Columbus, Georgia

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR SESSION

AUGUST 31, 2004



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

order at 9:04 A.M., Tuesday, August 31, 2004, on the Plaza Level of the

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

presiding.



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

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

E. McDaniel, Jr., Evelyn Turner Pugh, 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 Julius H. Hunter, Jr., was absent, but was excused upon the

adoption of Resolution Number 367-04.



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INVOCATION: Offered by Councilor Wayne Anthony.

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PLEDGE OF ALLEGIANCE: Led by Beallwood Headstart Program.

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PROCLAMATIONS:



?A DAY OF SOLEMN REMEMBRANCE?:



Mayor Poydasheff said he would like to read into the record a proclamation

in remembrance of September 11th and he asked that it be published by the

media. He said copies would be provided to businesses in the community. He said

he is reading this proclamation on today because he will not be present at next

week?s Council meeting.



He then read the proclamation into the record, proclaiming September 11,

2004, as ?A Day of Solemn Remembrance?, in Columbus, Georgia.

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CITY ATTORNEY?S AGENDA:



WITH MS. KIJA HUMPHUS AND MEMBERS OF THE KOREAN AMERICAN ASSOCIATION

STANDING AT THE COUNCIL TABLE, THE FOLLOWING RESOLUTION WAS READ IN ITS

ENTIRETY BY COUNCILOR DAVIS AND ADOPTED BY THE COUNCIL:



A Resolution (351-04) - Commending and expressing appreciation to Ms. Kija

Humphus, the Korean American Association of Greater Atlanta, the Southeast

Korean American Association, the Consulate General of the Republic of Korea and

the Southeast Dance Association of America for their organization of the

Korean-American Friendship Performance in Celebration of July 4th. Councilor

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

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

meeting standing to cast their affirmative vote.

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NOTE: The City Attorney?s Agenda is continued below.

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HOUSE OF HEROES:



Councilor Anthony said on next week we will kick off the House of Heroes?

project and said this year it looks as if we may do almost 50 houses throughout

our community. He said he knows that Mayor Poydasheff will not be present for

that event and said he would like to express his appreciation to the Mayor for

his support throughout the years. He said the Mayor has been at every House of

Heroes ceremony and has been active and supportive.



He said the members of Council have been invited by the Chamber of

Commerce to participate on the house that they are doing, which will be

launched on September 10th along with the Society of Human Resources

Management. He said two different houses would be done and said he just wanted

to invite his colleagues to join them to work on a house and he will give you

the address on next week.



Councilor Anthony said since the Mayor wasn?t going to be present on next

week, he wanted to make sure that the members of the Council and the people of

the City of Columbus and Phenix City recognize how much support you have given

to us and we appreciate that.

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MINUTES: Minutes of the August 24, 2004 meeting of the Council of the

Consolidated Government of Columbus, Georgia were submitted and approved

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

seconded by Councilor Henderson.

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ZONING PUBLIC HEARINGS:



THE FOLLOWING ORDINANCE, WHICH WAS DELAYED FROM THE AUGUST 17TH COUNCIL

MEETING WAS SUBMITTED AND ITS CAPTION READ BY CITY ATTORNEY FAY AND DELAYED

AGAIN FOR ONE ADDITIONAL WEEK AT THE REQUEST OF COUNCILOR DAVIS:







An Ordinance - Rezoning property located at 6910 River Road from an A-0

District w/conditions to an A-0 District w/ amended conditions. (36-CA-04-River

Island Group)



PROPONENTS & OPPONENTS:



No one was present to speak to this rezoning ordinance, but Councilor

Davis said the residents and the representatives of the developer would like to

request another week delay on this rezoning. He then so moved. Seconded by

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

present for this meeting.



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THE FOLLOWING FOUR ORDINANCES WERE SUBMITTED AND THEIR CAPTIONS READ BY

CITY ATTORNEY FAY AND A PUBLIC HEARING WAS HELD ON EACH AS ADVERTISED:







An Ordinance - Rezoning property located at 3900 Fairview Drive from an

R-1A and R-2 Districts to an R-1A District. (41-A-04-Norris))



PROPONENTS & OPPONENTS:



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

ordinance. City Attorney Fay then advised that this ordinance would be voted

on at next week?s Council meeting.



An Ordinance - Rezoning property located 3807 Gentian Boulevard from an

R-1A District to an A-0 District. (42-CA-04-Bryant)



PROPONENTS & OPPONENTS:



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

ordinance. City Attorney Fay then pointed out that this ordinance would be

voted on at next week?s Council meeting.



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An Ordinance - Rezoning property located at Sonoma Pointe Subdivision

(Blackmon Road) from an R-2 District and A-1 District to an R-2 District with

conditions. (43-CA-04-Tiger Creek Development)



PROPONENTS & OPPONENTS:



Mr. David Fox was present, but he did not make a presentation, as there

was no one present to oppose this proposed rezoning ordinance; however, City

Manager Cavezza responded to a question of Councilor Allen.



Councilor Allen said the report indicates that this rezoning is being

changed to R-2 with conditions and said for clarification, he was trying to

find out more on it.



City Manager Cavezza said this is where the developer has asked for a

blanket exception that would allow him to variance an R-3 easement on his R-2

lots. He said this would allow him to build larger homes on the R-2 lots than

he can currently build.



City Attorney Fay said R-3 setbacks would be allowed and then pointed out

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



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An Ordinance - Rezoning property located at 2601 Courtland Avenue and

property along the SW corner of 2601 Courtland Avenue from an R-1A District to

an R-2 District. (44-A-04-Woodruff Company)



PROPONENTS & OPPONENTS:



Ms. Lucy Jones, representing the petitioner was present, but she did not

make a presentation, as there was no one present to oppose this proposed

rezoning ordinance.



City Attorney Fay then pointed out that this ordinance would be voted on

at next week?s Council meeting.

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CITY ATTORNEY?S AGENDA CONTINUED:



THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND AFTER MUCH DISCUSSION INTRODUCED ON FIRST READING:



An Ordinance - Providing for the demolition of twelve structures located

at 1600 Fort Benning Road, Buildings No. 1, 3, 5, 6, 9, 10, 11, 12, 13, 16, 17

& 19, (Capital Development, owner); and for demolition services for the

Inspections and Code Division in accordance with Tabulation of Bid sheet.



Mr. Brandon Sheehan, 1019 Greenwood Avenue, Atlanta, GA appeared and said

he is the Asset Manager for Traffic Gardens, LLP and said he would like to

request an extension for this demolition. He said he has the general contactor

present with him this morning and would like to explain the reason they are

asking for the extension.



City Manager Cavezza said this is the first time that we have heard from

this gentlemen and said he would have appreciated him giving us the courtesy of

coming to talk with the staff. He said this has been on and off again. He said

these are the buildings that we constantly get complaints about and we have

gotten promises and nothing has happened. He said we are tired of promises and

said if nothing is going to happen, we need to move ahead with the demolition.



Mr. Sheehan said they applied for tax credits on those properties for

three years and were never awarded the credit; therefore, they are not able to

do the rehabilitation that they wanted to. He said over the last six months,

they had four contracts on the properties but they all have fallen through. He

said they now want to move forward with their own demolition.



Mr. Sheehan then responded to several questions of members of the Council.

He said the property is going to be demolished, but they just want an

opportunity to do it themselves.



City Manager Cavezza said they don?t have a problem with them doing this,

but said we could have coordinated this with them. He said he would like for

the Council to continue with the process in the event that they don?t demolish

it, then we can do it.



After continued discussion on this issue, Councilor Suber then made a

motion to allow them 60 days to demolish the properties. Seconded by Mayor Pro

Tem Rodgers.



Councilor Allen said he would like to hear from the contractor and to find

out if he is a licensed contractor.



The gentleman said he is with Camden Management Partners and said they

demolish a lot of properties around the State and are based in Atlanta. He

said during the past 3 years they have demolished a little over 475 buildings

in the Atlanta area from Villa Rica throughout to Athens. He said they also did

some initial work on the Johnson Mills here in Columbus a few years ago.



Mayor Poydasheff then asked if they had to get a business license here in

Columbus since they are doing the work here, but are out of Atlanta.



City Attorney Fay said they may need to, but said we will look into that.



Prior to Mayor Poydasheff calling the question on the motion to allow 60

days to demolish the properties, Councilor Henderson then asked why do we need

to take a vote because we can do this administratively. He said we could go

ahead and adopt the ordinance when its on second reading on next week and we

just allow the City Manager to give them 60-days to demolish the properties.



Councilor Suber then withdrew his motion.



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THE FOLLOWING TWO ORDINANCES WERE ALSO SUBMITTED AND THEIR CAPTIONS READ

BY CITY ATTORNEY FAY AND THEN INITRODUCED ON FIRST READING:







An Ordinance - Amending Columbus Code Section 13-167.2 (6), General

Provisions by adding two new subsections (a) and (b), to provide for trees to

be picked up by the Department of Public Services for a fee and to set forth

the length requirements and placement of the trees for pickup. In addition,

amending Columbus Code Section 13-169.1 Same-Residential by adding a new

subsection (j) to set fees for tree pickup and to establish the process for

billing and collecting of said fees.



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An Ordinance - Amending and increasing FY05 E911 Budget by $40,317 to

$2,838,221 and authorizing payment for retroactive balance of $61,814 to

Cingular Wireless pursuant to O.C.G.A. ?46-5-134; and authorizing the City

Manager and Finance Director to make future payments for recurring maintenance

charges pursuant to O.C.G.A. ? 46-5-134; and for other purposes.



City Manager Cavezza said we have been collecting $1.00 from each provider

and putting it in a fund, which would be reimbursed to them as they develop the

two-phase technology. He said the first phase was getting the caller id, which

they have all achieved. He said now they are moving in the second phase, and

have come in and said they are ready to do the position location, where they

can tell where the phones are located and based on that then we provide them

with the funds for the technology, which is what this is.



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THE FOLLOWING THREE RESOLUTIONS EXPRESSING APPRECIATION TO THOSE EMPLOYEES

WHO RECENTLY RETIRED FROM THE SERVICES OF THE CONSOLIDATED GOVERNMENT WERE ALSO

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 UNANIMOUSLIY BY THOSE

NINE MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:



A Resolution (352-04) - Expressing appreciation to Mr. Michael P. Bailey

upon his retirement with the Muscogee County Sheriff's Department after 28

years of service.



A Resolution (353-04) - Expressing appreciation to Mr. Verlon R. Ford upon his

retirement with the Public Services Department after 14 years of service.



A Resolution (354-04) - Expressing appreciation to Mr. Henry Morris, Jr. upon

his retirement with the Parks and Recreation Department after 15 years of

service.



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THE FOLLOWING SEVEN RESOLUTIONS EXPRESSING CONDOLENCES TO THE FAMILY OF

THOSE FORMER EMPLOYEES OF THE CONSOLIDATED GOVERNMENT WHO RECENTLY PASSED AWAY

WERE ALSO SUBMTTED 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 ALLEN, WHICH CARRIED UNANIMOUSLY BY THOSE

EIGHT MEMBERS OF COUNCIL PRESENT AT THE TIME WITH COUNCILOR SUBER BEING ABSENT

FOR THIS

VOTE:





A Resolution (355-04) - Conveying condolences to the family of Mr. Larry

D. Qualls, former employee with the Columbus Police Department, who passed away

on June 16, 2004.



A Resolution (356-04) - Conveying condolences to the family of Mr.

Clarence Mitchell, former employee with the Columbus Airport, who passed away

on June 19, 2004.



A Resolution (357-04) - Conveying condolences to the family of Mrs.

Caroline Baucom, former employee with Muscogee Manor, who passed away on June

25, 2004.



A Resolution (358-04) - Conveying condolences to the family of Mr. Ruie

Clen Bell, former employee with the Public Services Department, who passed away

on June 29, 2004.



A Resolution (359-04) - Conveying condolences to the family of Mr. Ralph

K. Britt, former Director of the Finance Department, who passed away on June

30, 2004.



A Resolution (360-04) - Conveying condolences to the family of Mr. Gordon

R. Hill, former employee with the Public Services Department, who passed away

on July 2, 2004.



A Resolution (361-04) - Conveying condolences to the family of Mr. David

E. Vester, former employee with the Columbus Police Department, who passed away

on July 8, 2004.

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PUBLIC AGENDA:



MRS. DONNA BURGESS, REPRESENTING THE JUNIOR ACHIEVEMENT OF EAST AL-WEST

GA, INC., RE: TO PROVIDE INFORMATION ON THE JUNIOR ACHIEVEMENT PROGRAM WITHIN

THE LOCAL

AREA:





Mrs. Donna Burgess appeared and pointed out she is here on this morning to

let the Council know what the Junior Achievement is doing in the local area

concerning the local youth?s education about business, economics and the

importance of staying in school.



She said they would like to help Columbus make a difference in our

children?s education and said this is one of the most vital things that can

happen. She said we would like to educate the children of today and to teach

them of the importance of staying in school so that whoever takes over our

positions will be well educated.



Mrs. Burgess said Junior Achievement has been around for 85 years and has

been in the local area for 50 years. She said Junior Achievement went away for

a while in this local area, but they were still around in other areas outside

of this; however, they are back now.



She said they served 1200 students in this local area on last year and

would like to double that this year. She said they are working with Fort Middle

School, Double Churches Elementary School and right now, the Knight Foundation

is working with them at Marshal Middle School to help make a difference in

those children?s lives. She said the Knight Foundation is hopefully, looking at

funding them for the next three years so that they can show them the progress

that Junior Achievement has in the outcome of that.



Mrs. Burgess said they do need the support of the City Council and need

volunteers because that is the backbone of Junior Achievement, which is to send

the community that works into the schools to show these children and to teach

them about being workforce ready.



Ms. Camellia Roso, Bell South, Mr. Skip Sater, A-1 Postage Meters &

Shipping, Ms. Shelia Salters of the Detail Company, Ms. Ollie Tarver and Mr.

Michael Angelino, LLC. Healthcare Consultants were also present with Mrs.

Burgess.



Mrs. Burgess said they just wanted to let the Council know that they are

active within the community and do want to make a difference in these

children?s lives and want them to be workforce ready when they come out on the

other end; because reality is that all children will not get to go to college

and said we want to help those children. She said they also want to help those

who are going to college.



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MR. EDWARD DUBOSE, REPRESENTING THE COLUMBUS BRANCH OF THE NAACP, RE: TO

UPDATE THE COUNCIL MEMBERS ON EVENTS SURROUNDING THE LATE MR. KENNETH WALKER

AND TO REQUEST FEED-BACK FROM THE COUNCIL FOR FUTURE IMPROVEMENTS AND PAST

PROMISES:





Mr. Edward Dubose pointed out that the NAACP?s State Convention would be

held on September 30 - October 2 at the Sheraton Hotel here in Columbus. He

said they certainly hope that they can get some of the Council members out to

some of these events.



He said he has appeared before eight City Council meetings around Georgia

over the last 2-3 weeks and said they have the citizens listed first on their

Agendas. He said he thought things were backwards in these other cities. He

said he would ask this City Council to consider this because it does move

quickly.



Councilor Turner Pugh pointed out to Mr. Dubose that our Public Agenda

used to be first as well; however, we had to change that because the law

requires certain things to take place first, as it relates to advertisements ?

public hearings.



Mayor Poydasheff said we did address that about six years ago and that?s

why we have the public hearings first.



Mr. Dubose then proceeded with his presentation for which he appeared

before the Council to discuss. He gave an account of an incident in which a

citizen was sitting in his car in front of a business at approximately 5:30 or

6:00 p.m. with their keys sitting on the driver?s side of the vehicle and

within seconds a police officer with his gun raised in front of them asking

them to get out of the car and roll your window down.



He went on and explained the situation which later lead to this individual

being handcuffed by the Columbus Police Department and kept in handcuffs for a

long time even after explaining that they have never had a record.



Mr. Dubose said this happened to the lady in the audience?s brother about

a week ago. He said what he is saying not being in confrontational to the

Council, but this is another Kenneth Walker waiting to happen. He said this

could have been it or either it is an unnecessary lawsuit for the City waiting

to happen. He said he doesn?t want any more taxes, because he is going to have

to pay it. He said that is just one situation that happened and he is looking

into it. He said he doesn?t know where you are with the Public Safety Advisory

Commission, but said there is a gentleman, Dr. Levine who has indicated that he

would be more than happy to work with that committee. He said something is on

the edge of happening again in this City.



Mayor Poydasheff said members of the Public Safety Advisory Commission are

going to be filled by the Council and said we are working on that.



Mr. Dubose said he wants every one of the Council members to absorb this

and to understand how really close we are to another Kenneth Walker situation.

He said this is just one case, but there are other cases that he has in the

office. He said this is also an opportunity for him to ask you to look into

the complaint process. He said what he is getting from people is that when they

go to file a complaint, there is no paperwork. He said this is in all

departments - Sheriff?s Department and Police Department. He said if there is

paperwork, they are not giving it to the people.



He said there is also an intimidation process that maybe the Police Chief

and Sheriff doesn?t know about that is further pushing the people back from

even complaining. He said in some cases, there is nothing that the people are

walking away with, saying that their complaint wasn?t logged, heard or

anything. He said in some cases, there is no follow-up.



Councilor Suber then asked Mayor Poydasheff if what Mr. Dubose is saying

is true. Is there no documentation from a person filing a complaint?



Mayor Poydasheff said he doesn?t know because he has received complaints

in writing and he has had them investigated. He said they go through the

administrative process; they are filed with the Police, the Chief, Sheriff or

the principal deputy.



Councilor Suber asked Mr. Dubose if the supervisor feels that there is no

warranted complaint then there is no documentation, to which Mr. Dubose said

that is correct.



Councilor Suber said that shouldn?t be. Mayor Poydasheff said this is the

first time he is hearing about this, but he would look into it.



Discussion continued on these concerns with several members of the Council

expressing their views, and Mr. Dubose responding to questions of members of

the Council.



Councilor Anthony said he thinks it would be a good idea for the Mayor?s

Public Safety Committee to look into this matter. However, Mayor Poydasheff

said he would look into it as the Public Safety Director.



Councilor Turner Pugh said after the Mayor looks into those concerns

expressed by Mr. Edward Dubose, she would hope that he responds back to the

Council publicly, in order that the citizens will know what steps are being

taken to address these issues.



She said it?s not so much of them doing their job, but how they do it and

the attitudes that they have when they approach people.



Mayor Poydasheff then said since he will be out of town for a couple of

days, he would ask Councilor Anthony to go ahead and get the Public Safety

Committee together and look into this matter and then report back to this

Council.



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MR. LORENZA WILDER, RE: SALARY OF POLICE OFFICERS, SPEEDING & DRUG

DEALERS:





Mr. Lorenza Wilder said the last time he came before the Council, he was

concerned about the right of way. He said he would like to thank you and let

you know that they have done an outstanding job on his street; however, there

are some more rights-of-ways that needs some attention. He said he knows that

they are doing the best that they can with what they have. He said if we don?t

have enough individuals to do that, why couldn?t we hire some additional

workers.



He said he would also like to talk about the Columbus Police Department. He

said Mr. Dubose mentioned some criticism about the Police Department, which he

imagine is probably true; however, he has dealt with the Columbus Police

Department for a long, long time and said he would like to congratulate them.

He said you have some of the most outstanding men and women out there and they

are doing the best that they can with what they have. He said why couldn?t we

reach down in the emergency fund and hire some more police officers. He said

these officers have to work other jobs in order to meet their needs.



Mr. Wilder also pointed out some concerns that he has with Higgs Drive &

Wilder Drive, and there being no sidewalks on these streets and there are

children who come from Belvedere Park Subdivision who have to walk to Kendrick

High School.



He said he was on his street, Wilder Drive this morning and was going to

turn into his driveway and a car passed him going approximately 60 miles an

hour during school hours. He said there are no sidewalks on Wilder Drive,

specifically coming up Higgs Drive where all the children are walking to school

and said he thinks something needs to be done about that.



Mayor Poydasheff said that City Manager Cavezza would look into that.



Mr. Wilder said he would hope that the citizens who live In Belvedere Park

Subdivision and on Wilder Drive, and those in that area would talk with someone

or speak up about those children.



Councilor Turner Pugh said she would ask the City Attorney to put Wilder

Drive on the list to do a traffic analysis for speed humps on that street.



Mr. Wilder said prior to that study, he would hope that there will be some

officers out there to slow those drivers down before the study is done because

during that study a child could be killed.

He said when we have a funeral and those cars come out of that area into

Belvedere Park, he thinks that maybe we need to have an additional motorcycle

officer because people are running all over those funeral processions. He said

he would appreciate it if the Mayor would look into that.

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CITY MANAGER?S AGENDA:



THE FOLLOWING THREE RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY

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

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

CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT FOR THIS

MEETING:



A Resolution (362-04) - Granting a variance to the Subdivision Regulations

to allow a perpetual access easement from The LakesApartments Section Four to

Warm Springs Road (A deeded Public Street), in lieu of the required 25'

frontage to a deeded public street.



A Resolution (363-04) - Approving authorization to purchase 2.72 +/- acres

of property and to accept a donation of 1.67 +/- acres (for a total of 4.39

acres) located on the southeast corner of Milgen Road and Cooper Creek Park to

be included in the Green Space Program.



A Resolution (364-04) - Authorizing the execution of a Quit Claim Deed to

Ben Billings for 0.534 acres of right-of-way on Blackmon Rd. The Department of

Engineering has approved abandonment of said portion of right-of- way subject

to all existing easements.



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THE FOLLOWING TWO PURCHASING RESOLUTIONS WERE ALSO SUBMITTED AND EXPLAINED

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

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

MCDANIEL, WHICH CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT

FOR THIS MEETING:



A Resolution (365-04) - Authorizing payment to DataWorks Plus, LLC, in the

amount of $14,172.00, for the annual maintenance agreement for the mug shot

system. The vendor will provide 24/7 maintenance supports for the mug shot

system utilized by the Sheriff?s Department. The maintenance period will be

for one year, from August 1, 2004 through July 31, 2005.



A Resolution (366-04) - Authorizing the execution of a contract with Route

Match Software, Inc. (Atlanta, GA), for a paratransit scheduling system.



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LOCAL OPTION SALES TAX (L.O.S.T.);



City Manager Cavezza said we are going to start the Public Information

meetings on the Local Option Sales Tax on September 9th and said the first one

will be held at Double Churches Middle School at 6:30 p.m. He said we have the

full schedule and will run it on CCG-TV., as well as have a press release with

it. He said the Council would also be provided with a copy of this information.





MAINTENANCE OF BALL FIELDS:



City Manager Cavezza said our fields are getting a lot of usage and said

we are having some difficulty maintaining them. He said we have put a lot of

money into these fields this year and said we will start shutting the fields

down periodically so that we can maintain them properly and give them a chance

to recover. He said we are just asking the citizens to cooperate with us as we

shut the fields down for maintenance. He said we will not disrupt schedules,

but when there is an opportunity to stop and give them some breathing room and

do some maintenance on them, we want to take an advantage of that and do that.



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UPCOMING EVENTS:



City Manager Cavezza highlighted several upcoming events.







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LOCAL OPTION SALES TAX (L.O.S.T.);



Referring back to this subject, Councilor Turner Pugh asked City Manager

Cavezza if we could look at sending notification of the dates and locations for

the public hearings on the L.O.S.T. to the schools for the children to take

home to their parents.



City Manager Cavezza said we could do that, as we have done that in the

past. He said we would go ahead and do that.



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MAINTENANCE OF BALL FIELDS:



Councilor McDaniel said on the maintenance of these ball fields, he

noticed at Lakebottom on the south side of 17th Street, that they redid some of

those fields and then asked, if we did that, or was it done by the Leagues.



City Manager Cavezza said it was a partnership with the City and the

different leagues.



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EXECUTIVE SESSION:



City Manager Cavezza said he has several real estate items that he would

like to inform the Council of; therefore, he would like to have a brief

executive session after the adjournment of this meeting.



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HOUSE OF HEROES:



Councilor Anthony said he would like to request that the City Manager put

the date for the House of Heroes luncheon for September 24th, 12:00 ? 2:00

p.m., on the upcoming events for the Mayor & Council.



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HEALTH DEPARTMENT:



Councilor Woodson asked City Attorney Fay to do some research and

determine if there is any law or prohibition against the Health Department

officials going onto private property to perform an inspection when there could

possibly be an issue of endangerment on said property.



She said she is already working on this, but said she would like to know

the law in this regard. She said there is a vacant house and there are some

problems there, but she has been told that the Health Department can?t go onto

that property.



City Attorney Fay said he would look into that. He said they have their

own legal counsel, Mr. Bill Rumer, but he would check with him to see what laws

are involved when they go out to inspect properties.



*** *** ***



RESOLUTION FOR RONALD EDWARDS:



Councilor Henderson said Mr. Ronald Edwards of the Columbus Homebuilders

Association was recently inducted into the National Homebuilders Hall of Fame

and said if no one has done so, he thinks it would be appropriate to call for a

resolution from this Council, honoring his accomplishments.



*** *** ***



CAR COMMITTEE MEETING:



Councilor McDaniel said he would like to remind those members of the Car

Committee that we have a meeting scheduled immediately after this Council

meeting.



City Manager Cavezza said he would like to briefly meet with that

committee to discuss two issues.

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

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

CLERK OF COUNCIL'S AGENDA:



THE FOLLOWING ITEM WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR &

COUNCIL:





State of Georgia Certificate of Need Application from The Hughston Clinic,

P.C., Columbus, Muscogee County, GA, submitted August 2004 for project:

Replacement of an existing fixed-based MRI system.



*** *** ***



PLANNING ADVISORY COMMISSION:



Clerk of Council Washington submitted a letter from Ms. Charlene LeBleu,

resigning as an alternate member of the Planning Advisory Commission.



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

for her service. Seconded by Councilor Allen and carried unanimously by those

nine members of Council present for this meeting.



*** *** ***



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CLERK OF COUNCIL

WASHINGTON AND ADOPTED BY THE

COUNCIL:



A Resolution (367-04) - Excusing Councilor Julius Hunter, Jr. from the

August 31, 2004 Council Meeting. 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.



*** *** ***



BUILDING AUTHORITY:



Clerk of Council Washington submitted a letter from Ms. Angela Cole,

Secretary/Treasurer of the Columbus Building Authority, requesting that the

position of Mr. Donald Gates on the Building Authority be declared vacant.

Mayor Pro Tem Rodgers moved the seat be declared vacant. Seconded by Councilor

Henderson 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:



Employees? Pension Plan, July 14, 2004.

Greater Columbus Golf Authority, July 27, 2004.

Housing Authority of Columbus, July 21, 2004.

West Central Regional MHDDAD, February 17, 2004.

West Central Regional MHDDAD, April 20, 2004.

West Central Regional MHDDAD, June 15, 2004.

Tax Assessors, No 32-04.

Zoning Appeals, June 2, 2004.



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

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

present for this meeting.



*** *** ***



THE FOLLOWING FOUR NEW ZONING PETITIONS WERE SUBMITTED AND EXPLAINED BY

CLERK OF COUNCIL WASHINGTON AND AN ORDINANCE AND PUBLIC HEARING WERE CALLED ON

EACH BY COUNCILOR MCDANIEL:



Petition submitted by James Evans to rezone approximately 3.54 acres of

property located at 7836, 7932 & 7936 Shinn Drive from an R-1A District to a

R-3B District. (Recommended for denial by the Planning Advisory Commission and

approval by the Planning Division.) (50-A-04-Evans)

Petition submitted by Steve Cannon to rezone approximately 0.61 acres of

property located at 5220 Boyd Drive from an R-1A District to a R-2

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

andthe Planning Division.) (51-A-04-Cannon)



Petition submitted by the Planning Division to rezone city-owned

properties within the Liberty District Master Plan area from a R-4 District to

a

R-1 District. (Recommended for approval by both the Planning Advisory

Commission and the Planning Division.) (52-A-04-Planning Division)



Councilor McDaniel called for the ordinance and public hearing on these

new zoning petitions.



*** *** ***



BOARD APPOINTMENTS:



CIVIC CENTER ADVISORY BOARD:



Clerk of Council Washington pointed out that we need a nomination for

someone to succeed Mr. Terry Hattaway, who has resigned his seat on the Civic

Center Advisory Board. There were no nominations.



*** *** ***



COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



Clerk of Council Washington pointed out that we still need Councilor

McDaniel?s nominee for someone to succeed Ms. Leigh Stewart, who represents

Council District Eight. She also advised Councilor Turner Pugh that she would

need to nominate someone for Council District Four.



*** *** ***



KEEP COLUMBUS BEAUTIFUL COMMISSION:



Clerk of Council Washington pointed out that Mr. Chuck Granberry has

resigned from this board and that we need someone to fill this unexpired seat.

There were no nominations.



*** *** ***



YOUTH ADVISORY COUNCIL:



Clerk of Council Washington pointed out that we have received Mayor Pro

Tem Rodgers? nominee of Miss Terrianna M. Sharpe as his Council District Five

representative on the Youth Advisory Council. Mayor Pro Tem Rodgers then moved

that she be confirmed. Seconded by Councilor Woodson and carried unanimously by

those nine members of Council present for this meeting.



*** *** ***



PUBLIC SAFETY ADVISORY COMMISSION:



Clerk of Council Washington said she has outlined the Public Safety

Advisory Commission seats and said that we still need a nominee for Council

Districts 2, 4, 5, 7, 9 and 10.



Councilor Turner Pugh then nominated Mr. C. A. Hardmon for Council

District 4.



Councilor Henderson then made a motion that those five individuals as

outlined on the Agenda be confirmed. (Mr. Robert Turner - District 1, Mr. C. A.

Hardmon - District 4, Mr. Allen McMullen - District 6, Mr. Harold Bryant -

District 8 and Mayor Poydasheff?s nominee of Mr. Greg Camp. Seconded by

Councilor Suber and carried unanimously by those nine members of Council

present for this meeting.



*** *** ***



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

Poydasheff 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.



Mr. John Griffin then came forward and said in the process of doing his

job, he was ticketed for taximeter violation, which he went to Recorders Court

this past Friday and was convicted of it. He said when he provided a copy of

the ordinance to the Judge concerning the wait time, it took him approximately

20 ? 30 minutes and he came back with a ruling that he violated the wait time

procedures and charged him $211.50, which he thinks was not fair. He said in

the ordinance it states that wait time is any delay in a trip requested or

caused by a passenger.



He went into further details in outlining this particular situation and

how it escalated to the point of them having to call the Police Department.



Mayor Poydasheff pointed out that Mr. Griffin had came by his office to

see him in this regard and said that he suggested to Mr. Griffin that this was

a judicial proceeding and neither the Mayor nor the Council could overturn the

Recorders Court hearing and suggested to him that he needed to contact an

attorney. He said he believes that he has a right to appeal; but you can only

appeal properly, he believes, if he gets himself an attorney.



He said in the meantime, we could refer your case to the Taxicab

Commission. He said if you speak with the City Manager after this meeting, he

can provide him with the name of the Chairman of that Commission and you can

discuss the rules and procedures with them.



After some fifteen minutes of discussion on this matter, with several

members of the Council expressing their views regarding Mr. Griffin?s concerns,

with him responding to many questions from members of the Council, there were

many suggestions made by the members of Council as outlined below.



Councilor Turner Pugh said she would like to have the Chairperson of the

Taxicab Commission to come before the Council and explain their interpretation

of the ordinance as it relates to the wait time.



Mayor Poydasheff also asked City Attorney Fay to research the law as it

relates to Taxicabs.



Councilor Woodson also asked that the Mayor determine whether or not the

updated ordinances are provided to our police officers and how informed are

they of the changes. She said once we determine the findings of this matter

let?s also look at bringing back the ordinance to make sure that we include the

legislative intent of it.



*** *** ***



EXECUTIVE SESSION:



Regarding an earlier request of City Manager Cavezza to go into an

executive session, Mayor Pro Tem Rodgers so moved. Seconded by Councilor Allen

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

meeting.



At 10:28 a.m., the regular meeting was adjourned to allow the Council to

go into an executive session.



At 10:44 a.m., the meeting was called back to order at which time, Mayor

Poydasheff pointed out that the Council did meet in executive session and

discussed some real estate issues, but there were no votes taken.



*** *** ***



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

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

present, with the time being 10:45 a.m.







Tiny B. Washington, CMC

Clerk of Council

The Council of Columbus, Georgia