Agenda Item # 3
Columbus Consolidated Government
Council Meeting
October 24, 2017
Agenda Report # 43
TO: Mayor and Council
SUBJECT: 2017 Legislative Agenda
INITIATED BY: City Manager?s Office
Recommendation: Approval is requested of eight (8) resolutions for the 2018
Legislative Session of the Georgia General Assembly, which the Mayor and
Council deem appropriate.
Background: Each year elected and appointed officials of the Columbus
Consolidated Government develop a list of issues important to the citizens of
Columbus that requires action by the Local Legislative Delegation. Once
approved, a meeting will be held with the Delegation to explain the rationale
behind these issues and to solicit their support. The Hometown Connection and
Legislative Agenda meeting will be held October 30, 2017.
Analysis: Staff, elected and appointed officials were asked to present issues
they felt were important to the operation of city government. Research and
justification for these issues were presented to the City Manager and a list
was prepared for presentation to the Mayor/Council.
Financial Considerations: The City is expected to receive additional revenues
if many of the issues are passed by the Georgia General Assembly.
Recommendations/Actions: Approve those resolutions, which the Mayor and
Council deem appropriate.
COLUMBUS CONSOLIDATED GOVERNMENT
2018 PROPOSED LEGISLATIVE AGENDA
1. RESTRICTION ON MUNICIPAL POWER:
Protection of home rule powers and local control is of paramount importance to
all municipalities. CCG joins GMA in strongly opposing any legislation that
restricts the authority of municipalities to respond to and meet the needs of
their citizens. (Request of City Manager Isaiah Hugley in support of GMA?s
Legislative Agenda for Georgia Cities)
Explanation:
Municipal government is the government closest and most responsive to the needs
of municipal residents and businesses. Recent polling information indicates
that citizens want local control of taxing ability, zoning, quality of life
issues and public safety. CCG urges the General Assembly and federal policy
makers to resist the temptation to create one-size-fits-all legislation or
preemptions. CCG and GMA are concerned with the continued erosion of home rule
and any restrictions on the ability of municipalities to enact ordinances and
enforce regulations to protect the health, safety and welfare of municipal
residents.
2. MANAGEMENT OF PUBLIC RIGHTS-OF-WAYS:
The public should be compensated for the use of municipal rights-of-way. Use of
the municipal rights-of way by any private company or individual without
appropriate compensation to the public is a gratuity. CCG joins GMA in opposing
any legislation that weakens the authority of Georgia's municipalities to
regulate the use of their public rights-of way and which weakens the authority
to locally determine appropriate compensation for such use. (Request of City
Manager Isaiah Hugley in support of GMA?s Legislative Agenda for Georgia
Cities )
Explanation:
Municipalities currently have the authority to regulate the use of public
rights-of-way and contract with utility providers for their use. Any changes to
the use of public rights-of-way could hinder economic growth for municipalities
and could jeopardize public safety.
3. ONE PAYOR PAYMENT CREDIT:
CCG requests that the General Assembly consider legislation that would require
utility companies to accept "One Payor Payment Credit". Currently cities are
billed by utility companies per meter at each location owned by the city or
county, which sounds simple and fair. However, when paying the bill the city or
county should get credit for total consumption each month of all meters instead
of consumption at many different rates. (Request of Councilor Gary Allen and
Judge Bobby Peters)
Explanation:
A one payment system for total usage at all city/county locations would
drastically reduce the amount paid per unit. Utility companies are opposed to
one-payor billing and will not accept it without general statewide legislation.
This would save each city and county millions of dollars over time.
4. AUTHORIZE THE IMPOSITION AND COLLECTION OF LAW LIBRARY FEES IN MAGISTRATE
COURT OF MUSCOGEE COUNTY:
The Board of Trustees of the Muscogee County Law Library requests that the
legislative delegation propose legislation that would authorize the Chief Judge
of the Magistrate Court to charge and collect, as part of its court costs, a
fee of $5.00 per action or case filed as an additional revenue source for the
Muscogee County Law Library. (Request of Judge Gil McBride, Chief Judge of
Superior Court).
Explanation:
Pursuant to Subsections (a), (d) and (e) of O.C.G.A. 36-15-9, the Muscogee
County Law Library currently receives funding from the superior, state,
probate, recorders and municipal courts in the amount of $5.00 per action or
case filed. These five courts of record serve as the primary source of funding
for the law library. Historically, revenues from Recorder?s Court far exceed
those received from the other four courts. However, revenues from Recorder?s
Court have sharply and steadily declined by approximately 30% over the past
several fiscal years. Since cost-cutting measures will not ameliorate the
resulting deficit, the law library must seek an additional revenue source to
continue providing valuable online and print resources and services to members
of the local Bar and general public.
Following the lead of other jurisdictions, the Board of Trustees hereby makes
this request inasmuch as the Magistrate Court of Muscogee County is the only
remaining court of record not currently providing revenues for the law library.
This is so despite its referral of a significant number of patrons to the law
library. Moreover, effective July 1, 2017, the General Assembly amended
O.C.G.A. 36-15-1 to include the chief judge of magistrate court on the county
law library board of trustees, thereby implicitly recognizing their
increasingly shared interests. Nonetheless, O.C.G.A. 15-10-86 precludes
magistrate courts from charging law library fees unless otherwise provided by
local law. The term ?local law? as used herein means a local act of the General
Assembly. 1984 Op. Atty. Gen?l. No. U84-12. This must be accomplished by
legislative action.
5. CASINO GAMING REFERENDUM:
The Columbus Consolidated Government is requesting the legislative delegation
introduce or support legislation to authorize a statewide referendum for a
constitutional amendment to allow Georgia citizens to vote as to whether casino
gaming should be allowed in Georgia for the purpose of Hope Scholarship
funding. Further, if any such constitutional amendment is adopted, this Council
requests a local referendum be established for approval or rejection of any
such casino gaming in Muscogee County. (Carryover from 2017- Request of Mayor
Pro Tem Evelyn Turner Pugh and Councilor Evelyn Mimi Woodson)
Explanation:
To provide Hope Scholarships to college bound students to ensure that a lack of
funding does not prevent them from going to college, staying in college and
graduating from college.
6. REVIEW PROCESS AND TIMELINE FOR ISSUANCE OF BUILDING PERMITS BY LOCAL
GOVERNING AUTHORITIES:
The Columbus Consolidated Government is requesting the legislative delegation
advocate against legislation that would reduce timeline for issuing building
permits and allowing applicants to use private plans examiners and inspectors
to review and approve construction plans. (Carryover from 2017 - Request of
John Hudgison/Inspections and Codes Director)
Explanation:
Currently Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of
Georgia Annotated, relating to state building, plumbing, and electrical codes,
allow municipalities the ability to review plans for up to 30 business days.
One proposed bill would amend it to only 15 business days. With the diverse
nature of building construction and use, building plans must go through other
departments for approval (Engineering, Planning, etc.) as well as other local
boards (BHAR, BZA, PAC). Much of that work and approval would take more than 15
business days. This would force the City to stop simultaneous submittals and
would not be able to come to the Inspections & Code Department to submit plans
until the other departments have reviewed and approved the plans. Also, this
would open the door for private plans examiners and inspectors to approve plans
and inspect buildings without notifying the local municipality if the applicant
feels that the timelines are not met.
7. MILITARY RETIREE STATE TAX EXEMPTIONS:
The Columbus Consolidated Government is requesting that the legislative
delegation support efforts to exempt military retiree pay from state income tax
in order to attract military retirees to Columbus, Georgia as recommended by
the Greater Columbus, Georgia Chamber of Commerce. (Carryover from 2017 ?
Request of The Greater Columbus, Georgia Chamber of Commerce)
Explanation:
? Exempt Military Retiree Pay From Georgia Taxes.
? Of The Five States Bordering Georgia, Four Do Not Tax Military Retiree Pay.
? Border Cities Are At A Competitive Disadvantage To Attract Veterans To Area.
? Consider A Transition By Beginning With An Exemption To Those Military
Retiring In 2018, Then Work Back Each Year Until All Are Captured.
8. REMOVAL OF JUNKED MOTORIZE VEHICLES BY TOWING:
The Columbus Consolidated Government is requesting that the legislative
delegation support efforts to amend State Law in a way that clarifies that
licensed towing companies may at the request of the governing authority tow
derelict vehicles that are left on occupied private property in violation of
local ordinance. (Request of Councilor Jerry Pop Barnes)
Explanation:
Columbus has an ordinance which make it a misdemeanor to keep a junked car on
private property except when zoning and screening provisions are met. However,
other than fining the violator, there is no other meaningful remedy because
towing companies are reluctant to tow a vehicle from occupied private property
without the protections that are afforded them when they tow in other
circumstances.
Note:
Councilor Judy Thomas has requested discussion on ?authority of council dealing
with the Tax Assessor?s office?.
Item # 1 (1)
A RESOLUTION
NO. ________
A RESOLUTION REQUESTING THAT THE LOCAL LEGISLATIVE DELEGATION SUPPORT GEORGIA
MUNICIPAL ASSOCIATION LEGISLATIVE AGENDA TO PROTECT HOME RULE POWERS OF
MUNICIPAL GOVERNMENTS.
WHEREAS, home rule powers and local control are of paramount importance to all
communities; and,
WHEREAS, local government is the government closest and most responsive to the
needs of municipal residents and businesses; and,
WHEREAS, this Council is concerned with the adverse impact of any legislation
which erodes the existing principles of home rule and places restrictions its
ability to enact ordinances and enforce regulations to protect the health,
safety and welfare of its residents.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES AS FOLLOWS:
That the local Legislative Delegation support efforts sponsored by the Georgia
Municipal Association or others which protect the principles of home rule and
the ability of municipal governments to enact ordinances which protect the
health safety and welfare of municipal residents.
__________________
Introduced at a regular meeting of the council of Columbus, Georgia, held the
24th day of October 2017 and adopted at said meeting by the affirmative vote of
______ members of said Council.
Councilor Allen voting _____________.
Councilor Baker voting _____________.
Councilor Barnes voting _____________.
Councilor Davis voting _____________.
Councilor Garrett voting _____________.
Councilor Henderson voting _____________.
Councilor Huff voting _____________.
Councilor Thomas voting _____________.
Councilor Turner Pugh voting _____________.
Councilor Woodson voting _____________.
_______________________________ __________________________
Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor
Item # 1 (2)
A RESOLUTION
NO. _____
A RESOLUTION REQUESTING THAT THE LOCAL LEGISLATIVE DELEGATION SUPPORT GEORGIA
MUNICIPAL ASSOCIATION IN OPPOSING LEGISLATION WHICH PREVENTS LOCAL GOVERNMENTS
FROM BEING COMPENSATED FOR USE OF PUBLIC RIGHTS OF WAY.
WHEREAS, the public should be compensated for the use of municipal rights of
way by private parties; and,
WHEREAS, such private use of rights of way without due compensation to the
public is a gratuity; and,
WHEREAS, the Georgia Municipal Association has stated its intention to oppose
any legislation which would weaken the authority of Georgia?s municipalities to
regulate the use of their public rights of way and determine appropriate
compensation for the same.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES AS FOLLOWS:
That the local Legislative Delegation support efforts sponsored by the Georgia
Municipal Association or others which protect the ability of Columbus
Consolidated Government to determine appropriate use of its public rights of
way and determine appropriate compensation for the same.
__________________
Introduced at a regular meeting of the council of Columbus, Georgia, held the
24th day of October, 2017 and adopted at said meeting by the affirmative vote
of ______members of said Council.
Councilor Allen voting _____________.
Councilor Baker voting _____________.
Councilor Barnes voting _____________.
Councilor Davis voting _____________.
Councilor Garrett voting _____________.
Councilor Henderson voting _____________.
Councilor Huff voting _____________.
Councilor Thomas voting _____________.
Councilor Turner Pugh voting _____________.
Councilor Woodson voting _____________.
_______________________________ __________________________
Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor
Item # 1 (3)
A RESOLUTION
NO. ________
A RESOLUTION REQUESTING THAT THE LOCAL LEGISLATIVE DELEGATION SUPPORT
LEGISLATION REQUIRING UTILITIES TO ACCEPT ?ONE PAYOR PAYMENT CREDIT?.
WHEREAS, local governments are currently billed by utility companies per meter
at each location they own which prevents them from receiving a discounted rate
based on their total consumption; and,
WHEREAS, a ?One Payor Payment Credit? system would allow a local government
credit for its total use in determining its rates and result in significant
savings to each local government; and,
WHEREAS, statewide legislation is necessary in order to require the utilities
to implement a ?one Payor Credit? system for all local governments.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES AS FOLLOWS:
That the local Legislative Delegation support legislative efforts to require
utilities to accept a ?One Payor Credit? when billing counties, municipalities
and consolidated governments.
__________________
Introduced at a regular meeting of the council of Columbus, Georgia, held the
24th day of October, 2017 and adopted at said meeting by the affirmative vote
of ______ members of said Council.
Councilor Allen voting _____________.
Councilor Baker voting _____________.
Councilor Barnes voting _____________.
Councilor Davis voting _____________.
Councilor Garrett voting _____________.
Councilor Henderson voting _____________.
Councilor Huff voting _____________.
Councilor Thomas voting _____________.
Councilor Turner Pugh voting _____________.
Councilor Woodson voting _____________.
_______________________________ __________________________
Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor
Item # 1 (4)
A RESOLUTION
NO. ________
A RESOLUTION REQUESTING A LOCAL ACT OF THE GENERAL ASSEMBLY TO AUTHORIZE THE
IMPOSITION AND COLLECTION OF LAW LIBRARY FEES IN THE MAGISTRATE COURT OF
MUSCOGEE COUNTY.
WHEREAS, the Magistrate Court of Muscogee County is the only local court of
record which does not impose a fee for the support of the Muscogee County Law
Library; and,
WHEREAS, Magistrate Court patrons are consistently referred to the Muscogee
County Law Library and by virtue of State Law, its Chief Judge serves on the
Board of Trustees for the library; and,
WHEREAS, O.C.G.A. ?15-10-86 requires a local act of the General Assembly before
a magistrate court may be authorized to charge a law library fee.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES AS FOLLOWS:
That the local Legislative Delegation introduce local legislation in the
General Assembly which will authorize the Municipal Court of Muscogee County to
charge and collect a fee of $5.00 per action or case filed as an additional
revenue source for the Muscogee County Law Library.
__________________
Introduced at a regular meeting of the council of Columbus, Georgia, held the
24th day of October, 2017 and adopted at said meeting by the affirmative vote
of ______members of said Council.
Councilor Allen voting _____________.
Councilor Baker voting _____________.
Councilor Barnes voting _____________.
Councilor Davis voting _____________.
Councilor Garrett voting _____________.
Councilor Henderson voting _____________.
Councilor Huff voting _____________.
Councilor Thomas voting _____________.
Councilor Turner Pugh voting _____________.
Councilor Woodson voting _____________.
_______________________________ __________________________
Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor
Item # 1 (5)
A RESOLUTION
NO.________
WHEREAS, this Council desires to facilitate the provision of Hope Scholarships
to college bound students to insure that a lack of funding does not prevent
them from going to college; and,
WHEREAS, additional funding sources are necessary to be able to fully
implement the Hope Scholarship program.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS FOLLOWS:
We hereby respectfully request that the local legislative delegation to the
Georgia General Assembly introduce or support legislation to authorize a
referendum to allow Georgia citizens to vote as to whether casino gaming should
be allowed in Georgia for the purpose of Hope Scholarship funding. Let a copy
of this Resolution be forwarded by the Clerk of Council to each member of the
local delegation to the Georgia General Assembly.
______________
Introduced at a regular meeting of the Council of Columbus, Georgia held on the
24th day of October 2017, and adopted at said meeting by the affirmative vote
of ______ members of Council.
Councilor Allen voting _____________.
Councilor Baker voting _____________.
Councilor Barnes voting _____________.
Councilor Davis voting _____________.
Councilor Garrett voting _____________.
Councilor Henderson voting _____________.
Councilor Huff voting _____________.
Councilor Thomas voting _____________.
Councilor Turner Pugh voting _____________.
Councilor Woodson voting _____________.
_______________________________ __________________________
Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor
Item # 1 (6)
A RESOLUTION
NO._____
WHEREAS, there is legislation pending in the General Assembly which would amend
Title 8 of the Georgia Code reduce the timeline for local governments to act on
building, plumbing and electrical permit requests from thirty days to fifteen
days and to permit the use of private inspectors if the fifteen- day timeline
is not met; and,
WHEREAS, the Department of Inspections and Codes has advised that such a
reduction of the time allowed for processing permit applications would be
difficult to comply with and would interfere with the current practice of
concurrent plan review.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES:
We hereby request that the local delegation to the General Assembly oppose
Senate Bill 437 or any similar proposal, which shortens the time available to
local plans examiners to act on permit requests or expands the ability for
applicants to seek a private inspection in lieu of one performed by the local
government?s plan examiners. Let a copy of this Resolution be forwarded by the
Clerk of Council to each member of the local delegation to the Georgia General
Assembly.
_________________
Introduced at a regular meeting of the council of Columbus, Georgia, held the
24th day of October, 2017 and adopted at said meeting by the affirmative vote
of ______members of said Council.
Councilor Allen voting _____________.
Councilor Baker voting _____________.
Councilor Barnes voting _____________.
Councilor Davis voting _____________.
Councilor Garrett voting _____________.
Councilor Henderson voting _____________.
Councilor Huff voting _____________.
Councilor Thomas voting _____________.
Councilor Turner Pugh voting _____________.
Councilor Woodson voting _____________.
_______________________________ __________________________
Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor
Item # 1 (7)
A RESOLUTION
No._____
A RESOLUTION REQUESTING THAT THE LOCAL LEGISLATIVE DELEGATION INTRODUCE
LEGISLATION THAT WOULD ALLOW AN EXEMPTION SIMILAR TO THAT IN ALABAMA FROM STATE
INCOME TAX FOR MILITARY RETIREES.
WHEREAS, this legislation will allow Columbus, Georgia to remain a competitive
economic hub that continues to attract military families and retirees to our
community; and,
WHEREAS, the Mayor and Council have discussed issues important to the efficient
operation of the Columbus Consolidated Government and the quality of life for
its citizens; and,
WHEREAS, this issues requires action in the 2018 General Assembly Session.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES AS FOLLOWS:
We hereby respectfully request that the local delegation to the Georgia General
Assemble introduce legislation at the 2018 General Assembly that would allow an
exemption similar to that in Alabama from state income tax for military
retirees to maintain Columbus, Georgia as a competitive economic hub that
continues to attract military families and retirees to our community.
___________________
Introduce at a regular meeting of the council of Columbus, Georgia, held the
24th day of October 2017, and adopted at said meeting by the affirmative vote
of _______ members of Council.
Councilor Allen voting _____________.
Councilor Baker voting _____________.
Councilor Barnes voting _____________.
Councilor Davis voting _____________.
Councilor Garrett voting _____________.
Councilor Henderson voting _____________.
Councilor Huff voting _____________.
Councilor Thomas voting _____________.
Councilor Turner Pugh voting _____________.
Councilor Woodson voting _____________.
_______________________________ __________________________
Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor
Item # 1 (8)
A RESOLUTION
NO. ________
A RESOLUTION REQUESTING THAT THE LOCAL LEGISLATIVE DELEGATION SUPPORT
LEGISLATION AMENDING STATE LAW TO AUTHORIZE TOWING COMPANIES TO TOW DERELICT
VEHICLES FROM PRIVATE PROPERTY AT THE REQUEST OF THE LOCAL GOVERNING AUTHORITY.
WHEREAS, Columbus has an ordinance which makes it a misdemeanor to keep a
derelict ?junked? car on private property except where zoning and screening
provisions are complied with; and,
WHEREAS, the enforcement mechanisms for this ordinance are not
meaningful without the threat of towing the vehicle; and,
WHEREAS, state law clarification is necessary to assure that towing companies,
which tow a vehicle from an owner?s occupied private property in order to
enforce a local ordinance, are protected from liability.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY RESOLVES AS FOLLOWS:
That the local Legislative Delegation support legislation which clarifies the
legal ability of towing companies to remove a derelict vehicle at the request
of local authorities for ordinance violations even when the vehicle is on owner
occupied private property.
__________________
Introduced at a regular meeting of the council of Columbus, Georgia, held the
24th day of October 2017 and adopted at said meeting by the affirmative vote of
______members of said Council.
Councilor Allen voting _____________.
Councilor Baker voting _____________.
Councilor Barnes voting _____________.
Councilor Davis voting _____________.
Councilor Garrett voting _____________.
Councilor Henderson voting _____________.
Councilor Huff voting _____________.
Councilor Thomas voting _____________.
Councilor Turner Pugh voting _____________.
Councilor Woodson voting _____________.
_______________________________ __________________________
Tiny B. Washington, Clerk of Council Teresa Pike Tomlinson, Mayor
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