MINUTES
COUNCIL OF COLUMBUS, GEORGIA
REGULAR MEETING
OCTOBER 27, 2009
The regular weekly meeting of the Council of Columbus, Georgia was called
to order at 5:30 P.M, Tuesday, October 27, 2009, on the Plaza Level of the
Government Center, Columbus, Georgia. Honorable W. J. Wetherington, Mayor,
presiding.
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PRESENT: Present other than Mayor Wetherington and Mayor Pro Tem Evelyn Turner
Pugh were: Councilors R. Gary Allen, Wayne Anthony, Mike Baker, Jerry ?Pops?
Barnes, Berry H. Henderson, Julius H. Hunter, Jr., Charles E. McDaniel, Jr. 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.
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ABSENT: Councilor R. Gary Allen was absent, but was excused upon the adoption
of Resolution Number 411-09.
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INVOCATION: Led by Pastor K. Denise Walton, Pastor of South Columbus United
Methodist Church.
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PLEDGE OF ALLEGIANCE: Led by Mayor W. J. Wetherington
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MAYOR?S AGENDA:
WITH THOSE NAMED IN THE RESOLUTION STANDING AT THE COUNCIL TABLE, THE
FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND READ IN THEIR ENTIRETY BY
COUNCILOR ANTHONY AND ADOPTED BY THE COUNCIL:____
A Resolution (397-09) ? Commending Mark Ellis for being recognized as a
member of Forty Under Forty by Georgia Trend Magazine.
A Resolution (398-09) ? Commending Dr. Joseph Surber for being recognized
as a member of Forty Under Forty by Georgia Trend Magazine.
After reading the resolutions in their entirety, Councilor Anthony then
moved their adoption. Seconded by Councilor Hunter and carried unanimously by
those nine members of Council present for this meeting, with Councilor Allen
being absent.
Mr. Ellis and Mr. Surber both thanked the Mayor & Council for their
resolution and for receiving this honor.
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WITH THOSE NAMED IN THE RESOLUTION STANDING AT THE COUNCIL TABLE, THE
FOLLOWING RESOLUTION WAS SUBMITTED AND READ IN ITS ENTIRETY BY COUNCILOR DAVIS
AND ADOPTED BY THE COUNCIL:_____________________
A Resolution (399-09) ? Commending and congratulating the local
Alzheimer?s Association Board upon a successful 2009 Memory Walk to benefit the
Columbus/Chattahoochee Valley Region Alzheimer?s Association.
Councilor Davis expressed his appreciation to those present, as well as
those who participated in the 2009 Memory Walk for the Alzheimer?s
Association.
He then made a motion to adopt the resolution. Seconded by Councilor
Woodson, which carried unanimously by those nine members of Council present for
this meeting, with Councilor Allen being absent from the meeting.
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MINUTES OF COUNCIL MEETING: Minutes of the September 29, 2009 Council Meeting
of the Council of the Consolidated Government of Columbus, Georgia were
submitted and approved upon the adoption of a motion made by Councilor McDaniel
and seconded by Councilor Woodson, which carried unanimously by those nine
members of Council present for this meeting, with Councilor Allen being absent.
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CITY ATTORNEY?S AGENDA:
THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY
AND A PUBLIC HEARING WAS HELD AS ADVERTISED:_______________________
An Ordinance ? Amending the text to the Unified Development Ordinance
(UDO) to amend certain sections including Table 3.1.1, Section 3.2, Section
3.2.63.C.1, Section 3.2.63.G.5(A) and Section 7.12.7; and for other purposes.
(20-A-09-Planning Department)
City Attorney Fay said this text amendment would also allow for the sale
of some seasonal items, holiday items, pumpkins, and etc., which is a
housekeeping measure.
City Manager Hugley then called forward Mr. Will Johnson of the Planning
Department to highlight some of those housekeeping things that we are trying to
do, as well as for him to cite some examples where we are adding Christmas
trees and some other things.
Mr. Will Johnson said we have some text amendments that cover the range of
the Unified Development Ordinance and then went into some details in outlining
the proposed changes as highlighted below:
A single family detached dwelling shall comply with the standards listed below.
Location. A single family detached dwelling shall only be permitted in the
High Uptown Historic District within the UPT zoning district.
Mr. Jones said there is an opportunity for this particular area to have
single-family houses. He said there is a few single-family houses now that are
being used that way and the fact that it is not allowed in the ordinance is
really just an omission. He said they have talked with Historic Columbus and
all this time we thought it allowed single-family houses, so now we are fixing
that.
He said they would be adding a note in the ordinance to state that within
the UPT zoning district, they would only allow the single-family housing in
that High Uptown Historic District because the rest of the district is
predominantly commercial and is not conducive to single-family detached
housing.
Mr. Jones said the main changes to the ordinance deals with temporary
uses. He said since they adopted the Unified Development Ordinance in 2005,
they have created temporary uses where they are difficult to obtain, because we
would have situations where traveling amusement parks and carnivals would setup
shops in a commercial parking lot and we weren?t ready to deal with them from a
traffic and public safety standpoint and we needed to put criteria to deal with
them and be ready for them when they came to us and applied for a license. He
said unfortunately, we caught seasonal sales in that temporary use category as
well. He said every since the UDO was adopted in April of 2005, we have came to
the Council every fall asking for a waiver to the temporary use standard
primarily for Christmas tree sales and pumpkin sales. He said to avoid doing
that year after year, they have did some research and found where several
communities have excluded items such as Christmas tree sales, pumpkin sales, as
well as fireworks sales; therefore, they have added language to the UDO which
addresses these issues. He said Christmas tree sales; pumpkin sales and
firework sales would be listed as an exemption in the ordinance, as highlighted
below.
Chapter 3 of the Unified Development Ordinance is hereby amended by amending
Section 3.2.63.C.1 to add subsections (C), (D), and (E) to read as follows:
(C). Christmas Trees Sales. Christmas tree sales shall be permitted starting
the weekend prior to Thanksgiving and continuing until January 1.
(D). Pumpkin Sales. Pumpkin sales shall be permitted thirty (30) days prior
to October 31.
(E). Fireworks Sales. Fireworks sales shall be permitted for the following:
1) Independence Day. Fireworks sales shall be permitted thirty (30) days prior
to July 4.
2) New Year's Day. Fireworks sales shall be permitted thirty (30) days prior
to January 1.
Chapter 3 of the Unified Development Ordinance is hereby amended by amending
Section 3.2.63.G.5(A) to read as follows:
(A). Submittal. Applications shall be filed at least 5 days prior to the
opening day of the use or event.
Mr. Johnson also pointed out that we will have a change to our storm-water
management facility and then called upon Ms. Donna Newman, Engineering Director
to explain this change further. He said the way he understands it is that we
don?t have a mechanism in the UDO to manage private detention ponds and
storm-water maintenance facilities; and this language will give us the
oversight to deal with private storm-water management facilities.
Ms. Donna Newman said the reason we have this in the ordinance is because
currently the city only accepts detention ponds that service single-family
residential subdivisions. She said that any other subdivision that would
service a commercial or multi-family development or any other development is
required to be maintained by the owner, and said in previous ordinances, they
had a requirement that explained the differences and responsibilities; however,
when the Unified Development Ordinance was developed that was left out and have
created some problems for them when they have had to go in and enforce this
against a commercial business. She said many times a developer goes in and
develop the property, but then you have a party that comes in and leases the
property, and they don?t always know what the responsibilities are. She said
this is the reason they are requesting this change so they can enforce it, if
they need to; but said typically they always try to work with the businesses to
get them to cut out the detention ponds, and if it is a storm-water water
quality basin, to get them to do routine maintenance on these facilities.
City Manager Hugley said he thinks that this process really works, as we
are now going through the UDO that was adopted in 2005, going through it
section by section, cleaning up typographical errors and fixing omissions and
making adjustments where needed. He said we will go back through the entire UDO
and said after we do that; then we may come back in future years and do the
same section by section because time brings about change. He said this allows
us to keep our UDO current.
Chapter 7 of the Unified Development Ordinance is hereby amended by amending
Section 7.12.7 by adding subsection F to read as follows:
F. Maintenance of Private Storm water Management Facilities. The
owner/operator of a private storm water management facility (i.e., a facility
not accepted by the city that serves any development) shall perpetually be
responsible for proper operation and maintenance of said facility. Failure to
operate a storm water management facility in accordance with this chapter shall
be a violation of this chapter. Should it become necessary for the city to
perform work in order to maintain a private facility, then the city may place a
lien against the property until full reimbursement for the work performed by
city forces is recovered.
City Attorney Fay then asked if there were any questions or anyone, who
wanted to speak to this ordinance, as it is on first reading, but there were
none.
He said the reference to fireworks in this ordinance is only for the type
of fireworks that are allowed for sale in the State of Georgia. He said
whatever Georgia law allows and nothing else.
City Attorney Fay said this ordinance would be voted on in two weeks.
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THE FOLLOWING TWO ORDINANCES WERE SUBMITTED AND EXPLAINED BY CITY ATTORNEY
FAY AND ADOPTED BY THE COUNCIL ON SECOND READING: ________________________
An Ordinance (09-50) ? Rezoning property located at 5114 Buena Vista Road
from an SFR2 (Single Family residential 2) zoning district to GC (General
Commercial) zoning district. (19-A-09-Nevells/Evans) The proposed use is for
Retail Sales.
Councilor McDaniel moved the adoption of the ordinance. Seconded by
Councilor Woodson and carried unanimously by those nine members of Council
present for this meeting, with Councilor Allen being absent.
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An Ordinance (09-51) ? Rezoning property located at 7462 Old Moon Road
from an SFR1 (Single Family Residential 1) zoning district to RO (Residential
Office) zoning district. (18-A-09-Price) The proposed use is for Personal Care
Home Type II.
Councilor McDaniel moved the adoption of the ordinance. Seconded by
Councilor Davis and carried unanimously by those nine members of Council
present for this meeting, with Councilor Allen being absent.
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THE FOLLOWING THREE ORDINANCES WERE ALSO SUBMITTED AND EXPLAINED BY CITY
ATTORNEY FAY AND AFTER MUCH DISUCSSION, SEVERAL VOTES WERE TAKEN WHICH RESULTED
IN INCONCLUSIVE VOTES:________________
City Attorney Fay said we have had a lot of discussion previously on these
ordinances and said unless there is further comments we can go ahead and take a
vote on either one of these ordinances.
Councilor Davis said he has a few questions that he would like for the
Mayor to answer before a vote is taken. He also asked Ms. Judy Thomas,
Assistant to the Mayor, to come forward as well.
Councilor Davis then asked if there would be a mission statement that has
already been created, to which Mayor Wetherington answered, yes. In responding
further to Councilor Davis, as to whether or not there would be a job
description and responsibilities that would need to be approved by the Council,
Mayor Wetherington said that is correct.
Mayor Wetherington said the Internal Auditor has been involved in the
process of developing this Crime Prevention Program and will continue to be
involved.
Listed below are the additional questions asked by Councilor Davis and the
responses from Mayor Wetherington:
Councilor Davis: There is going to be a set of standards to measure the
performance both in the department and with the service agreements and the
support programs.
Mayor Wetherington: Yes.
Councilor Davis: Every part of this program will be transparent and open
to the public through reports to this Council in which the citizens could
participate or watch.
Mayor Wetherington: Absolutely.
Councilor Davis: If you would, please name for me some of the essential
elements of the mission in achieving the goal of this Crime Prevention Program.
Mayor Wetherington then called upon Ms. Judy Thomas to respond further to
Councilor Davis.
Ms. Judy Thomas said the Crime Prevention program is designed to provide a
mechanism whereby the Council can have oversight on those programs that we are
looking for that will help prevent crime in our community. She said the board
itself, the director will be looking for innovative programs that meet the
standards that the board and Council will set. She said we are looking and
have, we think, setup in the elements of the board, transparency. She said when
they were working on the Local Option Sales Tax proposal, they heard loud and
clearly that transparency is what the citizens wanted; how are you spending our
money. She said not only will there be periodic reports to this Council, but
those meetings are open meetings and the public is welcomed to attend.
Ms. Thomas said the main thing, the goal of the Office of Crime Prevention
is to enhance and improve the programs and services that are offered in our
community that will help to prevent crime. She said we are looking for
standards and we are looking for people who meet those standards; and we are
not looking to have a board or program just to say we have one. She said we are
looking for programs that work and actually prevents crime.
Councilor Hunter pointed out that he has stated in the past that he
supports the board and said he is sponsoring the ordinance, which will create
an 11-member board. He said if we are going to take the ordinances in order and
vote on Item Number 4 first, then 4(a) second, but obviously if Item 4 passes;
then (4)(a) would become moot. He said when he votes for Item 4, and votes no,
he is not voting against the board, what he is saying is that he is voting for
an 11-member board and he just wants to make that perfectly clear on today.
Councilor Henderson said a few weeks ago, he offered an amendment to
remove all references to Section ?F? from both Items 4& 4(a), which resulted in
an inconclusive vote and then asked City Attorney Fay if it was permissible to
renew that motion on today.
City Attorney Fay said, yes, you can make that same motion again.
Councilor Henderson said for clarification, the primary reason for
removing the reference to the Director of Crime Prevention from the main body
of the ordinance because it does states in Section ?F? that the creation of the
Director is addressed in another ordinance. He said he thinks the opportunity
is still there for those who want to vote for the director, to do so.
Therefore, in light of that, he would like to renew his motion to remove all
reference to Section ?F? from Items 4 & 4(a). Seconded by Mayor Pro Tem Turner
Pugh.
Mayor Pro Tem Turner Pugh said the reason she supports removing Section ?F?
from the ordinance is because it is actually covered in Item Number Five.
Councilor Henderson, in further clarifying his motion said that in Items
Number 4 & 4(a) where it talks about the creation of the program, which he is
in 100% support of, the only difference in 4 & 4(a) one offers a board made up
of 7-members and the other offers a board made of 11-members.
He said in both 4 & 4(a) Section ?F? references the Director and gives a broad
overview of what the Director?s job will be, but it references Item Number 5,
which is in fact the ordinance that creates the position of Director and
specifies the pay grade and outlines more clearly the duties; therefore, his
motion is to remove Section ?F? from the main body of 4 & 4(a) the ordinance.
City Attorney Fay in further clarifying this matter, said this would take
out the reference to the Director from the enabling statue.
In responding to Councilor Barnes, Councilor Henderson said it is
housecleaning in one sense, but said it also provides the opportunity that if
you wish to vote for the program and against the director, you can do that
because the director won?t be a part of that main body.
Prior to the Mayor calling the question on the motion, members of the
Council expressed their further views on the matter.
Councilor Hunter said he would reiterate what he said two weeks ago and
said he thinks that we need to keep this section in the ordinance; however, it
may be easier if we went ahead and voted on Item Number 5 with regards to the
Crime Prevention Director?s position. He said once we have that position in
place then we wouldn?t have to have any discussion with regards to Items 4 &
4(a) because if we vote for the Crime Prevention Director?s position. He said
in the final analysis, if we are going to vote to create the Crime Prevention
Director, we are going to need Section ?F? and is going to have to come back to
4 or 4(a) and put it back in. He said what he is suggesting that maybe we need
to just go ahead and vote first with regards to the office of Crime
Prevention.
Mayor Wetherington said he is afraid that we are heading in a direction
where we are going to create a board and not the director and said he just
can?t imagine that; where you are going to have a board and not a director.
He said when we went before the citizens of this community, when we were
campaigning for the L.O.S.T., we promised the citizens of this city that we
were going to put a 100 new officers on the streets, as well as hire some
Deputy Marshal?s and Sheriff deputies and do some infrastructure work.
He said we also said we were going to come up with some ways that we could
reduce crime in Columbus, Georgia. He said our citizens have confidence in us
that we were going to reduce crime in Columbus, Georgia.
He spoke for several minutes in expressing his further concerns on this
issue, saying we have to do something to curtail the young people from getting
involved in crime, as well as do something for the people who are getting out
of prison that hopefully, they can get jobs. He said we would need to create
some more recreational centers, as well as staff some of the recreational
centers that we have. He said we have to do something on the front end besides
just having the officers on the street. He said we are going to have to try
something new and give our citizens an opportunity to live in a safe city.
Councilor Anthony said this came out of the Crime Prevention commission
that worked for over six months, and this was their recommendation.
Councilor Hunter then made a substitute motion to vote on Item Number 5.
Seconded by Councilor McDaniel.
An Ordinance ? Authorizing the establishment of the Class Title/Pay Grade
of Crime Prevention Director, Grade 24 in the Position Classification Plan of
the Columbus Consolidated Government; and for other purposes.
City Attorney Fay then pointed out that we would vote on the substitute
motion first.
Members of the Council then expressed their further views and concerns
regarding the creation of the Crime Prevention program, after which the Mayor
then called the question on the substitute motion, which resulted in an
inconclusive vote of 5 ? 4. Voting for the motion was Councilors Anthony,
Barnes, Hunter, McDaniel and Woodson. Voting against the motion was Councilors
Baker, Davis, Henderson and Mayor Pro Tem Turner Pugh.
Mayor Wetherington then called the question on the original motion made by
Councilor Henderson to delete all references with regards to Section ?F? in
both Items 4 & 4(a). Seconded by Mayor Pro Tem Turner Pugh, which resulted in
an inconclusive vote of 4 ? 5. Voting for the motion was Councilors Baker,
Davis, Henderson and Mayor Pro Tem Turner Pugh. Voting against the motion was
Councilors Anthony, Barnes, Hunter, McDaniel and Woodson.
Councilor Anthony then made a motion to adopt Item Number 4.
An Ordinance ? Amending Chapter 2 of the Columbus Code by creating the
Office of Crime Prevention Board and Office of Crime Prevention; providing for
appointment of seven (7) Board members; providing terms of office; providing
duties for said Board; and for other purposes.
Councilor Baker said he doesn?t disagree with Councilor Hunter when he
talks about the various agencies and various sectors that we need to coordinate
in a sense; he completely agrees with that, but he also goes back to something
that the Mayor Pro Tem said, just because you disagree doesn?t mean that you
are against crime prevention. He said as he has studied and read through all
the various agreements, there is still some provisions in the various programs
that we are establishing that cause him some concern. He said his particular
support or non-support is not against crime prevention, but there are some
provisions in those agreements that cause him some concern that he is not
comfortable with. He said not necessarily coordinating with agencies, but
direct funding of private organizations, that is an area that he is not
comfortable at all with.
Councilor McDaniel then seconded Councilor Anthony?s motion to adopt the
ordinance approving a 7-member board.
The Mayor then called the question on the motion, which resulted in an
inconclusive vote of 5 ? 4. Voting for the motion was Councilors Anthony,
Barnes, Davis, Henderson and McDaniel. Voting against the motion was Councilors
Baker, Hunter, Woodson and Mayor Pro Tem Turner Pugh.
Councilor Hunter then made a motion to approve Item Number 4(a). Seconded
by Councilor Woodson.
An Ordinance ? Amending Chapter 2 of the Columbus Code by creating the
Office of Crime Prevention Board and Office of Crime Prevention; providing for
appointment of eleven (11) Board members; providing terms of office; providing
duties for said Board; and for other purposes.
Mayor Wetherington then called the question on the motion, which resulted
in an inconclusive 4 ? 5 vote. Voting for the motion was Councilors Anthony,
Hunter, Woodson and Mayor Pro Tem Turner Pugh. Voting against the motion was
Councilors Barnes, Baker, Davis, Henderson and McDaniel.
After another inconclusive vote, Councilor Hunter said he supports the
Crime Prevention Director, as well as the board, and said his vote is for an
11-member board, but in the final analysis, if an 11-member board is voted
down, he is going to support a 7-member board because he wants this to happen
in this city. He said the only question is whether or not it will be a 7-member
or 11-member board.
Councilor Anthony said if we go with a 7-member board, we can certainly
add more members as we move along, is that right.
Mayor Wetherington said he would think that we could, but we probably
would have to come back to the Council.
City Attorney Fay then pointed out that we have not had any action votes
on all of those items and said if there are no objections, we will bring back
the items in two weeks.
Councilor Barnes said the reason he put forth the ordinance for a 7-member
board is simply because we need to go ahead and get started with something on
this. He said we had 15 people who spent two and a half months gleaning through
a myriad of things that are involved in crime prevention and said in an effort
to kick start this process, he thought that we could take 7-members from the
15-member commission, which are all part of a district. He said he is not
against or adverse to the 11-member board and would prefer it that we have more
representation from the district. He said the Mayor went to the entire city
when he went out talking to the citizens about the Local Option Sales Tax;
therefore, he feels that the entire city should be represented. He said he just
wanted to get this program started, which is essential to starting the full
program, along with hiring the police officers.
Councilor Woodson said she is supporting the 11-member board because we
always have in this community people that comes forward and say the same people
are on the same boards all the time. She said this is a board that is supposed
to belong to the people of Columbus, Georgia as they are the people that voted
for the one-cent sales tax for the crime prevention program. She said just
because you have an 11-member board that doesn?t mean that those 7 people
cannot be a part of that board. She said she would think that you want some
grassroots individuals on this board that are out there day and night
experiencing and knowing which programs work and those that don?t. She said
that is her reason behind the 11-member board because she always believes that
you need those grassroots individuals as part of the community.
She said the director is vital to the program, but she doesn?t agree with
the salary and thinks it should be a little less. She said the board is also
needed, because it will be there to guide the director.
Mayor Wetherington said this Council will have to make the final decision
and the only reason he suggested a 7-member board is to select from the people
that have been on the Commission for the last several months.
Councilor Hunter said in his opinion, the Crime Prevention Director?s
position is so vitally important and we don?t have enough votes on tonight to
vote one way or the other. He said if we voted in a board tonight, we would
have a board without a director and said he would rather wait to see whether or
not we are going to have a director.
Mayor Wetherington said he doesn?t know where this program is going, but
said he is still passionate about getting it approved.
Councilor Anthony said out of the six councilors who are present here
tonight, he thinks we have enough who are in favor or either Item 4 or 4(a) and
the only difference is whether or not we have a 7-member or 11-member board and
it would seem to him that we could agree to go ahead and vote on Item 4, to go
ahead and start with 7-members and then later on next year come back and add
new board members, but to get the project moving.
Mayor Wetherington pointed out that we have already voted on it one time.
City Attorney Fay said we could certainly take a re-vote because we didn?t
have an item pass. He said if someone wants to make the same motion they can do
that.
Councilor McDaniel said it doesn?t make sense to have a board and then not
have a director. He said it doesn?t matter what kind of committee you have, you
still are going to need a director. He said he thinks that we need to wait and
see if we are going to have a director before voting on the board again.
Councilor Davis said what Councilor Henderson was trying to do with his
amendment to the ordinance is not being waived here and everyone is missing the
point. He said there has already been talk and everyone is on the same page
that there are some initial programs that are already out there that are making
a difference; where we have pretty much agreed that we want to give the funding
to them and support these programs and get them going. He said whether you have
a director or not, you can expedite the support that these programs needs
without having that person in place. He said whether it?s a person from within
or whether having a director that you hire; you can expedite these programs, as
the funding is already in place. He said he thinks that is what Councilor
Henderson was trying to say.
Mayor Wetherington asked who is going to administer the program if you
don?t have a director.
Councilor Davis said whether it?s your office, he can?t give you a name
today, but as he said earlier; whether it?s from within this government or if
there is a person that is dedicated as a director. He said the point that is
being missed is that the funding has already been approved and we have programs
out there that we can go ahead and assist and support today.
He said he don?t think that the message came across strong when Councilor
Henderson was making a proposal to move ahead and let?s take steps in the
process, which is not a bad idea.
He said when you have a director and an office, it is still going to take
time to find this person and then you have to go through further process before
the funding start reaching the sources and making a difference.
After more than an hour of discussion on this subject, City Attorney Fay
said we will bring all three of these items back in two weeks and the Council
can vote on them in any order that they chose at that time.
Councilor Hunter then pointed out that there are going to be some members
of the Council absent during that meeting attending the National League of
Cities Conference.
Mayor Pro Tem Turner Pugh then asked City Attorney Fay if we could have an
official meeting the first week in December, if we call for it.
Mayor Wetherington said he would put if off and would notify the City
Attorney as to when to list this matter again.
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EXECUTIVE SESSION:
City Attorney Fay said we would like to have an executive session after
the adjournment of the meeting to discuss a matter of potential litigation.
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COLUMBUS HIGH SCHOOL:
Councilor Hunter said he would like to call for a resolution honoring the
Columbus High School girls? softball team for winning the State Championship,
as well as the Northside High School girls? softball team for coming second in
the State.
City Attorney Fay said they are both in process, they are waiting on the
roster for each team.
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RESOLUTION OF CONDOLENCES:
Mayor Pro Tem Turner Pugh asked that City Attorney Fay to prepare a
resolution of condolences for the family of Mr. Harold Bryant.
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PUBLIC AGENDA:
THE FOLLOWING PERSONS APPEARED ON THE PUBLIC AGENDA AND PROVIDED IS A
SUMMARY OF THEIR COMMENTS:_________________________________________________
MR. JAMES WILKES, RE: REQUESTING WAIVER OF PROPERTY TAX INTEREST AND
PENALTY FOR THE 2008 TAX
BILL:________________________________________________________
Mr. James Wilkes came forward and said he is here tonight regarding a
problem with two pieces of property that he owns here in Columbus.
He said he didn?t receive a tax bill on either one of his properties until
November of last year and said they don?t know why because they have their
correct address. He said once they didn?t receive a bill by the first of
October, they did followed up with the tax office, which were kind enough to
give them a replacement bill.
Mr. Wilkes said they wrote two checks, Check #238 & #239, which was
written on November 28, 2008 and mailed on the same day to pay for their taxes.
He said since they had the problem in 2008 in receiving their tax bill, they
followed up this year to make sure that they were going to get their bills in
June or July and did receive the bills in August.
He said they noticed on the bill that their 2008 taxes had not been paid
and was totally unaware of that and said they called the tax office to verify
the fact and was told that it had not been paid. He said they were told they
never received the checks. He said since the checks were never cashed, they
can?t produce any canceled checks, but said they do have copies of their check
registers and copies of the bills where they made notations of the checks and
the dates they were mailed, which is their only evidence.
Mr. Wilkes said since they received no notice of the unpaid taxes until it
showed up on their tax bill in 2009, that means they were never given a chance
to correct the problem until then and now. He said in view of this, we feel
that it is somewhat unfair to charge them a penalty or interest on their taxes;
especially in light of their past record for the last twenty-five years in this
city has been to pay their taxes on time, and have never had a late notice on
anything.
He said as a retired person and a senior in this area, it does produce a
serious financial problem to expect them to pay both their 2008 & 2009 taxes,
plus penalties and interests all at one time.
Mr. Wilkes said they received their tax bills correctly this year and went
ahead and paid the first two installments on the two homes that they own, which
was paid with Check #3380, with Wachovia Bank and Check #6699 with CB & T Bank
and mailed on the same day in the same envelop. He said as of Sunday, October
25th only one check has been cashed and said they don?t know why. He said what
they would like to request of this Council is to have the penalty and interest
waived, in as much as they were not notified until late this year that their
taxes had not been paid. He said they could have taken corrective action in
January, if someone had notified them that the taxes were delinquent. He said
also with their record of having paid their taxes all these years, he thinks it
is evident that they are not trying to defraud Muscogee County or the City of
Columbus.
He said they would like to find out why only one check has been cashed
as it has been ample time for that other check to be cashed and cleared. He
said he don?t want the same kind of situation coming up again where they are
charged with penalty and interest for taxes that are not paid and don?t get
notified until they get their tax bills in 2010.
Councilor McDaniel said the letter that we received from Tax Commissioner
Huff says that her position is that the property owner has never been late with
tax payments in the past and that her office finds no evidence of gross or
willful neglect by the property owner; therefore, he would like to make a
recommendation that we waive the penalty and interest. Seconded by Councilor
Davis.
Tax Commissioner Lula Huff said for 2008 on the property that you have
before you, they mailed out the bill in a timely basis with all other tax bills
that are sent. She said it was not returned to them therefore, they have to
assume that the post office made the delivery of the bill. She said by law, if
it is not paid by the due date, they are required by law to attach penalty and
interest to it and said that is why it was attached on October 1, having not
received the 40% or the 60% on it. She said having not received the canceled
checks back, it would have been nice had Mr. Wilkes contacted their office and
said they had not received it and asked what?s the status of it. She said the
process that they use for doing this is a process that is used throughout
Muscogee County and every taxpayer out there is penalized if they have not paid
their taxes by the deadline that has been established by you, by virtue of your
own ordinance, 9-34, Section 10.
She said in reference to Mr. Wilkes second inquiry concerning only one
check having been cashed, this is her first knowledge of this having happened
because they deposit their checks and receipts from the taxpayers immediately,
within 24-hours. She said if that is the case, evidently they didn?t receive
the second check in the envelope.
Tax Commissioner Huff then responded to questions of members of the
Council.
Mayor Pro Tem Turner Pugh then asked Tax Commissioner Huff if she knows
approximately how many individuals have come before this Council and we have
not refunded their interest or penalty for the same reason that Mr. Wilkes is
here, where they say they didn?t receive their tax bill. She asked if it is
just automobile tags where we are not required to send out notification, so
it?s up to the individual to pay their automobile taxes on time or is it both
of them.
Tax Commissioner Huff said on property taxes, they have to send out the
notices for. She said for motor vehicle registration, it is a courtesy. She
said with respect to the number of individuals that you have waived the penalty
and interest on when they have not received their bill; since she has been here
she can?t remember any.
City Attorney Fay said he is only aware of one of dozens of cases.
Mr. Wilkes said Ms. Huff?s office has been extremely helpful to them, very
cooperative. He said Mr. Clouatre worked with him and allowed him to fill out
this form and request this meeting. He said it is not a situation where he
finds any fault with the tax office at all; sometimes things just seems like in
the post office or whatever, they disappear down a black hole and maybe that?s
what happened.
He said they have had a problem a couple of times with them getting their
bills, but any time they contacted the tax office, they have worked with them
very well and cooperated with them.
After more than thirty minutes of discussion on this matter, the question
was then called on Councilor McDaniel?s motion to grant the waiver on the
penalty and interest, which resulted in a 4 ? 5 inconclusive vote. Voting for
the motion was Councilors Barnes, Davis, Hunter and McDaniel. Voting against
the motion was Councilors Baker, Henderson, Woodson and Mayor Pro Tem Turner
Pugh.
Councilor Davis asked Tax Commissioner Huff if there is any way that a
citizen can go on line and see if their bill has been paid or not. Tax
Commissioner said no, not yet, but they can call her office and we can check
for them and let them know. She said in the future that is a process we would
like to have available to the citizens. She said when you do get your bill, at
the request of the Mayor, if you have delinquent taxes, it is listed on that
statement.
Councilor Hunter said the vote was inconclusive and then asked if it would
be possible for Mr. Wilkes to come back in four weeks when we have a full
Council.
Speaking to Mr. Wilkes, City Attorney Fay said you could ask the Clerk of
Council to list this matter again in four weeks when we have a full Council.
Mr. Wilkes said he is not sure whether or not he will be able to get back down
here because he has been extremely ill and in the hospital in North Carolina
over the last twelve months. He said he is not sure if he can make it in four
weeks, but said he can cooperate with the Clerk of Council and schedule it for
another meeting when there will be a full Council.
City Attorney Fay said that would be fine, he could just coordinate that
with Ms. Washington.
Mayor Pro Tem Turner Pugh said when this matter comes before the Council
again, asked Tax Commissioner Huff to bring us the dollar amount in penalties
and interests that are out there for the number of individuals who have not
paid their taxes, or who have paid their taxes, but paid the penalty and
interests.
*** *** ***
MS. KATHY EVERS, REPRESENTING THE HISTORIC DISTRICT PRESERVATION SOCIETY,
RE: REQUESTING AN AMENDMENT TO AMEND THE PARKING MANAGEMENT DISTRICTS PER
SECTION 20-12.11 TO INCLUDE THE RESIDENTIAL AREA OF HISTORIC DISTRICT WITHIN
METRA?S BOUNDARIES FOR PURPOSES OF ENFORCING THE LAW AGAINST PARKING ON CITY
PROPERTY: _______________
Ms. Kathy Evers, 627 3rd Avenue said she is here tonight speaking on
behalf of the Historic District Preservation Society, which is the neighborhood
organization in central Columbus. She said that she is here to request on
behalf of Historic Columbus Foundation, in collaboration with the Historic
District Preservation Society, (HOPS), for Council to expand METRA's Parking
Management District to include all of the Columbus Historic District. She said
METRA currently enforces parking requirements from 14th to 9th Street, Bay to
3rd Avenue in the Uptown area. She said they are asking that this area be
expanded to include 8th to 4th Street and Front Avenue to 3rd Avenue, which
would include the residential area adjacent to Uptown in order to curb the
illegal parking on the city property.
She said each of the avenues in the streets and district with the
exception of Broadway have up to 20 feet of green space between the street and
the sidewalk and said this space is city-owned and city maintained.
Ms. Evers said parking is allowed on a defined parking pad or a driveway,
but yet it is not uncommon to find five or six cars parked in front of a single
property. She said their neighborhood organization has reached out to inform
the public of the parking laws and educate them on parking solutions through
their monthly newsletter to their members by hand-delivering a booklet to every
property in the Historic district prepared by our beautification committee and
through one on one conversations with proprietary, property owners and
tenants.
She said in addition to that the Engineering Department has partnered with
the Board of Historic & Architectural Review to allow paved drives to terminate
at the City?s sidewalk, if assessed to one?s personal property is not
available. She said the investment in the Historic District is substantial,
over the last 10 years the property values of all the parcels in the District
have increased from $24.5 million to $53.6 million. She said since 1992
Historic Columbus Foundation has provided $262 in interest-free loans for
improvements in that neighborhood alone. She said proof of the importance of
the City?s property to the esthetics? of the District was HCF?s willingness to
allow those zero interest free loans, which once was reserved for only
stabilization or restoration of Historic facades for the construction of
driveways on public property and still violations continue.
Ms. Evers said their only course of action is to call 911 and report these
infractions, but said many of us hesitate to tie up valuable public safety
resources for non-emergency issues. She said they realize that funding may not
be available at this time to increase METRA?s authorization, but said having
the expansion approved now will allow for needed enforcement in the future when
funding is available. She said they feel certain that regular monitoring and
enforcement by an authoritative body will help illegal parking and stop the
erosion of the public space. She said this request does not interfere with what
a resident does on his property, nor does it add or modify any law; however,
they are simply asking for additional assistance in enforcing those laws.
Councilor Woodson said she would appreciate it if Ms. Evers would allow
her to take this matter to METRA and discuss it. She said we would take a look
at what we can do. She then asked Ms. Evers if she could identify anyone in the
district that is handicapped that tries to park closer.
Ms. Evers said that would be recognizable by a ramp.
Councilor Woodson said she just wants to make sure that METRA has the
workforce to do this and also that we identify those specific handicapped
areas. She said she wouldn?t want us to make a decision here today without
METRA taking a look into this matter. She said the Director of METRA is present
here tonight and said we will get together and meet on this matter.
Ms. Evers said they came in anticipation of METRA not having the manpower
necessarily to do this right now. She said what they were asking for is the
inclusion of their mandate, should the manpower become available that we could
resource them.
After further discussion of this matter, Mayor Wetherington said he would
remind Chief Boren, Major Graham about this situation and as Councilor Woodson
has stated, we will talk with parking enforcement personnel and maybe we can
give you some relief in this matter.
*** *** ***
MR. PAUL OLSON, RE: INTERDENOMINATIONAL MINISTERIAL ALLIANCE ? TAX
EXEMPTION, CRIME PREVENTION PROGRAM AND FEDERAL LAWS:_______________
Mr. Paul Olson spoke earlier during the meeting and did not respond when
called upon to address the Council on these subject matters.
*** *** ***
MR. JIM RHODES, RE: STATUS ON MOON ROAD PROJECT AND THE VETERANS?
CENTER:_______________________________
Mr. Jim Rhodes came forward and expressed his strong views regarding the
Moon Road widening project, as well as a Veterans? Center for the veterans here
in the Columbus area.
City Manager Hugley, in response to Mayor Wetherington, as to what is the
status of Moon Road, said the information that the Director of the Planning
Department Rick Jones indicates that there are two phases to the Moon Road
project.
He said the first phase is from Wilbur to Whittlesey Road; which will go
from a 2-lane to 3-lane and said final plans are almost complete. He said most
of what is left to be completed, involves the coordination with the local
utilities; and once this work has been accomplished, the final right-of-way
drawings can be finalized. He said once they have the plans acquisition for a
construction easement, property purchases could then begin. He said the
right-of-way acquisition phase would take a minimum of eighteen months, as
there are 100 properties that will be impacted.
City Manager Hugley said the process is moving; it?s an active process;
however, it?s unfortunate it doesn?t move as fast as we all want it to move. He
said it?s only been recently that we came to an agreement whether or not Moon
Road was going to be a 4-lane or a 3-lane.
He said the phase from J. R. Allen Parkway to Veterans Parkway, which is
2-lanes to 4-lanes, those construction plans are completed and the acquisition
for the needed construction easements have begun. He said the construction
easements will be needed from 18 different properties along the roadway and no
additional right-of-way will be required. He said it is anticipated that this
project will be completed in early January 2010 with construction to follow
immediately thereafter.
City Manager Hugley said the project would take approximately 18 months to
complete. He said those are the two sections of Moon Road that are moving
along. He said he wished that we could speed it up, but said some things are
out of our control.
Mr. Rhodes asked if the design that will be going from Wilbur to
Whittlesey Road would include sidewalks. City Manager Hugley said he believes
it does include sidewalks. He said all roads widening with the Georgia
Department of Transportation now include sidewalks.
Mayor Wetherington said you have been down a number of times talking about
Moon Road, but said just recently, the Council decided to do something with
Moon Road, acquiring the property and doing all the things that has to be done
to widen that road, it takes a little time. He said he knows that you are
frustrated, but said at least we are doing something out there.
He said we are doing what has to be done in order to make the improvements on
the road that you want to see. He said just give us time as things are moving
in the right direction now.
Mr. Rhodes continued to express his strong views on the widening of Moon
Road. He also said he would like to ask the Council?s support of a new
Veterans? Center. He said we have talked about this for about five years now
and said that Senator Isakson said that we are going to get one by the end of
2010, as there is money in the stimulus funds. He said we have to do
something. He said we have to be active and let them know that we are counting
on him to do it. He said we want a Veteran Center and said he has asked the
City Manager to try to find some land around the new Library for it.
He said from what he understands the VA doesn?t want Martin Army Hospital
because it will cost $1 million for utilities every year. He said the majority
of the veterans that he has talked with want a Veterans? Center downtown in
Columbus. He said we need to get something moving now because if we don?t it
will go somewhere else. He said he would hope that Councilors Barnes and
Woodson to get the votes to say that this City support a new Veterans? Center.
Mayor Wetherington said if the Senator came to us and said that we are
going to put a Veterans? Center in Columbus, Georgia he believes that we will
find the land. He told Mr. Rhodes to get him to come down and talk with the
City Manager and we will try to find the land.
Mr. Rhodes said they are getting it confused with a hospital as opposed to
a clinic. He said this is for post-traumatic stress syndrome. He said this is
for persons coming out of these terrible wars, as well as for their families
too.
He said we are talking about 60,000 people just in Columbus alone that will be
using this facility. He said if they build one here, they can use it for Phenix
City, Russell County and all of the surrounding areas.
Councilor Barnes said he would like to thank Mr. Rhodes for what he does
and said he never gives up, but keeps pushing. He said he agrees with the Mayor
that our emphasis on Moon Road was due to his prodding, and empathies that you
put to it. He said many of the Veterans in this area do want a Veterans Center.
He said we do have enough Veterans here where we do need one. He said we have
been gathering numbers and signatures and after the Veterans Day parade, there
will be a big meeting where our focus will be generating support among the
citizens for a Veterans? Center. He said he appreciates you coming down here
and letting the people at-large know what your concerns are for Veterans as you
have been fighting for the Veterans? rights for a long time and he respects you
for that greatly. He said it is just a matter of us staying focus. He said
Congressman Bishop did say that he is for a Veterans? Center.
Councilor Woodson said there is some confusion that may be clarified in
the meeting because there are some Veterans asking for a hospital and there are
some Veterans that are asking for a clinic. She said she is hoping that we can
clarify that in this meeting because she thinks this is the reason that we are
not getting the responses that we need from our different Congressmen. She said
one is being asked for a clinic and one is being asked for a hospital.
Mr. Rhodes said Public Law of 1979 provides for the centers, it doesn?t
provide for hospitals and said that is the thing that we are working on. He
said Congress has already approved it.
Councilor Woodson said there is also conversation about a Veterans?
hospital and said that is what Congressman Bishop was talking about in
reference to combining it with Martin Army Hospital. She said the resources
would be there and you wouldn?t have to re-invent the wheel or provide
additional resources. She said the people that went to the clinic, instead of
going to Tuskegee would just go on Fort Benning to make it a little easier for
the other treatments. She said in the meetings that is one of the things that
we need to clarify because you have two Congressmen trying to answer to the
Veterans, but you have two different issues going on and we need to combine
them.
City Manager Hugley said he don?t understand the comment from Mr. Rhodes
about someone getting shot walking out of J. C. Penney and down the sidewalk
out at Peachtree Mall. He said he just wants the record to show that Peachtree
Mall ,? he wants them to be treated fairly. He said he don?t want it over the
air and said he don?t want people to be scared to go to J. C. Penney or
Peachtree Mall and wanted to set the record straight.
Mr. Rhodes said he didn?t mean to say shot. He said we don?t have markings
as you come out of J. C. Penney to go out into the parking area and said the
cars come by there doing 30 or 40 miles per hour and you see people in
wheelchairs sometimes and there is no crossing for them to cross at.
He said about a year ago, he talked to the people out at the mall first
and they didn?t see it as a problem and then he called the City Manager?s
office, but he didn?t remember what happened. He said someone is going to get
killed out there walking out of the store because people are so much in a hurry
and don?t want to slow down. He said J. C. Penney is one of his favorite
stores.
Councilor Barnes said with respect to the Veterans? Center said what they
want is a medical center. He said they already have clinics here in the area
and we can go to the one on 13th Street. He said the clinic is not the issue,
but the issue is having a Veterans? Center. He said the main focus of having it
here in Columbus is the fact that not all Veterans are retirees and have the
identification to be able to get on Fort Benning and that is the issue for
having it here in Columbus.
After more than twenty minutes of discussion on this subject, this matter
was concluded.
*** *** ***
MR. BERT COKER, RE: BOND ISSUE, COUNCIL CHAMBER?S CONFERENCE ROOM, JAIL
EXPANSION AND ILLEGAL
ALIENS:_____________________________________________________
Mr. Bert Coker, who requested to be listed on today?s public agenda, did
not respond when given the opportunity to address the Council.
------------------------------------*** ***
***----------------------------------
CITY MANAGER'S AGENDA:
THE FOLLOWING FIVE RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY MANAGER
HUGLEY AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE MOTION
MADE BY MAYOR PRO TEM TURNER PUGH AND SECONDED BY COUNCILOR WOODSON, WHICH
CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR THIS MEETING,
WITH COUNCILOR ALLEN BEING ABSENT:___________________________________________
A Resolution (400-09) ? Authorizing the submission of the Recovery Bond
Notice of Intent to Issue Recovery Zone Economic Development Bonds in the
amount of $2,090,000 and Recovery Zone Facility Bonds in the amount of
$3,135,000.
City Manager Hugley said both types of Recovery Zone Bonds would expire on
December 31, 2010 and said what we are asking you to do in this resolution is
to allow us to notify the Department of Community Affairs that we intend to use
both bonds. He said if we don?t notify them by this deadline, then they will
reallocate those bonds funding opportunity to other portions of the State; so,
we want to put them on notice and this is what we are doing.
Councilor Davis then asked, from a Federal standpoint is there a criterion
for the private developments.
City Manager Hugley said it is in the materials provided. He said the
Recovery Zone Economic Development Bonds are for public infrastructure and
facilities and the Recovery Zone Facility Bonds are tax-exempt private activity
bonds for financing Economy Development. He said the Recovery Zone Economic
Bond has an option to issue as a tax credit bond a direct pay taxable bond that
will benefit the borrower with a 45 percent direct subsidy from the U. S.
Treasury on interest payments; so there are guidelines and they tell you
exactly how this system is to be used.
Councilor Davis said what you are saying, is if we don?t apply, we don?t
get it, there is a deadline. City Manager Hugley said we have to let them know
that we intend to apply and we will determine if we are able to use the $2
million that is available to us when we go through the bond packing that we are
doing right now that we brought to you a few weeks ago; for the $131.5
million.
A Resolution (401-09) ? Authorizing the submission of an application, and
if approved, accepts an Edward Byrne Memorial Justice Assistance Grant Justice
Assistance Grant for $265,755 through the American Recovery and Reinvestment
Act (ARRA) of 2009.
A Resolution (402-09) ? Authorizing the approval of a variance to the City
Code Section 4.4.22 Encroachments into public rights-of-way to allow the new
YMCA, 1237 1st Avenue, to attach a marquis sign into the Broadway right-of-way
beyond the maximum encroachment of five feet to allow a permanent encroachment
of 6 ft. 6 inches.
A Resolution (403-09) ? Authorizing the execution of a "Temporary and
Limited Purpose Easement Agreement" with The Medical Center Hospital Authority
for the use part of the unused Rail Line from 18th Street to 10th Avenue.
A Resolution (404-09) ? Authorizing the approval to enter into a
Memorandum of Understanding with the development partnership of Thayer, Burgin
and Willis for construction of a two lane roadway between Garret and Macon
Roads.
*** *** ***
THE FOLLOWING FIVE PURCHASING RESOLUTIONS WERE ALSO SUBMITTED AND
EXPLAINED BY CITY MANAGER HUGLEY AND ADOPTED BY THE COUNCIL PURSUANT TO THE
ADOPTION OF A SINGLE MOTION MADE BY MAYOR PRO TEM TURNER PUGH AND SECONDED BY
COUNCILOR WOODSON, WHICH CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL
PRESENT FOR THIS MEETING, WITH COUNCILOR ALLEN BEING ABSENT FROM THIS MEETING:
A Resolution (405-09) ? Authorizing the approval of the purchase of
various ancillary equipment from Hall-Mark Fire Apparatus, Inc., (Ocala,
Florida) in the amount of $54,611.85. The equipment will be installed on
recently purchased pumpers that will be utilized by the Fire/EMS Department at
Station #1. The ancillary equipment includes: axes, hydrant wrench, shovels,
rope, various nozzles, folding ladder and various other rescue equipment. To
accomplish this purchase, the City is participating in an RFP administered by
the City of Tallahassee, Florida. The City?s Procurement Ordinance, Article
9-101, ?Cooperative Purchasing Authorized,? allows for participation in the RFP.
The RFP administered by the City of Tallahassee, Request for Proposal No.
0152-05-VA-TC, is an annual contract for Fire Apparatus and Special Application
Vehicles. Hall-Mark Fire Apparatus was the successful vendor and entered into
Contract #1274 with the City of Tallahassee for a 5-year period, with the
option to renew for an additional five years. The contract began on June 15,
2006. The procurement process administered by the City of Tallahassee meets
the procurement requirements of Columbus Consolidated Government; and Hallmark
has agreed to provide the fire apparatus to the City under the same contract.
A Resolution (406-09) ? Authorizing the approval of the contract with
Hecht Burdeshaw Architects, Inc., (Columbus, GA) in the amount of $92,714, for
architectural/engineering services related to the Riverwalk ?14th Street Bridge
Project.
Recently, the Georgia Department of Transportation awarded $3.5 million in
American Recovery and Reinvestment Act of 2009 (ARRA) funds (Stimulus funding)
for the redevelopment of the 14th Street Pedestrian Bridge. With these funds
the city will be able to complete this vital section of the Riverwalk for the
community. This project however cannot begin without the completion of the
necessary architectural and engineering documentation. The approval of this
contract will authorize the final design work for the 14th Street Bridge begun
in 2004, by Hecht Burdeshaw Architects, under a previous contract with Uptown
Columbus. This contract will include producing bid documents, negotiation
services and construction administration services. Hecht Burdeshaw Architects
is recommended to complete the design services due to their experience,
knowledge and previous work on the project.
A Resolution (407-09) ? Authorizing the purchase of one hundred (100)
MW810 mobile data/ automatic vehicle location (AVL) workstations, in the amount
of $1,120,700 from Motorola Corporation. The unit cost for the Mobile Data/AVL
is $11,207. The equipment will be installed in police vehicles purchased due
to the expansion of the Police Department?s authorized strength by one hundred
new officers.
This purchase is part of a continuing project aimed at equipping all
appropriate public safety vehicles with advanced technology, in order to
maximize the efficiency of public safety response calls, for service, from the
public. Per Resolution No. 431-00 (RFP No. 00-0022), Council awarded a
contract with Motorola to provide mobile data units for public safety
departments. To maintain uniformity of the equipment, the City has continued
to purchase the equipment from Motorola. Consequently, the vendor is
considered the only known source to provide the equipment, in accordance with
the Procurement Ordinance, Article 3-114.
A Resolution (408-09) ? Authorizing the execution of a contract with
Renaissance Marketing, Inc., (Savannah, Georgia), to provide bus advertising to
be placed on the exterior and/or interior of METRA buses.
The contract term shall be for two years with the option to renew for three (3)
additional twelve-month periods. The contract renewal will be contingent upon
the mutual agreement of the City and the Contractor.
A Resolution (409-09) ? Authorizing the execution of a contract amendment
with Jordan, Jones & Goulding (Columbus, GA) for additional engineering
services required for the Veterans Parkway Widening Project from Old Moon Road
to Hancock Road in the amount of $341,650, plus payment for any contingencies
due to unforeseen issues.
Georgia DOT is requiring that the City move forward and complete the
preliminary design for this project in order to facilitate the acquisition of
the Right of Way. The amendment to the contract is required due to several
changes that have occurred over the last three years while waiting for
Categorical Exclusion to be approved by the Federal Highway Administration.
*** *** ***
ABANDONED PROPERTY:
Councilor Woodson said she has a letter regarding some abandoned property
that she would like for the staff to look into.
*** *** ***
SPEED BUMP:
Councilor Woodson said she would like for the City Manager and his staff
to look into a request for a speed bump on Mongolian Avenue.
*** *** ***
Councilor Woodson said she would like to thank to everyone for the prayers
and telephone calls during the last two weeks during her mother?s illness. She
said she would like to especially thank the Sheriff?s Department for the
Chaplain that came out to pray with them.
*** *** ***
EAST HIGHLAND:
Councilor Anthony said he would like for the City Manager to have the
staff to check the area of 17th Avenue & 22nd Avenue and 11th Avenue to 15th
Avenue where there is leaves backup.
------------------------------------*** ***
***----------------------------------
CLERK OF COUNCIL?S AGENDA:
THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS
INFORMATION FOR THE MAYOR &
COUNCIL:_________________________________________________
Notice of GMA?s 2010 Mayors? Day Conference, January 22, 2010 through January
25, 2010, in Atlanta, Georgia.
Memorandum from GMA, Re: District 8 Fall Meeting, November 18, 2009, Marion
County Senior Center, in Buena Vista, Georgia.
Copy of the audited financial statements and the Compliance Reports for the
Columbus Department of Public Health for the year ended June 30, 2009.
Memorandum from Clerk of Council Washington, Re: Convention & Trade Center
Authority.
Memorandum from Clerk of Council Washington, Re: Uptown Facade Board.
Memorandum from Clerk of Council Washington, Re: Local Government Advisory
Body. (State-wide Water Management Plan)
Letter from Ms. Elizabeth Barker, Historic Columbus Foundation, Inc.,
requesting an expansion of METRA?s management area to include all of the
Columbus Historic District.
Mayor?s Committee for Persons with Disabilities Weekly Report for the week of
September 21, 2009 through September 28, 2009.
*** *** ***
THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CLERK OF COUNCIL
WASHINGTON AND APPROVED BY THE COUNCIL:_______________________________
A Resolution (410-09) ? Approving and receiving the report of the Finance
Director of those alcoholic beverage licenses that were approved and/or denied
during the month of September 2009. Councilor Henderson moved the adoption of
the resolution. Seconded by Councilor McDaniel and carried unanimously by those
nine members of Council present for this meeting, with Councilor Allen being
absent.
*** *** ***
THE FOLLOWING REQUEST OF CITY MANAGER HUGLEY WAS SUBMITTED BY CLERK OF
COUNCIL WASHINGTON AND ACTION TAKEN TO REFER THE REQUEST TO THE BOARD OF
HONOR:_____________________________________________________
Clerk of Council Washington submitted information from City Manager Hugley
requesting consideration to approve naming of the new city service building
?The J. R. Allen Consolidated Government City Service Center?.
Councilor Henderson moved the request be forwarded to the Board of Honor
for a recommendation. Seconded by Councilor Baker.
Councilor McDaniel said this name if awfully long that you are proposing
and said he was wondering if it would be better to just say the J. R. Allen
City Service Center. He said everybody knows it is the Consolidated Government
and he would propose that we take Consolidated
Government out and just have it beneath it.
City Manager Hugley said he doesn't have a problem with that, it could be
the J. R. Allen City Service Center and then right below that, have Columbus
Consolidated Government in small print.
Councilor Anthony said maybe it could say the J. R. Allen Citizens Service
Center.
The question was then called on the motion to refer this matter to the
Board of Honor, which carried unanimously by those nine members of Council
present for this meeting, with Councilor Allen being absent.
*** *** ***
MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL
WASHINGTON AND OFFICIALLY APPROVED BY THE
COUNCIL:_______________________________
Board of Tax Assessors, No. 36-09.
Board of Water Commissioners, September 14, 2009.
Board of Zoning Appeals, July 3, 2009.
Board of Zoning Appeals, August 5, 2009.
Civic Center Advisory Board, January 15, 2009.
Civic Center Advisory Board, February 19, 2009.
Civic Center Advisory Board, April 23, 2009.
Convention & Visitors Bureau, September 8, 2009.
Convention & Visitors Bureau, September 16, 2009.
Development Authority, September 3, 2009.
Housing Authority, March 18, 2009.
Housing Authority, April 15, 2009.
Housing Authority, May 20, 2009.
Uptown Facade Board, September 21, 2009.
Councilor McDaniel made a motion that the minutes be received. Seconded by
Councilor Henderson and carried unanimously by those nine members of Council
present for this meeting, with Councilor Allen being absent.
*** *** ***
THE FOLLOWING ADD-ON RESOLUTION WAS ALSO SUBMITTED AND EXPLAINED BY CLERK
OF COUNCIL WASHINGTON AND ADOPTED BY THE COUNCIL:_____________
A Resolution (411-09) ? Excusing Councilor R. Gary Allen from the October
27, 2009 Council Meeting. Councilor Henderson moved the adoption of the
resolution. Seconded by Councilor Baker and carried unanimously by those nine
members of Council present for this meeting, with Councilor Allen being absent.
*** *** ***
THE FOLLOWING ZONING PETITION RECOMMENDED FOR APPROVAL BY BOTH THE
PLANNING ADVISORY COMMISSION AND THE PLANNING DEPARTMEMT WAS SUBMITTED AND AN
ORDINANCE AND PUBLIC HEARING WAS CALLED FOR BY COUNCILOR
MCDANIEL:____________________
Petition submitted by Robert M. McKenna to rezone 3.136 acres of property
located at 7590 Moon Road from SFR1 (Single Family Residential 1) to RMF2
(Residential Multi Family 2). (Recommended for approval by both the Planning
Advisory Commission and the Planning Department.) (23-A-09-McKenna)
*** *** ***
BOARD APPOINTMENTS:
ANIMAL CONTROL ADVISORY BOARD:
Clerk of Council Washington pointed out that the terms of office of
Ms. Jeannie McKee, Dr. John Bloszies, Dr. Patrice Holt and Ms. Gail Simpson on
the Animal Control Advisory Board expired on October 15, 2009. She said Ms.
McKee, and Dr. Bloszies are both eligible to succeed themselves, but Dr. Holt
and Ms. Simpson are not eligible to succeed themselves. She said Dr. Bloszies
represents the Veterinary Association and Ms. McKee and Ms. Simpson serve in an
at-large position and Dr. Holt is also a veterinarian that must practice in a
one-stop pet registration program.
Councilor Henderson then nominated Ms. McKee and Dr. Bloszies to succeed
themselves for another term of office. Clerk of Council Washington said she
would bring this back in two weeks for the Council?s confirmation.
*** *** ***
COMMISSION ON INTERNATIONAL RELATIONS & CULTURAL LAISON ENCOUNTERS
(CIRCLE):_________________
Clerk of Council Washington pointed out that Mr. Hidoe Kabumoto has
resigned his seat on the C.I.R.C.L.E. and pointed out that Council needs to
nominate someone to fill this unexpired position.
*** *** ***
COMMUNITY DEVELOPMENT ADVISORY COUNCIL:
Clerk of Council Washington pointed out that Mr. Tyrone Rowe is no longer
a resident of Muscogee County and pointed out that this is
Council District 6 representative and that Councilor Allen is working on
getting a replacement for someone to fill this unexpired term.
*** *** ***
COOPERATIVE EXTENSION ADVISORY BOARD:
Clerk of Council Washington pointed out that we are still working trying to
get a replacement for someone to fill the seat of Rev. Joseph Roberson, who is
no longer a resident of Muscogee County.
*** *** ***
HOSPITAL AUTHORITY OF COLUMBUS:
Clerk of Council Washington pointed out that we would need to submit three
nominees to the Hospital Authority for someone to fill the unexpired term of
the late Mr. Franklyn Lambert from which the Authority will select someone.
*** *** ***
KEEP COLUMBUS BEAUTIFUL COMMISSION:
Clerk of Council Washington pointed out that Ms. Susie Hamlet, the
District 7 representative on the Keep Columbus Beautiful Commission cannot
succeed herself for another term of office.
Councilor Woodson asked Clerk of Council Washington to go ahead and
contact Ms. Gloria Weston Smart and get the name of the individual that they
are recommending for this position.
Clerk of Council Washington also pointed out that we need someone to fill
Ms. Peggy Myles' seat for the District 1 representative, as she is no longer a
resident of District One.
*** *** ***
PUBLIC SAFETY ADVISORY COMMISSION:
Clerk of Council Washington pointed out that Dr. John E. Stephens has
resigned from his position as the District 9 representative on the Public
Safety Advisory Commission and this is Councilor Anthony's appointment.
Councilor Anthony then nominated Mr. John Pezold. Clerk of Council
Washington said because this is a District appointment, Mr. Pezold can be
confirmed. Councilor Henderson so moved. Seconded by Councilor Baker and
carried unanimously by those nine members of Council present for this meeting,
with Councilor Allen being absent.
She also pointed out that Sarah Sillitto's District 5 seat has been
declared vacant and that Councilor Baker is working on getting a replacement
for this position.
*** *** ***
RECREATION ADVISORY BOARD:
Clerk of Council Washington pointed out that Mr. Bradford Haines has
resigned from his District 2 seat on the Recreation Advisory Board and advises
that Councilor Davis is working on a replacement for this position.
*** *** ***
YOUTH ADVISORY COUNCIL:
Clerk of Council Washington pointed out that Councilor Henderson is
nominating Ms. Emily Lewis for his Council District 10 representative and that
she may be confirmed. Mayor Pro Tem Turner Pugh moved she he confirmed.
Seconded by Councilor Henderson and carried unanimously by those nine members
of Council present with Councilor Allen being absent.
Clerk of Council Washington also pointed out that we still need nominees
for the following Districts for the 2009/2010 school years on the Youth
Advisory Council. Council Districts 1, 2, 7, 9 and the Mayor's appointment.
*** *** ***
RESOLUTION FOR MR. FRANKLYN LAMBERT:
Councilor McDaniel said he thinks this Council should adopt a resolution
commending Mr. Franklyn Lambert for all of his service to the community and
said he would like for it to be sponsored by the entire Council.
*** *** ***
YOUTH ADVISORY COUNCIL:
Councilor Woodson asked Clerk of Council Washington if she needs a
representative for the Youth Advisory Council for District 7 or did the young
man who represented the district last year is still on there. Clerk of Council
Washington said she would have to check on that, as she is not sure of what the
status of that young man is.
*** *** ***
EXPRESSIONS OF THANKS:
Councilor Henderson said during the passing of his mother and the grieving
period that his family went through, he would like to publicly express to every
member of this Council, the Clerk's office, the City Attorney's office, the
City Manager's staff, how much it meant for all of us to see all of you there
and the support we received from everyone. He said on behalf of his family, he
would like to say thank you.
*** *** ***
FINANCE REPORT:
City Manager Hugley said he inadvertently left off the Finance Report from
his Agenda and said he would like to call up Finance Director Pam Hodge to give
the Finance Report.
Finance Director Pam Hodge then went into some details in giving the
September Revenue Report. She pointed out in the Local Option Sales Tax there
are 82 of the 100 police officers hired at the end of September. She said
there are four of the E-911 positions and one of the court related positions
that were approved and is filled by the end of September. She said revenues
collected for two months worth of collections on the 70% is $4.1 million and
for the 30% revenue collected is $1.7 million; which represents two months of
collection. She also pointed out that they outlined the itemized details of
what has been spent in each of the different departments was included in the
information provided to the Council. She said the majority of the public
safety expenditures have to do with the $3,000 supplement that was approved.
Ms. Hodge said on the operating funds the September 2009 report, the
general funds shows that we are down 16.97% from this same period of time last
year. She said in FY-09, it did include the Continental Carbon settlement, so
if you take that out, general funds revenues are actually up 2.42% from where
we were last year. She said we have had two months of sales tax collection and
for those two months compared to the same two months last year, we were up
9.36%. She said we did get a check from the State in September, which was much
greater than it has been in the past.
Sewer Fund up 4.73%. Paving Fund down 6.39%. Ms. Hodge said some of these
funds where the majority of some of these funds are from taxes, we won't see
that until the October report. She said we have received some revenue from the
Tax Commissioner Office and we are seeing good tax collections for the month of
October.
Medical Center Fund down 6.82%. Integrated Waste Fund down slightly 4.15%
which represents about a $75,000 decrease in the Integrated Waste Fund. The
E-911 Fund is down slightly at 1.29% which represents about $5,000 decrease in
that fund. Economic Development down 6.82%.
Debt Service down 6.88%, Transportation Fund up 5.5% of about $24,000.
Trade Center Fund down 18.01%, Bull Creek & Oxbow Golf Course; both of the golf
courses are seeing an increase in revenue from that same time period on last
year. The Civic Center is seeing an increase of $69,000 at a12.5%.
After fifteen minutes of outlining the various funds, Ms. Hodge then
concluded her presentation and offered to answer any questions of the Mayor &
Council.
Mayor Pro Tem Turner Pugh said on the Medical Center Fund, why is there
such a big jump in September when you look at July & August report.
Ms. Hodge said for the month of September what we are seeing in the detail,
which is located on Page 13 of 19, is that we did get one distribution from the
Tax Commissioner's office for real and personal property. She said that would
be anyone who has paid before his or her October 1st deadline. She said those
would be advanced payments on actual property taxes. She said the other two
months what you are seeing is the monthly distribution on the motor vehicle
side, which is typically a month late payment that we received from the Tax
Commissioner's office. She said taxes are collected in October & December, so
we did receive $357,000 on real property for the month of September.
Ms. Hodge then responded to further questions of members of the Council
regarding the Finance Report.
*** *** ***
Mayor Wetherington then asked if there was anyone who was not listed on
the agenda, but had an issue to bring before the Council, they could be heard
at this time. There were none.
*** *** ***
EXECUTIVE SESSION:
Regarding an earlier request of City Attorney Fay for an executive
session, Councilor Anthony then made a motion to allow the Council to go into
an executive session to discuss a matter of potential litigation. Seconded by
Councilor Henderson and carried unanimously by those nine members of Council
present for this meeting.
*** *** ***
At 7:40 p.m., the regular meeting was adjourned to allow the Council to go
into an executive session to discuss a matter of potential litigation.
At 8:09 p.m., the meeting was called back to order at which time Mayor
Wetherington pointed out that the Council did meet in an executive session and
discussed a matter of potential litigation, but there were no votes taken.
*** *** ***
With there being no other business to come before the Council, Mayor Pro
Tem Turner Pugh then made a motion for adjournment. Seconded by Councilor
Woodson and carried unanimously by those nine members of Council present for
this meeting, with Councilor Allen being absent, with the time now being 8:10
p.m.
Tiny B. Washington, CMC
Clerk of Council
The Council of Columbus, Georgia
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