Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

JANUARY 22, 2002











The regularly weekly meeting of the Council of Columbus, Georgia was

called to order at 9:02 A.M., Tuesday, January 22, 2002, on the Plaza Level of

the Government Center, Columbus, Georgia. Honorable Bobby G. Peters, Mayor,

presiding.



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

were Councilors R. Gary Allen, Berry Henderson, Julius H. Hunter, Jr., Robert

Poydasheff, Evelyn Turner Pugh, Richard Smith, Nathan Suber and Evelyn

Woodson. City Manager Carmen Cavezza, City Attorney Clifton Fay, Clerk of

Council Tiny B. Washington and Deputy Clerk of Council Sandra Davis were also

present.



ABSENT: Councilor Charles E. McDaniel, Jr., was absent.



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INVOCATION: Offered by Reverend Sharon Billins ? Christ Cathedral Outreach

Ministry.

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PLEDGE OF ALLEGIANCE: Led by students from Baker Middle School.



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MINUTES: Minutes of the January 15, 2002 meeting of the Council of the

Columbus Consolidated Government of Columbus, Georgia were submitted and

approved unanimously upon the adoption of a motion made by Councilor Poydasheff

and seconded by Mayor Pro Tem Rodgers.

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ZONING PUBLIC HEARINGS:



THERE WERE NO ZONING PUBLIC HEARINGS SCHEDULED FOR TODAY?S MEETING.

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CITY ATTORNEY?S AGENDA:



THE FOLLOWING ORDINANCE WAS SUBMITTED AND ITS CAPTION READ BY CITY

ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND

READING:





An Ordinance (02-14) - Amending Chapter 13 of the Columbus Code so as to

prohibit smoking of tobacco during regularly scheduled games on playing fields,

in dugouts and within 25 feet of bleachers or permanently affixed spectator

seats located at any City park or recreational facility. Councilor Smith moved

its adoption. Seconded by Mayor Pro Tem Rodgers.



Councilor Poydahseff said he would like to ask that the ordinance be

delayed again, because there are some concerns about it, from individuals such

as Ms. Stockon, who is in charge of the Clean Air Committee. He said if we are

going to have an ordinance, perhaps, it could be more inclusive than what it

is. He said he believes that we have too many laws on the books that tries to

address each and every problem that we have, when it can be cured

administratively.



He said we have had fairly good, if not excellent compliance where we have

set policies that were done administratively, where they don?t have the police

enforcing those policies. He said the people that participate in little league

are basically good people; and if they see the sign and knows that the policy

is that there shouldn?t be any smoking in the bleachers or dugouts or on the

fields, then they will comply.



Councilor Poydasheff said the less laws we have cluttering our books, the

better off this City will be, and said he will not support another law that is

unenforceable.



Councilor Smith said if we did away with every law that we couldn?t

enforce then there wouldn?t be any on the books.



Several members of the Council then expressed their views on this

ordinance, after which City Attorney Fay pointed out exactly what the ordinance

would do. The question was then called on Councilor Smith?s motion to adopt the

ordinance, which carried by a vote of 7 to 2, with Councilors Poydasheff and

Suber voting no, and all other seven members of the Council present voting yes.



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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND INTRODUCED ON FIRST

READING:





An Ordinance - Amending the budgets for the fiscal year 2002 beginning

July 1, 2001 and ending June 30, 2002, for certain funds of the Consolidated

Government of Columbus, Georgia, appropriating amounts shown in each fund for

salary increases, fees, positions and other activities; and for other purposes.



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WITH MR. WILILAM L. DUCK, JR., STANDING AT THE COUNCIL TABLE, THE

FOLLOWING RESOLUTION WAS SUBMITTED BY CITY ATTORNEY FAY AND READ IN ITS

ENTIRETY BY MAYOR PRO TEM RODGERS AND ADOPTED BY THE

COUNCIL:





A Resolution (19-02) - Commending and congratulating Mr. William L. Duck,

Jr., Chief of the Columbus Inspections and Code Enforcement Division, upon his

being elected President of the Southern Building Code Congress International,

Inc. Mayor Pro Tem Rodgers moved its adoption. Seconded by Councilor Poydasheff

and carried unanimously by those nine members of Council present for this

meeting.



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THE FOLLOWING FOUR RESOLUTIONS WERE SUBMITTED BY CITY ATTORNEY FAY 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 POYDASHEFF, WHICH CARRIED UNANIMOUSLY BY THOSE EIGHT

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

THIS

VOTE:





A Resolution (20-02) - Expressing appreciation to Mr. Larry M.

Carter upon his retirement with the Columbus Police Department after

more than 31 years of service.



A Resolution (21-02) - Conveying condolences to the family of Mr. Urmond

A. Roberts, former employee with the Columbus Water Works, who passed away on

September 21, 2001.



A Resolution (22-02) - Conveying condolences to the family of Ms. Linda D.

Demps, former employee with the Columbus Adult Probation Office, who passed

away on October 20, 2001.



A Resolution (23-02) - Conveying condolences to the family of Mayor James

E. Jernigan, former Mayor and Councilman with the Columbus Consolidated

Government, who passed away on October 29, 2001.

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PUBLIC AGENDA:



NO ONE REQUESTED TO BE LISTED ON TODAY?S PUBLIC AGENDA.

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SWIMMING POOL FEES:



City Manager Cavezza said we will have three new swimming pools that will

be opening on next summer and said the fees proposed for those pools are as

follows:



18 years old & over - $3.00



12 ? 17 years old - $2.00



Seniors (Age 55 & over) - $2.00



11 years old & under - $1.00



Seasonal pass - $30.00



City Manager Cavezza said in the event that there are some children that

can?t afford these rates, then Parks & Recreation has programs in place, to

work with those families. He said those fees are included in the mid-year

budget adjustments.



Mayor Peters said he knows that we may receive some telephone calls asking

why do we have to charge to get into a swimming pool, and said the people of

Columbus gave us a sales tax to build these new pools and once you build them,

you will have to maintain them. He said we have already started construction

on these pools and said they should be ready this summer. He said if someone

just doesn?t have the money and can show that you are below the poverty level,

then you don?t have to pay these fees.



City Manager Cavezza said these are leisure pools and said they will have

some lap lanes. Councilor Woodson also pointed out that there are some family

rates available and they will be published at a later date.



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MID-YEAR BUDGET ADJUSTMENTS:



Referring back to the ordinance that was on first reading, as it relates

to mid-year budget adjustments, Councilor Suber asked City Manager Cavezza what

was the $130,000 expenditure for in the Risk Management Fund, to which

Councilor Turner Pugh answered that it was for a worker?s compensation claim

filed on June 30, 2001.

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CITY MANAGER?S AGENDA:



THE FOLLOWING FOUR RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY

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

MOTION MADE BY COUNCILOR POYDASHEFF AND SECONDED BY MAYOR PRO TEM RODGERS,

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

MEETING.





A Resolution (24-02) - Supporting legislation to expand the allowable tax

abatements and other incentives to include retail and daycare facilities that

locate within an Enterprise Zone that creates five or more jobs as mandated by

current state legislation.



A Resolution (25-02) - Approving the FY-03 Holiday Schedule for the

Columbus Consolidated Government.



A Resolution (26-02) - Authorizing the Mayor to execute Certificate of

Ownership and Agreement with the Georgia Department of Transportation for the

patching and resurfacing of 18.177+/- miles of City streets under the Local

Assistance Road Program (L.A.R.P.) identified as Project Number

LAU-32-8531-4(215), LAU32-8531-6(215), PR 8530-5(215) and additional PR Project

for patching, Muscogee County.



A Resolution (27-02) - Authorizing the City Manager to execute a quit

claim deed to Virgil Ted Theus and Brenda Mae Theus for surplus City property,

located between 1615 and 1623 16th Avenue, in Weracoba Heights.



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LARP PROJECTS:



Councilor Allen asked City Manager to provide a list of the construction

start dates for each of the projects. City Manager Cavezza, after conferring

with Deputy City Manager Bishop said the contract will be given to someone and

said he is not sure if we can pen down the start dates. He said it will be

after June, and said we will try to keep the public apprised of this

information.



Mayor Peters said when we get all the contracts from the Department of

Transportation, they always use Project Numbers and said that he would like for

us to ask the Department of Transportation that when they submit the paperwork

on these projects, to list the street names rather than using the Project

Numbers.



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RETAIL AND DAYCARE FACILITIES:



Councilor Hunter thanked City Manager Cavezza for bringing the resolution,

with regards to the request of the local legislative delegation to introduce

and support legislation to allow retail and daycare facilities to be included

in the Enterprise Zone. He said initially we started out with economic

development and then amended it to include residential, but said we have had a

number of inquiries from people in the retail and daycare business, who have

inquired about going into the Enterprise Zone, and said he thinks it will be a

good mix for that area.



City Manager Cavezza said that there are people who are seriously

interested in doing that, if we get this approved.



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L.A.R.P. PROJECTS:



Councilor Henderson said he would like to get an update, as to where

Cherokee Avenue and Williams Road are on our list of requests for L.A.R.P

Projects. City Manager Cavezza said we are putting together a contract on

Cherokee Avenue, but said we have some major problems on the side of Cherokee

Avenue that we have to address and said that will require some extensive work

on that road. He said we are going to run the list of those thirty-five (35)

streets on the Government Access Channel.



Councilor Turner Pugh said some time ago, she had asked about when we go

into a subdivision to resurface a road, about trying to do all of the roads in

that subdivision instead of doing one and then come back a year later and do

another. She said we were supposed to inventory all the roads and get them on a

maintenance schedule and then asked City Manager Cavezza, where are we with

that process?



City Manager Cavezza said we have a contract with a company who is doing

the pavement management system, and they are in the process of analyzing all of

our roads. He said we will have all that data, where we can put our plans

together and project out into the future; then, we will know exactly when we

will have to address what roads.



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THE FOLLOWING RESOLUTION WAS ALSO SUBMITTED AND EXPLAINED BY CITY MANAGER

CAVEZZA AND DELAYED BY THE COUNCIL AT THE REQUEST OF COUNCILOR

POYDASHEFF:





A Resolution - Authorizing the execution of a quitclaim deed to

Murray Ventures, Inc., for an unused (750 sq. feet +/-) alley located along the

rear property of 5125 14th Avenue and 5126 13th Avenue.





Councilor Poydasheff said that he would like to request this resolution be

delayed, because he has received some telephone calls from some of the

residents of Beallwood. He said they would like to sit down and discuss this

issue a little more thoroughly with the City Manager because they were not

aware of it. He said there is some concern of firefighting equipment getting in

there in that alley.



City Manager Cavezza said we need to make sure that they understand it and

he will talk with those concerned.



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THE FOLLOWING FOUR PURCHASING RESOLUTIONS, WITH DETAILED INFORMATION

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

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

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

ALLEN, WHICH CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT FOR

THIS

MEETING:





A Resolution (28-02) - Authorizing the purchase of office furniture for

the District Attorney?s Office, via Georgia Statewide Contract #S-000534, from

National Office Furniture, in care of The Overby Company, (Columbus, GA), in

the amount of $33,742.80.



A Resolution (29-02) - Authorizing the payment of Attorney fees to Macey,

Wilensky, Cohen, Wittner & Kessler, LLP (Atlanta, GA), in the amount of

$34,497.10; Page, Scrantom, Sprouse, Tucker & Ford, P.C. (Columbus, GA.), in

the amount of $13,306.77; and Troutman Sanders, LLP. (Atlanta, GA), in the

amount of $12,012.49 from

Professional Legal Services.



A Resolution (30-02) - Authorizing the execution of a construction

contract with Robinson Paving Company, in the amount of $373,714.64.



A Resolution (31-02) - Authorizing an agreement with Troutman, Sanders,

Public Affairs Group, LLC (Pete Robinson), for Legislative Liaison Services, in

the amount of $24,000.



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ATTORNEY FEES:



Mayor Peters said as it relates to the issue of attorney fees and the fact

that the SOA Watch is asking for attorney fees, said he thinks that we need to

look at getting reimbursed for overtime and the time that public safety had to

put into that weekend; especially the second time going out after we thought

that we had disbursed everyone and they went back out and caused everyone to

come back out there.

He said at one time we had a cost estimate on that, and then said maybe we

can get the City Attorney to look into that.



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UNITY WEEK:



Mayor Peters said we had quite a weekend, in regards to the activities of

Unity Week. He said a lot of the Council Members, City Manager and a lot of the

people in the community attended most of these events.



He said he doesn?t understand why it is so difficult, when we talk about

treating people with mutual respect, which is what we are all talking about

when we talk about unity.



Mayor Peters also said we know that nobody will always agree with

everything, and we are not saying that they should, but what we are saying is

that we should at least respect each other, and just because someone is

different, you shouldn?t come down on them.



He said we appreciate all the efforts of all the clergy coming together in

the community, and said it is a continuous thing. He pointed out that we have

a One Columbus Summit coming up on February 15 - 16, 2002 and he is hopeful

that everyone will participate in it.



City Manager Cavezza, Councilor Woodson and Councilor Turner Pugh also

expressed their views regarding the activities that were held during Unity Week.



Councilor Turner Pugh asked City Manager Cavezza to send a letter to

Columbus State University about the One Columbus Summit, and inform them that

all ethnic groups would be participating in the Summit.

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LEGAL FEES:



Councilor Suber asked City Attorney Fay to give an update on the Troutman,

Sanders rendered legal services and what?s happening with the homestead tax

freeze. City Attorney Fay said they have reached a motion for summary judgment,

where motions and briefs have been filed with the Court and the Court will be

trying to decide as a matter of law, whether the Constitutional Amendment is

good law or should be changed in some way or has some kind of deficiencies. He

said various briefs have been filed on the City?s behalf by Troutman Sanders

and we are reviewing it. He said the plaintiffs have filed briefs to try to get

the Constitutional Amendment struck down. He said they are trying to get a

hearing set for sometime in March, but said it is up to the Judge.

SWEARING IN OF JUDGE CLAY LAND:



City Manager Cavezza reminded the Council that on Friday, January 25,

2002, Judge Clay Land will be sworn in at the Federal Building, at 4:00 p.m.



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CHAMBER OF COMMERCE ANNUAL MEETING:



City Manager Cavezza advised that the Chamber of Commerce would be having

its annual meeting and dinner on Monday, January 28, 2002 at 6:15 p.m. at the

Trade Center.



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YOUTH ADVISORY COMMISSION:



City Manager Cavezza pointed out that the Youth Advisory Commission would

also be meeting on Monday, January 28, 2002 at 6:00 p.m., in the Council

Chambers.



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D.O.T. PUBLIC HEARING:



City Manager Cavezza said there would be a Department of Transportation

public hearing on the Cusseta Road Project on Tuesday, January 29, 2002, at

Cusseta Road Elementary School?s Gym.

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CLERK OF COUNCIL'S AGENDA:



THE FOLLOWING ITEM WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR AND

COUNCIL:





(1) Notice of the next meeting of the Airport Commission.



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THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CLERK OF COUNCIL

WASHINGTON AND ADOPTED BY THE COUNCIL:





A Resolution (18-02) - Excusing Councilor Richard Smith from the

January 15, 2002 Council Meeting. Councilor Suber moved its adoption. Seconded

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

present for this meeting.



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MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE

COUNCIL:





Board of Tax Assessors, Number 1.

Council Briefing, November 13, 2001.

Uptown Fa?ade Board, December 17, 2001.



Mayor Pro Tem Rodgers made a motion that these minutes be received.

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

Council present for this meeting.



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THE FOLLOWING TWO NEW ZONING PETITIONS, RECOMMENDED FOR DENIAL BY BOTH THE

PLANNING ADVISORY COMMISSION AND THE PLANNING DIVISION WERE SUBMITTED BY CLERK

OF COUNCIL WASHINGTON AND RECEIVED BY THE

COUNCIL:



Petition submitted by Mr. David Erickson to rezone approximately 22 acres

of property located at 8091 Midland Road from an A-1 District to a R-1

District.

(1-D-02-Erickson)



Petition submitted by Mr. David Erickson to rezone approximately 32 acres

of property located at 8127 Midland Road from an A-1 District to a R-1

District.

(2-D-02-Erickson)



Mayor Pro Tem Rodgers made a motion that these two petitions be received.

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

Council present for this meeting.



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BOARD APPOINTMENTS:



BUILDING CONTRACTORS EXAMINING BOARD:



Clerk of Council Washington again advised that the term of office of Mr.

Sam Hartin on the Building Contractors Examining Board expired on December 31,

2001 and that he cannot succeed himself. She then asked if there were any

nominations, but there were none.



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CIVIC CENTER ADVISORY BOARD:



Clerk of Council Washington also pointed out that we still need a nominee

for Council Districts 5 and 7, but there were no nominations made.



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COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



Clerk of Council Washington again pointed out that we still need someone

to serve as Council District Six representative, as well as Council District

Seven, on the Community Development Advisory Council. She said these two seats

were declared vacant by the Council for some time now, and then asked

Councilors Allen and Woodson if they have a nominee for these two positions,

but there were none.



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EMERGENCY MANAGEMENT ADVISORY BOARD:



Clerk of Council Washington pointed out the term of office of Mr. James

Thorsen and Mr. Mark Adams on the Emergency Management Advisory Board expired

on December 31, 2001 and they cannot succeed themselves. She then asked if

there were any nominations, but there were none.

.

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HOUSING AUTHORITY OF COLUMBUS:



Clerk of Council Washington pointed out that Ms. Beatrice Grant?s position

as the resident member on the Housing Authority expired on November 15, 2001,

which is Mayor Peters? appointment.



Mayor Peters pointed out that we had originally stated that Ms. Grant

could not succeed herself; however, after Clerk of Council Washington conferred

with City Attorney Fay and there being no prohibition of the Resident Members

in the State law to preclude

Ms. Grant from succeeding herself, it was pointed out that she could now

succeed herself.



City Attorney Fay said as long as the resident continues to receive

benefits and live there, she can continue to serve. He said State law does not

prohibit it. He said the Council has informally done that with the two-term

limit as a policy, but said you don?t have to.



Mayor Peters then nominated Ms. Grant for another term of office on this

board. Councilor Poydasheff then made a motion that she be confirmed. Seconded

by Councilor Turner Pugh and carried unanimously by those nine members of

Council present for this meeting.



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LAND BANK AUTHORITY:



Clerk of Council Washington pointed out that Ms. Patricia Hedges? no

longer is a resident of Muscogee County and then pointed out that the Council

must name a replacement for her seat. There were no nominations made.



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BOARD OF TREE EXPERTS:



Clerk of Council Washington once again pointed out the term of office of

Mr. Donald Campbell on the Board of Tree Experts expired on December 31, 2001

and that he is not eligible to succeed himself. There were no nominations.



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PUBLIC SAFETY SALARIES:



Mayor Peters said there was an editorial in the newspaper, which stated

that the Council had not paid attention to salaries for Public Safety. He said

we are going to get that information together, because he thinks the Council

has done very good, because salaries have increased from $16,000 to $24,000. He

said to say that no one has been given any pay increases in several years is

just not true.



Councilor Suber said there have been several articles that have stated

that he was doing this for political reasons, but said that could be the

farthest thing from the truth. He said he doesn?t care about political reasons,

but said the realization in his opinion that you don?t lower standards to hire

people and lower the pay. He said he thinks that we defeated the purpose of

doing that and he thinks it has being misunderstood and he just wanted to clear

that up.



Mayor Peters said they talked about Police salaries, but said when you say

Public Safety we are talking about the Sheriff?s Department, Correctional

Officers, Jail and Coroner?s Office. He said that covers a lot of employees. He

said we have also been trying to increase non-public safety employees? pay, as

well.



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

Peters then asked if there was anyone who was not listed on the Public Agenda,

but had an issue to bring before the Council, they could be heard at this time.



Ms. Kathy Sims appeared and said she would like to thank the Council for

adopting the ordinance that deals with smoking on ball fields. She said her

youngest son is an asthmatic and said it?s really not an option whether or not

he breathes. She said whenever he is around smoke his airwaves are constricted.

She said they are blessed that he will be in American League this year and said

they do have a no smoking policy in effect. She said she wants it for every

child in Columbus, to be able to participate in youth sports, whether its

soccer or Little League, without breathing being an issue.



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Mr. Jim Doss appeared and said he would like to receive a copy of the

meritorious resolution for Mr. Urmond Roberts that was approved earlier by the

Council.



Mayor Peters then presented the copy to Mr. Jim Doss for Mr. Roberts?

sister, Ms. Alberta Boatner. Ms. Boatner requested another copy of the

resolution.



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with there being no other official business, Mayor Pro Tem Rodgers then

made a motion for adjournment. Seconded by Councilor Poydasheff and carried

unanimously by those nine members of Council present for this meeting, with the

time being 9:50 a.m.



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Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia