Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

FEBRUARY 1, 2005



The monthly night meeting of the Council of Columbus, Georgia was called to

order at 5:30 P.M., Tuesday, February 1, 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.



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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., Evelyn Turner Pugh, Nathan

Suber and Evelyn Woodson. City Manager Isaiah Hugley, City Attorney Clifton

Fay, Clerk of Council Tiny B. Washington and Deputy Clerk of Council Sandra

Davis were also present.



ABSENT: No one was absent.



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INVOCATION: Offered 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 January 25, 2005 meeting of the Council of the

Consolidated Government of Columbus, Georgia were submitted and approved

unanimously by those ten members present upon the adoption of a motion made by

Mayor Pro Tem Rodgers and seconded by Councilor Woodson.

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CHARACTER WORD:



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

announce the character word for the month of February. He said if they were to

narrow down the character word for this month to one word, it would be

environment; however, we have several words that describe our character

emphasis for this month.



He said for the month of February we are asking people to focus on

?respect for the environment?. He said some related words to ponder and

practice are life, green, anti-litter, trees, clean air and water.



Mr. Wilson said true respect for the environment will lead us to take an

active role in protecting and preserving it. He said President John F. Kennedy

said it is our task in our time and our generation to hand down undiminished to

those who come after us by those who went before, the natural wealth and beauty

which is ours.



Mayor Poydasheff said this Council has constantly taken steps to ensure

that with the new zoning ordinance and buffer ordinance, as well as some of the

other things that they have been doing.

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APPOINTMENT OF A CITY MANAGER:



Mayor Poydasheff said acting under the powers delegated to the Mayor in

Article 4, Section 4-201(3)(a), he is submitting his appointee for the position

of City Manager and requesting the Council?s confirmation. He said it would be

difficult to overstate the importance of this position. He said the City

Manager?s position corresponds to that of a COO, that is a Chief Operating

Officer in the private sector. He said as the Charter states, under the and

subject to the direction of the Mayor, the City Manager is to supervise the

many and varied operations of the City Government as set out in the Charter.



He said after careful consideration and extensive consultations with

others, he is pleased and honored to present his appointee for City Manager,

Mr. Isaiah Hugley.



Mayor Poydasheff said he is a firm believer in promoting from within when

there are qualified people available, as we did earlier this year with our

Police Chief Rick Boren. He said he believes that Mr. Hugley is qualified for

the job and he has a formal education that the position requires, including a

Master?s Degree in Public Administration. He said he has the best on the job

training available anywhere, having been mentored by our esteem former City

Manager Carmen Cavezza. He said Mr. Hugley has the experience we need, 24 years

of experience at the executive level in City and State Government. He said many

are aware of his service and leadership in the Consolidated Government as the

Director of Metra, as a Deputy City Manager and most recently, for a short time

as Interim City Manager.



He said many might not be aware of his prior employment in various

executive roles by the State of Mississippi. He said Mr. Hugley is fully

qualified for the job and we are fortunate that he is available for the job, he

has a unique combination of education, experience and skills that will make him

a top candidate for a City Manager?s position almost anywhere in America.



Mayor Poydasheff said with Mr. Hugley there will be no learning curve, but

said we all learn and we all learn on the job. He said Mr. Hugley knows our

City employees; our City needs, our budget process, as well as shares this

Administration?s vision for Columbus, including our goal of having the most

economical, efficient and responsible government in America. He said you see

that in the great work done by this Council and others that sit almost daily in

working through problems. He has the trust and support of our City Department

Directors and knows and has earned the trust of the various important

constituencies in our City and they will be comfortable working with a person

that they know and respect. He said he is a proactive, personable and

professional leader who will bring his outstanding skills and dedication to the

City as City Manager.



He said he is proud to present to this Council, the appointment of Mr.

Isaiah Hugley as City Manager for their confirmation. He said he solicit on his

behalf, the support of this Council, the employees of this City and all of the

citizens of our great City, Columbus, Georgia.



Mayor Pro Tem Rodgers then moved the confirmation of Mr. Isaiah Hugley as

City Manager. Seconded by Councilor Woodson and carried unanimously by those

ten members of Council present for this meeting standing to cast their

affirmative vote.



City Manager Hugley then recognized the presence of his wife, State

Representative Carolyn Hugley who was present in the audience tonight. He also

expressed his thanks and gratitude to the Mayor and Council for their support

of him as the City Manager.



He said he pledge to the Mayor and Council, as well as the citizens of

Columbus, hard work, performance, accountability, service and trust. He said

this City has had great momentum over the last few years with a lot of success

and he knows that each of you will agree with him that because of our financial

situation, we have some difficult days ahead.



City Manager Hugley said he submits to this Council and all the citizens

that our best days are ahead of us. He said he know that working together, he

is confident that we will make this one great City, one goal, one future and

One Columbus.



He said he knows that there will be many challenges as he assumes his

first day on tomorrow as the City Manager, but he is comfortable in taking on

those challenges because he thinks that we have some of the best department

heads and employees that you will find in any government or private sector or

organization anywhere in this country. He said he looks forward to working with

them.



Mayor Poydasheff said he would also like to thank his Selection Advisory

Committee, under the leadership of Mr. George Jeter and for some of the

thinking that they have done in this process.



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ICE STORM:



Mayor Poydasheff said this City owes a lot of thanks to our Public

Services Department, as well as our Public Safety Personnel ? Police, Fire,

Emergency Management Services, Marshall and Sheriff?s Department for the work

that they did during the recent ice storm.



He said he would like to thank the Homeless Task Force and the various

organizations, as well as Fort Benning and the young officers that came out

looking for homeless people to bring into the shelters. He said he would like

to thank the City Manager for keeping in constant contact with him during this

storm, as well as opening up the Shelter at Psalmond Road for those who needed

it.



Mayor Poydasheff said he also would like to thank Bell South and Georgia

Power for the great work that they did working around the clock to see to it

that our people received the services.



City Manager Hugley said they received a total of 126 calls for trees or

limbs that had fallen. He said that he would like to personally thank those

Public Services employees who worked throughout the night on Friday, clearing

the roadways and putting sand on bridges and roads for those who needed to get

out were able to do so.



He also thanked the Public Safety personnel and Fire Chief Roy Waters and

Riley Land for working very closely with him to get the shelter opened on

Saturday night. He said they did open the Psalmond Road Recreation Center on

Saturday night around 9:00 p.m., so it would be available for those persons who

didn?t have power or needed a place to sleep could come to this shelter.



He said there were a few large trees and about 30 small trees that fell

down; however, employees worked throughout the night on Saturday night and

Georgia Power was able to get power restored on Sunday evening around 6:00 p.m.

He said he would like to thank Georgia Power and those other power companies in

the area that assisted in this matter.



Councilor Davis said there was an article in today?s paper dealing with

trash and limb pickup and said he would like to get some clarification because

he received some telephone calls, as there are people who are not clear as to

how we are going to address cleaning up of limbs and trees.



City Manager Hugley said they assessing the damage to determine how much

is out there. He said he would just encourage the citizens if they cut up their

tree limbs, they can put them on the right-of-way and we asked that they be six

inches in diameter and no more than four feet in length. He said they are a

little behind schedule, but said they can put them on the right-of-way and we

will pick them up.



Councilor Davis said he thinks that the confusion evolved around the fee

for tree services, but said it is his understanding that we will pick those

trees up and not charge anyone.



City Manager Hugley said he would like to talk with the staff and they

will get the word out to the Mayor/Council and to the community as to what we

are going to do. He said they have not at this point declared a declaration on

picking up trees or tree limbs for any period of time.



Councilor Davis said he views what happened as an act of God and he thinks

that we need to work with the citizens as much as possible.

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LETTER OF THANKS:



Councilor Woodson said she would like for City Manager Hugley to send a

letter of thanks to the other utility companies who assisted us in restoring

power to the residents during the recent ice storm.



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NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION:



Ms. Janice Frills, along with Ms. Kitty Tompkins of the National Society

Daughters of the American Revolution came forward to introduce the recipients

of the DAR Good Citizens Program and Scholarship for 2005.



She said this program is intended to encourage and reward the qualities of

Good Citizenship and is open to all high school seniors of accredited secondary

schools. She said the students selected at each school must have the qualities

of dependability, which includes truthfulness, loyalty and punctuality.

Service, which includes cooperation, courtesy and consideration of others.

Leadership, which includes personality, self-control and the ability to assume

responsibility, as well as patriotism that includes unselfish interest in

family, community, school and nation.



Ms. Frills went into further details in outlining the two different phases

of the contest and then announced the winners of the scholarships for 2005,

which includes the following students:



Tyson Greaves- Hardaway High

Stacy Lynn - Columbus High

Lotoya Williams - Carver High

Courtney Thomas- Columbus High

Carter Wallace ? Brookstone

Brandon Cummings- Shaw High

Chelsea Hughes ? Calvary Christian

Anna Rodriguez ? Pacelli High

Quineete Stafford ? Kendrick High

Tiffany Treseso- Jordan High



Ms. Frills thanked the Mayor/Council for allowing them to recognize these

Good Citizens winners here at the Council meeting on tonight. She said she is

sure that everyone here will agree with them that we have great hope and

confidence in America?s future knowing that young people such as these are

setting a wonderful example for their peers and that they will be going forward

with their education and lives continuing to be the good citizens that they are

today.



Mayor Poydasheff said we agree and think that these are wonderful young

people and it is unfortunate that we just manifest many times those that have

committed offenses, but said that is a small minority of the overwhelming

goodness of our young people in this City. He said he is proud of the American

Daughters for instituting that Good Citizenship Award.



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PEER AWARDS:



Mrs. Reather Hollowell asked the recipients of this quarter?s Employee?s

Recognition Awards, to come forward to be recognized. She then called forward

Myron Lakoduk, Tammy Birris-Mayo, Lula Jones, John Webb Jesse Mason and Brenda

Coyle.



Councilor Turner Pugh then read the proclamation in its entirety,

proclaiming February 1, 2005 as a day named for each of those individuals named

above.



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INDIVIDUAL EXCELLENCE AWARD:



Councilor Turner Pugh then read the proclamation recognizing Mr. Myron

Lakoduk who has been selected to receive the Individual Excellence Award, which

recognizes employees who make consistent contributions to the organization

through outstanding job performance as viewed by supervisors and managers, as

well as set an example of outstanding quality management teamwork and/or

customer service.



She said in addition to the contributions made to the Consolidated

Government by Mr. Lakoduk, if you will recall on last year, there was an

article in the newspaper about an employee who found and turned in $46,000 that

was buried in the garbage at Pine Grove Landfill, that employee was Mr. Lakoduk.



Councilor Turner Pugh said we would like to say a special thank you to Mr.

Lakoduk.



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RECOGNITION OF SPECIAL GUESTS:





Mayor Poydasheff recognized the presence of Reverend & Mrs. Joseph

Roberson and Ms. Pat Hugley Green, who are members of our School Board who was

present in the Council Chambers.



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CAREER AND TECHNICAL EDUCATION WEEK:



With Mr. Dwight Whitley standing at the Council table, Councilor Anthony

read the proclamation of Mayor Poydasheff, proclaiming February 13 - 19, 2005

as ?Career & Technical Education Week?, in Columbus, Georgia.



Mr. Whitley said he is here on behalf of Mr. Steve Pitts, Director of

Technology and Career Education who was called out of town due to grave illness

of his mother.



Several of the teachers and students with the VOT Program from Columbus

High, Northside High, Jordan High, Teen Parenting Center, Shaw High, Hardaway

High, and Carver High School were also present with

Mr. Whitley.



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BLACK HISTORY MONTH:



With Ms. Carol Gerdes of the Columbus Times Newspaper standing at the

Council table, Councilor Suber read the proclamation of Mayor Poydasheff,

proclaiming the month of February 2005 as ?Black History Month?, in Columbus,

Georgia.

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ZONING PUBLIC HEARING:



THE FOLLOWING THREE ZONING PUBLIC HEARINGS WERE SUBMITTED AND A PUBLIC

HEARING WAS HELD ON EACH AS ADVERTISED:





An Ordinance - Rezoning approximately 0.546 acre of property located at

3590 Buena Vista Road from a C-2 District to a C-3 District. (Recommended for

conditional approval by the Planning Advisory Commission and denial by the

Planning Division.) (72-D-04-McAbee)



Mayor Pro Tem Rodgers said he has a problem with this, as it appears that

our only intent and purpose of rezoning this piece of property is to allow a

billboard to be put on that site. He said from having some billboards along the

area in his district, he find that they can be intrusive to neighboring

residential properties. He said he feels like C-2 zoning is the highest zone

that he can support, which is what it is now.



Councilor Henderson said his concern is not so much the use of it, than it

is the zoning classification. He said it is a relative small strip of land and

said if any future requests comes before us for a C-3 zoning classification, it

won?t tell us that it is just for a billboard, they will just show it as a C-3

zoning and it will be tough to deny it. He said it couldn?t see any compiling

reason to approve this request.



PROPONENTS & OPPONENTS:



Mr. Scott McAbee, President of Georgia E-Fast Tax Service, Inc., said

they also have a d/b/a Associates & McAbee. He said they have established their

clientele by offering legitimate professional tax services to the community

year round. He said the Corporate office for Georgia E-Fast Tax Service resides

next door to the property that he is requesting to be rezoned



He said they recently have branched out into the mortgage banking and

insurance industries and said his plans are to offer professional mortgage and

banking to the surrounding community. He said their goal is to try to improve

Columbus South and said that area around Buena Vista Road is in need of quality

professional services for that community and said they are trying to provide

that.



An information packet was distributed to the Mayor and Council, which Mr.

McAbee made reference to on several occasions in his presentation.

(A copy was not filed with the Clerk of Council for the Council?s records)



Mr. McAbee continued for some ten minutes in making his presentation in

expressing the reasons as to why he felt his request should be approved. He

said they agree with the Planning Advisory Commission?s recommendation of

conditional approval. He said they were upfront with them in telling them that

they wanted to put up a billboard to do extensive advertising so that they

could be competitive in their market



After the conclusion of his presentation, Mr. McAbee then responded to

several questions of Mayor Poydasheff and members of the Council.



Deputy City Manager Bishop also responded to questions of the Council as

it relates to whether or not they can get a variance for this property.



After continued discussions on this subject, City Attorney Fay in response

to a question of Councilor Suber as whether or not there is a reversionary

clause in the ordinance said the recommended condition of the Planning Advisory

Commission is that the property should be restricted to offices and a

billboard. He said there is no reversionary clause in the ordinance.



City Attorney Fay said if this ordinance is approved, it would be rezoned

C-3, but the condition would limit it to offices or billboard uses.



Members of the Council expressed their further views regarding this

proposed rezoning ordinance.



Mayor Pro Tem Rodgers said he would like to remind the Council that the

purpose of the sign ordinance is to limit the size of signs and he thinks if we

allow this subterfuge to permit larger signage, we would be opening up a

Pandora?s box.



Councilor Hunter said even if we put a reversionary clause in the

ordinance, reverting it back to C-2, his concern is that in Columbus South we

are trying to work on our appearance. He said even in a business area, we are

concerned about the appearance of the area, and when you put in a lot of large

signs, it detracts from the overall appearance of the area.



City Attorney Fay then asked if there was anyone else who wanted to be

heard on this matter, but there were none. He then declared this public hearing

held and pointed out that it would be voted on at next week?s Council meeting.



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An ordinance - Rezoning approximately 5.297 acres of property located at

8250 Fortson Road from an A-1 District to a C-3 District. (Recommended for

approval by both the Planning Advisory Commission and the Planning Division.)

(73-A-04-Rovig)



PROPONENTS & OPPONENTS:



Mr. Rovig was present, but he did not make a presentation, as there was no

one present to oppose this proposed rezoning ordinance.



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An Ordinance - Rezoning approximately 1.5 acres of property located at

1716 Fountain Court from a C-3 District to an A-O District. (Recommended for

conditional approval by both the Planning Advisory Commission and the Planning

Division.) (74-CA-04-Corbett)



PROPONENTS & OPPONENTS:



No one was present to speak for or against this proposed rezoning

ordinance.



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THE FOLLOWING ZONING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY

ATTORNEY FAY AND ITS FIRST READING DELAYED FOR ONE

WEEK:





An Ordinance - Rezoning approximately 20 acres of property located at

Dawson Estates, northeast of Dawson Elementary from an R-1A District to an R-2

District. (Recommended for approval by both the Planning Advisory Commission

and Ft. Benning and conditional approval by the Planning Division.)

(75-CA-04-Whitesville Dev. Corporation)



City Attorney Fay said we had a request to delay this proposed rezoning

ordinance. He said we have the petitioner who has a family member in labor and

then asked the Council for a motion to delay this matter for one week.



Councilor Henderson so moved. Seconded by Councilor Woodson and carried

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

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CITY ATTORNEY?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND ADOPTED BY THE COUNCIL:_________________



A Resolution (34-05) - Pursuant to O.C.G.A. Section 48-5-295 resetting the

terms of members of the Columbus, Georgia Board of Tax Assessors at six years.



City Attorney Fay said this is a housekeeping measure. He said we have an

ordinance setting the terms of this board that we have had in place since 1988;

however, the State Revenue Department is requesting this. He said there is a

State law that says the terms needs to be set specifically by a resolution.



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

by Councilor Allen and carried unanimously by those ten members of Council

present for this meeting.



THE FOLLOWING FOUR RESOLUTIONS EXPRESSING APPRECIATIION TO THOSE EMPLOYEES

WHO RECENTLY RETIRED FROM THE SERVICES OF THE CONSOLIDATED GOVERNMENT WERE

SUBMITTED AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE

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

CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:



A Resolution (35-05) - Expressing appreciation to Mr. Roland W. Belcher

upon his retirement with the Columbus Police Department after 24 years of

service.



A Resolution (36-05) - Expressing appreciation to Mr. Raymond Campbell

upon his retirement with the Superior Court after 25 years of service.



A Resolution (37-05) - Expressing appreciation to Mr. Terry L. Grimes upon his

retirement with the Information Technology after 21 years of service.



A Resolution (38-05) - Expressing appreciation to Mr. Richard B. Swift upon his

retirement with the Human Resources Department after 10 years of service.

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PUBLIC AGENDA:



MR. PAUL OLSON, RE: RESOLUTIONS TO THE GENERAL ASSEMBLY, 1993/1999 SPLOST

AND THE 2005 AMENDED BUDGET:



Mr. Paul Olson said he is here today to speak to the Council in regards to

the City?s 2005-revised budget. He said in July 1, 2004 we had $180,000,000. He

said with the tax digest increase and possibly with the local option sales tax,

we have increased a couple of million dollars and then asked, if we are going

to have a revised budget this year and how much is it going to be.



Mayor Poydasheff said the revised budget would be presented to the Council

on next week. He said he doesn?t know what the outcome will be until we sit

down and look at it, but said we are working on it right now.



City Manager Hugley said it would be brought forth next week.



Mr. Olson then asked if it would be several million of dollars? He said

when we do get this several million dollars, will we be able to give our City

employees a pay raise. He said if we do, then we need to spend that money for

them a raise.



He said on December 14th the Council voted on eleven resolutions to be

sent to the Legislative Delegation for them to act on and said you are opposing

legislation, which increases salaries of local elected officials without a

resolution from the local governing authority and said that he agrees with

that. He said he thinks it is important that you address that and he

understands that it is an unfunded mandate.



Mr. Olson asked, who asked for these eleven resolutions and said why

weren?t there some town hall meetings prior to sending these up to the General

Assembly. He said one thing that he would like to have addressed is House Bill

709; which is the last local option sales tax. He said he thinks the reason

that it failed was that it was not in writing in the contract where there would

be a pay raise for city employees, but it was based on trust.



He spoke for several minutes in giving his thoughts as to why he felt the

sales tax failed.



After Mr. Olson concluded his presentation, Mayor Poydasheff and members

of the Council responded to several of those concerns and comments made by Mr.

Olson.

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CITY MANAGER?S AGENDA:



THE FOLLOWING FOUR RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY

MANAGER HUGLEY AND ADOPTED BY THE COUNCIL:



A Resolution (39-05) - Authorizing the submission of an application and if

approved accept funds from General Mills in conjunction with The President's

Challenge for Youth health and well being in the after-school programs and day

camps. The grant is being awarded to 50 communities in the amount of

$10,000.000. Councilor Turner Pugh moved the adoption of the resolution.

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

Council present at the time, with Councilor Anthony being absent for this vote.



A Resolution (40-05) - Accepting a deed to a portion of Meadow Valley

Court and Cross Creek Lane located in Highlands Phase Eight, Garrett Creek.

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

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

time, with Councilor Anthony being absent for this vote.



A Resolution (41-05) - Accepting a deed to Lonesome Pine Drive, White Pine

Drive, portion of Southlake Drive, portion of Lonesome Pine Court, portion of

Slash Pine Drive and a portion of Tall Pine Court, located in Sections Three

and Four, Garrett Pines. Councilor Henderson moved the adoption of the

resolution. Seconded by Councilor Woodson and carried unanimously by those nine

members of Council present at the rime, with Councilor Anthony being absent for

this vote.



A Resolution (42-05) ? Accepting a deed to Mobley Walk Drive, Mobley Walk

Court and the Natural Detention Basin 1.76 acres, located in Mobley Walk

Subdivision. Councilor Henderson moved the adoption of the resolution.

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

Council present at the time, with Councilor Anthony being absent for this vote.



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THE FOLLOWING FIVE PURCHASING 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 ALLEN AND SECONDED BY COUNCILOR WOODSON, WHICH

CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT AT THE TIME, WITH

COUNCILOR ANTHONY BEING ABSENT FOR THIS

VOTE:





A Resolution (43-04) - Authorizing the annual contract to purchase low

floor mini-buses, with video cameras installed, from BusGroup Commercial Bus

Sales. METRA anticipates purchasing approximately 12 buses over a four-year

period. The unit price, per fiscal year of the contract, for the buses, with

cameras installed, is as follows: FY05-$138,416.00, FY06-$142,793.00,

FY07-$147,289.00 and FY08-$299,192.00. METRA will purchase three (3) minibuses

for FY05 at a total cost of $415,248.00. The low floor mini-buses are

replacement units for the existing minibuses used for the paratransit program

to transport the elderly and disabled customers in the Muscogee county area.

The annual contract will enable METRA to replace old buses as needed for the

next four years. The term of contract shall be for one (1) year, with option to

renew for three (3) additional twelve (12) month periods. Contract renewal is

contingent upon the City and the Contractor.



A Resolution (44-04) - Authorizing the execution of a construction

contract with Cline Construction Company for silt removal at Lake Oliver. Over

the years, silt has built up at Lake Oliver Marina in the area where Roaring

Branch joins the Chattahoochee River, as well as, in the smaller area of

Standing Boy at Lake Oliver. Approximately 15,000 yards of silt needs to be

removed from Lake Oliver. The amount of silt has accumulated to the point

where the use of residential boat docks is negatively impacted. The City has a

site for disposal of the silt, approximately 14 miles from Lake Oliver.



A Resolution (45-04) - Authorizing payment to Motorola Communication

Enterprise (Schaumburg, IL) in the amount of $50,415.36 for mobile data

terminal hardware maintenance and support. The maintenance provides hardware

support and repair for mobile data terminals, which are installed in vehicles

of the Police Department, Sheriff?s Office, Fire Department, Marshall?s Office

and Inspections & Codes. The services will be provided on a 24 x 7 x 365

schedule, for February 2005 through January 2006. All of the equipment is

manufactured by Motorola and is proprietary in nature. Therefore, this payment

is considered an Only Known Source, per Section 3-114 of the Procurement

Ordinance.



A Resolution (46-04) - Authorizing the purchase of nine (9) utility 4x2

mid-size, extended cab pick-up trucks from Jay Auto Group in the amount of

$109,691.55. These trucks are replacement units and will be used by the Special

Enforcement Division, Landscape and Forestry Division, Street Repairs and

Maintenance Division, Right of Way Maintenance Division, Solid Waste Division

and Recycling Division of the Public Services Department. The truck for the

Special Enforcement Division will be used as an animal control truck. The

other divisions will use the trucks to transport work materials to and from job

sites.



A Resolution (47-04) - Authorizing various payments to IBM, in a total

amount not to exceed $94,408.00, for contract systems programming services and

license charges for existing computer software. The $94,408.00 is the amount

approved in the FY05 Budget for licensing and lease purchasing operating system

software, application development software, and database management software

for the mainframe. Also included in the amount is $10,000 for IBM contract

system programming services, which provides on-site system support, Internet

Firewall support and telecommunications support as necessary to maintain daily

operational service levels. The operation systems, application development, and

database management software serves all users of the computer to include,

Public Safety, Courts and General Government.



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ACCEPTANCE OF MOBLEY WALK:



Councilor Davis asked City Manager Hugley to clarify for him the process

of the acceptance of streets.



Deputy City Manager Bishop said in residential neighborhoods, we accept

the detention ponds and then we maintain them after the warranty.



Councilor Davis said he would like to request that the Engineering staff

go back out and look at the natural detention basin to make certain that

everything is in order with the acceptance of this street.



Deputy City Manager Bishop said we will do that and also pointed out that

there is a warranty period on it before we actually take it over.



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UPCOMING EVENTS:



City Manager Hugley highlighted several upcoming events, as outlined below:



Day Date Time Event Location

Wed Feb. 2 6:00p.m. Orchard Grove Park Meeting Oxbow Clubhouse

3491 S. Lumpkin Road

Mon Feb. 7 6:45p.m. Community Meeting - Flat Rock Park Mountain Bike Trail Proposal Midland

Middle School

6990 Warm springs Road





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DISTRICT 8 LITTLE LEAGUE:



Councilor Woodson said District 8 Little League was having a problem

getting out to the schools for registration opening and said there was an email

sent to the Council members to see if we could assist them in that process by

putting something on the Government Access Channel advising that they are

currently accepting applications.



After conferring with one of his staff members, City Manager Hugley

pointed out that we do have this information and ii is currently being scrolled

on CCG-TV.



*** *** ***



POT HOLES:



Councilor Allen said he talked with City Manager Hugley earlier and Deputy

City Manager Bishop regarding Warm Springs Road and pointed out that there was

some attention needed to some pot holes out there and he wants to state for the

record that within the next few weeks, the City will be out there and have

those taken care of.



*** *** ***



APARTMENTS ON ANDREWS ROAD:



Councilor Turner Pugh said she would like for the City Manager?s office to

have the staff to check and make certain that with the renovations of those

apartments on Andrews Road that they put in a paved driveway.



She said she thinks by ordinance, if they are going to have people parking

in that parking lot, it is required that it be paved.



City Manager Hugley said they would follow up on that and look into her

concern.

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CLERK OF COUNCIL'S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR & COUNCIL:



(1) ACCG?s Legislative Update Newsletter, Volume 15, Number 1.



(2) Memorandum from ACCG, Re: Indigent Defense Application Fee.



(3) Memorandum from GMA, Re: District Days at the Capitol.



(4) Memorandum from Clerk of Council Washington, Re: Board of Honor.



(5) Memorandum from Clerk of Council Washington, Re: Personnel

Review Board.



(6) Biographical Sketch of Mr. Robert Taylor, Councilor Suber?s nominee

for a position on the Personnel Review Board.





*** *** ***



EMPLOYEES? PENSION BOARD OF TRUSTEES:



Clerk of Council Washington submitted a letter from Mr. Jack Nowell

resigning from his position on the Employees? Pension Plan, Board of Trustees.

Mayor Pro Tem Rodgers moved the letter be received with regrets and thanks for

service. Seconded by Councilor McDaniel 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:







Employees? Pension Plan, Board of Trustees, January 5, 2005.

Public Safety Advisory Commission, December 9, 2004.

Tax Assessors, No. 2-05.

Tax Assessors, No. 3-05.

Uptown Fa?ade Board, December 20, 2004.

Zoning Appeals, Board of, December 1, 2004.



Councilor Henderson 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.



*** *** ***



PERSONNEL REVIEW BOARD:



Councilor Suber also pointed out that Mrs. Kay Howse and Mr. Guy Smith

does not wish to serve on the Personnel Review Board and then made a motion

that their resignations be received with regrets as well and thanks for their

service. Seconded by Councilor Allen and carried unanimously by those ten

members of Council present for this meeting.



*** *** ***



BOARD APPOINTMENTS:



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



Clerk of Council Washington pointed out that Mr. Jose Feliciano has

resigned from his position on the C.I.R.C.L.E. and that Council needs to

nominate someone to succeed him. There were no nominations.



*** *** ***



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.



*** *** ***



HONOR, BOARD OF:



Clerk of Council Washington pointed out that we need someone to succeed

former Councilor Philip Batastini, who is now deceased.



In response to a question of Councilor Allen, Clerk of Council Washington

pointed out that former Councilor Stephen Hyles serves as an alternate member

on the Personnel Review Board and that he is not on the Board of Honor.



Councilor Allen said he thinks he could still serve on the Board of

Honor. However, Mayor Pro Tem Rodgers said he doesn?t know whether he can or

not, but said he thinks that we ought to consider exempting this board from the

non-duality rule, because of the limited number of persons available to serve

on this board.



He then asked City Attorney Fay to look at this and then draft an

ordinance that would exempt the Board of Honor from our rule of not being able

to serve on two boards.



*** *** ***



PERSONNEL REVIEW BOARD:



Clerk of Council Washington pointed out that Mr. Guy Smith had been

nominated earlier to succeed himself for another term of office, but has later

advised that he does not wish to be reappointed. She further pointed out that

Ms. Kay Howse had also been nominated to move up from an alternate member to a

regular member, but has also indicated that she does not wish to serve again.



She said she believes that Councilors Anthony and Suber have a nomination

on today. Councilor Anthony then nominated Mr. Roger Buterbaugh to move up

from an alternate member to a regular member in the seat of Mr. Guy Smith.



Councilor Suber then nominated Mr. Robert Taylor for to succeed Mr. Ellis

Dandy, who is not eligible to succeed himself.



Councilor Henderson said he has a nominee as well and then asked if the

alternate member automatically moves up to a regular member status. Councilor

Turner Pugh then pointed out that if a Council member nominates them.

Councilor Henderson then nominated Mr. Stephen Hyles to move up as a

regular member.



After continued discussion on this subject, Councilor Suber moved his

nominee of Robert Taylor from the regular member to an alternate member, to

succeed Mr. Roger Buterbaugh. Councilor Henderson then nominated Mr. Gerald

Wyatt to succeed Mrs. Kay Howse as an alternate member and Mr. Stephen Hyles to

succeed Mr. Ellis Dandy as a regular member.



Clerk of Council Washington pointed out that she would outline each of

these nominees on next week?s Agenda and then bring then back for the Council?s

confirmation.



In response to a question of Councilor Turner Pugh, Clerk of Council

Washington said that Mr. Cliff Brinson also serves as an alternate member and

has not been moved up.



*** *** ***



TAX ASSESSORS, BOARD OF:



Clerk of Council Washington pointed out that Mr. William Braxton was

nominated two weeks ago to succeed himself for another term of office and that

he may now be confirmed. Mayor Pro Tem Rodgers so moved. Seconded by Councilor

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

this meeting.



*** *** ***



PUBLIC SERVANTS:



Councilor Davis said every once in a while you need a pat on the back and

said he thinks that we all can use a moment of encouragement in our lives. He

said tonight he wanted to share with this Council that there was a group of

young students in Mr. East?s English Literature Class at Brookstone School who

took the time to write each of the Council members a letter and to thank each

one of us.



He said for someone to take time out of their day, which these kids did to

just share some thoughts and to brighten up our day, he thinks that means a lot

and is encouragement to all of us.



Councilor Davis said he would like to say thank you to the kids in Mr.

East?s English class.



Councilor Anthony said maybe we could bring Mr. East?s English class over

to a Council meeting and then recognize them.



*** *** ***



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

before the Council that was not listed on the Agenda, they could be heard at

this time.



Ms. Connie Lloyd, 7926 Valentine Way appeared and said she listened and

was present on last week during the Council meeting and found it fascinating

and said she had a interest in the presentation on the smoke-free workplace

ordinance and she has some comments to make on that today.



She said we have a beautiful river that flows by our City, the

Chattahoochee and said the river was one of the reasons she moved here to

Columbus. She said she thinks it is a vital part of the character of our town.



Ms. Lloyd sad last week when she was listening to the discussion at the

Council meeting she had a thought, which was what if the businesses that was

located on the river chose to dump their sewage or their manufacturing waste or

whatever else they wanted into the river and then said if you don?t like what?s

in the river, then don?t swim, fish, boat or don?t drink the water from it. She

said that would outrage her, and she thinks the Council members would be

outraged by that as well.



She said to her there is a similar endangerment to the indoor air that

occurs everyday here in Columbus. She said there is no question that

secondhand smoke emits dangerous life threatening cacogenic into the air. She

said the local health department could provide us with the evidence of that

fact. However, several of you on last week expressed the beliefs that it was

not the business of the City Council to regulate the workplaces that allow

indoor smoking and said the customers could choose to go elsewhere. She said

that would be the same as saying you are not in the business of protecting the

river.



Ms. Lloyd spoke for several minutes in expressing her views regarding an

ordinance for a smoke free environment saying that she believes that you do

have an obligation to protect the air that the citizens breath just as you have

an obligation to protect the river that is so valuable to this city. She said

she would urge the Council to entertain and adopt an ordinance that bans

smoking in workplaces.



*** *** ***



Mr. Paul Olson appeared once again and made comments regarding contracts

and oaths. He said when the President of the United States on inanguralation

day, he took an oath, to uphold the constitution of the United States of

America. He said likewise in January, some of the Council members took an oath

of office to uphold the City Charter, which means that every City Council and

elected official, including the Mayor. He said in reading the Charter, the

Mayor and the City Attorney, they sign all contracts.



He said the Columbus Ledger Enquirer printed from the Charter, the duties

of the City Manager and said nowhere in that Charter does it state that the

City Manager signs contract. He said resolutions do not supersede the Charter,

which is law. He said in regards to that, he wants to bring up something again,

which has been a thorn in his side, which is the Orchard Grove Mobile Home

Park. He said Councilor Woodson has also taken flax regarding this issue,

rightful so because there are some people who are being moved out of their

homes. He said there is nowhere in the contract that these people are being

relocated at the City Government?s expense or Mr. Brent Buck, who is the agent

for the Orchard Grove Park, LLC.



After Mr. Olson continued to make comments regarding this contact, Mayor

Poydasheff then asked City Attorney Fay if the Council ratified the action that

was taken by the Council.



City Attorney Fay said he has explained this before, saying that sometimes

the Clerk doesn?t get a final original document until after the closing, and

said she received the document after the closing from Ms. Lynette Gross, then

he approved it as to form, as he normally does and then the Clerk puts her

stamp on it, authorized by the Council?s Resolution. He said if we don?t get

the original legal document until after the closing, the Clerk couldn?t sign it

and neither can he. He said he has certainly seen the draft and he is sure that

the Mayor has seen the draft of the agreement.



After Mr. Olson continued to make further comments regarding this contact,

Mayor Poydasheff then asked if the actions taken in the purchase of Orchard

Grove Mobile Home Park are legal and binding.



City Attorney Fay said the Council ratified the proper authorization of

the Resolution of the Council.



Mayor Poydasheff then said the bottom line is that we are of the opinion

that what we did was legal and binding.



Mr. Olson said he talked with an employee at the Wal-mart on Buena Vista

Road and they have told him that they are going to be relocating a Super

Wal-mart on Schultaga Road, north of Macon Road.



Mayor Poydasheff said he doesn?t know anything about that.



Mr. Olson said that this will affect South Columbus and Buena Vista Road

and he is concerned about that. He said the more businesses that leave South

Columbus that means the residents have to go further north to do their

shopping.



Councilor Turner Pugh said she thinks that Mr. Olson needs to talk with

the management of Wal-mart. She said from what she understands they wanted to

expand their current location, but whoever owns that complex wouldn?t sell them

any additional properties, so they are trying to locate a Super Center in

Southeast Columbus, but she does not know exactly where it is going to be

located.



*** *** ***



Mr. Bert Coker, 5815 Ventura Drive said on last week Councilor Turner Pugh

mentioned that she had spoken with the Governor and stated that we would be

getting $11 million from the State and then asked; why are we getting $11

million from the State?



Councilor Turner Pugh said when Governor Barnes was in office, he promised

the City of Columbus additional funding on the Trade Center and when he lost

re-election, the money was not there to give it to us before. She said as part

of the Governor?s bond packet, $11 million, which is the balance of that $22

million, would be a part of Governor Perdue?s packet that will be presented to

the legislative body for approval that they will receive sometime in March.



Mayor Poydasheff said the money would be used for the Trade Center as part

of the $22 million bonds that we have to retire the bonds.



*** *** ***



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

Poydasheff then entertained a motion for adjournment. Councilor Suber so moved.

Seconded by Councilor McDaniel and carried unanimously by those ten members of

Council present, with the time being 7:22 p.m.





Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia