MINUTES
COUNCIL OF COLUMBUS, GEORGIA
REGULAR MEETING
JULY 24, 2012
A meeting of the Council of Columbus, Georgia was called to order at
5:30P.M., Tuesday, July 24, 2012, on the Plaza Level of the Government Center,
Columbus, Georgia. Honorable Teresa Pike Tomlinson, Mayor, presiding.
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PRESENT: Present other than Mayor Tomlinson were Councilors Mike Baker, Jerry
Barnes, Glenn Davis, Berry H. Henderson, Charles E. McDaniel, Jr., Judy Thomas
and Evelyn Woodson. City Manager Isaiah Hugley, City Attorney Clifton Fay,
Clerk of Council Tiny B. Washington and Deputy Clerk Sandra Davis were also
present. Councilor R. Gary Allen took his seat at the Council table at 5:32
p.m. Councilor Bruce Huff took his seat at the Council table at 5:34 p.m. and
Mayor Pro Tem Turner Pugh took her seat at the Council table at 5:40 p.m.
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ABSENT: No one was absent.
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INVOCATION: Led by Mayor Teresa Tomlinson.
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PLEDGE OF ALLEGIANCE: Led by members of Girls Inc.
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RECOGNITION OF ALEX GUEVARA:
Councilor Thomas recognized the presence of Alex Guevara, with Boy Scout
Troop 35, who is working on his Boy Scout Badge.
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MAYOR?S AGENDA:
Mr. John Redmond, Internal Auditor came forward to present his findings
of the transition audit of the Inspections and Codes Department that he
recently completed. He said this is a very busy department and their workload
is always very swift and heavy; and even in times when it seems like maybe
there is less new home construction; there is always commercial construction
and home improvement projects. He said they have a lot of permits they issue
each year and in turn a lot of inspections to complete.
Mr. Redmond then went into details outlining his findings of the
transition audit which was done after the retirement of Mr. Bill Duck,
Department Director of the Inspections & Code Enforcement Division. The
following information was then provided in connection with the audit that was
performed by Mr. Redmond as outlined below.
POLICIES & PROCEDURES:
Findings
Vehicle Policy does not require daily vehicle inspection logs.
Driver Training Policy does not specify a time frame in which training must
occur.
Moonlighting Policy does not specify acceptable second occupations or outline
potential conflicts.
Recommendations
Vehicle Policy should require that daily vehicle inspection logs be completed.
Driver Training Policy should be modified to include annual refresher course.
Moonlighting Policy should outline acceptable occupations and prohibit
inspectors from obtaining work with local contractors or developers.
Auditee Response
The Department will comply fully with the City?s Vehicle Fleet Safety Policy to
include daily vehicle inspections, and driver refresher training and drivers
license checks.
The Department?s policy on ?Moonlighting?, which mirrors the City Work rules,
will be amended to more clearly outline acceptable second occupations for
department personnel.
POSITION DESCRIPTIONS:
Findings
Position Title ?Permit Technician? is used for multiple sets of work
responsibilities.
Recommendations
?Permit Technician? should be separated into two position titles with
descriptions that match their day-to-day responsibilities.
New descriptions should be evaluated for requirements and pay-grade.
Auditee Response
The Department will coordinate with the Human Resources Department on the
?Permit Technician? job description as written by the University of Georgia to
determine in two separate positions are necessary based on the day-to-day
responsibilities of personnel.
PERSONNEL FILES:
Findings
A running copy of the Print Shop personnel files were not found in the
department.
Some files were disorganized, incomplete, or out-of-date.
Recommendations
A copy of all personnel files should be maintained within the department,
including the Print Shop employee files.
Files should contain a copy of the employees Drivers License and Driver Safety
Training.
Files should contain a copy of all certifications/degrees required for the
position.
Files should be organized, complete, and up-to-date.
Auditee Response
The Department employee records for certifications, training, and driver?s
license verification are maintained in separate files.
The files will be consolidated and organized in a uniform manner.
MANAGEMENT CONTINUITY PLAN:
Findings
No formal Management Continuity Plan was found to exist.
Recommendations
A Management Continuity Plan should be developed and implemented.
Auditee Response
Management continuity has been maintained through the years with qualified
field inspectors filling vacant Coordinator positions and Plans Review
positions.
The Department has a career ladder in place to encourage and to provide an
incentive for department personnel to pursue addition certifications to prepare
for advancement.
The Department maintains a Director and Assistant Director?s positions to
ensure continuity in upper level management.
The departure of both management employees within two months was untimely, but
does not reflect a lack of planning for management continuity.
BUSINESS CONTINUITY PLAN:
Findings
No formal Business Continuity Plan was found to exist.
Recommendations
A Business Continuity Plan should be developed and implemented.
Auditee Response
The Department acknowledges the need for a practical Business Continuity Plan
throughout the Columbus Consolidated Government for critical services to the
citizens.
The Department will actively participate in the development of such a plan when
initiated.
CONNECTIVITY:
Findings
No information or activity was found that would relate an employee with a
contractor or developer.
No information was found that would require, limit, or monitor any relations.
Recommendations
It should be required that all employees having relationships with contractors
or developed be disclosed.
Management should periodically poll departmental employees as to whether any
new relationships have come to exist.
Councilor Thomas asked if there is a time certain as to when this
relationship should be disclosed. She said if an employee should begin a
relationship with a contractor do they have to report that within 10 or 30
working days or something along that line.
Mr. Redmond said currently there was no such policy in place formerly
within the department, but said that is the intent; that they would put a
policy in place whereby it would require the employee to report it immediately
when a relationship begin to exist.
In response to further questions of the Council, Mr. Redmond said it is
the employee?s responsibility to report it, but said it is also a management?s
responsibility to periodically follow-up and ask the questions and to double
check on it.
Councilor Allen asked what is the definition of a relationship, does it
mean they are related; or are they dating. Also, what?s the penalty if they do
not disclose the relationship?
Mr. Redmond said that would be left to the discretion of the department
head based on the policy that is developed and put into place. He said the idea
is that it would be a family relationship or an employment relationship that
potentially could lead to a conflict. He said we don?t find any that currently
exist, but said that doesn?t mean that there couldn?t be something out there.
He said the point is to make sure if there are relationships, that they are
known and that they can be monitored by management. He said the policy that
would be developed by the department would specify what actions would have to
be taken or if there is any type of penalty.
Councilor Allen then asked the City Attorney to check and see whether or
not our State Ethics laws drill down that far or would it apply to that matter.
City Manager Hugley said we probably need to take a look at our Ethics
policy that we have within the Government and certainly as the Internal Auditor
pointed out, and as Deputy City Manager Arrington responded; not only do we
need to look at it within that department, but said we need a city-wide policy
regarding this matter and said we will take a look at that.
Mayor Tomlinson said she would think that there are a number of examples
starting with the State. She said she knows that the concept of
relationships has to be defined somewhere within the State law or Ethics law;
therefore, we can probably pull from a couple of different examples.
Mr. Redmond said there are certainly other potential conflicting
relationships between employees and citizens or businesses in the community
that could exist in other departments and said as City Manager Hugley has
stated it is a good idea to look at it from a city-wide prospective.
Auditee Response
The Department acknowledges the need for a policy requiring employees to
disclose personal and business relationships with individuals or businesses
routinely conducting business with the Department.
The Department will move forward with the development and implementation of
this policy.
GOALS AND OBJECTIVES:
Findings
A Customer Satisfaction Survey was not found to be in use.
New employees attend Customer Service Training at orientation, but are not
given refresher courses.
Recommendations
A customer Satisfaction Survey should be developed and given to customers.
An ongoing Customer Service Training Program should be developed and
implemented.
Auditee Response
The Department will implement a Customer Satisfaction Survey as a tool to
enhance our customer?s experience.
The Department will work with Human Resources in developing an ongoing Customer
Service Training Program for department personnel.
VARIANCE APPROVAL
Findings
Code Variances are approved by management, but without written documentation.
Recommendations
Any Code Variances approved by management should be documented in writing,
communicated to the inspector, and maintained in the corresponding case file.
Auditee Response
The Department acknowledges there are aspects of the regulations that require
professional judgment or interpretation. This may include the approval of
alternative means or methods in construction or the practical interpretation of
regulations.
The Department will pursue a mechanism to document when these determinations
are made by the Building Official or designee.
CAPITAL ASSETS
Findings
All items included in the Capital Asset Listing were identified and found to be
in active service.
Recommendations
None.
Auditee Response
Department Concurs
PAYROLL
Findings
All employees were accounted for within the department.
No phantom employees were found to exist.
Recommendations
None.
Auditee Response
Department Concurs
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CIVIC CENTER FOOD & BEVERAGE CONTRACT:
Mr. John Redmond, Internal Auditor said this was an add-on item that the
Council approved a few weeks ago at the request of Civic Center Director Ross
Horner. He said Mr. Horner requested that their food and beverage vendor be
audited and asked that we look at that contract to determine whether or not
they were performing correctly.
He then went into some details in outlining the activities that were
performed during this audit, which includes the following as outlined
below.
Findings
Settlement calculations for events paid were correctly calculated.
Two events were excluded from payment as they were deemed to be insider events
performed at cost.
The review of FY 2011 monthly settlements revealed an overpayment for the month
of July 2010.
Recommendations
Management should compare the events on the Centerplate monthly settlement
sheets with the master event calendar maintained by the Civic Center.
Management should verify the calculation of commissions paid each month and
maintain a running total of sales for each fiscal year to ensure that
commission rate changes are applied at the correct time.
Mr. Redmond said the Food & Beverage contract with Centerplate specifies
that on the first $750,000 sale in a fiscal year, (the City?s fiscal year
begins July 1st of each year and concludes on June 30th of the following year)
beginning in July, the current rate for those is 24%, which may change from
year to year, but said that is the base rate until they achieve $750,000 in
sales that?s the rate that should be paid to us as commissions. He said beyond
that point; from the $750,001 forward, it goes to 30% or a premium rate.
He said what actually had occurred is that they attached the premium rate in
the previous fiscal year when they moved over into the new fiscal year, they
did not reset the counters and it continued to pay us at the higher rate. He
said they overpaid us by approximately $2,400 in the month of July 2010.
He said we did find that there was an overpayment in that period, but said
Mr. Horner is working with the Centerplate management to ensure that those
things are correctly calculated going forward. He said it actually was not a
result of an error at the local level, but it was one at the corporate office
of Centerplate and he was told by their General Manager, that it applied to
about 16 different contracts that they have a June 30th fiscal year and they
overpaid all of us, which costs their company approximately $50,000 based on an
average size like ours.
Mr. Redmond then responded to questions of members of the Council
regarding these audit findings.
City Manager Hugley said he don?t think that they have had too many, but
said he knows that there were some issues, because he has discussed them with
Mr. Horner since he has been here and he dealt with those issues directly with
the local management. He said as he understands it there may have been some
penalties in at least one case that he mentioned to him. He said the local
manager of Centerplate sits in on the Civic Center?s Directors department head
meetings as though he is one of the Division managers. He said that person is
involved in their weekly department heads meeting; so they have that direct
communication.
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MINUTES OF COUNCIL MEETINGS: Minutes of the June 26 & July 10, 2012 Meetings
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 Baker and carried unanimously by those ten members of
Council present for this meeting.
Mayor Tomlinson said we will approve the executive session minutes in
executive session.
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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 Zoning Atlas of the Consolidated Government of
Columbus, Georgia; this amendment changes certain boundaries of a district
located at the Southwest corner of 9601 Yellow Pine Road (Garrett Pines
subdivision) and the Northwest corner of 8997 Macon Road (proposed Midland
Downs development) from SFR3 (Single Family Residential 3) to PMUD (Planned
Mixed Unit Development) Zoning District for the Southwest Corner of 9601 Yellow
Pine Road from and from PMUD (Planned Mixed Unit Development) to SFR3 (Single
Family Residential 3) Zoning District for the Northwest Corner of 8997 Macon
Road. (7-CA-12-Willis Plantation, LLC / Jackson-Burgin, Inc.)
PROPONENTS:
Mr. Warren Mason, of Moon, Meeks, Mason & Vincent, civil engineers and
land surveyors said he is here tonight representing both Willis
Plantation and Midland Downs, LLC. He said what you have before you is a
rezoning request for two portions of their property where they have commonly
agreed to swap some land to enhance and more efficiently develop their
properties. He said both the PMUD zoning was going to be developed as a single
family, and the other property as a single-family use. He said it is a like use
between the two, and this just cleans up and make the zoning follow the two
property lines from where the two owners had swapped a 1.8 acres parcel and a
1.6 acre parcel between the two of them.
He then offered to answer any questions of the Council, but there were
none.
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OPPONENTS:
City Attorney Fay then asked if there were anyone in opposition to this
request, but there were none. He then asked if there were any questions that
the Council may have, but there were none. He then pointed out that we have a
Consent Agenda/Work Session on next week and said if there are no objections of
the Council, we would list this ordinance on that Agenda to be voted on by the
Council during this Consent Agenda/Work Session.
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THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY
AND ADOPTED BY THE COUNCIL AFTER SOME DISCUSSION:_________________________
A Resolution (206-12) ? Authorizing a Special Exception to operate a day
care, Type III, as an associated use to a church located at 7170 and 7176
Beaver Run Road. The property is located in a SFR3 (Single Family Residential
3) zoning district. The operation of a daycare center.
Councilor Thomas moved the adoption of the resolution. Seconded by
Councilor Allen.
Prior to the Council taking a vote on this resolution, City Attorney Fay
asked that the petitioner come forward and give a brief presentation and
explain to the Council what he is requesting.
Mr. Mitch Watts, 7170 Beaver Run Road, Pastor of All Saints Presbyterian
Church said Columbus Christian Pre-School, which is a new organization that is
owned by his bride, is partnering with All Saints Presbyterian Church to open a
part-time Pre-School that will be housed in the church. He said as they were
going through the process of setting everything up, they discovered that this
area wasn?t currently zoned for this use; therefore, they had to go before the
Board of Zoning Appeals and they worked with them; and they have taken those
steps and now they are recommending approval of this request.
City Attorney Fay then asked if there were any questions of the Council,
but there were none. He said he knows that there is a lot of support here with
Mr. Watts and then asked if there was anyone else who wanted to speak in favor
of this request, but there were none.
He then asked if there was anyone present in opposition to this request
for a special exception use, but there were none.
Mayor Tomlinson then called the question on the motion to adopt the
resolution, which carried unanimously by those ten members of Council present
for this meeting.
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EXECUTIVE SESSION:
City Attorney Fay said we need to have an executive session after the
adjournment of tonight?s meeting to discuss a real estate acquisition matter
and a matter of litigation.
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PUBLIC AGENDA:
MR. TERRENCE THORN, REPRESENTING THE COLUMBUS LADY WINGS, RE: FUNDRAISING
EFFORTS FOR THE COLUMBUS LADY WINGS TO ATTEND THE NATIONAL CHAMPIONSHIP IN
MIAMI, FLORIDA: ________________________
Mr. Terrence Thorn came forward and said he is unable to speak tonight due
to an illness; however, his father, Mr. Randy Thorn, President/General Manager
of the Columbus Lady Wings will be speaking in his place.
Mr. Randy Thorn then came forward and said the Columbus Lady Wings is a
semi-pro women?s basketball team. He said he would like to thank the Council
for their support for the past two years of the Columbus Lady Wings. He said
some of you may not know, but said this is their second year here in Columbus
as the Columbus Lady Wings. He then gave some background information on the
Columbus Lady Wings team pointing out that Mayor Tomlinson is their first
honorary team member, but unfortunately she didn?t get an opportunity to play
this year. He said we do appreciate her being a member of the team.
He said on last year they had a very bad season and only won two of their
games; and one of those games was a forfeit. He said they did not have a very
good season, but he is happy to say this year, they have turned the complete
season around and said the Columbus Lady Wings were undefeated this year.
Mr. Thorn said they have gone from the bottom of the league to Number Two
in the league. He said this league has fifty-four teams Nationwide throughout
the United States and Puerto Rico. He said they are ranked Number Two and are
seeded Number Two and are looking forward to going
down to Miami, Florida to play in the National Championship and bring back the
championship trophy for this city.
He said we are just here asking for a little help from the City. He said
it has been a very expensive two years providing all of the support for the
team. He said they have had some local support from business owners here in the
City, as well as personal support from some of the family members. He then
introduced one of the players that he had present with him in the Council
Chambers, Monica Sinker, who is in the top fifteen in the Nation. He said one
of their other players Brittney Thomas is tied for first in the Nation. He
said what they have been asking the public to do is to sponsor a player, by
giving them $10, $20 or $50; or whatever you think your heart can bear. He said
they would love to have your support to be able to bring this back to Columbus.
After making some additional comments regarding the Columbus Lady Wings
team, Mr. Thorn said their plan is to bring this team into fruition and to be a
WNBA team. He said he has been talking to the WNBA for the last two years about
converting this team into one of the teams on the WNBA.
He said he has been talking with the league owner about trying to bring the
championship tournament here to Columbus; which consists of twelve teams. He
said they can be contacted at www.ColumbusLadyWings.net and if anyone would
like to make a contribution, they can send their checks to 3907 Suite B, Macon
Road, Columbus, Georgia 31907.
Councilor Woodson asked Mr. Thorn if he has spoken with the Columbus
Sports Council about trying to bring the tournament here to Columbus. She also
asked City Attorney Fay to prepare a resolution for the team so that we can
bring them before the Council so that we can recognize them.
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MR. MANUEL WHITFIELD, RE: COUNTY JAIL:
Mr. Manuel Whitfield, 2710 Pinola Avenue came forward and expressed his
concerns regarding problems he said exists at the Muscogee County Jail. He said
he works on the Legal Redress Committee for the NAACP and said he was denied
permission to go in as a Minister because he left money on the books for a
prisoner; who at the time was being mistreated by some of the Sheriff Deputies.
He said he is a diabetic and the officers were talking about not giving him his
medicine unless he paid for it. He said they knew that he didn?t have any
money on the books and no visitors at that time. He said he had been in jail
for about two years without an indictment. He said there are other persons who
have been in jail for about four or five years without being indicted. He said
one of the inmates they tried to see, couldn?t even be found. He said they sent
him a letter only to have it returned and when he went to the jail the next day
and saw another inmate; who said the other gentleman that they were looking for
slept in the bed right next to him.
Mr. Whitfield said there are inmates sleeping on the floor and are being
mistreated. He said he spoke with the Chaplain about these concerns and he was
told that if he didn?t like what was going on, he didn?t have to come into the
building or the institution. He said he told the Chaplain that he was going to
bring these concerns to the City Council so that they would be aware of what
was going on, and was told by the Chaplain that there is nothing that the City
Council could do. He said this is what is going on in your city at the County
jail.
Mayor Tomlinson asked Mr. Whitfield to provide her with a list of names of
all the inmates that he stated has been in jail and have not been indicted; so
she can look into that by asking the District Attorney what the status is. She
said there are certain laws that require that people have a speedy right to
trial and they are processed in a speedy way. She said she is not sure what is
going on there, but we can certainly check on that. She said there could be a
misunderstanding; that in fact they have been indicted, and have been
convicted, but if you would get me a list, we can check on that.
Mayor Tomlinson said she didn?t know whether or not there was anyone from
the Sheriff?s Department here tonight. There was no indication that there was
anyone present. She said she will take Mr. Whitfield?s comments and get with
the Sheriff and we will check out all of this information.
She said as you know they are regularly audited and investigated by the
Justice Department and said we have not heard anything related to sleeping on
the floor, or the types of things you are talking about, but said we take all
complaints seriously and said we will look into that and let you know.
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MR. BILLY WATSON, RE: OPPOSITION TO THE ONE PERCENT TRANSPORTATION SLAES
TAX:_____________________
Mr. Billy Watson, 5552 Perry Avenue came forward and made several comments
expressing his opposition to the one percent transportation sales tax. He read
a prepared statement saying, he doesn?t like to refer to people as the rich and
poor, therefore, would call them the fortunate and the less fortunate. He said
he has been watching the campaign to raise the sales tax one percent and what
he has seen is some of the fortunate supported by the Chamber of Commerce
flooding the media with commercials that are not entirely true. He said he sees
the less fortunate with no resources to answer these commercials and apparently
no one capable of speaking for them.
He said he was born in 1934 during the depression when neither one of his
parents was working and he knows what it is to be one of the less fortunate and
he has seen families struggling to survive; so he is here to speak for the less
fortunate and to tell the truth about the Transportation Act.
Mr. Watson said he has been before this Council many times and he has a
great deal of respect for each of you, and he knows that you have been shown
things that look good and projects look good, but said sometimes things are not
what they appear to be.
He said he would hope when you hear the truth about this Transportation
Investment Act that you would seriously consider whether or not this is the
best thing for this County and the people you are elected to represent. He
then went into some details outlining the various reasons he feels that this
tax should not be approved after which he then highlighted some of the things
that were stated in the commercials; after which he concluded his presentation.
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MR. PAUL OLSON, RE: TSPLOST, PENSION FUND AND BOND RATING AND
INDEBTEDNESS:________________________________
Mr. Paul Olson, who requested to be listed on tonight?s public agenda to
speak to the subject of the TSPLOST, Pension Fund and Bond rating and bond
indebtedness cancelled his scheduled appearance earlier today.
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MR. GEORGE WADE, RE: LACK OF INPUT RELATING TO
EMAILS:_____________________________________________________
Mr. George A. Wade, 3530 Bridgewater Road came forward once again, as he
has on two or three other occasions and stated that he is here not representing
himself, but he is representing the people from across the community.
He said the people are exercising their rights under the First Amendment
of the Constitution of the United States. He said two weeks ago, the Mayor
had the opportunity to put an issue to rest and said now a direct question is
being asked of her by the people. He said the question is who and how was it
determined that the cross at the memorial for Major Adams was not a part of the
memorial.
Mayor Tomlinson said that was determined through some research that was
did through both our Parks & Recreation Department and also through the City
Attorney?s office looking for ordinances or resolutions which allowed the
cross as part of a memorial and said there were none. She said there was no
formal act and there was no evidence that it was part of a war memorial.
Responding further to Mr. Wade, Mayor Tomlinson said some of the antidotal
evidence that we received from former employees of Parks & Recreation was that
it was set up subsequently to the war memorial.
Mr. Wade said the people are going to want to know by name, who were those
employees because they are going to want to address who they spoke to, to which
the Mayor said she did not know those names. Mr. Wade said they will be back at
a later date to address that matter.
Mr. Wade using the overhead projector showed highlighted portions of
several email correspondences between Mayor Teresa Tomlinson and the individual
identified as Mavis Middleton, with regards to the war memorial cross at Lake
Heath Park, with these correspondences starting back on April 1, 2010.
After Mr. Wade?s ten minutes time limit was over, Mayor Tomlinson advised
him that he needed to conclude his presentation as we will have to close this
down.
Mr. Wade said he will be back before this Council, as the Mayor and
Council have a lot of questions to answer.
Councilor Davis said about a week or so ago, he had an opportunity to go
out to a gathering of individuals who were really concerned about this issue.
He said it was last week or the week before that the gentleman here came before
the Council and talked a little about some of the concerns out there and said
at that point, he realized that there are a lot of people that are concerned
about this matter, but he just didn?t know how many were involved. He said he
had an opportunity to see a number of people that were
involved and said it really is a concern.
Councilor Davis expressed further concerns regarding this matter and then
asked Mr. Paul Voorhees to comment on the meeting. Mr. Voorhees said it was a
very positive meeting. He said the cross is not religion, but it?s about a
relationship with Jesus Christ and this is where the people who come against us
say there are religions that respect the cross, but said the cross is about a
relationship. He said in the Bible, Paul tells us that if we call ourselves
Christians and we hate our neighbors; then we are liars. He said he don?t want
you to think he is a liar because he loves you all and he believes that we can
work this out.
Mr. Voorhees said he believes and the reason he is here today is that man
who died, died thinking he died for a Christian Nation; that?s what that
monument is about. He said he does not know of a law and they couldn?t find a
law. He said he would like for the City Attorney to show us the law. He said
there is no law; there are policies. He said he will not divide this City over
this cross and somehow we will come to the end. He said he will stand for that
cross anyway he can and he will stand with Mr. Wade. He said he don?t believe
that cross is illegal otherwise we will need to go to the cemetery at Fort
Benning and take down a lot of crosses.
After Mr. Voorhees concluded his remarks, Councilor Davis said the Mayor
and the City Attorney has been more involved with the details of this matter
than the Council has and said he as well as the rest of the Council members is
still trying to understand exactly what we are dealing with here and how to go
about it.
He said the way it was brought to him was that this was part of a memorial
for a fallen solider out there at the park and what he saw in the
transmissions, if there was a resolution, although he understands that no one
has been able to find it; however, if there is a resolution that somehow
solidifies that this is part of the memorial that?s out at the park and this
Council establishes that or solidifies it through a resolution, would that be
documentation enough to state that is part of the memorial out there.
City Attorney Fay said the answer is no. He said the law in this circuit
is clear, the 11th Circuit has said that you cannot maintain a cross in a
public park; whether it is part of a memorial announced before the fact or
after the fact for the creation of a monument. He said another circuit took
this point head on and this circuit was up in Indiana and they followed the
11th Circuit
Case out of Rayburn County, our circuit case and they said after considering
the different approaches, they believe the 11th Circuit and the Texas? District
Court ?s reasoning presents the most sound application of establishment clause
jurist prudence. He said they said in this case the purpose behind the display
of the Wicker Park crucifix arises from religious stirrings like the 11th
Circuit found in Rayburn County.
He said they were trying to say that this was a war memorial. He said the
court found that the crucifix was a religious symbol; that despite its alleged
purpose of being a memorial to war veterans. He said it did not have a secular
purpose and they said it violated the establishment clause. He said you cannot
take a symbol that expresses a religious intent. He said some of these cases
involved crosses, the Star of David and some of them involved both. He said the
fact that somebody tries to espouse intent to make that a part of a war
memorial does not separate the religious significance and violation of the
establishment clause. So, we have cases that have followed our own 11th Circuit
case where they have looked directly at the question; which asks, is this cross
or is the Star of David a part of a war memorial and they have said no, it is
not, it cannot stand as part of a war memorial.
City Attorney Fay responded to further questions of the Council, as well
as to Mr. Paul Voorhees, and Mr. Joe Coley.
Mayor Tomlinson also responded to questions of Mr. Voorhees and Mr. Coley
with regards to the Supreme Court. She also responded to some of the
comments made by Councilor Davis.
After more then twenty minutes of discussion, Councilor Baker asked Mr.
Wade if he could draft out one paragraph that he would like for the Council to
look at; and define his point.
Councilor Baker said the memorial itself is protected, he said he is
talking about the masonry, stone and flag pole. He said we know that we have
the right to have the Easter Sunrise services, for somebody to have a Sunday
school class, and for churches to meet, of all faiths with their religious
symbol. He said those are protected and that is not an issue here. He said with
a lot of the discussion that?s going on, a lot of people are confused about
what the issues are; and aren?t. He said the freedom to worship with your own
faith in that park is not at risk here, and is protected and the memorial
itself to the soldiers is protected. He said we are trying to resolve this one
issue about the flower bed cross in that one location and said we will try to
work through this as best as we can.
After more than thirty minutes of discussion concluded on this matter,
Councilor Davis asked City Manager Hugley to have someone to go out there and
clean things up around the facility and take care of those matters.
Mayor Tomlinson said we look forward to talking with each of you gentlemen
about possible solutions.
*** *** ***
DR. JAY BAILEY, RE: UNITY IN OUR COMMUNITY:
Dr. Jay Bailey, Pastor of Solid Rock Assembly of God Church, came forward
and read a prepared statement regarding the issue of the war memorial at Lake
Heath Park. He said as Pastor he honors the cross.
He said the cross is essential to Christianity and ultimately it is truly the
most profound expression of Jesus? love and sacrifice. He said for 2000 years,
the cross has stood as a sacred symbol of our faith tradition and one that he
honor and revere. He said it has great meaning to him personally and to
millions of
people who have experienced the love and sacrifice that the cross represents.
He said he doesn?t stand here as an attorney, nor can he speak to the
legalities of the issue; however, he said he wants to speak to the broader
issue that he is concerned about tonight.
Pastor Bailey said he is concerned that with this issue of the cross in
Heath Park that we may be creating a scenario where the symbol of our faith
will cause a schism to our family, the City of Columbus. He said it would be a
pity if the very symbol of our faith which stands as the expressions of Jesus?s
love and sacrifice bewilded as a tool to cause division, hurt, pain, and angry
in the community that we love so much. He said he wholehearted believe that
there are times when we must stand up and fight for what we believe. He said
there are times when we must summon the courage of our convictions regardless
of the cost, but there are also times when we must yield to higher good and to
more noble aspirations. He said there are more noble aspirations as he see
them on tonight as it relates to our community and specifically to this issue;
is that of love, honor, respect and unity in our community that we love.
He then recited a quote from Winston Churchill, saying ?it takes courage
to stand up and to speak out, but it also takes courage to sit down and
listen.? He said as leaders of our community, he would like to thank you for
listening. He said he wants to thank you for having to deal with the stuff that
you have to deal with on a regular basis.
In concluding his comments, Pastor Bailey said whenever he is in doubt or
whenever he needs to look to a principal to guide him in a time of uncertainty,
or when he needs to be informed by something that is greater than his own
mindset, he look to the scriptures. He said in the scriptures there is a story
that is told in Acts Chapter 15 that speaks specifically to the issue that we
are dealing with here tonight. He then went into some details highlighting
this story, which he says it is not the symbols of our faith that are
essential, but the substance of our lives and how it informs the way we live
our life. He said if standing up for our symbol, it creates division and
disunity, he thinks that it violates the very heart of the Christianity that we
love and the cross that we endure. He said 1st Corinthians 13th: says that
?love is patient, love is kind, it does not envy, it does not boast, it?s not
rude, it?s not self-seeking, it?s not easily angered and it keeps no record of
wrong, love does not delight in evil. Love never fails, and now these three
remain, love, faith and hope, but the greatest is love?.
Pastor Bailey said his heart is that we will operate in a spirit of love,
not causing division, but promoting unity that makes for us a better city.
*** *** ***
MR. JORGE VEGA, RE: WORKING TOGETHER FOR COMMON GOALS TO BRING OUR
COMMUNITY TOGETHER:_____________
Mr. Jorge Vega, 1225 35th Street, came forward and said he has been
involved in an organization that has always fostered keeping and embracing
unity and diversity in the community. He said he is not speaking on behalf of
that organization, but said he is here speaking as an individual, and a person
who is concerned about the issue of the war memorial matter in Lake Health
Park.
Mr. Vega said he is bringing you what the law is and said that is what you
have to go by. He said what City Attorney Fay has stated to you that is what
the law says. He said the beauty of this Country is that we get to practice our
religion and what we believe in. He said Congress shall make no law respecting
an establishment of religion. He said that is what the City Attorney has
informed you the law is, and said he is correct.
He said we all have to recognize that the Council is constrained. He said
you are constrained by Supreme Court decisions and decisions of the 11th
Circuit. He said the cross is a Christian symbol. He stated a case also in the
11th Circuit, in Orlando, Florida, which states that the Latin cross is a
universal symbol of Christianity.
Mr. Vega spoke for several minutes regarding this matter and said he is
letting you know as a government body that you have restrictions that you have
to operate under. He said you have open records that you have to
disclose of when you have activities; open meetings requirements that you have
to hold these meetings in public, and must be open unless there are specific
exceptions, where you can have executive sessions, for limited reasons. He said
we all know that these are restrictions and limits on government. He said that
is what this document is, it is a limit on government and part of that limit on
government is that we cannot advance a religion over another and a cross being
a universally unmistakably symbol of Christianity; that symbol just is unable
to stand in a public park.
He said the case that City Attorney Fay referenced, the Rayburn Case it
says that unmistakably. He said it was clear that you cannot have a cross and
as part of that it also recognized that a Latin cross is universally guarded as
a symbol of Christianity, but it also talked about that even though for many
years, the cross had existed, it said just because that occurred, historical
acceptance without (unintelligible) does not provide irrational basis for
ignoring a command of the establishing clause that a State pursue a course of
neutrality toward religion.
In concluding his remarks, Mr. Vega said as far as a public park is
concerned, the law in this Country is very clear. He said elected officials you
have the responsibility to not ignore the law of the land and the rule of law
and that as we see it today, is that a public park cannot be the place for the
construction or maintenance of a religious symbol.
*** *** ***
MR. LEON N. TOMLINSON, RE: PROPERTY (9772 FORTSON ROAD) OF THE COMMUNITY IS
ATTEMPTING TO BE REZONED UNFAIRLY AND
ILLEGALLY:_________________________________
Mr. Leon N. Tomlinson, 9802 Fortson Road said they came before this
Council several weeks ago with regards to a plan by a developer that they did
not like. He said as a result of the meeting that was here before the Council,
it was agreed that some of the Council members would come out and talk with us
about this matter.
He said there are several individuals present with regards to this matter.
He said he would like to say thank you to this Council that you do hear, as
well as respond, and for showing us that you do care, as well as for doing what
you can to provide us with valuable information that we need to make a
processing decision. He said we love our city and said that is why we are.
Mr. Tomlinson then went into some details in explaining the concern and
situation that they have been going through these past few weeks. He said a
developer has come in and using all means that he can acquire; unpleasant and
pleasant to build a small subdivision within their community. He said they had
several Council members to come out and talked with us about our problems.
He said after that meeting they had, the developer did not come back to
this Council, but instead he went to the Planning Division and had them to draw
up another plat. He said he wants to take a 135 feet road frontage required for
each house and drop it down 32 feet and coming from the back of their property
to the gooseneck and going out into the road and inching 32 feet three times
for those houses.
Mr. Tomlinson spent some ten minutes in explaining this matter. He said no
one has talked to them about a notice of appeal for the Board of Zoning
Appeals. He said finding out information is terrible. He said if they had
information, they could work with it, but without t they can?t.
He said the developer has come up with a different plat. He then read
Section 4-103 of the Columbus Code with regards to board appointments by the
Council of Columbus, Georgia. He then read Appendix 2, Code of Ethics, Conflict
of Interest. He also read the mission of the Board of Zoning Appeals as it
appears on the Planning Department?s website.
Mr. Tomlinson said he has read to you what the conflict of interest is and
said that the members are appointed by the Council and Mayor. He then pointed
out who the current members of the board are. He said these people are in a
conflict of interest.
Mr. Jason Allen also made comments with regards to the developer being a
member of the Board of the Zoning Appeals and that he currently serves as
Chairperson of that Board.
Mayor Tomlinson then asked Director of the Department of the Planning
Division to come forward and explain to this Council what is going on.
Mr. Rick Jones, Director of the Department of Planning said the Board of
Zoning Appeals is the responsibility of the Inspections & Code Enforcement
Department. He said Mr. Wade has a legal right to make an appeal, in this case
to ask for a special exception variance to the ordinance under this process;
that is what the Board of Zoning Appeals is designed to do.
He then went into some details in outlining for the Council what the
request is that Mr. Wade is asking of the Board of Zoning Appeals, as well as
pointed out that this request does not come to this Council.
Mr. Jones then responded to questions of Mayor Tomlinson.
City Attorney Fay then responded to questions of the Mayor with respect to
conflict of interest. He said they have the right to appear before a particular
board, but not participate in the deliberations, discussion or vote.
Mr. Leon N. Tomlinson and Mr. Jason Allen, who was also present with Mr.
Tomlinson, expressed further concerns regarding this matter.
Several members of the Council expressed their views regarding this
matter, after which Director of the Department of Planning then responded to
further questions of members of the Council with regards to the process of this
variance request and why is it going to the Board of Zoning Appeals and not
this Council.
After more than forty-five minutes of discussion regarding this matter,
and all comments have been concluded, Mayor Tomlinson said we need to make sure
that we get with the staff to determine if a notice has been sent out pursuant
to our ordinance for the hearing that is scheduled for August 1st and, if so,
was it sent out timely; as well as to the residents in the area; and does it
have to be published in the newspaper.
---------------------------------------*** ***
***--------------------------------
CITY MANAGER?S AGENDA:
THE FOLLOWING RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY MANAGER
HUGLEY AND ADOPTED BY THE
COUNCIL:____
____
A Resolution (207-12) ? Authorizing the approval to enter into an
agreement for Indigent Defense Services with the Circuit Public Defender Office
of the Chattahoochee Judicial Circuit in the amount of $1,324,670 from July
2012 to June 2013 and authorize payment to Georgia Public Defender Standards
Council (GPDSC) for $828,291 and for $41,415, 5% administrative fee (GPDSC
payment is included in the total amount of $1,324,670). Mayor Pro Tem Turner
Pugh moved the adoption of the resolution. Seconded by Councilor Huff and
carried unanimously by those nine members of Council present at the time, with
Councilor Davis being absent for this vote.
A Resolution (208-12) ? Authorizing the approval to accept $5,965 from the
Criminal Justice Coordinating Council for the operation of Juvenile Drug Court
Programs. Mayor Pro Tem Turner Pugh moved the adoption of the resolution.
Seconded by Councilor Allen and carried unanimously by those nine members of
Council present at the time, with Councilor Davis being absent for this vote.
A Resolution (209-12) ? Authorizing the submission of an application and
if approved, accept $6,936 from the Criminal Justice Coordinating Council for
the operation of the Muscogee County Adult Felony Drug Court, from July 1, 2012
to September 30, 2012. Mayor Pro Tem Turner Pugh moved the adoption of the
resolution. Seconded by Councilor Allen and carried unanimously by those nine
members of Council present at the time, with Councilor Davis being absent for
this vote.
*** *** ***
THE FOLLOWING RESOLUTION WAS ALSO SUBMITTED AND EXPLAINED BY CITY MANAGER
HUGLEY AND ADOPTED BY THE COUNCIL AFTER SEVERAL MINUTES OF
DISCUSSION:_____________
A Resolution (210-12) ? Authorizing the approval to execute a land swap to
acquire property that will be used to promote redevelopment of the Liberty
District as follows: The property consists of .55 acres of property owned by
the City located along 7th Avenue for property owned by Holsey Chapel CME
Church located at 821 ? 8th Street. The property gained by the City will be
.46 acres at a cost of $31,000 plus .55 acres of City owned property. The
property appraisals support the exchange.
Councilor Thomas said she has been asked questions by some citizens
regarding this matter. She said she wants to make sure that she understands
this and for the record that this is clear and then asked City Manager Hugley
to explain this matter further.
City Manager Hugley said Holsey Chapel has .46 acres of property that is
valued at $62,000, which fronts 8th Street and the City?s property is .55 acres
and is off on the side street off of 7th Street and is behind Holsey Chapel
adjacent to their current and existing parking lot. He said our property values
$30,800 plus, which has been rounded to $31,000. He said the land swap
exchange; because we did get the property appraised, said they would get our
.55 acres, valued at $31,000 and we would get their .46 acres valued at
$62,000. He said there is a $31,000 difference in value.
Councilor Thomas said there was an article in the newspaper this morning
which said that we were going to grade that property, but said according to DCM
Arrington, the property had some grass and weeds on it, and what we did was
cleared it, using some prison labor to do that; therefore, it wasn?t an expense
of any great amount to us.
City Manager Hugley said that is correct. He said the property is pretty
much flat and it?s just overgrown, so we would go in and bush hog the .55
acres; and said it?s no major work for us.
After the brief discussion on this matter, Councilor Thomas said those
were the only questions that were asked of her and said this clears it up for
her, and she would hope that it clears it up for others; therefore we can now
vote on the matter. Mayor Pro Tem Turner Pugh moved the adoption of the
resolution. Seconded by Councilor Allen and carried unanimously by those nine
members of Council present at the time, with Councilor Davis being absent for
the vote.
*** *** ***
THE FOLLOWING EIGHT 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 COUNCILOR MCDANIEL AND SECONDED BY
COUNCILOR HUFF, WHICH CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL
PRESENT AT THE TIME, WITH COUNCILOR DAVIS BEING ABSENT FOR THIS VOTE:
________________________________________________________
A Resolution (211-12) ? Authorizing the approval to make payment to the
Georgia Municipal Association (GMA) in the amount of $33,624.06 for 2012 - 2013
membership dues for the City of Columbus, Georgia. GMA is a voluntary,
non-profit organization that provides legislative advocacy, education, employee
benefit and technical consulting services to its members.
A Resolution (212-12) ? Authorizing the approval to make payment to
EnerGov Solutions (Duluth, Georgia) in the amount of $53,524.00 for annual
software license maintenance for the Permitting System utilized by Inspections
and Code and the Business License System utilized by the Finance Department?s
Revenue Division. This maintenance payment will cover ongoing support for both
systems from July 1, 2012 through June 30, 2013. Payments will be made in four
increments: the first payment ($13,381.00) for July through September, then
the second payment for October through December, third payment for January
through March 2013 and the final payment for April through June 2013.
A Resolution (213-12) ? Authorizing the execution of Change Order 5 with
McMath-Turner Construction Company in the amount of $2,850.00.
Per Resolution No. 145-11, Council authorized the execution of a contract with
McMath-Turner Construction Company for the asphalt removal, seeding and
landscaping project. Change Order No. 5 covers additional permanent grassing
procedures to include mowing, bagging and removing temporary grass. The new
road being built behind the Library, Natatorium and City Services Center
created delays in the permanent grassing schedule.
A Resolution (214-12) ? Authorizing the approval to purchase twenty-one
(21) MW810 mobile data computers from Motorola, Inc., in the amount of
$235,347.00 ($11,207.00 each), via a cooperative purchase utilizing State of
Georgia (Georgia Technology Authority) Contract # 980-2800008.
The new mobile data units will be installed into twenty-one (21) pursuit
vehicles recently approved for purchase.
A Resolution (215-12) ? Authorizing the approval of payment to Tyler
Technologies, Inc., (Dallas, TX) in the amount of $29,730.00 for the annual
software support and license renewal for Eagle Imaging Software. This payment
will cover the period from August 1, 2012 through July 31, 2013.
The Clerk of Superior Court utilizes the software for imaging and indexing land
records. O.C.G.A Title 15 requires the Clerk of Superior Court to file,
record, and index, maintain, and secure all real estate transactions for
Muscogee County, Georgia. The Georgia Code also requires the Clerk to transmit
such data to the Georgia Superior Court Clerks Cooperative Authority on a
timely basis in such form and with such data elements as is required by such
Authority. Per Resolution #104-11, Council approved the initial purchase of the
software from Tyler Technologies.
A Resolution (216-12) ? Authorizing the approval to purchase patient care
software from ImageTrend, Inc., (Lakeville, MN) in the amount of $55,500.00,
plus $12,500.00 for annual software support, via a cooperative purchase,
utilizing the State of Georgia (Georgia Department of Public Health) Contract
#40500-007-12120498.
Beginning January 1, 2011 all licensed ambulance services were required to
submit their patient care reports, electronically, into the Georgia Emergency
Medical Services Information System (GEMSIS), the patient care reporting
database for the Georgia State Office of EMS/Trauma. The State then submits
reports to NEMSIS (National EMS Information Systems). The Fire & EMS
department was using Firehouse EMS Mobile software to report the data to the
State. However, there were numerous issues with exporting the data to the
State?s site. Therefore, to meet the requirement, the Fire and EMS Department
has utilized light duty personnel to manually enter reports into the State?s
database, from the hand written reports generated by field personnel.
Approximately sixty (60) paper patient care reports are generated each day.
Currently, the department is down to one person entering the data;
consequently, it is difficult to keep up with the paperwork.
The purchase of this software will allow field reports to be entered
electronically and posted to the State?s database within 24 hours. The
department will also be able to electronically send the billing information to
the Revenue Division. Currently, personnel in the Revenue Division must also
enter the information manually into the billing system, from the hand written
patient care reports.
The State Office uses ImageTrend software for their reporting. Using the same
software will eliminate the problems previously experienced with data export.
Not only will the Fire & EMS Department have the support from the software
vendor, they will also have the support and the knowledge gained by the State
Office from using the software.
A Resolution (217-12) ? Authorizing the approval to make payment to
Motorola (Schaumburg, IL), in the amount of $36,126.00, for Mobile Data
Terminal (MDT) hardware maintenance. This payment is for maintenance from
February 1, 2012 through June 30, 2012. The maintenance provides hardware
support and repair for MW800 on a 24/7/365 schedule. The MDTs are installed in
patrol, fire and service vehicles. The units are deployed throughout CCG in
the Police Department, Sheriff?s Office, Fire Department & Emergency Medical
Services, Marshal?s Office and Inspections & Codes.
All of the equipment is manufactured by Motorola and is proprietary in nature.
Therefore, the vendor is the Only Known Source, per Section 3-114 of the
Procurement Ordinance.
A Resolution (218-12) ? Authorizing the acceptance of a donation, in the
amount of $61,836.00, from Aflac toward the purchase of a new scoreboard for
Memorial Stadium; and expressing sincere appreciation to Aflac for the
donation. It is also requested that Council approve the purchase of the
scoreboard from Electro-Mech Scoreboard Company in the amount of $71,986.00,
plus the cost of installation. The amount exceeding the donation, $10,150.00,
plus the installation cost, will be paid out of the Parks and Recreation budget
for this project, in an amount not to exceed a total of $40,000.00.
Per an email dated July 17, 2012 to Parks and Recreation Director, James
Worsley, Aflac confirmed their desire to donate $61,836.00 toward the purchase
of a new scoreboard for Memorial Stadium. The scoreboard will display Aflac?s
logo. The scoreboard will be purchased from Electro-Mech Scoreboard Company to
remain consistent with scoreboards utilized throughout the Parks and Recreation
Department. Additionally, Facility Maintenance personnel are familiar with
maintaining and repairing the Eletro-Mech scoreboards.
The order must be placed with the company, as soon as possible, due to games
scheduled at Memorial Stadium in late August.
*** *** ***
REQUEST OF COUNCILOR HENDERSON:
Councilor Henderson who was away from the Council table at the time the
votes on Item Numbers One, Three & Four above were taken, asked that Clerk of
Council Washington add his yes vote on those items.
*** *** ***
EMERGENCY PURCHASES:
City Manager Hugley said he provided the Council with information on two
emergency purchases that he did send you some emails out on, but sad he is not
asking for a vote on these items.
---------------------------------*** ***
***--------------------------------------
CLERK OF COUNCIL?S AGENDA:
THE FOLLOWING ITEMS WERE SUBMITTED BY CLERK OF
COUNCIL WASHINGTON AS INFORMATION FOR THE MAYOR AND COUNCIL:
_____________________________________________
(1) Memorandum from Clerk of Council Washington, Re: Board of Water
Commissioners.
(2) Application of Pauline Brown to temporarily close Playa Delray Drive
between Meadowlark Drive and Califon Drive on Tuesday, August 7, 2012 from 4:00
p.m. ? 8:00 p.m., in connection with ?National Night Out?.
(3) Application of Joanne Cogle to temporarily close the outer east bound lane
of Lumpkin Boulevard to Victory Drive; outer south bound lane of Victory Drive
to S. Lumpkin; outer south bound lane of S. Lumpkin to Water Works Road,
Riverwalk to Bay Avenue, Bay Avenue north to 12th Street, 12th Street to Front
Avenue; south bound lanes of Front Avenue from 14th Street to 5th Street, 5th
Street to Broad, Broad to 4th Street and north bound Broad to 10th Street on
Saturday, August 11, 2012 from 7:00 a.m. ? 3:00 p.m., in connection with
?Olympic Triathlon?.
(4) Application of Elizabeth Hurst to temporarily close the 1100 block of
Broadway on Saturday, August 11, 2012 from 8:00 a.m. ? 10:00 a.m., in
connection with ?Fireman 5K Benefiting MDA?.
(5) Copy of Mayor Tomlinson?s Travel Form for the Georgia Municipal Association
Annual Meeting, in Savannah, Georgia.
(6) Biographical Sketch form of Mr. Lawton Grantham, Councilor Allen?s nominee
to replace Mr. Steve Davis on the Board of Tax Assessors.
(7) Biographical Sketch form of Ms. Gail Kent, Councilor Davis? nominee to
replace Mr. Steve Davis on the Board of Tax Assessors.
(8) Biographical Sketch form of Mr. Robert S. Benson, a potential nominee to
replace Mr. Steve Bellafatto on the Cooperative Extension Advisory Board.
*** *** ***
MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL
WASHINGTON AND OFFICIALLY RECEIVED BY THE
COUNCIL:_________________________________
Board of Tax Assessors, # 25-12.
Columbus Golf Authority, June 26, 2012.
Public Safety Advisory Commission, February 16, 2012.
Uptown Facade Board, June 18, 2012.
Uptown Facade Board, July 2, 2012.
Councilor McDaniel made a motion that these minutes be received. Seconded
by Councilor Allen and carried unanimously by those nine members of Council
present at the time, with Councilor Davis being absent for this vote.
*** *** ***
THE FOLLOWING NEW ZONING PETITION, RECOMMENDED FOR CONDITIONAL APPROVAL BY
BOTH THE PLANNING ADVISORY COMMISSION AND THE PLANNING DEPARTMENT WAS SUBMITTED
AND EXPLAINED BY CLERK OF COUNCIL WASHINGTON AND AN ORDINANCE AND PUBLIC
HEARING WAS CALLED FOR BY COUNCILOR MCDANIEL:_______________
Petition submitted by Mark H. Holloway / Medical Realty Group, LLC. to
rezone 0.5655 acre of property located at 4001 Willis Road from SFR2 (Single
Family Residential 2) to RO (Residential Office) district.
(8-CA-12-Holloway / Medical Realty Group, LLC.)
*** *** ***
BOARD APPOINTMENTS:
BOARD OF TAX ASSESSORS:
Clerk of Council Washington pointed out that Mr. Steve Davis has resigned
his seat on the Board of Tax Assessors and said that there are two nominees for
this position. She said the nominees are Mr. Lawton Grantham and Ms. Gail
Kent. She then took a roll call vote, which resulted in an inconclusive vote
of 5 to 4. Voting for Mr. Grantham were Councilors Allen, Baker, Henderson,
McDaniel and Thomas. Voting for Ms. Kent were Councilors Barnes, Huff, Mayor
Pro Tem Turner Pugh and Councilor Woodson. Councilor Davis was absent for this
vote.
Clerk of Council Washington said she would bring this back at the next
regular meeting.
*** *** ***
COOPERATIVE EXTENSION ADVISORY:
Clerk of Council Washington pointed out that Mr. Steve Bellafatto?s seat
has been declared vacant and that a few weeks ago, Councilor Woodson nominated
Mr. Guy Sims; but since that time he has withdrawn his nomination. She then
stated that Mr. Robert S. Benson is interested in this board if someone would
like to nominate him for this position. Councilor Henderson then nominated Mr.
Benson.
RECORDER?S COURT JUDGE:
Clerk of Council Washington pointed out that former Councilor Julius
Hunter has been nominated to fill the unexpired term of Judge Pro Tem Cynthia
Masaino who has resigned her position as Judge Pro Tem of Recorders Court and
said that he may now be confirmed.
Councilor Huff moved confirmation. Seconded by Councilor Woodson and carried
unanimously by those nine members of Council present at the time, with
Councilor Davis being absent for this vote.
*** *** ***
TREE BOARD:
Clerk of Council Washington pointed out that the term of Mr. James R. Head
will expire at the end of July and that he is not eligible to succeed himself
and the Council will need to nominate someone to fill this expired term.
*** *** ***
YOUTH ADVISORY COUNCIL:
Clerk of Council Washington pointed out that the Council may begin making
nomination for their representative to serve on the Youth Advisory Council for
the next school year, 2012 ? 2013.
Councilor Huff said it was sent to them in an email that the students from
last year would be back on this year. He said they applied, but he thought that
they had received something saying that some had been approved, but we had
other nominations to make.
Deputy City Manager Lisa Goodwin then came forward and said just because
those were approved last year does not mean automatically they are approved
this year. She said what they have done with the process is that they have
selected 64 already of the 100 plus applications that they received, and the
list they provided to the Council of the additional students that didn?t make
the cut; those are still available and open for appointments.
Councilor Huff said what he was confused about is that you gave him a real
good nominee and he was confused on that nominee as to whether he needed that
one person and another person as well.
Deputy City Manager Goodwin then pointed out that you only need to appoint
one person. She said the list that they gave to the Council was only
suggestions for you, but you can appoint whomever you like.
Clerk of Council Washington pointed out that Councilor Henderson is
nominating Miss Courtney Finch as his representative. Councilor Henderson then
made a motion that she be confirmed. Seconded by Councilor Woodson and carried
unanimously by those nine members of Council present at the time, with
Councilor Davis being absent for this vote.
*** *** ***
COLUMBUS GOLF COURSE AUTHORITY:
Councilor Baker asked Clerk of Council Washington if she has been notified
by the Columbus Golf Course Authority, and are they accepting nominations for
an open position. Clerk of Council Washington said she has not received any
letter of resignation as of today. Councilor Baker then asked, does that mean
we should hold any nominations, to which Clerk of Council Washington said yes,
until we receive a letter of resignation.
*** *** ***
EXECUTIVE SESSION:
Regarding an earlier request of City Attorney Fay for the Council to go
into an executive session to discuss real estate issues and a matter of
litigation, Councilor Henderson made a motion to allow the Council to go into
an executive session. Seconded by Councilor Woodson and carried unanimously by
those nine members of Council present at the time, with Councilors Allen and
Davis being absent for this vote.
*** *** ***
At 8:23 p.m. the Council adjourned its regular session to allow the
Council to go into an executive session.
At 9:10 p.m. the meeting was called back to order at which time Mayor
Tomlinson pointed out that the Council met in an executive session and
discussed real estate issues and a litigation matter, but there were no votes
taken.
*** *** ***
With there being no other business to come before the Council, Mayor
Tomlinson then entertained a motion for adjournment. Councilor Woodson so
moved. Seconded by Councilor Allen and carried unanimously by those nine
members of Council present at the time, with Councilor Davis being absent for
this vote, and the time of adjournment being 9:12 p.m.
Tiny B. Washington, CMC
Clerk of Council
Council of Columbus, Georgia
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