

General Assembly, as it relates to the City?s self insurance. City Manager

Cavezza also responded to questions and concerns of Mr. Medley.



After more than twenty minutes of discussion on this subject, with several

members of the Council expressing their views and concerns to Mr. Medley, and

Mr. Medley continuing to speak on the City being self-insured, Councilor

Poydasheff said we have a case in litigation and there are lawyers involved,

and he is fearful that if we continue to discuss the case, we may be doing

something that may even prejudice the case, and said he would prefer that we

not discuss this type of situation.



Councilor Woodson pointed out to Mr. Medley that the City of Columbus

doesn?t have the final say on this bill, but that is left up to the State

Legislators.



Mayor Peters said it is his understanding that there is one bill that is

pending, and if that bill passes, one option would be to waive immunity, and

leave the discretion to the Council, the option of getting an insurance policy

up to the amount, $500,000 or you could have your self-insurance accounts still

set-up. He said one issue was waiving it and the other was how much and the

third, how do you cover that liability, do you have an insurance policy or do

you want to remain self-insured. City Attorney Fay said there are various

scenarios that are pending.



After more than thirty minutes of discussion, the question was then called

on Mayor Pro Tem Rodgers? motion to adopt the two resolutions, which carried

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



A Resolution (41-02) - Expressing support for proposed legislation would

implement a grant program under the Georgia Department of Human Resources to

assist communities in acquisition and distribution of automated external

defibrillators.



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AUTOMATED EXTERNAL DEFIBRILLATORS:



Councilor McDaniel said there was an excellent article in the newspaper

this morning about these automated external defibrillators and said he would

encourage everyone to read it if they haven?t done so. He said they are talking

about making them available for home use for a reduced price.

He said it is amazing that people don?t understand what cardiac arrest is, and

said the only thing that would bring an individual back is electric shock and

said these defibrillators are the only things that would do it.

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NOTE: Councilor Turner Pugh left at this point in the proceedings, the time

being 6:55 p.m.

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CITY ATTORNEY?S AGENDA CONTINUED:





THE FOLLOWING TWO ORDINANCES WERE SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND INTRODUCED ON FIRST

READING:





An Ordinance - Regulating vehicular traffic in Columbus, Georgia by

enacting a two (2) hour parking time limit along the south curb of Tenth Street

beginning at the east curb of First Avenue and running east along the south

curb of Tenth Street to the west curb of Second Avenue; authorizing the

installation of official traffic signs indicating said parking restrictions;

and repealing any conflicting ordinances.



An Ordinance - Providing for the payment by Public service telephone

company of an occupational license tax in the amount of three percent (3%) of

recurring local service revenues, less uncollectibles, received by such company

from subscribers located within the City of Columbus, Georgia.



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LIGHTS ON VEHICLES:



Councilor Woodson said she received two complaints in reference to

vehicles having lights on them. She said a citizen called her regarding her son

being given a ticket for having a light on the front of his gear shift, which

the office gave him a ticket for having improper lights. She said she guess the

fluorescent lights is the style that they are using in their cars now and said

a gentleman had it on the bottom of his car, and said he also got a ticket. She

said she has a copy of the State Statute, which is Code Section 40-8-90, and

then asked that City Attorney Fay to do some research on the State Law and

determine whether or not there is an ordinance on the books and let?s discuss

it, to see whether or not it is correct and if it needs to be modified as this

law was established in 1960.



City Attorney Fay said if it is a State Statue this Council can?t change

it, but said he would be glad to do some research on it.



Mayor Peters said that Code Section really deals with only law enforcement

officers can have the flashing blue lights, and said it is a felony to possess

it. He said he don?t really believe that has anything to do with the lights

under the cars.



Councilor Woodson said it is becoming a problem, because this is the style

and we are going to start running into them and so we need to go ahead and do

some research on it.

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PUBLIC AGENDA:



MR. KENNETH BARFIELD & MR. LARRY GARRETT, RE: DRUG PROBLEMS IN THE CITY:







Mr. Kenneth Barfield & Mr. Larry Garrett, who requested to be listed on

tonight?s public agenda, cancelled their scheduled appearance before the

Council.

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CITY MANAGER?S AGENDA:



THE FOLLOWING FIVE 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 POYDASHEFF,

WHICH CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT AT THE TIME,

WITH COUNCILOR TURNER PUGH HAVING ALREADY LEFT THE

MEETING:





A Resolution (42-02) - Authorizing the City Manager to execute an

intergovernmental contract with the Muscogee County School District for the

joint use of the Midland School Football Field.



A Resolution (43-02) - Authorizing the execution of a quitclaim deed to

Murray Ventures, Inc., for an unused (750 square feet +/-) alley located along

the rear property of 5125 14th Avenue and 5126 13th Avenue.



A Resolution (44-02) - Authorizing the acceptance of a deed to Leaf Brook

Court, Leaf Brook Drive and Grandtree Way, located in Section One, Grandtree

Subdivision.



A Resolution (45-02) - Authorizing the acceptance of a deed to Arrow Point

Lane, Flintlock Drive, Crossbow Drive and the 1.0 detention basin, located in

Section Eight, Eagle Pointe Subdivision, on behalf of Columbus, Georgia.



A Resolution (46-02) - Authorizing the acceptance of a deed to Kingsberry

Street and Rinehart Drive, located in Section One, Moonlake Subdivision, on

behalf of Columbus, Georgia.



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THE FOLLOWING SIX PURCHASING RESOLUTIONS, WITH DETAILED

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

SUBMITTED AND EXPLAINED BY CITY MANAGER CAVEZZA AND ADOPTED BY THE COUNCIL UPON

THE ADOPTION OF A SINGLE MOTION MADE BY MAYOR PRO TEM RODGERS AND SECONDED BY

COUNCILOR POYDASHEFF, WHICH CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF

COUNCIL PRESENT AT THE TIME, WITH COUNCILOR TURNER PUGH HAVING ALREADY LEFT THE

MEETING:







A Resolution (47-02) - Authorizing the purchase of industrial work

uniforms from All American Uniforms, for the estimated annual contract value of

$56,554.64.



A Resolution (48-02) - Authorizing the purchase of a hydraulic excavator

from Stith Equipment, in the amount of $239,762.00.



A Resolution (49-02) - Authorizing the purchase of a 60-foot aerial tower

with Cab and Chassis from MTI Insulated Products, Inc., in the amount of

$87,923.00.



A Resolution (50-02) - Authorizing the purchase of firefighting boots from

NAFECO, for the estimated annual contract value amount of $14,760.00.



A Resolution (51-02) - Authorizing the purchase of six (6) commercial

cutaway vans from Bill Heard Chevrolet, in the amount of $149,250.00.



A Resolution (52-02) - Approving a contract with Jim Anthony

Enterprises to provide video recording and broadcast services for the

estimated contract value of $25,000.00.



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THE FOLLOWING RESOLUTION WAS ALSO SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND ADOPTED BY THE COUNCIL AFTER CITY MANAGER CAVEZZA RESPONDED TO

SEVERAL QUESTIONS OF COUNCILOR

MCDANIEL:





A Resolution (53-02) - Approving a contract with McCoy Environmental

Technicians, Inc., to provide environmental consulting services for the

demolition at the Columbus Square Mall property.



Councilor McDaniel asked, why do we need a consultant on this demolition,

as he feels that the contractor is doing the asbestos survey and tearing it

down. He said that is a lot of money for this service.



City Manager Cavezza said as we get into the law, we are finding more and

more problems, not significant problems, but there is a lot more asbestos in

there, as well as other things and we have to locate it. He said we went out

for bids on this, and this was the best bid that we received.



Mayor Peters asked if it was for asbestos, but City Manager Cavezza said

it is for anything that they might find.



After some ten minutes of discussion on this matter, Councilor McDaniel

then made a motion that the resolution be denied. (This motion dies for the

lack of a second)



Mayor Pro Tem Rodgers then made a motion to approve the resolution.

Seconded by Councilor Woodson and carried by a vote of eight to one, with

Councilor McDaniel voting no. All other eight members of the Council present

voting yes, with Councilor Turner Pugh having already left the meeting.



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EXECUTIVE SESSION:



City Manager Cavezza said he would like to request a brief executive

session after the adjournment of tonight?s Council meeting. He said he has one

personnel issue that he would like to discuss with the Council.



PUBLIC HEARING:



City Manager Cavezza said he would like to remind the Council that there

would be a meeting on Thursday, February 7, 2002, at 6:00 p.m., to talk about

the Tree Ordinance.



***

*** ***



ONE COLUMBUS SUMMITT:



City Manager Cavezza also reminded the Mayor and Council on Friday &

Saturday, February 15 - 16, of the One Columbus Summit that will be held at the

Trade Center. ---------------------------------------------------***

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

CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR AND

COUNCIL:



(1) Biographical Sketch of Mr. Timothy Johnson, Councilor Allen?s

Nominee for the vacant position on the Community

Development

Advisory Council.



***

*** ***



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CLERK OF COUNCIL

WASHINGTON AND ADOPTED BY THE

COUNCIL:



A Resolution (54-02) - Excusing Councilor Richard Smith from the

January 29, 2002 Council Meeting. Councilor Henderson moved its adoption.

Seconded by Mayor Pro Tem Rodgers and carried unanimously by those nine members

of Council present at the time, with Councilor Turner Pugh having already left

the meeting.



***

*** ***



MEDICAL CENTER HOSPITAL AUTHORITY:



Letter from Mr. George W. Jeter, Chairman of the Board of Trustees for the

Medical Center Hospital Authority, advising that Mr. George McCluskey and Ms.

Carole Rutland have been reappointed to serve another five-year term on the

Medical Center Hospital Authority. Councilor Henderson made a motion that Mr.

McCluskey and Ms. Rutland be confirmed for another term of office.



Seconded by Mayor Pro Tem Rodgers and carried unanimously by those nine members

of Council present at the time, with Councilor Turner Pugh having already left

the meeting.



***

*** ***





MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE

COUNCIL:



Airport Commission, December 20, 2001.

Board of Tax Assessors, Number 2.

C.I.R.C.L.E., January 8, 2002.

Council Briefing, November 20, 2001.

Elections & Registration, November 1, 2001.

Emergency Management Advisory Board, January 17, 2002.

Family & Children Services, January 23, 2002.

Golf Course Authority, November 27, 2001.

Historic & Architectural Review Board, December 10, 2001.

Housing Authority, December 19, 2001.

Water Commissioners, Board of, November 12, 2001.



Councilor Poydasheff then made a motion that these minutes be received.

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

Council present at the time, with Councilor Turner Pugh having already left the

meeting.



***

*** ***



BOARD APPOINTMENTS:



BUILDING CONTRACTORS EXAMINING BOARD:



Clerk of Council Washington again advised that the term of office of Mr.

Sam Hartin on the Building Contractors Examining Board expired on December 31,

2001 and that he cannot succeed himself. She then asked if there were any

nominations, but there were none.



***

*** ***



CIVIC CENTER ADVISORY BOARD:



Clerk of Council Washington asked if there were any nominees from

Councilor Woodson or Mayor Pro Tem Rodgers, for their respective Council

Districts.



Councilor Suber asked if the other members of the Civic Center Advisory

Board have been notified of their appointment, to which Clerk of Council

Washington pointed out they have not. She said we were waiting until the new

Civic Center Director had been named, as well as a complete board was named.



Councilor Suber said he feels that we need to go ahead and notify those

individuals of their appointment. Clerk of Council Washington said she will go

ahead and send those letters out to those individuals.



Councilor Woodson said she has someone in mind, but he is serving on

another board, and said she will have to get with the Clerk to determine if the

gentleman is eligible to serve.



*** *** ***



COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



Clerk of Council Washington pointed out that Councilor Allen is nominating

Mr. Timothy Johnson to succeed Mr. Spencer Garrard as Council District Six?s

representative on the Community Development Advisory Council. Councilor

Poydasheff moved Mr. Johnson be confirmed. Seconded by Councilor Suber and

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

Councilor Turner Pugh having already left the meeting. Councilor Woodson said

she is still working on someone for Council District Seven, to succeed Rev.

Joseph Roberson.



*** *** ***



EMERGENCY MANAGEMENT ADVISORY BOARD:



Clerk of Council Washington pointed out the term of office of Mr. James

Thorsen and Mr. Mark Adams on the Emergency Management Advisory Board expired

on December 31, 2001 and they cannot succeed themselves. She then asked if

there were any nominations, but there were none.



*** *** ***



LAND BANK AUTHORITY:



Clerk of Council Washington pointed out that Ms. Patricia Hedges is no

longer a resident of Muscogee County and then pointed out that the Council must

name a replacement for her seat. There were no nominations made.



*** *** ***



RECREATION ADVISORY BOARD:



Clerk of Council Washington pointed out that the School Board is

nominating Mr. Eddie Obleton for another term of office as the School Board?s

representative on the City?s Recreation Advisory Board. Councilor Poydasheff

moved Mr. Obleton be confirmed for another term of office. Seconded by

Councilor Suber and carried unanimously by those nine members of Council

present at the time, with Councilor Turner Pugh having already left the

meeting.



*** *** ***



BOARD OF TREE EXPERTS:



Clerk of Council Washington once again pointed out the term of office of

Mr. Donald Campbell on the Board of Tree Experts expired on December 31, 2001

and that he is not eligible to succeed himself. There were no nominations.



*** *** ***



Mayor Peters said he would like to thank Mr. Doug Graham for trying to get

the information out to the public, as it relates to issues of the Consolidated

Government. He said the first Tuesday of each month is a night Council meeting,

and said they set aside one to two hours on the radio for a member of the

Council or the Mayor to come every month and discuss these issues. He said they

had a good discussion this morning, and he would like to thank Mr. Graham and

Mr. McClure for providing that forum.



*** *** ***

RECORDER?S COURT:



Councilor Allen said there was a letter that was distributed around the

Council table where Mr. Mark Shelnutt has resigned as the Recorder?s Court Pro

Tem Judge and said he has received a letter from an individual and said he

would like to place his name in nomination. He said if any other Council member

has a nomination that would certainly be welcomed and said he thought it would

be good to go ahead and place someone names in nomination, and then nominated

Mr. James Messner. He said Judge Followill also wrote a letter of

recommendation on his behalf.



*** *** ***



Mayor Peters then asked if there was anyone who wanted to be heard prior

to the Council adjourning its regular session to go into an executive session.



Mr. Joseph Blair then appeared and expressed his comments as it relates to

some comments made earlier by Mayor Peters as it relates to the public?s

perception, as to what the Mayor and Council does. He said this is the first

night he has attended a Council meeting. He said every once in a while he

writes a letter to the editor of the Ledger. He said he is one who responds to

newspaper, radio, and television reporting, but has never seen the Council

broadcast on local television.



Mr. Blair said he would like to offer or suggest that all members of the

Council to send him an e-mail message, if they think they have a case to make

that is not made in the media. He said he doesn?t hesitate to write and speak

up.



Mayor Peters said often time people will hear us talk publicly about an

issue and they think we are going to act on that. He said we have to think out

loud, because we are a government, and we have to do everything in the open. He

said a lot of times people take it and run with it, but often times it is just

open discussion.



*** *** ***



EXECUTIVE SESSION:



Regarding an earlier request of City Manager Cavezza to go into an

executive session to discuss a personnel issue, Councilor Poydasheff then made

a motion to allow the Council to go into an executive session. Seconded by

Councilor Henderson and carried unanimously by those nine members of Council

present at the time, with Councilor Turner Pugh having already left the

meeting.



*** *** ***



At 7:22 P.M., the Council adjourned its regular session to allow the

Council to go into an executive session to discuss a personnel issue,

litigation, and economic development. Mayor Peters confirmed the reasons for

going into executive session, which includes land acquisition, personnel

matter, litigation, and said the economic development would include land

acquisition, because you can?t say economic development; however, it is land

acquisition.



At 7:50 P.M., the Council reconvened its regular session.





City Manager Cavezza said as was discussed in executive session, the

current Parks & Recreation Director Brad Chambers has announced that he is

resigning, which will be effective March 15, 2002. He said he would like to

appoint Tony Adams as the new Director of Parks and Recreation to replace Mr.

Chambers. Councilor McDaniel so moved. Seconded by Councilor Henderson and

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

Councilor Turner Pugh having already left the meeting.



The above action actually adopted the following resolution.



A Resolution (55-02) ? Authorizing the appointment of Mr. Darrell Anthony

Adams, as Director of Parks and Recreation.





City Attorney Fay said for the record, he would like to announce that the

items that were actually discussed during executive session were litigation and

personnel. He said there was no discussion about real estate acquisition.



*** ***

***



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

Poydasheff then made a motion for adjournment. Seconded by Councilor Henderson

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

with Councilor Turner Pugh having already left the meeting, with the time being

7:52 P.M.



*** ***

***









Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia