Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

OCTOBER 29, 2002





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

to order at 9:02 A.M., Tuesday, October 29, 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 and Mayor Pro Tem Rodgers were

Councilors R. Gary Allen, Berry H. Henderson Glenn Davis, Julius H. Hunter,

Jr., Charles E. McDaniel, Jr., Richard Smith, Nathan Suber, Evelyn Turner Pugh

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.



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ABSENT: No one was absent.



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INVOCATION: Offered by Reverend Sharon Billins ? Christ Cathedral Outreach

Ministries.

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PLEDGE OF ALLEGIANCE: Led by the Webelos Cub Scout Pack.



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MAYOR-ELECT POYDASHEFF:



Mayor Peters recognized the presence of Mayor-elect Poydasheff, who was

seated in the audience.

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RETURN OF COUNCLOR TURNER PUGH:



Councilor Turner Pugh thanked Mayor Peters and members of the Council, as

well as the entire community for their prayers and thoughts during her recent

hospital stay.

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PROCLAMATIONS:



WITH FOUR CITY EMPLOYEES RETIRING AT THE END OF THE MONTH, THERE WAS A

PROCLAMATION READ IN ITS ENTIRETY FOR EACH OF THEM AS OUTLINED BELOW:



With Ms. Lucy Mayberry, Mr. Bob Lahl, Mr. Charles Veasley and Mr. Aubry

Burt standing at the Council table, a proclamation was read by Councilors

Turner Pugh, Henderson, Allen and Mayor Peters extending high honor and best

wishes to each of them, as they retire on October 31, 2002.



Mayor Peters said there would be a retirement ceremony today at 2:00 p.m.,

in Room 6 at the Trade Center in honor of these four individuals.



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CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING:



With Ms. Jodi Davis, Accounting Division Manager with the Department of

Finance standing at the Council table, Mayor Peters pointed out that this is

the 12th consecutive year that the Department of Finance has received the

Certificate of Achievement for Excellence in Financial Reporting from the

Government Finance Officers Association of the United States and Canada.



He then presented the Certificate to Ms. Davis and thanked her for all that

she does for the City of Columbus.

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ZONING PUBLIC HEARINGS:



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

ATTORNEY FAY AND A PUBLIC HEARING WAS HELD AS ADVERTISED:



An Ordinance - Rezoning properties located at 313, 316, 317, & 319 24th

Street; 307 26th Street; and 2600, 2606, & 2608 3rd Avenue fromanR-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)



PROPONENT & OPPONENTS:



Ms. Rhonda Walters, the petitioner was present, but she did not make a

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

ordinance.

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CITY ATTORNEY?S AGENDA:



THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND AT THE REQUEST OF CITY MANAGER CAVEZZA DELAYED UNTIL JANUARY 15,

2003:





An Ordinance - Providing for the demolition of a structure located at 1649

Elvan Avenue (Murtuza Ali Kahn, owner), and for demolition services

for the Inspections and Code Division in accordance with the Tabulation of Bid

sheet.



City Manager Cavezza said Mr. Kahn has produced the paperwork that will

actually execute him fixing the building up, and has entered into in agreement

with us that he will have the building completely renovated by January 15,

2003. He said what they would like to do is to delay the second reading of this

ordinance until that time. He said if the building has been renovated as Mr.

Kahn says it will be; then this would no longer be an issue.



Mayor Pro Tem Rodgers then made a motion that the ordinance be delayed

until January 15, 2003. Seconded by Councilor Woodson and carried unanimously

by those ten members of Council present for this meeting.



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THE FOLLOWING TWO ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS READ BY

CITY ATTORNEY FAY AND INTRODUCED ON FIREST READING:



An Ordinance - Amending Columbus Code Section 2-1 so as to provide an

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



An Ordinance - 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.



Mayor Peters said one of the Council members did have a question, and then

asked if this is just a refinancing of outstanding bonds in order to take

advantage of a lower interest rate to have a savings, and said it has nothing

to do with any rate increases or anything like that.



Mr. Chuck Staples said that is correct.



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RATE INCREASE:



Mayor Peters said we did have a presentation on the possibility of a rate

increase and said his understanding is that budgets, just like the Council?s

budgets are done year by year, and not a five year plan. He said he hope the

Council was not being asked to support a five-year plan of automatic rate

increases without it coming back to the Council each year. He said that has not

really been resolved and said he don?t think the Water Works or the City could

actually adopt a plan like that. He said it may just be a forecast or something

you can go by or something you may need, but said things do change. He said if

that is the plan he would hope that we get something back from the Water Works

to the Council, if that is exactly what they want to do. He said that doesn?t

seem like that would be the proper thing to do.



Councilor Turner Pugh then asked City Attorney Fay if the way the Board is

set up, the Board is actually the one who can authorize the rate increase or

not. City Attorney Fay said that is correct, but said they do have to have a

public hearing, like they did; and of course, another public meeting before

they formally approve it at a Water Board meeting.



Councilor Turner Pugh said we don?t get a chance to say that they can?t

have the rate increase or they can have it. She said the Statute is set up so

that it is the Water Board that makes the determining factor. City Attorney Fay

said the local legislation now gives that authority to the Water Board.



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THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY

ATTORNEY FAY AND ADOPTED BY THE

COUNCIL:



A Resolution (586-02) - Requesting the local legislative delegation to the

Georgia General Assembly to introduce a bill which would set the salaries of

the Municipal Court Judge, Clerk and Marshal at a percentage of the salaries of

the State Court Judge and the Sheriff. Mayor Pro Tem Rodgers moved its

adoption. Seconded by Councilor Suber and carried unanimously by those ten

members of Council present for this meeting.



A Resolution (587-02) - Commending and expressing appreciation to the Army

OCS Class 6-02 at Ft. Benning and its Commander, Lt. Col. Daniel Kessler for

their initiative and resourcefulness in planning a memorial to honor former

graduates of the Officer Candidate School at Ft. Benning who lost their lives

on September 11, 2001. Councilor Suber moved its adoption. Seconded by

Councilor Woodson and carried unanimously by those ten members of Council

present for this meeting.



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THE FOLLOWING SIX RESOLUTIONS WERE ALSO SUBMITTED AND THEIR CAPTIONS READ

BY MAYOR PRO TEM RODGERS AND THEN ADOPTED BY THE COUNCIL PURSUANT TO THE

ADOPTION OF A MOTION MADE BY MAYOR PRO TEM RODGERS AND SECONDED BY COUNCILOR

MCDANIEL AND CARRIED UNAMIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR

THIS MEETING:



A Resolution (588-02) - Expressing condolences to the family of Mrs.

Kathleen Massengale, former employee with the Clerk of Superior Court, who

passed away on September 1, 2002.



A Resolution (589-02) - Expressing condolences to the family of Mr.

Nathaniel Street, Sr., former employee with the Columbus Water Works, who

passed away on September 3, 2002.



A Resolution (590-02) - Expressing condolences to the family of Mrs. Efurd

Ruby Clark, former employee with the Data Processing Division, who passed away

on September 5, 2002.



A Resolution (591-02) - Expressing condolences to the family of Mr.

Richard E. Harrison, former employee with the Public Services Department, who

passed away on September 6, 2002.



A Resolution (592-02) - Expressing condolences to the family of Mr. George

S. Hale, former employee with the Public Services Department, who passed away

on September 8, 2002.



A Resolution (593-02) - Expressing condolences to the family of Mrs. Essie

York, former employee with the Muscogee County Jail, who passed away on

September 25, 2002.

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PUBLIC AGENDA:



MR. LARRY ANDERSON, REGARDING BI, INC.?S CONTRACT FOR PROBATION SERVICES:







Councilor Suber said Mr. Anderson sent him a copy of his letter and said

he thinks it would be appropriate to let the Judges explain their decision,

because based upon the interpretation of our City Attorney, there is nothing

that we can do about the situation any way, and he thinks it would be

appropriate if the Judges just make their statements. He said he thinks that

Mr. Anderson?s position has been established with his letter that we have

received, and said he thinks that it would be a waste of our time to even hear

it, because we have no say so in the decision that has already been made.



Councilor Suber said it would be his wish that we could go ahead and let

the Judges make their presentation and then they can discuss this later;

because we can?t do anything about it.



Mayor Peters said that is if the Judges want to make a presentation,

because it is basically up to the Judges to enter into any contract on this

issue. He said they have decided to change vendors on this, as he is sure that

they have good reasons to do that, as you have seen in their letter. He said

the Council really doesn?t have any authority in his opinion, and in the City

Attorney?s opinion to change what the Judges has decided to do.



Ms. Katyln Lite, Legal Counsel for BI, Inc., said she respectfully

disagrees with the Mayor, as it is their position that Chief Judge Andy Prather

did not follow the appropriate State Statute for terminating their contract.

She said one of those requirements being that he had to obtain the consent of

the City Council.



Mayor Peters said Judge Prather entered into the contract with BI, Inc,,

without the Council?s consent and said you didn?t object to that at that time.



Ms. Lite said the contract that they have, to the best of her knowledge,

has the approval of the City Council. She said the issue before you today is

the termination of the contract, which is governed by O.C.G.A., which has been

amended since the formation of that contract.



Ms. Lite, in response to a question of Mayor Peters said they have a

written contract through their predecessor corporation. However, City Attorney

Fay said that contract was terminated in October 1995 by letter. He said the

previous written contract was cancelled with the concurrence of the Council

back in October 1995, and said it is his understanding that BI, Inc., who is

present here today, was simply operating on an oral arrangement with the

Judges.



City Attorney Fay said the only written contract that ever existed was

cancelled in October 1995. Ms. Lite then asked City Attorney Fay to direct her

to the City Council meeting where that took place. City Attorney Fay then

showed Ms. Lite a copy of that letter.



Several minutes of discussion continued on this subject with Ms. Lite

continuing to express her clients opinion on this matter, pointing out that the

City Council should have the power to make decisions, which affect the

Government and the people of this Government.



Mayor Peters then asked Ms. Lite if she is asking the Council to take a

vote to ratify the termination of this contract, which she stated she is not.

However, Ms. Lite said she is asking that the procurement ordinance is followed

in this matter and that BI, Inc., is given an opportunity to present why it

believes it should be the probation services provider for the Consolidated

Government.



After continued discussion on this matter, Councilor Suber then made a

motion that we uphold the decision of the Judges to terminate this contract.

Seconded by Mayor Pro Tem Rodgers.

Ms. Lite then responded to questions of Mayor Peters and members of the

Council. She said the proper procedures has not been followed and said the

procurement ordinance states that contracts, such as this, contract for

services should be subject to a bidding process. She said no bidding process

was used in this matter, and is hereby requesting that the Council allow them

to bid on this contract.



However Mayor Peters pointed out that there was no bid process followed

when her client got the contract.



City Attorney Fay pointed out that the State Statute clearly states that

the final contract, is negotiated by the Chief Judge with the private probation

entity. He said it is negotiated by the Judge and doesn?t go through the normal

bidding process.



After more than forty-five minutes of discussion with several members of

the Council expressing their views on this matter, and Ms. Lite responding to

questions of the Mayor and Council, the Council then heard from Judge Andy

Prather.



Judge Andy Prather appeared and said that former State Senator Pete

Robinson, who is also seated in the Council Chambers is here, because he

represents him in the Judicial Qualifications complaint filed by Mr. Anderson

against him. He said he wants to assure the Council that he will not ask them

to participate in paying his legal fee.



He said he and Judge Gottfried did terminate the current probation

services provider and said they think they had valid reasons to, and said they

have had some discussion with the City Attorney about getting a contract in

writing with the new probation service. He said the memo that he sent to City

Manager Cavezza is self-explanatory in that they want to wait and make sure

that this new probation service is going to work out and we don?t have the same

problems.



Judge Prather said they are a little more interested in a probation

service that will emphasize getting the City?s money to them first, and the

probation fees to the probation company later.



Mayor Pro Tem Rodgers then asked Judge Prather if he was asking the

Council to affirm his decision today. Judge Prather said he would ask the

Council to please affirm his and Judge Gottfried?s decision to terminate BI,

Inc., contract. He said this was not made lightly by him as Judge Gottfried

told him that she had for some time wanted to terminate the contract, but

didn?t do so out of deference to him. He said they are joined and concurred

with by the Solicitor?s Office in this matter.



Judge Prather then responded to questions of Councilor Woodson, and also

said he doesn?t think that the law as it relates to procurement has changed

since 1995. City Attorney Fay said that is correct and said that it still says

that the final contract is negotiated by the Chief Judge.



Judge Prather said with all due respect to the Counsel for BI, Inc., he

disagrees with her interpretation of the law, and said the law hasn?t changed

as far as termination, but according to his and City Attorney Fay?s

interpretation, it clearly says that the Council joins in terminating

contracts, which the City participated in. He said that is clear in the law and

said in this case, there is no contract that you (Council) participated in. He

said he doesn?t know if the ratification of his, Judge Gottfried, and the

Solicitor?s Office?s decision is necessary, but said since the Counsel for BI,

Inc., has asked for it, he joins her in asking for it, and then asked the

Council to ratify their decision to terminate the contract with BI, Inc.



After more than an hour of discussion on this subject, the question was

then called on Councilor Suber?s earlier motion to ratify the Judges? decision

to terminate the contract of BI, Inc., which carried unanimously by those ten

members of Council present for this meeting.

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CITY MANAGER?S AGENDA:



THE FOLLOWING FOUR RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY

MANAGER CAVEZZA AND ADOPTED BY THE

COUNCIL:



A Resolution (594-02) - Authorizing the Mayor, City Manager and Finance

Director to take such actions as are necessary to purchase property located at

800 Front Avenue, in the amount of $4,000,000 plus the cost of title insurance

from the Wyndam Hotel, formerly the Columbus Hilton to provide property to

construct an approximate 300 car parking garage to accommodate hotel patrons,

Trade Center patrons, and the general public. Councilor McDaniel moved its

adoption. Seconded by Councilor Suber and carried unanimously by those ten

members of Council present for this meeting.



A Resolution (595-02) - Authorizing the execution of an agreement with

Jordan, Jones & Goulding (JJG), for engineering services for Bibb City Storm

Water Improvements. Funding for the Engineering services will be provided

through CDBG Funds. Councilor Woodson moved its adoption. Seconded by Mayor Pro

Tem Rodgers and carried unanimously by those ten members of Council present for

this meeting.



A Resolution (596-02) - Authorizing and declaring property identified

between Wynnton Road and 13th Street as surplus and authorize the sell of

29,900.75 plus or minus square feet in Columbus, Muscogee County, Georgia and

reserve the right to buy back 4,580 plus or minus square feet. Councilor

McDaniel moved its adoption. Seconded by Mayor Pro Tem Rodgers and carried

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



A Resolution (597-02) - Authorizing the submission of an application to

the Department of Community Affairs for a $40,000 quality growth grant for the

Midtown Project. Mayor Pro Tem Rodgers moved its adoption. Seconded by

Councilor McDaniel and carried unanimously by those ten members of Council

present for this meeting.



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THE FOLLOWING THREE PURCHASING RESOLUTIONS, HAVING BEEN INCLUDED WITH THE

CITY MANAGER?S AGENDA WERE ALSO SUBMITTED AND ADOPTED BY THE COUNCIL PURSUANT

TO THE ADOPTION OF A SINGLE MOTION MADE BY MAYOR PRO TEM RODGERS AND SECONDED

BY COUNCILOR MCANIEL, WHICH CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL

PRESENT FOR THIS MEETING:

A Resolution (598-02) - Authorizing the purchase of four (4) remanufactured

monitor/defibrillator/pacemaker units from Medtronic Physio-Control.



A Resolution (599-02) - Authorizing the execution of a contract with

Columbus Basketball Officials Association for Adult Basketball Officiating

Services for the estimated value of $11,592.00.



A Resolution (600-02) - Authorizing the execution of a negotiated contract

with Jordan, Jones & Goulding, Inc., for Engineering services related to the

construction of Pine Grove MSW Landfill, Phase II, Cells 2A, 2B & 2C.



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THE FOLLOWING RESOLUTION WAS ALSO SUBMITTED AND DELETED FROM THE AGENDA AT

THE REQUEST OF CITY MANAGER

CAVEZZA:



A Resolution - 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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JAIL ANNEX RIBBON CUTTING:



City Manager Cavezza pointed out that on tomorrow, October 30, 2002 at

11:30 a.m., there will be a ribbon cutting ceremony on the new Jail Annex. He

said the reason for the shortness in time, is because we have to get the people

out of the 1984 jail and into the new jail so that we can start working on the

1984 jail. He said they wanted to do the ribbon cutting before they actually

moved the inmates into the new jail.



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RIVERWALK IN BIBB CITY:



Councilor McDaniel said on the Riverwalk in Bibb City, have they agreed to

let us come through the end of Bibb Mill toward the Riverwalk. City Manager

Cavezza said they are working with them on it, and said the options they are

looking at right now, does not include the Bibb Mill property. He said they are

looking at alternatives to that.



Councilor McDaniel asked if it would be cheaper to go through the mill, if

they would allow us to, to which City Manager Cavezza said he doesn?t know the

answer to that. He said they are working with them on some options, but right

now the use of their mill is primarily being used for storage. He said they are

putting in the type of an area where it has to be ADA accessible. He said they

have talked about everything from elevators to cage, to try to negotiate, but

said we are going back to a basic way of getting around the mill. He said in

the future, if Bibb Mill wants to participate we could always modify that or

add to it and take it through the mill.



Councilor McDaniel said he would be glad to volunteer to work with Brent

and Perry Buck, as they have expressed interest to have it go through the end

of that mill, to him.



City Manager Cavezza said they have met with Brent Buck and said that he

thinks he is on board with that, but said this is a real challenge getting

around the mill. He said we are either going to have to go out and around it in

the Bibb City area, or have a maze of routes going up that will be expensive

and extravagant.







Mayor Peters said it is not the issue of whether or not he will let us go

through the mill, because he wants to go through the mill. City Manager Cavezza

said Mr. Buck has been very cooperative and said he will work with us on

anything that we want to do, but said we just don?t know how to do it yet. He

said we are working on developing that.



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RETIREMENT PROPOSAL MEETING:



Councilor Turner Pugh said she received an e-mail from a city employee and

said they were talking about retirement and the way,?.. she said it had

something to do with the employees that paid into the retirement plan.



Mayor Peters said he got that same e-mail. He said what happened is the

consultant that came to the Council talking about the pension and health care

costs, when he was talking about many different options, and said it may not

have been the best way to bring him up here to talk about all of these

different options, because some of them will probably never happen. He said the

consultant said during his presentation that we might want to look at the two

percent contribution that the City pays that the employee gets per year toward

their retirement.



He said right now if you pay two percent per year for 30 years, you get

60% of your salary to retire on. He said what the employee thought is that he

is talking about moving that to 45 years by taking away a half of percent, but

said what he is talking about is leaving it at two percent, but the employee

would pay a half of percent into the plan.



Councilor Turner Pugh said the email that she received deals with

employees who at one point in time paid a portion of their retirement, and then

they stop paying into that plan, but the money was still there as part of the

plan.



City Manager Cavezza said the employee get their money back, as part of

the retirement packet. He said this money is not being lost.



Mayor Peters said the fairest thing to do, would be to have anything like

that to apply to new employees and not existing employees. He said if they have

been here all these years, you wouldn?t want to change things in mid-stream. He

said that was just an option that the consultant threw out there.

He said we looked at putting new employees on a 401K and maybe not even be part

of the pension plan.



He said they were paying into the pension plan at one time, but one year

instead of getting a pay raise, the Council said they would pay the employees

share of the pension fund, which meant more money to the employees. He said

when they retire, they don?t pay taxes on the first part of it, because of

their money that they put into it, and after that is exhausted it would be a

different scenario.



City Manager Cavezza said regarding that presentation, to get the maximum

input, on Wednesday, November 6th, there would be four sessions at the Civic

Center in the Hospitality Room. He said they are inviting all employees to come

in and listen to the presentation and make suggestions, and voice their

concerns, so that we can go ahead into Phase II, and start pulling this

together. He said what they will do with the input is narrow it down, and then

eventually bring a recommendation to the Council, which they think will be a

reasonable recommendation.



LUNCHEON WITH SCHOOL BOARD:



City Manager Cavezza reminded the Mayor and Council of the Luncheon with

the School Board members on November 19th at the Columbus Museum at 12:00 noon.



Mayor Peters said they were discussing that we were charging them for the

use of the Civic Center for graduations, etc. City Manager Cavezza said that we

do not.



Mayor Peters said he thinks that needs to be clarified that we do not and

that we work well with the School District on many, many issues. He said the

Soccer Association did raise private funding to build those soccer fields and

that is why they feel an ownership there in their minds.



City Manager Cavezza said they thought that they had the matter of the

soccer fields worked out with the School District. He said they felt like it

had been worked out, but said a coach or two didn?t like the decision. He said

they are still working those issues out, and said we don?t want it to come to

finger pointing with them, as to who is paying for what. He said they are

prepared to do that, if we have to.



He said when they have their opening session at the Civic Center every

year, we don?t charge them, and when they have their DUI re-enactment, we don?t

charge them. He said we don?t charge them for any of the graduations at the

Civic Center.



Councilor Suber said he thinks it is important that we finally get the

Council on board as knowing exactly what dollars and cents we are spending, and

said before the luncheon he thinks that we need to have a work session on this,

so that we can know. He said he thinks it is imperative that we all know, so

that when we sit down at the table, we can understand where we are coming from,

and possibly understand where they are coming from as well.



City Manager Cavezza said they are in the process of preparing a document

that lays all of that out.



Councilor Allen said also included in that article, it was implied that

Council had made the decisions regarding the scheduling of all the soccer

practices, and said for the public?s knowledge, he just wants to point out that

we don?t get down to that level of micro-managing. He said that is purely the

Recreation Division and the Youth Soccer Association?s decision.



City Manager Cavezza said he thinks that maybe we need to discuss it with

them when we meet on November 19th. He said he wasn?t going to respond to the

newspaper on that other than call the reporter to let him know that he had some

bad information in that article.



He said based on meetings with the School District representative, Tony

Adams and the Columbus Youth Soccer Association, they all agreed to a schedule

and signed up to it. He said he thought it was all fixed, but said evidently

some people are not satisfied with it.



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LEGISLATIVE AGENDA:



City Manager Cavezza pointed out that there was a draft legislative agenda

included in the Council?s Agenda packet that we will be talking with our local

legislative delegation about on November 12th.



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DETAIL SHOPS:



City Manager Cavezza said sometime back he had mentioned to the Council

that we were getting some pressure from the Department of Natural Resources on

these detail shops and said they went back to them and offered a proposal for

us to work with these shops and educate them, and see if we can get them to

conform to the requirements. He said they have received a letter from the

Department of Natural Resources accepting our plans, and said we just need to

work with our local people to make it happen.



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OXBOW MEADOWS:



Councilor Suber said he has spoken to the City Manager concerning Oxbow

Meadows and said he is having the Deputy City Manager to search for grants.



*** *** ***



EXECUTIVE SESSION:



Councilor Suber said he would like to request permission for the Council

to go into an executive session to discuss a personnel matter.



*** *** ***



SOCCER:



Referring back to this subject, and regarding some earlier comments of

Councilor Allen, City Manager Cavezza said after the meeting with Tony Adams

and the other representatives, Tony Adams did sign a letter to the School

District explaining what the plan was and the new schedule.

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CLERK OF COUNCIL?S AGENDA:





THE FOLLOWING ITEM WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR &

COUNCIL:





(1) Notice of claim filed against the City by Attorney Jack T.

Brinkley, Jr.

on behalf of his client, Mr. Enos Phillips.



*** *** ****



THE FOLLOWING TWO RESOLUTIONS THAT WERE DELAYED FROM THE OCTOBER 15, 2002

COUNCIL MEETING WERE SUBMITTED AGAIN AND AFTER SEVERAL MINUTES OF DISCUSSION

DELAYED INDEFINITELY BY THE COUNCIL AT THE REQUEST OF COUNCILOR

ALLEN:





A Resolution - Authorizing a variance request to reduce the minimum

residential setback of a wireless communications facility (tower) from 300 feet

to 160 feet for wireless communication services on property located at 1720

Warm Springs Road.



A Resolution - Authorizing a Special Exception Use to erect a wireless

communication tower at 1720 Warm Springs Road.



Councilor Allen said he would request that the Council agree to delay

these two resolutions until such time as we hear back from the gentleman

regarding his research into this matter. He said he understands that the

Wireless Communication Company is looking at some other sites and that this may

resolve itself.



Councilor Allen then made a motion that these two resolutions be delayed

indefinitely. Seconded by Councilor McDaniel and carried unanimously by those

ten members of Council present for this meeting.



*** *** ***



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CLERK OF COUNCIL

WASHINGTON AND ADOPTED BY THE

COUNCIL:



A Resolution (601-02) - Authorizing a Special Exception Use to allow a

restaurant at the southwest corner of Bradley Park Drive and Belfast Avenue.

Councilor Allen moved its adoption. Seconded by Councilor McDaniel.



Councilor Suber said he doesn?t know if this area is still going to be

manufacturing and then asked, why can?t we make that piece of property

C-3. Mr. Will Johnson of the Planning Division, in discussion with the City

Manager, said a Zoning process takes 90 days and a Special Exception takes 30

days and said they can come back and rezone it at a later date.



Councilor Suber asked the gentleman what would he want to do on that. He

said he hasn?t spoken with them regarding this matter, but said it seems like

the sign has been up for a long time.



Mr. J. D. Hancock, Real Estate Manager for Cracker Barrel said they

wouldn?t have a problem with the rezoning, but said what they wouldn?t want to

do is to hold up their building permit. He said they would like to get a

building permit and get the special exception approved and cooperate with the

City, and if they want to rezone it to a C-3, they have no problem with that.



He said he doesn?t think anyone will be building anything behind them,

because they are buying 8.5 acres, and had 160 parking spaces on their

preliminary site plan, but today there is only 125 parking spaces because of

the topography and the lay of the land.



Mayor Pro Tem Rodgers then made a motion to approve the resolution.

Seconded by Councilor Smith.



City Manager Cavezza then asked Mr. Hancock if they would be willing to

follow up with a rezoning on this property. Mr. Hancock said they would be

cooperative in working with the City to rezone the property to C-3, as long as

there is an understanding that they would prefer to have the special exception

now, so they can proceed with their building.



The question was then called on the motion to adopt the resolution, which

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



Councilor Turner Pugh said when Mr. Hancock gets ready for their second

store in Columbus, she would like to encourage them to look in South Columbus.

She said with our Enterprise Zone, she is sure that we can help find you a

place to build it.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE COUNCIL:



Board of Health, September 25, 2002.

Board of Tax Assessors, Number 40.

Board of Tax Assessors, Number 41.

Council Briefing, April 9, 2002.

Housing Authority, September 18, 2002.

Planning Advisory Commission, May 1, 2002.

Planning Advisory Commission, May 15, 2002.

Planning Advisory Commission, June 5, 2002.

Uptown Fa?ade Board, September 16, 2002.



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.



*** *** ***



THE FOLLOWING NEW ZONING PETITION, RECOMMENDED FOR APPROVAL BY BOTH THE

PLANNING ADVISORY COMMISSION AND THE PLANNING DIVISION WAS SUBMITTED AND

EXPLAINED BY CLERK OF COUNCIL WASHINGTON AND AN ORDINANCE WAS CALLED FOR BY

COUNCILOR MCDANIEL:



Petition submitted by KeeMed Enterprises, Inc., to amend Condition Number

6 of Ordinance Number 96-116 to allow access to 2nd Avenue.



Councilor McDaniel called for the ordinance and public hearing.



*** *** ***



BOARD APPOINTMENTS:



ANIMAL CONTROL ADVISORY BOARD:



Clerk of Council Washington pointed out last week Mayor Pro Tem Rodgers

nominated Ms. Jimmie Graham and Ms. Maxine Lee to serve another term of office

on the Animal Control Advisory Board, and advised that they may now be

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

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



Clerk of Council Washington further advised that we are waiting for a

nomination from the Veterinarian Association, for someone to succeed

Dr. Paul May, who cannot succeed himself.



*** *** ***



TAXICAB COMMISSION:



Clerk of Council Washington said we still need someone for the new

at-large seat on the Taxicab Commission that was approved several months ago.

There were no nominations.



She also pointed out that the Council has declared the seat of Mr. Charles

Patillo vacant on this Commission and said that she will write a letter to the

Chamber of Commerce asking for a nominee.



*** *** ***



Mayor Peters then asked if there was anyone who was not listed on the

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

this time, but there were none.



*** *** ***



EXECUTIVE SESSION:



Mayor Peters pointed out that there was an earlier request for the Council

to go into an executive session and then asked what was the pleasure of the

Council in that regard. Councilor Suber then made a motion for the Council to

go into an executive session, to discuss a personnel matter. Seconded by

Councilor Woodson and carried unanimously by those ten members of Council

present for this meeting.



*** *** ***



At 10:30 a.m., the meeting was adjourned to allow the Council to go into

an executive session.



At 10:41 a.m., the regular meeting was called back to order, at which time

Mayor Peters pointed out that the Council met in an executive session to

discuss a personnel matter, but there were no votes taken.



*** *** ***



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

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

carried unanimously by those ten members of Council, and the time being 10:42

a.m.



*** *** ***





Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia