Columbus, Georgia

Georgia's First Consolidated Government

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

Council Members

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR 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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