Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

APRIL 16,

2002





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

order at 9:05 A.M., Tuesday, April 16, 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 Henderson, Julius H. Hunter, Jr., Charles E.

McDaniel, Jr., Robert Poydasheff, and Richard Smith. 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 Evelyn

Woodson took her seat at the Council table at 9:06 a.m., Councilor Evelyn

Turner Pugh took her seat at 9:07 a.m. and Councilor Nathan Suber took his seat

at 9:10 a.m.



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ABSENT: No one was absent.



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INVOCATION: Offered by Reverend Larry Biggers - Pastor of Northside Chapel.

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PROCLAMATION:



?ADMINISTRATIVE PROFESSIONALS WEEK?:



With Ms. Jeanne Sensing, President of Port Chapter of International

Association of Administrative Professionals and several of the members standing

at the Council table, Mayor Peters read his proclamation, proclaiming the week

of April 21 ? 27, 2000, as ?Administrative Professionals Week?, in Columbus,

Georgia.

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BROWN AVENUE BRIDGE:



Mayor Peters pointed out that the State has agreed to replace the bridge

on Brown Avenue for the City. He said we had been talking about some repairs

needed there, and this was some good news for us.

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MINUTES: Minutes of the April 2, & 9, 2002 meetings of the Council of the

Consolidated Government of Columbus, Georgia were submitted and approved upon

the adoption of a motion made by Councilor Allen and seconded by Councilor

Poydasheff, which carried unanimously by those nine members of Council present

at the time, with Councilor Suber not having yet taken his seat.

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COURT REPORTER:



Councilor Poydasheff noticed that there was a court reporter seated at the

Council table, and said he would like to know for the record, who is she,

and what is the purpose of her taking down the proceedings of the Council

meeting.



City Manager Cavezza said she is here for the purpose of the hearing that

will take place on the Public Agenda.

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PLEDGE OF ALLEGIANCE: Led by students from Arnold Magnet Academy Student

Council.

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CARRY OVER ITEM FROM LAST WEEK?S COUNCIL MEETING:



Mayor Peters pointed out that there was a carry over item from last week?s

Council meeting, which resulted in an inconclusive vote. He said Councilor

Suber had made a request that Mr. Wright?s request to grant him a waiver on the

penalties that he paid for his taxes.



Councilor Suber said his motion to allow Mr. Wright not to have to pay the

penalties that was assessed to him for making a late payment on the

reassessment of his home. He said he just felt that due to extenuating

circumstances that we ought to excuse him from having to pay that additional

penalty. Seconded by Councilor Smith.



Mayor Peters then asked Tax Commissioner Huff if she wanted to be heard on

this matter? Councilor Suber then pointed out that Mr. Wright is not present in

the audience and said that he doesn?t think it would be appropriate, because

Mr. Wright is not here yet, to respond to whatever is going to be said.



Mayor Peters said he just didn?t want to deny an elected official the

opportunity to be heard; however, Councilor Suber said he don?t want to deny

her the opportunity to be heard, but he thinks it would be unfair if we take

another vote and someone changes their mind and Mr. Wright is not here to

respond, then we will be back in the same situation as before,



Councilor Suber then asked that we defer this matter until such time as

Mr. Wright is present in the Council Chambers. (See below for final action on

this matter)

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ZONING PUBLIC HEARINGS:



There were no Zoning Public Hearings scheduled for today?s meeting.



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CITY ATTORNEY?S AGENDA:



THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY CLIFTON FAY AND ITS FIRST READING CONTINUED FOR ONE ADDITIONAL WEEK:







An Ordinance ? Amending Section 21-14 of the Columbus Code so as to

increase the membership of the Columbus Taxicab Commission from seven members

to nine members with the two additional members serving at-large.



Councilor Henderson said he has spoken with Mr. Wallace Archie, Chairman

of the Taxicab Commission, but said they have not been able to sit down and

talk about it. He said it is his understanding that they took a vote and did

vote with the Commission to add the two members. He said he did not mean to

mislead them in thinking that the addition of these members and the

consideration of that addition by this Council were contingent upon a vote. He

said personally, he was more interested in the reasoning of those who opposed

the additional members. He said since he and Mr. Archie has not had an

opportunity to really discuss it and share his views the way he requested, he

would request that we delay the ordinance one additional week. Seconded by

Councilor Suber and carried and carried unanimously by those ten members of

Council present for this meeting.



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

ATTORNEY CLIFTON FAY AND INTRODUCED ON FIRST

READING:



An Ordinance - Canceling the work Session of Columbus Council for Tuesday,

June 25, 2002 and scheduling a regular Council meeting for Thursday, June 27,

2002 at 9:00 a.m. on the Plaza level of the Government Center.



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THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY

ATTORNEY CLIFTON FAY AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A

SINGLE MOTION MADE BY COUNCILOR POYDASHEFF AND SECONDED BY COUNCILOR ALLEN AND

CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:



A Resolution (163-02) - Authorizing the execution of a Grant Agreement by

the Federal Aviation Administration, the Columbus Airport Commission and

Columbus, Georgia to enable the acceptance of $360,000.00 that will fund the

removal of obstructions from the runway protection zones.



A Resolution (164-02) - Authorizing the execution of a Grant Agreement by

the Federal Aviation Administration, the Columbus Airport Commission and

Columbus, Georgia to enable the acceptance of $1,745,800.00 that will fund the

rehabilitation of Airway 5/23, installation of guidance signs, improvement of

an access road, acquisition of a handicap passenger lift device, conduction of

a terminal building blast analysis and acquisition of security equipment.

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CESSNA:



Mayor Peters said we had an announcement yesterday at the Chamber of

Commerce where we have a company that has been in business for many years

making propellers has teamed up with Cessna, as a subsidiary of Cessna, and

will be moving their operations to Columbus creating approximately 100 jobs.

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BUDGET:



Mayor Peters said that the City Manager and Finance Department have been

working on the budget and said that our revenues have drastically dropped this

year and said it is not going to be easy to balance the budget.

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PUBLIC AGENDA:



ATTORNEY ALAN BEGNER, REPRESENTING STARSHIP ENTERPRISES OF ATLANTA, INC.,

RE: DENIAL OF A BUSINESS LICENSE APPLICATION:



Attorney Begner said he is present here this morning to ask the Council to

overturn the denial of the business license for Starship Enterprises. He said

he has provided the Council with a letter that was faxed on yesterday. He said

he has practiced First Amendment Law in Atlanta for twenty years and said he

would like to make his constitutional challenges on the record in order not to

waive them. He said the Columbus Licensing scheme, like others must allow for

adult materials without adult licensing, because the First Amendment is

triggered and Georgia?s First Amendment, Article One, Section One, Paragraph

Five, a licensing scheme such as your, is a prior restraint on the First

Amendment and violates FWPBS Dallas, Texas for two reasons: (1) Business

licensing schemes involving First Amendment material cannot allow people too

much discretion in whether or not you get the license that occurred here, and

(2) The processing and appeal of such a license application takes too much time

and violates FWPBS as a prior restraint on the First Amendment.



Attorney Begner said your licensing scheme also violates due process, and

Article One, Section One, Paragraph One of the Georgia Constitution because as

he stands here today, you are presuming that the business license decision is

valid instead of requiring the maker of that decision to appear before you and

say why the license should have been denied. He said you have shifted the

burden of proof from the licensing department to him. He said you do not allow

cross-examination and you don?t give him more than five minutes to prove his

case. He said all of these violate procedural due process. He said in addition

to the application at hand, this is kind of an example of no good deed goes

unpunished. He said Starship Enterprise has applied for a novelty store license

and said they have a dozen or more in the Atlanta area, none of which has ever

needed an adult license, because you have a very small amount of adult

material.



He said instead of processing the application, the City and the

Consolidated Government required him to take out a building permit and spend

$65,000 to renovate the building before the license application would be

processed or would be decided. He said the granting of building permits is a

certification under Georgia law that the application is properly zoned for the

use requested.



Attorney Begner said the Licensing Department then made his client stock

his shelf and pay the additional money to bring goods and materials before the

initial decision was made.



Councilor Poydasheff asked Attorney Begner if he was suggesting that

bringing the building up-to-date, the $65,000 is a First Amendment violation.



Attorney Begner said it is, and it is also a violation of zoning and

building laws. He said he is also making his argument on due process violations

and said now he is shifting to a combination of First Amendment and building

/zoning violations under due process.



He said he doesn?t believe this is a usual course of action, but said he

was required to spend the money to stock the shelf so that the business

licensing people could see whether or not he was going to sell certain things

and if he was telling the truth. He said this is also prior restraint. He said

he did in fact stock his shelf. (Attorney Begner then introduced Mr. Kelly

Rogers who was standing at the podium with him.)



Attorney Begner said applicants for businesses are citizens of this City

also, and said it is improper not to tell an applicant what he can and can?t do

to get the license that he seeks instead of simply denying it without factual

grounds.



Mayor Peters then asked Attorney Begner, what if he was told in advance

that he could open that business, as long as he was in the proper zone and he

alleges that there are buildings in the location downtown where he wanted to

be, which are properly zone, but the problem was that the people who owned the

businesses didn?t want to lease or rent to him.



He knew before he could get his business license that he had to find a

location that was properly zoned; and said if he went out and spent a lot of

money on a building and then went out and said he wanted to move in, but they

told him because he was not in a proper zone, which is a totally different

scenario then what you are putting out here today.



Discussions continued on this matter for several minutes with Attorney

Begner continuing to make his presentation and Mayor Peters and several members

of the Council expressing their views on this subject.



Attorney Begner also responded to questions of the Mayor and Council,

after which in his conclusion said he thinks the Council should grant this

license because you must. He said you have no discretion because his client,

Mr. Rogers meets the requirements and your remedy, after he opens, if he

doesn?t meet the requirements, is to seek a revocation, but said it is improper

to come to someone and say, I will not tell you why, what you have in mind,

doesn?t meet the requirements so as to deny the license, and he asks that this

Council overturn that decision.



City Attorney Fay said in the zoning ordinance adult bookstore is defined

as any commercial establishment, which is offered to sell any book or

publication, film or other medium which depicts nudity or sexual conduct. He

said Director of Finance Kay Love is present in the Chambers and said that she

is available for cross-examination. He said she has an inventory sheet that

shows all these adult items that were located in the store. He said Attorney

Begner could ask Ms. Love any questions that he desires. He said an adult

bookstore or novelty shop has to be located in a C-1 zone under our Zoning

ordinance.



Attorney Begner then responded to several questions of members of the

Council.



City Attorney Fay then responded to several questions of Mayor Peters and

members of the Council as it relates to a hearing for Attorney Begner, after

which Councilor Hunter made a motion that we continue the hearing, to allow

Attorney Begner to prepare for his case, get together whatever evidence and

witnesses he wants to and then come back to the Council. Seconded by Councilor

Poydasheff



City Attorney Fay said the letter from Attorney Begner dated April 15th,

it doesn?t have a citation of authority. Councilor Henderson asked that we ear

from the staff.

Director of Finance Kay Love said the reason they appeared on the Public

Agenda is because there is no formal process for denial of a business license

in the Code where alcohol is not involved. She said typically they are for

non-renewals or revoking a license that exist. She said this license did not

exist and said when there was a question regarding the denial, she instructed

someone calling from Attorney Begner?s office that their vehicle to go before

the Council regarding their comments to them, was the Public Agenda.



Mayor Peters said he thinks the avenue would be for them to get a mandamus

in Court requiring us to issue the license versus a hearing before the Council,

arguing why it was not granted. City Attorney Fay said that is a legal remedy

that is available for this type of situation.



Ms. Love then went into some details in outlining the account of events

and how this matter first begin in the process, pointing out that the

Certificate of Occupation was denied, and said because that was denied, they

could not issue a business license. She said the Certificate of Occupation

based upon zoning, saying that location is under a C-3 zone.



Ms. Love then responded to several questions of Mayor Peters and members

of the Council regarding this matter.



After continued discussions on the matter, Councilor Poydasheff then

called the question on the motion, with Mayor Peters then clarifying the motion

stating that the motion is to continue the matter and allow the Attorney to

request a hearing when he is prepared to do so, which Councilor Hunter stated

that is correct.



The question was then called on the motion, which carried unanimously by

those eight members of the Council present at the time, with Councilor Allen

and Mayor Pro Tem Rodgers being absent for this vote.



Mayor Peters then stated that whenever Attorney Begner is ready we would

provide him with a hearing.



After some thirty minutes of discussion continued on this issue, with

Mr. Kelly Rogers responding to further questions of Mayor Peters and members of

the Council, this matter was concluded.

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JACK WRIGHT MATTER:



With Mr. Jack Wright now being present in the Council Chambers, Councilor

Suber then asked that we proceed with this matter that resulted in an

inconclusive vote to grant Mr. Wright?s request to not require him to pay the

penalty for a late payment on his property taxes.



Mayor Peters then called Tax Commissioner Lula Huff to come forward. Ms.

Huff said that she wanted to ask a question of the Clerk of Council, which was

whether or not the letter she addressed to the Council of March 29, 2002, is it

a part of the minutes. Clerk of Council Washington stated that it is.



Ms. Huff said every effort is made by the Tax Commissioner?s Office to

provide courteous prompt, efficient service to all of its customers and those

customers are its citizens, State of Georgia, the School System, as well as the

Consolidated Government; and the other item is to uphold the Georgia law and

said they will do exactly that.



Mayor Pro Tem Rodgers then restated the earlier motion made by Councilor

Suber, which was seconded by Councilor Smith, saying it is to abate the penalty

that Mr. Wright was charged on his taxes. He then called the question on the

motion, which carried by a vote of 6 - 4.



Voting for the motion was Councilors Henderson, Suber, Woodson, McDaniel, Smith

and Poydasheff. Voting against the motion was Councilors Turner Pugh, Allen,

Hunter and Mayor Pro Tem Rodgers.



Councilor Poydasheff said he doesn?t want anyone to interpret his vote as

in any way indicating that the Tax Office is anything but a first class

organization, with a first class Tax Commissioner.

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CITY MANAGER?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND ADOPTED BY THE

COUNCIL:



A Resolution (165-02) - Authorizing the City Manager to transfer property

described as Exhibit A, B, C, D, and E, attached hereto and made a part hereof,

and further identified as Parcels 2, 3A, 4 and 5, on the attached map,

consisting of 8.64 acres +/-.



City Manager Cavezza said what they would like to do is to put a training

facility and office building behind the area of Muscogee Manor on Schatulga

Road. He said over the years, there has been a little bit of encroachment on

our property with some of the modifications that they have made to some of

their existing facilities and said we want to correct that. He said it is all

packaged in this particular request.



Councilor Poydasheff moved its adoption. Seconded by Councilor McDaniel and

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



Councilor Turner Pugh said according to the information included in the

Agenda packet, the land will be used strictly for an administration building.

City Manager Cavezza said that is correct, as well as a training building. He

said that is stated in the agreement as well.



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THE FOLLOWING NINE PURCHASING RESOLUTIONS, WITH DETAILED

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

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

THE ADOPTION OF A SINGLE MOTION MADE BY COUNCILOR POYDASHEFF AND SECONDED BY

MAYOR PRO TEM RODGERS, WHICH CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS OF

COUNCIL PRESENT FOR THIS MEETING:







A Resolution (166-02) - Authorizing the execution of a contract with

Wayne Evans Auction to provide auctioneer services on an ?as needed basis?.



A Resolution (167-02) - Authorizing payment to the Medical Center in the

amount of $15,716.06 for Worker?s Compensation Claims.



A Resolution (168-02) - Authorizing the purchase of an outdoor

emergency warning siren system from McCord Communications.



A Resolution (169-02) - Authorizing the negotiation of a contract with

JRA Architects, Inc, to provide Development Consulting Services for the Liberty

District Redevelopment Project.



A Resolution (170-02) - Authorizing payment for emergency provision

and installation of automatic doors from Door Specialties, Inc., in the amount

of $14,525.00.



A Resolution (171-02) ? Authorizing the purchase of a waterproof wireless

camera and communication system from Columbus Fire & Safety Equipment Company,

Inc., in the amount of $12, 393.00.



A Resolution (172-02) - Authorizing the purchase of a self-contained

pothole patcher cab and chassis from Bill Heard Chevrolet, in the amount of

$40,000.00 and a truck body from Truck Equipment Sales, in the amount of

$54,839.00.



A Resolution (173-02) - Authorizing the payment to Darton Roofing, Inc.,

in the amount of $15,800.00 for the Emergency Roof repair at Firestone Tire

Company.



A Resolution (174-02) - Authorizing the purchase of auto/remote wall and

bottom cleaning pool vacuum from Multitech USA, in the amount of $18,950.00.



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UPCOMING EVENTS:



City Manager Cavezza highlighted several events that will be going on

throughout the following week, as outlined below:



April 17th - 3rd Annual DUI Reenactment.

2:00 p.m. Groundbreaking for Liberty Theatre Culture Arts Annex



April 20th - Columbus War Dogs Home Game



April 26th ? 28th - Riverfest Weekend



May 2nd ? Ribbon Cutting for Northside Park, 4:00 p.m.



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COOPER CREEK PARK:



Mayor Pro Tem Rodgers said that he and City Manager Cavezza have talked

about this privately and he knows that it is being dealt with, but said there

are a number of people who have contacted him about making sure the gate to

Cooper Creek Park is closed. He said on occasions in the past, they have

encountered some difficulties with activities going on in the back of the park

late at night; simply because the back of the park is accessible by automobile.

He said if we keep the gate closed, they hope to be able to deter that type of

activity back there. He said he has been told that they are now locking that

gate every night.



City Manager Cavezza said that is correct and said that they have also

asked the Police Department to follow up and check to make sure.



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TRAFFIC:



Councilor Woodson said she would like to request that the Engineering

Department send someone out and look at the situation with the traffic at the

South Columbus Super Center across the street from the Baker Village

apartments, near the outpatient clinic area where clients are parking and the

children are running in between those cars to go across the street to the Super

Center.



She said she would like for them to go out there and do some kind of a

survey as she has had several calls from different constituents concerned with

the traffic. She said there are some concerns that a child could be hit,

especially when school gets out for the summer.



City Manager Cavezza said he would have someone to take a look at that

concern.



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TAX DOLLARS:



Councilor Woodson said when she first came on Council seven years ago, she

went through GMA and took several courses to be certified and said at that

time, she was told that any tax dollars that we give to any agency or

organization is public record. She said her perception of that is any amount

that we give, becomes public record. She said she came into a situation where

there were some problems in disclosing some financial situations and said it

was brought to her attention that there is a State law, which she is

uncomfortable with.



She says the State law states that only organizations that receive

one-third of their budget from the Government are considered governmental

agencies and those subject to the disclosure rule and Open Meetings Act.



Councilor Woodson said if we give $100,000 to an agency and their budget

is approximately $600,000 then they don?t have to disclose their financial

records. She said with the understanding that she has, she is uncomfortable

with that.



She said she would like to have some discussion on this at some later date

during a Work Session. She said she can?t see giving tax dollars without

receiving information that the public can go in and inspect these records.

She said she has been told that we can get the information and then we can

distribute it to the constituent.



City Manager Cavezza said he will get together with the City Attorney and

then come back to the Council with a report.



City Attorney Fay said if the government gives an agency $100,000 that

amount is public record. He said in the definition of the State law, the

agency?s budget, if they don?t get more than that one-third, they don?t have to

make their entire budget public.



Several minutes of discussion continued on this matter, with City Attorney

Fay responding to some concerns of Mayor Peters and members of the Council.





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TREE ORDINANCE:



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

Tree Ordinance Committee to check with the following cities that have tree

ordinances: Opelika, Macon, Albany and Eufaula, that exempt or have no

ordinance at all that relates to residential development. He said this is the

first time that he is hearing that and then asked that we get some

clarification from those four cities to verify this information.



City Manager Cavezza said he would let the staff handle this, because for

all intent purposes, the Tree Ordinance Committee has completed its work.

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CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEM WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR AND

COUNCIL:





Letter from Ms. Linda Harper, County Director of Family & Children

Services, Re: Upcoming Vacancy on Muscogee County Department of Family &

Children Services Board.





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THE FOLLOWING RESOLUTION WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND

ADOPTED BY THE

COUNCIL:





A Resolution (175-02) - Excusing Councilor Berry ?Skip? Henderson from the

April 9, 2002 Council Meeting. Councilor Poydasheff moved its adoption.

Seconded by Mayor Pro Tem Rodgers and carried unanimously by those nine members

of Council present for this meeting.





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THE FOLLOWING TEMPORARY STREET CLOSING APPLICATIONS WERE SUBMITTED BY

CLERK OF COUNCIL WASHINGTON AND APPROVED BY THE

COUNCIL:



Application of Ms. Carol Wells for a temporary street closure for the

Dillingham Street Bridge, on May 10, 2002, from 4:00 p.m. to 10:00 p.m. in

connection with a ?College Graduation?. Councilor Poydasheff moved its

approval. Seconded by Mayor Pro Tem Rodgers and carried unanimously by those

nine members of Council present at the time, with Councilor Woodson being

absent for this vote.





Application of Mr. Steve Morse for a temporary street closure for the

north lane of Broadway from the 900 block to the 1000 block, on April 18, 2002

from 5:00 a.m. - 9:00 a.m., in connection with a "Grand Opening Breakfast in

front of the River Center". Councilor Allen moved the approval of this

application. Seconded by Mayor Pro Tem Rodgers and carried unanimously with all

ten members now at the table and voting.





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MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE

COUNCIL:



Airport Commission, February 28, 2002.

Board of Tax Assessors, Numbers 11 & 12 .

C.I.R.C.L.E., February 12, 2002. (Corrected Copy)

Historic and Architectural Review Board, February 7, 2002.

Taxicab Commission, January 9, 2002.

Taxicab Commission, February 6, 2002.

Taxicab Commission, March 13, 2002.

Zoning Appeals, Board of, March 6, 2002.



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

Mayor Pro Tem Rodgers and carried unanimously by those ten members of Council

present for this meeting.





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BOARD APPOINTMENTS:



COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



Clerk of Council Washington again pointed out that Mr. William Flewellen,

Mr. Homer Kuhl, Ms. Mary Crawford and Ms. Clementine Stephens cannot succeed

themselves. She further pointed out that these nominees must come from Council

District One, Five, Three and Two.



Councilors Suber, Hunter, Poydasheff and Mayor Pro Tem Rodgers all

indicated that they would have a nominee during the next few weeks.





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DEVELOPMENT AUTHORITY:



Clerk of Council Washington pointed out that on last week, Councilor Smith

nominated Mr. Dick Ellis for Mr. Jim Buntin's position, and said if there are

no other nominees, he may be confirmed. Mayor Pro Tem Rodgers moved he be

confirmed. Seconded by Councilor Poydasheff and carried unanimously by those

ten members of Council present for this meeting.



She also pointed out that Councilor Poydasheff and Turner Pugh nominated

Mr. Allen Taber for Mr. Frank Etheridge's position and that he may be

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

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



Mayor Pro Tem Rodgers then nominated Mr. Bob Gilson to succeed himself for

another term of office.



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EMERGENCY MANAGEMENT ADVISORY BOARD:



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

nominate someone to fill the seat of Mr. David Grindle, who is no longer a

resident of Muscogee County. There was no nomination made.



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HOUSING AUTHORITY:



Clerk of Council Washington pointed out that the term of office of

Ms. Roxanne Campbell on the Housing Authority will expire on April 30, 2002 and

that she is eligible to succeed herself for one additional term of office.



Mayor Peters said he would like to nominate Ms. Campbell for another term

of office. Mayor Pro Tem Rodgers moved she be confirmed. Seconded by Councilor

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

this meeting.



Councilor McDaniel said Ms. Kathy Vaughn is running for the School Board

and then asked City Attorney Fay if she would have to resign that position to

run or could she stay on the Housing Authority. City Attorney Fay pointed out

that the question had been asked by the Clerk of Council and said that

Assistant City Attorney DeLoach has sent a memorandum to the Clerk to that fact

and said she would need to resign because it would be considered two county

offices at the same time, which is prohibited.



Mayor Peters then asked if she would resign when she is elected or when

she first qualifies. City Attorney Fay said he thinks it is when she is

elected, but said he would check into it.



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KEEP COLUMBUS BEAUTIFUL COMMISSION:



Clerk of Council Washington said a few weeks ago the Council received the

resignation of Ms. Jenny Collins, due to her being appointed to another board,

and said the Keep Columbus Beautiful Commission is asking that Ms. Susan

Anderson be moved up to Ms. Collins? position and that Mr. David Hay be

appointed to succeed Ms. Anderson in the at-large seat.



Councilor Allen then so moved. Seconded by Councilor Woodson and carried

unanimously by those ten members. Councilor Suber then moved they be confirmed.

Seconded by Councilor Poydasheff and carried unanimously by those ten members

of Council present for this meeting.



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RECREATION ADVISORY BOARD:



Clerk of Council Washington pointed out that the term of office of

Mr. Michael Barnett on the Recreation Advisory Board expired on February 28,

2002 and that he is not eligible to succeed himself. She said Mr. Barnett

served as Council District 10 At-large representative. Councilor Henderson said

he would have a nominee soon.



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REGION 9, MH/ MR/ SA:



Clerk of Council Washington pointed out that Mr. Gary McCory has resigned

from the Region 9 MH/MR/SA Board. She said that Ms. Mary Myles is interested in

serving on this board. Councilor Suber said it states that they are now asking

for three nominees for this board and then asked when did that change. Clerk of

Council Washington said that information was sent to her to that effect and she

would provide the information to the Council again.

Councilor Turner Pugh said when this board was first created the local

governing authority made these appointments, and then asked when did the State

law change, requiring us to submit three nominees. Clerk of Council Washington

said she would provide this information to the Council.



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DEVELOPMENT AUTHORITY:



Councilor Henderson said Mr. Etheridge and Mr. Buntin served about twelve

years on the Development Authority and said there has been an awful lot of

tremendous development that has taken place under their watch and said he

thinks this Council should call for a resolution, something above and beyond

the normal resolution of appreciation.



Mayor Peters said we have included Mr. Yancey in the Unsung heroes

proclamations that we do at the end of April.



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TAXICAB COMMISSION:



Councilor Henderson said he doesn?t think there are any women

representatives on the Taxicab Commission and said his nominee, Ms. Diane Quick

is the owner of a Taxicab Company that owns about 45 ? 50 cabs and said she is

very interested in serving on this board, and said he would ask for the

Council?s support in this regard. Councilor Turner Pugh said

Mr. Brooks is her church member and she would like to support him, but said we

have fought so hard to make sure that all boards, authorities and commissions

include women, so she is going to have to support Ms. Quick.



Councilor Suber said with the discussions that Councilor Henderson and the

Chairman of the Taxicab Commission will be having in the upcoming weeks, he

thinks that we can satisfy that woman appointment with that particular change

and said he will have to support Mr. Brooks.



Clerk of Council Washington pointed out that the two nominees are

Ms. Diane Quick and Mr. James Brooks and then took a roll call vote, which

resulted in Ms. Diane Quick being elected. Voting for Ms. Quick was Councilors

Allen, Henderson, McDaniel, Turner Pugh, Rodgers, and Smith.

Voting for Mr. Brooks was Councilor Hunter, Poydasheff, Suber and Woodson.



Clerk of Washington advised that Ms. Quick has received six votes and Mr.

Brooks received four votes.



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BOARD OF TAX ASSESSORS:



Clerk of Council Washington pointed out that there is a vacancy on the

Board of Tax Assessors due to the death of Mr. John Kendrick. She said this is

a Council appointment and said the Council can begin making nominations.



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

issue to bring before the Council could be heard at this time. There was no one

who indicated that they wanted to be heard.



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

Poydasheff then made a motion for adjournment. Seconded by Mayor Pro Tem

Rodgers and carried unanimously by those nine members of Council present at the

time, with Councilor Suber being absent for this vote, and the time being 10:20

A.M.



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Tiny B. Washington, CMC

Clerk of Council

Council of Columbus, GA