MINUTES
COUNCIL OF COLUMBUS, GEORGIA
REGULAR SESSION
AUGUST 7, 2007
The regular weekly meeting of the Council of Columbus, Georgia was called
to order at 9:00 A.M., Tuesday, August 7, 2007, on the Plaza Level of the
Government Center, Columbus, Georgia. Honorable W. J. Wetherington, Mayor, and
Honorable Evelyn Turner Pugh, Mayor Pro Tem was presiding.
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PRESENT: Present other than Mayor W. J. Wetherington, Mayor, and Honorable
Evelyn Turner Pugh, Mayor Pro Tem were Councilors R. Gary Allen, Wayne Anthony,
Mike Baker, Jerry ?Pops? Barnes, Glenn Davis, Julius H. Hunter, Jr., Charles
E. McDaniel, Jr., and Evelyn Woodson. City Manager Isaiah Hugley, City Attorney
Clifton Fay and Clerk of Council Tiny B. Washington were also present.
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ABSENT: Councilor Berry H. ?Skip? Henderson was absent, but was excused upon
the adoption of Resolution Number. Deputy Clerk of Council Sandra Davis was
also absent.
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INVOCATION: Offered by Dr. Kevin Calhoun, Pastor Hilton Terrace Baptist
Church.
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***-------------------------------PLEDGE OF ALLEGIANCE: Led by Mayor
Wetherington.
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PROCLAMATION:
?SALLY LITTLE LEAGUE CHAMPIONSHIP:
With Mr. Bruce Huff, League President and Assistant Coach, Mr. Val
McGowan, and several of the team members standing at the Council table,
Councilor Allen read the proclamation of Mayor Wetherington, congratulating the
Sally Little League for winning the Championship.
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MAYOR?S AGENDA:
THE FOLLOWING RESOLUTION WAS SUBMITTED AND READ IN THEIR ENTIRETY BY
COUNCILOR HUNTER AND ADOPTED BY THE COUNCIL:_________________________________
A Resolution (338-07) ? Commending and congratulating Coach Jason Gibson
and members of the Columbus Lions Football Team upon their outstanding 2007
season and their performance in the World Indoor Bowl.
Councilor Hunter moved the adoption of the resolution. Seconded by Councilor
McDaniel and carried unanimously by those nine members of Council present for
this meeting, with Councilor Henderson being absent.
THE FOLLOWING RESOLUTION WAS ALSO SUBMITTED AND READ IN ITS ENTIRETY BY
COUNCILOR DAVIS AND ADOPTED BY THE COUNCIL:_________________________________
A Resolution (339-07) ? Commending and congratulating Frank Thomas
of the Toronto Blue Jays upon hitting his 500th homer and entering the
prestigious 500 Home Run Club. Councilor Davis moved the adoption of the
resolution. Seconded by Councilor Hunter and carried unanimously by those nine
members of Council present for this meeting, with Councilor Henderson being
absent.
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THE FOLLOWING RESOLUTION WAS SUBMITTED AND READ IN THEIR ENTIRETY BY
COUNCILOR ANTHONY AND ADOPTED BY THE COUNCIL:_________________________________
A Resolution (340-07) ? Commending WTVM, General Manager Lee Brantley and
the many volunteers involved in the 2007 Thunder on the Hooch 4th of July
Celebration. Councilor Anthony moved the adoption of the resolution. Seconded
by Councilor Hunter and carried unanimously by those nine members of Council
presenting for this meeting, with Councilor Henderson being absent.
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CITY ATTORNEY?S AGENDA:
THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY
AND AFTER MUCH DISCUSSION RESULTED IN AN INCONCLUSIVE VOTE:_________
An Ordinance ? Rezoning properties located at 3556 & 3562 St. Mary?s Road
are proposed for rezoning from SFR3 (Single Family Residential 3) District to
GC (General Commercial) District. (27-A-07-Morrison) The proposed use is
offices/mini-storage.
Councilor Hunter made a motion to defeat the ordinance. Seconded by Mayor
Pro Tem Turner Pugh.
Councilor Barnes said he respects Councilor Hunter, as well as Mayor Pro
Tem Turner Pugh and understands that this property is located in Councilor
Hunter?s district, but said whenever a citizen calls him and asks him to
investigate something he said he is going to be compliant to that.
He said it concerns him that the Planning Advisory Commission and the Planning
Division can approve something and there be a problem; so he went out to Mr.
Morrison?s property to look at this property. He said
Mr. Morrison wants to us this project as retirement income, which is in the
back of his property. He said the property on either side of Mr. Morrison?s
property is general commercial and across the street is single-family
residential.
He said after he returned home from being out of town, he walked the area
and knocked on the doors of the residents and talked to the people first hand
to see if there were any problems or concerns from the residents.
He said he didn?t want to be motivated by feelings, subjective data, but he
wanted to get objective data; and said objective data from the Planning
Advisory Commission approved it based on the fact that it was compatible with
the existing land uses and property surrounded by general commercial zoning.
He said the Planning Division approved it, using objective data based on the
fact that it is compatible with existing land uses surrounded by general
commercial zoning and the development will front a 4-lane divided highway.
Councilor Barnes said he got subjective data from the people who live
there and have lived there and who plan to live there. He said Mr. Morrison
received signatures from 28 individuals who approves of the request and don?t
see if problems with it. He said with all those things being considered,
he doesn?t see how we can deny this gentleman the use of his property. He said
this gentleman wants to use this property for retirement purposes; he?s a
taxpayer and he doesn?t see what the problem is.
Councilor Hunter said he respects Councilor Barnes? opinion as well.
He said most of the property around the property in question you have
residential properties with people living there and there is a mobile home park
zoned commercial and said it?s misleading. He said even though the mobile home
park is zoned general commercial the fact is; it?s defector residential. He
said he don?t want to support anything that is going to change the texture of
that neighborhood from what it is now over to commercial.
He said he live in that area, and it directly affects him. He said he doesn?t
want to see that neighborhood change; it?s not a dying neighborhood.
Councilor Davis said respect Mr. Morrison and understands want he is
trying to do with his land, but said he really wants to remain consistent on
his stance and how it pertains to the character of neighborhoods. He said he
doesn?t have a problem with the daycare center and the office building and he
thinks it can coordinate and work there; but said what he struggles with is
even though it is a mobile home park, there is residential all the way around
the area, and its not being used as general commercial today. He said he has
dealt with several pieces of property and it just happen to be the way they are
rezoned, but the land use is not consistent with general commercial; which he
has questions as far as the Planning Division goes.
He said he doesn?t think that it?s appropriate to stick these storage
buildings on top of someone?s backyard or right at their front door in this
case and according to this plan. He said we had a similar case with some
property on Schomburg Road and the same principle applied here and he can?t
reverse it based on that. He said he has to be fair and consistent with this as
well. He said normally this would go from general commercial to neighborhood
commercial, a step down, but that?s not what we are doing here. He said he
doesn?t have a problem with what you are trying to do on the front end, but he
does on the rear end. He said if things change then he would reconsider.
Councilor Allen asked the City Attorney if we put conditions on this piece
of property?
City Attorney Fay said the conditions in the ordinance are as follows:
The site plan developed by Ray Underwood Architect dated May 12, 2006 is hereby
incorporated by reference and made a part of this ordinance.
The property subject to rezoning shall be limited to office and mini-storage
use only.
Councilor Allen said if the property is sold it still can only be used for
office and mini-storage.
City Attorney Fay said it would take a rezoning change to modify these
conditions. He said the old limitation was twenty years, but that was removed
so this runs with the property.
Mr. Joe Waldrep said Councilor Davis has his feeling about this matter,
but said he has not talked to anyone in the neighborhood. He said Councilor
Davis is trying to protect those people who said that they are okay with this
project. He said those people who live out in this neighborhood have stood up
and said they fine with this and he can?t understand why we should deny this
man his right to do what his neighbors have said is okay with them.
He said it doesn?t make no sense to him and to deny rezoning of this property
when general commercial is on three sides of this property and tomorrow they
could sold this mobile home park to Kmart and they could come in and build
around Mr. Morrison?s property and swallow him up, and his property would be
worthless. He said he is just trying to protect the value of this man?s
property and his effort to maximum the value of his property, which is what
rezoning, is all about.
Mayor Wetherington then called the question on Councilor Hunter?s motion
to defeat the ordinance, which resulted in an inconclusive vote of 5 - 4.
Voting for the motion was Councilors Allen, Anthony, Davis, Hunter and Mayor
Pro Tem Turner Pugh. Voting against the motion was Councilors Baker, Barnes,
McDaniel and Woodson.
City Attorney Fay said there is no official action on today and this
ordinance would have to be brought back at next week?s meeting.
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THE FOLLOWING ORDINANCE WAS ALSO SUBMTTED AND EXPLAINED BY CITY ATTORNEY
FAY AND ADOPTED BY THE COUNCIL ON SECOND READING: ____________________________
An Ordinance (07-52) ? Rezoning property located at part of southern portion of
7401 Blackmon Road are proposed for rezoning from SFR1 (Single Family
Residential 1) District to RMF2 (Residential Multi-Family 2) District.
(31-A-07-Woodmont Properties, LLC.) The proposed use is apartments. The
Planning Advisory Commission and the Planning Department recommend approval.
Councilor McDaniel moved the adoption of the ordinance. Seconded by
Councilor Allen and carried unanimously by those nine members of Council
present for this meeting, with Councilor Henderson being absent.
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THE FOLLOWNIG RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY
AND ADOPTED BY THE COUNCIL:___________________________________________________
A Resolution (341-07) ? Authorizing the Board of Water Commissioners of
Columbus, Georgia, to file suit in its name and in the name of Columbus,
Georgia against the United States Army Corps of Engineers, the federal agency
that manages Lake Lanier and the Apalachicola, Flint and Chattahoochee Rivers,
seeking to insure an adequate water flow in the Chattahoochee River for the
needs of Columbus, Georgia and other certain relief. Councilor McDaniel moved
the adoption of the resolution. Seconded by Councilor Hunter and carried
unanimously by those eight members of Council present for this meeting, with
Mayor Pro Tem Turner Pugh voting no and Councilor Henderson being absent.
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THE FOLLOWING TWO ADD-ON RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY CITY
ATTORNEY FAY AND ADOPTED BY THE COUNCIL: _______________________________
A Resolution (342-07) ? Authorizing the settlement of the case of Otis L.
Reese vs. Columbus Consolidated Government in the U. S. District Court for the
Middle District of Georgia Columbus Division.
City Attorney Fay said this is a U.S. District case that was meditated
approximately two weeks ago. He said the settlement agreement includes terms;
the man items are payment of attorney fees in the amount of $17,500, out of a
total of $25,000, a monthly pension of $2,957.62 a month and service on a City
board. He said that agreement is ready for approval.
He said he believes that Mayor Pro Tem Turner Pugh wants to make a comment
regarding this matter. He said as you know in the complaint various allegations
were made against Mayor Pro Tem Pugh, City Manager Hugley and various other
officials. He said as in any case mediation involves some give and take on both
sides. He said the City empathically deny the allegations that was made against
Mayor Pro Tem Pugh and the City Manager.
Mayor Pro Tem Turner Pugh said when people sue the Government and they
make statements in that suit that a particular person named in that suit did
something and said something; she thinks that should be able to prove it. She
said she don?t think anybody should be able to sue the City based on something
they heard in the streets and then when the evidentiary (pre-trial) hearing
when the information was gathered as to who said what and what was said, it was
proved she did not say it. She said her name was listed in the newspaper as
saying things according to the suit and that is why she is not supporting this
authorization on today.
City Attorney Fay said the City and Mayor Pro Tem Pugh make no admissions
concerning those allegations and said we emphatically deny the allegations that
was made and said the matter is on the table for settlement.
Councilor McDaniel moved the adoption of the resolution. Seconded by
Councilor Woodson and carried unanimously by those seven members of Council
present at the time, with Mayor Pro Tem voting no and all other seven members
of Council present at the time voting yes, with Councilor Allen being absent
for this vote and Councilor Henderson being absent from the meeting.
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A Resolution (343-07) ? Authorizing the Mayor, City Manager and City
Attorney and their representatives to implement the conveyance of 37.74 acres
for the Library project site. Mayor Pro Tem Turner Pugh moved the adoption of
the resolution. Seconded by Councilor Woodson and carried
unanimously by those eight members of Council present at the time, with
Councilor Allen being absent for this vote and Councilor Henderson being absent
from the meeting.
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PUBLIC AGENDA:
MR. JOHN SIMMONS, RE: REQUESTING RECONSIDERATION ON COUNCIL?S VOTE LAST
WEEK ON THE RESOLUTION FOR A SPECIAL EXCEPTION USE FOR A WIRELESS COMMUNICATION
TOWER AT 2207 CUSSETA ROAD:__________
Mr. Steve Greenberg came forward and said he represents the applicant in
this case, Southeast Towers. He said Mr. Simmons is here tonight as well and he
is a representative of Southeast Towers, LLC. He also introduced some others
individuals who were also present with him Kendra Charo, as well as the
landowner, Jerome Cannon.
He said he would like to file with Clerk of Council Washington a
procedural constitutional challenge. He said he is also filing a copy of this
with City Attorney Fay. He said he has discussed this with Mr. Fay as well. He
said it came to his attention when he got involved in this matter a few days
ago that there was a mistake, which he believes was a typographical error in a
letter that was sent by the Planning Division to the City Council before this
matter was considered the first time, which said that the Planning Advisory
Commission had recommended denial of this application.
He said after he had quickly looked into it and consulted with his client,
he found out that the Planning Advisory Commission had in fact unanimously
recommended approval of the application. He said he has obtained a copy of the
minutes and he believes Mr. Fay has a copy of those, but he would ask that
Clerk of Council Washington to make those a part of the record as well.
Mr. Greenberg said because of certain circumstances he thinks some further
discussion of this application is merited. He said the main issue here is
whether or not to decrease the 300 foot setback requirement from the tower to
the nearest residential structure from what the ordinance requires, which is
300 feet, to what has been requested which is little bit less than that, which
is about 249 feet. He said they think this is a modest reduction; this is a 180
feet and would like to point out that this setback is about 70 feet more than
the height of the tower and doesn?t present any kind of safety concerns. He
said mostly importantly they think that the proposed Special Exception use is
very consistent with the surrounding land uses, which is primarily general
commercial. He said this is an excellent site and thinks it is the best site
for this tower. He said the applicant through Mr. Simmons has canvassed the
area very extensively and is essential for the coverage. He said without this
site being approved, it would prohibit the provision of wireless coverage in
this area.
He said the approval of this site would certainly promote of the growth of
this area, as well as assist in the growth in the nearby Fort Benning, which is
an important aspect of the economic development in the city. He said if for any
reasons the City Council is not persuaded to approve this application upon
reconsideration then they would respectfully request that the City Council at
least not disapprove or deny it tonight on reconsideration; they would request
in that event that the matter be tabled for some reasonable period of time so
that the applicant, Southeast Towers and the carrier whom it is building the
tower, which is AT & T Mobility would have a reasonable opportunity to continue
to work with the city and the Planning Department at least to explore what
alternatives might be available.
Councilor Allen, speaking to City Attorney Fay said there were some
members of the Council absent from the Council meeting last week and said they
would not be eligible to ask for consideration, as he understands the rules.
City Attorney Fay said that is correct. He said we need someone who voted
in the majority to actually make a motion to ask for reconsideration.
Councilor Allen said they would have to ask for reconsideration and then
they would have to make a motion that this matter be tabled for a certain
period of time to allow them to come back with a better plan. However, if it
stays and there is no reconsideration requested then they could reapply after a
certain period of time and then asked City Attorney Fay is this is how that
works.
City Attorney Fay said you could delay the item if you want to reconsider
it for a time certain, like 30 days. He then asked Mr. Will Johnson if this
matter is denied, what is the timeframe on coming back on this matter.
After the conclusion of his presentation, Mr. Greenberg, as well as Mr.
Rick Jones of the Planning Division then responded to questions of members of
the Council.
City Manager Hugley said with respect to the waiting period of coming back
to the Council said if it is a new application with a different approach then
there would be no waiting period, they could come back at any time.
City Attorney Fay said if there is no further motion this matter stands
denied by the Council.
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MR. WILLIAM ?BILL? MADISON, REPRESENTING NAACP, RE: NON-WARRANT INVOLVING
THE KENNEETH WALKER CASE, HISTORIC DISTRICT ? WILLIAM HENRY SPENCER
HOUSE:______________________________________________________
Mr. William Madison said there was a town hall meeting scheduled for
tomorrow after he meet with the Mayor & the Police Chief; but because he has
cancelled his meeting with the Police Chief there will be no town hall meeting
on tomorrow.
He said he would like to thank the Historic District, former Chairperson
Ms. Pebbles, current Chairperson Ms. Lawhorn and others for coming to the aid
of the Spencer House and delivering them a check so that they can fix the air
and the heating in the Spencer House and said the project is coming along.
Mr. Madison said Mr. Billy Benham passed away on Friday in Cartersville
and will be laid to rest on tomorrow in Cartersville.
He also made comments regarding the order that was handled down by Judge
Clay Land. He went into some details in outlining the sequences of events that
occurred when an informant went before the Judge and asked for the warrant to
search the vehicle that Mr. Kenneth Walker was riding in.
He said he would like for someone to tell this Community the truth, as to
whether or not a warrant taken out to go and chase down Kenneth Walker and his
drug buddies. He said the informant said he didn?t tell the Police anything
about any weapons or drugs.
Mr. Madison said he is here before the Council today trying to find out
some answers. He spent several minutes in asking questions to the Council. He
said it?s time for someone to come clean and tell the truth about the Kenneth
Walker case. He said he is going to keep coming before the Council until he
gets some answers.
Councilor Barnes said he has told Mr. Ed Dubose and now he is telling you,
Mr. Madison that all the information that you have, you need to disseminate it
to the public and let the public know. He said he would implore you that have
the information to go to the court of public opinion and make it known. He said
the biggest court is the court of public opinion.
He said because he is a member of the City Council, he is constrained by the
law and can?t talk about this situation.
Mr. Madison said December 10th will be the 4th Anniversary of Kenneth
Walker?s death and he would hope that this Council will go behind doors and
tell the District Attorney to do the right thing; you have enough evidence to
charge an officer of the law with perjury before a judge; rather than the
District Attorney saying he doesn?t know what you are talking about. He said
you have an officer in your Police force, we believe that has committed
perjury, we believe was the testimony. He said he is convinced that if a person
had been out on the police force ten or twelve times as an informant there
would be a record of his involvement and we could stop that lie immediately;
but said he doesn?t think we can stop that lie because it is the truth.
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MR. JAMES R. THORSON, RE: CENTRAL RIVERFRONT
DISTRICT:___________________________________________________
Mr. James R. Thorsen, 1236 Broadway said he and his wife live in the
Central Riverfront District and have done so for the last seven years. He said
they began exploring the possibility of moving to the Central Riverfront
District back in 1997, a little over 10 years ago and spent 2 years visiting
the various real estate and businesses in that area before they finally came to
a decision to move to the district. He said they believe that all the necessary
elements including the appropriate regulations were already in place to create
a vibrant diverse community with widespread appeal to all citizens of
Columbus. He said they were excited about moving to the Central Riverfront
District and investing a substantial amount of time, effort and monetary
resources.
He said before purchasing their building in 1999, they researched the
regulations applicable to the Hospitability industry down there and the Central
Riverfront District in Columbus in general. He said the regulations that they
researched was a major decision making process before they decided to move down
there. He said they were excited to find a note of the following things: (1) He
said it was a well established procedure for the presentation of outdoor
entertainment whether it was private or publicly sponsored, (2) He said there
was a very good outdoor caf? ordinance already approved that allowed
restaurants to serve food and beverage to sidewalk cafes on public property.
(3) He said there was a sound ordinance that allowed all sorts of outdoor
entertainment and those entertainments to go on until 10:00 p.m. He said they
could continue later than that if this City Council voted for them to do so,
but there was a process for this to happen.
(4)He said there were ordinances to prohibit the storage of food and beverages
on the sidewalk the preparation of food and beverages on the sidewalk and the
vending and street performance, which is a process known as busing. He said
those were all prohibited in the Central Riverfront District. (5) He said
there were ordinances that prohibited the consumption of alcoholic beverages on
public property, outdoor commercial property that is normally accessible to the
general public and in cars.
Mr. Thorson said what that means is that only restaurants operated outdoor
cafes in the Central Riverfront District. He said bars entertained patrons
inside the confines of their buildings. He said the commercial use of
amplified sound for outdoor entertainment on public or private property ended
at 10:00 p.m. and it was by permit of the City Manager and the Chief of Police.
He said people did not congregate in large numbers on the sidewalk at 12:00 and
1:00 a.m. in the morning, but they went into the businesses. He said none of
these guidelines or ordinances have been changed, and they are still applicable
to the Central Riverfront District and he believes that all of these
businesses, which have come down there since he moved down there and he
believes every one of the businesses down there are aware of these ordinances.
He said what is distressing to them is the apparent lack of any enforcement
of these vital zoning and environmental ordinances. He said for several years
these vital ordinances have been put on hold and the lack of enforcement has
had a profound effect on the Central Riverfront District.
Mr. Thorson then gave several examples of things that he said has been
occurring down there on the Central Riverfront District that are in violation
of the ordinance.
After the conclusion of his presentation, Mr. Thorson said he is
requesting that the Council in accordance with the Charter of Columbus that
the duly enacted ordinances that have been put on hold be enforced in the
Central Riverfront District until such time or unless the Council elects to
modify those ordinances.
Mayor Wetherington then asked if there were any questions of Mr. Thorson,
but there were none.
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CITY MANAGER?S AGENDA:
THE FOLLOWING RESOLUTION WAS DELAYED AT THE REQUEST OF CITY MANAGER
HUGLEY:______________________
A Resolution ? Authorizing the confirmation of Mr. Kenneth Jerome Cutts
as Director of Public Services.
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THE FOLLOWING FOUR RESOLUTIONS WERE ALSO SUBMITTED AND EXPLAINED BY CITY
MANAGER HUGLEY AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE
MOTION MADE BY MAYOR PRO TEM TURNER PUGH AND SECONDED BY COUNCILOR WOODSON,
WHICH CARRIED UNANIMOUSLY BY THOSE NINE MEMBER OF COUNCIL PRESENT FOR THIS
MEETING, WITH COUNCILOR HENDERSON BEING ABSENT: __________________
A Resolution (344-07) ? Authorizing the submission of an application and
if approved accept a $7,500 Purchase of Services grant from the Council of
Juvenile Court Judges of Muscogee County, Georgia for the Juvenile Offenders
Program.
A Resolution (345-07) ? Authorizing the submission of an application and
if approved accept a $125,000 grant from the Department of Juvenile Justice,
Office of Juvenile Justice and Delinquency Preventions for the Muscogee County
Marshal's Office, Junior Marshal Program.
A Resolution (346-07) ? Authorizing the submission of an application and
if approved accept $40,000 in funds from the Corporation for National and
Community Service for the RSVP Program.
A Resolution (347-07) ? Authorizing the transfer of 0.696 +/- acres of City
property at 5 - 8th Street to the Development Authority of Columbus for the
promotion of Economic Development.
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THE FOLLOWING FOUR PURCHASING RESOLUTIONS WERE ALSO SUBMITTED AND
EXPLAINED BY CITY MANAGER HUGLEY AND ADOPTED BY THE COUNCIL PURSUANT TO THE
ADOPTION OF A SINGLE MOTION MADE BY MAYOR PRO TEM TURNER PUGH AND SECONDED BY
COUNCILOR ALLEN, WHICH CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL
PRESENT FOR THIS MEETING, WITH COUNCILOR HENDERSON BEING
ABSENT:___________________
Regarding Resolution Number 351-07 below, Councilor Allen said we are
going to vote on $2,500,000.00, for additional library materials and services
for the Library Project and said he would like for City Manager Hugley to
clarify what that term encompasses.
City Manager Hugley said he has representatives from the Library Board
present here this morning, as well as Mr. George Vega. He said as you know we
initially approved a $40 million budget for the Library Board through the
Muscogee County School District and said they expended all of that budget and
they came back and asked for the balance that was remaining, which was
$6,078,000 and this Council did approve that; therefore, they are now
proceeding forward with closing out the Library Project. He said you voted
earlier on the City Attorney?s today declaring and closing out this project. He
said these things that are coming forward are tagged or labeled as change
orders because it is a change order from the original budget.
City Manager Hugley then went into further details in explaining the
change orders for the Library Project, that are listed on this agenda today.
He then asked if there were any members of the Library Board who are present
here today who would like to come and explain further or if there are further
questions, we can have them do that.
Ms. Claudia Mueller, Director of the Library said the $2,500,000.00 is
entirely earmarked for books and other materials. She said slightly over
$900,000.00 of that is for genealogical and local history material specially
and the remainder of is to be divided to fill gaps in the collection, primarily
the adult non-fiction, but there is also to be heavy expenditures in excess of
$600,000.00 for children?s material because we know that we have a particular
weakness in providing AR (Accelerated Reading) materials for the children. She
said they have actually titles selected already for the genealogical materials
that first $900,000.00 plus. She said for the remainder of the materials, they
are working now to get those titles selected. She said they know the broad
areas, but have not selected the titles, but should have that done within the
next 60 days.
Councilor Allen said we had $6,078,000 and if the $2.6 million is taken
out of that then the balance of that should be going towards the green space
that we talked about.
Ms. Claudia Mueller said there was some internal construction things that
wasn?t done in order to stay within the original $4.4 million budget; there was
no sound proofing done between the meeting rooms, but said it was on the list
that we sent to you some months ago. She said there would be the money left
that we agreed to for the green space after the planning is done for where the
other buildings are to go. She said that money would be there.
Councilor Allen said in addition to what the City had agreed to add to
that amount, to which Ms. Mueller said that is correct.
City Manager Hugley said when she says green space, they actually mean
landscaping, because we did defined landscaping in the Memorandum of
Understanding, so green space is landscaping.
Mayor Pro Tem Turner Pugh said we have already done an approval of how the
$6 million would be expedited and each time they get ready to spend the money
they have to come back to us to do a change order.
City Manager Hugley said that is correct. He said it would be listed on
his Agenda to authorize them to expend that money.
Mayor Pro Tem Turner Pugh then moved approval of the following
purchases.
A Resolution (348-07) ? Authorizing payment to National League of Cities
in the amount of $10,664.00 for membership dues. The National League of Cities
is the oldest and largest national organization representing municipal
governments throughout the United States. Its mission is to strengthen and
promote cities as centers of opportunity, leadership, and governance. Working
in partnership with the 49 state municipal leagues, the National League of
Cities serves as a resource to and an advocate for the more than 18,000 cities,
villages, and towns it represents. More than 1,600 municipalities of all sizes
pay dues to NLC and actively participate as leaders and voting members in the
organization. The National League of Cities provides numerous benefits to its
network of state municipal leagues and direct members.
A Resolution (349-07) ? Authorizing payment to the Georgia Municipal
Association (GMA) in the amount of $32,220.24 for 2007 - 2008 membership dues
for the City of Columbus, Georgia. GMA is a voluntary, non-profit organization
that provides legislative advocacy, education, employee benefit and technical
consulting services to its members.
A Resolution (350-07) ? Authorizing the execution of Change Order 1, with
Newton Aaron & Associates, Inc., in the amount of $99,250.00, for additional
construction management services for the Library. Council authorized the
construction management services contract on October 15, 2002, per Resolution
No. 583-02. Change Order 1 will include additional construction
management/Owner?s representative services required for analysis, pricing,
prioritizing, overseeing design and overseeing construction for the remaining
funds in the SPLOST project. This change order is per authorization from the
Muscogee County Library Board meeting of September 28, 2006 and Newton Aaron &
Associates, Inc., proposal letter dated November 5, 2006. Newton Aaron &
Associates, Inc., will provide work on a $7,479 monthly basis, which is
retroactive to October 1, 2006.
A Resolution (351-07) ? Authorize the execution of Change Order 2, with
Brodart Company, in the amount of $2,500,000.00, for additional library
materials and services. Council authorized the negotiated contract with
Brodart Company on February 3, 2004, per Resolution No. 69-04. Change Order 2
includes the purchase of additional books and other media.
*** *** ***
EXECUTIVE SESSION:
City Manager Hugley said he would like an executive session to discuss a
personnel matter after the adjournment of the Council meeting today.
*** *** ***
TAX REFORM SESSION:
City Manager Hugley said there will be a tax reform session, tour Georgia
to help citizens learn about tax reform and modernization that will be held in
Columbus on September 4th at CSU from 4:00 ? 6:00 p.m.
He said there will be a series of meetings held throughout the State and we are
happy that they are having one here in Columbus.
He said one member of Council had mentioned that because this is going to
be an evening Council meeting for us that we might want to consider changing
that meeting to a morning meeting; therefore, he would check with each of the
Council members to see if they desire to do that in order that you might want
to attend this important meeting on tax reform.
*** *** ***
TRUCKS NOT BEING COVERED:
Mayor Pro Tem Turner Pugh said there have been complaints about trucks
going around Columbus and not having the materials they are carrying covered.
She said any time a truck is carrying materials they are supposed to have those
materials covered so they don?t fly off the truck and litter up the community.
She said we are seeing a lot of trucks going through the community and things
are flying off.
She said one of the things that we need to look at with respect to the
landfill is that if we have people driving trucks out to the landfill to dump
and they don?t have it covered, they should be cited. She said there is an
ordinance in place that should cover this.
Mayor Pro Tem Turner Pugh said she would like for us to also contact the
railroad because she sat the railroad trucks on Buena Vista Road waiting
twenty-five minutes for the train to go through. She said some of the bins were
not covered and they were carrying metal materials. She said they should also
have things covered when they travel through this community. She said if it is
not in the ordinance as it relates to train cars having materials covered, it
needs to be put in the ordinance.
She said if you want to send out notification to everyone dumping in the
landfill as to what the law is, citing a portion of the ordinance that is in
place where it requires a cover on, then we need to do that.
City Manager Hugley said he needs to verify that, but said he believes we
don?t allow them to come into the landfill without the tarps on the trucks, but
he would verify that.
Mayor Wetherington said he would pass that on to the Police Chief as well.
Mayor Pro Tem Turner Pugh said that the City Attorney would need to
contact the railroad.
City Attorney Fay said the truck issue is a local issue that can be looked
at with the Police Chief and the landfill personnel. He said with respect to
the rail car, they can certainly get a request to the railroad companies about
that; but said we don?t have the legal jurisdiction to regulate the carries
because it is an interstate commerce carrier. He said he would look into that
and get a request to the companies.
Councilor Davis said he would like for our departments to explore ways
that we can solve some of these issues and concerns. He said he has called in
numerous times about the trucks on Fortson and Double Churches Road where those
quarry trucks are coming off there and spill roads all over the road and our
people have to go out there and clean up the roads. He said no only that, the
issues that we have and the problems with the roads and having to reconstruct
them.
He said at some point in time we may have to explore impact fees because
some of these operations should be held liable or either they need to go by the
guideline and understand that because it is costing the taxpayers dollars and
taking time away from public services when they have to go out and clean up the
road. He said he would like to hear from our staff with some creative ways as
to how we can deal with some of these issues.
--------------------------------------*** ***
***--------------------------------
CLERK OF COUNCIL?S AGENDA:
CLERK OF COUNCIL WASHINGTON SUBMITTED THE FOLLOWING ITEMS AS INFORMATION
FOR THE MAYOR & COUNCIL:___________________________________________________
Notice of 2007 ACCG Fall Policy Conference, October 1 - 3, 2007, in Atlanta,
Georgia.
Information submitted by Mr. John Simmons Re: Special Exception for a wireless
communication tower located at 2207 Cusseta Road that was denied by the Council
at its July 31, 2007 meeting.
*** *** ***
MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL
WASHINGTON AND OFFICIALLY RECEIVED BY THE COUNCIL:
________________________________
Board of Tax Assessors, No. 29-07.
Board of Elections & Registration, January 4, 2007.
Board of Elections & Registration, February 1, 2007.
Board of Elections & Registration, April 5, 2007.
Board of Elections & Registration, May 3, 2007.
Board of Elections & Registration, June 19, 2007.
Development Authority, February 1, 2007.
Development Authority, March 1, 2007.
Development Authority, April 5, 2007.
Councilor McDaniel moved the minutes be received. Seconded by
Councilor Allen and carried unanimously by those nine members of Council
present for this meeting, with Councilor Henderson being absent.
*** *** ***
BOARD APPOINTMENTS:
EMPLOYEES?S PENSION BOARD OF TRUSTEES:
Clerk of Council Washington pointed out that the term of office of
Mr. Robert Futrell, who serves as the Public Safety representative on the
Employees? Pension Board of Trustees term of office expired on June 30, 2007,
but that he is eligible succeed himself for another term of office.
She said the Mayor is working on this recommendation.
She said Mr. Harvey Milner, who serves as the City Employee Representative
is not eligible to succeed himself and that the City Manager is working a
replacement for this position.
*** *** ***
YOUTH ADVISORY COUNCIL:
Clerk of Council Washington pointed out that the Mayor and Council must
nominate someone from their respective districts for the 2007? 2008 school
year. She said we still need nominations for Council Districts 4, 5, 6, 7, 8 &
10.
She pointed out that Mayor Wetherington is nominating Tyeshia Robinson,
who is a 10th Grader at Carver High School and that she may be confirmed.
Mayor Pro Tem Turner made a motion that she be confirmed. Seconded by Councilor
Woodson and carried unanimously by those nine members of Council present for
this meeting, with Councilor Henderson being absent.
Clerk of Council Washington also pointed out that Councilor Anthony was
nominating Ashley Gerkin and that she may also be confirmed. Mayor Pro Tem
Turner made a motion that she be confirmed. Seconded by Councilor Woodson and
carried unanimously by those nine members of Council present for this meeting,
with Councilor Henderson being absent.
*** *** ***
EXECUTIVE SESSION:
Regarding an earlier request of the City Manager to go into executive
session to discuss a personnel matter, Mayor Pro Tem Turner made a motion to go
into executive session. Seconded by Councilor Woodson and carried unanimously
by those nine members of Council present for this meeting, with Councilor
Henderson being absent.
*** *** ***
At 6:55 p.m. the meeting was adjourned to allow the Council to go into an
executive session.
*** *** ***
At 8:20 p.m. the meeting was called back to order, at which time Mayor
Wetherington pointed out that the Council met in an executive session to
discuss a personnel matter, but there were no votes taken.
*** *** ***
FORMER MAYOR POYDASHEFF:
Mayor Wetherington said that former Mayor Bob Poydasheff fell and had to
have hip replacement surgery. He said he is in the Hughston Clinic, and will be
in the hospital for a couple of weeks.
*** *** ***
With there being no other business to come before this Council, Mayor
Wetherington then asked if there was anyone from the audience who had an issue
to come before the Council, they could be heard at this time.
Mr. Paul Olson, 13830 Upatoi Lane said he read in the Sunday newspaper
about the Public Services Director being tapped. He said he knows that City
Manager Hugley had nominated this person and said he has some problems with it,
because he did some investigating and in reading the article itself as this
person works for Congressman Sanford Bishop. He said it seems like the City is
always rewarding failure.
He said here is a person that you want to nominate that was a field
representative for one of the poorest and as far as he is concerned, one of the
most inept congressional district in the United States. He said at the same
time, he is a Poly Science major from Albany State, and said he doesn?t see the
correlation of a Poly Science major and someone that is going to be taking over
the position of Public Services Director.
Mr. Olson continued to speak for several minutes regarding the appointment
of a Public Services Director saying this is an area that to him is a great
concern and said we don?t want to fill this position with a person that doesn?t
have the experience. He said this city has experienced a lot of problems with
landfill collections and said we don?t want to be down that road again.
*** *** ***
Mr. Abdul Hasan, 3521 Strafford Drive distributed information to the
Council, saying this is somewhat of a speedy matter for him. He said he found
out all this information today and he had to take action today.
He said Action Building went before the Board of Zoning Appeals, and he
listened to the tapes. He said they said things that he didn?t say and
disagrees with, and he came here just to go on record saying that he disagree
with what?s going on and what they are doing. He said if you would read the
paperwork that he has provided to you, you would see that Action Building wants
to put a gate in front of his carport that he explicitly asked them before they
did what they did, if this is legal. He said in his in his contract he thought
he paid for a building permit and he found out two years later that they didn?t
do what they were supposed to do and now they are trying to pass the buck. He
said they are trying to clear themselves and make his property look like
shambles. He said he didn?t bring any pictures today. He said he designed the
carport to accommodate his landscaping. He said to put a fence or gate it would
totally disrupt his landscape scenery and he totally disagree with what they
are trying to do. He said he just wanted to let the City Council know what is
going on.
*** *** ***
With there being no other business to come before this Council, Mayor Pro
Tem Turner Pugh then made a motion to adjourn. Seconded by Councilor Woodson
and carried unanimously by those nine members of Council present for this
meeting, with Councilor Henderson being absent and with the time being 8:32
p.m.
*** *** ***
Tiny B. Washington, CMC
Clerk of Council
The Council of Columbus, Georgia
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