MINUTES
COUNCIL OF COLUMBUS, GEORGIA
REGULAR SESSION
NOVEMBER 6, 2007
The regular monthly night meeting of the Council of Columbus, Georgia was
called to order at 5:30 P.M., Tuesday, November 6, 2007, on the Plaza Level of
the Government Center, Columbus, Georgia. Honorable W.J. Wetherington, Mayor,
presiding.
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PRESENT: Present other that Mayor Wetherington were Mayor Pro Tem Evelyn Turner
Pugh, Councilors R. Gary Allen, Mike Baker, Jerry ?Pops? Barnes, Berry H.
Henderson, Julius H. Hunter, Jr., Charles E. McDaniel, Jr., and Evelyn Woodson.
City Manager Isaiah Hugley, City Attorney Clifton Fay, Assistant Attorney Jamie
Deloach, Clerk of Council Tiny B. Washington and Deputy Clerk of Council Sandra
Davis were also present. Councilors Wayne Anthony and Glenn Davis took their
seats at 5:32 P.M. and 5:33 P.M. respectively.
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ABSENT: No one was absent.
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INVOCATION: Offered by Reverend Mike Ricker of Wynnton United Methodist Church.
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PLEDGE OF ALLEGIANCE: Led by Honorable W.J. Wetherington, Mayor.
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PROCLAMATIONS:
INDIVIDUAL EXCELLENCE AWARD (3RD QUARTER):
With Ms. Vanessa Dockery (Tax Commissioners? Office) standing at the
Council table, Mayor Pro Tem Turner Pugh read the proclamation of Mayor
Wetherington proclaiming Tuesday, November 6, 2007 as ?Vanessa Dockery Day? in
Columbus, Georgia.
PROMOTING EMPLOYEE EXCELLENCE RECOGNITION:
The following personnel were present to receive their proclamation:
Cheryl Tate ? Information Technology
Denise Baxter ? Finance
Kathy Pound ? District Attorney
Lynn Thorne ? Citizens Services Center
Morius Perryman ? Muscogee County Prison
Mayor Pro Tem Turner Pugh read the proclamation of Mayor Wetherington
congratulating these persons on their consistent contribution to the
organization through outstanding job performances; who set an example of
outstanding quality management, teamwork, and customer service. Significantly
enhancing the work environment by contributing to the person well being of
their co-worker and/or their families. These employees of the Columbus
Consolidated Government have been selected as recipients of Promoting Employee
Excellence Recognition for the 3rd Quarter, 2007. All citizens of Columbus,
Georgia and employees of Columbus Consolidated Government are urged to
recognize and appreciated the contributions made to the public good by these
outstanding employees.
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POPPY DRIVE WEEKEND:
With the members and President, Gerda Humphries of the American Legion
Auxiliary Unit 35, standing at the Council table, Councilor Anthony read the
proclamation of Mayor Wetherington proclaiming Friday, November 9 and Saturday
November 10, 2007 as ?Poppy Drive Day? in Columbus, Georgia.
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RESOLUTION:
WITH ROBERT BROWN STANDING AT THE COUNCIL TABLE, THE FOLLOWING RESOLUTION
WAS READ IN ITS ENTIRETY AND ADOPTED BY THE COUNCIL:
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A Resolution (462-07) ? Commending Mr. John Robert Brown upon attaining
the rank of Eagle Scout. Councilor Allen called Mr. Brown to the Council table,
read the resolution, and moved the adoption of the resolution. Seconded by
Councilor Henderson and carried unanimously by those ten members of Council
present for this meeting.
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RECOMMENDATION:
MONUMENT TO HONOR FALLEN SOLDIERS:
Judge Mike Cielinski and Mr. Paul Voorhees pointed out they are before
Council this morning to make a recommendation on the Monument to honor fallen
Soldiers.
Judge Cielenski informed the Mayor and Council that they each have a copy
of this recommendation in their agendas. According to Judge Cielinski, Mr.
Voorhees has paid for the statute, which consists of the Soldier, a helmet, and
a pair of boots. He said one of these statues would be placed in the National
Infantry Museum.
He informed the Council that there has been a change from the original
drawing in regards to the placement of the base and needs Council approval.
Mayor Pro Tem Turner Pugh moved the acceptance and added that it is sent to the
Board of Honor and to the City Managers? Administration. Seconded by Councilor
McDaniel and carried unanimously by those ten members of Council present for
this meeting.
Councilor Anthony said in the last four weeks, four Soldiers have lost
their lives in the war in Iraq, including one from our own community. He said
he thinks it would be appropriate if we could give resolutions of condolences
to the families on behalf of the City Council.
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PUBLIC DEFENDER?S PROGRAM:
Mayor Wetherington called on Mr. Bob Watkins to come forward and give his
presentation. Mayor Pro Tem Turner Pugh asked Mr. Watkins to provide the
Council with an update of how the public defenders? program is working and (if
possible) provide statistics on the amount of time (it takes) from when an
indigent person is arrested, when they receive lawyer help, and through the
court proceedings.
Mr. Watkins said we are required from the Statewide Public Defenders?
Office to have a designee see every person that is charged with a Superior
Court violation within 72 hours. He said the purpose of that is to determine if
that person wishes to be represented by us and also to determine if they are
indigent. We are 100 % incompliance by this given that it is in the Georgia
statute. Everyone gets a fist appearance hearing within 72 hours in front of a
Magistrate (requirement by law). After this they are then entitled to a
preliminary hearing. The Public Defenders Office gets the case when it comes
down as a case in Superior Court. He said there are other cases that goes to
other courts (State Court, etc), but that is not in or mandate. There are other
people who handle those cases. He said for Superior Court cases, we start
representing people right away. After we begin the representation, it is up to
the State prosecutor what happens next; and they can then be taken before the
grand jury. He said sometimes these persons could be indicted very quickly,
other times they are not. If they are not indicted within 90 days, they have an
absolute right to a bond and the judge is by law required to set a bond.
However, the amount of the bond is up to the judge. He said other than that, we
have no way of making the case move from the Public Defenders? Office or
individual lawyers. We have to react to what is happening from the State
Prosecutor side.
Mayor Pro Tem Turner Pugh speaking to Mr. Watkins, said you say that you
all are only responsible for the cases in Superior Court. But, can we (Council)
get a written report as to the number of inmates in our jail, how long they
have been in there, how long has it been since they had a court appointed
attorney (Public Defender), and whether or not they have been before a judge
for a trial or hearing. Also whom do we go to in State Court to ask this same
information, because we (Council) get accused of not doing our diligence as it
relates to the jail? He said one can build more and more jail cells, but if
people are not being tried and they have been in jail for 12 to 14 months
without a hearing, that makes no sense
at all.
Mr. Watkins said a hearing in the technical sense is the first hearing to
determine if there is enough evidence to hold them in jail. The preliminary
hearing is usually held right away, so most people have hearings for that
purpose. Our office gets a 90-day uninvited list and a 60-day uninvited list
every week to see who is being held back in jail. We receive all kinds of lists
to include, who are in jail, what for, and number of people in jail. The jail
has access to those lists and Council can get a copy of that list.
Mayor Pro Tem Turner Pugh said, we, as a Council get accused of not caring
about what goes on in the jails. We would like to get those lists to make it
available to the public so everyone will know why someone who is in the jail
for 12 to 14 months and do not have representation or have not received a
hearing.
Mr. Watkins said there are two things why the jails are so overcrowded.
First is since the summer, there have been many more arrest than usual and the
courts are clogged with trying to get cases through. Secondly, we have a lot of
psychological evaluations that have to be done. If a lawyer, prosecutor, or
judge sees someone whom they think may not be competent to stand trial, there
is a whole protocol we have to go through and with West Central Hospital being
so far behind (due to understaffed) these persons will have wait to be
evaluated. Another problem is that at last count, there have been 200 in the
jails that haven?t been sent off to the State because the State hasn?t accepted
them yet. We are more reactive and often bring attention to cases that have
been sitting a long time and try to get them moved. I would be happy to work
with you on this at any of your work-sessions.
Mayor Pro Tem Turner Pugh said she thinks you need to be present when we
talk to our legislator so that they can hear first hand and not be a he say/she
say.
Mayor Wetherington said he know we get a lot of questions about people
being in jail for an extended period of time before they go to trail. Is it
uncommon for a person to stay in jail for one year before they come to trial?
Mr. Watkins said, No sir.
Mayor Wetherington said the commissioner for the Georgia Department of
Corrections is here and he will also speak before the Council. I have also
spoken with the Sheriff about him picking up folks who has already been tried
and he is prepared to pick up 50 in the next few days or weeks. There are
currently about 150 persons that should be picked up. It is also my
understanding that the Superior Court Clerk has not send all the necessary
paper work in order for them to get picked up.
Mayor Pro Tem Turner Pugh said if she could say to the Commissioner. This
was not stage for your benefit, you just happen to be here at the perfect time.
City Manager Hugley said he heard the request from Mayor Pro Tem Turner
Pugh and we will work with Mr. Watkins on the Superior Court side and then we
also have State Public Defenders (Office), and Public Defender in Recorders
Court. We will make sure we get the information you requested at each of those
court levels and also once we get it to you in agenda format, we will also
provide you with quarterly, semi-annually reports so that you will know what is
going on in the jails.
Councilor Anthony said the second point you raise worries me. Is there any
way the mental health community can be of assistance, sub-contracting out some
of the assessments? Is that something that is possible?
Mr. Watkins said he really doesn?t know. The law calls for this to be done
at the State Offices. One of the things we are doing is getting as many people
as we can out of that group and Judge Allen has had that going for three to
fours years now - something we call the Mental Health Court. Those are cases
that are not so egregious and cases where people can be put in living
conditions where they are out of jail; this is handled by New Horizons and
America Works (not sure of name). That?s not a great deal of people but it
helps.
Councilor Barnes said he thinks what Councilor Anthony brought up is very
feasible avenue and I don?t think it would be that great of an impediment to
pursue that line because I do know that between New Horizon and America Works
there are a number of mental health professionals that you can utilize. I know
of a couple of instances that I?ve follow-up of individuals who could have been
assessed in a matter of minutes (not to judge the extent of the mental
illness).
Mr. Watkins said he would look into that because it a big part of the
delay ?especially right now. The Federal people have done a study that show
that 65% of all federal prisons have some significant mental illness. So when
we have people we think are incompetent to stand trial, they have to be treated
differently and it?s just taking along time. I think the waiting time right now
is six months at West Central. By the time these people get out there and do
the assessment, (it is more than just deciding what they have) and get the
reports done, it really eats into the time they have to spend before they can
be before a judge ready to go to trial.
At this time Mayor Wetherington called on Commissioner Donald of the
Georgia Department of Corrections. The commissioner will be in Columbus, GA for
the next few days holding meetings with the Board of Corrections, and the
Department of Public Safety.
Commissioner Donald said it sounds like I am here at a gratuitous moment
in Council history but I am delighted to be here. I retired as a Two Star
General and the Governor elected me to take this position. I have a passion
about it primarily because if you look at it our inmate population today, 61%
of that population is African Americans. Used to be (when I took over) 66% but
the population is coming down because we are in a crisis right now. We are
taking in 250 to 300 a month on methamphetamines alone. And are changing
demographics of our system because 97% of them are White and we are beginning
to see that contrast take place. We are all in this fight together. Let me go
back to a point that was made here, we may have 200 state-intended inmates but
I wouldn?t come to Columbus not knowing how many are ready for pick up. Mr.
Mayor you are right and my staff confirms to me that we have picked up every
inmate that the state owns with court appointed orders and correct paperwork.
We cannot touch inmates in a status of readiness who do not have the Clerk of
Court order and it has to be right. You can see the legal implications of that.
I feel the pain you have in dealing with this phenomenon. I have to deliver the
Governor 5,000 beds this year. Last year we took in 21,000 only let 18,000 go.
That means we are growing the population by 3,000. We are the fastest growing
large prison population in the nation. We are down this week as part of the
Governors? initiative to bring customer service forward. On the issue of mental
health, I have the perfect forum that we going to have tomorrow afternoon at
the Convention & Trade Center. It is called the Governors? Mental Health
Commission on Service Delivery. The Governor put this commission together to
tell him know much it?s going to cost to right side the problem. I have 8900
(mental health) inmates out of 60,000 we have locked up on our caseload. That
is 15% of the population is on the mental health caseload. We are in this
together, when we talk about beds, in the year 2011we will need 15,000 new beds
in the state of Georgia base on the growth rate at the cost of $1.7 Billion to
taxpayers unless we change a few things inside the process of how we deal with
this issue. You are going to have to build new beds. I hear you, I can come get
the 200 but the reality is at the current growth rate, Columbus has three of
the top 25 zip codes in the state of Georgia. What we want to do is partner
with you to put ?boots? on the ground to enforce the law.
We also need a pragmatic approach to the problem. Six out of ten inmates
will re-offend again when they get out. So we know where crime lives, it lives
at lot of time in this revolving door process. I look forward to engaging you
all tomorrow if you will come and join us at 8:00 a.m. for the kick-off event.
It is designed to be a session with us, and I am bringing down the Director
from the Highway Patrol, mental health staff, my staff, and we are going to sit
down and talk about how we are going to partner for a safer community. One of
the ways we have talked about is when they (inmates) get out possibly having
some involvement in them so they can find jobs and resources and knocking on
some doors to make sure they are at work. We can do that together, but if we
don?t turn this around, it is going to be tough on us all. We spent today
talking to one of the high school groups, tomorrow we will be at Rosemount,
next day at Spencer (High School), and what we are finding is that at 5th, 6th,
and 7th grade level is where they are getting involve with drugs and by the
time the 11th and 12th grade age, they are coming into our system. We were down
at the Bainbridge residential substance abuse treatment facility last week and
these are young guys we have in the substance abuse treatment program. What we
have been doing as part of a special program called ?Make the Right Choice -
Chose Freedom? we bring in these guys out of the prison one day at a time and
talk to kids in the middle and high schools to get then to make the right
choices about their lives before they become casuals of the system. I would
also like to call your attention to this program that is in your book, if you
could join us, you will get a chance to voice your concerns with the different
agencies that will be there as we try to work this problem together. Then at
10:00 A.M at the Convention Center, in room 205, we will have the Georgia Board
of Public Safety holding its monthly meeting here in town. In the afternoon, we
will have the Governors? Commission on Mental Health, holding its meeting, then
tomorrow night we are inviting all of the constituents, citizens of Columbus
who have an interest in public safety to join us again at the Convention Center
where we will have a Town Hall Meeting with all the Commissioners and Directors
to answer questions and address concerns of the community. Finally, on Thursday
morning at 8:00 we?ve invited about 200 clergy together in the Trade Center
because we believe that part of the solution is faith based. We?ve had over
1400 work release to the system over the last three years because the research
suggest that to keep them out of the system, it requires meaningful work and a
suitable place to stay. This is just a sampling of what we are going to talk
about tomorrow and we are just delighted to be here.
Mayor Wetherington asked Commissioner Donald to talk just a second about
the Savannah Impact Program and the Day Reporting Center.
Commissioner Donald said he knows and I know that we have a drug offender
who is burglarizing our home, cars and writing bad checks. Otherwise a
non-violent felon, if we lock him up at $45 per day we are just treating the
symptom of the problem if the problem truly is drug addiction. What we end up
with is this huge budget crisis in your facility and our facility. This Day
Reporting Center allows us to draw a circle around him and make it even
tougher. What we do is we require him to report every morning by 8:00 A.M.
Every-other morning we drug test him. We require him to have a job and his
probation officer is going to intensely supervise him - but then he goes to his
work and comes back and sits around and deals with his addiction. More
importantly we have a faith base partner involve in it but we have a process
that clears up the backlog in the jail - a judge (as we have put it out to your
judges) can sentence this individual to a detention center, further assign him
to the Day Reporting Center (non-resident), he stays with his family and his
kids, and if he fails in the course- if he fails to be responsive to the
counselors and everything, then we don?t bring him back through the courts
again, we appoint a Department of Corrections hearing officer and we put the
cuffs on him and take him directly to jail. This is a great program. The
recidivism rate is a lot less than what it is if he comes straight out of
prison. And it?s a way to treat the problem versus the symptom. The drug piece
is really tough. The other program - Savannah Impact is one we like too. It
really is shadow program. Do you know that we are putting 350 a day on the
street of citizen Georgia? Columbus is probably getting around 50 a week.
Columbus is probably getting 25 to 50 ex-offenders put out on the streets
because we have three of the highest zip codes. What this program does is
within three days after release, there is somebody - either police officer of
probation officer who will knock on his door and make sure he?s got a job and
that he is on the straighten arrow. This is a great program; we are excited
about that; we bring the services of the state together because if he has a
corrections problem, he probably also has a DFAC problem, a mental health
problem, probably has kids in juvenile justice, and so we go after that 10% of
the population who is making life more challenging for all of us.
Mayor Wetherington said both of these are great programs and this Day
Reporting Center is an alternative to going to jail. This program was started
when I was a Commissioner at the Georgia Department of Corrections. It is a
great program and according to the Commissioner is successful. It costs $8 per
day and when they come in and tested; if they are clean they get to stay at
home.
Commissioner Donald said he wants to commend your Mayor (Wetherington)
also because this was an alternative program that is now the main stay of our
program. We are trying to keep from having to pay the big bills. On Thursday,
at the Department of Corrections Board, we are going to honor your Mayor
(Wetherington) with the Eagle Award of Excellence, which is the highest award
in our department for the great work he has done in delivering us to this
point.
Mayor Wetherington said he appreciates very much what the Commissioner
does for the citizens of the State of Georgia. We look forward to the next two
or three days you will spend here in Columbus, Georgia.
Councilor Hunter speaking to the Commissioner, said he just want you to
know that we really do appreciate your comments. A few months ago Councilor
Henderson hit on much of what you are saying and he pointed out that we can
build more jails and add on to the jails we have, but at some point these
people that we send off are going to return and so it is upon us as a society
to do all that we can to see to it that we try to prevent their return ? if
they have issues (drug) lets deal with it and if we can lets deal with it
before they get into the system ? but once they are there, lets deal with them.
Going even further, we should not accept a child not graduating from school;
and where a child fails to graduate, we cannot accept letting that child just
linger. We?ve got to help him- if he is not going to get in school, get that
GED, some job training/skills so that they can have meaningful jobs and make
money. Because if they don?t then what they are going to do is they are going
to have to support themselves somewhere or the other and they going to commit
crimes. There is a history there and now is the time for society to realize
that this is a short-term solution in building and adding on to jail ? but the
long-term solutions is taking a real good look at what the problem is and say
this is the challenge we are willing to face as a society. I am so excited
about your comments and my hope is that people like you, and forward thinking
judges as a team can come together to try to tackle this problem.
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MINUTES OF COUNCIL MEETING: Minutes of the July 31, August 7, and August 14,
2007 Council Meeting of the Council of the Consolidated Government of Columbus,
Georgia were submitted. Councilor Henderson made a motion to receive the
minutes. Seconded by Councilor Allen and carried unanimously by those ten
members of Council present for this meeting.
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CITY ATTORNEY'S AGENDA:
THE FOLLOWING TWO ORDINANCES WERE SUBMITTED AND EXPLAINED BY CITY ATTORNEY
FAY AND ADOPTED BY THE COUNCIL ON SECOND READING PURSUANT TO THE ADOPTION OF A
SINGLE MOTION MADE BY COUNCILOR ALLEN AND SECONDED BY MAYOR PRO TEM TURNER
PUGH, WHICH CARRIED UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR
THIS MEETING:______________________________________________
An Ordinance (07-73) ? Authorizing the reclassification of one Election
Coordinator to the new Class Title Assistant Director of Elections and
Registration in the Columbus Consolidated Government Position Classification
Plan (Councilor McDaniel).
An Ordinance (07-74) ? Amending Ordinance 07-30 by changing the criteria
for paramedics to receive emergency service certificate pay in the amount of
$2600 annually, retroactive to July 1, 2006; and for other purposes (Councilor
McDaniel) (As amended).
Councilor Henderson stated he do not have a problem with any of the items,
however, he did receive a call with regards to item number two, and made a
motion that Mr. Robertson (who was unable to make the Council meeting last
week) be allowed to speak and present comments on behalf of an organization he
represents. The motion was seconded by Councilor Barnes and carried unanimously
by those ten members of Council present for this meeting.
Mr. Robertson said thank you Mr. Mayor and Council for allowing me to
speak. He said he would like to say thank you also to Councilors Henderson and
Barnes.
He said he was indisposed last week for item number two and we?ve discovered
some things. The biggest concerns that members of the FOP and the elected board
of FOP has is that several years ago we went through a very rough time in
developing what the city government that time called Parody in Public Safety ?
which would equalized everything from law enforcement to the fire side. He said
there was a lot of opposition in parity because there were a lot of
misunderstanding and mistrust in exactly what duties were, hours were,
certifications required, times required on the job, time allowed off the job,
and several other issues. Against our wishes, parity was implemented, and
everything at that time as we were told was supposed to be equal across the
board. He said several years after that a consolidation of the fire services
and the emergency medical services in Muscogee County were implemented. There
were also concerns about how the implementation went across but the majority of
that concern was on the fire (services) side ? the fact that they were brining
people in of different rank with different time and certain accommodations were
made towards the emergency medical side. He said he want to point out that the
FOP is not attempting or nor will we take part in the battle of the badges. We
have no problems with our brothers and sisters on the fire and emergency
medical side. As a matter of fact, he said he received several calls from fire
fighters who had concerns about this ordinance amendment also. Things that were
said last week brought some concerns to us.
Mayor Pro Tem Turner Pugh brought up a good point when she asked what
someone definition of routine would be? In law enforcement, routine is the
thing that we do everyday. He said he is talking about law enforcement officers
out on the street, the Police Officers, Deputy Sheriffs, Marshals, Corrections
Officers in the jail and prison, they get up every day and every day their
routine is to go out make traffic stops, make civil arrests, deal with the
problems in an over-crowded jail and in an over-crowded prison that are one of
the sources why in America today we have over 57,000 law enforcement officers
assaulted every year and we average about 165 to 170 law enforcement officers
murdered every year in this country. So far in Columbus, GA just within the
past few months we?ve had one Police Officer hit by a drunk driver while on
this department squad motorcycle and we?ve had another Police Officer shot. He
said when we see things we think are somewhat unfair and somewhat breaks
parity; we have concerns about it. If parity is to be broken, then that?s fine ?
we need to understand that and we will deal with the fact that no longer is it
one public safety but it?s the law enforcement side, the fireside, and
apparently it?s the medical unto itself also. He said we have law enforcement
officers that have many advance certifications, we have Squad Commander who
require repeated training and constant education to better their skills and do
the job right ? especially in the changing society we are in.
Mr. Robertson said we have bomb techs for the Columbus Police Department,
the Muscogee County Sheriff Office that receive over $30,000 in vested training
in getting these special skills. He said they receive extra money for that but
if they decide to move beyond that and become a sergeant, they lose that extra
money.
He said that money does not travel with them because their routine changes like
Councilor (Mayor Pro Tem) Turner Pugh was saying last week. Right now for a
bomb tech, his job routinely last week was to go out and check up on bomb
threats, evacuate buildings, etc., but if that individual tests or puts in and
is promoted to sergeant, the extra money he gets now in the technician position
does not move with him and our concern is that this money moves with him. He
said something that was brought up last week is that somebody said that EMTs
get $2400 a year above their pay, and that travels with them as long as they
carry the patch. He said our concern is that when that person becomes a
Battalion Chief or something else of a higher rank, and their routine and
primary responsibility is not as an EMT and is not as a paramedic do they still
get that money? In the overall system, it doesn?t seem fair. He said what he is
asking tonight on behalf of the elected board of FOP, and their 600+ members,
is that he is not asking you to throw this thing out, but is asking you to
please set it aside, look at the overall public safety, the certifications the
officers have, compare everything together and if still after you get through
with that, if you think that parity needs to be broken, then break it. He said
if not; then make sure it?s fair across the board. He said he has been to many
budget meetings and he has great relationships with all of you and one thing
that has always been said is that we are going to make it fair across the board
and that is all we are asking for tonight ? is that you look at it so its fair
across the board.
Councilor Anthony said the question he was raising last week was that we
were looking at it in too much of isolation in terms of overall impact on other
departments particularly in Public Safety. He said certainly the idea of being
able to do something for the fine people makes good sense but in terms of how
it fits with everything else that is going on.
City Manager Hugley said he feels like we need to provide some
clarification regarding parity and some other things that were said. He said
he would like to just say first of all that the Ordinance as presented does not
break parity (and I will explain that). Let me say too that parity was somewhat
broken with the pay plan.
He said that because the Muscogee County Prison Correction Officers were equal
to Police Officers at one time, and a Fire Fighter was equal to a Police
Officer or Deputy Sheriff or Deputy Marshall at one time. In the current pay
plan a person who is a MCP Corrections Officer, is a pay grade 12 (today) not a
14 as a Police Officer or Deputy Sheriff or Deputy Marshall. He said a Fire
Fighter is a pay grade 12 today not a 14 as a Police Officer or Deputy Sheriff
or Deputy Marshall, but they were before the pay plan.
Mr. Robertson said what you are saying is not technically correct; the
part about a Fire Fighter is a pay grade 12 as an entry Fire Fighter until they
receive certification. He said Corrections Officer is also a pay grade 12 until
they receive the same certification that is required to become a Deputy Sheriff
and then they move up; so there is parity within the Sheriff Office and the
Fire Department and then the Corrections Officer- you are absolutely right ?
and that was an issue we tried to clarify last year because there is no clear
understanding of the Corrections Officer because they are assigned throughout
the City at various jobs. He said they don?t all come under the supervision of
Muscogee County Prison.
City Manager Hugley said a Deputy Marshall, a Deputy Sheriff, and a Police
Officer are pay grade 14 not 12. But MCP Corrections Officers and Fire Fighters
today are 12. In the Ordinance as we present it, the paramedic (a pay grade 14
which is equal to a police officer) currently receives $2400 once they acquire
the paramedic patch. He said the $2600 they get for being in field operations
comes to $5,000. All this ordinance on second reading would do is allow that
paramedic to continue forward at a pay grade 14 and continue to get that $2600
for a total of $5,000, but if that paramedic is promoted, and stays in field
operations, they will continue to get the $2600 and would not lose it. As it
stands today, with the ordinance that was passed last year, if that paramedic
is promoted and is in field operations still providing day to day services to
this community, because that paramedic gets promoted, he/she would lose the
$2600. He said this ordinance does not allow that to happen. He said if the
Council pass this ordinance today, and they gets promoted to sergeant and they
are an engineer on a fire engine, that person who is on that engine and goes
out and perform paramedic duties will get the pay for performing paramedic
duties. He said if this ordinance does not pass, and this person is promoted to
sergeant, when they get to the scene, they are not being paid to be a
paramedic, but they are being paid to be sergeant and the question is, is that
person required by Fire/EMS to perform paramedic duties when they are first on
the scene or is that a courtesy that they are going to provide because they
happen to be a paramedic driving a fire truck although I am not getting paid I
am going to do my paramedic duties? He said if it is a courtesy then you
shouldn?t pass this ordinance, but if you want to pay them for continuing in
the field operations, continuing as a paramedic, then this ordinance should
pass and they should receive $2600.
He said as for the definition of routine in this ordinance it has been
changed to ?field operations?. If you get promoted and you are continuing in
field operations, then that $2600 will follow you because you are in field
operation and you will be providing paramedic services.
Mr. Robertson also talked about advance certification for bomb techs. He
said today as he understands it, there is no person serving as a bomb tech or
using drug dogs or any other certifications receiving certification pay for
those. He said if they are receiving certification pay, he doesn?t believe it
is registered with the system. (Mr. Robertson says its technician pay to which
City Manager Hugley responded) That?s a position. He said we have technicians
throughout the system ? people get promoted; Police Officers get promoted from
Police Officers to Technicians. And so, those positions are assigned throughout
the Government and when they receive that technician pay, it is a part of their
regular pay. He said it is not a special pay that is not tied into their base
pay and therefore when they get the next promotion from technician, that
promotion that went into their base pay, travel along with them so they never
lose that pay. He said in other words, there is no $2,000 that you (one) get
for being a technician but it goes into your base pay. So when you get
promoted, that $2,000 causes your promotion to be greater in terms of dollars ?
(2 ? or 5%) but you did not lose the $2,000 while you were in the pay grade of
technician. So it is not a separate pay as is with the paramedic. The
paramedics are the only ones that I know of in general government or public
safety receiving pay (that is not included in their base pay) as incentive pay
for being/having that specialized certification. So in the general government,
we have hundreds of positions that are certified and those positions are not
getting paid. That?s the response that I have.
Mr. Robertson said one thing that he doesn?t think is being overlooked
but, it needs pointing out is that when those paramedics make sergeant, they
receive additional pay when they move up a grade to the rank of sergeant. He
said in defense of any city employee (whether they are public safety, engineer,
or anything) I think anybody that has a certain skill set when they show up on
a scene, especially in public safety whether they are being paid for that
particular skill set or not, are going to respond. He said he has never seen an
EMT or paramedic or even a law enforcement officer not render as much as they
have been trained to render. He said every law enforcement officer in Muscogee
County goes through a 40-hour course of advance first aid training; however,
our contention is that technicians are assigned particular positions; if that
technician wishes to leave and go into another position to learn another skill
in certain law enforcement agencies for them to transfer out, they have to give
up the technician position because it is assigned to that job (i.e. ID Tech and
things of that nature). He said this is voluntary on their part because they
can stay and languish in whatever job they are doing. Our contention is that we
think the ordinance needs to be reviewed; we have some concerns over the $2,400
that we heard last week for as long as the patch is on the shirt; and we also
have some concerns in our interpretations of it. He said this is not a
reflection of the City Manager or anyone else, but when someone says ?yes I
would like to test for sergeant but, I want to make sure the $2,600 goes with
me? then I know the law enforcement response with the supervisors I had to work
for years past would say ?well Randy I guest it is not that important to test
for sergeant then is it?? He said because if you want to move up and be a
leader you will have to sacrifice something. He said we just don?t feel that
the $2,600 and what we understand about it at this point is fair and the
University of Georgia study did change some numbers and move some things
around, but like he said, if parity is broken, then we (FOP) have no problem
with that as long as we know parity is broken.
City Manager Hugley said just to clear up the issue of the technician ? a
Police Officer is a pay grade 14; a technician is a pay grade 16. He said if
you get moved up from a Police Officer to a Technician, you go from a pay grade
14 to a pay grade 16 and you get a pay increase. However, if you decide that
you no longer want to be a Technician, and want to go back to being a Police
Officer (pay grade 14) you ask for a voluntary demotion and obviously you are
going to lose money. He said his point in saying this is that a Paramedic is a
pay grade 14 and they don?t get moved up to a pay grade 16 when they become a
Paramedic. He said they continue to stay at pay grade 14 and then they get a
Paramedic pay that is not included in their base pay so when they get promoted
from the pay grade 14 to a sergeant position, then that percentage increase is
not based on that $5000 Paramedic pay they are getting ? it is base on their
base pay.
Mr. Robertson said we are saying that part of it is fair. It should be
base on their base pay, but the additional $5000 is the issue.
----------------------------------------*** ***
***-----------------------------------------
PUBLIC AGENDA:
Mr. Robert Brooks: When called Mr. Brooks was not present.
*** *** ***
Mr. Paul Olson: 13830 Upatoi Lane said he is here this morning to speak
regarding an Affidavit. He asked the Mayor and Council to clarify the length of
time it took during the September 25, 2007 closed meeting to discuss the issue
of the local option sales tax referendum that is coming up.
Mayor Wetherington stated that he could not remember whether it was five
minutes or not but it was a few minutes. Mr. Olson further went on the quote an
article in the Georgia Press Association stating that the sales tax referendum
must be conducted in the open and that the personnel exemption permits only
discussion about one or more individuals and not policy for employees in
general. He said there is no exception that will allow discussion of a possible
tax referendum in a closed session.
Mr. Olson then presented a copy of the Affidavit that has been signed on
September 25, 2007, which makes no mention of discussion of sales tax, and
submitted said affidavit to Clerk of Council Washington. He then further went
on to state that the attorney for the Georgia Association Press stated that
Council is in violation for falsifying this sworn affidavit.
City Attorney Fay responded by saying that he does not believe that the
Press Attorney said that but rather that if they (Council) did have a personnel
discussion that it might be a violation. He further stated that we (Council)
did have a personnel discussion where salaries, compensation, new positions,
and a sales tax was mentioned in part of the meeting (and that he City Attorney
Fay was out of the meeting at that time on a call) as a possible way of funding
new positions and that was perfectly permissible under the law.
Speaking to the subject of the Local Option Sales Tax - Mr. Olson stated
that City Council and Mayor are considering putting it on the February
Presidential Primary ballot and is advising Council to read House Bill 709
Section 6. Mr. Olson also suggest that Council allow the School and City SPLOST
go off then the taxes will go down to 5% because there is 4% from the state,
and 1% local option sales tax already in place.
Landfill debt collection: Mr. Olson said the former finance director who
has been demoted down to division manager position on August 6, 2007 due to
money that went unaccounted for and the fact that City Manager, Mayor and
Council is aware of it ? and it is his understanding that when it came to
allocation of money, the City Council had to pass a resolution and agree upon
the disbursement of this money. He further stated that this path sets a bad
precedence for other employees who afterwards is going to expect the same thing
and can lead to lawsuits.
*** *** ***
Mr. Edward Dubose, representing the Georgia State Conference NAACP. Re:
The Kenneth Walker Case. _______________________________________
Mr. Dubose started off by stating that he has observed that last week
after talking about the Fire Department, people are ready to come forward and
speak about the behaviors that are happening within the Fire Department. He
said he hopes that there is some kind of policy that addresses retaliation
towards those speaking out. With concern to the Kenneth Walker case, Mr.
Dubose stated that he has came before Council and asked for a citizens? review
board to which nothing has been done. He said there have also been a lot of
promises of compensation to Mrs. Walker from everybody ? corporate, community
and nothing has been done with that.
He said after numerous meetings and promises of support and actions, to
include inspections of the vehicles and monitoring systems for those vehicles
involve in the shooting - nothing has been done. He said that he understands
that he does not have the power to call for an economic sanction of Columbus,
Georgia but he do have the power of drafting a resolution supporting the
Columbus NAACP in economic sanction.
Mr. Dubose stated that this City has failed Cheryl and Emily Walker from
the point that Kenneth Walker was killed to this day. He stated that there has
been a deliberate attempt to repressed, make it goes away by any means
necessary and it is not going away. After a few more comments from Mr. Dubose,
he closed by saying that there are tough decisions being in leadership and he
is in a much tougher position than Council in many respects because decision he
makes reflects on contracts that he lose around Georgia. He stated that he have
to make decisions of what is right around Georgia and challenge counties and
government, knowing that he have to use that same government to get contracts.
*** *** ***
Mr. Val McGowan, Columbus Branch NAACP Re: Recorder?s Court.
Mr. McGowan said he is here this morning to speak in regards to great
injustice.
He said he lives on the South side of town and there are some businesses on the
North side of town that would not like to see his face (Afro American face).
He said one such business is the Hollywood Connection where he challenged a
manager about disinfecting shoes and the police was called stating he was
disorderly. He said the problem with this whole matter is not with Hollywood
Connection; it has to do with the police. He said when the police showed up on
the scene, he was guilty immediately. The police officer came to him and
immediately told him he had to leave after paying Hollywood Connection $300.00
for his child to have a skating party there. He said there was no regard to
what was going on or anything, he had to leave.
Mr. McGowan said the problem he has is that the first report that went in
(there were three reports that went in) said the case was still under
investigation. He said when he spoke with Chief Boren and Major Graham in
regards to this matter they told him they were not in the middle of this and
that there was an unbiased party and all they did was show up on the scene and
wrote the summons for him to leave. He said the problem he had with that is the
first supplement that went in had all of the information from Hollywood
Connection and none of his witnesses.
He said the second report contains his witnesses but yet they never spoke to
any of his witnesses. Two days before court, Major Graham expressed to him that
the City (the Police Department) had made a case against him and he was trying
to find out how you can make a case against him without talking to my
witnesses. He said the first report also states that there was not a camera in
the area to show whether he was disorderly or not. When it came out in court
where he showed the judge eight cameras including three in that area, the judge
sent the officer back to go and review the tapes. After asking the officer had
I not asked that in the beginning to which the officer answered- yes. The
officer goes and comes back to court and instead of saying he went to review
the tapes, she said she was told that the cameras does not work. He said she
was not showed that the camera does not work, she was not showed anything else
in the place, and she did not go back and do any investigation. The next
problem he had was that when he decided to appeal the case. He said in front of
six people (including Mr. Bill Madison) he paid with his credit card and
started filling out the information for the appeals. He said he was bamboozled
and swindled ? the clerk came back and said they charged the wrong amount. He
said the wrong amount was $212.00 and if you sign this someone would come back
with the voided receipt and have you sign the correct receipt. I signed that;
she turned around and sat there for a few minutes. He said she turned back
around and said excuse me, what are you waiting on, your fine has been paid and
you are free to go. He said no Ma?am the paper work that I just give you (the
appeals paper work) is what I want to take care of. He said she then said I
will tell you again, you signed it, your paperwork has been taken care of and
you are free to go. At that point we went to go see Judge Cielinski but he had
already left for the day ? he had already did what he had to do ? his hands
were dirty. He said he called him dirty hands because he allowed hearsay from
an officer. He said he would like to give his last two minutes to Mr. Madison
so he can express what he saw that day and not only take my word.
At this time Mr. Madison spoke about what he saw.
Mr. Bill Madison, 974 Overlook Drive said everything that he has heard
Mr. McGowan say disturbs him again and rightly so each one of you should be
disturbed if you see how the operations in that Recorder?s Court operates. He
said for a person to appear in court charge with a crime that his witness
standing right beside him says did not happen. He said for the officer to go
and come back with hearsay evidence and it is accepted as law; one accusation
that Mr. McGowan made is that the schools system sprayed shoes, jails sprayed
shoes, why not the bowling alley. All of you know that there is a disease going
around called MRSA. Sixteen Thousand people died from AIDS last year, 18000
died from MRSA. McGowan attends school ? he is a training medic. My concern is
that once Mr. McGowan enters the court and said judge I am not guilty; judge I
want to file an appeal ? the response was Mr. McGowan I understand you are
pleading not guilty ? fine ? you can file your appeal. He leaves the courtroom
with a fine of $150.00 but when he gets on the back, his fees are $212.00 with
an additional $500.00 to file an appeal. He said the first thing, I think it is
unconscionable to have a fine of $150.00, elevated with fees to $213.00 and
then if you want to file an appeal you have to pay an additional $500.00. You
want to know why the jail is full, that?s probably one of the stumbling blocks
right there. He said when you ask a poor unemployed black man to pay $500.00 on
a disorderly conduct ? (1) where does he get the $213 to begin with if he is
unemployed (2) where does he get $500.00? It is just a gang of problems.
After more than five minutes of additional comments from Mr. Madison,
concluded by saying that we have a real serious problem with Recorders? Court.
Councilor Allen asked whether Mr. Madison meant a bowling ally and he (Mr.
Madison) corrected himself and Council and said is was a skating rink and not a
bowling alley. Mr. Madison then asked if anyone of Council care to put a motion
on the floor to over rule Recorders? Court decision because it was wrong.
Councilor Barnes said like any other communicable disease, it depends on
a person?s immune system. He said he knows it?s a big scare with MRSA right now
and it is something we need to be extremely careful of, but I think they are
putting too much of an emphasis on people catching it because there are a lot
of intangible involve. He sad in direct answer to Mr. Madison?s question of
whether or not a person can catch this disease through shoes and clothing, it
depends on a person?s system.
City Attorney Fay said in response to part of this, Councilor Hunter and I
were talking about this (he is a former Recorder Court judge) and there is an
appeals bond process in Recorders Court. He said anyone could post an appeal
bond and appeal a conviction of finding of guilty within five days of
conviction. He said that process is in place and we can check with the Sheriff
to make sure the process is operating like it is supposed to. As to the other
point about Council possibly over ruling the Recorder?s Court, under the
separation of powers doctrine, that we talked about before, you (Council) do
not have the jurisdiction to over rule part of the judiciary here in Columbus?
Recorder?s Court. That is simply a court matter and he (Mr. McGowan) can post
an appeal bond and take it on to State Court.
Councilor Henderson said a couple of things concern him and he spoke with
Mr. McGowan and he wants to publicly apologize because he has not gotten back
with him. He said one of the things that concern him is that on the front end
of this ? he wonder what the health department says about the procedures of
disinfecting common used/shared shoes or other equipment. It would appear to me
that from a health perspective there is some kind of requirement and he?d like
to ask the administration to check into that. He said he would also like to
know if we could check and see if those cameras are/were operational because
that had to show what occurred. He said he knows Mr. McGowan and he can get
passionate but he has not known him to be what he considers to be disorderly.
Lastly we should ask questions and check into whether or not it was intentional
or unintentional ? whether people are mistakenly paying fines when they think
they are appealing a case. He said there needs to be a follow-up; so, what he
is asking is that we at least investigate on those issues and get a report back
if all of Council do not want it at least give me a report back.
Councilor Hunter said the City Attorney stated that the doctrine that
separates powers prevents the legislative body from interfering with the
judicial body. He said he thinks that when we talk about administrative
decisions we can look and see what administrative procedures are in place to
apprise a person who is charge; what their rights are with regards to appeal
and that can be done a number of ways. Administratively for instance ?
providing something in writing to people coming into court letting them know
that if they are found guilty - let them know what the procedures are for
appealing. He said that is something that can be done to improve and provide
constitutional safeguards.
Police Chief Rick Boren said that Major Graham had to leave; he had a
family event tonight. He said he is standing here for my officers. My officers
got a call to that business just like any other call that we get involved in on
a day-to-day basis. Upon arrival, they were met by management (whose name I
have in my report) and four employees of that business. He said they were told
that Mr. McGowan had come in and paid $500.00 for a birthday party and this was
the second time that he had been in there in a matter of months - Mr. McGowan
told me six months. He said the officer was told that he (McGowan) got into an
altercation with the management the very first time he had been in there and
had been asked to leave as a result of that altercation. He was back in there a
second time with another birthday party he says he paid $500.00 for that party.
He apparently saw something hygiene-wise he did not like inside the business
and as a result of that got into a disagreement with the same manager as
before. Apparently they asked him to leave ? he did not leave but stayed on the
property and we got a call. He said the first officer that arrived on the scene
attempted to mediate that problem but was unsuccessful in her mediation. When
Mr. McGowan asked to see a supervisor, a sergeant was called. He said he talked
with the sergeant himself and he stated that when he got there, he attempted to
talk to Mr. McGowan and was not being real successful with that talk on the
outside of the business. So he goes inside and he talks with the management.
The management said that McGowan had become loud and pointed his finger at one
of the people (manager) inside and as a result of that people started taking
notice that something was going on and started leaving.
He said when they talked to Mr. McGowan, he said that the man pointed his
finger at him and he (Mr. McGowan) was the victim and not the other individual
inside. He said they say they continued to attempt to mediate and could not
mediate the situation. He had some folks that were there and they did make
record of those people. Rather than placing him in jail after the mediation
failed, they gave him a written summons to be in Recorder?s Court on the 29th
day of last month. During that time he thinks Mr. Mayor he called your office;
you called me; I contacted him and got him to come in. He said we sat down and
talked with him at the table: myself the Assistant Chief and the Major. He said
in talking with Mr. McGowan he basically said that we had not recorded some of
his witnesses ? we had not ?we had two of the witnesses he had four. We got
that information from him, pasted in on to Major Graham who is in this meeting.
He said the officers attempted to contact these individuals for him as a result
of our continued investigation. They could not locate the people ? people had
given wrong names, as we have been notified and wrong numbers. Whatever
happened in Recorder?s Court ? the officer went there on the 29th at 9:00 A.M.
the judge continued it. The sergeant told me that on the day of the event he
asked the individuals at Hollywood Connection about the camera and they told
him that at that time the cameras was not directed towards the audience it was
directed straight at the cash register and it was at the same time in the
office where they can watch it. He said the problem with the camera they say is
that there is no tape as a result of that. The officer at the direction of the
Recorder?s Court judge went back and talked to the security and asked
specifically about the camera; the security director told the officer the same
thing, which she reported back to Recorder?s Court. He said he was not in
Recorder?s Court. As a result of that hearing this past Friday, the second day
of this month, he was found guilty and fine $150.00. That?s my knowledge of the
case.
Councilor Allen said to City Attorney Fay, based on the fact that he (Mr.
McGowan) went back to court Friday, does that start the clock ticking for
appeal? Is that when the five-day time period starts?
City Attorney Fay said, yes sir. In my estimation, that would be the conviction
day ? the finding of guilt and the imposition of a fine. And I do think it is
five calendar days and not five business days.
Councilor Allen said this would mean that tomorrow he (Mr. McGowan) could
go and file an appeal if that is what he wants to do. He said there is nothing
we (Council) can do. He said to clarify what the Chief had said about the tape
? they said there was no tape. He said that means or could mean the cameras
were not pointed in that particular area and there was no tape of that area.
Mayor Pro Tem Turner Pugh said the Chief didn?t mention that Mr. McGowan
also informed you that they had cameras and video of that incident? And did we
look at any of the video or pictures they took?
Chief Boren said he did not mention the video ? he mentioned the cameras.
Mayor Pro Tem Turner Pugh said she is not talking about the ?Hollywood
Connection? camera, but the individuals who were there for the birthday party.
As I understand it, they had cameras. She said she don?t know if they had a
video but she knows they had cameras and they had pictures that nobody ever
looked at.
She said she would think that if there was an incident where peoples names,
addresses and telephone numbers were given and officers can?t find them, then
she would think they would go back and tell the accused that they could not get
in touch with one of the witnesses they asked to call. She said she thinks this
should be put into practice. She said she has also instructed Mr. McGowan that
he should have taken a lawyer in (court) with him, because when one goes and
stand before a judge in Recorders? Court, you are there by yourself.
After 15 more minutes of comments from Council and Mr. McGowan, Mayor
Wetherington reminded Mr. McGowan that he has one more day to appeal his case,
and instructed City Attorney Fay to call the Recorders Court and talk to the
Clerk about Mr. McGowan filing an appeal bond.
City Attorney Fay further instructed Mr. McGowan that he did not need an
attorney to file his appeal but he may need one to file a motion to withdraw
the guilty plead.
CITY MANAGERS? AGENDA:
THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY MANAGER
HUGLEY AND ADOPTED BY THE COUNCIL:
A Resolution (463-07) ? Authorizing the adoption of an Anti-idling policy
to govern the City?s fleet of heavy duty vehicles to prohibit employees from
idling City vehicles for over five minutes except in traffic, or unless such
idling is needed to perform a necessary work function or to respond to an
emergency. Mayor Pro Tem Turner Pugh moved the adoption of the resolution.
Seconded by Councilor Allen and carried unanimously by those ten members of
Council present for this meeting.
*** *** ***
THE FOLLOWING TWO PURCHASING RESOLUTIONS WERE ALSO SUBMITTED AND EXPLAINED
BY CITY MANAGER HUGLEY AND ADOPTED BY THE 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 TEN MEMBERS OF COUNCIL PRESENT FOR THIS MEETING:
A Resolution (464-07) ? Authorizing the purchase of a commercial washer
extractor and a gas dryer from Commercial Coin & Laundry Equipment Company in
the amount of $50,094.00. This replacement equipment will be used at the
Muscogee County Jail.
A Resolution (465-07) ? Authorizing payment to Six Flags Over Georgia for
amusement park tickets in the amount of $21,521.50. The tickets were used to
take children participating in the G.R.E.A.T. program to Six Flags/White Water
during Summer months of 2007.
*** *** ***
THE FOLLOWING RESOLUTION WAS ALSO SUBMITTED AND EXPLAINED BY CITY MANAGER
HUGLEY AND AFTER A PRESENTATION BY THE ENGINEERING DEPARTMENT WAS APPROVED BY
THE COUNCIL:_____________________________________
A Resolution (466-07) ?Authorizing to enter into a contract for
professional Engineering Services from Post, Buckley, Schuh & Jernigan, Inc.,
in the amount not to exceed $40,000 for a detailed Flood Study in the East
Lindsay Branch Watershed to include application for a Letter of Map Revision
(LOMR) from FEMA. Mayor Pro Tem Turner Pugh moved the adoption of the
resolution. Seconded by Councilor Allen and carried unanimously by those ten
members of Council present for this meeting.
City Manager Hugley then asked Mr. Michael Burgess to come forward and
give Council a brief presentation on the FEMA Map update.
Mr. Burgess said back in September 2007, FEMA released a new set of flood
insurance rate maps and flood insurance study. These are the tools that
Department of Engineering and Department of Building Code and Inspection use to
regulate activity in the flood (inaudible word), particularity developer. In
particular, there was an area in Windsor Park/Effingham Way that was re-mapped
based on a limited detail study. Base on the some modeling that FEMA has
performed, using information that the city has provided, has designated an
expanded flood area. Immediately after the new panels were released, mortgage
companies began notifying residents with active mortgages of the requirement to
purchase flood insurance, and as soon as residents received those notices, they
began contacting the city for assistance. The reason I am before you this
evening is because the limited detail study is exactly that ? it is limited in
scope, it did not incorporate one critical component of that water shed. All of
this began as an initiative by the Federal Emergency Management Agency and
through their delegation of a flood-mapping program to the states; it became a
Department of Natural Resources initiative called Map Modernization. Map
Modernization is the conversion of a paper base mapping system to a digital
base mapping system. The old flood maps (previous to 2005) were all based on
ten-foot contour topography that was drawn from a US Geological Survey maps
that were published back in the 70s. On those maps there were several un-study
A-Zones and these were just approximate areas of flooding. A limited detail
study is a desktop exercise ? very little field data collection, very little
survey ? basically very simplistic.
After 30 minutes of questions and feedback from Council and Mr. Burgess
City Manager Hugley stressed the importance of this study (full detail study)
in the hopes of bringing some relief to the citizens of the community.
*** *** ***
THE FOLLOWING ADD ON RESOLUTION APPROVING A RISK MANAGEMENT CLAIM WAS ALSO
SUBMITTED AND EXPLANIED BY CITY MANAGER HUGLEY AND APPROVED BY THE
COUNCIL:______
A Resolution (467-07) ? Authorizing the approval to make a payment to
Matthew Haug in the amount of $19,250 for property damage settlement for a Risk
Management claim. Mayor Pro Tem Turner Pugh moved the adoption of the
resolution. Seconded by Councilor Allen and carried unanimously by those ten
members of Council present for this meeting.
--------------------------------------*** ***
***--------------------------------------------
CLERK OF COUNCIL AGENDA:
CLERK OF COUNCIL WASHINGTON SUBMITTED THE FOLLOWING ITEMS AS INFORMATION
FOR THE MAYOR AND COUNCIL:
Notice from GMA of the 2008 Mayors? Day Conference, January 26 ? 28, 2008, in
Atlanta, Georgia.
Memorandum from Clerk of Council Washington, Re: Board of Honor.
Memorandum from Clerk of Council Washington, Re: Hospital Authority.
Memorandum from Clerk of Council Washington, Re: Medical Center Hospital
Authority.
*** *** ***
THE FOLLOWING TEMPORARY STREET CLOSING APPLICATION WAS SUBMITTED AND
EXPLAINED BY CLERK OF COUNCIL WASHINGTON AND APPROVED BY THE COUNCIL:_____
Application of Richard Bishop to temporarily close the 900 east side only,
1000, 1100 block of Broadway, 10th, 11th, and 12th Streets from Front Avenue to
1st Avenue, on Friday and Saturday, November 16 and 17, 2007, from 6:00 p.m. on
Friday to 6:00 p.m. on Saturday, in connection with ?God Bless Fort Benning?
pedestrian safety. (The Police Department recommends approval).
Councilor Henderson moved the approval of the application. Seconded by
Mayor Pro Tem Turner Pugh and carried unanimously by those ten members of
Council present for this meeting.
*** *** ***
FAMILY & CHILDREN SERVICES:
Clerk of Council Washington submitted a letter from Joann Chester
resigning from her position on the Family & Children Services Board. Councilor
Allen made a motion to accept the resignation. Seconded by Mayor Pro Tem Turner
Pugh and carried unanimously by those ten members of Council present for this
meeting.
*** *** ***
MINUTES OF THE FOLLOWING BOARDS WERE SUBMITTED BY CLERK OF COUNCIL
WASHINGTON AND OFFICIALLY APPROVED BY THE COUNCIL:
Board of Tax Assessors, No. 40-07.
Cooperative Extension Advisory Board, October 25, 2007.
Family & Children Services, October 24, 2007.
Planning Advisory Commission, December 6, 2006
Planning Advisory Commission, December 20, 2006
Planning Advisory Commission, January 17, 2007.
Councilor Allen made a motion that the minutes be received. Seconded by
Councilor Henderson and carried unanimously by those ten members of Council
present for this meeting.
*** *** ***
THE FOLLOWING ADD-ON ITEMS WERE SUBMITTED BY CLERK OF COUNCIL WASHINGTON
AND APPROVED BY THE COUNCIL:____
Application of Liz Turner to temporarily close 9th Street between 1st
Avenue and 2nd Avenue, on Friday, November 9, 2007, from 8:00 a.m. to 12;00
p.m., in connection with ?pre-Veterans Day Program?. Councilor Henderson moved
the approval of the application. Seconded by Councilor Baker and carried
unanimously by those ten members of Council present foe this meeting.
*** *** ***
THE FOLLOWING TWO NEW ZONING PETITIONS WERE SUBMITTED BY CLERK OF COUNCIL
WASHINGTON AND AN ORDINANCE AND PUBLIC HEARING WAS CALLED FOR BY COUNCILOR
HENDERSON:________________________________________
Letter from Mr. Robert Upshaw requesting that a public hearing be called on
a rezoning petition for property located at 426 Tennessee Drive that was
recommend for denial by both the Planning Advisory Commission and the Planning
Department (49-D-07-Upshaw)
Letter from Mr. Dennis Roaden, representing Our Lady of Rose Hill
Ministries, Inc., requesting that a public hearing be called on the text
amendment to amend the definition of transient lodging that was recommended for
approval by the Planning Advisory Commission and denial by the Planning
Department (50-D-07-Our Lady of Rose Hill Ministries, Inc.).
*** *** ***
THE FOLLOWING RESOLUTION WAS SUBMITTED BY CLERK OF COUNCIL WASHINGTON AND
APPROVED BY THE COUNCIL:_______
A Resolution (468-07) ? Excusing Councilor Woodson?s absence. Councilor
Allen moved the adoption of the resolution. Seconded by Councilor Henderson and
carried unanimously by those ten members of Council present for this meeting.
*** *** ***
BOARD APPOINTMENTS:
ANIMAL CONTROL ADVISORY BOARD:
Clerk of Council Washington stated that the Veterinarian?s Association
recommends Dr. Patrice Holt to succeed herself. Mayor Pro Tem Turner Pugh moved
the confirmation. Seconded by Councilor Allen and carried unanimously by those
ten members of Council present for this meeting.
Clerk of Council Washington also pointed out that on the Animal Control
Advisory Board, Jeannie McKee and Gail Simpson are also eligible to succeed
themselves. Clerk of Council Washington informed Council that she would bring
this item back next week for confirmation.
*** *** ***
CIVIC CENTER ADVISORY BOARD:
Clerk of Council Washington pointed out that Mr. Terry Brown who represents
District Five no longer lives in Muscogee County. Councilor Baker is working on
getting a replacement for this position.
*** *** ***
CONVENTION AND TRADE CENTER AUTHORITY:
Clerk of Council Washington informed Mayor and Council that James Cantrell
and Frank Etheridge are eligible to succeed themselves (Mayor Appointments).
*** *** ***
PUBLIC SAFETY ADVISORY COMMISSION:
Clerk of Council Washington pointed out that Mr. Daniel Williams, Mr. James
Wilson, Ms. Margaret Shafer and Mr. Archie Rainey are all eligible to succeed
them-selves ? have made contact with Mr. Williams, Ms. Shafer, and Mr. Rainey
who expressed their desires to continue to serve on this board and can be
confirmed. Councilor Henderson moved the conformation. Seconded by Councilor
Baker and carried unanimously by those then members of Council present for this
meeting.
She said Ms. Cheryl Gallatin (District Ten Representative) no longer a
resident of Muscogee County; therefore, we will need a replacement for this
position.
*** *** ***
YOUTH ADVISORY COUNCIL:
Clerk of Council Washington pointed out that Councilor Anthony is working
on a nominee for District Eight.
--------------------------------------*** ***
***-------------------------------------------
OTHER COMMENTS AND REQUESTS FROM COUNCIL:
Councilor Davis called for a resolution honoring Mr. Bob Huff for the
things he has done for the community. Mr. Huff was recently named as Georgia?s
Nursing Home Association Volunteer of the Year.
Councilor Davis also called for a resolution for the Hughston Clinic
honoring the employees and Mr. Avery as being named one of the best places to
work for in Georgia.
Councilor Hunter called for a resolution for honoring Columbus High School
Volleyball Team on winning the State Championship.
(Unknown Speaker) ? This individual stated that the information Mayor Pro
Tem Turner Pugh requested in regards to the number of persons in the jail ?
those figures are available to the Sheriff Department and to the City
Government. Based on the figures handed to this individual by Mr. Dubose, there
were 676 people (currently in jail) waiting to go to trial in January 2007. By
end of September, the number was 702. The bottom number between January and
September 2007 started at 645 (low) waiting to go to trial and 703 (high).
Mr. Dubose stated that in regards to jail population, the study conducted
suggests that from 2004 to date, the jail has always been over capacity and
those numbers have not went down. He stated that last they spoke about he
possibility of inappropriate behavior towards females in the Fire Department
and the possibility of sitting down and going over some of these issues and a
way in which people can come forward and not be retaliated against by
leadership.
Mayor Wetherington informed Mr. Dubose that he has spoken with the Fire
Chief about this individual (after last week Council meeting) and was informed
by the Chief that he had word that this individual had some information about
fire fighters abuse that he had written down in his personal note book. He said
after two requests from the Chief to this individual to come to his office, and
after the Chief was questioned at a Council meeting about this situation, he
(Chief) then sent an officer to the individual station and asked him to come
down and talk about the note. He said the individual then gave the Fire Chief
the information he had.
In addition, Mayor Wetherington stated he also spoke to the Fire Chief
about a female who said she was sprayed down with a water hose. He said
according to the Chief, they were washing a fire truck and this particular
individual got wet in the process. Mayor Wetherington stated that he then told
the Chief that he had to stay on top of these kinds of things. The Chief stated
that she (the young lady) did not bring this to his attention until after she
was dismissed.
According to Mr. Dubose, the incident described by Mayor Wetherington as
told to him by the Chief was inaccurate. He said the individual did not get wet
with a hose by accident and the individual responsible for the act climbed on
top of a building and poured a bucket of water down on the female. In addition,
this information did not come out only at the time the individual was being
dismissed but had come out earlier and on two different occasions individuals
were ?jacked up? for complaining.
City Attorney Fay informed Mr. Dubose that there was an independent
attorney (not working out of anyone?s office in the city) who investigated
these allegations and a report has since been presented to the Mayor. He said
the Fire Chief is still working through all those issues but as to any
particular individual, we are not going to comment on what charges may or may
not be brought and there are also a few pending matters.
Mayor Pro Tem Turner Pugh stated that last week she asked that the Mayor,
City Manager, Councilor Barnes, and Mr. Dubose meet because all these
allegations are being thrown out at the podium but she has not seen anything in
writing- this is why she has asked that they have a meeting/sit-down to get to
the bottom of this. She said this way everyone will know what the allegation
are and the Chief will be able to address such with the administration.
Councilor Barnes responded to a question from the Mayor regarding the
cancellation of a meeting that was schedule for 2:00 p.m. today. He stated he
cancelled the meeting after getting with Mr. Dubose and finding out that the
individuals from the Fire Department who wanted to be at the meeting were
unable to be there. He says it would have seemed somewhat futile to have a
productive meeting when the individual who will bring substantial information
to the meeting will not be there.
Councilor Davis stated that although this Council meeting covered a lot
things it was positive especially to the people watching to know that a
government the size of the Columbus Consolidated Government and as
sophisticated as this one is that there has been processes in place to handle
certain situations and complaints. He further stated that it is very
encouraging to hear the Mayor say that every year policies (on sexual
harassment, equal opportunity etc.) are sent out to every department and every
employee. Councilor Davis thanked Mr. Dubose for his patience tonight at this
very lengthy meeting and also asked for his help and assistance in dealing with
crime by utilizing his contacts in Atlanta, Georgia especially with the State
Representatives.
*** *** ***
With there being no additional business on the Council?s Agenda, Councilor
Allen made a motion to adjourn the meeting. City Manager Hugley asked if the
Mayor and Council would rather delay the executive session to which Mayor
Wetherington replied in the negative.
*** *** ***
EXECUTIVE SESSION:
Councilor Allen made a motion to allow the Council to go into an executive
session to discuss personnel matters. Seconded by Councilor Henderson and
carried unanimously by those ten members of Council present for the meeting.
*** *** ***
At 8:52 p.m. the regular session was adjourned to allow the Council to go
into an executive session.
*** *** ***
At 9:33 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 personnel matters, but no action was taken.
*** *** ***
With there being no other business to come before this Council, Councilor
Allen then made a motion to adjourn. Seconded by Mayor Pro Tem Turner Pugh and
carried unanimously by those ten members of Council present for this meeting
with the time being 9:34 p.m.
*** *** ***
Tiny B. Washington, CMC
Clerk of Council
The Council of Columbus, Georgia
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