Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

OCTOBER 19, 2004



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

order at 9:00 A.M., Tuesday, October 19, 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, Glenn Davis, Berry Henderson, Julius H. Hunter,

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

Woodson. City Manager Carmen Cavezza, City Attorney Clifton Fay, Clerk of

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

present.



ABSENT: Councilor Wayne Anthony was absent, but was officially excused upon

the adoption of Resolution Number 445-04.



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

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PLEDGE OF ALLEGIANCE: Led by students from Baker Middle School.

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COLUMBUS FIRE & EMS PERSONNEL:



At the request of Mayor Poydasheff, Fire Chief Roy Waters came forward to

extend his appreciation to several Fire & EMS personnel who assisted in a life

saving measure for a 10-month old baby a week ago. He said the baby is alive

and doing well and, in fact, is having surgery this morning to have tubes put

in his ears. He said his parents wanted to be here today, but unfortunately

were unable to do so; but they have been very appreciative and complimentary of

everything that these firefighters and paramedics did to save their son?s life

on last week.



Lt. Jones then introduced those individuals who assisted in this effort on

last week, which includes Firefighter Robert Herrera, Firefighter Brad Taylor,

Sergeant Bill Smith and Firefighter Justin Allison. He said Firefighter Gary

Metcalf and Firefighter Rodney Boles are not here on this morning.



Lt. Jones then went into further details outlining the events of the

rescue measures and also expressed his appreciation to this group of employees.



Mayor Poydasheff then presented each of these individuals with a

Certificate of Professionalism for their great work and thanked them for the

great job that they do.



Councilor Woodson congratulated Chief Waters and his staff for what they

have done in saving the life of this child. She then asked Chief Waters if the

Fire Department has a Mentoring Program. She said she was with a group of young

ladies this past weekend and we passed by one of the Fire Stations and one of

the young ladies wanted to stop by and go into the station to observe. She said

this young lady wants to be a Firefighter and Paramedic here in Columbus.



Chief Waters said they do have a 2-year Fire Science Program that is

offered at Chattahoochee Valley Community College, which has been in existence

since 1974, as well as have a ride along program. He said all they would have

to do is to contact him and he would be glad to set that up. He said he would

offer the opportunity to meet with them and help them out.



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CHAMBER OF COMMERCE:



Mayor Poydasheff called upon Ms. Stella Shulman to make a presentation to

the Mayor and Council.



Ms. Stella Shulman said she recently served as the volunteer Chairperson

for the 11th Annual Inter-City Leadership Visits that are sponsored by the

Greater Columbus Chamber of Commerce. She said this was the eleventh year that

the Chamber has organized this trip. She said they always choose a City that is

larger than us for the purpose of learning about that City?s best practices

with the idea of returning to Columbus and coming forward to emulating some of

the findings.



She then highlighted some of those examples that have grown from ideas

from some of these trips, which includes the creation of the BOSS Program, the

Valley Partnership, Environmental Court, and now under construction and soon to

be completed our Regional Technology Center, as well as the collaboration to

develop the River Center for the performing arts.



Ms. Shulman said they went to San Antonio, Texas this year and they

concentrated on learning about their involvement with military affairs,

healthcare, workforce and economic development, as well as their Riverwalk.



She then gave a brief report from their trip and pointed out that one of

the main reasons these trips have been so successful in the past and such a

tool in improving the quality of life and impacting our region is the unique

relationship and interaction that we have in Columbus between our Government,

Chamber and business community in making things happen.



Ms. Shulman thanked those who were able to go with them on their visit to

San Antonio, Texas and said they have already received, as did all of the

participants on the trip, a portfolio that she is holding here, but this

morning they would like to present one of these portfolio to those individuals

who were not able to go on the trip with them.



She said she would like to thank all of those who did go on the trip for

their support and for making Columbus a better place for us to live and work.

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PROCLAMATIONS:



?BREAST CANCER AWARENESS DAY?:



With Ms. Betty Bunn, Ms. Alice Gamage, Ms. Carol Hall, Ms. Mary Alice

Stacey, Ms. Lorne Snipes and Ms. Debbie Buckner standing at the Council table,

Councilor Turner Pugh read the proclamation of Mayor Poydasheff, proclaiming

October 20, 2004 as ?Breast Cancer Awareness Day? in Columbus, Georgia.



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?COLUMBUS TIMES NEWSPAPER?:



With Ms. Carol Gerdes standing at the Council table, Councilor Suber read

the proclamation of Mayor Poydasheff, proclaiming October 18, 2004 as ?Columbus

Times Newspaper Day? in Columbus, Georgia.

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Mayor Poydasheff recognized the presence of Mr. Mike Gaymon of the Chamber

of Commerce who was seated in the audience.

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PARKS & RECREATION EMPLOYEES:



Councilor Henderson said we have an opportunity today to recognize some of

our long time employees who have been recognized by their peers; however,

neither one of them is present here today. He said Ms. Betty Winchester and Mr.

Clifford Thomas have both been honored. He said Ms. Cammie Curry, the Assistant

Director of Parks & Recreation is present here this morning and said they are

going to be making a presentation to them in a meeting at a later time, but he

wants to go ahead and read the proclamations as issued by the Mayor.



He then read the proclamation, proclaiming high honor and recognition to

Ms. Betty Winchester and Mr. Clifford Thomas. .

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CITY ATTORNEY?S AGENDA:



WITH MR. CARSON HAND STANDING AT THE COUNCIL TABLE, THE FOLLOWING

RESOLUTION WAS SUBMITTED AND READ IN ITS ENTIRETY BY MAYOR PRO TEM RODGERS AND

ADOPTED BY THE

COUNCIL:





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

Grace Nagel of Columbus High School and Carson Hand of Northside High School

upon their selection for the State Superintendent of Schools 2004 Student

Advisory Council. Mayor Pro Tem Rodgers moved the adoption of the resolution.

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

Council present for this meeting standing to cast their affirmative vote.



Councilor Davis said that we have some great young scholars in our City

and he wants to point out that a lot of our schools have done well recently;

which would attest to the scores. He said if you have followed them, you know

they have done well not only on a State level, but a National level as well.

He said Columbus High and Hardaway High Schools have achieved some outstanding

scores in academic success and accomplishments; and said we are very proud of

these young people who are our future leaders.

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MINUTES: Minutes of the October 5 & 12, 2004 meetings of the Council of the

Consolidated Government of Columbus, Georgia were submitted and approved

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

seconded by Councilor Allen.

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ZONING PUBLIC HEARING:



THERE WERE NO ZONING PUBLIC HEARINGS SCHEDULED FOR TODAY?S MEETING.

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THE FOLLOWING THREE ORDINANCES WERE ALSO SUBMITTED AND THEIR CAPTIONS READ

BY CITY ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND READING:



An Ordinance (04-88) - Amending text of the zoning ordinance to

authorize offices for wedding consultant/planner as a Special Exception Use in

the Historic (H) District, Section 22-25 of the Columbus Code. (53-A-04-Jones)

Mayor Pro Tem Rodgers moved the adoption of the ordinance. Seconded by

Councilor Henderson and carried unanimously by those nine members of Council

present for this meeting.



An Ordinance (04-97) - Regulating vehicular traffic in Columbus, Georgia

by deleting from the "Official Street Map, City of Columbus, Georgia" the

unopened portion of the street segment and rights-of-way of Doris Drive

beginning at the west right-of-way line of Garfield Drive and extending east

approximately 490 feet and a portion of the street segment and rights-of-way of

Maurice Drive beginning at the Northern Right of way line of Doris Drive and

extending north an approximate distance of 165 feet. Councilor Henderson moved

the adoption of the ordinance. Seconded by Councilor Suber and carried

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



An Ordinance (04-98) - Amending the budgets for the Fiscal Year 2005

beginning July 1, 2004 and ending June 30, 2005, for certain funds of the

Consolidated Government of Columbus, Georgia, appropriating from fund balances,

amounts shown in each fund for purchases and activities continued from the 2004

fiscal year, and for other purposes. Councilor Suber moved the adoption of the

ordinance. Seconded by Mayor Pro Tem Rodgers and carried unanimously by those

nine members of Council present for this meeting.

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PUBLIC AGENDA:



MR. CARLTON SAVORY, REPRESENTING THE HUGHSTON CLINIC, RE: CERTIFICATE OF

NEED

APPLICATION:



Mr. Carlton Savory cancelled his scheduled appearance before the Council

this morning, due to him meeting with the Council at a luncheon later this

afternoon.



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MR. ALLEN WOODALL, RE: SCULPTURED ART PIECE AT HIS PLACE OF

BUSINESS:





Mr. Allen Woodall said in 2000, he purchased a piece of property at the

intersection of River Road and Hamilton Road and the property was the old Ted

Music?s building and some adjoining property which was ready for demolition and

quite an eyesore. He said in two years he restored that property and opened a

business, The River Market Antique Mall and in that mall there are three

museums that are on the property. He said one of which has been nationally

recognized, the Lunch Box Pop Art Museum, the Museum of Southern Stoneware and

the Columbus Black History Museum.



Mr. Woodall said they have people that come to his place of business from

all over the Country and they have been interviewed all over the world.



He then went into further details in outlining exactly what he did with

that building that he purchased to create an antique and arts complex, which

brings tourist into the City of Columbus. He said he is very proud of what he

has done.

Mr. Woodall said one of the things in restoring this property is that they

have added a lot of art. He said he is here today because the Board of Zoning

Appeals had sent him here to request from the Council that he be allowed to

keep his artwork, which he commissioned Butch Anthony, a folk artist to do the

art piece that he has on top of his building.



He said a letter was also written to Mr. Bill Duck by Ms. Erica Mohar, who

is the Assistant Curator of Arts at the Columbus Museum, who has stated that

this is indeed a piece of art.



Mayor Poydasheff interrupted Mr. Woodall and said he would like to get to

the crux of the matter and said you have been told that this is a sign rather

than a piece of art. He said you are contending that it is a piece of art and

said you are here before the Council asking for a variance.



Mr. Woodall said that is correct. He said he put this up as artwork.



Councilor McDaniel said he has been working with Mr. Woodall on this issue

and said he has gone up and looked at the sculpture. He said he has taken a

blighted piece of property and made a tremendous improvement there; and has

spent over $1 million on this piece of property.



He said this sculpture is not a sign, but is a piece of art. He said it is

not for sale and said he doesn?t see any problem with it. He also said that

Mr. Woodall has done an awful lot with his money up there to make that piece of

property very attractive compared to what it was.



Council McDaniel pointed out that he has talked with the City Attorney on

this matter and he said we could do it by approving a variance. He said the

Board of Zoning Appeals did turn him down. He said he has talked with a member

on that board and said he didn?t understand why they turned him down, because

it is just a dinosaur up on top of building and it is not hurting anything. He

said he really doesn?t see a problem with it, and he would appreciate it if we

could help resolve this matter and allow him to keep it up there.



City Manager Cavezza, in response to Councilor Turner Pugh, said the

ordinance classifies it under the category of a sign; and signs are not

permitted on top of a building. He said the inspector is following the

ordinance. He said his understanding was that this was for sale at one time and

we have the Chairperson of the Board of Zoning Appeals present this morning to

verify that.



Mr. Woodall said this has never been for sale. However, City Manager

Cavezza stated that Mr. Woodall told the Board of Zoning Appeals that it was

for sale at one time.



Councilor Henderson said he went out to take a look at this and said he

agrees with Councilor McDaniel and in his opinion, there are a lot of

ordinances by the guidelines, you can interpret things that may or may not have

been a part of legislative intent. He said as he has read over the information

that we have been provided as to what constitutes a sign, one thing that seems

to be the underlying message or determining factor on what is a sign, is if it

is intended to market the property. He said after speaking with Mr. Woodall and

looking at this, and understanding that this was a piece of commission artwork

from a folk artist, he doesn?t see it as a sign.







He said he thinks that the sign ordinance has been successful in

prohibiting people from putting advertisements from on top of roofs, and he

agrees with that; however, with this particular issue, this is an eclectic

area, and it actually adds character to that particular area.



Councilor Henderson said he would make a motion to grant an oral

resolution to grant a variance to allow this to remain there. Seconded by

Councilor McDaniel.



Discussions continued on this issue for some thirty-five minutes or more

with members of the Council expressing their views, with City Manager Cavezza

responding to questions of members of the Council.



Ms. Rebecca Wiggins of the Inspection & Code Enforcement Division also

responded to questions of members of the Council.



Mayor Pro Tem Rodgers said after reading the definition of a sign, he

feels like it would be a stretch to call this a sign; because he doesn?t see it

promotes the product within. He said it is not a logo that?s design to promote

the business. He then read into the record that definition of a sign.



City Manager Cavezza said the staff is merely enforcing the ordinance. He

said he thinks that we also need to correct the minutes of the Board of Zoning

Appeals, because the minutes did state that Mr. Woodall said this piece was for

sale. He said if that is an error in the minutes, we do need to correct them.



Ms. Leah Braxton, Chairperson of the Board of Zoning Appeals, who was

present in the audience, and said that is what was stated to them in the

meeting that this was for sale.



Councilor Turner Pugh then asked City Attorney Fay, why wouldn?t this fall

under Section 17E- 4(10), because it states that decorative items, and duplex

ornamentation are prohibited. She said the issue is not the figure itself, but

it?s where it is placed and that is on top of the building.



City Attorney Fay said in looking at this section, reasonable minds could

differ as to whether or not this is ornamentation, but said now you have some

testimony in the form of a letter and others present this morning to speak as

to whether it is ornamentation or a form of art. He said the point is

debatable.



Mayor Poydasheff said maybe the sign ordinance should be tighten up

because it is in a sense ambiguous and normally, most always, you rule in favor

of the petitioner, not the proponent whenever there is question as to clarity.



City Attorney Fay, in response to Councilor Turner Pugh asked whether or

not the sign ordinance needs to be changed said we may want to address this

issue, as to what is ornamentation or decorative items.



Discussions continued on this issue for more than forty-five minutes, with

members of the Council expressing further views and Ms. Leah Braxton of the

Board of Zoning Appeals also responding to questions of the Council, Councilor

Suber then made a motion that we delay this matter for two weeks to allow the

Sign Committee to look at this issue and to make a recommendation. Seconded by

Councilor Allen.



Mr. Woodall also responded to questions of the Council.



Councilor Woodson said she would like for the Sign Ordinance Committee to

get back together and look at this ordinance.



City Manager Cavezza said this is a 7-year old ordinance and the Sign

Ordinance Committee may be difficult to get together and said we may have to

bring a new group in.



Councilor Woodson said if we need to form a new committee, let?s do that

because with all the changes going on in the City and new development, the

tourism has turned towards the arts with the college now being downtown. She

said if we need to form a new committee go ahead and do it, so we can look at

some of the changes.



After continued discussions, Mayor Poydasheff then called the question on

the motion to delay this matter for two weeks, which resulted in an

insufficient vote. Voting for the motion was Councilors Allen and Suber and all

other seven members of Council present for this meeting voting no.



MS. SIDNEY WILSON, RE: OUTDOOR SCULPTURE AT THE

RIVERMARKET:





Ms. Sidney Wilson, 3720 17th Avenue also appeared and gave some

background information on herself, in order that the Council may know why

she feels like she is qualified to talk about this issue.



She spoke for some eight minutes in expressing her views pointing out that

this is a work of art, not a sign. She said if this is a sign it is a poor one.

She said many people have enjoyed this piece of art and she would hope that we

could continue to do so.



Mayor Poydasheff then called the question on Councilor Henderson?s earlier

motion to grant a variance to allow Mr. Woodall to keep his sculpture atop his

building, which carried by a vote of 7 to 2. Voting for the motion was

Councilors Henderson, Allen, Woodson, Davis, McDaniel, Woodson, Hunter and

Mayor Pro Tem Rodgers. Voting against the motion was Councilors Suber and

Turner Pugh.



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MR. EDWARD DUBOSE, REPRESENTING THE COLUMBUS BRANCH OF THE NAACP, RE: KEYS

TO THE CITY:



Mr. Edward Dubose cancelled his scheduled appearance before the

Council this morning after having talked with Mayor Poydasheff regarding

this subject matter.

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

SALES

TAX:





Mr. Paul Olson appeared again on this week, as he has for the past three

weeks to express his concern regarding the proposed local option sales tax.

He said the reason he has a problem with this proposed local option sales

tax is because of the hotel/motel car sales exemption that is included.

He said that is the only thing that is guaranteed in this Section 6. He said

when the Council shows the things that they are going to do for the

City employees, that is just basically a snapshot picture, but said a few

years down the road, things will change. He said they would not be able to

continue to give pay increase to the employees. He said as a good custodian

of finances and a citizen, he would urge the City employees not to fall for

this and not support this tax.

He then read articles from the Columbus Ledger Enquirer newspapers as

it relates to comments made by Mayor Poydasheff as it relates to the fund

balance of the City Government.



Mr. Olson spoke for some ten minutes in expressing his views and

outlining several reasons why he felt this tax should be defeated.



Prior to Mr. Olson concluding his remarks, he said he has filed a State

Ethics complaint against City Manager Cavezza and then filed it with Clerk of

Council Washington. He said he would also be filing a State Ethics complaint

against Mayor Poydasheff as well.



Mayor Poydasheff then responded to several of those concerns

expressed by Mr. Olson.



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MR. BERT COKER, REFERENDM FOR THE CITY?S LOCAL OPTION SALES

TAX:





Mr. Bert Coker, 5815 Ventura Drive apologized for not being present at

last week?s Council meeting after having requested to be listed, but said he

was sick. He said the week prior to that when he was before the Council, he

tried to ask some questions, but was unable to do so. Therefore, today, he

would like to read something he calls his, ?I Find It Strange List?.



He said he finds it strange that the Mayor & Council was totally unaware

of the car sales, hotel/motel exemption when the Chamber of Commerce paid

former State Senator Pete Robinson $24,000 for only four months during the

Legislative Session and why the communication breakdown. He asked was there no

communication between Pete Robinson and Senator Seth Harp who wrote these

exemptions in Section 6, paragraph (6) of House Bill 709?



Mr. Coker spoke for some five minutes stating several things that he said

he finds strange about this City Government and the passage of House Bill 709.



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MR. COLIN MARTIN, RE: SUPPORT OF THE CITY?S LOCAL OPTION

SALES

TAX:





Mr. Colin Martin, 7012 Windsor Court appeared and shared an article

from this month?s Governing Magazine which profiles the City of Pittsburgh,

where community recreation centers and swimming pools were closed,

and the Mayor had to lay off 600 employees, which included 100 police

officers and the City have had to cut basic services. He said residents of the

City were frustrated that they protested in the neighborhood and in front of

the Council members? homes.



He said this paints a scary picture for us here in Columbus. He said as he

reads this article; he sees many parallels between Columbus and Pittsburgh.

He said Pittsburgh?s problem comes from a very convoluted and antiquated

tax system that in no way resembles our tax structure.



After Mr. Martin spoke of the situation in Pittsburgh, he then spent

some eight minutes in expressing his support for the proposed one-cent sales

tax that the City of Columbus is urging the citizens of Columbus to support.



Mayor Poydasheff said he would ask Mr. Martin to put a copy of his

statement he just read here this morning in the newspapers, because he

would like everyone in Columbus to hear what you have said.



After the conclusion of Mr. Martin?s presentation, members of the

Council then made several remarks regarding those comments he made.



As it relates to those comments made earlier about the hotel/motel tax

exemption by a previous speaker, Mr. Martin said he lobbied on behalf of the

LOST during the last two legislative sessions. He said he worked with the

Chamber of Commerce, as well as on his own, and was there with several

other individuals at the Committee hearing when Atlanta Convention &

Visitors Bureau asked for the exemption on hotel/motel tax. He said there

were 9 car dealers left in Atlanta and those 9 dealers were concerned about

losing sales, so they asked for the exemption. He said you couldn?t make

the exemption and apply it to only portions of the bill, but you have to apply

it to the entire bill.



This discussion concluded after some fifteen minutes or more.



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MR. VINCE MIDDLEBROOKS, RE: TAXICAB ORDINANCE:



Mr. Gerald Whitman, of Independent Taxicab Company said his purpose

of being here this morning is to simply read a paragraph for Mr. Middlebrooks

because he came off and left his glasses at home and can?t see it.



He said the paragraph concerns the new taxicab ordinance, which reads

as follows: ?The business must maintain a log of all calls for taxicab service,

which includes information concerning dates, times and locations of each

pickup and their drop times and areas. This includes any flag downs, cellular

telephone calls or any pre-arranged contract between the driver and the

passenger.



Mr. Vince Middlebrooks, owner of Independent, Vets & Airway Taxicab

Companies said he has been before this Council on numerous

occasions; and today he is here regarding this regulation that he previously

advised you that it was going to create a problem with the cellular

telephones. He said he knows that you can?t do anything about people

owning a cellular telephone, but he is here before you today to tell you that

it has created problems in the taxicab business.



He said his business has decreased from 16 pages of log on a Friday, 18

pages on a Saturday and 14 pages on a Sunday down to 2 or 3 pages of log

on either given day now. He said he has a decrease of calls coming into his

dispatcher that he has to pay regardless of how many calls they take in. He

said this is because of the cellular telephones being allowed in these

taxicabs.



Mr. Middlebrooks said what the new ordinance is saying, is that any

owner in the taxicab business is responsible for getting these calls from the

driver from what they received on their cellular telephones. He said this

creates a problem with his dispatching service to have to do this with each

individual driver, as they get these telephone calls on their cellular phones

to

list in their logs for the Police Department to track down whatever happens.

He said they are not going to do it.



He spoke for some fifteen minutes in expressing his concerns on this

issue, saying he doesn?t think he should be responsible to log their cellular

telephone numbers into his logbook for the Police Department through his

dispatcher.

Mayor Poydasheff pointed out that Lt. Ross is present here on this

morning if the Council would like for him to respond to any of these

concerns.



He also pointed out that Athens, Macon, Albany, Fulton County and

Gwinett Counties do not prohibit cellular telephones. He said the

Columbus Taxicab Commission chose not to prohibit the use of cellular

telephones to communicate with the Taxicab drivers and said maybe we can

send this back to them to look at this issue again.



Lt. Ross of the Columbus Police Department then responded to several

questions of members of the Council.



Councilor Turner Pugh said there is no way we can control the drivers

giving their cellular telephone numbers out to individuals that they pick up

from time to time.



After more than thirty minutes of discussion on this issue, with

Mr. Middlebrooks continuing to express his further concerns on this matter,

several members of the Council responded to many of those concerns of Mr.

Middlebrooks.



Councilor Allen said he thinks that there is some software available that

you can attach to cellular telephones and download the telephone numbers

on a compact disk.



Mayor Poydasheff said we could refer that to the Taxicab Commission for

them to look into in depth. He said maybe this is something that someone can

look into and see if that?s something we need to do.



Lt. Ross then responded to further questions of members of the Council.



Councilor Woodson said she would like to have the Taxicab Commission

to look at possibly requiring the business owners to have a report log, as

well as the driver.



Mr. Middlebrooks then responded to further questions of members of the

Council. City Attorney Fay also responded to questions of member of the

Council as it relates to taxicab drivers.



Councilor Suber said he thinks this needs to be referred back to the

Taxicab Commission to work it out.



After further discussion on this issue, Mayor Poydasheff said what he

thinks that we need to do is to allow Lt. Ross to sit down with the City

Manager to get the real issues defined.



City Manager Cavezza said we just went through a revision of the

ordinance and said we are hearing one side of this argument. Mayor

Poydasheff said that is why he wants the issue to be referred back to the

Taxicab Commission and allow them to look at it.



Lt. Ross responded to further concerns of members of the Council, after

which Mayor Poydasheff suggested that we have a Work Session on this

issue with the Taxicab Commission to allow them to go over these concerns.



Councilor Woodson said when we have the Work Session, she would like

to hear from both sides of this issue, from the Taxicab Commission, as well

as Mr. Middlebrooks.





Councilor Suber said when we have this Work Session, he would ask

that Lt. Ross bring forth the maximum fines for individuals that are not

adhering to the process. He said the logs are very important and if they are

not being checked then he can understand the point of view where

Mr. Middlebrooks is coming from.



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MS. MARGIE TUCKER, RE: CONCERNS WITH GAS FUMES FROM

TRUCKS:





Clerk of Council Washington advised that Ms. Tucker has cancelled her

appearance this morning.

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CITY MANAGER?S AGENDA:



THE FOLLOWING THREE 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 MCDANIEL, WHICH

CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:





A Resolution (439-04) - Declaring Doris Drive and Maurice Drive street

segments and right of way as surplus and authorizing the disposal of said

property in accordance with the Columbus Charter in exchange for Lot 5, Block C

of Carver Park Subdivision.



A Resolution (440-04) - Authorizing the acceptance of a deed to Hawks

Ridge Drive, Hawks Ridge Court, and Portion of Osprey Cove Drive located in

Phase Six, River Crest, in Columbus, Georgia.



A Resolution (441-04) - Authorizing the acceptance of a deed to Upatoi

Ridge located in Upatoi Ridge Subdivision, in Columbus, Georgia.



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THE FOLLOWING TWO PURCHASING RESOLUTIONS 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 NINE MEMBERS OF COUNCIL PRESENT FOR

THIS MEETING:



A Resolution (393-04) - Authorizing the purchase of eight (8) Minolta

MS6000 digital reader printers and accessories, one (1) Minolta PS7000

publication scanner and accessories, and a service contract from Milner, Inc.

(Norcross, Georgia), in the amount of $99,067.00. The 36-month service

contract will begin on day 91 from date of complete installation of the

equipment, and provides 100% coverage with the exception of abuse to the

equipment: Milner, Inc., is the exclusively authorized Minolta document imaging

systems dealer for Muscogee County, as documented and certified by the eastern

regional manager of Konica Minolta Business Solutions USA.



A Resolution (394-04) - Approving the procurement of professional

engineering and site surveying services from French and Associates in the

amount of $52,000.00 for drainage improvements at Effingham Way. If requested

by the City, the firm will also be paid 7.5% of construction cost, to prepare

the final design, plans and specifications for the project.

The required professional services involve design work for a drainage basin and

replacing a drainage structure. Larry French, of French and Associates, has

already done a hydrology study for a large part of the basin in his work for

private developers. The Engineering Department felt that with his familiarity

with the basin and work already completed, it would expedite the project. The

project involves replacement of a structure that has caused a road closure. It

also impacts a watershed flood structure and park that is downstream.



*** *** ***



UPCOMING EVENTS:



City Manager Cavezza advised the Mayor & Council of some upcoming events,

as outlined below.



? Today at 12:00 noon, Luncheon at the Hughston Foundation, which is right

behind the Hughston Hospital on Veterans Parkway.



? Tonight at 6:30 p.m., Town Hall Meeting at Reese Road Elementary School.



? October 26th, Town Hall Meeting at the Government Center, 6:30 p.m.



*** *** ***



AMBULANCES:



City Manager Cavezza said we are having some problems staffing and

keeping our ambulances on the road, and we are short of paramedics and

vehicles; therefore, we are doing some contractual arrangements with private

ambulance companies. He said it could well happen that a private ambulance

company could show up at an emergency site or at someone?s home. He said this

would be the situation for a while, until we can get enough paramedics trained

to staff these ambulances ourselves.



*** *** ***



PAWNSHOPS:



Councilor Woodson said we are going to be discussing an issue with

pawnshops and then asked City Manager Cavezza to send out a letter to all the

pawnshop owners in her district to advise them that this issue will be

forthcoming.

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

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

CLERK OF COUNCIL'S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR & COUNCIL:



(1) Memo from GMA, Re: The GMA Fall District Eight Meeting, on

November 4, 2004, at 6:30 p.m., located at Ryan?s in Columbus.



(2) Biographical Sketch of Dr. M. Garrett Pound, Councilor Woodson?s nominee as

submitted by the Historic Columbus Foundation, to replace Mr. Brown Nicholson

on the Uptown Fa?ade Board.



*** *** ***



THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND APROVED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A MOTION MADE

BY COUNCILOR HENDERSON AND SECONDED BY COUNCILOR ALLEN, WHICH CARRIED

UNANIMOUSLY BY THOSE EIGHT MEMBERS OF COUNCIL PRESENT AT THE TIME, WITH

COUNCILOR MCDANIEL BEING ABSENT FOR THIS VOTE:



A Resolution (444-04) - Excusing Mayor Pro Tem John J. Rodgers from the

October 12, 2004 Council Meeting.



A Resolution (445-04) - Excusing Councilor Wayne Anthony from the October

19, 2004 Council Meeting.



*** *** ***



THE FOLLOWING TEMPORARY STREET CLOSING APPLICATION WAS SUBMITTED BY CLERK

OF COUNCIL WASHINGTON AND APPROVED BY THE

COUNCIL:



Application of Swain Gravlee to temporarily close Roswell Lane from

Clubview Drive to Sue Mack Drive, on Sunday, October 24, 2004 from 2:00 p.m. to

8:00 p.m., in connection with the ?Neighborhood Block Party?. Councilor

Henderson moved the approval. Seconded by Councilor Allen and carried

unanimously by those eight members of Council present at the time with

Councilor McDaniel being absent for this vote and Councilor Anthony being

absent from the meeting.



*** *** ***



BOARD OF HISTORIC & ARCHITECTURAL REVIEW:



Clerk of Council Washington submitted a letter from Mr. Charles Hidle

resigning from his position on the Board of Historic & Architectural Review.

Mayor Pro Tem Rodgers moved the letter be received with regrets and thanks for

his service. Seconded by Councilor Allen and carried unanimously by those eight

members of Council present for this meeting with Councilor McDaniel being

absent for this vote and Councilor Anthony being absent from the meeting.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE

COUNCIL:



Convention & Visitors Bureau, March 17, 2004.

Convention & Visitors Bureau, April 21, 2004.

Convention & Visitors Bureau, May 19, 2004.

Cooperative Extension Advisory Committee, May 11, 2004.

Planning Advisory Commission, November 5, 2003.

Planning Advisory Commission, December 17, 2003.

Planning Advisory Commission, January 7, 2004.

Tax Assessors, No. 39.

Uptown Fa?ade Board, September 20, 2004.



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

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

present for this meeting, with Councilor McDaniel being absent for this vote

and Councilor Anthony being absent from the meeting.



*** *** ***



THE FOLLOWING TWO ZONING PETITIONS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND AN ORDINANCE AND PUBLIC HEARING WAS CALLED FOR ON EACH BY

COUNCILOR

ALLEN:





Petition submitted by Hunt Calhoun and Scott Pearson to rezone

approximately 2.39 acres of property located at 6900 Mobley Road from an R-1

District to an R-1A District. (Recommended for approval by both the

Planning Advisory Commission and the Planning Division.) (58-A-04-Calhoun &

Pearson)



Councilor Allen called for the ordinance and public hearing on this

petition.



Petition submitted by David Erickson to rezone approximately 69.879 acres

of property located at 8271 & 8201 Midland Road; 8111, 8091 & 8101 Old Pope

Road from an A-1 District to an R-1A District. (Recommended for denial by both

the Planning Advisory Commission and the Planning Division.)

(59-D-04-Erickson)



Councilor Allen said he would like to ask City Manager Cavezza to schedule

this public hearing for the night meeting at the first Council meeting in

November.



*** *** ***



BOARD APPOINTMENTS:



ANIMAL CONTROL ADVISORY BOARD:



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

Ms. Jimmie Graham and Ms. Maxine Lee will expire on October 15th and they are

not eligible to succeed themselves. She then asked if there were any

nominations, but there were none.



*** *** ***



BUILDING AUTHORITY OF COLUMBUS:



Clerk of Council Washington said we need someone to fill the unexpired

term of Mr. Donald Gates, whose seat was declared vacant by the Council.



Mayor Pro Tem Rodgers then nominated Mr. Jim Buntin. Clerk of Council

Washington advised that she would bring this back on next week for the

Council?s confirmation.



*** *** ***



CIVIC CENTER ADVISORY BOARD:



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

still 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 we still need Councilor

Turner Pugh?s nominee for someone to succeed Mr. Douglas Bryant as Council

District Four?s representative and that she is working on that.



*** *** ***



CONVENTION & TRADE CENTER AUTHORITY:



Clerk of Council Washington pointed out that Mayor Poydasheff is

nominating Mr. James Cantrell to succeed Dr. Clifton Johnson and that he may be

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

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

Councilor McDaniel being absent for this vote and Councilor Anthony being

absent from this meeting.



*** *** ***



CONVENTION & VISITORS BOARD OF COMMISSIONERS;



Clerk of Council Washington said the seat of Martha Turner, who is

deceased; we are not going to fill this position because we are working towards

decreasing the membership on this board.



Mayor Pro Tem Rodgers then asked if we needed to correct the ordinance to

set forth the members of this board, to which Clerk of Council Washington

stated that she believes this has already been done, but she would check into

that.



Mayor Poydasheff said he is going to nominate Mr. Scott Ressemeyer for Ms.

Miriam Tidwell?s seat that has resigned from the Board. Mayor Pro Tem Rodgers

moved he be confirmed. Seconded by Councilor Allen and carried unanimously by

those eight members of Council present at the time, with Councilor McDaniel

being absent for this vote and Councilor Anthony being absent from this

meeting.



He also said Historic Columbus Foundation is recommending that

Ms. Carol Calhoun be appointed to succeed Mr. Frances Quick whose term will

expire on December 31, 2004 and begin her term on January 1st.



Councilor Allen then moved Ms. Calhoun be confirmed. Seconded by Mayor Pro

Tem Rodgers and carried unanimously by those nine members of Council present

for this meeting.



*** *** ***



LAND BANK AUTHORITY:



Clerk of Council Washington pointed out that Mr. William Baird was

nominated on last week to succeed himself for another term of office and said

that he may now be confirmed. Councilor Turner Pugh so moved. Seconded by

Councilor Henderson and carried unanimously by those nine members of Council

present for this meeting.



Mayor Poydasheff then nominated Mr. Joseph Powell to succeed Mr. Lee

Grogan. Councilor Turner Pugh so moved. Seconded by Councilor Woodson and

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



*** *** ***



PUBLIC SAFETY ADVISORY COMMISSION:



Mayor Pro Tem Rodgers pointed out that he would like to nominate

Mr. James Wilson for his District 5 seat. Clerk of Council Washington then

advised that Mr. Wilson could be confirmed. Councilor Henderson so moved.

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

Council present for this meeting.



*** *** ***



RECREATON ADVISORY BOARD:



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

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

for Council District 4, Mrs. Debra Aldridge?s seat, who is deceased. She said

Councilor Hunters and Turner Pugh are working on these nominees for these two

seats. .



*** *** ***



UPTOWN FA?ADE BOARD:



Clerk of Council Washington pointed out that Uptown Columbus is

recommending Dr. Garrett Pound be nominated to succeed Mr. Brown Nicholson.

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

by those nine members of Council present for this meeting.



*** *** ***



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

Poydasheff then asked if there was anyone who was not listed on the Public

Agenda, but had an issue to bring before the Council, they could be heard at

this time.



Dr. Joe Coley said it was him who sent the word that Mr. Ed Hostilo?s

mother was having emergency surgery this morning; therefore, he couldn?t be

here.



He then spent several minutes in expressing his support for the local

option sales tax. He said he just wants to let everybody know that the hearings

for the one-cent sales tax are going very well. He said this past Saturday

there was a political candidate forum at the FOP and they also talked about the

one-cent sales tax. He said the FOP has endorsed the sales tax and that we are

getting a lot of very positive support for the one-cent sales tax initiative.



After the conclusion of his comments, several members of the Council

thanked Mr. Coley for his support of this issue and what he is doing in this

respect.



*** *** ***



. EXECUTIVE SESSION:



Mayor Poydasheff said he would entertain a motion for the Council to go

into an executive session to discuss a personnel issue and a litigation matter.

Councilor McDaniel so moved. Seconded by Councilor Woodson.



*** *** ***



FLU VACCINE SHORTAGE:



Councilor Davis said he thinks everyone knows that there is a flu vaccine

shortage across our nation and then asked if we have any information as to how

Columbus is doing dealing with this shortage or have we been affected.



City Manager Cavezza said that is a Health Board issue, and said, yes we

have been affected. He said there are a lot of seniors who haven?t gotten flu

shots, but said it is being worked on.



Councilor Davis then asked if there is anything that we can do as a City

to help in this matter.



City Manager Cavezza said he would talk with Dr. Koypanyi at the Columbus

Health Department and get some directions from him since this is an area that

he is working with.



*** *** ***



EXECUTIVE SESSION:



The question was then called on the motion to allow the Council to go into

an executive session, which carried unanimously by those nine members of

Council present for this meeting.



*** *** ***



At 11:40 a.m., the Council adjourned its regular session to allow the

Council to go into an executive session.



At 11:50 a.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 issue, as well as a litigation matter 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

Woodson and carried unanimously by those nine members of Council present for

this meeting, with the time being 11:51 a.m.





*** *** ***





Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia