Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

APRIL12, 2005





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

order at 9:00 A.M., Tuesday, April 12, 2005, on the Plaza Level of the

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

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



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PRESENT: Present other than Mayor Poydasheff and Mayor Pro Tem 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 Isaiah Hugley, City Attorney Clifton Fay, Clerk of

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

present.



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ABSENT: No one was absent.



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INVOCATION: Offered by Ms. Haydee Dukes, Pastor of Living Outreach Ministries.

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

appearance of the Americus Sumter County High School J.R.O.T.C.

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MINUTES: Minutes of the April 5, 2005 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 Woodson.

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CITY ATTORNEY?S AGENDA:



WITH COACH EDWARD WILCOX AND MEMBERS OF THE KENDRICK HIGH SCHOOL LADY

CHEROKEES BASKETBALL TEAM STANDING AT THE COUNCIL TABLE, THE FOLLOWING

RESOLUTION WAS SUBMITTED AND READ IN ITS ENTIRETY BY COUNCILOR TURNER PUGH AND

ADOPTED BY THE COUNCIL:



A Resolution (216-05) - Commending and congratulating the Kendrick High

School Lady Cherokees Basketball Team upon recently finished second in the

Class AAA State Championship. Councilor Turner Pugh moved the adoption of the

resolution. Seconded by Councilor Henderson and carried unanimously by those

ten members of Council present, standing to cast their affirmative vote.

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RESOLUTIONS & PROCLAMATIONS:



Mayor Poydasheff said there are one or two citizens that expressed concern

that we give out too many resolutions and proclamations. He said he want the

City of Columbus to know that he doesn?t agree with those people. He said the

fact is that we have a great city and it is made great by the people we honor.

He said that?s why we give proclamations and resolutions. He said this city

would be nothing if it weren?t for the citizens and the great work that they

do. He said they bring honor to the city whenever they win, study or do such a

great job.



He said this brings him to the matter of some letters that was published

in the newspaper on Saturday, as well as some emails that he received at it

relates to the ?Snakes? and why didn?t we have a parade for them for winning

the hockey championship.



Mayor Poydasheff said this Council moved with great speed that he had

never seen before when they learned that the Snakes won their championship. He

said within three days, a resolution was done for them. He said they came

before this Council and the cup that they won was on viewing, and the reason we

didn?t have a parade is because they didn?t want one at this time.



He said he talked with Mr. Bechard and the leadership and they said that

they would come back and ask for a parade at a later time. He said over 90% of

the players come from Canada and they wanted to go home to visit with their

families. He said he is proud of the fact that we have great support for the

Cottonmouths; and he would like to see equal support for the Riverdragons and

the Catfish.

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PROCLAMATIONS:



?AUTISM AWARENESS MONTH?:



With Ms. Elsie Lucas, Mr. & Mrs. Ed Jenkins, Ms. Debbie Anderson, Ms. Sudan

Cherry and Ms. Julie Garcia standing at the Council table, Councilor Allen read

the proclamation of Mayor Poydasheff, proclaiming the month of April 2005, as

?Autism Awareness Month?, in Columbus, Georgia



Mayor Poydasheff said there is some legislation being considered by the

Federal Government concerning autism and chemicals, as well as the type of

medications that have been used previously through injections and preventing

certain diseases that may be a cause for autism. He said it is good to know

that our Congress and Senators are thinking about that and will perhaps, act

with the pharmaceutical industry.

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WITH MS. GLORIA WESTON-SMART AND STUDENTS FROM AUBURN UNIVERSITY STANDING

AT THE COUNCIL TABLE, THE FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY

COUNICLOR ANTHONY AND ADOPTED BY THE

COUNCIL:





A Resolution (217-05) - Commending Auburn University graduate students for

developing landscaping plans for Porterdale, East Porterdale and Riverdale

Cemeteries.



Prior to the resolution being adopted, Brandon Bias and David Dobson,

students with Auburn University College of Architecture, Design, and

Construction 1st year MLA Studio came forward and gave a 15-minute power point

presentation to highlight several aspects of the project that was done by the

students, which includes the following:



GOALS & OBJECTIVES:



? Preserve history, tranquility, and sanctity

? Promote historical and social involvement

? Celebrate the rich history and culture

? Enhance the community involvement

? Preserve the historical and cultural profile

? Nurture existing conditions

? Enhance existing buildings

? Provide program to promote community

? Formulate plan to sustain and expand

? Develop a plan to be implemented over time

? Create a plan that is economically feasible

? Produce a plan that is sustainable and enduring.



PROGRAM ELEMENTS:



Building Elements

?Office

?Maintenance Shed

?Parking

?Handicap Access







Memorial Elements

?Memorials/statues

?Memory Garden

?Mausoleum

?Markers





Landscape Elements

?Greenspace

?Trails and Linkages

?Plantings

?Maintenance Plan



Feature Elements

?Relate cemeteries to surrounding neighborhoods

?Shield industrial elements

?Connect the three cemeteries as one component

?Connect other historical venues





They went into more details in highlighting the design proposals,

master plans for East Porterdale, Porterdale and Riverdale Cemetery; which

includes Victory Drive and 10th Avenue intersection, East Porterdale/Porterdale

entrances, meditation garden, memorial garden and the covered area for

graveside services.



After the presentation was completed, Mayor Poydasheff asked that Ms.

Weston-Smart see to it that the plans submitted by the students are presented

to the City Manager, so we can begin to study it to see what we can do to

implement the plan.



Councilor Anthony then made some comments regarding the plan, as well as

thanked the students for doing this project, after which he then moved the

adoption of the resolution. Seconded by Councilor Hunter and carried

unanimously by those ten members of Council present for this meeting, standing

to cast their affirmative vote.



Mr. Dobson then introduced the other students who were also present with

them.

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



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AMERICAN LEAGUE POST 267:



With Mr. Bob Jiles and several members of the American League Post 267

standing at the Council table, Councilor Hunter read the proclamation of Mayor

Poydasheff, proclaiming high honor and recognition to the Sam G. Cooke,

American League Post 267 honoring their works, accomplishments and

contributions to our community.



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AMERCUS SUMTER COUNTY HIGH SCHOOL J.R.O.T.C:



With the Americus Sumter County High School J.R.O.T.C. now present, who

was scheduled to recite the Pledge of Allegiance this morning, Mayor Poydasheff

then called them forward to lead us again in the Pledge of Allegiance.



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NORTHSIDE HIGH SCHOOL:



Councilor Davis said he would like to congratulate the Northside High

School Rifle team for winning the State Championship. He then asked the City

Attorney to prepare a resolution from the entire Council to honor this team.

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ZONING PUBLIC HEARINGS:



THE FOLLOWING THREE ZONING ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS

READ BY CITY ATTORNEY FAY AND A PUBLIC HEARING WAS HELD AS

ADVERTISED:





An Ordinance - Rezoning property located at 6726 Buena Vista Road is

proposed for rezoning from C-3 (General Commercial) District to R-1A (Low

Density Residential) District. (16-A-05-KLB Properties)



PROPONENTS & OPPONENTS:



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

was no one present to oppose this proposed rezoning ordinance.



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An Ordinance - Rezoning properties located at 1161 Curtis Street; 2741 and

2811 12th Avenue; and 1151, 1152, and 1153 28th Street; and 2700 12th Avenue is

proposed for rezoning from C-3 (General Commercial) and M-1 (Light

Manufacturing Districts to A-O (Apartment-Office) District. (17-CA-05-Hammond

Development, Inc.)



PROPONENTS & OPPONENTS:



Mr. Gary Hammond, the petitioner was present, but he did not make a

presentation on either of these petitions, as there was no one present to

oppose his proposed rezoning ordinance.



An Ordinance - Rezoning properties located at 1161 Curtis Street; 2741 and

2811 12th Avenue; and 1151, 1152, and 1153 28th Street; and 2700 12th Avenue is

proposed for rezoning from C-3 (General Commercial) and M-1 (Light

Manufacturing) Districts to MROD (Mill Restoration Overlay District) District.

(18-A-05-Hammond Development, Inc.)



Councilor McDaniel said he is hopeful that the Council will see fit to

approve the rezoning of this property, because this is a piece of property that

has been an eyesore for a long time. He said this is in his district and they

would like to improve this area.



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THE FOLLOWING TWO ORDINANCES WERE ALSO SUBMITTED AND THEIR CAPTIONS READ

BY CITY ATTORNEY FAY AND INTRODUCED ON FIRST READING:







An Ordinance - Providing for the demolition of twenty-two structures

located at 4156 Willis Street (Lassie Alexander, owner); 4809 Ingram Avenue

(Gavin LaRue & Janice T. Anderson, owners); 1336 23rd Street, 2213 & 2217 14th

Avenue (Benchmarck, Standard, LLC, owner); 317 26th Street (David Shaun

Benefiled, owner); 1510 25th Street (Charlie & Annie Ruth Blount, owners); 5115

School Alley (Minnie Carter, owner); 1708 Lincoln Street (Cleophus Childress,

owner); 407A & 407B Old Brown Avenue (Kenneth M. Childs, owner); 3618 Youmans

Street (Consolidated Loan Co., owner); 2427-31 Schaul Street (Matthew England,

owner); 3150 Plateau Dr, Lt 708 (Corine Holton, owner); 3101 7th Avenue (Terry

R. McPherson, owner); 4109 Young Avenue (Eunice Milsap, owner); 2300 Wagner

Drive (Joseph Powell, II, owner); 2944 Colorado Street (Narvely Smith and

Barbara Baley, owners); 911 23rd Street (Paul R. Steinwachs, owner); 3025 6th

Avenue (Ida B & Robert Lee Williams, owners); 4314 16th Avenue (Lewis L.

Williams, owner); 3514 4th Avenue (Andrew & Florence E. Willis, owners); and

for demolition services for the Inspections and Code Division in accordance

with the attached Tabulation of Bid sheet.



Mr. Matthew England, of 5462 Roaring Branch Road, owner of the properties

located at 1336 23rd Street, 2213 & 2217 14th Avenue said the property that is

in question has been in decline for many decades. He said he purchased the

property less than two years ago, with the clear intent of creating value in

the property. He said one year and five days from the date of ownership, the

previous City Manager issued a condemnation order to be executed by the Code &

Enforcement, which they did. He said he met with the Code & Enforcement

Department to understand what the process was and what exactly happened and

they instructed him that it was out of their hands and that he needed to speak

with the City Manager, which he did.



Mr. England said he is not here to debate, argue or defend himself for any

deficiencies found in the buildings, because he knew of them when he purchased

the buildings. He said he had a clear plan, which he planned to implement,

after investing $60,000.



He said dispute his personal investment in the property, he made the

conscience decision not to use his resources in a litigious fashion, but to

seek a win, win situation with the City and the community. He said as a

consequence of that he has executed due diligence, honesty and character in

dealing with the City Manager, Code and Enforcement, and his responsibility of

the property therein.



Mr. England said he has dealt with Code Enforcement extensively and they

will provide you with photographs of the property and other conditions that

they will possibly discuss with you; to indicate there are a few tenants who

still reside there.



He said from the very outset, he did everything possible to establish and

understand what the parameters, expectations and rules of the City were of him;

and he stayed exactly within those parameters. He said after speaking with the

previous City Manager, who instructed him subsequently that the Code &

Enforcement Division would be happy to deal with me because they are not in the

business of pushing down private citizens property. He said he was told to

implement a plan and the Code Enforcement would be glad to work with him and

they did work with him.



Mr. England said as of October 12, 2004; work had probably been about

30-45 days in progress and while upgrading the wiring system to one of the

buildings to current National Electrical Code, he was visited by an inspector,

who ordered him to cease work because of being unauthorized to do such repairs.

He said this precipitated an immediate meeting with the Deputy Code

Enforcement, Mr. Danny Cargill, to establish the fact that as the owners, we

did have the right to rewire the property. He said in this meeting, his

partner, who he brought in for additional capital investment in order to

increase the pace and meet the expectations of the Code Enforcement Division

and City Manager?s office, they went over again an agreement that was discussed

on public record in the first demolition hearing in which the Deputy City

Manager, Ms. Wiggins and Mr. Cargill and himself were present.



He said his partner, Mr. Bill Fielder, a resident of Forsyth County, who

is an investor in this property to assist them in bringing this matter around,

took notes and provided him with an affidavit; which will give you an insight

into why he is saying this is a manner of unfairness and why he is here today.



Mr. England then read an affidavit submitted by Mr. Fielder regarding the

meeting and what was said in that meeting which occurred on October 12, 2004 as

it relates to these four properties. He said it states that this meeting was to

discuss the progress of the properties and said Mr. Cargill agreed with Mr.

England that Mr. England could continue his effort to make substantial

improvements with one building at a time. He said Mr. Cargill reaffirmed that

this approach had been discussed in an earlier meeting with Mr. England where

it was related that this approach was wise, as well as had been encouraged by

the City Manager?s office and Code Enforcement to take this approach. He said

this was during the initial on public record demolition hearing that he

participated in, in the City Manager?s office.



He said Mr. Cargill also confirmed that the understanding on October 12,

2004 meeting were these three things.



1) Work in process could continue to be made on the building being improved;

which is the 1332 building.



2) Do them sequential, but work had to be a seamless transition between two

buildings.



3) Work should then be performed subsequently on the two two-story buildings.



In concluding the reading of the affidavit, Mr. England said Mr. Fielder stated

that Mr. Cargill agreed that as long as this seamless transition occurred

between each building that he could have up to one year to complete the

renovations of the buildings.



Mr. England said he is not here today to argue the condition of the

buildings; he accepts that fact and he has taken that as his responsibility to

conduct renovations.



Councilor Suber then asked that we hear from Mr. Bill Duck,

who is Mr. Cargill?s supervisor.



Mr. Duck pointed out that Mr. England did meet with Mr. Cargill to discuss

the issues. He said they have talked with Mr. Cargill with Mr. England since

that time and he has stated he did not give Mr. England any additional time. He

said what Mr. Cargill did tell them, is that if they would make substantial

progress on all of the buildings, and be working on them; then, we would work

with them just as we do with anyone else to allow them to continue to complete

them.



He said he thinks the issue is, they feel that by working on one of the

buildings and getting it substantially completed and moving to the other

building, they were accomplishing that; but that is not what they were told by

Mr. Cargill. He said he did not give them additional time to complete the

structures.



Mr. Rebecca Wiggins, also of the Inspections & Code Enforcement Division

also responded to those comments made by Mr. England.



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

Mayor Poydasheff and members of the Council expressing their views as it

relates to this issue, after which Ms. Wiggins and Mr. England responded to

further questions from members of the Council.



Mr. England said when he tell you that he sat in front of another

gentleman and another women, he is not fabricating the true. He said he has

scarified everything with the intent of being honorable and not coming to the

City Attorney and being litigious, when he very well could have been.



He said his intent here today is a matter of character, sincerity, not

trying to disparage or mislead anyone. He said he is not asking for one more

day than what was originally given to him.



Mr. England said he is not asking for any additional time, he said the

parameters and rules that were given to him in both a public recorded hearing,

as well as in the final meeting on October 12, 2004 just give him that time. He

said the rules were changed and he didn?t know it. He said we told them in our

most recent meeting with the City Manager that had they known, they would have

modified their plans.

He said they thought that they were in line in sequence, in sequential

renovations.



In response to Councilor Turner Pugh as it relates to rules that was given

to him in a recorded hearing, Mr. England said that was in the original

demolition hearing that was taped by the Deputy City Manager.



City Manager Hugley said the demolition hearings are held in the City

Manager?s office conference room; however, he is not sure if minutes were taken

of that hearing.



Ms. Wiggins said there are minutes from those meetings and said yes, they

are recorded.



City Manager Hugley said they would go back and pull the recordings to try

to determine what was said in those meetings. He said he had the opportunity to

meet with Mr. England in recent weeks and said those properties are in a

deplorable condition.



Councilor Turner Pugh said she would like to hear the recording, she said

she doesn?t want a written interpretation of what the recording says.



Mayor Poydasheff said if there is indeed a recording and the City made

some commitments, then we will have to relook this issue. He said he would

recommend that we continue this matter on first reading to allow the Council to

hear exactly what was said.



There was no motion to continue this matter on first reading.



Councilor Hunter said he thinks it would be wise for us to clearly

annunciate our policy today with regards to the demolition hearings, in that

all 45-day hearings shall be recorded and those records shall be kept and

maintained for a period of at least beyond the appeal timeframe. He said we

also need to have the staff to get together with the City Attorney with regards

to the protocol for disposing of those tapes.



Mr. England then responded to further questions of the Council



Mr. Fielder, who was present with Mr. England, said their intent is to

provide nice, safe affordable housing to improve the neighborhood.



After further discussion, and in conclusion of this particular issue,

Mayor Pro Tem Rodgers said any other discussion today is premature until we

hear what those tapes have to say. He said if we hear those tapes and there is

room to believe that you were given some expanded parameters, in his judgment,

we are going to have to honor those.

Mayor Poydasheff said as much as he respects and honors the service of Mr.

England, if the tapes do not support his assertion and should there be a tie or

any movement to extend it, he would vote against it.



Councilor Hunter said he would ask that the staff get together with the

City Attorney with regards to the protocol for disposing of those tapes. He

said the staff would need to keep these tapes beyond the Council meetings;

because these individuals have a right to appeal in court and the tapes would

become an issue. He said when you set up your protocol, check with the City

Attorney as to when those tapes should be destroyed.



City Attorney Fay then pointed out that these properties would remain in

the ordinance that?s on first reading today.



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Mr. David Benefield, 1445 22nd Street, owner of property located at

317 26th Street said he purchased this property in July of last year and

immediately began to restore it. He said he has been working on this property

for about four months now. He said he has drawn up plans for an addition to the

house and they have reworked the house.



He went into some details to explain to the Council what has been done

thus to bring this property up to Code. He said he has a new permit and what he

is asking for is an additional six months to complete these repairs.



Ms. Wiggins then gave a chronology of the property and how we got to this

point today, after which Mr. Benefield responded to several questions of

members of the Council.



Mr. Benefield said if he could say the repairs to this property could be

completed in a 3 - 4 month time schedule and make it happen; he would be

appreciative of any timeline that you could set forth for him to get the

repairs done.



There was no action of the Council in this regard.



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Mr. Kenneth Childs, 652 Goodson Drive, owner of the property located at

407A & 408B Brown Avenue said he has talked with Turman Realty to take this

property over and work with Mr. Cauldwell to get this property up to standard.

He said Mr. Turman tried to contact someone within the City on yesterday;

however, no one contacted him back. He said Mr. Cauldwell hasn?t mind up his

mind as to whether or not he wants to purchase this property; but he is

interested in the space and has been doing this work. He said he is limited in

the time he can work on it. He said he has been working from the inside of the

building and a lot of it has been pushed out; so, it looks bad right now. He

said he wants to get back with Mr. Turman to see what he wants to do. He asked

for some additional tie to allow him to discuss this matter with Mr. Turman.



There was no action taken on this property.



City Attorney Fay said these properties would remain in the ordinance and

will be slated for demolition.



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Mr. Joseph Powell, II owner of the property located at 2300 Wagner Drive

said there was a fire at this property, which had extensive damage to it. He

said the tenant left and they then took some time to devise a plan of action to

go ahead and renovate and repair this property.



He said he was being assisted with the renovation of property with

gentleman from Auburn. However, the gentleman encountered some family

situations; which his wife delivered a premature baby; therefore he had to stop

and be with his family. He said his child died; therefore, causing a delay of

work on this property for about six months.



Mr. Powell said the gentleman is back at work on the property now and

there have made some substantial progress made on the house. He said it looks

in fairly poor shape on the exterior, but said we should be able to get this

project completed as soon as he gets the roof on. He said the electrical permit

will be pulled and they will be able to get the heating and air conditioning in

with the renovations being completed within the next 90 days. He said he would

ask for an extension for that period of time.



There was no action in this regard.



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An Ordinance - Providing for the demolition of nineteen structures located

at 3751 Cusseta Road Lots 6, 11, 12, 13, 18, 23, 29, 32, 43, 54, 55, 123, 132,

144, 149, 172, 173, 175, 189 (Bobby G. Penny, owner), and for demolition

services for the Inspections and Code Division in accordance with the attached

Tabulation of Bid sheet.



City Attorney Fay said both of these ordinances would be voted on next

week.



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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND INTRODUCED ON FIRST READING:





An Ordinance - Amending and increasing the FY05 General Fund Budget by

$16,068 from $123,313,467 to $123,329,525 for juvenile supervisory fees.





Councilor Turner Pugh said these funds are assessed against the defendant

and then they are put into a restricted fund account. She said there are

limitations as to what those fees can be used for by Juvenile Court.



City Attorney Fay said that is correct. He said they could only be used

for certain purposes in the discretion of the Juvenile Court Judge.

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PUBLIC AGENDA:



MS. CATHY WILLIAMS, RE: EAST HIGHLAND SLUM PROPERTY AND A REQUEST FOR AN

EXTENSION TO MEET CODE REQUIREMENTS:



Ms. Williams who present in the audience, but did not address the issue

with the Council, as she had requested earlier to do.



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MR. EDWARD DUBOSE, RE: THE KENNETH WALKER CASE:



Mr. Dubose said he would like to first thank Chief Boren for demonstrating

how situations should take place and the steps he took early on in the

situation with the Police Department. He said he is not saying the outcome will

be whatever it will be, but he knew how to calm the City. He said he is

appreciative of how he communicated with the family, the community; as well as

the GBI and the Office of Professional Standards.



He said he would like to read a letter to let the Council know where he

feels Columbus is on the Kenneth Walker case. He said this is a letter that was

sent to him in December. ?He said the letter reads, you won?t like this letter,

but I have to let you know that the Walker nigger should have been with his

family and not with those other butt heads. Why don?t you monkeys ever learn?

If you were smart, you would go back to the Jungle where you belong. I put two

of you away over the years and look forward to getting another one of you

bonnie soon. Signed proud to be White, Joe Richards.?



Mr. Dubose said that is the mood set that the City is in right now.



Mayor Poydasheff asked Mr. Dubose to give that letter to him. He said

that letter, even if it is genuine; under no circumstances represents this

City. He said he would like to have that letter, because he is going to have

it investigated.



Mr. Dubose said it may not represent the City, but it certainly does

represent the quiet conversation of some of the extreme people at the coffee

table and said we have to be real about certain situations.



He said he came forward because he wants to say to the City that as the

coalition moves forward; however, he is no means speaking for a coalition, but

he is speaking as an individual. He said there is a dark cloud over Columbus

and we may not admit it. He said every crowd of people that he goes into there

is discussion on both sides. He said there is a split, even in the black

community, as well as the white community. He said everyone comes to the same

conclusion that the Kenneth Walker case, 16 months later is still the center

topic.



Mr. Dubose spoke for some nine minutes or more highlighting several things

that has taken place in the last 16 months since Mr. Walker?s death; also

expressing his concern that he doesn?t feel like all is being done to move this

matter forward. He also expressed concerns in that there have been a lot of

promises made, but no deliveries made.



He also made comments about the Sheriff?s Department, the Riverfest event

activities and the conditions of the Ma Rainey House, after which Mayor

Poydasheff and members of the Council responded to those comments made by Mr.

Dubose.



City Manager Hugley also responded to those comments made by Mr. Dubose as

it relates to the Historic Columbus Foundation and the condition of the Ma

Rainey House. He said they have acquired a grant through the efforts of

Congressman Sanford Bishop and the Federal Government in the amount of

$149,000.



He also said locally through the Mayor & Council and the Special Local Option

Sales tax and the Liberty District, $151,000 match to receive that grant;

therefore, we have $300,000 to rehab and renovate the Ma Rainey House.



Mayor Poydasheff said the Council several years ago approved $90,000 for

the roof to stabilize the house.



Mayor Poydasheff said he would like for the record to reflect that City

Manager Hugley is also a fraternity brother of Mr. Walker.



City Manager Hugley then responded to further questions of Councilor

Woodson, as it relates to the Ma Rainey House.



Councilor Turner Pugh said that the Justice Department has also been

contacted in the Kenneth Walker case and they have been contacted by several

different agencies. She said the people have not forgotten about it, and said

we want to have closure as much as Mr. Dubose, but we must wait.



After more than twenty minutes of discussion on this issue, this matter

was concluded after members of the Council continued to express their views in

responding to those concerns expressed by

Mr. Dubose.



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MR. LORENZA WILDER, RE: FUNERAL MATTERS AND WILDER DRIVE:



Mr. Wilder said he would like to thank the Council members for what they

are doing. He said he realizes that you can?t do everything at once; therefore,

it takes years for the City to be as it is. He said he has made Columbus his

home and he should be concerned about it, the government and what they are

doing.



He said he is here to talk to you about a dear neighbor of his, who passed

away a few days ago. He said he came to the Mayor and requested that he assist

in trying to work out something in order to allow her sons to come to her

funeral. He said he has known Ms. Buckner for a long time, since he moved to

Columbus. He said she cared for her children and unfortunate we can?t control

our children.



Mr. Wilder said he requested from the Mayor, some assistance in getting

one of Ms. Buckner?s son that was in prison in South Georgia be allowed to come

to his mother?s funeral. He said there was also a son in Boot Camp in Harris

County. He said Harris County made the arrangements and brought one of the sons

from Boot Camp. He said somewhere along the way, there was a cross up with the

son from South Georgia coming. He said they had made the arrangements for them

to release the son and the only thing that we needed was an officer to go and

pick him up. He said they had agreed to pay the officer?s salary, as well as

the gas for the vehicle.



He went into some details and expressing his concern because they thought

everything had been arranged. He said he thinks that the Mayor as Safety

Director who had approved this, it should have gone through.



Mayor Poydasheff said in the internal operations of the Police, Fire &

EMS, he doesn?t interfere if their rules and regulations are reasonable and are

consistent with common sense.



He said there is a policy that we do not send Sheriff Deputies to pick up

a prisoner and said the Police Department has also adopted that same policy. He

said unlike Boot Camp, the other son was in prison. He said to pick him up,

could cause some serious liability to the city and the police officer.



Councilor Turner Pugh told Mr. Wilder if he has another situation in this

regard to please contact her at home, because her husband, who works at the

Urban League, had another inmate brought to a funeral some time last month.



Mr. Wilder also brought to the attention of the Council, his concerns as

to the traffic and the speeding on Wilder Drive, Steam Mill Road and Higgs

Drive. He said we are going to have to do something about those cars speeding

in this area with children having to walk in the street to school. He said he

has called the Police Department on a number of occasions. He said on last week

a child almost got hit by a car.



Councilor Turner Pugh asked Deputy City Manager Bishop to look at those

streets for possible speed controls. She also asked that they also look at Dirk

Way as well.

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

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

CITY MANAGER?S AGENDA:



THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY MANAGER

HUGLEY AND ADOPTED BY THE COUNCIL:



A Resolution (218-05) - Declaring 692 +/- acres of City own property

located near the west end on the north side of River Bend Road in Chattahoochee

County, Georgia as Surplus and authorizing the sale of said property. This

property is the remainder of the property acquired for the NFL land swap with

Fort Benning. Councilor Suber moved the adoption of the resolution. Seconded by

Councilor Allen and carried by a vote of 9 ? 1, with Councilor Turner Pugh

voting no and all other nine members of Council voting yes.



A Resolution (219-05) - Authorizing the acceptance of a deed to Wellington

Court, Wellington Trace, Carrington Trail, that portion of Carrington Court and

portion of Wellington Way, located in Phase One, Wellington Pointe, on behalf

of Columbus, Georgia. Councilor McDaniel moved the adoption of the resolution.

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

Council present for this meeting.



*** *** ***



THE FOLLOWING FOUR PURCHASING RESOLUTIONS, WITH DETAILED INFORMATION

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

EXPLAINED BY CITY MANAGER HUGLEY AND ADOPTED BY THE COUNCIL UPON THE ADOPTION

OF A SINGLE 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 (220-05) - Approving a renewal agreement with Georgia

Municipal Association in the amount of $17,500.00 for Telecommunication

Management Services. The renewal agreement is for one year, effective May 1,

2005 ? April 30, 2006. In the past years the telecommunications industry has

undergone major changes that have important repercussions on local governments,

particularly the manner in which public right-of-ways can be utilized and

managed and the entrance of new vendors providing services. The City has

realized that because of new technologies, deregulation and the

Telecommunications Act of 1996, specialized expertise was required if it was to

retain control over zoning, management of public right-of-ways and franchise

fee revenue, and entered into an agreement with the Georgia Municipal

Association to provide telecommunications management services.



A Resolution (221-05) - Authorizing the purchase of a cargo van, with trailer towing package, via

Georgia State Contract, SWC S-000483, from Alan Vigil Ford Fleet & Government

Sales (Morrow, GA), in the amount of $14,919.00. The van is a replacement and

will be used by the Logistics Division of the Fire/EMS Department to transport

supplies and materials to fifteen fire stations on a daily basis. The van will

also transport supplies, materials, food and refreshments to fire fighting

crews who are tied up on-scene for an extended period of time. Purchase via

State contract is recommended because the current van is no longer operational

and needs to be replaced immediately. Therefore, time does not allow for the

bid process. Additionally, the cut-off date to purchase via this state

contract is April 14, 2005.



A Resolution (222-05) - Authorizing the approval of the annual contract

to purchase Playground Mulch from Bliss Products and Services, Inc., for the

estimated contract value of $42,451.00. The playground mulch will be required

on an ?as needed basis? and will be used for protective surfacing under and

around playground equipment. The term of the contract shall be for three years,

with the option to renew for two (2) additional twelve-month periods. Contract

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

Contractor.



A Resolution (223-05) - Authorizing the approval of the annual contract to

purchase pool chemicals on an ?as needed basis? from Industrial Chemicals,

Inc., and Bi-State Paper & Janitorial Supply, for the estimated annual contract

value of $56,450.00. The Parks and Recreation Department will utilize the pool

chemicals for water treatment in the City?s swimming pools. The contract term

shall be for three years, with the option to renew for two additional

twelve-month periods, contingent upon the mutual agreement of the City and the

Contractor.



*** *** ***

MULCH:



Councilor Henderson asked if this is the type of mulch that you get from

just grinding up trees, because we have talked about exploring the possibility

of us trying to do our own mulching at the Granite Bluff Landfill and possibly

selling it. He said even if we don?t sell it, but had the capability to mulch

it, we could possibly save some money.



City Manager Hugley said he thinks it is just straw and said it is on an

as needed basis, but said he could look into it.



*** *** ***



GEORGIA POWER:



Councilor Davis said he received a letter from Georgia Power Company and

said they are offering, what seems like some excellent services and then asked

City Manager Hugley, if he had received that letter. He then asked that the

City Manager take a look at it and provide his thoughts on what they are

offering.



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

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

CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR AND COUNCIL:



(1) ACCG?s Legislative Update Newsletter, Volume 15, Number 10.



(2) Memo from Clerk of Council Washington, Re: Civic Center

Advisory Board.



(3) Memo from Clerk of Council Washington, Re: Commission on

International Relations and Cultural Liaison Encounters

(C.I.R.C.L.E.)



*** *** ***



C.I.R.C.L.E.:



Mayor Poydasheff said he has a nominee for someone to succeed Mr. Ke Ke

Seda on C.I.R.C.L.E. and said he would like to nominate

Ms. Teresa D. Perez. Councilor Woodson then made a motion to confirm Ms.

Perez. Seconded by Councilor Henderson 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:



Planning Advisory Board, January 5, 2005.

Planning Advisory Board, January 19, 2005.

Planning Advisory Board, February 2, 2005.

Tax Assessors, No. 13-05.



Councilor Woodson made a motion that these minutes be received. Seconded

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

present for this meeting.



*** *** ***



THE FOLLOWING TWO NEW ZONING PETITIONS, RECOMMENDED FOR CONDITIONAL

APPROVAL BY BOTH THE PLANNING ADVISORY COMMISISON AND THE PLANNING DIVISION

WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND AN ORDINANCE WAS CALLED FOR

BY COUNCILOR MCDANIEL:





Petition submitted by Austin Group to rezone 0.30 acre of property located

at 5019 Armour Road from an R-2 District to an A-O District.

(19-CA-05-Austin Group)



Petition submitted by Zephaniah Baker to rezone 4.4 acres of property

located at 3898 Mulberry Drive from an R-1A District to an

R-3 District. (20-CA-05-Baker)



Councilor McDaniel called for the ordinance and public hearing.



*** *** ***



BUILDING AUTHORITY OF COLUMBUS:



Clerk of Council Washington pointed out that the terms of office of Mr.

Donald Bowman, Ms. Earnestine Thomas and Mr. Allen Denham on the Building

Authority expired at the end of last month. She said that Mr. Bowman is

eligible to succeed himself, but Ms. Thomas and Mr. Denham cannot.



Councilor Henderson then nominated Mr. Bowman for another term of office.



Clerk of Council Washington pointed out to the Mayor that Mr. Allen

Denham?s position must be filled by him. Councilor Allen asked Clerk of

Council Washington to provide the dates that Mr. Denham and Ms. Thomas started

serving on this board. She said she would provide that information to the

Council on next week.



*** *** ***



SENATE BILL 90:



Councilor Davis asked that the Council be provided with an update on Senate

Bill 90, the Georgia Smokefree Air Act.



*** *** ***



BAD CHECK RECOVERY SERVICES:



City Manager Hugley asked for a motion to approve the resolution on the

Bad Check Recovery Services that was delayed by the Council on last week at his

request and discussed this morning at a Council Briefing. Councilor McDaniel

so moved. Seconded by Councilor Suber and carried unanimously by those ten

members of Council present for this meeting.





THE ABOVE ACTION ADOPTED THE FOLLOWING RESOLUTION:



A Resolution (224-05) - Authorizing the approval of a contract with

BounceBack, Inc., to provide Bad Check Recovery Services. The contractor,

through the Solicitor General?s Office, of State Court, will be the

administrator of the ?Muscogee County Check Enforcement Program? to provide bad

check diversion and restitution programs. The Program will be conducted in

compliance with all applicable state and federal laws.

*** *** ***



JUVENILE COURT SUPERVISORY FEES:



Referring back to the ordinance on the City Attorney?s Agenda, as it

relates to the Juvenile Court Supervisory fees, Councilor Hunter said he

believes there is a typographical error in the third paragraph where it talks

about Georgia Code 15-17-11. He said it should be Georgia Code 15-11-71 and

then asked the City Attorney to check that and make that correction.



*** *** ***



BAD CHECK RECOVERY SERVICES:



Councilor Allen said he noticed in the resolution on the Bad Check

Recovery Services, it states that the contractor will provide a monthly report

to the Solicitor General?s office, and said since we are going to be a part of

that process as far as the revenue generated, he would ask that the Council be

forwarded a copy of that report as well.



*** *** ***



Mayor Poydasheff asked if there was anyone present in the audience who had

an issue to bring before the Council, they could be heard at this time.



Mr. Charles Fox came forward and said he has had some problems that he has

talked with the Police Department about; which is security. He said it is

causing some great cramps in his legs, which is obviously some kind of security

device and electronic devices. He said he has called the Police Department

about this matter on several occasions. He said he thinks it is part of the

State Security System that has to do with Georgia Power Company.



Mayor Poydasheff asked Mr. Fox to sit down after the Council meeting and

talk with the City Manager and then he will get together with him at a later

time.



*** *** ***



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

Suber then made a motion for adjournment. Seconded by Councilor Woodson and

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

with the time being 11:43 A. M.



Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia