MINUTES
COUNCIL OF COLUMBUS, GEORGIA
REGULAR MEETING
JANUARY 12, 2010
The regular meeting of the Council of Columbus, Georgia was called to
order at 9:02 A.M., Tuesday, January 12, 2010, 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, Berry Henderson, Julius H. Hunter, Jr., Charles E. McDaniel, Jr. and
Evelyn Woodson. Councilor Glenn Davis took his seat at the table at 9:04 a.m.
City Manager Isaiah Hugley, City Attorney Clifton Fay and Deputy Clerk of
Council Sandra Davis were also present.
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ABSENT: Clerk of Council Tiny B. Washington was absent.
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INVOCATION: Offered by Rev. Gerald B. Goodman- St. Mary?s Road United Methodist
Church.
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PLEDGE OF ALLEGIANCE: Led by students from Dimon Elementary Magnet Academy.
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PROCLAMATIONS:
?UNITY MONTH?:
With Reverend Gerald B. Goodman, Ms. Terri Parodi, and Ms. Lonya Jackson
Sarden standing at the Council table, Councilor Baker read the proclamation of
Mayor Wetherington, proclaiming the month of January 2010 as ?Unity Month? in
Columbus, Georgia.
Reverend Gerald B. Goodman, announced some event dates for celebrating
unity and diversity. Ms. Parodi also announced the MLK Unity Parade this
Saturday, January 16, 2010.
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?MLK PRIDE MONTHS CLEAN UP DRIVE?:
With the daughter of the late Mr. Lonnie Jackson, Ms. Lonya Jackson Sarden
standing at the Council table, Councilor Anthony read the proclamation of Mayor
Wetherington, proclaiming January 8 - February 27, 2010 as ?MLK Pride Months
Clean Up Drive? in Columbus, Georgia.
Ms. Lonya Jackson Sarden, came forward to lead everyone in reciting the
Anti-Litter Pledge.
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?STOP CRIME, STOP VIOLENCE, SAVE THE YOUNG PEOPLE DAY?:
With Reverend Willie Phillips, George Hampton, Michael Williams, Charles
Heath and Theresa Phillips standing at the Council table, Councilor Davis read
the proclamation of Mayor Wetherington, proclaiming Tuesday, January 12, 2010
as ?Stop Crime, Stop Violence, Save The Young People Day? in Columbus, Georgia.
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MAYOR?S AGENDA
WITH MS. LUCILLE LAMBERT- THE WIFE OF THE LATE MR. WEBSTER FRANKLYN
LAMBERT PRESENT, THE FOLLOWING RESOLUTION WAS SUBMITTED AND READ IN ITS
ENTIRETY BY COUNCILOR MCDANIEL AND ADOPTED BY THE COUNCIL:
A Resolution (1-10) - Expressing sincere condolences and deepest sympathy
to the family of Webster Franklyn Lambert, who passed away on October 5, 2009.
Councilor McDaniel moved its adoption. Seconded by Councilor Hunter and
carried unanimously by those ten members present for this meeting.
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CITY MANAGER?S AGENDA:
AT THE REQUEST OF CITY MANAGER HUGLEY, THE FOLLOWING RESOLUTION WAS CALLED
UP AS THE NEXT ORDER OF BUSINESS AS SUBMITTED AND EXPLAINED BY CITY MANAGER
HUGLEY AND WAS APPROVED BY THE COUNCIL:
A Resolution (2-10) - Authorizing a request to approve for the Columbus
Building Authority (CBA) to issue Lease Revenue Bonds, Series 2010 in the
accordance with Resolution No. 343-09 and hereby approves the actions taken by
the Authority and officials described in the Preamble to this resolution.
City Manager Hugley recapped the experience of Mr. Jim Pernell and Mr. Ed
Sprouse in working with the City on various projects to include moving forward
with SPLOST projects. He said we are now requesting the Council to approve the
Columbus Building Authority to issue lease revenue bonds in the amount of
$131,500,000 where specific projects are outlined in accordance with a
resolution approved in late 2009. He then summarized an email he received from
our financial advisor, Mr. Robert Morrison, reporting that Columbus has been
upgraded to a rating of AA+ with a stable outlook. He read excerpts that
Columbus is among the highest rated municipal credits not only in the State of
Georgia but also in the United States. He then called upon Mr. Jim Pernell to
make some comments.
Mr. Jim Pernell, said because of excellent financial reporting over the
years, combined with strong city managers this has resulted in this continual
upgrade in the credit to AA2 by Moodies and AA+ by Standards and Poors.
Mr. Ed Sprouse, also made comments with regards to the credit rating,
which would result in a lower cost of funds. He said that we should get a
better interest rate for the City on the bond issue that is being done.
Finance Director Pam Hodge approached the rostrum and noted that we have
really been rewarded for our conservative approach, and our levels that we keep
in fund balance by this credit rating score. She said this resolution is to
confirm what was presented in Resolution No. 343-09, which approves the
preliminary official statement, the notice of sale, executes the final official
statement, completes the bond issue and closes it; we are expected to close the
bond issue by the end of January.
Councilor Henderson moved adoption of the resolution. Seconded by
Councilor Barnes and after some additional comments was carried unanimously by
those ten members present for this meeting.
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PUBLIC HEARING:
THE FOLLOWING ORDINANCE AMENDING THE ZONING ATLAS OF COLUMBUS, GEORGIA WAS
SUBMITTED BY CITY ATTORNEY FAY AND A PUBLIC HEARING WAS HELD AS
ADVERTISED:
An Ordinance - Property located at 6231 Crystal Drive is proposed for
rezoning from GC (General Commercial) zoning district to RMF2 (Residential
Multi Family 2) zoning district. (27-A-09-Mordic) The proposed use is for Multi
Family Residential.
PROPONENTS AND OPPONENTS:
City Attorney Fay recognized the presence of the petitioner, Mr. Buddy
Mordic, who was seated in the audience; however, he did not make a presentation
since no one came forward in opposition.
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THE FOLLOWING ORDINANCE AMENDING THE ZONING ATLAS OF COLUMBUS, GEORGIA WAS
SUBMITTED BY CITY ATTORNEY FAY AND A PUBLIC HEARING WAS HELD AS ADVERTISED AND
AMENDED ON FIRST READING:
An Ordinance - Property located at 8209 Lantern Lane is proposed for
rezoning from SFR2 (Single Family Residential 2) zoning district to SFR4
(Single Family Residential 4) zoning district. (25-A-09-Bowles/Hart) The
proposed use is for Single Family Home Subdivision.
PROPONENTS AND OPPONENTS:
City Attorney Fay recognized the presence of the petitioner, Mr. Donald
Bowles, who was seated in the audience
Councilor Davis said that he has spoken to the petitioner regarding this
matter. He then asked Mr. Bowles to explain what he is trying to accomplish
with this rezoning.
Mr. Donald Bowles, said this property is unique because it was deemed
excess by the Columbus Water Works and was used as a neighborhood sewage
treatment facility in years past. He said there are some vats and reminisce of
the sewage treatment facility that would need to be excavated and remedy those
issues. He explained that we plan to build no more than thirty-five homes on
this fifteen acres; therefore, some of the lots would exceed an acre. He said
the rezoning came about because of the need for smaller frontage to accomplish
the number to make this development work. Councilor Davis asked if the
petitioner was agreeable to adding the site plan as part of the ordinance, to
which Mr. Bowles said that he is in agreement with adopting the site plan, but
noted this is a conceptual drawing and engineering has not been perfected on
the site; therefore, he would like to give the engineers some flexibility. He
said that he would agree to capping the subdivision to no more than thirty-five
homes, because the site plan does show thirty-three lots.
Community Development Director Mr. Rick Jones pointed out that we looked
at it as a unique situation in the sense of where the property lies, dealings
in terms of overall development, being located in the floodway, length of the
lots, etc. He said because of the uniqueness and what the petitioner has done
to make this project work, the Planning Department felt this was a worthwhile
project.
Community Development Director Jones also responded to Councilor Davis
regarding further expansion in the area by maintaining the Comprehensive Plan
to deal with these issues to work toward safeguarding against a domino effect.
Councilor Henderson asked about the topography and if there is an
opportunity to preserve much of the trees once you get past the build site?
Mr. Bowles responded by saying there is an opportunity to leave the trees along
the Heifferhorn Creek and the engineers are taking that into account.
Councilor Davis then made a motion to adopt the site plan as modified by
the City Engineering Department as part of the ordinance and limit the
construction to thirty-five homes. Seconded by Mayor Pro Tem Turner Pugh and
carried unanimously by those ten members present for this meeting.
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THE FOLLOWING ORDINANCE AMENDING THE ZONING ATLAS OF COLUMBUS, GEORGIA WAS
ALSO SUBMITTED BY CITY ATTORNEY FAY AND A PUBLIC HEARING WAS HELD AS
ADVERTISED:
An Ordinance - Property located at 6017, 6219, 6227 and 6251 Buena Vista
Road is proposed for rezoning from SFR3 (Single Family Residential 3) zoning
district to SFR2 (Single Family Residential 2) zoning district.
(26-D-09-Childs) The proposed use is for Multi Family Residential.
PROPONENTS AND OPPONENTS:
City Attorney Fay recognized the presence of the petitioner, Mr. Richard
Childs. He explained the petitioners had submitted a letter to continue first
reading; however, the petitioner is present in the Council Chambers.
City Manager Hugley made a correction by stating that the agenda has
approval by the Planning Department; however, the Planning Department staff has
recommended denial.
Attorney Richard Childs, described the location of the property proposed
to be rezoned. Using the overhead projector, he pointed out that when the
property was purchased it was zoned general commercial; therefore, we requested
a rezoning for single family housing that was approved by Council. He
explained it seemed feasible at the time with there being a number of
contractors and builders willing to build in the area, the housing boom,
financing was available and there was a greater demand. He maintained this has
since gone away; therefore, he sees no way it could be feasibly developed as
single family housing at any time in the foreseeable future. He said based on
that, we wish to develop an apartment complex there that would be comparable
with anything currently in the city. He explained that it would be a gated
community, the wetlands would be preserved, fenced area, and talks of a method
of ingress and egress. He said there is a demand in South Columbus for
multi-family housing.
Mayor Pro Tem Turner Pugh expressed her opposition to the rezoning
request. She said in speaking with the petitioner, she was informed that the
rent is going to be anywhere from $750.00 to $1,100.00. In addition, she
pointed out that in looking at the map, there is nothing but single family
housing in the area. She maintained there are two or three new subdivisions
being constructed now on Buena Vista Road near this piece of property. She
expressed concerns that if this rezoning is approved, there is another piece of
property on the corner of Buena Vista Road and Moye Road where the property
owners would like to construct apartments, and we denied that request.
Councilor Henderson suggested that Attorney Childs talk briefly about
security for the property and the management team charged with managing the
apartment complex and the properties that they currently manage in Columbus.
Attorney Childs referring to comments made by Mayor Pro Tem Turner Pugh
advised that our one bedroom apartments may go as low at $650.00 and three
bedroom apartments may go as low as $1,000.00 depending on the sort of extra
amenities the tenants may want. He advised that our manager would be Ram
Partners, LLC and they currently manage 25,000 units. He said they have
previously managed Walden Pond and on a start up basis, Greystone properties.
Councilor Woodson recalled that Attorney Childs had mentioned that we are
targeting the military coming into the area. She then pointed out that for the
young military personnel, this apartment complex would not be affordable,
because the military personnel that are ranked E-4 and below do not receive
enough BAQ (Basic Allowance for Quarters) to rent in this proposed complex.
City Attorney Fay said the public hearing has been held and would be
listed on second reading in two weeks.
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THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY
AND INTRODUCED AND AMENDED ON FIRST READING:
An Ordinance - Text amendment to the Unified Development Ordinance (UDO)
to add proposed Pet Day Care Requirements in the category uses section and to
add section 3.2.25.1 for additional standards. The applicant for this text
amendment request is Carson Cummings.
City Attorney Fay recognized the presence of the petitioner- Mr. Carson
Cummings, who approached the rostrum to respond to questions.
Councilor Davis asked if there are going to be any challenges if this is
approved?
City Manager Hugley said that he wants Community Development Director
Jones to come forward to share with the Council exactly what changes would
occur and how it is going to impact the entire city going forward.
Community Development Director Jones advised this is a nationwide trend;
whereas, we are being asked to allow for the actual boarding of animals
onsite. Some veterinarians could do that when there are operations of the
animals involved, but we have not traditionally allowed that. He said the real
issue the Planning Department had to deal with is the noise and the potential
smell, when dealing with an operation of this nature. He maintained that if
the Council adopts this ordinance, it would be for the entire community and not
just for one particular area. He said this amendment would allow for overnight
boarding of the animals.
He further expounded on the location for pet day cares and is listed as
follow:
E. Location:
1. Pet day cares shall be located on a multi-lane arterial road only.
2. Pet day cares shall not abut a residentially zoned property.
3. Pet day cares shall not be required to locate on arterial roads when located
within an industrial park.
F. Outdoor Areas:
1. The perimeter of all outdoor areas are to be fully screened from all
directions with a wood or masonry fence of at least eight feet (8') in height.
2. Outdoor areas are restricted from use between 7:00 PM to 7:00 AM.
3. No more than 4 dogs shall be permitted outside at one time.
4. Animals shall be accompanied by a facility employee at all times when
outside of the building.
5. All walking and exercising of animals must take place on facility grounds in
an enclosed area.
Mayor Wetherington expressed some concerns with the location that has been
pre-determined if this amendment is approved, because it backs up to a
residential subdivision. Mr. Cummings shared that he has communicated with
some of the neighbors and the neighbors they did speak with did not express
objections.
In responding to a question of Councilor Baker, Community Development
Director Jones stated that there is no minimum acreage required in the proposed
amendment.
Special Enforcement Manager Drale Short responded to questions of
Councilor Davis with regards to enforcement and potential problems with noise,
in which she explained that the ordinance would be enforced to address any
issues.
Councilor Baker reminded everyone that this is a text amendment that is
being proposed for adoption; an applicant would still have to go through the
process to obtain their permit to operate a business of this nature.
After receiving a response from Community Development Director Jones on an
inquiry about the fencing, Mayor Pro Tem Turner Pugh made a motion to amend
Section F-1 Outdoor Areas to include the word ?activity? to read ?outdoor
activity area?. Seconded by Councilor Allen and carried unanimously by those
ten members present for this meeting.
City Attorney Fay advised that on the amendment approved, the change
wording would be as follows: ?Designated Outdoor Activity Areas? in Section
F-1 and F-2.
City Attorney Fay then asked if anyone wanted to speak in opposition. No
one came forward, at which time, he said the ordinance would be listed for
second reading and a vote at the next meeting to be held in two weeks.
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CITY ATTORNEY?S AGENDA:
THE FOLLOWING ADD-ON RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY
ATTORNEY FAY AND APPROVED BY THE COUNCIL:
A Resolution (3-10) - Requesting that the Georgia General Assembly and the
Georgia Department of Transportation consider increasing the speed limit on
I-185 in Columbus-Muscogee County from 55 miles per hour to 65 miles per hour
where standard road designs allow 65 miles per hour. Councilor McDaniel moved
its adoption. Seconded by Mayor Pro Tem Turner Pugh.
City Attorney Fay said the following resolution was passed around the
table that was requested by Councilor Davis to look at the speed limit on I-185.
Councilor Davis explained that several citizens have contacted him over
the years, as well as, he has conducted some research of his own on this
matter. He said that with the super speeder laws, it would seem that there are
some areas that have not quite caught up when speed zones were changed over
time. He said after analyzing it, he believes there is a good foundation for
the request to change the speed limit. He advised that in speaking with City
Manager Hugley, he believes that we need to get this resolution to our State
Delegation on the front end in order for it to make it through the process.
Councilor Henderson said that he would be in favor of conducting some more
research on this matter. He said he would be willing to receive input from the
Governor?s Office of Highway Safety regarding statistics on accidents related
to speeds over 55 mph.
Councilor Davis advised that he believes that the reason for sending the
request to the State Delegation is so they can do the homework and take it from
there. He said that in speaking with City Manager Hugley, he would have to
believe that the State Delegation would go to the Department of Transportation
before they made any major changes of this nature.
Councilor Anthony suggested that we also check with our Public Safety
Personnel to be sure they do not have any objections to this recommendation.
Mayor Wetherington called attention to the motion to approve, which was
adopted by a vote of eight to two with Mayor Pro Tem Turner Pugh and Councilors
Allen, Anthony, Barnes, Davis, Hunter, McDaniel and Woodson voting yes and
Councilors Baker and Henderson voting no.
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THE FOLLOWING TEN RESOLUTIONS EXPRESSING CONDOLENCES TO THE FAMILY OF
FORMER CITY EMPLOYEES WERE SUBMITTED BY CITY ATTORNEY FAY AND THEIR CAPTIONS
READ BY MAYOR PRO TEM TURNER PUGH AND APPROVED BY THE COUNCIL UPON A SINGLE
MOTION MADE BY MAYOR PRO TEM TURNER PUGH AND SECONDED BY COUNCILOR MCDANIEL,
WHICH CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS PRESENT FOR THIS
MEETING:
A Resolution (4-10) - Conveying condolences to the family of Mr. William
T. Womack, Jr., former employee with the Engineering Department, who passed
away on December 13, 2009.
A Resolution (5-10) - Conveying condolences to the family of Mr. Larry M.
Buchanan, former employee with the Columbus Police Department, who passed away
on December 11, 2009.
A Resolution (6-10) - Conveying condolences to the family of Mr. Johnny E.
Day, former employee with the Parks & Recreation Department, who passed away on
December 8, 2009.
A Resolution (7-10) - Conveying condolences to the family of Mrs. Ann
Burton, former employee with the Public Services Department, who passed away on
November 28, 2009.
A Resolution (8-10) - Conveying condolences to the family of Mr. Paul D.
Joyner, former employee with the Columbus Water Works, who passed away on
November 18, 2009.
A Resolution (9-10) - Conveying condolences to the family of Mr. Robert H.
Matthews, former employee with the Columbus Police Department, who passed away
on November 25, 2009.
A Resolution (10-10) - Conveying condolences to the family of Mr. John R.
Smith, former employee with the Muscogee County Prison, who passed away on
November 17, 2009.
A Resolution (11-10) - Conveying condolences to the family of Mrs. Betty
L. Coppedge, former employee with the Parks and Recreation Department, who
passed away on November 14, 2009.
A Resolution (12-10) - Conveying condolences to the family of Mrs.
Virginia L. Ross, former employee with the Muscogee County Sheriff?s
Department, who passed away on October 20, 2009.
A Resolution (13-10) - Conveying condolences to the family of Mrs.
Catherine Murray, former employee with the Parks and Recreation Department, who
passed away on October 25, 2009.
A Resolution (14-10) - Conveying condolences to the family of Mr. Ralph
Biggers, former employee with the Public Services Department, who passed away
on September 29, 2009.
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EXECUTIVE SESSION:
City Attorney Fay requested an executive session on matters of litigation
and real estate acquisition.
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POST OFFICE PROCESSING CENTER:
Councilor Anthony said that he wanted to follow up on information
regarding the post office processing center moving to Macon, Georgia. He then
recalled there was a request for input from the Chamber of Commerce and asked
if the City needs to take any action; even though, this is an internal
decision.
City Manager Hugley advised that we agreed to submit a letter and Ms. Judy
Thomas- Executive to the Mayor, is in the process of drafting that letter.
Councilor Woodson advised that there is a meeting scheduled on this matter
at the Columbus Public Library located on Macon Road from 6:15 p.m. to 7:45
p.m.
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PUBLIC AGENDA:
MR. BILL MADISON, RE: COURT ORDER SEPARATION OF COUPLE:
Mr. Bill Madison, came forward to express his support for a family that is
being separated by the courts. He pointed out that Mr. Harry Jones married an
African American woman. He noted that Mr. Jones is 75 years of age and cannot
assist himself; he has no relatives. He explained that fourteen years ago,
Mrs. Sharon Jones did at one time become angry with Mr. Jones and injured him
with hot water; Mrs. Jones was incarcerated and sentenced to twenty years, and
served more than seven years for her crime. However, Mr. Madison, explained
that they wish to live together but cannot. He said this means that all of
those people who have ever attacked their spouse and went off to prison in
Muscogee County, they must separate from their homes as ordered by the court.
He pointed out that he has to keep them separated because if the court sees
them together, Mrs. Jones would be incarcerated for twenty more years. He then
acknowledged that Mr. Jones is seated on the front row of the Council Chambers
and Mrs. Jones is seated in the back of Council Chambers on the opposite side.
At this time, the five minutes time limit expired. Councilor Hunter moved
that Mr. Madison continued to be heard. Seconded by Councilor Woodson and
carried unanimously by those ten members present for this meeting.
Councilor Woodson recalled a similar situation involving another couple,
where the husband was accused by the wife of physical harm. She further
explained that the wife dropped the case; however, the State is still pursuing
it. She said this couple wants to be together as well but cannot. She then
suggested that he contact the State Legislatures.
Mrs. Sharon Jones came forward to further explain her legal issues and her
separation from her husband.
Councilor Hunter suggested contacting Georgia Legal Services. Mayor
Wetherington said that he would be meeting with the Chairman of the State Board
of Pardons and Parole and the Commissioner of Corrections and asked Mr. Madison
to provide him with some information and he would see if anything could be done.
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MR. SPENCER SCHORR AND MR. CHUCK JACKSON, REPRESENTING WESTERN TENNESSEE
INVESTMENTS, LLC, RE: THE DEMOLITION OF PROPERTY LOCATED AT 907 32ND
AVENUE:
Mr. Spencer Schorr, representing Western Tennessee, LLC, approached the
rostrum to request an extension of thirty or forty-five days on property
located at 907 32nd Avenue that has been approved for demolition. He said
$40,000 has been invested in this property; therefore, he would like the time
to finish the house.
Ms. Rebecca Wiggins- Inspection & Code Enforcement Division, provided a
chronology of events involving this property. She first explained that Western
Tennessee Investment purchased this house in June 2008; the house had already
burned and been condemned. She described some of the work that had been
performed on the property; however, after November 2008, no work had been
done. She advised that the only legal recourse Mr. Schorr has is for the
Council to reverse its vote and allow them time to repair the home;
unfortunately, the Inspections & Code Enforcement Office does not support any
further extensions on this property. She also spoke briefly on the vandalism
that has occurred on this property.
NOTE: The demolition of said property was approved on November 24, 2009
by Ordinance No. 09-59.
Mayor Wetherington pointed out that there is no action from the Council on
this matter.
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MR. BRANDON WALLIS, REPRESENTING A-LOCKSMITH & SECURITY, RE: PUBLIC
SAFETY OFFICIALS UNLOCKING OF
CARS:
Mr. Brandon Wallis, representing A-Locksmith & Security, approached the
rostrum and reading from a prepared statement, asked that Public Safety
Officials not unlock, jumpstart or change tires on vehicles in non-life
threatening situations. He said we are in the business of unlocking customers?
vehicles and it equals to about 25% of our overall business. He said that
while he understands the logic of our public servants that want to help a
citizen in need, he also understands that such actions by public servants
create a liability for the City.
He spoke of the side airbags that could be damaged from the unlocking of
cars by untrained public servants. He said public servants are depriving
properly trained local providers of income in non-life threatening situations.
Mayor Wetherington said Police Chief Boren has stated that he would
release a memo to advise police officers to not unlock cars in non-life
threatening situations where the citizen has the opportunity to call a
locksmith. However, Mayor Wetherington maintained that he does not have a
problem with police officers assisting people who are broken down on the side
of the road by changing tires to help get that person back on the road.
Councilor Woodson said she understands the concerns of Mr. Wallis, but she
expects for a police officer to provide her assistance. She said she would ask
that we leave it up to the police officer and citizen?s discretion in these
situations. Mayor Wetherington advised that police officers could damage the
newer vehicles when using the slim jim to stick down into the window and a lot
of the time it could short the electrical system out. He pointed out citizens
sometime claim that their cars were damaged as a result of the officer
unlocking the car.
Councilor Barnes agreed that he would want a police officer to assist if
his family member was stranded on the side of the road. Mayor Pro Tem Turner
Pugh offered some suggestions to Mr. Wallis on collecting service fees from
citizens that call for a locksmith but accept assistance from someone else or
are no longer present on the scene.
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MS. KIM DAVIS, REPRESENTING ECONOMIC DEVELOPMENT COALITION, RE: LANDFILL
DEVELOPMENT AROUND THE CHATTAHOOCHEE RIVER:
Ms. Kim Davis, representing Economic Development Coalition, addressed the
members of Council. She announced an important vote on tomorrow by the Russell
County Commission. She said we hope that they repeat the action they took last
year, which was to unanimously adopt a resolution in support of legislation to
restrict any and all new landfill development within one mile of the
Chattahoochee River. She recalled that recently, the Phenix City Council
unanimously passed an ordinance that reads no new landfill within the corporate
limits of Phenix City. Using the overhead projector, Ms. Davis displayed the
proposed site that is Deep South site No. 1 and consist of about 525 acres and
surrounded by lots of wetland, as well as 20,000 residents who live within a
two-mile radius. She noted that the developers were denied an application last
year. She mentioned the family related activities that Columbus is planning
for the river to include a marina and white water rafting. She advised that
her intent for coming to the Council today is to inform the Council of the vote
that would take place tomorrow.
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ANNOUNCING BID FOR RE-ELECTION:
Councilor Woodson clarified rumors that she does not live in her home in
District Seven. She maintained that she loves the community and plans to
remain in her home.
Councilor Woodson then announced her plans to run for re-election for
Council District Seven. She recalled the reasons why she first ran for office
in 1995 and was recently reminded of her purpose in serving as an elected
official. She said that she wants to continue to be the voice of those that
felt they did not have a voice.
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CITY MANAGER?S AGENDA:
THE FOLLOWING THREE RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY
MANAGER HUGLEY AND ADOPTED BY THE COUNCIL UPON A SINGLE MOTION MADE BY
COUNCILOR MCDANIEL AND SECONDED BY COUNCILOR DAVIS, WHICH CARRIED UNANIMOUSLY
BY THOSE NINE MEMBERS PRESENT WITH COUNCILOR BARNES BEING ABSENT FOR THIS
VOTE:
A Resolution (15-10) - Authorizing a request for the acquisition of Parcel
34, 6440 West Hamilton Park Drive for the Whittlesey Road Widening Project
totaling 0.046 =/- acres for Right of Way and 0.111 Acres for Construction
Easement for County Road and/or Municipal Street purposes, and authorizing the
filing of a Declaration of Taking.
A Resolution (16-10) - Authorizing a request to purchase 3501 Califon
Court.
A Resolution (17-10) - Authorizing a request to submit an application and,
if approved, accept a grant for $10,000 from Aflac Foundation to enhance the
CCG Wellness Program.
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THE FOLLOWING PURCHASING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY
MANAGER HUGLEY AND ADOPTED BY COUNCIL AFTER SOME DISCUSSION:
A Resolution (18-10) - Authorizing the execution of a construction
contract with Van Winkle & Company, Inc., in the amount of $5,987,000.00 for
the construction of an ice rink.
City Manager Hugley said the bid packet was prepared and went out. He
recalled that a particular bidder came before the Council to express concerns
with the specification that reads ?Bidders shall demonstrate their ability to
perform by showing completion of not less than three successful projects
totaling not less than seven million dollars each over the past five years.?
He added that Mr. Danny Dean protested this particular requirement; however,
the Council decided to move forward with opening the bid. He was asked by a
member of Council to return Mr. Dean?s three hundred dollars for the bid
specification packet and he agreed to do so. He said since the Council did not
change the requirements, that bidder knew when he left the Council Chambers
that he did not meet the qualifications. However, City Manager Hugley
explained that Mr. Dean did submit a bid. He pointed out that his bid came in
at $5,899,000 with no DBE participation, and he did not meet the minimum
requirements. He said what we bring before the Council is the successful low
bidder that met the minimum qualifications, which is Van Winkle & Company, Inc.
out of Atlanta, Georgia. He then mentioned the Columbus bidders listed, which
demonstrates that all Columbus contractors were not eliminated and were able to
meet the minimum qualification. He then recommended moving forward with this
project with the approval of Van Winkle & Company, Inc., in the amount of
$5,987,000.00.
City Manager Hugley responded to questions from Councilor Anthony
regarding the writing of the specifications, at which time, he explained that
our professional engineer works on specifications and minimum requirements, and
this is what our professional staff believe were good minimum requirements for
a facility such as this in terms of the cost. He said going forward if the
Council wants to lower those specifications or qualifications; then, that is a
policy decision. However, City Manager Hugley recommended moving forward with
this particular project. Councilor Anthony then asked that Mr. Danny Dean be
allowed to speak.
Mayor Wetherington expressed some concerns with out-of-town vendors,
because local firms are the ones that pay taxes and support this community.
Councilor McDaniel expressed similar concerns, but added that he would like to
know how many times we have had a minimum bid requirement on work that has been
done. City Manager Hugley says that that he does not know the number but the
engineering staff is telling him that we have had minimum requirements before.
Councilor McDaniel maintained that this contract is $88,000 more than the
local low bidder; therefore, he would not be supporting this resolution. He
spoke of the twenty-one local firms that would be excluded with awarding this
contract to Van Winkle & Company, Inc.
Councilor Henderson determined that there is a hard dollar benefit with
using people who are going to use local subcontractors and purchase local
materials. He then challenged staff to come up with some type of formula to
include in the bid packets to find out how many of their employees live in
Muscogee County, how many locally owned subcontractors would operate and work
with them and where would they commit to buying their building materials. He
said there should be a place in the bid process for a hard dollar cost to be
factored in and subtracted right off the top.
Councilor Hunter considered opening the bid and allowing staff to look at
each individual bid and make the decision on which one better serves that
particular project. City Manager Hugley said there would be no problem with it
going forward, but we have gone through the process, and there was an
opportunity two weeks ago to abandon the process but we didn?t. He noted that
today we have the project listed for a vote.
Councilor Anthony then made the motion that Mr. Danny Dean be allowed to
speak. Seconded by Councilor Henderson and carried unanimously by those ten
members present for this meeting. Mr. Danny Dean, representing D. Dean &
Associates, approached the rostrum to say that he would like to first address
the DBE participation, which he did write personally a RFI (Request For
Information) to the City because the DBE was so vague in the contract. He said
the final response he received is that the contract would go to the low bidder;
it had nothing to do with DBE. He said the last time he appeared before
Council, there were people in the Council Chambers that suggested that he
submit a bid. He said he furnished a list of all of the subcontractors and
suppliers, which are all local; our money stays here in Columbus. He
maintained D. Dean & Associates deserves that job and request support from the
Council to turn down awarding the bid to Van Winkle & Company, Inc.
City Attorney Fay advised that the Council is bound by O.C.G.A 36-91-21
Georgia Law on Competitive Award requirements and he would say under the
process, the Council should award to the lowest responsible and responsive
bidder whose bid meets the requirements and criteria set forth in the
invitation for bids. He advised the Council to accept the recommendation of
the City Manager.
After Mr. Dean and Councilor Davis made some additional comments, Mayor
Pro Tem Turner Pugh moved approval. Seconded by Councilor Henderson and
carried by a vote of nine to one with Councilor McDaniel voting no and all
other nine members present voting yes.
*** *** ***
THE FOLLOWING FIVE PURCHASING RESOLUTIONS HAVING BEEN INCLUDED WITH THE
CITY MANAGER?S AGENDA WERE SUBMITTED AND EXPLAINED BY CITY MANAGER HUGLEY AND
ADOPTED UPON A SINGLE MOTION MADE BY MAYOR PRO TEM TURNER PUGH AND SECONDED BY
COUNCILOR WOODSON AND CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS PRESENT FOR THIS
MEETING:
A Resolution (19-10) - Authorizing the purchase of explosive ordnance
disposal (EOD) equipment from National Security Associates, Inc., in the amount
of $25,384.00.
A Resolution (20-10) - Authorizing the purchase of stone from Lafarge
Aggregates Southeast, Inc., and Columbus Quarry LLC, on an ?as needed basis?,
for the estimated contract value of $437,140.00.
A Resolution (21-10) - Authorizing payment to Aquatic Solutions (Newnan,
Ga), in the amount of $125,000.00, plus payment for any unforeseen
contingencies, for emergency dredging services at Charter Oaks Lake ($100,000)
and Lake Oliver ($25,000).
A Resolution (22-10) - Authorizing payment to State Farm Insurance/on
behalf of Abby Smith in the amount of $30,178.00, and payment to Abby Smith and
Stuart & Branigin, LLP, in the amount of $45,000.00 to settle a risk management
claim.
A Resolution (23-10) - Authorizing to declare one (1) fire truck (Vehicle
#3154), as surplus, in accordance with Section 7-501 of the Charter of Columbus
Consolidated Government; and authorize the donation of the surplus vehicle to
the Oakland Volunteer Fire Department of Marion County.
*** *** ***
THE FOLLOWING TWO ADD-ON RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY
MANAGER HUGLEY AND ADOPTED BY THE COUNCIL UPON A SINGLE MOTION MADE BY
COUNCILOR ALLEN AND SECONDED BY MAYOR PRO TEM TURNER PUGH WHICH CARRIED
UNANIMOUSLY BY THOSE TEN MEMBERS PRESENT FOR THIS MEETING:
A Resolution (24-10) - Authorizing the Mayor or City Manager of Columbus,
Georgia to submit an application for, and if awarded, accept a grant in the
amount of $1,507,288 or otherwise awarded, from the Federal Transit
Administration (FTA) and Georgia Department of Transportation (GDOT) for FY2011
Capital and Planning Assistance under Title 49 U.S.C. Section 5307 and to
contract with FTA and GDOT on behalf of the city should the application receive
approval.
A Resolution (25-10) - Authorizing the City Manager of Columbus, Georgia
to submit an application for, and if awarded, accept a grant in the amount of
$59,607, or otherwise awarded, from the Department of Transportation, United
States of America, and Georgia Department of Transportation, under Title 49
U.S.C., Section 5303.
*** *** ***
SURPLUS ITEMS:
Councilor Davis pointed out that on the agenda, we are donating a surplus
vehicle, which he supports; however, he has come across an outlet for surplus
vehicles where they are pooling all of these vehicles and selling them to other
cities online. He said that cities are saving a lot of money by doing this.
He then asked if we are looking into doing this as well. City Manager Hugley
said we are aware of it and the Purchasing Director is on top of that.
----------------------------------------------*** ***
***------------------------------------------------
CLERK OF COUNCIL?S AGENDA:
CRIME PREVENTION BOARD:
Councilor Allen advised that he would be leaving the meeting momentarily and
would like to place in nomination Mr. Greg Wagner for a position on the Crime
Prevention Board.
At this time, the Mayor?s appointments for the Crime Prevention Board were
approved as follows by a single motion made by Mayor Pro Tem Turner Pugh and
seconded by Councilor Woodson, which carried unanimously by those ten members
present for this meeting: Mr. Mike Gaymon- At-Large (Chairperson) position,
Major Julius Graham- Law Enforcement Agent representative, Dr. Peggy Connell-
Educational representative and Ms. Sharon Cox-Bevley- Ft. Benning
representative.
----------------------------------------------*** ***
***-------------------------------------------------
NOTE: Councilor Allen left the meeting during this portion of the proceedings
with the time being 1:00 p.m.
-----------------------------------------------*** ***
***------------------------------------------------
THE FOLLOWING ITEMS WERE SUBMITTED BY DEPUTY CLERK OF COUNCIL DAVIS AS
INFORMATION FOR THE MAYOR &
COUNCIL:
(1) ACCG?s Memorandum from Clint Mueller- Legislative Director, Re: ACCG
Legislative Briefing for Metro Counties.
(2) Memorandum from Clerk of Council Washington, Re: Board of Historic &
Architectural Review.
(3) Biographical Sketch of Derrick Shields, Councilor Henderson?s nominee to
replace Mr. Richard Stallings on the Board of Tax Assessors.
(4) Biographical Sketch of Rick Johnson as submitted for consideration by the
President of Uptown Columbus Inc., Mr. Richard Bishop to replace Mr. David
Serrato on the Uptown Facade Board.
(5) Biographical Sketch of Mr. Dhan Parekh, Mayor Wetherington?s nominee to
succeed Mr. Brian Plemmons on the Convention & Visitors Board of Commissioners.
(6) Biographical Sketch of Mr. Mark W. Hudson, Councilor Davis? nominee for a
new position on the Crime Prevention Board.
(7) Biographical Sketch of Mr. Bruce Bacon, Councilor Davis? nominee for a new
position on the Crime Prevention Board.
(8) Mayor?s Committee for Persons with Disabilities Weekly Reports for December
14 through December 28, 2009 and the week of January 2, 2010.
*** *** ***
AIRPORT COMMISSION:
Deputy Clerk of Council Davis submitted a letter from Mr. Mark Oropeza,
Airport Director, advising that the Airport Commission voted unanimously to
nominate Mr. Don Cook for another term of office. Councilor McDaniel moved
confirmation of Mr. Don Cook for another term of office on the Airport
Commission. Seconded by Councilor Henderson and carried unanimously by those
eight members present with Councilors Allen and Woodson being absent for the
vote.
*** *** ***
THE FOLLOWING TWO LETTERS OF RESIGNATION WERE SUBMITTED BY DEPUTY CLERK OF
COUNCIL DAVIS AND WERE RECEIVED BY THE
COUNCIL:
Letter from Ms. Alison Dowe resigning from her position on the Public
Safety Advisory Commission.
Letter from Mr. Tom Wyatt resigning from his position on the Community
Development Advisory Council.
Councilor McDaniel moved the two resignations be received with regrets and
thanks for service. Seconded by Mayor Pro Tem Turner Pugh and carried
unanimously by those eight members present with Councilors Allen and Woodson
being absent for the vote.
*** *** ***
MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY DEPUTY CLERK OF COUNCIL
DAVIS AND OFFICIALLY RECEIVED BY THE
COUNCIL:
Board of Historic & Architectural Review, January 12, 2009.
Board of Historic & Architectural Review, February 9, 2009.
Board of Historic & Architectural Review, March 9, 2009.
Board of Historic & Architectural Review, April 13, 2009.
Board of Tax Assessors, Nos. 44-09, 45-09 & 46-09.
Board of Zoning Appeals, November 7, 2009.
Community Development Advisory Council, September 15, 2009.
Housing Authority, November 18, 2009.
Personnel Review Board, December 16, 2009.
Pre-Council Briefing, November 24, 2009.
Uptown Facade Board, November 16, 2009.
Councilor McDaniel moved approval. Seconded by Mayor Pro Tem Turner Pugh
and carried unanimously by those eight members present with Councilors Allen
and Woodson being absent for the vote.
*** *** ***
BOARD APPOINTMENTS:
ANIMAL CONTROL ADVISORY BOARD:
Deputy Clerk of Council Davis advised that Councilor Allen has left the
meeting but was nominating Mrs. Jo McDaniel to replace the late Penny Leigh
Short. Also, she pointed out that Councilor McDaniel had nominated Dr. Brook
Glass, Jr. to succeed Dr. Patrice Holt. Mayor Pro Tem Turner Pugh moved
approval. Seconded by Councilor Baker and carried unanimously by those eight
members present with Councilors Allen and Woodson being absent for the vote.
She further noted that we still need a nominee for the seat of Dr. John
Blozsies, who is no longer a resident of Muscogee County.
*** *** ***
BOARD OF ELECTIONS & REGISTRATIONS:
Deputy Clerk of Council Davis advised that all three incumbents are eligible to
serve another term of office. Councilor McDaniel then nominated the following
three members to serve another term of office: Ms. Margaret Jenkins, Ms.
Eleanor White and Ms. Diane Scrimpshire.
Deputy Clerk of Council Davis pointed out that we would list the members again
in two weeks for confirmation.
*** *** ***
BOARD OF TAX ASSESSORS:
Deputy Clerk of Council Davis advised that Mr. Richard Stallings is not
eligible to serve another term of office. Councilor Henderson then nominated
Mr. Derrick Shields.
Deputy Clerk of Council Davis stated that this nominee would be listed for the
next meeting.
*** *** ***
CIVIC CENTER ADVISORY BOARD:
Deputy Clerk of Council Davis pointed out that we would need nominees for
the seat of Mr. Kevin Shirley- District Five representative and Mr. Patrick
Sleem- District Nine representative. There were none.
*** *** ***
COMMISSION ON INTERNATIONAL RELATIONS & CULTURAL LIAISON ENCOUNTERS
(CIRCLE):
Deputy Clerk of Davis advised that we still need a nomination for the
position of Ms. Deidre Williams; this is the Council?s appointment.
*** *** ***
CONVENTION & VISITORS BOARD OF COMMISSIONERS:
Deputy Clerk of Council Davis advised that Mayor Wetherington is nominating
Mr. Dhan Parekh to succeed Mr. Brian Plemmons as the Hotel/Motel Industry
representative and renominating Mr. Bruce Smith and Mr. John Shinkle to serve
another term of office. Councilor McDaniel moved confirmation of all three
nominees. Seconded by Councilor Henderson and carried unanimously by those
eight members present with Councilors Allen and Woodson being absent for the
vote. (See below continued action on the vote to confirm Mr. Parekh.)
*** *** ***
COMMUNITY DEVELOPMENT ADVISORY COUNCIL:
Deputy Clerk of Council Davis advised that we still need a nomination for
the position of Mr. Tyrone Rowe- Council District Six representative. There
were none.
*** *** ***
HOSPITAL AUTHORITY OF COLUMBUS:
Deputy Clerk of Council Davis advised that we still need three nominations
for the seat of the late Mr. Franklyn Lambert. There were no nominations.
*** *** ***
HOUSING AUTHORITY OF COLUMBUS:
Deputy Clerk of Council Davis requested a nomination for the seat of Ms.
Ruhnell Bankston, resident member on this board. Mayor Wetherington advised
that he is renominating Ms. Ruhnell Bankston for another term of office. When
Mayor Pro Tem Turner Pugh asked about Ms. Bankston?s eligibility to serve
another term of office, Mayor Wetherington advised that he conferred with the
Housing Authority Director, and it was explained to him that by law, Ms.
Bankston could be appointed to serve another term of office. City Attorney Fay
added that the State Law allows it for a resident member. Councilor McDaniel
then moved confirmation. Seconded by Mayor Pro Tem Turner Pugh and carried
unanimously by those nine members present with Councilor Allen being absent for
the vote.
*** *** ***
KEEP COLUMBUS BEAUTIFUL COMMISSION:
Deputy Clerk of Council Davis advised that we still need a nomination for
the position of Ms. Peggy Myles- Council District One representative. There
were none.
*** *** ***
PUBLIC SAFETY ADVISORY COMMISSION:
Deputy Clerk of Council Davis also pointed out that we still need a nominee
for the position of Ms. Sarah Sillitto- Council District Five representative.
There were none.
*** *** ***
UPTOWN FACADE BOARD:
Deputy Clerk of Council Davis advised that Uptown Columbus, Inc. is
recommending Mr. Rick Johnson to fill the unexpired term of Mr. David Serrato.
Councilor McDaniel moved confirmation. Seconded by Councilor Woodson and
carried unanimously by those nine members present with Councilor Allen being
absent for the vote.
*** *** ***
EXECUTIVE SESSION:
Mayor Wetherington called attention to the earlier request to go into
executive session to discuss litigation. Mayor Pro Tem Turner Pugh moved for
the Council to go into executive session to discuss litigation. (See Below for
the second to this motion.)
*** *** ***
GEORGIA TREND MAGAZINE:
Councilor Barnes requested a resolution commending Mayor Wetherington for
being recognized in the Georgia Trend Magazine for being selected as one of the
100 Most Influential Georgians.
*** *** ***
HISTORIC DISTRICT PARKING:
Councilor Woodson provided an update on the historic district parking. She
recalled that we had a meeting with the historic district residents in
reference to an appearance before the Council by some concerned citizens with
regards to the parking. She said the citizens appearing before Council had
suggested that the parking enforcement area by Metra Parking Management be
expanded. She pointed out that staff has generated the information on how it
would affect that district, which is much larger and more people affected than
what those concerned believed it would be. She said that staff is going to go
ahead and meet with them; since, we had promised this meeting for January 15,
2010. She then asked City Manager Hugley to accompany staff in attending that
meeting; particularly, since she would be out of town and unable to attend.
*** *** ***
CONVENTION & VISITORS BOARD OF COMMISSIONERS:
Councilor Davis asked for reconsideration to abstain from voting on the
confirmation of Mr. Dhan Parekh. He then explained that he feels he should
abstain, since he has a working relationship with Mr. Dhan Parekh. Councilor
Henderson moved that Councilor Davis be allowed to abstain from the
confirmation vote of Mr. Dhan Parekh. Seconded by Mayor Pro Tem Turner Pugh
and carried unanimously by those nine members present with Councilors Allen
being absent for the vote.
NOTE: This action caused the vote to confirm Mr. Dhan Parekh to be
unanimous by those eight members present with Councilor Allen being absent for
the vote and Councilor Davis abstaining.
*** *** ***
LAND BANK AUTHORITY:
Councilor Henderson asked for an update on the Land Bank Authority with
regards to reviewing the powers granted to this board, at which time, City
Attorney Fay advised that we had a meeting with City Manager Hugley and other
interested parties. He pointed out that he believes City Manager Hugley would
be bringing back a draft ordinance to allow a different procedure to be used by
the Tax Commissioner on foreclosures; it would be an additional tool within the
ordinance. Councilor Henderson then requested to receive the draft ordinance
at least one-week prior to the Council Meeting date it would be discussed to
have an opportunity to read over the material.
*** *** ***
EXECUTIVE SESSION:
Mayor Wetherington called attention to the earlier motion to go into
executive session, which was then seconded by Councilor Woodson. (See Below
for final action on this motion.)
*** *** ***
CRIME PREVENTION BOARD:
Councilor Anthony submitted the name of Mr. Arnold Goodman for a position on
the Crime Prevention Board. Councilor Davis said that he would call the Clerk
of Council?s Office to let the Clerk know for which position he would like for
each of his nominees to be listed.
*** *** ***
Ms. Ollie Tarver, approached the rostrum to say that blessings are moving
forth and those exhibiting negativity and unforgiveness need to make a change;
this year is going to be like no other.
*** *** ***
EXECUTIVE SESSION:
Mayor Wetherington called up the previous motion to go into executive
session to discuss potential litigation, at which time, City Attorney Fay added
real estate acquisition, which was then carried unanimously by those nine
members present with Councilor Allen having already left the meeting.
At 1:17 p.m., the Council adjourned its regular meeting to go into executive
session. At 1:32 p.m., the regular meeting was reconvened, at which time,
Mayor Wetherington announced that the Council did meet in executive session to
discuss potential litigation and real estate acquisition, but there were no
votes taken.
With there being no other business to come before this Council, Mayor Pro Tem
Turner Pugh made a motion to adjourn. Seconded by Councilor Woodson and
carried unanimously by those nine members of Council present with Councilor
Allen having previously left the meeting with the time being 1:33 p.m.
Sandra T. Davis, CDMC
Deputy Clerk of Council
The Council of Columbus, Georgia
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