Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

NOVEMBER 5, 2002



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

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

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

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



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PRESENT: Present other than Mayor Peters were Councilors R. Gary Allen, Glenn

Davis, Berry H. Henderson, Julius H. Hunter, Jr., Charles E. McDaniel, Jr.,

Evelyn Turner Pugh, Richard Smith and Nathan Suber. City Manager Carmen

Cavezza, City Attorney Clifton Fay, Clerk of Council Tiny B. Washington and

Deputy Clerk of Council Sandra Davis (arrived at 5:35 p.m.) were also present.



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ABSENT: Mayor Pro Tem Rodgers and Councilor Evelyn Woodson were absent.



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INVOCATION: Offered by Reverend John Mabry ? Pastor of Mt. Tabor Baptist

Church.

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PLEDGE OF ALLEGIANCE: Led by Mayor Peters.

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UNVEILING OF THE WYNDHAM HOTEL:



Mayor Peters commended City Manager Cavezza for all of the hard work on

the project that was unveiled yesterday with the new Wyndham Hotel under the

Pezold Corporation along with the expansion of the Trade Center. He maintained

that this is going to be a tremendous addition to the uptown area.



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THE FOLLOWING RESOLUTION WAS CALLED UP AS THE NEXT ORDER OF BUSINESS AS

SUBMITTED BY CITY ATTORNEY FAYAND READ IN ITS ENTIRETY BY COUNCILOR HUNTER AND

ADOPTED BY THE COUNCIL:



A Resolution (602-02) - Commending the Wardolls Dance Team upon their 2nd

place finish in the National AF2 Arena Football League Competition.



Ms. Angela Wagenti and several members of the Wardolls dance team were

present to receive this resolution, and stood before the Council as it was read

in its entirety. Councilor Hunter moved its adoption. Seconded by Councilor

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

this meeting.



Mayor Peters added that his daughter, Ms. Kelly Peters, is one of the

members of the Wardolls Dance Team.



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THE FOLLOWING RESOLUTION WAS SUBMITTED AND READ IN ITS ENTIRETY BY CITY

ATTORNEY FAY AND ADOPTED BY THE

COUNCIL:



A Resolution (603-02) - Expressing appreciation to Judge William J. Smith

upon his retirement after 32 years of service and for his diligent and faithful

service to the citizens of the Chattahoochee Judicial Circuit and the Columbus

community.



Councilor McDaniel moved its adoption. Seconded by Councilor Davis and

carried unanimously by those eight members of Council present for this meeting

by standing to cast their vote.



Judge Bill Smith, came forward to express his appreciation for being

honored today. He then introduced those individuals that were present with him.



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PARKS & RECREATION EMPLOYEES:



Councilor Glenn Davis recognized the presence of Mr. Steve Hicks, Columbus

Soccer Association, who first came forward and introduced the three young boys

accompanying him; then, proceeded with presenting a plaque to Mr. Ramon Pena to

express their appreciation to the crew who maintain that facility.



Mr. Ramon Pena, Parks & Recreation Department, came forward and introduced

those employees with the Parks & Recreation who perform the duties of

maintaining the field and are listed as follows: Mr. Myron Mason, Mr. Damien

Streeter, Mr. Larry Goody, Mr. Michael Denim and Mr. Kirk Roberts.



Councilor Davis also complimented these employees for all of their hard

work in keeping the soccer field nice. He determined that the City of Columbus

does have the best soccer complex in the State of Georgia and it is because of

these gentlemen.

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PROCLAMATIONS:



?POPPY DRIVE WEEK?:



With Gerda Humphreys, President of American Legion Auxiliary Unit 35 standing

at the Council table, Councilor Suber read Mayor Peters? proclamation,

proclaiming the week of November 8 ? 15, 2002 as ?Poppy Drive Week? in

Columbus, Georgia.



Councilor Suber also pointed out that Miss Poppy, Mammie Harper, was listed

to lead in the pledge of allegiance. Mayor Peters then apologized for not

recognizing Mammie Harper at that time.



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?COLUMBUS HOSPICE MONTH?:



With Mr. Mike Smajd, Executive Director of Hospice standing at the Council

table, Councilor Henderson read Mayor Peters? proclamation, proclaiming the

month of November as ?Columbus Hospice Month? in Columbus, Georgia.



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NEIGHBORHOOD LEADERSHIP ACADEMY:



Ms. Gloria Weston-Smart, Executive Director of the Keep Columbus Beautiful

Commission, came forward to recognize several members of the Neighborhood

Leadership Academy. She advised that it was a combination of citizens from

Bibb City and East Highland. She explained that they have gone through an

eight-week program that introduced them to the services and the resources of

the Columbus Consolidated Government, as well as, other community based

organizations. Members then came forward to introduce themselves.



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CITY ATTORNEY?S AGENDA:



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

ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND READING:



An Ordinance (02-108) - Rezoning properties located at 313, 316, 317, &

319 24th Street; 307 26th Street; and 2600, 2606, & 2608 3rd Avenue from an R-4

District to an R-3A District; and property located at 5125 13th Avenue from a

C-3 District to an R-3 District. (54-A-02-Habitat for Humanity)



Councilor Turner Pugh moved approval. Seconded by Councilor Suber and

carried unanimously by those eight members present for this meeting.



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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 (02-109) - Amending Columbus Code Section 2-1 so as to

provide an exception from the two-term rule for members of the Board of Honor.



Councilor Turner Pugh moved approval. Seconded by Councilor Suber and

carried unanimously by those eight members present for this meeting.



An Ordinance (02-110) - Providing for the issuance of not to exceed

$55,000,000 in principal amount of water and sewerage revenue refunding bonds,

series 2003, pursuant to and in accordance with an ordinance adopted December

17, 1985, as amended December 30, 1986, as amended June 21, 1988, as amended

September 3, 1991, as amended on June 9, 1992, as amended on June 23, 1992, as

amended on may 4, 1993, as amended on April 8, 1997, as amended on September

15, 1998, as amended on October 9, 2001 and as amended on November 6, 2001, for

financing the cost of refunding the series 1993 bonds maturing may 1, 2005 and

thereafter; reaffirming and adopting all applicable terms, covenants,

provisions and conditions of said 1985 ordinance, as amended; enlarging the

scope of other terms, covenants and provisions for said revenue bonds;

providing for the creation of certain funds and the remedies of the holders of

said bonds; and providing for the issuance under certain terms of additional

pari passu water and sewerage revenue bonds on a parity with the series 1985

bonds, series 1988 bonds, series 1991 bonds, series 1992 bonds, series 1993

bonds, series 1997 bonds, series 1998 bonds, series 2002 bonds and series 2003

bonds.



Councilor Turner Pugh moved approval. Seconded by Councilor Suber and

carried unanimously by those eight members present for this meeting.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND A PUBLIC HEARING WAS HELD AS ADVERTISED:



An Ordinance - Amending the "Official Street Map, City of Columbus,

Georgia" by changing the official street name for the section of public roadway

currently designated as Aspen Grove Road to "Heardmont Drive" to be one street

name consistent with the length of the roadway and authorizing the replacement

of existing street name signs labeled as Aspen Grove Road to "Heardmont Drive."



PROPONENTS & OPPONENTS:



There was no presentation made since no one came forward to speak in

opposition of this proposed ordinance.



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

ATTORNEY FAY AND A PUBLIC HEARING WAS HELD AS ADVERTISED:



An Ordinance - Amending Chapter 3 of the Columbus Code so as to permit the

transfer of an alcoholic beverage license from a hotel to a restaurant and vice

versa once during any calendar year provided the restaurant is located in the

same building as the hotel operations and deleting the provision which allows

provisional licenses to be held by attorneys.





City Manager Cavezza explained that it is a very simple process in that

if an individual buys an establishment within the hotel; then, to transfer

those licenses makes sense; since, it is in the same building. City Attorney

Fay advised that it could only be done once during a calendar year.



City Manager Cavezza added that this ordinance would also eliminate the

attorneys from being the license holder. He pointed out that the State

eliminated that last year and now we don?t have any of those attorneys holding

licenses anymore. City Attorney Fay reiterated that the Attorney General

recommended doing away with that, because it was not authorized under the State

regulations; therefore, we need to remove it from our City Code.



Responding to a question of Councilor Davis regarding the criteria to be

classified as a restaurant, Finance Director Kay Love, gave a synopsis of the

main criteria that must be possessed to be classified as a restaurant.



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THE FOLLOWING RESOLUTIONS EXPRESSING APPRECIATION FOR MERITORIOUS SERVICES

WERE SUBMITTED AND THEIR CAPTIONS READ BY CITY ATTORNEY FAY AND ADOPTED BY A

SINGLE MOTION MADE BY COUNCILOR TURNER PUGH AND SECONDED BY COUNCILOR ALLEN

WHICH CARRIED UNANIMOUSLY BY THOSE EIGHT MEMBERS PRESENT FOR THIS

MEETING:



A Resolution (604-02) - Expressing appreciation to Mr. William Flewellen

for meritorious service on the Community Development Advisory Council.



A Resolution (605-02) - Expressing appreciation to Ms. Mary Crawford for

meritorious service on the Community Development Advisory Council.



A Resolution (606-02) - Expressing appreciation to Ms. Clementine Stephens

meritorious service on the Community Development Advisory Council.



A Resolution (607-02) - Expressing appreciation to Ms. Gloria Weston-Smart

for meritorious service on the Community Development Advisory Council.



A Resolution (608-02) - Expressing appreciation to Ms. Charlotte Frazier

for meritorious service on the Board of Historic & Architectural Review.



A Resolution (609-02) - Expressing appreciation to Mr. Richard Coss for

meritorious service on the Board of Historic & Architectural Review.



A Resolution (610-02) - Expressing appreciation to Mr. Glenn Fussell

for meritorious service on the Hospital Authority.



A Resolution (611-02) - Expressing appreciation to Mr. Charles McDaniel

for meritorious service on the Hospital Authority.



A Resolution (612-02) - Expressing appreciation to Mr. Rannie Lewis for

meritorious service on the Golf Course Authority.



A Resolution (613-02) - Expressing appreciation to Mr. Michael

Silverstein for meritorious service on the Golf Course Authority.



A Resolution (614-02) - Expressing appreciation to Judge Albert Thompson

for meritorious service on the Golf Course Authority.



A Resolution (615-02) - Expressing appreciation to Mr. Stephen Butler for

meritorious service on the Industrial & Port Development Commission.



A Resolution (616-02) - Expressing appreciation to Ms. Jenny Collins for

meritorious service on the Keep Columbus Beautiful Commission.



A Resolution (617-02) - Expressing appreciation to Ms. Dee Shore for

meritorious service on the Keep Columbus Beautiful Commission.



A Resolution (618-02) - Expressing appreciation to Ms. Geraldine Blackmon

for meritorious service on the Keep Columbus Beautiful Commission.



A Resolution (619-02) - Expressing appreciation to Ms. Cindy Alexander

for meritorious service on the Keep Columbus Beautiful Commission.



A Resolution (620-02) - Expressing appreciation to Mr. Joel Ames for

meritorious service on the Keep Columbus Beautiful Commission.



A Resolution (621-02) - Expressing appreciation to Ms. Michael Barnett

for meritorious service on the Recreation Advisory Board.



A Resolution (622-02) - Expressing appreciation to Ms. Carolyn Helms

for meritorious service on the Pension Plan, Employees' Board of Trustees.



A Resolution (623-02) - Expressing appreciation to Mr. Michael

Johnson for meritorious service on the Region 9 MH/MR/SA Board.



A Resolution (624-02) - Expressing appreciation to Mr. Thomas Dobson

for meritorious service on the Taxicab Commission.



A Resolution (625-02) - Expressing appreciation to Mr. John Golden

for meritorious service on the Taxicab Commission.



A Resolution (626-02) - Expressing appreciation to Mr. Johnny Cargill

for meritorious service on the Board of Zoning Appeals.



Councilor Turner Pugh moved approval. Seconded by Councilor Allen and

carried unanimously by those eight members present for this meeting.



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MEETING IN ATLANTA, GEORGIA:



Mayor Peters thanked City Attorney Fay for joining him in attendance for a

meeting in Atlanta; it was very productive.



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ABSENCE OF MAYOR PRO TEM RODGERS:



Mayor Peters advised that Mayor Pro Tem Rodger is absent today, because he

is in Romania.



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PUBLIC AGENDA:



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



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CITY MANAGER?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND ADOPTED BY THE

COUNCIL:



A Resolution (627-02) - Authorization is requested for the acceptance of a

deed to Whitesville Walk Drive located in Whitesville Walk Subdivision.

Councilor Turner Pugh moved its adoption. Seconded by Councilor Suber and

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



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THE FOLLOWING FIVE PURCHASING RESOLUTIONS, WITH DETAILED INFORMATION

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

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

OF A SINGLE MOTION MADE BY COUNCILOR TURNER PUGH AND SECONDED BY COUNCILOR

SUBER, WHICH CARRIED UNANIMOUSLY BY THOSE EIGHT MEMBERS OF COUNCIL PRESENT FOR

THIS MEETING:





A Resolution (628-02) - Authorizing the purchase of fifty (50) flashing

traffic advisors from Interceptor Public Safety products in the amount of

$10,800.00.



A Resolution (629-02) - Authorizing the purchase of one (1) cab and

chassis from Robert?s Truck Center in the amount of $89,800.00 and one (1)

trash loader body from Heil Environmental in the amount of $60,600.00.



A Resolution (630-02) - Authorizing the purchase of two (2) CMI

Intoxilyzer Breath Alcohol-Testing instruments from CMI, Inc., (Owensboro, Ky)

in the amount of $10,490.00.



A Resolution (631-02) - Authorizing payment of attorney fees to

Troutman Sanders, LLP, in the amount of $16,572.00, pertaining to the case of

Columbus ? Muscogee County Consolidated Government challenge homestead/tax

freeze.



A Resolution (632-02) - Authorizing the execution of a value-engineered

contract with MCSI Broadcast Solutions for the procurement and installation of

studio and media room equipment.



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UPCOMING EVENTS:



City Manager Cavezza made the following announcements regarding some

upcoming events and are listed as follows:



? Employees? Retirement Benefits: On November 6, 2002, there would be four (4)

sessions at the Civic Center to talk about employees? benefits and to get input

from the employees. He said that there would be plenty of time for employees

to attend the sessions.



? Legislative Meeting: On November 12, 2002, there would be a meeting with the

Legislative Delegation along with the School Board and the Chamber to discuss

the legislative agenda. He then provided copies of the agenda to the members

of Council.



? Railroad Crossing closing: On November 10, 2002, Forrest Road railroad

crossing is going to be closed for maintenance purposes. It is going to take

two efforts to do it; therefore, they are going to close it and work on it for

Sunday and open it back up on Monday, November 11, 2002; then, come back on

December 9, 2002 to complete the work. This information would be put on the

Government Access Channel.



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EXECUTIVE SESSION:



City Manager Cavezza requested a brief executive session to discuss one

matter of potential litigation and one personnel issue.



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ADVERTISEMENTS ON POLICE VEHICLES:



Councilor McDaniel, referring to the Panama City Herald newspaper,

recalled that the city was trying to find ways to get money into the treasury.

He pointed out that they endorsed advertisements on police vehicles. He said

that it is his understanding that one city received thirty-five (35) new police

cars free with the approximate value of $700,000. just for providing

advertisements on the police vehicle. He pointed out that a lot of cities have

adopted this concept. He then asked City Manager Cavezza to check into this

matter.



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SCHOOL OF THE AMERICAS PROTEST:



Mayor Peters reminded everyone that the protest of the former School of

the Americas (The new name is the Western Hemisphere Institute for Security

Cooperation) is scheduled for the weekend of November 17 ? 19, 2002. He

announced that on November 6, 2002, there would be a debate regarding this at

the River Center at 7:00 p.m.



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PERSONS WITH DISABILITIES AWARD CEREMONY:



Mayor Peters respectfully asked each member of Council to be present at

the Persons With Disabilities Award Ceremony. He advised that we try to

recognize people with disabilities, who have continued to move forward and

excel. He said that the ceremony would be held on November 7, 2002, at the

Trade Center, starting with the reception at 6:00 p.m.



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MINUTES: Minutes of the October 15 and October 22, 2002 Meetings of the

Council of the Consolidated Government of Columbus, Georgia were submitted and

approved upon the adoption of a motion made by Councilor Turner Pugh and

seconded by Councilor Allen, which carried unanimously by those eight members

of Council present for this meeting.

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CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR AND

COUNCIL:



(1) Notice of the ACCG?s 8th District Meeting on Thursday, November 21, 2002

in Preston, GA.



(2) Notice of the 2003 Mayor?s Day Conference and Municipal Training Institute

sponsored by GMA (Georgia Municipal Association) , January 25 ? 27, 2003 at

the Renaissance Waverly Hotel in Cobb County.



(3) Memorandum from Clerk of Council Washington Re: The Hospital Authority.



(4) Letter from Dr. Paul E. May, of the Veterinarian Association, nominating

Dr. Nonie Eakle as his replacement on the Animal Control Advisory Board.



(5) Copy of the Financial Statement, Compliance Report and Data Collection Form

for Reporting on Audits of States, Local governments, and non-profit

organizations for the Columbus Department of Public Health for the year ended

June 30, 2002, as submitted by Albright, Fortenberry & Ninas, LLP, CPA.



(6) Copy of the Annual Report on the Columbus Consolidated Indigent Care

Program submitted by the Columbus Regional Healthcare System.



(7) Notice of a claim filed against the City by Attorney Barbara Claridge, on

behalf of her client Ms. Diane Hamilton.



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THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CLERK OF

COUNCIL WASHINGTON AND WAS APPROVED BY THE COUNCIL:



A Resolution (633-02) - Excusing Councilor Berry Henderson from the

October 15, 2002 Council Meeting.



A Resolution (634-02) - Excusing Councilor Evelyn Turner Pugh from the

October 15 and October 22, 2002 Council Meetings.



Councilor Allen moved approval and seconded by Councilor Suber, which

carried unanimously by those eight members of Council present for this

meeting.



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MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE

COUNCIL:



Board of Tax Assessors, Number 42.

Building Contractors Examining Board, October 3, 2002.

Civic Center Advisory Board, October 18, 2002.

Golf Course Authority, September 24, 2002.

Keep Columbus Beautiful Commission, October 8, 2002.



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

by Councilor Suber and carried unanimously by those eight members of Council

present for this meeting.



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BOARD APPOINTMENTS:



ANIMAL CONTROL ADVISORY BOARD:



Clerk of Council Washington advised that a letter was received from Dr.

Paul May nominating Dr. Nonie Eakle to fill his expired term. Councilor Turner

Pugh moved confirmation and seconded by Councilor Henderson, which carried

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



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TAXICAB COMMISSION:



Clerk of Council Washington pointed out that the Council still needs to

nominate someone for the new at-large seat that was approved by the Council.

There were no nominations made.



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TREE BOARD:



Clerk of Council Washington pointed out that the new positions for the

Tree board have been outlined and are as follows:



(1) A public Utility providing service with the City;

(2) An educator employed by Columbus State University, the Muscogee County

School District, or Columbus Technical College whose principal field of

activity is science and/or the environment;

(3) The director or a commissioner of Keep Columbus Beautiful;

(4) A representative of the development or building community of the city

working primarily in commercial and/or industrial development;

(5) A representative of the development or building community of the city

working primarily in residential development;

(6) A representative of an environmental advocacy group headquartered in the

city; and

(7) A representative who is a landscape or forestry professional.

(8) The additional four members of the tree board shall be appointed from the

public at large. The city arborist shall serve as an advisor to and as ex

officio member of the board, but shall not have the right to vote as a board

member.



Councilor Allen suggested that Clerk of Council Washington write a letter

to the public utilities, school board, Keep Columbus Beautiful Commission, Home

Builder?s Association and the other necessary associations for representation.



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RECOGNITION OF MR. OWEN DITCHFIELD AND COUNCILOR-ELECT WAYNE ANTHONY:



Mayor Peters recognized the presence of School Board member, Mr. Owen

Ditchfield and Councilor-Elect Wayne Anthony, who were seated in the audience.



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BOY SCOUT MEMBER:



Mayor Peters recognized the presence of a boy scout member, who were

seated in the audience. He presumed that the young boy scout was present as

part of his requirement to earn a badge.





A gentleman then rose from his seat, along with the boy scout, and spoke

from the audience in introducing themselves.



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Mayor Peters asked if there was anyone present in the audience who was not

listed on the Public Agenda, but had an issue to bring before the Council, they

could be heard at this time. There was no one who indicated that they wanted to

be heard.



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EXECUTIVE SESSION:



Mayor Peters then called attention to an earlier request from City Manager

Cavezza for the members of Council to go into an executive session. He

reported that the reason for the executive session is for one potential

litigation and a personnel matter. Councilor Henderson made a motion to go into

executive session. Seconded by Councilor McDaniel and carried unanimously by

those eight members present for this meeting.



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At this time, the members of Council adjourned there regular meeting to go

into executive session with the time being 6:15 p.m.



The regular meeting reconvened at 6:23 p.m., at which time, Mayor Peters

announced that the Council did meet in executive session, but there were no

votes taken.



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

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

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

with the time being 6:33 P.M.



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Sandra T. Davis

Deputy Clerk of Council

The Council of Columbus, Georgia