Columbus, Georgia

Georgia's First Consolidated Government

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

Council Members

MINUTES

COUNCIL OF COLUMBUS, GEORGIA

REGULAR MEETING



SEPTEMBER 12, 2006





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

to order at 9:04 A.M., Tuesday, September 12, 2006, in the Council Chambers,

Government Center, Columbus, Georgia. Honorable Robert S. Poydasheff, Mayor and

John J. Rodgers, Mayor Pro Tem presiding.



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PRESENT: Present other than Mayor Poydasheff and Mayor Pro Tem John J. Rodgers

were Councilors R. Gary Allen, Wayne Anthony, Glenn Davis, Berry Henderson,

Julius H. Hunter, Jr., Charles E. McDaniel, Jr., Evelyn Turner Pugh, Nathan

Suber and Evelyn Woodson (arrived at 9:10 a.m.). Deputy City Manager Lisa

Goodwin, City Attorney Clifton Fay, Clerk of Council Tiny B. Washington and

Deputy Clerk of Council Sandra Davis were also present.



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ABSENT: City Manager Isaiah Hugley was absent, but was represented by Deputy

City Manager Lisa Goodwin.



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INVOCATION: Offered by Dr. Charles Rodgers, Pastor Cathedral of Prayer.



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PLEDGE OF ALLEGIANCE: Led by students of Columbus First Seventh Day Adventist

Church.

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PROCLAMATIONS:



?CONSTITUTION WEEK?



With Ms. Kitty Thompkins, Regent Daughters of the American Revolution

George Walton Chapters, Ms. Erin Moore, President of the Lucy Spell Raiford

Society Children of the American Revolution and members of the Sons of American

Revolution standing at the Council table, Councilor McDaniel read the

proclamation of Mayor Poydasheff, proclaiming September 17 - 23, 2006 as

?Constitution Week?, in Columbus, Georgia.



Mayor Poydasheff noted that there are constitutions that are available to

the public that are located on the table outside of the Council Chambers.



Arthur Hall, State President of the Georgia Society of American Revolution

was asked to come forward to comment on his project. He announced that his

State project is to raise money for the Colonial Period for the National

Infantry Museum on Ft. Benning.

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MUSCOGEE COUNTY PRISON:



Warden Bill Adamson, came forward to publicly announce that he was

notified by the State Department of Corrections that the Muscogee County Prison

has been selected as the State-wide County Facility of the Year for 2005.

Councilor Hunter then requested that the Council jointly sponsor a resolution

in honor of this recognition.

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PROCLAMATIONS:



?NATIONAL ASSISTED LIVING WEEK?



With Ms. Brenda Jenkins, Program Services Director Morningside Assisted

Living standing at the Council table, Councilor Anthony read the proclamation

of Mayor Poydasheff, proclaiming September 10 - 16, 2006 as ?National Assisted

Living Week?, in Columbus, Georgia.



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CITY ATTORNEY?S AGENDA:



THE FOLLOWING ELEVEN RESOLUTIONS EXPRESSING APPRECIATION FOR SERVICE WERE

SUBMITTED BY CITY ATTORNEY FAY AND THEIR CAPTIONS READ BY MAYOR PRO TEM RODGERS

AND WERE ADOPTED UPON A SINGLE MOTION MADE BY MAYOR PRO TEM RODGERS AND

SECONDED BY COUNCILOR ALLEN, WHICH CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS

PRESENT FOR THIS MEETING:



A Resolution (377-06) - Expressing appreciation to Mr. Stephen Butler for

his meritorious service on the Downtown Development Authority.



A Resolution (378-06) - Expressing appreciation to Mr. James Yancey for

his meritorious service on the Development Authority.



A Resolution (379-06) - Expressing appreciation to Ms. Marquette McKnight

for her meritorious service on the Board of Health.



A Resolution (380-06) - Expressing appreciation to Ms. Brenda Dozier for

her meritorious service on the Recreation Advisory Board.



A Resolution (381-06) - Expressing appreciation to Ms. Emma Hunter for her

meritorious service on the Hospital Authority of Columbus.



A Resolution (382-06) - Expressing appreciation to Ms. Susan Beck for her

meritorious service on the Hospital Authority of Columbus.



A Resolution (383-06) - Expressing appreciation to Mr. Robert Kelly for

his meritorious service on the West Central Georgia Regional Mental Health,

Developmental Disabilities and Addictive Diseases Planning Board.



A Resolution (384-06) - Expressing appreciation to Mr. Ralph Huling for

his meritorious service on the West Central Georgia Regional Mental Health,

Developmental Disabilities and Addictive Diseases Planning Board.



A Resolution (385-06) - Expressing appreciation to Ms. Keyla Cabret for

her meritorious service on the Public Safety Commission.



A Resolution (386-06) - Expressing appreciation to Mr. Fred Greene for his

meritorious service on the Uptown Fa?ade Board.



A Resolution (387-06) - Expressing appreciation to Mr. Jack Collins for

his meritorious service on the Uptown Fa?ade Board.

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MINUTES: Minutes of the September 5, 2006 meeting of the Council of the

Consolidated Government of Columbus, Georgia was submitted and approved upon

the adoption of a motion made by Mayor Pro Tem Rodgers and seconded by

Councilor Allen, which carried unanimously by those ten members of Council

present for this meeting.

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ZONING PUBLIC HEARINGS:



THE FOLLOWING ORDINANCE TO AMEND THE ZONING ATLAS OF COLUMBUS, GEORGIA WAS

SUBMITTED BY CITY ATTORNEY FAY AND A PUBLIC HEARING WAS HELD AS

ADVERTISED:





An Ordinance - Rezoning property located on parts of 4348 and 4410 Buena

Vista Road is proposed for rezoning from SFR2 (Single Family Residential 2)

District and LMI (Light Manufacturing / Industrial) District to GC (General

Commercial) District. (46-A-06-Cantrell)



PROPONENTS & OPPONENTS:



City Attorney Fay recognized the presence of the petitioner, Ms. Lucy

Jones but she did not make a presentation since no one came forward in

opposition.



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THE FOLLOWING TWO ORDINANCES TO AMEND THE ZONING ATLAS OF COLUMBUS,

GEORGIA WERE SUBMITTED BY CITY ATTORNEY FAY AND A PUBLIC HEARING WAS HELD ON

EACH AS ADVERTISED:



An Ordinance - Rezoning property located at 1151 & 1211 Floyd Road is

proposed for rezoning from SFR2 (Single Family Residential 2) District to RMF2

(Residential Multi-Family 2) District. (51-A-06-Calvin)



An Ordinance - Rezoning property located at Rezoning property located at

1137 Floyd Road is proposed for rezoning from SFR2 (Single Family Residential

2) District to GC (General Commercial) District. (52-A-06-Calvin)



PROPONENTS:



City Attorney Fay recognized the presence of the petitioner, Mr. Ed

Calvin, and asked that he come forward since there were individuals present in

opposition.



Mr. Ed Calvin, resides in California, approached the rostrum to advise

that he owns property on Floyd Road. He advised that he owns a self-storage

unit and plans to buy the 5.685 acres adjacent to that property for expansion

of the storage facility and to do multi-family on the remainder of the

property. He estimated that there is 1.36 acres involved in the self-storage

with the remainder being multi-family. He said his plans are to build the

commercial first, then construct the residential. He advised that the contract

to purchase the property is contingent upon the rezoning.



In response to a question of Councilor Davis, Mr. Calvin pointed out that

there would be approximately 4.4 acres of property available for multi-family

with a total of 48 units in townhouse style with a lower and upper floor.







OPPONENTS:



Mr. Greg King, 4808 Floyd Court, came forward and using the overhead

projector, pointed out the location where he resides in relation to this

rezoning. He expressed concerns with the storm water run-off that comes from

this property, the two-story units that would abut the backyard of adjacent

property owners, the parking, noise, traffic and price range of the units. He

reiterated concerns with the individuals who may be renting the units and their

ability to view the backyard of adjacent neighbors.



Mayor Poydasheff clarified that Mr. King does not have objections with the

1137 Floyd Road rezoning from Single Family Residential 2 to General

Commercial, at which time, Mr. King agreed with the comment.



Councilor Suber asked about the trees that were cut down on the property

where the church is located, at which time, Mr. King recalled that when the

church was able to clear that property, this is when the flooding problem

began. He advised that the City cut the detention pond that is there for the

purpose of routing the water into the ditch to slow it down.



Assistant Engineering Director Donna Newman, explained that the only

information she has is that in 1995 the church made application for a permit,

which was approved in 1996. She pointed out that the church started doing some

work and apparently ran into some financial problems and decided to abandon

that project. She pointed out that there was a plan for a detention pond as

part of that project, but they never completed the project. She explained that

during that time we worked with the citizens and we thought the issue was

resolved; we have not received another complaint since we worked with them back

in 1996.



After continued questions from Councilor Suber regarding the abandoned

project that was permitted by the City, Mr. King explained that there has not

been complaints from the neighbors because there is no run-off because the

natural vegetation has grown back up and holding the water.



Mayor Poydasheff suggested researching to find out if the City has done

any work in the area. Assistant Engineering Director Newman said that they

would follow up on this matter.



The following individuals came forward to express their opposition to the

proposed rezoning: Mr. Joe Mendoza, 4716 Acorn Street, expressed concerns with

teenagers using the area as a shortcut. The following individuals also came

forward to express concerns to include but not limited to traffic, decreased

property value and drainage problems: Ms. Linda Sterdavent, 4816 Floyd Court;

Mr. James Dalton, 4707 Acorn Street; Ms. Erma Pendleton; Mr. Don Goodrow, 4736

White Oak Street; Ms. Selmby 4803 Acorn Street.



Councilor Suber said that he is hearing now that the citizens in this area

have been having water problems since the City gave a permit for the owner of

the church to start clearing the property. He then requested that the staff go

to Floyd Court and find out why that area continues to flood, and also, what we

can do to assist the citizens that live on Acorn Street, Burt Street and Floyd

Court to alleviate the water that is flowing onto their property.



Councilor Allen called attention to the report regarding this property

being in a flood plain and reads that, ?the developer would need to provide an

approved drainage plan?. He then asked if the drainage plan would address the

concerns? Mr. Calvin maintained that it would have to; however, they have not

gotten to that point yet. He then used the overhead projector to briefly

describe some of the preliminary plans. In response to further questions from

Councilor Allen, Mr. Calvin explained that he would build a detention pond but

does not have any plans for any water flow control beyond the detention pond.



Councilor Henderson said that his understanding of the storm water runoff

or rainwater mitigation plan that has to be submitted is in relation to them

showing that there was not going to be any alteration to the terrain that would

reroute water. Assistant Engineering Director Newman explained that they have

to address the increase that is produced by adding the impervious service,

which is concrete and asphalt, as well as directing concentrated discharge on

the adjacent property. She added that they have to dissipate the velocities

and address water quality.



With there being no one else to come forward in favor or opposing this

rezoning ordinance, City Attorney Fay declared the two public hearing as having

been heard and would be voted on next week. He pointed out that there are no

conditions on the table as of today.



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THE FOLLOWING ORDINANCE TO AMEND THE TEXT OF THE UNIFIED DEVELOPMENT

ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY AND WAS INTRODUCED

ON FIRST

READING:





An Ordinance - A text amendment to the Unified Development Ordinance to

amend requirements for existing nonconforming dumpsters. (53-A-06-Planning

Dept.)



Councilor McDaniel reemphasized that if this ordinance is adopted that the

staff notify everybody that manages property and suggested running an ad in the

newspaper regarding it. Transportation Planning Director Rick Jones assured

that we have had meetings and have done our best to get the information out.



Councilor Henderson suggested identifying the troublesome areas and

addressing some of the concerns that way, because he was uncomfortable with

approving the amendment as it reads now. Transportation Planning Director

Jones agreed that it may be best to take a step back and look at this issue one

more time. He suggested that we present the information to the Council again

during a work session. He pointed out that there is an October deadline on the

existing ordinance and we need to put that on hold for the time being until we

get this ordinance or another ordinance in place.



Councilor Suber called attention to the improvements that have occurred by

picking up around their particular dumpsters. He mentioned the undue burden

and expense that would be incurred on apartment owners and some business

people. He then suggested that the enforcement is the most important element.

He recalled that we have two less employees in Special Enforcement; however, we

do have radios in our garbage trucks for security and reporting purposes.



Councilor Davis reminded the viewing audience that there is a hardship

clause in the ordinance, which provides a number of options, one of which, they

could go before the Board of Zoning Appeals to present their case, and we would

be able to work with those people.



Councilor Anthony suggested that the following issues should be

approached: the current dumpsters and if they are being maintained by the

owners, current dumpsters and if the gates would actually accomplish the

objectives that the Council has discussed and addressing the dumpsters that are

built in the future. He requested that with the delay, the staff should put

some additional teeth involved in maintaining of the current dumpsters that

exist.



In response to a comment of Councilor Suber, Transportation Director Jones

advised that the ordinance reads now that any new construction, the City

requires four-sides with gates and they have to be of a light material of the

same building. He explained that for existing dumpsters or nonconforming uses

now, we do require four-sides with gates but they don?t have to be of a light

material. He recalled that the proposed ordinance reads that there could be

only three sides with no gates, provided that the dumpsters is oriented away

from public view. He said that there is no grandfathering in of current

dumpsters.



After some additional discussion, Councilor Henderson made a motion for a

delay at least until the next work session. Seconded by Councilor McDaniel.



Councilor Turner Pugh requested that the staff go out and take pictures of

these dumpsters that we have been talking about so we can look at them and have

more discussion on it.



Transportation Planning Director Jones further clarified some of the

questions raised by the members of Council. Deputy City Manager Goodwin added

that the Planning Advisory Commission recommended that all existing

nonconforming dumpsters be grandfathered in and that recommendation did not

come from the Planning Department.



Councilor Allen requested that the staff look at the ordinance going

forward and put in some type of catch-up clause that reads that existing

dumpsters would have to meet the requirements of the new ordinance by a certain

date in the future. He then asked if there was a way to require a scheduled

pickup for commercial and apartment type units.



OPPOSITION:



Mr. Fred Greene, Chairman of Property Management Committee for the

Columbus Board of Realtors, expressed concerns that older complexes do not have

room to accommodate a dumpster that has three sided enclosures much less four.

He then requested that we be involved with some of the discussions surrounding

this ordinance.



Mr. Tom Calhoun, 2520 Wynnton Road, came forward to advise that his

biggest concern is the cost of the enclosure. He suggested additional

enforcement of the current ordinance.



The following individuals also came forward to express similar concerns

and matters regarding the notification process, as well as their particular

concerns: Mr. Richard Clark, 575 Holland Drive; Mr. Arch Arnold, 3217

Catherine Drive; Mr. Tray Carmick, 2506 Hilton Avenue;



Mr. Frank Comer, 4827 Techwood Drive, representing Wynnton Hardware and

Chapmans, expressed several concerns including the notification process,

possible activity by vagrants that could cause security issues and comments

regarding existing problems within the community.



Councilor Suber requested that we speak to the Police Chief regarding

these matters and we need to do better. Deputy City Manager Goodwin stated

that the staff would contact Mr. Comer to get some additional information from

him. Mayor Poydasheff suggested a public notice in the newspaper and scroll it

on the television.



Mayor Poydasheff called attention to the motion for delay and suggested

that the Council extend the period of time for the delay. City Attorney Fay

advised that the City Manager is going to hold off on any enforcement on the

UDO provision that would affect existing nonconforming dumpsters.

Councilor Woodson spoke of similar incidents as mentioned by Mr. Comer.

She advised that the Police Department is working on complaints, but they

cannot discuss what actions they are taking because it is a lot of undercover

work to catch the perpetrators in the act. She advised that there is a State

Law that could be used where if drug activities continue at a property and the

individuals are cited on three occasions; then, that property owner loses their

property.



Councilor Suber then made a substitute motion to delay the ordinance for

two months. Seconded by Councilor McDaniel and carried by a vote of six to two

with Councilors Hunter and Turner Pugh voting no and all other six members

voting yes with Councilor Davis not casting a vote and Councilor Woodson being

absent for the vote.



Councilor Suber also suggested that when this matter is brought forth

during a work session, that we allow the citizens to be heard. Mayor

Poydasheff suggested making a motion at that time for the citizens to be heard.



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THE FOLLOWING ORDINANCE WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY

AND INTRODUCED ON FIRST

READING:





An Ordinance - providing for the demolition of structures located at:

(1) 3150 Plateau Drive, Lot 711 (Michael James Burton, owner);

(2) 1032 42nd Street (Nina T. Crook, owner);

(3) 3400 St. Mary?s Road, Lot 155 (Bennie Foster, owner);

(4) 1633 Shepherd Drive (Deborah Green, owner);

(5) 4249 Willis Street (Leola Love Jones, Estate %Percy Jones);

(6) 1500, 1504 & 1506 24th Street (Christobal Lopez, owner);

(7) 4610 17th Avenue (Steve M. Oliver, owner);

(8) 1509 26th Street (Judith Orange & Obra Williams, owners);

(9) 3211 10th Street (Mamie Pace, owner);

(10) 2506 4th Avenue (Saving House, Inc. %Lagenia F. Arnold, owner);

(11) 819 Winston Road (Brenda Joyce Fulford Taylor, owner);

(12) 375 Bragg Smith Street (Annie L. Thomas, owner);

(13) 912 Fletcher Avenue (John T. Vollentine, owner);

and for demolition services for the Inspections and Code

Division in accordance with the attached Tabulation of Bid sheet. (Councilor

McDaniel)





Mr. Bennie Foster, 3400 St. Mary?s Road, came forward to request some

additional time for repairs.



Councilor Henderson went over the chronology of events that occurred as a

result of Mr. Foster purchasing the property in October; however, problems had

been documented before that time with the previous owner.



Mr. Foster briefly described the work that he has done to the property,

but there was no action from the members of Council.



Ms. Deborah Green, 1633 Shepherd Drive, approached the rostrum and

requested ninety days to get a dumpster and clear the debris. She advised that

the structure is down. She explained that she was granted a demolition permit

in April 2006, and it does not expire until October and was concerned that the

property was listed for demolition.



Ms. Rebecca Wiggins pointed out that when Ms. Green purchased the

property, it was in derelict condition and she was sent a repair notice. She

explained that Ms. Green did not make the repairs; therefore, we condemned the

building. Ms. Wiggins advised that we want to proceed with our process in case

Ms. Green is unable to complete this job.



Councilor Suber explained to Ms. Green that the Council would approve the

demolition but if she is able to get the property cleared before then, the City

would not have to demolish it.



Ms. Green then requested a ninety-day extension even though her permit

does not expire until October 11th; however, there was no action taken by the

Council.



Ms. Judith Orange, 1509 26th Street, came forward to advise that her

property is almost completely down. She said that the property was damaged as

a result of arson and requested some additional time to complete the demolition.



Ms. Wiggins advised that an inspector was sent to this property on

yesterday to take photographs and the owners did purchase a demolition permit.

She explained that what is left is one wall, a chimney and some brickwork. She

then recommended that the Council approve this demolition for the same reasons

as the previous one. She said should they not be able to perform, we would like

the authority to take this structure down; however, they are making progress.



Councilor Turner Pugh asked questions regarding the purchase of a

demolition permit, at which time, Ms. Wiggins advised that when an individual

purchases a demolition permit, the permit reads at the bottom that ? the permit

is good for six months unless work ceases?, however, the demolition ordinance

overrides that permit. She explained that they would have the time limit

that?s allowed to them under the demolition ordinance. Inspections & Code

Enforcement Director Bill Duck, further expounded on the demolition permit.



Councilor Turner Pugh expressed concerns that citizens purchase a permit

with the thought that they have six months to demolish the property. Mayor

Poydasheff suggested that the staff take a look at the language and get

together with the City Attorney and if the language is unclear; then, the issue

should be resolved in favor of the person receiving the demolition notice.



Ms. Lagenia F. Arnold, 374 Victoria Drive, representing Saving House, Inc.

Re: 2506 4th Avenue, advised that her organization was given this house and

thought that they could fix this house. She pointed out that we are a

foundation who helps women and children. She spoke of the foundation?s efforts

to secure funding to repair the home but was unable to do so. She said that

this foundation is publicly funded and provided information on how people could

donate funds to this organization.



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

SUBMITTED BY CITY ATTORNEY FAY AND DELAYED ON SECOND READING BY THE

COUNCIL:







An Ordinance - Rezoning property located at 5019 Armour Road is proposed

for rezoning from RO (Residential-Office) District to GC (General Commercial)

District.

(48-CA-06-Sign Makers, Inc.)



Councilor McDaniel requested a one-week delay. He then requested that the

Traffic Engineer go to this location and see if the City could close Billie

Drive for a drive way and let them use Armour Road. He reported that the

petitioner keeps quite a few vehicles at this location and Mayor Pro Tem

Rodgers had asked him last week if he was making big signs. He added that the

petitioner has a truck there with a crane on it, which he believes that the

petitioner is doing more than making little signs. He also mentioned that the

petitioner is operating out of that building and the property has not been

rezoned.



Councilor Allen seconded the motion for a one-week delay, which carried

unanimously by those ten members present for this meeting.



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

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

READING:





An Ordinance - Rezoning property located at 4621, 4623 and 4627 Milgen

Road is proposed for rezoning from LMI (Light Manufacturing/Industrial)

District to RMF2 (Residential Multi-Family 2) District. (50-D-06-Moon Family

Corp.) Mayor Pro Tem Rodgers moved its defeat. Seconded by Councilor Allen and

carried unanimously by those ten members present for this meeting.



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THE FOLLOWING TWO ORDINANCES AMENDING THE ZONING ATLAS OF COLUMBUS,

GEORGIA WERE SUBMITTED BY CITY ATTORNEY FAY AND APPROVED ON SECOND READING BY A

SINGLE MOTION MADE BY COUNCILOR ALLEN AND SECONDED BY COUNCILOR MCDANIEL, WHICH

CARRIED UNANIMOUSLY BY THOSE NINE MEMBERS PRESENT WITH COUNCILOR SUBER BEING

ABSENT FOR THE VOTE:



An Ordinance (06-78) - Rezoning property located as parts of 4348 and 4410

Buena Vista Road is proposed for rezoning from SFR2 (Single Family Residential

2) District and LMI (Light Manufacturing/Industrial) District to GC (General

Commercial) District. (46-A-06-Cantrell)



An Ordinance (06-79) - Rezoning property located at 5111 Armour Road is

proposed for rezoning from RO (Residential-Office) District to NC (Neighborhood

Commercial) District. (47-CA-06-Skeleton)



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

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

READING:





An ordinance (06-80) - Amending Chapter 13 of the Columbus Code by

providing for notice of unlawful vegetation and weeds; providing ten days to

correct violations and providing for citation to Recorder?s Court upon failure

to comply; and for other purposes. Councilor Turner Pugh moved its adoption.

Seconded by Councilor Allen and carried by a vote of eight to one with Mayor

Pro Tem Rodgers voting no and all other present voting yes with Councilor Suber

being absent for this vote.



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AUDITOR?S POSITION:



Mayor Pro Tem Rodgers suggested re-looking at the idea of reinstating the

Internal Auditor?s position in City Government. He said the ordinance that

would be drafted would have the Auditor reporting directly to the Council. He

said that with this position, it would enable us to prevent some situations as

we are encountering and enduring now.

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PUBLIC AGENDA:



MR. FRANK K. MARTIN, RE: CITY PAY PLAN APPEAL AND CITY FINANCE

DEPARTMENT:





Mr. Frank Martin came forward and asked questions in reference to the

appeal process of the City?s pay plan. He specifically asked if the appeal is

retroactive to the implementation of the current pay plan, at which time, City

Attorney Fay advised that any employee affected by the plan beginning July 1,

could enter an appeal as of October 1st.



Mr. Martin asked if the appellate process administered by the University

of Georgia would cost the City any additional amount, at which time, Mayor

Poydasheff advised that the appellate process was part of the original contract

with the University of Georgia, which has been paid for.



Mr. Martin then suggested that the City cut the University of Georgia out

as the intermediate appellate body and allow the Council to make the decision

regarding the appeals.



In response to another question of Mr. Martin in relation to the Finance

Department, Mayor Poydasheff advised that the former Finance Director is

receiving the same level of pay and a precedent has been set for that. He

explained that we have an interim director, who is being paid at the level she

is supposed to be paid under normal consideration.



Mr. Martin spoke about the large amounts of money in fines and add-ons

that have been collected in the court system. He expressed a concern that

there is money in the bank that is not being paid back out to the City of

Columbus. Mayor Poydasheff advised that we are aware of that and are working

with the Clerk of Court.



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CITY MANAGER?S AGENDA:



THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY DEPUTY CITY

MANAGER GOODWIN AND ADOPTED BY THE

COUNCIL:



A Resolution (388-06) - Requesting approval for the confirmation of Mrs.

Pamela Hodge as Interim Director of the Finance Department. Councilor Suber

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

nine members present with Councilor Turner Pugh being absent for the vote.



*** *** ***



THE FOLLOWING TWO RESOLUTIONS WERE SUBMITTED AND EXPLAINED BY DEPUTY CITY

MANAGER GOODWIN AND ADOPTED BY THE COUNCIL UPON A SINGLE MOTION MADE BY

COUNCILOR MCDANIEL AND SECONDED BY MAYOR PRO TEM RODGERS, WHICH CARRIED

UNANIMOUSLY BY THOSE NINE MEMBERS PRESENT WITH COUNCILOR TURNER PUGH BEING

ABSENT FOR THIS VOTE:



A Resolution (389-06) - Authorizing a request to execute a project

agreement with the Georgia Department of Transportation (DOT) to replace

traffic signal controllers for 50 signalized intersections along state routes

and adjoining streets with 2070 signal controllers with cabinets.



A Resolution (390-06) - Authorizing a request to submit an application and

if approved, accept funds in a amount from $5,000 up to $25,000 from the

United States Tennis Association (USTA) foundation ?Aces for Kids? Grant for a

tennis and health awareness program.



*** *** ***



INTERIM FINANCE DIRECTOR:



Councilor Henderson recalled that the reason the Council waited to confirm

Mrs. Pamela Hodge was to publicly confirm her. Mrs. Pamela Hodge came before

the members of Council. Mayor Poydasheff congratulated Mrs. Hodge on her new

appointment as Interim Finance Director.



*** *** ***



THE FOLLOWING TWO PURCHASING RESOLUTIONS HAVING BEEN INCLUDED WITH THE

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

GOODWIN AND ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE MOTION

MADE BY COUNCILOR SUBER AND SECONDED BY COUNCILOR WOODSON, WHICH CARRIED

UNANIMOUSLY BY THOSE NINE MEMBERS OF COUNCIL PRESENT WITH COUNCILOR TURNER PUGH

BEING ABSENT FOR THIS VOTE:







A Resolution (391-06) - Authorizing an annual contract with Buck

Consultants for actuarial services for pension plan.



A Resolution (392-06) - Authorizing to amend Resolution Number 293-05 to

change the award amount to $1,871,865.30 for a construction contract with

Robinson Paving Company, for intersection improvements at Whitesville Road and

Williams Road.



Councilor Davis asked questions regarding the actuarial services. He

recalled that the City has used Mercer in the past. Mayor Poydasheff said that

it is wise to go out for an RFP and if there is a firm with equal stature to do

it at less cost; then, that is what we do.



*** *** ***

EXECUTIVE SESSION:



Deputy City Manager Goodwin requested a brief executive session to discuss

a personnel matter.



*** *** ***



CLERK OF SUPERIOR COURT:



Councilor Allen requested that the staff look into the issue raised by Mr.

Frank Martin regarding the monies collected by the Clerk of Superior Court that

has been set aside and is owed to various entities. He mentioned that a

concern has been brought to his attention that the interest generated off of

that money sitting in the bank accounts has been removed by the Clerk of

Superior Court and has been used for various other costs associated with her

department. He expressed concerns in that this money should have been utilized

better or spread out over the variety of accounts to try to generate the limit

that is needed in those accounts in order to go ahead and have that money

distributed instead of using it for other things. Deputy City Manager Goodwin

advised that City Manager Hugley has been working on this and we would further

look into this matter. Councilor Suber suggested that Clerk of Superior Court

Linda Pierce be invited to the next Council Meeting so that she may respond to

the questions that have been raised. Deputy City Manager Goodwin pointed out

that Clerk of Superior Court Pierce is scheduled to appear at the September 26,

2006 Pre-Council Meeting.

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CLERK OF COUNCIL?S AGENDA:



THE FOLLOWING ITEM WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AS

INFORMATION FOR THE MAYOR AND

COUNCIL:



(1) Notice from EPD Public Advisory Air Protection Division, advising that

Dryvit Systems, Inc. has submitted an application for construction/modification

permit to install a new sand silo with a dedicated baghouse for PM control,

replace two existing dust collectors, install a new ribbon blender in the wet

product process line, and increase production in both wet product and dry mix

processes, located at 4827 Milgen Road, Columbus, GA 31907.



*** *** ***



THE FOLLOWING ITEM WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND WAS

DELAYED BY THE COUNCIL FOR ONE

WEEK:



A request for waiver & refund of penalties on delinquent real property

taxes submitted by St. Francis Associates Ltd., & George C. Woodruff Co. for

property located at 4519 & 4525 Woodruff Road and 4011 Woodruff Road.



Mayor Pro Tem Rodgers explained that it is his understanding and has

received concurrence from the Tax Commissioner that this was a special tax

payment. He pointed out that it was not due at the normal tax time and they

have verified that it was in fact lost in the mail. He said that this was not

something that the taxpayer could have anticipated or should have anticipated

receiving. He then moved that the request be granted.



Councilor Suber recalled that in the past the individuals have come before

the Council to make their request; instead of sending something in writing.

Mayor Poydasheff suggested delaying this matter until next week to allow for a

representative to come forward on this request. Mayor Pro Tem Rodgers then

made a motion to defer this item for one week. Seconded by Councilor Suber.



Councilor Henderson called attention to the memorandum from Tax

Commissioner Lula Huff in which she admits that some of the mail was not timely

delivered by the postal service; therefore, he would not support the delay.



Mayor Poydasheff called for the vote on motion, which carried by a vote of

eight to one with Councilor Henderson voting no and all others present voting

yes with Councilor Turner Pugh being absent for this vote.



*** *** ***



MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL

WASHINGTON AND OFFICIALLY RECEIVED BY THE

COUNCIL:



Board of Tax Assessors, No. 34-06.

Board of Zoning Appeals, August 2, 2006.

Hospital Authority of Columbus, Georgia, May 30, 2006.

Hospital Authority of Columbus, Georgia, July 24, 2006.

Pre-Council Briefing, June 20, 2006.



Councilor Allen made a motion that these minutes be received. Seconded by

Councilor Suber and carried unanimously by those nine members of Council

present with Councilor Turner Pugh being absent for this vote.



*** *** ***



YOUTH ADVISORY COUNCIL:



Clerk of Council Washington advised that we still need a nominee for

Council District Five. There were no nominations.



*** *** ***



At this time, Mayor Poydasheff asked if there was anyone that had a matter

to bring before the Council. He said that they could be heard. No one came

forward.



*** *** ***



EXECUTIVE SESSION:



Mayor Poydasheff called attention to the previous request to go into

executive session on a personnel matter and potential litigation. Mayor Pro

Tem Rodgers moved that the Council go into executive session to discuss a

personnel matter and potential litigation. Seconded by Councilor Suber and

carried unanimously by those nine members present with Councilor Turner Pugh

being absent for this vote.



At 12:10 p.m., the Council adjourned its regular meeting to go into

executive session. At 12:52 p.m. the Council reconvened the meeting. Mayor

Pro Tem Rodgers advised that the Council did meet in executive session to

discuss a personnel matter and potential litigation, but there were no votes

taken.



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

Allen made a motion to adjourn. Seconded by Councilor Woodson and carried

unanimously by those nine members of Council present for this meeting with

Councilor Turner Pugh having already left the meeting with the time being 12:53

p.m.



*** *** ***









Sandra T. Davis

Deputy Clerk of Council

The Council of Columbus, Georgia





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