Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR MEETING

DECEMBER 9, 2003





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

order at 9:00 A.M., Tuesday, December 9, 2003, on the Plaza Level of the

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

presiding.



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

Councilors Wayne S. Anthony, Glenn Davis, Berry H. Henderson, Charles E.

McDaniel, Jr., 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. Councilor Nathan Suber took his seat at the

Council table at 9:05 a.m.



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ABSENT: Councilors R. Gary Allen, Julius H. Hunter, Jr., and Evelyn Turner Pugh

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

562-03, 563-03 & 564-03 respectively.



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INVOCATION: Offered by Pastor Albert McCorvey, New Providence Baptist Church.

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PLEDGE OF ALLEGIANCE: Led by students from the Parks & Recreation After School

Program at Georgetown Elementary.

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COMPREHENSIVE HIGH SCHOOL JUNIOR ROTC PROGRAM:



Sergeant First Class Gerald Hinton appeared and said they are here in

support of one of their class lessons on Citizenship. He then introduced the

Battalion Commander Cadet Lt. Colonel Chris Webb, Major Thaddeus Robinson and

Command Sergeant Major Derek Pitts to make some brief comments.



Mr. Pitts said they are here today to observe a Council Meeting in action

for their Citizenship Class. He said they appreciate the Council allowing them

to be here this morning and said this will be an experience they will always

remember. He thanked the Mayor and Council for the job that they do and deeply

appreciate them.



Mayor Poydasheff thanked the young men for participating in the ROTC

Program and said it is a great program and said many of the graduates have gone

on to great success and have entered into the Military Academy, the Citadel,

VMI and served their country. He said this program is very important for

building character, decency and honor.

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PROCLAMATIONS:



?MOLLIE HARRIS DAY?:



With Miss Mollie Harris, along with her parents and grandmother standing

at the Council table, Councilor Davis read the proclamation of Mayor Poydasheff

proclaiming high honor and recognition to Mollie Harris on her winning the

grand prize of a Mix it with Milk & Jell-O Contest and Competition for her

recipe for ?My Milk Taste Like Cool Key Lime Pie?.



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ZONING PUBLIC HEARING:



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

ATTORNEY FAY AND A PUBLIC HEARING WAS HELD AS

ADVERTISED:



An Ordinance - Rezoning property located at 3857 St. Mary's Road from an

R-1A District to a C-3 District. (43-CA-03-Johnson)



PROPONENTS & OPPONENTS:



Mr. Alan Kamensky, Attorney representing the petitioner was present, but he

did not make a presentation, as there was no one present to oppose this

proposed rezoning ordinance.

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CITY ATTORNEY?S AGENDA:



THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND AFTER SOME EXPLANATION OF THE CHANGES BY CITY MANAGER CAVEZZA,

THE ORDINANCE WAS THEN INTRODUCED ON FIRST READING:



An Ordinance - Amending Chapter 3 of the Columbus Code by adding new

definitions and requirements for issuance of alcoholic beverages licenses; to

provide a more effective process for alcoholic beverage licensure; and for

other purposes.



City Attorney Fay pointed out that this ordinance was discussed earlier

this morning during a Council briefing and said it is on first reading this

morning and then asked, if there were any additional discussions or further

questions on this ordinance.



Mayor Poydasheff said he would ask City Manager Cavezza to explain this

ordinance to the viewing public and what those changes are.



City Manager Cavezza said basically what we are doing is cleaning up a

section of the alcohol ordinance and including some definitions that were

previously missing. He said the current ordinance doesn?t have a provision for

an importer or broker?s license; so, therefore, we have added that with the

appropriate fees for those licenses, which are established by the State. He

said in addition to that there are some administrative changes; i.e., where we

had been using gallons in the past, we have now changed that to liters. He said

they have also changed the date for reporting payments from the 15th of the

month to the 10th of the month, to make it consistent with all sections.



He said there have been some changes as to who can hold an alcohol

license, as in the past we have allowed entities rather than individuals to

hold these licenses; however, we have now changed that and added three

additional groups who cannot hold a license, which includes a corporation, a

limited liability partnership and a limited liability corporation. He said if

someone applies for a license, it must be in the name of an individual. He said

the individual can be the manager, owner, but it can?t be in the name of a

corporation or a franchise.



City Manager Cavezza said they are also proposing to change the time of

period that must lapse between a felon offense and the issuance of a license

from five to ten years, as well as changing the time that must lapse on a

misdemeanor from three to five years. He said in addition to that, they have

also added another category for a habitual violator, by using the ten-year

criteria to determine whether or not an individual is a habitual violator

before we issue a license.



He said there are also changes being made, as to who a license can be

issued to during revocations and transfers. He said in the past, they have

witnessed paper changes of licenses going from one spouse to another and other

members of the family, which has been a fa?ade and nothing having really

changed, but the name on the paper. He said they have tightened that area up

and it is now very specific.



City Manager Cavezza said in the past, every time there was a transfer of

a license, there was a $500.00 license fee and said some of these organizations

transferred 2- 3 times a year or more if they have gotten a new manager and

said it would be even worse now with the elimination of a corporation or an

entity holding the license; therefore, we are recommending that the license

will go from $500 to $50.00.



He said they are adding that if a license has been revoked or non-renewed,

they would not be able to transfer a license. He said in dealing with renewals

and revocations, in the past there were ways that people could transfer the

licenses around with family members; and we have precluded that.



City Manager Cavezza said in the public right-of-way, right now, if a bar

or restaurant wants to sell alcohol or have an activity in front of their store

on their property, they can do that; however, they would still have to get

permission from the City?s Manager?s Office; because of the implications of

noise and security, etc. He said the ordinance says they pay 10% on their

sales; however, that would apply only if it is on public rights-of-way. He said

if it is on their private property, then it would not apply.



He said this amendment would also stop the brown bagging; however, those

who currently have a brown bagging license are grandfathered in and will not be

affected in any way, but it stops the transfer of brown bagging license and

there would be no renewal of a brown bagging license if the ordinance does

pass.



City Attorney Fay said this ordinance would be voted on at next week?s

Council meeting.

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PUBLIC AGENDA:



NO ONE REQUESTED TO BE LISTED ON TODAY?S PUBLIC AGENDA.



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CITY MANAGER?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND AFTER SOME DISCUSSION WAS THEN ADOPTED BY THE COUNCIL:



A Resolution(556-03) - Authorizing the execution of a three year extension

of the

Contract between the City of Columbus and the Professional Football Club,

L.L.C.

(Columbus Wardogs)



City Manager Cavezza said the Columbus Wardogs? three-year contract is

about to come to an end and said we want to enter into a new contract with

them.

He said they came to us and asked for some assistance commensurate with what we

have

done with other franchises in order to help them deal with some of their costs

that they are having, as they are losing money.



He said last year, their average attendance was 2,370 people and what he

is

proposing to do, is that we go ahead and give them 50% of our portion of the

concessions, which we have done for other franchises and waive the turn-style

rebate,

which is $1.00 per person. He said this should net them about $2,500 per game

based

on last year?s attendance.



He said we do want them to be successful and this still would allow us to

make

some revenue and cover all of our costs. He said there has been a lot of

discussion on

this particular franchise, that being, the intent to sell and what their

intentions were.



City Manager Cavezza said he talked with Mr. Randall and said he has been

trying

to sell the franchise; however, he hasn?t been able to sell it. He said he told

him that he

really wants to stay here in Columbus, and now that the City has stepped

forward to

work with them, they are more enthusiastic now than ever, to make it a go.





Mayor Poydasheff said he thinks the approach that we are taking is the

right

approach, which is the common sense approach. He then asked if there were any

questions of the Council, but there were none.



Mayor Pro Tem Rodgers then moved the adoption of the resolution. Seconded

by

Councilor Suber and carried unanimously by those seven members of Council

present

for this meeting.



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THE FOLLOWING RESOLUTION WAS ALSO SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND ADOPTED BY THE

COUNCIL:



A Resolution(557-03) - Authorizing a variance to the City Code Section

22-32 (A)(6)(a) to allow seven foot flares using a DOT Standard 6050 driveway

in lieu of 15 foot radii and allow the minimum distance between the driveway

radius and adjacent intersection radius to be ten feet in lieu of the required

twenty feet; and authorizing the Traffic Engineer to issue a commercial permit

to 1951 8th Avenue with said variances. Councilor Suber moved the adoption of

the resolution. Seconded by Mayor Pro Tem Rodgers and carried unanimously by

those seven members of Council present for this meeting.



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THE FOLLOWING THREE PURCHASING RESOLUTIONS HAVING BEING INCLUDED WITH THE

CITY MANAGER?S AGENDA WERE ALSO SUBMITTED AND EXPLAINED BY CITY MANAGER CAVEZZA

AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE MOTION MADE BY

MAYOR PRO TEM RODGERS AND SECONDED BY COUNCILOR MCDANIEL, WHICH CARRIED

UNANIMOUSLY BY THOSE SEVEN MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:





A Resolution (558-03) - Authorizing payment in the amount of $10,592.64 to

Primedia Workplace Learning (Chicago, IL) for renewal of the Annual Satellite

Services for Fire & Emergency Medical Services Training.



A Resolution (559-03) - Authorizing the procurement of pressure washing

services for the Columbus Civic Center from Nationwide Improvement Services,

Inc., for the estimated annual contract value of $8,910.00.



A Resolution (560-03) - Authorizing the execution of a contract with

Jordan, Jones & Goulding (Columbus, GA) for Engineering Services for Veterans

Parkway Widening Project for the estimated contract value of $400,000.



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ENGINEERING SERVICES:



Regarding the above resolution that was delayed on last week, City Manager

Cavezza said it is a rare event when we go sole source on a vendor; however,

the purpose of going sole source was to hopefully save 3-4 months in an area

that is problematic right now, and will get worst as school construction

continues. He said we have gone back to the contractor and asked them to go

back to their sub-contractors to negotiate and we are going to work with them

to try to bring those prices down as low as possible. He said they are

optimistic they will make some progress in that area, and hopefully, it will

come out where we will get a better price as well as have better timing on

completing this project.

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PURCHASES:



Councilor Woodson said there were two questions that had been brought to

her attention as it relates to the purchase of vehicles and weapons. She said

on the bid that is coming up there are two mid size support utility vehicles,

which is Item Number 2 under the bids. She said she was told that these

vehicles are to transport criminal items and then asked, why do we need these

vehicles to do that?



City Manager Cavezza said any vehicles that we purchase are replacement

vehicles, because we are not buying any new vehicles. He said the vehicles are

used by the identification technicians of the Police Department to go out and

investigate crime scenes and they carry a lot of equipment with them. He said

the concern is basically a space problem. He said we are not purchasing the

real elaborate SUVs, but are purchasing the less costly ones based on the bid

process that have more room than the sedans.



Councilor Woodson said there was another bid for the Fire/EMS Department

to purchase 45 semi-automatic pistols; however, she has received a response

back on that one. She said she was told that they have investigators that are

sworn officers.



City Manager Cavezza said the individuals that have the weapons are those

that investigate causes of fires, bombings and etc. He said they are sworn

officers and they currently have weapons now and these are replacement weapons.



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PEACHTREE MALL:



Councilor Woodson said she would like for City Manager Cavezza to find out

why Peachtree Mall is no longer allowing the Girl Scouts to sell their cookies

at the mall, as well as let the Crime Stoppers Jail & Bail Funding Raising

Program continue.



City Manager Cavezza said they would contact Peachtree Mall and find out

what their policy is.



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SOUTH COLUMBUS TASK FORCE:



City Manager Cavezza reminded the Mayor & Council of the South Columbus

Task Force Revitalization meeting tonight at 6:00 p.m. He said this is their

fourth meeting and they are moving along quite well.

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MINUTES: Minutes of the November 25, 2003 meeting of the Council of the

Consolidated Government of Columbus, Georgia were submitted and approved upon

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

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

present for this meeting.

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CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR &

COUMCIL:





(1) ACCG?s The County Line Newsletter, Volume 16, Number 7.



(2) Notice from ACCG, Re: The 2004 Legislative Conference, February 2 and

3, 2004, in Atlanta, Georgia.



(3) Notice of the next meeting of the West Central Georgia Regional Board

for MH/DD/AD to be held at 3000 Schatulga Road, in the West Central Georgia

Regional Hospital?s Chapel, at 2:00 p.m. on Tuesday, December 16, 2003.



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THE FOLLOWING FOUR RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CLERK OF

COUNCIL WASHINGTON AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A

SINGLE MOTION MADE BY MAYOR PRO TEM RODGERS AND SECONDED BY COUNCILOR SUBER,

WHICH CARRIED UNANIIMOUSLY BY THOSE SEVEN MEMBERS OF COUNCIL

PRESENT:





A Resolution (561-03) - Canceling the December 30, 2003 Council Meeting.



A Resolution(562-03) - Excusing Councilor R. Gary Allen from the December

9, 2003 Council Meeting.



A Resolution(563-03) - Excusing Councilor Julius Hunter, Jr. from the

December 9, 2003 Council Meeting.



A Resolution(564-03) - Excusing Councilor Evelyn Turner Pugh from the

December 9, 2003 Council Meeting.



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ZONING PUBLIC HEARING:



Clerk of Council Washington submitted a letter from Mr. William F. Dykes,

representing Legacy Real Estate Advisors, L.L.C., requesting that a public

hearing be called on his rezoning petition. (44-D-03-Legacy Real Estate

Advisors, L.L.C.)



Mayor Pro Tem Rodgers called for the ordinance and public hearing on this

petition.



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MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF

COUNCIL WASHINGTON AND OFFICIALLY RECEIVED BY THE

COUNCIL:



Airport Commission, October 22, 2003.

Tax Assessors, Number 46.

Uptown Fa?ade Board, October 20, 2003.



Councilor Henderson 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.



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THE FOLLOWING NEW ZONING PETITION, RECOMMENDED FOR DENIAL BY THE PLANNING

ADVISORY COMMISSION AND APPROVAL BY THE PLANNING DIVISION WAS SUBMITTED BY

CLERK OF COUNCIL WASHINGTON AND AN ORDINANCE AND PUBLIC HEARING WAS CALLED FOR

BY COUNCIL

MCDANIEL:



Petition submitted by Richard Waddell to rezone approximately 34.192 acres

of property located at the east side of Garrett Road, adjacent to the Garrett

Road-Midland Woods Drive intersection from an A-1 District to an A-2 District.

(48-A-03-Waddell)



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BOARD APPOINTMENTS:



COOPERATIVE EXTENSION ADVISORY BOARD:



Clerk of Council Washington pointed out that on last week Mr. Junie

Christian was

nominated to succeed himself for another term of office and that he may now be

confirmed. Mayor Pro Tem Rodgers so moved. Seconded by Councilor Woodson and

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

She also pointed out that we need someone to succeed Ms. Mary Mills, who cannot

succeed herself. There were no nominations.



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DOWNTOWN DEVELOPMENT AUTHORITY:



Clerk of Council Washington pointed out that we still need a nominee for

someone to succeed Ms. Leah Braxton, who has resigned from her position on the

Downtown Development Authority. There were no nominations made.



She also pointed out that Mr. Allen Taber has been nominated to succeed

Mr. James Buntin on this board. Mayor Pro Tem Rodgers moved he be confirmed.

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

Council present for this meting.



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HEALTH, BOARD OF:



Clerk of Council Washington pointed out that Dr. Howard Willis has been

nominated

to succeed himself for another term of office on the Board of Health and that

he may

now be confirmed. Councilor Henderson so moved. Seconded by Mayor Pro Tem

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

this

meeting.



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HOSPITAL AUTHORITY:



Clerk of Council Washington pointed out that the term of office of Ms.

Donzy O?Dell,

Mr. James Webster, Mr. Robert Kelly and Mr. Harvey Phelps on the Hospital

Authority

expired on November 14, 2003. She said Ms. O?Dell and Mr. Webster are not

eligible

to succeed themselves, but Mr. Kelly and Mr. Phelps are and that they have both

been

nominated to succeed themselves; however, we still need two additional nominees

for

those two positions, as well as three nominees for Ms. O?Dell and Mr. Webster?s

seat.



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INDUSTRIAL & PORT DEVELOPMENT COMMISSION:



Clerk of Council Washington said we still need someone for Mr. Wade

Tomlinson?s position on the Industrial & Port Development Commission, who has

resigned due to his appointment to the Housing Authority. There were no

nominations.



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KEEP COLUMBUS BEAUTIFUL COMMISSION:



Clerk of Council Washington pointed out Ms. Marie Lewis was nominated on

last

week to succeed Ms. Sharon Dixon, who has resigned from her seat on the Keep

Columbus Beautiful Commission and that she may now be confirmed. Councilor

Suber

moved she be confirmed. Seconded by Mayor Pro Tem Rodgers and carried

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



She also said the Council needs to nominate someone to succeed Mr.

Joel

Collis, who has also resigned his seat on the board.



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MEDICAL CENTER HOSPITAL AUTHORITY:



Clerk of Council Washington pointed out that the term of office of Dr.

Ashok Kumar

and Mr. George Jeter on the Medical Center Hospital Authority will expire on

December

31, 2003. She further pointed out that Dr. Kumar is eligible to succeed

himself, but

Mr. Jeter is not. Dr. Kumar has been nominated to succeed himself for another

term of

office and Mrs. Carlton Franklin has been nominated to succeed Mr. George

Jeter, but

we still need two additional nominations for these two positions



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RECREATION ADVISORY BOARD:



Clerk of Council Washington pointed out that on last week, Ms. Tiffany

Tootle and

Mrs. Brenda Dozier were both nominated for another term of office to succeed

themselves on the Recreation Advisory Board and that they may now be confirmed.

Councilor Suber so moved. Seconded by Councilor Woodson and carried unanimously

by those seven members of Council present for this meeting.



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

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

they could be heard at this time. There was no one who wanted to address the

Council.



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HUGHSTON SPORTS HOSPITAL:



Councilor Davis said there was an article in the Money Magazine on the

Hughston Sports Hospital about them being number one in hip replacement and

knee replacements. He said the doctors at the hospital are to be commended for

that and making the national scene as being number one in the United States.



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SOCCER TOURNAMENTS:



Councilor Davis said two weeks ago at the Woodruff Farm Soccer Complex,

there was a College Showcase that was held which was a very outstanding and

successful event for our youths. He said there were several teams that came in

from Colorado, Washington, D.C., Tennessee, Mississippi and Kentucky. He said

this was done in conjunction with the Lighting Club out of Atlanta and the

reason they came here was because of our magnificent facility out at the

Woodruff Farm Soccer Complex. He said there were over 40 college coaches and

our hotels and restaurants were well used.



He said this past week, the Red Stars Soccer Organization, which is part

of CYSA had their annual tournament and said it was a great success and they

had approximately 140 teams out there. He said with these two tournaments, the

economic impact to Columbus was well over $2 million.



Councilor Davis said he would like to give a special thanks to the

volunteers from the Sports Council because they make these things happen. He

said he also would like to thank our Parks & Recreation Department, City

Manager Cavezza and the Deputy City Managers for a great job with our sport

events here in the City.



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Mayor Poydasheff said there was some great memoralization on December 7th

at the VFW and there were over 150 motorcyclists that were in town raising

funds for the Toys for Tots Program and he and Colonel, Bob Nett, as well as

the Marshal kicked off that event.



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With members of the Junior ROTC Program still present in the Council

Chambers, at the request of Councilor Anthony, Mayor Poydasheff made some

comments as to the uniqueness of the military/civilian relationship here in

this country, saying as the students are learning what others from around the

world think is unique about American or at least symbolic in terms of this

country, with the military and police force reporting to our civilian elected

leadership.



Mayor Poydasheff said one of the great things is that we are partners with

Fort Benning, Georgia and are probably the only City that has a unique

relationship in America and said he is hopeful that the Base Realignment &

Closure Committee looks at that. He said Fort Benning is not just the home of

the Infantry, but it is the home of International students that come from all

over the world indeed.



He said he and City Manager Cavezza attended a dinner that was sponsored

by Fort Benning in honor of the Chairman of the Joint Chiefs of Staff of

Poland, which is equivalent of our Joint Chiefs of Staff. He said prior to

that, a group of individuals attended the dinner for the Joint Chiefs of Staff

for Macedonia and for the first time in history, the Chief of Staff of the

Russian Army was also here in our area.



Mayor Poydasheff said the relationship that we have is outstanding, but

said the important thing is that this government functions under the rule of

law and under the control of the civilian who heads up our armed forces, which

is the President of the United States, which is found in Article 2 and

delegated on down to the Secretary of Defense and then on down to other

officials. He said you serve a proud organization and a proud country.



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HISPANIC FAIR:



Councilor Woodson thanked Mayor Poydasheff for attending the Second Annual

Festival that Ritmo Latino had for the community. She said this year they had

over 1500- 2000 people that attended this event.



Mayor Poydasheff also thanked Councilor Woodson for what she does to bring

the Hispanic Community in the forefront in Columbus.



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SHAW HIGH RAIDERS:



Councilor Davis said he would like to congratulate the Shaw High School

Raiders and Coach Charles Flowers and his coaching staff for the outstanding

year that they had. He said we are proud of them and their accomplishments this

year. He asked that the City Attorney prepare a resolution for them.



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

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

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

meeting with the time being 9:47 A.M.



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Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia