Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

SEPTEMBER 21, 2004



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

order at 9:00 A.M., Tuesday, September 21, 2004, on the Plaza Level of the

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

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



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

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

Julius H. Hunter, Jr., 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: No one was absent.



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INVOCATION: Offered by Bishop Barbara Sheppard ? Words of Wisdom Christian

Center, Inc.

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PLEDGE OF ALLEGIANCE: Led by Mayor Robert S. Poydasheff. (See below for late

arrival of the students from the Enrichment Services Head start Program)

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CITY ATTORNEY?S AGENDA:



WITH MR. DAN AMOS STANDING AT THE COUNCIL TABLE, THE FOLLOWING RESOLUTION

WAS READ IN ITS ENTIRETY BY MAYOR PRO TEM RODGERS AND ADOPTED BY THE

COUNCIL:





A Resolution (325-04) - Commending Mr. Daniel P. Amos, AFLAC Chairman and

Chief Executive Officer, upon his receipt of the 2004 Stuart Lewengrub Torch of

Liberty Award from the Anti-Defamation League on September 13, 2004 in

Atlanta. Mayor Pro-Tem Rodgers moved the adoption of the resolution. Seconded

by Councilor Allen and carried unanimously with those ten members of Council

present standing to cast their affirmative.

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PROCLAMATIONS:



100TH BIRTHDAY OF RETIRED FIRE CAPTAIN LOUIE ROBINSON:



With Retired Fire Captain Louie Robinson and members of his family

standing at the Council table, Councilor McDaniel read the proclamation of

Mayor Poydasheff expressing birthday wishes for his 100th birthday on Monday,

November 22, 2004 and proclaiming November 22, 2004 as ?Captain Louie Robinson

Day? in Columbus, Georgia.



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?AMERICAN BUSINESS WOMEN?S ASSOCIATION DAY?:



With Ms. Peaches D? Lorenza of the Tri-City Chapter of ABWA, Ms. Becky

Parnell of the Chattahoochee Chapter ABWA, Ms. Diana Youst, and Ms. Ruby

Jackson of the Bush Chapter standing at the Council table, Councilor Turner

Pugh read the proclamation of Mayor Poydasheff, proclaiming September 22, 2004

as ?American Business Women?s Association Day? in Columbus, Georgia.

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PLEDGE OF ALLEGIANCE: With the students from the Enrichment Services Head

start Program now being present in the Council Chambers; Mayor Poydasheff then

called them to come forward to lead us in the Pledge to our Flag.

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?GEORGIA SAVES WEEK?:



With Mrs. Joanne Cavis standing at the Council table, Councilor Allen

read the proclamation of Mayor Poydasheff, proclaiming October 10 - 16, 2004 as

?Georgia Saves Week? in Columbus, Georgia.



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GEORGIA GOVERNMENTAL FINANCE OFFICERS? AWARD:



Mayor Poydasheff said he is extremely proud of our Finance Department and

what they are doing for the City of Columbus. He said he knows that the City

Manager has done a lot of great work in this area of Finance and said that Ms.

Cole, our Finance Director is proving herself to be a magnificent leader. He

then called Ms. Angela Cole to come forward along with her staff. He said he

has received a Certificate of Achievement for Excellence, which has been given

by the Governmental Finance Officers? Association, to Ms. Angela Cole and the

City of Columbus. He said this is the Association that sets the guidelines for

all financial officers in Government.



Mayor Poydasheff then read the Certificate in its entirety, stating that

this is the highest form of recognition in the area of Governmental accounting

and finance reporting and its attainment represents a significant

accomplishment by a Government and its management. He said this award has been

awarded to Ms. Angela Cole.



He said when this Government tells the people of Columbus what our budget

is, what we have spent the money on and what we have used SPLOST funds for, as

well as what our accountability is; they can guarantee you that is the truth.

He said the proof of that is this continued award that the Governmental Finance

Officers Association has bestowed upon Columbus, Georgia.



Mayor Poydasheff then presented the award to Ms. Angela Cole and pointed

out that we are very proud of her.



Ms. Cole then introduced two members of her staff, Ms. Jodi Davis,

Accounting Manager and Mr. Ralph King, who are the two individuals who spends

countless hours preparing reports making sure that the report is the very best

and represent our City well.

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MINUTES: Minutes of the September 14, 2004 meeting 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:



THE FOLLOWING THREE ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS READ BY

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







An Ordinance - Rezoning properties located at 7836, 7932 & 7936 Shinn

Drive from an R-1A District to an R-3B District. (50-A-04-Evans)



Mr. Jim Evans, 2012 Wynnton Road, the petitioner for this proposed

rezoning ordinance came forward and went into some details in outlining his

plans for this proposed project; spending some fifteen minutes in outlining his

proposal. He said this is a new subdivision that they are planning on building.

He said the homes would be between 1200 - 1500 square feet with 2 - 3 bedrooms.

He also pointed out that he has some individuals present with him who also

wanted to speak on behalf of this proposal, which included his business

partners, Mr. Jimmy Cross and Mr. Brad Cross.



Mr. Nixon Massey, the Engineer for this proposed project also appeared and

went into some details on the engineering design of this project.



Mr. Evans, along with Mr. Massey responded to several questions of Mayor

Poydasheff and members of the Council.



The following individuals also appeared and spoke in favor of this project:

Ms. Gwen Quiensberry, Mr. & Mrs. Scott Money, previous owners of

36 Shinn Drive, Mr. Charles Money and Ms. Aimee Elberhart, 797 Shinn Drive.



Several members of the Council expressed their views and concerns

regarding this proposed project, after which Deputy City Manager Richard Bishop

responded to questions of the Council.



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OPPONENTS:



Ms. Teresa Shaw, 7919 Shinn Drive appeared and spoke on behalf of herself

and her neighbors, addressing their concerns and pointing out their reasons for

being opposed to this proposed project. She said their number one concern is

the traffic and the very narrow road that they have in this subdivision. She

said people are often speeding up and down this road and she feels that there

is not enough space for Mr. Evans to put the amount of houses that he wants to

put in this area.



Ms. Shaw pointed out that they have told Mr. Evans if he would reduce the

number of homes that he wants to put in this area, they would not be opposed to

his project.



She filed a petition with Clerk of Council Washington from those residents

who are opposed to this project.



After more than thirty minutes of discussion on this proposed rezoning

ordinance, City Attorney Fay then declared this public hearing has been held.

He pointed out that this ordinance would be voted on next week.



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An Ordinance - Rezoning property located at 5220 Boyd Drive from an R-1A

District to an R-2 District. (51-A-04-Cannon)



PROPONENTS & OPPONENTS:



The petitioner, Mr. Cannon was present, but he did not make a

presentation, as there was no one present to oppose this proposed rezoning

ordinance.



City Attorney Fay then asked if there was anyone who wanted to be heard on

this matter, but there were none. He then declared this public hearing held and

pointed out this ordinance would be voted on next week.



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An Ordinance - Rezoning city-owned properties located within the area

defined in the Liberty District Master Plan from R-4, C-3 and M-1 Districts to

R-1, R-3, R-3A, R-4 and A-0 Districts. (52-A-04-Planning Division)



PROPONENTS & OPPONENTS:



Mr. Will Johnson of the Planning Division was present, but he did not make

a presentation, as there was no one present to oppose this proposed rezoning

ordinance.



City Manager Cavezza said the Council has already approved the Liberty

District Redevelopment Plan, so this is consistent with that plan.



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

meeting.

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CITY ATTORNEY?S AGENDA:



THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND

READING:



An Ordinance (04-88) - Rezoning property located at 1059 McBride Drive

from an R-1 District to a C-2 District. (46-D-04-Flemister)



Councilor Turner Pugh made a motion to defeat the ordinance. Seconded by

Mayor Pro Tem Rodgers.



Councilor Turner Pugh said she thinks it is good that the petitioner wants

to open up a beauty salon, but said it?s just the location that she has a

problem with.



She said when you look at residential properties being rezoned and you

start encroaching on commercial, you have to get to some point where you say

this is it and we are not going to go any further; because soon the entire area

will be consumed.



Councilor Suber said he also talked with the petitioner and he has asked

her if she would be willing to amend her rezoning petition to put in a

reversionary clause, which the property would revert back to residential if the

beauty salon fails, which she has agreed to do. He said she has also gone to

the community and asked the community if they would support her and as we saw,

a petition was brought back from the neighborhood on last week, and the

community does agree.



Mayor Poydasheff then called for the question on the motion to defeat the

ordinance; which resulted in an insufficient vote of 3 - 7. Voting for the

motion was Councilors Henderson, Turner Pugh and Mayor Pro Tem Rodgers. Voting

against the motion was Councilors Allen, Anthony, Davis, Hunter, McDaniel,

Suber and Woodson.



With this motion having failed, Councilor Suber then made a motion to

adopt the ordinance. Seconded by Councilor Woodson and carried by a vote of 7 -

3. Voting for the motion was Councilors Allen, Anthony, Davis, Hunter,

McDaniel, Suber and Woodson. Voting against the motion was Councilors

Henderson, Turner Pugh and Mayor Pro Tem Rodgers.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND DEFEATED BY THE COUNCIL ON

SECOND

READING:





An Ordinance - Rezoning property located at 6910 River Road from an A-0

District w/conditions to an A-0 District w/ amended conditions.

(36-CA-04-River Island Group)



Councilor Davis moved the ordinance be defeated. Seconded by Councilor

Suber.



Councilor Turner Pugh said she talked with Marty Flournoy and said that

she explained to him that this would have been a good project if the conditions

hadn?t been placed on the original rezoning. She said we are going around

having town hall meetings right now and our theme is, ?Promises made, promises

kept?. She said this is the only reason that she can?t support this rezoning

request. She said she thinks that Dr. Sidhpura would make a very good tenant;

however, because of the conditions that were placed in the ordinance and the

conditions were projected to last for the next twenty years, she can?t see

removing them.



She said if we are going to have people to believe in our promises that we

make at this Council and the things that we put into law, and then we have to

live up to them.



The question was then called on the motion to defeat the ordinance, which

carried by a vote of 9 - 1, with Councilor McDaniel voting no and all other

nine members of Council present voting yes.



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THE FOLLOWING TWO ORDINANCES WERE ALSO SUBMITTED AND THEIR CAPTIONS READ

BY CITY ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND

READING:





An Ordinance (04-89) - Amending Ordinance No. #03-90 which rezoned

property on the south side of Veterans Parkway, between Lullwater Apartments

and Turnberry Lane from an R-1 District to an A-0 District, so as to delete

condition Nos. 5 and 6 and to substitute a new condition No. 5.

(48-A-04-Developers-Investors, Inc.) Mayor Pro Tem Rodgers moved the adoption

of the resolution. Seconded by Councilor McDaniel and carried unanimously by

those ten members of Council present for this meeting.



An Ordinance (04-90) - Amending the text of the Zoning Ordinance to allow

services operations such as meat storage, cutting and distribution; milk

bottling and distribution; ice cream manufacture; printing; bookbindery;

lithography; and publishing, as a Special Exception Use in the C-3 zoning

district. (49-D-04-Daffin) Councilor Henderson moved the adoption of the

ordinance. Seconded by Councilor Allen and carried unanimously by those ten

members of Council present for this meeting.



VOTE ON REZONING PETITIONS:



Councilor Henderson said he was pretty emphatic on last week in that the

two situations that we were approaching on removing conditions were similar in

his opinion; however, in order to justify removing a condition that we had

place on the rezonings there had to be some change in the situation; some

overriding need to amend it. He said the petition on River Road, in his

opinion, didn?t have it, and after looking at the change in owners on the

second petition, the original owner pulled out and that property was virtually

landlocked. He said this is his way of explaining why he did support one

petition and not the other petition.



Councilor Allen said the changing of the condition also brings into play,

a safety factor; because once this property is developed at some point then

there will be some access points directly on Veterans Parkway, which would

require traffic to turn right and go down to the traffic light and make a

u-turn; which is going to cause a big problem once the road is widened, it will

cause an even bigger problem. He said he thinks that we were justified in what

we did.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND AFTER SOME DISCUSSION ADOPTED BY THE

COUNCIL:





An Ordinance (04-91) - Providing for the demolition of fourteen structures

located at 4828 Old Cusseta Road (Leroy W. & Aldpohus Battle Sr., owners); 2610

Clover Lane (George D. Boykins, owner); 3150 Plateau Drive, Lt. 441 (Buck Sport

Aircraft, owner); 718 6th Avenue (Church of God, owner); 3637? Buena Vista Road

(Johnny E. Davis, owner); 1214 Baker Circle (Wilson T. Harrison, owner); 2415 ?

Schaul Street (C. A. Hopkins, owner); 401 Brennan Road, Lt. 33 (King Gerald

Leonard, owner); 925 Benning Drive (Marie v. Petit, Estate); 2605 Walker Street

(Jacqueline M. Ryan, owner); 3466 Marathon Drive, Lt. 55 (Ivey & Dorothy

Summerlin, owners); 2714 14th Avenue (Nellie H. Thompson, et al., owners); 2608

14th Avenue (Dorothy C. Walker, owner); 606 Radcliff Avenue (Pearlie Wilson,

owner); and for demolition services for the Inspections and Code Division in

accordance with the Tabulation of Bid sheet.



Councilor Woodson said the owner of the property located at 4828 Old

Cusseta Road, Mr. Battle was unable to attend the meeting on last week and said

he would like to be heard this morning. She then made a motion to allow Mr.

Battle to be heard. Seconded by Councilor Suber and carried unanimously by

those ten members of Council present for this meeting.



Mr. Aldpohus Battle said he knows that this is the second reading and the

house is supposed to be torn down; but he is here on today to let you know that

he is prepared within the next 10 - 18 days to have the house torn down. He

said he has talked with some contractors to get this done and he has the funds

to do it.



Mayor Poydasheff said we can go ahead and adopt the ordinance, but Mr.

Battle can tear down the property and then there is no problem, if he does it

before the contractor gets there.



Councilor Suber said he talked with Mr. Battle on Friday and he agreed to

have this done within 30 days and he doesn?t think we can get it done before

that time. He said he would ask the City Manager to allow Mr. Battle the

30-days and if it isn?t done by that time, then we will just go ahead and do

it. He then so moved. Seconded by Councilor Woodson.



Several minutes of discussion developed on this issue with members of the

Council expressing their views on the matter, with Mr. Battle responding to

questions of the Council.



After the discussion, Mayor Poydasheff then proceeded to call the question

on the motion to allow Mr. Battle 30-days to demolish the property when Mayor

Pro Tem Rodgers asked if we could handle this matter administratively.



City Manager Cavezza said if the Council would just go ahead and adopt the

ordinance and if the property is not demolished within 30-days, we will take it

down.



Councilor Suber then withdrew his motion.



Mayor Pro Tem Rodgers then made a motion to adopt the ordinance. Seconded

by Councilor Allen and carried unanimously by those ten members of Council

present for this meeting.



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PROPERTY ON RIVER ROAD:



Councilor Davis asked if we have a status report on the former gas station

that is located on River Road, to which City Manager Cavezza said the status is

basically the same. He said we have followed up with the solid waste problem,

but said it is still in bankruptcy, so as far as taking any action on

demolishing it, we are prohibited from doing anything at this point and time.



Councilor Davis then asked if we have had an inspector to go out there and

take a look at the building. City Manager Cavezza said he would have to check

on that.



Councilor Davis said he rode out there and looked at the building and in

his opinion it is a safety hazard; the roof has caved in and it looks like

people have been trying to jump through the roof and someone is liable to get

hurt there; so he thinks that we need to get the staff out there to check on

that.

He then said under those conditions, check to see if there is something that we

can do.



City Manager Cavezza said as far as cleanliness, grass cutting and etc.,

we can deal with that but as far as tearing down the building, the only thing

we can do is to put some pressure on people to make it safe, if its in fact

unsafe. He said he is going to have someone to look into it.



Mayor Poydasheff asked City Attorney Fay to check with Judge Laney, the

Federal Bankruptcy Judge and see where that is in the process.



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THE FOLLOWING RESOLUTION WAS SUBMITTED AND ITS CAPTION READ BY MAYOR PRO TEM

RODGERS AND ADOPTED BY THE

COUNCIL:



A Resolution (391-04) - Expressing appreciation to Mrs. Anne R. Thomas

upon her retirement with the Inspections and Code Enforcement Division after

nearly 19 years of service. Mayor Pro Tem Rodgers moved the adoption of the

resolution. Seconded by Councilor Woodson and carried unanimously by those ten

members of Council present for this meeting.

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PUBLIC AGENDA:



MS. DELLA UPSHAW AND MR. ANONIA CARTER, REPESENTING

MS. VIRGNIA UPSHAW, RE: AN EVICTION

:



Mr. Carter said he represents the National Action Network Civil and Human

Rights Organization and said sometime in mid-August, he was contacted by Ms.

Della Upshaw, daughter of Mrs. Virginia Upshaw, to talk about an eviction that

didn?t go right.



He said they took affidavits and went out and talked to some of the people

that were involved in the eviction. He said they also went to meet with Marshal

Ken Suddeth and he told them from his investigation what they found was that

the Deputy Marshal did an incomplete eviction; he was going back and forth into

the property and while he was doing that merchandise that belonged to this

family was being taken away and that he actually left the property before the

eviction was completed.



Mr. Carter said what the Marshal has done is suspended the Deputy for one

month without pay. He said after all that was said and done, his position was

that the Deputy has been suspended, but this family needs to be made whole

again. He said all of her household items, her personal property has been taken

and she can not get those things back, so who is going to replace those items

for her.



He said the Marshal told him that he had made the City Attorney privy to

the situation and the incident and that we should take it up with the City

Attorney and he would go further with them. He said this is the reason why he

is here before the Council this morning.



Mayor Poydasheff said he would recommend that after this Council meeting,

if Mr. Carter and Ms. Upshaw would go up to the City Attorney?s office and sit

down and talk with him, he will explain your legal rights and the position of

the City.



Mr. Carter said he would like to get a better clarification from you as to

what their legal options are, and he would also like for Ms. Upshaw to be

heard.



Mayor Poydasheff said he could not, nor can this Council tell you what

your legal options are. He said that would be unethical and improper because

there is an elected official involved. He said his recommendation to you,

would be to sit down with the City Attorney and to get an attorney to represent

you on this issue.



Mr. Carter said their position, was rather than going to get an attorney

and cost the City additional funds, if they could get together and talk about

the situation and possibly not have to take it that far if the City would just

do what?s right; because we already know that something went wrong due to the

officer being suspended.



Discussion continued on this matter with Mr. Carter continuing to express

his concerns over this issue, after which City Attorney Fay and Mayor

Poydasheff responded to those concerns of Mr. Carter.



Several members of the Council expressed their views regarding this

subject as well. City Attorney Fay also responded to questions of the Council

regarding this issue.



Ms. Upshaw also responded to questions of members of the Council regarding

those items that were taken from her mother.



Councilor Hunter said this situation with Ms. Upshaw brings him back to

something that he had suggested to the Council back in December; however, he

knows that we didn?t have the votes to approve it. He said he thinks it is

something that we need to consider at some point in the near future, which is

the idea of having some kind of independent review board. He said in looking at

the successful Commissions that have occurred across the Country, i.e. New

York, he thinks we would do well with one also.



He said when someone has a complaint that they want to make, the first

thing that happens before the investigations goes any further, there is an

attempt to mediate the problem; with the hope being that the person who feels

like they were done wrong and the alleged wrong doers coming together and maybe

something can be ironed out through mediation. He said if mediation doesn?t

work then at that point, an investigation would take place.



Councilor Hunter said he would hope at some time in the future that we

would come on board with this concept. He said it?s not a novice concept, the

idea of having an independent citizens? review board. He said he would hope at

some point that we take a look at what other areas have done because it is

working.



Councilor Turner Pugh encouraged Mr. Carter when he goes to meet with the

City Attorney to take a list of those items that was taken from Ms. Upshaw.



After more than forty-five minutes of discussion on this matter, it was

concluded after members of the Council requested some additional information as

outlined below.



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ELECTED OFFICIALS:



Councilor McDaniel said he would like for the City Attorney to prepare a

report for the Council, advising what authority, if any, does the Council have

over elected officials, i.e. Sheriff, Marshal and Coroner; and if they don?t

have any authority, advise who does have authority over these officials.



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LAWSUITS:



Councilor Woodson said she would like for the City Attorney to determine

what holds us liable in lawsuits, dealing with the offices of elected

officials.



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DEMOLITION ORDINANCE:



Referring back to the demolition ordinance, Ordinance No 04-91, that was

adopted earlier, Councilor Henderson said he knows that we have already voted

on the ordinance; however, he thinks that Mr. Gardiner may have some

information regarding tearing down his property and said he would like to

request that he be heard and so moved. Seconded by Councilor Turner Pugh and

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



Mr. Gardiner said he has some responsibility regarding the property at

2608 14th Avenue and said he is here today requesting a 90-day extension, but

the Inspections & Code Division said they couldn?t allow for a 90-day

extension; so he is asking for a 30-day extension. He said they have cleaned up

most of the property except for a small portion. He said Ms. Wiggins told him

that they have up until Monday to get the other portion cleaned up; however,

due to his work schedule and him not having access to a truck, he would like to

ask for a 90-day extension.



City Manager Cavezza and Ms. Rebecca Wiggins of the Inspections & Code

Division responded to questions of members of the Council.



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

Council.



Ms. Wiggins said the building was condemned in August 2003 and they

purchased a permit to demolish the property in January 2004 and have been

working on it on and off since that time. She said they went for a long period

of time with no progress being made, but when she had the asbestos survey done

that is what was left as shown on the photos. She said as of today, he has

cleaned up a great deal; however, there is some debris left, and there is a

brick porch, stoop and steps that remain.



She said Mr. Gardiner?s sister called her late yesterday afternoon and she

encouraged her to have this done as soon as possible so that when our

demolition contractor got there he wouldn?t have anything to do; therefore no

cost would be incurred by him and his family. She said they would have it all

done by Monday; however, Mr. Gardiner shows up today and said he can?t have it

done by Monday. She said she suggested to him that he get it done as soon as he

can or otherwise when the contractor shows up, they would remove the remaining

debris and those steps and whatever costs is incurred, it will be passed on to

Mr. Gardiner and his family.



Mayor Pro Tem Rodgers said he would be willing to leave it in the City

Manager?s hand administratively to do just that.



After further discussions, Mr. Gardiner responded to further questions of

members of the Council.



Mayor Poydasheff then suggested that the staff decide how many days they

are going to allow Mr. Gardiner to complete this cleanup. He said give him

perimeters and if its not done, then we will clean it up.



City Manager Cavezza said they are going to deal with this situation.

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CITY MANAGER?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND ADOPTED BY THE

COUNCIL:



A Resolution (392-04) - Authorizing the submission of the 2003 Update to

Chapter 8 of the Comprehensive Plan to the Lower Chattahoochee RDC and the

Georgia Department of Community Affairs. Mayor Pro Tem Rodgers moved the

adoption of the resolution. Seconded by Councilor McDaniel and carried

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



City Manager Cavezza thanked Mr. Phillip Thayer for all the assistance

that he has given to make this plan come together. He said he has been

instrumental, from the developers? point of view in making this plan come to

fruition.



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THE FOLLOWING SEVEN PURCHASING RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY

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

SINGLE MOTION MADE BY COUNCILOR ALLEN AND SECONDED BY COUNCILOR MCDANIEL WHICH

CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:



A Resolution (393-04) - Authorizing reimbursement to Public Service

Cellular in the amount of $14,160.64 for E-911 recurring charges, and approving

reimbursements for future recurring charges. Although the charges are for

January 1, 2004 thru July 31, 2004, Public Service Cellular did not invoice the

City until August 2004. Public Service Cellular has been providing E-911

wireless services for the past four-five years, however this is the first time

the City has received charge backs from the company.



A Resolution (394-04) -Authorizing the purchase of three (3) commercial

zero-turn-radius mowers from Dudley?s Outdoors, in the amount of $19,722.90,

with two of the mowers being replacements for the Right-of-Way Division. The

third mower is a replacement for the Community Services Division.



A Resolution (395-04) - Authorizing the purchase of one (1) crawler

tractor from Yancey Brothers Company in the amount of $299,560.00, which will

be used at the construction and demolition sites of the Pine Grove Landfill of

the Public Services Department to place daily topsoil cover on incoming waste

and materials.



A Resolution (396-04) - Authorizing the purchase of library furnishings

from CWC (Macon, GA) in the amount of $245,837.72. The furnishings will be

purchased via Georgia State Contract SWC S-030748, and will be installed in the

new library.



A Resolution (397-04) - Authorizing the purchase of stone from Vulcan

Materials, Lafarge Aggregates and Columbus Quarry (Florida Rock) on an ?as

needed basis? for the estimated annual contract value of $327,910.00 for one

year, with the option to renew for two additional twelve-month periods.

Contract renewal will be contingent upon the mutual agreement of the City and

the Contractor. The Public Services Department uses approximately two hundred

tons of various grades of stone per month for drainage ditches, parking lots

and along right-of-ways around the City.



A Resolution (398-04) - Authorizing the purchase of one (1) Hydraulic

Excavator from Tractor & Equipment Company in the amount of $200,539.00, which

is a replacement and will be used at closed landfills and new landfills of the

Public Services Department. Uses include new phase development, EPD compliance

pertaining to daily cover, as well as, any problems encountered.



A Resolution (399-04) - Authorizing the purchase of one (1) trailer

mounted hydro seeder from Stowers-Lillagore Construction Company in the amount

of $30,985.00; which is an additional unit and will be used at closed

landfill(s) and Pinegrove landfill of the Public Services Department. The unit

will be used for the placement of grass seed on the slopes for EPD erosion

control compliance.



*** *** ***



PUBLIC SAFETY COMPLAINTS:



Councilor Woodson said she has made a request as it relates to complaints

that come into the Public Safety Departments and how they are processed;

however, all she received was the policy on it. She said it didn?t explain the

process that she was looking for and then asked the City Manager to meet with

her to discuss this matter.



*** *** ***



STORMS:



Councilor Henderson said he has been receiving a number of telephone calls

from senior citizens in the area as it relates to the recent storms that we

had. He said as a result of the two storms that blew through, we were very

fortunate as we missed the worst part of the second one; however, he would like

to ask the Mayor to consider declaring a state of emergency for cleanup for

thirty (30) days or whatever the Mayor and City Manager deemed appropriate to

pick up all the tree debris from the storm.



City Manage Cavezza said he was going to recommend that we put a

moratorium in effect from the timeframe of September 6 - October 30, 2004. He

said that would be retroactive for those trees picked up beginning on September

6th through that period. He said there would be no fees charged for that and

said it would include both Ivan and Frances storm.



*** *** ***



ST. MARY?S ROAD:



Councilor Hunter said he would like to convey a real concern of a number

of his constituents, which live on the eastern end of St. Mary?s Road. He said

he has emailed this concern to both the Mayor and the City Manager and the

Mayor has responded to him. He said about a year ago, they had a rezoning

petition that came before the Council on St. Mary?s Road and we opposed that

particular petition because it would exacerbate the traffic situation on St.

Mary?s Road by bringing that housing unit in.



He said one of the hypothetical that they talked about is what would

happen if the people there were actually locked in by some type of event. He

said as you know, Moye Road going east has been barricaded, so what you have is

a cul-de-sac on St. Mary?s Road going east; resulting in the residents not

being able to get out. He said they have to go west in order to get egress.

Councilor Hunter said a few weeks ago when the remnants of Hurricane

Frances was widening its way through Columbus, there was in fact a road block

on St. Mary?s Road, such that ingress and egress was not possible for those

residents living down in the area of St. Mary?s Road. He said it caused quite a

bit of concern and potentially it could have been disastrous.



He said he has received a number of telephone calls from the citizens who

live in this area and are concerned about the potential of that happening

again. He said he wants them to know that he is concerned as well and thinks we

ought to be concerned about this situation.



Councilor Hunter said we have talked about road widening and said it

doesn?t appear to be feasible to widen St. Mary?s Road there. He then asked

City Manager Cavezza if we have given any thought to trying to create some kind

of connector to Old Cusseta Road from St. Mary?s Road, which would give the

people an outlet from that area.



City Manager Cavezza said it is extremely expensive when we talk about

another road or connector, we are talking about a major road project which

means we would have to shift priorities around to do that. He said they had

hoped that they could work with Fort Benning to open Moye Road back up;

however, there is a security issue there, which means they would have to put an

entry point there and staff that area.



He said what really caused the problem on last week was when the tree came

down their crews were out there quickly, but there were power lines involved

and therefore we couldn?t do anything to those trees until the power lines were

cleared up. He said there was a breakdown in communication with Georgia Power

Company and we had some difficulty getting them to come to that site and deal

with it in a timely manner.



City Manager Cavezza said there is no easy answer to this concern;

however, if the Council wants to look at a road network, we can look at what

the options are there.



Councilor Hunter said if building a connecting road needs to be a

priority, he thinks it should be a priority.



After more than thirty-five minutes of discussion on this matter,

Councilor Hunter then asked the City Manager to go ahead and put together some

options, along with cost for a connecting road for the eastern end of St.

Mary?s Road or a possible solution to the problems with the closing of Moye

Road and let?s discuss it at a Council Work Session.



*** *** ***



CLEANUP OF STORM:



Councilor Allen said he was out on Saturday afternoon at his home cleaning

up his yard from the storm and said he looked up and saw the City truck picking

up debris on Saturday, which he thought was great. He said he just wanted to

thank the City Manager, as he thought it was a credit to him and his staff for

being out there on Saturday. He said he knows a little overtime was involved,

but he thinks it was well worth it.



City Manager Cavezza said Mr. Rufus Riggs and his staff did a great job

and said they saw and heard some criticism about why they were picking up trees

and cleaning up trash Thursday with the potential storm.



He said their thoughts were that if they can keep current and keep up with

the problems as they occur, we will be ahead of the game and will save us money

in the long run. He said the fact is that we may have had people out on the

streets working, but we have police officers and fire fighters out on the

street and that is part of the City?s responsibility.



Mayor Poydasheff said the decision to continue picking up the debris and

the garbage on the appropriate days as long as it was physically possible was

the right thing to do and it saves money in the long run. He said they did a

great job.



*** *** ***



SIRENS:



Councilor Allen said he had a complaint from one of his constituents who

was unable to hear the sirens in her home during the recent storms and said he

would like to have the City Manager to look into this problem. He said the

wording that comes out of the system is somewhat garbled and said it would seem

if we would remove the language and make the alarm louder that would probably

benefit more people.



Councilor Allen then asked that they look into this as well as to possibly

consider removing the language and just make the alarm louder.



*** *** ***



OAK TREES:



Councilor McDaniel asked City Manager Cavezza what do we do with the wood

from the oak trees when they are removed after a storm. He said that is a lot

of wood.



City Manager Cavezza said they may go to the landfill, but he is not

exactly sure, but he would find out the information and provide it to the

Council. Councilor McDaniel said he thinks that we ought to have a place to put

it and allow the people to pick it up, if we are not going to sell it.



*** *** ***



ST. MARY?S ROAD:



Referring back to the subject of the issue of St. Mary?s Road, Councilor

Turner Pugh asked City Manager Cavezza to also look at St. Mary?s Road and Moye

Road, and make sure we look at the other side of Moye Road; because it may be

more fiscally responsible to try to have a road going from St. Mary?s Road to

Moye Road on the City?s side versus the Fort Benning side, rather than going to

Cusseta Road because of all the problems we had with the proposed road that was

to go to Cusseta Road from St. Mary?s Road.



*** *** ***



FIRE/EMS:



City Manager Cavezza said the Fire/EMS Department is going to be putting

out a RFP for assistance in ambulance services. He said we are really having

difficulty keeping our ambulances running and keeping them staffed. He said

they are working through this problem, but said in the interim, they are

putting out an RFP so that we can bring on some help from the private sector

when it is necessary.

NATIONAL INFANTRY MUSEUM:



Mayor Poydasheff said he would like to remind the Council of the

ground-breaking ceremony for the National Infantry Museum off of St. Lumpkin

Road. He said he would like to have all of the Council members to attend that

event.

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

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

CLERK OF COUNCIL'S AGENDA:



THE FOLLOWING ITEM WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR &

COUNCIL:





Memorandum from Georgia Municipal Association, Re: NLC Policy & Advocacy

Steering Committee Appointments.



*** *** ***



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

UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:





A Resolution (400-04) - Receiving and approving the report from the

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

denied during the month of March 2004.



A Resolution (401-04) - Receiving and approving the report from the

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

denied during the month of May 2004.



*** *** ***



THE FOLLOWING TEMPORARY STREET CLOSING APPLICATION WAS SUBMITTED AND

EXPLAINED BY CLERK OF COUNCIL WASHINGTON AND APPROVED BY THE COUNCIL:







Application of Sgt. Major Jan Stegeman to temporarily close 10th Street

from 1st Avenue to 2nd Avenue and 1st Avenue from 9th Street to 10th Street, on

(REVISED DATE) September 25, 2004 from 10:00 a.m. to 3:00 p.m. (REVISED TIME)

in connection with the ?POW/MIA Memorial Dedication?. Councilor Allen moved

approval. Seconded by Councilor Turner Pugh and carried unanimously by those

ten members of Council present for this meeting.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE

COUNCIL:



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

Tax Assessors, No. 35.

Taxicab Commission, September 1, 2004.

Uptown Fa?ade Board, August 16, 2004.



Mayor Pro Tem Rodgers made a motion that these minutes be received.

Seconded by Councilor Allen and carried unanimously by those ten members of

Council present for this meeting.



*** *** ***



BOARD APPOINTMENTS:



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. There

were no nominations.



*** *** ***



CIVIC CENTER ADVISORY BOARD:



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

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

resigned his seat on the Civic Center Advisory Board.



*** *** ***



COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



Clerk of Council Washington pointed out that we still need Councilor

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

District Four?s representative. There was no nomination made.



*** *** ***



KEEP COLUMBUS BEAUTIFUL COMMISSION:



Clerk of Council Washington pointed out that Mr. Chuck Granberry has

resigned from this board and we need someone to fill this unexpired seat. There

were no nominations.



*** *** ***



PLANNING ADVISORY COMMISSION:



Clerk of Council Washington pointed out that on last week Councilor Suber

nominated Mr. Michael Eddings for Ms. Charlene LeBleu?s alternate position. She

further pointed out that Councilor Davis is nominating Mrs. Chris Henson for

this same position. She said she has distributed the vote tabulation sheet and

she will take a roll call vote if the Council is ready to proceed.



Councilor Davis said he has provided a biographical sketch on Mrs. Chris

Henson and to also remind the Council that this position was formerly held by a

woman. He said there is only one woman on the board and her term of office will

be expiring next year in 2005. He said he thinks this is an important notice

that we need to be reminded of.



Councilor Suber said that Ms. Sharon Jamison is currently on the board.



After a roll call vote was taken, it was determined that Mrs. Chris Henson

was elected after Mayor Poydasheff broke a 5 -5 tie vote.



Voting for Mr. Eddings were Councilors Allen, Hunter, McDaniel, Turner

Pugh and Suber. Voting for Mrs. Henson was Councilors Anthony, Davis,

Henderson, Woodson and Mayor Pro Tem Rodgers.



Clerk of Council Washington then pointed out that Mrs., Henson now has six

votes and elected to this position; therefore, she would advise her of her

appointment.



*** *** ***



PUBLIC SAFETY ADVISORY COMMISSION:



Clerk of Council Washington said she has outlined the Public Safety

Advisory Commission seats and those individuals that have been nominated. Mayor

Pro Tem Rodgers then made a motion that these nominees be confirmed. Seconded

by Councilor Woodson.



Prior to those nominees being confirmed, Councilor Davis then nominated

Mr. Charles Kirks as his District 2 nominee.



Mayor Poydasheff then called the question on the motion to confirm these

nominees, which carried unanimously by those ten members of Council present for

this meeting.



Clerk of Council Washington said we still need nominees for Districts 5

and 9.



*** *** ***



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.



*** *** ***



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. There was no one who indicated that they wanted to be heard.



*** *** ***



RETIREMENT OF CHIEF OF POLICE DOZIER:



Mayor Poydasheff said he has received a letter from Chief of Police,

Willie Dozier advising of his intent to retire from the Columbus Police

Department, effective October 31st and then read the letter in its entirety.



He said he will submit this letter to Human Resources Director Tom Barron

and he will get together with the City Manager to see that Chief Dozier is

properly honored.



Mayor Poydasheff said he is going to come back to the Council within the

next few weeks to give you his nominee for the Chief of Police.



*** *** ***



THANKS FROM THE LEWIS FAMILY:



Councilor Hunter said on behalf of his wife, Saundra, he would like to

publicly thank the Mayor and Council for their support that was extended to her

family on the passing of her father on last week.



*** *** ***



MERITORIOUS RESOLUTIONS:



Councilor Woodson asked that a resolution be prepared expressing the

Council?s appreciation to Chief of Police Willie Dozier who will be retiring on

October 31st.



Mayor Poydasheff said he would also like to have a resolution prepared

congratulating the Major from the Marksmanship unit at Fort Benning, who won

the Silver Medal at the Olympics. Also, prepare a resolution for the Drill

Sergeant, who was selected as Drill Sergeant of the Year for the United States

Army.



Councilor McDaniel also asked that resolutions be prepared commending

Georgia Power Company, the Public Safety Departments, the Public Services

Departments and Citizens Service Center for their assistance during the recent

storms.



*** *** ***



EXECUTIVE SESSION:



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

into an executive session to discuss a personnel issue. Councilor Allen so

moved. Seconded by Councilor Woodson and carried unanimously by those ten

members of Council present for this meeting.



*** *** ***



At 11:30 a.m., the Council adjourned its regular session to allow the

Council to go into an executive session.



At 11:56 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 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

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

this meeting, with the time being 11:58 a.m.





*** *** ***



Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia



















































































































































































































At 11:30 a.m., the Council adjourned its regular session to allow the

Council to go into an executive session.



At 11:56 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 real estate issue, 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

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

this meeting, with the time being 11:58 a.m.









Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia