Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

MINUTES



COUNCIL OF COLUMBUS, GEORGIA





REGULAR MEETING



FEBRUARY 10, 2009





The regular meeting of the Council of Columbus, Georgia was called to

order at 9:00 A.M., Tuesday, February 10, 2009, in the Council Chambers,

Government Center, Columbus, Georgia. Honorable W. J. Wetherington, Mayor

presiding.



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PRESENT: Present other than Mayor Wetherington and Mayor Pro Tem Evelyn Turner

Pugh were Councilors R. Gary Allen, Wayne Anthony, Mike Baker, Jerry ?Pops?

Barnes, Glenn Davis, Berry Henderson and Charles E. McDaniel, Jr. City Manager

Isaiah Hugley, City Attorney Clifton Fay and Deputy Clerk of Council Sandra

Davis were also present. Councilor Evelyn Woodson took her seat at 9:17

a.m.



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ABSENT: Councilor Julius H. Hunter, Jr. was absent. Clerk of Council Tiny B.

Washington was also absent.



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INVOCATION: Offered by Dr. Marshall S. McGill- Kingdom Metropolitan Worship

Center.



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PLEDGE OF ALLEGIANCE: Led by students from St. Luke School.

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CITY MANAGER?S AGENDA



AT THE REQUEST OF COUNCILOR ALLEN, THE FOLLOWING RESOLUTION WAS CALLED

UPON AS THE NEXT ITEM OF BUSINESS AND WAS SUBMITTED AND EXPLAINED BY CITY

MANAGER HUGLEY AND ADOPTED BY THE COUNCIL:



A Resolution (35-09) ? Authorizing a request to enter into an agreement

with Columbus Baseball Foundation, Inc., to operate a college league summer

baseball program for the period of February 10, 2009 through August 31, 2010

with an option to renew for one additional term.



City Manager Hugley recognized the presence of Mr. Joe Calloway and asked

that he come forward to make some brief comments with regards to the resolution.



Councilor Allen moved approval. Seconded by Mayor Pro Tem Turner Pugh and

carried unanimously by those nine members present with Councilor Hunter being

absent for this meeting.



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

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EAGLE SCOUTS:



Mayor Wetherington recognized the presence of Mr. Austin Tyce and Mr.

James McMullen. He also called on Captain Pete Tyce- Assistant Scout leader

and military personnel stationed at Ft. Benning. He explained that these young

men are working towards their Eagle Scouts and are preparing to do a community

project. He stated that each scout would complete eight hours of work at the

Valley Rescue Mission.



Captain Pete Tyce, came forward to further expound on the journey the Boy

Scouts have taken in order to obtain their Eagle Scouts.

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CITY ATTORNEY?S AGENDA:



THE FOLLOWING ORDINANCE AMENDING THE ZONING ATLAS OF COLUMBUS, GEORGIA WAS

SUBMITTED BY CITY ATTORNEY FAY AND APPROVED BY THE COUNCIL ON SECOND

READING:





An Ordinance (09-5) - Property located at 6801 and 6923 River Road is

proposed for rezoning from NC (Neighborhood Commercial) zoning district to PCD

(Planned Commercial Development) zoning district. (48-CA-08-North End, LLC) The

proposed use is for a master planned commercial development. Councilor Allen

moved its adoption. Seconded by Councilor Henderson and carried unanimously by

those nine members present with Councilor Hunter being absent from this meeting.



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PUBLIC HEARING:



THE FOLLOWING ORDINANCE RENEWING THE BUSINESS INPROVEMENT DISTRICT IN

COLUMBUS, GEORGIA WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND A PUBLIC

HEARING WAS HELD AS

ADVERTISED:



An Ordinance - Renewing a Business Improvement District in Columbus,

Georgia through December 31, 2014.



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CITY ATTORNEY?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND ADOPTED BY THE COUNCIL:



A Resolution (36-09) - Property located at 2700 1st Avenue is proposed for

a special exception use in a RMF2 (Residential Multi Family 2) zoning district.

The proposed use is for a Personal Care Home Type II.



City Attorney Fay recognized the presence of the petitioner seated in the

audience.



In response to a question of Councilor Baker, Planning Department Director

Rick Jones outlined the classifications of the Personal Care Home Type II by

stating that occupancy is more than six but less than eighteen.



The petitioner, Ms. Tina Stephens, responded to questions from Councilor

Baker regarding the square footage of the facility and expounded further on the

details of the operation.



With there being no other questions asked, Councilor Woodson moved

approval. Seconded by Councilor Barnes and carried unanimously by those nine

members present with Councilor Hunter being absent from this meeting.



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THE FOLLOWING SEVEN RESOLUTIONS EXPRESSING APPRECIATION TO RETIRING

EMPLOYEES WERE SUBMITTED BY CITY ATTORNEY FAY AND THEIR CAPTIONS READ BY MAYOR

PRO TEM TURNER PUGH AND ADOPTED BY THE COUNCIL UPON A SINGLE MOTION MADE BY

MAYOR PRO TEM TURNER PUGH AND SECONDED BY COUNCILOR MCDANIEL, WHICH CARRIED

UNANIMOUSLY BY THOSE EIGHT MEMBERS PRESENT WITH COUNCILOR BARNES ABSENT FOR THE

VOTE AND COUNCILOR HUNTER BEING ABSENT FROM THE

MEETING:



A Resolution (37-09) - Expressing appreciation to Ms. Mary P. Hendricks

upon her retirement from the Clerk of Superior Court after over 24 years of

service.



A Resolution (38-09) - Expressing appreciation to Mrs. Juanita Berry upon

her retirement from the Muscogee Manor & Rehab Center after over 26 years of

service.



A Resolution (39-09) - Expressing appreciation to Mr. Willie C. King upon

his retirement from the Muscogee County Marshal?s Office after 33 years of

service.



A Resolution (40-09) - Expressing appreciation to Mrs. Betty J. Lunsford

upon her retirement from the Columbus Metropolitan Airport after 15 years of

service.



A Resolution (41-09) - Expressing appreciation to Mr. Kenneth H. Reese

upon his retirement from the Muscogee County Park Services after over 24 years

of service.



A Resolution (42-09) - Expressing appreciation to Mr. Billy G. Turner upon

his retirement from the Columbus Water Works after 20 years of service.



A Resolution (43-09) - Expressing appreciation to Ms. Pearlie Hickey upon

her retirement from METRA after 31 years of service.



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THE FOLLOWING FIVE RESOLUTIONS EXPRESSING CONDOLENCES TO THE FAMILY OF

FORMER EMPLOYEES WERE SUBMITTED BY CITY ATTORNEY FAY AND THEIR CAPTIONS READ BY

MAYOR PRO TEM TURNER PUGH AND ADOPTED BY THE COUNCIL UPON A SINGLE MOTION MADE

BY MAYOR PRO TEM TURNER PUGH AND SECONDED BY COUNCILOR ALLEN, WHICH CARRIED

UNANIMOUSLY BY THOSE NINE MEMBERS PRESENT WITH COUNCILOR HUNTER BEING ABSENT

FROM THE MEETING:







A Resolution (44-09) - Conveying condolences to the family of Mr. Orvin R.

Helton, employee with Muscogee County Public Services, who passed away on

November 18, 2008.



A Resolution (45-09) - Conveying condolences to the family of Mr. Fletcher

Owens, Jr., employee with Muscogee County Public Services, who passed away on

November 20, 2008.



A Resolution (46-09) - Conveying condolences to the family of Mr. Earl B.

Neel, Sr., employee with Columbus Police Department, who passed away on

November 20, 2008.



A Resolution (47-09) - Conveying condolences to the family of Mr. W. H.

McHargue, employee with Columbus Fire Department, who passed away on November

29, 2008.



A Resolution (48-09) - Conveying condolences to the family of Mr. William

S. White, employee with Columbus Police Department, who passed away on January

11, 2009.



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EXECUTIVE SESSION:



City Attorney Fay requested an executive session to discuss acquisition of

real estate and litigation.

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PUBLIC AGENDA:



MR. FRANK MARTIN, RE: MUSCOGEE COUNTY SHERIFF?S

OFFICE:



Mayor Wetherington advised that Mr. Frank Martin has cancelled his

appearance before the Council today.

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CITY MANAGER?S AGENDA:



THE FOLLOWING FOUR RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY

MANAGER HUGLEY AND ADOPTED BY THE COUNCIL:





A Resolution (49-09) - Authorizing a request for the investment of

Columbus Consolidated Government funds in the local government investment pool

known as "Georgia Fund I" operated by the State Office of Treasury and Fiscal

Services.



Councilor Allen moved approval. Seconded by Councilor Woodson and carried

unanimously by those nine members present with Councilor Hunter being absent

from this meeting.



A Resolution (50-09) - Authorizing a request for the implementation of the

U.S. Citizenship /Immigration Services Department of Homeland Security

Systematic Alien Verification for Entitlement (SAVE) Program that would allow

our government to verify the citizenship and immigration status information of

applicants requesting permission/license to operate a regulated business and

those seeking CDBG/HOME housing assistance. Mayor Pro Term Turner Pugh moved

approval. Seconded by Councilor McDaniel and carried unanimously by those nine

members present with Councilor Hunter being absent from this meeting.



Councilor Woodson pointed out that there is nothing mentioned with regard

to individuals that are seeking businesses and CDBG funding assistance or

individuals that have a resident card. She explained that individuals that

have a resident card are waiting to be sworn in as citizens. She also asked

questions regarding how the service would be administered to make sure there is

no racial profiling that exist.



A Resolution (51-09) - Authorizing a request to submit an application and

if approved accept funds from the Judicial Council of Georgia Standing

Committee on Accountability Courts for the operation of a Juvenile Drug Court

Program. Councilor Allen moved approval. Seconded by Councilor Woodson and

carried unanimously by those nine members present with Councilor Hunter being

absent from this meeting.



A Resolution (52-09) - Authorizing a request submit an application and if

approved accept funds from the U.S. Department of Justice, Office of Justice

Programs' Bureau of Justice Assistance for the operations of a Juvenile Drug

Court Program.



City Manager Hugley advised that this is a $250,000 grant, and there is a

20% match if the City is approved for the funds. Councilor Woodson moved

approval. Seconded by Councilor Allen and carried unanimously by those nine

members present with Councilor Hunter being absent from this meeting.



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THE FOLLOWING THREE PURCHASING RESOLUTIONS HAVING BEEN INCLUDED WITH THE

CITY MANAGER?S AGENDA WERE SUBMITTED AND EXPLAINED BY CITY MANAGER HUGLEY AND

DELAYED AT THE REQUEST OF COUNCILOR MCDANIEL:



A Resolution - Authorizing the purchase of one (1) mid-size sport utility

vehicle, via Georgia State Contract, SWC s-050483, from Allan Vigil Ford,

(Morrow, Ga) in the amount of $21,869.00.



A Resolution - Authorizing the purchase of three (3) regular cab, 4x2

pickup trucks, via Georgia State Contract, SWC s-050483, from Allan Vigil Ford,

(Morrow, Ga) in the amount of $43,132.00.



A Resolution - Authorizing the purchase of one (1) regular cab, v8 long

bed, 4x2 pickup truck, via Georgia State Contract, SWC s-050483, from Allan

Vigil Ford, (Morrow, Ga) in the amount of $20,358.00.



Councilor McDaniel called attention to the vehicles to be purchased are

being awarded to out-of-town vendors through the State contract. He then asked

if these bids were put out locally and if not why? City Manager Hugley said

that he does not believe they were put out for bid locally.



City Manager Hugley briefly explained that vendors in Columbus and across

the State have the opportunity to participate in the State contract. He said

that we could do specs on every single vehicle each time we are going out for

one vehicle, if the Council wants us to. Councilor McDaniel pointed out that

the local auto dealers are hurting right now, and they pay taxes in Columbus.

He then made a motion to rebid these contracts. Seconded by Councilor Barnes.

Mayor Wetherington also expressed concerns with the lost of revenue for local

auto dealerships.



City Manager Hugley reiterated that we could do the specs and bid out

every project locally and compare with the State contract. City Manager Hugley

also mentioned that there are emergency situations where vehicles are totaled

and replacements are needed fairly quickly and purchasing it off the State

contract we could have the replacement vehicle in a couple of weeks, and with

the bid process, it may take up to six weeks or more.



Councilor Henderson requested that with the current state of the economy,

let?s have the staff to review the bidding process and bring to Council a more

streamline process for this year. He pointed maintained there should not be a

lapse in service while we are trying to replace these vehicles. He said we

know what vehicles are on the replacement schedule; therefore, those vehicles

should go out for bid. However, he explained the State contract is a useful

tool for the City to fill gaps in a short amount of time.



Councilor Barnes said we want to be inclusive of the local vendors; then,

recalled the motion of Councilor McDaniel to rebid the vehicle purchases, in

which he had made the second. City Manager Hugley made a correction by stating

that the purchases were not bidded out, because we were buying off the State

contract. He said that if the Council wants us to bid it out, we would do so,

because we are not obligated to buy these vehicles off the State contract.

City Manager Hugley said that we would pull these vehicles and bid them out.



After some continued discussion on this matter, Councilor McDaniel

withdrew his motion to rebid the vehicle purchases. Mayor Pro Tem Turner Pugh

thn made the motion to approve purchase items ?b? and ?e - m?. Seconded by

Councilor Barnes.



Councilor Woodson suggested the staff prepare a broadcast on CCG-TV

regarding the bidding process, because local businesses may not be aware of the

local preference.



Mayor Wetherington called attention to the motion on the floor to approve

items ?b? and ?e - m?, which carried unanimously by those nine members present

with Councilor Hunter being absent from this meeting. This vote approved the

purchase items listed below.



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THE FOLLOWING TEN PURCHASING RESOLUTIONS HAVING BEEN INCLUDED 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

MAYOR PRO TEM TURNER PUGH AND SECONDED BY COUNCILOR BARNES, WHICH CARRIED

UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT WITH COUNCILOR HUNTER

BEING ABSENT FROM THIS MEETING:

A Resolution (53-09) - Authorizing the purchase of one (1) 12-passenger van,

via Georgia State Contract, SWC s-050483, from Allan Vigil Ford, (Morrow, Ga)

in the amount of $22,766.00.



A Resolution (54-09) - Authorizing the purchase of one (1) cab and chassis

from Beck Motor Company (Albany, Ga), in the amount of $61,787.00.



A Resolution (55-09) - Authorizing payment to Motorola (Schaumburg, Il) in

the amount of $36,807.48 for mobile data terminal hardware maintenance.



A Resolution (56-09) - Authorizing payment to CGI-AMS, Inc., (Fairfax,

Va), in the amount of $241,020.00 for the annual software maintenance support

of the LGFS/GHRS systems.

A Resolution (57-09) - Authorizing payment to IBM Corporation, in the

amount of $90,287.30, for the lotus notes annual license renewal.



A Resolution (58-09) - Authorizing the purchase of one (1) Hazprobe for

Rometec Andros Robot from Wolstenholme Aeromed, Inc., (Colmar, Pa), in the

amount of $29,999.00.



A Resolution (59-09) - Authorizing the emergency purchase of furniture

from The Overby Company, in the amount of $15,593.76, for Lake Oliver Marina.

The purchase is made via Georgia Statewide Contract #60748.



A Resolution (60-09) - Authorizing to declare one (1) fire truck (Vehicle

#3120), and attached equipment, as surplus, in accordance with section 7-501 of

the Charter of Columbus Consolidated Government; and authorizing the donation

of the surplus vehicle and equipment to the Fort Perry Volunteer Fire

Department of Fort Perry, Georgia.



A Resolution (61-09) - Authorizing the purchase of one (1) trailer mounted

6? water pump from Volvo Rents (Columbus, Ga) in the amount of $12,885.00.



A Resolution (62-09) - Authorizing payment to Lightspeed Datalinks for the

following services: 1) payment in the amount of $25,960.00 as final payment

for labor charges for the Judicial Arraignment System; 2) payment in the amount

of $33,366.00 for monthly maintenance charges for the Muscogee County Jail

Visitation Project, for the remainder of FY09 (6 months @ $5,561); and 3)

payment in the amount of $8,100.00 for monthly maintenance for the Judicial

Arraignment System for the remainder of FY09 (6 months @ $1,350).



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THE FOLLOWING ADD-ON RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY

MANAGER HUGLEY AND ADOPTED BY THE COUNCIL:





A Resolution (63-09) - Authorizing the execution of Federal Aviation

Administration Grant Airport Improvement Program (AIP) Project No.

3-13-0035-032-2009. Councilor Allen moved approval. Seconded by Councilor

Barnes and carried unanimously by those nine members present with Councilor

Hunter being absent from this meeting.

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PRESENTATIONS:



ICE RINK:



City Manager Hugley called attention



Deputy City Manager David Arrington approached the rostrum and provided

the following power point presentation regarding the Columbus Ice Rink.



Overview



Design Options

Level III

Level II



Seek Council guidance on scope of design



Level III Design:

Ice rink only with permanent bleacher seating (250) and retractable seating

(150)

No air conditioning for arena

No sprinkler system

Restrooms as required by code

Cost estimate - $6,940,193 to $8,482,446 (+/- 10%)



Level III Cost Estimate with Additional Improvements



Level III Design Probable Cost Estimate $8,357,520



Description Probable Cost Estimate Cumulative

Level III Design $7,711.315 $7,711,315

Air Conditioning $578,580 $8,289,895

Fixed Seating 250 Seats $67,625 $8,357,520





Level II Design Probable Cost Estimate $9,059,560



Level II Design:



Ice rink capable of multiple functions (basketball, corporate events, etc.)

Individual fixed seating (250) with additional retractable (150) and floor

seating, event seating approximately 2,000

Air conditioning - 19,286 sf

Sprinkler system - 35,680 sf

Additional 2,500 sf for restrooms, based on higher occupancy

Cost estimate - $8,092,741 to $9,891,128 (+/- 10%)





Design Proposed Use Seating Capacity Cost Estimate ($ million)

III Ice Rink Bench 400 $6.9 - $8.4

II Multi Purpose (Ice Rink, Basketball, Corporate Events, etc.) Individual fixed,

Retractable, Floor Seating 2,000 $8.0 - $9.8





With regards to the air conditioning component, Mayor Pro Tem Turner Pugh

asked about putting in the system after construction, at which time, Deputy

City Manager Arrington suggested that there may be some structural matters that

may have to be addressed; therefore, if there are thoughts of adding air

conditioning, now would be the time to do so.



Councilor Baker expressed some concerns with a multi-purpose facility,

because public ice skating and use of the ice rink may become secondary to

other uses at the facility.



As a result of the presentation, the following referrals were made by

Council and are listed as follows:



Prepare a report to show the expected revenue over the next five to ten

years if this were a multi-purpose facility. (Request of Councilor Henderson)



Also, within the report, provide a breakdown of revenue versus expenses to

find the breakeven point for a multi-purpose facility. (Request of Councilor

Anthony)



Also, calculate the usage in the formula when providing the breakdown,

because the number of leagues should increase once the ice rink opens.

(Request of Councilor Allen)



In conclusion, Councilor Woodson made a motion to approve Level II design

and allow the Administration to proceed with the design. Seconded by Councilor

Barnes and carried unanimously by those nine members present with Councilor

Hunter being absent from this meeting.

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CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING RESOLUTION WAS CALLED ON AS THE NEXT ITEM OF BUSINESS AND

READ IN ITS ENTIRETY BY COUNCILOR ALLEN AS SUBMITTED BY DEPUTY CLERK OF COUNCIL

DAVIS AND ADOPTED BY THE

COUNCIL:



A Resolution (64-09) - Approving the naming of Field One at South Commons

in honor of the late Ms. Janice Davis. Councilor Allen moved adoption.

Seconded by Councilor Woodson and carried unanimously by those nine members

present with Councilor Hunter being absent from this meeting.



Former Purchasing Director and mother of Ms. Janice Davis, Ms. Omagene

Holland came forward to express her appreciation for this honor.



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PRESENTATIONS (CONTINUED):



LOCAL OPTION SALES TAX:



City Manager Hugley called upon Finance Director Pam Hodge and Deputy City

Manager Arrington to provide a power point presentation on the Local Option

Sales Tax.



Finance Director Pam Hodge, approached the rostrum to provide the first

portion of the power point presentation and is outlined as follows:



Local Option Sales Tax:



July 15, 2008 - LOST Election

July 29, 2008 - Advance funding of the hiring of 100 Police Officers from the

Continental Carbon Settlement

January 1, 2009 - LOST became effective

March 2009 - Receive January 2009 collections



Police Department



35 Officers as of January 31, 2009 $302,585

Officer Evaluation and Testing $ 1,900

Advertising / Recruiting Costs $ 8,143

Equipment $451,748

Weapons, radios, safety vests, boots, gloves, flashlights, baton, body armor,

uniforms



TOTAL $764,376



Mayor Pro Tem Turner Pugh asked if all of the slots in the Police

Department?s budget were filled? Finance Director Hodge explained they are

filled; whenever, a slot becomes vacant out of the general fund funding, that

slot is filled first before we start pulling the local option sales tax slots.



Funding Summary



Continental Carbon Settlement $3,462,000

Expenditures thru Jan. 31, 2009 $ 764,376

Balance $2,697,624



*Total amount expended will be refunded from the LOST to the General Fund after

revenue has been collected.



Deputy City Manager David Arrington, came forward to complete the power

point presentation and is listed as follows:



LOCAL OPTION SALES TAX ? PUBLIC SAFETY INFRASTRUCTURE PROJECTS:



LOST Plan Allocation:



Fiscal Year 2009 2010 2011 2012 2013 2014 2015 2016



LOST Revenue Projections

$18.0

$36.4

$36.8

$37.1

$37.5

$37.9

$38.2

$38.6

Reserve for 2010 Rollback $18.0 $17.0 $0 $0 $0 $0 $0 $0

70% Public Safety $13.6 $25.8 $26.0 $26.3 $26.5 $26.7 $27.0

30% Roads and Infrastructure $5.8 $11.0 $11.1 $11.2 $11.4 $11.5 $11.6



Fiscal Year 2009 2010 2011 2012 2013 2014 2015 2016



Public Safety Personnel

$0

$5.7

$12.8

$15.6

$19.1

$20.1

$21.1

$22.0

Public Safety Ops/Capital $0 $7.9 $10.0 $7.4 $4.2 $3.4 $2.6 $2.0

Public Safety Facility Financing $0 $0 $3.0 $3.0 $3.0 $3.0 $3.0 $3.0

Total Public Safety $0 $13.6 $25.8 $26.0 $26.3 $26.5 $26.7 $27.0



Preliminary List of Public Safety CIP Projects



Station 2 Replacement

Station 9 Replacement

911 Center Console Expansion

High Performance Data Upgrade



Station 2 Replacement - 1437 29th Street



Department of Corrections available in April / May to begin construction

City will still have to contract some aspects of construction not performed by

DOC

Projected cost for station construction, equipment and apparatus $1,675,000

Funds are available in 2003A Bond through interest earnings and project saving

to fund this project



Station 9 Replacement - 4020 Jay Street



Station constructed in 1958

Large storm water culvert runs through current location prohibiting

construction on existing lot

Design is in progress

Property search underway



911 Console Upgrade



Additional consoles to serve new beat officers and new 911 capabilities

Consoles software / hardware must be ordered and delivered by end of the year

to insure integration with existing equipment

Upgrade will require expansion of 911 Center

Projected costs - $521,000



High Performance Data (HPD)



Upgrade of mobile data system infrastructure to high speed system

19.2 kbs to 96 kbs

Projected costs $1,500,000

Data transfer delay already occurring during peak hours

Current modems not available at end of year

New vehicles will be ordered with 96 kbs modems



Recommendation



Fund Station 2 construction and equipment with interest earnings from 2003A

Bond issue.

Fund 911 console upgrade and infrastructure for HPD system with fund balance to

be reimbursed with LOST funds when available in FY 2010



Councilor Allen asked about the preparation that has been made for the new

police officers that are coming on board for new vehicles. Deputy City Manager

Arrington said that he does not have that information today, but that has been

discussed. He then mentioned the vehicle replacement cycle that the Police

Department has in place.



Councilor Allen suggested beginning the process of purchasing vehicles

starting with the Police Department. He also made mention of the $2.7 million

that is left from the Continental Carbon settlement. City Manager Hugley

recalled that Deputy City Manager Arrington was proposing to use money out of

the fund balance for the 911 console upgrade and infrastructure for HPD

system. Councilor Allen said that he would prefer that we not go into the fund

balance if we did not have to.



Mayor Pro Tem Turner Pugh requested the Police Chief and staff to prepare

a report on where we are with police vehicles and the replacements. She also

requested that staff prepare a report on how much it costs the city to operate

E-911 and how much the city actually collects for operation.



Councilor Woodson asked how much it cost to equip a police officer, at

which time, Finance Director Hodge determined that it is approximately $50,000

and that does not include vehicles.



Mayor Wetherington responding to Councilor McDaniel estimated that it

takes between six to eight months for a police officer new hire to complete the

training and receive a vehicle.



At the conclusion of the presentation, City Manager Hugley reiterated the

recommendations of the Administration and are listed as follows:



- Fund Fire Station II and authorize the staff to move forward with the

construction and equipment with interest earnings from 2003A Bond issue.

Councilor Allen moved approval. Seconded by Councilor Woodson and carried

unanimously by those nine members present with Councilor Hunter being absent

from this meeting.



- Purchase of 911 console upgrade and infrastructure for HPD system with

fund balance to be reimbursed with LOST funds when available in FY 2010.

Councilor Barnes moved approval. Seconded by Councilor Allen and carried

unanimously by those nine members present with Councilor Hunter being absent

from this meeting.



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ALCOHOL BEVERAGE ORDINANCE:



City Manager Hugley briefly explained that primarily it would allow some

flexibility for restaurants wanting to locate in certain areas in particular

the Columbus South area.



Finance Director Hodge stated that the proposed alcoholic beverage

ordinance revisions in Chapter Three of the Columbus Code are as follows:



She explained that most of these are typographical errors within the

Chapter and briefly highlighted each. Finance Director Hodge continued with

the power point presentation as listed below:



Section 3-1. Definitions

Section 3-1(f)(4) to be revised to identify the correct subsection that defines

adult oriented establishment. (Section 3-1(p) defines ?adult oriented

establishment?; section 3-1(q) defines ?employee?)



Section 3-1(h) to be revised to be more specific in identifying the terminology

of a non-profit organization to read ?private club? rather than ?club? as to

not confuse the terminology as a nightclub.



Section 3-1(n) revised to reflect current zoning classifications in the (UDO)

Unified Development Ordinance. The former zoning district was C-1, the new

zoning district for C-1 is UPT.



Section 3-1(cc) to be revised to correct typographical error in the spelling of

Importer.





Section 3-5. Prohibited Locations



Section 3-5(a) revised to reflect current zoning classifications in the (UDO)

Unified Development Ordinance and correct the terminology of club to private

club.

City Playground to be revised to be more specific in identifying public

recreational facilities / areas.



Section 3-5(c) revised to clarify what is not considered a school in this

Chapter.



Section 3-5(d) revised to correct the terminology of club to private club.



Section 3-7. Procedure for applying for licenses and for certifying employees



Section 3-7(b) Under the new revision, Section 3-7(b) to be deleted in its?

entirety to be replaced by a new subsection (b) to recognize the present police

background check forms that are utilized and clarify persons who have to submit

police waiver forms with alcoholic beverage applications.



Section 3-7(c) revised to identify the correct subsection that defines adult

oriented establishment. (Section 3-1(p) defines ?adult oriented

establishment?; section 3-1(q) defines ?employee?.



Section 3-5(a) revised to reflect current zoning classifications in the (UDO)

Unified Development Ordinance and correct the terminology of club to private

club.



Section 3-12. Regulations for the sale of alcoholic beverages for consumption

on the premises--Generally.



Section 3-12(k) to be revised to correct typographical error in the spelling of

?on?.



Section 3-12(l) established guidelines on the use of outside areas deemed a

patio or deck of a licensed establishment.







Section 3-20. Administrative rules.



Section 3-20(c) allows any agent of the City to randomly inspect an

establishment that has an alcoholic beverage license for compliance.



Section 3-20(d) establishes grounds for penalizing anyone operating without a

valid alcoholic beverage license.



City Manager Hugley advised that we would bring this ordinance back on a

separate ordinance amendment change. He pointed out that we would keep these

two ordinance separated.



Councilor Allen suggested adding ?at any time? with regards to random

inspections. Finance Director Hodge welcomed the addition of this language.



At this time, Deputy City Manager David Arrington came forward to complete

the power point presentation with regards to the Traditional Restaurant

Addition and is listed as follows:



Traditional Restaurant Addition



Proposed Addition of ? 3-1(ee) to the Columbus Code.



?(ee) Traditional Restaurant: An established place of business located in

the UPT, CRD, GC, NC AND CO Zones, which meet all of the following criteria:

(1) Promotes the sale of prepared food as a dominant part of the business.

(2) Licensed to sell mixed drinks for consumption on the premises only;

(3) Provides adequate facilities and sufficient employees for cooking or

preparing and serving such meals for consumption at tables in dining rooms on

the premises;

(4) Derives at least 80 percent of its gross revenue from the sale of such

meals prepared, served, and consumed on the premises;

(5) Provides no adult entertainment as described in section 3-1(p) of the

Code;

(6) Imposes no fees for cover charges, fees for admission or entrance, viewing

fees/pay per view fees or fees for contests/tournaments or live entertainment,

nor allows an independent individual to charge fees for cover charges,

admission or entrance, viewing fees or fees for contests/tournaments or live

entertainment on the premises. No live entertainment shall be permitted on the

premises.

(7) Does not promote or allow tournaments or contests of skill, dexterity,

strength, or talent;

(8) Serves food during all hours of operation.

(9) Impose no age restrictions during any of its hours of operations.

(10) Restaurants permitted under this section shall be prohibited from

conducting outdoor sales of alcoholic beverages on the public right-of-way or

patios and decks.

(11) Musical instruments or sound reproduction devices shall not be operated

or used within a patio/deck or on public right-of-way

(12) Owners, applicant, managers and employees shall be responsible for keeping

a clean, orderly place, and no patrons shall be allowed to stand, sit, mingle

or assemble outside the building in parking lots or automobiles while drinking

alcoholic beverages or causing a disturbance of any kind.

(13) From Sunday through Thursday, the normal operating hours shall be between

6:01 am and 11:00 pm. From Friday through Saturday, the normal operating hours

shall be between 6:01 am and 12 midnight. No customer shall be permitted to

remain on the premises for more than 20 minutes after the normal operating

hours.?



Section 3-1 Definitions.

Sec. 3-1(ee) establishes a new category for a restaurant that will have more

restrictive activities to provide for less restrictive distance requirements at

proposed locations.



Section 3-5 Prohibited locations.

Sec. 3-5(l) establishes unrestrictive distance requirements for ?Traditional

Restaurants?.



Councilor Baker asked if there were distance restrictions regarding

traditional restaurants located close to one another? Deputy City Manager

Arrington advised that currently there are no restrictions for them locating

side by side.



Councilor Davis suggested adding language with regards to adequate parking

to avoid conflict between property owners. Deputy City Manager Arrington

explained that each facility would have to fall under the Code requirement

outlined in the Unified Development Ordinance.



Councilor Anthony requested the staff to provide this information on

traditional restaurants to some of the neighborhood associations that are in

these areas to get their input.



City Manager Hugley recognized the presence of President-Ceo of Uptown

Columbus, Inc. and Columbus South Lynette Gross are aware of this ordinance and

Midtown, Inc. President Teresa Tomlinson is aware of it.



After some additional discussion, City Manager Hugley said that we would

bring this ordinance back on first reading at the next meeting, March 24,

2009. Councilor Anthony suggested bringing it back after the neighborhood

organizations have had an opportunity to discuss it.



Councilor Woodson pointed out this matter has been discussed in the public

and suggested that the ordinance come forward at the next meeting. She pointed

out that we have restaurants that are waiting to locate in Columbus South.



Councilor Barnes said that he is in favor of this ordinance but wants to

make sure that other citizens that are not with these specific organizations an

opportunity to express their views.



Yvonne Ivey, Business license Division Manager, came forward to respond to

a question of Councilor Baker by stating that depending on when the applicants

receive their license and also when they receive their State license would

determine how we access the fees. She explained that when a restaurant comes

into our municipality, they would have to go through a ninety-day compliance

audit and that would apply to the traditional restaurant as well; in ninety

days, we would be out to do a compliance audit.



Councilor Woodson called for both ordinances to come on first reading for

the March 24, 2009 Council Meeting. She said that at that time, if there are

further questions or concerns, we could delay it.



Councilor Davis asked for the Administration to schedule a public meeting

to discuss this matter with the public. City Manager Hugley said that we would

announce a public session for one evening next week in this Council Chamber.





CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEMS WERE SUBMITTED BY DEPUTY CLERK OF COUNCIL DAVIS AS

INFORMATION FOR THE MAYOR & COUNCIL:







(1) ACCG?s Legislative Update, Volume 19, Number 3 - January 29, 2009.



(2) Notice of ACCG?s 2009 Annual Meeting, April 25 ? 28, 2009, in Savannah,

Georgia.



(3) Notice of GMA?s 2009 Annual Convention, June 20 ? 23, 2009, in Savannah,

Georgia.



(4) Memorandum from ACCG, Re: County Responsibility for Indigent Health Care.



(5) Memorandum from Clerk of Council Washington, Re: Cell Towers.



(6) Memorandum from Clerk of Council Washington, Re: GMA District Officers.



(7) Copy of Muscogee County School District GASB 34 Compliant Comprehensive

Annual Financial Report for the Fiscal Year Ended June 30, 2008.



*** *** ***



THE FOLLOWING RESOLUTION WAS SUBMITTED BY DEPUTY CLERK OF COUNCIL DAVIS AND

APPROVED BY THE

COUNCIL:





A Resolution (65-09) - Excusing Councilor Julius Hunter, Jr. from the

February 10, 2009 Council Meeting. Councilor Henderson moved approval.

Seconded by Councilor Woodson and carried unanimously by those eight members

present with Councilor McDaniel being absent for this vote and Councilor Hunter

being absent from this meeting.



*** *** ***



THE FOLLOWING ITEM WAS SUBMITTED AND EXPLAINED BY DEPUTY CLERK OF COUNCIL DAVIS

AND APPROVED BY THE

COUNCIL:



Letter from Mr. David McMicken advising that the Medical Center Hospital

Authority has appointed Mr. Michael Eddings to replace Mrs. Carlton Franklin

and Mr. Edward Griffin was reappointed for another term of office. Councilor

Henderson moved confirmation. Seconded by Mayor Pro Tem Turner Pugh and

carried unanimously by those eight members present with Councilor McDaniel

being absent for this vote and Councilor Hunter being absent from this

meeting.



*** *** ***



THE FOLLOWING THREE ITEMS WERE ALSO SUBMITTED AND EXPLAINED BY DEPUTY CLERK OF

COUNCIL DAVIS AND APPROVED BY THE COUNCIL:



Letter from Mrs. Kim Peters resigning from her position on the Hospital

Authority of Columbus.



Letter from Mr. David Sofferin submitting the resignation of Mr. Joseph

Gosha on the West Central Georgia Regional Mental Health, Developmental

Disabilities and Addictive Diseases Planning Board.



Letter from Mr. Steven D?Ostroph resigning from his position on the

Community Development Advisory Council.



Councilor Allen moved the three board resignations be received with

regrets and thanks for service. Seconded by Councilor Henderson and carried

unanimously by those nine members present with Councilor Hunter being absent

from this meeting.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY DEPUTY CLERK OF COUNCIL

DAVIS AND OFFICIALLY RECEIVED BY THE

COUNCIL:



Airport Commission, December 17, 2008.

Board of Health, November 19, 2008.

Board of Honor, February 5, 2008.

Board of Tax Assessors, Nos. 02-09 & 03-09.

Convention & Trade Center, December 4, 2008.

Community Development Adv. Council, December 16, 2008.

Development Authority, December 4 & 11, 2008.

Development Authority, January 8, 2009.

Family & Children Services, January 28, 2009.

Golf Authority, October 28, 2008.

Hospital Authority, October 29, 2008.



Councilor Allen moved approval. Seconded by Councilor Woodson and carried

unanimously by those nine members present with Councilor Hunter being absent

from this meeting.



*** *** ***

BOARD APPOINTMENTS:



COMMISSION ON INTERNATIONAL RELATIONS & CULTURAL LIAISON ENCOUNTERS

(CIRCLE):



Deputy Clerk of Davis advised that Mayor Wetherington is continuing to work

on a nomination for the position of Ms. Shirley Jaeger, who has resigned.



*** *** ***



CONVENTION & VISITORS BOARD OF COMMISSIONERS:



Deputy Clerk of Council Davis recommended that the following appointments

be delayed until the next Council Meeting: Ms. Elizabeth Barker, Mr. Bruce

Smith and Mr. Brian Plemmons.



*** *** ***



COOPERATIVE EXTENSION ADVISORY BOARD:



Deputy Clerk of Council Davis advised that we still need a nomination for

the position of Rev. Joseph Roberson, who does not desire to be reappointed.

There were none.



*** *** ***



COMMUNITY DEVELOPMENT ADVISORY COUNCIL:



Deputy Clerk of Council Davis advised that we still need a nomination for

the position of Mr. Bryan Stone- Council District Two and the late Mr. Homer

Kuhl- Council District Five. There were none.



*** *** ***



HISTORIC & ARCHITECTURAL REVIEW BOARD:



Deputy Clerk of Council Davis pointed out that Mr. Charles Beall- Liberty

Culture Center representative, Ms. Virginia Peebles- Historic District Resident

representative and Mr. John Sheftall- Historic District Resident representative

are all eligible to serve another term of office. Councilor Henderson then

reappointed all three incumbents, at which time, Deputy Clerk of Council Davis

informed Council that Mr. Beall serves in the Liberty Culture Center seat and

we have been in contact with this organization. Councilor Henderson stated

that his reappointment of this seat is contingent upon the organization.



*** *** ***



HOSPITAL AUTHORITY OF COLUMBUS:



Deputy Clerk of Council Davis advised that we still need three nominations

for each of the two positions of Mr. Thomas Gurr, who has resigned and Ms.

Nancy Rinn, who is ineligible to serve another term. There were none.



*** *** ***



TAXICAB COMMISSION:



Deputy Clerk of Council Davis advised that we still need nominations for

the position of Mr. James Nash, who serves in the at-large seat and Mr. Robert

Kidd, who serves as the Chamber representative. Deputy Clerk of Council Davis

pointed out that we have been in contact with the Chamber of Commerce regarding

the vacancy of Mr. Kidd.



Deputy Clerk of Council Davis stated that Councilor Henderson renominated

Mr. James Brooks and Ms. Diane Quick to serve another term of office and may be

confirmed. Councilor Henderson moved confirmation. Seconded by Councilor

Allen and carried unanimously by those nine members present with Councilor

Hunter being absent from this meeting.



At this time, Mayor Wetherington asked if there was anyone in the audience

that had a matter to bring before the Council.



*** *** ***



BROWN AVENUE BRIDGE:



Councilor Woodson asked City Manager Hugley to provide her an update on

the Brown Avenue bridge.



*** *** ***



EXECUTIVE SESSION:



Mayor Wetherington called attention to the earlier request to go into

executive session to discuss acquisition of real estate and litigation. Mayor

Pro Tem Turner Pugh moved for the Council to go into executive session.

Seconded by Councilor Woodson and carried unanimously by those eight members

present with Councilor Barnes being absent for this vote and Councilor Hunter

being absent from this meeting.



At 11:51 a.m., the Council adjourned its regular meeting to go into executive

session. At 12:26 p.m., the regular meeting was reconvened, at which time,

Mayor Wetherington announced that the Council did meet in executive session to

discuss real estate acquisition and litigation, but there were no votes taken.



*** *** ***



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

Henderson made a motion for adjournment. Seconded by Mayor Pro Tem Turner Pugh

and carried unanimously by those seven members of Council present with

Councilors Anthony and Woodson being absent for this vote and Councilor Hunter

being absent from this meeting with the time being 12:26 p.m.





Sandra T. Davis

Deputy Clerk of Council

The Council of Columbus, Georgia







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