MINUTES
COUNCIL OF COLUMBUS, GEORGIA
REGULAR SESSION
JUNE 15, 2010
The regular meeting of the Council of Columbus, Georgia was called to order
at 9:00 A.M., Tuesday, June 15, 2010, on the Plaza Level of the Government
Center, Columbus, Georgia. Honorable Evelyn Turner Pugh, Mayor Pro Tem,
presiding.
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PRESENT: Present other than Mayor Pro Tem Evelyn Turner Pugh were Councilors R.
Gary Allen, Wayne Anthony, Mike Baker, Jerry ?Pops? Barnes, Glenn Davis, 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: No one was absent.
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INVOCATION: Led by Dr. Marvin Jones, Senior Pastor and Teacher of St. Peter
Community Church.
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PLEDGE: Led by students from the Puddle Jumpers Pre K-4 students.
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Mayor Pro Tem Turner Pugh pointed out that Mayor Wetherington is on
vacation this week.
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MAYOR?S AGENDA:
WITH JONATHAN KLOTZ AND OTHER MEMBERS OF THE COLUMBUS HIGH SCHOOL GOLF
TEAM STANDING AT THE COUNCIL TABLE, THE FOLLOWING RESOLUTION WAS READ IN ITS
ENTIRETY BY COUNCILOR BAKER AND ADOPTED BY THE
COUNCIL:______________________________________________
A Resolution (200-10) ? Commending Jonathan Klotz and the Blue Devils Golf
Team of Columbus High School upon winning the GHSA AAA Golf Championship played
at Maple Ridge Golf Club in Columbus, Georgia. Councilor Baker moved the
adoption of the resolution. Seconded by Councilor Allen and carried unanimously
by those eight members of Council present at the time, with Councilors Davis
and Henderson being absent for this vote.
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WITH MEMBERS OF THE BROOKSTONE HIGH SCHOOL GOLF TEAM STANDING AT THE
COUNCIL TABLE, THE FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY COUNCILOR
BAKER AND ADOPTED BY THE COUNCIL:_____
A Resolution (201-10) ? Commending the Brookstone High School Golf Team of
Columbus High School upon winning the GHSA AAA Stake-Off Tournament
Championship played at Green Island Country Club in Columbus, Georgia.
Councilor Allen moved the adoption of the resolution. Seconded by Councilor
Barnes and carried unanimously by those nine members of Council present at the
time, with Councilor Henderson being absent for this vote.
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WITH CLERK OF COUNCIL TINY B. WASHINGTON AND MEMBERS OF HER STAFF STANDING
AT THE COUNCIL TABLE, THE FOLLOWING RESOLUTION WAS READ IN ITS ENTIRETY BY
COUNCILOR HUNTER AND ADOPTED BY THE
COUNCIL:___________________________________________________
A Resolution (202-10) ? Commending Tiny Washington, Clerk of Council, for
being elected to the Board of Directors of the International Institute of
Municipal Clerks on May 27, 2010. Councilor Hunter moved the adoption of the
resolution. Seconded by Councilor McDaniel and carried unanimously by those
nine members of Council present at the time, with Councilor Henderson being
absent for this vote.
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CITY ATTORNEY'S AGENDA:
THE FOLLOWING TWO ORDINANCES WERE SUBMITTED AND EXPLAINED BY CITY ATTORNEY
FAY AND ADOTPED BY THE COUNCIL ON SECOND READING:________________________
An Ordinance (10-22) ? Rezoning property located at 1150, 1126, 942, 934,
926, 904, 850, 800, 640, 865, 705 and 685 Morris Road from an LMI (Light
Manufacturing Industrial) zoning district to SFR4 (Single Family Residential
4)/ NC (Neighborhood Commercial) zoning district. (12-A-10-Douglass) The
proposed use is for single-family homes and neighborhood commercial uses.
An Ordinance (10-23) ? Rezoning property located at 925 Morris Road from
an LMI (Light Manufacturing Industrial) zoning district to RMF1 (Residential
Multi Family 1). (3-CA-10-Martin) The proposed use is for single-family
residential.
Councilor Baker said he would like to remind the City Attorney and Clerk
of Council that when these two properties came before the Council on first
reading, he requested that he be allowed to abstain from voting on these two
properties and the Council granted him that permission to abstain and said he
will be abstaining on these two ordinances on today.
Councilor Allen then made a motion to adopt these two ordinances. Seconded
by Councilor Barnes and carried unanimously by those eight members of Council,
with Councilor Henderson being absent for this vote and Councilor Baker
abstaining from this vote.
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THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY
AND ADOTPED BY THE COUNCIL ON SECOND READING:_____________________________
An Ordinance (10-24) ? Providing for the establishment of taxing
districts, including a county-wide general services district and three (3)
urban services districts and three (3) Business Improvement districts (BID);
providing for the levy, assessment, and collection of taxes for Columbus,
Georgia within such districts for the calendar year 2010 as provided under the
Charter of the Consolidated Government of Columbus, Georgia; providing
penalties for violations of the provisions of said ordinance; and for other
purposes.
Councilor McDaniel moved the adoption of the ordinance. Seconded by
Councilor Allen and carried unanimously by those nine members of Council
present at the time, with Councilor Henderson being absent for this vote.
City Attorney Fay said this millage rate ordinance compiles with the
9-mill cap that is included in Section 7 of the Columbus Charter; and the
9-mill cap is different from the State law provision that mandates a rollback
in the first year after you pass a local option sales tax. He said taxpayers in
this calendar year would receive the benefits of the State law rollback in
their tax bill; and they will see a reduction for the county, city operations;
however that is different from the 9-milll cap that is included in our
Charter.
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THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY
AND DELAYED BY THE COUNCIL ON SECOND READING AT THE REQUEST OF CITY ATTORNEY
FAY:_____________________________________________
An Ordinance ? Providing for the levy, assessment, and collection of
taxes for the public school system of Columbus, Georgia; and for other
purposes.
City Attorney Fay said he would request that we delay the vote on this
ordinance until our first meeting in July. He said the School Board is not
going to take action on their millage rate until June 21, 2010. He said we
would take this matter up for a final vote in our meeting in July.
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THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY,
AMENDED AND ADOPTED BY THE COUNCIL ON SECOND READING:_________
An Ordinance (10-25) ? Amending vehicular traffic in Columbus, Georgia by
increasing fines for parking violations and repealing conflicting Ordinances;
and for other purposes.
City Attorney Fay said he believes that Councilor Woodson has an amendment
to add to the ordinance prior to it being approved. Councilor Woodson said we
need to make an amendment in the first paragraph where it says ?said fines
shall apply to all parking violations contained in this Chapter.? She said the
reason for this amendment is the way the ordinance read, it was only what we
had discussed last week during the first reading; however, it needs to apply
for all parking violations.
City Attorney Fay said that is correct, as we had just discussed the
parking spaces and the time expiration, and the fines for those things.
He said this amendment, if it is approved will make the fines included in this
paragraph applicable to all parking violations that are supervised by METRA.
Councilor Woodson then made a motion to amend the ordinance as stated
above. Seconded by Councilor Allen and carried unanimously by those nine
members of Council present at the time, with Councilor Henderson being absent
for this vote.
Councilor Woodson then moved the adoption of the ordinance, as amended.
Seconded by Councilor Anthony and carried by a vote of 8 to 1, with Councilor
Davis voting no and all other eight members of Council present voting yes, with
Councilor Henderson being absent for the vote.
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THE FOLLOWING FOUR ORDINANCES WERE SUBMITTED AND EXPLAINED BY CITY
ATTORNEY FAY AND ADOPTED BY THE COUNCIL ON SECOND READING PURSUANT TO THE
ADOPTION OF A SINGLE MOTION MADE BY COUNCILOR MCDANIEL AND SECONDED BY
COUNCILOR ANTHONY AND CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL
PRESENT AT THE TIME, WITH COUNCILOR HENDERSON BEING ABSENT FOR THIS
VOTE:________________
An Ordinance (10-26) ? Providing for contributions to the Columbus,
Georgia General Government Employees? Pension Plan for the fiscal year
beginning July 1, 2010.
An Ordinance (10-27) ? Providing for the supplemental contributions to the
Columbus, Georgia Pension Plan for employees of the Department of Public Safety
for the fiscal year beginning July 1, 2010.
An Ordinance (10-28) ? Providing for Government funding of a Death Benefit
Escrow for the fiscal year beginning July 1, 2010.
An Ordinance (10-29) ? Providing for Government funding of a Major
Disability Income Plan for the fiscal year beginning July 1, 2010.
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THE FOLLOWING ORDINANCE WAS ALSO SUBMITTED AND EXPLAINED BY CITY ATTORNEY
FAY AND ADOPTED BY THE COUNCIL ON SECOND READING:_____________________________
An Ordinance (10-30) ? Amending Article VII of Chapter 13 of the
Columbus Code Solid Waste Collection and Disposal by changing the
guidelines for an offset to the residential rate for low-income households.
Councilor Allen moved the adoption of the ordinance. Seconded by Councilor
Anthony and carried unanimously by those nine members of Council present for
this meeting, with Councilor Henderson being absent for the vote.
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THE FOLLOWING TWO ZONING ORDINANCES WERE SUBMITTED AND EXPLAINED BY CITY
ATTORNEY FAY AND A PUBLIC HEARING WAS HELD ON EACH AS ADVERTISED:_____
An Ordinance ? Rezoning property located at 1242 6th Avenue from LMI
(Light Manufacturing/Industrial) zoning district to UPT (Uptown) zoning
district. (17-A-10-Mize) The proposed use is for office, business and
professional.
PROPONENTS & OPPONENTS:
Mr. George Mize representing the petitioner was present, but did not make a
presentation, as there was no one present to oppose this proposed rezoning
ordinance.
City Attorney Fay advised that this ordinance would be voted on at the
next Council meeting.
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An Ordinance ? Rezoning property located at 1410, 1426, 1506, 1507, 1509,
1511, 1513, 1515, 1519 & 1523 6th Avenue; 520 Linwood Boulevard; 5011 4th
Street; and 1428 5th Avenue from LMI (Light Manufacturing/ Industrial) zoning
district to UPT (Uptown) zoning district. (18-CA-10-Smallman) The proposed use
is for a residential and business office.
PROPONENTS:
Mr. Ernie Smallman, 2927 Madden Drive, representing the petitioner said
they are looking to rezone the old Swift Mill from light manufacturing to
Uptown, which will be a multi-use project of approximately $25 million. He said
the first phase of the project would be 35 loft apartments and 24,000 square
feet of office space.
Councilor McDaniel said this would be a real nice project for that area,
as they take the old Swift Mill, which is becoming an eyesore and make a real
good project out of it.
Mr. Smallman said this would be the developer?s third project, as he has
done one in Greensboro, North Carolina, and one in Spartanburg and this will be
a similar type project here in Columbus.
In response to Councilor Allen, Mr. Smallman said that they have put this
property on the Historic Register and said they will have to deal with the
State and the Park Service as far as the governance of the outside, and the
inside, as to what they can do to the inside and exterior of the building.
City Attorney Fay then asked Director of the Department of Planning,
whether or not we need any condition in the ordinance, as he didn?t see one
included. He asked if there need to be something with respect to the site
plan. Mr. Rick Jones said they would like to add a condition that they tie the
site concept back to the ordinance so that we will all know what we are dealing
with.
City Attorney Fay then asked the Council to make a motion to state that
the property be developed to the characteristic of the site plan, as presented
in exhibit ?A?. Councilor Allen so moved. Seconded by Councilor Woodson and
carried unanimously by those nine members of Council present at the time, with
Councilor Henderson being absent for this vote.
OPPONENTS:
Mr. Mark Toth, representing Norfolk Southern Railroad and Mr. Fred
Thompson came forward and expressed their concerns and opposition to this
proposed rezoning ordinance. They expressed concerns with respect to the noise
that would be coming from the trains in which their company delivers freight
into this city, 24-hours a day, 365-days a year.
Mr. Smallman and members of the Council responded to those concerns and
questions expressed by Mr. Toth and Mr. Thompson.
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THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY
AND INTRODUCED ON FIRST READING AND DELAYED BY THE COUNCIL AFTER MUCH
DISCUSSION:_________________________________________
An Ordinance ? Amendments to the Unified Development Ordinance to clarify
language as it relates to billboards and multiple message signs.
(14-A-10-Planning Department
Mr. Rick Jones, Chief of the Planning Department came forward and
highlighted the following information with respect to the UDO Revisions to
Billboards, Sections 4.4.13 & 4.4.14 Original Sign Ordinance. He said they
formed a Sign Committee in 1997 to create a city sign ordinance and
the Committee consisted of sign professionals, citizens, and city staff, as
well as the Sign Ordinance being adopted by Council in 1998.
He said the sign ordinance was incorporated into the UDO in 2005; and over
time, loopholes and inconsistencies have been identified and rectified.
The current issues within the billboard & multiple message sign sections have
required elevated scrutiny
Mr. Jones said they looked at these multiple message signs and had some
discussion with respect to the location of these signs; and other concerns,
after which they later discovered that they were really having some issues with
this. He said the issue primarily was; in terms of distance separation and
being on the same side of the road or right across the road from one another,
and the potential for having additional clutter of signage throughout the
community itself.
He said back in December 2009, the Council passed a billboard moratorium
at their request to allow us to go back and look at this situation and to bring
you back some additional information. He said the Billboard Committee formed in
January 2010 to review billboard/multiple message boards; and the Committee
consisted of billboard professionals, citizens, and city staff. He said we came
back to you again and advised that we need some more time because there were
some additional things that we needed to address and you extended the
moratorium again in March 2010 for 120 days; which will runs out at the end of
July of this year.
Mr. Jones said there are six proposed revisions to the aforementioned
sections; with the most important of which is clarifying language regarding
sign separation requirements on the same side of the street. He said some new
subsections have also been added related to sign facing; distance from
residential structures; and distance requirements at intersections.
He then went in to some details in outlining the following sections, as
highlighted that will be added to the existing sections of the ordinance.
Revision 1 ? Section 4.13.G.1. Spacing of Signs
Current Language
?1. Minimum Separation Required. No part of any permitted, outdoor
advertising structures may be erected within 1,250 feet on the same side of the
street with any other billboard sign.?
Proposed Added Language
?No other billboard sign shall be erected within 1,250 feet as measured by an
arc from a permitted billboard sign on the same side of the street. Said
minimum separation for billboard signs are indicated in Figure 4.4.1.?
Figure 4.1.1
Revision 2 ? Section 4.4.13.G. Spacing of Signs, add new Subsection 3
?3. Intersections. Measuring from the center point of an intersection, no
outdoor advertising structure shall be located within a 650 feet radius of said
center point. Said minimum separation for billboard signs at intersections are
indicated in Figure 4.4.2.?
Figure 4.4.2
Revision 3 ? Revised Section 4.4.13.H
Current Section 4.4.13.H will become 4.4.13.I. Structure Specifications
Current Section 4.4.13.I will become 4.4.13.J. Height Requirements
New Section 4.4.13.H:
H. Sign Facing Orientation. Any permitted, outdoor advertising structure
facing shall face perpendicular to the street to which it has been permitted.
Said sign facing orientation for billboard signs is indicated in Figure
4.4.3.
Figure 4.4.3
Revisions 4 & 5
Revision 4 and 5 were listed in the slide for Revision 3, and are repeated here:
Current Section 4.4.13.H. Structure Specifications will become 4.4.13.I.
Structure Specifications
Current Section 4.4.13.I. Height Requirements will become 4.4.13.J. Height
Requirements
Revision 6 ? Revised Section 4.4.14.C. Minimum Separation
Part 1
Current Language:
?C. Minimum Separation. No such sign shall be placed within 5,000 feet of
another multiple message sign on the same side of the highway.?
Proposed Language divides the section into 2 subsections under 4.4.14.C.
Subsection 1:
1. No part of any permitted multiple message sign shall be erected within
5,000 feet as measured by an arc from another multiple message sign on the same
side of the street. Said minimum separation for multiple message signs are
indicated in Figure 4.4.4.
Figure 4.4.4
Revision 6 ? Revised Section 4.4.14.C. Minimum Separation
Part 2
A new Subsection 2 will address distance requirements regarding multiple
message boards and residentially zoned areas
Proposed Language for Section 4.4.14.C.
Subsection 2:
2. No digital multiple message sign shall be placed within 1,000 feet of a
residentially zoned area. Said minimum separation for digital multiple message
signs from residentially zoned areas are indicated in Figure 4.4.5.
Figure 4.4.5
After the conclusion of this presentation, Mr. Jones said they think this
will help us in the long run in terms of tightening up some of the requirements
for these billboards.
Mr. Jones and City Manager Hugley then responded to questions of members
of the Council.
Councilor Barnes said he would like to meet with Mr. Jones and his staff
so that he could fully understand this a little better.
Councilor Allen said he doesn?t have any concerns with any of the other
Unified Development Ordinance changes, but he thought it would be helpful if we
delayed this ordinance and have a Work Session on these changes and talk
through it.
Mr. Jones said he doesn?t have any problem with that, as we still have a
little more time because the present moratorium will run out on July 23, 2010,
but we wanted to make sure we keep with the spirit of what you asked us to do
on this.
City Manager Hugley said he doesn?t have a problem with delaying it for
further discussion. He said he do know that we have meet with the committee and
have gone through it and parties from all sides have been involved in it;
however, further discussions with the Council would be in order before
proceeding further with it.
City Attorney Fay said he thinks that we need to list it on second reading
for the Agenda for the July 23rd Council meeting if there is discussion that
you want to have before then.
City Manager Hugley said we could list it as second reading, if the
Council desires and then we could have a pre-council briefing to have some
discussion and if you are comfortable at that time; then you could vote or we
could just delay it altogether; whatever, your preference is.
Councilor Baker said this is a scheduled first reading and said if there
is someone who wants to be heard on this matter; he would like to hear them.
Councilor Allen said as we were talking about the proximity to the
residential areas, he is concerned about how the sign works; if there is a
dimming process; maybe the industry could help him understand that better.
Mr. Jones said they did have that discussion; however, he would let the
industry address that. He said it is his understanding that there are ways to
dim the lights to certain luminous. He said no matter how did those lights
could be on a sign, they could interfere with the residents. He said we have
complaints about signs about the light from the multi-message board coming into
their living rooms. He said that is why they recommended it being a 1,000 feet
from a residential zone.
Councilor Allen said in preparation for the Work Session, have the staff
to think about some language that would require the dimming process on the
signs.
Mr. Jeff Hudson, representing CVS Outdoors, 2725 Lookout Drive came
forward and expresses his comments regarding this discussion with regarding to
the signs. He said they support all of the recommended changes that are being
submitted to the Council here on today with respect to the sign ordinance that
are addressing the loopholes, inconsistencies and the original intent of the
1997 Sign Ordinance. He also made comments regarding LED billboards. He said
CBS Outdoors, agreed as an industry to place these further restrictions on
themselves and redefined those situations that needed to be cleared up for the
betterment of the City and the industry; however, they didn?t ask for any
concessions on some of the things that caused them heartburn. He said this
wasn?t a time to renegotiate compromises, but we were asked to redefine the
1997 Sign Ordinance; therefore, he would propose that we address a changing
industry as it pertains to LED billboards with a committee that being s asked
to do that, but that is not what this committee was asked to do. He said there
are a lot of things to take into account.
After Mr. Hudson concluded his remarks, he then responded to several
questions of members of the Council.
Councilor Allen said when we have our work session, let?s make sure that
we invite some of the other businesses in this expertise, to include
representatives of CBS Outdoor. Let?s make sure that as part of the work
session, we include information on ?cap and replace?.
At the request of City Manager Hugley, Mr. Will Johnson of the Planning
Department came forward and responded to a question of Mayor Pro Tem Turner
Pugh, as who to serve on the original Sign Ordinance Committee. He said those
members who were on the original Sign Ordinance Committee included Mr. Ken
Henson, Mr. Bob Hydrick, Mr. Danny Cargill, Mr. Daniel Stegall, Mr. Scott Bell,
Mr. Jeff Hudson, Mr. Andrew Rooney and Mr. Rodney Milner.
Mr. Rick Jones also came forward again and went into some details and made
comments with respect to the cap and replace in the industry.
City Manager Hugley said in order not to delay this matter any further, as
part of his Agenda, we can have that discussion and at the following meeting,
we can talk about a first reading.
After more than forty-five minutes of discussion on this subject, members
of the Council expressing further views with City Manager Huley and members of
the staff responding to questions of the Council.
Mr. Hudson said he would like to request that the Council extend the
moratorium for another 120-days to allow for Work sessions and better education
to the Council.
He said if the Council would approve that motion, CBS Outdoors would be glad to
sit down and talk with anyone regarding this subject. He said because we didn?t
formulate a committee to address LED billboards, but said that is a part of
this now. He said LED meetings last at least six months because there are a lot
of things that goes into consideration when trying to establish these.
Councilor Barnes then made a motion to extend the moratorium for another
120-days not to extend beyond December 1, 2010.
City Attorney Fay said we need to make that a first reading, as of today
in order for us to vote on that in July to extend it. He said if you want to
put a date on it, 120-days will take you close to December 1st; therefore, if
you want to make that as your date when the moratorium will expire we can do
that, with the first reading here today.
City Manager Hugley said based on the discussions here today, he would
certainly agree to extend the moratorium and he would suggest the 120-day. He
said when we asked for the moratorium, we had a specific mission and that
mission only dealt with distance and proximity and that was the only thing that
they dealt with. He said as the presentation was done today, the mission has
been expanded; therefore, if it took us a 120-days to deal with the distance
issue, it will probably take another 120-day to deal with the other issues.
Mayor Pro Tem Turner Pugh said when a committee is set-up to study an
ordinance that exists in the government the Council needs to know that a
committee is being set-up so if there are any issues that the Council would
like to have discussed, it can be done beforehand.
City Manager Hugley said we will expand the mission and he would certainly
suggest that the moratorium be extend for another 120-days. Councilor Barnes
said that is his motion and so moved. Seconded by Councilor Allen.
City Attorney Fay then asked if we could get that moratorium to go to
December 1st.
The question was then called on the motion to extend the moratorium, which
carried unanimously by those nine members of Council present at the time, with
Councilor Henderson being absent for this vote.
City Attorney Fay said he would have listed on his Agenda a second reading
ordinance to extend the billboard moratorium to December 1st a second reading
ordinance for the July 13th Agenda.
Councilor Anthony thanked Mr. Hudson for his effort to work on this matter,
as you are a lifetime resident and do have the community?s interest at heart
and said he agrees with comments made by his colleagues. He said he would like
to suggest that we contact the National League of Cities to determine if they
have any information as to what cities are doing with respect to this subject
at the National Level. He said he would also have the staff to discuss the
issue of using the multi-use signs on highways and how to create a partnership
and said he would like for the group to discuss.
City Attorney Fay in response to a question of Councilor Davis said we
would delay the moratorium until December 1st, the expiration of it. He said we
were adding four months and a few days because the current moratorium expires
on July 23, 2010.
Mayor Pro Tem Turner Pugh said the new moratorium would not start until
the current one expires.
After further discussion on this matter, and in response to a further
concern of Councilor Davis, City Manager Hugley said on the July 13th portion
of the City Manager?s Agenda, he can add a presentation or a discussion with
the Mayor & Council regarding the new or revised scope, the things that you
would like to see them review and receive any input.
He said he believes that what Councilor Allen was attempting to say, is that it
may be a different committee because the scope that we had with the distance,
we put together the old billboard committee and then we added some other
stakeholders and this is what we have come back with. He said now that we are
talking about some other things, it may be beyond some of their expertise and
we may add to that committee, which we will give you a list of those members.
He said we could come back on the July 13th Agenda and include that as a
discussion on the City Manager?s Agenda.
Mayor Pro Tem Turner Pugh said between now and that time, if the Council
members have specific questions that they would like to have answers to, if
they would get that to the City Manager so that he can have those responses at
the July 13th Council meeting.
Councilor Allen said he thinks that we should separate out the sign piece
from the Unified Development Ordinance amendment until we get ready to make an
amendment there. City Attorney Fay said he agrees with that.
He said we either need to delay Item Number 13 or table it and bring it back
after all the discussion. He said we could bring back Items Number 14 & 15 back
at the July 13th Council Meeting.
He said we can just have someone to make a motion to delay Item Number 13
until such time as the Planning Division is ready to bring it back before the
Council on first reading, as long as it doesn?t go past December 1st. Councilor
Allen then so moved. Seconded by Councilor Barnes and carried unanimously by
those nine members of Council present at the time, with Councilor Henderson
being absent for this vote.
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THE FOLLOWING TWO ORDINANCES WERE SUBMITTED AND EXPLAINED BY CITY ATTORNEY
FAY AND INTRODUCED ON FIRST READING:_________________________________________
An Ordinance ? Text amendments to the Unified Development Ordinance to
amend typos and minor errors in various chapters. (15-A-10-Planning Department)
Mr. Will Johnson of the Planning Department came forward and went into
details in explaining the following amendments being made to the Unified
Development Ordinance as outlined below.
Chapter 9 of the Unified Development Ordinance is hereby amended by amending
Section 9.3.3.B by amending subsection 3 and shifting each sequential down one
step and adding Subsection 13 to read as follows:
3. Board Powers to Adopt Rules of Procedure. The Board shall adopt rules and
standards for the transaction of its business and for consideration of
applications for designations and Certificates of Appropriateness, such as
By-Laws, design guidelines and criteria; and for the time and place of special
meetings. The Board shall have the flexibility to adopt rules of procedure
without amendment to this Ordinance. The latest edition of Roberts' Rules of
Order shall determine the order of business at all meetings.
4. Sign Permit in a Historic District. The Board of Historic and Architectural
Review shall grant, grant with conditions, or deny sign permits in a historic
district.
5. Revocation of Historic Designation. Recommend to the Council that the
designation of any place, district, site, building, structure, or work of art
as an historic property or as an historic district be revoked or removed.
6. Educational Programs. Conduct educational programs on historic properties
located within its jurisdiction.
7. Investigations. Conduct such investigations and studies of matters relating
to historic preservation, as the Council may, from time to time, deem necessary
or appropriate for the purposes of preserving historic resources.
8. Grants and Funds. Seek out state, federal and private funds for historic
preservation, and make recommendations to the Council concerning the most
appropriate uses of any funds that are received.
9. Historic Preservation Activities. Perform historic preservation activities
as the official agency of City's historic preservation program.
10. Employment. Recommend to the City that it employ persons, if necessary, to
carry out the programs of the Board.
11. Nominations to the National Register. Review and make comments to the state
historic preservation office concerning the nomination of properties and
structures within its jurisdiction to the National Register of Historic Places.
12. Designated Historic Properties Or Districts. Submit to the Historic
Preservation Division of the Department of Natural Resources a list of historic
properties or historic districts designated by the City.
13. Potential Historic Designations. Prepare and maintain an inventory of all
property within the City of Columbus having the potential for designation as
historic property.
Amending Section 10.6.7 to read as follows hereby amends chapter 10 of the
Unified Development Ordinance:
Certification by the Health Department shall be printed or stamped on the plat,
as appropriate to the source of water supply and method of waste disposal
approved. For lots less than 3 acres in size not served by public sewerage or
public water, the certification by the Health Department is to read as shown
and signed in blue ink on the original drawing. For developments with public
sewerage and public water systems, this certification may be omitted.
Amending Table 3.1.1 to read as follows hereby amends chapter 3 of the Unified
Development Ordinance:
Use H
I
S
T R
E
10 R
E
5 R
E
1 R
T S
F
R
1 S
F
R
2 S
F
R
3 S
F
R
4 R
M
F
1 R
M
F
2 M
H
P U
P
T C
R
D N
C R
O C
OG
C S
A
C L
M
I H
M
I T
E
C
H N
O
T
E
S
Club or Lodge, Membership P P P *
Club or Lodge, Not for Profit P P P *
Banks and Financial Institutions P P P P P P P P
Office, Business and Professional P P P P P P P P
Office, Medical and Dental P P P P P P P
Office, Veterinary P P P P P P P *
Warehousing and Distribution, General P P P
Wholesale, General P P P
An Ordinance ? Text amendments to the Unified Development Ordinance, per
a Georgia State Mandate, to amend the text of the Unified Development Ordinance
(UDO) to adhere to language established by the State of Georgia as defined in
the State Model Ordinance regarding erosion and sedimentation control.
(16-A-10-Planning Department)
Mr. Will Johnson said this amendment is not something voluntarily that
they are doing. He said per a Georgia state mandate that occurred this current
fiscal year, this request to amend the text of UDO is to adhere to language
established by the State of Georgia as defined in the State Model Ordinance
regarding erosion and sedimentation control.
He said they have their model ordinance that they want all jurisdictions
to follow and we have adjusted the Unified Development Ordinance to model their
ordinance. He said if you have any specific questions, Ms. Donna Newman,
Director of Engineering is here to respond to those questions; but there were
none.
The following sections below are those that are being amended.
Amending Section 8.4.2 by deleting subsections A through YY and listing all
definitions in alphabetical order hereby amend chapter 8 of the Unified
Development Ordinance.
Amending Section 8.4.2 by deleting the following definitions as follows hereby
amends chapter 8 of the Unified Development Ordinance:
DNR means the Georgia Department of Natural Resources.
Drainage structure means a device composed of a virtually nonerodible material
such as concrete, steel, plastic or other such material that conveys water from
one place to another by intercepting the flow and carrying it to a release
point for storm-water management, drainage control or flood control purposes.
EPD means the Environmental Protection Division of the Georgia Department of
Natural Resources.
EPD Director means the Director of the Environmental Protection Division of the
Georgia Department of Natural Resources.
Erosion means the process by which land surface is worn away by the action of
wind, water, ice, or gravity.
Erosion and sediment control plan means a plan for the control of soil erosion
and sedimentation resulting from a land disturbing activity and identifies all
potential sources of pollution which may be expected to affect the quality of
storm water discharges from the construction site or common development.
Fill means a portion of land surface to which soil or other solid material has
been added; the depth above the original ground.
Final stabilization [means] all land disturbing activities at the site have
been completed and that for unpaved areas and areas not covered by permanent
structures, 100% of the soil surface is uniformly covered in permanent
vegetation with a density of 70% or greater, or equivalent permanent
stabilization measures (such as the use of rip rap, gabions, permanent mulches
or geotextiles) have been used. Permanent vegetation shall consist of: planted
trees, shrubs, perennial vines; a crop of perennial vegetation appropriate for
the time of year and region; or a crop of annual vegetation and a seeding of
target crop perennials appropriate for the region. Final stabilization applies
to each phase of construction.
Finished grade means the final elevation and contour of the ground after
cutting or filling and conforming to the proposed design.
Land disturbing activity means any activity which may result in soil erosion
from water or wind and the movement of sediments into state waters or onto
lands within the state, including, but not limited to, clearing, dredging,
grading, excavating, transporting, and filling of land but not including those
practices as described in Section 8.4.3.
Stabilization means the process of establishing an enduring cover of vegetation
by the installation of temporary or permanent structures for the purpose of
reducing to a minimum the erosion process and the resultant transport of
sediment by wind, water, ice or gravity.
Watercourse means any natural or artificial watercourse, stream, river, creek,
channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or
wash in which water flows either continuously or intermittently and which has a
definite channel, bed and banks, and including any area adjacent thereto
subject to inundation by reason of overflow or floodwater.
Wetlands means those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs and similar areas.
Amending Section 8.4.2 by adding the following definitions to read as follows
hereby amends chapter 8 of the Unified Development Ordinance:
Board means the Board of Natural Resources.
Buffer means the area of land immediately adjacent to the banks of state waters
in its natural state of vegetation, which facilitates the protection of water
quality and aquatic habitat.
Certified Personnel means a person who has successfully completed the
appropriate certification course approved by the Georgia Soil and Water
Conservation Commission.
Commission means the Georgia Soil and Water Conservation C Commission (GSWCC).
CPESC means Certified Professional in Erosion and Sediment Control with current
certification by Certified Profession in Erosion and Sediment Control Inc., a
corporation registered in North Carolina, which is also referred to as CPESC or
CPESC, Inc.
Department means the Georgia Department of Natural Resources (DNR).
Design Professional means a professional licensed by the State of Georgia in
the field of: engineering, architecture, landscape architecture, forestry,
geology, or land surveying; or a person that is a Certified Professional in
Erosion and Sediment Control (CPESC) with a current certification by Certified
Professional in Erosion and Sediment Control Inc.
Director means the Director of the Environmental Protection Division or an
authorized representative.
District means the Pine Mountain Soil and Water Conservation District.
Division means the Environmental Protection Division (EPD) of the Department of
Natural Resources.
Drainage Structure means a device composed of a virtually nonerodible material
such as concrete, steel, plastic or other such material that conveys water from
one place to another by intercepting the flow and carrying it to a release
point for storm water management, drainage control, or flood control purposes.
Ephemeral Stream means a stream that under normal circumstances has water
flowing only during and for a short duration after precipitation events; that
has the channel located above the ground-water table year round; for which
ground water is not a source of water; and for which runoff from precipitation
is the primary source of water flow.
Erosion means the process by which land surface is worn away by the action of
wind, water, ice or gravity.
Erosion, Sedimentation and Pollution Control Plan means a plan required by the
Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a
minimum protections at least as stringent as the State General Permit, best
management practices, and requirements in section IV.C. of this ordinance.
Fill means a portion of land surface to which soil or other solid material has
been added; the depth above the original ground surface or an excavation.
Final Stabilization means all soil disturbing activities at the site have been
completed, and that for unpaved areas and areas not covered by permanent
structures and areas located outside the waste disposal limits of a landfill
cell that has been certified by EPD for waste disposal, 100% of the soil
surface is uniformly covered in permanent vegetation with a density of 70% or
greater, or equivalent permanent stabilization measures (such as the use of rip
rap, gabions, permanent mulches or geotextiles) have been used. Permanent
vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of
perennial vegetation appropriate for the time of year and region; or a crop of
annual vegetation and a seeding of target crop perennials appropriate for the
region. Final stabilization applies to each phase of construction.
Finished Grade means the final elevation and contour of the ground after
cutting or filling and conforming to the proposed design.
Land-Disturbing Activity means any activity which may result in soil erosion
from water or wind and the movement of sediments into state waters or onto
lands within the state, including, but not limited to, clearing, dredging,
grading, excavating, transporting, and filling of land but not including
agricultural practices as described in Section 8.4.3.
Nephelometric Turbidity Units (NTU) means numerical units of measure based upon
photometric analytical techniques for measuring the light scattered by finely
divided particles of a substance in suspension. This technique is used to
estimate the extent of turbidity in water in which colloidally dispersed or
suspended particles are present.
NOI means a Notice of Intent form provided by EPD for coverage under the State
General Permit.
NOT means a Notice of Termination form provided by EPD to terminate coverage
under the State General Permit.
Outfall means the location where storm water in a discernible, confined and
discrete conveyance, leaves a facility or site or, if there is a receiving
water on site, becomes a point source discharging into that receiving water.
Permit means the authorization necessary to conduct a land-disturbing activity
under the provisions of this ordinance.
Phase or Phased means sub-parts or segments of construction projects where the
sub-part or segment is constructed and stabilized prior to completing
construction activities on the entire construction site.
Project means the entire proposed development project regardless of the size of
the area of land to be disturbed.
Properly Designed means designed in accordance with the design requirements and specifications
contained in the ?Manual for Erosion and Sediment Control in Georgia? (Manual)
published by the Georgia Soil and Water Conservation Commission as of January 1
of the year in which the land-disturbing activity was permitted and amendments
to the Manual as approved by the Commission up until the date of NOI submittal.
Stabilization means the process of establishing an enduring soil cover of
vegetation by the installation of temporary or permanent structures for the
purpose of reducing to a minimum the erosion process and the resultant
transport of sediment by wind, water, ice or gravity.
Watercourse means any natural or artificial watercourse, stream, river, creek,
channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or
wash in which water flows either continuously or intermittently and which has a
definite channel, bed and banks, and including any area adjacent thereto
subject to inundation by reason of overflow or floodwater.
Wetlands means those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support a prevalence of vegetation typically adapted for life
in saturated soil conditions. Wetlands generally include swamps, marshes,
bogs, and similar areas.
Chapter 5 of the Unified Development Ordinance is hereby amended by amending
Section 5.3.2.B.2(A) by adding subsection (4) to read as follows:
(4) The buffer shall not apply to any ephemeral stream. Unless exempted as
along an ephemeral stream, the buffers of at least 25 feet established pursuant
to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality
Control Act", shall remain in force unless a variance is granted by the
Director.
Amending Section 5.3.2 by adding subsection D to read as follows hereby amends
chapter 5 of the Unified Development Ordinance:
D. The fact that land-disturbing activity for which a permit has been issued
results in injury to the property of another shall neither constitute proof of
nor create a presumption of a violation of the standards provided for in this
ordinance or the terms of the permit.
Chapter 10 of the Unified Development Ordinance is hereby amended by amending
Section 10.4.1.A to read as follows:
A. Permit Required. No person shall conduct any land-disturbing activity within
the city without first obtaining a site development permit from the Department
of Engineering to perform such activity and providing a copy of Notice of
Intent submitted to EPD if applicable, unless the activity is otherwise exempt
from the soil erosion and sedimentation control provisions of the Land
Development Activities Chapter of this UDO.
Chapter 10 of the Unified Development Ordinance is hereby amended by amending
Section 10.5.2.E to read as follows:
E. Data Required for Site Plan shall include all the information required from
the appropriate Erosion, Sedimentation and Pollution Control Plan Review
Checklist established by the Commission as of January 1 of the year in which
the land-disturbing activity was permitted.
Chapter 12 of the Unified Development Ordinance is hereby amended by amending
Section 12.4.2.A.1 to read as follows:
1. The Department of Engineering shall periodically inspect the sites of land
disturbing activities to determine if the activities are being conducted in
accordance with the plan and if the measures required in the plan are effective
in controlling erosion and sedimentation. Also, the Local Issuing Authority
shall regulate both primary and secondary permittees as such terms are defined
in the state general permit. Primary permittees shall be responsible for
installation and maintenance of best management practices where the primary
permittee is conducting land-disturbing activities. Secondary permittees shall
be responsible for installation and maintenance of best management practices
where the secondary permittee is conducting land-disturbing activities.
Tertiary permittees shall be responsible for installation and maintenance where
the tertiary permittee is conducting land-disturbing activities.
Chapter 12 of the Unified Development Ordinance is hereby amended by amending
Section 12.4.2.A.4 to read as follows:
4. The District or the Commission or both shall semi-annually review the
actions of counties and municipalities which have been certified as Local
Issuing Authorities pursuant to O.C.G.A. 12-7-8 (a). The District or the
Commission or both may provide technical assistance to any county or
municipality for the purpose of improving the effectiveness of the county or
municipality?s erosion, sedimentation and pollution control program. The
District or the Commission shall notify the Division and request investigation
by the Division if any deficient or ineffective local program is found.
Chapter 12 of the Unified Development Ordinance is hereby amended by deleting
Section 12.4.2.A.5 in its entirety.
Amending Section 12.4.2 to add subsections C and D to read as follows hereby
amends chapter 12 of the Unified Development Ordinance:
C. Conformance with Erosion and Sedimentation Act of 1975. The Columbus
Consolidated Government will amend its ordinances to the extent appropriate
within twelve (12) months of any amendments to the Erosion and Sedimentation
Act of 1975.
D. Certification Requirements.
1. Persons involved in land development design, review, permitting,
construction, monitoring, or inspection or any land-disturbing activity shall
meet the education and training certification requirements, dependent on their
level of involvement with the process, as developed by the commission in
consultation with the division and the stakeholder advisory board created
pursuant to O.C.G.A. 12-7-20.
2. For each site on which land-disturbing activity occurs, each entity or
person acting as either a primary, secondary, or tertiary permittee, as defined
in the state general permit, shall have as a minimum one person who is in
responsible charge of erosion and sedimentation control activities on behalf of
said entity or person and meets the applicable education or training
certification requirements developed by the Commission present on site whenever
land-disturbing activities are conducted on that site. A project site shall
herein be defined as any land-disturbance site or multiple sites within a
larger common plan of development or sale permitted by an owner or operator for
compliance with the state general permit.
3. Persons or entities involved in projects not requiring a state general
permit but otherwise requiring certified personnel on site may contract with
certified persons to meet the requirements of this ordinance.
4. If a state general permittee who has operational control of land-disturbing
activities for a site has met the certification requirements of paragraph (1)
of subsection (b) of O.C.G.A. 12-7-19, then any person or entity involved in
land-disturbing activity at that site and operating in a subcontractor capacity
for such permittee shall meet those educational requirements specified in
paragraph (4) of subsection (b) of O.C.G.A 12-7-19 and shall not be required to
meet any educational requirements that exceed those specified in said paragraph.
City Attorney Fay said these two ordinances would be voted on at the July
13, 2010 Council meeting.
EXECUTIVE SESSION:
City Attorney Fay said that we need to have an executive session on
litigation.
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PUBLIC AGENDA:
THE FOLLOWING PERSON (S) APPEARED ON THE PUBLIC AGENDA AND PROVIDED IS A
SUMMARY OF EACH PERSON (S)
COMMENTS:_________________________________________________
MS. BARBARA BROWN, RE: REFUND OF PENALTIES FOR REAL PROPERTY TAXES FOR
THE 2009 TAX YEAR:_________
Ms. Barbara Brown, 3600 East Britt David Road said she was here on last
week requesting the Council to consider refunding the penalties and interest
that she paid on her real property taxes for the 2009 tax year. Ms. Brown was
listed on the Agenda on last week and was asked to come back on today once
information was received from the Board of Tax Assessors, as well as the Tax
Commissioner.
Information was provided to the Council on last week; however, after
giving additional information and explanation on this matter by Chief Tax
Assessor, Ms. Betty Middleton and Tax Commissioner Ms. Lula Huff, with them
responding to questions of members of the Council.
City Attorney Fay pointed out that the taxpayer has made her request for a
refund of penalty and interest and said if there is not motion of the Council;
then we had nothing to act on. He we have heard both sides on the matter. There
was no action taken by the Council in which Ms. Brown had requested a refund on
the penalties that she paid on her 2009 taxes.
*** *** ***
MR. ISAAC BROWN, RE: COMMUNITY CITIZEN?S SERVICE WATCH, RE: CIME
PREVENTION EFFORTS WITHIN THE CITY:
Mr. Isaac Brown came forward and highlighted the Crime Prevention efforts
that his organization does here in the City with respect to trying to prevent
crime in the City and the assistance that they lend to the Columbus Police
Department.
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NOTE: Councilor Henderson arrived at this point in the proceedings with
the time being 11:20 a.m.
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***-------------------------------------
MR. EDWARD DUBOSE, REPRESENTING THE GEORGIA STATE CONFERENCE NAACP, RE:
PARKS & RECREAION & THE HANDLING OF RADAR USE AND TICKET WRITING:______
Mr. Edward Dubose, approached the podium to speak on the subject of the
Parks & Recreation and (2) The handling of radar use and ticket writing. He
also made comments with regards to the audit. He read a prepared statement
regarding these issues.
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CITY MANAGER'S AGENDA:
THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER
HUGLEY AND AFTER SOME DISCUSSION DELAYED BY THE COUNCIL:___________________
A Resolution ? Authorizing the execution of a five (5) year property lease
agreement with Vantage Tower Group, LLC for space at the entrance of Shirley
Winston Park that will used to install and operate a tele-communication
facility. Councilor Allen moved the adoption of the resolution. Seconded by
Councilor Woodson and carried unanimously by those nine members of Council
present for this meeting.
Councilor Anthony said we have been asking for a decision as to whether
the parameter of a cell tower is the parameter of the host land or the cell
tower, as it affects a lot of things going forward and then asked, if we have a
ruling on that.
City Attorney Fay said we do not have a ruling on that yet, as we are
still litigating on that issue in Federal Court. He said the Unified
Development Ordinance has not been amended to change the current law; however,
we have setbacks in place, 300-feet from a residential structure on a few
others. He said they have not been amended at this time, but we do have
litigation that is going in Federal Court that may affect what we want to do
with the ordinance; and that is where we are as of today.
Councilor Anthony said that is the issue right now as we look at this
application. He said are we approving something that is in violation of the
ordinance or is the litigation that is under consideration, is that outside of
the scope of our normal process here?
City Manager Hugley said he will allow the City Attorney to respond to
this issue with respect to the distance, but said the staff has looked at this
matter. He said it was on his agenda several weeks ago; however, he pulled it
in order to meet with the residents out in that area. He said we did schedule
that meeting and the Mayor Pro Tem was present at that meeting. He said we have
done our due diligence and said there is no opposition to the request. He said
it will look like a tree and will be amongst the pine trees there at the
Shirley Winston Park. He said he wanted to make sure we did a presentation so
that we could give the residents an opportunity to ask questions and answer any
of their concerns and said we have gone through the process. He said he
understands that doesn?t answer Councilor Anthony?s question of distance, but
said we will continue to work with the City Attorney regarding this matter.
City Attorney Fay said to his knowledge there is no tower at this site
within 300-feet of a residential structure. City Manager Hugley said that is
correct. However, Councilor Anthony said there are residences within 300-feet
of the parameter of Shirley Winston Park; and said that are the issue.
City Manager Hugley said if you look at total acreage and the boundaries
of the total acreage, if you go from property line to property line; then that
would be correct because Shirley Winston Park fronts Steam Mill Road and so the
property line would be close to Steam Mill Road and there is a house on the
other side of the street on Steam Mill Road. He said when you look at where
this tree like structure is going to be located, as the City Attorney has
indicated it is more than 300-feet from that particular home, although not from
the property line.
Councilor Anthony once again said that is the issue that is involved in
the
litigation.
City Manager Hugley said he is willing to ask the Council withdraw this
item; and if we need to turn it down, we can turn it down. He said he
understands the Council?s questions and the confusion about what the ordinance
says and the law, but again, as the City Attorney has stated, it is on City
property and it is 300-feet away and we did go out to make sure that we
listened to the residents and there was and is no opposition.
Several minutes of discussion then developed on this issue, with members
of the Council expressing their views surrounding this subject matter of
wireless communication towers, after which City Attorney Fay, as well as City
Manager Hugley responded to those views and questions of the Council, after
which Councilor Anthony made a motion to delay this resolution until such time
as the Federal District Court rules on the wireless communication tower case
within the next six months. Seconded by Councilor Woodson and carried
unanimously by those ten members of Council present for this meeting.
*** *** ***
THE FOLLOWING THREE RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY
MANAGER HUGLEY AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE
MOTION MADE BY COUNCILOR ALLEN AND SECONDED BY COUNCILOR WOODSON, WHICH CARRIED
UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR THIS
MEETING:___________________________________________________
A Resolution (203-10) ? Authorizing the submission of an application and,
if approved, accept a $50,000 grant from the Georgia Department of Human
Services to continue as a Family Connection Community in order to improve child
health, school performance, family stability, family economic capacity, reduce
child abuse, neglect and teenage pregnancy.
A Resolution (204-10) ? Authorizing the acceptance of a deed to that
portion of Silverado Drive and portion of Sonoma Court located in Section VI,
Sonoma Pointe and Section VI, Stone Creek. The Department of Engineering has
inspected these streets and recommends the acceptance.
A Resolution (205-10) ? Authorizing the Authorization is requested to
approve an agreement with the Georgia Forestry Commission for operation of the
forestry program in the amount of $4,240, (10? per acre - Fire Protection).
The assessment is based on the number of commercial private forest acres within
Muscogee County under the Fire Protection Act.
*** *** ***
THE FOLLOWING SIX PURCHASING RESOLUTIONS HAVING BEEN SUBMITTED WITH THE
CITY MANAGER?S AGENDA WERE 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 ALLEN, WHICH CARRIED
UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR THIS
MEETING:_____________________
A Resolution (206-10) ? Authorizing the approval of a contract with
A?viands Food and Services Management for inmate food service at the Muscogee
County Jail and Muscogee County Prison. The contractor shall provide the
following services:
Provide all required labor, food, beverages, materials, supplies and chemicals
necessary to provide food services for the inmates and staff at the Muscogee
County Jail and Prison facilities.
Provide food service preparation to be performed in the kitchen at each
facility.
Serve from a twenty-eight (28) day cycle menu, at proper temperature,
nutritious, wholesome, palatable meals and special diets to the inmates, staff
and designated visitors of the Jail and Prison in accordance with the terms of
the agreement.
Provide meals and food service three (3) times per day, seven (7) days per week
for the Jail and Prison.
Manage a civilian and inmate kitchen staff, which shall prepare pre-plated
meals for service on trays, for delivery to Correctional Officers at designated
areas.
Shall use USDA Grade A or B food, without any pork product or pork derivatives.
A Resolution (207-10) ? Authorizing the approval of a contract with Global
Connect to provide emergency notification to households in Columbus, Georgia,
during FY11, in the amount of $26,509.00, for 48,199 household and employees at
a rate of $0.55 each. Approval is also requested for the same services for two
additional years at the rate of $0.55 each.
Per Resolution 538-08, Council approved a nine (9) month free trial period of
the emergency notification system provided by Global Connect. The system
enabled the City to provide emergency notification to employees and citizens,
telephonically, resulting in increased safety and response planning for
emergency situations, such as natural disasters. Most recently, the City used
the system to alert citizens of the safety hazard of razor blades found on
equipment at City Parks. The nine (9) month trial period has been successful
and it is desired to continue the service for one year with the option to renew
for two additional years.
A Resolution (208-10) ? Authorizing the approval of payments to Mainstreet
Technologies for imaging and indexing of deed records, for the Clerk of
Superior Court, at the rate of $1.97, per document. Per Resolution 76-06,
Council approved the purchase of a land records imaging and indexing system
from Aptitude Solutions for the Clerk of Superior Court.
During that time, the Georgia Superior Court Clerks Authority had just extended
a statewide back scanning project to include microfilming of real estate
documents. In accordance with their policies, each Clerk of Court had the
authority to choose from a list of certified vendors to accomplish the work for
a per document cost paid to the vendor. The Clerk of Superior Court chose to
negotiate with the vendors to obtain a credit per document for the benefit of
the Clerk?s office, which in turn was used to obtain the use of the vendor?s
real estate computer system until such time as the credited amount ran out. Of
the vendors known to have the capability to assure a good conversion of data,
Mainstreet Technologies offered the highest percentage of credit to the Clerk?s
office. The negotiated credits with Mainstreet have exhausted and the City is
now being charged a per document charge until a new system is in place.
A Resolution (209-10) ? Authorizing the approval of a five-year
lease/purchase agreement for a real estate computer system from Tyler
Technologies in accordance with the following purchase/payment schedule:
First year payment $60,000.00
2nd year $157,319.64
3rd year $157,319.64
4th year $157,319.64
5th year $157,319.64 (Payment for system completed)
6th year $ 52,225.44 (maintenance only)
O.C.G.A Title 15 requires the Clerk of Superior Court to file, record, 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.
The Clerk of Superior Court will utilize the computer system and support
provided by Tyler to replace the current per document cost of imaging and
indexing land records. The per document cost delivery system only provides the
basic services, with minimal functionalities needed for the most efficient
operation of the real estate division of the Court. For the same, and likely
less cost, the City has the opportunity to acquire a system that is faster,
more efficient, and has many more functionalities than the existing system,
such as, the capability of online fee option payments and of electronic filing
of real estate documents. The purchase will be accomplished via Invitation for
Bid #013006, initiated by the National Joint Powers Alliance (NJPA), whereby
Tyler Technologies is one of the successful vendors contracted to provide
Administrative Software and Related Services. The contract, which commenced
February 8, 2007, is good through February 2012. The National Joint Powers
Alliance is a Service Cooperative created by Minnesota Statute 123A.21. This
statute was created in 1978 and revised in 1995 to allow participating
governmental and municipal agencies to reduce the cost of purchased goods by
leveraging their combined purchasing power. Tyler is responsible for helping
thousands of public sector clients to serve their communities. Their solutions
help government be more efficient, more accessible and more responsive to the
needs of citizens in 9 major areas: Appraisal & Tax, Citizen Services, Courts &
Justice, Document Management, Education Management, Financial Management, Land
& Vital Records, Pension Management, and Public Safety.
A Resolution (210-10) ? Authorizing the execution of a construction
contract with Brock Jones, Inc., in the amount of $220,937.78, for building
improvements to the historic train depot. The work includes, but is not
limited to, the installation of HVAC drain pipes, electrical fixture
replacement, interior and exterior painting, carpet replacement, and interior
and exterior carpentry work.
A Resolution (211-10) ? Authorizing payment to Motorola Communications and
Electronics, Inc., in an amount not to exceed $134,862.00, to execute the FY11
annual transmission system service contract for the City?s 800 MHz radio
communication system. Per the award of RFP No. 149-91, the City established an
Annual Transmission System Maintenance contract with Motorola Communications
and Electronics, Inc., having renewed said contract each year. The City?s 800
MHz Radio System has three transmission sites for which we contract Annual
Service/ Maintenance Agreement with Motorola Communications and Electronics,
Inc. A new McKee Rd transmission site comes on line in July 2010 as part of a
current Radio System upgrade project. The maintenance agreement covers the
highly technical components of the Radio System for which our City Radio Shop
personnel are not trained. The Annual Transmission System Service contract
runs from July 1, 2010 through June 30, 2011, and includes the previously
adopted pricing schedule. This contract provides for additions/deletions of
radio equipment maintained by the contract with each year?s renewal. The annual
payment is made, in total, at the beginning of each agreement period.
Motorola Communications and Electronics, Inc., is the manufacturer of the
equipment, and therefore, considered an only known source for this specific
maintenance.
*** *** ***
THE FOLLOWING ADD-ON RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY
MANAGER HUGLEY AND ADOPTED BY THE
COUNCIL:___________________________________________
A Resolution (212-10) ? Authorizing the approval of the Revised Baker
Village Revitalization Strategy and endorsement of an application by the
Housing Authority of Columbus and their development partner, Columbia
Residential, to the Georgia Department of Community Affairs for low-income tax
credits to construct the proposed Baker Village Apartments ? Phase III.
Councilor McDaniel 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 Barnes being absent for this vote.
*** *** ***
PARKS & RECREATION DEPARTMENT:
Councilor Davis said he would like for us to take a look at the Recreation
Advisory Board and do a Work session on the Recreation Advisory Board and let?s
look at the responsibilities and duties of the Board.
*** *** ***
TRAFFIC CONCERNS IN UPTOWN COLUMBUS:
Councilor Woodson said she would like to publicly congratulate Deputy City
Manager David Arrington and Engineer Director Donna Newman, as well as Traffic
Engineer Ron Hamlett and to say what an outstanding job those employees did
regarding the parking concerns in the Historic District. She said for years, we
have been having problems in the Historic District trying to find a solution
for parking. She said year after year, we have been debating and going back and
forth on this issue. She said Mr. Hamlett and his staff took this task and put
together an unbelievable presentation that was made. She said they listened to
the comments made by the citizens, as well as the comments made by this
Council. She said this was one of the best meetings that she has ever been to
since she has been on this Council. She said the staff listened to the
residents concerns and said there were there with resolutions, they gave
options; and said it was a very impressive meeting and the residents left that
meeting very happy. She said we would be coming back to the Council at a later
date with some amendments to the ordinance. She said she would like to also
make sure that we had all of the Historic Districts represented there at that
meeting.
City Manager Hugley said he appreciates those comments regarding the
staff. He said they do work hard and oftentimes we just hear the negatives, but
said there is a lot of great work going on and every now and then a citizen
would write us and let us know that, but it is good to hear these comments. He
said he thinks the recommendations relate to the original Historic District. He
said they have gotten great feedback from the meeting and he appreciates the
comments made by Councilor Woodson.
*** *** ***
EXECUTIVE SESSION:
Councilor Davis said there was an effort to go into an executive session,
as we have some individuals waiting to be heard.
City Manager Hugley said if we need to go into an executive session now
would be a good time to do that, and he would also like to include in the
executive session to discuss a real estate property acquisition matter. City
Attorney Fay said that we need to discuss a litigation matter, as well as
property acquisition. Councilor Davis then made a motion to allow the Council
to go into an executive session. Seconded by Councilor McDaniel and carried
unanimously by those ten members of Council present for this meeting.
*** *** ***
At 12:00 noon, the regular session of the Council of Columbus, Georgia was
adjourned to allow the Council to go into executive session.
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***-------------------------------------
NOTE: Councilor Hunter left at 1:03 p.m. immediately after the
adjournment of the executive session.
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***-------------------------------------
At 1:05 p.m. the meeting was called back to order at which time Mayor Pro
Tem Turner Pugh pointed out that the Council went into executive session to
discuss a matter of litigation and property acquisition, but there were no
votes taken.
*** *** ***
MONTHLY FINANCE UPDATE:
Finance Director Pam Hodge came forward to provide an update on the May
2010 Finance Report. She said on the Local Option Sales Tax update for the 70%
Public Safety we have collected just over $19 million this fiscal year. She
said at the end of May, the Police Department had 98 of the 100 positions
filled. E911 had 8 of the 9 positions filled and one court related position, as
well as one in the Crime Prevention area; which is the Director?s position. She
also outlined the breakdown of how much each department has spent of their
allocation with a total of $11.8 million on the Public Safety side. On the 30%
infrastructure revenue, Finance Director Hodge reported that we have collected
just under $8.2 million and have spent just under $400,000 on the Local Option
Sales Tax.
Finance Director Hodge then provided an overview of the following funds
and are listed as follows:
She said in the General Fund, we have collected .62% over this same period
of time last year. She said if you remove the Continental Carbon Settlement
from FY-09, we are at 3.45% over last year and sales tax is up 10.54% over this
same time last year. She said we have made progress, but we are still not at
the same level that we were in FY-07 or FY-08. She said even though we have
seen a 10% increase in sales tax over last, we are still below where we were
when we were at our peak in FY-08. Sewer Fund up 20.26%; however, there was a
millage increase in this particular fund that would represent this increase;
Paving Fund up 4.72%; Medical Center Fund up 6.57%; Integrated Waste Fund down
(-1.44%); E911 up almost 2.00%; Economic Development Authority Fund up 6.57%;
Debt Service Fund up 58.93%; and this includes the $4,000,000 for the refunding
through the 2010 Bond Series; and therefore, the Debt Service Fund increased
because of the refunding. Transportation Fund up 6.00%; Parking Management Fund
down (-6.00%); and said we have talked about it through the budget process and
some of the things that we are going to do to try to make some changes in the
Parking Management. Trade Center Fund down (-1.43%); however, their
expenditures are also just under what their revenues are; therefore, they are
on target. Bull Creek Golf Course Fund down (-1.36%) She said their
expenditures are tracking fairly close to their revenues as well. Oxbow Creek
Golf Course Fund up 2.44% from where we were on last year; however, their
expenditures are tracking just over their revenues, but party close to
maintaining. Civic Center Fund up 16.97% over this same period as last year;
however, their expenditures are tracking just under $300,000 over what their
revenues are, and we have discussed that matter with the Civic Center Fund.
*** *** ***
RECOVERY ZONE BONDS UPDATE:
Director of Finance Pam Hodge indicated that she distributed this
information around the Council table on this morning and each of the Council
members was provided a copy of it. She then went into some details in giving a
brief update of the Recovery Zone Bonds.
She said the Recovery Zone Bonds program was a program of the Build
America Bonds, which was a part of the stimulus program and said there were two
types of recovery zones bonds that we discussed when we did the project. She
said we also came back and talked about the Recovery Zone Bonds at a later
time, the Recovery Zone Economic Development Bonds and the Recovery Zone
Facility Bonds.
Ms. Hodge said back in October, we came before the Council and talked
about the Notice of Intent that was required for them to submit the bonds;
which was completed and submitted to DCA within the appropriate time period.
She said in December 2009 they did a presentation on the actual Recovery Zone
in designating what portion of Muscogee County would be included in the
recovery Zone. She said as pointed out earlier there were two types of bonds:
(1) Economic Development Bonds, which was for private infrastructure and
facility projects. She said we did utilize our allocation for the Economic
Development Bonds and just over $2,000,000 when we did the Columbus Building
Authority bonds in January, Series C was issuing of that allocation. She said
the project that was eligible that was in the Recovery Zone was the Fort
Benning/Brennan Road project. She said the purpose of these bonds was to
provide some incentive back to the local government, which was a 45% direct
subsidy on the interest payments. She said the first interest payment is due on
July 1st and they are required to submit information to the IRS and they have
received their first subsidy for the bond payment that is due July 1st. She the
first payment is $53,000 and they have already received their 45% subsidy,
which is just under $24,000.00.
After more than twenty minutes of discussion in giving the update,
Ms. Hodge went into some details and providing information on the second time
of bonds, which is the Recovery Zone Facility Bonds, Ms. Hodge then responded
to questions of members of the Council.
*** *** ***
HOTELS/MOTELS:
Councilor Anthony said that Mr. Tracy Sayers is present here in the
audience this morning and said he represents the hotel industry and said he is
interested in knowing as to whether or not there is any new developments that
we can talk about with respect to the de-listing of the hotels and the cost to
our community.
City Manager Hugley said he would suggest that he get together with our
City Attorney and discuss that matter with him.
*** *** ***
HOMEBUYERS DOWN PAYMENT ASSISTANCE PROGRAM:
Deputy City Manager David Arrington went into some details in outlining
the following presentation on the Homebuyers Down Payment Assistance Program.
HOME Down Payment Program Elements
$5,150 assistance for qualified first time homebuyers
$10,150 assistance for qualified first time homebuyers in redevelopment areas
Federal First Time Homebuyers Tax Credit
$8,000 tax credit
Sales contracts required by 04/30/10
Closing required by 06/30/10
Program expires 06/30/10
Down Payment Assistance Program
FY 08 116 loans funded
FY 09 132 loans funded
FY 10 156 loans funded, 20 pending, additional loan requests to be submitted
this week
FY 10 Down Payment Assistance Budget
$600,731 budgeted
Additional funding from prior years HOME allocations used to supplement FY10
down payment assistance requests.
All program funds have been expended, additional funding required to fully fund
community need.
Federal Tax Credit Program offers unique opportunity for first time homebuyers
that will expire on 06/30/10.
Recommendations
Request a Pre-Award of FY11 HOME funds in the amount of $160,000 from the
Department of Housing & Urban Development to fully fund all FY10 down payment
assistance requests in process.
Pre-award and use of funds in FY10 will reduce the program?s capacity next
fiscal year.
Councilor Woodson made a motion to allow the staff to request a Pre-Award
of FY11 HOME funds in the amount of $160,000 from the Department of Housing &
Urban Development to fully fund all FY10 down payment assistance requests in
process as requested. Seconded by Councilor Barnes and carried unanimously by
those nine members of Council present at the time, with Councilor Hunter being
absent for this vote.
*** *** ***
MOON ROAD:
Deputy City Manager Arrington said on last month there was a request made
by the Council for the staff to look at Moon Road and said that we had our
paving contractor to do that and said they have identified a number of
locations from on Moon Road from Whittlesey to Wilbur, as well as from J. R.
Allen Parkway to Veterans Parkway that were in need of repairs. He said during
this past month our Public Services Department has been along the road and has
made repairs to the shoulder and potholes, but the repairs go beyond your
typical potholes filling and maintenance. He said the paving contractor have
identified 17 locations from Whittlesey to Wilbur and 12 locations from Walden
Chase to Knology that require patching as opposed to the filling of potholes.
He said the cost for this from the Whittlesey to Wilbur section is $60,000 and
the cost from the Walden Chase to Knology portion is $21,875.00. He said a lot
of this patching would be done when the road is widened; so what we would be
doing is expending funds conducting patching of certain areas with existing
construction funds that we have budgeted for those areas.
He said there are areas on the southern portion from Wilbur to Whittlesey
said that we might patch, and when the road widening from two to three lanes
comes through that patch may be torn up because the road alignment would
change. He said there could be some patching that we would do that would only
be a benefit for a period of time between now and when the road is re-done. He
said he thinks it would be a good investment considering the condition of that
road today and how long it would take to get the construction.
Deputy City Manager Arrington said he would recommend that Council approve
this request. Councilor Allen so moved. Seconded by Councilor Barnes and
carried unanimously by those nine members of Council present at the time, with
Councilor Hunter being absent for this vote.
------------------------------------*** ***
***--------------------------------------
CLERK OF COUNCIL?S AGENDA:
CLERK OF COUNCIL WASHINGTON SUBMITTED THE FOLLOWING TEMPORARY STREET
CLOSING APPLICATION, WHICH WAS APPROVED BY THE COUNCIL: __________________
Application of Bethany Culbreth to temporarily close Bay Avenue from City
Docks to Dillingham Street; Bay Avenue from 10th Street to 11th Street;
Dillingham Street, 9th and 10th Street from west side of Front Avenue;
Dillingham Street on Alabama side from 12:00 p.m. on July 3 through 12:00 a.m.,
on July 5, 2010; Broadway and Front Avenue from 9th Street through 11th Street
and 9th Street through 11th Street from East side of Broad to west of Front
Avenue from 1:00 p.m. to 10:30 p.m. on July 4, 2010, in connection with
?Thunder on the Hooch?.
Councilor McDaniel moved the approval of the application. Seconded by
Councilor Allen and carried unanimously by those nine members of Council
present at the time, with Councilor Hunter having already left the meting.
*** *** ***
MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL
WASHINGTON AND OFFICIALLY RECIVED BY THE
COUNCIL:_________________________________________________
Airport Commission, April 28, 2010.
Board of Elections & Registration, May 6, 2010.
Board of Tax Assessors, No. 21-10.
Board of Zoning Appeals, March 3, 2010.
Board of Zoning Appeals, April 7, 2010.
Board of Zoning Appeals, May 5, 2010.
Councilor Allen made a motion to receive the minutes. Seconded by
Councilor McDaniel and carried unanimously by those nine members of Council
present at the time, with Councilors Hunter having already left the meeting.
*** *** ***
THE FOLLOWING TAXICAB OWNER?S BUSINESS LICENSE APPLICATION WAS SUBMITTED
FOR APPROVAL AS AN ADD-ON ITEM AND APPROVED BY THE
COUNCIL:_________________________
Application of John Daniel Adam for a taxicab owner?s business license to
conduct business as American Cab Company, located at 1640 5th Avenue, Columbus,
Georgia, 31901.
Councilor Allen moved approval. Seconded by Councilor McDaniel and carried
unanimously by those nine members of Council present at the time, with
Councilors Hunter having already left the meeting.
*** *** ***
BUILDING AUTHORITY:
Clerk of Council Washington pointed out that the term of office of
Mr. Terry Ballard on the Building Authority of Columbus expired on March 24,
2010 and that he is eligible to succeed himself, but does not desire
reappointment. She said the Council would need to make a nomination for someone
to fill this expired term. There were no nominations made at this time.
*** *** ***
COLUMBUS GOLF AUTHORITY:
Clerk of Council Washington pointed out that the terms of office of Rev.
Rudolph Allen, Mr. Aubry Burt, Richard Hagler, Rev. Willie Hill, Mr. Floyd
Washington and Ms. Nancy Wilkeson on the Columbus Golf Course Authority would
expire at the end of this month. She Rev. Allen and Mr. Burt are both eligible
to succeed themselves; however, Mr. Hagler, Rev. Hill, Mr. Washington and Ms.
Wilkeson cannot succeed themselves.
Mayor Pro Tem Turner Pugh nominated Rev. Allen and Mr. Burt for another
term of office. Councilor McDaniel nominated Mr. Jeff Blankenship for Mr.
Hagler?s position. Councilor Barnes nominated Rev. Ralph Huling for Rev. Hill?s
position. Councilor Henderson nominated Mr. Frank Barron for Mr. Washington?s
position. Councilor Allen nominated Dr. Eddie Lindsey for Ms. Nancy Wilkeson?s
position.
*** *** ***
COMMUNITY DEVELOPMENT ADVISORY COUNCIL:
Clerk of Council Washington pointed out the following terms of office of
offices expired on last month: Mr. Charles Weaver Council District 1, who is
eligible to succeed himself for another term of office.
She also pointed out that Mr. Daniel Priban; Council District 9
representative cannot succeed himself, as well as Mr. John Partin, Mr. Eddie
Roberts, Mr. Arthur Rogers and Ms. Leigh Stewart. She said Mr. John Partin, and
Mr. Eddie Roberts; these are the Mayor?s appointments.
Clerk of Council Washington also pointed out that Mr. Arthur Rogers is the
Council District Four representative and that Mayor Pro Tem Turner Pugh is
working on a replacement. She said Councilor McDaniel is also working for a
replacement for Ms. Leigh Stewart, Council District 8 representative.
*** *** ***
CIVIC CENTER ADVISORY BOARD:
Clerk of Council Washington pointed out that the seats of Mr. Wane Hailes,
who served as Council District 4 and Ms. Wanda Jenkins, who served as Council
District 1representative have been declared vacant and said we need a new
nominee from these two Councilors.
She pointed out that Mayor Pro Tem Turner Pugh is nominating Rev. Reginald
Thompson and that he may be confirmed for District 4. Councilor Henderson so
moved. Seconded by Councilor Barnes and carried unanimously by those nine
members of Council still present, with Councilor Hunter having already left the
meeting.
*** *** ***
HOUSING AUTHORITY OF COLUMBUS:
Clerk of Council Washington pointed out that the term of office of Mr. Rob
Doll on the Housing Authority expired on April 30, 2010 and that he is eligible
to succeed himself for another term of office; however he does not desire to be
reappointed. She advised Mayor Wetherington that this is his appointment and he
needs to nominate someone for this seat.
*** *** ***
VALLEY PARTNERSHIP:
Clerk of Council Washington pointed out that the term of office of Mr.
Rick Alexander expired on last month and pointed out that he is eligible to
succeed himself and would like to serve again. Councilor McDaniel then
nominated him for another term of office. She said she would bring this back at
the Council?s next meeting for confirmation.
*** *** ***
With there being no other business for the Council to discuss, Mayor Pro
Tem Turner Pugh then asked if there was anyone seated in the audience who had
an issue to discuss could come forward at this point. There was no one who came
forward to speak.
-------------------------------------*** ***
***---------------------------------
With there being no additional business for the Council to discuss, Mayor
Pro Tem Turner Pugh then entertained a motion for adjournment. Councilor Allen
so moved. Seconded by Councilor Henderson and carried unanimously by those nine
members of Council present at the time, with Councilor Hunter being absent for
this vote, with the time being 1:30 p.m.
Tiny B. Washington, CMC
Clerk of Council
The Council of Columbus, Georgia
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