Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

JULY 5, 2005







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

called to order at 5:30 p.m., Tuesday, July 5, 2005 on the Plaza Level of the

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

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



PRESENT: Present other than Mayor Poydasheff and Mayor Pro Tem Rodgers were

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

Julius H. Hunter Jr., Charles E. McDaniel Jr., Evelyn Turner Pugh and Nathan

Suber.

City Manager Isaiah Hugley, Assistant City Attorney Jamie Deloach and Clerk of

Council Tiny B. Washington were also present.



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ABSENT: Councilor Evelyn Woodson, City Attorney Clifton Fay and Deputy Clerk

of Council Sandra Davis were absent.



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INVOCATION: Led by Councilor Wayne Anthony.



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

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MINUTES: Minutes of the June 14, 2005 meeting of the Council of the

Consolidated Government of Columbus, Georgia were submitted and approved by the

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

seconded by Councilor Allen, which carried unanimously by those nine members of

Council present for this meeting.

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CHARACTER WORD:



Mr. Ed Wilson, Executive Assistant to Mayor Poydasheff came forward to

announce the Character word of the month. He said the word of the month is a

word that he thinks we should all consider. He said the character word for July

2005 is ?self respect?.



He said some related words to ponder and to put into practice in our lives are

dignity, confidence, self-esteem, self-assurance and pride, in the best sense

of that word. Mr. Wilson said self-respect is based on the uniqueness and

value of the individual and it creates strong motivation for personal goodness,

decency and exemplary conduct.

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ZONING PUBLIC HEARING:



THERE WERE NO ZONING HEARINGS SCHEDULED FOR TONIGHT?S MEETING.

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CITY ATTORNEY'S AGENDA:



THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY ASSISTANT CITY

ATTORNEY DELOACH AND ADOPTED BY THE COUNCIL AFTER SOME

DISCUSSION:______________________________________



An Ordinance (05-56) ? Rezoning property located at 7100 Britton Road from

an R-1 (Low Density Residential) District to a R-2 (Low Density Residential)

District. (21-CA-05-Ray M. Wright, Inc.)



Mayor Pro Rodgers moved the adoption of the ordinance. Seconded by

Councilor McDaniel.



With there being eight Council members seated at the table (Councilor

Allen was not seated at this time) and only five members casting their vote in

the affirmative, Mayor Poydasheff asked that we defer the vote on this matter

until such time as Councilor Allen returns to the Council table. (See below

for the final vote on this ordinance.)



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THE FOLLOWING FIVE ORDINANCES WERE ALSO SUBMITTED AND EXPLAINED BY

ASSISTANT CITY ATTORNEY DELOACH AND ADOPTED BY THE COUNCIL PURSUANT TO THE

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

COUNCILOR HENDERSON, WHICH CARRIED UNANIMOUSLY BY THOSE EIGHT MEMBERS OF

COUNCIL PRESENT AT THE TIME, WITH COUNCILOR ALLEN BEING ABSENT FOR THIS

VOTE:________________________________________



An Ordinance (05-57) ? Rezoning property located at 1372 Celia Drive from

an SFR2 (Single Family Residential 2) District to a SFR3 (Single Family

Residential 3) District. (24-A-05-Kennon Realty Services, Inc.)



An Ordinance (05-58) ? Rezoning property located at 5031 Milgen Court from

an LMI (Light Manufacturing/Industrial) District to a GC (General Commercial)

District. (25-A-05-Wright Building Co.)



An Ordinance (05-59) ? Rezoning property located at 5812 & 5820 Buena

Vista Road and all lots fronting the Zenos Drive right-of-way from an R-1A (Low

Density Residential) District to a R-2 (Low Density Residential) District.

(26-CA-05-Stahl)



An Ordinance (05-60) ? Rezoning property located at 7855 & 7865 Cooper

Creek Road and a landlocked property southeast of 7855 Cooper Creek Road from

an SFR1 (Single Family Residential 1) District to a RMF2 (Residential

Multi-Family 2) District. (28-CA-05-Deluxe Properties, Inc.)



An Ordinance (05-61) ? Amending and increasing miscellaneous fees for the

Police, Sheriff and Coroner Departments, which were recommended by the Council

Budget Review Committee for the FY 2006 budget; and for other purposes.



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BRITTON ROAD REZONING (ORDINANCE NO. 05-56):



With Councilor Allen now being back at the Council table, Mayor Poydasheff

then said he is going to now proceed with the calling of the question on the

motion made by Mayor Pro Tem Rodgers to adopt the ordinance. Seconded by

Councilor McDaniel.



Councilor Turner Pugh said she doesn?t have a problem with the rezoning,

but she does have a problem as she stated during the last Council session. She

said she feels that we are setting a precedent of starting to rezone properties

under one zone and have the size of it under another zone. She said if we are

going to have

R-1A, it needs to be called R-1A like we did when we did the rezoning out in

the Midland area. She said since they were not willing to take that, she

couldn?t support it.



Councilor Anthony asked if those lots that are designed with square

footage for an R-1A; could we go ahead and classify those as R-1A without

having to go back to first reading.



Mayor Poydasheff said that would be a material change; therefore, it would

have to go back on first reading.



Councilor Suber then asked if that is what the outer boundaries are

supposed to be R-1A.



Mayor Poydasheff did confirm that the outer boundary is supposed to be

R-1A. He said it is not, but said it will be equivalent to what an R-1A zoning

would be, which is in the ordinance.



Mayor Poydasheff then called the question on the motion, which carried by

a

6 ? 3 vote, with Councilors Allen, Davis, Henderson, Hunter McDaniel and Mayor

Pro Tem Rodgers voting yes and Councilors Anthony, Turner Pugh and Suber voting

no.



Councilor Suber said he had spoken to some of the neighbors on last week

and said he told them that because there was no group opposed to this

particular ordinance, he was going to support the vote. However, since there

are people here today and he knows that they are here in number to show that

they are in opposition to this particular rezoning, he is going to back off and

change his vote and said that is the only reason he is doing that.



Councilor Turner Pugh said she thinks that we are setting ourselves up for

some problems, because we are rezoning the property to an R-2 classification,

but certain lots will have a classification of R-1A. She said who is going to

go out and police all of the lot selling and lot markings. She said in the past

when we have had mixed zonings, what we have done is always classify the lots;

the right zone that would fit that measurement; and said that is the problem

that she has. She said she would hope that we don?t get in the habit of doing

this because she thinks we are putting more work on the staff than we should

be.



She said even though this lot is rezoned R-2, it is supposed to have R-1A

Measurements, and said who is going to go out there and really measure them

before they start the construction. She said once the construction has already

started, if you have an R-2 measurement, what?s going to happen.



Mayor Poydasheff said he understands what Councilor Turner Pugh is saying

and said that is something that perhaps the staff can take into consideration.

He said there is a precedent for this because when he served on the Council and

Mr. Dave Erickson came in with the Garrett Road rezoning, we made certain that

he agreed and there was a condition in the ordinance.



Councilor Turner Pugh said, however; we rezoned those lots that size that

he agreed to. She said those lots in the back were rezoned a different number;

which is one of the reasons that we started with the A-1 process and we came

down with the A-2 so that the outside lots touching existing areas would be the

same, as well as those within.



She said once those people bought the A-1 lots, they know that A-2 was

going to be right across the street from them or right around the corner.



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THE FOLLOWING THREE RESOLUTIONS EXPRESSING APPRECIATION TO THOSE EMPLOYEES

WHO RECENTLY RETIRED FROM THE SERVICES OF THE COLUMBUS CONSOLIDATED GOVERNMENT

WERE SUBMITTED AND THEIR CAPTIONS READ BY MAYOR PRO TEM RODGERS 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

NINE MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:______



A Resolution (326-02) - Expressing appreciation to Mrs. Betty J. Tatum

upon her retirement with the Information Technology Department after 29 years

of service.



A Resolution (327-02) - Expressing appreciation to Mr. Alfred R. Holcombe

upon his retirement with the Naval Museum after 28 years of service.



A Resolution (328-02) - Expressing appreciation to Mr. Artie C. Stewart

upon his retirement with the Public Services Department after 21 years of

service.



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THE FOLLOWING TWO RESOLUTIONS EXPRESSING CONDOLENCES TO THE FAMILY OF

THOSE FORMER EMPLOYEES OF THE COLUMBUS CONSOLIDATED GOVERNMENT WHO RECENTLY

PASSED AWAY WERE SUBMITTED AND THEIR CAPTIONS READ BY MAYOR PRO TEM RODGERS 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 NINE MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:____ _



A Resolution (329-02) - Conveying condolences to the family of Mr. Thomas

M. Land, former employee with the Columbus Police Department, who passed away

on May 14, 2005.



A Resolution (330-02) - Conveying condolences to the family of Mr. Harry

A. Hill, former employee with the Metropolitan Airport, who passed away on May

21, 2005.

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MERITORIOUS RESOLUTIONS:



Mayor Poydasheff said he would like to request that a resolution be

prepared within the next few weeks, on behalf of the Council, for General

Freakley and Colonel Cromwell. He said General Freakley is leaving to take

command of the 10th Mountain Division in Fort Drum and eventually end up in

Afghanistan. He said Colonel Cromwell has done a magnificent job as Chief of

Staff and he is retiring.



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THUNDER ON THE HOOCH:



Councilor Anthony said he would like to call for a resolution to recognize

WTVM Channel 9 and its staff for the Thunder on the Hooch event that was held

on yesterday. He said it was a spectacular site to see people up and down on

both sides of the river; which was packed. He said it was a great presentation

and said the staff worked all day long that day, as well as on Saturday to get

things set up.



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CREEKS:



Councilor Suber said he was told recently that this Council changed an

ordinance that where an easement runs across a person?s property, in 1997 we

changed that ordinance to say that was private property and not public

property. He said he needs to get some information on that matter.



He said he would also like to have some information on when, or how did

the determination come about in stating that if a creek is running next to

somebody?s house; who made the law that says that creek, half of it belonged to

that particular individual. He said in the process of finding this information

out, who is supposed to tell the homeowner that they are the owner of a creek

and the creek side; which the City will not clean. However, the property owners

cannot stop it up if they want to, or make sure they have to maintain most of

those creek areas.



Councilor Suber said the reason he is bringing this up is because a number

of citizens are now finding out that they are the proud owners of a creek that

they didn?t know they owned until the recent water drain came about.

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PUBLIC AGENDA:



MR. MANUEL WHITFIELD, RE: FALSELY ARRESTED FOR VOICING HIS

OPINION:___________________________________________________



Mr. Manuel Whitfield, 2710 Pinola Avenue appeared and read a prepared

statement saying that he would like to bring before you, a concern and issue

that is as old as the nation itself. He said when he and Dr. Howard, the

President of the local PUSH organization went to the Police Department to get a

permit to preach against an injustice inflicted on Kenneth Walker; and in

accordance with the present procedures to get a permit you have to wait 3 ? 5

days before permission is granted.



He said after waiting 5 days for his permit, he went back down to the

Police Department only to be told by the same office, who had told him earlier

that he needed a permit to preach. He said he was told that he doesn?t need a

permit as long as he didn?t use a microphone. He said this was confusing to

him, because this sounded like he was getting two different messages, as to

what he needed to do to get a permit to preach.



Mr. Whitfield said he left the Police Department and went to 9th

Street/2nd Avenue and started his preaching regarding the Kenneth Walker Case.

He said after he preached for about an hour, an officer showed up and said, why

don?t you go into your own neighborhood and protest; you can?t do that here. He

said he perceived this statement as racist. He said he informed the Police

Officer that he was exercising his constitutional rights to peaceful protest,

but after that he was arrested and jailed; however when he went to court, the

case was thrown out.



He said his question to the Council is two-fold. He said according to the

amendment of one of our constitution, it states that ?Congress shall make no

law respecting and establish a religion or forbidden the free exercise thereof

or abridge, means reduce the freedom of speech or the press or the right of the

people to peacefully assemble and to petition the government for a redress or

grievance.



Mr. Whitfield said his first question is, when the City Council of

Columbus state you can?t peacefully protest unless you have 10 or more people,

are you not going against the Constitution of the United States, which states

that the Government cannot abridge or reduce the people?s rights to peaceful

protest. He said after consulting with his legal advisors, he is convinced that

the law will not stand a legal challenge in Federal Court and said he would

like to have a response on this point.



Mayor Poydasheff said he doesn?t know the answer to that question, but

said he can tell you this; that your statement concerning the First Amendment

is correct. However, the Courts over the years; the Supreme Court of the United

States has said yes, you do absolutely have that right, but local governments

can control the time and place so that it doesn?t interfere with public safety

and etc. He said he has never heard of any statement that there has to be 10 or

more people, but said he can assure you that we will have our City Attorney to

check this out and look into it.



He told Mr. Whitfield that we would get back in contact with him in this

regard.



Mr. Whitfield said his second question is, one day the Police Department

tells him that he can?t preach without a permit; then the next day, they tell

him he doesn?t need a permit, if he doesn?t use a microphone.



Mayor Poydasheff said he is going to have the staff to check that out as

well, because that is something new to him, and he is just not aware of that.

He said he don?t know why you would need a microphone in the first place. He

said he has seen people with permission to preach or talk, using their voice

without a microphone. He said we will check that out and said if there is

confusion, he can guarantee you that we will clarify it and do away with

confusion.



Councilor Suber then asked Mr. Whitfield, if he usually preaches on

Broadway and if this is the first time that he has ever been arrested for this.



Mr. Whitfield said he has been doing this for 28 years and said this is

the first time that he has been arrested. He said normally when the Police

Officer approaches him, he would leave, but because of the Kenneth Walker case

and his feelings about this case, with him knowing that he was within his

constitutional right, he refused to leave.



Councilor Suber asked Mr. Whitfield what Judge dismissed the case?

Mr. Whitfield said he couldn?t remember the Judges? name, but he has the Police

Officer?s name on his paperwork that he has with him.



Mayor Poydasheff asked Mr. Whitfield to provide a copy of the information

that he has to the City Manager?s Assistant and she will return it to you.



Councilor Hunter asked Mayor Poydasheff, what is the procedure when

someone like Mr. Whitfield has a complaint or concern, short of having to come

to the Council; is there a procedure in place and said, if there is, he doesn?t

think it is clear.



Mayor Poydasheff said we have had a special Work Session on this matter

and said maybe what we need to do, is on a continuing basis, possibly every

quarter or every two months, to scroll it, so that people understand. He said

under any circumstances, any citizen has a right to call him and tell him what

the situation is.

He said this is the first time that he and Mr. Whitfield have met, but he has

seen him on Broadway. He said Mr. Whitfield didn?t call him, therefore, he

wasn?t able to act, but now that he did present his concern, we will address

that.



Councilor Turner Pugh said when the Mayor finds out all the answers to the

questions that were brought up, she thinks it needs to be brought back to the

Council so that the public can know what those responses were.



Councilor Henderson said regardless of the number of sessions that we have

on it, it? hasn?t become well known enough among the population to be actively

used.

He said he thinks the Chief has implemented it, but he thinks there might be a

need for an update on it. He said if there is someone there at the Public

Safety building that is upset about treatment, we need to actively and

aggressively encourage him or her to fill out a form and to be proactive in it.

He said he doesn?t think that many people are going to understand the

procedure.



Mayor Poydasheff said he has no problem with anything that the Council has

recommended and advised and said he will take care of that.



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MS. ELIZABETH DANIELS, RE: PROBLEMS WITH FLOODING:



Mayor Poydasheff said before he allows Ms. Daniel the opportunity to

speak, he will have the City Attorney to caution her for her own benefit. He

said as he understands it, there is a suit against the Water Authority and as

he understands that Ms. Daniels either have or had an attorney. He said

speaking as an attorney, he is always reluctant to allow someone to speak when

there is a case of litigation and the individual speaking has an attorney or

had an attorney without advising them of what can happen, because you are on

the record and a record will be made on TV and with the Clerk of Council. He

said he is going to ask the City Attorney to tell you what our rules are in

that regard.



Ms. Daniels said that is fine.



Assistant City Attorney Deloach said she just wants it to be clear that if

Ms. Daniels does have an attorney that it would be wise for them to be here,

because everything that Ms. Daniels says will be recorded and could be used in

a court. She said she don?t know what court you are suing in, but anything that

you testify to today, could be used as evidence in your trial. She said if you

have an attorney, and because she is an attorney, she is uncomfortable in

giving you anything that would look like legal advice, that you are receiving

advice from another lawyer.



Mayor Poydasheff then asked Ms. Daniels, if she has filed suit against the

Water Authority, to which Ms. Daniels said yes.



Mayor Poydasheff then said that means that we are involved. He said we are

not going to talk to you and make any comments, simply because we are in

litigation. He said it is not a Catch 22, but the fact is that you are suing

the Water Authority, which inferentially means that you are suing the City. He

said since we are in litigation, anything we say might impact on the suit.



Ms. Daniels said she understands that totally, and said she did have an

attorney, but she withdrew from her case and she is seeking further counsel.

She said she is not giving you anything that hasn?t been given to the Water

Works? attorney already, or saying anything that they don?t know already has

happened. She said she just came to ask for assistance in getting this

resolved.



Mayor Poydasheff said he would like to give you assistance if he can, but

the fact is that we are being sued and he cannot discuss the case. He said he

couldn?t

allow any members of the Council to discuss the case, neither can the City

Attorney or the City Manager.



He said under the laws of the State of Georgia and the United States, we

are basically adverse parties in this regard. He said had this come to us prior

to any suit, he would be willing to entertain what you had to say, but in as

much as we are involved, we just can?t do that, with every respect to you.



Ms. Daniels said she understands and said it did come to you prior to any

suit being filed, but no one bothered to help her. She said that?s fine and she

understands.



Mayor Pro Tem Rodgers said he just wondered, if under the circumstances,

it would be appropriate for the Mayor, as Chief Executive Officer of the

Government and the City Attorney, since she doesn?t have counsel right now, to

meet privately with her.



Mayor Poydasheff said he doesn?t have any quarrel with that, but

ethically, as an attorney, he is reluctant to meet with an individual who is

suing us because he can be held in strict accountability or perhaps, even

violating ethics.



Assistant City Attorney Deloach said because such a strict Code of Ethics

binds them, they shouldn?t be talking with her. She said when you fire your

attorney, the Judge has to agree to allow that attorney to withdraw from the

case and until the Judge has entered an order allowing the attorney, it is just

not worth her law license.



Ms. Daniels said she didn?t fire her attorney they just withdrew from her

case.

She said this all happened within the last week.



Ms. Carter Schondelnayer, with Hatcher, Stubbs law firm said she

represents the Water Works and said she would support the Mayor?s

recommendation that no member of the Council or no one from the Mayor?s office

speak with Ms. Daniels. She said she is sorry for Ms. Daniels? problems, but

she thinks this matter would be

better handled by the attorneys that are handling the lawsuit.



Ms. Daniels then asked if she couldn?t even tell her story and state what

happened.



Mayor Poydasheff said no you may not. He said you are going to do it in

court, since you have already instituted a suit.



With there being a group of individuals seated in the Council Chambers

observing this matter, Mayor Poydasheff then asked if they understood what he

just did, to which they said, no, they didn?t.



Mayor Poydasheff then went into more details in explaining this matter,

saying Ms. Daniels is suing the Water Authority and said there is an ongoing

suit, we are in litigation and that means, we cannot discuss the merits of the

case or the complaint, because it is in litigation. He said, personally, as an

attorney, he would be violating his ethics; he can?t do that and the Council

can?t do that because the City is involved. He said Ms. Daniels? redress or

anyone?s redress when a case is in litigation is to discuss with the Judge and

argue it in court since it is already docketed and in court. He said this is

not the forum to address the merits of an adverse party. He said he would be

glad to discuss this matter with them after the Council meeting to explain how

the law works in every State and Union and the Federal Government.

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CITY MANAGER?S AGENDA:



THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY MANAGER

HUGLEY AND ADOPTED BY THE

COUNCIL:





A Resolution (331-05) ? Authorizing the submission of an application and

if approved accept a $25,000 Local Assistance Grant as a Pass-Through Agency

from the Georgia Department of Community Affairs for the Port Columbus Civil

War Naval Museum. Councilor Turner Pugh moved the adoption of the resolution.

Seconded by Councilor Allen and carried unanimously by those nine members of

Council present for this meeting.



A Resolution (332-05) ? Declaring 0.061 acres of a remnant (Parcel 4R) of

the St. Mary's Road Widening Project property at 3204 Buena Vista Road as

surplus and executing a Quit Claim Deed to the adjacent property owner, Hugh

McMath Investment Company, to purchase said property. Mayor Pro Tem Rodgers

moved the adoption of the resolution. Seconded by Councilor Henderson and

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



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THE FOLLOWING THREE RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY

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

MOTION MADE BY COUNCILOR TURNER PUGH AND SECONDED BY MAYOR PRO TEM RODGERS,

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

MEETING:__________________

__





A Resolution (333-05) ? Authorizing the execution of a construction

contract

with Calhoun Construction Company, LLC, for radio equipment buildings in the

amount of $53,000. The contractor will construct a building at the Garfield

Drive radio tower site, and expand an existing radio equipment building at the

River Road tower site. Both radio equipment buildings will house radio

communication equipment for the City?s 800 MHz Radio Communication System.



A Resolution (334-05) ? Authorizing the approval of an agreement with

Cricket Communications, Inc., for Phase I Wireless E-911 Service, and approve

payment of the non-recurring startup cost in the amount of $11,885.00; approval

is also requested to authorize reimbursement payments for future E-911

recurring charges. This agreement is based on the FCC order that requires

wireless providers to initiate action for the provision of Phase I Wireless

E-911 Service. This service will enable a licensee to relay a caller?s mobile

directory number information, and the location of a cell site receiving a 911

call, to public safety answering points.



A Resolution (335-05) ? Authorizing the approval of a Letter of Agreement

between Prison Health Services (PHS) and the Columbus Consolidated Government

for physician and physician?s assistant medical services, as well as, on site

psychiatric treatment for inmates at the Muscogee County Jail and Muscogee

County Prison. The fixed administrative fee will be $13,375.87 per month. The

professional component will be no more than $41,894.67 per month, unless

additional services have been requested and delivered. The contract term shall

be for one year commencing on July 1, 2005 through June 30, 2006.



There have been attempts to competitively bid medical services at the jail in

the past, as well as an RFP to conduct a study of medical services. However,

these attempts did not net favorable results for the City. Consequently, the

Jail has continued to use PHS to provide medical services.



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EXECUTIVE SESSION:



City Manager Hugley requested an executive session to discuss a litigation

matter immediately following the adjournment of tonight?s meeting.



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THUNDER ON THE HOOCH:



Mayor Poydasheff said he would like to commend the City Manager and his

staff for the work that they did in connection with WTVM Channel? 9 Thunder on

the Hooch?s event. He said the work that they put in to help set up, cleanup

and everything that was done. He said every year it is consistently outstanding

work.



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RADIO EQUIPMENT BUILDING:



Councilor Davis said as it pertains to the expansion of this building off

of River Road, the radio equipment building; will this expansion help any, as

far as the situation dealing with 911 cellular telephone calls that are being

made. He said he thinks that residents are having a problem when they call 911;

they are connecting to Russell County in certain areas on the north side of

town. He said he wants to know if this is an effort to try to solve this issue.



City Manager Hugley said he don?t think this will help avoid a 911 call

from a cellular telephone. He said the way it works, when you call 911 from a

cellular telephone, if that cell tower that the call is bouncing from is

completely occupied, and then it goes to the next tower. He said when it is so

close to Phenix City and the river, it may bounce to a tower on the other side

and we have had some problems with that. He said this particular situation

will not help with that but this is simply going to house the 800 megahertz

equipment in expanding the site at River Road, as well as the site out at

Garfield, by WXTX- TV 54. He said unfortunately this will not help that

situation with cellular towers and those cellular telephone calls to 911

bouncing from one tower to another, when one tower is totally busy.



Councilor Davis asked City Manager Hugley to have the staff to check into

this; to see if there is anyway with all the modern technology today, if we

could address this situation.

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REQUEST TO MEET WITH MS. DANIELS:



Assistant City Attorney Deloach said she would like to caution the Mayor

again that he, as a lawyer should not be meeting with Ms. Daniels. She said she

would suggest that City Manager Hugley and whoever is her counsel, meet with

her.



Mayor Poydasheff said he is not meeting with her. He said there is a young

lady who wants to know how the law works and said you and I can certainly meet

with her.

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CLERK OF COUNCIL'S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR AND

COUNCIL:



(1) Memorandum from National League of Cities, Re: Information on the upcoming

Leadership Training Institute Seminar Program.



(2) Notice from NLC, Re: 82nd Annual National League of Cities Congress of

Cities & Exposition to be held on Dec. 6 ? 8, 2005 in Charlotte, N C.



(3) Biographical sketch of Leah P. Braxton for a position on the Valley

Parternership Board to succeed Jim Buntin.



(4) Biographical sketch of Jack B. Key for a position on the Valley Partnership

Board to succeed Genevieve Green.



*** *** ***



THE FOLLOWING APPLICATION FOR A TAXICAB OWNER?S BUSINESS LICENSE WAS

SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND APPROVED BY THE

COUNCIL:___________________________________





Application of Mr. Alfred Brown for a taxicab owner?s business license to

operate

Brown Cab Company, to be located at 78 Lee Road 653 Smiths, Alabama 36877.



Councilor Allen moved the approval of the application. Seconded by Mayor

Pro

Tem Rodgers and carried unanimously by those nine members of Council present

for this meeting.



*** *** ***



THE FOLLOWING FOUR APPLICATIONS FOR A TAXICAB OWNER?S BUSINESS LICENSE

WERE ALSO SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND DELAYED BY THE COUNCIL

AT THE REQUEST OF MAYOR POYDASHEFF AFTER SOME

DISCUSSION:___________________________





Application of Mr. Jeffery Johnson for a taxicab owner?s business license

to

operate Air Force Cab Company, to be located at 26 Gatlin Lane, Cataula,

Georgia

31804.



Application of Mr. Jeffery Johnson for a taxicab owner?s business license

to

operate Marine Cab Company, to be located at 26 Gatlin Lane, Cataula, Georgia

31804.



Application of Mr. Jeffery Johnson for a taxicab owner?s business

license to operate Navy Cab Company, to be located at 26 Gatlin Lane, Cataula,

Georgia 31804.



Application of Mr. Jeffery Johnson for a taxicab owner?s business

license to operate Ranger Cab Company, to be located at 26 Gatlin Lane,

Cataula, Georgia 31804.



Councilor Hunter said Mr. Johnson has an application for four different

taxicab companies at the same location.



Mayor Poydasheff said he noticed that these four taxicab companies are

using the term Air Force, Marine, Navy and Ranger and said on the Ranger Cab

there is a Ranger tab which is an emblem that the Rangers uses. He said when he

was the Staff Judge Advocate at Fort Benning, the Senior Attorney, situations

like that violated Federal law and there is a specific stature. He said this

morning, he asked the City Attorney to look into this. He said there may not be

a problem using the term, Marine, Air Force, or Navy, but he has asked the City

Attorney to work with the Staff Judge Advocate at Fort Benning in order to see

if there are any DOD directives or any additional laws that would prevent this

from happening. He said there might be an implicit suggestion that all of these

departments support this private enterprise. He said he is not trying to hurt

private enterprise under any circumstances, but said he can tell you as a

matter of fact that the use of the Ranger tab is pretty much in violation. He

said now he is speaking as the legal advisor to the Ranger Foundation.



He said rather than deny anything, he is only suggesting that no action be

taken until the City Attorney gets the decision from the Office of the Staff

Judge Advocate. He said on this morning, they have assigned a Captain to look

into the problem.



Councilor Hunter said he had two concerns, one of which they were using

those names, and said you are looking into it properly. He said it looks like

in Cataula; all of the cab companies are going to be owned by this one man.



Councilor Henderson asked if these applications go through the Taxicab

Commission? He said he thought that there might be something in there that

restricted the number of taxicab names operating out of the same area.



Mayor Poydasheff then asked City Manager Hugley to look into that.



In response to Councilor Allen, Mayor Poydasheff said he is going to ask

that we delay these four applications.



Councilor Anthony then asked, if we do approve business licenses for

property outside the County, to which Mayor Poydasheff said if they are going

to do business here in Columbus.



Councilor Suber then made a motion to delay this matter. Seconded by

Councilor Allen and carried unanimously by those nine 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:



Airport Commission, May 25, 2005.

Board of Tax Assessors, No. 24-05.

Columbus Board of Health, May 25, 2005.

Convention & Trade Center Authority, Feb. 24, 2005.

Convention & Trade Center Authority, March 24, 2005.

Convention & Trade Center Authority, April 28, 2005.

Convention & Trade Center Authority, May 26, 2005.

Family & Children Services Board, June 22, 2005.

Hospital Authority of Columbus, October 26, 2004.

Hospital Authority of Columbus, December 14, 2004.

Hospital Authority of Columbus, January 26, 2005.

Hospital Authority of Columbus, March 29, 2005.



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

Councilor Suber and carried unanimously by those nine members of Council

present for this meeting.



*** *** ***



THE FOLLOWING THREE NEW ZONING PETITIONS WERE SUBMITTED BY CLERK OF

COUNCIL WASHINGTON AND AN ORDINANCE AND PUBLIC HEARING WAS CALLED FOR BY

COUNCILOR MCDANIEL:__

_____________



Petition submitted by George C. Woodruff Company to rezone approximately

22.5 acres of property located at 4078 Milgen Road from a SFR2 (Single Family

Residential 2)/LMI (Light Manufacturing/Industries to SFR3 (single Family

Residential 3). (Recommended for approval by both the Planning Advisory

Commission and the Planning Division.) (32-A-05-Woodruff)



Petition submitted by George Mize, Jr., to rezone approximately 49. 9

acres of property located at the NE intersection of River Road & Heiferhorn

Creek from an RE1 (Residential Estate 1) to a SFR1 (Single Family Residential

1). (Recommended for conditional approval by both the Planning Advisory

Commission and the Planning Division.) (33-CA-05-Mize)



Petition submitted by Hecht, Burdeshaw, Johnson, Kidd & Clark, Inc., to

rezone approximately 0.978 acres of property located at 3831 Armour Road from a

SFR2 (Single Family Residential 2) to RMF2 (Residential Multi-Family 2).

(Recommended for approval by both the Planning Advisory Commission and the

Planning Division.) (34-A-05-Hech, Burdeshaw, Johnson, Kidd & Clark, Inc.)



*** *** ***



BOARD APPOINTMENTS:



CIVIC CENTER ADVISORY BOARD:



Clerk of Council Washington pointed out that she has contacted the Young

Professionals Organization and that they are working on trying to get a nominee

for Councilor Woodson?s District for someone to replace Mr. Gerardo Ricci ?

District 7.



*** *** ***



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



Clerk of Council Washington pointed out that Mr. James Sakakibara and Ms.

Lee Miller have resigned their positions on C.I.R.C.L.E. She pointed out that

the Council must appoint someone to Mr. Sakakibara?s position and the Mayor

must appoint someone for Ms. Miller?s position. There were no nominations made.



Mayor Poydasheff said he would have a nominee on next week for Ms. Lee

Miller?s position.



*** *** ***



KEEP COLUMBUS BEAUTIFUL COMMISSION:



Clerk of Council Washington pointed out that she has outlined

those positions on the Keep Columbus Beautiful Commission that expired at the

end of last month. She said Susan Anderson, Julie Bray, Bill Green, Jan Pease,

Susan Berry, Joan Freeman Cargill, Stan Stovall, Robert Gooch, James Grant are

not eligible to succeed themselves.



She then said the Keep Columbus Beautiful Commission has made several

recommendations for these positions.



Mayor Pro Tem Rodgers said he had a conversation with Ms. Weston-Smart and

she was concerned about the number that were still unconfirmed. He said he

expressed some concerns about a board being self-perpetuating, i.e. receiving

all the nominations from within and this morning, he noticed that we are down

to one gentleman out of 26 members on that board. He said he has three names

that he would like to submit for nominations, which are Mr. Scott Holmes to

succeed Ms. Julie Bray, Mr. Selby Rollinson to succeed Mr. Bill Green and Mr.

Barry Jenkins to succeed Mr. Stan Stovall.



Councilor Suber said he would like to ask that those other nominations

that have been submitted by the Keep Columbus Beautiful Commission be

confirmed, other than those three that were just nominated by Mayor Pro Tem

Rodgers and then so moved. Seconded by Councilor Henderson and carried

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



The above action confirmed the following: Ms. Priscilla Marshall to

replace

Ms. Susan Anderson, Ms. Susie Hamlet - to replace Ms. Susan Berry, Ms. Beth

Burgin - to replace Ms. Joan Freeman Cargill, Ms. Sandra E. Mason - to replace

Mr. Robert Gooch and Mr. Kenneth Queen - to replace Mr. James Grant



*** *** ***



EXECUTIVE SESSION:



Mayor Poydasheff said regarding an earlier request of City Manager Hugley

to go into an executive session to discuss a litigation matter, asked what is

the pleasure of the Council? Councilor McDaniel then made a motion to allow the

Council to go into an executive session. Seconded by Councilor Turner Pugh and

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



*** *** ***



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

Poydasheff then asked if there was anyone who had an issue to bring before the

Council, they can be heard.



Ms. Sally Lassister, 6855 Ranch Forest Drive said the Council has been

very patient with those of them who live in the area of River Road. She said

they have not wanted to take your time and felt that their points were well and

clearly made. She said they are disappointed, because obviously their concerns

were not heard and said they wonder, is there no way in which citizens can have

any real voice or any real impact. She said they didn?t bring a large group of

residents, but said they brought representatives from each of their areas and

presented a very clear case, which they thought was acceptable and asked this

question, why, rezone an area, zoned R-1; which would allow a builder to come

in and put up 122 houses in an area which is now extensively R-2 with 137

houses.



She said why start a precedent which will reverberate throughout that

entire area when all the rest of them purchased their houses and have lived

quietly and peaceful and as good citizens, good voting citizens, with the

assumption that we will continue to live the way we have been living; said they

don?t get it.



Ms. Lassister spoke for several minutes in expressing her dissatisfaction

with the decision that the Council made.



Mayor Poydasheff then responded to many of those concerns expressed by Ms.

Lassister.



*** *** ***



Mr. George Backman, 6914 Ranch Forest Drive said the question that he has

is what is the notification process that goes on relative to changes in zoning.

He said he remembers several years ago when that parcel of property was talked

about being developed; they heard some information and read about it and even

may have been notified by mailed, but since that time, they have not received

anything. He said he had no idea any of this was going on.



Mayor Poydasheff pointed out to Mr. Backman that this issue has been in

the paper and said we have had 4 or 5 meetings and it has been on the

Government Access Channel, as well as in the paper.



Mr. Backman said he don?t watch the local news and have been out of town a

great deal and said he don?t subscribe to the local paper.



Mayor Poydasheff said this particular zoning has been in the news and this

Council for the past two months. He said there are signs on the property as

well.



Councilor Turner Pugh asked Mr. Backman if he did not see the signs on the

property. She said the signs were up even before it went to the Planning

Advisory Commission and came before this Council.



Mr. Backman said he own properties in other areas and he gets notification

from Planning Commission and notices to rezone or have a Renaissance fair. He

said he get notices in the mail from Planning Commission. He said his main

concern is that the Planning system is broken in that the individuals? property

owners are not notified by mail as they are in many other communities



Several minutes of discussion developed on the notification process with

Mayor Poydasheff and members of the Council responding to those concerns of Mr.

Backman.



City Manager Hugley said the viewing public are aware that there have been

rezoning in any of their neighborhoods, and if they live within 300 feet, they

get a letter in mail. He said the signs are posted prior to the rezoning even

going to the Planning Advisory Commission. He said their process is no

different than what Mr. Backman has explained that he is aware of in other

cities. He said we do it here and always do it and said we have the

documentation to show where we sent it to and it is no different.



After further discussion on this subject, Councilor Davis asked City

Manager Hugley to provide him with a list of the mail out of notices in this

area.



Ms. Shane Schimmel, 6908 Ranch Forest Drive, said she lives just adjacent

to Mr. Backman and said they had no notice received. She said from what she

understands the development is coming directly to their property. She said she

has noticed signs that were posted on Britton Drive, but had no idea that it

included the land that goes from there all the way to their lot. She said

perhaps they should state that in the future.



Mayor Poydasheff said he don?t know how they measure it, but said he does

know that the rule is 300 feet. He said if she would go over to the side and

talk with Deputy City Manager Bishop, they could explain that to you.



City Manager Hugley said if Ms. Schimmel would step to the side with

Mr. Bishop, he can explain that to her. He said they just did that with Mr.

Backman and he lives just outside of the 300 feet. He said they have the map

that shows where they sent the notices.



Councilor Allen said several years ago, going through this process, the

Council did extend the line from 200 feet notification to 300 feet notification

so that more people could be informed on rezoning of this type. He said it is

not something that we take lightly, but we are very serious about notifying as

many people as we can.

He said in Mr. Backman?s situation, he is just a few feet outside of the 300

feet line and that is why he didn?t get notification.



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

to this issue, but there were none.



. He said in all fairness of this subject, especially to some of his friends

that are seated in the audience, everyone knew about this. He said there was

signs posted and said this has been going on for approximately six weeks. He

said it has been on TV and the Government Access Channel, as well as in the

newspaper.



Mayor Poydasheff then asked if there was anyone else who had any issue to

bring before the Council. There were none.



*** *** ***



At 6:30 p.m., the meeting was adjourned to allow the Council to go into an

executive session.



At 6:50 p.m., the regular meeting was called back to order, at which time

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

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



*** *** ***



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

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

and carried unanimously by those nine members of Council still present, with

time being 6:51 p.m.





*** *** ***







Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia