MINUTES
COUNCIL OF COLUMBUS, GEORGIA
REGULAR SESSION
FEBRUARY 9, 2010
The regular weekly meeting of the Council of Columbus, Georgia was called
to order at 9:00 A.M, Tuesday, February 9, 2010, on the Plaza Level of the
Government Center, Columbus, Georgia. Honorable W. J. Wetherington, Mayor,
presiding.
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PRESENT: Present other than Mayor Wetherington and Mayor Pro Tem Evelyn Turner
Pugh were: Councilors R. Gary Allen, Wayne Anthony, Mike Baker, Jerry Barnes,
Berry H. Henderson, Julius H. Hunter, Jr., Charles E. McDaniel, Jr. and Evelyn
Woodson. City Manager Isaiah Hugley, City Attorney Clifton Fay, Clerk of
Council Tiny Washington and Deputy Clerk of Council Sandra Davis were also
present.
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ABSENT: No one was absent.
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INVOCATION: Led by Dr. Jeff Amsbaugh, Senior Pastor of Grace Baptist Church.
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PLEDGE OF ALLEGIANCE: Led by students from St. Luke School.
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PRESENTATION OF COLUMBUS GIVES ITS HEART TO
HAITI:_______________________________________________________
Deputy City Manager Lisa Goodwin came forward along with Assistant City
Attorney Jamie Deloach and Assistant Director of Human Resources Reather
Hollowell and announced that on February 1, 2010 the Mayor officially kicked
off the 60-day campaign with Columbus Gives Its Heart to Haiti. She said the
campaign would run from February 1, 2010 thru March 31, 2010. She said the set
goal is $50,000 in which we have already raised $2,555. She advised that
citizens and employees would have an opportunity to participate in raising
funds to meet the $50,000 goal. She also advised that there have been a number
of organizations to come forward and offer their assistance in helping us reach
our goal. She informed the citizens that there are many different ways to get
involved such as: purchasing buttons, stickers or by sharing a song. She then
read the verses to the song, which was written by Camie Curry, Assistant
Director of Parks and Recreation and Spurgeon Glenn. She informed that all of
the information pertaining to this event would be available on the City?s
website.
Deputy City Manager Goodwin advised that in the month of April there would
be an announcement disclosing how much money was raised on behalf of the
citizens of Columbus.
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MAYOR?S AGENDA:
THE FOLLOWING RESOLUTION WAS SUBMITTED AND READ IN ITS ENTIRETY BY
COUNCILOR ALLEN AND ADOPTED BY THE
COUNCIL:____ _ __
A Resolution (37-10) ? Commending Mr. Dan Amos for selection
as one of the 100 Most Influential Georgians by Georgia Trend
Magazine. Councilor Allen moved the adoption of the resolution.
Seconded by Councilor Barnes and carried unanimously by those ten
members of Council present for this meeting.
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WITH THOSE NAMED IN THE RESOLUTION STANDING AT THE COUNCIL TABLE, THE
FOLLOWING RESOLUTION WAS SUBMITTED AND READ IN ITS ENTIRETY BY COUNCILOR
ANTHONY AND ADOPTED BY THE COUNCIL: _________________
A Resolution (38-10) ? Commending Trim Down Columbus for
challenging Columbus residents to a healthier way of life. Councilor
Anthony moved the adoption of the resolution. Seconded by Councilor
Hunter 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 INTRODUCED ON FIRST READING: _________________________________________
An Ordinance ? Regulating vehicular traffic in Columbus, Georgia by
revising Truck Route Regulations in Columbus Code Sections 20-9.46 thru 20-9.48
as described here within; revising Columbus Code Section 20-9.47 driving on
divided highways by re-designating it as Columbus Code Section 20-9.44;
repealing any conflicting Ordinances; and for other purposes.
Mr. John Watson, Schomburg Road came forward and said Schomburg Road is a
35-mile per hour zone and gasoline trucks ride down the road at 55-miles per
hour. He said the thickness of the street is not sufficient to support
gasoline trucks or dump trucks, which also comes by at a high rate of speed.
Councilor Allen said that Schomburg Road is on the list, as this gentleman
was enforcing the need for the truck route system because some of the trucks
are using the streets as cut through streets. He said the concerns of the
neighbors; especially with the gas trucks is losing control and causing some
kind of harmful situation to the neighbors and the neighborhood. He said it is
on the list and one of the streets that will be restricted.
Councilor Anthony asked Mr. Ron Hamlett if there is a certain guideline
for the width of a street being used by trucks.
Mr. Hamlett responded by saying different roads are classified based on
the number of lanes and the classification. He said Schomburg Road is
classified as collector, which is restricted to 18 tons and 30ft length and
this excludes tractor-trailers and fuel trucks.
City Manager Hugley said he knows that Councilor Allen has indicated that
Chief Boren is aware of this problem; however, we will just remind the Chief,
because he knows that a Joe Carpenter, who is a resident of the Schomburg Road
area and served on the truck route committee, initiated this truck route issue.
He said the Schomburg Road area had representation on the committee.
He said he thinks that what we got is something to start with and maybe
ask for enforcement and if we find that we need to come back to the Council at
a later time, we could come back to you to make some adjustments.
At the request of Mayor Pro Tem Turner Pugh, Traffic Engineer Ron Hamlett
then explained the difference between a collector road and an arterial road, as
well as gave an example of what roads are considered as a collector road and/or
arterial road.
City Attorney Fay said all of those streets are listed in the table with
the restrictions indicated and we will be voting on this ordinance in two weeks
at the 5:30 p.m. Council meeting.
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An Ordinance ? Amending Ordinance No. 08-63, Administration of
Comprehensive Plan, by adding a sentence to Subsection 2 of Section 1; and for
other purposes.
City Attorney Fay said we have added a sentence that would in effect say
that if the Council makes a rezoning that in effect amends the Comprehensive
Plan it shall be considered an amendment to the Comprehensive Plan. He said
this would help out our Planning Department.
In giving an example of this amendment, City Manager Hugley said if a lot
next to his house is single-family and in the comprehensive plan, it shows
single-family and someone goes through a zoning process to make the lot next to
his house multi-family and it then goes to the Planning Advisory Commission and
they agree to it, and it comes before the Council and you agree to it. He said
multi-family is not what the lot shows in the comprehensive plan or in the UDO;
therefore, what would happen when you approve the rezoning for the lot next to
my house to be multi-family; then we would also amend the comprehensive plan to
show that as multi-family otherwise when someone pulls the comprehensive plan
and they look at the area where he lives they will see it as single-family next
to his house, but there are apartments there. He said the question then would
be, why is it not consistent with the comprehensive plan. He said what this
amendment would do, is to show that the comprehensive plan would be consistent
with any rezoning that you approve.
Councilor Henderson said he agrees that if anything that we do, if it
deviates at all from the comprehensive plan needs to be amended within the
ordinance. He then asked, how is this significantly different from the way it
worked before other than it wasn?t put in the form of an ordinance. He asked if
the changes from what was originally in the comprehensive plan create a defacto
change or was it never amended on the document itself.
City Attorney Fay said he don?t know if there was ever any formal amendment
because it was just a guide.
Councilor Henderson said his only concern with this?he knows that any time
we make a deviation from the ordinance that we will have to change it. He said
one thing that appealed to him about adopting the comprehensive plan with an
ordinance was the fact it would be more difficult for us to deviate. He said
there are things when we step back and look at them that are compatible and he
thinks those changes are warranted. He also said he thinks it is important that
we be forced to evaluate every single rezoning issue that comes before the
Council, and not be quick to change the entire philosophy of an area.
Mr. Rick Jones of the Planning Department said that was their real intent
in adopting the Comprehensive Plan as an ordinance, is to make sure that we all
understood that these were the things that we were going to try to accomplish
as a community as far as development goes throughout the county itself. He
said their concerns as they shared with the City Attorney several weeks ago was
making sure that we didn?t get ourselves in a position where we could have
someone to come back later on and say that we are not following our own plan.
He said it was adopted by ordinance and typically when you adopt something by
ordinance, you have to change and amend that ordinance per se.
He said there are two ways that you can go about doing this, one being
have a formal application process where an individual would have to come in and
pay a fee and they would go through a public hearing and change that
comprehensive plan to make it work or you can do it with the zoning
classification because you are actually having a public hearing on the
comprehensive plan at the same time you are dealing with the zoning ordinance
itself. He said they are trying to make sure they were all in sync and in
harmony and that is the reason for the language in this ordinance.
After the conclusion of his comments, Mr. Jones, as well as City Manager
Hugley then responded to several questions of members of the Council.
City Attorney Fay said if this amendment is adopted then this would give
them the authority to make that adjustment to the comprehensive plan so that it
will all be consistent under the rezoning. He said under Georgia law, the
comprehensive plan is a guide for the Planning Department?s use for the county.
He then declared this public hearing held and pointed out the ordinance would
be voted on in two weeks at the next Council meeting.
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THE FOLLOWING RESOLUTION WAS SUBMITTED BY
CITY ATTORNEY FAY AND ITS CAPTION READ AND ADOPTED BY THE COUNCIL:
_________________________________________
A Resolution (39-10) ? Authorizing the approval to rezoning property
located at 10107 Veterans Parkway for a special exception use in a RE1
(Residential Estate 1) zoning district. The proposed use is for a Personal
Care Home Type III. Councilor McDaniel moved the adoption of the
resolution. Seconded by Mayor Pro Tem Turner Pugh and carried
unanimously by those ten members of Council present for this meeting.
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THE FOLLOWING RESOLUTION WAS SUBMITTED AND EXPLAINED BY CITY ATTORNEY FAY
AND ADOPTED BY THE COUNCIL:___________________________________________________
A Resolution (40-08) ? Authorizing the approval to rezoning property
located at 10701 Chattsworth Road for a special exception use in a RE1
(Residential Estate 1) zoning district. The proposed use is for a Place of
Worship with 250 seats.
Councilor Allen said there was a letter included in the Council packets
from Ft. Benning recommending that smoke and noise disclosure statements be
used. He said Council supports the church but everyone should be aware of the
potential for noise as Ft. Benning goes through its training exercises. He also
made known that they are required federally to keep the under brush out. At
this time, Councilor Allen requested that a condition be added to the ordinance
for smoke and noise disclosure statement to be utilized during the contract.
He said for the benefit of the church members who may be present here today,
the Planning Division has samples of the disclosure statements that can be
used. Councilor Allen made a motion to amend the ordinance by adding the
condition listed above. Seconded by Councilor Woodson, which carried
unanimously by those ten members of Council present for this meeting.
Councilor Anthony asked how close would it be to the firing of artillery.
He said that is where the artillery ranges is being setup across the road and
then asked if we know how close that will be.
Councilor Allen said it is his understanding that across the road will be
the small arms range and he is not aware of any artillery range. He said he is
not sure what he means about artillery. He said there are at least four small
arm ranges. He said the tank and artillery ranges are further interior and
south of Chattsworth Road.
Councilor Allen made a motion to adopt the ordinance as amended. Seconded
by Councilor McDaniel, which carried unanimously by those ten members of
Council present for this meeting.
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THE FOLLOWING FIVE RESOLUTIONS WERE SUBMITTED BY CITY ATTORNEY FAY AND
THEIR CAPTIONS READ BY MAYOR PRO TEM TURNER PUGH AND ADOPTED BY THE COUNCIL
PURSUANT TO THE ADOPTION OF A SINGLE MOTION MADE BY MAYOR PRO TEM TURNER PUGH
AND SECONDED BY COUNCILOR HUNTER, WHICH CARRIED UNANIMOUSLY BY THOSE EIGHT
MEMBERS OF COUNCIL PRESENT FOR THIS MEETING, WITH COUNCILORS DAVIS AND
HENDERSON BEING ABSENT FOR THIS
VOTE:
A Resolution (41-08) ? Expressing appreciation to Mrs. Eunice B. Holman
upon her retirement from the Muscogee County Sheriff?s Department after over 8
years of service.
A Resolution (42-08) ? Expressing appreciation to Mrs. Jacqueline W.
Jakes upon her retirement from the Muscogee Manor Rehabilitation Center
after over 37 years of service.
A Resolution (43-08) ? Expressing appreciation to Mrs. Josephine P.
Jenkins upon her retirement from the Muscogee Manor Rehabilitation Center after
17 years of service.
A Resolution (44-08) ? Expressing appreciation to Mr. Ronnie M.
Ledford upon his retirement from the Columbus Water Works after over 39
years of service.
A Resolution (45-08) ? Expressing appreciation to Mrs. Delores
Williams upon her retirement from the Tax Commissioner?s Office after 11 years
of service.
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PUBLIC AGENDA:
MR. FRANK RIDDICK, RE: A REQUEST FOR WAIVER OF TAX AND INTEREST
PENALTY:____
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Mr. Frank Riddick, 1205 Leaf Brook Dr. came forward to petition the
Council for a refund of penalties and interests that were added to his 2009 tax
bill. He admitted that the taxes were not paid on December 1st as required.
He said this action was not an attempt to avoid paying the bill; he did not
receive the bill or the special notice attached to the bill. He informed
Council that he has been in an appeals process since June 24, 2009 and has also
been in constant communication with the Tax Assessor as well as the Tax
Commissioners Office regarding the deadline set forth for the adjustment to the
original reevaluation. He also informed Council that he met the deadline to
have a hearing before the Board of Equalization. He explained that his last
contact with the Tax Commissioner?s Office was in October in which a request
was made to go before the Board of Equalization. He said, as of December 20th
he had not heard from the Tax Commissioner?s Office, therefore he sent a letter
requesting information as to when the hearing would be scheduled. He concluded
that through documentation, he complies that there is no evidence that his
actions were the result of gross, willful neglect or disregard of the law.
Councilor Allen asked Mr. Riddick if he was in discussion over the
assessment of the property before the billings went out in the fall.
Mr. Riddick explained that he received a reappraisal of his home on June
24, 2009 due to adding a swimming pool and felt that based on the current
valuations and trends in the neighborhood that it was overvalued. He said he
had been in this process since June 24th and it was resolved on January 28th by
the Board of Equalization. He said he did not receive a bill for October and
December.
Councilor Allen then called attention to the Tax Commissioner?s statement,
which indicates that their office does validate that the Tax Commissioner?s
Office found no evidence of gross, willful neglect or disregard of the law by
the property owner.
Councilor Woodson said from her recollection there was a discussion
previously in reference to wavering tax penalties. She said there is a portion
of it that the Council cannot waive.
City Attorney Fay said the Council has authority to waive the penalties
and interests but not the principal tax.
Tax Commissioner Lula Huff came forward and said the temporary tax bill
was mailed out in August of 2009 at 85% of what the taxes were, due to it being
under appeal. She said the bill was not paid in a timely manner, therefore
penalties and interests were attached.
Councilor Woodson asked Tax Commissioner Huff if there is anything in the
state law that won?t allow an individual to pay the 85% as they are going
through the appeal?s process. She reiterated that Mr. Riddick attempted to pay
the 85% and his payment was refused.
Tax Commissioner Huff explained that the office does not have a system or
the manpower to receive partial payments. She said there would have to be a
separate accounts receivable setup for individuals requesting to make partial
payments.
After more than forty-five minutes of discussion on this matter, with
several members of the Council expressing their views on the matter and Tax
Commissioner Huff and Mr. Riddick responding to questions of members of the
Council, Councilor Allen made a motion to waive the tax and interest penalty.
Seconded by Councilor Barnes and carried by a vote of 6 to 5 with Mayor
Wetherington breaking the tie vote in favor of the motion with Councilors
Allen, Barnes, Davis, Hunter and McDaniel voting yes and Councilors Anthony,
Baker, Henderson, Woodson, and Mayor Pro Tem Turner Pugh voting no.
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MR. RALPH PUCKETT, RE: A REQUEST FOR WAIVER OF TAX AND INTEREST
PENALTY: _______________________
Mr. Ralph Puckett, 2024 Country Club Rd., came forward and made a
presentation to state his case requesting a waiver for the taxes, interest and
penalty on his property tax. He said a check for the second installment was
completed and mailed on November 17, 2009. He said he received a delinquent
tax notice in the mail showing that he owed the second installment plus
interest and penalty. He said on February 1, 2010 he went to the Tax
Commissioner?s Office requesting that the penalty and interest be waived and at
that time he paid the second installment plus the penalty and interest. He
said he is requesting that the penalty and interest, totaling $311.80 be
refunded to him because he submitted the second installment prior to the due
date. He doesn?t know what happened to that check as it has never cleared. He
said it could have been lost in the post office or the Tax Commissioner?s
office. He said he wrote the check and he cannot say whether or not the Tax
Commissioner received the first installment when he first sent it.
Councilor McDaniel made a motion to waive the tax and interest penalty.
Seconded by Councilor Barnes and carried by a vote of 6 to 5 with Mayor
Wetherington breaking the tie vote in favor of the motion with Councilors
Allen, Barnes, Davis, Hunter and McDaniel voting yes and Councilors Anthony,
Baker, Henderson, Woodson, and Mayor Pro Tem Turner Pugh voting no.
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MR. LORENZA WILDER, RE: NEIGHBORHOOD CRIME:____ _
Mr. Lorenza Wilder, 542 Wilder Dr., came forward and expressed his
concerns relating to neighborhood crime. He also expressed concerns relating
to speeding in school zones. He thanked the Mayor & Council for the great job
that they are doing, as well as the job that the Police Department is doing.
Mayor Wetherington advised Mr. Wilder that 95 of the 100 officers have
been hired. He said maybe 60 of them are actually on the street at this time
riding by themselves, and the other officers are in training in one phase or
another. He said he has stressed to Chief Boren to keep the officers in the
neighborhood and said we will continue to try to make our city one of the
safest cities in the nation.
Mayor Pro Tem Turner Pugh advised that there are several churches in the
area between Steam Mill Road and North Star Drive where the ministers have
formed a pact to have the churches open early in the morning to allow parents
to drop their children off at the church instead of letting them hang out in
front of the schools. She also said that there will be town hall meetings as
well.
Councilor Barnes also expressed his thanks and gratitude for the police
officers and how they responded to an incident rather quickly in his
neighborhood on last night.
MR. JOHN GRIFFIN, JR. RE: TAXICAB PERMIT
REVOKED:__
Mr. John Griffin, Jr., 2615 Garden Dr., came forward and said in the
beginning of November he applied for a taxicab permit and was approved on
November 10, 2009. He said he followed all of the guidelines, but said no
matter how much people follow the guidelines there are certain people who can?t
get ahead. He said at the end of January 2010 he attempted to obtain a taxicab
business license application for his father. He stated that he took the
application to Lt. Ross and later received a call from him pertaining to the
application. He said Lt. Ross explained that personnel had issued the wrong
application and also advised him that he needed a letter of occupancy. He said
the next day he received a phone call requesting that he come to the Police
Department. He said the next morning he went to the Police Department and
spoke with the gentleman that issues the taxicab permits. He said this
gentleman explained to him that his taxicab permit was issued in error; he said
the personnel overlooked a reckless driving charge that had been placed on his
record. He advised that he spent over $1,000 converting his car over to a
taxicab after he received his permit to get his cars ready for his business.
Mr. Griffin went into some details in explaining why he was charged with
reckless driving.
Lt. Ross said the issue came to his attention once Mr. Griffin came to his
office. He said after looking at Mr. Griffin?s information, he came to realize
that Mr. Griffin had been convicted for reckless driving, and at this point, he
determined that Mr. Griffin was given a permit in error. He said there are no
provisions in the city ordinance to give him a permit or to allow him to
continue driving a cab.
Councilor Hunter said Mr. Griffin provided the information that he had
been convicted of reckless driving and the City overlooked that information.
He then said his concern is that Mr. Griffin expended funds after he had
received his permits after he thought that he had been approved. He said the
fair thing to do is to compensate Mr. Griffin for the funds that he expended
because he wouldn?t have done it if he had not been given his permit.
Councilor Henderson said he agrees with Councilor Hunter and said he would
in no way support issuing the permit because it doesn?t meet the criteria. He
said it was an oversight as Mr. Griffin was open about the conviction and made
an investment; therefore, he thinks that we need to identify, if possible, what
fund some type of reimbursement would come out of, as well as have him document
actual expenses expended, as he thinks that we need to reimburse him.
City Manager Hugley said Mr. Griffin could get together with Deputy City
Manager Lisa Goodwin and she will work with him concerning this matter.
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CITY MANAGER?S AGENDA:
THE FOLLOWING SEVEN N RESOLUTIONS, HAVING BEEN INCLUDED WITH THE CITY
MANAGER?S AGENDA WERE SUBMITTED AND EXPLAINED BY CITY MANAGER HUGLEY AND
ADOPTED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE MOTION MADE BY
COUNCILOR DAVIS AND SECONDED BY MAYOR PRO TEM TURNER PUGH, WHICH CARRIED
UNANIMOUSLY BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR THIS
MEETING:
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A Resolution (46-10) ? Authorizing the approval for the Adult Felony
Drug Court to enter into a $50,000 contract with New Horizon for treatment
services for participants in the drug court program.
A Resolution (47-10) ? Authorizing the submission of an application
and if approved, accept up to $325,000 in funds from the Department of
Health and Human Services Substance Abuse and Mental Health Services
Administration for the operations of the Juvenile Drug Court Program.
A Resolution (48-10) ? Authorizing the approval to reimburse
$198,111.25 in expenses to G C W Development for the installation and
maintenance of erosion control Best Management Practices and Stabilization
of a 25 acre site on Courtland Avenue, where soil material was excavated by
the City and utilized for cover at the landfill.
A Resolution (49-10) ? Authorizing the execution of a construction
contract with M Jordan Roofing, Inc., in the amount of $216,000.00 for roofing
services at the Columbus Developmental Disability Service Center, located at
2401 Buena Vista Road. The scope of work includes providing all labor,
equipment and materials to: tear off existing metal roof panels down to techtum
deck and discard, including all metal parapets: install (1) one layer of 2?
Polyisocyanurate insulation and (1) one layer ?? approved cover board in
approved cold adhesive, seams staggered; install a 60 Mil felt back PVC roof
membrane with hot-air welded PVC battens to create the appearance of a standing
seam metal roof; and install new gutters and skylights.
A Resolution (50-10) ? Authorizing the purchase of four (4) cab and
chassis from Wade Ford (Smyrna, GA) in the amount of $91,588.00, and four (4)
8?? flat dump bed bodies from Park Built Body Company (Sylvester, GA) in the
amount of $21,419.20. The trucks with 8?? flat dump bed bodies will be used by
the Rainwater Division of the Public Services Department to transport a minimum
of four (4) personnel and equipment to various job sites to perform maintenance
on storm drains. One of the units is a replacement.
A Resolution (51-10) ? Approving the repair of sewer lateral for the CB&T
Uptown Center that connects to the main Combined Sewer Trunk Line in the median
of First Avenue to be rehabilitated, including the installation of a new
manhole, under the current contract the City has with Insituform, Inc., and be
reimbursed for those expenses by CB&T, for the estimated amount of $9,000.
While installing AT&T services to the CB&T Uptown Center it was discovered
the sewer lateral servicing the Center was in disrepair and needed
rehabilitation. The work will require rehabilitation of the lateral and the
installation of a new manhole. CB&T contacted the City to determine if the
work could be done under the current contract with Insituform, Inc., and be
reimbursed to the City. Per RFB No. 09-003, Resolution #177-09, the City has
an existing contract with Insituform for storm drain rehabilitation.
Portions of the lateral are within the City right of way for First Avenue.
Failure of the lateral could create a sinkhole and endanger or disrupt the
traveling public on First Avenue as well as damage the right of way.
A Resolution (52-10) ? Authorizing the purchase of nine (9) MW810 mobile
data/ automatic vehicle location (AVL) workstations, in the amount of
$100,863.00 from Motorola Corporation. The unit cost for the Mobile Data/AVL
is $11,207.00. The equipment will be installed in pursuit vehicles purchased
for the Sheriff?s Department.
This purchase is part of a continuing project aimed at equipping all
appropriate public safety vehicles with advanced technology, in order to
maximize the efficiency of public safety response calls, for service, from the
public. Per Resolution No. 431-00 (RFP No. 00-0022), Council awarded a
contract with Motorola to provide mobile data units for public safety
departments. To maintain uniformity of the equipment, the City has continued
to purchase the equipment from Motorola. Consequently, the vendor is
considered the only known source to provide the equipment, in accordance with
the Procurement Ordinance, Article 3-114.
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AT THE REQUEST OF CITY MANAGER HUGLEY THIS RESOLUTION WAS DELAYED BY THE
COUNCIL:____________
A Resolution ? Authorizing the procurement of gym equipment from Promaxima
Manufacturing, LTD, in the amount of $84,999.00.
Mayor Pro Tem Turner Pugh made a motion to delay this resolution. Seconded by
Councilor Woodson and carried unanimously by those ten members of Council
present for this meeting.
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REQUEST FOR WAIVER OF TAX AND INTEREST PENALTY:
Councilor Anthony said he would like to have some discussion concerning
persons requesting the waiver of their tax interest and penalty to allow
Council to establish a policy of how to handle this particular matter. He
expressed that there have been friends of certain Councilors to come forward,
which results in the Council having a split decision.
Mayor Pro Tem Turner Pugh said everyone should be treated equally. She
said there have been several individuals to come down and ask for a waiver of
penalty and interest and they were denied. She explained that the five
Councilors who voted to waive the penalty interest have the mind frame that
they want one policy and the other five Councilors who voted against the waiver
have a different mind frame. She said the Council can?t control what happens
with the mail but some of the responsibility lies on the individual. She said
she does not think it is going to work to have a policy that would advise the
Council to waive or not waive. She projected that once there is an electronic
payment system available, there should be a decrease in mailing issues.
Councilor Anthony said everyone also need to know that if they would send
a self-addressed stamped envelope, the Tax Commissioner?s office would send
them a receipt.
City Attorney Fay said the Council is following the state law by looking
at each case individually. He said there is a provision in the State law that
you can try to shift all that back to the Tax Commissioner?s office, but he is
not sure that you want to do that as a matter of policy. He said what you have
done under the law is correct, as you have looked at each case.
Councilor Henderson said the quicker that we can get the money in the bank
and allows an opportunity for these people that are submitting these payments
to go either to their bank or through an on-line banking
system and check whether or not their checks have cleared, we will clear up a
lot of that, but said there is some personal responsibility as well.
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CLERK OF COUNCIL?S AGENDA:
CLERK OF COUNCIL WASHINGTON SUBMITTED THE FOLLOWING ITEMS AS INFORMATION
FOR THE MAYOR & COUNCIL: ________________________________________________
Notice of the Georgia Municipal Association Two-Day Training Session for
Elected Officials, March 26 - 27, 2010, in St. Simon?s Island.
Notice from Georgia Municipal Association, Re: Nomination of 2010 ? 2011 GMA
District Eight Officers.
Biographical Sketch of Ms. Valerie Thompson, Mayor Pro Tem Turner Pugh?s
nominee for a new position on the Crime Prevention Board.
Biographical Sketch of Ms. Benita Davis, Councilor Woodson?s nominee for a new
position on the Crime Prevention Board.
Mayor?s Committee for Persons with Disabilities Weekly Reports for the week of
January 11, 2010 and January 18, 2010.
Memorandum from Clerk of Council Washington, Re: Authorities, Boards and
Commissions.
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THE FOLLOWING TEMPORARY STREET CLOSING APPLICATION WAS SUBMITTED BY CLERK
OF COUNCIL WASHINGTON AND APPROVED BY THE COUNCIL:____________
Application of Richard Bishop to temporarily close 14th Street
from 1st Avenue ending at 3rd Avenue in Phenix City, on Saturday,
February 27, 2010 from 12:00 p.m. to 4:00 p.m. in connection with
pedestrians and participant safety.
Councilor Allen moved the approval of the application. Seconded by
Councilor Woodson and carried unanimously by those ten members of Council
present for this meeting.
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CLERK OF COUNCIL WASHINGTON SUBMITTED MINUTES OF THE FOLLOWING BOARDS,
WHICH WERE OFFICIALLY RECEIVED BY THE COUNCIL: _
____________ _
Board of Historic & Architectural Review, August 10, 2009.
Board of Historic & Architectural Review, September 14, 2009.
Board of Historic & Architectural Review, October 13, 2009.
Board of Tax Assessors, Nos. 02-10 & 03-10.
Development Authority, December 3, 2009.
Development Authority, January 7, 2010.
Family & Children Services, January 27, 2010.
Housing Authority, December 10, 2009.
Golf Authority, October 27, 2009.
Medical Center Hospital Authority, October 28, 2009.
Councilor McDaniel made a motion that these minutes be received. Seconded
by Mayor Pro Tem Turner Pugh and carried unanimously by those eight members of
Council present at the time, with Councilor Davis and Councilor Woodson being
absent for this vote.
*** *** ***
THE FOLLOWING TWO NEW ZONING PETITIONS WERE SUBMITTED BY CLERK OF COUNCIL
WASHINGTON AND AN ORDINANCE AND PUBLIC HEARING WAS CALLED FOR BY COUNCILOR
MCDANIEL:____________________________________
Petition submitted by Gus Swenson to rezone 1 acres of property located at
4400 Beallwood Avenue from NC (Neighborhood Commercial) to GC (General
Commercial) district. (Recommended for approval by both the Planning Advisory
Commission and the Planning Department.) (2-A-10-Swenson)
Petition submitted by Ashley Martin to rezone 4 acres of property located
at 925 Morris Road from LMI (Light Manufacturing Industrial) to RMF1
(Residential Multi Family district. (Recommended for conditional approval by
both the Planning Advisory Commission and the Planning Department.)
(3-CA-10-Martin)
THE FOLLOWING TWO NEW ZONING PETITIONS WERE SUBMITTED BY CLERK OF COUNCIL
WASHINGTON AND RECEIVED BY THE COUNCIL PURSUANT TO THE ADOPTION OF A SINGLE
MOTION MADE BY COUNCILOR MCDANIEL AND SECONDED BY COUNCILOR HENDERSON, WHICH
CARRIED UNANIOUMOUSLY BY THOSE TEN MEMBERS OF COUNCIL PRESENT FOR THIS
MEETING:_______________ _______________
Petition submitted by Andy Hartin to rezone .25 acre of property located
at 3604 Hamilton Road from RMF1 (Residential Multi Family 1) to NC
(Neighborhood Commercial) district. (Recommended for conditional approval by
the Planning Advisory Commission and denial by the Planning Department.)
(4-D-10-Hartin)
Petition submitted by Ashley Martin to rezone 16.88 acres of
property located at 1100, 1126 and 1150 Morris Road from LMI (Light
Manufacturing Industrial) to SFR4 (Single Family Residential 4) district.
(Recommended for conditional approval by the Planning Advisory Commission and
denial by the Planning Department.) (5-D-10-Martin)
*** *** ***
BOARD APPOINTMENTS:
ANIMAL CONTROL ADVISORY BOARD:
Clerk of Council Washington advised that Mr. John Blozsies is no longer a
resident of Muscogee County; therefore a nominee is needed to fill his seat on
the Animal Control Advisory Board. There were no nominations.
*** *** ***
BOARD OF HISTORIC & ARCHITECTURAL REVEIW:
Clerk of Council Washington advised that Mr. William Burgin and
Mr. Jeff Reed is eligible to serve another term and have both been nominated.
Councilor Henderson then moved confirmation. Seconded by Councilor Allen and
carried unanimously by those eight members of Council present at the time, with
Councilors Anthony and Barnes being absent for this vote.
Clerk of Council Washington also advised that Mr. Murray Calhoun?s seat
has been declared vacant by this Council, and that Mr. Siavosh Etemadi is not
eligible to succeed himself for another term of office; therefore a nominee is
needed to fill each of these seats. She said we are waiting for a nomination
from the respective organizations.
*** *** ***
CIVIC CENTER ADVISORY BOARD:
Clerk of Council Washington advised that Ms. Ellis is being nominated by
Councilor Baker to replace Mr. Kevin Shirley on the Civic Center Advisory Board
and that she may now be confirmed. Councilor Allen moved confirmation.
Seconded by Mayor Pro Tem Turner Pugh and carried unanimously by those eight
members of Council present at the time, with Councilors Anthony and Barnes
being absent for this vote.
Clerk of Council Washington also advised that Mr. Patrick Sleem?s seat is
still vacant and that we are working to try to get a replacement for him on the
Civic Center Advisory Board.
*** *** ***
C.I.R.C.L.E.:
Clerk of Council Washington advised that Ms Deidre Williams? seat has been
declared vacant on C.I.R.C.L.E.; therefore a nominee is needed to fill her
seat. There were no nominations.
*** *** ***
COMMUNITY DEVELOPMENT ADVISORY BOARD:
Clerk of Council Washington advised that Mr. Tyrone Rowe is no longer a
resident of Muscogee County; therefore a nominee is needed to fill his seat on
the Community Development Advisory Board. There were no nominations.
*** *** ***
CRIME PREVENTION BOARD:
Clerk of Council Washington advised that there are seven nominees for the
Senatorial District 29 position that would be voted on first and then a vote
would be taken on the Senatorial District 15 position on the Crime Prevention
Board. She said it has been requested that all of the nominees that are not
selected in Senatorial District 29, as well as the Senatorial District 15 to be
put into the At-Large seat for nomination following a vote if it is the desire
of the Council.
Councilor Davis said he does have some concerns with that. He said from a
standpoint of the vote itself, it should be ethical, just and balanced with an
orderly system of tabulation. He expressed that it should be consistent and
myrrh with the form of tabulation that have been taken on votes in the past.
He said to his understanding one separate vote would be taken for each
Senatorial District and one vote for the At-Large position and said the
responsibility has always been on the Councilor representative to place their
nominees in the positions where they are supposed to go and once they are
eliminated, they are eliminated for good.
He said if we are taking everyone from two positions and putting them in a
pool, it?s going to get very confusing. He said he thinks that we need to have
an order in the tabulation of the votes and once a nominee is eliminated from a
category then we should vote on each category independently as nominated by
Council members.
Mayor Wetherington said if we do this, the people that are not elected in
Senatorial District 29, they can be voted on again; therefore, you have two or
three times to eliminate someone.
Councilor Davis said the way he submitted his nominees, he submitted one
person for Senatorial District 29 and one for at-large and once the vote is
taken they are eliminated and out of the mix.
Mayor Pro Tem Turner Pugh explained that this same process has been used
in selecting nominees for one of the Hospital Boards. She said the Council has
done this several times. She said there is nothing that prohibits a Council
Member from nominating a person for a specific district or at-large.
There were several minutes of discussion on how we would proceed in
electing someone to serve on the Crime Prevention Board with members of the
Council expressing their views in how this process should be handled.
Clerk of Council Washington said it is up to the Council to make it?s
policy as to what they want to do with respect to how they want to proceed in
making nominations to this board.
Councilor Anthony asked if it was possible for the Council to vote on
Senatorial Districts 29 and Senatorial District 15 today and submit nominations
for the At-Large position for a vote 2 weeks from this date.
After more than thirty-five minutes of discussion on this matter,
Councilor Anthony made a motion to vote on Senatorial District 29 and
Senatorial District 15 nominations and then submit nominations for the At-Large
positions and vote on them in next two weeks. Seconded by Councilor McDaniel.
Councilor Davis then made a substitute motion to vote on each category,
Senatorial District 29, and Senatorial District 15 and then allow for
nominations to be made for the At-Large position. Seconded by Councilor Barnes.
Discussions continued for another ten minutes with several Council members
expressing their further views relating to this matter, after which Councilor
Anthony then withdrew his motion.
City Attorney Fay pointed out that the nominations have not been closed
and therefore, nominations can be made today as well.
Councilor Davis said his motion is that we go ahead and vote on each of
the Senatorial Districts seats and once those individuals are eliminated they
are eliminated. He said if the Council wants to nominate or move any of the
nominees, we need to go ahead and do it now before we vote.
Clerk of Council Washington named each nominee for Senatorial District 29
and asked if there were any other nominees. She then named each nominee for
Senatorial District 15 and asked if there were any other nominees. The
following are the Senatorial District nominees:
Bruce Bacon (Davis) SD-29
Nancy Rinn (Anthony) SD-29
Kim Peters (McDaniel) SD-29
Mark Hudson (Davis) SD-29
Loyal Evans (Hunter) SD-29
Gregory Wagner (Allen) SD-29
New Member
At-Large Member District-29
(Council?s Apptmt)
The nominees for Senatorial District 15 are listed as follows:
Lionel Ashe (Hunter) SD-15
Benita Davis (Woodson) SD-15
Arnold Goodman (Anthony) SD-15
Marjorie Newman (Barnes) SD-15
Valerie Thompson (Pugh) SD-15
New Member
At-Large Member District-15
(Council?s Apptmt)
Councilor Anthony added Mr. Doug McClound
New Member
Regular At-Large Member
Bruce Bacon
Councilor Davis said his nominee, Mr. Bruce Bacon, should not be in the
Senatorial District 29 position, he should be in the At-Large position. He said
his motion is to outline each of the nominees for Senatorial 29, 15, as well as
the at-large seats.
Councilor Hunter said he understands Councilor Davis? motion, but he would
like to make a substitute motion to deny Councilor Davis? motion. Seconded by
Mayor Pro Tem Turner Pugh. There was an inconclusive vote of four to four,
with members of the Council being away from the Council table.
Councilor Davis then reiterated his motion, which was to submit the
nominations for each of the respective districts, Senatorial District 29, 15
and at-large, which carried by a vote of seven to three, with Mayor Pro Tem
Turner Pugh, and Councilors Anthony and Hunter voting no and all other seven
members of the Council present voting yes.
The following individuals were then nominated for the at-large position:
Bruce Bacon, Valerie Thompson, Andrea Franklin, Loyal Evans, Margie Newman,
Nancy Rinn, Kim Peters, and Greg Wagner.
Clerk of Council Washington then outlined nominees of each of the
districts. After taking the first roll call vote for the Senatorial District
29, Ms. Kim Peters and Mr. Mark Hudson had the highest number of votes and on
the second roll call vote Ms. Kim Peters was elected as the Senatorial District
29 representative, who received a total of seven votes and Mr. Hudson received
three votes.
After taking the first roll call vote for the Senatorial District 15 seat,
Ms. Margie Newman was elected, receiving the highest number of votes, which
were six votes. Mr. Lionel Ashe received one vote and Ms. Valerie Thompson
received one vote.
For the third and final position, At-large on this newly created board, on
the first roll call vote Ms. Nancy Rinn received three votes; Ms. Valerie
Thompson received two votes and Mr. Greg Wagner received two votes.
With Ms. Rhinn, Mr. Wagner, and Ms. Valerie Thompson having the highest
votes, a second roll call vote was taken, which resulted in Ms. Nancy Rinn
receiving four votes and Ms. Valerie Thompson receiving four votes.
On the third roll call vote, Ms. Rinn was then elected with the highest
number of votes, which were six votes. Ms. Valerie Thompson received four votes.
At the request of Clerk of Council Washington, Councilor Allen made a
motion to confirm Kim Peters, Margie Newman and Nancy Rinn as the three
nominations to serve as the members of this newly created board. Seconded by
Councilor Barnes and carried unanimously by those ten members of Council
present for this meeting.
*** *** ***
HOSPITAL AUTHORITY OF COLUMBUS:
Clerk of Council Washington advised that Mr. Franklyn Lambert?s seat
remains vacant on the Hospital Authority; therefore a nominee is needed to fill
his seat. There were no nominations.
*** *** ***
PERSONNEL REVIEW BOARD:
Clerk of Council Washington advised that Ms. Linda Brantley was unable to
accept reappointment on the Personnel Review Board; therefore a nominee is
needed to fill her seat. There were no nominations.
*** *** ***
PUBLIC SAFETY ADVISORY COMMISSION:
Clerk of Council Washington advised that Ms. Sarah Stillitto?s seat has
been declared vacant on the Public Safety Advisory Commission; therefore a
nominee is needed to fill her seat. There were no nominations.
*** *** ***
RECREATION ADVISORY BOARD:
Clerk of Council Washington advised that Mr. Gary Gibson and Ms. Tiffany
Tootle are eligible to succeed themselves on the Recreation Advisory Board;
therefore nominees are needed to fill each seat. There were no nominations.
She also advised that Mr. Bradford Haines and Ms. Jenny Holder resigned their
positions on the Recreation Advisory Board; therefore replacements are needed
to fill each seat.
She also pointed out that we are working on the boards, authorities and
commissions and then asked that this matter be delayed for a couple of months.
-------------------------------------*** ***
***---------------------------------
With there being no additional business for the Council to discuss, Mayor
Wetherington then entertained a motion for adjournment. Councilor Henderson so
moved. Seconded by Councilor McDaniel and carried unanimously by those ten
members of Council present for this meeting, with the time being 11:40 a.m.
Tiny B. Washington, CMC
Clerk of Council
The Council of Columbus, Georgia
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