Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

DECEMBER 14, 2004



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

order at 9:03 A.M., Tuesday, December 14, 2004, on the Plaza Level of the

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

presiding.



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

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

Julius H. Hunter, Jr., Charles E. McDaniel, Jr., 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.

Councilor Nathan Suber arrived at 9:08 a.m., and Councilor Evelyn Turner Pugh

arrived at 9:10 a.m.



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ABSENT: No one was absent.



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

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PLEDGE OF ALLEGIANCE: Led by Mayor Robert S. Poydasheff.



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PROCLAMATIONS:



?BILL OF RIGHTS?:



With Ms. Cynthia Bowman, of the Colonial Dames standing at the Council

table, Councilor McDaniel read the proclamation of Mayor Poydasheff proclaiming

December 14, 2004, as ?Bill of Rights Day? in Columbus, Georgia.

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CITY ATTORNEY?S AGENDA:



WITH HARDAWAY HIGH SCHOOL?S COACH, MICHAEL FOWLER STANDING AT THE COUNCIL

TABLE, THE FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR HUNTER

AND ADOPTED BY THE

COUNCIL:



A Resolution (532-04) - Commending and congratulating Hardaway High School

volleyball Coach Michael Fowler upon his selection by the Columbus

Ledger-Enquirer as Coach of the Year. Councilor Hunter moved the adoption of

the resolution. Seconded by Councilor Allen and carried unanimously with those

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

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MINUTES: Minutes of the December 7, 2004 meeting of the Council of the

Consolidated Government of Columbus, Georgia were submitted and approved

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

seconded by Councilor Allen.

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ZONING PUBLIC HEARING:



THERE WERE NO ZONING PUBLIC HEARINGS SCHEDULED FOR THIS MEETING.

CITY ATTORNEY?S AGENDA CONTINUED:



THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND INTRODUCED ON FIRST

READING:





An Ordinance - Providing for the demolition of three structures located at

2 Regatta Court & 4213 Alpine Drive (Agio Corporation, owner); 334 Andrews Road

(C. A. Hopkins, owner); and for demolition services for the Inspections and

Code Division in accordance with the attached Tabulation of Bid sheet.



Mr. William Madison came forward to speak to this matter when Mayor

Poydasheff asked Mr. Madison if he owns this piece of property, to which he

said he does.



Mr. Madison said that he has spent time in jail because of these

properties and he thinks that he owns them. He said he noticed the two pieces

of properties on the list and said he is here this morning to ask, how did they

get to the Agio Corporation.



Mayor Poydasheff then asked Mr. Madison which properties is he here to

discuss this morning, to which Mr. Madison stated 2 Regatta Court and 4213

Alpine Drive.



City Manager Cavezza said according to the City?s records, Mr. Madison is

not the owner of those properties.



Mr. Madison said according to the records he understands that, but if you

record states that, he accepts that.



Mayor Poydasheff then pointed out to Mr. Madison that the only time,

anyone is allowed to address the Council regarding property is that they must

be owners of the property. He said you stated you are the owner; however, the

City Manager has stated that you are not.



Mr. Madison said he goes back to his original statement, that he is the

owner. City Manager Cavezza said our records indicate that he is not.



Mayor Poydasheff said he would allow Mr. Madison five minutes to address

this issue, but we will check that out. He said if the official records show

that you are not the owner, then that is a grievous error on your part.



Councilor Davis then asked Mr. Madison if he is a member of the Agio

Corporation? Mr. Madison said he is not, but if the Council would allow him to

explain this matter, he can explain what the problem is. He said he doesn?t

know these people and he has never heard of them prior to this morning.



Councilor Suber said Mr. Madison is listed on the Public Agenda to discuss

this issue and said we can allow him to be heard at that time.



There were no objections expressed by Mr. Madison.



City Attorney Fay then asked if there was anyone here to speak to the

property of 334 Andrews Road, but there was none. He then advised that this

ordinance would be voted on at next week?s Council meeting.



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THE FOLLOWING ORDINANCE WAS SUBMITTED BY CITY ATTORNEY FAY AND AFTER SOME

DISCUSSION WAS INTRODUCED ON FIRST

READING:



An Ordinance - Providing for the issuance of $46,000,000 in principal

amount of water and sewerage revenue refunding bonds, series 2005, 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, as amended on November 6, 2001, as amended on November 5,

2002, and as amended on January 7, 2003, for financing in whole or in part the

cost of certain additions, extensions and improvements to the water and

sewerage system of Columbus, Georgia and for financing the cost of refunding

the series 1997 bonds maturing May 1, 2011 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; 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, series 2003 bonds and series 2005 bonds; and for other purposes.



Mr. Paul Olson came forward and stated that he has some questions

regarding this ordinance. After Mr. Olson began to ask questions concerning the

bond issue, Mr. Joe Lay Financial Advisor and Mr. Bob Tant of the Columbus

Water Works then appeared and went into some details in explaining this

ordinance to Mr. Olson and responded to several of his concerns regarding the

matter.



Mayor Poydasheff also responded to questions of Mr. Olson.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND AFTER SEVERAL MINUTES OF DISCUSSION WAS THEN INTRODUCED ON FIRST READING:







An Ordinance - Regulating vehicular traffic by amending Chapter 20,

Article VIII, Section 20-8-1.2 "Multi-way Stops Designated," of the Columbus

Code by adding Oates Avenue and 42nd Street, where multiple approaches are

required to stop; authorizing the erection of official traffic signs indicating

"Stop" for those approaches designated to stop before proceeding through said

intersection; repealing conflicting ordinances; and for other purposes.



Councilor Allen said he would like to ask the City Manager to have the

Police Department or maybe the Mayor to have the Chief of Police to look at

Oates Avenue. He said he thinks Councilor Turner Pugh was right in asking for

signage to go into this area. He said he received a telephone call from one of

his church members who lives on this street and she has indicated to him that

there are people running the stop sign and there are a lot of speeders on this

road.



He said this road may be a candidate for the speed bumps and then asked

City Manager Cavezza to have the staff to do some research and determine

whether or not Oates Avenue meets the criteria to have speed tables installed.



Councilor Suber asked if we have any designs to look at because he hasn?t

had an opportunity to go up in that area and he didn?t see anything in the

computer to show us where these signs would be placed. He then asked if we

have that available. He then asked the City Manager to provide a photograph to

show exactly where the 4-way stop signs will be placed on Oates Avenue. He said

there are a number of citizens who don?t have a clue as to what 42nd Street and

Oates Avenue looks like and said there might be some other situations in the

City that need to have the same type of stop signage at those particular

locations and he was hoping that maybe we would have some illustrations today

of what we are talking about.



City Manager Cavezza said they could get that information.



Mr. Chris Mitchell, Pastor of Bethany Christian Center on Oates Avenue

said he just wanted to say thank you for the study and obviously they do

support the stop signs and the speed limit signs. He said Oates Avenue has

become a through way from Manchester Expressway down to 38th Street. He said

he concurs with what Councilor Allen has said; because they were standing out

there on Sunday morning when a driver pulled right in front of one of their

families and didn?t even stop at the stop sign that is already there.



He said he just wanted to thank the Council in advance for the yes vote to

get those signs up, because he will not be present for the vote on next week.



Pastor Mitchell then asked, once the ordinance is approved, how quickly

would the signs be posted, to which City Manager Cavezza said it would be

within one week.



Councilor Woodson said it would be appropriate that when you bring the

research back for discussion as requested by Councilor Allen, the staff needs

to let the citizens know how it works. She said there was an area where she

tried to have these speed bumps installed twice, but it depended on the number

of cars that went through and how quickly they went through. She said in the

event the research comes back and shows that the speed humps are not warranted,

the people need to understand why, because there are certain criteria in order

to put them in.



City Manager Cavezza said there are several criteria that they look at and

said in the case of speed, it?s a 30 miles per hour speed limit and the average

speed is 34 miles per hour. He said that in itself is not an indication that

they need to be installed; however, they look at other criteria as well.



Councilor Woodson then asked City Manager Cavezza to provide information

at next week?s meeting to inform the citizens of this area exactly what the

criteria is for the speed bumps to be installed.



Councilor McDaniel said that if this intersection is a problem, then we

might need to look at putting in a caution light or either a stop sign with a

flashing light.



City Manager Cavezza said there is no flashing light planned at this

point; however, we are planning on installing the 4-way stop.



Councilor McDaniel then asked City Manager Cavezza to also consider

looking at installing a flashing light at this intersection.



Councilor Allen said the lady who called him this morning also brought up

the point that Councilor McDaniel mentioned and she said a lot of cars start at

the top of the hill and so many of them are going so fast, they don?t even stop

at the stop sign.



Mayor Poydasheff said he would discuss this with Police Chief Boren

immediately after this Council meeting.



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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY

FAY AND INTRODUCED ON FIRST

READING:



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 Schley Drive to "Rinehart Drive," to be one

street name consistent with the length of roadway; authorizing the replacement

of existing street name signs labeled as Schley Drive to Rinehart Drive.



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THE FOLLOWING FOUR RESOLUTIONS EXPRESSING APPRECIATION TO THOSE EMPLOYEES

WHO RECENTLY RETIRED FROM THE SERVICES OF THE CONSOLIDATED GOVERNMENT WERE

SUBMITTED AND THEIR CAPTIONS READ BY MAYOR PRO TEM RODGERS AND THEN ADOPTED BY

THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE MOTION MADE BY MAYOR PRO TEM

RODGERS AND SECONDED BY COUNCILOR MCDANIEL, WHICH CARRIED UNANIMOUSLY BY THOSE

NINE MEMBERS OF COUNCIL PRESENT AT THE TIME, WITH COUNCILOR ALLEN BEING ABSENT

FOR THIS VOTE:



A Resolution (533-04) - Expressing appreciation to Mr. William J.

Colquitt upon his retirement with the Columbus Police Department after 36 years

of service.



A Resolution (534-04) - Expressing appreciation to Mr. William A. Ellison

upon his retirement with the Columbus Police Department after 29 years of

service.



A Resolution (535-04) - Expressing appreciation to Mr. Izel McBride upon

his retirement with METRA after 15 years of service.



A Resolution (536-04) - Expressing appreciation to Mr. Charles E. McKinney

upon his retirement with the Columbus Public Services Department after 31 years

of service.

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SPECTRUM STORES:



Mayor Poydasheff said he had on his agenda, Ms. Judy Abna representing

Spectrum Stores, but said he put them on the Public Agenda because he thought

it would be more appropriate and then called forward Mr. Loring Perez to tell

us what his problems are.



Mr. Loring Perez, Chief Financial Officer, Spectrum Stores said he

believes they are the largest beer and wine off-premises holder in the City. He

said they have 21 licenses that they are currently trying to change the name,

as well as 6 others that are in their corporation?s names under the old

ordinance, where you still allow those names to be held in the Corporation's

name. He said they have five Crown stores that they have acquired that are in

the name that will be likely changed to Spectrum Stores, and as they do, they

will be converting those. He said they have one additional application that is

almost completed and issued on a store that they are renovating on Manchester

Expressway.



He said he is here on this morning to tell you, not that your ordinance is

necessarily wrong, but to tell you that it is inconsistent with that of a lot

of other cities that they do business in, which has caused some difficulty for

them. He said he is here to tell you what those problems are and hopefully,

you will understand what the problem is and maybe you will consider doing

something about the ordinance at a later date.



Mr. Perez said they have approximately 1,000 employees and about half of

those employees live and work in Muscogee County and said they have an employee

named as license holder on these licenses. He said if you were a large

corporation, you would prefer to always have a shareholder owner or a director,

or vice-president, or someone who is an officer of the corporation to be a

license holder under these licenses. He said over the last few years, they have

systematically gone around with Ms. Judy Abna, who is a paralegal that works

for them; and does this all over the State of Georgia, Alabama, Tennessee and

other places, to try to change those licenses over time.



He said in Columbus, they have 21 licenses in the name of one of their

employees, Mr. Ralph Burns; who is a Division Manager here in Columbus. He said

they have enough stores in Columbus whereby they need more than one Division

Manager; however, he has been investigated by the City over time and has held

these licenses. He said their Corporate Officer, Ben Amsted, Vice-President of

Operations; who is present with him this morning, is directly responsible for

all the stores, including those in Muscogee County; so they want to try to

change those.



Mr. Perez said after they contacted the City?s Business License Office and

requested information on how to do that; after which, they paid $1,000 and

completed the application in order to transfer the name from Mr. Burns to Mr.

Amsted. He said they were told upfront that they would be charged a transfer

fee to change the names, since they could not put them where they wanted them.

He said where they really wanted them, was to put them in the name of the

corporation. He said he would think that the citizens of Columbus would want

that, because if it was in the name of the corporation; you would have the

support, financially and otherwise, of the company against those business

licenses and beer licenses.



He said your ordinance doesn?t allow it, but the State license allows it

to be in the corporation?s name. He said there are other problems with the

ordinance that they have addressed with City Attorney Fay, which revolves

around the fact that the ordinance was adopted without thinking about

corporations such as Spectrum.



Mr. Perez said they were not asked for comments at the time the ordinance

was adopted; therefore, they have come to this Council requesting that you

approve a waiver of a fee of $4,725, which is the total of $225 per store being

charged to change a name on a license; there being 21 stores. He said the very

least they should be charged one transfer fee. He said what happens should Mr.

Amsted leave the company or decide to move, will they be charged again. He said

every time they have to name an individual, they run the risk that they have to

change the name again. He said if they have an employee?s name on the license,

they are not allowed to deal with that employee the way they would deal with

any other employee.



Mayor Poydasheff said he thinks it is something that we need to look at.



Mr. Perez said that they have already pointed out all these matters to the

City Attorney. He said they are also being charged $420 for new Certificate of

Occupants and nothing is changing at the store location. He said it is just

simply the name changing on the license; which they would prefer to be the

corporate name, however, since your ordinance doesn?t allow that, they are

putting a corporate officer on the license.



He pointed out that Mr. Bill Pound, who is their attorney that handles

business licenses is also present this morning and if you have any questions,

he can answer those questions.



Mayor Poydasheff then encouraged Mr. Pound to discuss this matter with

City Attorney Fay.

Councilor Woodson then asked if there are other corporations or businesses

that fall into this same situation as Mr. Perez, to which City Manager Cavezza

said he did not know and then asked City Attorney Fay if he was aware of that.



City Attorney Fay said he was not aware of that.



Several minutes of discussion continued on this subject, with Councilor

Woodson expressing her concerns saying that when this ordinance was revised a

few years ago, why we weren?t advised of this situation during that time.



Mayor Poydasheff said we can research the records and determine why did we

do what we did and then we can bring it back to the Council table and take a

look at it. He said if we have to change the ordinance, then we will or if not,

we won?t.



Mayor Pro Tem Rodgers said there is a reason that it was done this way and

said there is a carry-over from the previous alcoholic beverage ordinance. He

said we essentially wanted someone that we could reach out and touch here in

Columbus to ensure compliance with the alcoholic beverage ordinance. He said

that is not to say that we can?t take another look at the

ordinance.



City Attorney Fay said that he and Mr. Pound have discussed the

possibility of an amendment to allow some kind of discount when there is a

multi-location transfer.



After further discussion on this subject, Mr. Perez said their request

would be that there only be one transfer fee charged, if any transfer fee is

charged in this situation. He said their other request is that you consider

allowing corporate names when the corporation is a well-known company of

substantial worth.



After more than fifteen minutes of discussion on this subject, with

members of the Council expressing their views on this matter, the matter was

concluded.

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PUBLIC AGENDA:



MR. WILLIAM MADISON, RE: ORCHARD GROVE MOBILE HOME PARK, ALPINE DRIVE,

CUSSETA ROAD APARTMENTS AND OTHER

PROPERTY:



Regarding Mr. Madison?s earlier attempt to speak to the subject of the

demolition of the property located at 2 Regatta Court and 4213 Alpine Drive,

Mayor Poydasheff then called Mr. Madison forward and said you have a right to

speak as the records indicates that you have a right to redeem the property

because you defaulted on the taxes on the property and Agio purchased the

property.



Mr. Madison said what the Mayor is telling him is the first time that he

has heard this. He said one of the subjects that he wanted to address is the

Orchard Grove Mobile Home Park; however, Councilor Suber asked Mr. Madison if

he would cover the subject of the property on Alpine Drive and Regatta Court

first.



Mr. Madison said he purchased the Alpine Drive property in 1988 and since

that time the Alpine Drive property has been demolished to the tune of

approximately 60 units. He said the last unit standing are those two here with

the exception of those that have been sold under the tax sale. He said the

question that he has this morning revolves around the program of the Community

Development Block Grant, which is a program that he requested these properties

be financed and repaired under. He said he would like for someone to explain

to him who administers this program now and what is it used for and where does

one go to search the records on that particular property. He said it was this

program that was administered by the Housing Authority at that time, which

caused this property to be in such disrepair to the extent of what you see here.



He said this property has been vacant for the last 5 or 6 years. He said

this property compared to the property on the other side of Cusseta Road

Elementary School, which was vacant prior to the Alpine Drive property. He

said the Cusseta Road property on the other side of the school, ?Sweet Gum?

property was vacant in 1996 and is still vacant in 2004. He said this property

is in disrepair and still standing and will be vacant in 2005. He said this

property is not being touched and investigated according to the owner.



Mr. Madison said that property received funds from the CDBG program. He

said he is certainly insinuating something is wrong with that; he said it?s

brutally unfair and have been unfairly administered and he is the person to

stand in the middle to say that?s what it is.



He said he is not going to stand in front of this Council and sweet coat

anything, but he is going to tell the truth. He said the truth is that there is

no justice being delivered for the CDBG money as it pertains to the Cusseta

Road Elementary School property versus the Alpine Drive property. He said he

stated that some six years ago and will continue to say that. He said he would

like for someone to address the CDBG program where it is today.



City Manager Cavezza said this property was sold to Agio Corporation on

July 6, 2004 and said the issue that Mr. Madison raises he has raised many,

many times. He said several years ago they addressed these questions. He said

he invited Mr. Madison along with his attorney into his office and had the

representatives from the Housing Authority, CDBG program as well as himself

being there. He said they taped the discussions and answered all of Mr.

Madison?s questions and also gave him a copy of the tape; therefore, all these

issues have been addressed.



He said he will try to find a copy of the tape and he would like to

provide Mr. Madison a copy of that tape.



Mr. Madison then responded to those comments of City Manager Cavezza,

saying he agrees with everything that has been said by City Manager Cavezza;

however, said during that meeting, he went on further to state that he said

they would get back with him within 30 days, but that has been over 2 years ago

and he has not heard from any one of those persons.



City Manager Cavezza said the meeting that they had at that time concluded

the discussions and they gave him all the information that he needed. He said

the intent of that session was not to have to get back with Mr. Madison, but to

get all the answers on the table at that time.



After further discussions continued on this matter, City Manager Cavezza

then responded to questions of members of the Council.



Mayor Poydasheff then asked City Manager Cavezza to review the tape and

provide a copy of that tape to Mr. Madison.



Mr. Madison said as it relates to the property on the right side of

Cusseta Road Elementary School, the last time he was before this Council, we

discussed this issue, and he was informed that this was all in litigation.

However, he went to the owner two weeks ago and said there is no litigation

whatsoever pending on this property. He said the property is still vacant and

uninhabitable and no one is coming forth with answers. He said if his property

can be torn down there ought to be some fairness in this City. He said he wants

that property to be demolished or fixed up or someone to answer for it.



City Manager Cavezza said he is aware of the property that Mr. Madison is

talking about and said they are still working with HUD on this matter. He

said there has been some litigation and complicated factors; however, we really

do want to get it fixed up. He said the individual who owns it is trying to fix

it up, but she has health problems right now. He said they are considering

foreclosure on that property, but there are bank liens against it, and we are

working with HUD to try to come up with a satisfactory solution; however, we

don?t have one yet.



Mr. Madison said that is the same answer that he got a year ago and he is

saying to this Council, it is time for these kinds of answers to stop. He said

the lady who is out there, went into a meeting that was held by this City, and

that lady stated, and this is a fact, ?if you give that property to that nigger

before you give it to me I will have all of your ("whatcha ma call it"). He

said he is tired of the City Manager being here and keep telling him that this

property is in litigation. He said he is sick of that answer and he thinks this

Council should sit down with him and discuss this. He said he would be willing

to bring forth his witnesses in a closed session, or however you want to handle

it. He said he thinks it is brutally unfair for this Council to hear him over

and over again and not do anything about it.



Councilor Turner Pugh said she would request that the City Manager have

HUD to write us a letter advising us as to where they are and what are their

plans as it relates to the property, because we have been talking about this

property for a long time.



City Manager Cavezza said he signed a letter to HUD the other day asking

them to expedite the answer because we need to move forward.



Regarding the Orchard Grove Mobile Home Park, Mr. Madison said he is

asking again that an escrow account be established for those residents who live

in the Orchard Grove Mobile Home Park to assist them in their relocation. He

said he has looked at the contract and there is nowhere provided in the

contract whatsoever, for anyone to receive any assistance from anyone. He said

if those citizens ask for money, there is no requirement for anyone to assist

them in any manner and that is the question.



Mr. Madison then held up a bible and said this is his Code, and it demands

fairness and said he is not getting it.



*** *** ***



MS. THERSA EVANS, RE: TO REQUEST A WAIVER ON A LATE FEE FOR AD VALOREM

TAXES ON HER

VEHICLE:





Ms. Evans did not respond when she was given the opportunity to address

the Council.



*** *** ***



MR. PAUL OLSON, RE: ORCHARD GROVE MOBILE HOME

PARK:



Mr. Olson said he is here before the Council this morning to talk about

the Orchard Grove Mobile Home Park because he really believes that there is

really some impropriety in the Orchard Grove Mobile Home Park deal. He said on

last week, the City Manager said when he started negotiations in 2000 with A.

H. Dudley, III and Perry Buck, who is the brother of Brent Buck; and they

wanted

us to pay $2 million to purchase this property.



Mayor Poydasheff said they wanted $2,236,000.



Mr. Olson said on October 25, 2004 A.H. Dudley, III and Perry Buck sold

this property for $837,585.00 to Brent Buck; who is the agent for Orchard Grove

Park, LLC.





Mayor Poydasheff said that was brought out on last week. He said when City

Manager Cavezza was going through the history all of these facts were brought

out.



Mr. Olson said a week before that the City Manager signed a contract on

October 8th and we the citizens of Columbus paid $1,050,000 for this property;

but a week later it was sold to Brent Buck?s brother and A. H. Dudley, III for

$837,585.00. He said when City Manager Cavezza started negotiating with Brent

Buck in July, Brent Buck was not the agent for Orchard Grove, LLC. He said it

was not established until August 18th; 45 days later and Brent Buck made

$213,000 off the backs of the citizens by being a broker in this situation.



Mr. Olson said when they made this deal it was August and it was completed

in November. He said he called the Tax Commissioner?s office and talked with

Mr. Clouatre and asked him how can a person get away with four years of not

paying back property taxes; who told him that he was just working on the 2001

list right now. He said Mr. Clouatre told him if they are one year behind in

their property taxes at the end of that year, in the month of January, it is

printed in the newspaper and the first Tuesday in February at 10:00 a.m., on

the courthouse steps, it is auctioned off.



He said when the City Manager was doing the negotiations, the property was

four years behind in property taxes, plus Mr. Dudley had a $42,000 lien on the

property that was owed to the State in taxes. He said in looking at the

contract, there were 62 units; but the City Manager stated there were 85 units.



Mr. Olson spoke for some nine minutes in expressing his concerns regarding

the purchase of this property made by the City of Columbus saying in this

contract, it states that there is no imminent domain; therefore, the City nor

the seller has to pay for the relocation. He said the people who are really out

on this deal, are the citizens, for overpaying for this property and also the

people who are living in these mobile homes that will have to find another

location. He said the newspaper has stated that they will be going to another

mobile home park that Mr. Brent Buck owns. He said overall, he finds it a

travesty that we do business such as this. He said if it were anyone else, if

they were one year behind in their property taxes, they would be out on the

auction block.



He said when the Mayor talks about property tax constraints, he thinks

when we are three years behind in the Tax Commissioner?s office of bringing

these properties to the front. He said he doesn?t think it should be too

difficult in the computer age to have a program whereby all those who are

behind in their property taxes should be in one printout.



Mr. Olson said he thinks in this situation, Mr. Buck was shown special

privileges and he has a real problem with it and he thinks the citizens should

also have a problem with it. He said the way the City has conducted themselves

in this transaction is unspeakable.



Councilor Woodson said that Mr. Olson has made a lot of allegations

regarding this matter and then asked City Manager Cavezza if he would put

together an information sheet for her to provide to the residents of the

Orchard Grove Mobile Home where it states in the contract that they are going

to be assisted in the moving process, as well as those who have already been

assisted.



City Manager Cavezza said the contract does require relocation and said

the data he showed on last week is accurate data; and it is a good business

deal. He said there was a lien, but the lien was paid off before the purchase.

He said he thinks that we made the right decision in doing that. He said the

people would be relocated at Mr. Buck?s expense and said he has already

relocated some people. He said a few of the people he sold the trailers to for

$10.00 and they opted to move on their own and take their trailers.



He said it is one of these ongoing things where he is working with the

people. He said everyone is not happy, but he is working in compliance with

what the contract says.



*** *** ***



TAX COMMISSIONER:



Councilor Turner Pugh then said we need to contact the Tax Commissioner?s

office to determine if she wants to come before the Council to respond to those

allegations that were made against her office.



*** *** ***



MR. KENNETH CLAY, RE; ONGOING PROBLEMS WITH BUSINESSES IN

COLUMBUS:





Regarding the subject matter that Mr. Clay is listed on the agenda to

discuss, Mayor Poydasheff asked him, if there is something that the Council can

do regarding his ongoing problems with businesses in Columbus. He said your

problem is with the businesses and you should be discussing it with them and

not the Council. He then asked Mr. Clay what is the nature of his problems. He

said this is the third time that you have been before this Council and we have

tried to settle a number of things.



Mr. Clay said as a concerned citizen he would like to speak on behalf of

the Kenneth Walker family.



Mayor Poydasheff said he would like for Mr. Clay to speak on his behalf.

He said it is not his constitutional right. He said you have requested to be

listed on the public agenda to discuss ongoing problems with businesses in

Columbus and said if you wish to speak on another issue, you will have to wait

until the end of the meeting. He said at that time, you could come up and talk

about anything that is on your mind.



Mr. Clay said part of his issue is the problem that he has had with

ongoing businesses. He said it is not the City?s duty to do anything in

regards with what problems he has and have had with the businesses in Columbus.

He said since these businesses pay taxes to the City of Columbus, that?s why he

is coming to the Council. He said he has a problem with a business using the

City, abusing the Police Department and their reinforcement of all of these

things that have happened to him since he has been here. He said he has

protested on a lot of issues and he has been arrested for it. He said they

didn?t use that issue as him protesting as his constitutional right, but they

went around finding loopholes in the system to have him arrested. He said St.

Paul Traveler?s Insurance Company, their lawyer calling him the ?n? word.



Mayor Poydasheff said if Mr. Clay has a problem with a business and feels

that he has been aggrieved by a business, he should get representation and

speak to an attorney to address that issue, because the Council cannot and will

not address an issue that concerns something that is private between you and

another citizen. He said a business that is incorporated, under the 14th

Amendment is a citizen, or if it is a private organization that is not a

corporation, but the owners of that business, because the Council can?t address

that.



He said the Mayor Pro Tem suggests that you go to the Better Business

Bureau to address this matter with them.

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



VARIANCE:



Councilor Davis said there is an item on the City Manager?s Agenda, Number

4; where he is part of a corporation and he has a relationship to this item;

therefore, he would like to request that he be excused from voting on this

issue. Mayor Pro Tem Rodgers then made a motion that Councilor Davis be excused

from voting on this matter. Seconded by Councilor McDaniel and carried

unanimously. (See below for additional information on this subject, the

adoption of Resolution Number 550-04)



CITY MANAGER?S AGENDA:



THE FOLLOWING THIRTEEN RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY

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

MOTION MADE BY MAYOR PRO TEM RODGERS AND SECONDED BY COUNCILOR MCDANIEL, WHICH

CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:





A Resolution (537-04) - Requesting support for the development of a Joint

Land Use Study (JLUS) for Fort Benning by the Department of Defense.



A Resolution (538-04) - Adopting the Columbus Consolidated Government?s

FY-2006 Holiday schedule.



A Resolution (539-04) - Requesting that the local legislative delegation

mandate funds collected for waste tire removal be placed in the hazardous waste

fund and solid waste fund.



A Resolution (540-04) - Requesting that the local legislative delegation

to introduce and/or support legislation to fund the Greenspace Program.



A Resolution (541-04) - Requesting that the local legislative delegation

support legislation to continue funding for the Family Coalition.



A Resolution (542-04) - Requesting that the local legislative delegation

introduce legislation to repeal Section 4-623 of Columbus Charter to delete the

Industrial and Port Development Commission.



A Resolution (543-04) - Requesting that the local legislative delegation

Introduce legislation allowing for concurrent jurisdiction for police and fire,

local and federal, for the Infantry Museum.



A Resolution (544-04) - Requesting that the local legislative delegation

support continued funding for the University of Georgia Cooperative Extension

Service and its county delivery system. Future success in extension

programming is threatened by continuing budget reductions.



A Resolution (545-04) - Requesting that the local legislative delegation

to introduce and/or support legislation that will expedite transfer of state

inmates to the state prison from city/county jail.



A Resolution (546-04) - Requesting that the local legislative delegation

urge funding previously committed to renovate/expand the Trade Center in the

amount of $22,000,000.



A Resolution (547-04) - Requesting that the local legislative delegation

oppose legislation which increases salaries of local elected officials without

a resolution of support from the local governing Authority.



A Resolution (548-04) - Requesting that the local legislative delegation

to introduce and/or support legislation that would permit us to fingerprint

and do a national child crime search on all employees who have or wish to have

one on one contact with children. This would be consistent with the Federal

Child Abuse Prevention Act. We have an ordinance mandating such a search,

however, since Georgia has not opted in to this Act, such checks are not

currently available.



A Resolution (549-04) - Requesting that the local legislative delegation

oppose proposed cuts by the Department of Human Resources Board to the FY2006

Budget for the Department of Public Health (Grant-in-Aid, Tobacco Prevention,

Women?s Health Services).



*** *** ***



THE FOLLOWING RESOLUTION WAS ALSO SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND ADOPTED BY THE

COUNCIL:



A Resolution (550-04) - Authorizing a variance to the City Code Section

17E.1 Signs in the Public Right-of-way, to install a Hilton Garden Inn sign in

the center median of Bradley Lake Boulevard at the intersection of Brookstone

Centre Boulevard.



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

Councilor McDaniel and carried unanimously by those nine members of Council,

with Councilor Davis abstaining from this vote.



*** *** ***



THE FOLLOWING SIX PURCHASING RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY

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

SINGLE MOTION MADE BY MAYOR PRO TEM RODGERS AND SECONDED BY COUNCILOR ALLEN,

WHICH CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:



A Resolution (551-04) - Authorizing payment to Diebold Election Systems in

the amount of $30,066.25. The services are needed to ensure the accurate

operation of the voting system, which includes Program & Printing, Logic &

Accuracy, and Flash Memory cards. Diebold Election Systems is the provider

mandated by the State for the support services. Therefore, the vendor is

considered an only known source.



A Resolution (552-04) - Authorizing the purchase of HAZMAT supplies and

equipment from S & S of Georgia on an ?as needed basis? for the estimated

annual contract value of $35,000.00. These materials are used by the Hazmat

Team to clean up hazardous waste spills. Responsible parties are identified

and billed for approximately 95% of cost of materials used in hazardous waste

cleanup incidents. The contract period shall be for one year, with the option

to renew for four (4) additional twelve- month periods. Contract renewal is

contingent upon the mutual agreement of the contractor and the City.



A Resolution (553-04) - Authorizing the purchase of emergency medical

supplies for the estimated annual contract amount of $103,978.00 from

Southeastern Emergency Equipment, Moore Medical, Supreme Medical Fulfillment,

Inc., and Quadmed, Inc. The various supplies include airway supplies, I.V.

supplies, oxygen supplies, general bandages, exposure control supplies and

miscellaneous items that will be purchased on an "as needed basis? by Fire and

EMS and Public Services Department. The initial contract term is for three

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

Contract renewal is contingent upon the mutual agreement of the City and the

Contractor.



A Resolution (554-04) - Authorizing the purchase of one (1) cab and

chassis from Bill Heard Chevrolet in the amount of $49,127.00; and one (1)

recycling collection truck body from Consolidated Disposal Systems, Inc., in

the amount of $59,051.00. The truck is a replacement and will be used by the

Recycling Collection Division to pick up recycling goods throughout the City.



A Resolution (555-04) - Authorizing the expenditure of appropriated funds,

in the FY05 Budget, to Ace Marketing Services (Smyrna, GA) for the provision of

printing, postage and mail processing services of motor vehicle registration

renewal notices. The Tax Commissioner estimates approximately $45,000 will be

expensed for these services. The Department of Revenue (DOR) has awarded ACE

Marketing Services, the statewide contract (Contract No. 47500-104-0000000044)

to provide printing, postage and mail processing services of motor vehicle

registration renewal notices for all GRATIS (Georgia Registration and Title

Information System) counties. Due to the volume generated by all GRATIS

counties, the contract provides the lowest cost compared to similar services

contracted to vendors in each county.



A Resolution (556-04) - Authorizing the purchase of 851 trees from Thom?s

Trees and Plants, Inc., in the amount of $81,406.00. The trees will be planted

on various right-of-ways throughout the City and will be used as new plantings

and replacements for trees damaged or killed due to weather conditions.



*** *** ***



UPCOMING EVENTS:



City Manager Cavezza highlighted some upcoming events as outlined below:



o Investiture of Judge-elect Bobby Peters, today at 12:30 p.m., Plaza



o Open House, Convention & Visitors Bureau, today at 3:00 - 6:00 p.m.



o Mayor?s Prayer Breakfast, December 21st, 7:30 a.m., Plaza.

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

CLERK OF COUNCIL'S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR &

COUNCIL:





(1) Notice of the NACO 2005 Legislative Conference, March 4 - 8, 2005,

in Washington, D.C.



*** *** ***



THE FOLLOWING RESOLUTION WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND

APPROVED BY THE

COUNCIL:





A Resolution (557-04) - Approving the report of the Finance Director of

those

alcoholic beverage licenses that were approved and/or denied during the month

of November 2004. Mayor Pro Tem Rodgers moved the adoption of the resolution.

Seconded by Councilor Allen 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:



Council Briefing, June 8, 2004.

Pension Plan, Employees? Board of Trustees, August 4, 2004.

Pension Plan, Employees? Board of Trustees, September 15, 2004.

Pension Plan, Employees? Board of Trustees, October 6, 2004.

Pension Plan, Employees? Board of Trustees, November 3, 2004.

Tax Assessors, No. 46.



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

Councilor McDaniel and carried unanimously by those nine members of Council

present for this meeting.



*** *** ***



THE FOLLOWING NEW ZONING PETITION RECOMMENDED FOR CONDITIONAL APPROVAL BY

BOTH THE PLANNING ADVISORY COMMISSION AND THE PLANNING DIVISION WAS SUBMITTED

AND EXPLAINED BY CLERK OF COUNCIL WASHINGTON AND AN ORDINANCE AND PUBLIC

HEARING WAS CALLED FOR BY MAYOR PRO TEM RODGERS:







Petition submitted by David Cummings to rezone approximately 0.16 acre of

property located at 1213 - 18th Street from an R-3A District to a C-3

District. (68-CA-04-Cummings)



*** *** ***



BOARD APPOINTMENTS:



CIVIC CENTER ADVISORY BOARD:



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

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

resigned his seat on the Civic Center Advisory Board.



*** *** ***



BOARD OF ELECTIONS & REGISTRATION:



Clerk of Council Washington pointed out that she has outlined the seats of

those three individuals whose term of office would expire on December 31, 2004,

which includes Margaret Jenkins, Eleanor White and Walter Wright.



Councilor Allen made a motion that those three individuals be reappointed

for another term of office. Seconded by Councilor Woodson and carried

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



*** *** ***



HOSPITAL AUTHORITY OF COLUMBUS:



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

Laverne Jackson and Ms. Nancy Rinn on the Hospital Authority expired on

November 14, 2004. She said Ms. Jackson is not eligible to succeed herself,

but Ms. Rinn is. She also pointed out that Ms. Rinn has been nominated for

another term of office and that we need two additional nominees for Ms. Rinn?s

seat and three nominees for Ms. Jackson?s seat; from which the Hospital

Authority will select their successor.



Councilor Allen nominated Mr. Tracy Lamar Sayers for Ms. Lavern Jackson?s

position. Councilor Anthony also nominated Mr. Rick McKnight for Ms. Lavern

Jackson?s seat as well.



*** *** ***



RECORDER?S COURT JUDGE PRO TEM:



Councilor Allen said he just wanted to let the Council know that he has

discussed with a few attorneys, this position of Recorder?s Court Judge and he

would like to ask for the Council?s indulgence of a delay for the appointment,

if no one has any nominees.



Mayor Pro Tem Rodgers said we could make nominations today.



Councilor Suber said it is his understanding that Mr. Alonzo Whitaker has

turned his information in for this particular position; however, Clerk of

Council Washington pointed out that he did come by the office to pick up the

application, but he has not returned it.



Councilor Suber then placed Mr. Whitaker?s name in nomination for the

Recorder?s Court Judge Pro Tem?s position.



City Manager Cavezza said the way we do Recorder?s Court Judges is that

the Human Resources Director gathers those applications. He said he has

advertised the position in the Columbus Ledger and other journals and when he

receives all those applications in; then he will bring them forward.



Councilor Suber said if it is a Council?s appointment, then why are we

advertising it.



City Manager Cavezza said what they are doing is filling the Environment

Court Judges? position, but there is a Recorder?s Court position that will be

appointed by the Council; however, we will bring both positions to the Council

so that you are aware of them.



Mayor Poydasheff said you are going to have to add Mr. Whitaker?s name.

City Manager Cavezza said if he applied for it, then he will be considered for

it. He then asked what position has he applied for, was it the Environmental

Court Judge or the Recorder?s Court Judge position.



Councilor Suber said he thought that it was the same Judge, but either

way, he has applied for both of them.



City Manager Cavezza said they would make sure that everyone who has

applied is certainly considered.



Mayor Pro Tem Rodgers said there should not be any differential between

the Recorder?s Court Judge and the Environmental Court Judge because they are

both Recorder?s Court Judges.



However, City Manager Cavezza said when they brought the Environmental

Court Judge before the Council previously that was for the creation of the

position. He said we have been hiring that individual administratively because

we have had some turnovers. Mayor Pro Tem Rodgers said you shouldn?t have

been.



City Manager Cavezza said we had two Judges and then they reduced it to

one Judge. He said they had two part-time judges and then reduced it to one.



Mayor Pro Tem Rodgers said the concept to the makeup of Recorder?s Court

is still the same; it is just that we specifically setup an Environmental Court

that was going to be manned by one of the existing Judges. He said he thinks

that they should all have to meet the same criteria.



City Manager Cavezza said they would go back and review it to make sure

that they are following the proper procedures. Mayor Pro Tem Rodgers said he

thinks the process that we have set up is simply to allow the Human Resources

Director to ensure that the criteria that the Council has established for this

position have been met. He said after he checks to see that they have been met

the requirements, and then we can nominate someone to the position.



Councilor Suber then asked if in the Recorder?s Court position, does the

recommendation have to come from this Council or does it go to the Human

Resources Director, because we are not talking apples and apples here.



Mayor Pro Tem Rodgers said the recommendation and nomination is going to

come from this Council, from an individual Councilor, but because of

difficulties we ran into previously; we as a Council, established a certain

minimum criteria that each one of the applicants or nominees had to meet.



Councilor Suber then asked if that was for Environmental Court or

Recorder?s Court, to which Mayor Pro Tem Rodgers said Recorder?s Court.



Mayor Pro Tem Rodgers said the questionnaire that went out, which was

attached to the nomination sheet has been in place for several years now, so it

would have had to apply to Recorder?s Court Judges.



Mayor Poydasheff then asked the City Manager to get the information so

that all of the Council members are aware of those procedures. City Manager

Cavezza said he would get together with the City Attorney in this regard.



Councilor Hunter said with regards to the Environmental Court, he always

thought that it was under the auspices of Recorder?s Court and either one of

the Judge Pro Tems should be able to handle the Environmental Court during its

monthly sessions. He said it is his understanding that one of the Pro Tem?s was

appointed to basically handle the Environmental Court cases, but the other Pro

Tem ought to be able to fill in for that person.



He said he recalls when he was appointed as Recorder?s Court Pro Tem he

was nominated by a member of the Council. He said he submitted some information

in regards to his background and someone on the Council nominated him.



After more than ten minutes of discussion on this issue, this matter was

concluded.



*** *** ***



RECREATION ADVISORY BOARD:



Clerk of Council Washington pointed out that she is still working on

getting a nominee for Council District 3 to succeed Mr. Robert Loving who has

resigned, as well as a nominee for Council District 4, Mrs. Debra Aldridge?s

seat, who is deceased. There were no nominations.



*** *** ***



Mayor Poydasheff then called Mr. Kenneth Clay to come forward to speak to

any other issue that he may want to address to the Council.



Mr. Kenneth Clay said he is just here to speak as a concerned citizen on

behalf of Kenneth Walker?s family and showing the concern as far as what steps

have the City taken to deal with this issue.



Mayor Poydasheff said all of us have concerns for the Walkers, the fact is

that the City, the Sheriff and others are presently in litigation; therefore,

we cannot discuss the merits of the case in this forum, because it is in court.



Mr. Clay said he don?t want the merits of the case discussed, he is here

saying that he is concerned as others are, in regards to the City dealing with

this matter. He said he would be concerned with all citizens that have

problems in the City of Columbus, whether black or white. He said it is not

just about Kenneth Clay, but it is also about Kenneth Walker, because that

could have been him.



*** *** ***



Mayor Poydasheff then asked if there was anyone else who wanted to

address the Council.



NAACP:



Mr. William (Bill) Madison said every two years, the NAACP holds its

election process and he would like to announce that this year, the election

process will be held on January 4, 2005, from 6:00 - 9:30 p.m., at the

Cathedral of Prayer Church on Buena Vista Road. He said individuals could cast

their vote for the President, Vice-President, Second President and the staff

that will be elected.



He said he would ask that each of the Council cast a vote for him, as he

is running for President of the local Chapter. He said as we have heard from

Mr. Edward Dubois that he is stepping down and going in another direction.

He then wished holiday greetings to the Mayor and Council.



*** *** ***



RESOLUTIONS



Councilor Davis said he would like to ask the City Attorney to prepare a

resolution congratulating Coach Randy Whitt of Columbus High, who was named

Coach of the Year, for Cross Country. Also, have the staff to prepare a

resolution

congratulating Attorneys Jim Butler and Ed Sprouse, who were recently honored

in the Georgia Trend Magazine.



*** *** ***



With there being no other business to come before the Council, Mayor Pro

Tem Rodgers then made a motion for adjournment. Seconded by Councilor Woodson

and carried unanimously by those ten members of Council, with the time being

10:30 a.m.



*** *** ***







Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia